Staffordshire Historical Collections, Vol. 4. Originally published by Staffordshire Record Society, London, 1883.
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Roll No. 12.
Warw. Amicia Hasteng appeared on the fourth day against Robert Hasteng, in a plea that he should warrant to her three carucates of land which she holds in dower; and Robert came, and there was no writ in Court, because William de Raleg had it. Suit respited till the Octaves of Saint Hillary. m. 6, dorso.
Roll No. 13.
Roll No. 11.
Staff. A day is given to William de Parles and to Richard fitz William, whom the Prior of Sandwell called to warranty of ten acres of land in Sandwell, at the advent of the Justices, and the parties had license of concord, and afterwards wished to resume the assize. m. 4, dorso.
Oxon. Robert Purcel (fn. 1) appeared on the fourth day against Peter de Weston, son and heir of William fitz Ralph, in a plea that he should adhere to a fine levied before the Justices at Westminster in the reign of King Richard, between Ralph Purcel, father of the said Robert, complainant, and William fitz Ralph, father of the said Peter, tenant of two virgates of land in Scaldewell; and Peter did not appear; the Sheriff returned him as not living in co. Oxon, and therefore he is to be attached in co. Northampton to appear at five weeks after Michaelmas; and let it be known that Alice de Bendenges, the widow of the said William fitz Ralph, appeared and claimed the said land as dower, against Eustace Purcel, brother of the said Robert; and Eustace came and called to warranty the said Robert Purcel; and as one suit depends on the other, a day is given to all the parties at the term above named. m. 5, dorso.
Warwick Assize Roll 5 H. III.
The second membrane, headed, "Placita de Comitatu Warwic, apud Covintre." [Michaelmas, 1221.] (fn. 2)
Warw. William Bagot was summoned to warrant to Robert de Westecote a virgate of land and one-fourth of a virgate in Westcote, which Robert claimed to hold of him, and for which he held his charter; and Robert complained that against the tenor of the charter, William had distrained him to do suit out of the county and in the county of Stafford. William appeared, and acknowledged his charter, and gift, but stated that the land was of the inheritance of his wife, who was dead, and her son claimed the inheritance against the said Robert, and that he was willing to make him an exchange of equal value. It was therefore forbidden to William to implead Robert out of the county; and the Sheriff was commanded, if that took place, to distrain William to warrant to Robert his land, as was just. m. 8.
Warw. An assize of last presentation to the Church of Newbold, the advowson of which Robert Hasteng claimed against the Prior of St. Oswald; (fn. 3) who appeared and pleaded an assize ought not to be taken, because he holds the church by the gift of Eytropus, the grandfather of the father of Robert, whose charter he produced. He also produced the Charter of Eytrop, son of Eytrop, and grandfather of Robert, to the same effect. He also produced the charter of Robert the Prior of the church of Worcester, and of Simon, Archdeacon of the same Church, which testified that by reason of the vacancy of the see they admitted Henry, son of Peter de Northampton, to the said Church, on the presentation of the Prior of Nostle of St. Oswald. Robert appeared and denied the charter of his grandfather, and stated that the chest (cista) of his grandfather was formerly in the Church of Lemington (Leamington Hastang), and his seal was in the same chest; and it was broken open, and his jewels and his seal were carried off; and the malefactors were excommunicated throughout the Diocese; and if the charter ever was made, it was made at that time; and he appealed to the witnesses of the charter, and to a jury; and the witnesses who are now alive are Magister Roger de Ledesham; Magister Henry de Swinlington; Eudo, clerk; Thomas, son of Suene, clerk; Robert and Alexander, sons of Geoffrey de Stulham. It is considered that the above witnesses should be summoned, and in addition to them, nine knights or others of the vicinage of Nostle, in co. Ebor, to be at Westminster on the Octaves of Hillary. m. 9, dorso.
Warw. Petronilla de Tymmor sues Reginald de Brademore and John his son for six virgates of land in Huninton, of which Simon, son of John, her uncle, was seised, etc.; and stated the said John had a brother Simon, father of the said Petronilla, and a sister named Christina, who was mother of the said Reginald; and because Simon died without heirs of his body, the land should revert to her as daughter of his brother. Reginald and John pray a view, &c. A day is given to the parties at Lichfield, on the Sunday before the Feast of the Apostles Simon and Jude; a view to be made in the interim. m. 9, dorso.
Warw. An assize to make recognition if H., Earl of Warwick, had disseised Hugh Bagod of his common of pasture in Claverdon, pertaining to his free tenement in Preston. The jury find that the Earl had disseised him of a part of the common of pasture in question by the erection of a fence. m. 10.
Warw. An assize, etc., if Nicholas de Kinton, father of Richard, was seised as of fee when he died, of two acres of land and one and a half acre of pasture in Thisho, which Basilia de Stafford holds. A concord was made by which Richard released his claim. m. 10.
Warw. An assize, etc., if Robert, father of John, was seised as of fee when he died, of sixteen acres of land in Morton, etc., of which William Bagod holds eight acres, and Richard Trussell eight acres. John now stated that he was in possession of the sixteen acres in question, but sued for common of pasture pertaining to them. He is therefore in misericordiâ for a false claim. m. 12.
Warw. Henry le Notte (fn. 4) sued Richard le Roher for a virgate of land in Linde, of which Richard, the grandfather of his father, had been seised as of fee, etc. Richard prayed a view. A day is given to the parties at Lichfield on the Sunday after all Saints; a view to be made in the interim. m. 14, dorso.
Warw. The Prior of Stanes sued Richard Clement for a virgate of land in Thissho, as the right of his Church, and in which Richard had no ingress, except through Gretia, the widow of Robert Bagot, to whom Richard, formerly Prior of Stanes, had demised it for a term now expired. Richard appeared and stated that the land was of the inheritance of his wife Emma, and called her to warranty. He is therefore to produce her at Lichfield on the Sunday before the Feast of St. Simon and Jude. m. 15, dorso.
Salop Assize, Roll of 6 H. III.
Staff. The Lord the King sent a writ to the Justices, that the assize of mordancestor, which Giles de Erdinton arraigned against Fulk de Breaut and Margaret his wife, concerning land in Horeburn and Smethewic, be moved to Westminster, to be heard before them on their return from their iter, at a convenient day. It is therefore respited to the Octaves of St. Hillary. m. 2, dorso.
Staff. Geoffrey de St. Maur sued William Penet in a plea of mordancestor, concerning twelve acres of land in Flitleg and William did not appear. To be re-summoned for the morrow of St Hillary at Warwick. m. 4, dorso.
Staff. Nicolas, son of Roger, appeared on the fourth day against Adam, son of Gilbert, in a plea of mordancestor respecting three acres of land in Newcastle; and Adam did not appear, and was the plaintiff. He and his surety, Simon de Cherleton, are therefore in misericordiâ. m. 5.
Roll No. 10.
Headed, "Essonia de Malo Veniendi apud Warewic, in crastino Sancti Hillarii. (Hillary, 6 H. III.)" [14th January, 1222.] (fn. 5)
Staff. William, Earl of Ferrars, who is in the service of the King, versus Elias Shired, in a plea of mordauncestor, by Hugh le Mareschall, at Westminster, on the Quinzaine of Easter. Surety, Nicolas de Chambray. The same day is given to Geoffrey Selvein in banco. m. 1. (fn. 6)
Staff. Roger de Bidum (Bidolf) versus Henry fitz Vincent, in a plea of mordauncestor, by William fitz Andrew. The plea will not lie, because Henry is within age, and Roger made default at Salop. It was afterwards shown that the tenure was by soccage, and the essoin was admitted. At Westminster on the Quinzaine of Easter. The same day was given to Robert de Sugenhull and Petronilla his wife. m. 1.
Staff. The Sheriff was commanded to produce at Warwick all the jurors in the assize of novel disseisin which was heard before the Justices at Lichfield, between Ralph Tyrell and Hugh de Byrchenfeld, plaintiffs, and the Prior of Sandwell, respecting common of pasture in Huneswurth, because the Prior complained that the servant (serviens) of Hugh, on the occasion of the view of the land, had thrown down an ancient fence; and the jurors came and stated they made the view, and delivered seisin to Ralph of the land, with the exception of a certain meadow and wood; and that Geoffrey Pohun, the serviens, had caused a certain ancient fence to be thrown down; and Geoffrey and Ralph acknowledged this to be true. Ralph is therefore taken into custody. The jury to make another view, and the fence to be put up again. m. 1.
Staff. William de Bermingham gives a mark for licence of concord with Henry de Bermingham, in a plea of land. (fn. 7) m. 1, dorso.
Staff. Agnes, widow of Robert Shired, by her attorney, sues Geoffrey Selvein for one-third of a virgate of land in Yoxhal as her dower; and Geoffrey called to warranty William, Earl of Ferrars. Adjourned to Westminster at the Quinzaine of Easter. m. 1, dorso.
Staff. A jury came to make recognition whether Simon, son of Peter, had any right in a messuage in Lichfield, except by ingress through Walter, father of Albreda and Alditha, who had given it to him for a term only, which had expired, and which Albreda and her sister Alditha claimed. The jury say that Walter had sold the tenement to the father of Simon. m. 1, dorso.
Staff. The Sheriff was commanded to bring before the Justices the bodies of all the recognitors in an assize of novel disseisin, which Hugh de Brugfeld arraigned against Henry de Parles, respecting a tenement in Huneswurth, to certify to the Justices the verdict they had given, because Henry stated that whereas Hugh was dead, Philip his son, concealing his own name, and assuming the name of his father, had prosecuted the assize, and had recovered seisin of the said tenement by an assize of novel disseisin taken at Lichfield. The jury came and stated that the son was named Hugh, and that he brought the assize, and not his father, and the said son was dead. Henry therefore to sue in another way if he wishes. m. 1, dorso.
Staff. An assize came to make recognition if Henry de St. Maur, father of Geoffrey, was seised in his demesne as of fee of twenty-six acres of land in Flitlega on the day he died, and which land Robert de Ferrars holds; who came and stated he ought not to be required to answer to the writ, because Alice his mother holds one-third of the land in dower, and Geoffrey claimed the whole of the land of him, when he holds only a part of it; and Geoffrey stated that when the writ was issued, and the view of the land was made, Robert held the whole of it. The jury found that Alice was not seised of any part of the land when the view of it was made, and that Henry died seised of it, and Geoffrey was his next heir. m. 2.
Staff. An assize came to make recognition if John de Gnoushale, Chaplain, uncle of Henry de Ruele, was seised in his demesne as of fee of twelve acres of land in Gnoushale on the day he died, which land Alditha de Hydishale holds; who appeared and called to warranty Adam, son of John the Chaplain. The plea was adjourned to the Quinzaine of Easter, at Westminster, for the appearance of Adam. m. 2.
Staff. An assize came to make recognition if Robert le Maunsel had unjustly disseised Richard, son of Robert de Yagestone, of his free tenement in Pateshulle. Robert appeared and conceded the assize. The jury find for Richard. Robert in misericordiâ. Surety, Richard de Onne. Damages, 20s., for which Robert de Penneford and William de Wrotesle are sureties. m. 2.
Staff. The assize of novel disseisin between Robert fitz John, plaintiff, and Ralph, Earl of Chester, Geoffrey de Brinton, Nicholas le Normand, and Robert de Ambrichton, respecting a tenement in Ambricton (Amerton in Stowe), is respited till the Quinzaine of Easter at Westminster. m. 2.
Staff. Cecilia, widow of Geoffrey the Smith (Faber), sues Robert, son of Godfrey, for a third of a virgate of land in Wyrleg, as her dower; and Robert appeared, and was prepared to answer, when Hugh de Loges came and said Robert could not plead, because the land was of his demesne, and held in villenage, and Robert and his father were his customary villains. Robert stated he held the land freely, and his father Hugh also. The Sheriff is commanded to try the plea of villenage, and to send the inquisition to Westminster at the Quinzaine of Easter. Cecilia and Robert put in their place William de Wyrleg, and Hugh put in his place Henry de Lilleburn. m. 2, dorso.
Staff. Walter de Baskerville appeared on the fourth day against Fromund de Edrente, in a plea that he should perform to him the service which he owed for the free tenement which he holds of him in Erlide (Yarlet); and Fromund did not appear, and the Sheriff returned several times he could not be found. The Sheriff of Dorset is commanded to have his body at Westminster at the Quinzaine of Easter. m. 2, dorso.
Warw. Walter fitz Ralph, Roger de Dun, Robert de Cestreton, and Robert de Pascy, four knights, sent to view John de Hunnington, who essoined himself de malo lecti against Petronilla de Timmore, in a plea of land, appear and return quod languidus est; and they had given him a day at the Tower of London at a twelvemonth from the 8th January. The same day is given to Petronilla. m. 2, dorso.
Staff. William de Wurtlega (Wrottesley) sued Luke, son of William, for the service which he owed to him for a bovate of land in Buterdon. A concord was made (fn. 8) by which Lucas acknowledged a service of twenty-six pence annually, when he had at first acknowledged sixpence only; and William tenuit se pacatum. m. 2, dorso.
Staff. William de Wefford and Cecilia his wife sue John fitz Roger and Mabel his wife for half a messuage in Lichfield as the right of Cecilia. William and Cecilia plead that John and Mabel have no ingress except through Hugh Folcran, to whom William and Cecilia had demised the tenement for a term. John and Mabel called to warranty Robert, son and heir of Hugh. Verdict for William and Cecilia. m. 3.
Staff. Richard fitz William sues Robert fitz Stephen for a virgate and a half of land and half a mill in Wulselega, and pleads that Robert has no ingress except by Stephen his father, to whom William, father of Richard, had pledged it for a term now expired, Richard having pledged it to him for a term of twenty years, from the first year after the coronation of King Richard. Robert stated that William had sold the land outright to his father.
Richard produced two witnesses, who spoke from hearsay only, and the Sheriff was commanded to take an inquisition on the oath of twelve jurors, and to return the inquisition under his seal on the Quinzaine of Easter at Westminster. The inquisition (a postscriptum) stated that William, father of Richard, had sold the land and mill, and had not pledged them as averred; Richard is therefore in misericordiâ. His fine is remitted because of his poverty. (fn. 9) m. 3, dorso.
Staff. Felicia, widow of Ralph (de) Knichton, sues William Bagod for three acres and a half of meadow in Coppenhale, as her maritagium, and into which William had no ingress except through Ralph, formerly her husband, who could not make a contract during her lifetime.
William denied his entry through Ralph, and stated he entered through a certain Robert, and as the writ stated he entered through Ralph, he ought not to answer to the writ; and Felicia acknowledged this, and the suit is dismissed. (fn. 10) m. 8, dorso.
Roll No. 14.
Roll No. 15.
Staff. An assize came to make recognition if William de Barre, father of Richard, was seised as of fee when he died of 14s. of rent in Derhull, and of 4s. of rent in Russale, and which Richard de Rushale holds; who appeared and stated that William held the rent only in custody, having bought it for the use of him, Richard, out of his money, inasmuch as the said William was his brother. The jury find that William, the father of the said Richard, bought the land out of the money of his brother, to the use of the said Richard, and Richard had received the homage of the men, so that William held it in custody, and did not die seised of it as of fee. m. 1, dorso.
Staff. Henry, son of Vincent, gives half a mark for licence of concord with Roger de Bidulf, in a plea of mort d'ancestor. (fn. 11) The same Roger is surety (i.e., for the half mark). m. 1, dorso.
Staff. An assize of last presentation to the Church of Bobington, the advowson of which the King claimed against John fitz Philip; who appeared and stated that the Church was not vacant, because Leo, Clericus, was the parson of it, and was present in court, and who said the same; but he said nothing respecting the Bishop, nor of letters patent of Robert the Archdeacon of Stafford, in which it was contained, that in consequence of the contumacy of the Dean of Bridgenorth to the mandate of the delegated judges, he had put the said Leo in possession of the Chapel of Bobinton, causa rei servandæ.
The jury state that a certain Alexander de Ludeston, who was Sheriff of the Lord the King, and custodian of the Manor of Claverlegh, (fn. 12) which belonged to the King, was patron of the said Church of Claverlegh of the gift of King Henry, and presented one Odo, clerk, to the said Church of Bobinton, as a chapelry pertaining to his Church of Claverlegh on the part of the Lord the King; and they say that neither John nor his ancestors had presented the said Odo. It is therefore considered that the Lord the King should recover seisin; and because Leo had intruded himself into the Church, he is taken into custody. m. 3.
Suff., but should be Staff. An assize came to make recognition if Thomas de Herdinton (Erdington), father of Giles, who is within age, was seised as of fee of the Manors of Hereborne and Smethewyke on the day he died, and which manors Falco de Breaute and Margaret his wife hold; who appeared, and said nothing against the assize being taken (quare assisa remaneat).
The jury find that the said Thomas, both in time of the war and before the war, had been Sheriff of this county, and in the course of the war, Warin fitz Gerold did not serve the King as he should have done, and the said Thomas took all the lands of the said Warine into the King's hands by the King's precept. Afterwards, however, the King took into his hands the bailiwick and county of the said Thomas, and then Thomas gave up the said lands with the rest of his bailiwick, and he went in the service of the King to Rome and elsewhere, and afterwards had custody of the Tower of London; and after peace was made he came and put himself in possession of the above manors, and held them until the Council held in Lent at Worcester, and shortly afterwards he died. The jury are ignorant as to whether the said Thomas died seised of the manors or not; but they have heard say that Thomas held a deed of the said Falk, and that he was the homager of Falk; and the jury being questioned as to who had held the lands on the day that the feoffment made to Thomas put him into possession, after peace was made, say they are ignorant whether the tenants of the manors performed fealty and paid their rents to Warin fitz Gerold, or to Falk, or to Thomas, and they are uncertain whether Thomas died seised of the lands as of fee or not. m. 3, dorso.
Staff. Robert, son of John de Hatton, who brought an assize of novel disseisin against Ralph, Earl of Chester, respecting a tenement in Embrichton (Amerton), withdrew from his suit, and is in misericordiâ. His fine is remitted because he is poor, and under age. m. 4, dorso.
Warw. An assize came to make recognition if William Trussell, brother of Alice and of Matilda de Brochamton, and uncle of William de Kinton, and of Alice, wife of Nicolas Brito, and of Ada, wife of William de Muslegh, and of Eustachia, wife of Robert Nobil, and of Agnes and of Joan, sisters of Alice and Ada, was seised in his demesne as of fee when he died, of a virgate of land in Merton, which the Prior of Chaucumb holds, who called to warranty Robert de Chaucumb, who called to warranty William Basset, and who came and warranted the land, as appears on the Roll of the iter at Warwick; and it is considered that he ought not to be called upon to warrant against the heirs of William (Trussell), because it was contained in the charter of Amice, mother of the said William, that she gave the land to Hugh, father of the said. . . . (Robert), to hold &c., saving the rights of the heirs of the said William Trussell, and therefore an assize was taken against the said Robert.
The jury say that the said William Trussel went to Jerusalem after the coronation of King Richard, and he held at that time the land in fee and in demesne, and he gave the land to farm for a term of three years to two men. Six weeks or more after William had started on his pilgrimage, his wife was killed in the house of John de Draicote her father, to whose charge William had committed her, and she was carried to a marl pit, (fn. 13) and a certain William, bastard brother of William Trussel, fled to a church [to sanctuary] for this death, and acknowledged the murder and abjured the kingdom. And Walter, the Esquire (armiger) of the said William Trusserel (sic), who had left the said William on his journey, fled for the same murder, and William the Bastard acknowledged that he and the said Walter had killed her; and on being interrogated they say they never heard that the said William had been outlawed; and they say that the said Alice and others named are the nearest heirs. It is considered therefore they should recover seisin of the land, and Robert is in misericordiâ, and William to be quit of his warranty, and Robert to make a competent exchange of land to the said Prior. m. 5.
Staff. The Lord the King sued the Prior of Kenilworth for half the advowson of Stoke as his right, and of which the Lord Henry the King, his grandfather, was seised as of fee and right, and had presented one Vivian, Clerk, and who had been admitted on his presentation; and from the said Henry the right descended to Henry the King as his son, and from Henry the King to Richard his brother, and from King Richard to King John his father, and from King John to the present King as his son and heir.
The Prior pleaded that his Church held half the advowson of the gift of Walter de Kaverswall, and produced the deed of the said Walter, and another deed of King Henry, the grandfather of the King, who conceded and confirmed the gift of half the Church of the gift of Walter de Kaverswall; and because the grandfather of the King had confirmed the gift, it seemed to the Prior that the Lord the King ought to warrant it to his House.
And the Lord the King, by the Earl of Chester, his attorney, stated that the said Walter was the Bailiff of the Lord the King Henry, grandfather of the King, and Vicar of the Patron, and never had any right to the advowson, or any seisin of it. (fn. 14)
And the Prior stated that Walter held the land and advowson, and that afterwards a concord was made between him and the Lord the King, and he called to warranty Robert de Kaverswall and Alice (fn. 15) his wife, the daughter and heir of the said Walter. Robert and Alice to appear at a month from Michaelmas. m. 5.
Staff. The Sheriff was commanded to proceed to Hunesworth, and in his presence, and in the presence of all the recognitors who were summoned before the Justices Itinerant in that county, for the assize between the Prior of Sandwell and Ralph Tyrell respecting a fence thrown down in the common of pasture of Huneswurth, to certify which fence was prostrated, &c., and to cause to appear four discreet men of the recognitors at Westminster to certify the same to the justices.
And William de Alrewyc, Thomas de Laveston, Warine de Derhull, and Richard fitz Henry, four of the jury, came and stated they had made a view of the Haye, and found three hedges had been thrown down; but they say that the Prior had prostrated them when he heard of the disseisin, and that the hedge of which Ralph complained was put up before the return of King John from Ireland into England; (fn. 16) therefore the Prior is dismissed from the suit, and Ralph to have a writ to summon twenty-four knights at the advent of the Justices, to make recognition if the said hedge of which Ralph complained was put up before the last return of the King, &c. m. 5, dorso.