Oct. 26.
Westminster. |
To the justices of the Common Bench. Order, upon petition
of Robert Hulle the elder and Richard Trevaignoun, to proceed
in the cause hereinafter mentioned, the allegation of Richard now
abbot of Beaulieu Regis notwithstanding, so that they proceed
not to rendering of judgment without advising the king; as the
petitioners have shewn that they are impleading the abbot for
detinue of 200 marks, the said Robert in person and Richard
Trevaignoun by John Kay his attorney having averred that they
and Isabel wife of Robert (now deceased) and Joan wife of Richard
were seised of ten messuages, two mills and the moiety of one
Cornish acre of land in Tregonan co. Cornwall until unlawfully
and without a judgment disseised by John Gloucestre late abbot,
William Bray clerk and others, and that the now abbot is holding
those lands, shewing that by intervention of friends and at request
of the now abbot at New Sarum on Thursday [after] St. Margaret
8 Henry IV, in presence of William Hankeforde knight and
William Skrene, it was agreed that the now abbot should hold
all the premises to him and his successors, and the petitioners
and the said Joan should at his cost make to him and his
successors such assurance thereof as his counsel should appoint
at London in Michaelmas term following, for which the abbot
agreed to pay them 200 marks at New Sarum before Christmas
then following, and shewing that it was then appointed by his
counsel in the church of St. Paul London, namely by John
Tremayn, Thomas Emory and others, that by fine levied in the
king's court they should make a release of the premises to the
abbot and convent and to their successors, and for that their
claim was made by an entail by gift thereof to the ancestors of
the said Isabel and Joan, it was further appointed by counsel
that the gift should be by the abbot gainsaid at his cost, and that
no gift should be found, shewing that the petitioners have been
ready to perform these agreements, but that, although many
times required, the abbot has refused to pay the sum aforesaid,
damages 200l., that the abbot came by Richard Goolde his
attorney, and denied force and wrong, saying that by letters
patent (produced) dated Westminster 28 April 10 Henry IV,
reciting that by misruling of certain late abbots the said abbot
and convent of the Cistercian order, being the king's chaplains,
the abbey which was of the foundation of former kings and of his
patronage, were so impoverished and indebted to divers persons,
and they, their possessions and the live stock upon their manors
etc., which used to be great part of the maintenance of those
dwelling in the abbey, were so wasted, aliened and destroyed,
that if they should pay their debts and bear such charges no
livelihood would remain, and reciting great number of other
disadvantages to the house by excessive gifts, sales of great
timber, waste, ruin and dilapidation of houses, which by common
estimation might not with 1,000l., be repaired, wherefore they
must needs abandon the house, and so divine service must cease,
unless they shall have aid by the king's grace, in compassion for
the estate of the abbey and of his chaplains, that divine worship,
alms and works of piety there established for the souls of his
forefathers the founders thereof should flourish and increase, and
should be maintained for himself and for the souls aforesaid,
willing to make provision for relief and preservation of the abbey
and of religion therein, of the manors, lordships, lands, possessions
and goods thereto belonging, by his royal authority the king took
the abbey into his own hand, and all manors, lands, rents,
possessions and goods thereof, and committed to Henry his
brother bishop of Winchester the keeping and disposal of the
same as should seem most fit for the advantage and relief of the
house, rendering no account to the king or his heirs, so that all
issues over and above the needful maintenance of the abbot and
convent, their household, officers and servants in moderate
number should be applied in aid and relief of the house and to
no other uses, taking the abbey and the manors, goods etc.
thereto belonging into his protection, and willing that no harm
or loss should happen to the same by colour of the said letters,
and that the abbot and convent and the said guardian should
not be distrained or troubled for non-payment of charges or
debts to the king or to any others while in his hand, but should be
thereof quit, wherefore the abbot took it that the justices would
not proceed without advising the king, craving aid of the king,
and shewing that by reason of that allegation the justices have
deferred to proceed. |
