Magister Omer Justices Itinerant Epiphany 1282 Latin translation help please

[Jan Wolfe]

Here are two Justices Interant assises (Epiphany, 10 Edward I) involving the descent of property of Magister Omer in Ickham and Ash-next-Sandwich (called Ash next Wingham in the document) in Kent:
http://aalt.law.uh.edu/AALT4/Just1/Just1no1226/aJUST1no1226fronts/IMG_3372.htm
What exactly do they say?

[Jan Wolfe]

Here is my rough translation of the premise of the first case:
Assize of novel disseisin to declare whether Magister Omer of Canterbury uncle of John of Westgate & Richard Pris(?) died seised in his desmesne as of fee of two messuages & sixty & __ acres of land three acres of pasture and a half of one millhouse with pertinences in Ickham ___ ___ on the day etc. and if the forsaid John and Richard are his next heirs. And one Margaret daughter of Thomas Wyberd of Sandwich forsaid holds the land & half of the said millhouse who comes and says that the forsaid Magister Omer three days before his death demised the forsaid tenements & enfeoffed the same Margareta and Alphege her son. And the forsaid John and Richard say the the forsaid Magister Omere did not demise the forsaid tenements nor ... and that he died seised of them.

What is the verdict and why?

[celticp...@gmail.com]

Dear Jan ~

Here is my own rough translation of your assize text. I made several changes. The Latin word Magister is often left untranslated by modern scholars but I believe the modern correct translation is Master. Master Omer of Canterbury was a cleric with an advanced degree in civil law, as indicated by your own website.

Date: Vigil of the Epiphany 1 Edward 10 [i.e. 5 January 1282]
County: Kent.

An assize of novel disseisin [was held] to determine whether Master Omer of Canterbury, uncle of John of Westgate and Richard his brother, died seised in his desmesne as of fee of two messuages and sixty and __ acres of land, three acres of pasture, and a moiety of one mill with appurtenances in Icham juxta Litelburn [Ickham by Littlebourne, Kent] on the day etc. and if the forsaid John and Richard are his next heirs. And one Margaret daughter of Thomas Wyberd of Sandwich forsaid holds the land and half of the said mill who comes and says that the forsaid Master Omer three days before his death demised the forsaid tenements & enfeoffed the same Margaret and Alpheum her son. And the forsaid John and Richard say the the forsaid Master Omere did not demise the forsaid tenements nor ... and that he died seised of them.

The jurors say upon their oaths that the said Master Omer died seised of the said tenement and land ... and that he was of sound mind .... and that the said John and Richard [should] recover seisin against the said Margaret and Alpheum her son ... Damages £10 m.c.

I trust this is helpful to you.

Best always, Douglas Richardson, Salt Lake City, Utah

[celticp...@gmail.com]

Dear Jan ~

I see you spelled the word desmesne. However, the correct spelling is demesne.

Check out the following weblink:

https://www.google.com/search?q=demesnes&oq=demesnes&aqs=chrome..69i57j0l7.5377j1j4&sourceid=chrome&ie=UTF-8

DR

[Jan Wolfe]

On Monday, May 11, 2020 at 3:31:47 PM UTC-4, celticp...@gmail.com wrote:
> Dear Jan ~
>
> Here is my own rough translation of your assize text. I made several changes. The Latin word Magister is often left untranslated by modern scholars but I believe the modern correct translation is Master. Master Omer of Canterbury was a cleric with an advanced degree in civil law, as indicated by your own website.
>
> Date: Vigil of the Epiphany 1 Edward 10 [i.e. 5 January 1282]
> County: Kent.
>
> An assize of novel disseisin [was held] to determine whether Master Omer of Canterbury, uncle of John of Westgate and Richard his brother, died seised in his desmesne as of fee of two messuages and sixty and __ acres of land, three acres of pasture, and a moiety of one mill with appurtenances in Icham juxta Litelburn [Ickham by Littlebourne, Kent] on the day etc. and if the forsaid John and Richard are his next heirs. And one Margaret daughter of Thomas Wyberd of Sandwich forsaid holds the land and half of the said mill who comes and says that the forsaid Master Omer three days before his death demised the forsaid tenements & enfeoffed the same Margaret and Alpheum her son. And the forsaid John and Richard say the the forsaid Master Omere did not demise the forsaid tenements nor ... and that he died seised of them.
>
> The jurors say upon their oaths that the said Master Omer died seised of the said tenement and land ... and that he was of sound mind .... and that the said John and Richard [should] recover seisin against the said Margaret and Alpheum her son ... Damages £10 m.c.
>
> I trust this is helpful to you.
>
> Best always, Douglas Richardson, Salt Lake City, Utah
>

> > > http://aalt.law.uh.edu/AALT4/Just1/Just1no1226/aJUST1no1226fronts/IMG_3372.htm

Thank you, Douglas, your translation is very helpful.
Yes, Master Omer had a extensive career as a lawyer for Christ Church Canterbury as described in my notes, https://www-personal.umich.edu/~bobwolfe/gen/pn/p20439.htm.

Margaret daughter of Thomas Wybert of Sandwich is an interesting person as well. She appears to have had at least two sons by Master Omer. See the entries dated 1282 in my notes. During the next decade, Margaret brought suits against a number of people.

In 1313 or 1314 Margaret's grandsons brought a suit against Walter of Bathonia concerning the same property in Ickham. See http://aalt.law.uh.edu/AALT4/JUST1/JUST1no382/aJUST1no382fronts/IMG_0505.htm, second case on the page. This case is transcribed and translated (with errors and omissions) here, https://babel.hathitrust.org/cgi/pt?id=coo.31924084144322&view=1up&seq=224. Also see https://archives.canterbury-cathedral.org/CalmView/Record.aspx?src=CalmView.Catalog&id=CCA-DCc-ChAnt%2fI%2f207&pos=1 and https://discovery.nationalarchives.gov.uk/details/r/C5886301.

The Wyberd/Wyberts were a prominent family in Sandwich. A Simon Wybert was mayor during Margaret's lifetime and various members of the family were the collectors of custom duties in Sandwich.

The heirs of Henry Wyberte are in the list of people holding land of the Lady Chantry in Ash in 1546, as were Edward Stoughton and Mildred, Richard, and Roger Omer. See _The Canterbury Chantries and Hospitals, 1546_, transcribed by Edward Lancelot Holland and edited by Charles Cotton, (Kent Records, 1934), 53-54. (https://babel.hathitrust.org/cgi/pt?id=uc1.l0082636440&view=1up&seq=74, but not viewable online except for those currently eligible for emergency access)

[sba...@mindspring.com]

On Monday, May 11, 2020 at 2:31:47 PM UTC-5, celticp...@gmail.com wrote:
> Dear Jan ~
>
> Here is my own rough translation of your assize text. I made several changes. The Latin word Magister is often left untranslated by modern scholars but I believe the modern correct translation is Master. Master Omer of Canterbury was a cleric with an advanced degree in civil law, as indicated by your own website.
>
> Date: Vigil of the Epiphany 1 Edward 10 [i.e. 5 January 1282]
> County: Kent.

A couple of minor additions and corrections are interspersed.

> An assize of novel disseisin [was held] to determine whether Master Omer of Canterbury, uncle of John of Westgate and Richard his brother, died seised in his desmesne as of fee of two messuages and sixty and __ acres of land,

sixty and five (sexaginta & quinque) acres

three acres of pasture,

meadow (pratum), not pasture (pastura)

and a moiety of one mill with appurtenances in Icham juxta Litelburn [Ickham by Littlebourne, Kent] on the day etc. and if the forsaid John and Richard are his next heirs. And one Margaret daughter of Thomas Wyberd of Sandwich forsaid holds the land and half of the said mill who comes and says that the forsaid Master Omer three days before his death demised the forsaid tenements & enfeoffed the same Margaret and Alpheum

Alpheus (nominative) is better than Alpheum (accusative). When translating a declined language like Latin into English, the nominative form is generally used, regardless of how the name appears in the original sentence.

...

Stewart Baldwin

[Jan Wolfe]

On Monday, May 11, 2020 at 11:58:13 PM UTC-4, sba...@mindspring.com wrote:
> A couple of minor additions and corrections are interspersed.
>
> > An assize of novel disseisin [was held] to determine whether Master Omer of Canterbury, uncle of John of Westgate and Richard his brother, died seised in his desmesne as of fee of two messuages and sixty and __ acres of land,
>
> sixty and five (sexaginta & quinque) acres
>
> three acres of pasture,
>
> meadow (pratum), not pasture (pastura)
>
> and a moiety of one mill with appurtenances in Icham juxta Litelburn [Ickham by Littlebourne, Kent] on the day etc. and if the forsaid John and Richard are his next heirs. And one Margaret daughter of Thomas Wyberd of Sandwich forsaid holds the land and half of the said mill who comes and says that the forsaid Master Omer three days before his death demised the forsaid tenements & enfeoffed the same Margaret and Alpheum
>
> Alpheus (nominative) is better than Alpheum (accusative). When translating a declined language like Latin into English, the nominative form is generally used, regardless of how the name appears in the original sentence.
>
> ...
>
> Stewart Baldwin

Thank you, Stewart, for the additional corrections and suggestions. I had thought that the word after sexaginta & was either four or five, but how can you tell which?

There is no g in the name written of Margaret's son, but I thought that perhaps he was named for St. Aelfheah, the martyred prior, now called St. Alphege.

Margaret doesn't mention any document confirming the demise and feoffment of the property. Were deathbed demises and feoffments allowed and recognized? Master Omer was a knowledgeable and experienced lawyer. Surely he would have anticipated the difficulties Margaret and her sons would have had in holding the property.

In the second case, for the property in Ash, Margaret states that the demise and feoffment were made when he was "compos mentis & sane memor'" rather than three days before his death.

[Jan Wolfe]

On Tuesday, May 12, 2020 at 1:19:42 PM UTC-4, Jan Wolfe wrote:
> Thank you, Stewart, for the additional corrections and suggestions. I had thought that the word after sexaginta & was either four or five, but how can you tell which?
>
> There is no g in the name written of Margaret's son, but I thought that perhaps he was named for St. Aelfheah, the martyred prior, now called St. Alphege.
>
> Margaret doesn't mention any document confirming the demise and feoffment of the property. Were deathbed demises and feoffments allowed and recognized? Master Omer was a knowledgeable and experienced lawyer. Surely he would have anticipated the difficulties Margaret and her sons would have had in holding the property.
>
> In the second case, for the property in Ash, Margaret states that the demise and feoffment were made when he was "compos mentis & sane memor'" rather than three days before his death.

Another fact about these two assises is that orders for them were recorded in the Patent Rolls in 8 and 9 Edward I:

m. 8d. (10). and In. 8d. (11). Ickham (Kent); appointment of Stephen de Penecestre and John de Cobham to take the assise of mort dancestor arraigned by Cecilia late wife of Walter le Tanur against Margaret daughter of Thomas Wyberd and others, touching possessions in ; and a similar assise arraigned by the said Cecilia against the said Margaret and Alphege her son, touching possessions in Ash-near-Wingham.

m. 6d. (83). Ickham-near-Wingham (Kent); appointment of Stephen de Pene cestre and John de Cobham to take the assise of mort dancestor arraigned by Cecilia late wife of Walter le Tanur against Margaret daughter of Thomas Wiberd and Alphege her son, touching possessions in ; and a similar assise between same, touching a mesuage and land in Ash-near-Wingham.
https://babel.hathitrust.org/cgi/pt?id=mdp.39015032995824&view=1up&seq=127

m. 24d. (59). Elham (“Ilham”), Wingham, and Ash (Kent); appointment of John de Cobham and Roger de Leicester to take the assise of mort dancestor arraigned by Cecilia late wife of Walter le Tanur against Margaret daughter of Thomas Wyberd and Alphege her son, touching possessions in.https://babel.hathitrust.org/cgi/pt?id=hvd.32044024517682&view=1up&seq=103

Perhaps John of Westgate and his brother Richard were the sons of Cecilia late wife of Walter le Tanur?

The two assises quote what Margaret said, but on the previous page she appears to have put two agents in her place to argue the case:

Margar' fil Thome Wibert de Sandwico po loco suo Joh'm fil Henr' de Wingeham ut John ____ vers Joh'm de Westgate & Ric'm f'rem ei' de duob' _____ de pl_s assi'e mort dancestor
http://aalt.law.uh.edu/AALT4/Just1/Just1no1226/aJUST1no1226fronts/IMG_3371.htm (last entry on the page)

[sba...@mindspring.com]

On Tuesday, May 12, 2020 at 12:19:42 PM UTC-5, Jan Wolfe wrote:
> Thank you, Stewart, for the additional corrections and suggestions. I had thought that the word after sexaginta & was either four or five, but how can you tell which?

The word "quinque" (five) is written as a "q" followed by a superscript "i" (abbreviating "ui") followed by "nq" followed by an attached symbol that looks like a small slender numeral "3" (abbreviating "ue"). In this case, the word is made harder to read by the fact that both of the q's have their left and right halves separated, each resembling "cj" at first glance.

> There is no g in the name written of Margaret's son, but I thought that perhaps he was named for St. Aelfheah, the martyred prior, now called St. Alphege.
>
> Margaret doesn't mention any document confirming the demise and feoffment of the property. Were deathbed demises and feoffments allowed and recognized? Master Omer was a knowledgeable and experienced lawyer. Surely he would have anticipated the difficulties Margaret and her sons would have had in holding the property.
>
> In the second case, for the property in Ash, Margaret states that the demise and feoffment were made when he was "compos mentis & sane memor'" rather than three days before his death.

In the first case, it was ruled that Omer had never demised the property to Margaret, and John and Richard recovered their seisin. In the second case, it was ruled that Omer had demised the property to Margaret, and the case was judged in Margaret's favor, with John and Richard being at mercy for a false claim. In the verdicts of the cases which follow the words "Juratores dicunt", note that the word "numquam" ("never", difficult to read because of the abbreviated form and all of those consecutive minims) appears before "se demisit" in the verdict of the first case, but not in the verdict of the second case.

Stewart Baldwin

[Jan Wolfe]

Thank you Stewart, for this important additional information and for the clear instructions on how to read quinque. I hadn't tried to look again at the verdicts. I wonder why Margaret's claim was accepted in the one case but not the other. It was just the Ickham property that was contested again in 1313-1314 by Margaret's grandsons. It was in Ash that heirs of Henry Wiberte were listed with property held of Lady Chantry in 1546.

[jmb...@albion.edu]

Jan, have you made any headway with the family of Laurence Omer (bur.1486/7) since your posts here in 2017? I wasn’t sure if your (very excellent) website was up-to-date. Impressed congratulations on your continued discovery of Master Omer’s family.
A fellow Omer descendant,
Jim+

[Jan Wolfe]

Hi Jim,

Yes, my website is up-to-date except for adding the information discussed in this thread and some information about the Wybert family. I'll do that soon. Perhaps a few more participants will provide additional insights about the 1282 and 1313-1314 court cases.

Laurence is still the earliest Omer in my documented line to the present. I have recently corresponded with a descendant of a daughter of Laurence's grandson Roger. He and I have been working on the Wybert cases and gathering information about the Wybert family of Sandwich. The 1313-1314 case documents that Margaret had grandsons living at the time of the case. Two of the grandsons, Stephen and Henry, were sons of Margaret's son Simon, plausibly a son of Magister Omer.

Here is a link to the 2017 thread: https://groups.google.com/forum/#!msg/soc.genealogy.medieval/QL6a3Dg3MrM/eqxg3XBuBgAJ