Lancashire Fines: 20-29 Henry III

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

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'Lancashire Fines: 20-29 Henry III', in Final Concords For Lancashire, Part 1, 1189-1307, (Edinburgh, 1899) pp. 74-93. British History Online https://www.british-history.ac.uk/lancs-final-concords/vol1/pp74-93 [accessed 24 April 2024]

20-29 Henry III

No 63.—At Nottingham, on the day of St. Michael, 20 Henry III. [29th September, 1236].

Between Geoffrey de Chetham, plaintiff, and Robert de Middelton, respecting one carucate of land with the appurtenances in Chetham, whereupon Geoffrey complained that Robert had not acquitted him towards the chief lords of that fee, of forinsec service belonging to that land. A plea "of fine made" had been summoned between them. (fn. 1)

Robert acknowledged the land to be the right of Geoffrey, to hold to him and his heirs of Robert and his heirs in perpetuity, rendering yearly one mark of silver at four terms, to wit, at the Nativity of our Lord 40d., at Easter 40d., at the Nativity of St. John the Baptist 40d., and at the Feast of St. Michael 40d., for all service belonging to Robert or his heirs. And Geoffrey and his heirs shall acquit the land towards the chief lords of that fee, of all other services belonging to that land. For acquittance of the said service to the chief lords, Robert granted to Geoffrey, the homage and service of Henry de Walley and his heirs, from the tenement which Henry beforetime held of Robert in the town of Assewrthe. (fn. 2) And Robert and his heirs shall give every year to Geoffrey and his heirs, for the said accquittance forty pence, to be received at Middelton by the hands of Robert and his heirs at the said four terms, to wit, ten pence at each term, to hold to Geoffrey and his heirs of Robert and his heirs for ever, rendering yearly one pair of iron spurs, or three pence at the Nativity of our Lord, and performing forinsec service for Robert and his heirs to the chief lords of that fee, for the land of Assewrthe, which the said Henry holds, as much as belongs to that land, for all service and exaction. And if Robert or his heirs shall make default in payment of the said 40d. at any of the said terms, it shall be lawful for Geoffrey and his heirs to distrain Robert and his heirs by their cattle upon their estate of Middelton, until full payment of the said 40d. yearly be made. Henry de Walley was present when this concord was made, and did homage to Geoffrey. And be it known that the fine formerly made between them, so far as relates to forinsec service belonging to the land of Chetham, shall be cancelled by this fine.

No. 64.—At Westminster, in one month from Easter, 20 Henry III. [27th April, 1236].

Between William, Earl Ferrers, and Agnes, his wife, plaintiffs, by Josseus de Chelvestun, and John de Kent put in their place, and Herbert, Prior of Marseye (fn. 3)., impedient, by brother Robert de Marseye put in his place, respecting the advowson of the church of Botheltun with the appurtenances. An assize of last presentation had been summoned between them.

William and Agnes acknowledged the advowson of the church to be the right of the Prior, and of his church of Marseye, and quit-claimed it from themselves and the heirs of Agnes to the Prior and his successors, and to his church of Marseye in perpetuity. The Prior received William and Agnes and the heirs of Agnes into all the benefits which should be thereafter made in his church of Marseye.

No. 65.—At Westminster, in one month from Easter Day, 22 Henry III. [1st May, 1238].

Between Simon Grubeheued, plaintiff, by Walter de Skaresbrek put in his place, and Robert de Lathum, deforciant, respecting three carucates of land in Chaldewall, three carucates in Raby, and two oxgangs in Lasarghe, (fn. 4) whereupon Simon complained that Robert did not observe the fine made in the King's court at Westminster, (fn. 5) between the said Simon, and Richard, son of Richard, brother of the said Robert, whose heir he is, (fn. 6) concerning the said land.

Simon quit-claimed to Robert and his heirs, all his right in the land. For this quit-claim Robert gave him four score marks of silver. This cancels the previous fine.

No. 66.—At Lancaster, on the morrow of St. Martin, 26 Henry III [12th November, 1241].

Between John, Abbot of Fountains, by brother Robert, his Monk, put in his place, and William de Percy, (fn. 7) by Richemann Calle, put in his place, upon the plea that the said William deforced him from pasture in Longestrode, (fn. 8) contrary to the charters of his ancestors and his own, which the said Abbot has, and which William acknowledged before the Justices Itinerant at York, and warranted to the said Abbot. And the said Abbot complained that albeit he recovered his seisin in the said pasture against the said William before the Justices at York, nevertheless William raised lodges and hays in the said pasture, and enclosed about eight score acres of good pasture, whereby the Abbot has so much the less access thereto.

William grants for himself and his heirs, that the Abbot and his successors shall have pasture to the quantity of twenty brood mares (matrices), with offspring of three years, and eight stallions throughout Longestrode, except within the enclosures around William's lodges, to wit, of Crey, Huberham, Yoghannetheit, Risegile, Depedale, Bekeresmotes, and Uhtredestal, (fn. 9) but so that these horses shall not be impounded if they by chance enter the said enclosures, but shall be driven out without injury. Also it shall be lawful for the Abbot to have his stud-men in the forest, and a lodge for their use, and to make folds where they will of the said William's wood, or of stone if he will, and to make fire of the wood to brand his horses. And the said William shall cause his foresters, stud-men and cow-herds to swear that they will not maliciously terrify nor chase the said horses, by horn or shout or by other device (machinamentum terroris), in order to drive them quickly from the said pasture, or terrify them so that they shall less freely and fully feed in any part of the pasture. And if any forrester, stud-man or cow-herd of the said William transgress in this respect and be convicted, William and his heirs shall make reasonable amend. Further the said William grants three cows with offspring of one year in the common pasture of Bukeden, and if by chance they make their way into the forest of Longestrode, they shall not be impounded by William and his heirs, or bailiffs, but driven out without injury. Further he grants that the stud-men of the Abbot and his successors shall take sufficient estovers for fuel in the common wood of Bukedene.

For this concession the Abbot grants to William and his heirs the free enjoyment of an enclosure, which by consent of William and the Abbot, has been made upon Creybecke (fn. 10), saving to the Abbot and his successors pasture within the same for his horses; and free enjoyment of all the lodges which have been made on the day hereof in the said forest, and liberty to enclose, dyke, and hedge at their will, without gainsay of the Abbot and his successors. But it shall not be lawful to William and his heirs to make more lodges, or more enclosures than already exist, or to enlarge them, except by consent of the Abbot. The Abbot also consents that William and his heirs shall cut hay in the said forest where they will, saving that the places where they do so shall not be put in fence, whereby the Abbot shall be deprived of pasture before harvest time (quo minus), or after at his will.

Be it known also that the Abbot and his successors shall cause their stud-men and cow-herds to abstain from chasing or terrifying William's cattle by horn, or shout, or other device, but if they do so, upon conviction, the Abbot and his successors shall make reasonable amend as abovesaid.

No. 67.—At Westminster, on the Quindene of St. John the Baptist, 26 Henry III. [8th July, 1242].

Between Richard, Abbot of Evesham, plaintiff, and William de Wedacre and Amiria his wife, deforciants, of the moiety of the manor of Farinton. (fn. 11)

William and Amiria acknowledged the moiety of the manor to be the right of the Abbot, and of his church of Evesham, and quit-claimed it to him and his successors. For this acknowledgment the Abbot gave them twelve marks of silver.

No. 68.—At Westminster, on the Quindene of St. Michael, 26 Henry III. [13th October, 1242].

Between John de la Wulfhal and Cecily his wife, plaintiffs, by the said John put in Cecily's place, and Alan le Norreis, (fn. 12) tenant of 11 acres of land in La Hall. (fn. 13)

Alan acknowledged the land to be the right of Cecily. For this acknowledgment John and Cecily granted it to Alan, to hold to him and his heirs of them and the heirs of Cecily, in perpetuity, rendering yearly 12d. at the Nativity of the B.V.M., for all service. For this grant Alan gave them three marks of silver.

No. 69—At Lancaster, (fn. 14) on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between Richard Fiton, plaintiff, and Alexander, son of William, and Adam, son of Aumund, concerning the nativity of Alexander and Adam.

Richard acknowledged Alexander and Adam to be freemen, and released them from all manner of nativity and servitude. (fn. 15) For this quit-claim they gave him 20s. sterling.

No. 70.—At Lancaster, on the Quindene of St. Martin, 26 Henry III. [25th November, 1241].

Between William de Karleton, (fn. 16) plaintiff, and Alan, Abbot of Leycestre, tenant, by brother Robert Furnienciu (?) his Monk put in his place, of one oxgang of Land in Crimbles.

William acknowledged the land to be the right of the Abbot, and of his church of Leycestre, and quit-claimed it to him and his successors, and to his church in perpetuity. The Abbot received William and his heirs into every benefit hereafter to be made in the church of Leycestre.

No. 71.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between Richard de Dutton, plaintiff, and Richard de Frekelton, tenant of three oxgangs of land with the appurtenances in Norhicbiec [Norbrec].

Richard de Frekelton acknowledged the land to be the right of Richard de Dutton, and rendered it to him, and quit-claimed it from himself and his heirs to Richard de Dutton and his heirs in perpetuity. For this quit-claim Richard de Dutton gave him one mark of silver.

No. 72.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between Richard, son of William de Bothelton, plaintiff, and Hugh de Shoresworth, tenant, of the fourth part of one oxgang of land in Schoresworth. (fn. 17) (fn. 18)

Hugh acknowledged the land to be the right of Richard. For this acknowledgment Richard granted it to Hugh, to hold of the chief lords of the fee by the service accustomed, and for 2s. to be rendered yearly to Richard at four terms, to wit, at the Nativity of our Lord 6d., at the Annunciation of the B. V. Mary 6d., at the Nativity of St. John the Baptist 6d., and at the feast of St. Michael 6d., with power to make distraint for non-payment.

No. 73.—At Lancaster, on the morrow of St. Martin, 26 Henry III. [12th November, 1241].

Between Roger of Shyotlesworth, plaintiff, and Geoffrey de Denton, concerning the nativity of Roger.

Geoffrey acknowledged Roger to be a freeman, and quitclaimed to him and his heirs all manner of nativity and servitude, for ever. For this quit-claim Roger gave him twenty marks of silver.

No. 74.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between Adam de Bilinton, plaintiff, and Elias de Plesinton, tenant of two oxgangs of land in Hunecotes, and between the said Adam de Bilinton, plaintiff, and Adam de Plesinton, tenant, of two oxgangs of land in Hunecotes [Huncoat].

Adam de Bilinton quit-claimed to Elias and Adam and their heirs, all his right in the land. For this quit-claim they gave him 40s. sterling. Adam de Plesinton at the request of Elias granted to the Abbot of Kirkestall the said two oxgangs, to wit, those for which Adam de Bilinton sued Adam de Plesinton; to hold to the Abbot and his successors, of Adam in free and perpetual alms, rendering yearly at the feast of St. Giles 6d., and performing forinsec service, for all service. With warranty from Adam to the Abbot.

No. 75—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18 November, 1241].

Between William, son of Henry, plaintiff, and Roger, son of Henry, tenant of four oxgangs and 24 acres of land in Oswaldtuisil (fn. 19) (fn. 20) [Oswaldtwisle]. An assize of mort d'ancestor had been summoned between them.

William acknowledged the land to be the right of Roger. For this acknowledgment Roger granted to William one and a half acre and one rood of the said land, lying on the east side of Ducworthley, next to Dunserope; to hold of Roger by the service of one pair of gloves, price ½d., to be rendered yearly at the feast of St. Oswald, for all service. With warranty.

No. 76.—At Lancaster, on the morrow of St. Martin, 26 Henry III. [12th November, 1241].

Between Geoffrey de Wallay and Avice his wife plaintiffs, and Adam de Bilinton, tenant of 12 acres of land with the appurtenances in Bilinton.

Adam acknowledged the land to be the right of Avice, and rendered it to her, to hold to Geoffrey and Avice and the heirs of Avice, of Adam, and his heirs in perpetuity, rendering yearly 12d. at the feast of St. Giles for all service and exaction. With warranty. For this acknowledgment Geoffrey and Avice gave him one sor sparrow-hawk (osperuerium sorum).

No. 77.—At Lancaster, on the morrow of St. Martin, 26 Henry III. [12th November, 1241].

Between Paulinus de Baunton and Joan his wife, plaintiffs, and Richard de Hereford, tenant of 38 acres of land in Tydeswell. (fn. 21)

Richard acknowledged the land to be the right of Joan. For this acknowledgment Paulinus and Joan granted it to Richard, to hold for the term of his life, of them and the heirs of Joan, rendering yearly 2s., to wit, at Easter 1s, and at the feast of St. Michael 1s., for all service and exaction. After the decease of Richard, one moiety lying furthest from the sun, with the capital messuage, to revert to the said Paulinus and Joan and the heirs of Joan; the other moiety without the capital messuage to be held by the heirs of Richard, of Paulinus and Joan and the heirs of Joan in perpetuity for 2s. yearly for all service.

No. 78.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between Eva, daughter of Ralph, plaintiff, and Agnes, daughter of Stephen, and Adam, her son, tenants, of fourteen oxgangs of land in Merlay [Great Mearley]. (fn. 22)

Eva quit-claimed all her right in the land to Agnes and Adam and their heirs. For this quit-claim they gave her 8s. sterling.

No. 79.—At Lancaster, on the morrow of St. Martin, 26 Henry III. [12th November, 1241].

Between Gregory de Wimerleg, plaintiff, and Geoffrey, Prior of Lancaster, tenant, of six oxgangs of land in Hulle [Hoole].

Gregory quit-claimed all his right in the land to the Prior and his successors, and to his Church of Lancaster. For this quit-claim the Prior gave him 20s. sterling. (fn. 23)

No. 80.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between William, son of Roes, plaintiff, and Richard, son of William, tenant, of one oxgang of land in Newton.

William quit-claimed all his right in the land to Richard and his heirs. For this quit-claim Richard gave him two marks of silver.

No. 81.—At Lancaster, on the Quindene of St. Martin, 26 Henry III. [25th November, 1241].

Between Robert de Huland, plaintiff, and Adam de Pemberton, tenant, of twelve oxgangs of land in Pemberton.

Robert quit-claimed all his right to Adam, who gave Robert the homage and service of Thomas de Siuerdelege and his heirs, from the whole tenement which Thomas holds of the said Adam in Siuerdelege, to wit, 5s. 6d. yearly. Robert and his heirs to hold the same of Adam and his heirs in perpetuity, paying 3d. yearly, or one pair of steel spurs at the Nativity of our Lord for all service. With warranty. The said Thomas was present when this concord was made, and acknowledged that the said service would be due yearly by him to Robert.

No. 82.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between Elyas, son of Syrith, and Augnes, daughter of Henry, plaintiffs, and Adam de Hocton, (fn. 24) tenant, of two-thirds of four oxgangs of land in Hocton [Hoghton], which Elyas and Agnes claimed to be the reasonable share which belonged to them, of the inheritance of Steymill de Hocton, their grandfather, whose heirs they were.

Elyas and Agnes quit-claimed all their right in the land to Adam. For this quit-claim he gave them two marks and a half of silver.

No. 83.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between Alice, daughter of Alan, plaintiff, and Adam de Eccliston, tenant, of one oxgang and a half of land in Eccliston. An assize of mort d'ancestor had been summoned between them.

Alice acknowledged the land to be the right of Adam, for which acknowledgment he granted it to Alice and her heirs, to hold of him and his heirs in perpetuity, performing in all things the service belonging to that land. With warranty.

No. 84.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between Alice, daughter of Robert the Harper, plaintiff, and Simon de Bireches, tenant of sixteen acres of land in Burschehou [Burscough].

Simon acknowledged the land to be the right of Alice, and quit-claimed it to her and her heirs. For this acknowledgment she gave him one mark of silver.

No. 85.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between Emma, daughter of Quenilda, plaintiff, and Elen her sister, deforciant, of the moiety of two oxgangs of land in Kirkedal, (fn. 25) which Emma claimed to be the reasonable share which belonged to her, of the inheritance of Quenilda de Kirkedal, mother of the said Emma and Elen, whose heirs they were.

Emma quit-claimed to Elen and her heirs all her right in the land. For this quit-claim Elen gave Emma one mark of silver.

No. 86.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between Avice de Middelton, plaintiff, and Adam, son of Adam, tenant, of seven oxgangs of land in Middelton. (fn. 26) An assize of mort d'ancestor had been summoned between them.

Avice quit-claimed to Adam and his heirs all her right in the land. For this quit-claim Adam gave her 40s. sterling.

No. 87.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between William, son of Henry, plaintiff, and Robert, son of Adam de Radeclif, tenant, of two oxgangs, half an oxgang, and the third part of half an oxgang of land in Ducworth, (fn. 27) and between the said William, son of Henry, plaintiff, and Robert, son of Adam de Radclif, tenant, of two oxgangs and half an oxgang of land in Oswaldtwisil. An assize of mort d'ancestor had been summoned between them.

William acknowledged the said lands to be the right of Robert and his heirs. For this acknowledgment Robert granted to William one and a half acres and one rood of land lying on the eastern side of Ducworthley next to Dunshope, to hold to him and his heirs of Richard and his heirs in perpetuity, rendering one barbed arrow yearly at the feast of St. Oswald for all service. With warranty.

No. 88.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between Bernard, son of Beatrice, plaintiff, and Bernard, son of Richard, tenant, of one oxgang of land in Gosnar [Goosnargh]. A jury of grand assize had been summoned between them.

Bernard, son of Richard, acknowledged the lands to be the right of Bernard, son of Beatrice, (fn. 28) and his heirs. For this acknowledgment the latter granted to Bernard, son of Richard, six acres of land in Gosnar, lying on the north side of Foxholhirst, to hold to him and his heirs, of Bernard, son of Beatrice and his heirs in perpetuity, rendering 12d. yearly at the Assumption of the B.V.M., and performing forinsec service belonging to that land for all service. With warranty. The land not to be given, mortgaged, or alienated except to Bernard, son of Beatrice or his heirs, provided that he or they should be willing to give as much as others would give for the land.

No. 89.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between William, son of Orm, plaintiff, and William, son of William, tenant, of two oxgangs of land in Clauton [Claughton in Lonsdale]. An assize of mort d'ancestor had been summoned between them.

William, son of Orm, quit-claimed all his right in the land to William, son of William and his heirs. For this quit-claim William, son of William, gave him six marks of silver.

No. 90.—At Lancaster, on the morrow of St. Martin, 26 Henry III. [12th November, 1241].

Between Geoffrey de Walleye and Avice his wife, plaintiffs, and Roger de Witton, tenant, of three oxgangs of land in Hunnecotes. (fn. 29)

Geoffrey and Avice quit-claimed their right in the land to Roger and his heirs, for which Roger granted to Geoffrey and Avice forty acres of land in Bilinton, to hold to them and the heirs of Avice of the chief lord of the fee by the service belonging to that land. Afterwards Roger, at the request of Geoffrey and Avice, granted the said three oxgangs of land to the Abbot of Kirkstall, to hold to him and his successors and to the church of Kirkstall in frankalmoign, of the said Roger and his heirs, rendering yearly four barbed arrows at the feast of St. Giles, and performing forinsec service belonging to that land for all service. With warranty to the Abbot.

No. 91.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between Richard, son of William, plaintiff, and Richard, son of Robert, tenant of the fourth part of one oxgang of land in Shoreswrth. (fn. 30) A jury of grand assize had been summoned between them.

Richard, son of Robert, acknowledged the land to be the right of Richard, son of William, for which acknowledgment the latter granted the said land to Richard, son of Robert, to hold to him and his heirs, of the chief lords of the fee in perpetuity, for the service belonging to that land, and rendering 12d. yearly at the Assumption of the Blessed Virgin Mary to Richard, son of William, and his heirs, for all service. With power reserved to make distraint in case of default of payment.

No. 92.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between Ralph, son of Jordan, (fn. 31) and Cecily his wife, plaintiffs, and Richard, son of Gamel, and William his brother, concerning the nativity of Richard and William.

Ralph and Cecily acknowledged that Richard and William were free men, and for themselves and their heirs released Richard and William and their heirs from all nativity and servitude for ever. For this acknowledgment Richard and William gave them 20s. sterling.

No. 93.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between Richard, son of Christiana de Alreton, plaintiff, and Gilbert de Barton, (fn. 32) tenant of one knight's fee and half a knight's fee in Barton, except four oxgangs of land in Hetun.

Richard quit-claimed all right in the said knight's fees, except as above, to Gilbert and his heirs in perpetuity. For this quitclaim Gilbert gave him fifteen marks of silver.

[Endorsed]. Henry, son of Margery, put in his claim.

No. 94.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between Margaret and Godith, daughters of Richard, son of Uviet, plaintiffs, and Alexander, son of Roger, tenant, of the third part of the Manor of Wythalg. (fn. 33)

Margaret and Godith quit-claimed all their right in the third part of the said manor to Alexander and his heirs. For this quit-claim he gave them four marks of silver.

No. 95.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between John de Harewode, plaintiff, and William de Samlesbyry, concerning this, that William should acquit John of the service which Thomas Grelley claimed from John, of the free tenement which John holds of William in Harewode, (fn. 34) and of which the said William as mesne tenant between them ought to acquit him, as he says. Whereupon John complained that whereas he holds of William half a carucate of land in Harewode by performing forinsec service for all service, William did not acquit him of the suit which the said Thomas claimed from him at his Court of Mamecestre.

William acknowledged the half carucate of land to be the right of John, to hold to him and his heirs of the chief lords of the fee by performing forinsec, and all other services belonging to the said land. William granted this for himself and his heirs, and acquitted John and his heirs of the said suit of court for ever. For this grant John remitted all claim on account of losses and expenses incurred by reason of the said suit of court.

No. 96.—At Lancaster, on the Quindene of St. Martin, 26 Henry III. [25th November, 1241].

Between Walter de Tatham, plaintiff, and Stephen de Oxenethweyt, Thomas, son of Alan and Lawrence his brother, tenants, of twelve acres of land in Tatham.

Stephen, Thomas and Lawrence acknowledged the land to be the right of Walter, and quit-claimed it to him and his heirs. For this acknowledgment Walter gave them half a mark of silver.

No. 97.—At Lancaster, on the Quindene of St. Martin, 26 Henry III. [25th November, 1241].

Between Richard Rigmayden and Agnes his wife, and Alice, sister of Agnes, and Godith, daughter of Gilbert Whithaud, plaintiffs, and Walter de Tatham, tenant, of two carucates of land in Tatham and Ireby.

Richard, Agnes, Alice and Godith quit-claimed all their right in the land to Walter. For this quit-claim he gave them eight marks of silver.

No. 98.—At Lancaster, on the Octave of St. Martin, 26 Henry III. [18th November, 1241].

Between Robert, son of Richard de Alreton, plaintiff, and Thomas Gretley, whom Geoffrey de Chetham and Margaret his wife called to warrant, and who warranted to them, twelve oxgangs of land in Alreton. (fn. 35) An assize of mort d'ancestor had been summoned between them.

Robert quit-claimed all his right in the land to Thomas. For this quit-claim Thomas gave him 40s. sterling.

No. 99.—At Westminster, in one month from Easter, 29 Henry III. [14th May, 1245].

Between Gilbert, son of Thomas de Hilketelashal, plaintiff, and Symon, son of Thomas, deforciant, of one carucate of land in Keggewrth, (fn. 36) concerning which a plea of covenant had been summoned between them.

Simon acknowledged the land to be the right of Gilbert. For this acknowledgment Gilbert granted the land to Simon, to hold to him and his heirs lawfully begotten upon his wife, of the said Gilbert and his heirs, rendering yearly one pair of gilt spurs or 6d. at Easter, and performing at a scutage of 20s. [on the knight's fee], when any should happen, one penny, and so proportionately more or less, and to the chief lords of the fee all other services belonging to that land. With warranty to Simon and his heir lawfully begotten, provided always that it should not be lawful for Simon or his heir to grant, sell, mortgage, or otherwise to alienate that land. After the decease of Simon, if he should happen to die without heir, the land to revert to Gilbert and his heirs. Afterwards Gilbert remitted to Simon forty marks of silver, which Simon owed him.

No. 100.—At Westminster, on the Quindene of Easter, 29 Henry III. [30th April, 1245].

Between Alice, formerly the wife of Alan de Singelton, plaintiff, and William, son of Alan, (fn. 37) tenant, of two carucates of land in Thorenton.

Alice acknowledged the land to be the right of William. For this acknowledgment William granted it to her together with the third part of his fishery in Singelton, to hold during her life of William and his heirs, performing all the services belonging to that land, provided always that it should not be lawful for her to grant, sell, mortgage, or otherwise to alienate that land or fishery. After the death of Alice, the whole to revert to William and his heirs. Afterwards William granted for himself and his heirs to Alice, that if she should not be able to grind in her mill of Thorenton, that she might grind her own corn and barley in William's mill in Singelton, free from multure. And Alice quitclaimed to William and his heirs all her right in the tenements which formerly belonged to Alan, her husband, in the name of her dower; and afterwards William gave her £10 sterling.

Footnotes

  • 1. Cf. Fine No. 34, temp. Henry III., p. 59.
  • 2. Ashworth, a chapelry in the parish of Middleton in Salford Hundred. Henry de Whalley would be son of Geoffrey the younger, dean of Whalley. He had land also in Spotland. (Whalley Coucher, p. 745). He was a benefactor to Fountains Abbey, and is said to have married Eleanor, daughter of Simon de Monhaut, or Montalt, by whom he had a son, Geoffrey de Whalley, living in 1261. (Whitaker's History of Whalley, ii., p. 191).
  • 3. At Westminster, in Easter Term, 20 Henry III., the Prior of Maresey gave one mark for licence to concord with William, Earl Ferrers, respecting an assize of last presentation, of the advowson of the church of Boltun. (C. R. Roll, No. 116, m. 6). This Fine refers to co. Nottingham. Mattersey, or Marsey Priory, was founded before 1192 by Roger, son of Ranulf de Marsey, for six Gilbertine monks. So says Thoroton, but it must have been before 1186, for Roger died in or before that year. (Lancashire Pipe Rolls, p. 61). The rectory of Boulton in Nottinghamshire (?) was doubtless part of the original foundation. This family had a large estate in Lancashire, consisting, however, only of services, and without any demesne. Roger de Marsey, son of Ranulf, son of the above-named Roger, in the year 1230 disposed of the whole of his Lancashire estates, including the manor of Bolton-le-Moors, and various rents and services in twentythree other places in the Hundreds of Salford, Leyland, and Lonsdale, to Ranulf, Earl of Chester. The Earl died in 1232, when the above estate devolved upon William Ferrers, Earl of Derby, who had married Agnes, the Earl's third daughter, together with the other large possessions between the Ribble and Mersey, which Henry III. had granted to the Earl of Lincoln in the year 1228.
  • 4. Anlasarghe, now Anglezark.
  • 5. Cf. Fine No. 7a, 8 Henry III., p. 44.
  • 6. From the following reference to a suit which had been instituted in the King's Court, in a month after Michaelmas, 16–17 Henry III. (27th October, 1232), by the widow of Richard de Lathom, to obtain recognition of her dower, we have proof that Robert de Lathom had succeeded his brother sometime during that year. "Roeys, who was the wife of Richard de Lathom, puts in her place Geoffrey de Utton (Hutton or Hulton ?) versus Robert de Lathom, in a plea of dower." (C. R. Roll, No. III, m. 16). I venture to hazard the conjecture that Simon de Grubhead was the husband of Alice, widow of Richard de Lathom, who died in or before 1221, and that his claim upon the Lathom estates in right of his wife had been met by the assignment recorded in the Fine No. 7a. Robert de Lathom now gets rid of his claim by paying him the sum of eighty marks.
  • 7. This is a Yorkshire Fine.
  • 8. Langstrothdale Chase, parish of Arncliffe.
  • 9. Now called Crey, Hubberholme, Yockenthwaite, Raysgill, Deepdale, Beckermonds, and Oughtershaw. The latter is grossly corrupted from the original Ughtred-stall.
  • 10. Now called Cray gill. The enclosure is called Cray Cow Close.
  • 11. At Westminster, on the Octave of St. Hilary, 22 Henry III., the Abbot of Evesham, by his attorney, sued Richard de Crophull for the moiety of one mill and six acres of laud in Farinton, which the Abbot claimed as his escheat. Richard did not come, and the Sheriff was directed to seize the land. (C. R. Roll, No. 119, m. 5). Farrington in Leyland Hundred contained one carucate of land, which Richard Bussel gave to Evesham Abbey circa 1159–1164.
  • 12. At Westminster, on the same day as the above Fine, Alan le Norreis gave half a mark for licence to concord with John de Wolfhal in a plea of land. They shall have a chirograph. (C. R. Roll, No. 124, m. 5 dorso).
  • 13. It is not clear whether the land in dispute was part of the demesne of Wolfall Hall, in Huyton, or whether it lay in the township of Hale. John de Wolfall held one third part of the Manor of Hale in right of Cecily his wife, one of the daughters, and ultimately co-heir of Richard de Meath, lord of Hale. Having no issue, their estate passed to Adam Austyn "de Ireland" (ancestor of the Irelands of Hale), whose mother Eda, Edith or Edusa, was the elder daughter and co-heir of Richard de Meath. (Hale Deeds).
  • 14. The Justices in Eyre heard pleas at Lancaster during the fortnight commencing 11th November, 1241, possibly the session may have extended a few days over the fortnight. The Assize Roll has not been preserved, but thirty Final Concords made at these Assizes are given here (Nos. 69 to 98). The Justices in Eyre were Robert de Lexington, Ralph de Sulleg, William de Culeworth, and Jollan de Nevill The amercements of men, and townships imposed by them, and recorded in the Roll which they delivered to the Treasury, amounted to £398 0s. 3d. (Pipe Rolls, 26–27 Henry III.)
  • 15. The emancipation of serfs was frequently effected by a final concord such as this, following upon a suit before the justices upon a writ de libertate sua probanda. Upon the manumission of villeins, see Pollock and Maitland, History of English Law, Vol. I., p. 410.
  • 16. Cf. the Final Concord between the Abbot of Leicester and William de Carleton's father, Walter, son of Swain, 10 John, No. 49 supra.
  • 17. In the manor of Ordsal, and township of Pendlebury.
  • 18. Cf. Whitaker's History of Whalley, Vol. II., pp. 200, 283. See also No. 90, postea.[Ed. This note has no marker in the text of the printed volume.]
  • 19. See No. 87 postea.
  • 20. Cf. Nos. 74 and 90, temp. Henry III. [Ed. This note has no marker in the text of the printed volume.]
  • 21. A Derbyshire Final Concord, relating to Tideswell.
  • 22. Ralph le Rous had a grant of Great Mearley and other estates from Robert de Lacy in the year 1102. Jordan, son or grandson of Ralph, had a confirmation of Great Mearley, etc., from Ilbert de Lacy, circa 1135—1142, and enfeoffed Stephen de Mearley of that manor, perhaps in frank marriage with his daughter. Stephen's ultimate heir was his daughter Agnes, who married Adam Nowell, and had issue Adam, named in this concord, and Roger, who succeeded, and was the ancestor of the Nowells of Read. (Whitaker's History of Whalley, ii., pp. 108–110).
  • 23. See the Register of Lancaster Priory, p. 32. Also cf. No. 37, temp. John.
  • 24. Hoghton was given with other considerable estates in Leyland Hundred to Richard Fitton by Richard Bussel, Baron of Penwortham between 1153 and 1164 (Add. MSS. 32, 106, f. 68b). Between 1189 and 1212, Adam, son of Richard, son of Hamon le Boteler became possessed of some portion of Hoghton, whereupon he and his successors assumed the surname of Hocton, or Hoghton, and continued to hold this estate, not of the Barons of Penwortham, but of the Fittons of Bollin, until Sir Edmund Fitton, temp. Edward I. gave the homage and service of Adam de Hoghton, grandson (?) of the above Adam, of the tenements which he held of the said Edmund in the vills of Walton, Allerton and Hoghton, to Sir Henry de Lea. (Dodsworth MS., cxlii., f. 12b). By the marriage of Sibil, sister and heiress of Sir Henry de Lea, grandson of the above Sir Henry, to Sir Richard de Hoghton, the Hoghtons became in the year 1315 chief lords of Hoghton and many other manors, immediately under Thos., Earl of Lancaster and his succsssors. The earlier generations of the Hoghton pedigree in the History of Lancashire, edit. 1888–93, vol. iv., p. 182, have been drawn up with an entire disregard alike of human possibilities in the generation of offspring, and of the evidence of unimpeachable documents. The pedigree commences with the old blunder of confusing the name of Busli with that of Bussel, making Warin Bussel II., who was Baron of Penwortham in the time of King Stephen, son and heir of Roger Busli, the Domesday tenant in chief, the history of whose heir is perfectly well known (Staff. Collections ii., p. 223). In the next place, Hamon le Boteler (Pincerna), who married a daughter of Warin Bussel II., temp. Stephen is stated to have had a grandson, who, on the strength of an entry in the Pipe Roll of 31 Henry I. (1129–1130), is said to have married the widow of Geoffrey de Favarc, i.e., six or seven years before the commencement of Stephen's reign ! Further, in order to connect the family at an early date with the manor of Hoghton, an entry in the Testa de Nevill, which describes the estate given by Warin Bussel in marriage with his daughter to Hamon le Boteler, has been deliberately corrupted, so that two caracutes "in Heton and Echelstone" is made to read "in Hocton and Echelston." As a matter of fact this Heton was Heaton in Lonsdale, as may be seen by reference to three early charters relating to these estates, printed in the collection of twelfth century charters at the end of the Lancashire Pipe Rolls. The actual facts were as follows: Warin Bussel gave to Hamon le Boteler in marriage with one of his daughters, two carucates of land in Heaton in Lonsdale, and in Little Eccleston in Amounderness (Testa ii., f. 816). Hamon had a son, Richard, who, had a son, Adam, who by the style of "Adam filius Ricardi, filii Hamonis Pincernæ," granted his estate in Heaton—one moiety of the vill—to Augustine, son of Ughtred of Ulverston, which Augustine was father of Roger de Heaton of Brune (now Bourn Hall, parish Poulton-in-the-Fylde), to hold of Adam by the ninth part of one Knight's fee (Dodsworth MS., lxxxviii., f. 7). Accordingly, in the Survey of 1212, under the Barony of Penwortham we find that "Adam de Hocton holds the same Heton, to wit one carucate," i.e., that moiety of Heaton, of which his grandfather had been enfeoffed in the reign of King Stephen. The Adam de Hocton of this concord was probably the son of Adam, son of Richard, son of Hamon le Boteler.
  • 25. Warin Bussel gave to Norman three carucates of land in Kirkedale, to hold by the service of three-tenths of one Knight's fee. In the year 1212, Quenilda, daughter of Roger held that land by the same service (Testa ii., f. 816). Roger de Kirkdale, father of Quenilda died before 2 John, when Godith, his widow, obtained recognition of her dower in Kirkdale. Quenilda married Richard, son of Roger (not of Wood-Plumpton), by whom she had three daughters, Emma and Ellen, named in the above concord, and another, the eldest, whom William, son of Norman gave in marriage to Jordan de Thornhill. This family also held several estates by serjeanty (Testa ii., f. 815). William, son of William de Walton held Kirkdale in 1242 of the fee of the Earl of Lincoln in Penwortham, by the third part (¼ 1/20) of a Knight's fee (Ibid, f. 787).
  • 26. Adam de Middleton held in 1212 one-third part of the manor of Middleton, near Lancaster, of the King in chief, as of the Honour of Lancaster, by the service of one-fourteenth part of a Knight's fee. His ancestors held this fee of ancient feoffment. He died 1235, and was succeeded by his son Adam, who had livery of one carucate of land in Middleton, 10th March, 1235 (Fine Roll, 19 Henry III., m. 11). At the date of this Concord he held seven oxgangs, his father having alienated the other oxgang to Adam, son of Orm de Kellet, before 1212 (Testa). Adam II. died in 1259, and on the 5th May, the same year, the wardship of his heir was given to William de Burgh, afterwards of Middleton, in whose family this estate afterwards descended.
  • 27. Duckworth is an estate in Oswaldtwisle. Henry de Oswaldtwisle appears to have had two sons, William (No. 75 supra), and Roger who was enfeoffed of land in Oswaldtwisle by his father (?), to whom Simon de Radcliffe had given that land (Assize Roll, No. 404, m. 11, dorso).
  • 28. Bernard de Mitton, son of Beatrice, daughter and co-heiress of Robert, son of Bernard of Goosnargh, and third wife of Hugh de Mitton. Bernard held five oxgangs in Goosnargh by the feoffment of his mother (Assize Roll, No. 404, m. 2).
  • 29. In Hilary Term, 1243, at Westminster, Geoffrey de Wallegh and Avice, his wife, were attached to answer Roger de Wynton (sic) in a plea to observe the agreement made at Lancaster, before the Justices in Eyre, between the said Geoffrey and Avice, plaintiffs, and the said Roger, tenant of three oxgangs of land in Hunnicot, whereof they have a chirograph, and respecting which Roger complained that after he had granted to Geoffrey and Avice forty acres of land in Bilinton for the release of the three oxgangs, they by virtue of that grant occupied other forty acres and 4s. 6d. rent of his land in that vill, whereby he has sustained loss to the amount of twenty marks. Geoffrey and Avice denied this, but acknowledged the agreement, and said that they had only occupied forty acres of land, of which the Sheriff put them in seisin in Roger's presence, the land having been measured by the rod of twenty feet, according to the custom of the country, nor did they claim any more land than the forty acres accorded by the said concord. The Sheriff was ordered to take with him twelve Knights and to proceed in person to Belington, and there by view and in accordance with the writ to measure forty acres of Roger's land, by the perch of twenty feet, to Geoffrey and Avice, and if they have occupied more than forty acres, to give Roger his remedy (Curia Regis Roll, No. 126, m. 10). Cf., Nos. 74 and 90. See also Whitaker's History of Whalley, vol. ii, p. 283.
  • 30. Shoresworth was an estate of one oxgang in the township of Pendlebury. Robert de Pendlebury had a grant, or confirmation, of one carucate in Pendlebury from John, Count of Mortain (1189–1194). Elias, his son and heir, held this carucate in 1212 for the yearly service of 10s., and also one oxgang of land in Shoresworth for the service of 2s. He died in 1219, and on the 27th October, the same year, Adam, his son and heir, had livery of one carucate in Pendlebury, and a quarter oxgang in Shoresworth. (Fine Roll, 2 Henry III., m. 9). In the year 1212, Shoresworth was held by the four nephews of Elias de Pendlebury, viz., Richard, Adam, Henry and Robert. The Richard, son of Robert, of the above concord, was very likely the son of the last-named of these four brothers. Possibly the eldest of the four required this acknowledgment from Richard upon his succession to his father's share.
  • 31. Probably Ralph, son of Jordan de Bayley. See History of Whalley, vol. ii, p. 471.
  • 32. Some account of Edith de Barton, who possessed Barton cum membris in her own right, has been given in a note to the concord No. 41 (antea, p. 26). The printed pedigrees of "de Notton" or Barton contain a serious mistake in giving Edith de Barton three sons by her husband, Gilbert de Notton. The correct descent is as follows: Edith de Barton had issue by a first husband, whose name has not been preserved, a son, John de Barton, and one daughter. Her second husband—by whom she had no issue—was Gilbert de Notton, probably a Lincolnshire man. By a former wife, however, Gilbert had three sons, William, Roger, and John called "de Bromyhurst." The eldest son, William de Notton married the daughter and heiress of Edith de Barton, by her first husband, and had issue Gilbert and Matthew, possibly also another son. The last-named Gilbert, was found to be heir to his grandmother Edith, and had livery of thirty-two oxgangs of land in Barton cum membris, and Worsley, by writ dated 26th January, 1222 (Fine Roll, 6 Henry III. m. 7). In the original entry he is styled "Gilbertus nepos et hæres Edithæ de Barton." That nepos here means grandson is proved by the following entry in the Close Roll,—"The King to the Sheriff of Lancaster, greeting. Our beloved and faithful Robert Gresle has shewn unto us, that whereas Edith, formerly wife of Gilebert de Noctun held of him the fee of one Knight and a half in Bartun, whereof the ancestors of Robert always used and ought to have wardship with the heirs being under age after the death of their ancestors, and whereas he who is now heir, being under age, to wit son of the daughter of the said Edith, ought to be in ward to him with his inheritance, and for that reason he (Robert) had seised that inheritance into his hands, as that which ought to be held of him in chief by military service, now you without authority of our precept have disseised Robert of the said fee of one Knight and a half, causing him loss to the amount of forty marks of the chattels which you have there seised." The Sheriff was accordingly ordered to immediately put him in seisin and to restore his chattels. If he did not do so, he was to come to Westminster on the morrow of St. Martin to show cause why he did not execute this precept. This writ bears date at Westminster, 16th October, 1220 (Close Roll, 4 Henry III., m. 1, in dorso). Additional proof of this corrected descent is found in a charter, by which Edith de Barton, with the approval of her husband Sir Gilbert de Notton, and for the health of their souls, and of the soul of her son, John de Barton, and of her daughter, to wit the wife of William de Notton, gave to the monks of the blessed place of Stanlaw in frankalmoign, the land of Cadewalisset [Cadishead, in the township of Barton]. The date lies before 5th July, 1213, when Henry de Longchamps was dead. Jordan, Dean of Manchester, under the style of "Jordanus de sancta Maria" was also a witness (Whalley Coucher, p. 521). Sir Gilbert de Notton assumed the name of Barton upon inheriting his grandmother's estates. His first wife is said to have been Margery, daughter of Hugh de Eland, of Eland, county York. If so, the Henry, son of Margery, who put in his claim according to the endorsement on this concord, was probably her son. His second wife was Cecilia, possibly daughter of Jorwerth de Hulton, to whom Paulinus de West-Houghton gave the third part of that vill in fee, an estate afterwards found in the possession of Gilbert's son, John de Barton (Whalley Coucher, pp. 59, 881). It is not easy to interpret the meaning of this concord. I can only suggest that Christiana was in some way connected by blood with Edith de Barton. She married . . . de Allerton, and had a son, Richard, who in 1246, together with John de Blackburn and Henry de Whalley, obtained licence to concord with Thomas Grelley, and make acknowledgment that they had no right of chase in Thomas' forest [of Horwich] (Assize Roll, No. 404, m. 8). The early references to Allerton, near Liverpool, are somewhat scarce, and do not assist in the identification of this family. (See No. 59, temp. John, and No. 98 postea, also Mamcestre, p. 353).
  • 33. Perhaps Whittle-le-Woods.
  • 34. Harwood, a township in the parish of Bolton-le-Moors. Cf., No. 13, 11 Henry III., supra. Roger de Samlesbury and Alexander de Harwood held one carucate here of Robert Grelley in 1212. (Testa, ii., f. 822). They owed suit to the three weeks' Court at Manchester, as Judges for the moieties of Harwood respectively (Mamcestre, p. 333). Since 1212, William de Samlesbury had succeeded Roger, his father; and in like manner John de Harwood had succeeded Alexander.
  • 35. The interpretation of this concord appears to be, that a jury had made a recognition before the Justices of Assize, as to whether Richard de Allerton, father of Robert, had been seised in his demesne of twelve oxgangs of land in Allerton, which Geoffrey de Chetham and Margaret, his wife, hold. They had called Thomas Grelley to warrant their title, which he did, and the parties had thereupon made concord. Probably Robert de Allerton held the other moiety of the vill. There would seem to have been some complicated feoffments of this estate, which appears to have been included, in 1212, in Richard de Lathom's fee of Childwall cum membris; but, if so, the service or probably the suit to County and Wapentake Courts for Allerton had been withdrawn some time previous to 1209. In that year, Robert Grelley instituted a suit against Richard de Lathom to enforce the performance of suit of court, but concord was made by Richard releasing his tenement in Allerton to Grelley. (Final Concord, No. 59, temp. John, supra). In later years, Allerton was included in the half knight's fee in Childwall, which the lords of Manchester held there in demesne. Cf., No. 93, supra.
  • 36. This is a Leicestershire Final Concord, relating to Kegworth. It has been filed in the Lancashire series by mistake.
  • 37. William de Singleton, son and heir of Alau de Singleton, had livery of his father's estate, by writ dated 18th December 1244. (Fine Roll, 29 Henry III., m. 15). By this concord he agreed to assign to Alice, the widow (apparently his step-mother), two carucates in Thornton in Amounderness, and the third part of his fishery in the river Wyre, as her dower. At Lancaster Assizes, Michaelmas, 1246, she gave half a mark for licence to make further concord respecting this agreement. (Assize Roll, No. 404, m. 5).
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