Final Concords For Lancashire, Part 3, 1377-1509. Originally published by Record Society of Lancashire and Cheshire, Edinburgh, 1905.
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Lancaster. Henry IV., A.D. 1399—1413.
Upon the accession of Henry IV. to the Crown the Duchy of Lancaster, with its lands, possessions, and rights, became vested in the King in a character and capacity altogether different from that in which they had been vested in John of Gaunt, Duke of Lancaster, by virtue of the charters of Edward III. and Richard II. That is to say, all principles of law, in virtue of which John of Gaunt had held the same possessions, were extinguished by the operation of the common law, and with the King's accession and by force of it the possession of the Duchy, with all the franchises, liberties, and jurisdiction, became vested in Henry IV. as King and not as Duke, and those sovereign prerogatives and preeminences, which by the law were uncommunicable by the sovereign to a subject, were added, as it were, to the Duchy in virtue of his higher and superior title of King, and thereupon immediately clothed the lands and possessions of the Duchy with all the prerogatives and pre-eminences which that higher and superior title conferred upon the sovereign and his successors. (fn. 1)
One of the first acts of King Henry IV., after his accession to the Crown was to grant in Parliament a charter, in which the lands and possessions of the Duchy of Lancaster were declared to be a separate inheritance, distinct from the lands and possessions of the Crown. The prerogatives of the King were annexed to the possessions so separated, but the rule and management of the estates was to be under an appropriate management, the distribution of the revenues by a distinct Treasury, and the ordering of all things connected therewith was vested in an establishment called the Chancellor and Council of the Duchy. (fn. 2)
There are no Feet of Fines for the reign of Henry IV. now preserved amongst the Palatinate of Lancaster Records. In the 35th Report of the Deputy Keeper of the Public Records, Appendix no. 2, p. 49, it is erroneously stated that bundle no. 8 of Prothonotary's Records contains "Final Concords, Henry IV." These are fines of the reign of Henry VI., as stated in a MS. correction in the copy of the same report kept in the Literary Search Room of the Public Record Office.
Twelve fines for this reign, which have been discovered in various MS. collections, are printed in this volume, and no doubt others may turn up from time to time among private muniments. But the most important indication of fines levied during this reign is to be obtained from the particulars of fines given for writs during this period, which were enrolled upon Duchy of Lancaster, Chancery Rolls nos. 4 and 5, and Close Roll no. 1, printed in the Appendix to the 33rd Report of the Deputy Keeper, pp. 1–8, and in the Appendix to the 37th Report, no. 2, pp. 172–4. For convenience of reference the entries—which give the name of the plaintiff (or occasionally of more than one plaintiff) in the suit—are given below, but it must be remembered that only a few of the writs here particularised were issued in pleas of covenant afterwards concluded by the levying of a fine, the bulk relating to other suits pending in the court at Lancaster. The probable proportion of the former to the latter may be estimated by referring to the fines paid for writs during the first twelve years of the Regality of John, Duke of Lancaster, and comparing the total with the number of fines levied during the same period.
Between William Danyel, the elder, and Clemence, his wife, plaintiffs, and John le Tayllour, of Bold, and William Cooke, of Bolde, deforciants of 4 messuages, 80 acres of land, 40 acres of turbary, 100 acres of pasture, and 11 shillings of rent in Sutton, Eccleston, and Raynhill.
John and William acknowledged the tenements to be the right of William Danyel and Clemence, his wife, for their life, after their decease to remove to William Danyel, the younger, and the heirs of his body. (fn. 3)
Between Margaret, daughter of Jordan de Workeslegh, late the wife of Thurstan, son of Richard de Tildeslegh, and Thomas Tildeslegh, son of the said Thurstan, plaintiffs, and John le Mascy, of Tatton, chivaler, and Alice, his wife, Thomas Mascy, son of the same John and Alice, and Geoffrey, brother of the same Thomas, deforciants of 12 messuages, 200 acres of land, 20 acres of meadow, 100 acres of wood, 100 acres of pasture, and 100 acres of moor in Workeslegh [Worsley].
The deforciants acknowledged the tenements to be the right of Margaret and Thomas, who gave them 100 marks of silver. (fn. 4)
[Nicholas and Cecily remitted all right in the tenements to John and Katherine, &c. (fn. 5)]
[John and Agnes remitted all right in the tenements to Nicholas and Margery, &c. (fn. 6)]
Between Robert de Bolron, plaintiff, and John del Carre, of Lancastre, deforciant of 2 messuages, a garden, and 5 acres of land in Lancastre, which John Ammory holds for the term of the life of John, son of Robert del Karre.
John granted the reversion of the said tenements after the decease of the said John, son of Robert, to the said Robert and his heirs, for which Robert gave him 20 marks of silver. (fn. 7)
Between William de Lunt and Richard More, chaplains, plaintiffs, and John de Linacre, of Liverpull, and Juliana, his wife, deforciants of 3 messuages and 6 acres of land with the appurtenances in Lyverpull.
John and Juliana acknowledged the tenements to be the right of William, as those which they have by the gift of the said John and Juliana, and they remitted them to the said William and Richard and to the heirs of William (with warranty), for which William and Richard gave them 10 marks of silver. (fn. 8)
Between Henry, son of Henry Percy, Earl of Northumberland, knight, William Thirnyng, knight, John de Meeres, John de la Launde, Roger Welby, Nicholas Motte, parson of the church of Swyneshead, Thomas Barneby, parson of the church of Rothewell, Simon Luffenham, William Auncell, John Overton, and William Houghton, chaplain, plaintiffs, and Thomas La Warre, clerk, deforciant of the manors of Mamcestre and Keuerdale and of the advowsons of the churches of Mamcestre and Assheton [Ashton-under-Lyne].
Thomas La Warre acknowledged the said manors, &c., to be the right of William Houghton, to have and to hold to the plaintiffs and to the heirs of the said William Houghton for ever (with warranty), for which the plaintiffs gave him 1000 marks of silver. (fn. 9)
Between John del Fere and Nicholas de Workesley, plaintiffs, and Richard de Parr, of Workesley, and Ellen, his wife, deforciants of 4 messuages, 40 acres of land, 3 acres of meadow, and 3 acres of pasture with the appurtenances in Worseley. (fn. 10)
Richard and Ellen acknowledged the tenements to be the right of John and Nicholas, who granted the same to Richard and Ellen, to hold of the chief lords of that fee for the life of Richard and Ellen, after their decease to remain to Oliver, son of the said Richard and Ellen, and the heirs male of his body, in default to remain to William, brother of the said Oliver, and his heirs male, in default to remain to Hugh, brother of the said William, and his heirs male, in default to remain to Henry, brother of the same Hugh, and his heirs male, in default to remain to Richard, brother of the same Henry, and his heirs male, in default to remain to John, brother of the same Richard, and his heirs male, in default to remain to Geoffrey, brother of the same John, and his heirs male, in default to remain to Robert, brother of the same Geoffrey, and his heirs male, in default to remain to the heirs male issuing of the bodies of the same Richard de Parr and Ellen, in default to remain to Margaret, sister of the same Robert, and her heirs male, in default to remain to the right heirs of the said Ellen for ever.
Between Richard Straunge, chaplain, and William Brokesmouth, chaplain, plaintiffs, and Henry de Totehull and Margery, his wife, deforciants of 3 messuages, 25 acres of land, 5 acres of meadow, 20 acres of wood, 4 acres of pasture, and 1 penny of rent with the appurtenances in Tildeslegh.
Henry and Margery acknowledged the tenements to be the right of Richard and William, who granted the same to the said Henry and Margery, to hold to them and the heirs male issuing of their bodies of the chief lords of that fee, in default to remain to Emote, daughter of the same Henry, and her heirs, in default to remain to the right heirs of the said Margery for ever. (fn. 11)
10. At Lancaster, (fn. 12) 11 Henry
IV. [, 1410].
Richard and Matilda remitted all right to Nicholas and his heirs, for which Nicholas gave them 100s. (fn. 13)
The deforciants released all right to Ralph Burnel, who granted to Richard and Alice 1 messuage, 7 acres of land for their lives, after their decease to remain to Roger and Avice and the heirs of their bodies. After the decease of Roger and Avice [the remainder of the tenements ?] to remain to the right heirs of Alice for ever (sic). (fn. 14)
12. At Lancaster, on Thursday next before the feast of St. Lawrence, in the 12th year of the reign of Henry, King of England and France, and of his County Palatine of Lancaster [6th August, 1411], before William Gascoigne and John Cokayne, justices.
Between Thomas, bishop of Durham, John Henege, Nicholas Motte, clerk, Richard Lumbard, clerk, Richard Fryth, clerk, William Rouceby, clerk, William Thirnyng, knight, Simon Laffenham, William Auncell, and John Overton, plaintiffs, and Thomas La Warre, deforciant of the manors of Mamecestre [Manchester] and Kiuerdeley [Cuerdley] and of the advowson of the church of Mamcestre.
Thomas La Warre acknowledged the manors and advowson to be the right of the said William de Rouceby as those which the plaintiffs have by his gift, and released them to the said plaintiffs for ever. (fn. 15)
Fines Paid For Various Writs Of Different Dates.
1 Henry IV., 1399–1400.
Nicholas de Atherton, Richard del Crooke, of Whithull, Mathew de Tyldeslegh, John de Radclyf, William Danyel, (fn. 16) Robert de Urswyk, Thomas Horne, William le Botiller, and others.
2 Henry IV., 1400–1.
John de Hodeleston, Richard de Massy, of Sale, and Elena, his wife, Thomas de Syngleton, the elder, Elias de Bradeshagh, Richard Fitz John, John de Dalton, William Wythur and Isabella, his wife, John de Massy, of Tatton, chivaler, and Alice, his wife, Margaret, daughter of Jordan de Workeslegh, widow of Thurstan, son of Richard de Tildeslegh, and Thomas de Tildeslegh, son of the said Thurstan, (fn. 17) Robert, son of William de Workeslegh, and others.
3 Henry IV., 1401–2. (fn. 18)
The Abbot of Cokersand, Richard, son of John de Holand, of Hale, bastard, Alice, widow of Adam de Chadirton, Thomas de Claghton, Robert de Workeslegh, Richard de Urmeston, Sir Gilbert de Halsale, chivaler, Thomas More, of Liverpool, Sir Henry le Norreys, knight, and Alice, his wife, and John Bost, of Penreth.
4 Henry IV., 1402–3.
Henry, son of Henry Percy, Earl of Northumberland, (fn. 19) William de Oxclif and Margery, his wife, Richard Donne, of Cronton, and Elizabeth, his wife, Robert, son of Mathew de Southworth, of Culchith, and Agnes, his wife, Robert de Cliderowe, Nicholas, son of Gilbert de Syngleton, Sir Thomas Talbot, chivaler, John Bost, of Penreth, Roger Fyngland, Christopher, son of Roger de Preston, and William Lount, chaplain.
5 Henry IV., 1403–4.
Sir John de Dalton, chivaler, Thurstan de Anderton, John de Stanlawe, of Lancaster, Thomas Waddesley, of Wigan, Sir Ralph de Radclif, kt., Sir John de Bothome, chivaler, and Christiana, his wife, Sir William le Botiller, of Werington, chivaler.
6 Henry IV., 1404–5.
Thomas del More, of Liverpool, and Margery, his wife, Christopher de Broghton and Elizabeth, his wife, Sir John de Dalton, chivaler, Margery, daughter of John de Asshton, of Wolfall, Margaret, widow of Elias de Bradshaw, Henry, son of Adam de Bretherton, Sir Richard Kirkeby, chivaler, William de Tarleton, Robert Faseacrelegh and Ellen, his wife, Gilbert de Standissh and Joan, his wife, John, son of Sir John de Holand, of Thorpwaterville, chivaler, Sir Nicholas de Athirton, chivaler, Gilbert de Man and Alice, his wife, and Richard Jonson, of Cunneswyk, and Petronilla, his wife.
7 Henry IV., 1405–6.
Thomas de Kilchith, Sir William Haryngton, kt., Thomas Gerard, Thomas de Toneton, parson of the church of Wath, Thomas de Wekirsley, parson of the church of Stokysley, Nicholas de Hesketh and Margaret, his wife, Katharine, widow of John de Lathum, Gilbert de Adburgham, Elias Banastre, Nicholas de Croft and Ellen, his wife, William de Hudleston, of Coupeland, and Joan, his wife, Joan, daughter of William de Rixton, of Weryngton, John Smalwode, of Lancaster, Robert de Fasacrelegh and Ellen, his wife, and Thomas de Hyton, parson of the church of Ha . . ., Roger de Bolton and Ismania, his wife, Simon de Walmesley, Thomas la Warre, clerk, Robert de Longley, William de Hudeleston, Robert de Staveley, Sir John de Radclif, of Ordesall, kt., Henry de Brethirton, chaplain, John Cowell, chaplain, Thurstan de Holcroft and Isabella, his wife, Sir Henry le Norreis, knight, and Thomas de Osbaldeston.
8 Henry IV., 1406–7.
Joan, widow of Sir Thomas de Lamplugh, chivaler, John Lawrence and Margery, his wife, William de Wasshyngton, Thomas de la Warre, clerk, Lord of Mamcestre, Henry de Halsall, clerk, Richard de Townlay, John de Workesley, William Shoghsmyth, Sir John de Croft, chivaler, William, son of William, son of John de Maudesley, Thurstan de Pynyngton, Thomas de Sonky, of Weryngton, Henry de Wynstanlegh, Richard de Habryngham, Sir John de Irlond, chivaler, Ralph, son of Henry, son of John de Standyssh, John de Adburgham and Alice, his wife, Adam, son of Robert de Buklegh and Alice, his wife, Henry de Scaresbrek, William Danyell, Anilla Gentill, Richard del Croke, of Whithull, and Sir Nicholas de Athirton, chivaler.
9 Henry IV., 1407–8.
Robert de Lathum, William de la More, Sir Thomas Gerard, kt., Thurstan de Atherton, John Fobell, of Furness, and Christiana, his wife, Ralph de Radclif, son of Sir Ralph de Radclif, kt., and Thomas de Trafford, executors of the will of Sir Ralph de Radclif, late sheriff of Lancashire, John del Bothe, of Barton, Thomas de Longley, late keeper of the King's Privy Seal, Robert de Urswyk, Thomas de Urswyk, Richard de Townlay, William, son of Sir William de Athirton, kt., John del Fere, Nicholas de Workeslegh, (fn. 20) Richard Straunge, chaplain, William Brokesmouth, chaplain, (fn. 21) John Dynlay, William Sclatere, of Padeham, Sir John de Bolde, kt., John Nowell of Rede, Richard de Abricham, William Ambros, James de Pykering, and William de Grenhils, of Preston, Richard de Wode and Alice, his wife, Nicholas Blundell and Ellen, his wife, Geoffrey de Bradshagh, Maud, widow of Sir John Lovell, chivaler, the executors of the will of Sir Ralph de Vernon, kt., John le Bredkirk, Edmond de Andirton, Ralph de Barton, Peter de Werberton, the executors of the will of Richard Boterworth, senior, and John de Dokesbury, Richard de Hodeleston, Richard de Workesley, Robert de Fasacrelegh and Ellen, his wife, William de Grenhils of Preston, John de York, vicar of the church of Ecclis, John del Bothe of Barton, John King, chaplain, Thomas Newton, chaplain, and Robert de Walmersley and Alice, his wife.
10 Henry IV., 1408–9.
11 Henry IV., 1409–10.
Margaret, widow of Hugh de Barlawe, Thomas Trygge, of Chorley, Margery, widow of Thomas del More, of Liverpool, and Robert de Irland, Sir John de Irlond, kt., William, son of John de Oxclif, Thurstan de Anderton, Geoffry de Bradshagh, Richard del Crosse, Richard de Townley, Robert, son of Nicholas de Syngleton, of Broghton, Mathew, son of Henry de Tildesley, Ralph, son of Robert de Staveley, Thomas, son of Robert de Staveley, and Oliver, son of Robert de Staveley, executors of the will of Robert de Staveley, Elias, son of Elias de Entwysill, Sir Richard de Kyghley, kt., and Katharine, his wife, widow of Sir Peter Mauliverer, Katharine, daughter of John le Walsh, of Aghton, and Matilda, her sister, Joan, widow of Thomas de Radclif of Wynnarlegh, John Nowell, of Rede, John de Urmeston, of Westley, William Swynley, of Liverpool, and Margaret, his wife, John de Bredkirk and Edmond de Andirton, Robert de Radclif, of Osbaldston, Robert de Blakay and Richard de Blakay, Christopher de Brethirton, and John de Preston, bailiff of the liberty of the abbot and convent of Furness monastery, Robert de Radclif of Osbaldeston, Robert de Blakay, and Richard de Blakay, Christopher de Bretherton, Thomas, son of Adam le Parker, of Chorley, James de Pykeryng, Edward de Hoghton and Alice, his wife, Joan, who was the wife of Thomas de Lamplugh, kt., John Laurence and Margery, his wife, and William de Wasshyngton, Richard de Workesley, John de Radcliff, and John de Lancastreshire, and Margery, who was the wife of William de Atherton, kt.
12 Henry IV., 1410–11.
John de Sotheworth, of Hoghton, Robert le Parker, of Manchester, Robert Gilybrond and Joan, his wife, Margery, late the wife of Thomas de More, of Liverpool, John de Faryngton, Richard de Chadirton, Ralph de Wiswall, of Kirkdale, and John le Dey, of Liverpool, William Boteler, chivaler, William de Berdesey, of Berdesey, Henry de Birchenshagh, Adam de Lever, Richard de Hodeleston, and John, son of John, son of Thurstan de Tyldesley, Thomas Longeley, Bishop of Durham, William Thirnyng, kt., John Henege, Nicholas Motte, parson of Swyneshevede, Richard Lumbard, parson of Holtham, William Rouceby, vicar of Sleford, William Auncell, John Overton, and Richard Fryth, (fn. 22) Thomas de Byrum, David de Hulme, Richard de Turton, Cecily, daughter of Ralph de Redyche, John de Assheton, kt., James de Haveryngton, kt., and Richard de Radclyf, of Radclyf, Nicholas de Croft, esq., Robert, son of Richard, son of Richard de Tettelawe, bastard, John de Chadirton and Anabilla, his wife, Robert de Penulbury and Elena, his wife, and Adam de Hodersale and Elena, his wife, Thurstan, son of Henry de Pynyngton, and John de Cophull, of Cophull.
13 Henry IV., 1411–12.
William Botiller, of Weryngton, kt., Robert, son of John de Radclif, of Chaderton, executor of the will of John de Radclif, of Chaderton, William de Dutton, the abbot of Dieulacres, Thurstan de Holcroft and Isabella, his wife, Joan, who was the wife of Peter de Trafford, Thomas de Wynstanley, Henry de Athirton, the younger, and Henry Charles, chaplain, Richard de Athirton, Thomas de Neuton, chaplain, and Edmund de Whitacre, chaplain, John de Chadirton and Anabilla, his wife, Robert de Penulbury and Elena, his wife, and Adam de Hodersale and Elena, his wife, William Daas, parson of Wynwyk, and Thomas de Longley, late Archdeacon of Norfolk, Eustace Daas, and John Drewe, John, son of John de Brokholes, Henry de Hoghton, kt., John de Assheton, kt., William de Berdesey, of Berdesey, Robert de Urswyk, Adam de Scoles, chaplain, and Thomas Glysson of Bykerstath, and Nicholas de Croft, esq.