Plea Rolls for Staffordshire: 23 Edward I

Staffordshire Historical Collections, Vol. 7, Part 1. Originally published by Staffordshire Record Society, London, 1886.

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Citation:

'Plea Rolls for Staffordshire: 23 Edward I', in Staffordshire Historical Collections, Vol. 7, Part 1, ed. George Wrottesley( London, 1886), British History Online https://prod.british-history.ac.uk/staffs-hist-collection/vol7/pt1/pp24-33 [accessed 29 November 2024].

'Plea Rolls for Staffordshire: 23 Edward I', in Staffordshire Historical Collections, Vol. 7, Part 1. Edited by George Wrottesley( London, 1886), British History Online, accessed November 29, 2024, https://prod.british-history.ac.uk/staffs-hist-collection/vol7/pt1/pp24-33.

"Plea Rolls for Staffordshire: 23 Edward I". Staffordshire Historical Collections, Vol. 7, Part 1. Ed. George Wrottesley(London, 1886), , British History Online. Web. 29 November 2024. https://prod.british-history.ac.uk/staffs-hist-collection/vol7/pt1/pp24-33.

In this section

Banco Roll. Easter, 23 E. I.

Staff. William de Chatculne and Alice his wife, and Roger de Neuport and Edelina his wife, recover seisin of two messuages in Stafford in a suit versus Henry Schelde and Petronilla his wife, daughter of William Gilbert, the defendants making default. m. 52.

Staff. Theobald de Verdun sued Agnes formerly wife of William de Ipstanes for the wardship of the land and heir of William de Ipstanes, which belonged to him inasmuch as the said William held his land of him by Knight's service; and Agnes did not appear, and the Sheriff had been ordered to distrain; and he now returned that he had distrained her by her chattels to the amount of 20d., and the Sheriff was ordered to distrain again and produce her at the Octaves of Michaelmas; and as it was testified that the Sheriff might have returned more issues from her chattels, a mandate was sent to the Justices assigned (to take assizes) in the county to return on the oath of a jury what issues might have been taken upon which the Sheriff might have answered to the King. m. 57.

Staff. Benedict le Rotur of Alveton sued Walter de Boyfeld of Alveton and Elizabeth his wife for nine acres of land in Alveton as his right and inheritance, in which Walter and Elizabeth had no entry except by a demise which Nicholas le Rotur the uncle of Benedict, whose heir he is, had made to Alice Gannsel for a term now expired. The defendants appeared and demurred to the writ, because two of the acres claimed were in the vill of Bradeley and not in Alveton. Benedict denied this, and appealed to a jury, which is to be summoned for the Quindene of Michaelmas. m. 67.

Staff. The Sheriff is ordered to raise 20s. from the goods and chattels of Richard de Sandbach and pay them into Court, damages adjudicated against him on account that he had essoined himself as on the service of the King at Michaelmas, 21 E. I., in a suit against Adam de Muckleston, and had not produced any warrant for the essoin. m. 78.

Staff. John son of Robert de la Lee of Drengeton sued the Prior of St. Thomas near Stafford for five acres of land in Drengeton (Drineton), of which the Prior had unjustly disseised Robert de la Lee his father. The Prior stated that as regards three acres the said Robert held them of him, and had committed a felony for which he had been outlawed, and the Prior had entered into them as his eschaet, and he denied he had disseised him of the other two acres and appealed, to a jury. The Sheriff is ordered to summon a jury for three weeks from Michaelmas. m. 88.

Staff. John son of Robert de la Lee of Drengeton sued the Prior of St. Thomas near Stafford for a messuage and three acres of land in Drengeton, in which the Prior had no entry except through Thomas le Fevre of Hughtesdon (Hixon), to whom Richard de la Lee had demised them, and who had unjustly disseised Agnes formerly wife of Robert de la Lee the mother of John, of them. The Prior admitted he had entered through Richard, but denied there had been any unjust disseisin of Agnes, and appealed to a jury, which is to be summoned for the same date. m. 88.

Staff. Elice formerly wife of William de Derlaston sued William son of Richard de la Pyrye for a third of four acres of land in Derlaston, and William son of Adam Tromwyne for a third of an acre of land, and Nicholas son of Richard de Wylinghale for a third of an acre in the same vill as her dower. The defendants did not appear, and the Sheriff is ordered to take the dower claimed into the King's hand, and to summon them for the Quindene of Trinity. m. 112.

Staff. The Sheriff is ordered to arrest William Bagod and Richard his son, and keep them in safe custody until they had paid a debt of £40 they had acknowledged to owe Philip the Cutler (Cissori) of London. m. 148.

Staff. John the Parson of the Church of Weston under Brewode sued William son of William Bagod and Robert his brother for deforcing him of four acres of wood and forty acres of pasture in Wylbrighton which Bertram de Burgh had demised to him for a term, and within which term the said Bertram had sold the wood and pasture to the said William and Robert, upon which they had ejected him. The defendants did not appear. William is to be attached for a month from Michaelmas; and it was returned that Robert was a cleric and had no lay fee. It was afterwards testified that he had a benefice within the Diocese of Coventry and Lichfield, and a mandate was sent to the Bishop to produce him at the same date. m. 135, dorso.

Staff. William son of Robert de Northerhull sued Robert son of Osbert de Strangeshull for a messuage and two bovates of land in Strongeshull (Stramshall), and he sued the same Robert, called to warranty by Richard son of Walter Obernot, for two acres of land in the same vill, and in which they had no entry except by a demise which Robert de Northerhull his father had made to Henry le Denesone for a term now expired. Robert stated that Robert the father of William never was in seisin of the tenements, and appealed to a jury, which is to be summoned for a month from Michaelmas. A postscript shows the suit was adjourned to Trinity term, 24 E. I. m. 131, dorso.

Warw. A King's writ dated from Aberconewey 6th January, 23 E. I., orders the Justices to proceed with the suit of Nicholas son of Nicholas le Archer of Sybertoft versus Margaret la Rous respecting a messuage and two carucates and two virgates of land in Caldecote. The parties are therefore to be summoned for the Quindene of Trinity. m. 129, dorso.

Staff. Richard de Draycote withdrew his writ of entry against Robert Bek respecting tenements in Okton (Hopton) and Tene. m. 92, dorso.

Staff. William de Hambury gives half a mark for license of concord with John Pecok and Hawise his wife. m. 31, dorso.

Staff. Mabella formerly wife of Thomas de Melewych sued Eva formerly wife of Richard de Buterhale and Dionisia daughter of Richard de Buterhale for a third of a messuage and half an acre of land in Forbrugge; and she sued John son of Hugh Hache of Stafford for a third of a toft, which she claimed as dower. The defendants did not appear; and as the Sheriff is ordered to take the dower claimed into the King's hand, and summon them for the Quindene of Trinity. m. 23, dorso.

Coram Rege Roll. Easter, 23 E. I. (at Chester).

Staff. Hillaria de Harcurt appeared against Robert de Fraunkeville William de Fraunkeville, Henry his brother Stephen son of Alexander de Knyghton, Richard Cok, Wyman de Aston, Robert Brusewalle, Richard de Rugge, Thomas de Chatculne, Robert his brother, Stephen de Podemore, Henry his brother, Yevan le Waleys, and William le Ward of Schaldeford, in a plea of trespass. None of the defendants appeared, and the Sheriff was ordered to attach them, and returned they could not be found. He is therefore ordered to arrest them, if he can find them, and produce them at the Octaves of Trinity. m. 2.

Staff. Edmund the King's brother appeared against Simon de Jarpevoyle, John de Esseleye, John del Brok, William Gryffyn, Henry de Howenille, Henry de Wasteneys, Hugh le Fevre of Mucleston, Henry le Curzun, Roger de Lidington, Peter de Gresele, and Nicholas fitz Herbert in a plea that they had entered his free chase at Nedwode vi et armis, and had killed and carried away game and done other enormities to the damage altogether of £200. None of the defendants appeared, and their bail are in misericordiâ; and as regards John de Esseleye and Henry de Howell (sic) the Sheriff returned they were in Wales in the King's service, and he had done nothing as regards them. The Sheriff is in misericordiâ because they had produced no letters of protection, and he is ordered to put all the defendants into the exigend, and if they do not appear to outlaw them. m. 23, dorso.

Assizes taken at Wolvernhampton before Adam de Crokedayk and William Inge, Justices assigned, etc., in co. Stafford, on the Monday after the Feast of St. Michael, 23 E. I.

Staff. An assize, etc., if Richard de Thyknes, William de Podmor William de Thycknes, Richard son of Magister Richard de Thyknes, William son of William de Betteleye, Thomas son of Ughtred, and Eudo le Chapeleyn, had unjustly disseised Nicholas de Thyknes of a messuage and a carucate of land in Aldytheleye (Audley). None of the defendants appeared; and Richard son of Magister Richard was attached by John de Whytemore and Ralph brother of John; the others were not attached. The assize is therefore taken against them by default. The jury say the defendants, with the exception of Eudo, had disseised Nicholas as alleged. Nicholas is therefore to recover seisin, and his damages are taxed at 100s. m. 1.

Alice Durand, Licoricia Durand, and Matilda Durand, not appearing to prosecute their writ of novel disseisin against Geoffrey de Lilleshull and others, they and there sureties, viz., Nicholas son of Robert de Thickeness and Robert de Horseleya, are in misericordiâ. m. 1.

An assize, etc., if Roger Dobyn, William Hendy, Gilbert le Rede, Roger Hamond, Hugh Hendy, Roger Russel, Hugh de Kemeseye, John son of Gilbert le Rede, John son of Roger Russel, and six others, had unjustly disseised Hugh de Aldytheleye and Isolda his wife of sixteen acres of land in Arleye. Roger stated he held the tenement by certain service, and Hugh and Isolda had ejected him from it. Hugh and Isolda stated he held by villenage, and they had taken the land into their hands for a trespass he had committed, and it was in their hands until Roger and the others named had disseised them, and they appealed to a jury. The jury found in favour of Hugh and Isolda. William de Wythinton, William de Overton, Warine de Penne, Richard de Beckeburi of Oldynton, Adam le Freman of Oke, Thomas de Bradeleye, and Richard Dany of Rouley, recognitors, never appeared, and are in misericordiâ. The damages of Hugh and Isolda are taxed at 60s., and the said Roger Dobyn who was present in court was committed to prison, and the Sheriff was ordered to arrest the others. m. 1.

An assize, etc., if Richard son of Peter de Burton, William Costard, Chaplain, and John de Haselegh, Chaplain, had unjustly disseised Felicia formerly wife of Peter de Burton near Stafford of her free tenement in Forebryge near Stafford, viz., of a monthly rent of twelve bushels of mixtilon or of siligin (rye). An agreement was made by which Felicia was to receive twelve bushels each month for her life from the Hospital of St. John the Baptist near the bridge of Stafford. m. 1.

An assize, etc., if William son of William le Loverd (Lord), William de la Doune, Adam Organ, Richard son of William de la Doune, and four others, had unjustly disseised Hugh son of William le Loverd of Burton of an acre of moor in Burton. Richard son of William answered for all, and stated he found Margaret his wife seised of the land when he married her. The jury say that Hugh never was in seisin of the land. He is therefore in misericordiâ for a false claim. m. 1.

An assize, etc., if Roger the Bishop of Coventry and Lychefeld, Robert de Pype, and Roger de Aston had unjustly disseised Joan daughter of John le Clerk of Brocton and Mabel her sister of their common of pasture in seven acres of moor and heath in Brocton.

The same assize came, etc., if Roger the Bishop, Richard Bysshop, Walter Togod, Geoffrey Reyner, Robert Gerveys, and Robert Gronou, had unjustly disseised the same and Geoffrey son of Mabel de Brocton of common of pasture in seven acres of moor and heath in Brocton near Eccleshale.

Roger de Aston answered as the Bishop's Bailiff, and took exception to the writ because the plaintiffs held separately and not conjointly; and as they could not deny this, the suit was dismissed. m. 1.

Richard de Prestwode withdrew his writ of novel disseisin against Richard de Swyndon, Clerk, and others, respecting tenements in Kyngeswyne ford, Humeleye, (Himley), and Seggeleye. He and his sureties, William de Chetewynd and William Atte Shawe of Swyneford, are in misericordiâ.

An assize, etc., if Henry Finch the brother of John Fynch of Lychefeld was seised as of fee when he died, etc., of a messuage and thirty acres of land, an acre of meadow, and 16d. of rent in Morughale near Lichefeld, which William son of Adam Trumwyne and Lettice his wife hold. John afterwards withdrew his writ, and is in misericordiâ. m. 1.

Simon son of Thomas de Mulewych and Alice his wife, withdrew their writ of novel disseisin against Edmund Baron of Stafford and others respecting tenements in Mulewych (Milwich). He and his sureties, viz., William Gilberd of Stafford, and Simon son of Gilbert, are in misericordiâ. m. 1.

An assize, etc., if Alice formerly wife of John de Norton, William son of William de Kneyghton in Hales, Richard le Bret and Cecilia his wife, had unjustly disseised Adam son of William de Kneghton of his free tenement in Kneyghton (Knighton) in Hales, viz., of his sustenance in food and clothing, and a chamber, viz., of a robe and a tunic for summer (estivali), and two pairs of pannorum lineorum, two pairs of breechs (caligarum), and four pairs of stockings (socularum), of two lynchecaminibus, and the grass of the fourth part of an acre of meadow for the sustenance of a horse, and of a cloak (capet) every third year, and the produce of an acre of wheat each year at the choice of the said Adam, and his expenses when employed on his own business, and he produced the following deed of William the father of the said William: Notum sit omnibus, etc., quod ego Willielmus filius Willielmi de Knitton fide bonâ etc., obligavi pro me et heredibus meis Adæ fratri meo omnia necessaria sua omnibus diebus vitæ suæ pro terrâ suâ quam habuit in villâ de Knitton, ita scilicet quod ei inveniam victum honorabilem pro quolibet die vitæ suæ et unam cameram et vestitum honorabilem tam ad corpus quam ad lectum scilicet in die Omnium Sanctorum cujuslibet anni unam robam honestam, et unum par linearum, et duas caligas, et duos soculares, et in die Purificationis Beatœ Mariœ duos soculares, et in die Paschœ cujuslibet anni unum tunicam de estate et unum par linearum, et duas culigas et duas soculares, et unum lyncheam, et in die Sancti Johannis duos soculares; et unum pratum jacentem inter molendinum de Wininton et molendinum de Bewardistre, et totum segetum super meliorem acram meam crescentem per quemlibet annum in autumpno et foragium uno. . . et semper in tertio anno unum capetum. Et quando in negotiis suis in alienis partibus ire voluerit inveniam ei expensas rationabiles. Et si ita contingat me infatis descedere ante fratrem meum Adam quod heredes mei et quiscunque dictam terram quacumque modo tenuerit omnia prescripta plene et fideliter dicto Ade invenient. Et ad omnia predicta fideliter observanda ego dictus Willielmus fidei religione me astrinxi subjiciens me jurisdictioni et cohercioni Vicecomitis Stafford, etc. Alice and the other defendants appeared and stated they did not hold the meadow for which Adam claimed the herbage, and that Adam never was seised of the expenses he claimed for his own business nor of the robe. The jury found that none of the defendants held anything in the meadow from which Adam claimed the grass, and he was never in seisin of the expenses he claimed, nor of the robe, but only of a tunic annually and an over tunic (supertunica); but they say that he had not received the other things named in the deed; and whereas the said William son of William was viewed in Court, and is evidently under age, and he holds two parts of the said tenements, and the deed of feoffment was produced which the said Adam had made to the said William his brother of the said tenements, and in which it was contained that the same William and his heirs should hold the tenements for the service of a farthing in lieu of all service, no express mention was made in it of the said estovers for which the tenements were obligata for the payment of the said estovers, but only of certain persons, a day is given to them to hear judgment at Westminster before the said A. and W. (fn. 1) (In the margin are the words, "Westm. ad judicium dampna sua xx. s., et Adam ponit loco suo Adam Swynesheved.") m. 1, dorso.

An assize, etc., if Henry son of Robert, son of Godefri, and Nicholas Dravel, had unjustly disseised Robert Damyot of Derby of a messuage in Alveton.

Henry stated he entered through Nicholas, and Nicholas stated he entered by virtue of a feoffment made by Robert. The jury found in favour of Henry and Nicholas. John lord of Prestwode, William Phelip of Tene, Henry son of Ralph de Alstanesfeld, Richard de Berdemore, Geoffrey de ductu in Denston, Ralph the Smith (faber) of Chedle, recognitors, never appeared, and are in misericordiâ. m. 1, dorso.

William le Ken of Knyghteleye withdrew his writ of mord ancestor against Henry de Heckstal and Julia his wife. He and his sureties, viz., Robert de Coton and Thomas de Whynton, are in misericordiâ. m. 1, dorso.

Perambulation made by Adam de Crokedayk, William Inge, and Malculine de Harleye between the land of John Tresel in his manor of Tresel in co. Stafford, and the land of the King in his manor of Claverleye in co. Salop upon the Heath of La Rugge, on the Sunday after the Feast of St. Michael, 23 E. I.

The King sent his writ in these words. Here follows the King's writ to those named above, stating that upon the requisition of John de Tresel the King had appointed them to make a perambulation: "We therefore command you on a certain day to be fixed, you go in person to the said heath and on the oath of forty-eight Knights of the counties of Worcester and Warwyk, Salop and Stafford, viz., twelve from each county, you make the said perambulation by the ancient metes and bounds, and return the same to us at our next Parliament after Easter. Dated from Canterbury, 23rd December, 22 E. I."

Upon this, the Sheriffs of the above-named counties (fn. 2) were ordered to summon before the said Justices on the said Heath of La Rugge (Rudge Heath) on the Sunday after the Feast of St. Michael, 22 E. I., twenty-four, of which twelve at least should be Knights girded with the sword (milites gladio cincti); on which day the perambulation remained over owing to defect of Knights ; and the Sheriffs were ordered to summon them again for the Saturday after the Feast of Trinity; on which day the Justices did not come, and orders were sent to the Sheriffs (of Salop and Stafford) to summon twenty-four, of which twelve at least were to be Knights, on the Sunday after the Feast of St. Michael in this year; on which day the said Justices came on the heath, and there appeared also William de Stafford, William de Mere, Robert de Bromlegh, Richard de Kavereswalle, Henry de Kavereswalle, Robert de Knytelegh, Ralph Basset, Hugh de Weston, Henry de Morf, Thomas de Luttelegh, Roger de Swynnerton, and Geoffrey de Gryselegh of co. Stafford and Ralph Sprenghose, Robert Corbet, Walter de Hopton, William de Huggeford, Ralph de Sandford, Peter de Eyton, Richard de Leython, William de Ercalawe, Ralph de Arras, Ivo de Clynton, William Randolf, and Fremund de Erdynton of co. Salop; and Nicholas de Oddyngeshales, Henry de Egbaston, William de Bracebrugge, Thomas de Wolveye, John de Somerville, Peter de Wolwardynton, Gerard de Camville, Robert de Val, Richard de Folwode, John Wodard, Robert de Kyngesford, and Jordan de Etteleye, of co. Warwick; and Robert de Bracey, Henry le Walys, William le Power, William Fokeran, Adam de Elonbrugge, Thomas de Stone, John de Kent, Thomas de . . ley, Stephen de Bosco, Walter de Wytelynge, Richard Oliver, and John de la Berewe, of co. Wygorn; who said on their oath that the bounds between the counties of Stafford and Salop, i.e., between the land of John de Tresel in his manor of Tresel in the co. of Stafford, and the land of the Lord the King in his manor of Claverleye in co. Salop, begin at Bekwyneburynesse, passing by the summit of Rugge as far as Wytemereswey, and from Wytemereswey as far as Puttes, and from Puttes to the road which runs from Aston, as far as Seysdonwey, always upon la Rugge; and from Seysdonwey le Condes as far as the foot of Aguardescastel, and from Aguardescastel as far as the corner by the high road as far as Schupelefeldes, and from the corner of Schypelefeldes by another road which leads towards Wolverhampton as far as Wyteweresmere; and this perambulation under the seals of the four principal Knights of each county, together with the King's writ, was delivered into the Chancery by the said Adam de Crokedayk. m. 1, dorso.

Banco Roll Michaelmas, 23 E. I.

Staff. The Sheriff was commanded to distrain Geoffrey son of Elyas de Tillington, Richard le Reniyd, Robert de Foryate, Richard de Secheville and Isabel his wife, Robert the Smith and Isolda his wife, Thomas Garbod, Robert Dych, John son of Walter de Pylkestok, John le Gaunter, James Slomyn, John de London, William the Smith, Stephen Attestone, Margaret Schomyl, and Juliana le Freman, and to produce them at this term to acknowledge by what service they hold their tenements in Tillynton, which services the said Thomas (fn. 3) (sic) had conceded in the King's Court to Simon son of Roger de Newport of Stafford by a fine levied between them. And Thomas Garbod, Robert Dych, John son of William de Pylkestok, William the Smith, and Stephen Attestone now appeared; and John son of William was viewed in Court, and was under age; therefore let the suit as against him remain till his full age; and the said Thomas, Robert, William, and Stephen performed homage. The Sheriff is ordered to distrain the others, and produce them at the Octaves of Hillary. m. 5.

Staff. Richard de Cavereswelle sued Joan formerly wife of William de Cavereswell for a debt of £35, and she did not appear. To be attached for the Octaves of Hillary. A postscript states that she did not appear at that term, and was attached for Trinity term, when she did not appear, and the Sheriff had done nothing and sent no writ. She is therefore to be attached for the morrow of All Souls, and the Sheriff to be summoned. m. 32.

Staff. Christiana formerly wife of Hamon de Honyle sued Thomas de Wovere for a third of two acres of land in Onyle (Onneley); and she sued Adam de Wulfhull and Mabel his wife for a third of two acres in the same vill; and she sued two tenants in Weninton (Winnington) in Hales for a third of their holdings as her dower. None of the defendants appeared, and the Sheriff is ordered to take the dower claimed into the King's hand and summon them for the morrow of St. Martin. m. 34.

Staff. Hugh de Wyvereston sued Peter son of Robert Aleyn and Roes his wife, Magister Richard le Taylur and Pavia his wife, in a plea that they should acquit him of the service which Robert Hastang claimed from him for the free tenement he holds of them in Hulcote (Hilcote), in which they are mesne tenants between him and Robert. They did not appear, and are to be attached for the Quindene of Hillary. m. 34.

Staff. Magister John de Cadamo, Prebendary of the free Chapel of the King in Wolverhampton, appeared against Richard de Rossale, Reginald Fraunceys, Felicia Fraunceys, William son of John del Pipe, Agnes formerly wife of John del Pirie, John in the Lane, Richard of the Hethe, William son of Adam de Smalhethe, Nicholas son of Laurence, Nicholas de Trescote, Richard son of Gervase, and Richard son of Petronilla, in a plea that they should appear before a jury to determine whether nine acres and a rood and a half of land in Wolvernehampton held by them was free alms belonging to his prebend, or the lay fee of the said Richard and others. They did not appear, and are to be attached for the Quindene of Hillary. m. 46.

Staff. Mabel formerly wife of Thomas de Melewych recovers dower, viz., a third of a virgate of land in Melewych (Milwich), against Simon son of Thomas de Melewych, through default of the latter. m. 107.

Staff. Richard son of Philip de Draicote was sued by Robert Bek for causing waste and destruction in the lands, woods, and houses, and gardens in Thene (Tean) and Hopton, which he held by courtesy of England; and he stated that the said Richard held the manor of Thene and two carucates of land in Hopton near Stafford by courtesy of England of the inheritance of the said Robert, and he had caused waste by pulling down or selling seven houses each worth 20s., and by cutting down three hundred oak trees in Thene worth each 2s., and forty oaks worth each half a mark, and for which he claimed £20 as damages.

And Richard denied he had caused any injury, and stated that one Orabel the wife of William Wyther was dowered from the said tenements in Thene and Hopton, (fn. 4) and similarly one Margaret Trussel was dowered from those in Thene, (fn. 5) and the damage had been done by them whilst they held the land in dower, that they had cut down timber in the woods at their will, and had pulled down houses and sold the material, and had built houses elsewhere from the timber; and he stated also that one Roger de Caverswell, the Parson of the Church of Checkeley, and the Prior of St. Nicholas near Stafford, had reasonable estovers in the said woods, and had caused much waste, and he appealed to a jury. The Sheriff is therefore commanded to go in person and summon a jury on the spot, and return by inquisition the amount of waste on the Quindene of Hillary. m. 112.

Salop. Thomas de la Hyde and Isolda his wife, who was executrix of the will of Geoffrey le Orfeure of Lodelowe, (fn. 6) sued Robert le Estrange, Walter de Pedwardyn and Elizabeth his wife, for a sum of £52, and they sued Walter and Elizabeth for a sum of £14 in addition. The defendants did not appear, and are to be attached for the Octaves of Hillary. m. 116.

Derb. Henry son of William le fitz Herbert and Margaret his daughter are in misericordiâ for several defaults (of appearance).

The said Henry and Margaret were summoned to answer John son of Henry de Chaundoys, and Robert de Stafford, in a plea that they should give up to them Roger the son and heir of John de Acovere (Okeover), whose wardship belongs to them, inasmuch as the said John de Acovere held his land of them by Knight's service (per servitium militare); and they stated that the said John de Acovere held of the said John and Robert the manor of Attelowe by military service, viz., by homage and the service of one Knight and 40s. for a scutage of 40s. when it should fall due, and also by the service of 20s. per annum; and the said John had died in seisin of the said manor and in the homage of the said John (de Chandos), because he was the elder coparcener, and for that reason the custody of the said Roger belonged to the said John and Robert; and Henry and Margaret had deforced them of the wardship, and for which they claimed £20 as damages.

Henry stated he made no claim to the wardship, and Margaret answered for herself and stated she made no claim except as a kind of nurse (preter quam nutriculam tantum), and because John the father of Roger held the said manor in soccage, viz., by the service of 11s. annually for all service, and not by military service, as John and Richard asserted; and she appealed to a jury. The Sheriff is ordered to summon a jury for the Octaves of the Purification. m. 149.

Warw. Ralph Basset of Sapecote appeared against Theobald de Neville, Agnes de Somery, Walter de Aylesbury, Robert Arthur the Parson of the Church of Brightwalton, William Parson of Forton, and Roger the Chaplain, executors of the will of Roger de Somery, in a plea that together with William de Bereford, another executor, they should give up to him Amabel the daughter and heir of Ralph de Rokeby (Rugby), whose wardship belonged to him, because the said Ralph had held his land of Simon Basset the father of Ralph by military service. None of the defendants appeared, and are to be attached for the Quindene of Hillary. Theobald and Robert to be summoned in Leicestershire, and the ecclesiastics to be summoned by means of the Bishop of Chester, in whose diocese they held benefices. A postscript states that at the term named the Bishop sent no return, and a new writ was issued to the custodian of the Spiritualities, as the Bishop had died. m. 171.

Staff. The suit of Roger de Levynton and Petronilla his wife versus Juliana la Chenese of Weston and Vivian her son, for a messuage in Cherleton (Chorlton), is dismissed, the plaintiffs not appearing. m. 177.

Staff. William Wyther appeared against John son of John de Benetleye in a plea that he had abducted from Lichfield vi et armis Alan the son and heir of Robert de Acovere of Westbroghton, who was under age, and whose wardship and marriage belonged to him; and the Sheriff was ordered to find out where the heir was, and if within his bailiwick to produce him in Court. And John did not appear, and the Sheriff returned he held nothing within his bailiwick, but that he had goods and chattels in co. Derby. The Sheriff of Derbyshire is therefore ordered to attach him for the Octaves of the Purification; and as regards the heir, it was shown that he was living in Warwickshire. The Sheriff of that county is therefore ordered to produce him in Court at the same date. m. 222.

Staff. The suit of John de Arderne versus the Dean and Canons of St. Cedde of Lychfield for land in Elford is to remain over, because the Bishop had died, the defendants pleading they could not answer the writ without the Diocesan. m. 207, dorso.

Staff. Agnes formerly wife of Robert Elys sued John Giffard of Schilinton (Chillington) and Ada his wife for a third of a messuage and eighteen acres of land, and 2s. of rent in Chilinton as the dower of the said Ada (sic, Agnes). John and Ada called to warranty Peter son of Robert Elys, who is to be summoned for the Octaves of Hillary. m. 128, dorso.

Staff. Richard le Eyr sued William son of William de Knyghton for two parts of a messuage and a virgate of land in Knyghton near Wyninton; and he sued Richard le Brer and Cecilia his wife for a third of a messuage and a virgate of land in the same vill, of which William le Eyr his grandfather, whose heir he is, was seised in demesne as of fee when he died; and he stated William his grandfather was seised of the tenement in the reign of King Henry, the King's father, and from William the right descended to one Adam as son and heir, and from Adam to Richard, who now sues, as son and heir. The defendants appeared, and Richard and Cecilia stated they only claimed the dower of the said Cecilia of the inheritance of William, and called him to warranty; and William was in Court, and was evidently under age; and the suit is therefore to remain till his full age. m. 107, dorso.

Staff. John Huberd sued Richard de Wolvrenehampton for a messuage and a mill, and carucate of land in Sundrisshe (Sundridge, co. Kent), in which Richard had no entry except by Ralph de Hengham, to whom Robert le Blund had demised it, and who had unjustly disseised Hubert le Chaumpeneys the father of John. Richard called to warranty Ralph de Hengham, who was to be summoned in co. Stafford; and who now appeared and warranted the tenement to him, and denied that Robert had disseised the said Hubert, and appealed to a jury. The Sheriff is ordered to summon a jury for the morrow of the Purification. m. 79, dorso.

Staff. Robert son of Robert de Esnynton (Essington) sued Robert de Sewallefeld for a toft and half a virgate of land in Bissheburi, in which the said Robert de Sewallefeld had no entry except by a demise which Robert de Esnynton the grandfather of Robert, whose heir he is, made to William de Sondon for a term now expired. Robert de Sewallefeld prayed a view, and the case was adjourned to the Octaves of Hillary. m. 18, dorso.

Staff. Henry son of Roger de Caverswell was summoned by Richard de Creswell in a plea that he should render to him an account for the time when he was his bailiff in Creswell; and he stated that Henry had acted as his bailiff from the Feast of St. Michael, 6 E. I., until the same feast, 12 E. I., and had always refused to render any account to him, and for which he claimed £10 as damages. Henry appeared and stated that the tenements for which Richard claimed an account were held in soccage, and on the death of the ancestor of the said Richard, and when Richard was under age, one Mary his wife together with the said Henry had (three words illegible) Richard, inasmuch as the said Mary was nearest heir to Richard. (fn. 7) Richard denied this, and stated that Henry was in possession only as his bailiff, and appealed to a jury; which is to be summoned for the Octaves of Hillary. m. 1, dorso.

Footnotes

  • 1. i.e., Adam and William the Justices of Assize. The case had apparently been transferred to Westminster on a point of law to be heard before the Justices of the Bench. There is a previous suit arising out of the same transaction at p. 290, Vol. VI., of these Collections.
  • 2. i.e., Stafford and Salop. These were the two counties in which the Justices were taking assizes; the precepts to the Sheriffs of Warwickshire and Worcestershire would appear on other Rolls.
  • 3. This Thomas is not previously named.
  • 4. Orabel was the widow of Robert de Beck, lord of Hopton and Tean in 31 H. III. She appears also to have been the widow of a Draycote, and to have married William Wyther for a third husband. (Deeds in the Chetwynde MS., and Plea Rolls, Vol. VI.)
  • 5. Margaret Trussel was widow of Gilbert de Beck, lord of Tean, who was dead in 31 H. III. She subsequently remarried William Trussel. (Ibid.)
  • 6. Thomas de la Hyde seems to have married Isolda the widow of Geoffrey de Ludlow, who was one of the most prominent money lenders and usurers of the day. It was probably owing to this marriage and the wealth he acquired by it, that we find him afterwards warden of the Stannaries and Sheriff of Cornwall.
  • 7. Probably nearest of kin is meant. Sibilla one of the granddaughters and eventually a co-heir of Ralph de Dilhorn had married Richard de Cresswall (not Caverswall as stated in the suit of 21 E. I., p. 230, Vol. VI.), and had had issue another Richard de Cresswall, the plaintiff in this suit. Mary another co-heiress had married Henry de Caverswall, the defendant, and would thus be aunt of Richard. A suit in Banco, Mich., 10 E. II., shows distinctly that Sibilla married Richard de Cresswall and that Caverswall had been written in error by the Clerk of the Judges of Assize in 21 E. I.