1316-12-16, Clipston

To the bailiff of Holdernesse. Whereas dissension has arisen between certain of the bonds (de bondis) of the manor of Brustwyk by reason of the contrariety of two customs in that manor, to wit certain of them asserting the custom to be that when any tenant in bondage dies, his wife, if she survive, ought to hold her husband's tenements in bondage for her lifetime without paying any fine or relief for the tenements after her husband's death, and if she take a second husband, then the second husband ought to make fine for entry and for marrying the widow, and that the second husband ought to hold the tenements in bondage for all his life, although his wife die before him; other of the bonds alleging, on the contrary, that there is no such custom there, but another custom that after the death of the woman thus married to a second husband, the heirs of her first husband ought to be admitted to make fine for their ancestors tenements, and that the second husband ought to be amoved from such tenements after his wife's death, and the tenements ought to be delivered to the heirs of the first husband by such fine ; the king appointed John de Sutton, Robert le Conestable of Holdernesse, and Walter de Goushill, bailiff of the aforesaid manor, or two of them, to enquire concerning the customs by the oaths of the freemen and bonds of that manor and of all the towns pertaining to it, in the presence . 387 Membranes 17, 16 whom the matter concerns; by which inquisition it was found that times of the earls of Albemarle and lords of Holdernesse, and in past a custom was always used in the manor and the towns pertaining that when a tenant in bondage died, his wife, if she survived, should for life her husband's tenements in bondage without paying any fine after her husband's death, and if she took a second husband, and died, the heirs of her first husband ought to be admitted to make for their ancestors tenement, and that the second husband ought to amoved from the tenements after his wife's death; and afterwards, certain of the bonds and second husbands appeared before the king asserted that they have long held their tenements in the manor in by the other custom, and that there are more in the manor who by the same custom as they do than hold by the custom found by the inquisition, the king, wishing to be certified what number of bonds by one custom and what by the other, and if the second husbands the first husbund s tenements after the death of their wives hold by default or negligence of the heirs of the first husband, to wit for reason that the heirs were unable to do the services therefor due, or they did not demand the land after the wives deaths, or otherwise, if such heirs being so unable or negligent ought to be afterwards to make fine for the tenements held by the second husbands through default or negligence, or if the second husbands ought to hold them life, and how many second husbands thus hold by default or negligence heirs, ordered the aforesaid John, Robert, and Walter to enquir these points; by which inquisition it was found that there ar: in the manor holding by the custom found by the first inquisition thaz other, and that the heirs of the first husbands ought to be admittec fine for their ancestors tenements after the death of the wives sc to second husbands, if they came soon (recenter) after the of the wives, and if they were able to do the services, otherwise they not to be admitted to make fine; tie king, considering by himself and council that it is more reasonable and expedient that the custom for the of the first husband should be observed at his will, orders the bailiff that custom henceforth in the manvr, unless ordered otherwise king. By C. the sheriff of Norfolk and Suffolk. At the complaint of Aymer de citizen of Bordeaux, and of Arnold Dosynghone, citizen of Bazas that whereas they lately caused a ship called Bona Navis de la to be Jaden at Bordeaux with 86 tuns and 25 pipes of wine for the of bringing the same to this realm to trade therewith, certain took the said ship, laden with wines and other goods and merof divers merchants, by force and arms on the sea coast near the of Thanet, and carried her and her cargo away, the king ordered the of Kent to enquire by the oath of natives and aliens concerning the of the same; by which inquisition it was found that John Crabbe other malefactors of Flanders tock by force and arms the said ship, with 86 tuns and 25 pipes of wine, price 788/. sterling, each tun at 8/. each pipe at 4/., at La (ste) Dunes on the coast on her voyage to London, carried her away with her tackle, chests, beds, and other small things to John Springer, the owner of the ship, price 210 marks, dethe said wines, whereof 43 tuns and 13 pipes belong to the aforesaid 43 tuns and 12 pipes to the aforesaid Arnold, and the rest of the to the aforesaid John and the mariners of the ship, as John Dosingbrother of Arnold, has acknowledged before the king's council; the commences here. BB 2 king, wishing to aid Arnald in recovering the 43 tuns and 12 pipes, appraised at 392/., orders the sheriff to arrest goods of the merchants of the count's power and of the community of Flanders to the value of 300Z. sterling, in part payment of the above sum, and to keep them safely until Arnald have been satisfied for that amount, certifying the king of his proceedings herein. The king has ordered goods to be arrested elsewhere for the balance. By C. The like to the sheriff of Lincoln to arrest goods to the value of 92 . in favour of Arnald. The like to the sheriffs of London to arrest goods to the value of 300J. in favour of Aymer. The like to the sheriff of Lincoln to arrest goods to the value of 96. in favour of Aymer.