Staffordshire Historical Collections, Vol. 4. Originally published by Staffordshire Record Society, London, 1883.
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Banco Rolls No. 6. Tower Records.
Philip pleaded he ought not to be required to answer to the writ, because he only held one carucate of land in Bradeleg; and as Fulk could not deny this, his part of the suit is dismissed, and as regards the rest of the land, he stated that Fulk could not sue for it, because, in consequence of the transgressions he had committed in the reign of King John, he had been outlawed.
Fulk replied he had not been outlawed pro morte hominis, nor appealed for the deaths of anybody, and therefore the outlawry should not prejudice him; and he asked that it might be noted that when on a former occasion he had been present in Court in person, and sued for the same land as he now sues, Philip had prayed a view of the land, and had afterwards essoined himself, and had never made any mention of the above exception to the suit, but had answered to it fully. A day is given to the parties to hear judgment at fifteen days from St. John the Baptist. (fn. 1) m. 9, dorso.
Warwickshire Assize Roll of 16 H. III.
M. 18 is headed, "Placita et Assisæ capta apud Covintre, in Comitatu Warw., anno XVI." [June, 1232.] (fn. 2)
Staff. Helewysa, the widow of Thomas de Hamstede, sued Robert de Grendun for one-third of the manor of Swyneffen, and Felicia, daughter of Richard de Ruggeleg, for one-third of one-third part of the same manor; and likewise Richard de Hamstede, and John de Parles, and William de Pirie, for her dower due to her from the free tenement held by Thomas her husband in the same vill. Felicia pleaded that Helewise had no claim to dower, because she was never wife to the said Thomas, inasmuch as Thomas married her (Felicia), and maintained her for ten years, and died seised of her (sic), and she was in possession (sic), of the said Thomas her husband, at the time of his death, and her children are the heirs of the said Thomas, and she holds the inheritance of Thomas in custody with his children. Hawyse (sic) could not deny this, and she is therefore in misericordiâ. (fn. 3) m. 9, dorso.
Warw. Walter son of Ralph, William de Wilmecote, John Durvassal, and Simon de Berkeleston, four knights summoned to elect twelve to make a recognition of a great assize between Hervey de Stafford, plaintiff, and Vivian de Staundon, deforciant, of the service which the said Hervey claimed of Vivian for the free tenement which he held of him in Dicheford, and respecting which Vivian, who is tenant, had put himself on a great assize of the King, and asked for a recognition to be made as to whether he owed to the said Hervey the service of half a knight's fee for all service as he alleged, or the service of a full knight's fee, which Hervey claimed from him, came and elected these, viz., James de Bissegham, Maurice le Butiler, William de Grenvill, Robert Foliot, Stephen de Upton, Robert de Valle, William de Ludinton, Robert de Clopton, Simon Bagod, Peter de Wulwardinton, Henry de Boscherville, Simon de Cocton, Nicholas de Wythibrok, Richard de Egebaldeston, Hugh de Manecestre, Alexander de Bikehull.
A concord was made. Vivian gave a mark for license of concord by the pledge of Fraricus de Dicheford. (fn. 4) m. 13, dorso.
Staff. W., Earl of Ferrars was summoned to answer the complaint of Brian de l'Isle, that he had deforced him of one hundred solidates of land in Barton, of which Richard de l'Isle, brother of Brian, whose heir he is, died seised, &c. The Earl appeared by Robert de Cardoil, his attorney, and gave up the land. m. 16, dorso.
Roll No. 50, Temp. John. (fn. 5)
Salop and Staff. Warin de Bradele, the attorney of Philip de Burewardele, versus Fulk fitz Warin, in a plea of land, respecting which a great assize (is summoned), by Roger Brun, was pledged to prosecute on the morrow of St. Martin. The same day is given to Robert de Cnicteleg, William de Heronville, Robert de Esington, Walter fitz Ralph, Robert (de) Halgeton, Adam de Brington, John de Acton, William de Wilbricton, of co. Stafford, who appeared, and likewise to Nicholas de Wylilegh and Robert de Stapelton, of co. Sallop; and the Sheriff to produce the others. m. 2.
Staff. Robert, son of Ivo (de Walton), versus Agnes and Petronilla, daughters of Robert fitz Pagan, in a plea of land, by Stephen, son of Richard; and let it be known that Simon de Vernay is the attorney of Agnes by writ of the Lord the King, and Richard de Hekstall is the attorney of Petronilla by writ of the King. (fn. 6) m. 11, dorso.
Staff. William de Audelegh, the attorney of Clemence his wife, who is in the service of the Lord the King, versus the Abbot of Croxden, in a plea of land, by Thomas, son of William, was pledged to prosecute at five weeks from Easter; and the Sheriff had been commanded to take his body (quod haberet corpus ejus), and therefore an essoin will not lie, except for the King's service. Let that day therefore be allowed to the Abbot. m. 13.
Staff. Ralph Basset versus the Earl of Warrewic in a plea of liberty of chace in forestâ, by Ralph le Page, was pledged to prosecute at five weeks from Easter; and as none of the recognitors came they are to be attached. m. 13, dorso.
Staff. Richard fitz William, the attorney of Geva Basset, versus Richard. son of William de Bramlegh (sic), in a plea of waste, by Alan, son of John, was pledged to prosecute at three weeks from Holy Trinity.
Roll No. 38 (Trinity Term, 15 H. III.) contains no Staffordshire suits.
Banco Roll No. 24.
Staff. Roger de Monhaut (Monte Alto) sued William de Vernun to give up to him the land and heir of Roger de Monhaut, of Eleford, which belongs to him, inasmuch as the said Roger of Monhant held of the said Roger de Monhaut of Mawerdin by knight's service; and he stated he had been in seisin of the custody of the land and heir for fifteen days after the death of Roger de Monhaut of Eleford.
William came and stated that he has not the custody of the land nor of the heir, and has no power over the heir, because he is in the custody of the Earl of Chester, who never came to England, and he had never seen the heir.
Roger stated that when the writ was issued, the said William essoined himself after the summons, and he was then in seisin of the land, and he had conveyed (tradidit) the land to one Fulk (de Orreby); and he further stated that Philip de Orreby had the custody of the heir, and after the death of Philip, (fn. 7) the said William had committed the heir to a nunnery in Cheshire, until the pleasure of the Earl of Chester should be known; and he produced evidence of this. Judgment. Because the said William states he has not the custody, and claims nothing in it, the said Roger is informed he may assume the custody (ponat se in custodiam illam); to which the said William will offer no impediment. m. 10, dorso.
Roll No. 39.
Staff. Margaret, widow of Adam de Whitegrave, sued Robert Gully and Amice his wife for one-third of half a virgate of land in Whitegrave as her dower. Robert and Amice pleaded that Adam never was seised of the land as of fee, and therefore could not endow her with it. The Sheriff is commanded to summon a jury before himself and before the custodians of the pleas of the Crown (the Coroners), and in full county to make inquisition whether Adam was seised of the land as of fee or not, and to return the inquisition into Court at fifteen days from Hillary. m. 7, dorso.
Staff. Thomas de Warwic (the Earl) sued Ralph Basset for impeding the freechase he used to have in the woods of Draitun, and for taking his dogs and detaining them, and for imprisoning his men, when the said Ralph had no chace in that wood, nor could take any game (bestias) there. And Thomas appeared in Court, and stated his father had been seised of a chace at Draitun, and he also.
And Ralph appeared and admitted he had stopped the dogs of Thomas, and stated that Thomas had no right of chace at Draitun, and put himself on the country or on the great assize of the Lord the King, as the Court might think fit. Thomas afterwards appeared and obtained the permission of the Court to withdraw his suit. m. 14.
Suff. William de Ferrars, the Earl, sued Richard, Abbot of St. Eadmund for the manor of Barton, belonging to his manor of Hegham, and in which the Abbot has no ingress except through Robert de Hese, who held it as Bailiff of King John, when the said manor was in the hands of the King's father; and he claimed by the seisin of his ancestor William Peverel, in the reign of King Henry, grandfather of the present King. The Abbot prayed a view, and the suit is adjourned to Easter; a view to be made in the interim. m. 14.
Staff. Juliana, widow of Robert, son of Robert (de Sugnall), sued Robert de Waure for a virgate and a half of land in Suggehull (Sugnall) as her dower, and Robert called to warranty Robert, son of Robert, who is under age, and in ward to the said Juliana; and Juliana put in sureties to produce him at fifteen days from Hillary. And because she says that the said Robert holds nothing of the inheritance of his father, the Sheriff is commanded to inquire on the oath of twelve men, of what tenements the said Robert her husband was seised as of fee on the day he married her, &c. m. 14, dorso.
Roll No. 40.
Staff. Robert de la Hide and Matilda his wife sue John de Couele for one-third of a carucate of land in Coule (Cowley) as dower of Matilda. John pleaded that Robert, son of Sway, the first husband of Matilda, was not seised of the land as of fee. The Sheriff is commanded to cause inquisition to be made before himself and the Coroners, as to whether Robert, son of Sway, was so seised or not, and to return the inquisition into Court on the Octaves of Hillary. m. 6.
Warw. Richard de Kaunvill sued William de Kaunvill for five virgates of land in Seckenden. William called to warranty Albreda Marnium. He is to produce her in Court within fifteen days of St. Hillary. m. 8 dorso.
Oxon. Bucks. Matilda, widow of Henry de Oylly, sued Thomas, Earl of Warwick, called to warranty by Simon, son of Simon, for one-third of a virgate of land in Hokenarton, and one-third of three virgates in Bradeham; and against the same Thomas, called to warranty by John de Cheleton, for one-third of three virgates of land in the same vill; and against Walter de Olneya, for one-third of two virgates of land in Clenigdun, in co. Bucks. And the Earl, who appeared by his attorney, gave no reason why Matilda should not have her dower in these lands but stated he thought that she already held more in dower than she ought to have. It is therefore considered that Matilda should have seisin of the land of the Earl to the value of the dower in dispute, and the Earl is in misericordiâ. m. 8, dorso.
Staff. Jeva Basset was attached to answer the complaint of Richard fitz William, that she caused waste and destruction in the wood and park of Bromwic, which she held in dower of the inheritance of the said Richard, and he stated that she had cut down at least sixty oak trees.
And Jeva appeared and denied the waste and destruction, and stated she had taken nothing from the wood but housbote and heybote, and had moreover built a chamber (camera), by which the tenement had been improved The Sheriff is commanded to take with him lawful and discreet men to the wood and park, and to make inquisition upon oath as to the waste, &c., and to return the inquisition into Court at three weeks from Hillary. m. 9.
Staff. Roger de Sumery sued Philip de Rouele for a carucate of land in Rouele (Rowley Regis); and Philip prayed a view. A day is given to them at three weeks from Easter; a view to be made in the interim. m. 21.
Staff. Robert de Akyland and eighteen others are summoned by Roger de Sumery (fn. 8) to show by what right they claimed to fish in the fishery of the said Roger at Mere and they did not appear, and a day had been given to them in banco. The Sheriff is therefore ordered to produce them at three weeks from Easter. m. 22, dorso.
Staff. Juliana, the widow of Thomas de Aspele, sued Roger de Wavere for one-third of a virgate of land less three selions in Aspele as her dower; and Roger prayed a view. A day is given to them at three weeks from Hillary, and a view to be made in the interim. m. 27.
Staff. Robert de Grendun was summoned by the Abbot of Oseney to show cause why he distrained him for services which were not due to him. And the Abbot appeared by his attorney and stated he held no tenement of Robert; and it appeared in the writ, which the Abbot perquisivit, that the Abbot held of Robert in Stanhale. The Abbot obtained leave to withdraw his suit. m. 29.
Roll No. 5, Tower Records.
Northt. Staff. Richard de Venables, Norman Pauntof, Robert de Touke and Robert de Staunton, four Knights sent to hear whom Agnes, wife of W. de Ferrars, Earl of Derby, attorned in her place in the plea Coram Reqe between Hugh de Albini and Hawise de Quency, and their coparceners, plaintiffs, and John, Earl of Chester and Huntingdon, deforciant, of the reasonable portion belonging to Hugh, Hawise, and the others, of the inheritance of Ralph formerly Earl of Chester, appeared in Court, and stated she had put in her place Thomas de Stanes or John Morel. m. 14.
North. John, Earl of Chester and Huntingdon, was summoned to answer the complaint of Hugh de Albini, William, Earl of Ferrars, and Agnes his wife, and Hawise de Quency, Countess of Lincoln, that he had deforced them of their reasonable share of the inheritance of Ralph, formerly Earl of Chester, and of which Ralph had died seised in the county of Chester, taking into account the shares they as well as John had received in other parts of the same inheritance; and they say that the said Earl holds the capital messuage in Chester, and Hugh de Albini has Coventry, with other lands; William de Ferrars and Agnes his wife have Certeslegh (Chartley), with other lands; and Hawise de Quency has Bullingbrock, with other lands.
And the Earl of Chester appeared by his attorney, and pleaded he ought not to answer to this plaint and summons, which referred to lands in Cheshire, because the King's writ did not run in Cheshire; and he asked that the King should maintain his liberties such as he and his ancestors had held, and that the said complainants should appear in the county of Chester, where he would do them full justice. The Earl of Ferrars and the other plaintiffs who are heirs and coparceners of the said inheritance pray the judgment of the King. The suit is respited to the morrow of St. John the Baptist, to be heard before the King. (fn. 9) m. 30, dorso.
Roll No. 41.
Wigorn. Eudo de Bellocampo sued Richard de Hulecrumbe (fn. 10) to show cause why he refused to permit him to present a fit parson to the Chapel of Hulecrumbe, which was vacant; and Richard did not appear, and had essoined himself at Hertford. And a day had been given to him at Westminster at a month from Easter; and as there had been a plea between the same Richard and Eudo respecting a carucate of land in the same vill, and it was then considered that Eudo should hold the land in peace as he had it of the gift of the father of Richard; and as the advowson of the Chapel depended on the land, and Richard having been summoned, had maliciously withdrawn himself, it is considered that Richard be in misericordiâ, and Eudo to have a writ addressed to the Bishop. m. 6, dorso.
Rolls Nos. 42 and 43 contain nothing relating to Staffordshire.
Roll No. 44.
Warw. Ralph de Mora sued Robert Bagod for services owing to him for the free tenement which he holds of him in Niclesle (sic.) Robert did not appear, and to be attached for the morrow of St. John the Baptist. m. 4, dorso.
Roll No. 45.
Salop. A jury came by consent of the parties to make recognition whether Giles de Erdinthon, on the day he gave Henry de Aldythel a carucate and twelve acres of land in Straubiri, was of full age and in seisin of the land; and whether Giles, when of full age, had accepted the homage of Henry, and if Henry Fader, the serviens of Giles, after Henry had done homage to Giles, had received from Henry 40s. for scutage, in the year when the Lord the King, after his return from Brittany, had levied scutage throughout the kingdom, as Henry averred, or whether Giles was under age when he executed the deed and accepted homage, and had never received 40s. of scutage from Henry, as Giles stated.
The jury say that after the death of Richard de Shageburi, who had held the land and forfeited it, Thomas de Erdinthon, at that time Sheriff, took the land into the King's hands as an escheat, and held it in that way until the King gave it to him, as they understand. And Thomas had a son Peter, to whom he had promised the land, and to whom he gave it shortly before his death; but whether Peter took possession of the land before or after the death of his father, they are ignorant. And Peter afterwards assumed the Cross, and before he started for the Holy Land he gave the land to Henry de Aldithel to farm for a certain term; and Peter died during the Crusade, and after his death, Giles de Erdingthon, his brother, came and accepted the homage of the said Henry, but they know for certain he was not at that time of the full age of twenty-one years, because shortly afterwards one William de Norfolk, who was impleaded for some land, called Giles to warranty before the Justices of the Bench, and it was then adjudged in the Curia Regis that Giles was not of full age, and the trial was made a remanet until the full age of Giles; and they say they do not believe that William, the serviens of Giles, received 40s. of scutage for the land at the time of the return of the King from Brittany, because at that time Henry de Aldithel was in the King's service, and as they believe had the scutage of his lands. (fn. 11)
As the jury did not say whether the said Peter was in possession of the land before the death of Thomas or afterwards, they were re-summoned to appear at the Octaves of Holy Trinity. Afterwards in the Roll of the twentythird year, in the Octaves of St. John the Baptist, the jury appeared and stated that the said Peter had not seisin of the land during the lifetime of his father Thomas, but that Thomas died in seisin of it. It is therefore considered that Giles should recover seisin, and Henry is in misericordiâ. m. 1, dorso.
Banco Roll No. 8, Tower Records.
Staff. The King sent word to the Justices by writ that the assize of last presentation to the Church of Horeburn, which the Abbot of Hales arraigned against the Bishop of Coventry and Lichfield, and which affects the Prebend of Magister William de Kilkenny, who has set out to the Roman Court on the King's service, shall be respited until the Octaves of Holy Trinity. m. 1.
Staff. Magister Laurence de Alditheleg (sic) (fn. 12) sued H. de Burgo, Earl of Kent, for two virgates of land in Erlegh, of which one Orme his ancestor had been seised, &c., in the time of Henry, the grandfather of the King, and from Orme the right descended to Orme as his son and heir, and from this Orme to Simon as son and heir, and from Simon to Laurence, who now sues.
The Earl by his attorney defended the suit, and denied the seisin of Orme as stated, and put himself upon the great assize, and he asked that mention might be made in the writ of the time of the said King. (fn. 13) A day is given to them at fifteen days from Trinity. m. 11.
Staff. Petronilla de Brussenhull sued Ralph de Brussenhull for one-third of half a virgate of land in Brussenhulle as her reasonable purparty of the free tenement of Hugh de Brussenhulle, her father, and uncle of Ralph, whose heirs they are.
Ralph pleaded he should not be required to answer to the writ because he had a sister Milisent, who is the third co-parcener, and is not named in the writ; and as Petronilla admitted this, the suit is dismissed, and Petronilla acknowledged that she had in marriage twenty-six acres of the inheritance of the said Hugh. m. 12, dorso.