Physical condition of the roll

The roll consists of twenty-one membranes. There are entries on all of the face sides, but on none of the dorses. The roll is generally in good condition.

C 61/94 4 Richard II (1380-1)

Introduction.

With the reign into the fourth year, matters began to settle down as far as the contents of the Gascon Rolls are concerned, though the few entries at the end of the roll coincide with the commencement of the peasants' Revolt, so that might explain the relative paucity of events in June 1381 with the inevitable dislocation in London at that time. The roll is dominated far more with Gascon domestic matters such as the issue of grants, inspeximus and confirmations, and matters of justice. Military matters still find reference, but are less pervasive when compared to preceding rolls.

In judicial matters there are several entries that relate to matters found in earlier rolls. One entry relates to the disputed possession of the office of dean of Saint-Émilion. In roll 93, Domenges de Pardies, a chaplain who originated in Bayonne, succeeded in gaining an order to give him possession of the office, he having been accused of obtaining a grant of the benefice at the Roman Curia. Pardies's grant of the office seems in part to have been secured by the blackening of his predecessor's reputation. Roger Foucaud, the incumbent, was accused of acting against Pope Urban VI, and the king accepted that Foucaud had not been disloyal and ordered his restoration. 1 Another group of entries relates to Tetbaut de Poyloaut who was accused of being involved with the estate of Bérart III, lord of Langoiran, a rebel, and its transfer to the lord of Albret, one of the leading rebel nobles in Aquitaine-Gascony. Poyloaut's lands had been seized, and he had been imprisoned, and he requested that the king restore his lands and goods, which the king agreed to following several Gascon lords promising that the lands would be returned to the king if Poyloaut was convicted. 2 Three English lords - the earl of Northumberland, William Beauchamp and Robert Roos - were subsequently assigned to inquire into the matter and do justice, and in the meantime Poyloaut and his wife were received into the king's protection. 3 Perhaps the most substantial case in the roll concerns a dispute that broke out in Saint-Sever between the supporters of Galharda, the widow of Johan d'Aubagnan, and those accused of instigating his death. On 16 July 1380 the abbot of Sorde, the vicomte of Orthe and Master Guiraut de Mente were ordered to inspect the appeal and process in the legal case, and do justice. 4 On the 8 August the king was forced to take further action ordering several local officials to stop the conflict and do justice, accepting the oaths of those of the opposing parties who wished to purge themselves, and pardoning them. 5 That this process seems to have worked is borne out by the several pardons granted on 28 August 1380. 6

Much of the roll otherwise consists of grants, inspeximus and confirmations. Provision was made for the defences of Bayonne with the mayor, jurats and hundred peers receiving a grant of 4 d. in the pound on foreign merchandise brought to the city for the repair and fortification of the walls of the city. 7 The most substantial entry on the roll, amounting to six out of the twenty-one membranes, was a confirmation of the liberties and customs of Saint-Sever. The town's own original copy of the customs had been destroyed in the war in the 1360s, and the confirmation found here not only served to confirm the customs, but to provide the town with a new certified copy. The confirmation is one of a small number of detailed and lengthy customs found in the Gascon Rolls series. The Soudan de La Trau was another major beneficiary of grants and confirmations. Firstly, on 4 August 1380 he received a confirmation of several grants made to him by Edward of Woodstock and Edward III of Talmont and Montendre. 8 Then on the 12 August, for his good service and for the substantial financial losses he had incurred, the Soudan received a grant of the lands and possessions of Galhart Béguey, a rebel, up to the value of 1,500 l. a year. 9 The importance of the Soudan's support for the Anglo-Gascon administration is perhaps revealed by the protection and safe-conduct issued to him to remain in England, or elsewhere in the king's lands free from arrest and trouble. Further confirmations favoured two of Bordeaux's great religious houses, confirming to Saint-Seurin and Saint-André their exemption from customs on their wine 10

That some sort of stability seems to have been found in the Anglo-Gascon administration is perhaps exemplified by the sparcity of appointments to the office. Only one major office, the controller of the castle of Bordeaux, was replaced with the appointment of Thomas de Miton, king's clerk. 11

Although hostilities with the French continued, the war receives far less attention in the rolls with few letters of protection with only three relating to Englishmen, one of those being for John de Neville of Raby, lieutenant of the king in Aquitaine, and another for John Nowell, taverner of York, who was going to join the lieutenant. 12

Simon J. Harris.

Gascon Roll for the 4th year of the reign of Richard II.

Membrane 21

Image of membrane 21

Gascon Roll for the 4th year of the reign of Richard II.

1

19 July 1380 . Westm' Westminster . For the citizens of Bayonne.

Grant with the assent of the king's council, to the mayor, jurats and hundred peers of Baione Bayonne , that, in aid of the repair and fortification of the walls of the city, they may levy 4 d. in the pound on foreign merchandise brought to the city, and taken out of it by foreign persons, for five years from the end of the original five year term granted to them by the letters patent of Edward [III], late king of England , the king's grandfather, on 20 January 1377. It is ordered to the seneschal of the Landes, and whatever other officers and ministers of the king that there are in those parts, to permit the mayor, jurats and hundred peers to use and enjoy this according to the form and tenor of these letters of the king.

By p.s.

2

12 July 1380 . Westm' Westminster . For William Tipet. 1

Grant by the king's special grace, to William Tipet , for his good service to the king's father during his life, and to the king, of a shop with its appurtenances outside of the gate of the Burdegal' castle of Bordeaux on the north side, together with the pentice of the same shop under the great tower of the castle. To hold the same for his life provided he maintains the shop and pentice, and after his death that the same should wholly revert to the king and his heirs. 2

By p.s.

1.
A note in the margin states ' extractus '.
2.
For the order to the constable of Bordeaux to deliver the shop to Tipet, see entry in C 61/NaN . For a grant made a year later to Tipet, of the same, at his request, and following the surrender of these letters, see entry in C 61/95 .
3

10 July 1380 . Westm' Westminster . For a confirmation for Pey de la Mote of Saint-André, esquire.

Inspeximus of letters patent of John, lord Neville, lieutenant of the king in Aquitaine, in these words:

4 January 1379 . Bourdeaux Bordeaux .

Grant by Nevyll' John, lord Neville, lieutenant of Aquitaine , by his letters patent, to la Mote Pey de la Motte de Saint Andres Saint-André , kt , for his good and agreeable service to the king of France and England, of the Cubrac castellany of Cubzac , of all its revenues, rents and emoluments, and complete and shared jurisdiction, and all other appurtenances, holding the same for the term of his life, in person or by his proctor or attorney in the form and manner that Lebret Berart [II] d'Albret, lord of Rions , held it.

Inspeximus of certain other letters of the lieutenant's in these words:

4 January 1379 . Bourdeaux Bordeaux .

Grant by John, lord Neville , lieutenant of Aquitaine , under the royal seal of his office, to Pey de la Motte de Saint-André , and his heirs male, of all right, reason, action, profits and lordship that the king has in the pontage of Cubzac in whatever manner they are, excepting sovereignty, to be held, possessed, used and exploited by Pey and his heirs male forever, rendering one white glove as an entry fine at the change of lord and vassal only. It is ordered to all seneschals, judges, prévôts, mayors, under-mayors, captains, men-at-arms, and to all officers, justices and ministers, liege men and subjects of the king, to permit Lamothe or his attorney to use and enjoy the pontage, and to obey him according to the tenor of the grant, removing all those who detain the office.

The lieutenant has received the request of Pey de Lamothe containing that the pontage of the port of Cubrac Cubzac belongs to him of his own inheritance from Lanfat Guilhem-Amaniu de Lansac , but he is not able to prove this by charters or by the testimony of knights, esquires and other people of that country, because his charters and instruments of his patrimony have been lost to Pey and his heirs male, in the town of Bourg when it was captured by the enemy a long time in the past. He has sworn on the Gospels that this is true, and the lieutenant grants the pontage in consideration of the good service of Lamothe to the king, and to the late king and prince, in their wars. and the king.

The king approves, ratifies and confirms the letters by his special grace and with the assent of his council. 1

By p.s.

1.
For the petitions that lay behind this and later entries, see TNA SC 8/128/6367, SC 8/128/6356 (a later copy) and SC 8/128/6354.
4

24 July 1380 . Westm' Westminster . For Peire Merle.

Order to the constable of Bordeaux, or the collectors, receivers or farmers of the king's custom of wine called issac ( yssac ) in the city of Burdeg' Bordeaux to pay to Peire Merle, late burgess of the city of Montalban' Montauban , the arrears of the sum of 100 l. of black money current in those parts of the king's lordship of Aquitaine from 20 March, and afterwards to pay the same each year at the terms; they are to receive letters of acquittance from Merle attesting to the payment so that they can have due allowance in their account. The king granted the 100 l. to Merle on 20 March 1379 by his letters patent in satisfaction 1995 Francs that Merle lost in Aquitaine, which sum was to be paid from the customs at Easter and Michaelmas by equal portions, until Merle had been paid what he was owed beyond 250 Francs received by Merle, just as is more fully contained in the king's letters.

It was patent.

5

25 July 1380 . Westm' Westminster . For William Typet.

Order to the constable and Burdegal' mayor of Bordeaux to admit Typet William Tipet to the shop which lies outside the gate of the castle of Bordeaux on the north side, with its pentice under the great tower of the castle ( sub magna turri eiusdem castri ), put him in full and peaceful possession, maintaining and ddefending him in the same. The king granted the shop to Tipet for his life for his good service to the king and to his father, by his letters patent on 12 July 1380, provided that after Tipet's death the shop and pentice should wholly revert to the king and his heirs, just as is more fully contained in the king's letters. 1

It was patent.

1.
For the grant of the shop to Tipet, see entry in C 61/NaN .

Membrane 20

Image of membrane 20

Gascon Roll for the 4th year of the reign of Richard II.

6

20 July 1380 . The in palacio regis Westm' palace of Westminster . For Tetbaut de Poyloaut of Gascony, esquire.

Order, with the assent of the king's council, to the seneschal or lieutenant of Aquitaine, and the constable of Bordeaux and seneschal of the Landes, and their deputies or lieutenants, to wholly restore seisin without delay to Podio Alto Tetbaut de Poyloaut , or his proctors, in all his lands, goods and possessions of which he was formerly seised, holding the same as he did when he previously held them, under certain obligations, the king revoking any grants of any of the same to others made in the meantime.

A complaint was made against Poyloaut, alleging that Bérart [III], Longeiran lord of Langoiran , a rebel now deceased, at the time of his death made the Lebreto lord of Albret , 1 a notorious enemy and rebel, his heir, and Tetbaut became a supporter of the lord of Albret, and at Tetbaut's instigation the lord of Albret obtained possession of the castles and fortalices, and other places of the lord of Langoiran within the king's lordship, and impeded the king's officers and well-wishers from placing those castles and fortalices under the king's obedience in prejudice of the king and his crown. Certain of the king's officers procured to have all the lands, rents and goods of Tetbaut's within the king's lordship taken into the king's seisin, and to have Tetbaut arrested and imprisoned. Tetbaut has requested that since he is a loyal subject and innocent of these allegations, that the king will wish to restore him to all of his lands and goods. The king wishes to agree to this request and because the Trawe, la Soudan de la Trau , 2 Chaumberlak Johan de Chambrillac , 3 and Sparre, la Bernat de Lesparre, lord of Barda Labarde , have come into chancery in England personally, and have bound themselves that if Tetbaut is convicted of any of the articles, then his lands, possessions and goods will be restored to the king. 4

By K. and C.

1.
Arnaut-Amaniu d'Albret .
2.
Arnaut-Bernat IV de Preissac , nicknamed the Soudan de la Trau.
3.
On him, a Périgourdin loyal to the king of France, see Salles, G., "Je ne craing pas que mal m'en vieigne". Jean de Chambrillac, chevalier périgordin, 1ere partie", Bulletin de la Société Historique et Archéologique du Périgord , CXXXVI, 2009, 37-64.
4.
For related entries, see entry 10 , entry 16 and entry 84 .
7

4 August 1380 . The in palacio nostro Westm' palace of Westminster . For the delivery to the dean of Saint-Émilion in the Bordelais.

To the king's lieutenant or seneschal of Aquitaine, the constable of Bordeaux, the Burdegal' mayor and jurats of Bordeaux , and whatsoever other officers and ministers of the king there, and their lieutenants.

Order to release from arrest all the goods and chattels of Roger [Foucaud], Sanctus Emilianus dean of Saint-Émilion in the diocese of Bordeaux, and of the prior of Saint-Martin [du Mont Judaïque] , his nephew, and their households, taken, arrested or detained by them, or any of them, and to restore and deliver them to the dean and prior, and their households. They are to permit the dean and prior and their households to use and enjoy their goods and benefices notwithstanding any letters or orders of the king directed to them to the contrary.

Lately, because of unjust allegations, and wicked procurations made against the dean, both on account of his many rebellions against the pope , 1 and on account of letters of certain cardinals, similarly rebels to the pope, brought by him into England, as it is said, though he did not present them, the king through ignorance had had him put into prison. The king has made the above order because the dean has always laudably served the king's progenitors in Aquitaine, because he has provided sufficient excuses before the king's council that the king believes in his innocense, having received testimony of the dean's good name and loyalty both from English magnates and from nobles and good men of the city and patria of Bordeaux, by their letters sent to the king. 2

By C.

1.
Urban VI , pope at Rome (1378-1389).
2.
For a related entry, see entry in C 61/93 . Printed in Rymer, Foedera , vol. 4, p.95.
8

4 August 1380 . Westm' Westminster . For a confirmation for the Soudan de La Trau.

Inspeximus of the tenor of letters patent of the king's father under the seal of Bonell' Guilhem Boneu, judge of the king's appeal court , in these words:

1 April 1357 . Burdeg' Bordeaux .

Grant by Edward [of Woodstock], eldest son of the king of England and France, prince of Wales , duke of Cornwall and earl of Chester , to the Preissaco Soudan de Preissac, lord of Didona Didonne , 1 for his great and continued service to the king, and in enhancement of an earlier grant by the prince, of the place of Monandre Montendre , with all rents, rights, dues, profits and emoluments, and its other appurtenances, and complete and mixed jurisdiction, high and low and all manner of justice. He is to hold the same for his life, and for that of the Soldanus Soudan , 2 his son, any grants, gifts or assignments of the same to the contrary notwithstanding.

Inspeximus of the tenor of another letters patent of the king's father under the seal of the same judge in these words:

10 February 1370 . Dengolesme Angoulême .

Grant by Edward [of Woodstock], eldest son of the king of England and France, prince of Aquitaine and of Wales, duke of Cornwall, earl of Chester, lord of Biscay and of Castro Urdiales, to the Soudan de La Trau of the place of Talemont Talmont with its appurtenances, to be held until the small custom of Royan which ought to pertain to him, is rendered to him. The Soudan has shown the prince how he has requested that the custom be rendered to him since it pertains to him by right, and belongs to his own inheritance; and also how the prince has ordered his great council many times to deal with the business, but they have failed to do so. The Soudan has requested therefore that the prince render the custom to him, or grant the place of Talmont, with its profits, issues and emoluments, to be held by him and his successors until the custom is rendered to him.

It has been shown to the king by inspection of the rolls of chancery of Edward [III], late king of England, the king's grandfather, that that king made letters patent in these words:

12 April 1377 . Westm' Westminster .

Confirmation by Edward [III] , king of England and France and lord of Ireland, of grants made by his son Edward [of Woodstock], late prince of Wales, now deceased, by his letters patent, to the Soudan de La Trau, kt , 3 of certain lands and tenements, namely: the place of Mountendre Montendre with its appurtenances, which does not exceed the value of 280 l. of annual rent of money of that country, to be held to the Soudan and his heirs forever in compensation of the great losses which the Soudan's father sustained when the place of Dedone Didonne was destroyed by the enemy, and for the great sums owed to him for his wages; and also of the place of Thalamond' Talmont , whose value does not exceed the value of 300 l. of annual rent of money of that country, to be held by the Soudan and his heirs forever, in compensation for the custom of Royan which ought to have belonged to the ancestors of the Soudan.

The king has confirmed the grants because he wishes to give greater security to the Soudan in those places granted to him in accordance with the letters of his son

The king grants and confirms the letters of his father and grandfather, provided the Soudan, his sons and heirs, make the liege homage and other duties for these things as is just.

By p.s.

1.
Arnaut-Bernat III de Preissac .
2.
On the nickmanes of Soudan and Soudic and the people named as such, see Pépin, G., 'Les Soudans de Preissac ou de la Trau : de Clément V à l’ordre de la Jarretière', Les Cahiers du Bazadais , no. 187 (2014), pp. 4-72.
3.
Arnaut-Bernat IV de Preissac .
9

5 August 1380 . Westm' Westminster . For protection.

Letters of protection, with clause volumus , until Christmas next, for John Nowell, Ebor' taverner of York , who is going to in Aquitaine, in the king's service, to stay there in the company of John, lord Nevill, lieutenant of the king in Aquitaine.

By bill of p.s.

Membrane 19

Image of membrane 19

Gascon Roll for the 4th year of the reign of Richard II.

10

4 August 1380 . Westm' Westminster . For safe-conduct. 1

To all lieutenants, justices, officers and ministers of the king's in the lordship or duchy of Aquitaine.

Letters of protection and safe-guard while they remain in the king's allegiance, granted to Podio Alto Tetbaut de Poyloaut and Maria [d'Ornon] , his wife, together with their servants and household, as the king, wishing that they should remain in peace and be preserved from injury has received them into his protection and safe-keeping. The king orders that they be protected, maintained and preserved from injuries, violence, damage, oppressions and novelties committed against their persons, and that they be defended in the just possessions that they and their predecessors had. The king wishes this protection and safe-guard to be publicly proclaimed, with prohibitions, and other things necessary for them, and as a sign of it their houses, goods, property and possessions are to have the king's pennon placed on them so that no-one can claim ignorance as an excuse for contravening the protection. They are to appoint one or more of the king's royal serjeants, if they are requested, at Tetbaut's expense, but they are not to intermeddle into matters which need to be inquired at in a legal way, without prejudice to the king's or anyone else's rights. 2

By C.

1.
Although the heading states that this is a safe-conduct, it is in fact a protection and safe-guard.
2.
For related entries, see entry 6 , entry 16 and entry 84 . For similar letters granted to the same individuals in the following year, see entry

For Eliona de France.

11

8 August 1380 . Westm' Westminster . 1

Grant by the king's special grace to Eliona de France of the king's lordship of Aquitaine, for her good service to the body of the king when he was an infant, 2 of two shops with their appurtenances which the king has under the Burdegal' castle of Bordeaux on the left of the castle, valued each year at 20 l. of the king's money in those parts. To hold the same for all of her life provided she maintains the shops in her tenure, and that they revert to the king and his heirs after Eliona's death. 3

By p.s.

1.
A note in the margin states ' extractus '.
2.
Eliona de France had been in charge to rock the cradle of Richard II when he was a baby in Aquitaine. See Calendar of the Patent Rolls (CPR), 1391-1396 , p.505 (Westminster, 13 August 1394). She received there a yearly rent of 10 m. from the exchequer.
3.
One copy of the original grant is kept in TNA, E 101/182/12, no. 36. The order of Neville to the constable of Bordeaux to deliver this grant to Eliona at her request is TNA, E 101/182/12, no. 37 (Bordeaux, 10 November 1380).
12

Same as above

And it is ordered to the king's lieutenant, the seneschal of Aquitaine or constable of the castle of Bordeaux, or their lieutenants, to deliver the shops with its appurtenances to Eliona [de France] according to the tenor of the king's letters.

By the writ etc.

13

16 July 1380 . The in palacio nostro Westm' palace of Westminster . For Guilhem-Arnaut and others for an appeal.

Order to the abbot of Sorde , the Dorte vicomte of Orthe and Master Guiraut de Mente , to inspect the appeal and process concerning the legal case of Guilhem-Arnaut de Brocas , Fabro, de Johan Dufau , Saltu, de Nicolau de Sault , Tholosa Ramon de Toulouse , Vidones, deu Pey de Bidones , Muris, de Pey de Mus , and Castainhos Johan de Castagne , burgesses of Sanctus Severus Saint-Sever , and all the related matters, and do full and speedy justice according to the fors, laws and customs there, and of the town of Saint-Sever, prohibiting, on the king's behalf, the king's lieutenant there, or the king's council there from attempting anything in this matter, in prejudice of Brocas and the others.

Guilhem-Arnaut de Brocas and the others, have shown to the king that in a certain legal case between Aurissa, de Bernat d'Aurice , Carthia, de Johan de Cartié , Ispannia, de Johan d'Espagne and Dayres Arnaut d'Aire , on the one part, and them on the other, because they supported Galharda, widow of Daubanham Johan d'Aubagnan , concerning the death of her husband, Aurice and the others caused them to be cited to appear before Nevill' John de Neville, king's lieutenant , and the justices of the court of Gascony, and the case was then sent to the prévôt, jurats and council of Saint-Sever, where Brocas and the others were to stand trial and receive the verdict, under the threat of grave penalties, but they, being thus compelled, agreed to obey the order. Neville agreed that if Brocas and the others complied with this, then they would be discharged of the obligations and penalties imposed on them.

Afterwards, Brocas and the others came before the prévôt, jurats and council, and stood trial. However, although Aurice opposed the judgment of the prévôt, jurats and council, the prévôt freed and absolved Brocas and the others on the authority that he had from the lieutenant. Notwithstanding this, the lieutenant ordered Brocas and the others to appear before him and his court at a certain day. They did not come because they did not have the safe-conduct of men-at-arms, the roads being dangerous because of the French who lurked there, and nor did they have time to obtain that. In addition, they were not bound to appear before the lieutenant, since this was contrary to the privileges of the town of Saint-Sever that no inhabitant of the town should be compelled to appear outside of the town until the matter had first come before the justice of the town. Despite this, the lieutenant, considering Brocas and the others to be disobedient, condemned them in a great fine. Borcas and the others have now appealed to the king, and request remedy.

By p.s.

14

28 August 1380 . Westm' Westminster . For protection.

Letters of protection, with clause volumus , until Easter next, for Nevill' John de Neville of Raby , lieutenant of the king in Aquitaine , who is staying in Aquitaine, in the king's service.

By bill of p.s.

15

1 September 1380 . Westm' Westminster . For conduct.

To the admirals etc.

Letters of protection for 20 days, granted to Pelegrin Ramon Pélegrin, clerk of the king's lordship of Aquitaine, who, by the advice of the king's council has been delivered from the king's prison of the Tower of London , where he had been lately detained for certain reasons, to go overseas within 20 days after the date of the present licence of the king, the king having received him and two of his servants into his special protection and defence for their passage through the king's lordship and power by land and sea during the 20 days. They are not to permit any injury, damage, violence, impediment or harm to be done to Pélegrin and his servants in the voyage. If anything has been forfeit or injury has been done, it is to be put right without delay.

16

20 August 1380 . Westm' Westminster . For hearing and examining certain processes for Tetbaut de Poyloaut.

Assignment of Henry de Percy, earl of Northumberland , William Beauchamp and Rous Robert Roos , ot two of them at least, to examine all the process and articles concerning the allegations made against Podio Alto, de Tetbaut de Poyloaut, esquire of Gascony, and their contents, and hear and examine the trustworthy people produced on behalf of Tetbaut, and also the allegations and arguments. They are to discuss and determine the matter by the evidence, allegations, arguments and examinations according to the laws and customs there. They are ordered to diligently attend to this.

A complaint was made against Poyloaut by Master Guilhem Passepayre , the king's procurator fiscal in Aquitaine, alleging that Poyloaut, forgetting his allegiance, that Bérart [III], late Longeyran lord of Langoiran , at his death, 1 made the Lebreto, de lord of Albret , 2 a notorious enemy and rebel, his heir, and Tetbaut, after his death became a supporter of the lord of Albret, and at Tetbaut's instigation lord Albret obtained possession of the castles and fortalices, and other places of the lord of Langoiran within the king's lordship, impeding the king's officers and well-wishers from taking the castles and fortalices into the king's obedience, and did many other things prejudicial to the king and his crown. Tetbaut has request that the king will do justice to him for he was not aware of the procees and articles against him, and nor was he cited or summoned, though on their occasion he was arrested and imprisoned. 3

By K. and C.

1.
In 1379.
2.
Arnaut-Amaniu d'Albret .
3.
For related entries, see entry 6 , entry 10 and entry 84 .
17

26 August 1380 . The in palacio nostro Westm' palace of Westminster . For a confirmation of the customs for the men of Saint-Sever.

Confirmation of the customs, statutes and privileges of Saint-Sever , 1 considering the losses suffered by the consuls and community of Sanctus Severus Saint-Sever , in the Aduren' diocese of Aire , from the invasions of the king's enemies, 2 and wishing to recognise the loyalty shown to the king, and his predecessors; saving always the rights of the crown, and reserving the power to emend and reform any customs etc. which tend to harm the crown or the honour of the town:

  1. First that any lord of the town, when he first becomes lord, and personally comes to the town, he is to order the council, consuls and community to appear before him and administer an oath to the consuls and community and the oath will be on his soul. And likewise the lieutenant of the abbot, should the abbot be absent for a year will outside of the Languedoc ( lingua occitana ), 3 will swear the oath. The abbot will take the oath on his return, and vice versa the council and community, that he will be a good lord and do right by them and do justice and will defend them from injustice and violence from himself or any other in or outside the town, and will keep their written and unwritten customs and statutes. The jurats, consuls and community are to swear to the lord or his lieutenant, and also to the abbot, to be loyal to the lords, and not damage them and to support the council and guard the lords from all people wishing to harm them. Further that when a seneschal is appointed in Gascony or the Landes, he is to swear the oath to the consuls and jurats of the town, and the consuls and jurats reciprocally to the seneschals. Likewise all prévôts and bayles at the beginning of their office are to swear an oath to the jurats for the whole community. The jurats are not obliged to swear an oath to the prévôt and bayle. Every year new jurats are to be chosen by the council and community on St Andrew’s day, 4 and this to be confirmed by the lord. These jurats are to swear that they will be loyal and observe the customs and liberties of the town. The old jurats are to hand over the keys and seal to the lord, or the prévôt or bayle, and they will present them to the new jurats without delay.
  2. The lord is to have the chevauchée ( cavalgata ) 5 when an army is formed, and men and horses are sent to the army. And also on account of other business of the town, that the jurats are able to receive rouncys 6 or horses of the town, for a reasonable price. Those who refuse to handover their horses to the jurats for a reasonable price are to pay 20 s.morl. , ten of which are to go to the lord, and ten to the town, and this is to be understood as for the horses which are customarily hired at a day-rate ( pro dieta ). And if, because of a dearth of such horses or rouncys the jurats have had to take horses from those that are exempt ( in quiete ), and they are lost in the army, the town is to pay the value of the horses to the owners.
  3. If an army or chevauchée ( cavalgata ) has to be mustered, and it is necessary to take men out of the town, then they are to be selected from those recognised in the lord's and jurats’ oath as being suitable for going, having no regard as to whether they are friends or not, and they are to obey and go wherever necessary at the town’s expense; those disobeying are to pay 50 s.morl. , 25 going to the lord, and 25 to the town.
  4. That all burgesses living in the town, or its neighbourhood, and committing an offence in the town, or its neighbourhood, is to be summoned and tried in the town. And if a burgess has been seized by the lord, then he is to released with guarantors and when the guarantee lapses and he is tried in person in the town in accordance with the nature of the crime he has committed, or forfeiture he has incurred, according to the customs and statutes of the town. He is not to be committed, cited or tried or detained if seized outside the town unless the lord could not effect justice without great danger or other scandal, which means that going to law would be hazardous, and it should then be done in conjunction with the council of jurats and the community, ot the greater part of them.
  5. That the jurats and lord are to sit on inquests, inquiries and cases at law in the town, and are to be present when someone is questioned and under torture. Criminal cases which take place without the jurats are to be null and void, unless they have been summoned. And the jurats are to be summoned by the lord to come to the council chamber when sentence is being given and in criminal cases when only the delivering of sentence remains, and this should be the jurats and around twenty other worthy and wise men according to the nature of the sentence. These men are to come at the bidding of the lord, and any who refuse are to be fined 6 s.morl. . And when they are together, as is customary, the proceedings and inquiries into the case are to be read out, and afterwards those present are to be questioned on oath, and if the lord and jurats decide that the case requires it, each is to give his opinion on the case dispassionately. The lord and jurats are to choose one of the opinions. And if the lord and the jurats disagree then the view of the majority of the jurats prevails and the sentence is written down and carried out.
  6. The jurats are to be able to hear all testimony in the absence of the lord then.
  7. If there is an appeal against a sentence given by the lord, jurats, law-worthy men and court, the jurats, to avoid loss and damage being incurred by the lord, are to lead the defence with the assistance of the lord.
  8. In such appeal cases as above, the lord’s sovereignty is to be retained.
  9. No burgess, neighbour, 7 nor an inhabitant of the town, is to be arrested by the lord or anyone else when he can find a guarantor, unless he is found with loot in his hand, or with blood on his hands, or unless it would have been approved by the lord and jurats or otherwise without the protection of the law, by wager, or otherwise by personal obligation, under the seal of the lord, or for which a corporal punishment ( pena corporis ) could follow. And if a burgess or neighbour is arrested, unless he should receive a corporal punishment, or exile the lord without any evasion, at the request of his nearest friends, after consulting the council with the jurats, should released into the custody of his guarantor until judgement is given.
  10. No burgess, neighbour, nor an inhabitant of the town is to be deprived of anything he holds in peace for eight days without being called into court, and the lord and jurats are to defend him and help him in his possession. If there is a dispute such that there could be a sequestration, then the lord can make a sequestration with the council of the jurats, of what is in dispute, though safeguarding the possession of the one or the other.
  11. If anyone who has something taken from them in the town by another person, and seeks the restoration of them from the lord without delay, then the lord is to summon jurats who are to put the parties on oath, and summon witnesses, and the one who has been expropriated is to be put back in possession and defended. And the same is to be done with the goods of holders or those who are absent whose possession has lapsed on someone’s death. 8
  1. If someone alleges that he has suffered injury and unlawful force, the injuror is to deny it on the first subsequent law-day or concede it. And if he concedes it then he is to make a payment ( firmum ) for it, and the injured party is to grant him a guarantor to answer concerning everything the injuror 9 intends to claim. And if the injuror claims that he has not made an injury and force, then the injured party is to be given three days to prove his case. If he proves it, the lord is to see to the restitution of what was taken, without mainprize and if the injuror refuses to restore it the lord is to arrest him.
  2. The lord is not to hold any man to pledge, nor seize his goods or take them into his hands without legal process at the instance of the party, and if he has done this then he is to reverse his actions, and return them without delay.
  3. Also the lord should not receive a penalty or wage, until the claimant, is satisfied, and the case is settled unless there has been some defect in law.
  4. The legal penalty due to the lord for confirming the claim for any party in a civil case, or one concerning money as due to him or as a bond, is 6 s.morl. , five of which the loser must pay to the lord, and one to the court notary, and the same amount for the removal of a pledge from the lord’s hands, or those of his client’s or the sergeant jurat’s, and the same amount for lifting the sequestration. And if the party who had the sequestration imposed loses, he is not to incur any penalty apart from the sequestration and the same amount when an arrest is countermanded ( fractus ) and this is so unless a larger penalty would have been imposed on the one arrested, and he had given his agreement. And a pledge ( fides ) is to given to the lord after an oath was given in public concerning an order, a sequestration, a claim, or a complaint, and a pledge is to be given to a dependant (or client) with an oath given in public concerning an order, sequestration or weapons if someone draws weapons in anger, and in that case the one drawing them must pay 6 s.morl. to the lord. And the weapons if the lord or his dependants have them, and a neighbour or non-neighbour wounds or kills the man from whom they were taken by the lord or his dependants, then he will pay double the penalty and the fine will stand whether anyone claims or complains or not, and this is within the jurisdiction of the court.
  5. The lord is not to take as hostages from the town people or inhabitants, unless there were special circumstances ( magnus casus ), or it would otherwise have been beneficial to the lord and the town to do so, and even then it should only be done with the agreement of the jurats and council.
  6. If there is disageement between the parties about the possession of something immovable, and the parties, or one of them, armed themselves and wished to recover its possession, and it was thought that great harm or scandal could follow, the lord and jurats may take it into their hands, and conduct a brief investigation by putting the parties and other upright people on oath and thus find out who possessed it, and not to whom it should belong, and put that party in possession of it. Then the parties are to answer briefly at the request of the lord and jurats without delay, without advocates, and proceedings are to finish within a day, unless there is some defect in the petitioner’s case.
  7. Also if the parties disagree about the division of some immovable property in the town, or outside of it, then the lord and jurats ought to summon those who ought to be called, and summarily make a division, with or without a complaint being made.
  8. Any person summoned to court in a civil or financial case, is to confirm to the lord that he will come to court if the lord or another is plaintiff, pledging his goods or otherwise via guarantors. And if he cannot confirm, then he is to swear to pledge his goods to the lord that he will come before the lord and court at a certain day or days which the lord will assign to him, and in the meantime not alienate them. And the plaintiff is to confirm likewise. And if the petition is for about 30 s.morl. then it need not be written down, but if it is for more it should be put in writing. And the plaintiff on the day when he is to confirm need not [write it down], since he has done what he ought, unless he wishes to respond further. And a third day is to be assigned to him when he can seek a day before the council for nine days, and the same for an advocate if he does not have one, and three days for the absence of an advocate and nine days to answer. And if he ventures to swear that he cannot have an advocate for love nor money ( precio vel amore ), then the lord is obliged to provide one for him, but at his expense. And if the petition is for an immovable piece of property within the town he can have a day to look after it for three days but if outside the town for nine days. And after this he can have a day for warranty before he responds to the case, for nine days in a case when the warranty has official standing at law, which warranty he is to show beforehand and satisfactorily confirm. And he is to swear on the Gospels that the warranty is his and was his before the first citation, and in court he must accept the whole case, and if he does not confirm or swear an oath his warranty is not to be accepted, but rather the defendant is to proceed with the case. And if that warranty is [not] confirmed, he must declare another warranty, and should have nine days to have this warranty, and should swear that he will produce this warranty,e and that he is not acting through malice, nor to avoid the case at law, and that he believes he will have it on that day. And he must similarly confirm and swear to this second warranty. And if the second warranty is not produced, he is to have another nine days and the same oath and likewise with a third guarantee, but he may not prolong the case any further to have warranties. This clause is operative in money and civil cases.If those who are named in warranty are from outside the town of Saint-Sever, then the one who wishes to produce the warranty must be given enough time for him, or his messenger, to return to Saint-Sever from the place where the warranty is or was said to be. And if the lord, council and court are satisfied that after eight days he is not acting evasively, then he may produce the warranty. If the person named in the warranty is duly requested by thos who named him to be present before the lord, complains, then the lord is to compel him to appear with the warranty, unless he can show good reasons why he ought not to.
  9. All people ordered to appear before the lord, unless he appears from night until morning, or for as long as the court is sitting, and if the court is not sitting unless he appears before midday at the request of the party then he is in default. And in the same way the one who gave the order and because of the default of the petitioner, or the accused, the lord will have 6 s.morl. , namely, five for the lord and one for the notary, and the accused is to be compelled to make all his goods liable, until he comes to respond to the complaint of the petitioner. And if the complaint is of injury or violence a default by the defendant means a liability in person and property, until he comes to answer, and if the petitioner is put in default whilst the case is pending, because of the default whatever has been initiated is null and void until he comes by a new order. And the defendant is not to be liable unless a new order is given.
  10. And no-one may litigate in the court of Saint-Sever by means of a proctor unless he is a prelate with the dignity of a chapter, college, convent or community.
  11. Also in a case of plunder, harassment or disturbance of possession of goods when one party says and declares that the other should not have possession he should not have a day for gardia or retrogardia but gardia should be given immediately if sought and it should be answered without subterfuge.
  12. In every civil or criminal case both parties must swear an oath of calumny ( calumpnia ) and truth after the joinder of issue. If one of the parties will not swear, or has sworn and will not answer on oath as to what he has done, they should be held to have confessed. Any defendant should be able to make any good and true defence in his case, and must be allowed to prove it.
  13. Petitioners may show their purpose and have time to produce witnesses. If any of the witnesses refuse to come before the lord at the petitioners’ request the lord should compel them to produce evidence of the truth. If they live outside the lord's jurisdiction, so that he is not able to make them appear, he should discuss the matter with his court and name a day for them to be brought to court, giving them enough time, and he should request the lord of the place to hear and examine the witness, and send an attested copy of the responses under his seal, taking oaths that the testimony is not a subterfuge.
  14. That when the witnesses are questioned, that it is to be done publicly in the presence of the parties, and when it is done publicly and the verdict must be given quickly, when the lord has consulted the court and as reason demands.
  15. Any man who has been indicted up to three times on a criminal charge and defaults on any of them shall be put as a three times defaulter by the court, and default for a fourth time, he will be warned to appear within a day, otherwise he will be found guilty by judgment of the court. The lord may then send him into exile, and after this exile may arrest him, and any man coming across him may arrest him and bring him to the lord. And if the individual resists arrest, he may be killed without incurring any legal sanction. If he is in the lord’s prison, he should receive his rights from the lord and the court according to the nature of his offence.
  16. Also if a petition is [made] with a public charter ( carta publica ) and the dispute is about 30 s. , more or less, a document should not be drawn up, nor should a copy of the instrument be given, but rather the petitioner should immediately answer without subterfuge on the following day. And whether or not there is a charter, if the principal defendants are living and present in court and if the principals who have granted the charter are not present or alive and the case has begun let the charter take the place of a petition to which the accused must respond. And the one who seeks to be repaid the debt of a dead person is to swear to the debt supra sanctum leonem debitum in sancto leone that the debt has not been repaid. And if the one to whom the charter is owed is alive, then no allegation or proof against that charter ought not be received, unless it is against the charter or the sufficient witnesses ( Et si ille vivit cui carta debetur non debet recipere allegationes contra illam cartam non sit recepta aliqua probacio nisi contra cartam vel testes sufficientes ). 10
  1. All debts adjudged by the lord and court are to be paid from the debtor’s moveables, and if he does not possess any he must swear that during the following year he will sell as much of his goods and immoveables as will clear the debt. In case he does not do this, the lord is to sell sufficient from the debtor's immoveables, by bill, after notice has been given three times at nine days intervals for the sale of those immoveables. In case there are no buyers, the creditor may buy them at a price laid down by law-worthy people appointed by the lord and jurats. The debtor should approve the sale, and if he does not, should be compelled to do so by his arrest, and kept until he does. If the debtor is absent and refuses to accept the sale the lord is to approve the sale after 15 days notwithstanding his absence. If the debtor is cited at his house and swears that he has nothing with which he can repay the creditor and the lord cannot find any such he must swear if he has anything over after having his victuals each week he will pay it to the creditor. And if the lord finds that he has such and has been hiding them maliciously, and none can find them, in that case the lord must consult the council and the miserable remedy of seizure of goods ( remedium miserabile cessionis bonorum ) is prevented, then they are to take whatever action necessary.
  2. The custom has been that if a neighbour of the town kills another neighbour he is to pay 360 s.morl. to the lord at three terms, one being on the death, and the other two in the following May. The killer is to be banished from the town and territory forever. And if the killer is found and detained within the town’s boundaries and cannot pay the penalty, he is to be put to death. If he is able to pay, and is seized by the lord or his people ( societates ) within the town boundaries, he must pay a double fine the first time and if he is found a second time then he is to forfeit his freedom ( corpus suum ) at the lord’s will.
  3. If an inhabitant or outsider kills a neighbour of the town and is caught, he is to lose his freedom ( corpus suum ), and pay the fine to the lord.
  4. If a neighbour kills an outsider, or one who is not a neighbour, he is to pay a fine of 366 s.morl. to the lord to whom he owes it and is not to be banished.
  5. If a woman, an outsider from outside the town, comes as wife to a burgess of the town, or any other woman, not a daughter of a burgess, she is to enjoy the privileges of the town so long as she is with her husband, or is a widow, and does not take another husband who is not a burgess, and she is to be a burgess. And if she dies aid is to be given to women burgesses as with male burgesses ( quod ita adiuvarent vicinas sicut vicinum ), but any son or sons she had from another man who was not a burgess are not to be neighbours of the town.
  6. Whoever kills someone by accident, by bursting him open in play with horses, or with a lance accident, or running at him on horseback and carrying him as if he were in a game or throwing a stone or a pressa , or by shooting with a bow past the target in a lawful game and no blame is attached against the one who has killed. No blame is to be attached nor banishment indicated or any other penalty but he is to be obliged to do good to the dead man’s parents, and for his soul, as the lord and jurats decide according to the nature of the accident.
  7. No man is to go into another’s house at night to humiliate or do violence to the master or mistress or their people or to steal or do any other damage. If he does, anyone may take him and hand him over to the lord without punishment. And at the notice of the lord and jurats and the court of Saint-Sever, he is to be punished as he deserves. And if they cannot catch him and wound or kill him, they are not to be punished by death or exile, provided that they had raised the cry concerning the robbery ( in hospicio ad latrones ) such that their neighbours heard, and swear that they followed the procedure and raised the cry but were not able to wound or kill the culprit. And likewise concerning someone who entered into someone else’s dwelling with ill intent carrying forbidden arms by day to do violence or shameful acts or damage against the master or mistress or any other person so long as the master or mistress’s neighbours or others can give evidence, or failing them, members of the household. He is to pay 60 s.morl. , half going to the lord, and other to the master of the house.
  8. Anyone who attacks his neighbour in his own house is to incur a punishment of 15 s.morl. to the lord if it is done by the cry. If anyone, alone or with others, attacks his neighbour in his house, and commits murder. or strikes a blow, or causes damage to the householder or anyone else there, they are to be punished until one of them reveals who has done the damage.
  9. That the lord ought not to bring legal action against the neighbours and inhabitants of Saint-Sever unless it is named, and he is not to seek information on any crime unless it is at the instance of the parties, or of the council of the jurats, nor ought he to have an appeal. And if the lord arraigns someone on a criminal charge and the accused wishes to clear himself by compurgation he must be allowed to if the jurats and council agree.
  10. Also if anyone steals things worth more than 30 s. at any one time, he is to be sentenced to death if the jurats and council agree. If however he steals things worth more than thirty shillings in more than one robbery, the lord may dispense with that sentence if the thief is not branded. If the robber has been branded, and was caught in the act, or proof was given in some other way, then he should be condemned to death if what was stolen was worth more than 6 s.morl. . If it was for less, then they should brand him again if the lord, council and jurats agree.
  11. Also, if anyone steals trees with fruits, he has to be punished according to the law in a way decided by the lord and the jurats.
  12. Also if anyone is caught in the act when he has entered another’s house by night to steal, then he is to be hanged. If he is not caught red-handed but proof is otherwise given, then he should also be hanged.
  13. If anyone is accused of murder, burglary or another crime, and the presumption is against him, but he cannot be imprisoned or there is insufficient proof against him, the lord, jurats and council may punish him according to kind and seriousness of the crime according to the accusations and presumptions in his case, and impose a penalty of relegation ( relegatio ) both of money, and of other penalties. Of the penalties in money, two thirds are to go to the lord, and one third to the town. In such cases, those who are accused should not have the power to appeal in any other place, and the verdict will be executed according to the form and manner indicated by the lord and court.
  14. That no inhabitant of the town shall be interrogated or tortured because of any presumptions against him, but is to suffer a penalty at the lord’s discretion unless he is low-born, of bad life or of ill repute. Such persons ought to be interrogated and tortured according to the presumptions against them if the lord and jurats consider it necessary. No person is to be tortured unless the jurats are present.
  15. That if a man and woman are found in adultery, they have to run through the town naked, and are to pay 65 s.morl. , of which half is to go to the lord, and half to the town. 11
  16. That if any neighbour of Saint-Sever rapes a virgin, he is to marry her if she wants him, or give her a dowry or find her a suitable husband, in the judgement of the lord and jurats. And if the rapist has a wife or was the sort of man who could not do those things he is to be condemned to death, provided there is clear proof of the violence. And he will be condemned to a money fine by the lord notwithstanding the above according to the nature of the rapist ( forsator ) or of the raped girl ( forsate ). The penalty is to be not less than 65 s.morl. which will be the lord’s, but any excess penalty over 65 s. is to be shared half and half.
  17. Anyone who rapes a married or unmarried woman by violence, is to pay her compensation. He is to pay a fine and suffer either exile or death, according to the severity of the offence as the lord and jurats will judge. He should pay 65 s.morl. , and if the penalty is more than this, it is to be distributed as above. If he cannot pay compensation nor pay a fine he is to suffer physical punishment at the judgment of the lord and jurats. And if the penalty is death by judgment of the lord and jurats, then the 65 s. is not payable and as forfeiture ( incursus ) the lord is to have what was laid down in the article on forfeiting.
1.
This custom of Saint-Sever has been published in its Gascon and Latin versions in La coutume de Saint-Sever, 1380-1480. Édition et commentaires des textes gascon et latin , ed. M. Maréchal and J. Poumarède (Paris, 1988).
2.
Acccording to the Gascon text of the custom the lord of Lescun , who was in the French party, took Saint-Sever and caused damage to half of this town. During this event, the 'fors and customs' of Saint-Sever would have been destroyed by fire. According to Du Buisson, this event took place in 1360. See Buisson, P. D. du, Historiae monasteri S. Severii, I , (Aire-sur-l'Adour, 1876), p. 268, note b. This lord of Lescun was Fortaner VI de Lescun (d. c. 1367). He was probably not mentioned in the royal confirmation copied there, as his son-in-law and successor Johan de Pommiers, lord of Lescun , was going to be appointed seneschal of the Landes for Richard II (22 février 1381). Johan de Pommiers, younger brother of Guilhem-Sans III de Pommiers , had married in 1355 Margarida de Lescun , eldest daughter and heiress of Fortaner VI. See entry 48 .
3.
This bit on the lingua occitana or Languedoc is present in the Latin text copied in the Gascon Rolls, but is highly distorted and obviously not understood in the Gascon text ( de legue ladonx ) of the custom kept at the Archives Départementales des Landes E 57. It is, according to our knowledge, the only text of the Anglo-Gascon duchy of Aquitaine including it within the Languedoc. See La coutume de Saint-Sever, 1380-1480. Édition et commentaires des textes gascon et latin , ed. M. Maréchal and J. Poumarède (Paris, 1988), p. 31 and pp. 58-9.
4.
On 30 November.
5.
Military service on horseback, particularly in Gascony.
6.
Ronsinus for runcinus , a small strong riding horse, distinct from a palfrey.
7.
A 'neighbour' meant in Gascony a citizen of the town.
8.
This item is divided over two membranes.
9.
The use of injurians here seems to make little sens, and perhaps injuriatus , 'the injured party' was meant here.
10.
This item is divided over two membranes.
11.
There is a small contemporary marginal mark against this entry, perhaps to draw attention to it.
18

8 August 1380 . Westm' Westminster . For the ending of disputes and riots [in Saint-Sever].

Order to the prévôt and jurats of Saint-Sever , the lord of Doazit , the lord of Benquet and the lord of Saint-Maurice to stop the disputes in Saint-Sever on behalf of the king and to summon before them the persons involved in the riots and quarrels, and if those indicted for the death of some men of Saint-Sever wished to purge themselves by oath that they did not commit the crimes for which they have been put on trial, then the commissioners should accept that, and free them on the king's behalf, and acquit them from the trials set up against them, and restore them to their country, goods and good reputation, notwithstanding that these trials were not suspended by an appeal, but had been treated as settled. This is provided that the parties are prepared to be silence forever upon the disputes. And the king grants that all of those of the parties who are prepared to be silent are to be remitted and pardoned of all trespasses, defects and forfeitures incurred by them to the king, the king wishing that the letters of pardon be given separately to each member of the parties on condition of their silence. In the town of Sanctus Siverus Saint-Sever there have been certain quarrels and riots because of the dispute begun between Daurisse Bernat d'Aurice , Cartye Johan de Cartié , Dayres Arnauton d'Aire and Despaigne Johan d'Espagne and others of the same party, and Guilhem-Arnaut de Brocas , Deuvidones Pey de Bidones , Nicolau de Sault , Faur, du Johan Dufau , Tholouse Ramon de Toulouse and Master Pey de Mus , and others adhering to this latter party, who have been sentenced according to the local laws and customs because of the death of some people of this town. 1

By p.s.

1.
For a related entry, see entry 24 .

For the Soudan de La Trau.

19

12 August 1380 . Westm' Westminster .

Grant by the king's special grace to the la Trave Soudan de La Trau , 1 for the service that he has done and will do, and because he has lost in the present war around the value of 6,000 l. each year of the money current in the king's lordship of Aquitaine, both of land of his own inheritance, and of the inheritance of his wife in the king's lordship, just as the Soudan has informed the king, of the lands and possessions which were Bever Galhart Béguey's , a rebel, which have been confiscated by the rebellion, up to the value of 1,500 l. a year of money. To be held from the king and his heirs by the customary service for the life of the Soudan, until the lands of the inheritance of the Soudan and his wife, which were lost, have been recovered.

The king wishes that the lands and possessions be assigned to the Soudan by the king's lieutenant and the constable of Bordeaux up to the value of 1,500 l. a year from those that Beguey had in Bordeaux and its banlieue. If the lands and possessions assigned to the Soudan are restored to Béguey and he is removed, then he is to be provided with other lands to the same value a year in a suitable place within Aquitaine. 2

1.
Arnaut-Bernat IV de Preissac .
2.
The entry is crossed out. A note in the margin states: 'Vacated and returned because the king, on 16 May 1383, granted to the Soudan certain houses, lands, tenements, rents, vineyards and lordships with their appurtenances, which were Johan Colom, kt , and Amaniu Colom, kt , in Bordeaux and in the Bordelais, to be held in a certain form. And therefore these letters are cancelled. For subsequent related grants, see entry 82 and entry in C 61/96 .
20

Same as above

And it is ordered to the king's lieutenant in Aquitaine and the constable of Bordeaux to assign to the Soudan [de La Trau] 1 the lands, tenements and possessions that were Galhart [Béguey] 's in Bordeaux and its banlieue up to the value of 1,500 l. a year. To have and hold them according to the tenor of the king's letters.

21

28 August 1380 . Westm' Westminster . For Thomas de Miton.

Grant to Thomas de Miton, king's clerk , of the office of Burdeg' controller of the castle of Bordeaux , holding the same during pleasure, taking in that office what others have reasonably taken in that office previously.

By p.s.

For a confirmation for Fillongley.

22

28 August 1380 . Westm' Westminster .

Inspeximus of letters patent of Edward [III], late king of England, the king's father, in these words:

16 February 1370 . Westminster . For Richard Fillongley .

Inspeximus by Edward [III], king of England and France , and lord of Ireland , of certain letters of Edward, prince of Aquitaine and Wales in these words:

Appointment by Edward [of Woodstock], prince of Aquitaine and Wales , of Filongley Richard de Fillongley , servant to Sprydlyngton William de Spridlington, auditor of the accounts of the principality of Aquitaine , for his great service to the prince, as general serjeant in Burdegal' Bordeaux and the whole of the Burdegalesium Bordelais and resort of the same; and he grants to the same the offices of all the general serjeants, and of other offices of whatsoever kind of both the towns, baylies and prévôtés, and of castellanies and of assize jurisdictions (' assisiagiorum ') of Bordeaux and the Bordelais and the resort of the same for the term of his life; holding and exercising them in person or by deputies at his own risk, over ecclesiastical, noble and common men alike, taking what others have previously taken for those offices. Order to the seneschal of Aquitaine or his lieutenant to place Fillongley or his proctor in possession, removing anyone previously in those offices, any previous letters of appointment notwithstanding. The king's subjects, both noble and humble are to obey and be intendant on Fillongley or his deputy, and the seneschal is to receive Fillongley's oath which is customary to be made.

12 January 1367 . Burdegal Bordeaux .

Appointment by Edward, prince of Aquitaine and Wales , of Fylongley Richard de Fillongley , servant to Sprydlyngton William de Spridlington, auditor of the accounts of the principality of Aquitaine , to all the serjeanties in the city of Agennum Agen , with resort and assizes, and all the profits and emoluments pertaining to those offices, for term of his life, taking what others have previously had for that office. Order to the seneschal of Agenais to place Fillongley in possession, removing anyone previously in those offices. The king's subjects, both noble and humble are to obey and be intendant on Fillongley or his deputy, and the seneschal is to receive Fillongley's oath which is customary to be made.

The king confirms the grants in as much as he is able by his special grace.

The king approves, ratifies and confirms the letters. 1

By p.s.

1.
For related entries, see entry in C 61/87 , entry in C 61/87 , entry in C 61/88 , entry in C 61/95 , entry in C 61/95 . For the original letters of confirmation by Edward III, see entry in C 61/83 .
23

1 September 1380 .

And it is ordered to the seneschal of Aquitaine and the constable of Bordeaux, to cause Richard [de Fillongley] , and his attorneys, proctors and deputies, to have all and singular the profits and emoluments pertaining to the office, freely and without any impediment, and be intendant and aid him and them in the levying of the same when requested.

For a pardon.

24

28 August 1380 . Westm' Westminster .

Pardon to Saut Nicolau de Sault of all manner of penalties, trespasses, defects and forfeitures incurred by him concerning disputes in Saint-Sever concerning the death of Daubanhan Johan d'Aubagnan , he being one of the party of Galharda , his widow, and he is restored the his country, goods and good reputation, as if he was not part of any of the dispute, provided that he purges himself by oath if he is accused of either of the two deaths during the dispute, and that he binds himself to remain silent in this matter in the future. In the dispute, on the behalf of the party of Galharda, the king has had a request that though by a legal case begun against them by the king's lieutenant and judges of Aquitaine , because they had not appeared in court on the days appointed for them, and since they are supporters of Galharda, and have incurred certain penalties towards the king, even though they had not been accused of the deaths, they can have letters of pardon.

In the town of Sanctus Siverus Saint-Sever there have been certain quarrels and riots because of the dispute begun between Daurisse Bernat d'Aurice , Johan de Cartié , Dayres Arnaut d'Aire and Despaigne Johan d'Espagne who have been accused of the death of Johan d'Aubagnan, and others of the same party, and Guilhem-Arnaut de Brocas , Deuvidones Pey de Bidones , Nicolau de Sault , Faur, du Johan Dufau , Tholouse Ramon de Toulouse and Master Pey de Mus , and others adhering to the part of Galharda, widow of the same Daubanhan Johan d'Aubagnan , and of the death of one of the accused. And for the two deaths some people of the town were put on trial, and the king concerned by this, took the matter into his hands to put an end to it, and by his letters patent under the great seal committed the matter to the prévôt and jurats of the town , and certain other people there to summon certain people, and if those indicted for the death wished to purge themselves by oath that they did not commit the crimes for which they have been put on trial, then the commissioners should accept that, and free them on the king's behalf, and acquit them from the trials set up against them, and restore them to their country, goods and good reputation, notwithstanding that these trials were not suspended by an appeal, but had been treated as settled. This was provided that the parties were prepared to be silence forever upon the disputes, and things dependent on them. And the king granted that all of those of the parties who were prepared to be silent were to be remitted and pardoned of all trespasses, defects and forfeitures incurred by them to the king, the king wishing that the letters of pardon be given separately to each member of the parties on condition of their silence. 1

By p.s.

The following have similar letters of pardon:

1.
For a related entry, see entry 18 .
2.
The entry is followed by a space on the membrane containing three additional empty sets of entry marks.
25

16 September 1380 . Westm' Westminster . For a confirmation.

Confirmation of letters patent of Edward [I] , king of England, son of King Henry [III] Henry [III] , progenitor of the king, by inspection of the rolls of chancery, in these words:

12 June 1289 . Cundat Condat .

Grant by Edward [I], king of England, lord of Ireland, and duke of Aquitaine, to the dean and chapter of Sanctus Severinus Saint-Seurin , that all the wine of the dean, each canon, the prebendaries, chaplains, and clerks, and also one lay porter ( janitor ), servants of the church, residing in Bordeaux, or in the borough of Saint-Seurin , of Bordeaux, coming from their vineyards, and otherwise, in whatever manner it was acquired, situated in the diocese of Bordeaux, should be free and quit of the custom of Bordeaux, and consequently from the issac ( Yssacum ) as is usual in similar situations as long as the vineyards remain theirs. But after they demise the vineyards on death, or by any other means, and they are transferred into the hands of other people of dissimilar rank they will lose this concession. And the dean, each canon, prebends, chaplains and clerks who have as tenants clerks and chaplains as well as those clerks and chaplains who wish to avail themselves of this concession are to swear before the constable of Bordeaux that they live there without giving or receiving rent to avoid any scheming to our prejudice. And if anyone is properly convicted of defrauding the king of his rights in this duty by decision of the constable or the seneschal of Aquitaine, he is to emend the concession according to the importance of the crime, and if he refuses he is to deprived of the concession. However, the king still wishes that the dean and chapter have immunity from the duty on their wines coming from their goods and the revenues of the church, but if it acquires something which is a fee, or held in tenure from an intermediate lord, which it may only do with the king's blessing it is obliged to pay the duty on the wines coming from the acquisition unless the king has given his blessing to the acquisition.

Ramon [de Laferrère], dean [of Saint-Seurin] , and the chapter of Saint-Seurin in Bordeaux, have explained to the king that the dean, individual canons, prebendaries, chaplains and clerks, servants of the church, are free of the king's great custom in Bordeaux as far as all of the wines from all their properties and any others both from endowed vineyards and any others they had in their name and had acquired. However, the king's people have impeded them in the freedom of the custom, and have asserted that the dean, individual canons, prebendaries, chaplains and clerks should not have this freedom lawfully, though the men have permitted their enjoyment of the freedom as far as it pertains to the wine that they have from the rents and obventions of the church. The dean, individual canons, prebendaries, chaplains and clerks, have requested that the king remove this impediment, and the king wishes to show them favour. 1

The confirmation is made of the privileges, just as the letters of Edward I attest, and just as the deans and canons, and other ministers of the church, and their redecessors, used and enjoyed those privileges and customs.

For 30 s. paid into the hanaper.

1.
For the original enrolment, see RG II, no. 1074.

For the appointment of notaries of the king in Aquitaine.

26

24 October 1380 . Westm' Westminster .

Appointment of Gaucem Miqueu, clerk , as a notary public in all of the lordship of Aquitaine, he being considered sufficient to exercise the office. The king gives him authority to produce protocols, instruments, charters, letters, acts, and processes of law, being written by him or by others in a public form. The king orders that he swear an oath to exercise the office well and faithfully, before Loryng William Loring, constable of Bordeaux . The king has done this to stop the memory of contracts from perishing. 1

By C.

1.
For a later appointment of the same individual to the same office, see entry in C 61/97 .
27

Same as above

In the same manner Campis, de Pey des Camps, clerk , notary , is appointed to the office of notary in all the king's lordship of Aquitaine, exercising the office in the aforesaid form.

By C.

28

21 January 1381 . Westm' Westminster . For protection.

Letters of protection, with clause volumus , for one year, for Stephen Porter of Sanctus Albanus St Albans , who is staying in Aquitaine, in the king's service, in the company of Nevill' John de Neville, lieutenant of the king there .

By bill of p.s.

29

16 September 1380 . Westm' Westminster . For the chapter and canons of the church of Bordeaux.

Confirmation of letters patent of Edward [III], late king of England, the king's grandfather, for the chapter and canons of the church of Bordeaux, by inspection of the rolls of chancery, in these words:

11 September 1357 . Westm' Westminster .

Inspeximus by Edward [III], king of England and France , and lord of Ireland, of letters of Edward [of Woodstock], prince of Wales, in these words:

27 March 1357 . Burdeg' Bordeaux .

Grant by Edward [of Woodstock], eldest son of the king, prince of Wales , duke of Cornwall and earl of Chester, having been certified of the privileges on the custom paid on the wine of the chapter and canons of the church of Bordeaux , by certain letters patent under seals of the prince's progenitors, and in redemption of the prince's sins, and those of his forbears, to the chapter and canons, of the privilege that their wines should be free of the payment of the custom, and also including the tithes or other rents if they are assessed on the wine, or if it is let to lay people. Any disturbance in the same by the constable of Bordeaux is to cease. The constable is ordered that if he has received from the chapter and canons any such money for this reason, then it is to be repayed without delay. He is to keep a copy of this order under the seal of the court of Gascony for warrant.

The king has received a petition on behalf of the chapter and canons of Bordeaux stating that though they and their predecessors, for themselves and their farmers, were granted by former kings of England, and the prince's progenitors, from time out of memory, that their wine grown on their vineyards, or lands, or the rents or tithes coming from them, and afterwards sold to merchants, was free and quit from payment of the custom in the castle of Bordeaux each year. However, the present constable of Bordeaux, for the king's progenitors, has levied the custom on their wine, and upset them, their proctors and assessors of tithes, and has expressly refused to accept their privilege, because of which they have requested a remedy for these impediments, and an assurance that they will not be levied in the future.

The king accepts, approves, ratifies and confirms the same. 1

The king grants and confirms the letters patent of his grandfather.

For 30 s. paid into the hanaper.

1.
For the original inspeximus of Edward III, see C 61/69, m.14
30

24 September 1380 . Westm' Westminster . For general attorney.

Letters of general attorney in England, for one year, for Philip Derneford, vintner of London , who is going to Gascony in the king's service, by the king's licence, nominating John Eve and John Ivell , alternately.

1
1.
Robert de Muskham, clerk , received the attorneys.
31

28 September 1380 . Westm' Westminster . For a conduct for the Soudan de La Trau.

To all admirals, etc.

Letters of protection and safe-conduct until the 2 February 1381, granted to the Soudan de La Trau , 1 of the lordship of Aquitaine, his men, servants, horses, equipment, goods and property, while residing in England, and in whatever other parts of the king's realm he wished to go to, and returning to Aquitaine, for the king, wishing to show him favour for his great and laudable service that he has done Edward [III] , late king of England, the king's grandfather, and to Edward [of Woodstock] , late prince of Wales, the king's father, and to the king, and which he continues to do, and because the king has requested and ordered the Soudan to come to England for certain reasons, and he does not wish him to be the victim of violence, arrest, attachment, distraint or imprisonment.

Since the king does not wish the Soudan to be the victim of such arrests or trouble on account of unpaid debts or contracts, or to be distrained in his horses, equipment, goods or property, he orders that that Soudan be permitted to reside where it pleases him in England, and that no injury, harm, damage, violence, arrest, attachment, imprisonment, distraint, impediment or trouble be permitted to be done to him, his men, servants, horses, equipment, goods and property. If anything has been forfeited by them, then it is to be put right without delay.

By C.

32

24 October 1380 . Westm' Westminster . For protection.

To the lieutenants, justices, officers and ministers of the king in the lordship or duchy of Aquitaine.

Letters of protection and safe-conduct for life, for the Sanctus Severus abbot of Saint-Sever , 1 and the monks of the abbey , and their servants and members of their household, together with their houses, granges, possessions, property and goods, the king having received them into his protection and safe-keeping, since it is a king's responsibility to protect his subjects. It is ordered that they be protected and maintained from injuries, violence, damage, oppressions and undue novelties, and that they be defended in their just possessions. The protection is to be publicly proclaimed, with prohibitions to their enemies, and their houses, goods, property and possessions are to have the king's pennon placed on them as a sign of the protection so that ignorance cannot be used as an excuse.

By C.

1.
Bernat de Monein , abbot of Saint-Sever from 1358 to his death in 1388. See the list of abbots of Saint-Sever in Chartes et documents hagiographiques de l'abbaye de Saint-Sever (Landes) (988-1359) , éd. G. Pon et J. Cabanot, II (Dax, 2010), p. 741.
33

23 June 1380 . Westm' Westminster . For protection.

Letters of general attorney in England, for one year, for Nevyll' John de Neville of Raby , lieutenant of the king in Aquitaine , nominating Lescrop' Richard le Scrope, kt , and Roger de Fulthorpe, kt , alternately.

Middelton' Thomas de Middleton received the attorneys at the request of the same John.

34

26 June 1380 . Westm' Westminster . For protection.

Letters of general attorney in England, for one year, for Nevill' John de Neville of Raby , lieutenant of the king in Aquitaine , nominating John Fairfax, clerk .

The same Thomas [de Middleton] received the attorney.

35

22 November 1380 . Norhampton' Northampton . For the bishop of Dax in Aquitaine.

Order to the Aquen' mayor and prévôt of Dax , and the lords of Poyloaut and Sanctus Paulus Saint-Paul , or two of them, that if Margarida , widow of Gassie, Ausserano lord of Osserain , or other occupiers of the Sanctus Pantalio, de castle of Saint-Pandelon near the city of Dax , refuse to restore it to Juan [Gutiérrez], bishop of Dax , 1 after being legitimately requested to do so, then, if they can find that the castle justly pertains to the bishop by right of the Church and of his office according to the fors, laws and customs there, they are to compel Margarida and the other occupiers of the castle to restore it to the bishop or his officers or ministers by all ways and means that they consider appropriate.

Lately the bishop has complained that the lord of Osserain, now deceased, had detained that castle by force, against the bishop's will and the orders of the king's lieutenant. The king ordered him, by his letters, to restore the castle to the bishop, but he refused. The bishop has now complained that the lord during his life, and Margarida his wife after his death still refuse to return the castle to the bishop or his officers there contrary to the king's orders, in contempt of the king, and to the manifest prejudice and injury of the bishop. 2

1.
The castle of Saint-Pandelon was the main possession of the bishops of Dax outside the city of Dax.
2.
For the earlier order, see entry in C 61/93 .
36

28 June 1380 . Westm' Westminster . For Galhart [de] Durfort, lord of Duras.

Inspeximus of letters patent under the royal seal of his office, of John, Nevill' lord Neville , king's lieutenant in Aquitaine , in these words:

4 March 1379 . The Bourdeaux castle of Bordeaux .

Grant by John, lord Neville, lieutenant of the king in Aquitaine, to Durffort Galhart [II] de Durfort, lord of Duras , for his good service to the late king, and to the king, and in consideration that he has lost the place and castle of Duras , 1 and the greater part of his other lands, rents and revenues which he has in the duchy of Aquitaine, of the Baionne prévôté of Bayonne , with all the profits, fees, dues, rents, revenues and other emoluments, provided he makes liege homage to the king, and the other rights and dues that ought to be done. Order to all the inhabitants of the prévôté of whatever estate or condition that they obey and be intendant on the lord of Duras or his sufficient lieutenant, and they make their customary oaths to him, and receive the same from him. It is further ordered to the seneschals, judges, mayors, prévôs and all other justices, officers and ministers of the king, and their lieutenants that they suffer the lord of Duras to use and enjoy the profits, fees, dues, rents, revenues and other emoluments, according to the tenor of the lord Neville's letters. The lieutenant makes it known that this grant is made in discharge of 1,000 l. which the king has given the lord of Duras from the revenues of the castle of Bordeaux.

The king confirms this grant, the lord of Duras holding the office with its profits, fees, dues, rents, revenues and other emoluments, for the term of his life, or until the king provides him with somewhere else of an equivalent value to the prévôté elsewhere in the lordship of Aquitaine for the term of his life, this being for his good service and in compensation for his losses, and in full satisfaction of the 200 l. annuity the king previously granted to the lord of Duras. The king has made this confirmation because the lord of Duras has returned into chancery to be cancelled the king's letters of 18th April 1378, by which the king granted to the lord, for his service and losses, an annuity of 200 l.st. or the equivalent sum in other money, to be taken each year at Michaelmas and Easter by equal portions from the constable of Bordeaux from the issues of his receipts, until the lord of Duras should recover his lands, or the king makes other provision for him. 2

By p.s.

1.
Duras had been besieged by the duke of Anjou, brother of the king of France Charles V, and his lieutenant in Languedoc and Guyenne (or Aquitaine), in order to take revenge on Galhart II de Durfort who returned to the English party just after having been forced to join the French party following his capture at the battle of Eymet (1 September 1377). The town of Duras had been besieged on 9 and 10 October 1377 and had been either taken by assault with civil casualties or surrendered by its inhabitants. The castle of Duras has been besieged by the French army between the 11 October and 31 October or 1 November 1377. Its garrison surrendered and there was a plan to raze it to the ground until at least 1388-9.
2.
For the original grant of 1378, see entry in C 61/91 . Printed in Rymer, Foedera , vol. 4, p.93.

For the commitment of the office of prévôt of the king's castle of the Ombrière of Bordeaux.

37

6 January 1381 . Westm' Westminster . 1

Grant to Thomas Halweton, esquire , of the office of Umbrarie castri nostri de Burdeux prévôt of the king's castle of the Ombrière of Bordeaux , holding the same with all the profits and property pertaining to it, for the term of ten years. Rendering to the king at his exchequer at the customary terms by equal portions, as much every year as any other will render for that term from year to year within that term, when that office was demised at farm; provided that Halweton finds sufficient security before the constable of Bordeaux for the payment of the same as above, and that he will carry that office out duly and faithfully.

By p.s.

1.
A note in the margin states ' extractus '.
38

Same as above

And it is ordered to the constable of Bordeaux to take sufficient security from Thomas [Halweton] in the form beforesaid, and deliver possession of the office of prévôt to be held according to the tenor of the king's letters.

By p.s.

For Bernat de Laur.

39

8 January 1381 . Westm' Westminster .

Grant by the king's special grace to Bernat de Laur, esquire , for the good service that he has done to the king's grandfather and father, and because, on account of the war, he has lost the place of Macamp' Mancamp in the Landarum seneschalcy of the Landes to the French, which place is part of his inheritance, of the three offices of serjeant in the castellany of Mauléon , called la Barhoe la Barhoue , Darbalhe Arbailles and Soule Souveranir Haute-Soule . He is to hold the same personally, or by a deputy from whom he is prepared to answer, for his life, provided he conducts himself well towards the king, and his subjects of the castellany.

By p.s.

40

Same as above

And it is ordered to the king's lieutenant, or the seneschal of Aquitaine, or the castellan of the castellany of Mauléon , and their lieutenants, to admit Bernat [de Laur] to these offices, and put him or his deputies in possession of the same.

By p.s.

41

24 January 1381 . The in palacio nostro Westm' palace of Westminster . For Nicholas Taylor and others.

Request under the great seal, to the count of Foix 1 that since the king has diligently obtained information that Taillour Nicholas Taylor, citizen of Nova Sar' Salisbury , and Manfeld' Gilbert Mansfield and John Chillye , citizens of London, gave money to Aungevyn Estèbe Angevin, citizen and Baionne merchant of Bayonne , to trade with on their behalf, and requests that the goods bought with the money be restored to them, up until the sum that they gave Angevin, or if those goods nolonger exist, then the value in money. Taylor and the others have complained that they gave money to Angevin, namely 670 gold Francs from Taylor, by the hands of Robert Moys , his servant, at Bayonne on 12 March last, and 123 l.st. 6 s. 8 d. from Gilbert and John at London on 10 January last, to buy and sell wine on their behalf, to their benefit. Even though Angevin, as merchants did, went into the territory of the count, peacefully, the count, because of disputes between him and the city of Bayonne, and suspecting theat the money and wine was Angevin's, or those of the count's enemies, arrest him and them, and still keep them under arrest, to the great damage of Taylor and the others. Taylor and the others, who have asserted that they have done nothing against the count or any of his people, have request a remedy.

In duplicate

For John de Holland.

42

Grant by the king's special grace to Holand John Holland , his brother, of the land and the baylie or office of bayle of Marransyn Marensin with its appurtenances in the lordship of Aquitaine. Holding the same with all the profits and commodities pertaining to it in aid of his sustenance during pleasure, rendering nothing to the king. 1

By p.s.

1.
For a related entry, see entry in C 61/95 . For a duplicate of this grant erroneously entered on the following roll, see entry in C 61/95 .
43

Same as above

And it is ordered to the seneschal or the king's lieutenant of Aquitaine to deliver to John [Holland] , or his proctors or attorneys, the baylie or office of bayle [of Marensin ] together with all profits and commodities pertaining to it, and put him in full and peaceful possession, according to the tenor of the king's letters.

By the same writ.

For the men of the town of Sorde.

44

26 February 1381 . Westm' Westminster .

Grant by the king's special grace to the king's faithful inhabitants in the town of Sanctus Johannes de Sordes Saint-Jean-de-Sorde that they or their deputies are able to levy from each load ( summagium ) 1 of merchandise passing throught the town 4 d.st. Guyenne, or the equivalent value in black money ( in nigra moneta ) current there, from the following Easter for the term of five years, for the repair and fortification of the walls of the town, and for no other use. They or their deputies are to render an account of the sums raised and the expenditure of the same to be audited by the king's lieutenant , seneschal of Aquitaine or the constable of Bordeaux, assigned on the king's behalf to do this.

By p.s.

1.
The Dictionary of Medieval Latin from British Sources , Fasc. XVI, Sol-Syr, p.3289, suggests that summagium might be a horse-load, rather than just a load.
45

Same as above

And it is ordered to the seneschal of the Landarum Landes , or his lieutenant there, to permit the inhabitants [of Sorde], or their deputies, to levy the 4 d.st. from the following Easter for the term of five years without any impediment, according to the tenor of the king's letters.

By p.s.

46

12 February 1381 . Westm' Westminster . For proceeding in the case of the appeal of Bertran d'Aretz.

Order to Goteree Juan Gutiérrez, Aquen' bishop of Dax , Forn', de Pey Dufour, late Aquen' mayor of Dax , and Maisonawe Johan Maisonnave, burgess and late Aquen' jurat of Dax , that since the king, by his previous letters, committed the case of Daretz Bertran d'Aretz, Baion' citizen of Bayonne to them, and considered them fit to proceed with it, because of their loyalty and industry, and because the king wishes to respond to Aretz's complaint positively, that they are to proceed with Aretz's appeal with all speed, according to the laws, fors and customs of the city, and come to a final determination of it, doing full justice, notwithstanding any exceptions made by Villa, de Bernat de Bielle and Ramon de Malcaide , citizens of Bayonne, or either of them, or their appeals. The king promises to ratify whatever they do in this matter.

Aretz, by his petition exhibited before the king and his council has alleged that since the abbots of Saint-Sever 1 and Bernetus Bournet 2 and Master Podio Ramon-Guilhem de Puy , who asserted that they were judges in the superior court of Aquitaine, acting for the king in an appeal case between Bielle and Malcaide, plaintiffs, and Aretz, defendant, gave a judgement on behalf of Bielle against Aretz which was wrong and unjust, and which was made after a hearing of the appellate judges of Gascony to the said superior court of Aquitaine, even though Aretz had been given, quite lawfully, two definitive judgments, the first and main one before the mayor of Baione Bayonne or his court, and the other before the judge appellate of the court of Gascony . Therefore Natalis Guilhem Nadau , Aretz’s proctor in the foregoing, realising that he and Bertran would be very much damaged by the judgment of the abbots and Ramon-Guilhem, appealed in writing to the king in England for remedy within the legal time limits.

The king, wishing to agree to that petition, and for full justice to be swiftly done, committed the matter to Gutiérrez, Dufour and Maisonnave, to inquire into the causes of the appeals, and the original business, and to come to a decision on the same, and all matters touching them, and do full justice to the parties, according to the laws, fors and customs of the city of Bayonne. However, Gutiérrez, Dufour and Maisonnave have not proceeded in the same because of certain invalid exceptions, namely that Gutiérrez was absent, and Dufour and Maisonnave were no longer in office, and because of certain appeals made by Bielle and Malcaide. 3

It was patent.

1.
Bernat de Monein , abbot of Saint-Sever (1358-1388).
2.
Bernat Salamon.
3.
For a related entries concerning appeals by both parties, over several years, see entry in C 61/93 , entry in C 61/95 , entry in C 61/96 , entry in C 61/97 and entry in C 61/98 .
47

18 February 1381 . The in palacio regis Westm' palace of Westminster . For resisting the king's enemies in the land of Labourd.

Order to Lop de Saint-Julien, lord of Saut Sault , and the lords of Durtybye Urtubie , Lehet , Despelete Espelette , Garron Garro , Paganduru Pagandurua , Hattisse Haitze , Sorohete Sorhoeta , Hirigoyen , and all and singular nobles and common people of the land of Lybourt Labourd to prevent the king's enemies from Castile from entering his land and committing any damage or harm to any of the king's subjects of Baion' Bayonne and the adjacent land, in as much as they are able, and to labour diligently to resist those enemies with all their strength. The king grants to them, and each of them that they are able to call before them the king's loyal subjects there and proclaim the king's orders so that ignorance cannot be used as an excuse. The king has been given to understand that the king's enemies, the men of Castelle Castile have been permitted to damage and trouble the loyal men [of Bayonne] and its adjacent land, and enter and cross his land daily, about which he is very displeased, and he makes this order under the pain of forfeiture of all that the lords and others can forfeit. 1

By C.

1.
Printed in Rymer, Foedera , vol. 4, p.107.
48

18 February 1381 . Westm' Westminster . For Francesc Mercader and others.

Order to the king's lieutenant in Aquitaine , and the mayor of Burdeg' Bordeaux , or either of them, to examine the orders made by certain of the king's officers of Burdeg' Bordeaux concerning the wheat of Francesc Mercader , Mateu Carrer and Ferrarii Arnau Ferrer , merchants of Barchinona Barcelona , in the kingdom of Aragon , seized by certain of the king's subjects of Bordeaux, summon before them those merchants or their proctors, and Galhart Hélias and others of the king's subjects of Bordeaux whom they consider ought to be summoned according to the complaint of the merchants or their proctors. They are to hear the arguments of the parties, and cause speedy payment to be made to the merchants or their proctors of whatever sums of money they are able to show by legitimate documentation is owed to them by Galhart from the wheat together with their damages and expenses in recovering the same, putting aside all subterfuge, acting according to the laws, fors and customs of Bordeaux, so that the merchants have no further reason to complain and the king take further action.

The king has received a complaint from the merchants by their petition stating that they, because there was a scarcity of grain in Aragon, loaded a ship of Flanders with wheat in the port of Lescluse Sluis , and it sailed home to Barcelona. On the voyage certain of the king's subjects of Bordeaux took the ship with the wheat, and contrary to the merchant's will took them to Bordeaux without paying them for the wheat. The king's officers there ordered that the money received for the wheat should be paid to the merchants, but they were able to take very little, and a great part remains unpaid in the hands of Galhart and several others of the city to the great damage and harm of the merchants who request a remedy and the king agrees to this.

By C. It was patent.

49

28 February 1381 . Westm' Westminster . For the appointment of the seneschal of the Landes.

Appointment of Pomers Johan de Pommiers, lord of Lescuyn Lescun , as seneschal of the Landes during pleasure, taking the customary fee.

By p.s.

For the same seneschal.

50

22 February 1381 . Westm' Westminster .

Ordinance, with the assent of the council, that Pomers Johan de Pommiers, lord of Lescuyn Lescun , whom the king has appointed as seneschal of the Landes during pleasure during the war there, because he has to ride from place to place with a strong force by reason of his office for the governance and defence there, that while he holds the office he can retain 20 men-at-arms at the king's wages customary there, from time to time when he considers it appropriate. The king wishes that the constable of Bordeaux periodically accounts with Pommiers for the wages owed to him for the men, and should make allowance and payment to him from the profits of those part that pertain to the king, or from other of the king's revenues in Aquitaine. The constable is to have due allowance in his account by letters of acquitance from Pommiers, and by the testimony of the controller .

By p.s.

51

Same as above

And it is ordered to the constable of Bordeaux to account periodically with Johan [de Pommiers] for the money owed to him for the wages for the men, and to make allowance and payment to him from the profits from the Landes that pertain to the king, or from other of the king's revenues in Aquitaine received by the constable. He is to receive letters of acquitance form Pommiers attesting to each payment, and the testimony of the controller by which the constable will have due allowance in his account.

52

26 February 1381 . Westm' Westminster . For being intendant on the seneschal of the Landes.

To all seneschals, captains, castellans, keepers of towns, castles, fortalices, the mayor, jurats, hundred peers, citizens, burgesses and communities of the city of Baion' Bayonne , and the seneschalcy of the Landes, and all other loyal subjects of the king in the duchy.

Order that they are to obey, answer and faithfully be intendant on Pomers Johan de Pommiers, lord of Lescuyn Lescun , whom the king has appointed as seneschal of the Landes during pleasure, according to the tenor of the king's letters, swearing the customary oath to the seneschal when he requests them to do so, and they shall receive the customary oath of the seneschal.

By p.s.

53

21 May 1381 . Westm' Westminster . For Aymeric de Bourg, kt.

To the king's lieutenant and seneschal of Aquitaine, and the constable of Bordeaux, and their deputies and lieutenants, and also all officers, bayles and ministers of the king and his other faithful subjects there.

Notification that the king has received the liege homage of Aymeric de Bourg, kt of Aquitaine, for the house ( hospitium ), lands and revenues of the Temple of Planquetorte , 1 on that present day, and also for his men, lands, rents and revenues, assizes in the parish of Sanctus Bibianus Saint-Vivien , which he claims to hold from the king, excepting the land of Maubrak being in the same parish. It is ordered that Bourg is not to be distrained for his homage.

By p.s.

1.
The remains of the chapel of Planquetorte, which was a possession of the preceptory of Arcins held by the order of the knights Templar, and subsequently by the order of the knights of Saint John of Jerusalem following the dissolution of the Templars, were destroyed in 1889.
54

28 February 1381 . Westm' Westminster . For Lop, lord of Saint-Julien.

Resumption into the king's hands, by the advice of his council, and considering the disputes and damage that have already resulted and wishing for peace for his subjects, of the Labourt baylie of Labourd , with all its jurisdiction, appurtenances and profits. The king wishes that the constable of Bordeaux, or his lieutenant, or the receiver of the Landes , let the baylie at farm to a sufficient person to govern the same in the king's name. The farm is to be paid annually to Lop, lord of Sanctus Juilianus Saint-Julien and Saut Sault , during his life, and after his death to Johan , son and heir of Lop, if he survives him, for his life, at the customary terms there. The constable or his lieutenant, or the receiver, are to take from those farming the office sufficient security to pay the farm to Lop and his son, and the farmers are to be discharged for this by letters of acquittance from Lop and his son.

Edward [III] , late king of England, the king's grandfather, granted by his letters patent of 12 April 1351 to Lop, for his good service, the baylie of Labourd, for his life, rendering nothing to the king's grandfather or his heirs. The king confirmed the grant by his letters patent of 21 July 1377, and wishing to enhance it further, granted to Lop that Johan, his son and heir, for his good service, if he should survive his father, could have the the baylie for his life. Subsequently the king's subjects and inhabitants in the baylie requested that the baylie be resumed into the king's hands and governed from there, notwithstanding the grant and confirmation, because the baylie had anciently been annexed to the crown of England, and should not be separated from it. And also, on behalf of Lop, it has been stated that there have been daily disputes with the inhabitants, and requesting that, so that the intention of the grant of the king's grandfather, and the king's confirmation be achieved, and so that the inhabitants have no reason to complain, it be granted that the baylie can be let at farm by the constable of Bordeaux or his lieutenant, or the receiver of the Landes, to the person offering the most, and that the farm be rendered to Lop for his life, and after his death, to Johan his son, by the farmer or farmers. 1

By p.s.

55

1 March 1381 . Westm' Westminster . For a confirmation for John Moulton, esquire.

Inspeximus of certain letters patent of John, lord Neville, lieutenant of the king, under his royal seal of office, to John Moulton, an English esquire , in these words:

11 March 1379 . Bourdeaux Bordeaux .

Grant by John, Navill' lord Neville , lieutenant of the king in Aquitaine , to John Moulton , an English esquire, for his good service to the king, for his life, of one quarter of wheat and rye, to be taken by him, or another for him, each week from the Saint Esperit Saint-Esprit of Baionne Bayonne in the same manner that Tartris Guiraut de Tartas, late lord of Depuyane Poyanne , or others in his name had it, provided that Moulton does liege homage, and the other customary dues. It is ordered to the seneschal of the Landes , and to Johan de Vignerte, royal serjeant , and all other royal serjeants, to put Moulton, or his proctor or attorney, in possession of the quarter of wheat and rye, and to suffer him to use and enjoy the same according to the tenor of the letters patent.

Inspeximus of certain other letters patent of the same lieutenant under his royal seal to John Moulton in these words:

16 March 1379 . Burdeaux Bordeaux .

Grant by John, lord Neville, lieutenant of the king in Aquitaine, to John Moulton , an English esquire, for his good service to the late king and prince, and to the king, of all that mill in the parish of Lit in the Marenssin baylie of Marensin , which pertains to the king, and to exploit the same with all the profits, revenues and other emoluments, for his life, provided that Moulton does liege homage, and the other customary dues. It is ordered to the Marenssin bayle of Marensin , or his lieutenant, and to Vinherte Johan de Vignerte, royal serjeant , and all other royal serjeants, to put Moulton, or his proctor or attorney, in possession of the mill, and to suffer him to use and enjoy the same according to the tenor of the letters patent.

The king approves and confirms these grants. Moreover considering how the same lieutenant, on 14 June 1379, by his letters patent, granted to the same John Moulton, for his good service to the king's progenitors and daily continues to do, for his life, of the Sanctus Severus prévôté of Saint-Sever , with the baylies of Tholousete Toulouzette , Sanctus Mauricius Saint-Maurice , and Sanctus Gyn' Saint-Gein , which are in the prévôté, with the exercise of high and low justice, complete and shared jurisdiction, and with rights, dues, profits and emoluments pertaining to the prévôté and baylies, provided he does liege homage to the king or his lieutenant there, the king grants the same to Moulton as above, without rendering anything to the king, provided that he resides in the governance of the same office in person, unless he is absent elsewhere in Aquitaine in the king's service, or that of his heirs, as long as he leaves a sufficient lieutenant in his place. 1

By p.s.

1.
For a related entry, see entry in C 61/95 .

For pardons.

56

15 May 1381 . Westm' Westminster .

To all the king's bailiffs, ministers and faithful subjects in Aquitaine.

Pardon, by the king's special grace, granted to Aymeric de Bourg, kt , of Aquitaine, of suit of the king's peace, and whatever he has incurred towards for the king for the death of Gombaudus, Rostaing Gombaut Roustaing for which he has been charged or appealed, and of his banishment if any has been promulgated against him. The king grants his his firm peace, and restores him to his country, goods and reputation, saving the rights of the party to prosecute him through the civil law. 1

By p.s.

The following have similar letters of pardon for the death of the same Gombaut [Roustaing] undetr the same date:

56.1

Same as above

56.2

Same as above

56.3

Same as above

By the same writ. 5

1.
For a related entry giving more details about the alleged crime, see entry 64 .
2.
For a related entry giving more details about the alleged crime, see entry 64 .
3.
For a related entry giving more details about the alleged crime, see entry 64 .
4.
For a related entry giving more details about the alleged crime, see entry 64 .
5.
This clause applies to this and the preceding three entries.
57

Same as above

To the king's lieutenant and seneschal of Aquitaine, and the constable of Bordeaux, and each of them, their deputies or lieutenants, and all officers, bayles and ministers of the king, and other faithful subjects in Aquitaine.

And it is ordered that if Aymeric [de Bourg] and Aymeric [his son] find sufficient security that they will conduct themselves well towards the king and his people according to the fors and customs there, then the king's letters of pardon should be publicly proclaimed there, and they should not be troubled or harmed in any way. 1

By p.s.

1.
For a related entry giving more details about the alleged crime, see entry 64 .
58

28 April 1381 . 1 Westm' Westminster . For a protection for Johan du Bergey.

To all lords, magnates and nobles, both clerical and lay in Aquitaine, and whatsoever officers and ministers as well subjects of the king of the same duchy.

Letters of protection for two years, granted to Vergier Johan du Bergey, Sanctus Severinus dean of Saint-Seurin , and Sanctus Andreus canon of the church of Saint-André Burdeg' of Bordeaux , 2 his benefices, rents and possessions, and his household and servants, both clerical and lay, as the king, wishing to show him favour, has received him into his protection and safe-keeping. He is to be maintained, protected and defended. If anything etc.

By C. at the request of the bishop of Dax . 3

1.
The date given is clearly a clerical mistake for it actually states '38 April'. The 28th seems the most likely date.
2.
On him see Lainé, F., Fasti Ecclesiae Gallicanae , 13, Diocese of Bordeaux (Turnhout, 2012), p.360-1, no.449.
3.
Juan Gutiérrez .
59

9 May 1381 . Westm' Westminster . For general attorney.

Letters of general attorney in England, for one year, for Juan [Gutiérrez], Aquen' bishop of Dax , who is going to Aquitaine by the king's licence, nominating William de Bugbrigg' , Herforden' canon of Hereford and Master Quilhaco Johan de Quillac, bachelor of canon law , 1 alternately.

Faryngton' Robert de Farrington, clerk , received the attorneys until the bishop's coming to England.

1.
Johan de Quillac ( Johannes de Quilhaco ) was a Gascon ecclesiastic who had been chaplain at Ludon-Médoc, then at the church Sainte-Colombe of Bordeaux. He was canon of Dax until 1399 when he was removed from this office.
60

2 March 1381 . Westm' Westminster . For general attorney.

Order to the Aquen' mayor and prévôt of Dax , and the king's serjeant there, on the king's behalf to put Ricart Merlin in possession of the lands of Terces Tercis and Mées , lying in the seneschalcy of the Landes, and which were Pey d'Albret, a rebel of the king's, with all the profits, rents and dues that pertain to them, and remove any illegal detainers of the same. The king granted these lands to Merlin, by his letters patent, for Merlin's good service to the king, and because he has lost in the war the land of Burgoille Bourgueuil which is valued at 40 l. a year of money current in Aquitaine, which land was granted to him by the king's father for his life. 1

By p.s.

1.
For the annulled letters granting this land, see entry 64 . For an appeal against Merlin's grant, see entry in C 61/96 .

For Aubrey de Vere.

61

28 February 1381 . Westm' Westminster . 1

Grant, by the king's special grace, to Veer Aubrey de Vere, the king's chamberlain , for his good service, of the lands, revenues, rents, houses and possessions which were the lord of Albret 's, 2 a rebel of the king's, in the city of Burdeg' Bordeaux , and in the baylie of the same, and also in Medok Médoc , and which by that lord's rebellion, and by the death of Bonde Nicholas Bond, kt , who had been granted the same for his life by the king's father, have come into the king's hands. To be held for life from the king in the same manner that Bond had it from the king's father.

By p.s.

1.
A note in the margin against this and the following entry states ' extractus '.
2.
Arnaut-Amaniu .
62

Same as above

And it is ordered to the king's lieutenant in Aquitaine and the seneschal of Gascony, the constable of Bordeaux and the mayor of Bordeaux , or any of them, or their lieutenants to put Aubrey [de Vere] in possession of the lands, revenues, rents, houses and possessions, with their appurtenances, holding the same in accordance with the king's letters.

By the same writ.

63

5 March 1381 . Westm' Westminster . For Arnaut Brocas. 1

Grant by the king's special grace to Brocars Arnaut Brocas, esquire , of Aquitaine, for his good service, and because he was captured in that service by the king's enemies in the war, of 10 l.st. , to be taken each year for his life from the profits and revenues of the Poillon baylie of Pouillon with its appurtenances in the Landarum seneschalcy of the Landes , at the terms of Michaelmas and Easter by equal portions. The king wishes that Brocas have the governance of that baylie in the king's name, and exercises it in person or by a lieutenant, and answers for any surplus beyond his annuity at the Burdeg' castle of Bordeaux , according to what the baylie has previously produced, notwithstanding any grant of the baylie or any parcel of it made by the king's lieutenant. 2

By p.s.

1.
A note in the margin against this entry states ' extractus '.
2.
For a subsequent order concerning this grant, see entry in C 61/95 . For Brocas's appointment of a lieutenant in the office, see entry in C 61/96 .
64

10 March 1381 . Westm' Westminster . For Florimont, lord of Lesparre.

Commission of full power, with the consent of the king's council, to the abbot and the others, or four of them at least, to inform themselves of the complaint made by Florimont, lord of Sparra Lesparre , kt , and proceed in the appeal, and the principal business of the appeal, with all things relating to it, and to determine it, doing full and speedy justice to the parties according to the laws, fors and customs there. They are ordered to summon before them those who ought to be called, to diligently inspect the legal process, and cause of appeal, and the principal business, and to here, decide and determine the matter, doing full and speedy justice, according to the laws, fors and customs there.

The lord of Lesparre has complained to the king and his council, showing that though he has, and ought to have, in all his lordship, territory and castellany of the town and castle of Lesparre, complete and shared jurisdiction, and all manner of high and low justice, and he and all of his predecessors, have had the same from time out of memory and have exercised this in the proper time and place, peacefully exercising the same by his judges and ministers, and because of these liberties, franchises and jurisdictions a judge and bayle of the lord of Lesparre were appointed in the lordship and castellany against a certain Aymeric de Bourg and Aymeric his son , and Johan de France , and Balades Johan de Belhade , their accomplices, who with malice and forethought killed a certain farmer and inhabitant living in St Vivian Saint-Vivien-de-Médoc , called Gombaudus, Arostandi Gombaut Roustaing , in his vineyard, while he was planting it up with his workers. After this had been done, they went into exile out of Lesparre, and at the instigation of the murdered man's mother and father were declared banished according to local law. Nevertheless, the king's lieutenant, Nevylle John de Neville , without giving the matter due consideration and encouraged by some of the king's subjects, remitted their corporal and civil punishments, and had their lawfully sequestrated goods returned to them, when he had no right to do so, and had his decision published in the court of Gascony and elsewhere, and wrongly quashed the banishment and all proceedings before the judge and bayle of Lesparre, unbeknown to the lord of Lesparre or his officials, who were not summoned, and issued further letters patent disinheriting the lord of Lesparre to his and his heirs’ great damage and loss of jurisdiction, thus giving encouragement to other malefactors, and the murder is still unpunished. Accordingly Robert Simon Rotbert, a burgess of Bordeaux , and the lord of Lesparre’s proctor, as a result of these injustices against the liberties and franchises etc. of the lord of Lesparre, and realising that he and the lord would be greatly damaged by the lieutenant and his adherents has written this appeal to us in England. 2

1.
Bernat de Monein , abbot of Saint-Sever (1358-1388).
2.
For pardons granted to the alleged killers, see entry 56 , entry 56.1 , entry 56.2 , entry 56.3 and entry 57 .
65

2 March 1381 . Westm' Westminster . For Ricart Merlin. 1

Grant by the king's special grace to Ricart Merlin , for his good service to the king's late father, and also to the king in the king's wars, and because in those wars he has lost the land of Burgoille Burgueil to the value of 400 l. 2 a year of money current in Aquitaine, which he had of the king's father's gift for life, of the places and lands of Terces Tercis and Mées , with all the profits, rents and dues pertaining to them in the Landarum seneschalcy of the Landes , which were Lebret Pey d'Albret , a rebel of the king, and valued at 25 l. a year. To hold the same to Merlin for life by the service customarily owed, provided he answers at the castle of Bordeaux for the surplus beyond this sum in case the value of them exceeds the 25 l. 3

By p.s.

1.
A note in the margin states ' Vacated because it was restored because the king, on 6 February 1386, granted to the aforesaid Ricart 25 l.st. to be taken from the issues of the lordship of Aquitaine at the castle of Bordeaux
2.
The order to make livery makes the value 40 l. , which seems likely to be the correct sum.
3.
The entry is crossed out. For the order to make livery to Merlin, see entry 59 . For related entries, see entry in C 61/96 & entry in C 61/98 .

For Thomas Lombard.

66

19 April 1381 . Westm' Westminster .

Grant to Lumbard Thomas Lombard of the office of Burdeg' controller of the castle of Bordeaux , holding the same for as long as he conducts himself well and faithfully in the office, and taking as much in that office as others before this time have been accustomed to take. 1

By p.s.

1.
For an enhancement of this grant, see entry in C 61/97 . For a related entry, see entry in C 61/97 .
67

Same as above

To all the mayors, jurats, officers, ministers and other faithful subjects of the king in the duchy of Aquitaine.

And it is ordered that they are to be intendant on, obey, consult with and aid Thomas [Lombard] in all things that pertain to his office, as often and when and he will make known.

By the same writ.

68

10 May 1381 . Westm' Westminster . For Ramon-Bernat [de Castelnau].

Inspeximus of a copy of certain letters patent of the king's late father under the authentic seal and sign of a notary in these words:

18 August 1369 . The Chisiet castle of Chizé .

Grant by Edward [of Woodstock], eldest son of the king of England, prince of Aquitaine , and Wales , duke of Cornwall, earl of Chester, lord of Biscay and Castro Urdiales, to Ramon-Bernat [III de Castelnau], Castel Nau de Tursan lord of Castelnau-Tursan , for his good service, of 200 l. of current money each year for his life, to be taken from the profits of the Guissen fishery ( nasse ) of Guiche from those who hold it, until the prince will assign him land to the same value elsewhere. It is ordered to those who hold the Nasse to pay the 200 l. each year, receiving letters of recognizance acknowledging payment, and the king wishes that they have due allowance in their account.

The king approves, ratifies and confirms the letters by his special grace. 1

By p.s.

1.
For a related order, see entry . For an ensuing dispute concerning conflicting grants and confirmations of the fishery, see entry in C 61/96 . For the inspeximus of Edward III of the conflicting grant to Guiraut de Tartas, see entry in C 61/85 . For Richard II's confirmation of the conflicting grant to Guiraut de Tartas, and the order to deliver it to Tartas's heirs, see entry in C 61/95 and entry in C 61/95 . For a further order for an examination of Ramon-Bernat's claims, see entry in C 61/98 .

For a pardon.

69

12 May 1381 . Westm' Westminster .

To all bailiffs and faithful subjects.

Pardon, by the king's special grace, to Orismendi Lubat Harizmendi of the lordship of Soule in the vicomté of Mauléon , 1 of suit of the king's peace and whatever pertains to the king for the death of Chatez Bertran de Tardets , and also for his adherence to the king's French enemies after the death, and pardoning his indictment, accusation or appeal, and also his outlawry or banishment if they were promulgated against him, and granting him the king's firm peace, provided he stands to right in the court of Aquitaine if anyone wishes to speak against him for the death.

By p.s.

1.
It was in fact the vicomté of Soule which had as capital Mauléon.
70

Same as above

And it is ordered to the seneschal of Gascony, the seneschal of the Landes or the castellan of Mauléon , or their lieutenants, that if Lubat [Harizmendi] finds sufficient security that he will conduct himself well towards the king and his people from now on, according to the fors and customes there, then they are to publicly proclaim the pardon in every place they consider it necessary, according to the tenor of the king's letters.

71

11 May 1381 . Westm' Westminster . For a confirmation for [Matthew] Gournay.

Inspeximus of letters patent of the king's father, late prince of Wales, lately made to Matthew Gournay, kt, in these words:

15 June 1370 . Dengolesme Angoulême .

Grant by Edward [of Woodstock], eldest son of the king of France and England, prince of Aquitaine and Wales , duke of Cornwall, count of Chester, lord of Biscay and of Castro Urdiales, to Gourney Matthew de Gournay, kt , considering his good service and notwithstanding that he is the prince's servant and seneschal of the Landes , that he may hold all the land, towns, castles and other fortresses, lordships and apputenances that he is able to conquer from the prince's enemies and rebels in the principality, and especially the vicomté of Tartas with its appurtenances, which is the lord of Albret 's, 1 a rebel of the prince, always reserving to the prince the royal patrimony and the lands of the Church. He is to do the liege homages and other dues to the prince and his heirs that ought to be done for what he captures.

For the advancement of the war the king has granted that those who wish to serve in the wars in the realm of France against the king's enemy, and his accomplices may keep all that they are able to conquer from the enemies and rebels, always reserving to the king the royal patrimony and the lands of the Church, and the prince wishes this to apply in his principality of Aquitaine.

The king, by the advice of his council, approves, ratifies and confirms his father's letters by his special grace.

By p.s.

For a confirmation for Tetbaut de Poyloaut.

72

14 May 1381 . Westm' Westminster .

Inspeximus of a certain judgment or decree of Henry, earl of Northumberland , lord Percy , William Beauchamp, late the king's chamberlain , and Rous Robert Roos, kt , commissioners of the king lately assigned to make a declaration on the status of Tetbaut de Poyloaut of Gascony, esquire , and upon accusations made against him by Master Passepaire Guilhem Passepayre, the king's procurator there , under the seals of the commissioners in these words:

22 August 1380 . Westm' Westminster .

Henry, earl of Northumberland, lord Percy, William Beauchamp, late the king's chamberlain, and Robert Roos, kt, appointed commissioners by the king and his council, to view and examine the articles containing the accusation or denunciation made against Tetbaut de Poyloaut, esquire, by Master Guilhem Passepayre, royal procurator in Aquitaine, and the order of Nevwill' John, lord Neville, lieutenant of the king there , alleging that he had committed the crime of lèse-majesté, and especially:

  1. in procuring in the testament of the Legueyran lord of Langoiran 1 that the Lebret lord of Albret , 2 an enemy and rebel of the king, was made his heir;
  2. he prevented by his ordinance those places of the lord of Langoiran coming into the hands of the king;
  3. he sent letters under his own seal entreating that the lord of Albret take possession of those places;

they have viewed and examined the information and depositions on the articles received and examined by Master Guilhem Passepayre, namely Multoun' John de Moulton, kt , Arnaut Sedet , Arnaut Martin , Helies Galhart Hélias , Bertran Jaubert , burgesses of Bordeaux, Guilhem Maynard, priest , Bertran [II], Montfairand lord of Montferrand , Thomase Thomasse de Pons , widow of Puyguilhem . 3 Poyloaut answered the charges, and produced his own witnesses to prove the contrary, namely the Soudan de la Trau , 4 Sparre, la Bérart de Lesparre of Labarde , William Elmham , Chamberlac Johan de Chambrillac , kts, Neuton Richard Newton , la Rue Pey de Larue , burgesses of Bayonne, Arnaut de Jacye , Bretran, Daredz Bertran d'Aretz , of Bayonne , Johan de Come , Sawe Colet de Saut , Bidon de Ribère , burgesses of Saint-Sever, Lugainhac Guilhem de Lugagnac , Marcade Johan de Marcadé , burgesses de Bayonne, Ricart Merlin, esquire , Elmerik Johan Aymeric, esquire , Rule Guilhem Rolle, Reule, la burgess of la Reole , Qilhac Johan de Quillac , who were diligently examined by Robert Roos, in the presence of Edmund Brudenell, king's clerk . Poyloaut was questioned carefully and stated that the allegations made against him contained no truth, and wished the law concerning gentlemen be upheld. The commissioners diligently examined all the process, and took council from men learned in the law and its usage, and found that the witnesses for Poyloaut were of greater dignity and estate than those produced against him, and that those produced for him were all agreed concerning the salvation of the honour, and against the things alleged in deposition and letters against him. The commissioners have found that the allegations made against Poyloaut in the articles produced by Guilhem Passepayre have not been proved, and that Poyloaut has proved sufficiently the contrary, and he is acquitted of all of the same, and restored to his good name. In addition his pledges are acquitted, they having been given by him as a result of his arrest in chancery, and the whole process against him is annulled.

Edmund Brudenell, king's clerk, has written this judgment down in his own hand.

The king accepts, approves, ratifies and confirms the judgment and decree for the salvation, declaration and conservation of the status of the same Tetbaut de Poyloaut.

By C.

1.
Bérart III d'Albret (d. 1379).
2.
Arnaut-Amaniu d'Albret (d. 1401).
3.
Probably the widow of Bertran de Got, lord of Puyguilhem, son of Arnaut-Gassie de Got called the Basque (lo Bascol) and father of a namesake and of Guilhem de Got called le Bascolat who succeeded him as lords of Puyguilhem. These two latter are mentioned in 1401 in entry in C 61/108 . She obviously was of the family of the lords of Pons, possibly the same person as the wife of the late Pons VI, lord of Castillon-de-Médoc, daughter of Renaud IV, lord of Pons.
4.
Arnaut-Bernat IV de Preissac .
73

14 May 1381 . Westm' Westminster .

Memorandum that Lebreto Bertrucat d'Albret, kt , of Aquitaine, on 14 May, in chancery at Westminster, mainprised for the same Tetbaut [de Poyloaut] , that he would, from henceforth, be a faithful liege of the king, and would conduct himself well towards the king, as he is bound to do by his allegiance, and that the Trave, la Soudan de la Trau 1 and other mainpernors of Tetbaut be discharged, by advice of the king's council, as appears in a certain schedule sewn to the close roll for the third year of the reign.

For a safe-conduct.

74

13 May 1381 . Westm' Westminster .

To all admirals, captains, castellans and their lieutenants, keepers of ports, sea and other maritime places, sheriffs, mayors, bailiffs, ministers and other faithful subjects appointed both in Aquitaine and elsewhere.

Letters of protection and safe-conduct until the 8 September 1381 1 , granted to Isabelle [de Parthenay] , wife of Lodewicus Loys[de Rochechouart], vicomte of Rochechouart , and Johan [de] Rochechouart , son of the vicomte, kt, 20 knights, two esquires and damoiseaux, and other valets, as the king, wishing to provide for their security, has received them into his protection so that they can come into his lands, then to England and return to their own lands. This has been done because Loys, vicomte of Rochechouart, is the prisoner of Nevill' John de Neville, lord of Raby , king's lieutenant in Aquitaine , and has been brought into England , and Isabelle and Johan with the others propose coming mounted and on foot, by land and sea into the king's lands to negotiate the release of the vicomte. They are to be maintained, protected and defended, and no one is to be permitted to injure or trouble them. If anything has been forfeit, or any injury done to them, then amends are to be made without delay. 2

1.
The feast of the Nativity of the Blessed Mary.
2.
Printed in Rymer, Foedera , vol. 4, p.119.
75

Same as above

To the same.

Letters of protection and safe-conduct for the same term for Motus Macart, esquire of the vicomte of Rochechoart , and two other esquires of the same vicomte, to come into the king's lands both by land and sea to negotiate the release of Loys, vicomte of Rochechouart , prisoner of Nevill' John de Neville, lord of Raby , king's lieutenant in Aquitaine .

76

3 May 1381 . Westm' Westminster . For the citizens of Dax.

Confirmation of letters patent of Edward [III], late king of England, the king's grandfather, to the mayor, jurats and community of Dax, in these words:

28 May 1341 . Westminster .

Confirmation by Edward [III], king of England and France , to the mayor, jurats and community of the Aquen' city of Dax for the great service that they have done to the king's progenitors, late kings of England and dukes of Aquitaine, and do for the king, and for the loss and injury both in their bodies and things and goods expended in the defence of the king's rights of their liberties, customs and privileges granted to them by charter or letters of the king's progenitors. 1

The king wishes to make the confirmation in as far as he is able to confirm the contents of the charter, the letters of the king's grandfather being found by inspection of his rolls of chancery.

By p.s.

1.
For the original confirmation, see entry in C 61/53 .
77

28 April 1381 . Westm' Westminster . For permitting Johan du Bergey to exercise the office of papal collector in Aquitaine.

To all lords, magnates and nobles, both clerical and lay in Aquitaine, and whatsoever other officers and ministers, and also subjects and lieges of the king in Aquitaine.

Order to permit Vergier, de Johan du Bergey, dean of Saint-Seurin of Bordeaux, and Sanctus Andreus, Burdeg' canon of the church of Saint-André of Bordeaux , 1 to exercise the office of receiver and collector of the chamber of the apostolic see in Aquitaine, to which Pope Urban VI has appointed him, after Bergey shows them sufficient letters of the pope for the admission to that office, and permit him to do so just as others before this time have exercised it, not disturbing him but rather being intendant on him. The king has ordered this out of reverence to the pope. 2

By C. at the request of the Aquen' bishop of Dax .

1.
On him see Lainé, F., Fasti Ecclesiae Gallicanae , 13, Diocese of Bordeaux (Turnhout, 2012), p.360-1, no.449.
2.
Printed in Rymer, Foedera , vol. 4, p.110.
78

4 May 1381 . Westm' Westminster . For the Soudan de La Trau.

Order to the seneschal or lieutenant of Aquitaine , and the mayor of Bordeaux and the constable of Bordeaux, and also all the king's other ministers and subjects in the duchy, that they are not to trouble the Trave, la Soudan de La Trau 1 to do his homage, because he has made liege homage to the king for all his land and tenements that he holds from the king in his lordship of Aquitaine.

By p.s.

79

10 May 1381 . The a notre palays de Westm' palace of Westminster . For Ramon-Bernat.

[in French]

To the king's lieutenant or seneschal of Aquitaine, and the constable of Bordeaux, and all the king's other officers and ministers in those parts, and most especially to those who hold the nasse of Guisson.

Order to pay to Ramon-Bernat [III de Castelnau], Castel Nau de Tursan lord of Castelnau-Tursan , the 200 l. of money current there, from the issues, profits and revenues of the Guissen nasse of Guiche each year during Ramon-Bernat's life, together with the arrears of the same, making with Ramon-Bernat indentures or letters of acquittance, attesting the payment, by which, together with copies of the king's letters, they can have due allowance in their account.

The king's father, the late prince, in consideration of Ramon-Bernat's good service, by his letters patent, granted the annuity to him to be paid on the issues of the nasse, until the prince assigned lands or rents to him of the same value, and the king confirmed the grant by his letters patent. 1

1.
For the king's confirmation, see entry 68 . For a related entry, see entry in C 61/98 .
80

20 May 1381 . Westm' Westminster . For safe-keeping.

To all lieutenants, justices, officers and ministers of the king's in the lordship or duchy of Aquitaine, or their lieutenants.

Letters of protection and safe-guard while they remain in the king's allegiance, granted to Podio Alto Tetbaut de Poyloaut and Maria [d'Ornon] , his wife, together with their servants and household, and all their houses, goods, property and possessions,as the king, wishing that they should remain in peace and be preserved from injury has received them into his protection and safe-keeping. The king orders that they be protected, maintained and preserved from injuries, violence, damage, oppressions and novelties committed against their persons, and that they be defended in the just possessions that they and their predecessors had. The king wishes this protection and safe-guard to be publicly proclaimed, with prohibitions, and other things necessary for them, and as a sign of it their houses, goods, property and possessions are to have the king's pennon placed on them so that no-one can claim ignorance as an excuse for contravening the protection. They are to appoint one or more of the king's royal serjeants, if they are requested, at Tetbaut's expense, but they are not to intermeddle into matters which need to be inquired at in a legal way, without prejudice to the king's or anyone else's rights. 1

By C.

1.
For similar letters granted to the same individuals in the previous year, see entry 10
81

24 May 1381 . For a conduct.

Aymeric de Bourg, kt , has similar letters of [safe-]conduct for himself, his children, servants and household. 1

1.
This entry is squeezed in between earlier entries, and appears to have caused the clause 'By C.' following the previous entry to be erased, and re-written at the end of this entry. This entry erroneously states that the previous entry is a safe-conduct.
82

18 May 1381 . Westm' Westminster . For the Soudan de La Trau. 1

Grant to the Soudan de La Trau 2 for his good service and losses, and in case that the lands previously granted to him by the king are restored to Beguer Galhart Béguey , a rebel, of the lands, tenements and vineyards with their appurtenances, which were owned by Columbi Johan Colom, kt , in the Gravis Burdeg' Graves of Bordeaux and the Inter duo Maria Entre-deux-Mers , and also the houses, lands and tenements with their appurtenances which were owned by Columbi Amaniu Colom, kt , in Burdegala Bordeaux and the Bordelais , which lands and tenements of the same Johan's forfeited into the king's hands. The Soudan is to hold them for his life from the king and his heirs, by the customary service in satisfaction of the 1,500 l. annuity taken from the lands of Galhart Béguey, until the Soudan recovers his hereditary lands and those of his wife, and notwithstanding any grants of the lands of the two Colom brothers made by the lieutenant or seneschal of Aquitaine, or by other ministers of the king there to any other people. Proviso that if the value of the houses, lands, tenements and vineyards of the two Colom brothers exceeds the 1,500 l. , then the Soudan is to answer for the surplus value to the king and his heirs at the castle of Bordeaux to the constable of Bordeaux at the customary terms by equal portions as is right. If the value is not sufficient for the 1,500 l. , then the deficiency is to be taken from another suitable place to be assigned by the seneschal of Aquitaine and the constable of Bordeaux.

On 12 August 1380 the king, for the good service of the Soudan, and for his losses because of the war in both his hereditary lands and those of his wife amounting to 6,000 l. a year, granted, by his letters patent under the great seal, to the Soudan the lands and tenements of Galhart Béguey, a rebel, which were in the king's hands, and valued at 1,500 l. a year, to be held from the king and his heirs for life by the customary service, until the Soudan recovered his lands. The king wished the same to be assigned to the Soudan by his lieutenant and the constable of Bordeaux from the lands that Béguey had in Bordeaux and its banlieue, and close to it. In case the same are restored to Béguey, then the Soudan is to be provided with the same sum from other lands, to be held as above. The king now wishes to provide him with greater security. 3

By p.s.

1.
A note in the margin states ' extractus '.
2.
Arnaut-Bernat IV de Preissac .
3.
For the original grant, see entry 19 . For a later related grant, see entry in C 61/96 .
83

18 May 1381 . Westm' Westminster . For general attorney.

Letters of general attorney in England, for one year, for Ramon-Bernat [III], Castel Nau lord of Castelnau-Tursan in Aquitaine, who is going to Aquitaine by the king's licence, nominating John de Bayon and Colshill John Colshull, vintner , alternately.

Faryngton' Robert de Farringdon, clerk , received the attorneys, as far as the return of Ramon-Bernat to England.

84

20 May 1381 . Westm' Westminster . For Tetbaut de Poyloaut.

Order to the seneschal or lieutenant of Aquitaine, and the constable of Bordeaux and seneschal of the Landes, or any of them, and their deputies or lieutenants, under pain of the king's anger, to wholly restore without delay to Podio Alto Tetbaut de Poyloaut , or his proctors or attorneys bearing these presents, all his lands, rents, dues, goods and possessions of which he was formerly seised, together with the issues, fruits, and issues that have been taken, regardless of into whosoever hands they have come. The king revokes any grant made by any of them and subsequently confirmed by him, and notwithstanding any other excuse or appeal. They are also to compel anyone who has caused damage to Poyloaut's houses, buildings or lands since he had seisin, to make all the repairs to them.

A complaint was made against Poyloaut by Master Passepaire Guilhem Passepayre, the king's procurator fiscal in Aquitaine , as appears by the process and by other things sent to the king, alleging that on the death of the Longeiran lord of Langoiran 1 made the Lebreto lord of Albret , 2 a notorious enemy and rebel, his heir, and Tetbaut, who had been a faithful liege of the lord of Langoiran, after his death became a supporter of the lord of Albret, and at Tetbaut's instigation the lord of Albret obtained possession of the castles and fortalices, and other places of the lord of Langoiran within the king's lordship, impeding the king's officers and well-wishers from taking the castles and fortalices into the king's obedience, in prejudice of the king. Certain of the king's officers procured to have all the lands, rents and goods of Tetbaut's within the king's lordship taken into the king's seisin, and to have Tetbaut arrested and imprisoned. The king, because Tetbaut has cleared himself 3 before certain commissioners deputed to examine whether he was innocent of the accusations, and these commissioners by their authority restored Tetbaut to his good reputation, just as appears by the process made by the commissioners which the king has caused to be confirmed by his letters patent, by which the king has restored the lands, rents, dues, goods and possessions with its emoluments of Tetbaut with the assent of the king's council. 4

By C. And it was patent.

1.
Bérart III d'Albret (d. 1379).
2.
Arnaut-Amaniu d'Albret (d. 1401).
3.
The verb used is ' purgare' which would suggest that Tetbaut cleared himself by a compurgatory oath.
4.
For related entries, see entry 6 , entry 10 , and entry 16 .

For the Soudan de La Trau.

85

Same as above

Grant to the la Trave Soudan de La Trau , 1 at his request, because he cannot receive payment of an annuity of 200 écu granted to him by the king's father, should be taken henceforth each year from the profits and revenues of the Lumbrer, Burdegal' prévôté of the Ombrière of the city of Bordeaux from the farmer, assessor or other receivers of profits and revenues, for all the Soudan's life in compensation for the annuity, notwithstanding any gift or grant made by the lieutenant or seneschal of Aquitaine, or other officers to whatever persons to be taken from the same issues. Proviso that the Soudan is to take nothing from the issues before he has restored the letters of the king's father to the constable of Bordeaux to be cancelled.

On 1 January 1357 the king's father, 2 having regard to the good service that the Soudan had done in various places in Gascony, and most particularly at the battle of Poitiers in which he was assigned to the bodyguard of the prince, granted by his letters patent to him 200 gold écu of rent a year to be paid to the Soudan or his attorney at Easter and Michaelmas by equal portions from the first issues and revenues coming from money struck in the city of Burdegala Bordeaux . The sum was to be paid before all other gifts and assignments on this made by whomsoever for whatever reason, and notwithstanding all other gifts and assignments made on the same. 3

By p.s.

1.
Arnaut-Bernat IV de Preissac .
2.
Edward of Woodstock .
3.
For the subsequent order for payment, see entry in C 61/96 . For a related entry, see entry in C 61/98 . On another bodyguard of the prince during this battle (Guilhem Aubert), see entry in C 61/70 .
86

Same as above

And it is ordered to the constable of Bordeaux that before he permits the Soudan de La Trau to take anything from the profits and revenues of the prévôté [of the Ombrière] he should receive from him the letters of the king's father that he has, and he is to immediately cause them to be cancelled in discharge of the king, and the cancelled letters together with these presents are to be his warrant in his account.

87

28 May 1381 . Westm' Westminster . For a confirmation.

Inspeximus of letters patent of John, lord Neville, late lieutenant of the king in Aquitaine, in these words:

30 November 1380 . Bourdeaux Bordeaux .

Grant by John, lord Neville, lieutenant of Aquitaine to la Grave Johan de Lagrave, Burdeaux burgess of Bordeaux , for the losses he has sustained in his lands, vineyards and other inheritances that he has in the Entre-deux-Mers and in other parts in the king's obedience because of the present wars, and also having regard to Lagrave's good and agreeable services that he has done to the king and his subjects, and continues to do in the present truce between the king and his adversaries, and also for putting the truce into effect, of the debts owed by Guilhem Séguin and Ramon Séguin, late burgesses of Saint-Macaire at their deaths, and also of Viguereuse Johana Bigouroux , daughter of Geraut, Viguereux Guiraut Bigouroux , as universal heir of the same Guilhem Séguin , her uncle, and of Raymond Ramon Séguin , her grandfather ( papon ), to la Tour Larde de Latour , widow of Guilhem Séguin, for her dower and marriage, to Bertrand, Pomiers Bertran de Pommiers, kt , to Vidal Bidau de Grau, labourer ( obrier ) of Saint Machaire Saint-Macaire , to la Nau Guilhem de Lanau, notary , and Johanne Johana Séguin , his wife, and Johanne, Campinhol Johana de Campagnol , daughter of Johanne Johana Séguin , and to others, creditors of the same Guilhem Séguin, Ramon Séguin and Johana Bigouroux, as appears by the testaments of Guilhem and Ramon, and within many other charters and instruments. The debts have been confiscated because all of the creditors are notorious and manifest enemies and rebels of the king residing in the town of Saint-Macaire and in other places that are in rebellion against the king.

The lieutenant orders to all seneschals, constables, judges, prévôts, mayors, under-mayors, bailiffs, castellans, executors, or their lieutenants, and to all other justices, officers and ministers of the king, and to other loyal subjects of whatever condition or estate, that they are to suffer Johan de la Grave and his heirs to enjoy the debts of the Séguins and Bigouroux according to the tenor of the letters, not permitting anything to be done to the contrary.

With the advice of the king's council, the king accepts, approves and confirms this grant.

By p.s.

88

20 May 1381 . The in palacio nostro Westm' palace of Westminster . For a confirmation for the burgesses of the town of Bourg in Aquitaine.

Inspeximus of letters patent of Edward [III], late king of England, the king's grandfather, in these words:

Letters patent of Edward [III], king of England, lord of Ireland and Aquitaine revoking the grant made to Bérart I [d'Albret] 1 of Blasimont Blasimon , with its parishes and appurtenances, and the parishes of Mercamps Marcamps , Prinhacum Prignac , Cazelas Cazelles , Sanctus Laurencius Darsacum Saint-Laurence-d'Arce , the espicals de Maringha hospital of Magrigne , Sanctus Germanus Saint-Gervais , 2 Seint Andres Cubzac Saint-André-de-Cubzac with Portu les Ponts , Aubia Aubie , Espassaz Espessas , Piussaz Peujard , Gauriagnot Gauriaguet , Marsaz Marsas , Sanctus Antonius Saint-Antoine , Seizac Cézac , Cavinhac Cavignac , Labuscade Laruscade , Cunhasezisium Cubnezais , with their appurtenances in Burgesio Bourgesais , and in the honour of Bourg, the king making this order because he realises that the places belong to him and his crown, and that they cannot be alienated, and for certain other reasonable causes, with the counsel and assent of the prelates and nobles of his realm assembled in the present parliament, and following mature deliberation. Moreover it is declared and granted that the castle, town and bastide should remain annexed and united to the crown notwithstanding any appeals or legal cases.

The king ought always to observe gravity in his actions, so that he does not allow anyone to persuade him to alienate possessions of the crown, but preserves them wholly as he is bound to do because of what he owes to his oath, and for certain clear reasons expressed at the time, and after due consideration, it was ordained that the castle , honour and town of Burgum supra Mare Bourg , and their appurtenances or rights, set up in the king's lordship of Aquitaine, should not be alienated by sale, gift or exchange, or any other title, except to a future heir of the kingdom of England, and should not be transferred from the crown, but should remain annexed to it forever. However, forgetting this, the king was deceived into granting the places and parishes to Albret and his heirs, to be held together with the all the homages, rights and appurtenances of the same, and with high and low justice, and complete and mixed jurisdiction, just as is more fully contained in the king's letters.

The king approves, ratifies and confirms the revocation. 3

By p.s. For one mark paid into the hanaper.

1.
In the original enrolled copy on roll 79 it is written in the text that this grant was made to Berardus, dominus de Lebreto ('Bérart, lord of Albret'), but it is an obvious error for Bérart I d'Albret, perhaps silently corrected in the inspeximus . The lordship of Puynormand was granted to Bérart I of Albret by Edward III . See the keepership granted for life to Bérart I on 1 May 1330: entry in C 61/42 . He was granted for life the lordship of Puynormand in 1334: entry in C 61/46 . On 15 May 1341, Edward III granted in perpetuity this lordship to Bérart I: entry in C 61/53 (see also Archives départementales des Pyrénées-Atlantiques, E 202).
2.
The clerk mistakenly identified Saint-Gervais as Saint-Germain.
3.
For the original letters patent, see entry in C 61/79 . For related entries, see entry in C 61/53 & entry in C 61/53 .
89

8 March 1381 . Westm' Westminster . For the lord of Lesparre. 1

Grant, by the king's special grace, to Florimont, lord of Lesparre , in consideration of his capture in war in the king's service by the king's Spanish enemies, 2 by whom he is still held in prison, and because he is unable to pay his excessive ransom without the king's aid, of 10,000 gold Francs to be taken from Shakel John Shakell , from that 20,000 fr. which the same John is bound to pay to the king for the interest that Edward [III] , late king of England, the king's grandfather, the king's father, and the king had and have in the ransom of the Dene count of Dénia , 3 or his son who is in John Shakell's possession as a hostage; 4 and also those 20,000 gold Francs granted to the king by John Shakel from the sum received by the count of Foix , 5 being in the hands of the count from the ransom, to be taken from the count in aid of the payment of Florimont's ransom by the king's gift. The king wishes that Shakell and the count be discharged for the sums by the lord of Lesparre's letters of acquittance, and that should the lord die before he is delivered from prison, then the remaining part of the 30,000 fr. that has not been paid at the time of his death should be paid to the king, notwithstanding the king's grant. 6

By p.s.

1.
A note in the margin states ' extractus '. A further more lengthy note states 'Vacated and restored because the king, on 8 May 1383, by his letters patent, granted to the same Florimont, 20,000 fr. to be taken from John Shakel ' from the ransom of the Dene count of Dénia to aid in the payment of Florimont's own ransom. And thereafore these letters are cancelled.
2.
Florimont de Lesparre had been captured in 1375 by the Castilians on a boat at the mouth of the Gironde estuary during a period of truce.
3.
Alfons d'Aragon the elder .
4.
Alfons d'Aragon the younger .
5.
Gaston III Fébus .
6.
On the ransom of the count of Denia, see Perroy, É., 'Gras profits et rançons pendant la guerre de Cent Ans: l'affaire du comte de Denia', Mélanges d'histoire du Moyen Âge dédiés à la mémoire de Louis Halphen (Paris,1951), pp. 74-80. And Rogers, A., 'Hoton versus Shakell: a ransom case in the court of chivalry, 1390-5', Nottingham Medieval Studies 6 (1962), pp.74-82.
90

25 May 1381 . Westm' Westminster . For Ramon-Bernat, lord of Castelnau.

Order to the king's lieutenant in Aquitaine or seneschal of Aquitaine, and the constable of Bordeaux, that if Ramon-Bernat [III de Castelnau], Castelnau de Tursayn lord of Castelnau-Tursan is not able to have the 500 l. annuity granted to him by the king from the receiver of the Landes , then they are to assign him another place for that sum where they consider it best, so that Ramon-Bernat can be paid. On 8 August 1379, because Ramon-Bernat had lost the land of his inheritance because of the war, so that he had nothing to maintain his status, the king granted by his letters patent, by his special grace, to him 500 l. of money current in Aquitaine, to be taken each year during pleasure to maintain his status. The sum was to be paid from the issues of the seneschalcy of the Landes from the receiver ther at Michaelmas and Easter by equal portions. Ramon-Bernat has informed the king that he has been unable to take the sum from the receiver.

By p.s.

91

28 May 1381 . The in palacio nostro Westm' palace of Westminster . For Johan de Mercé.

To the lieutenant or seneschal of Aquitaine, the prévôt, mayor and jurats of Baione Bayonne , the Landar' king's procurator of the Landes , and all other bayles, serjeants and officers of the king there.

Order, strictly enjoining that under the pain of forfeiture of their lives and limbs, and of all others who are able to forfeit, that if the allegations made by Mercerio Johan de Mercé, merchant of Bayonne contain the truth concerning the debt of Monicot de France , deceased, to him, that then Mercé is to be restored without delay, and that he should have and hold Monicot's goods peacefully. If Pey and Darast Guilhem d'Arrast , the heirs of Monicot, have alienated Monicot's goods, then Mercé is to have speedy recovery on other goods of the heirs', deducting anything he has received of the debt from Johan Béros , until he has been fully satisfied for the debt, and for the damages and losses that he has sustained, notwithstanding any quittance that Mercé has made under duress. Those rebels who have sought to delay the matter, are to be punished according to their crimes.

Lately Mercé, has alleged to the king and his council that Monicot de France, deceased, owed him a quantity of gold which he did not satisfy him for during his life, and the goods of Monicot de France, which were in the possession of Pey and Guilhem d'Arrast, heirs of Monicot, were delivered to Mercé by a judgment for Mercé by the Landar' seneschal of the Landes . Nevertheless the goods were unjustly seized into the king's hands by a protest. The king ordered his lieutenant or seneschal there, and the mayor and jurats [of Bayonne], that if Mercé was in possession of the goods by the judgment, and afterwards was unjustly removed contary to the judgment, then he was to be restored to that possession of them, and sustained in that possession according to the form of that judgment. And if the heirs of Monicot, have alienated the goods in part or in total after the judgment, contrary to it, then Mercé was to have recovery on other goods of those heirs according to the laws and customs of those parts, deducting what he had received of the debt. Now Mercé has made a further complaint, showing the king, that though the king made his order to his lieutenant and seneschal, and the mayor and jurats, the goods have not been delivered to him, and the mayor and others who adhere to him, holding execution of the order in contempt, have refused to act, and have inprisoned Mercé in chains until he ceases his claims, in contempt of the king's order, and to Mercé's final impoverishment, and in the manifest depression of his estate, and he requests the king's help. The king wishes to resist the contempt shown to his previous orders, and is favourably inclined to provide Mercé with a remedy. 1

1.
For the king'sa original order, see entry in C 61/91 .
92

8 June 1381 . Westm' Westminster . For the community of the town of Bourg.

Grant with the assent and advice of the king's council, to the Bourc, la mayor and jurats of the town of Bourg that from the day of the making of these presents, for the term of three years, they can take 6 d. in the pound by those they appoint from merchandise passing in or out of the ports of Cubsac Cubzac and Auger Augey , and all other ports of the Bourc, la castellany of Bourg , excepting the Burdegal' burgesses of Bordeaux , and English merchants. It is ordered that they chould take the 6 d. during the term with the money being used for the making of the tower in the town, and for the preservation and garrisoning of the town, and collection ceasing after the term. On behalf of the mayor and jurats by their petition brought before the king and his council it has been shown that they have begun building a new tower in the town for its fortification, and have found men-at-arms for the garrison of the town at their own cost. However they are not able to sustain the charge for this, and have requested that the king will grant them the 6 d. in the pound, and the king agrees to this.

By bill endorsed by the council.

For the heirs of the lord of Poyanne etc.

93

10 June 1381 . Westm' Westminster .

Order to the constable of Bordeaux that neither the heirs of the Poyane lord of Poyanne , nor those others who were bound for the sum of 1,000 m. by virtue of letters of obligation concerning the purchase of a prisoner, should be charged, distrained, or in any other way troubled by virtue of thos letters, but rather that they should be permitted to be quit of the same forever. John, Nevill' lord Neville , has bound himself to the king in his account, for the time that he was the king's lieutenant in Aquitaine, for 750 m.st. , part of the 1,000 m. in which Guiraut de Tartas, late Poyane lord of Poyanne , Monthaut Ramon [II] de Montaut, lord of Mussidan , Durefort Galhart [II de] Durfort, lord of Duras , Arnaut [de Curton], lord of Curton , and Bernat de Lesparre, la Barde lord of Labarde , the king's subjects in Aquitaine, were bound by their letters of obligation to Edward [III], late king of England , the king's grandfather, for the Poys lord of Poix , Frenchman, who was a prisoner of the late king, and whom they bought from him for that sum. The 250 m. residue was paid by the king's order by [John], lord Neville , to John Elkin , the king's liege, in compensation for the losses and damage that he had sustained in the war. The king has had the letters of obligation, given back to Caseliz Pey de Cazalis, esquire , by the treasurer and chamberlain from the king's exchequer to the use of the heirs of Guiraut de Tartas, lord of Poyanne, and the other letters of obligation returned too.

By p.s.

94

Same as above

Discharge of the heirs of the Poyane lord of Poyanne and others who were bound, the king wishing to indemnify them. Because Nevill' John, lord Neville was charged as above.

By p.s.

For John Moulton.

95

24 May 1381 . Westm' Westminster .

[in French]

Order to the lieutenant or seneschal of Aquitaine, and the constable of Bordeaux, or their lieutenants, to summon the parties in the complaint of Moton' John de Moulton concerning the Labourt baylie of Labourd , view the evidence that Moulton shows them, and hear the arguments of both parties. If they are able to find that the lease for 340 l. made by Moulton to Lop [de Saint-Julien], Saut lord of Sault and Seint Julien Saint-Julien of the baylie was made, and that it was complete before the gift of the baylie was made to the lord of Sault by the late king, the king's grandfather, and that the lord of Sault did hold it and paid nothing to Moulton for it, while Moulton paid that same sum to Richard Rotour, late constable of Bordeaux , to the late king's use, then they are to compel the lord of Sault, by his body and goods to pay that sum of 340 l. for each of the two years that Moulton granted it to him, to Moulton, or take the baylie into the king's hands by way of distraint and pay the profits and revenues of the baylie to Moulton until he is satisfied.

John Moulton has shown the king that lately Master Wykford Robert de Wickford and Richard Rotour, clerk , who is dead, who were constables of Bordeaux in succession in the time of the late king, had both let at farm ( assensez ) to Moulton, each for the term of a year, the baylie of Labourd, rendering 340 l. of money current there to the late king at his castle of Bordeaux, for each year, as more fully appears in the letters of those constables. Afterwards Moulton found that because he could not personally attend to the government of the baylie, since he was occupied with other business, he let the baylie for the two years to the lord of Sault, rendering 340 l. to Moulton each year, the which sum he promised to pay, but paid nothing to Moulton. Moulton has also shown how he paid the 340 l. for each year promptly to Rotour. Nevertheless the lord of Sault came to England bringing Menstreworth John de Minsterworth , who was a rebel and traitor of the late king, to be judged there, and had of the late king's gift the same baylie, and was further granted a pardon for what he owed to the king for the farm before that time for the two years. Moulton requests a remedy for he has paid the 340 l. for each year that he had the farm, as appears by letters of acquittance of the same Richard Rotour, but has been paid nothing by the lord of Sault, and the king wishes justice to be done.

By p.s.

96

Same as above

[in French]

And it is ordered to the judges assigned by the king to the superior [court] of Aquitaine , that in case Lop [de Saint-Julien], [lord of Sault and Saint-Julien] appeals before the king or them on what the lieutenant, seneschal and constable will have judged or proceded on for John [Moulton] , they should do full justice to the parties according to the law and customs there, without disturbing Moulton in his work for the king.

97

12 June 1381 . Westm' Westminster .

[in French]

Order to the Baion' prévôt, mayor and jurats of Bayonne , that if the judges' sentence and judgment in the legal case between Moton' John Moulton and la Shage Nicolau de Laxague 1 and Heguie Monicot de Héguia 2 has been made in favour of Moulton, and the judgment and conviction ( condempnacion ) have not been put into execution, then they are to cause the judgment in 88 l. 5 s. against Laxague and Héguia to be put into force, and distrain them in their bodies and by the sale of their goods to satisfy Moulton of that sum in accordance with the laws and usages there. Moulton has shown that Laxague and Héguia had for a long time pleaded against him, and caused him to be put in prison in [Bayonne], though he was always prepared to make his case. When he got out of prison, he made his complaint before the Burdeux judge of Bordeaux , and sentence was made in his favour. Laxague and Héguia brought an appeal before the judge of the superior [court] of Aquitaine , but sentence was given in favour of Moulton and they were condemned in 88 l. 5 s. , to be paid to Moulton by them, but neither the sentence nor the condemnation have been executed, and Moulton requests the king's attention to this.

By p.s.

1.
The Basque family name Laxague has to be pronounced as "Lachague".
2.
There are both mentioned among the citizens of Bayonne who received from the mayor of Bayonne Jacmes de Lesbay some arms and powder for the city defence in 1373. See Balasque, J. et Dulaurens, É., Études historiques sur la ville de Bayonne , t. III (Bayonne, 1875), pp. 359-60 (under the names of "Monicot de Héguie" and "Nicolau de Leissague").
98

Same as above

[in French]

And it is ordered to the judges assigned by the king in the superior [court] of Aquitaine , that in case Nicolau [de Laxague] and Monicot [de Héguia] appeal before the king or them concerning anything that the prévôt, mayor and jurats [of Bayonne] , or any of them have adjudged or proceeded for John [de Moulton] on the matter, then they are to do full justice to the parties according to the laws and customs there, without disturbing Moulton in his work for the king.

By the same writ.

99

Same as above

[in French]

Order to the seneschal of the Landes , the Baion' prévôt, mayor and jurats of Bayonne , to summon before them Moton' John de Moulton and Heguie Monicot de Héguia , and do full justice to Moulton in the matter of his complaint according to the laws and usages there. John de Moulton has shown that Héguia was bound to him by charter and oath in the presence of les Vayes Jacmes de Lesbay and Nicolau de Laxague , burgesses of Bayonne, to deliver Norwiche Thomas Norwich , an Englishman, from prison in Espaigne Spain 1 on the day of Saint John the Baptist three years previously, 2 or before, for the which reason Thomas de Felton, deceased, then seneschal of Aquitaine , received from Moulton 600 fr. in rebate of payment of the ransom of the son of the bastard of Spain. 3 So Moulton requests remedy from the king according to the local laws of the parties [of Aquitaine].

By the same writ.

1.
It means in fact Castile .
2.
On 24 June 1378.
3.
It is not clear who this person is. According to the name used there it should be a son of the king of Castile - Enrique of Trastamara or of one of his brothers. Or it could be a curious and surprising confusion with the ransom of the count of Denia - Alfons d'Aragon the elder who had been made prisoner at the battle of Nájera (1367) and who had left as a hostage in England his son Alfons d'Aragon, the younger, in his place. However this latter was his legitimate son and not a bastard.
100

Same as above

[in French]

And it is ordered to the judges assigned by the king in the superior [court] of Aquitaine , that in case Monicot [de Héguia] appeals before the king or them concerning anything that the seneschal of the Landes , the prévôt, mayor and jurats [of Bayonne] , or any of them have adjudged or proceeded on for John [de Moulton] on the matter, then they are to do full justice to the parties according to the laws and customs there, without disturbing Moulton in his work for the king.

By the same writ.