Lancashire Fines: 30-39 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: 30-39 Henry III', in Final Concords For Lancashire, Part 1, 1189-1307, ed. William Farrer (Edinburgh, 1899), British History Online https://prod.british-history.ac.uk/lancs-final-concords/vol1/pp93-118 [accessed 2 April 2025].

'Lancashire Fines: 30-39 Henry III', in Final Concords For Lancashire, Part 1, 1189-1307. Edited by William Farrer (Edinburgh, 1899), British History Online, accessed April 2, 2025, https://prod.british-history.ac.uk/lancs-final-concords/vol1/pp93-118.

"Lancashire Fines: 30-39 Henry III". Final Concords For Lancashire, Part 1, 1189-1307. Ed. William Farrer (Edinburgh, 1899), British History Online. Web. 2 April 2025. https://prod.british-history.ac.uk/lancs-final-concords/vol1/pp93-118.

30-39 Henry III

No. 101.—At Lancaster, (fn. 1) in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Thomas Grehle, plaintiff, and Gilbert de Barton, deforciant of the customs and services which Thomas claimed from Gilbert of the free tenement which he held of Thomas in Barton; (fn. 2) respecting which Thomas claimed from Gilbert that he should perform for the said tenement the service of one knight, and forinsec service belonging to thirteen oxgangs of land, where seventeen oxgangs make half a knight's fee, and that he should do suit of court to him at Thomas' Court of Mamecestre from three weeks to three weeks, and render to him Sakfe and Ward [of Lancaster Castle], to wit, 14s. 8d. yearly; which customs and service Gilbert did not before acknowledge.

Gilbert acknowledged that henceforth he would perform the service of one knight, and forinsec service as above, and would render to him yearly 14s. 8d. for Ward of Lancaster Castle at the Nativity of St. John the Baptist; and would do Sakfe to him, and in like manner suit of the said Thomas' Court of Mamecestre from three weeks to three weeks, provided also that if there should be any plea there by the king's writ, that he would do suit from fortnight to fortnight, so long as that plea should be there, according to the custom of the said Court of Mamecestre, for all service and demand. Afterwards Gilbert granted for himself and his heirs that he would not in the future grant, sell, mortgage or alienate the said tenement, or any part thereof without the licence and approval of the said Thomas or his heirs, for which Thomas remitted all arrears of the said services, and all losses which he said he had sustained thereby, until the day upon which this concord was made.

No. 102.—At Westminster, on the Octave of Holy Trinity, 30 Henry III. [10th June, 1246].

Between Margery, Countess of Kent, plaintiff, by James de Walingham put in her place, and Geoffrey, Abbot of Croxton, deforciant, by brother Roger de Sexteneby, his canon, put in his place, respecting the advowson of the church of Melling, concerning which an assize of last presentation had been summoned between them. (fn. 3)

The Countess acknowledged the advowson of the said Church to be the right of the Abbot, and of his Church of Croxton, and quit-claimed it to him and his successors. And the Abbot granted that the Countess should present her clerk this time to the said Church of Melling, in such wise that after his death, the Abbot and his successors should for ever after present his and their clerks. This concord was made in the presence of John de Burgh, who acknowledged it, and quit-claimed all his right in the said advowson.

No. 103.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Adam, son of William, plaintiff, and Richard Banastre, tenant, of two acres of land in Bretherton.

Adam acknowledged the land to be the right of Richard. For this acknowledgment Richard gave him one acre of the said land lying against land of the said Richard on the north, to hold to him and his heirs of the chief lords of the fee in perpetuity, performing the service belonging thereto. Further Richard granted to Adam and his heirs that they should be free and quit of all manner of nativity and secular servitude for ever.

No. 104.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Eva, formerly the wife of Geoffrey Arbalaster (Balystarius), plaintiff, and John Arbalaster, tenant, of the third part of the Manors of Hakonesho [Hackensall], Preshou [Preesall], and Hamelton, which third part Eva claimed to be the reasonable dower, which belonged to her of the free tenement which formerly belonged to Geoffrey her husband, in the said Manors.

John granted to Eva the one-third part of the said Manors, and fourteen solidates of rent in Hamelton, to be received yearly from Simon de Hamelton and Robert de Shyreburn and their heirs, from the tenements which they hold of John in the said manor upon the day of the making hereof, to wit, 8s. yearly from Simon's tenement, and 6s. yearly from Robert's tenement, saving to John and his heirs homages, wardships, reliefs, escheats, and all other services to arise from the said tenements, to hold all her life in the name of dower, quit of all forinsec service. Moreover, John granted to Eva that she should have during her life one-third part of all tallages which he might hereafter take in the said Manor of Hamelton. After her decease the whole to revert to John and his heirs. For this concord Eva quit-claimed all her right in the residue of the said Geoffrey's lands and tenements. Simon and Robert were present at the making of this concord, and acknowledged that they owed the said rents.

No. 105.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Roger de Heton, plaintiff, and William de Lancastre, deforciant of a certain water corn mill in Thorfergh [Torver], respecting which Roger complained that William threw down the said mill to the injury of his free tenants in that vill. (fn. 4)

Roger and his heirs shall have liberty to erect and maintain the said mill without gainsay of William or his heirs. Afterwards William quit-claimed to Roger and his heirs all right of exacting from them or from their men in that vill any suit of his mill in Ulreston [Ulverston]. For this release Roger gave him two marks of silver.

No. 106.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Hugh Gogard, plaintiff, and Richard de Dutton, tenant, of two oxgangs of land in Dutton; and between Richard, son of Vivian, plaintiff, and the said Richard de Dutton, tenant of one oxgang of land in the same vill.

Hugh and Richard, son of Vivian, acknowledged the land to be the right of Richard de Dutton, and quit-claimed it to him. For this release he gave two marks of silver to Hugh, and one mark of silver to Richard.

No. 107.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Robert de Lathum, plaintiff, and Richard de Whittelawe, Roger his brother, and Agnes, daughter of William de Burle, whom Robert claimed to be his fugitive villeins. (fn. 5)

Robert granted to Richard, Robert and Agnes, and their heirs, that they should be free and quit of all manner of nativity and secular servitude for ever. For this quit-claim they gave Robert two marks of silver.

No. 108.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between John de Adburgham, plaintiff, and Peter de Burnhil, (fn. 6) tenant, of 200 acres of land in Adburgham [Abram].

John quit-claimed all his right in the land to Peter and his heirs, as also in all other lands and tenements which Peter held in the said vill, and in Aystone [Ashton in Makerfield], on the day of the making of this concord. For this quit-claim Peter gave John six marks of silver.

No. 109.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Robert de Samelesbiry, Adam and James his brothers plaintiffs, and William de Samelesbiry, tenant, of four oxgangs and half an oxgang and twelve acres of land in Samelesbiry, which Robert, Adam and James claimed to be the reasonable part which fell to their share of the inheritance which was Roger de Samelesbiry's, father of the said Robert, Adam, James, William and Roger their brother, whose heirs they are. (fn. 7)

Robert, Adam and James acknowledged the land to be the right of William and his heirs. For this acknowledgment he gave them ten marks of silver.

No. 110.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Geoffrey de Wytingham, plaintiff, and Richard de Wytingham and Hawise his wife, impedients of one oxgang and ten acres of land in Inskyp [Inskip, parish of St. Michael le Wyre], respecting which a plea of warranty of charter had been summoned between them.

Richard and Hawise acknowledged the land to be the right of Geoffrey, as that which Geoffrey has by their gift, to hold to him and his heirs in perpetuity rendering yearly one penny at the Assumption of the B.V.M., and performing forinsec service belonging to one oxgang of land of that fee in that town, for all service. Richard and Hawise for themselves and the heirs of Hawise will warrant the land to Geoffrey. For this grant he gave them six marks of silver.

No. 111.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Richard le Butyler, plaintiff, and Henry le Butyler, impedient of one oxgang of land and one water corn mill in Werington, respecting which a plea of warranty of charter had been summoned between them.

Henry acknowledged the land and mill to be the right of Richard, as that which he has of the gift of Henry. For this acknowledgment Richard granted the land and mill to Henry, to hold of Richard and his heirs for life, rendering yearly half a mark of silver at Easter, for all service. After the death of Henry the premises to revert to Richard and his heirs, to hold of the chief lords of the fee, in perpetuity, for one pound of cumin at the feast of St. Michael, and 4d. at Easter, for all service. This concord was made in the presence, and with the consent of William le Butyler, chief lord of that fee.

No. 112.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Robert Banastre, plaintiff, and Hamon of Polton [Poulton, parish of Warrington], and Robert, his brother, whom Robert Banastre claimed as his fugitive natives.

Robert Banastre granted to Hamon and Robert and their heirs that they should henceforth be free and quit of all manner of nativity and secular servitude. For this quit-claim they gave him two marks of silver.

No. 113.—At Lancaster, in one month from Michaelmas, 30 Henry III. [27th October, 1246].

Between William, Abbot of Furness, plaintiff, and Jordan, parson of the Church of Benetham, impedient of sixty acres of land in Stubhum, (fn. 8) respecting which a plea of warranty of charter had been summoned between them.

Jordan acknowledged the land, as well in demesnes, homages and services of free men, as in meadows, pastures, turbaries, and fisheries, to be the right of the Abbot, and of his Church of Furness, as that which they have of the gift of the said Jordan. For this acknowledgment the Abbot granted the land to Jordan, to hold of the Abbot and his successors, during his life, rendering yearly two pounds of cumin, and 26d. at three terms of the year, to wit, at the feast of St. Martin 12d., at the Nativity of our Lord two pounds of cumin, and at Pentecost 14d. for all service. After the death of Jordan, the land to revert to the Abbot and his successors, to hold of the chief lords of the fee, by the service thereto belonging.

No. 114.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Juliana, formerly the wife of Henry de Walton, (fn. 9) plaintiff, and William de Walton, deforciant, of forty acres of land in Walton, respecting which Juliana complained that William deforced her of the said land after that he had acknowledged and rendered it to her as her dower, in the Court of the King, before the former Justices in Eyre in the county.

William acknowledged the land to be her right, to wit, twenty acres between Walton meadow and Derbybrok, and twenty acres between Wudemilne and Kyrkeby, to hold all her life of William and his heirs, together with all other lands and tenements which she held in that town upon the day of the making of this concord, in the name of her dower, performing the service belonging to that tenement, which shall remain to her by this fine. After her decease the land to revert again to William.

No. 115.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between John, son of Robert, plaintiff, and William de Moles, tenant, of sixteen acres of land in Farington.

John acknowledged the land to be the right of William, to hold to him and his heirs of the chief lords of the fee, rendering the service thereto belonging. For this acknowledgment William gave John 20s. sterling.

No. 116.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Thomas, parson of the Church of Sleyteburn, plaintiff, and Adam, son of Adam de Byri, deforciant of the Manor of Bradeley [Bradley, parish of Chipping].

Adam acknowledged the Manor, as enclosed in the following bounds, to be the right of the said Thomas, to wit, from Lude [Loud brook] to Langrig [Longridge] in length, and in width from Bradelaysike to Bradelaybroke, and he quit-claimed it to Thomas in perpetuity. For this acknowledgment Thomas gave Adam three marks of silver.

No. 117.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Alan, son of Simon and Godith his wife, plaintiffs, and William, parson of the Church of Walton, tenant, of one oxgang of land in Ravenesmeles; (fn. 10) and between the said Alan and Godith, plaintiffs, and Elias, son of Henry de Ravenesmeles, and Richard, his brother, tenants of half an oxgang of land in that vill; and between the said Alan and Godith, plaintiffs, and Robert, son of Edwin, tenant, of one oxgang of land in that vill; and between the said Alan and Godith, plaintiffs, and Adam, son of Alan, tenant, of one oxgang of land in that vill.

Adam and Godith, for themselves and the heirs of Godith, quit-claimed to William, Elias, Richard, Robert and Adam and their heirs all their right in the said lands, which they claimed against them. For this quit-claim they gave Adam and Godith twelve marks of silver.

No. 118.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between William, Abbot of Furness, plaintiff, and Elias de Thorebrandhenid and Amabil, his wife, impedients of half of one oxgang of land in Oregrave, (fn. 11) respecting which a plea of warranty of charter had been summoned between them.

Elias and Amabil acknowledged the land to be the right of the Abbot, and of his Church of Furness, as that which he has of the gift of Elias and Amabil, to hold to him and his successors in frankalmoign, free and quit of all secular service; and they warranted the land to the said Abbot, who has received them and their heirs into all and singular the benefits and prayers hereafter to be made in his Church for ever.

No. 119.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Henry, Abbot of Cokersand, plaintiff, and Alice de Thorinton, impedient, of six acres of land in Wytingham, (fn. 12) concerning which a plea of warranty of charter had been summoned between them.

Alice acknowledged the land to be the right of the Abbot, and of his Church of Cokersand, as that which the predecessor of the said Abbot and his Church, had by the gift of Matilda de Thorinton, mother of the said Alice, and grandmother of Richard de Thorinton, whose heirs they are, to hold in free and perpetual alms, quit of all secular service, and the Abbot has received Alice and her heirs into all the benefits and prayers, hereafter to be made in the said Church. This concord was made in the presence, and with the consent of Richard de Thorinton.

No. 120.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between William de York, provost of Beverley, (fn. 13) and parson of the Church of Kyrkheym, plaintiff, by brother Richard de Shyngelton, put in his place, and Robert, (fn. 14) son of William de Kyrkheym, tenant of one oxgang of land and one toft in Kyrkheym; respecting which a jury had been summoned between them, as to whether the land and toft were free alms belonging to William's Church of Kyrkheym, or Robert's lay fee.

Robert acknowledged the land and toft to be the right of William and of his Church of Kyrkheym and rendered it to him and his successors. For this acknowledgment William gave him one sor sparrow-hawk.

No. 121.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Robert de Mulineus, plaintiff, and Adam de Mulineus, concerning this, that Adam should acquit Robert of the service which William le Butyler claimed from him, of the free tenement which he holds of Adam in Thorneton, to wit one carucate of land, of which Adam as mesne tenant ought to acquit Robert, and respecting which Robert complained that by Adam's default he was distrained to do suit at William le Butyler's Court at Werington, from three weeks to three weeks.

Adam granted that Robert and his heirs should henceforth hold the said land of Adam and his heirs, doing therefor forinsec service belonging to one carucate, whereof nine and a half carucates make one Knight's fee, at a scutage only, for all service, suit of court, custom and exaction. With warranty. For this acquittance Robert remitted to Adam all losses which he had incurred by reason of the said suit of court.

No. 122.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Henry de Yolton, and Mariota his wife, plaintiffs, and Roger le Fraunceys, and Ughtred Prat, tenants, of two oxgangs of land in Farleton Okesrith, respecting which an assize of mort d'ancestor had been summoned between them. (fn. 15)

Roger and Ughtred acknowledged the land to be the right of Mariota. For this acknowledgment Henry and Mariota granted to Roger and Ughtred one oxgang of this land, to wit, the oxgang which is towards the north, wheresoever it lies in the fields, to hold of Henry and Mariota, and the heirs of Mariota in perpetuity, performing the service belonging to that land. With warranty. The residue of the land to remain to Henry and Mariota, and the heirs of Mariota, quit of any claim by Roger and Ughtred and their heirs.

No. 123.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Hugh, son of William and Cecily his wife, Henry de Dunham and Hawise his wife, plaintiffs, and Hugh Querderay and Isold his wife, tenants, of the moiety of two oxgangs of land in Penelton, (fn. 16) which Henry and Cecily, and Henry and Hawise claimed to be the reasonable share belonging to Cecily and Hawise of the inheritance of Siward de Penelton, father of Cecily, Hawise and Isold, whose heirs they are.

Hugh and Cecily, Henry and Hawise quit-claimed for themselves and the heirs of Cecily and Hawise, to Hugh de Querderay and Isold, and to the heirs of Isold, all their right in the moiety of the two oxgangs. For this quit-claim Hugh and Isold gave Hugh and Cecily, Henry and Hawise 22s. sterling.

No. 124.—At Lancaster, in a month from Michaelmas, 30 Henry III. [27th October, 1246].

Between Henry, Abbot of Cokersand, plaintiff, and John de Haydoke and Agnes his wife, impedients, of forty acres of land in Hoton [Hutton, parish of Penwortham]. (fn. 17)

John and Agnes acknowledged the land to be the right of the Abbot, and of his Church of Kokersand, as that which he has by the gift of John and Agnes, to hold to him and his successors and the Church of Cokersand in free and perpetual alms, free from all secular service. With warranty. For this acknowledgment the Abbot granted to John and Agnes two oxgangs of land in Erthbury [Arbury, parish of Winwick], being all the land which the Abbot had in that town, on the day of the making of this concord, to hold to John and Agnes, and the heirs of Agnes in perpetuity, rendering yearly one penny at Easter, and performing forinsec service belonging to that land, for all service. With warranty.

No. 125.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Henry, Abbot of Cokersand, parson of the Church of Gayerstang, plaintiff, and Jordan, son of Thorfin, tenant, of one oxgang and six acres of land in Gayerstang, (fn. 18) respecting which a jury had been summoned between them, as to whether the land was free alms belonging to the said Church of Gayerstang and to the Abbot, or was the said Jordan's lay fee.

Jordan acknowledged the land to be the right of the Abbot and of his Church of Gayerstang and rendered it to him, and quit-claimed all his right to the Abbot and his successors. For this acknowledgment the Abbot gave him 30s. sterling.

No. 126.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between William de York, provost of Beverley and parson of the Church of Kyrkheym, plaintiff, by brother Richard de Shyngelton put in his place, and Alan de Neuton, tenant, of one oxgang of land in Kyrkheym (fn. 19) [Kirkham], respecting which a jury had been summoned, as to whether the land was free alms belonging to the said Church of Kyrkheym, or the said Alan's lay fee.

Alan acknowledged the land to be the right of William, and of his church of Kyrkheym, and rendered it to him, and quitclaimed all his right to William and his successors, parsons of the said church. For this acknowledgment William gave him one sor sparrow-hawk.

No. 127.—At Lancaster, in three weeks from Michaelmas, 30 Henry III. [20th October, 1246].

Between Ralph de Leventon, plaintiff, and Alan le Norreys and Margaret his wife impedients of ten oxgangs of land in Safhole, (fn. 20) respecting which a plea of warranty of charter had been summoned between them.

Alan and Margaret acknowledged the land to be the right of Ralph, as that which he has by their gift, to hold to him and his heirs in perpetuity, rendering yearly one penny at Carlisle Fair, and performing to the chief lords of the fee for Alan and Margaret, and the heirs of Margaret all other services belonging to that land. With warranty. For this acknowledgment Ralph gave them two marks of silver.

No. 128.—At Appelby, on the morrow of St. Martin, 31 Henry III. [12th November, 1246].

Between Robert de Coyners and Alice his wife, and Mathew de Redemayn, plaintiffs, and Thomas de Bethum, respecting this, that Thomas had been summoned to answer Robert and Alice, and Matthew by what right he claimed to have common in their land in Yelond [Yealand], inasmuch as they have no common in Thomas' land, nor does Thomas perform any service to them whereby he ought to have common in their land. (fn. 21)

Robert and Alice, and Matthew granted for themselves and the heirs of Matthew and Alice, that eight of Thomas' men and of his heirs' men of Betheleghton should henceforth have common of pasture in Yeland for forty beasts, one hundred sheep, and sixty goats for ever, within the following bounds, to wit, beginning at . . . [mutilated] Betheleghton, where a certain lane extends from Betheleghton to the road hard by, leading from Yeland to Selredal [Silverdale], along that road to the valley outside Hokereytherig towards the east . . . [mutilated] across to Arnolvesheued Dub (fn. 22) and so upwards by the said stream to Betheleghton; and in like manner that those men should henceforth have forty pigs quit of pannage within the said bounds, from the feast of St. Michael to [Martinmas (?) several words mutilated], when there should be a fall of mast (pessona) there. They also granted that those men should henceforth have within these bounds their reasonable estovers to "husbote and haybote" at Betheleghton by the view of the foresters of the said Robert and Alice, and Matthew for ever. For this concession Thomas released to them all his right to claim any other common, or estovers, or any . . . [mutilated] in their land in Yeland for ever, so that it should be lawful to them henceforth to break up (frussire), assart, cause to be cultivated, and make profitable all their tenements in that town outside the said bounds, without gainsay of Thomas or of his heirs for ever.

No. 129.—At Worcester, on the morrow of the Purification of the Blessed Virgin Mary, 33 Henry III. [3rd February, 1249].

Between Robert de Molyneaus, plaintiff, by Robert de Molyneaus his son, put in his place, and William de Molyneaus, concerning this, that William should acquit Robert of the service which William le Butiler claimed from him, of the free tenement which he held of William de Molyneaus in Thornton, to wit, of one carucate of land, respecting which a fine had been previously levied before the Justices, in the last Eyre at Lancaster, between Robert de Molyneaus, the plaintiff, and Adam de Molyneaus, (fn. 23) father of the said William, whose heir he is, concerning this, that Adam should acquit Robert of the service which William le Butlyer, claimed from him, of the free tenement which he held of Adam, and of which William, as mesne tenant (medius) between them, ought to acquit him; respecting which Robert complained that by reason of William's default he was distrained upon to feed William le Butiler's beadles (budellos) whenever they came to the manor of Thornton, according to that which belongs to the tenement which he holds of William in in that town; and likewise that he should do "Bode" and "Wythnes" at the Court of Werington for his said tenement in that town; respecting which a plea "of fine made" had been summoned between them.

William granted that Robert and his heirs should henceforth hold the land of William and his heirs for ever by performing to the chief lords all the service thereto belonging, for all service and custom, except suit of court at Werington, of which William and his heirs will acquit and defend Robert and his heirs against the chief lords of the fee, except of "Bode" and "Wythnes," which Robert and his heirs shall perform at the said Court for ever. Moreover William granted to Robert twenty-six sellions of land in Havecroft, with half the messuage, which Simon de Molyneaus once held in Cefton, and one pound of pepper yearly, to be taken at the Nativity of our Lord from William's land of Peperfeld, and two solidates of rent yearly to be taken at the feast of St. Michael from the land which Henry le Despenser held of William on the day of the making of this concord, saving to William and his heirs all other services and profits of that land of Peperfeld, and of the land which Henry le Despenser held on the day of the making hereof, as aforesaid. So that if the tenants of the land of Peperfeld, and of the land which Henry le Despenser once held as aforesaid, do not render the pound of pepper and the said 2s. at the said terms, it shall be lawful to Robert and his heirs to distrain upon the said tenements and all chattels found thereon, until full payment of all arrears be made, without gainsay of William or his heirs. For this grant and acquittance Robert remitted to William all the losses which he said he had sustained by reason that William had not upheld the fine made between Robert and Adam, the father of William, whose heir he is. Be it known that this fine cancels the fine previously made.

No. 130.—At Westminster, on the morrow of the feast of St. John the Baptist, 34 Henry III. [25th June, 1250].

Between William de Valence and Joan his wife, (fn. 24) plaintiffs, by Sams[on] de Saunford, put in their place, and Richard, Prior of Kartmel, deforciant, by William de Culewrth, his canon, put in his place, of the patronage of the Priory of Cartmel, respecting which a plea of covenant had been summoned between them.

The Prior acknowledged and granted for himself and successors, and his Church of Kartmel, that whenever the office of Prior should fall vacant, the canons of that place, by their conventual letters patent, by a canon of that place, would beg of William and Joan, and the heirs of Joan, the licence to choose a Prior, if they should be in England, or from their Steward of Penebroke for the time being, if abroad, and should then without gainsay or impediment have licence to choose a Prior to themselves; so that after one be chosen Prior, they should present their election to William and Joan, and the heirs of Joan, or to the Steward, and him they would present by their letters patent without gainsay to the Ordinary of the place for the time being. And if after so doing the said William and Joan would not grant licence to choose, or would not present to the Ordinary, it should be lawful for the canons to elect a canon to the office of Prior, and having so elected, to present him to the Ordinary without gainsay of William and Joan. Moreover the Prior granted that whenever it happened that the Priory became vacant, William and Joan should have the custody of the Priory, but so that they should only have there during the period of vacancy, one servant with two horses and two grooms, at the charge of the Priory, who should have no administration of any matters at the Priory, save only, that by the Cellarer, and by the view of that servant all manner of necessaries should be supplied to the canons, brethren, and servants of that Priory without waste or destruction. For this acknowledgment and concession, William and Joan released to the Prior and his successors, and to his Church, all right to claim or have any other custody of the Priory, or of any lands or tenements thereunto belonging, at the time of any vacation or vacancy. For this release the Prior gave them forty marks of silver.

No. 131.—At Westminster, on the Quindene of Easter, 35 Henry III. [30th April, 1251].

Between William de fferrars, Earl of Dereby, (fn. 25) plaintiff, and Herbert de Lauton and Mabilia his wife, impedients, of thirty acres of land in Cherlegh [Chorley], respecting which a plea of warranty of charter had been summoned between them.

Herbert and Mabilia acknowledged the land to be the right of the Earl, as that which he has by their grant, to hold of Herbert and Mabilia, and the heirs of Mabilia, rendering yearly one half-penny at Easter for all service. With warranty. For this acknowledgment the Earl gave them ten marks of silver.

No. 132.—At Westminster, on the Quindene of Easter, 35 Henry III. [30th April, 1251].

Between Henry de Notingham, plaintiff, and Richard, Abbot of Mirivall, deforciant, of common of pasture, which the Abbot claimed to have in his land in Altekar. (fn. 26)

Henry quit-claimed to the Abbot and his successors, and to the Church of Mirival all his right in common of pasture there. For this acknowledgment the Abbot gave him 40s. sterling.

No. 133.—At York, on the Quindene of St. Hilary, 36 Henry III. [27th January, 1252].

Between John de Cauncefeld, (fn. 27) plaintiff, and Hugh de Morewyke, deforciant, of the manor of ffarleton, respecting which a plea of covenant had been summoned between them.

Hugh acknowledged the manor, to wit, whatever Hugh formerly held there, to be the right of John, as that which he has by the grant of Hugh, to hold of Hugh and his heirs, performing to the chief lords, for the said Hugh, all services and and suits belonging to that manor. With warranty. Moreover Hugh quit-claimed to John all his right in two markates of rent, which John used heretofore to render to Hugh for the tenement which he holds of Hugh in Cauncefeld. For this acknowledgment John gave Hugh one sor sparrow-hawk.

No. 134.—At Westminster, on the Octave of Holy Trinity, 36 Henry III. [2nd June, 1252].

Between Adam de Knusley and Godith his wife, plaintiffs, and Adam de Wynstaneslegh, tenant, of one oxgang and the third part of an oxgang of land in Wynstaneslegh. (fn. 28)

Adam de Knusley and Godith acknowledged the land to be the right of Adam de Wynstaneslegh, and quit-claimed it to the said Adam and his heirs. For this acknowledgment Adam de Wynstaneslegh granted that two parts of all the profits arising both from aeries of sparrow-hawks and from pannage, as also from pasture within the wood of Wynstaneslegh and without, should remain for ever to Adam de Knusley and Godith and the heirs of Godith, who granted that the third part of all the above mentioned profits should remain to Adam de Wynstaneslegh and his heirs. For this concession Adam gave them eighteen marks of silver.

No. 135.—At Westminster, on the Quindene of St. Hilary, 36 Henry III. [27th January, 1252].

Between William de Ferrars, Earl of Derby, plaintiff, by Peter de Gatesden, put in his place, and William Bussel and Alice, his wife, impedients of four oxgangs of land in Cherle [Chorley], respecting which a plea of warranty of charter had been summoned between them.

William Bussel and Alice acknowledged the land to be the right of the Earl, as that which he has by their gift, to hold of them and the heirs of Alice for ever, rendering yearly one halfpenny at Easter for all service, suit of Court, and custom. With warranty. For this acknowledgment the Earl gave them eighteen marks of silver.

No. 136.—At Westminster, on the Quindene of Easter, 38 Henry III. [26th April, 1254].

Between Henry, Abbot of Cokersand, plaintiff, and Gervase de Oxclifve and Alice his wife, impedients of one oxgang and twelve acres of land in Ellale, (fn. 29) respecting which a plea of warranty of charter had been summoned between them.

Gervase and Alice acknowledged the land to be the right of the Abbot and of his Church of Cokersand, to hold of them and the heirs of Alice, rendering yearly 40s. sterling and two stones of wool at the three terms, to wit, at the feast of St. Michael 20s., at Easter 20s., and at Pentecost two stones of wool, during all the life time of Alice, and performing to the chief lords of that fee for Gervase and Alice all other services belonging to that land. With warranty. After the decease of Alice the said Abbot and his successors, and his Church shall be quit of the payment of 40s. and of the wool for ever. For this acknowledgment the Abbot gave them five marks of silver.

No. 137.—At Westminster, in one month from Easter, 38 Henry III. [10th May, 1254].

Between Robert Banastre, plaintiff, and Peter de Brunhull, deforciant, respecting the suit which Robert claimed from Peter to his mill in Neuton. (fn. 30)

Robert quit-claimed to Peter and his heirs all right of claiming or having any suit of mill from Peter and his heirs, or from the men and tenants of Peter's fee in Ashton; so that it should be lawful to Peter to erect and maintain a mill, wheresover he would in his land of Ashton, and to have the suit of the men of that town without any claim which Robert and his heirs might or could have upon the said mill or suit. For this acknowledgment Peter granted for himself and his heirs that they would yearly render at Neuton to Robert and his heirs 2s. at Easter for ever; and he gave Robert thirty-five marks of silver.

No. 138.—At Westminster, on the Quindene of Michaelmas, 38 Henry III. [13th October, 1254].

Between Richard, son of Robert de Prestecote, plaintiff, and Richard de Waleton, parson of the Church of Huyton, tenant, of thirty acres of land in La More. (fn. 31)

Richard de Prestecote quit-claimed to Richard the parson all his right in the land. For this release he gave him six marks of silver.

No. 139.—At Westminster, on the Quindene of Easter, 39 Henry III. [11th April, 1255].

Between Adam de fferneworth, plaintiff, and Gilbert de Barton, concerning this, that Gilbert should acquit him of the service which Thomas de Grelley claimed from the free tenement which Adam holds of Gilbert in fferneworthe [Farnworth], to wit, from one oxgang and half an oxgang of land, whereof Gilbert as mesne tenant between them ought to acquit him, and whereof Adam complained that Thomas had by reason of the default of Gilbert distrained him that he should pay 3s. yearly for the said tenement. (fn. 32) Gilbert acknowledged and granted that henceforth he and his heirs would acquit and defend Adam and his heirs from that and all other service belonging to that tenement, against Thomas and his heirs. For this acknowledgment Adam remitted all the loss which he said he had sustained by reason of non-acquittance of the said service.

No. 140.—At Westminster, on the Quindene of Michaelmas, 39 Henry III. [13th October, 1255].

Between John de Heris, plaintiff, and Isabel de Heris, deforciant, by Jordan, son of Peter, put in her place, of two oxgangs of land in Cliderhou, respecting which a plea of covenant had been summoned between them.

Isabel acknowledged the land to be the right of John, as that which he has by her gift, to hold of her and her heirs by performing to the chief lords for Isabel, the service belonging to that land. With warranty. For this acknowledgment John owes Isabel one sor sparrow-hawk.

Footnotes

  • 1. This session of the Lancaster Assizes commenced on the 20th October 1246, and lasted ten to fourteen days. The Justices in Eyre were Roger de Thirkleby, Gilbert de Preston, Master Simon de Wauton and John de Cobham. The Roll of the Justices is in the Public Record Office, No. 404, and consists of twenty-seven membranes. All notices of the suits which were there concorded, and of which chirographs were made, are given in the footnotes to the respective concords.
  • 2. Gilbert de Barton gave 20s. for license to concord with Thomas Gresley in a plea respecting customs and services, by the surety of Matthew de Redeman [who had been appointed Sheriff of the County at Michaelmas, 1246]. (Assize Roll, No. 404, m. 8.) The estates, which Gilbert inherited from his grandmother, Edith de Barton, were (1) the Manor of Barton cum membris, held of the Grelleys by the services of one and a half knight's fees; (2) Worsley cum membris, held of the King in 1212, afterwards of William Ferrers, Earl of Derby, in thanage by 26s., the area was thirty-two oxgangs; (3) Cadishead, held of the King, etc., in fee farm for 4s.; (4) eight oxgangs in Kaskinmoor, held of Montbegon and Nevill in 1212, which had been converted into the fourth part of a knight's fee, under the Earl of Lincoln in 1242, the estate being in Chadderton; (5) four oxgangs in Heaton under Horwich, held of de Radcliffe in 1212 for 6s.; (6) two oxgangs in Failsworth, held of de Prestwich in 1212 for 4s.; and (7) one carucate in Breightmet, held in 1212 by William de Notton, father of Gilbert de Barton, of the heir of Ranulf de Marsey for 8s. (Testa de Nevill, passim.) From the particulars given in the above concord, it appears that Gilbert was to do military service belonging to one knight's fee, the service of the other half fee being performed by his under tenants in Barton. Apparently there were six carucates, three oxgangs of land in the manor cum membris, i.e, seventeen oxgangs to each half fee. Gilbert's demesne in Barton, Dumplington and Davyhulme extended to thirteen oxgangs, for which he undertook to perform forinsec service. This would leave thirty-eight oxgangs in the hands of free tenants, viz., in the other hamlets of Barton and in Withington. Judging by these particulars, the oxgang in many vills and hamlets of Salford Hundred must have been abnormally large. It is, however, necessary to look upon the carucate and oxgang as the basis of the fiscal or rateable valuation of the vill, rather than the measure of the arable land or agricultural outfit at any given period. See note to No. 139 postea.
  • 3. At York Assizes, in Easter Term, 1246, Margaret, Countess of Kent claimed the right of presentation to the Church of Melling against the Prior of Lancaster and the Prior of Horneby. She stated that the right of presentation belonged to her, because Roger de Montbegon, formerly lord of Horneby, last presented Richard de Vescy to that church, and that he was duly admitted to the presentation and died the last Parson of that church. She also stated that she held the manor of Horneby, to which the advowson of that church belonged, by the grant of Henry de Munegheden, heir to Roger de Montbegon, who enfeoffed her, together with her late husband, Hubert de Burgh, Earl of Kent, by charter which she proffered, and which bears witness to this. The Priors appeared. And the Prior of Horneby pleaded that an assize ought not to be taken, and stated that Roger de Montbegon verily last presented Richard de Vescy, but that after having presented him to that church, he granted to God and the Church of St. Wilfrid of Horneby all his land in Botine, with the advowson of the Church of Melling, to hold in frankalmoign; and he produced the charter of feoffment of the said Roger, which bore witness to this. He further stated that he was in seisin of the land, and that the church was vacant for the first time since he was enfeoffed of the land and advowson. The Countess appeared by her attorney and pleaded that the said charter ought not to be prejudicial to her, because Hubert de Burgh, formerly her husband, and she the said Margaret, after the making of the charter, sued Henry de Munegeden for the Manors of Horneby and Melling and the advowson of the Church of Melling by a writ of warranty of charter before the Justices at Westminster, and a fine was thereupon levied in the said Court, whereby Henry acknowledged the said lands and appurtenances to be the right of Hubert and Margaret as those which they held by the grant of the said Henry, to hold during the term of life of either of them, and she produced the chirograph thereupon made between them, which bore witness to this (Cf. No. 32, 14 Henry III., supra). And because the Prior was in England when the fine was levied, and set up no claim against that chirograph she pleaded for judgment. The Abbot of Croxton afterwards appeared and stated that the Priory of Horneby was a cell of his abbey, and that he could remove the Prior of that place at his will, which the Prior acknowledged. The Prior of Horneby pleaded that the fine ought not to be prejudicial to him because it was by writ of warranty of charter between the Earl and Countess and the said Henry, whereas Henry was never in seisin of the advowson of the Church, because Roger de Montbegon, who granted the advowson to the said Prior and to his house, last presented Richard de Vescy, who died the last Parson of that church. The Countess, by her attorney, fully acknowledged that Henry de Munegheden was never in seisin of the advowson, and that Roger de Montbegon last presented Richard to that church, and afterwards granted the charter to the Prior, but she pleaded nothing further against that charter except that it was rendered void by the fine, because the Prior did not oppose his claim against it. The King notified the Justices at York to give the parties a day at Westminster de die in diem in the Octave of Holy Trinity to hear judgment without essoins or delay. (Assize Roll, No. 1045, m. 2). Upon which day concord was made as above. About this time, Robert, Prior of Hornby, came to an untimely end, for it was presented by the Lonsdale Jury at the Assizes at Lancaster, in Michaelmas Term, 1246, that the Prior had been killed by his own horse, which carried him against a certain cross, against which he struck with such violence that he died. Hugh, the Porter of Hornby, was present at the time of the accident. (Assize Roll, No. 404, m. 23, in dorso).
  • 4. At Lancaster Assizes, 1246, William de Lancaster was summoned to answer Roger de Heaton wherefore he claimed customs and services which were not due, from the free tenement which Roger held of him in Toruergh, and distrained upon Roger to do suit to his mill of Ulverston, which he did not owe, because William de Lancaster II., grandfather of William, enfeoffed Augustine, [grand]father of Roger, of half a carucate of land in Thoruergh, to hold by the service of the forty-eighth part of one knight's fee for all service, saving only to the grantor and his heirs, buck and doe, wild boar and sow, goat and goshawk. He proffered the charter in testimony of this, and the confirmation of Gilbert fitz Reinfred. William de Lancaster, by his attorney, pleaded that he justly distrained upon Roger to do suit at the said mill, because William, his grandfather, was seised of Augustine's suit, and Hawise, daughter of the said William, whose heir he is, was likewise seised thereof. Roger denied this, and put himself upon the grand assize. William de Furness, Hugh Phytun (Fitton), Richard de Halfiston, and Robert de Latham, four knights, are summoned to elect a jury. Afterwards the parties concorded, and Roger gave one mark for license to concord by the surety of Alexander, the Clerk. (Assize Roll, No. 404, m. 11).
  • 5. At Lancaster Assizes, Richard de Whiteleg and Roger, his brother, gave two marks for licence to concord with Robert de Lathum, respecting a plea of nativity, by the surety of Warin de Waleton and Ralph de Standis. They shall have a chirograph. (Ibid., m. 10).
  • 6. The following refers to another suit in which Peter de Burnhull was at this time engaged:—At Lancaster Assizes in 1246, Adam de Pemberton sued Peter de Burnhull (Brindle), for 200 acres of land in Pemberton as his right, and of which, Alan, his father, was seized in fee in the time of Henry II. He offered to deraign by the body of his freeman, Philip. Peter defended his right and denied that the said Alan was ever in seisin, which he was ready to defend by the body of his freeman, John de Cophull. The Court considered that John should give pledge to defend, and Philip pledge to deraign. John's sureties were Richard de Trafford, Adam de Radclive, John de Blakeburne and Richard de Pynington. Philip's sureties were Alan de Wiodehull, William de Pemberton, James de Pemberton and John Mers (or Marsh). Afterwards a duel was armed and fought between them at Warrington (or Warwick ?—apud War' fuit duellum armatum et percussum inter cos), and Philip was vanquished in the field. It was, therefore, considered that Peter and his heirs should thereafter hold the land in peace, released by Adam and his heirs. Adam in misericordia, Philip in custody. A day was given to them on the morrow of St. Martin at York, when and where they should come armed. (Assize Roll, No. 404, m. 9.)
  • 7. At Lancaster Assizes, Robert de Samplesbiri, Adam, James and Roger, his brothers, sued William de Samplesbiri, for three-fourths of eight oxgangs of land in Shamplesbiri, which they claimed as their right and share of the inheritance of Roger de Shamplesbiri, lately deceased whose heirs they were. They stated that Cospatrik, their ancestor, was seised in fee in the time of King John, and died seised of the said land, as also of other lands and tenements. After whose death the land descended to his four sons, to wit, to the said Roger, and to Richard, Uctred and Alan, between whom the land was divided, the said Roger having the eight oxgangs for his portion, of which Robert and the others sue for their share, to wit, each of them for one oxgang and a half and the fifth part of an oxgang. William acknowledged that Cospatric was seised of fourteen oxgangs of land in that vill, but he pleaded that he enfeoffed each of his sons, Richard, Uctred and Alan of two oxgangs of the said land, and died seised of the residue, viz., of eight oxgangs, so that Roger, his eldest son and heir, succeeded to that land as his inheritance, and that land was never divided. Robert, Adam and James offered the King one mark for an inquiry, as also did William. Afterwards William came and offered half a mark for licence to concord, by his surety, Adam de Hoegton. They shall have a chirograph. (Ibid., m. 4).
  • 8. Probably in Furness. Cf. Furness Coucher, p. 604.
  • 9. At Lancaster Assizes, in 1246, a jury came to make a recognition if William de Walton disseised Juliana, formerly the wife of Henry de Walton, of one oxgang and twenty acres of land and 8d. rent in Waleton. She recovered seisin of the oxgang, but not of the other premises. (Assize Roll, No. 404, m. 8, dorso). At the same Assizes, Juliana sued Richard, son of Henry de Walton, for the third part of twelve oxgangs of land in Wavertre, and four oxgangs in Kirkdale, as her dower. Richard called to warrant William, son of Henry de Waleton, who warranted to him, and pleaded that he ought not to answer this writ, because Juliana had sued for her dower before Robert de Lexington [at the Assizes in 1241] against the said William and others, and by an agreement then made Juliana remitted her claim in all lands and tenements which had belonged to her late husband Henry in that vill, for which release William then granted of that land to Juliana four oxgan1gs in Neusum, to wit, two oxgangs in demesne and two oxgangs in services, three oxgangs in Wavertre in demesne, and forty acres of waste land in Waleton in a competent place, saving to Juliana the dower which she previously had. The Roll of that Itinerary confirmed this. Verdict for Richard. (Ibid., m. 5).
  • 10. At Lancaster Assizes in 1246, William, parson of Waleton, gave one mark, Elias the Wudeward and Richard, his brother, half a mark, Robert, son of Eadwin, half a mark, and Adam, son of Alan, half a mark, for licence to concord respectively with Alan, son of Simon and Godith his wife in a plea of land. (Assize Roll, No. 404, m. i, dorso).
  • 11. See the Coucher of Furness, p. 234, Charter xcviii.
  • 12. See the Cockersand Chartulary, p. 233, and p. 231, n.
  • 13. A.D. 1246. The Church of Kirkham is in the King's gift. William de York, provost of Beverley, holds it by the King's gift. Annual value, twelve score marks. (Presentment of the Amounderness jury, Assize Roll, No. 404, m. 22).
  • 14. Robert, son of William de Kirkham, was co-rector of the Church of Kirkham. (Dodsworth MS. liii., ff. 90, 92).
  • 15. At Lancaster Assizes, in 1246, a jury came to make a recognition if Walthef de Clafton [Claughton], father of Mariota, wife of Henry de Yolton, and Sigherith, her sister, was seised in fee of four oxgangs of land in Farleton, of which Roger le Fraunceis held two oxgangs and Uctred Prat two oxgangs. Roger and Uctred pleaded that no right ought to descend to Mariota and Sigherith, because they were born long before Walthef married their mother. Afterwards they concorded, and Henry de Yolton gave half a mark by the surety of John, son of Walthef, and Uctred half a mark by the surety of Roger le Fraunceis for licence to concord. They shall have a chirograph. Sigherith was under age, and so her right to take further action in the matter was reserved until she should attain her majority. (Assize Roll, No. 404, m. 5).
  • 16. Great Pendleton, parish of Whalley. Hugh Querderey—whose name appears in the original chirograph as "Quer de Rey," and in the Assize Roll of 1246 as "Queor de Rey"—was probably father of William, who held land here in 1311. Henry de Dunham was evidently of the neighbouring village of Downham.
  • 17. See Cockersand Chartulary, p. 443.
  • 18. See Cockersand Chartulary, pp. 276, 285.
  • 19. Cf. No. 120, antea.
  • 20. This is a Cumberland Fine relating to Staffol, parish of Kirkoswald. Cf. Cumberland Final Concords, 30 Henry III., No. 43.
  • 21. At Lancaster Assizes in 1246, Thomas de Bethum was summoned to answer Robert de Koyners and Alice, his wife, and Matthew de Redeman in a plea by what right he claimed to have common in their land in Yholand, inasmuch as they had no common in his land, nor did he perform any service to them. Thomas appeared and stated that all his ancestors from the conquest of England had been seized of common in the land of the ancestors of Alice and Matthew in that town until then, and that he did not claim common in that land, because it was just as much his own soil as the soil of Robert, Alice and Matthew, and further that none of them knew his own severalty therein, because that land had never been partitioned between them. Afterwards they concorded, Matthew and Robert giving five marks, and Thomas five marks for licence to concord (Assize Roll, No. 404, m. 12), From this it appears that the townships of Silverdale, Yealand Conyers, Yealand Redmayne and Beetham had right of pasturage over these townships in common, and not in severalty. Beth-leghton, otherwise Leighton, was merely the name of the demesne of Yealand. Dodsworth has preserved a record referring to the original charter of feoffment of Yealand and Silverdale by William de Lancaster I. or II., to Adam de Auerenge, temp. Henry II., which he found among the charters of Thomas Middleton of Leighton, Esq., then in the custody of Robert Strickland, Esq., at Sizergh, near Kendal, as follows:—"Willelmus de Lancastre dedit Adæ de Yeland et hæredibus suis pro homagio et servitio suo, villam de Yeland cum Selredale, cum omnibus pertinentiis suis, quas Willelmus de Lancastre, vetus, dedit Adæ de Auerenge, avo ejusdem Adæ, pro homagio et servitio suo, silicet unam Karucatam terræ et dimidiam per servitium militare. Testibus—Gilberto de Lancastre, Rogero de Lancastre, Thoma de Bethom, Ricardo de Coupland, Mathæo de Redeman, Thoma de Burgo, Ricardo de Preston, Henrico de Alnolf, Ada de Coupmanwra, Patricio de Berwicke et multis aliis [S.D. 1220—1236]. From which it appears that Adam de Auerenge or Auvergne (?) had two daughters and heiresses, one the wife of . . . de Yealand, a name doubtless assumed upon the death of the father-in-law, and the other the wife of Henry, son of Norman de Redman. De Yealand, had two sons, William, who died s.p., and Sir Adam de Yealand, who was Sheriff of Lancaster from the 12th to the 17th Henry III. Alice, his only daughter and heiress, married Robert de Conyers. Henry de Redman had two sons, Norman, who died young s.p., and Matthew de Redman. These two were plaintiffs in the action referred to above, and were returned in the Feodary of 1242 as holding the eighth part of one knight's fee in Yealand of the fee of William de Lancaster III. (Testa ii., f. 792). When Yealand was ultimately partitioned between these two families, the moieties acquired the distinctive names of Conyers and Redmayne. There is some reason for the belief that Adam de Auvergne was none other than Adam, the Dean of Kirkham in Amounderness, whose name occurs so frequently in charters dating from 1180 to 1210. In the 31 Henry II., he paid two-and-half marks for licence to marry his daughter to the son of Norman de Redman, i.e., Henry, father of Matthew (Lancashire Pipe Rolls, pp. 54, 157).
  • 22. Arnside Dub, or Deep pool, now Hawes Water.
  • 23. Since the date of the previous concord (No. 121), viz., 20th October, 1246, Adam de Molyneux was deceased. William, his son and heir, had not observed the terms of that agreement, hence this suit. Some interesting particulars are given of the services due to the chief lord (Boteler of Warrington) for Thornton, of which Robert was claiming acquittance from William de Molyneux. When Boteler's beadles came to the Manor of Thornton to summon or cite anyone to the Court at Warrington, or to make any proclamation, they claimed meat, if not drink, from this tenement. The words are "quod pasceret budellos . . . ." Further, there was the obligation of doing Bode and Witness to the Court at Warrington, i.e., going thither to give information of any matter which had happened, or had been discovered, which belonged to the jurisdiction of that Court, and to testify there to any matter on behalf of suitor or appellee. These duties were to be performed by Robert de Molyneux as tenant, but William as mesne tenant was to perform suit as a juror at the three-weeks' Court at Warrington.
  • 24. Henry II., in the last year of his reign, gave Cartmel to William Marshal, who founded there a Priory of Augustinian Canons. Having married Isabel, daughter and heir of Richard de Clare, Earl of Pembroke, he acquired that Earldom. He was Earl Marshal of England, and died in 1219, leaving five sons, William, Richard, Gilbert, Walter, and Anselm, who each in succession possessed their father's lands and honours, and died without issue; and five daughters, of whom the second, Joan, was married to Warin de Munchensi, who had issue by her, William de Munchensi, son and heir, and Joan, married to William de Valence, who brought to her husband inter alia Cartmel, which belonged to her of her mother's purparty of the inheritance which fell to the five sisters or their heirs, after the death of Anselm Marshal on the 5th December, 1245. William de Valence, who with his said wife, Joan, was the plaintiff in the suit here concorded, was the son of Hugh le Brun, Earl of Marche, on the confines of Poictou, by Isabel, widow of King John and mother of Henry III. He was created Earl of Pembroke in or before 1264. This explains the connection of Valence with Cartmel Priory.
  • 25. By charter dated at Portsmouth, 18th October, 13th year (1229), Henry III. granted to "our beloved and faithful Ranulf, Earl of Chester and Lincoln, all the land which we have between Ribbel and Merse in the county of Lancaster, to wit, the town of West-dereby with the Wapentake, and all appurtenances, the borough of Liurepul, the town of Salford with the Wapentake, and all appurtenances, and the Wapentake of Leiland with appurtenances," to hold by the yearly render of a mewed goshawk (i.e., one which had passed the moulting season), or forty shillings. This grant included all the demesne lands in the hands of the crown, between Ribble and Mersey, including one carucate in Altcar. The Earl of Chester died before 27th October, 1232, having shortly before his death acquired the Lancashire estates of Roger de Marsey. After whose death these estates fell to William Ferrers, Earl of Derby, in right of Agnes his wife, third daughter and heir of the said Earl of Lincoln. On the 16th September, 1233, the King sent word to the Sheriff of Lancaster to deliver seisin to William, Earl of Ferrers, of all Knights' fees in his bailiwick, which lately belonged to Ranulf, Earl of Chester, but expressly excepting the land between Ribble and Mersey, until the King had inspected his charter granting that land to the Earl of Lincoln, of which seisin was not delivered until the following year. (Close Roll, 17 Henry III., m. 3). An important entry occurs in the same Roll, on m. 4, as follows :—"Of the Knights fees which were held of Ranulf, Earl of Chester, partitioned between his heirs. The Sheriff of Lancaster [will answer] for Earl Ferrers respecting John, Earl of Lincoln and Constable of Chester, Thomas Gredle, William le Boteler, Henry de Munegeden, Robert Banastre and Adam de Mulinells, &c., saving to Clemence, Countess of Chester, her dower of the said services, which have been assigned to her in her dower." This proves that the grant to Ranulf, Earl of Chester, not only included the land between Ribble and Mersey, but the lordship over the fiefs of Manchester, Widnes, Warrington, Tottington and Croston, Makerfield and Sefton, and explains why these fees were all described in the Feodary of 1242 as held of the Earl Ferrers, and he as holding of the King in chief ; whereas the fees of Penwortham, Clitheroe, Weeton and Garstang, &c., were all held of the King in chief sine medio. See Testa de Nevill, II. f. 785–f. 792.
  • 26. The charter of the grant of Altcar by Earl Ferrers to the Abbey of Merevale does not appear to have been preserved, but it passed sometime after 1233, and probably before 1237. (Cf. No. 165, note.)
  • 27. John de Cantsfield has already occurred in a suit about land in Cantsfield (No. 46, antea p. 66). Sir John de Cantsfield was Deputy Sheriff of Lancashire during an unascertained year or years between 1260–1265 (Whalley Coucher, p. 451). The above concord confirms a previous grant or sale of the Manor of Farleton by Hugh de Morwich (see note, p. 31) to this John de Cantsfield, who had acquired his surname from an estate held under Hugh, in the adjoining township of Cantsfield, by the yearly service of two marks. This latter estate probably descended from (2) Akarias de Austwick (No. 16, temp. John, p. 14 antea) to his eldest son, (2) Ingrid de Cantsfield (No. 54, p. 31), and from Ingrid to (3) William, his son, who was, I believe, the father of (4) John de Cantsfield (Cf. Fine Roll, 55 Henry III. m. 15). This descent, however, requires verification. Sir John de Cantsfield was knighted between the years 1248—1254 (Furness Coucher, pp. 489–490), and died before 1265. leaving issue his son and heir, (5) Sir Richard de Cantsfield, who married Alice, sister and heir of Robert le Flemyng, which Robert, after the death of his brother Michael by drowning in the river Leven, had succeeded to the estates of his father, Sir William le Fleming of Furness, lord of Aldingham. Sir Richard died circa 1269, (6) John, his son and heir, being then under age. John de Cantsfield was found to be tenant of six carucates of land in Farletou and Cantsfield by military service at the death of Geoffrey de Nevill, lord of Hornby, shortly before 26th March, 1285 (Escaeta, 13 Edw. I., No. 19). He died 1289, and was succeeded by his brother, afterwards Sir William de. Cantsfield, who at the time of his brother's death, was within a few weeks of attaining his majority. The story of how he and his friends forcibly and violently entered upon the Manor of Aldingham and ejected the Abbot of Furness, who was entitled to the custody of that Manor, and the wardship of the said William, is fully told in the Furness Coucher, and in the Annales Furnesienses, p. 228. Sir William died without issue 27th May, 1293, his sister Agnes, wife of Sir Robert de Harrington, Knt., being his heir. Aldingham afterwards descended through the heirs of Sir Robert de Harrington II., grandson of Sir Robert I., to William de Bonville, Baron Bonville, but commonly called Lord Harrington, who was killed at the battle of Wakefield. Farleton and Cantsfield descended to the heirs of Sir John Harrington, younger brother of Sir Robert II., which branch became lords of Hornby Castle temp. Henry VI.
  • 28. Winstanley and the two Billinges formerly comprised a single estate, which Adam de Billinge held in 1212 in thanage by the yearly service of 10s., and finding one judgeship or suitor to the Court of the fee of Makerfield, held at Newton. The whole was rated for geld at only four oxgangs, or half a carucate. Winstanley, containing one and one-third oxgang, had been granted out at a very early date. At the commencement of the thirteenth century it was held under Adam de Billinge by Roger de Winstanley, son of Outi. (Testa, ii., f. 830). Adam de Winstanley, the tenant in 1252, was probably son of Roger. He was the father of another Roger, living in 1283. (Cockersand Chartulary). It is impossible to say who Godith might be, or how she came to sue Adam for a recognition of her title to hawks, pannage of swine and pasture in Winstanley, but the nature of her claim points to some relationship with the family of Billinge, the mesne tenants under Banastre, and over-lords of Winstanley. Her husband evidently belonged to a family who held an estate in Knowsley, under the Lathoms.
  • 29. This oxgang of land called Hobyrstad in Ellel [now Hubbersty] was given in frankalmoign to the canons of Cockersand by Alice de Watermillock, wife of Gervase de Oxclive. (Cockersand Chartulary f. 113).
  • 30. Robert Banastre was lord of Makerfield circa 1250 to 1292. His residence and demesne was at Newton. Peter de Burnhill or Brindle held under him in thanage three-and-half carucates of land in Ashton-inMakerfield, and in Hindley, by the service of 35s. yearly, and to find one-and-half judgeship, or suitor to Robert's Court of Newton. (Testa, ii., f. 829). This concord evidently terminated a suit instituted by Robert Banastre to compel Peter and his tenants to grind at the baronial mill at Newton-in-Makerfield. Peter successfully resisted the claim, and secured the right to erect a mill at Ashton, for his own manor, for a merely nominal yearly acknowledgment of two shillings, and a payment of thirty-five marks.
  • 31. Possibly More Hall in Liverpool, formerly the seat of the family of More or Moore. There was an estate in Huyton called "La More," which is more probably the one referred to here.
  • 32. This claim to acquittance against Thomas Grelley of the yearly service due from Farnworth, may possibly have had some connection with a dispute which had arisen a few years before between Grelley and Gilbert de Barton, respecting the service due by the latter in respect of the extensive estates which he held in the Barony of Manchester. In three weeks after Easter, 34 Henry III. [17th April, 1250], in the King's Court at Westminster, before Roger de Thirkleby and his associates, Gilbert de Barton had been attached to answer Thomas Gresley in a plea that he should uphold the agreement made in the King's Court at Lancaster (No. 101 antea, p. 93), between Thomas, the plaintiff, and Gilbert, deforciant of customs and services which Thomas claimed from him for the free tenement which he holds of Thomas in Barton; respecting which Thomas, by his attorney, says, that whereas by that concord Gilbert owes him Sacfe and suit to Thomas' Court and his heirs' Court of Mamecestre, from three weeks to three weeks, to wit, for thirteen oxgangs of land, and shall not give, sell, pledge, nor otherwise alienate without the licence and consent of Thomas and his heirs, the said Thomas against the tenour of that fine has withdrawn the said Sacfe, to wit, 4s. 1d., and has further withdrawn the said suit to Thomas' Court of Mamcestre from three weeks to three weeks. And he further says that Gilbert has given to his daughter, of the age of eight-and-half years, the moiety of his whole tenement aforesaid. Wherefore by the withdrawal of Sacfe and suit of Court, and by the alienation aforesaid he has suffered loss to the value of £20, &c. And Gilbert comes and defends the wrong, &c., and fully acknowledges the said agreement and whatever is contained therein, nor can he deny that he has given the moiety of the said tenement to his daughter. It is therefore considered that Gilbert shall make satisfaction to Thomas for the loss which he has sustained by cause of that gift, and he shall be in mercy for trespass. And respecting Sacfe and suit of Court he says that in no way has he contravened that concord, in that after it had been made he rendered Sacfe and did suit at his (Thomas') Court. That this is so he puts himself upon the country; and Thomas likewise. Therefore the Sheriff is directed to cause twelve knights and others to come into full County Court before him, and before the Coroners, by whom diligent inquiry shall be made if Gilbert has always rendered Sacfe and done suit to Thomas' Court of Mamecestre after the making of that concord, according to Gilbert's statement, or no; and to certify the result of the inquiry upon the Octave of St. John the Baptist by his letters. Afterwards upon that day the Sheriff sent the inquisition, which says that after the said concord had been made, Gilbert withdrew from Thomas 3s. 11d. of Sacfe, and did suit once at Thomas' Court from three weeks to three weeks. It is therefore considered that Gilbert shall for the future render the said Sacfe; and the Sheriff is directed to levy the said 3s. 11d. from Gilbert's lands and chattels. (Curia Regis Roll, No. 139, m. 9).
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