The English register of Oseney abbey / by Oxford, written about 1460. Ed., with an introduction and indexes, by Andrew Clark.

[97.] A sentence diffinitiffe vppon mortuarijs In þ^e parishe of Cudelynton.

1273, July 21. Oseney, as rector of Kidlington, claimed from the executors of Ralph Frensh, of Thrupp, in Kidling|ton parish, according to the ancient custom, his second best beast, as due to the church as a 'mor|tuary.' The ex|ecutors re|fused, and pleaded that horses at least were not included in the custom. Evidence being taken, verdict was given that the church was en|titled to the second best beast of deceased, whether horse or other. This verdict to be en|forced by church censure, against the executors and their supporters.

THESE thynges were i-actid or doo In þe conuentuall church of Seynte ffrideswith at oxonforde, In þe vigile of Seynte marye Mawdelen, in þe ȝere of owr lorde anno M^lCClxxiij., afore vs, officiall of my lorde Archedecun of oxonforde, by ordinary Juris|diccion knowyng, in þe cawse þe which vppon a mortuary is i-sterid, bitwene religiouse men thabbot and couent of Oseney,

actors, by ffrere Roger Waldis of þ^e same place chanone (here procuratour lawfully ordeyned) comperyng, of þ^e oon partie, and Robert Synat, Thomas yenge, and moolde the lefte of Raph ffrensh of thrope, executors of þ^e testament of þe same Raph dede, gylty ['reos.'] , personally comperyng of þe oþer partie: þat is to say, whenne hit was i-schewed þe seyde gilty ['reos.'] at þe same day and place lawfully and peremptoryly to haue be i-callid, of þe saide religiousmen, þ^e procuratour aforsaide agaynst þe same gilty ['reos.'] here Intent purposed in þ^e name of here lordis in-to þis maner:—

Afore ȝow, my lorde Juge, I, ffrere Roger Waldis, procuratour of þabbot and couent of Oseney, þ^e churche of Cudelynton holdyng in full ryȝght and of þe same church persons, in þe name of my lordis, say and purpose agaynst Robert Synat, Thomas yenge, and Moolde, relicte of Raph ffrensh of Thrope sumtyme parisshen of þ^e saide church of Cudelynton, executours of þe testament of þe saide Raph dede, þat where, of goode and preysable custom in parishe of þe saide church, hooly obserued fro þe tyme of þ^e which is no mynde, Hit is i-goote ['sit optentum.'] that for men dying in þe same parishe his secunde best beest (be hit horse or b[e]est of oony oþer maner kynde) þat he hath gete in þe daye of his dethe hit be i-payde to þe saide church and to my lordis In þ^e name of a Mortuarye. Now þe saide execu|tours, þ^e saide custom forsakyng, for þe forsaide Raph of thrope, of þe saide church parisshen, in ['in eiusdem ecclesie parochia.'] þ^e same church parishe deyng, þe secund best Beest that in þe tyme or his deth he had In þe name of a mortuary to graunte þe[y] agaynesay vnryȝghtfully. Wherfore, In þ^e name of my lordys, I axe þe saide Executours to þe forsaide best (of what-so-Euer kynde þe Beeste be) to þe saide church of Cudelynton and to my lordis aforsaide, after þe forsaide custom, in þe name of A mortuarye to be i-grauntid, sentencially and diffinityfly to be condempned, and þe same Executours, so i-condempned to þ^e saide best In þe name of a mor [folio 23b] tuarye grauntyng, by þe censure of þe church, to be i|compellid.

To þe which sothly ['quidem.'] entente þe forsaide Executours stryffe, saying thynges i-tolde in þ^e saide Entencion, as they ben i|tolde,

not to be true, and þerfore thynges i-axid, as þ^ei ben i|axid to be doo, not to be dewe; To ['ad sui quoque deliberationem adii|cientes, predictam consuetudinem non [esse]. . .optentam.'] here also deliueryng castyng to, þe fore custom not of horsis but of oþer bestis i-obserued and i-obteyned. and þe parties here and þere of þ^e trowth to be saide i-swore, þe saide Executours, i-swere, denyed, as þey dyde afore.

Wherfore þe saide partie doer, to þ^e forsaide here Entent to be i-grauntid, fowre witnesse Browght forth, that is to say, William, person of þe church of Wyuelcote; Roger, Vicar of Cudelynton; Thomas, decune ['diaconum.'] of þe same; and William of Hampton: þe which i-receyued, i-swore, i-examined, and þere wordes or sayinges (of þe consent of [the] parties) [published [Added from the Latin.] , and altercation about them having been had between the parties];

of þ^e same parties consent, in þ^e saide cawse concludyng, to þe diffinityffe sentence we haue i-procedid in-to this maner:— In Dei nomine amen. We, officiall of my lorde Archedecun of oxonforde, i-herde and i-vndurstande þ^e meritis of þe saide cawse, for ['quia.'] [that [Added from the Latin.] the above-writ intention of the said abbot and convent of Oseneye and of their above-named procurator] of ['per dictorum testium depositiones plene probatam esse comperimus, et fundatam.'] þe saide witnessis deposicions fully i-preued we haue i|founde, and i-groundid, þe saide executours to þe saide beest, be hit horse or of oony oþer kynde beest, of þe saide Raph dede þat in þe tyme of his deth he had, for þe same Raph, of þ^e saide church parisshen, and in þ^e same church parisshe dede, to þe saide church of Cudelynton, to þe forsaide religiouse men, and to þere procuratour in there name, after þe forsaide custom, in þe name of mortuarye to be i-ȝeve, sentencially and diffinitiffly in writyng we condempne; and þ^e same, so i-condempned to þ^e saide beeste ȝevyng In þ^e name of a mortuary, by þe Vicar of Cudelynton by all church censure to be i-compellid pronuncyng ['pronunciantes.'] , This ['istius sentencie executionem.'] sentence executyng to þe same Vicarye committyng ['committendo,' instead of 'commit|tentes.'] , agaynesayers and rebellis (if [The bracketed clause is strangely dis|joined by the intrusion of interpolated words, by an erroneous repetition. The Latin is: 'si quos inuenerit.'] oony) to þe same Vicarye com|mittyng

(he fynde) with like censure to be restreyned by þe same Vicar naþeles by this present writyng to þe same chargyng ['eidem demandando,' instead of 'man|dantes.'] . In-to þe witnesse of þe which writyng þe seele of þe officiall|hoode ['officialitatis.'] of oxonforde to this present writyng we willid to be i-put to: þe date, in þ^e place day and yere afore i-notid.