APPENDIX N.
EXTRACTS FROM THE ACTS OF THE COUNCIL OF EDWARD THE BLACK PRINCE AT THE CHAPTER HOUSE.
N.B. - This Record commences in the 25 Edw. III.
1 - 25 Edw.III [Inq. s.q.d. previously to a grant in mortmain by the Duke]
EDWARD, &c., [eldest son of the most illustrious King of England and France, Prince of Wales, Duke of Cornwall, and Earl of Chester,] to our dear servant, John Dabernoun, warden of our fees of Cornwall and Devonshire, greeting. We command you that by the oaths of good and lawful men of your Bailiwick by whom the truth of the matter better may be known, and who will diligently inquire concerning our right and seignory, you inquire whether it will be to our damage or prejudice, or to that of others if we shall grant to our well beloved Master Richard Gonneshale, Master Stephen de Pemfrel, Sir John de Aldeston, and Master William de Heyghe's permission to give and assign to our well beloved in God, the provost and chapter of Saint Thomas, in Glasneth one acre of land with the appurtenances in Kelenyeth and the advowson of the Church of St. Just, near Bree, which are holden of us in chief, to have and to hold to them and their successors, &c. &c. And if it should be to the prejudice and damage of us and others, then what damage, &c., and of whom and how the said is holden, and by what service. And the Inquisition distinctly and openly made, send to us under your seal and the seals of those by whom the Inquisition shall be made. Given, &c., at London, the 8th day of July in the 25th of Edward III., &c.
2 - 25 Edw. III [Commission - Cornwall distinct from England]
EDWARD, &c., to our dear servant, John Dabernoun, our Steward and Sheriff of Cornwall, greeting. On account of certain escheats we command you that you inquire by all the means in your power how much land and rents, goods and chattels, whom and in whom, and .of what value they are which those persons of Cornwall and England have, whose names we send in a schedule enclosed, and in case any of them are dead, to inquire also fully into whose hands their lands, tenements, goods, and chattels have fallen, and who occupy them at present, and of what value they now are, and certify to us thereof distinctly in each particular between this and three weeks of St. Michael next ensuing. Moreover we command and charge that you distrain in a fitting manner William Walklate and his companion, who was the wife of Thomas Atte Fenne, lately Sheriff of Cornwall, the executrix of the will of the said Thomas and his other executors, and the possessors of his goods to be ready in their proper persons on the peril which belongs thereto on the 15th day of the said term of St. Michael next ensuing, and there to render an account of the said Thomas, for all the time for which he was Sheriff of the County above-said, and cause also that your attorney be there at the said time with all your proofs to render your account of the time that you were our Sheriff there, and this omit not. Given, &c., at London the 16th day of July, in the year &c. of England the 25th, and of France the 12th.
3 - 26 Edw. III [Bail]
EDWARD, &c., to our dear servant John Dabernoun, our Sheriff of Cornwall, greeting. We command you that you admit Richard Keneroil, who is indicted for the death of Stephen Morland, to bail until the next delivery in Cornwall, and this present letter shall be your warrant. Given, &c., as above.
4 - 28 Edw. III [Appointment of Sheriff]
EDWARD, &c., to all the faithful men and subjects of our Duchy of Cornwall and of the County of Devonshire, greeting. Know ye that we, relying on the loyalty and discretion of our dear servant, Robert de Eleford, commit to him by these our present letters the office of Steward of all our lands of Cornwall and Devonshire, and we commit also to him the office of Sheriff of Cornwall, and we give and grant to him by these (presents) full power to do in our name whatso- ever things appertain to those offices. To hold the same offices so long as it shall please us. So nevertheless that he answer to us of the issues and profits arising from the said office of Sheriff, taking for his fee for the offices above said £40 per annum, that is to say, £20 for the office of Steward and £20 for the office of Sheriff, by the hands of our Receiver of Cornwall for the time Being. Wherefore we command you that to the said Robert, as Steward and Sheriff of the parts above said, you be aiding and attendant upon in all things touching the said offices, and amswering in manner as is fit. In witness, &c. Given at Launceston, the 18th day of August, in the year, &c. And it is commanded to John Dabernoun, lately Steward and Sheriff, to deliver to the said Robert, by an Indenture, the Rolls of the Courts, remembrances, and other all evidences touching the said office of Steward, and also Writs and other Rolls, remembrances and evidences touching the said office of Sheriff, together with the sums of the Pipe and the persons being in ward of the said John. And it is commanded to John de Kendale, Receiver, to pay to the said Robert his fee annually according to the effect of the said letters so long as he shall be Receiver, and rhe said Robert shall have the same office.
5 - 28 Edw. III. [No. 34, p. 165. - Inspeximus Charter of the Duke for the Burgesses of Helstone - Recites Insp. Charter of Ed. III. of Charter of King John for same - Confirmation by King Edw. III. of the Charters of King John and Earl Richard - Confirmation by the Duke of all the preceding Charters - Showing also the Lordship of Cornwall in the Duke]
For the Burgesses of Helleston for the confirmation of their Charter. - Edward, &c., to all to whom these present letters shall come, greeting. We have inspected a Charter which our most dear father made to the Burgesses of the town of Helleston, in these words: - Edward, by the Grace of God, King of England, Lord of Ireland, and Duke of Acquitaine, to the Archbishops,
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Bishops, Abbots, Priors, Earls, Barons, Justices, Sheriffs, Reeves, Ministers, and all his Bailiffs and faithful men, greeting. We have inspected a Charter of Lord John of celebrated memory, heretofore King of England, our progenitor, in those words: John, by the Grace of God, King of England, Lord of Ireland, Duke of Normandy, and Acquitaine, Earl of Anjou, to the Archbishops, Bishops, Abbots, Earls, Barons, Justices, Sheriffs, and all his Bailiffs and faithful men, greeting. Know ye that we have granted, and by this our present Charter confirmed that our Borough ot Helleston shall be a free borough, and that our burgesses of the same town shall have a Guild Merchant and freedom throughout the whole of our territory from toll, pontage, passage, stallage, lastage, and sullage, saving in all things the liberties of the City of London. We grant also to them that they shall not plead except within their borough concerning matters or tenures appertaining to their town except in pleas belonging to our Crown or in pleas of foreign lands. We will also that they shall have all other the liberties and free customs which our burgesses of the castle of Lancaveton had in the time of King Henry our father. Also that no one of the burgesses aforesaid, unless he shall be a resident in the aforesaid town of Helleston, shall have these liberties. These being witnesses: W. Earl of Salisbury, William Briwer, Robert de Turnham, Robert de Tresgoz, Simon de Pateahull, Ralph de Stoke, Eustace de Faucomberge. Given under the hand of R., Archdeacon of Wells, at Graneborough, the 15th day of April, in the second year of our reign. We have inspected also a. Charter of Lord Richard, heretofore King of the Romans, always august, in these words: - Richard, by the Grace of God, King of the Romans, always august. To all to whom the present writing shall come, greeting. Know ye that we have granted, and by this our present Charter confirmed for us and our heirs to our burgesses of Helleston, that our Borough of Helleston shall be a free borough, and that our burgesses of the same town shall have a Guild Merchant, and freedom throughout the whole of our County of Cornwall from toll, pontage, passage, lastage, sullage, and stallage. We have also granted to them for us and our heirs that they snail not plead except within their borough in matters or tenures belonging to their town, except in pleas belonging to the Crown of the Lord the King, and pleas touching foreign lands. We have also granted to them, for us and our heirs, their town with the appurtenances, with the mills without the town, and with the water of Chohor running to the same mills, and with all easements of the same water, without hurt to any one; and that they shall be able to erect other mills upon the same water, if they shall think it necessary, without injury to any one, as is aforesaid, and with thirty-three acres of land, assised in the same town of our villenage by Otho Fitz Frawin, heretofore farmer of Helleston, to have and to hold at fee farm, of us and our heirs, to them and their heirs, rendering therefore yearly to us and our heirs, by their hands, twelve pounds of silver, at two terms of the year, namely, at Easter six pounds, and at the Feast of Michaelmas six pounds. We have also granted to them our meadow beneath the town of Helleston, to have and to hold to them and their heirs, from us and our heirs, for twenty- six shillings and eightpence a year, to be rendered to us and our heirs at two terms of the year, namely, at Easter thirteen shillings and fourpence, and at the Feast of Michaelmas thirteen shillings and fourpence. Wherefore we will and strictly command, that the aforesaid burgesses and their heirs shall have and hold the aforesaid town, with its appurtenances, at fee farm, well, peacefully, freely, quietly, and entirely, with the aforesaid mills, and all their liberties and customs, to their free borough used and accustomed, and to the aforesaid mills belonging as is aforesaid. We have also granted to them, for us and our heirs, that no Sheriff nor other our Bailiff, in anywise shall interfere touching any plea or plaint, or other occasion, or any other matter to the same borough belonging, save pleas of the Crown, which nevertheless ought to be attached by the same burgesses until the coming of the Justices: and that it shall be permitted to them, without a foreign bailiff, to dis- train all their burgesses, wheresoever they may be, either in the town or out of the town, for debt to us and our heirs. That it may continue firm and unshaken we have confirmed it by an impression of our seal upon the present writing. These being witnesses: Reginald de Botreaux, Philip de Bodrigan, Ralph de Arundell, Alan Bloghion, Guy de Nonenaunt, William de Roscrou, Ralph de Tynten, Roger de St. Con- stantine, notary, and our chaplain and others. Dated Launceveton, the sixth day of January, the third indiction, the third year of our reign.
We, moreover, the grants and confirmations aforesaid considering reasonable and proper, do grant and confirm the same, for us and our heirs, as much as in us lieth, to our beloved the now Burgesses of the Borough aforesaid, and their heirs and successors for ever, as the Charters aforesaid reasonably testify, and in such wise as the same Burgesses and their ancestors, the aforesaid town, mills, lands and tenements, have hitherto reasonably held, and the liberties and freedoms aforesaid have reasonably used and enjoyed. These being witnesses: the Venerable Fathers J. Archbishop of Canterbury, Primate of all England, our chancellor, H. Bishop of Lincoln, our treasurer, R. Bishop of Durham, Richard Earl of Arundell, Henry de Beaumont Earl of Bogham, Henry de Percy, William de Montacute, Robert de Ufford, Steward of our Household, and others. Given under our hand at Bothevill, the sixth day of December, in the tenth year of our reign. We, moreover, the grants and confirmations aforesaid, considering reasonable and proper, do grant and confirm the same, for us and our heirs, as much as in us lieth, to our beloved Burgesses of the Borough aforesaid, and their heirs and successors for ever, like as the Charters aforesaid reasonably Testify. Moreover, we have been informed, through the grievous complaint of the Burgesses aforesaid, that notwithstanding that they and their ancestors had held the aforesaid Borough of Helleston with the appurtenances and certain lands to the same Borough annexed, and had been seised thereof from time immemorial; and that John, of celebrated memory, heretofore King of England, confirmed the aforesaid estate of the same Burgesses, and Richard King of Germany and Earl of Cornwall, in like manner, confirming their estate in the aforesaid Borough and lands annexed, granted and confirmed to the same (Burgesses) the mills and water of Chohor to the same mills running, with thirty-three acres of land in the same town, rendering therefore yearly, to him and his heirs, twelve pounds; and granted to the same Burgesses the meadow which is beneath the town rendering therefore twenty-six shillings and eightpence yearly, as in the Charters aforesaid it is more fully contained. Also that for the Borough and all other the premises, they had rendered twenty marks of farm a year and no more; nor had they rendered anything more at any time, nor had they been challenged in anywise to render more, until by John de Eltham, of good memory, our uncle, formerly Earl of Cornwall, moved by untrue suggestions, and by his ministers by sinister suggestion making use of his name, a tax of another twenty marks had been imposed upon the same
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Burgesses beyond the ancient rent or farm aforesaid, to the utter undoing of the Borough aforesaid, If the tax aforesaid should have taken effect and against the form of their Charters aforesaid; and Also, that although they had paid nothing of the said new tax, as not being just, yet nevertheless Our Ministers, by reason and colour of the challenge aforesaid, made in the time of our aforesaid Uncle, from the time at which the Lordship of Cornwall came into our hands, have demanded and Demand from the Burgesses aforesaid, the aforesaid twenty marks, so newly exacted beyond the ancient farm aforesaid, and have challenged and challenge them yearly for the same sum: where upon they have supplicated us to provide them redress lest the Borough aforesaid should become so impoverished and injured that the rent from the inhabitants should not be sufficient to pay the yearly farm. We wishing to have as much fuller information in the premises is possible, and inclining to their supplication and towards doing them further grace when a more fitting opportunity should be offered, We especially desired our dearly beloved Masters William de Shareshull, Richard de Stafford, and John de Wingfield, Knights Justices of our said Lord, Father and King at that time, by command of the same our Father sitting at Lostwithiel for the expediting of divers matters, that they would diligently inquire touching the premises. And because, by an inquisition of the same, by the oaths of honest and lawful men before them, at our request taken, it did appear that all the premises were true, We have granted, for us and our heirs, as much as in us lieth, that the aforesaid Burgesses and their successors, from henceforth for ever shall hold the Borough above- said, with the appurtenances and lands annexed, the mills, with the water of Chohor to them flowing, the thirty-three acres of land and the meadow abovesaid, for the twenty marks which they anciently paid for the same, to be paid yearly in such manner as they were accustomed to pay the same; and we have entirely pardoned, for us and our heirs, to them the other twenty marks exacted from the same, beyond the aforesaid ancient farm as is aforesaid; and we entirely remit and release all challenge or exaction which may be made upon them by us, our heirs or ministers whatsoever, as well for time past as (for time) to come. In testimony whereof these our Letters Patents, we have caused to be strengthened by our Privy Seal. These being witnesses: Lord John de Mohun, Lord of Dunster, John de Montacute, Nigel de Lohareng, our chamberlain; John do Sully and Walter de Wodelond, Knights of our Household, and others. Given at our Castle of Restormel, on the second day of September, in the year of the reign of our aforesaid Father and King, of England twenty- eight and France fifteen.
6 - 31 Edw. III [Grant of lands forfeited to the Duke by reason of his prerogative.]
To all, &c., Edward, Prince of Wales,.greeting. Whereas Henry lately the Prior of Saint German's in Cornwall, in the time of the Lord Edward, lately King of England, our grandfather, two royal acres and a half of land, and a certain Richard Michael three royal acres of land, and a certain Richard de Polgover one royal acre of land in the town of Lanark, late of the aforesaid Priory of Saint German's in the time of the Lord Edward our father with the assent of their chapter did alienate, and those lands the aforesaid Priors of the aforesaid Kings as parcel of the foundation of their Priory did hold in free, pure, and perpetual alms, which lands they have given to certain persons, viz. to John Wadesworth, George de Notetone, John Aische, and Rose Pandoxala, John Chapeleyn, and David Trelugan Ade, Juon and Robert Gold, William Poldrusak, and Ralph Pronez, and have enfeoffed severally in fee simple the aforesaid John Wadesworth and the others above-named, rendering therefore to them and their successors, rents, and services to the value of the aforesaid land, the licence of the Kings aforesaid not having been obtained for that purpose, and afterwards, because that the Lord the King Edward, our Father, that granted to us the Duchy of Cornwall, together with all escheats, forfeitures, and all liberties, prerogatives, actions, rights, and profits, what- soever, with all the appurtenances, as fully and entirely as it our same father shall have had them if he had retained them in his own hands, as in his Letters Patent to us for that purpose made is more fully contained. We have caused the aforesaid land to be seized into our hands as forfeited to us for the cause aforesaid. We, however, on account of the gratuitous service which John, now the prior and the convent, there by services, vigils, fasts, and prayers, are continually supplicating God for us; and also having consideration to the ignorance of the said late priors, and willing to do special grace to the same John, now the prior, and canons of the place aforesaid have given and granted for us and heirs as much as in us lies to the said John, now the prior, and to the canons there serving God, all the land aforesaid, with all its appurtenances. To have and to hold to him and his companions of us and our heirs in free, pure, and perpetual alms, with all liberties to the aforesaid land belonging as fully and entirely as the aforesaid late priors before had, and held better and more freely of the aforesaid Kings. So that neither we nor our heirs by reason of the alienation of the aforesaid land shall be able to claim any thing in future, we being unwilling that the present prior and convent, and their successors, by reason of the alienation aforesaid, should be molested or in any manner oppressed by us, or our heirs, or by their ministers. In witness, &c. Given &c., at London the 14th day of June, in the year &c. of England 31. By bill endorsed, &c.
7 - 31 Edw. III [People of Guernsey, &c. to be charged in the Duchy with the custom duty notwithstanding to King's order to the contrary]
Edward, &c., to our dear servant Thomas the son of Henry our Havener of Cornwall, greeting. Forasmuch as you have written to some of our council to be informed what you shall do concerning some things touching your bailliwick, we make known to you, that forasmuch as a writ is come to you on the part of our very dear Lord and Father the King, to permit the people of the Isles of Guernsey, Sark, and Alderney to pass with their goods and merchandize, quit of the custom of three-pence in the pound for five years, we will that you take to our use this custom, and all others of these people, and of others in manner as you have taken them previously to this time, until we instruct you otherwise, and that you warn our Council at London, in case a writ should come to you, "sicut alias," upon this business. And as you wish to be informed what you shall do as regards the prisage of wines which are to come, and shall be sold within your bailliwick at this time, we will and command you that you cause them to be sold at the best price which you shall be able, and shall be for our profit. And also as to what you shall do concerning the cocket of wool and leather in Cornwall, we will and command you that you act in this matter, as you did in the year last past, and in the year preceding.
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8 - 31 Edw. III [Redress of poor fishermen]
Edward, &c., to our dear servant John Dabernoun, our Steward of Cornwall, greeting. Our poor tenants, Odo, brother of Nichol Ralph Mark Udy de Boswengar, and Henry Andrew have shown to us that the said Odo and his companions above mentioned, are fishermen, working upon the sea and uniting for their work; nevertheless some of the Lords of the country and others, in those parts take their fish against their will without paying anything for it, to their great loss and destruction as it is said, and they pray that we will be pleased to order remedy in this matter. Therefore we command you, that from the time the said fisherman shall have taken fish upon the sea, you be aiding them so that they may be enabled to sell it at the true value. And that as far as you are able, you do not suffer injury, loss, or disturbance to be done to them. Given, &c., at London, the 20th day of November, in the year, &c.
9 - 31 Edw.III [Complaint of interference with the right of taking sand]
Edward, &c. to our dear servant John Dabernoun, our Steward of Cornwall, greeting. We send you enclosed a petition handed to us by the tenants of our Manor of Helston in Kerrier, touching certain hardships done to them by M. Henry de la Pomeray and his bailiffs of his Manor of Wyvyanton, and we command you, that having looked into and considered the matters therein contained, you cause our tenants to have right and reason in such manner that they may have no cause to urge as another time for default of right, and this omit not. Given, &c., at London the 27th day of November, in the year, &c., of England the 31st. To our Lord the Prince, and to his Council show and complain his poor tenants and convention- aries of his Manor of Helston in Kerrier, that, whereas the said conventionaries for time out of mind have been accustomed to have convenient way for carrying sand in order to cultivate their lands in the said manor, the bailiffs of M. Henry de la Pomeray of his Manor of Wyvyanton, come and attach the tenants of our Lord the Prince, and detain them until they comply with their will, that is to say, for each horse 3d., so that their lands lie uncultivated, to the disinheritance of our said Lord the Prince, and to .the great damage of the said tenants; wherefore may it please our Lord the Prince to grant his letters to his Steward of Cornwall to order a remedy concerning the said trespass for the sake of God, and as a work of charity.
10 - 35 Edw. III [Redress afforded by the officers of the Duke in respect thereof complained of.]
Edward, &c. to the said John, Steward and Sheriff of Cornwall, greeting. We send you enclosed a petition transmitted to us by Henry de la Pomeray and Elizabeth his wife, and we command you that the matter therein contained being looked into and considered, you cause a certain day and place to be appointed, and warn, as well the said Henry and Elizabeth, as our tenants those parts, to show each on his part what they know by themselves touching this matter, and in their presence inquire by the oath of good and lawful men what has hitherto been the custom, and what ought to be done, and according as you find on this inquiry, to do right and reason without sparing any, and this omit not. Given, &c., as above. To my Lord the Prince, and his Council show Henry de la Pomeray and Elizabeth his wife, that they are seized of the Manor of Winianton in Cornwall, to which manor divers people of the neighbourhood come and dig sand in the demesnes of the said manor, and carry away from thence with horses the sand for their lands, for which, sand the said Henry and Elizabeth, and those whose estate they have in the said manor, are accustomed to take for each horse carrying thence, from the commencement of May till the first of August three pence, and for the remainder of the year three pence, of which profit they, and those whose estates they have in the said manor, have been seized from the time of memory, but of late they are forbidden by the ministers of our said Lord in these parts from taking any thing from any man for such cause, to their great loss and deprivation; whereof they pray a remedy.
11 - 35 Edw. III [Subjects of the Duke of Cornwall]
Edward, &c. to all those, &c., greeting. Know ye that we have by these presents committed to our dear servant Thomas de Caraluerta the Bailiwick of Waytensce within the County of Cornwall; to hold so long as it shall please us without rendering or taking from us anything for the same. Wherefore we command all our faithful subjects and tenants of the said County, and all others whom it concerns, that to the said Thomas as regards the bailiwick abovesaid, they be aiding, attendant upon and responding in such manner as is right. Given, &c. at Berk the 20th day of November, in the year, &c., the 35th. And it is commanded to John Dabernoun, the Steward of Cornwall, to put the said Thomas in possession of the Bailiwick abovesaid, to hold according to the effect of the letters above mentioned. By command of the Lord on the report of W. de Spridlyngton.
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