Parliament Rolls of Medieval England. Originally published by Boydell, Woodbridge, 2005.
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'Edward III: May 1366', in Parliament Rolls of Medieval England, (Woodbridge, 2005) pp. . British History Online https://www.british-history.ac.uk/no-series/parliament-rolls-medieval/may-1366 [accessed 13 April 2024]
In this section
1366 May
Introduction 1366
Westminster
4 - 11 May
(C 65/24. RP , II.289-293)
The parliament roll for 1366 is C 65/24, a roll of 2 membranes, each approximately 310 mm. in width, sewn together in the chancery style. In addition, a schedule has been sewn to the roll at the bottom of membrane 2. The schedule, measuring approximately 400 mm. by 510 mm., contains details of the case of William Septvans (see below). The condition of the roll is generally good, although gallic acid stains at the top of membrane 1 render certain sections illegible. There are also gallic acid stains on both the left- and right-hand sides of the attached schedule. The text, written in a small, clear chancery script, occupies the rectos of the membranes only. The dorses are blank, apart from the later note, 'Parl. 40 E. 3', at the top of membrane 1, and the heading, 'Rotulus parliamenti de anno regni regis Edwardi tercii quadragesimo', at the foot of membrane 2. There are no marginal headings. Arabic numerals throughout the roll are later. The roll does not appear to be incomplete. It makes no mention of a clerk of this parliament.
The parliament of 1366 was summoned by writs dated 20 January to assemble at Westminster on 4 May. The list of lords spiritual and temporal in receipt of summonses was identical to that for the parliament of 1365, with the single and notable addition of Michael de la Pole, the eldest son of the merchant-financier William de la Pole. Michael had seen active military service during the 1350s in the retinues of Henry of Grosmont and the Black Prince; in 1361 he had also married the heiress of Sir John Wingfield and was therefore expected in due course to take up the Suffolk lordships of his wife's family. But the particular timing of this summons may be more satisfactorily explained by the mortal illness of Michael's father, who had made his will the previous August: it is possible that the crown saw William's extensive holdings as providing the basis (in due course) for a new, well resourced and therefore uncostly elevation to the titled nobility. (fn. f1366int-1) Meanwhile, the ranks of the official element in parliament were once more swollen by the issue of summonses ex officio not only to seven of the royal justices and king's serjeants but also to six important royal clerks prominent in the king's diplomatic service. The names of all but one of the 74 shire representatives, and of 112 citizens and burgesses, were printed from the surviving election returns and writs de expensis in 1878. (fn. f1366int-2) Since then a further election return, for Buckinghamshire, has come to light, confirming the identity of the two knights known from the writs de expensis but providing two additional names of burgesses: Thomas Gervys and William atte Dene, the representatives for Wycombe. (fn. f1366int-3) The parliament of 1366 is also the first in the reign of Edward III for which we have extant returns of the representatives ('barons') of the Cinque Ports, two representatives each for the towns of Dover, Hastings, Hythe, New Romney, Rye, Sandwich and Winchelsea. (fn. f1366int-4) There is also some evidence for the appearance of a clerical proctor of the lower clergy in this assembly. (fn. f1366int-5)
Almost a year and a quarter passed between the parliaments of 1365 and 1366: given the crown's statutory commitment to hold annual parliament, confirmed in 1362, (fn. f1366int-6) it may be more than a complete coincidence that the writs of summons for the assembly of 1366 went out exactly a year to the day from the date of assembly of the parliament of 1365. Certainly, there was no evident fiscal agenda: the wool subsidy granted by the previous assembly was due to continue to Michaelmas 1368 (parliament of 1365, item 9), and there could be no grounds at this point, with the truces holding with France and Scotland, for requesting a grant of direct taxation. The opening speech, made by the chancellor, Simon Langham, on the first day (4 May) dwelt instead on the king's gratitude to his English subjects for their continuing support for his enterprises (the emphasis on England being 'ten times more delightful, honest and profitable to him' than any other parts of his dominions is an interesting reflection on what the members of the English parliament wished to hear from their monarch), and invited all those wishing to make private petitions to come forward and deposit their bills with the receivers by a date not specified, in this case, on the parliament roll (item 1). It is particularly to be remarked that the parliament roll for 1366 provides no evidence that the commons were either granted permission, or sought, to register common petitions. This matter has been rather overlooked in the secondary literature: precisely because the parliament of 1366 dealt in matters of a particular and often private nature, it has rarely been subjected to much scrutiny.
On the next day, 5 May, the chancellor appears to have addressed both the lords and the commons separately on the same matter: namely, the king's desire to be rid once and for all of the technical subjection to the papacy into which King John had implicated his successors through offering feudal homage to Innocent III (items 7-8). The focus of the debate was the 1,000 marks that was theoretically payable to the curia each year from England: this was clearly likely to incite parliament, which for the previous quarter of a century had much to say about the wastage of money in various revenues, taxes and other dues taken by the papacy and the cardinals. In fact, Peter's Pence, as this particular tribute was known, had long been in arrears and was in practice uncollectable. The larger context, however, was the highly charged atmosphere of suspicion towards the papacy that had erupted in the parliament of 1365, and a desire both to symbolise and to protect the independence from papal interference in diplomatic strategy and ecclesiastical patronage that had been the object of the Statute of Praemunire of 1365. The response given by the lords (including, quite explicitly, the prelates, who had discussed the matter among themselves as a separate group) was interesting: since King John had never consulted his subjects on the matter, the subjection was invalid. An ordinance was accordingly issued, recorded on the parliament roll, formally confirming the withdrawal of subjection and of Peter's Pence and stating that King John's actions had not only been taken without consent but were also contrary to the coronation oath (item 8). (fn. f1366int-7)
5 May also saw the hearing (in this case before the great council, with no involvement from the commons) of an important case provoked by petitions from the universities of Oxford and Cambridge on the one side and the four orders of friars on the other, concerning a major dispute that had flared up over the previous year with regard to the age limits set for recruitment to the mendicant orders (and thus, by extension, of admission to the universities) (items 9-12). Urban V had already involved himself in the matter in 1365, which is why, when the lords declared in favour of the friars by ordering the repeal of the universities' statutes banning the admission of men under the age of 18, it also specified that process undertaken or to be undertaken on the matter in the curia was invalid (item 11): the great council was supporting the crown's more general strategy of claiming a form of sovereignty over matters previously considered in the cognisance of the pope. (fn. f1366int-8)
There is no further record of business on the parliament roll between Tuesday 5 May and Monday 11 May: the roll merely states that the great men were 'occupied from day to day on many matters touching the king and the realm' (item 13). Quite what the commons were doing during this period, given the fact that they were not apparently allowed the opportunity to present common petitions, remains something of a mystery. The record of proceedings in plenary session for 11 May recounts the creation of the king's son-in-law, Enguerrand de Coucy, as earl of Bedford. Coucy was one of the French noblemen who had been sent to England to stand as hostages for the ransom of King John II under the terms of the treaties of Brétigny and Calais of 1360; he had married Edward's eldest daughter, Princess Isabella, in July 1365. In accordance with contemporary practice, his elevation to a major peerage was conducted in parliament; the fact that the honour remained the king's to bestow is, however, emphasised by the fact that the name of the earldom was left to the king. (Coucy's charter of creation was dated 11 May in recognition of this discussion in parliament.) (fn. f1366int-9) Given that it was technically within the king's right to demand an aid from his feudal tenants to support the marriage of his eldest daughter, it is to be noted that Edward III had made no attempt in the summer of 1365 to exact such a levy, and evidently had no intention of seeking consent for it in this parliament: it was one of the casualties of the new fiscal dispensation in which the crown restricted its prerogative rights in return for continued parliamentary subsidies. (fn. f1366int-10)
The final item of business conducted in the parliament of 1366, during its final plenary session on 11 May, was the hearing of evidence relating to the case of William Septvans (items 14-16). The summary of the decision taken in parliament on this matter is the last substantive business on the roll itself (items 14-15), but a schedule containing the details of the case as brought into parliament is sewn to the roll. The record contained in the schedule was also transcribed verbatim into letters patent granted to Septvans on 1 March 1367. (fn. f1366int-11) The case was instigated by a royal instrument of 13 April 1366 charging John Cobham, Thomas Ludlow and William Waure to inquire into an allegedly fraudulent proof of age returned for William Septvans, on the basis of which the latter had recovered his father's lands held in chief of the crown (item 16). Given that this writ was dated from Rushenden in Sheppey, close by the contested estates in Kent, and warranted by a letter under the signet, it seems likely that allegations of nefarious practice had reached the king during a visit to the county, and that he personally instigated the resulting action. This immediate intervention may also explain why the record of the subsequent inquest, taken at Canterbury on 21 April 1366, was brought into parliament in May: under normal circumstances, the matter could have been dealt with perfectly satisfactorily by the council, and it may already have been proceeding via the court of the exchequer, given that it was introduced into parliament by the chief baron of the exchequer. However, while the case certainly raised important issues about the king's rights to retain wardship of the lands of deceased tenants in chief until the heir come to full age (a matter of some special concern to a regime that, during the 1360s, was emphasising and enforcing its rights in these respects), (fn. f1366int-12) it is evident from the wording of the record attached to the parliament roll (' ... as much for the indemnity of the same king lest the custody of the aforesaid lands and tenements be lost by this deception, as for the indemnity of the aforesaid William lest he be disinherited during his minority ... ') that it also highlighted a crucial principle about the integrity of those estates and the rights of the heir.
The record of the inquest at Canterbury revealed that, once the first (and false) proof of age had been held, a whole range of unscrupulous individuals had secured enfeoffments on parts of the Septvans estate: although the point is not made especially clearly, it emerges that William Septvans was innocent of the deceptions committed at his first proof of age, which had been engineered by these other parties with the intention of profiting from the resulting release of the property. The inquest found a number of reasons to overthrow the original proof of age, claiming irregularity of procedure and collusion; but it also conducted a kind of proof of age of its own, citing three pieces of evidence to prove that William Septvans had been born on 28 August 1346 and would not therefore come of age until 1367. First, the jurors commented on their collective memory that William's father had been with them in the earl of Huntingdon's company at the sack of Caen in 1346 but had returned home and then rejoined them later that year at the siege of Calais, the date of which event, as they commented, 'is not an unknown thing'. Secondly and thirdly, they evinced various pieces of written evidence to prove the chronological context of the child's birth. On the basis of all of this, the lords in parliament declared that all the lands of William Septvans should be taken back into the king's hands, that the enfeoffments and other terms made since the first release of the estates were nullified, and that the entire estate should be held in custody until William reached full age: it was presumably in preparation for a new proof of age that William secured the inspeximus of the record of the case in March 1367.
This matter completed, the parliament of 1366 was called to a close (item 16). It was one of the least dynamic and is one of the least discussed assemblies held in the latter part of Edward III's reign. Its roll nevertheless yields interesting silent evidence about the apparently stable state of domestic politics in the mid-1360s, and demonstrates the continued use of parliament as a court for the settlement of disputes and the deliberation of causes célèbres .
Text and translation
| [p. ii-289] | |
| [col. a] | |
| [memb. 2] | |
| [memb. dorse] | |
| [ROTULUS PARLIAMENTI DE ANNO REGNI REGIS EDWARDI TERCII QUADRAGESIMO.] | [THE ROLL OF THE PARLIAMENT OF THE FORTIETH YEAR OF THE REIGN OF KING EDWARD THE THIRD.] |
| [memb. 1] | |
| 1. Au parlement tenuz a Westm', lundy preschein apres la invencion de la seinte croice l'an du regne le roi Edward quarantisme, adeprimes feust crie fait en la sale de Westm' qe touz les prelatz, grantz et aussi les chivalers des countees, citeins des citeez et burgeis des burghs et touz autres qe feurent venuz au parlement se treissent en la chambre Depeint. Et mesme le jour, le roi, prelatz, ducs, countes, barons et communes en la dite chambre esteantz, l'evesqe de Ely, chanceller, monstra les causes du sommons du parlement en manere q'ensuyt: |
[Opening of parliament.] 1. At the parliament held at Westminster on the Monday immediately after the Invention of the Holy Cross in the fortieth year of the reign of King Edward, first, an announcement was made in Westminster Hall that all the prelates, great men and also the knights of the shires, citizens of cities and burgesses of boroughs and all others who had come to parliament should gather in the Painted Chamber. And on the same day, with the king, prelates, dukes, earls, barons and commons being in the said chamber, the bishop of Ely, chancellor, declared the reasons for the summons of parliament in the manner that follows: |
| Nostre seignur le roi sovent esteant en diverses paiis dela la meer eu avys et regarde au delitable, honeste et profitable paiis de sa duchee de Gascoigne, quele [lui ad este] delitable, honeste et profitable, et bien espoir qe serra en temps avenir. Et partant ad mys illoeqes son filz aisne prince de Gascoigne, pur le bon governance, [...] et par tiele cause, son autre fils duc de Clarence mandee en sa terre d'Irlande, quele lui ad este profitable, et espoir qe serra en temps avenir [...] Reservant [...] semente des ditz duchee et terre a lui mesmes; mes sur toutes autres terres et paiis si ad il plus tendrement au coer sa terre d'Engleterre, quele luy ad este [...] dis plus delitable, honeste et profitable qe nul autre; et partant desirrant sovereinement le bon government, pees et quiete des grantz et poeple d'icele, et les meschiefs, grevances et damages contre lui et contre les droitz de sa corone et son roialme, ou nule persone d'icele, nounduement attempte corriger; et [...] voillant come ad este usee einz ces heures qe chescun qe se sente grevez mette devant sa peticion as ces qe sont assignes de par lui de les receiver et aussi de les trier; les nouns des queux sont escritz en la fourme q'ensuyt: | Our lord the king, who has often been in various regions overseas, has due regard for the delightful, honest and profitable regions of his duchy of Gascony, which has been delightful, honest and profitable to him, and he truly hopes will be in times to come. And therefore he has set his eldest son there as prince of Gascony, for its good governance, [...] and for this reason, his other son, the duke of Clarence, was sent to his land of Ireland, which has been profitable to him, and he hopes will be in times to come [...] Saving [...] of the said duchy and land to himself; but all other lands and regions apart, he has most tenderly at heart his land of England, which has been [...] ten times more delightful, honest and profitable to him than any other; and therefore desiring above all the good government, peace and quiet of the said great men and people of the same, and that the misfortunes, grievances and damages unduly attempted against him and against the rights of his crown and his realm, or any person of the same, should be corrected; and [...] willing as has been the custom before this time that each person who feels himself aggrieved shall put forward his petition to those who are assigned by him as receivers and triers; the names of whom are written in the form that follows: |
| 2. Soient assignez receivours des peticions d'Engleterre, Irlande, Guales et Escoce: |
[Receivers and triers of petitions.] 2. The following were assigned receivers of petitions from England, Ireland, Wales and Scotland: |
| 4. Item, pur les peticions d'Aquitaine et autres terres et paiis pardela la meer et les Isles: | 4. Also, for the petitions from Aquitaine and other lands and regions overseas and the Channel Islands: |
| [col. b] | |
5. Et sont assignez triours de peticions d'Engleterre, Irland, Gales et Escoce:
|
5. And the following are assigned triers of petitions from England, Ireland, Wales and Scotland:
|
| - appellez a eux chanceller, tresorer, seneschal et chambirlein quant mestir serra et ils purront entendre, et aussint les serjeantz le roi s'il busoigne. Et tendront lour place en la chambre du chambirlein pres la chambre Depeinte. | - consulting with the chancellor, treasurer, steward and chamberlain when necessary and when they are able to attend, and also the king's serjeants when necessary. And they shall hold their session in the chamberlain's chamber near the Painted Chamber. |
6. Et sont assignez triours de peticions d'Aquitaigne et autres terres et paiis pardela la meer et les Isles:
|
6. And the following are assigned triers of petitions from Aquitaine and other lands and regions overseas and the Channel Islands:
|
| - appellez a eux chanceller, tresorer, seneschal et chambirlein quant mestir serra et ils purront entendre, et aussint les serjantz le roi s'il busoigne. Et tendront lour place en la chambre Marcolf. | - consulting with the chancellor, treasurer, steward and chamberlain when necessary and when they are able to attend, and also the king's serjeants when necessary. And they shall hold their session in the Marcolf Chamber. |
| 7. Et ceste chose faite, feust commande as grantz et communes q'ils se departisont, et q'ils y feussent lendemain, c'estassaver les prelatz et grantz en la chambre Blanche, et les communes en la chambre Depeinte. Au quele lendemain nostre seignur le roi, les prelatz, ducs, countes, barons, en mesme la chambre Blanche esteantz, les chivalers des counteez, citeins et burgeis demurantz en la chambre Depeinte, feust monstre a eux par le chanceller coment ils avoient entenduz les causes du sommons du parlement en general, mes la volunte le roi fust qe les causes feussent monstrez a [p. ii-290][col. a] eux en especial. Lour disoit coment le roi avoit entendu qe le pape, par force d'un fait quel il dit qe le roi Johan fesoit au pape, de lui faire homage pur le roialme d'Engleterre et la terre d'Irlande, et qe par cause du dit homage q'il lui deveroit paier chescun an perpetuelment mille marcs, est en volunte de faire proces devers le roi et son roialme pur le dit service et cens recoverir. De qoi le roi pria as ditz prelatz, ducs, countes et barons lour avys et bon conseil, et ce q'il en ferroit en cas qe le pape vorroit proceder devers lui ou son dit roialme par celle cause. Et les prelatz requeroient au roi q'ils se purroient sur ce par eux soul aviser, et respondre lendemain. Queux prelatz le dit lendemain, adeprimes par eux mesmes et puis les autres ducs, countes, barons et grantz, respondirent et disoient qe le dit roi Johan ne nul autre purra mettre lui ne son roialme ne son poeple en tiele subjeccion saunz assent et accorde de eux. Et les communes sur ce demandez et avisez, respondirent en mesme la manere. Sur qoi feust ordeine et assentu par commune assent en manere q'ensuit: |
[Peter's Pence.] 7. And when this thing was done, the great men and commons were commanded to depart, and to be there on the morrow, that is to say, the prelates and great men in the White Chamber, and the commons in the Painted Chamber. On the morrow, with our lord the king, the prelates, dukes, earls and barons being in the White Chamber and the knights of the shires, citizens and burgesses remaining in the Painted Chamber, the chancellor declared to them how they had heard the reasons for the summons of parliament in general, but the king's will was that the reasons would be declared to [p. ii-290][col. a] them in detail. He told them how the king had heard that the pope, on the authority of a deed which he said King John made to the pope to do homage to him for the realm of England and the land of Ireland, because of which homage he should pay him 1000 marks each year forever, is prepared to make process against the king and his realm in order to recover the said service and rent. Wherefore the king prayed the said prelates, dukes, earls and barons for their advice and good counsel as to what he should do in the event that the pope wished to proceed against him or his said realm for this reason. And the prelates asked the king that they be able to reflect on this by themselves alone, and answer on the morrow. Which prelates on the said morrow, first by themselves and then with the other dukes, earls, barons and great men, answered and said that neither the said King John nor any other person was able to put himself or his realm or his people in such subjection without their assent and agreement. And the commons, having been asked and considered thereon, answered in the same manner. Wherefore it was ordained and agreed by common assent in the manner that follows: |
| 8. 'En ce present parlement tenuz a Westm' lundy preschein apres the invencion de la seint croice l'an du regne le roi Edward quarantisme, tant sur l'estat de seint esglise quant des < droits de son roialme et de sa corone meinteinir, > entre autres choses estoient monstrez coment ad este parlee et dit qe le pape, par force d'une fait quele il dit qe le roi Johan jadys roi d'Engleterre fesoit au pape au perpetuite de lui faire homage pur le roialme d'Engleterre et la terre de Irlande, et par cause du dite homage de lui rendre un annuel cens, ad este en volunte de fair proces devers le roi pur les ditz services et cens recoverir; la quele chose monstree as prelatz, ducs, countes, barons et la commune pur ent avoir lour avys et bon conseil, et demandee de eux ce qe le roi enfera en cas qe le pape vorroit proceder ou rien attempter devers lui ou son roiaime par cele cause. Queux prelatz, ducs, countes, barons et communes, eu sur ce plein deliberacion, responderent et disoient d'une accorde qe le dit roi Johan ne nul autre purra mettre lui ne son roialme ne son poeple en tiele subjeccion saunz assent de eux; et, come piert par plusours evidences, qe si ce feust fait ce feust fait [sic] saunz lour assent, et encontre son serement en sa coronacion.' | 8. 'In this present parliament held at Westminster on the Monday immediately following the Invention of the Holy Cross in the fortieth year of the reign of King Edward, as much for the estate of holy Church as to maintain the rights of his realm and of his crown, among other things it was declared how it had been discussed and declared that the pope, on the authority of a deed which he said King John, late king of England, made to the pope forever to do homage to him for the realm of England and the land of Ireland, and because of the said homage to render to him an annual rent, has been prepared to make process against the king in order to recover the said services and rent; which thing was declared to the prelates, dukes, earls, barons and the commons in order to have their opinion and good counsel, and they were asked what the king should do in the event that the pope wished to proceed or attempt anything against him or his realm for any reason. Which prelates, dukes, earls, barons and commons, having had full deliberation thereon, answered and said of one accord that neither the said King John nor any other person could put him or his realm or his people in such subjection without their assent; and, as it appears by many evidences, this was done without their assent and against his oath at his coronation.' |
| Et outre ce, les ducs, countes, barons, grantz et communes accorderent et granterent qe en cas qe le pape se afforceroit ou rien attempteroit par proces ou en autre manere de fait, de constreindre le roi ou ses subgitz de perfaire ce q'est dit q'il voet clamer celle partie, q'ils resistront et contreesterront ove toute leur peussance. | And in addition to this, the dukes, earls, barons, great men and commons agreed and granted that in the event that the pope would assert or attempt anything, by process or in other manner of deed, to constrain the king or his subjects to do what is said he will claim in this matter, they will resist and oppose it with all their power. |
| 9. Et aussint mesme le lendemain, les universiteez de Oxenford et Cantebrigg' et les freres de quatre ordres mendinantz, compleinantz par lour peticions mis devant le roi en parlement sur diverses outrages, debatz, damages et meschiefs faitz et attemptez d'un part et d'autre, les chancellers et procurours des ditz universitez et les provinciales et ministres des ditz ordres adonqes presentz et soi submittantz de tout en l'ordinance le roi, estoit assentu et ordeine par le roi, < de l'assent des > prelatz, ducs, countes et barons, pur les ditz debatz, damages, outrages et meschiefs de tout ouster et adnuller en manere desouthescrite: |
[Disputes between the universities and the mendicants.] 9. And also on the same day, the universities of Oxford and Cambridge and the friars of the four mendicant orders, complaining by their petitions put before the king in parliament about various outrages, disputes, damages and misfortunes done and attempted on both sides, with the chancellors and proctors of the said universities and the provincials and officials of the said orders then present and submitting themselves entirely to the king's decision, it was assented and ordained by the king, with the assent of the prelates, dukes, earls and barons, to completely remove and annul the said disputes, damages, outrages and misfortunes in the manner written below: |
| 'Nostre seignur le roi en ce parlement, eu deliberacion plein et avys ove les prelatz, grantz et sages de son conseil sur diverses grevances, outrages, controversies et debatz meuz parentre les universiteez de Oxenford et de Cantebrigg' d'un part et les quatre ordres de freres mendinantz d'autre part, et monstrez [col. b] a lui par lour peticions en mesme le parlement, sur pluseurs pointz de privileges et inmunitez clamez d'un part et d'autre, en presence des chancelliers et procurours des ditz universiteez eantz plein poair de ditz universitees, et de provincials et ministres de ditz ordres eantz plein poair de ditz ordres, et eux submittantz de lour bon gree en haut et bas, et saunz ascun retenue ou reservacion, al ordinance nostre dit seignur le roi des pointz de grevances, controversies et debatz mues entre eux celle partie, de l'assent des ditz prelatz, nobles, grantz et sages en mesme le parlement, pur aise, quiete et tranquillite des ditz universitees et des estudiantz en yceles, ad ordeine, voet et commande: |
[Disputes between the universities and the mendicants.] 'Our lord the king in this parliament, having had full deliberation and consultation with the prelates, great and wise men of his council on the various grievances, outrages, controversies and disputes moved between the universities of Oxford and Cambridge on one side and the four orders of mendicant friars on the other side, declared [col. b] to him by their petitions in the same parliament, on many points of privileges and immunities claimed on both sides, in the presence of the chancellors and proctors of the said universities who have full power to act for the said universities, and in the presence of the provincials and officials of the said orders who have full power to act for the said orders, and who completely submit themselves of their own free will, without any holding back or reservation, to the decision of our said lord the king concerning the points of the grievances, controversies and disputes moved between them in this matter, with the assent of the said prelates, nobles and great and wise men in the same parliament, for the ease, quiet and tranquillity of the said universities and of the students of the same, ordains, wills and commands: |
| 10. Qe les chancellers des ditz universiteez, maistres regentz et nounregentz et touz autres des ditz universitees, les freres des ditz ordres illoeqes demurantz et a demurer, tretent et amenent en graces, et toutes autres choses qe touchent fait d'escoler, et les freres ensement se eient et contienent devers les universiteez, et chescune persone d'ycele, honestement, saunz rumour et amiablement en toutes choses solonc ce et en manere come soleient et fesoient devant l'estatut fait nadgairs en les ditz universiteez, contenant qe nul des ditz ordres receivroit [memb. 2] en lour ditz ordres escolers de les ditz universiteez deinz l'age de .xviij. auns; quele estatut le roi voet qe soit oustez et tenu pur nul; et qe nul novel estatut sembleable ou ordinance soit fait en mesmes les universitees qe soit prejudiciele as avantditz freres, saunz bon et mature deliberacion.' |
[Disputes between the universities and the mendicants.] 10. That the chancellors of the said universities, the regent masters and non-regents and all other people of the said universities shall treat and deal in their graces towards the friars of the said orders dwelling and to dwell there, in all matters concerning scholarship, honestly, without disturbance and pleasantly in all things; and the friars likewise shall maintain themselves and behave towards the universities, and each person of the same, in the same manner, according to and in the way they were accustomed and acted before the statute formerly made in the said universities; containing that none of the said orders should receive [memb. 2] students of the said universities under the age of 18 years into their said orders; which statute the king wills shall be removed and treated as null; and that no new similar statute or ordinance shall be made in the same universities which shall be prejudicial to the aforesaid friars, without good and mature deliberation.' |
| 11. Et aussi voet le roi qe l'execucion de touz les impetracions des bulles, et proces faitz ou pursuiz, ou affaire ou pursuir en temps avenir, en la court de Rome et aillours par les freres des ditz ordres, ou nul persone singulere de ycelles, en general ou especial, countre la dite universite, ou ascune persone d'ycelle, puis la fesance du dit estatut, cesse de tout et soit mys a neant. Et ensement, qe mesmes les freres renoncient de fait et parole a tout avantage qe prendre peussent par vertu de touz tieux impetracions faitz par eux ou nul de eux contre les ditz universitees, ou ascun persone d'ycelles, en general ou especial, et proces si nul soit commence ou fait celle partie sur mesmes les impetracions puis la dite ordinance de l'estatut fait par les ditz universiteez encea, de tout cessent et perdent force et vigour. | 11. And the king also wills that the execution of all the claims of bulls, and the processes made or pursued, or to be made or pursued in the future, in the court of Rome and elsewhere by the friars of the said orders, or any individual person of the same, in general or particular, against the said university, or any person of the same, since the creation of the said statute, shall completely cease and be set at naught. And likewise, that the same friars shall abstain in word and deed from all advantage which they may take by virtue of all such claims made by them or any of them against the said universities, or any person of the same, in general or particular, and process, if any shall be begun or made in this matter on the same claims after the said ordinance of the statute made by the said universities hitherto, shall completely cease and lose its force and strength. |
| 12. Et prent et reserve le roi devers lui poer de redrescer et faire amender les outrages et trespas faitz a qeconqe persone singulere par cause de controversies et debatz meues ou attemptez par ascune de causes susdites, ou nul de dependance d'ycelles. Et ovesqe ce le roi voet et ordeigne qe si nul qe soit membre de les ditz universiteez ou frere des ditz ordres soit trove en coupe contre la fourme de ceste present ordinance en temps avenir, soit puny solonc ce qe semblera a lui par avys de son bon conseil. | 12. And they pray that the king shall reserve to himself power to redress and make amends for the outrages and trespasses done to any individual person whatsoever because of the controversies and disputes moved or attempted for any of the aforesaid reasons, or anything dependent upon the same. And in addition to this the king wills and ordains that if anyone who is a member of the said universities or a friar of the said orders is found at fault contrary to the form of this present ordinance in times to come, he shall be punished as seems best to the king with the advice of his good council. |
| 13. Et issint les grantz en mesme le parlement occupiez de jour en jour sur pluseurs choses touchantes le roi et le roialme, tanqe lundy le .xi. me jour de May qe le roi et les prelatz, ducs, countes, barons, grantz et communes esteantz en la chambre Blanche, luee devant eux mesmes les ordinances et assentz, le chanceller monstra a les grantz et communes coment le roi avoit mariee sa feille Isabelle a seignur de Coucy, qi avoit beles terres en Engleterre et aillours, et par cause q'il estoit si pres son alliee il serroit seant au roi de lui enhancer et encrestre en honour, et nomer et faire counte; et estoit demande de eux lour avys et assent, queux grantz chescun par soy, et les communes, d'une assent, acorderent qe ce serroit al honur du roi d'encrestre son [p. ii-291][col. a] estat et de lui nomer et faire counte, et par cause qe le roi ne feust avise adonqes de quel lieu il lui vorra nomer counte, estoit proloignee tanqe a la plesance le roi. (fn. ii-289-41-1) |
[Earldom for Lord de Coucy.] 13. And thus the great men in the same parliament were occupied from day to day on many matters touching the king and the realm, until Monday 11 May, when, with the king and the prelates, dukes, earls, barons, great men and commons being in the White Chamber, and the same ordinances having been read and agreed before them, the chancellor declared to the great men and commons how the king had married his daughter Isabella to Lord de Coucy, who had fine lands in England and elsewhere, and because he was such a close ally it would be appropriate for the king to raise and increase his honour, and to name and make him an earl; and their opinion and assent was asked of them; to which great men, each for himself, and the commons, of one assent, agreed that it would be to the king's honour to increase Lord de Coucy's [p. ii-291][col. a] estate, and to name and make him an earl; and because the king was not yet sure of which place he would name him earl, the matter was postponed at the king's pleasure. (fn. ii-289-41-1) |
| 14. Et mesme le jour, feust monstre devant les grantz et communes en parlement, par Monsir Thomas de Lodelowe, chief baroun del escheqer, coment un William filz et heir William de Septvans, qi tient du roi en chief come de la corone, et qi terres et tenementz ove les appurtenances en divers counteez par reson du meindre age le dit William feurent pris en la mein le roi, et par une proeve del age le dit William meins verroi faite mesmes les terres et tenementz mys et liverez hors de la possession le roi, a grande damage et deceite de lui; le quel William est uncore et serra deinz age grant temps, sicome par une enqueste sur ce prise devant le dit Thomas et autres plus pleinement appiert. Queles offices feuront lues en dit parlement devant touz les grantz et communes, et le dit William illoeqes veue par mesmes les grantz, fust avys et agardee par touz les grantz qe le dit William estoit deinz age, et qe touz ses terres et tenementz mys hors de la possession le roi par la primere proeve del age meins verroi fussoient, ove touz les profitz ent sourdantz, en la mein le roi reseisiz, a demurer tanqe a son pleine age. |
[William Septvans.] 14. And on the same day, Sir Thomas Ludlow, chief baron of the exchequer, declared before the great men and commons in parliament how one William, son and heir of William Septvans, who holds of the king in chief as of the crown, and whose lands and tenements with the appurtenances in various counties were taken into the king's hands by reason of the minority of the said William, and how by a deceitful proof of the age of the said William the same lands and tenements were put and delivered out of the king's possession, to his great damage and deception; which William is still under age and will be for a great time, as more fully appears by an inquest taken thereon before the said Thomas and others. These reports having been read in the said parliament before all the great men and commons, and the said William having been examined by the same great men, it was advised and decided by all the great men that the said William was under age, and that all his lands and tenements put out of the king's possession by the first deceitful proof of age, with all the profits arising from the same, should be re-seized into the king's hands, to remain until William was of full age. |
| 15. Et qe touz les chartres, escritz et obligacions, sibien des estatutz marchantz et de l'estaple come autres qeconqes, et aussi reconissances a qeconqes persones < par le dit William fitz William > faites avant cele heure fussoient cassez et adnulleez, sicome en le recorde ent fait en dit parlement et demurant en chancellerie plus pleinement appiert, la copie de quele recorde est cosue a cestes. | 15. And that all the charters, writings and obligations, of statutes merchant and staple as well as any others whatsoever, and also recognisances made to any persons whatsoever by the said William, son of William, before this time would be void and annulled, as more fully appears in the record made thereon in the said parliament and remaining in the chancery, the copy of which record is attached to this. |
| 16. Et ce fait, mercia le roi as prelatz, grantz et communes de lour venue et lour bon port en parlement, et lour dona congie a departir. Et issint finist le parlement. |
[End of parliament.] 16. And this having been done the king thanked the prelates, great men and commons for their presence and good bearing in parliament, and gave them permission to depart. And so finished the parliament. |
| Dominus rex mandavit breve suum in hec verba: 'Edwardus, Dei gracia rex Anglie, dominus Hibernie et Aquitan', dilectis et fidelibus suis Johanni de Cobeham de Kent, Thome de Lodelowe et Willielmo Waure, salutem. Quia datum est nobis intelligi quod Willielmus filius et heres Willielmi de Septvans, chivaler, defuncti, qui de nobis ut de corona tenuit in capite, et cujus terre et tenementa cum pertinenciis in comitatibus Kanc', Sussex, Essex, racione minoris etatis heredis predicti capta fuerunt in manum nostram, etatem suam coram escaetore nostro in dicto comitatu Kanc' inde minus rite informato, ad procuracionem, imaginacionem et informacionem quorumdam suggerencium ipsum Willielmum filium Willielmi plene etatis esse, minus sufficienter probavit; et quod nos in probacione decepti eramus, eo quod predictus heres ad huc infra etatem existit, et per magnum tempus erit, et quod terre et tenementa predicta cum pertinenciis eidem heredi, in nostri decepcionem et amissionem juris et proficui nostri ad nos in hac parte pertinent', per dictam inquisicionem sic falso informatam extra manus nostras liberata fuerunt. |
[Record of case of William Septvans.] The lord king ordered his writ in these words: 'Edward, by the grace of God king of England, lord of Ireland and Aquitaine, to his beloved and faithful John Cobham of Kent, Thomas Ludlow and William Waure, greeting. Since we have been given to understand that William, son and heir of William Septvans, knight, deceased, who held of us in chief as of the crown, and whose land and tenements with appurtenances in the counties of Kent, Sussex and Essex were seised into our hands because of the minority of the aforesaid heir, his age having been untruly established before our escheator in the said county of Kent at the procurement, contrivance and information of certain plaintiffs, it was not proved sufficiently that the same William, son of William, was of full age; and whereas we were deceived by the proof, because the aforesaid heir to this was under age and would be for a great time, and thus falsely informed by the said inquest, the aforesaid land and tenements with appurtenances were delivered out of our hands to the same heir, to our deception and the loss of our rights and profits pertaining to us in this matter. |
| Nos volentes indempnitati nostre prospicere in hac parte prout decet, assignavimus vos et duos vestrum, quorum vos prefate Thoma alterum esse volumus, ad inquirendum per sacrum tam militum quam aliorum proborum et legalium hominum de dicto comitatu Kanc', per quos rei veritas melius sciri poterit, de etate heredis predicti, et si per inquisicionem predictam inveniri contigerit ipsum Willielmum filium Willielmi infra etatem adhuc existere, tunc per quos vel per quem probacio etatis sue predicte < facta fuit, et ad quorum vel cujus procuracionem, imaginacionem, seu informacionem, et quis vel qui terras et tenementa predicta a tempore prorobacionis etatis predicte occuparunt, et exitus et proficua inde perceperunt, et quo titulo, et qualiter, et quo > modo, [col. b] et ubi, et in cujus comitiva dictus heres a tempore predicto extitit, et per quem vel per quos consiliatus et deductus fuit. Et si terre et tenementa predicta in domibus seu boscis vastata et destructa existant, necne; et si sic, tunc per quem vel per quos, et ad quod dampnum nostrum seu heredis predicti; et quantum terre et tenementa illa valeant per annum in omnibus exitibus juxta verum valorem eorumdem; et quantum proficuum nos pretextu probacionis etatis predicte sic minus rite capte amisimus, et qualiter, et quo modo, et de omnibus aliis articulis et circumstanciis premissa tangentibus plenius veritatem. Et ideo vobis mandamus, quod ad certos diem et loca quos vos vel duo vestrum, quorum vos prefate Thoma alterum esse volumus, ad hoc provideritis, diligentem super premissis omnibus et singulis faciatis inquisicionem, et eam distincte et aperte factam nobis in cancellariam nostram sub sigillis vestris et sigillis eorum per quos facta fuit sine diliberacione mittatis, et hoc breve. Mandavimus enim vicecomitu nostro dicti comitatis Kanc', quod ad certos dies et loca quos vos vel duo vestrum, quorum vos prefate Thoma alterum esse volumus, ei scire facias venire faciatis coram vobis vel duobus vestrum, quorum vos prefate Thoma alterum esse volumus, tot et tales tam milites quam alios probos et legales homines de balliva sua, per quos rei veritas in premissis melius sciri poterit et inquiri. In cujus rei testimonium has litteras nostras fieri fecimus patentes. Teste me ipso apud Russhyndon in insula de Shepeye, .xiij. die Aprilis, anno regni nostri quadragesimo. Per libram de sigillo vocato le signet'. |
[Record of case of William Septvans.] Wishing our indemnity to be provided for in this matter as it ought, we have assigned you and two of you (of whom you, the aforesaid Thomas, we wish to be one) to inquire into the age of the aforesaid heir by the oath of knights as well as other good and lawful men of the said county of Kent, by whom the truth can best be known; and if it happens to be found by the aforesaid inquest that the same William, son of William, is still under age, then you are to inquire by whom proof of his aforesaid age was made, and at whose procurement, contrivance or information, and who occupied the aforesaid lands and tenements at the time of the aforesaid proof of age and received the issues and profits from the same, and by what title, and how, and in what manner, [col. b] and where, and in whose company the said heir was at the aforesaid time, and by whom he was advised and guided. And whether or not the aforesaid land and tenements are wasted or destroyed in houses or woods; and if so, then by whom and at what damage to us or the aforesaid heir; and how much those lands and tenements are worth annually in all issues according to the true value of the same; and how much profit we have lost as a result of the aforesaid proof of age thus wrongly taken, and how, and in what manner; and into all other articles and circumstances touching the fuller truth in the foregoings. And therefore we order you that at a certain day and place, you or two of you (of whom you, the aforesaid Thomas, we wish to be one) who will have been appointed to this, shall make a diligent inquiry into all and singular of the foregoings, and you shall send this, made clearly and openly, to us in our chancery under your seal and the seals of those by whom it was made, and this writ, without delay. For we have commanded our sheriff of the said county of Kent that at a certain day and place, which you or two of you (of which you, the aforesaid Thomas, we will to be one) shall make known to him, he shall cause to come before you or two of you (of which you, the aforesaid Thomas, we will to be one) so many knights and other good and lawful men of his bailiwick, by whom the truth in the foregoings can be better known and ascertained. In witness of which we have made these our letters patent. Witnessed by me myself at Rushenden on the Isle of Sheppey on 13 April in the fortieth year of our reign [1366]. By letter of the seal called the signet.' |
| Cujus brevis pretextu predicti Johannes, Thomas, et Willielmus, ad inquirendum super premissis processerunt, et quandam inquisicionem, et diversas evidencias super veritate etatis heredis predicti scienda ceperunt, quarum inquisicionis et evidenciarum tenores sequntur in hec verba: | By reason of which writ the aforesaid John, Thomas and William proceeded to inquire into the foregoings, and they took a certain inquest and various evidences to learn the truth of the age of the aforesaid heir, the tenor of which inquests and evidences follow in these words: |
| 'Inquisicio capta coram Johanne Cobeham de Kent, Thoma de Lodelowe et Willielmo Waure per commissionem domini regis assignatis ad inquirendum de etate Willielmi filii et heredis Willielmi de Septvans, chivaler defuncti, qui de ipso rege ut de corona tenuit in capite, et ad quedam alia in commissione domini regis contenta faciendum et explendum, apud Cantuar', die Martis proximo ante festum Sancti Georgii, anno regni ejusdem domini regis quadragesimo, per sacrum Johannis de Northwode, chivaler, Thome Apuldrefeld, chivaler, Thome Chuche, chivaler, Ricardi Atte Lese, chivaler, Johannis de Brokhull, chivaler, Johannis Barry, Willielmi Apuldrefeld senioris, Henrici Auger, Fulconis Payforer, et Galfridi Colpepir; qui dicunt super sacrum suum, quod predictus Willielmus filius et heres predicti Willielmi in festo Sancti Augustini Doctoris proximo futurum erit etatis viginti annorum et non plus. Et dicunt quod duodecim homines, quorum nomina huic inquisicioni consuta sunt, summoniti fuerunt coram Johanne de Tye, escaetore domini regis in comitatu Kanc' apud Cantuar' ad certum diem jam preteritum ad etatem ipsius heredis probandam, quorum hominum tres, videlicet Alexander Raven, Johannes Pykeryng, et Thomas Ropere, coram prefato escaetore jurati non extiterunt, et sic dicunt quod probacio predicta rite nec legitime facta extitit, prout intelligunt. Dicunt eciam, quod Willielmus de Churchehull, clericus, fuit primus procurator, imaginator, et informator predicto Willielmo filio Willielmi apud Cantuar' ad prosecucionem suam faciendum pro terris et tenementis suis extra manus domini regis habendam et ad etatem suam probandam, et post inquisicionem de etate probanda retornatam dictus Willielmus de Chirchehull, et Lucas de Whetynden', prosecuti fuerunt pro terris et tenementis predictis extra manus domini regis habend', eo quod dictus Lucas fuit retentus de consilio dicti Willielmi filii Willielmi. Et dicunt quod idem Willielmus filius Willielmi habuit medietatem manerii de Aldyngton' in comitatu Kanc' que valet per annum decem libras, et quosdam mariscos vocatos Lokelyng et Hersyng in Ywade qui valent per annum quadraginta solidos; in qua quidem medietate est quidam boscus qui valet centum libras ad vendendum, quos idem Willielmus filius Willielmi occupavit a tempore quo dominus rex manum suam inde amovit usque festum natalis domini, anno regni dicti domini regis tricesimo octavo, quo tempore idem Willielmus filius Willielmi [p. ii-292][col. a] quendam Johannem Gower de tenementis illis feoffavit, tenendis sibi et heredibus suis imperpetuum, pro quibus quidem medietate, bosco et marisco dedit quater viginti marcas, et non plus. Virtute cujus feoffamenti idem Johannes Gower eadem tenementum occupavit a dicto festo natalis domini usque nunc, et adhuc occupat, et exitus et proficua inde continue percepit. | 'The inquest taken before John Cobham of Kent, Thomas Ludlow and William Waure, assigned by the commission of the lord king to inquire into the age of William, son and heir of William Septvans, knight, deceased, who held of the king in chief as of his crown, and to do and complete certain other things contained in the commission of the lord king, at Canterbury on the Tuesday next before the feast of Saint George in the fortieth year of the reign of the same lord king [21 April 1366], by the oath of John Northwood, knight, Thomas Apuldrefeld, knight, Thomas Chuche, knight, Richard atte Lese, knight, John Brokhull, knight, John Barry, William Apuldrefeld senior, Henry Auger, Fulk Payforer and Geoffrey Colpepir; who said on their oath that the aforesaid William, son and heir of the aforesaid William, on the feast of Saint Augustine the Doctor next coming will be twenty years of age and no more. And they say that twelve men, whose names are attached to this inquest, were summoned before John Tye, the escheator of the lord king in the county of Kent, at Canterbury on a certain day now past to prove the age of the same heir, of whom three men, that is to say, Alexander Raven, John Pykeryng and Thomas Ropere, were not sworn before the aforesaid escheator, and thus they say that the aforesaid proof was not rightly or lawfully made, as they understand. They also say that William Churchehull, clerk, was the first procurer, contriver and instigator of the aforesaid William, son of William, at Canterbury to make his prosecution for having his lands and tenements out of the hands of the lord king and to prove his age, and after the inquest to prove his age has been returned the said William Churchehull and Luke Whetynden sued to have the aforesaid lands and tenements out of the lord king's hands, inasmuch as the said Luke was retained as counsel for the said William, son of William. And they say that the same William, son of William, had the moiety of the manor of Aldington in the county of Kent worth £10 annually, and certain marshes called Lokelyng and Hersyng in Iwade worth 40s. annually; in which moiety there is a certain wood, worth £100 for sale, which the same William, son of William, occupied from the time the lord king removed his hands from the same until Christmas in the thirty-eighth year of the reign of our said lord the king [1364], at which time the same William, son of William, [p. ii-292][col. a] enfeoffed a certain John Gower in those tenements, to hold to him and his heirs forever, for which moiety, wood and marsh he gave 80 marks and no more. By virtue of which enfeoffment the same John Gower occupied the same tenements from the said Christmas until now, and still occupies them, and continually receives the issues and profits from the same. |
| Item dicunt quod predictus Willielmus de Chirchehull fuit procurator ut prius imaginator et informator apud Cantuar' ad prosequendum extra manus domini regis manerium de Melton cum pertinenciis in dicto comitatu Kanc', quod valet per annum viginti libras, et unum mesuagium in civitate Cantuar', quod valet per annum viginti solidos. Et post inquisicionem de etate proband' retornatam predicti Willielmus de Chirchehull et Lucas de Whetyngden prosecuti fuerunt pro manerio illo et mesuagio predicto extra manus domini regis habend', et eodem modo prosecuti fuerunt pro decem libratis redditus in Littlebourne et Welle. Et dicunt quod postea ad festum Sancti Michaelis, anno regni ejusdem domini regis tricesimo nono, ad ordinacionem domini Nicholai de Loveyne predictus Willielmus filius Willielmi feoffavit de predicto manerio de Melton, et redditu predicto in Littlebourne et Welle, virtute convencionis inter ipsum Nicholaum et eundem Willielmum filium Willielmi facte, Walterum de Multon', et Ricardum de Sugworth, capellanos, et Ricardum Manse, servientes ejusdem Nicholai, ad opus ipsius Nicholai; virtute cujus feoffamenti iidem Walterus, Ricardus, et Ricardus eundem manerium a tempore predicto usque nunc occuparunt, et adhuc occupant, et exitus et proficua inde perceperunt ad opus ejusdem Nicholai, et dictus Willielmus filius Willielmi dictum annuum redditum decem librarum continue occupavit et adhuc occupat. Item dicunt quod Willielmus filus Willielmi habuit in dicto comitatu Kanc' manerium de Promhull, ex dono et feoffamento < Ricardi > de Alesle rectoris ecclesie de Heriettesham, quod valet per annum triginta et quinque libras, quod quidem manerium oneratur Johanni Septvans in quodam annuo redditu decem librarum ad terminum vite sue, et quod quidem manerium tenetur de archiepiscopo Cantuar', quod quidem manerium alienavit predictis Waltero, Ricardo Sugworth et Ricardo Manse, ad opus dicti Nicholai. Et dicunt quod post predictum feoffamentum factum predicto Johanni Gower, dictus Willielmus filius Willielmi continue morabatur in comitiva Ricardi de Hurst, et ejusdem Johannis Gower, apud Cantuar' et alibi usque ad festum Sancti Michaelis ultimo preteritum, et per totum tempus predictum idem Willielmus filius Willielmi ibidem per ipsos deductus fuit et consiliatus ad alienacionem de terris et tenementis suis faciend'; et ab eodem festo Sancti Michaelis usque festum Sancti Gregorii ultimo preteritum morabatur cum < predicto > Nicholao Loveyne apud Penesherst, et alibi, et per ipsum Nicholaum, et prefatos Walterum, Ricardum de Sugworth et Ricardum Manse, toto tempore predicto idem Willielmus filius Willielmi ibidem deductus fuit, et consiliatus ad alienacionem de terris et tenementis suis faciendum. Et dicunt quod non est aliquod vastum seu destruccio in terris et tenementis predictis. Et similiter dicunt quod Simon de Burgh ad prosecucionem suam propriam fecit se retineri cum predicto Willielmo filio Willielmi essendi de consilio suo, et fecit dictum Willielmum filium Willielmi concedere sibi quendam annuum redditum decem librarum sibi et heredibus suis per scriptum suum percipiendum de dicto manerio de Melton', quod quidem scriptum liberatum fuit dicto Ricardo de Hurst, custodiendo ad voluntatem ejusdem Willielmi; et postea idem Ricardus liberavit scriptum illud dicto Simoni contra voluntatem ejusdem Willielmi. In cujus rei testimonium huic inquisicioni juratores predicti sigilla sua apposuerunt. Datam apud Cantuar' dicto die Martis, anno quadragesimo supradicto.' | They also say that the aforesaid William Churchehull was the procurer and first contriver and instigator at Canterbury to sue out of the lord king's hands the manor of Milton with appurtenances in the said county of Kent worth £20 annually, and one messuage in the city of Canterbury worth 20s. annually. And after the inquest to prove age was returned, the aforesaid William Churchehull and Luke Whetynden sued to have that manor and aforesaid messuage out of the lord king's hands, and in the same way sued for £10 rent in Littlebourne and Westwell. And they say that afterwards at Michaelmas in the thirty-ninth year of the reign of the same lord king [1365], at the instigation of the lord Nicholas Loveyn, the aforesaid William, son of William, enfeoffed Walter Multon and Richard Sugworth, chaplains, and Richard Manse, servants of the same Nicholas, in the aforesaid manor of Milton and the aforesaid rent in Littlebourne and Westwell, by virtue of the agreement made between the said Nicholas and the same William, son of William, to the use of the same Nicholas; by virtue of which enfeoffment the same Walter, Richard and Richard occupied the same manor from the aforesaid time until now, and still occupy it, and receive the issues and profits from the same to the use of the same Nicholas; and the said William, son of William, continually occupied and still occupies the said annual rent of £10. Also, they say that William, son of William, had the manor of Promhull in the said county of Kent of the gift and enfeoffment of Richard Alesle, rector of the church of Harrietsham, worth £35 annually, which manor was charged to John Septvans on a certain annual rent of £10 for the term of his life, and which manor was held of the archbishop of Canterbury, which manor he alienated to the aforesaid Walter, Richard Sugworth and Richard Manse to the use of the said Nicholas. And they say that after the aforesaid enfeoffment had been made to the aforesaid John Gower, the said William, son of William, remained continually in the company of Richard Hurst and of the same John Gower at Canterbury and elsewhere until the feast of Michaelmas last past, and for the whole aforesaid time the same William, son of William, was there, he was guided and advised to alienate his lands and tenements by the same men; and from the same feast of Michaelmas until the feast of Saint Gregory last past he stayed with the aforesaid Nicholas Loveyn at Penshurst and elsewhere, and for the whole aforesaid time the same William, son of William, was there, he was guided and advised to alienate his lands and tenements by the same Nicholas and the aforesaid Walter, Richard Sugworth and Richard Manse. And they say that there is no waste or destruction in the aforesaid lands and tenements. And they likewise say that Simon de Burgh at his own suit caused himself to be retained by the aforesaid William, son of William, to be of his council, and caused the said William, son of William, to grant by his deed to him and his heirs a certain annual rent of £10 to be taken from the said manor of Milton, which deed was delivered to the said Richard Hurst, to be kept at the will of the same William; and afterwards the same Richard delivered that deed to the said Simon, contrary to the will of the same William. In witness of which the aforesaid jurors have set their seal to this inquest. Given at Canterbury on the said Tuesday in the aforesaid fortieth year.' |
| Evidencie per quas dicti juratores scienter cognoscunt de etate predicti heredis patent in quadam cedula huic consuta. | Evidence by which the said jurors professed to know the age of the aforesaid heir appear in a certain schedule attached to this. |
| Les causes pur qoi ils dient et scievent qe l'enfaunt est deinz age sont tieles, c'estassavoir: | The reasons whereby they say and know that the child is under age are these; that is to say: |
| [col. b] | |
| Adeprimes, il est conue chose a plusours chivalers et esquiers de la dite enqueste q'ils estoient ovesqe le counte de Huntyngdon' quant nostre tresdoute seignur le roi estoit a Caine, et le dit counte de Huntyndon' ovesqe lui en sa compaignie, a quele houre qe le conte de Ew et le chaumberleyn Tankervill furent pris et maundez en Engleterre; et adonqes le dit counte de Huntyngdon' retourna en Engleterre pur estre garri d'une maladie quel il avoit, et Monsir William Septvans, pier l'enfaunt, q'estoit de la compaignie et retenu le dit conte, retourna en Engleterre ovesqe lui; a quel temps ils troverent la femme le dit Monsir William meere l'enfaunt grosse enceinte de meisme l'enfaunt. Et le counte de Huntyngdon' s'en ala a Popeler pur sojourner illoqes pur aver ses medicines prest de Londres, et fist la countesse demorir a Preston pur estre commeere a l'enfaunt quant il fu nee. Et l'enfant fu nee le jour Seint Austyn le doctour prochein apres, et l'abbe de Seint Austyn, predecessour l'abbe q'ore est, et Monsir Thomas Daldon' le eisnee qi mort est, furent commpiers al dit enfaunt, et la countesse commeere. Et bien tost apres qant le counte fu garri il retourna dela la meer et vient a siege de Caleys, et Monsir William de Septvans ovesqe lui; et le dit Monsir William counta a ses compaignons chivalers et esquiers q'ore estoient jurrez en ceste enqueste coment puis son departier de Dieux lui avoit de sa grace issi visite q'il lui avoit mande un fitz; et qe ceste chose soit verray ils sont prest defaire quanqe attient a nulles gentz homme de faire; et combien il est passe qe le siege de Caleys estoit ce n'est pas desconu chose. | First, it is a thing known to many knights and squires of the said inquest that they were with the earl of Huntingdon when our most dread lord the king was at Caen, and the said earl of Huntingdon with him in his company, at which time the count of Eu and the chamberlain Tancarville were captured and sent to England; and then the said earl of Huntingdon returned to England to recover from an illness which he had, and Sir William Septvans, the child's father, who was of the company and retinue of the said earl, returned to England with him; at which time they found the wife of the said Sir William, the child's mother, pregnant with the same child. And the earl of Huntingdon went to Poplar to rest there to have his treatment near to London, and made the countess stay at Preston to be godmother to the child when he was born. And the child was born on the day of Saint Augustine the Doctor immediately following [28 August 1346], and the abbot of Saint Augustine's, predecessor of the present abbot, and Sir Thomas Daldon the elder, deceased, were godfathers to the said child, and the countess was godmother. And very soon after the earl recovered and returned overseas and came to the siege of Calais, and Sir William Septvans with him; and the said Sir William related to his companions, the knights and squires who are now sworn in this inquest, how since his departure God, of his grace, had so blessed him that he had sent him a son; and because this thing is true they are prepared to do whatever it becomes any gentlemen to do; and how long it is since the siege of Calais is not an unknown thing. |
| Une autre evidence ils ount: l'abbe William de Seint Austyn, predecessour l'abbe q'ore est, compiere l'enfaunt, bien tost apres ce q'il lui avoit leve de founs morust dedeyns une moys apres. Et meyntenant l'abbe q'ore est et les moignes pursuierent a nostre tresdoute seignur le roi pur avoir congie de lui d'aler a novel eleccion, et nostre tresdoute seignur le roi les graunta licence par sa patente quele est de record, et la quele feust monstree ore a Canterbirs, portant date del an vintisme le roi q'ore est. Et qe ceste chose soit verray l'abbe q'ore est, et le priour de meisme le maison, et un doctour de decrees et autres moignes assez de meisme la maison sont prest a prover par lour serement quant il plerra au roi. | They have another evidence: Abbot William of Saint Augustine's, predecessor of the present abbot, the child's godfather, soon after he had sponsored the child in baptism, died the following month. And then the present abbot and the monks sought our most dread lord the king to have his licence to proceed with a new election, and our most dread lord the king granted them licence by his letter patent which is on record, and which was then shown at Canterbury, bearing the date of the twentieth year of the present king [1346]. And the present abbot, and the prior of the same house, and a doctor of decrees and many other monks of the same house are prepared, when it pleases the king, to prove by their oath that this thing is true. |
| La tierce evidence ils ount, il y ad une Sire Johan Frebody, parsone de l'esglise de Bocton', q'estoit tresorer a Monsir Thomas Daldon' qi feust l'autre compier l'enfaunt, en qi acompte il appiert, q'il livera au dit Monsir Thomas Daldon', son seignur et mestre, une coupe et un ewer d'argent pur doner a meisme l'enfaunt, les queles il dona a l'enfaunt lendemayn de le feste Seint Austyn avantdit, l'an vintisme le roi q'ore est prout per recordum et processum inde habitos et in cancellaria domini regis retornos plenius poterit < apparere. > | The third evidence they have: there is one Sir John Frebody, parson of the church of Bocton, who was treasurer to Sir Thomas Daldon who was the child's other godfather, in whose account it appeared that he delivered to the said Sir Thomas Daldon, his lord and master, a cup and ewer of silver to give to the same child, which he gave to the child on the morrow of the aforesaid feast of Saint Augustine in the twentieth year of the present king [29 August 1346], which more fully appears by the record and process had thereon and returned to the chancery of the lord king. |
| < Et quia dominus rex informatus, quod predictus Willielmus postquam terre et tenementa que sunt de hereditate sua, et racione minoris etatis sue in manum regis extiterunt, eidem Willielmo pretextu probacionis predicte extra manus regis liberata fuerunt, magnam partem terrarum et tenementorum eorumdem diversis personis alienavit, et se in diversis pecuniarum summis et annuis redditibus, tam per literas de statuto mercatorio quam per alia facta diversa in rotulis cancellarie regis irrotulata, pluribus personis obligavit; recordum et processum predicta, tam pro indempnitate ipsius regis ne custodiam terrarum et tenementorum predictorum per hujusmodi decepcionem amitteret, quam predicti Willielmi ne durante minori etate sua exheredaretur, in parliamento suo apud Westm' die lune in crastino invencionis sancte crucis, anno regni dicti domini regis quadragesimo tento, venire fecit. Quibus recordo et processu ac inquisicione et evidenciis predictis coram ipso domino rege, prelatis, magnatibus, et communitate regni Angl' in eodem parliamento ostensis, lectis, et examinatis, dicto Willielmo filio Willielmi Septvans ibidem personaliter existente, visum est toti parliamento, quod idem Willielmus filius Willielmi non erat plene etatis, sicut [p. ii-293][col. a] in probacione predicta continetur. Per quod consideratum est in dicto parliamento, quod probacio illa nullius sit valoris vel effectus; et quod omnia terre et tenementa > cum pertinenciis que fuerunt predicti Willielmi de Septvans, patris predicti Willielmi filii Willielmi, et que racione minoris etatis ipsius Willielmi filii Willielmi heredis dicti Willielmi de Septvans in manu regis capta, et eidem heredi ut plene etatis pretextu probacionis predicte sic minus sufficienter facte extra manus regis liberata, in manum regis ad quorumcumque manus devenerint, una cum exitibus inde a tempore probacionis predicte facte perceptis, reseisiantur, et in manu regis remaneant usque ad legitimam etatem heredis predicti. Et quod omnia carte, scripta, et obligaciones tam de statutis mercatoriis et de stapulis quam alia quecumque, ac eciam recogniciones per ipsum quibuscumque personis ante hec tempora facta revocentur, cassentur, et omnino adnullentur; et quod processus fiant per breve de scire facias [col. b] versus omnes illos quibus aliqua terre seu tenementa de hereditate predicti Willielmi filii Willielmi, post probacionem etatis predicte et liberacionem terrarum et tenementorum de hereditate sua extra manus nostras factas, per ipsum Willielmum filium Willielmi sunt alienata; et eciam versus illos quibus idem Willielmus filius Willielmi aliquos redditus annuos concessit; necnon versus omnes illos quibus idem Willielmus filius Willielmi in aliquibus debitis per statuta mercatoria vel de stapula, vel per recogniciones seu cartas, scripta aut alia facta obligatur, ad venire faciendum eos in cancellaria regis, ad ostendendum si quid pro se habeant vel dicere sciant quare terre, tenementa et redditus predicta sic alienata in manum regis reseisiri, et carte, scripta, statuta, recogniciones, obligaciones et alia facta que per dictum Willielmum filium Willielmi fiebant, tanquam irrita et erronea cassari et adnullari non debeant; et ad faciendum et recipiendum quod justum fuerit in hac parte. | And since the lord king has been informed that after the land and tenements which are his inheritance and which were in the king's hands by reason of his minority were delivered out of the king's hands to the same William by pretext of the aforesaid proof, the aforesaid William alienated a great part of the same lands and tenements to various people, and bound himself to many people in various sums of money and annual rents, by letters of statute merchant as well as by others divers deeds enrolled in the rolls of the king's chancery; as much for the indemnity of the same king lest the custody of the aforesaid lands and tenements be lost by this deception, as for the indemnity of the aforesaid William lest he be disinherited during his minority, he caused the aforesaid record and process to be produced in his parliament held at Westminster on the Monday on the morrow of the Invention of the Holy Cross in the fortieth year of the reign of the said lord king. This record and process and aforesaid inquest and evidences having been exhibited, read and examined before the same lord king, the prelates, magnates and commons of the realm of England in the same parliament, with the said William, son of William Septvans, being there in person, it seemed to the whole parliament that the same William, son of William, was not of full age, as [p. ii-293][col. a] is contained in the aforesaid proof. Wherefore it is was judged in the said parliament that that proof shall not be of force or effect; and that all the lands and tenements with appurtenances which belonged to the aforesaid William Septvans, father of the aforesaid William, son of William, and which were seised into the king's hands by reason of the minority of the same William, son of William, heir of the said William Septvans, and delivered out of the king's hands to the same heir at his full age according to the aforesaid proof which was not sufficiently made, shall return to the king's hands at the hand of anyone whatsoever, together with the issues thence taken from the time the aforesaid proof was made, and shall be re-seized and remain in the king's hands until the legal age of the aforesaid heir. And that all charters, deeds and obligations, of statute merchant and statute staple as well as any others whatsoever, and also recognisances previously made by the same to any people whatsoever, shall be revoked, void and completely annulled; and that process shall be made by writ of scire facias [col. b] against all those to whom any of the lands or tenements of the inheritance of the aforesaid William, son of William, were alienated by the same William, son of William, after the proof of the aforesaid age and the delivery of the lands and tenements of his inheritance out of our hands were made; and also against those to whom the same William, son of William, granted any annual rents; and also against all those to whom the same William, son of William, was bound in any debts by statute merchant or statute staple, or by recognisances or charters, writings or other deeds, to cause them to appear in the king's chancery, to declare if they have or know anything that they can say why the aforesaid lands, tenements and rents thus alienated should not be re-seized into the king's hands, and the charters, writings, statutes, recognisances, obligations and other deeds which were made by the said William, son of William, should not be quashed and annulled as void and erroneous; and to do and receive what is just in this matter. |
Appendix 1366
1
Petition of John Middleton and his wife Christina concerning their rights to the homage of John Wendout for lands in Newton on the Sea, Northumberland, claimed by Wendout to be held from the king. The case was already pending in the court of common pleas, but had been ordered to be brought into parliament, as a result of which, by a process before the king in chancery upon the petition 'presented in that parliament' by the Middletons, it was determined that Wendout owed his homage to the king. The resulting writ ordering the justices of common pleas to drop the case, is dated 12 July 1366 and is unwarranted.
Sources : SC 8/211/10513; CCR 1364-8 , 243-4.