Prior and convent of St Oswald, Gloucester. King and council. [Petition in three...

Petitioners

Prior and convent of St Oswald, Gloucester.

Addressees

King and council.

Nature of request

[Petition in three parts:]1) The prior and convent request remedy as they do not have any power to maintain their estate to serve God. Botiller and Torel purchased a writ of the king of oyer and terminer of trespass against Bingham and Kidderminster to be pleaded before Lovel, Rous and Rideneye and everything proceeded according to the law, however, Botiller and Torel despising the process purchased further writs of oyer and terminer before Berkeley whose robes Botiller wore. Despite a writ to prevent this process, Berkeley proceeded to wrongful judgment and the prior and convent's goods have been taken.2) They further complain that despite orders to the sheriff of Gloucestershire not to execute Berkeley's judgment, Berkeley has by his writ ordered the escheator, who is Berkeley's tenant and man, to make execution and levy the remainder of the £100.3) They request further remedy as Berkeley has not delivered the record of his process in response to writs purchased by the prior, claiming protection of the king, so that they cannot have any remedy.

Nature of endorsement

[On face:]It touches the rights of the archbishop of York.[On dorse, none].

Places mentioned

Gloucester, [Gloucestershire]

Llantwit, [Glamorgan, Wales]

Snorscomb, [Northamptonshire].

People mentioned

John le Botiller (Butler) of [Llantwit]

William Torel (Torald)

Walter de Bingham, then Prior [of St Oswald, Gloucester]

Robert de Kyderminstre (Kidderminster)

John Lovel of Snorscomb, justice

John le Rous, justice

Richard de Rideneye, justice

Maurice de Berkele (Berkeley).

For a related petition by Prior Robert concerning the taking of livestock in relation to the judgment of this case, see SC 8/323/E569

• Calendar of Patent Rolls, Edw II, vol. I, 1307-1313, (Public Record Office, 1894), p.536 (original oyer and terminer brought against Bingham and Kidderminster)
• Law and Order in Fourteenth-Century England: The Evidence of Special Commissions of Oyer and Terminer, R. W. Kaeuper, (Whiting & Co., London, 1979), p.762 (discussion of petition)