Banco Roll. Hillary, 31 E. I.
(Apud Ebor.)
Staff. Henry de Grey and Joan his wife sued Edmund son and heir of
Robert de Somerville, in a plea that he should warrant to them the third part
of twenty-six tofts and six virgates of land and seventy-nine acres of land in
Corbrugge and Scirescote, which Isabella formerly wife of Robert claimed
as dower. Edmund did not appear, and the Sheriff was ordered to summon
him for three weeks from Easter. A postscript further adjourns the suit
to Trinity term. m. 49.
Staff. Henry de Rolleston sued Thomas son of Robert de Pype, John
de Miners, Mathew de Vilers, William son of Robert de Caverswell, and
Henry de Alrewas for a debt of £40 owing to him. Adjourned to Trinity
term. m. 49.
Staff. Margaret daughter of Agnes de Norton sued Hugh de Audeley
for £300 owing to her. Adjourned to Trinity, and afterwards to Michaelmas
term. m. 64.
Staff. Roger de Burghton sued Cecilia formerly wife of Adam son of
Robert de Swyneshed, in a plea that she should render up to him the custody
of the land and heir of Adam son of Robert de Swyneshed, which belonged
to him, because the said Adam held his land of him by military service.
Agnes did not appear, and is to be attached for the Octaves of Trinity.
m. 66.
Staff. In the suit of Geva formerly wife of William Russel, of Bradewelle,
against Thomas le Forester, of Newcastle-under-Lyme, for dower, Thomas
appeared and called to warranty Thomas the son and heir of Nicholas de
Aldytheleye, who is under age and in ward to Hugh le Dispenser, and whose
lands are in the custody of Amadeus, Count of Savoy (Sabaudiæ) and he produced a deed of the said Nicholas, granting the tenements to him and his heirs
with a clause of warranty. The custodes are to be summoned for a month
from Easter. A postscript further adjourns the suit to Trinity term. m. 79.
Staff., Ebor. Grimbald Fraunceys sued Richard de Vernun in a plea
that he should warrant to him a messuage, one hundred and sixty acres of
land, six acres of meadow, and half a mill in Barton near Melsanby in
co. Ebor, which John de Hertford claimed against him; and Richard did not
appear, and the Sheriff of York was ordered to take land belonging to him
into the King's hand to the value of the tenements claimed; and as the value
was not known to the Court, to send an extent of them at Easter term. A postscript states that the Sheriff sent an extent at Trinity term which showed
the tenements were worth £15 a year. He was therefore ordered to take
land of Richard to that value into the King's hand and to summon him for
the Octaves of St. Martin, on which day the Sheriff sent no writ, and the suit
was adjourned to the Easter term following. m. 186.
Letters of protection enrolled for John de Ferrars, who was about to
proceed to Scotland in the service of the King. Dated from Odiham
12th January, 31 E. I. m. 216, dorso.
Staff. The executors of Magister Robert de Stafford sued Magister
Robert de Fyleby for 30 marks; and the custos of the Spiritualities of the See
of Ely had been ordered to produce the said Robert at this term, and had
done nothing in the matter, and it was testified that the said Robert held a
lay fee in co. Kent. The Sheriff of that county is therefore ordered to
produce him at Trinity term. A postscript adjourns the suit to the Quindene
of St. Martin. m. 150, dorso.
Staff. Ralph de Hengham sued Katrine formerly wife of Nicholas de
Aldythele, William de Stafford, Knight, Geoffrey de Walpole, and William
de Weston, the executors of the will of Nicholas, for a debt of 208 marks.
None of the defendants appeared, and the Sheriff was ordered to distrain
and produce them at the Quindene of Easter. m. 79, dorso.
Staff. The Sheriff had been ordered to distrain Isabella formerly wife
of Ralph de Grendon, and to produce her at this time to acknowledge what
right she, together with Theobald de Neville, claimed in the third part of
the manor of Shenstane, which Ralph de Grendon had conceded to John de
Clynton of Coleshille by a fine, and she did not appear. He is therefore
ordered as before, and to produce her at Easter term. The same day is given
to the said Theobald in banco. m. 27, dorso.
Gaol delivery of co. Stafford before Robert de Bures and
Roger de Bellafago, Justices assigned, etc., on the
Monday after the Feast of St. Cedde. 31 E. I. (4th
March, 1303.)
(Extracts.) (fn. 1)
Richard de Wolselega, taken and detained in the gaol of Stafford for the
death of Geoffrey de Heiwode, being asked how he wished to acquit himself,
put himself on the country; and he produced a writ from the King, which
stated that if the said Richard chose to put himself on the country, his case
was to be tried (deliberationem de eo fiat); and Robert de Pype, Robert de
Bromlega, Ralph Basset, Roger Trumwyne, Richard de Draycote, Robert de
Grendon, Richard de Barton, Clericus, John de Wenlok, William de Freford,
William de Lee, John de Perton, Philip de Luttelega, John de Tresel, Robert
le Megere, Thomas de Engleton, Robert de Horselega, John de la Bourne,
Richard le Mortimer, Ralph de Bromelega, Clericus, Ralph de Pype, Roger
le Rouz, Henry de Caverswell, Robert de Esenington, and Nicholas de
Ambriton, Clericus, jurors, say on their oath that Richard is not guilty.
Roger de Alstone, taken and detained in gaol for the death of the said
Geoffrey de Heywode, put himself on the country; and he produced a writ of
the King (as before), and Robert de Pype and the other jurors named above
say he is not guilty.
William Schenestal was tried by the same jury and acquitted for the
death of Adam Hergin of Ruggele.
Thomas son of William de Charnes and Roger de Alston were tried and
acquitted by the same jury for the death of the same Adam Hergin of
Ruggele.
Simon Stoch of Kyngesbromley was tried and acquitted for the death of
William Gerard of Stafford, and likewise for the death of William Jurdan, a
tenant of the Abbot of Chester.
John de Byssopiston, Chaplain, and Richard his son, detained in gaol for
the death of Geoffrey de Heywode, are remitted to gaol because they have no
writ of the King, de bono et malo.
Robert Neythekyn of Onileye was tried and acquitted for a burglary in
the house of Richard de Thilkenes, and taking goods of the value of £20.
Elianora de Maddele, taken and detained in gaol, and found in the possession of cloth taken by breaking open the house of Williams on of Elias of
Bromle, put herself on the country, and the jury say she did not break into
the house, but entered by the door, and took goods to the value of 3d. and not
exceeding 12d. She was therefore acquitted.
Roger de Levynton, detained for robbing Robert de Veston (Weston) of
two colts, put himself on the country and was acquitted.
William, the Parson of Norburi (Norbury), detained for fishing by night
in the fish-ponds and marl pits of Ralph le Botiler, Robert de Veston, Roger
de Levynton and others, stated he was a Clericus, and upon this Magister
Richard de Norhampton and John Pippard, acting for the custos of the See of
Coventry and Lychfield claimed him as a clerk, and in order that the status
in which he was to be handed over might be known, let the truth be investigated by the country. The jury found he was not guilty.
Adam de Clayton, Chaplain, detained for divers robberies, stated he was
a Clerk. The same process was followed as in the last case, and the jury said
he was not guilty.
Adam de Mulnegreve of Longenlore (Longnor), detained for harbouring
Henry le Ku who killed Henry de Norton, is remitted to gaol because the
principal had not been committed.
Thomas Dorilot of Little Onne was tried and acquitted for a burglary at
the house of Simon de Parva Onne, and stealing cloth to the value of 10s.
John Sauvage of Thomeworth taken by Henry de Alrew as the Coroner
on suspicion of a robbery committted at Great Barre, was acquitted.
Avice de Hereford who was living at Thamworth, taken for harbouring
William le Pestour of Atherstone, Jordan de Pollesworth, Walter the servant
of William le Bret, and Henry Colkyn of Thamworth, who killed William le
Fremon of Barre, was remitted to gaol, because the principals had not been
committed.
Roger Alwyne of Longedon was tried and acquitted for the death of
Adam de Bentele.
Thomas de Alsacher, detained for a robbery near Matherfeld (Mayfield)
being asked how he wished to acquit himself, stated he would not put himself
on the country, and because he refused the common law (quare refusavit
communam legem), he is to be remitted to gaol et ponitur ad penam.
Henry de Caldewall, detained for stealing oxen and cows and for divers
robberies, put himself on the country, and all the aforesaid jurors say he is
guilty, ideo, etc. The word suspensus is in the margin; he had no chattels.
Roger the Vicar of Sondon (Sandon), detained for harbouring Robert de
Oxele a common robber, is remitted to gaol, because the principal was not
committed.
Thomas son of Richard de Blythefeld, taken and detained for the death of
Thomas son of William de Lutteleye, put himself on the country; and Robert
de Pype and the other jurors say that on the day of the Circumcision of the
Lord, 30 E. I., a dispute arose at Blythefeld between Thomas son of William
de Lutteleye and Thomas son of Richard de Blythefeld, and Thomas son of
William de Lutteleye drew his bow with an arrow in it, meaning to shoot
(sagitare) Thomas son of Richard, and Thomas son of Richard perceiving his
malice, drew his dagger (cultellum), and Thomas son of William tried to kill him,
and Thomas son of Richard then ran away as far as the cemetery close of the
vill and attempted to climb over the fence in order to escape from the other,
and he could not climb over the fence owing to its height, and he fell to the
ground, and the said Thomas son of William was pursuing him all the time
with his knife drawn, meaning to kill him as he lay on the ground, and
Thomas son of Richard perceiving he could escape death in no other way,
struck Thomas son of William with his knife in the stomach, as he was lying
upon him, so that he died, and they say positively that the said Thomas son
of Richard de Blythefeud killed Thomas son of William de Luttele in self
defence, and not feloniously or by malice aforethought (se defendendo occidit
et non per feloniam aut maliciam excogitatam). He is therefore remitted to
gaol to await the King's pardon.
John Schayl of Pessale, taken and detained in Stafford gaol for the death
of William de Pessale (Peshall), put himself on the country, and Robert de
Pype and the other jurors say that on the Thursday before the Feast of St.
Katherine, 30 E. I., a dispute arose in the vill of Ecclesale on the high road,
between John Schayl and William de Pessale, and the said William drew his
knife and assaulted the said John meaning to kill him, and John perceiving
this ran away as far as the house of Ralph de Berithone, and William followed
him with his knife drawn, and John fled through the house into a curtilage
and as far as a high hedge of thorns, and tried to get over the hedge in order
to escape; and he could not climb over the hedge owing to its height, and fell
to the ground, and William pursued him ferociously with his knife drawn, and
struck the said John through the middle of the arm with it; and the said
John was on his knees shouting and supplicating for peace, and William de
Peshale said he should have no peace and he would kill him; and John then
attempted a second time to climb over the hedge, and William again attempted
to strike him with his knife; and John perceiving he could escape in no other
way, then struck William on the head with an axe, so that he died, and they
say positively that John killed him in self defence, and not feloniously or with
malice aforethought. He is therefore remitted to gaol to await the King's
pardon.
Banco Roll, Trinity, 31 E. I
(Coram R. de Hengham, etc., apud Ebor.)
Staff. Henry Colyn of Offeleye sued Nicholas le Mareschal, Canon of the
Church of St. Lawrence of Gnoushale, in a plea that whereas by the King's
close writ of right it was commanded to the said Nicholas that he should do
full right to the said Henry respecting a messuage and eighteen acres of land
in Gnoushale according to the custom of the manor of Gnoushale, the said
Nicholas had maliciously suppressed the King's writ, and up to this time had
refused justice to him, in contempt of the King and to the disinheritance of
the said Henry. Nicholas did not appear, and the Sheriff returned he was a
Clerk and held no lay fee. The custos of the See of Coventry and Lichfield
is therefore ordered to produce him at the Octaves of Michaelmas. m. 1.
Salop. Roger de Peulesdon sued Adam Briayn in a plea that he should
render to him a reasonable account for the time he was his Bailiff in Peulesdon,
Killeshall, and Lyndon. Adam did not appear, and the Sheriff was ordered
to arrest and produce him on the morrow of All Souls. m. 6.
Salop. The Sheriff was ordered to arrest Isabella formerly wife of Robert
de Beysin and Hugh le fitz Aer, and keep them in prison till they had paid
Agnes formerly wife of Lawrence de Lodelowe and the other executors of
Lawrence a sum of £8 0s. 8d. which they had acknowleged to owe to them.
m. 6.
Staff. The suit of Isabella formerly wife of William Bagot against
Robert son of John de Grendon for 17s. of rent in Chesterfeld, remanet sine
die, because Robert had King's letters of protection whilst in the King's
service in Scotland. m. 7.
Staff. John de Grendon sued Edmund de Stafford in a plea that he
should carry out a covenant by which he was bound to find him reasonable
sustenance both in time of war and peace, for his life. Edmund did not
appear, and the Sheriff returned he held nothing within his bailiwick, but it
was testified he held sufficient. The Sheriff was therefore ordered to attach
him as before, for the morrow of All Souls. m. 42.
Staff. The Sheriff had been ordered to produce Stephen, Parson of the
Church of Swynnerton, to answer to the King as well as to the Prior
of Stanes, that whereas the said Prior had recovered from him in Court
a certain annual rent of 2 marks together with the arrears of the same, and
damages, the said Stephen had dragged the Prior into Court Christian
respecting the same rent, to the contempt of the King and to the loss of the
Prior; and the Sheriff returned that Stephen was a Clerk and held no lay
fee; the custodes of the See of Coventry and Lichfield are therefore ordered
to produce the said Stephen at the Quindene of Michaelmas. m. 42.
Staff. Emma formerly wife of John son of Roger Wauter of Little
Ridware, sued Robert Adecok and Agnes his wife and Nicholas brother of
Robert, in a plea that they had come vi et armis and cut down and carried
away the trees of the said Emma in Little Rideware. The defendants did
not appear, and the Sheriff was ordered to distrain and produce them on the
morrow of All Souls. m. 42.
Staff. Roger de Aston and Sibilla his wife give half a mark for licence
of concord with Adam de Ruggeleye respecting tenements in Hoghcesdon
(Hixon). m. 55. (fn. 2)
Staff. William de Salford and Agnes his wife, and John de Lappeley and
Juliana his wife, sued Richard Levesone of Wylenhale and Margaret his wife
for two parts of a messuage, four bovates and two acres of land, two acres of
wood, and 36s. of rent in Wulvrenehampton, as their right, and the reasonable
purparty of the said Agnes and Juliana, of the inheritance which formerly
belonged to Hervey son of Clement of Wulvrenehampton, the father of the
said Agnes, Juliana, and Margaret, whose heirs they are, and who had lately
died. Richard and Margaret stated that the said Hervey the father did not
die seised of the tenements, because before his death he had enfeoffed them of
them, and had put them into seisin of them, and they appealed to a jury, which
is to be summoned for the morrow of St. Martin. A postscript states that at
the date named the plaintiffs did not appear, and they and their sureties were
in misericordiâ. m. 65.
Staff. In the suit of Isabella formerly wife of Robert de Somerville versus
Henry de Grey and Joan his wife for dower in Corbrugge and Scirescote,
Henry and Joan did not appear, but afterwards came and called to warranty
Edmund son and heir of Robert de Somerville. The dower claimed is therefore to be taken into the King's hand, and they are to appear to hear judgment
at the Quindene of Michaelmas, m. 132.
Staff. John de St. Maur sued Thomas de Pyvelesdon and Alianora his
wife for twenty acres of land and two of meadow in Felde (Field), and
they did not appear, but they afterwards came into Court and called to
warranty Philip de Chetwynd. The tenements are therefore to be taken into
the King's hand, and they are to be summoned to hear judgment on the morrow
of St. Martin. m. 138.
Staff. John de Swynerton sued Katrine formerly wife of Nicholas de
Aldithelegh and James de Stafford for a sum of £40 which they owed to him.
They did not appear, and are to be attached for three weeks from Michaelmas.
By W. Howard. (fn. 3) m. 140.
Staff. Roger Coyne and Lettice his wife sued Alice formerly wife of
Henry de Wonynton for a third of six acres of land in Gravenhungre near
Woure as the dower of Lettice of the dotation of Thomas de Hulle formerly
her husband. Alice called to warranty Thomas son and heir of Roger son of
Philip de Wonynton, who is to be summoned for three weeks from Michaelmas.
The summons to be served in co. Stafford. m. 145.
Staff. Magister John Burguylhun gives half a mark for licence of concord
with Peter de Arderne respecting tenements in Knotton. m. 145.
Wygorn. The suit of the Prior of Sandwell against William de Elmhurst
and Christiana his wife respecting a messuage in Doddeleye (Dudley), is
respited till the morrow of All Souls, through defect of a jury. m. 146.
Staff. Simon Basset of Hadden sued Roger Basset of Caune and Joan his
wife for two messuages and a carucate of land in Ovre Elkesdon, and they did
not appear. The Sheriff is therefore commanded to take the tenements into
the King's hand, and to summonthem for the Quindene of St. Martin. m. 211.
Staff. The essoignor of Elizabeth daughter of Richard de Loges sued
Adam de Staneye and Elizabeth his wife for causing waste and destruction in
the woods which they held belonging to the said Elizabeth the wife of Adam,
and which are of the inheritance of the said Elizabeth daughter of Richard, in
Wyrleye. The defendants did not appear, and are to be attached for the
Quindene of St. Martin. m. 211.
Letters of Protection enrolled for Thomas Corbet, who was about to
proceed to Scotland in the King's service, in the suite of Fulk Lestrange.
m. 221.
Staff. The essoignor of William Bagot appeared against Bertram de
Burgh in a plea respecting a messuage and half a carucate of land in
Wilbrighton. Bertram did not appear, and the Sheriff was ordered to take
the tenements into the King's hand, and to summon him for the Octaves of
St. Martin. A postscript further adjourns the suit to a month from Easter.
m. 166, dorso.
Staff. Isolda formerly wife of Richard de Pyrye, sued John son of Robert
de Wirleye for two and a half acres of moor in Pyrye near Honesworth
(Perrybarr, near Handsworth). John did not appear, and the Sheriff was
ordered to take the land into the King's hand, and to summon him for the
Quindene of St. Martin. m. 160, dorso.
Staff. The suit of Thomas son of Nicholas de Aldithelye against William
de Rycher and Lucy his wife, for causing waste and destruction in the houses
and woods which they hold of the dower of Lucy and of the inheritance of
the said Thomas in Enedon, remanet sine die, because William had letters of
protection whilst in the King's service in Scotland, to last till the Feast of
St. Michael next ensuing. m. 137, dorso.
Staff. William Sauvage and Lucy his wife sued Richard Costantyn for a
third of the manor of Thorp-Costantyn and of the advowson of the Church as
dower of Lucy of the dotation of Geoffrey Costantyn her first husband.
Richard stated that Lucy had no claim to dower, because Geoffrey was not in
seisin as of fee of the tenements at the date he married her, nor afterwards, and he appealed to a jury, which is to be summoned for a month from
Michaelmas. m. 135, dorso.
Staff. Alice formerly wife of William le Sauvage and Philip de Bray the
executors of William le Sauvage, sued Ralph le Butiller for 4 marks. Ralph
did not appear and is to be attached for the morrow of St. Martin. m. 70,
dorso.
Staff. Roger de Clungenford, Clerk, was summoned by Edmund de
Stafford and Margaret his wife, in a plea that he should carry out an agreement made between them respecting the manors of Stafford, Bradeleye, and
Madeleye.
Roger appeared and a concord was made, and Edmund and Margaret gave
a mark for licence of concord, and prayed that a fine should be levied; and the
King sent a writ giving licence to the said Edmund de Stafford to enfeoff the
said Roger of the above-named manors, which were held in capite, and likewise to the same Roger to re-enfeoff the said Edmund and Margaret of the
same manors. The parties therefore had a chirograph. m. 4, dorso. (fn. 4)