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

[39.]

About 1140. Confirma|tion to Oseney, by Robert Doyly II, the founder, of all property acquired from himself or his tenants, with all per|quisites; and grant of exemptions from his feudal superiority, viz, right to hold court for their own tenants, free of suit to Doyly court|baron or Doyly view of frank|pledge, or Doyly mills or Doyly feudal claims; right to felon's goods of their own tenants; right to such escheats of their property as fall to the Doylys as lords of the manor; right to fines imposed on their tenants; exemption of Oseney and Oseney tenants from forced labours, or imprison|ment; grants of fishery and pan|nage rights, except in enclosed fish-ponds and parks; of common pasture; of right to take out of pound, on giving surety, cattle im|pounded, and to make good the damage by private treaty; of wood to repair houses and fences, and for fuel; of right to choose their own head, and to appoint and dismiss all their stewards.

KNOW all Cristen men that I, Robert Doylly [Name noted in margin.] , haue grauntid, and with this present charter confermed, for me and myne heyres, to god and to þe church of Seynte Marye of Oseneye and to þe chanons there seruyng god foreuer, for my helth and of Edithe my wiffe, kynnesfolkes ['et parentum.'] , and of my ffrendes,

in-to ffree pure et perpetuell almes, all londes Rentes tithes tenementes and possessions, both of þ^e church and of þe layse ['layfee' (i.e. lay fee) in the recitation in no. 93: 'tam laicas quam ecclesiasticas'; i.e. temporal and spiritual.] , þe which þey haue of my yifte and of þe yiftes of my men, and which of me or my heyres and of my men þey may gete in tyme to be, in all my maners, with all liberteis and fre customs þe which euer I have i-hadde, or ony of my aunceturs, or in tyme to be [I] maye ['perquirere potero.'] gete or my heyres maye gete.

And I have i-grauntid also to þ^e same chanons and to þere successours, for me and for my heyres, that þey haue þere [folio 11a] courte foreuer fre [Marginal note: 'liberties.'] in all my maners of all þere men for all mysdoynges or defawtes wheresoeuer and whansoeuer and ['et undecunque evenerint.'] of what-soeuer þey happe; and þat þey and there men be quite foreuer fro all maner sutes of my courte foreuer fre in all my maners and of my heyres, and of lawday, and of such thynges þe which longen to vywe or lawday, and of all sutes of my mylles, and of all helpis tallages exaccions quarels or playntes and demaundis; and if [Marginal note: 'bona felonum.'] for fleyng or felonye oony of there men ofte to lese his catell, þey shall be of the chanons, withoute oony withholdyng to me or to my heyres; And if bestes or catall in londis or tenementes of the same chanons or of there men tenauntes ['vel eorum tenencium.'] be i-founde or arestid, I graunt, for me and my heyres, to þem and to þere successours what-soeuer [Marginal note: 'escaeta.'] thyng þerof to me or to oony of myne by lawe maye falle or shall ['vel poterit in perpetuum.'] mowe foreuer; Also if they or oony of þer men be [Marginal note: 'amerciamenta & fines.' The distinction, a vague one, be|tween these was, that 'amercements' were penalties imposed by the judgement of the affeerers where there was no fixed penalty; 'fines' were penalties where statute or cus|tom fixed the amount. This deed seems one of those used in fabricating no. 21.] amercyd agaynste me or my heyres or my Baylyffes or my men, for what-soeuer cause or trespase or forfete, all þe mercys and merciamentes and all fines and all profites and all owtynges of pleys þe which come forth of them or þere men shall be of þ^e same chanons, withoute oony withholdyng to me or to my heyres, wheþer hit be for a defawte or for oony oþer cawse. I have

i-grauntid also to þe same chanons, and to þere successours, þat noþer I noþer my heyres noþer none in owre name or ['vel ex nostris.'] of owre maye here-after axe of the forsaide chanons or þere succes|sours or þere men oony custom or seruice or bondage, noþere [Marginal note: 'not to imprison any man except for open theft or manslaughter.'] [þere] men in-to prison or in-to bondis or in-to stokke putte for oony trespace or forfete, but with open thefte or mansslautter vppon my demayne londis they be take and attachid. I will also, and surely commaunde, for me and my heyres, þat þe for|saide chanons and þere successours and þere men haue well and in peece [Marginal note: 'Nota fredom grete: fre fishings (commune).'] , in all my maners wodis and waters pondis and ffischynges, fre fisshyng, and fre entrye and goyng oute and pannage of þere hogges quyte, outetake stywys and my parkes closid in. And that þey haue fre commune to þere shepe and hogges and to all other bestes in all my maners in [Read 'and': 'et boscis meis.'] wodis, and that þey be not Inparkid or pownyd but þey be i-founde in open harme; And if that happe, by borowgh þey receyue here bestes, and after by þe syȝght of lawfull men þe harme that þere bestes haue i-doo, oute of my courte, þey make hit to be amendid. To þese thynges we haue i-grauntid for me and my heyres howsebote and haybote and to be brenned resonably at here graunges, of my wodis [Marginal note: 'Nota: Marke well.'] in there places where I have wodis. Also I will and graunte, for me and my heyres foreuer, that þe saide chanons and successours mowe chese to þem and ordeyne [Marginal note: 'Nota this grete priuelege.'] a prelate to þere will, after þe decese of euery prelate, withoute lette of me or of my heyres; And þat þey maye putte, haue, and putt awey, in all here granges and þynges, kepers suche as semyeth to þem and to þere howse to be goode ['expedire.'] . And þat þis my yifte graunt and confirmacion of this charter be stable and sure foreuer, To this writyng my seele I haue i-putte to. These witnesses [Enumerated in the recitation, no. 93.] et cetera.