Coram Rege. Mich., 8 E. II.
Staff. Margaret, formerly wife of Robert de Esnyngton, appeared against
John son of Roger de Swynnerton, and Nicholas his brother, Hugh, Parson
of the Church of Byshebury, John de Levyngton, Robert Personesune of Byshebury of Esyngton, John Charles, Richard de Chelle, Ithel Poker, Thomas
de Stretton of Esnyngton, Robert Knyght of Stretton, Agnes wife of Ralph
de Byshebury, Thomas son of Richard Pecok, Petronilla sister of Thomas, and
Alice daughter of Margery le Dene of Esnyngton and four others named,
for the death of Robert her husband, and the Sheriff returned that none of
them could be found and held nothing within his bailiwick. He was therefore ordered to put them into the exigend, and if they appeared, to arrest them
and produce them Coram Rege at a month from Easter. m. 7.
Staff. Robert de Horseleye, John de Stok, Stephen son of Robert de
Horseleye, John his brother, John le Parker, William son of Robert de Horseleye, and Robert his brother, Roger Child of Knyghteleye, and twelve others
named, were attached at the suit of Robert de Knyghtley for cutting down
his trees at Knyghteleye vi et armis on the Sunday before the Feast of St.
Peter ad Vincula, and for which he claimed £60 as damages. The defendants
denied the trespass and appealed to a jury which is to be summoned for the
Quindene of Hillary. A postscript states that on that day Roger Child of
Knyghteleye appeared by attorney and pleaded that the father of Robert de
Knyghteleye had conceded to him by deed reasonable estovers in his wood at
Knyghteleye, and he appealed to a jury, and the said Robert de Knyghteleye
stated that the said Roger had cut down and carried away his trees over and
above the tenour of the grant, and he likewise appealed to a jury.
The same Robert sued Richard Ramayl, Adam de Whitegreve, Richard de
Northbury, and Richard de Weston for the same trespass, and the defendants
appeared and denied it, and appealed to a jury which is to be summoned for
the same date. m. 36.
Staff. The same Robert sued Roger le Child of Knyghteleye, Stephen de
Horseleye, and three others named, for breaking into his park at Knyghteleye
on the same date, and taking from it bucks and does to the value of £40.
The defendants appeared and denied the trespass, and appealed to a jury
which is to be summoned for the Quindene of Easter. m. 36.
Staff. John de Pikstoke, Robert Selymon, William Reyner, Nicholas de
Pikestoke, Simon de Pikestoke, Walter de Pykestoke, Simon Tromwyne, John
de Hughcesdon, William de Hughcesdon, and eighteen others named, were
attached at the suit of John Hastang, for taking his goods and chattels, viz.:—
money, coats of mail (loricas) bacinets, and other goods to the value of £10
at Stafford on the day of St. Peter and Paul, 6 E. II., and for beating, wounding, and ill-treating his servant, John de Piriton, so that he lost his services
for a long time, and for which he claimed £100 as damages. The defendants
appeared and denied the trespass, and appealed to a jury which is to be
summoned for the Quindene of Hillary. m. 81, dorso.
Coram Rege. Hillary, 8 E. II.
Staff. Richard de Whitemor of Brodok, John and Richard his sons,
William Lougsing, and Robert and Henry his sons, Henry del Shawe of
Hunteleye, and Thomas his son, Philip Galpyn, and twenty-six others named,
were attached at the suit of Robert de Dutton, for coming vi et ormis on the
Saturday before the Feast of St. John the Baptist, 7 E. II., and breaking
down his fences at Rounhale, at a place called Sothewode, and destroying his
growing corn with oxen, cows, and horses, to the value of £20, and for which
he claimed £60 as damages. Some of the defendants denied the trespass, and
Robert son of William Lousing for himself and others stated that the place
called Suthwode was his common-pasture appurtenant to his tenement, and
because the said Robert de Dutton had put up fences and sown his common
pasture, he and the others named had pulled them down, as was lawful, and he
appealed to a jury, which is to be summoned for three weeks from Easter.
m. 60.
Coram Rege. Easter, 8 E. II.
Staff. In the appeal of Margaret formerly wife of Robert de Esnyngton,
against John son of Roger de Swynnerton, and the seventeen others previously named, for the death of Robert her husband, the Sheriff returned that
he had put them into the exigend according to the term of the writ, in full
co. of Stafford, on the Thursday before the Feast of St. Clement the Pope,
8 E. II., and so on from County Court to County Court up to the fourth
County Court, at which Court all the defendants appeared except Thomas de
Dunnesby, and surrendered themselves prisoners. Thomas is therefore to be
outlawed, and the said John son of Roger de Swynnerton and the others now
appeared, brought up by the Sheriff, and Margaret the appellatrix also
appeared and stated that Robert de Esnyngton formerly her husband, was in
pace dei et in pace domini Regis in the vill of Esnyngton in co. Stafford on the
Wednesday after the Feast of the Apostles St. Peter and Paul, 7 E. II., at
the third hour on a piece of land contiguous to a garden called Berard Orchard,
when the said John son of Roger de Swynnerton came up as a felon
feloniously holding in his left hand a bow of Spanish yew, two ells in length,
and of the thickness of four men's thumbs, and with a barbed arrow called a
clotharewe which he held in his right hand, and with the said bow and arrow
he shot Robert her husband through the heart, and of which wound he died
within her arms, (fn. 1) etc., and the said Margaret had raised immediately the hue
and cry and followed the said John from vill to vill up to four vills, and if the
said John should deny the said felony, she was prepared to prove the said
felony and homicide against him as a woman ("ut femina") and as the Court
should think fit, etc.
And the same Margaret appealed Nicholas the brother of the said John of
the death of Robert her husband, and stated that at the day, and place, and
hour above named, the said Nicholas was present holding in his left hand a
bow of Irish yew, and in his right hand a barbed arrow called a Doggearewe,
and with the said bow and arrow he shot Robert her husband under the left
breast, and of which he died immediately within her arms, and if the said
Robert was not killed by the wound inflicted by the said John son of Roger
de Swynnerton, he died of the wound inflicted by the said Nicholas, and the
said Margaret immediately raised the hue and cry, etc. (as before).
The same Margaret appealed John de Levyngton of the death of Robert
her husband and stated that at the hour and place named, the said John came
up as a felon feloniously, holding in his right hand a sword of Cologne, six feet
(sic) in length, and of four inches in width at the hilt, and struck the said Robert
her husband, half-way between the left foot and thigh, and cut off the foot of
the said Robert, and she said that if he did not die of the wounds made by the
said John de Swynnerton and Nicholas, then he died of the wound inflicted
by the said John de Levyngton, and the said Margaret raised the hue and cry,
etc. (as before).
And the same Margaret appealed Roger Personesone of Byshebury, of the
death of Robert her husband, and stated that on the day and place named,
he came feloniously, and with a bow called Turkeys of Spanish yew, one and
a half ell in length, and with a barbed arrow called a Wolfare we made of ash
and three-quarters of an ell in length, shot the said Robert her husband,
wounding him under the right breast, and of which wound he died within her
arms, and so that if he was not killed by the wounds made by the said John
son of Roger, Nicholas, or John de Levyngton, he was killed by the wound
inflicted by the said Roger Personesone, etc.
The same Margaret appealed John Charles of the death of Robert her
husband, and stated that at the time and place named, he came feloniously
with a bow made of elm, and with a barbed arrow called a Scotische arewe,
which was made of a wood called in Romanis Boul, an ell in length, and
feathered with the red feathers of a peacock, and shot the said Robert her
husband in the back, and if he was not killed by the wounds inflicted by the
others above named, then he died of the wound inflicted by the said John
Charles, etc.
The same Margaret appealed Richard de Chelle of the death of her
husband, and stated that at the hour and place named, he came feloniously
with a bow made of Irish yew, and with a barbed arrow called a Scotische arewe,
shot the said Robert her husband in the stomach below the navel, so that
he died immediately within her arms, and if he did not die of the wounds
inflicted, etc. (as before).
The same Margaret appealed Ithel Poker of the death of Robert her
husband, and stated he had shot him with a bow and arrow under the right
breast, etc.
She also appealed Thomas de Stretton of Esnyngton, of the death of
her husband, and stated he had struck him on the head feloniously with a
staff called a Kentisshstaf made of ash, two ells in length, and which he held in
both hands, etc.
The same Margaret appealed Hugh the Parson of the Church of Byshebury,
as an accessory to the death of Robert her husband, and she stated that he had
feloniously held him with both his hands by the right shoulder whilst Thomas
de Dunesby, who had been outlawed for the death of her husband, struck him
with an Irish dagger (de uno cultello de Hiberniâ) in the breast to the heart,
and if the said Robert her husband was not killed by the wounds inflicted by
the said John son of Roger de Swynnerton and the others above named, he
died of the wound made by the said Thomas de Dunesby with the help of the
said Hugh, etc.
The same Margaret appealed Robert Stywardman as an accessory to the
death of her husband, and stated that he had held him by the left shoulder
whilst Thomas de Dunesby struck him with a dagger, etc.
The same Margaret appealed John Fox as an accessory to the death of her
husband, and stated he held his right arm whilst Thomas de Dunesby struck
him with a dagger, etc.
The same Margaret appealed Robert Knyght of Stretton as an accessory
to the death of her husband, and stated he held him by the left arm whilst
the said Thomas de Dunesby struck him with a dagger, etc.
The same Margaret appealed Thomas Bynde as an accessory to the death of
her husband, and stated he held him by the throat with both hands whilst
the said Thomas de Dunesby struck him with a dagger, etc.
The same Margaret appealed Thomas son of Richard Pecok as an
accessory to the death of her husband, and stated he had struck him with a
staff of elm, etc.
The same Margaret appealed Agnes wife of Ralph de Byshebury as an
accessory to the death of her husband, and stated she had sent the said
Thomas de Dunesby to kill him, and had afterwards received the said Thomas
knowingly in her house at Bysshebury, etc.
The same Margaret appealed Petronilla sister of Thomas son of Richard
Pecok as an accessory to the death of her husband, and stated she had sent
the said Thomas de Dunesby to kill him, etc.
The same Margaret appealed, Alice daughter of Margery Le Dene of
Esnyngton as an accessory to the death of her husband, and stated she was
present and had sent the said Thomas de Dunnesby to kill him, etc.
And the said John son of Roger de Swynnerton and Nicholas his brother
John de Levyngton and all the others except Thomas de Dunesby who had
been outlawed, appeared and denied the felony, etc., and the said John son of
Roger de Swynnerton, Nicholas his brother, John de Levyngton, John
Charles, Richard de Chelle, and Hugh, Parson of the Church of Bysshebury,
stated they were Clerks, and could not answer without their Ordinary, and
upon this appeared Brother William Chalk, a monk of the Church of Westminster and claimed them as Clerks in the name of the Prior and Convent,
by a letter signed with his seal and dated 10 April, 1315. (Here follows the
letter claiming them as Clerks in the name of the liberty of the Church, and
appointing the said William Chalk and John de Butterle, the attorneys of the
Prior to receive them.) And as the Court was not satisfied that the said letters
were sufficient, the said monk was ordered to appear again at the Quindene
of Trinity, and as regarded the other defendants, each of them being arraigned
singly, put themselves on the country; a jury is therefore to be summoned
for the same date, and in the meantime all the defendants, Clerks as well as
laics, were committed to the custody of the Marshall. A postscript adds that
the process was continued from term to term at the suit of the said Margaret
until three weeks from Easter in 9 E. II., on which day John, son of Roger de
Swynnerton, Nicholas his brother, Hugh, Parson of the Church of Bysshebury, John de Levyngton, John Charles and Richard de Chelle who had
pleaded they were Clerks, and likewise Roger Personessune of Bysshebury of
Esnyngton, Robert Stywardsman, John Fox, Thomas de Stretton of Esnyngton, Robert Knyght of Stretton, Agnes wife of Ralph de Bisshebury, Thomas
son of Richard Pecok, and Petronilla sister of Thomas were brought before
the King by the Marshall William de Graham, and the said Ithel Poker,
Thomas Bynde and Alice daughter of Margery le Dene of Esnyngton, did not
appear as shewn on the said Roll of Easter, 9 E. II., and the said Margaret,
being solemnly called on the first, second, third, and fourth day did not
appear and she was the appellatrix. Therefore the said John son of Roger
de Swynnerton and all the other defendants, so far as the suit of the said
Margaret was concerned, were quit for ever, and the said Margaret is to be
apprehended, and the said John son of Roger de Swynnerton and the other
defendants both Clerks and laics being arraigned at the suit of the King, the
said John son of Roger de Swynnerton, Nicholas his brother, Hugh Parson of
Bisshebury, Johnde Levynton, John Charles and Richard de Chelle, stated they
were Clerks, and John de Bittele a monk of the Abbey of Westminster and Archdeacon, appeared and claimed them as Clerks, and the said Roger Personessune
and the other laics, being arraigned at the suit of the King, stated as before that
they were not guilty of the death of the said Robert, and put themselves on
the country. And upon this the King by word of mouth (oretenus) commanded that Henry Spigurnel, associated with a Knight of co. Stafford,
should try the case in the vill of Stafford, and the Marshall was ordered to
produce all the defendants both Clerks and laics before the said H. Spigurnel
at Stafford on the morrow of Holy Trinity. And afterwards at Stafford on the
Monday, the morrow of Holy Trinity, the said John son of Roger de Swynnerton, Nicholas his brother, Hugh Parson of the Church of Bisshebury, John
de Levynton, John Charles, and Richard de Chelle, Clerks, Roger Personessune,
Robert Stywardsman, John Fox, Thomas de Stretton of Esnyngton, Robert
Knyght of Strettou, Agnes wife of Ralph de Bysshebury, Thomas son of
Richard Pecok, and Petronilla sister of the said Thomas being brought up by
the Marshall, appeared before Henry Spigurnel, with whom was associated
John Hastang Knight; and the Prior of Ronton, acting for the Bishop of
Coventry and Lichfield, produced the Bishop's Letters Patent and claimed the
said Clerks, and a jury of the vicinage appeared and stated on their oath that
the said John and all the others named were not guilty of the deed, nor
accessory in any way to the death of the said Robert de Esnyngton, and
Richard Hastang, Henry de Cresswall, Roger de Swynnerton, Robert le
Mareschal, John de Houton, and William de Chauldon, were sureties to
produce the prisoners coram Rege to hear judgement. Afterwards at the
said Quindene of Holy Trinity, the said John son of Roger de Swynnerton
and all the others, Clerks as well as laics, appeared, and as it appeared by
the above verdict that the said John son of Roger de Swynnertone and the
other Clerks and the said Roger Personessune and the other laics were not
guilty nor accessory to the death of the said Robert, they are quit of the suit
of the King for the felony in question. m. 105a, 106 and 107.