Jan. 25.
Westminster. |
To the justices appointed to hold pleas before the king. Order,
upon petition of John de Knyghtley, by advice of the justices,
serjeants at law and others of the council learned in the law, to
proceed to rendering of judgment in the cause hereinafter mentioned, the express words of the king's former writ notwithstanding;
as upon petition of the said John, shewing that on 22 June 12
Richard II by a mainprise the late king granted to John de
Harleston, Thomas de Overton clerks and John Bouet the ward
of all the lands of Thomas de Cherlton deceased, then in the
king's hand by his death and by reason of the nonage of his heir,
and the marriage of the heir, covenanting that if that heir should
die before he came of age and not by them married, and his heir
should be within age, they should have the ward of those lands
and the marriage of such heir, and so from heir to heir until one
should come of age and they should obtain his marriage, paying
to that king 50l. at Michaelmas then next and finding the heir
his maintenance, that by inquisition taken before William
Huggeforde the late king's escheator in Salop it was after found
that Thomas de Cherlton of Appeley at his death held the manors
of Hagurcote, Aston Eir and Wythiford, and a messuage and one
virgate of land in Aldenham, that the manor of Hagurcote was
held in chief by knight service, the other manors etc. of other lords,
that he died 6 October 11 Richard II, that Thomas his son, then
aged twelve years and upwards, was his next heir, that the said
John de Harleston and the others occupied the said manors etc.,
taking the issues and profits until 15 February 12 Richard II,
when they sold the wardship and the marriage of the heir to the
petitioner, that long before his death Thomas de Cherlton granted
the manor of Appeley, a fourth part of the manor of Preston upon
Wildemore, four messuages, one toft, 60 acres of land and 10
acres of meadow in Welynton, a messuage and one virgate of land
in Whapeneshale, a messuage and one virgate of land in Kynle
and a messuage and one carucate of land in Haloghton and Trilwardyn to John atte Wode knight for life, and to his executors
for one year longer, with reversion to the grantor and his heirs,
that John atte Wode died 20 November 15 Richard II, and that by
letters patent of 8 February 15 Richard II the late king granted
to John Knyghtley the younger the reversion of the wardship
of all the said lands in Appeley etc., by name of all lands in
Appeley, Welynton, Preston upon Wildemore, Whapeneshale,
Kynle, Haloghton and Trilwardyn then held by the executors
of John atte Wode for one year after his death, until the lawful
age of Thomas the son, and if he should die etc. (as above), and
shewing that by another inquisition, taken before William
Banastour late escheator, it was after found that the manors of
Hagurcote, Aston Eir and Wythiforde, the said messuage and
land in Aldenham, the manor of Appeleye and all the said lands
in Preston, Welynton, Whapeneshale, Kynle, Haloghton and
Trilwardyn came to the late king's hands by the death of Thomas
de Cherlton and by reason of the nonage of Thomas his son and
heir, and were then in the king's hands in ward of John Knyghtley,
that Thomas the son died 31 January 22 Richard II, that at the
time of his death Ellen one of his sisters and Thomas son of Anne
his other sister were his next heirs, that the said Ellen, then aged
twelve years, died without issue on Saturday after St. Peter and
St. Paul 2 Henry IV, and that the said Thomas son of Anne is
next heir of her and of Thomas the son, and of the age of five
years, and shewing that by letters patent the king granted to
Robert Fraunceys his knight without rendering aught to the
king the ward of all lands etc. of Thomas the son and Ellen
which came to the king's hands by their deaths and by reason of
the nonage of Thomas son of William de Knyghtley their cousin
and heir, shewing that Thomas de Cherlton named in the late
king's letters and Thomas de Cherlton of Appeley in the said
inquisitions are one and the same, that by reason of the sale
of the said wardship to him made by John de Harleston and the
others, and of the late king's grant to him by name of John
knyghtleye the younger, the petitioner was long in possession
of the ward of a moiety of the said lands, and continued his possession thereof no small time, but that although in the mean time he
took the issues and profits of that moiety arising, by colour of the
grant to the said Robert he was by him prevented from taking the
same as he ought, and was unlawfully wearied with various
travails and expenses for preservation of his right, the king ordered
the sheriff to give the said Robert notice to be in chancery in the
quinzaine of St. Hilary last in order to shew cause wherefore the
grant to him ought not to be revoked in regard to the said moiety,
and wherefore the petitioner ought not to continue his possession
thereof; and in the quinzaine of Easter following that cause was
sent for debate before the king, and John Knyghtley came at
Westminster in person, and the said Robert by John Whatton his
attorney, and alleged that the king granted him that moiety by
name of the ward of all the lands of the said Thomas the son and
Ellen, and that he was tenant thereof by grant of the king, and
without aid of the king might not answer, wherefore the justices
deferred to proceed, and the king commanded them to proceed
that allegation notwithstanding, so that they should not proceed to
rendering of judgment without advising him; and now the
cause has proceeded to judgment, but by reason of the express
prohibition last recited the justices have deferred to render
judgment. |
