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Close Rolls, Edward III: December 1366

Pages 302-309

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

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December 1366

Dec. 1.
Westminster.
Thomas Devenissh, Michael Skillyng and William de Hoghton to Master Hugh Pelegrini treasurer of the church of Lychfeld and to Reymund Pelegrini clerk. Joint and several recognisance for 70l. payable by instalments; to be levied, in default of payment, of their lands and chattels in the county of Suthampton.
Cancelled on payment, acknowledged by the said Reymund.
Writing of John Dymmok knight, son of Sir John Dymmok knight lord of Skrevelby, being a quitclaim to Baldwin de Freville knight, his heirs and assigns, of the manor of Middelton. Dated Westminster, Thursday after St. Andrew 40 Edward III.
Memorandum of acknowledgment, 3 December.
Dec. 3.
Westminster.
Robert Neel of Kent to Thomas Neylond parson of Merstham co. Surrey. Recognisance for 500l., to be levied, in default of payment, of his lands and chattels in Kent.
Dec. 3.
Westminster.
Thomas Neylond parson of Merstham co. Surrey to Robert Neel of Kent. Recognisance for 500l., to be levied etc. in Surrey.
Dec. 5.
Westminster.
John de Burgherssh knight to Ralph de Restwold. Recognisance for 500 marks payable by instalments; to be levied etc. in Essex.
Membrane 6d.
Indenture made between the prior and convent of Dunstaple lords of the town of Dunstaple of the one part and John Averey, Thomas Nicolas, John de Pegelton, Richard Albon, John de Wappenham, William Wilshamstede, John Iremongere, Henry Nicolas, John Barbour, John Fisshere 'cornmongere,' William Rammeseye, William Neal, John Hent, William Catour, Thomas de Lynleye, William Hobbes, Simon Gilmyn, Hugh le Ferour, John Knyght and John Whitawere burgesses and all the commonalty of the said town of the other part, reciting that lately debate arose between the said prior and convent and the said burgesses and commonalty touching a claim made by the burgesses and commonalty to divers customs, liberties and usages, whereupon the prior made complaint and suit to the king's council by petition touching wrongs and grievances committed against himself and his church, that at length by order of the council the parties appeared before the council at Westminster and submitted themselves to the judgment and order of the council, that after hearing the plaint and the grievances of the prior with the answers and claims of the burgesses and commonalty, and after due deliberation, a decree and order was by the council made, which plaint and grievances, answers, claims and order are contained in the following articles:
1. The prior of Dunstaple says that whereas the prior is lord of the said town, and has there view of frankpledge once a year on the feast of St. Barnabas, and amends of the assize of bread and ale, the burgesses claim to assess the assize of ale once at the next court of the prior held after Michaelmas for the whole year to come, which seems unreasonable for that the price of malt often varies during the year, and the said assize ought to vary and be assessed accordingly. To this the burgesses answer that every year at the said view of frankpledge are chosen eight ale wardens (conservatores cervisie) in lieu of ale tasters, who shall swear that to the best of their power the assize of ale shall be kept during that year according to the price of malt and the custom of the town, and the said wardens will come when need be of their free will to the prior's court, for they are not bound to make suit there, and the assize will be varied by them and the prior's steward. The council, after hearing reasons on either side, ordered and decreed that the prior's ministers make inquisition every quinzaine by the burgesses or others in court concerning the price of malt and of corn, and that the assize be published according to the sale thereof, which assize the said wardens shall upon their oath cause to be kept, and offenders shall be punished at the next view of frankpledge and affeered by their peers according to the amount of the fault, saving their countenance, and that for every fault.
2. The prior says that whereas the dozeners ought to present defaults of brewers whenever they occur throughout the year, they will not so do, nor suffer any to be amerced for every fault according to the amount of the fault, but claim that amercements for all trespasses be but 4d. as if for one trespass, when by the common law a man should be amerced for every fault according to the amount thereof. The burgesses answer that they never used to present all defaults one by one throughout the year, nor is it commonly done elsewhere, especially as the view of frankpledge is held but once a year and there are there so many brewers, men and women, namely a hundred and more, but only to present that they have been common brewers since the last view of frankpledge and have broken the assize, and this by the ale wardens only, and thence arises but one amercement; as to which amercement they say that Richard predecessor of the prior and the convent of Dunstaple by fine levied in the king's court and by their writing granted to the commons of the said town that they should not be amerced in the prior's court but at 4d., and by virtue thereof they have been used to be there amerced at 4d. and no more, producing one part of the fine and the said writing. Ordered, after viewing the fine and writing, whereby the said late prior and the convent granted the burgesses that in all pleas and plaints save pleas of the crown which might be held in the prior's court between the prior and the burgesses and their heirs every of them should for 4d. be quit of mercies wherein he should fall, that all articles of the view of frankpledge are pleas of the crown, and amercements thereof arising are not included in the grant but expressly excepted, wherefore the dozeners with the ale wardens shall at every view of frankpledge present all defaults of brewers as often as they brew, and every of them for every fault shall be amerced and affeered according to the amount thereof.
3. The prior says that the burgesses claim that in that town ale tasters make no tasting or trial of ale. The burgesses answer that the ale wardens ought to taste the same whenever they please and whenever a complaint comes to their ears, causing ale to be sold according to the assize laid upon it. Ordered that the said wardens shall taste and try ale from day to day when need be, and lay the assize according to the value thereof, and those in fault shall be punished at the next view of frankpledge by presentment of them and of the dozeners according to the amount of the fault.
4. The prior says that the burgesses claim that all defaults of butchers, fishmongers, cooks and sellers of other victuals be not accused nor punished but once a year though they trespass many times, meaning for all trespasses to pay but 4d. a year, which is a hurt and oppression of the people and contrary to the law of the land. The burgesses answer that the prior's view of frankpledge is held but once a year, that the prior has no privilege to punish such things but by virtue of his said view, and so they may not be oftener punished; and as to the said 4d. as above was said. Ordered that every seller of victuals in every market of the said town or on another day when victuals shall be sold shall according to the statute be chastised by the prior, his steward or bailiffs, and if not punished for all such trespasses before the view of frankpledge the dozeners shall then present his defaults and how many they be, and he shall be amerced and affeered for every fault according to the amount thereof.
5. The prior says that the burgesses claim that in the view of frankpledge the dozeners shall present no hue and cry, 'homsoken,' rescue and bloodshed, and suffer none such to be presented, but hinder the bailiffs and constable of the said town from attaching any who is at fault in the premises. The burgesses answer that the foundation of the town is upon the traffic which commonly takes place without the town for buying and selling of merchandise, and they may not purpose to arrest those making such affrays, but it was ever heretofore used that the prior should have his bailiffs to arrest such transgressors and present such defaults in his court, and if the bailiffs might not arrest them any burgess whatsoever found in the town would be aiding the said bailiffs at their order but such things ought not to be presented by the dozeners. Ordered, in accordance with the usage alleged, that the prior's bailiffs, constables and ministers shall attach such affrays, and shall at the view of frankpledge present hue and cry, rescue, 'homsoken' and bloodshed, and every offender shall be amerced for every fault and affeered according to the amount thereof, so that if owing to resistance the said ministers may not or dare not make such attachments, any burgess shall be aiding as aforesaid.
6. The prior says that the burgesses claim that the dozeners nor any of them ought to be amerced in the prior's view of frankpledge for absence on the day thereof if he shall not be seen in the town after sunrise, and clamour that none be amerced and affeered at more than 4d. for any trespasses, though offending many times. The burgesses answer that so it was used heretofore, unless it might be proved that absence was by fraud or collusion; and as to amercement, that when a man ought to be amerced twice, thrice or oftener, they willingly suffer amercement at 4d. for every such fault, and whereas by law there ought to be but one amercement only as in breach of the assize of ale and so forth, they were ever used after the fine and grant aforesaid to pay 4d. only though they should offend many times. Ordered that every headborough and his dozener be bound to come to the view of frankpledge on the day thereof, unless he shall have leave of absence from the prior or his steward, and if he make default he shall be amerced and affeered according to the magnitude of his offence.
7. The prior says that the commonalty of the town hinder the dozeners from presenting defaults of those dwelling within the precinct of the view of frankpledge who have leave of absence from their dozeners, or absent themselves in a matter of appearance (causa veniendi se absentant). The burgesses answer that this they have never claimed nor will claim.
And in order that concord and enduring peace may be in time to come, it is by the council ordered and decreed that a writing indented between the parties be made for a perpetual memorial concerning the form of submission and the above grievances, answers, claims and decree; and as well the prior and convent, for them and their successors, as the said burgesses and commonalty for them, their heirs, assigns and successors, hereby will and agree that the order and decree aforesaid shall be observed and kept, and that neither party may in time to come make any claim or demand contrary to the same; and as to the custom contained in the seventh article, which they said they never claimed, the burgesses and commonalty grant that they, their heirs etc. will never claim the same in time to come. And because the seals of the said burgesses are to most men unknown and the commonalty of the said town has no seal, by judgment of the council with assent of the parties this indenture shall be recorded and enrolled in chancery, and shall have the force and effect of a record, and be held to be a record and final concord in the premises in time to come. Dated Westminster, 30 November 40 Edward III.
Memorandum that on 4 December at Westminster the said prior, for himself and the convent and for their successors, and the men above named, for themselves and the commonalty of the town, their heirs and successors, submitted themselves to the order of the council, wherefore the council viewed the foregoing indenture, and ordered that all things therein contained be observed and kept, and that it be enrolled upon the rolls of chancery and held for a record for ever.
Memorandum that the tenor of this enrolment was exemplified by letters patent under the great seal, in the form of an inspeximus, tested at Westminster, 10 December.
Membrane 5d.
Nov. 11.
Westminster.
John Dovy citizen of London to Thomas de Aldoun knight. Recognisance for 1,000l., to be levied, in default of payment, of his lands and chattels in the city of London.
Indenture of agreement between Sir Thomas de Aldoun knight of Kent and John Dovy citizen of London, covenanting that the said John, his heirs and assigns shall from the date of these presents until Michaelmas next and thenceforth for ten years peaceably hold the manors of Ditton, Siffleton and Brampton co. Kent whereof Sir Thomas has enfeoffed him, and has made him a release which is enrolled in chancery, rendering 80 marks a year at Michaelmas and Easter by even portions, the first term of payment being Michaelmas next, power being reserved to Sir Thomas to distrain for arrears; that Sir Thomas or his heirs shall pay the said John, his executors or assigns, 283l. 14s. at Midsummer next and Christmas following by even portions, which sum he owes of clear debt; for defeasance of the foregoing recognisance, upon condition that if the said John shall peaceably hold the said manors without molestation during the term aforesaid, and if Sir Thomas or another in his name shall make the payments aforesaid in the church of St. Paul London, the said John shall within a month after the said term enfeoff Sir Thomas or his heirs of the same manors, saving always that if the said John, his heirs or assigns, be put out of the said manors or any part thereof, molested or challenged by Sir Thomas or his heirs or by any other within the said term, or if the said payment be not made in part or in whole, the said recognisance shall be void, and the said John and his heirs shall be discharged of every rent reserved or other farm, charge or condition whatsoever. Dated London, 12 November 40 Edward III. French.
Memorandum of acknowledgment by the parties, 12 November.
Writing of John Beket, brother and heir of Thomas Beket, being a quitclaim with warranty to John de la Lee knight and Joan his wife, the heirs and assigns of the said John de la Lee, of the manor of Hertesho co. Essex with the advowson of Farnham 'in the Grene' which were of the said Thomas. Witnesses: Sir Richard de Ravenser, Sir Richard de Chestrefeld, Sir Walter de Aldebury clerks, John Bataille, Thomas Frere, William Rokesburgh. Dated London, the morrow of St. Martin 40 Edward III.
Memorandum of acknowledgment, 15 November.
Nov. 17.
Woodstock.
Thomas son of Walter de Faucomberge to the king. Recognisance for 6,000l., to be levied, in default of payment, of his lands and chattels in Yorkshire.
The king is assured that the foregoing recognisance was made upon condition that the said Thomas should enfeoff certain particular persons of all lands which he holds in fee and heritage, so that they might again enfeoff the said Thomas and Constance his wife under a particular form; and because the said Constance after in November 42 Edward III, appearing in person in chancery, acknowledged that the condition was fulfilled, the king ordered the chancellor that this recognisance should be cancelled, wherefore it is cancelled.
Writing of John Foliot parson of Slyndefold, being a bond to Sir Stephen Coughtele vicar of Horsham in a yearly pension of 50 marks payable in the church of St. Paul London, one moiety at the feast of St. John Baptist next the other at the Purification following, and so from year to year and from term to term during the said Stephen's life. Dated London, the morrow of St. Lucy 40 Edward III.
Memorandum of acknowledgment in the chancery at Lamhithe, 14 December.
Indenture of defeasance of the foregoing bond, upon condition that John Foliot parson of Slyndefold pay to Sir Stephen Coughtele vicar of Horsham 12½ marks at every of the terms therein named. Dated London, 15 December 40 Edward III.
Memorandum of acknowledgment by the parties at Lamhithe, 15 December.
Writing of John Chaworth of Medburn parson of Cosyngton co. Leycester, being a bond to John atte Ram, Roger Porter 'chaundelere' and John Abbot tailor citizens of London in 33l. payable at Easter next in the church of St. Bride Fletestrete in the suburb of London. Dated London, 14 December 40 Edward III.
Memorandum of acknowledgment at Lamhithe, 16 December.
Membrane 4d.
Charter of Thomas de Faucombergh of Skelton, giving with warranty to Michael de Ravendale clerk, John de Hatfeld, William de Nessefeld and Hugh de Westwyk clerk, their heirs and assigns, his castle and manors of Skelton, Mersk and Brantyngham, the bailiwick of the wapentaken of Langbergh, and all other his lands, rents and services, neifs and all that goes with them in Yorkshire which descended to him by inheritance after the death of Walter de Faucombergh his father. Dated London, Tuesday after St. Andrew 40 Edward III.
Writing of Thomas de Faucombergh of Skelton, being a letter of attorney to John Capon to deliver to Michael de Ravendale clerk, John de Hatfeld, William de Nessefeld and Hugh de Westwyk clerk, their heirs and assigns, seisin of the castle and manors of Skelton, Mersk and Brantyngham, the bailiwick of the wapentake of Langberg, and all other lands etc. in Yorkshire which descended to the said Thomas after the death of Walter Faucomberg his father. Dated (as the last).
Writing of Thomas de Faucomberg of Skelton, giving to Michael de Ravendale clerk, John de Hatfeld, Hugh de Westwyk clerk and Alexander de Whiteby a yearly rent of 500l. issuing from all his lands in Yorkshire, a yearly rent of 200l. issuing from all his lands in Norhamptonshire, and a yearly rent of 100l. issuing from all his lands in Bedfordshire, all to be taken yearly at Whitsuntide and Martinmas by even portions, with power to distrain for arrears. Dated London, Wednesday after St. Nicholas 40 Edward III.
Charter of Thomas de Faucomberg lord of Skelton, giving with warranty to Michael de Ravendale clerk, John de Hatfeld, William de Nessefeld and Hugh de Westwyk clerk, their heirs and assigns, his manor of Retheresthrop and all other his lands, rents and services, neifs and all that goes with them in the towns of Pateshull, Anescot, Derlescot, Descot, Farnyngho, Potecot, Lychebarowe, Maydesford, Tiffeld, Gayton, Heppewell, Preston and elsewhere in Norhamptonshire, which descended to him by inheritance after the death of William de Pateshull his cousin. Dated London, Thursday after St. Nicholas 40 Edward III.
Writing of Thomas de Faucomberg of Skelton, beig a letter of attorney to John Capon to deliver to Michael de Ravendale clerk, John de Hatfeld, William de Nessefeld and Hugh de Westwyk clerk, their heirs and assigns, seisin of the manor of Retheresthrop and lands etc. in the towns of Pateshull, Anescot, Derlescot, Descot, Farnyngho, Potecot, Lychebarowe, Maydeford, Tyffeld, Gayton, Heppewell and Preston and elsewhere in Norhamptonshire which descended to the said Thomas after the death of William de Pateshull his cousin. Dated (as the last).
Memorandum of acknowledgment of the foregoing charters and writings in the chancery at Westminster, 12 December.
Oct. 20.
Westminster.
To the bailiffs and true men and all the commonalty of the town of Great Jernemuth. Order, under a pain of 100l., to suffer the barons of the Cinque Ports without let to use and enjoy at this present fair of Jernemuth the liberties and offices hereinafter mentioned, and all other liberties and quittances in regard to the fair contained in letters patent of King Edward I and in the king's charter of confirmation so long as the fair shall last, the certificate of the said bailiffs and commonalty hereinafter recited and the causes therein alleged notwithstanding, so bearing themselves that the king may not need to stretch forth his hand by reason of their default and disobedience, and to the said bailiffs to be in person before the king and council at Westminster on the morrow of All Souls to answer touching these matters and others which shall be laid against them on the king's behalf; as in the said letters patent touching a composition between the said barons and the people of the said town, for appeasing strife and debate between them moved, it is contained (inter alia), that the said king's will was that the said barons in time of the said fair during 40 days should have the keeping of the king's peace and should do the king's (realem) justice with the provost of the town, in the form following, that during the fair the said barons should have four serjeants, one to carry the king's banner, a second to blow a horn for assembling the people and to be the better heard, and other two to carry wands for keeping the peace there, and this office they should do on horseback if they would, doing and executing also certain other things in the said letters contained; and the king has by charter confirmed these liberties and certain other liberties and quittances granted by his forefathers to the said barons, granting further for him and his heirs to the said barons, for their good service to him and his forefathers, that they and their successors should without trouble or let of the king, his heirs or ministers whatsoever, use and enjoy these liberties and quittances and every of them though any of them were not heretofore fully used by the said barons or their ancestors; but being informed that certain men of Jernemuth would unlawfully have hindered the said barons from exercising their said office at this coming fair, and from using and enjoying the said liberties, alleging that the said barons abused or did not use those liberties or at least some of them, the king by writ commanded the said bailiffs and commonalty to desist altogether from such hindrances, suffering the barons during the said fair to use and enjoy the said liberties and office and all other liberties and quittances in regard to the fair according to the said letters patent and charter, and not troubling them contrary to what is therein contained, the pretended abuse or non-user thereof notwithstanding, or to signify to the king wherefore they did not obey his command at another time to them addressed; and they signified that forasmuch as the said liberties were discontinued the year last past by default of the said barons, and the barons did not produce before them the charters thereof granted them, it seemed to the bailiffs and commonalty that the barons ought not to use those liberties without a grant of the king's special favour concerning the renewal thereof, that if the barons by virtue of the king's command ought to enjoy the same, they should use them in manner accustomed, namely every Sunday during the fair at the hour of prime before the beginning of high mass in the parish church, and that at the time of the delivery of the said writ that hour was past and high mass was begun, and so they had exceeded their time. By K. and C.
[Fœdera.]
Membrane 3d.
Dec. 24.
Westminster.
To Ralph earl of Stafford, William de Shareshull, James de Pype, Nicholas de Beek and Thomas Gegge of Neuport. Revocation of letters patent appointing them justices of oyer and terminer in Staffordshire, and command to stay altogether any further proceedings before them by virtue of that commission, sending to the king under seal of the said William the said commission, with all indictments, records and processes before them begun and not yet determined, and this writ, so that the king shall have them in the octaves of St. Hilary, to do further therein according to the law and custom of the realm.
By K. and C.