Plea Rolls for Staffordshire
5 Edward III

Sponsor

Institute of Historical Research

Publication

Author

Major-General Hon. G. Wrottesley & Rev. F. Parker (editors)

Year published

1890

Pages

21-35

Citation Show another format:

'Plea Rolls for Staffordshire: 5 Edward III', Staffordshire Historical Collections, vol. 11 (1890), pp. 21-35. URL: http://british-history.ac.uk/report.aspx?compid=52481 Date accessed: 21 September 2014.


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Assizes taken at Lychfeld, before Henry de Hambury and Roger Hillary, Justices assigned, etc., in Co. Stafford, with whom was Associated Robert de Aston, on the Friday before the Feast of St. Gregory the Pope. 5 E. III. (March, 1331).

Staff. An assize, etc., if Roger le Blomere, of Tybynton and Robert de Heghhegge had unjustly disseised Amice the Deye, of twenty acres of land and two acres of pasture in Tybynton (Tipton). Robert answered as tenant, and stated he had entered by John de Sutton, who was not named in the writ, and prayed for judgment on that issue, and if that was given against him, he denied the disseisin and appealed to a jury. A jury found in his favor.

Staff. An assize, etc., if John, son of Richard de Sutton and Margaret, his wife, John de Cherleton, Chyvaler, John de Hynkele, Chyvaler, and John de Wrottesleye had unjustly disseised Henry Hillary of a messuage and a carucate of land, twenty acres of meadow, and of the Bailiwick of the Forestership of Asshewode, in the Forest of Kynefare. John de Cherleton answered as tenant, and stated that the tenements in dispute were part of the manor of Swyneford Regis, which is of ancient demesne of the Crown, where no writ would run except the King's lesser writ of right, and he prayed for judgment on the writ, and as regarded the Bailiwick, he stated nothing against the assize. The assize, ad hoc, was therefore taken. And Henry stated that in the vill of Swyneford there were two manors, viz., the manor of Swyneford Regis and the manor of Prestewode, which manors were in seisin of the said John, (fn. 1) and the said John had enfeoffed him of the manor of Prestewode to hold to him and his heirs for ever, and he produced the deed of feoffment of the said John, and he stated that the tenements in dispute were a part of the manor of Prestewode, and by virtue of the said feoffment he had been in seisin of them, until disseised by the said John, son of Richard, and the other defendants. The jury stated that the manor of Prestwode was a free fee, and the tenements in dispute were parcel of it, and that Henry was in seisin of them until the defendants John de Cherleton, John de Hynkele, and John de Wrottesleye had disseised him of them and of the Bailiwick, vi et armis, but that John, son of Richard and Margaret had done him no injury, nor taken part in the disseisin. Henry is therefore to recover seisin, and his damages were taxed at 40 marks, and the Sheriff was ordered to arrest the said John de Cherleton, John de Hynkeleye, and John de Wrottesleye. John de Hynkele afterwards made fine with the King at half a mark for which Richard de Venables and Adam de Swynesheved were his sureties. m. 3.

Staff. An assize, etc., if Adam Daras and Andrea, his wife, John de Perton the elder, and Leo, his son, William de Heselshawe, and Robert, his son, Adam Hogg, Reginald le Hore, Richard de Clebury, and Robert le Shepeherd, had unjustly disseised Rese ap Griffyth and Joan, his wife, of three messuages and a virgate of land in Okle, near Mokleston-in-le-Hales. The defendants did not appear, and the assize was taken in their absence. The jury found that Adam Daras and Andrea his wife, Adam Hogg, and Reginald, Richard, and Robert le Shepeherd had unjustly disseised the plaintiffs, but that John de Perton and the others had done them no injury. Damages £10. m. 3.

Staff. An assize, etc., if Henry de Knyveton and Alice his wife, and William, son of Henry, and Margaret, sister of William, Robert, son of William Engelun, Simon Haweson, and Juliana, his wife, and Robert, son of the said Simon, and Margaret, formerly wife of Ralph Lok, had unjustly disseised Emma, daughter of Walter Lok, of Marchynton-under-Nedwode, of six acres of land and an acre of meadow in Marchynton.

Henry and Alice, Simon and Juliana appeared, and Henry answered as Bailiff for the others, and Henry and Alice answered as tenants of four and a half acres of land and two parts of a rood of land, and two parts of an acre of meadow, parcel of the tenements in question, and stated that one Ralph, son of Walter Lok, of Marchynton, brother of the said Emma, and whose heir she is, had given the said tenements with others to them and to their issue, with a clause of warranty, and they produced the deed of the said Ralph to that effect. And Simon and Juliana answered as tenants of the residue of the tenements claimed, and stated that the said Ralph had given them together with other tenements to them and to their heirs, and with a clause of warranty, and they produced the deed of the said Ralph to that effect.

Emma admitted the deeds, but stated that the tenements in question were not included in the grants made by Ralph, but a jury found against her, and the suit was dismissed. m. 3, dorso.

Assizes taken at Lychfeld on the Saturday before the Feast of St. Gregory the Pope. 5 E. III.

Staff. An assize, etc., if John de Cherleton, Chivaler, John de Hynkeleye, Chivaler, William Moyle, Walter, Vicar of the Church of Seggesleye, Adam, son of Robert Flemmyng, of Shareshull, Edmund de Penne, and William le Clerk, of Seggesleye, and William, son of Peter le Fleshewere, of Duddeleye, had unjustly disseised Joan, formerly wife of Thomas Butetourt, Roger de Aylesbury, and Roger Hillary, of three messuages, three virgates of land, 1,080 acres of wood, and the moiety of the castle of Duddeleye. None of the defendants appeared, and the assize was taken in their absence. The jury stated that the said John de Cherleton, John de Hynkeleye, William Moyl, Walter, and Adam had unjustly and forcibly disseised the defendants. It was therefore considered that the said Joan, Roger, and Roger should recover seisin, and their damages were taxed at 1,000 marks, and the plaintiffs then applied for a writ of elegit, (fn. 2) against the said defendants, which was granted. m. 4.

Staff. Mary, daughter of John de St. Walery, who brought a writ of novel disseisin against the Abbot of St. Ebrulph and others respecting tenements in Eyton, did not appear to prosecute it, and the suit was dismissed. m. 5.

Staff. Felice, formerly wife of Thomas le White, of Hughcesdon, who brought a writ of novel disseisin against Magister Adam de Berley respecting tenements in Hughcesdon (Hixon) did not appear to prosecute it, and the suit was dismissed. m. 5.

Staff. Richard de Toggeford, who brought a writ of novel disseisin against Henry de Bisshebury and others, respecting tenements in Overpenne, did not appear to prosecute it, and the suit was dismissed. m. 5.

Staff. William, son of Robert de Haggeley, senior, who brought a writ of mort'ancestor against Matilda, formerly wife of Robert de Haggeley, respecting tenements in Upper Penne, did not appear to prosecute it, and the suit was dismissed.

Staff. Robert Boule, of Boterdon, who brought a writ of novel disseisin against William, son of Benedict de Boterdon, respecting tenements in Boterdon (Butterton-on-the-Moors), did not appear to prosecute it, and he and his sureties, viz., Ralph de Grendon and John de Grendon, are in misericordiâ.

Staff. Agnes, formerly wife of Richard de Stretton, who brought a writ of novel disseisin against Edmund Peverel and others respecting tenements in Stretton, near Lappeleye, did not appear to prosecute it, and the suit was dismissed. m. 5.

Staff. Amice, formerly wife of John de Houton, who brought a writ of novel disseisin against Felicia, daughter of Hugh de Halfhide and others, respecting tenements in Halfhide did not appear to prosecute it, and she and her sureties, viz., John de Houton and William de Bromeleye, are in misericordiâ. m. 5.

Staff. An assize, etc., if Thomas de Furnyvalle, junior, Joan, his wife, Henry de Shene, Ralph Tote, and Richard Abovetheweye, of Coton, had unjustly disseised Walter de Coton, near Caldon, of a messuage, and the fourth of a messuage, a bovate and a half of land, and the eighth part of a bovate of land in Coton.

Ralph de Grendon appeared as Bailiff for Thomas and Joan, and the others did not appear, and the assize was taken in their absence. The jury found that Henry, Ralph, and Richard had disseised the plaintiff, vi et armis, by the mission and procurement of the said Thomas and Joan, and his damages were assessed at 40s. Walter afterwards remitted his claim for damages, and Thomas and Joan were fined 20s. for the forcible disseisin and the other defendants 40 d. each. m. 5.

Staff. An assize, etc., if John de Beytherton, Richard in the Lone of Elton, Richard, son of William, Henry of Mershton and Alice, his wife, William de Stokton and Anabel, his wife, Henry Simmeson and Isolda, his wife, Robert, son of Robert Flemmyng, and Agnes Huwet had unjustly disseised Richard de Wollemere of half a messuage in Little Onne.

Robert, son of Robert, answered as tenant, and stated he had entered by Richard in the Lone, and Richard had entered by one Richard le Broune, and the other defendants denied they had inflicted any injury to the plaintiff.

The jury stated that one Richard de Onne, who was now dead, had given the moiety in question to the said Richard de Wollemere by deed, to be held by him and his heirs, on account of a marriage contract between Richard, son of the said Richard de Onne and Margaret, daughter of Richard de Ovyoteshay, on the condition, that the said Richard de Wollemere should enfeoff the said Richard, son of Richard de Onne and Margaret, of the said moiety, and if it should happen that the marriage should not take place, that then he should re-enfeoff the said Richard de Onne of the said moiety. And Margaret had refused to take the said Richard, son of Richard, as her husband, and Richard de Onne had then called upon Richard de Wollemere to re-enfeoff him of the moiety according to the agreement, and the said Richard had refused to do so, in consequence of which the said Richard de Onne and the defendants of this suit had ejected him, and they asked the Court whether such an ejection could be reputed as a disseisin. A verdict was given in favor of the defendants, on the ground that the seisin was conditional only. m. 5, dorso.

Staff. An assize, etc., if Robert Bithewater, of Salt, and William, son of Ralph le Bret, of Enston, had unjustly disseised William Bold, of Enston, and Dionisia, his wife, and William, son of William, son of Goditha de Burgheston, of the third part of a messuage and of a virgate of land in Salt and Enston. Adam de Swynesheved answered as Bailiff of the defendants, and took exception to the writ on the ground that Salt was a vill by itself, and Enston was a hamlet in the vill of Salt, and not a vill by itself. As the plaintiff could not deny this, the suit was dismissed. m. 5, dorso.

Staff. An assize, etc., if William de Grendon had unjustly disseised Matilda, daughter of William Swan, and Hawise, her sister, of a messuage, seven acres of land, and an acre of meadow in Werselowe. William answered as tenant, and denied any injury to the plaintiffs, and the jury found in his favor. m. 5, dorso.

De Banco. Hillary, 4–5 E. III.

Staff. Thomas le Rous sued Henry de Rybbesford for forcibly breaking into his house at Walshale, and taking from it four falcons worth £40. The Sheriff was ordered to arrest and produce the defendant at three weeks from Easter, m. 46.

Staff. William Meyrun who is said to be of full age, sued Peter, son of Roger Meyrun and Alice his wife for a messuage and four bovates of land, six acres of wood, and 3s. of rent in Meere, Longeton, and Weston Coyne, by a writ of entry. The defendants appeared by attorney and prayed a view, and the suit was adjourned to the Octaves of Trinity. m. 79.

Staff. William, son of William de Stafford, junior, and Isabella his wife, sued Thomas de Furnivall of Alveton for a debt of 200 marks. Thomas did not appear and the Sheriff returned into Court 40s., the proceeds of a distress. He was ordered to distrain again and produce the defendant at three weeks from Easter. m. 79.

Staff. William, son of Robert de Colton sued John, son of William de Puteo "du Puis," for a messuage in Ruggeleye. John did not appear, and the Sheriff was ordered to take the tenement into the King's hand, and to summon him for the Quindene of Trinity. m. 188.

Staff. Andrew Salveyn, who was of full age, sued William le Templer, of Syrescote, for 10 acres of land in Stotfold by writ of entry. William prayed a view, and the suit was adjourned to the morrow of St. John the Baptist. m. 198.

Staff. Isabella, formerly wife of Richard de Vernoun, senior, sued Robert le Wolf of Herlaston for a third of a messuage, and two virgates of land in Herlaston, and she sued Alice, formerly wife of Nicholas de Herlaston, for a third of a messuage, and virgate of land in the same vill, which she claimed as dower. The defendants did not appear, and had previously made default, and the dower claimed had been taken into the King's hand. Isabella therefore recovers seisin of it. m. 198

Staff. James de Stafford sued William de Chetewynde to give up to him a certain bond "quoddam scriptum obligatorium," which he unjustly detained, William did not appear, and the Sheriff had already distrained and returned 20d. proceeds. He was therefore ordered to arrest and produce the defendant at three weeks from Easter. m. 198.

Staff. Richard de Blithefeld sued Robert de Stepelton, Chivaler, to render to him £20 6s. 8d., the arrears of an annual rent of 40s. which he owed to him Robert did not appear, and had been distrained and the Sheriff returned 40d. as proceeds. He was therefore ordered to arrest and produce the said Robert at three weeks from Easter. m. 198.

Warr. Roger, son of Robert de Somerville sued Walter Coyne and Sarra his wife for 13 acres and 2 roods of land in Caldecote, near Napton, and he sued Richard, son of Alan de Lentle for four acres in the same vill. The defendants prayed a view, and the suit was adjourned to the Octaves of St. John the Baptist. m. 220.

Northamp. Staff. John, son of Richard de Haryngton sued Agnes, formerly wife of John le Clerk of Pudyngton, for 8 messuages, two and a half roods of land, two roods and a half of meadow, and an acre and a rood of pasture in Grendon, and Agnes had made default, and the tenements had been taken into the King's hand, and John claimed seisin of them by her default.

Agnes now appeared and pleaded that her default should not prejudice her, because in taking a pilgrimage towards Stafford—"peregrinando versus Stafford" on the Saturday after the Feast of St. Luke the Evangelist she had passed through a vill called Forton, in co. Stafford, in company with five pilgrims who were unknown to her, and that a quarrel having arisen between these men and certain men of that vill, one of the latter had been wounded, and he raised the hue and cry, in consequence of which, she, together with the five unknown men had been imprisoned and detained there from the said Saturday till the Feast of All Saints next ensuing, by reason of which she could not appear at a month from Michaelmas in this Court to defend her plea, and this she was prepared to prove. John pleaded that the said Agnes could not purge her default for the reason stated, and denied that she was in prison at a month from Michaelmas, and appealed to a jury which is to be summoned for the Octaves of St. John the Baptist. A postscript shews repeated adjournments through defect of a jury up to Michaelmas, 6 E. III. m. 223.

Staff. John de Brumpton sued the Prior of Ware for 35 acres of land in Eyton, and the Prior made default, and the Sheriff had taken the tenements into the King's hand, and John claimed seisin of them by the default of the defendant. The Prior now appeared in person and denied the summons, and offered to wage his law—he was therefore ordered to appear in propriâ personâ with his compurgators at the Octaves of St. John the Baptist. A postscript shows that the Prior waged his law at that date, and the suit was dismissed. (fn. 3) m. 274.

Staff. Joan, formerly wife of Thomas Botetourt appeared by attorney against Walter de Dunclent, Edmund de Penne, Clement Corbyn of Byrmyngham, Henry de Prestewode, of Roule, and five others for forcibly taking her goods and chattels at Swyneford to the value of 100s. None of the defendants appeared, and the Sheriff was ordered to distrain those who had found bail, and to arrest the others, and produce them at three weeks from Easter. m. 276.

Staff. The Dean and Chapter of St. Cedde, of Lychfeld, sued Robert de Tene, and Hugh de Peshale, for a debt of £80 6s. 8d., and they did not appear and the said Robert had been distrained, and the Sheriff returned 40d. as proceeds, and his manucaptors were James de Tene, William de Tene, Ralph Madyn and Thomas de Draycote, and the said Hugh had been distrained, and the Sheriff returned 40d. as proceeds, and his manucaptors were Richard Scol and three others named. They are therefore in misericordiâ. And the Sheriff was ordered to distrain again, and produce the defendants at the Quindene of Easter. m. 340.

Staff. Henry Silvestre sued John de Wollesleye, junior, and Margaret his wife, and Adam Wyghtlok, for forcibly taking his goods and chattels at Wyginton to the value of 100s. The defendants did not appear, and the Sheriff was ordered to distrain and produce them at three weeks from Easter. A postscript states that at that date, the Sheriff made no return, and he was ordered to produce them at the Quindene of Michaelmas. m. 321, dorso.

Staff. Thomas, son of Walter de Haytelegh sued Robert le Ridere of Duddelegh and Edith his wife for a messuage, and a fourth of a virgate of land in Luttelegh, which Margaret, formerly wife of Philip de Luttelegh had given to Alditha of Haytelegh and Walter her son, and the issue of Walter, and which after the death of the said Alditha and Walter should descend to him as son and heir of Walter. The defendants appeared by attorney, and denied that Margaret had given the tenements as stated by the plaintiff, and appealed to a jury which is to be summoned for the morrow of St. John the Baptist. A postscript shews repeated adjournments of the suit through defect of a jury, up to Easter, 6 E. III. m. 307, dorso.

Staff. Agnes, formerly wife of Thomas Wyther sued John de Ipstanes and Elizabeth his wife for the third of a messuage, a carucate and a half of land, and 50s. of rent in Draycote, Chekeleye, and Tene, which she claimed as dower. The defendants did not appear, and had previously made default, and the Sheriff had been ordered to take the dower claimed into the King's hand, and to summon them for the morrow of All Souls last past to hear judgment, on which day the Sheriff had done nothing and made no return to the writ, and he was ordered as before to summon the parties for the Quindene of Hillary—and the Sheriff made no return and he was ordered to summon them for three weeks from Easter. m. 289, dorso.

Staff. Hugh, son of Cicely, daughter of David de Newenham sued John de Chauldon and Benedicta his wife for a messuage and 50 acres of land and 18 acres of wood in Bokenhale, and the defendants did not appear, and they had previously made default and the tenements had been taken into the King's hand. Hugh therefore recovers seisin of them. m. 276, dorso.

Staff. John de Hothum, the Bishop of Ely, sued Hugh de Meynil, senior, in a plea that he should acquit him of the service which Henry, Earl of Lancaster, exacted from him for the freehold which he held of the said Hugh in Thorp Costantyn, in which the said Henry, sic., was medius between them and ought to acquit him. Hugh did not appear and the Sheriff was ordered to attach him for the Quindene of Trinity. m. 276, dorso.

Leye. Ralph Basset of Drayton was summoned by John de Boyville in a plea that he should acquit him of the service which Henry, Earl of Lancaster, exacted from him in Stokfastun and Cravenho, and of which the said Ralph was mesne tenant between them and ought to acquit him and he stated that he held of the said Ralph the manors of Stokfaston and Cravenho by homage, fealty and military service, viz., 16s. 10d. of scutage when the King's scutage of 40s. fell due, and the said Earl exacted from him, suit of court at the Earls court of the Honor of Leycester every three weeks, 10s. aid to make his eldest son a Knight, and 10s. to marry his eldest daughter, and 6s. annually to repair the stank of the Earl's watermill, and he had been distrained by the Earl through the default of the said Ralph in not acquitting him of the said service.

Ralph appeared by attorney and prayed it might be shewn why he should acquit the plaintiff of the above services, and John stated that the said Ralph was seised of his homage for the said tenements, and that he and all his ancestors and the feoffors of his ancestors, from time out of memory, had acquitted him and his ancestors tenants of the same tenements, of the above services, and he appealed to a jury which is to be summoned for the Quindene of Trinity. m. 264, dorso.

Staff. The Sheriff had been ordered to distrain all the suitors (sectatores) of the Court of Hugh le Blount of Penkerich and produce them in court this term to record the suit which was in the said court by the King's lesser writ of right, between Sibil, daughter of Thomas de Pykestok, plaintiff, and Nicholas Dorylot of Little Onne, and Robert, son of Simon of Little Onne, tenants of a messuage and two acres of land in Little Onne, and in which the said Nicholas complained that a false judgment had been delivered, and likewise to attach Henry, son of William de Wolaston, who now holds the tenements, to appear in Court to hear the record, and the Sheriff returned the writ reached him too late, and he was ordered as before to distrain the suitors, etc., and to produce them on the Octaves of St. John the Baptist. A postscript states that on that day, the Sheriff made no return, and he was ordered to produce them on the Quindene of Michaelmas. m. 220, dorso.

Staff. Edith, formerly wife of William son of William le Keu of Cavereswelle sued William Elot of Cavereswelle for a third part of 24 acres in Hulton (Hilton) as dower. William called to warranty Roger Selymon of Stafford, who is to be summoned for a month from Easter. m. 220, dorso.

Staff. William le Botiller, of Wemme, sued Richard de Burghton, and Alice his wife, John, son of John de Suggenhull, and Roger de Aston, Parson of the Church of Weston-upon-Trent in a plea, that they, together with Richard Prior of St. Thomas near Stafford had taken and abducted from Charnes, Christiana, Sibil, and Isabella, the daughters and heirs of William de Charnes, who were under age, and whose marriages belonged to him. None of the defendants appeared, and the Sheriff was ordered to distrain those who had found bail, and to apprehend the others and to produce them in Court on the morrow of St. John the Baptist. m. 154, dorso.

London. Robert, son of Peter Bodekyn, of Henle, John Rykeman, of Staunford, and four others were attached to answer the plea of William de Shareshull, that they together with William de Offinton and others, had beaten, wounded, and ill-treated him on Sunday after the Feast of St. John the Baptist, 3 E. III, at London in the Parish of St. Benedict near St. Paul's and had imprisoned him from the said date till Monday the following day and had taken his goods and chattels, viz., girdles, daggers, purses, and other jewels, for which he claimed £200,000 as damages. The defendants denied the robbery and trespass and appealed to a jury which is to be summoned for the morrow of St. John the Baptist, and the defendants were committed to the Flete prison, but were bailed by Walter Cavendish, Geoffrey le Cotiller, and 18 others named, who became security to produce them at the above date. A postscript states that none of the defendants appeared at the date named and the Sheriff was ordered to arrest and produce them at the Octaves of St. Martin, and to produce the manucaptors at the same date. m. 140. dorso.

Staff. The Sheriff had been ordered to return into Court, on the oath of a jury, the value of the Church of Chadleye (Cheadle) the presentation to which Alexander de Walsham had recovered against Isabella, formerly wife of Simon Basset, and he returned the writ reached him too late, and he was ordered to return it at three weeks from Easter. m. 108, dorso.

Staff. William, son of Robert de Colton not appearing to prosecute his plea against Anselm le Mareschal for one eighth part of the manor of Colton, excepting two messuages, a bovate of land, an acre of pasture, an acre of wood, and 3s. of rent in the same manor, the suit was dismissed, and he and his sureties, viz., John de Say and William Mody are in misericordiâ. m. 45, dorso.

De Banco. Easter, 5 E. III.

Staff. Thomas Gamel of Salop sued Richard de la Chaumbre, Parson of the Church of Legh and Cecilia, formerly wife of Richard de la Chaumbre, for a debt of £60. The defendants did not appear and the Sheriff returned that the said Richard was a Clerk and held a benefice in the See of Coventry and Lichfield; a mandate was therefore sent to the Bishop to produce him at the Quindene of Holy Trinity, and to summon Cecilia for the same date. m. 38.

Staff. Hugh de Engleton sued William de la Seche of Brewode, senior, for a messuage in Brewode. William 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. Michael. m. 38.

Wygorm. John, son of Roger de Mortimer, by his custos sued John Wybbe for a messuage and 26 acres of land, 8 acres of meadow, and 10s. of rent in Arleye of which Roger de Mortimer of Chirk his grandfather, whose heir he is, was seised as of fee when he died. John defended his right and denied that John was heir to the said Roger, because he was a bastard and therefore son of nobody, "nullius filius."

John stated he was legitimate, and a mandate was sent to the Bishop of London to enquire into the matter, which belonged to the ecclesiastical court, "quod ad forum spectat ecclesiasticum." m. 93.

Staff. Joan, formerly wife of Ralph de Cressewalle, sued William Pesshun for 6 acres of land and 2 acres of meadow in Draycote, and she sued William le Muleward for 4 acres of meadow in the same vill, which she claimed as her right and inheritance. The defendants did not appear, and the Sheriff was ordered to take the tenements into the King's hand, and to summon them for the Quindene of Michaelmas. m. 123.

Staff. The Abbot of Buldewas was summoned to answer the Abbot of St. Ebrulph in a plea that he should permit a reasonable division to be made between the land of the said Abbot of St. Ebrulph in Great Onne, and the land of the Abbot of Buldewas in Walton, and the Abbot of St. Ebrulph stated by his attorney that whereas at the time that there was a reasonable division between the said lands, it used to begin at a certain place called Brendebruche, and so descended towards the north to a place called Wythegynesyke on Onneheth, and so descended by the said division towards the north as far as a place called Holuwemere, and thence descending towards the north by a place called Gosemere, beyond which boundaries the Abbot of Buldewas ought to have nothing towards the east, the said Abbot of Buldewas unjustly drew to his fee at Walton beyond the said boundaries of the land of the Abbot of St. Ebrulph in Great Onne, 100 acres of pasture and 40 acres of heath, of which William, formerly Abbot of St. Ebrulph was seised as of the right of his church, temp. Henry III. The Abbot of Buldewas appeared by attorney and prayed a view, and the suit was adjourned to the Quindene of St. Michael. m. 152.

Staff. Constance, formerly wife of Roger de Pulesdone not appearing to prosecute her claim to a messuage and a bovate of land in Grendon against Joan l'Estraunge, the suit was dismissed. m. 176.

Staff. John de Barre and Geoffrey his son were summoned to answer Philip de Pyrie in a plea that they had unjustly taken on the Monday after the Feast of St. John ante Portam Latinam, 3 E. III., in the vill of Little Barre in a place called le Hem, a bull, and 13 oxen, and 18 calves, belonging to him, and for which he claimed £40 as damages.

The defendants appeared and admitted the taking of the cattle and stated one Adam de Hemme held of the said John half a virgate of land in Barre, by homage, fealty and 12d. for a scutage of 40s. when it fell due and by the service of 4s. annually, of which service the said John was seised, and the said Adam enfeoffed of the said land one Stephen, son of Adam, and Stephen had enfeoffed of the same land one Henry Burgyloun, and the said Henry had given the same land to the said Philip and his heirs, and Philip had done fealty to him for it, but as the homage of the said Philip was in arrear at the date of the taking of the cattle and likewise the rent of 4s. for four years, he had taken the said cattle as was lawful. Philip stated that John could not claim homage and the rent of 4s., because one William de Barre, the grandfather of John, and whose heir he is, by a deed which he produced in Court, had given the said half virgate of land to one Richard del Hemme, the ancestor of the said Adam del Hemme, and whose heir he is, to be held by the service of 4s. annually in lieu of all service, and that he held a third part of the said half virgate of land of the said John, and he had always up to this time been prepared to pay his portion of the said rent, and he offered the arrears of the rent for his portion. John stated that the said Philip held of him the whole of the half virgate of land, and appealed to a jury, which is to be summoned for the Quindene of St. Michael. m. 192, dorso.

Leyc. Alexander de Somerville sued John de Somerville for 4 messuages and 4 bovates of land in Barkeby and Hamelton, which Gerard de Hamelton had given to Roger de Somerville in frank marriage with Matilda his daughter, and which after the death of the said Roger and Matilda, and of Roger the son and heir of the said Roger and Matilda should descend by the form of gift to him as brother and heir of the said Roger son of Roger, and he stated that the said Roger and Matilda had been seised of the tenements as of fee. &c., temp. E. I. John denied that the said Gerard had given the tenements as stated by Alexander to the said Roger and Matilda, and appealed to a jury, which is to be summoned for three weeks from Michaelmas. m. 231.

Staff. Roger, the Bishop of Coventry and Lichfield, sued Lucy Peminon for a messuage in Eccleshale, and he sued Alice, daughter of Thomas le Bedel, for a toft in the same vill, and he sued John de Wethale for 14 acres in Pesshale, and Richard de Peshale Chivaler for 2½ acres in the same vill, and he sued Henry de Sugenhulle for 2 acres in Eccleshale as the right of his Church by writs of "quare cessavit per biennium." None of the defendants appeared and the Sheriff was ordered to take the tenements into the King's hand, and to summon them for a month from Easter. m. 231.

Berks. Isabella, formerly wife of Richard le Vernoun, recovers a third part of the manor of Basteldon as her dower, in a suit against John atte Crouche, Peter le Botiller, and others, by default of the defendants. m. 241.

Staff. Robert, the Abbot of Burton-upon-Trent, sued Hugh son of Walter Wyther of Ilum, and Elena his wife for 8 acres of wood and 60 acres of pasture in Ilum, as the right of his church, and in which the said Hugh and Elena had no entry except through Walter Wyther of Ilum and Joan his wife, who had unjustly disseised Thomas de Pakynton, formerly Abbot of Burton, his predecessor. Hugh and Elena prayed a view, and the suit was adjourned to a month from Michaelmas. m. 266.

Staff. Henry de Bisshebury appeared by attorney against John son of Robert de Cotene, William brother of John, John son of Geoffrey de Cotene, Clement son of Walter de Cotene, Richard de Toggeford, William de Fynchenfeld, Roger de Toggeford, Henry son of William de Perton, John Dobyn, and others, for entering by night his close at Overepenne, and burning his trees and taking goods and chattels to the value of £10. None of the defendants appeared, and the Sheriff was ordered to arrest the said Clement and to distrain the others, and produce them at the Octaves of Trinity. m. 287.

Staff. Margaret, formerly wife of Thomas Wylot of Fenton Culverd, sued Richard Germeyn of Fenton Culverd for a third of 30 acres of land in Fenton Culverd as her dower. Richard did not appear, and the Sheriff was ordered to take the dower claimed into the King's hand, and to summon him for the Quindene of Michaelmas. m. 300.

Charters and Protections, etc., enrolled.

Robert Mareschal, William Tromwyne, Dominus John Purcel, and Adam de la Penne, executors of the will of Roger Mareschal, Canon of the Cathedral Church of Lychfeld came into Court on the Thursday after the Quindene of Easter and prayed that the will which follows might be enrolled. Here follows the will of Roger dated 1317, by which he left his body to be buried before the altar of St. Nicholas in Lichfield Cathedral, and £100 for his funeral, to be expended as follows:—To the poor clerks saying thirty tritennalia of psalms before burial and after, £12 10s., viz., for each, 1d., and £50, viz., for 10,000 each, 1d. to be distributed to the poor on the day of his burial, and for the solace and repast of the choir, &c., £30, and £7 10s. for the purchase of wax, the sacristy of the church to have half of the wax, and the other half to be divided into four parts, one part to be distributed amongst the altars of the church of Lychfeld, another to be given to the Friar Minors of Lychfeld, the third part to the Hospital of St. John of Lychfeld, and the fourth to be given to the Sacristy of Stone, and none of it to be sold. £25 to celebrate 30 tritennalia of masses, to each priest, 2d. Also £90 to celebrate 30 annual masses, viz., for each chaplain, 60s., for the celebration of the masses. To the Prior of the Preachers and Convent of Newcastle, for one annual mass, 60s., and 10 tritennalia of masses de Nativitate, 40s. Also to the Prior and Convent of Trentham for one annual mass, 60s., and for 10 tritennalia of masses of the Circumcision, 40s. To the Prior and Convent of Stone for one annual mass, 60s. and for 10 tritennalia of masses of the Purification of the Blessed Mary, 50s. Also to the Prior and Convent of St. Thomas for an annual mass, 60s., and for ten tritennalia of masses of the Annunciation of the Blessed Virgin, 50s., &c. (here follows nine other legacies for masses for his soul to be celebrated at different places). Also £200 to marry, or to assist in marrying twenty girls amongst my nearest relations and amongst the poor, besides ten, elsewhere married, so that there may be thirty married by me; and to Alice my sister to marry her two daughters, £20, and a pix of silver (peciam argenti) and six silver spoons. And to Agnes my sister to marry her two daughters, £20, a pix of silver and 6 silver spoons. To Amice, my sister, a robe worth 30s., a bed worth 10s., and a pix of silver worth 20s. (to each of his sisters he also leaves 60s. to maintain a priest for a year for the good of his soul). And to Amice Hykelyn her daughter, to marry her daughter, £10, and a robe worth 20s. Also to William de Weston Harald for his daughter, £10, and 60s. for a priest celebrating an annual mass for his soul as above.

And to Robert my brother (fn. 4) 60s., for a priest as above, and to William Tromwyne for marrying his daughter £10, and 60s. for a priest as above, also to Roger, son of Magister Thomas de Pulesdon to marry his daughter £10, and 60s. for a priest as above. Also to Philip de Chetewynde to marry his daughter £10. Also to Robert my brother £10 for the marriage portion, "Maritagium" of Margaret fitz Herbert, and the other ten to be married with £100 not yet assigned, I commit to the fidelity and discretion of my executors as poor persons may appear to ask for it, and of the said £100 I leave £10 to Alice le Pledour for her marriage, and £10 to Johanette Coygne for her daughter, also to Matilda fitz Herbert for her daughter £10, and 60s. for an annual mass as above. Also to Agnes de Stoke called de Verdoun for marrying any of her daughters £10. Also to Alesia de Smethewyke for one of her daughters, £10. Also to Advene Tromwyne for one of her daughters £10, etc. (here follows other legacies of no interest). Also I leave to Nicholaa Mareschal in aid of her marriage £10, and all terms and farms of lands I hold at Tachele, etc. Also I leave to Henry de Pullesdon, Brother Robert de Fyndern, Brother Thomas de Venables my cousins, each of them 60s., for an annual mass (here follows several other bequests for annual masses). Also I leave to William de Heywode, my Vicar, my best vestment (habitum chorale), and a robe worth 30s. Also to William Kyng, Vicar, my second habitum chorale (here follows several other bequests for annual masses) and £50 to assist poor scholars at the University of Oxford to be expended according to the advice of Dominus Adam de Brome or of the scholars of the Hall of St. Mary and also bequests of vestments to various churches, and 100s. to repair the bridge of Walton, and 100s. to repair the bridge of Aston, and for the repair of the Chapel of St. Nicholas at Aston, £10 ; and if Robert Mareschal my brother undertakes the executorship I leave him all the lands I hold in fee, a silver cup and twelve silver spoons, a horn de Bubalo for drinking, one aketun, a good coat of mail (lorica) with a bacinet "umbrato et aventilato," a pair of plates with gloves of steel, and my best palfrey; and to William Trumwyne I leave my second best horse and an aketun, lorica, pair of plates, a bacinet aventilato, i.e., with "avantail," a pair of steel gloves, a cup of silver, a maser, and twelve silver spoons. Also to Adam de la Penne I leave my third best horse, with an aketun, lorica. bacinet, a pair of plates, a silver cup, twelve silver spoons, and a mazer; and to Dom. John Purysel, my fourth best horse, one good robe furred with four warnementis and [ ] for masses, etc. Also I leave for the repair of the fabric of the Chapel of the Blessed Virgin constructed by my venerable lord of good memory Walter de Langton of Lychfeld 1,000 marks to be raised from the Abbot and Convent of Teukesbury out of the annual rent which they owe me and to be expended as Magister Gilbert de Bruera may think fit, and I leave to Magister Gilbert my best gilt cup, and a water pot, and a salt cellar of silver, and two vinegars of silver.

This will was proved before us Gilbert de Bruera locum tenens of the Dean of Lichfield and the Chapter of the Church of Lychfeld, 13 April, 1328, and the administration of the goods granted to Robert le Mareschal, William Trumwyn, and Dom. John Pursel, the executors named, who swore, etc., power being retained to admit Adam de Penne, the other executor, should he appear, etc.

De Banco. Mich., 5 E. III.

Staff. William de Grendon sued William de Scoldeclogh and Agnes his wife, Geoffrey Kay, of Steneresdale and Matilda his wife, and Isolda, Sibilla and Elena, sisters of Matilda, in a plea that they should warrant to him a messuage and half a bovate of land in Werselowe, which he held of them, and for which he held the deed of Peter, son of Agnes de Longenore, the father of the said Agnes, Matilda, Isolda, Sabina (sic) and Elena, whose heirs they are. None of the defendants appeared, and the Sheriff was ordered to attach them for the Octaves of Hillary. m. 43.

Staff. Hugh de Engleton recovers a messuage in Brewode from William de la Seche owing to the latter making default. m. 43.

Staff. Hugh de Wrottesleye, by Henry de Lench (fn. 5) his custos, sued John de Tettebury and Joan his wife for causing waste and destruction in the lands, houses, woods, and gardens, which they held as dower of the said Joan, of the inheritance of the said Hugh in Wrottesleye. The defendants did not appear, and the Sheriff was ordered to attach them for the Quindene of Hillary. m. 54.

Staff. Joan, formerly wife of Ralph de Crassewalle, recovers six acres of land in Draycote from William Pesshun, and four acres in the same vill from William le Muleward, the defendants making default. m. 73.

Staff. Richard de Burghton and Alice his wife, John, son of John de Suggenhull, and Roger de Aston, Parson of the Church of Weston-upon-Trent were attached to answer William le Botiller of Wemme, in a plea that they together with the Prior of St. Thomas near Stafford, had abducted by force from Charnes in 1 E. III., Christiana, Sibill and Isabella, the daughters and heirs of William de Charnes, who were under age, and whose marriage belonged to him. Richard and the other defendants appeared and denied that they had inflicted any injury to the plaintiff and appealed to a jury, which is to be summoned for a month from Easter. m. 191, dorso.

Salop. Roger Trumwyne and Matilda his wife, sued Petronilla formerly wife of Thomas de Lee, for a third part of the manors of Staunton on Hyneheth, and Preston on le Were, which they claimed as the dower of Matilda of the dotation of John de Lee, formerly her husband. Petronilla denied the right of Matilda to dower because her husband John had never been in seisin of the said manors after his marriage to her, and appealed to a jury which is to be summoned for the Quindene of Hillary. m. 211.

Staff. William Huwel of Walsale appeared against Thomas de Norton, Thomas de Irton, Adam le Say, Thomas le Mareschal of Birmyngham, and others, for coming to Honesworth (Handsworth), on the Friday the Feast of St. Michael, 3 E. II., armed with swords and bows and arrows, and insulting, beating, and ill-treating him, and taking from him his goods, and chattels, viz., 100s. in money, and linen and woollen cloth to the value of £10, and for which he claimed £40 as damages. The defendants appeared by attorney and denied the injury and trespass, and appealed to a jury which is to be summoned for the Octaves of Hillary. A postscript further adjourns the suit to the Octaves of Trinity. m. 211.

Staff. John de Hothum, the Bishop of Ely, appeared by attorney against Hugh de Meynill, senior, in a plea that he should acquit him of the service which Henry, Earl of Lancaster exacted from him for the freehold he held of the said Hugh in Thorp Constantyn, and of which the said Hugh was mesne tenant between them. Hugh did not appear, and the Sheriff sent no writ, he was therefore commanded to attach him for the morrow of the Purification. A postscript states the Sheriff made no return at the latter date and the suit was again adjourned to the morrow of St. John the Baptist. m. 217.

Staff. Hugh de Wrottesleye appeared by attorney against John de Tettebury and Joan his wife, in a plea that they should render to him an account for the time they had held the custody of his lands and tenements in Wrottesleye, which was held in soccage, and the custody of which the said John and Joan held whilst the said Hugh was under age. The defendants did not appear, and the Sheriff was ordered to attach them for the Quindene of Hillary. m. 223.

Staff. Philip de Burghton sued Richard de Burghton and Alice his wife the executrix of the will of William de Charnes for a debt of 25 marks. The defendants did not appear and the Sheriff was ordered to distrain and produce them at the Quindene of Hillary. m. 253.

Linc. The Master of the Hospital of Burton St. Lazar recovers the advowson of the Church of Brassyngburgh in a suit against Thomas son of William de Wasteneys; a jury stating that Brother John Crispyn, formerly Master, had made the last presentation temp. E. I. The Master claimed to have held the presentation since the reign of Henry III. m. 322.

Midd. Henry de Kerswall of co. Stafford appeared in Court and complained, that whereas he had come into Court to execute a certain fine, one Ralph de Stafford Chivaler, Humfrey Hastang, William de Burton, Simon le Budel of Maydenele and Adam de Whylok, with malice aforethought, had insulted, beaten and ill-treated him in the Court in the presence of the Justices, and the Criers of the Court were immediately ordered to attach them, and the said Simon was taken by the criers and apprentices of the Court, (per proclamatores et apprenticios de Curiâ), when attempting to escape, and was brought to the bar of the Court armed with an aketun and a sword in a scabbard and a buckler. And the said Henry stated that when he had come to the Court to execute a certain fine, the said Simon, with others, on this instant, viz., on the Monday the Feast of St. Martin in the Great Hall of Westminster in the presence of the Justices sitting there, vi et armis, viz., with swords and daggers drawn, and with bucklers taken up and extended (et cum boclariis arreptis et extentis) had beaten, wounded and maltreated him, in manifest contempt of the King and his Court, and to the damage to the said Henry of £2,000. Simon denied the trespass and injury and appealed to a jury, and a jury elected by consent of the parties stated on oath that the said Simon was guilty and assessed the damages of Henry at £100. The said Simon was therefore committed to gaol and was delivered to Richard de Kenbrok, the locum tenens of the Constable of the Tower of London to be detained there in irons, at the will of the King, and his aketun, sword and buckler were forfeited to the King and were appraised at 3s. 4d. And upon this Luke de Burgh, the King's attorney, stated that certain other malefactors had committed the same transgression and he stated that one Hugh de Whitchurch of co. Salop, deputed by Edmund the custos of this Palace and others unknown, knowing that the said Simon and others had committed the above transgression, and with the intent to help the said Ralph and the others so that they might escape, had opened with their keys the doors of the Palace and had admitted them into chambers from which they had subsequently escaped, and he prayed that the matter might be enquired into by a jury, and a jury being sworn presented that the said Ralph Humfrey, William de Burton and Adam had committed the above transgression together with the said Simon, and that the said Hugh de Whitchurch, the deputy of the custos of the Palace, had knowingly opened the doors of a chamber in the Palace and shut them up in it, so that they might escape and the said Hugh being present in Court and questioned, etc., stated he was not guilty and appealed to a jury, and a jury elected by consent of both parties, stated on their oath that the sald Hugh was not guilty. He was therefore acquitted and the Sheriff of co. Stafford was commanded to attach the said Ralph, Humfrey, William, and Adam, and produce them at the Octaves of Hillary to answer to the King for the said contempt. m. 348.

Staff. The Sheriff had been commanded to take with him four discreet and legal Knights of his county and in propriâ personâ to proceed to the Court of Hugh le Blound at Pencrich and in full court there cause to be recorded the suit which was before the Court by the King's writ of right, between John le Bakestere of Eyton, plaintiff, and William Walters of Pylatenhale, and John de Gaueleye, tenants, of 16 acres of land and three acres of meadow in Pencrich, and to return the record into this Court at the Quindene of Trinity and to produce the parties at the same time, the said William and John de Gaueley pleading in the said Court that they held the tenements at common law by the feoffment of Magister John de Pilatenhale, who held them at common law by the deed of Hugh le Blound, senior, formerly Lord of the said manor, on account of which the said suit should not be tried in the said Court, and the Sheriff had returned the record at the above term but the parties had essoigned themselves and a day had been given to them at this term, viz., on the morrow of St. Martin, and the parties now appeared, and the said William and John produced a deed of Hugh le Blound formerly Lord of the Manor by which the said Hugh had granted to one Walter de Elmedon all the land and meadow which Thomas, son of Adam, held of him in Pencrich, which land and meadow was his eschaet by reason of a felony committed by the said Thomas, and they stated that the said tenements are the same as those now in question, and they pleaded that they held them at common law by virtue of the said deed, and that this suit could not be tried in the aforesaid court. And John le Bakestere did not deny that the said Hugh was formerly lord of the manor, or that the tenements were in the seisin of the said Hugh, and had been granted, as stated, by the said deed, but he said that the said Thomas was his grandfather and died seised of the tenements and that the said Hugh had intruded himself into them after his death and that he was the heir of Thomas and that the tenancy could not be transmuted into a free fee, and he prayed that the suit should be remitted to be tried in the Lords Court according to the custom of the manor. A day was given to the parties at three weeks from Easter. A postscript shows adjournments up to Hillary term, 6 and 7 E. III. m. 502.

Staff. William de Grey, Richard de Harecourt, Simon de Boseworth, and Richard de Dadeslee, the executors of the will of John de Harecourt sued John Alot in a plea that he should render a reasonable account for the time he was receiver of the monies of the said John de Harecourt. The defendant did not appear and the Sheriff was ordered to attach him for five weeks from Easter. m. 509.

Staff. John Giffard of Chylynton sued John de la Novere of Chylynton, John son of Geoffrey, and John de Penynton in a plea that they should carry out a covenant made between him and them respecting ten pigs of the said John de la Novere, which the said John Giffard had taken in his wood at Chylynton and had impounded. The defendants did not appear and the Sheriff was ordered to attach them for the Quindene of Hillary. m. 509, dorso.

Staff. The King sent a writ to the Justices de Banco forwarding, on the complaint of John, son of Vivian de Staundon, a copy of a fine levied in 13 E. II, between Vivian son of Robert de Staundon, and Roger, Parson of the Church of Blumenhull, respecting four messuages and one hundred acres of land in Mere near Staundon and the third part of the manor of Cherleton near Staundon, which for certain causes had been returned into his chancery, and commanding them to act according to law and the custom of the Kingdom. Here follows the fine dated 13 E. II, by which Vivian son of Robert de Staundon acknowledged the above tenements to belong to the said Roger for which the said Roger granted them to the said Vivian, son of Robert for his life, with remainder to John son of the said Vivian and his issue, and failing such, to Henry de Kerswalle and Amice his wife and their male issue, and failing such, to John Godart and Katherine his wife, and their male issue, and failing such, to William de Stuyche and Roes his wife and their male issue, and failing such, to the said Roger and his heirs, and at the date the fine was levied, Vivian son of Vivian son of Vivian de Staundon and Alice formerly wife of Vivian, son of Vivian had put in their claim. Roger de Blakeston now appeared ex parte the said John son of Vivian de Staundon and stated that the said Vivian was now dead, and that Thomas de Halghton, Kt., and Vivian son of Vivian son of Vivian de Staundon now held the four messuages and one hundred acres of land in Mere against the tenor of the said fine, and he prayed for a writ calling on the said Thomas, and Vivian son of Vivian to shew cause why the said tenements should not remain to the said John son of Vivian after the death of the said Vivian, son of Robert de Staundon. The Sheriff was therefore ordered to summon the said Thomas and Vivian son of Vivian for the morrow of the Purification. m. 533.

At the back of the same membrane is a similar writ forwarding a transscript of a fine levied at the same date between the same parties and to the same tenor respecting the manor of Staundon and advowson of the church of the said manor. The same process was repeated as in the last suit. m. 533, dorso.

Footnotes

1 Sic in orig. I presume this John is John de Cherleton.
2 A writ of "elegit" grants to the successful suitor all the goods and chattels of the unsuccessful party, excepting oxen and horses used for ploughing, and half of his lands and tenements, to be held until the damages had been levied from them
3 The Prior of Ware was General Proctor in England for the monks of St. Ebrulph, who held land in Church Eaton
4 Probably Robert le Mareschal of Aston and Walton. See the bequests for the repair of the bridges of Walton and Aston further on.
5 Henry de Lench was one of the attorneys regularly practising in the Court. Hugh de Wrottesley's custos was really Sir John de Hampton, of Oldstoke, co. Southampton. (Deeds at Wrottesley.)