BHO

1244, membranes 11d, 10d, 8d, 7d, 6d, 5d, 4d, 2d

Pages 437-444

Calendar of Patent Rolls, Henry III: Volume 3, 1232-1247. Originally published by His Majesty's Stationery Office, London, 1906.

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1244, membranes 11d, 10d, 8d, 7d, 6d, 5d, 4d, 2d

MEMBRANE 11d.

1243. Dec. 1.

Covenant made the morrow of St. Andrew at Westminster between the king and earl Richard his brother touching all the demands and rights which the earl says he has in all lands, castles, counties, honors, and knights' fees, as well in England and Ireland, as in parts beyond and this side the seas, which king John, their father, ever had when he was count, and touching which the earl has submitted himself to the will and disposal of the king.

The earl quit-claims to the king and his heirs all demands and actions, right and claim which he had to this day in whatever of the above king John had when he was count, saving the county of Cornwall the honor of Walyngford, the honor of Eye, with all castles, towns, advowsons of churches, which he had on the day of the covenant made between the king and him touching him and lady Senchia his wife and the heirs of their bodies. He also quit-claims to the king the right and claim which he had in Gascony by reason of the gift which the king made him of it at Saintes or by any other reason, unless the king confer Gascony upon him again of his mere liberality.

And for this the king grants that he or his heirs will grant to him and Senchia his wife and the heirs of their bodies land to the value of 500l. a year of escheats that may fall in in England. And this as soon as the said escheats fall in, except castles and ancient demesne belonging to the crown, by extent made by juries of the vicinage, and so that the king shall hold no escheats in his hands until this is done, to hold by the services pertaining to such lands ; and if the earl have no children by her, to hold for their lives, with reversion on the death of either. And in the meantime they shall have 1000 marks a year at the Exchequer of London, the proportion of the said escheats to be deducted therefrom as they receive them, to wit, for every 100l. of land assigned 200 marks shall be deducted at the Exchequer, and so soon as the full amount of 500l. of escheats is assigned, the 1000 marks at the Exchequer is to cease. Also at every assignment of an escheat the king shall make them a charter, and at the end one charter of the total.

Witnesses:—W. archbishop of York, R. bishop of Chichester the chancellor, W. bishop of Carlisle, P. bishop of Hereford, William de Cantilupo, John son of Geoffrey, Ralph son of Nicholas, Bertram de Cryoyl, Hugh de Vivona, Philip Basset, Robert Passelewe, John Maunsell, Master Henry de Secusia, Guy de Russilun, Artald de Sancto Romano, W. de Eboraco provost of Beverley, and others. [Fœdera.]

Quit-claim by the said earl as above of all that king John had as count and of all that he could have in Gascony by reason of the grant at Saintes.

Dec. 22. Wallingford

To Master Robert de Ludelawe. In reply to his letters the king cannot sufficiently express his surprise that whereas, trusting to his discretion, he sent him to restrain the folly of lay persons lest they should attempt anything which might be to the detriment of the king's cause against W. de Ralegh the bishop, he has done what even a lay person ought not to have done, in arresting both within and without the church the goods and victuals which the bishop had caused to be brought from the parts of Norfolk, and in calling for armed force to perpetrate such things as the king abhors to express in writing, and such as, if he wished to have had done, which God forbid, he would not have ordered to be done by a clerical hand. Hence the king is moved not a little and commands him upon sight hereof to cause all the bishop's goods arrested by him as well in church as without and also all goods arrested by reason of the bishop to be delivered, and to abstain from the execution of the other cruelties contained in his letters. For although the king intends his appeal and those who adhere to him therein to be defended by the said Robert, he does not wish any cruelty to be committed against others, but rather that he shall pursue a middle way in the protection of the king's appeal and party, and be chargeable neither with harshness nor negligence. He therefore commands him to observe the orders which he had from the king by word of mouth, and which the king formerly demanded from the sheriffs and other bailiffs, and if he is in doubt on any point to seek the king's counsel before attempting any new harsh thing.

MEMBRANE 10d.

1244. Jan. 1. Windsor.

To the guardians of the bishopric of Winchester. Although the king has appealed against W. de Ralegh the bishop in the words above [see Membrane 11] and after the appeal which the king made by the counsel of such men of the realm learned in the law as he could then have, and although he consulted the masters of Oxford reading in law (magistros in jure legentes) and others, men of religion and learned in the law, and the said appeal was approved by all, yet the said bishop has nevertheless entered the said bishopric, celebrated orders, and proffered divers sentences of excommunication and suspension and has now excommunicated the mayor and bailiffs of Winchester contrary to the king's privileges prohibiting anyone from proffering such sentences except by authority of an apostolic rescript making special mention of the said privilege, and has placed the city of Winchester under interdict, all which things, as they blacken the king's fame, he cannot pass by.

Therefore he commands the said guardians to call together the abbot of Hyde, the prior of the Friars Preachers with two or three of the friars, the guardian of the Friars Minors with as many friars, and other religious men, and go to the said bishop and cause all the above to be read word for word, and offer on the king's part that he is prepared to send forthwith to Paris to all the masters regent in law (magistros in jure ibidem regentes) and others learned in the law who can be found, and if they declare the king's contention to be frivolous, the king will recall his proctors from Rome and will do whatever the bishop desires ; but if they find the king's contention reasonable, the bishop shall go out of the said bishopric, and the clerks whom he has ordained shall remain suspended and he shall revoke all that he has done, according to the award and counsel of the masters, and if he refuse then to do this the king shall so proceed against him that, taught by the penalty, he shall perceive that he has erred.

Having read all these things before him, the said guardians shall cause to be placed after the seal of these presents the seals of those witnessing the reading and the above offers, and the bishop's reply, and the day and year of the reading, and they shall then publish all these things to the clergy and people of Winchester, and keeping a copy, send the said letters to the king.

Further, although the king expects that his appeal will be approved by the masters of Paris, nevertheless the king will hear the judgment of the pope upon his appeal and he will do whatever the pope adjudges. But if the bishop refuse everything and by his excessive ambition in thus remaining in the bishopric and administering it against God and justice, elect to offend, they shall once more appeal to the Apostolic See touching these new grievances, and to the elect of Canterbury for protection.

Jan. 11. Westminster.

To the said guardians, the sheriffs of Southampton and Surrey and all the king's bailiffs of the said bishopric. The king has lately heard that the said bishop, after his lawful appeals to the pope concerning his many injuries and great grievances, has denounced Master Henry de Secusia, king's special clerk, and proctor in this matter, and certain monks of St. Swithun's, Winchester, adherents of the king, and has placed others under sentence of excommunication, which the king revokes as a grievous error committed in his court. He therefore commands them, that if the bishop, against the king's appeals lawfully made at the Apostolic See, enter the bishopric of Winchester to exercise the episcopal office, neither to lodge him nor permit him to be lodged by any lay person, nor any of his clerks, nor any of those who bear themselves as his officials; and to prohibit all lay persons of their bailiwicks from making contracts or having commerce with these, and they are to take and keep until further order all persons doing so; especially as the bishop made the above attempts after the publication of the king's appeals, and when the official of the elect of Canterbury, to whose protection the king had appealed, approved the causes of the said appeals; and pronounced whatever was attempted against them as void and of no effect; and the king, his clerks and adherents to be in the same state as at the time of the said appeal. These pains are to be exercised against the bishop and his so long as they are in the bishopric of Winchester and not without, and they are first to have four days' notice to quit the bishopric.

Jan 12. Westminster

To the pope. Be it known to the pope that the king appealed against the said bishop. Afterwards, however, as the said guardians could not find the bishop in the parts of Winchester, on 8 January the said letters were read in the presence of W. de Ralegh, the bishop, and in the presence of the abbots of Westminster and Tichesfeld, Walter prior of the Friars Preachers, London, Master Alexander le Secular, John de Gatesden and others, religious and lay, at Suwerk, to which the bishop answered and to his answer the king made replication thus, although the king asked nothing of W. de Ralegh the bishop, but offered him with all courtesy and humility divers means whereby he was prepared to do whatever he ought, saving his appeal, nevertheless he gave an insufficient and unjust answer, as follows :—

'Whereas he received letters of the pope containing that he absolved him from the cure of the church of Norwich and with the consent of the cardinals preferred him to the church of Winchester, supplying by his plenary power (plenitudine) any defect of postulation, by virtue of which letters he enjoined upon him to enter the church of Winchester and execute his office ; if according to the king's petition against the exercise of his jurisdiction, he submitted to the examination of the masters of Paris, he might seem to be doubting canonical sanction.

the king makes replication extra judicium and saving his appeal, that whereas the pope writes precisely that he will admit exceptions against his mandate, and the king put in such exceptions, which if the pope heard, he ought to have admitted them, and not to have proceeded to the translation of the bishop or granted the letters which the bishop says he received from him against all canonical sanction ; the bishop ought to have admitted the said exceptions, and until the king should be certified of the same by the pope, should have abstained from entering and administering the bishopric unless he wished to abuse the grace which he says was made to him, even considering the plenary power; and that that and all things contained in the letters were obtained by stealth and falsity, as appears in the king's appeal. And if the principal did not hold, the consequent was of no avail.

Against the second argument the tenor of which is as follows :— 'And whereas the said exceptions are put forward to destroy the deed of the pope, and by the effect of them it might seem that he who protects rights might have occasion of doing injury, as the less should not have the greater authority, the said masters should be denied any power of discussion, never having asked the pope's authority on the above matter, and their presumption as well as their examination would be to the prejudice of the Apostolic See':— the king makes replication extra judicium and saving his appeal. That he in no wise proposes to undo what has been done by the pope, but to expose the said stealth and falsity and to reform what the pope was circumvented to do, which at another time may be read to have been done in the decretals and laws and decrees, nor did he offer the examination of the masters of Paris to make any definite discussion, but to view the causes of his appeal, and state whether they were reasonable.

Against the third argument, the tenor of which is as follows :—

'If without offence against law, the discussion of the said [masters] could take place, yet to submit to their sentence would neither be congruous to the utility of the realm nor fitting for the king's majesty. For, as there are in both laws most experienced men in the realm, it is not fitting to invoke those of another country, as that imputes either that the king distrusts the fealty of his own or reputes their counsel insufficient in the premisses, which is not becoming to the king's highness, which according to the statutes should be distinguished not only by arms but by laws, especially as in times past the great princes of the world in their doubtful causes used to seek the counsel of the king's predecessors, and in all things accept what was formulated in the convocation, of even the unlearned men of England':—

the king makes replication extra judicium and saving his appeal. That, as he made his appeal by the counsel of such men learned in the law as he could then have, and afterwards consulted the masters of Oxford, regents in law, and other religious men, it is clear that the king did not distrust his own men learned in the law. But as the bishop has refused the offer made to him by Master Henry de Secusia, as is contained in the king's appeal, he exposes himself to the charge of distrust which he imputes to the king, and he would soon acknowledge this if he had counsel with his superiors. And because he refuses the counsel of the masters of Paris as set forth in his answer, for this new grievance, the king appeals to the Apostolic See, and to the protection of the elect of Canterbury and renews his old appeal, as is contained in his letters. He adds also that his offer of the masters of Paris proceeded from the utmost humility and equity, and in order that the pertinacious and ambitious will of the bishop should appear clearer than light, for, when the bishop has refused the counsel or cognisance of the men of the realm learned in the law, anyone would believe that he was moved by just and probable reasons, as suggesting that no one in the realm shall dare to speak against the king's will ; and it was therefore that the king offered the full cognisance of the masters of that city which he hates above cities as the one which his chief enemies rule and frequent, and the king would not have offered this so boldly, had his right not been most clear. Wherefore, as the bishop has refused the full congnisance of subjects and non-subjects, of friends and enemies, he has sufficiently shown by what spirit he is led.

Against the fourth point, the tenor of which is as follows:—

'Whereas the king by his letters containing the causes of his appeal seems to suggest that the bishop proceeds as one being stronger than himself in the realm, the bishop replies that he never proposed to resist the king's will by secular or other power, but is always anxious to obey in all things congruous to the king's dignity and if he have attempted anything against justice to the king's prejudice, to correct the same, provided that in the execution of the office bound upon his shoulders by authority of the Apostolic See, neglect cannot be charged to him':—

the king makes replication extra judicium and saving his appeal. That the bishop's deeds directly contradict his words, whereat he grieves, and what things have been attempted by him in prejudice of the king and in his great contempt, though not in the whole yet in part is sufficiently declared in the king's letters which were read to the bishop yesterday, wherein the king's offer of the cognizance of the said masters is contained, and if he wished to correct himself about these things he would do well, for whoever is an executor in his own cause is not listened to by the world. The bishop is also in no little contempt of the Apostolic See, which protects everyone justly appealing, inasmuch as he has promulgated (in deed because he could not do it by right) his sentence of excommunication against Master Henry de Secusia, the king's counsellor and proctor in this cause, after the said appeal and the licence which he had received from the friends and his household of Winchester, and after he had already started his journey for the sake of prosecuting this cause. But certainly 'what he did to one of the least of his, &c. And he who touches you &c.' and no wonder because he is part of his body.

MEMBRANE 8d.

Feb. 26. Marlborough.

To the abbots, abbesses, priors, prioresses and other prelates, rectors and priests of churches of the bishopric of Winchester. The king is sending to them letters of the official of B. elect of Canterbury, and his executors, touching protection, granted to the king, and his, and his adherents in the king's appeals against W. de Radleg the bishop, commanding them kindly to hear them and see, after they have been presented to them, that they are observed, and to do nothing against them to the prejudice of the king's appeals and the said protection.

Mandate to the sheriffs of Southampton and Surrey to cause the letters of the said official and his executors touching the said protection to be borne to those to whom they are addressed, when so required by the bearer of the king's letters : and when these letters have been shown to them and their answer heard, they are to restore them to the bearer.

Mandate to the abbess and convent of Winchester to treat honourably Joan de Bidon and Margery de Tornay and their accomplices, the king's adherents, and to inflict no evil upon them because of this.

MEMBRANE 7d.

April 8. Westminster.

Request to P. bishop of Hereford : to grant dispensation according to the pope's mandate to John Maunsel, king's clerk.

The like to the same in favour of Guy de Russilun, Peter Chaceporc and Master Henry de Secusia.

April 10. Westminster.

Appointment of Roger de Thurkelby to hold the pleas of the crown within the liberty of the abbot of Westminster at Westminster five weeks after the close of Easter. He is to let the abbot have the Capitula of the said pleas, and to associate with himself those he thinks fit to hear the said pleas and do what pertains to justice according to law and the custom of the realm.

April 18. Westminster.

The like of W. de Eboraco and Henry de Bathonia, with those whom they associate with themselves, to hold the pleas of the crown at the Tower of London, and the mayor, sheriffs, barons and others of the city of London are commanded to be intendant to them.

MEMBRANE 6d.

April 23. Westminster.

The like of G. de Segrave, justice of the forest, Geoffrey de Langele and Laurence de Sancto Albano to make an inquisition on certain articles enjoined upon them touching the king and the forest in the counties of Southampton, Wilts, Somerset, Dorset, Berks, Devon and Oxford.

The like of Jeremiah de Kaxton, Richard de Clifford and Thomas de Newerk in the counties of Gloucester, Essex, Hereford, Stafford, Salop, Huntingdon, Worcester and Rotelaund. Afterwards Philip de Couele was associated with them.

5 Id. Maii. Reading.

Protestation by the chancellor and the university of students of Oxford that the king made the following grant to them during pleasure, of his special grace, to wit, that in the causes of clerks arising from loans given or received, &c. [as above, Membrane 6] the king's prohibition shall not run, but these causes shall be brought before them. And that this grant shall not turn to the king's prejudice hereafter, the following have attached their seals to this protestation for the university, to wit, the prior of the Preachers, the minister of the Minors, Master S. de Bovill, chancellor of Oxford, Master Thomas, archdeacon of Lincoln, Master John, archdeacon of Cornwall, friar Robert Bacun.

MEMBRANE 5d.

May 25.

Acknowledgment by Roger de Monte Alto, steward of Chester, of the receipt from the king of the castle (sic) of Mold, to hold on the condition, mentioned above. [See Membrane 5.]

Protection with clause columus for Humo de Crevequer, who is sent on the king's service for the defence of the sea, for himself, his knights and serjeants, so long as they are in the said service: and exemption of them from suits of counties and hundreds and from all pleas except pleas de dote unde nichil habet, assize of novel disseisin and darrein presentment.

The like for :—

Reginald de Berneval, for himself.

John de Busceby.

Walter de Brion.

Peter son of Ralph.

The like for the following, going on the king's service to Scotland and Wales:—

Michael le Butiler.

William de Brausa.

Ralph de Sancto Amando.

William de Sancto Georgio.

John de Burgo.

William Bardolf.

William de Senevill.

Robert de Tateshal.

Robert de Tateshal the younger.

Herbert de Denmede.

Richard de Radinges.

Geoffrey de Bello Campo.

John Talebot.

Gerard his brother.

John de Curtenay.

Ralph de Sancto Amando.

Thomas Bacun.

Peter de Anesy.

John de Curtenay.

Walerand Teutonicus.

MEMBRANE 4d.

June 18. St. Edmunds.

Bond by Matthew de Leyham to William de Huntingfeld in 60 marks for the custody of the land and heir of Robert de Audeby with the marriage of the heir, 10l. to be paid to the said William, his heirs or assigns, at Michaelmas, 28 Henry III, and the following Christmas, Easter and Midsumer respectively, and upon his failing to pay at any term the sheriff of Norfolch to do so out of his goods without delay and with or without the king's writ, and in case of his death the sheriff shall in like manner distrain his executors, before they make any execution of his goods, unless they give the said William security that they will pay ; and then they may execute his will. For greater security he has caused this present writing to be enrolled in the rolls of the Chancery at St. Edmund's 18 June. Witnesses :—Sir Philip Basset, Sir Robert de Shotindon, Sirs Hubert de Ruill[y], Robert de Leyham, knights, Roger de Ponte, Matthew de Merston, William de Kerston and others.

To the abbot of Pontigny, the dean and archdeacon of Auxerre. As by special indult of the pope, no one of the realm should be drawn into a cause in an ecclesiastical court without the realm by papal letters, and the prior of Lanthony without. Gloucester is cited on certain matters not belonging to an ecclesiastical court but purely to the king's dignity, such as has been prosecuted in the realm time out of mind, to wit, by the archbishop of Armagh before the said abbot, dean and archdeacon by papal letters. The king therefore appeals to the pope against their proceeding in this matter contrary to his privilege, and has appointed William de Lantony, clerk, as his proctor to renew his appeal, if necessary, in their presence.

MEMBRANE 2d.

To the chapters of cathedral churches and of the order of Friars Minors in Ireland. Whereas divers good men of the order of Friars Minors have prayed the king to grant to them that no friar of that order shall be elected to any dignity of an archbishopric or bishopric in Ireland henceforth, or if elected that he shall not obtain assent to his election without the consent and testimony of his provincial minister and the discreet friars of his order, the king grants their petition, and commands the said chapters not to elect or permit the election of any friar except in the said form, as the king will certainly not give his assent to the election of any such friar as archbishop or bishop.

Mandate to M. son of Gerold, justiciary of Ireland, to prohibit such elections.