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

[209.]

1288. Suit against Oseney, by the king(re|presented by William of Gisling|ham), to recover a hide in Adderbury; and call by Oseney on the co-heir|esses of Hugh of Tew to ful|fil said Hugh's warranty of no. 205, as in 205, and in 206. Richard of Lions as|serted that he and his wife held the hide in question, by grant of Hugh of Tew, who unjustly took it from them; and there|fore they claimed it. Oseney case re|stated. The case was sent for trial.

OUR lorde þe Kynge, by William of Gysilyngham, the which pursuyth for þat [A mistranslation: read 'for him,' 'pro eo' = for the king.] , (he [Omit 'he.'] ) axith agaynste þabbot of Oseney j. plowe of londe, with the pertinences, In Adburbury as his ryȝght, et cetera, þe which þe foresaide Abbot to our lorde Kyng defortid [By a slip for 'deforcid.'] , et cetera.

And Anoþer tyme þabbot i-callid þere-of to ware ['ad warantiam.'] Richard of lyonns And Emme his wife, Raph the Soone of Ranulph of Astrop and William ['Willelmam.'] his wife, and Hugh of Hynton and molde his wife, the which nowe come by summornenyng [= summoning.] and axe to be schewed to þem by what thyng þey bee holde to ware ['warantizare.'] .

And þabbot sayeth þat þe foresaide tenauntries were of Hugh Tywe (whoos heyres þe foresaide Emme, William and molde Been), þ^e which þe foresaide tenementes ȝafe to Nycoll of Wes|ton, to be had and to be holde to hym and to his heyres, and Byndeth hym-selfe and his heyres to ['ad warantizandum.'] ware, to þe same Nycoll and to his heyres and to his assynes, þ^e foresaide tene [folio 46a] mentes; And he sayeth that he is þ^e Assyne of þe foresaide, and as asyne is i-callid [Passive substituted wrongly for the active: 'and as assign he calls to the warranty thereof. . .'] þere-of to the ware aforesaide Emme, William And molde, Also with here husebandes, heyres of þe foresaide Hugh, And bryng[eth] a charter of the foresaide Hugh, the ['the which,' or article used as relative. Cp. p. 167, n. 1; p. 170, n. 2.] witnessith that the same Hugh yafe to þe foresaide Nicoll the foresaide londe And Byndith hym-selfe and his heyres to ware to þe foresaide Nicoll and to his heyres and to his assynes, et cetera. He Bryngeth also Anoþer charter vndur the name of þe foresaide Nicoll, the ['the which,' or article used as relative. Cp. p. 167, n. 1; p. 170, n. 2.] witnyssith that the Same Nicoll yafe to þ^e Same

Abbot and to his successoures the foresaide londe, and Byndeth hym-selfe and his heyres and assynes to ware, et cetera.

And Richard and Emme sayen that the foresaide Hugh of Tywe In a tyme ffeffed them of the foresaide tenement, the ['the,' apparently for 'who': 'qui fue|runt inde in seisina.' Cp. p. 166, n. 10.] where þere-of (þe [Omit 'þe.'] ) Insesonyd by that ffeffyng by longe tyme, till þ^e foresaide Hugh of Tywe þem after [Read 'after[wards] there[of] dissei|sined': 'postea inde disseisionauit.'] þere dissesonyng; wherefore þerof [Read 'he asks, having been thereof disseisined.'] he axith dissesonyd that they haue accion to the tenement aforesaide to be axid, by the dissesonyng to þem i-made, as it is i-saide afore, if þey be holde ware to þ^e foresaide Abbot þ^e foresaide tenement.

Ande, fore þ^e saide Richard [and the others] may not vnsay but þat þ^e saide Hugh of Tywe yafe to þe foresaide Nicoll and to his heyres the foresaide tenement, and Bownde hym-selfe and his heyres of þe foresaide Hugh of Tywe to ware to þe fore|saide Nicoll his heyres And his assynes, et cetera.; hit [Read (still governed by 'unsay') 'nor that the foresaid abbot is not the assign': 'nec quin predictus abbas sit assignatus.'] may not be þat the foresaide Abbot be þassyne of þ^e foresaide Nicoll; noþer but that saide Richard and oþer also, with here wyffes, been þe heyres of the foresaide Hugh of Tywe, and þay saye none oþer thyng why they ofte not to be to ware, hit is to be truste ['Consideratum est.'] that þay [shall] warantiȝe, and been in mercy for afore þey warantiȝed not, et cetera.

And the foresaide Richard and other defende þere ryȝght and sesynyng ['seysinam domini Regis consanguinei.'] of owr lorde Kynges blode, et cetera. as of ffee and ryȝght, et cetera. and putteth hym-selfe in ['in iure patrie': i.e. to be tried in the county, and not at Westminster.] lawe of þe Cuntre In the stede of A grete assise of owr lorde þe Kynge, And axith reconysaunce to be made where thay haue more ryȝght by warancie In the foresaide londe, or þe Kyng. Þerfore it is to be say quod þe schreve make make to come þem afore owr lorde Kyng, fro the Daie of Estur In-to xij. [Read 'i.' The number of the jury has been prefixed to the date of summons. Latin: 'in unum mensem xii. [probos viros etc.] ad recognicionem etc.'] moneth, et cetera. To Recognicion, et cetera.