Final Concords For Lancashire, Part 3, 1377-1509. Originally published by Record Society of Lancashire and Cheshire, Edinburgh, 1905.
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This is the final concord made in the court of the lord King on the morrow of All Saints in the seventh year of the reign of King Richard [2nd November, 1195], at Westminster, before Hubert, archbishop of Canterbury, Richard, bishop of London, Ralph of Hereford and Richard of Ely, archdeacons, William de Warren, master Henry de Castellun, Richard Heriet, Osbert, son of Hervey, Simon de Pateshill, and other faithful people of the lord King then present there.
Between Roger de Boston [rectius Burton] and Horm, his brother, plaintiffs, and Robert, son of Bernard [of Goosnargh], tenant of 5 carucates of land with the appurtenances in Wrstincton [Wrightington] and in Dauton [Dalton, par. Wigan] and in Iperbolt [Parbold] and in Moston, whereof there had been a plea between them in the aforesaid court, to wit, that Robert has remitted the whole half part of the aforesaid 5 carucates of land with the appurtenances from himself and from his heirs to the said Roger and Horm, brothers, and to their heirs for ever, that is, one carucate of land with the appurtenances in Wrstincton, that is, a half of the whole vill, and one carucate of land with the appurtenances in Iperbolt, and half a carucate of land with the appurtenances in Dauton. And for this demise of half the aforesaid claim of Roger and Horm, the said Roger, and Horm, have quitclaimed the whole right and claim which they had in the whole remaining part which remained to the said Robert from them and from their heirs to the said Robert and his heirs for ever. And the same Roger and Horm will warrant the whole aforesaid half part of the land which remained to him to the aforesaid Robert and his heirs against all the other infants of Roger, son of Horm, father of the same Roger and Horm, brothers. (fn. 1)
This interesting Lancashire Fine of 1195 has hitherto escaped notice. In considering it, a later Fine of 1202 must be examined with it. (fn. 2) The vills of Dalton, Parbold, and Wrightington had been given to Orm, son of Ailward, by Albert Grelley, senex, in marriage with his daughter Emma, to hold by the service of one knight. (fn. 3) From this union descended the family of Kirkby of Kirkby Irleth, mesne tenants of these vills and of Ashton-underLyne, for some centuries under the barons of Manchester. Some time between the date of this grant and 1195 a sub-infeudation was made of this knight's fee by the Kirkbys in favour apparently of a certain Richard de Lancaster, who was not improbably a younger brother of the De Kirkby who enfeoffed him thereof. In 1195 the inheritance, it appears, had descended to Robert, son of Bernard, thegn of Goosnargh, and to the two sons of Roger, son of Orm (whom I propose to identify as the then late tenant of Ashton-under-Lyne, and ancestor of the notable Lancashire family of Assheton), (fn. 4) in right of the respective wives of Robert and Roger. These two sons respectively bore the names of Roger de Burton, (fn. 5) of Burton in Kendal, and Orm de Ashton of Ashton-under-Lyne. In 1202, Margaret, relict of Richard de Lancaster, for a consideration of 3 marks, released her dower right in these vills to the three heirs, Robert, Orm, and Roger. (fn. 6) Apparently some time between 1202 and 1242 another infeudation of these vills was made by the Grelleys in favour of the Lathoms of Lathom, for in 1242–3 Robert de Lathum held one knight's fee in Wrightington and Parbold of Thomas Grelley. (fn. 7)
Inspeximus, dated 17 Nov., 15 Ric. II. , of a fine levied in the court of the lord the King, on the octave of the Purification of the B.V.M., 9 Edw. III. [9th Feb., 1335], before William de Herle, John de Stonore, William de Shareshull, John Inge, John de Shardelowe, John de Treuaignon, and Richard de Aldburgh, justices, and afterwards recorded before the said justices there in three weeks from Easter, in the said year, between Robert de Langeton and Margaret, his wife, plaintiffs, by Roger de Faryngton put in the place of Margaret, and Henry, son of Adam de Mauncestre, chaplain, deforciant of the third part of the manor of Langeton, co. Leycestre, of one messuage and one carucate of land in Hendon, co. Middlesex, and of one messuage and 38½ acres of land in Walton in le Dale, and of the manor of Hyndlegh and the moiety of the manor of Goldeburn, co. Lanc. [See Lancs. Fines, Part II, p. 194.] Exemplified at the request of John de Langeton, son and heir of Robert de Langeton, son and heir of the said Robert de Langeton and Margaret. (Lancs. MSS., vol. xxxviii, p. 179.)
Between Ralph de Langeton and Joan, his wife, plaintiffs, by Henry de Walton put in Joan's place, and John de Blakeburne of Gerstan, deforciant of a messuage, 60 acres of land, 3 acres of meadow, and 3 acres of pasture in Walton in le Dale, which John de Sothworth of Walton in le Dale holds for the term of his life.
[Ralph acknowledged the tenements] to be the right of John de Blakeburn, for which he granted that after the death of John de Sothworth they should remain to Ralph and Joan for their lives, to hold of the chief lords of the fee; remainder to Nicholas, son of Ralph, and Joan and his heirs male; remainder to Thomas, brother of Nicholas, and his heirs male; remainder to Geoffrey, brother of Thomas, and his heirs male; remainder to the right heirs of Ralph for ever. [Towneley's MS., E.E., nos. 575, 630 (Addit. MSS., no. 32,106, f. 102, 113b).]