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Close Rolls, Edward III: November 1365

Pages 148-157

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

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November 1365

Membrane 10.
Nov. 1.
Westminster.
To the treasurer and the barons of the exchequer. Order to view the rolls and memoranda of the exchequer, and if assured by inspection thereof or otherwise that the statements hereinafter contained are true, to stay their demand made by exchequer summons upon Ralph de Hastyng' as well for payment of 120 marks for the wardship of the lands of Hugh Tyrell and the marriage of his heir as for the queen's gold, thereof discharging at the exchequer as well Robert de Herle as the said Ralph, his heirs and executors; as on 4 December in the 34th year of his reign the king committed to Robert de Herle now deceased the wardship of two thirds of the lands of John Tyrell tenant in chief, which were in the king's hand by his death and by reason of the nonage of Hugh Tyrell his brother and heir, rendering to the king so much a year as might be agreed between the treasurer and the said Robert; and after on 3 June following, for 120 marks to be by him paid at the Michaelmas ensuing, the king committed to the same Robert the wardship of all lands of the said Hugh tenant in chief, which were in the king's hand after his death by reason of the nonage of his heir, to hold until the lawful age of the said heir, and the marriage of the heir, without rendering anything further to the king; and later for that the said Robert long before granted and demised to William bishop of Winchester his estate in the wardship of the lands of John Tyrell, and gave up in chancery to be cancelled the king's letters patent thereof to him made, the king by letters patent granted that the said bishop should have the wardship of the lands of the said John [with the issues thereof] taken since John's death until the lawful age of the said heir, and the marriage of the said Hugh, rendering at the exchequer 80l. as well for the marriage as for the wardship; and now on behalf of the said Ralph de Hastyng', cousin and heir of the said Robert, it is shewn the king that, though the lands of Hugh Tyrell contained in the letters patent made to Robert are the same as the lands of the said John who was son and heir of the first named Hugh, the said letters patent were obtained in error and without the knowledge of Robert, and no other lands of Hugh and John came to Robert's hands of the king's grant, the treasurer and barons are unlawfully distraining the said Ralph in the lands of the said Robert for payment as well of the 120 marks aforesaid as of the queen's gold, whereupon he has prayed for remedy. Proviso that answer be made to the king for the said 80l. for wardship of the said John's lands and for the marriage of his heir, and for the queen's gold.
Nov. 6.
Westminster.
To William de Otteford escheator in Bedfordshire, Bukinghamshire, Cambridgeshire and Huntingdonshire. Order in the name of the king's lordship to take a simple seisin within the gates of Thorney abbey, now void by the death of brother William de Haddon the last abbot, and not to meddle with the said abbey, its cells, manors, lands, goods, chattels or possessions, taking or carrying away nought, but suffering the prior and convent freely to dispose thereof as they shall see best, according to the king's letters patent of 27 May in the 22nd year of his reign, granting to the last abbot and to the prior and convent of Thorney that at every vacancy of the abbey by death, cession, resignation of the abbot or otherwise the prior and convent and their successors should have the keeping of the abbey and the temporalities thereof, with all goods and property thereto belonging, as fully as any abbot ever had, or as the king ought to have if he kept the same in his hand, saving to the king the knights' fees and advowsons of churches during a vacancy, rendering at the exchequer for every vacancy if it should last four months 40l., and if longer pro rata, so that no sheriff, escheator, bailiff or minister of the king should by reason of such vacancy meddle with the keeping of the abbey, or of the cells, manors, granges, property or goods thereto belonging, except that in the beginning of every vacancy the escheator or other minister of the king should take a simple seisin in form aforesaid, and immediately depart without taking or carrying aught away with him, so that he should not there abide longer than one day nor leave any substitute in his room. Proviso that, unless other command be given in the mean time, the keeping of any lands acquired by the said abbot and convent since the date above mentioned shall during this vacancy remain in the king's hand.
The like to the following:
Richard de Wydevylle escheator in Norhamptonshire and Roteland.
John de Tye escheator in Middlesex.
John de Wyndesore escheator in Warwickshire.
Walter de Kelby escheator in Lincolnshire.
Membrane 9.
Nov. 22.
Westminster.
To the sheriff of Northumberland. Order to survey the defects in houses, walls, towers and turrets in the castle of Newcastle upon Tyne, and to cause the same to be repaired by view and testimony of Robert de Thyngden chaplain of the king's chapel therein, taking carpenters, masons and other craftsmen and labourers as many as need be, within liberties and without, and putting them upon the works there at the king's wages; as the king has learned that such defects are many, and the need of repair great. By C.
[Fœdera.]
To the treasurer and the barons of the exchequer. Order, upon the petition of Henry del Strother sheriff of Northumberland, to view the king's two writs under the great seal to the said sheriff addressed, commanding him to cause John Heroun knight and Thomas Rydell, lately for particular causes arrested and imprisoned in the castle of Newcastle upon Tyne, to be taken to Knaresburgh castle and delivered to the constable thereof, and the indenture made between the said sheriff and constable, and to allow the said sheriff in his account such reasonable sum as by his oath they shall be assured that he has laid out in bringing the said John and Thomas thither, taking of him the writs and indenture aforesaid; as his petition shews that the said sheriff caused them so to be brought and delivered to the constable, praying allowance of his costs so incurred.
Membrane 8.
Nov. 4.
Westminster.
To Lionel duke of Clarence the king's son and lieutenant in Ireland, and to the treasurer and the chamberlains in Ireland. Order to cause the offices of the escheatorship and the keeping of measures in Ireland, seized into the king's hand by virtue of his late command, to be delivered to Richard de Stury to whom the king by letters patent committed the same, or to his attorney, suffering the said Richard to hold those offices, exercising them by himself for his attorney, and taking the issues and profits according to the king's letters patent, ordinances or commands whatsoever to the contrary notwithstanding, restoring to the said Richard without delay anything by them levied or taken of the said offices, although the king lately commanded them to seize into the king's hand all lands, rents and offices of those abiding out of Ireland and not there residing, so that the issues and profits thereof arising should be reserved for the expenses of furthering the king's wars in Ireland for the safety and defence thereof; as the king would shew special favour to the said Richard, who is abiding continually in his service. By K.
To the treasurer and the chamberlains of the exchequer of Ireland. Order, upon the petition of the king's clerk John de Troye, treasurer of Ireland, to account with him concerning his fee for that office, the wages of three men at arms and six archers in his retinue, and their reward, and to cause what they shall find due to him since 24 October in the 38th year of the reign to be paid, or due assignment and satisfaction to be given him; as lately learning that the court (placea) of the said exchequer was held at Catherlagh, which is almost on the frontier of the rebel Irish where was no safe access for the king's lieges of Ireland, whereby the treasurer had oftimes to remove to divers parts of Ireland to levy the king's debts, and to join the company of Lionel duke of Clarence the king's son and lieutenant in Ireland in his progresses, on the date above mentioned the king by letters patent granted the said John, whom on 5 September then last he appointed treasurer in Ireland, that he should retain in his company at the king's wages the men at arms and archers aforesaid for the protection of his person during the time that he should stand in that office, if the war in Ireland should last so long; and now the said John has prayed the king for payment of the fee, wages and reward aforesaid from the date of the said letters patent, having regard to the loss he has suffered in the king's service, as after receipt of the said letters patent, while crossing the sea from England to Ireland, he lost at sea by a storm horses to the value of 100 marks, cloth, furring, coffers and all else that he then had to no small value; and the king is fully informed by Robert de Assheton chancellor of Ireland that the said John suffered that damage while crossing the sea. By K.
Dec. 17.
[Kings] Langley.
To J. archbishop of York. Whereas lately the archbishop his predecessor by command of the late king in the 12th year of his reign, for great and pressing causes which were then and yet are threatening, with assent of the suffragans, chapters and clergy of his province, for the advantage, peace and relief of the king's subjects toward those parts, appointed and laid a new taxation upon the benefices of the province, especially within the dioceses of Durham and Karlisle and in the archdeaconries [of Richemund] and Cliveland of the diocese of York, whereby the tenths and subsidies granted to the king by the popes and by the clergy of the province and laid upon the said clergy by the popes in time past were demanded, collected and levied and the king and popes were contented, and likewise in payments of first fruits reserved to the pope's chamber was the said new taxation accepted and approved in the court of Rome without contradiction, nevertheless William de Dalton clerk, not considering the prejudice that might happen to all the clergy by the approval of the ancient taxation and the annulment of the new one, has sued until he has obtained two definitive sentences touching the ancient taxation, which exceeds the new taxation by a great deal, notwithstanding that in all causes ventilated in like manner in the court of Rome in times past, from the imposition of the new taxation until the present controversy, sentences have been adjudged in favour of the new and against the ancient taxation, to save harmless the clergy towards the said parties, who would be unbearably charged if the ancient taxation were running and the new taxation used for 40 years and more were annulled, and to resist the loss which might probably arise, especially by the excessive carrying of treasure out of the realm according to the ancient taxation, which would amount to twice as much as in past times: order to assemble together before the archbishop as speedily as may be at a day and place to be by him appointed the abbots, priors, archdeacons, deans, rectors, vicars and other beneficed clerks of the archdeaconries of Richemund and Cliveland whom the business may concern and whose presence is needful in the case, to cause the premises to be laid before them on behalf of the king and the archbishop, charging them by mature deliberation to inform themselves concerning the prejudice that may happen by annulment of the new taxation, and what remedy is to be applied, and warning two or three fit persons of those archdeaconries having full powers from the clergy to draw toward the king and council at Westminster so as to be there in the quinzaine of St. Hilary next, to report the advice and deliberation of the said archbishop and clergy touching the premises and that which hangs thereupon, and to inform the king and council concerning the whole business, so that information had by deliberation of the learned of the council the king may order what shall seem best for the advantage and peace of his subjects against these subtle inventions contrived to defeat the said new taxation. By p.s. [26807].
Et erat patens.
[Fædera.]
To Th[omas] bishop of Durham. Like order, mutatis mutandis.
The like to Th[omas] bishop of Karlisle.
[Fædera.]
Dec. 6.
Westminster.
To the treasurer and the barons of the exchequer. Order to cause Guy de Boys late sheriff of Essex and Hertford to be discharged at the exchequer of 40l. of the arrears of his account for the time that he was sheriff, so that he answer for the residue thereof; as the king of his favour has pardoned him that sum. By K.
Membrane 7.
Nov. 23.
Westminster.
To the sheriff of Northumberland. Order to cause 20 marks for the last year's maintenance of Joan who was wife of Thomas de Heton, imprisoned in the Tower of London for particular causes, to be levied of her lands and chattels and delivered to Thomas de la Vache, lieutenant of Richard de la Vache keeper of the said Tower, taking his acquittance. By K.
Nov. 24.
Westminster.
To John de Norffolk the king's searcher in the town of Calais. Order to dearrest and deliver to Peter Provan and William le Venoure of London certain wool of theirs by him taken into the king's hand; as the king ordered the said searcher to certify in chancery the cause wherefore the same was by him taken, and he certified that he arrested it as forfeit for that it seemed to him to weigh more than in the letters of cocket, whereof he sent a copy with his certificate; and after viewing the copy of the said letters, made at Kaermerdyn in Wales under the seal of Edward prince of Aquitaine and Wales, it seems to the council that the wool is of Wales, the forfeiture whereof would not pertain to the king, if any forfeiture ought to be made.
Nov. 25.
Westminster.
To Leo de Perton escheator in Worcestershire. Order to cause John de Herle and Elizabeth his wife, daughter and heir of Robert Wyard and cousin and heir of John Wyard tenants in chief, to have seisin of the lands of the said Robert and John Wyard taken into the king's hand by their death; as the said Elizabeth has proved her age before the escheator, and the king has taken the fealty of John her husband for the said lands.
To John de Evesham escheator in Oxfordshire. Like order, as the said Elizabeth has proved her age before Leo de Perton.
Nov. 12.
Westminster.
To Richard de Wydeville escheator in Norhamptonshire. Order to remove [the king's hand], and not to meddle further with a messuage, two thirds of 40 acres of land, 3 roods of meadow in Irtlyngburgh, a messuage, two thirds of 80 acres of land, and 3 acres of meadow in Raundes, delivering to Joan late the wife of William son of William le Botiller of Hardemede any issues thereof taken since her husband's death; as the king lately ordered the escheator to certify in chancery the cause wherefore the lands of the said William the son and Joan in Irtlyngbourgh and Raundes were by him taken into the king's hand, and he returned that he so took the premises for that it was found by inquisition, before him taken of his office, that the said William was taken and indicted for divers felonies before Henry Grene then chief justice at Westminster one month after Easter in the 37th year of the reign, and was as a clerk convict delivered to the abbot of Westminster the ordinary, and that the premises are held of others than the king; and by certificate of the said abbot, sent into chancery at the king's command, it is found that the said William, who was to him delivered as aforesaid according to the benefit of clergy, on 12 May in the 38th year died a natural death in the abbot's prison of Westminster.
Membrane 6.
July 16.
Westminster.
To the collectors of customs in the port of Newcastle upon Tyne. Order, upon the petition of Lawrence de Spense and other merchants of Scotland, if assured that the facts stated in their petition are true, to suffer the said merchants to take their wool laded in two ships called la Seint John of Lescluse, John White master, and la James of Lenne, Thomas Hervy master, and the residue of their goods salved, in the said ships or other ships from the said port to Flanders without payment of custom and subsidy; as the said petition shews that they laded a ship at the town of St. John Pert in Scotland with wool, hides, woolfells and other merchandise of the growth of Scotland to take them to Flanders, and there customed the same, that the said ship in its voyage thither at sea was by a storm wrecked at Whitbernes within the bounds of the said port, that the merchants and seamen escaped alive to land, that some of those goods are cast ashore and salved, and that 10 sacks and 20 cloves of wool thereof in the hand of Ellis Tirwhit attorney of the petitioners are laded in la Seint Johan, and 15 sacks and 2 cloves of wool in la James, and the residue so salved remains yet in the keeping of the said Ellis. Proviso that wool, hides, woolfells or other merchandise of the growth of England shall not by colour of this command be taken over to foreign parts in the said ships. By C.
Oct. 26.
Westminster.
To the mayor and bailiffs of the town of Newcastle upon Tyne, and the collectors of customs in the port thereof. Order, upon the petition of William bishop of St. Andrews and other envoys of Scotland who have now for particular causes come to the king, to dearrest a ship laded with goods of merchants of Scotland by them arrested and the goods therein, suffering the master and seamen thereof freely to pass therewith whither they will without payment of custom if, as the petitioners allege, the said ship touched at that port for fear of a storm, and none of the goods have been there unladed or exposed for sale; as the petition shews that the mayor, bailiffs and collectors are demanding 3d. a pound of the said goods, and are unlawfully detaining ship and goods under arrest until the money is paid.
The like, mutatis mutandis, to the mayor and bailiffs of Berewic upon Twede.
Nov. 4. To the treasurer and the barons of the exchequer. Order to stay their demand made by exchequer summons upon the prior of Burstall, an alien of the power of France, for arrears of the farm of his lands, or for the apport which he was bound to make to his superior house in France, for the time the said lands were in the hand of the late king or of the now king by reason of the war between the late king and the then king of France, discharging him thereof; as on 4 February in the first year of his reign the king rendered to all the alien religious of the power of France all their lands, fees, advowsons, goods and chattels taken into the king's hand for the cause aforesaid and to them committed for set farms, pardoning them the arrears of such farms.
Nov. 25.
Westminster.
To Philip de Lutteleye escheator in Gloucestershire, Herefordshire, Salop and Staffordshire and in the march of Wales adjoining. Order, if the advowson of the abbey of St. Augustine Bristol, now void it is said, pertains to the castle, town and barton of Bristol, to remove the king's hand, and not to meddle further with the lands to the said abbey pertaining, delivering up any issues thereof taken; as the king by letters patent has granted to Queen Philippa in dower or otherwise for life the said castle and town with the barton there together with the knights' fees, advowsons of abbeys, priories, churches and chapels etc. thereto pertaining.
Nov. 2.
Westminster.
To Richard de Wydeville escheator in Norhamptonshire. Order to cause Thomas son and heir of John de Braunfeld, tenant by knight service of the king as of the fees of Chokes which are in his hand, to have seisin as well of the lands which his said father held in his demesne as of fee as of those which Joan who was wife of his said father held in dower or otherwise for life of his heritage, and which by their death are taken into the king's hand; as the said Thomas has proved his age before the escheator, and the king has taken his homage and fealty for all the lands aforesaid. By p.s. [26772.]
Nov. 25.
Westminster.
To Philip de Lutteleye escheator in Gloucestershire etc. Order to remove the king's hand, and not to meddle further with the lands of the abbey of St. Augustine Bristol (as above).
Membrane 5.
Nov. 15.
Westminster.
To Lionel duke of Clarence the king's son and lieutenant in Ireland, the justiciary of Ireland, and the justices appointed to hold pleas in Ireland following the said lieutenant. Order to view a record and process which the king is sending them, to call before them with all speed the king's justices and serjeants of Ireland and others of his council whom they shall see fit, and cause inquisition to be made of the truth touching the matters hereinafter recited, sending the inquisition so made to the chancery of England under the seal used in Ireland, and sending again this writ; as lately, on the finding of an inquisition taken at the king's command by Nicholas de Bekenesfeld late escheator in Ireland and returned in the chancery of England, that John Mautravers the younger at his death held for life the manor of Rathgell co. Lymerik in chief by knight service of the demise of John Mautravers the elder with reversion to the said John the elder and to his heirs, at the suit of the said John the elder in chancery in the octaves of the Purification in the 37th year of the reign, alleging that the said manor is held of the countess Dessemund as of her manor of Inskisty and not in chief, the king sent the record and process of the business to be debated before the justices appointed to hold pleas following the said justiciary, for that it was before him alleged as aforesaid that the same is held of the king, and was without the king's licence aliened by the said John the elder to the said John the younger for life, and in the mean time by letters patent committed the keeping thereof to John the elder according to the statute, so that he should answer at the exchequer of Dublin for the issues or the value thereof if it should be adjudged that the said manor or the keeping thereof ought to pertain to the king; and now on behalf of John de Keynes knight and Joan his wife one of the cousins and heirs of John Mautravers the elder, John Darundell and Eleanor his wife the other cousin and heir, and Agnes who was wife and is executrix of the said John the elder, petition is made to the king to send the said record and process (given up to the king in chancery under his seal by the said heirs) to be debated in the court of Ireland before the lieutenant, justiciary and justices aforesaid, and meantime to stay the distraint made upon the said Agnes to render an account in the exchequer of England of the said issues or value for the time the manor was in the hand of John the elder by the king's said commission, as John the elder died before he could come to Ireland for execution, and after his death the manor is taken into the king's hand and the said Agnes by exchequer summons is distrained as aforesaid. The king has commanded the treasurer and the barons of the exchequer of England to stay until Michaelmas next their distraint made by exchequer summons upon the said executrix to render account there.
Nov. 24.
Westminster.
To Leo de Perton escheator in Worcestershire. Order not to meddle further with a messuage, one carucate of land and 30s. of rent in Little Sapy taken into the king's hand by the death of Elizabeth who was wife of William Pychard, delivering to Walter son and heir of Hugh de Cokeseye any issues thereof taken; as it is found by inquisition, taken by the escheator, that the said Elizabeth at her death held no lands in that county in chief in her demesne as of fee nor in service, but held the premises for life of others than the king, with remainder to the right heirs of the said Hugh, whose heir was then a minor in the king's wardship; and on 10 July last the age of the said Walter was proved, the king took his homage and fealty, and commanded livery to be given him of his father's lands.
Dec. 5.
Westminster.
To Roger de Wolfreton escheator in Norffolk. Order to cause William son and heir of John de Ulveston tenant in chief to have seisin of the lands of his said father taken into the king's hand by his death; as he has proved his age before the escheator, and the king has taken his homage and fealty. By p.s. [26797.]
Dec. 16.
Westminster.
To all and singular the canons and chapter of York, and others to whom etc. Whereas lately, for urgent causes affecting the king and realm, the king by divers letters commanded his clerk Master John de Branketre treasurer and canon of the said church, notwithstanding his residence there begun and for some time continued, to repair to the king and council in London to do what should there from time to time be ordered, and thenceforward to abide upon service of the king and commonwealth so long as need be; and whereas the said clerk was continually on the said service from 15 October last, on which day he departed from the city of York for that cause as the king has learned, coming to London on the Monday after, and will so be until after this date he shall return to the church of York to resume and complete his residence; and whereas it is contrary to reason that the said clerk should take hurt or loss by reason of the king's service, which ought to bring him advantage and honour; and whereas the king and his forefathers ever had a special prerogative that all beneficed clerks of whatsoever estate even if of pontifical dignity being on the king's service should take the fruits, rents and proventions of every their benefices in whatsoever churches or places the same were as fully as if in residence, which prerogative the king has heretofore used and purposes to use in future so often as he shall need the ministry and service of such clerks: order, upon their allegiance, to reckon in the said clerk's great and first residence, which he began, all the time that he was absent from the church of York upon the service of the king and commonwealth, and to allow him the same as if he had been in residence the whole time, taking from him no advantage of residence by reason of such absence, or laying upon him no blame or hurt, but dealing graciously with him as they would escape the king's wrath, knowing assuredly that the king's purpose is in his right as king and patron of the said church to exercise his said prerogative in the person of the said clerk, the statutes and customs of their church to the contrary notwithstanding, whereto the king will not be subject, nor suffer his dignity and prerogative to be restrained. Dated Westminster palace, 16 December, under the great seal. By K. and C.
Et erat patens.
Nov. 20.
Westminster.
Order to the sheriff of Essex to cause a coroner to be elected instead of John Viel, who is dead.
Nov. 4.
Westminster.
Order to the sheriff of York to cause a coroner to be elected instead of Thomas de Lokton, who is insufficiently qualified.
Nov. 3.
Westminster.
Order to the sheriff of Cantebrigge to cause a coroner to be elected instead of William Pertrich, who is dead.
Nov. 12.
Westminster.
Order to the sheriff of Norffolk to cause a coroner to be elected instead of Thomas son of John Rightwys of Bishops Lenne, who is dead.
Nov. 14.
Westminster.
Order to the sheriff of Warrewyk to cause a coroner to be elected instead of Alexander de Bercheston, who is insufficiently qualified.
Dec. 18.
Westminster.
Order to the sheriff of Oxford to cause a coroner to be elected instead of John Crouk, who is dead.
Nov. 24.
Westminster.
To the sheriff of Northumberland. Order to cause 20 marks to be levied for the maintenance of Joan who was wife of Thomas de Heton, imprisoned in the Tower, and to be delivered to Thomas de la Vache (as above, p. 152, where the date is Nov. 23). By C.
Nov. 14.
Westminster.
To John Knyvet and his fellows, justices appointed to hold pleas before the king. Order to stay altogether until further order the processes touching presentments or inquisitions begun before Henry de Grene and his fellows, late justices, concerning purprestures, enclosures, works (manuopera) and obstructions made by Lionel de Bradenham in the arms of the sea and waters hereinafter mentioned, concerning which a judgment was given before Robert de Herle late the king's admiral; as on the finding of divers inquisitions, taken before the said admiral, that the said Lionel and others made divers purprestures, stoppages and obstructions by raising weirs, driving stakes, enclosures and other works in the arms of the sea, waters and fleets of the Swyn, Southgedeneye, Parrokflete and Skybhoke and in other waters flowing down to the port of Colcestre, it was by due process lately decided before the said admiral that all such stakes, enclosures, weirs and works should be drawn out and altogether removed, so that henceforward no man should make any in the said port, waters or arms of the sea against his own land or elsewhere further than he may depasture his cattle upon his own soil, as is found by the record and process which the king has caused to come before him in chancery; and now the king has learned that divers presentments and inquisitions touching the same were made before the said late justices, certain persons suing for the removal thereof, and the king's will is that the judgment given by the said admiral shall remain in force.