Banco Roll, Hillary, 20 E. I.
Staff. Richard son of Hervey de Stretton sued Richard son of Richard de
Stretton for a messuage, and ten acres of land and ten acres of wood in Stretton,
of which Richard de Stretton his grandfather (whose heir he is) had been
seised as of fee when he died.
Richard son of Richard denied that Richard the grandfather had died
seised of the tenements, because long before his death he had enfeoffed him of
them, and he appealed to a jury. The Sheriff is ordered to summon a jury
for the Octaves of Trinity. m. 1.
Staff. Robert de Knygtele gives 40s. for license of concord with Richard
son of Hervey de Stretton. (fn. 1) m. 2.
Staff. Adam le Dun sued Magister Henry le Keu of Hambury (Hanbury),
and Henry his son for a messuage and thirty-five acres of land and twenty acres
of meadow in Cotene, Hambury, and Unenhull (Houndhill), in which they
have no entry except by Laurence le Keu of Cotene, the father of Adam (whose
heir he is), and who had demised it to them for a term now expired. The
defendants appeared and took exception to the writ because neither Cotene, nor
Hambury, nor Uvenhull was a vill or borough, but members of the vill of
Marchinton. Adam stated they were vills, and appealed to a jury, which is to
be summoned for the Octaves of Trinity (nisi Justiciarii prius. etc.). m. 19.
Staff. Lincoln. In the suit of Olive widow of Hamond fitz Philip versus
the Abbot of Humberstan for dower in Humberstan, John son of John fitz
Philip appeared and warranted the land to the Abbot, and stated that Hamond
was not seised of it as of fee, and therefore could not endow Olive out of it.
A Lincolnshire jury to be summoned for three weeks from Easter. m. 48.
Staff. The Sheriff of Northamptonship is ordered to levy 20 marks from
the lands of Richard fitz John, damages adjucated against him in the suit of
John Gyffard of Chylington in a plea of quod acquietaret. m. 56.
Staff. In the suit of Robert Gaunsil versus the Abbot of Crokesdene for
a messuage and four bovates of land in Doggechedule, the Abbot had made
default at Michaelmas Term, and the tenement had been taken into the
King's hands. Robert now appeared and claimed the tenement by the
Abbot's default; and the Abbot came and denied the summons, and offered to
wage his law. He was therefore to appear with his compurgators at the
Quindene of Michaelmas, 20 E. 1. m. 63.
Staff. In the suit of Joan the widow of William de Caverswell for dower
in Caverswelle and other places, Richard appeared to his summons and
conceded the dower claimed. The Sheriff to make inquiry into the damages.
Staff. The suit of Petronilla widow of Richard de Morton versus John
de Grendale (sic, Grendon) is dismissed, Petronilla not appearing. m. 186.
Staff. Matilda the widow of William Declinge sued Roger de Somery for
half (sic) of three carucates of land, and twenty acres of wood and moor, and
thirty acres of meadow in Rouleye (Rowley Regis); and she sued eight other
tenants in the same vill for half of their respective tenancies as her dower.
None of the defendants appeared, and are to be summoned for three weeks
from Easter, and the dower claimed to be taken into the King's hands. m.
Warw. Roger the Bishop of Coventry and Lichfield was commanded to
levy 100s. from the ecclesiastical goods of Magister Adam de Bodington,
damages adjudicated against Adam at the suit of Robert de Akovere and
Alice his wife for carrying on a plea against them in Court Christian respecting the advowson of the third part of the Church of Franketon, against the
King's prohibition. And the Bishop had done nothing. He is therefore
commanded as before, and to pay the money into Court at the Quindene of
Easter. m. 94, dorso.
Staff. The Sheriff having been ordered to arrest Sir William Bagot,
Knight, and keep him in safe custody till he paid a debt of 34 marks owing to
Philip de Belnaco, returned non est inventus, a writ of scire facias issued
returnable at three weeks from Easter. m. 66.
Staff. Richard de Rodeyerd sued Richard the Abbot of Deulacres for a
messuage and ten acres of land, three of meadow, and thirty acres of wood
in Nether Tetesworth, in which the Abbot had no entry except through
Thomas de Rodyerd the father of Richard, who had demised the tenements to
him for a term now expired. The Abbot stated he entered through Ralph
formerly Earl of Chester, and not through Thomas, and appealed to a jury,
which is to be summoned for the Quindene of Trinity. m. 52, dorso.
Salop. Walter de Hopton sued Walter de Beauchamp for an illegal
distress at Wemme in 18 E. I.; and Walter de Beauchamp stated the lands
and tenements there formerly belonged to Gauwyn le Boteler, and after the
death of Gauwyn came into seisin of the King by reason of the minority of
William the brother and heir of Gauwyn; and the King had granted the
custody of them to John de Bretagne, and John had transferred the custody
to him, and because complaints had been made that Walter de Hopton had
taken away from Wemme Castle many arms, viz., four steel suits (coopertoria
ferrea), and four gorgets of steel, a suit of mail (lorica cum tenâ et maniculis),
and several other arms, and even ornaments from the Chapel and all which ought
to have remained in the Castle as part of the furniture of the Castle, and the
friends of the heir having sued Walter de Hopton for the goods abstracted
by him, the Court, after many contumacies, had issued a writ of distringas.
Walter de Hopton denied that he had been distrained by the authority of
a court of law, and appealed to a jury, which is to be summoned for the
Octaves of Trinity. m. 9, dorso.
Coram Rege Roll, Hillary, 20 E. I.
Staff. Cecilia formerly wife of Roger de Narwedale appealed John
de Narewedale for the death of Robert her husband; and he did not
appear, and the Sheriff had been ordered to attach the said John by his body
according to the law of England, and the Sheriff returned that he had been
bailed by Hugh de Werselowe, Thomas de Peverwych of Narewedale, and
four others named. They are therefore in misericordiâ, and the Sheriff is
ordered to attach the said John, and to produce him at three weeks from Easter.
m. 23, dorso.
Staff. The King by Richard de Brettevile and Philip de Montegomery,
sued Richard son of Hugh de Loges, who had been called to warranty by
Richard son of Richard de Loges, for the manor of Rodbaston, in which the
said Richard son of Richard had no entry except by Richard son of Hugh,
who had intruded himself into it after the death of the said Hugh to whom
King Henry the King's father had demised it for the life of Hugh, and which
after his death should have reverted to the King. And Richard son of Hugh
appeared to his warranty and stated that the King had never been in seisin
of the manor as of fee and right, that Hugh his father had entered into it by
hereditary right, and his ancestors from time out of memory had held it, and
that Hugh his father had held the said manor and the Bailiwick of the
Forestership of Kannock of the King, and that King Henry on account of a
transgression of the said Hugh had taken the manor into his hands together
with the said bailiwick, but not as a forfeiture, and that the King had afterwards given back to the said Hugh his status in the manor for a fine of £100,
which he paid to the Exchequer.
And the said Richard and Philip stated for the King, that the manor of
Rodbaston was appurtenant to the Bailiwick of the Forestership of Kannock,
and that the said Richard had, Coram Rege, in 55 H. III. acknowledged that
Hugh his father had been deprived of the forestership, and they offered to
prove this by a jury. The Sheriff is therefore commanded to summon a jury
of twenty-four Knights and others of the vicinage for three weeks from
Easter. A postscript states that on the Tuesday after the Feast of St.
Lawrence the Martyr at Lychefeld in this year, the said Philip who sued for
the King appeared before Roger le Brabanzon and Reginald de Legh, and
likewise Richard son of Hugh, and a jury stated that one Margaret Crok (fn. 2)
formerly held the manor of Rodbaston by Serjeanty of the King's ancestor
for the custody of the Forest of Kanok, and that the said manor was appurtenant to the Forest ab antiquo, and that Margaret was in ward to King John,
who married her to one Hugh de Loges his Butler (Botilario suo); and Hugh
had issue by her Hugh de Loges the father of the said Richard; who after the
death of the said Hugh and Margaret held it with the said bailiwick; and
that the said Hugh in the time of King Henry the King's father had taken a
stag in the said bailiwick, and was indicted for it before John Byset the
Justice Itinerant of the Forest; and he was convicted and put into prison,
and the said manor and Forestership were taken into the King's hands as a
forfeiture; and that King Henry was seised of the said manor as of fee and
of right for a year and a day, and that one Thomas the Earl (of Warwick)
afterwards stood bail for Hugh to produce him before the King's parliament,
at which parliament the said Hugh appeared and made fine with the King
for £100; and the King retained the bailiwick but gave up the said tenements to Hugh, and a writ was issued addressed to John Byset to retain in
his hands the said bailiwick, and to deliver to Hugh seisin of the said tenements, and this was done according to the tenor of the writ.
Upon this a day was given to all the parties to hear judgment on the
morrow of All Souls, on which day the parties appeared, and one Elizabeth
the wife of Richard son of Richard came and stated she was enfeoffed conjointly with Richard her husband of the said tenements, and she produced a
deed to that effect, and stated she was so enfeoffed at the date of the writ,
viz., 10th July, 18 E. I., and that the said Richard her husband had ficte
defended her right, and he wished by collusion and by the enervationem of her
right to lose the said tenements, and she prayed that she might be admitted
to defend her right according to the form of the Statute, and she gave security
to answer to the King for the produce of the said manor for the half-time
(medio tempore), and to make no waste therein, by Ralph Basset of Draycote
(sic, Drayton), Knight, who stood bail for her; and because the Justices were
unwilling to proceed in the matter of admitting Elizabeth into the process
without the presence of Philip de Montegomeri who sued for the King,
a day was given to her at the Octaves of Hillary, on which day the parties
appeared and a day was given to them at the Quindene of Easter; and the
Sheriff was commanded that if the said Philip was in prison to cause him to
appear in safe custody at the said term, and if he was out of prison to summon
him to appear by two freemen, etc., on which day Philip de Montegomeri
came out of prison by command of the King, and Elizabeth and Richard
son of Hugh de Loges likewise appeared, and Philip stated that notwithstanding the deed which Elizabeth produced, Richard her husband had
entered alone into the said manor and had had seisin of it until now without
Elizabeth having any other status in it than that of a wife living with her
husband. Elizabeth appealed to a jury, which was summoned for the
Octaves of Trinity, and William Tromwyne, Robert de Knitelee, Knights, and
Michael de Morton, Roger de Playford, Robert de Wiston, and Adam de
Marlowe, the witnesses named in the deed, were summoned for the same
date ad certificandum. Afterwards at the Quindene of St. Michael, 21 E. I,
the parties appeared, and twelve jurymen made up of the witnesses to the
deed and other Knights, etc., stated that Richard son of Richard and Elyzabeth
his wife were conjointly enfeoffed of the said manor at the date the writ was
sued out; the suit therefore, so far as the present writ is concerned, is dismissed,
and Richard de Breteville is told to sue for the King by another writ. m. 19
Staff. Elias de Tynchwyk, Henry de Hunhull, John Grym, William
Basset, (fn. 3) Richard Pes, Benedict la Warde, Robert Kynge, Henry Hentas, and
three others named, were attached to answer to the King, that after the death
of William de Kareswelle the lord of the Castle of Kareswelle (Caverswall), they
had impeded William de la More the subeschaetor of the King in co. Stafford
from entering the said Castle and taking it into the hands of the King
according to the command given to him by the King, so that the mandate of
the King could not be executed, to the contempt of the King, etc.
Elias and the other defendants appeared and denied they had impeded the
subeschaetor as stated, and appealed to a jury; and the Sheriff was ordered to
summon a jury of twenty-four for three weeks from Easter. And Theobald
de Verdun, Simon Basset, and Ralph Basset stood bail for the defendants to
produce them at the said term; and William Basset afterwards appeared and
acknowledged that he was present at the disturbance, and offered 100s. for
his release from prison (pro redemptione corporis sui) by the pledge of John de
Hastingge; and reference is to be made meanwhile to the King (et interim
loquendum est cum Domino Rege). And the King accepted the said fine. A
postscript adds that at the Quindene of Michaelmas. 21 E. I., the defendants
excepting Henry Hentas appeared, and Richard de Breteville appeared for the
King; and William Tromwyne, John de Herunville, Benedict de Botredon,
William de Chetelton, William Poterel, Peter de Jonestone, Thomas de
Wytinton, William de Moseleye, Robert Gervase, Richard de la Bolde, Robert
de Okovere, and Robert de Kneytleye, twelve jurors appeared and stated
that William de Caveswell, who died about the Feast of St. Swithin, 20 E. I.,
held the said Castle of Careswelle of Theobald de Verdun in capite on the
day he died; and after his death the said Theobald sent the said Elias and
the others to take seisin of the castle in his name as capital lord, saving the
rights of others; and he did this principally because the Earl of Arundel was
about to take possession of the castle; and William de Mere, the subeschaetor
of the King, came to take the said castle into the King's hands; and Elias and
the others who were then in the castle told the subeschaetor they would
willingly permit him to enter into the castle and to remain there with the
men of the said Theobald, but William refused to stay there unless Elyas and
the others left the castle, and they then asked the subeschaetor for a delay of
three days that they might communicate with the said Theobald, which the
subeschaetor conceded; and then the said Elias, Henry de Hunhull and Ralph
de Oldrugge departed from the castle, and did not come back to it; and Elias
on his departure said to John Grym and the others who remained in the
castle that it would not be right to hold the castle against the subeschaetor
when he came back, and Theobald on hearing of the matter sent word to
those remaining in the castle that they were to permit the eschaetor to enter,
and take seisin in the name of the King, so long as one of them remained
there in his name, and he did this out of fear of the arrival of the Earl of
Arundel, and not in derogation of the King's right. And at the end of the
three days the eschaetor came back to the castle and wished to take it into
the hands of the King, and John Grym and the others who remained in the
castle told him that he could freely enter and take possession so long as one
of them remained with him in the name of Theobald (the rest is totally illegible
from wear and tear). m. 1, dorso.
Coram Rege Roll, Easter, 20 E. I.
Staff. Richard de Pres sued Gilbert de Crosford, Hugh son of Agnes de
Salt, and Hugh son of Peter de Salt for beating, wounding and illtreating him
at Hopton on the Saturday before the Feast of the Purification, 20 E. I., so
that his life was despaired of. Gilbert appeared and denied the injury, and
appealed to a jury, which is to be summoned for the Octaves of Trinity.
The others to be attached to appear at the same time. m. 4.
Staff. Writ of fieri facias to levy 20s. from the lands and chattels of
Elena widow of Walter de Rydewarehamstal owing to John de Cave, part
of a yearly payment she was bound to render to him by a recognizance made
in Court 19 E. I. (fn. 4) m. 13.
Coram Rege Roll, Michaelmas, 20—21 E. I.
Warw. Magister Adam de Bodyngdon was sued by Robert de Okovere
and Alice his wife in a plea that against the King's prohibition he had sued
them in Court Christian respecting the advowson of the third part of the
Church of Fraunketon. The pleadings state that Ralph de Fraunketon
formerly patron had conveyed the manor of Fraunketon to one Roger de
Elmhale the brother of Alice; and Roger afterwards conveyed it to Ralph and
Alice who was then wife of the said Ralph. A verdict had been given in
Banco at Easter, 18 E. I., in favour of Robert and Alice, damages 100s., but
the proceedings being moved into this Court by writ of error were quashed,
and Robert and Alice were ordered to refund the 100s. m. 39.
Banco Roll, Michaelmas, 20 E. I.
Staff. Writ from the King, commanding the suit of the King versus
John son of John fitz Philip to be removed and heard before the next
Parliament after Easter. m. 6.
Staff. The Prior of St. Thomas outside Stafford appeared by attorney
against Robert de Bek the son (fn. 5) of Richard de Draycote in a plea that he
should warrant to him a messuage and a rent of 2s. in Tene and Chekkeleye
and the advowson of the Church of Chekkeleye which he holds and claims to
hold of him, and for which he has the deed of Richard de Draycote the father
of Robert, whose heir he is. Robert did not appear, and is to be attached for
the Octaves of Hillary. m. 52.
Staff. William son of Adam de Chetewynd appeared against John son of
John fitz Philip, Roes Pantulf of Cublesdon, and Robert Burnell the Bishop
of Bath and Wells in a plea that the said John should warrant to him the
third of a messuage, a carucate of land, and fifteen acres of wood in Berleweston (Barlaston), and in a plea that Roes should warrant to him a third of a
messuage and fifteen acres of heath in Cubleston, and that the Bishop should
warrant to him a third of a rent of 16 marks in Hilderston, which Joan
formerly wife of John de Chetewynd claimed as dower in this Court. The
Sheriff returned the writ reached him too late, and another day is given to
the parties at the Quindene of St. Martin. m. 71.
Staff. Robert Bek was summoned by Margaret Trussel in a plea that he
should permit her to present a fit person to the Church of Chekelegh, which is
vacant, and of which the advowson belongs to her; and she stated that one
Gilbert Bek held the manor of Tene to which the advowson of the Church of
Chekelegh is appurtenant; and Gilbert presented to the Church one Robert
his Clerk, who was admitted and instituted in the time of King Henry the
King's father, and after the death of Gilbert the third part of the manor
excepting the advowson of the Church was assigned in dower to one Alianora
formerly wife of Gilbert, and two parts of the manor and the advowson of
the Church remained to Gilbert the son and heir of Gilbert, and the advowson
of the Church of Tene was assigned to Alianora in dower in allocation of her
dower in the advowson of the Church of Chekelegh; and Gilbert the son, who
was formerly husband of Margaret, died without leaving issue; and after his
death one Robert entered into the two parts of the manor as uncle and heir
of Gilbert, and Robert assigned to Margaret in dower a third part of two
parts of the said manor together with a third part of the advowson of the
Church of Chekelegh; and Robert the uncle presented to the Church one
Geoffrey his Clerk in the time of King Henry, who was admitted and instituted;
and after the death of Robert the uncle, one Lettice succeeded to him as
daughter and heir, who was under age and in ward to William Wyther, and
who as custos in the name of the heir presented to the Church one Roger his
Clerk in the time of the present King, and who was admitted and instituted;
and after whose death the Church became vacant; and as the heirs of Gilbert
had twice presented to the Church, it now pertained to her by reason of her
dower to make the next presentation, and the said Robert impeded her from
making it, and for which she claimed £100 as damages.
Robert Bek stated that a third part of the manor of Tene was assigned to
Alianora formerly wife of Gilbert as her dower without any exception, and
Alianora survived Gilbert her son and held the said third part as dower on
the day that Gilbert her son died, and this he was prepared to prove, and he
prayed for judgment whether Margaret by reason of holding in dower the
third part of two parts of the said manor, to which manor the whole of the
advowson is appurtenant, could claim to present. Margaret appealed to a
jury, which is to be summoned for the Octaves of St. Martin. m. 115.
Staff. Geoffrey de Gresley is in misericordiâ for various defaults. The
said Geoffrey was summoned by Roger son of Ralph de Aston in a plea that
he should warrant to him nineteen acres of land in Huttesdon (Hixon) which
he holds of him, and for which he has his deed, and he stated that one Robert
son of John having sued him for the tenements in 19 E. I. before Reginald
de Legh and Hugh de Cave at Tamworth, the said Geoffrey had refused to
warrant them to him, and for which he claimed 40s. as damages. Geoffrey
now appeared and acknowledged the claim to warranty, and is in misericordiâ
because he had at first disputed it. m. 212.
Staff. Emma formerly wife of Bertram de Burgo appeared against
William Bagot in a plea that he should warrant to her forty acres of land, and
half of three acres of wood in Legh near Bylington, which Roger son of
Milisent claimed. William did not appear, and the Sheriff is ordered to
summon him for a month from Easter. m. 274.
Staff. The Prior of Runton (Ranton) appeared against Adam son of
Adam de Brumpton and Mary his wife in a plea that they should permit him
to take timber for the repair of his mill at Horslowe. The defendants did
not appear, and the Sheriff is ordered to produce them at the Quindene
of Easter. m. 296.
Staff. The suit between Geoffrey de Chamvill and Richard de Venun sic
(Vernon) for two and a half acres of meadow in Clifton Chamvill is to remain
sine die, because Richard is in prison at Appelby in co. Westmerland.
Cancia, Oxon., Salop., Staff., Heref. Magister Robert de Fileby was
summoned by the executors of the will of Magister Adam de Fileby in a
plea that he should render to them an account for the time he was bailiff of
the said Adam in Estcote, Erdington, Underdon, Berstonesham, Stafford,
and other places named; and the executors stated that Robert had been
Adam's bailiff at Estcote in co. Oxon, which was worth £40 annually, and in
Erdinton co. Salop, worth 20 marks, and for the Archdeaconry of Salop, worth
£30, and for the prebend of Berstonesham, co. Hereford, worth £20, and in
Brochampton in the same county, worth 100s., and in the manor of Wolvinehop
in the same county, worth £30, and in the manor of Upton in the same county,
worth 6 marks, and in Retyr in the same county, worth 8 marks, and in the
prebend of Merston, and two carucates of land in Wytegrave in co.
Stafford, worth 10 marks annually, and in the Church of the Castle of Stafford,
worth 40 marks, and in the mills of Henry Wymer (fn. 6) in the same county,
worth 40 marks, and in the prebend of Philip le Power in Stafford, worth
100s., and in the prebends of John de la Rye and Henry de Mallyng
in the same vill worth 8 marks and in the prebend of Ralph de Oxonia in the
same vill, worth 4 marks, and in the prebend of the Deanery of Stafford in the
same vill, worth 8 marks, from the Feast of St. Michael, 10 E. I., until the
same Feast in 14 E. I.
Magister Robert appeared and denied he had been bailiff of Magister
Adam at the places named, and appealed to a jury. The Sheriff of each
county specified is ordered to summon a jury for the Quindene of Easter.
m. 386, dorso.
Staff. Robert de Bek sued Richard de Draycote for causing waste and
destruction in the inheritance of Robert in Tene, which Richard holds by the
courtesy of England. Richard did not appear, and is to be attached for three
weeks from Easter. m. 197, dorso.
Staff. Margery Trussel was summoned by Richard de Draycote in a plea
that she impeded his presentation to the Church of Checkelegh. Richard
stated that one Gilbert Bek held the manor of Tene to which the advowson
was appurtenant, to whom succeeded Gilbert his son and heir, after whose
death Robert entered as uncle and heir, and presented to the Church one
Geoffrey his Clerk in the reign of King Henry the King's father, who was
admitted and instituted; and to him succeeded Letitia as his daughter and
heir, who was under age and in ward to William Wyther, who presented one
Roger in the name of the said Lettice in the reign of the present King, who
was admitted and instituted; and at whose death the Church became vacant;
and he claimed that the presentation belonged to him because he had married
the said Lettice and had had children by her, and he now holds the said
tenements by the courtesy of England. (fn. 7)
Margaret Trussel denied Richard's right to present, and pleaded as in her
previous suit against Robert de Bek. The case was adjourned to the Octaves
of St. Martin, on which day all the parties to the various suits appeared in
Court, and Margaret and the Prior and Robert conceded that Richard de
Draycote should present hac vice, and Richard gave to the King 40s., and a
mandate was sent to the Bishop quod non obstante, etc.; and upon this the said
William Wyther and Orabella his wife appeared and stated that they held
the fourth part of the manor of Tene to which the advowson was appurtenant
as dower of the said Orabilla, and claimed their turn to present; therefore as
to that matter let it be allocated to her so far as right, etc. (ideo quo ad hoc
allocetur ei quod de jure, etc.). m. 115, dorso.