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, 1265. Divers Counties.
12 Edward I.
Assizes [taken] at Lancastre before John de Reygate and Geoffrey Aguyllun Justices Assigned on the morrow of the Close of Easter in the Twelfth year of the reign of King Edward [17 April 1284]. Reygate.
During the interval of five and a half years between this Roll and Assize Roll 1238, Assizes were taken in Lancashire by Geoffrey Aguyllun and Alan de Walkingham; yet, beyond occasional references (see pp. 174 and 200), there is now no record of their work. On the death of Alan de Walkingham the following commission was issued:—
1283–4. January 12. York. Appointment of John de Reigate and Geoffrey Aguyllun to take all Assizes Certifications and Attaints arraigned before the said Geoffrey and Alan de Walkyngham (and which have not yet been taken by reason of the death of the said Alan) in the counties of York, Lancaster, Northumberland, Cumberland and Westmorland. Patent Roll, 12 Edward I., m. 19 dorso.
Reigate and Aguyllun commenced their first session at York on 3 February 1283–4, from which date until the autumn of 1285 a record of their work is preserved in this and the following Assize Roll (1265 and 1268).
Margery has elsewhere called to warrant the Prior of the Hospital of S. John of Jerusalem in England, who now appears by his bailiff and asks that it be shown to him by what he ought to warrant; and Margery shows nothing by which the Prior should warrant, and asks that she may withdraw from the warranty and answer to the Assize, which is conceded: and she says that Hugh purchased the tenement from Juliana and gave it to her (Margery). Verdict that Juliana died seised and Richard is her heir. Judgment for plaintiff. Margery pardoned, being poor. Damages 4s., nothing to the Clerks. (fn. 1)
Ranulph says that John de Caton enfeoffed him; and John says that John son of Simon and William have no freehold to which common of pasture belongs, and he as chief lord pleads the Statute of Merton: and 6 acres were approved by one [blank] his father. The plaintiffs say that the Statute of Merton should not apply, for at the last Eyre of Peter de Cestrie and his fellow Justices in Eyre in that County on the Morrow of the Purification of the Blessed Virgin Mary in the year of Grace MCCLXXI [3rd February 1271–2] it was agreed between Alan de Useflet, Gilbert le Serjaunt, William le Breuster Elyas de Harkelbeck, John de Gilberdholm, Richard Fuller, Adam de Appeltrethwayt, Adam his son, John son of Gilbert, John de Hoton, Robert de Hydeschawe, William de Moreplatte, Thomas son of Robert, Gilbert le Monner, Robert le fiz Essoll, John son of Simon, William Spurman, Thomas del Wra, Robert son of Robert de Kibbelesdale and all other the freeholders of that vill, on the one part, and John Gernette of Caton defendant, on the other part, as to a fence set up in Caton by John to the hurt of all the said plaintiffs, that the said John should at once demolish the fence: and John agreed never to set up a fence nor to extend nor to make any approvement of the said waste in Caton to the hurt etc. And the said Alan and others gave the said John 6 marks [the rest torn].
Novel disseisin—John de Kyrkeby v. Roger de Lancastre, Simon le Tayllur, Beatrix his wife, Adam de Gwype, Adam de Martindale, Richard son of Peter, Adam son of Peter, Alan de Cockanscales, William Chaumpeneys, Robert de Sulbythwayt and Robert de Martindal re 90 acres of wood and 120 acres of moor and moss in Kyrkebyirelyth.
Defendants say that the tenement claimed is in Uluerston; if not, that it belonged to Marmaduke de Thweng and Walter de Faucunbergh who enfeoffed Roger. Adjourned to the Octave of S. Michael at Clyderhowe [6 October 1284], as the jurors have not made a view.
Jordan says that, of the said tenement, he only holds a messuage, 2 oxgangs and 14 acres; as to the 14 acres, Margery was never in seisin, and as to the rest, one William de Sonky grandfather of Margery, his heir, held them of him by Knight's Service; and Jordan only claims custody during the minority of Margery. Margery, by Robert de Hyndeley her guardian, she being under age, says that Jordan cannot claim, for he granted the tenement to her grandfather William for ever, at an annual rent of 3s. at the Nativity B.V.M. for all secular services, exactions and demands; and Jordan bound himself and his heirs to acquit and defend the said William and his heirs from all foreign services and suit of the Court of Neuton for that and all the other tenements which William father of Jordan gave to the said William de Sonky; and she produces the charter.
Jordan admits the charter, but says it should not affect the service which has been done ever since the grant by William de Sonky the grandfather, who did foreign service for the said 2 oxgangs, where 9½ carucates make one Knight's Fee. An enquiry ordered; as Margery is under age and cannot put herself on any inquisition, it is provided that the enquiry proceed ex officio curiæ.
Verdict, that John enfeoffed William de Sonky of the said tenement by the charter aforesaid to hold of John at a rent of 3s. for all services, and that Jordan was never in seisin of any foreign services for the said tenement after the making of the charter: and Margery entered upon the tenement at her grandfather's death and was in seisin for eight days and more until Jordan disseised her. Judgment for plaintiff. Damages 5s. 2d. to the Clerks.
Novel disseisin—Roger Trauers v. Benedict Gernet, John Gernet, Henry de la Ruddegate, Adam de Fennay, John le Prechur, William le Low, Ralph del Hospital, Alan de Halsale, Adam de Hyton, John son of Emma, Roger Trebuche, Richard de Whystan, Roger son of Henry de Ruddegate, Henry his brother, Henry Smith and Richard de Wodeheued re the manor of Whystan, except one water mill.
Benedict says that he claims as lord: Alan, for the other defandants, says that the manor belonged to one Richard father of Henry de la Ruddegate who died seised. Plaintiff says that 8 days and more before the death of Richard the said Richard enfeoffed him. Verdict, that Richard enfeoffed Roger on a certain Thursday and Roger was seised till the Monday next after, on which day Richard died. Judgment for plaintiff against all the defendants except Benedict Gernet, Richard de Whystan and Richard de Wodehoued—the others to gaol. Damages 14s. 10d., nothing to the Clerks.
Novel disseisin—Cecily daughter of William Bussell of Eukeston v. William son of Robert Bussell of Laylond, John de Farington, Robert son of Hugh Kay and Adam de Hoton re a messuage and 14 acres in Laylond.
Novel disseisin—Richard de Ormeston v. Jordan de Haylton, Hugh de Flixeton, William de Valantyn, Richard his brother, John son of Hawise, William son of Thomas, Ranulph de Flixton and Hugh son of Amaria re 10 acres of turbary in Ormeston.
William de Valantyn alone appears. The others were attached; Jordan by John son of Hawise de Flixeton and William de Flixeton; Hugh by William son of Thomas de Flixeton and William Paternet of Flixton; and the Assize proceeds against them by default. William says the tenement is in Flixton not in Ormeston. Verdict for Plaintiff, with Judgment. Damages 11s. 6d., nothing to the Clerks.
Mort d Ancestor—Robert son of Adam de Clyuacher in right of Adam Atteyate de Clyuacher his father v. Agnes daughter of Matilda de Clyuacher, Richard le Feure of Clyuacher, and Matilda his wife re a messuage and the moiety of 1 oxgang in Clyuacher.
Richard and Matilda say that they hold a third part of the tenement of the inheritance of Agnes, whom they call to warrant. She is present and warrants to them and answers for the whole; and she is seised of the said tenement as in her right and inheritance by hereditary descent: and she is under age. Agnes is seen in Court and is under age. Case to stand over till she be of age.
Defendants absent; William Leuedyloue attached by Roger Dydy and John de la More; William le Serjaunt not attached, not having been found. Verdict for plaintiff in each case with Judgment. Damages 40d. C. Pardoned fine, being poor.
Roger de Lancastre puts in his place John le Fraunceys or Absolon le Fraunceys v. John de Kyrkeby, in Assize of Novel disseisin; and v. William de Wyresdale, in Assize of Novel disseisin; and v. the Prior of Wartre, in Assize of Novel disseisin (Jury of 24); and v. William de Wynderu in Assize of Novel disseisin (Jury of 24).
Essoins for absence (de malo veniendi) taken at Lancastre before John de Reygate and Geoffrey Aguyllun on the morrow of the Close of Easter in the twelfth year of the reign of King Edward [17 April 1284].
William Fraunceys of Preston v. Geoffrey son of Richard de Cotum, in Assize of Mort d'Ancestor, by Richard Russell: to Octave of S. Michael at Clyderowe. Affered. Let the Assize be proclaimed. And the same day is given for the jurors, etc. New.
Richard son of Mirra whom [erased] Roger son of Adam de Preston and Robert son of Adam de Preston called to warrant [erased] v. Richard le Feure del Wra son of Henry Faber of Ryggeby [erased], in Assize of Mort d'Ancestor, by William le Webbster: to same date; and the same day is given to the jury (recognitores) and also to the same Richard in Banco [erased]. Affered. Old.
Emma wife of Master Thomas de Lancastre v. John de Bleghan and Sigred his wife, in Assize of Mort d'Ancestor, by Gervase Scal: to same date; and the same day is given to the jury and likewise to the said Thomas in Banco. Affered. Old.
Roger de Penhilbyry that is in the King's Service, whom Alice daughter of William de Eccles calls to warrant v. Matilda daughter of Elyas de Penhilbyry, in Assize of Mort d'Ancestor, by Hugh de Hulton: to same date.
Henry de Chernock v. William de Schuruyngton, in Assize of Mort d'Ancestor, whence Jury of 24, by Adam Gled: to same date. Henry (Adam) de Heppewyk in the same, by Adam son of Roger [erased]. Affered. New.
Assizes taken at Clyderhowe in The County of Lancastre on the Octave of S. Michael in the twelfth year of the reign of King Edward [6 October 1284], [before John de Reygate and Geoffrey Aguyllun, Justices assigned.]
Defendant says he only holds 10 acres, and asks Judgment; further, that Geoffrey did not die seised, for long before his death he enfeoffed one Henry son of Wenne. Richard and Aldusa say that Henry has held the whole tenement since 6 August in the 10th year of the present King  and Geoffrey never enfeoffed Henry son of Wenne. Verdict for defendant, with Judgment.
Novel disseisin—Henry son of Alan de Eltonheued v. Robert le Noreys of Burtonheued, Gilbert le Noreys of Sutton, Margery his daughter, Robert de Sutton, Henry son of Henry de Par, Henry le Feure and Richard de Knouseley re a fourth part of 30 acres of moor and 50 acres of wood in Sutton.
Mort d' Ancestor.—John son of Amice de Baldele (a minor), in right of his father Oto de Balegheyley v. Robert Chyry and Hawise his wife (as to 18d.), Emma, who was wife of William le Prestson (as to 18d.), Matilda who was wife of Gamel (as to 6d.), Richard son of Swayn (as to 4d), William son of Robert le Keu (as to 13d.), Richard Playndeamurs (as to 1d.), Robert son of Thomas de la More (as to 6d), Geoffrey de Bradehull (as to 12d.), Robert son of Siluestre (as to 12d.), Thomas de Bradehyrst and Agnes his wife (as to 12d.) and Jordan son of Jordan (as to 6d) re 9s. 3d. rent in Acton.
Emma, Matilda and Richard Pleandamurs come not, and elsewhere there was an essoin of absence, viz. at Lancastre on the Morrow of the Close of Easter last and a day was given here; so Judgment by default. Verdict for plaintiff against Robert, Hawise, Emma, Matilda, Richard son of Swayn, Robert son of Siluestre, Thomas and Agnes only: Judgment accordingly. Plaintiff excused fine for false claim, being under age. Damages 20s. Nothing to the Clerks.
Defendant on the Morrow of All Souls anno 10 [3 November 1281] called to warrant Roger de Pennylbyry, who now comes and warrants the tenement to Alice, and asks leave to surrender it to Matilda. Judgment for plaintiff, and Alice to have of the land of Roger to an equal extent; and Roger is fined.
Defendant says that Ellen held of him a messuage and 7 acres which she granted to him. Plaintiff says that Alexander seized the tenement while she was under age and in his ward. Put back to a month from Easter, as the jurors have not made a view; and the writ etc.
Novel disseisin—Cecily de Latun v. Richard de Kulchith, Gilbert his son, Robert de Ryselegh, Ellen his wife, Adam de Hyndley, Margery his daughter, Thomas de Hulecroft, Jennet his wife, Richard son of Thurstan, Walter le hom Thomae, Roger Brodew of Croft, Adam Godlowe, Ranulph de Croft, Henry de Howes, John son of Gilbert, Robert son of William de Kenyan, Hugh son of John de Heydock, John de Rachedale, Simon le fiz Brun, William de Barton, Augustine Attewode, Richard de Shawe. William Pore and Richard le Harpur re the third part of a toft, 50 acres of wood and 59 acres of moor, in Culchith.
The eight first named defendants appear; the rest come not, nor were they attached, so the case proceeds in default. Richard says that he holds the toft and 30 acres of the wood in right of his son Gilbert, whose inheritance it is, and that he entered upon the third part of the toft by the concession and will of Cecily; and, as to the 30 acres of wood, that Cecily holds land to the value of her third part, at a place called le Rygges. Robert and Ellen say they hold 20 acres of wood by grant (produced) from Cecily; Adam and Margery hold 20 acres of moor and pay 30s. rent yearly for the third part and other tenements they hold by grant from Cecily; and Thomas and Jennet similarly hold the rest at a rent of 26s. Verdict for defendants; and further that Richard and Gilbert have set up a fence to the hurt of Cecily. Judgment accordingly, and the fence to be demolished at cost of Richard and Gilbert. Cecily to gaol. Damages 2s. [A very long case, partly damaged by damp and torn.]
Defendant denies that he holds the land; but, if it be found that he does, then that it once belonged to Hugh Godard, then chief lord of Charnock, who enclosed it under the Statute of Merton. Verdict for defendant, with Judgment.
Novel disseisin—Richard de Urmeston v. Adam de Hulme, Alexander de Hulme, John son of Wymarca, Elyas Monnyng, John his brother, Richard son of Margery and Adam son of Roger re 8 acres of moor and turbary in Urmeston.
Defendants say that the tenement is in Barton, and one Robert de Grelley died seised, after whose death the King's escheator seized all his lands for the King by reason of the minority of Thomas son and heir of the said Robert. Verdict, that the defendants, and not the King, hold the tenement, and that it is in Ormeston, so for plaintiff with Judgment. Damages 12d. [erased] ½ mark.
Mort d' Ancestor—Richard Maunsell of Heton, in right of his brother Henry de Wygan v. Richard son of Emma de Margerhale (as to two parts) and Gilbert . . . and Emma his wife (as to one part) re 2 messuages, a mill, 33s. 4d. rent and 2 parts of 5s. rent and of 6 oxgangs and 30 acres of land, 80 acres of wood and 40 acres of marsh in Ines, and Aspol near Wygan.
Gilbert and Emma call Richard son of Emma and heir of Henry to warrant the said third part as her dower. Plaintiff says they cannot do this for Richard was born before the marriage between Henry and the said Emma was celebrated, so is not heir of Henry, but is according to law and custom of the realm a bastard. Put back to a month from Easter [22 April 1285] at Lancastre that the Justices may be made more sure thereof. Later adjourned to the morrow of S. Matthew [22 Sept. 1285] at Whyttyngton to hear Judgment. Later adjourned to the octave of S. Michael [6 October 1285] at Clyderowe.
Adam son of Robert de Reued; John Stel; Mabel his wife; Adam son of Ralph; Avice his wife; Richard de Skipton; Agnes who was wife of Walter son of Ralph; Adam son of William Gawell; Agnes who was wife of William Gawell; Thomas le Tayllur of Clyderhowe; Alan son of Hugh; John son of Hugh; Richard son of Robert de Merlay; Walter son of Roger; John Bonde; John de Hely; Richard son of Alan de Capelcroft; all in the same.
John son of John, in the same, by Simon Cor; Agnes his wife; Adam son of Thomas son of Roger; Richard son of [torn] son of Ralph; [four names torn]; Roger son of [torn]; Michael de Legh; William son of John le Clerk; all in the same [Assize of Mort d'Ancestor]: to one month from Easter at Lancastre. Affered.
Richard son of Gryffin [erased] le Prouost v. Henry son of Matthew de Shelfe and Matilda his wife, in Assize of Mort d'Ancestor, by John Tempest. Laurence de Knol, in the same, by Richard Parc. Richard son of the said Richard in the same.
Margery daughter of William son of William de Sonkey v. Jordan de Kenyan, in Assize of Novel disseisin, Jury of 24, by William Turpyn: to same date at Lancastre. Affered. The 12 and 24 exacted. The same day given etc.
Nicholas de Soureby, plaintiff, v. Alice la Botyller, Simon de Hole, Robert Russel, Roger Derling, John his son and William Verner, in Assize of Mort d'Ancestor, by Roger Cuc: to one month from Easter at Lancastre. Affered. Old.
Simon son of Henry de Hamelton (he has a wife Alice) v. John son of William de Hamelton, Alice late wife of William de Hamelton and Geoffrey son of Richard le Botiller, in Assize of Novel disseisin, by Hugh de Soleby: to one month etc. Affered.
Henry de le Stubbilheued v. Christiana daughter of Henry le Wodeford de Preston, in Assize of Mort d'Ancestor, by Thomas de Boulton—to a month from Easter at Lancastre, Ellen his wife, by William de Grymeston. Assize exacted. Affered. Old.
John son of Ranulph de Fennycotes v. Henry son of Matthew de Schelf and Matilda his wife, in Assize of Mort d'Ancestor, by William Gris: Matilda wife of the said John, by Walter Prat: Richard le Provost, by Hugh Fox: Richard his son, by Nicholas Gos: to one month from Easter at Lancastre. Affered.
Novel disseisin—Richard son of Jordan de Sonky v. the Prior of the Hospital of S. John of Jerusalem in England, Brother Richard Profete, Thomas Banastre, William Flothard, Adam Shuroynger and Simon de Northal re a toft and 6 acres in Northal.
Simon de Northal and Thomas alone come: the others were not attached, as the Sheriff testifies they were not found; so the Assize is taken against them in default. Simon says that another case is proceeding elsewhere in respect of the same premises. Verdict that Richard was never in seisin and Judgment for defendants.