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

[XXXII. Of Adderbury]

[204.]

Note of the hide owned by Oseney in Adderbury, as in nos. 205, 206, and its liability to scu|tage as half of a knight's fee, and to suit to the hun|dred court.

THABBOT of Oseneye In Edburbury hath j. plowe of londe, with a mese, and oþer pertinences, þe which Hugh of Tywe sumtyme Knyȝght ȝafe to Nicoll of Weston, And þe saide Nycoll to þe Howse of Oseneye. And hit is to be knowe that þat londe [is] of þe litull ffee ['de parvo feodo.'] of Stafforde, and ȝeldith scutage al so moche as longeth to þe halfe of j. scute, and þabbot maketh sute to þe hundrede of Bloxham for þe same.

[205.]

1269. Sale to Nicholas of Weston, by Hugh of Tew, of a messu|age, 2 crofts, and a hide, with manorial privileges, with pro|hibition to part with it to Jews, at a quit|rent of 6d. Purchase|money, £150.

KNOWE þey þat be present and to Be that I, Hugh of Tywe, ȝafe and grauntyd and with this present charter con|fermyd, for me and myne heyres, to Nicoll of Weston, Mar|chaunte, j. mese with ij. croftes and all oþer pertinences In the towne of Edburbury, and j. plowe of londe In the feldes of þe same towne, with all his pertinences, þat is to say, Medes, pastures, weyes, patthis, waters, and with the [folio 45a] rentys of my free tenauntes, and homages, wardis, and relefs, and eschetes, and with all seruices of my Custumaris, & all þat in the saide towne and feldes I haue or may haue or to me or to myne heyres by oony ryȝght maye falle: to be had and to be holde, to þe foresaide Nycoll and to his heyres or assynes, or ['vel cuicunque dare . . . voluerit.'] to oony man

to ȝeve selle or bequethe or to assyne he wille bothe to religiouse men and to oþer (Juys owetake), frely quitely holy well and In pece for Euer, ȝeldyng þerof ȝerely to me and to my heyres or to myne assynes, at Adburbury, vj. d. at cristemasse, for all seculer seruices, Sutes of courtes, helpis, tallages, exaccions, and all oþer demaundes in what-so-Euer maner or name they bee i-callid, the which of þe londe or for that londe maye be axid or schall mowe, al so muche as to me or to my heyres perteynyth, And doyng to þe chefe lordes [MS. has 'londes' by a slip.] of þe ffee dewe seruice and i-wonyd. And I, Hugh, and myne heyres or assines, þ^e fore|saide mesis and Croftes and plowe of londe, with all þere pertinences, to þ^e foresaide Nycoll and to his heyres or assynes all (except Juys), agaynste all men and women, cristen and Juys, for þe foresaide seruice schall warantiȝe for Euer, aquite, & defende. And for this ȝevyng and of this present charter confermyng and warantiȝyng aquite & defendyng, þe foresaide Nycoll ȝafe to me Cl. li. of goode & lawfull moneye by-fore handes in weryson. And that all these thynges before-namyd Sure and stabull for Euer abide, et cetera. The witnesse, Sir thomas of Seynte Wygor, þenne srhreue of oxonforde; Sir Raph of Dyue, Knyȝghtes, et cetera.

[206.]

About 1275. Sale to Oseney, by Nicholas of Weston-on|the-Green, of a hide, with messuage, crofts, and meadow (as in 205), with its bond men, subject to 6d. quit|rent to Tew manor (as the mesne lord). Purchase|money, £150.

KNOWE tho that been present And to bee þat I, Nycoll of Weston, ȝafe and grauntid, and with my present charter confermyd, to god and to þe church of Seynte marie of Oseney and to William Abbot and to þe chanons þere seruyng [God], where I haue i-wollyd me to be i-beried, j. plowlonde, with the pertinences, In the towne and feldis of Edburbury, with my chefe mese, as with medis and Croftes, and with homages and seruices of my free tenauntes, and with my bonde men and þere catall and seruices & sequelis, and all þat in the foresaide towne or feldis I had or myȝght haue, withoute oony reteynyng to me or to myne heyres: to be had and to be holde, to þe saide church ande chanons, of me and myne heyres, In-to pure and perpetuell almes, al so moch as perteyneth to me and to myne heyres, ȝeldyng þerof for me and my heyres to Sir Hugh of Tywe vj. d. ȝerely, and Dewe seruices to the chefe lordes of the ffee. And I, Nycoll, and myne heyres, the foresaide

plowe of londe, with all his pertinences, to the saide church and chanons, agaynste all cristen men and Juys, by the foresaide seruice, schall warantiȝe, aquite, And Defende. And if we mowe not, we schall ȝeve agayne to þem CC. marke and xxv. the which for the foresaide londe to me before-handes þaye paied, with-inne A moneth In the which þay been i-axid, vndur payne of xx. li. to be payde to þ^e Kyng. In-to witnesse, et cetera.

[207.]

About 1275. Sale to Oseney, by Adam son of Nicholas of Weston, of his in|terest in no. 206. Purchase|money, £26 13s. 4d.

KNOW þaye that Been present And to come þat I, Adam, Soone And heyre of Nycoll [folio 45b] of Weston, grauntid and quite-claymyd, and with this present charter confermyd, to god and to þe church of Seynte marie of Oseneye and to ffrere William, Abbot, and to þ^e chanons þere seruyng god, þe ȝifte that Nycoll my ffadur to þem yafe in the towne and feldes of Edbur|bury, of j. dwellyng with the pertinences, and j. plowe of londe, with medis, seruices of ffree men, and his custumarys, in the same towne: to be holde and to be had, to þe foresaide church and chanons, In-to pure and perpetuell almes, al so moche as longeth to me and to myne heyres, as þe charter þ^e which þe saide Abbot and Couent of þe saide Nycoll my ffadur hauen fully witnessith, doyng þerof to þ^e Chefe lordes of þe ffee dewe seruice & i-wonyd. And for this graunte, quite-clayme, and confirmacion, þe foresaide Abbot And Couent yafe to me xl. marke of sterlynges. And that this my graunte, et cetera.

[208.]

1276, May 15. Formal confirma|tion to Oseney, by Adam son of Nicholas, of his grant (no. 207), viz. a mes|suage, 112 acres arable, 10 acres meadow, and 18s. of quit-rents. Purchase|money as in 207.

THIS is the ffinall corde i-maade bitwene vs and the same Adam of the same londe, In owre lorde the Kynges Courte, At Westmynyster, In the morowe of þassencion of owre lorde, In the ȝere of the Rayne of Kynge Edwarde þe soone of Kyng Henry the iiij^th [i.e. Henry III, see note 5, p. 36.] , Afore Master Roger offSeyton, Master Richard Stanes, John of Cobeham, Master Raph off ffrenyngham, Thomas Welonde, And John louetofte, Justices, and other true men of the Kynges thenne there present, bitwene Adam of Weston, axer, & William, Abbot of Oseney, holder, of j. mese, Cxij. acris [of land], x. acris of mede, xviij. s. of Rente, with the pertinences, In Adburbury, Whereof it was i-pletid bitwene þeme in the same Courte, þat is to Say, that þ^e foresaide Adam knowleggid the foresaide tenement, with the pertinences, to Be the ryȝght

of þe saide Abbot and of his Church of Oseney, and that he relesed and quite-claymed [it] of hym and of his heyres, to þ^e foresaide Abbot, and to his successours, and to his church for Euer. And for this reconiȝaunce, Relese, quite-clayme, fyne, and Acorde, þ^e same Abbot yafe to þ^e foresaide Adam xl. marke of Siluer.

[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.

[210.]

1289. At the Ox|ford assises, in the suit against Oseney by Richard of Lions to recover a messuage, a hide, and rent|charges, Oseney's guarantors (co-heir|esses of Hugh of Tew) stated that Hugh of Tew, giving his daughter Emma in marriage to Richard son of Roger of Lions, settled on her and him said hide to be held by rent of £7 6s. 8d. till he made other provision for them, but that Hugh got back from them said hide on set|tling lands in Swerford on them; but Richard of Lions denied that he had land in Swer|ford in ex|change for the Adder|bury hold|ing. The sheriff ordered inquisition by a jury of 12. At last a quit-claim made by Richard of Lions him|self to the co-heiresses was pro|duced, and he lost his case and was fined.

OXONFORD. Richard of liouns, by his atturney, axith þat [Read 'against': 'versus.'] thabbot of Oseney j. mese, j. plowlonde, & x. s. of

Rente, with the pertinences, In Edurbury, in the which þe same Abbot hath noone Entre but after þe dissesonyng the which Roger of lyuns þereof vnryȝghtfully And withoute Jugge|ment maade to þe Same Richard after the ffyrst, et cetera. And þabbot come and else i-callid þerof to ware the foresaide Richard of lyouns And Emme his wiffe, Raph the Soone of Ranulph of Astrop Ande William his wiffe, Hugh of Hyngton And moolde his wiffe, the which nowe come By summenyng And to hym ware and Defende his ryȝght quando, et cetera.

And saye that In a tyme Appelyng afore ['dicunt quod aliquo tempore quaedam prelocutio facta fuit.'] whas i-maade [between] oon Hugh of Tywe (fadur [folio 46b] of the foresaide Emme, William, and Moolde) and on Roger of liouns (ffadur of þ^e fforesaide Richard) [when] þat the Same Richard weddid the foresaide Emme, so that the Same Hugh [gave] to þem (Richard and Emme) þe foresaide tenementes, as mariage of the Same Emme, to be holde In tenauntie By the seruice of xj. marke by yere, till þe Same Hugh had i-made to hym In Eschaunge for the foresaide tenementes to þe valour of An C. silynworth of londe in A certeyne place; þe ['qui quidem Hugo.'] which Sothely Hugh assined to theme A C. schelyngworth of londe In Swere|forde, of the which thay been In sesenyng: by the which þe foresaide tenementes, nowe i-axid, to the foresaide Hugh were i-returned, whereof Defawtith [This word seems to be a guess at a contraction in the Latin, possibly 'de facto,' = as a matter of fact.] þe foresaide Richard is in sesenyng of the foresaide C. s. of londe in Swereforde for [In exchange for: 'pro.'] the foresaide tenementes In Edburbury. Axid [The party that had urged the above argument.] Jugge|ment.

And Richard Saieth that hee Allone whas i-ffeffid of the foresayde tenementes In Edburbury by the foresaide Hugh of Tywe while hee whas withinne Age, and, withoute oony condicion, and withinne age, dissesined by the foresaide Roger; and saithe that he noone londe holdeth In Swereforde In Eschaunge for þe foresaide tenementes In Edburbury, And of that he putteth hym-self vpon the Cuntre; And þe foresaide Richard and other also.

Þerefore hit whas i-commaundid to the schreve þat he schulde

make come here, fro the daye of Estur bithyn [By a slip for 'within.'] xv. daies xij. [i.e. 'probos homines.'] , et cetera. per quos, bi the which, et cetera. And the which, et cetera., to the Recognicion, et cetera., quia tam, et cetera. Aftirwarde fro the Daye of Estur In|to iij. wokes of our reine nowe þe xvij. come parties And the foresaide Raph and William, Hugh & Moolde, Saien that þe foresaide Richard none ryȝght clayme maye In the foresayde tenementes for he [Read 'they say': 'qui dicunt.'] Saieth that he hym-selfe relesed and quitc|claymed, of hym-selfe and his heyres aforesaide, to Raph and Willyam, Hugh and moolde, all the ryȝght & clayme [that he had] in þ^e foresaide tenementes for Euer, by A writyng of A quite-clayme that þay schowen in [The meaning is plain, but the grammar even in the Latin is confused.] that witnysseth, And the foresaide Richard maye not þat vnsaye, but ['immo illud concedit.'] that hee grauntith. Þerfor þe Saide Raph and oþer þerof withoute daye. And Richard for false clayme In mercy.

[211.]

Reference to the re|cords of the Court of Common Pleas, for no. 210.

PLEIS at Westmynster, afore Thomas of Weylonde [Thomas of Weyland, Justice of Com|mon Pleas 1274, Chief Justice 1278-88.] and his ffelaws Justices of owr lorde Kynge of the Banke, fro þe terme of Seynte Myȝghell, In the ȝere of the Reyne of Kynge Edwarde the Soone of Kynge Henry xv, Weylonde begynnynge xvj. Weylond Michaell xv.