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C 61/89

Gascon Roll for the 50th year of the reign of Edward III

Physical condition of the roll

This roll consists of 8 membranes, with entries written on the face of the membranes only. The final membrane, which doubles as a cover, bears a heading on the outside of uncertain date, which is now partially erased. However, the roll is in excellent condition, and the text is legible throughout.

C 61/89 50 Edward III (1376-7)

The roll for the penultimate regnal year of Edward III has a considerable variety of entries within it. The war which had so dominated events in the duchy was having less of an impact at this time because of a truce which had only recently been extended. However, small numbers of letters of protection and of attorney continued to be issued for those staying in the duchy or going there. 1 There was also a continued concern to foster stronger diplomatic ties with the count of Foix and the king of Navarre with English and Gascon administrators and nobles being assigned as proctors for the negotiations. 2

Although the war was temporarily suspended by the truce, the king continued to reward and compensate those who had supported him through the difficult preceding years. Monpenot de Fleix received a grant of the baylie of Hastingues for life. Interestingly the king also seems to have shown a concern for the governance of Hastingues by this appointment by insisting in the grant that Fleix remained at Hastingues and conducted the office in person. 3 Aymeric IV de Biron, lord of Montferand-du-Périgord, received a grant of Monpazier for life on account of the great losses he had suffered in the war. 4 Ramon de Montaut, lord of Mussidan, seems to have been particularly well regarded for he received a number of grants in this roll in compensation for the damage and losses he had suffered. Montaut himself requested the lands of Bertran du Foussat, who was alleged to be a rebel. This was granted on condition that Montaut attempted to bring Foussat's heir back into the king's allegiance whereupon Foussat's lands were to be restored to the heir. It seems likely that Montaut had some link to the Foussat heir, and was perhaps acting on the behalf of the heir, as the language suggests some sort of collusion, a fact tacitly acknowledged by the king. 5 Montaut received further grants of the lordship and baylie of Saint-Privat and of the places of Puy-de-Châlus, Montpon and Montignac, formerly of the count of Périgord, a rebel. 6 He also received a grant of the baylie of Nancras (in Saintonge). 7 Although there was a truce in place, one curious element of several of the grants made to Biron and Montaut was that the grants were made on condition of the recipient conquering the lands, and would clearly recognize that all concerned saw the truce as a very temporary expedient.

The grant receiving the most attention in the roll was that to John of Gaunt of the castle, town and place of Bergerac. 8 Bergerac, a large and important town lying on the northern bank of the Dordogne, had been conquered by Henry of Grosmont, then earl of Derby, and lieutenant in Aquitaine in 1345, and had subsequently been granted the place by the king. On the death of Grosmont the town had come back into the king's hands, and afterwards the prince's. This grant simply restored the town to Gaunt, who by this time had succeeded Grosmont as duke of Lancaster. One final entry concerned a grant made by Edward I and Eleanor of Castile to the friars minor of Saint-Macaire. The grant had been of 20 s.ch. each week for a meal, and had fallen into arrears. The king ordered the constable to pay the arrears, and to continue making the payment. 9

Justice continued to be a matter of importance in the rolls. In most cases these were causes that came to the king on appeal. The first on the roll, although lacking in the detail which would have allowed us a fuller comprehension of the matter, was a dispute between an Englishman - John de Horton ( alias Jak Taillour), and the Welsh knight Gregory Sais. Horton had appealed to the king over the custody of the castle of Gençay over which Sais was impleading him. Horton claimed that he could not come to court for fear of his enemies. The detail of this case would be of particular interest because because Sais had married Radegonde Béchet, a Poitevin noble woman. 10 Another case links back to an entry on an earlier roll with. Despite earlier orders a dispute between Master Robert Wickford, king's clerk, and former constable of Bordeaux, and a Breton esquire over a prisoner, had still not been resolved, with English administrators failing to locate the esquire to summon him before the king and his council. 11 Andriu de Balambits, a burgess of Dax, faced similar problems to Wickford. He was being pursued by a Bordeaux merchant for a debt that he was alleged to owe. Balambits complained of abuse of process by his adversaries and by Gascon officials, and appealed to the king. 12

The king also concerned himself with the preservation and extension of the liberties of loyal Gascon towns and cities. Despite annexation to the English crown, the strategically important town of Blaye of the Gironde had been granted by Prince Edward of Woodstock in 1357 to Auger de Montaut, lord of Mussidan, until he could be compensated elsewhere. At the request of the burgesses the king attempted to restore the original situation. 13 The city of Bayonne received particular attention. The seneschals of Gascony and of the Landes were ordered to permit the mayor, jurats and hundred peers of Bayonne to enjoy their liberty. 14 They also received a grant of murage for five years to repair the defences of the city. 15

Trade also received attention. Like the preceding rolls a number of grants of licences to take victuals from England to Bordeaux. A number of Bordeaux merchants were granted licences to take wheat, beans and peas bought in various specified English counties to Bordeaux. 16 English merchants and others were also granted licences. A couple of licences were granted for beans and peas bought in Somerset, Dorset and Devon from Dartmouth and Lyme Regis to be taken to Bordeaux or Bayonne. 17 Warin Moynel received a licence to take beans, peas and oats to Bordeaux, and bring wine and other merchandise back to England. 18 William Tippett received a licence to take wheat from Southampton or Bristol to Bordeaux. 19 One other entry concerned a case of possible piracy by Gascons on Catalan merchants, members of the crown of Aragon. The merchants had loaded grain and other merchandise on a ship from Sluys with a Flemish master, which they were taking to Bordeaux. Pey de Saint-Symphorien, alias de Landiras, kt, and others seized the ship and took and sold the merchandise, and claimed in the legal proceedings that they had done it because the Catalans were enemies of the king. The king received the complaint but sent it back to Thomas de Felton, seneschal of Aquitaine, to deal with, though he did confirm that he believed that he and the king of Aragon were at peace. 20

Jonathan Mackman & Simon J. Harris.

1.
entry 8 , entry 9 , entry 10 & entry 11 ; entry 14 , entry 15 , entry 16 & entry .
2.
entry 20 , entry 30 , entry 47 & entry 48 .
3.
entry 21 & entry 22 .
4.
entry 44 .
5.
entry 42 & entry 43 . The grant replaced a cancelled grant of the same date, entry 23 & entry 24 .
6.
entry 32 & entry 34 .
7.
entry 33 . The king also confirmed the grants made to Montaut by Thomas de Felton, seneschal of Aquitaine, and Edward of Woodstock, prince of Aquitaine ( entry 35 , entry 41 & entry 49 ).
8.
entry 26 .
9.
entry 45 .
10.
entry 5 .
11.
entry 7 & entry 29 .
12.
entry 40 .
13.
entry 18 .
14.
entry 50 .
15.
entry 53 .
16.
entry 1 , entry 2 , entry 3 & entry 31 .
17.
entry 12 & entry 13 .
18.
entry 38 .
19.
entry 46 .
20.
entry 6 .
1

28 January 1376 . Westminster . Concerning the transport of grain .

To all and singular admirals, captains, castellans and their lieutenants, customers, keepers of sea ports and other maritime places, sheriffs, mayors, bailiffs and others.

Licence to Bidau Terre of Burdegal' Bordeaux , merchant , at his request, that he and his servants may buy 100 quarters of wheat and 50 quarters of beans and peas in the county of Devon , load them into ships in the ports of Plymmuth Plymouth and Dertmuth Dartmouth , and take them to Burdegal' Bordeaux , for the sustenance of the king's people resident there. He has personally made his oath in chancery that he will take this grain to Bordeaux and nowhere else. The bailiffs of Plymmuth' Plymouth and Dertmuth' Dartmouth are each to return these letters patent into chancery, endorsed with the quantity of grain loaded in their ports, and Bidau is to return letters into chancery from the mayor of Bordeaux before Michaelmas next, certifying the unloading of the grain there. The mayor is also to supervise that the grain is distributed for the sustenance of the king's people there, and for no other purpose. Order that Bidau and his servants be permitted do this freely and without hindrance, having first paid the customs, subsidies and other moneys due, any proclamations, ordinances or orders to the contrary notwithstanding.

By C.

Concerning the transport of grain.

2

16 February 1376 . Westminster .

To all and singular admirals, captains, castellans and their lieutenants, customers, keepers of sea ports and other maritime places, sheriffs, mayors, bailiffs and others.

Licence to Labarta Menaut de Labarthe , Berneda Arnaut-Guilhem de Bernède and Molarin Jordan de Monlarin , merchants of Burdegal' Bordeaux , at their request, that they and their servants may buy 500 quarters of wheat in the counties of Sussex and Sutht' Hampshire and on the Insula Vecta Isle of Wight , load them into ships in the port of Sutht' Southampton , and take them to the city of Baione Bayonne , for the sustenance of the king's people resident there. They have personally made their oaths in chancery that they will take this wheat to Bayonne and nowhere else. The mayor and bailiffs of Sutht' Southampton are to return these letters patent into chancery, endorsed with the quantity of wheat loaded in that port, and the merchants are to return letters into chancery from the governor of Bayonne before Michaelmas next, certifying the unloading of the wheat there. The governor is also to supervise that the grain is distributed for the sustenance of the king's people there, and for no other purpose. Order that they be permitted do this freely and without hindrance, having first paid the customs, subsidies and other moneys due, any proclamations, ordinances or orders to the contrary notwithstanding.

By C.

3

Same as above

Similar licence to Pey-Johan de Lespine, merchant of Burdegal' Bordeaux , to buy 300 quarters of wheat in the same counties and isle, load them in the same port [of Southampton ], and take them to Bordeaux , in the same form.

By C.

4

29 February 1376 . Westminster . For protection .

Letters of protection with clause volumus until Christmas next for Weylond John Weyland of Suffolk , esquire , who is going overseas on the king's licence, to stay there in the king's service in the company of William Elmham, governor of Bayonne and seneschal of Landes .

By C.

5

6 March 1376 . Westminster . For John de Horton, concerning an appeal .

Order to the seneschal of Gascony, or his lieutenant, the constable and mayor of Bordeaux and the justices of appeal there that they should supersede all proceedings against John de Horton, alias Jak Taillour , if he has appealed the matter concerned to the king and his council by his proctors, and should not begin any further proceedings, but instead should give the parties a suitable day to appear before the king and his council in England, in person or by sufficient proctors, to receive whatever the king and his council should decide in this matter. They are also to send all process arising from this cause, with all things touching it, and this writ to the king and his council in England before the day given to the parties, under the seal of one or two of them. Horton has complained to the king that a certain Degary Seys Gregory Sais 1 has impleaded him in the court of Bordeaux, concerning the keeping of the king's Gensey castle of Gençay 2 . Since Horton believed that he would be unduly and unjustly harmed and fatigued by this matter, and does not dare come to that court through fear of his enemies and other reasons and impediments, he has legitimately appealed to the king, as superior judge, and his council by his proctors in that court. However, Degary has pursued his cause against Horton in that court, notwithstanding the appeal, to his great cost, and thus he has complained to the king for assistance, lest he be unduly condemned in his absence. 3

1.
The Welshman knight Gregory Sais, often called in the documents as Degore Says and sometimes Adam Chel. See Carr, A. D., ‘A Welsh knight in the Hundred Years War: Sir Gregory Sais’, Transactions of the Honourable Society of Cymmrodorion (1977), pp. 40-53.
2.
Gregory Sais held the castle of Gençay until 1375 when he surrendered it to the French.
3.
The lower half of this membrane is blank.
6

12 February 1376 . The palacium nostrum Westm' palace of Westminster . Concerning process returned under the foot of the seal .

Order to Thomas de Felton, seneschal of Aquitaine , that, having inspected the process enclosed under the foot of the great seal, he is to call the relevant parties before him, proceed in the business of the case and determine it according to right and the fors and customs of those parts. A complaint was formerly brought before Florimont, lord of la Sparre Lesparre , then justice ( tribunali ) in the king's name, and later, once he had ceased that role, before the seneschal in the royal court of Burdegal' Bordeaux , on the part of Ferrier Arnal Ferrer and Macià Carrier , merchants of Cateloigne Catalonia and subjects of the Arragon king of Aragon , by Cok Pieter Coc of Flandr' Flanders , their special proctor. This recited how certain servants of those merchants had loaded a ship, of which Jan Zowynkere of Flandr' Flanders was master, with grain and other merchandise at Lescluse Sluis , to bring to Aquitaine at their expense. However, while sailing on the sea under the king's safe conduct and protection, the servants and the ship were forcibly captured by Seintsimphorin, Landiraux Pey de Saint-Symphorien, alias de Landiras, kt , Estiephe Biguoros Estèphe , Borbon Borbonet de Bourbon , Dallan Brunet d'Aillan and others, lieges and subjects of the king from Aquitaine, who took the grain and other merchandise to Bordeaux and put it up for sale, without paying anything to the said merchants. The seneschal called the defendants before him to answer the merchants on this matter, but when they appeared, the defendants attempted to exclude the merchants from their action by claiming that the king of Aragon, and the merchants, were known enemies of the king, that the king [of Aragon] openly adheres to the king's enemies, and that their capture of the grain and merchandise was therefore reasonable, appropriate and just. The merchants' proctor, claiming that the allegations contained no truth, offered to prove the friendship and benevolence of the king of Aragon towards the king and his subjects in whatever way he could. Subsequently, the defendants appealed the case before the king himself, by virtue of which the seneschal suspended the case, and all process was sent to the king under the seals of the seneschal and the aforesaid Florimont, and day was given to the parties before the king in England on the morrow of St Andrew next. On that day, the process was viewed and examined with great deliberation before the king and his council, but the plaintiffs did not appear, and the proctor, who did appear, immediately sought justice for the merchants. However, the council believed that due to the distance of the places, the storminess of the seas, and various other reasons and impediments, the plaintiffs could reasonably be excused from appearing on that day, and another day was given to the parties, namely the Wednesday after the octave of Hilary last. However, since the plaintiffs still did not come on that day, and no other person appeared to prosecute their appeal, by the advice of his council the king has decided to return the process to the seneschal. He is also to know that the king does not believe there is anything other than friendship and peace between him and [the king] of Aragon .

By the king and his great council.

7

22 February 1376 . Westm' Westminster . Concerning a supersedeas for Master Robert de Wickford .

Order to Thomas de Felton, seneschal of Gascony , William de Elmham, Landarum seneschal of the Landes , and Master Roter Richard Rotour, constable of Bordeaux , to cease execution of the judgment made against Wykford Master Robert de Wickford, king's clerk . The king had previously been informed by Wickford how, in a case brought before them by a certain Yvon Beaustan , esquire of Brittany , over the right to a prisoner, Bryan Guy de Brian, kt , and Mortuo Mare Edmund de Mortimer, earl of March and marshal of England , had sentenced and adjudged that, even though he had not been summoned or warned, had not confessed nor been convicted, and completely overlooking the facts of the case and due process, he should pay to Beaustan a great and excessive sum of money, namely 7,625 francs and 200 silver marks, two good coursers and one hackney, without reasonable or legitimate cause, at the false charge and treacherous suggestion of Beaustan , made while Wickford was absent in the king's service overseas. Execution for the recovery of the money and other things proceeded against Wickford, to his great expense and clear damage to his status, and thus he has rightfully appealed to the king as superior justice and to his council, believing himself to be oppressed by this condemnation and adjudication, as the public instrument presented before the king fully shows. The king, superseding this judgment and punishment, previously ordered that the officials should not allow its execution, and should instead summon Beaustan to appear before the king and his council at Westminster on the morrow of the Purification then next, to hear the judgment of the king and council on this matter. 1 Roter has since informed the king that, despite a diligent search in Brittany and elsewhere, they were not able to find Beaustan . Therefore they are to cease all execution of the said judgment against Wickford, and again summon Beaustan to appear before the king in his council at Westminster on the octave of Michaelmas next, to hear what the king and council should decide on this matter. Having summoned him, they are to certify this to the king. 2

1.
For the full text of this earlier order, see above, entry in C 61/88
2.
For a later related entry, see below, entry 29 .
8

28 February 1376 . Westm' Westminster . For protection .

Letters of protection with clause volumus for one year for Alan Tye of Jernemuth Great Yarmouth , who is staying in the company of Multon John de Moulton, mayor of Bordeaux , for the defence of that city.

By bill of p.s.

9

12 March 1376 . Westminster . For protection .

Letters of protection with clause volumus for one year for Hemgrave Edmund de Hengrave, kt , who is staying overseas in the king's service in the company of William Elmham, knight .

By bill of p.s.

10

12 March 1376 . Westminster . For general attorney .

Multon John de Moulton, kt , who is staying overseas in the king's service, has letters of general attorney in England for one year, nominating Robert de Muskham, clerk , and Henry Herbury alternately.

The chancellor received the attorneys until the same John returns to England.

11

30 May 1376 . Westminster . For protection .

Letters of protection with clause volumus for one year for William, son of William Asselyn , who is staying in Gascony in the king's service in the company of Thomas de Felton, seneschal of Gascony .

By bill of p.s.

12

24 May 1376 . Westminster . Concerning the transport of beans and peas .

To all and singular admirals and their lieutenants, sheriffs, mayors, customers, keepers of ports and other maritime places, bailiffs ministers and others.

Licence to Bonevyle William de Boneville and Tynham Richard Tyneham , at their request, that they and their servants may buy 300 quarters of beans and peas in the counties of Somerset , Dorset and Devon , load them into ships in the port of Lym Lyme Regis and take them to either Burdeg' Bordeaux or Baion Bayonne , for the sustenance of the king's people resident there. Thomas Tille of Devon and Dorsete Thomas Dorset of Dorset have stood surety in chancery for William and Richard, that they will take this grain to one of those cities and nowhere else, and that they will bring letters from the mayors of either city, testifying to the unloading of the grain, into the English chancery within half a year of that unloading. Order that William, Richard and their servants be permitted do this without hindrance, having first paid the customs, subsidies and other moneys due, any previous orders to the contrary notwithstanding.

By C.

13

12 July 1376 . Westminster . Concerning the transport of beans and peas .

Licence to Asshenden Thomas Ashendon of Dertemuth Dartmouth and Coffyn William Coffin of Brydeport Bridport , who have petitioned the king, that they and their servants may buy 200 quarters of beans and peas in the counties of Somerset , Dorset and Devon , load them into ships in the port of Dertemuth Dartmouth and take them to either Burdeg' Bordeaux or Baion Bayonne , for the sustenance of the king's people resident there. Prestcot John Prestcote and Reymond Thomas Raymond of Devon have stood surety in chancery for Thomas and William, that they will take this grain to one of those cities and nowhere else, and that they will bring letters from the mayors of either city, testifying to the unloading of the grain, into the English chancery within half a year of that unloading. Order to the same officials that Thomas, William and their servants be permitted do this without hindrance, having first paid the customs, subsidies and other moneys due, any previous orders to the contrary notwithstanding.

14

17 July 1376 . Westminster . For protection .

Letters of protection with clause volumus for one year for Roter Richard Rotour, constable of Burdegalie Bordeaux , who is staying in Aquitaine in the king's service.

By bill of p.s.

For general attorney.

15

17 July 1376 . Westminster .

The same Richard [Rotour] , who is staying in Gascony in the king's service, has letters of general attorney in England for the same time, nominating Wyclif Robert de Wycliffe and Apilton John de Appleton alternately.

W[illiam] de Burstall, clerk , received the attorneys before the same John returns to England.

16

Same as above

The same Richard [Rotour] has similar letters, nominating [John] de Brymston , chaplain , and Lumbard John Lombard, clerk , alternately. 1

The same W[illiam de Burstall] received the attorneys etc as above.

1.
Brymston 's forename was omitted, but can be supplied from entry in C 61/88
17

19 July 1376 . Westminster . For protection .

Letters of protection with clause volumus for one year for Thomas de Felton, seneschal of Aquitaine , who is staying in Aquitaine in the king's service.

By bill of p.s.

18

3 July 1376 . Westminster . For the burgesses of Blaye in Gascony . 1

Grant to the burgesses of Blaya Blaye that the town and castle of Blaye , with all appurtenances, will be resumed back into the king's hands, and annexed back to the crown and the king's chamber, to which it was especially reserved, in perpetuity, such that they and all things pertaining to them may never again be placed out of the king's hand by sale, gift, exchange or any other title. The burgesses have petitioned the king and his council in the present parliament, stating that their town and the castle there, with the inhabitants, have anciently been annexed to the crown of England, and especially reserved to the king's chamber, until Edward [of Woodstock], formerly prince of Wales , gave and granted them to Monte Alto Auger de Montaut, lord of Mussidano Mussidan , 2 as compensation for the castle and Blanquaforti castellany of Blanquefort , which the king had previously granted to Montaut and which he had handed over to the prince for certain reasons, to hold until Montaut should be provided to another place by way of recompense. The burgesses requested that the king might wish to provide for Montaut in another manner, and resume the town and castle back into his hands, annexing them back to his crown, reserved to his chamber, as they are accustomed to be, without making any grant or confirmation to Montaut or anyone else. The king agrees to this as far as he is justly able, acknowledging the good will of the burgesses and their ancestors towards his royal power over a long time, through prosperity and adversity, and wishing that they will stay in his allegiance in the future, and will make recompense to Montaut for the said town and castle of Blaye in another place as quickly as possible. 3

By petition in parliament

1.
Notes in the margin state 'Annexed to the crown of England' and ' extractus '.
2.
Auger de Montaut (d. 1359).
3.
For the petition to which this is the response, see SC 8/209/10417.
19

6 August 1376 . Westminster . For Guilhem-Amaniu de Lansac, kt .

Inspeximus and confirmation of letters patent of Thomas de Felton, seneschal of Aquitaine, to Guilhem-Amaniu de Lansac, kt, in these words:

24 August 1375 . Bourdeux Bordeaux .

Grant for life under the seal of his office by Thomas de Felton, seneschal of Gascony , by the power given to him by the king, to Lanssac Guilhem-Amaniu de Lansac, kt , on account of his great losses during the present war both as a prisoner and otherwise, and his loyalty and good service to both the king and the prince , of the Bourc castellany of Bourg , together with all the rights, profits, revenues and emoluments pertaining to the king in the castellany of Bourg and the parish of Saint-Savin , as previously held by Balfade Amaniu de Belhade 1 before his death. Order to Ramon Conge, burgess of Bourg , and Master Passepaire Guilhem Passepayre, lawyer , to place Lansac in possession and seisin of the office of castellan immediately and without delay, and allow him to enjoy the said profits, revenues and emoluments peacefully, according to the terms of these letters. Order to all the inhabitants of the town and castellany of Bourg and the parish of Saint-Savin to obey and be intendant upon Lansac as castellan in all matters pertaining to that office.

In acknowledgement of Lansac's past and future good service, the king ratifies, approves and confirms these letters, such that he should hold the castellany of Bourg, together with all rights, profits, revenues and emoluments pertaining to it, for the term of his life, according to the force and effect of the seneschal's grant.

By K. and C.

1.
Amaniu de Belhade is named as castellan of Bourg in entry in C 61/71 (12 August 1358).
20

28 July 1376 . The notre palais de Westmouster palace of Westminster . Custodians of the truce .

[in French]

Appointment under the great seal of Thomas de Felton, seneschal of Guyenne , William de Elmham, governor of Bayone Bayonne and Laundes seneschal of the Landes , and the soudic of La Trau, 1 as custodians of the truce between the king and his adversary of France, which was due to end on 1 July and which has been extended until 1 April next by the king's son, John [of Gaunt], king of Castile and León , duke of Lancaster , Simon [Sudbury], archbishop of Canterbury , primate of all England , and the king's son, Edmund [of Langley], earl of Cambridge , on behalf of the king and his party, and by the messengers of the king's adversary, for him and his party, as contained in the letters of the king's sons and the archbishop, and in those of the messengers, and confirmed by the king and his adversary. Order that they should hold and keep the said truce so that it is not broken by any of the king's subjects or anyone of his party, and they should enquire into any breaches or attempts to breach it, summarily and in full, without long process, and repair and address any such breaches made or attempted without delay, returning things to their present state and compelling them as appropriate by seizure of their body or goods, and using all other methods as necessary. Order to all justiciars, officers and subjects to obey and attend to them and their deputies diligently in this matter, and give counsel and aid to them as required. 2

By K. and C.

1.
The soudan de la Trau or Preissac still nicknamed as soudic de la Trau or Preissac. His real name was Arnaut-Bernat IV de Preissac (d. 1394).
2.
Printed in Rymer, Foedera , vol. 3, part 2, p.1059.

For Monpenot de Fleix.

21

6 August 1376 . Westminster .

Grant for life to Flees Monpenot de Fleix , 1 on account of his past and future good service in the king's wars in Aquitaine, of the Hastynges baylie of Hastingues , 2 with all its appurtenances, on condition that he remains there in person and conducts himself well for the duration of his life.

By K. and C.

1.
Monpenot de Fleix ( Flexu in Latin) was the nickname of Menaut Dubreuil de Sainte-Foy ( Menaldus de Brolio de Sancte Fide ) who fought after 1370 with the lord of Mussidan . See an undated act in the Archives départementales des Pyrénées-Atlantiques, E 798. Published, but wrongly dated to 1326 because of the following act, in http://www.guyenne.fr/archivesperigord/BNF/Tomes_9_10/BnF_Tome9_Recueil2.htm He had been a member of the company of Amaniu de Pommiers and fought with this latter on the French side at the battle of Cocherel (16 May 1364) where he lost his left eye and was left for dead on the battlefield. See Mandements et actes divers de Charles V (1364-1380) , ed. L. Delisle, (Paris, 1874), p. 26, no. 45.
2.
On 12 May 1378, the king Charles II of Navarre granted 80 florins to Monpenot de Fleix, bayle of Hastingues. In Archivo General de Navarra. Catálogo de la seccion de comptos. Documentos. Tomo XI, Año 1378 , ed. J. R. Castro (Pamplona, 1955), p. 113, no. 277 (Archivo General de Navarra, Caj. 36, n° 5, I) . The same king ordered on 6 November 1381 his receiver of the merindad of Sangüesa to pay 80 l. of black carlins to Menauton [an error of the catalogue for Monpenot], bayle of Hastingues. See Archivo General de Navarra. Catálogo..., Tomo XIII, Años 1380-1381 , p. 416, no. 1019 (Archivo General de Navarra, Caj. 44, n° 9, II).
22

Same as above

Order to Thomas de Felton, seneschal of Gascony , or his lieutenant, to deliver the said baylie [of Hastingues] with all its appurtenances to the said Monpenot [de Fleix] without delay, to hold for the term of his life according to the tenor of the king's letters.

For Ramon de Montaut, lord of Mussidan.

23

6 August 1376 . Westminster .

Grant to Mountaud Ramon de Montaut, lord of Mussenden Mussidan , who has petitioned the king, on account of the great damages and losses which he has sustained in the king's wars in Aquitaine, and for his good service, of all the land formerly of Fussac Bertran du Foussat , confiscated by the king on account of Foussat's rebellion. He is to hold this, together with all rents, revenues and other profits and appurtenances, for as long as that land remains in the king's hands on account of Foussat's rebellion, on condition that Montaut should help to ensure that Foussat's heir should return to the king's obedience, if he is a rebel as claimed in Montaut's petition, and once he has returned to the king's obedience, Montaut should return the land to him at the king's will. 1

By K. and C.

1.
This entry is crossed out, and a note in the margin states that it was 'cancelled because it is otherwise below'. For the entry which replaced this one, see entry 42 .
24

Same as above

Order to the mayor of Leybourne Libourne , Gillado Guiraut Provost 1 and the prévôt of Seint Million Saint-Émilion , that they should place Ramon [de Montaut] or his proctor in peaceful possession of the said land and maintain and defend him, removing anyone who wrongfully detains it as ought to be removed according to the tenor of the king's letter.

By K. and C.

1.
For further references to Provost as mayor of Libourne, in April 1377, see AHG, 26, p. 154
25

6 August 1376 . Westminster . For Ramon, lord of Mussidan .

Grant to Ramon [II] de Montaut, lord of Mussenden Mussidan , in consideration of the damages and losses he has sustained in the wars in Aquitaine, and for his good service, of the place and castellany of Burdaill Bourdeilles , with its appurtenances, which were of the count of Pirregort Périgord , rebel, and which ought to pertain to the king and his heirs on account of the count's rebellion. Montaut, his heirs and successors, are to have and hold these in perpetuity, with all fees, revenues and all other profits and emoluments pertaining to them, if Montaut is able to conquer the said land and castellany, performing liege homage and rendering all other dues which ought by right to be made to the king and his heirs.

By K. and C.

For John, king of Castile and León, duke of Lancaster.

26

8 November 1376 . Haveryng Havering-atte-Bower . 1

To all archbishops, bishops, abbots, priors, dukes, earls, barons, knights, justices, sheriffs, provosts, bailiffs, ministers and others.

Grant to John [of Gaunt], Castelle, Legionis king of Castile and León , duke of Lancaster , of the castle , town and place of Brageriaco Bergerac in the diocese of Petragoricen' Périgueux , together with the castellany, high and low justice, complete and shared jurisdiction ( merum et mixtum imperium ), parishes, homages and resorts of castles and other places, both baronial and others, and whatever offices, tolls ( pedagiis ), fisheries, mills, buildings, goods of rebels and enemies in that town and its castellany, and whatever other rights, jurisdictions, rents, dues, liberties, privileges, customs and all things pertaining to them, truly, fully and entirely, just as were once had and held by Henry [of Grosmont], formerly duke of Lancaster , deceased, while he lived, of the king's gift and grant, or which ever were in the town's lordship when the town of Bergerac was out of the king's hands, or were held by anyone from him at any time, just as possession of the same in whatever way should come or devolve, without any diminution of the rights, jurisdictions or moneys which pertain to the castle, town or place now or ever before; having and holding them to the king's son and the heirs male of his body, from the king and his heirs, peacefully and in perpetuity, and if any jurisdictions, castles, parishes, rights, resorts, rents and whatever other moneys which anciently or at any previous time pertained to the said castle, town and place, and which have been detached or hidden, or appropriated by the king or others secretly or otherwise in any way, or in any way acquired or assigned in perpetuity or for a time, the king wishes that they should be fully reintegrated, and returned to the ownership of the said castle, town and place of Bergerac in all manner, and returned by the tenor of these letters, and the king without delay discharges the detainers or possessors, and revokes and thoroughly annuls gifts, assignments and appropriations or acquisitions, if they were with the king's authority and knowledge.

The king further grants to John and the heirs male of his body the right to mint money in that place, as he sees fit, and that the emoluments pertaining to that should remain to him, in the same manner as the king previously granted to his aforesaid kinsman, provided that the money minted there should be as strong or stronger than the money of those parts. Saving and retaining in all manners to the king and his heirs the fealty and homage, knight service ( cavalcata ) and resort pertaining to the king, with full reversion to the king and his heirs should John die without male heirs of his body. The king wishes the gift to be irrevocable, and no-one is to infringe it.

Witnesses: Simon [Sudbury], Cantuar' archbishop of Canterbury ; William [Courtenay], bishop of London ; John [Buckingham], bishop of Lincoln ; Edmund [of Langley], earl of Cantebr' Cambridge , the king's son , Richard [FitzAlan], earl of Arundell Arundel , the king's kinsman ; 2 Bello Campo Thomas de Beauchamp, earl of Warrewich Warwick ; William de Ufford, earl of Suffolchie Suffolk ; Monte Acuto William de Montagu, earl of Sarum Salisbury ; Henry de Percy ; Nevill John de Neville ; Bello Campo Roger de Beauchamp, chamberlain ; John de Ipre, steward of the king's household , and others.

By p.s.

1.
A note in the margin states ' extractus '.
2.
There appears to be a clerical error here for the text reads ' Edmundo comite Cantebr' fil' Ricardo comite Arundell' consanguineo nostris '. The clerk has adopted a rather unusual structure here, for an initial reading suggested that Edmund was actually being made the earl of Arundel's son. However, Arundel's forename is actually in the ablative so clearly indicating that he is another witness, and the pronoun form ' nostris' must belong to both ' filio ' and ' consanguineo ' so that the earl of Cambridge is 'the king's son' and the earl of Arundel 'the king's kinsman'. The latter is presumably stated to be a kinsman through his mother Eleanor of Lancaster, one of the daughter of Henry, 3rd earl of Lancaster, and, therefore, a great-granddaughter of Henry III.
27

Same as above

Order to the seneschal of Gascony and the constable of Bordeaux to deliver the said castle, town and place of Brageriacum Bergerac to the king's son , 1 together with the castellany, high and low justice, complete and shared jurisdiction ( merum et mixtum imperium ), parishes, homages, resorts of castles and other places, both baronial and others, and whatever offices, tolls ( pedagiis ), fisheries, mills, buildings, goods of rebels and enemies in that town and its castellany, and whatever other rights, jurisdictions, rents, dues, liberties, privileges, customs and all things pertaining to them to the king's aforesaid son, to hold according to the tenor of the aforesaid charter, together with the right to have a mint in Bergerac and to take the profits of that mint, holding the same according to the tenor of the king's charter.

By the same writ.

1.
John of Gaunt.
28

14 November 1376 . Westminster . Concerning the transport of wheat .

To all admirals, etc.

Licence to Willem Outremannesson of Camfer Veere 1 that he may load 200 quarters of wheat in the ports of Gippewicum Ipswich or Orewell Orwell and take them to Burdeg' Bordeaux , in order to buy other merchandise there and bring it back to England, provided that, before he takes the wheat out of the said port, he will find sufficient security for the collectors of subsidies and customs in those ports, who will answer to the collectors that Willem will return with merchandise to the same value of the wheat as quickly as he is able. Order that Willem be permitted to do this for this reason freely and without hindrance, having first found the said security and paid the customs, subsidies and other moneys due, any previous proclamations, ordinances or orders to the contrary notwithstanding.

1.
The port of Veere (alias Camp Veere), on the island of Walcheren in Zeeland, now in the Netherlands.
29

6 November 1376 . Westminster . For Master Robert de Wickford .

Order to Thomas de Felton, seneschal of Gascony , William de Elmham, Landarum seneschal of the Landes , and Master Richard Rotour, Burdeg' constable of Bordeaux , or their lieutenants, to cease execution of the judgment made against Master Wykford Robert de Wickford, king's clerk . The king had previously been informed by Wickford how, in a case brought before them by a certain Yvon Beaustan , esquire of Britann' Brittany , over the right to a prisoner, Bryan Guy de Brian, kt , and Mortuo Mare Edmund de Mortimer, earl of March and marshal of England , had sentenced and adjudged that, even though he had not been summoned or warned, had not confessed nor been convicted, and completely overlooking the facts of the case and due process, he should pay to Beaustan a great and excessive sum of money, namely 7,625 francs and 200 silver marks, two good coursers and one hackney, without reasonable or legitimate cause, at the false charge and treacherous suggestion of Beaustan , made while Wickford was absent in the king's service overseas. Execution for the recovery of the money and other things proceeded against Wickford, to his great expense and clear damage to his status, and thus he has rightfully appealed to the king as superior justice and to his council, believing himself to be oppressed by this condemnation and adjudication, as the public instrument presented before the king fully shows. The king, superseding this judgment and punishment, previously ordered that the officials should not allow its execution, and should instead summon Beaustan to appear before the king and his council at Westminster on the morrow of the Purification then next, to hear the judgment of the king and council on this matter. 1 Rotour informed the king that, despite a diligent search in Brittany and elsewhere, they were not able to find Beaustan , and thus the king ordered that execution of the judgment against Wickford should cease, and Beaustan should again be summoned to appear before the king in his council at Westminster on the octave of Michaelmas then next. 2 The constable has since certified to the king in chancery by letters under his seal that he, Felton and Elmham were again unable to find Beaustan , in Brittany or elsewhere, and therefore they are again ordered to cease execution of the judgment and to summon Beaustan to appear before the king in his council at Westminster at the quindene of Easter next, to hear what the king and council should decide. When they have made this summons, they are to certify this to the king by their letters.

1.
For the full text of this earlier order, see above, entry in C 61/88
2.
For the text of this second order, see above, entry 7 .
30

7 December 1376 . Westminster . Concerning association .

Appointment, by the advice of the king's council, of Berkele Edward de Berkeley, kt , to be one of the king's proctors to treat with the count of Foix 1 concerning an alliance for the king and his honour, and the salvation and recovery of the king's rights in those parts, according to their discretion, in association with Thomas de Felton, seneschal of Aquitaine , Florimont, lord of Lespare Lesparre , William Elmham, governor of the city of Bayonne and Landarum seneschal of the Landes , and Master Ramon-Guilhem de Puy , previously appointed. 2 Order to the other proctors to admit Berkeley into their number as stated. 3

By K. and the great council.

1.
Gaston Fébus, count of Foix and vicomte of Béarn (1343-1391).
2.
See entry in C 61/88 .
3.
Printed in Rymer, Foedera , vol. 3, part 2, p.1067.
31

10 December 1376 . Westminster . Concerning the transport of beans .

To all admirals etc.

Licence to Gyround, Burdegal' Arnaut de Gironde, merchant of Bordeaux , that he in person or by his servants may buy 400 quarters of beans in the counties of Lincolnshire and Northamptonshire , load it into ships in the port of Sanctus Botolphus Boston and take them to Burdegal' Bordeaux , for the sustenance of the king's people resident there, provided that he find sufficient security before the collectors of customs and subsidies in that port, to answer to the collectors that he will take these beans to that city and nowhere else. Order that Gironde and his servants be permitted to do this, having first found the said security and paid the customs, subsidies and other moneys due, any previous ordinances, proclamations or orders to the contrary notwithstanding.

32

6 August 1376 . Westminster . For Ramon, lord of Mussidan .

Grant to Ramon de Montaut, lord of Mussenden Mussidan , on account of the damages and losses which he has sustained in the king's wars in Aquitaine, and for his good service, of the Seint Privat lordship and baylie of Saint-Privat , formerly of the count of Pirregorc Périgord , the king's rebel, which ought to pertain to the king and his heirs on account of the count's rebellion. He, his heirs and successors are to have and hold these in perpetuity, together with all revenues, profits and emoluments pertaining to them, provided Montaut is able to conquer the said lordship and baylie, performing liege homage and rendering all other dues which ought by right to be made to the king and his heirs.

By K. and C.

33

6 August 1376 . Westminster . For Ramon, lord of Mussidan .

Grant for life to Ramon de Montaut, lord of Mussenden Mussidan , on account of the damages and losses which he has sustained in the king's wars in Aquitaine, and for his good service, of the baylie of Nancras , together with all fees, rents, revenues and all other profits and emoluments pertaining to it, saving always liege homage and resort to the king and his heirs.

By K. and C.

34

Same as above

Grant to Ramon de Montaut, lord of Mussenden Mussidan , on account of the damages and losses which he has sustained in the king's wars in Aquitaine, and for his good service, of the places of Poy de Chaluz Puy-de-Châlus , Montpaon Montpon and Montaynak Montignac with appurtenances, 1 formerly of the count of Pirregorc Périgord , the king's rebel, which ought to pertain to the king and his heirs on account of the count's rebellion. He, his heirs and successors are to have and hold these in perpetuity, together with the fees, revenues and all other profits and emoluments pertaining to them, provided he is able to conquer the aforesaid places, performing liege homage and rendering all other dues which ought by right to be made to the king and his heirs.

By K.

1.
The names of the places have been written over an erasure and squeezed into the space left, with the ' cum pertinenciis ' interlined.
35

20 August 1376 . Westminster . For Ramon de Montaut .

Confirmation of letters of Edward, formerly prince of Wales, deceased, made when he was prince of Aquitaine:

13 June 1371 . Xaintes Saintes .

Grant by Edward [of Woodstock], prince of Aquitaine and Wales , duke of Cornwall , earl of Chester , lord of Biscay and Castre Dordials Castro Urdiales , to Monthaut Ramon de Montaut, kt , lord of Mussidan , of all the emoluments and profits of the prévôté of La Rochelle , to take until he shall be granted other assignments worth 1000 l. , or until he shall recover his lost lands. As Montaut has shown, the prince previously granted him an annuity of 1500 l. out of the receipts of Saintonge, to be taken from the hand of his receiver there, in consideration of losses and damages which he has suffered in the wars worth 2000 l. per year from the lands and revenues which he had in the territories of Bazadois Bazadais and Pierregorc Périgord . Montaut is to present to the prince's receiver of Saintonge annually a sufficient person who shall govern the said prévôté in the prince's name, loyally and to his profit, and who will answer to Montaut for the emoluments and profits, and the said lord shall perform liege homage and the other rights which are due to be made. The seneschal and receiver of Saintonge are to deliver seisin and possession of the said prévôté to whoever Montaut should present, and allow them to have the profits and emoluments peacefully and to deliver them to the said lord of Mussidan according to the form and manner aforesaid.

The king confirms the same, and wishes and grants that Montaut should have and receive the emoluments and profits of the prévôté of La Rochelle.

By K. and C.

Grant of the office of controller of the king's castle of Bordeaux.

36

28 August 1376 . Plessy Pleshey .

Grant to Thomas de Myton of the office of controller of the king's castle of Burdeg' Bordeaux , to hold during the king's pleasure, receiving for that office what other previous holders of that office were accustomed to receive.

By K. on the information of John [of Gaunt], king of Castile and León .

37

Same as above

Order to the constable of Bordeaux to pay to the said Thomas [de Myton] such wages or fees as previous holders of that office were accustomed to receive from the issues and profits of the said castle, for as long as Thomas should remain in that office, according to the tenor of the king's letters, receiving letters of acquittance from Thomas for all payments, by which, together with this present order, he shall have due allocation in his account.

By the same warrant.

38

10 September 1376 . Westminster . Concerning the transport of grain .

To all admirals, etc.

Licence to Warin Moynel , that he, in person or by his servants may load ten tuns of beans, peas and oats in whatever port he wishes in England, and take them to Burdegal' Bordeaux , in order to buy wine and other merchandise to bring back to England. Order that Warin and his servants be permitted do this freely and without hindrance, for this reason, having first paid the customs, subsidies and other moneys due, any previous ordinances, proclamations or orders to the contrary notwithstanding.

39

3 November 1376 . Westminster . For protection .

Letters of protection with clause volumus until Michaelmas next for Rous Robert Roos, kt , who is going to Aquitaine in the king's service.

By bill of p.s.

40

14 January 1377 . Westminster .

Commitment to the mayor and prévôt of the city of Baion' Bayonne of the hearing of the appeal brought by Balembitz Andriu de Balambits, burgess of Aquen' Dax and all matters pertaining, emerging or connected to it, to the officials [above], who should judge and determine it without grace, favour, hatred or love, according to the use, laws, fors and customs of those parts, and should make due execution of their decision by the king's authority. The king also wishes that whatever should be judged by them in this case should remain firm and have force, and that neither party should appeal further on any part of this. Order to all the king's officers and ministers, subjects and faithful people of those parts, that they are obedient to them in the cause aforesaid and all articles touching or depending upon it, and offer assistance and counsel, and force if necessary, saving always to the king his rights in all things.

Balambits has shown the king that a certain commission was previously issued by the court of the seneschal of Gascony, directed to the prévôt of Dax , at the request of Darrieto Pey Darriet, citizen of Dax , proctor of Franchi Bertran Franc, Burdeg' citizen of Bordeaux , against Balambits ordering the prévôt to compel Balambits to pay a certain amount of money to the same Darriet. However Balambits appealed to the king's high council and those presiding there, requesting that the commission and its execution ought not hold, as it was granted without legal process and for other reasons contained in the appeal. After the response by the prévôt the appeal was accepted and the process began before the high council, and a term was given to the parties to plead their case. On that day, Darriet stated before the judges that he had appeared and accused Balambits of contumacy. At the same time the proctor obtained letters and commissions from the judges, which stated that when the prévôt had read them, he should compel Balambits to pay Darriet, the proctor, the sum contained in the commission. Balambits then appeared before the prevost and informed him that he had a legitimate proctor who had been summoned to more important business, namely on the king's account in his court and could not be involved. At that Darriet hastily and inopportunely accused Balambits of contumacy and in that manner deceitfully and with no regard for the truth gained the commission, citing other reasons too in the process. Balambits was therefore compelled to pay the sum of money to his creditor by the seneschal and feeling aggrieved lawfully appealed to the king as will be clear from the public instrument exhibited in the king's court. Therefore Balambits, believing himself to have been injured by the execution of the said commission and by the aforesaid prévôt, has legitimately appealed to the king, as fully appears by the public instrument shown in court, requesting that the king provide remedy, and the king, wishes to do justice to both parties.

41

6 August 1376 . Westminster . For Ramon, lord of Mussidan .

Inspeximus of letters patent of Edward, formerly prince of Wales, deceased, when he was prince of Aquitaine, to Ramon de Montaut, lord of Mussidan, as follows:

18 March 1371 . Bourdeaux Bordeaux .

Grant for life by Edward [of Woodstock], prince of Aquitaine and Wales , duke of Cornwall , earl of Chester , Biscaye lord of Biscay and Castre Dordiales Castro Urdiales to Ramon de Montaut, lord of Mussidan , for his past and future good service, of the baylies and lordships of Saint Loy Saint-Louis[-en-l'Isle] and Saint Chastier Saint-Astier , with all homages, fees, arriere fees ( refiex ), profits, revenues and emoluments pertaining to them, for liege homage and all the rights due to the prince. Order to the seneschal and receiver of Périgord to place Montaut or his proctor in possession and seisin of these baylies and lordships, and allow him to use and enjoy them and their appurtenances peacefully, according to the terms of these letters. His subjects are to obey and be intendent upon him diligently.

The king confirms these letters to Montaut in the same terms, for the term of his life.

By K. and C.

For the same.

42

6 August 1376 . Westminster .

Grant to Montaud Ramon de Montaut, lord of Mussenden Mussidan of the lands of Condat and Barbane Barbanne , formerly of Fussat Bertran du Foussat , rebel, in the king's hands on account of his rebellion, to hold for as long as the lands remain in the king's hands on account of that rebellion. This is in recompense for both the annuity of 600 l. of current money which had been granted to Montaut by Edward [of Woodstock], formerly prince of Wales , when he was prince of Aquitaine, to be taken from the customs of Leyburne Libourne by the hand of the Burdeg' constable of Bordeaux , and for the arrears of the same. Montaut is to hold these on condition that if Foussat's heir is a rebel and should return to the king's allegiance, and the king or his heirs should wish to return the lands to that heir, and payment of the said 600 l. has ceased, then once those lands have left Montaut's hands, he shall again receive the said 600 l. annually for life from the customs of Libourne, according to the terms of the prince's original letters, from the hand of the mayor of Libourne , and that the mayor shall account with the constable of Bordeaux for the said 600 l. and have discharge on his account. 1

By K. and C.

1.
For an entry crossed out in favour of this entry, see entry 23 .
43

Same as above

Order to the mayor of Leyburne Libourne , Gillado Guiraut Provost and the Seint Million prévôt of Saint-Émilion , that they should place Montaut or his proctor in peaceful possession of the aforesaid land, and maintain and defend him, according to the tenor of the king's letter.

By K. and C.

44

10 September 1376 . Westminster . For Aymeric [IV], lord of Montferrand[-du-Périgord] . 1

Grant to Bironio Aymeric [IV] de Biron, lord of Montferand de Perugorc Montferrand-du-Périgord , on account of his great losses during the war and for his past and future good service, of the place of Montpassier Monpazier with appurtenances, to hold for the term of his life with all fees, homages, parishes, emoluments, revenues and other profits pertaining to that place, provided he is able to recover it from the king's enemies, performing liege homage and anything else pertaining to the king, reserving to the king and his heirs the lordship and other rights due to him.

By K. and C.

1.
A note in the margin states 'extractus'.
45

4 November 1376 . Westminster . For the warden and brothers of Saint-Macaire, Bordeaux diocese .

Order to the constable of Bordeaux that he should pay to the warden and brothers of the order of friars minor of Sanctus Macharius Saint-Macaire , in the Burdegal' diocese of Bordeaux , all arrears of the 20 s.ch. per week due to them, and the said sum each week henceforward, from the issues of the lordship of Aquitaine, in that or other money, until the king orders otherwise, receiving due allowance in his account. The warden and brothers have complained that whereas Edward I, late king of England , the king's grandfather, and Queen Eleanor [of Castile] , his wife, granted in alms to them that they should receive 20 s.ch. each week, and requested to the king that they should be able to receive it, the king ordered the constable of Bordeaux many time to deliver the sum to them from the issues of the lordship until the king ordered otherwise. The warden and brothers have now requested that whereas the payment has been in arrears since the lordship was taken back into the king's hands, that the king will wish to make suitable payment to them, and for this the warden and friars will pray for the king's health while he lives, for his soul after his death, and for the souls of all his progenitors, and the king wishes to agree favourably to the request. 1

By the great council.

1.
Printed in Rymer, Foedera , vol. 3, part 2, p.1064. For an earlier related order from Edward III, see entry in C 61/50 and another order: entry in C 61/60 . For the original grant from Edward I, and the order for payment, see Rôles gascons , III, 1290-1307, éd. C. Bémont (Paris, 1906), nos. 4652 & 4654.
46

12 November 1376 . Westminster . Concerning the transport of wheat .

To all admirals, etc.

Licence to Typet William Tippett , that he in person and by his servants may load 60 tuns of wheat into ships in the port of Sutht' Southampton or Bristoll Bristol and take them to Burdegal' Bordeaux , for the sustenance of the king's faithful subjects resident in that city, to trade with. Order that William and his servants be permitted do this, first paying the customs, subsidies and other moneys due, any previous ordinances, proclamations or orders to the contrary notwithstanding.

47

18 December 1376 . Westminster . Concerning the power to treat for alliances .

Appointment, with the knowledge and assent of the magnates and others of the king's council, of Thomas de Felton, seneschal of Aquitaine , William Elmham, governor of the city of Baion' Bayonne and Landarum seneschal of the Landes , and Berkele Edward de Berkeley, kt , or at least two of them, as the king's true and legitimate proctors and special messengers, with authority, power and special mandate to treat with the noble and powerful prince, Charles II, king of Navarre , concerning all good and loyal alliances which may be to the king's honour and the salvation and recovery of his rights in those parts. They are to act according to their discretion, doing whatever will be profitable and necessary between the king, his sons and subjects on the one part and the same king [of Navarre], his sons and subjects on the other, reporting to the king and his council on all matters discussed.

48

Same as above Concerning the power to treat for alliances .

The same Thomas , William and Edward have the same power to treat with the count of Foix in the same form.

49

14 January 1377 . Westminster . Concerning exemplification .

Exemplification through inspection of the rolls of chancery of letters patent previously granted by the king:

7 July 1358 . Westminster.

Letters patent confirming the grant by Cheverston John de Chiverston, seneschal of Gascony and formerly lieutenant of Edward [of Woodstock], prince of Wales in the duchy and in all Languedoc, to all nobles and others living in Soule on the frontiers with the enemy, that they should hold and possess all their lands, fees, houses and places in the vicomté of Soule as they reasonably held them of old, paying the what they usually used to without any further exactions. They should also have rights of pasture in wastes ( heremus ), land and water for themselves and their beasts within the limits of the land, as they have traditionally had them. It is also granted to them that the castellan of Malileonis Mauléon , or his lieutenant, is obliged to give swift justice in his court of Lexarre Licharre as before to all litigants. And if the castellan, or his lieutenant, wishes to arrest any of the inhabitants who should be held in the court with suitable pledges or release someone without arrest unless in criminal or other like cases, he does not have to dismiss them and the castellan is not obliged to have an inhabitant summoned ( clamari ) except with his consent or accuse them or put him on trial ( ponere in causam ). Again, to avoid any dispute between the castellan and inhabitants over mills the seneschal has ordered that nobles and others who have held mills from of old can and are obliged to grind corn at their mills and make their flour there peacefully and without hindrance, exactions and impediments, and others of the land who do not have mills are to grind their corn in the manner that they previously have done and that apart from amisionem of corn, and they are not to be compelled by anyone to pay an excessive impost, as is fully laid out in a public instrument in chancery.The king accepts and confirms the grant of the seneschal, and grants for himself and his heirs that the inhabitants of the land of Soule should have all the same which are reasonably enjoyed and used, except aubergades if these are due to the king. 1

Further exemplification by the same means of a certain writ issued as follows:

3 July 1358 . Westminster .

Order to Mille Sanctis Ramon de Miossens, castellan of the castle and Malo Leone castellany of Mauléon , that he and his officers should cease inflicting unjust exactions, injuries and hurts upon the men of Soule, should not compel them to pay any dues and burdens other than those which they are obliged to pay according to the ancient customs of those parts, and should permit them to use and enjoy all their ancient customs, doing nothing against those customs in any way. The noble and common people of Soule in the lordship of Mauléon have complained that whereas justice ought to be done to them by the castellan of that place or his lieutenant in all civil causes or pleas in the general court of Lesarre Licharre , and in all times past it was customary that anyone wishing to stand to the sentence of the said court according to the fors and customs of that land, ought not be imprisoned, Miossens and his ministers arbitrarily and without just cause or judgment of the court take, arrest and imprison the said men, against the fors and customs

The king confirms the same at the request of the nobles and common people of the land of Soule.

of that land. Miossens also compels the men to pay for their rights to pasture ( herbergagium ) and other moneys which they should not be obliged to pay, against the fors and customs aforesaid, and he hinders them from taking those things which they are accustomed to take from the forests, waters and woods of the land of Soule, which pertain to each man, woman and child living in that land according to the ancient customs. Also, whereas by custom they ought to be free to take their corn to be ground in whatever mill they please, Miossens makes them bring their corn to the king's mill to be milled, and if anyone goes to any other mill to grind their corn, he takes and extorts 6 s.morl. from them, together with their sack and corn. He also continually inflicts many other injuries and burdens upon them, to their great damage and clear impoverishment. They have asked the king to show them remedy, and the king wishes to maintain these men in their just customs, and to preserve them from injury. The king assures Miossens that we will send loyal subjects to inquire into his unjust behaviour and if it is found that Miossens is guilty the king will make of him such an example that others will be afraid to act as he has done.

The king, at the request of the noble and common people aforesaid, has issued an exemplification of both the letters patent and the writ, which are said to have been burnt accidentally. 2

1.
An 'aubergade' or 'albergade' was a "droit de gîte" (right of shelter) that the lord or his representative could request from a tenant. For the original confirmation, see C 61/71 m.9.
2.
For related entries, see entry in C 61/87 and entry in C 61/90 .
50

19 January 1377 . Westminster . For the community of the town of Bayonne .

Order to the seneschal of Gascony, the Landarum seneschal of the Landes and all other officials appointed in those parts, that they should examine all the charters of liberties, freedoms and privileges granted by the king and his ancestors, kings of England, to the mayor, jurats and hundred peers of the city of Baion' Bayonne , in the name of the community of that city, and permit them to use and enjoy them according to the terms of those charters, ensuring that everything in them is held to and observed, and punishing opponents and rebels, both noble and common, as necessary.

By C. It was patent.

51

Same as above For the men of Soule .

Order to the seneschal of the Landes in the same terms as above, mutatis mutandis , concerning liberties, freedoms and privileges granted to the men of Soula Soule , both noble and common, in the Malo Leone lordship of Mauléon , both noble and common.

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52

Same as above

Here the great seal of the king was delivered to Adam [Houghton], bishop of Meneven' St David's , chancellor of the king , namely on 11 January of the present year, as appears in a certain memorandum enrolled on the dorse of the close roll for this year.

53

20 January 1377 . Westminster . Concerning the granting of murage, etc. .

Grant to the mayor, jurats and hundred peers of Baion' Bayonne that for a period of five years they may levy a sum of 4 d. in the pound on all goods or merchandise brought into their city from outside, or exported out of the city, by people not of that city, for the repair of the city walls. Further, they are given licence and special power to grant the collection of this custom or aid to whoever they please during this period, as often as they wish or as seems necessary, at farm or for a certain sum of money. Order to the Landarum seneschal of the Landes to allow them to use and enjoy this grant without hindrance during the specified term, according to the terms of these letters. However, at the end of this term of five years, this levy is to completely cease and be abolished. 1

By C.

1.
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54

14 January 1377 . Westminster . Concerning the hearing and determining of appeals. .

Order to the Bayon' prévôt of Bayonne , or his lieutenant, and la Lane Bertran de Lalanne, lord of Lana Lanne of Goossa Gosse and the official of the bishop of Bayonne , to examine and judge the whole affair in the matter of the dispute between the mayor, jurats and hundred peers of Bayonne and de Rivo Pey Durrieu , plaintiffs, on the one part, and the abbot and convent of the monastery of Sorduen' Sorde , defendants, on the other, concerning a certain toll ( pedagium ), or the freedom from paying the toll, and there is to be no further appeal against their decision. The king prohibits the judges and the parties from taking further steps whilst their decision is pending. The king orders the seneschal of the Landes, and all other officials and ministers, and subjects and faithful people of the king of those parts, to obey and aid the prévôt and others, in the execution of this order.

The mayor, jurats and hundred peers have shown the king that formerly in the suit which was pending between them and Pey, and the abbot and convent concerning the toll, they had complained that the abbot and convent had newly and unjustly demanded that they pay the toll in the king's own territory, by their own temerity, and expenses estimated at 1000 francs which the abbot and convent have charged their neighbour Pey, a layman, bringing him before the judge of the church court and seeking the toll which is temporal and in royal jurisdiction, the seneschal of the Landes , because of the triple failure to appear, and on the fourth occasion gave his judgement in favour of the mayor, jurats and hundred peers, and Pey, who had appeared in court, concerning property, and the possession of a mill and other temporal possessions of the abbot and convent. The abbot and convent appealed against the judgement and certain citations and other matters to the king's judge appellate in Gascony and to his high council in Bordeaux, and had the mayor, jurats and hundred peers, and Pey cited to appear before the judge appellate. When they came to court a legal fault ( defectus ) was granted them against the abbot and convent who did not come to court. The defect, it is asserted, has its force from a privilege, custom or observance, or by whatever name it goes under, of the appellate court in Gascony, which has existed from time immemorial, and the judge appellate had consequently given a good verdict, and the seneschal of the Landes had given a correct order, and the appeal of the abbot and convent had been badly made.

Later when the abbot and convent pleaded that the defect had been illegally granted, the mayor, jurats and hundred peers were summoned to appear before and present their case to the judge appellate within three weeks, they appealed against this summons to the judges of the high court in Aquitaine stating that after the defect had been granted to them they had no further obligation to present it before the judge appellate, nor had he the power to intermeddle further since the granting of the defect was decisive, and, therefore, the judge had properly exercised his office. Notwithstanding this the parties or their procurators were given a date to appear before the high court, when the mayor, jurats and hundred peers, and Pey were granted the defect, which was written into the high court book against the abbot and convent who appeared in person, and gained the force of law expressed above. Very recently, on 7 August 1376 the judges of the high court of Aquitaine and the judge appellate, though the the mayor, jurats and hundred peers, and Pey had not been heard, quashed the two defects wrongly and unjustly and their proctor appealed against this enormity to the king in a public instrument sealed by the bishop of Bayon' Bayonne .