Folios: 321v-323v. County of Yorkshire. Pleas of claims of liberties and quittances...

Folios: 321v-323v. County of Yorkshire. Pleas of claims of liberties and quittances at Pikeryng [Pickering] before Richard de Wylughby [Willoughby], Robert de Hungerford and John de Hambury, justices itinerant assigned for pleas of the forest in the forest of Henry, earl of Lancaster, of Pikeryng [Pickering]:

The bailiffs and commonalty of the borough of Scardeburgh [Scarborough]: the bailiffs and commonalty seek that, according to the allowance made to them at another time, the justices should come to Scarborough to hear and determine all pleas and complaints of the forest, and if any of the said burgesses stood trial, or were indicted or attached for hunting or another trespass by the oath of 36 men before any justices of the forest, unless they were found by the verderers or foresters with stolen goods, as they claim above, etc. And because the record has been inspected, it is found that the burgesses were admitted to defend themselves for the trespass of hunting by the oath of 36 men before the justices of the forest, as they claim above, therefore, as regards this and the rest of their claims, etc, they are to have liberty thereupon. And upon this came William, son of Roger the Carpenter the elder, John, son of Roger atte Crosse, William, son of Alan Carter, and Reynold Lygard of Scarborough, stating that they are burgesses of the same town, about which it is presented in this forthcoming eyre, and it is found by the foresters and verderers that William, son of Roger the Carpenter and the others, on Wednesday next before the feast of Pentecost, 4 Edw. II, came in the said forest, namely in the hay of Scalby, with bows, arrows, crossbows and five greyhounds, two of which were black and two white and one red, and they took there two male fallow deer and one stag aged four years and carried away that hunt with them and did their will therewith, and immediately they fled. And they say that, according to the liberty of the said vill allowed to them in this eyre, they are ready to defend themselves, namely each of them by 36 men, and they seek admission to this. And because the ministers of this forest bear witness that William son of Roger and the others are burgesses of the said vill, and it is not found that they were taken with stolen goods by the foresters and verderers. Therefore William son of Roger and the others are admitted to defend themselves in the said form, namely each of them by 36 men, etc.

The abbot of Whiteby [Whitby]: the abbot claims that the itinerant justices in Yorkshire taking the pleas of the forest are to come within their liberty of Whitby to hear and determine pleas of the forest and matters concerning their men and tenants there forever, and not elsewhere. And he says that William, late king of England, progenitor of the present king, gave and by his charter confirmed to the church of Whitby, Serlo, then being prior of the same place, predecessor of the present abbot, and to the monks of the same place forever all the liberties and free customs which royal power can give more freely to the church. And he prohibited anyone from interfering, upon their forfeiture, [in these matters], or about other ecclesiastical or lay possessions or anything which pertains to the church of Whitby, unless the monks and their bailiffs and ministers make provision, etc. Which same gift and confirmation the present king has, by his charter, approved and ratified for himself and his heirs, as far as it is in him, and he granted and confirmed [these liberties] to the abbot and monks and their successors amongst other liberties, granted by charters of certain kings of England, etc, as the charter of the present king reasonably bears witness, and just as the abbot and monks and their predecessors reasonably used and enjoyed the said liberties. Whereupon he says that, by virtue of the said charter, the same prior, Serlo, and after him all his successors, made abbots by the creation of then archbishop of York, predecessors of the current abbot, were seised of these liberties, and that the itinerant justices in Yorkshire taking the pleas of the forest came within their liberty of Whitby to hear and determine pleas of the forest, as is aforesaid, and they similarly say that by virtue of the same charter and liberties William Wyther and Roger Brabazon, then justices itinerant, came in this forest, at the time of Edmund, late earl of Lancaster, father of the now earl, in 16 Edw. I, once their liberty had been allowed, to hear and determine pleas of the forest concenring the same abbot, his men and tenants there, and they heard and determined them there, and this he is ready to verify by the record of the rolls of the said justices from the said time, or otherwise by the ministers of this forest, as the court will consider, etc. And he seeks according to his said liberty and by virtue of the said gift, grant and confirmation, and similarly by the fact that he, in the last eyre, experienced that the said justices would assign a day and place for his appearance within his liberty to hear and determine pleas of the forest concerning the same abbot, his men and tenants there, just as these justices have been accustomed to come. And he produces a writ of the king directed to the said justices [recited], commanding the justices that they allow him to enjoy his liberties, which writ is witnessed by the king at Westminster on 18 September, 8 Edw. III. And because the same justices are not yet informed by the last eyre or by the record or otherwise concerning the allowance of the claim of the said abbot, a day is given to him here on Monday next after the feast of St Gregory the Pope in the same state as it is now. In the meantime the rolls of the justices of the last eyre of this forest are to examined. On which day at Pikeryng [Pickering], before the said Richard de Wylughby and John de Hambury the said abbot came by Thomas Bret, his attorney, and produced a writ directed to the justices [recited]. Whereas William, late king of England, by diverse his charters gave and confirmed to the church of Whitby and Serlo, the then prior, and the monks of the same place liberties and free customs, etc, and that they should have at the said church such laws and customs as the church of St John of Beverley, the church of Ripon and that of St Peter, York, have, etc, the justices are to examine the rolls and memoranda of other eyres and inquire into their liberties. Which writ was witnessed at Cowyk [Cowick on 12 May, 9 Edw. III. And he seeks that an inquisition is taken as to the truth, etc.

Held on: Monday next after Michaelmas 8 Edw III.