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Close Rolls, Edward III: August 1371

Pages 242-244

Calendar of Close Rolls, Edward III: Volume 13, 1369-1374. Originally published by His Majesty's Stationery Office, London, 1911.

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August 1371

Membrane 18.
Aug. 5.
Westminster.
To Nicholas de Audeleye, John Moubray and Richard de la Bere. Order to command the making henceforth of any process against John prior of the house of friars of the order of Holy Cross by the Tower of London and brother Thomas Peytevyn late his fellow, the publication of the exigents wherein they are put by a process made before the said Nicholas, John and Richard it is said, and of outlawry against them, to be altogether stayed, but to proceed to the execution of their commission against others whatsoever according to the effect thereof; as lately learning by plaint of Thomas Peytevyn knight that the said prior and brother Thomas, Philip Lunteleye, William Golafre, Hugh del Brome, John Kynlet, William Bray bailiff of Stepelton, William de Mildenhale and certain other evildoers and breakers of the peace with arms drawn, being armed and arrayed in manner of war, repaired with force of arms to the said knight's manor of Twyvord in Erselone while he was under the king's special protection, being on his service in Aquitaine in the company of Edward prince of Aquitaine and Wales, besieged the said manor, holding free men and servants of the said knight therein beseiged for ten days, entered the same by assault, drove thence the said free men and servants, divers times broke the said knight's houses there, took 24 oxen and 500 sheep of his there found, price 120l., carried away the said oxen and 200 of the sheep, killed the residue of the said sheep, and took and carried away his goods and chattels to the value of 600l., assaulting, beating, wounding and abusing the said men and servants wherefore he lost their service a great while, and inflicting on him other grievous wrongs contrary to the said protection, in breach of the peace and of the statute for not carrying arms contrary to the peace, the king not willing to leave their contempt and trespasses without punishment by letters patent appointed the said Nicholas, John and Richard and two of them, of whom John Moubray should be one, justices to make inquisition by true men of Herefordshire concerning the names of the evildoers who with the said prior etc. so did, and concerning the contempt and trespasses aforesaid, and to hear and determine the same; and on behalf of the said prior and brother Thomas the king has learned that certain men, scheming to deprive the said Thomas late a friar of the heritage falling to him after the death of John Peytevyn his father, compelled him at that priory to take the habit of religion in order thereby and by his profession in the order aforesaid to debar him from action for his said heritage, that if this was done it was done within his age of 14 years, namely within the time by law forbidden, and ought to be reckoned as null, that the said late friar by compulsion and against his will had for some time his conversation in the said order, habit and religion, and after being within his said age with the knowledge and by permission of the said prior and the brethren withdrew therefrom as lawful was, casting off the habit thereof, and Simon bishop of London having information concerning the premises commanded the said prior and the convent to attempt, procure or cause nothing to be done against the said late friar at the cost of his freedom as appears by notarial instruments and the bishop's letters produced in chancery, wherefore prayer is made to the king to save harmless the said prior and late friar, as at the suit of the said knight the said justices by virtue of their commission have made and are making processes against them concerning the said trespass to their cost and grievance and to the peril of the late friar's disherison; and considering the nature of the attempts aforesaid and great number of other matters affecting this business and the disherison of the said late friar which are laid before the king and council, the king would deal the more favourably with them. By C.
Mandate to the sheriff of Hereford to stay the publication of the exigents and of outlawry against the said prior and Thomas late a friar.
To Richard de la Bere and his fellows, guardians of the peace and justices of oyer and terminer in Herefordshire. Order to stay altogether any further process against John prior of the friars of the order of Holy Cross by the Tower of London and Thomas Peytevyn late a friar his fellow by colour of any indictments before them made, but to send the king under their seals or the seal of one of them the indictments for the evildoings whatsoever for which the said prior and Thomas are so indicted with all things concerning the same, also this writ, so that the king shall have them in the octaves of Michaelmas next and further deal with them according to the law and custom of England, and to command the publication of the exigents and of outlawry against them to be altogether stayed; as on behalf of the said prior and Thomas it is shewn the king that they with others are indicted before the said justices by certain their enemies, of their malice scheming to deprive the said Thomas of the heritage falling to him after the death of John Peytevyn his father, for certain alleged trespasses at Tuyvord in Erselone committed against Thomas Peytevyn knight, namely the said prior by the style aforesaid and the said Thomas by the name of Thomas Peytevyn friar his fellow, and notwithstanding that the said late friar being within his age of 14 years with the knowledge and permission of the said prior and the brethren of the priory as lawful was cast off the habit of religion and withdrew, and so remains free of himself, they are by process before the said justices upon the said indictment put in exigents to be outlawed in that county, to their cost and grievance and the peril of their life, wherefore prayer is made to the king to save them harmless; and as well by notarial instruments as by letters of Simon bishop of London produced in chancery the king is assured that the said late friar withdrew from the order as aforesaid and is free of himself, and considering great number of other matters affecting the business and his disherison which are laid before the king and council the king would the more favourably deal with them. By C.
Aug. 12.
Westminster.
To Richard de Imworth keeper of the marshalsea prison before the king. Order to set free from prison Robert Sorel, William Vitande, Giles del Coteur, John Goneley and John Potter who are there imprisoned under his custody; as the king has given them licence to pass without let to Flanders by the river Thames. By C.
Aug. 30.
Westminster.
To the collectors in Lincolnshire of the subsidy last granted to the king by the clergy of the province of Canterbury. Order, upon the petition of the prior of Spaldyng, if assured that he or his predecessors after the 20th year of King Edward I acquired to them and their house certain lands in Spaldyng, Pyncebek and Multon, and that the same are taxed towards the subsidy last granted by the laity, to stay altogether their demand for the subsidy for the lands so newly acquired; as his petition shews that though he is ready with the laity to pay the subsidy upon these lands according to the ordinance, the said collectors without consideration thereof are endeavouring by ecclesiastical censures to compel him to pay to the king's use the subsidy granted by the clergy for the said lands, which are taxed among the laity, praying for remedy; and it is not lawful nor reasonable that he should pay as well the subsidy granted by the clergy as that granted by the laity for the same lands. Proviso that he shall pay as well the subsidy granted by the laity for the lands newly acquired as aforesaid as that granted by the clergy for all other his lands acquired before the date above mentioned.