Lancashire Assize Rolls: 4 John - 13 Edward I. Originally published by Lancashire and Cheshire Record Society, s.l, 1903.
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Assize Roll, 405. Lancashire.
4 Edward I.
Pleas, Jury and Assize, taken at Lancaster on the morrow of the Exaltation of the Holy Cross, in the fourth year of the reign of King Edward [15 September 1276] before John de Reygate and William de Northburg.
Novel disseisin—John de Nerthall v. Peter de Wyndel, Alice his wife, Roger de Molyneus, Agnes his wife, Richard de Molineus, Simon de Reyghull, John son of Robert de Reynhull, Waryng de Clayton, William de Eggeworth, Alan de Molyneus, Alan le fyz Wogon, William son of William de Ellom, Henry le Harpur and Henry son of William de Wyndehull re 12 acres of wood and 12 acres of moor and heath in Sutton.
Richard, Alan, Alan and William son of William appear by John Tempeste their bailiff; defendants say that the land is in Reynhull not in Sutton. Verdict for plaintiff, John de Northhall, against all but Alice and Agnes, with Judgment. Damages 2s. All to the clerks.
Plaintiffs say that one Nicholas de Wygan enfeoffed them long before his death. Defendant says that Nicholas held of him, since whose death he has held the premises to the use of the heir, brother's son to Nicholas, who is under age and in his ward. Verdict for defendant, of whom Nicholas held the tenement on the day he died. Judgment accordingly.
Concord—Alan acknowledges the tenement to be the right of Adam and his heirs, and surrenders it to him to hold of Alan and his heirs for ever, paying yearly 2s., half at Easter and half at Michaelmas and doing suit at Alan's mill at [blank], at the twenty fourth measure (ad vicesimum quartum vas) of the corn (bladis) glowing on the said tenement for all suits, services, etc.
Plaintiff says that the dyke is on land recovered by him before the Justices last in Eyre, and that his neighbours' cattle eat his corn. Defendants deny injuring the land so recovered, and say that plaintiff appropriated and enclosed with a dyke part of the common pasture of Wolfscroft, and that this dyke they have levelled. Verdict for defendants, with Judgment.
Jordan says that he, as chief lord of that fee, appropriated the said common under the Statute of Merton, and that Agnes has sufficient pasture. Verdict for defendant, with Judgment. Plaintiff being poor, no fine.
Novel disseisin—Thurstan de Hoylaunde v. William de Molineus, Roger de Molineus, Patrick de Haselwell, Nicholaa his daughter, Alan le Norreys, Margery his wife and Henry son of Cecily re 100 acres in Hale.
William, Roger and Alan come and Roger de Caldeye appears as bailiff for the others, and they say that 40 acres only are put in view, and that the land is in Spek, not in Hale. Later Alan says that he holds the fourth part of the land by gift of Patrick in free marriage with Margery his wife, and that the injury done, if any, was not by him. Verdict that Thurstan only put in view 60 acres, viz., 20 in Hale and 40 in Spek. Judgment for defendants, except as to the 20 acres in Hale which plaintiff recovers; damages 10s.
Mort d'Ancestor—William de Moles, in right of Gilbert de Moles his uncle v. Richard le Botyler (as to a messuage, 2 oxgangs and 20 acres) and the Abbot of Cokersand (as to a messuage, 5 acres, and 2s. rent) re 2 messuages, 2 oxgangs, and 25 acres of land and 2s. rent in Frekelton and Hoton.
Plaintiff gives ½ mark for concord: he acknowledges the tenement now held by Richard to be his, and releases all claim thereto, for which Richard gives him one sore sparrowhawk; and he acknowledges the tenement which the Abbot holds to be the right of the said Abbot and his church of Kokersand, and releases all claim thereto, for which the said Abbot has admitted him to the benefits of his house (recepit ipsum in beneficiis domus sue).
Novel disseisin—Richard son of John de Haydok v. Richard de Kylchyld, Robert de Hendeleye, Ellen his wife, Adam de Hendeleye, Isabel his wife, Thomas de Holcroft, Jennet his wife and Roger del Twysse re common of pasture in 60 acres of wood and 180 acres of moor in Kylchid.
Richard de Kylchid says that the common of pasture belongs to tenements which descended to Ellen, Isabel and Jennet, and to one Margery late his wife, who were sisters and were coheirs of one [blank] their father, in their several shares: and he had issue by the said Margery one Thomas his son, who is living. Defendants ask judgment whether they ought to answer without Thomas. The morrow of Holy Trinity at Clyderhowe appointed for delivery of Judgment.
Novel disseisin—William de Dyddesbyry v. John de Byrun, Simon de Gousle, Robert son of Sewall, Robert son of Stephen, Richard fyz la vedue and Robert son of Samson re common of pasture in 11 acres in Diddisbiry.
Defendants object that Diddesbiry is not a vill or borough, but a hamlet of Wydinton; and Simon says that he and John are joint owners of the vill of Wydinton and appropriated the common under the Statute of Merton. Adjourned to Clydirhowe.
Defendant says that Bromyhirst is neither a vill nor borough but a hamlet of Barton, that two men only dwell there and that it is held as an oxgang of land belonging to Barton. Nonsuit, with leave to proceed by another writ.
Mort d'Ancestor—John son of Gilbert de Barton v. Robert de Grelley re 4 messuages, 16 acres of land, 16 acres of wood, 40 acres of heath, 3 acres of marsh, 6s. 8d. rent and two parts of a mill, in Barton on Irewell.
[Part of case deficient] Later on the morrow of the Exaltation of the Holy Cross [15 September] at Lancastre in the above year come the parties before J. de R. and W. de N. and, Margery being unable to produce the record of the Roll of Walter de Helyun and his fellow Justices last in Eyre, the case is proceeded with. Plaintiffs say that John de Harewode, father of Alan, held the tenement of Margery, and committed felony by killing a man; therefore, after the King's year etc., Robert de Haunton entered upon the tenement on payment of fine. Defendant says that plaintiffs, after his father's felony, put him in possession, and that he took the fealties and services and lived in the capital house from Mid-Lent until after the feast of S. John Baptist, when plaintiffs ejected him.
Verdict, that John father of Alan committed a felony and fled, so that the tenement came to the King's hand; and after a year and a day Robert made a fine with the King and was peaceably seised until Adam de Blakeburn, John his son, Geoffrey de Bylinton and Henry de Walleye, friends of Alan, agreed with Robert in Mid-Lent 5 Henry III [21 March 1220-1] that Alan should have the tenement on payment of 15 marks at the Nativity of S. John Baptist following [24 June 1221], Adam and John his son being sureties: the sureties are dead, no payments were made, and so plaintiffs entered and seized the premises as the inheritance of Margery. Before the Justices last in Eyre it was agreed between the parties that Alan, with the exception of 20 acres arable and 20 acres of waste, should release all his right and claim in the said tenement to Robert and Margery and her heirs. Margery says that she and her husband are willing to abide by this covenant and in addition to give Alan 5 acres of waste. The morrow of Holy Trinity at Cliderhow appointed for delivery of Judgment.
At which time the parties attend and Alan asks adjournment to enable him to pay Robert. Adjourned accordingly to the Octaves of S. Michael [6 October 1277], and Judgment will follow the verdict of the Assize, in default of payment.
Defendant calls to warrant Walter de Wadington of the county of York. Plaintiff says that Robert de Knol her grandfather purchased the tenement of one Walter de Wadington ancestor of Walter, and gave it to William her father in marriage with Agnes her mother.
Verdict, that one Robert de Fayrstan gave the tenement to one Walter de Wadington in marriage with one Sarra his daughter: after the death of Walter, Sarra held it for life and after her death it came to one Walter de Wadington son of Walter and heir of Sarra. Judgment for defendant: plaintiff's fine remitted, she being poor.
Defendant says that Gilbert de Moles his uncle died seised therof, and on his death plaintiff entered, but was ejected by defendant on the day that Gilbert was buried. Plaintiff says that Gilbert enfeoffed him by charter produced, and that he occupied the tenement for 5 days after Gilbert's death until ejected.
Verdict, that Gilbert died on a Saturday about 3 o'clock; and plaintiff the same day came and wanted to take possession but was prevented by the chief lord of that fee, who at length allowed him to enter on the Sunday; which same day about vespers, William, as heir of Gilbert, came and ejected him; so that it cannot precisely be said that plaintiff was in seisin. Judgment for defendant.
Novel disseisin—William de Heton and his co-parceners v. John de Byrun and others re setting up of a dyke in Heton. Cecily wife of Robert de Shoresworth and William de Heton, plaintiffs, appoint the said Robert their attorney.
Robert de Stochton, defendant's bailiff, says that one Geoffrey de Chetham, formerly her husband, demised part of his land to Master John, plaintiff's father; after the death of Geoffrey, Margery by writ of dower recovered the 3½ acres from John, to whom she subsequently demised them for his life at a yearly rent of 4s. and on his death she re-entered.
Elyas says that his ancestors were seised thereof as their separate property long before Henry held anything in that vill. Verdict to that effect, and that Richard father of Elias enclosed the said common with a dyke. Judgment for defendants.
Defendant says that he, as chief lord of Wytewell, appropriated the common adjoining his capital messuage under the Statute of Merton, and that the Abbot has ample common in 500 acres. The Abbot says that, long before Adam held anything in Wytewelle, his church of S. Mary of the Blessed Place of Stanlawe was enfeoffed by Adam de Wyndewell, lord of the vill of Wytenhulle, of a piece of land called Stanworle in Leylanchirre, and he produces his charter in these words:— "Know &c. that I Adam de Wyndehull have given granted and by this my present charter confirmed to Cod and the Blessed Mary and the Abbot and Monks of the Blessed Place of Stanlowe with my body a certain part of my land which is called Stanworthele in Leylanchirre with all its entirety as in woods mills waters and pastures and with all liberties to the said land belonging to have and to hold freely and entirely in pure and perpetual alms." He produces also the confirmation of John de Westle, who married Christian daughter and heir of the said Adam:—"Know ye &c. that I John de Westel have granted and by this my present charter confirmed to God and the Blessed Mary and the Abbot and Monks of Stanlawe for the good of my soul and of my heirs the gift which Adam de Wythenhull made to them with his body namely Stanworthe and Grendesholes with their commons and appurtenances as the charters of the said Adam made to them witness." Also the confirmation of one Richard de Alreton:—"I have granted and by this my present charter confirmed to the Abbot and Convent of the Blessed Place of Stanlawe the common of pasture belonging to the vills of Wytenhulle and Welton to feed their animals and cattle as many as the said pasture can sustain without contradiction and impediment of me or mine so that neither I nor my heirs can introduce or receive any other animals or cattle in that pasture except our own and those of our men dwelling in the said vills." After this grant Richard de Alreton had no power to appropriate any of the pasture or waste without leave of the Abbot or his successors; Richard son of this Richard, enfeoffed the defendant in the residue of his manor of Wytenhulle; and the Abbot asks how defendant can have more right than Richard to appropriate the common, and whether the Statute of Merton applies. Defendant says that, subsequent to the charter, Richard appropriated some of the waste, leaving part and keeping part, and asks why he to whom the lordship was granted should be in a worse position than Richard would be were he still lord. The Justices, wishing to see the grant, order Adam to produce it at Clyderhowe on the morrow of Holy Trinity.
On which day the parties appear and Adam produces his grant, by which it appears that Richard enfeoffed him of all the lands and tenements which he held in the vill of Wytenhulle with homages, rents and services of freemen and villeins, escheats and all other things to the manor belonging, without exception, to hold of the chief lords etc. And Adam repeats that Richard, after his charter to the Abbot, appropriated 100 acres of waste which he afterwards demised to the Abbot, who now holds them: and that Richard son of Richard de Alreton demised 3 acres of waste to Richard Banestre who built a lodge thereon and held it for some time; so that the Abbot's charter is void. The Abbot replies that the charter is not void; that Banestre's lodge was pulled down as soon as its existence became known; that Banestre was compensated by Richard son of Richard with arable land in Wytenhulle to the value of the 3 acres of waste; and that no waste was appropriated without the Abbot's consent.
Verdict, reciting the grants, subsequent to which no waste was appropriated without the Abbot's consent; the grantor were he living could not appropriate it, and Adam cannot be in a better position; and the Statute of Merton does not apply. Judgment for plaintiff. Damages 6d.
Godith says that she holds a third part of the tenement by gift of Ralph, who denies that Almarica was ever in seisin. Almarica says that she recovered the tenement before the Justices in Banco and was put in seisin by the Sheriff under the King's writ. Adjourned to the morrow of Holy Trinity at Clyderhou, for want of jurors.
Defendant says that one Syokh held a third of the messuage in dower when this writ was obtained, namely 11 September, a° 3° , and still holds it. Plaintiff cannot refute this and withdraws from writ by permission.
Michael says that he inherited on his father's death and is now a minor; he is seen in Court and is under age: Almarica says that she has a husband who should be included in the writ. Plaintiff withdraws from writ by permission.
Defendants say that plaintiff enfeoffed one Juliana daughter of Adam de Cnousle by charter produced, and she enfeoffed Henry; plaintiff says that he was ill when the charter was made. Verdict, reciting that the Earl of Derby gave the tenement to plaintiff, his bailiff, for his services; that, for trespass and arrears of account, he was taken by the Earl and detained at Liverpool whence he was removed to Tutbury, where he escaped; and, fearing he would lose his tenement, he enfeoffed Juliana and she Henry. Judgment for defendants.
Gilbert says the messuage is held of the Earl of Lincoln, whose bailiff he is; and, hearing that Jordan wished to alienate it, he went there to prevent him. Put back to the morrow of Holy Trinity at Clyderhou for lack of jurors; William de Osbaldeston, Hugh de Caldecote, Hugh de Twyselton, Richard de Donum, Peter de Radeclyue, Roger de Radecliue, and Adam son of the Chaplain, jurors, absent; so fined.
Novel disseisin—John de Merolhan v. the Prior of Burkscou, Henry le Suur, Edmund de Assenheued, Thomas le Buker, Henry le fiz le Keu, William son of Edmund, Ralph de Bikerstath, Richard del Dam, Agnes who was wife of William Wyth, Adam le Feuere, Richard son of Stephen, Adam son of Edda, Henry son of Adam de Mounteslay, Robert de Redwryth, Henry son of Hugh, John son of Sabin, Henry Trauers and Alan le Peleter re common of pasture in 40 acres of land and 40 acres of moor and marsh, in Latham.