Prohibition/Premunire 1348-1349

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1348 H1348 A: London. Rex v. Master Robert de Barton: attachment against prohibition: defendant procured against prohibition papal instruments contrary to the judgment in quare impedit of Rex v. Abbot of Blessed Mary of York concerning the church of Hornsey. Includes letter close that Barton submitted and was pardoned. [1] H1348 B: Devon. Inquest into contempt by John, Bishop of Exeter over distraint for damages recovered in action of quare incumbravit concerning the church of Kilkhampton. [2] E1348 A: Devon. Rex & Hugh de Askham cleric v. John Wrey chaplain together with Nicholas de Restercombe, Nicholas Beagh, Jordan vicar of Byry, and Richard Lerde for violation of proclamations prohibiting obtaining papal bulls and processes, some of which concerned the presentation to the position of the prior of Totton. [3], [4], [5], [6], [7] rcp E1348 B: Certiorari. Oyer and terminer (19 Edward III). Gloucestershire. Rex & Phillip de Alcestre parson of Little Compton v. Robert Walteres de Iccombe cleric, Leonard de Lucy parson of Chiriton, Elias de Iccombe chaplain, Walter Dene de Shutteford, William Leonardesprest de Lucy, John Broun de Ilmyngdone, Thomas Smythes de Ilmyndone, William atte Watre de Ilmyndone, John atte Grene de Magna Compton cleric, Walter de Dorne de Shesencote, Walter de Trowell de Shesencote, Richard de Botetorte, Henry Henene, William atte Grene chaplain, John atte Clyve de Tydilmynton, John le Frend de Breilles, Simon le Whyte, Thomas Balle, and Thomas Bernard de Breylles and others (unnamed), who with armed force broke into the rectory at Little Compton, held it with armed force for ten days, took goods and chattels worth 100 marks, and ejected Phillip's servants, all this after the king's recovery in Rex v. Prior of Deerhurst; the king had then presented Alcestre to Wulfstan, bishop of Worcester and Alcestre had been instituted. [8] E1348 C: Norfolk. Adjudication to the king of presentment to the deaconry of Cranewiz that became vacant while the temporalities of the bishop of Norwich were in the king's hands by judgment of the king's court. [9] E1348 D: Norfolk. Quare non admisit. Rex v. William bishop of Norfolk for the archdeaconry of Norwich. [10] E1348 E: Yorkshire. Quare non admisit. Rex v. William, archbishop of York for the church of Rothley, to which the king had presented Henry de Greystok. [11]; [12] E1348 H: Suffolk. Quare non admisit. Rex v. William bishop of Norwich. King had recovered presentment to the archdeaconry of Suffolk against the bishop; the bishop was thus ordered to accept the person the king presented. The king presented Michael de Northburgh, whom the bishop refused to admit. [13], [14] E1348 I: Norfolk. Quare non admisit. Rex v. William bishop of Norwich. King had recovered presentment to the archdeaconry of Norwich against the bishop; the bishop was thus ordered to accept the person the king presented. The king presented Master John Berenger to the archdeaconry, whom the bishop refused to admit. A letter close then retails that the bishop had appealled to the archbishop of Canterbury. But the letter close goes on to relate that king now is assured that the bishop is not impeding, so that the king drops the prosecution. The letter close is dated May 16, 22 Edward III (1348) [15] T1348 A: Norfolk. Recitation that all the temporalities and possessions of the bishop of Norwich had been taken into the king's hand and that a deanery (designation illegible) had become vacant, a scire facias issued to the bishop so that he could come to give any reason he had why the king should not present to the deanery. The bishop does not come, so the king recovers. [16] T1348 B: Devon. Rex v. John bishop of Exeter, Tibertus prior of Barnstaple, John prior of Pilton, and William Inge parson Heanton. Jury to determine if the bishop by the other defendants his commissaries on 29 July 1347 excommunicated Walter de Steveneston undersheriff, Theobald de Greneville, Thomas de Merton, and Henry de Merton and certain other ministers of the king specially assigned to execute certain orders of the king, the major excommuications being specifically for the execution of those orders. The jury here is put into respite until Michaelmas. Notations thereafter for Hilary 22 Edward III m. 61 among the common pleas and m. 6. [17], [18], [19], [20], [21], [22], [23], [24], [25], [26], [27], [28], [29], [30], [31], [ http://aalt.law.uh.edu/E3/KB27no393/bKB27no393dorses/IMG_2565.htm], [32] rcp T1348 C: Devon. Rex & Hugh de Askham cleric v. John Wrey chaplain. Wrey secured papal processes and delivered them inside the realm to undermine Hugh de Askham's possession of the vicary of Brixham. Immediately followed by enrollment of suit against additional defendants: Nicholas de Restercombe, Nicholas Beagh, Jordan vicar of Bury, and Richard Lorde. [33], [34] rcp T1348 D: Certiorari. Common Pleas. (19 Edward III). Quare incumbravit. Theobald de Greneville v. John bishop of Exeter, concerning the church of Kilkhampton. [35] T1348 E: Lincolnshire? Rex v. John de Wakefeld vicar of Middle Rasen. Contrary to the law and custom of the realm Wakefeld drew the Prior of Drax outside the realm to answer concerning lay fee in Middle Rasen and concerning various contracts pertaining to the king's congnizance and against the king's prohibition. [36] M1348 A: Yorkshire. Presentment that Eustathia who was the wife of Peter de Middelton late sheriff of Yorkshire and William de Wetherby chaplain executors of Peter de Middelton prosecuted William de Popelton parson of Harewood in court Christian before Master Thomas Sampson official of the Archbishop of York notwithstanding the king's prohibition delivered to Thomas in York Consistory in May 1348 concerning suggestions about how it pertained to the sheriff to make panels of inquests and to take gifts and honors according to the things done, matters that are contrary to the oath expressly mandated by statute for sheriffs. To move this false suit Walter de Kereby procured the executors to prosecute in court Christian for 10 p.s. that Walter intimated to the executors was promised to Walter as undersheriff to the use of Peter his master, so that the Master Thomas official at the suit made Adam vicar of Berdesay his commissary for determining the plea. Adam condemned William de Popelton for 10 p.s. plus 100s for expences of the executors and for 20 p.s. to the use of the church of St Peter, York. He made to be excommunicated William in all the churches of the deanery of Aynsty. The executors prosecuted a royal writ of significavit to arrest William regardless of the royal prohibition or of William's appeal at the Roman court. The procurators for this business were Walter de Kereby, John de Midelton, Adam de Midelton parson of Merston, and Robert de Rampton. [37] M1348 C: Yorkshire. Found by jury that Richard de Durem skinner vexed William de Ingelton for a year and a half by suing a plea of debt not involving a will or marriage in court Christian before the commissary of the archdeacon of Richmond and made him to be cited before the commissary in 12 Edward III and still vexes him, causing William 4 marks in expences. [38] M1348 E: Yorkshire. Rex v. John de Bolton parson of Lyth. The prior of St Oswald of Nostell lately in common pleas in 17 Edward III sought execution of arrears of an annual rent of 36 marks against John de Bolton. Bolton by suggestion made to the pope that the prior was drawing him into king's court against the law of holy church and made the prior to be summoned before the pope at Avignon and drew into a plea in the Roman court outside the realm. The prior presented a pardon dated November 6 1346. [39] rcp H1349 A: Yorkshire. Presented that Richard de London of Beverley sequestrator of the archbishop of York in the East Riding together with other ministers of the archbishop vexed and continuingly vexes the burgesses of Scarborough against liberties granted by the king; they cite them in temporal causes not touching wills or marriage against the royal prohibition. They also cite the burgesses to appear ex officio in the chapter outside the borough by 15 miles. [40] rcp H1349 B: Yorkshire. Presented that Master John de Stokeslay who holds at farm the jurisdiction of the deanery of Pockelington drew before him by color of his office laymen for debts and contracts that were not of wills or marriage to have a profit by extortion. [41] rcp H1349 C: Yorkshire. Presented that Walter de Thornton vicar of Doncaster in September 1346, scheming to worsen many of his parishioners took the office of dean of Doncaster to be able to make people come before and impose causes on them that ought not be determined in church court; by extortion he took 5s from William del Yle and 6s8d from Joh Piper of Doncaster; he vexed John Saundre until he made fine for 5s, and so treated the people in his jurisdiction for ten years. [42] rcp H1349 D: London. William Greylond citizen of London v. Thomas Blundel de Snydele cleric. William in common pleas had recovered his presentation to the church of St Stephen of Walbrook against the Abbot of Colchester. The king prohibited Thomas from doing anything prejudicial to that judgment. Thomas procured church court processes nonetheless. [43]. Blundel denied receipt of the prohibition and everything else. [44] rcp H1349 E: Yorkshire. Presented that Roger de Blaykeston had recovered his presentation to the prebend of Thorpe in the church of St Peter of Howden against Willim Couton lately prior of Durham by reason of a grant he had from the same prior. Roger presented Ralph de Blaykeston cleric who was admitted and installed and held the prebend peacefully for seven years. The king issued a prohibition against anyone doing anything in court Christian to prejudice the king's court judgment. Robert Thresk, scheming to annul the judgment and the right of patronage outside the realm, asserted that the prebend was vacant and drew Ralph in court Christian such that Nicholas Dautry, William Cecil, Thomas Cecil chaplain, Hugh de Fletcham, William son of Walter de Otryngton, Richard de Solbyry, John de Buskby chaplain, and William de Wyresthorp chaplain (the procurators, notaries, and executors of the business of Thresk) fulminated a sentence of excommunication on Ralph for 100 florens for their expenses and 200 p.s. for damages in the churches of St Peter, York, and through the whole city in the church of Howden on September 29, 1348 through to the feast of Hilary, against the king's prohibition. [45] rcp H1349 F: Yorkshire. Presented that: Robert de Sallay late a citizen of York built a messuage on a waste within the parish of St Michael, York by assent and licence of the abbot of St Mary, York patron of the church, Richard de Wyghton parson of the church, and by licence of the king and others. Afterwards he gave that messuage to one Walter de Layburn and his successors for a chantry to be made at the altar of the Virgin Mary in the church of St Michael. Then Master Robert de Thresk (see the case above), William Copersmyth and Matilda his wife, and Andrew de Helperby prosecuted in court Christian outside the realm (in the papal court at Avignon) against the prohibition of the king against Robert de Sallay and Robert son of the same Robert concerning the said lay fee. They so prosecuted that it was considered that the messuage be razed at the cost of Robert son and heir of Robert de Sallay and that Robert son of Robert satisfy William Copersmyth and Matilda his wife and Andrew de Helperby of 40 p.s. within twelve days after proclamation of the sentence. William son of Walter de Estryngton, Nicholas Dautrye, John de Middelton somonour, and John de Hagthorp pronounced through Yorkshire from the feast of the Purification 1347 to the next Michaelmas. The bailiffs of the city continued the execution of the sentence and prohibited Robert son of Robert not to prosecute or acquire a royal prohibition under penalty of excommunication; they ordered the messuage to be razed; they prohibited the chancellor, justices, sheriffs and other ministers not to do anything to perturb that complaint, in contempt of the king and aainst his probition, in perturbation of the chantry and debilitation of the city and against the law of the land. [46], [47] H1349 G: Shropshire. Quare non admisit. Rex v. John, bishop of Hereford. The king recovered against Lawrence de Lodelowe chivaler his presentment to half the church of Westbury in king's bench and the king ordered the bishop to admit Henry de Tatton cleric presented by the king, but the bishop refused to admit him. [48], [49] E1349 A: Kent. Prior of Dover (qui tam) v. Master Lawrence Fastolf, Robert de Mallyng, Nicholas de Yestele, and Stephen de Bello, commissaries of Robert prior of Christchurch Canterbury late guardian of the spirituality of the archbishop of Canterbury sede vacante, together with Robert prior of Christchurch, Master John de Wymbourne and Thomas de Morton commissaries of Robert prior of Christchurch. Henry II had granted Theobald archbishop of Canterbury by a charter that that lord king confirmed in alms to Christchuch Canterbury and to Theobald then archbishop and all his successors the church of St Martin, Dover and that the monks there would inviolably observe the rule of St. Benedict by the authority of Pope Innocent and that the archbishop would control. That authority could not be delegated to others than the archbishop even sede vacante. The prior of Christchurch, however, began impositions and exactions after the death of the archbishop, and the king ordered them to stop. The prior did not stop but rather got the prior of Dover and some of the officers of the house excommunicated and got the goods of the church sequestered. [50], [51]