Pleas and evidences
Fos. 60-62

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Institute of Historical Research

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Author

John Brownbill (editor)

Year published

1914

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Pages

124-138

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'Pleas and evidences: Fos. 60-62', The Ledger Book of Vale Royal Abbey (1914), pp. 124-138. URL: http://www.british-history.ac.uk/report.aspx?compid=52596 Date accessed: 25 July 2014.


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Fo. 60.

The agreement (fn. 1) between the abbot of Vale Royal and Thomas de Venables.

Be it remembered that in the year of our Lord 1337, and in the 11th year of the reign of King Edward the Third after the Conquest, on Sunday next after the feast of St. John before the Latin Gate [11 May] in the vill of Merton, this agreement was made between the abbot and convent of Vale Royal on the one part and Thomas de Venables, son of William de Venables, on the other part:

In the vill of Merton, in the presence of Monsieur Hugh de Venables, Sir John de Arderne and Sir Periz de Thornton and others. Whereas the said Thomas challenged and claimed for himself and Aleyne, his wife, as of the fee and inheritance belonging to the land which he held in the lordship of Budworthe next the pool (stang') of Darnhale in consequence of the overflow (par le refoul) of the water on his land aforesaid, a fishery which he has used for a long while by force and arms, contrary to peace. And it was thereupon agreed between the parties that the abbot should take an oath with five of his counsel that he had done no wrong to the said Thomas, but had used his right in the manor of Darnhale, belonging to his church of Vale Royal, as the King had enfeoffed him and his predecessors, abbots of that place, at the first foundation of their abbey. And this oath was taken by the abbot with Sir John de Venables, Thomas Daniers, Thomas de Erdeswyk, the abbot's steward, Robert de Wynynton and John de Cotton. And after this the said Thomas offered to the abbot £20 for his amends, whereof the abbot took 60s. at the following terms, to wit, at the feast of St. Martin following next after the making of this agreement 20s., and so from year to year at the same term 20s., until the sum abovesaid was paid. And likewise the said Thomas de Venables solemnly took his oath that never, with nets or in any other way, would he fish in the abbot's pool of Darnhale, however much the water might overflow, and would do no other harm to the abbot or his people, either himself or through his people. And whereas the said Thomas had wounded John de Eynesham, monk of Vale Royal, and had taken from him and from his servants bows (arks), arrows (cetes), swords and divers other things contrary to right, he pledged him 100s. for his amends, and would give him a suitable bow with the arrows (cetes) belonging, or a sore sparrow-hawk. And also the said Thomas pledged ½ mark to John Hele, whom he had beaten against the peace, for which he would give him 40d. for his amends.

And the knights abovenamed, that is to say, Monsieur Hugh, Sir John and Sir Periz, who came with the said Thomas de Venables, undertook that the said Thomas should keep these covenants in all things, and if not then the said lords will utterly cease to maintain the said Thomas, and will maintain the said abbot against him [fo. 41 (278)]. And there were present at this agreement the knights above named, with Thomas de Venables, William de Venables, his brother, Nicholas de Wetenhall and William de Wetenhale, and William de Spurstowe and others. With the abbot came those who swore with him, and John de Wetenhale and John, his eldest son, and Hugh de Tabbelee, sergeant at law, Thomas de Erdeswyk, the elder son, and Thomas Daniers the younger, and Hondekyn de Wynynton, son of Robert de Wynynton, and others.

"Then followed in the Leger booke fo. 60b the quo warranto or claim of the Abb. of Val Royall wch I had in lib. I. fo. 158, therefore forbeare writting it here."—H. A copy of the proceedings has been added here from the MS. referred to—Harl. MS. 2115, fo. 158b (now 130b). A similar inquiry was made in the time of Henry VII, and a paper draft of the proceedings remains in the Public Record Office.

[Quo Warranto Inquiry in 1350.]

Of the Pleas of the county of Chester held at Chester before Thomas de Ferrers, justice of the Lord the Earl of Chester, on Tuesday the feast of St. Lawrence, 24 Edward III [10 August 1350].

The abbot of Vale Royal was summoned to answer the Lord the Earl concerning a plea as to the warrant by which he claims to have the reasonable gifts of lands, men and alms, either at present granted to him and his successors by the king, or hereafter to be conferred by the liberality of any other persons, or otherwise acquired or hereafter to be acquired, as well in churches as in mundane things and possessions, with homages, rents, lordships, villeinages, together with services of free tenants and of villeins, villeins and the profits thereof, advowries, wards, reliefs and escheats, in frankalmoin for ever. And that whensoever the king or his heirs should happen to tallage their demesnes, then the abbot and his successors for ever may tallage their men and tenants of the manors of Darnhale, Weverham and Conwardeslegh, without licence or special mandate from the King or his heirs, and may levy and have such tallages themselves or by their servants to their own use. And that the abbot and monks of Vale Royal and their successors shall be quit of all fines (mi'js) for ever. And also to have in his manors of Darnhale, Weverham and Conwardeslegh, Merton, Twemelowe and Moresbarwe, soc and sac, tol and team, infongenthef, utfongenthef, withgultthef, hamsoc, wayf, grithbroche, blodwite, fyghtwyte, ferdwite, frithwite, hongewite, leyrwite, flemeneswyte, flemenesfryth, flemensfremth, murder, theft, forstal, ordel, orest, and amends of bread and ale. And to have the amercements of their men, wheresoever and in whatsoever manner they may be amerced in the courts of the king or of his heirs, before the king or his heirs, or any his justices, bailiffs or servants whomsoever. And also if any of the abbot's men be amerced to the king or his heirs, or their bailiffs, on account of any cause or debt or forfeit, that those mercies and amercements shall be returned to them. And that he and his predecessors, and their men, ought to be free from all scot and geld and all aids to the king, the sheriff and all his servants, and from hidage, carucage, danegeld, hornegeld, and from scutages, tallages, lestages, stallages and shyres, hundreds, wapentakes, pleas and complaints, wardepany, haverpany, hundredpany, stothpany, boredhalpany, botelpany, tynipany, and from works on castles, parks and bridges, and from fencing, and from all carriage, murage, summage, carriage by boat, building of the king's houses, and from work of all kinds. And that their woods and the woods of their men and tenants shall not be taken without their licence and consent for doing any works, and in like manner their corn and their other goods shall not be taken for defending castles. And also by what warrant he claims that they and their successors [fo. 131 (159)] and their men and tenants aforesaid ought to be quit for ever from the payment of all toll on their own goods and merchandize, which they may have sold or bought to their own use in any market or fair, and in crossing of all bridges, roads and seas throughout the land and dominion of the king and his heirs, [and] in all other places in which they may give and grant liberties to them. And that all the markets (mercata) of them and their men ought likewise [to be quit] in the aforesaid places from the payment of all toll. And that their ships shall have free transit through all the king's dominion, without any exaction or custom. And if any of their men ought to lose life or limb for any offence, or shall have fled and refused to abide judgment, or shall have committed any other offence for which he ought to forfeit his goods, he claims to have those goods to him and his successors, together with the year and and waste of those lands and tenements, which ought to pertain to the king and his heirs out of those lands and tenements. And also to have and to hold all their lands and tenements and the manors of Darnehale, Wevereham, Conwardeslegh, Merton, Moresbarwe and Twemelowe in frankalmoin and free of all secular service. Also by what warrant he claims to have in the manor of Darnehale and Over [a court] every fortnight, stocks and pillory (collistrigium), thew and tumbrel, and all things which belong to view of frankpledge, as the king and his predecessors ever most fully and freely held the same manor. And by what warrant he claims to have in the manor of Weverham a free court every fortnight, prison and gallows, and all things which to view of frankpledge belong, as the king and his predecessors ever most fully and freely held the same manor. And also by what warrant he claims to have to him and his successors for ever a market at Overe on the Wednesday in each week, and a fair there every year lasting three days, to wit, on the vigil, feast and morrow of the Exaltation of Holy Cross. And by what warrant he claims to have warren in all his demesne lands of Vale Royal, Conewardeslegh, Stanthorn, Wevereham, Morebarwe [and] Twemelowe in the county of Chester. And also by what warrant he claims to have "tol" of all his men buying salt in Northwich and Middlewich, as he and his predecessors have been accustomed to have freely and quit of all impediment from the time of the foundation of the monastery of Vale Royal. And by what warrant he claims to have sergeants of the peace to arrest thieves and malefactors in the demesne manors of Darnehale, Overe and Wevereham, and to take them to the prison of Wevereham, of which prison he claims to have the custody, and to arraign them of thefts and misdeeds in the court aforesaid, and to adjudge them according to the law, as to life or death. And that all persons buying salt at his two saltpans in Midlewich, which are parcels of the manor of Darnehale, and at his three saltpans in Northwich, which are parcels of the manor of Wevereham, ought to be quit from paying all toll to the Earl of Chester and his heirs. And also by what warrant he claims to have every year a cask of wine of the prise of the king, founder of the abbey aforesaid, and of his heirs at Chester, for celebration of divine service in the abbey aforesaid. And by what warrant he claims to have a free court in the city of Chester every three weeks, and to take amends for trespasses committed in his tenements there by his tenants. And also by what warrant he claims to have his coroner in his manors of Darnehale, Wevereham, Conewardeslegh, Merton, Moresbarwe and Twemelowe. And by what warrant he claims to have a park in the manor of Darnehale to him and his successors for ever, contrary to the sword and dignity of the Earl etc.

And the abbot comes and says with regard to all the liberties aforesaid—(except his claim to have in the manor of Darnehale and Over a free court every fortnight, and to have in the manor of Wevereham a free court every fortnight, prison and gallows, and to have toll of all his men and tenants buying salt etc. [fo. 131 (159b)]. And to have sergeants of the peace for thieves and malefactors etc. And that all persons buying salt in the two saltpans in Midlewich and in the three saltpans in Northwiche etc. And to have a free court in the city of Chester etc. And to have a coroner in the manors etc.)—that Edward, formerly King of England, grandfather of the now king and greatgrandfather of the Earl, gave and by his charter granted to the abbot and monks of Vale Royal and their successors, all the manors, lands and tenements, and all the liberties aforesaid, in frankalmoin for ever, as fully, freely and wholly as he theretofore held the same, and at that time the same manors, lands and tenements possessed [ffil' fuer'] those liberties not contained in the charter, which charter the late king of England, father of the now king and grandfather of the Earl, when he was Earl of Chester, inspected and confirmed. And he produces here the same charter, which bears witness to the premises in these words:

Edward, by the grace of God King of England, Lord of Ireland and Duke of Aquitaine, to the archbishops, bishops [etc.] greeting. We have inspected the charter which the Lord Edward of celebrated memory, late King of England, our father gave to the abbot and convent of Vale Royal in these words:

The King to the archbishops, etc., greeting. Know ye that whereas we, for the health of our soul and for the health of the soul of King Henry, of famous memory, our father, and of the souls of our heirs and ancestors and successors, have now founded anew the abbey of Dernehale, of the Cistercian order, which we lately founded, upon a vow made when we were in danger at sea, in the precinct of the manor of Dernehale (fn. 2) in the county of Chester, which aforesaid abbey, at the request of the abbot and monks thereof, [we have caused to be refounded] not far from the aforesaid place of Dernehale, in a more suitable place, (fn. 2) which used to be called Whetenehalewes and Munecheneswro, which the same abbot and monks shall possess to them and their successors for ever by our grant, and which place we have had named Vale Royal: now, lest any damage or danger in process of time may in any way come upon the abbot and convent of the same abbey of Vale Royal, or their successors, touching their lands, goods, possessions, churches, rights or liberties, granted by us to them, when the abbey aforesaid was founded, by reason of the change aforesaid, we will and grant for us and our heirs that the aforesaid abbot and monks, and their successors, shall have and hold that abbey founded a new in the same place of Vale Royal, with the manors, lands and tenements, woods, meadows, pastures, vivaries, fisheries, churches of Kirkham, Frodesham, Weverham and of the Castle of the Peak, with the chapels, members and other things to the same churches belonging, with all the rights, liberties and free customs underwritten, freely, quietly, well and in peace, to them and their successors serving God there, in frankalmoin for ever, in this form: to wit, the whole manor of Dernehale and Ovre, together with the meadow, in wood and in plain, in men and other things or liberties whatsoever, and with all things else to the said manors belonging, as we have ever most fully and freely held the same, without any reservation; and also the advowsons of the churches of Frodesham and of the Castle of the Peak, with their chapels and their other appurtenances. And also the whole manor of Weverham, with the advowson of the church of that town, homages and services of free tenants of the same manor, villeinages, villeins and their profits, wards, reliefs, escheats, rents, woods, meadows, pastures, heys, waters, mills, ponds, vivaries, and with all other liberties [and] free customs to that manor in any way belonging—saving to us and our heirs the homages and services of those who hold of us in the said manor by serjeanty or knight service—as [fo. 132 (160)] freely, wholly and peacefully, as we have at any time best and most wholly held that manor, the which manor we gave long since to our well-beloved and trusty Roger de Clifford, who afterwards gave it back to us, and quitclaimed it from him and his heirs for ever. And also the whole manor of Conewardesle with the appurtenances, which we formerly gave to Walter de Vernoun, and which the same Walter by his charter of his own free and uninfluenced will lately gave back to us, and quitclaimed from him and his heirs to us, our heirs or assigns, for ever, with the homages, rents, demesnes, villeinages, services of free tenants and of villeins, villeins and their profits, wards, reliefs, escheats, woods, meadows, pastures, moors, turbaries, heys, vivaries, ponds, mills and all other easements, liberties and free customs to the aforesaid manor in any way belonging. And also all the manor of Gayton in Wyrhale in the county of Chester, with the appurtenances, which we gave and granted long since to Reginald de Tybermont of Normandy, and the same Reginald afterwards gave back into our hands, with all things to that same manor belonging, and by his charter quitclaimed to us and our heirs or assigns from him and his heirs for ever. And also the whole land in Moresbarewe, with its appurtenances, which by our charter we gave and granted to James le Vilur, which land the same James afterwards gave back into our hands, and also by his charter remitted and quitclaimed to us, for him and his heirs for ever. And also all the land in Nethre Litel Ovre, which belonged to Hugh de Merton, brother and heir of Ranulph de Merton, clerk, and all the land of Ranulph son of John of Littel Over, and all the land of Nicholas Baret, son of Richard Baret, in Nether Litel Oure. And all the land of Hervey de Bradeford, and of Robert, (fn. 3) son and heir of the same Hervey, in Bradeford. (fn. 3) And also all the land of Ranulph de Sutton, son and heir of Ranulph de Merton, in Sutton, which lands the aforesaid Hugh, Ranulph, Nicholas. Hervey, Robert and Ranulph gave up into our hands, quit of them and their heirs for ever, with all the liberties which they had, or could have, in woods, commons, moors, pastures, wastes and all other their appurtenances, without any reservation. And also the two oxgangs of land, with the appurtenances, in Lachemaubank, which we had of the gift and grant of Roger Throstel of Makelesfeld. And all the land, with the appurtenances, which we had of the gift and grant of John de Cotun, son of Maud de Lache, who was daughter of Gralam de Lachestoke, in the manor of Lachemaubank. And also the whole land of Twamelowe, which William de Hawardyn lately sold, with all its appurtenances, without any reservation, in men, rents, wood and plain, paths, ways, meadows, pastures, moors, heys, waters, ponds, mills, vivaries and all other easements, liberties and free customs, to the aforesaid land belonging; and also the moor and vivary, with the appurtenances, called Ocmare, in our forest of la Mare.

We grant, moreover, and have confirmed, for us and our heirs, to the same abbot and monks and their successors, all reasonable gifts of lands, men and alms, either now conferred upon them by us, or hereafter to be conferred by the liberality of any persons, or otherwise acquired or to be acquired, as well in churches as in temporal things and possessions, together with the tenements underwritten: to wit, all the land which was John de Wydynton's in Little Over, with all its appurtenances, and the liberties and rights to the said land belonging, which we had of the gift and grant of the same John, with the assent and consent of Sibyl daughter and heir of Ranulph de Asshe, wife of the said John. And all the land that belonged to Hugh de Norwich, clerk, with all the buildings raised, easements, commodities, liberties and appurtenances, the which land the said Hugh gave and granted to us, and by his charter confirmed. And one salt-pan in Middlewich, which we had of the gift and grant of William son of Ralph Selysawell, that land, to wit, which is next Newesed, by the metes and bound by which Richard de Wodford, chaplain, formerly had and held the same salt-pan, with all the liberties and [fo. 132 (160) d] easements to the same salt-pan belonging. And all the eighth part of the whole wood of Twamelawe, which we had of the gift and grant of Thomas Bathel, and all that part of the whole wood and waste, and all that part of the meadow called Tounemedowe, as well in the out-wood as in the groves, which we had of the gift and grant of Thomas son of Brun of the same vill, with all their appurtenances and liberties. Moreover we grant and confirm, for us and our heirs, to the same abbot and convent and their successors all the land of Westcroft in the vill of Little Stanthirle, with all its appurtenances, which they have of the gift and grant of Ralph de Vernon; and all the land that they have from Ralph de Vernon, with all its appurtenances, in the same vill, which the said Ralph de Vernon bought from Henry Dudefyn, and all the moss which the same Ralph had by gift of Gilbert (fn. 4) Dudefyn, with its appurtenances in the same vill; and all that field in Great Stanthirle, which the said Ralph had of the gift of Hugh le Royer, together with the whole portion of moor belonging to the aforesaid land of the said Ralph, with all its appurtenances. And all the land in our city of Chester, which Robert le Bern gave and granted to the aforesaid abbot and monks, which lies between the land of the Hospital of St. John of Chester up to the house of Ralph del Pillori, and also the house in which Thomas de Newenawe some time dwelt, with all their appurtenances, and one shop which Richard the apothecary some time held, and the shop which Christian, mother of the wife of the said Robert le Bern formerly held, and eleven shops called the cobblers' shops in Bruggestrete, which Alexander Hurel sometime held, with all their appurtenances and liberties, and all that land in the East Street of the city of Chester, lying between the land which was Matthew the clerk's and the land that belonged to John son of Hulkel, with all its appurtenances and liberties, and all that plot of land which belonged to Robert called the Chamberlain, lying between the said Robert's land and the land of the abbot of Vale Royal in Bruggestrete in the city of Chester, which plot of land contains nineteen feet in breadth, and stretches in length from the land that belonged to Richard le Mercer to the land of the house of the said abbot of Vale Royal, and contains thirty-two feet in length, together with all its appurtenances and its liberties; and also one salt-pan in the vill of Northwich, which they have of the gift and grant of Hugh de Wynynton and Maud his wife, and of the gift and grant of Ralph Swetbrond, with all its appurtenances and liberties; and also (fn. 5) that messuage in Kyngesle, which they have of the gift and grant of William Launcelyn, with all its appurtenances and liberties; (fn. 5) and also that oxgang of land in Lache by Rudhethe, which they have by exchange with the prioress and nuns of Chester.

Moreover we will and grant for us and our heirs, that the aforesaid abbot and convent, and their successors, shall have pasture and their reasonable estovers with other easements in our forests in the county of Chester, and also quarry and all other things which may be necessary for the construction and maintenance of the buildings in our abbey aforesaid, and for making glass. And that the men and tenants of the aforesaid abbot and convent shall have pasture and their reasonable estovers in our forests aforesaid, as in the time of Earl Ranulph and of other former lords of Chester they were accustomed to have. We will, moreover, and grant, and by our present charter have confirmed, for us and our heirs, to God and the Blessed Mary, and to the aforesaid abbot and monks of Vale Royal and their successors, that they shall have and hold all the manors, churches, lands and tenements aforesaid in frankalmoin for ever, with the homages, rents, demesnes, villeinages, services of free tenants and of villeins, villeins and their profits, advowries, (fn. 6) wards, reliefs, escheats, woods, plains, meadows, pastures, ways, paths [fo. 133 (161)], moors, turbaries, heys, waters, vivaries, ponds, fisheries, mills, in granges. thickets, within borough and without, and in all other places, with all easements, liberties, quittances and free customs, to the aforesaid manors, churches, lands and tenements in any way belonging. We grant, moreover, for us and our heirs to the aforenamed abbot and monks and their successors, that whensoever we or our heirs shall happen to tallage our demesnes, the said abbot and monks and their successors for ever may tallage their men and tenants of the manors of Darnhale, Weverham and Conewardesle, without licence or special mandate from us or our heirs, and may levy and have such tallages to their own use, by themselves or their servants. Moreover we grant for us and our heirs to the same abbot and monks, and their successors, that they shall be quit of all fines (misericordiis) for ever, and that in the manors aforesaid they shall have soc and sac, toll and team, infangenthefe, utfangenthefe, wysgilthefe, hamsoc, wayf, grythebruche, blodewyte, fyghtwyte, ferdwite, frythewyte, hengwyte, leyrwyte, flemeneswyte, flemenesfrethe, murder, theft, forstall, ordelf, orest and amends of bread and ale, and also the amercements of their men wheresoever and in what way soever they shall be amerced in the courts of us or our heirs, before us or our heirs, or any our justices, bailiffs and officials whomsoever. And also if any of their men be amerced to us or our bailiffs, for any matter or debt, or forfeit, the fines and amercements shall be given up to the aforesaid monks. Moreover we grant, for us and our heirs, that the aforesaid abbot and monks, and their successors, and the men of them [and their] successors shall be free from all scot and geld, and all aids of kings, sheriffs and other their officials, and from hidage, carucage, danegeld, hornegeld, and from scutages, tallages, lestages, stallages, and shyres, hundreds, wapentakes, pleas and complaints, wards, wardepany, haverpany, hundredpany, scotpani, boredhalpany, botelpany, tynigpany, and from all works upon castles, parks, bridges, and fences, and from all carriage, murage, summage, carriage by boat, building of royal houses and every kind of work. And we forbid that their woods, and the woods of their men or tenants, shall be taken in any way for the aforesaid works or for any others, without their licence and good will. And in like manner that their corn, and the corn of their men and tenants aforesaid, or any other their goods, shall not be taken for the defending of castles.

Moreover we grant, for us and our heirs, to the same abbot and monks, and their successors, that all their lands and tenements, and the lands and tenements of their men and tenants, in the manors and places aforesaid, being as well in wood as in plain, shall be disafforested, and outside all power of the foresters, verdurers, regarders, agisters, and all other bailiffs and officials of our forest, and that they may deal with their woods in the manors aforesaid at their will, whensoever and as often as they please and see fit for their convenience, and assart those woods, and bring them into cultivation, and retain them in cultivation to them and their successors for ever, without impediment from us and our heirs, the foresters and verdurers, and all other the bailiffs or officials of our forest, or from any other persons. Forbidding any of the foresters, verdurers, agisters, regarders, and all other officials of the forest of us or our heirs, to enter the lands and tenements belonging to the abbey aforesaid, to make any distraints or to take pledges therein, or to do any other things which belong to forestry or the service of the forest. And further we grant, for us and our heirs, that the aforesaid abbot and monks, and their successors, and their men and [fo. 133 (160) d] tenants aforesaid, shall be for ever quit from all toll payable upon their own goods and merchandize which they may sell or buy to their own uses, in all markets and fairs, and in crossing all bridges, ways and seas throughout our land and dominion, and in all other places in which we can give and grant these liberties to them, and that all their markets (mercata) and the markets of their men shall likewise be quit from all toll in the said places. And that the ships of the same monks shall have free passage throughout our dominion, without any exaction or custom. Moreover we grant, for us and our heirs, to the aforenamed abbot and monks, and their successors, that if any of their men or tenants aforesaid ought, for any offence, to lose life or limb, or shall flee and refuse to abide judgment, or commit any other offence for which he ought to lose his goods, those goods shall belong to the abbot and monks aforesaid, and their successors, together with the year and the waste of the lands and tenements aforesaid, which ought to belong to us or our heirs out of such lands and tenementis.

And moreover, whereas the most holy fathers in Christ, Pope Honorius IV and Pope Nicholas IV, led by the hand of God and at our instance, have granted to the aforesaid abbot and convent and their successors, to their own use, the churches of Kyrkham in the county of Lancaster and of the Castle of the Peak in the county of Derby and Frodesham and Weverham in the county of Chester, the advowsons of which we by our charters had granted to the aforenamed abbot and monks of Vale Royal, and their successors, we ratify and confirm the said grant and appropriation, and signify our assent to the same for us and our royal heirs. And therefore, although the aforesaid abbot and convent, before the appropriation made to them, as we have said above, or requested in the court of Rome, presented no parsons to the said churches of Kirkham, the Castle of the Peak, Frodesham and Weverham, nevertheless we will and grant, for us and our heirs, that the aforesaid abbot and convent, and their successors, shall have, hold and possess the churches thus appropriated to them for ever, peacefully and quietly in all ways, so that neither we nor our heirs can ever hereafter have or sue any right or claim, or any action by writ of last presentation, or without a writ, or by any other writ whatsoever, or even by reason of our statute of mortmain recently published, against the aforesaid abbot and convent or their successors, nor challenge any right or claim in the advowsons of the aforesaid churches.

Wherefore we will [etc.]. Given by our hand at Stepney on the fifteenth day of May. By the king himself.

Whereupon the aforesaid now abbot says that he and all the abbots his predecessors have been seised of all the liberties above claimed, as well contained in the charters as not contained, from the time of the granting of the charters aforesaid without interruption. And by this warrant he claims to have the liberties aforesaid. And he demands that all the liberties aforesaid shall be allowed to him etc.

And John de la Pole, who sues for the Earl, demands that the aforesaid abbot shall state and declare to the court here, what and what kind of profit he claims and has heretofore taken by virtue of the general words above named.

And the abbot says that by the aforesaid word to advow he he claims that, if any one shall have committed a felony in any his land, or if any one's villein shall have fled to the said abbot's land and wish to remain there, he shall give to the abbot and convent yearly 4d., or more or less according as he can make an agreement, and if he dies in the said land without an heir, the aforesaid abbot shall have all his goods, and, if he have an heir, a heriot. And by those words wards, reliefs and escheats, to take as the king will take of his own tenants. And by those words may tallage their men and tenants, this is that when the earl causes a levy of the fifteenth or twentieth part of the goods of his tenants of the commonalty of Chester, the said abbot and his successors may levy in the same manner from their tenants of the manors of Darnehale, Wevereham, and Conewardeslegh, without licence or mandate of the earl. And by those words that they shall be quit of all fines (misericordiis) it is meant that, if the aforesaid abbot should be amerced for any offence or any other cause in the county of Chester, either before the earl or before any of the earl's servants in any other court, no amercement shall be taken from the said abbot or his successors.

And by the aforesaid word soc he claims to have suit of all his tenants at his court; and by sac the cognizance of pleas of his tenants belonging to courts baron; and by tol, to tallage his villeins high and low (alto et basso) at will; and by them to have all the profit and progeny of those same villeins. And by that word infongenthef he claims to have, that, if any thief be taken in his lordship, with the stolen goods, at the suit of the party wishing to prosecute him or of the abbot himself, he shall be referred to the said court to be held at Weverham, and if the person so taken, after he has been arraigned, wishes to put himself upon an inquest, he shall be admitted thereto, and if he be found guilty judgment shall be passed upon him according to the common law. And if at the first court he challenge all of the inquest except one or two, another court shall be appointed to be held there at the customary time; and if then he wishes to put himself upon an inquest, he shall be sent to the gaol at Chester with the stolen goods, and, if he be convicted there, he shall be delivered to the aforesaid abbot's steward, with the stolen goods, to do execution therein, in the liberty of the aforesaid abbot. And by utfongenthef he claims that, if any of his tenants or men be convicted of anything done outside the liberty aforesaid, before the servants of the earl, he shall be delivered to the steward of the aforesaid abbot, to do execution therein in the liberty aforesaid. And by wythgultthef he claims that, if any one be taken for theft committed outside the liberty aforesaid, the abbot shall have the pelfry in his liberty and his body shall be committed to the gaol at Chester. And by hamsoc [he claims] to have the amercements and fines of all persons soever entering the houses of other people against their will, or making assault on any one or common arrest contrary to the peace or in any other way to (per) the injury of [fo. 134 (161a)b] his men and tenants in the liberty aforesaid. And by wayf he claims that, if any beast be found in the liberty aforesaid out of the custody of some person, and be taken by him or his servants, it shall be proclaimed for three days in the church and in the market-place; and afterwards the ownership thereof is in the abbot, if no one comes within a year and a day to claim it; and also if any beast be stolen, and the thief flees, then the ownership of the same beast remains in the abbot. And by grythbruche he claims that, if any one shall have committed a breach of the peace by hue and shedding of blood, the abbot shall have the amercements and fines. And by blodwyte and fyghtwyte he claims to have the amercements and fines of all persons drawing blood from other men, and fighting contrary to the peace in any way in the liberty. And by flytwyte he claims that, if any one make any contention by flyt, the first and second time he shall be amerced, and the third time he shall be punished by the pillory or tumbrell. And by ferdwyte, that, if any one run away on account of suspicion in the liberty aforesaid, he shall be received there by the abbot, and [the abbot] shall have the profit according as they may agree. And by frythwyt he claims to have the fines and amercements of all persons fighting or coming to agreement thereupon (concenserint) in the liberty aforesaid. And by leyrwyt he claims to have fines for persons seduced (coruptis) in the liberty, according as they can agree. And by flemeneswyt he claims that, if any one take refuge from the county in the liberty aforesaid with his goods, for any cause whatsoever, he shall dwell there in peace on making a fine with the abbot. And by flemenesfryth he claims that, if any person comes into the said liberty for any cause whatsoever, he shall dwell there upon giving something (pro suo dando). And by flemenesfremth he claims that, if any person flee into the said liberty for any cause whatsoever, he shall dwell in peace there as though in a church. And by murder he claims to have the amercements when judgment of murder is given in his lordship. And by theft he claims to have the pelfry when any thief is taken in his lordship, and judgment is given at the suit of the earl. And by forstal he claims to have the amercements for forstalling. And by ordelf he claims to have the mining of gold and silver and all other metals in his lordship. And by orest he claims to have treasure-trove in his lordship. And as to amends of bread and ale the meaning is sufficiently clear. And by the amercements of his men he claims to have the amercements as regards his men and tenants wheresoever and howsoever they may be amerced for any offence or forfeit. And by scott and geld he claims to have that he, his men and tenants shall be quit and free from all payments, tallages and aids, to the king, the earl, the sheriff, and all other their officials. And by carucage he claims that he, his men and tenants shall not find any plough for the lord, nor give him anything for carucage. And by tallage he claims that he, his men and tenants ought not to be tallaged; and by shyres, hundreds and wapentakes, he claims that he, his men and tenants ought not to make appearances or do suit thereat. And by pleas and complaints, he claims that he, his men and tenants ought not to be impleaded or molested in any place except in their own court. And by ward he claims that he, his men and tenants shall not do ward in any place. And by averpany he claims that he [fo. 135 (161 b)] his men and tenants shall not do any average, nor give anything for average. And by hydage, danegeld, hornegeld, scutage, lestage, stallage, wardpany, stothpany, bordalpany, botelpany, he claims that he, his men and tenants shall give nothing for hydage, danegeld etc. And by tynipany he claims that he, his men and tenants shall give no money to anyone. And by the words works upon parks, bridges and fences, he claims that he, his men and tenants, shall not make them, nor give anything for them to be made or repaired. And by carriage, murage, summage and carriage by boat, he claims that he, his men and tenants shall give nothing for them, but shall be quit; and by the building of royal houses and all kinds of work he claims that he, his men and tenants shall not make or do them, nor pay anything for their being made, done or repaired. And as regards his claim that the woods of himself, his men and tenants shall not be taken, the sense is sufficiently plain, according to the charter. And as regards the claim that the aforesaid abbot and his monks, and their successors, and their men and tenants ought to be quit from all toll etc.; and as regards the claim that if any of his men or tenants ought to lose life or limb for any offence; and the claim to have and to hold all his lands and tenements, and the manors of Darnehale etc., it is sufficiently set forth in the charter. And as regards the warren, market and fair, and the cask of wine of the prise, it is likewise so set forth. And as regards the free courts in the manors of Darnehale, Overe and Weverham, he claims to have cognizance of all petty matters, to wit, debts, contracts, agreements and trespasses, and all amercements arising therefrom. And by prison, he claims to have a prison in the manors of Darnehale, Overe and Wevereham, so that if any one commits an offence or is taken in the aforesaid liberty for any cause whatsoever, he shall be detained there in the prison aforesaid until he be delivered according to the form heretofore used. And by the words view of frankpledge, he claims to have all things which to view of frankpledge belong; and by the liberty of having sergeants of the peace, he claims that his sergeants shall take persons under judgment in the liberty aforesaid, and disturbers of the peace, and take them to the prisons aforesaid. And as regards these liberties above claimed, and not contained in the charters as belonging to his manors aforesaid, a sufficient explanation has been made. And he demands that they shall be allowed to him.

And John de la Pole, who sues etc. says that the abbot has no pillory, tumbrell nor gallows, nor other things necessary thereto. Also he says, on behalf of the lord [the earl], that the aforesaid abbot and his predecessors have made a bad and unjust use of the liberties and privileges aforesaid, taking by extortion more than of right they ought to take, and this he is prepared to prove etc.

And the aforesaid abbot says that he and all his predecessors have made good and just use of all the liberties and privileges aforesaid, as in right of their church of Vale Royal, and as he by his claims and explanation aforesaid surmises, and as they ought to be used according to the custom of the country, without using any extortion. And concerning this he puts himself upon the country etc.

And John, who sues, likewise etc.

Therefore let inquest be made for the earl etc.

And the jurors say upon their oath that the aforesaid abbot and all his predecessors, from the time of the making of the charters aforesaid, have been seised of all the liberties and quittances aforesaid, as well contained in the aforesaid charters as not contained, as he surmises in his claims and declarations aforesaid [fo. 135 (161b)], without interruption, and have used them well and justly without any extortion; but they say that the said abbot and his predecessors have been accustomed to amerce all those who committed any offence as regards the articles of the view of frankpledge as well on the third occasion and afterwards as for the first and second time, and never to put them to judgment of the pillory or tumbrell in their manors aforesaid.

Therefore let the aforesaid views of frankpledge in the aforesaid manors be taken into the hands of the earl etc.

And afterwards the aforesaid abbot made a fine with the lord of 53s. 4d., to have the said views of frankpledge again. Therefore let the same abbot have the views of frankpledge aforesaid, to use as right is etc. And as regards those liberties and all other liberties and quittances above-claimed, [let him] now [go] without a day, saving the earl's right etc.

And at the making of this copy the seal of the Exchequer of Chester was affixed to the presents.

Footnotes

1 In French.
2 The words "in the county . . . place" are omitted in the version in Ormerod's Cheshire, ii. 168.
3 The words "and of Robert . . . Bradeford" are omitted in Ormerod.
4 Ormerod reads Henry.
5 Ormerod omits this clause about Kingsley.
6 This word is omitted in Ormerod's version of the charter.