Lancashire Fines
40-46 Henry III

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Institute of Historical Research

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Author

William Farrer (editor)

Year published

1899

Pages

118-142

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'Lancashire Fines: 40-46 Henry III', Final Concords for Lancashire, Part 1: 1189-1307 (1899), pp. 118-142. URL: http://www.british-history.ac.uk/report.aspx?compid=52536 Date accessed: 23 October 2014.


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40-46 Henry III.

No. 141.—At Lancaster, (fn. 1) on the Octave of Holy Trinity, 40 Henry III. [18th June, 1256].

Between Henry de Lee, plaintiff, and Ranulf de Mellinges, and Alice his wife, impedients of two acres of land in Mellinges, [Melling, parish of Halsall], respecting which a plea of warranty of charter had been summoned between them.

Ranulf and Alice acknowledged the land to be the right of Henry, as that which he has by their gift, to hold of them and the heirs of Alice in perpetuity for one clove gillyflower (clavum garyofili), at the feast of St. Martin, in winter, for all service. Moreover they granted to Henry and his heirs, that henceforth he should have common of pasture in that town for sixteen cows, four mares, twelve sheep, with the offspring in each instance of two years old, and twenty pigs in their woods in that town free from pannage. With warranty. For this acknowledgment and concession he owes them 7s. sterling.

No. 142.—At Lancaster, on the Quindene of Holy Trinity, 40 Henry III. [25th June, 1256].

Between Richard de Bryches, and Margery his wife, plaintiffs, and Adam Ballard, tenant of one oxgang of land in Litherlond.

Adam acknowledged the land to be the right of Margery, and rendered it to the said Richard and Margery. For this acknowledgment they granted, at the request of Adam, to Robert Ballard, son of Adam, in marriage with their daughter Emma, all the said land, to hold to Robert and Emma, and the heirs of Emma, of Richard and Margery, rendering one pair of white gloves yearly at the Nativity of St. John the Baptist, and performing to the chief lords of the fee, for Richard and Margery, the service belonging to that land. Provided that if Emma shall happen to die without heirs of her body, the land shall revert to Richard and Margery, and to the heirs of Margery; and the said Robert shall not sell nor alienate the land, and the reversion thereof after the death of Adam shall be to Robert, his son and heir.

No. 143.—At Lancaster, on the Octave of Holy Trinity, 40 Henry III. [18th June 1256].

Between Geoffrey the Cook (Cocus), plaintiff, and William de Singleton, deforciant of forty acres of land in Brecton [Broughton, near Preston], respecting which a plea of covenant had been summoned between them.

Geoffrey acknowledged the land to be the right of William. For this acknowledgment he granted it to Geoffrey, with common of pasture belonging to so much land, and the appurtenances, to hold of the said William, rendering yearly one pair of white gloves at the Nativity of our Lord for all service, suit of court and customs. With warranty. Afterwards Geoffrey quit-claimed to William and his heirs all right in the lands and tenements which William has in the said town on the day of the making of this concord.

No. 144.—At Lancaster, on the Octave of Holy Trinity, 40 Henry III. [18th June, 1256].

Between Sabina de Hocwyk, plaintiff, and Alan de Hocwyk, tenant, of ten acres of land in Hocwyk [Howick].

Sabina acknowledged the land to be the right of Alan, and quit-claimed it to him. For this release he gave her 40s. sterling.

No. 145.—At Lancaster, on the Morrow of the feast of St. John the Baptist, 40 Henry III. [25th June, 1256].

Between Adam de Bury, plaintiff, and Adam de Haselum, and Roger de Noteho, deforciants of suit which Adam de Bury claimed from them to his mill in Bury.

Adam and Roger granted for themselves and their heirs that they would henceforth do their suit at the said mill of Adam de Byri, and would grind their corn arising from lands which they hold of Adam, to the twentieth measure (ad visesimum vas), but that if, by Adam's default, the said mill should fall into decay, or otherwise if they should not be able to grind there, that it should be lawful for them and their heirs to grind elsewhere, without giving any multure to Adam. For this acknowledgment Adam de Bury released to Adam and Robert all losses which he said he had sustained by default of their suit.

No. 146.—At Lancaster, on the Octave of the feast of St. John the Baptist, 40 Henry III. [1st July, 1256].

Between John de Stalmin, plaintiff, and Adam de Stalmin, tenant, of three oxgangs and thirty acres of land in Stalmin, respecting which an assize of mort d'ancestor had been summoned between them.

John acknowledged the land to be the right of Adam, and quit-claimed it to him. For this release he gave John two marks of silver.

No. 147.—At Lancaster, on the Quindene of Holy Trinity, 40 Henry III. [25th June, 1256].

Between William de Karleton, plaintiff, and Robert de Stokeport, concerning this, that Robert should acquit William of the service, which Agnes de Lancastre (fn. 2) claimed from him, of the free tenement which he held of Robert in Karleton, to wit, one carucate and half a carucate of land, whereof Robert as mesne tenant ought to acquit him, and respecting which William complained that by Robert's default the said Agnes distrained him that he should do suit at her court of Geyrstang from three weeks to three weeks.

Robert acknowledged and granted for himself and his heirs, that he would henceforth acquit and defend William and his heirs from suit of court against Agnes and her heirs. For this acknowledgment William remitted to Robert all losses which he said he had sustained by reason of his default.

No. 148.—At Lancaster, on the Octave of Holy Trinity, 40 Henry III. [18th June, 1256].

Between Beatrice, formerly the wife of William de Hylton, plaintiff, and David de Hylton, (fn. 3) tenant of one third part of a carucate of land in Blakeburn, one third part of an oxgang in Hylton, and one third part of half a carucate in Heton; and between the said Beatrice, plaintiff, and the said David, whom Robert de fferrars called to warrant, and who warranted to him the third part of one carucate of land, and half a carucate of land in Pennelton; and between the said Beatrice, plaintiff, and the said David, whom David, son of Augerel, called to warrant, and who warranted to him the third part of one oxgang of land in Hilton, which third part Beatrice claims to be her reasonable dower which belongs to her of the free tenement which belonged to William, formerly her husband.

David de Hilton granted the said carucate in Blakeburne to Beatrice, wheresoever it lay in that town, to hold of David all her life in the name of dower, performing to the chief lords of the fee, for David, all services belonging to the land which shall remain to her by this fine. After her decease the said land in Blakeburne to revert to David and his heirs. For this concession Beatrice quit-claimed to David all her right by reason of dower in the residue of the lands and tenements which were formerly her husband's. For this quit-claim he gave her five marks of silver.

[Endorsed]. "Pedes Cyrographorum de Comitatu Lancastriæ de Itinere Rogeri de Thurkelby anno XL°."

No. 149.—At Lancaster, on the Octave of Holy Trinity, 40 Henry III. [18th June, 1256].

Between Robert de Stocport, plaintiff, and John de Lee, concerning this, that John was summoned to show by what right he claimed common in Robert's land in Plumpton, seeing that Robert has no common in John's land, nor does John do service to him whereby he may have common in his land.

Robert granted that John and his heirs should henceforth have common of pasture for all manner of his beasts with free entry and egress on Bartayl moor, belonging to the town of Plumton, according to the following bounds and metes, to wit, from Sallewyke moss along the Blakelache to the turbary of Englisshe-le, so going round the north side of this turbary towards Plumpton by a straight line into Stocsiche; saving to Robert and his heirs liberty to make improvements at their will on this moor. For this concession John granted for himself and his heirs that he would henceforth render yearly to Robert and his heirs one pair of white gloves at Easter. Moreover, John quitclaimed to Robert and his heirs all right to claim any common of pasture in Robert's land in that town, except for his own beasts.

No. 150.—At Lancaster, on the Quindene of Holy Trinity, 40 Henry III. [25th June, 1256].

Between Richard, son of William de Baldreston, plaintiff, and Thomas de Osebaldreston, concerning this, that Thomas should acquit Richard of the service which Eadmund de Lazy claimed from him, for the free tenement which he holds of Thomas in Baldreston, to wit, two oxgangs of land, whereof Thomas, as mesne tenant between them, ought to acquit him, and respecting which Richard complained that by Thomas' default Eadmund distrained him, that he should do suit to his Court of Clyderhow from three weeks to three weeks.

Thomas acknowledged the land to be the right of Richard, to hold of Thomas and his heirs in perpetuity, rendering yearly, one pair of spurs at the feast of St. Giles, and forinsec service belonging to that land, 2s. and one sor sparrow hawk, at the same term for all service, suit of court and custom. With warranty. For this acknowledgment Richard remitted all losses which he said he had sustained by reason of that default.

No. 151.—At Lancaster, on the Quindene of Holy Trinity, 40 Henry III. [25th June, 1256].

Between Richard le Botyler, plaintiff, and John de la Mare, impedient of the moiety of one carucate of land in Little Hol, respecting which a plea of warranty of charter had been summoned between them.

Richard acknowledged the land to be the right of John. For this acknowledgment he granted the land to Richard, to hold to him and his heirs, rendering yearly half a mark at the feast of St. Martin, and the service belonging to the chief lords of the fee.

No. 152.—At Lancaster on the Octave of Holy Trinity, 40 Henry III. [18th June, 1256].

Between Alan de Turs, plaintiff, and Alan de Steinton, concerning this, that Alan de Steynton was summoned to show by what right he claimed common in Alan's land in Lowyk, seeing that Alan [de Tours] had no common in Alan de Steynton's land, nor does he do service to him, whereby he may have common in his land.

Alan de Turs granted, so far as it pertained to him and his heirs, that Alan de Steynton and his heirs, and his men of Steynton [parish of Urswick] should henceforth have common of pasture for all manner of beasts everywhere (ubique) in the common pastures of that town, and reasonable estovers to "husbote and haybote" in Alan de Tur's woods, and all their pigs in the said woods free from pannage at the time of mast fall there (pessona). For this concession Alan de Steynton granted that he and his heirs would henceforth render yearly to Alan de Turs 12d. at the two terms, to wit, one half at the feast of St. Michael and the other at Easter, and further he granted, so far as pertained to himself and his heirs, that Alan de Turs and his heirs and his men of Lowyk should henceforth have common of pasture for all manner of beasts, everywhere in the pasture belonging to Steynton and fformethweyt. Alan de Steynton also granted that all his tenants in Steynton and fformethweyt, to wit, those who hold their tenements at will of the said Alan, so long as they hold them, and likewise those who should hold them thereafter, should grind their corn, arising from their tenements, at Alan de Turs' mill at Lowyk to the sixteenth measure (ad sextum decimum vas) and should give the said Alan for the pigs, which they might agist in Lowyk woods, every tenth pig, or the tenth penny of the value thereof.

No. 153.—At Lancaster, on the Octave of Holy Trinity, 40 Henry III. [18th June 1256].

Between Robert Banastre, plaintiff, and Thomas de Aston, Henry son of Richard, and Richard his brother, Richard son of Adam de Aston, and Syward his brother, John son of Leysing, and Robert his brother, whom Robert de Banastre claimed to be his runaway villeins (nativos).

Robert acknowledged that they were freemen, (fn. 4) and granted that they, with all their chattels and sequel, should be free and quit of all manner of nativity and secular servitude. For this remission they gave him twelve marks of silver.

No. 154.—At Lancaster, on the Quindene of Holy Trinity, 40 Henry III. [25th June, 1256].

Between Alan de Wyndel, and Roger de Molyneus and Agnes his wife, plaintiffs, and Robert de Eccleston, concerning this, that Robert should acquit them of the service which Eadmund de Lascy claimed from them, for the free tenement which they held of Robert in Reynhull (fn. 5) [Rainhill], to wit, two carucates of land, whereof Roger and Agnes hold one carucate, and Alan holds one carucate for term of his life by the courtesy of England, in that he maintained the children of Avice formerly his wife, of whose inheritance that carucate was; and whereof Robert as mesne tenant ought to acquit them; and respecting which they complained that by Robert's default the said Eadmund distrained them that they should find him a certain "Domesman" (fn. 6) at his Court of Wydnes.

Robert acknowledged that he and his heirs would acquit Alan, Roger and Agnes and the heirs of Avice and Agnes against the said Eadmund and his heirs, from finding the said "Domesman" at his Court. For this acknowledgment, they remitted to Robert all losses which they said they had sustained by reason of his default.

No. 155.—At Lancaster, on the Octave of Holy Trinity, 40 Henry III. [18th June, 1256].

Between William, son of Hugh and Emma, his wife, plaintiffs, and Adam, son of Hugh and Agnes his wife, deforciant of half an oxgang of land in Rayneford, (fn. 7) respecting which a plea of covenant had been summoned between them,

Adam and Agnes acknowledged the land, both in demesnes and homages, and in services, to be the right of Emma, as that which William and Emma have, by the gift of Adam and Agnes, to hold of Adam and Agnes and the heirs of Agnes rendering yearly one pair of white gloves at the feast of Saint John the Baptist, and performing forinsec service belonging thereto for all service. With warranty.

For this acknowledgment they granted to Adam and Agnes nine acres of land in Reyneford, which Waldeve de Bulling formerly held for a term of years of William, and a certain piece of land in Bulling [Billinge], called Crochurst, except two acres, which lie against Jori de Bulling's land towards the south, which shall remain to the said William and Emma and the heirs of Emma, to hold to the said Adam and Agnes of the said William and Emma for 6d. yearly at the said term, and performing to the chief lords of the fee the service thereunto belonging. With warranty.

No. 156.—At Lancaster, on the Quindene of Holy Trinity, 40 Henry III. [25th June, 1256].

Between Robert de Billesburgh and Leuca his wife, plaintiffs, and Simon, son of Luke (Lũc) de Mamcestre, tenant of a messuage in Mamcestre; and between the said Robert and Leuca, plaintiffs, and Thomas, son of Roger, tenant of a messuage in Mamcestre; and between the said Robert and Leuca, plaintiffs, and Richard, son of Randle (Rañ), tenant of a messuage in the same town.

Robert and Leuca quit-claimed for themselves and the heirs of Leuca, to Simon, Thomas and Richard and their heirs, all their right in the land. For this release Simon, Thomas and Richard gave them two marks of silver.

No. 157.—At Lancaster, on the Octave of Holy Trinity, 40 Henry III. [18th June, 1256].

Between Henry de Seveton and Alice, his wife, plaintiffs, and Elyas de Smetheton, Prior of the Hospital of St. John of Jerusalem in England, tenant, by brother Philip de Colham, put in his place, of twenty acres of land in Wrytinton. An assize of mort d'ancestor had been summoned between them.

Henry and Alice acknowledged the land to be the right of the Prior and brethren of the said Hospital. For this acknowledgment the Prior has received Henry and Alice into all the benefits and prayers hereafter to be made in the said Hospital.

No. 158.—At Lancaster, on the Quindene of Holy Trinity, 40 Henry III. [25th June, 1256].

Between Wymarc, daughter of Adam, plaintiff, and Walter de Karleton, (fn. 8) tenant, of two oxgangs of land in Soureby, and twenty acres of land in Plumpton. An assize of mort d'ancestor had been summoned between them.

Wymarc quit-claimed to Walter all his right in the land. For this quit-claim Walter gave Wymarc one messuage and four acres of land in Soureby, to wit, the messuage which Adam de Chaumpayne once held, and those four acres lying in a field called Northage feld, towards the north, to hold of Walter and his heirs, rendering yearly one pair of white gloves or one penny at the feast of St. Michael, and performing forinsec service. With warranty. For this grant Walter gave Wymarc 40s. sterling.

No. 159.—At Lancaster, on the Octave of Holy Trinity, 40 Henry III. [18th June 1256].

Between William le Botyler, plaintiff, and Gilbert de Halsal, (fn. 9) deforciant of the suit which William claimed of Gilbert to his Court of Werrington.

Gilbert acknowledged and granted for himself and his heirs that he would henceforth do suit at William's Court of Werrington from three weeks to three weeks. For this acknowledgment William remitted all right to claim from Gilbert or his heirs "Bode" and "Witnesse," or puture (pulturam) for any serjeant of William's, or of his heirs.

No. 160.—At Lancaster, on the Octave of Holy Trinity, 40 Henry III. [18th June, 1256].

Between Adam, Abbot of Kyrkestal, plaintiff, and Richard de Alvetham, concerning this, that Richard had been summoned to show by what right he claimed common in the said Abbot's land in Hunnecotes, seeing that the Abbot had no common in Richard's land, nor did Richard perform any service, whereby he ought to have common in the Abbot's land.

Richard acknowledged for himself and his heirs, so far as it belonged to them to do, that the said land was the severalty (seperale) of the said Abbot, and of his Church of Kyrkestal, and quit-claimed to him all right to claim any common of pasture, or other common right in the said land. For this acknowledgment the Abbot has received Richard and his heirs into all the benefits and prayers to be made hereafter in his Church of Kyrkestall.

[Endorsed]. "And Peter, parson of the Church of Whalley, puts in his claim to common in the said land, as by right of his chapel at Alvetham" [Altham].

No. 161.—At York, on the Quindene of Easter, 41 Henry III. [23rd April, 1257].

Between Robert de Hampton and Mary his wife, plaintiffs, and William de Clifton, (fn. 10) tenant of one-third part of the manors of Clifton, Westby and Plumton, which third parts Robert and Margery claimed to be the reasonable dower of the said Margery, of which land Richard de Clifton, son and heir of the said William, and formerly the husband of the said Margery, by the assent and good will of William his father, dowered her at the church door when he married her.

Robert and Margery quit-claimed to William all right in the said manors and all other lands of the said William in the name of Margery's dower. For this release William gave Robert and Margery sixty marks of silver.

No. 162.—At York, on the morrow of All Souls, 42 Henry III. [3rd November, 1257].

Between Avina de Samelesbyri, plaintiff, and Robert de Hampton and Margery his wife, tenants of a mill and eight oxgangs of land, except twelve acres in Brihtmede.

Avina acknowledged the mill and land to be the right of [Margery mutilated]. For this acknowledgment Robert and Margery granted the said mill and land to Avina, to hold for the term of her life, of the said Robert and Margery, rendering yearly half a mark of silver at the feast of St. Michael, and performing to the chief lords of the fee all services belonging to that land. After the decease of Avina, the mill and land shall remain to Robert and Margery, Cecilia and Elyzabeth, younger sisters of Margery, as heirs of the said Avina, to be equally divided between them, so that one-third part of the mill and land shall remain to Robert and Margery, and two parts to Cecilia and Elyzabeth, to hold to them and their heirs of the said Robert and Margery for ever.

No. 163.—At Westminster, on the morrow of All Souls, 44 Henry III. [3rd November, 1259].

Between Madoc de Acton, (fn. 11) plaintiff, and Walter de Lyndeseye, tenant of one rood of land in Quitanton [Whittington in Lonsdale].

Madoc quit-claimed to Walter all his right in the land. Moreover Madoc remitted and quit-claimed to Walter and his heirs all his right in three oxgangs of land in the said town, which Madoc formerly claimed at law against Walter. For this remission and quit-claim Walter gave Madoc five marks of silver.

No. 164.—At Dereby, on the Quindene of Easter, 43 Henry III. [27th April, 1259].

Between Roger de Qualley, (fn. 12) plaintiff, and Henry, son of Margery and Margaret his wife, impedients of one oxgang of land, and eight solidates of yearly rent in Little Mitton, respecting which a plea of warranty of charter had been summoned between them.

Henry and Margaret acknowledged the land to be the right of Roger, as that which he has by their gift, to hold of them and the heirs of Margaret, rendering yearly one half-penny at the feast of the Assumption of the B. V. M. for all service, and performing to the chief lords of the fee the service belonging to that land. With warranty. For this acknowledgment he gave them twenty marks of silver.

No. 165.—At Westminster, in three weeks from Easter, 44 Henry III. [25th April, 1260].

Between Robert de Vylers, plaintiff, and Robert, Abbot of Myrivall, whom Master Adam de Wauton (fn. 13) called to warrant, and who warranted to him—by Brother William de Vavere, his monk, put in the place of the Abbot—three carucates of land in Much Hole. (fn. 14)

Robert quit-claimed to the Abbot and his successors, and to the church of Myrivall all his right in that land. For this release the Abbot granted the land to Adam, to hold of the Abbot and his successors, rendering yearly one penny at Easter for all service. With warranty. Afterwards the Abbot and Adam gave Robert 100 marks of silver.

No. 166.—At Westminster, on the morrow of All Souls Day, 45 Henry III. [3rd November, 1260].

Between John de Byrun, plaintiff, and Alexander Luterel and Margery, his wife, impedients, by Roger de la Chapele, put in Alexander's place, of nine oxgangs of land in Ryton [Royton], (fn. 15) and sixty acres in Thorp and Hayleg, (fn. 16) respecting which a plea of warranty of charter had been summoned between them.

Alexander and Margery acknowledged the land to be the right of John, as that which he has by the gift of Alexander and Margery, to hold of them and the heirs of Margery, rendering yearly one penny at the Nativity of St. John the Baptist for all service, and performing to the chief lords of the fee the service belonging to that land. With warranty. For this acknowledgment John gave them 150 marks of silver.

No. 167.—At Lancaster, (fn. 17) on the Octave of the Purification of the Blessed Virgin, 46 Henry III. [9th February, 1262].

Between Matthew de Reddyche, plaintiff, and Robert de Reddich, tenant of the moiety of the manor of Reddich, except twenty-four acres of land there.

Robert acknowledged the land to be the right of Matthew and rendered it to him. For this acknowledgment Matthew granted to Robert the moiety of the said moiety of that tenement, to hold of Matthew and his heirs, rendering yearly 20d., to wit, at the feast of St. John the Baptist, 6d. ob., at the feast of St. Michael 4d. and 2 ob., at the Nativity of our Lord, 4d. ob. and at the feast of the Blessed Virgin Mary in March 4d. ob. for all service, and performing to the chief lords of the fee the service belonging to that land. With warranty.

No. 168.—At Lancaster, on the Octave of the Purification of the Blessed Virgin, 46 Henry III. [9th February, 1262].

Between Matthew de Rediche, (fn. 18) plaintiff, and Geoffrey de Byrun, tenant of the moiety of the manor of Rediche, except twenty-four acres.

Geoffrey acknowledged the land to be the right of Matthew, and rendered it to him. For this acknowledgment Matthew granted the said tenement to Geoffrey to hold to him and the heirs of his body begotten, rendering one pound of cumin or 2d. at the feast of St. John the Baptist for all services, and performing to the chief lords of the fee the service belonging to that land. With warranty. If Geoffrey died without issue the land to wholly remain to Matthew and his heirs, to be held of the chief lords of the fee by the seruice belonging thereto.

No. 169.—At Lancaster, on the Quindene of the Purification of the Blessed Virgin, 46 Henry III. [16th February, 1262].

Between the Abbot of Cokersaund, plaintiff, and Robert, son of Gregory de Wynnemerley and Avice his wife, impedients of two tofts, six acres of land, and one acre of meadow in Stalmyn, (fn. 19) respecting which a plea of warranty of charter had been summoned between them.

Robert and Avice acknowledged the land to be the right of the Abbot, and of his church of St. Mary of Cokersand, as that which he had by their gift, to hold of them in free and perpetual alms, quit of all secular service. With warranty. For this gift the Abbot has received them into the benefits and prayers henceforth to be made in the church of Cockersand.

No. 170.—At Lancaster, on the Quindene of the Purification of the Blessed Virgin, 46 Henry III. [16th February, 1262].

Between Roger, son of Adam de Preston, plaintiff, and John de Baldreston and Alice his wife, impedients of one toft and two acres of meadow in Preston, respecting which a plea of warranty of charter had been summoned between them.

John and Alice acknowledged the land to be the right of Roger, as that which he has by their gift, to hold of them, rendering yearly one penny at the feast of the Assumption for all service, and performing to the chief lords of the fee the service thereto belonging. With warranty. For this acknowledgment Roger gave them seven marks of silver.

No. 171.—At Lancaster, on the Quindene of the Purification of the Blessed Virgin, 46 Henry III. [16th February, 1262].

Between John de Byrun, plaintiff, and Andrew de Butterworthe and Christiana his wife, impedients of sixty acres of land in Butterworthe, (fn. 20) respecting which a plea of warranty of charter had been summoned between them.

Andrew and Christiana acknowledged the land to be the right of John, and rendered it to him. For this acknowledgment John gave them twenty pounds of silver.

No. 172.—At Lancaster, on the Quindene of the Purification of the Blessed Virgin, 46 Henry III. [16th February, 1262].

Between Richard le Botyler, plaintiff, and Alan de Wolvemore and Alice his wife, deforciants of thirty acres of land and forty acres of wood in Wrythinton, respecting which a plea of covenant had been summoned between them.

Alan and Alice acknowledged the land and wood to be the right of Richard, as that which he has by the gift of Alan and Alice, to hold of them, rendering yearly one rose at the Nativity of St. John the Baptist for all service, and performing to the chief lords of the fee the service thereto belonging. With warranty. For this acknowledgment, Richard gave them eleven marks of silver.

No. 173.—At Lancaster, on the Quindene of the Purification of the Blessed Virgin, 46 Henry III. [16th February, 1262].

Between Adam, son of Thomas de Fauerwayt, plaintiff, and Roger, son of Adam de Ritthou and Alice his wife, deforciants of one oxgang of land in Lec [Leck], respecting which a plea of covenant had been summoned between them.

Roger and Alice acknowledged the tenement to be the right of Adam, as that which he has by their gift, to hold of them, rendering yearly one penny at Easter for all service, and performing to the chief lords of the fee the service thereto belonging. With warranty. For this acknowledgment Adam gave them five marks.

No. 174.—At Lancaster, on the Quindene of the Purification of the Blessed Virgin, 46 Henry III. [16th February, 1262].

Between John de Shyreburne, plaintiff, and William, son of Robert de Shyreburne, (fn. 21) deforciant of three oxgangs of land in Hamelton [Hambledon], respecting which a plea of covenant had been summoned between them.

William acknowledged the land to be the right of John, as that which he has, by the gift of William, to hold of him, rendering yearly one penny at Easter for all service, and performing to the chief lords the service thereto belonging. With warranty. For this acknowledgment John gave him two marks of silver.

No. 175.—At Lancaster, in one month from the Purification of the Blessed Virgin, 46 Henry III. [2nd March, 1262].

Between the Prior of the preaching brethren (fratrum prædicatorum) of Lancaster, plaintiff, and William le Mareschall and Isold his wife, impedients of half an acre of land in Lancaster, respecting which a plea of warranty of charter had been summoned between them.

William and Isold acknowledged the land to be the right of the Prior and brethren serving God in that place, as that which they have by the gift of William and Isold, to hold of them in free and perpetual alms, quit of all secular service. With warranty.

No. 176.—At Lancaster, on the Quindene of the Purification of the Blessed Virgin, 46 Henry III. [16th February, 1262.]

Between Ralph, son of Adam de Thornedelegh, plaintiff, and Robert de Bradeleye, tenant of five score acres of wood in Thornedelegh [Thornley].

Robert acknowledged the wood to be the right of Ralph and rendered it to him, to wit that which lies within the following bounds—Beginning from the place where Bradelaybroke falls into Lude [Loud], going up Bradelaybroke to the Veu Viver, from the Veu Viver directly westward to Bradelaysyke, from Bradelaysyke down to Rammescloucke, and so from Rammesclouke down to Lude, following Lude to the place where Bradelaybroke falls into Lude, with all the land within these bounds. For this concession and quit-claim Ralph gave Robert one sor sparrow-hawk.

[Endorsed]. Adam de Byry puts in his claim. Item Gilbert Barry puts in his claim for the Prior of St. John of Jerusalem in England. John de Knol puts in his claim. (fn. 22)

No. 177.—At Lancaster, on the Quindene of the Purification of the Blessed Virgin, 46 Henry III. [16th February, 1262].

Between John le Peddere and Godith his wife, plantiffs, and Henry de la funtayne, tenant of one toft in Kellet.

John and Godith acknowledged the land to be right of Henry and quit-claimed it to him. For this acknowledgment Henry gave them one mark of silver.

No. 178.—At Lancaster, on the Quindene of the Purification of the Blessed Virgin, 46 Henry III. [16th February, 1262].

Between John de Wolfal and Cecily his wife, plaintiffs, and Thurstan de Holand, tenant of 400 acres of land in Hale. (fn. 23) An assize of mort d'ancestor had been arraigned between them.

John and Cecily acknowledged the tenement to be the right of Thurstan, and quit-claimed it to him. For this release Thurstan granted to John and Cecily five score acres of the said tenement, whereof twenty-one acres lie in the marsh, thirteen acres in the culture called Adam riding, eight acres at the top of the said culture, towards the east, and fifty-eight acres between Adam de Cestre's land and Bokegate, to hold of Thurstan and his heirs, rendering yearly one penny at the feast of the Assumption, for all services. With warranty. If John and Cecily should die without issue between them, the land to revert to Thurstan and his heirs. Moreover Thurstan granted to John and Cecily reasonable estovers in Thurstan's wood of Hale, to wit as much as should suffice for building, burning and making enclosures in that town, without allowance (libratione) of Thurstan's foresters, and to have their pigs in the said wood free from pannage.

[Endorsed]. And Richard de Walton puts in his claim.

No. 179.—At Lancaster, on the Quindene of the Purification of the Blessed Virgin, 46 Henry III. [16th February, 1262].

Between Henry, son of John de Lee, plaintiff, and the Abbot of Cokersand, tenant of the manor of fforton, except forty acres of land. (fn. 24)

Henry acknowledged the tenement to be the right of the Abbot, and of the church of St. Mary of Cokersand, and rendered it to him. For this acknowledgment the Abbot gave him 40s. of silver. Moreover, the Abbot granted to Henry all that tenement which he held of the fee of the said Henry in the town of Lee, on the day of the making of this concord, and yielded it to him, to hold of the Abbot and his successors, rendering yearly 10s. to wit, one moiety at Easter, and the other at the feast of St. Michael for all service, and the Abbot has received Henry into all the benefits and prayers henceforth to be made in the said church.

No. 180.—At Lancaster, on the Quindene of the Purification of the Blessed Virgin, 46 Henry III. [16th February 1262].

Between Augnes de Crokhirst, plaintiff, and Richard de Wofmor and Cecily his wife, impedients of half an oxgang of land in Raynesford, respecting which a plea of warranty of charter had been summoned between them.

Richard and Cecily acknowledged the tenement to be the right of Augnes, as that which she has by their gift, to hold to her and her heirs of Richard and Cecily, rendering yearly one rose at the Nativity of St. John the Baptist for all service, and performing to the chief lords of the fee the service thereto belonging. With warranty. For this acknowledgment Augnes gave them eight marks of silver.

No. 181.—At Lancaster, on the Quindene of the Purification of the Blessed Virgin, 46 Henry III. [16th February, 1262].

Between Hugh, son of Richard de Stapelford, plaintiff, and William de Shingelton, whom Alan de Shingelton called to warrant, and who warranted to him the tenancy (tenentem) of the moiety of one carucate of land, except thirty acres of land, in Broucton [Broughton, par. of Preston]. (fn. 25) And between the said Hugh, plaintiff, and the said William, whom Thomas de Shingelton called to warrant, and who warranted to him the tenancy of thirty acres of land in that town.

Hugh acknowledged the tenement to be the right of William, and rendered it to him. For this acknowledgment William gave him twelve marks of silver.

Footnotes

1 In the year 1256, Assizes were held at Lancaster during the fortnight commencing the 18th June. The Justices in Eyre were John, Abbot of Peterborough, Robert de Thirkleby, Peter de Percy, Nicholas de Hanlau and John de Wyvill. No Assize Roll of this Eyre in Lancashire is now known to exist, but twenty Final Concords made before the Justices are given here, Nos. 141 to 160. In the Pipe Roll of 41 Henry III., the Sheriff rendered account of £652 17s. 10d. amercements of men and townships, particulars of which were given in the Roll of Amercements which the Justices had delivered to the Treasury. Of this sum the Sheriff delivered £531 17s. 10d. to the Treasury, and £121 to Roger, the King's tailor, and to Hugh of the Tower, keepers of the King's wardrobe, to discharge certain purchases made on the King's account in the market of St. Botolph (Boston, in Lincolnshire).
2 Agnes de Brus, widow of William de Lancaster III. She held the fee of Garstang in dower. Robert de Stockport was the grandson of Sir Robert de Stockport, who married Matilda, one of the daughters and co-heirs of Richard, son of Roger. See Cockersand Chartulary, p. 144, note.
3 This is a very important concord, in which we have details of the estates held by the then representative of the Hulton family, David de Hulton. According to the Survey of 1212, "Yerferth de Hulton holds four [read twelve] oxgangs of land in Pennelton of the King in chief, by the service of the sixth part of one knight." (Testa, ii., f. 825.) The carucate of land in Heaton-under-Horwich was included with Worthington, in the half fee which Thomas de Worthington held of Robert Grelley in 1212. (Ibid., f. 822.) In 1302, this half fee had been split up, Richard de Hulton contributing 4s. to the Aid levied that year, viz., for one-tenth fee in Heaton. (Exchequer L.T.R., Foreign Accounts, Roll No. 1.) No doubt, Heaton came to the Hulton family by an early infeudation. The estate in Hulton actually consisted of six oxgangs of land, lying in Higher Worsley, Over Hulton and Little Hulton, and in the year 1212, was held under Gilbert de Notton and Edith de Barton, his wife, as parcel of their fee in Barton and Worsley. (Cf., No. 3, antea, p. 41.) The carucate of land in Blackburn, being a moiety of that town, had descended to Agnes, and Beatrice, daughters and co-heirs of Adam, son of Richard de Blackburn, lord of a moiety of the town, and patron and clerk of a moiety of the Church of Blackburn. (See Whitaker's History of Whalley, ii., pp. 309–311.) Agnes married David de Hulton, and Beatrice married William, brother of David. At this date (1256), William de Hulton was recently dead, his widow accordingly sued the heir at law for a recognition of her dower. The agreement was made by way of fine before the Justices at Lancaster, for greater security. The following addition to the pedigree of Hulton may be here noted. The elder brother of David and William was Richard de Hulton, who was under age at Michaelmas, 1230, and in ward to the Earl of Chester. His father, Richard, was then recently dead. This appears from the record of a suit in the Curia Regis at Westminster, on the Octave of St. Michael, 14–15 Henry III. [1230], in which Robert de Hilton was summoned to reply to the King by what warrant he made assart in the common wood (boscum) belonging to the Manors of Chelford, Ordeshale and Burton, to the hurt of the King's forest of West-dereby. Robert came and said that he held that assarted land by the gift of Richard de Hilton, his brother, by charter which testified thereto. Whereupon he called to warrant Richard, son and heir of the said Richard, who was under age, and in ward of the Earl of Chester, whose attorneys acknowledged that Richard was under age. Ideo sine die. (Curia Regis Roll, No. 107, m. 29 dorso.) At the date of the Feodary of 1242, Richard was still under age, but before 1246, he was dead, and his brother had succeeded to the family estates.
It appears that Pendleton and part of Hulton had been granted by David or his predecessors to Robert de Ferrers, and David, son of Augerel, respectively. This Robert was son and heir of William Ferrers, Earl of Derby. Five years later, i.e. in 1261, he gave in frankalmoign to God and the blessed martyr, St. Thomas, and to the Church by Stafford, "my manor of Sweneshurst and of the Walneys by Saltford, with the appurtenances, together with the mill upon Yrewell, and the site, mill-pool, mill-stream, and suit to the said mill, and the town of Pendilton, with all the villeins holding the villeinage of that town, with all their chattels and sequel." (Chartulary of the Priory of St. Thomas, near Stafford, Phillips MSS., 7899. Vide Staffordshire Historical Collections, vol. viii., p. 179.) Swineshurst and Walneys were part of the Earl of Derby's demesne of Salford, but the names have probably long since disappeared.
4 Manumission by Robert Banastre, baron of Newton, of seven villeins belonging to his demesne of Newton in Makerfield.
5 According to the Survey of 1212, "William, son of Matthew, holds [Eccleston, Rainhill and Sutton] by the service of one knight," of Roger, Constable of Chester, of the Barony of the Constable (i.e., Widnes) within the Lyme. (Testa, ii, f. 818,) This appears to be the same person as William fitz Matthew de Deresburi, who held Daresbury and Over Walton, County of Chester, of the Barony of Halton, temp. Henry III., and was thus returned in the Feodary of 1242, "William de Derisbury holds one knight's fee in Sutton, Eccleston [and Rainhill] of the fee of the Earl of Lincoln's heir in Derbisire." (Ibid., f. 786.) By charter, which passed during the Shrievalty of Sir Robert de Lathom (1249—1254), William de Derresbury granted to Robert, son of Roger de Ireland (Hibernia), with Beatrice, his daughter, in frank marriage, all his land of Sutton, to wit, the homage and service of William Samson, such as belongs to six carucates of land in the towns of Eccleston and Raynhull, and the service of Robert, son of John de Sutton, such as belongs to three carucates in the town of Sutton, and the homage and service of Matthew de Derresburi such as belongs to four oxgangs in the town of Sutton; to hold in fee and inheritance. (Dodsworth's MSS., cxlii, f. 241b.) Robert and Beatrice had issue two daughters and co-heirs, Margery, who married Henry, son of Allan le Norreys of Formby, and Matilda, who married Gilbert le Norreys, brother of Henry. Gilbert and Matilda gave their interest in Eccleston to Henry and Margery, and died without issue. Henry Norreys thereupon succeeded to the whole estate which had been settled upon Beatrice de Deresbury, and was lord of Deresbury and Over-Walton in co. Chester, and of Sutton, Eccleston and Rainhill, co. Lancaster, in 1291, in right of his wife. Probably they had issue several sons, for in 1302, Gilbert Norreys rendered 40s. for the fee in Eccleston, etc., to the Aid levied that year, and he held Sutton of the Earl of Lincoln in 1311. William, his son, was returned as holding this fee in 1320. It would appear, however, that William died without issue soon after. Alan Norreys, another son of Henry and Margery, had a grant of Daresbury from his mother in the 7 Edward II. (1313–14), and held Eccleston in 1311 of the Earl of Lincoln. He married Mabel, daughter of Ralph de Merton, by whom he had issue Alan Norreys, who died seised of both Daresbury and Eccleston cum membris in the 25 Edward III. (1351), leaving an only daughter, Clemence, of tender years. In or about 1360, Sir John Danyers (or Danyel) of Deresbury, having compounded for her wardship, married her to his son, William Danyel, who became lord of Deresbury, Over-Walton, Sutton, Eccleston and Rainhill jure uxoris, and so died in the 8 Henry IV., holding directly of the Crown. In whose descendants this fee afterwards continued. (Cf., Dodsworth's MSS., cxlii., ff. 239–245; Ormerod's History of Cheshire, i., pp. 472, 731–4.) The descent of Norreys of Speke from Norreys of Sutton, as given in the printed pedigrees, appears to have no foundation in fact. The printed pedigree of the latter family is hopelessly incorrect. It appears from the evidence of the Speke Deeds that the former family descended from Alan le Norreys, living temp. Henry III. and Edward I., when he held lands in Hale and Speke; whereas the descent of the latter family from Allan le Norreys of Formby is as above given.
Returning to the subject of this concord, it would appear that the two co-heiresses, Agnes and Avice, were the daughters of William Samson, mentioned in William Deresbury's charter already cited. Probably he died shortly before 1256, whence this concord. Robert Molyneux, the husband of Agnes, settled at Rainhill, and was the ancestor of the long line of Molyneux of that place. From the Molyneux family this moiety passed by marriage to the Lancasters, of which family Thomas Lancaster held, 16–23 Edward IV., one moiety of Rainhill of John Eccleston of Eccleston, by the service of 18d., and one-tenth fee, Eccleston holding of Thomas Daniel of Deresbury. The other moiety descended through the family of Windhull, or Windle, to Burnhull, or Brindle, and then by marriage to Gerard of Bryn, of which family Sir Thomas Gerard held the other moiety in 16–23 Edward IV., by the same service and in the same manner as Thomas Lancaster. (Rental of Eccleston).
6 The mesne tenant of Eccleston owed one suit to the Court of Widnes, as suitor or doomsman, called judex in the Testa de Nevill. Of that Court, the seneschal was president, regulating the procedure and issuing mandates, but he had nothing to do with the judgments of the Court. "Making the judgments" was the function of the doomsmen. (History of English Law, i., p. 535.)
7 The manor of Rainford was, at this time, held of the Earl of Derby by Sir Robert de Lathom, by fealty in socage without any other service. Under whom were a very large number of free tenants, holding small tenements. (Assize Roll, No. 404, m. 4.)
8 Son and heir of Sir William de Carleton, Knt., mentioned in No. 147, antea (p. 120).
9 Simon de Halsall was the father of Alan de Halsall, who in 1212 held one carucate in Halsall of Robert de Vilers, who was mesne tenant under William le Boteler of Warrington. To Alan succeeded Simon II, son and heir, to whom Robert de Vilers released the service of 13s. yearly which he received from Simon and his ancestors for Halsall. (Dodsworth's MSS., xxxix., f. 139 b.) Richard de Halsall, son of Simon, had a grant of four oxgangs of land in Maghull from his father, circa 1250, and probably died young. Gilbert de Halsall, son of Richard, cannot have long succeeded his father in the year 1256. He married Dionisia, and died before the 34 Edward I. (Ibid., ff. 138–143b, passim.) This concord respecting suit of Court undoubtedly refers to Halsall. The reference to it in Baines' History of Lancashire, ii., p. 420, is garbled.
10 No account is given of the earliest known members of the Clifton family in the printed pedigrees, it is therefore necessary, in explanation of this concord, to supplement the existing information. Osbert de Clifton living temp. Henry II., was the father of Walter de Clifton, who in 1212 held ten carucates of land, viz., the townships of Clifton, Salwick, Great and Little Fieldplumpton, Westby and Barton, in thanage by the yearly service of three marks (Testa, ii., f. 820). He died in 1217, in which year William, his son, had livery of his father's estates (Memoranda Roll, No. 1, m. 2.). Sir William de Clifton, having £20 land was knighted circa 1250, and died a few days before the 29th March, 1258, the date of the writ of diem clausit extremum, which was tested by the King himself "at Marton." Henry de Clifton was found to be his son and heir, and had livery of his father's estates, 2nd May, 1258. From this concord, however, we learn that William had another son, Richard, the eldest, who had married Margery, the eldest of three daughters and co-heirs of Sir William de Samlesbury. With his father's consent, Richard had dowered the said Margery on the day of their marriage at the church door, of the third part of the family estates. But he pre-deceased his father, leaving no issue, and Margery re-married before 1257, Robert de Hampton. By this concord Sir William de Clifton agrees with his eldest son's widow that she should resign her right of dower in the Clifton estates in consideration of the sum of sixty marks.
The next concord (No. 162), records a demise of the manor or township of Breightmet to Avina, mother of the daughters and co-heirs of the said Sir William de Samlesbury for life, and a settlement of this estate, subject to this life interest, upon her three daughters. Avina had brought Breightmet to her husband in marriage, but it does not appear what her parentage was. In 1212, William de Notton, son of Gilbert de Notton, held this township of the heir of Ranulf de Marsey by the service of 8s. yearly (Testa, ii., f. 827). I suspect that it passed to Matthew de Notton, a younger son of William, and that Avina was his daughter and heir. But this lacks confirmation. In 1302 it had passed to Sir Robert de Holland and Sir John Deuias, the respective husbands of Elizabeth and Cecily, younger sisters of Margery, in strict accordance with the terms of this settlement, and was then held by military service for the one-eighth part of a knight's fee (Foreign Accounts Roll, No. 1).
11 At Westminster, in Michaelmas Term, 42–3 Henry III., 1258, Maddoc de Acton appeared against William Sturnell in a plea of one rood of land with appurtenances in Quytinton, which he claimed as his right. William did not appear. Judgment—the said land to be taken into the King's hands, and William summoned to appear on the Quindene of St. Hilary (C. R. Roll, No. 160, m. 13d). On the Quindene of St. Martin, Walter de Lyndesey put in his place Philip de Muleswurth versus Maddok le Wallis in a plea of land (Ibid., m. 58). On the Quindene of St. Hilary, 1259, Maddok de Akgton [Aughton] put in an appearance, but William again made default. The Court considered that Maddok should recover his seisin against him. At the same time Maddok de Akgton appeared against Walter de Lyndesey in a plea of five oxgangs of land, except one rood, in Quintynton. Walter made default and the laad was ordered to be taken into the King's hands (Ibid., No. 161, m. 21d). Shortly after, concord was made as above.
12 See Whitaker's History of Whalley, ii., p. 21.
13 See Cockersand Chartulary, pp. 448 n. and 494 n.
14 The Abbey of Merevale appears to have acquired land in Great Hoole between 1232 and 1237. (Cf. p. 113, n). In Hilary Term, 1238, Robert, Abbot of Merevale was pledged to appear on the Octave of Easter in a suit respecting dower instituted by Mary, widow of Robert de Vilers. (C. R. Roll, No. 118, m. 2).
15 At the time of the Survey taken in 1212, William, son of William held twelve oxgangs of land in Royton in thanage by the yearly service of 24s. (Testa, ii., f. 826, where the name is spelt Ruhwinton. In the Pipe Roll of 11 Henry III., it is spelt Ritton.) Nothing more occurs respecting this township until 1246. At the Assizes held at Lancaster that year, Roger Gernet, who had the whole town of Rybeton (sic) to farm of Alice de Byrun, mother of Roger de Byrun, appeared before the Justices, and rendered that land to Roger, son and heir of the said Margery (sic), in the presence of the said Margery (sic), together with the chirograph thereof which he had. And Alice acknowledged that she remitted all her right in that land to Roger her son, for ever. (Assize Roll, No. 404, m. 10 dorso.) In the Survey of 1281–2, is the entry, "Farm of the land of Richard de Byrom 26s. (Mamcestre, p. 173).
It does not appear how Royton came into the possession of the Byron family. The concord states that John de Byron had it by the gift of Alexander Lutterel and Margery his wife. The entry in the Assize Roll of 1246, is slightly corrupt, so that it does not appear whether Alice or Margery de Byron was then virtual owner. Alexander Lutterel was probably the younger brother of Geoffrey Lutterel, feudal baron of Irnham, and very possibly Margery his wife was the mother of Roger Byron named in 1246. The thirteenth century evidences relating to the Byron family are very conflicting, consequently the pedigree affords some perplexing difficulties, which might be cleared up by an examination into the history of the townships of Royton, co. Lanc., Farlington, co. York, and Cadeney, co. Lincoln, which were in the possession of Sir Richard de Byron, Knt., temp. Edward III.
16 Healey, in Rochdale parish.
17 Assizes were held at Lancaster during the fortnight commencing February 9th, 1262. The Justices were Walter de Helyon, John de Oketon, Peter de Chester, and William de Northbury. No Assize Roll of this Eyre has been preserved, but the Pipe Roll of 12 Edward I. contains the following reference:—Henry de Lea, who was Sheriff of Lancaster under Edmund, Earl of Lancaster, until the Earl's death, rendered account in the 12 Edward I. of "£863 8s. 5d. of the amercements of men, townships and wapentakes, to the names of which, the letter t is put in the Roll of that Eyre, which they (the Justices), delivered to the Treasury. In the Treasury nil. And to Edmund, King Henry's brother, to whom that King granted all fines and amercements, as also all the issues of the Eyre of the said Justices, £863 8s. 5d. of those issues, by writ of King Henry. And he (the Sheriff) is quit." (Pipe Roll, No. 128, 12 Edward I., m. 26).
18 According to the Survey of 1212, "Roger, son of William, holds one carucate of land in Reddish, in thanage by 6s. [yearly service.] Matthew de Reddish holds that land of the said Roger by the same service." (Testa ii., f. 826). Probably the Matthew of this concord was a son of the Matthew living in 1212. Geoffrey de Byron had lands in Barton and Monton. At the date of this concord he was proceeding in the Curia Regis against divers persons for trespass in his lands. (C.R. Rolls, Nos. 162 and 171). He was son of Geoffrey de Byron, and probably cousin of John de Byron named in No. 166 (p. 132.) It appears probable that Matthew de Reddish had not long succeeded to the Manor of Reddish, and had instituted a suit before the Justices at Lancaster upon a writ of mort d'ancestor against Robert de Reddish and Geoffrey de Byron who held the manor between them, to obtain from them a recognition of his right of inheritance. Hence these concords. Geoffrey's service was only a pound of cumin or 2d. Perhaps the twenty-four acres represented Matthew's demesne.
19 See Cockersand Chartulary, p. 110.
20 Baldwin le Tyas acquired a considerable estate in the parish of Rochdale by his marriage with Margery, daughter of Hugh de Eland, and widow of Gilbert de Notton. This estate, lying in Butterworth, Clegg, Gartside, Ogden or Okeden, Hollingworth and Haugh, was bestowed by Baldwin upon Robert de Holland (not of Up-Holland) in frank marriage with his daughter, Joan la Tyase (Dodsworth MSS. lxiii., f. 53). After the death of Robert, without issue, Joan married John de Byron, conveying those estates into that family (Ibid.).
21 According to the Survey of 1212, "The men of Hamelton (i.e., the dreughs), hold three carucates of land [there], by 24s. per annum" (Testa, ii., f. 822). On the 18th June, 1213, the King sent word to his Sheriff of Lancaster, that having given "to our beloved serjeant; William Colmose (or Colmore) during our pleasure, for his maintenance in our service, the land which William de Pilkinton held in Hamelton, which renders to us 24s. yearly," he should forthwith give him seisin (Close Roll, 15 John, m. 5). Soon after this, Hambledon was in possession of Geoffrey Arbalaster, of whom Simon de Hamilton and Robert de Sherburne held the manor in 1246, by the service of 8s. and 6s. respectively (No. 104 antea, p. 96). Afterwards the Sherburnes acquired the whole manor from the said Geoffrey's descendants, the Hackensalls. Robert de Sherburne had issue, William, who died s.p., and John, who succeeded. They are the parties to this concord.
22 Cf. No. 116, antea p. 102.
23 Hale was originally part of the demesne of the Crown in Lancashire, temp. Henry II., Richard I., and John. The latter sovereign by charter dated at Rouen, 9th November, 1203, gave it to Richard de Meath, a clerk of the Exchequer, son of Gilbert de Walton, the Serjeant of the Wapentake of West Derby, to hold by the ancient ferm of £4 10s., and an increment of 50s. (Charter Roll, 5 John m. 18.) After some vicissitudes of possession, Richard de Meath obtained from Henry III., by charter dated 19th July, 1227, a confirmation of the former grant. (Charter Roll, No. 19, m. 7.) At the same time the King confirmed to the said Richard, the grant from King John of two carucates of land in Formby, formerly royal demesne, to hold by the ancient ferm of 28s. and an increment of 6s. 8d., and the grant (by Inspeximus), from the said Richard to his brother Henry, in these words:—
"Sciant præsentes et futuri quod ego Ricardus de Mida, filius Gilberti de Waleton, tradidi et concessi Henrico de Waleton, fratri meo, totam terram Meam de Waleton et de Forneby cum omnibus pertinentiis suis, ad se sustinendum tota vita sua; Ita quod si me supervixerit, ipse et hæredes sui post eum habeant et teneant predictas terras de Waleton, et de Forneby cum omnibus pertinentiis suis de domino Rege et hæredibus suis sicut et hæredes mei. Concessi etiam eidem Henrico et hæredibus suis post decessum totam terram meam de Hales cum omnibus pertinentiis suis, habendam et tenendam sibi et hæredibus suis de domino Rege et hæredibus suis, sicut eam tenui per seruicium quod ego domino Regi feci. Hiis testibus—Willelmo Blundel, Willelmo de Wigorn' clerico, Adam de Mulin[aus], Ada filio Roberti, Roberto de Mulin[aus] Hugone Norrensi, Ricardo de Ecleston, et aliis." (Ibid., m. 6).
Shortly afterwards, Richard de Meath granted Hale to Cecily de Columbers, and to her children by him begotten, and to their heirs, to hold of him for life, and after his decease, of Henry de Waleton, his brother and his heirs, who are his (the grantor's) heirs, with remainders after the death of Cecily to (1) Richard, her eldest son in fee, (2) to Geoffrey, second son, (3) to Adam, third son, (4) to Henry, fourth son, (5) to Edusa, and (6) to Cecily, daughters, to hold in fee of Henry de Waleton and his heirs, rendering yearly at Michaelmas, £7 sterling to the King and his successors, and 12d. or 1 lb. of pepper to the said Henry and his heirs. The date of this grant lies before November, 1233, when Sir William le Boteler, one of the witnesses, was dead.
These grants appear to have been complicated by a grant from Henry III. to Nicholas de la Huse, for his good services, of a chief rent of 60s. issuing out of the vill of Walton, and another chief rent of £7 issuing out of Hale, to hold in fee; which chief rents the said Nicholas conveyed to Thurstan de Holand. (Hale Deeds.) Another version, however, of the feoffment to de Holand, appears in a complaint of the tenants of Hale, probably of a date circa 20 Edward I., to the effect that when Henry de Hale (fourth son of Richard de Meath) was dying, one Thurstan de Holand, who had married his daughter, as the said Henry lay at the point of death, his memory lost, took the seal which he had around his neck, and made use thereof to issue charters granting the Manor of Hale to himself, the said Thurstan, and to Robert his son, who thereupon entered into possession to the injury of those who held by the charters of King John and King Henry. (Ibid.) As Henry de Hale died without issue, the former version appears to record the true conveyance of the manor to the Holand family. The subsequent disputes which arose respecting the title of the heirs of Richard de Meath to lands in Hale, point to Thurstan de Holand and his heirs as mesne tenants of Hale, and therefore over-lords of the heirs of Richard de Meath. Another question also appears to be raised. Were the children of Cecily de Columbers by Richard de Meath legitimate ? In the settlement above recited Richard does not describe Cecily as his wife, but he refers to his brother's heirs as being his own heirs. However this may be, it appears from the evidence of the Hale Deeds that all the sons of Richard de Meath died without issue, their title descending to their sisters, Cecily, wife of John de Wolfall (cf. No. 68, antea, p. 78), and Edusa, wife of one Austyn living in Ireland, to whose son Adam Austyn de Ireland and to his heirs by his wife Avina, daughter of Sir Robert de Holand (son and heir of Thurstan abovenamed), the Manor of Hale afterwards descended, temp. Edward I. (Hale Deeds).
It appears that Cecily de Columbers died shortly before the year 1260, whereupon William, son and heir of Henry de Waleton (brother of Richard de Meath) endeavoured to wrest the manor from his cousin, Henry de Hale, as appears by the following extract from the Plea Rolls:—"On the Quindene of St. Michael, 1260, in the King's Court at Westminster, William, son of Henry de Waleton sued Henry, son of Richard de Meath for the manor of Hales with appurtenances, which Cecily de Columbers held of him, and which ought to revert to him as his escheat by reason that Cecily died without heir. Henry did not appear. The manor to be taken into the King's hands. Henry to be summoned to appear on the Quindene of St. Martin (Curia Regis Roll, No. 169, m. 11 dorso). On which day Henry came and prayed for a view. A day was given them in five weeks from Easter (Ibid., m. 61), when Henry, son of Tircy (sic) de Meath defended his right, and pleaded that it was not possible for him to reply to the writ, because he did not hold the whole manor; that one Herbert, parson of the church of Childeworth (read Childwall) holds one messuage and three and a half acres and the site of a chapel, which are of the appurtenances of that manor. This William could not deny, and he prayed for licence to withdraw from his writ, and he has it (Ibid., No. 171, m. 32 dorso). Apparently both parties to this suit died before the end of the year 1261, and John de Wolfall and Cecily, his wife, succeeded to the title held by Henry de Hale, brother of Cecily. Thurstan de Holand, however, asserting his right as mesne tenant, John and Cecily took action against him upon a writ of mort d'ancestor before the Justices in Eyre at Lancaster, with the result that the above Concord was concluded between them. It will be noticed that Richard de Walton— who was probably son and heir of William de Walton, plaintiff in the suit recorded in the Plea Roll— "puts in his claim."
24 See Cockersand Chartulary, p. 364.
25 Broughton was given by William, Count of Boulogne and Mortain, and Earl of Warren (between 1153—1160), to Ughtred, son of Huck, to hold by the service of 8s. (Dodsworth MSS. cxlix., f. 49). It descended to Richard, son of the said Ughtred, who was put out of seisin by Theobald Walter. King John afterwards seized it, upon the death of Theobald, and in the Survey of 1212, it is described as being in the King's hands (Testa, ii., f. 822). Afterwards the King gave it to William le Sauser, but it was restored to Alan de Singleton, son of Richard, by Henry III., and was in the hands of Alan's son and heir, William de Singleton, on the 22nd March, 1261, when it was found by inquisition that the manor ought not to be tallaged (Escaeta, 45 Hen. III., No. 37). He was the father of Alan de Singleton, and probably of Thomas, both named in this concord. Hugh de Stapleford, son of Richard, belonged to a good Nottinghamshire family, but it does not appear in what way he was connected with the Singletons of Broughton.