De Banco. Trinity, 11 E. III. Apud Ebor.
Staff. Isabella Skoyth sued Richard Dalicote and Margery his wife, for
half a messuage and half a virgate of land in Morf, as her right and reasonable purparty. The defendants did not appear, and the Sheriff was ordered
to take the said moiety into the King's hand and to summon them for the
Morrow of All Souls. m. 10.
Staff. The essoin of Jordan de Piwelsdon sued Roger son of Richard le
Clerk, of Eccleshale, in a plea that he should render an account for the time he
was his bailiff at Abbaston and receiver of his money. Roger did not appear,
and the Sheriff returned he held nothing within his bailiwick. He was
therefore ordered to arrest and produce him at the Octaves of Michaelmas.
Staff. Isabella, formerly wife of William de Chetwynd, sued Robert de
Birchull, for a third of a messuage and four acres of meadow and half a virgate
of land in Berleston, and she sued William Gryffyn for a third of four acres
of land in Colton, and she sued John Bagot for a third of four acres of
meadow in Severley as her dower. None of the defendants appeared, and
had previously made default, and the dower claimed had been taken into the
King's hand. Isabella therefore recovers it by their default. m. 39.
Staff. The jury summoned to make recognition into the right of William
de Hampton, Prebendary of the prebend of Willenhale, in the church of St.
Peter of Wolvernehampton, to four acres of land and an acre of meadow in
Wolvernehampton, which the said William had recovered against Simon
Levesone, of Willenhale, senior, and Geoffrey Levesone, of Willenhale, by
their default, as the right of his prebend, and which fell to him as an escheat,
inasmuch as Andrew, son of Thomas le Brenner, of Willenhale, who held the
tenements of Thomas de Leghe, formerly Prebendary of the said prebend, by
certain service, had committed a felony for which he had been hanged, was
respited till the Octaves of Michaelmas, unless Roger Hillary should first come
to Lichfield. m. 39, dorso.
Staff. Emma, formerly wife of Robert, son of Ralph de Pype, sued Thomas
de Tomynhorn for the third of a messuage, and a virgate and six acres of
land, six acres of meadow, and six acres of pasture, and six acres of wood in
Tomynhorn (Tamhorn) as her dower. Thomas prayed a view and the suit was
adjourned to the Quindene of Easter. m. 49.
Staff. Isabella, formerly wife of William de Chetewynde, sued Geoffrey
Biron for a third of two messuages, sixty acres of land, eight acres of
meadow, and twenty-four acres of pasture in Bidulf as her dower. Geoffrey
appeared by attorney and called to warranty John Bagot, Chivaler, who is to
be summoned for the Octaves of Michaelmas. m. 41.
Staff. Malcolm le Wasteneys, Chivaler, sued Geoffrey le Botiller and Joan
his wife, and John, son of the said Joan, for cutting down his trees, vi et armis,
at Tixale, to the value of 100s. The defendants did not appear, and the Sheriff
was ordered to distrain and produce them at the Octaves of Michaelmas.
m. 118, dorso.
Staff. Thomas, son of William de Morteyn, sued Isabella, formerly wife of
Robert de Stepelton, for the manor of Great Barre, which Robert de Barre
had given to Roger de Moretyn and Isabella, his wife, and heirs of their bodies
and which after the death of the said Roger and Isabella, and of William son
of the said Roger and Isabella, ought to descend to the said Thomas, as son of
William, kinsman and heir of the said Roger and Isabella, by the form of
gift; and he stated that the said Roger and Isabella were seised of the manor
temp. E. I, and from them the right descended to him as above stated.
Isabella appeared by attorney, and defended her right, and pleaded she
was not in possession of the entire manor, because one William de Bermyngham, Chivaler, held the advowson of the church of Alrewych (Alldridge) and
one Philip de Stepelton held two water mills, and Richard le Chaumberleyn
held six acres of land within the manor, and they held them at the date of the
writ, viz., on the 20th March, 10 E. III. As Thomas could not deny this
the suit was dismissed. m. 162.
Staff. Matilda de Hodenet, appeared by attorney against Magister
William de Apeltre, Odo de Hodenet, (fn. 1) and Margaret his wife, in a plea that
whereas the King had forbidden the said Odo and Margaret to prosecute a
suit against her in Court Christian before the said William, for not providing
them with competent sustenance, in food and clothing, according to the status
of the said Odo and Margaret, they had nevertheless prosecuted the same
plea against her against the tenor of the King's prohibition. The defendants
did not appear, and the Sheriff had been ordered to attach them, and returned
they held nothing by which they could be attached. He was therefore
ordered to arrest and produce them at the Quindene of Michaelmas. m. 170.
Staff. Richard, son of John de Mulewyche, appeared by attorney against
Ralph, son of John de Grendon in a plea that he should warrant to him the
third of a messuage, a virgate of land, and four acres of meadow in Mulewyche (Millwich), which Alianora, formerly wife of Richard del Hay, of
Mulewyche, claimed against him as dower. Ralph did not appear, and the
Sheriff was ordered to take into the Kings hand land of Ralph to the value of
the dower claimed and to summon him for a month from Michaelmas. m. 182.
Staff. Hugh le Rydere, of Allerwych, sued John de Swynford, Chaplain,
for entering, vi et armis, his close at Allerwych, and taking five young
sparrow hawks worth 10s. and other goods and chattels to the value of 40s.
John did not appear and the Sheriff was ordered to arrest and produce him
at the Octaves of Michaelmas. m. 187.
De Banco. Mich., 11 E. III.
Staff. Malcolm de Wasteneys, Chivaler, sued Geoffrey la Bottiller, Joan
his wife, and John son of the said Joan, for forcibly cutting down his trees
at Tixhale, to the value of 100s. The defendants did not appear and the
Sheriff returned two sums of 20d. as proceeds of a distress levied on their
goods. He was therefore ordered to distrain again and produce them on the
Octaves of Hillary. m. 22, dorso.
Staff. Joan, formerly wife of Alan de Audeleye, sued Petronilla formerly
wife of William Sherard, for a third of a rent of 15s. in Grendon (Grindonon-the-Moors) which she claimed as dower. Petronilla did not appear, and
the Sheriff was ordered to take the dower claimed into the King's hand, and
to summon her for the Morrow of All Souls. m. 30.
Staff. John de Honesworth, Parson of the church of Clent, sued Philip
Aust, of Swynefen, for taking his goods and chattels at Burton to the value
of £10, and beating, wounding, and illtreating his servant Richard Squier so
that he lost his services for a long time. Philip did not appear, and the
Sheriff had been ordered to distrain, and returned the writ reached him too
late. He was therefore ordered as before, to distrain and produce the said
Philip at the Octaves of Hillary. m. 75, dorso.
Warw., Ebor, Northumb. Magister John de Somerville, Parson of the church
of Benton, William de la Chaumbre, Chaplain, and William Fraunceys and Agnes
his wife appeared by attorney against Philip de Somerville, brother and heir
of Roger de Somerville, in a plea that he should warrant to the said John,
one third of the manor of Burton Annays (Burton Agnes) excepting a
messuage, five bovates of land, an acre of meadow, and 20s. of rent in the said
manor, in co. Ebor, and to warrant to the said John the third of ten messuages,
fifteen bovates and twenty acres of land, a rood of meadow, and 9s. 1d.
of rent in Thirnum, in the same county, and to warrant to the said William
de la Chaumbre, the third of two bovates of land in Burton Annays, and to
warrant to the said William and Agnes the third of a messuage and three
bovates of land, and an acre of meadow, in the same vill, which Agnes
formerly wife of Roger de Somerville claimed as dower. The defendants did
not appear, and the Sheriff was ordered to take into the King's hand land
belonging to them to the value of the dower claimed, and as the value was
not known, the Sheriff of co. York, was ordered to appraise it on the oath of a
jury, and to return the Inquisition into court on the Quindene of St. Michael.
A postscript states that at that date the Sheriff made no return, and he was
ordered to make the return at the Quindene of Hillary. m. 270, dorso.
Staff. Robert, son of Philip de Stepelton, sued Baldwyn de Stepelton
and Nicholas de Alrewych for a messuage, three carucates of land, twenty
acres of meadow, sixty acres of wood, sixty acres of pasture, 200 acres of
heath, and 20s. of rent in Great Barre and Waleshale, as his right and inheritance, and in which the said Baldwyn and Nicholas had no entry except by a
disseisin which Robert de Stepleton had unjustly made of Philip his father;
and he stated that his father Philip was seised of the tenements in demesne
as of fee temp. E. II. The defendants denied that the said Philip had been
unjustly disseised and appealed to a jury, which is to be summoned for the
Quindene of Hillary. A postscript states that the process was continued till
Easter 13 E. III, when a writ of nisi prius was issued, and it was heard
before Roger Hillary, with whom was associated Ralph Basset, of Drayton,
Knight, and a jury stated that the said Philip had been disseised unjustly by
Robert de Stepelton. Robert, son of Philip, thereupon recovered seisin of the
tenements. m. 311.
Staff. Isabella Skeyth recovers half a messuage and half a virgate of land
in Morf, as her reasonable purparty, in a suit against Richard de Dalicote
and Margaret, his wife, the defendants making default. m. 418.
Staff. Henry Coppe, of Haunton, sued William de Stretton, of Clyfton,
for six acres of land in Haunton, as his right and inheritance, and in which the
said William had no entry except through Geoffrey de Stretton, to whom
Ralph Coppe, his grandfather, had demised the tenements when he was non
compos mentis sue, and he stated that the said Ralph was seised of the tenements temp. E. I., and from him the right descended to one William, as son
and heir, and from William to Henry the plaintiff as son and heir. William
called to warranty John de Stretton kinsman and heir of Geoffrey, who was
under age, and the suit was to remain till the full age of the heir. m. 524.
Staff. Thomas Dene and Avice his wife, and Thomas le Smyth, of Snytenfeld, and Joan, his wife, sued William de Aston and Margaret his wife,
and John de Aust and Philip, his brother for a messuage and a carucate of
land in Longedon, which William de Newton had given to Thomas de Elmhurst
Joan his wife, and their issue, and which after the death of the said Thomas
and Joan should descend to the said Avice and Joan, as daughters and heirs
of the said Thomas de Elmhurst and Joan his wife, and they stated that
Thomas de Elmhurst and Joan were seised of the tenements in demesne as
of fee, temp. E. I. The defendants appeared, but the plaintiffs being
solemnly called did not appear and the suit was dismissed. m. 512, dorso.
Staff. Robert de Grendon sued John de Rocheford for the manor of
Shenstone, which Philip Burnel had given to Ralph, son of Ralph de Grendon and Joan his wife, and their issue, and which should descend to him as
their son and heir, and he stated that the said Ralph and Joan were seised of
the manor in demense as of fee by the gift of the said Philip temp. E. I.
John appeared and admitted the seisin of the said Ralph as stated by
Robert. Robert de Grendon is therefore to recover seisin. m. 446, dorso.
Warw. Robert de Grendon sued John de Rocheford for the manor of
Grendon, which Philip Burnel had given to Ralph, son of Ralph de Grendon,
and Joan his wife, &c., as before. John admitted the seisin of Ralph, and
Robert recovers seisin. m. 446, dorso.
Staff. Joan, daughter of John le Fremon, of Hyntes, sued Alice,
daughter of Richard le Clerk, of Hyntes, and Thomas, son of Alice, for a
messuage, forty-four acres of land, and six acres of meadow in Hyntes, by
writ of formedon. The defendants called to warranty Richard de Blithefeld, who appeared in court and warranted the tenements to them, and the
suit was adjourned to the Octaves of the Purification. m. 380, dorso.
Assizes taken at Pencrych before William de Shareshulle
and other Justices on the Wednesday after the Feast
of St. Lucy the Virgin. 11 E. III.
Staff. An assize, &c., if Adam de Chetewynde and Adam his son, and Robert
de Slyndon, had unjustly disseised Eva, daughter of William de Chetewynde,
of a messuage and forty acres of land and seven acres of meadow in Colton,
Blithefield, and Admundeston (Admaston). None of the defendants appeared,
and the assize was to be taken in their absence, but was adjourned to
Lychefeld through defect of recognitors. m. 5.
Staff. An assize, etc., if Roger Selymon and Robert his son, Roger
Cogan, Henry de Tytnesore, Roger Wryde, Roger Snel, and Hugh his son,
Magister John le Rotour, Philip de Salt, and John his son, John le
Goldsmyth, and eleven others named, had unjustly disseised Ralph de
Stafford, Chivaler, of thirty acres of meadow, and ten acres of pasture in
Bradeleye. None of the defendants appeared, and the assize was taken in
their absence. The jury stated that Roger Selymon and the other defendants
had disseised the said Ralph, vi et armis, and they assessed his damages at
£190. The said Ralph is therefore to recover seisin, and the Sheriff was
ordered to arrest the defendants. A postscript states the defendants
appeared at Easter before the Justices and made fine with the King for the
said disseisin at 20d. each. m. 5.
Staff. An assize, etc., if John de Aldenham and John his son, had
unjustly diverted the course of a certain water in Covene, to the injury of
the freehold of Roger, the Bishop of Coventry and Lichfield, in Brewode.
The Bishop by Adam le Arblaster, his attorney, stated that whereas a certain
water called Covenebrok and another called Sarebrok, used to flow directly
to his mill at Brewode, and by which mill and with which flow of water he
used to grind day and night thirty quarters of each kind of corn; the
defendants had lately diverted the course of the water of Sarebrok by a
trench, so that the water now flowed direct to the mill of the said John de
Aldenham in Covene, where it was so impeded and retained by the mill dam
of the said mill, that the water no longer flowed to the mill of the Bishop,
except at certain times, and at the will of the said John, and by which the
Bishop's mill would no longer grind more than six quarters of each kind of
corn working day and night. The defendants did not appear, but one
William Jones answered for them as Bailiff, and denied that they had diverted
the water of Sarebrok, or done any injury to the Bishop, and appealed to a
jury. The jury found that the defendants had diverted the water and
assessed the damages at 100s. It was therefore considered that the
nuisance should be entirely removed and the course of the Sarebrok water
restored to its ancient channel at the cost of the said John, and
by the view of the recognitors of the assize. A postscript states that
afterwards on the Vigil of St. Michael 16 E. III., the King sent to the said
William de Shareshull, directing him to transmit the record and process of
the said assize with everything relating to it, to be heard Coram Rege at the
Quindene of St. Michael next following. m. 5.
Staff. An assize, etc., if Richard de Coven and Juliana, his wife, and John,
son of the said Richard and Juliana, and William, son of Clement de Willenhale, had unjustly disseised Robert de la Lone, of Hampton, of a messuage in
Wolvernehampton. Richard and Juliana answered as tenants, and conceded
the assize. The Jury stated that the said William, son of Clement, was
formerly seised of the tenement and gave it to the said Robert de la Lone, the
plaintiff, and delivered seisin of it to him, on condition that he should grant it
to the said William and to Petronilla the sister of the said Robert, to be held
by them and the heirs of their bodies, and after the said Robert had obtained
seisin of it, he refused to enfeoff the said William and Petronilla in it, and the
said William had entered into it for that reason, and they prayed the instruction of the Justices; and the jury being asked if the said Robert held any
other status in the messuage than as above described, answered in the negative.
And as it appeared by the assize that the said Robert had no seisin of the
messuage except conditionally, the suit was dismissed, and he is in misericordiâ
for a false claim. m. 6.
Staff. An assize, etc., if Robert son of Ralph de Grendon, James de
Stafford, Chivaler, Hugh de Meygnil, Chivaler, Osbert de Hynkeleye, John
de Rocheford, Henry Danvers and Philip his son, and John le White, of
Waverton, had unjustly disseised Roger de Chetwynd, Chivaler, and Joan, his
wife, of the third part of the manor of Shenstone. The defendants did not
appear, but one John le Grom answered for them as their Bailiff and prayed
that the close writ might be read, and it appeared that in the clause
"post primam transfretationem" the word "transfretationem" was written
tnffr in place of t[a]nffr. The suit was therefore dismissed. (fn. 2) m. 6.
Staff. An assize, etc., if Robert son of Ralph de Grendon and the same
defendants, had unjustly disseised Alice, formerly wife of Philip de Chetwynde
Chivaler, if a third part of the manor of Shenstone. The defendants appeared
as before by John le Grom, who took the same exception to the writ, and the
suit was dismissed. m. 6.
Staff. An assize, etc., if Thomas de Wasteneys and Adam de Ruggele had
unjustly disseised Roger, the Bishop of Coventry and Lichfield, of ten acres
of land in Ruggele. The defendants did not appear, but one Geoffrey Cok
answered for them as their Bailiff, and the said Thomas answered as tenant,
and stated that the land in question was soil covered with the river Trent,
and that the course "filum" of that river, was the boundary between Ruggele
and Colton, and that five acres of the land were in Colton and not in Ruggele,
and he prayed judgment on the writ on that ground, and if it was given against
him he stated that William de Wasteneys, his father, and whose heir he is, was
seised of the said five acres and had died seised of them, and he had entered
into them as his son and heir, and as regarded the other five acres, they were
situated in Ruggele, and the vill of Ruggele was of ancient demesne of the
King where no writ would run but the lesser writ of right, and he prayed
judgment on that ground.
The Bishop stated that the manor of Ruggeleye was formerly in the seisin
of King Richard, and at that time the land in question was part of the demesne
lands of the manor and in the hands of the King and sueable at common law,
and not of inferior tenure sueable only by writ of right, and the said King
had given the manor to his predecessor, Hugh Nonaunt, to be held by him and
his successors, and that the land was a free fee, and sueable at common law.
The Jury stated that the ten acres of land in question were in Ruggeley, and
not in Colton and were sueable at common law, and they found in favor of the
Bishop and assessed his damages at 5 marks. m. 6, dorso.
Assizes taken at Stafford before William de Shareshulle
and Roger Hillary, Justices of the King, assigned to
take all assizes, jurates, and certificates, before
whatever Justices they were arraigned, together with
John de Peyton, senior, on the Saturday after the
Feast of St. Matthew the Apostle, 12 E. III, the
presence of the said John not being expected by
virtue of the King's writ which follows.
(Here follows the King's writ appointing William de Shareshull, Roger
Hillary and John de Peyto, senior, or any two of them, Justices to take all
assizes, etc., in the counties of Salop, Stafford, Hereford, Wygorn, and
Gloucester, before whatever Justices they had been arraigned, dated from
Tame, 8 Nov., 11 E. III.
Staff. An assize, etc., if Thomas de Venables, of Aston near Stone, and
Emma his wife, Roger de Pulton, Chaplain, Thomas Huddeson, Robert atte
Cros, William de Melbourne, and Adam son of William de Hondesacre, had
unjustly disseised Gilbert de la Bruere of twenty acres of land, ten acres of
meadow, five acres of wood, and five acres of pasture in Hondesacre. Thomas de
Venables and Emma appeared and the other defendants made default, and
the assize was taken in their absence. Thomas and Emma denied any injury
to the plaintiff, and appealed to a Jury, which found that all the defendants,
except the said Emma, had unjustly disseised the plaintiff of the tenements
in question and they assessed his damages at £10. Gilbert afterwards
remitted his claim to damages. m. 4.