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

[XIII. Of Water-eaton (north of Oxford)]

[74.]

Reference to nos. 12, 16, 13, 14, 18.

HIT is to be Mynded þat we haue the towne of Eton of þe ȝifte of Robert Doylly þ^e soone of Nigell Doylly, with þe pertinences; and of þe confirmacion of Henry his soone, And of Kynge Henry þe ffirst, and of Aliȝaunder Bisshop of lincoln, and of pope Eugenye þ^e iij., as hit is aboue in þe title of 'þ^e fundacion of Oseneye.'

[75.]

Water|eaton on Cherwell.

IN þe Baylifhoode of Eton ben i-conteyned þese vndur-write:—Eton, Carsinton, Woodeton, þe Mill of Hulc, Cudeslawe, ffrees, Hanborowgh, and Worton.

[76.] [Controversy] betwene Osney & ffryswys.

1227/8, Jan. 19. Agreement between Oseney and St. Frides|wyde's, as to tithe of Hulk mills, a point left unsettled in no. 54, that at any time dur|ing which the priory has the mills in hand 2s. yearly shall be paid to Oseney in commuta|tion of tithe, but when the mills are farmed out the ten|ant shall pay tithe to Oseney in the usual way. St. Frides|wyde's servants in the mills to pay parish dues to Kidlington.

BE hit i-knowe to all men that when, bitwene Sire Richard Abbot and Couent of Osney of þe oon partie and Sir Symon prior and couent [folio 19a] of Seynte ffrideswith of þ^e oþer partie, was i|sterede a controuersie [vppon þe tithis] of þ^e Mille[s] of þ^e same chanons of Seynt ffrideswith, þe which Robert Hulc helde in þ^e towne of Watereton; and vppon þe tithis of heye of þe mede to þe same Milles perteynyng; and vppon tithis of ffisshyng per|teynyng to þ^e same milles, whenne þe Article vppon þe same mille[s] and tithis in þe composicion i-begunne bytwene parties vppon þ^e tithis and oþer thynges abode vndetermined: at þe last, þey consentid with oone wille vppon Maister Roger Cauntelow and mayster N. of þe Woode that by þem þe ques|tion shuld be determined: so, at þ^e last, strife and controuersie afore þem i-mevid in this maner frendely hit restid, that is to say, þat þ^e saide chanons of Seynte ffrideswith [in the name of tithes of the church of Cudelinton] shall paye for þe saide tithes to þ^e chanons of Osney [ii. s.] ȝerely at þe ffest of Seynte Miȝghell; and if hit hap that þ^e saide chanons of Seynte ffrides|with þe saide Milles to oony oþer take, þen þei which take þe

Milles, while þey holde þem [shall pay] þe tithe[s] of þ^e for|saide Milles mede and ffisshyng to þe saide chanons of Osney (þ^e chanons of Seynte ffrideswith in þ^e mene-while fro þe ȝevyng of þ^e saide ij. s. Deliuered); but if þe same Milles with þe pertinences þey take agayne, lete renne þen þ^e payng of ij. s. as afore, so þat no more, in þe name of tithis, of þem al so longe as þey holde þem in þere handes may be axid. The chanons of Seynte ffrideswith haue i-grauntid also þat þere seruantes in þ^e forsaide Milles parisshe ryȝghtes to þe church of Cudelyngton pertey[ny]ng (in þ^e parisshe of þ^e which þe Saide Milles ben i-sette) doo, as þey haue i-woned and ofte. Þese thynges were i-actid att Seynte ffrideswith afore þe saide Masters R. and N. þ^e daye of Woden nexte afore þ^e feste of Seynte Vincente þe ȝere of þe Incarnacion of owr lorde anno M^l CC xxvij. In-to þe strength and witnesse of þ^e which thyng þ^e forsaide parties, to-gedur with þe Seeles of þe saide masters, to þis present writyng put to þere seeles. Þese witnesses, et cetera.

[77.] A charter of þe prior of Seynt ffrideswith and of þ^e chanons of þ^e same place of þ^e sute of Eton.

1221. Grant to Oseney, by St. Frides|wyde's that Oseney de|mesne-land and tenants shall be free from suit, and from multure|fines, to Hulc mills, and that if Oseney or Oseney tenants choose to have corn ground there, their doing so will not be made a pretext to revive the claims; Oseney sur|rendering 2s. tithe|rent-charge in Elsfield and agree|ing to pay 6s. 8d. yearly.

TO all cristen men to þ^e which þis present writyng shall come Symon þe saide prior of Seynte ffrideswith and þ^e Couent of þe same place helth in our lorde. Knowe ȝe all vs to haue quyte-claymed and vtturly to haue relesed to þabbot and Couent of Oseney þe Sute of þere men in Eton and Cudeslawe, now beyng and to come, þ^e which Sute þey had i-woned to doo of Olde to owr Mylle that Is i-callid Hulces Mylle, or of grace or of Dewte, noþer neuer by þ^e olde chalenge getyng of custom comyng in þere gryndyng shall chalenge, noþer of þ^e Demayne of þ^e forsaide Abbot And Couent, and what-so-Euer of ryȝght we haue in þe forsaide gryndyng of þem or of þere aforsayde men we relese hit for Euer, with-oute reclaymyng; And if in oony tyme hit will please to þ^e forsaide Abbot and chanons

or Couent of Oseney the maynye of here owne Courte of Eton, or þere men, for cawse of gryndyng, to our Mille Come, of no Sute Dewte, by such maner, we shall axe or chalenge of þe forsaide maynye or men. And for this renuncyng and quite|claymyng, þe forsaide Abbot and Couent of Osney remittyng to vs ij. s. þe which we paide to þem ȝerely for certeyne tithis in El[s]efelde of oolde, þ^e forsaide Abbot and Couent shall paye to vs ȝerely halfe a marke of Siluer in þe ffest of Seynte Myȝghell. And þese thynges of Both parties beth feythfully and spedely to be kepid we haue Surely behestid, with-oute Gile or Cauilla|cion. And that this Couenaunt betwene vs i-begunne abide sure and vnbroke, with þe surete of this present writyng and by puttyng to of owre seele we haue i-strenghtid hit. Þese witnesses, et cetera.

[78.] A composicion bitwene vs and þ^e Howse of Enesham of þ^e Demayne of amise in Karsynton & fisshyng in Wodeton.

1222, June 21. Oseney and Einsham being at variance about cer|tain tithe in Cassing|ton, and arrears of rent of a fishery at Wood|eaton, Einsham accepted payment of 2s. in lieu of the arrears, and leased the fishery|rights to Oseney for 2s. yearly quit-rent, which Ose|ney paid by surrender|ing to Ein|sham a tithe-rent|charge of 2s. in Wor|ton (no. 91). Einsham granted Oseney a 6 ft. strip along Cher|well to make a dam, on condi|tion that Einsham meadow shall suffer no harm. Oseney granted Einsham a perpetual lease of Oseney tithes in Cassington for 6s. yearly. Penalty of £2 on the breaker of this agree|ment.

TO all chiddren of our holy modur þe church to þe which this present writyng shall coome, of Euesham & [folio 19b] Wyncchecumbe Abbotes and prior of Euesham helth in our lorde. Knowe ȝe all þe contrauersye þ^e which was i-stered afore vs, by þe auctorite of our lorde pope, bytwene thabbot and Couent of Enynsham of þ^e oone party, and thabbot and Couent of Osney of þ^e oþer partie, vppon two sheves of tithis of þe Demayne of Amise of Wodestoke in Carsinton, and vppon a summe of moneye ȝerely for þe ffisshyng of Woodeton, with þe arerages of iiij. yere of þe same, by a frendely composicion in this maner hit restid: that is to say, that þ^e saide Abbot and Couent of Eynysham with goode wille relesed to þe saide Abbot & Couent of Osney iiij. s. iiij. d. of vj. s. iiij. d. þ^e which þey axed of þem in þ^e name of þ^e ffisshyng of Woodeton, þe which ffisshyng þey grauntid to þe same chanons of Osney (that is to say, all þe parte of þere water of Woodeton, with þe ffisshyng, fro þat place

where þe water begynneth to be here towarde yhtesleye vnto þat place where in oolde tyme was a locke or goter, to an scluse to be maade, or locke if þey will, or to oþer necessarye vses to þem) to be holde for ij. s. ȝerely for all exaccion for Euer, for þe paying of þe which ij. s. yerly þe saide chanons forȝafe to þ^e saide Abbot and Couent of Eignysham ij. s. ȝerely þe which þey paied yerely to þ^e saide chanons for tithis of Worthon. They grauntid also to þe forsaide Abbot and chanons a Brynke by þe water, in length of vj. fote, fro þ^e locke or goter vnto þe Arable londe, þe which Brynke (if þey make þere a goter or locke), or will arere vp An scluse of here londe and will kepe hit in all tyme, þey shall so kepe hit, so (þat is to say) that by noo goyng ouer of water or oony oþer withstandyng (while þe saide chanons make hit) to þe mede of þ^e saide Munkes maye harme come; And if by-cawse þere come hyn|deryng þerof, þ^e saide chanons, withoute differryng or occasion, competently shall Amende hit. And þe forsaide chanons haue i-grauntid to þe forsaide Abbot and Munkes þe saide tithis of Carsynton, to be holde of them for euer to fferme, for vj. s. of sterlynges ȝerely at two termes to be i-paied, þat is to saye, at þe ffest of Myȝghelmasse iij. s. and at Estur iij. s. and if oony of þe saide parties agaynste þe saide composicion be come, to þe oþere partye he shall paye þe peyne of xl. s. and that this com|posicion be Sure and stable for Euer, hit with our Seeles, to|gedur with þ^e seeles of þe parties, we haue i-strenghtid. These thynges were i-doo In þ^e vigile of Seynt Albon prothomartir of Inglonde in þe church of Seynte Marye Mawdelen of oxonforde, þe ȝere fro þe Incarnacion of our lorde, anno M^l CC xxij. These witnysses, et cetera.

Notes

• All the property, up to this point, had been 'in the bailiffship of Oseney.'
• Nos. 74 and 75 are enclosed by a bracket, and noted 'Eton.'
• i.e. Cassington.
• Latin text of the St. Frideswyde's deed is given in Wigram's Cart. S. Frid., ii. 211.
• Added from the Latin.
• An excellent place for the double meaning of take = (i) to give, (ii) to take. The Latin is: 'Si . . . canonici . . . molen|dina aliis quibuscunque tradiderint, tunc qui receperint illa molendina . . . solvant,' etc.
• 'Currat praefata solutio dictorum ii. s. sicut prius.'
• 'Debuerunt.'
• 'die Mercurii.'
• Wigram, ii. 209-10, has Latin text both of the Oseney grant by abbot Clement (died this year, 1221), and of this St. Frideswyde's grant by prior Simon.
• 'siue ex gratia siue ex debito.'
• 'nec unquam, obtentu antique con|suetudinis, aliquid in eorum molitura vendicabimus.'
• Insert 'that.' The Latin is: 'Si . . . placuerit . . . conuentui Oseneie familiam proprie curie . . . siue homines suos . . . accedere, nullius secte debitum, huiusmodi occasione, exigemus.'
• 'promisimus.'
• Vivian, son of Ralph, sheriff of Ox|ford: which was 5-6 Henry III, 1220-2.
• Marginal note: 'Kersynton and Wodeton.'
• i.e., two-thirds of the tithe: see no. 21.
• i.e. theirs; 'sua.'
• 'ubi antiquitus gurges fuit, ad faciendam ibi exclusam, vel gurgitem, si voluerint, vel ad alios usus sibi necessarios.'
• 'ripam secus ipsam aquam.'
• Read 'breadth.'
• The translation here breaks down by neglecting the change from the subjunctive to the indicative. Read 'if they there shall make a lock or excluse, they must raise that bank (ripa) with their own earth, and keep it always mounded up (elevatam), in such wise that no hurt shall happen to Einsham mead, by overflow of water (inundatio) or damming of the stream (obstaculum) caused by Oseney.'
• 'si forte.'
• i.e. harm: 'detrimentum.'
• deferring: 'dilacione.'