Appendix: Additional material to fines

Pages 216-219

Final Concords For Lancashire, Part 1, 1189-1307. Originally published by Record Society of Lancashire and Cheshire, Edinburgh, 1899.

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Additional note to No. 44, page 63.—It is an interesting and curious fact (upon the truth of which we quite needlessly cast a doubt in the above note), that in the thirteenth century there were living, and holding lands, in two Lancashire townships, then known respectively as Halcton (now West Houghton, in Salford Hundred), and Acton (now Aughton, in West Derby Hundred), two distinct persons bearing the name "Madoc, son of Bleddyn." Both belonged to families of undoubted Welsh extraction, which had probably settled in Lancashire after the expulsion (circa 1167) of Robert Banastre, and his Welsh dependents and vassals, from the estates which he held by castellanry of the Castle and Honour of Prestatyn, near Rhuddlan, in co. Flint. The name calls to mind the story of Bleddyn ap Cynfyn, whose fidelity to the English met with such a base return at the hands of Henry I. The story is given in Freeman's Norman Conquest, v.p. 211.

We are indebted to J. P. Rylands, F.S.A., for calling our attention to the following charter from the "Yates Evidences," preserved in an account of the family of Hulton of Hulton, privately printed circa 1845, royal 8vo., pp. 48.

Grant by Gilbert de Limme, with the assent of his wife Jocasta, to Maurice, son of Ithel, for his homage and service, of a portion of his land in "the Wiche" by these bounds, to wit, from Fairhurstbroc going up to the moiety of Wichard, thence to the bounds of Fernewrth, and from the bounds of Fernewrth to Abreneheued, and so descending by Wichsike and from Wichsike to the bounds of Tildislehe; to hold in fee. Witnesses:— Robert de Buron, Geoffrey de Burun, Richard de Workedele, John de Barton, Gilbert de Notton, William de Raddeclive, Alexander de Pilkington, Jarword de Hulton, Madoc his brother, Elias Penulbure, Henry de Trafford, and others. [S. D., 1200–1216].

Madoc was a younger brother of Iorwerth de Hulton, both being sons of Bleddyn. The former was living in 1246, when his name occurs in the roll of the Justices of Assize at Lancaster, as Maddok de Halketon, one of the sureties for Dike son of Maddok, indicted for some offence, to which he had failed to answer.

Additional note to No. 166, page 133.—The following extract from the Close Roll of 54 Henry III. (No. 91, m. 5 dorso), explains how the Byron family acquired Royton from the heir of William, son of William, who was thane of Royton in the year 1212:—

"On the Octave of the Apostles Peter and Paul, 54 Henry III. (6th July, 1270), this agreement was made between Alexander Lutterel of the one part, and Sir John Byrun, Knt., of the other, as follows. That the said Alexander and Margery his wife have sold to the said John all their land in Ryton, which Thomas, son of William, father of the said Margery, gave to him in the county of Lancaster, on this wise, to wit, that Alexander and Margery his wife shall come before the Kings Justices of the Bench, at Westminster, on the Octave of St. Michael next ensuing, de die in diem, and this at the expense of John, to levy a chirograph to ratify this tenement to John and his heirs, as Alexander and Margery's charter bears testimony. In case Alexander, his attorney, or his wife Margery shall not come upon the appointed day, the Sheriff of Somerset for the time being shall levy a hundred and five marks upon their goods and chattels to the use of the said John, which sum he has given for the premises in Ryton, and John shall deliver up the land of Ryton with the charter and muniments of feoffment to Alexander and Margery. Provided that whatever John or his heirs have in the meantime received from the said tenement, shall remain to John and his heirs. If the fine be levied according to agreement, then the said tenement shall quietly remain to John and his heirs, and this agreement shall be handed to Alexander and Margery. In the meantime John shall not make any waste, sale or destruction of woods and houses pertaining to that tenement, until the fine be levied. And if Margery happen to die before that be done, the said John shall have the tenement for ever, and Alexander and his heirs shall not pay the said sum of one hundred and five marks. And the said Alexander and Margery, hereby renounce upon the premises, all cavellation, deception, privilege of signing with the cross, all remedy of right, and all other things contrary to the form of this covenant."

Additional note to No. 178, p. 138.—The pleadings in a suit brought by the King's Attorney against Robert de Holand and others, to recover ten pounds of annual rent in Walton and Hale, formerly members of the Royal Demesne in Lancashire, which are recorded in the Quo Warranto Rolls, p. 386, afford a clearer account of the title to Hale in the year 1293, than that given in the note to the above Concord.

As is there stated, King John gave, and Henry III. confirmed, Hale to Richard de Meath. The latter King, early in his reign, bestowed the land between Ribble and Mersey upon Ranulf, Earl of Chester, whose title passed to William de Ferrers, Earl of Derby, in right of his wife Agnes, daughter and co-heir of the said Earl of Chester, and from him to his son William, Earl of Derby, who died in 1254, and so to Robert de Ferrers, son and heir of the last-named Earl. The said Robert was attainted of high treason for rebellion, but was pardoned and his estates restored; but rebelling again, his estates were confiscated, those in Lancashire being ultimately given to Edmund, Earl of Lancaster. So much respecting the chief lords of Hale. Richard de Meath, during his possession of Hale, enfeoffed his wife, Cecily de Columbers, of this estate, to hold it after his death of his brother, Henry de Walton, whom he thereby constituted his heir. Accordingly, Cecily, as lady of Hale, was sub-tenant, after her husband's death, under Henry de Walton, which tenure continued when the estate descended to her daughters, and ultimately to Adam de Ireland, in right of Edusa his wife, one of the said daughters, who ultimately became heir to her sister's purparty. Henry de Walton had issue a son William, who had a son Richard. The said Richard being a minor at his father's death, his wardship fell to Robert de Ferrers, as chief lord, who sold the wardship of the heir and of his estates, and also the lordship over his estates—thus creating a mesne tenancy—to one Nicholas de la Huse, a Wiltshire man, who afterwards sold the wardship and the lordship of the land of the heir to Robert de Holand. In accordance with this title, the jury at York, on the Morrow of St. John the Baptist, 21 Edward I., gave a verdict against the King, and in favour of the said Robert de Holand. In the final concord, No. 178, Thurstan de Holand occurs as tenant of the 400 acres of land in Hale, because Nicholas de la Huse's assignment had doubtless been made in the first instance to Thurstan and his heirs. After his death his son Robert would become assignee.

Additional note to No. 7, page 155.—We are indebted to J. P. Rylands, F.S.A., for the following abstracts of charters relating to Hollingworth, preserved in Canon Raines' Lancashire MSS., xxv., 26:—
(1) Grant by John, son of John de Riland and Cecily his wife, to John de Byron and Joan his wife, of all their land in Holinworth, to wit, that land which they had by the gift of William de Sale and Cecily his wife; rendering yearly therefor one grain of pepper at the feast of St. Martin. For this grant John and Joan gave John de Riland eight marks. Witnesses—Sir Geoffrey de Bracebrig, Roger de Midleton, Geoffrey de Chaderton, Alexander de Pilkington Adam de Prestwich and others. [S.D. circa 1278].

The John, son of John de Riland of this charter, is obviously the John, son of John de Halchon (i.e., West Houghton) of the Final Concord No. 7. His wife Cecily, may very probably have been the daughter of William, and Cecily de Sale, who in the following charter grant the remaining portion of their estate to John de Byron.
(2) Grant by William de Sale, and Cecily his wife to Sir John de Burun and Joan his wife of all their land in Holinworth; rendering therefor yearly a rose at the feast of the Nativity of St. John the Baptist. For this grant John and Joan gave William fourteen marks. Witnesses—as above (except Richard, instead of Geoffrey, de Chaderton), with the addition of W. de Hopwood, and W. de Sherweud, clerk. [S.D. 1278–1290].
(3) Release by Cecily de Holinworth, widow, to Sir John Byron, Knt., of two oxgangs of land in Holinworth, in Butterworth, which William de Sale, formerly her husband had sold to the said Sir John de Byron. Dated 26 Edward I. [1297–8].

The following is a more complete abstract of the charter quoted in the note to the concord No. 29, page 162.

"Albert Gresle, to all his friends, as well French as English, sendeth greeting. Know ye that I have given, and by this my charter confirmed to Roger, son of Horm, and his heirs, all my lands of Haistune, with all the appurtenances, and all the land called Osolue's Crouet, and all Hetune with all the appurtenances, and large liberties, easements, and free customs; to hold of me and my heirs, as the same Roger held of my father, and for the same service, to wit, for Haistun twenty shillings, or one sor sparrow-hawk, and for Hetune in like manner twenty shillings. Witnesses, Roger de Merci (Marsey, who died 1185), John de Ancotes, Ralph de Birun, Robert son of Seifrid, Robert son of Henry, Geoffrey Gresle, William de Merci (Marsey), and Bernard Gresle." [S.D. 1160–1182]. Kuerden s MSS., Heralds' College, London, Vol. III., K. fol. 6 b.

Haistune is Ashton-under-Lyne. Oswulf's croft has not been identified. Hetune was perhaps Heaton Norris.