with the proviso that the cemetery should always be treated as consecrated[110] ground. The value of the church was 20s. a year[111].
At the Council of Lyons in 1274 the Friars of the Penitence of Jesus Christ, or ‘Friars of the Sack,’ were forbidden to admit new members[112], and the Order came to an end when the old members died out. The Minorites and their friends therefore applied themselves to secure the property. As early as 1296 Boniface VIII wrote to the Bishop of Lincoln, ordering him[113] to allow the Friars Minors to take possession of the house or area of the Friars of the Sack, whenever the five remaining brethren should die or transfer themselves to other religious Orders. At the court of Clement V, the first of the Avignon popes, the claims of the Minorites were urged by John of Britanny, Earl of Richmond; and Clement issued a Bull in their favour, dated the 27th of May, 1309 (VI Kal. Jun. Ao IV)[114].
‘In a petition exhibited to us on your part,’ runs the document, ‘it is contained that owing to the narrowness of your place at Oxford, you and other friars, there flocking together to the University from divers parts of the world in great multitude, do endure manifold wants and various inconveniences. Since therefore the place of the Friars of the Penitence of Jesus Christ of the same place of Oxford adjoining your place, is shortly, as is believed, to be relinquished by the said Friars, to remain at the disposal of the Apostolic Seat, according to the tenor of the Constitution published by Pope Gregory X, our predecessor, in the Council of Lyons, it is humbly prayed us, that we deign to concede to you that place for the enlargement of your place aforesaid.’
This prayer the Pope goes on to grant ‘of his special favour,’ mentioning the earnest supplications of John of Britanny[115] on behalf of the friars.
The King, however, also had a claim to dispose of lands which his grandfather had granted, and which, in default of heirs or successors, legally escheated to the Crown. By Letters Patent dated the 28th of March, 1310[116], Edward II assigned to the Friars Minors the property which Henry III had previously given to the Penitentiary Friars, with the same stipulation as to the cemetery. The land is accurately described; it was contiguous to the place of the Friars Minors, in the suburb of Oxford, twenty and a half perches long from north to south, six perches wide at the south end, two and a half at the north, and four perches seven feet in the middle.
Letters Patent of the same day[117] confirmed the grant of four other parcels of ground to the Friars Minors: some of these may have been previously held by the Friars of the Sack. The ‘plot of ground in Oxford,’ five perches two feet from east to west, two perches and a half from north to south, conferred on the Minorites by John Wyz and Emma his wife, may have been within the walls, near the West Gate; the others were in the suburb. Henry Tyeys gave land measuring six perches by five, and lying between the site of St. Budoc’s Church and the Thames (Trill Mill Stream); Richard le Lodere’s land, measuring fourteen and a half perches five feet, by four perches and three feet, and stretching from the Thames to the above-mentioned place of Henry Tyeys, was included in the grant, as was a larger plot[118], measuring sixteen and a half perches from the Thames to the ‘royal way,’ and ten perches in breadth; which seems to have included the south part of Paradise Gardens[119].
All these places are described as adjoining the property of the Warden and Friars Minors of Oxford.
It was probably at the instance of the Crown and as a protest against the papal claims that the Minorites a few years later formally surrendered to the King the area which had belonged to the Penitentiaries, ‘in its entirety as it came into their hands,’ and received it back of the King’s special favour in pure and perpetual alms[120].
One fragment of the Penitentiary Friars’ property came into the hands of the Franciscans somewhat later. In October, 1319, an Inquisitio ad quod Damnum[121] was held in Oxford to decide whether Richard Cary could, without prejudice to the King or others, bestow on the Friars Minors a place in the suburb of Oxford, adjacent to their property, and measuring five perches in length and five in breadth. The jurors declared that the grant would not be injurious to the King or others, and that Cary possessed sufficient property in the town to discharge all his civic duties. The place ‘at the time when it was built’ was worth 20s. a year, but now, owing to its ruinous condition, only 2s. Cary held it for a rent of 8s. a year of Johanna, wife of Walter of Wycombe, Agatha her sister, and John son of Alice, who was wife of Andrew Culvard, the heirs of Henry Owayn; they held it of the Prior of Steventon, paying 4d. a year in lieu of all services. The plot was therefore the fee of the Abbat of Bec mentioned above, and is probably the same as
‘the place which the Friars of the Penitence bought of Walter Aurifaber, and they pay thence to the Prior of Steventon 2s.[122]’