Banco Roll, Hillary, 14 E. I.
Staff. Matilda the widow of John de Lytleburi sued Henry son of
Geoffrey de Astone for a third of four acres of land in Great Sandone and
Little Sandone, and she sued Hawise the widow of Geoffrey de Astone for a
third of four acres, and Emma the widow of Gilbert le Mareschal for a third
of four acres, and Joan le Clerc for a third of two messuages, and Robert
Aytrop of Herdwick for a third of two acres in the same vill, as her dower.
The defendants had made default on the Morrow of All Souls, and the
dower claimed had been taken into the King's hands. Matilda is therefore
to recover seisin, and the defendants are in misericordiâ. m. 32.
Staff. Writ of fieri facias to raise half a mark from the lands and
chattels of Henry de Cavereswelle, damages adjudicated against him for an
illegal distress against Hugh de Levedale. m. 41, dorso.
Staff. Matilda the widow of William de Ardene sued Peter de Ardene
for a third of a messuage and a carucate of land and 60s. of rent in Knottone
as her dower. Peter appeared and prayed a view. Adjourned to three
weeks from Easter. m. 32, dorso.
Assize Roll of Divers Counties, 14 E. I.
Assizes taken at Honesworth before R. de Legh and H. de Care on
the Monday after the Feast of St. Matthew the Apostle, 14 E. I.
m. 8.
Staff. An assize, etc., if the Abbot of Burton-upon-Trent had unjustly
disseised Robert le Skypper and Basilia his wife, Eva la Vinitere and Robert
de Sutton and Christiana his wife of a corrodium in the Abbey of Burton,
viz., a loaf of bread and a lagena of beer, and a ferculum each day from the
kitchen. The plaintiffs afterwards withdrew their claim. m. 8.
Staff. An assize, etc., if Richard le Mey father of William le Mey of
Alrewas was seised, etc., of a messuage and half a virgate of land in
Frodeleye (Fradley) when he died, which Ralph Quintin holds; Ralph stated
that the said Ralph (sic, Richard) had a wife before he married the mother of
William, by whom he had a son, John, who was his heir. The jury state
that the said Richard had two sons, viz., John, who was the eldest, and the
said William, but they are ignorant whether John is alive or not. A day is
given to the parties at Waleshale, and in the meantime William to seek for
John if he thinks fit to do so. m. 8.
Staff. An assize, etc., if Philip de Mutton had unjustly disseised the
Prior of St. Thomas of his free tenement in Rewell (Rule) near Gnoushale,
viz., of a carucate of land, five acres of wood, etc. (The rest is illegible, except
the final words, per visum recognitorum, et Philippus in misericordiâ.) m. 9.
Staff. An assize, etc., if William son of Simon Attetune, Walter de
Cokeseye, and Richard le Sergant of Bromewyz had unjustly disseised
William son of William Attetonne of a messuage and ten acres of land, and
six acres of meadow and marsh in Bromewyz. The defendants appeared
and Walter de Cokeseye stated he held nothing, and claimed nothing in
the said tenement except as lord. William son of Simon stated he was
tenant, and his father had died seised of the tenement, and he had entered
as his father's heir. William admitted that the father had died seised of
the tenement, but stated that William son of Simon after his father's
death had enfeoffed him in the said lands. The jury found in favour
of William son of Simon. m. 12.
Staff. Simon Cotyn of Madelegh withdrew his suit against Nicholas le
Baroun of Stafford respecting common of pasture in Great Maddeley. m. 12.
Staff. An assize, etc., if John Giffard of Chelinton, Ralph and Robert
his brothers, and Geoffrey de la Cherchehull had unjustly disseised Thomas
de la Hide of reasonable estovers in the wood of Chilinton, viz., in husbote
and haybote, and an oak fit for timber, and fifty cartloads of wood for
burning, and eight for fencing annually. John appeared and answered for
all the defendants, and stated that Thomas is in seisin of an oak fit for
timber, and of three cartloads of wood fit for burning, and was in possession of them on the day the writ was sued out, and he prayed for judgment
accordingly.
And the said Thomas prayed for judgment on the residue, and that his
loss might be inquired into by the assize. John Giffard afterwards acknowledged the convention made between them in the Court of the King before
the Justices at Westminster. (Here follows the agreement given on the Banco
Roll of 11 E. I., Easter Term.) m. 12, dorso.
Assizes taken at Bruwode before R. de Legh and Hugh de Cave on
the Thursday before the Purification of the Blessed Mary,
14 E. I. (associated with them W. Bagot and R. de Staundon.) (fn. 1)
Staff. An assize, etc., if Robert del Warde, Ancketin his brother, and
two others named, had unjustly disseised Robert son of Robert del Brodok of
a messuage and twenty-four acres of land in Kyngesley. The plaintiffs
withdrew their plea, and are in misericordiâ. m. 13.
Staff. Osbert son of Robert de Wybaldeston withdrew his suit against
Nicholas the Prior of St. Thomas respecting common of pasture in Pendeford
and Bisseburi appurtenant to his free tenement in Bisseburi. m. 13.
Assizes at Tamworth [day illegible], 14 E. I.
Staff. An assize, etc., if William de Oseneye and Margaret his wife,
William Hyllary, William de Bereford, John de Tresel, Hervey de Wolvrenhampton, Richard son of Gervase de Hamton, and Hamon de Fundemesleye
had unjustly disseised John de Eton and Joan his wife of a messuage and
a half of two meadows, a mill, five acres of land, two acres of meadow and
moor, and of two tofts in Himelegh. (The defendants appear, and take
exception to the terms of the writ, but the end of the suit is illegible.) m. 13,
dorso.
Staff. An assize, etc., if John Giffard of Chylinton had unjustly disseised
John son of Thomas Giffard of two parts of a messuage, a virgate of land, and
an acre and a half of meadow in Gunston; and the same assize came to make
recognition if John Giffard and Robert de Walton had unjustly disseised
Cecilia daughter of William le Paumer of Chilington of three acres of land,
one-third of a messuage, and one-third of a place containing an acre of land
in the same vill.
John Giffard stated as regards the complaint of John son of Thomas
Giffard, that the said Thomas his brother had obtained the said tenements to
hold to himself and his heirs, and had died seised of them, and after his
death he had entered into them as his brother and heir (here several lines are
illegible).
The jury say that John son of Thomas never was in seisin of the said
tenements, and give a verdict for John Giffard the defendant. And as
regards the said Cecilia, they say that the said Thomas at the request of
Cecilia (eo quod ipse contraxerat cum eâ et procuraverat prolem ex eâ) had
given her a charter of feoffment, and as he was infirm he had assigned one
Hugh le Provost of Guneston to put her into seisin of the said tenements,
and Cecilia in consequence of Thomas being very ill, had assigned her
daughter to take seisin for her, and Hugh had put the daughter in seisin of
them on a Saturday after the ninth hour, and she had continued in seisin for
her mother until the third hour of the following Monday. In the meantime
Thomas died on the Sunday before the hour of Vespers, and after the burial
of the said Thomas, Cecilia had taken possession of the house, and then John
Giffard had ejected her. And the jury being asked if the daughter had
taken anything in the said tenements in the name of seisin, stated she took
oil and two cartloads of wood. A verdict is given in favour of Cecilia, who is
to recover seisin. m. 13, dorso.
Warw. An assize, if Henry Miles and Richard son of Hugh de Loges of
Cesterton had unjustly disseised Richard de Loges of a messuage and a hide
of land excepting one acre in Cesterton. Richard son of Hugh appeared
and pleaded he was jointly enfeoffed of the tenement with Edith his wife,
who was not named in the writ; and as Richard de Loges could not deny
this, the suit is dismissed. m. 15, dorso.
Banco Roll, Easter, 14 E. 1.
Staff. Cestr. The Prior of Trentham appeared by attorney against Geoffrey
son of Geoffrey Griffin in a plea that he should warrant to him four messuages,
sixty acres of land, each thirty feet in length and twenty in breadth, sixty acres
of meadow, sixty acres of pasture, and one hundred acres of wood in Over
Elkesdone which Thomas de Waterfal and Margaret his wife, Alianora and
Hawise, sisters of Margaret, Simon de Cliftone and Elena his wife, and Simon
Basset, claimed; and he did not appear, and had made default previously, viz.,
at the Octaves of St. Martin, when the Sheriff returned he held no lands in
the county by which he could be distrained, and it was testified he held the
bailiwick of Pyrehulle (Hundred), which could be taken into the King's
hands, and the Prior had also summoned the said Geoffrey in co. Chester.
The Sheriff of Cheshire is therefore commanded to summon the said Geoffrey
for the Quindene of Michaelmas. m. 42.
Staff. The Abbot of Hales appeared to answer the plea of John Paynel
and Margaret his wife that he should permit them to present a fit Parson to
the Church of Waleshale, and they did not appear, and were the plaintiffs;
the suit is therefore dismissed. m. 42, dorso.
Staff. Nicholas the Baron of Stafford was summoned to answer the plea
of Norman Darcy that he had unjustly seized his cattle, viz., ten oxen and
ten cows, on the Thursday before the Nativity of the Virgin, 13 E. I., in a
meadow called Asewellemede in the open fields (campo) of Halghton, and had
driven them to his park of Stafford, to the damage of the said Norman of
100s. Nicholas appeared and stated he had only taken four oxen, and those
he had taken justly, because he having performed his service in the army of
the King in Wales, the King had given him the scutage of his knights' fees,
and one Thomas de Alheton (Haughton) held of him a knight's fee in
Halghton, and 40s. was in arrear of the said scutage.
And Norman pleaded the Baron had no right to distrain him on account
of the said scutage, because the said Thomas died at Anglesseye (fn. 2) whilst with
the army, and after his death the said Nicholas had taken the custody of
the said fee in the name of Robert son and heir of the said Thomas, who was
under age and in ward to him, so that he is in seisin of the fee. Verdict for
Norman, and Nicholas is in misericordiâ for an unjust distress. m. 51, dorso.
Staff. The suit of Roger the Bishop of Coventry versus Geoffrey de
Gresele (a plea of custody) is adjourned to the first assize when the Justices
come into those parts, at the prayer of the parties. m. 50, dorso.
Staff. William de Stokes appeared against Adam Trumwyn of Canutburi.
Adam son of Adam Trumwyn of the same, Richard de Rugeleye, Adam son
of Roger de Norton, and nine others named, for beating, wounding, and
illtreating him at Canotburi, and carrying away his goods and chattels to the
value of 60s. The defendants did not appear, and the Sheriff is ordered to
attach them for three weeks from Michaelmas. m. 48, dorso.
Staff. The suit of Roger Bishop of Coventry versus Robert de Somerford
in a plea of land is adjourned to the advent of the Justices into those parts,
at the prayer of the parties. m. 40, dorso.
Staff. Roger de Pywelesdon and Joan his wife, John de Whytemore,
Adam son of William de Alsacher, Robert le Mareschall and Gilbert son of
Geoffrey de Aston are in misericordiâ for a false claim against Roger son of
Stephen de Uslewell and Muriel the widow of John de Swynnerton. (fn. 3) m. 29,
dorso.
Banco Roll, Michaelmas, 14–15 E. I.
Staff. Thomas de Waterfal and Margaret his wife, Elianora and Hawise
sisters of Margaret, Simon de Clyfton and Elena his wife, and Simon Basset,
sued the Prior of Trentham for four messuages, etc. (as before), in Over
Elkysdon as the right of Margaret, Elienora, Hawise, Elena, and Simon, and
they say that Adam their ancestor was seised of the said tenements in the
time of King Henry the father of the King, and from Adam, who died
without issue, the right descended to Thomas as his brother and heir, and
from Thomas, who died without issue, the right descended to Eva, Hawise,
Christiana, Margery, Dionisia, Matilda, and Agnes as his sisters and heirs.
And Eva, Hawise, Christiana, and Margery died without leaving issue, and
from Dyonisia her right descended to John as son and heir, and from John
his right descended to Margaret, Elienora, and Hawise as his daughters and
heirs, who now sue. And from Matilda her right descended to Elena, who
now sues, as her daughter and heir. And from Agnes her right descended
to the said Simon, who now sues as her son and heir.
And the Prior called to warranty Geoffrey son of Geoffrey (Griffin), who
now appeared and warranted the tenements to him, and denied the seisin of
Adam, and put himself on the great assize, and he offered half a mark to
have mention of the time (i.e., whether the date of the seisin of the original
ancestor was correctly described). Adjourned to the Quindene of Hillary.
m. 34.
Staff. Hamon de Coulegh sued Richard son of Robert de Acton, Thomas
de Chatculne, William de Mitton, Ralph son of Henry de Coulegh, and three
others named, for beating, wounding, and illtreating him at his house at
Coulegh (Cowley), and carrying away his goods to the value of 100s. The
defendants did not appear, and the Sheriff is ordered to distrain and produce
them at the Quindene of Hillary. m. 41.
Staff. Peter de Arderne sued Roger Bishop of Coventry and Lichfield
for forty acres of meadow in Eyleford (Elford), and Magister John de
Derby for five acres of meadow, Magister Henry de Newerk for two acres
and a half of meadow, Henry Lovel for two and a half acres of meadow,
Theodosius Maloselli for two and a half acres of meadow, and Ralph de
Hengham for five acres of meadow, and nine others named for portions
of meadow land in the same vill, in which they had no entry except by a
disseisin which Alexander formerly Bishop of Coventry and Lichfield had
unjustly made of Roger de Montealto (Monhaut), the great grandfather
(proavo) of the said Peter, whose heir he is. The defendants appeared, and
Magister John de Derby, Magister Henry de Newerk, Henry Lovel,
Theodosius Maloselli, Ralph de Hengham, Magister John de Kernik,
Magister Geoffrey de Haspale, Magister Simon de Baldon, Magister William
de Luda, and Peter de Lacy say they are Canons of the Church (fn. 4) of Coventry
and Lichfield, and they hold the lands in question as appurtenant to their
prebends, and as the Canons of the said Church are not named in the writ,
they pray for judgment on the writ. As Peter could not deny this, the suit
is dismissed as against the Canons. And the Bishop and the other tenants
who are sued defend their right and denied that the Bishop Alexander had
disseised the ancestor of Roger as stated, and appeal to a jury. The Sheriff
is ordered to summon a jury for the morrow of the Purification. m. 53.
Staff. Eva daughter of Roger de Albo Monasterio (Oswestry) gives half
a mark for license of concord with John son of John fitz Philip in a plea of
warranty of charter. (fn. 5) m. 59.
Staff. The Abbot of Burton sued Henry son of Henry de St. Maur for
thirty messuages, three hundred and eighty-seven acres of land, and 54s. of
rent in Felde as his eschaet, which fell to him inasmuch as the said Henry
had been outlawed for a felony. And Henry appeared and stated he could
not answer to the writ without Roysia his wife, who was conjointly enfeoffed
with him in the said tenements, and who was not named in the writ. The
Abbot withdrew his writ. m. 75.
Staff. Thomas Hillary appeared against John de Herevill (Heronvill) in
a plea that he (John) and his villains of Wodenesburi should do suit to his
mill of Finchespath as they used to do. John did not appear, and is to be
attached for the Quindene of Hillary. m. 76.
Staff. Matilda the widow of John de Littlebyri sued John de Grendon
and Joan his wife for a third of six acres of land in Great and Little Saundon
(Sandon) as her dower, and the defendants made default, and tho Sheriff had
taken the dower claimed into the King's hands, and Matilda now claimed it
by their default; and John and Joan appeared by attorney and denied they
had been summoned, and offered to wage their law. They are therefore to
come in propriâ personâ with their compurgators on the morrow of the
Purification. m. 111.
Staff. Peter de Arderne withdrew his writ of entry against Roger the
Bishop of Coventry and Lichfield, Peter de Colecestre, and others. m. 120.
Staff. Simon Breton, William Gilbert, William Schelde, Robert Wulrich,
and William Reyner were summoned by William son of Thomas Swanild for
illegally taking his chattels, viz., three skins, in the vill of Stafford. The
defendants pleaded they were burgesses of the town of Stafford, and King
John by his charter had conceded that Stafford should be a free borough for
ever, and that the burgesses should have the borough cum socâ, etc., and all
other liberties and free customs, and they state that from time out of memory
it had been the custom that no stranger who was not of the liberty could sell
wool by the fleece, and they produced the charter of King John dated 1st May
in the seventh year of his reign.
And William stated he was a burgess of Newcastle-under-Lyme, and
that King Henry had granted them a charter by which the town was made
a free borough, and that they might have a merchants' guild in the same
borough with permission of selling their merchandize throughout England,
and freedom from all tolls and passagium.
A postscript stated that the parties appeared at Michaelmas Term, 15 E. I.,
and a verdict was given in favour of the burgesses of Stafford, on the ground
that the plaintiff showed nothing against the immemorial customs of the
town of Stafford, and the charter to Newcastle was posterior in date to the
charter given by King John to the town of Stafford. m. 148.
Staff. Sarra the widow of Thomas de Wesenham sued Philip de
Montgomery for a third of a Sergeanty of the custody of the Forest of
Kanok in Alrewas, Hopewas, Benetlegh, Chistlyn, Teddeslegh, Gaulegh,
and Oggelegh as her dower. Philip did not appear, and the Sheriff is
ordered to take the dower claimed into the King's hands and to summon him
for the Quindene of Hillary.
Staff. The Sheriff was ordered to take with him four discreet and
lawful Knights of his County, and in propriâ personâ to proceed to the Court
of Edmund the King's brother at Newcastle-under-Lyme, and in full court
there to cause to be recorded the suit which was in the Court by the King's
writ between John de Wytemore, Adam son of William de Allesager, Roger
de Pyveslesdon and Joan his wife, Robert le Mareschal, and Gilbert son of
Geoffrey de Aston, plaintiffs, and Roger son of Stephen de Useleswell, tenant
of four messuages and four bovates of land with appurtenances in Great
Chelle, and in which the said Roger son of Stephen complained a false
judgment had been given; and to have the record in Court at this term
together with four legal men of the same Court who were present at the
record. And John and the others now appeared, and William de Mere,
Geoffrey de Kokenegge, Thomas de Baddeleye, and Richard du Lee, the four
men of the Court to whom the record had been intrusted to produce it in
Court, never came. The Sheriff is therefore ordered to distrain and produce
them on the morrow of the Purification, and the same day is given to the
other parties. m. 78, dorso.
Staff. The suit of Petronilla widow of Richard de Melewych versus John de
Grendon is dismissed, Petronilla not appearing to prosecute it. m. 74, dorso.
Staff. Philippa de Dotton, who had been the wife of John de Cokefeud,
sued Robert de Dutton for the manors of Great Rowenhale, Little Rowenhale
(Rownall), excepting three bovates and an acre of land in Little Rowenhale,
which she claimed as her right of the gift and feoffment of Sir Vivian de
Staundon, who had enfeoffed her in them, and in which the said Robert had
no entry except through John formerly her husband, who had demised them
to him before the divorce made between them. Robert called to warranty
John de Cokefeld, who appeared and asked that it might be shown why he
should warrant the tenements; and Robert produced a deed of the said John
and Philippa formerly his wife by which John and Philippa gave the said
tenements to Robert and the heirs of his body, with a clause of warranty.
John stated that at the time he was summoned to warranty, viz., at Hillary,
12 E. I., Philippa and not Robert was in possession of the manors, and he
appealed to a jury. The Sheriff is ordered to summon a jury for the Quindene
of Hillary. m. 55, dorso.
Staff. Philippa the widow of Robert de Slindon sued Robert son of
Edith de Chatculne for a third of half a messuage and half a virgate of land
in Slindon, and Robert son of Robert son of Edith for a third of half a
messuage and half a virgate of land, and William de la Mere and Felicia
his wife for a third of fourteen acres of land in the same vill as her
dower. The defendants appeared, and the two Roberts call Roger son of
Robert de Slindon to warranty, and William and Felicia for a part of their
tenement also call him to warranty, and for the rest they call to warranty
William son of Robert de Badenhale. The Sheriff is ordered to summon
the warrantors for the Quindene of Hillary. m. 54, dorso.
Staff. Robert son of Serlo sued Peter de Wodewall for five acres in
Weston under Couremunt in which he had no entry except by a demise
made by Serlo his father to Peter de Kyll for a term now expired. Peter
called to warranty John Coygni, who appeared and warranted the land to
him, and denied that Serlo had demised the tenement as stated. A jury
to be summoned for the morrow of the Purification, m. 46, dorso.
Staff. A deed enrolled by which Richard son of Richard son of Guy de
Essemerbrok granted to John son of Philip de Essemerebrok and his heirs
a portion of his demesne opposite his house (ex opposito mansi mei) as far as
the road which runs between Lichfield and Faverwell as it lies between the
rest of the demesne and the mill of the Lord of Pipe. He also granted to
the same John and his heirs all the tenement which John and his ancestors
held in Essemerebrok of Thomas de Hamsted and his predecessors for 3s.
annually, and which service of 3s. he (Richard) had bought of Thomas de
Hamsted, etc. m. 42, dorso.
Staff. In the suit of Elizabeth the widow of Matthew de Knyveton
versus the Abbot of Burton for dower in Ilum, and in which the Abbot
had called John son of Robert de Acovere (Okeover) to warranty, John
appeared and asked it might be shown why he should be called to warranty;
and the Abbot produced a deed of Hugh de Acovere the grandfather of
John, whose heir he is, by which Hugh gave the tenements in question to
the Church of St. Mary and St. Modeverne the Virgin of Burton. Adjourned
to the morrow of St. Martin. m. 34, dorso.
Staff. Richard son of Robert de Mallelegh (sic) and Margaret his wife
sued Adam son of Richard de Maddelegh for a messuage and fifteen acres
of land in Maddelegh, of which Richard de Maddelegh the grandfather of
Margaret, whose heir she is, was seised as of fee when he died. Adam
defended his right and stated he held the tenement as son of the said
Richard. Richard stated that Richard the grandfather had an elder son
William who was nearer heir than Adam. Adam stated William was a
bastard, and he was prepared to prove it, as the Court should think fit. (fn. 6)
Adjourned to the Quindene of Hillary. m. 27, dorso.
Staff. Joan the widow of Roger de Tok sued Robert de Tok for a third
of the manor of Ansedelegh (Anslow), and a third of four messuages, and of a
carucate and thirty acres of land and 20s. of rent in le Bussons, and she
sued Walter de Ryding for a third of a messuage and ten acres of land in le
Ruyding as her dower. The defendants did not appear, and the Sheriff is
ordered to take the dower claimed into the King's hands, and to summon
them for the Octaves of St. Martin. m. 12, dorso.
Staff. Robert Brun of Cotene sued Philip Brun of Tuteburi Wodehouses
for fourteen acres and two parts of a messuage in Tuteburi Wodehouses, of
which Agnes who had been wife of Robert de la Wodehouses the grandmother of Robert, whose heir he is, was seised as of fee when she died.
Philip stated the tenements had belonged to Robert de la Wodehouse, who
was jointly enfeoffed of them with Agnes his wife, and that Robert had
survived his wife, and the fee remained with him after the death of Agnes.
Robert stated the tenement was the maritagium of Agnes, and appealed to
a jury. A postscript states that on the morrow of All Souls, 15 E. I., the
parties appeared in Court and made an agreement and final concord by which
Robert remitted and quit-claimed to Philip and his heirs all his right to the
said tenements and to one-third of a messuage and six acres in addition, for
which Philip was to pay to Robert for the term of his life 19s. annually.
m. 2, dorso.