Plea Rolls for Staffordshire: 12 Edward III

Staffordshire Historical Collections, Vol. 11. Originally published by Staffordshire Record Society, London, 1890.

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'Plea Rolls for Staffordshire: 12 Edward III', in Staffordshire Historical Collections, Vol. 11, (London, 1890) pp. 80-89. British History Online https://www.british-history.ac.uk/staffs-hist-collection/vol11/pp80-89 [accessed 20 April 2024]

In this section

De Banco. Easter, 12 E. III. Apud Ebor.

Staff. Richard, son of Richard Alsopp, and Margaret, his wife, appeared by attorney against Richard de Okovere, of Shene, in a plea that he should warrant to them half of four acres in Alsopp, in co. Derby, which Agnes, sister of Matilda, wife of Henry son of Thomas del Bothe claimed against them. The defendants did not appear, and the Sheriff was ordered to take into the King's hand land belonging to them to the value of the tenements claimed, and as the value was not known, the Sheriff of co. Derby was ordered to appraise it on the oath of honest men and to send the extent into Court at the Octaves of Trinity. m. 1.

Staff. Alice, formerly wife of Robert le Rotour of Stafford sued Ralph Basset of Chedle and Joan his wife for a third of a messuage and sixty acres of land, eight acres of meadow and 5s., of rent in Dulverne as her dower. Ralph and Joan appeared by attorney and prayed a view, and the suit was adjourned to the Morrow of St. John the Baptist. m. 90.

Staff. The Sheriff had been commanded to take with him four discreet Knights of his county, and in propriâ personâ suâ proceed to the court of Tetenhale, and in full court there cause to be recorded the suit which was before the court by the King's lesser writ of right, between Roger, son of Roger atte Blakeleye, near Wrottesleye, plaintiff, and Walter, son of John de Perton, tenant of a messuage, sixteen acres of land, and an acre of meadow in Tetenhale, and to return the record under his seal into Court at this term, and to summon the parties for the same date. And the said Walter appeared by attorney but Roger did not appear, and the Sheriff now returned that he had gone in person to the said court and had taken with him four discreet and lawful Knights, and the suitors (sectatores) of the court had refused to make a record. He was therefore ordered as before to proceed to the court and return the record at the Quindene of Trinity, and because the Sheriff, Simon de Ruggeleye, made no mention in his return that he had summoned the parties, he is in misericordiâ and was fined half a mark. m. 157.

Staff. Robert de Ferrars sued Matilda, formerly wife of Robert de Holand, for the manor of Yoxhale as his right and inheritance, and in which the said Matilda had no entry except through Thomas, formerly Earl of Lancaster, to whom Edmund, formerly Earl of Lancaster, had demised it, and who had intruded himself into it after the death of Margaret, formerly wife of William de Ferrars, who held it in dower of the gift of William, her husband, the great grandfather of the said Robert, whose heir he is; and he stated that the said William was seised of the manor in his demesne as of fee, in the reign of King Henry, the King's great grandfather, and from the said William the right descended to Robert, his son and heir, and from Robert to John, as his son and heir, and from John to the plaintiff Robert, as son and heir, and he produced his proofs.

Matilda appeared by attorney, and pleaded she did not hold the entire manor because one Robert de Haselyndene, held a messuage and twelve acres of land of it, and as Robert could not deny this the suit was dismissed. m. 167.

Staff. Henry de Teddesleye sued John de Freford and Robert, his son, for an illegal distress in taking one of his colts. The defendants did not appear, and the Sheriff was ordered to distrain and produce them at the Quindene of Michaelmas, m. 174.

Staff. In the suit of Richard, son of John de Mulewych against Ralph, son of John de Grendon, the Sheriff returned that Ralph held no lands or tenements within his bailiwick, which could be taken into the King's hand, and it was testified that, at the date of the writ, viz., in E. III, when Richard called him to warranty, he held lands and tenements in Gayton and in Aston, near Stone. The Sheriff was therefore ordered as before to take land belonging to Ralph of the value of the tenements in dispute, into the King's hand, and to summon the parties for the Quindene of St. Michael, but the attorney of the said Richard was told that he must prosecute the suit at his own peril, "quod sequatur suo periculo." m. 174, dorso.

Staff. Richard de Blythfeld sued Robert de Luttlehay, of Colton, for causing waste and destruction in his houses and woods in Colton, which he had demised to him for the life of Robert, and he stated that he had demised to the said Robert for his life the fourth part of the manor of Colton, and he had caused waste and destruction by pulling down a sheep fold ("bercariam") worth 20s., a piggery worth 20s., and by cutting down and selling 100 oak trees each worth 3s., 60 arabes each worth 18d., and 18 apple trees worth each 2s. The Sheriff was therefore ordered to proceed in person to the said houses and woods and make inquisition on oath respecting the alleged damage, and to return the Inquisition into Court on the Octaves of St. John the Baptist. A postscript states that the Sheriff returned the inquisition at the Quindene of Michaelmas, and it found that the said Robert had caused waste by destroying an ox stall ("boveriam") worth half a mark, and by selling 61 oak trees each .worth 15d. four arabes each worth 4d., eighteen pear trees each worth 4d. It was therefore considered that the said Richard should recover seisin of the said tenements by view of the Jury who had made the inquisition and triple damages according to the Statute, viz., £13 16s. 2d.

Staff. Benedicta, formerly wife of John de Chauldon, not appearing to prosecute her plea against William, son of William de Bromleye, and Joan, his wife, for a messuage and two carucates of land in Bukkenhale near Fenton, the suit was dismissed. m. 245.

Staff. In the suit in which Geoffrey Biroun called John Bagot, Chivaler, to warrant to him land in Bidulf which Isabella, formerly wife of William de Chetwynde claimed as dower, John again made default, and it was therefore considered that the said Isabella should recover against Geoffrey, and that Geoffrey should be compensated by the said John Bagot. m. 245, dorso.

Staff. Thomas de Wenge sued John de Wethales, of Fraunkeville, for a debt of 15 marks. John did not appear and the Sheriff was ordered to attach him for the Octaves of Michaelmas. m. 254.

Staff. John de Tunstall appeared by attorney against Stephen, son of Adam de Brokholes, in a plea that he should carry out a covenant made between him and Adam, son of Stephen de Brokhole, the father of the said Stephen, whose heir he is, respecting seven acres of land in Bagotes Bromlegh. Stephen did not appear, and the Sheriff was ordered to attach him for the Octaves of St. Michael. m. 262, dorso.

Derb. Hugh de Gunston (fn. 1) appeared by attorney against John de Covene and Lettiee his wife for causing waste and destruction in his houses in Bancwell which he had demised to the said John and Lettice for the life of Lettice. The defendants did not appear, and the Sheriff was ordered to distrain and produce them at the Octaves of St. Michael. m. 262, dorso.

Staff. William de Merynton, the King's attorney, appeared against the Archbishop of Dublin, the Dean of the Church of St. Michael of Pencriz, in a plea that he should permit the King to present a fit person to the prebend of Dunston in the said Church. The Archbishop did not appear, and the Sheriff was ordered to distrain, and returned he held nothing, because all his lands and tenements were in the King's hand, the King is therefore to recover the said presentation. m. 276, dorso.

Derb. Walter de Rydeware and Joan his wife, Ralph de Shirleye and Margaret his wife, Thomas de Swonland and Elizabeth his wife, William Pygot and Isabella his wife, and Gracio le Palmere of Sondon and Juliana his wife recover £100 damages against the Bailiffs of Queen Philippa in High Peak for not recording the suit which was in the Queen's Court of the High Peak, by the King's writ of right between Dionisia, formerly wife of Thomas le Couners, plaintiff, and the said Walter and the others, tenants of seven messuages, three bovates of land, etc., in Castelton, and which they had been ordered to record and return into Banco. The Bailiffs were also to be apprehended for contempt of Court. m. 279.

Staff. Roes, formerly wife of Thomas de Eyton, sued Walter de Beysyn for a third of sixteen messuages, three carucates of land, ten acres of meadow, six acres of wood, twenty acres of marsh, and 60s. of rent, and the third of two parts of a third part of a mill in Assheleye, and the third of two parts of the advowson of the Church of Assheleye as her dower, of the dotation of Thomas, formerly her husband. Walter appeared by attorney, and pleaded that she ought not to have dower, for when she and her husband Thomas were living at Hegh Ercalewe, in co. Salop, she had gone away "se elongavit" with a certain William de Banbury, Chaplain, to Salop, and there lived with him in adultery, and had never been reconciled with her husband during his life time. Roes denied the accusation and appealed to a jury, which is to be summoned for the Octaves of St. John the Baptist. m. 285.

Staff. William de Sutton, of Warrewyk, and Margaret, his wife, sued Christiana, formerly wife of Roger de Okovere, for a third of the manor of Okovere, (Okeover) in Okovere, Matherfeld, Casterne, and Hum, excepting five messuages, a carucate, and 100 acres of land, and four acres of meadow in the said manor, and she sued Richard de Ocovere for a third of a messuage, a carucate of land, and two acres of meadow in the same vills, and she sued Richard de Methford, Parson of the Church of Blore, for a third of a messuage, twenty acres of land, and an acre of meadow in the same vill of Okovere, and she sued Alice le Budeles for a third of a messuage, twenty acres of land, and half an acre of meadow in the same vill, and she sued John de Snelleston for a third of a messuage, forty acres of land, and of an acre of meadow in the same vill, and she sued William, son of Alice le Budeles for a third of a messuage, twenty acres of land, and half an acre of meadow in the same vill, as the dower of Margaret, of the dotation of John de Ocovere, her former husband. The defendants appeared by attorney, and Richard, as regarded the dower claimed against him, called to warranty Richard, son of Robert de Ocovere, and Christiana and the other defendants, for the dower claimed against them, severally called to warranty William the Parson of the Church of Enefeld, who are to be summoned for the Octaves of St. John the Baptist. Richard to be summoned in co. Stafford, and William the Parson in co. Derby. m. 298.

Staff. Felicia de Holdich, who is of full age, sued Robert Benthales and Eva, his wife, (fn. 2) for a mill, three acres of land, and three acres of meadow in Knottun, which she had demised to the said Eva when she was under age, and she stated she had been seised of the the tenements in demense as of fee in the reign of Edward, the King's father. Robert and Eva pleaded that they held the tenements conjointly with James, the son of Eva. Felicia replied that at the date of the writ, viz., 12 Sept. 10 E. III, Robert and Eva were sole tenants of the tenements, and appealed to a jury, which is to be summoned for a month from Michaelmas. A postscript states at that date the Sheriff made no return, and the suit was adjourned to Hillary term. m. 298.

Staff. Joan, formerly wife of Alan de Audeleye, sued Petronilla, formerly wife of William Sherard, for a third of 15s. of rent in Grendon, which she claimed as dower. Petronilla did not appear, and the Sheriff was ordered to take the dower claimed into the King's hand, and to summon her for the Octaves of St. John the Baptist. m. 300, dorso.

De Banco. Trinity, 12 E. III. Apud Ebor.

Derb. Elizabeth, formerly wife of John de Ipstanes, Chivaler, sued Robert Mold, of Twyford for a third of eight messuages and eight bovates of land in Steynyston and Twyford as her dower. Robert called to warranty John, son and heir of John de Ippestanes, who is to be summoned for the Quindene of St. Michael, the summons to be made in co. Stafford. m. 59.

Staff. The suit between John de Myners, plaintiff, and Robert de Ferrars, kinsman and heir of Robert de Ferrars fer a debt of 200 marks, is made a remanet, the said Robert being in Scotland in the King's service, and having letters of protection till Christmas, m. 83.

Staff. Warw. Isabella, formerly wife of Robert de Stepelton, sued William le Deystere, of Bermyngeham, Chaplain, in a plea that he should warrant to her the manor of Great Barre, in co. Stafford, excepting two mills, six acres of land, and the advowson of the Church of Alrewych in the same manor, which Thomas, son of William de Morteyn claimed as his right, and the Sheriffs returned that the writs reached them too late. They are therefore ordered as before, and to summon him for the Octaves of St. Martin. m. 139.

Staff. Nicholas de Ambryghton recovers four acres of land and an acre of meadow in Lee, near Drengeton (Drineton) in a plea against Robert le Hunte, of Uttokeshather and Felice, his wife, the defendants making default. m. 162.

Staff. Malcolm de Wasteneys sued John Bagot in a plea that he should acquit him of the service which Thomas de Wasteneys exacted from him for the freehold he held of the said John in Colton, and of which John was mesne tenant between them and ought to acquit him. John did not appear, and the Sheriff was ordered to attach him for the Octaves of Michaelmas. m. 222.

Staff. Alan, son of Philip, and Stephen Sweteman were attached to answer the complaint of Richard de Thickenalre that they had taken and impounded the cattle of his plough at Thickenalre, viz., five oxen, in 10 E. III, against the Statute. Alan and Stephen appeared by their attorney, and denied any injury to the plaintiff, and appealed to a jury, which is to be summoned for three weeks from Michaelmas, m. 267.

Staff. Joan, daughter of John le Fremon, of Hyntes, sued Richard de Blithefeld (whom Alice, daughter of Richard le Clerk of Hyntes, and Thomas, son of Alice had called to warranty and who warranted to them), a messuage, forty-four acres of land, and six acres of meadow in Hyntes, which William de Hyntes, Chaplain, had given to John le Fremon, of Hyntes, and Cecily his wife and the heirs of their bodies, and which after the death of John and Cecily should descend to her as daughter and heir of John and Cecily. Richard appeared by attorney, and denied that the tenements had been given as stated by Joan, and appealed to a jury, which is to be summoned for the Quindene of St. Martin, m. 272, dorso.

Staff. Roger Wryde, of Stafford, sued Thomas, son of William de Wolseleye, and Alexander de Brerdon for a debt of £20 15s. The defendants did not appear, and the Sheriff was ordered to distrain and produce them at the Quindene of St. Michael, m. 262, dorso.

Staff. Christiana, formerly wife of Walter le Somervylle, of Ruggele, sued John de Morton, of Lychefeld, for a third of three acres of land in Lichfeld, and she sued Reginald le Carter, of Lichefeld, for a third of three acres of land in the same vill, as her dower.

John and Reginald appeared by John de Gresbrok, their attorney, and prayed a view, and the suit was adjourned to the Quindene of St. Michael. m. 185, dorso.

Staff. Andrea, formerly wife of John de Otherton, by John de Gresbrok, her attorney, sued Nicholas, son of Robert Gilberd, of Hatherdon, for four acres of land in Otherton, and she sued John del Buchenie and Robert, his son, for three acres, and William Parys for the moiety of a toft in the same vill. The defendants did not appear, and the Sheriff was ordered to take the tenements into the King's hand, and to summon them for the Morrow of St. Martin, m. 120, dorso.

Staff. In the suit of Roger, son of Eoger atte Blakeleye, near Wrottesleye, plaintiff, against Walter, son of John de Perton, tenant of a messuage and sixteen acres of land and an acre of meadow in Tetenhale, which was ordered to be recorded by a writ of right, and produced in Court at this term: the Sheriff now returned that he had taken with him four discreet and legal Knights of his bailiwick, and in his own person had proceeded to the King's court at Tetenhale, and the suitors (sectatores) of the Court had refused to make the record, but that nevertheless he had summoned the parties to the suit to appear in this Court at this term, viz., at the Quindene of Trinity, and Walter now appeared by attorney, but Roger did not appear, and was plaintiff. It was therefore considered that the suit should be dismissed, and the Bailiffs of the said Court were ordered in the event of any attempt being made to injure the said Walter, he should without delay cause the said Walter to be restored and compensated "restaurari et emendari," and make a return to this Court on the Octaves of St. Michael, m. 59, dorso.

Staff. Thomas, son of Thomas Scot, of Kyngesbromleye, sued Richard Alisaundre, of Hondesacre, for ten acres of moor in Kyngesbromleye, which Simon Scot, of Kyngesbromleye, had given to Thomas, son of Simon Scot, and Margaret his wife, and the heirs of their bodies, and which after the deaths of Thomas, son of Simon and of Margaret, should descend to him as his son and heir.

Richard appeared and stated he could not deny the above statement of claim, and it was therefore considered that Thomas should recover seisin of the tenements, m. 57, dorso.

De Banco. Michaelmas. 12 E. III. Apud Ebor.

Staff. Ralph de Stafford, Chivaler, sued Isabella Peverel for twelve messuages, two carucates and twelve virgates of land, twelve acres of wood, and 10 marks of rent in Great Wolford by a writ of formedon ("de formâ donationis.") Isabella appeared by attorney, and prayed a view, and the suit was adjourned to the Quindene of Hillary. m. 70.

Staff. Agnes, formerly wife of William de Bagenholt, sued William Benet, of Boturdon, and Thomas Williameserjant Benet (sic), for illegally detaining her ox. The defendants did not appear, and the Sheriff was ordered to attach them for the Quindene of Hillary. m. 144, dorso.

Staff. Proceedings of an assize taken at Stafford before William de Shareshull and Roger Hillary, on the Saturday after the Feast of St. Matthew, 12 E. III., to make recognition if Thomas le Rous, Chivaler, Godewyne le Taillour, and John Williames, had unjustly disseised Alice L'Archer of a moiety of the manor of Walsale. Thomas le Rous, after a number of technical pleas, stated that a part of the half manor claimed was formerly in seisin of his mother Margery la Rous, and he had entered as her son and heir. And as regarded the residue he produced a deed by which Alice under the name of Alice, formerly wife of Nicholas L'Archer had released and quit-claimed to him and to his heirs all her right and claim, dated from Coventry, 16 E. II. Alice stated that her mother had enfeoffed her in the half manor, and she had been seised of it till removed by Thomas and the other defendants, and she denied that the deed was her act. The Sheriffs of Warwickshire and Staffordshire were therefore ordered to summon the witnesses of the deed for the Quindene of St. Martin, viz., William Basset and Nicholas Crumpe, to be summoned by the Sheriffs of Warwickshire, and John de Bentele, William de Boweles, and William de Darlaston, by the Sheriff of Staffordshire. A postscript states that on that day Alice appeared in Court, but Thomas le Rous did not appear, and it was ordered that the assize should be taken in his absence, and the record was remitted to the said Justices to take the assize in the county, m. 149.

Warw. (sic.) John, son of Richard de Pirye, appeared against John, son of Richard de Barre, in a plea that he should carry out a covenant made between them respecting the manor of Little Barre. The defendant did not appear, and the Sheriff was ordered to attach him for the Quindene of Hillary. m. 159.

Staff. William, son of Henry .atte Mulne, of Wyghtwyk, and Alice, his wife, sued Thomas, son of William de Lee, for two parts of a messuage and half a virgate of land in Swyndon, and they sued Joan, formerly wife of William de Lee, for a third of a messuage and half a virgate of land in the same vill, as the right of the said Alice. The defendants appeared by attorney, and prayed a view, and the suit was adjourned to the Octaves of Hillary. m. 206.

Staff. William, son of Thomas de Northwode, not appearing to prosecute his suit against Roger, son of Nicholas de Trescote, of Wolverhampton, for a messuage, four acres of land, an acre of meadow, an acre of pasture, and half a mill in Cumpton, which he had claimed as his right in the King's Court of Tetenhale, by writ of right according to the custom of the manor, the suit was dismissed, m. 206, dorso.

Staff. William de Bromshulf sued Richard, son of Henry de Bromshulf, and Agnes, sister of Richard, for six acres of land and half an acre of meadow in Gretewych as his right. The defendants did not appear, and the Sheriff was ordered to take the tenements into the King's hand, and to summon them for the Quindene of Hillary. m. 231.

Staff. William de Bromshulf and Alice, his wife, sued William, son of Robert Above the way for the third of a messuage and virgate of land in Dunston as the dower of Alice. The defendants did not appear, and the Sheriff was ordered to take the dower claimed into the King's hand, and to summon him for (no date named), m. 234, dorso.

Staff. Margaret, formerly wife of Henry, son of Adam le Mulward, of Boterdon, sued Ralph, son of John Richard, of Grendon, for a toft and four acres of land in Boterdon, as her right under a feoffment made to her and to her husband by John, son of William Poutrel, of Waterfal, and in which the said Ralph had no entry except by William le Reve, to whom her husband had demised it, and to which she could not object during his lifetime. Ralph stated he entered by the said William under the name of William Loveles, of Grendon, and called him to warranty. He is therefore to be summoned for the Octaves of the Purification. A postscript states that at that date the Sheriff sent no return, and he was ordered to summon the said William for the Octaves of St. John the Baptist, m. 239.

Staff. Leo de Perton sued William, son of William de Pyletenhale, John de Levynton, John de Fulford, and Ralph, his brother, and others named, for forcibly reaping and carrying away his growing crops at Wyghtwyk to the value of £10. None of the defendants appeared, and the Sheriff returned certain sums into Court as proceeds of distraints made against them. He was therefore ordered to distrain again, and to arrest John de Fulford and Ralph, who could not be found, and to produce them at the Quindene of Hillary. m. 247.

Staff. John le Porter, of Caldelowe, sued John, son of Adam de Beresford, for a debt of £10. The defendant did not appear, and the Sheriff was ordered to attach him for the Octaves of the Purification. m. 251.

Staff. Robert Mold, of Twyford, sued John, son of John de Ipestanes, in a plea that he should warrant to him the third part of eight messuages and eight bovates of land in Steynyston and Twyford, in co. Derby, which Elizabeth, formerly wife of John de Ipestanes, Chivaler, claimed as dower. John did not appear, and the Sheriff of Staffordshire was ordered to summon him for the Quindene of Hillary. m. 267.

Staff. Hugh de Bedenhale sued William, son of William atte Ashe, of Bedenhale, for twelve acres of land in Bedenhale (Bednall), which Richard de Stretton had given to Nicholas de Bedenhale and Lettice, his wife, and heirs of their bodies, and which after their deaths should descend to him as their son and heir. William appeared by his custos, William de Whytynton, who stated that William atte Ashe, father of the said William, died seised of the tenement in demesne as of fee and he had entered as son and heir, and as he was under age, it was considered that the suit should remain till his full age. m. 304.

Staff. Henry Coppe, of Haunton, sued Agnes, formerly wife of John de Halsey, of Longedon, for a messuage, an acre and a half of land, and an acre of meadow in Haunton as his right and inheritance, and in which the said Agnes had no entry except through Ralph de Elleford, to whom Ralph Coppe, his grandfather, had demised it when he was "non compos mentis sue," and he stated that the said Ralph held the tenement, temp. E. I, and from him the right descended to one William as son and heir, and from William to Henry, who now sues. Agnes appeared by attorney and denied that the said Ralph was out of his mind when he made the demise, and appealed to a jury, which is to be summoned for the Quindene of Hillary. m. 310.

Staff. Henry Coppe, of Haunton, sued Matilda, formerly wife of Richard de Vernoun, of Haunton, for a messuage and a virgate of land in Haunton as his right and inheritance, and in which she had no entry, except by a demise which Ralph Coppe, his grandfather, had made to Thomas de Wymyndham, when the said Ralph was out of his mind. Matilda called to warranty Simon de Norton, who appeared by attorney and warranted the tenement to her, and called to warranty Richard, son of William de Vernoun, Chivaler, kinsman and heir of Richard de Vernoun the younger, who was under age. As Henry could not deny this, it was ordered that the suit should remain till the full age of the said Richard. m. 330.

Staff. Thomas, son of William de Morteyn, sued Philip de Stepelton for two mills in Great Barre, and he sued Richard le Chaumberleyn for six acres in the same vill, as his right, etc. Philip called to warranty Robert de Stepelton, kinsman and heir of Robert de Stepelton, Knight, and Richard called to warranty Isabella, formerly wife of Robert de Stepelton. The Sheriff was therefore ordered to summon them for a month from Easter. Isabella to be summoned in co. Stafford, and Robert in co. Salop, m. 388.

Staff. William de Snede, of Newcastle-under-Lyme, appeared by attorney against John Macheugh, of Chelle, in a plea that he should render a reasonable account for the time he was the receiver of the moneys of the said William. John did not appear, and the Sheriff returned he held nothing by which he could be attached. He was therefore ordered to arrest and produce him at the Quindene of Hillary. A postscript states that at that date the Sheriff made no return, and he was ordered to produce him at three weeks from Easter, m. 393.

Staff. John de Houton appeared by attorney against Hugh, son of Henry, son of John de Aston, in a plea that he should render a reasonable account for the time he was his Bailiff in Aston, near Stone. Hugh did not appear, and the Sheriff was ordered to attach him for the Quindene of Hillary. m. 398, dorso.

Essex, Staff. John de Alveton and Nicholaa, his wife, appeared by attorney against Hugh, son of Hugh le Blount, kinsman and heir of Hugh le Blount, in a plea that he should warrant to them the manor of Jeng wiberd Laundry, in co. Essex, which John, son of John de Weston, claimed against them, and he had been summoned both in co. Essex and in co. Stafford, and had not appeared. The Sheriff was therefore ordered to take into the King's hands land belonging to the said Hugh to the value of the manor claimed, and to summon him for a month from Easter, m. 432, dorso.

Assizes taken at Wolvernehampton before William de Shareshull and other Justices on the Monday the Feast of St. Thomas the Apostle. 12 E. III. (21 Dec., 1338.)

Staff. An assize, etc., if John, son of Richard de Oldynton, and Joan, his wife, and Richard de Beckebury had unjustly disseised Thomas, son of Richard de Oldynton, of a messuage and a carucate of land, four acres of meadow, and two acres of wood in Oldynton, near Patleshull. John answered as tenant, and stated that the tenements in question were formerly in seisin of one Richard de Beckebury, father of the plaintiff Thomas, and whose heir he is, and who was known by the names of Richard de Oldynton and Richard de Beckebury indifferently (qui cognoscebatur per nomen Ricardi de Beckebury et Ricardi de Oldynton indifferente), and the said Richard had granted the tenements to him by deed, dated 9 E. III, under the name of John, son of Richard de Beckebury, to be held by him and heirs of his body, and with a clause of warranty, and he produced the deed, and he prayed for judgment whether an assize would lie. Thomas did not deny the deed, but stated that his father, Richard, died seised of the tenements, and he had entered into them as heir of his father, and had been seised of them, until the said John and the other defendants had unjustly disseised him of them.

John denied that the said Richard, the father, died seised of the tenements, and appealed to a jury, which found that the said Richard, the father of Thomas, had enfeoffed the said John before his death, and that he did not die seised of the tenements. The suit was therefore dismissed. m. 3

Staff. An assize, etc., if William, son of Hugh de Wrottesleye, (fn. 3) Thomas Crey, Richard de Ovyoteshay, Thomas, his son, Ralph de Fulford, and John, his brother, had unjustly disseised Walter, son of John de Perton, of thirty acres of land, two acres of meadow, three acres of wood, and four acres of pasture in Tetenhale.

William appeared by William de Hampton, his attorney, who also answered for the others as their bailiff, and denied the disseisin, and stated that the tenements were a parcel of the manor of Tetenhale, which is of ancient demesne of the Crown, and in which no writ would run, but the lesser writ of right, and he prayed for judgment on this point.

Walter did not deny that the manor of Tetenhale was of ancient demesne of the Crown, nor that the tenements were a parcel of the manor, but he pleaded that the said tenements, in the reign of Edward I, formed part of the demesne lands of the manor, in the hand of the King, and not of inferior tenure in the hands of the tenants, and thus the tenements were a free fee and sueable at common law. William denied this and appealed to a jury, which found that the tenements in question were in seisin of King Edward, the grandfather of the present King, as part of his demesne lands of the said manor, and not of inferior tenure, and they stated that the said William and Thomas Crey had unjustly disseised the said Walter of them, and they assessed his damages at 40s., and they said that the other defendants took no part in the disseisin. Walter is therefore to recover seisin, but is in misericordiâ for a false claim against the others. m. 3.

Staff. An assize, etc., if William de Neuport, the father of Agnes, wife of Roger le Barber, of Bermyngeham, was seised in demesne as of fee of 15s. of rent in Little Barre when he died, and if John de Barre, senior, and Ralph le Walkere had unjustly disseised the plaintiffs of it.

Roger and Agnes appeared by John de Gresbrok, their attorney, and John de Barre also appeared, but the assize was adjourned to Lichfield, because none of the recognitors appeared. m. 3.

Staff. An assize, etc., if Ralph Basset, of Drayton, Chivaler, Thomas le Rous, Chivaler, Godwin le Taillour, and John Williames had unjustly disseised Alice L'Archer of a moiety of the manor of Walsale.

Ralph and Thomas appeared, and one Richard Hod, answered for the other defendants as their bailiff and denied the disseisin, and appealed to a jury, and the said Ralph answered as tenant of the moiety, and called to warranty the said Thomas, who was present in Court and warranted it to him, and the said Thomas as tenant by his warranty stated that as regarded six acres of the said moiety he had entered by the feoffment of Roger de Morteyn, and other portions he held by the feoffment of Thomas Filot, Simon Lyon, John Edward, Adam Trout, Richard Twenebrok, Nicholas Dyke, John Leverych, Richard Paynel, senior, William le Parkere, and the Abbot of Halys, and he denied that as regarded these portions the said Alice had suffered any injury, and as regarded the rest of the half manor—he pleaded that an assize would not lie because on the Quindene of St. Martin, in 19 E. I, a fine had been levied between Philip Burnel, complainant, and John Paynel and Margaret, his wife, mother of the said Alice, the plaintiff, deforciants, of the manor of Walshale, by which the said John and Margaret acknowledged the manor to belong to the said Philip, and for which the said Philip conceded the said manor to John and Margaret, to be held by them for the life of Margaret and after her death to remain to him, the said Thomas, and his issue, and if he died without issue, to revert to the said Philip and his heirs for ever, and the said Margaret was now dead, and after her death, he had entered into the manor, by virtue of the said fine, and the said Alice, claiming the tenements by hereditary right, had intruded into the said moiety of the manor, and he had recently removed her from it as was lawful. Alice did not deny that a fine had been levied as stated by Thomas, but said that long before it had been levied, the said Margaret, her mother, had been seised of the said moiety, in demesne as of fee, and whilst a femme sole, had enfeoffed her in it, to be held by her and her heirs for ever, by virtue of which feoffment she was seised of the said moiety until the said Ralph Basset and the other defendants had unjustly disseised her. Thomas replied that Alice had never been in seisin of the moiety before the date of the fine and appealed to a jury, which found that the said Margaret had been seised of the said moiety, in demesne as of fee, long before the said fine was levied, and whilst sola had enfeoffed the said Alice of it, and the said Alice was in seisin of it, by virtue of the said feoffment until the said Godewine and John Williames, long before the fine had been levied, had unjustly disseised her, and they assessed her damages at £100, and they stated that the said Ralph and Thomas took no part in the disseisin. Alice is therefore to recover seisin, and the said Ralph is to have the value of the moiety of the Manor out of the lands of the said Thomas. Alice afterwards remitted her claim for damages. m. 3, dorso.

Footnotes

  • 1. The Plaintiff was of Gunston, near Chillington, and I think was Hugh Giffard, son of Sir Peter Giffard, for Peter Giffard held Gunston, temp. E. II, and had a son named Hugh.
  • 2. See note, p. 49.
  • 3. This Hugh de Wrottesley was a younger brother of William de Wrottesley, who died in 1313, and must not be confounded with Hugh de Wrottesley, the head of the family at this date. (Deeds at Wrottesley.)