English Politics and the Sheriff of Kent, 1378

ENGLISH POLITICS AND THE SHERIFF OF KENT, 1378 By FELIX HULL, B.A., Ph.D., and ROSEMAEY A. KEEN, B.A. THE years 1376-8 were full of intense pohtical activity and intrigue. By 1376 the old King, Edward III, was under the influence of his fourth son John, Duke of Lancaster, best known as John of Gaunt, and also of his mistress Alice Perrers. The heir apparent, Edward the Black Prince, lay dying, unable to exert any great influence on public affairs, whUe his son, Richard, was but a minor. In this situation there was a remarkable drawing together of all those in opposition to Lancaster, an opposition most fully iUustrated in the work of the " Good Parliament " held in April, 1376, when lords and commons united to bring down those who had the ear of the King. The spokesman of this popular party was Peter de la Mare, and he sponsored forceful measures against the minions of Lancaster and even against Alice Perrers herself. In this activity the knights of the shire among the Commons appear to have been virtuaUy unanimous.1 The months immediately foUowing this assembly saw the faUure of its hopes ; the death of the Black Prince and the reassertion of Gaunt as the power behind the throne. By the autumn the nobles who had assisted in the work of the " Good Parliament " had been bribed or otherwise tamed and Lancastrian power rebuUt to such a degree that the acts of that parhament were expunged from the Statute Book and the assembly itself declared no parhament. By the end of the year a new parhament was caUed of which it was written : " the Duke had obtained knights of the counties of his own choosing." So much was this the case that a mere handful remained of the earher opposition and de la Mare languished in prison. The " Packed Parliament " of January, 1377, marked a new high limit for the Duke's power, but it was based largely on the support of an old and aUing man, and when Edward I I I died on 21st June, John of Gaunt's influence was temporarfly at an end. For the next year at least Richard I I ruled largely without his uncle's close advice and the power of Lancaster, although stUl considerable, was relatively in echpse. Apart from the power resulting from pohtical intrigue, it must be recaUed that Lancastrian strength arose from the ownership of vast estates in every county within the kingdom. Even in Kent there were a number of manors within the hberty of the Duchy, though it must be 1 See Trevelyan, England in the Age of Wycliffe, for an account of this affair. 206 ENGLISH POLITICS AND THE SHERIFF OF KENT, 1378 admitted that these were largely in West Kent and except for West Wickham were by no means of outstanding importance or wealth. This is the general background to an important and interesting document which recently came into the Kent Archives Office. Early in 1957 the County CouncU acquired nearly 400 medieval deeds relating to the famUy of de Cobham, a number of which are worthy of detaUed treatment.1 One of these is the release in 1378 by Thomas de Cobham at the close of his year as high sheriff to his successor, John de Freningham, of all the effects of his office. Itself an unusual and valuable document, its interest is enhanced by the pohtical implications of the period. In 1376 the sheriff of Kent was Nicholas atte Crouch, and into his hands feU the task of acting as returning officer for the election of knights in AprU of that year. The Kent members were Thomas Fogge and Thomas de Cobham, releasor of the document in question. So far as we know, therefore, he was one of the knights in that assembly who attacked and temporarUy overthrew the power of John of Gaunt. Nor is this unexpected, for the temper of Kent was hardly hkely to be in line with the house of Lancaster. Kentish associations tended to lie with the fortunes of the Black Prince and with his wife, Joan Plantagenet, the Fair Maid of Kent. • On the other hand the existence of Duchy manors in Kent and more especially the fact that the Earl of Stafford, a close henchman of the Duke's, owned Tonbridge Castle, would presuppose a Lancastrian faction which might be aroused when need served. It is the more regrettable, therefore, that so far it has not been possible to sift the evidence which might establish the political affinities of Henry de Apuldrefeld who became sheriff in the autumn of 1376, when Gaunt's star was once more in the ascendant, and who was returning officer at the time of the " Packed Parhament," when Robert Paskelle and Arnold St. Leger sat for Kent. Apuldrefeld was not fated to retain his shrieval office for a fuU term, for ancient usage decreed that the sheriff's official " death " coincided with that of the monarch. In June, therefore, the death of Edward resulted in a change of sheriffs and the name of Thomas de Cobham was pricked for Kent. Can it be entirely coincidence that on two occasions within eighteen months when the Lancastrian fortunes were at a low ebb, de Cobham was chosen to represent his county, first as knight and then as sheriff ? In the autumn of 1377 he in turn made a return of knights for a new parhament, naming James de Peckham and John de Freningham. The latter was to be de Cobham's successor as sheriff in 1378 and the recipient of the deed referred to above. 1 K.A.O., U601. Although originally part of the Cobham Hall MSS., these deeds were sold many years ago and formed part of the Clapper Brooke collection. 207 ENGLISH POLITICS AND THE SHERIFF OF KENT, 1378 What, then, are the contents of this document ? I t begins with references to the fiscal duties of the sheriff, the annual rental of the tourn, a matter of £44 Os. 5|d., and writs relating to payments to five pensioners of whom Nicholas Episwych, Nicholas Barber, Peter Reade and John Musket are not identifiable with any degree of certainty.1 The fifth person hsted has a very special Kent interest, for it is Joan Princess of Wales, the Fair Maid herself, towards whose pension the sheriff finds £30 a year. Then follows the handing over of Canterbury Castle and the 23 prisoners therein. With a few exceptions the form of entry gives the name of the prisoner, the person before whom and occasionally where he was indicted, and the person or persons with whom the indictment rests [" cuius indicamentum remanet penes A.B."]. This type of entry accounts for aU but four prisoners. The four exceptional cases are those of John Knyght taken armed and WUliam Crouch taken with a horse, for whom no further information is given presumably because they were caught red-handed ; and Wilham White and John Thedam of Elham who were involved in financial cases based on statutes staple, the former man being heard before " maiore Stapule de Quesneburgh."2 I t is unfortunate that the charge against the prisoners is not necessarUy given. The coroner as the officer responsible in cases of sudden death prefers the charge against the prisoners in nine cases. In two instances felony is given without further detaU, but regarding the five men indicted before Thomas Garwentone, Wilham Makenade and William Home, justices of peace, there is no indication of their crime. Since the parishes in which the prisoners resided are not named, little can be added to their story. Agnes Jekyn was indicted to answer regarding the death of WiUiam Jekyn, her husband ; Thomas Thedam senior of Elham, as mentioned above, was involved in a debtor's suit with John Pyel, citizen of London ; and John Cokkesford was indicted regarding the death of John Ricard of Hoo St. Werburgh. John Knyght who was taken armed had in his hand a sword, " 3one," "unius loculi vocato Pouche " and a dagger to the value of five shUlings. The " 3one " would appear to be an early use of the word " gun," though whether in 1378 it can be said to relate to a form of firearm must remain doubtful.3 The juxtaposition of a gun and a pouch is at least suggestive. 1 The Patent Rolls refer to a Peter Rede of Dover who was a commissioner regarding piracy in 1370, and also to a Nicholas Barber who was " Serjeant of the livery of the household " and was granted a pension of 10 marks a year in January, 1371. 2 Queenborough received its grant of a staple in 1369, and this must be one of the few early references to the wool trade there. 3 N.B.D. also gives Chaucerian use of word for a missile hurled by an engine of war. 208 ENGLISH POLITICS AND THE SHERIFF OF KENT, 1378 After the list of prisoners the equipment associated with incarceration is listed. Some of these words are obscure, but it is evident that the sheriff had a due supply of shackles, manacles, branding irons, locks and keys, together with " unum hamer." FinaUy there are hsted six indictments remaining in the sheriff's hands, aU of which were taken before previous sheriffs or their bailiffs and with one exception were heard at a tourn. The exception is that heard before the bailiff of Shewinghope at a view of frankpledge held at Longbridge. We are given no details of the charges, but the prisoners include WiUiam Berker of Eastling, John Bocher of Chepstowe, WUliam Haket, chaplain, charged with certain felonies, and also Thomas " persona de ecclesie de Lullyngston." While a single document of this kind cannot be the basis for detaUed study leading to definite conclusions, a number of its features are of some special interest. First there is the vitality of the sheriff's jurisdiction which was based on the lathe and not the hundred. Including the six recorded indictments there are seven direct references to cases heard before the sheriff at the tourn. Secondly there are the coroners who also were apparently appointed on a lathe basis at this time. This is fresh information regarding the function of that unit of administration during the later Middle Ages. Thirdly the references to justices, by being unrelated to territorial divisions, emphasize the more modern origin of that office. One final problem is as yet unresolved. In this document are named in all seven coroners, or past coroners, one of whom has died. Three of the remainder have relinquished or been relieved of their office. Yet normally the coroner, unlike the sheriff, served for life and could only be removed on account of his unsuitabihty, in which case a writ of de coronatore exonerando was prepared. It is tempting to wonder whether, as certainly happened with sheriff's and the knights of the shire they returned, there was any tampering with the coroners by the intriguing pohticians and nobles of the day.1 What foUows is an extended transcript of the deed with the minimum of modernization of usage ; and then a table setting out the twenty-three prisoners and all the relevant information regarding them. Hec indentura facta apud Cantuariam die lune proximo ante festum sancti Thome Apostoh anno regni Regis Ricardi secundi post conquestum secundo testatur quod Thomas de Cobeham nuper vicecomes Kancie liberavit Johanni de Frenyngham nunc vicecomito euisdem 1 The general thesis of this note is supported by the evidence of the Coram Rege roll for Michaelmas Term, 1381, given in full with a useful introduction in Arch. Cant., IV (1861), 67-86. In this there is evidence for later intrigue by John of Gaunt's supporters which included- the intended killing of both de Cobham and Frenyngham, surely a significant sequel to the events noted above. 209 ENGLISH POLITICS AND THE SHERIFF OF KENT, 1378 comitatus successori predicti Johannis virtute brevis domini Regis eidem Thome directi predictum comitatum cum rotulis brevibus memorandis et omnibus ahis ad officium vicecomitem spectantibus videhcet unum Rentale de redditu turni vicecomitis continens per annum xlnij h vd ob. unam cedul' de munitis redditibus unum breve patens pro Nicholao Episwych heremita de tribus denariis diurnis unum breve patens pro Nicholao Barber de vjd diurnis unum breve patens pro Petro Reade de x marcis annuis unum breve patens pro Johanne Musket de iijd. per diem unum breve patens pro Johanna principissa WaU' de xxx li annuis Et predictus Thomas liberavit prefato Johanni Castrum Cantuariense cum prisonibus et omnibus ahis et singulis in predicto castro existentibus videlicet corpus Willelmi Foxtegh indicati coram WUlelmo Apuldrefeld nuper vicecomito comitatus predicti ad Tournum Suum tentum apud Shewynghopeshasshe cuius indicamentum remanet penes Robertum Bealknapp' et Rogerum Digge nuper justiciarios ad goalam castri Cantuariense deliberandum assignatos corpus Radulphi Godefray indicati coram Ricardo Pope nuper coronatoro domini Regis in lasto de EiUesford de morte Johannis Rielf cuius indicamentum remanet penes eundem nuper Coronatorem Corpus Agnetis Jekyn indicato coram Johanne de Evesyngge nuper Coronatoro domini Regis in lasto de Shewynghope iam defuncto de morte WUlelmi Jekyn quondam viri suo cuius indicamentum remanet penes Eustachium de Evesyng' filium et heredem predicti Johannis nuper Coronatoris Corpus Roberti Lethirstede indicati coram Johanne Colbrond ballivo lasti de Shewynghope de diversis feloniis simUiter cum indicamento eiusdem Roberti Corpus Johannis Knyght capti cum manuopere unius gladu unius 3one unius loculi vocati Pouche unius cultelli vocati Daggere preen vs. una cum manuopere predicto Corpus John Burgh approbatoris cuius appellum remanet penes Johannem Belsham coronatorem civitatis Cantuariense Corpus Thome Blere indicati coram Roberto de Haghe nuper coronatoro domini Regis in lasto Sancti Augustini de morte Thome atte Hoo cuius indicamentum remanet penes eundem nuper coronatorem Corpus WUlelmi Pollard approbatoris cuius appellum remanet penes Rogerum Delham coronatorem domini Regis in lasto de EUlesforde Corpus WUlelmi Crouche capti cum manuopere unius equi similiter cum equo predicto Corpus Simonis Bone indicati coram Johanne Toucestre coronatorem domini Regis in lasto sancti Augustini de morte Johanni Foghel cuius indicamentum remanet penes eundem coronatorem Corpora Johannis PippeweU Johannis Watson1 Johannis Orpyntone WUlelmi Shachleffeld1 et Thome1 Cokman indicata coram Thoma Garwentone WUlelmo Makenade et WUlelmo Home justiciarios domini Regis ad pacem 1 These three names have been amended by the scribe and his earlier entries deleted. 210 ENGLISH POLITICS AND THE SHERIFF OF KENT, 1378 ipsius Domini Regis de diversis felonns Corpus Ricardi Derby indicati coram Johanne de Dene nuper Coronatorem domini Regis in lasto de EUlesford de morte Johannis Detlynge cuius indicamentum remanet penes eundem nuper Coronatorem Corpus WiUelmi White capti per quoddam breve Dominis Regis de Statute Stapule occasione cuiusdam recognitionis per predictum WiUelmum cuiusdam Johanni de Kelsham coram maiore Stapule de Quesneburgh primo die Januarie anno domini Efdwardi] tercii nuper Regis Anglie xlvij0 facte [de xl h written above in different ink] quas ei solvisse debuit in festo sancti Petri quod dicitur advincula tunc proximo sequento 1Corpus Johannis Thedam senior' de Elham captum per quoddam breve domini Regis de Statuti Stapule occasione cuiusdam recognitionis facte per predictum Johannem cuidam Johanni Pyel civi London' de ducentis libris quas ei Solvisse debuit in festo Pasch' anno regni domini E[dwardi] tercii nuper Regis Anglie xlviij° Corpus Johannis Cokkesford indicati coram Ricardo Pope nuper Coronatorem domini Regis in lasto de EiUesford de morte Johannis Ricard de parochia sancte Wereburge in Hoo cuius indicamentum remanet penes eundem nuper coronatorem Corpus Mauridi Northwode indicati coram Johanne Toucestre coronatorem domini Regis in lasto sancti Augustini de morte Johannis Lepere cuius indicamentum remanet penes eundem coronatorem Item corpus Henrici Dod indicati coram Johanne de Evesynge nuper coronatorem domini Regis in lasto de Shewynghope de morte Johannis Poosh cuius indicamentum remanet penes Eustachium filium et heredem predicti nuper coronatorem Corpus Johannis Stede indicati coram Johanne Dene nuper Coronatorem domini Regis in lasto de EUlesford de morte Johannis Seathman cuius indicamentum remanet penes eundem nuper coronatorem Corpus Rogeri atte Broke indicati coram Roberto BeaUoiapp et sociis suis nuper justiciariis domini Regis E[dwardi] tertii nuper Regis Anglie ad pacem nominatis nuper domini in comitatu predicto conservandum assignatis de diversis felonns cuius indicamentum remanet penes eosdem nuper Justiciarios item predictus Thomas liberavit prefato Johanni nunc vicecomito tria pecia comped'2 cum quatuor cereris et quatuor clavibus duo pecia fergerum tres graperas tres shakeles ferreis unum annelt unum pouchoum unum hamer Item liberavit prefato nunc vicecomiti quoddam indicamentum captum coram Galfrido Colpeper nuper vicecomiti comitatu predicti ad Tournum suum tentum apud Shewynghope in Septimania Pasche de WUlelmo Berker de Eslynge Item unum aliud indicamentum captum coram WUlelmo Apuldrefeld nuper vicecomiti comitatu predicti ad Tournum suum 1 Change of ink. Up to this point the deed appears to have been prepared in advance with considerable care, the remainder and the alterations noted may well have been added some days later and show evidence of being cramped for laok of space. 2 compedito : to shackle. 211 No. in doc. Name of prisoner Charged before Where charged Crime, if stated Indictment rests with 1 2 3 4 6 7 8 10 11 12 13 14 15 16 tss 17 i—' bo 18 19 20 21 22 23 5 9 William Foxtegh Ralph Godefray Agnes Jekyn Robert Lethirstede John Burgh Thomas Blere William Pollard Simon Bone John Pippewelle John Watson John Orpyntone William Shacklefeld Thomas Cokman Richard Derby William White William Apuldrefeld, sheriff Richard Pope coroner of John de Evesynge, deed., former coroner of John Colbrond, bailiff John Belsham coroner of Robert de Haghe former coroner of Roger Delham coroner of John Toucestre coroner of Thomas Garwentone William Makenade William Home . Justices of peace John de Bene former coroner of "maiore Stapule de Quesneburgh " John Thedam senior of Elham — John Cokkesford Maurice Northwode Henry Dod John Stede Roger atte Broke John Knyght " capti' William Crouche " cap Indictments Richard Pope [as in 2] John Toucestre [as in 10] John de Evesynge [as in 3] John Dene [as in 16] Robert Bealknapp " et sociis," justices of peace with sword, 3one, pouche, dagger worth 5s i " with a horse Tourn at Shew inghopehasshe Aylesford Shewinghope Shewinghope Canterbury St. Augustine Aylesford St. Augustine Aylesford — Aylesford St. Augustine Shewinghope Aylesford . in his hand — death of John Rielf death of her husband William Jekyn felony appeal case death of Thomas atte Hoo appeal ease death of John Foghel death of John Detlynge debt; statute staple debt; statute staple death of John Ricard of Hoo St. Werborough death of John Lepere death of John Poosh death of John Seathman felony Robert Bealknapp & Roger Digge justices of gaol delivery ' Richard Pope Ernest de Evesynge son of John John Colbrond — Robert de Haghe John Toucestre John de Dene John de Kelsham John Pyel citizen of London Richard Pope John Toucestre Ernest de Evesynge [as in 3] John Dene — H !zj Q £ CO w H3 Oe a o CD i> £ 0 CO a W tad taf o W 1 William Berker of Eastling 2 John Bocher of Chepstowe 3 John Chesman 4 William Haket, chaplain 5 Richard de Renham 6 Thomas parson of Lullingstone Geoffrey Colpeper, sheriff William Apuldrefeld, sheriff John Colbrand, bailiff Nicholas atte Crouch, sheriff Robert de Notyngham, sheriff Henry Apuldrefeld, sheriff Tourn at Shewinghope „ Sutton at Hone " ad visum francplegii apud Longbredge " Tourn at St. Augustine „ at Shipway „ at Sutton at Hone ENGLISH POLITICS AND THE SHERIFF OF KENT, 1378 tentum apud Sutton atte Hone de Johanne Bocher de Chepstowe et ahis in eodem indicamenta contento item quoddam indicamentum de Johanne Chesman capto coram Johanne Colbrand balhvo domini Regis in lasto de Shewynghope ad visum francplegn tentum apud Longebregge de diversis felonis item unum ahud indicamentum de WiUelmo Haket capeUano capto coram Nicholao atte Crouch nuper vicecomiti comitatus predicti ad Turnum suum tentum apud Sanctum Augustinum de quibusdam feloniis item unum indicamentum factum coram Roberto de Notyngham nuper vicecomiti comitatus predicti ad Turnum suum tentum apud Shipweye de Ricardo de Renham de quibusdam felonns Item unum indicamentum de Thoma persona de ecclesie de Lullyngeston factum coram Henrico Apuldrefeld nuper vicecomiti comitatus predicti ad Turnum suum tentum apud Sutton atte Hone die Sabbati in Septimania Pasche In cuius rei testimonium partes predicti Hns indenturis sigUlasua alternatim apposuerunt. Datum die et anno supradictis. [Armorial seal of Thos. de Cobeham. Device : a cross. Legend : S. Thome . de . Cobeham. See Arch. Cant., XXVIII (1909), 237-8, explaining the connection of Cobham of Rundale with the Pencestre famUy. This seems undoubtedly a use by this branch of the Cobham house of the Pencestre arms, gules, a cross argent, such as was borne by Stephen de Cobham, grandfather of Thomas.] 213