1355-11-23, Westminster

To Richard de la Bere, escheator in the county of Hereford. Order to take the fealty of Juliana late the wife of John Talbot of Richard's Castle, in accordance with the form of a schedule enclosed, and not to intermeddle further with Richard's Castle with appurtenances, the advowson of the chureh there and the manor of Blethewagh in the cantred of Meleneth with appurtenances, which are held in chief, delivering to her the issues thereof from the time of John's death, as the king has learned by inquisition taken by the escheator that John at his death held the premises jointly with Juliana, to themselves and the heirs of their bodies, by a fine levied in the king's court. To Leo de Perton, escheator in the county of Worcester. Like order not to intermeddle further with the manors of Coterugge and Wychebaut and a moiety of the manors of Karledone and Houme, as the king has learned by inquisition taken by the escheator that John Talbot of Richard's Castle, at his death, held the said manors and moiety which are held in chief, jointly, etc. as above, and the king has ordered the escheator in the county of Hereford to take Juliana's fealty. To Hugh fitz Symon, escheator in Essex. Like order not to intermeddle further with the manor of Wodham and the manor of Hobrugge in Witham, as the king has learned by inquisition taken by the escheator that John Talbot of Richard's Castle at his death held the said manors jointly, etc. as above, and that the manors were held of another than the king. Enrolment of pleas in chancery at Westminster on the morrow of the Purification 29 Edward III. The king ordered the sheriff of Northumberland by writ dated Westminster, 24 October in the 28th year of the reign, to notify John de Monte Acuto, knight, now tenant of the castle and manor of Werk upon Tweed, to be in chancery on the morrow of the Purification following to show cause why the said castle and manor should not be taken into the king's hand and delivered to Gerard Salvayn, son and heir of Margaret, wife of John Salvayn, daughter and one of the heirs of Robert de Ros of Werk, a Scot and rebel against Edward I, and further to do and receive what the king's court should determine, as among certain conditions which King Edward I with the assent of the earls, barons and other lieges then with him in Scotland, granted to John Comyn of Badenagh for himself and the men of Scotland then in war against that king, he granted that John and the said men should be safe in life and limb and quit of imprisonment, that they should not be disinherited, that their heirs then under age should enjoy the same conditions, and John Salvayn aforesaid and John de Knokkes, who married Isabel, younger daughter and the other heir of the said Robert, often approached the late king and asserted that Margaret and Isabel were under age at the time of the said grant, and ought to enjoy the said conditions, and petitioned the late king that the lands which belonged to Robert might be restored to them in accordance Tested by the king, as are the following entries. . 169 those conditions, offering to that king the homage and fealty due, and that Margaret and Isabel, who were born and baptised in and had proved their ages before William de Bevercotes, the in Scotland, were minors at the time of the grant, took the of John Salvayn for the purparty falling to Margaret of all the which Robert held of Edward I in chief on the day when he that king's enemies in Scotland, and rendered that purparty to and Margaret, wherefore on 20 February in the 7th year of his the late king ordered John de Ever, escheator beyond Trent, to make partition of all the said lands in the presence of the heirs and if they chose to attend, into two equal parts, and to cause John and Margaret as the eldest to have seisin of the purparty falling retaining in the king's hand until further order the purparty to John de Knokkes and Isabel, and Gerard son of Margaret, having survived Isabel who died without an heir of her it is said, petitioned the king to order the said castle and manor delivered to him, as the said castle and manor, which Robert when he joined the Scots, were parcel of the said inheritance and were into the then king's hand by reason of the said defection, and John Margaret and Isabel died before the said partition was made, and and manor had not hitherto been delivered to John Salvayn, and Isabel, or to any of their heirs; and on the said day the sheriff returned that he had notified the said John de Monte to be in chancery to show cause etc. as aforesaid, by Robert del Milne son of John de Werk, and that day both Gerard and John came and Gerard, to maintain his writ and suit, proffers the said of peace now exemplified under the great seal in these words : pacis Scocie in adventu Johannis Comyn et aliorum. Ces les choses accordez entre monsieur Richard de Burgh counte monsieur Eymer de Valence, seigneur de Montynak, monsieur de Percy, chivaler, et Johan de Bensted, clere, pour notre sire par la grace de dieu Roi dengleterre, seigneur dirlande et ducs dune part et monsieur Johan Comyn de Badenagh pour lui touz ses eidantz descoce auxibien ceux gi sont la outre come qi sont pardecea dautre, les queux choses les avantditz conte Eymer, et Johan de Benstede en noun du dit Roi et lavantdit Johan ensemblement ove monsieur Esmon Comyn de Wilbrid, monsieur de Graham, monsieur Johan de Vaux, monsieur Godefrey de Ros, Johan de Mavxewelle, leisne, monsieur Piers de Prendregest, Wauter de Berkeleye de Kerdaan, monsieur Hugh de Erth, William de Evth, monsieur James de Ros, et monsieur Wauter chivalers pour eux et pour touz leur eidantz Descoce que pees et a la foi du dit Roi voudrent estre, ont jurez a tener et loiaument. Primerement est accordez que toute manere des descoce qi ove le dit Johan Comyn vendrent a la pees notre le Roi avantdit, forsprises aucunes persones qi sont cy apres soient receuz as condicions gi sensuent, cestassavoir ge sauvez soient vie et membre, qils soient quites denprisonement et qils ne desheritez issint ge de leur raunceon et des amendvs des trespas ont faitz soulement a notre seigneur le Roi, et del establissement de descoce ils estoisent as ordinances; et est entenduz qe les qe sont deinz age deivent joir de meismes ses condicions quant de vie et de membre et quant a quitance denprisonement et esterront de leur raunceon et de totes autres choses que notre seigneur le Roi en ordeinera a son proschein parlement, et demorront totes les fermetez qe sont ore endroit en la seigneur le Roi et des soens en la tenance gil sont or jesges parlement, sique le dit Roi en ordeiygne sa volente a celle daucuns qi demorrent plus longem nt en sa main sicome il est et ce doit faire la garde des ditz fermetez parmy le choses appurtenantz ou en autre manere covenable as custages de ceux as elles serront rendues, et devient ensement les prises de guerre estre de dune part et dautre forspris monsieur Herbert de Morham et son et tut aussint se deivent deliverer touz ceux qi sont en hostage raunceon des gentz du dit Rot qont este pris par les gentz de tieu manere qe ce paie est de meisme la raunceon paiez soit sanz et quant a ce gen est ariere deivent les hostages et touz ceux ils feurent liverez estre de tout en tout quites et delivres dune dautre les persones forsprises sicome est dessus dit, sont Robert ev Glasgu, monsieur James seneschal descoce, monsieur Johan de monsieur David de Graham, monsieur Alisandre de Lyndeseye, Simond Fraser, Thomas de Boys et Monsieur William le Wa il est acorde ge meisme levesque come de son corps et de a poraute ct le dil seneschal et monsiteur Johan de Soules soient condicions de ceux de Comyn sicome est desus dit et outre ce Z evil par deux aunz hors descoce et pardela Trente, et demoerge chastele du dit seneschal en la mayn notre seigneur le Roi durant et se face la garde as costages de meisme le seneschal en la desusdit ; endroit de monsieur David de Graham et monsieur A de Lyndeseye acorde est qils soient aussint as condicions de ceux de Ci sicome est avantdit et outre ce tieynent exil hors descoce pardemy cestassaver le dit David dela leawe de Twede et le dit Ali pardela Trente, et quant a monsieur Simond Fraser et Thomas du est acorde qils soient ensement as condicions de ceux de Comyn est desusdit et outre ce tieqnent exil- par trois ans de la notre seigneur le Roi avantdit et hors de poair le Roi de Fraunce, aussint sils ne puissent autre grace trover en le meen temps; et quant a monsiur William de Galeis est acorde gil se mette en la volente et en la grace notre seigneur le Toi si lui semble ge bon soit; dk chief est acorde ge les evesques de Seint Andreu et de Dunkeldyn_ et le counte de Boghan, le seneschal descoce, monsieur John de Soules, monsieur Ingelram de Umframvill et les autres gentz Descose gi sont la cutre viegnent a la pees notre seigneur le Rot avantdit dedeinz la quinzeme de ceste Pasque proschein si leur semble ge bon soit, et soient receu en la forme desusdit, chescun solone sa condicion et selone son estat; dautre part fino Johan Comyn doit estre a notre seigneur le Roi a Dunfermel yn yce proschein dymeigne ensemblement ove touz ceux de son acord qi lors y pourront estre pour Faire leur homages et leur foiautes sicome il affiert, et ceux gi ne pourront estre a celle heure pour certein essoigne deivent venir apres par sufjiceant conduit a plus tost qils pourront pour obeier et pour estre receu en la forme avantdite, et fait assaver ge les avantditz counte Dulvestre, Eymer, Henry et Johan de Benstede ount promys en bone foi gils mettront leur loiale peine envers notre seigneur le foi avantdit gil voille par ses lettres overtes ratefier cest acord en touz point: quele heure ge le dit Johan Comyn et les autres qi ove lui vendront stcome est avantdit, averont fait leur homages et serementz de foiaute en due manere, en tesmoignance de queux choses est ceste endenture faite dont lune partie demoert devers le dit notre-seigneur le Roi sealee du seal au monsieur Johan Comyn et de monsieur Esmon Comyn, monsieur de Graham et de monsieur Johan de Vaus, et lautre devers me . 171 Johan Comyn seale des sealx as ditz counte Dulvestre, Henry et Johan de Benstede, Done a Strathorde le noefisme Fevrier lan du regne notre seigneur le Rot avantdit trentisme [Rot. Parl. I, p. 212.) alia ordinacio pacis dicte terre Scocie facta postea apud West- Edward par la grace de dieu Roi dengleterre, seiyneur et ducs daquitayne a tous ceux qi cestes presentes lettres verront saluz: A perpetuele memoire des choses souzescriptes par lettres vous fesons assavoir ge come les gentz de notre apres ce qils feurent a notre homage et ligeance et liez a serment de foiaute et par escript, et en autre manere tant come nous et notre conseil savions ordiner et charger se contre nous par mauveis conseil et meussent guerre en fesant arsons, homicides, felonies et pluseurs autres mau et damages poair en notre dite terre descoce et aussi en partie en Engleterre leur homayes foiautes et ligeances avantdites, et puis pluseurs de a notre foi et a notre obéissance et feassent receuz a pees et a notre volente et des darreins Johan Comyn, sieur de chivaler, et les autres qi a celle heure ove lui tyndrent venissent et feussent receuz a notre pees et a notre foi en manere de leur ranceons et des amendes de trespas et doutrages faitz a nous et del establissement de la terre descoce esteussent ordinance et a notre volente, nous ja soit ge les despitz, trespas, et desobeissances qe les dites gentz de notre terre descoce nous soient si grantz et tant a charger par reson qils ne purront temps de ce faire sufficeantes amendes ne due satisfaction sicome sont bien reconissantz et tout ne voillions sicome nous ne tieux despitz, trespas, outrages, et desobeissances soeffrir a passer punissement, nemye pour ce nous eantz regard a ce qe les de notre dite terre descoce se sont bien et loiaument porte: devers notre darrein partir de celles parties et pour lesperance ge nous de leur bon port et de leur bon service en temps avenir veulliantz faire grace especiale leur avons grante et grantons ge sauvez leur vie et membre et gintes soient demprisonement et de desheriteison totes voles a nous les terres, tenementz et les fies qe Johan jadis Roi descoce dona et aliena de les demeines apurtenantz roiaute descoce, a faire de cy notre pleisir, et pardonons et as gentz de lavantdite notre terre Descoce gi sont renuz et receuz pees et a notre fot trespas a nous faitz corrouz, rancour et tote de male veilliance ge nous avons vers eur, ensi totes voies qils tenuz a paier ce qe par nous et notre conseil est ordine selonc dit et notre pronunciacion qi sensuent en ceste forme: adeprimes et pronuncions qe le susditz Johan Comyn et les autres qi vindrent a notre pees et a notre foi parmy les covenantz ge grantez patient pour raunceon et pour amendes de trespas. faitez la value de leur terres et de leur rentes de trois aunz al des novelu chastele qe nous feissons faire en la dite terre pour seurte de meisme la terre et sauvacion de la pees ou a en aulre oeps sicome nous verrons ge soit affaire; et avons ausst et pardonons au dit Johan Comyn et a David de Graham et la demoere qils deivent faire et tenir hors descoce parmy avrantditz; derechief selonc ce ge par nous et notre est ordeine dions et pronuncions ge les gentz descoce qi vindrent pees et a notre foi avant ce ge le dit Johan vint et fut a la dite pees, paient la value de leur terres et de rentes de deux aunz en la forme avantdite, sauve ceux qi purront moustrer qgils en deivent estre quites par notre grant et fait especial; derechief nous dions et pronuncions ge Adam de Gourdon, chivaler, endroit de sa raunceon et des amendes de trespas soit de la condicion Johan Comyn avantdit, cest assaver a paier la value de ses terres et de ses rentes de trois aunz en la manere desus dit; derechief nous dions et pronuncions ge Simon Fraser, chivaler, endroit de sa raunceon et des amendes de trespas soit de meisme la condicion, cest assaver a paier la value de ses terres et de ses rentes de trois aunz en la forme qe dit est; derechef nous dions et pronuncions ge evesques, abbes, priours et autres du clergie de notre dite terre descoce sauve levesque de Glasyu paient pour raunceon et pour amendes de trespas en la dite forme la value de leur terres et de leur rentes dun an, sauve ceux ge purront moustrer par fait especial ou en autre manere qils deivent estre quites; et le dit evesque de Glasgu endroit de sa ranceon et des amendes de trespas doit estre de la condicion le dit Johan Comyn, cest assavoir a paier en la forme qe dit est la value de ses terres et de ses rentes de trois aunz et a meisme levesque avons pardonez lexil et la demoere qil devoit faire et tenir hors descoce parmy les covenances qe grantez lui feurent quant wa vint darreinement a notre pees et a notre foi; derechef quant a Ingelram de Umframvill, William Baillol et Johan Wichard, chivalers, qi poi de temps devant qe ces lettres fewrent faites vindrent a notre pees et a notre volente, dions et pronuncions qe le dit Ingelram paie en la dite forme pow sa raunceon et pour amendes de trespas la value de ses terres et de ses rentes de cynk aunz, et qe meismes ceua William de Baillol et Johan Wichard paient pour meisme la chose en la susdite forme la value de leur terres et de leur rentes de quatre aunz; dere- : chief dions et pronuncions ge Hugh de Ardrossan, Johan de Gourleye, Johan le Naper et Johan Malkilgorgny qi sont de menage les avantditz Ingelram et William et Johan qi a notre pees et a notre volente sont venuz, paient pour leur raunceon et pour amendes des trespas la value de leur terres et de leur rentes de trois aunz; derechief endroit du temps de la manere et des termes du paiement ge se doit faire pour les raunceons et amendes des trespas avant nomez, dions et pronuncions et volons qe notre lieutenant en la dite notre terre descoce et de notre chamberlein de meisme la terre quant ils seront illoeges venuz facent estendre totes les terres de touz ceux gi raunceon deivent paier en bone manere et resonable selone ce qe les terres vaudrent al heure gils les estendront, et selone celles estentes faites soit de cel heure enavant commence affaire lever ce ge afferra a chescun selone sa condicion et son estat, cest assaver qe ceux gen raunceon et en amendes de trespas soient tenuz parmy lordinance ge nous avons fait, dit et pronuncie en la forme avantdite, patient par an as termes usueles celles parties la meite de la value de leur terres et de leur rentes selone les dites estentes et ensi dan en an tange parpaiez soit ce ge a eux appurtient selone lordinance et la proclamation avantdites et lautre moite de la value de leur terres et de leur rentes a eux remeigne et pour leur sustenance; et fait assaver ge notre entencion ne notre volente nest mye ge le dit et la pronunciacion qe nons avons fait en la forme susdite se estendent ow puissent estre estenduz ow entendues endroit de celles persones descoce qi sont en notre prison nendroit des autres qi ne sont unugore venuz ne receus a notre pees ne a notre foi. En tesmoignance de queux choses nous avons fait faire cestes nos lettres overtes. Done a Westmonster le av jour doctobre lan de notre regne trentisme tiercz. [Fadera, I, 974.] i And the said John says that the said exemplification exhibited by Gerard . 173 [ .) an ordinance made by the said earl of Ulster and other magnates at Strathorde, and another ordinance made at Westminster by I and this writ is founded upon one ordinance and upon the other, upon the partition, rendering and livery of the inheritance which to Robert de Roos between Margaret and Isabel, and so the writ and founded upon so many and divers matters that he have his certain answer as is lawful, wherefore he craves judgment the writ; and if it seems to the court that the writ is sufficient, ready to say other things: and he was told by the court to answer if he saw fit, saving to him that challenge, and upon this John says Gerard supposes by his writ that Robert de Roos, his ancestor, Scot, and therefore ought to enjoy the condition and ordinance Robert was a pure Englishman, born at Werk in the said county, allegiance of the king of England, that as to the allegation in the the ordinance extends to the heirs under age nothing is found in the affirmation made by the king; he also says that Robert was of the said castle and manor in his demesne as of fee and was an and liegeman of Edward I long before the beginning of the upon which the peace aforesaid was drawn up, to which war alone ordinance and grant extend, and he eloigned himself from the to his homage and allegiance, joined the Scots as an enemy king and a felon and traitor and so died, without that that he ever to the king's peace or was reconciled, and so he forfeited to the his lands, goods and chattels, by reason of which forfeiture the manor and other lands of Robert were seised into that king's and that king was seised thereof until the 24th year of his reign, at time he granted the castle and manor by charter to William de Ris who continued in seisin thereof until the 33rd year of that and he says that in the said king's parliament, held at Westminster octaves of the Nativity of the Virgin in that year, the said John and Margery, whose son and heir Gerard alleges himself to be, as Robert's daughters and heirs, by means of whom Gerard now sued to the said king by their petition founded upon the ordinance aforesaid, praying him that they might enjoy the said ordinance in regard to the lands which their said father held at the of the said war, into which parliament came William de Roos of then tenant of the said manor of the king's gift, being warned and said for himself and the king that John, Margaret and could claim nothing therein by the mean of Robert as his heirs not to be heard thereupon, for that they then sued for the said as in the right of Margaret and Isabel as Robert's heirs by of an ordinance granted by Edward I to those men of Scotland who to his peace in the last war, and by those words, to wit, that not be disinherited, and they also craved to enjoy that ordinance to the lands which Robert held in England and in Scotland beginning of that war, to which William de Ros said that John, and Isabel ought in no wise to be admitted, for that long before of the war, to which the ordinance extends, Robert became the enemy, joining the Scots, and so forfeited all his lands to the king, never returned to the king's peace, but died a felon and traitor, the king seized his lands and afterwards gave the manor of Werk and he offered to verify this if necessary, and craved judgment the king and for himself; and in the said parliament, after diligent it was recorded that Robert de Ros, long before the beginning war, traitorously eloigned himself from the king, joining the Scots, that he never returned to the king's peace but died an enemy, and after viewing the said ordinance, it seemed to the said king and his council that John, Margaret and Isabel ought not to be heard in their suit by reason of that ordinance, wherefore it was decided by judgment. rendered in that parliament that William de Ros should go thereupon without a day, and that John, Margaret and Isabel should take nothing by their suit, and he produces the tenor of that record and process under the great seal of the said king in the following words [tet follows]; and he says further that William de Roos continued his seisin by virtue of that judgment during the whole of that king's life, and also after his death until the tenth year of the late king's reign, in which he died seised of the castle and manor in his demesne as of fee, and after his death William his son and heir entered the same and was seised thereof until the 11th year of that reign, when he granted the manor and castle to the king to hold for ever, without that that the king or any other save only William de Ros and William his son had anything therein from the time of the grant to William to the time of that enfeofiment, and the said king continued his seisin thereof for his life and died seised thereof, whereby the castle and manor descended to the present king who, with the assent of the prelates, earls, barons and other magnates of England granted the said manor to William de Monte Acuto, with all its appurtenances and all the other lands within its liberty, to hold for his life, and afterwards, by other letters patent, seeing that the castle in the said manor was ruined and broken and that William must incur great expenses in repairing it, because it was situate in the march near Scotland and needed great furnishing for the defence of the manor and lands and of the people of the adjacent parts, the king, on 2 August in the 7th year of the reign, granted that William should have the said castle, manor and lands for life by the service of one knight's fee for all service, with remainder to John and the heirs of his body, or in default of such heirs to the right heirs of William; and he produces the king's letters patent testifying the premises, and says that the said William de Monte Acuto died, and after his death he entered the castle and manor by virtue of that gift and now holds them ; he also says that Margaret and Isabel, after the death of John Salveyn and John de Knokkes, their husbands, joined the king's enemies in Scotland and there married Scotsmen the king's enemies, and had issue, and certain of that issue came with the Scots the king's enemies to Durem in England and were there killed in battle with other enemies, wherefore he craves judgment by reason of the premises and of the judgment rendered as aforesaid which has never been annulled, either by the said ordinance or by any other cause, and he craves that Gerard may be non-suited and that he may depart from the court quit and without a day; and Gerard says that where John de Monte Acuto alleges among other things that Robert de Ros was born in England and so the pardon granted to the Scots could not extend to him, and also John alleged that Margaret, Gerard's mother, and Isabel, his aunt, after the death of John Salveyn and John Knokkes, joined the Scots, and that Isabel had issue who came to Durham and were killed there, and also that William de Ros of Hamelak and William his son continued their estate in the castle and manor long after the said agreement, Gerard does not acknowledge the premises as true, but says that if John de Monte Acuto had taken those allegations, or any of the premises which could be gainsaid, for a plea to bar [ .] his right of action, he would be ready to prove the contrary in what way the court might determine, but for that John has pleaded only the judgment . 175 in parliament, Gerard (protesting that all the premises alleged him are not true) says that he is by law discharged from answering, time of the rendering of the aforesaid judgment the said agreement, alone he bases his suit, was not made, for the judgment, as by the exemplification, was rendered on the octaves of the Nativity Virgin, 383 Edward I, at which date Margaret and Isabel had no action, for that no pardon was made to reinstate those who had been by virtue of their adherence, but only a conference had taken the magnates of England and John Comyn of Badenagh, it was ordained that John Comyn and his adherents should be to the king's peace, but afterwards, on 15 October in the said the said king established a peace between England and Scotland, how the people of Scotland were one time at his peace, and at his by homage and other obligations, as he by his council might and how afterwards they frequently rose against his homage and and some returned to his peace and among the last John Comyn and all his other adherents, and the king, in consideration of conduct of the men of Scotland after his last departure from those and in hope of future good behaviour, granted that his men of generally should be quit of life and members, imprisonment and and pardoned all except those still in prison, even those who had surrendered to his peace, and Margaret and Isabel were not those excepted, because after Robert's death, who was born in they were under age, as appears by the proof of their age made late king's time, when John Salveyn, by virtue of the said ordinance, said king offering his homage, craving that his wife's purparty be delivered to him, and that king received the homage of John for Margaret's purparty by virtue of the ordinance, and ordered that to be delivered to him, retaining in the king's hand the purparty fell to Isabel, wherefore Gerard craves judgment as at the time of whereby Margaret and Isabel were barred from action such did not pertain to them because the said pardon was not then made, ordinance and general pardon was made afterwards and so the title to them after the judgment ; Gerard also says that the said agreepardon is found in the rolls of the parliament of Edward I held at in the 35th year of his reign, and so it is proved that the general was affirmed with the assent of the king, the magnates and comof the realm, because nothing may be enrolled in the parliament what is agreed to by the king, peers and commonalty, wherefore judgment and proffers a transcript of the enrolment of the said under the exchequer seal, which testifies the premises; and Montagu says that because Gerard does not deny that Robert de Werk, his ancestor, joined the Scots long before the war upon which pardon was made, whereby he forfeited all his lands to the king, returned or was reconciled, and by reason of that forfeiture the seised of the said castle and manor and gave them to William de Hamelak as aforesaid, against whom John Salvayn and Margaret his ancestors, sued together with John de Knokkes and Isabel, by in parliament, and William de Ros, then holding the castle and came into the said parliament, and alleged asrecorded above, and he quit by the judgment of parliament and his estate was confirmed judgment, and John and Margaret, John and Isabel took nothing by and Gerard does not deny the continuance of the seisin of de Ros and of William his son nor that the late king nor any other therein until the said feoffment, and the judgment still remains in force, and he alleges nothing except the pardon made to the men o. Scotland which cannot extend to Robert de Ros, who died long before without the allegiance of Edward I, and also shows nothing whereby he can exact any inheritance of lands in England because the said pardon, even though it could avail him, can only extend to lands in Scotland, and as regards the receiving of homage by Edward I, that was only done by false suggestion and by inquisition of office, and it does not lie with Gerard to allege that his present suit was founded on an ordinance after the rendering of judgment in the said parliament, because his said ancestors alleged the same ordinance to have been before the judgment of parliament, and the ordinance and pardon cannot be understood except for one and the same war and upon one and the same matter, he craves judgment as before; and the record and process aforesaid and the reasons alleged by the parties having been diligently examined by the chancellor and treasurer, the justices of both Benches and all the king's council, a day was given to the parties on the quinzaine of Easter following to hear judgment upon the plea, on which day John came before the chancellor and all the council and craved judgment, and Gerard, being solemnly exacted, did not pursue, wherefore it was considered that John should go thereof without a day. Enrolment of pleas at Westminster on the quinzaine of Easter 29 Edward III. The king by a writ dated at Westminster on 20 February in the 29th year of the reign, ordered Queen Philippa or her bailiffs of Tyndale to notify Gerard Salvayn and all others of that liberty who hold lands which belonged to Robert de Ros of Werk, on the day when he joined the Scots against Edward I, to be in chancery on the quinzaine of Easter following to show cause why all those lands should not be taken into the king's hand by reason of Robert's treason and forfeiture and further to do and receive what the king's court should determine, as John Salvayn and Margaret his wife and Isabel, Margaret's sister, Robert's daughters and heirs, petitioned Edward [ in parliament at Westminster in the 83rd year of his reign to restore to them Robert's lands in England and Scotland in accordance with the ordinance made in favour of the Scots who should come to the king's peace, and after a discussion upon the matter by that king and his council it was expressly recorded that Robert joined the Scots long before the beginning of the last war in Scotland and never thereafter returned to the king's peace, wherefore it seemed to the king and council that the said demandants should not be heard in their petition, and it was agreed that they should take nothing by their petition, and now the king has learned that several lands of Robert's inheritance which ought to escheat to the king by reason of Robert's treason, are in the hands of Gerard and some others ; and on the said day came John de Gaunt, who sues for the king, and the bailiff of the liberty of Tyndale returned that he notified Gerard, tenant of the manor of Belestre and of the town of Plemmelore in that liberty, which belonged to Robert at the time of joining the Scots, to be in chancery on the said quinzaine to show cause why the said manor and town should not be taken into the king's hand as aforesaid and further to do and receive ete., by William de Thorngrafton and John de Walton, and that there were no other tenants of other lands which belonged to Robert, of whom he was aware, and on the said quinzaine Gerard came in person, and John de Gaunt for the king proffers the record and process of the aforesaid judgment given in parliament, now exemplified under the great seal, in the following words [tet follows] dated at Westminster on the 13 November, 28 Edward III, . 177 [ .] he crayes for the king that the said manor and town may be seised into hand by reason of Robert's forfeiture ; and Gerard says that the manor and town ought not to be so seised or confiscated, for that I, when in Scotland, granted with the assent of the earls, barons lieges there to John Comyn of Badenagh that he and the men of with him should be safe in life and members, should be quit of and should not be disinherited, and that their heirs under age enjoy the like conditions, and he says that afterwards John Salvayn his wife, eldest daughter of Robert and mother of Gerard, and de Knokkes and Isabel his wife, Robert's second daughter, sued to the asserting that at the time of the said grant they were under age ought to enjoy the said conditions, and they craved restitution of lands from the king, and offered the homage and fealty due therefor, afterwards the said king was certified by William de Bevercotes, then in Scotland, that Margaret and Isabel were born and baptized and had proved their ages before him, and the king took the of John Salvayn for the purparty falling to Margaret of the lands Robert held in chief, and rendered that purparty to John and and on 20 February in the 7th year of his reign that king John de Evere, escheator beyond Trent, to make a partition, and John and Margaret to have seisin of that purparty, retaining in the hand until further order the purparty falling to John de Knokkes and and he says that the manor and town aforesaid were in that manner to John and Margaret with other lands, and he is seised thereof as son and heir, and whereas by the writ of scire facias it is supposed that and Margaret sued with John de Knokkes and Isabel at another time parliament of Edward I in the 83rd year of his reign, that they might enjoy the said ordinance as regards the lands which Robert held and Scotland at the beginning of the war, he says that the suit ought not to prejudice them, for at the time of the judgment agreement of peace was not made, and by the exemplification it is that it was rendered on the octaves of the Nativity of the Virgin, I, whereas the agreement of peace was made on 15 October in that and afterwards Edward I granted that all who rendered themselves peace, except those in his prison, should be quit of life and members not be disinherited, and Margaret and Isabel were not among those and Gerard says that his right accrued ex post facto, to wit by the and pardon aforesaid, which are found enrolled in the rolls of 35 Edward I, of which enrolment he proffers a transcript, he craves judgment; and John de Gaunt for the king says that John Salvayn, Margaret and Isabel, whose heir Gerard alleges to be, founded their right upon Robert, who was a traitor who never to the king's peace, and were disinherited by judgment of parliawhich judgment remains in force and was not annulled by the said or by any other cause, and that ordinance does not extend to lands or to Englishmen, and Gerard alleges nothing except a pardon which cannot extend to Robert, who was a pure Englishman and long before out of the king's allegiance, and it does not le with to allege that the said judgment was made before the ordinance his ancestors by their said petition and suit supposed the contrary, that the ordinance was made before the judgment of parliament, Gerard also alleges for himself the receipt of homage by the king, is worth nothing to him and cannot now prejudice the king because of that homage was only done under false suggestion and by of office, he craves judgment for the king; and the record and process and the allegations of the parties aforesaid having been diligently examined by the chancellor, treasurer, justices of both Benches and all the king's council, it seems to them that notwithstanding Gerard's allegations the king has right to have execution of the said manor and town as confiscate by Robert's forfeiture as his writ supposes, and it is determined that the king shall have execution thereof against him.