Plea Rolls for Staffordshire
3 Edward I

Sponsor

Institute of Historical Research

Publication

Author

Major-General Hon. G. Wrottesley (editor)

Year published

1885

Pages

66-72

Citation Show another format:

'Plea Rolls for Staffordshire: 3 Edward I', Staffordshire Historical Collections, vol. 6 part 1 (1885), pp. 66-72. URL: http://www.british-history.ac.uk/report.aspx?compid=52422 Date accessed: 22 August 2014.


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Banco Roll, Hillary Term, 3 E. I.

Staff. An assize of last presentation to the Church of Patingham, the advowson of which the Prior of Landa claimed against Ralph son of Ralph Basset de Drayton.

A concord was made by which Ralph conceded the advowson to be the right of the Prior. m. 1.

Staff. Agnes the widow of Thomas Arnet recovers dower against Alexander de Tunstall and William de la Chambre out of their tenements in Tunstall. m. 5.

Staff. Thomas de Mere not appearing to prosecute his suit against Thomas de Halton for an illegal distress, the suit is dismissed. m. 17.

Staff. Paul de Billebrok and seventeen others named sued Thedisius de Canville Dean of Wolverhampton for taking their cattle illegally in the high road of Wolverhampton in 2 E. I.

The Dean stated by his attorney that the plaintiffs were customary tenants of his Chapel of Wolverhampton, and with the other tenants owed 100s. for tallage every year at Michaelmas; and from the same tenants likewise at the time of pannage was due every year their best pig (meliorem porcum), and that for the last year and a half Paul and the other plaintiffs had refused to render their tallage or pigs. A jury to be summoned for Easter. m. 31.

Staff. Hamon son of William de Albaldeston (Adbaston) sued Jordan de Peulesdon for a messuage and forty-five acres of land in Albaldeston. Jordan made default, and the tenement is to be taken into the King's hands. m. 9, dorso.

Coram Rege Roll, Easter Term, 3 E. I.

Staff. Alice de Bellocampo appeared by attorney against Henry de Audydelegh and William de Leveringsete in a plea that whereas she had a writ addressed to Roger de Clifford, the King's Eschaetor, commanding them to deliver to her all the goods and chattels of the said Alice at the manor of Blore, which is in her custody, the said Henry had removed them to the value of £100, to her great damage, and to the manifest contempt of the King, etc. The defendants did not appear, and the Sheriff is ordered to distrain, and to produce them at Trinity Term. m. 49.

Hybern. The King sent to his Justiciary or Eschaetor of Ireland, that whereas in the partition of the lands of Walter Earl Marshall Sibilla the widow of William de Ferrars Earl of Derbye, one of the sisters and heirs of the said William (sic), had been assigned the manor of Thachmonun (Tachmelin) in co. Weseford, and which had been assigned afterwards to Agatha de Mortimer the daughter of the said Sibilla, as her purparty of the inheritance of Sibilla her mother, William de Valence and Joan his wife had occupied the forest of the said manor, etc., against the tenor of the said partition, etc. William and Joan appeared by attorney and stated they had not occupied the forest, but a certain John de Montecaniso, brother of the said Joan, whose heir she is, died seised of the said forest, and she had entered as heir to her brother. (fn. 1) m. 50, dorso.

Banco Roll, Easter, 3 E. I.

Warw. Nicholas le Archer sued Margaret la Ruse (fn. 2) of Caldecote for a messuage and two carucates of land excepting one virgate in Caldecote, in which Margaret had no entry except through William le Rus, who had unjustly disseised William le Archer his grandfather, whose heir he is. Margaret appeared and stated she held the land in purparty with one Enycina her sister, without whom she could not answer to the Plea. Enycina to be summoned for Trinity Term; the summons to be made returnable in co. Stafford. m. 7.

Staff. Agnes the widow of Pagan de Penne sued William Waryn, Thomas de Migihall and Petronilla his wife, for a third of a messuage and twelve acres of land in Little Penne as her dower. The defendants did not appear, and the land claimed is to be taken into the King's hands. m. 19.

Staff. Richard de Twysel sued William de Calverhale for a messuage and twenty acres in Thicnes (Thickness), and also sued Ela the widow of James de Aldethelegh for one-third of two messuages and two bovates of land in Baldriglegh (Balterley). The defendants did not appear, and the land is to be taken into the King's hands. m. 49.

Staff. Writ of fieri facias to the Sheriff to raise six marks out of the lands and chattels of Henry de St. Maur in Felde, in satisfaction of a debt he had acknowledged to owe to Geoffrey de Langford. m. 49, dorso.

Staff. Agnes the widow of John de Wytemor sued Stephen de Swinnerton for a third of a messuage and two bovates of land in Cherleston (Chorlton), and Roger le Burgilon for a third of a messuage and ten acres of land in Wytemor (Whitmore) as her dower. The defendants prayed a view, and the suit is adjourned to Trinity Term. m. 27.

Staff. The suit which Thomas de Mere brought against John de Baskerville is dismissed, Thomas not appearing to prosecute it. m. 24, dorso.

Salop. Christiana the widow of Richard de Cheyney recovers her dower (viz., a third part of a virgate of land in Langeleye) against Robert son of William de Staundon, called to warranty by Nicholas Aldriche. m. 21, dorso.

Banco Roll, Trinity, 3 E. I.

Salop. Adam de Brumpton sued Richard de Holdweye, Richard Hamoun, and three other tenants for carrying away his hay out of his park in Langeford (Longford). The defendants appeared and stated that the park is a common pasture, belonging to the whole vill of Langeford, and Adam wished to approve it. Adam denied it had ever been a common pasture, and appealed to a jury. The Sheriff is ordered to summon a jury, and to return their inquisition into court on the morrow of All Souls, two of the jury to attend at the same time. m. 2.

Warw. Emecina the sister of Margaret la Russe did not appear to her summons in the suit of Nicholas le Archer versus Margaret la Russe, respecting land in Caldecote, and the Sheriff returned she held nothing in co. Warwick, and it was testified she held lands in Nottinghamshire. The Sheriff of Notts is therefore commanded to summon her for the Octaves of Michaelmas. m. 70.

Staff. Alice daughter of Isolda Dunkes and Matilda her sister sue the Prior of Ware and Henry de Covene for a messuage and a virgate of land in Eneston (Enston). The defendants did not appear, and the tenement is to be taken into the King's hands. m. 58, dorso.

Staff. Julia the widow of Roger de Herteshorn sued Avice the widow of Robert Brun for thirteen acres in Cotene. Avice called to warranty Johel le Carpenter, who appeared and called to warranty Ralph son of Ralph le Carter, who is under age, because he held the charter of John son of Elyas, the grandfather of the said Ralph, whose heir he is. Suit respited till Ralph is of age. m. 31, dorso.

Warw. Suit of Abbot of Burton versus Thomas de Clynton respecting the advowson of Aldeulvestre (Austrey) concluded by a verdict in favour of the Abbot. m. 25 dorso.

Pleas taken at Wycumb before the King at a month from St. John the Baptist, 3, E. I. [22nd July, 1275.]

Oxon. An assize, etc., if Roger Bishop of Coventry and Lychfeld, and Urian de St. Pierre and Margaret his wife had unjustly disseised William le Poure of his free tenement in Tackele, viz., of a messuage and a carucate of land.

The jury say that William had demised the tenement to the Bishop as security for a loan of 50 marks which the Bishop had paid to acquit him in judaismo, and that the Bishop had had seisin for three years, and the tenement was worth £20 yearly, and he had enfeoffed the said Urian and Margaret, and thus disinherited the said William of his lands. Urian and Margaret afterwards remit their claim, and the Bishop, who had been called to warranty by them, granted to them twenty librates of land in La Hyde and Brewode, and if the said value cannot be made up there then in other places in co. Stafford. m. 4.

Derb. Margaret the wife of Robert de Akore (Okeover) of Deneston, acknowledged the validity of a deed of gift which her husband Robert had made to Robert his son of the manor of Brochton in co. Derby, which is of the inheritance of the said Margaret. m. 8.

Coram Rege Roll, Trinity Term, 3 E. I.

Salop and Staff. Richard de London appeared against Philip de Arcy, John Devereus, Vivian de Standon, Hugh de Dutton, Walter Devereus, John Pauncefot, Robert de Somerville, William Fraunceys, William de Mortymer, Nicholas de Huggeford, and thirty-seven others named, for beating and illtreating and imprisoning him at Thirlegh (Tirley), vi et armis, and for which he claimed £20 as damages. None of the defendants appear, and the Sheriff is ordered to distrain them, and produce them at Michaelmas Term. m. 2.

Staff. In the suit of Alice de Beauchamp versus Henry de Audley respecting the detention of the chattels of Alice belonging to her manor of Blore, Henry appeared and denied he had taken any chattels from the manor whilst it was in the custody of the said Alice, nor yet whilst it was in the hands of the King, and appealed to a jury. The Sheriff was ordered to send a jury for the morrow of All Souls, nisi prius, etc. m. 13, dorso.

Coram Rege Roll, Michaelmas, 3 E. I.

Staff. William de Kavereswell was attached to answer the complaint of William de Lee that he had insulted and imprisoned him vi et armis, and had detained him by force until he had paid a fine of 40s. for his release. William de Kavereswell appeared and denied he had done him any injury, and appealed to a jury. The Sheriff is ordered to assemble a jury, and return their verdict into court at Hillary term. m. 8.

Staff. Ralph de Gretton sued Henry de Audedelega, who was called to warranty by the Abbot of Hulton, and warranted to him fifteen bovates of land in Mixene (Mixon). Henry appeared by attorney, and called to warranty Richard son of William de Harecort, and Thomas fitz Eustace, the heirs of Thomas de Blanmuster and Margaret his wife, and who are under age, and he produced a charter of the said Thomas which testified that the said Thomas with the consent of his wife Margaret had given the said tenements to one Henry de Aldydelegh. The suit to remain till full age of heirs. m. 29.

Staff. The Sheriff was ordered to return the reason why he had taken into the King's hands the Hundred of Offelawe, which William (de) Parles held by concession of King Henry the father of the present King, and he stated that William was disobedient (inobediens) and rebellious to the Sheriff's precepts, so that the King's commands could not be carried out; and that he had also appropriated to himself the perquisites of view of frankpledge and the Sheriff's tourn, which were worth 100s. annually, to the injury and loss of the King.

William appeared and denied he had ever disobeyed the King's precepts, and appealed to a jury; and as regards the view of frankpledge, he stated that it was always customary to render to the Sheriff for the time being a certain fixed sum viz., 20s. and 6d., and he denied he had ever appropriated the perquisites of the Sheriff's tourn, and he appealed also to a jury on these counts. The Sheriff was ordered to give up the Hundred to William, together with the profits he had taken from it, and to appear at Easter to prosecute his case. The sureties of William are Robert de Morteyn, William de Stalburg, Thomas de Hamstede, and William de Hupton. m. 35.

Staff. Robert de Ferrars sued the Lord the King to be permitted to redeem the manor of Certeleg (Chartley), according to the form of the Dictum of Kenilworth, and also as his eschaet, inasmuch as a certain ancestor of his, whose heir he is, had enfeoffed in it one Thomas de Ferrars, who had held the manor for a long time, and had afterwards died without leaving issue of his body, in consequence of which the manor should be his eschaet, and he prayed the Lord the King that justice should be done him. And upon this Roger Lestraunge came and stated that Robert ought not to be admitted to the benefit of the Dictum of Kenilworth, and that the said Thomas de Ferrars was against King Henry at the time of the war, in consequence of which the late King had given the manor to Hamon le Estraunge the brother of Roger, and that Hamon after holding the manor for a long time had enfeoffed him in it, and he was in peaceable seisin of it until the said Robert had come by night with a multitude of armed men, and had entered the manor by a homicide, and had retained it by force until dispossessed by the King's liegemen, and the King had then taken the manor into his own hands, and he prayed it might be restored to him. He pleaded also that Robert could not take the benefit of the Dictum, because it was provided in it that those who re-entered their manors vi et armis should not have the benefit of it, and the time also had elapsed within which Robert could redeem his lands under its provisions.

And Robert stated that the manor was his lawful eschaet, and at the time of the death of Thomas de Ferrars he was in prison, so that the limitation of time should not prejudice him and that as soon as he came out of prison, he had entered into the manor as his right and eschaet, but without committing any homicide as averred.

Afterwards before the King and Council it was decided that as Robert was not in possession of his full rights at the time that Thomas died, the limit of time should not prejudice him, and inasmuch as the said Robert at the time that Thomas died, knowing the manor to belong to him by eschaet, had entered into it sine homicidio, it had more the appearance of a disseisin than a trespass against the King; it appeared therefore to the Court that Robert had done nothing to prevent his being admitted to the benefit of the Dictum, saving to the King the Castle of the manor, if it was excepted by the Dictum; and inasmuch as Roger could not deny it was the eschaet of Robert, the Court considered that he ought to have it without redemption. Robert is therefore to have seisin of the manor, saving to the King the Castle and the moveables existing in it. m. 24, dorso.

Staff. John de Sutton and Jolenta his wife sued Robert de Okovere for coming vi et armis to their house at Sutton, breaking the doors and windows, and carrying off their chattels to the value of 30 marks, and for taking the said Jolenta to Warwick and imprisoning her until she had paid him 10 marks. Robert did not appear, and the Sheriff is ordered to distrain him and to produce him at Hillary term. m. 9, dorso.

Banco Roll No. 13. (No title.)

First membrane headed, "Adhuc de Octabis Sancti Michalis, Seyton;" supposed to be 3 E. I.

Staff. In the suit brought by Agnes widow of John de Wytemore against Stephen de Swynnerton and Roger le Burguylon for her dower, the defendants call to warranty John son of John de Wytemore, who is to be summoned for the morrow of All Souls. m. 21.

Staff. Thedicius de Canvill Dean of Wolverhampton obtains a verdict by default in the suit brought against him by Paul de Byllerbrok (Billbrook) and other tenants, the plaintiffs not appearing to prosecute it. m. 24.

Staff. The Sheriff is commanded to proceed to the Court of Richard de Loges of Wyrley, taking with him four discreet Knights of the county, and cause to be recorded before him in full Court the suit which was in the said Court without the King's writ, between the said Richard and Herbert de Wirley, respecting a trespass committed by the said Herbert, and to return the record under his seal into Banco at Hillary Term. m. 39.

Staff. Roger the Bishop of Coventry and Lychefeld sued John Giffard for the manor of Chylyngton, excepting ten messuages, four virgates, and one hundred and forty acres of land (fn. 3) as the right of his Church, and of which Hugh his predecessor was in seisin in the time of King Henry the great grandfather of the King. John Giffard appeared by his attorney and put himself on a great assize. Adjourned to the Quindene of Easter. m. 68.

Staff. John de Etton and Joan his wife sued Margaret the daughter of William de Engelfeud for one-third of thirteen messuages, twenty virgates of land, and 14s. 6d. of rent in Humeleye (Himley), and for one-third of four messuages, two virgates of land, and 15s. of rent held in villenage in Swyneden as the dower of the said Joan; and the said Margaret having been summoned for the Octaves of Michaelmas had made default, and the Sheriff had been ordered to take the dower claimed into the King's hands. Margaret now appeared and denied she had been summoned, and John and Joan stood upon her default. It is therefore considered she should wage her law, and come with her compurgators (quod vadiet eis legem duodecimâ manu, et veniet cum lege suâ) at fifteen days from St. Martin. (fn. 4) m. 70.

Salop. Bertram de Burgo sued in the County Court Sibilla daughter of Walter le Blund as his native and a fugitive, and afterwards the said Bertram sued out a writ by which the suit was brought into Banco. And Sibilla now appeared and acknowledged she was the villain (villana) of the said Bertram. Bertram is therefore to recover her with all her sequela and chattels, and she was delivered up to him. m. 85.

Leyc. Warw. Staff. etc. Alienora the widow of John de Verdun sued Theobald de Verdun for one-third of the manors of Neubald, Lottreworth, and Codesbeche in co. Leycester, and for one-third of the manors of Brandon, Bretteford, and Fleckenho in co. Warwick, and for one-third of the manors of Alveton (Alton), Strongeshill (Stramshall), Crakemerch (Crakemarsh), Wutton (Wootton), Bukenhall (Bucknall Eaves), (fn. 5) Fenton-Culvert, and Balterdeley (Balterley), one-third of a messuage and two carucates of land, etc., in Athelakeston (Ellaston), and for one-third of 40s. rent in Bydolf (Biddulph) in co. Stafford, and one-third of the manor of Hethe in co. Oxon, and onethird of the manors of Farnham and Sere in co. Buckingham, and one-third of the manors of Stoke-upon-Ebbesborne and Wyneleford in co. Wyltes, and a third of two parts of the manor of Webbeley, and a third of the Castle and park of the same manor, and a third of the two parts of the half of the manors of Ewyas and Waltereston in co. Hereford, and for one-third of the manor of Stokes upon Tyrne and Aldeleye, and one-third of two parts of the manor of Lodelawe in co. Salop, as her dower.

Theobald appeared by his attorney and conceded the dower except in the castles of Ewyas, Webbeley, and Alveton, and as it was not just that Alienora should have only the third of the said manors (ubi tot sunt maneria), the Sheriffs were ordered to make extents of all the manors and tenements. A concord was afterwards made in this form. (Here follows at great length the arrangement made respecting Alienora's dower, including her share of the advowsons of churches and land in Ireland, as well as the manors named above, and likewise in the manor of Suthstoke out of the lands and tenements held by John de Grey; and Theobald conceded she should have her reasonable dower out of the manor of Develyk and in Uryell (Louth), and Mydia (Meath), and he would make for her a competent mansion in Dyvelyk, besides the capital messuage there. (fn. 6) The concord was dated 4 E. I.)

Staff. Roger Bishop of Coventry and Lychefeld was sued by the Prior of Landa in a plea of quare non admisit to the advowson of the Church of Patyngham, which the Prior had recovered against Ralph Basset of Drayton. The Bishop appeared by attorney and stated the advowson had lapsed, more than six months having passed since the vacancy. The Prior stated he had presented one William de Martivallis his Clerk before six months had elapsed, viz., fifteen days before, as he showed by dates; and as the Bishop could not contradict this, he is in misericordiâ, and the damages were taxed at 50 marks. m. 105, dorso.

Staff. Matilda de Ebroicis (Devereux) sued Bertram Costard, Gerard de Shustan, Bertram de Burgo, Hugh de Weston, Thomas de Brompton, William de la More, Philip de Mutton, Henry de Dodington, Robert le Flemyng, Robert de Morton, Richard de Stretton, Roger Bagot, Agatha de Mortimer, and others for taking her goods and chattels at Longenorle (Longnor) to the value of 10 marks. Adjourned to Hillary. m. 64, dorso.

Staff. Adam le Rus and Alina his wife sue Simon Tunne and the Prior of St. Thomas, William Wyther and other tenants in Tilinton for dower. Adjourned to Hillary. m. 27, dorso.

Derb. Robert de Acovere gives 40s. for license of concord with Robert de Acovere and Margaret his wife. m. 21, dorso.

Staff. Richard le Botyller sued Philip de Dreycote for homage and other customs and services owing for a free tenement he holds of him in Dreycote (Draycott on the Moors). Philip did not appear, and is to be attached for Hillary term. m. 10, dorso.

Banco Roll No. 14.

No date or heading (probably Michaelmas, 3, E. I).

Staff. Agnes the widow of John de Wythmore sued Robert son of Susan for a third of a messuage and two bovates and seven acres of land in Wythmore (Whitmore), and seven other tenants in the same vill for a third of their holdings as her dower. The defendants called to warranty John son of John de Wygemore (sic) who is to be summoned for the morrow of All Souls. m. 2.

Staff. Roger de Pivelesdon and Joan his wife give half a mark for license of concord with Roger son of Jordan de Pivelesdon in a plea of warranty of charter. (fn. 7) m. 15, dorso.

Staff. William Wyther and Orabilla his wife sued Richard son of Richard de Baycote (sic) (Draycote) for a third of a messuage and two carucates and four virgates of land, and 43s. of rent, and the third of a fishery called Pikering in Tillinton as her dower. Richard called to warranty Philip son of Richard de Baycote (sic) (Draycote), who is to be summoned for the Octaves of St. Martin. m. 12, dorso.

Staff. Richard Attewell of Richardscote appeared against Robert de Dokeseye and Beatrice the widow of Hugh de Akesey (Dokesey) in a plea that they should permit him to have common of pasture in Solkemore appurtenant to his free tenement in Richardescote, of which Hugh formerly husband of Beatrice and brother of the said Robert, whose heir he is, had unjustly disseised him. The defendants did not appear, and are to be attached for the morrow of the Purification. m. 12, dorso.

Footnotes

1 There are several other suits on previous Coram Rege Rolls of this reign relating to the partition of the lands of the Earl Marshal, which would be found very interesting to the genealogist, but which I have not abstracted as they have no connection with Staffordshire. The above suit has been abstracted, owing to the mention of Tachmelin in Ireland. This manor with half the cantred was given to Peter Giffard of Chillington by the Earl of Strigul at the conquest of Ireland (see p. 201, Vol. III., "Staffordshire Collections), but this grant appears to have been revoked, for the Earl Marshal was one of the co-heirs of the Earl of Strigul the original donor.
2 Margaret and Enycina were daughters and co-heirs of the last William le Rus of Walshall.
3 The Bishop claimed the lordship of the manor only, not the soil.
4 The wager of law, or ancient Saxon trial by compurgators, was still in use in incidental traverses in a real action, such as the denial of a summons. The defendant denied the summons and swore to it, supported by a certain number of his neighbours. Two witnesses were refuted by four compurgators, three by six, and so on, till the full number of twelve was completed, beyond which it was not necessary to proceed. (See Palgrave's "English Commonwealth.")
5 There were two manors in Bucknall, viz., Bucknall cum Bagnall, and Bucknall Eaves; of the first the Audleys were chief lords, whilst the Verduns were chief lords of Bucknall Eaves. Balterley in the same way was divided between these two families.
6 The parentage of this Alienora, the second wife of John de Verdon, is not known. It would appear by this fine as if she was of Irish extraction.
7 See Fine No. 10, Staffordshire Fines, temp. E. I. It is dated on the morrow of St. Martin, 3 E. I. (19th November, 1275), and gives the date of the Roll. By the terms of the fine Roger son of Jordan grants 3 carucates of land, and 22½ marks of rent in Aston, Burston, Stoke, and Walton, Levedale, Chatwelle, and Barton to Roger de Pyvelestou and Joan his wife, for which they gave him £100.