1278-01-04, London

Inspeximus of the record and process of a plea before the justices at Westminster between the abbot of St, Mary's, York, and Roger, bishop of Norwich, touching the advowson of the church of Banham. The bishop was summoned to answer the abbot why he refused to admit a fit parson at the presentation of the abbot, the latter having deraigned the advciwson of the said church in the king's court before John de Lovetoft at Norwich against John le Mareschal, and recovered the same against him by a jury on 2 January, 4 Edward I. before the said John de Lovetoft at Norwich. On Friday after the Circumcision of that year the abbot bi'ought to the bishop in his manor of Suthelmham his writ of judgment for the bishop to admit a parson at the abbot's presentation, and presented to him on the same day a clerk, to wit, Philip de Wilegheby, but the bishop refused. The bishop answers that he refused because he had already, by authority of the council, after the lapse of half a year, to wit, on the eve of St. Thomas the Apostle, a half year after the death of Reiner de Florencia, presented one of his own clerks, as he well might. And this is plain, because he says that the church of Wilgheby, whereof the abbot is patron, fell void after the death of Reiner, who was admitted thereto at the presentation of the abbot, and his successor admitted on the abbot's presentation whereby it is plain that the church of Banham also fell void. The bishop's attorney, being asked on what day the abbot presented to the bishop for admission to the church of Banham Peter the monk, his clerk, who was presented before Philip de Wilgheby, says it was the 5 Kal, April, 3 Edward I. The abbot acknowledges this, and says that Reiner was then alive, but because he was informed that Reiner had taken a wife, he presented Peter as though the church were void of right. and for the same reason he presented Nicholas de Capella, the bishop's clerk, to the church of Wilgheby. But the bishop says that on the said 5 Kal. April Reiner was dead, and offers that this should be proved by the country. The abbot says there should be no verification by the country because Reiner died beyond seas, and this he is ready to prove by suflBcient witnesses of the death, and he produces fourteen persons who swear that Reiner was alive on that day. And because the bishop has no proof to the contrary, and in any case the. 251