De Banco. Hillary, 5–6 E. III.

Staff. Richard, Abbot of Crokesdene, sued Henry de Erdyngton of Wolvernehampton, Chaplain, for 15 acres of heath in Oke (Oaken) as the right of his Church of St. Mary, and in which Henry had no entry except by a disseisin which Giles de Erdyngton had unjustly made of Walter, formerly Abbot of Crokesdene, temp. Hen. III.

Henry appeared by attorney and defended his right and denied the alledged disseisin and appealed to a jury which is to be summoned for the Quindene of Trinity. m. 55.

Staff. John de Shepeye and Agnes his wife recover one-third of three acres of meadow in Fowall, as dower of Agnes, of the dotation of Thomas Byker her former husband, against Andrew de Fowall, Chaplain, the defendant making default. m. 71.

Salop. Constance, formerly wife of Roger son of Jordan de Pwelesdon, sued Henry de Tunstall of Sambrok for one third of a messuage and of a virgate of land and 2 acres of meadow in Sambrok as her dower. Henry called to warranty William de Chetewynde who appeared by attorney and stated that she had no claim to dower in the tenements because her husband had never been seised of them after he married her. Constance appealed to a jury, which is to be summoned for the Quindene of Easter. m. 90.

Staff. In the suit between the Abbots of Buldewas and St. Ebrulph respecting the boundaries of Great Onne and Walton; the Abbot of St. Ebrulph appealed to a great assize and prayed recognition to be made whether he had not the greater right to the 100 acres of pasture and 40 acres of heath which were in dispute, and he stated the boundary between the two vills commenced at a place called Brendebruch, ascending towards the east as far as Smalethornenweye and so ascending by le Smalethornenweye, to the east as far as Bruggeweye, and descending by Bruggeweye towards the north as far as the road leading from Beffecote to Great Onne, and so across the road descending towards the north as far as a place called Gosemere. A day was given to the parties at the Quindene of Trinity. A postscript shows the process was continued until Trinity term, 8 E. III, when one Richard de Lutterworth appeared as attorney for the Abbot of St. Ebrulph, and the Abbot of Build was objected that the said Richard held no warrant as attorney for the Abbot, and a scrutiny of the previous Rolls being made the said Richard could show no warrant, and the Abbot of Build was prayed for judgment in his favour, which was granted, and the said Richard was committed to the Fleet prison on account of the deception he had practised on the Court. A further postscript on the back of the membrane shows that the King pardoned the said Richard by Close Writ dated from Nottingham, 16th July, 8 E. III, and sent a writ to the justices dated from Durham, 20th June, 9 E. III, by which permission was given to the said Richard to exercise his office of attorney as before. A later writ dated 16th March, 10 E. III, commands the justices not to refuse the Abbot of St. Ebrulph his remedy, on account of the deception practised on the Court, and a writ was issued to re-open the proceedings in Trinity term, 10 E. III. m. 121.

Staff. Alexander de Walsham was summoned to carry out his covenant with the Master and Scholars of the house of St. Michael of Cambridge respecting an acre of land in Chedle, and the advowson of the Church, and the parties appeared, and a concord was made and the said Master produced the King's Letters Patent which stated that the King had granted permission to Hervey de Staunton, Clerk, to give and assign the said land and advowson to the said Master and Scholars and their successors in perpetuity and the said Hervey had died before the gift had been made, and as Alexander de Walsham the kinsman and heir of the said Hervey wished to carry out the will of the defunct, the King had given him permission to grant the said land and advowson, as aforesaid, and he also gave licence to the Master and Scholars to accept the gift notwithstanding the statutes of mortmain. And he produced a close writ to the justices to the same effect. A fine was therefore levied between the parties. m. 144.

Staff. Henry, son of William Bagot of Weston, appeared by his essoign against William Neuman and Alice his wife, and John, son of William Neuman of Wolvernehampton, for wounding, beating, and ill-treating him at Wolvernehampton, so that his life was despaired of, and taking his goods and chattels to the value of 100 marks. The defendants did not appear and the Sheriff was ordered to attach them for the Quindene of Trinity. m. 170, dorso.

Staff. John de Shepeye and Agnes his wife sued William de Shareshull for a third of the manor of Blithewode and of 24s. rent in Tene, as dower of Agnes, of the dotation of Thomas Wyther, formerly her husband; William called to warranty John de Ippestanes Chivaler, and the suit was adjourned to Easter term. A postscript shows further adjournments up to the Quindene of Michaelmas. m. 184.

Staff. Thomas de Furnivalle of Alveton was sued by William, son of William de Stafford, junior (juniori) and Isabella his wife for a debt of 200 marks which he unjustly detained, and they stated that on the Monday after St. Lucy, 13 E. II, at Worksop, the said Thomas had bound himself by his deed to the said Isabella to pay her the said 200 marks by instalments, and they produced the deed of the said Thomas to that effect. Thomas appeared by attorney, and denied that the deed was his act, and appealed to a jury. The Sheriff of Notts was therefore commanded to summon a jury from that County at three weeks from Easter, and the deed was in the meantime to remain in the custody of Peter de Lodington the King's Clerk. m. 205.

Staff. In the suit of Robert, son of Vivian de Staundon and Margaret his wife, against Ralph de Stafford, Kt., and Vivian, son of Vivian de Staundon, calling upon them to show cause why the fine of 13 E. II respecting the manor of Staundon and the advowson of the Church of the manor should not be carried out. John, son of Vivian and Margaret appeared by attorney and the said Ralph, and Vivian son of Vivian, appeared by John de Say, the attorney of Ralph and the custos of Vivian, son of Vivian. John, son of Vivian, prayed that the suit might be prorogued to three weeks from Easter, in the state it now was in "in eodem statu quo nunc," on which day the parties appeared, and a day was given to them at the Octaves of St. John the Baptist at the prayer of the plaintiffs, on which day a day was given to them at three weeks from Michaelmas, at the prayer of the plaintiffs, on which day the said Ralph and Vivian appeared and the said John and Margaret did not appear, and the suit was dismissed (fn. 1) . m. 312.

An entry on the back of the same membrane repeats the same process in the suit between the same plaintiffs and Thomas de Halghton and Vivian, son of Vivian respecting 100 acres of land in Mere near Staundon, and the third part of the manor of Cherleton, near Staundon. m. 312, dorso.

Staff. The suit of the King's attorney and Henry de Kerswall against Ralph de Stafford Chivaler, Humphrey Hastang, and others for assaulting the said Henry in the presence of the Justices in the Great Hall of Westminster was adjourned to three weeks from Easter, the Sheriff having returned they could not be found. A postscript states that on that day the Sheriff made no return, and he was ordered to arrest and produce them at the Quindene of Michaelmas. (fn. 2) m. 313, dorso.

Staff. Robert the Abbot of Burton-on-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. Hugh called to warranty Walter Wyther and Joan his wife, who are to be summoned for the Octaves of St. John the Baptist. m. 346.

Staff. Joan, formerly wife of John le Estraunge was sued by Constance formerly wife of Roger de Peulesdon for a messuage and a bovate of land in Grendon which the said Constance claimed to hold in dower of the gift of William de Audeleye formerly her husband, and Constance did not appear and was plaintiff; the suit was therefore dismissed and her sureties John de Blore and William de Blore are in misericordiâ. m. 378.

De Banco Roll. Trinity, 6 E. III.

Staff. John de Shepey and Agnes his wife recover the dower claimed by Agnes in Fowall, through default of the defendant. m. 7.

Staff. William son of Robert de Colton sued Anselm le Mareschal for the 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, which Richard le Puys of Ruggeleye had given to Robert son of Henry de Colton and Sibell his wife and heirs of their bodies, and which after the deaths of the said Robert and Sibell should descend to him as to their son and heir. Anselm appeared by attorney and called to warranty William son of Robert de Morleye, cousin and heir of William le Marchal who was to be summoned in cos. Norfolk, Suffolk, Essex, Ebor, and Lincoln, but which William is under age, and he prayed the suit might remain over till the full age of the said William. As William did not deny that the said William, son of Robert, was under age, the suit was adjourned sine die. m. 88.

Staff. A precept had been sent to the Sheriff, that whereas the Abbess of Polesworth had recovered in 14 E. II, against William de Ippestones at that time Parson of the Church of Eyton, an annual rent of 20 marks to be paid in perpetuity by the Parsons of that church, and the said William was now dead and one Thomas de Bruynton was now Parson of the said Church and 170 marks of the said rent was in arrear, he was to summon the said Thomas to show cause wherefore 170 marks should not be levied from the lands and chattels of the said Thomas, and the parties now appeared, and the Abbess prayed for execution of the judgement, and the said Thomas pleaded that at the time of the judgement, he himself was Parson of the Church on the presentation of the true patron, and the said William at that time was not therefore Parson of the Church, and this he was prepared to prove.

And the Abbess stated that at the date of the judgement, viz., at the Octaves of the Purification, 14 E. II, the said William was the acknowledged Parson of the Church and appealed to a jury, which was to be summoned for the Quindene of Michaelmas. A postscript states that the suit was transferred at Hillary term, 7 E. III, to be heard at Tamworth by writ of nisi prius, before William de Herle, and the said William de Herle before whom the case had been heard associated with Ralph Basset, Knight, returned the verdict of a jury which stated the said William de Ippestanes at the Octaves of the Purification, 14 Ed. II, was the acknowledged Parson of the Church of Eyton. The judgment of the Court is therefore to be executed. A further postscript states that at three weeks from Michaelmas 7 Ed. III, the King sent a writ to William de Herle to stop the proceedings taken before him and to send the case coram Rege. m. 113.

Staff. William, son of Adam le Fishere, of Wolseye, sued Henry, son of Richard de Blithefeld, for a sixth part of the Manor of Wolseye, excepting a messuage, six acres of land, and three acres of meadow in the said sixth part, which he claimed as his right against him and the said Richard. Henry did not appear, and the Sheriff was ordered to take half of the said sixth part of the Manor into the King's hand, and to summon him for the Quindene of St. Martin, and the same day was given to Richard by his essoign. m. 130.

Staff. Joan, formerly wife of Henry de Morf, recovers a third of two messuages, two mills, three carucates of land, six acres of meadow, twenty acres of wood, one hundred acres of pasture, and eight marks of rent in Morf as her dower, in a suit against Philip de Lutteleye, the said Philip making default. m. 149.

Staff. Henry, son of Henry, son of Walter de Tounstall, William son of Thomas de Setford, Henry son of Hugh, William de Pykestok, Thomas Pyngell, Richard le Hunte, of High Offele, and ten others named, were attached to answer the plea of Roger, Bishop of Coventry and Lichfield, that they had destroyed his growing crops at Eccleshall to the value of £40 by depasturing their cattle on them on the Tuesday in the week of Pentecost, 4 Ed. III. The defendants appeared by attorney and stated that they were free holders in the vill of Tounstall, and each of them held a freehold in that vill to which common of pasture in Eccleshall was appurtenant, and that in the place where the Bishop complained of the trespass, they had a right of common after the corn was reaped and carried, and until it was resown, and every third year for the whole year. The Bishop denied the right of common, and appealed to a jury, which is to be summoned for the morrow of St. Martin. m. 226.

De Banco. Mich., 6 E. III.

Staff. Joan de Greseleye by her attorney Nicholas de Greseleye, sued John de Swynnerton, Chivaler, William son and heir of Robert le Champion, Robert le Mareschal, and Roger de Tydnesore for a debt of £200. None of the defendants appeared, and the Sheriff was ordered to distrain and produce them at the Octaves of Hillary. m. 93.

Staff. Richard de la Chaumbre, Parson of the Church of Legh, sued John de Ipstanes, senior, for a debt of 60s., and he sued John de Hynkeleye for a debt of £21. Neither of the defendants appeared, and the Sheriff was ordered to distrain and produce them at the Quindene of Hillary. m. 202.

Staff. Roger de Caverswalle, of Levedale, sued Margaret, formerly wife of Henry de Cavereswalle, of Levedale, for causing waste and destruction in the houses and gardens which she held as dower of his inheritance in Levedale. Margaret did not appear, and the Sheriff was ordered to attach her for the Octaves of St. Hillary. m. 202, dorso.

Staff. Roger de Cavereswalle sued William de Wolseleye in a plea that he should give up to him the custody of the land and heir of William de Longrugge which belonged to him inasmuch as the said William de Longrugge held his lands of him by military service. William did not appear and the Sheriff was ordered to attach him for the Octaves of Hillary. m. 202 dorso.

Staff. Roger, the Bishop of Coventry and Lichefeld, sued John Giffard, of Chilynton, Chivaler, for a debt of 20 marks. John did not appear, and the Sheriff was ordered to attach him for the Quindene of Hillary. m. 202, dorso.

Staff. William de Snede sued John de la Molehalle, of Newcastle-underLyme, to render to him a reasonable account for the time he was his receiver. John did not appear, and the Sheriff was ordered to arrest and produce him on the morrow of the Purification. m. 223, dorso.

Staff. William, son of Richard de Pyrye, had sued John, son of Robert de Wyrleye, and Robert, son of the said John, for twenty-one acres of land and four acres of moor in Pyrye, and the defendants had made default, and the tenements having been taken into the King's hand, the said William now appeared and claimed seisin of them. And John and Robert appeared and denied the original summons, and offered to wage their law. They are therefore to appear with their compurgators at the Octaves of the Purification. A postscript states that the defendants made default at that term, and the said William was therefore to recover seisin of the tenements. m. 262.

Staff. Alianora, daughter of Roger de Cavereswalle, sued Agatha le Cokes, of Engelton, for coming with William, son of Adam de la Hethe, and mowing her meadow at Engelton, and taking away hay to the value of 40s. Agatha did not appear, and the Sheriff was ordered to arrest and produce her at the Quindene of Hillary. m. 319, dorso.

Staff. Joan de la Pole sued Richard, son of Robert de Mulewych, in a plea that he should render to her a reasonable account for the time he was the receiver of her moneys. Richard did not appear, and the Sheriff was ordered to distrain and produce him at three weeks from Easter. m. 327.

Staff. Felice, formerly wife of Robert Tochet, of Salt, sued Robert Bythewater, of Salt, for a third of two messuages, a virgate of land, and two acres of meadow in Salt, and she sued John Tochet, of Salt, for a third of two messuages and a virgate of land and two acres of meadow in the same vill, which she claimed as dower. Neither of the defendants appeared, and the Sheriff returned the writs reached him too late. He was therefore ordered to summon them for the Quindene of Hillary. m. 411, dorso.

Staff. Hugh, son of Matthew de Conegreve, sued Simon de Dumbelton, Clerk, for £15, the arrears of an annual rent of 20s. owing to him. Simon did not appear, and the Sheriff was ordered to distrain and produce him at the Quindene of Hillary. m. 486.

Staff. Thomas, son of Ralph de Rolleston, and Reina his wife, sued John, son of John le Parkere, of Rolleston, for a messuage in Rolleston by writ of "quare cessavit per biennium." John prayed a view, and the suit was adjourned to five weeks from Easter. m. 520.

Staff. Thomas, son of Ralph de Rolleston, and Reina his wife, sued Matilda, daughter of John Broun, and Alice, sister of the said Matilda, for a messuage and twenty acres of land in Thornhull, and they sued Wereburga, daughter of Adam Coyne, and Robert, brother of the said Wereburga, for a messuage and twenty acres of land in the same vill, by writ of "quare cessavit per biennium." The defendants did not appear, and had previously made default, and the tenements had been taken into the King's hand. The plaintiffs therefore recover seisin of them. m. 534.

Staff. The Abbot of Burton-upon-Trent was summoned to answer the plea of John de Aslakeby, Clerk, that he should render to him thirty-five marks, the arrears of an annual rent of 5 marks owing to him; and the said John stated that William, formerly Abbot of Burton and the Convent, on the Friday after the Translation of St. Thomas, 1323, viz., in 17 Ed. II., had granted to him by deed for his advice, help, and labour in their affairs an annual rent of 5 marks until he was provided by them with a competent ecclesiastical benefice.

The Abbot appeared by attorney and stated that the said John had no right to the arrears because when his predecessor William had required him to attend him in 18 E. II, at Repyndon, in co. Derby, on matters connected with the claim made by Roger, Bishop of Coventry and Lichfield to visit the monastery, he had refused to do so in the presence of John, the Bailiff of Wyneshull, and Richard de Stretton. John denied that the Abbot William had made any requisition upon him at that time, and appealed to a jury, which is to be summoned for three weeks from Easter.

Staff. A deed enrolled by which William de Shareshull granted to Philip de Draycote an annual rent of 6 marks from his Manor of Blithewode. Dated 6 Ed. III.

Footnotes