Banco Roll, Hillary, 15 E. I.
Staff. The Abbot of Burton-upon-Trent sued Robert de Flittelegh and
Hawyse his wife for a messuage and twenty-eight acres of land in Felde
(Field) as his eschaet. Robert and Hawyse appeared and prayed a view.
Adjourned to the morrow of St. John the Baptist. (fn. 1) m. 30, dorso.
Staff. Robert Everard had shown the Lord the King that whereas when
Richard son of Roger de Estleye had lately sued him for half a messuage
and half a virgate of land in Wythington; and a day having been given to
him in this Court at three weeks from Michaelmas, 13 E. I., and the said
Richard having made default, and the suit having been dismissed, the said
Richard had afterwards prosecuted the suit in the absence of Robert,
and had recovered seisin by his default of appearance, falsely and to the
deception of the Court, and the Lord the King not wishing such deception
and falsification so maliciously perpetrated to be left unpunished, had ordered
the Sheriff to attach the said Richard by his body, and to take the said
tenements into the King's hands, and the Sheriff had done nothing. He is
therefore commanded to produce the said Richard at a month from Easter,
and to be present himself at the same term to hear judgment on his default.
m. 4.
Staff. John Gyffard appeared against Richard fitz John in a plea that
he should acquit him of the service which Roger Bishop of Coventry and
Lichfield claimed of him for the free tenement he holds of Richard in
Chilinton, and in which Richard is medius, and he did not appear, and the
Sheriff had been ordered to summon him, and returned he held no lands or
tenements within his bailiwick, and it was testified that he held lands in
Northamptonshire. The Sheriff of Northamptonshire is therefore ordered to
summon him for Trinity Term. m. 72.
Staff. Roger son of Stephen de Useleswell who brought a writ of false
judgment against John de Wytemore, Adam son of William de Allesager,
and others, did not appear to prosecute it, and the suit is dismissed. m. 30,
dorso.
Coram Rege Roll.
Headed, "Pleas before R. de Hengham and W. de Hamelton in the
Church of St. Clements of the Danes in the suburb of London,
on the Morrow of Mid-Lent, 15 E. I."
Staff. The Sheriff returned he had levied £10 from the lands and
chattels of Roes Trussel, part of a sum of £60 which he had been ordered to
raise by writ of fieri facias to pay a debt owing to Magister Thomas de
Staundon and the other executors of Roes de Staundon, etc. m. 9.
Staff. John de Tenery, Canon of the Church of St. Michael of Pencrich
was attached to answer a plea of Richard de Loges that whereas the said
Richard had obtained a writ of prohibition according to custom forbidding
the said John from prosecuting a suit respecting the lay fee of Richard in
Rodbaldeston (Rodbaston) in Court Christian, and had produced the writ on
the Sunday before the Feast of Peter and Paul, 14 E. I., in the presence of
William de Wrottesley, John le Say, Adam le Merlawe, and Robert
Aylward, the said John had refused to admit the writ, and had continued the
suit notwithstanding the mandate, to the manifest contempt of the King, and
to the great loss of Richard, and for which he claimed £20 as damages.
John appeared and denied the indictment altogether and appealed to a
jury. The Sheriff is therefore commanded to summon a jury of twenty-four
(Coram Rege at the Quindene of Michaelmas, nisi Justiciarii ad assisas
assignati prius, etc. m. 16, dorso.
Banco Roll, Hillary, 15 E. I.
Derb. Joan the widow of Roger Touk sued Roger de Bradeburn for a
third of a messuage and four bovates of land and ten acres of meadow in
Bradeburn as her dower. Roger called to warranty Robert son and heir of
Roger Touk, (fn. 2) who is under age, and whose person and lands are in ward to
Hugh de Vyen. The heir to be produced in Court on the morrow of
St. John the Baptist, and to be summoned in co. Stafford. m. 37.
Staff. Reginald son of John de Chavernes (Charnes) was attached to
answer the plea of Thomas son of Robert de Wytynton that he should carry
out the terms of a fine levied in the Court of King Henry before William de
Ebor and other Justices at Lichfield, between Robert de Wytynton the
father of Thomas (whose heir he is) and John de Chavernes the father of
Reginald (whose heir he is) respecting six acres in Wytynton. And he
complained that whereas the said John had given to the said Robert half of
the said land, for which Robert had released his claim to the other half,
Reginald had taken in addition two and a half acres of the part which had
been allotted to Thomas. Reginald denied he had taken more than his
share, and appealed to a jury. The Sheriff to summon a jury for the Octaves
of St. John the Baptist. m. 43.
Staff. The suit of Joan the widow of Walter de Enefeld (Enville) versus
Roger de Burmingham the Parson of the Church of Enefeld, in a plea of
dower, is dismissed, Joan not appearing to prosecute it. m. 39, dorso.
Staff. In the suit of Thomas Hillary versus John de Heronville
respecting suit to his mill in Fynchespathe, Thomas complained that
whereas one Nicholas de Bordesley to whom the Abbot of Bordesley had
demised the mill in fee farm, had conveyed the same mill to him, the said
John had withdrawn from the mill the suit of himself and of his villains of
Wednesburi.
John appeared and stated that William de Herevill his grandfather had
demised the mill to the Abbot of Bordesley by a deed which he produced,
and which was in these words—
"Sciant presentes et futuri quod ego Willelmus de Heroville filius Willelmi
de Heroville, concessi, etc., pro salute animæ meæ et Aliciæ uxoris meæ et
heredum meorum, Abbati et Monachis de Bordesle ad perpetuam feodi firmam
molendinum manerii mei de Wodnesburi cum omnibus pertinentiis suis, etc., a
prato Roberti filii Osberti usque ad pontem de Pynchespath (sic) cum omni
sequelâ totius villæ de Wodnesburi, etc., quotiens vero molæ cariandæ sunt
homines de Wodnesburi cariabunt semper molam ad molendinum infra
comitatum et monachi alteram, etc. Insuper liceat prefatis monachis predictum
molendinum de loco in locum transferre super idem tenementum si voluerint et
cursum aquæ dirigere super terram meam ad caput pontis versus Aqualonem
usque in vadum. Et sciendum quod de unâquâque domo totius villæ de
Wodenesburi singulis annis habebunt dicti monachi unum hominem in anno
semel ad reparandum stagnum dicti molendini sive curandi. Et preterea
concessi dictum cursum aquæ quæ est inter duos pontes dictis monachis quorum
unus vocatur Wynchespathebrigge et alterus Wystibrigge, etc., ad molendinum
faciendum apud Wisti, etc." And he stated that according to the tenor of
the said deed he was ready to concede to Thomas the suit of mill with the
other articles contained in it; and Thomas for this concession remitted his
claim to damages. (fn. 3) m. 37, dorso.
Coram Rege Roll, Michaelmas, 15—16 E. I.
Hibernia. In a suit respecting land in Balydermod and Stathoule, and in
which it had been pleaded that Robert de Haselore was illegitimate, and which
had been referred to the Bishop of Worcester, the Bishop returned that
William de Mutton (fn. 4) and Lavinia de Haselore the father and mother of
Robert de Hesellore were married sixty years ago in the Church of Hesellore.
Robert the plaintiff appeared, but the defendant Geoffrey de Clahull was not
present, and it was testified he had been drowned at sea.
N.B.—Robert claimed as heir of his brother Nicholas, and the suit had
been heard before Robert Bagot and other Justices of the Bench of Dublin,
and the record returned into the King's Bench in England in order to obtain
the Bishop's certificate, the Irish Court not having power to enforce compliance
upon the Bishop, m. 24, dorso.
Coram Rege, Michaelmas, 14—15 E. I.
Staff. An assize had been taken elsewhere before R. de Legh and H. de
Cave, Justices assigned to take assizes in the said county, to make recognition
if Walter de Rydeware Hamstall, the father of Thomas de Rideware
Hamstal (who is stated to be under age), was seised in demesne, etc., of two
hundred and two acres of land and thirty-three and a half acres of meadow,
one-hundred and forty acres of wood, 55s. 8¼d. of rent, and two parts of a
messuage with appurtenances in Rydeware Hamstal, etc., which were held
by the Prior of Lappele, who had deforced the said Thomas of them. The
Prior appeared and stated that Thomas had no right to seisin of the tenements in question, because his father Walter held them of him by sergeanty,
viz., by the service of coming every year to the Priory on the vigil of
Christmas Day and performing the office of Marshal, on the vigil, and on the
Feast day, and on the morrow. And on the day of St. John the Evangelist
he broke his fast (gentaculabat) about the first hour of the day, and after
breakfast he had to place on the table 5s. 4d., and then he might depart; and
he pleaded further, that the tenements were held of the Honor of Chester,
in which Honor it is the custom that if anyone holding by sergeanty leaves
an heir under age, the lord has the wardship of his lands until the full age of
the heir, and he claimed no more than that.
And Thomas stated that his father Walter had held the said tenements
of the Prior not by the service stated, but by the office of Seneschall, and by
the yearly service of going on the vigil of Christmas Day to the Priory, and
by taking into his charge all the keys of the Priory and disposing of them
at his will on the vigil, and on the Feast, and on the morrow; and on the
third day, i.e., on the day of St. John the Evangelist, after breaking his fast
(gentaculum suum) about the first hour of the day, he had to put 5s. 4d. in the
name of rent upon the table, and then he might depart without performing
any other service, and he prayed for judgment, whether the Prior on account
of a fixed annual service on certain days and in a fixed place (fn. 5) ought to hold
the tenements (during his minority). And he further stated that one
William his ancestor, the brother of Roger his grandfather, whose heir he is,
had had seisin of the said tenements by hereditary right after the death of
his ancestor, whilst he (i.e., William) was under age and in ward to his
nearest relation (in custodiâ parentis sui propinquioris) without any reclamation on the part of the predecessors of the said Prior, and this he was
prepared to prove as the Court should think fit.
The Prior pleaded that there was no necessity to verify the seisin of the
ancestor of Thomas whilst under age, until the said Thomas first acknowledged that the tenements were held of the Honor of Chester by sergeanty,
and by which tenure he ought to have the wardship, as in all similar cases
in England. And Thomas stated it was of no importance whether the
tenements were held of the Honor of Chester or not, that he held immediately of the Prior by a fixed annual service, which was a soccage service
rather than a sergeanty, and the Prior could not show that any of his
predecessors had ever held the wardship of the lands. And he was ready to
prove that his ancestor William after the death of his ancestor was under age
and in ward to his nearest relative, etc. And a day had been given to the
parties at this day, and they appeared, and the Prior stated as before that
the said tenements in Rideware Hamstal are of the fee of the Earl of Chester,
whose status he holds, and by the custom of that Honor he ought to have the
wardship if the heir is under age. And the said Thomas by his custos said
that his tenements in Rydeware Hamstal are not held of the Honor of
Chester, (fn. 6) and even if they were, it was not the custom of the Honor that
those who hold the status of the Earl of Chester had the custody of lands
held by sergeanty as of lands held by military service, and he prayed that
that might be enquired into by the assize. Therefore let an assize be taken,
and the above-named Justices are to take an assize in the form above given.
A day was given to the parties to appear before the said Justices at Tamworth
on the Saturday after the Epiphany. (fn. 7) m. 26.
Banco Roll, Michaelmas, 15—16 E. I.
Salop. Margaret de Covene was attached to answer the plea of Richard de
Piccheford that she together with Reginald de Rothale, John de London, and
Roger de Camvill had taken by distraint the cattle from his plough at
Burewardele (Broseley), viz., twelve oxen, against the statute, and had impounded them.
Margaret stated she had brought an assize of novel disseisin against the
said Richard before Reginald de Leye and Hugh de Cave, Justices assigned to
hear it, before whom he had been convicted of a disseisin made against her,
and her damages had been adjudicated at 10 marks, and the Sheriff was commanded to raise them and deliver them to her, and for this purpose the
Sheriff had taken of the chattels of Richard nine oxen and two cows, and
had delivered them to her, and she appealed to a jury.
Richard stated whatever she might aver about the damages adjudicated
to her, it was nevertheless the fact that she and the others had taken twelve
oxen from his plough when other cattle could have been found sufficient to
meet the damages, and on this he appealed to a jury. The Sheriff was commanded to summon a jury for the Octaves of Hillary, nisi prius, i.e., unless the
Justices assigned to take assizes first came into those parts. m. 30.
Staff. Robert the Vicar of the Church of Dowebrigge (Doveridge),
Reginald Parson of the Church of Sulihelle, and Thomas Vicar of the Church
of Croydene, executors of the will of Magister Henry Lovel, sued Richard son
of James de Blithefeud for 38 marks owing to them. Richard did not appear,
and is to be attached for the Quindene of Hillary.
Staff. The Sheriff had been ordered to raise 13 marks from the lands and
chattels of Ala the widow of William de Handesacre, John de Handesacre,
Chaplain, and Thomas le Harpour executors of the will of William de Handesacre, and to bring them into Court to pay them to Roger le Escot of Notingham, for a debt which the said Roger had recovered against them at Hillary
Term, 11 E. I; and he now returned that he had raised 2 marks, but did not
bring them into Court, and respecting the residue he had done nothing. He
is therefore ordered to bring the 2 marks into Court at Hillary, and to raise
the rest. m. 60.
Derb. Adam de Krideling and John de Langeford (fn. 8) were summoned to
answer the plea of Walter de Gousel that they should permit him to present
a fit Parson to the Church of Wytewelle. The pleadings to this suit give the
following pedigree:—
Pedigree of de Gousel
Adjourned to three weeks from St. Martin. m. 98.
Staff. Alianora de Ferars sued Hugh de Wasteneys, John and William
his sons, Robert del Hulle, and eighteen others named, for cutting down and
carrying away her trees from Certely (Chartley) and Huncesdon (Hixon), and
for illtreating and beating her men. The defendants did not appear, and the
Sheriff is ordered to distrain and produce them at the Octaves of Hillary.
m. 23, dorso.