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

[XXXV. Of Wigginton]

[263.]

1283, May 4. Suit by Oseney, to compel the rector of Wiggin|ton to pay 5s. yearly on March 20, as tithe|rent-charge due to St. George's church, long paid but now withheld. Verdict in favour of Oseney.

ACTes In the prebendall church of Buckeden, þe twysday nexte after þ^e ffest of þe Inuencion of the holy crosse, In the yere of our lorde M^o CC lxxxiij., afore vs olyuere By the mercy of God Bisshop of lincoln, by ordinarie auctorite knowyng, in plee þ^e which was bitwene religiouse men Abbot and Couent of Oseneye (the church of Seynte George with-yn the castell of oxonforde In-to þere owne vses opteynyng), actorres, by ffrere Robert i-callid Maynarde, þere chanon, procuratour of the same actors i-ordeyned, comperyng, of þe oone partie, and Master Richard Malyngton, person of [folio 57b] þe church of Wigynton, gilty, personally comperyng, of þe oþer partie. I-purposid (that is to Say) In Juggement agaynste þe saide person By the foresaide procuratour þat when þe saide siris, for cause (of þem-selfe) of þe saide church of Seynte George, had be In possession, or as, by ryȝght, of takyng v. s. euery yere, In the ffest of Seynte Cuthbert, of þ^e personys of þe saide church of Wigynton, þ^e which þere for þe tyme had be, at Oseney to Be payed, In the name of ij. parties of tithe for all thynge that is i-wonyd to be i-tithid of the Demayne of Wygynton comyng forth, to þe saide church of Seynte George, and longyng lawfully to þe saide religiouse men, and þe Same v. s. summot|longe þey haue i-take hit and lawfully haue i-had hit In

possession, or as: nowe þe saide person þe foresaide v. s. yerely withdrawyng, [and] theme (agayne) for to pay ynne agayne-sayng and þe Same tithis occupying [and] the myndyd religiouse men þat þey myȝght not ij. parties of þe tithes aforenotyd lawfully take in lettyng and trowyng, thoo his lordys of þe v. s. yerely in the (Such maner of spoylyng) for|namyd possession, or as, he agaynste ryȝght hath i-spoylyd, or as, oþerellys such maner of spoylynges to be [do] hee commaundyd, or hit i-doo in his name had it rate, in-to his same lordys preiudice grete and grefe. Wherefore þe saide procuratour axid ffor his fforesaide lordis and hym-selfe to be restoryd and to be browȝght to þ^e state and possession to take, In the Saide terme, þe foresaide v. s. yerely to Oseney, as hit is dew, of þe foresaide persons of þe saide church of Wygynton In to be, aud þe same person of þe church of Wygynton aforesaide to þe foresaide v. s. yerely, at Oseney (as hit is i-put afore), here-after to be i-payed, sentencially by vs to be condempnyd, and i-condempnyd to be i-compellyd to the paying, and ryȝght to hys lordys and to hym In all thynges and axinges [to be done]. [The aforesaid parson having heard and fully understood the statement and demand] aforesaide, afore vs Judicially he knowlegyd playne þoo thynges i-tolde, as þey were i-tolde, to be true, And þerfore þe axinges, as þey were i-axid, to ofte to bee doo. Wherefore we, þe same persones confession and oþer techynges lawfulle folowyng, the foresaide religiouse men, and þere procuratur aforesaide In there name, sentencially restore and reduce to þe state and possession to take þe Saide v. s. of þe personys of þe saide church of Wygynton, at oseney, In the ffest of Seynte Cutbert yerely hereafter, to be i-payde, And the myndyd person

of the foresaide church of Wygynton þe which for þe tyme [shall be] to pay In the tyme to come the fforesaide v. s. yerely at Oseneye, as hit Is i-put afore, by Sentence of commaundyng we condempne, of þis our sentence [the execution], to our officere and to our Archedecun of oxonforde or to his officiall or to euerich of them, al so ofte as cavse axith, committyng. Þe Date and Acte, þe daye, yere, and place, aforenotyd.

[264.]

1271/2, March 16. Suit by Oseney, to compel the rector of Wiggin|ton to pay 5s. tithe-rent|charge on March 20, due to St. George's church, now with|held, with arrears and damages. Verdict in favour of Oseney, who with|drew claim for arrears and damages. Verdict accepted by defendant.

ACTes in Seynte Petur church In the Est of Oxon|forde, þ^e Saturdaye [folio 58a] nexte affore þe ffeste of Seynte Cutberthe Bysshop, In the yere of our lord M^o[CC]lxxj., afore Master Richard Mepham, Archedecun of oxonforde, by Jurisdiccion ordinarie knowyng, In plee þe which was bitwixst religiouse men Abbot and Couent of Oseney, actors, by master Geffray Brom, clerke, þere procuratour lawfully i-sett, comperyng, of þe oone partie, and Sir Symonde ffiȝt Symonde, person of the church of Wygynton, gilty, by John of Sutton his procuratour, sufficient hauyng commaundement, also comperyng, of the oþer; that is to say, when that hit was i-knowe to vs þe saide sir Symonde at þe same daye and place lawfully and peremptorye to haue be callyd, parties bothe procuratours and also the copye of the certificatorie of our decre þey opteynyd: and, of the parte of the saide religiouse men whas i-purposid A libelle vndur this forme:

'Afore yow, lorde Jugge, seyn and purposyn þabbot and couent of Oseney agaynste Symonde ffiȝt Symonde, person of the church of Wygynton, þat, sith fro the tyme of þe which is no mynde þey were in possession, or as, in þ^e name of takyng of ij. parties of the tithis of þe Demayne of Wigynton v. s. euery yere, in the ffest of Seynte cutberth, at Oseney, of the personys of þe saide church of Wigynton the had bee for þ^e tyme, And þe same v. s. yerely lawfully had possessid, or as: Nowe þ^e saide person syr Symonde v. s. yerely abovesaide with|drawyng, of þe same v. s. yerely in possession afore-namyd, or

as, hath i-spoylyd, and þe same to þem to pay agayne-saithe, vnryȝghtfully: Wherefore þey axe hem-selfe to be i-browȝght ayene and to be restoryd to the state and possession to take þ^e saide v. s. yerely, and þ^e same sir Symonde, person of the church of Wigynton aforesaide, and þe personys of þ^e church the which been for the tyme, to þe v. s. yerely, at Oseney, yerely In the ffest of Seynte Cutbert, hereafter to be payde to þem, to be condempned. Þey axe þ^e arrerages and expenses i-made yn þ^e stryffe, makyng a protestacion in them too be doo.'

And in the same libelle and the procutour of þ^e same symonde obteynyd, And sumwhat a while a deliberacion (hereafter) i-had, þ^e same procutour of the entent of þe saide religiouse men knowlegyd in this maner: 'I, John of Sutton, procutour of Symonde ffiȝt symonde, person of þe church of Wygynton, in the name of my lorde, of certeyne knowyng, knowlegh þoo thynges i-toolde In the libelle of þabbot and couent of Oseney aforenamyd, as þey been i-tolde, to be true, and þerfore þe þynges i-axid, as þey ben i-axid, to ofte to be doo.'

Wherefore we, Richard of Mepham, Archedecun of oxonforde, þe merites of þe plee i-herde and i-vndurstande, vppon v. s. yerely in the libell afore-notid i-comprehendyd, i-mouyd bituene thabbot and couent of Oseney, actorrs, of þe oone partie, and þe saide Sir Symonde, gilty, of þe oþer, and of his procuratour confession and oþer þynges þe saide plee towchyng with diligence rehersid, þat þentent of þe saide Abbot and Couent of Oseney lawfully i-fundyd or groundyd we haue i-founde and preuyd; þe same Abbot and couent, & the saide þeyre procuratour in there name, by this owr sentence diffinitife, re [folio 58b] duce and restore to þe state and possession to take þe saide v. s. yerely; and þe [said] symonde, person of þe church of Wigynton aforesaide, and personys þ^e which þere for þe tyme shall be, to þe foresaide

v. s. yerely, at Oseneye, yerely in the feste of saynte Cutberth bisshop, hereafter to be paide to þe same religiouse men, we condempe, þat same sir Symonde, and þe saide John his procuratour, fro the impeticion of foresaide religiouse men procuratorye vppon þe arrerages and expenses assoylyng. Þe which our sentence þe saide John, of þe saide procuratour sir Symonde, in the name of his lorde, v. s., of þe plee aboue expressid, in our presence, nyȝghe of þe religiouse men procuratour aforesaide, in þere name to be payde, acceptid hit.

[265.]

1270/1, March 19. Letter of the rector of Wiggin|ton, appointing a procura|tor to represent him in the suit, as in no. 264.

TO the worschipfull man and dyscrete Syre, Arche|decun of Oxonforde, hys deuote clerke, Symonde ffyȝt Symonde, person of þe church of Wygynton, helth in our lorde. Þe vice of collusion i-repreued, naþeles of þe Arrerages fyrst not to be axyd (yf þere bee oony) fulle surete Is i-maade, In the plee þat ys bytwene þe lordys Abbot and Couent of Oseney, of þe oone partie, and me, of þe other, vppon a yerely rent of v. s. in the name of ij. parties of tithys comyng forth of þe demayne of Wygynton, my beloued John of Sutton, þe brynger of þys presentes, to knowlege expressely me to haue i-yeve, to þe Abbot and couent, v. s. yerely, in the name of þe tithis comyng forth of ij. partyes of þe Demayne of Wygynton, my procuratour [I] ordayne, rate to haue what-soo-Euer thyng by hym In the sayde plee, after þat that hath be sayde afore vs, hit was i-actyd; for him Also I promitte i-Juggyd to be i-payde, þe same to þ^e parte Agaynste signyfying. I-yeve at Tew, þe þursday after þe ffest of Seynte gregory pope, In the yere of our lorde a[nno] Ml CC lxx.

Notes

• Oliver Sutton, bishop 1280-99. This deed is one in which the translator appears at his worst.
• 'Proposito, videlicet.'
• A misrendering; 'sui' has been taken from its proper noun 'siris' and put into the next clause. Read 'the said his lords, by reason of the said church of St. George.'
• 'vel quasi': i.e. if not in actual, then in practical possession.
• 'iure' goes with 'percipiendi,' 'of taking by right.'
• 'canonice spectantium': should come in, at end of the clause, after 'men.'
• 'aliquamdiu.'
• 'vel quasi.'
• Omit 'agayne,' 'eosque solvere contradicendo.'
• 'Wygynton' in margin.
• Read 'trow[bl]ing': 'et perturbando.'
• Read 'of'; Latin: '. . .solidorum. . . de possessione. . .spoliavit.' The English is mirk-dark through following the Latin order.
• Omit the bracketed words, brought in in error.
• 'vel quasi.'
• i.e. the parson.
• 'vel quasi.'
• Latin 'seu.'
• 'non modicum.'
• 'possessionem percipendi.'
• 'in futurum.'
• 'iustitiam.'
• 'exhiberi.' The whole sentence de|pends on 'axid' above.
• Added from the Latin.
• openly: 'de plano.'
• 'narrata.'
• 'petita.'
• 'alia documenta legitima.'
• i.e. that . . . Simon . . . had been sum|moned.
• 'partes tam procuratorii quam certifica|torii copiam ex decreto nostro obtinuerunt.'
• Name noted in the margin.
• 'vel quasi.'
• Mis-rendered: read 'of takings (in the name of two parts. . .) v. s.'
• Read 'the [which].' Otherwise, article for relative: 'qui ibidem pro tempore fuerant.'
• 'vel quasi.'
• i.e. has spoiled of the possession of the v. s.
• 'vel quasi.'
• 'contradicit.'
• i.e. reserving power to claim additional expenses, if incurred: 'de faciendis protes|tando.'
• Mis-rendered: read 'And in the same way, the case, and the letter of procurator|ship, of Simon, being produced.'
• 'procuratorio' (abl. absol.).
• 'aliquamdiu.'
• Omit.
• The English needs to be re-arranged to bring together the participles and their nouns: heard and understood the merits—of the plea moved—upon 5 shillings con|tained—in the forenoted libel.
• 'ab impetitione predictorum religio|sorum procuratoris.'
• Read 'procuratour of þe saide sir Sy|monde.'
• 'ex causa superius expressa.'
• 'cominus dictorum religiosorum pro|curatore antedicto.'
• Even in the Latin the grammatical structure is impossible, and we have to be contented with the general sense.
• i.e. although the terms of the verdict to be given have been settled by compro|mise between the parties, the agreement is an honest, not a collusive, one.
• 'Wyggynton' in the margin.
• In Latin is in the ablative absolute = 'With the proviso that arrears are not to be asked, I name my proctor to acknow|ledge my liability for 5s. yearly.'
• 'ratum habiturus.'
• 'secundum quod dictum est coram nobis.'
• 'hit' takes up 'thyng,' and is super|fluous.
• 'iudicatum solvi promitto.'
• 'parti advers[a]e.'