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Rotuli Parliamentorum Volume 2. November 1330. No. 5. Item, to such judgment it is assented and agreed concerning the death of Thomas de Gurney and William de Ocle, for the death of King Edward, father of our lord the king who now is, whom they falsely and treacherously murdered: and that whoever may take the said Thomas alive shall have one hundred pounds; and whoever brings his head, one hundred marks. Likewise, that whoever may take the said William alive shall have one hundred marks; and whoever brings his head, if by chance he cannot be taken alive, shall have forty pounds, by gift of the king.
Item, a tieu juggement est assentuz & acorde de mort Thomas de Gurney, & William de Ocle, pur las mort le Roi Edward, Piere nr̃e Seignur le Roi q̃ ore est, q̃ fauxement & traiterousement lui murdrerunt; Et q̃ qi puisse prendre le dit Thomas vif, avera c łi. et q̃ qi porte la teste, c marcz. Estre ce, q̃ qi puisse prendre le dit William vif, avera c marcz, & qi q̃ porte la teste, si par cas ne puisse estre pris vif, il avera XL łi. du doun le Roi.
Rotuli Parliamentorum Volume 2. After 25th November 1330. No. 15. Thomas de Berkeley (age 34), knight, came before the lord king in his full parliament aforesaid, and being addressed concerning this: that whereas Lord Edward, late King of England, father of the present lord king, was delivered into the custody of the said Thomas and of one John Mautravers (age 40) to be safely kept in the castle of the said Thomas at Berkeley in the county of Gloucester, and in that same castle, while in the custody of the said Thomas and John, was murdered and slain , how does he wish to acquit himself of the death of the said king? He says that he was never consenting, aiding, or procuring in his death, nor ever knew of his death until the present parliament. And of this he is ready to acquit himself, as the court of the king shall consider. And thereupon he was asked, since he is lord of the said castle, and the same lord king was delivered into the custody of him and John Mautravers to be safely kept, and they received and accepted that custody, how can he excuse himself from being bound to answer for the death of the said king? And the aforesaid Thomas says that it is true that he is lord of the said castle, and that he, together with John Mautravers, received custody of the said king to keep him safely, as aforesaid. But he says that at the time when the said lord king is said to have been murdered and slain, he was kept at Bradley, outside the said castle, by such and so great an illness that nothing remained to his memory. And it was said to him that, since he acknowledges that he, together with the said John, held the custody of the said lord king, and that he placed under himself keepers and ministers for making that custody, how can he excuse himself from answering in this matter on the ground of some illness? And the aforesaid Thomas says that he placed under him such keepers and ministers in the said castle to make the custody, in whom he trusted as in himself, who together with the said John Mautravers had the custody of the said king. Wherefore he says that of the death of the said lord king, by aid, assent, or procurement, he is in no way guilty. And of this, for good and ill, he puts himself upon the country. Therefore there came jurors before the lord king in his parliament at Westminster, in the octave of St. Hilary next to come, etc. On which day the aforesaid Thomas came before the lord king in his full parliament, and likewise the jurors, namely John Darcy, John de Wisham, William Trussell, Roger de Swynerton, Constantine de Mortimer, John de Saint Philibert, Richard de Rivers, Peter Husee, John de Brynton, Richard de la Rivere, Roger Dabenhale, and Richard de Croupes, all knights. Who say upon their oath that the aforesaid Thomas de Berkeley is in no way guilty of the death of the said lord Edward the king, father of the present lord king, nor of assent, aid, or procurement of his death. And they say that at the time of the death of the said lord Edward the king, father of the present lord king, he was so grievously burdened with illness at Bradley, outside his said castle, that his life was despaired of. Therefore the same Thomas is acquitted thereof. And the jurors being asked whether the same Thomas ever withdrew himself on account of the aforesaid matter, they say that he did not. And because the aforesaid Thomas had placed under him keepers and ministers, namely Thomas de Gurney and William de Ocle, to make custody of the said lord king, by whom the same lord king was murdered and slain, a day is given to him before the present lord king at his next parliament, for hearing his judgment, etc. And the aforesaid Thomas de Berkeley is meanwhile committed to Ralph de Neville, steward of the lord king’s household, etc.
Thomas de Berkele Mil' venit coram Dño Rege in pleno Parliamento suo predco, & allocutus de hoc, quod cum Dñus Edwardus nuper Rex Anglie, pater Dñi Regis nunc, in custodia ipsius Thome et cujusdam Johnis Mautravers nuper extitit liberatus ad salvo custodiendum in Castro ipsius Thome apud Berkele in Com' Gloucestrie, et in eodem Castro in custodia ipsorum Thome & Johnis murdratus extitit & interfectus, Qualiter se velit de morte ipsius Regis acquietare? Dicit, quod ipse nuncquam suit confentiens, auxilians, seu procurans, ad mortem suam, nec unquã scivit de morte sua usq; in presenti Parliamento isto. Et de hoc paratus est se acquietare, prout Curia Regis confideraverit. Et super hoc quesitum est ab eo, ex quo ipse est Dominus Castri predicti, et idem Dñus Rex in custodia ipsor' Thome & Johis extitit liberatus ad salvo custodiendum, et ipsi custodiam ipsius Regis receperunt & acceptarunt, Qualiter se excusare possit, quin de morte ipsius Regis respondere debeat? Et predictus Thomas dicit, quod verum est, quod ipse est Dominus Castri predicti, et quod ipse simul cum Joie Mautravers custodiam ipsius Regis recepit ad salvo custodiendum, ut podictum est. Set dicit, quod eo tempore, quo dicitur ipsum Dominum Regem esse murdratum & interfectum, fuit ipse tali & tanta infirmitate apud Bradeleye extra Castrum predictum detentus, quod nichil ei currebat memorie. Et super hoc dictum est ei, quod ex quo cognovit quod ipse simul cum dicto Johe custodiam ipsius Domini Regis optinuit, ut predictum est, et ipse Custodes & Ministros sub se posuit, ad custodia de eo faciend', si per aliquam infirmitatem se excusare possit, quin respondere debeat in hac parte? Et predictus Thomas dicit, quod ipse posuit sub se tales Custodes & Ministros in Castro predicto pro custodia facienda, in quibus ipse se confidebat ut de seipso, qui custodiam ipsius Regis simul cum predicto Johne Mautravers inde habuerunt. Unde dicit, quod ipse dè morte ipsius Domini Regis, auxilio, assensu, seu procuratione mortis sue in nullo est inde culpabilis. Et de hoc de bono & malo ponit de super patriam. Ideo venerunt inde Jurat' coram Domino Rege in Parliamento suo apud Westm', in octabis Sci Hillarii proximo futuri &c. Ad quem diem venit predictus Thomas coram Domino Rege, in pleno Parliamento suo, et similiter Juratores, scilicet, Johnes Darcy, Johnes de Wisham, Willus Trussel, Rogerus de Swynenerton, Constantinus de Mortymer, Johnes de São Philiberto, Richardus de Rivers, Petrus Hufee, Joines de Brynton, Ricus de la Rivere, Rogerus Dabenhale, & Ricus de Croupes, omnes Milites, Qui dicunt super sacramentum suum, quod predictus Thomas de Berkele in nullo est culpabilis de morte predicti Domini Edwardi Regis, patris Domini Regis nunc; nec de assensu, auxilio, seu procuratione mortis ejusdem: Et dicunt, quod tempore mortis ejusdem Dñi Edwardi Regis, patris Domini Regis nunc, fuit ipse tali infirmitate gravatus apud Bradeleye extra Castrum suum predictum, quod de vita ejus desperabatur. Ideo idem Thomas inde quietus. Et Juratores quesiti, si idem Thomas unquam subtraxit se occasione predicta? dicunt quod non. Et quia predictus Thomas posuit Custodes & Ministros sub se, scilt Thomam de Gurneye, & Willm de Ocle, ad custodiam de ipso Domino Rege faciendam, per quos idem Dñus Rex extitit murdratus & interfectus; datus est ei dies coram Domino Rege nunc in proximo Parliamento suo, de audiendo Judicio suo &c. Et predcus Thomas de Berkele interim committitur Radulpho de Nevill, Senescallo Hospitii Domini Regis &c.
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Rymer's Fœdera Volume 2. Concerning the capture of John Mautravers and others.
The King, to the Sheriff of Northampton, greeting.
Because we have learned that John Mautravers (age 40), Thomas de Gurney, John Wyard, and William of Exeter, lately constable of the castle of Wallingford, John Deveroill, and William of Ocle, indicted for various crimes committed by them in our realm, intend on that account to leave the realm secretly; through whose malice diverse evils may arise, unless we quickly set our hand to this:
We strictly order you that you cause all seaports and other places within your bailiwick, both within liberties and without, where ships come in or where there is passage of ships, to be so guarded, under the peril that lies upon you, that the said John, Thomas, John, William, John, and William may in no way within the said bailiwick pass out of the realm. And moreover you are to seize them within the said bailiwick, whether they be within liberties or without, and also cause them to be seized by your officers, and have them brought before us, wherever we shall be, to undergo what by our council shall be ordained.
And you shall set such guard in every place in the said bailiwick, along the coast and the aforesaid places, that they may in no way escape from the realm. And you shall do the premises with such diligence that, if such escape should occur, which God forbid, the blame may not fall upon you, whereby we should have to take heavy action against you.
Witness the King at Westminster, the third day of December [1330].
By the King himself and the council.
In the same manner mandate is given to each of the sheriffs throughout England.
De capiendo Johannem Mautravers & alios.
Rex, Vicecomiti Nort', salutem. Quia accepimus quod Johannes Mautravers, Thomas de Gurneye, Johannes Wyard, & Willielmus de Exon', nuper constabular' castri de Walyngford', Johannes Deveroill', Willielmus de Ocle, de diversis facinoribus per ipsos in regno nostro perpetratis, rectati, eâ occasione extra idem regnum clandestinè egredi proponunt; per quorum maliciam diversa mala poterunt evenire, nisi celeriùs ad hoc apponeremus manum nostram;
Tibi præcipimus firmiter injungentes, quod omnes portus maris & alia loca infra ballivam tuam, tam infra libertates quam extra, ubi naves applicant, seu passagium navium existit, taliter custodiri facias, sub periculo quod incumbit, quod dicti Johannes, Thomas, Johannes, Willielmus, Johannes, & Willielmus alicubi infra ballivam prædictam nullatenus transeant extra idem regnum; et insuper eos in ballivâ prædictâ, sive fuerint infra libertates sive extra, capias, & eciam per ministros tuos capi facias, & eos, ubicumque fuerimus, ad nos duci facias, ibidem, quod de consilio nostro ordinari contigerit receptur';
Et talem custodiam in singulis locis in ballivâ prædictâ, super costeram & loca prædicta apponas, quod ipsi ab eodem regno nullo modo evadant:
Et præmissa cum tantâ diligenciâ facias, quod dicta evasio si eveniat, quod absit, tibi impingi non valeat, per quod ad te graviter capere debeamus.
T. R. apud Westm', tercio die Dec'.
Per ipsum Regem & cons'.
Eodem modo mandatum est singulis vicecomitibus per Angľ.
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Close Rolls Edward III 1331. 24th February 1331. Croydon. To Williani de Sfaundon. Whereas the king has appointed John de Merssheton, John de Percebrigg and Adam Lucas by letters patent to suivey all the castles, towns, manors, lands, goods and chattels that belonged to Roger de Mortuo Mari, late earl of March, and to Simon de Bereford, who were drawn and hanged for certain seditions and felonies, in cos. Hereford, Worcester, Gloucester, Salop and Stafford, which he ordered to be taken into his hands by reason of their forfeiture, and also to survey the castles, towns, manors, lands, goods and chattels of John Mautrayers (age 41), the younger,1 Thomas Gourneye, Bego de Baiocis, John Deveroil, and William de Okele in the aforesaid counties, who are charged with seditions and felonies and have withdrawn themselves for that reason, not permitting themselves to be justieed, wherefore the king ordered their castles, etc., to he taken into his hands, and to canse all the goods and chattels aforesaid to be appraised by men of those counties, and to be present at the sale of certain of the goods and chattels, and to execute certain other things contained in the said letters, and Ihe king understands that the said John de Merssheton was unable to labour about the premises by reason of bodily infirmity, and that it is espedient that William, who has better knowledge of the premises, shall intend to the premises with the aforesaid John de Percebrigg and Adam: the king therefore orders him to be intendent, aiding and counpellins to them in the premises as often as he shall be summoned by them. The king has ordered the sheriffs of ihe aforesaid counties to pay to William 18d a day for his wages whilst thus employed. By C. Et erant patentes.
The like, 'de verba ad verbum' to John de Wonneton. By C.
Mandate in pursuance to the sheriffs of the aforesaid counties to pay to William and John the wages aforesaid. By C.
Note 1. His father John Maltravers (age 65) died in 1343.
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Close Rolls Edward III 1331. 23rd March 1331. Westminster. To Thomas de Hampton. Order to deliver to Robert de Penros, William de Werdale, and Richard de Suthorp, whom the king has appionted by his letters patent to make view of the accounts of the bailitfs and keepers of the castles, manors, and lands that belonged to Roger de Mortuo Mari, late earl of March, Simon de Bereford, John Mautravers (age 41), Thomas Gourneye, Bego de Baiocis, John Deveroil, and William de Okle in South Wales, and to take information concerning the arrears of ferms and rents and debts due to the said earl and the othera in South Wales, all rolls in his custody of the accounts of the baliffs and receivers of the said lands of tha time when he was auditor of such accounts with John le Botiller, and to receive the said rolls back again, and to cause them to be safely kept until otherwise ordered. The king has ordered the said men to receive the rolls and to return them to Thomas.