De Banco. Easter, 12 E. III. Apud Ebor.
Staff. Richard, son of Richard Alsopp, and Margaret, his wife, appeared
by attorney against Richard de Okovere, of Shene, in a plea that he should
warrant to them half of four acres in Alsopp, in co. Derby, which Agnes,
sister of Matilda, wife of Henry son of Thomas del Bothe claimed against them.
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 tenements claimed, and
as the value was not known, the Sheriff of co. Derby was ordered to appraise
it on the oath of honest men and to send the extent into Court at the Octaves
of Trinity. m. 1.
Staff. Alice, formerly wife of Robert le Rotour of Stafford sued Ralph Basset
of Chedle and Joan his wife for a third of a messuage and sixty acres of land,
eight acres of meadow and 5s., of rent in Dulverne as her dower. Ralph and
Joan appeared by attorney and prayed a view, and the suit was adjourned to the
Morrow of St. John the Baptist. m. 90.
Staff. The Sheriff had been commanded to take with him four discreet
Knights of his county, and in propriâ personâ suâ proceed to the court of Tetenhale, and in full court there cause to be recorded the suit which was before the
court by the King's lesser writ of right, between Roger, son of Roger atte
Blakeleye, near Wrottesleye, plaintiff, and Walter, son of John de Perton, tenant
of a messuage, sixteen acres of land, and an acre of meadow in Tetenhale, and to
return the record under his seal into Court at this term, and to summon the
parties for the same date. And the said Walter appeared by attorney but
Roger did not appear, and the Sheriff now returned that he had gone in person
to the said court and had taken with him four discreet and lawful Knights, and
the suitors (sectatores) of the court had refused to make a record. He was therefore ordered as before to proceed to the court and return the record at the
Quindene of Trinity, and because the Sheriff, Simon de Ruggeleye, made no
mention in his return that he had summoned the parties, he is in misericordiâ
and was fined half a mark. m. 157.
Staff. Robert de Ferrars sued Matilda, formerly wife of Robert de Holand,
for the manor of Yoxhale as his right and inheritance, and in which the said
Matilda had no entry except through Thomas, formerly Earl of Lancaster, to
whom Edmund, formerly Earl of Lancaster, had demised it, and who had
intruded himself into it after the death of Margaret, formerly wife of William
de Ferrars, who held it in dower of the gift of William, her husband, the great
grandfather of the said Robert, whose heir he is; and he stated that the said
William was seised of the manor in his demesne as of fee, in the reign of King
Henry, the King's great grandfather, and from the said William the right
descended to Robert, his son and heir, and from Robert to John, as his son and
heir, and from John to the plaintiff Robert, as son and heir, and he produced
his proofs.
Matilda appeared by attorney, and pleaded she did not hold the entire
manor because one Robert de Haselyndene, held a messuage and twelve
acres of land of it, and as Robert could not deny this the suit was dismissed.
m. 167.
Staff. Henry de Teddesleye sued John de Freford and Robert, his son, for
an illegal distress in taking one of his colts. The defendants did not appear,
and the Sheriff was ordered to distrain and produce them at the Quindene of
Michaelmas, m. 174.
Staff. In the suit of Richard, son of John de Mulewych against Ralph,
son of John de Grendon, the Sheriff returned that Ralph held no lands or
tenements within his bailiwick, which could be taken into the King's hand,
and it was testified that, at the date of the writ, viz., in E. III, when Richard
called him to warranty, he held lands and tenements in Gayton and in Aston,
near Stone. The Sheriff was therefore ordered as before to take land belonging to Ralph of the value of the tenements in dispute, into the King's hand,
and to summon the parties for the Quindene of St. Michael, but the attorney
of the said Richard was told that he must prosecute the suit at his own peril,
"quod sequatur suo periculo." m. 174, dorso.
Staff. Richard de Blythfeld sued Robert de Luttlehay, of Colton, for
causing waste and destruction in his houses and woods in Colton, which he
had demised to him for the life of Robert, and he stated that he had demised
to the said Robert for his life the fourth part of the manor of Colton, and he
had caused waste and destruction by pulling down a sheep fold ("bercariam")
worth 20s., a piggery worth 20s., and by cutting down and selling 100 oak trees
each worth 3s., 60 arabes each worth 18d., and 18 apple trees worth each 2s.
The Sheriff was therefore ordered to proceed in person to the said houses and
woods and make inquisition on oath respecting the alleged damage, and to return
the Inquisition into Court on the Octaves of St. John the Baptist. A postscript
states that the Sheriff returned the inquisition at the Quindene of Michaelmas,
and it found that the said Robert had caused waste by destroying an ox stall
("boveriam") worth half a mark, and by selling 61 oak trees each .worth 15d.
four arabes each worth 4d., eighteen pear trees each worth 4d. It was therefore considered that the said Richard should recover seisin of the said tenements by view of the Jury who had made the inquisition and triple damages
according to the Statute, viz., £13 16s. 2d.
Staff. Benedicta, formerly wife of John de Chauldon, not appearing to
prosecute her plea against William, son of William de Bromleye, and Joan, his
wife, for a messuage and two carucates of land in Bukkenhale near Fenton,
the suit was dismissed. m. 245.
Staff. In the suit in which Geoffrey Biroun called John Bagot, Chivaler,
to warrant to him land in Bidulf which Isabella, formerly wife of William
de Chetwynde claimed as dower, John again made default, and it was therefore considered that the said Isabella should recover against Geoffrey, and
that Geoffrey should be compensated by the said John Bagot. m. 245, dorso.
Staff. Thomas de Wenge sued John de Wethales, of Fraunkeville, for a
debt of 15 marks. John did not appear and the Sheriff was ordered to attach
him for the Octaves of Michaelmas. m. 254.
Staff. John de Tunstall appeared by attorney against Stephen, son of
Adam de Brokholes, in a plea that he should carry out a covenant made
between him and Adam, son of Stephen de Brokhole, the father of the said
Stephen, whose heir he is, respecting seven acres of land in Bagotes Bromlegh.
Stephen did not appear, and the Sheriff was ordered to attach him for the
Octaves of St. Michael. m. 262, dorso.
Derb. Hugh de Gunston (fn. 1) appeared by attorney against John de Covene
and Lettiee his wife for causing waste and destruction in his houses in Bancwell
which he had demised to the said John and Lettice for the life of Lettice.
The defendants did not appear, and the Sheriff was ordered to distrain and
produce them at the Octaves of St. Michael. m. 262, dorso.
Staff. William de Merynton, the King's attorney, appeared against the
Archbishop of Dublin, the Dean of the Church of St. Michael of Pencriz, in a
plea that he should permit the King to present a fit person to the prebend of
Dunston in the said Church. The Archbishop did not appear, and the Sheriff
was ordered to distrain, and returned he held nothing, because all his lands and
tenements were in the King's hand, the King is therefore to recover the said
presentation. m. 276, dorso.
Derb. Walter de Rydeware and Joan his wife, Ralph de Shirleye and
Margaret his wife, Thomas de Swonland and Elizabeth his wife, William
Pygot and Isabella his wife, and Gracio le Palmere of Sondon and Juliana
his wife recover £100 damages against the Bailiffs of Queen Philippa in High
Peak for not recording the suit which was in the Queen's Court of the High
Peak, by the King's writ of right between Dionisia, formerly wife of Thomas le
Couners, plaintiff, and the said Walter and the others, tenants of seven
messuages, three bovates of land, etc., in Castelton, and which they had been
ordered to record and return into Banco. The Bailiffs were also to be apprehended for contempt of Court. m. 279.
Staff. Roes, formerly wife of Thomas de Eyton, sued Walter de Beysyn
for a third of sixteen messuages, three carucates of land, ten acres of meadow,
six acres of wood, twenty acres of marsh, and 60s. of rent, and the third of
two parts of a third part of a mill in Assheleye, and the third of two parts of
the advowson of the Church of Assheleye as her dower, of the dotation of
Thomas, formerly her husband. Walter appeared by attorney, and pleaded
that she ought not to have dower, for when she and her husband Thomas were
living at Hegh Ercalewe, in co. Salop, she had gone away "se elongavit" with
a certain William de Banbury, Chaplain, to Salop, and there lived with him
in adultery, and had never been reconciled with her husband during his life
time. Roes denied the accusation and appealed to a jury, which is to be summoned for the Octaves of St. John the Baptist. m. 285.
Staff. William de Sutton, of Warrewyk, and Margaret, his wife, sued
Christiana, formerly wife of Roger de Okovere, for a third of the manor of
Okovere, (Okeover) in Okovere, Matherfeld, Casterne, and Hum, excepting five
messuages, a carucate, and 100 acres of land, and four acres of meadow in the
said manor, and she sued Richard de Ocovere for a third of a messuage, a
carucate of land, and two acres of meadow in the same vills, and she
sued Richard de Methford, Parson of the Church of Blore, for a third of
a messuage, twenty acres of land, and an acre of meadow in the same
vill of Okovere, and she sued Alice le Budeles for a third of a messuage,
twenty acres of land, and half an acre of meadow in the same vill, and she
sued John de Snelleston for a third of a messuage, forty acres of land, and
of an acre of meadow in the same vill, and she sued William, son of Alice le
Budeles for a third of a messuage, twenty acres of land, and half an acre of
meadow in the same vill, as the dower of Margaret, of the dotation of John
de Ocovere, her former husband. The defendants appeared by attorney, and
Richard, as regarded the dower claimed against him, called to warranty
Richard, son of Robert de Ocovere, and Christiana and the other defendants,
for the dower claimed against them, severally called to warranty William the
Parson of the Church of Enefeld, who are to be summoned for the Octaves of
St. John the Baptist. Richard to be summoned in co. Stafford, and William
the Parson in co. Derby. m. 298.
Staff. Felicia de Holdich, who is of full age, sued Robert Benthales and
Eva, his wife, (fn. 2) for a mill, three acres of land, and three acres of meadow in
Knottun, which she had demised to the said Eva when she was under age,
and she stated she had been seised of the the tenements in demense as of fee in
the reign of Edward, the King's father. Robert and Eva pleaded that they
held the tenements conjointly with James, the son of Eva. Felicia replied
that at the date of the writ, viz., 12 Sept. 10 E. III, Robert and Eva were
sole tenants of the tenements, and appealed to a jury, which is to be summoned for a month from Michaelmas. A postscript states at that date the
Sheriff made no return, and the suit was adjourned to Hillary term. m.
298.
Staff. Joan, formerly wife of Alan de Audeleye, sued Petronilla,
formerly wife of William Sherard, for a third of 15s. of rent in Grendon,
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 Octaves of St. John the Baptist. m. 300, dorso.
De Banco. Trinity, 12 E. III. Apud Ebor.
Derb. Elizabeth, formerly wife of John de Ipstanes, Chivaler, sued Robert
Mold, of Twyford for a third of eight messuages and eight bovates of land in
Steynyston and Twyford as her dower. Robert called to warranty John, son
and heir of John de Ippestanes, who is to be summoned for the Quindene of
St. Michael, the summons to be made in co. Stafford. m. 59.
Staff. The suit between John de Myners, plaintiff, and Robert de Ferrars,
kinsman and heir of Robert de Ferrars fer a debt of 200 marks, is made a
remanet, the said Robert being in Scotland in the King's service, and having
letters of protection till Christmas, m. 83.
Staff. Warw. Isabella, formerly wife of Robert de Stepelton, sued
William le Deystere, of Bermyngeham, Chaplain, in a plea that he should
warrant to her the manor of Great Barre, in co. Stafford, excepting two mills,
six acres of land, and the advowson of the Church of Alrewych in the same
manor, which Thomas, son of William de Morteyn claimed as his right, and
the Sheriffs returned that the writs reached them too late. They are therefore ordered as before, and to summon him for the Octaves of St. Martin.
m. 139.
Staff. Nicholas de Ambryghton recovers four acres of land and an acre
of meadow in Lee, near Drengeton (Drineton) in a plea against Robert le
Hunte, of Uttokeshather and Felice, his wife, the defendants making default.
m. 162.
Staff. Malcolm de Wasteneys sued John Bagot in a plea that he should
acquit him of the service which Thomas de Wasteneys exacted from him for
the freehold he held of the said John in Colton, and of which John was
mesne tenant between them and ought to acquit him. John did not appear,
and the Sheriff was ordered to attach him for the Octaves of Michaelmas.
m. 222.
Staff. Alan, son of Philip, and Stephen Sweteman were attached to
answer the complaint of Richard de Thickenalre that they had taken and
impounded the cattle of his plough at Thickenalre, viz., five oxen, in 10 E.
III, against the Statute. Alan and Stephen appeared by their attorney, and
denied any injury to the plaintiff, and appealed to a jury, which is to be
summoned for three weeks from Michaelmas, m. 267.
Staff. Joan, daughter of John le Fremon, of Hyntes, sued Richard de
Blithefeld (whom Alice, daughter of Richard le Clerk of Hyntes, and Thomas,
son of Alice had called to warranty and who warranted to them), a messuage,
forty-four acres of land, and six acres of meadow in Hyntes, which William de
Hyntes, Chaplain, had given to John le Fremon, of Hyntes, and Cecily his wife
and the heirs of their bodies, and which after the death of John and Cecily
should descend to her as daughter and heir of John and Cecily. Richard
appeared by attorney, and denied that the tenements had been given as stated
by Joan, and appealed to a jury, which is to be summoned for the Quindene of
St. Martin, m. 272, dorso.
Staff. Roger Wryde, of Stafford, sued Thomas, son of William de Wolseleye, and Alexander de Brerdon for a debt of £20 15s. The defendants did
not appear, and the Sheriff was ordered to distrain and produce them at the
Quindene of St. Michael, m. 262, dorso.
Staff. Christiana, formerly wife of Walter le Somervylle, of Ruggele,
sued John de Morton, of Lychefeld, for a third of three acres of land in
Lichfeld, and she sued Reginald le Carter, of Lichefeld, for a third of three
acres of land in the same vill, as her dower.
John and Reginald appeared by John de Gresbrok, their attorney, and
prayed a view, and the suit was adjourned to the Quindene of St. Michael.
m. 185, dorso.
Staff. Andrea, formerly wife of John de Otherton, by John de Gresbrok,
her attorney, sued Nicholas, son of Robert Gilberd, of Hatherdon, for four
acres of land in Otherton, and she sued John del Buchenie and Robert, his
son, for three acres, and William Parys for the moiety of a toft in the same
vill. The defendants did not appear, and the Sheriff was ordered to take
the tenements into the King's hand, and to summon them for the Morrow of
St. Martin, m. 120, dorso.
Staff. In the suit of Roger, son of Eoger atte Blakeleye, near Wrottesleye,
plaintiff, against Walter, son of John de Perton, tenant of a messuage and
sixteen acres of land and an acre of meadow in Tetenhale, which was ordered
to be recorded by a writ of right, and produced in Court at this term: the
Sheriff now returned that he had taken with him four discreet and legal
Knights of his bailiwick, and in his own person had proceeded to the King's
court at Tetenhale, and the suitors (sectatores) of the Court had refused to
make the record, but that nevertheless he had summoned the parties to the
suit to appear in this Court at this term, viz., at the Quindene of Trinity, and
Walter now appeared by attorney, but Roger did not appear, and was plaintiff.
It was therefore considered that the suit should be dismissed, and the Bailiffs
of the said Court were ordered in the event of any attempt being made to
injure the said Walter, he should without delay cause the said Walter to be
restored and compensated "restaurari et emendari," and make a return to this
Court on the Octaves of St. Michael, m. 59, dorso.
Staff. Thomas, son of Thomas Scot, of Kyngesbromleye, sued Richard
Alisaundre, of Hondesacre, for ten acres of moor in Kyngesbromleye, which
Simon Scot, of Kyngesbromleye, had given to Thomas, son of Simon Scot, and
Margaret his wife, and the heirs of their bodies, and which after the deaths of
Thomas, son of Simon and of Margaret, should descend to him as his son and
heir.
Richard appeared and stated he could not deny the above statement of
claim, and it was therefore considered that Thomas should recover seisin of
the tenements, m. 57, dorso.
De Banco. Michaelmas. 12 E. III. Apud Ebor.
Staff. Ralph de Stafford, Chivaler, sued Isabella Peverel for twelve
messuages, two carucates and twelve virgates of land, twelve acres of wood,
and 10 marks of rent in Great Wolford by a writ of formedon ("de formâ
donationis.") Isabella appeared by attorney, and prayed a view, and the
suit was adjourned to the Quindene of Hillary. m. 70.
Staff. Agnes, formerly wife of William de Bagenholt, sued William Benet,
of Boturdon, and Thomas Williameserjant Benet (sic), for illegally detaining
her ox. The defendants did not appear, and the Sheriff was ordered to
attach them for the Quindene of Hillary. m. 144, dorso.
Staff. Proceedings of an assize taken at Stafford before William de
Shareshull and Roger Hillary, on the Saturday after the Feast of St. Matthew,
12 E. III., to make recognition if Thomas le Rous, Chivaler, Godewyne le
Taillour, and John Williames, had unjustly disseised Alice L'Archer of a moiety
of the manor of Walsale. Thomas le Rous, after a number of technical pleas,
stated that a part of the half manor claimed was formerly in seisin of his
mother Margery la Rous, and he had entered as her son and heir. And as
regarded the residue he produced a deed by which Alice under the name of
Alice, formerly wife of Nicholas L'Archer had released and quit-claimed to
him and to his heirs all her right and claim, dated from Coventry, 16 E. II.
Alice stated that her mother had enfeoffed her in the half manor, and she
had been seised of it till removed by Thomas and the other defendants, and
she denied that the deed was her act. The Sheriffs of Warwickshire and
Staffordshire were therefore ordered to summon the witnesses of the deed for
the Quindene of St. Martin, viz., William Basset and Nicholas Crumpe, to be
summoned by the Sheriffs of Warwickshire, and John de Bentele, William
de Boweles, and William de Darlaston, by the Sheriff of Staffordshire. A
postscript states that on that day Alice appeared in Court, but Thomas le Rous
did not appear, and it was ordered that the assize should be taken in his
absence, and the record was remitted to the said Justices to take the assize in
the county, m. 149.
Warw. (sic.) John, son of Richard de Pirye, appeared against John, son
of Richard de Barre, in a plea that he should carry out a covenant made
between them respecting the manor of Little Barre. The defendant did not
appear, and the Sheriff was ordered to attach him for the Quindene of Hillary.
m. 159.
Staff. William, son of Henry .atte Mulne, of Wyghtwyk, and Alice,
his wife, sued Thomas, son of William de Lee, for two parts of a messuage and
half a virgate of land in Swyndon, and they sued Joan, formerly wife of
William de Lee, for a third of a messuage and half a virgate of land in the
same vill, as the right of the said Alice. The defendants appeared by attorney,
and prayed a view, and the suit was adjourned to the Octaves of Hillary.
m. 206.
Staff. William, son of Thomas de Northwode, not appearing to prosecute
his suit against Roger, son of Nicholas de Trescote, of Wolverhampton, for a
messuage, four acres of land, an acre of meadow, an acre of pasture, and half
a mill in Cumpton, which he had claimed as his right in the King's Court of
Tetenhale, by writ of right according to the custom of the manor, the suit
was dismissed, m. 206, dorso.
Staff. William de Bromshulf sued Richard, son of Henry de Bromshulf,
and Agnes, sister of Richard, for six acres of land and half an acre of meadow
in Gretewych as his right. The defendants did not appear, and the Sheriff
was ordered to take the tenements into the King's hand, and to summon
them for the Quindene of Hillary. m. 231.
Staff. William de Bromshulf and Alice, his wife, sued William, son of
Robert Above the way for the third of a messuage and virgate of land in
Dunston as the dower of Alice. The defendants did not appear, and the
Sheriff was ordered to take the dower claimed into the King's hand, and to
summon him for (no date named), m. 234, dorso.
Staff. Margaret, formerly wife of Henry, son of Adam le Mulward, of
Boterdon, sued Ralph, son of John Richard, of Grendon, for a toft and four
acres of land in Boterdon, as her right under a feoffment made to her and to
her husband by John, son of William Poutrel, of Waterfal, and in which the
said Ralph had no entry except by William le Reve, to whom her husband
had demised it, and to which she could not object during his lifetime. Ralph
stated he entered by the said William under the name of William Loveles, of
Grendon, and called him to warranty. He is therefore to be summoned for
the Octaves of the Purification. A postscript states that at that date the
Sheriff sent no return, and he was ordered to summon the said William for
the Octaves of St. John the Baptist, m. 239.
Staff. Leo de Perton sued William, son of William de Pyletenhale, John
de Levynton, John de Fulford, and Ralph, his brother, and others named, for
forcibly reaping and carrying away his growing crops at Wyghtwyk to the
value of £10. None of the defendants appeared, and the Sheriff returned
certain sums into Court as proceeds of distraints made against them. He was
therefore ordered to distrain again, and to arrest John de Fulford and Ralph,
who could not be found, and to produce them at the Quindene of Hillary.
m. 247.
Staff. John le Porter, of Caldelowe, sued John, son of Adam de
Beresford, for a debt of £10. The defendant did not appear, and the
Sheriff was ordered to attach him for the Octaves of the Purification.
m. 251.
Staff. Robert Mold, of Twyford, sued John, son of John de Ipestanes, in
a plea that he should warrant to him the third part of eight messuages and
eight bovates of land in Steynyston and Twyford, in co. Derby, which
Elizabeth, formerly wife of John de Ipestanes, Chivaler, claimed as dower.
John did not appear, and the Sheriff of Staffordshire was ordered to summon
him for the Quindene of Hillary. m. 267.
Staff. Hugh de Bedenhale sued William, son of William atte Ashe, of
Bedenhale, for twelve acres of land in Bedenhale (Bednall), which Richard
de Stretton had given to Nicholas de Bedenhale and Lettice, his wife, and
heirs of their bodies, and which after their deaths should descend to him as
their son and heir. William appeared by his custos, William de Whytynton,
who stated that William atte Ashe, father of the said William, died seised
of the tenement in demesne as of fee and he had entered as son and heir, and
as he was under age, it was considered that the suit should remain till his full
age. m. 304.
Staff. Henry Coppe, of Haunton, sued Agnes, formerly wife of John de
Halsey, of Longedon, for a messuage, an acre and a half of land, and an acre
of meadow in Haunton as his right and inheritance, and in which the said
Agnes had no entry except through Ralph de Elleford, to whom Ralph
Coppe, his grandfather, had demised it when he was "non compos mentis sue,"
and he stated that the said Ralph held the tenement, temp. E. I, and from
him the right descended to one William as son and heir, and from William to
Henry, who now sues. Agnes appeared by attorney and denied that the
said Ralph was out of his mind when he made the demise, and appealed to a
jury, which is to be summoned for the Quindene of Hillary. m. 310.
Staff. Henry Coppe, of Haunton, sued Matilda, formerly wife of Richard
de Vernoun, of Haunton, for a messuage and a virgate of land in Haunton
as his right and inheritance, and in which she had no entry, except by a
demise which Ralph Coppe, his grandfather, had made to Thomas de
Wymyndham, when the said Ralph was out of his mind. Matilda called to
warranty Simon de Norton, who appeared by attorney and warranted the
tenement to her, and called to warranty Richard, son of William de
Vernoun, Chivaler, kinsman and heir of Richard de Vernoun the younger,
who was under age. As Henry could not deny this, it was ordered that the
suit should remain till the full age of the said Richard. m. 330.
Staff. Thomas, son of William de Morteyn, sued Philip de Stepelton for
two mills in Great Barre, and he sued Richard le Chaumberleyn for six acres
in the same vill, as his right, etc. Philip called to warranty Robert de
Stepelton, kinsman and heir of Robert de Stepelton, Knight, and Richard
called to warranty Isabella, formerly wife of Robert de Stepelton. The
Sheriff was therefore ordered to summon them for a month from Easter.
Isabella to be summoned in co. Stafford, and Robert in co. Salop, m. 388.
Staff. William de Snede, of Newcastle-under-Lyme, appeared by
attorney against John Macheugh, of Chelle, in a plea that he should render a
reasonable account for the time he was the receiver of the moneys of the
said William. John did not appear, and the Sheriff returned he held
nothing by which he could be attached. He was therefore ordered to arrest
and produce him at the Quindene of Hillary. A postscript states that at
that date the Sheriff made no return, and he was ordered to produce him at
three weeks from Easter, m. 393.
Staff. John de Houton appeared by attorney against Hugh, son of Henry,
son of John de Aston, in a plea that he should render a reasonable account
for the time he was his Bailiff in Aston, near Stone. Hugh did not appear,
and the Sheriff was ordered to attach him for the Quindene of Hillary.
m. 398, dorso.
Essex, Staff. John de Alveton and Nicholaa, his wife, appeared by
attorney against Hugh, son of Hugh le Blount, kinsman and heir of Hugh le
Blount, in a plea that he should warrant to them the manor of Jeng wiberd
Laundry, in co. Essex, which John, son of John de Weston, claimed against
them, and he had been summoned both in co. Essex and in co. Stafford, and
had not appeared. The Sheriff was therefore ordered to take into the King's
hands land belonging to the said Hugh to the value of the manor claimed,
and to summon him for a month from Easter, m. 432, dorso.
Assizes taken at Wolvernehampton before William de
Shareshull and other Justices on the Monday the
Feast of St. Thomas the Apostle. 12 E. III. (21 Dec.,
1338.)
Staff. An assize, etc., if John, son of Richard de Oldynton, and Joan,
his wife, and Richard de Beckebury had unjustly disseised Thomas, son of
Richard de Oldynton, of a messuage and a carucate of land, four acres of
meadow, and two acres of wood in Oldynton, near Patleshull. John
answered as tenant, and stated that the tenements in question were formerly
in seisin of one Richard de Beckebury, father of the plaintiff Thomas, and
whose heir he is, and who was known by the names of Richard de Oldynton and
Richard de Beckebury indifferently (qui cognoscebatur per nomen Ricardi de
Beckebury et Ricardi de Oldynton indifferente), and the said Richard had
granted the tenements to him by deed, dated 9 E. III, under the name of
John, son of Richard de Beckebury, to be held by him and heirs of his
body, and with a clause of warranty, and he produced the deed, and he
prayed for judgment whether an assize would lie. Thomas did not deny the
deed, but stated that his father, Richard, died seised of the tenements, and he
had entered into them as heir of his father, and had been seised of them,
until the said John and the other defendants had unjustly disseised him of
them.
John denied that the said Richard, the father, died seised of the
tenements, and appealed to a jury, which found that the said Richard, the
father of Thomas, had enfeoffed the said John before his death, and that he
did not die seised of the tenements. The suit was therefore dismissed.
m. 3
Staff. An assize, etc., if William, son of Hugh de Wrottesleye, (fn. 3) Thomas
Crey, Richard de Ovyoteshay, Thomas, his son, Ralph de Fulford, and John,
his brother, had unjustly disseised Walter, son of John de Perton, of thirty
acres of land, two acres of meadow, three acres of wood, and four acres of
pasture in Tetenhale.
William appeared by William de Hampton, his attorney, who also
answered for the others as their bailiff, and denied the disseisin, and stated
that the tenements were a parcel of the manor of Tetenhale, which is of
ancient demesne of the Crown, and in which no writ would run, but the
lesser writ of right, and he prayed for judgment on this point.
Walter did not deny that the manor of Tetenhale was of ancient demesne
of the Crown, nor that the tenements were a parcel of the manor, but he
pleaded that the said tenements, in the reign of Edward I, formed part
of the demesne lands of the manor, in the hand of the King, and not of
inferior tenure in the hands of the tenants, and thus the tenements were a free
fee and sueable at common law. William denied this and appealed to a jury,
which found that the tenements in question were in seisin of King Edward,
the grandfather of the present King, as part of his demesne lands of the said
manor, and not of inferior tenure, and they stated that the said William and
Thomas Crey had unjustly disseised the said Walter of them, and they
assessed his damages at 40s., and they said that the other defendants took no
part in the disseisin. Walter is therefore to recover seisin, but is in
misericordiâ for a false claim against the others. m. 3.
Staff. An assize, etc., if William de Neuport, the father of Agnes, wife of
Roger le Barber, of Bermyngeham, was seised in demesne as of fee of 15s.
of rent in Little Barre when he died, and if John de Barre, senior, and
Ralph le Walkere had unjustly disseised the plaintiffs of it.
Roger and Agnes appeared by John de Gresbrok, their attorney, and
John de Barre also appeared, but the assize was adjourned to Lichfield,
because none of the recognitors appeared. m. 3.
Staff. An assize, etc., if Ralph Basset, of Drayton, Chivaler, Thomas le
Rous, Chivaler, Godwin le Taillour, and John Williames had unjustly
disseised Alice L'Archer of a moiety of the manor of Walsale.
Ralph and Thomas appeared, and one Richard Hod, answered for the
other defendants as their bailiff and denied the disseisin, and appealed to a
jury, and the said Ralph answered as tenant of the moiety, and called to
warranty the said Thomas, who was present in Court and warranted it to him,
and the said Thomas as tenant by his warranty stated that as regarded six
acres of the said moiety he had entered by the feoffment of Roger de
Morteyn, and other portions he held by the feoffment of Thomas Filot, Simon
Lyon, John Edward, Adam Trout, Richard Twenebrok, Nicholas Dyke, John
Leverych, Richard Paynel, senior, William le Parkere, and the Abbot of
Halys, and he denied that as regarded these portions the said Alice had suffered
any injury, and as regarded the rest of the half manor—he pleaded that an
assize would not lie because on the Quindene of St. Martin, in 19 E. I, a
fine had been levied between Philip Burnel, complainant, and John Paynel
and Margaret, his wife, mother of the said Alice, the plaintiff, deforciants, of
the manor of Walshale, by which the said John and Margaret acknowledged
the manor to belong to the said Philip, and for which the said Philip
conceded the said manor to John and Margaret, to be held by them for the
life of Margaret and after her death to remain to him, the said Thomas, and
his issue, and if he died without issue, to revert to the said Philip and his
heirs for ever, and the said Margaret was now dead, and after her death, he
had entered into the manor, by virtue of the said fine, and the said Alice,
claiming the tenements by hereditary right, had intruded into the said
moiety of the manor, and he had recently removed her from it as was
lawful. Alice did not deny that a fine had been levied as stated by Thomas,
but said that long before it had been levied, the said Margaret, her mother,
had been seised of the said moiety, in demesne as of fee, and whilst a femme
sole, had enfeoffed her in it, to be held by her and her heirs for ever, by
virtue of which feoffment she was seised of the said moiety until the said
Ralph Basset and the other defendants had unjustly disseised her. Thomas
replied that Alice had never been in seisin of the moiety before the date of
the fine and appealed to a jury, which found that the said Margaret had
been seised of the said moiety, in demesne as of fee, long before the said
fine was levied, and whilst sola had enfeoffed the said Alice of it, and the
said Alice was in seisin of it, by virtue of the said feoffment until the said
Godewine and John Williames, long before the fine had been levied, had
unjustly disseised her, and they assessed her damages at £100, and they
stated that the said Ralph and Thomas took no part in the disseisin. Alice
is therefore to recover seisin, and the said Ralph is to have the value of the
moiety of the Manor out of the lands of the said Thomas. Alice afterwards
remitted her claim for damages. m. 3, dorso.