Roll 1235: 5 Edward I

Pages 143-151

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 1235. Divers Counties.

5 Edward I.

m. 11.

Pleas of Assizes and Juries taken at Cliderhowe in the County of Lancastre before J. de Reygate and W. de Northburgh on the morrow of Holy Trinity in the fifth year of the reign of King Edward [24 May 1277].

Novel disseisin—Adam de Fraxino v. Roger Bayns, William Bayns, Richard Bayns, John son of Richard de Burgh, John son of John de Burgh, Adam Faytwayt, Richard son of Hugh, John de Dungton and William Scot re 15 acres in Whytington.

Plaintiff did not prosecute; sureties, William le Breuur of Tunstal and John de Hoton. Later the parties come to terms and Roger admits Adam's right to the land, and for this surrender Adam remits to him his damages.

Mort d'Ancestor—John de Barton, in right of Gilbert de Barton his father v. Robert de Grelly re 4 messuages, 16 acres of land, 16 acres of wood, 40 acres of heath, 3 acres of marsh, 6s. 8d. rent and 2 parts of a mill etc. in Barton on Irrewelle.

They come to terms, John giving ½ mark for leave by surety of the said Robert, to the effect following:—John acknowledges the said tenement to be the right of Robert and remits it to him, quit of himself and his heirs for ever; and for this Robert de Grelly, Lord of Manncestre, grants to the said John and to his heirs for his homage and service, certain land within the bounds underwritten, namely: beginning at the footpath that commences on the high road before the door (hostium) of Elias de Barton and so following the said footpath towards the north as far as Coppidgrene, together with the dower of Cecily mother of the said John; and from Coppidgrene following the headland (foreram) to the field diche as far as into Deplathe crosswise as far as Derboth, together with Derboth under its own bounds, and so following the hedge [hayam] on the highway to the aforeaid footpath; with all buildings within the said bounds erected, to wit, the hall and grainge house of Walter de Barton, the house of Adam son of Simon, the house of Hayna; and all his land in Salteye with a moiety of the Salteye and the dower of the said Cecily; and a moiety of his land between the pol of Barton and the bounds of Irrewilham and between Irrewelle and Catemosse, with a moiety of the pasture and of the escapes [vasti eschapiorum] of the waste and of all other approvements within the said bounds, with the dower of the said Cecily; and a moiety of the wood of Boylsnape etc., with the dower of the said Cecily; and a moiety of all his mills in the vill of Barton, built and to be built, with all common and easements in the vill of Barton belonging to the said tenements there and so much of them; and the said John shall find a moiety of the keepers of the said mills and woods to keep in repair and sustain them, with the dower of the said Cecily; to have and to hold to the said John freely etc. yielding yearly to the said Robert his heirs and assigns one clove of gilliflower for all services: and the said Robert and his heirs will warrant all the said tenements within the said bounds to the said John and to his heirs for ever.

Novel disseisin—Alan de Coupland and Margery his wife v. Robert de Hauerigton, Thomas son of David and Roger son of John le Feure re 3 roods 8 perches in Alythwayt.

John de Clapham, bailiff for defendants, says that the land belongs to Robert, lying within his own demesne, and that it formerly lay waste and uncultivated till he reduced it to culture as he well might. Verdict for Alan, with Judgment. Damages 12d. C [to the Clerks].

Novel disseisin—Alan de Coupland v. Alina de Adigham, William de Steynforde, Jordan le Messer, John de Ballrugge, Adam Geirok, Ranulph son of Robert de Beleclyue, Nigel de Scales, Adam son of William le Gardiner, John Dunynheton and Lambert de Scales re common of pasture in 60 acres of moor in Aldingham, belonging to Alan's tenement in Great Urswyk.

William de Steynforde, for the defendants, says that one William de Furneys, father of Alyna and whose heir she is, granted the said pasture to the plaintiff's father for his life, and that nothing can remain to Alan; Alan says he was in good seisin for 26 years and more until, &c. Verdict for plaintiff against all but William de Steynforde; Judgment accordingly. Damages 2s. C.

Novel disseisin—John de Ursewyk of Coupmanwra v. Alice who was wife of Henry de Croft, William de Claghton, Robert del Crag, Peter de Ovrekellet, William de Mora and Thomas son of Michael re 4 acres in Ovrekellet.

Verdict that plaintiff had only common of pasture therein. Judgment for defendants.

Novel disseisin—Matilda late wife of Ralph Godard, John Godard and Richard son of Ralph Godard v. Hugh Godard and others re common of pasture in Gernok.

Plaintiffs withdraw writ by permission.

Cases put back to the Octave of S. Michael [6 October 1277] here:—

Novel disseisin—Adam de Hulme v. Robert de Gredeley, Robert de Byrches and others re a tenement in Hulme.

Novel disseisin—John de Brimyhurst v. Robert de Byrches re common of pasture in Barton.

Novel disseisin—Alice de Hekeles v. Henry de Strafford and Henry son of Hamo re common of pasture in Clifton.

The writs to remain with the Sheriff.

m. 11 dorso.

Nuisance—Alexander de Pilkinton v. Adam de Prestewyk, Richard son of David de Hulton, Thomas de Heton, Roger de Prestwyk, Richard son of Augustine, Peter le Serjaunt and Richard le Serjaunt re a dyke [fossata] destroyed in Pilkinton.

Defendants say that the dyke is in Prestewyk not Pilkenton, and that it was put up by Alexander on Adam's land, and Adam had it pulled down next day.

Plaintiff says that his father and his ancestors always put up a dyke in the place where he had erected it, to protect the grass. Verdict, that the dyke was part in Prestewyk and part in Pynkelton, and that Adam wrongly destroyed the part in Pylkinton. Judgment accordingly, that part of the dyke in Pylkington to be re-erected at Adam's cost, and plaintiff fined for false claim as to the other part.

Novel disseisin—German de Neuham v. Geoffrey Byrun of Seanton and Robert, Abbot of Stanlawe re common of pasture in 100 acres of wood in Barton.

The Abbot claims entry through Geoffrey and denies the charge. Geoffrey says that one Gilbert de Barton, at one time lord of that vill, held the wood in his separate demesne, so that no one could claim common, and Gilbert enfeoffed Geoffrey who enclosed with a hedge 30 acres out of the 100 acres of the said wood, which is separate from the rest. Verdict for defendants, with Judgment.

The following cases are put back to the Octave of S. Michael [6 October] at Cliderhawe:—

Novel disseisin—Henry de Trafford v. Henry de Lascy and others re a tenement in Eggesworth; at plaintiff's request.

Novel disseisin—Ralph de Radeclyue v. the said Earl Henry and others re a tenement in Osdewaldeswisil; at plaintiff's request.

Novel disseisin—Margery daughter of John de Samlisbyry v. Robert de Eclishull re 10 acres of land and 1 acre of meadow in Eckeleshulle.

Robert admits disseisin and is committed to gaol. Damages taxed by Jury at ½ mark.

Novel disseisin—Ralph de Mitton v. Adam de Hoghton, Adam his son, Richard son of Adam, John son of Adam, Peter le Clerk, William de Brockol, Simon de Wadinton, Elyas son of Richard, Henry son of John de Blakeburne, John de Caton, Henry de Stubbeheued, William son of Gunilda, Adam de Feinycholes, Richard de Soureby, Walter de Myreskou and John de Halton re a messuage, a water mill, 27 acres of land, 3 acres of meadow, 9s. rent, &c., and common of pasture in a third part of 1,000 acres of moor and wood in Gosenarch.

Adam de Hoghton, for defendants, says that he claims only under a lease for years from one Alan de Catherton to whom Ralph de Mitton demised the premises for 27 years of which 22 are yet to come, and Alan died after the lease was made. Ralph says that after the death of Alan he was in seisin for 8 days, till turned out by defendants. Put back for lack of jurors to the Octave of S. Michael, and the Sheriff is ordered to cause to attend so many and such as well Knights as other free and loyal men at that term, to make the said assize.

m. 12.

Novel disseisin—Abbot of Furneys v. Roger de Lancastre and others re common of pasture in Eggettane in Schasthwyk and Ulueriston.

Put back to the Octave of S. Michael here on behalf of the plaintiff.

Novel disseisin—Roger de Snele and Juliana his wife v. William de Chatherton, Ladarena his wife, William Dybald, Richard son of Robert and Richard son of John de Elhale re a plot 9 perches long and the fourth part of a perch broad in one place, and a plot 1½ perch long and 1 perch broad in another place, in a certain messuage in Elhale.

William de Catherton says that he is seised of the first plot as of the inheritance of Ladarena his wife, sister of Juliana, and that it was assigned to Ladarena as her inheritance from her father and he enclosed it with a hedge. As to the second plot, he and Ladarena sued Roger de Slene and Juliana his wife before Gwychard de Charrun and William de Northburg at Wytinton, by writ of Novel disseisin, for a messuage, 40 acres of land, and 3 acres of meadow, and Roger and Juliana conceded that the said plot should be a joint road as an easement for each party, with free exit and ingress.

Verdict for plaintiffs against William and Ladarena, and for the other defendants against plaintiff. Judgment accordingly. Damages 12d.

Cases put back to the Octave of S. Michael, here:—

Novel disseisin—William de Didysbyri v. John de Byrum and others re a dyke set up in Didybiri.

Novel disseisin—Same v. John de Byrun, Simon de Gousle and others re common of pasture in Diddisbyry.

Novel disseisin—Jordan son of Richard de Hennethyrne v. Gilbert de Clifton and Robert de Swynlington re a messuage and 3½ acres in Hennetherne.

Gilbert says that Hennetherne is neither a vill nor a town, but a hamlet of Mitton, and claims Judgment; and he says that one Richard father of the said Jordan once gave certain lands to one Elyas in marriage with one Agnes his daughter, together with the tenement, when it fell in, which one Agnes grandmother of Jordan held in dower; and Elyas and Agnes his wife enfeoffed Robert de Swynlington in the said tenements.

Verdict to that effect, and that Agnes answered to Robert for the services belonging to her said dower, and after her death came one Henry de Hennethyrne and put himself in possession in the name of Jordan; which hearing, one Hugh bailiff of Robert went with the said Gilbert and ejected Henry and took possession of the tenement which should fall to Robert his lord on the death of Agnes. Judgment for defendants: the plaintiff excused fine by the Justices.

Novel disseisin—Robert de Huntigdene v. Richard Wulnesbothe, John le Surreys, Hugh le Clerk, Beatrix who was wife of Roger de Huntingdon, Robert her son and Henry de Blakeburn re a messuage and 16 acres in Dutton.

Henry comes, but the other defendants are absent, nor were they attached, as the Sheriff says they have nothing attachable in his bailiwick.

Verdict, that one Robert de Huntindene gave to one Roger de Huntigdene his son a moiety of the said tenement to hold of him; and afterwards Roger died, and the said Robert, staying at the Abbey of Seleby and hearing of his son's death, went to Dutton and had him buried, and after the funeral entered upon the said tenement; and the same day after dinner the defendants, Henry excepted, ejected Robert from the said tenement. Judgment for plaintiff for a moiety of the said messuage and 16 acres, against all but Henry de Blakeburn. Damages 12d.

Nuisance—Peter de Burnhull v. Adam de Hoighton, John his son, William le Clerk of Singilton, Henry son of Gunild, John le Feuer, William del Holm, Adam de Byseleye and Robert de Modewale re destruction of a fence in Burnhull set up to protect plaintiff's corn and meadow from cattle &c.

Same v. same re demolition of a dyke in Burnhull.

Defendants say, as to the fence, that Adam's men destroyed it and that it was not on plaintiff's land; as to the dyke, Adam sued Peter before the Justices last in Eyre for 40 acres of land and he recovered the said land and the dyke was thereon—on Adam's own land; and when Adam saw it had been made he had it pulled down; and Peter admits that Adam recovered 40 acres and 20 acres of wood but not the land wherein the dyke was.

Verdict, that Peter set up a hedge and dyke within the bounds of Burnil, and Henry son of Gunild, without the knowledge of Adam his lord, destroyed the fence, and Adam when it came to his notice approved; and the dyke was destroyed by Adam, John his son, William Clerk and Adam de Byssley. Judgment, the fence to be set up again at Henry's expense, and the dyke at the charge of Adam, John, William and Adam. Damages for fence and dyke, 12d.

m. 12 dorso.

Novel disseisin—John de Bromhurst v. Alexander le May and Alexander his son re common of pasture in 15 acres in Barton.

Alexander, the father, says that one Gilbert de Barton, lord of the vill of Barton, enfeoffed him of the said 15 acres and put him in seisin; Gilbert is now dead. Plaintiff says that Gilbert enfeoffed him of certain lands in Barton for which he claims the common of pasture, as Gilbert never prevented him from commoning there. Verdict, that John de Bromyhurst had common in the 15 acres of waste belonging to Gilbert of which Gilbert enfeoffed Alexander, who enclosed them with a hedge and reduced them to culture. Judgment for plaintiff. Damages 40d.

Novel disseisin—Adam de Byrkeneshawe v. Alan de Byrkenhaw re a messuage and ½ oxgang in Shurton.

Later, Adam withdraws by permission. Later, covenant, to the effect that Alan admits Adam's title and surrenders the tenement to him.

Novel disseisin—Robert de Mercelesdene v. Henry son of Christian, William son of Margery, Peter son of Peter de Bradeley and Robert le Fyzelote re a messuage and 12 acres in Merkelesden.

Defendants say that the tenement is the freehold of Henry de Lascy, Earl of Lincoln; on this comes Gilbert de Clifton the Earl's steward, and says his lord was seised by surrender from plaintiff, and he is quite willing to have an enquiry. Robert denies the surrender. Verdict, that plaintiff surrendered the tenement in full court to one Peter de Santon the Earl's steward, etc. Judgment for defendants.

m. 13.

Cases put back to the Octave of S Michael, here:—

Novel disseisin—Isold daughter of Hugh le Forester and Alice her sister, v. William de Cathyrton, Richard his brother and others re a tenement in Ellale.

Novel disseisin—Adam de Byry v. Henry de Lascy, Earl of Lincoln and others re a tenement in Totyngton.

Novel disseisin—Same v. same Earl, Reginald de Grenehirst, George his brother, Alexander de Elton and Richard his brother re a tenement in Byry. The jury to view the said tenements on the morrow of S. Matthew the Apostle [22nd September].

Novel disseisin—John de Bromhurst v. Geoffrey Baron re common of pasture in Barton

Novel disseisin—Alexander le May of Barton v. Geoffrey Byrun re common of pasture in Barton.

Novel disseisin—Adam de Ruyston v. Robert son of Gilbert, Richard son of Adam and others re a dyke demolished in Ruyston.

Plaintiff withdraws by permission.

Novel disseisin—Henry de Walley v. Roger de Walleye and Adam de Hoylande re common of pasture in Hevkeston.

Plaintiff withdraws by permission.

Novel disseisin—Henry de Walleye v. Roger de Walleye re a grange, a shippon [boueria] and 25 acres in Heukestone.

Roger says that he entered as brother and heir of one Robert his brother, deceased, who died seised. Henry says he was seised until Roger ejected him. Later, put back to the Octave of S. Michael, here, at plaintiff's request.

Nuisance—William de Heton, Robert de Shoresworth and Cecily his wife v. John de Byrun and others re dyke erected to their injury in Heton.

Plaintiffs withdraw by permission.

The following cases put back to the Octave of S. Michael [6 October] here:—

Novel disseisin—John de Euias and Cecily his wife v. Robert de Holand, Elizabeth his wife and others.

Nuisance—Same v. Same re obstruction of 5 ways in Shapnesbyri.

Novel disseisin—Robert de Holand and Elizabeth his wife v. John Euyas and Cecily his wife re obstruction of 2 ways in Shampelesbyri.

Novel disseisin—Ralph de Mitton v. Robert de Wykeley re a tenement in Achton.

Novel disseisin—Henry son of Henry de Clayton v. William de Aluetham, John de Shotelisworth and others re a tenement in Clayton.

Novel disseisin—Robert de Hyndeley and Elana his wife v. William de la Mare re a tenement in Langgeton.

Plaintiffs did not prosecute; sureties, Adam ton of Richard de Langgeton and Thomas de Hyndeley.

Novel disseisin—John de Knol v. Hugh le Surrays re tenement in Queteley.

Plaintiff did not prosecute; sureties, Swayn Carpenter of Thorndele and William son of Bymme le Mouner of Thorndele.

Novel disseisin—John de Wythinton v. Roger de Ecclis, Chaplain, and German de Neuham re common of pasture in Barton.

Plaintiff did not prosecute; sureties, viz.—r.o suieties found, only "fides" in the writ.

[N.B.—There is no existing record of the Assizes taken at Clyderhowe on the Octave of S. Michael (6 October 1277)].