Assize Roll 1341. Divers Counties.
1 Edward I.
This Roll, though placed among the Assize Rolls, would appear not
to belong to that series of records, but to the De Banco Rolls: it is a
duplicate of De Banco Roll No. 2, for Easter 1 Edward I., and contains
a few Lancashire entries here abstracted.
Although there was no regular Eyre this year in Lancashire, it is
evident that John de Oketon and Elias de Bekingham were busy taking
Assizes in the northern counties during this and the early part of the
following year. In the Patent Roll, 1 Edward I., these Justices are
appointed to take 24 Lancashire Assizes of Novel disseisin, Mort d'Ancestor
and Darein Presentment; and in the first months of the next regnal
year an even greater number of cases were specially assigned to them.
Apart from these, we find them sent practically on circuit in Lancashire
and neighbouring counties by the following order:—
1272, July 10. Westminster. Mandate to John de Oketon and Elias
de Bekingham in pursuance of their appointment by Patent as Justices
to take Assizes Juries and Recognitions arraigned before them in the
Counties of Nottingham, Derby, Lancaster, etc. Patent Poll, 1 Edward I.,
m. 10 dorso.
m. 5.; Lancastre.
Writ of Right—Thomas son of Elias Patter v. Ralph
de Mitton re a messuage and 8 acres of land in Aghton.
Defendant comes not on the fourth day: the tenement seized into
the King's hand. Case adjourned to the Octave of S. John Baptist
[1 July 1273].
m. 6, dorso.; Lancastre.
Dower—Matilda who was wife of Elias de Aghton v.
Ralph de Mitton re a third part of a messuage and 8
acres of land in Aghton, as dower.
Defendant comes not. Adjourned to the Octave of S. John Baptist
[1 July].
m. 9, dorso.; Lancastre.
Rape and Breach of Peace—Ameria daughter of John
de Bradel v. Walter de Bylington and Roger son of
Geoffrey de Bylington.
Defendants come not. The Sheriff was ordered to make them appear
but did nothing except take sureties, Humfrey de Bylyngton and Gilbert
Sutor of Bylyngton; so they are fined. The Sheriff to distrain and
have them here on the Octave of S. Michael [6 October]. The Sheriff
says that Roger is not found in his bailiwick. Writ of exigent, and to
be outlawed if he comes not; and if he comes, then the Sheriff to have
him here on the Octave of S. Michael.
Of the Quinzaine of Easter [23 April 1273] continued.
m. 14, dorso.; Lancastre.
Covenant—Thomas son of Alexander le Spicer v. Peter
son of Adam de Hulme re covenant made between Peter
and Alexander father of Thomas, his heir, as to 2 oxgangs
in Burton.
Defendant comes not. Adjourned to the Octave of S. Michael
[6 October].
Lancastre.
Novel disseisin—The Prior of the Hospital of S. John
of Jerusalem in England v. John son of John de Gilberddesholm re a messuage and 9 acres of land in Catton.
Defendant comes not; the tenement seized into the King's hand.
Adjourned to the Quinzaine of S. John Baptist [8 July].
m. 18, dorso. Lancastre.
Detention of Chattels—Alice daughter of Adam son of
Roger la Persone of Blakeburne v. Richard son of Robert
son of Gerard de Clayton, Adam de Parys, Robert de
Plesyngton, Michael le Serjaunt, Peter de Sandon and
John le Bedel re chattels to value of 12 marks wrongly
detained.
Detention of Chattels and Assault—Same v. Adam de
Parys, Robert de Plesyngton and Michael le Serjaunt re
chattels to value of 100s., and that when the King (father
of the now King) took her and her men, land, things,
rents and all her belongings, into his defence and protection, the said Peter and John assaulted her at Salebyri,
beat, wounded and maltreated her and committed other
enormities, doing damage to the extent of 20 marks, in
open contempt of the said King.
Defendants come not, and their sureties are in default. Writ of Capias;
adjourned to the Octave of S. John Baptist [1 July].
m. 21, dorso.; Lancastre.
Customs and Services—Robert de Vilers v. Alice wife
of Peter de Burghhill re services due from Alice and Peter
for freehold held of plaintiff in Wyndhill, as in arrears of
rent, reliefs, &c.
Defendant comes not. Her sureties, Roger de Leye of Wyndhill,
Thomas son of Nesta de Wyndhill, Richard son of Perot de Cleremerdall and
Adam de Celario of Cleremerdall, fined. Defendant to be here in three
weeks from Easter [30 April].
m. 23.; Lancastre.
Receipt of Homage—Laurence son of Richard v. William
de Lyndeseye re homage and relief for tenement held of
defendant in Ulveston.
Defendant comes not; attached to be here on the Quinzaine of Holy
Trinity [4 June 1273].
Boundaries—John son of William, essoin of Alice
daughter of Ranulph de Salebyry, and Thomas Fin, essoin
of Agnes her sister v. Adam de Wypsire, Beatrix his wife,
Adam son of Henry, Gilbert de Wypsire and Walter de
Bradel re making reasonable bounds between the lands
of Alice and Agnes, Adam son of Gilbert, William son of
Syward, Thomas le Someter and Diana his wife in Salebiry
and the land of the said Adam, Beatrix and others.
Defendants come not. The Sheriff was told to make them come on
this day; and he ordered that John son of Gilbert Miller and Dobbe son
of Adam be sureties for Adam; William de Wodestall and Dobbe de Horton,
for Adam son of Henry; Michael his son and Richard son of Alexander,
for Gilbert; Humfrey de Billington and Gilbert Sutor of Billington, for
Gilbert [sic]. The Sheriff to distrain, and have them here on the Quinzaine
of S. Michael [13 October].
m. 26, dorso.; Lancastre.
Darrein Presentment—Nicholas de la Hose v. the Abbot
of Shrewsbury re presentation of a fit parson to the
church of Waleton, which is vacant and in plaintiff's
special gift.
The Abbot comes and Nicholas grants to him for this turn his right
of presentation to the said church, saving to himself his rights if he
wish to plead thereon elsewhere. So the Abbot has a writ to the
Bishop of Coventry and Lichefield, that, notwithstanding the claim of the
said Nicholas to the said presentation, the Abbot may this turn admit a
fit parson to the said church.