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Close Rolls, Edward III: May 1365

Pages 102-125

Calendar of Close Rolls, Edward III: Volume 12, 1364-1369. Originally published by His Majesty's Stationery Office, London, 1910.

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May 1365

May 1.
Westminster.
To the sheriffs, mayors, bailiffs, ministers and other the king's lieges. Order to suffer Simon now bishop of London, the dean and chapter of the church of St. Paul London and their men to be quit in regard to all their goods and property of toll, pontage, passage, payage, lastage, stallage, tallage, carriage and pasnage in all places within their districts whatsoever, restoring anything of them taken for that cause, according to the charters of the king's forefathers and the king's charter of confirmation; as among other liberties it is thereby granted to the said bishop, dean and chapter that they and their men for ever shall be quit of the said customs and of every other throughout the land in regard to goods carried by land or by water, and it is forbidden that any man should trouble them, their property, possessions, lands or men on pain of forfeiting 10l. to the king; and the king by charter has confirmed the charters of his forefathers, and has further granted that they and their successors shall thenceforth use and enjoy the said liberties and quittances without let of the king, his heirs, justices, sheriffs, bailiffs or ministers whatsoever, though any of them was not used heretofore.
Et erat patens.
May 5.
Westminster.
To the sheriff of Cornwall and the king's subadmiral toward the west. Order, upon the petition of the king of Castile and of Edward prince of Aquitaine and Wales, to cause 920 quintals of iron by them arrested to be delivered to certain Spanish merchants of the towns of Bermeo, Bilvao, and Liquecio in the county of Viscagia, the claim of Alan Robert and Mark Dovy notwithstanding; as the king lately by writ of privy seal ordered the sheriff and subadmiral to certify the cause wherefore they arrested the said iron brought by the said Alan and Mark to the port of Fowy, and they certified that on Monday after the Assumption last they arrested the same because of a suspicion they had by reason of certain speeches that the same was by people of England stolen from certain merchants of Spain off Conk upon the coast of Brittany, and for better information took an inquisition by good and sufficient seamen and merchants, whereby it was found that the said Alan and Mark merchants of Cornwall crossed the sea in a ship called 'la Pedrok' sailing from Cornwall to Garounde to get salt, and when the ship came to Garounde and was laded with salt, returning by sea towards Cornwall, they were driven by too violent a wind to a port called Seint Gilmyn of Conk in Brittany and long detained there, so that without sale of their salt they might not endure, and sold the same there to merchants of that port, and after buying the said iron of John Gauceby and Domyngo Vanes lawful merchants of the same port, and paying the custom thereof due as befitted good and true merchants, brought it to the port of Fowy as their true chattel, as lawful was; and the king is assured by good and sufficient proof made before him and the council, by letters of the said king and prince to him addressed, and by other evidence shewn before him and the council, that the iron was of certain merchants of the king of Castile of the said towns in ships of Spain laden therewith and with other merchandise to be taken to Brittany, and was by certain pirates of England and Brittany stolen at sea off the coast of Brittany in time of truce between the said kings and their subjects; and on behalf of the said king and prince earnest prayer has been made for restitution thereof.
By K. and C.
May 10.
Westminster.
To the sheriff of Cornwall and the king's subadmiral toward the west. Order, upon the petition of John de Veyages, who for himself and his fellows merchants of Bermeo, Bilvao and Liquecio was suing before the king and council for recovery of the iron above mentioned, to deliver to Alan Robert and Mark Dovy all the iron by them arrested; as the king lately etc. (as above); and at the petition of the king of Castile and the prince of Wales by writ to the sheriff and subadmiral addressed commanded the same to be delivered to the said merchants; and after the said John, appearing before the king in chancery, acknowledged that the said Alan and Mark had contented him of the price thereof, praying that it should be to them delivered as sold by him. The king's will is that the sheriff and subadmiral be thereof discharged toward him and toward the said merchants. By K. and C.
May 10.
Westminster.
To the sheriff of Gloucester. Order to remove the king's hand, and not to meddle further with twelve tuns of wine of John de Cherleton, Richard de Beorton, Thomas de la Grene and John Taverner of Wircestre by him taken into the king's hand; as lately the king ordered the sheriff to certify in chancery the cause wherefore he took and detained the said wine, and he certified that he did so in case the wine should be adjudged for wreck, for that a boat wherein were the said tuns was by a storm of wind sunk in the river Severn between the lordship of Berkeley and the forest of Dene, when no man escaped alive therefrom; and the business being examined before the council, it seems to the council that goods found in such rivers ought not to be adjudged for wreck. By C.
The like to Philip de Lutteleye escheator in Gloucestershire, for the said John de Cherleton etc.
May 26.
Westminster.
To the mayor and constable of the staple of Gippewic and the collectors of customs there, also to the merchants resorting to the said staple. Order, under a double pain, to cause that which by oath of Richard de Haverlond of Gippewic they may be assured that he has paid for balances, weights and other things needful for weighing wool in the staple of that port, to be without delay collected and levied among them, and paid to the said Richard, that by their default the weighing and unlading of wool in that port be not hindered to the king's loss, whereby he should have matter of wrath against them; as for the common advantage of merchants flocking to the said staple the king caused balances and weights for weighing wool therein to be new made and sent thither at their request, for the making whereof and the cost the said Richard paid, as it is witnessed before the king.
By K. and C.
May 21.
Westminster.
To the collectors of the custom of wool, hides and woolfells in the port of London. Order to weigh all wool in the said port to be taken to Calais without waiting according to the form of the ordinance of the staple for any bill of the mayor of the staple at Westminster, and upon payment of the customs and subsidies thereupon due, to suffer the wool to be by aliens taken thither according to the command to them previously addressed, the said ordinance notwithstanding; as that is the king's will.
April 28.
Westminster.
To the treasurer and the barons of the exchequer, and to the chamberlains. Order to search the rolls of accounts rendered at the exchequer by the collectors of custom in the port of Berewic upon Twede and the other rolls and memoranda of the exchequer, and of the issues of the said custom if sufficient, otherwise of the treasury, to cause payment to be made to Henry de Percy, son and heir of Henry de Percy, of the arrears of 500 marks to be taken upon the said custom which by letters patent the king lately granted to the said Henry the father and to his heirs, or to make him a competent assignment to content him. By K. and C.
May 20.
Westminster.
To the collectors of the custom of wool, hides and woolfells in the port of London. Order to suffer all merchants natives and alien to be quit of payment of custom and subsidy for the canvas wherein their wool shall be packed to take to Calais, or for the corners thereof, as heretofore used to be done, and as ordered and agreed in the parliament holden at Westminster in the 34th year of the reign.
Membrane 30.
May 6.
Westminster.
To John atte Lee steward of the lands of Queen Philippa. Order to pay to the prior and brethren of the order of St. Mary of Mount Carmel and to the convent of Bishops Lenne the arrears of a yearly rent of ten quarters of wheat and ten quarters of barley from the death of John Bardolf of Wirmegeye tenant in chief, and to pay the same henceforth until the lawful age of his heir, according to the said John's grant, as it has been paid heretofore; as by inquisitions taken by the king's command of the said John's lands, which are in the king's hand by his death and by reason of the nonage of his heir, and in the said queen's wardship of the king's grant, it is found that John in his life time with the king's licence by charter granted that rent to the said prior and brethren and their successors, to be taken at All Saints of his manor of Stowe co. Suffolk (sic), for the soul of the grantor and of his ancestors.
May 12.
Westminster.
To Edmund Cheyne keeper of the islands of Jereseye, Gernereye, Serk and Aureneye. Order to remove the king's hand, and not to meddle further with the esperquerie of congers and the customs of mackerel of the men and tenants of the abbey of Mont St. Michel in periculo maris in Gernereye, delivering wholly to the said abbot and to the prior of Vallia in Gernereye any issues thereof taken; as lately at the suit of the said abbot, alleging that he and his predecessors were time out of mind in possession of the esperquerie and customs aforesaid without interference, as may appear by the record and process of a plea between the king and the said abbot moved in the last eyre of justices, and that the said keeper has of his will without due process unlawfully ousted the said abbot from possession thereof, and the said prior to him subject, seizing the same into the king's hand, the king by writ commanded the said keeper to be before him and the council in chancery three weeks after Easter last to inform them concerning the manner and cause of taking the same into the king's hand, and concerning the king's right therein, giving the abbot that day to do and receive what should be lawful in the premises; and though the keeper received the writ, as is testified before the king, he came not at that day, and by the said record and process, which the king caused to come before him in chancery, it is clear that the abbot, the prior and their predecessors were seised in possession as aforesaid time out of mind. By C.
Et erat patens.
May 26.
Westminster.
To William de Reygate escheator in Yorkshire. Order to cause three tofts and six bovates of land in Marton and Tollesby in Clyveland to be taken again into the king's hand and delivered to John de Horeworth, together with the issues thereof from the time they were first so taken; as lately the king ordered the escheator to certify in chancery the cause wherefore he took the said John's lands in Marton and Tauceby into the king's hand, and he signified that the said John was lately an adherent of Andrew de Hercla the king's enemy and rebel in his enmities against the king's allegiance, and that Ellen de Horeworth, who held the premises of William Malbys by homage and fealty, died about two years past, after whose death the said John entered the same as his right and as her next heir, and so held them; and after, for that the late king by letters patent, produced before the king in chancery, of his favour pardoned the said John the suit of his peace and whatsoever pertained to him for that adherence, and for that he was of the household of the said Andrew, also for homicides, robberies, felonies and trespasses whatsoever in the realm committed contrary to his allegiance whereof he was indicted, and granted him his peace, at the suit of the said John praying for restitution and livery of the premises, the king ordered the sheriff of York to give notice to Richard de Hoton, who held the same of the king's grant, to be before the king in chancery in the quinzaine of Easter last to shew cause wherefore the premises should not be taken again into the king's hand and so delivered, and further to do and receive what the court should determine; and the sheriff returned that he gave such notice to the said Richard and Richard came not in chancery at that day.
May 8.
Westminster.
To John de Tye escheator in Sussex. Order to cause William son and heir of William de Fifhyde tenant in chief to have seisin of his said father's lands; as he has proved his age before the escheator, and the king has taken his homage and fealty. By p.s. [26641.]
To John de Evesham escheator in the county of Suthampton. Like order, as the said William has proved his age before John de Tye.
By p.s. [as above].
May 24.
Westminster.
To Leo de Perton escheator in Worcestershire. Order to cause the bishop of Worcester to have seisin of 12 acres of land in Northwyk by Worcester held by Richard Elyot of Worcester outlawed for felony it is said; as the king has learned by inquisition, taken by the escheator, that the said land has been in his hand a year and a day, that the said Richard held it of the said bishop, and that the escheator had the year and a day and the waste, and ought to answer to the king for the same.
The like to the said escheator, to cause John de Littleton to have seisin of 4 acres of land in Northwyk aforesaid held by the said Richard Elyot.
May 8.
Westminster.
To the justices of the Bench. Order, upon the petition of the abbot of Lyre, to proceed to render judgment in a plea between him and the dean of Wy[n]burne, doing justice between the parties; as the abbot has shewn that his predecessor impleaded Master Richard de Clare then dean of Wynburne before the said justices to render him 288 marks, arrears of a yearly rent of 8 marks to him due, in which plea the dean alleged that he held the deanery for life of the king's advowson by collation of the late king, and found the deanery discharged of the said rent, wherefore without the king he ought not to make answer, that thereby at the said late abbot's suit command was given to the then justices to proceed in the plea his allegation notwithstanding, that the process was continued so that after by inquisition of the country and by judgment of the court the said abbot recovered the rent and arrears against the said Richard, that the now abbot is impleading the now dean before the justices for arrears of the same rent, and that they have deferred to proceed in the plea for that the now dean in his pleading has alleged that he holds the deanery of the king's collation, and without the king ought not to make answer. By K. and C.
May 16.
Westminster.
To Henry Grene and his fellows, justices appointed to hold pleas before the king. Order, upon the petition of William son of Alexander de Walsham, to hear his plaint, summoning before them as well John Pyel mayor of the staple of Westminster as Thomas de Naunton knight, and if by inspection of his body or other lawful information they may be assured that he is as yet within age, to proceed to annul and quash a recognisance for 400l. by the said William made to the said Thomas before the said mayor; as the said William has shewn the king that he, being within age, made the recognisance aforesaid according to the ordinance of the said staple, and that though he is yet within age the said Thomas is suing execution thereof against him.
May 12.
Westminster.
To the justices of the Bench. Order to abide by the form of the ordinance and statute of provisors in all pleas touching the same now or hereafter pending before them, any command of the king to them heretofore addressed in any such plea to the contrary notwithstanding; as by the lords and commons of the realm at Westminster it was thereby ordered that all of the king's allegiance who hale any man out of the realm in a plea on any matter whereof cognisance pertains to the king's court, or whereof judgments are therein rendered, or who sue in an alien court to annul or impeach judgments therein rendered, shall by warning to be by the sheriff or other minister of the king given in the place where are the possessions in debate, or elsewhere where they have lands or possessions, have a day at an interval of two months to be before the king and council, or in chancery, or before the justices of either Bench, or other the king's justices by him appointed for the purpose, to answer in person for the contempt made in that behalf, and if they shall not come at that day to stand to law, they, their proctors, attorneys, executors, notaries and maintainers shall thenceforth be put out of the king's protection, and their lands, goods and chattels shall be forfeit to the king. By K. and C.
[Fœdera.]
Membrane 29.
May 2.
Westminster.
To John de Evesham escheator in Berkshire and Wiltes. Order not to meddle further with the manors of Yatyngden and Lekhampstede, the advowson of Yatyngden, a meadow in Burghefeld called Vyneye, a meadow in Southecote called Hevenemede, a meadow in Whitele called Holmesmede, a toft and one carucate of land in Stratfeld Mortymer called Trunkewell, 8 acres of meadow in Hakebourne, a toft, 60 acres of land, 6 acres of pasture and 1½ acre of wood in Foxhull co. Berks, and the manors of Beaumys and Hakeneston co. Wiltes, taken into the king's hand by the death of Edmund de la Beche, delivering up any issues thereof taken; as the king has learned by divers inquisitions, taken by the escheator, that the said Edmund at his death held no lands in those counties in chief in his demesne as of fee, but held the premises for life, with reversion to Andrew de Sakevylle the younger, Edmund Dauvers and John Duyn, and that the same are held of others than the king.
May 20.
Westminster.
To Philip de Lutteleye escheator in Salop. Order not to distrain Hugh brother and heir of John Tyrel tenant in chief for his homage, releasing any distraint already made for that cause; as the king has taken his homage. By p.s. [26654.]
The like to the following:
John de Bekynton escheator in Dorset.
John de Evesham escheator in the county of Suthampton.
May 19.
Westminster.
To Walter de Kelby escheator in Lincolnshire. Order to cause Henry de Percy and Joan his wife, daughter and heir of John de Orreby tenant in chief, to have seisin of the lands of the said John her father taken into the king's hand by his death; as she has proved her age before the escheator, and the king has taken the fealty of the said Henry.
To William de Reygate escheator in Yorkshire. Like order, as the said Joan has proved her age before Walter de Kelby.
The like to the following:
Roger de Wolfreton escheator in Essex, Norffolk and Suffolk.
William de Otteford escheator in Cambridgeshire.
William de Fretheleye escheator in Notynghamshire and Derbyshire.
May 16.
Westminster.
To Roger de Wolfreton escheator in Essex. Order not to meddle further with the manor of Reynham called Southalle, taken into the king's hand by the death of Alice who was wife of John de Staunton, delivering up any issues thereof taken; as the king has learned by inquisition, taken by the escheator, that the said Alice at her death held no lands in that county in chief nor of any other in her demesne as of fee, but held the said manor as jointly enfeoffed with her said husband (likewise deceased) of the gift and feoffment of Menaudus de Chesthunte knight to them and the heirs of John, and that the same is held of another than the king.
June 12.
Westminster.
To the chancellor of Ireland for the time being, or to his representative. Order to cause command to be given, by writs under the king's seal used in Ireland, to the ministers to whom they should be given, to cause all the lands in Ireland which Elizabeth who was wife of John de Erlegh tenant in chief at her death held in dower of the heritage of John son and heir of the said John, and which by her death were taken into the king's hand, if not yet to him delivered, to be delivered [to the said John the son], together with the issues thereof taken; as on 13 March in the 36th year of his reign, on the finding of an inquisition, taken at the king's command by John de Bekynton escheator in Somerset, that the said Elizabeth, who died 12 December in the 35th year, at her death held divers lands in that county in dower of the heritage of the said John the son, the king commanded the escheator to cause him to have livery of the same, having at another time taken his homage and fealty for the lands of his said father.
June 12.
Westminster.
To the same. Like order to cause command to be given to cause all the lands in Ireland of John de Erlegh the father tenant in chief, taken into the king's hand by his death, if not yet to him delivered, to be delivered to John his son and heir, together with the issues thereof taken from 18 December in the 28th year of the reign; as on that day the age of John the son was proved, and the king commanded the then chancellor of Ireland to cause him to have seisin of the said lands.
May 26.
Westminster.
To the treasurer and the barons of the exchequer and to the chamberlains. Order, upon the petition of William de Wyndesore, in the said William's account for himself and his men retained for one whole year upon the king's service for furtherance of the war in Ireland, according to an indenture between the king and him made, to deduct 12d. a day for every man at arms, 6d. for every mounted archer, 6d. for every mounted hobbler, and 6d. for three footmen called 'kernes' reckoning three 'kernes' as one mounted archer, for the times of their vacations, and to cause allowance to be made of the payments due to him according to the said indenture for those retained with him; as the said petition shews that he was by the said indenture retained with the king with 120 men at arms and 200 archers, to abide with the king one whole year for the said war, that after the lapse of the first year's term by advice and order of the whole council of Ireland, for better furtherance of the said war and the king's greater advantage, he retained a certain number of men of Ireland called 'kernes' in the room of 70 English archers who were lacking of his said retinue, as may appear by an indenture made between the said council and the said William, and that the treasurer, barons and chamberlains have deferred the allowance of wages to the said William for the men at arms, archers, hobblers and 'kernes' of his retinue for those times, for that in his account in the exchequer for that year are found certain vacations of such men, praying that allowances as aforesaid may be made for such vacations, and that the payments due for such as he retained may be allowed him. By C.
May 28.
Westminster.
To Philip de Lutteleye escheator in Herefordshire and Gloucestershire. Order to cause the third part of the manor of Leye co. Gloucester, taken into the king's hand among other lands which were of John Cofe, to be delivered to Thomas Ralegh of Charles as cousin and heir of the said John, together with the issues thereof taken since John's death, so that answer be made to the king concerning the issues taken before John's death of the said third part, and of all other the lands seized into the king's hand by reason of his idiocy, those excepted which were granted by the king's commission to Thomas de Cotes without rendering anything for the same; as on 1 September in the 32nd year of his reign by letters patent the king granted as aforesaid to Thomas de Cotes the keeping of all the said lands in Westhide co. Hereford, Eggesworth, Leye and Lassyngdon co. Gloucester, lately taken into the king's hand by Henry de Prestwode then escheator for that it was found by inquisitions, before him taken of his office, that John Cofe was an idiot born and non compos mentis, to hold so long as the premises should for that cause remain in the king's hand; and after on the finding of divers inquisitions, taken by the said Philip at the king's command, that a third part of the manors of Lassyngdon, Leye, Westbury and Eggesworth co. Gloucester, and a third part of a fourth part of the manor of Westhyde co. Hereford came to the king's hands by reason of the idiocy of the said John, that John died while they were so in his hand, that the said Thomas Ralegh is his next heir and of full age, and that the said lands are held of others than the king, at the suit of the said heir praying that the king would cause livery to be given him of the third part of the manor of Leye which was in the hands of Gilbert Talbot and Perina his wife, with the issues thereof taken since John's death, on 8 February last the king ordered the sheriff of Gloucester to give notice to the said Gilbert and Perina to be before him in chancery on a set day now past to shew cause wherefore livery thereof ought not so to be given, and to do and receive further what the court should determine, and the sheriff returned that he gave them notice accordingly; and as well the said Gilbert in person as the said Perina by Lawrence de Greyndor her attorney appeared at the day named, and said that they are not tenants of the said third part nor were tenants at the date of the writ, claiming nothing therein.
Membrane 28.
March 23.
Westminster.
To Roger de Wolferton escheator in Norffolk. Order to take a simple seisin in the name of the king's lordship within the gates of the abbey of St. Benet Hulme, now void by the death of William de Hadesco the last abbot, and not to meddle by reason of this vacancy with the keeping of the said abbey, its cells, the manors, property or goods to the same or the cells belonging, suffering the prior and convent thereof to dispose according to letters patent of 29 May 33 Edward I, and restoring to them any issues thereof taken, saving always to the king the knights' fees held of the abbey, advowsons of churches and escheats falling in during the vacancy, also the issues and profits during this vacancy of any lands acquired by the abbot and convent since the said date; as the said king granted to the then abbot and the convent that at every vacancy the prior and convent and their successors should have the keeping of the abbey and the temporalities thereof with all things thereto belonging as fully as the abbot and convent used to have in any times past when his see was filled, saving to the said king and his heirs the fees, advowsons and escheats aforesaid, so that all rents and yearly services of the said fees arising should remain to the prior and convent, and that at the end of every vacancy (namely after fealty done by the abbot elect and confirmed or appointed) such escheats should be delivered to the abbot, prior and convent without let, rendering to the king at every vacancy, if it should last four months or less 200 marks within that time, if longer 200 marks for full four months and for a less time in proportion, so that no sheriff, escheator, bailiff or minister of the king should by reason of any vacancy meddle in the keeping of the abbey and its cells as aforesaid, save that the escheator or other minister of the king for the time being should at the beginning of every vacancy take a simple seisin as aforesaid and immediately withdraw without taking anything away, so that by reason thereof he should not there abide longer than one day nor leave any substitute in his room.
May 26.
Westminster.
To Lionel duke of Clarence the king's son and lieutenant in Ireland, and to the chancellor and treasurer in Ireland. Order to cause all the lands and rents in Ireland of Philippa countess of March, who was wife of Roger de Mortuo Mari late earl of March, taken into the king's hand, among other lands of other lords dwelling out of Ireland, for finding an aid for the defence of their lands in Ireland according to the ordinance, to be delivered to her or to her attorneys to make her advantage thereof; as the king, willing to shew favour to the said countess, has granted her all her said lands without paying any further aid for the same. By K.
May 26.
Westminster.
To the sheriff of Cumberland. Order, of the issues, profits and rents of Karliol castle, to cause defects in the said castle to be repaired up to 63l. by view and testimony of Thomas de Lucy. The king has commanded the said Thomas to survey such defects and testify the costs incurred in that behalf. By C.
May 26.
Westminster.
To the treasurer and the barons of the exchequer. Order to account with William de Wyndesore, who was by indenture lately retained to sail to Ireland upon the king's service with a set number of men at arms and archers, for the money by him received and spent as well for himself and his said men as for the cost of his retinue, his march to the sea and abode there, and his passage to Ireland and again to England, the stock of his horses and the horses of his men at arms, and other matters in the indenture contained, causing him to have due allowance accordingly. By C.
May 19.
Westminster.
To John de Bekynton escheator in Dorset. [Order] to remove the king's hand, and not to meddle further with the lands held at his death by William Carent the father of the manor of Hampsted Mareschal lately in the king's hand, and taken into the king's hand by the death of the said William and by reason of the nonage of William his son and heir, and now in his hand; as William the father held of the said manor by knight service, and William the son has proved his age before the escheator; and the king at another time by letters patent granted the said manor to Isabel his daughter for life with the knights' fees etc. thereto belonging.
May 24.
Westminster.
To the treasurer and the barons of the exchequer. Order to allow Nicholas de Louthe, receiver of the king's lordships of Ponthieu and Montstrolle, in his account at the exchequer from time to time, by view and testimony of the king's controller in the said lordships for the time being, all needful expenses from the time he became receiver as well in repayments of rents, perpetual alms, gifts in fee or for life, wages of officers, bailiffs, collectors, foresters, keepers of castles and manors therein, as for preserving the king's right therein, also all payments he has made and must daily make as well for the works of new building the castle of Crotoye as for repairs of castles, manors, mills and other the houses therein, and allowances by the said receiver made for the king's advantage to farmers and others in their accounts. By K.
May 26.
Westminster.
To the treasurer and the barons of the exchequer. Order to allow the king's clerk Thomas de Brantyngham, treasurer of Calais, in his account at the exchequer from time to time, so much as by his account it shall appear that from the time he became treasurer he has paid or shall pay to the prior and convent of St. Omer of the Carthusian order of the yearly rent of 107s. 3d. which they and their predecessors used to take in the town of Calais time out of mind before the town came into the king's hands. By K.
May 8.
Westminster.
To Richard de Wydeville escheator in Norhamptonshire. Order to assign to Agnes who was wife of John del Hay of Wodeford, tenant by knight service of the abbey of Peterborough lately void and in the king's hand, dower of the lands of her said husband, in the king's hand by his death and by reason of the nonage of his heir, sending the assignment under seal to be enrolled in chancery.
May 14.
Westminster.
To the mayor of the staple of Calais and the community of merchants of the said staple. Order, upon the petition of Robert de Lincoln clerk and William Malwayn, executors of John Malwayn, to cause 24l. to be paid to the said executors, if not yet contented thereof, that therewith they may cause another pair of balances with weights to be made, as they are commanded by the council; as their petition shews that by order of the council they delivered to the said mayor and merchants to their use for weighing wool in the town of Calais a pair of balances with weights made by the said John in his life time by the king's command for weighing wool in the staple of Newcastle upon Tyne, and the said John spent the sum named in the repair thereof.
Membrane 27.
May 27.
Westminster.
To Henry Grene and his fellows, justices appointed to hold pleas before the king. Order, if the process before them has been as alleged, to proceed in the pleas between John duke of Lancastre and Blanche his wife and William de Monte Acuto earl of Salisbury, doing justice between the parties, the allegations of the defendant hereinafter recited notwithstanding, saving always the king's right, bearing themselves so circumspectly and prudently herein that he may not be prejudiced, and not proceeding to rendering of judgment without advising the king; as Thomas late earl of Lancastre on Monday before the Annunciation 15 Edward II, in presence of the late king, was by judgment of his court adjudged to death as a traitor and enemy of the said king and of the realm, and was accordingly beheaded; and after at the suit of Henry his brother and heir, by petition presented in parliament at Westminster assembled on the morrow of the Purification in the first year of the present reign, alleging divers errors in the record and in the rendering of that judgment, the king caused the said record and judgment to come before the lords and commons in the said parliament, and upon examination the same was by the parliament revoked, annulled and adjudged erroneous, and further it was determined that the said Henry as brother and heir of Thomas should be admitted to crave his heritage and to have the same by due process; and now on behalf of John duke of Lancastre and Blanche his wife, cousin and heir of the said Henry brother of Thomas, petition is made to the king for remedy, as the said justices by colour of the said allegations have deferred to proceed with their suit against the said earl by divers writs in that court, by virtue of the said revocation craving restitution of the manors of Aldebourne, Wynterbourne, Ambresbury and Troubrigge co. Wiltes, Caneford co. Dorset, Henstrugge and Cherleton co. Somerset, whereof the said Thomas was seised in his demesne as of fee, and in his life time before the said judgment demised the same to John de Warenna then earl of Surrey for life with reversion to Thomas and his heirs, such reversion being in Thomas at the publication of the said judgment, and which after the death of the said earl of Surrey the defendant entered and now holds; and the said defendant in his pleading has alleged that at the request of the prelates, lords and commons in parliament at Westminster assembled in the 11th year of his reign the king promoted Edward his eldest son to be duke of Cornwall and invested him with the dukedom by girding on his sword, and in the same parliament invested (among others) William de Monte Acuto (father of the said earl) with the earldom of Salisbury by girding on his sword, freely granting to him and his heirs the name and honour (nomen et omen) of earl of Salisbury, and in order that the said William and his heirs might support the charges of that honour gave him 20l. of rent of the issues of the county of Wiltes every year, granting likewise that the castle and manor (sic) of Troubrugge, Aldebourne, Ambresbury, Wynterbourne, Caneford, Henstrugge and Cherleton, held for life by John de Warenna then earl of Surrey and Joan his wife with reversion to the king, should remain to the said William and the heirs male of his body with the knights' fees etc. thereto belonging to the value of 800 marks a year to be held by the service of one knight's fee, in part of 1,000 marks of land and rent whereof the king granted to make provision to him and them, and the king is seised of those services by the hands of the defendant, that for better support of the said honour the king granted to the late earl of Salisbury and to the heirs male of his body 1,000 marks every year to be taken of the issue of the stampage of tin in Cornwall, namely 800 marks until the said castle and manors should come to their hands, and the residue until provision should be made them of other 200 marks of land and rent, so that when they should obtain peaceable possession of the said castle and manors payment of 800 marks should cease, and payment of the residue when provision should be made and they should likewise obtain possession of the said other lands, and the same should revert to the king and his heirs, that at the request of the prelates, lords and commons in another parliament at Westminster assembled, reciting that charter, the king further granted to the said earl of Salisbury and to his heirs the reversion of the said castle and manors with the members, hamlets etc. thereto pertaining, which ought to have reverted to the king and his heirs after the death of the earl and countess of Surrey by virtue of a quitclaim to the king and his heirs made, after the late king caused the same to be taken into his hand, by Alice wife of Thomas sometime earl of Lancastre, daughter and heir of Henry de Lacy earl of Lincoln and of Margaret his wife sometime countess of Salisbury, by reason of the forfeiture of Hugh le Despenser the younger to whom the late king granted the reversion thereof in fee after the death of the said earl of Surrey, and by attornment of the said earl of Surrey to the said Hugh, to hold as fully as the forefathers of the said Margaret ever held the same, and that by another charter the king of his particular knowledge with the assent of the prelates, earls, barons and others of the council confirmed the gift and grants aforesaid, willing that the late earl of Salisbury and his heirs should have and hold the yearly rent of 20l. and after the death of the earl and countess of Surrey the castle and manors aforesaid with the members, hamlets etc., and further for his greater security granting that if by judgment of the king's court or the court of his heirs the premises should after the death of the earl and countess of Surrey be recovered or deraigned or by the king or his heirs without fault of the earl of Salisbury or his heirs put out of their hands, provision should be made them of other lands in recompense to the value of those recovered before they should be ousted therefrom; and thereupon the said now earl of Salisbury has said that the earl and countess of Surrey attorned to the late earl for their services for the said castle and manors, that the earl of Salisbury after died, by whose death the said reversion descended to him the now earl, that after the earl of Surrey died, and the said Joan died solely seised of the said castle and manors, that after her decease he sued writs of diem clausit extremum in the said counties, and it was found before the escheators that she died thereof seised, and that the reversion belonged to him the now earl of Salisbury, and that so he holds the same of the king's grant by virtue of his charters, craving of the king the aid which was to him granted.
May 26.
Windsor.
To Roger de Wolfreton escheator in Essex and Suffolk. Order to cause Henry son and heir of John Helion of Bumstedhelion tenant in chief to have seisin of the lands of his said father; as the said Henry has proved his age before the escheator, and the king has taken his homage and fealty. By p.s. [26663.]
To William de Otteford escheator in Cambridgeshire. Like order, as the said Henry has proved his age before Roger de Wolfreton.
By p.s. [as above.]
May 28.
Westminster.
To John de Tye escheator in Surrey. Order not to meddle further with a message with curtilage in Suthwerk at 'les Stues' taken into the king's hand by the death of Thomas de Ughtred the elder, delivering up any issues thereof taken; as the king has learned by inquisition, taken by the escheator, that the said Thomas at his death held no lands in that county in chief in his demesne as of fee nor in service, but held the premises of others than the king.
Membrane 26.
Record made before the king and all his council in the 39th year of his reign touching certain accusations made to the king.
Memorandum that whereas the king lately appointed Ralph de Brantyngham one of the chamberlains of the exchequer pertaining to the earldom of Albemarle, now for particular causes in the king's hand, and Thomas earl of Warrewyk appointed Richard de Pyryton clerk to the office of the other chamberlain as to him pertained of old time, and the said Ralph and Richard were sworn before the council to behave well and faithfully in those offices, acting lawfully and exercising the same without favour or wrong to any man, and whereas they appointed under them the said Ralph one Ralph de Kesteven clerk and the said Richard one William Wenlok clerk to exercise the said offices as well in the absence as in the presence of the said chamberlains, and the said clerks made oath so to do, in the 38th year of the reign the said chamberlains and Ralph de Kesteven, in the absence of William Wenlok, gave information to the king suggesting that Richard de Chestrefeld clerk, deputy appointed by John bishop of Worcester the treasurer in the receipt of the exchequer, at divers times in divers years there made undue allowances, payments, expenses, receipts and liveries, rasing the rolls thereof and inserting other writing without the knowledge of the said chamberlains and their clerks to whose office pertained the control thereof, without whose presence (as they alleged) such payments etc. might not nor of right ought to be made, and that the king is deceived concerning 1,000l. and more converted to the use of the said deputy and of others of his assent, offering to prove the same, promising the king that he shall have so much or more of the said deputy, and for the king's advantage, that such damage might no longer be done, craving that Richard de Chestrefeld should be examined, should content the king of moneys improperly paid and delivered, and should be punished for an example to others; and they delivered to the king a roll containing the premises article by article, affirming by their oath taken before the king that all in the roll was true, which roll the king delivered to William de Wykham clerk of the privy seal, John atte Lee steward of the king's household, Robert de Thorpe, John Knyvet justices, William de Askeby chancellor of the exchequer, Robert de Plesleye baron of the exchequer, Guy Bryan, John de Blokleye, John de Thorpe warden of the king's money and Gautron de Barde master of the money and to others of the council whom the king by word of mouth appointed to examine with deliberation the articles therein contained in presence of the said chamberlains and clerks and of Richard de Chestrefeld, to hear, set down in writing and determine their statements and declarations touching the premises on the king's behalf and the answers and justifications of the said Richard, and to certify the king thereof. Before whom appeared as well the said chamberlains and Ralph de Kesteven as the said Richard de Chestrefeld, and the cause was heard against him, namely:
(1) That whereas 100,000 marks of the ransom of the king of France was received in money, and the receipt of the exchequer is therewith charged, 917 marks 10s. was by the said Richard received over and above that sum, for which no answer is yet made to the king, nor has the king information thereof, concealing the same from him and appropriating it to the said Richard. To this Richard says that an agreement was made between the king and them of France that the king should take 100,000 marks of gold in French money worth that sum in English gold, as is contained in an indenture produced and in the treaty of peace, adding the condition that they of France should pay 20d. sterling for mintage of every pound by weight and be discharged of the seignorage thereof namely 40d. for every pound, that the 100,000 marks were received according to the covenant in divers moneys of the gold of France which were not so much worth in English money but greatly deficient, that when the seignorage was deducted, the mintage received and paid to divers moneyers to whom it pertained, the said 917 marks 10s. was received as parcel thereof to make up the said sum according to English money for the deficiency and mintage aforesaid, and is included therein, and that over and above that sum answer is made to the king by divers payments made in French money after receipt thereof for a price and value of 1000 marks and more greater than was received; all which was debated before those appointed as aforesaid, and proved.
(2) That the said Richard ought to have received of the king's moneys in the treasury at divers times the following sums, namely 3 March in the 37th year 40 marks, 27 July in the 36th year 100s., 12 May in the 35th year, of the collectors in Essex of a moiety of the tenth and fifteenth granted to the king in the 34th year in aid of the war for expenses of men at arms, 27l. 6s. 11d., for which he took double allowance by one tally levied and rased in the rolls of the receipt, so that it appears that the king lost the clear sum last mentioned, and no answer is made for the two others from another source. William de Wenlok is vouched to approve this article, not meddling in all the others. To this Richard answers that a sum of 59l. 13s. 4d. was assigned to John Wyryng, John Anlak and other seamen appointed for the war at sea to be taken of the said collectors for their wages, and by writ of the king's great seal command was given to the collectors to pay the same to them or their attorneys, that they made the said Richard their attorney to receive the same, which he so did, and gave an acquittance thereof produced in the exchequer by the collectors in their discharge and acknowledged by Richard to be his deed, by which Richard is to answer to the said seamen, as is plain by a record in the exchequer; and he after paid great part to certain of the seamen, and was ready to pay the residue amounting to 27l. 6s. 11d. if he had been by any of them required so to do, but the plague then raging, and no man demanding anything thereof, moved by conscience he delivered that sum into the receipt aforesaid until suit should be made for payment, so that if none of the said seamen should come for payment the king should have the money sooner than any other; and after the said seamen came to the said Richard craving payment, and he contented them, as he was bound to do, without having again the money, causing a tally containing the said sum to be levied for his recompense of the prest aforesaid in lieu of payment, and thereby taking allowance for the same in those prests, and contenting the king of the residue thereof, not admitting any double allowance; and this was found before those appointed by the record of the exchequer and by the proofs.
(3) That when in times of vacation the said Richard passed to his own church and elsewhere upon his own business, he assigned and fabricated before the council cause of going for the king's business, and on 27 July in the 36th year received of the king's gift 10l. for his expenses in going to the northern parts on secret business of the king, and on 17 May in the 37th year 10l. 10s. for expenses towards the northern parts to pay the wages of seamen, where he never paid any such wages, fraudulently converting those sums to his profit. To this Richard says that he is ready to prove by John de Haddon the king's serjeant at arms and other lawful men at divers times appointed to pay such seamen's wages and by his own oath that he was sent by the council to the customers in the ports of Boston and Kyngeston upon Hull for speedy levying and delivering to the said John and others of divers sums for such wages, who paid the same according to their ability as the council commanded them; and this he proved before those appointed by examination and by his oath and other true informations and reasons expressly shewn, which the chamberlains by their declarations might not lawfully gainsay.
(4) That whereas William de Feriby late treasurer of the king's household gave up at the receipt of the exchequer a tally containing 100l. appointed for expenses of the household and not received by him, so that the money was of the king and none other, by a rasure by him made in the rolls of the receipt the said Richard converted that sum to another's use and not to the use and profit of the king. To this Richard says that the said 100l. was by indenture (produced, and acknowledged by William de Manton as his deed) paid by the treasurer to the said William de Manton keeper of the king's wardrobe for expenses of the household; and this was expressly found before those appointed, and the accusation proved unjust.
(5) That whereas William de Farleye late treasurer of the king's wardrobe charged himself in the receipt of the exchequer with 200 marks of the issues and increase of his office which he knew he had received and was chargeable towards the king, and after died in Aquitaine, at the suit of the said William's executors, who rendered his account of his office, the said Richard caused the rolls of the receipt to be rased, and a tally to be levied of that sum, whereby the king lost 200 marks. To this Richard says that the said William paid the money in the receipt of the exchequer, wherefore he must needs have a tally to sue for his allowance or the money would be paid again, and lest that should be, by judgment of the barons of the exchequer a tally was levied in lieu of an acquittance, and was noted of record, and this was before those appointed found to be true by the record.
(6) That whereas it was proved by certain men of the king's court that a letter patent of the king affecting John de Shardelowe, dated in the 14th year and containing 100 marks, ought to have been given again to the king for payment of 10l. only, by procurement of the said Richard with the treasurer full payment of the money was made without the knowledge or assent of the chamberlains, whereby the king lost 85 marks.
Membrane 25.
(7) That by information and procurement of the said Richard two tallies were levied upon the customers of Bristol, one for Adam de Wymondham containing 150l. 7s. 4d., the other for William de Canynges containing 69l. without any remission made to the king or profit taken to his use, for which payments great profit came to the said Richard and others of his assent, which ought to have come to the king and did not.
(8) That whereas for divers causes the king was bound to John de Coloyne in 600 marks and more, and after his death his executors would have pardoned the king a great sum to have an assignment of the residue, by suit made to the said Richard and others of his assent the said executors had full payment without any remission made to the king or profit taken to his use, for which payment great profit came to the said Richard, etc.
To these three articles Richard says that the king owed the said sums and was bound to pay them, and by divers writs which are at the receipt of the exchequer commanded payment to be made, by virtue whereof, and by precept of the treasurer granting payment as his duty was, the same were paid in full, and that by sufficient warrant and controlment of the chamberlains which is of record and cannot be gainsaid, whereby it is clear that they had knowledge thereof, seeing that they controlled those payments; and this was before those appointed proved to be true.
(9) That on the first day when the bishop of Worcester took over the office of treasurer a loan of 212l. was entered in the rolls of the receipt of the exchequer, as if the said bishop had advanced that money to the king, and the said rolls are charged therewith, wherefore by process of time the bishop might claim repayment, and so the king would lose that sum, for that he received none of it to his use. To this Richard says that the entry was inserted by assent of the king's council more speedily to recover so much against the merchants of Malbayn who were bound to the bishop in that sum, whereof the said merchants had nothing of the said receipt, and it could not be turned to the king's loss inasmuch as the merchants were answerable to the king in that sum by a prest charged upon them, and the king by colour of the prest sued the debtors of the said merchants for the money by process in the exchequer, and so recovered a part of it; and that in like manner used it to be done in times past, and was done for Ralph de Brantyngham and many more; and so before those appointed it was found by the premises and by other reasons set forth on either side.
(10) That great numbers of customers of England, by whose hands great part of the king's treasure is received, and the clerks and officers in the exchequer of whom was complaint made in parliament by the commons of England, were removed and appointed by the said Richard and by his procurement with the treasurer and others of the council. To this Richard says that customers, clerks or officers of the exchequer were never by him removed or made, but by the king and all his council; and this was by the council witnessed before those appointed, and that no damage thereby happened to the king, nor did the chamberlains allege nor shew special damage.
(11) That it is notorious that Roger de Chestrefeld and the said Richard are brothers, and to write the rolls and tallies of the receipt of the exchequer severally had in their time Robert de Derby their cousin, and another clerk under him of their country and of their assent, who during all the times of the three last treasurers every day brought rolls and warrants of the great seal and of the privy seal to their own dwellings, wrote tallies and rased rolls at their own will, whereby the king has had great loss and may have in future, the defaults of whom will in times to come more fully appear; for to take rolls of record and writs of warrant out of the place of the receipt was never before heard of. To this Richard says that from the time he was clerk of the treasurer until now he has never written any tallies nor caused them to be written at his lodging or without the place of the receipt, nor rased any rolls, that the rolls may not anywise be written when the court is sitting (sedente placea) at Westminster before noon unless the clerks should be there all day long, which was never heard of; and this was expressly proved before those appointed, as the chamberlains might not gainsay.
(12) That during all the time of two treasurers the said Richard has made all great payments of the king's moneys between him and two tellers of the receipt of the exchequer, who are of his affinity and wear his livery, as well to foreigners as to natives, at the houses of divers customers in the city of London and in the chamber of the receipt with doors closed and sealed, without view and testimony of the chamberlains who ought to have witnessed and controlled every payment, by colour of which payments so made in their absence great damage may have happened to the king. To this Richard says that all payments of the king's moneys are and have been made by precept of the treasurer and by sufficient warrant, that sometimes money to make payments must be borrowed of men in the said city and elsewhere, and payment hastily made as well in the said city as at the treasurer's lodging for divers the king's business and for taking journeys whenever command is given on the king's behalf as well after noon as before, and sometimes by night, or otherwise the king's business would remain without furtherance to his hurt, which may not be derogated because of the chamberlains' absence, and that no special damage is alleged for that cause; and so before those appointed it was found by divers true reasons, which the chamberlains might not gainsay.
(13) That the said Richard informed the treasurer that it would be derogatory to his office if the chamberlains should meddle with him in assignments, payments or other matters whatsoever affecting him, whereof they ought to have had knowledge as well as the treasurer or any other, as appears by statutes and other ancient books of the exchequer, by reason of which information they had not nor might have such knowledge, to the king's hurt. To this Richard says that the chamberlains would have precepts for assignments and payments in the same manner as the treasurer, and so would at their will assign and pay etc., which pertains solely to the office of treasurer and not to their office, and that the treasurer in his time should not suffer the chamberlains so to encroach upon the king to restrict the treasurer's office, inasmuch as the moneys whereof payments are made are solely the king's and none other's, and they ought to be made by the king or treasurer, and nought pertains to the office of chamberlain but to control etc., but he should be pleased that the chamberlains would be present at the time of assignments and payments to do what pertains to their office, and that if it should be otherwise the king might suffer great hurt for the cause aforesaid; and so it was found manifestly before those appointed.
(14) That whereas in the 34th year the moiety of a tenth and fifteenth was granted by the commons of England for wages of men at arms and archers arrayed in defence of the realm against the enemies who landed at Wynchelse, and for its safeguard by sea, it appears by the rolls of the receipt of the exchequer that of the said moiety 1,000 and more is lacking (not mentioning whether 1,000l., 1,000 marks or 1,000d.) for which answer is not made to the king by default of the said Richard to the king's hurt, craving that Richard should render account of the said tenth and fifteenth. To this Richard says that the said moiety was granted in aid of the war, under a condition that the exchequer (whereof the receipt is a part) should not meddle therewith, nor the collectors account or answer there, but for that there was great need of those wages, and the said moiety might not be levied, the king chevised divers sums of his own treasury and paid them for divers counties, commanding divers collectors to pay again in the treasury the sums so chevised, of which sums the king is contented, a small portion only excepted whereof execution of the exchequer is being made of his will that the king lose not his money, as is fully found by record in the exchequer, that account was taken of the said tenth and fifteenth before divers knights by the commons chosen and before Henry de Greystok and Amaury de Shirlond to them joined by the council, to which account the said Richard was no party, nor is he bound to account for the same, and that no default therein may attach to him inasmuch as executions for the king's debts pertain not to him nor to the receipt of the exchequer; and before those appointed this was proved by the record aforesaid and other reasons shewn.
(15) That the said Richard caused a tally under date of the 14th year containing 40l. to be rased, and a new writing put in name of Roger de Chestrefeld his brother, who after had allowance of that sum by the said tally, and so the king lost 40l. To this Richard says that it is not to the king's prejudice to change a tally levied under one name to another name, the sum remaining the same and the first tally being given up, that so it was done in times past and is done day by day, for the king may lose and has lost nothing, and that the change was controlled by the chamberlains, whereto they are parties and should answer etc., nor may they proceed against the enrolment as being parties etc.; and before those appointed this was found manifest, and that the king lost nothing nor might lose.
Membrane 24.
(16) That whereas for long time there was great scarcity of money in the receipt of the exchequer so that for default of payment the king's household and his works in divers places were in great part lacking, the said Richard without warrant or cause assigned advanced divers sums of the king's money to divers merchants and others, namely to Henry de Brusele and Richard Thoky 150 marks, whereof the king is not yet contented nor ever will be, but is to his great hurt put to action by exchequer summons for the same. To this Richard says that he never advanced a penny of the king's to the said Henry and Richard or to any other, but by precept and grant of the treasurer a tally was levied to them of the sum named, and a prest put on them to repay the same to the king on a set day if they should carry wool to parts over sea the custom and subsidy whereof should amount to so much, which sum the king respited for a greater sum by him due to the said Henry, which is expressly found by process in the exchequer, so that the king has lost and may lose nothing; and this was by the said record etc. distinctly found before those appointed.
(17) That the said Richard without warrant or cause assigned advanced to the prior and convent of Southwerk 88 marks of the king's money paid from the receipt of the exchequer, of which the king is not yet contented, nor ever will be without the ruin of the said house. To this Richard says that he never advanced a penny of the king's money to the said prior, but that the said prest was made and entered at the request of the bishop of Winchester for more speedy recovery of divers debts due to the said prior by divers his debtors in the city of London, that he received nothing of the king in the said receipt, and it might not be turned to the king's hurt inasmuch as by the said prest the prior is to answer to the king, and that in like manner it used to be done in times past, and was done for Ralph de Brantyngham; and so before those appointed it was found by divers reasons set forth on either side.
(18) That the said Richard, going to survey the king's works in Risshedon castle, gave to divers workmen 110s., for which he after accounted in the receipt of the exchequer, and received that sum by special precept of the king, no warrant being produced or found. To this Richard says that the wages of the said workmen were in arrear throughout a time of vacation, wherefore they would not abide upon the works there but were minded to withdraw, that the said money was given them by precept of the treasurer, as William de Wykham well knew, lest they should withdraw and the works be hindered, that so used it to be done because of putting in writing (propter abbreviacionem) the men's wages, and that it was not to the king's hurt but to his advantage; and this was proved true before those appointed.
(19) That John de Rouceby says he is charged in the receipt of the exchequer with 30l. which he never received, and that this is because all payments were by the said Richard made without knowledge of the chamberlains and not under their supervision, so that they might not nor can witness whether that sum was paid or no, whence great scandal of the court may arise. To this Richard says that the said John accounted for the said money, charging himself therewith of his own accord, and delivering the particulars to the court, and never made complaint, so that by these particulars being true it appears that he is lawfully charged; and so it was found before those appointed.
(20) That whereas the executors of John de Middelton, late keeper of victuals at Calais, accounted at the exchequer and went away quit, the said executors were after summoned anew, and charged with 500 marks and more, whereof no man could answer nor give information but only the said Richard for that all payments were by himself made, and they contented the king thereof, to their hurt and the scandal of the king. To this Richard says that the executors accounted for the sums wherewith they charged themselves and went away quit, that they ought to have charged themselves with the said 500 marks and did not, for that before his death the said John received that sum and in his life time did not charge himself therewith in his account, nor did they after his death, but concealed the same, wherefore they were summoned the second time to answer and content the king, or to shew cause etc., that the chamberlains controlled the said sum, and approved the charge as lawful, and this they have acknowledged before those appointed, so that it is clear that they had knowledge thereof, and that no wrongdoing may be imputed to him for this cause inasmuch as the king is thereof contented for that the executors might shew nothing for their discharge; and so before those appointed it was found by the record and otherwise.
(21) That whereas the king of his favour, and for discharge of his father's soul who was bound in a certain sum to John de Weston, ordered that the said sum should be paid, the said John might never be contented until he gave the said Richard a jewel price 10l., in contempt of the king's command and to the said John's hurt. To this Richard says that he received nothing of the said John before he was contented of the debt, and after of his own free will John gave him a ring not worth 20s., and called the said John to witness; and this was found by lawful proofs before those appointed.
(22) That the said Richard received of William de Wenlok, clerk of the receipt of the exchequer, a jewel price 24 marks to suffer him to go in his company into the king's presence at Westminster with a bag with the money reserved for the king's chamber, to the scandal of the king. And the said William, being present and examined by those appointed, acknowledged that it was a girdle and not worth 60s., and that he gave it not for any matter affecting his office or the king, but for divers other friendly acts which the said Richard had done him divers times before; and this the chamberlains might not gainsay.
(23) That whereas a yearly sum is assigned to the dean and canons of the college of the chapel of St. Stephen within Westminster palace, whereof the said Richard is canon, the said Richard at one time received 10 marks of his fellow canons and at another time 100s. to aid them concerning the payment of the said sum, which payment notwithstanding he withdrew and confounded. To this Richard says that he is canon of the said chapel and partaker in the said yearly sum, and received the money above mentioned as well of his purparty thereof as of the gift of the dean and canons by their free will without brokage of any kind, and not for the cause aforesaid, and that this was not to the prejudice or scandal of the king; and so it was proved before those appointed.
(24) That the said Richard, for making divers payments and assignments as well to vintners as to other merchants, received of their gift divers tuns and pipes of wine, namely of Walter Forester, John Michel of London, John Wytegod of Suthampton and many more, of which he sold great part to the king's butler (botellarius), craving that the said butler William de Strete, William Glendale clerk of the great wardrobe, Edmund Rose and other foreign officers may be examined upon oath of their suit in this behalf, how much they gave for their said assignments and payments; and that these articles upon their oath made to the king do not contain a sixth part of the concealments, frauds and deceptions which the said Richard and Robert de Derby his cousin have committed in the exchequer and in the king's receipt. And the said butler and many other of the officers aforesaid were examined touching the premises, and by their examination and divers other proofs and justifications of the said Richard before those appointed as aforesaid it was found that this accusation and all the other above recited are false, and ought not to have been published.
Membrane 23.
And when all and singular the premises, as well accusations as answers, were heard, tried and examined before those appointed, and it was found that the king has lost nothing nor might have lost by the allowances, payments, expenses, receipts, liveries, rasures or writings alleged, nor was deceived, defrauded or damaged in any thing in the articles contained, those appointed testified as was first and chiefly commanded them by the king and recorded before the king all and singular the premises, informing him concerning the accusations, answers and proofs made on either side, and that he had taken or might have taken no hurt, but that the said Richard was not guilty of any deception, delivering the roll again to the king that he might set forth and do his will thereof. And the said chamberlains and Ralph being thereof warned, doubting of the king's wrath and further declaring their malice, anger and envy which they had towards the said Richard without cause, alleged the premises to the king a second time, and that favour was shewn to the said Richard herein, suggesting fraud, favour and wrongdoing in some of the council, and craving that the premises should be laid before lawful and discreet hearers other than of the affinity of the said Richard to be by the king appointed to hear and determine the premises in the presence and by testimony of the chamberlains, and to compel the said Richard to account therein; and the king considering their good will ordered them to shew him in writing what should be done, and what remedy or correction might be applied concerning the articles to his honour and profit; and hereupon they delivered to the king of their will and information a roll containing that it appeared to them that the said Richard and Robert de Derby should be removed from their offices, that lawful and discreet hearers should be appointed to hear and determine the premises, that the said Richard should account for all and singular the sums above mentioned, the records of those appointed, and the answers, declarations, allegations, proofs and justifications aforesaid notwithstanding, that he should pay the same again to the king, that the customers, clerks and accountants newly put to serve the king (in whom no default is found) should be removed and others put in their room, that the treasurer should not make payments, receipts, liveries, assignments or aught else affecting his office without the assent, view, will and presence of the chamberlains, that no writing should be done outside the receipt of the exchequer, and that the said Richard and others of his counsel should be punished, so condemning him and others who have no knowledge thereof before the king without fault being found in them, as was expressly found before those appointed and is by them recorded, and informing the king to the end that wrong and vengeance should be done upon his servants without cause, in breach of their oaths. And having heard and understood the premises the king, willing that the truth should be found, sent before all the council the said roll and all other rolls of accusations and replies to him delivered by the chamberlains namely before Simon bishop of Ely the chancellor, John bishop of Bath and Wells the treasurer, William bishop of Winchester, Simon bishop of London, John duke of Lancastre, Richard earl of Arundell, Robert earl of Suffolk, Humphrey de Bohun earl of Hereford, William de Monte Acuto earl of Salisbury, William de Wykeham, Guy Bryan, John atte Lee, William de Skipwyth, Henry de Grene, Robert de Thorpe, John Knyvet justices and others, straitly commanding them to take information concerning the said rolls, and diligently to examine and determine the articles therein contained in presence of the said Richard and of the chamberlains, and to certify him of what they should find. And before the whole council the said articles were read one by one in their presence, the accusations, answers, proofs and justifications heard, and it was found and approved before the whole council, as previously before those appointed, that the accusations were false and ought not to have been published in all and singular the articles thereof, that the king was not deceived or defrauded in anything nor took hurt therein, and that the said Richard was not guilty of any default; and the chamberlains thereupon being asked whether they had more to say, or more accusation to make against the said Richard, or more to declare in the premises, say they have not. And all and singular the premises being by the council recorded for the king, and full information thereof given to him, the king knowing and acknowledging that the said Richard is not guilty of the said false accusations, and holding him therein justified, the premises being fully determined, and having respect to the malice, falsehood and envy of the said chamberlains and their said clerks and to the false accusations and surmises whereof they informed the king contrary to their oaths to the damage of the said Richard and of many more, it was in full council determined by the king and the whole council that the said Richard shall go without a day quit of all the articles aforesaid, and that the said chamberlains Ralph de Brantyngham and Richard de Piryton and all their clerks whom they have set under them to serve the king as well in the exchequer as in the receipt be removed and thrust out from their offices; and the said Richard de Piryton being so removed and his office void, lest the business of the king and people should be delayed for lack of one occupying the same, the king by letters patent under the great seal appointed in his stead John de Newenham clerk during pleasure and until further [order], and instead of Ralph de Brantyngham he likewise appointed William de Mulsho clerk, and nevertheless for particular causes, for the wrongdoings, falsehoods and accusations aforesaid and divers other defaults committed in those offices in the times of the said late chamberlains whereof he is not yet fully informed, and for that it is contained in the statute made in a parliament holden at Westminster in the quinzaine of Michaelmas in the 36th year (sic), that all who by malice should make surmises to the king, their surmises should be sent before the chancellor, the treasurer and the great council, that they should there find security to prosecute the same, and that if the same should be found false or bad those making them should incur the same pain as the accused would have if convicted, the king by John atte Lee his steward gave order to Ralph de Brantyngham and Richard de Piriton forbidding them to withdraw from the city of London until the king should do, determine and order what should to him seem good in the premises, or until further order. And upon suit to the king and council made by the said chamberlains for licence to withdraw until a set time, a day was given them by the king and council under the said prohibition fifteen days from Easter in the 39th year. And within the said Easter term, namely on 27 May, the whole council being gathered together by order of the king to debate and adjudge the premises not yet debated, the said Ralph and Richard de Piryton did not appear, and the said Richard de Chestrefeld appeared, and being asked if he will pursue against his accusers according to the statute, answered that it is sufficient for him that by God's gift the king and council to whom he was defamed hold him justified, and he gives thanks to the king and his most wise council for their just proceeding in the premises, not willing to pursue to vengeance for recovery of damages according to the statute. And the premises being viewed, read and examined, and a statute made at the octaves of St. Hilary in the 38th year being also viewed, wherein is contained (inter alia) that if any man make a plaint to the king and may not by the process in the said first statute limited prove his intent against the defendant, he should be committed to prison there to abide until he content the defendant of his damages and for the scandal thereby endured, and should after make fine and ransom to the king in that behalf, and that the clause in the first statute as to incurring the same pain as the accused should be removed; and after fuller deliberation had touching the premises, it was among the council determined that the said accusers Ralph de Brantyngham, Richard de Piryton and Ralph de Kesteven be taken and committed to the king's prison, there to abide until they shall make to the king fine and ransom according to the statute, saving to the king his action for defaults by the said chamberlains made in their offices whereof he is not yet informed, and as to William de Wenlok, who was not in England when Richard de Piryton, Ralph and Ralph laid their accusations before the king, nor presented himself to prove or pursue them, the second article excepted, but reckoned them as frivolous, fictitious, and of malice set forth, no process is made to punish him, but it is granted by the king and council that he shall go thereof quit.