1366-09-30, Westminster

To Ralph Spigurnell constable of Dovorre castle and warden of the Ports. Order to survey the defects of the said castle as well houses, walls, turrets, the church, chapel, belfry, hall and other and the windows, glazing and doors thereof as in the books, ornaments and fittings of the said church and chapel, in the arms, armour, bows, arrows, cross bows, engines of war other things needful for furnishing the same, and cause them from to time to be repaired as need shall be by view and testimony the abbot of St. Radegund and of the master of the Maison Dieu or of one of them, and wood for making bows and crossbows, for cleaning armour, chests for keeping the books, vestments ornaments of the said church, and other things needful to be bought purveyed by view and testimony of the persons aforesaid; as king is informed that such defects are many. By K, ITI. 237 MEMBRANFP 15. Proceedings in a parliament holden at Westminster 4 May Edward IIT and before the council, between Elizabeth wife of Nicholas Daudeleye and Sir James Daudeleye father of the said Whereas the said Elizabeth, pleading before the king in shewed that the said Sir James by deed indented between him and Dame Alice de Beaumont countess of Bogham of the said Elizabeth granted to the said Alice the marriage the said Nicholas to marry him to the said Elizabeth, granting that would enfeoff the said Nicholas and Elizabeth of 200 marks of in Monynton, Dilwe and Fordeshome if so much there were, if not of his heritage of Audeley elsewhere, to them and the heirs their bodies, and the reversion of 200 marks of land which should to the said James after the decease of Sir Philip de Colufmbers Dame Eleanor his wife, or after the decease of Dame de Wateville, that if the said Philip and Eleanor or the said dame should die six years the said James should have the reversions aforesaid that term, and granting further that he would make a feoffment estate of all the residue of his heritage in demesne and reversion to certain persons in fee simple, taking again estate to him the said James and the heirs of his body, remainder for lack of such issue to his right heirs; and the said Elizabeth said that the tenements which and the said Nicholas have of the gift of the said James Monynton, Dilwe and Fordeshome are worth but 1201. year and no more, that by the feofiment by the said James when they the said Nicholas and Elizabeth were within the age twelve years, he reserved to himself 20/. a year of the same, and ofttimes required to grant the reversion of the land aforesaid would do none of it, which land they the said Nicholas and Elizabeth to have had after the death of Dame Eleanor de Columbers, survived Sir Philip her husband and died in the 16th year of the king, to wit after the term of six years above mentioned, and have none of it, and likewise the said James would make no of the residue of his inheritance as in the indenture agreed, she prayed the king for aid and remedy. And thereupon caused the said Sir James to come before the council, to wit the treasurer, justices and other wise men assembled in the Star near the receipt at Westminster on the morrow of the and there the said Elizabeth [shewed] her said grievances the indenture aforesaid, dated the manor of Whitewyk Monday St. Luke 15 Edward III, and prayed for redress ; andthe said - James submitted himself therein to the order of the king and council, so did the said Elizabeth ; and as Sir James was not then fully to answer to the said grievances, at his prayer a day was to the parties on the morrow of St. John, and at his prayer was granted licence to make answer by attorney. On which day said Elizabeth came in person before the council, and Sir James David de Hanmer and others his attorneys, bearing a letter patent follows] of James Daudeley lord of Red Castle and of Heley, dated May 40 Edward III, naming Fulk Corbet, the said David, Robert and John Mareschall his attorneys, with proviso that the earl of be present and assent to the order of council; and the said shewed the grievances suffered by herself and her husband to the said indenture, and the indenture witnessing the above rehearsed, praying for redress, and the said attorneys Sir James answered nought save that they would not answer but presence of the earl of Arundell ; and they were told by the council when a man submits himself to the order of the king or council is not lawful nor reasonable that any be added to the council by name but such as the king pleases, and moreover it is put on by the chancellor, the treasurer and all the council that James submitted himself wholly as aforesaid, and after prayed that said earl might be one of them, and the chancellor said that the was of the council and his presence would please him well, and shewed the earl's letter to him addressed witnessing that earl was required to be in the council that day in aid of this and excused himself that he might not be there, praying that council would make order therein notwithstanding his absence, he would assent to the said chancellor's will and order; and attorneys were asked by the council at their peril whether would make further answer or no, and they said they would ; wherefore the said Elizabeth craved judgment and redress of grievances with damages inasmuch as no answer is made to her for that by no law may a party reasonably put to answer another compelled to answer and defend himself if he will not so do; and council being advised that they may not well make an end without the king, sent to him the whole process to know his will therewho addressed his writ of privy seal to the chancellor and commanding them to proceed to final debate of the business to the submission aforesaid, and he would confirm what should do ;_ by virtue of which command and of the said submisthe chancellor and treasurer caused the justices, serjeants and of the council to assemble, before whom the said process and were read and examined, and after deliberation had it was that all the covenants in the said indenture contained the 400 marks of land which the said Sir Nicholas and Elizabeth have were to be performed by Sir James before Michaelmas on pain of 6,000/. to be paid to the king, and that he should to Sir Nicholas and Elizabeth full damages for that they were not neither in respect of the said tenements in demesne at any save of 100/. a year, nor of any of the tenements in reversion that Sir James had power to perform the same after the reversions in, and in case Sir James should no longer have power to fulfil those as at the time the indenture was made, he should on the pain substitute other lands of as great value and in as sure manner therein contained ; and whereas full information may not yet be of the amount of the said damages, it was agreed that the execution be stayed until the quinzaine of Michaelmas next, and the Elizabeth was told to come before the council at that time to them of such damages and receive their award in that behalf in regard to her other grievances. On which day came as well said James as the said Elizabeth in person in the chamber aforesaid, by accord between them made before the chancellor, the treasurer, justices and others of the council it is agreed that the said Nicholas and Elizabeth shall hold the tenements in Monyton, and Fordeshome as of the value of 200 marks of land as they the same before the above award, discharged of the arrears of rent of 207. thereof reserved to the said James, that Sir James, his wife, James and Thomas their sons shall before the month Easter next by fines, deeds, records and licences of the king if need ITI. 239 make to them for their lives as sure an estate as they may of the that was of Sir William Martyn to the value of 120/. a year ; that Sir James shall pay them 1,000 marks for damages; and Sir James granted before the said council that he would make alienation nor demise of his lands and no waste of his woods save needful and reasonable cause to be certified to the chancellor for time being, the duke of Lancastre and the earl of Arondell and to by them, and that in case of default in the performance these things the judgment against him rendered on the morrow of John last for the said Elizabeth should be executed in all points, her damages should be declared. French.