Piece
Transferred to SC 5/8/6 and subsequently to C 47/8/1
Catalogue reference: SC 5/8/7
Transferred to SC 5/8/6 and subsequently to C 47/8/1
Item
Men of Scarborough. King and council. The men of Scarborough state that Berwis sued...
Catalogue reference: SC 8/166/8276
What’s it about?
This record is about the Men of Scarborough. King and council. The men of Scarborough state that Berwis sued... dating from [c. 1328] in the series Special Collections: Ancient Petitions. It is held at The National Archives, Kew.
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Full description and record details
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Reference (The unique identifier to the record described, used to order and refer to it)
- SC 8/166/8276
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Date (When the record was created)
- [c. 1328]
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Description (What the record is about)
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- Petitioners
- Men of Scarborough.
- Addressees
- King and council.
- Nature of request
- The men of Scarborough state that Berwis sued a writ of oyer and terminer against certain of them before Scoresburgh and his companions. They were freed by the verdict of the inquest but judgment was delayed, and by a clause contained in the commission, that is, 'to inquire who are the evil-doers' (ad inquirend' qui malefactors), they took an inquest of foreign wapentakes and indicted 22 of the richer and more sufficient merchants of the town of trespass in the franchise, of which the men of the said foreign wapentakes cannot have cognisance according to the law. And the justices distrained them to answer before them, by which they have alleged that they should not be forced to answer by the indictment of foreigners, and have shown the King's charters that no burgess of the town should be attainted by foreigners except only of trespass touching the King himself, but the justices did not allow these. And because no judgment has yet been returned before them, and they always delay by pretence, because the writ to remove the record cannot proceed until judgment is returned, they request, for Wandesford, Aton and others indicted in this manner, a writ to move the process and all business before the King, so that they can be dealt with according to the law.
- Nature of endorsement
- Because it was agreed by the King and council in parliament that all oyer and terminers granted against the form of the Statute, which states that oyers and terminers should not be granted except before the justices of either bench or the justices errant, that those still to be proved should now be repealed, and concerning those which have been proved that the process should come before the justices in the King's Bench, the oyer and terminers touching the abbots of Bury St Edmunds and Abingdon, and those of the ... excepted. If the justices assigned to this oyer and terminer are not of either bench, the oyer and terminer should not be granted by reason of the said complaint, but the parties should be sent before the King's justices and plead according to the form of the said agreement.
- Places mentioned
- Scarborough, [North Riding of Yorkshire]
- Bury St Edmunds, [Suffolk]
- Abingdon, [Berkshire].
- People mentioned
- Alexander de Berwis
- Robert de Scoresburgh
- Hugh de Wandesford
- Robert de Aton.
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Note (Additional information about the record)
- Dated on the guard to c. 1328, with reference to Rot. Parl. vol. II, p. 28 and CPR 1327-30, p. 276, a 1328 commission of oyer and terminer on the complaint of Berwis against the men of Scarborough.
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Held by (Who holds the record)
- The National Archives, Kew
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Legal status (A note as to whether the record being described is a Public Record or not)
- Public Record(s)
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Language (The language of the record)
- French
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Closure status (Whether the record is ‘open’ (available to the public) or ‘closed’ (not available due to a legal exemption))
- Open Document, Open Description
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Publication note(s) (A note of publications related to the record)
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- Calendar of Patent Rolls, Edw III, vol. I, 1327-1330, (Public Record Office, 1891), p.276 (oyer and terminer re complaint of Berwis)
- Rotuli Parliamentorum; ut et Petitiones, et Placita in Parliamento, vol. II, Edw III, (Record Commission, 1783), p.28b (no. 51) (edition of petition)
- The Parliament Rolls of Medieval England, Ed. Paul Brand, Anne Curry, Chris Given-Wilson, Rosemary Horrox, W.M. Ormrod and J.R.S. Phillips, (Cambridge University Press, 2005), Appendix of Unedited Petitions, 1307-1337, Rotuli Parliamentorum II, pp. 13-30, no. 51 (summary of references)
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Record URL
- https://beta.nationalarchives.gov.uk/catalogue/id/C9294121/
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Series information
SC 8
Special Collections: Ancient Petitions
See the series level description for more information about this record.
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Men of Scarborough. King and council. The men of Scarborough state that Berwis sued...
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