Lancashire Assize Rolls: 4 John - 13 Edward I. Originally published by Lancashire and Cheshire Record Society, s.l, 1903.
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Assize Roll 1341. Divers Counties.
1 Edward I.
This Roll, though placed among the Assize Rolls, would appear not to belong to that series of records, but to the De Banco Rolls: it is a duplicate of De Banco Roll No. 2, for Easter 1 Edward I., and contains a few Lancashire entries here abstracted.
Although there was no regular Eyre this year in Lancashire, it is evident that John de Oketon and Elias de Bekingham were busy taking Assizes in the northern counties during this and the early part of the following year. In the Patent Roll, 1 Edward I., these Justices are appointed to take 24 Lancashire Assizes of Novel disseisin, Mort d'Ancestor and Darein Presentment; and in the first months of the next regnal year an even greater number of cases were specially assigned to them. Apart from these, we find them sent practically on circuit in Lancashire and neighbouring counties by the following order:—
1272, July 10. Westminster. Mandate to John de Oketon and Elias de Bekingham in pursuance of their appointment by Patent as Justices to take Assizes Juries and Recognitions arraigned before them in the Counties of Nottingham, Derby, Lancaster, etc. Patent Poll, 1 Edward I., m. 10 dorso.
m. 5.; Lancastre.
Writ of Right—Thomas son of Elias Patter v. Ralph de Mitton re a messuage and 8 acres of land in Aghton.
Defendant comes not on the fourth day: the tenement seized into the King's hand. Case adjourned to the Octave of S. John Baptist [1 July 1273].
m. 6, dorso.; Lancastre.
Dower—Matilda who was wife of Elias de Aghton v. Ralph de Mitton re a third part of a messuage and 8 acres of land in Aghton, as dower.
Defendant comes not. Adjourned to the Octave of S. John Baptist [1 July].
m. 9, dorso.; Lancastre.
Rape and Breach of Peace—Ameria daughter of John de Bradel v. Walter de Bylington and Roger son of Geoffrey de Bylington.
Defendants come not. The Sheriff was ordered to make them appear but did nothing except take sureties, Humfrey de Bylyngton and Gilbert Sutor of Bylyngton; so they are fined. The Sheriff to distrain and have them here on the Octave of S. Michael [6 October]. The Sheriff says that Roger is not found in his bailiwick. Writ of exigent, and to be outlawed if he comes not; and if he comes, then the Sheriff to have him here on the Octave of S. Michael.
Of the Quinzaine of Easter [23 April 1273] continued.
m. 14, dorso.; Lancastre.
Covenant—Thomas son of Alexander le Spicer v. Peter son of Adam de Hulme re covenant made between Peter and Alexander father of Thomas, his heir, as to 2 oxgangs in Burton.
Defendant comes not. Adjourned to the Octave of S. Michael [6 October].
Novel disseisin—The Prior of the Hospital of S. John of Jerusalem in England v. John son of John de Gilberddesholm re a messuage and 9 acres of land in Catton.
Defendant comes not; the tenement seized into the King's hand. Adjourned to the Quinzaine of S. John Baptist [8 July].
m. 18, dorso. Lancastre.
Detention of Chattels—Alice daughter of Adam son of Roger la Persone of Blakeburne v. Richard son of Robert son of Gerard de Clayton, Adam de Parys, Robert de Plesyngton, Michael le Serjaunt, Peter de Sandon and John le Bedel re chattels to value of 12 marks wrongly detained.
Detention of Chattels and Assault—Same v. Adam de Parys, Robert de Plesyngton and Michael le Serjaunt re chattels to value of 100s., and that when the King (father of the now King) took her and her men, land, things, rents and all her belongings, into his defence and protection, the said Peter and John assaulted her at Salebyri, beat, wounded and maltreated her and committed other enormities, doing damage to the extent of 20 marks, in open contempt of the said King.
Defendants come not, and their sureties are in default. Writ of Capias; adjourned to the Octave of S. John Baptist [1 July].
m. 21, dorso.; Lancastre.
Customs and Services—Robert de Vilers v. Alice wife of Peter de Burghhill re services due from Alice and Peter for freehold held of plaintiff in Wyndhill, as in arrears of rent, reliefs, &c.
Defendant comes not. Her sureties, Roger de Leye of Wyndhill, Thomas son of Nesta de Wyndhill, Richard son of Perot de Cleremerdall and Adam de Celario of Cleremerdall, fined. Defendant to be here in three weeks from Easter [30 April].
m. 23.; Lancastre.
Receipt of Homage—Laurence son of Richard v. William de Lyndeseye re homage and relief for tenement held of defendant in Ulveston.
Defendant comes not; attached to be here on the Quinzaine of Holy Trinity [4 June 1273].
Boundaries—John son of William, essoin of Alice daughter of Ranulph de Salebyry, and Thomas Fin, essoin of Agnes her sister v. Adam de Wypsire, Beatrix his wife, Adam son of Henry, Gilbert de Wypsire and Walter de Bradel re making reasonable bounds between the lands of Alice and Agnes, Adam son of Gilbert, William son of Syward, Thomas le Someter and Diana his wife in Salebiry and the land of the said Adam, Beatrix and others.
Defendants come not. The Sheriff was told to make them come on this day; and he ordered that John son of Gilbert Miller and Dobbe son of Adam be sureties for Adam; William de Wodestall and Dobbe de Horton, for Adam son of Henry; Michael his son and Richard son of Alexander, for Gilbert; Humfrey de Billington and Gilbert Sutor of Billington, for Gilbert [sic]. The Sheriff to distrain, and have them here on the Quinzaine of S. Michael [13 October].
m. 26, dorso.; Lancastre.
Darrein Presentment—Nicholas de la Hose v. the Abbot of Shrewsbury re presentation of a fit parson to the church of Waleton, which is vacant and in plaintiff's special gift.
The Abbot comes and Nicholas grants to him for this turn his right of presentation to the said church, saving to himself his rights if he wish to plead thereon elsewhere. So the Abbot has a writ to the Bishop of Coventry and Lichefield, that, notwithstanding the claim of the said Nicholas to the said presentation, the Abbot may this turn admit a fit parson to the said church.