Close Rolls, Edward II: December 1316 | British History Online

Calendar of Close Rolls, Edward II: Volume 2, 1313-1318. Originally published by Her Majesty's Stationery Office, London, 1893.

'Close Rolls, Edward II: December 1316', in Calendar of Close Rolls, Edward II: Volume 2, 1313-1318, (London, 1893) pp. 385-387. British History Online https://www.british-history.ac.uk/cal-close-rolls/edw2/vol2/pp385-387 [accessed 19 April 2024]

December 1316



Dec. 30. Clipston.	To the same. At the suits of Reymund de Bruma, Poncius Lente, and Bonetus his brother, the king's merchants, that whereas they lately caused a ship called 'Coga' of Valencia to be laden at Bordeaux with 17 bales of avoir-du-pois, price 200l. sterling, for the purpose of bringing the same to England to trade therewith, certain malefactors captured the ship and cargo at Les Dunes, near the port of Sandwich, the king ordered Robert de Kendale, constable of Dover castle and warden of the Cinque Ports, to make inquisition concerning the carrying away thereof; by which it was found that the ship, whereof Constantine de Brokston was master, laden with 90 tuns and 36 pipes of wine, price 668l. (sic) sterling, each tun at 6l., 20 quarters of wheat, price 20l., and 13 bales of avoir-du-pois, price 180l., and 17 bales of avoir-du-pois, price 200l., was anchored at Les Dunes, near the port of Sandwich, within the king's power, and that certain malefactors of the power of the count of Flanders assaulted the master and mariners and merchants with force and arms, and took and carried away the ship and her tackle, price 120l. sterling, together with the beds, robes, armour, coffers, silver cups, and other jewels of the merchants and mariners, price 22l. sterling, with all other goods and chattels in the ship, and carried the same to Le Swyne within the count's power, to the damage of the merchants of 100l. sterling beyond the above sums; of which wines, bales, and other wares, 17 bales of avoir-du-pois belong to the said Reymund, Poncius, and Bonetus, 50 tuns and a pipe of wine to the said Reymund, Aymer de Malonia, Gilbert de Brolio, and John de Monte Albano, 28 tuns of wine to the said Reymund and Arnald his brother, 20 tuns of wine to the said Reymund and to John du Pek, 13 bales of avoir-du-pois to the said Reymund, Dominic Pellico, and John Perere, as the said Reymund and Arnold have acknowledged before the king's council; the king, wishing to aid Reymund, Poncius, and Bonettus in recovering the said 17 bales of avoir-du-pois, which are appraised at 200l., and 17l. 1s. 8d. for their portion of the said sum of 100l. for damages, orders the sheriff to arrest goods of the men of the count and community of Flanders to the value of 217l. 1s. 8d., and to cause them to be safely kept until Reymund, Poncius, and Bonetus have been satisfied, certifying the king of his proceedings herein.
	Afterwards, on 8 August, in the 14th year of the reign, they had writs to the sheriff of Lincoln for 110l. 1s. 8d., excepting Boston fair and those coming to it, and to the bailiffs of Kyngeston-on-Hul for 100l.
	The like for the following to the sheriffs of London:
	The said Reymund and Arnald his brother for 28 tuns of wine, price 68l., and 14l. 7s. 0d. damages.
	The said Reymund, Aymer de Molonia (sic), Gilbert de Brolia, and John de Monte Albano for 50 tuns of wine and one pipe, price 303l., and for 25l. 17s. 0d. for damages.
	The said Reymund and John du Pek for 20 tuns of wine, price 120l., and 9l. 1s. 8d. for damages.
	The said Reymund, Dominic Pellice and John Perere for 13 bales of avoir-du-pois and 5 pipes of wine, price 195l., and 16l. 13s. 0d. for damages.
Dec. 16. Clipston.	To the bailiff of Holdernesse. Whereas dissension has arisen between certain of the bonds (de bondis) of the manor of Brustwyk by reason of the contrariety of two customs in that manor, to wit certain of them asserting the custom to be that when any tenant in bondage dies, his wife, if she survive, ought to hold her husband's tenements in bondage for her lifetime without paying any fine or relief for the tenements after her husband's death, and if she take a second husband, then the second husband ought to make fine for entry and for marrying the widow, and that the second husband ought to hold the tenements in bondage for all his life, although his wife die before him; other of the bonds alleging, on the contrary, that there is no such custom there, but another custom that after the death of the woman thus married to a second husband, the heirs of her first husband ought to be admitted to make fine for their ancestors' tenements, and that the second husband ought to be amoved from such tenements after his wife's death, and the tenements ought to be delivered to the heirs of the first husband by such fine; the king appointed John de Sutton, Robert le Conestable of Holdernesse, and Walter de Goushill, bailiff of the aforesaid manor, or two of them, to enquire concerning the customs by the oaths of the freemen and bonds of that manor and of all the towns pertaining to it, in the presence of those whom the matter concerns; by which inquisition it was found that in the times of the earls of Albemarle and lords of Holdernesse, and in times past a custom was always used in the manor and the towns pertaining to it that when a tenant in bondage died, his wife, if she survived, should hold for life her husband's tenements in bondage without paying any fine or relief after her husband's death, and if she took a second husband, and afterwards died, the heirs of her first husband ought to be admitted to make fine for their ancestors' tenement, and that the second husband ought to be amoved from the tenements after his wife's death; and afterwards, because certain of the bonds and second husbands appeared before the king and asserted that they have long held their tenements in the manor in bondage by the other custom, and that there are more in the manor who hold by the same custom as they do than hold by the custom found by the above inquisition, the king, wishing to be certified what number of bonds hold by one custom and what by the other, and if the second husbands holding the first husband's tenements after the death of their wives hold them (fn. 1) by default or negligence of the heirs of the first husband, to wit for the reason that the heirs were unable to do the services therefor due, or that they did not demand the land after the wives' deaths, or otherwise, and if such heirs being so unable or negligent ought to be afterwards admitted to make fine for the tenements held by the second husbands through their default or negligence, or if the second husbands ought to hold them for life, and how many second husbands thus hold by default or negligence of the heirs, ordered the aforesaid John, Robert, and Walter to enquire concerning these points; by which inquisition it was found that there are more in the manor holding by the custom found by the first inquisition than by the other, and that the heirs of the first husbands ought to be admitted to make fine for their ancestors' tenements after the death of the wives so married to second husbands, if they came soon (recenter) after the death of the wives, and if they were able to do the services, otherwise they were not to be admitted to make fine; the king, considering by himself and his council that it is more reasonable and expedient that the custom for the heirs of the first husband should be observed at his will, orders the bailiff to observe that custom henceforth in the manor, unless ordered otherwise by the king. By C.