Folios 81 and 82.
Contain an account of the acquisition of their land in Adulvistre (Austrey) in
Warwickshire. It is headed, Quo modo terra quam habemus in Adulvistriâ de
dono Margaretæ de Nerbone ad ipsam pervenit et quomodo servitium unius
virgatæ terræ quam tenuit Philippus filius Symonis pervenit ad Abbatem. As this
account was copied by Dugdale, and used by him in the "History of Warwicshire," an abstract only of it in English is given here. It states that William son
of Hugh had issue Hugh son of William, who succeeded to the inheritance of his
father, and married Hawise de Traci, and died without issue. After his death
Hawise held all Aldulvistre in dower, i.e., the land which Thomas de Clinton
and Margaret de Nerbone afterwards held. The before-mentioned Hugh had
given three acres of arable land and a meadow in Adulvistre to Richard de
Stapilton the son of Reginald in fee and inheritance, and Richard gave this
land to Symon Cuttepurs and his heirs. Thomas de Stapilton the son of
Robert gave the homage and service of Philip fitz Symon for the same
tenement to the monastery in free alms, and Philip performed homage to the
Abbot. And it is said (dicitur) that the before-mentioned Hawise enfeoffed
the Abbess of Polesworth, Robert de Overtun, and William de Montegomery
in the tenements which they held in Aldulvistre. (fn. 1) This Hugh son of William
gave to Eudo de Hulenhale a virgate of land in Aldulvistre for 3d. annually.
Eudo gave it to William the Clerk of Aldulvistre for a rent of 10s. annually,
and to the capital lord 3d. annually. Henry de Hulenhale, the son of Eudo,
remitted to Symon son of William the Clerk 9s. and 10d. of the rent of the
said virgate, and newly enfeoffed the same Symon in the same virgate of
land for a rent of 2s. (sic) to himself and 3d. to the capital lord. This Henry
gave the said service of 2d. (sic) of Symon son of William to Richard de
Kynton; Richard de Kynton conceded the said virgate of land to the said
Symon for a rent of 2d. to himself and heirs, and to the capital lord 3d.
When the partition was made of the manor of Aldulvistre between
Thomas de Klynton and Matilda the daughter of William son of Hugh, the
homage and service of the said Symon fell to the purparty of Matilda. After
the death of Symon, Margaret the daughter of Matilda had Symon's horse
with its trappings as a heriot, and the wardship of the land, till Philip son of
Symon performed homage. Richard son of Richard de Kynton gave to the
Abbot of Burton the homage and service of the said Philip for the said virgate
The said William son of Hugh had issue Richard de Sanford, Margaret,
and Matildis. Richard succeeded here to his brother by inheritance, and
married Matildis the daughter of Ralph Mausard, and died without issue.
After his death Matildis his widow held Aldulvistre in dower. Margaret
married Osbert de Klintone, who had issue by her Osbert, who had issue
Thomas, who had issue Thomas, John, Osbert, and James. Thomas son of
Osbert gave to Osbert his son all the tenement he held in Aldulvistre together
with the advowson of the Church, for a rent of 1d. annually. Osbert son of
Thomas gave to the Abbot and Church of Burton the advowson, with the
messuage which Richard Bulloc formerly held; and Thomas the father of
Osbert confirmed this charter of Osbert his son; and by another charter the
said Thomas aud Osbert admitted they had received 78 marks for a renunciation of a writ of last presentation and all claim in the said advowson, and
this charter was read in full county of Warwick before W. de Morteyn then
Sheriff, and in the presence of Thomas and Osbert; and the same charter was
read in the presence of Thomas and Osbert at the Hundred Court of Humelfort (sic), and a memorandum made under the seal of the Bailiff of the
Hundred. It was read also in full chapter of Arden (in pleno capitulo de
Ardena), in the presence of Magister Andrew the then official, and a fine was
also levied respecting the same advowson and messuage between the Abbot
and Osbert in the King's Court.
After this Thomas sued out a writ of last presentation against the Abbot,
which was terminated in Banco at Trinity term of the third year of King
Edward, the said Thomas being in misericordiâ (for a false claim).
Osbert son of Thomas de Clinton demised the capital messuage of Aldulvistre and a carucate of land to Osbert de Berefort for a term of years.
During this term Philip son of Symon died, upon whose death the Abbot
took possession of his land. Osbert de Berefort, who was at that date Sheriff
of Warwickshire, ejected the Abbot by force of arms. Thomas son of Philip,
then in ward to the Abbot, arraigned an assize of novel disseisin against the said
Osbert and the other disseissors before John de Metingham and his associate
Justices at Warwick; but whilst the Abbot and said Thomas were quite
unknown to the Justices, and solicited nobody (quemcunque procurassent),
Osbert the Sheriff was the familiar (familiaris) of the Justices, and ruler
of the county (magister patriæ), and he claimed that Philip the father of
Thomas had performed homage to him for his tenement in Aldulvistre.
Whilst on the part of the Abbot it was pleaded that Philip was the homager
of the Abbot, and that Margaret de Nerbone, the feoffor of the Abbot,
after the death of Symon the father of Philip, had had a heriot for the said
tenement and the wardship of Philip, on account of which the custody,
relief, and marriage of Thomas belonged to the Abbot. The Justices decided
in favour of Osbert, but at Leicester a concord was made by which for a sum
of 15 marks Osbert released all his claim to the wardship and marriage of
the heirs and of the lands of Philip son of Symon de Aldulvistre. The Abbot
then sold to Henry de Castello of Bromwiz (fn. 2) the wardship and marriage of
Thomas son of Philip for a sum of 15 marks. Matildis married Stephen de
Nerbone, who had issue by her a daughter Margaret, and after the death of
Stephen re-married William fitz Gerout, by whom she had no issue. For a
third husband she had Walter de Roleya, by whom she had issue another
daughter who was called Margaret.
After the death of Matildis the widow of Richard de Saunfort who held
Aldulvistre in dower, Thomas de Clinton, the father of Osbert, and this
Matildis, divided the manor of Aldulvistre between them. After the death
of Matildis her daughter Margaret de Nerbone and Margaret the daughter of
Walter de Roleya, divided between them the land which their mother had
held. Margaret the daughter of Walter de Roleya married Geoffrey de Cauz,
and died without issue. After her death her share fell to Margaret de
Nerbone, who held the complete half of the manor against (contra) the said
Thomas. This Margaret de Nerbone gave to the Monastery of Burton the
whole of her tenement in Aldulvistre in free alms; and this was confirmed
by Osbert son of Thomas de Clinton, so that there was no pretence for his
attempting to exact any service from the land on account of scutage. Symon
also, the son of William de Albini de Kaynho, the capital lord of the fee of
Aldulvistre, both of Osbert's part as of Margaret's part, confirmed to the
monks the above grant in free and perpetual alms.
Quomodo diversa placita fuerunt terminata et primo de Roberto de
Osbertus (sic) de Henovere tulit breve de novâ disseysinâ de novo vivario
Magnæ Overe coram Justiciariis Dominis Willelmo de Northburi et Wychardo cum (quo quia) non erimus satis muniti contra ipsum pacem fecimus
pro xl. s. Johannes da la Cornere cito postea tulit breve super eodem et coram
eisdem cum quo pacem fecimus aput Betfort pro i. marcâ ad opus ipsius et ad
opus Regis x. s.
Dominus Thomas de Clinton tulit breve ultimâ presentatione de advocatione Ecclesiæ de Adulvistre coram Justicariis de Banco etc. coram quibus
xxvi. die Junii scilicet post octabis Sanctæ Trinitatis anno. R.R. Edwardi
tertio facta disputatione super eâdem, consideratum fuit quod predictus
Thomas nichil caperet per breve predictum etc.
De placito moto contra Osbertum de Clinton (sic) per breve "quare
When Osbert de Berefort ejected us from the custody of the land of Philip
son of Symon of Aldulvistre, we sued out a urit of "quare ejecit" against him,
and this plea was before the Justices of the Bench.
Whilst this plea was pending, the same Osbert sued the Abbot for fealty and
suit at his Court of Aldulvistre, and on the Abbot's refusal to appear, distrained
him several times over; upon which the Abbot sued out a King's writ addressed to
the Sheriff of Warwickshire, and this plea was in the County Court.
Pending this plea the said Osbert and Dominus Thomas de Clinton seized the
Abbots cattle at Aldulvistre. These were released by a King's writ, and this plea
was also before the County.
Pending these pleas in the County Court, the above-named Osbert sued out a
writ to the Sheriff claiming the custody of the son and heir of Philip son of
Symon, and this plea was also before the County.
Things were in this condition, when Roger de Attelberge, who was "Hundredarius" of Humelifort (i.e., Bailiff of the Hundred of Hemlingford), distrained
the Abbot to sue before the Hundred Court; upon which the Abbot sued out a
writ, and the plea remained in the County.
On account of the aforesaid grievances (gravaminà), the Abbot went in
person to London, and by the advice of Lord Ralph de Hengham (the Justice),
he sued out a writ of novel disseisin in the name of Thomas, son and heir of
Philip fitz Symon, against Osbert de Berefort and others named, before the
Justices Geoffrey de Leukenore and John de Metingham, who coming to Warwick,
by an assize which was falsely conducted (per assisam quæ falso transiit), considered that no disseisin had taken place, because Philip his father had done
homage to Osbert.
And when the Abbot in the name of the said Thomas sued out a writ to
attaint the aforesaid assize, and a writ of "Pone" to move all the four writs in
the County Court, to London, in the absence of the said Osbert, who was mainprized
by Magister H. Lovel and Dominus William Hamelin the Sheriff of Warwickshire, and in the presence of Brothers Mathew de Kniveton and N. de Kynelwurth,
who appeared for the Abbot, peace was made on condition that all actions
should cease on the payment by the Abbot of 10 marks. But when these conditions were referred to the said Osbert they were not carried out by him, until
the Abbot Thomas appearing against him at Leicester, by the mediation of
the before-named Sheriff, a sum of 15 marks was paid to him, of which the said
Osbert afterwards returned 2 marks.
Hawyse, the wife (sic) of Hugh le Lovert of Derby, sued out a writ to the
Sheriff of Staffordshire "quod justificaret" the Abbot to pay to the said Hugh and
Hawyse 57s. owing to them, but they (sic) did not follow up their suit.
Magister Richard de Lavinton, the Rector of the Church of Thorp, by papal
authority, impleaded the Abbot and Convent before judges delegated at Oxford
respecting the small tythes (super minutis decimis) of our land in Huncindon.
Afterwards at Esseburne, by the mediation of Magister John de Weston, an end
was put to the dispute in this way. For the sake of peace we gave the said
Magister Richard 5 marks, and entered into an obligation to pay him 2 marks
annually on the Feast of the Nativity of St. John so long as he held the Church
In the year 1275, in the 16th year of the Abbot J., Hugh Wasteneis, the son of
Isolda de Ambrithon, arraigned an assize of mort d'ancestor against the Abbot
before the Justices, Henry de Montfort and Salomon de Roucestre, respecting
2 bovates and 4 acres of land in Bromle, and when the Abbot was summoned
to appear before those justices at Kynefare to hear the recognition of the said
assize, he essoined himself, and another day was given to him at Wolverhampton,
which was changed by the Justices assigned (to hear the plea) to Arnle (Arley),
from whence the Abbot proceeded to Bolus, and then the action proceeded before
Henry de Montfort in the absence of the said Salomon. The said Henry
adjourned the suit to Stafford for the Saturday after Michaelmas Day, A.D. 1276,
where Brother N. in the place of the Abbot made peace with the said Hugh for
2 marks, and Hugh gave up to the said Brother N. the charter which his mother
held for that tenement, signed with the seal of the Convent in the time of the
Abbot William. He also executed a release of the same tenement and sealed it
and delivered it to the said Brother Nicholas. On the morrow, however, when the
suit was called on, and proclamation was made for him, the said Hugh never
answered by himself or by attorney, and the attorney of the Abbot prayed for
judgment. It was considered therefore that the said Hugh and his sureties should
be "in misericordiâ."
A dispute having arisen and continued for some time between the Abbot John
and Henry de Tok, the brother and heir of Sir Peter de Thok, respecting his
relief and suit of court; at length, A.D. 1275, on the Day of St. Laurence, at
Burton, the said Henry, in the presence of Roger de Thok his brother and of
Ralph de Burgo, conceded that so far as the relief was concerned, the said
Henry and his heirs should give to the Abbot for their relief of Ansedele and
Pothlac xl. s., but should nevertheless pay fully the ferm due for the said vills at
the appointed terms; and as regarded the suit of court, the said Henry and his
heirs should be bound to make two appearances annually, and likewise whenever
the King's writ was in the Court, or for the judgment of prisoners and for the
reinforcement (afforciamentum) of the Court. And whereas the Abbot claimed
from him common suit of court, viz., from three weeks to three weeks, and
claimed also that the whole land of Ansedele was within the warren of the said
Abbot, and that it was not lawful for him to hunt or take hares within it, by
the advice of friends it was agreed that the said Henry should swear "tactis
sacrosanctis" that none of his predecessors had ever done common suit to the
court of the Abbot excepting his brother Peter, who had been unjustly compelled
to it, and that he, Henry, and all his predecessors could lawfully chase and take
all kind of animals ("omnias bestias") within the metes of Ansedele, three times
only excepted. Accordingly on the Sunday after the Feast of the Nativity of the
Blessed Virgin Mary, A.D. 1277, in the presence of the Lord Abbot Thomas,
Andrew the Almoner ("Elemosinarius"), Adam the Hospitaller, John the SubPrior and Precentor, N. the Chaplain of the Abbot, Thomas the Sacristan, W.
Coquinarius, W. Celerarius, and many others, the said Henry made oath in the
form above written. Four Chaplains made oath in the same manner before
Sir William de Meinil, Ralph de Burgo, Roger de Thok, Robert de Munjoye,
Engelardus de Cursun, Robert de Staunton, Milo de Melton, William junior of
Rolveston, William le Sergant of Eginton, Elyas Fucher of Osmundeston,
Robert de Schobenhale, John le Marescal, Robert son of Adam de Waleton,
Walter the man ("homo") of the said Henry, John the man ("homo") of the
said Henry, and Robert Cocus.
In concilio Lugduni concessa fuit in subsidium terræ Sanctæ decima
omnium reddituum et proventuum Ecclesiarum Domino Gregorio Papæ decimo
de universali Ecclesiâ solvenda, etc. (This is the account of a subsidy from all
Ecclesiastical revenues granted by the Council of Lyons A.D. 1274, Gregory the
10th being Pope. It differs so little from Pope Nicholas' Taxation of A.D. 1291,
which has been printed, that it has not been thought necessary to transcribe it.)
Tertio Kalend Marcii in pleno Hundredo de Wyrkesworthe tento apud
Esseburne in presentiâ Domini Thomæ de Bray tunc Seneschalli Domini
Edmundi, venit Rogerus de Thorp et optulit se ad faciendum Domino Edmundo
fidelitatem pro tenemento suo de Thorp et Huncendon et fecit, et de homagio
habuit respectum usque ad adventum in partibus istis.
De placito moto inter Abbatem et villanis de Magna Overa.
This is a long account of the suit between the Abbot and his customary
tenants of Mickle-Over, who claimed to be free tenants. It stales that when the
Abbot's villains of Magna Ouvra, at the instigation of one Nicholas, son of Henry
the Provost of Magna Ouvra, whom the Abbot had greatly honoured, and to whom
he had committed for many years the custody of the manor of Bromley, refused
to acknowledge themselves as villains, nor would permit a distress to be levied
against them, the Abbot sued out a writ from the "Curia Regia" in this form.
Here follows a writ of King Edward dated from Clarendon, 18th February,
8th year of his reign, commanding the Sheriff of Derbyshire to assist the Abbot of
Burton in distraining his villains of Magna Ouvra. This writ was delivered,
to the Sheriff of Derbyshire on the last day of February in full County, and his
bailiff was ordered to assist the Abbot on the requisition of the latter.
A writ of King Edward, dated Clarendon, 10th February, in the 8th year of
his reign, issued on the complaint of ten of the Abbot's tenants of Mickle-Over,
commands the Abbot not to exact from his tenants other customs and services
than were formerly due when Mickle-Over was of the ancient demesne of the
The narrative goes on to say that by virtue of the first of these two writs, the
Sheriff's bailiff seized 21 oxen and 18 pigs at Mickle-Over, at the hour of
Vespers, 4th March, and took them on the morrow to Burton.
In the meantime the tenants having produced their writ to the Sheriff, and
entered into securities to prosecute their suit at Westminster against the Abbot,
the Sheriff ordered his bailiff to remove the distress.
On the fourth kalends of March, when G. de Clifton, the Sheriff of Notts,
Ralph de Burgh, William Bigge, Milo de Melton, and others, were at Finderne on
the business of the Abbot, all the villains of Mickle-Over came, bringing with
them Sir William de Meinil, Magister Adam de Armundesham, and others, and
it was agreed that the villains should cultivate and sow their lands pacifically up
Malicia Villanorum. (In red letters.)
Pending this truce and delay which had been granted by the Abbot pro bono
pacis, the villains sued out two more writs against the Abbot, which are given at
full length. In the first the Sheriff is commanded to cause the Abbot to put in
pledges to answer the complaint of the tenants that he exacted from them customs
and services unjustly. The second writ was a writ of trespass, by which the
Abbot was forced to find sureties to answer the complaint of the tenants, that he
had come in the night vi et armis and taken their goods and chattels from MickleOver to the value of £20, and committed other enormities to their great damage
and against the King's peace. Dated from Dunamen, 15th March, in the 8th
year of the King's reign.
The tenants appeared against the Abbot to prosecute their suit at a month
from Easter, and by their attorney claimed to be of the ancient demesne of the
Crown, which was denied by the Abbot, and on being asked by the Justices how
they proposed to verify that they were of ancient demesne, answered they would do
it by Domesday ("quomodo vellent verificare se esse de antiquo dominico et
respondissent per Domusday"). A day was accordingly given to them to exhibit
Domesday, which was examined by the Justices, by which it appeared that Overa
was not included amongst the lands of ancient demesne in Domesday, but
amongst those of the Abbot, but it stated that King Edward had held ten
carucates of land in Overa, "ad geldam," upon which a discussion took place
far many days before the Justices of the Bench and Barons of the Exchequer,
until at length on the 3rd June, judgment was given that the men of Overa were
villains of the Abbot, and should remain so ("quod homines de Overa sicut villani
venerant, ita recederent et remanerent").
Judicium datum contra villanos per Dominum Thomam de Weyland
Willelmum de Brunton et socios suos iii. die Junii.
This is the official record of the suit; it quotes the entry from Domesday at
full length, and adds, "Et quia per predictum Domusday compertum est quod
predictum manerium fuit geldabilis, nec invenitur inter terras dominicas Domini
Regis consideratum est quod predictus Abbas iret sine die, et predicti Robertus et
alii in misericordiâ, pro falso clamio."
This judgment was delivered on the 3rd June, and on the 6th June following
the Abbot sent six monks, knights and servants, and took 27 boars, 40 oxen, 50
cows and heifers, 506 sheep, and 77 pigs, and lodged some of them in Staffordshire and some in Derbyshire.
On the 22nd of June six of the Abbot's villains came to Burton bringing with
them a King's writ addressed to the Abbot, which stated that it had been shown
to the King by John son of Herbert and his men of Magna Overa, "quod tu
occasione cujusdam placiti nuper moti in curiâ nostrâ per breve nostrum coram
Justiciariis nostris de Banco de consuetudinibus et servitiis tibi a prefatis
hominibus faciendis, quæ iidem homines et antecessores sui de manerio predicto
tibi et predecessoribus tuis quondam Abbatibus de Burthon super Trentam
temporibus retroactis facere consueverunt averia ipsorum hominum apud Magna
Uvera in Comitatu Derbieæ cepisti et averia ilia a comitatu illo usque in
Comitatum Staffordiæ fugasti et ea adhuc ibidem detines contra legem et consuetudinem regni nostri et contra pacem nostrum. Et ideo tibi precipimus quod averia
predicta predictis hominibus sine dilatione deliberare facias. Et nisi ad mandatum nostrum hoc feceris a Vicecomite nostro predicto Staffordiæ id fieri
precipimus. Et nichilominus te attachiari faciemus et ad respondendum nobis
de contemptu et predictis hominibus de dampnis quæ sustinuerunt occasione
transgressionis predictæ. Teste me ipso apud West. viii. die Junii anno regni
On reading this writ, the Abbot determined not to give up the cattle for several
reasons, of which the principal one was that it had been sued out on a false
suggestion, making no mention of the judgment in his favour. Another reason
was that when Ralph de Burgh, the Abbot's Seneschall, had held a court at
Finderne, and having removed from his office the Provost of Mickle Over, had
wished to substitute another in his place, all and singular had refused to accept
the post because all their lands and cattle were in the Abbot's hands, notwithstanding that they were the villains of the Abbot, and had nothing but their
bodies which did not belong to the Abbot.
As the Abbot would not give up their cattle, the tenants produced another
writ addressed to the Sheriff of Staffordshire, dated the same day as the last (viz.,
8th June, in the 8th year of the King's reign), commanding him to release the
cattle without delay, and in case of resistance to attach those who resisted to
answer for their contempt at three weeks from Michaelmas "in parliamento
On the authority of this writ the Sheriff of Staffordshire sent to Bromley to
release the cattle, but his bailiff was informed that all the cattle there belonged to
the Abbot. Upon this Colin and nine other tenants of Mickle-Over appeared
before the King's Court, complaining that in contempt of the King, and to their
great damage, the Abbot had refused to liberate their cattle; and on the 9th July
they appeared at Celeburne before the Chancellor and many other laymen and
clerks who were there with the King, and averred the same and many worse things
of the Abbot; in all which they were assisted by a certain Clerk Wyther. The
Abbot therefore sent Brother Nicholas de Kinelworth, who after treating of the
matter with Sir Ralph de Hengham, the Justiciary, appeared before the Chancellor and arranged that the Abbot should abide by the verdict given in Banco
until it was superseded by another. Upon this the Abbot ejected the aforesaid
nine men and the brother of Colin from their lands and houses, but permitted the
wives and children to remain; but afterwards, in order that they might sue out
a writ of novel disseisin, the wives were likewise ejected, viz., on the 13th July.
After this the men of Magna Uvera, having followed the King for several days,
brought back with them a writ addressed to the Sheriff of Nottinghamshire,
commanding him to cause the cattle of the following tenants to be replevied, viz.:—
John, son of Hubert,
William, son of Henry,
Henry, son of Brito,
Molle la Wyse,
Alice, daughter of Robert,
Thomas le Fevere,
Alienora, the widow of Nicholas of
Nicholas le Jeuene,
William, son of Robert,
John le Norreys,
John, son of Henry,
Nicholas, son of John,
Henry le Forester,
Thomas le Halfweni,
Robert, son of Robert,
Richard de Barue,
Agnes del Willehul,
John, son of John atte Chirchestile.
Robert, son of Geoffrey,
William de Derleye,
Alice, the widow of Nicholas of Uvera,
Henry le Abbe,
Alienora, widow of Ralph of Uvera,
Henry, son of Alice,
Henry, son of Henry,
William, son of William,
Matilda la Vidue.
Richard, son of Robert,
William, son of Robert,
Nicholas, son of William,
William, son of Nicholas,
and John de Barue,
and which cattle the Abbot of Burton, Brother Thomas de Pakinton, Brother
Adam de Redemore, Brother Thomas de Makeleye, Roger Brani, Robert de
Bromle, William de Thurleston, and Adam le Brune, had taken and unjustly
detained, etc. Dated from Langeleye, 21st July, 8th year of our reign.
On the authority of this writ, G. de Clifton, the Sheriff of Nottinghamshire,
directed his Bailiff of Wirkesworth to release the cattle, on the tenants giving
security to prosecute their suit against the Abbot.
Malicia Symonis de Clifton. (In red letters.)
On the 25th July, Symon de Clifton, the Bailiff of Wirkesworth, gave up to
the tenants seven oxen and twenty-nine cows which were at Huncedon, notwithstanding the protest of our serviens there that they belonged to the Abbot.
The Sheriff of Nottinghamshire also wrote in similar terms to the Bailiff of
Repindon, but when the Bailiff came to Caldewall to replevy the cattle of the
tenants of Magna Ouvra, on being informed that the cattle there belonged to the
Abbot, he went away without delivering them up.
The tenants also brought a writ to the Sheriff of Staffordshire ordering him
to replevy their cattle, and the above-named Sheriff sent the same mandate to the
Bailiff of Pirchull, who coming to Bromley was informed that all the cattle
there belonged to the Abbot: no cattle were therefore given up at that place.
Upon this the villains of Magna Uvera went with their wives and children ("cum
uxoribus et parvulis") to the King, who was then at Nottingham, and laying
before him a grievous complaint of robbery and expulsion from their houses,
"querelam gravissimam de roberiâ et expulsione domorum detulerunt"), brought
back with them new writs to the Sheriffs to replevy their cattle.
But on the 7th August a Court was held at Finderne, where many of the
tenants of Magna Uvera acknowledged themselves to be the Abbot's villains, and
prayed for the release of their cattle. They were told to present themselves at the
next County Court, when an answer would be given them.
On the 8th August, in the presence of G. de Clifton, the Sheriff of Derbyshire,
Sir William de Hondesacre, Sir Robert de Warda, Sir Robert de Staunton, Sir
John Grim, Sir Alured de Sulevey, Sir Ralph de Mungoy, Sir Henry de
Braylesfort, arid Sir Henry de Chaundoys, Knights, and many other freeholders,
Nicholas, son of William (the Provost), and five other tenants, came and acknowleged themselves to be natives at the will of their lord ("nativos ad voluntatem
domini"), and pledged themselves not to sue out any writ against their lord; and
this was enrolled on the County Roll ("in rotulo Comitatûs"). Henry Abbot of
Uvera, and eleven other tenants, having appeared as plaintiffs against the Abbot,
complaining that he and his men had come in the night to their houses at Uvera,
and had unjustly taken away their goods and chattels, tlve Abbot defended the
suit, stating he had taken none of their goods, became he had taken his own goods
only, because being villains they held nothing "extra ventrem." And the said
Henry and the other tenants by John de Lokinton their speaker ("narratorem
suum"), said they were free men, and put themselves on the Country (i.e., appealed to
a jury). The Bailiff of Morleston was therefore ordered to make inquisition into
the fact, and return it to the next County Court.
William de Derleye and six others who had sued the Abbot came and
acknowledged themselves to be villains at this Court.
William son of Henry and thirteen other tenants who had sued the Abbot at
the same Court, withdrew their plea; they and their sureties for the prosecution
were therefore "in misericordiâ."
On the 9th August the Abbot held a Court at Finderne. William de Derley,
born at Henovere, came and acknowledged himself to be the Abbot's native,
holding at the will of the Abbot in villenage two bovates, and giving "Stuch"
every year and "Marchetum," and on account of ancient customs two hens at
Xmas and 20 eggs at Easter; and because he came freely ("gratis") he retained
his lands as he formerly held them; and he gave for his transgression half a
mark, and he swore fealty, and that he would come and go at the will of the
William son of William atte Chirchestile came and acknowledged himself to
be the Abbot's native as above, and for his transgression, and for two bovates of
land which his father had held, and which Nicholas Orgar held, he made a fine
of 3 marks, and he would do all as the aforesaid William (de Derley).
Thirty other tenants named submit and are re-admitted into their holdings
in the same way at this Court.
The land of Alienora, the widow of Nicholas de Brunlaston, was committed to
Richard fitz Robert, Nicholas Orgar, and Thomas le Halfweni to support the
said Alienora, and for which they were to pay 10s. annually. At the same
Court, Agnes the daughter of Henry Babon came and acknowledged herself to be
a native of the Abbot, and made fine of 3 marks for 2 bovates of land, and gave
half a mark for license to marry Henry de Henore, and made oath as the
On the Vigil of the Assumption three more of the tenants submitted, amongst
them Henry son of Nicholas, the ringleader of the malcontents.
On the 13th September Richard Champiun and William son of Dobbe were
conducted to Burton and put into the stocks (in compede) from the morning till
vespers, which they prayed for pardon with great humility, acknowledging themselves to be the Abbot's villains. They were released for that night, and in the
morning on the morrow they voluntarily submitted themselves again to the stocks,
and were released. William gave to the Abbot half of all the corn growing on
his land for his transgression, and for a fine to have two bovates of land.
Richard also gave half his growing corn to the Abbot. Two other tenants
submitted on this day, and Henry the Forester, a native of tlie Lord Edmund
(the King's brother), made fine of 20s. for his chattels and for permission to give
up the land he held of the Abbot.