Nov. 1.
Westminster. |
To the justices appointed to hold pleas before the king. Order,
upon petition of John de Knyghtley, to proceed in the cause
hereinafter mentioned, the allegation of Robert Fraunceys notwithstanding, so that they proceed not to rendering of judgment
without advising the king; as the said John has shewed the
king that on 22 June 12 Richard II by a mainprise the late king
committed to John de Harleston, Thomas Overton clerks and
John Bouet the ward of all lands of Thomas de Cherlton deceased,
then in that king's hand by his death and by reason of the nonage
of his heir, until the lawful age of the heir, and the marriage of the
heir, covenanting that, if that heir should die before coming of
age and by them unmarried, they should have the wardship until
the lawful age of his heir with the marriage of such heir, and so
from heir to heir until one should come of age and they should
marry one, paying to that king 50l. only at Michaelmas then next,
and finding the heir his maintenance, and shewed that by inquisition taken before William Huggeforde then escheator in Salop it
was after found that Thomas de Cherlton of Appeley at his death
held the manors of Hagurcote, Aston Eir and Wychiforde and a
messuage and one virgate of land in Aldenham co. Salop, that the
manor of Hagurcote was held in chief by knight service, the
residue of other lords, that he died 6 October 11 Richard II,
that Thomas his son, then aged twelve years and more, was his
next heir, that the said John, Thomas Overton and John occupied
those lands from his death, taking the issues and profits, until
15th February 12 Richard II when they sold the wardship and
marriage to John de Knyghtleye, that long before his death
Thomas de Cherlton by writing indented granted the manor of
Appeley, a fourth part of the manor of Preston upon Wildemore,
four messuages, one toft, 60 acres of land and 10 acres of meadow
in Welynton, a messuage and one virgate of land in Whapeneshale,
a messuage and one carucate of land in Kynle and a messuage and
one carucate of land in Haloghton and Trilwardyn to John atte
Wode knight for life, and to his executors for one year after,
with reversion to the grantor and his heirs, that John atte Wode
died 20 November 15 Richard II, that on 8 February 15 Richard
II by a mainprise the late king committed to John Knyghtleye
the younger for a sum to him payable the ward of all those lands
in Appeley, Preston, Welynton, Whapeneshale, Kynle, Haloghton
and Trilwardyn, by name of all lands there of the heritage of
Thomas de Cherlton, son and heir of Thomas de Cherlton of
Appeley deceased, then in the tenure of the executors of John atte
Wode for one year after his death, until the lawful age etc. (as
before), that it is after found by another inquisition, taken before
William Banastour the king's escheator, that the manors of
Hagurcote, Aston Eir and Wychiforde, a messuage and one
virgate of land in Aldenham, the manor of Appeley and all the
said lands in Preston, Welynton, Whapeneshale, Kynle, Haloghton
and Trilwardyn came to the late king's hands by death of Thomas
de Cherlton and by reason of the nonage of Thomas his son and
heir, and were yet in the king's hands in ward of John Knyghtley,
that Thomas the son died 31 January 22 Richard II, that at the
time of his death Ellen one of his sisters and Thomas son of
Anne another sister were his next heirs, that Ellen, then twelve
years of age, died without issue on Saturday after St. Peter and
St. Paul 2 Henry IV, that Thomas son of Anne is next heir of
the said Ellen and of Thomas son of Thomas, and is of the age of
five years, and that the king after granted to Robert Fraunceys
his knight without rendering aught to the king the ward of all
lands and other possessions in Salop whatsoever that were of
Thomas son of Thomas de Cherlton and of Ellen his sister, and
came to the king's hand by their death and by reason of the
nonage of Thomas son of William de Knyghtley their cousin and
heir; and upon petition of John Knyghtley, shewing that Thomas
de Cherlton in the writs and letters of the late king and Thomas
de Cherlton of Appeley in the said inquisitions are one and the
same, and that by virtue of the grant and sale to him by John de
Harleston, Thomas Overton and John Bouet, and the grant of the
late king to him, by name of John Knyghtleye the younger, he
was long in peaceable possession of the moiety of the said manors
and lands which descended to the said Thomas son of Anne as
cousin and heir of Thomas son of Thomas, and continued his
possession no small time, but that by colour of the king's letters
patent he is by the said Robert unlawfully hindered from taking
the issues and profits of that moiety as he ought, although he took
the same in the mean time, and for preservation of his right has
been wearied with travail and expense, and praying for revocation
of the letters patent to the said Robert in respect of that moiety,
the king ordered the sheriff to give the said Robert notice to be in
chancery in the quinzaine of St. Hilary last in order to shew cause
wherefore that ought not to be done, and wherefore the petitioner
ought not to continue his possession of that moiety, and to take
the issues and profits thereof, and in the quinzaine of Easter
following that cause was sent for debate before the king, and the
petitioner came in person at Westminster, and the said Robert
by John Whatton his attorney, and for the king and for himself
alleged the king's letters patent granting him that moiety, by
name of the ward of all the lands and possessions of the said
Thomas son of Thomas and of Ellen his sister whatsoever, and
that he is tenant of that wardship by grant of the king, and
without the king may not answer, craving aid of the king, wherefore
the justices have deferred to proceed. |
