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 1235. Divers Counties.
5 Edward I.
Pleas of Assizes and Juries taken at Cliderhowe in the County of Lancastre before J. de Reygate and W. de Northburgh on the morrow of Holy Trinity in the fifth year of the reign of King Edward [24 May 1277].
Novel disseisin—Adam de Fraxino v. Roger Bayns, William Bayns, Richard Bayns, John son of Richard de Burgh, John son of John de Burgh, Adam Faytwayt, Richard son of Hugh, John de Dungton and William Scot re 15 acres in Whytington.
Plaintiff did not prosecute; sureties, William le Breuur of Tunstal and John de Hoton. Later the parties come to terms and Roger admits Adam's right to the land, and for this surrender Adam remits to him his damages.
Mort d'Ancestor—John de Barton, in right of Gilbert de Barton his father v. Robert de Grelly re 4 messuages, 16 acres of land, 16 acres of wood, 40 acres of heath, 3 acres of marsh, 6s. 8d. rent and 2 parts of a mill etc. in Barton on Irrewelle.
They come to terms, John giving ½ mark for leave by surety of the said Robert, to the effect following:—John acknowledges the said tenement to be the right of Robert and remits it to him, quit of himself and his heirs for ever; and for this Robert de Grelly, Lord of Manncestre, grants to the said John and to his heirs for his homage and service, certain land within the bounds underwritten, namely: beginning at the footpath that commences on the high road before the door (hostium) of Elias de Barton and so following the said footpath towards the north as far as Coppidgrene, together with the dower of Cecily mother of the said John; and from Coppidgrene following the headland (foreram) to the field diche as far as into Deplathe crosswise as far as Derboth, together with Derboth under its own bounds, and so following the hedge [hayam] on the highway to the aforeaid footpath; with all buildings within the said bounds erected, to wit, the hall and grainge house of Walter de Barton, the house of Adam son of Simon, the house of Hayna; and all his land in Salteye with a moiety of the Salteye and the dower of the said Cecily; and a moiety of his land between the pol of Barton and the bounds of Irrewilham and between Irrewelle and Catemosse, with a moiety of the pasture and of the escapes [vasti eschapiorum] of the waste and of all other approvements within the said bounds, with the dower of the said Cecily; and a moiety of the wood of Boylsnape etc., with the dower of the said Cecily; and a moiety of all his mills in the vill of Barton, built and to be built, with all common and easements in the vill of Barton belonging to the said tenements there and so much of them; and the said John shall find a moiety of the keepers of the said mills and woods to keep in repair and sustain them, with the dower of the said Cecily; to have and to hold to the said John freely etc. yielding yearly to the said Robert his heirs and assigns one clove of gilliflower for all services: and the said Robert and his heirs will warrant all the said tenements within the said bounds to the said John and to his heirs for ever.
John de Clapham, bailiff for defendants, says that the land belongs to Robert, lying within his own demesne, and that it formerly lay waste and uncultivated till he reduced it to culture as he well might. Verdict for Alan, with Judgment. Damages 12d. C [to the Clerks].
Novel disseisin—Alan de Coupland v. Alina de Adigham, William de Steynforde, Jordan le Messer, John de Ballrugge, Adam Geirok, Ranulph son of Robert de Beleclyue, Nigel de Scales, Adam son of William le Gardiner, John Dunynheton and Lambert de Scales re common of pasture in 60 acres of moor in Aldingham, belonging to Alan's tenement in Great Urswyk.
William de Steynforde, for the defendants, says that one William de Furneys, father of Alyna and whose heir she is, granted the said pasture to the plaintiff's father for his life, and that nothing can remain to Alan; Alan says he was in good seisin for 26 years and more until, &c. Verdict for plaintiff against all but William de Steynforde; Judgment accordingly. Damages 2s. C.
Novel disseisin—John de Ursewyk of Coupmanwra v. Alice who was wife of Henry de Croft, William de Claghton, Robert del Crag, Peter de Ovrekellet, William de Mora and Thomas son of Michael re 4 acres in Ovrekellet.
Nuisance—Alexander de Pilkinton v. Adam de Prestewyk, Richard son of David de Hulton, Thomas de Heton, Roger de Prestwyk, Richard son of Augustine, Peter le Serjaunt and Richard le Serjaunt re a dyke [fossata] destroyed in Pilkinton.
Plaintiff says that his father and his ancestors always put up a dyke in the place where he had erected it, to protect the grass. Verdict, that the dyke was part in Prestewyk and part in Pynkelton, and that Adam wrongly destroyed the part in Pylkinton. Judgment accordingly, that part of the dyke in Pylkington to be re-erected at Adam's cost, and plaintiff fined for false claim as to the other part.
The Abbot claims entry through Geoffrey and denies the charge. Geoffrey says that one Gilbert de Barton, at one time lord of that vill, held the wood in his separate demesne, so that no one could claim common, and Gilbert enfeoffed Geoffrey who enclosed with a hedge 30 acres out of the 100 acres of the said wood, which is separate from the rest. Verdict for defendants, with Judgment.
Novel disseisin—Ralph de Mitton v. Adam de Hoghton, Adam his son, Richard son of Adam, John son of Adam, Peter le Clerk, William de Brockol, Simon de Wadinton, Elyas son of Richard, Henry son of John de Blakeburne, John de Caton, Henry de Stubbeheued, William son of Gunilda, Adam de Feinycholes, Richard de Soureby, Walter de Myreskou and John de Halton re a messuage, a water mill, 27 acres of land, 3 acres of meadow, 9s. rent, &c., and common of pasture in a third part of 1,000 acres of moor and wood in Gosenarch.
Adam de Hoghton, for defendants, says that he claims only under a lease for years from one Alan de Catherton to whom Ralph de Mitton demised the premises for 27 years of which 22 are yet to come, and Alan died after the lease was made. Ralph says that after the death of Alan he was in seisin for 8 days, till turned out by defendants. Put back for lack of jurors to the Octave of S. Michael, and the Sheriff is ordered to cause to attend so many and such as well Knights as other free and loyal men at that term, to make the said assize.
Novel disseisin—Roger de Snele and Juliana his wife v. William de Chatherton, Ladarena his wife, William Dybald, Richard son of Robert and Richard son of John de Elhale re a plot 9 perches long and the fourth part of a perch broad in one place, and a plot 1½ perch long and 1 perch broad in another place, in a certain messuage in Elhale.
William de Catherton says that he is seised of the first plot as of the inheritance of Ladarena his wife, sister of Juliana, and that it was assigned to Ladarena as her inheritance from her father and he enclosed it with a hedge. As to the second plot, he and Ladarena sued Roger de Slene and Juliana his wife before Gwychard de Charrun and William de Northburg at Wytinton, by writ of Novel disseisin, for a messuage, 40 acres of land, and 3 acres of meadow, and Roger and Juliana conceded that the said plot should be a joint road as an easement for each party, with free exit and ingress.
Gilbert says that Hennetherne is neither a vill nor a town, but a hamlet of Mitton, and claims Judgment; and he says that one Richard father of the said Jordan once gave certain lands to one Elyas in marriage with one Agnes his daughter, together with the tenement, when it fell in, which one Agnes grandmother of Jordan held in dower; and Elyas and Agnes his wife enfeoffed Robert de Swynlington in the said tenements.
Verdict to that effect, and that Agnes answered to Robert for the services belonging to her said dower, and after her death came one Henry de Hennethyrne and put himself in possession in the name of Jordan; which hearing, one Hugh bailiff of Robert went with the said Gilbert and ejected Henry and took possession of the tenement which should fall to Robert his lord on the death of Agnes. Judgment for defendants: the plaintiff excused fine by the Justices.
Novel disseisin—Robert de Huntigdene v. Richard Wulnesbothe, John le Surreys, Hugh le Clerk, Beatrix who was wife of Roger de Huntingdon, Robert her son and Henry de Blakeburn re a messuage and 16 acres in Dutton.
Verdict, that one Robert de Huntindene gave to one Roger de Huntigdene his son a moiety of the said tenement to hold of him; and afterwards Roger died, and the said Robert, staying at the Abbey of Seleby and hearing of his son's death, went to Dutton and had him buried, and after the funeral entered upon the said tenement; and the same day after dinner the defendants, Henry excepted, ejected Robert from the said tenement. Judgment for plaintiff for a moiety of the said messuage and 16 acres, against all but Henry de Blakeburn. Damages 12d.
Nuisance—Peter de Burnhull v. Adam de Hoighton, John his son, William le Clerk of Singilton, Henry son of Gunild, John le Feuer, William del Holm, Adam de Byseleye and Robert de Modewale re destruction of a fence in Burnhull set up to protect plaintiff's corn and meadow from cattle &c.
Defendants say, as to the fence, that Adam's men destroyed it and that it was not on plaintiff's land; as to the dyke, Adam sued Peter before the Justices last in Eyre for 40 acres of land and he recovered the said land and the dyke was thereon—on Adam's own land; and when Adam saw it had been made he had it pulled down; and Peter admits that Adam recovered 40 acres and 20 acres of wood but not the land wherein the dyke was.
Verdict, that Peter set up a hedge and dyke within the bounds of Burnil, and Henry son of Gunild, without the knowledge of Adam his lord, destroyed the fence, and Adam when it came to his notice approved; and the dyke was destroyed by Adam, John his son, William Clerk and Adam de Byssley. Judgment, the fence to be set up again at Henry's expense, and the dyke at the charge of Adam, John, William and Adam. Damages for fence and dyke, 12d.
Alexander, the father, says that one Gilbert de Barton, lord of the vill of Barton, enfeoffed him of the said 15 acres and put him in seisin; Gilbert is now dead. Plaintiff says that Gilbert enfeoffed him of certain lands in Barton for which he claims the common of pasture, as Gilbert never prevented him from commoning there. Verdict, that John de Bromyhurst had common in the 15 acres of waste belonging to Gilbert of which Gilbert enfeoffed Alexander, who enclosed them with a hedge and reduced them to culture. Judgment for plaintiff. Damages 40d.
Defendants say that the tenement is the freehold of Henry de Lascy, Earl of Lincoln; on this comes Gilbert de Clifton the Earl's steward, and says his lord was seised by surrender from plaintiff, and he is quite willing to have an enquiry. Robert denies the surrender. Verdict, that plaintiff surrendered the tenement in full court to one Peter de Santon the Earl's steward, etc. Judgment for defendants.
Novel disseisin—Same v. same Earl, Reginald de Grenehirst, George his brother, Alexander de Elton and Richard his brother re a tenement in Byry. The jury to view the said tenements on the morrow of S. Matthew the Apostle [22nd September].
Roger says that he entered as brother and heir of one Robert his brother, deceased, who died seised. Henry says he was seised until Roger ejected him. Later, put back to the Octave of S. Michael, here, at plaintiff's request.