Probatio Aetatis of William De Septvans
PROBATIO AETATIS OF WILLIAM DE SEPTVANS
FROM THE SURRENDEN COLLECTION.
In the few introductory remarks made to the "Inquisitiones post mortem," in the Appendix to this volume, an explanation is given of the nature and liabilities of tenures in capite.
It will be there seen, that on the death of a tenant holding by knight's service, an inquisition was held pursuant to the King's writ of "diem clausit extremum," to inquire into the nature of his tenure, the extent and value of his lands, and the name and age of his heir. If the deceased was found to hold of the King in capite, and his heir was under age, the King, by his prerogative, took the land into his own hands as guardian, and kept them, or granted the custody of the same to some individual to hold, till the heir proved himself of age.
When the heir came of full age, in order to obtain his lands out of the King's hands, he sued for a writ "de aetate probanda," which was forthwith issued to commissioners, as well as to the escheator, to inquire into the age of the infant, another writ being issued to the sheriff, to impanel a jury before the commissioners on an appointed day.
The jury returned their verdict on oath; and the heir, if proved of age, obtained livery of seisin of his lands.
Frauds on the Crown were occasionally committed, as the accompanying document fully testifies.
The evidences adduced in proof of age are among the most interesting of those preserved among the national records; they develop much of the private history and pedigrees of families, often furnish very graphic pictures of domestic life, and supply valuable notices of historical facts, and local incidents.
The heir of the knightly and affluent house of Septvans, owner of extensive estates, evidently a youth of weak mind and reckless habits, had fallen into the hands of most unscrupulous and crafty plunderers, among whom the Lord of Penshurst, Sir Nicholas Lovayne, plays a conspicuous part. In order to accomplish their designs, it was necessary to concoct a regular conspiracy to amove his lands from the hands of the Crown during his minority, and then to beguile him into the alienation of his inheritance. Whether the Crown, "ipso motu," claimed its rights, or the relatives of the unfortunate sufferer bestirred themselves to rescue the estates from the fangs of the plunderers, does not appear on the face of the document. Be this as it may, the case, which in our days would have been the subject of a suit in Chancery, was brought before the King's Council in Parliament, which was then the only court competent to relieve the sufferer and do justice to the claims of the Crown. Parliament annulled the acts of the minor, and restored to him his inheritance.
The attentive reader will find much in this transaction to illustrate the bearing of our feudal system on domestic life, and many points in our constitutional history, which escape the more comprehensive statements of the general historian: as such, and as developing a little tale in the annals of one of our old knightly families, we hope it may be deemed worthy a place in the 'Archaeologia Cantiana.'
The document before us is an Exemplification, by Letters Patent under the Great Seal 41 Ed. III., of the Record of the case, as investigated and decided by Parliament. It was granted on the petition of William de Septvans, to whose recovered estate it had become an indispensable title-deed; for its production would at all times be legal and conclusive evidence against the representatives of those who had conspired to obtain possession of the minor's property.
The instrument is written partly in Latin, and partly in Norman-French; we have, however, rendered it into English, in the belief that in that form it will be more acceptable to some of our readers than it would have been if copied verbatim from the original language: it is as follows:-
Letters Patent
"Edward, by the grace of God... of England, Lord of Ireland and Aquitaine, to all to whom these presents shall come, greeting.
"We have inspected a record and process had before our Lord the King, in his Parliament at Westminster, held on Monday, on the morrow of the Invention of the Holy Cross, in the fortieth year of his reign, in these words.
"Our Lord the King issued his writ in these words:-
'Edward, by the grace of God, King of England, Lord of Ireland and Aquitaine, to his beloved and faithful John de Cobham, of Kent, Thomas de Lodelowe, and William Waure, greeting.
'Whereas, we have been given to understand that William, son and heir of William de Septvans, Knight, deceased, who held of us, as of our Crown, in capite, and whose lands and tenements, with their appurtenances, in the counties of Kent, Sussex, and Essex, by reason of the minority of the foresaid heir, were taken into our hands, has insufficiently proved his age before our escheator in the said county of Kent, who was incorrectly informed thereof, at the procurance, invention, and information of certain persons, suggesting that the said William, son of William, was of full age: and that we were deceived in the said proof, because the foresaid heir is still within age, and will be so for a considerable time: and that, owing to our being deceived, the lands and tenements aforesaid, with their appurtenances, were, by the said Inquisition, thus falsely informed, delivered out of our hands to the said heir, to the loss of the right and profit to us thereby pertaining.
'We, willing to provide for our indemnity, in this matter, as is fitting, have assigned you, and two of you, of whom we will you the said Thomas to be one, to inquire by the oath as well of knights as of other good and liege men of the said county of Kent, by whom the truth of the matter may be better known, concerning the age of the foresaid heir; and if by the said inquisition it should chance to be discovered that the said William, son of William, is still within age, then, by whom the proof of his foresaid age was made, and at whose procurance, invention, or information; and who have occupied the lands and tenements aforesaid, from the time of the proof of the foresaid age, and received the issues and profits thereof, and by what title, how, and in what manner, and where; and in whose company the said heir has been from the time aforesaid, and by whom he has been counselled and led away; and whether the lands and tenements aforesaid be wasted and destroyed in buildings and woods, or not, and if so, then by whom, and to what damage to us or the aforesaid heir; and how much those lands and tenements are worth, in all issues, per annum, according to the true value of the same; and how much profit we have lost by pretext of the foresaid proof of age thus incorrectly taken, and how much, and in what manner; and to inquire also into the truth more fully, concerning all other articles and circumstances touching the premises; and therefore we command you that you do take, on and at certain days and places which you, or two of you, (of whom we will that you the said Thomas shall be one,) for this purpose shall appoint, an inquisition on all and singular the premises; and it distinctly and openly made, you do send without delay to us in our Chancery, under your seals and the seals of those by whom it has been made, and this writ.
'For we have ordered our sheriff of the said county of Kent, that, on or at certain days and places, which you, or two of you, of whom we will you the foresaid Thomas to be one, shall make known to him, he shall cause to come before you, or two of you, of whom we will you the said Thomas to be one, so many and such, as well knights as other good and liege men of his bailiwick, by whom the truth of the things in the premises may be better known and inquired into. In witness whereof, we have caused these our letters patent to be made. Witness ourself at Russhyndon, in the Isle of Shepeye, the 18th day of April, in the fortieth year of our reign.
'By letter under the seal called the Signet.'
[Insert Image of the Letters Patent]
By pretext of which writ, the foresaid John, Thomas, and William, proceeded to inquire concerning the premises, and took a certain inquisition, and divers evidences, in order to ascertain the truth of the age of the foresaid heir, of which inquisition and evidences, the tenour follows in these words:-
'An Inquisition held before John de Cobham, of Kent, Thomas de Lodelowe, and William Waure, assigned by commission of our Lord the King, to inquire concerning the age of William, son and heir of William de Septvans, Knight, deceased, who held of the said King, of his crown, in capite; and to do and fulfil certain other things contained in the Commission of our Lord the King, at Canterbury, on the Tuesday next before the Feast of St. George, in the fortieth year of our said Lord the King, by the oath of John de Northwode, Knight, Thomas Apuldrefeld, Knight, Thomas Chicche, Knight, Richard atte Lese, Knight, John de Brokhull, Knight, John Barry, William Apuldrefeld, Thomas Colpepir, Henry Apuldrefeld, senior, Henry Auger, Fulco Payforer, and Geffrey Colpepir, who say, upon their oath, that the foresaid William, son and heir of the foresaid William, will be twenty years old, and no more, on the feast of St. Augustin the Doctor, next coming; and they say that twelve men, whose names are stitched to this Inquisition, were summoned before John de Tye, escheator of our Lord the King, in the county of Kent, at Canterbury, at a certain day now past, to prove the age of the said heir, of which men three, to wit, Alexander Raven, John Pikeryng, and Thomas Ropere, were not sworn before the said escheator, and so they say that the foresaid proof was neither rightly nor legitimately made, as they understand.
'They also say that William de Chirchehull, Clerk, was the first procurer, deviser, and instigator to the said William, son of William, at Canterbury, to make suit for his lands and tenements, to be amoved from the hands of our Lord the King, and to prove his age; and after the return of the inquisition "de aetate probanda," the said William de Chirchehull and Luke de Whetynden sued to have the foresaid lands and tenements out of the King's hands, inasmuch as the said Luke was retained of the counsel of the said William, son of William.
'And they say that the said William, son of William, had the mediety of the manor of Aldyngton, in the county of Kent, which is worth ten pounds per annum; and certain marshes, called Lokelyng and Hersyng, in Iwade, worth forty shillings per annum; in which mediety is a certain wood, worth one hundred pounds to sell, which the said William, son of William, occupied from the time when our Lord the King removed his hand therefrom, to the Feast of the Nativity of our Lord, in the thirty-eighth year of our said Lord the King, at which time the said William, son of William, enfeoffed in the said tenements one John Gower, to hold to him and his heirs for ever, for which mediety, wood, and marshes he gave fourscore marks and no more; by virtue of which feoffment the said John Gower has occupied the said tenements, from the said Feast of the Nativity of our Lord until now, and still occupies them, and continues to receive the profits thereof.
'They also say that the foresaid William de Chirchehull was, as before, the procurer, deviser, and instigator, at Canterbury, to sue out of the King's hands the manor of Milton, in the said county of Kent, with its appurtenances, worth twenty pounds per annum, and one messuage in the city of Canterbury, worth twenty shillings per annum; and, after the return of the Inquisition de aetate probanda, the foresaid William de Chirchehull and Luke de Whetynden sued to have the said manor and messuage out of the King's hands, and in the same manner sued for ten pounds rent in Littlebourne and Welle.
'And they say, that afterwards, at the feast of Michaelmas, in the thirty-ninth year of our said Lord the King, at the appointment of Sir Nicholas de Loveyne, the foresaid William, son of William, by virtue of an agreement made between the said Nicholas and the said William, son of William, enfeoffed Walter de Multon and Richard de Sugworth, capellans, and Richard Maufe, servants of the said Nicholas, in the foresaid manor of Melton and the foresaid rent in Littlebourne and Welle; by virtue of which feoffment, the said Walter, Richard, and Richard, the said manor, from the foresaid time until now, have occupied and still occupy; and the issues and profits thereof have received, to the use of the said Nicholas; and the said William, son of William, has continuously occupied and still occupies the said annual rent of ten pounds.
'Item, they say, that William, son of William, had in the said county of Kent, the manor of Promhull, worth thirty-five pounds per annum, of the gift and feoffment of Richard de Alesle, Rector of the church of Harrietsham, being charged to John Septvans, for life, with a certain annual rent of ten pounds, and held of the Archbishop of Canterbury; and which manor he alienated to the foresaid Walter, Richard Sugworth, and Richard Maufe, to the use of the said Nicholas.
'And they say that, after the foresaid feoffment made to the foresaid John Gower, the said William, son of William, was continuously abiding in the company of Richard Hurst and the said John Gower, at Canterbury and elsewhere, until the feast of St. Michael last past, and throughout the whole of that time the said William, son of William, was there led away by them, and counselled to alienate his lands and tenements; and from the said feast of St. Michael, to the feast of St. Gregory last past, he was dwelling with the foresaid Nicholas Loveyne at Peneshurst, and elsewhere, and the said William, son of William, during the whole of that time was, by the said Nicholas, and the foresaid Walter, Richard de Sugworth, and Richard Maufe, there led away and counselled to alienate his lands and tenements.
'And they say that there is no waste or destruction in the foresaid lands and tenements.
'And, in like manner, they say, that Simon de Burgh, at his own suit, caused himself to be retained by the foresaid William, son of William, to be of his counsel, and made the said William, son of William, grant him, by his deed in writing, a certain annual rent of ten pounds, to him and his heirs, to be received from the said manor of Melton; which writing was delivered to the said Richard de Hurst, to be kept to the order of the said William; and afterwards, the said Richard delivered that writing to the said Simon, contrary to the wish of the said William.
'In testimony whereof the foresaid jury have attached their seals to this inquisition.
'Given at Canterbury, on the said Tuesday, in the fortieth year aforesaid.'
The evidences by which the said jury arrived at the knowledge of the age of the foresaid heir, appear in a certain schedule hereto attached.
The grounds on which they say and know that the infant is within age are these-to wit:
'In primis,-It is a thing known to many knights and squires on this inquest that they were with the Earl of Huntyngdon when our dread Lord the King was at Caine; and the said Earl of Huntyngdon, actually in company with him, at the time that the Earl of Ewe and the Chamberlain Tankerville were taken and sent to England; and at that time the said Earl of Huntyngdon returned to England, to be cured of a malady which he had, and Mr. William de Septvans, father of the infant, who was of the company and retinue of the said Earl, returned to England with him; at which time they found the wife of the said Mr. William pregnant of the said infant; and the Earl of Huntyngdon went away to Poplar (Popeler) to lodge there, in order to have his physicians handy from London, and made the Countess live at Preston, in order to be godmother of the child, when it should be born; and the infant was born on the day of St. Austyn the Doctor next after, and the Abbot of St. Austyn's, predecessor of the Abbot that now is, and Mr. Thomas Daldon the elder, who is dead, were godfathers of the said infant, and the Countess godmother; and very soon after, when the Earl was cured, he returned from thence over the sea, and came to the siege of Calais, and Mr. William de Septvans with him; and the said Mr. William told his companions, the knights-esquires who are now sworn on this inquest, how, since his departure from them, God, of his grace, had so visited him, that he had sent him a son; and that this thing is true, they are ready to do whatever it becomes any gentleman to do, and how long it is since the siege of Calais is not an unknown thing.
'Another evidence they have: William, Abbot of St. Austyn's, predecessor of the Abbot that now is, godfather of the infant, very soon after he raised him from the font, died, within one month after; and immediately the Abbot that now is, and the monks, sued our dread Lord the King, to obtain leave from him to go to a new election; and our dread Lord the King granted license by his patent, which is of record, and which was then shown at Canterbury, bearing date the twentieth year of the King that now is; and that this thing is true, the Abbot that now is, and the Prior of the said house, and a Doctor of Decrees, and other enough monks of the same house, are ready to prove, on their oath, when it shall please the King.
'The third evidence they have: there is one Sir John Frebody, parson of the church of Bocton, who was treasurer to Mr. Thomas Daldon, who was the other godfather of the infant, by whose account it appears, that he delivered to the said Mr. Thomas Daldon, his lord and master, a silver cup and ewer to give to the said infant, the which he gave to the said infant on the morrow of the feast of St. Austyn aforesaid, in the twentieth year of the King that now is.'
As by the record and process thereof held, and returned into the Chancery of our Lord the King, may more plainly appear.
And whereas our Lord the King was informed that the said William (after that the lands and tenements which are of his inheritance, and which by reason of his minority were in the King's hands, were delivered to the said William, out of the King's hands, by pretext of the foresaid proof,) alienated a large part of the said lands and tenements to divers persons, and bound himself to many persons in divers sums of money and annual rents, as well by letters of statute merchant, as by other divers deeds enrolled among the Rolls of the King's Chancery: He caused the foresaid record and process (as well for the indemnity of the said King, lest he should lose the custody of the foresaid lands and tenements by the said deception, as of the foresaid William, lest during his minority he be disinherited) to come into his Parliament, held at Westminster, on the morrow of the Invention of the Holy Cross, in the fortieth year of our said Lord the King; which record and process, and the inquisition and evidences aforesaid, being shown, read, and examined before our said Lord the King, the prelates, and magnates, and commonalty of the kingdom of England in the said Parliament; the said William, son of William de Septvans, being there in person, it appeared to the whole Parliament, that the said William, son of William, was not of full age, as is contained in the foresaid proof; whereupon it was considered in the said Parliament that that proof was of no value or effect, and that all the lands and tenements, with their appurtenances, which belonged to the said William de Septvans, father of the said William, son of William, and which, by reason of the minority of the said William, son of William, the heir of the said William de Septvans, were taken into the king's hands, and to the said heir, as of full age, by pretext of the foresaid proof (thus insufficiently made) were delivered out of the King's hands, should be reseized into the King's hands, to whosesoever hands they might have come; together with the issues received therefrom, from the time of the foresaid proof, and should remain in the King's hands until the legal age of the foresaid heir; and that all deeds, writings, and obligations, as well as of statute merchant and of the staple, as all other whatsoever, and also the recognizances by him made before the present time to any persons whatsoever, should be revoked, quashed, and altogether annulled. And that processes should be issued, by writs of 'scire facias,' against all those to whom any lands or tenements of the inheritance of the said William, son of William (after proof of the foresaid age, and livery of the lands and tenements of his inheritance, from our hands had), have been alienated; and also against all those to whom the said William, son of William, has granted any annual rents; also, against all those to whom the said William, son of William, is bound in any debts, by statute merchant or of the staple, or by recognizances, or charters, writings, or any other deeds; to cause them to come into the King's Chancery, to show if they have or know anything that they can say, for themselves, why the foresaid lands, tenements, and rents, thus alienated, ought not to be reseized into the King's hands, and the charters, writings, statutes, recognizances, obligations, and other deeds which were executed by the said William, son of William, quashed and annulled, as of no effect and in error; and to do and receive what shall be just in this matter.'
Now we, on the supplication of the said William de Septvans, have thought fit that the tenour of the record and process aforesaid, be exemplified by these presents.
In testimony whereof we have caused these our Letters to be made patent.
Witness ourself at Westminster, the first day of March, in the forty-first year of our reign.
[On the fold.] "Examined by John de Ffolkingham and Robert de Muskham."
[Sealed with the great seal.]
It is enrolled among the memoranda of the Exchequer, to wit, among the Records of Easter Term, in the forty-sixth year of the within-written King, on the part of the King's Remembrancer, to wit, in a certain process touching the within-written William Septvans.
March, 1366-7.
The "Earl of Ewe," alluded to at p. 130, was Raoul the third, Count of Eu and Guisnes, and Constable of France, who, with the Count de Tancarville, had been sent by the French King to take charge of the defence of Caen. On the appearance of the English forces before that town, the Bourgeois persuaded the two Counts, against their better judgment, to lead them out to attack the English. At the first sight of the British array, and at the sound of their cheers, the Bourgeois fled in dismay, leaving the two Counts at the Bridge, who, seeing themselves deserted by their followers, at once surrendered themselves prisoners, to save themselves from the indiscriminate slaughter which the British archers were mercilessly inflicting. The account which Froissart gives of the scene is so charmingly graphic, that it is impossible to resist the temptation of transcribing it. It must be observed, however, that some chroniclers accuse the two Counts of traitorous dealings with the English, and of passing over to them without fighting.
"Si tres Mt que ces bourgeois de la ville de Oaen virent approcher ces Anglois qui venoient en trois batailles, drus et serres, et aperçurent ces bannieres et ces pennons a grand foison ventiler et baloier (voltiger), et ouirent ces archers ruire (crier) qu'ils n'avoient point accoutume de voir ni de sentir, si furent si affrayes et deconfits d'eux mêmes, que tous ceux du monde ne les eussent mie retenus qu'ils ne se fussent mis a la fuite: si se retraist (retira) chacun vers leur ville sans arroy (ordre), voulut le connetable OU non.
"Adonc put-on voir gens fremir et ebahir, et cette battaille ainsi rangee deconfire a (avec) peu de fait, car chacun se pena de rentrer en la ville a surete. La eut grand enchaz (embarras) et maint homme renverse et jete par terre; et cheoient (tomboient) a mont l'un sur l'autre, taut etoient ils fort enhidez (epouvantes). Le Connetable de France, et le Comte de Tancarville, et aucunt chevaliers se mirent a une porte sur l'entree du pout a sauvete, car bien veoient (voyoient) que, puisque leurs gens fuyoient, de recouvrer n'y avoit point; car ces Anglois jil, etoient entres et avalez (descendus) entre eux, et les occioient (tuoient) sans merci, a volonte. Aucuns chevaliers et ecuyers et autres gens, qui savoient le chemin vers le chattel, se traient (rendoient) cette part; et tous les recueilloit Robert de Warignies, car le chattel est durement grand et plentureux. Ceux furent a sauvete qui la purent venir. Les Anglois, gens d'armes et archers qui enchassoient les fuyants, faisoient grand occision; car ils ne prenoient nulli (personne) a merci. Dont il avint que le Connetable de France et le Comte de Tancar ville, qui etoient montes en cette porte au pied du pont a sau vete, regardoient au long et a mont (en haut) la rue, et veoient (voyoient) si grand pestillence et tribulation que grand' hideur (terreur) etoit a considerer et imaginer; si se douterent (crai gnirent) d'eux memes qu'ils ne cheissent (tombassent) en ce parti et entre mains d'archers qui point ne les connussent. Ainsi qu'ils regardoient a val (en bas) en grand' doute (crainte) ces gens tuer, ils aperçurent un gentil chevalier Anglois qui n'avoit qu'un oeil, que on appeloit messire Thomas Holland, et cinq ou six bons chevaliers avec lui; lequel messire Tho mas ils aviserent, car ils s'etoient autrefois vus et com pagnes (tenus compagnie) l'un l'autre en Grenade et en Prusse et en autres voyages, ainsi que les chevaliers se trouvent. Si furent tous reconfortes quand ils le virent. Si l'appelerent en passant et lui dirent: 'Messire Thomas, parlez a nous.' Quand le chevalier se ouit nommer il s'arreta tout coi, et de manda, 'Qui êtes vous, seigneurs, qui me connoissez?' Les dessus seigneurs se nommerent et dirent, 'Nous sommes tels, venez parler a nous en cette poste, et nous prenez prisonniers.' Quand le dit messire Thomas ouit cette parole, il fut tout joy eux, tant pour ce qu'il les pouvoit sauver, comme pour ce qu'il avoit en eux prenant, une belle journee, et une belle aventure de bons prisonniers pour avoir cent mille moutons. Si se traist (retira) au pluMt qu'il put a (avec) toute sa route (troupe) cette part, et descendirent lui et seize des siens, et monterent a mont en la porte, et trouverent les dessus dits seigneurs et bien vingt cinq chevaliers avec eux, qui n'etoient mie bien as seurs (silrs) de l'occision qu'ils veoient (voyoient) que on faisoit sur les rues, et se rendirent tous tanMt et sans delai au dit messire Thomas, qui les prit et :fiaw;a ses prisonniers; et puis mit et laissa de ses gens assez pour les garder, et monta a che val et s'en vint sur les rues; et detourna ce jour a faire cruaute et plusieurs horribles faits qui eussent eM faits, si il ne fut alle au devant, dont il :fit aumc\ne et gentillesse.
"Avec le dit messire Thomas Holland avoit plusieurs gentils chevaliers d.' Angleterre qui rescouirent (empêcherent) maint meschef a faire, mainte belle bourgeoise et mainte dame de clo1.tre a violer."
[Insert Image of the battle]
Our Kentish readers will readily pardon the length of this extract from Froissart, as recording the noble and chivalrous bearing of one of our own most distinguished Earls.
This Sir Thomas Holland was husband of "the fair Maid of Kent," Joan Plantagenet, daughter of Edmund of Woodstock, Earl of Kent, the sixth son of Edward I. In her right (as sister and heir to her brother John Plantagenet) our "gentil chevalier" became Earl of Kent. He was likewise lord of the manors of Dartford and Wickham Breaux, and of the hundred of Littlefield, in this county.
L.B.L.
Endnotes
- Froissart states that the Earl of Huntyngdon commanded the flotilla in this expedition, and took back to England the prisoners and plunder of Caen: "Draps, joyaux, vaisselle d'or et d'argent, et toutes autres richesses dont ils avoient grand foison."
- The English army, under Edward III. and Geffrey d'Harcourt, arrived before Caen on the 26th July, 1346.
- Vide p. 134.
- This chapel was of her own foundation.