Banco Roll, Hillary, 18 E. I.
Staff. William son of Adam de Chetewynde gives a mark for license of
concord with Richard de Prestwode. m. 26.
Staff. Nicholas de Alditheleye the custos of the land and heir of
Richard son of Henry de Chetelton had brought an assize of last
presentation to the Church of Chetelton against the Abbot of Deulacres, the
advowson of which the said Nicholas claimed as custos, and judgment had
been respited from the Octaves of St. John the Baptist until this term, and the
Abbot now appeared and claimed judgment. And a writ had been sent to
the Bishop of Coventry and Lichefeld to certify if the said Church was vacant
or not, and if not vacant, then at whose presentation and from what time it
had been filled up. And the Bishop had returned at Trinity Term an
insufficient answer to the effect that the Church of Chetelton de religiosis
prefatis non est plena vel consulta justo titulo set per eosdem per intrusionem
triginta annis et amplius occupata, etc. A mandate was therefore sent to
the Bishop to certify definitely (precise) whether the Church was vacant or
not, and if not, etc. (as before), at the Quindene of St. John the Baptist, on
which day the Bishop returned the writ had reached him too late. Another
mandate was therefore sent to the Bishop to certify as before to the Court at
the Quindene of St. Martin. m. 30.
Staff. William de Declinge was summoned by the King and Alianora the
King's consort and Queen of England to carry out a convention made
respecting the manor of Roulegh (Rowley Regis). William appeared and a
chirograph was made. (fn. 1) m. 52.
Staff. Henry de Parco was summoned to answer the plea of Ralph
Streche that he caused waste and destruction in the lands and woods of the
inheritance of the said Ralph in Blyminhill, which Henry held by courtesy of
England, and in which Ralph stated he had cut down fifty ash trees, each
worth 2s., in a wood of twenty acres.
Henry appeared by attorney, and stated he held the wood by courtesy of
England by reason of one Margaret formerly his wife, and he denied having
made any waste, and appealed to a jury. The Sheriff therefore is ordered to
go in his own person to the wood in question, and make inquisition into the
matter on the oath of twelve jurors, and return the inquisition at three
weeks from Trinity. m. 69.
Staff. In the suit of John de Northale versus John Gyffard of Chilinton
for an illegal distress, John Gyffard appeared by attorney and stated that
John de Northale held of him a messuage and half a virgate of land in
Chilinton by the service of 28d. and a fat pig value 3s. annually, and tallage
at his will every year so long as the tallage is between 7s. and 3s., and he had
taken the ox of John because the pig was in arrear. John de Northale
admitted he held his tenement of John Gyffard by the service specified, but
denied the pig was in arrear at the date the ox was seised, and appealed to a
jury. The Sheriff is ordered to summon a jury for three weeks from Trinity.
Staff. Sibilla widow of William de Routhesleye recovers the dower she
claimed in Newcastle-under-Lyme and Stoke by default of the defendants.
m. 82, dorso.
Staff. Avice the widow of Robert son of Hugh de Colton sued Roger
son of William atten Ashe of Colton for four acres of land in Colton as her
right and maritagium, and in which he had no entry except through Robert
formerly her husband, who had given them to him during their lifetime, when
she could not object. Roger denied the tenement was the maritagium of
Avice, and appealed to a jury. And Avice admitted that as regards one
acre and a half of it it was not her maritagium, because John le Harpur her
father had given the tenement to Roger and to his heirs, but as regards the
residue she stated her mother Cecilia had given the land to Robert and to her
in frank marriage, and she asked for leave to withdraw her writ, which was
granted. m. 58, dorso.
Staff. Thomas the Abbot of Burton upon Trent sued Henry son of Henry
de St. Maur and Roes his wife for thirty messuages, three hundred and
twenty-seven acres of land, and 50s. of rent in Felde (Field) which Henry de
St. Maur formerly held of John his predecessor, and which ought to revert
to him as his eschaet, inasmuch as the said Henry de St. Maur had committed
a felony and had been outlawed; and he stated that Henry held the said
tenements of John formerly Abbot by homage and the service of 20s. annually;
and John the Abbot was in seisin of the said homage and service at the time
Henry committed the felony for which he had been outlawed. Henry son
of Henry and Roes appeared and asked that the Abbot should be required to
state for what felony and where Henry had been outlawed.
And the Abbot stated that the said Henry de St. Maur had killed one
Brother John le Graunger of Stanleye (Stoneleigh Abbey) in the co. of
Warwick, and had been put into the exigend before John de Vaux and
his fellow Justices in that county, and after he had been demanded at
four County Courts the outlawry had been annulled at the fifth County
Court by the King's writ upon a false suggestion that he was dead on the
day the outlawry was promulgated, and at which date he was alive. The
suit was adjourned to Trinity Term. A postscript states that judgment was
then delivered in favour of Henry, because the Abbot had stated in his writ
that Henry de St. Maur had been outlawed for a felony, and afterwards
acknowledged he had not been outlawed. The Abbot is therefore in misericordiâ for a false claim. m. 39, dorso.
Staff. Robert de Staundon sued William de Worcester and Emma his wife
for a messuage, a mill, a carucate of land, and 6 marks of rent in Bere-Sardon,
in which Emma had no entry except through Henry de Audelegh, who had
unjustly disseised Vivian de Staundon his father, whose heir he is, etc.
William and Emma appeared by attorney, and called to warranty Nicholas de
Audelegh, who now came and warranted the tenement to them, and pleaded
that Henry de Audeley had not disseised the said Vivian after the first voyage
of King Henry the King's father into Gascony (fn. 2) and appealed to a jury. The
Sheriff is ordered to summon a jury for the Octaves of Trinity. m. 6, dorso.
Coram Rege Roll, Easter, 18 E. I.
Staff. The Abbot of Crockesdene sued John Basset the Parson of the
Church of Chedle (Cheadle), Simon Basset, Richard de Clynton, and five others,
for taking his corn at Chedle. John Basset stated he had taken only tythe
belonging to his Church, and appealed to a jury, which is to be summoned for
the Octaves of Trinity. m. 9, dorso.
Banco Roll, Trinity, 18 E. I.
Staff. Robert son of John de Grendon (who had been called to warranty
by Richard son of John la Persone, and who warranted the tenement to him),
appeared against John de Grendon in a plea that he should warrant to him
two messuages in Molewich (Milwich) which Petronilla the widow of Richard
de Morton claimed. John did not appear, and the Sheriff was ordered to
summon him for the morrow of St. Martin, and to take into the King's hands
land belonging to him to the value of the tenement claimed. m. 67.
Staff. Roger de Swynnerton is in misericordiâ for several defaults (of
The said Roger was attached to answer the plea of Robert Chelle that
together with John de Cherleton, James de Hayton, William son of William
de Cherleton, and Gilbert de Swynnerton he had illtreated, taken, and
imprisoned him at Swynnerton on the Monday after the Feast of St. James,
17 E. I., and detained him a prisoner for fifteen days until delivered by the
King's precept, and for which he claimed 100s. as damages. Roger appeared
and denied the injury, and stated that after the death of Richard the brother
of Robert Chelle, who had held of him a messuage and virgate of land in
Chelle in villeinage, the said Robert had fined for 30s. for entry into the same
tenement to be held in villeinage of him, and because he had refused to pay
the fine he had taken him as his villein and put him into gaol as was lawful
(et ipsum in ceppis posuit sicut ei bene licuit).
Robert stated that Roger never was seised either of him nor of his brother
Richard as villeins, and appealed to a jury. The Sheriff was ordered to summon
a jury for the morrow of St. Martin.
Staff. The King by William Inge (who sued for him), sued John son of
John fitz Philip for the advowson of the Church of Kynefare of which King
John his ancestor had been seised, etc., and had presented one Philip le Rus,
who had been admitted and instituted on his presentation. John fitz Philip
defended his right to the advowson, and denied the seisin of King John, and
put himself on a great assize.
William Inge stated he was prepared to prove the seisin of the King by
the Rolls of the Chancery, and stated that King John had given the manor
to John fitz Philip the father of John, and in his gift of it had excepted the
advowson. A day was given to them to hear judgment at the Quindene of
Michaelmas; on which day William Inge appeared for the King, and stated
that in the Charter of King John to John fitz Philip no mention was made
of the advowson, and that the advowson therefore remained with the King
by his prerogative, and he prayed for judgment whether a great assize would
lie, when the right of the King could be certified by record.
John fitz Philip again denied the seisin of King John, and as before put
himself on a Great Assize. A day is given to them to hear judgment at the
Quindene of Hillary. m. 140, dorso.
Staff. Richard fitz John (fn. 3) was summoned by John Gyffard to acquit him
of the service which Roger the Bishop of Coventry and Lychfeld exacted of
him for the free tenement he held of the said Richard in Chilinton, and of
which Richard, who is medius between them, ought to acquit him, and he
stated that he held of the said Richard the manor of Chylinton by homage
and the service of half a Knight's fee, and of which service the said Richard
ought to acquit him, inasmuch as the said Bishop through default of the
acquittance of the said Richard distrained him to perform homage, and for a
relief of 50s., and for which he claimed £20 for damages.
Richard appeared by attorney and defended the suit, and asked that it
might be shown for what reason he was bound to acquit John of the service
And John stated that William his brother, whose heir he is, did homage
for the tenements in question to John brother of Richard, whose heir he is,
and after the death of William his brother, he (John) had offered his homage
to the said Richard, and for which homage Richard was bound to acquit him;
and he had offered to do homage to him on the Quindene of Hillary, 7 E. I.,
in the Hall of Westminster in the presence of Ralph Gyffart, William de
Pencriz, and William de Somerfort, and similarly on the Quindene of the
Purification, 10 E. I., at Belesale outside Warwick in the co. of Warwickshire,
in the presence of William de Wroteslega, Reginald de Stapelega, Thomas
Pany, and Ralph Giffard, and the said Richard had refused on both occasions
to admit his homage. Adjourned to the Quindene of St. Michael. m. 135,
Staff. An assize of last presentation to the Church of Waterfal, the
advowson of which Robert de Staunton claimed against the Abbot of
Roucestre, because one Colibinus his ancestor, whose heir he is, had presented
to the Church one Henry his Clerk, in the reign of King Richard, who had
been admitted and instituted on his presentation, and had died the last
parson of the Church (ultimo obiit persona in eâdem).
The Abbot took exception to the writ because the Church was not vacant,
and a mandate was sent to the Bishop of Coventry and Lichfield to certify
at the Quindene of St. Michael whether the Church was vacant or not, and
if not, then at whose presentation, and when, it had had been filled. m. 116,
Staff. In the suit of Peter de Arderne versus the Canons of Lichfield
respecting meadow land in Elford, the Canons appealed to a Great Assize,
and gave half a mark for mention of the time of seisin of Peter's ancestor;
and Geoffrey de Gryseley, (fn. 4) John fitz Philip, John de Hermenill (sic, Heronville), John Giffard of Skilinton (sic), four knights, came and elected the
following knights to form a jury, viz., William de Stafford, William de Mere,
Richard de Draycote, Robert de Bromleye, Robert de Knytteleye, John de
Wasteneis, Roger de Swynnerton, Ralph Basset, Ralph Basset of Sapecote,
Henry de Creswelle, Hugh de Weston, William de Meynille, Henry
Mauveisin, and Richard de Vernun, who are to be summoned for the morrow
of St. Martin. m. 78, dorso.
Coram Rege Roll, Michaelmas, 18 E. I.
Staff. Thomas de Asseburne, who sued for the King and for William the
brother and heir of Galwan le Botyler, appeared on the fourth day against
Walter de Hopton in a plea that he caused waste and destruction in the
houses and gardens and woods which he holds for his life in Tyrleye of the
inheritance of the said William, (fn. 5) brother and heir of Galwan le Botyler of
Wemme, who was dead, and which William is under age and in ward to the
King. Walter did not appear, and is to be attached for the Quindene of
Hillary. m. 60.
Staff. The King by Richard de Breteville sued Richard son of Richard
de Loges for the manor of Rodbaston, in which Richard had no entry except
through Richard son of Hugh de Loges, who had intruded himself into the
manor after the death of the said Hugh, to whom King Henry the King's
father had demised the manor for his life, and which should have reverted to
the King on the death of Hugh. Richard son of Richard appeared and
stated he ought not to be called on to plead to the writ, because in the Great
Charter of the English Liberties it was contained that common pleas should
not follow the King, but be heard in some fixed place; but if it was
considered he ought to plead, he prayed a view. Adjourned to Hillary Term,
a view to be made in the interim. m. 57, dorso.
Banco Roll, Michaelmas, 18–19 E. I.
Staff. In the matter of the advowson of the Church of Chetelton, which
Nicholas de Aldithele as custos of the heir of Richard son of Henry de
Chetelton claimed against the Abbot of Deulacres, the Bishop of Coventry
and Lichfield certified in answer to a writ from the Court: "quod predicti
religiosi de Deulacres post mortem cujusdem Rogeri quondam Personæ predictæ
Ecclesiæ qui obventiones ejusdem Ecclesiæ eisdem religiosis concessit totâ vitâ
suâ pro sustentatione suâ habendâ in eâdem domo hucusque continnaverunt
possessionem ejusdem Ecclesiæ absque aliquo justo titulo, propter quod idem
Episcopus Ecclesiam illam vacantem de jure ac vacuam reputavit." And as
the said Bishop did not state definitely whether the Church was vacant or
not, a mandate is sent to him as before, returnable at five weeks from Easter.
Staff. Stephen de Curcun sued Adam le Venur for twenty-one acres of
land in Marchinton and Falede (Fauld), and he sued Stephen son of William
de Falede for five acres, and Agnes the widow of Roger Fychet for two acres,
and Thomas son of Robert de Camera for three acres, and William Fychet
for two acres in the same vills, of which Stephen de Curcun of Falede his
grandfather (whose heir he is) had been seised as of fee, etc., when he died.
The defendants called to warranty Edmund the brother of the King, who
now came upon summons and warranted the tenements to them, and stated
that Stephen the grandfather did not die seised of the tenements within the
time specified, and appealed to a jury. And the Sheriff was ordered to
summon a jury for the Quindene of Easter. A postscript adds that the
parties appeared at the Octaves of Hillary, 20 E. I., and Stephen gave half a
mark for license of concord, and the terms of the concord were that Stephen
remitted all his claim, for which Edmund gave him a sore hawk (spervarium
sorum). m. 238.
Staff. In the suit of William Shirard and Petronilla his wife versus
Nicholas de Audele, Hugh de Audethelegh, Robert de Bagenholt and Agnes
his wife, and other tenants, for the dower claimed by Petronilla in Gretton,
the defendants had made default, and the dower claimed had been taken into
the King's hands, and adjudged to William and Petronilla. The tenants
now appeared in Court and denied the summons, and offered to wage their
law. They are therefore to appear with their compurgators on the Octaves
of the Purification. m. 245.
Staff. In the suit of John Giffard of Chillington versus Richard fitz John
to acquit him of the service which the Bishop exacted from him, Richard
appeared by attorney, and being asked if he was willing to acquit John of
the service, replied that he was (quod sic), on condition John did homage to
him, and he denied that John had ever offered to do him homage. John
stated he was ready to prove he had offered him homage on many occasions;
and the said Richard being asked if he had power of distress for the said
homage and other service due for the said tenement if it was in arrear, stated
he had the power, but he asked for judgment on the ground that the homage
had never been performed or offered to him. A day was given to the parties
to hear judgment on the morrow of the Purification. A postscript states the
suit was adjourned till the Octaves of Trinity, and afterwards till the morrow
of (word omitted), when Richard never appeared, and a verdict was given in
favour of John Giffard. Further inquiries to be made respecting damages.
Staff. Eva de Albo Monasterio (Oswestry), William and Adam her sons,
and Roger de Pullesdon are in misericordiâ for several defaults (of appearance).
The said Eva, William, Adam, and Roger were attached to answer the
plea of Roger de Thornton and Isabella his wife, that they had taken fish vi
et armis from the fish pond of Roger and Isabella (fn. 6) at Mucton (sic, Mitton),
to the value of 60s., and had cut down and carried away their growing
timber, and they stated that on the Friday before Easter, 17 E. I., they had
taken fish, viz., pike (lupos aquaticos), roach (rochios), bream (bremos), and
large eels to the value of 60s., and had cut down and carried away ash trees
and alders to the value of a mark. The defendants appeared by attorney
and denied the trespass, and appealed to a jury, which is to be summoned for
a month from Easter. m. 228, dorso.
Staff. The same defendants were sued by Roger and Isabella for waste
and destruction in Mutton, held by them for a term only of the inheritance
of Isabella. A jury to be summoned for the same date. m. 228, dorso.
Staff. William de Stafford, William Trumwyne, William his son, Thomas
de Shyngelton and Joan his wife, Nicholas son of William le Botiler, William
de Hodenet, and three others, were summoned to answer the plea of John de
Smalerys that they had unjustly taken forty-three sheep belonging to him
from the heath of Saundon on the Tuesday after the Feast of St. George, 18
E. I. The defendants denied the trespass, and appealed to a jury, which is
to be summoned for three weeks from Easter. m. 210, dorso.
Staff. Alice the widow of Roger de Brocton sued Philip son of Reginald
de Stapelegh for a third of a messuage and a virgate of land in Brocton, and
three other tenants for a third of their holdings in the same vill as her dower.
None of the defendants appeared, and the Sheriff is ordered to take the
dower claimed into the King's hands, and to summon them for the Octaves of
the Purification. m. 208, dorso.
Staff. William de Tarpele sued John Bagod of Brumley Bagod for
distraining him for suit of Court at Brumley Bagod contra formam feoffamenti. (fn. 7)
John Bagod did not appear, and the Sheriff is ordered to distrain and produce
him on the morrow of the Purification. m. 164, dorso.
Staff. Henry de Roudynge and Agnes his wife sued Richard son of Roger
Wysel of Werslegh (Warslow), for two messuages and twenty-six acres of land
in Netherelkysdon (Elkstone), which they claimed as the right of Agnes, and
in which Richard had no entry except by a demise which Adam de Elkisdon
formerly husband of Agnes had made, and to which she could not object, during
his lifetime, and the tenements had been taken into the King's hands owing to
default of appearance of the defendant; and one Roger son of Richard de
Werslegh now appeared and stated that the tenements had been given to the
said Richard son of Roger his father and to Agnes his mother (whose heir he
is), and to the heirs of Agnes, and he prayed that he might not lose the tenements by the default of the said Richard, who held nothing in them except by
courtesy of England (per legem Angliæ), and he was ready to contest the suit if
the Court thought proper, notwithstanding he was under age. The suit was
adjourned to Hillary Term. A postscript states that it was afterwards heard
on the Monday before St. Michael, 19 E. I., at Tamworth, before R. de Legh,
Hugh de Cave, and P. de Leycester, Justices assigned, etc., when a jury stated
that the tenements were given in frank marriage to the said Richard son of
Roger the father of the said Roger and to Agnes his wife and heirs of the
said Agnes, and as Roger stated that the said tenements were not the right
of Agnes the wife of the said Henry, because they were the right of one
Adam the first husband of Agnes, the suit is to remain till he comes of age.
m. 72, dorso.
Staff. Reginald son of John de Chavernes (Charnes) not appearing to
prosecute his plea against Roger de Burghton and Juliana his wife for four
messuages, a carucate of land, and twenty acres of wood in Burghton
(Broughton), the suit is dismissed, and the deeds (scripta) of Roger and
Juliana which were in custody of E. de Bek are given up to them into the
hands of Henry le Warener their attorney. m. 28, dorso.
Banco Roll, Easter, 18 E. I.
Staff. Alice the widow of Gawan le Buteler sued Walter de Hopton for
a third of the manor of Alkementon (Almington) as her dower. Walter
stated she had no claim to dower, because her husband Gawan never was
seised of the manor, so that he could have endowed her in it, and appealed to
a jury. A postscript states that at the Quindene of Easter, 20 E. I., a jury
returned a verdict that Gawan never was in seisin of the manor. m. 49.
Salop. The same Alice sued Walter de Hopton for a third part of the
manor of Hunstoke (Hinstoke), as her dower. Walter made the same plea as
before, and appealed to a jury. A postscript states that a jury came at the
Octaves of Hillary, 20 E. I., and stated that Walter had married Matilda de
Wemme, who held of her inheritance when he married her, the manor of
Wemme and all the Barony of Wemme of the King in capite, and Hunestoke
was a member of the Barony, and Walter and Matilda had enfeoffed one Roger
le Rous, of Wemme and all the Barony, and Roger by fine levied at Salop had
conveyed the same to Walter and Matilda, but they are ignorant of the exact
terms of the fine; and after the death of Matilda the King had taken into his
hands by his eschaetor the manor of Wemme, the capital manor of the Barony,
as custos, by reason of the minority of Gawan, the cousin and heir of the said
Matilda, who was under age; and the King had afterwards granted the custody
of the same to Walter; and they say that Walter had always been in peaceable
seisin of Hynstoke, the eschaetor not having taken that manor into the King's
hands, but whether this was through negligence or from any other reason
they are ignorant; and being asked if Hynstoke was a member of Wemme,
they say it is; and whereas the said manor of Wemme and the whole Barony
was the inheritance of Matilda, and Walter could claim nothing in it, except
the remainder specified in the fine levied by Roger le Rous, and as it appeared
on inspection of the fine there was no remainder to be held by the said Walter
after the death of Matilda, except a rent of £15 and the manor of Tyrleye,
and because the said manor of Hynstoke was the fee and free tenement of the
said Gawan, and Walter only held it after the death of Matilda as custos,
owing to the minority of Gawan. It is considered that Alice should recover
against the said Walter, and her damages are taxed at 60s. m. 49.
Staff. Petronilla the widow of Richard de Morton sued Robert son of
John de Grendon (called to warranty by Richard son of John the Parson) for
two messuages in Melewich (Milwich) as her right, by writ of entry; and
Robert appeared and called to warranty John de Grendale (sic), who came
and called to warranty Ralph son and heir of Ralph de Grendon, who is under
age, and who, with his land, is in the custody of Robert the Bishop of Bath and
Wells; and he claimed the warranty of the heir by a deed of Robert de
Grendon the grandfather of the heir, which he produced, which testified that
the said Robert had given to him the tenements in question, with a clause of
warranty. The Bishop is to be summoned for the Quindene of Michaelmas.
Staff. Richard de Vernun sued Gerard de Canvill to warrant to him two
and a half acres of meadow in Herlaston, which he claimed to hold of him,
and for which he had the charter of Richard de Canvill his grandfather, whose
heir he is. Gerard did not appear, and the Sheriff returned he held no lands
within his bailiwick, and it was notified to the Court he held lands at Subeston, in co. Leycester. The Sheriff of Leycester is therefore to summon him
for the Quindene of Michaelmas. m. 95.
Staff. Alice the widow of Clement of London sued Nicholas the Prior of St.
Thomas the Martyr near Stafford for a third of a messuage and a carucate
of land in Cotes, near Stafford, and she sued Robert de Filely for a third of a
messuage in Stafford, and John de Houton for a third of nine acres in
Whytegreve as her dower. None of the defendants appeared, and the
Sheriff is ordered to take the dower claimed into the King's hands, and to
summon them for the Octaves of St. John the Baptist. m. 95.
Staff. The executors of the will of Magister Simon de Balidon sued
Felicia the widow of Richard de Barre, Robert son of Felicia, William Aleyn,
and three others, for 4 marks 9s. 4d. The defendants did not appear, and are
to be attached for the Quindene of Michaelmas. m. 107.
Staff. William son of Thomas de Overebidulf sued Theobald de Verdun
for a messuage, a bovate, half a virgate of land, and 7s. of rent in FentonCulvert, in which Theobald had no entry except by John de Verdun, who had
demised the tenements to him, who had disseised him (William) unjustly of
Vivian son of Thomas de Overe Bidulf sued Theobald de Verdun for a
messuage, a bovate, a half virgate of land, and 7s. 2d. of rent in FentonCulvert, in which Theobald had no entry except (as before).
Theobald appeared by attorney and took exception to the writs because
the plaintiffs sued against him for the tenements separately, and stated in them
he had no entry except per predictum Johannem de Verdun; and by the word
per it would appear as if John had demised the tenements to him, etc. As
the plaintiffs could not deny this, the suit is dismissed. (fn. 8) m. 138.
Staff. An assize of last presentation to the Church of Chetelton, the
advowson of which Nicholas de Aldythelegh, as custos of the land and heir of
Richard son of Henry de Chetelton, claimed against the Abbot of Deulacres,
by reason of the said custody; and he stated that Robert de Chetelton the
ancestor of the heir had presented in the reign of King John a certain Peter,
his clerk, who had been admitted and instituted on his presentation, and had
died the last Parson of the Church, and from Robert the right descended to
William as son and heir; and from William, who died without leaving issue,
to Hugh, his brother and heir; and from Hugh to William as son and heir;
and from William to Robert as son and heir; and from Robert to Henry as
son and heir; and from Henry to Richard as son and heir, who is under age.
The Abbot stated, etc. (Here follow the pleadings already given, and the writs to
the Bishop to certify whether the Church was cucant or not.) In reply to the
last writ the Bishop stated that when he was about to execute the King's
mandate, an inhibition had been served upon him from the Court of Canterbury by a monk of Deulacres, and because the Abbot had alleged the Church
was full and served (consulta) by the said Abbot and Monks who held it in
their own hands, and he had stated he was ready to prove this by the Ordinary,
and the same Abbot had served an inhibition upon the Bishop to prevent him
from certifying to the writ, it is considered that the assize should proceed.
And the Abbot stated that Hugh the ancestor of the heir had given and
confirmed to the Abbot and Convent of Deulacres the advowson of the Church,
and he produced the deed of the said Hugh.
The jury say that Robert de Cheltelton, formerly Lord of Cheltelton, and
the ancestor of Richard (whose heir he is), had made the last presentation in
the reign of King John, and the Clerk presented had been admitted, and had
died the last Parson of the Church; and being questioned as to the length of
time which had elapsed since the death of Peter the last Parson, answered
more than ten years. It is therefore considered that the custos of the heir
should recover the advowson. m. 157.
Staff. Reginald the son of Milisent de Legh near Bilinton sued Emma
the widow of Bertram de Burgo for twenty acres of land and a quarter of an
acre of wood in Legh, near Bilinton, and she did not appear. The Sheriff is
ordered to take the tenement into the King's hands, and summon her for a
month from Michaelmas. m. 160.
Oxon., Staff. Philippa formerly wife of John de Cokefeld sued Robert de
Ditton (Dutton) for the manors of Great and Little Rounehale (Rownhall),
excepting three bovates and an acre of land, which had been valued at £29,
and Robert had called to warranty John de Cokefeld, and John had appeared,
and had afterwards made default at the Quindene of Trinity; and the Sheriff
of Oxfordshire had been commanded to take into the King's hands land
belonging to John to the value of the said manors, and to summon him for
the morrow of St. Martin to hear judgment; and on that day John essoined
himself de servitio Regis, and a day was given to him by his essoin at this date
(quinta septimana Paschæ); and John now came and produced no warrant for
his essoin; and Robert prayed judgment against him by default. John could
not cleanse his default (defaltam sanare), but took exception to the extent
(valuation) of the said manors. It is therefore considered that Philippa
should recover seisin against the said Robert, and Robert should be compensated
from other land of John; and the Sheriff is ordered to return another extent
of the said manors on the Quindene of St. John the Baptist. A postscript
adds that on that day the Sheriff sent an extent which appeared minus
sufficienter factam, because an acre of waste moor was valued at 4¼d. (quod
videtur Curiæ minus excedens veram valorem). The Sheriff was therefore commanded to return another valuation on the Octaves of Michaelmas. Afterwards
on the Quindene of St. John the Baptist following the said John and Robert
appeared and (a word illegible) as appears in the Pleas. m. 163, dorso.
Warw. The King recovers the advowson of Cestreton (Chesterton) versus
Richard de Loges son of Hugh de Loges, on the ground that King Henry the
King's father had made the last presentation to the Church; and by another
writ of quare impedit the King recovers the same advowson against Roger
Bishop of Coventry and Lichfield. m. 90, dorso.
Staff. Linc. The Abbot of Humberstane appeared by attorney against
John son of John fitz Philip in a plea that he should warrant to him a third
part of four tofts, three and a half bovates of land, and £4 of rent in Humberstone, in co. Lincoln, which Olive the widow of Hamund fitz Philip claimed
as dower; and he did not appear; and the Sheriff was ordered to take land
belonging to him to the value of the dower claimed, into the King's hands; and
as the value of the dower was not known, the Sheriff of Lincolnshire was
ordered to return an extent of it into Court on the Octaves of St. John the
Baptist. A postscript adds that the Sheriff returned the total value of the
tenement at £7, of which the third is 46s. 8d. m. 74, dorso.