Staffordshire Assize Roll, 21 E. I.
Headed, "Pleas 'de juratis et assisis' before John de Berewik, Thomas
de Normanville, William de Bereford, John de Lichegrevus,
and Hugh de Cave, Justices Itinerant in co. Stafford, on the
Morrow of the Epiphany, 21 E. I." [7th January, 1293].
Walter de Heliun produced letters patent stating that Edmund the
King's brother having gone abroad in the King's service, had appointed him
and Hugh de Vyenna his attorneys, dated from Stebenheth (Stepney), 9th
April 20 E. I. Walter de Heliun puts in his place William Wyther or
Richard de St. Alban. m. 1.
Richard de Loges sued William de la More for the manor of Great
Wyrlegh, excepting three messuages and a virgate of land, and an acre and a
rood of meadow. And William defended his right to it, and put himself on
a great assize. And Geoffrey de Greselegh, William Wyther, Roger de
Swynnerton, and John de Herunville, four knights summoned to elect a
jury, came and elected the following, viz., Nicholas de Audelegh, William de
Oddygeseles, Simon Basset of Sapecote, Ralph le Botiler, Hugh de Audelegh,
William de Stafford, Ralph Basset of Sapecote, Henry de Cressewelle,
Geoffrey de Gresselegh, William Wyther, John de Herunville, Richard de
Draycote, Thomas Corbet, Robert de Dutton, Henry de Kniveton, and
Walter. . . A day was given to the parties at the Festival of St. Hillary.
A postscript adds that on that day Richard appeared, and William being
solemnly called on the said day, Tuesday, and on the Wednesday, did not
appear, and the land was taken into the King's hands, and another day given
to the parties on the following Saturday, on which day William again made
default, and Richard recovered seisin. (fn. 1) m. 1.
William Poleyn produced letters patent appointing him and another
attorneys for Geoffrey de Caunvill, who was abroad in the King's service.
m. 1.
John Hamelyn and Matilda his wife withdraw their suit against Peter de
Arderne and John his son, respecting a tenement in Elleford. m. 1.
An assize, etc., if William de Odingsele, Walter de Wynterton, and Ralph
son of Simon de Thickebrome, had unjustly disseised Matilda, formerly wife
of Richard de Thickebrome, of a messuage and thirty-three acres of land,
three acres of heath, and six acres of meadow in Thickebrome. William
stated that Simon son of Richard held the tenement of him by military
service, and he had died seised of it, and after his death he had taken
possession, saving the rights of others; and Walter said he had only acted in
the matter as bailiff of William; and Ralph stated that the said Simon son
of Richard was his father, and he had died seised of the tenement, and after
his death he had entered as his son and heir.
Matilda stated she had been enfeoffed in the tenement jointly with
Richard her husband, and had held it after his death until disseised by the
defendants; and Ralph stated that Richard her husband was his grandfather
and had died seised of the tenements, and after him Simon his father had
died seised of them, and on his death he had entered as his son and heir.
The jury say one William de Wyrle had impleaded in Banco Richard
formerly husband of Matilda for the tenements, and had recovered them by
default of Richard, and he had afterwards enfeoffed Richard and Matilda of
them conjointly, and they had held them until disseised by William and the
other defendants. Verdict for Matilda: damages 10s. m. 1.
An assize, etc., if John de Heranvill and Nicholas de Peronde had
unjustly disseised William de Derlaston of common of pasture in ten acres of
heath and forty acres of arable land in Wednesbiri appurtenant to his free
tenement in Derlaston. John denied William had any right to common,
because Wednesbiri was of the ancient demesne of the Crown, and Derlaston
was of the fee of Duddele.
The jury say that John was not sole tenant of the land in dispute
because Henry son of William held a part of it, and Hugh de Grete another
part, and that William besides had no right of common. Verdict for John
de Heronville. m. 1, dorso.
Richard son of Adam de Welaston not appearing to prosecute his suit
versus John Bagot of Braynton (Brinton), respecting a tenement in Little
Onne, it is dismissed. His sureties, William de Welaston and Geoffrey de
Welaston, are in misericordiâ. m. 1, dorso.
Alan son of Alan de Glaseley gives half a mark for license of concord
with Alan de Glaseleye and Katrine his wife. m. 2.
Jordan de Flotesbrok not appearing to prosecute his suit against Ralph le
Botiler and Matilda his wife respecting tenements in Northbiri (Norbury)
and Nethereoldeton (Oulton), it is dismissed. m. 2.
Staff., North. Philip de Monte Gomeri acknowledged he owed John de
Cave 10 marks, and found the following sureties for it: Geoffrey de Greseley,
Richard de Draycote, William de Wrodesley (Wrottesley), John de Perton,
Thomas de la Hyde, Henry de Prestewode, Peter de Colecestre, and Nicholas
de Byrinton. m. 2, dorso.
Juliana de Colton who brought a writ de libertate suâ probandâ against
Henry son of Hugh de Colton, did not appear to prosecute it, and her
sureties are in misericordiâ, viz., John de Colton and John Deyns; and
Henry is informed he could sue her in the county court if he pleased, and if
the said Juliana brought her writ against him in the same court, it was not
to be heard. m. 2, dorso.
Elizabeth the widow of Roger de Waleton sued Roger de Waleton and
Margaret his wife, and Roger de Aston, for a third of a messuage, a carucate
of land, 10 marks and 5s. of rent in Waleton near Stone as her dower. The
defendants conceded the dower claimed. m. 3.
Elizabeth the widow of Roger de Waleton sued Roger de Pywelesdon and
Joan his wife for a third of a messuage and a carucate of land and a mill in
Waleton near Stone; and she sued the Prior of Stone for a third of forty
acres of land in the same vill as her dower. Roger and Joan state that
Roger de Waleton was never in seisin of the land from which dower was
claimed when he married Elizabeth, nor afterwards, and she withdrew her writ
against them, but recovered dower in the forty acres held by the Prior. m. 3.
Richard son of Hervey de Stretton sued Richard son of Richard de
Stretton for a messuage, ten acres of land, and ten acres of wood in Stretton,
of which Richard de Stretton his grandfather (whose heir he is) was seised
as of fee when he died. Richard son of Richard denied that Richard the
grandfather of Hervey was seised of the land when he died, for long before
his death he had enfeoffed him of the tenements, and had put him into seisin
of them, and he appealed to a jury.
The jury say that Richard the father by his deed gave the tenements to
Richard his son, and put him into seisin of them, but he had re-entered after
eight days; and the jury being asked if during those eight days the said
Richard son of Richard had taken the produce of the tenement or had dealt
with them (manuoperabatur), said he had not, and that the servants and the
goods and chattels of Richard the father remained all the time within the
tenements, and the servants disposed of them for the use of their lord; and
being asked if Richard the father re-entered with the assent of Richard his
son, the jury say he did; and that Richard the father conducted himself for
the whole time he was staying in the tenement as the lord of it; and being
asked for how long Richard the father stayed in the tenements after he had
re-entered, they said fifteen days. And Richard his son had removed his
father, who was infirm, and against his will, from the tenements, the father
himself objecting (ipso Ricardo patre reclamante); and Richard the father
died three days afterwards; and being asked if Richard the son had taken
any produce within those three days, the jury said he had not, nor had dealt
in any other way with the tenements, but that the servants of Richard the
father and his goods and chattels remained there, and the executors of the
will of Richard the father administered and disposed of the goods and
chattels after the death of Richard, and they say therefore that Richard the
father died seised of the tenements. Richard son of Hervey is therefore to
recover seisin, and his damages are taxed at £20. m. 3, dorso.
An assize, etc., if Richard de Draycote of Tene had unjustly disseised
Robert le Venur of his food and clothing, to which he was entitled under
the provisions of a deed made by the said Richard in 7 E. I., and which he
produced, and which showed that Richard had granted to him certain food and
clothing specified for his life, and a messuage and two acres to Alice wife of
Robert, for which concession Robert had released to the said Richard and to
Lettice his wife all the lands and tenements he held in Thene. Richard
admitted the deed and stated he was ready to carry out its provisions, but
Robert had left his service and was living with his wife, and he claimed the
sustenance and clothing whilst he lived with his wife, which was against the
tenor of the deed. The jury find in favour of Robert: damages 100s. A
postscript adds that Richard gave half a mark to have a jury of twenty-four
to convict the first jury, but never appeared to prosecute the suit. He is
therefore in misericordiâ. m. 3, dorso.
An assize, etc., if Steyntha de Barra the mother of John son of Ralph de
Pyrylee (Perry) was seised when she died of a messuage and three acres of
land in Little Barre, of which John son of Robert de Wyleye holds two parts
of the messuage and land, and Adam de Acton and Milisent his wife hold
the rest. The jury say Steyntha did not die seised of the land, and John son
of Ralph is therefore in misericordiâ for a false claim. m. 4.
An assize, etc., if Ralph le Bret the uncle of Geoffrey son of Stephen le
Bret was seised when he died of a messuage and a carucate of land, one and
a half acre of meadow, and twenty acres of wood in Chasterton (Chesterton),
near Newcastle-under-Lyme, and which John le Bret holds, who stated that
Ralph did not die seised of the tenement, for long before his death he had
enfeoffed him by a deed which he produced. Verdict for John. m. 4.
Walter de Hopton acknowledged he owed 10 marks to John Giffard of
Chylynton. m. 4.
An assize, etc., if Geoffrey son of William Basset father of Thomas Basset
was seised when he died of a messuage, half a virgate of land, and an acre of
meadow in Bollinhull, which William son of James de Tonestal (Tunstall)
and Juliana his wife hold. The jury say that William and Juliana only hold
at the will of Anketell de Lisle, and Thomas is therefore in misericordiâ for a
false claim. m. 4, dorso.
Otvel Porcel sued Robert le Champion for six acres of pasture in
Esenyngton (Essington), of which Ralph Porcel his kinsmen, whose heir he
is, had been seised as of fee when he died. Robert took exception to the
writ because when Ralph died the pasture was all wood. A concord was
afterwards made by which Otuel remitted his claim for 20s. m. 4, dorso.
Richard son of William de Holdich sued Roger de Bydulf for ten acres
of land in Nether Bydulf, of which Henry de Holdich his great grandfather
(whose heir he is) had been seised as of fee when he died, in the reign of
King Henry the father of the present King, and from Henry the right
descended to Robert as his son and heir, and from Robert to William as son
and heir, and from William to Richard, who now sues as son and heir.
Roger stated that Robert the son of Henry the great grandfather had
conveyed the tenement to Roger his grandfather, and he produced Robert's
deed to that effect. Richard acknowledged the deed of his grandfather, but
stated he was under age when it was executed, but afterwards withdrew his
writ. m. 5.
John Archbishop of Dublin sued Hugh le Blund for two carucates of
land, excepting sixty-five acres of meadow, in Penkrych, which he claimed as
the right of his Church of Dublin, and to hold of the King in capite; and he
stated that Henry le Blund his predecessor was seised of it in the reign of
King John, in right of his Church of St. Patrick of Dublin. Hugh took
exception to the writ because it spoke of the Church of Dublin, and the
Archbishop in his pleadings (in narratione suâ) called it the Church of St.
Patrick of Dublin. The Bishop's attorney admitted the writ was defective,
and the suit was dismissed. m. 5.
An assize, etc., if Philip Burnel, John Paynel and Margaret his wife, and
Thomas son of Margaret, had unjustly disseised Nicholas le Archer and Alice
his wife of the free tenement of Alice in Waleshale, viz., of half the manor of
Waleshale.
Philip appeared by William Hillary his attorney, and denied having
inflicted any injury to the plaintiffs; and Margaret stated she had entered
by Philip and not by a disseisin, and that the tenements formerly belonged
to her as of her inheritance, and that there had been an arrangement between
her and the Lord Ralph Basset, by which the brother of Ralph should have
married the said Alice her daughter, and she was to have given to them
half of the manor, and the arrangement had gone so far that she had
enfeoffed Alice of the tenements, but had not put her into seisin of them, and
she appealed to a jury, which found in her favour. m. 5.
An assize, etc., if John son of Robert de Wyvestone and brother of
Margaret the wife of Simon son of John de Eccelwall, was seised as of fee
when he died of fifteen acres in Whytegreve, of which John de Crassewelle
held nine acres, Richard Chapman of Whytegreve one acre, Nicholas de
Barneville two acres, Thomas Gerbod of Stafford half an acre, Richard de
Cotes one acre, John de Baldok one acre, and Adam de la Grene half an acre.
The defendants pleaded that Whytegreve was of the ancient demesne of the
King, where the close writ of right only would run, and appealed to a jury,
which found in their favour. m. 5.
An assize, etc., if Philip de Monte Gomeri, John de la Burne, and Roger
de Monte Gomeri had unjustly disseised Thomas Corbet of Tasseleye of
eleven acres of land in Kynges Brumeley.
Philip appeared and stated the land was within the King's Forest of
Canok, and Robert had obtained it by an encroachment. Thomas stated
that Roger his father had held the land for more than thirty years, and he
had entered as his son and heir, and had held it for more than sixteen years,
until disseised by Philip and the others, and he appealed to a jury.
The jury say that King Henry, senior (Henry I.), was chasing in the
Forest of Canok, and passing through the vill of Kynges Brumley he breakfasted (gentaculavit) with a certain tenant, the ancestor of the said Thomas,
and the tenant prayed the King to give him a piece of land in his "Haye"
adjoining his tenement, and the King gave him a certain piece estimated at
eight acres, and which the tenant enclosed, and his issue, the ancestors of the
said Thomas, and Thomas himself, always held the land until four years ago,
when Philip and the other defendants pulled down the fence and carried
it to the house of the said Philip; and they say the rest of the land is within
the fee of Kynges Brumeley and outside the Haye of the King, and the
ancestors of the said Thomas had held it from time out of memory. It is
therefore considered that Thomas should recover seisin, and 20s. as damages.
m. 5, dorso.
An assize, etc., if Adam de Wolaston the father of Richard son of Adam
was seised as of fee when he died of a messuage and twenty-two acres of
land in Little Onne, which John Bagot of Brinton holds. John pleaded
that six acres of the land was of the ancient demesne of the King, where
no writ would run but the close writ of right; and he stated besides he
did not hold all the land, and that his brother William held half an acre at
the date the writ was sued out, viz., on the 12th January of this year. Richard
withdrew his writ. m. 5, dorso.
Robert de Bek sued the Prior of St. Thomas near Stafford for a messuage
and carucate of land in Hopton near Stafford, of which Robert his grandfather (whose heir he is), was seised as of fee when he died. The Prior
stated that Robert did not die seised of the land, because long before his
death he had enfeoffed one William de Bek of it, and the jury find in his
favour. m. 5, dorso.
Hervey son of Roger de Gaywode sued Matilda the widow of Robert de
Gaywode for six acres of land and one-third of a messuage in Bromshulf
(Bramshall), and he sued Roger son of Robert de Gaywode for eight acres in
the same vill, of which Adam de Gaywode the grandfather of Hervey (whose
heir he is) was seised as of fee when he died. Matilda called Roger to
warranty, who stated that Roger the father of Hervey had remitted and
quitclaimed to Robert his father all his right, etc., in the land, and he
produced his deed. Verdict for the defendants. m. 5, dorso.
Idonia the widow of William Tenerey of Congrave was sued by John
Tenerey the Canon of the Church of St. Michall of Pencrich for 18 marks,
arrears of an annual rent of 26s. owing to him. A concord was made by
which Idonia acknowledged 40s. of arrears. m. 5, dorso.
Richard son of Symon Cotyn, who is said to be of full age, sued William
Cotyn for eight acres of land and an acre of pasture in Great Madeleye
under Lyme, which he (Richard) had demised to him whilst under age.
William stated that the tenements formerly belonged to Simon his uncle,
who died seised of them, and he had entered as his heir.
The jury say that Simon the uncle had a certain concubine by whom he
had issue Richard, the plaintiff, who was born before the said concubine had
recovered (sic) Simon by a judgment of the Church as her husband
(antequam ipsum Simonem per judicium Ecclesiæ recuperasset ut virum suum),
and because the said Simon was unwilling that Richard the bastard born
before his concubine had deraigned him in this way against his will should
have his inheritance, when he fell ill he enjoined the sons of his brother,
viz., William, who now holds the land, and Thomas his brother, to enter the
tenement as his heirs immediately after his death, and take possession of it.
They entered into possession and held the tenement for three weeks, until
the Baron of Stafford the capital lord died, when the King's eschaetor took
it into his hands, and Richard then bribed one Robert Brun the sub-eschaetor
for a sum of 100s. to give him seisin of the land, and to eject William and
Thomas; and William then sued Richard for the land; and Richard perceiving
that he had a right to it, compromised with him and gave him half of it,
for which William remitted his claim to the other half. And the jury being
asked if Richard was of full age, said he was. m. 5, dorso.
Geoffrey son of Geoffrey Griffyn sued William the Provost of Clayton for
a messuage, and eighteen acres of land in Clayton Griffyn, to which he had
no entry except by Geoffrey Griffyn the cousin of Geoffrey, and whose heir he
is, who had demised it to him for a term now expired. William stated he
entered by his mother Alice and not by Geoffrey, and the jury find in his
favour. m. 5, dorso.
An assize, etc., if William le Chaumberleyn, the father of Robert, was
seised, etc., of a messuage and one hundred acres of land, and 13s. of rent in
Marchynton near Nedewode when he died, and which Thomas le Chaumberlyn
and Avice his wife hold. Thomas and Avice stated that William long before
his death had given them the land and put them into seisin of it, and
afterwards in 4 E. I. had levied a fine by which he had acknowledged the
right of the said Thomas and Avice, and he produced the fine. Robert
stated that notwithstanding the fine, William had never parted with the
tenements and had died seised of them, and appealed to a jury. The jury
find in favour of Thomas. m. 6.
The Abbot of St. Ebrulph sued the Abbot of Byldewas for a carucate of
land in Great Onne, in which the Abbot of Byldewas had no right except
by a disseisin which Nicholas formerly Abbot of Bydewas had made of
Nicholas formerly Abbot of St. Ebrulph his predecessor. The Abbot of
Buldewas stated the tenements were in Waleton and not in Great Onne, and
the jury find in his favour. m. 6.
John de Tresyl acknowledged he owed to John son of William son of
William de Benteleye 6 marks. m. 6.
John son of Edda and Emma his wife, and Henry son of Roger Hog of
Newcastle-under-Lyme, sued Nicholas son of Ralph de Tykenesse of Newcastle-under-Lyme for two acres of land in Clayton Gryffyn, in which
Nicholas had no entry except by Henry de Tykenesse, to whom Augustine de
Bokenale brother of Emma and uncle of Henry (whose heirs they are) had
demised it for a term now expired.
The jury say that Nicholas entered by Ralph his father, and not by
Henry de Tykenesse. Verdict for Nicholas. m. 6, dorso.
Alice daughter of Robert le Boteler of Yoxale recovers two parts of a
virgate of land in Yoxhale, as heir of her brother Ambrose le Boteler, in a
suit against Thomas de Alsweyn of Yoxhale. m. 6, dorso.
Alice the widow of Robert de Wystanswyk recovers an acre of land in
Mere near Newcastle-under-Lyme, in a suit against Robert de Standon,
Robert her husband having conveyed it to the latter during his lifetime
when she could not object. m. 6, dorso.
An assize, etc., if Dametta de Heyston the aunt of Alan son of Guy de
Glaseleye was seised as of fee when she died of a messuage and a carucate
of land in Heyston and Aruleye (Arley), of which Henry de Heyston holds
the messuage and half a carucate, and Avelina de Heyston holds half a
carucate. Henry called Avelina to warranty, who warranted his tenement
to him, and stated that both tenements formerly belonged to one Robert de
Gloucester, who gave them to the said Dametta to hold for her life, and after
her death to remain to Avelina and her heirs. The jury find in favour of
Avelina. Philip de Lutele, Warine de Penne, Richard de Beckebury,
William Purcel, Hervey de Hampton, and Geoffrey de Bilston, recognitors,
never appeared, and are in misericordiâ. m. 7.
Agnes the widow of John de Pendeford recovers a third part of two parts
of the manor of Pendeford as dower versus the Prior of St. Thomas the
Martyr near Stafford. m. 7.
Robert de Frankeville sued Thomas the Prior of Ronton for a piece of
land in Frankeville, in which he had no entry except by a disseisin which
Roes Doylly had unjustly made of William de Frankeville his father. The
Prior stated the land was part of the waste of the manor, which had been
lawfully approved by Roes, and the jury find in his favour. m. 7.
An assize, etc., if Richard son of William de Cavereswelle had unjustly
disseised William de Athelaston and William de Romenhale of two messuages
and two bovates of land and 40s. of rent in Quikeshull. A concord was
made by which the plaintiffs are to hold the tenement for their lives. m. 7.
An assize, etc., if Richard de Harecurt and Joan his wife, Henry de
Harecurt and Alianora his wife, William son of Richard, William son of
Robert de Kaverswalle, William de la Doune, and four others, had unjustly
raised a stank in Levedale and la Doune, to the injury of Henry de Caverswalle.
The jury say there had been a stank of old in the same place which had
been broken down, and the defendants had raised it again. Henry is therefore
in misericordiâ for a false claim. m. 7, dorso.
Sibilla the daughter of Geoffrey de Levedale and Juliana her sister sued
William de Adeneye and Muriel his wife for a messuage and half a virgate
of land in Levedale, of which Geoffrey de Levedale the grandfather of Sibilla
and Juliana, whose heirs they are, had been seised as of fee when he died.
William stated that Geoffrey had enfeoffed Muriel of the tenement before he
died, and the jury find in his favour. m. 7, dorso.
Richard son of Hervey de Stretton sued Richard de Harrecourt and Joan
his wife for a carucate of land in la Doune near Bradeley, of which Richard
de Stretton his grandfather, whose heir he is, had been seised as of fee when
he died. Richard son of Hervey afterwards withdrew his suit. m. 8.
William de Penne and Nicholas his wife sued Robert le Champyon of
Little Sardone for a third of half of forty acres of land, and fourteen acres of
waste and moor in Esnynton (Essington), and they sued William Alkene for
a third of half of six acres of land and two of meadow in the same vill as the
dower of Nicholaa. The defendants concede the dower claimed. m. 8.
William Wyther and Orabilla his wife give 20s. for license of concord with
Reginald son of Reginald de Legh. (fn. 2) m. 8.
Richard de Lee sued Roes Trussel for a hundred acres of pasture in
Fulford, in which she had no entry except by Richard Trussel, to whom
William Trussel had demised them, and who had unjustly disseised William
de Lee his father. Roes stated she entered by hereditary descent from
William de Paunton her father, and the jury find in her favour. m. 8.
Robert son of Geoffrey de la Hyde, who is of full age, sued Robert de
Bromhale for a messuage and ten acres of land in Chilinton near Brewode,
which he had demised to him whilst under age. Robert de Bromhale stated
the plaintiff was of full age when he conveyed the tenement to him. The
jury say that Robert son of Geoffrey was under age, and he is therefore to
recover seisin. m. 8.
Henry son of Henry de Pakyngton sued Magister Alan le Breton (called
to warranty by William de Bugthorp) for a messuage, a mill, eight virgates,
forty acres of land, and ten acres of wood in Pakyngton in co. Stafford, in
which William had no entry except by Magister Alan, to whom Henry son of
David de Pakyngton, father of Henry, whose heir he is, had demised the
tenement for a term now expired.
Magister Alan produced a deed of Henry son of David, granting the
tenement to him in fee and inheritance, and Henry then pleaded that
Henry son of David was non compos when he executed the deed; but the jury
find in favour of Magister Alan. m. 8, dorso.
Robert son of Robert de Esynton sued Robert de Buckyngham for a
messuage, a virgate and two acres of land in Esynton, in which he had no
entry except by one Robert de Buckyngham, to whom Robert de Essyngton
the grandfather of Robert, whose heir he is, had demised the tenements for a
term now expired.
Robert de Buckyngham, as regarded the messuage and virgate of land,
called to warranty Robert de Sewallesfeld, who warranted the tenement to
him, and stated that Robert de Essynton the grandfather had not demised
the tenement to Robert de Bukynham, but to one Richard son of Robert de
Esynton, the father of Robert de Sewallefeld. (fn. 3) The jury find in favour of
Robert de Essington, both for this tenement and the two acres in question.
m. 8, dorso.
Hugh son of William de Hyldelston sued Robert son of Richard de Pype
for two bovates of land in Pype, of which Mabel de Pype, the cousin of
Hugh, whose heir he is, was seised as of fee when she died. Robert stated
that Mabel before her death had given the tenement to one John Froward,
and the jury find in his favour. m. 8, dorso.
John Archbishop of Dublin sued Hugh le Blund for two carucates of land,
excepting sixty acres of land and five acres of meadow in Pencrych, which he
claimed as the right of his Church of Dublin, and to hold in capite of the King,
and of which Henry le Blund his predecessor had been seised in the reign of
King John.
Hugh stated that the tenements in question were the right of one Hugh
Huse, who gave them to the said Henry le Blund, the Archbishop's predecessor, and Henry afterwards gave them to one Andrew le Blund, the father
of Hugh, to hold to him and his heirs, and he appealed to a Great Assize; and
Robert de Hastang, Robert de Staundon, William Wyther, and John de
Heronvill, four Knights, came and elected these, viz., Robert de Staundon,
William Wyther, John de Heronville, Hugh de Weston, William Trumwyne,
Henry Mauveysin, William de Stafford, Geoffrey de Greselegh, William de
Mere, Henry de Cressewalle, John de Wasteneys, Robert de Bromleye,
Adam de Brinton, John fitz Philip, Thomas Corbet, and John son of John
fitz Philip, who return a verdict in favour of Hugh le Blund. m. 9.
John de Bromhale sued the Prioress of Brewode for sixteen acres of land
in Brewode, and he sued William de Brewode, Chaplain, for ten acres in the
same vill, of which Ralph le Botiller (fn. 4) his great-grandfather, whose heir he is,
had been seised as of fee when he died. The defendants pleaded that this
form of writ was limited to the time of King Henry the King's father, and
that Ralph was never seised of the land in the reign of that King; and the
jury find in their favour. m. 9.
William son of William Paynel sued Margaret formerly wife of Ralph de
Coven for a messuage in Coven, of which she had unjustly disseised William
Paynel his father, whose heir he is. Margaret stated the messuage formerly
belonged to Ralph her husband, and that Margaret, Alice, and Philippa the
heirs of Ralph had assigned it to her in dower, and she appealed to a jury.
The jury find in favour of William. m. 9.
Christiana formerly wife of Hamon de Onyleye sued Robert son of Hamon
for a third of eight messuages, three carucates, and four bovates of land, eight
acres of meadow, and ten acres of wood, a mill and half of another mill, and
four marks of rent, and for one-third of a rent of six hogs, in Onyleye and
Wonynton near Hales; and she sued Hamon de Onyleye for a third of a
messuage and thirty acres of land in the same vill as her dower. Robert and
Hamon appeared and conceded the dower claimed. m. 9, dorso.
William de Stanleye sued the Prior of Trentham for twenty-six acres of
land and ten acres of meadow, and five of pasture, and twenty-three acres of
wood in Over Elkeston, of which the Prior had unjustly disseised Magister
John de Stanleye the uncle of William, whose heir he is. The Prior stated
he had recovered the land in question before Ralph de Hengham and his
fellow Justices in a suit against Magister John de Stanley; but William denied
the land now in dispute was included in the land which the Prior had recovered on that occasion. The jury find in favour of the Prior. m. 9, dorso.
Alice formerly wife of Richard de Charnes sued Roger the Bishop of
Coventry and Lichfield for a messuage and four acres of land, 2s. 3d. of rent,
and the rent of a pound of pepper in Great Suggenhull, Aspeleye, Adbaston,
and Croxton, and which she claimed as the gift of Robert de Emkerdon, who
had enfeoffed her in the tenements, and in which the Bishop had entry through
her husband, who had demised them to him during his lifetime, when she
could not object. The Bishop conceded the right of Alice. m. 9, dorso.
Thomas de Hamsted sued William le Mouner (the Miller) of Honesworth
for a mill in Honesworth (Handsworth), of which Guy de Swynefen the
grandfather of Thomas, whose heir he is, was seised as of fee when he died.
William called to warranty Richard le Walker, who warranted the mill to
him. A concord was made by which Thomas remitted his claim for 4 marks.
m. 9, dorso.
John de Grendon withdrew his writ of entry against Theobald de Neville
respecting tenements in Swynefen and Sheneston. m. 10.
Lucy formerly wife of Richard de Byrchulle sued Roger son of Richard de
Birchull for a third of a messuage and two carucates of land in Byrchulle, and
she sued William Haket for a third of three acres, and Elyas de Sheprigge for
a third of two parts of a messuage and twelve acres of land, and Adam
Blakethemore for a third of four acres of land in the same vill, as her dower.
The defendants called Roger son of Richard to warranty, who, with his
land, is in ward to the said Lucy; and Roger was present in Court and warranted their tenements to them. Lucy is to have seisin of her dower, and the
defendants to be compensated from the land of Roger. m. 10.
John de Arderne sued John Fynch for two acres of meadow in Elleford,
and John de Stonhale for an acre, and Peter de Colecestre for two acres, and
Thomas son of Gilbert de la More for two acres of meadow in the same vill,
of which Theukina his ancestress had been seised as of fee in the reign of
King Richard, and from Theukina the right descended to Agnes her daughter
and heir, and from Agnes to Peter her son and heir, and from Peter to John,
who now sues as her son and heir.
The defendants denied the seisin of Theukina, and appealed to a Great
Assize. And Robert de Hasteng, William de Mere, Roger de Swynnerton,
and Robert de Dutton, four Knights, came and elected Robert de Hasteng,
William de Mere, Roger de Swynnerton, John de Wasteneys, Henry de
Karsewell, William de Stafford, John de Herunville, Ralph Basset of Sabecote, John titz Philip, Robert de Kygelegh, sic (Knightley), Richard de
Draycote, Hugh de Weston, Roger de Pywelesdon, Henry Mauveysin, John
Giffard, and Walter Beysun. Verdict for John de Arderne. m. 10.
Richard le Heyr of Knyghton sued Adam son of William de Knyghton
for a messuage and a virgate of land in Knyghton in Hales-under-Lyme, in
which Adam had no entry except by a demise made by William le Heir of
Knyghton, grandfather of Richard (whose heir he is), to Robert son of Adam
de Knyghton for a term now expired. Adam stated that William the grandfather had demised the tenement in fee to the said Robert, and not for a term,
and appealed to a jury; but he afterwards made default, and a verdict was
given in favour of Richard. m. 10, dorso.
John Wymer of Stafford sued William de la Pole and Wladusa his wife
for the manor of Bere-Sardun, of which Nicholas le Bere (fn. 5) his kinsman (whose
heir he is) had died seised in the reign of King Henry the King's father; and
from Nicholas the right passed (reforciebatur) to one Wymer, brother of a
certain William, father of the said Nicholas, as his kinsman and heir; and
from Wymer to Thomas as his son and heir; and from Thomas to William as
son and heir; and from William to John, who now sues, as son and heir; and
he produced his proofs. A concord was made. m. 10, dorso.
Thomas son of Robert de Olynleye sued the Abbot of Deulacres for a toft
and twenty acres of land in Westwode near Lek, of which William de
Cokshete his great grandfather, whose heir he is, had been seised when he
died. The Abbot stated that William had enfeoffed his daughter Flora of
the land before he died, and the jury find in his favour. m. 10, dorso.
Roger Prior of Sondwell sued Richard de Marnham and Margaret his
wife for seven acres of land in West Bromwych, of which they had unjustly
disseised his predecessor the Prior Richard. Richard and Margaret took
exception to the writ because the Prior was named Thomas and not Roger,
and the suit was dismissed. m. 10, dorso.
Agnes daughter of Nicholas son of Geoffrey de Aston sued John le Coliere
of Little Sutton for half an acre of meadow in Little Aston upon Colefeld, of
which Geoffrey de Aston her grandfather (whose heir she is) had been seised
when he died. John called to warranty Hugh de Aston, who called to warranty John son William fitz Geoffrey, who was under age and was present in
Court, and being viewed by the Court was evidently under age; the suit is
therefore to remain till full age of John. m. 10, dorso.
Petronilla formerly wife of Thomas de la Lee sued Urian de St. Pierre
and Margaret his wife for 7s. 11½d. of rent in la Hyde in Brewode, in which
they had no entry except by a disseisin which William son of Roger de la
Hyde had unjustly made of the said Petronilla. Urian and Margaret called
to warranty Roger Bishop of Coventry and Lichfield, who warranted the
tenement to them, and admitted the right of Petronilla. Petronilla is therefore to recover seisin, and Urian and Petronilla are to be compensated by the
Bishop. m. 11.
John son of Robert de Lee sued Nicholas the Prior of St. Thomas near
Stafford for a messuage and twenty acres of land and two acres of meadow in
Drengton (Drineton), of which the Prior had unjustly disseised Agnes
formerly wife of Robert de Lee the mother of John, whose heir he is. The
Abbot stated he entered by a feoffment made to him by one Richard de
Drengton. The jury say that the tenements with others formerly belonged
to one Warin de Colton, who gave them to John de Chaveringworth in frank
marriage with Margaret his daughter; and John had issue the said Agnes, and
Margaret and Elena her sisters; and John demised the tenements to one
Richard de Lee for a term of years; and after the death of the said John the
tenements were divided between the sisters; and the tenement now in
question fell to the purparty of Agnes; and she sued Richard for it as of her
inheritance, because he held it beyond his term; and Richard to make peace
with her married her to his son Robert; and in this way the tenements
remained to Robert and Agnes, in right of Agnes; and Robert afterwards
committed a felony, for which he fled; and then Richard enfeoffed in the
tenement the said Prior, notwithstanding that Agnes made an outcry and
raised a hue and cry (Agnete proclamante et hutesium levante); and in this
way he disseised Agnes of her tenement. It is therefore considered that
John should recover seisin, and the Prior is in misericordiâ. m. 11.
An assize, etc., if Richard de Pratis (Prez) and Letice his wife, Richard
(sic, Roger) de Pyvelesdon and Joan his wife, and Gilbert de Croxford had
unjustly disseised John son of John de Croxford of a messuage and a carucate
of land in Salt. The jury say that John never was in seisin of the tenement.
m. 11.
Margaret daughter of Christiana de Weford and Agnes her sister sued
William de Oddyngseles and Richard le Wodeward of Weford for a messuage
and half a virgate of land in Weford, in which they had no entry except
through a disseisin made of their mother by William de Oddyngseles.
Richard stated he held the tenement by virtue of a deed of Joan de Oddyngseles the mother of William, whose heir he is, and he called him to warranty,
and William warranted it to him. Margaret and Agnes stated the deed was
not made by his mother, and her seal was not appended to it, and appealed
to a jury; and the Sheriff is ordered to summon the witnesses named in the
deed, viz., Henry de Pakynton, Peter de Colecestre, Robert de Freyford,
Richard Bagod, and Hugh de Aston; but they afterwards acknowledged the
validity of the deed, and are in misericordiâ for a false claim. m. 11, dorso.
An assize, etc., if Henry de Wiverestone had unjustly disseised Henry son
of Henry de Wiverestone of a messuage and a carucate of land and a water
mill in Wiverestone (Worstone). Henry stated that Henry son of Henry
never was in seisin of the tenements, but the jury find that he was in seisin
of all the tenements except the mill. He is therefore to recover seisin of the
messuage and land, and is in misericordiâ for a false claim for the mill.
m. 12.
Lucy formerly wife of Richard de Birchull sued William Haket for a
third of three acres in Birchull, and she sued William son of Hugh de
Draycote of Fulford for a third of half a virgate, and John son of Hugh de
Draycote for a third of a messuage in the same vill as her dower.
The defendants appeared, and William Haket and William son of Hugh
stated they held the land from which she claimed dower for a term of years
by the demise of John de Brok, and called him to warranty, and John warranted the land to them, and called to warranty Roger son of Richard (de
Birchull), who is under age and in ward to Lucy the plaintiff; and John son
of Hugh called to warranty Richard de Cavereswell, who came and warranted
the messuage to him, and called to warranty John de Brok, who called to
warranty Roger son of Richard, who was present in Court, and by permission
of the Court surrendered the dower claimed; the tenants to be compensated
from the land of the heir. m. 12.
Thomas le Wodeward recovers a messuage in Newcastle-under-Lyme by
writ of novel disseisin against William Bydulf and Philippa his wife. m. 12.
Robert Elyot of Chilinton sued John Giffard of Chilynton and Ada his
wife for a messuage, eighteen acres of land, an acre of meadow, and 8d. of
rent in Chilinton, which he had demised to them when he was non compos mentis
sue. John and Ada stated he was of good mind and memory when he made
the demise to them, and the jury find in their favour. m. 12, dorso.
An assize, etc., if Richard son of Robert de Weston, the brother of
Juliana, wife of Richard le Priour, and of Joan daughter of Robert de
Weston, was seised as of fee when he died of a rent of 16d. in Waverton,
which William de Stafford and Walter his brother hold. The jury say that
Richard did not die seised of the rent, and Julia and Joan are therefore in
misericordiâ for a false claim. m. 12, dorso.
William son of Peter Corbisun sued John Giffarde of Chilinton for the
manor of Chilinton, of which Margaret daughter of Peter Corbisun, his
kinswoman, and whose heir he is, was seised in demesne as of fee when she
died, in the reign of King Henry the father (sic) of the present King;
and from Margaret, who died without issue, the fee descended to one
William, as her brother and heir, and from William to Peter, as son
and heir, and from Peter to William, who now sues as son and heir.
John Giffard took exception to the writ, because he did not hold the
whole manor claimed at the date it was sued out, and he stated that Alice
daughter of Odred held in it a messuage and half a virgate of land, Thomas
le Neweman a messuage and three acres, Richard de Tonge a messuage and
half an acre, Juliana, formerly wife of Roger Edmay, a messuage, William at
the New Spring a messuage and an acre, Richard the Miller a messuage and
two acres, John son of John of the White Moor (Alba Mora) two acres,
William Little (parvus) one acre, John son of Geoffrey and Petronilla his
grandmother half an acre, Urian de St. Pierre a messuage and forty acres,
Nicholas de Panynton a messuage and twenty acres, William de Engleton a
messuage and half a virgate, John son of Hugh a messuage and ten acres,
Robert de Chirchehous a messuage and ten acres, William Dawe a messuage
and four acres, Robert de Alba Mora (Whitemoor) a messuage and six acres.
As William could not deny this, the suit is dismissed. m. 12, dorso.
William de Camera (Chamber) of Arley sued Edmund de Mortimer for a
messuage and carucate of land in Arleye, which he claimed to hold to himself
and the heirs of his body, and he produced proofs that he had formerly held
the tenement. Edmund took exception to the writ because William had
lost the tenement in a suit in a court of law by his own default, and pleaded
the Statute. William stated one Roger de Cruce had recovered the tenement
against him by default before the date of the Statute in question. Verdict
for Edmund. m. 12, dorso.
Robert son of Robert de Esnyton (Essington) sued Robert de Sewalleford
(sic, Sewallefeld) for a messuage and half a virgate of land and an acre of
meadow in Bisshebury, in which he had no entry except by a demise made
for a term now expired by Robert de Essington his grandfather to one
William de Snoddon.
Robert de Sewalleford called to warranty Ralph de Bissebury, who
appeared and prayed it might be shown why he should warrant the
tenement to him. And Robert de Sewalleford stated he held it of him
by homage and the service of 18d. annually, and that Ralph was in seisin of
the said service and homage, and that when his father Richard died he
(Robert) was at that time under age and in ward to the said Ralph. Ralph
acknowledged he had taken the homage of Richard the father of Robert, but
denied that that gave any claim to warranty; and he stated he had taken the
homage of Richard the father of Robert as the true heir of the said Robert,
by whose seisin, etc. (the plaintiff claimed), inasmuch as Robert at that time
had no other heir apparent, and he knew of no other. And because Robert
de Sewalefeld did not deny that Ralph had taken the homage of Richard
father of Robert as heir of Robert, from whose seisin the claim is made, and
gave no other reason why Ralph should warrant the tenement to him, it is
considered that Robert son of Robert (de Essington) should recover seisin, and
Robert de Sewallefeld is in misericordiâ. m. 13.
Alice daughter of Thomas Oweyn, and Agnes, Joan, and Matilda her sisters,
sued Richard Oweyn and Henry his brother for a mill and two hundred acres
of land in Uttokeshather (Uttoxeter), which Robert de Ferars gave to Henry
Oweyn and heirs of his body, and which after his death should descend to them
as his cousins and heirs by the form of the gift. The defendants took exception to the writ because they held only a portion of the land claimed, and the
suit is dismissed. m. 13.
An assize, etc., if Richard de Marnham and Walter Deireys (sic, Devereux)
had unjustly disseised the Abbot of Hales of common of pasture in seventy
acres of arable land after the corn was carried, in Bromwych near Walshall.
Richard pleaded he only held in right of his wife Margaret, who was not
named in the writ, and Richard and Walter state they did not hold the
whole of the land in question, inasmuch as William son of Richard le
Serjant of Bromwych held thirty acres, Philip de Lyndene five acres, Richard
de Rushaker six acres, Richard Basset ten acres, Richard Bude ten acres,
William Mustrell six acres, Ralph Swetecok six acres, and Walter Bonde
three acres; and as the Abbot could not contradict this, the suit is dismissed.
m. 13, dorso.
Theobald de Verdun was summoned by the Abbot of Crokesdene in a plea
that he should render to him £8, the arrears of an annual rent of 40s. owing
to him; and he stated that one Roes the grandmother of Theobald, whose heir
he is, had granted to the Abbot and St. Mary of Crokesdene and monks 40s.
to be rendered yearly from her mills of Alveton, and he produced the deed
of Roes to that effect.
Theobald admitted the deed, but stated that the Abbot was bound to him
in a bond for £40 for the confirmation of a waste (sic) which he held of his
fee. A concord was afterwards made, by which Theobald paid the arrears.
m. 13, dorso.
Richard le Heyr of Knyghton sued Alan Wigan for a messuage and
a bovate of land in Knyghton in Hales-under-Lyme, in which Alan had no
entry except by a demise made by William le Heyr, grandfather of Richard,
for a term now expired, to Robert son of Adam de Knyghton. Alan pleaded
that William had made a grant of the tenement in fee and inheritance to
Robert, but the jury find in favour of Richard. m. 13, dorso.
An assize, etc., if Richard de Barton, Hugh son of Richard de Tunstal,
and ten others named, had unjustly disseised Richard Gerveys of Wolvernehampton of an acre of wood in Tunstal. The defendants, with the exception
of Hugh, disclaimed all right, and Hugh stated that Tunstal was of the ancient
demesne of the King, and that he had impleaded the said Richard in the Court
of Robert Burnel, formerly Bishop of Bath and Wells, for the said tenement
by writ of right, and had recovered it, and he had entered by a verdict of the
Manor Court and not by a disseisin. The jury say that Hugh impleaded
Richard in the Bishop's Court of Tunstall, and Richard had appeared in Court
and pleaded he ought not to answer to the writ, because the tenement was
not of the nature of sokemanship, but a free fee, and that the Steward of the
Bishop had taken an inquisition in the absence of Richard respecting the said
tenement, and on the verdict of this inquisition had ejected him from it
unjustly. Richard is therefore to recover seisin. m. 13, dorso.
An assize, etc., if Walter de Cokeseye, Thomas Prior of Sandewall, and
five others, had unjustly disseised Richard de Marnham and Margaret his
wife of three acres of waste in West Bromwych. The defendants, with the
exception of the Prior, disclaimed all right; and the Prior stated that the manor
of West Bromwych formerly belonged to one Richard, and was divided
between Sarra and the said Margaret his daughters and heirs, and that the
land in question was of the purparty of Sarra, and Sarra had issue Walter
Deverus, by whose concession he holds it. The jury find that the land in
dispute was part of the purparty of Margaret. Richard and Margaret are
therefore to recover seisin. m. 14.
An assize, etc., of Ralph le Botiller and Matilda his wife had unjustly
disseised Jordan de Flossebrok of an acre of land and an acre of heather in
Nether Oldynton (Oulton). Ralph and Matilda state that Jordan had newly
enclosed four acres of pasture within the vill of Nether Oldynton of which
Ralph is capital lord, in right of Matilda his wife, and that the soil of the said
pasture belonged to him and Matilda, and he had therefore lawfully pulled
down the fence. The jury say that Jordan had enclosed the said land and
pasture, of which the soil belonged to him. He is therefore to recover seisin.
m. 14.
Alice formerly wife of Henry de Coudre sued Benedict de Coudre for a
third of a messuage and a carucate of land in Lek as her dower. Benedict
stated he held the tenement by a demise of the Abbot of Deulacres, and that
Henry her husband had received other land from the Abbot in exchange for
the land from which she now claimed dower, and that she had been endowed
already from the land given in exchange. The jury find in favour of Benedict.
m. 14.
Hugh son of Robert de Levedale sued Roger de Caverswalle for a messuage
and fifty acres of land in Levedale, and he sued Adam Mile of Pencrich for
five acres in the same vill, in which they have no entry except by Thomas de
Etherlarton (Ellerton), who had unjustly disseised his father Robert of the
tenements. Adam stated he entered by Henry de Caverswalle, and Hugh
withdrew the writ against him. Roger stated that Hugh had remitted
and quitclaimed to him all his right in the tenement by a deed which
he produced. Hugh acknowledged the deed but pleaded at the time he
executed it he was in the King's prison of Brugges (Bridgenorth). Roger
denied the deed was executed whilst Hugh was in prison, and appealed to a
jury, who stated that the deed was executed six months after Hugh had been
released from prison. Verdict for Roger. m. 14, dorso.
An assize, etc., if William de Senkeworth and two others named had
unjustly disseised Richard son of Geoffrey de Gnoushale of common of pasture
in four acres in Gnoushale. William stated he was lord of the vill of Gnoushale and could approve in it as he pleased, and that Richard had sufficient
pasturage elsewhere. The jury state that Richard had not sufficient pasture
elsewhere, and he is therefore to recover seisin. m. 14, dorso.
A deed of convention enrolled between Sir Robert de Benteley Rector of the
Church of Rademore on the one part, and John son of William son of William
de Benteley, which states that contentions having arisen between them owing
to sundry trespasses committed during the wardship of the lands of the
inheritance of the said John at Benteley, and which Sir Robert held by the
demise of Magister Adam de Botyngdon who had custody of the same by grant
of the King, by the intervention of friends the said Sir Robert conceded and
quitclaimed to John all his right in the said custody from the day of Carniprivium (fn. 6) 21 E. I., and for this concession John de Benteley, who is under age,
and John de Cave and Richard de Benteley, who are of full age, concede that
during the said custody they will pay to the said Sir Robert either at Benteley
or Norton annually 40s., etc.
Walter de Beysin was summoned to answer the plea of Robert de Bromlegh
that on the Thursday before Pentecost 20 E. I. he had taken the cattle of
Robert, viz., fourteen oxen, in the vill of Asscheleg (Ashley) and had impounded them in his park there, and for which he claimed 100s. as damages.
Walter stated he had impounded the cattle lawfully, because the place
from whence he took them is a common pasture of Robert and of him, Walter,
and of one John de Eyton, and the said Robert had agisted on it strange
cattle without his assent. Robert produced a deed to which Walter, John,
and Robert were parties, by which it was conceded that either of them for
themselves and heirs might approve, and assart and build on their purparties
of the waste of Esselegh without any impediment by the others; and he
stated that the place where the cattle were found was his several pasture
assigned to him as his share of the waste. Walter denied this, but on an
adjournment failed to appear. The assize was therefore taken in his absence,
and the jury returned a verdict in favour of Robert. m. 15.
An assize, etc. if Warine de Beycyn the father of Robert de Beycyn was
seised, etc., as of fee, of twelve acres of land and twelve acres of pasture in
Shuston when he died, and which Matilda formerly wife of Adam de Beycyn
holds. Matilda stated she held the tenement in dower of the inheritance of
Walter de Beycyn, and called him to warranty; but she now withdrew her
claim of warranty, and the assize proceeded. The jury say that Warine did
not die seised of the tenements, and Robert is therefore in misericordiâ for a
false claim. m. 15, dorso.
An assize of last presentation to the Church of Hopton near Stafford, the
advowson of which Robert de Bek claimed against the Dean and Chapter of
St. Mary of Stafford, and he pleaded that Alice de Bek his great grandmother,
whose heir he is, who held the manor of Hopton temp. King John, had
presented to the Church one Geoffrey de Bek, who had been admitted and
instituted, and afterwards one Alienora de Bek, formerly wife of Gilbert de
Bek, son and heir of the said Alice, and which Alienora held the capital
messuage and one-third of the said manor with the advowson in dower of the
inheritance of Robert de Bek grandfather of the said Robert, whose heir he is, in
the reign of King Henry the King's father had presented one William de
Bek, who had been admitted and instituted, and by whose death the Church
is now vacant. The Dean and Chapter stated they held the Church by the
gift of the King as appurtenant to their Church of St. Mary, and they cannot
answer without the King (Rege inconsulto). Robert de Bek was informed he
must sue the King. m. 16.
An assize if John de Conyngston the Prior of Trentham, William de
Stafford, Henry de Colton, and William Coyne had unjustly disseised Adam
Basset of a messuage, twenty-two acres of land, seventeen acres of meadow,
twenty-three acres of pasture, and twenty-nine acres of wood in Over Helkesdon (Elkstone). The jury say that the Abbot had alone disseised him.
Adam is therefore to recover seisin, but is in misericordiâ for a false claim
against the others. m. 16, dorso.
Richard son of Hervey de Stretton sued Hugh de Weston for three
virgates and a half of land, and six acres of meadow and two parts of a mill
in Stretton, of which Richard de Stretton his grandfather, whose heir he is,
had been seised as of fee when he died. Hugh pleaded he was enfeoffed
conjointly with Sarra his wife, who was not named in the writ; and as Richard
did not deny this, the suit was dismissed. m. 16, dorso.
An assize, etc., if Theobald de Verdun, Adam de Ravenesdale, and two
others, had unjustly disseised the Prior of Calewiz (Colewich) of common of
pasture in one hundred acres of wood in Wotton under Wever appurtenant to
his free tenement of Athelaxton (Ellaston) near Calewyz. Theobald pleaded
that Calewyz was a cell of Kenilleworth, and that the Prior was removable at
the will of the Prior of Kenilleworth. The Prior stated he was perpetual and
not removable at the will of the Prior of Kenilleworth. The jury found in
favour of Theobald on this point, and the suit was dismissed. m. 16, dorso.
An assize, etc., if Richard son of William and twenty-one others named,
had unjustly disseised John son of Reginald de Norton and Alice his wife,
and Richard de Norton and Matilda his wife, of twenty acres of waste and
four acres of moor in Norton upon Canok. Richard and Matilda his wife
appeared and stated that the writ had not been sued out with their consent,
and they disavowed it entirely (omnino deadvocaverunt).
The defendants stated the tenements were the inheritance of the said
Matilda and Alice her sister, and that Alice when she was unmarried had
remitted and quitclaimed to her sister Matilda all her right in them, and this
grant had been confirmed by John son of Reginald after he married her. The
jury found in favour of Richard and the other defendants. m. 17.
An assize, etc., if Henry son of Roger de Careswelle had unjustly disseised
Hugh son of Robert de Levedale of common of pasture in two acres of land
in Levedale. The jury found in favour of Henry. m. 17.
Adam de Pencryz sued Isolda formerly wife of Hugh de Levedale for a
third of a messuage and half a virgate of land in Levedale, in which she had
no entry except by Hugh de Levedale, to whom Robert son of Richard de
Levedale the uncle of Adam, whose heir he is, had demised the tenement for
a term now expired. Isolda stated she held the tenement for her life, and the
reversion of it belonged to John son of William de Pykestok, who was present
and joined Isolda in her plea, and they stated that Robert son of Richard
had remitted and quitclaimed to Hugh de Levedale all his right in the said
tenement, and they produced his deed. Adam denied the validity of the deed,
but the jury found in favour of Isolda. m. 17, dorso.
William son of William de Couelee sued Richard son of Philip de Couelee
for half a virgate of land excepting nine acres in Eyton, of which Philip de
Couelee the grandfather of William, whose heir he is, had been seised as of
fee when he died. Richard appeared and took exception to the writ because
there were two vills in the county, one called Chirche Eyton and the other
Wode Eyton, but none which was called Eyton by itself. As William could
not controvert this, the suit was dismissed. m. 17, dorso.
Robert son of Robert de Meleburn was attached to answer the plea of
John Brun that against the statute he constrained him to do service to his
court of la Horecros; and he stated that Robert de Meleburn the ancestor of
Robert, whose heir he is, had given to one Adam the carpenter of Barr the
ancestor of John, and whose heir he is, twenty acres of land to be held by
homage and the service of 5s. annually in lieu of all service, and for that reason
he was not bound to do suit at the court of the said Robert, and that he had
served on Robert a King's writ de prohibitione; but Robert spurning the
prohibition had distrained the said John to perform the suit against the form
of the statute, and for which he claimed £10 as damages.
Robert stated that the ancestors of John had performed suit to his court
before the first journey of the King into Gascony, (fn. 7) and he had a right to
distrain him for it.
John denied his ancestors had performed suit of court before the above
date, and appealed to a jury; but he afterwards withdrew his writ. m. 18.
An assize, etc., if Adam de Merleston, Philip son of Philip de Draycote,
Reginald de Legh, Roes formerly wife of Henry Brun, Margaret formerly
wife of Nicholas de Legh, Juliana de Paynelowe, Robert de Legh, and
twelve others named, had unjustly disseised Robert de Stapleton and
Matilda his wife of the third part of two parts of forty-four and a half acres
of land in Legh.
The defendants with the exception of Adam disclaimed all title to the land,
and Adam answered as tenant aud stated he entered through Richard de
Sotbache (Sandbach). The jury found in favour of Robert and Matilda. m. 18.
Agnes formerly wife of Thomas de Ferrars sued Matilda Steynolf for
a third of nine acres of land in Great Lockesley as her dower. Matilda
appeared and conceded the dower. m. 18.
William de Foulford gives half a mark for license of concord with
Hugh de Draycote of Foulford and Dionisia his wife in a plea of convention.
Hugh and Dionisia put in their place John their son. (fn. 8) m. 18.
An assize, etc., if Richard de Pres and Lettice his wife, Roger de
Pyweleston and Joan his wife, John de Poleton (Pulton), Robert de
Mulewych, John son of John de Salte and Juliana his wife, and Roger
Coynee had unjustly disseised Alice formerly wife of Nicholas de Mutton of
the third part of a messuage and carucate of land in Salte. Roger and Joan
answered as tenants of the land, and stated they entered by Richard and
Lettice; and Richard and Lettice stated the tenements formerly belonged to
Nicholas de Mutton husband of Alice, who had enfeoffed them in them long
before he married her; and after he had married Alice he disseised them of
the tenements and alienated them to one Gilbert de Crokesford, and Richard
and Lettice had recovered them by an assize of novel disseisin against the said
Gilbert, before Reginald de Legh and Hugh de Cave. John, Robert, and
John stated they claimed nothing in the land, but were recognitors of the
above assize, (fn. 9) and Roger de Coynee stated he was the King's bailiff who had
put Richard and Lettice into seisin.
Alice pleaded she had recovered her dower in the said tenements before
the Justices of the Bench, and prayed for judgment on this ground. The
jury say that Nicholas her husband never was seised of the tenements after
his marriage with her, and that before the marriage he had enfeoffed Richard
and Lettice in them, and had afterwards disseised them and alienated the
tenements to Gilbert, and that Gilbert by collusion had conceded dower in
them to Alice in the suit at Westminster. It is therefore considered that
Richard and Lettice should recover seisin. m. 18, dorso.
An assize, etc., if Theobald de Verdoun and Roger Plane had unjustly
disseised the Abbot of Roucestre of half of forty acres of moor and heath in
Staunton near Swyneskorn. Theobald answered as tenant, and stated that
one William le March, lord of half the vill, had enfeoffed him of the half
three years ago, and the Abbot stated, that one Lucian son of Simon, who was
lord of the other half of the vill, had given half the moor and heath to one of
his predecessors.
The jury say that the Abbot was in seisin of ten acres of the moor by
the feoffment of Lucian until Roger Plane, in the name of Theobald,
had disseised him. He is therefore to recover seisin of these ten acres, and
is in misericordiâ for a false claim for the residue. m. 18, dorso.
William son of Griffin and Wladusa his wife give half a mark for license
of concord with Robert de Staundon in a plea of land. (fn. 10) m. 18, dorso.
Roger son of John le Eyr not appearing to prosecute his suit against
Robert de Hugford for two carucates of land and 19 marks of rent in
Hildeston, the suit is dismissed. m. 19.
John son of Geoffrey de Longedon sued Brankeleon le Limbard (sic),
Canon of the Church St. Cedde of Lichfield, for a messuage and forty acres of
land in Longedon, of which Reyner son of Oviet his kinsman, whose heir he is, had
been seised as of fee when he died, etc. Brankaleon called to warranty Roger
the Bishop, who appeared and warranted the tenement to him. A concord
was made by which the Bishop acknowledged the tenement, excepting the
great Grange on it and a small piece of land near the entrance of the Grange,
to be the right of John. m. 19.
Vivian son of Thomas de Bydulf sued Theobald de Verdun for two
messuages, a toft, three bovates and sixteen acres of land, two acres of
meadow, three acres of wood, and 7s. rent in Fenton Culvert, in which
Theobald had no entry except by John de Verdun, who had unjustly disseised him of the tenements. Theobald stated that John had entered by a
feoffment of Thomas son of Thomas de Bydulf, and not by a disseisin, and the
jury found in his favour. m. 19, dorso.
William son of Thomas de Bydulf sued Theobald de Verdun for two
messuages, a toft, three bovates, sixteen acres of land, etc. (as before), in
Fenton Culvert. (Same pleadings as in last suit, and same verdict.) m. 19,
dorso.
An assize, etc., if Theobald de Verdun and Adam de Ravenenesdale had
unjustly disseised John de Prestwode of common of pasture in Wotton-underWever appurtenant to his free tenement in Prestwode, viz., in one hundred
acres of wood, where he used to common with all cattle except goats throughout the year except for six weeks between the Feasts of St. Michael and St.
Martin. John Cheynel answered for Theobald as his bailiff, and stated that
Theobald is lord of the vill of Wotton, which has a great waste appurtenant
to it, and he had approved the wood, as was lawful so long as John had
sufficient common of pasture elsewhere. John denied he had sufficient
pasture besides the wood; but the jury found in favour of Theobald. John
then offered a mark for a jury of twenty-four to convict the last jury, and
the Sheriff was ordered to summon twenty-four for the Wednesday after the
Purification. A postscript adds that John then withdrew from the prosecution, and was put into prison. m. 19, dorso.
Christiana the widow of Hamon de Onyleye recovers dower against
Hamon de Onyleye in a messuage and thirty acres of land in Onyleye and
Wonyngton near Hales-under-Lyme and from other tenants in the same vills.
m. 19, dorso.
Alice formerly wife of Henry Oweyn sued Emma formerly wife of Thoma.
Owayn for a third of a messuage and fifty-two acres of lands in Uttokeshather
as her dower; and Emma called to warranty Alina, Matilda, Joan, and Agnes,
daughters and heirs of the said Thomas Owayn, who are under age and in
ward to her; and they were present in Court, and in conjunction with Emma
by permission of the Court conceded the dower claimed. m. 19, dorso.
Thomas de Engleton sued Richard le Champyun of Engelton for two
parts of a messuage and a virgate of land in Engelton; and he sued Roger
Jurdan and Edith his wife for a messuage, a third of a messuage, a virgate,
and a third of a virgate of land excepting one acre in the same vill; and he
sued Roger Gadybon for an acre in the same vill, in which they had no entry
except by William de Somerford, to whom William de Engelton the grandfather of Thomas, whose heir he is, had demised the tenements for a term now
expired. Thomas afterwards withdrew his plea. m. 20.
Roger son of Roger le Joeuene of Waleton sued John the Prior of Stanes
for twenty-six acres and a rood of land in Waleton near Stanes, which Ivo de
Waleton had given to Roger de Waleton and heirs of his body, and which by
the form of donation (per formam donationis) (fn. 11) after the death of Roger should
descend to the said Roger son of Roger, the cousin and heir of the said
Roger de Waleton. The Prior stated Roger had no right to the tenements
because Ivo de Waleton, had given them to the Canons of Stanes in free alms,
and the said Roger de Waleton, on whose seisin Roger based his claim, had
remitted and quitclaimed the tenements to the same Canons, and he produced his deed. As Roger son of Roger was under age he could not acknowledge the deed, and the suit is adjourned till he comes of age. m. 20.
An assize, etc., if Richard de Budewell the father of Thomas was seised,
etc., as of fee of a messuage and half a virgate of land in Couleye when he
died, which Richard le Lord of Couleye and Robert his son hold. Robert
stated he held all the tenements, and called Richard le Lord to warranty, and
he took exception to the writ because the tenement was within the manor of
Pencriz, where no writ would run except the small writ of right. The jury
say that the tenements are of ancient demesne of the King, and the suit is
dismissed. m. 20.
Petronilla formerly wife of Richard de Morton sued Robert son of John
de Grendon for a messuage in Melewych (Milwich) as her right and maritagium,
in which Robert had no entry except by a demise which Richard her husband
had made to Robert de Grendon during his lifetime, when she could not
object. Robert called to warranty John de Grendon, who came and warranted
the tenement to him, and denied that Petronilla was ever in seisin of it as her
maritagium. Petronilla afterwards withdrew her plea. m. 20, dorso.
Simon son of Hugh de Fossebrock sued Richard son of William de Cavereswalle for four acres of land and an acre of meadow in Fossebrock (Forsbrook);
and he sued Ralph Basset of Chedlee (Cheadle) for four acres of land and
half an acre of meadow in the same vill, of which Simon son of Hugh his
grandfather, whose heir he is, was seised as of fee when he died. Richard
stated he held the tenement claimed from him in purparty with Richard son of
Richard de Karsewalle and Roger son of Henry de Caverswalle of the inheritance of one Ralph the grandfather (avi) of the said Richard son of William,
and great-grandfather (proavi) of Richard son of Richard and of Roger, whose
heirs they are, and he could not answer without them, and they were under
age. Simon pleaded that Richard son of William ought to answer without
the said Richard son of Richard and Roger, because Simon from whom he
claimed died seised of the tenements as of fee, and after his death the said
William the father of the said Richard had taken them into his hands as
capital lord of the fee, by reason of the minority of Hugh the father of Simon
who now sues, and he had held them all his life, and after his death the said
Richard son of William had entered into them and had held them up to this date.
Richard son of William stated that the tenements were divided between
Mary the mother of the said Richard son of William, and Sibilla the mother
of the said Richard son of Richard, and Mary the mother of the said Roger
as coheiresses of the said Ralph the father of the said Mary mother of
Richard and grandfather of the said Sibilla, and of Mary mother of Roger,
and he prayed for judgment whether he could answer without his coparceners.
Simon denied that the tenements in question were ever divided between the
said Mary, Sibilla, and Mary as between coheiresses of their ancestor Ralph,
and appealed to a jury; but he afterwards withdrew his plea. Ralph Basset
stated that as regards the tenement claimed from him he held it only for his
life by the courtesy of England of the inheritance of the said Richard son of
Richard, without whom he cannot answer, and he is under age. Simon
stated Richard was of full age, and requested he might be viewed; and the
Sheriff was ordered to produce him; and he was viewed by the Court, and was
evidently under age. The suit is therefore to remain till he is of full age.
m. 21. (fn. 12)
Robert de Halghton sued Roger the Bishop of Coventry and Lychefeld
for the advowson of the Church of Heye de Offeleye (sic, High Offley), and
stated a certain Thomas his ancestor was seised of it in the time of King
John, and had presented to the Church Robert his Clerk, who was admitted
and instituted on his presentation; and from Thomas the right descended to
Ralph his son and heir; and from Ralph, who left no issue, to Robert as his
brother and heir; and from Robert to Thomas as son and heir; and from
Thomas to Robert, who now sues as his son and heir.
The Bishop appeared by attorney and denied the seisin of the said
Thomas, and offered to defend his right by the body of his freeman Thomas
son of William, who was present, etc.; and Robert offered to deraign his
right by the body of his freeman Robert son of William, who was present,
etc. It is therefore considered that a duel should be fought between them,
and the sureties of Thomas (the Bishop's champion) are Henry Mauveysin
and Roger de Swynnerton, and the sureties of Robert (Robert de Haughton's
champion) are Thomas Corbet and William Wyther. A day is given to the
parties before the Justices at Westminster, on the Tuesday next after a
month from Easter, when the champions are to come in arms. m. 21.
Robert de Fraunkevell, William, Philip, and Roger, his brothers, were
attached to answer the plea of Thomas the Prior of Ranton that they had
broken down his fences vi et armis on the Monday after the close of Easter,
17 E. I., by which he had been damaged to the amount of 100s. The
defendants stated the Prior had raised a fence in a place where their cattle
were accustomed to pass, and they had pulled it down lawfully, and they
appealed to a jury. The Prior afterwards withdrew his plea, and he and his
sureties are in misericordiâ. m. 21.
The Prior of Stanes gives half a mark for license of concord with Roger
de Pywelesdon and Joan his wife. (fn. 13) m. 21.
Ala formerly wife of William de Hondeshaker sued Richard le Charpenter
of Hondesaker for a third of a messuage and four acres in Hondesaker
(Handsacre) as her dower. Richard called to warranty William son and
heir of William de Hondesaker, who is under age and in ward with a part of
his lands to Geoffrey de Greselee, and another part of his lands is in the
custody of Henry de Lacy Earl of Lincoln, and another part in the custody of
Walter de Beauchamp, by reason of the custody of William brother and heir
of Gawan le Botiler, which he held by a demise of John de Bretagne
(Brytannia), to whom the King had demised it. The custodians are therefore
to be summoned to be at Westminster at three weeks from Easter. Geoffrey
to be summoned in Staffordshire, the Earl in co. Derby, and Walter in co.
Worcester. m. 21, dorso.
An assize, etc. if Richard Balle, the father of Edelina and of Petronilla
was seised in demesne as of fee when he died, of eight acres of land and an
acre of meadow in Cotes near Stafford, of which Robert le Mouner of Stafford
holds five acres, and Hugh son of Ralph de Cotes two acres and an acre of
meadow, and Robert son of Ralph de Cotes an acre of land. The jury say
that the mother of Edelina and Petronilla had held the land after the death
of her husband Richard, and had given it to Robert and the other defendants.
Eddina (sic) and Petronilla are therefore to recover seisin. m. 21, dorso.
An assize, etc., if John de Heronvile had unjustly disseised William son
of Robert and Adam de Walton and Alice his wife of the third part of a
messuage and of a vivary in Tybinton (Tipton). John stated he claimed
nothing but the custody of the tenement by reason of the minority of one
Henry de Heronvile, who was not named in the writ, and the suit was
dismissed. m. 22.
An assize, etc., if William de Boeles, senior, and Robert and John the
sons of William, had unjustly disseised Thomas the son of William Illari of
Rusale (Rushall) of half a messuage, a carucate of land, and six acres of
meadow and moor in Rushale. William stated he claimed nothing but the
lordship (dominium) of the land, and that Thomas is now in seisin of it, and
he likewise stated that one William Illari had held the tenements of him
and wished to enfeoff in them Thomas his son to hold of him (William Illari)
against the form of the statute, (fn. 14) wishing to hold a mesne tenure between
him (William de Boeles) and Thomas his son, and he had taken possession as
capital lord. Thomas stated that William Illari had enfeoffed him of the
tenements, to hold them of the capital lords, and he was in seisin till
William de Boeles had ejected him.
The jury say that William Illari had enfeoffed the said Thomas of the
tenements, and had put him into seisin of them on the Saturday about the
ninth hour, and he was in seisin for all that day, the following night, and
the day after till the third hour of the day, when William de Boeles and the
other defendants had ejected him. And the jury being asked as to who was
now in seisin of the tenements, stated that William de Boeles on the Sunday
following had put one of his servants in possession, who had held them
up to the present time in the name of William de Boeles. It is therefore
considered that Thomas should recover seisin, and William and the other
defendants are committed to gaol. m. 22.
Edmund the King's brother gives half a mark for license of concord with
Geoffrey Gryffyn. (fn. 15) m. 22.
Richard son of Thomas de Couleye sued Bertram son of Bertram de
Burgh for a messuage and a carucate of land in Couleye, in which he had no
entry except by Bertram de Burgo, to whom Thomas de Couleye his father
(whose heir he is), had demised the tenement for a term now expired
Bertram stated that Thomas had given him the land in fee by a charter,
which he produced. Richard acknowledged the deed, but pleaded that it
was given when Thomas was in prison at Neugate in London. Bertram
stated that the deed was executed at Burgh (Burgum) in this county, and
appealed to a jury. A concord was afterwards made, by which Richard
acknowledged the right of Bertram, and for which acknowledgment
Bertram conceded to him and to his heirs two royal acres of land (acras
terræ regales) in the said vill. m. 22.
Richard de Prez and Lettice his wife give a mark for license of concord
with Roger de Pyulesdon and Joan his wife. (fn. 16) m. 22.
The Prior of Stanes sued Henry de Verdun for a messuage and ten acres
of land in Derlaston, in which he had no entry except by Roger son of
Henry, to whom the Prior had demised the tenement for a term now
expired. The suit was dismissed, because Henry was not in seisin of the
whole tenement, John son of Roger holding a part of it. m. 22.
William son of Peter de Gnoushale sued Bertram de Burgo for a
messuage and thirty acres of land in Wilbrighton, and he sued Michael de
Morton for five acres and a half of land in the same vill, of which Alice de
Cowalle his kinswoman, whose heir he is, was seised as of fee when she died.
Michael called to warranty Bertram de Burgo, who warranted the tenement
to him, and pleaded that Alice did not die seised as of fee of either tenement,
because before her death she had enfeoffed her son Henry in them by a deed,
which he produced.
William stated that notwithstanding the deed Alice had died seised of
the tenements, and appealed to a jury, who found in favour of Bertram.
m. 22, dorso.
Robert de Somerford withdrew his suit against Roger the Bishop of
Coventry and Lichfield for reasonable estovers in Brewode. m. 22, dorso.
An assize, etc., if Alianora de Ferrars and John her son had unjustly
disseised Thomas Grym of Little Heywode of reasonable estovers for
enclosing and building in one hundred acres of wood in Charteleye by view
of the bailiff. Thomas stated that his father and grandfather and great
grandfather had taken estovers as specified.
The defendants pleaded that Robert de Ferrars the father of John and
formerly husband of Alianora had held the wood in severalty, and afterward
the King had held it in the same way, and after the death of Robert it had
been assigned to Alianora as part of her dower. Thomas afterwards withdrew his plea. m. 22, dorso.
An assize, etc., if Robert Scridup the father of Nicholaa the wife of
Richard son of Osbert de Northcote was seised as of fee when he died of 14s.
of rent and half a virgate of land in Blockeswych (Bloxwich), of which
Roger de Mortayn had deforced him of 7s. of rent, and John Paynel and
Margaret his wife had deforced him of 7s. of rent and half a virgate of land.
The defendants pleaded that the tenements were held in sokemanship
(sokemaneria) of the manor of Walshalle, which is of ancient demesne of the
King, and as a jury stated this to be the case, the suit was dismissed. m. 22,
dorso.
An assize, etc., if Roger de Swynnerton, Reginald de Snockestones,
Richard de Swynnerton, and John de Trentham had unjustly disseised John
son of Philip de Blakelowe of common of pasture and moor in Swynnerton
appurtenant to his free tenement in Blakelowe. Roger stated he had
approved the pasture and moo and that John son of Philip had sufficient
pasture for his tenement, and the jury found in his favour. m. 22, dorso.
An assize, etc., if Thedisius de Camilla the Dean of the Church of St.
Peter of Wolverhampton, and Andrew de Grene and Simon le Bedel had
unjustly disseised the Abbot of Crokesdene of four acres of wood in Ake
(Oaken). The Dean appeared by the said Andrew his bailiff, and took
exception to the writ because there was no vill in Staffordshire called Ake,
and he appealed to a jury. The jury stated the vill was called Oke, and not
Ake, and the suit was dismissed. m. 23.
John de Prestewode not appearing to prosecute his writ against Theobald
de Verdun respecting common of pasture in Athelaxton (Ellaston), it is
dismissed. His sureties, John Bagot of Bromley and John de Prestwode,
Clerk, are in misericordiâ. m. 23.
An assize, etc., if Philip de Montegomeri and three others named had
unjustly disseised Robert le Champyon of twenty acres of land and thirty
acres of heath in Otherton and Hatherdene. Philip stated that the tenement
is in Hatherdon, which is ancient demesne of the King, where no writ would
run but the close writ of right; and he afterwards pleaded he had entered by
Thedise the Dean of Wolverhampton, and not by a disseisin, and that Robert
had wished to enclose the land by a fence and ditch, and the land was within
the King's forest, between two Hayes, and he had prevented him from
making the fence by orders of the Capital Justice of the forest.
Robert admitted that Hetherdone was of ancient demesne, but he stated
that Hatherdone (sic) belonged to the Dean, and that the heath in question was
part of the Dean's demesne, and that Moyses the Dean's Proctor had given it
to him to hold to him and his heirs for the service of 4d. annually, and he
had held it until disseised by Philip and the other defendants; and as regards
the land, it formerly belonged to Ralph his uncle, who had enfeoffed him in
it, and he appealed to a jury. The jury find in favour of Robert: damages
2 marks. m. 23.
An assize, etc., if Roger son of Jordan de Peulesdon, Richard his brother,
and another, had unjustly disseised Thomas the Prior of Raunton of twenty
acres of heath in Flosbrok (Flashbrook). The Prior stated that the heath
formerly belonged to one Hugh de Flossebrok, who had given it to one of his
predecessors to hold in severalty, and that Roger and the other defendants
had driven their cattle into it. The jury find in his favour; and Roger afterwards offered 10s. for a jury of twenty-four to convict the last jury: his
sureties being Roger de Pyuelesdon (fn. 17) and Henry de Verdon; but he afterwards
withdrew his writ and was committed to prison. A concord was eventually
made, by which Roger son of Jordan admitted the right of the Prior to
approve the heath and reduce it to cultivation, saving to him and his heirs
common of pasture in it during the open season. m. 23.
William son of Peter Corbison sued John Giffard of Chylynton for
the manor of Chilinton excepting fifteen messuages, etc. (as before), of which
Margaret the daughter of Peter Corbison his kinswoman, and whose heir he
is, was seised in demesne, etc., in the time of King Henry father of the
present King; and from Margaret, who died without leaving issue, the right
descended to William her brother and heir; and from William to Peter as son
and heir; and from Peter to William, who now sues as son and heir. John
denied that Margaret was seised of the manor in the reign of the King's
father, and the jury found in his favour. m. 23.
Alice formerly wife of John Meverel of Fredeswell (Fradswell) sued
Simon Pare and Cecilia his wife for a messuage and twenty acres of land in
Gretewych (Gratwich), in which they had no entry except through John her
husband, who had demised the tenement to them during his lifetime when
she could not object. Simon called to warranty Nicholas son of John
Meverel, who appeared and warranted the tenement to him and admitted the
claim of Alice. Alice is therefore to recover seisin, and Simon is to be compensated by Nicholas. m. 23, dorso.
Robert le Champyon and Agnes his wife sued Adam Attelaneslon for
a third of an acre and a half of land in Stretton which Agnes claimed
as dower of the dotation of Richard de Stretton her first husband. Adam
did not appear, and the land had been taken into the King's hands. He now
made default again, and it is therefore considered that Robert and Agnes
should recover seisin. m. 23, dorso.
Robert son of Geoffrey de la Hyde, who is stated to be of full age, sued
John son of Geoffrey de la Hyde for ten acres of land in Chylinton, near
Brewode, and recovered them by default of appearance of John. m. 23,
dorso.
Thomas son of Thomas de Bydulf was summoned by Theobald son
of John de Verdun in a plea that he should warrant to him four messuages,
two tofts, six bovates, and twenty-six acres of land, four acres of meadow,
fifty-three acres of wood, and 14s. of rent in Fenton Culverd, which he
claimed to hold of him by virtue of a deed of Thomas the father of Thomas,
of whom he (Thomas) is the heir, and who gave the tenements to John
his father with a clause of warranty, and he produced the deed, and he
claimed the warranty of Thomas, because one William the son of Thomas de
Bidulf and Vivian his brother had impleaded him for the said tenements, and
Thomas had been called to warranty several times and refused to warrant
the tenements to him, to his great loss and damage, and for which he claimed
£20 as damages. Thomas son of Thomas appeared in Court, and was evidently
under age. The suit is therefore to remain till he comes of age. m. 23, dorso.
Petronilla formerly wife of Richard de Morton sued Robert son of John
de Grendon for a carucate and a half of land and 40s. of rent in Melewych
(Milwich) and two other tenants for two messuages in the same vill, which
she claimed as her right and maritagium and in which they had no entry
except by a demise which Richard de Morton formerly her husband had
made to Robert de Grendon during his lifetime, when she could not object.
Robert called to warranty John de Grendon, who appeared and warranted the
tenements to him excepting two acres. And John called to warranty Ralph de
Grendon, who appeared and warranted the tenements, and denied the right
of Petronilla, and stated that the tenements belonged to Richard de Morton,
and were not the maritagium of Petronilla, and appealed to a jury. A
concord was afterwards made, by which Petronilla acknowledged the right
of Ralph and for which Ralph gave her £10, and John de Grendon conceded to
her a messuage and a virgate of land in Melewych, to be held by her for her life,
and to revert after her death to him and to his heirs. And, with respect to the
two acres excepted, John called to warranty Robert son of Walter Orme of
Mylewych, who appeared and warranted them to him, and Petronilla
obtained permission to withdraw her claim to them. m. 23, dorso.
Nicholas de Aldelegh (Audley) gives half a mark for license of concord with
William Shirard and Petronilla his wife. (fn. 18)
Robert de Stapleton and Matilda his wife were summoned by Thomas de
Rydeware Hamstal in a plea that they caused waste and destruction in the
houses, woods, etc., which they held of his inheritance in Rydeware Hamstal.
And he stated they held a messuage and carucate of land, forty acres of wood,
and six villains in the said vill, as dower of Matilda, and had cut down sixty oak
trees, each worth 3s., and allowed a grange, worth 100s., and a stable, worth
60s., to fall to pieces through defect of repair, and had cut down thirty pear
trees, worth 2s. each, and had wasted and destroyed the land of one Giles his
villain, etc., for which he claimed £20 as damages.
Robert and Matilda denied the damage and waste, and appealed to a jury,
which found in their favour. m. 24.
Thomas de Arderne and Elena his wife were sued by Thomas de
Rydeware Hamstal for waste and destruction in the woods they hold of his
inheritance in Rydeware Hamstal. And he stated that the said Thomas and
Elena held sixty acres of wood in the said vill of his inheritance as dower of
Elena, and they had cut down thirty oak trees, each worth 2s., forty ash trees,
worth each 12d., and twelve arablas, worth each 6d. Thomas de Arderne
and Elena denied the damage and waste, and the jury found in their favour.
m. 24.
Ralph de Burgo and Agnes his wife were sued by Thomas de Rydeware
Hamstal for waste and destruction in the woods which they hold as dower
of Agnes of the inheritance of Thomas in Rydeware Hamstal. And he
complained that whereas they held the third part of two carucates of land
and sixty acres of wood in the said vill as the dower of Agnes, they had cut
down forty oak trees, each worth 3s., ten arablas, worth 6d. each, twelve ash
trees, worth 6d. each, and thirty apple trees, worth 6d. each, and for which
he claimed £20 as damages. Ralph and Agnes denied the waste and destruction and a jury found in their favour. m. 24.
Adam de Brymton and Margaret his wife not appearing to prosecute their
plea against the Abbot of St. Ebrulph, respecting a tenement in Church
Eyton, the suit is dismissed, and their sureties, Richard son of Robert
de Brymton and Philip Banastre, are in misericordiâ. m. 24.
John Paynel and Margaret his wife sued the Abbot of Hales for a
messuage and seven acres of land and an acre and a half of meadow in
Waleshale, which Henry de Walwenhalle formerly held, and which should
revert to them as their eschaet, inasmuch as Henry, who had been hanged
for felony, held the tenement of them for a service of 18d. annually and a
pound of cummin.
The Abbot stated that at the date when Henry committed the felony for
which he had been hanged, he (the Abbot) was in possession of the tenement,
and appealed to a jury, which found in his favour. And John Giffard of
Chilynton, William de Wrottesleye and Reyner de Neuport, jurors, did not
appear, and are in misericordiâ. m. 24.
An assize, etc., if Richard de Huntebache the father of William son of
Richard de Huntenbache was seised as of fee, etc., of a messuage and four
acres of land in Huntenbache when he died, and which Richard son of
Richard de Huntenbache and Alice formerly wife of Richard de Huntenbache held. The jury say that Richard the father of William did not die
seised of the land, because before his death he had enfeoffed the said Richard
son of Richard of it. m. 24, dorso.
Nicholas de Audeleye withdrew his assize of mort d'ancestor against
Roger de Swynnerton respecting a tenement in Coldemorton (Coldnorton)
m. 24, dorso.
An assize, etc., if William de Stanlegh had unjustly disseised William de
Bakenholt of an acre of land in Bakenholt (Bagnall). William de Stanlegh
pleaded he was enfeoffed of the land conjointly with Joan his wife, who was
not named in the writ, and the suit was dismissed. m. 24, dorso.
An assize, etc., if Richard de Marnham and Margaret his wife, and
William the son of Richard, had unjustly disseised the Prior of Sandwell of
common of pasture in forty acres of land in Bromewych (West Bromwich),
viz., every two years in the open season and every third year for the whole year
with all kind of cattle. The jury found in favour of the Prior. m. 24, dorso.
An assize, etc., if Richard de Blythefeld had unjustly disseised John de
Styvynton of common of pasture in Blythefeld appurtenant to his free tenement at Styvynton, viz., in sixty acres of wood with all kind of cattle except
goats, and excepting six weeks between the Feast of St. Michael and St.
Martin, and in thirty acres of heath, with all kind of cattle for all the year.
Richard stated he was capital lord of Blythefeld, and it was lawful for him to
approve according to the Statute, and that John had sufficient pasturage for
the tenement he held in Styvynton. The jury found in favour of Richard.
m. 24, dorso.
An assize, etc., if William de Bagenholt, Geoffrey his son, and John son
of Amice, had unjustly disseised William de Stanleye of common of pasture in
one hundred acres of wood in Bagenholt (Bagnall) appurtenant to his free
tenement in Stanleye. William de Bagenholt stated he had conceded to
William de Stanleye a certain piece of land for the purpose of building a mill
on it, and for this concession William de Stanleye had permitted him to
enclose and hold the wood in severalty.
The jury say that William de Stanleye had permitted William de Bagenholt to enclose twenty acres of the wood for the grant of the site of the
mill, and that William de Bagenholt had disseised him of common of pasture
in the remainder. m. 24, dorso.
Simon son of Hugh de Fossebrok recovers three and a half acres of land
in Fossebrok (Forsbrook) from Roger son of Richard de Draycote, through
default of the defendant. m. 25.
An assize, etc., if Walter de Ebroicis (Devereux) and Richard de Marnham
and Margaret his wife had unjustly disseised the Abbot of Hales of common
of pasture in West Bromwych, viz., in three hundred and ten acres of land in
the open season with six hundred sheep. The defendants admitted that the
Abbot had right of common in the waste of West Bromwych, but stated that
the manor of West Bromwych formerly belonged to Richard the father of
Margaret, and of Sarra the mother of Walter, and that Richard had held the
manor in severalty all his life, and after his death the defendants held it in
the same way, and they appealed to a jury. The jury say that the Abbot
never was seised of common of pasture in the said vill as appurtenant to his
free tenement. m. 25.
An assize, etc., if William Wyther and Orabel his wife, Anketine de la
Warde, Phillip de Draycote, Richard de Wytmore, Richard de Bokenhale,
and fifteen others named, had unjustly disseised John de Underwode of
Kyngesleghe Bothes of common of pasture in one hundred acres of heath in
Kyngesleghe Bothes. The defendants pleaded that Kyngesleghe Bothes is
neither a vill, a borough, nor a hamlet, and they stated that the said
Anketine de la Warde and Philip de Draycote are the lords of the manor of
Kyngelegh, and had approved the heath according to the Statute, and as was
lawful, and they appealed to a jury. The jury found that the defendants had
disseised John of common of pasture in sixty acres of the heath. m. 25.
An assize, etc., if John Giffard of Chylinton had unjustly disseised
William de Onecote of common of pasture in twenty acres of waste in
Walton appurtenant to his tenement in the same vill.
John stated he was capital lord of Walton, and had lawfully approved the
heath and waste according to the Statute, and that William had sufficient
pasturage for his tenement, and he appealed to a jury, which found in his
favour. m. 25, dorso.
Henry de Waleton sued Roger de Verdun for a messuage and a virgate
of land, and 4s. of rent in Aston near Stanes, which Henry de Verdun junior
had given to Geoffrey de Waleton and Petronilla his wife and heirs of their
bodies, and which after the deaths of Geoffrey and Petronilla should have
descended to him as their son and heir, per formam donationis.
Roger defended his right, and stated that the writ in question which had
been provided by the last Statute of Westminster, (fn. 19) referred only to alienations
made after the date of the Statute, and that Geoffrey and Petronilla had died
long before the making of the Statute. Henry admitted this to be true, but
stated that they had never alienated the land, and the Statute therefore
applied. Judgment was given in favour of Roger on the point of law,
because the writ was framed to recover lands alienated, and Henry acknowledged that Geoffrey and Petronilla were never in seisin of the tenements
after the passing of the Statute. m. 25, dorso.
An assize, etc., if Edith formerly wife of William le Ken and William son
of William le Ken had unjustly disseised William son of Robert de Caverswell of his common of pasture in five acres of moor in Caverswell. A concord
was made by which the common of pasture was conceded to William son of
Robert. m. 25, dorso.
Ralph son of Robert de Pendeford was summoned by Adam son of Adam
Dilbard of Hattone to warrant to him an acre of meadow in Covene, for
which he holds his deed, and for which one William son of Nicholas was
suing him. Ralph appeared and warranted the meadow to him. m. 25,
dorso.
Roger de Peulesdon and Joan his wife sued the Prior of Stanes for ten
acres of meadow in Stanes, as the right and purparty of Joan, and they say
that one Robert her ancestor was seised of the tenement in the time of King
Richard, and from Robert the right descended to one Ivo as son and heir,
and from Ivo to Robert as son and heir, and from Robert to Joan, who now
sues as his daughter and heir. The Prior denied the seisin of Robert the
ancestor, and put himself on a Great Assize, and gave half a mark for
mention of the date of seisin, and William Trumwine, William de Stafford,
Robert de Standon, and John de Herunvile, four Knights, came and elected
the following (to form the jury), viz., Robert de Hastang. Robert de Knytheleye, Ralph Basset of Sapecote, John Gyffard of Chelinton, Hugh de Weston,
Henry de Cressewalle, John fitz Philip, John Douly (D'Oilli), Adam de
Brumton, Henry Mauveysin, Robert de Dutton, and Geoffrey de Gresseleye,
Knights. A concord was afterwards made. m. 26.
The Sheriff of York had been commanded to summon for this day, viz.,
the Octaves of the Purification, Edmund de Percy and Joan his wife, to sue,
together with Richard de Goldisburgh and Alesia his wife, if they wished,
John Doyli, in a plea that he should render to them a messuage, two caru
cates, and fourteen virgates and a half of land, four acres of meadow, and
twenty acres of wood in Ronton, Milmes, and Little Wyrleye, in this county,
of which Roes Doyly the grandmother of the said Alesia and Joan, whose
heirs they are, was seised as of fee, etc., when she died, and the Sheriff had
done nothing in the matter. He is therefore commanded as before, and to
summon them to be at Westminster at three weeks from Easter. m. 26.
Reginald son of John de Charneres (Charnes) recovers ten acres in Chavernes
and Whytinton from Robert de Whytinton by a writ of mort d'ancestor. m 26.
An assize, etc., if the Prior of Stanes and three others named had unjustly
disseised Roger de Peulesdon and Joan his wife of common of pasture in
eight acres of heath in Waleton. The defendants stated that Roger and Joan
never had common of pasture in the heath, but only a right of way for their
cattle; but the jury found in favour of Roger and Joan. The Prior afterwards
gave 20s. for a jury of twenty-four to convict the last jury of a false verdict.
m. 26.
Ralph de Wasteneys and Beatrice his wife sued Robert le Champion for
a third of twelve acres of land in Little Sardon as the dower of Beatrice, of
the dotation of Robert de Whyston formerly her husband. Robert called to
warranty Robert de Wyston, who warranted the land to him, and acknowledged
the right of Beatrice to dower. Beatrice is therefore to be compensated by
Robert de Whyston. m. 26, dorso.
An assize, etc., if Roger le Fevere the father of Alda the daughter of
Roger le Fevere of Ronton was seised, etc., of a messuage and eighteen acres
of land in Ronton when he died, which Emma formerly wife of Bertram de
Burgo and Lucas le Hore hold. Emma stated she alone held the tenement
in dower of Bertram son of Bertram de Burgo, and she called Bertram to
warranty, who came and warranted the tenement to her, and stated that
Roger was not seised of it when he died. The jury find in favour of Alda,
who recovers seisin, and Emma is to be compensated from other land belonging
to Bertram. m. 26, dorso.
Geoffrey Griffin sued Nicholas de Thyknes for twenty acres of land in
Clayton Gryffin, and Felicia formerly wife of William Swan for three acres in
the same vill, in which they had no entry except by Ralph de Thyknes to
whom Edmund the King's brother had demised the tenements, and who had
unjustly disseised Geoffrey Gryffin the father of Geoffrey whose heir he is.
Nicholas and Felicia called to warranty Edmund the King's brother, who
appeared by attorney and warranted their tenements to them. A concord
was made, and Edmund gave half a mark for license of concord and had a
chyrograph. m. 26, dorso.
John the Prior of Stanes sued the Dean and Chapter of Saint Mary of
Stafford for a carucate of land and four acres of meadow in the vill of Castle
(Castello) near Stafford, in which they had no entry except by Henry de
Wengham, junior, who had unjustly disseised Humphrey formerly Prior of
Stanes, his predecessor. The Dean and Chapter defended their right and
stated that Simon de Ofhani formerly Dean of the said Church had demised
the tenements to the said Henry for the term of his (Henry's) life, and they
had reverted to the Chapter after Henry's death. The jury say that King
Henry the father of the present King by his attorney Adam Wymer had
recovered the advowson of the Church of Castle as the right of his free
Chapel of St. Mary of Stafford against Humphrey the predecessor of the
Prior, for which the said Simon de Ofhani then Dean of the Chapel conceded
the fruits of one year to the said Adam for his labours; and Simon afterwards
demised the tenements to Henry de Wengham, junior, to hold, etc. (for his
life), and after his death they had reverted to the said Chapter. Verdict for
the Dean and Chapter. m. 26, dorso.
John de Tresel sued Richard de la Grene, Henry his son, Richard de
Brok, Robert de Gravenovere, Roger of the same, Richard the Provost of
Claverley, and fifty-three others named, for breaking down his fences at
Tresseleye (Trysull) vi et armis, and for which he claimed £10 as damages.
None of the defendants appeared, and the Sheriff returned they were not
resident in his county, but in co. Salop. The Sheriff of Salop is therefore
commanded to arrest them and produce them at Westminster on the Morrow
of the Ascension. m. 26, dorso.
An assize, etc., if Thedisius de Camill Dean of the Church of St. Peter of
Wolverehampton, Andrew de Gevene, and another, had unjustly disseised the
Abbot of Crokesdene of four acres of wood in Ocke (Oaken). Andrew de
Gevene the Bailiff of the Dean appeared for him and the other defendant,
and stated that the tenements were in Clodeshale (Codsall), which is a
member of Wolverehampton, and not in Oke; and if they were in Oke, he had
found his Church seised of them, and he appealed to a jury. The Abbot
stated he was in seisin of the tenements until ejected vi et armis by the
defendants. The jury say the tenements are a certain place (placea) called
Stryvesmore, in Oke and not in Codeshale, and the Dean and the others had
unjustly disseised the Abbot of them. The Abbot is therefore to recover
seisin and 10s. as damages. m. 27.
An assize, etc., if Theobald de Verdun, Henry de Verdun, and Amice
formerly wife of Henry de Verdun, had unjustly disseised Richard de
Caverswall and William Coyne (Coyney) of thirteen and a half acres of heath
in Holm under Kevermund. Richard and William afterwards withdrew
their writ, and an agreement was made by which Theobald and Henry
conceded to the said Richard and William and their heirs twenty royal acres
(acras regales) of the waste between Hulm Weston and Bukenhale, of which
ten acres lie between the field of Robert Serle and the field of Richard de
Adderdele, etc., and for which concession Richard and William remitted their
claim to the heath in question. m. 27.
An assize, etc., if Robert son of Ivo the father of Joan the wife of Roger
de Pywelesdon was seised as of fee, etc., of twenty acres of land in Aston near
Stanes when he died, and which the Dean and Chapter of St. Mary of Stafford
hold. The Dean and Chapter stated that one Magister Ralph of Oxford,
Sub-Dean of their Church, held the tenements in question for term of his life,
annexed to his Prebend of Wytegreve belonging to the said Church, and that
one Magister Adam de Philiby, the predecessor of the said Sub-Dean during
his time had held the same tenements annexed to the same Prebend. As Roger
and Joan could not deny these facts, the suit was dismissed. m. 27.
Agnes formerly wife of Thomas de Ferrars sued Roger de Vernay for a
third of twenty-one acres of land in Great Lockesleye, and she sued Margaret
de Ferrars for a third of a messuage and four bovates and thirteen acres of
land, and Robert de Caverswall and Margaret his wife for a third of three
bovates and nineteen acres of land, and sixteen other tenants for a third
of their holdings in the same vill as her dower. And she sued Magister John
de Verney for a third of three acres of meadow in Uttokeshather (Uttoxeter),
and Robert de Warilowe for a third of four acres in Little Lockesleye, and
William de Leyes and Agnes his wife for a third of a messuage and two
bovates of land in the same vill as her dower. Some of the tenants concede
the claim, and others called to warranty Thomas the son and heir of
Thomas de Ferars, who is under age and in ward to Agnes the plaintiff, and
part of whose land in this county and in co. Derby is in the custody of Robert
le Venur by the demise of Edmund the King's brother. And Robert de
Cavereswell and Margaret his wife state that Thomas de Ferars had given to
the said Margaret three bovates and six acres of land to be held by the
said Margaret and heirs of her body, and if she should die without leaving
issue, to revert to the said Thomas and his heirs; and William de Leyes and
Agnes his wife state that the said Thomas de Ferars had given the land they
held to one Richard son of Philip de Milnehus, the first husband of the said
Agnes, and to the heirs of their bodies; and if they should die without such
heirs, then to revert to Thomas and his heirs; and they called to warranty the
heir of the said Thomas. The jury found in favour of Agnes. m. 27, dorso.
Geoffrey de Chanvill had sued elsewhere Richard de Vernun for two acres
of meadow in Clifton-Chanville of which Geoffrey his grandfather had been
seised in the time of King Henry the King's father; and from Geoffrey the
right descended to one William as son and heir; and from William to Geoffrey
who now sues as son and heir. Richard denied that Geoffrey the grandfather
had died seised of the tenement, and appealed to a jury, who had found a
verdict in his favour, 20 E. I., before the Justices assigned to take the assize
at Lichfield. And the parties were summoned to this Iter (to hear judgment);
and now the said Geoffrey appeared, and Richard did not appear; and it was
testified that he was in prison. The suit is therefore to remain till he is
released. m. 28.
Henry de Verdun and Philip de Braal sued the Abbot of Cumbermere for
the manor of Erlyde (Yarlet). The Abbot appeared, and a concord was
made by which the said Henry and Philip acknowledged the manor to be
the right of the Abbot and his Church of St. Mary and St. Michael of
Cumbermere, and the Abbot acknowledged he owed the said Henry 100
marks. m. 29.
William son of Griffyn acknowledged he owed Robert de Staunton
Standon) £33. (fn. 20) m. 29.
Alan de Glaseleye and Henry de Haggeley were summoned by Thomas
Corbet of Tasseleye in a plea that they should give up to him a certain
obligatory writing which they unjustly detained; and he stated that it had
been agreed between him and John de Wanton on one part, and John son of
John fitz Philip on the other, on the day of St. Cecilia, 15 E. I., that the said
John fitz John by the arbitrament of Sir Roger Lestrange should give
security to the said Thomas and John de Wanton that he would not alienate
any of the lands and tenements of which he was then seised, and which should
descend in their integrity to the said Thomas and John de Wanton his kinsmen and heirs; and the said Roger Lestrange afterwards ordained that the
said John fitz John should fully enfeoff the said Thomas and John de Wanton
of all the lands and tenements of which he was seised at that date, and that
the same Thomas and John de Wanton after their seisin should conjointly
re-enfeoff the said John fitz John of the same tenements to hold for his life,
and after his death to descend to Thomas and John de Wanton and their
heirs. And the said John son of John by this arbitrament had bound himself in a sum of £40 to be paid to the said Thomas unless he carried out this
agreement before the following Easter; and the deed was given into the
custody of the said Alan and Henry to be delivered to the said Thomas
unless John son of John carried out the engagement; and the said Alan
and Henry now detained the deed against the terms of the said agreement,
and for which they claimed £40 as damages.
And Thomas produced the deeds of John son of John fitz Philip and of
Roger Lestrange which testified to the said convention, etc.
Alan and Henry acknowledged the deed had been handed to them as
stated, and they were ready to give it up if the Court decided to that effect;
but John son of John appeared and objected on the ground that he had
enfeoffed the said Thomas of a part of certain tenements belonging to him according to the tenor of the convention, but he held other tenements of the King
in capite, and without the King's permission he could not make further feoffments to Thomas; and being asked by the Court if he had any other reason to
give why the scriptum obligatorium should not be delivered to Thomas, replied
he had not. It was therefore considered that it should be given up to
Thomas. A postscript states a writ was received from the Lord the King
commanding the record and writ together with the original writ to be sent to
him. m. 29.
Ralph de Bisseburi appeared before the Justices and acknowledged that
he claimed nothing as regarded the wardship of Richard son and heir of
Richard de Bures by reason of the tenements which descended to the said
Richard by the death of his father Richard de Bures in Penne, saving to himself at any other time any action he may have in the same (salva sibi alias
actione si quam habeat in eâdem). m. 29.
An assize, etc., if Geoffrey de Waleton and Geoffrey his son, Gilbert de
Aston, Henry de Aston, Hugh de Wendoure, and Adam de Burgheston, had
unjustly disseised Joan the wife of Roger de Pywelesdon of her common of
pasture in three acres in Aston near Stanes appurtenant to her free tenement
in the same vill. Gilbert only appeared, and the assize was taken in the
absence of the other defendants; and Gilbert stated that a certain Geoffrey his
grandfather held the said meadow in severalty all his life, and after his death
Geoffrey his son father of Gilbert held it, and he appealed to a jury. The jury
say that Joan was in seisin of common of pasture in the land in question until
Adam de Burgheston had unjustly disseised her. m. 29, dorso.
N.B.—The next eight membranes of this Roll contain the Quo Warranto
Pleas, which have been printed in full by the Record Commission. It is
proposed therefore to give an abstract only of these pleas, which will serve as
an index to them, and likewise to correct a few misreadings of names of persons
and places which occur on the printed Rolls.
Alianora Countess of Ferars was summoned to show her warrant for
holding pleas of the Crown in Yoxhale and Certele (Chartley), and for a fair,
free warren, market, gallows, and wayf in the same places. The Countess
stated she held the manors in dower of the inheritance of John de Ferrars,
who is under age and in ward to the King. The suit to remain till full age
of John. m. 30.
The Abbot of St. Ebrulf being summoned, stated he claimed no franchises
within his manor of Great Onne. m. 30.
The Prior of Tuttebury claimed free warren in Tuttebury by Charter of
King Henry III., and view of frankpledge of his tenants twice a year, and
disavowed all claim to any other franchises. m. 30.
Geoffrey de Graselegh (Gresley) claimed two free courts annually in
Kingston, and the right to hear the same pleas in them as the Sheriff heard
in his tourns, and to have gallows. The King's attorney disputed his right
to these franchises; and Geoffrey appealed to a jury, which stated that his
ancestors from time out of memory had held them. m. 30.
The Prior of Trentham was summoned to show his right to the manor
and advowson of Trentham, and produced a charter of King Henry II.,
granting to John his predecessor the Church of Trentham, and appealed to a
jury respecting his right to the manor. The jury found in his favour. m. 30.
John fitz Philip claimed to have in Kynefare two free courts annually
and to hear in them the same pleas as the Sheriff heard at his tourns, and to
have wayf and gallows; and he produced a charter of King Richard
confirming to his ancestor Philip fitz Holegod the vill of Kynefare and the
custody of the forest for £9 annually; and he stated that he and his ancestors
had held the said franchises ever since, and appealed to a jury, which found
in his favour. He also claimed a fair and market by a grant of King
Henry III., which he produced, and they were allowed. m. 30.
Angnes de Somery was summoned to show her right to hold pleas of the
Crown, and to have free warren, fair, market, gallows, and wayf in her
manors of Honeworth (Handsworth) and Roulegh (Rowley Regis); and
stated that as regards the first manor she held it in dower of the inheritance
of John son and heir of Roger de Somery, who was under age and in ward to
the King, and that Roger de Somery her husband had held the manor of
Roulegh by a demise made to him for a term of sixteen years by one
William de Eclingge, and Roger had left his interest in it to her by will.
m. 30.
Roger the Bishop of Coventry and Lichfield was summoned to show his
right to the manors of Canokburi and Ruggele, but the suit was transferred
to be heard before the King. m. 31.
The same Bishop was sued by the King for the advowson of the Church
of Alrewas and the Chapel of Brumle. A jury found in favour of the Bishop.
m. 31.
Richard de Loges was sued by the King for the manor of Great Wyrleye,
excepting three messuages and a virgate of land, and an acre and a rood of
meadow. The jury to whom Richard had appealed stated that Hugh de
Loges the father of Richard held the manor of Great Wyrleye and the Forest
of Canoc, and that Hugh had been imprisoned in London for taking venison
within the forest, for which cause the King had taken the forest into his
hands; and afterwards at the intercession of William formerly Earl of
Warwick, Hugh was released on bail till the next Parliament; and at that
Parliament Hugh gave up to the King the said bailiwick together with the
wood of Gaueley, and subsequently made a fine with the King of £100 for
his transgression, for which the King gave him back the said manor, but
retained in his hands the bailiwick and forest; but whether there was any
judgment against Hugh in the King's Court they are ignorant. The King's
attorney asked for the case to be referred coram Rege for an inspection of
the Rolls of Parliament. m. 31.
The King sued John the Archbishop of Dublin for the advowson of the
Church of Pencryz. The Archbishop asked for an inspection of the
Chancellor's Rolls of 17 John, which would show his title, and the suit was
adjourned to Westminster. m. 31.
The Dean and Chapter of Pencryz were summoned to show by what
warrant they claimed to hold pleas of the Crown and other franchises in
Pencryz and Mere, and stated they claimed no franchises in Mere, but they
claimed in Pencriz view of frankpledge, fines for infractions of the assize of
bread and beer, and infongenthef with the mainour (cum manuopere). (fn. 21)
Adjourned to be heard coram Rege. m. 31.
The Prior of Stanes (Stone) on being summoned stated he claimed to hold
no pleas of the Crown in Stanes, Stokes, and Stalinton, but he produced a
charter of King Henry III. granting his predecessor and his successors free
warren in Stanes and Stalinton, and a weekly market and a yearly fair in
Stanes; and as regarded gallows, he stated that his Church of Stanes is a cell
of the Priory of Kelynworthe, and that King Henry the great grandfather
(proavus) of the King had conceded to the Church and Canons of St. Mary of
Kelyngworth that they should hold the manors of Stanes, Stoke, and
Stalinton with soc and sac, tol, theam, and infongenthef, and they produced
the King's charter to that effect; and as regarded wayf, they stated they
made no claim to it. m. 31.
Richard de Loges puts in his place Richard his son or Thomas de
Benteley versus the Lord the King in a plea of land. m. 31.
The King by his attorney Hugh de Louther recovered the bailiwick of
the Hundred of Pyrehull from Geoffrey Gryffin, Geoffrey not being able to
produce a grant which made it hereditary in his family. m. 31, dorso.
The Prior of St. Thomas near Stafford disclaimed any franchises in his
manors of Cotes, Orberton, Hopton, Frodeswall, Drengeton (Drineton),
Heywode, La Lee, Colton, Whytegreve, Mere, Drayton, Stolben, Acton,
Pendeford and Scradecote, excepting free warren, for which he produced a
charter of the present King. m. 31, dorso.
The Prior of Trentham claimed free warren in Elkedon, Trentham, and
Le Wal, and two courts yearly in them, in which all pleas might be heard
which the Sheriff heard in his tourns; and he claimed to have gallows and
wayf in the manor of Trentham. The King's attorney disputed his right
to gallows and wayf, but a jury found in favour of the Prior, stating his
predecessors had held those franchises in Trentham from time out of memory.
m. 31, dorso.
Geoffrey de Camville claimed view of frankpledge, and to hold the same
pleas in them as the Sheriffs heard twice yearly in his tourns, and free
warren, gallows, and wayf in the manor of Clyfton. The King's attorney
disputed his right to these franchises, but a jury found in his favour. m. 31,
dorso.
Walter de Beysyn disclaimed any right to hold pleas of the Crown or
other royal franchises in Scuston (Shuston) and Asselegh (Ashley). m. 31,
dorso.
The King sued John son of John fitz Philip for the advowson of the
Church of Kynefare; but the case was adjourned to the next Parliament.
m. 32.
The King sued the Bishop of Coventry and Lichfield for the advowson of
the Church of Gnoushall, but a jury found in favour of the Bishop. m. 32.
Nicholas de Audithele claimed free warren in the manors of Enedon,
Aldythele (Audley), Bettelegh, Tunstall, Cesterton (Chesterton), Horton, and
Alstanfeld by a charter of the King's father to James de Aldythele his
ancestor; and he claimed to have in Enedon (Endon), Aldythele and Bettelegh
view of frankpledge, assize of bread and beer, (fn. 22) wayf and infangenthef. The
King's attorney disputed the latter franchises, but a jury found that he and
his ancestors had held them from time out of memory.
He also claimed to hold the same franchises in Horton, because Hervey
de Stafford, whose status he held in the manor, and from whom he derived
his title, formerly held them; and he called to warranty Edmund the son of
Nicholas de Stafford, the heir of the said Hervey, who was under age.
Adjourned to the full age of the heir.
He also claimed view of frankpledge, assize of bread and beer, and wayf
in Tunstall, and stated that Engenulph de Greseley and Edelina his wife
had given the manor to one Adam de Aldythele his ancestor, and that
Engenulph and Aelina his wife had held those franchises from time out of
memory. The King's attorney disputed his right, but a jury found in his
favour.
He also claimed a fair and market in Bettelegh (Betley) by a grant made
to his ancestor Henry de Audelegh by King Henry III., and it was allowed
him. And as regarded the manor of Chesterton he stated that Ela formerly
wife of James de Aldithelegh held it in dower. m. 32.
Roger the Bishop of Coventry and Lychfeld produced a charter of King
Henry III., granting him and his successors free warren in all his demesne
lands in the manors of Lychfeld, Heywode, Langedon (Longdon), Ruggele,
Berteleswych, Canokeburi (Cannock), Ecclishale, and Brewode, and a fair
every year at Ecclishale, and a weekly market and a yearly fair at Brewode;
also a weekly market at, and yearly fairs at Ruggele and at Canokburi.
He also produced a charter of King Richard granting to Bishop Hugh his
predecessor a weekly market every Sunday at Eccleshale, and likewise tol
and Them, sok and sak and infangenthef, and the ordeals of water and fire
and duel. He also produced another charter of the same King, granting to
his predecessor the vills of Ruggele and Kanock with their Churches and
Hundreds, and all liberties, and with sok and sak, thol, Them, and infangenthef.
All the above franchises were conceded to the Bishop by the King's attorney,
except the weekly market at Eccleshall, where the Bishop claimed a market
on a week day, and the King's grant specified Sunday for it.
The Bishop also claimed a weekly market and yearly fair at Lichfield, and
view of frankpledge, infangenthef, wayf, and pleas of forbidden distress
(de vetito namio) in Lichfield, Brewode, and Heywode, without a King's writ
(i.e., by prescription); and he stated that Langedon (Longdon), Fyshereswyke,
Horton, Wytinton, Pakynton, Hyntes, Typinton (Tipton), Weford, Freford,
Honeswych (Hammerwich), and Pype, Little Wyrle, Hondesacre (Handsacre),
Haselouere (Haslor), Stottesfeld (Statfold), Tamenore (Tamhorn), and Horeburne (Harbourne), appear yearly at the said view of frankpledge; and he
claimed to have in Canok and Ruggele, wayf, and pleas of forbidden distress
by prescription (sine breve); and he produced a charter of King Richard, in
which was recited the tenor of a charter of King Henry the King's great
grandfather, by which King Henry conceded that Walter the Bishop of
Coventry his predecessor should have soc and sac, tolm, them, and infangenthef, and halimote in all his lands, as fully and as peaceably as his Church
had held the same liberties in the time of King Edward and Earl Leoric,
and the same as the charter of King Henry the grandfather of the said
King Henry testified that Robert the Bishop had deraigned in the Curia
Regis at Portesmund. And he produced another charter of King Richard
granting to his predecessor Hugh and to his successors that all his manors
men (i.e., tenants), of his Churches, should be for ever free, and quit of fines
for murder or larceny, and from suit to County or Hundred, and from the
Sheriff's aid, and from Forest Pleas, and from all works for the King's castles,
vivaries, etc.
The King's attorney disputed the Bishop's claim to wayf; and as
regarded the other liberties stated they had been usurped by the Bishops
since the reign of King Richard, and appealed to a jury. The jury found in
favour of the Bishop, except for pleas of forbidden distress, and the questions
of wayf and market at Eccleshall (being a question of law), were referred to
be argued coram Rege. m. 32, dorso.
The King sued the Dean and Chapter of Lychfeld for the advowson of
the Church of Arnle (Arley). The Chapter produced a fine levied 44
Henry III., by which the King had remitted his claim to it. m. 33.
The King sued William Russel by writ of right for the manor of
Bradewall, excepting seven bovates of land and six of meadow; and he sued
Thomas le Forester for four bovates of land in the same vill, and John de
Knotton for three bovates, and Nicholas de Alvidelegh (sic) Audley for six
acres of meadow in the same vill, of which King Henry the King's great
grandfather had died seised. Thomas and John called to warranty William
Russel, who appeared and warranted their tenements to them; and William
Russel called Nicholas de Aldythelegh to warranty for all the land claimed,
who warranted it to him, and appealed to a Great Assize, which found in his
favour. m. 33.
Walter de Hopton was summoned to make good his claim to hold pleas of
the Crown and other franchises in Tyrle (Tirley), Alkmynton (Almington),
Blore, Hales (Sheriff Hales), and Knolles, but pleaded he only held the
manors for his life by the courtesy of England (fn. 23) of the inheritance of William,
brother and heir of Gawen le Botiler, who was under age and in ward to the
King. m. 33.
The King sued Edmund brother of the King for the advowson of Stoke
near Newcastle-under-Lyme, and stated that King Henry the King's father
had been seised of it. Prince Edmund admitted this, but stated that Stoke
was within the manor of Newcastle-under-Lyme, and that King Henry had
given that manor to him, with the castle and all advowsons appurtenant to
it, and he appealed to the Chancellor's Rolls of 56 H. III. Adjourned to be
heard coram Rege. m. 33.
The King also sued his brother Edmund for the advowson of the Church
of Wolstaneston. Prince Edmund made the same statement as in the case of
Stoke, and the decision is the same. m. 23, dorso.
Theobald de Verdun was summoned to show by what warrant he claimed
to hold pleas of the Crown, and to have free warren, fair, market, gallows,
toll and wayf, in Chetelton, Alveton, Bredeleye, and Kyngesle. Theobald
stated that Bredley (Bradley on the Moors), and Kyngesle were members of
his manor of Alveton, in which manor and its members he claimed view
of frankpledge, infangenthef, gallows, market, fair, warren, and wayf by
prescription, and that the vills of Bredelee, and half of Knyghtelee (sic,
Kingsley) appeared at his view of frankpledge at Alveton, and he claimed
no liberties in the vill of Chetelton. The King's attorney disputed Theobald's
claim, and appealed to a jury, which stated that Berdele (sic, Bradley) and
half of Kyngele were members of the manor of Alveton, and that Theobald
and his ancestors from time out of memory had held the above franchises.
m. 33, dorso.
Adam de Brynton and Mary his wife were summoned to show by what
warrant they claimed to hold pleas of the Crown and other franchises in
Chirche-Eyton and Wode-Eyton. Adam stated that Mary claimed nothing
except as his wife, and he claimed none of the liberties specified. They
therefore remain to the King. m. 33, dorso.
Thomas Corbet was summoned to show by what warrant he claimed to
hold pleas of the Crown, and to have free warren and wayf in his manor of
Kynges Bromlegh. Thomas stated he made no claim to hold pleas of the
Crown or to warren, but he claimed assize of bread and beer, and view of
frankpledge and wayf, and that King John had given and conceded the
whole manor of Bromlegh to one Cecilia de Hedlegh and her heirs (whose
heir he is), to be held with the same liberties as he or any of his ancestors
had held it. The King's attorney stated that the liberties claimed could not
be held unless special mention was made of them in the deed of gift, and the
case is adjourned to be heard coram Rege. m. 34.
Richard de Vernon was summoned to answer by what warrant he claimed
to hold pleas of the Crown, and to have free warren, gallows, and wayf in
his manor of Herleweston (Harlaston); Richard did not appear, and it was
testified that he was in the King's prison in co. Cumberland, and that all his
goods and chattels were in the King's hands. m. 34.
Richard de Pyrye was summoned to answer by that warrant he claimed the
same franchises in Pyrie (Perry Barr). Richard appeared and stated he
claimed none of them. m. 34.
The Prior of Calewyz (Colwich) disclaimed the same franchises in his
manor of Adelaxton (Ellaston). m. 34.
Ralph Basset disclaimed the same franchises in Chedele (Cheadle), except
free warren, which he claimed by a charter of King Henry III. to his father
Ralph, granting him free warren in all his demesne lands in Languet and
Chedle; and he claimed a market and fair in Chedle by a grant of the same
King, which he produced. m. 34.
Thomas de Hamsted on being summoned disavowed all claim to any of
the above franchises in his manor of Hamsted. m. 34.
Robert de Melborne likewise disavowed all claim to any of the above
franchises in his manor of Horecros. m. 34.
The Prior of Runton (Ronton) disavowed all claim to the same in his
manor of Dulverne (Dilhorn). m. 34.
The King sued the Abbot of Deulacres for the manor of Lek, of which
King Henry his great grandfather had been seised, etc. The Abbot
appealed to a Great Assize, which found in his favour, the jury stating
Henry the King's grandfather never was seised of the manor. m. 34.
Nicholas de Audelegh, Hugh le Despencer, William de Stafford, Roger de
Littleburi, Robert de Wymynton (Wilbraham), David de Haselwell, Margaret
de Hogelegh, and Robert le Grant Venur (Grosvenor), were summoned to show
by what warrant they claimed free warren, fair, market, and wayf in Alstanefeld. The defendants all appeared except Robert de Wymyngton, who was
dead, and they stated that they held the said manor with all its liberties
conjointly with Richard the son and heir of the said Robert de Wymyngton,
who was under age, and without whom they cannot answer. The suit is
therefore to remain. m. 34.
The King by his attorney sued William de la More for a mill and a
virgate of land in Pencriz of which King Henry his great grandfather had
been seised, etc. William appealed to a Great Assize, which found in favour
of the King, who recovers seisin. m. 34.
The King sued Hugh le Blund for a messuage and two carucates of land
excepting sixty acres of land and six of meadow in Pencriz, of which King
Henry, etc. (as before). Hugh stated that one Walter Huse had given all the
land of Pencriz to his father Andrew le Blund, whose heir he is, and he
called to warranty John the son and heir of John Huse, who is under age.
The King's attorney stated that John son of John Huse was of full age,
and the suit is adjourned to Westminster, when John is to appear before the
Court. m. 34, dorso.
Hugh le Blunt was summoned to show by what warrant he claimed to
hold pleas of the Crown, and to have free warren, market, fair, gallows and
wayf in Pencriz. Hugh disavowed all claim to pleas of the Crown, warren,
or wayf, but claimed a market by a charter of King Henry to Andrew le
Blund, which he produced; and he claimed a fair, gallows, and infangenthef as
annexed to the manor from time out of memory. The King's attorney disputed the claim, and the suit was adjourned to be heard coram Rege on the
morrow of the Ascension. m. 34, dorso.
The Abbot of Deulacres was summoned to show his warrant to hold pleas
of the Crown and to have free warren, market, fair, gallows, and wayf in
Lek.
The Abbot disavowed all claim to hold pleas of the Crown, and as
regarded the other franchises stated that King John had granted to Ralph
the Earl of Chester and to his heirs a weekly market, and a yearly fair in
Leek, and that he and his predecessors held the manor by the gift of the said
Ralph; and he claimed free warren by a charter of the present King, which he
produced; and as regarded infangenthef, gallows, wayf, and view of frankpledge, he stated that the said Earl had given the manor to his House with
all liberties, etc., and that this gift had been confirmed by King Henry the
King's father. The King's attorney disputed that such franchises could be
conferred by implication in this manner, and the cause was adjourned to be
heard coram Rege at the date named above. m. 34, dorso.
John de Hastingge was summoned to show his warrant to hold pleas of
the Crown, and to have free warren, fair, market, gallows, and wayf in
Thamewourthe and Wygynton. John stated that the manor of Tamworth
and Wygynton with all franchises had been given to him in exchange for his
purparty of the county of Chester, and they were allowed to him. (fn. 24) m. 34,
dorso.
The Prior of Lappeleye was summoned to show his title to hold pleas of
the Crown, and to have free warren, fair, gallows, and wayf in his manors of
Merston (Marston), Lappeleye, Hydeslond, and Aston; and stated that he
claimed no franchises in Merston except free warren by charter of the present
King, which he produced; and that Hydeslond and Aston were members of the
manor of Lappeleye, in which he claimed view of frankpledge and gallows
from time out of memory. The King's attorney disputed this claim, and
appealed to a jury. He afterwards withdrew his opposition to the claim of
view of frankpledge, because it was testified by the Sheriff that he received
annually 5 marks from the Prior for view of frankpledge. As regarded free
warren, the Prior produced a charter of the present King, granting him and
his successors free warren in all his demesne lands of Lappelee, Merston,
Hudeslond, and Aston, a weekly market in Aston, and a yearly fair, and they
were allowed to him. m. 34, dorso.
Robert de Somervile was summoned to show his title to hold pleas of the
Crown, and to have free warren, market, fair, gallows, and wayf in his
manors of Wychenovere, Sidecote (Sirescote) and Alrewas. Robert stated
he claimed free warren in all the above vills by a charter of the present
King, which he produced; and he claimed in Alrewas a weekly market and
yearly fair by a charter of the same King, which he produced; and he claimed
in the same manor two free Courts yearly, and to hear in them the same pleas
which the Sheriff heard in his tourns; and he claimed also infongenthef,
gallows, and wayf in the same manor, because at the time King John gave
the manor to his ancestor Roger de Somerville all these franchises were
appurtenant to the manor. The King's attorney stated that these franchises
could not be claimed as appurtenant to a manor, and that it was necessary to
show special warrant for them, and the cause was adjourned to be heard
coram Rege on the morrow of the Ascension. m. 35.
The King sued Joan de Mortayn, Ralph le Botiler and Matilda his wife,
and Alexander de Fryville and Joan his wife for the advowson of the
Prebends of the Church of Tamewourth, of which King Henry the great
grandfather of the King had been seised, etc. The defendants stated that
one Philip Marmioun the common ancestor of the said Joan, Matilda, and
Joan had four daughters, viz., the said Joan, Matilda, Maziria the mother
of Joan wife of Alexander, and one Joan the sister of the said Joan, Matilda,
and Mazera, who was a co-heir of the inheritance of Philip, and was under
age and in ward to the King, and they could not answer to the writ without
her. The suit is therefore to remain till full age of said Joan. m. 35.
The King sued the Prior of Trentham for a messuage and two carucates
of land in Clyton Gryffyn, and Albreda formerly wife of Bertram
Gryffyn for a messuage and a carucate of land in the same vill which King
Henry the King's father had given to Ralph formerly Earl of Chester and
heirs of his body, and which should revert to the King by the form of donation, inasmuch as the said Earl died without leaving issue.
The Prior and Albreda called to warranty Geoffrey son and heir of
Bertram Griffiyn, who warranted their tenements to them, and stated that
King Henry never was in seisin of them, and had never enfeoffed Earl Ralph
as affirmed, and appealed to a jury. The jury find in favour of Geoffrey.
m. 35.
Walter de Evereus was summoned to show his title to hold pleas of the
Crown, and to have free warren, fair, market, gallows and wayf in his
manor of Bromwich (West Bromwich). Walter pleaded he could not answer
to the writ without Margaret the wife of Richard de Marnham his coparcener in the inheritance of Richard fitz William, and Richard and
Margaret appeared and disclaimed a fair and market, but stated they claimed
view of frankpledge, infongenthef, gallows, and wayf in the said manor
by prescription. The King's attorney disputed their right, but a jury found
in their favour. As regarded free warren, Walter stated that King Henry
the King's father had granted to Walter de Evereus his father and to his
heirs, free warren in all his demesne lands in Bromwich, and he produced the
King's charter. The question of wayf was adjourned to be heard coram
Rege. m. 35.
The King sued the Abbot of Halesoweyn for the advowson of the Church
of Waleshale, and of the Chapel of Wodnesbury, of which King John had
been seised, etc. The Abbot stated that King Henry the King's father had
given the advowson of the Church of Waleshale to Richard the Abbot his
predecessor, and that the Chapel of Wodnesbury was appurtenant to the
Church of Waleshale. The King's attorney denied that Wodesbury was a
chapelry of Waleshale, and appealed to a jury; which stated that Wodnesbury
was a mother Church. The King is therefore to recover seisin of it. m. 35.
John de Tresel was summoned to show his title to hold pleas of the
Crown, and to have free warren, fair, etc., in his manor of Tresel. John
stated he claimed in the said manor a market and fair granted by a charter
of King Henry the King's father to Thomas de Tresel his ancestor, and he
produced the charter, and he stated he claimed to have assize of bread and
beer by reason of the said market, and that he claimed no other franchises.
m. 35, dorso.
John de Perton was summoned to show his title to hold pleas of the
Crown, and to have free warren, fair, market, etc., in his manor of Perton.
John stated he only claimed view of frankpledge twice a year and such
things as appertained to it, and wayf. The King's attorney disputed his
title, and stated that King Richard had been seised of the said view of
frankpledge through the Sheriff as appurtenant to his Hundred of Seysdon,
and appealed to a jury. The jury found that John and his ancestors before
the reign of King Richard, and from time out of memory, had view of frankpledge and wayf in the said manor. The King's attorney disputed the
verdict about wayf on a technical point, and it was adjourned to be heard
coram Rege. (fn. 25) m. 35, dorso.
The Abbot of Roucestre was summoned to show his title to hold pleas of
the Crown, and to have free warren, etc. (as before), in his manor of Roucestre.
The Abbot disclaimed all title to hold pleas of the Crown, but claimed view
of frankpledge, gallows, and wayf by prescription. The King's attorney
disputed the Abbot's right to view of frankpledge and gallows by prescription,
because King Richard had been seised of them; and as regarded wayf, he
stated that it was a grossum of the integrity of the Crown, which could not
be separated from the Crown without a special warrant of the King. As
regarded a fair and market, the Abbot produced a charter of the present
King, and they were allowed to him; the claim to the other franchises was
adjourned to be heard coram Rege. As regarded the liberty of Wystanton, a
jury found that the Abbot and his predecessors from time out of memory
had been in seisin of view of frankpledge and other franchises appurtenant
to it. m. 35, dorso.
Ralph Basset was summoned to show his title to hold pleas of the Crown
and the other franchises specified above, in his manors of Drayton and
Patingham. Ralph stated he claimed by prescription in both manors view
of frankpledge twice a year and to hear all pleas which the Sheriff heard in
his tourns; and he claimed in the same vills infongenthef, utfongenthef, gallows,
and wayf, and to have free warren in Drayton. A jury found in his favour.
He also claimed free warren in Patingham by a charter of King Henry
III., which he produced, and it was allowed, and he disclaimed all right to the
other franchises specified.
Hugh de Louther, the King's attorney, made the same objection as in
other cases to the claim to wayf, and it was referred to be heard coram
Rege. m. 35, dorso.
Robert Corbet was summoned to show his claim to hold pleas of the
Crown, and to have wayf, in his manor of Beseford. Robert stated he
only claimed two courts annually there, and to hear the same pleas as the
Sheriff heard at his tourns; and he further stated he held the manor by the
gift and feoffment of Roger Pryde, and he called Richard son and heir of the
said Roger to warranty. Richard is to be summoned in co. Salop to be
coram Rege on the morrow of the Ascension. m. 35, dorso.
Teodisius de Camilla the Dean of Wolverenhampton was summoned to
show his title to the same franchises and to have theolonum (toll) in Wolverenhampton. Teodisius stated he claimed by prescription to have view of frankpledge, gallows, infongenthef, and wayf, and he claimed in the same
manor a market every Wednesday, and a fair of eight days' duration commencing on the Vigil of the Apostles Peter and Paul, by a charter of King
Henry III., which he produced; and he claimed toll as appurtenant to the
market and fair and it was allowed to him. The King's attorney disputed
the Dean's right to the other franchises; but a jury found in his favour.
m. 35, dorso.
The King sued the Abbot of Crokesdene for a toft and twenty acres of
land in Hoken (Oaken) near Totenhale, of which King Henry the great
grandfather of the King had been seised, etc. The Abbot defended his
right, and appealed to a Great Assize, which found in his favour. m. 36.
The King sued the Prior of Trentham for the manor of Wal near Lek,
of which King Henry his great grandfather had been seised, etc. The Prior
defended his right, and appealed to a Great Assize, which found in his favour.
m. 36.
The King sued Nicholas de Aldythelegh for two parts of the manor of
Chadderlegh, and Ela formerly wife of James de Aldythelegh for a third
part of the same manor. Ela called Nicholas to warranty, who came and
warranted the third part to her, and defended his right to the manor, and
appealed to a Great Assize, which found in his favour. m. 36.
The King sued the same Nicholas for two parts of the manor of Tunstall,
and the same Ela for one-third of the same manor. The defendants made
the same pleas as in the last case, and a jury found in their favour. m. 36.
Henry Wymer was summoned to show his title to have the custody of
the King's fishery in the water of Kyngespole. Henry stated he held the
said custody in capite by the service of rendering yearly to the Exchequer
6s. 8d. by the hands of the Sheriff; and he claimed to have in the same water
when the King fished it, all kind of fish except lucum and bream, and all the
fish which went out by the bayas of the said fishery; and for the maintenance
of the said bayas he claimed to have all the reeds (arundinem), growing in
the fishery; and he claimed all the above by prescription. The King's
attorney disputed Henry's claim to hold by prescription, because King
Richard held the said fishery, and appealed to a jury, which found in his
favour. The King is therefore to recover seisin of the said fishery. (fn. 26) m. 36.
Hugh de Audelegh and Isolda his wife were summoned to show their
title to hold pleas of the Crown, and to have free warren, fair, market, and
wayf in Arlegh. Hugh and Isolda stated they held the manor for term
of their lives of the inheritance of Edmund de Mortimart, without whom
they cannot answer; and Edmund being summoned stated one John de Burgo
had the manor with the said liberties, and John had given the manor to
Robert Burnel, who conveyed it to the present King, who had given it to
Latard de Heny; and Letard (sic) with the King's license had given the manor
to Roger de Mortimer the father of Edmund, and that from time out of
memory all the said franchises had been annexed to the manor. The King's
attorney disputed the claim, and it was adjourned to be heard coram Rege. m. 36.
Edmund the King's brother was summoned to show his title to hold pleas
of the Crown, and the other franchises specified above, in Totteburi, Newcastle,
Assyngelegh, Ottokeshather (Uttoxeter), Merchinton, Hottokesacre, Yoxale,
Adgaresle, Rolleston, and Barton. Edmund appeared by attorney and stated
he claimed in Totteburi and Uttockeshather view of frankpledge, in fangenthef,
gallows, wayf, free warren, and market and fair; and in Merchinton,
Yoxale, Rolleston, and Barton, he claimed view of frankpledge, free warren,
and wayf, and in Adgaresle he claimed view of frankpledge, free warren,
market, and wayf; and in the manor of Newcastle he claimed view of
frankpledge, free warren, infangenthef, gallows, and wayf, and to hold
pleas of forbidden distress; and in the town of Newcastle he claimed nothing
except the lordship of it, and a farm of 40 marks; and he claimed nothing in
the vills of Assingelegh and Ottokesacre; and he stated that with the exception
of Newcastle, one Robert de Ferars formerly Earl of Derby had held all the
said manors together with the Honor of Tutteburi, and with all the said
liberties they had come into the hands of King Henry the King's father by
the forfeiture of the said Earl, and the same King had given them to the
said Edmund and his heirs, with all liberties, etc., appurtenant to them, and he
called to warranty the Chancellor's Rolls of the said King Henry of the 50th
or 51st year of his reign; and as regarded the franchises claimed in Newcastle,
he stated that the same King had given to him and to the heirs of his body
the castle and manor of Newcastle, which was of the ancient demesne of the
Crown, with all liberties and customs which the said King held in the same;
and he called to warranty the Chancellor's Rolls of the 51st year of King
Henry III. A day was given to the said Edmund coram Rege on the morrow of
the Ascension, and the above Rolls are to be inspected in the interim. m. 36,
doors.
John de la Barre was summoned to show his title to hear pleas of the
Crown, and to have a fair, market, gallows, and wayf in his manor of Little
Barre. John stated he claimed only two courts yearly, and to have the same
pleas in them as the Sheriff heard at his tourns; and he claimed gallows and
wayf as appurtenant to the said courts by prescription, and appealed to a
jury. The jury stated that the ancestors of John had usurped the said
liberties in the reign of King John, and they held the two courts, and had
gallows and wayf by virtue of a rent of 20d. paid for them to the Prior of the
Hospital of St. John of Jerusalem. (fn. 27) It is therefore considered that the King
should recover seisin of them. m. 36, dorso.
The King sued Roger the Bishop of Coventry and Lichfield and the Dean
and Chapter of St. Cedde for the advowson of the Church of Cannockburi, of
which King John had been seised, etc. The Bishop said the advowson
belonged to him and not to the Chapter, and defended his right to it against
the King, and appealed to a jury, which found in his favour. m. 37.
The same Bishop was summoned to show by what warrant he claimed a
free chase in the wood of Blore and Gongles. The Bishop stated he claimed
it by prescription, and appealed to a jury, which found in his favour. m. 37.
William de Boweles sued William son of Adam Trumwyne for illegally
detaining a colt (jumentum), but a jury found that the colt was in the free haye
of the King, where William had no right of common, and not in Blokeswyke,
where he had common of pasture. m. 39.
William de Boweles appeared against Fremund le Chivauchour (the rider)
of Philip de Montgomeri, William son of Adam Trumwyn, and John de
Blockeswyk, for taking away the tools and implements of his workmen labouring near his curia of Russhehale in 19 E. I., to the value of 3s., and doing
other damage to him, for which he claimed 100s. as damages. The defendants
stated they found the men of William working in a mine (in quâdam minerâ)
within the King's Forest without warrant. William withdrew his plea. m. 39.
The King by Richard de Benetleye, who sued for him, appeared against
Philip de Monte Gomery who holds the Bailiwick and Stewardship of the
Forest of Canok by the concession of the present King, and complained that
he had maliciously and fraudulently appropriated to his own use for twelve
years past 10 marks annually, which ought to have been paid into the
Exchequer, viz., from the Sergeanty of Benteleye 1 mark, from William
Trumwyn 1 mark, from Walter de Elmedon 2 marks, and from four bailiwicks
which the same Philip held, viz., from the hayes of Alrewas, Hopewas,
Uggheley (Ogley), and Gauley 6 marks.
Philip stated he held the bailiwick and stewardship of Cannok by the
service owing for it, by the concession of one Thomas de Wesenham, who held
it in in fee, and which concession had been confirmed by the King, who
granted to him the said bailiwick and Stewardship to be held by him and his
heirs: and he produced the King's charter, which stated that whereas the
late King our father of celebrated memory had granted to Thomas de
Wesenham and his heirs all that bailiwick, which Hugh de Loges formerly
held in his Forest of Canok, together with the stewardship (senescalcia) of the
same, and the said Thomas had afterwards granted the same with our leave
to our beloved Philip de Monte Gomeri and to his heirs; we therefore
accepting the said concession do now grant to the said Philip and his heirs
the bailiwick and stewardship of Canok, rendering for the same, to us and to
our heirs the services appertaining to the same, etc. Dated from Kaernarvan,
20th July, 12th year of our reign. And he claimed to hold the said bailiwick
and stewardship quit from the payment of the 10 marks in question.
Richard stated that Hugh de Loges who formerly held the said bailiwick
paid the 10 marks annually to the Exchequer, and afterwards Ralph de
Covene in the same way, and after him, one Geoffrey fitz Warine; and that
the said Thomas de Wesenham held the bailiwick charged with the said
payments, and the said Philip had accepted the bailiwick from the said
Thomas charged (oneratam) with the service of the 10 marks in question;
and by an inquisition taken by command of the Justices, it appeared that
Thomas had held the bailiwick for twenty-four years, and afterwards Philip
had held the same for nine years by the feoffment of the said Thomas. It is
therefore considered that the King should recover his arrears of 10 marks
annually for the above period, viz., £200. Philip is therefore in misericordiâ,
and judgment is to be given respecting the bailiwick.
William de Whitegreve withdrew his suit against John le Loverd. He
and his sureties, viz., Gilbert de Crokesford and Robert son of Ralph de
Wytegreve, are in misericordiâ.
Ala formerly wife of William de Handesacre and Thomas le Harpour of
Handesacre were attached to answer the plea of William de Waleton and
Alice his wife, that they had come with others unknown, on the morrow of
All Saints, 6 E. I., to the house of the said Alice, and had carried away her
goods and chattels to the value of £20. The defendants denied the trespass,
and appealed to a jury. The jury stated that William de Handesacre formerly
husband of Ala, and the said Ala and Thomas, and others unknown of the
household of the said William, had come on the date named to the house of
William fitz Warine in the vill of Tibeton (Tipton), formerly husband of the
said Alice, immediately after the death of the said William fitz Warine,
William de Handesacre claiming to be nearest heir of the said William fitz
Warine for the tenements held by him in the said vill, and stayed there for
some time, and William de Handesacre then went to London on business, and
Ala after the departure of her husband remained there for about eight days,
and then she went away taking goods and chattels to the value of £4 12s. 10d.
from the house to the vill of Handesacre; and William de Handesacre came
back from London and went to the house of the said William (fitz Warine)
in the said vill, and asked for drink; and Alice who was there offered him
drink in a certain cipho de mazere; and William de Handesacre threw away
the beer, and handed the ciphum to a certain esquire whose name is unknown,
and in this way he carried away the ciphum. And the jury being asked what
chattels of those in dispute remained to Ala after the death of her husband
William, stated she had obtained a pelium, a lotorium, a ciphum de mazere, and
a brass pot, and a dish from the executors of the said William, and they
estimated the damages of William and Alice at 20s. William and Alice
afterwards withdrew their plea. m. 40.
John de Brokton recovered damages against Philip de Monte Gomeri and
Roger de Montegomeri for an illegal distress. m. 40.
Alexander de Cotun and Sarra his wife appeared against Philip de Monte
Gomeri in a plea that whereas they had held ten acres of land and an acre
of meadow in Hopwas, the said Philip had so vexed and oppressed them, that
they had at last given up the tenement to him on condition that he should
return it to them for a service of 7s. annually in place of 3s. which they
formerly paid, and after they had held it for a year paying the higher rent,
he had ejected them and carried away the whole produce of the land, and
for which they claimed £10 as damages.
Philip stated that he was Seneschal of the Forest of Canoc, and found the
tenements in question, which are part of the Sergeanty of the Forest, alienated
without the King's license, and that he had impleaded them in the King's
name for the said alienation, etc., and Alexander and Sarra had then surrendered the tenements to him extra curiam.
The jury state that Alexander had demised three acres of the tenement for
a term of three years, but had not made any alienation of the land as asserted
by Philip, and that Philip had carried away the produce of the land to the
value of 18s. It is therefore considered that the plaintiffs should recover
the 18s., and Philip is committed to gaol.
Upon this Hugh de Louther the King's attorney came forward and sued
for the King, and stated that the said Philip having prosecuted the said
Alexander and Sarra in the King's name until they had surrendered their
tenement to the King, as appeared by the statement of Philip himself, and
then having afterwards returned the tenement to them, to be held at an
increased rental, he had fraudulently appropriated the increment to himself.
He stated also that Philip after he had taken the tenement into the King's
hands, under pretext of an alienation, had built large edifices on the land, and
had demised the tenement to one William de Esnyngton his forester for a
term of twenty years for a rent of 10s. yearly, and this rent he had also concealed and appropriated to himself.
Philip stated that as regarded the 3s. rent he considered it as appertaining
to the Bailiwick he held, and he was ready to answer for the rent of 7s. before
the Justices of the Forest; that it was true he had demised the tenement to
one William de Esnynton for a term of twenty years, but he had not reserved
the annual rent of 10s. to be paid to himself and his heirs. William then
came forward and produced the demise in question, which was in these
words: "Ad festum Sancti Michaelis anno Regis nunc xvii. ita convenitur
inter Philippum de Monte Gomeri, Seneschallum Forestœ de Canok ex parte unâ,
et Willielmum filium Roberti de Esynton ex alterâ. Videlicet, quod ipse Philippus
tradidit concessit et ad terminum viginti annorum dimisit eidem Willielmo
totam terram et pratum cum pertinentiis quœ Alanus de Cotes (sic) de eodem
prius tenuit. Habendum et tenendum de predicto Philippo et heredibus suis
eidem Willelmo, etc., reddendo inde annuatim eidem Philippo et heredibus suis
xs. argenti; videlicet, in festo Sanctœ Mariœ in Marcio vs. et ad festum Sancti
Michaelis vs. pro omnibus servitiis, etc. Hiis testibus: Roberto de Freford,
Hugone de Tymmor, Willelmo de Thomenhorn, Petro de Colecestre, Willelmo
le Sauvage, et aliis. And as Philip could not deny this deed, and it was
manifest he had demised the tenement to the said William for a term of
twenty years for 10s. annually, to be paid to himself and his heirs, it was
considered that he should be committed to gaol, and to be redeemed (redimatur)
at the will of the King, and judgment to be given respecting his bailiwick.
And the King recovered seisin of the said tenements and his arrears for it,
viz., 4s. per annum, from the date aforesaid until Michaelmas, 17 E., and
arrears of 10s. annually from the last date until now, i.e., 64s. altogether; and
the Sheriff of Northamptonshire and Bedfordshire, as well as the Sheriff of
Staffordshire, are ordered to take into the King's hands all the lands and
tenements of the said Philip. m. 40, dorso.
Ralph Quintyn of Frodeleye and Richolda his wife appeared against Roger
de Montgomeri the Forester for beating, illtreating, and wounding them four
years before on the Wednesday before Lent (Quadragesima) at Frodeley, and
by which the offspring of Richolda, which she then bore within her, had been
afterwards born deficient of some of its members. And the same Roger had
afterwards so beaten the said Richolda on the Saturday the Vigil of Holy
Trinity following, that he had broken her arm and two of her ribs, and he had
on the same occasion carried away the produce from six acres of their
land.
Roger denied having done any violence to the plaintiffs; and as regarded the
produce of the land, he stated he was a Bailiff of Philip de Monte Gomeri the
Seneschal of the Forest of Canok, and in that capacity had lawfully carried it
off, and he appealed to a jury. And Philip de Montegomeri appeared and
stated that the land in question was alienated from the Sergeanty of Canok,
and he had sued the said Ralph in the name of the King before the Justices
of the Bench for the tenements; and Ralph had then surrendered them to him
extra curiam, and he now held them in the name of the King. He admitted
however he had obtained a quitclaim from the said Ralph to himself and to
his heirs for the same tenements.
The jury say that Roger had beaten the said Ralph and wounded him in
the head at the date named, and being asked if he had so pushed (pulsit)
Richolda at the same date so that her offspring had been born deformed, stated
they did not know, but it was true the child was deficient in some of its
members. And they say that Roger had broken the arm of Richolda on the
date named, but they cannot tell whether her ribs were broken or not,
and he had carried away the produce of the land as stated. It is therefore
considered that Ralph and Richolda should recover damages, which are taxed
at 2 marks, and 40s. for the trespass against Richolda. And Ralph should
recover his damages, which are taxed by the jury at 12s., for the produce
carried away, and Roger and Philip are committed to gaol.
Hugh de Louther the King's attorney then came forward and prosecuted
Philip for fraudulently appropriating to himself the tenement of Ralph by the
quitclaim he had extorted from him; and he was committed to goal, and the
King recovered arrears against him, viz., 7s. annually, at which the said tenements of Alrewas (sic) was valued. And the Sheriffs of Northamptonshire,
Bedfordshire, and Staffordshire are ordered to take all the lands and tenements of the said Philip into the King's hands. m. 41.
Henry son of Henry de Wytinton appeared against Philip de Monte Gomeri
and Roger his brother for taking and imprisoning him at Frodeleye on the
Tuesday before the Nativity of St. John the Baptist, 15 E., and for detaining
him a prisoner for six weeks, and for taking his goods and chattels, viz., a
sword, worth 18d., and a bow and arrows, worth 12d. And he complained
further that at the end of six weeks they committed him to the gaol at
Stafford, where he was detained like a robber (ad modem latronis) for fifteen
days, until released by a letter of the Justices of the Forest, and for which he
claimed 60s. as damages.
Roger stated he was Seneschall of the Forest of Kanock, and whilst he was
holding his Swanimote in the said forest on the day in question, some beasts
passed by the Swanimote wounded by arrows (quœdam ferœ per predictum
swanimotum transierunt sagittatœ), and he ordered Roger and other foresters to
search the forest and to take up anybody they suspected of the misdeed.
And the said foresters found the said Henry in a suspicious place with a bow
and arrows against the assize of the Forest, and they had arrested him according to law, and he appealed to a jury. The jury say that Roger and the other
foresters did not find the said Henry within the Forest, but they had taken
him outside the limits of the Forest, (fn. 28) and they assessed his damages at 11s. 6d.
It is therefore considered that Henry should recover damages, and Philip and
Roger were committed to gaol. m. 41, dorso.
Alice formerly wife of William Huberd of Bromleye Regis appeared
against Philip de Monte Gomeri for taking her mare, worth 5s., and two foals,
worth 7s. 6d., within the Haye of Alrewas on the day of St. Edith, 18 E. I.,
and refusing to return them to her.
Philip stated that the mare was found within the Haye of Alrewas, and
detained for a year and a day within his pound; after which it became his
property as a wayf, by reason of his stewardship of the King's Forest, and he
had taken no foals of the said Alice. Alice stated she had frequently demanded
her mare, and offered to pay for any damage which it had done to the Haye,
but Philip always refused to give it up, and she appealed to a jury. The jury
say that Alice within a month of the taking of the mare had sent William
Dynoc and Henry le Paumer, the executors of the will of William (her
husband) to Philip to replevy the mare, and that Philip had not taken any
foals belonging to her, but whilst the mare was in the custody of Philip she
had produced a foal. It is therefore considered that Alice should recover
damages, which were taxed by the jury at 20s. m. 41, dorso.
Richard de Benetleye appeared against Philip de Mont Gomeri, Roger his
brother, and Alexander the Clerk of Philip, in a plea that on the Thursday
before the Feast of St. Andrew, 10 E. I., when he was acting as a custos Pacis,
and with others had raised the hue and cry against certain malefactors, and
had followed them in order to attach them, according to the custom of the
Kingdom, as far as the Forest of Canok, between Sondleye and Shelfhul
the said Philip, Roger, and Alexander had insulted and beaten him and
thrown him from his horse, and taken away his sword and his horn and
a bow and arrows, which were carried by one of his servants, and for which
he claimed 20s. damages. The jury found in favour of Richard, who recovered damages, and Philip and the other defendants were committed to
gaol. (fn. 29) m. 41, dorso.
William son of Robert de Cote obtained 2s. as damages in a plea against
one Robert for taking turf in a place called le Mosse, in Cherleton (Chorlton).
m. 43, dorso.
Robert Corbet and Petronilla his wife, and Alice daughter of Robert,
appeared against Ralph brother of John de Wyntenor and William Baldewyn
the Parker of Maddeleye for illegally carrying away their chattels (no
place named). The jury find in favour of Ralph and William. m. 43,
dorso.
Kalendare Comitatûs Staffordle. m. 47.
Hundred of Cuthelston. Nicholas de Byriton, Chief Bailiff.
Jury:—Adam de Brumpton and Richard Spygornel (Electors).
Simon de Busenhull.
Robert de Wyston.
William de Penne.
Robert de Weston.
William de Puz.
Roger de Kavereswell.
Thomas de Engelton.
Thomas de Onne.
Ralph de Covene.
Stephen de Wullaston.
Hundred of Offelowe. Thomas Yllori, Chief Bailiff.
Jury:—Henry Mauveysin and Stephen Cursun (Electors).
Richard le Clerc of Barton.
Geoffrey de Stratton.
Henry le Ku.
Henry le Fletcher.
William de Wyrleye.
William de Allerwys.
Henry de Alrewas.
Thomas de Abenhale.
Robert de Meleburn.
John de Horninglowe.
Hundred of Seisdon. Roger de Asheleye, Chief Bailiff.
Jury:—John de Tresel and Philip de Lutteleye (Electors).
Richard de Beckebury.
William de la Lude.
Hervey de Hampton.
Warine de Penne.
Thomas de Lutteleye.
William de la Brok of Bisseburi.
Geoffrey de Bylleston.
Henry de Heyston.
William de Whytinton.
Robert Buffari.
Hundred of Pyrhull. John de Norton, Chief Bailiff.
Jury:—Henry de Crassewalle and John de Wasteneys (Electors).
Henry de Verdun.
Robert Gerveys.
Thomas Grym.
Thomas de Tytteneshore.
John Deyli (D'Oilli).
Henry de Hexstall.
Richard de Verney of Maddelee.
Nicholas de Meverel.
Henry de Colton.
Richard de Blithefeld.
Hundred of Tatemanslowe. William Coingge, Chief Bailiff.
Jury:—Ralph Basset of Chele (sic) and John Coyne of Weston (Electors).
Robert de Cavereswell.
Richard de Berdemor.
Adam le Kyng of Runhale.
Thomas de Dene, Clerk.
William fitz Philip de Tene.
William Clerk of Blakelee.
William de Beveresford.
William son of Robert de Cavereswell.
John de Flamstude.
John de Casterne.
Borough of Stafford. William Reyner, Robert Phelip, and William
Coming, Chief Bailiffs.
Jury:—Roger de Neuport and Nicholas (fn. 30) de Neuport (Electors).
Robert le Barbor.
William Umfrey.
John Betun.
Johe Byck.
John de Wenlok.
Ralph Dyer (Tinctor).
Henry Groucok.
Roger de Medwe.
Thomas Gorbold.
William Gilberde.
The following places also appeared by twelve jurymen, whose names are
given in full, viz.:—
The Borough of Newcastle-under-Lyme; the Liberty of Newcastle; the
Liberties of Eccleshale, Bradelegh, Penchrych-under-Lyme, Meyre (Meertown),
and Alveton.
The Boroughs of Tutteburi and Lichfield.
The Manors of Alrewas and Bromlegh Regis.
The Liberties of Burton, Tamworth and Wygynton, Swyneford, Kynefare,
Wolvernehampton, Tettenhale, and Seggesle.
These have been Sheriffs since the last Iter, viz., Hugh de Mortimer,
Ralph de Mortimer, Lyon son of Lyon, Walter de Hopton, Bogo de Knoville,
Roger Springehose, and Robert Corbet, who survive and answer for their
terms, and William de Tyttenlegh, who is now Sheriff.
These have been Coroners since the last Iter, viz., Bertram de Burgo, who
died, and for whom Bertram his son and heir answers; Geoffrey de Bromlegh,
who died, and for whom Robert de Bromlegh answers; William Bagot of
Bromlegh, who died, and for whom John Bagot his heir answers; Robert
Shirard, who died, and for whom Richard Shirard his heir answers; Thomas
de Ferars, who died, and for whom Thomas his son and heir answers; Hugh de
Tymmor, who died, and for whom William his son and heir answers; Hugh
de Weston, Philip de Mutton, William Wyther, Robert de Staundon, Reginald
de Charnes, Robert de Knightele, Roger de Burghton, Richard de Draycote,
and Ralph de Byssheburi, who now survive and answer for their terms.
All the County records that Engleschery is presented in this county by
one on the side of the father and one on the side of the mother, and by males
of the age of twelve years and upwards, and the same of felonies.
The Roll is endorsed: Isti remanent coronatores in Comitatu isto, videlicet,
Henricus de Craswell, Rogerus de Swynnerton, Henry Clericus de Alrewas, et
Willelmus de Wrotteslee. (fn. 31)
Pleas of the Crown before John de Berewyk and his Fellow
Justices Itinerant in co. Stafford, on the Morrow of the
Epiphany, in the Twenty-First Year of the Reign of King
Edward Son of King Henry.
Extracts.
The manor of Bromleygh Regis appeared by twelve jurymen, who presented that Thomas Corbet of Tasselee holds the manor at fee farm from the
King for £4 annually, and it is worth 100s.; it is not known by what warrant.
Thomas Corbet afterwards appeared and stated he and his ancestors had held
the said manor from time out of memory, rendering £4 yearly to the Exchequer
by the hands of the Sheriff, and the Sheriff testified that he is liable for the
said sum.
The jury present that Philip de Monte Gomery the Seneschall of the King
took distraints on the land of the said Thomas, and which land is outside the
metes of the forest, and no other Seneschall but Philip had done so; but
Thomas Corbet the lord of the manor acknowledged that the whole manor
was within the metes and bounds of the forest. The twelve jurymen therefore are in misericordiâ for a false presentment. m. 2, dorso.
The jury present that the watercourse which is between Yoxhale Bridge
and Yoxhale Mill which used to flow through the King's land had been
diverted from its course, so that it now runs through the land of Edmund the
King's brother, and this was done by Margaret Countess of Ferrars, who is
dead. The Sheriff is therefore ordered to summon the said Edmund. Thomas
Corbet of Tassele the lord of the manor afterwards appeared and stated that
he had a writ out against the said Edmund respecting the same watercourse.
m. 2, dorso.
The manor of Alrewas appeared by twelve, and presented that Urian de
St. Pierre when he was Sheriff had levied by extortion 40s. from the vill
when it was not amerced. Urian was summoned, and not being able to
disprove it, was find 5 marks, for which William de Tytneleye and Robert de
Pype are his sureties. m. 3.
Of defaults they say that Robert de Somervill did not appear on the first
day, and as the twelve jurymen concealed this default at first, they are
in misericordiâ. m. 3.
The Liberty of Kynefare presented that Walter son of Roger Tugge, aged
seven years, had been killed by a bite of a horse, for which a deodand was
owing of 12d., and the vill of Kynefare buried the boy without view of the
Coroner; it is therefore in misericordiâ. And Robert de Knyghtelee the
Coroner sent Roger de Bruyton his clerk, who died whilst holding the
inquest.
And they presented that John son of John fitz Philip of Bobynton holds
the manor (of Kinfare) together with the advowson of the Church (which
is worth £26 annually) at fee farm of the King, rendering annually to the
Exchequer by the hands of the Sheriff £9, and it is worth £9 6s. 8d. And he
claims to hold in the same manor, assize of bread and beer, gallows, pillory,
and infongenthef, but they are ignorant by what warrant; and Hugh de
Louther stated that he had a writ out against the said John respecting the
said liberties. m. 3.
The jury of Tuttebury presented that William de Tissynton, Clerk, had
struck William de Lenton the janitor of Totteburi with a certain axe (hachia
denesch) on the head in the borough of Tutteburi, and had killed him; and
William de Tyssynton took refuge in the Church of St. Mary of Tutteburi,
and stayed there for three weeks; and afterwards he gave himself up, and was
conducted to the Castle of Bruges (Bridgenorth), in the time of Bevis (Bogo)
de Knovill, the Sheriff, who is answerable for him, and it was testified that
William was now living in co. Derby, and the Sheriff of Derbyshire was therefore ordered to arrest him. William appeared and pleaded that he had been
already acquitted of the said death before Odo de Hodynet and his fellow
Justices, and be appealed to the records of the said Justices; and the record
being examined contained these words: William Clerk of Tyssington taken
and imprisoned for the death of William le Porter of Totteburi, appealed to a
jury, who stated that a certain robber imprisoned within the Castle of Totteburi
had escaped from prison, and William le Porter hearing of it, went to the
Church in order to prevent him entering it, and William the Clerk of
Tissynton went to the Church for the same purpose; and William le Porter
seeing William the Clerk (fn. 32) approaching the Church, took him for the thief who
had escaped, and struck him with his sword under the ear on the left jaw;
and William le Clerc being thus assaulted and grievously wounded, believed
that William le Porter was the thief who had escaped, and immediately struck
back and hit William le Porter on the head with an axe and killed him; but
he lived long enough to receive the rites of the Church (jura Ecclesiœ), and he
was buried by Hugh de Weston the Coroner. And William was sent back to
prison to await the pardon of the King. And Bogo could not deny that he
had the custody of the said William de Tyssingtone, nor could show any
warrant for his release. He is therefore ad judicium. Afterwards the King
sent for the record, and it was sent to him. m. 3, dorso.
The jury of the Liberty of Tettenhale presented (inter alia) that the
Church of Tettenhale with five prebends annexed to it, is the free chapel of
the King, and is worth 100 marks yearly, and the King has the donation of
the Deanery, and the Dean confers the five prebends. William Burnel now
holds the Deanery by the collation of the present King.
Respecting encroachments, they say that John fitz Philip had made an
encroachment upon the King in the manor of Tettenhale by appropriating to
himself five acres of land of the King's demesne which he had enclosed four
years ago. And John on being summoned stated the land never was in
Tettenhale, but was appurtenant to his manor of Kynefare, and he appealed
to a jury, which found in his favour. (fn. 33) m. 5.
And they say that the manor of Tettenhale is a demesne manor of the
King, and is worth £8 10s. yearly.
The jury of the Liberty of Braddele presented (inter alia) that a deodand
of 3s. was owing for a mare from which Richard Wyther fell into the water
of Showe (Sowe) and was drowned; and a deodand was owing for a horse
from which Richard de Solyhull fell, and Joan formerly wife of William de
Caverswall had taken the deodand without warrant. She is therefore in
misericordiâ.
And they say that Nicholas Baron of Stafford held the Castle of Stafford
with the liberty of Bradele in capite of the King by the service of three and
a half knights' fees, and the Castle with the Liberty was worth £31 14s.;
and he claimed to have assize of bread and beer, but it is not known by what
warrant. And William Garlaund holds the said Castle and Liberty in the
name of the wardship of Edmund son and heir of the said Nicholas, but they
do not know by what warrant. He is therefore to be summoned; and William
Garlaund afterwards appeared and stated that the King had given him the
custody of the Castle and Liberty till the full age of the heir. m. 5.
The Liberty of Penkryz appeared by twelve jurymen. John de Cungreve
one of the jury never appeared, and he is therefore in misericordiâ. m. 5,
dorso.
The jury presented that Hugh le Blund holds in capite of the King two
parts of the manor of Pencriz, which are worth £20, and he holds by homage
and the service of finding two armed horsemen (duos equites armatos), viz.,
one with a caparisoned horse and the other with a horse without caparisons
whenever the King should go with an army into Wales, for forty days at his
own cost. And Hugh appeared and stated that as regards the two parts of
the manor his ancestors had died seised of them, and he had done his homage
to the King and had performed his service for the land, as would appear from
the Marshall's Rolls; and Hugh de Louther was told to take out a writ
(of Quo Warranto) against the said Hugh respecting the two parts of the
manor.
The jury presented that John the Archbishop of Dublin holds the third
part of the manor of Penkriz with the advowson of the Church, which is
worth 70 marks yearly, and he confers nine prebends which are annexed to
the said Church, it is not known by what warrant. And Hugh de Louther
stated there was a writ out against the Archbishop respecting the third part
of the manor and the advowson of the Church. m. 5, dorso.
The Liberty of Wolvernehampton appeared by twelve jurymen, who
presented inter alia that John de la Brok of Bysseburi (Bushbury) and
Roger de la Lowe of the same went together from a tavern in the fields
(campo) of Wolverhampton, and a dispute arising between them, John struck
Roger on the head with an axe and killed him, and John immediately fled;
he is therefore to be outlawed. His chattels were worth 6s. 9d., for which
the Sheriff is answerable, and he held land of which the year and waste is
worth 41s. 6d., for which the same Sheriff is answerable, and of the issues of
the land for half the time, £6 12s., for which the Sheriff is answerable, and
Ralph de Bysseburi took the said issues without warrant. He is therefore
in misericordiâ. The first finder is dead. Ralph afterwards came and fined
for the year and waste and half the time, and for his misericordiâ £10, for
which William de Wrottesle and Peter de Colecestre of Wytinton are his
sureties. m. 6.
Margery formerly wife of Robert Purcel of Byssburi, who is now dead,
appealed in the County, Roger Peye of Snoddon for robbery and breach of
the peace, and she appealed Ralph Lord of Busseburi of being accessory (vi et
auxilio) to the said robbery and of the reception of the said Roger; and Roger
and Ralph did not appear, and were not attached, because at the second
Court of the County Margery withdrew her appeal, and as they were living
in the county they are to be arrested. And Roger Peye being prosecuted at
the suit of the King, and asked how he wished to acquit himself of the said
robbery, etc., put himself on the country; and the jury of the Hundred,
together with the four nearest vills, stated on their oath that he is not guilty;
and Roger then stated he had been maliciously appealed by the said
Margaret, and asked that inquiry might be made into her abettors; and the
jury said that Roger had been maliciously appealed by the abetment of
Magister Robert Rector of the Church of Cotteshale and Richard his servant.
The Sheriff is ordered therefore to arrest them; but Roger Peye afterwards
withdrew from the prosecution.
Of indictments the jury say that John Weynot of Rushale and Adam de
la Pole formerly a servant of William de la Pole at Sardon had withdrawn
themselves for a burglary committed at the house of John Derkyn at
Fevereston (Featherstone), and John Donsowel of Cheshire for a robbery of
Roger Carles and the society of Stephen de Bagenholt (fn. 34) and many larcenies.
They are therefore to be outlawed. They had no chattels because they were
vagrants, but Adam de la Pole was of the household (de manupastu) of
William de la Pole, who is therefore in misericordiâ. m. 6, dorso.
The Jury of the Hundred of Seysdone presented inter alia that a
deodand of 40s. 6d. had been paid to the Sheriff for a cart and horse from
which Nicholas son of Richard de Wrotteslee had fallen into a marl pit,
where he was drowned; and the jury concealed a part of the deodand, for
which they are in misericordiâ; and Philip de Mutton the Coroner made no
mention in his Rolls of the said deodand. He is therefore to be judged for
the same. And Adam de Whethale the Clerk acted as Coroner when he was
not a Coroner. He is therefore to be judged for the same; and the vill of
Wrottesle buried the said Nicholas without view of the Coroner, and is
therefore in misericordiâ.
The jury presented that Ralph le Northerne of Overpenne and Walter le
Paumer (the Palmer) of Humelele (Himley) quarrelled in the vill of Kydeminynstre in co. Wygorn, and Ralph struck Walter with a knife so that he
died three days after in this Hundred, and Ralph fled and is suspected. He
is therefore to be outlawed. His chattels were worth 5s. 5d., for which the
Sheriff answers; and Ralph held land of which the year and waste is worth
2s. 6d., and the produce of the land for the half time was 21s., for which the
Sheriff answers. And Edith formerly wife of Robert de Bysseburi took of it
14s., and Ralph de Fonte of Overpenne 7s., for which they are in misericordiâ.
The jury presented that Roger de Somery held of the King in capite £100
of land in Seggesle, Swynford, and Clent, and John his son, is under age and
in ward to the King; and John de St. John has the custody of the said heir
by the concession of the present King, and he holds the said vills. m. 7,
dorso.
Of Dames (Dominabus), they say that Margaret formerly wife of Ralph de
Perton holds £4 6s. 8d. of land in Perton, and is at the King's disposal, and
is maritanda. And Joan formerly wife of William de Perton holds £4 of
land in Perton, and is at the King's disposal, and is maritanda. And Matilda
formerly wife of William de Eclynges, who is not yet dowered, is at the
King's disposal, and is maritanda. m. 7, dorso.
Stephen de Bagenholte with others unknown entered the park of Etyngeshale this year while it was in the King's custody, and took game from it, and
the said Stephen is now in prison, and ad penam statuti because he will not
put himself on the country. (fn. 35) m. 7, dorso.
The jury present that the manor of Kynefare used to be of ancient
demesne of the Crown, and it is worth annually £14, and John fitz Philip
holds it, and claims to have gallows, and assize of bread and beer within it.
And Hugh de Lothre stated the King had a writ (of Quo warranto) against
the said John, and they say that the manor of Rouleye (Rowley Regis) which
is worth £10 annually, was of ancient demesne of the Crown, and Agnes de
Somery holds it, and claims to have in it gallows, and assize of bread and beer,
it is not known by what warrant; Agnes is therefore to be summoned.
Afterwards Hugh de Lothre stated the King had a writ (of Quo warranto)
against the said Agnes. m. 8.
The jury present that the manor of Arnlee (Arley) is worth £20 annually,
and it used to be held in capite of the King for the service of half a Knight's
fee; and Hugh de Audeleye and Isabella his wife hold it of the Lord Edmund
de Mortimer, and claim to have in it gallows, and assize of bread and beer;
but it is not known by what warrant. The Sheriff is therefore ordered to
summon them. Hugh de Luthre afterwards came and stated the King was
suing them by a writ of Quo warranto. m. 8.
Of land subtracted they say that the manor of Terdebygge, which was
within the precincts of this county, and used to appear twice annually at the
Sheriff's tourn at this Hundred in the time of the King's father until fifteen
years ago, when the Abbot of Bordesle acquired the manor, and had drawn it
out of the county into co. Warwick, and it is not known by what warrant.
The Abbot of Bordesle afterwards appeared and stated that King Henry the
King's father had conceded to the Abbot that he and his successors and his
men of the said manor of Terdybigge in co. Stafford should answer in future
to the Sheriff of Warwickshire, and appear before the Justices and other
Bailiffs of the King in the co. of Warwick to answer for all matters for which
they formerly appeared to answer to the Sheriff of Staffordshire or before the
Justices in co. Stafford, and he produced the King's charter to that effect.
m. 8.
Of franchises claimed they stated that the Dean of Wolvernehampton
claimed in his prebend, gallows, and assize of bread and beer; and Ralph
Basset claimed in his manor of Patyngham gallows, and assize of bread and
beer; and John de Perton claimed in the manor of Perton assize of bread and
beer; and the Abbot of Crokesdene claimed the same in the manor of Oke
(Oaken); and John de Tresel claimed the same (no place named), and they
do not know by what warrant these franchises are claimed. The Sheriff is
therefore ordered to summon those named above. Afterwards Hugh de
Lothre stated that the King was suing by writ of Quo warranto all of them
except the Abbot of Crokesdene. The Abbot was therefore summoned alone,
and stated that he and his predecessors had had view of frankpledge and
those things appurtenant to it from time out of memory; and he claimed the
assize of bread and beer as appurtenant to the view of frankpledge, and he
appealed to a jury. The jury stated that the Prior and his predecessors had
had view of frankpledge in the manor of Oke from time out of memory.
m. 8.
The jury presented that John de Pendeford had given his lands in the
vill of Pendeford to the Prior and Convent of St. Thomas, but they afterwards testified that John held the tenements of Roger de Somery and not of
the King, and that the Prior had acquired them before the Statute (of
Mortmain).
Of Valets (de Valettis) they say that Ralph de Bysseburi and John de
Tresel and William de Overtone hold full Knight's fees, and are of full age,
and not yet Knights. They are therefore in misericordiâ.
Agatha formerly wife of Roger de la Lowe appealed in the County Court
John son of William de Bysseburi for the death of Roger her husband; and
it was shown by the Coroner's Rolls that she prosecuted her appeal for three
Courts, and at the fourth County Court she withdrew it; and the Rolls also
showed that at the fourth County Court the said John had been exactus at the
suit of the King, and bailed to appeal at the fifth Court, at which Court he
was outlawed both at the suit of Agatha and of the King. And because it
appeared from the Coroner's Rolls that Agatha had withdrawn her appeal at
the fourth Court, and that at the same Court John had been exactus at the
suit of the King, and that afterwards at the fifth Court Agatha's appeal had
been re-admitted, so that the said John had been outlawed both at the King's
suit and at the suit of Agatha, it is considered that the outlawry was null,
but because the jury suspect the said John of the death of Roger, he is to be
exacted again and outlawed. m. 8.
The jury of the Liberty of Eccleshale presented (inter alia) that two
women unknown were taken as guests (hospitatœ) into the house of Margaret
the widow of Suggenhull; (fn. 36) and they got up during the night and opened the
doors of the house and admitted five unknown malefactors, who killed Avice
the daughter of the said Margaret, and carried away many goods and chattels
belonging to her. It is not known who they were, nor what became of them.
The first finder is dead, and the vills of Offeleve and Tonstal did not appear
in full at the Coroner's Inquest. They are therefore in misericordiâ. m. 8,
dorso.
A deodand of 7s. 7d. was paid for a cart which fell upon Roger son of
Bertram de Burghton and killed him. The Sheriff returned 7s. 2d. as the
value of the chattels of Hugh de Dokeseye, a fugitive, and the jury suspect
him of many robberies. He is therefore to be outlawed. m. 8, dorso.
Robert le Swon and Roger Purt broke into the house of Hugh de
Badenhale during the night time and killed the said Hugh, and carried away
his goods and chattels; and they fled and were pursued and were beheaded
fleeing from the King's peace (defugiendo de pace). They had no chattels,
and were in no tything (decenna), because they were vagrants. Petronilla
the daughter of the said Hugh was the first finder, but is not suspected.
m. 8, dorso.
John de Pessale, and Thomas and Robert his brothers, disputing with
Geoffrey del Wal and Hugh the groom of the Constable of Eccleshale in the
fields of Chychefeld, a quarrel ensued, and John killed the said Geoffrey, and
immediately afterwards fled. His chattels are therefore confiscated for his
flight. He had no chattels, but was in the decenna of Robert son of Walter de
Pessale. It is therefore in misericordiâ. It afterwards appeared from the
Coroner's Rolls that one Adam del Wal appealed in the County Court the
said John, Thomas, and Robert for the death of the said Geoffrey his uncle,
and had prosecuted his appeal against them to the fourth County Court, and
at the fourth Court John neither came nor was bailed, so that he was
outlawed at the suit of Adam. And at the same court Adam withdrew his
appeal against Thomas and Robert. And Adam did not appear (at the
present Iter); he is therefore to be arrested, and his sureties are in misericordiâ. The jury afterwards testified that Thomas and Robert were dead,
and that Hugh had also died. m. 9.
Robert son of Roger Orm of Eccleshale, Richard Horhod, William son of
Stephen le Oneyede, and William de Wytegreve were disputing together in
the vill of Wytegreve, and Robert struck William de Wytegreve on the
head with a tenello, so that he died the same day; and Robert immediately
fled, and is suspected. He is therefore to be outlawed. He had no chattels,
and was in no decenna, because he was a clericus; and Richard Horhod
likewise fled, therefore his chattels are confiscated; but the jury say they do
not suspect him, and he may return if he pleases (ideo redeat si voluerit). It
afterwards appeared from the Coroner's Rolls that one Alice de Longedon
formerly wife of the said William de Wytegreve appealed in the County
Court, Henry Gilbert, Robert de Bykeford, Stephen de Ulleshale, Reginald
de Huntenbach, and four others, for the death of her husband, and all
the above are now dead. And she appealed also the said Robert son of
Roger Orm, William son of Stephen le Oneyede, John and Hugh brothers of
the said William, Adam the Bedel of Eccleshale, Richard de Maddeleye,
Hugh de Hakedene, William Meverel, and fourteen others named, for the
death of William her husband. And she prosecuted her appeal against them
at two Courts, and at the third Court she withdrew it. And the said Alice
now did not appear; she is therefore to be arrested; and the defendants,
with the exception of William son of Stephen le Oneyede, and Roger the
Smith, all appeared, and appealed to a jury. And the jury of the Hundred
of Pyrhull, together with the jury of the Liberty, say they are not guilty of
the death of William, nor of any connivance with it (de vi et auxilio). And as
the said felony took place in the vill of Wytegreve, and John and the others
did not apprehend the felon, they are therefore to be committed to prison;
they were afterwards fined 40s. A postscript adds that the said Robert
afterwards appeared, and was acquitted of the death of William, as appears
from the Roll of Gaol Delivery, and they say that Robert son of Richard de
Ellesmere killed William de Wytegreve. He is therefore to be outlawed; he
had no chattels. m. 9.
Thomas de Flossebrok (Flashbrook) was found killed in the high road
outside the vill of Eccleshale by unknown malefactors, and it is not known
what became of them; the first finder is dead. No Engleschery was
presented, therefore murdrum upon the Liberty.
The jury presented that Hillaria formerly wife of William de Harecurt
holds £20 of land in Ellynhale, and was of the King's donation (i.e., her
marriage), and she is married to Robert de Frankeville, it is not known by
what warrant. And Robert appeared and stated that King Henry the
King's father had given to Hugh de Beaumys the marriage of the said
Hillaria, and also the forfeiture belonging to the King if she married without
the permission of the said Hugh, and he produced the King's Letters Patent
to that effect; and he stated further that the said Hugh had conceded to him
the marriage of the said Hillaria for a fine of 93 marks, which he had paid
to him, and he produced a deed of Hugh which testified to this. (fn. 37) m. 9,
dorso.
Respecting Warrens they say that the Bishop of Coventry and Lychfeld
claimed free warren in all his demesne lands within the manor of Eccleshale,
and Robert de Frankeville claimed the same within the manor of Elynhale,
it is not known by what warrant. The Bishop appeared by attorney and
stated he found his Church seised of the said franchise, and Hugh de Louther
is told by the Court to sue for it (by writ of Quo Warranto).
Robert came and stated he claimed nothing except in the name of the
dower of Hillaria formerly wife of William de Harecourt of the inheritance
of Richard de Harecourt, and without whom he cannot answer. The Sheriff
is therefore ordered to summon the said Hillaria and Richard. A postscript
adds that Richard afterwards appeared, and the cause was terminated under
the Hundred of Pyrehull. (See further on.) m. 9, dorso.
The jury presented that the Bishop of Coventry and Lychfeld holds the
manor of Eccleshale in capite of the King, and it is worth £60 a year; and he
claims to have in it assize of bread and beer, it is not known by what
warrant; and Hugh de Luthre stated the King was suing the Bishop (by writ
of Quo Warranto). m. 9, dorso.
Of Franchises they say that Robert de Frankeville and Hillaria his wife
claim to have in the manor of Elynhale gallows and assize of bread and beer,
and two free courts annually, and it is not known by what warrant. The
Sheriff is therefore ordered to summon them before the Court. A postscript
adds this was settled under the Hundred of Pyrhull. m. 9, dorso.
The Hundred of Totmonslowe appeared by twelve jurymen and presented (inter alia):—
Hugh the Miller of Robert de Accovere, Hugh son of Nicholas the carter
of Roucestre, and Agnes, a servant of Robert de Accovere, were together in
the house of Robert de Accovere at Denston, and a quarrel arising between
them, Hugh the Miller struck the said Hugh with an iron rod on the head,
so that he died the next day. And Hugh the Miller fled, and is suspected.
He is therefore to be outlawed. He had no chattels, and was in no tything,
because he was of the manupastu of Robert de Accovere. And the said
Agnes had died. m. 13.
The jury present that Ralph Basset of Weledon held the manor of Maddele
in capite of the King, and it was worth £40 a year; and Richard son and
heir of the said Ralph is under age and in ward to Alianora Basset, it is not
known by what warrant. The Sheriff is therefore ordered to summon her.
Alianora afterwards appeared and stated that the King had granted to Hugh
de Courtenay the marriage of the said Richard the heir of Ralph, and in the
event of Richard dying before he was married by Hugh, he was to have the
marriage of Henry the brother of Richard, and so on from heir to heir until
the said Hugh had in this way obtained the benefit of the marriage of the
heir (effectum maritagii heredis hujusmodi fuerit assecutus). And she produced
the King's letters to this effect, and she stated she had purchased the marriage
of the said Richard for 40 marks from Alianora formerly wife of Hugh de
Courtenay and the other executors of the said Hugh, and she had acknowledged this debt of 40 marks before the Barons of the Exchequer; and as
regarded the manor of Maddele, she stated she claimed nothing in it except
in the name of dower of the inheritance of the said Richard son of Ralph.
And of Dames (Dominabus) the jury say that Alianora Basset holds the
manor of Maddele, which is worth £40 annually, of the King in capite, and is
maritanda.
Of defaults, they say that Edmund the King's brother, Hugh le Despencer,
Robert de Wynenton, Robert le Grosvenor, David de Haselwell, Henry de
Pathewell, Magister John de Vernay, Nicholas Osbernet of Crakemersh,
Philip de Barynton, and Margaret de Huxelegh did not appear on the first
day. They are therefore in misericordiâ.
Of Indictments they say that Robert de Bagenholt (Bagnall), Adam de
Bagenholt, John de Bagenholt, and Henry Pendecrowe of Lec had withdrawn
themselves (subtraxerunt se) for many robberies and larcenies. And they
are suspected. They are therefore to be outlawed. They had no chattels,
but Hemy Pundecrowe held land of which the year and waste is worth half
a mark, for which the Sheriff answers, and he was not in a tything (decennâ),
because he was a freeholder (quia liber). And the others are not in decennâ
because they were vagrants. It afterwards appeared that Robert (de Bagenholt) had chattles worth 16s., for which the Sheriff answers, and he was not
in decennâ because he was a freeholder.
The jury present that John de Chaunsy the son of the lady of Tene,
Robert Maulovel, William de Wrotshull, and Robert the Chaplain, who
formerly was with Richard the lord of Tene, Alexander the Palefreur of the
said Richard, and Blaunson the baker of Richard, had entered the park of
Richard de Cavereswell at Cavereswall in the present year, and had taken a
buck and carried it away. And William de Wroxhull was captured and
delivered to William de Tittenleye, who answers for him. And the said
John and the others were taken; and William appeared and stated that the
deed would appear to have been committed in the past summer, and he
prayed for judgment on the indictment; and as it appeared that the year was
not over, the case is to remain. m. 13.
The jury present that this Hundred is the King's, and is worth 20 marks
annually, and William Wyther holds it for 20 marks at the will of the King.
m. 13.
Of Franchises they say that Edmund the King's brother claimed to have
gallows and assize of bread and beer in his manors of Uttuckeshall, Alveton,
Rocestre, Mathelfeld, Kyngeston, Alstonesfeld, Leyk, and Enedon, and it is
not known by what warrant, and Hugh de Louther stated that the King
was suing the said Edmund for the above liberties. m. 13.
Of Warrens they say that Theobald de Verdun, Simon Basset, Nicholas de
Audeleye, and the Abbot of Deulacres, claimed warren in all their demesne
lands; it is not known by what warrant. And Hugh de Louther stated that
the King was suing them for the above liberties. m. 13.
The jury of an inquisition had elsewhere (fn. 38) presented that the men of the
manor of Chedle (Cheadle) used to come twice yearly to the Sheriff's tourns
until twenty years ago, when a certain Abbot of Crokesdone had withdrawn
their suit. And in the same way the manor of Caldon used to do suit to this
Hundred every three weeks, and to be geldable with the Hundred until fifty
years ago, when one of the Abbots of Crokesdene had acquired the third part
of the manor, and had withdrawn the suit and the geldability of the third part.
And the Abbot came and stated that as regarded the suit of the manor to
the Hundred, that Henry de Lacy Earl of Lincoln holds one part of the manor
(of Caldon), and does suit to the Hundred, and the Sheriff acknowledged this
to be true, and he denied that the manor was not geldable; and as regarded
the appearance at the Sheriff's tourn of two men, he prayed that it might
be commuted at 6d. per annum, and this was conceded to him. m. 13, dorso.
The same jury had presented that the tenants of the lands of William
de Whythalk, Henry de Sharpeclif, William de Padewyk, Robert de Sharpeclif, and Thomas de Padewyk used to do suit to the Hundred every three
weeks, and to be geldable in all things with the Hundred until sixty years
ago, when they were transferred to the Liberty of Nicholas de Verdon of
Alveton, and which Theobald de Verdun now holds. The Sheriff is therefore
ordered to summon the said tenants and Theobald. And they appeared, viz.,
William son of Henry de Sharpcliff, John son of William Padewyk, Thomas
son of Robert de Sharpclyf, and Thomas de Padewyk the tenants of the said
lands, and they said that they and their ancestors had never performed suit
to the Hundred, nor had they been geldable, and they appealed to a jury.
The jury stated that one William de Ypstanes had acquired the said lands
from William de Chetelton forty years before, who had held them as
waste appurtenant to his manor of Chetelton; and William used to do suit to
this Hundred every three weeks for the said manor, which is geldable with
the Hundred. And they say that the same William de Ypstanes afterwards
put inhabitants upon the land, but neither the said William nor any other
tenants of the land ever did suit to the Hundred, for ever since the land had
been inhabited the tenants had answered with the manor of Alveton, which
is entirely extra geldabile. And the said Theobald stated that his ancestors
had died seised of the suit of the said tenants, and he demurred to the form
of the writ. Hugh de Loutre afterwards appeared and stated that the King
was suing the said Theobald (by writ of Quo Warranto). m. 13, dorso.
The jury presented that Magister Henry de Bray together with William
Tyson of Fudelegh, Henry Tyrry, and others, had come to Westwode with
many others of whose names they are ignorant, in order to take seisin of
certain land which William de Westwode had given to him, and which was
of the fee of the Abbot of Deulacres, and they had entered into it against the
will of the said Abbot, and Thomas de Bernardscroft and Henry Canoc of
Lek, Robert the Miller and others had come up to prevent their entry, and
a quarrel arising, Henry Tyrry had shot an arrow and killed Robert the
Miller. Henry and the others therefore are to be apprehended. Thomas
de Bernardescroft and Henry Canoc surrendered and were acquitted by a
jury of the Hundred and four neighbouring vills, and the Sheriff returned
that William Tyson and the others could not be found, but they were not
suspected of the death of Robert, and that Magister Henry de Bray was in
prison in the Tower of London by judgment of the King. (fn. 39) m. 13, dorso.
The Liberty of Newcastle-under-Lyme appeared by twelve jurymen,
who presented (inter alia):—
That Ralph de Beyvill held the manor of Langeton in capite of the King
by the sergeanty of finding a horseman with an iron cap, gambyson, and
lance for the custody of Newcastle for forty days in time of war at his own
cost, and for the service of escorting the King in time of war when the King
goes into Wales from Newcastle as far as Wrymesford, and in returning from
Wrymesford to Newcastle, and it is worth 2 marks yearly. And the Prior
of Trentham holds of the said sergeanty a piece of land which is worth 18d.
yearly, and a meadow which is worth 12d., and similarly John Felipe of
Longeton holds of it four bovates of land which are worth 4s. yearly and
Thomas Brun holds of the same sergeanty in Newcastle an assart which is
worth 2s. yearly, and Margaret de Bagenholt holds four bovates of land
worth 4s. yearly; Roger Meyron two bovates worth 2s. yearly; Richard de
Adderleg six acres worth 12d. annually; Thomas de la Mere a place which is
worth 12d. yearly, and Eva de Hurtwall two bovates of land worth 2s. yearly,
and it is not known by what warrant. The Sheriff is therefore ordered to
summon them; and they all appeared except Richard de Adderlegh; and the
Sheriff is ordered to take his land into the King's hands. And the said
Margaret stated she held the four bovates of land for a term of ten years of
William de Bagenholt her son, who appeared and answered for her, and he
and the Prior and the others stated that the sergeanty had been dismembered
in the time of King Henry the King's father, and that one Philip Lovel (fn. 40)
assigned by the King's writ for that purpose, had commuted the dismemberment, and they appealed to the record of the King's Exchequer. A day was
given to them to produce the record coram Rege on the morrow of the
Ascension. m. 16.
Of Franchises they say that Edmund the King's brother holds the manor
of Newcastle of the gift of King Henry the King's father, and he claimed in
the same, view of frankpledge, assize of bread and beer, gallows, pillory,
tumbrell, pleas of forbidden distress, and the return of writs; and similarly
Nicholas de Aldythelegh claimed to have view of frankpledge and warren in
his manor of Tunstall; and the Prior of Trentham claimed to have view of
frankpledge, gallows, pillory, and warren in his manor of Trentham. Hugh
de Lothre stated that the King had a writ against the above for the said
Liberties.
And the jury say that the Master of the Knight Templars in England
claimed to have view of frankpledge, assize of bread and beer, and Theng in
Keel, it is not known by what warrant. The Sheriff is therefore ordered
to summon him. And the Master appeared by attorney, and stated that
King Henry the father of the present King had conceded to God, the Blessed
Mary, and the Brethren of the Militia of the Temple of Solomon (fratribus
militiœ Templi Salomonis) all the reasonable gifts of lands, and of men and
alms given by his predecessors, or acquired by them in any other way, and
he produced the King's charter of confirmation, and stated that he and his
predecessors had held these franchises from time out of memory in the manor
of Leek. A jury testified to the same, and they were allowed. m. 16,
dorso.
Of Churches they say that Edmund the King's brother has the advowson
of the Church of Stokes near Newcastle, which is worth 160 marks annually,
and similarly the advowson of the Church of Wolstanstone, which is worth
100 marks annually, and which were formerly of the donation of the King,
and it is not known by what warrant Edmund holds them; and Edmund
appeared by his attorney, and stated that Wulstantone is a Chapelry
pertaining to the Church of Stoke, and that King Henry the King's father
had given to him the manor of Newcastle-under-Lime with the advowsons of
the churches and all things appertaining to it. Hugh de Louthre stated that
the King was suing the said Edmund for the advowsons in question. m. 16,
dorso.
The jury of an inquisition taken elsewhere had presented that the Abbot
of Deulacres in his manor of Leek, and likewise Theobald de Verdun in his
manor of Alveton, took travers from those driving wagons and carts within
the said manors, viz., from every waggon ( ), and from every cart 1d.,
and it is not known by what warrant. The Sheriff is therefore ordered to
summon them; and Theobald stated that he never took "travers," (fn. 41) and made no
claim to take them; and the Abbot stated he had only been Abbot for three
months, and he had never taken "travers," and made no claim to take it, and
they both appealed to a jury. A jury elected ad hoc stated that Theobald
had never taken "travers" in his manor, but they say that the Abbot had
taken "travers" in his manor of Lek, and his predecessors also had taken it.
The Abbot therefore is in misericordiâ, and it is forbidden to him to take
"travers" in future, and the Sheriff is ordered not to permit him to take it.
m. 16, dorso.
The jury of the Borough of Stafford presented (inter alia) that Henry de
Boyleston and Sibilla de Assheburn his wife, at the suit of Richard son of
Henry de Merston, took refuge within the Church of St. Bertelin of Stafford
and acknowledged various robberies and larcenies before the Coroner and
abjured the Kingdom. They had no chattels, and he was in no tything
because he was a stranger; and because this happened during the daytime
and the borough did not apprehend them, it is in misericordiâ. m. 17.
The same jury presented that Vivian de Aston formerly gaoler of the King's
prison of Stafford had approvers in his custody, and made them appeal faithful
and innocent persons for the sake of lucre and to extort money. He is
therefore to be apprehended. The said Vivian did not appear, but John de
Norton the Bailiff of Pyrhull came and paid a fine of one mark for him.
m. 17.
Adam le Notyere of Talk apprehended for a robbery and taken before
William Bagod and his fellow Justices assigned to deliver the gaol, turned
approver and accused William Budde of Talk of having robbed in company
with him (de societate et roberiâ) two merchants in the park of Aldelegh; and
the said William before the Justices offered to defend himself by his body
against the said Adam: and a duel was waged and fought between them, and
the said William conquered the approver Adam, who was immediately
hanged. He had no chattels, and the said William was bailed by Thomas
Budde and ten others named, who mainprized to have him here on the first
day, and he did not appear. They are therefore in misericordiâ; and as the
said William had absented himself, and the jury suspect him, he is to be
outlawed. He had no chattels, and was in no tything because he was a
vagrant. m. 17.
The Hundred of Offelowe appeared by twelve jurymen, who inter alia
presented that:—
John Mist who was hanged, with other robbers who are unknown, had
killed Richard the Clerk, son of the Rector of Barre, in the fields of Barre.
The first finder is dead, and no Engleschery was presented, therefore murdrum
on the Hundred. m. 18.
The Sheriff returned 5s. 6d. as deodand for a cart under which William de
Strethay was crushed in the vill of Strethay. m. 18.
William son of William the Clerk of Tymmor and James his brother
killed Agnes the daughter of John the Clerk of Wyrle in the fields of Wyrle,
and immediately fled, and they afterwards came back, and were apprehended
and taken before the Justices of Gaol Delivery and were hanged. The
chattels of William were worth 12d., and James had no chattels, and they
were both in the tything of Wyrle, which is in misericordiâ. m. 18, dorso.
Brother Robert de Parko, probationary monk (conversus) of Hales, dipping
a skin in the ditch of Bromwych, fell into the water and was drowned. The
first finder did not appear, and is not suspected, nor any one else. Value of
the skin is 2s. m. 19.
The jury presented that certain cross bowmen (Balistarii) of Gascony were
passing through the vill of Longedon, and one of them wounded John de
Hundesacre with a quarrel so that he died, and none of the neighbourhood
ventured to pursue the said Balisters in consequence of their great number
(propter multitudinem eorundem Balistariorum). Alditha formerly wife of
William de Tattunhill was the first finder, and did not appear, and is not
suspected. Her sureties are in misericordiâ. m. 19.
The jury presented that Margaret la Rouse held half the manor of Walsale
of the King in capite, which is worth £15 annually, and she was of the King's
donation (i.e., her marriage), and she is married to John Paynel, it is not
known by what warrant. The Sheriff is therefore commanded to produce
her. She and her husband John afterwards appeared, and could not show
the King's permission for the marriage, and they were fined 10 marks.
Their sureties are John de Herunville, William de Alrewych, William
Illory, and Richard Diryday. m. 19, dorso.
John de Brotherfeld killed himself in his own house in the vill of
Homerswych (sic, Handsworth). Judgment: Felonia de se. His chattels were
worth 21s. 11d., for which the Sheriff answers. The first finder appeared and
is not suspected. The jury and the vill of Honeswurth valued the
chattels falsely, and are in misericordiâ; and the vills of Russale and Brumwych did not fully appear at the inquest before the Coroner. They are
therefore in misericordiâ.
The Sheriff accounts for 11s. 8d. the value of the chattels of Ralph le
Levesone a robber and a fugitive who was beheaded; (fn. 42) and for the chattels of
Thomas Hardheved and Geoffrey de la Lynde, robbers and fugitives beheaded,
10s. 2d.
The jury presented that William le Syur, called le Gos of Tamenhorn, and
Alan his brother withdrew themselves (subtraxerunt se) for many robberies
and burglaries and larcenies, and it was testified that they were in prison at
Warwick. The Sheriff of Warwickshire is therefore commanded to produce
them at Stafford on the Quindene of Hillary. The chattels of William are
worth 18s. 6d., for which the Sheriff answers, and he was in the tything of
Richard Catebal in Tamenhorn. It is therefore in misericordiâ. The Sheriff
of Warwickshire afterwards sent Alan Gos, and stated William le Siour
called le Gos had turned approver before Walter de Beauchamp, the King's
Seneschall, and John Buteturt, Justices of Warwick. He is therefore to
remain there; and Alan Gos being asked how he wished to acquit himself
(qualiter se velit acquietare), denied the robbery, etc., and appealed to a jury.
And the jury of this Hundred and the neighbouring vills say he is guilty.
He is therefore to be hanged. m. 20.
The jury say that this Hundred (Offlow) is the King's, and is worth
16 marks yearly.
Richard Tyrel gives half a mark that he may be under plevin from
day to day. His sureties are Robert de Barre and William le Freman.
m. 20.
Of Indictments they say that John son of Thomas le Champiun of
Mercynton withdrew himself for many larcenies and burglaries. His chattels
were worth 19s. 4d., for which the Sheriff answers. He was not in decennâ
because he was a clericus.
Of Warrens they say that Edmund the King's brother claimed free
warren in all his demesne lands in Tuttebury; and the Abbot of Burton
claimed free warren in all his demesne lands in Burton, and Robert de
Somerville the same in Wychenovere, John de Arderne in Elleford, Geoffrey
de Camville in Clyfton, Roger the Bishop of Coventry and Lychfeld in
Langedon (Longdon), Agnes de Somery in Honesworth, and Ralph Basset in
Drayton; and it is not known by what warrant. And the Abbot of Burton
appeared and stated he claimed free warren by a charter of King John, which
he produced, and which stated that the King granted to the Abbot and monks
of Burton free warren in all their land (per totam terram suam). And Hugh
de Louther, the King's attorney, objected that no place was named in
the charter, and therefore the Abbot could not claim free warren in Burton
by virtue of it (left unfinished).
And similarly Adam de Brompton claimed free warren in all his demesne
lands in Eyton, and a market on every Monday, and a yearly fair of two days'
duration by charter of King Henry the King's father, which he produced,
and they were allowed.
And similarly Roger de Morteyn claimed free warren in his demesne
lands in Walesale by a charter of the present King, which he produced, and it
was allowed. And Geoffrey de Canvill appeared and answered elsewhere
amongst the Pleas of Quo Warranto. m. 20.
Of Franchises they say that the Abbot of Burton claimed to have gallows,
and assize of bread and beer in his manor of Burton; and Robert de
Somerville claimed the same in his manor of Alrewas; and Thomas Corbet
claimed the same in his manor of Brumle; and John de Hastyng claimed to
have gallows and assize of bread and beer, pillory, and tumbrell in his
manor of Tameworth and Wyginton; and Ralph Basset of Drayton
claimed the same liberties in his manor of Drayton; and Ralph de Grendone
claimed the same in his manor of Scheneston; and Agnes de Somery,
formerly wife of Roger de Somery, claimed the same in her manor of
Honesworth (Handsworth); and Walter Devereus and Richard de Marnham
claimed the same in the manor of Brumwych (West Bromwich); and John
de Herunvile claimed to have assize of bread and beer in his manor of
Wednesburi; and Roger de Mortayn, John Paynel, and Margaret his wife
claimed gallows and assize of bread and beer, pillory, and tumbrell in their
manor of Waleshalle; and Geoffrey de Camvile claimed to have view of
frankpledge, assize of bread and beer, Infongenethef, and wayf in his manor
of Clifton; and Richard de Wernon (sic) claimed gallows, view of frankpledge, tumbrell, and thew (sic) in his manor of Herlaston, and it is not
known by what warrant. The Sheriff is therefore ordered to summon them,
and writs (of Quo Warranto) to be issued. m. 20, dorso.
Of Sergeanties they say that William Trumwyne holds the Haye of
Chistelyn of the King in capite by sergeanty, rendering to the Chief
Seneschall of the Forest 1 mark yearly, and it is worth 100s. yearly; and
similarly Walter de Elmedon holds the Haye of Teddesle in capite of the
King by sergeanty, rendering 2 marks yearly to the same Seneschall, and it is
worth £8 yearly. And William son of William de Bentle held the Haye
of Bentle in capite of the King by sergeanty, rendering yearly to the Seneschall
1 mark, and it is worth £4 yearly; and John son and heir of the said William
son of William is under age, and Robert de Bentle has the custody of the lands
of the said John; and John de Cave had married the said John son of William,
it is not known by what warrant; and Robert de Bentle appeared and stated
he held the custody of the said John by a demise of Magister Adam de
Botyndon, who held it by the concession of the present King, and he
appealed to the Rolls of the Chancery. And John de Cave appeared and
stated that he had the marriage of the heir by the demise of one Hugh de
Mandle, and by the concession which the present King had made to the said
Magister Adam de Botindon, and he appealed to the records of the Rolls of
the Chancery. And a day was given to them coram Rege on the morrow of
the Ascension. m. 20, dorso.
The Hundred of Cudleston appeared by twelve jurymen, who presented
inter alia that:—
William son of Hugh de Levedale and Robert Geoffray quarrelled one
night in the vill of Levedale, and William struck Robert with an axe on the
head and killed him; and William immediately fled, and is suspected;
therefore he is to be outlawed. His chattels are worth 58s. 2d., for which
the Sheriff answers; and he had certain land, of which the year and waste
is worth 76s. 8d; and the issue of his land for half the time (per medium
tempus) is £16, for which the same Sheriff answers. The first finder is dead,
and no Engleschery was presented; therefore murdrum on the Hundred. And
Hugh son of Robert de Levedale, Robert le Mareschall of Aston, and Roger
de Caverswalle took the half time without warrant. They are therefore in
misericordiâ. m. 21.
John Medicus of Stafford disputing with William de Draycote in the
vill of Stretton, a quarrel arose between them; and John struck William
with a sword on the head, so that he died on the third day; and John
immediately fled to the Church of Stretton and acknowledged the deed, and
abjured the Kingdom before the Coroner. His chattels were worth 37s. and
a farthing, for which the Sheriff answers. And it was testified that the said
John was now living in the town of Stafford. He is therefore to be apprehended, and as this took place in the daytime, and the vill of Stretton did not
take him, it is in misericordiâ, and because the vill of Bradelegh had falsely
valued the chattels before the Coroner, it is in misericordiâ. It was afterwards
testified that Adam le Especer of Bermyngham was present when John
Medicus killed William de Draycote, and had absented himself in consequence.
The jury do not suspect him, and he may return if he pleases, but his chattels
are confiscated for his flight; they are worth 15s. 6d., for which the Sheriff
answers. William le Leche (fn. 43) afterwards appeared, and being asked how he
wished to acquit himself of the said death, stated the King had pardoned him
for it, and he produced the King's Letters Patent, dated from Siliavetum in
France, 21st July, 17 E. I., and which stated that: Whereas we have learned
by inquisition that John le Leche, taken and detained in the prison of
Leominstre for the death of William de Draycote, killed him in self defence,
etc., and that, fearing death, he had fled to a church and abjured our land of
England, we hereby pardon him the suit of our peace and the adjuring of our
land for the said death, etc. And upon this proclamation being solemnly
made, and nobody appearing to sue the said John, firm peace is conceded to
him. m. 21, dorso.
Richard de la More of Brocton, and Richard his son and Lettice the wife
of the said Richard, were disputing with John Carbonel their lord in the
wood of Canoc; and a quarrel arising between them the said Richard struck
John with a staff on the head, and Richard son of Richard struck the same
John with a rail (repagulo) on the right side; and Lettice struck him with a
staff on the legs, and John died immediately afterwards. And Richard and
Lettice his wife were apprehended at once and conducted to the prison at
Stafford; and the said Richard de la More was taken before the Justices for
the Gaol Delivery at Stafford and was hanged. His chattels were worth
70s. 8¼d., and he held land of which the year and waste was worth 34s., and
from the issues of the same land for the half time (per medium tempus) 40s.,
for which the Sheriff answers. Roger the Bishop of Coventry and Lychfeld
took a part of the issues without warrant, and is in misericordiâ. And
similarly Ralph Nythingale took a part, and is in misericordiâ. And the said
Richard son of Richard fled and is suspected. He is therefore to be outlawed.
He had no chattels, and was not in a tything, because he was a freeholder
(quia liber). And as it was not clear that Lettice had been acquitted of the
said death, she is to be apprehended. And Roger de Burghton the Coroner
had sold and rased (stroppavit) the houses of the said Richard de la More
without warrant. He is therefore to be called up for judgment. m. 21,
dorso.
Of Indictments they say that Oliver son of Agnes de Stretton, John
Wernod of Shareweshulf (Shareshill), and Adam, a servant of William de la
Pole, had fled for a burglary in the house of John Derkyn of Ferestan
(Featherstone), and for several other robberies. They are therefore to be
outlawed.
They say that Richard de Stretton used to do suit to this Hundred for
his tenement in Stretton every three weeks, until eighteen years ago, when
Richard son of Richard withdrew the suit, to the loss of the King of 2s.
annually; and Richard son of Hervey now holds the said suit withheld. The
Sheriff is therefore ordered to summon him. And he appeared and could not
deny that the suit had been withdrawn as stated for the above time. It is
therefore considered that the King should recover the said suit (to the
Hundred Court) and the arrears of it, which are taxed at 36s; and Richard
is in misericordiâ.
The jury present that this Hundred belongs to the King, and is worth
16 marks annually.
Of Encroachments they say that Magister Ralph de Chaddesdon, the
predecessor of Magister William de Abyndon, the Canon of Knoshale
(Gnoshall), had diverted the course of the water under Flagemulle to the
injury of the whole country, and the said Magister William now holds the
said course so diverted since the last (Iter). The Sheriff was therefore
ordered to summon him; and he did not appear, and the Sheriff is therefore
commanded to restore the watercourse to its original state. m. 22.
The Sheriff returned 1 mark for deodand for a horse from which Richard
de Hulton fell and was killed.
Vill of Lychfeld.
A certain mendicant Thomas de Sestreshire (Cheshire) together with a
multitude of other paupers came to the house of Magister Adam de Waleton
within the close of Lychfeld to receive alms; and the door of the said Adam
being opened, Thomas hastened to enter with the other paupers, and owing
to the great pressure John le Wryere (claviger) of the said Magister Adam
struck him with a stick on the head in order to repel him, and the said
Thomas fell and being trodden under the multitude of the other paupers
was suffocated; and the jury together with the jury of the Hundred of
Offlowe being asked if the said John had struck Thomas feloniously, said no,
and that the blow was not the cause of his death, because he had been
suffocated by the pressure of the crowd. m. 23.
Nicholas le Blunt of Bannebury, Chaplain, and Walter de Langedon,
Chaplain, quarrelled in the house of Rose the bakeress of Lichfeld, and
Nicholas killed the said Walter, and fled immediately through the middle of
the close of the Canons of Lychfeld, entering by one gate and issuing by
another, and he was followed immediately by the hue and cry, and Lawrence
the watchman (vigilator) of the close shut the gates at once, thus preventing
the pursuit of a felon. He is therefore to be apprehended. And Nicholas le
Blunt had fled and was suspected, and is therefore to be outlawed. His lay
chattels were worth 28s. 2d., for which the Sheriff answers, and Agnes the
daughter of Rose, the first finder, appeared, and is not suspected; no Engleschery was presented, therefore judgment of murdrum upon the vill of
Lichefeld. Laurence afterwards appeared and stated that the affair took
place in the dusk of the evening, and that he always shut the gates at that
hour, and that at that time robbers were concealed about the country
(latrones latitabant per patriam), and through fear of robbers, who threatened
to enter the said close to rob the Canons, he had shut the gates. He was
fined half a mark. m. 23.
The jury present that William Griffyn of Colton who was apprehended
and delivered to the charge of William Tytnelegh the Coroner had escaped
from custody. The Sheriff is therefore to be called up for judgment on the
said evasion. And the said William Griffin had fled, and was suspected of
many robberies; he is therefore to be outlawed. His chattels were worth
47s., and he held land of which the year and waste was worth 26s., for both
of which the Sheriff answers. And John de Wasteneys afterwards appeared
and made fine for the year and waste (except for an acre and a half which are
of the fee of the Prior of Canewell) for 26s. 4d., and which he paid on the
spot (in continenti). m. 23.
The Hundred of Pyrhull appeared by twelve jurymen and presented
inter alia:—
Some unknown malefactors quarrelled with Richard son of Thomas de
Bromleygh at Brodhok in the forest of Canok, and killed him, and immediately
fled. It is not known who they were, nor what became of them; no Engleschery was presented, therefore judgment of murdrum on the Hundred.
The first finder was dead; and the vills of Alementon (Almington), Asshelee,
and Tittenesovere (Tittensor) did not fully appear at the inquest before the
Coroner, and are in misericordiâ.
The Sheriff returned 12d. deodand for an oak by which Thomas son of
Richard de Chetewynde was crushed so that he died. m. 23, dorso.
Some unknown malefactors broke open the mill of Staundon and killed
Roger de Dereslowe; and they immediately fled, and it is not known who
they were. Afterwards a hue and cry was raised and they were pursued by
the men of Eccleshale, so that one of them, by name Robert le Porcher, fleeing
from the King's peace was beheaded. He had no chattels, and Philip son of
Hamon the first finder did not appear, but is not suspected, and he was
attached by John son of Robert de Swynnerton and Robert Overey of
Waleford. They are therefore in misericordiâ. m. 24.
The value of the chattels of Robert son of John de Mere a robber and
fugitive, who was beheaded, is 103s. 4d. The same held land of which the
year and waste is worth 15s. 10d., and the issues for the half time are
£9 6s. 8d., and which William de Mere took without warrant. He is therefore in misericordiâ. m. 24.
William Trumwyn is in misericordiâ for contempt. John Giffard of
Chillington is in misericordiâ for the same. m. 24.
Nicholas de Longedone and Alice his wife were quarrelling in their house
in the vill of Betlegh, and one Cecilia the mother of Alice coming up to appease
the quarrel, the said Nicholas struck her with a knife on the head, so that she
died on the fourth day afterwards. Nicholas immediately fled, and is suspected;
therefore he is to be outlawed. His chattels are worth 53s., for which the
Sheriff answers. He was in the tything of Adam le Blake of Bettele, which
is therefore in misericordiâ. m. 24, dorso.
John son of Robert Joce of Bissopeston (Bishton) came by night to the
house of Margaret de Byssopeston in the same vill, and looking in at the
window to see what was going on in the house, one William the Dean, the
brother of Margaret, perceiving him, came out of the house, and a quarrel
arising between them, the said William struck John with a knife, so that he
died immediately, and William immediately fled, and it was testified he was
living at Stretton in the Hundred of Cutheleston. He is therefore to be
arrested, and his chattels confiscated for his flight. His chattels are worth
£4 11s., for which the Sheriff answers. William afterwards appeared, and
being asked how he wished to acquit himself, stated he was a Clerk; and
upon this Walter de Elmedon, acting for the Bishop (gerens vices Episcopi), came
and claimed him as a Clerk; and in order to determine the status in which he
should be delivered, the truth has to be inquired into by the country. The
jury say that the said William is not guilty of the said death, and that one
Robert Morcok, who is since dead, killed the said John. m. 24, dorso.
Four grooms leading four horses belonging to the King towards Heywode
ad pendinandum, and whose names are unknown, quarrelled with Madoc le
Waleys (the Welshman) outside the vill of Morton, and wounded him so that
he died, and they immediately fled, and Wenciliana the wife of Madoc, the
first finder, did not come, but is not suspected, and she was attached by
Geoffrey Godwyne of Coltone and John the brother of the lord of Blithefeld.
They are therefore in misericordiâ. The jury afterwards stated that Robert
Short, John le Grant, and William le Charman of the Queen killed the said
Madoc, and they withdrew themselves and are suspected; they are therefore
to be outlawed. They had no chattels, and were in no tything, because they
were of the King's household. m. 25.
Thomas de Derplaus son of Stephen Siward of Bidolf, Henry Pym and
Robert his brother were quarrelling in the wood of Bidolf, and Thomas struck
Robert in the stomach with a knife and killed him, and immediately fled;
he is therefore to be outlawed. His chattels are worth 62s. 1d., for which the
Sheriff answers; and the said Henry never withdrew himself, and the jury do
not suspect him, but as he was present and did not take the said Thomas,
and raised no hue and cry, he is in misericordiâ; and Robert de Staundon the
Coroner did not attach the said Henry; he is therefore to be called up for
judgment. m. 25, dorso.
Thomas de Wyshawe and Alexander his groom coming from the market
of Newcastle overtook Ralph le Frend and John his groom, and a quarrel
arising between them, the said Thomas struck Ralph with a sword on the
side, so that he died on the following day; and Thomas and Alexander
returned to the manor of Maddeleye and were apprehended there by Robert
de Staundon the Coroner and John de Norton the King's bailiff, and were
delivered into the custody of the vill of Maddeleye in order to be taken
to the King's prison of Bruges (Bridgenorth), when a number of footmen
and horsemen from co. Chester, whose names are unknown, rescued the
said Thomas and Alexander from the hands of the said vill and beheaded
them, and they carried their heads into Cheshire. The chattels of the said
Thomas were worth 16s., for which the Sheriff answers. It afterwards
appeared by the Coroner's Rolls that Margaret de Whyshawe the sister of
Thomas had appealed in the county court Adam Brun, Richard his brother,
and Thomas Coty of Maddeleye for the death of her brother; and the said
Margaret did not appear before this court. She and her sureties, viz., Philip
de Mutton and Robert Teverey, are therefore in misericordiâ, and Adam Brun
and Thomas Coty appeared and appealed to a jury; and the jury of the
Hundred and four neighbouring vills say they are not guilty, and they do not
suspect Richard Brun; and the jury testify that William Frend living at
Hunstreton in co. Chester, John son of William Frend, Robert de Lee and
Roger his son, and thirteen others named, had rescued the said Thomas and
Alexander from the hands of Adam Brun and others of the vill of Maddeleye
who were conducting them to prison, and had beheaded them. The Justiciary
of Chester is therefore commanded to arrest them and produce them before
this court on the Octaves of the Purification. A postscript states that three
of the accused appeared before the court and appealed to a jury, which
acquitted them, and the Justice of Chester returned that the others could not
be found, they are therefore to be outlawed. It was afterwards testified
that Robert de Lee and two others named were dead. m. 25, dorso.
Thomas son of Reyner de Colton disputing with William son of William
the smith of Colton outside the gate of John le Wasteneys in the vill of
Colton, a quarrel arose between them, and the said Thomas struck William
with a knife on the head and killed him; and Thomas immediately fled, and
is suspected. He is therefore to be outlawed. He had no chattels, and was
not in a tything because he was a Clerk. m. 26.
Sibilla the widow of William de la Forde coming from Newcastle by the
fields of Burwardeslyme (Burslem) fell into a pit full of water from which
coal had been dug and was drowned. Agnes daughter of Richard de Norton
the first finder did not come, and is not suspected, nor any one else. Agnes
is in misericordiâ. m. 26.
Thomas son of John Meverel of Tredeswalle (sic) Fradswell, and William
de Salford quarrelled, and Thomas struck William on the head with an axe
so that he died the next day; and Thomas immediately fled, and is suspected;
he is therefore to be outlawed. His chattels were worth 13s., and he was not
in decenna because he was a freeholder. m. 26, dorso.
Juliana de Kyngton on the suit of the King's bailiff fled to the Church of
Asselegh and acknowledged herself to have been guilty of several robberies,
and abjured the Kingdom before the Coroner. Her chattels were worth 2s.,
and as this took place in the daytime, and the vill of Asselegh did not apprehend her, it is in misericordiâ. And Roger de Burgton the Coroner allowed
her clothing and shoes to abjure the kingdom. He is therefore to be called
up for judgment. m. 26, dorso.
Richard son of John Hawys of Bromlegh Abbatis came to the house of
Hugh de Dunstalle in the vill of Bromlegh Bagot, and whilst embracing
(amplectando) Agnes the daughter of Hugh, Hugh the brother of the said
Agnes, five years of age, came up and struck Richard with a knife in the
thigh, from which cause he died at the end of six months; and because the
said Hugh was only five years of age, he could not commit a felony, and the
jury say he was entirely ignorant of felony. m. 27.
Philip the Forester of Stone and Robert Fletyng with others unknown
abused Robert Musberd of Eneston (Enstone) outside the vill of Enestone,
and stripped (spoliaverunt) and killed him; and the said Philip immediately
put himself into the Church of Enestone and acknowledged the deed before
the Coroner, and abjured the Kingdom. He had no chattels; and the said
Robert Fletyng was captured immediately and conducted to the King's prison
of Bridgenorth, and he was hanged there by the Justices of Gaol Delivery.
He had no chattels. m. 27.
The jury present that Edmund son and heir of Nicholas the Baron of
Stafford is under age and in ward to the King, and Ralph Basset of Drayton
has the marriage of the said Edmund, and Henry de St. Lambert holds the
manor of Maddele-under-Lyme of the inheritance of the said Edmund, which
is worth by the year £50, and it is not known by what warrant. The Sheriff
is therefore ordered to summon them. The said Ralph afterwards appeared
and stated that the King had conceded to him the marriage of the son and
heir of Nicholas Baron of Stafford, and he produced the King's Letters Patent.
And the said Henry did not appear, and the Sheriff is ordered to take the
manor into the King's hands. He afterwards appeared by attorney and
replevied the tenement, and stated that the King by his Letters Patent had
granted to him the custody of the first lands of which the custody should fall
to him of the value of £50 per annum for a term of eight years, and that
when the manor of Madelegh fell into the hands of the King, he obtained a
writ addressed to Magister Henry de Bray the King's eschaetor to grant him
seisin of it for eight years, and he produced the King's Letters Patent.
m. 28.
They say that Alianora Countess of Ferrars holds the manor of Chartele
of the King in capite, and is maritanda; and Illaria formerly wife of William
de Harecurt holds the manor of Elenhale in dower in capite of the King of
the heir of Richard de Harecurt, and she being at the disposal of the King, is
married to Robert de Fraunkeville, it is not known by what warrant. The
Sheriff is therefore ordered to summon them. Robert afterwards appeared
and stated that the King had given the said marriage of Hillaria to Hugh de
Beaumes for his laudable service, and the said Hugh had conceded the
marriage to him, as appears more fully under the Liberty of Eccleshale.
m. 28.
Of Churches of the King's donation they say that the Church of St. Mary
of Stafford is a free chapel of the King, and that Bogo (Bevis) de Clare holds
it by the collation of the King, and it is worth 50 marks per annum. m. 28.
The jury say that Geoffrey Griffyn holds the Hundred of Pirehill of the
King in fee farm for 6½ marks annually, and it is worth 40 marks, it is not
known by what warrant. The Sheriff is therefore ordered to summon him.
Geoffrey afterwards appeared and answered elsewhere to a writ of Quo
warranto. m. 28.
Of Sergeanties they say that Robert de Bromlegh, Walter Beysyn, and
John de Eyton hold the vill of Asshele of the inheritance of Philip de Burwardesle by the serjeanty of finding a horseman for the King's army in
Wales, at their own costs, whenever the King was present with his arm, and
they hold the sergeanty in purparty, and it is not dismembered, and it is
worth £20 per annum. And they are ignorant whether the service was performed or not. The Sheriff is therefore ordered to summon the said Robert,
Walter, and John. They afterwards appeared, and Robert stated he had
performed the said service in the King's wars, and he called to warranty the
Rolls of the King's Marshall; and a day was given to him at Westminster in
Parliament on the morrow of the Ascension. And Walter de Beysyn stated
that at the time of the war he was under age and in ward to the King, and
John de Eyton stated at that time John his father was alive and had performed the service, and the jury testified to the truth of this. m. 28.
The jury present that Geoffrey de Grysle (Gresley) had two villeins in
the vill of Morton, who held of him in villeinage, and were accustomed to
come to the Sheriff's Tourn twice annually until twenty-four years ago, when
Roger Bishop of Coventry and Lichfield attracted the said tenements to the
view of frankpledge of his manor of Heywode, by which the King had lost
8d. yearly. The Sheriff is therefore ordered to produce the said Bishop and
Geoffrey. Afterwards the Bishop appeared by attorney and Geoffrey appeared in person, and the Bishop admitted that the two villeins in question
came to his view of frankpledge of Heywode, but it was by distraint of
Geoffrey, and not by his distraint. And Geoffrey denied this to be true, and
appealed to a jury. The jury stated that the said Geoffrey ought to find two
men for the Bishop's view of frankpledge for his other tenants in the same
vill, and that Geoffrey had distrained the two villeins in question to come to
the Bishop's view, when they were formerly geldable or used to come to the
Sheriff's Tourn twice a year, and this first occurred sixteen years ago, and the
King had lost by it 8d. annually. It is therefore considered that the King
should recover the said suit to the Sheriff's Tourn and the arrears of it, valued
at 12s., and the said Geoffrey is in misericordiâ. m. 28.
Of Defaults they say that Thomas Meverel of Gayton, Ralph de Mungoye,
Thomas de Syngelton, John de Houton, Simon de Heghstal, Ralph de Rocheford, Thomas de Stouch Lord of Botyndon, Roger de Sutton, William le
Hore of Frodeswell (Fradswell), Nicholas le Hore of the same, Thomas, lord
of Mere, Roger de Fenton, and nine others named, did not appear on the first
day. They are therefore in misericordiâ.
Of Warrens they say that Robert de Staundon claimed to have free warren
in his demesne lands of Staundon; Robert de Halghton claimed the same in
Offeley; Roger the Bishop of Coventry and Lichfield claimed the same in
Eccleshale; Robert de Fraunkville in Elenhale, Robert de Hasteng in
Chebbeshey; the Prior of Trentham in Trentham; John fitz Philip in
Berlaston; Roes Trussel in Cublesdon; the Prior of Stone in Stone; William
Trumwyne claimed the same ab antiquo in Sondone (Sandon); William de
Stafford in Sondone; the Countess of Ferrars in Chartelegh; John de
Gastenays in Colton; the Abbot of Burton in Bromlegh, ab antiquo; Richard
de Draycote in Hopton; the Prior of St. Thomas in Orbython (Orberton),
Colton, Pendeford, and Frodeswall (Fradswell). Nicholas de Audelegh
claimed the same in Audelegh, Horton, Helegh, Norton, Tunstall, Thoresfeld,
Colde Norton, and Bettelegh. Henry (sic) Baron Stafford claimed the same in
Maddelegh; Richard de Harecurt (who had died) the same in Elenhale;
Theobald de Verdun claimed the same in Bokenhale (Bucknall). Afterwards
the Prior of Trentham and Theobald de Verdon appeared, and the Prior
stated that King Henry the father of the present King had granted to him
and his successors free warren in his demesne lands in Trentham, le Wal, and
Elkesdon; and Theobald stated that the same King had given to John de
Verdon, whose heir he is, free warren in his demesne lands of Crakemerse
and Bockenhale, and they produced the King's Charters.
Robert de Staundon appeared and produced a Charter by the present King
granting him free warren in Staundon, Fenton—Wyvien (Vivian), and
Bukenhale; and Roger the Bishop produced Charters of King Henry III.,
granting to him and his successors free warren in his demesne lands of
Lychfeld, Heywode, Langedon, Ruggele, Kanocburi, Berkewyz (Baswich),
Eccleshale, Brewode, and Beaudesert, and a yearly fair in Eccleshale, a
market and fair in Brewode, a fair at Ruggele, a weekly market at Kanocburi, and a yearly fair in Monte Tumba in this county. And John de
Wasteneys appeared and stated that King Henry had granted to one William
de Wasteneys, whose heir he is, free warren in his demesne lands in Colton
and a weekly market in the same by two Charters which he produced. The
Prior of Stone was sued by writ of Quo warranto elsewhere.
Roes Trussel stated that her ancestors had had free warren in Cublesdon
for time out of memory, and appealed to a jury, which found in her favour.
The Abbot of Burton and the Prior of St. Thomas answered elsewhere. And
Richard de Draycote stated that he holds the manor of Hopton as a perquisite
(ex perquisito suo), and that the lords of the manor had free warren annexed to
their lands before the reign of King Richard. (fn. 44) Hugh de Louther the King's
attorney disputed this fact, and Richard appealed to a jury, which stated that
the holders of the manor had first assumed free warren in the reign of King
Henry the King's father. It is therefore considered that the land should be
dewarrened (dewarrenetur), and Richard is in misericordiâ.
Robert de Halgton stated that King Henry III. had granted to Robert
de Halghton and his heirs, and whose heir he is, free warren in all his
demesne lands in Halgton, Alverston, Offelega, Shebbedon, Hull, Tunstall,
and le Lee in this county by a charter which he produced; and the Countess
of Ferrars appeared by attorney and stated she held the manor of Chartelegh
in dower of the inheritance of John de Ferrars, who is under age, and in ward
to the King. The suit is therefore to remain, and John fitz Philip answered
elsewhere. m. 28, dorso.
Of Franchises they say that Roes Trussel claimed view of frankpledge,
assize of bread and beer, Infongthef and gallows in her manor of Cublesdon,
it is not known by what warrant; and Roes appeared by attorney and
claimed the above liberties by prescription. Hugh de Louther disputed her
right to them, and appealed to a jury; which stated that Roes and her
ancestors before the time of King Richard and ever since had used and
enjoyed the above franchises without interruption. It was presented that
Richard de Lee claimed pleas of forbidden distress, assize of bread and beer,
view of frankpledge and gallows in his manor of Folford (Fulford), it was
not known by what warrant. Richard appeared and stated he made no claim
to hear pleas of forbidden distress, and as regarded the other liberties his
ancestors had held them from time out of memory. Hugh de Louther
disputed the claim, and asked that it might be determined by a jury. The
jury say that the ancestors of the said Richard obtained the said manor from
the Prior of Great Malvern in the time of King John, and that he and his
ancestors had held the said franchises from that time; and as Richard had
claimed the said franchises from time out of memory, and it appeared that
his ancestors had only held them from the time of King John, and he could
show no other title to them, it is considered that they should remain to the
lord the King; and they were valued at 12 farthings yearly, and the said
Richard is in misericordiâ. Richard afterwards appeared in court and
prayed that he might be allowed to commute (arentare) the said liberties at
2s. 3d. yearly, and they were conceded to him and to his heirs, dum Regi
placuerit. m. 28, dorso.
Of Valets they say that John Bagod of Bromlegh, Richard de Cavereswall,
Geoffrey de Wasteneys, Philip de Chetwynde, Ralph de Dokeshay, and John
Grym, hold full Knights' fees, and are of full age, and are not yet Knights.
They are therefore in misericordiâ, and the twelve jurymen concealed these
facts, and are therefore in misericordiâ. m. 28, dorso.
Of Indictments they say that Geoffrey de Freford, Robert Drabel, Richard
de Halghton, and Richard de Weston, and five others named, had withdrawn
themselves on account of various robberies and homicides, and Gylemin
formerly a servant of Geoffrey de Grisele (Gresley), and Robert son of Geoffrey
de Grisele for the homicide of John son of Hugh de Wasteneys of Huccesdon
(Hixon), and for the robbery of oxen, cows, and horses.
Agnes formerly wife of Richard de Draycote, had withdrawn herself for
the death of Richard formerly her husband. (fn. 45) Robert de Bagenholt, John his
brother, and Adam brother of the same John, for many larcenies and
robberies. William de Erdington of Colton for a burglary in the house of
Nicholas son of Richard de Colton, etc. (sixteen others named as having
withdrawn themselves for various crimes). The men are to be outlawed, and
the women to be wayviata. m. 28, dorso.
William Puddyng appealed in the County Court John son of Simon de
Cherleton for maheem and breach of the King's peace; and he did not appear,
and his sureties are therefore in misericordiâ; and the said John appeared and
was prosecuted at the suit of the King, and appealed to a jury. The jury
said that John was Constable of the vill of Cherleton (Chorlton), and found
the said William making a disturbance there (facientem medletam), and
when he tried to approach him, William struck him on the head with his bow
and knocked him down; and when he got up William attempted to strike
him again, and John in defending himself cut off two of the fingers of
William with his sword; John is therefore acquitted. m. 29.
John de Brok, Ivo de Titnesover, Roger de Walton, and John de Badenhale are in misericordiâ because they did not produce Roger, formerly Prior
of Staines, whom they had bailed. m. 29.
The jury say that Ralph de Burgo had taken five marks from the vill of
Wulstaneston for the chattels of a felon who was unknown; and the Sheriff
was ordered to produce Ralph, who denied the accusation and appealed to a
jury. The jury of this Hundred together with the jury of Newcastle said
that he had taken the five marks, and appropriated them to his own use. He
is therefore sent to prison, and the Sheriff is ordered to levy five marks from
his goods and chattels for the use of the King. Ralph was afterwards
released for a fine of 20s. m. 29.