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Folios: 139-140v. Bedfordshire. Inspeximus of certain documents. First party: Richard...

Catalogue reference: DL 42/2/11/1

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This record is about the Folios: 139-140v. Bedfordshire. Inspeximus of certain documents. First party: Richard... dating from 1391 Dec 8 in the series Duchy of Lancaster: Cartularies, Enrolments, Surveys and other Miscellaneous Books. It is held at The National Archives, Kew.

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Reference
DL 42/2/11/1
Date
1391 Dec 8
Description

Folios: 139-140v. Bedfordshire. Inspeximus of certain documents.

First party: Richard II.

Second party: At the request of Henry, earl of Derby [Henry of Bolingbroke].

Place or subject: 1. The tenor of a foot of a certain fine levied in the court of King John by his writ in the quindene of Easter in 12 John between Robert de Braybroc Braybrooke], querent, and Wischard Leydet and Margery, his wife, deforciants, concerning the manor of Sutton with appurtenances. 2. The tenor of a foot of a certain fine levied in the court of Edward II, late king of England, great-grandfather of the present king, before William de Bereford and his fellow justices of the Bench, by his writ in the quindene of Trinity, 8 Edw. II, between Alice la Latymer [Latimer], querent, and John de Kynardesey, clerk, deforciant, concerning the manor of Sutton with appurtenances. 3. The tenor of record and process of a dispute which was before Robert de Hengham and his fellow justices of Edward I of the Bench in Hilary term, 35 Edw. I, by his writ, between Thomas le Latymer and Alice, formerly wife of William le Latymer, on account that Alice might permit Thomas to present a suitable person to the church of Sutton by Bycleswade [Biggleswade]. 1. Whereupon a plea of covenant was summoned between them in court, namely that Wischard and Margery acknowledged the whole of that manor with the advowson of the church and all other appurtenances to be the right of Robert. To hold to Robert and his heirs of Wischard and Margery and her heirs forever, doing the service of half a knight for all service, excepting homages and services of freeholders of Wischard and Margery from Stratton and Hulmo [Holme], which are members of the manor of Sutton, all of which homages and services are to remain to Wischard and Margery and her heirs Margery forever. For this concord Robert gave Wischard and Margery three marks in addition to the money which Robert acquitted Wischard and Margery against the Jews of Bedeford [Bedford]. 2. Whereupon a plea of covenant was summoned between them in court, namely that Alice acknowledged the manor to be the right of John, as that which he has from her gift. For this concord John granted the manor to Alice and handed it over in the same court. To hold to Alice of the king and his heirs by the services which pertain to that manor during the whole of her life. And after her death, the manor will entirely remain to Nicholas le Latymer and his heirs in tail. If it happens thar Nicholas dies without heirs in tail, then after his death the manor will remain to Thomas, earl of Lancaster, and his heirs. 3. The same Thomas says by his attorney that a certain Christiana presented to that church in peacetime during the time of Henry III a certain Master John de Holteby, her clerk, who was admitted and instituted at her presentation. And from Christiana the right of presentation descended to Wischard as her son and heir, and from Wischard to a certain Walter as son and heir, and from Walter to Alice and to a certain Christiana as daughters and heirs. That church being vacant by John's death, both Alice and Christiana, together with William le Latymer, Alice's husband, in common presented to that church in the time of peace of the present king a certain Richard de Thorp, their clerk, who was admitted and instituted at their presentation. And from Christiana the right of presentation of her share descended to this Thomas as son and heir. And afterwards, the same church being vacant by Richard's death, William le Latymer and Alice, with the assent of Thomas, son of Christiana, presented to the same church in the time of peace of the present king a certain William de Corby, their clerk, who was admitted and instituted at their presentation, by whose resignation the church is now void, and by this reason the right of presentation pertains to Thomas, but Alice unjustly impedes him. And he thereupon produces suit. And Alice comes by her attorney and defends the force and injury. And he acknowledged that Alice and Christiana, together with William, presented jointly to that church this Richard de Thorp, their clerk, but says that, whereas Thomas asserts in his account that William le Latymer and Alice, with the assent of Thomas, separately presented to William de Corby, their clerk, they did not present him alone. William le Latymer, Alice and Thomas presented William de Corby together and for this reason it belongs Alice at present to present to the church in common with Thomas. And Thomas says that William le Latymer and Alice presented William de Corby alone with his assent and not in common with him, and he seeks that this be inquired into by jury. And Alice does similarly. Therefore, the sheriff is ordered to cause twelve men etc. to come in fifteen days after Easter. Afterwards, in the quindene after Trinity, 1 Edw. II, the parties came and the jurors, chosen by the consent of the parties, say upon their oath that William and Alice presented alone to the church of Sutton one William de Corby, who was admitted and instituted at their presentation with Thomas's assent and not in common with him. The jurors also say that the church is worth yearly twenty marks. And that at the time when Thomas brought his writ against Alice that permits him to present to the church, the same church was fully inducted with William as parson. And they say that J. bishop of Lincoln [John Dalderby], by reason of a contention moved between the patrons of that church, granted it to a certain William de Borewell who, six weeks ago by royal power, removed William de Corby from that church. William de Borewell is now incumbent in possession of the same church. And the jurors, having been asked if the bishop denounced Thomas and Alice, who presented to that church before he had granted it, say that they were not asked if Alice presented any person to that church, but they say that afterwards he agreed that Thomas be impeded from presenting. And because it is found by the jury that William and Alice presented William de Corby, who was admitted etc., to the church solely with the assent of Thomas by reason of the first turn falling to her, and not in common with Thomas, as Alice says, it is considered that Thomas should recover his presentation and that Alice should be in mercy. And Thomas is to have a writ to the bishop of Lincoln that, notwithstanding Alice's claim, he is to admit a suitable person to that church, and that Thomas should recover his damages to the value of the church over two years, namely forty marks by assessment of the jurors, damages of forty marks, whereupon 110 marks.

County: [Bedfordshire].

Additional people: 1. Made before king, Simon de Paterhull [Pattishall], James de Poterna [Potterne], Henry de Ponte Aldemer [Pont-Audemer[, and Robert de Aumary, justices. Robert de Braybroc nominates Henry, his son, as his attorney, and Wischard and Margery appoint Herbert de Eketon as their attorney. 2. Made before William de Bereford, Lambert de Trykyngham [Threekingham], John de Benstede, Henry Lescrop, William Inge and John Bacun, justices.

Dated at Westminster.

8 Dec 15 Ric II.

Held by
The National Archives, Kew
Legal status
Not Public Record(s)
Language
Latin
Closure status
Open Document, Open Description
Record URL
https://beta.nationalarchives.gov.uk/catalogue/id/C19719376/

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Series information

DL 42

Duchy of Lancaster: Cartularies, Enrolments, Surveys and other Miscellaneous Books

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