Banco Roll, Hillary, 16 E. I.
Staff. The suit of Ralph de Sicca villa (Secheville), Canon of the Church
of St. Mary of Stafford, plaintiff, versus Henry de Wyveston, tenant of a
messuage and a carucate of land in Wyverston (Worston), is respited till the
Octaves of Trinity through defect of a jury. m. 6.
Staff. Richard de Harecurt sued Robert de Frankeville and Hillaria his
wife for waste and destruction in the woods they hold of the dower of
Hillaria and of his inheritance in Elenhale near Raunton, and they did not
appear. The Sheriff is ordered to distrain them, and to go in his own person
to the wood and make inquisition on the oath of twelve legal men respecting
the alleged waste, and return the inquisition under his seal at a month from
Easter. m. 50.
Derb. Roger de Morteyn sued Robert Sautcheverel for forty acres of
wood in Ryseley of which Eustace de Morteyn his great grandfather
(proavus) had been seised, etc. Robert appeared and denied that Eustace
had died seised of the tenement after the coronation of King Henry, etc.,
and appealed to a jury; and a jury was summoned for this term, etc.
A postscript adds that a jury came at the Quindene of Michaelmas, 17 E. I.,
and stated that Eustace the proavus did not die seised of the tenements after
the coronation of King Henry. (fn. 1) Roger is therefore in misericordiâ for a false
claim. m. 70.
Staff. Edward le Carpenter who brought a writ of debt against Peter
Corbet and Magister Henry de Bray, the executors of the will of Nicholas
Baron Stafford, came and withdrew his writ. m. 51, dorso.
Banco Roll, Easter, 16 E. I.
Staff. Thomas de Hamstede, senior, sued Thomas son of Thomas de
Hamstede for a messuage and a carucate of land in Swynefen and Sheneston.
The defendant did not appear, and is to be summoned for a month from
Michaelmas, and the tenement to be taken into the King's hands. m. 79,
dorso.
Derb. Lora the widow of William de Meysam was summoned to answer
the complaint of Urian de St. Pierre that she caused waste and destruction
in the houses and gardens which she holds in dower of the inheritance of the
said Urian in Eyton. Urian stated that she held the third of two parts of the
manor of Eyton and had pulled down four houses and cut down twenty pear
trees. Lora denied the waste, and appealed to a jury, and the Sheriff
was ordered to summon a jury, and to proceed to the place and to make
inquisition into the facts, and to return it into Court at Michaelmas Term.
The inquisition is added as a postscript, and states that Lora had sold to
Urian two houses, one for 4s. and the other for 2s., and that in one place there
were two cottages of "alnetum" in a ruinous state and quite rotten, and in
another place there was a house and a cottage in ruins and rotten, which fell
down, and that Lora had cut down three old and dry pear trees worth 3d.
m. 52, dorso.
Assize Roll of Divers Counties, 16 E. I.
Pleas taken at Tamworth in co. Stafford before Thomas de Sodington,
Walter de Hopton, Reginald de Legh, and Hugh de Cave on the
morrow of Hillary, 16 E. I.
Staff. An assize, etc., if Geoffrey Griffin, Thomas son of Roger de
Charleton and Thomas son of Thomas son of Roger de Charleton had
unjustly disseised Theobald de Werdoun of two parts of six acres of moor
and heath in Balterdelegh, etc. The defendants did not appear, and the
assize was taken in their absence. The jury find in favour of Theobald de
Verdon. m. 7.
Staff. An assize, etc., if Richard de la Lee had unjustly disseised
William de Chetewynde of his free tenement in Haberyate in Cublestone.
William withdrew his writ. m. 7.
Staff. An assize, etc., if John Paynel and Margaret his wife had
unjustly disseised Henry son of William de Schefell of a messuage and
twenty-two acres of land in Walsale and Schelful. John and Margaret state
they claimed nothing in the land except the custody of it till the full age of
Henry, William his father having held the tenement of them by military
service.
Henry stated that William Ruffus (le Rous) of Walshale had given the
land to his father William son of William de Shelfhulle and to his heirs for
homage and service, rendering yearly 5s. 4d. for all service except suit of
Court, and for the reinforcement of the Court when the King's writ was there,
and saving the forinsec service of the King, (fn. 2) and after the death of his father
he had entered into the said tenements as his son and heir, and was in good
and peaceable seisin until John and Margaret had dispossessed him, and he
admitted he was under age; and afterwards he said that it evidently appeared
by a clause in the deed that John and Margaret could not have the custody
of the land, because it stated "salvo forinseco servicio quod nec ad me nec
heredes meos pertinet," and that by these words the feoffor had excluded himself and his heirs from all forinsec service. A day was given to the parties
to hear judgment at Lichfield. A postscript adds that Henry never
appeared to prosecute his plea at Lichfield. He is therefore in misericordiâ,
but his fine is remitted because he is under age. m. 7.
Staff. Thomas de Melewych not appearing to prosecute his suit against
the Prior of Stanes, is in misericordiâ together with his sureties, viz., John
le Say of Dunston and William Gilberd of Stafford. An agreement was
afterwards made between the parties, by which Thomas remitted all claim
to the corrodium for which he sued, and for which the Prior acknowledged
a debt to Thomas of 18 marks, to be paid by three instalments of 6 marks
each at three terms specified. m. 7, dorso.
Staff. An assize, etc., if William de Stubbeley the brother of Thomas de
Stubbeley was seised as of fee, etc., of twelve acres of land in Melewys
(Millwich) when he died, which Alana (sic) the widow of William de Stubbeley holds. Alana stated that William did not die seised of the land as of
fee, and that he held it conjointly with her.
And Thomas stated that Alana in her lawful widowhood had enfeoffed
one Petronilla her mother of the lands, and she had been in seisin of them
by this feoffment, and had afterwards enfeoffed the said William of the same
tenements, and he had died seised of them in demesne as of fee. The jury
say that Alana never enfeoffed William as stated, but always retained her
status in the lands. Thomas is therefore in misericordiâ for a false claim.
m. 8.
Staff. An assize, etc., if Hugh de Alditheleye, Benedict de Sutton, and
Alexander de Novo Burgo (Newborough), had unjustly disseised Agnes the
widow of Edmund de Stafford of a messuage, a carucate of land, 8 marks of
rent, half a water-mill, twenty acres of wood, and six acres of meadow in
Norton under Kevermunt. Hugh appeared and answered for all the
defendants, and stated that the tenements formerly belonged to Edmund de
Stafford the husband of Agnes, who had enfeoffed him of them; and Hugh
had afterwards re-enfeoffed the said Edmund, and therefore after the death
of Edmund he had taken the tenements into his hands as capital lord, saving
the rights of others, and he had therefore done no injury to Agnes.
Agnes stated that Hugh by the feoffment in question had enfeoffed her
conjointly with Edmund her husband of the tenements which were to be
held by Edmund and Agnes for their joint lives, and she was in seisin of
them until Hugh and the others had dispossessed her. The jury find in
favour of Agnes. m. 8.
Staff. An assize, etc., if William son of Roger Cotyng, Richard son of
Felicia de Bokenale, Felicia the widow of Simon Cotyn, Robert Brun, Adam de
Onilegh, Thomas de Bokennale, and five others named, had unjustly disseised
Thomas Cotyn of a messuage and a carucate of land and eighteen acres of
heath in Great Madelegh. Richard son of Felicia answered for all the
defendants as tenant, and stated that Simon his father had died seised of the
tenements, and after his death he had entered into them as his son and heir.
Thomas stated he was in seisin of the tenements until dispossessed, and
appealed to a jury. The jury find in favour of the defendants, and Thomas
is in misericordiâ for a false claim. m. 8.
Staff. An assize, etc., if Adam Mauvaslet the father of Richard Mauvaslet was seised in fee, etc., of a messuage and a virgate of land in Herlaweston (Harlaston) when he died, which Richard de Vernun holds, who stated
Richard could have no claim to the tenements because he had released all
his right in them to Gilbert his father, and he produced the deed. Verdict
for Richard de Vernun. m. 8.
Assizes taken at Tamworth in co. Warwick before the same Justices,
on the Monday after the Quindene of St. John the Baptist, 16 E. I.
Warw. An assize, etc., if Felicia de Barre, Robert her son, Richard le
Pledur and Emma his wife had unjustly disseised Peter son of Nicholas atte
heth of common of pasture in Overtone appurtenant to his free tenement in
the same vill, viz., in two acres of waste in which he used to common
throughout the whole year with all manner of cattle.
The defendants appeared, and Richard and Emma answered as tenants,
and stated they entered through Felicia, and Felicia stated she was lady of
the said vill, and had approved the waste of it, according to the Statutes of
Merton and Westminster, and that Peter after the approvement held
sufficient common for his tenement, and free ingress and egress. And Robert
stated he was son of Felicia, and claimed nothing in the said tenements
during the lifetime of his mother. Peter replied he had not sufficient
common of pasture nor free ingress and egress, and appealed to a jury. The
jury find in favour of Felicia de Barre. m. 14.
Assizes taken at Lychesfeld in co. Stafford before the same Justices on
the Monday the Vigil of St. Margaret the Virgin, 16 E. I.
Staff. Urian de St. Pierre and Margaret his wife who brought an assize
of novel disseisin against John Giffard de Chilinton did not appear; they
and their sureties are therefore in misericordiâ.
Staff. An assize, etc., if Philip the son of Robert Noel, Robert son of
Robert de Hastang, junior, and four others named, had unjustly disseised
Hugh de Wyverston of common of pasture in Neubold (fn. 3) appurtenant to his
free tenement in Chebbeseye, viz., of fifty acres of moor and heath. The
defendants appeared, and Robert son of Robert de Hastang answered as tenant
of forty acres. Hugh afterwards withdrew his writ, and he and his sureties,
viz., John de Cresswell and Henry de Wevereston, are in misericordiâ.
Hervey de Wolvernehamton, Robert Boffrei of Penne, and Robert de
Marisco, recognitors, are in misericordiâ. m. 15.
Staff. An assize of last presentation to the Chapel of Tixhale, the
advowson of which Eva de Oswaldestre, the custos of the land and heir of
Henry de Wasteneys, claimed against Geoffrey de Wasteneys. Eva stated a
certain Henry de Wasteneys the ancestor of the heir had presented one
Geoffrey de Wasteneys his Clerk, who had been admitted and instituted.
Geoffrey appeared and prayed that Eva might show the Court by what
right she held the custody of the land, and Eva stated that Henry the father
of the heir held his lands to which the said advowson was appurtenant, of
Nicholas the Baron of Stafford, and that Nicholas died during the reign of
King Henry, leaving his heir within age, and the King had taken possession
of all his lands and tenements by reason of the minority of the heir, and had
given the custody of them and the wardship of the heir to the present King,
who was then Earl of Chester, and the said Henry the father of Geoffrey the
heir died leaving Geoffrey under age, and the present King had taken
possession of all the tenements of the said Henry as custos, because the said
Henry held of the heir of the said barony, who was in ward to him, and the
King had afterwards given the custody of the heir and lands of the said heir
to one Adam de Chetewynde, and the said Adam had afterwards given the
same to her. As Geoffrey could not controvert these facts, a verdict is given
for Eva. m. 15, dorso.
Staff. An assize, etc., if Robert the Abbot of Roucester had unjustly
disseised Geoffrey de Denston of his common of pasture in Northullehay,
appurtenant to his free tenement in Denston. The Abbot took exception to
the form of the writ, stating that there was no vill of Northullehay, it was
only a piece of land, and that the pasture claimed was in Roucester; likewise
that Geoffrey held nothing in the vill from which he could claim common of
pasture except by right of his wife Margaret, who was not named in the
writ.
And he stated further that one Nicholas de Verdun was formerly lord of
the vill, and had remitted and quit-claimed for himself and his tenants to the
predecessor of the said Abbot all his right in the common of pasture, and he
produced the deed of Nicholas, and he stated further that Theobald de
Verdun the heir of Nicholas had enfeoffed the said Geoffrey of the tenement
he holds in the said vill, and for which he claimed common of pasture, long
after the execution of the deed of Nicholas.
Geoffrey replied that notwithstanding the deed in question he had been
in seisin of the common of pasture claimed until dispossessed of it by the
Abbot, but he afterwards withdrew his writ and is in misericordiâ. His fine
is remitted because of his poverty. m. 16.
Staff. An assize, etc., if Roger Bishop of Coventry and Lichfield, Robert
le Megre, John de Engelton, and ten others named, had unjustly disseised
Robert de Somerford of his free tenement in Brewode and Somerford, viz.,
of a piece of land five perches in length and two in width in one place, and in
another place a piece of land one perch in length and ten feet in width.
The Bishop appeared by Ralph de Burgo his Bailiff, who stated that both
pieces of land were in Brewode, and that the Bishop when he was consecrated
found his Church in seisin of them; that the Bishop and his predecessors had a
watermill near the said land, and they had been always used to take earth from
the land in question for the repair of the mill-pool as much as was necessary,
and that no other injury or disseisin had been made. John de Engelton and
the other defendants denied that they had made any disseisin, and stated
they made no claim to the land.
And Robert stated that the watermill in question had fallen down, and
the Bishop had built another in its place on land which belonged to him.
The jury say that Robert had not included in the view of the land made
by them the tenements of which he now pleaded he had been disseised, but
a large piece of heath containing nearly two hundred acres. Robert afterwards withdrew his plea, and is in misericordiâ. m. 16.
Staff. An assize, etc., if Henry Brayn of Drayton, Thomas Peronel of
Stafford, and Magister Ralph de Oxonia, Sub-Dean of Stafford, had unjustly
disseised the Abbot of St. Ebrulph of a piece of land in Merston near Stafford
seventy feet in length and twenty-six feet in width.
Magister Ralph appeared, and one Michael de London appeared and
answered for Henry and Thomas as their bailiff, and stated that Adam de
Filuby formerly Sub-Dean of Stafford had built a house on the land in
question, and that Henry and Thomas are carpenters and fellow workmen
in houses, and were there for a stipend only. Magister Ralph pleaded the
assize would not lie, because the place was a cemetery and dedicated, and he
prayed for judgment on this point, and he stated further that at the time
he was instituted in his prebend in the Church of Stafford, to which prebend
the chapel of the said Church of Merston is appurtenant, he found the prebend
seised of the tenement.
The Abbot appeared by his attorney, and stated the place was not dedicated
as a cemetery, and that he was capital lord of the said vill of Merston, and that
the land was his waste and free tenement. The jury found that the tenement
was appurtenant to the chapel of Merston, and the chapel was appurtenant to
the prebend of the said Magister Ralph, and that the Abbot held nothing in
it except his chace (chacea, i.e., right of way) for his cattle, ploughs, and carts.
The Abbot is therefore in misericordiâ for a false claim. m. 16.
Staff. An assize, etc., if Adam son of Lucas uncle of William son of
Henry Lucas of Aston, was seised as of fee when he died, of ten messuages
and two virgates of land in Aston in the Hales, and which William de Mere
holds, who appeared and took exception to the writ, because at the time it
was sued out, viz., 21st October, 15 E. I., Hugh de Beumeys and Isolda
his wife held a third part of the tenement; and William son of Henry
denied this and appealed to a jury, and John de Whytemore, Henry de
Wyvereston, Thomas de Offeley, Adam de Boures, Hugh de Shaledon, Hamon
de Adbaston, Thomas de Whytinton, John de Charnes, and Robert le Heyr
of Podemor, who were recognitors, never appeared, and are therefore in
misericordiâ. The jury say that Hugh and Isolda held a third part of the
tenement at the date of the writ, and the suit is dismissed. m. 16.
Staff. An assize, etc., if William de Derlaston, Thomas his son, and nine
others named, had unjustly disseised John de Herevyle (Heronville) of two
acres of land in Wadnesbury (Wednesbury). The defendants pleaded the
land was in Derlaston and not in Wednesbury, and the jury found in their
favour. Thomas de Ferers, Richard Sprygonel, Richard Brud of Pateshull,
Richard Gerveys of Wolvernehampton, Nicholas de Monte of Penne, Thomas
son of the Forester of Derlaston, Nicholas de Bedenhale, and Henry Andrew,
recognitors, never appeared, and are in misericordiâ. m. 16, dorso.
Staff. An assize, etc., if John Paynel and Margaret his wife had unjustly
disseised Florence the wife of William Tromwyne le Chevachur (fn. 4) (The Rider)
of a messuage and half a carucate and half a virgate of land, twenty-four
acres of waste, fourteen acres of pasture, three acres of wood, and 28d. of
rent in Walesale. John and Margaret appeared by the said John, bailiff for
Margaret, and pleaded that Walesale was of the ancient demesne of the Crown,
where no writ was current but the small close writ. William and Florence
stated that the said Margaret the mother of Florence. (Sentence left incomplete.)
William and Florence afterwards withdrew their writ. m. 16, dorso.
Staff. Geoffrey the Palmer of Luchefeld (Lichfield) acknowledged in
court before the Justices a deed in these words, viz.: Sciant, etc., ego Galfridus
Palmerius de Luchefeud remisi, etc., Johanni Finch de Luchfeld et heredibus
suis, etc., jus meum, etc., in viginti tribus acris terrœ in territorio Luchfeldiœ,
et in unâ placeâ prati jacente juxta parcum ipsius Johannis in prato de
Wyliford, et totum jus, etc., in duabus acris in le Knol quœ quidem terra
quondam fuit Alibonœ amitœ suœ, etc. m. 16, dorso.
Assizes taken at Newport in co. Salop, before the same Justices, on the
morrow of St. James the Apostle, 16 E. I.
Salop. An assize, etc., if Theobald de Verdoun, Magister Richard de
Puylesdon and Agnes his wife, and Richard son of Magister Richard had
unjustly disseised Henry de Shavynton of common of pasture in Morton-Say
appurtenant to his free tenement in Shavynton.
The defendants answered by Thomas Meverel their Bailiff, and stated
that there was no common of pasture in Morton-Say, because the vill was of
different fees and of different baronies; and Henry stated that one Walter de
Say formerly lord of Morton-Say gave to him, Henry lord of Shavynton, and
to his heirs, and to all his men of Shavynton, and to all the free men of the
same vill, viz., to Peter the Clerk, and Philip le Grant, and to all their tenants,
common of pasture in his wood of Morton-Say for 15s., and he produced the
deed, and he was ready to prove that he had been seised of the common of
pasture claimed for more than forty years.
Magister Richard and Agnes stated they entered by Theobald de Verdoun,
who had enfeoffed them in the tenements they occupied, and that Theobald
was lord of the wood and had approved it according to the Statute of Merton.
Henry stated he could not do that, because long before the promulgation
of the Statute, Walter de Say had enfeoffed his tenants of the common of
pasture, but he eventually withdrew his plea. m. 18, dorso.
Salop. An assize, etc., if Roger son of Jordan de Pyvelesdon and Alice
his wife, Richard son of Jordan and Adam de Legh, had unjustly disseised
Roger the son of Magister Thomas de Pyvelesdon of fifty acres of waste in
Pyvelesdon. Roger son of Jordan answered for all the defendants, and
stated that Roger the plaintiff never was seised of the tenement in question.
And Roger son of Magister Thomas stated that one John de Chetewynge
formerly lord of the vill had enfeoffed the ancestors of Roger son of Jordan
and others of certain tenements of his demesne by bovates and acres, (fn. 5) and
that the tenement in question was part of the waste of the vill, which the
said John had retained in his own hands, and he had afterwards enfeoffed
one Robert de Dodington in the same demesne, and Robert had enfeoffed
Magister Thomas, his father. Roger son of Jordan stated that Magister
Thomas never was in seisin of the tenement, and appealed to a jury. Roger
son of Thomas afterwards withdrew his plea, and an agreement was made
by which Roger son of Jordan granted to the plaintiff one-third of all the
waste of the said vill to be held by him and the heirs of his body, of the said
Roger son of Jordan and his heirs for ever, so that whenever the said
Roger son of Jordan or his heirs wished to approve any part of the waste
of the vill, the said Roger son of Thomas and the heirs of his body might
approve likewise to the extent of a third part of the approvement. m. 19.
Assizes taken at Fortone in co. Stafford before the same Justices on
the Friday after the Exaltation of the Holy Cross, 16 E. I.
Staff. An assize, etc., if the Abbot of Hulton had unjustly disseised
Henry de Staunford of provender for a horse to be supplied daily at the
Abbey. The Abbot denied the disseisin, and stated that Henry could have
had the provender if he wished, and the jury found in his favour. m. 22.
Staff. An assize, etc., if William Justice of Melewych, the father of
William son of William Justice of Melewych, was seised as of fee, etc., of ten
acres of land, and half a messuage, and of an acre of meadow, etc., in
Melewych (Millwich), which Henry son of William holds. A concord was
made by which William son of William acknowledged the tenement to be
the right of Henry, and for which Henry entered into a bond to pay William
20s., by instalments of 5s. m. 22, dorso.
Staff. Gerard Coterel who brought an assize of novel disseisin against
the Abbot of St. Rheims and others respecting a tenement in Great Aston,
withdrew his plea. m. 23.
Staff. Mary the widow of Magister Laurence le Keu of Kotene, who
brought an assize of novel disseisin against Magister Henry le Keu of
Hambiry respecting a tenement in Hambiry, withdrew her plea. m. 23.
Staff. An assize, etc., if William Sheld of Stafford, the brother of Alice
wife of William de Chatculne and brother of Edelina the wife of Roger de
Neuport, was seised as of fee when he died of six messuages and a bovate of
land, and of half a virgate, and an acre of land in Stafford, Forebrugge,
Burton, Foreyate, and Tillinton, of which William de Fulford, Clerk, holds
five messuages, a bovate of land, and half a virgate, and Henry son of
William Sheld holds a messuage and half an acre. The defendants appeared,
and William pleaded that four of the messuages were in Stafford, where a
writ of mort d'ancestor would not lie; and as regards the other tenements,
he stated William did not die seised of them, because long before his death
he had enfeoffed him of them, and he produced a deed to that effect. Henry
the other defendant made the same pleas. William de Chatculne and the
other plaintiffs stated that writs of mort d'ancestor would run in Stafford of
tenements in the said vill; and as regards the deed produced by William de
Fulford in the name of William the brother of the said Alice and Edelina,
they stated that notwithstanding such deed, William their brother had died
seised of the tenements in question, and that Alice and Edelina are his
nearest heirs, and they appealed to a jury. The trial was adjourned to
Stafford for the Wednesday after the Epiphany through defect of a jury.
m. 23.
Coram Rege Roll, Easter, 16 E. I.
Staff. William Putrel was attached to answer the plea of Thomas de
Waterfall that he had abducted Margaret the wife of the said Thomas vi et
armis, with goods and chattels belonging to him, on the Friday before the
Feast of St. Margaret in the fifteenth year of the King's reign, and he
claimed £20 as damages. William appeared and denied the trespass, and
appealed to a jury. The Sheriff is commanded to summon a jury at the
Quindene of Michaelmas, nisi Justiciarii prius, etc. m. 2.
Staff. An assize of last presentation to the Church of Blithefeld was
taken before R. de Legh and Hugh de Cave at Tuttebyri on the Saturday
before the Feast of St. Margaret, 15 E. I., the advowson of which the King
claimed by reason of the wardship of the lands and heir of Robert de Ferrars,
and of which advowson Richard de Blythfeld had deforced the King. And
Richard de Colleshull, who sued for the King, stated that Robert de Ferrars,
formerly Earl of Derby, had last presented in the reign of Henry the King's
father one Magister Henry Lovel, who had been admitted, instituted, and
had died the last parson of the Church.
Richard de Blythefeld appeared and stated that the presentation belonged
to him, and that all his ancestors from time out of memory had always
presented to the Church, and that James his father (whose heir he is), had
presented one Hugh le Bret, who had been admitted and instituted on his
presentation, and after the death of James his father, he (Richard) was
under age, and in ward to Margaret de Ferrars formerly Countess of Derby,
the mother of the said Earl, and the Countess had sold his wardship and
marriage to one Roger de Verney saving the advowson of the said Church;
and the Countess, whilst he was under age, had presented to the Church;
and whether the said Magister Henry had been presented by the Countess or
by the said Richard (sic, but should be Robert), it was done with the consent of
the Countess, and on account of his minority, and he appealed on this to a
jury.
The jury stated that James the father of Richard de Blythefeld had
presented one Hugh le Bret as true patron, and he had been admitted and
instituted, and he had in process of time resigned the Church, and on his
resignation James had presented a certain unfit person (quandem inabilem)
to the Church, on account of which the Archdeacon of Stafford, at that time
custos of the spiritualities of the see during a vacancy, after the lapse of six
months had given the Church to one Robert de Foston his Chaplain, and
during his time James had died, and the Countess took possession of his land
and heir, and she sold the marriage of the heir to one Roger de Verney, but
retained the advowson in her own hands. On the death of Robert de Foston
the Countess presented one Robert de Hegham, and Thomas de Ferrars the
uncle of the said Earl (whose heir he was) presented to the same Church one
Roger Tok, so that a contention arose between them; and the Bishop by
lapse of time conveyed the Church to one Magister Ralph Sprigunel, and
after his death the Countess again presented to the Church for a second time
Robert de Hegham, and the said Earl presented Magister Henry (Lovel) to
it, who was admitted and instituted on his presentation, and had died the
last parson of the Church; but they say that the Countess consented to the
presentation and the Earl had no right of presentation. And they say also
that all these things were done whilst Richard was under age and in ward to
the Countess. A day was given to the parties to hear judgment at a month
from Michaelmas before the King or his counsel, and which was adjourned
to this term, when a verdict was given in favour of Richard de Blythefeld.
m. 28, dorso.
Staff. Moyses de Wantham of Wolvrenhamton acknowledged he owed to
Magister Andrew de Geneve £50 for arrears of the farm of the Deanery of
Wolvrenhampton and the Prebend of Edward de Camilla, Canon of the said
Church. m. 21, dorso.
Coram Rege Roll, Michaelmas, 16 E. I.
Staff. A convention was made between the Prior of Lappele and Elena
the widow of Walter de Rydeware-Hamstal, by which the Prior conceded to
Elena the custody of the lands of Thomas son and heir of the said Walter
(sex annorum existentis) (fn. 6) until the lawful age of the said heir, saving however to the Prior and his successors the advowson of the Church of
Rydeware when it should be vacant, and saving to the same the dowers of
Rydeware if they should fall in (dotibus de Rydeware si acciderint), (fn. 7) and
saving to Ralph de Burgo his term of five years from the Feast of All Saints,
16 E. I., so that the said Ralph nevertheless shall attorn himself to the said
Elena; and for this Elena agreed to pay the Prior and his successors 5½ marks
annually, and to John de Cave clerk, for the said Prior each year 20s. till the
full age of the said Thomas son of Walter, and for this she found the
following sureties, viz., William de Arderne of cos. Oxon., Hertford, and
London; Walter de Vere of co. Derby, Walter Parson of the Church of
Wolwardington, Diocese of Worcester, who came and conceded that unless
Elena paid the said money to the Prior and to John each year, they would
pay it, and if they did not, that the Sheriff might levy it from their lands
and chattels. Ralph de Burgo afterwards appeared and acknowledged he
only claimed a term in the said lands, rendering yearly 10 marks. m. 15.
Banco Roll, Michaelmas, 16–17 E. I.
Staff. Reginald son of John Chavernes (Charnes) sued Roger de
Bourhton (Broughton) and Juliana his wife for four messuages, a carucate of
land, and twenty acres of wood in Bourhton (Broughton), of which Reginald
de Chavernes his grandfather (whose heir he is) had been seised, etc., in the
time of King Henry the King's father, and from him the right descended to
one Richard as son and heir, and from Richard the right descended to one
Reginald as son and heir, and from the said Reginald, who died without
leaving issue, the right fell to one John, as uncle and heir, the brother of the
said Richard, and from the said John the right descended to one Henry as
son and heir, and from Henry to William as brother and heir, and from
William to Thomas as brother and heir, and from Thomas to one Philip as
brother and heir, and from Philip to Reginald, who now sues as brother and
heir. Roger and Juliana appeared and prayed a view. Adjourned to the
Quindene of Hillary. m. 68.
Staff. Roger son of Stephen de Swynemerton (Swynnerton) gives 40s.
for license of concord with Roger de Pyulesdon and Joan his wife in a plea
of convention, and they have a chirograph. (fn. 8) m. 75.
Warw. Richard de Loges sued William de Wulveye for nine acres of
land in Sowe, of which Muriel his ancestress had been seised as of fee, etc., in
the reign of Henry the King's father, and from Muriel the right descended
to Hugh as son and heir, and from Hugh who died without leaving issue, to
Richard, who now sues as brother and heir.
William stated that Hugh de Loges had conveyed the land to him, and
produced the deed. Richard admitted the deed, but denied that Hugh could
exclude him as his heir. William pleaded the deed was made before the
statute, for Hugh had died before the statute was passed. (fn. 9) (No verdict.) m. 81.
Staff. and Derb. Roger de Bradeburne sued Hugh de Vyenna, the custos
of the person and lands of Robert son and heir of Roger de Tok, in a plea that
he should warrant to him the third of a messuage and four bovates of land
in Bradeburne in co. Derby which Joan the widow of Roger de Tok claimed
as dower, and he did not appear. The Sheriff is therefore commanded to
take land of the heir in the hands of Hugh to the value of the dower claimed
into the King's hands, and summon him again for the Quindene of Hillary,
etc. m. 86.
Staff. Matilda the widow of John le Cuntur (fn. 10) of Colton sued John
Griffyn for a messuage in Colton, by writ of entry; and John called to
warranty John son of John le Cuntur. To be summoned for the Quindene
of Easter. m. 104.
Derb. William Trumwyn and Alecia his wife were summoned to answer
a plea of John le Vavasur that they caused waste and destruction in woods
which they hold of the dower of Alecia and of the inheritance of John in
Steneteley. The defendants denied the waste, and the Sheriff was ordered to
go in person and take an inquisition upon oath and return the same at the
Quindene of Easter. m. 131.
Staff. John Gyffard of Chylington was summoned by John de Northale
in a plea that he had illegally taken his chattels, viz., two oxen, belonging to
him in a certain place in Chylington called Brokrudynk on the Wednesday
before Christmas Day, 15 E. I., and had detained them in his park at Chylington until delivered by the King's precept, and for which he claimed half
a mark as damages. John Gyffard appeared and stated that John de
Northale held of him half a virgate of land in Chylington by the service of
4s. annually, and because the said service was in arrear, he had taken the
oxen.
John de Northale stated he held the land by the service of 28d. annually
and a pig at the Feast of St. Martin, for all services excepting reasonable aid
to make his eldest son a Knight and for marrying his eldest daughter, and
he appealed to a jury. The Sheriff is ordered to summon a jury for three
weeks from Easter. m. 141.
Staff. Margaret the widow of John son of Hugh de Colton sued William
de Colton the Chaplain for a third of an acre and a half of land in Colton,
and two other tenants in the same vill for a third of their respective tenements
as her dower. None of the defendants appeared, and the Sheriff is ordered
to take the dower claimed into the King's hands and summon them for the
morrow of the Purification. m. 148.
Staff. Warine de Penne sued Robert de Haggeleye for two acres of land
in Penne in which he had no entry except by William Waryn his father, who
had demised them to him for a term now expired. Robert stated that
William Waryn had demised the land to him in fee, and appealed to a jury.
The Sheriff is ordered to summon a jury for five weeks from Easter, nisi
prius, etc. m. 182.
Staff. Roger de Burghton (Broughton) gives half a mark for license of
concord with William son of Nicholas de Sugenhill (Sugnall) and Dorea his
wife, etc. (fn. 11) m. 170, dorso.
Staff. Richard Mauvallet appeared against Richard de Vernun in a plea
that he should carry out the terms of a convention made between him and
Gilbert le Fraunceys the father of the said Richard de Vernun, whose heir
he is, respecting a toft and forty acres of land in Horlaveston (Harlaston).
Richard did not appear, and the Sheriff is ordered to distrain and produce
him at a month from Easter. m. 148, dorso.
Staff. Petronilla the widow of Richard de Morton sued Robert son of
John de Grendon for a messuage and a carucate and a half of land and 40s.
rent in Melewyche (Millwich) as her right, by writ of entry. Robert prayed
a view. Adjourned to three weeks from Easter. m. 127, dorso.
Staff. Richard Attewelle was attached to answer the plea of Theobald de
Neyvill that he had maliciously killed a hawk of the value of 100s. at Strethay
on the vigil of St. Nicholas, 16 E. I. Richard appeared and denied the injury,
and appealed to a jury; and the Sheriff was ordered to summon a jury for
Easter Term, nisi prius. A postscript states that a jury came by consent
of the parties before R. de Legh and H. de Cave at Stafford on the Wednesday
after the Epiphany, 17 E. I., and stated that the said Theobald had flown his
hawk at a certain ardea, and that the hawk leaving the ardea, fastened itself
(ligavit se) on a goose of the said Richard in his curtilage, and his wife perceiving it called out (hoc percipiens exclamacit), and Richard ran from his
grange where he was threshing and struck the hawk with his flail and broke
its wing and leg, and the jury being asked if he knew that it was a trained
bird (avis gentilis), say they think he was ignorant of it until he had broken
the bird's wing, because it had no bell (eo quod nullam habuit campanellam,
nisi tantummodo gestias). And the said Theobald and Richard now came.
(Here the record stops.)
Staff. William de Worcester and Emma his wife appeared in a plea against
Nicholas de Audelee that he should warrant to them a messuage, a mill, and
a carucate of land, and 6 marks of rent in Bere-Sardon which Robert de
Staundon claimed against them. Nicholas did not appear, and the Sheriff was
ordered to take land belonging to him to the value of the land in dispute
into the King's hands, and to summon him for the Quindene of Easter.
m. 97, dorso.
Staff. Elizabeth the widow of John Husee of Albrighton sued Bartholomew de Burgo for a third of a rent of 24s. in Couleye as her dower; and he
did not appear, and the dower claimed had been taken into the King's hands.
It is therefore considered. (Here the record stops.) m. 73, dorso.
Staff. Matilda the widow of William de Arderne is in misericordiâ for a
false claim against Peter de Arderne. m. 23, dorso.
Staff. Joan the widow of Thomas de Waleford sued Robert Corbet for
a third of eight acres of moorland in Radewode as her dower. Robert admits
the claim. m. 25, dorso.