Plea Rolls for Staffordshire
1228

Sponsor

Institute of Historical Research

Publication

Author

Major-General Hon. George Wrottesley (editor)

Year published

1883

Pages

68-75

Citation Show another format:

'Plea Rolls for Staffordshire: 1228', Staffordshire Historical Collections, vol. 4 (1883), pp. 68-75. URL: http://british-history.ac.uk/report.aspx?compid=52384 Date accessed: 29 July 2014.


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Pleas Of The Crown. (fn. 1)

"Placita de Coronâ apud Lichesfend de Itinere Justiciorum, anno XII.o."

Hundred of Tatemanslawe.

Henry de Tene, taken on suspicion of robbery, acknowledged himself to be a robber before many witnesses, and appealed Stephen de Maddelegh and Robert his brother, as his associates, and afterwards withdrew his appeal. Evidence was given (testatum est) that he is a robber, and it is therefore considered that he should be hanged. (Et ideo consideratum est quod suspendatur).

Stephen de Maddelegh, taken on the appeal of the said Henry, denied the consort and robbery, and put himself on the country. The jury (fn. 2) say he is not guilty, and he is released. His sureties are William de Stafford and Richard de Draicote.

Hundred of Offelawe.

William Ingolf, taken for robbery, denied it, and put himself on the country. The jury say they do not believe him to be guilty. He is therefore released, (fn. 3) and to be in frank pledge as before. (Juratores dicunt quod non intelligunt ipsum esse culpabilem, et ideo quietus, et sit sub francplegio suo sicut prius.)

Hundred of Seisduna.

Richard le Mascun and Richard, the Clerk of Terbebigge, were crushed under the wall of the Church of Terbebigge, so that they died. John Datus was the first finder, and is not suspected. No Engleschery was presented. Ideo murdrum. (fn. 4)

In this county presentment of Engleschery is made by one on the part of the father, and another on the part of the mother, or by two on the part of the father.

Alice, the daughter of Hugh de Wibaldestun, was found drowned in a well of the garden of her father. Hugh, the father, was the first finder and is not suspected, nor is anyone else. Judgment: Misadventure (Infortunium).

Some unknown malefactors came to the house of William de Wibaldestun, and killed his wife, and fled. It is not known who they were, ideo nichil.

Nicholas, son of William de Aka (Oaken), through madness, fell on the wheel of a mill, so that he died. Henry, the miller, was the first finder, and is not suspected, nor is anyone else. Henry did not appear, therefore his sureties are in misericordiâ, viz., Richard of the Grene, and Thomas de Perry (Perario). They were fined half a mark. The value of the wheel is xiid., which they paid (as deodand).

The Church of Kenefare is of the gift of the Lord the King. Gilbert de Lacy holds it by gift of King Richard.

Nicholas de Sumery is in ward to the Earl of Chester, by gift of the King. His land in this Hundred is worth 15l.

The Church and Deanery of Wulvrenehamtun is of the King's gift. Giles de Ardingtun holds it by the gift of the present King.

The Church of Tatenhale is of the King's gift. Walter de Brakele holds it by gift of the Lord the King.

Ralph de Pertun holds by sergeanty of the Lord the King in Pertun, and it is worth 40s., and he ought to serve in the King's army with two horses and with a hauberk, and he receives 8d. per diem from the King's purse. Henry de Oxelea is in misericordiâ for default (i.e., of appearance).

Arleg was Adam de Port's, and is an escheat of the Lord the King. H. de Burgh holds it by the King's gift, and it is worth 12l.

Thomas le Bracur (Brewer), of Wulvrenhamtun, was accused of larceny, and put himself on a jury, and the neighbouring vills, viz., the Deanery of Hampton, Seggesle, Tattenhall, and Wodnesfeld. The jury say he is a robber, and has committed various larcenies: ideo suspendatur. His chattles are worth 6s. 6d., for which the town of Wulvrenhamtun answers.

The manor of Swineford appeared by six (jurors).

John, son of Nicholas de Prestwude, was found dead in the fields of Prestwude, and Nicholas his father was the first finder, and is not suspected, nor is anyone else. Judgment: Misadventure. No Engleschery was presented, ideo murdrum.

The manor of Wulvrenhamtun, on the part of the Lord the King, appeared by six, and the Dean's part did not appear with them as is the custom. It is therefore in misericordiâ, and it (i.e., the manor) answers by twelve in common.

Roger, son of Henry, on the occasion of the strife between the men of Wulvrenehamptun and the men of Seggesleg, was struck by an arrow, so that he died; and Nicholas de Mushull is suspected of having caused his death; and he was of the household (manupastu) of Roger de Mushull his father. Roger is therefore in misericordiâ for not producing him. The same (i.e., Nicholas) was afterwards accused of the crime (rettatus) at the house of his father in the manor of Seggeslegh. The vill is therefore in misericordiâ. The said Nicholas to be outlawed, and his father to be arrested. And Henry the Clerk withdrew himself because he had been present, and is not suspected of being privy to the death. Therefore he may return if he wishes.

The men of the Lord the King of Bilestun complain that Juliana, the widow of Roger de Benetlega, and her son, had erected buildings in the wood of the Lord the King at Benetlega, and destroyed the wood, where the aforesaid men were accustomed to have husbote and heybote and other necessaries by the view of the Forester, and the said Juliana and her son did not permit them now to enter the said wood.

The manor of Erlegh (Arley) appeared by six. Some unknown malefactors came by night to the house of Osbert de Hehstal, and broke into the house and killed him and all his family. And Thomas, son of Alexander, a groom (garcio) was in the house at the time, and escaped, and is not suspected. Henry Yek and Robert de Bildewas are suspected, and they have fled. Judgment: To be outlawed. They were received in the vill of Erleg, which is therefore in misericordiâ. No Engleschery was presented, ideo murdrum.

The manor of Kenefare appeared by twelve. William of the Hulle was struck by his own knife whilst wrestling with William the Turnur so that he died, and William le Turnur was apprehended for his death, and put into gaol at Stafford, and afterwards admitted to bail by the Justices; and William did not appear, and therefore all his sureties are in misericordiâ, viz., John fitz Philip, Ralph de Hethcote, Andrew of the same, Thomas de Bukenhull, Adam de Sturtun, John de Sturtun, Robert de Whitintun, William, son of Hugh Nicholas de Kenefare, Richard Beneit, of New Town (novo burgo), William de Kenefare, and Robert, son of William de Cumptun. The said William is not suspected, because William de la Hulle before his death acknowledged that he fell upon his own sword. Afterwards Ralph de Hethcote appeared, and was fined for himself and all the others, one mark, by the surety of Andrew de Hethcote.

The manor of Tatenhale (Tettenhall) came by twelve.

The manor of Tatenhale, is the demesne of the Lord the King. William de Gamages holds it by gift of King John, and it is worth 60s.

Hundred of Offelawe. m. 11.

Robert, son of Thomas de Mortun, was found dead in the fields of Mortun. Thomas his father was the first finder, and is not suspected, nor is anyone else. Judgment: Misadventure.

Some unknown malefactors came to the house of Juliana de Brokhull at night, and robbed the house (burgaverunt), and the vill made no pursuit of the malefactors. It is therefore in misericordiâ.

Hugh le Vachir was burnt in the vacheria (cowhouse) of Ralph Basset of Draitun. Ralph, son of William, was the first finder, and is not suspected, nor is anyone else. Judgment: Misadventure.

Agnes, daughter of Hamon, was crushed by a load of firewood in a certain house, so that she died. Matilda de Rideware was with her; no one is suspected. Judgment: Misadventure. m. 11, dorso.

Thomas the Miller, of Burton, and Richard his son, were drowned whilst conveying turf in a boat on the water of Trente. Henry, son of Ralph, was the first finder. Nobody is suspected. Judgment: Misadventure.

Geoffrey del Wal, who appealed Robert del Wal, his lord, and Nicholas de Stowe, of robbery and a breach of the King's peace, did not appear. He is therefore to be apprehended, and his sureties are in misericordiâ, viz., Robert de Chasterfeld and Roger de Walle, of Mora; and it is shown that the said Robert and Nicholas are not guilty; and Geoffrey was amerced 20s. His sureties are Henry de Erdingtun, Simon de Walle, Robert de Cestrefend, and Roger de Mora.

Some unknown malefactors came to the house of St. John of Thameworth, and killed three of the brethren there. It is not known who they were. Robert, son of Robert, was in the house at the time, and is not suspected. No Engleschery; therefore murdrum on the vill of Tamewurth.

The Church of Waleshale is of the gift of the Lord the King. Magister Serlo holds it by gift of King John.

Nicholas Duredent had obstructed the road between Lichefeld and Tameworth, to the injury of all the country; and the Sheriff is commanded therefore, &c. (sic, left unfinished).

Thomas Corbet holds the manor of Bromlega of the Lord the King. It is worth 8l. per annum, and he renders 4l. to the Treasury. He has not yet rendered fealty to the King.

Alan fitz Herbert the Priest was accused of larceny, and stated he was a Clericus; and Brother Peter, the Chaplain of the Lord of Coventry (i.e., the Bishop), attorned in his place ad hoc, claimed a Court Christian. Let him have it, and do with him what is just. It was afterwards testified that he was not guilty.

John, son of Walter de Handesacre, accused of larceny, put himself on the country. The jury say he is not guilty. Idco quietus.

William, his brother, accused of the same, put himself on the country. The jury say he is not guilty.

Robert de Bosco, accused of the death of John Buche, before M. de Patushill and his associate Justiciaries last Itinerant, withdrew himself; and Henry de Anestun (de Deneston), then Sheriff and Coroner, was commanded to put him in the exigenda and to outlaw him, because it was testified that he was guilty; and Henry de Verdun, Sheriff and Coroner, states he was not outlawed, but that they took sureties for him. They, i.e., the Sheriffs, are therefore in misericordiâ, and Robert is taken into custody. The sureties of Henry the Sheriff are Geoffrey de Greselega, John fitz Philip, and Milo de Verdun. The sureties of Henry de Verdun are Geoffrey de Greslega, Milo de Verdun, Robert de Mere, and Robert de Acoure. And the jury made no presentment respecting this case. They are therefore in misericordiâ. And Robert put himself on the country and on a jury of the Hundred of Offelawe. And the jury and the four neighbouring vills of Handesacre, Pipe, Langesdun, and Bromley, say he is not guilty; and the vills which first said he was guilty, and the jury also, are in misericordiâ, viz., Pipe and Hondesacre; and all his sureties are in misericordiâ, viz., Henry Tisun, Reiner, Provost of Longedun, Simon de Wulsislega, Geoffrey de Rugelegh, William de Compedene, of Longedon, and Reginald de Canoc. m. 12.

Hundred of Cuthulvestan.

Philip, son of Walter the fisherman, fell into the water of Mere (fn. 5) from a boat, and was drowned. Robert his son was the first finder, and is not suspected. Judgment: Misadventure. No presentment of Englishery was made. The value of the boat was 12d., for which the manor of Mere answers. m. 12, dorso.

Alice, daughter of Ralph de Copehale, appealed Adam, son of Stephen the Priest, for feloniously burning her house, and offered to prove it against him as this Court might think fit. (fn. 6) And Adam appeared, and denied the felony, and stated she had appealed him through hatred and malice, and not from the truth, and put himself upon the country. The jury say he is not guilty, but that Matilda, the mother of Stephen, lived next door to the house of Alice, and her house was set on fire by accident, and the neighbouring house caught fire; and they say that Alice had accused him through hatred, and not per verum appellum. Alice to be taken into custody.

John, son of William de Kerswall, was found killed in the wood of Rugeleh. William, his father, was the first finder, and is not suspected. It is not known who killed him. There was no presentment of Englischery; therefore murdrum against the manor of Rugeleh.

Some unknown malefactors came to the house of Adam le Beisin, and robbed it, and on their departure they killed William the Carter, of Eytun; and the vill of Etun presented no finder; it is therefore in misericordiâ. No Englishery was presented; therefore murdrum.

Adam Bydulf indicted for robbery, had fled. Judgment: To be outlawed, and he was not in frank pledge, because he was travelling.

Agnes de Westun was smothered in a marl pit. Roger, son of William, first found her, and is not suspected. Judgment: Misadventure.

The town of Newcastle is in the Hundred of Pirhull, and appeared by twelve jurors. William, son of Richard de Stafford, Alan de Novo Burgo, and Walter de Derby, killed Richard, the nephew of William de Bodeham, and his groom (garcionem); and they were taken at Stafford and hanged by the judgment of the County Court (Curiâ Comitatûs). And the bailiffs of the King had first sought them out as accused of homicide, to put them into the King's prison, but were prevented by the bailiffs of the Earl (of Chester), viz., Richard de Sandebech and William de Erdingtun. They are therefore in misericordiâ, (fn. 7) and the vill is in misericordiâ. The sureties for Richard are Robert de Mere and Henry de Anestun. The sureties of William are Robert de Sughenhull and Robert de Swinnerton.

Robert, son of Roger de Maddelegh, and William, son of Nobus, killed Geoffrey de Witefeld, and fled to a monastery and acknowledged the deed, and abjured the kingdom; and William was in no tything, nor in frankpledge; therefore the vill of Maddelegh is in misericordiâ. And Robert was not in frankpledge because he was a freeman, (fn. 8) and he held six acres of land freely; and they had been previously taken into the King's hands; and the vill of Maddelegh concealed the matter; and Hervey de Stafford, who held the land, and afterwards acknowledged the fact, is in misericordiâ. The chattels of the fugitives are worth 9s., for which the vill of Maddelegh is responsible. No presentment of Englishery was made, because he lived for some time after. m. 13.

John de Cnottun and Ralph his brother, killed Henry, son of Richard de Haya, and fled; and they were in the frankpledge of Matthew, son of Thomas de Dimmiesdale. He is therefore in misericordiâ; and they were outlawed at the suit of Richard de Haya, the father. No presentment of Englishery was made, because Henry lived for some time after. Their chattels are worth 24s. 4d., for which the vill of Cnuttun is answerable.

The manor of Penchull, in the Hundred of Pirehull, appeared by twelve jurors.

The manor of Eccleshale appeared by six.

The manor of Heywude appeared by six.

Hundred of Pyrhull.

Alice, daughter of Peter de Coltun, was kicked by a colt so that she died; nobody is suspected. Judgment: Misadventure. No presentment of Englishery was made, because she lived for some time. The value of the colt is 3s. 6d.; for which William Griffin is answerable.

Walter de Calwehull, who appealed Thomas Meverel for the death of Hugh, his brother, and of Matilda his wife, did not appear; and his sureties are in misericordiâ; and Thomas came and denied the felony, and put himself on the country. The jury say he is not guilty, and that the said Walter had accused him through hatred and malice, because Thomas had married the daughter of Hugh who had been killed, and had had an heir by her, viz., a son; and if the heir died the inheritance would revert to the said Walter; and he had made the accusation out of cupidity of this inheritance, and not per verum appellum.

Adam, son of Lusi of Betteleg, was killed by a stag in the park of Heileg, No one is suspected. The same Adam killed the stag; the value of the skin is 6d.

John, the forester of the Abbot of Burton at Bromleg, had raised new customs in the manor of Bromleg, viz., from cattle which by chance entered the pasture of the Abbot, he took 4d. for each horse and 1d. for any other animal.

Simon de Cherletun, who had accused Elias, son of Walter, and John his brother, of robbery and a breach of the King's peace, appeared and withdrew his appeal; and a concord had been made without the permission of the Justices; therefore both are in misericordiâ; and his sureties for the prosecution are in misericordiâ, viz., Hugh de Hattun and Adam, son of Gilbert; and Richard de Onne and Geoffrey de Swineheved, who assisted at the concord, are in misericordiâ. And Geoffrey was amerced half a mark, and Elias 40s. by the surety of the same Geoffrey and of Alan de Johannestun. John did not appear; his sureties are therefore in misericordiâ.

The vill of Stafford came by twelve jurors. The Church of St. Mary of Stafford is of the King's gift, and Bartholomew, Archdeacon of Winchester, holds it of the gift of King John.

Two robbers fled to the Church of St. Mary, and acknowledged themselves to be robbers, and abjured the kingdom; they had no chattels, and the matter was not presented in the County Court. The vill is therefore in misericordiâ, and the Coroner also.

Two robbers fled to the Church of the Holy Cross of Stafford, and confessed themselves to be robbers, and abjured the kingdom. It is not known who they were, neither had the Coroner their names; he is therefore in misericordiâ; and the matter was not presented in the County Court; the vill is therefore in misericordiâ.

Arthur, a messenger of the Earl Marshall, was killed by Welsh malefactors in Rughehaye, in Brimlandes. The said Arthur killed one of them; and a certain messenger of Fulk fitz Warin was bound hand and foot on the same occasion, and is not suspected; and the vill of Chaunes, which concealed the matter, is in misericordiâ.

Hundred of Tatemaneslawe.

Roger de Wakefeld appealed John, son of John Sautcheverel, for the death of his brother Thomas; and John fled and is suspected. Judgment: To be outlawed. No presentment of Englishery; therefore murdrum. He was not in frankpledge, because he was a freeman. (fn. 9) He had no chattels.

Vill of Lichelfeud.

A groom (garcio), unknown, was thrown from a horse of Earl William de Mondevill (Mandeville) into a fishpond and drowned; and he was buried by order of the Marshals of the Lord the King, because the King was at that time in the town. No one is suspected. Judgment: Misadventure. No presentment of Englishery; therefore murdrum. And the matter was not presented in the County Court; therefore the vill is in misericordiâ. The said Earl had the horse by precept of the same Marshals.

These remain Coroners in the County of Stafford:—
Henry de Verdun.
. . . de Essington.

. . . . . . . (the rest illegible.)

The verdict of twenty-four Knights of the County of Stafford, by whom an Inquisition was made by order of the Lord the King, respecting the liberties and rights of the King subtracted in the aforesaid county, viz., by the oath of Geoffrey de Greseleg, Roger de Rideware, William de Stafford, Henry de Deneston, Robert de Sogenhull, Hugh Baggod, Milo de Verdun, Robert de Mere, Henry de Verdun, Henry Mauveisin, John de Saut, John de Acton, Stephen Meverel, Roger de Mulewich, Robert de Esington, Roger de Vernay, Henry de Blithefeld, Robert de Sumerverton, Richard de Titneshovere, Henry de Hulle, Richard de Onne, Robert de Badenhale, Robert de Wiston, and Robert de Dudinton.

They say that the land of the Earl of Chester at Certeleg used to do suit to the county (solebat sequi comitatum), until the war between King John and his Barons, and after the war was over the said land did not do suit to the county, and as they understand by the connivance of the Sheriff (per patienciam Vicecomitis; and they say the same of the land of the same Earl at Clifton Kaumvill.

They say that Gaiton used to do suit to the County and Hundred before the war arose, and after the war was over the suit was taken away by Stephen Meverel.

They say that those who ought to do suit to the Hundred of Tatemaneslawe did their suit during the reigns of three kings fortnightly (de quindenâ in quindenam), at the will of the Sheriff; and until the arrival of the Charters of Liberties; but after those Charters they did not do suit except at two Hundreds per annum, viz., one at Easter and one at Michaelmas.

They say the same of the Hundreds of Offelawe, Seisdun, and Cotholveston.

Roll No. 28 is a Kent Assize Roll, and contains no Staffordshire suits.

Roll No. 29.

Headed, "Placita apud Westm: a die Sancti Michalis, in tres septimanis, anno R. R. H. XIIo." [20th October, 1228.]

Staff. An assize, &c., to make recognition if Geoffrey de Kanvil, father of William de Kanvill, was seised, &c., of a knight's fee in Clifton on the day he died, &c., which fee Ralph, the Earl of Chester, holds; who appeared and said an assize ought not to be taken by this writ, (fn. 10) because he did not hold the fee in demesne, but held it in custody only with Richard de Kanvil, who was the son of Geoffrey, inasmuch as the land is of the fee of the said Earl; and being questioned why the said Richard was in ward to him, stated that the ancestors of the said Geoffrey held the aforesaid fee of the ancestors of the said Earl, and when Geoffrey died, the Earl had taken the land into his hands; and that Richard was the eldest son of the said Geoffrey, born of Felicia, daughter of Philip de Worcester, who was the lawful wife of the said Geoffrey.

And William de Kanvill stated that the said Richard was not the son of Geoffrey de Kanvill; but admitted that the said Felicia was married to Geoffrey, and afterwards on account of the relationship (parentala) which was between them, a divorce took place between them, and Geoffrey afterwards married a certain Leuca, the mother of William, who was the right heir of Geoffrey; and on this point he put himself on the assize.

And the Earl stated he claimed nothing in the land except by reason of wardship, inasmuch as it was of his fee, and because the Earl holds nothing in the land except by reason of wardship, and the suit is between the two brothers, it is considered that the Earl should be dismissed from the suit, and William de Kanvill to proceed against his brother Richard if he wished.

A day is given to them to hear judgment at the octaves of St. Martin, on the prayer of the parties. (fn. 11) m. 1. dorso.

Warw. William Ruffus, of Waleshale, gives a mark for licence of concord with William the Archer in a plea of land. m. 6.

Staff. John Marischall appeared on the fourth day against William de Wasteneys in a plea that he should appear to hear the record of an assize of novel disseisin which was taken before the Justices Itinerant in the said county, between the said William and John concerning a tenement in Kuton (Colton); and the recognitors of the same assize were summoned to certify before the Justices the oath they had made thereupon; and none of them appeared; and William did not appear. They are therefore to be attached for the morrow of St. John the Baptist. m. 7.

Staff. A., the Bishop of Coventry, by his attorney, sued Thomas de Peshale for six acres of land in Peshale, and Robert de Johaneston (Johnson) (fn. 12) for ten acres of land in the same vill, as the right of his Church.

And Thomas and Robert prayed a view. A day is given to them at three weeks from St. Hillary; a view to be made in the interim. m. 9, dorso.

Roll No. 30.

A small fragment of a membrane of the proceedings of Hillary term 12 H. III.; most part illegible.

Footnotes

1 A selection from the Pleas and Presentments only is given, viz., such as possess an intrinsic interest, or illustrate the procedure of the Court.
2 This is the first instance of a jury in Staffordshire in a criminal trial.
3 It will be perceived the jury speak from their own knowledge, and not from the evidence of witnesses.
4 Murdrum means the fine, not the crime.
5 Now Aqualate Meer.
6 i.e., by wager of battle, or by a jury.
7 The Earl of Chester must have been Sheriff at this date. It was forbidden by Magna Charta that Sheriffs, Constables, Coroners, or other bailiffs of the King should hold pleas of the Crown.
8 It would appear by this, and similar entries on this Roll, that the villains only of a manor were in frankpledge; but this is contrary to all received ideas on the subject. I suspect the meaning to be that Robert was a freeholder, and not merely a free tenant.
9 Meaning, I conclude, a freeholder. His father, John Sautcheverel, was a knight, and a large landowner in Staffordshire and Derbyshire.
10 Viz., by writ of mordauncestor.
11 The judgment of the Court is not extant, but William is found in possession shortly after this date.
12 Johnson, in Horseley, Eccleshall.