BHO

Close Rolls, Edward III: July 1366

Pages 229-244

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

This free content was digitised by double rekeying. All rights reserved.

Citation:
Please subscribe to access the page scans

This volume has gold page scans.
Access these scans with a gold subscription.Key icon

July 1366

July 11.
Westminster.
Order to the sheriff of Essex to cause a verderer in the forest of Waltham to be elected instead of John Hert, who is insufficiently qualified.
July 8.
Westminster.
Order to the sheriff of York to cause a coroner to be elected instead of Gerard Brunby, who is insufficiently qualified.
July 5.
Westminster.
Order to the sheriff of Oxford to cause a coroner to be elected instead of Walter atte Halle of Adderbury, who is insufficiently qualified.
July 16.
Westminster.
Order to the sheriff of Bedford to cause a coroner to be elected instead of Robert Carbonell, who is dead.
July 20.
Westminster.
Order to the sheriff of Cumberland to cause a coroner to be elected instead of John de Ireby, who is insufficiently qualified.
Membrane 19.
June 16.
Westminster.
To John de Olneye escheator in Huntingdonshire. Order not to meddle further with the moiety of the manor of Botulvesbrugge taken into the king's hand by the death of Margaret who was wife of Simon de Drayton and by reason of the nonage of John son and heir of John Paynel of Botheby knight; as by the tenor of the record and process of a cause between the king and John Gymeges of Stacheden, whether the said moiety, lately held for life by the said Margaret with reversion to the said John son of John then within age, was held in chief by knight service or of the said John Gymeges as mesne lord, which record the king caused to come before him in chancery, it is found that John Paynel the father held the same by knight service of John Gymeges father of the said John Gymeges of Stacheden and not in chief, whereby it was determined that John Gymeges should be restored to his seignory in regard to the services and customs to him due of old time from John Paynel and his ancestors, and likewise that the said moiety should remain in the king's hand until the lawful age of John Paynel for that it came to the king by reason of his nonage before John Gymeges did his homage; and now John son of John Paynel has proved his age before Walter de Kelby escheator in Lincolnshire, and the king at another time has taken the homage of John Gymeges the son, and has commanded livery of his heritage to be given him.
The like to the sheriff of Huntingdon.
July 15.
Westminster.
To John de Olneye escheator in Bukinghamshire. Order to deliver to Edmund de la Pole and Elizabeth his wife, second daughter of Richard de Haudlo and sister and one of the heirs of Edmund de Haudlo his son and heir, to her purparty, the manors of Borstall, Ocle and Adyngrave, lands in Brehull and rents in Astclaydon, Botclaydon, Middelclaydon and Hykford all parcel of the manor of Borstall, and the bailiwick of the forestership of Brenewode, with all lands of their heritage as well in demesne as in lordships and reversions in Bukinghamshire, the knights' fees and advowsons thereto pertaining, and the issues of the same taken by the escheator; as on 30 November in the 35th year of his reign, of the lands of the said Richard and Edmund de Haudlo tenants in chief, and of those held in dower or for life by Isabel who was wife of the said Richard of the heritage of his heirs, the king assigned to the said Edmund and Elizabeth to her purparty the manors of Tremworth, Vanne, Crondale with the advowson and a rent in Canterbury and Welde, Haudlo, Wynchecombe, Ore and Assheden and all other lands etc. of that heritage in Kent, the manor of Chadlynton called Shipenhull, a messuage and 3 acres of land in Hedyndon co. Oxford sometime of Alan Hobbes, and the reversion after the death of Alice who was wife of Edmund de Haudlo of the manors of Colne Seint Aldewyne, Hatherop and Wyke co. Gloucester at that time held according to the form of the partition by John de Appulby and Margaret his wife the other sister and heir of the said Edmund during the life of the said Alice, and to the said John and Margaret to her purparty the manors of Borstall, Brehull, Claresplace, Hokkele and Adyngrave, a rent in Hasteclaydon, Middelclaydon and Botclaydon, the whole rent of Upton and Hykford, the bailiwick of the forestership of Brenewode and all lands etc. in Bukinghamshire, all lands in Muswell and Thomell, the manor of Hedyndon with the bailiwick of the forestership of Shotore and Stouwode co. Oxford, one messuage and 3 acres of land sometime of Alan Hobbes in the manor of Hedyndon and the manor of Chadlyngton called Whaull in that county excepted; and for that the king by process in chancery recovered against the said Edmund de la Pole and Elizabeth the manors of Tremworth and Vanne the said rent in Canterbury, and the advowson of Crondale, and the said John and Margaret were adjudged to content them for a moiety of the lands so recovered, the said Edmund, Elizabeth, John and Margaret by common assent surrendered into the king's hand all the lands to them assigned except those in the king's hand by the said recovery, praying that a new partition should be made, and by their common assent the king has assigned to the said Edmund de la Pole and Elizabeth to her purparty the manors, lands, rent and bailiwick aforesaid in Bukinghamshire, the manors of Muswell, Thomell and Hedyngton with the bailiwick of the forestership of Shotore in Oxfordshire (except the above mentioned tenement in the manor of Hedyngton sometime of Alan Hobbes and now void and unoccupied which is of the purparty of John and Margaret) with the knights' fees and advowsons thereto belonging.
The like, mutatis mutandis, to John de Evesham escheator in Oxfordshire concerning the manors of Muswell, Thomell and Hadyngton with the bailiwick of the forestership of Shotore, except a messuage and 3 acres of land in the manor of Hedyngton which were of Alan Hobbes.
To Philip de Lutteleye escheator in Gloucestershire. Like order, mutatis mutandis, to deliver to the said John and Margaret, to her purparty, all lands, meadows, rents and services in Colne, Hakthorp and Wyke; as the king has assigned to them the manors of Chadlyngton and Shepenhull with all lands, meadows, rents and services etc. in Wahull and Kadlesham co. Oxford which are parcel of the manor of Chadlyngton, a messuage and 3 acres of land in Hedyngdon co. Oxford except the services thereof due, all lands, meadows, rents and services etc. in Colne, Hacthorp and Wyke co. Gloucester, the manors of Ore, Assheden and Haudlo with lands, rents and services etc. in Wynchecombe, Ore, Assheden and Haudlo co. Kent which were of the said Richard, Edmund de Haudlo and Isabel.
The like to John de Ty escheator in Kent, concerning the manors of Ore, Asshedon and Haudlo, with lands, rents and services etc. in the towns of Wynchecombe, Ore, Assheden and Haudlo.
Membrane 18.
June 20.
Westminster.
To the treasurer and the barons of the exchequer. Order to stay their demand made upon John de Stodeye, Richard Blake and John de Wylyngham for 42 tuns of wine to the king's use, discharging them thereof; as on 11 February in the 34th year of his reign the king by letters patent appointed the said Richard and John de Wylyngham jointly and severally to make search upon singular the sea coasts within the counties of Kent and Essex for 138 tuns and one pipe of wine of the king's own wines, marked with the marks of divers merchants of whom they were bought, and laded in a ship called la Kateryne of Wynchelse, which wine the king lately ordered to be taken to parts over sea, unladed in certain places and put in cellars, and the said ship at sea on its voyage thither was by a storm broken and imperilled off the said coast, and great part of the said wines were cast up on land, appointing them also to arrest and safe keep to the king's use until further order all wines so cast up marked with any mark whatsoever which by their search might be found; and after on behalf of the said Richard and John the king learned that, though by their search they found 42 tuns of the said wines and delivered the same to John de Stodeye then the king's butler to his use, and though the said butler accounted for them in his account in the king's wardrobe, as by the account may appear, the treasurer and the barons are purposing therewith to charge the said Richard and John de Wylyngham in their account at the exchequer, wherefore he commanded them to view the account rendered in the wardrobe by John de Stodeye, which is in the exchequer, and if thereby they should find that he received the said 42 tuns of the said Richard and John de Wylyngham as aforesaid, charged himself therewith, and accounted for the same, to stay their demand upon the said Richard and John de Wylyngham for the said wines, discharging at the exchequer both them and John de Stodeye, and if there should be cause why they ought not so to do, to certify the same in chancery; and the treasurer and barons certified in chancery that they had not proceeded to the discharge of John de Stodeye for that he did not account in the exchequer concerning his butlery nor is his account in their hands, but he accounted with William de Farle late keeper of the wardrobe, who accounted in the exchequer concerning the wardrobe, and the said William in his account charges himself with divers sums of money received by the said butler's hands as the price of divers wines received of divers men upon the expenses of the household, making no express mention of the said 42 tuns, nor giving particulars of the tuns of the said wines or the names of those from whom the same were bought or received; and Thomas de Brantyngham the king's clerk then cofferer of the household, who began to engross the said account of William de Farle and before the same was ended was sent on the king's service to the parts of Calais, John de Uppyngham the king's clerk then clerk of the said William and now one of the auditors of the exchequer, who engrossed the said account after the departure of the said Thomas, and William de Humberston the king's clerk one of the clerks of the household, who was with the said William de Farle at the rendering of his account, as they say, have severally witnessed before the king that, among other particulars which upon his account of the butlery John de Stodeye delivered to William de Farle, they saw particulars of the 42 tuns aforesaid, and that the said butler charged himself with them and accounted for them, and John de Stodeye has sworn upon the gospels that he did so.
Sept. 10.
Havering [atte Bower].
To the chancellor and treasurer of Ireland for the time being, or to their representatives. Order to summon to them the king's justices, serjeants and others of his council in Ireland, the guardian of the lands of the heritage of the heir of Roger de Mortuo Mari, and others who ought to be so summoned, to hear the plaint of Robert de Clynton knight and John de Clynton his son and the reasons and allegations to be set forth as well for the king and the said heir as for the said Robert and John, to take information on the matter by inquisitions and otherwise as shall seem best, and further to proceed to final debate of the business, doing speedy justice to the parties, and if the said Robert and John shall find sufficient men willing to mainpern for them to answer to the king at the exchequer of Ireland for the true value of the manors of Novan and Ardsallagh from the death of William Nongle in case it be determined that the same ought to pertain to the king in name of wardship or otherwise, upon sight of these presents to deliver by such mainprise to the said Robert and John the manors aforesaid with the crop of corn and other issues thereof arising since the death of the said William and henceforward, any commission thereof made to other persons by any the king's ministers in Ireland whatsoever notwithstanding, so that the said Robert and John shall apply themselves with what diligence they may to terminate the business with all speed, the chancellor and treasurer certifying their action in the matter under seal in the chancery of England as soon as may be; as on 10 June last it was found by inquisition taken before Richard Stury escheator of Ireland, which inquisition is exemplified under the great seal used in Ireland and shewn before the king in the chancery of England, that Nicholas le Bruyn was sometime lawfully seised in his demesne as of fee of the said manors which were of William Naungle, that he gave them to John de Nongle and Margaret his wife for their lives with remainder to Barnabas de Nongle their son and the heirs male of his body, remainder for lack of such heirs to Walter Nongle brother of Barnabas and the heirs male of his body, further entailing the same to other persons in like manner, by virtue of which gift the said John and Margaret were thereof seised and died so seised, that after their death the said Barnabas entered and was seised by form of the said gift, that he had two sons namely William Nongle the elder and Barnabas Nongle the younger, that he died so seised, that after his death the said William entered as his son and heir and was seised by the form of the gift, that he after demised the said manors to Robert de Clynton knight for a term of nine years rendering one rose a year during the first seven years and during the two remaining years 50 marks yearly at Easter and Michaelmas by even portions, that to secure that term to the said Robert the said William made a quitclaim of the said manors, which by assent of the parties was put in the keeping of Thomas More upon condition that, if Robert might enjoy his said term therein without being thrust out by the said William or by any at his procurement the quitclaim should be delivered to William and annulled, and if he should so be thrust out it should be delivered to the said Robert, that the said Robert held the said manors all the life of the said William and long after without let, and continued his term two years and more after the said demise, until after the said William's death he aliened the said manors in fee to John Plunket and Richard Plunket, who thereof again enfeoffed the said Robert and John Clynton his son, by virtue of which feoffment they were thereof seised, that the said William, who died on Thursday before the Purification last, was at his death seised of the estate aforesaid and died without an heir of his body, that Barnabas Nongle the younger his brother is his next heir and of the age of 18 years, that the said manors are held in chief by knight service of the heir of Roger de Mortuo Mari, a minor in the king's wardship, and that for that cause they are taken into the king's hand and so remain; and now on behalf of the said Robert and John the king is informed that the said William son and heir of Barnabas, of whom the said Robert acquired the said manors to him and his heirs, was thereof seised in his demesne as of fee simple at the time of their acquisition, and not in fee tail as by the inquisition supposed, that whereas in the inquisition it is contained that the said William demised the said manors to the said Robert for a term of nine years under the condition aforesaid, and for security made a quitclaim thereof which was put in the keeping of Thomas More, the said Robert had an estate in fee simple to him and his heirs by feoffment of the said William, and the said quitclaim to him made was delivered to his keeping and not to the said Thomas nor to any other, and with the charter of feoffment so made is yet in his hands as he is ready to prove in due manner, wherefore the said Robert and John have prayed the king to order the said manors to be restored to them, as by colour of the said inquisition they are ousted of their freehold without being summoned or heard, contrary to the law and custom of Ireland and to the statutes. By p.s.
Et erat patens.
Membrane 17.
July 12.
Westminster.
To all and singular the sheriffs, mayors, bailiffs, the king's ministers and other his lieges within liberties and without. Order to suffer the abbot and monks of St. Mary York and all and singular their men coming to the districts of sheriffs and others with goods and property or passing through the same to be quit of toll, tallage, passage, pedage, stallage, wardage, works and aids of walls, sea walls, dikes and fish ponds, ship carriage (navigio), building of the king's houses, work or ward of castles, carriage and sumpter service (carreio et summagio), according to the charters of former kings, not taking their wains, carts or horses for any carriage or troubling them in aught contrary to the said charters, and restoring anything of them so taken; as among other liberties granted to the said abbot and monks by those charters it is granted that they and their successors shall be quit of the customs aforesaid in city and borough, market and fair, in passage of bridges and seaports, and in all places throughout England, Ireland, Wales and all the king's lands and waters, and the king by charter has confirmed the same, and has further granted that they shall peaceably use and enjoy the liberties and quittances so granted without let of the king, his heirs, justices, escheators, sheriffs, bailiffs or ministers whatsoever, though they have not so done heretofore.
Et erat patens.
July 14.
Westminster.
To John de Tye escheator in Surrey. Order not to meddle further with a messuage and 9 acres of land taken into the king's hand by the death of Thomas Vaghan, delivering up any issues thereof taken; as on 6 April in the 31st year of his reign the king by letters patent gave to John de Wynewyk, William de Thorp and William de Peek for their lives the manor of Hachesham which he lately had of the gift of Roger Bavent knight, and the knights' fees, advowsons etc. thereto belonging, with remainder to the prioress and sisters of the house of the order of preachers by him newly founded at Derteford and to their successors in aid of their maintenance; and now it is found by divers inquisitions, taken by the escheator, that the said Thomas Vaghan, who died 4 June in the 35th year of the reign, held at his death no lands in chief as of the crown in his demesne as of fee, but held in his demesne as of fee a manor called Coldherbergh in Hachesham whereof a messuage and 9 acres of land are held of the king as of his manor of Hachesham by the service of rendering 14d. a year at his said manor of Hachesham, that Hamon Vaghan son of the said Thomas is his next heir and was aged one year at his said father's death, and that John de Wynewyk died 20 June in the 34th year, William de Thorp 27 May in the 35th year, and William de Peek 20 December in the 37th year of the reign, whereby the said prioress has petitioned the king for removal of his hand from the premises so held of her as of her said manor of Hachesham, as the same has now come to her hands by the death of the said John, William and William.
July 4.
Westminster.
To William de Reygate escheator in Northumberland. Order to deliver to John Stryvelyn knight and Jacoba his wife, Maud who was wife of Alexander de Hilton knight and sometime of Richard de Acton, Maud daughter of Agnes daughter of Richard de Emeldon, and to Nicholas Sabraham and Alice his wife, to be parted among them, all fees and advowsons of the heritage of the said Jacoba, Maud, Maud and Alice which are in the king's hand as well by the death of Richard de Emeldon as by that of Christiana who was wife of William de Plumpton knight; as lately on the finding of an inquisition, taken by the escheator, that the said Christiana at her death held in dower the third part of the manor of Jesemuth which is held in chief, and divers other lands in that county not held of the king, of the heritage of Maud and Alice daughters of Agnes eldest daughter and heir of the said Richard her first husband tenant in chief, Maud who was wife of Alexander de Hilton his second daughter and the said Jacoba his third daughter and heir, with reversion to the said heirs being of full age, the king took the homage of the said John Stryvelyn, Maud and Maud and of Nicholas husband of the said Alice, and ordered the escheator in presence of the said heirs and parceners to make a partition into three equal parts of the lands so held in dower by the said Christiana, and to cause the said John Stryvelyn and Jacoba and Maud who was wife of Richard de Acton to have seisin of the purparties of Jacoba and the said Maud, and the said Maud daughter of Agnes, Nicholas and Alice to have seisin of their purparty; and now the said parceners have petitioned the king to order livery to be given them of the knights' fees and advowsons of the heritage aforesaid, which are yet in the king's hand.
June 26.
Westminster.
To the mayor and bailiffs of Newcastle upon Tyne, and to the customers in that town. Order, upon the petition of Nicholas de Narford of Lenne, to take of him security that he will bring four lasts of ox hides to the city of London or the town of Lenne and not elsewhere, and to suffer him by that mainprise to lade the said hides in the port of Newcastle upon Tyne and take them thither to make his advantage thereof, sending to the king in chancery by a trusty person the number of the said hides and the names of the mainpernors.
Membrane 16.
June 15.
Westminster.
To the treasurer and the barons of the exchequer. Order, upon the petition of the prioress and sisters of the house of the order of preachers Dertford, to search the record and process of a suit in the exchequer concerning one mark of rent in Brent Illeye, and if they shall thereby find that the king recovered the said rent as parcel of the manor of Coumbes co. Suffolk against Ralph de Shelton knight, and if assured by inquisition or otherwise that John de Wynewyk, William de Thorp and William de Pek are dead, to cause the said rent with the arrears thereof from the time of their death to be delivered according to the king's grant to the said prioress and sisters and their successors, notwithstanding that after such recovery the same was levied to the king's use; as Roger Bavent knight by charter lately gave the said manor to the king and his heirs, and the king (as he has learned) after recovered the said rent as parcel thereof, as may appear by the said record and process, which are in the exchequer it is said; and now the said prioress and sisters have shewn the king that by letters patent on 6 April in the 31st year of his reign he gave the said manor and the knights' fees etc. thereto belonging to the said John, William and William for their lives, with remainder to the said prioress and sisters in aid of their maintenance, which manor is now in their hands by reason of the death of the said John, William and William, and by virtue of the kings grant.
July 23.
Westminster.
To the sheriff of Norhampton. Order to cause Thomas Fitz Wauter lord of Daventre to have seisin of a cottage with the appurtenances in Daventre held by Thomas de Thurmaston outlawed for felony it is said; as the king has learned by inquisition, taken by the sheriff, that the same has been in his hand a year and a day, that it was held of the said Thomas Fitz Wauter by the service of rendering him 1d. a year at Michaelmas and of doing suit at his court of Daventre every three weeks, and that Richard de Wydeville the escheator has had the year and a day and the waste, and ought to answer to the king for the same.
June 26.
Westminster.
To the treasurer and the barons of the exchequer. Order to cause John de Thorp the king's clerk, warden of his moneys in the Tower of London, to have allowance in his account at the exchequer of 11l. by him paid at the receipt of the exchequer for the king's seignorage to him pertaining for coinage of a sum of gold by him received for the payment which the king of France is bound to make for his ransom.
July 4.
Westminster.
To the treasurer and the barons of the exchequer and to the chamberlains. Order to account with John de Thorp the king's clerk concerning his expenses in going to Scotland, whither the king lately sent him from the city of London to bring to him in London a sum of money due to the king of the ransom of David de Bruys his prisoner, and thence returning, to allow him 10s. a day for his wages and the wages of Bartholomew Lumbard going thither in his company by order of the council and thence returning, 73s. 4d. for two horses bought for the said Bartholomew for the purpose and lost on the journey, and 38s. 9d. for carriage of divers things concerning the assay of the money, and of the treasury to pay the said John what is found to be due to him on that account. By K. and C.
June 13.
Westminster.
To the treasurer and the barons of the exchequer. Order to view the account of John de Middelton deceased, keeper of the king's victuals at the town of Calais, and if they shall thereby find that answer was made to the king for 710 quarters (or 707 quarters) 2 bushels of oats delivered to the said John by Richard de Cotyngham then the king's serjeant under William de Clee in the office of avener of his household, to stay their demand made upon the said John, or upon Adam Ghaungeour of London tenant of a tenement in that city which was of the said John, for 117l. 18s. 4d. as to him delivered by the said William by colour of the account of Henry de Walton keeper of the wardrobe, thereof discharging as well the said John as the said Adam, the heirs and executors of the said John, and the tenants of his land; as the said Adam has shewn the king that the last time that the king was at Calais the said John received there to the king's use from the said Richard by the hand of John Gryndere the quantity of oats above mentioned at the aforesaid price at the time when the said Henry and William held the said offices, and that though the executors of the said John de Middelton in the account of the said victuals by them rendered at the exchequer accounted fully for the same and charged themselves therewith, the treasurer and the barons are purposing to charge the said John with the sum aforesaid, and are causing the said Adam unlawfully to be distrained for the same, for that in the account of the said Henry it is found that John de Middelton received the said price as a prest to him delivered by the said William de Clee, wherefore prayer has been made to the king for remedy; and it is witnessed before the king by credible persons of his household that the said Richard, being under the said William as the king's minister in his said office, in the said William's name delivered at the time aforesaid to John de Middelton the aforesaid quantity of oats, and that the said John received no other oats of the said William at that time.
Sept. 30.
Westminster.
To Ralph Spigurnell constable of Dovorre castle and warden of the Cinque Ports. Order to survey the defects of the said castle as well in houses, walls, turrets, the church, chapel, belfry, hall and other buildings and the windows, glazing and doors thereof as in the books, vestments, ornaments and fittings of the said church and chapel, and in the arms, armour, bows, arrows, cross bows, engines of war and other things needful for furnishing the same, and cause them from time to time to be repaired as need shall be by view and testimony of the abbot of St. Radegund and of the master of the Maison Dieu Dovorre or of one of them, and wood for making bows and crossbows, barrels for cleaning armour, chests for keeping the books, vestments and ornaments of the said church, and other things needful to be bought and purveyed by view and testimony of the persons aforesaid; as the king is informed that such defects are many. By K.
Membrane 15.
Proceedings in a parliament holden at Westminster 4 May 40 Edward III and before the council, between Elizabeth wife of Sir Nicholas Daudeleye and Sir James Daudeleye father of the said Nicholas. Whereas the said Elizabeth, pleading before the king in parliament, shewed that the said Sir James by deed indented made between him and Dame Alice de Beaumont countess of Bogham mother of the said Elizabeth granted to the said Alice the marriage of the said Nicholas to marry him to the said Elizabeth, granting that he would enfeoff the said Nicholas and Elizabeth of 200 marks of rent in Monynton, Dilwe and Fordeshome if so much there were, and if not of his heritage of Audeley elsewhere, to them and the heirs of their bodies, and the reversion of 200 marks of land which should come to the said James after the decease of Sir Philip de Columbers and Dame Eleanor his wife, or after the decease of Dame de Wateville, so that if the said Philip and Eleanor or the said dame should die within six years the said James should have the reversions aforesaid for that term, and granting further that he would make a feoffment and estate of all the residue of his heritage in demesne and in reversion to certain persons in fee simple, taking again an estate to him the said James and the heirs of his body, with remainder for lack of such issue to his right heirs; and thereupon the said Elizabeth said that the tenements which she and the said Nicholas have of the gift of the said James in Monynton, Dilwe and Fordeshome are worth but 120l. a year and no more, that by the feoffment by the said James made, when they the said Nicholas and Elizabeth were within the age of twelve years, he reserved to himself 20l. a year of the same, and though ofttimes required to grant the reversion of the land aforesaid he would do none of it, which land they the said Nicholas and Elizabeth ought to have had after the death of Dame Eleanor de Columbers, who survived Sir Philip her husband and died in the 16th year of the now king, to wit after the term of six years above mentioned, and they have none of it, and likewise the said James would make no assurance of the residue of his inheritance as in the indenture agreed, wherefore she prayed the king for aid and remedy. And thereupon he caused the said Sir James to come before the council, to wit the chancellor, treasurer, justices and other wise men assembled in the Star Chamber near the receipt at Westminster on the morrow of the Ascension, and there the said Elizabeth [shewed] her said grievances and the indenture aforesaid, dated the manor of Whitewyk Monday before St. Luke 15 Edward III, and prayed for redress; and the said Sir James submitted himself therein to the order of the king and council, and so did the said Elizabeth; and as Sir James was not then fully advised to answer to the said grievances, at his prayer a day was given to the parties on the morrow of St. John, and at his prayer he was granted licence to make answer by attorney. On which day the said Elizabeth came in person before the council, and Sir James by David de Hanmer and others his attorneys, bearing a letter patent [text follows] of James Daudeley lord of Red Castle and of Heley, dated 14 May 40 Edward III, naming Fulk Corbet, the said David, Robert Hatche and John Mareschall his attorneys, with proviso that the earl of Arundell be present and assent to the order of council; and the said Elizabeth shewed the grievances suffered by herself and her husband contrary to the said indenture, and the indenture witnessing the covenants above rehearsed, praying for redress, and the said attorneys of Sir James answered nought save that they would not answer but in presence of the earl of Arundell; and they were told by the council that when a man submits himself to the order of the king or council it is not lawful nor reasonable that any be added to the council by any name but such as the king pleases, and moreover it is put on record by the chancellor, the treasurer and all the council that Sir James submitted himself wholly as aforesaid, and after prayed that the said earl might be one of them, and the chancellor said that the earl was of the council and his presence would please him well, and further shewed the earl's letter to him addressed witnessing that the earl was required to be in the council that day in aid of this debate, and excused himself that he might not be there, praying that the council would make order therein notwithstanding his absence, and he would assent to the said chancellor's will and order; and the attorneys were asked by the council at their peril whether they would make further answer or no, and they said they would not; wherefore the said Elizabeth craved judgment and redress of her grievances with damages inasmuch as no answer is made to her plaint, for that by no law may a party reasonably put to answer another be compelled to answer and defend himself if he will not so do; and the council being advised that they may not well make an end without advising the king, sent to him the whole process to know his will thereupon, who addressed his writ of privy seal to the chancellor and treasurer commanding them to proceed to final debate of the business according to the submission aforesaid, and he would confirm what they should do; by virtue of which command and of the said submission the chancellor and treasurer caused the justices, serjeants and others of the council to assemble, before whom the said process and writs were read and examined, and after deliberation had it was awarded that all the covenants in the said indenture contained touching the 400 marks of land which the said Sir Nicholas and Elizabeth should have were to be performed by Sir James before Michaelmas next on pain of 6,000l. to be paid to the king, and that he should pay to Sir Nicholas and Elizabeth full damages for that they were not performed, neither in respect of the said tenements in demesne at any time save of 100l. a year, nor of any of the tenements in reversion after that Sir James had power to perform the same after the reversions fell in, and in case Sir James should no longer have power to fulfil those covenants as at the time the indenture was made, he should on the pain aforesaid substitute other lands of as great value and in as sure manner as therein contained; and whereas full information may not yet be had of the amount of the said damages, it was agreed that the execution thereof be stayed until the quinzaine of Michaelmas next, and the said Elizabeth was told to come before the council at that time to inform them of such damages and receive their award in that behalf and in regard to her other grievances. On which day came as well the said James as the said Elizabeth in person in the chamber aforesaid, and by accord between them made before the chancellor, the treasurer, the justices and others of the council it is agreed that the said Sir Nicholas and Elizabeth shall hold the tenements in Monyton, Dilwe and Fordeshome as of the value of 200 marks of land as they held the same before the above award, discharged of the arrears of the rent of 20l. thereof reserved to the said James, that Sir James, Isabel his wife, James and Thomas their sons shall before the month of Easter next by fines, deeds, records and licences of the king if need be make to them for their lives as sure an estate as they may of the heritage that was of Sir William Martyn to the value of 120l. a year; and that Sir James shall pay them 1,000 marks for damages; and further Sir James granted before the said council that he would make no alienation nor demise of his lands and no waste of his woods save for needful and reasonable cause to be certified to the chancellor for the time being, the duke of Lancastre and the earl of Arondell and assented to by them, and that in case of default in the performance of these things the judgment against him rendered on the morrow of St. John last for the said Elizabeth should be executed in all points, and her damages should be declared. French.
July 10.
Lyndhurst.
To James de Audeleye lord of Heley. Order, under a pain of 6,000l. to be paid to the king's use, to cause certain covenants made between him and Alice de Beamount to be performed by the quinzaine of Michaelmas next; as after deliberation and advice had before the king and council touching the differences and debates which have arisen between the said James and Elizabeth wife of Nicholas de Audeley his eldest son touching the fulfilment of the said covenants concerning the grant of 400 marks of land and rent by him to the said Nicholas and Elizabeth, according to an indenture made between the said James and the said Alice mother of Elizabeth, both parties having submitted themselves to the order of the king and council, it was determined that all the said covenants should be fully performed by that date under the pain aforesaid. By K. and C.
Membrane 14.
July 4.
Westminster.
To William de Reygate escheator in Yorkshire. Order to take of Margaret who was wife of Robert Barde of Osgotby tenant in chief an oath that she will not marry without the king's licence, and to assign her dower of the lands of her said husband taken into the king's hand by the death of the said John (sic), sending the assignment under seal to be enrolled in chancery.
July 14.
Westminster.
To Richard de Sutton escheator in Lancashire. Order, upon the petition of the abbot of Whalleye, if by inspection of divers the king's letters patent by the said abbot produced, by inquisition or otherwise he may be assured that the lands etc. mentioned in the inquisition hereinafter recited are the same as in the said letters patent contained or parcel thereof, to remove the king's hand, and not to meddle further with the same; as the king lately commanded the escheator to certify in chancery the cause wherefore the said abbot's lands were by him taken into the king's hand, what lands they were, and of what value, and he certified that he so took a moiety of the manor of Billynton which the said abbot acquired of Geoffrey de Scrope knight value 20 marks a year, a messuage and 20 acres of land in Billynton acquired of Richard Daukynson value 20s. a year, a third part of the manor of Wysewall acquired of Thomas de Arderne knight value 60s. a year, the manor of Standen acquired of Henry late duke of Lancastre value 8l. a year, a piece of wood and pasture called Romesgreve containing about 200 acres acquired of the said duke value 40s. a year, a messuage and 60 acres of land acquired of John del Clogh and John del Wra (or Wro) in Edesford value 53s. 4d. a year, six messuages and 40 acres of land in Cliderhou acquired of Hugh de Cliderhou knight value 4l. a year, a messuage and 8 acres of land acquired of John de Kynerdale in Kynerdale value 8s. a year, and a messuage, 100 acres of land and 20 acres of pasture in Coldecotes acquired of Nicholas del Bruche and Margaret his wife value 60s. a year, for that he found by inquisition, before him taken of his office, that the said abbot has licence of the late king to appropriate to him and his successors 20l. of land or rent, and in fraud of the king has by virtue thereof appropriated the premises, which exceed the value of 20l.; and the said abbot has produced divers letters of the king granting licence to purchase divers lands as well in part of the 20l. aforesaid as otherwise, alleging that all the premises are under other names fully contained therein, and that so he has acquired none without licence, praying that the king's hand should be removed. By C.
July 15.
Westminster.
To William de Reygate escheator in Westmorland. Order not to meddle further with the moiety of a messuage and with 15 acres of land containing the moiety of one bovate in Stirkeland taken into the king's hand by the death of William son of Alan de Bolteston, saving to the king the issues thereof if answer is not yet made to him for them; as it is found by inquisition, taken by the escheator, that the said William son of Alan at his death held no lands in that county in chief, but held the premises in his demesne as of fee of the king, as of the knights' fees which were of William de Coucy baron of Kendale then in the king's hand, by homage and fealty and suit of the court of Kirkeby in Kendale every three weeks and by the service of 12d. and one pair of spurs or 3d. a year for all service, that Sibyl daughter of Christiana daughter of the said deceased is his next heir and of full age, and that by reason of her nonage answer has heretofore been made by the escheators for the time being for the issues and profits of the premises from his death, who died in the first plague about the feast of St. Peter's Chains; and at another time the king by letters patent gave to John de Coupeland (now deceased) and Joan his wife (yet living) for their lives all the lands of William de Coucy in that county with the knights' fees etc. thereto belonging. For 6s. 8d. for her marriage paid to the king by the said Sibyl, who is not yet married, he has granted her that she may marry whom she will.
June 20.
Westminster.
To the bailiffs of the city of York. Order to deliver of the king's gift to William Hervy a horse whereupon a boy was riding when by accident he fell off and was killed, wherefore the said horse is by the bailiffs taken into the king's hand as a deodand, as the king has learned. By K. on the information of John atte Lee steward of the household.
July 29.
Westminster.
John Smyth of Bernak, taken and imprisoned in the king's prison of Rokyngham for a trespass of venison in the forest of Rokyngham, has a writ addressed to William de Wykeham clerk, keeper of the king's forest this side of Trent, or to his representative in the said forest, to put him on bail until the coming of the justices for pleas of the forest in Norhamptonshire.
July 28.
Westminster.
To Alan de Buckeshull constable of the Tower of London, or to his lieutenant. Order to cause William de Melborne clerk, imprisoned in the Tower for divers excesses and wrongs attempted against the king for which he is indicted, to be set free by a mainprise, if he shall find mainpernors for whom the constable and lieutenant will answer at their peril, who will mainpern to have his body before the king and council in the quinzaine of Michaelmas to answer touching those excesses and wrongs, certifying such mainprise without delay in chancery under seal, and sending again this writ; as the king's will is that the said William be brought from the Tower to answer touching the premises. By K.
Oct. 7.
Westminster.
To Thomas de Clyfton chaplain. Special licence [to pass] to foreign parts to prosecute and defend his lawful business; as lately learning that the said Thomas purposed to pass thither to prosecute many matters to the prejudice of the king and many of his people, the king by writ to him addressed forbade him so to do without special licence under pain of forfeiture of life and limb, or to prosecute or attempt aught tending to the hurt of the king's crown and dignity or of the people; but the said Thomas appearing in person in chancery has found mainpernors before the king, John de Brampton clerk and Michael atte Mede of New Sarum, who have mainperned under a pain of 100l. that he shall not there prosecute nor attempt aught tending as aforesaid. By C.
Et erat patens.
Membrane 13.
July 14.
Westminster.
To Richard de Wydevylle escheator in Norhamptonshire. Order to cause Adam de Basynges to have seisin of his purparty of the manor and advowson of Wykhamond, kept in the king's hand by reason of his nonage; as lately on the finding of an inquisition, taken by the escheator at the king's command, that Joan who was wife of John de Wolverton knight at her death held for life the said manor and advowson, which are held in chief, as jointly enfeoffed with her said husband (likewise deceased) with reversion to Margery wife of Roger de Louthe and Elizabeth wife of William de Cogenho, daughters and next heirs of the said John and of full age, the king ordered the escheator to make a partition thereof into two equal parts, and to cause the said Roger and Margery, William and Elizabeth to have seisin of their respective purparties; and after on the finding of another inquisition, likewise by him taken at the king's command, that the said Joan held the premises as aforesaid of the gift of John de Wolverton the elder to the said John and Joan and to the heirs male of their bodies, with reversion for lack of such an heir to the said John the elder and his heirs, that the said John and Joan had issue a son named Ralph and the two daughters aforesaid, that the said Ralph survived his father and died in the life time of Joan his mother, that the said Margery and Elizabeth daughters of the said John and the said Joan his second wife, and John Wake son of Joan one daughter of the same John and of Joan his first wife, Adam de Basynges son of Sara their second daughter, and Elizabeth daughter of Cicely their third daughter are next heirs of the said John the elder, and that the said Margery and Elizabeth, John Wake and Elizabeth [daughter of Cicely] were of full age and the said Adam within age, the king by another writ commanded the escheator to keep the premises in his hand until further order, if not parted and delivered by virtue of the former writ to the said Roger and Margery, William and Elizabeth; and subsequently at the suit of John Wake, Thomas de Couelee who has taken to wife the said Elizabeth daughter of Cicely and the said Elizabeth, praying that their purparties should be assigned and delivered to them as cousins and two of the heirs of the said John de Wolverton the elder, the king ordered the sheriff to give notice to the said Roger and Margery, William and Elizabeth to be before the king in chancery in the quinzaine of Easter last to shew cause wherefore the premises should not be parted among all the said heirs and parceners and livery be given to the said John Wake, Thomas and Elizabeth of the purparties of John Wake and Elizabeth wife of Thomas, and to do and receive further what the court should determine, and the sheriff returned that he gave them notice accordingly; and at that day the said Roger and Margery came not, and the said [William] appearing in person and Elizabeth his wife by him as her attorney did not gainsay that the said John Wake, Adam and Elizabeth wife of Thomas are coheirs of the premises with the said Margery and Elizabeth wife of William, wherefore the king ordered the escheator, in the presence of the said heirs and parceners if upon warning they would attend, to make a partition of the premises into five equal parts, and to cause the said William and Elizabeth, John Wake, Thomas and Elizabeth to have seisin of their respective purparties, keeping in the king's hand until further order the purparties of the said Roger and Margery and of the said Adam; and after the king took the fealty of the said Roger for the purparty of Margery his wife and commanded livery thereof to be given him, keeping in the king's hand until further order the purparty of the said Adam; and at another time the said Adam has proved his age before the escheator, and the king has taken his fealty, and has respited his homage until Michaelmas next.
July 16.
Westminster.
To John de Evesham escheator in Wiltes. Order, if the manor of Vasterne contained in the inquisition hereinafter recited is the same manor of Fasterne which is held by Queen Philippa of the king's grant, to remove his hand and not to meddle further with a messuage, one carucate of land and 3½ acres of meadow in Westcote and Estcote, delivering up any issues thereof taken; as it is found by inquisition, taken by the escheator at the king's command, that Susan who was wife of John Canynges at her death held no lands in that county in her demesne as of fee, but held the premises for life as jointly enfeoffed with her said husband (likewise deceased) in chief as of the manor of Vasterne by the service of rendering 1d. yearly to the king at Midsummer; and the king by letters patent has granted to the said queen for life the manor of Fasterne in that county with the knights' fees, advowsons etc. thereto pertaining.
Membrane 12.
July 28.
Westminster.
To John de Olneye escheator in Cambridgeshire and Bukinghamshire. Order to deliver to Aubrey de Veer the manors of Saxton co. Cantebrigge and Calverton co. Bukingham taken into the king's hand by the death of Maud who was wife of John de Veer, together with the issues thereof taken since her death; as the king has learned by divers inquisitions, taken by the escheator, that the said Maud at her death held the said manors for life in chief of the gift of John de Sutton knight the elder, John de Pelham parson of Wykham and Thomas Twe made with the king's licence, with remainder to the said Aubrey and to the heirs male of his body; and the king has taken the homage and fealty of the said Aubrey. By p.s. [27072.]
July 28.
Westminster.
To Roger de Wolfreton escheator in Essex. Order to deliver to Thomas de Veer earl of Oxford, son and heir of John de Veer late earl of Oxford, the manors of Stansted Monfichet, Dodyngherst and Earls Colne taken into the king's hand by the death of Maud who was wife of the said John, with the issues thereof taken since her death; as the king has learned by divers inquisitions, taken by the escheator, that the said manors, which are held in chief, were held by the said Maud for life in name of dower by endowment of her said husband, with reversion to the said Thomas; and the king has at another time taken his homage and fealty, and has commanded livery to be given him of all the lands of his said father.
July 27.
Westminster.
To John de Tye escheator in Sussex. Order to remove the king's hand and not to meddle further with the manor of Laghton and the hundred of Sheplake, delivering to John de Sutton knight the elder, Robert de Naylynghurst and John de Pelham clerks and to Thomas Tuwe any issues thereof taken; as the king lately commanded the escheator to certify in chancery the cause wherefore the said manor and hundred, which were of Maud de Veer countess of Oxford, were by him taken into the king's hand, and he returned that he so took them for that the said countess, who held the same in chief as of the honour of Aquila, aliened them without the king's licence to the said John, Robert, John and Thomas, and for no other cause; and in the statute published at Westminster in the first year of the reign it is contained that no man shall be troubled for acquiring lands held of the king as of an honour.
July 10.
Westminster.
To Roger de Wolfreton escheator in Essex. Order to remove the king's hand and not to meddle further with the manor of Raureth which was of William Dureward, delivering up any issues thereof taken; as the king lately ordered the escheator to certify in chancery the cause wherefore that manor was by him taken into the king's hand, and he certified that he so took the same for that it is held in chief as of the honour of Reylegh by knight service, and he learned by the report of certain persons that the said William held the same in his demesne as of fee, and in fraud of the statute demised and gave it a little before his death to Clement Spice, Roger Keterych and others and to their heirs, in order to deprive the king of the wardship and marriage of the said William's heir, who is within age; and the king considers that certificate insufficient.
July 12.
Westminster.
To the justices of the Bench. Order to stay altogether the further holding of a plea before them between John de Middelton and Christiana his wife and John Wendout concerning his homage and fealty for certain tenements in Neuton by the Sea co. Northumberland; as lately at the suit of John Wendout, praying a remedy as well for the king as for himself, shewing that he holds the said tenements in chief by knight service [rendering] to the king homage and fealty for the same, which were taken into the king's hand by the death of Robert Wendout and after by process in chancery delivered to the said John as his brother and heir being then of full age, and that the said John de Middelton and Christiana are impleading him before the said justices to do homage and fealty to them for the same, scheming to deprive the king of that homage and fealty, the king commanded the justices to continue that plea, if any such were pending before them, in the state in which it then was until the parliament next ensuing; and by a process before the king in chancery, upon a petition presented in that parliament by the said John de Middelton and Christiana, it is determined that the said services ought to remain with the king and his heirs, and that John de Middelton and Christiana should take nothing by their petition.
July 2.
Westminster.
To John de Olneye escheator in Bukinghamshire. Order, upon the petition of the abbot of Wouborne, if by inquisition or otherwise assured that the facts are as hereinafter rehearsed, to remove the king's hand and not to meddle further with a messuage and 15 acres of land of the said abbot in Woketon, delivering to the abbot and convent any issues thereof taken; as lately the king commanded the escheator to certify in chancery the cause wherefore the premises were by him taken into the king's hand, and he certified that he took them not, but that William de Otteford late escheator delivered the same to him by indenture wherein it is contained that the said William took the premises into the king's hand for that he found by inquisition, before him taken of his office, that after the statute of mortmain the said abbot acquired the same without the king's licence; and now the abbot has prayed the king for restitution thereof, as he and the convent and all their predecessors time out of mind long before the said statute had and held the said messuage and 15 acres, making one virgate of land, as may appear by divers charters and muniments of their feoffees exhibited before the king, until the said William unlawfully took the same as aforesaid into the king's hand.
July 2.
Westminster.
To the treasurer and the barons of the exchequer and to the chamberlains. Order, upon the petition of John de Chivereston, to search the rolls and memoranda of the exchequer and the receipt concerning the matter, and to account with him as well for the sums due from him to the king as for the sums due to him from the king, causing allowance to be made him in the sums wherein the king is bound to him of so much as shall clearly and of just cause be found due from him to the king; as his petition shews that the said John is bound to the king for prests and otherwise in divers sums, and certain other sums are due to him.