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Close Rolls, Edward III: November 1364

Pages 33-40

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 1364

Nov. 16.
Westminster.
To Walter de Kelby escheator in Lincolnshire. Order not to meddle with the abbey of Thorneton upon Humbre, now void by the death of Robert late abbot, or with its members during this vacancy, but to put one servant to keep the gate, and another to keep the guest hall for the advantage of that house and for the safety of the goods therein, saving to the king the keeping of any lands held of him which have been acquired by the abbots since the letters patent of King Edward I; as on 7 June in the 12th year of his reign, on the finding of an inquisition, taken by Thomas de Normanville escheator beyond Trent, that William de Fortibus earl of Albemarle and his ancestors, founders and patrons of the said abbey, and Edmund the then king's brother and Avelina his wife [who] had the advowson thereof, used to take no other profit in the abbey or its members in time of a vacancy but only to give licence to elect after the abbot's death when craved by the prior and convent, and to put one servant at the gate and another at the said hall during a vacancy, King Edward I of his favour granted by letters patent to the abbot and convent for him and his heirs that thenceforth they would claim nothing therein at any vacancy other than the said patrons used to have, but would preserve the abbot and convent in their ancient estate.
To Thomas de Wythornwyk escheator within the liberty of Holdernesse co. York. Order not to intermeddle with the lands belonging to the said abbey during the vacancy thereof, saving to the king the keeping of any lands held of him which the abbots have acquired since the letters patent of King Edward I; as the king has ordered the escheator in Lincolnshire etc. (as above).
The like to William de Reygate escheator in Yorkshire.
Membrane 8.
Nov. 5.
Westminster.
To William de Otteford escheator in Bukinghamshire. Order not to meddle further with the manor of Wengrave taken into the king's hand by the death of Margery who was wife of William Pyppard, delivering up any issues thereof taken; as the king has learned by inquisition, taken by the escheator, that the said Margery at her death held no lands in that county in chief in demesne nor in service, but held the said manor as jointly enfeoffed with her said husband (likewise deceased) of the gift and feoffment of Robert Pyle chaplain and Robert Holdyche to them and the heirs male of their bodies, and that the same is not held of the king.
Nov. 24.
Westminster.
To Edmund Cheyne keeper of the islands of Jerneseye, Gernerye (sic), Serk and Aurneye. Order, at his peril, to be before the king and council in chancery three weeks after Easter next, to inform them of the cause wherefore the esperquerie of congers and custom of mackerel of the men and tenants in Gernereye of the abbot of Mont St. Michel in periculo maris was taken into the king's hand, and of the right to him pertaining therein, which day has been given to the said abbot to do and receive what shall be lawful in the premises, so that by absence or default of the said keeper the king may not lose his right, and in case the said keeper has made any process against the said abbot and the prior of Vallia in the said island to him subject for usurpation or occupation in time past of the esperquerie and custom aforesaid, altogether to stay such process until debate be had whether the same ought to pertain to the king or to the abbot, releasing any distraint for that cause made; as on behalf of the said abbot it is shewn the king that though the abbot and his predecessors time out of mind were in possession of the said esperquerie and custom without any interference, as may appear by the record and process of a plea moved before the justices in eyre in the said islands in their last eyre, the tenor whereof the king has caused to come into chancery, the said keeper of his own will without due process has newly caused the said abbot and prior to be thereof ousted, seizing the same unlawfully into the king's hand, wherefore the said prior has prayed for remedy.
Nov. 22.
Westminster.
To the sheriff of Gloucester. Order to cause money up to 40l. to be laid out by view and testimony of the abbot of St. Peter Gloucester upon defects as well in Gloucester castle, in walls, turrets, buildings etc., as in the bridge over the river Severne there which are in greatest need of repair; as great number of defects therein much need repair. By K.
To the abbot of St. Peter Gloucester. Order, with the sheriff of Gloucester, to survey the defects as well in Gloucester castle as in the bridge over Severne there, to oversee the repairs thereof, and to give his witness of the sum to be laid out upon them; as the king has ordered the sheriff to lay out money up to 40l. on such repairs. By K.
Nov. 6.
Westminster.
To John de Tye escheator in Middlesex. Order not to meddle further with a messuage and 79 acres of land in Herfeld, and 20 acres of land in Ikenham and Hylyndon taken into the king's hand by the death of Isabel who was wife of Edmund Dauvers, delivering up any issues thereof taken; as the king has learned by inquisition, taken by the escheator, that the said Isabel at her death held no lands in that county in chief in her demesne as of fee, but held the premises in name of dower after the death of John Swanlond sometime her husband, and that the same are held of others than the king.
Nov. 10.
Westminster.
To the treasurer and the barons of the exchequer. Order, upon the petition of Thomas Spigurnell, to account with him touching a sum of money which he received at the receipt of the exchequer for a journey to Flanders which he made to treat with the late count of Flanders, father of the now count, concerning a contract for the marriage of the now count with Isabel the king's daughter, and for the days he stood on the king's service going to Flanders, there abiding, and returning to England, to allow him for every day such wages as they shall find allowed heretofore to other persons of his estate and condition sent by the king upon such a journey, and to do further what the nature of the account shall require; as on behalf of the said Thomas it is shewn the king that he is distrained by summons of the exchequer to account for the said sum, and that though he is ready so to account, the treasurer and barons have refused without command of the king to admit him so to do, and so he abode long time in the city of London at grievous expense, and is there abiding from day to day to the damage of his person and the impoverishment of his estate. Proviso that nothing be done without the king's special command with the surplus, if any. By C.
Membrane 7.
Nov. 10.
Westminster.
To the sheriffs of London for the time being. Order to pay henceforth to Margaret who was wife of John de Pulteneye for her dower the third part of a rent of 100 marks every year at Easter and Michaelmas by even portions, taking her acquittance for such payments; as the king by letters patent granted the said rent to the said John and to the heirs male of his body, namely 50l. of Queenhythe of the city of London and 25 marks of the farm of the said city.
Et erat patens.
Nov. 6.
Westminster.
To William de Otteford escheator in Cambridgeshire. Order to take the fealty of Richard son of Reynold de Wygenhale and to cause him to have seisin of a messuage and land in Fordham etc. (as above, p. 20); as for 40s. for his marriage paid by the said Richard, who is not yet married, the king has granted him that he may marry whomsoever of England he will.
Vacated, because otherwise below under this date.
Nov. 9.
Westminster.
To William de Reygate escheator in Cumberland and Westmorland. Order to cause Richard, son of Thomas de Hale and Margaret his wife, to have seisin of the lands which his said father held of his heritage by the courtesy of England, and which by his death are taken into the king's hand; as the king has learned by inquisition, taken by the escheator, that the said Thomas at his death held no lands in those counties in chief in his demesne as of fee, but held by the courtesy of England certain lands in Glassanby and Merghanby in chief by homage and the service of rendering 3s. 4d. to cornage at the exchequer of Carlisle, certain lands in Langholm in the forest of Inglewode as of a purpresture of that forest likewise in chief by fealty and the service of rendering 9s. at the said exchequer, and divers other lands of others than the king, all of the heritage of Margaret sometime his wife, daughter of Thomas de Neubiggyng and one of the heirs of John Crokedayk tenant in chief of the late king, that the said Richard, who was a minor at his said father's death, is next heir of the said Margaret, and now of full age, and that the escheators have by reason of his nonage occupied the premises, taking the issues and profits since the death of the said Thomas de Hale, who died on Thursday before St. Margaret in the 36th year of the reign; and the king has taken the homage and fealty of Richard, who is not yet married, and for 4 marks by him paid for his marriage has granted him that he may marry whomsoever of England he will.
Nov. 26.
Westminster.
To the bailiffs of Great Jernemuth. Order to cause diligent search to be made of all ships to be laded with herring to be by the king's licence taken from the port of Jernemuth and of Kirkeley, that no greater load of herring be put on board than is in such licence contained, causing all herring that shall be found on board beyond such load to be arrested as forfeit and safe kept until further order, and certifying such arrests in chancery from time to time; as the king has made order, and caused proclamation to be made, forbidding any man to take or cause herring to be taken out of the realm without his special command, and he is informed that certain who have licence so to do put on board the ships wherein such herring is laded a greater load than is in their licence contained. By K. and C.
Nov. 26.
Westminster.
To the bailiffs of Great Jernemuth. Order to take security, for which they will answer, of singular the owners and masters of ships wherein herring is laded to be taken to towns or other places within the realm, that they will bring such herring to the towns and places whither it is to be brought according to their charter, and will not take or cause the same to be taken out of the realm, and that they will bring again within a set time, to be by the bailiffs limited, letters of the lords or bailiffs of the towns and places where it is unladed witnessing the unlading thereof, not suffering ships so laded to pass from that port until such security be given; as the king has made order, and caused proclamation to be made, forbidding any man to take or cause herring to be taken out of the realm without his special command, and he is informed that merchants and others, who cause ships and boats in the port of Jernemuth and Kirkeley to be laded with herring to be taken to divers parts within the realm for maintenance of his people, when at sea without the said port cause great part of such herring to be brought to foreign parts. By K. and C.
Nov. 16.
Westminster.
To the sheriff of Northumberland. Order to pay to Thomas Rote, keeper of the gaol of the king's castle of Newcastle upon Tine, 47s. 4d. by him laid out upon the repair of the said gaol for safety of the prisoners therein, taking his acquittance. By K.
Oct. 28.
Westminster.
To Ralph de Neville keeper of the king's forest beyond Trent, or to his representative in Shirwode forest. Order to cause the wood of Lamleye within the bounds of that forest, which is of Amice who was wife of Ralph de Cromwell and is taken into the king's hand for divers trespasses against the assize of the forest therein committed, it is said, if replevisable according to the said assize, to be replevied to the said Amice until the coming of the king's justices for pleas of the forest in that county.
Nov. 20.
Westminster.
To Thomas de Brantyngham the king's clerk, treasurer of Calais. Order, of the issues of 40d. a sack levied and taken by order of the king and council for repair of the said town, to pay to John Phelippot and William Freman of Brakkele searchers of forfeitures at Calais 19l. 15s. 1¼d. to them due from the king, taking their acquittance; as it is found by certificate of the treasurer and the barons of the exchequer of England, sent into chancery at the king's command, that the said sum is due to the said John and William by their account rendered at the said exchequer. By C.
Nov. 6.
Westminster.
To William de Otteford escheator in Cambridgeshire. Order to cause Richard son of Reynold de Wygenhale to have seisin of a messuage and 24 acres of land in Fordam, which came to the king's hand by the death of William de Wygenhale of Fordam tenant in chief, and by reason of the nonage of Thomas his son and heir, and are in his hand; as the king has learned by inquisition, taken by the escheator, that the premises came to his hand as aforesaid, that the said Thomas died a minor in the king's wardship, that the said Richard, a minor at the death of Thomas, is his cousin and next heir, and is now of full age, and that by reason of the nonage of Thomas and Richard answer was made to the king by the escheators for the time being for the issues of the premises since the death of the said William, who died 20 September in the 33rd year of the reign; and the king has taken the fealty of Richard, and respited his homage until Midsummer next, and for 40s. for his marriage paid by the said Richard, who is not yet married, the king has granted him that he may marry whomsoever he will.
Membrane 6.
Oct. 16.
Westminster.
To Philip de Lutteleye escheator in Staffordshire. Order, upon the petition of Hugh Tyrel, brother of John son and heir of Hugh Tyrel tenant in chief, to cause him to have seisin of the manors of Kynefare and Storton and the bailiwick of keeping the king's forest of Kynefare, if the same are in the king's hand for the cause alleged and for none other, together with the issues thereof taken since 3 December last; as on 12 March in the 34th year of his reign, upon proof of the age of the said John, the king took his fealty, respited his homage for the lands of his said father, and commanded livery thereof to be given him; and after on 3 December last, the said John being dead, upon proof of the age of the said Hugh his brother and heir who was a minor at John's death, the king took his fealty, respited his homage for the lands of the said John, and commanded livery thereof to be given him; and now the said Hugh brother of John has prayed the king to order the premises to be delivered to him as his right and heritage, as the said Hugh his father at his death was thereof seised in his demesne as of fee, the said manors and bailiwick by his death and by reason of the nonage of the said John (whose heir Hugh is) were seized into the king's hand, and are in his hand for that John did not obtain seisin thereof in his life time; and it is found by divers inquisitions, taken by the escheator, that Hugh the father at his death held the premises in his demesne as of fee in chief by the service of rendering to the king 9l. a year at the exchequer, and that by the king's commission and by reason of the nonage of the heir, Edward atte Wode and his executors have occupied the same, taking the issues and profits from the death of Hugh the father, who died 29 January in the 17th year of the reign.
Oct. 20.
Westminster.
Order to John atte Wode, executor of Edward atte Wode, not to meddle further with the manors and bailiwick aforesaid by colour of any commission concerning the wardship thereof made by the king to hold until the lawful age of the said Hugh brother of John, delivering to him any issues thereof taken since 3 December last; as the king would discharge John atte Wode of the wardship from that date.
Nov. 28.
Westminster.
To William de Reygate escheator in Cumberland. Order to remove the king's hand and not to meddle further with a messuage and 8 acres of land in Corkeby, a messuage and the moiety of one acre of land in the Brigende in the same town, and a messuage and 12 acres of land in Agillonby, delivering to Richard de Salkeld and Adam Tounnam of Agillonby any issues thereof taken, namely to either that which pertains to him; as the king lately ordered the escheator to certify in chancery the cause wherefore lands of the said Richard and Adam in Corkeby and Agillonby were by him taken into the king's hand, and he returned that he so took no such lands of theirs as in the writ supposed, but that at the time of his succession to that office William de Nessefeld late escheator delivered to him by indenture the premises in Corkeby, which Gilbert del Hill held by homage of the king as of the fees which were of Andrew de Harcla late an adherent of the Scots and in the king's hand by reason of Andrew's forfeiture, and which he aliened in fee to the said Richard, the premises in the Brigende, which Isabel daughter of Peter de Pesto of Wederhale held by homage as of the fees aforesaid, and which she aliened to the same Richard, and the premises in Agillonby which Simon de Corkeby likewise held of the same fees, and which he aliened in fee to the said Adam without the king's licence, and that all are yet in the king's hand for that cause and in the escheator's keeping; and in the parliament holden at Westminster in the first year of the reign it was ordered that thenceforth no man should be impeached for acquiring lands held of the king as of honours.
Membrane 5.
Nov. 4.
Westminster.
To Thomas Cheyne escheator in Devon. Order not to intermeddle further with the lands which John de Claville at his death held of the heir of Hugh le Despenser tenant in chief, late a minor in the king's wardship, and which by death of the said John and by reason of the nonage of William his son and heir were taken and are in the king's hand; as the said William, son of the said John who was tenant by knight service of the said heir, has proved his age before the escheator, and on 26 March in the 30th year of the reign, on proof of the age of Edward le Despenser cousin and heir of the said Hugh, the king commanded livery to be given him of the lands of Hugh his uncle.
Nov. 26.
Westminster.
To Robert de Thorpe and his fellows, appointed to survey Huntyngdon bridge, which has been long ruinous to the nuisance of all the country and of men passing by, and to distrain and compel all who ought and are used so to do to repair the same. Order to proceed, according to the form of the king's commission and commands to them addressed, to cause all who according to a judgment delivered in the eyre of John de Vallibus and his fellows are bound so to do to repair the said bridge, a charter of King Henry [III] to John earl of Chester and Huntyngdon, and the king's writs thereupon made and to them addressed notwithstanding; as lately finding by the tenor of a record and process before the said justices in eyre of King Edward I in the county of Huntyngdon, which are in the treasury and were by the king caused to come before him in chancery, that the said bridge ought to be repaired by the commons of the whole county, namely by the four hundreds of Touleslond, Leghtonstone, Normancrosse and Hirstlyngstone, so that every hundred is bound to make its share thereof at its own cost, that judgment was given that all the commons of the said hundreds were in mercy for that the bridge was then and before in ruins and was not repaired, and that the sheriff was ordered under pain of forfeiture of 100l. to cause the same to be repaired at the cost of the commons of the county within a time then and there limited, the king commanded the said Robert and his fellows to view the record aforesaid, and cause all the men of the said hundreds to be compelled and distrained to repair the said bridge according to that judgment; and now the king is informed that the said Robert and his fellows, to the peril of the king, the commons of the county, and of all men of the realm wishing to pass that way, have deferred to proceed further in a process begun before them touching such repair, by virtue of a writ to them addressed directing them to suffer the men and tenants of the honour of Huntyngdon to use and enjoy the liberties and quittances in the said charter contained, whereby the said king granted to the said earl that he, his heirs and men, tenants of the said honour in counties or bailiwicks whatsoever, should be quit of toll, pontage, shires, hundreds, aids of sheriffs, works of castles, walls, dikes, parks, bridges and causeways, and of all custom, demand and servile toil; and the king takes knowledge that those who by reason of their tenure ought and are used of old time to repair bridges, causeways etc. ought not to be discharged thereof by any charter of the king wherein the charge of their tenure is not specified, that whereas by the record of the said eyre it is clearly found that the commons of the whole county are bound to repair the said bridge at their own cost, namely every of the said hundreds for its own portion, no part of the commons and hundreds aforesaid ought to be excused or acquitted of the repair thereof, which is acknowledged to be to the common advantage and its disrepair to the common hurt of the whole people, by the said general charter granted to the said earl, wherein no mention is made of the manner of tenure of the men and tenants of the said honour nor of the charge whereto they ought to submit in regard to such repair, and that in case they should be quit thereof by that charter the whole charge of such repair, which of old time pertained to them, would be laid upon the residue of the commons of the county, wherewith the other men of the county might nowise be charged without their common assent, so that for default of the men and tenants of the said honour the bridge should remain for ever in ruins unrepaired, to the peril and hurt as well of the king as of his whole people, since the public passage north and south is by the same. By C.
[See Calendar of Charter Rolls, III, p. 281.]
Nov. 20.
Westminster.
To the treasurer and the barons of the exchequer. Order, upon the petition of Ralph earl of Stafford, to search the rolls and memoranda of the exchequer, and if they shall find that 560l. 18s. 3d. of a sum of 640l. 18s. 3d. is due from the said earl, to allow him the former sum against the sum due to him from the king, and also 80l. for which he has made fine in chancery; as the said earl's petition shews that he is bound to the king in 48l. for the farm and wardship of the manor of Styuecle, in 412l. 18s. 3d. for a share of the marriage of Thomas brother and heir of William de Roos of Hamelak, in 100l. which he received of the treasury as a prest, and in 80l. by which he made fine in chancery for the said Thomas to the effect that he might enfeoff Richard de Stafford clerk and John de Aymunderby of his manor and castle of Chilham and manor of Addirlegh to hold under a set form in the king's charter of licence contained, and that divers greater sums are due to him of his yearly fee of 1,000 marks to him granted by the king to be taken by the hands of the collectors of customs in the ports of London and Boston, as by the said rolls and memoranda may appear.