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THE ^RECORD SOCIETY
IPubltcaKon of Anginal Z^ocumente
RJIL&TIHG TO
LANCASHIKE AND CHESHIRE.
VOLUME XLVII.
/
CALENDAR
OF THE
PRESERVSO IN THE
Publtc EecorH Office
LONDON
IN TWO PARTS
Part I.
Transcribed and Calendared
BY
COLONEL JOHN PARKER
PRINTED FOR
The Record Society
1904
8TANFQRO UNIVCR8ITV
LIBRARIC8
JAN - 8 1970
Cable of Contrnt£t.
PAGB
IITLR ... ... ... ... I.
Table of Contknts ... ... ... v.
Introduction ... ... ... ... vii.
Additions and Cokrkctioxs ... ... ... xxviii.
^art J.
Assizes taken at Lancaster, 4 John — 26 Henry III. ... 1-4
ASSIZE ROLL 1176. 23.49 Henry III.
Roll of the Grand Assize ... 5
ASSIZE ROLL 404. 30-31 Henry III.
Lancaster, 20 October 1246 ... ... 6- 119
Assizes taken at Lancaster, 40 Henry III. ... 120
Assize taken at Clitheroe, 42 Henry III. ... 120-121
Assizes taken at Lancaster, 46 Henry III. ... 121
ASSIZE ROLL 1196. 47 Henry III.
Guildford, 3 February 1262-3 ... ... 122-123
Assizes taken at Lancaster, 53 Henry III. ... 123
ASSIZE ROLL 1210. 55 Henry III.
Lancaster, 20 September 1271 ... ... 124
Assizes taken at Lancaster, 56 Hknry" III. ... 124
ASSIZE ROLL 1341. i Edward I.
De Banco Roll, 23 April 1273 ... ... 125-127
Assizes taken at Whittington, 3 Edward I. ... 128
ASSIZE ROLL 405. 4 Edward I.
Lancaster, 15 September 1276 ... ... 129-142
ASSIZE ROLL 1235. 5 Edward I.
Clitheroe, 24 May 1277 ... ... 143-151
ASSIZE ROLL 1238. 6 Edward I.
Lancaster, 15 September 1278 ... ... 152-172
ASSIZE ROLL 1239. 6 Edward I.
Lancaster, 15 September 1278 ... ... 173
ASSIZE ROLL 1244. 10 Edward I.
Manchester, 30 December 1281 ... ... 174-175
VI.
TABLE OF CONTKNTS.
?Part M.
ASSIZE ROLL 1265. 12 Edward I.
Lancastrr, 17 April 1284
Clithehok, 6 October 1284
ASSIZE ROLL 1288. 13 Edward I.
Lancaster, 22 April 1285
Whittington, 22 September 1285
APPENDIX I.
Schedule of Lancashire Assizes for which special
Justices were assigned, extracted from the Patent
Rolls, 1-57 Henry III.
APPENDIX II.
Fines and Amercements before the Justices in Gyre
in Lancashire, recorded on the Pipe Rolls of
Henry III. (No. 62 — No. 116)
APPENDIX III.
Schedule of Assize Rolls for Lancashire
page
176-184
184-194
195.210
210-217
218-253
254-305
306-342
General Index
343
INTRODUCTION. VIL
INTKODUCTION.
THE Assize Rolls now preserved in the Public Record
Office form a series of 1546 documents containing the
record of the work done by the successive Justices of the
King's Court Itinerant or in Eyre in the various counties, from
the time of John to that of Henry VI inclusive. Unlike the
Patent Rolls, whose membranes are joined end to end into
continuous and somewhat unwieldy rolls, each many yards in
length, the membranes or long parchment strips of which the
Assize Rolls are composed are bound together at the top, and
kept flat. They are in good condition and such membranes
as have been affected by damp are well repaired. The
penmanship is very neat and clear and the excellence of both
ink and parchment have enabled them to defy the ravages
of the centuries of neglect that preceded the removal of the
Records to their present home.
The Assize Rolls are now arranged alphabetically by
counties and numbered consecutively. The Lancashire Rolls
commence with No. 404 and (omitting No. 406) end with No.
453. There are also eight Duchy of Lancaster Assize Rolls,
numbered i to 8, of the time of Duke Henry, for the years
25 — 34 Edward III. These fifty-seven rolls, however, do
not represent all or even the greater part of the Lancashire
Assize Rolls. In the last 400 rolls of the series — formerly
classified as " Divers Counties " — are the records of numerous
Lancashire Eyres, boimd up, as originally sent in by the
Justices, with those of the other counties included in their
viii. LANCASHIRE ASSIZE ROLLS.
circuit. Only when the bulk of Assizes was very voluminous
does the Lancashire record appear to have become separated
from its fellows. The present Calendar — to 13 Edward I —
comprises but two of the Lancashire series against nine of
the Divers Counties ; and for the next six years — ^to
19 Edward I — ^we have but one of the former and $ix of
the latter series. The following year — 20 Edward I — is
represented by no fewer than nine Lancashire rolls of 402
membranes in all ; and, though some of these are duplicates,
this year is one of extreme importance to Lancashire history,
from the nature and amount of the matter recorded on its
Assize Rolls. It is hoped that the next volume of this
Calendar will include most, if not all, of this year's Assizes
and Pleas of the Crown ; as also such Lancashire cases as
appear on the Rolls of the Eyres in Yorkshire, Westmorland
and other counties, up to the same date.
Turning from the Assize Rolls themselves, let us now
consider what it is that they record. The administration of
justice in the thirteenth century is too large and intricate
a subject to be dealt with here ; yet some explanations are
needed to render intelligible the subject matter of this volume.
And here the Editor would beg to express his indebtedness to
that invaluable work, The History of English Law^ by
Professor Maitland and the late Sir Frederick Pollock, a work
wherein the legal intricacies of this period are fully discussed
and explained, and which has been of great assistcince in the
interpretation of these Assize Rolls.
A systematic visitation of the counties by Justices of the
King's Court was organized by Henry II in the early years of
his reign. Each party of these Justices Itinerant contained
usually, though not of necessity, one or more of the King's
permanent Justices and had assigned to it a definite sphere
of one or several counties ; the county of Lancaster being.
INTRODUCTION. ix.
as a rule, grouped with Northumberland, Cumberland and
Westmorland. In i8 Henry III, however, we find William
de Ebor and others commissioned to proceed on Eyre in
Lancashire alone ; and in 52 Henry III as many as ten
counties are comprised in the circuit of Gilbert de Preston
and his fellows. These Justices appear to have had power
to call in the aid of Associates and we frequently find local
magnates assisting them in their work : thus, in 6 Edward I,
John de Reigate and William de Northburgh associated to
themselves Ranulph de Dakre and Richard le Botyler, with
the object undoubtedly of completing as many Assizes as
possible before leaving the northern circuit. It has been
stated that these Eyres were held at regular intervals of seven
years, and elsewhere this may have been the case ; but in the
northern counties such regular visitations were impossible,
owing to the disturbed state of the country where, at this
period, peace was seldom of long duration — turbulence and
rebellion alternating with Scottish invasions. To the latter
we are indebted for the loss of some, at least, of the records
which were produced at these Eyres. Matthew de Redman,
who was Sheriff in 30 — 31 Henry III (the year to which we
owe that fine Assize Roll, No. 404), appears to have had a
most unpleasant time a year or two later, while one of the
Coroners for Lancaster, when his house was burnt down and
the Coroner's Rolls stolen. Here is the petition of his
grandson: —
A nre seinr le Rot ei a soun counsel/ prie soun liege vadlet
Maheu de Redmane si lui plest que come Mons Maheu de Red-
mane son Ael que dieux assoille qi heir fui un des coroners le
Roi en le comite de Lancaslr graunt temps dedens quen temps les
Escos venierunt en le dit comite de Lancastr ces est . . . an
manor de Yeland Redmane qe fut au dit Mons Maheu tt qe
est en Lonesdale en le dit comite^ pristerunt de lui ioutz ses
hiens et chatteux ensemblement oue toutz les Roules tochtnz
X. LANCASHIRE ASSIZE ROLLS.
Voffice de Coronner et arderunt la dite vitle et tout le pays entour,
parquoi le dit Maheu prie la grace nre seignr le Roi qil ne
soit empeche en temps de Heyr pur les Routes avantdits desicome
tout le pays set le mischef et qe la defaute qe les Rules furent per-
dutz ne fut la defaute de Coronner, (Ancient Petitions, Bundle 136,
No. 6/pp).
As Matthew de Redman, the grandfather, died before
1254 and Henry, his son and successor, lived until the autumn
of 1278, the absence of the Coroner's Rolls seems to have
passed unheeded for many years, smd the Justices in Eyre
during that period must have overlooked them. In 1292,
however, the Justices held a very strict enquiry into every
detail connected with the county and to this we probably owe
the above Petition.
In another of these Petitions (No. 6816) Amabel late the
wife of Matthew de Redman (the grandfather) gesl du Comite
de Westmerl gest ars et destrut par les enemis Descose
complains that she cannot bring to a close an Assize of Novel
disseisin which she brought against Henry de Redman (her
son), Roger de Cornethwayt and others, touching a certain
tenement in Yeland, because the Justices assigned come so
seldom to those parts ; smd she asks for Justices especieux,
namely Edmund de Nevell, Adam de Skelton, Gilbert de
Syngelton and Robert de Shyreburn, or two of them. These
four names fix the date of the Petition as about 1 296, or even
later ; and, as Amabel would be then a very old woman and
her son Henry had long been dead, her complaint cannot
be thought unreasonable. The views of Dame Amabel were
shared by numerous other litigants, tor judge from the ever
increasing number of cases for which special Justices were
commissioned towards the end of the reign of Henry III — a
schedule of which will be foimd on pp. 219 — 253. Seven-
tenths of the Patent Roll for i Edward I are filled with these
INTRODUCTION. XL
appointments. The Special Commissions appear to have been
directed to four local magnates during the earliest years of
Henry III but cifter 1253 that system became rare, and it
was the general rule to appoint one or more of the regular
Justices to take these Assizes. Abstract of two such cases
will be found on pp. 121 — 124; possibly laborious research
might bring others to light
Omitting Eyres of the Forests, which deal chiefly with
Forest trespasses and hardly come within the scope of this
volume, the following list, compiled from Mr. Farrer's
Lancashire Pipe Rolls^ comprises probably all that now
remains on record of the visits of Justices Itinerant to
Lancaster during the reigns of Henry II and his two sons.
i. 1166-67. The Earl of Leicester, then Chief Justiciar of
England, sent John Mauduit and William Fitz
Martin to Lancaster on the King's service 5
probably to take Assizes, as nearly every part of
England was visited by Justices in Eyre this
year. (^Pipe Roll, 13 Henry II, No. ij),
ii. 1184-85. Godfrey de Lucy and his associates, Hugh de
Morwich, Robert de Vaux and Hugh Murdach,
were in Eyre and took Crown Pleas &c. in
the counties of Northumberland, Cumberland
York and Lancashire this year. {Pipe Roll,
ji Henry II, No, ji).
iii. 1187-88. Godfrey de Lucy, Joscelin, Archdeacon of Ciren-
cester, and William le Vavassur took Pleas of the
Crown in Lancashire this year. {Pipe Roll,
34 Henry II, No. 34).
iv. 1194-95. Reginald le Bigod, Ralph, Archdeacon of Hereford,
William de Glanville and Ralph de Ardern were
in Eyre in this county and took Assizes &c.
{Pipe Roll, 7 Richard I, No. 41).
xii. LANCASHIRE ASSIZE ROLLS.
V. 1 202, October 26 — ^November 7. Assizes were taken before
John, Bishop of Norwich, Hugh Bardulf, John de
Gestling, Master Roger Arundel and William
Fitz Richard. {Vipe Roll, 4 John, No, 48:
Lancashire Fines, j-io, 12-21, 2j-j2, J5).
vi. 1205-6, February 26. Robert de Vipont and his fellows
took Assizes at Lancaster the Justices named in
the Fine of this date being Simon de PateshuU,
James de Poterne and Richard de Mucegros.
{Pipe Roll, 8 John, No, 52 : Lancashire Fine 41),
vii. 1208, October 5 — December 7. The Justices in Eyre at
Lancaster were Simon de PateshuU, Adam de
Port, Henry Fitz Hervey, Robert de Percy,
Alexander de Pointon, Henry de Northampton,
Ralph Hareng and Geoffrey de Lisle, or some
of them. {Pipe Roll, 11 John, No. $$ : Lanca-
shire Fines 50, 51,53-5^^ ^o)-
viii. 1210-11. The Pipe Roll contains a note of 59^ marks paid
into the Treasury in 25 tallies as the amerce-
ments by Saier, Earl of Winchester, and his
fellows, who evidently took Assizes at Lancaster
this year. {Pipe Roll, ij John, No, 5/).
It is much to be regretted that the Assize Rolls of these
early Eyres have vanished so far as Lancashire is concerned.
A few such rolls for other counties are extant, in some of
which are to be found Lancashire cases. Assize Roll 1039,
for instance, a Yorkshire roll for 13 John, contains several
Lancashire entries ; among them an interesting dispute as to
the Church of St. Helen of Grostein [Garstang], claimed by
the King as a chapel belonging to the Church of S. Michael-
on-Wyre, which was in his gift. But, apart from these
INTRODUCTION. XIIL
scattered cases, thirty-seven Final Concords and a few
amercements etc entered on the Pipe Rolls, tlie earlier
Lancashire Assizes have passed into oblivion.
When we come to the next reign, Henry III, our Assize
records are but little better. We have, it is true, one excel-
lent and complete Assize Roll (No. 404) for Michaelmas 1 246
— complete not only as to the Assizes but also comprising the
Crown Pleas which are missing on so many other rolls — ^yet
this is only one roll for a period of fifty-seven years, and
represents but one out of the eight Eyres held at Lancaster
during this reign. These Eyres were as follows: —
ix. 1 218-19. January 16 — February 4. Eyre of Philip de Ulcot,
Thomas de Muleton, Ralph de la Ferte, William
de Vemun and Laurence de Wilton, clerk.
(patent Roll, j Henry III, m. i: Pipe Roll,
J Henry III, No, 6j: Lancashire Fines,
Henry III, 1-4).
X. 1226-27, January 14-20. Eyre of Martin de Pateshull, Ranulph
Fitz Robert, Brian Fitz Alan, William de L'Isle,
Richard Duket and John de Lacy. (Patent Roll,
10 Henry III, iw. 2d: Pipe Roll, 11 Henry III,
No. yi : Lancashire Fines, Henry III, 12-28),
xi. 1235, May 13-19. Eyre of William de Ebor, Roger Bertram,
Robert de Ros and Richard de Levington.
{Patent Roll, 18 Henry III, m. yd, : Pipe Roll,
IQ Henry III, No. yg : Lancashire Fines,
Henry III, 34-62),
xii. 1 241, November 12-25. Eyre of Robert de Lexinton, Ralph
de Sulleg, William de Culeworth and JoUand de
Nevill. {Pipe Roll, 26 Henry III, No, 86:
Lancashire Fines, Henry III, 66, 6Q-g8 : Kirk-
stall Coucher Book, 2j, 24: Assize Roll, iiy6,
m. 5).
XIV. LANCASHIRE ASSIZE ROLLS.
xiii. 1246, October 20-27. Eyre of Roger de Thirkelby, Gilbert
de Preston, Master Siinon de Wauton and John
de Cob ham. (Assize Roll, 404: Pipe Roll,
32 Henry III, No. g2 : . Lancashire Fines,
Henry III, loi, 103-127),
xiv. 1256, June 18— July i. Eyre of John, Abbot of Peter-
borough, Roger de Thirkelby, Nicholas de
Hadlon and John de Wyvyle. (Patent Roll,
40 Henry III, m. i$d: Pipe Roll, 41
Henry III, No. loi : Lancashire Fines,
Henry III, 141-160).
XV. 1 261-2. February 9 — March 2. Eyre of Walter de Helyon,
John de Oketon, Peter de Chester and William
de Northburgh. (Assize Roll 1238, m. 31 and
405, m. 2d: Lancashire Fines, Henry III,
i6y-i8i : Pipe Roll, 12 Edward I, m. 26).
xvi. 1 27 1-2, February 3. Eyre of Peter de Chester and his
fellows. (Assize Roll 126$, m. 4).
Justices-in-Eyre were detailed to visit Lancaster in 1269,
but there is no record of any such visit and probably it never
occurred, for reasons given elsewhere (p. 123). The Sheriff
did not account for amercements made at the Eyre of 1262
until twenty-two years later. Our knowledge of the Eyre of
1272 is derived solely from a reference in the Assize Roll for
1284 to an agreement then made about the demolition of a
fence! Of amercements and sums tendered by way of fine,
etc., we have fairly full lists up to 46 Henry III in the Pipe
Rolls (Appendix II) but for the last ten years of his reign
these rolls contain no Lancashire entries.
Apart from the above, two records classified as Assize Rolls
contain Lancashire entries, temp. Henry III. A.R. 11 76 is a
Roll of the King's Court, being a " Roll of the Grand Assize "
INTRODUCTION. XV.
from 1238 to 1264. There are Lancashire cases under the
years 1242 and 1258 (p. 5). A.R. 1196 contains Pleas de
diver sis comitatibus taken at Guildford in 1263. The two
Lancashire items both refer to Forest matters (p. 122).
From the evidence at our disposal we gather that up to
this period — the end of the reign of Henry III — it had been
the custom of the Justices Itinerant to visit Lancashire once
only during their Eyre ; they spent about three weeks at
Lancaster and there exhausted the Assizes and Crown Pleas
which had accumulated since the preceding Eyre, some seven
years before, besides conducting the various Inquisitions etc.
specified in the Articles of the Eyre. An Eyre superseded
everything else ; the Justices in Eyre disposed not only of
all the Assizes for which Special Justices had been commis-
sioned, but also of those which would have been taken by the
King's Court. The Assize Roll for Michaelmas, 1246, shows
how thoroughly their work was done. Out of 261 Assizes,
we find judgment delivered in 129; in 48, the parties come
to terms; in 64, the plaintiff either does not prosecute or
gets leave to withdraw; 14 cases only are adjourned — 8 to
York or Appleby to hear judgment (within a month) ; i to
Westminster ; i to the next Eyre ; 3 sine die till one of the
parties comes of age ; I for Trial by Combat ; in 6 cases the
record is incomplete. Here there are but few signs of the
dilatory adjournments and essoins which hampered the Justices
of Edward I. But the ever increasing numbers of Special
Commissions indicate the inadequacy of the Eyre system of
Henry III. Litigation was undoubtedly growing in popu-
larity — a tendency naturally encouraged by the King, who saw
in it not only a bulwark against the pretensions of his Barons,
but also a sure source of revenue. Disputes and actions must
constantly arise ; let them be settled by the King's Justices,
not in the Manor Courts, and let the King's Exchequer profit
xvi. LANCASHIRE ASSIZE ROLLS.
by the fines and amercements. The proceeds of the Lanca-
shire Eyre of 1262 amounted to 863/^*. 12s. ^d, — ^a sum which
points rather to the quzmtity of business transacted than to
the costliness of the litigation or magnitude of the amerce-
ments. To cope with the increasing volume of Assizes and
other work, combined with a development of legal processes
ever tending to retard the issue, some modification of the
existing Eyre system was demanded.
Accordingly, we find, on the loth July 1273 (i Edward I),
two Justices — ^John de Oketon and Elias de Beckingham — ^in
pursuance of their appointment by Patent as Justices, assigned
to the counties of Nottingham, Derby, Lancaster, Cumber-
land, Westmorland, Northumberland and Lincoln, to take
Assizes, Juries and Recognitions. No Assize Roll now exists
to record their work in Lancashire, but on the Patent Roll
for I and 2 Edward I they are commissioned to take a large
number of Assizes there. They were succeeded in 1274 by
Charrun and Northburgh, who were appointed to take the
Assizes and Attaints which still remained to be taken before
the King's Justices in those counties, and the county of York
was added to the circuit. On the 24th November 1275
John de Reigate took the place of Guichard de Charrun who
was wanted elsewhere. On 24th April 1279 Reigate and
Northburgh were appointed Justices Itinerant for Common
Pleas in Kent, Surrey, etc., and their place in the North was
taken by Geoffrey Aguyllun and Alan de Walkingham.
There is no Roll of the Assizes taken by Charrun and
Northburgh, but we know that they were hearing a case at
Whittington early in 1275, and a large number of special
commissions were directed to them that year.
Of the work of Reigate and Northburgh we have four
Assize Rolls, one a duplicate, from which it appears that they
were in the habit of visiting Lancashire once or twice yearly,
INTRODUCTION. xvii
and that they held Assizes not only at Lancaster but also at
Clitheroe zind probably at Whittington. The following
places and dates are recorded : —
1276. September 15, at Lancaster. (Assize Roll 405),
1277. May 24, at Clitheroe. (Assize Roll 12J5).
1277. October 6, at Clitheroe. (No Assize Roll).
1278. September 15, at Lancaster. (Assize Rolls 1238-g),
It is interesting to note the amount of work done by these
Justices in the year 1278 — the last year of their tour in the
north, as given on Assize Roll 1238: —
1277-8. January 7, at York.
January 10, „ Clifton in the Liberty of Byland.
January 14, „ Doncaster.
January 20, „ Blyth, Nottingham.
January 27, „ Lincoln.
February 5, „ Newark.
1278. June 22, „ Appleby.
June 26, „ Carlisle.
July 3, „ Newcastle-on-Tyne.
July 17, „ York.
July 26, „ Blyth.
July 31, „ Hyrst, Derbyshire.
August 2, „ Lincoln.
September ij, „ Lancaster.
September 22, „ Kirby Kendal.
„ October 3, „ York.
There must have been aiirears of work at York for, at
their October visit, they were assisted by Geoffrey Aguyllun
and William de Saint Quintin. The Assize Roll recording
the above year's visitation contains forty-one large mem-
branes; the duplicate Roll (A.R. 1239) contains forty-three.
»
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Tbe wfJcriaDg^ of tin? ri^arin^ onier en tfiar bst Asszze
RoQ aajr be noted r —
ISt f 4Kk S<& cfe next cam^ if Ae Jaados of ^
'LsDcasier^ fBi:e» Jofeo cSe Revise ani WSsm de Xdvdibafigh
CMae int to dme fans.
Tim ceitaizily mdicatfs tbat 2 legnlar Eyre w^s diortly
expected in Lancashire
After ths? deportore of Rebate and Xorthbargh. Geoffrey
Agaylkm and Alan de WaBdngham were axninissioDed to
take Assizes in Lancashire bat, bev-ond a nodce 00 AR. 1244
of an As»ze taken before them at Lancaster on some dav in
1280 or 1281, and of another case at CHtheroe (p. 200), no
record of their work existSL By Patent dated at York,
12 January 12 Exlward I (1283-4), John de Reigate and
Geoffrey AguyHvai were appcnnted to take all Assizes, Ceiti-
fications and Attaints arraigned before the said Geoffrey and
Alan de Walkingham which had not ^-et been taken by
reason of the death of the said Alan, in die counties of York,
Lancaster, Northtimberland and Westmorland From this
period our rolls re-commence, and record the following visits
to Lancashire: —
Assizes at Lancaster ^A.R. 126^).
,, ,, CHtheroe (A.R. 126^).
„ ,, Lancaster (A.R. 1268).
Whittington (A.R. 1268),
Clitheroe (No Assize Roll).
1285-6. January 20, ,, ., Clitheroe (No Assize Roll),
The last date is that to which several Assizes were respited
from Whittington in the previous September, but it is
uncertain whether any Assizes were taken by Reigate and
Aguyllun after October 1285 ^^ Lancashire. At Epiphany
1285-6, Nicholas de Stapleton began his visitation at York
1284,
April 17,
1284,
October 6,
1285.
April 22,
1285,
SejHember 22,
1:285,
Ocifjher 6,
If ?>
If f1
«•%».
INTRODUCTION. xix.
(A.R. i2yi\ and he cind his associates proceeded to Whitting-
ton in September 1286, thus taking the place of Reigate and
Aguyllun with whose departure from Lancashire this volume
of Assize Rolls ends. It will be observed that during the first
thirteen years of Edward's reign we have no record of an
Eyre, in the strictest sense, having been held in Lancashire.
The Justices, whose visits have been traced, are commissioned
to take Common Pleas only. They are assigned to this and
neighbouring counties to deal with civil actions, which other-
wise would have been taken to Westminster or awaited
the arrival of zm Eyre. There was an Eyre in Northumber-
land in 7 Edward I — zmd evidently one was expected that
year in Lancashire ; but if any such was held it has left no
record.
The duties of the Justices in Eyre were onerous and by
no means confined to the trial of civil actions. They were
commissioned to take all Pleas — Pleas of the Crown as well
as Common Pleas — and, in addition, were furnished with a long
list of interrogatories called the Articles of the Eyre (Capitula
Itineris\ to be zmswered by the Juries of the various wapen-
takes and boroughs. This list of questions grew longer with
each successive Eyre and we have on pp. 63 — 129 a good
sample of the information elicited.
When we have put on one side the questions that deal with the
felonies, we still have before us a miscellaneous mass. We find,
however, three main groups of articles. One consists of those
which desire information about the king's proprietary rights,
escheats, wardships and so forth. These do not lead to any
punishment or any trial. Information is all that is wanted ; it will
hereafter be used in various ways. Another group asks for tales
about the assumption or misuse of "franchises." Here again, as
a general rule, information is all that is immediately wanted.
When the justices' rolls come to the king's treasury, his advisers
will consider whether writs of Quo warranto should not be issued
XX. LANCASHIRE ASSIZE ROLLS.
for the recall of liberties that have been abused. A third and a
large group of articles relates to the official misdoings of royal
officers, sheriffs, coroners and bailiffs." {History of English Low,
Vol. II, p, 5^/).
A very large sum was collected by the Justices from the
various wapentakes, boroughs and vills, for failure to present
or to arrest wrongdoers. It must have been a rare occurrence
for a suitor to appear in court without being amerced. Even
in a case of accidental death there is money to be made out
of somebody. The Prior of Hornby is killed by a fall from
his horse : a man who was present fails to attend the Eyre ;
he is fined, and his two sureties with him — ^and others are
amerced for putting a wrong value on the horse ! In another
case, the horse and its rider are both drowned — but the value
of the horse's hide goes into the Exchequer. Indeed, so
general are these amercements that it has been found unneces-
sary in most instances to insert them in tliis Calendar. This
refers especially to sureties, who are never named except to be
fined or, to be more correct, put in mercy.
The numerous appeals for felony in 1246 indicate the
lawlessness of the country at that period. In the majority of
serious cases the accused has fled and is outlawed. The fate
of an outlaw when caught at Lzmcaster is swift ; nor has the
thief taken with the mainour a better time ; the one is
beheaded straight away, the other hanged. Offences against
property are dealt with far more severely than offences against
the person. Except in very serious cases, if the accused is
convicted he is committed to prison and then compoimds for
his liberty by a small fine; 40J. seems the ordinary smn
accepted. In the case of an acquittal it is the appellant who
suffers, and if the losing party is poor the fine is excused and
generally he is released. The Pleas of the Crown at Lan-
caster for 1246 compare favourably, both in nature and
INTRODtJCTION. XXL
number, with those taken at Newcastle ten years later. We
find thirty-six appeals of murder at Lancaster against seventy-
seven at Newcastle, and other serious crimes are in proportion ;
but only in rare instances are the culprits brought to justice.
The other business of the Eyre — the Common Pleas —
less remunerative, no doubt, to the Exchequer of the day,
but far richer in treasures for the historian zmd genealogist —
has been so amply discussed and explained in The History
of English Law, that it would be superfluous to enlarge upon
it here. Examples will be found in this Calendar of almost
every form of action and mode of procedure known to the
thirteenth century Justice. The ordeals of fire zmd water have
vanished before our Assize Rolls commence; but we have
the Writ of Right y when the simple question — ^has Adam de
Pemberton or Peter de Bumhull the greater right to 200
acres in Pemberton ? — is decided by a combat in which Adam's
champion is worsted. In another case the defendant, Richard
son of Avice, exercises his right of appeal to a Grand Assize,
and four knights are sworn zmd choose twelve other knights
to form a Jury; whereupon Thomas Bussel, the plaintiff,
discreetly comes to terms with his opponent and the case is
settled. Of the petty Assizes — -the Assize Utrum^ the Darrein
presentment, the Novel disseisin, the Mort d Ancestor — ^the-
instances are many, especially of the two last. The two
former, though not so numerous, deal with the advowsons zmd
glebe of mzmy of the most important parishes in the county.
In these four Petty Assizes proceedings were begun by
obtaining a royal writ, the cost of which seems to have varied
according to the purse of the applicant from half-a-mark to
20s. This writ directed an inquest to be held to answer a
particular question: — -Are 16 acres in Samlesbury free alms
belonging to Samlesbury Church or the lay fee of William de
Samlesbury ? Did Robert Banester or the Abbot of Cocker-
xxii. LANCASHIRE ^ASSIZE ROLLS.
Scind present the last parson to Wigan Church ? Did John de
Caton and others unjustly and without judgment disseise John
son of Simon de Caton of his common of pasture in Caton ?
Was Roger father of Richard de Worsley seised in fee at
the time of his death of 8 acres in Dalton which William son
of Odo now holds ? These are the simple facts which the
Assize comes to ascertain ; but the recognitors are not always
allowed to tackle the main question. Disputes as to matters
of fact arise on the pleadings, whereupon a Jury is impanelled
to decide the new question. The cost of a Jury is one mark,
which is sometimes paid by one party, sometimes by both.
The Jury is sworn and tliey give in their verdict. There is
no appeal such as we meet with now-a-days, but the unsuc-
cessful party has two courses open to him. He can have a
Certification^ a rehearing of the case by the same Jury in
order that the Justices may be made more sure on some point.
John de Mereclough had lost his case because he could not
produce his charter so that the Jury could certify his seisen,
and he asks for this point to be re-considered. The Jury
adhere to their former verdict. A more serious matter is an
Attaint. The Jury are charged with giving a false verdict
and the case is re-tried before a Jury of twenty-four — a
process we find frequently resorted to, and of which the
Byron v. Gresley case (pp. 174-5) is a good example. In
that action the parties come to terms, but in others we
find the verdict of the twenty-four taken, confirming or
otherwise the verdict of the twelve. All this brings in
money by way of fine, unless the losing party is too poor
to offer anything, in which case he is pardoned. If the
old verdict is quashed, the Jury of twelve are punished
for making a false oath. We have no instance of this in
the present volume. A successful litigant gained but little
beyond the recovery of his property. Damages were
INTRODUCTION. XXlii.
awarded in cases of disseisin, it is true, but the ominous
letters t.c. (or ^.) put after the amount show that these
went to pay the clerks of the court. Occasionally, when
the damages were large, the clerks got only a part; but
the damages like the amercements were, as a rule, small
Besides the four Petty Assizes we have numerous other
forms of action, each with its own peculiarities. By the
end of Henry the Third's reign the number of forms in use
had reached a maximum, and it required an expert to
decide which writ was the particular one required to meet
the case. The large number of actions arising out of the
Provisions of Merton (1236) show to what an extent the
common lands were broken up for cultivation and enclosed
by virtue of that Statute. The estate workmen of the
thirteenth century lord must have had a busy time putting
up fences and dykes and repairing them when demolished
by the villagers or neighbouring lords. The action for
demolition of fences, obstruction of ways and so on, to
the damage of the plaintiff's freehold, was by a writ of
'Nuisance, which was merely a variety of Novel Disseisin,
and is embraced in that Assize. The Writ of Entry
approaches more closely to the Writ of Right, and is a
proprietary action. There are two writs dealing with
villeinage: the one, De Nativitate, on the part of the lord
claiming his villein; the other, De libertate probanda,
brought against the lord by the man who would be free.
In relation to land tenure we have writs of Mesne and of
Suit at Mill, of Homage and Quod permittat habre, and
many more ; while other forms deal with Debt and Dower,
Warranty and Covenant, and so forth.
The system that has been adopted in compiling this
Calendar is one which excludes as far as possible super-
XXIV. LANCASHIRE ASSIZE ROLLS.
fluous matter cind gives every detail that is of con-
sequence. Possibly even more excision would have been
better, especially when dealing with Essoins : but the
error is on the right side. The following example from
Assize Roll 1238 will best explain the method of
calendaring an ordinary action. Here is the full record : —
An Assize comes to ascertain whether Richard de la Croyz
unjustly and without Judgment disseised Richard de Bikersiath 0/
his common of pasture in Lathom which belongs to his free tenement
in the same vill, after thejirst [coming of King Henry father of the
now King into Brittany^ and whereof he complains that he disseised
him of his common in 60 acres of land in which he was wont to
common with his beasts of all sorts in open time and of his common
in 6 acres of wood in which he was wont to common with his
beasts of all sorts for the whole year.
And Richard de la Cmiz comes and says that he did no injury
or disseisin for he says that the said Richard de Bikersiath was
never in seisin of the said common so that he could thereof be
disseised. For he says that his father and he likewise in all his
time have held the said land and wood in their own severalty and
further than this that the said Richard de Bickerstath has not any
common in the same and that such is the case he puts himself on
the Assize, And Richard de Bickerstath says that he stood in good
and peaceable seisin of the said common of which view ha^ been
made until the said Richard de la Croiz him thereof unjustly [and
without Judgment^ disseised and as to this he puts himself on the
Assize,
The Jury say on their oath that the said Richard de la Croiz
did not disseise the said Richard de Bickerstath of the said common,
for they say that he was never in seisin of the said common
which he put in their view. And so it is considered that the said
Richard de la Croiz [go] thence without a day and that Richard
de Bickerstath take nothing by that Assize but be in mercy for
false claim.
The above has been calendared as follows (p. 1 70) : —
Novel disseisin — Richard de Bickerstath v. [versus]
Richard de la Croyz re a common of pasture in 60 acres
INTRODUCTION. XXV.
of land, in an open time, cind 6 acres of wood, all the year,
in Lathom.
Defendant says that plaintiff was never seised, for he and his father
held the said land and wood to their separate ose. Verdict for defendant.
Judgment accordingly.
It will be noted that the Calendar, as such, would have
been complete without the matter in small type. But so
much interesting and important detail is contained in the
proceedings in many of the actions that it was found best
to give a precis of each case. Only in a few instances
has it been noted that the losing side was amerced or,
as we moderns should say, fined. The word Juror has
been used instead of Recognitor in connection with fines
for absence ; an error, no doubt, but one that should not
mislead, for no absentee could be sworn in zmd the name
Juror itself precludes absence.
The abbreviations on these Rolls are for the most part
clear. The letters tx. placed after an award of damages
at the end of several cases proved a temporary stumbling-
block ; but the full word " clericis " was met with on
Assize Roll 1265. Another difficulty — the letters n (novus)
or V (vetus) followed by a sign like S or -r- (est) — is
explained by Mr. Haydon in his Introduction to the
Calendar of the Patent Rolls for 2 Edward I (43rd
Report). The letters "Aff.," which also occur in the lists
of Essoins may mean " Affered " — .that is to say that the
party essoined paid a reduced fine, fixed by the Official
Afferers. On the other hand, they more probably indicate
that this party pledged his faith (Affidare) that the Essoin
was warranted. This pledging of faith was frequently
resorted to by plaintiffs, and saved the necessity and
expense of sureties. "No sureties quia fides in brevi'' is
XXVI. LANCASHIRE ASSIZE ROLLS.
quite a common entry on the Assize Roll for 13 Edward I.
The faith, to judge from the number of those who failed
to prosecute, does not appear to have been a very binding
engagement
The various spellings of the same name — of place names
in particular — lead to some confusion, and owing to
similarity of some letters (such as c and t) it has not
always been possible to decide between them. Such
names as Acton and Atton, for example, are undistinguish-
able, but these are but variants of Aighton. Another
variety of the spelling of this place — -Autton — ^has been
misread as Button in a local history. Again, a word
like Dunum is often difficult to read, for there are nothing
but up-and-down strokes after the D, and they are capable
of various interpretations. But the Editor must not be
blamed for all such errors. The differences of spelling etc.
between Assize Roll 1238 and its duplicate Assize Roll
1239, which are given in the footnotes to the former Roll,
show that the Justices' clerks were not free from blame.
The Hon. Secretary has pointed out that Simon Truppe
and Margery de la Bure (p. 163) should read Simon
Tipuppe and Margery de la More — but neither of the two
Rolls supports this (correct) contention It is hoped that
the Index to this volume will smooth away some of the
difficulties arising from clerical and editorial errors.
The Editor desires to express his deep indebtedness to
Mr. William Farrer for much valuable help in preparing
this Calendar. It is at Mr. Farrer s suggestion that
Appendix II. has been inserted, with a view to bringing
together into one volume all records of these early Assizes :
and to that end he placed his transcripts at the Editor's
disposal
KTRODUCTIOX. xxvii.
The completion of this wiH-k would have been impossible
but for the unvarying kindness and courtesy of the officials
of the Record Office, extending over the many years that
have elapsed since the task was first undertaken. For its
many shortcomings the Editor craves indulgence and
accepts the blame: for the delay in publication he cannot
be held responsible Ha\"ing turned his sword into a
ploughshare, he little thought that, just as this volume was
in the printer's hands, he would be called upon to proceed
on active ser\dce to South Africa: an absence of over
two years has caused a break in the home life and made
it difficult to take up the threads of such a task as this.
Now that the volume is at last finished, the Editor can
only sigh his relief and express a hope that his self-
imposed labour has not been in vain.
J. P.
Browsholme
2/ June, IQ04
XXVm. LANCASHIRE ASSIZE ROLLS.
ADDITIONS AND CORRECTIONS.
p. 176; Assize Boll 1265 has been much injured by damp; at least, one
entry has been lost on each side of m, 5, the end of which has been
torn.
p. 181, line 18, fw "Margant," read "Margaret."
p. 188, line 14, the words missing after " Gilbert " are " de Southworth."
p. aOi, line 30, for " 1265-6," read " 1285-6."
p. 213, line 5, for " Master Alan," read " Master Adam."
p. 214, lines 3, 5. The meaning of the word " Esparduciarum " is obscure ;
it does not occur in Ihi Cange.
p. 228, line 7, for " Southy," read " Sonchy."
p. 246, line 4, for " Richard de Catteral," read " Ralph de Catteral."
p. 286, line 29, foi' " Robert de Hophay," read " Ralph de Hophay."
p, 287, line 2, for " de Laen," read " de Lacu."
„ line II, for "Roger de Hilton," read " Robert de Hilton."
„ line 17, for " Robert de Boxhale," read " Richard de Boxhale."
p. 288, line 7, and p. 289, line 19, for " Richard," read " Michael."
p. 808, line n, /w "Roger de Ireland," read "Robert de Ireland."
lancafiljirr 9fifiijt a^oUfi.
PART I.
B
%mtMfiivt 9iddt^e l^oUd.
4 Sobn.
ASSIZES TAKEN AT LANCASTER ON FRIDAY NEXT
AFTER THE FEAST OF S. LUKE THE EVANGELIST
in the fourth year of the reign of king john
[25 October 1202] before John, Bishop of Nor-
wich, Hugh Bardulf, John de Gestlings, Master
Roger Arundel and William fitz Richard, Justices
in Eyre.
No Boll is now known to exist. See Lancashire FineSf pp. 9-22 and 37,
for 30 Fines made at this Eyre from 25th October to 7th November inolnsive.
From the Pipe Bolls of 4 and 5 John it appears that 324 cases were
dealt with by these Justices in Eyre at Lancaster, and in 60 cases the
amercements appear in the Pipe Bolls.
10 3oijn.
Assizes taken at Lancaster on Sunday next
after the feast of s. michael in the tenth
year of the reign of king john [s october i208]
BEFORE Adam de Port, Simon de Patshull, Henry
FITZ Hervey, Robert de Percy, Alexander de
Pointon, Henry de Northampton, Ralph Hareng
AND GEOFFRY de L'ISLE, JUSTICES IN EYRE.
No Boll is now known to exist. See Lancashire Fines, pp. 29-36, for
Fines made at this Eyre, on Sth October and 7th December. The Pipe
Boll of II John shews that the SherifE paid into the Treasury ^^261 8s. 5d.
on account of amercements at this Eyre in addition to a few others therein
detailed.
B"
LANCASHIRE ASSIZE ROLLS.
3 f^enrs ffi.
A SSIZES TAKEN AT LANCASTER ON WEDNESDAY NEXT "^
AFTER THE FEAST OF S. HILARY IN THE THIRD
YEAR OF THE REIGN OF KiNG HENRY SON OF KiNG
John [i6 January 1218-19] before Philip de Ulcot,
Thomas de Muleton, Ralph de Feritate and
Lawrence de Wilton, clerk, Justices in Eyre.
No Roll is now known to exist. See Lancashire Fines, pp. 40-42,
for 4 Fines made at this Eyre on January i6th, 22nd and 23rd, and
February 4th.
1 218. Noyemberi4. Writ to the Sheriffs of Cumberland, Westmorland
and Lancaster, notifying the appointment of Philip de Ulcot, Thomas de
Muleton, Ralph de la Ferte, William de Yemun (outside his own bailiwick),
and Laurence de Wilton, clerk, as Justices in Eyre through those counties.
These letters sent to the said Laurence de Wilton by Reginald Rochel,
King's messenger. The first day at Appelby on the Quinzaine of S. Martin
[26 November]. Patent Boll 3 Henry Illy m. I.
The following letter would reach the Justices while at Lancaster and be
entered on the Assize Roll: —
1218-19. January 26. To PhiKp de Ulcot and his fellow Justices
in Eyre, in Cumberland, Westmoreland and Lancaster, etc. Whereas
it was doubtful and not determined before the commencement of
your Eyre by what judgment those persons are to be tried who are
arrested for robbery, murder, arson and such like, since the judgment
by fire and water has been prohibited by the Roman Church, it is
prescribed by our Council for the present that in this your Eyre those
arrested for such excesses may be dealt with as follows :— those arrested
for the said greater crimes and suspected of being guilty, of whom
also, though they should abjure our realm, there would still be a
suspicion that they afterwards would do evil, let them be kept in prison and
safe guarded, but so that they shall incur no danger to life or limb by
reason of our prison ; those arrested for medium crimes and for whom
the judgment of fire and water would be fitting were it not forbidden,
and of whom if they abjured our realm there would be no suspicion
of evil doing hereiBf ter, let them abjure it ; those arrested for minor
crimes, and of whom there is no suspicion of evil, let them find safe
pledges for fealty and keeping the peace and be dismissed in our land.
As therefore our Council will provide nothing more definite in this
matter at present, we leave to your discretion this ordinance to be
observed. Patent Roll 3 Henry III, m, 5.
11-19 HENRY III.
A SSIZES TAKEN AT LANCASTER ON THE MORROW OF
S.. Hilary in the eleventh year of the reign
OF King Henry son of King John [14 January 1226-7]
before Martin de Patshull, Ranulf fitz Robert,
Brian fitz Alan, William de UIsle, Richard
DuKET AND John de Lacy, Constable of Chester,
Justices in Eyre.
No Roll is now known to exist. See Lancashire FineSf pp. 47-53,
for 17 Fines made at this Eyre on January 14th and 20th.
1226. Aupfust 30. Writ to the Sheriffs of Lincoln, York, Lancaster,
Northumberland, Cumberland and Westmoreland concerning M. de Fateshull
and his Fellow Justices in Eyre: that you cause to come before them all
Pleas of the Crown that have been pleaded and that have arisen since
the Justices were last in Eyre in those parts; and all Pleas and all
attachments belonging to those Pleas ; and all Assizes and all Pleas that
are put down for the first Assize before the Justices, with the writs of
Assize and of the Pleas, as more fully is contained in our close letters
which we have thereon otherwise sent to each of you. Patent Boll
10 Henry III^ m. 2, dor so.
X9 f^enrg 555.
A SSIZES TAKEN AT LANCASTER ON THE OCTAVE OF
S. John ante portam latinam IN THE NINETEENTH
YEAR OF THE REIGN OF KiNG HENRY SON OF KiNG JOHN
[13 May 1235] BEFORE Roger Bertram, Robert de
Roos, William de Ebor and Richard de Levington,
Justices in Eyre.
No Roll is now known to exist. See Lancashire FineSy pp. 59-73, for
29 Fines made at this Eyre on May 13th, 14th, 1 8th and 19th.
1234. August I. William de Ebor, Roger Bertram, Robert de Ros,
and Richard de Levington appointed Justices in Eyre in the County of
Lancaster (only) for Assizes Pleas etc. Patent Roll 18 Henry III^ m. 7,
dorso.
LANCASHIRE ASSIZE ROLLS.
26 f^enrg ffi.
A SSIZES TAKEN AT LANCASTER ON THE MORROW OF
S. Martin in the twenty-sixth year of the
REIGN OF King Henry son of King John [12 November
1241] before Robert de Lexinton, Ralph de
SuLLEG, William de Culeworth and Jolland de
Nevill, Justices in Eyre.
There is no regular Roll for this Eyre, but probably the cases noted
on Assize Roll 1176, which follows, were taken at Lancaster. See Kirlcstall
Coucher Book, Nos. 23 and 24, for 2 Fines made at this Eyre on November
12th and 1 8th; also Lancashire Fines ^ pp. 79-91, for 30 similar Fines, one
of which (No. 81) undoubtedly refers to the Pemberton v. Holland case on
Assize Roll 11 76, m. 9 dorso.
^3-49 henrV 111. 5
assise EoU XX76. ©ifaers (Itomtits.
2349 f^enrg M5.
OT. 5.
XvOLL OF THE GRAND ASSIZE A° 26. [ 1 24 1 -2.]
fF/7V ^/ i?/^-^/ — Richard son of Avice v, Thomas $anjca»tcr.
Bussel re 2 acres in Euckeston.
m, 6.
Writ of Ri^ht — William son of Richard v. William ^anrastcr.
son of Simon re 22 acres in Alithwayt.
OT. 7 dor so.
Writ of Right — William son of Hugh v. William |panjca»tcr.
son of Alexander re an oxgang in Etheleston.
Plaintiff asks which has the greater right to hold the land — he of defen-
dant or defendant in demesne.
Writ of 7? jr^-^/— William Wyldebar v, William son ofSanra^tcr.
Alexander re an oxgang in Etheleston.
Similar case to the last. ,
m. 9 dor so.
Writ of Right — Adam de Penberton v. Robert de |Panra»ter.
Holand re 12 oxgangs in Penberton.
See Lancashire FineSy p. 82, for Fine made at Lancaster 25th November,
1241.
m, 13.
Writ of Right— Ww%\i son of Walter de Kellet v, ICanragtcr.
Hugh del Crag and Tunhoca his wife re \\ acre in
Kellet.
Roll a° 42. [1257-8.] m,i^dorso.
Writ of Right — Robert de Glasbrok v, Richard de ICanraetcr.
Heryz re 3 oxgangs in Glasbrok.
At Winchester 6th July [1258].
LANCASHIRE ASSIZE ROLLS.
3[gstje HoIl 404- Hancasbtre.
30'3X f^enrg 555.
PLEAS AND Assizes taken at Lancaster in three
weeks from the day of s. michael in the
thirtieth year of the reign of King Henry son of
King John [20 October 1246], and the beginning
OF THE THIRTY-FIRST YEAR, BEFORE R. DE THURKELBY
and his fellows [gilbert de preston, master
Simon de Wauton and John de Cobham, Justices in
Eyre.].
Novel disseisin — William le Taillur and Eve his wife
V. John son of Emma and Thomas the Miller re the
fourth part of a mill &c., in Lever.
John Harewud and Adam de Dunandegreue, jurors, absent. Verdict —
that defendants erected the mill on ground the joint property of William
and Eye, against their consent. Judgment for plaintiffs ; and the said
fourth part of the mill to be pulled down. Damages I2d.
Novel disseisin — Amice wife of Thomas de Pennelbiry
V, Thurstan de Holaunde re i6 acres in Holaund.
James de Pemberton, a juror, absent. Verdict for plaintiff for 2 acres
only, with Judgment. Sureties for defendant, Richard de Walton, Elias
de Tonge ; surety for Thomas, William de Bradeshaghe. Damages 2s.
Novel disseisin — Gilbert de Brarton, Brun de Crumpton,
Jordan his brother, Simon de Lee, Hugh his son, and
Adam son of Elias v. the Abbot of Roche, Andrew de
Thoong, and Robert Scalpy re a quarry {minera), &c. in
Crumpton.
Defendants absent and were not attached, being of the county of York.
Adam de Dunandegreue, William de Egewurth and Peter de Mendecro, jurors,
absent. Verdict — that defendants delved in land joint property of plaintiffs,
took earth away and excluded them from the quarry. Judgment for
plaintiffs. Damages 2s.
30-31 HENRY III. 7
Novel disseisin — Geoffrey son of Luke v. same re
same.
Plaintiff withdraws: soreiies, Peter de CnimpUm and Lureoucc Sjajff
Novel disseisin — Andrew de Shollerc v. same and
Robert de Blakeburnesire re common of pasture in a
wood at Shollerg.
Defendants absent and not attached boinfr of the wunty nf Yurk. 1i.*
case proceeds. Verdict for plaintiff, witli Judgment. Dainapi*d in.
Mort dAncestor — Sigherid, in right of her wk-\Av:\\
Robert son of Otho her brother t'. Augustine dc Tanc-'I<:-
ford re 8 acres in Lathum.
Verdict — that Robert died seised in ft^e (if 7 out itf Th«- \ .i- r^ -
Judgment for plaintiff for 7 acres only. Plaintiff bein^'- yfkmr, tiii«- r«-rij:"< -J
Novel disseisin — Roger de Penelbiry v. kanulph <!'•
Boulton, Mabel late wife of Henry dc lioultfiii. John
son of Griffin, John son of Godith. Hu^h hi- hn/li' r.
Adam de Heton, Robert his brother, Matth<:u- hr'^lii'-r *»\
the said Robert, Ralph de Heton, Jordan and S':!v(: lir '!••
Heton, and Matthew le Hore re 20 acres in Ilaliw:
Adam de Heton attached by Adam Ilabuckt; ;iii<i Willi;i!ii *\t. y^i-r-.i u*)'
and Matthew de Heton and Matthew lo Hon*, by Williani I*- liuhr
and Roger del Hurst of Heton. Verdict for i»laintiff with .SwVj^m-yxS
Damages 2s.
Sabina wife of Ranulph de Hole app(;ints the .;iid
Ranulph her attorney in Assize of Novel di.v'>eisin v. lli*:
Abbot of Deulacres.
Writ of Utrum — Whether an ox^anj^ anrl a ihird ^A
an oxgang (all but one acre) in Croston be free alms
belonging to two parts of Croston Church, c>f which
Philip is parson, or the lay fee of Peter le fiz le
Chapelain.
Philip says that one Stephen his predecessor lu^ld in fre und by ri^^ht
of his Church in the present King's time and took the prullts {ex]^lciu).
vr
8 Lancashire assize rolls.
Peter acknowledges the land to be the right of the said two pajrts of
the said Church ; but says that one Geoffrey (Philip's immediate predecessor)
brought an Assize against him (Peter) before Robert de Lexinton and his
fellows for the same land : and it was agreed in the said Court to the effect
that Peter acknowledged the land to be the right of Geoffrey and his
Church ; in consideration whereof Geoffrey granted it to Peter for life at a
service of 2s. per annum, to revert to the said two parts of the said Church
at Peter's death.
Novel disseisin — Hugh son of Walter v, Hugh de
Crag and Thunnoka his wife re 3 acres in Kellett.
Verdict for plaintiff, with Judgment. Damages \ mark.
Novel disseisin — Elena daughter of Richard de Alreton
V. Richard her father re 2 oxgangs in Whithenhull.
Richard admits claim, Judgment for plaintiff. Damages remitted.
Novel disseisin — Osbert de Daniscales v, Ralph de
Mitton re i acre of wood in Acton [Aighton].
Verdict for defendant, with Judgment.
Novel disseisin — Roger de Holaund v, Simon de
Haleshal re tenement in Holaund.
Plaintiff withdraws. Sureties, William son of Adam de Holaund and
Henry de Holaund; sureties for fine, William de Lidyate and Robert
le Waleys (Tra2cn«»«).
Novel disseisin — Roger de Kyuerdal v, Hugh de
Langewurth, William de Wurtheton, John son of Hugh,
Henry son of Richard de Morlei, William le Hunte and
Ailsy Dun re a messuage and 4 acres in Derewent.
The three last-named defendants absent, and could not be found, so not
attached. Robert de Boulton and Adam de WindehuU, jurors, absent.
Verdict for defendants, with Judgment. Surety for plaintiff, Henry de
Whalley.
Warranty — Richard de Tharilton and Avice his wife
V, John de Mundegum re an oxgang in Tharilton.
30-31 HENRY 111. 9
Plamtifts have a charter of the land from Adam de Mondegum,
father of John, under whom they hold it. They acknowledge that they
hare undisputed possesedon. Judgment for defendant.
Novel disseisin — Geoffrey de Glasebrok v, Gilbert de
Kilchith, Richard son of Basil and William his son re 8
acres in Glasebrok.
Boger de Hurleton, a juror, absent. Verdict for defendants, with Judg-
ment. Surety for plaintiff, Bichard Banastre.
William parson of Waleton gives i mark for leave to
concord with Alan son of Simon and Godith his wife
in plea of land : surety, the said Alan.
Elias le Wudeward and Richard his brother give
\ mark for leave to concord with same in plea of land :
surety, the same Alan.
In the Fine Elias is styled " Elias son of Henry de Bayenesmeles,"
and the land is in that vill. {Lancashire FineSy p. 102, no. 117).
Robert son of Eadwin gives J mark for leave to
concord with same in plea of land : surety, Richard le
Wudeward.
Adam son of Alan gives ^ mark for similar leave :
surety, William his son.
Amice wife of Alan de Wyndhil appoints the said Alan
her attorney v. Richard Ekleston in plea of Acquittance.
Agnes wife of Roger de Mulinaus appoints the said
Roger her attorney v. same in similar plea.
Novel disseisin — William de Bradeshal v. Henry de
Turbok and David le Carpenter of Wurkythesle re a third
part of a mill in Torton.
John de Haspull, Richard de Boelton {^erased'] and John de Hulton,
jurors, absent. Verdict for plaintiffs, with Judgment. Surety for
defendants, Adam de Biry. Damages, 2s.
10 LANCASHIRE ASSIZE ROLLS.
Novel disseisin — Robert de Birun v, Adam de Biry
and Roger de Shytjeswurfh re common 6f pasture in 30
acres in Shitleswurth.
Verdict that defendants have appropriated 30 acres. Judgment for
plaintiff. Surety for defendants, Bannlph de Boulton. Damages 2s.
Novel disseisin — Andre\y de Sholuer, Alward Thagun
and Roger de Pilkington v, the Abbot of Roche, Andrew
de Thoong and Robert Scalpy re 40 acres in
Sholleregh.
Defendants absent and not attached being of the county of York, so
the case proceeds without them. Elias de Bosco, William de Halch and
Alexander de Heton, jurors, absent. Verdict — that defendants took away
mineral (miner am) from the said land without right. Judgment for
plaintiffs. Damages 2s.
Novel disseisin — Roger de Bradeschagh v. William de
Bradeschagh re 6 acres in Turton.
William de Leuer and John Eon of Robert . de Halgton, jurors, absent —
later John comes. Verdict for plaintiff, with Judgment. Damages 3s.
Novel disseisin — Ralph le Noreys and Matilda his wife
V. Thomas le Feuer re freehold in Cliderhou.
Plaintiffs did not prosecute : sureties, Richard son of Ralph de Preston
and Thomas son of Ralph de Preston.
Novel disseisin — William le Blund, John de Marisco
and Adam his brother v. Adam de Pemberton, William
his son and James de Pemberton re common of pasture
in the moors and marshes of Pemberton.
Adam de Winstanesleg and William de CruU, jurors, absent. Later,
John de Marisco withdraws from the writ : sureties, Thomas Lidgyatelegh
and Robert son of Hugh de Burleg. Verdict for plaintiff with Judgment.
Damages I2d.
Mor^ d^ Ancestor — Richard de Flixton, in right of Adam
de Barton his brother v. Richard de Traffbrd re 20 acres
in Platton.
Defendant says that not he, but the Prior of the Hospital of S. John
of Jerusalem in England, holds the land : this plaintiff admits. Judgment
for defendant.
30-3I HENRY III. I.I.
Mort <t Ancestor — Warin le Pestur, in right of William
le Pestur his father u Michael le Fulun and Edith his
wife re a messuage and \ acre in Flokeburg.
Adam Skinner [PeWiportws] of Flokeburg, a juror, absent. Yerdict —
that William le Festur held in fee and Warin is his son and heir.
Judgment for plaintiff.
Novel disseisin — Adam de Bilington v. John de Bradehull
and Robert his brother re i6 acres in Bilington.
Yerdict for plaintiff with Judgment. Damages \ mark.
Warranty — William le Taillur and Eve his wife v,
John son of Emma te an oxgang and a half in Leure.
Plaintiff withdraws : sureties, Adam de Parua Leure and John son of
Agnes de Parua Leure: surety for fine, John de Leure.
Novel disseisin — Adam de Holaund v. Richard de m, 2 dorsi
Eukeston, Margery his wife, Stephen de Eukeston, Avice
his wife, Thomas Bussell and William and Nicholas his
sons re common of pasture in 12 acres in Eukeston.
Yerdict — that defendants have appropriated 12 acres. Judgment for
plaintiff. Damages 2s.
Receipt of homage — Bernard de Mitton v, Ralph de
Mitton re homage and reliefs for freehold in Gusenhach.
Plaintiff holds 5 oxgangs in Gusenhach of the gift of one Beatrice
daughter of Robert, mother of plaintiff and grandmother of defendant, who '^
is her heir, and of whom plaintiff should hold the tenement paying homage
and reasonable reliefs : but Ralph refuses to receiye his homage to loss of
plaintiff, who claims damages.
Ralph says he is heir of Beatrice, but holds nothing of her inheritance ;
he is son of Robert de Mitton (elder brother of Bernard), who should have
been heir of Beatrice had he survived herj and should Bernard die with-
out issue, the tenement would revert to defendant. This Bernard admits.
Judgment that Ralph takes no homage. Sureties for plaintiff, Thomas de
Besleg and Richard Russel of Plumton.
Dower — Agnes late wife of William de Tarieton v.
Richard Banastre re a third of 2 acres in Bretherton.
Defendant admits that Richard [sic] late husband of Agnes was seised
in. fee, with power to grant dower. Judgment for plaintiff. Surety for
defendant, Roger de Wirkithileg.
12 LANCASHIRE ASSIZE ROLLS.
Receipt of Homage — Richard son of Thomas de Burnhull
v. Peter de Burnhull re homage and reliefs for freehold in
Burnhull.
Plaintiff claims that Peter should receive his homage &c. for land held
of him. Plaintiff absent, but appears later, and being nnder age is excused
fine. Mf
Breach of Covenant — Ralph de Mitton v. John de
Winkedeleg re i% acres in Acton [Aighton].
Plaintiff says that a covenant was made before the Jastioes in Eyre
last at Lancaster, that John should give him 1 8 acres in the said vill, and
he claims 40s. damages for breach of covenant. This covenant John denies.
It is adjudged that John wage his law by 12 sureties, and let him come
with his law on Wednesday ; surety, Mathew de Notton. Later they come
to terms, Ralph giving \ mark for leave to concord; surety, William de
Carleton. And it is agreed that John grant him a remitter {remittit ei legem).
Novel disseisin — Henry de Whalley v. Hugh de Lange-
wurth, William de Wurthington, John son of Hugh, Henry
son of Richard de Merlay, William le Hunte and Ailsy Dun
re 4 acres and a lodge {logia) in Derewent.
Hugh alone appears j William attached by Thomas his brother and John
de Clophull ; John, by William, man of Hugh de Langewurth (?io»*em Kugoni^^
and Arthan de Langewurth; the other defendants not found. Verdict for
defendants with Judgment. Surety for plaintiff, Roger de Kiuerdale.
Novel disseisin — Robert de Plesington v, same defendants
re 20 acres in Tocholes.
Verdict for defendants, with Judgment. Surety for plaintiff, Henry
de Walleygh.
Novel disseisin — Bernard de Mitton v, Ranulph de
Gosenard re 20 acres in Gosenarch.
Richard de Clathon, a juror, absent. Verdict for defendant, with
Judgment.
Entry — Robert de Ribbelcestre and Amabel his wife v.
the Abbot of Stanlawe re 10 acres and the moiety of a mill
in Ribbelcestre.
Plaintiffs did not prosecute : sureties, John son of William de Ribbelcestre
and Hugh son of William de Ribbelcestre.
Navel disuisim — Roger de Keraesici r. WiHikizi >
Lancastre re tc i icfn e nt in Kerre5:rl.
and Boger
Novel disuisim — Wans ce \V:t:r^^.i=: r j irr-^ :e w. t.
Wheteleg, Rkhard and Aram his 5*:c* Ricr^iri ie G:ser.:<r
and Lettice his wife and Ribert ie Frektliir. r/ c:c:=::«:<:
of pasture in 3 acres in Wnftirig*?: at: .
Sobnt son of Biekud dt Go wmi r qi rL * jrrir. fcc«tTi: T^riiirs :::ai
defendants, excefic Biebard de Gc«eni«». iar- -ricis. ir ,-HM*i».'>ni*: %z.'i
appropfriated 3 acrcflL J-adcsMc^ f:r z >"arT: :J vrii::^:: iH "ii- Vi :r .fc.-i i*
Goseniere, and for Sicfaard ?.
Novel disseisin — Peter son of Robert ce Hewud :.
Gervase de Haliwell. Hawise his wife. Hu^h son of Ger^ase
and Wimarca his wife re 2 acres :n He-smde,
Andrew de Wytewiirtlhe, WiZfani & Sia^-rlesctrj acd Peter de Metiewx-
croft, joron, atnent Terdics for plazr.ri2. vhi J:i'i^z.<c.:. DacriA^v* 2s.
Novel disseisin — William de Kir.gesle r. Richard de
Chemok re a messuage and 20 acres in Cherleg.
Thamas de Ch^hnll, WOIiaic Pxctor. and Adazn icc cf Adam de Perbald.
jurors, absent. Terdict — that defendant enfeoffed plaintiff of a certain waste,
in Tirtoe of wliich plaintiff occopied defendant's land to the extent named,
and Kifihaid forthimh took that land into his own hands. Judgment for
defendant.
Novel disseisin — Richard de Whythingeham and Hawise
his wife v. William de Carleton re common of pasture in
Hinskipe.
Flamtifb did not proeecnte: soretj, Robert son of Adam de Inskipe.
Mort d*Ancestor — Sigherith, in right of her nephew
Robert son of Otho her brother v. Thomas son of Mary
re 8 acres in Lathum.
Defendant sajs he has no claim bat as guardian of Richard sou of
Richard nnder age and in his ward. Case «ine die till Richard bo of age.
14; LANCASHIRE ASSIZE ROLLS.
Novel disseisin — Eugenia de RadecHue v. Jordan de
Quickenslawe re 8 acres in Eggewurth.
William de Samelesbiri, a juror, absent. Verdict for plaintiff, with
Judgment. Damages 12s.
Nvvel disseisin — Adam de Byri v, Geoffrey de Rade-
cHue re land, 6 feet wide by 60 feet long in Byry.
Verdict for plaintiff, with Judgment. Surety for defendant, Adam de
Badecliue. Damages id.
From the whole County of Lancaster, liberties excepted,
for its fine before Judgment — 100//.
Mort d' Ancestor — Robert le Blund, in right of Robert
le Blund his father v. John son of William fe 6 acres
in Clypin.
Sine die till defendant be of age.
Writ of Right — Thomas Bussel v, Richard son of
A vice re 2 acres in Euckeston.
Defendant appeals to a Grand Assize. Robert de Stokeport (sworn),
Roger de Alleston (sworn), Thomas de Bythun (sworn), and Roger Gemet
(sworn), 4 Knights to choose 12 to form Jury of Grand Assize; the Jury
is chosen. Later the parties come to terms, Thomas giving \ mark for leave ;
surety, the said Richard. It is agreed that Thomas remits all claim, for
which Richard gives him I mark.
The Abbot of Cokersand gives \ mark for leave to
concord with Jordan son of Torfin re land ; and has a
chirograph.
Novel disseisin — Adam de Holaund v, Thomas Bussel
and William and Nicholas his sons re i acre in Eukeston.
Verdict for plaintiff, with Judgment. Damages I2d.
m. 3 dorso. Novel disseisin — Eve daughter of Ralph v. Nicholas
son of John re freehold in Auton.
£ve did not prosecute and has no sureties, therefore nothing.
30-31 HENRY III. IS
Novel disseisin — Richard Banastre v, William son of
Henry and William son of John Bekanesho re 4 acres
in Bekanesho.
Verdict for defendants, with Judgment.
Warranty of Charter — William son of Robert v,
Adam son of Mary re \\ acre in Houwyk.
Plaintiff did not prosecute : surety, Robert son of Norman de Langeton ;
lie had not another surety.
Dower — Robert de Rybbelcestre and Amabel his wife
V, William Mutun.
Plaintiffs did not prosecute ; sureties, Richard son of Jordan de Wetelay
and Richard son of IJthred de Halueston.
No-uel disseisin — William son of William and Alice
his wife v. Syward de Derewent, Julliana his wife and
Adam son of Syward re i acre of land belonging to the
4th part of Halsnade.
Adam was attached by Thomas de Waterfal and Roger de Quicstan.
Verdict for plaintiffs, with Judgment. Surety for Syward, Henry de
Whalegh. Damages 1 2d.
Novel disseisin — Alan de Birkestad v. Adam de
Bikerstad, Simon his brother, Gilbert de Rohal, Roger
de Birkestade, Walter de Birkestade and Richard de
Birkestad re a third of half a carucate in Birkestad.
Later, Alan withdraws : sureties, William de Bykerstad and Richard del
Bank ; surety for fine, Adam de Bikerstad.
Novel disseisin — Jordan de Kircham v. Bernard de
Mitune, Walter de Barton, Ranulph de Gosenargh*
Benedict de Biseligh, and Hugh de Middelton re common
of pasture in 30 acres in Gosenharegh.
Same v, same and Adam de Wirhal re obstruction
of a way in Gosenargh.
Verdict — that defendants broke up for cultiration 30 acres &c. and
blocked the access of plaintiff to his pasture. Judgment for plaintiff in each
case, and the road to be as it was (bH sic esse solehat). Damages 28.
C
1 6 LANCASHIRE ASSIZE ROLLS.
||0rk. John de Monasteriis fined for wrongful detention from
Agnes daughter of Geoffrey de Monasteriis, as appears
on the Roll of Roger de Thirkelby and his fellows in Eyre
in com. Ebor.
Cumber- Ralph de Levington gives i mark for leave to concord
with Alan le Noreys and Margery his wife, in plea of
Warranty of Charter, and has a chirograph.
It appears from the Fine that the Warranty was for lo oxgangs in
Staffol, CO. Camberland. (Lancashire Fines j p. lOO, no. 127).
Geoffrey de Middleton gives J mark for leave to concord
with Roger son of Robert de Middelton in plea of
Wager of Law ; surety, Adam de Blakeburn.
Warranty of Charter — Robert de Molinaus v, Adam de
Mulinaus re a carucate in Thorneton.
Plaintiff withdraws ; sureties, Walter de Scarisbrek and Henry de
Byntre.
Writ of Utrum — Robert Blundel parson of Hacton
[Aughton] church v. Maddock son of Lewel and Quenilda
late wife of Richard le Waleys re 2 oxgangs in Hacton.
Plaintiff did not prosecate ; sureties, William Doomsman {Judicaior)
of Litherlannd and Walter de Scharesbek.
Novel disseisin — Alan de Bikerstat v, Adam de
Bykerstat and others re common of pasture in Birkerstat.
Plaintiff withdraws ; sureties, Alan de Windul and William de Waleton ;
sureties for fine, William de Waleton and Richard de Sud.
William de Lancastre appoints as his attorney William
de Mulineus or Richard de Kyrkeby v, William son of
Ketel in plea of land ; and v, Adam son of Jordan de
Lingard and others in similar plea.
Henry de Mitton acknowledges that he owes to Avice
Ifite wife of Adam son of Gilbert \ mark, to be paid
yearly at two ? c^ - t< — balf ir Wbfscrdiie xrrc ruLT a:
the X atLvity of cur l^zci — 5:r the ■■arishir re' Aiirt
son of tihc saad Attoe. •»^£e iroer a§e. ir^i <« rr «eei^
him till of age. with power ^ f escraE^. fc.
XoTtl dusizsim — Rc^er cfe BrrcbrI r. Mx::.«ia ie
Ribbetoa. Robert a=<i WElI5arr ber sees ird ktcr-iri vi^
Ellesleia, re codnoc ci caster? :r: -t acre? ::: Br>:hr^
Wrii of Righi — Robert de San:pCe5btr>\ Aiim. J.itnes
and Roger, his brcther? r WiT'ram de S3ir:r'e>>cr\- »y ?
parts of 8 oxgartg^s :n Sbimp'esbtrj*.
of Bocer de ShaiiLpvaecrT-. fftzoer it Sccwn. Xdva &=.•! J»se^ jft;if>
decesKd, wkoae hexB zoer sr?. C^e CoK»3tk ^*e£r scce^scor v^u A*tWNi
tliereof in fee in die ^ose c€ "^^-w J:£^. i^e =iov Ki^*s fft:!h.-er. ;fcrd d>e<d
aeued of thn aod cdier Lsads a&i 'ecie=M^i« : &f:er his dieA:h ;he n^?
deaoended to his ffoor locu Kocvr. :b? eldesc. BichA?\i. UccrM. ȣ>l Ala^x.
amon^ wltom tlhe isid teiiemec: vfts dirid-ed; Boeder, cite ^*di'^ ft.^a ;knd
&dier of die plftmaib. Iutzbs' for bis share S oxsm&£S of vhich i^er t?Aoh
now aeek their riiare. riz^ each an cxxsans and a half and one nfth of an
Defendant admits that Cocpatric was aeiied of 14 oxsangs in tho said
▼in, but Mkji he oifeoffed the said Richard. Uctred and Alan his s^>ns« «?aoh
of them of 2 oxeangs. and of the other S died seised ; and Roi^^r, his Arst*
\KfnL woiL, snoceeded to these as heir. The said S oxgangs werv" never
difinble nor dirided.
Robert, Adam and James olfer the King^ i mark for an enquirv ; surety
Thomas de Qnick ; and William offers i mark for the same ; sureties, R^H^^r
de Astan and Adam de Hothon. An enquiry ordered.
Later, defendant gives \ mark for leave to come to terms ; surety* .\dam
de Hocgton; and has a chirograph. (XancasAire Finc^j* p. 99) n<^> 100 V
Mort if Ancestor— Robert son of Stephen de Preston,
in right of the said Stephen v, William son of Walter
(as to a messuage and 3i acres of land), William son of
Gunne (as to i rood of meadow) and William son of
Astin (as to i rood of meadow) re a messuage and 3 J
acres of land and 2 roods of meadow in Preston.
Defendants say no action lies ; for plaintiff lately sued them in Preston
court on a writ of Right, after which no writ of Mort d'Anoostor runs.
This plaintiff admits and is nonsuited; surety Richard son of Godith.
1 8 LANCASHIRE ASSIZE ROLLS.
Novel disseisin — Richard Whithand, Alice his wife,
Henry de Lascell and Agnes his wife v. Alan de Winde-
hull, Hugh le Seriaunt, Adam son of Hucgtred, John
son of Beatrice, William de Cockeshull, Henry Trebuch,
Richard son of Uctred, Henry Swan and Kenewreg his
brother, Leising de Windehull and Adam his son, Gilbert
de Groneg, Henry Spere, Adam son of William le Harper,
Thomas de Brakenwait, Hugh de Crochurst, William and
Adam his sons, Cecily de Reinford, Robert Miller, Hugh
sons of Siward and Adam Herlot re lo acres of land in
Reinesford.
Alan, John and Henry Trebuch appear, but not the other defendants,
Adam is attached by Uctred his father ; William, by Richard Clerk and
Alexander de Windehull ; Richard son of Uctred, by Adam and William his
brothers ; Henry Suan, by William Bark and Adam Little {'parvum) ; Leising,
by William his son and Adam Rabuck ; Gilbert, by Patrick and Roger
sons of Alured ; Henry Spere, by Henry son of Arkel and Thomas son of
Godrit ; Hugh de Crokhurst, by Alan de Windehull and Hugh de Middelton ;
William son of Hugh, by Robert de Thorinton and Roger de Molineaus ;
Adam, by Adam de Bulling and Henry son of George ; Cecily, by Henry
de Wlaukelawe ; and Robert Miller, Hugh son of Siward and Adam Herlot,
were not attached, not having been found.
Verdict for plaintiff for lo acres, to wit, certain moor and certain wood.
Judgment accordingly. Damages I2d.
Acquittance of Service — Robert de Molineus v. Adam
de Mulinaus re service which William de Ferrers, Earl of
Derby, guardians of the lands and heir of Almaric le
Butyler, exacts for freehold held of defendant in Thorneton.
Plaintiff says that one William le Butyler compelled him to make suit
at his Court.
There being no mention in the writ that Adam should be mesne
(mediuf) between Robert and the said William, plaintiff is nonsuited : surety,
William de Waleton. {Lancashire Fines ^ p. 104, no. 121).
Warranty of Charter — The Prior of the Hospital of
S. John of Jerusalem in England v. William de Frees re
an oxgang and a half and 3 acres in Neuton.
Plaintiff does not prosecute; sureties, Roger son of Jordan de Nueton,
^chard son of Jordan de teuton.
i
30-31 HENRY III. 19
Proof of Freedom — William de Hamelton v, John son
of Geoffrey de Hacuneshond who claims him as his villein.
Plaintiff withdraws ; sureties, Roger son of Halewart and Hugh son of
Alan de Wyrisdal j surety for William's fine, the said John son of Geoffrey.
Let it be known that William acknowledges he is a villein of the said John,
and he is delivered to John in the same Court.
William de Karleton gives \ mark for leave to concord //«. 4 dor so.
with Robert de Stok, in a plea of Acquittance.
Fine made at Lancaster, 25 June, 1256 — 10 years later. The defen-
dant was Robert de Stokeport, of whom William held i^ carucate in
Karleton. (Lancashire Fines, p. 120, no. 147).
Mor^ d'Ancestor — Richard son of Adam de Staning,
in right of Adam v, Baldwin de Preston and Avice
his wife re a messuage and ^2 acres of land in Ingol.
Defendants say that they claim only during the minority of John son
of William de Yeland whom William his father enfeoffed by charter pro-
duced. This is admitted by the plaintiff. Nonsuit.
Mort d' Ancestor — Warin de Corney v. Abbot of
Cokersand and others re 19 acres in Uproucheclive.
Plaintiff did not prosecute ; sureties, Simon son of William de Grenol and
John son of Roger de Pul.
Mort d' Ancestor — Alice daughter of Adam de Warton,
in right of Adam v. Roger Aylward re 4 acres in Warton.
Verdict for plaintiff, with Judgment.
Novel disseisin — Thomas Buscell, Stephen de Eukeston
and Avice his wife v, Henry de Whallay, Adam de
Holaund, Matthew and Richard his brothers, Richard
Carpentar, Henry his brother, Richard son of Alward,
William son of Swein, Roger Parden, Nicholas de Finer,
Robert de Pecco, Richard de Wulmore, Thomas de la
legh, Simon de Gerardeshalth, Hugh de Holaund, Thomas
de Whithenhull, Roger de Eukeston, Adam his brother,
Hamo de Werington, Walter de Holaund, Simon Redberd,
Adam Fivewinterald, Richard de Kiuerdal, Madin son of
William de Holaund, Gilbert Tailor of Holaund, Henry de
Holaund, Roger son of Thurstan de Holaund, William
son of Matilda, Geoffrey de Whallay, John de Blakeburne,
Henry son of William de Liveshay, Richard de Meluer,
20 LANCASHIRE ASSIZE ROLLS.
Benedict de la Lawe, John de Rotholueswurth, . Alexander
Daunger, Robert son of Richard de Hecles and Uctred
de Wallay re 4 acres of land in Eukeston.
Henry de Wallay, Adam de Holaund, Thomas de WithenhuU and Jolin
de Blakebume appear. The others were attached viz. Richard and Matthew
brothers of Adam de Holaund, by Henry Spere, Thomas de Siuerleg, Richard
de Wulvemor ; Thomas de la Legh, by Henry son of Arkel and Henry Spere ;
Hamo, by Henry son of Martin de Holecrof t and Hugh de Fayrwa ; Thomas
de Withenhull, by Adam Widf are and Gilbert de Westeley ; Roger de Eukiston,
by Richard Judge {Judicem) of Eukeston and William de Swiney. Richard
de Kiuerdal, by Gospatric de Kiuerdale and Peter de Kiuerdale ; Madin, by
Richard son of William and Robert son of Juliana ; Geoffrey de Whallay, by
Patrick le Harper and Benedict son of Ranulph de Billington ; Henry son
of William de Livesley, by Richard de Witton and William Bagger ; Richard
de Melwrith, by Robert de Melwrith and William Bacun; Robert son of
Richard, by William Liveshey and JT)rdan de Eccleshull; the others not
found.
Verdict for Plaintiffs against all but John de Blakebume : Judgment
accordingly. Damages i mark.
Novel disseisin — William de Derusbiri, John de Sutton,
Alan le Norreis and William le Norreis 7a Adam son of
William Blundel re common of pasture in Sutton.
Defendant admits that he has enclosed and appropriated one acre.
Judgment for Plaintiffs. Defendant to custody, later fined ^ mark ;
sureties, Alan le Norreis, William le Norreis.
Novel disseisin — Quenilda de Slaneden v, Matthew son
of Adam, Henry son of Ivo and Agnes his mother re |
oxgang in Humfridesfeld.
Matthew does not come, and was attached by Adam de Rodes, and
Peter de Hallestnd; case proceeds in default.
Verdict, that defendants disseised Plaintiff, but before the term named ;
Judgment for defendants.
Novel disseisin — Elias le Harpur and Alice his wife
V. Elias de Dene and Thomas de Stanlawe re common
of pasture in Reved.
Plaintiffs do not prosecute ; sureties, Robert de Kuntecliue and Adam
son of Henry de Reued.
Novel disseisin — William de Hauckeswurth v, Richard
son of Alan re 7^ acres in Dillesworth.
Verdict for Plaintiff, with Judgment. Damages 4s.
30-31 HENRY III. 21
Mort d" Ancestor — Edith daughter of Ranulph v. Ranulph
son of Jordan re 3 acres in Lindale.
Plaintiff does not prosecnte ; sureties, Thomas de Lindale and Gregory son
of John.
Dower — Juliana late wife of Henry de Waleton v, ^'5'
Richard son of Henry re a third of 12 oxgangs in
Wavertre and re a third of 4 oxgangs in Kirkedale, as
dower.
Defendant calls to warrant William son of Henry de Waleton, who
says he ought not to answer, for Juliana got her dower before Robert de
Lexinton and his fellows, and it was agreed that Jnliana should quitclaim
all her rights in all the said lands of the said Henry, her late husband, for
certain lands and tenements which William granted viz. 4 oxgangs in Neusum,
2 in demesne and 2 in service, and 3 oxgangs in Wavertre in demesne, and
40 acres of waste in Waleton, reserving to Juliana the dower she held before.
The rolls of that Eyre are searched and testify to this effect. Nonsuit.
Surety for plaintiff, Richard de Waleton. {Lancashire FineSy p. loi,
no. 114.)
Writ of Utrum — Whether 16 acres of land in
Samelesbiry be free alms pertaining to the Church of
Samelesbiry, whereof the Abbot of Stanlawe is parson,
or the lay fee of William de Samelesbiry.
The Abbot says that one Henry his predecessor, late parson of the said
Church, was seised in fee, as in right of his JChurch, in the time of the now
King. William calls to warrant Eadmund son and heir of John de Lasoy
Earl of Lincoln, who is under age and in the King's custody, claiming by
charter of Roger de Lascy grandfather of Eadmund. 8i7ie die till Eadmund
be of age.
Mort d' Ancestor — Mariota wife of Henry de Yolton
and Sigherith her sister, in right of Walthef de Clafton
their father v. Roger le Fraunceis (holding 2 oxgangs) and
Uctred Plat (^holding 2 oxgangs) re 4 oxgangs of land in
Farleton.
Defendants say that Mariota and Sigherid were bom long before
Waltheof espoused their mothers. Henry de Yolton gives \ mark for leave
to concord ; surety, John son of Walthef ; and Uctred gives also \ mark ;
surety, Roger le Fraunceis ; and they have a chirograph. Sigherith, being
under age, is granted i oxgang till of age, so that she, when of age, may be
able to sue for the whole of the said land if she wish. (Lancashire
Fines, p. 104, no. 122.)
22 LANCASHIRE ASSIZE ROLLS.
Novel disseisin— ^^n\A^\i de Hole and Sabina his wife
V, Abbot of Deula Cresse re tenement in Brune.
Plaintiff withdraws ; sureties, William de Hull, Robert son of Adam
de Westhusum.
Acquittance of Service — William de Karleton v, Robert
de Stoks re service exacted by William de Lancastre for
freehold held of defendant in Karleton.
Plaintiff says that William de Lancastre compels him to make suit
every three weeks at his Court at Greirstak. Defendant admits that plaintiff
holds of him. Plaintiff gives i mark for leave to concord, and Robert agrees
to acquit him of the service, and is told to go to the said Court and do so.
{Lancashire FineSy p. 120, no. 147.)
Novel disseisin — John de Leh v, A vice de Ingol re
2 acres of land in Ingol.
Verdict for plaintiff, with Judgment. Baldwin de Preston, husband of
Avice, fined. Damages 2s.
Novel disseisin — Richard son of Robert v. Robert de
Faleghes and others re common of pasture in Gosenarch.
Plaintiff did not prosecute ; sureties, Richard de Hacton and Richard de
Barton.
Novel disseisin — Adam de Ekleston v, William de
Lancastre and others re tenement in Ecleston.
Plaintiff did not prosecute ; sureties, John de Orhil and Richard de
Maghale.
Novel disseisin — Matilda late wife of Thomas de
Whitingham v. Alexander Clerk, Matilda his wife and
Ranulph de Gosenar re a messuage and an acre of land
in Whitingham.
Defendants say that plaintiff lies, for they and Alice wife of Ranulph sued
one Alice de Syngelton for the said tenement on a writ of Right; and it
was agreed that Alice should give up the same as the right of Matilda
and Alice. Plaintiff says that she sued the said Alice for the same at
Westminster, as her dower, and Alice came and surrendered the premises
to her : and plaintiff took the King's writ to the Sheriff of Lancashire,
and Richard le Butyler then Sheriff put her in seisin, and she held for 10
weeks till Alexander and the others ejected her. The defendants admit this.
Judgment for plaintiff with damages, which are taxed by the jury at 2s.
30-31 HENRY III. 23
Alice late wife of Alan de Singelton gives J mark
for leave to concord with William son of Alan, in plea
of fine made.
Lancashire Fines, p. 92, no. 100.
Margery wife of Alan le Norreis appoints the said
Alan her attorney v. Matilda de Ingoles in plea of debt
Mort d' Ancestor — Benedict Blundell, in right of Simon m. 5 dorso,
his father v. William Russell and Amabel his wife re an
oxgang in Barton.
Defendants call to warrant Bichard son and heir of William Blnndel
who comes and warrants.
It is agreed that defendants shall hold in peace, and Bichard makes
exchange to Benedict to the same yalne.
Entry — Thomas de Sivredeleg v. Roger son of Henry
and Alice his wife re 8 acres in Siurdeleg.
Plaintiff did not prosecnte ; sureties, Adam de Pemberton and William
de Billing. Later plaintiff comes and pursues his writ, &c. [fine erased].
Dower — Suunyna late wife of William de Grenhull
V. William de Lancastre re tenements in Kerneford.
Plantiff did not prosecute ; sureties, Michael de Greenhol and William
his brother.
Novel disseisin — Ralph de Mitton v, Jordan son of
Ralph re common of pasture in Cheydesleg, of which
defendant has assarted and worked about 20 acres and
reduced them to culture.
Verdict for plaintiff for 2 acres only : Judgment accordingly. Damages 2s.
Obstruction — Richard de Winkedeleg v, Richard de
Monleg, Ralph his son, Richard de Daniscole and Osbert
his son re obstruction of a way in Autton.
Plaintiff says that he cannot get to his pasture and land, to cultivate
it, as conveniently as he used to. Verdict for plaintiff. Judgment — that
the obstruction be removed at defendant's charge. Sureties for defendant,
Bobert de Wikedele and John de Bradhull. Damages 2b.
24 LANCASHIRE ASSIZE ROLLS.
Mort d' Ancestor— Richdivd de Wurkedeleg, in right of
Roger his father v. William son of Odo re 8 acres of
land in Barton.
Defendant calls to warrant Gilbert de Barton, who denies that Roger
died seised of the land. Verdict— that Roger was ejected by Gilbert two
years before his death. Judgment for defendant. Surety for plaintiff,
Gilbert de Kulcheth.
Novel disseisin — Adam de Radcliue v, Adam de parva
Leure re 12 acres arable and 80 acres waste in Radecliue.
Verdict and Judgment for defendant. The jury find in addition that
Adam de Leure disseised Adam de Radcliue of a wood in the said waste,
and of part of the waste. Judgment for plaintiff for this amount. Surety
for defendant, Roger de parva Boulton. Damages I2d.
Writ of Entry — Ralph de Mitton v. John de Winkedeleg
and Robert his son re 10 acres of land in Acton, in
which they have no entry except through Simon de
Grenehurst, to whom Robert de Mitton father of Ralph,
his heir, demised it for a term now expired.
Defendants admit that they have entry through Simon, but say that he
was enfeoffed by Hugh de Mitton, not by Robert. Each party gives
\ mark for a trial. The jury, elected by consent of the parties, say that
Simon was never enfeoffed nor held in fee but for a term. Judgment for
plaintiff.
John son of Henry de Hewode and Avice his wife
acknowledge that they have given to Reyner de Arches
his heirs and assigns all their lands, without exception, in
Hapton, which Thomas Clerk of Halvetham gave to the
said John in marriage with Avice ; as is more fully
contained in a grant of John and Avice which Reyner
has produced.
^^ 5^ John Arbalaster \Ballistarius'\ gives one mark for leave
to concord with Eve, late wife of Geoffrey Arbalaster
\Ballistarius'\ as to dower, and has a chirograph.
Lancashire Fines, p. 96, no. 104.
30-31 HENRY in. 25
Writ of Right — William son of Simon v, William
son of Richard re 22 acres in Alithweit.
Defendant has put himself on the grand assize, bat does not appear on "Sftrk
the fonrth day. The land seized into the King's hands, and defendant
ordered to be at York on Wednesday after Martinmas.
Novel disseisin — Richard Travers v, Adam de Hutune
and Richard de Hutune re right of estover in Adam's
wood in Hutun.
Adam says that the wood is owned by defendants, and plaintiff has no
ground in the wood that he can show. Plaintiff nonsuited, with leave to
proceed by another writ if he can.
Mort d* Ancestor — Adam son of Rygherigh v, Gilbert
son of Gilbert Smith [Faber'\ and many others.
Plaintiff did not prosecute ; sureties, Alan de Buynacres and Maddoc de
Atton.
Proof of Freedom — Peter de Burnul v, Siward son of
Matilda whom he claims as his fugitive villein (nativum
et fugitivum\
Siward comes not on the fourth day, and this day was appointed for
him to prove his freedom before the Justices, but he does not proceed.
Sureties, Jordan de Pecwurtham and William de WhithuU.
Mort d Ancestor — Adam son of Emma v, Adam le
Chef re half an oxgang in Farnwurth.
Plaintiff did not prosecute; sureties, Adam de parva Leure and John
de Magna Leure. Later Adam appears. [Fine erased].
Novel disseisin — William son of Absalon and Eduth
his wife v. Stephen son of Thomas re one oxgang and a
messuage in Wythington.
Stephen says that William gave him the premises in free marriage with
Avice his daughter and enfeoffed him thereof by deed produced, and relies
on the jury of the said Assize and on the witnesses named in the said deed.
Verdict and Judgment for defendant.
Mort d Ancestor — Adam de Farnwurth, in right of
Emma his mother v. Adam le Chef re half an oxgang
in Farnworth.
Verdict, that Emma died before the term named. Later the parties come
to terms, Adam le Chef paying half a mark for leave; surety, Adam son
of Emma.
Adam de Badeclyue, a juror of that Assize, pays a fine of 40s. for
himself and eleven fellows, for trespass.
26 LANCASHIRE ASSIZE ROLLS.
Mart tt Ancestor — ^William son of William Godman v.
Abbot of Cokersand re one oxgang and 6 acres in Gayrstang.
Plftiiitiff withdraws: he and siirecies fined riz. Riciiaid son of William
Godmaa and William son of Hamo de Bilbazglu
Dower — Alice late wife of Elyas de Plesinton v.
Abbot of Kyrkestal re a third of 5 oxgangs in Huncotes,
as dower.
It appears that pfanntiff has reoeiTed a part of her dower. Nonsuit —
widi leare to proceed by another writ.
Mort d Ancestor — Sibilla wife of Adam de Lairebrech,
in right of Agnes daughter of Adam her sister v. Adam
son of Robert de Pulton re a toft and an acre in Pulton.
Defendant sajs that plaintiff had a sister of the same father and mother,
Avice by name, who had a daughter AHoe stiU living, i^Murt from whom
plaintiff cannot claim. Plaintiff nonsuited.
Mart cC Ancestor — Alan Forester, in right of Hugh
his father v, Avice late wife of Hugh (holding 10 acres),
Hugh son of Avice (holding 10 acres), and William le
Forester (holding 12 acres) re 32 acres in Elhale.
Defendants say that Alan had an elder brother Robert, who had several
children, now living, by his lawful wife. Plaintiff nonsuited.
Writ of Entry — Michael son of Michael de Thornton v.
Richard son of Michael re 2 oxgangs in Trefeld.
Plaintiff did not prosecute ; sureties, Roger de Shingelton and Roger de
Hamelton*
m, 6 dor 80. ]ohn son of Robert gives half a mark for leave to
concord with William de Meoles, in plea of land.
Lamcashire Fines, p. 102, no. 115.
Dower — Sibilla late [wife] of Alan son of Warin v.
Stephen son of Kenwrek re a third of 2 oxgangs in
Simundeston, as dower.
Defendant says that plaintiff was never joined in lawful wedlock.
Nonsuit; mandate to Bishop of Chester for Convocation to enquire before
him into the truth of the matter, and report by letters patent.
sear t£ im ^w%, ^ WHSkk twK <£ WSQIhr i^ V<M ^ )^
ami of ^MiiiiM ani las )mss 1«r <« « w i.
of frlaf"*^**. aad ^T ^wv « ckirarn^plu
WrU €f Eutrp — Roger de Astckg r. Alcx^inkr tk
TyHeslcg re half an oxgang in Astelegj detni:!^ by
plaintiff to defendant for a t^m ik>\v expired.
Judgmpnf for plaintiff. Ssretr fw del<»diUEit^ Rk^liiurd \V r^«ii«^UMft.
yavd disseisin — Adam son of Alexainlcr de RudeclyiH?
and Peter son of Adam r. Adam son of Willmm dc
Radecl3a]e re common of pasture in Radcclyue, about 4
acres, in which defendant has dug for minerals (mm^r^^
Same v. same, before the same jury, rt 3 Acre^i in
the same vill.
Robert de Sipwaldbotle, a juror, absent Vordict>, aa to th« 3 atMr^t fxw
plamtiffs, with Judgment. Damages 1 2d.
Verdict, as to common of pasture — that plaintiffs havt) amplti imMi^iiH)
for all their beasts : Judgment for defendant.
Dower — Alice late wife of John de Walton v. Gregory
son of Adam re a third of 2 oxgangs &c. it) Wulcton,
as dower.
Plaintiff comes and acknowledges that Gregory hai latiifled hor dial hi 1
and she is content. Defendant fined for not doing 10 before.
Robert de Mulinaus gives half a mark for Icnvc to
concord with Adam de Molinaus in a plea of AcquittHiU'o,
by surety of the said Adam, and they have a chlr()({ruph.
Lancashire Fines , p. 104, no. 121.
28 LANCASHIRE ASSIZE ROLLS.
Elyas de Cnolle gives half a mark for leave to concord
with Adam de Palay and Christian his wife in plea of
Warranty of Charter : surety, Richard de Knolle.
j^^ J, Novel disseisin — Robert son of Adam v, William de
Carleton re headlands {ckevescis) in several places in
Inscype, containing about 2 acres.
Henry de Forton, a jxu?or, absent. Verdict for defendant, with Judg-
ment.
Novel disseisin — Richard de Wytingham and Hawise
his wife v. William de Karlton and others re tenements
in Soureby.
Plaintiffs did not prosecute ; sureties, Robert son of Adam de Inscip
and Roger Spark.
Novel disseisin — Simon de Halsal v. Adam de Mul-
ineus and others re a tenement in Maghal.
Plaintiff did not prosecute ; sureties, Richard son of Simon and
Richard son of William.
Proof of Freedom— Gilbert de Nutehil and Adam le
Erl V. William parson of Flyxton Church, who claims
them as his fugitive villeins (naiivos et fugitivos suos).
Defendant comes not on the fourth day; sureties, Hugh son of
Alward and William son of the same. Gilbert and Adam dismissed
sine die.
Novel disseisin — Gilbert de Kiuerdale v, Richard Ban-
astre re 3 acres in Kiuerdale.
Verdict for plaintiff, with Judgment. Sureties for defendant, Adam
son of Lagheman and Richard de Whetelegh. Damages 2s.
Novel disseisin — Robert de Penelbyry v. Roger son of
Elyas and John son of Robert re 12 acres in Halcghton.
Verdict — that the land is not Robert's separate property but his common
pasture. Judgment for defendants. Surety for plaintiff, Richard de
Huston.
30-31 HENRY III. 29
Agnes, late wife of German de Flixton, who brought
two writs V, the Sheriff of Lancaster for the restoration
of the chattels and animals of the said Agnes, which
Henry de Thorbok and Henry son of Wenn took and
detained, does not prosecute ; sureties, Ranulph son of Richard
de Warnwathe and Simon de Boxton.
Writ of Entry — Adam son of William v. Richard
Banastre re 2 acres in Bretherton.
Defendant has no entiy except throngh Adam Banastre, to whom
William son of Ulkelf , whose son and heir plaintiff is, demised for a term now
past. Defendant claims through Adam Banastre, his father, who took possession
of the land as his yillenage, as the plaintiff's father was villein of Adam and
held in yillenage. Both parties demand a trial, and Richard gives one mark
for a jury. Afterwards they come to terms, Adam giving half a mark for
leave ; sxurety, the Prior of Lythnm. {Lancashire Fines, p. 96, no. 103.)
Nativity — The same Richard withdraws his writ {de
nativitate) v, the said Adam : sureties, Roger son of
Hervey and John son of Adam.
Mort d! Ancestor — Geoffrey de Byron, in right of Richard
de Byron his brother v, Geoffrey de Wyrkesl re \2 acres
in Wirkedel.
William de Magna Leure, a juror, absent. Verdict — ^that Richard died
seised, and Geoffrey is his next heir. Judgment for plaintiff.
Novel disseisin — Andrew de Choller, Ailward Thagun
and Roger de Pilkenton z/. Robert de Stapleton, Thomas
de Cutheworth and Henry le Low re 20 acres in Shollere.
Defendants not present; not attached, being of the county of York;
William de Middleton, a juror, absent. Verdict that defendants removed
bracken and rushes {feugeram et coopertttram) which were on the land and did
not allow the plaintiffs to use it. Judgment for plaintiffs. Damages 2s.
Novel disseisin — Siward de Derewent and Cecily his
wife V. William son of William Assolf, William, Adam
and John, his sons and Ralph son of Emma re common
of pasture in one acre in Holsnade.
30 LANCASHIRE ASSIZE ROLLS.
William son of William Assolf absent, attached by Henry his brother
and Roger son of Simon de Quicstan : Elias de Thorboc, a jnror, absent.
Verdict — that defendants broke up and enclosed (fruasauerunt et inclus-
eruntj about half an acre only. Judgment a^scordingly. Damages I2d.
m. 7 dorso. Novel disseisin — Alice de Liverseg v. Richard son of
Andrew de Hunneswurthefeld re common of pasture in
Honeworthesfeld, i acre.
Plaintiff says that Robert de Liverseg her father had common of
pasture in i acre, in the time of John, the King's father that now is,
and on his death the right descended to plaintiff as daughter and heir,
who claims 2os. damage for loss.
Defendant admits the right to common after the crops and hay were
carried, and denies that he ever interfered with this right. Andrew his
father died seised of the land, and Matthew, father of Andrew, held it
all his time in his separate take — neither Alice nor any of her ancestors
had common there till after the crops of hay were carried — he claims a
trial. And plaintiff gives I mark for a jury; sureties, Henry le Wilde of
Buterwurth and Thomas his brother.
Verdict of Jury, elected by consent — that Robert de Liverseg, father
of Alice, died seised of common of pasture in the said acre, and could
common there all the year with all his cattle. Judgment for plaintiff.
Nuisance — Roger de Birkel v, Geoffrey de Middelton re
a pond (stagnum) constructed in Bure which detains water
and floods plaintiff's land.
Adam de Biry v, same re same.
Verdict for defendant in latter case, and for plaintiff in former, in that
defendant when he made the pond diverted the water and laid waste
Roger's land. Judgment that the pond be destroyed (prostemeturj so far
as it is a hurt.
Afterwards it is agreed that the pond remain as it was when the writ
was issued on the defendant undertaking to pay a rent of half a mark yearly
for ever, by equal portions at Martinmas and Whitsuntide, with liberty to
distrain for rent on the stones of the said mill and the waterflow (per
lapides eidem molendino et fusumj in case of default.
Novel disseisin — Agnes daughter of Richard de Salis-
byry and Avice her sister v. Hugh son of Ranulph re
a fourth part of the vill of Salesbyry.
Defendant absent; surety William de Thorenton.
Verdict — that Agnes and Avice recovered seisin before the last Justices
in Eyre. Judgment for plaintiff, damages } mark.
30-31 HENRY III. 31
Novel disseisin — Roger son of Adam v. Ralph de
Kellet re 2 oxgangs in Slyne.
Plaintiff did not prosecute ; sureties, Roger Flayrd of Kertmel and
Gospatrio son of William de Balton.
Novel disseisin — Thomas Bussel of Eukestan, Richard
de Stanediss and Stephen de Armetheriding v, Adam de
Holaund, Thomas de Leghis and Richard de Eukeston
re a parcel of land, about i acre, in Eukeston.
Thomas de Leghes attached by Henry Spere and Henry son of Airkell ;
Richard de Eukeston, by Nicholas de Eukeston and Roger de Kerden. William
Painter (Pictorjj a juror, absent. Verdict — that Adam and the others had
common of pasture in the land, which is not plaintiffs' freehold.
Judgment for defendants.
Mori d^ Ancestor — Christian wife of Robert son of
Gene, in right of Jost de Thochol her father v. John
de Lewed re 16 acres in Thocol.
Defendant says that the land came to him in marriage with one Edusa
his wife and he has no claim till after her death, and he has issue by her
one Henry his son under age and in his ward. Josctius and Christian
cannot deny this. Judgment for defendant.
Novel disseisin — Roger de Hurleton v, Robert de ^. 8.
Morcroft re i acre in Hurleton.
Verdict for defendant with Judgment.
Mori d Ancestor — Richard de Flixton v, Wigan de
Lachok re 12 acres in Lachok.
Plaintiff did not prosecute ; sureties, Geoffrey de Clascrok and Robert
son of Wolueter de Clascrok.
Novel disseisin — Alice de Liverseg v, Patrick son of
Michael, Richard son of Andrew, William son of Beatrice,
Henry son of Ivo, Roger son of Adam and Michael de
Lightholevers re common of pasture in about 8 acres in
Hunwurthefield.
Patrick attached by Alward de Buterwurth and Walter de Kleg.
Verdict — that defendants enclosed and broke up about 8 acres. Judgment
for plaintiff. Damages 2s.
D
32 LANCASHIRE ASSIZE ROLLS.
Gilbert de Barton gives 20s. for leave to concord with
Thomas Gresley in plea of Custom and Service ; surety,
Matthew de Redeman.
Lancashire Fviies, p. 93, no. lOl.
John de Blakeburn gives i mark for leave to concord
with same Thomas in plea as to why he hunted in the
forest of the said Thomas ; sureties, Geoffrey de Middelton
and Gilbert de Culchef Richard de Alreton and Henry
de Whallay give i mark for same ; sureties, Ralph de
Mitton and Roger de Bradshag. And the said John,
Richard, and Henry acknowledge that they have no
right of chace in the said forest, and that they and
their heirs will not hunt there without the leave and
will of Thomas and his heirs.
Proof of Freedom — Robert son of Hugh v. Richard
de Muston who claims him as his fugitive villein.
Plaintiff did not prosecute; snreties, Adam le Chef de Farnworth
and Roger son of Sigherith de Farnworth.
Novel disseisin — Adam de Sunderland v, Hugh de
Osbaldeston and Robert de Stodelhirl re common of
pasture in Osbaldeston
Gteoffrey de Quallay, a juror, fined for trespass. Verdict for
plaintiff, with Judgment. Damages 6s.
Novel disseisin — John son of Henry de Heghwude
and Avice his wife v. Thomas de Halwetham clerk
and Roger and William his sons re 8 acres in Hapton.
Thomas admits the disseisin. Judgment for plaintiff. Surety for
Thomas, Richard Fitun. Damages 16s.
Wril of Entry — Jordan Cullot and Matilda his wife v,
Robert le Feure of Cliderhow re i toft in Cliderhow.
Defendant admits that he has no entry except through Alexander
Creaunt father of Matilda (his heir), who demised it to him for a term
nQW past, Judgment for plaintiffs.
30-31 HENRY III. 33
Hugh Queor de Rey gives ^ mark for leave to concord
with Hugh son of William and Cecily his wife and
Henry de Dunham and Hawise his wife, in plea of land ;
surety, Hugh son of William ; and has a chirograph.
Lancashire FineSy p. 105, no. 123.
Writ of Entry — Margery daughter of Albert v, Robert
de Bothelton and Godith his wife and Matilda daughter
of Walter de Atton re i oxgang in Clayton.
Plaintiff says that defendants have no entry save through Richard del
Feld to whom Albert de Clayton, father of Margery (his heir), demised for
a term now past. Defendants say that Matilda has a husband, Roger le
Fraunceis by name, who is not named in the writ. Plaintiff nonsuited.
No fine on account of her poverty.
Writ of Entry — William son of Ailsy v, Robert de
Boulton re 18 acres in Claiton.
Plaintiff claims that the land was demised to defendant by Ailsy de
Claiton for a term now past.
Defendant says that Ailsy gave him the land and enfeoffed him by
charter produced : and as plaintiff shows nothing as to the term, and
defendant produces the charter. Judgment for defendant. No fine because
of plaintiff's poverty.
Writ of Right — Abbot of Caudre v. Prior of Cuniges- Cuntber-
heued. Day given at Appleby on the morrow of S. latxi.
Martin. The Abbot appoints Brother Walter, his monk,
his attorney.
Quonyna wife of Roger Gernet appoints her husband
her attorney v, William son of Uctred and others, in
plea of land.
Richard de Button gives \ mark for leave to concord
with Richard son of Vivian and Hugh Gogard, in plea of
land ; surety, Henry de Whalley.
Lancashire Fines, p. 97, no. 106.
Writ of Entry — Richard son of Richard le Feriman v, m. 8 dorso.
Richard Clerk of Crouington re an oxgang in Crouington.
Defendant absent on the fourth day, and elsewhere has made default j
Sheriff has seized the land into the Eling's hands. Judgment for plaintiff.
34 LANCASHIRE ASSIZE ROLLS.
Dower— Hamse late wife of Robert Corbin v. Henry
de Waleton re a third of one oxgang in Hulm, as dower.
Defendant denies that Robert Corbin was ever seised in fee, and asks
a trial. Afterwards the parties come to terms, Henry giving i mark for
leave (surety, Roger de Mulinaus) and it is agreed that Hawise remit all
claim on receipt of los. from Henry.
Mori cf Ancestor^ Alice and Aldusa, in right of William
de Raidewath their father v. Alexander son of Robert
re ^ acre and 4 perches in Chadewik.
Adam de Thomam and Robert lerased'] William de Middelton, jurors,
absent. Verdict— William died seised, and Alice and Aldusa are his heirs.
Judgment for plaintiffs.
Novel disseisin — Swain son of Osbert v. Richard de
Frekelton, Adam de Shyngelton and Adam his son re
2 parts of 2 acres in Frekelton.
Verdict — that Adam de Shingelton and Adam his son disseised the
plaintiff. Judgment for plaintiff against these two, and for Richard de
Frekelton against the plaintiff. Damages I2d.
Novel disseisin — Roger de Melling and Robert de
Mulinaus v. Simon de Wadacre, William de Witnes,
Robert Bakere and Richard his brother re i acre in
Melling.
Simon alone appears. William was atta>ched by John de Widnes and
Richard de Hupton ; other defendants not found.
Verdict for defendants; Judgment accordingly. Surety for Simon's
fine William de Litherland. Damages I2d.
Novel disseisin — Juliana late wife of Henry de Waleton
V. William de Waleton re i oxgang and 20 acres in
Waleton, and 8d. rent.
Verdict for plaintiff for I oxgang and 5 of the 20 acres. Judgpnent
for plaintiff for that amount, and for defendant for 15 acres and 8d. rent.
Plaintiff not fined because of her poverty. Sureties for defendant, Adam
de Cnousle and Henry de Ditton. Damages \ mark.
Nativity— Ahho\, of Chester v, Hugh son of Wiun and
Robert son of Gregory, whom he claims as his fugitive
villeins.
Plaintiff absent j sureties, Bichard de Moston and Richard de Trafford.
30-31 HENRY in. 35
Proof of Freedom — Hugh son of Alexander v. Abbot
of Chester, who claims him as his villein.
PlaintifE did not prosecute; sureties, Thomas le Velur of Jacton and
Richard de Staining.
Novel disseisin — ^ Richard son of Henry de Waleton v,
Maddoc son of Bledena and divers others re tenements in
Hacton.
Plaintiff did not prosecute; sureties, Alan de Ruynacres and Bichard
de Fomeby.
Mort d' Ancestor — Robert le Eir, in right of Richard
his father v. Prior of Birscogh re 4 acres in Lathum.
William de Lidgyate, a juror, absent. Verdict — that Richard le Eyr, father
of plaintiff, only held a lease from year to year as tenant at will under
the Prior. Judgment for defendant. No fine, plaintiff poor.
Ranulph de Scharples acknowledges that he has by his
charter granted to Henry his brother a piece of land in
the vill of Scharples doing homage, viz. — that part
called Folescalis and the buildings thereon, within certain
bounds more fully named in the charter which is produced
by Henry in the name of Ranulph.
Novel disseisin — Agnes late wife of Richard son of
Robert v. Ralph son of Richard re a fifth of \ oxgang in
Cholleston.
Defendant absent on the fourth day. Sheriff has seized the land
into the King's hands. Judgment for Agnes.
Writ of right — Adam de Pemberton v. Peter de Burnhull
re 200 acres in Pemberton.
Plaintiff says that Alan his father was seised in fee in the time of King
Henry, grandfather to the now King, taking thence issues to the value of
\ mark, and the right descended to plaintiff as son and heir; and that
such is his right he offers to deraign {disrationare) by the body of a certain
free man of his, Philip by name, as by the view of Adam his father
(u* de visu Ade patris sui).
And Peter comes and defends {i.e. resists) Adam's right and the seisin of
the said Alan, his predecessor, and he is prepared to defend it by the body of
a certain free man of his, John de CophuU by name, who is ready to
defend it with his body as the Court shall decide ; and it is decided that
John give gage to defend (vadium defendendi) and Philip give gage to
deraign {vadium disrationandi) . Sureties for John, Richard de Trafford,
36 LANCASHIRE ASSIZE ROLLS.
Adam de Badecliue, John de Blakebume and Richard de Fynington ;
sureties for Philip, Alan de WindhuU, William de Pemberton, James de
Pemberton and John del Mer^.
Day given them on the morrow of the octave of St. Martin at York
[19th November], and thither let them come armed.
Afterwards at Warr [Warwick] was a duel armed and fought {Duellum
armatum et percussum) between them : and the said Philip was vanquished
in the field. Judgment — that the said Peter and his heirs after him hold that
land in peace, quit of said Adam and his heirs for ever. And Adam is
fined, and Philip to gaol.
Richard le Buteller gives J mark for leave to concord
with Henry le Buteller in plea of Warranty of Charter ;
surety the said Henry.
Lancashire Fines, p. icx), no. ill.
Writ of Entry — Brun de Pull, Margery his wife and
Ammiria her sister v. Richard le Butiller re 5 acres in
Blenkanesho.
Plaintiffs say that the land is the inheritance of Margery and
Ammiria, and that defendant has no entry but by Gilbert son of Outhkell
to whom Outhkell de Wartbano (who had only the custody of Margery
and Ammiria while under age) demised it.
Defendant says he should not respond, as he claims only as guardian
of Almeric son of Simon de Thorinton, a minor and in his ward, and
during whose minority he claims. Plaintiff nonsuited. No fine because
poor.
Warranty — Abbot of Cokersand v, Roger de Hurleton
re 48 acres in Hurleton.
Plaintiff holds by charter of Robert de Hurleton father of Roger, of
his gift and feoffment.
Later Roger comes to terms the Abbot paying \ mark for leave.
Novel disseisin — Richard son of William and Simon
son of Gilbert v, Robert de Lathum, Simon de Haleshale,
Adam de Cnousle, Henry de Torboc senior, Thurstan de
Hoylaund, Henry son of Adam and Robert de Stratton
re the fourth part of 180 acres in Ruwinton.
Robert de Lathum, Simon, Adam and Thurstan, appear; the others
absent. Robert de Stratton attached by Adam his brother and Adam de
Denebyj the others not found.
Verdict — that the land is in Aniawesaregh, not in Rowington. Plaintiffs
nonsuited, with leave to proceed by another writ ; sureties, Adam de
Haywod and John de Ruwington.
30-31 HENRY in. 37
Novel disseisin — Andrew de Shalwer, Award Takun
and Roger de Pylkinton v. Simon son of Thomas de
Chaydok and John his brother te 5 acres in Chalwer.
William de Middelton and Henry de Hepethe, jurors, absent. Verdict
for defendants, with Judgment.
Robert de Miilinaus and Alice his wife acknowledge
that they have granted and quitclaimed to Grimbalde
de Elhal one oxgang in Elhal, which Robert had in free
marriage with the said Alice his wife, to hold of Robert
and Alice and the heirs of Alice for ever, as is more
fully shown in the charter which Grimbald possesses.
Mort d' Ancestor — Adam son of Thomas de Sengelton,
in right of his father v. Alexander Clerk re two parts
of an oxgang in Witingeham.
Defendant says the land is the inheritance of one Matilda his wife
who is not named in the writ.
Plaintiff nonsuited ; excused fine being under age.
Novel disseisin — Thomas de Bethun v, William son ofm.gdorso,
Henry de Waleton and others re tenements in Botle.
Plaintiff withdraws ; sureties, Adam de Octon and Richard de Thornton ;
surety for fine, Roger Gernet of Burgh.
Dower — Richard de Birches and Margery his wife v.
Adam de Aldewainestath re dower wherein Martin son
of Adam, late husband of Margery, endowed her in that
vill.
Plaintiffs did not prosecute; sureties, Philip Page of Failesworth and
Jordan son of Adam de Tongton.
Novel disseisin — Adam Laweman and Richard Banastre
V. the Abbot of Evesham, Clemence late wife of Robert
Banastre, William parson of Leylond Church, Robert de
Farenton, Alan son of Jordan, John Biscop, John son of
Thomas, Ralph son of Richard, Adam son of Gilbert,
Simon de Waleton, William son of William, Richard son
of Richard, William son of Richard, Richard son of
Robert, Walter son of Geoffrey, John son of Robert,
38 LANCASHIRE ASSIZE ROLLS.
John son of Richard and Robert son of Wilecons re
common of pasture in Waleton, where defendants have
broken up and enclosed icx) acres.
William parson of Leylund Church alone appears. The other defendants
were attached, viz. : — The Abbot, by Henry de Basag and Dobbe son of
Willecons ; Clemence, by Richard son of Robert and Richard son of Walter ;
Robert de Farenton, by William son of Ralph and Thomas son of William »
Alan son of Jordan, by Richard de Bui aye and John Ithgate; John son
of Thomas, by Thurstan his brother and Robert his brother ; Ralph son of
Richard, by Thomas son of Tilla and John son of Thomas ; Adam son
of Gilbert, by Gilbert son of Gilbert and Gemman his brother; Simon de
Waleton, by Peter Smith {¥aher) and Moddoc de Waleton j William son
of William, by Peter Smith and Thomas son of William; Richard son of
Richard, by Hutte son of Thomas and Robert his brother; William son
of Richard, by Dobbe son of Ralph and Alcok his brother; Richard son of
Robert, by Augustine de Waleton and William son of Richard de Waleton ;
Walter son of Geoffrey, by Thomas son. of William and William son of
Crotha; John son of Robert, by Richard son of Abraham and Dobbe son
of Bibby ; John son of Richard, by Henry his son-in-law and William
brother of John; John Biscop, by Robert son of Jordan and Henry his
brother; Robert son of Willecons by Ralph de Farenton and Henry de
Farenton.
As the Jury have not viewed, case adjourned to Wednesday, All
Saints' Eve.
Later Henry Banastre, Adam Lagheman, and Richard Banastre are called
and come not; sureties William son of Avice de Colevill, Peter Smith
of Waleton, Robert le Gras and Geoffrey de Waleton.
Novel disseisin — Abbot of Cokysand v. Robert de
Netelham re i acre in Haton and Hansfeld.
Verdict for plaintiff with Judgment. Damages I2d.
Novel disseisin — Hugh Fitun v, Richard son of John
Fitun re common of pasture in Harewude, in a moor
and a wood.
Verdict for plaintiff with Judgment. Surety for defendant, Henry de
Claiton. Damages 2s.
Novel disseisin — Walter de Blossevill v, William de
Lancastre and others re tenements in Wolueston.
^yXVM* Plaintiff did not prosecute; sureties, Luke de Colum of the county of
SBOfjCCdtCt Buckingham, and Thomas de Liclington of the county of Worcester.
30-31 HENRY III. 39
Breach of Covenant — Alan le Norreis v, Richard son
of Henry de Waleton re covenant as to 4 oxgangs in
Kyrkedal.
Plaintiff says that the tenements were demised by him by defendant
for a term of twelve years from Michaelmas 30 Henry III, and that he
ought to have reasonable estoyer in the defendant's woods in Kyrkedal, viz.^
hnsbote, heibote and his pigs quit of pannage, but he has been deforced
of these and claims 40s. damages; and he produces the covenant.
Defendant admits the covenant which he denies having broken — he
never hindered plaintiff from having estover in the said wood as is stated,
and this he can defend against him and his suit as the Court have
decided. Judgment that he wage his law by twelve manucaptors by
wager of law.
Later the parties have leave to concord as they are poor, and it is
agreed that Alan remU the said law and damages.
William Banes gives ^ mark for leave to concord m, 10.
with the Abbot of Cokersand in plea of land. Surety,
the said Abbot.
Writ of Right — Richard son of Henry de Merton v.
the Prior of Birscow re 24 acres in Merton which the
plaintiff demised to the Prior while under age.
Defendant objects that he does not hold the land in its entirety, in
that one Beatrice mother of Bichard holds 5 acres, Thomas le Vilur 6 acres
and Adam Welot 3 acres of it. This plaintiff admits.
Nonsuit — with leave to proceed by another writ.
Mort d^ Ancestor — Margery daughter of Si ward de Kel-
grinesarewe, in right of her father v, Thomas de Betham
(as to \ of an oxgang) and Jordan son of Quenilda (as
to \ of an oxgang) re \ o{ 2 oxgangs in Kelgrime-
sarewe.
Thomas de Betham objects that the land was the inheritance of one
Ammira his wife by whom he has issue one llalph his son, and that ho
claims . no interest in the land save by the law of England. Plaintiff
nonsuited.
Jordan calls to warrant Warin de Waleton, who calls Bichard Banastre,
who calls Robert do Stokeford, Roger Gernet, Quenilda bis wife, and Ralph
son and heir of the said Ammira, late wife of the said Thomas — who say
that no action lies, for the land was villenago of Hugh de Moretoyn of
whom Siward, father of plaintiff, held in villenage.
40 LANCASHIRE ASSIZE ROLLS.
Later Robert de Stokford and the others object that the vill of
Kergrimesarh is a member of Singelton, the King's lordship, where such
a writ does not run : this plaintiff admits. Nonsuit ; excused fine because
poor.
Novel disseisin — John de la Le v, Gilbert de Ingol
re \ acre in Ingol.
Defendant absent, was attached by Adam de Ingol and Robert Gold-
smith (Anrijaher). Verdict for plaintiff, with Judgment. Damages 1 2d.
Mort cT Ancestor — Walter son of Gilbert de Scarisbreck,
in right of his father v, the Abbot of Cokersand, Avice
daughter of Simon de Nathelarg, Henry de Aspenewell
and Robert de Nathelarg re lO acres in Hurleton.
Defendants object that they do not participate in any tenement,
and that the claim is against them jointly and not individually. Non-
suit.
Proof of Freedom — Gilbert de Arkewright and William
Redtopping v. Grimbald de Elhale who claims them as
his villeins.
Plaintiffs withdraw, sureties William de ShoUers and Robert his
brother, Robert de Foxton and Simon de Elhale ; and plaintiffs come
before the Justices and acknowledge that they are villeins of Grimbald, to
whom they are given up.
Novel disseisin — William de Waleton v. William de
Ferrars, Earl of Derby, and Agnes his wife re tenements in
Derby.
Plaintiff withdraws, sureties Adam son of Basil de Sonky and
Henry le Serjaunt of Ditton: surety for fine, Henry de Holaund.
Hamo de Pulton and Robert his brother give \ mark
for leave to concord with Robert Banastre in plea of
Nativity.
Lancashire Fines^ p. lOO, no. 112.
Richard de Whiteleg and Roger his brother give 2
marks for leave to concord with Robert de Lathum in
plea of Nativity ; sureties, Warin de Waleton and Ralph de
Stanedis ; and they have a chirograph.
Lancashire Fines, p. 98, no. 107.
30-31 HEXRY HL 4I
Writ of Emirjr — William son of Utred r. Alan de
Crawchal and Goda his wife rt 2 parts of ^ an oxgang
in Ravenesmoles.
Flantiff sars tint AJaa hmm mo e am bat tkroacfc Bocer mm of Rickaid,
to wIkrii plaintiff denused tKe faiad for m term bov exfnvd. Delieiiduit
says that Wiltiaiii granted it to Boger. br dkarter fVDdneed. and that
WiDiam was then of soond mind. Both partiec aafc a triaL Vcfdicc — that
William waa a minor and demented vhen he made the grant. Judgment
for plaintiff. Snretr for defendant's fine^ Bichaid de MaeriiaL The chano*
to be destrojed.
Alice wife of Robert de Coj-gners appoints Roger
Bernard her attorney z'. Thomas de Bethum in plea of
Quo jure.
Robert de Stocford appoints Rc^er de Kirkeby his
attorney v. Isabel daughter of Siward in plea of Mort
d'Ancestor.
Mor^ (P Ancestor — William son of S>'\vard zk Richard «•• 10 '^o'^w
Bussell re 5 acres in Leiand.
Plaintiff withdraws : sureties, Hamo de Latton and John de Anneleshei^ :
surety for fine, Richard Bnssel.
Mort d! Ancestor — William de Hoton, in right of Roger
his father v. William de Thynhil re 29 acres in Hoton.
Verdict, that Roger died seised and William is next heir. Judgment
for Plaintiff. William de Thinyill being under age excused fine.
Mort (TAncestor — Henry son of Lawrence de Par, in
right of his father v, Roger son of Hugh re \ an oxgang
in Par.
Verdict, that Lawrence died seised and Henry is next heir. Judg-
ment for Plantiff.
Mort (TAncestor — Roger de Sonkey, in right of Jordan
de Sonkey his father v. Henry de Stonidis re 6 acres in
Lanketr.
Defendant claims under lease for 5 years from Abbot of CokerRiuul.
Nonsuit, with leave to proceed v. the Abbot. Surety for fine, Adiiui do
Cnusleg.
42 LANCASHIRE ASSIZE ROLLS.
Novel disseisin — Alan de Bikerstath v, Adam de
Bikerstath re common of pasture in Bikerstath.
Plaintiff did not prosecute; sureties Adam son of Rykerith de Dalton
and Maddoc de Atton.
Novel disseinn — Adam son of Henry v. Thomas de
Waleton re tenements in Gerstan.
Plaintiff did not prosecute : sureties Peter de Billing and Roger de Billing.
Richard son of Walter gives i mark for leave to
concord with William de Pres in plea of land : surety
the said William.
Novel disseisin — Robert de Wadacre v. William de
Lancastre, Roger Bluselaunte, Richard Collan and Roger
son of Agnes re freehold in Gairestang.
Later plaintiff withdraws ; sureties Henry de Atton and Alan de
Tranaker; surety for fine Richard le Butiller.
Waste — Roger de Heton v, William de Lancastre re
destruction of a mill in Thorveregh.
Plaintiff says that one Elis, servant of William, laid low the mill 5 years
ago by William's order, and claims 40s. damage for waste.
Defendant appears by Rolland Reuesgile his bailiff who says the
mill was not destroyed by his lord's order.
Plaintiff gives I mark for enquiry, surety Adam de Kellet. Later
they come to terms, Roger giving \ mark for leave, surety Alan de
Echeleswyk. {Lancashire' Fines j p. 97, no. 105.)
Wril of Entry — Ranulph de Boulton v, Adam son of
Richard re 5 acres in Heton.
Defendant does not appear on the 4th day, and elsewhere has made
default. Sheriff has seized the lands into the King's hands, etc. Judgment
for plaintiff.
Cumber- Warranty — Walter de Mulecastre, by his attorney, v.
lanli. Hugh le Bigot and Jennet his wife re 3 carucates in
Thorpen, which Williarn son of William claims.
Defendants do not appear on the 4th day. Plaintiff's attorney says
he did not expect his writ at Karlisle. Defendants to be at Appelby on
Saturday next after the Octave of All Saints : same day given to William
in Banco.
30-31 HENRY III. 43
Roger Gernet who held the whole vill of Rybeton
to farm of Alice de Byrun mother of Roger de Byrun,
comes before the Justices, and gives to Roger son and
heir of the said Margery [sic] all the land aforesaid, in
presence of Margery [stc], and a chirograph that Roger has
had thereof ; and the saicl Alice [sic] remits to the said
Roger, her son, all her rights therein for ever.
IVri^ of Right — Amice daughter of Benedict v. James l^tk.
de Righton and Alice his wife re a moiety of 6 oxgangs
in Righton.
Plaintiff claims as her share of the inheritance of Benedict father of
herself and Alice. Defendants had objected, at the King's Court at York,
that Alice [sic] was base bom : thereupon a mandate of the Archbishop of
York that Amice was bom in lawful wedlock.
Defendants on the 4th day do not come. The Sheriff seised the lands
into the King's hands. Defendants to be at York on the morrow of the
Octave of S. Martin to hear judgment.
On that day defendants appear at York and admit the claim.
Dower -Mditilda. late wife of Richard son of Gilbert ***• ^^•
V, Robert son of Robert and others re tenements whereof
Richard her late husband endowed her, in Thornton.
Plaintiff withdraws ; sureties, Robert de Woluishog and William his
brother ; Matilda is excused fine being poor.
Adam de Kellet gives | mark for leave to concord
with Roger Gernet re estover in a wood ; surety the said
Roger.
Proof of Freedom — John son of Alan v. Roger Gernet
who claims him as his villein.
Plaintiff withdraws ; sureties Adam de Askelbek and Gervase son of
Warin de Bolrun. John makes fine for himself, J mark, by Alan his
father, and acknowledges that he is Roger's villein j and he is delivered
to Roger, and Roger in the same Court delivers John to the Brethren
of the Hospital of S. John of Jerusalem in England.
Acquittance of Suit — Alan de WindehuU, Amice his
wife, Roger de Mulinaus and Agnes his wife v. Richard
de Eccleston re Acquittance of Suit exacted from theqi
44 LANCASHIRE ASSIZE ROLLS.
by the now King (by reason of the wardship of the
lands and heir of John de Lascy, late Earl of Lincoln)
for freehold held by them of Richard in Reynhull, whereof
defendant who is mesne should acquit them, viz. : 2 caru-
cates in Reynhill being all the. vill of Reynhill with all
liberties and easements thereto belonging, held by Knight's
service.
Plaintiffs say that defendant shonld warrant the said land to them
against all men. The bailiff of the Archbishop of York, who has the
wardship of the said Earl's lands and heir, has distrained them to
make suit at his Court at Reinhill every 3 weeks, of which suit Richard
should acquit them. They ask 40s. damages.
Defendant admits that plaintiffs hold of him by Knights Service, as
stated, and that he should warrant the lands or any part thereof that
was being sued for : but says he is not bound to acquit him of suit by
any deed of feoffment they have.
[Case ends abruptly — no result.]
Suit at Mill — Roger de Heton v. William de Lancastre
re exaction of custom or suit for freehold in Torvergh.
Plaintiff says that defendant has destrained him to make suit at his mill
at Ulverston, which is not due : for William de Lancaster, grandfather of
William (his heir), enfeoffed Augustine father of Roger in half a carucate
in the vill of Thorveregh to hold of him and his heirs by service of a
48th part of one Knight's fee, for all services, reserving to the said William
and his heirs hart and hind, boar and sow, roe and goshawk {cervo suo
et cerva api'o et lea capriolo et austorihus)^ as by charter to this effect
produced. Ho also produces charter of Gilbert son of Roger son of Reinfrid
confirming the charter of William : and he claims lOOs. damages for being
distrained to make suit.
Defendant, by his attorney, says that he justly distrained Roger to make
suit at his mill ; for William de Lancaster, his ancestor, was seised of the
suit of the said Augustine at the said mill and died so seised, and Helewise
daughter of William and mother of defendant, her heir, died so seised of
the suit of Roger and his ancestors at the mill, and the defendant all his
time has been seised thereof.
Plaintiff denies that either Augustine his father or himself made suit
at the mill and puts himself on the Grand Assize.
Four knights, William de Fumell, Hugh Phytun, Richard de Halfiston
and Robert de Lathum appointed to choose the jury of 12.
Later the parties come to terms, Roger giving i mark for leave,
surety Alexander Clerk — and he has a chirograph. (Lancashire Fines^ p. 97,
no. 105).
30-31 HENRY III. 45
Quod permittat etc, — Richard son of Henry de Waleton
v. William son of Henry de Waleton re estover in a
wood belonging to defendant at Waleton.
Plaintiff claims husbote and haibote, [wood] for burning and making
enclosures and other estover without view of William's foresters, and
his pigs quit of pannage — as appurtenances of the tenement he holds
of William, of the gift of Henry their father, and of which William has
deprived him for one year, to the damage of 40*.
The parties come to terms, defendant giving \ mark for leave, surety
the plaintiff.
Mort d' Ancestor — Matilda wife of Roger son of Adam
and Eda her sister, in right of their mother Siritha late
wife of Alexander Miller \M olendinarii\ v. Alice late wife
of Alexander Miller re a messuage etc. in Wulueston.
Defendant admits that Siritha died seised in fee. Judgment for
plaintiff. Surety for defendant, Adam de Beueshad.
Novel disseisin — Vital le Hope v. Ralph de Mitton wi. 11 rforjo
re tenement in Atton.
Plaintiff withdraws: sureties, Thomas de Rayleg and Arn son-in-law
of Adam de Sunderlaunde ; surety for fine, Ralph de Mitton.
Writ of Entry — Richard son of Walter v, Robert de
Howod re tenement in Clatton.
Plaintiff did not prosecute; sureties, John de Gairstang and Robert de
Gayrstang.
Writ of Entry — Same v, Adam Smith {Faber) re i acre
in Clatton.
Plaintiff did not prosecute: sureties, Richard de Sowreby and Richard
de Quittingeham.
Writ of Entry — Same v. Robert son of Baldwin and
Juliana his wife re 4 acres in Clatton.
Plaintiff did not prosecute : sureties, Roger de Singleston and William
de Clatton.
Writ of Entry — Same v, William son of Roger re 5 acres
in Clatton.
Plaintiff did not prosecute : sureties, Richard de Gayrstang and Ranulph
his brother.
46 LANCASHIRE ASSIZE ROLLS.
Jordan de Stubhum gives i mark for leave to concord
with the Abbot of Furnais in plea of Warranty of Charter.
Lancashire FineSf p. icx), no. 113.
Mort d* Ancestor — Edith wife of Henry le Taillur, in right
of Gamell Forestar her father v. the Abbot of Furnais
(holding 30 acres), Norman de Holm and Richard his
brother (5 acres), Ellea de Holm (66 acres), Michael son
of William (99 acres) re 200 acres in Holm.
Defendants object that Edith had an older brother, Adam by name,
who succeeded Gam el and held the land: this the plaintiff cannot deny.
Judgment for defendants. Plaintiff excused fine, being poor.
Writ of Entry — Cecily de Gorhull v. Adam de Radecliue
re 1 oxgang in Radecliue.
Plaintiff says that Defendant has no entry save through William do
Badecliue who disseised her. Adam says that William de Radecliue, his
father, held the land of Hugh son of Spraging, father of Cecily,
who exchanged it for land in Gorhull, which she now holds as heir of
Hugh; and he produces a Charter to that effect between Hugh and William.
The plaintiff says the Charter should not effect her, for she held the
land in dispute, by feoffment of Hugh, for 6 years and more during his
life, and for 2 years after his death, notwithstanding the Charter, until
William father of Adam disseised her. Both parties appeal to a jury.
Novel disseisin — William de Turs v, William de Lancastre
re tenements in Lowyk.
Same v. same re common of pasture in Steyneslith.
The plaintiff withdraws : sureties, Adam de Turs, William son of
Tunnok, John de Barthe and Adam Brun ; surety for fine, Alan de Steynton.
Novel disseisin — Richard son of William v. Gilbert de
Barton, Henry de Eccleshawe and Hugh his brother re
8 acres in Apshull.
Defendants say it is common of pasture, and not separate. Verdict for
plaintiff with Judgment. Damages 28.
Novel disseisin — Ralph son of Adam and Ammiria his
wife V. Alexander son of Elyas de Winkedeleg re a messuage
and 15 acres in Atton.
Defendant absent and was not found. Adam de Sunderlaund a juror
fined. Verdict for plaintiff with Judgment. Damages 4s.
3031 HENRY III. 47
Novel disseisin — The Abbot of Stanlawe v. Richard de
Hale and Alan le Norreis re 12 acres in Wulaeton.
Verdict that the land is not in Hale not in Wulueton : Judgment for
defendants.
Writ of Entry — Thomas de Syueredel v. Roger son of
Henry and Alice his wife /^ 8 acres in Syuerdel.
Roger absent on 4th day : Sheriff to seize land into the King's hand.
Defendants to be at Appelby on Thursday next before Martinmas.
Writ of Right — Robert de Koyners, Alice his wife and
Mathew de Redeman v, Thomas de Bethum /-^ right of
common in Yholand.
The defendant exacts common in plaintiffs' land, while they haye none
in his, nor does he make suit for this right. Defendant says that his
ancestors since the Conquest, and for time without mind, have wont to
common in the lands of the ancestors of Alice and Matthew in the said
vill, without any reciprocal rights. Later, he says he has never commoned
in plaintiff's land, that put in view being as much his own ground as
plaintiffs' ; but none of them knows his own separate part as the land
has never been divided up between them.
Later each party gives 5 marks for leave to concord. (LanrasMve FineSy
p. 107, no. 128).
Novel disseisin — Robert de Eccleshil v. Henry de
Whallay, Richard de Alfeton, Roger de Alfetone, Syward
de Over (Superior) Derwent, Adam his son ^nd Roger de
Kyuedal re 10 acres in Eccleshull.
Adam and Roger not found. Verdict that plaintiff was never seised
of any tenement, that described being common of pasture. Judgment for
defendants.
Acquittance of Suit — Robert son of Hugh v, Adam de
Pemberton re Acquittance of Suit for freehold in Pemberton,
exacted by Robert de Banastre.
Plaintiff holds of Adam 16 acres of land by suit of 7 pence a year for
all services, and Robert de Banastre compels him to make suit at his court
at Neweton every 3 weeks, which Adam as mesne should acquit. Damages
claimed 60s.
Defendant admits he should acquit the plaintiff of the suit, but says he
never caused damages to the extent of 60s., nor of a. single penny, as Robert
pretends. Both parties ask for a trial by Jury.
E
48 LANCASHIRE ASSIZE ROLLS.
Mort d' Ancestor— Hugh Russell of Chaddesl son of
Robert son of Hugh, in right of his father v. Grimbald
de Ellahal re 20 acres in Elhal.
Verdict that Robert died seised in fee, and Hugh is his heir. Judgment
for plaintiff.
Novel disseisin — -Henry de Torbok v. Henry de Whallay
re 4 acres in Eggewurth.
Verdict for plaintiff, with Judgment : damages i2d.
Novel disseisin — William son of Gilbert de Lancaster
V. William de Lancastre re tenement in Staynerlith.
Plaintiff withdraws, sureties Roger de Stainerlith and Simon Peperwhit.
m. 12 dorso. Novel disseisin— Adam de Blakeburne v. Matilda late
wife of Roger de Blakeburne re i acre and i rood in
Claiton.
Defendant attached by Dike Slitling of Claiton and Hugh de Salebury.
Verdict for plaintiff, with Judgment. Damages i2d.
Novel disseisin — Alexander parson of Pulton church v.
Adam de Pulton, John de Kirkeby, John de Pulton, James
his son, John son of Baldwin and Robert his brother re
one messuage, a perch of land and a little more in Pulton.
Verdict that plaintiff was never seised. Judgment for defendant.
Surety for plaintiff, Adam Clerk.
Novel disseisin — Richard Phitun v. Hugh Fitun, John
son of Henry, Richard son of William, Matthew and
Alexander his brothers, Thomas de Bosco, Hugh le Kew,
Hugh son of Lewin, Simon de Harewde, Elias son of
Arnold, Adam son of Amabel and William his brother,
Henry son of Cecily and Henry le Waleis re 3 acres in
Harewod.
Hugh Fitun alone comes and answers for all. Verdict that Hugh
entered by goodwill of plaintiff, and under a covenant between them.
Judgment for defendants.
IVrtt of Entry — Adam son of Alexander de Radecliue v,
Roger de Oswaldestwisel re i acre and i rood in Radecliue,
30-31 HENRY III. 49
demised to Henry de Oswaldetwisel by Simon de Radecliue
grandfather of Adam for a term now past
Roger denies that he hclLda the land or held it at the time the writ
was issued, as he had previously enfeoffed thereof one Roger his little
son, who is now seised; both parties ask trial by juiy, which is ordered.
Novel disseisin — Richard son of Wennok v. Warin son
of Henry, Thomas son of George, Roger son of Thomas,
Elias son of Thomas and Thomas le Despenser re 5J acres
in Clayton.
Defendants were not attached, not having been found. Verdict againi^r
all bat Thomas Dispenser and Roger, with Judgment. Damages 5s.
Novel disseisin — Peter de Burnhull v. Adam de Pem-
berton, William his son and James son of Henry re 6 acres
in Hines.
Verdict that plaintiff was never in seisin. Judgment for defendants.
Sureties for plaintiff, Adam de Notton and Adam de Radecliue.
Robert de Toreny acknowledges that he owes to Roger
de Leirc[estre] 9 marks, which he will pay at Nativity
a° 31. Surety, Roger de Thurkelby.
Day given to Gervase de Boulton v, William de Lancastre,
on arrival of the Justices in Westmorland.
Novel disseisin — Simon son of Michael de Boulton and wi. 13.
Ralph son of Adam v, William de Lancastre re a place
containing 60 acres in Boulton.
Roland de Reuegyl, defendant's bailiff, appears for him and says no
action lies, as plaintiff shares the land with other joint owners and none
of them knows his own separate portion.
[Ends abruptly.]
Mort d^ Ancestor — David son of Richard de Hilton, in
right of his father v. Hugh son of Robert re 4 acres in
Clifton.
Verdict for plaintiff, with Judgment.
so LANCASHIRE ASSIZE ROLLS.
Wardship — Christian de Thurs v. Alexander de Kyrkeby
re custody of the lands and heir of Thomas de Kyrkeby.
Plaintiff claims that Thomas held of her in socage, and she is nearer
(propinqwior) to the said heir. She gives i mark for leave to concord,
surety, William de Turs; and Alexander acknowledges the said custody
to belong to Christian, and she gives him 20s
Peter de Burnhill gives i mark for leave to concord
with John de Abburgham in plea of land ; surety, the said
John.
Lancashire Fines, p. 98, no. 108.
Novel disseisin — Matilda daughter of Henry v, Roger de
Brockhol, Richard de Lathum, John son of Stephen, Hugh
de Compesti and Henry le Muner re common of pasture
in Brochol, 20 acres.
Richard was attached by John de Dusteshag and William le Muner
of Brochol ; John, by Henry son of Robert de Ribelton and Alan Parchehare ;
Hugh, by Bimme de Dene and Hugh de Brochol ; Henry, by Roger son of
Gamelly and Richard del Greues of Brokholes. Verdict for defendants,
with Judgment. Plaintiff excused fine, being poor.
William de Lancastre v. Adam son of Jordan de Lingarth
and others in plea of land, adjourned to the coming of the
Justices to the first Assize.
Writ of Entry — William de Tunstal v. William son of
William re 7 perches in Tunstal, which Thomas father of
plaintiff demised to William father of defendant for a
term now expired.
Defendant demands a view. Adjourned to the coming of the Justices
to the first Assize.
Juliana de Waleton gives \ mark for leave to concord
with William de Waleton in pleas of dower and custody
and debt, surety the said William ; and they have a
chirograph.
Lancashire Fines, p. 10 1, no. 114.
30-31 HENRY III. 51
Dower — Christian late wife of Henry son of Quenilda
V, Hugh de Crokhurst re a third part of 12 acres in
Billing, as dower.
Defendant says that not he, but one Adam de Knollesle, holds the
land ; which plaintiff admits. Nonsuit. Plaintiff has leave to proceed
against Adam and is excused fine, being poor.
The Abbot of Kokersond gives \ mark for leave to
concord with Alice de Singelton in plea of land, and they
have a chirograph.
Lancashire Fines, p. 103, no. 119. Alice is there styled " de Thorinton."
Thomas parson of Sleiteburne appoints John de Chaunce-
feud his attorney v, Adam son of Adam de Biry in plea of
Warranty of Charter.
Lancashire Fines, p. 102, no. 116.
Warranty of CAarter—The Prior of the Hospital of
S. John of Jerusalem in England (by his attorney) v. Gilbert
de Barton.
Adjourned to the Quinzaine of S. Hilary, at Westminster. SRcdt-
miudter.
Matilda wife of Roger le Fraunceis appoints the said
Roger her attorney v, Simon de Halsal in plea of land.
The Prior of Cuningesheued appoints Rouland de SBedtmor-
Roueggil his attorney v, Thomas de Leek in plea of iaub.
Mort d'Ancestor, and v. Thomas del Gile in plea of
Warranty.
Novel disseisin — Adam son of Henry v. John son of wi. 13 rfor^o.
Richard de Cunercheleg^ Simon le Serjaunt, Adam son
of Walthef, William his son, Ambrose son of Edusa,
Roger de Balsagh, Robert Smith {Faber), John de Plumton
and Ranulph son of Walthef re i acre in Ditton.
John son of Richard alone appears. Adam son of Waltheof attached
by Ranulph de Ditton and Roger his brother; William, by Thomas de
Apleton and Thomas de Denton ; Roger, by Roger Carpenter of Apilton
and Brun de Kyuerdeleg; the other defendants not found. Verdict for
defendants with Judgment.
52 LANCASHIRE ASSIZE ROLLS.
Novel disseisin — Gregory de Wymmerle v. the Abbot
of Kokersond re common of pasture in Gayrstang, a
certain pasture containing about 20 acres.
The Abbot says that the disseisin, if any, was in the time of his
predecessors. Verdict for defendant, with Judgment.
Novel disseisin — Alexander de Etheliswyc and Matilda
his wife, Ranulph de Gosenarg and Alice his wife v. Alice
de Singelton, Matilda de Baylegh, Ralph de Baylegh and
Mabel de Baylegh re 8 acres in Singelton.
Verdict for plaintiffs, with Judgment. Damages for Matilda 12s.,
for Alice i mark.
Novel disseisin — Godith daughter of Bernard de Kerne-
ford V. William de Lancastre re \ carucate in Kerneford.
Roland de Reuegill his bailiff appears for defendant. Verdict that
plaintiff of her own free will released and quitclaimed the i carucate
by charter, in exchange for 20 acres which William gave her. Judg-
ment for defendant.
Mort ^Ancestor — Avice de Scalmardal v, Peter de
Skelmardal re 15 acres in Skelmardal.
Plaintiff did not prosecute; surety, Alan de Lathum.
Mort d*Ancestor — William son of Ughtred v, Robert
son of Ughtred and Adam his father \sic\ re \\ oxgang
in Kelgrimesarewe.
Plaintiff did not prosecute; sureties, Henry son of Award de Warton
and Boger his son.
Geoffrey de Wytingham gives \ mark for leave to
concord with Richard de Wytingham and Hawyse his
wife in plea of land ; surety, the said Richard : they shall
have a chirograph.
Lancashire Fines, p. 99, no. no.
Warranty — Hugh de Aculleschwe, Henry de Aculleschwe,
William Goddelowe and Adam de Adburgham v. the Prior
of the Hospital of S. John of Jerusalem in England.
Plaintiffs did not prosecute; sureties, William de Akolwesag and
Gilbert his brother. And Hugh was present but went away — so to
custody ; surety for Hugh, Matthew de Notton.
30-31 HENRY in. 53
Warranty of Charter — Simon son of Thomas de Chaydok
V. Geoffrey son of Luke de Crompton re i6 acres in
Crompton.
Plaintiff did not prosecute ; sureties, Adam de Cromton and Adam de
Heton.
Writ of i?^^A/— William de Terryby v. Hugh Buche Cumber-
re \ carucate in Aynstapelith. \t\\t^.
Hugh absent on 4th day, and elsewhere made default, to wit before
the Justices lajst in Eyre at Carlisle on the Octave of S. Michael
[6 October]. The Sheriff was ordered to seize etc., and has done
nothing in the matter ; the order is produced. The Sheriff is ordered to 3iotk*
be at York on the Octave of S. Martin [18 November] to hear judgment.
Mort (T Ancestor — Adam son of Patrick, in right of m. 14.
his father v. Beatrix late wife of Ralph de Eccleston
re 2 parts of an oxgang in Little Eccleston.
Defendant absent; Roger Wate, a juror, fined for trespass. Verdict
for plaintiff with Judgment.
Novel disseisin — Robert le Tayllur and Richard Clerk
of Cotum V. John del Lee, Baldwin de Preston, Gilbert de
Ingoles, William son of Gilbert and William his brother
re ^ acre of turbary in Cotum.
Verdict for defendants, with Judgment. Surety for plaintiff, Richard
le Butiller.
Debt — Ralph de Mitton v. John de Wynkithelay n
36s. arrears of annual rent of 2s.
Defendant held of Robert de Mitton father of Ralph (his heir) 40
acres in Acton [Aighton] by service of 2s. yearly, and Robert died
seised ; John has detained the rent for 18 years past : claim of 408.
damages for loss.
Defendant disclaims the debt, as plaintiff has no proof beyond his
own statement (simplex dictum suum). Judgment for defendant, and
plaintiff may proceed by another writ. Surety for defendant, John squ
of Thomas de Mitton.
Writ of Entry — Adam son of Nicholas v. William son of
William re an oxgang in Tunstall.
Nicholas father of plaintiff demised the land to William father of
defendant for a term now past, namely for hfe. Defendant asks a view. QB^dttTlOC-
Adjoumed to Thursday next before the Feast of S. Martin at Appelby laub.
by aid of the Court {per auxilium curiae).
54 LANCASHIRE ASSIZE ROLLS.
Novel disseisin— John de Wynkydele, Richard de Wynke-
dele and Robert de Wynkydele v. Ralph de Mitton, Ralph
son of Richard, Richard de Menlegh, Richard son of
Thomas, Peter de Acton, Jordan son of Thomas, Alexander
de Acton, Alan Carpenter, William Smith (Faber), Adam
de Calder and Richard de Calder re common of pasture
in Acton, 20 acres.
Defendants enclosed and assarted 20 acres. Verdict, that Ralph is
chief lord of the vill and has the nght to appropriate to himself of his
wastes by the Proviwons of Merton; and plaintiffs have enough pasture.
Judgment for defendants.
Dower — Tunoka late wife of Roger de Erghum v. John
de Erghum re a third of 2 oxgangs in Erghum, as dower.
Defendant says that Roger wa^ never seised of the land in demesne, and
botii parties demand a trial. Verdict for defendant, with Judgment.
Plaintiff excused fine, being poor.
Writ of Right — Alice late wife of Alan de Singelton v.
Elias son of Herbert re an acre in Frekelton.
The land is the inheritance of Alice, and was demised to defendant
by her late husband Alan, whom, in his life time, she could not gainsay.
Defendant calls to warrant Richard de Frekelton, who says the land was
his, and that Alan was -never seised of it. J^ter they come to terms,
Alice giving i mark for leave, by surety of Richard de Frekelton ; and
it is agreed that Alice remit all claim, Richard giving her 4od.
Homage — Richard de Thorneton v. Alice de Singelton
re free tenement in Thorneton, held of her and for which
she should receive his homage.
Plaintiff withdraws; sureties, Alexander de P^ccleswyc and Adam de
Pulton ; surety for fine, William de Carleton.
m. 14 dorso. Dower — Alice late wife of Alan de Singelton v. Robert
Scissor re a third of \ an oxgang in Kotum as dower.
Defendant calls to warrant William de Lancastre, and is ordered to
^P|)elb|). have him at Appelby on Thursday after the feast of S. Martin.
Writ of Right — Robert son of Gilbert and Avice his
wife v. William de Karlton, William de Eccleston, Geoffrey
de Heriz, Hugh son of Syward, Roger le Blunt, Adam
30-31 HENRY III. 55
Stute, Alan son of Roger and Hugh de Stapelford re
common of pasture in Eccleston.
Avice is daughter and heir of Henry de Eccleston who was seised
in fee when he died. Defendants call to warrant Adam son of Ralph ;
and they come to terms, Adam giving i mark for leave. And Robert
and Avice remit all their right and claim in the said land, and Adam
gives to them 2 acres in the said vill, of his demesne.
Mort d' Ancestor— Henry son of Roger de Bradul, in
right of his father v. John son of Alan and Matilda his
mother re 10 acres in Rillinton.
Same v. Eva de Sicho and Alice her daughter re 6 acres
there.
Same v. Richard de Ponte re 3 acres there.
The defendants absent. Verdict, that Roger died seised in fee, and
Henry is heir; but Roger died before the term stated in the writ.
Judgment for defendant. Surety for plaintiff, John de Bradhul.
Dower — Jennet late wife of Roger de Tunstall (by her
attorney) v. William son of Thomas de Tunstall re a third
part of 2 oxgangs in Tunstall, as dower.
Defendant says that Roger was never seised, so that he could grant
dower, and both parties demand a trial. Verdict, that Roger neither when
he wed plaintiff nor ever after was sedsed in fee; for before his marriage
he released to the said William all his rights, by chirograph [dated
20 January 1226-7] made before Martin de Pateshull and his fellow
Justices in Eyre in that county ; but William allowed Roger to retain
possession for life, with reversion to William and his heirs. {Lancashire
FincSy p. 48, no. 15.) Judgment for defendant; plaintiff excused fine, being
poor.
Writ of Mesne — Ralph de Stanidiss, Henry de Stanidiss,
Adam de Dokesbiri, Hugh Goggard, Roger de Adelinton,
Richard de Adelinton, John de Adelinton and Ranulph de
Adelinton v. William de Ferrars, Earl of Derby re acquittance
of suit exacted from plaintiffs by the guardians of John late
Earl of Lincoln and Constable of Chester for a free tenement
held of defendant in Stanediss, Adelinton and Dokesbiri.
Plaintiffs did not prosecute ; sureties, Richard de Frekelton and Richard
Cheydesle.
S6 LANCASHIRE ASSIZE ROLLS.
m. 15. The Lord the King's writ to the Sheriff of Lancaster (he
having been given to understand that he has been deceived
in the concession he made to the Abbot of Furneis, of
the homage and suit of Michael le Fleming [Flandrensis] for
freehold held of the said Lord the King in chief) ordering
him, by oath of honest and lawful men of that neighbour-
hood who know best and will tell the truth thereof, diligently
to enquire what loss could happen the said Lord the King
from his grant to the said Abbot of the homage and suit
of the said Michael, and what profit could arise if he resumed
the same into his own hands. The Sheriff to send to the
King, in the Quinzaine of Easter, the Inquisition before
made, under seal of the Sheriff and jurors, which they should
warrant for themselves and their heirs ; and to cause the
said Michael to attend to certify the King on such matters
as he may bring for inquiry.
The Sheriff makes Inquisition as follows : — if the heirs
of the said Michael come to the King*s hand, he loses
their homage, relief, custody or escheat, the gift of the
Church of Aldingeham, maidens and widows. If the whole
county be amerced before the Justices for each carucate,
the King loses as much as appertains to 20J carucates. They
have seen the said Michael and his bailiff do suit. If a
general Army summons be issued, as well of farmers as of
tenants in chief, then will Michael go in that army. If
the King wishes to exact aid from farmers who hold by
charter, then it is out of the King's will to exact it from
Michael as from other farmers. They say that they have
seen the King's serjeant going about in Furnais on the said
Michael's land and in Kartmel to make an attachment
for the Crown. If the King should occasion (pariat) a
general tallage (carriagiutn) he loses what belongs to
20J carucates. Such profit the King would have if he
retained the homage and service of Michael in his own
hands. The jurors of this Inquisition : — Richard de Cop-
laund, Mathew de Redeman, Geoffrey Arbalaster, Gilbert
de Croft, Thomas de Bethum, Walter de Winewik, Henry
30-3I HENRY m. 57
de Lee, Grimbald de Ellehal, Adam de Bredekirke, William
de Clifton, Adam de Copmannewra, Adam de Biry,
Adam son of Gilbert de Urswik, Vivian Gemet, Waldef
de Tatham, Rc^er de Halghton, John de Oxeclive and
Adam de Middelton.
Henry, by the Grace of God &c., to all Archbishops
Bishops Abbots Priors Earls Barons Justices Sheriffs
Reeves (praepositis) Ministers and all Bailiffs and all his
faithful subjects inspecting this present charter, greeting.
We have inspected a charter of Stephen late Earl of
Bolon and Moreton, whereby he gave to God and S. Mary
of Furneis and the Abbot of the same all his forest of
Furneis and Wannegia [Walney] with all chace therein ;
and Dalton and all his lordship under Furneis with men
and all belonging thereto viz. in wood in plain in land
and in water ; and Ulveston, and one Roger Bristwald ; and
his fishery in Lancastre and Warin the Little ( Watinum Par-
uum) with all his lands and soc and sac, tol and theam and
infangenethef, and whatsoever is contained in all Furnais,
except the land of Michael le Flemeng. We have also
inspected the Charter of King Henry I. granting and
confirming the same and whatsoever the gifts of present
or future faithful Christians might bring. We have inspected
the confirmation of King Henry H., our grandfather, con-
firming the above, and also the gift of Michael le Flemeng,
Fordebotle and Crinelton and Ros which they had from
Michael in exchange for Berdesey. We have inspected
the confirmation of King Richard, our uncle, confirming
the above, and also the gift of Walthef son of Eadmund,
Newby with all belonging to it ; and the gift of Richard de
Morevili and Avice his wife, Saleset with all belonging ;
and the gift of William Grein de Orge, Winterburne with
all belonging. We have also inspected the confirmation
of King John, our father. We therefore in reverence of
God, and for the health of- ourself and the souls of our
58 LANCASHIRE ASSIZE ROLLS.
ancestors and our heirs do confirm all the above, and do
grant in addition the homage and service of the heirs of
Michael le Fleming for all the lands he holds of us in
Furneis, by lo pounds yearly, so that William le Flemeng
son and heir of the said Michael and his heirs for ever
shall answer to the said Abbot and Monks and their suc-
cessors for his homage which Michael was wont to pay to us
and for the rent of lo pounds, which rent the said Abbot
&c. at our suit shall pay to us at the feast of S. Michael
for all services tallage and demands : saving to the said
William and his heirs all his lands tenements and liberties
debts and customs, so that the Sheriff or his bailiffs may
not enter in future upon that land, as neither ought they
to do upon any alms of the said Abbey of Furnais. But
Crown pleas when they shall occur shall be attached by
our Coroner and the Abbot's bailiff, and shall be pleaded
before us or our Justices : saving to us fines thence coming,
and chattels of fugitives and condemned persons and their
lands and tenements for a year and a day, and other things
regarding our Crown. These being witnesses &c. &c.
Charter of King Henry the elder (senioris).
Henry by the Grace &c. to the Justices, Barons. Sheriffs
and all Ministers of all England, Normandy and of the
sea ports, and expressly to the Reeves (prepositis) of
Hampton and of Hastings and of Dover and of Barbeflet
and of Kain and of Ostreham and of Diapa, greeting &c.
I command that the men and horses and all things of
the Abbey of Furnais and the monks there serving the
Lord be quit of toll (theolonio) and of passage and puntage
and all other customs whenever they come, and let no one
unjustly vex or disturb them on pain of forfeiture of ten
pounds.
30-31 HENRY III. 59
Peter de Burnhul acknowledges that he owes to John
de Aubuneham 6 marks, for fine between thein, which he
will pay at Easter A' 31.
Lancashire Fines p. 9S, no. lOS.
The Abbot of Furneis appoints John de Chauncefeud
or William de Hilton his attornev r. William Grein de Or<je
in pleas of Warranty of Charter and Novel disseisin ; and
V. Alice de Stauele in plea of Covenant.
The King's orders to the Justices diligently to enquire w. 15 dorso,
whether to the King, or to some other person, belongs
the appointment of a Serjeant to keep the peace in that
county, who is commonly called " Gritserjaunt " : and, if
they find that it is to the King, then all who hinder John
de Holm, whom the King sent thither to enjoy that office,
shall be so chastised by fines that others may learn from
their example not to resist the King's commands.
Upon this come Adam de Biry (sworn), Roger Gernet
(sworn) William de Tunstall (sworn) William de Clyfton
(sworn) John de Le (sworn) Ralph de Mitton (sworn)
William de Carlton (sworn) Richard de Trafford (sworn)
Adam de Radecliue (sworn) Robert de Schereswurth (sworn)
Richard de Burgh (sworn) Warin de Walton (sworn) Richard
Banaster (sworn) Alan le Noreys (sworn) Simon de Halsalc
(sworn) jurors chosen for this inquisition.
William de Sameleburi acknowledges that he owes to
Robert, Adam and James, his brothers, 6 marks, of which
he will pay half at the Purification B.V.M. A"* 31, and half
at the Invention of the Holy Cross, in the same year,
which failing &c.
Co
LANCASHIRE ASSIZE ROLLS.
l6.
sworn
Saufx>rdschire. (Roll 17).
Henry son of Wenne, Chief Bailiff {capitalis balliuus),
►m.
Estre (sworn).
iv,\/ii
i^jr viv. «j\.ij^»ii*nii
Geoffrey de \
Geoffrey de
Chethara
Buckesweie
William del
Rc^er de Pil-
.
Estre
kenton
^^>
5
Elias de Ton-
•
Thomas de
>
ghe
9}
Prestwik
ac
Andrew de
Richard de
Sholwer
Trafford -/
(sworn), William del
Roger de Pen-^
nelbury
Richard de
Urmiston
Roger de I
Bradeshawe ^
Thomas de
Perepund
Robert de
Schereswurth^
c
o
CO
Derebyschyre. (Roll 18).
William de Waleton, Chief Bailiff, (sworn).
Electors — Robert de Lathum (sworn), Henry de Torbok
(sworn).
Robert de La-
thum
Adam le Mul-
inews
Simon de Hal-
sal
Adam de Hay-
nuldisdal
O
CD
Alan le Noreys'
Thurstan de
Holaund
Walter de
Scarisbrec
Alan de Riston
CD
Henry deTy 11-
deslegh
HughleNoreys
Alan de Wyn-
dul
Henry de
Heytre
c
\ O
Leylaundschyre. (Roll 17).
The aforesaid Henry, Bailiff (sworn).
Electors — John de Mara (sworn), Warin de Waleton (sworn).
John de Mara
Warin de Wal-
eton
Walter deHola
Richard Ban-
astre
c
V o
CD
Robert de Lex-'
hu§um
Ralph de Hola
Adam de Ho-
laund
Ralph de
Stanediss
c
u
C
CO
Richard de Al-^
uerton
Roger de Wyr-
kitheleye
William de
Wyrthinton
Adam de Do-
kesbiri
c
CO
30-31 HENRY III.
61
Blakeburneschyre. (Roll 20).
William de Singelton (sworn).
Electors — Robert de Mitton (sworn), Adam de I^lakebu
(sworn).
rn
Ralph de Mit-^
ton
Adam de
Blakeburn
Adam de Bill-
ington
Richard Fitun,
c
u
O
CO
William de
Baldeston
Ralph de Cley-
ton
John de Pen-
neston
John de Thele-
well
C
v.
Roger de Has-*
jxrden
Jordan deHolm
of Mitton
William de
Liveshay
GiUxrrt dc Ky-
uerdal
The
Electors — John
John de Legh \
William de
Karlton
Hugh de Mit- }
ton
Adam de Hoc-
ton
Amundernes. (Roll 21).
said William, Serjeant ^sworn).
de Le (sworn), William de Karlton (sworn).
c
u
O
CO
Richard de
Frikelton
William de
Preses
Richard de
Thornton
Walter de l^ar-
ton
C
'A
Geoffrey fie
Wylingliairi
Roger dc Iko-
chol
Walter de
Soureby
William de
Grimesaruwe^
o
LONNESDAL. (Roll 22).
Adam de Kellet, Serjeant
• Electors — William de Fornell (sworn)
(sworn ).
Alan son of
Orm
William son of
William de
Tunstall
Adam Gernet
Roger de
Hoton
1
c
u
> O
CO
Adam de
Herst
William son of
Simon I
Roger de Stay-
merlid
Richard de
Burg
c
o
CO
(sworn).
, Robert de Coyners
Bendict de
Gersinghaym
Adam de Far-
leton
Simon de
Brocton
Richard de
Berewyk
c
y o
CO
62
LANCASHIRE ASSIZE ROLLS.
Makefeud. (Roll 19).
William de VValeton (sworn).
Electors — Richard de Hindelegh (sworn), Hugh de Haydok
(sworn).
Richard de
Hindeleye
Hugh de Hay-
dok
Adam de Pem-
berton
John de Inys
> P
John de Ad-
burgham
Peter de Aston
Adam de
Wynestanes-
legh
William de
Lautun
c
O
John de Hor-
hul
William de
Bulling
Adam de
Cunneslegh
Andrew de
Haydok
Ranulph de
Ranulph de
Mora
Roger le Car-
penter
Adam Richom
Alan Clavue
ViLL OF LiVERPOL. (Roll 1 9).
Mora, Reeve i^Praepositus) sworn.
c
V o
Geoffrey son \
of Hugh I
Robert son of 1
Syward
Richard Liuot
William La
Wayt
c
O
C/3
Geoffrey son of
Richard le \
Pestur
AlandeBaunc
William de
Wyrhal
Robert son of
Walter
o
Baldwin de
Preston
William son of
Adam
Adam de
Brokhol
John son of
Lecia
Borough of Preston. (Roll 19).
Baldewyn de Preston, Reeve, (sworn).
Roger son of
c
o
Walter ^
William son of
Lecia
William son of
Eda
William de
Cruce
Richard son of
Mabel ^
Benedict de
Preston
Richard son of
Ralph
Richard son of
Godith
c
CO
3031 HENRY III.
63
Borough of Lancastre.
R<^er son of Fulk, Reeve, (sworn).
Roger son of
Fulk
Walter son of
John
Walter le
Mercer
William del
Hill
o
xn
Pain leNotiner^
Alexander son I
of Fulk I
William son of
Geoffrey
John le Clauer
o
W3
William Stythy
John le Potter
William le Car-
penter
Roger de Sel-
lerdal
c
V o
'Ji
The following was Sheriff after the other Eyre of
the Justices ; namely, William de Lancastre, and Richard le
Butiller his under Sheriff: and Mathew de Redeman is now
Sheriff.
These were Coroners after the same term and now
are Coroners ; namely, William de Clifton, Adam de Biry
and William de Tunstall ; and Richard de Couplaunde
who is Coroner of the Liberty of the Abbot of Furnays.
[Blank.]
7/1. 16 dor SI
[Commences with notice of Sheriffs and Coroners as
above.]
The Wappentak of Leylaundesyre comes by xii.
Of John de la Mare, Warin de Waleton and their fellow
jurors for their fine before Judgment, 10 marks.
Wrongdoers unknown broke into the house of Richard le
Fletcher of Wythenhull at night, bound him, took his goods
and fled. The vill of Withenhull fined for not pursuing.
Wrongdoers unknown broke into the house of Edith de
Whythenehull, bound her, took her goods and fled. The
vill of Whythenhull fined for not pursuing.
F
m. IJ
64 LANCASHIRE ASSIZE ROLLS.
William son of Eda de Derewent appeals Thomas
Prior of Penwurtham, Gregory and Adam de Howik, for
breach of the King's peace and imprisonment.
William is dead : having admitted before four vills that he had been
sent by outlaws to barm the Abbey of Penwurtham, he was given into
the Sheriffs custody, who let him go without fine. So to judgment as
to William de Lancastre, then Sheriff.
Mabel de Parbold has appealed Adam Dun of the death
of Albin her husband, and Gilbert Nite of the death of
Richard her son.
She comes not: attached by Richard son of Robert de Wullemore and
Mathew de Cuton,- who are fined, and she is taken.
She also has appealed of force Robert de Crumpton,
William de Querendon, Robert de Bracington and Benedict
de Medecroft, for aiding at the said killing.
The accused were arrested and admitted to bail at Lancaster, and
a jury found — that Albin and Richard were stealers of oxen and cows,
and, being caught in the act, were beheaded. Chattels of Albin, i mark,
for which Thomas de Qresley answers-; and Richard had.no chattels. The
accused are found not guilty. Albin was a free man and held 8 acres
under Robert de Lathum, wh^ice the King's year day and waste 4s. for
which Mathew de Redeman, the Sheriff, answers ; and Robert took the
house and lands into his own hands, so fined ; and later Robert gives i
mark fine for the King's year, etc. ; and William de Lancastre, then Sheriff,
fined for not seizing the land for the King. Robert de Bracington absent ;
his sureties fined viz : — Richard son of Hugh de Adelington, Alward Tagun,
Geoffrey de Middelton, Henry son of Wenne, Mathew de Querendon,
William de Holm, Elias de Rouington, William son of William de Medwe-
croft, Peter de Bulling, Adam de Cromton, Richard de Aluerton, Thomas
de Prestwyche and Alexander de Heton. Evidence is given later that
Thomas de Qreeley and his ancestors always took chattels of this nature ;
so of Albin's chattels nothing.
Godith de Thornton in Craven has appealed William de
Hole of battery.
She is absent and has no sureties. Accused absent, and was attached
by Alan Passauaunt and Robert Scubeldekne.
30-31 HENRY III. 65
Richard, son of Wenriok has appealed Warin soil of
Henry, Elecocc son of Elias and Richard Al Balhio of
battery and robbery.
Accused absent, and were attached ; Warin, by Hull son of Gamel de
Cleytoh and Elias son of Thomas de Cleyton; Elecocc, by Geoffrey de
Cleiton and Adam son of Stephen de Bumhull; Richard, by Adam
Forester of Qedton and Robert Lord (dominum) of Cleiton. Accused are
taken and convicted. Appellant is told to proceed against them as far as
outlawry.
James de Harewud has appealed Alan son of Stephen de
Langeton of battery.
Appellant is absent; he was attached by Thomas de CophuU and
Elias son of Albreda de Wlypsire. Alan is acquitted.
Richard son of Wennok has appealed Warin son of Henry
of breach of peace and robbery, after peace had been given
the said Richard against the said Warin (post pacem eidem
Ricardo datam de predicto Warino),
Accused absent, and was attached by John le Despencer of Claiton,
Roger son of Hugh le Hope, Thomas son of John, Robert son of Gerard,
Richard Doomsman \Judicaior\ of Cherleg and Richard de Thorp. Warin
is taken.
Same Richard has appealed Gilbert son of Tylla of the
same.
Accused absent, attached by Thomas de Elaund and Adam son of
Henry de Quelton, and he is taken. And Richard is told to proceed to out-
lawry against Warin and Gilbert. And 12 jurors concealed that information
(loquelam), so are fined.
Alccoc son of Robert de Wlipsire killed Wrennok de
Tunleg, and fled. He is outlawed at suit of Cecily wife
of Wrennok ; the vill of Tunleg in Urittington fined for
not taking Alecoc.
Thomas son of Siward le Oterhunte fell from a horse in
Yarewe water and was drowned. William son of Siward
found him. Verdict, misadventure. Value of horse 3s.
for which Matthew the Sheriff to answer. 12 Jurors con^
cealed the information, so fined.
^ LANCASHIRE ASSIZE ROLLS.
Wrongdoers unknown broke into the house of Robert
de Werden and fled. The vill of Werthen did not pursue,
so fined.
m. 17 dor so s Laylondesire continued.
Of Serjeanties {seriantiis) : — they say that one Robert
de Clayton was Keeper (seruiens custodiendi) of the Wap-
pentak of Lailondesire in fee, and sold his office (balliuuni)
to William de Ferrars, Earl of Derby : for report.
Of petty Bailiffs (paruis balliuisX who collect dues
(garbas) in Autumn and other crops : — they say that
Jake Kuglepeny, Robert de Grenhole and Robert Lentin
collect dues in Autumn ; so fined.
Of defaults : — the Abbot of Chester came not on the
first day ; so fined.
Of new customs : — they say that Robert de Waterfal,
deputy Sheriff" for William de Lancastre all his time,
caused to be summoned twice a year the whole country,
both free men and villeins, and took fines for defaults : and
the now Sheriff* does the same. The jury present that
never before Robert's time did such a custom exist in that
county. Thereupon comes Richard Clerk, bailiff* of William
de Lancastre, and says that before the last Eyre in that
county no such custom existed ; but that, at that Eyre,
Robert de Lexington ordered the Sheriff* to make two
turns yearly for keeping and enquiring into the King's
peace. For report.
John de Adlackeston was outlawed before the Justices
in Eyre in Nottinghamshire ; he held land in this
Wapentak, whence the King's year etc. 4s. ; and Robert
de Lathum and Richard de Mostun have held these lands
since the outlawry till now without warrant, so fined and
to account for 4s. issues. Later, Nigel de Lungeford
comes, and has made fine, i mark, for the said year etc.,
surety Hugh de Menill.
30-31 HENRY III. 67
Of indicted persons : — they say that WiUiam Forester
of Anderton, John son of Edeneuec, Robert son of Brun
de Burnhill, Adam son of Mabel de Hepay [erased], Hugh
Schacheliton, Robert le Straker, Richard Daythef and
Adam le Forester, suspected {rettati) of theft, escaped : so
writ of exigent and outlawed.
Chattels — William Forester los., Hugh Schachelton i mark, Robert
le Straker 20s. 2d., Adam Forester ^ mark, the rest nt/.
Later comes Mabel de Hepay, and has made fine for
Adam son of Mabel de Hepay that he may return to the
peace ; surety, Henry de Whallay.
Adam Crusseking, suspected of theft, is tried and
acquitted. One John le Despencer of Kerden brought the
charge against him through hate and spite, so fined.
John de Cleyton, his fine for trespass, i mark ; sureties
Richard Banastre and Adam de Holand.
The Wappentak of Salfordschyre comes by xii.
Geoffrey de Chetham, William del Estre and fellow jurors,
for their fine before Judgn^nt, 10 marks.
Peter Carite killed Robert de Hepe and fled ; so a
writ of exigent.
Later it is shown that he fled to Middelton Church ;
and Simon de Thornton and Thomas de Singelton, bailiffs
of William de Lancastre then Sheriff, who are dead, took
from him 20s. that he might come to the King's peace,
and took sureties. So to judgment as to William de
Lancastre, whose bailiffs they were, and the sureties fined,
viz., Adam de Thornham, Robert Sorhgeles, Litecock de
Salford, and William de Middelton. Peter had no chattels.
And because Adam and the others gave redemption for
Peter, who was convicted of a man's death, and received
him, they are to be taken and all their lands and chattels
68 LANCASHIRE ASSIZE ROLLS.
seized into the King's hand. Chattels of Peter Carite,
I mark.
Gilbert son of Richard has appealed Roger de Haliwell
and Augustine his son of breach of peace and battery.
Gilbert absent ; sureties, Robert son of Richard de Haliwell, William
de Lauton of Makefeud, Peter son of Henry de Hothon and Richard son
of Robert de Wynewyk. Roger absent, and was attached by Adam de
Brendeschales, William son of Swayn de Clyfton and Henry son of
Wrennok de Wytheton. Augustine comes and is convicted of battery, so
to prison ; later he is fined 40s. ; sureties, John son of Godith de Haliwell
and Hugh his brother.
Geoffrey de Wyrkithele has appealed Hugh le Biker
of breach of peace and robbery.
Hugh absent ; was attached by Yarwell de Hylton and Adam Malherb
of Hylton ; Geoffrey is told to procee-d against him to outlawry.
The same Geoffrey has appealed Geoffrey de By run of
breach of peace etc., in that he, on the eve of Holy Cross,
came to him in the vill of Stanistrete, broke into his house,
beat and illtreated him, went to his plough (carucam) and
killed jan ox of his : and that he did this he offers to
prove against him as the Court decide, as a man
who has passed the age [i.e., 60].
The same Geoffrey has appealed of force {de forcia)
Richard de Boulton, Gerard his son-in-law and Robert
de Redich.
All acquitted, and Geoffrey to prison ; later he is fined 40s. ; sureties,
Geoffrey de Chetham and Richard de Strafford.
The same Geoffrey has appealed Algareth son of Yarwet
de Hilton and Adam Schakeslegh of breach of peace and
robbery etc.
Accused absent ; Algareth was attached by Adam Malerb of Hilton,
Richard Schakeloc and Wyun son of Pepel; and Adam, by William son of
Roger de Hilton and Richard son of Roger de Haliwell. Geoffrey to
proceed against them to outlawry.
30-31 HENRY III. 69
[Small piece of parchment attached to rolL'\ wi. 17 a.
Later comes Litelcok and pays fine 10 pounds. Sureties,
Geoffrey de Chetham, Robert de Byrun, Robert de Thores-
wurth, Elias de Thonge, Thomas le Paumer, Henry son
of Wene, Richard Reeve of Silford, Adam de Kenyan,
Adam Brahegh and Robert de Crumpton.
Later comes Adam de Thornham and pays fine 20
marks ; sureties, John de Lascy, Matthew de Nocton, Robert,
son of Thomas de Aston, Thomas le Paumer of Stakehull,
William Smith (Faber) of Rachedal, Henry de Luseleg,
Elecoc de Hoch, William de Heyerode and Jordan de
Tongton.
Later comes William de Middelton and pays fine 2
marks ; sureties, Geoffrey de Chetham, Richard de Trafford
and Henry son of Wenn.
The Jury present Geoffrey de Middelton for taking of
the chattels of Walter de Tadham 12 beasts value 60s,
without warrant. Fined and to answer for the 60s.
Wappentak of Salfordschyre continued. m. 18.
Richard son of Eugenia de Radecliue drowned from a
horse in Irwel water. Eugenia his mother first found
him. Verdict, misadventure. Value of horse 3s., for which
M. de Redeman, Sheriff, answers. The Jury have presented
nothing as to this horse, so fined.
Alice de Turtun has appealed William Blakshyreue of
the death of William her son.
He is outlawed at her suit; no chattels.
Henry son of Matthew was crushed to death by a cart
and two oxen that drew it. Matthew his father first found
him. Verdict, misadventure. Value of cart and oxen
2\ marks, for which the Sheriff answers. Robert de
Rediche and Andrew de Scholgh made a false valuation,
so fined.
70 LANCASHIRE ASSIZE ROLLS.
Wrongdoers unknown broke into and burnt the house
of Thomas le Paumer. The vill of Thornham made no
pursuit, so fined.
Robert son of Thomas de Swynton has appealed
William de Swynton, John de Crumpton and Hu.^h de
Manways of breach of peace and mayhem.
Accused absent: William was attached by Robert de Brithemet aod
Thomas son of Syward de Leylaund; John, by Adam son of Paulin de
Barton and Adam d« Crumpton ; and Hugh, by John son of Robert de
Butterworth and Dande son of Edward de Butterworth : all fined and
Robert to proceed against them to outlawry.
Wrongdoers unknown burnt the mill of Henry Dude-
man of Uuersted. Later many attest that he himself
burnt it, through hate of his lord : and he was attached
by Patrick Dudeman his brother and Elias his son-in-law
to come before the Justices ; and now he comes not, so is
taken, and all fined. Later he comes and pays fine 40s. ;
sureties, Henry le Wyld, Thomas his brother and Thomas
de Warthull.
William Grenescleue taken and imprisoned at Lancastre,
was detained in that prison for 7 weeks and later was
beheaded by judgment of the County of Lancastre for
that he was found outlawed in the Coroner's rolls. And the
County records that such is their custom when any outlaw
shall be taken, although it may be possible to keep him,
they, immediately they know him to be an outlaw, cause
him to be beheaded. For report.
Of Jordan de Strafford for his fine for trespass ^ mark ;
surety, Richard de Strafford his brother.
Simon son of Roger de Lostok has appealed Richard
de Perpunt of [breach of] the King's peace.
Richard absent; attached by Richard de Hindel and Henry son of
Wenne, so fined. Later it is shown that Richard is dead, but there has
been no essoin of death as is usual in that county.
30-31 HENRY III. 71
Robert de Netelham has appealed Alexander de Heton
of breach of peace and battery.
Robert absent, and is taken ; sureties fined, Hugh de Hesellum and
Alward Taghun. Alexander comen and is found guilty, so to custody.
Later comes Alexander and pays fine iocs, for himself and Robert;
sureties, Thomas de Prestwych, Roger de Pilkington and Adam son of
Agnes de Heton.
Richard son of Syward de Querendon has appealed
Adam de Radecliue of robbery, etc.
Richard absent and is taken; sureties fined, Adam de Leghes and
Alan de Femes of Byry. Adam is acquitted.
Henry Smith of Butterwurth has appealed Thomas son
of Henry de Butterwurth of breach of peace, assault, and
mayhem, in that Thomas beat and illtreated him and gave
him a blow on the head, maiming him, and he asks for
amends.
Thomas acquitted; Henry to prison for false appeal. Later Henry
pays a fine 5 marks; sureties, Ivo de Wytewurth, Adam son of Henry
de Butterwurth, Michael de Akeden, William de Wytewurth and Richard
de Warthull.
Matthew son of Sweyn de Querendon has appealed
Thomas son of Adam de Blakelawe of breach of peace
and battery ; and Adam son of Robert de Totington, of
force.
Thomas absent, and was attached by Alcock de Longele, Wilkoc son
of Ralph de Kyrkehalgh, Henry de Blakelawe, Alexander son of William
Tupeheued and William le Maynwarin. Matthew to proceed against them
to outlawry.
Richard son of Richard de Weteshagh has appealed
Alan son of Richard de Schalecroft of breach of peace and
battery.
Richard absent; sureties fined, Henry le Flecher of Thayleswurth,
and Richard son of Robert de Denton. Alan acquitted.
Wrongdoers unknown broke into the house of Simon de
Dedesbiry in Dedesbiry and carried off his goods. The vill
of Dedesbyry did not pursue, so fined.
72 LANCASHIRE ASSIZE ROLLS.
Robert de Alte has appealed Roger Balet of the King's
peace in that Roger on Wednesday, to wit Ash Wednesday
{die cyneruni) now a year past, about 3 o'clock, came at him
in Lyme wood and struck him on the head with a sword,
wickedly and feloniously against the peace ; and he offers
to prove it against him as the Court decide, being under
age.
Roger denies the blow and says he is not told in what part of the
head the blow was given, that Robert varies the appeal and has not
raised hue and cry (levavit uthesium). Judgment accordingly. So Robert
fined for false appeal : and a jury to enquire as to breach of peace.
Later comes Robert and will not prosecute; so to custody and his
sureties fined viz : William de Alte his brother and William Talliator
of Legh. And the jury are satisfied and convict Roger, so both to
custody. Later comes Roger and makes fine for himself and Robert, 5
marks ; sureties, Robert de Aston and Ralph de Glothiche.
The same Robert has appealed Robert de Aston of force.
Robert declines to prosecute, so to custody, and his sureties fined as
above. Later comes Robert de Aston and pays fine loos., surety,
Thomas Greley.
John de Byrun has appealed Gilbert de Barton of breach
of the King's peace, in holding him while one Adam gave
him a blow on the shin-bone.
Gilbert acquitted. John to prison in lieu of fine, being poor.
A woman unknown died suddenly in the house of
Adam de Tornham. Adam was attached to appear before
the Justices and comes not ; sureties fined, Ellis del
Hogh and Geoffrey son of Roger de Middelton. No one
is blamed. The vill of Tornham buried her without
view of the Coroner, so fined. Later comes Adam and is
fined 40s. ; sureties, John de Lascy and William Smith of
Rathedal.
m. 18 dorso, ^^^' ^f ^^ordshyr {sic) continued,
Jordan son of Robert de Hilton killed Robert Dune
and afterwards returned to the house of the said Robert
V
30-31 HENRY III. 73
his father and was received there, so the said Robert to
be taken. Verdict of murder — so outlawed. No chattels.
William de Alte his fine for trespass ^ mark ; surety,
Matthew de Notton.
Roger de Schyteleswurth his fine for trespass I mark ;
surety, Richard de Trafford.
Alecok Bolt, suspected of theft, pays 203. for enquiry ;
surety, Richard son of Adam Bolt— and is acquitted.
Of cloth sold : — they say that Richard son of Ranulph
de Mammecestre, Adam de Farnewurth, Dobbe son of
Golda, Roger his brother, Peter de Medwecroft, Robert de
Pontefract, Henry son of Hugh, Jordan son of Simon, Hugh
le Fulun, Adam de Kenian and Hugh le Fulun of Aston
sold cloth contrary to the Assize, so fined.
Of bailiffs who made inquest on a man's death and
took fines for default : — they say that Robert de Waterfal,
while he was Sheriff, took fines for defaults at the inquest
on the death of a man, namely from the freemen of
Rachedale 2 marks : therefore fined.
The Jury present that this Wappentak is worth yearly
10 pounds: and the Earl Ferrars holds it, and likewise two
other Wapentakes, and likewise all the land between Ribel
and Merse by 40s. or one goshawk (austurco) yearly. For
report.
Of default : — they say that John brother of Thomas
de Hulm, Annot de Bromhunst, Henry son of Alward de
Farenwurth, Dande de Farenwurth, William son of Agnes
de Swynton, David de Werkidel carpenter, Pimme de
Sale. Richard son of Robert de Lostoc, Roger son of Alan
de Rupewurthe, William son of Eve de Bradehurst, Dobbe
de Knol, Thomas son of Bibby Miller, Adam son of Bimoc
de Rowinton, Thomas son of William, the Prior of Kersale,
74 LANCASHIRE ASSIZE ROLLS.
William de Hawerthen, the heir of Ralph de Beston, Jordan
de Treton, Robert Clerk of Anlawesarwe, Roger Carpenter
of the forest of Totenton, Robert Poli, Dike son of Syward,
Hugh son of Robert le Crucher, Richard de Routhesthorn,
Thomas Clerk of Haselendene, John le Archer, Matthew
son of Matthew de Totenton, Dobbe de Strangesti, William
de Haggelewe, William Chaplain of Dedesbiry, Henry
de Laplot, Humund Mascy (sick), Simon son of Luke,
Richard brother of Robert de Redich, Stephen de Bred-
bury, Robert de Bredbury, Angaret, Richard son of
Hauwyse forester, Jordan [erased] Gervase de Burnendene,
Hugh de Wytewrthe, Henry de Totmardene, William Sping,
Adam de Stanesfeld, Richard son of Andrew de Stanesfcld,
Richard son of lua de Clege, Henry son of Emma de Clege
and Licoc son of William son of Gerard, came not on
the first day ; so fined : likewise William son of John de
Aspyll.
The Jury present that Adam Gerard held two oxgangs
of land in Dereby, by service of making judgment of
the pleas of the Wapentake of Dereby ; and he ought to
do that service with a man and horse and victuals when
so far from home as to be unable to return daily, and the
Earl Ferrars now holds the land, and performs the said
service by his Serjeants.
or persons indicted : — They say that /okn son of Henry
de Castelton [erased], Elias de Akeden, Eva Kardunel,
Henry Maynard of Tottemerden, Dobbe Macus, Simon le
Piper of Chadwych, William Schayf, Hull Hudidan of
Hatherwyk, Dobbe son of Thomas de Wude, /oAn son
of William de Perpunt, Adecok son of Martilia^ John son
of Henry Nubbe [erased], John Spadeberd, Uthred de
Wereford, Pipot de Turtun, Digge de Torot, Henry le
Mazun [erased], Adam de Dunandesgreue, William son of
Peter de Middelton [erased], Auecok de Leuer, Roger
Drake of Elleton, Adecok Orkocy Adam Wynternot^ Robert
30-31 HENRY III. 75
de Wydal [erased], Scaine de Elleton, Alexander his brother
[erased], Dowe de Bothemes, William Springemare, Adecok
Bradefot, Gouun de Asselawe [erased], Brun de Lewynes-
hulm, Thomas son of Matilda de Blakerode in Haselenden,
Thomas Wynter, Jordan de Quickenlawe, Geoffrey his
brother [erased], Richard Hildigrim, Geoffrey de Hawurth,
Leucok Schayf, John Bradere of Crumpton, Alecok Boloc,
Roger de Folenhurst [erased], Henry Glore, Annot de
Bromihifst, Henry son of Award Bart, Roger Blacker
[erased], John de Crikelston son-in-law of Peter Charite,
John de Hernesden and Elecok son-in-law of Gilbert
de Tonge, suspected of larcency, absconded : so all but
Elecok exigent and outlawed, and Elecok to return
if he will, but his chattels forfeited by his flight.
The chattels of John son of Henry 2 marks, for
which the Sheriff is to account ; of Elias de Aggeden
30s. for which etc., and he had lands whence the King's
year day and waste ild. ; of Dobbe Macus 20s. etc.; of
John son of Henry Nubbe \ mark [erased] ; of Henry
le Mazun 5 marks ; of Adam de Dunandesgreue 2 marks ;
of John Spideberd 22s. ; of Uthred de Wereford 5 marks ;
of Pipot de Turtun 30s. ; Dogge de Turrot had lands
wherecf the King's year etc. 3s. ; of Luvecok Schayf i
mark and lands whereof etc. I2d. ; of Auecok de Lever
\ mark ; of Ellecok 40s. ; of Adecok Orecok 2s. ; of
Adam Wynternote i mark ; of Robert de Wydal J mark ;
of William Springemare 40s. ; of Gouin de Assele 50s. ;
of Roger de Falenhirst 5s. ; of Annot de Bromhurst 4
marks, and lands whereof, etc, 3s. [erased]. All the
others had no chattels. Later comes Richard de Butiller
and pays fine 20s. for William son of Peter de Radecliue
to return to the peace ; surety, Elias de Tonge.
Later comes Henry Torboc and pays fine 2 marks for
Pipot de Turtun, Dogge de Toret and Henry son of
Award that they may return to the peace ; surety, Adam
de Byri.
76 LANCASHIRE ASSIZE ROLLS.
Later comes the Abbot of Stanlawe and pays 20s. fine,
for John son of Henry de Castelton, that he may return
to the peace ; surety, Geoffrey de Bukele.
Later comes John de Lascy and pays i mark fine for
Elias de Akeden, that he may return to the peace ; surety,
Matthew de Notun.
[0/z a piece of parchment attached at foot oj membrane,^
Later comes Hugh de Haslum and pays 5 marks fine
for Annot de Bromhurst to return to the peace ; surety, Gilbert
de Barton and Simon Serjeant.
Later the same Hugh similarly pays i mark for John
son of Henry Nubbe, by the same sureties.
Later comes Adam de Byri and pays 20s. for Robert
de Wydale : and Richard de Urmeston pays i mark for
William de Perpunt.
The Wapentak of Derebyschyre comes by xii.
Robert de Lathum, Henry de Torbok and their fellow
jurors for their fine before Judgnient : — 15 marks.
Hawe de Mora of Raby was found burnt in her own house
at Raby. Adam her son, who first found her, comes not ;
he was attached by Roger de Mora of Raby and Adam
de Knusele, so fined. Verdict, misadventure.
Wrongdoers unknown went to the house of Gilbert de
Culchit and killed him. The vill of Culchit did not pursue,
so fined.
Henry de Lascellis has appealed Hugh Serjeant of
Wyndhul of breach of peace and assault ; and John son
of Beatrice, Adam son of Uthred and William Lezin, of
force.
All convicted and to prison, being poor. .
30-31 HENRY III. 77
Richard son of Robert Scharp has appealed Thomas
son of William de Guddelawe of the death of Roger his
brother.
Thomas is outlawed, no chattels. The vill of Werenton did not take
him nor pursue when he killed Roger, so fined.
Margaret de Haderton has appealed Robert de Thote-
well of the death of Adam her husband.
Robert outlawed, no chattels.
Wrongdoers unknown broke into the house of Richard
Miller of Hurleton. Richard comes not, and was attached
by Richard de Chaunpenays of Hurleton and Alan son
of Gregory de Hurleton.
DerebyschyrCy continued. w. 19.
Richard Clerk of Bothelton was drowned in a ditch
near Werington. Hugh son of Gervase, first finder, comes
not, and was attached by Simon son of Robert de Werington
and William son of Alexander de Werington, so fined. And
it was witnessed that Richard got up at night at the instance
of a certain disease that he had, and went out of the house
of the said Hugh and was drowned by mishap. Hugh
and others who were in the house not attached ; so to
judgment as to the Sheriff and Coroner who should
have attached them.
Robert Smith of Kyuerlay has appealed Henry son
of Eve de Sonky of assault and waylaying {/orstallo).
Henry convicted, and to prison ; so to judgment as to the Coroner
and Sheriff who attached the said Henry, as appellant found no sureties
to prosecute. Appellant absent and no sureties. Later Henry pays
I mark fine, sureties Robert de Samlesby and William de Waleton.
Hugh le Careter of Werington killed Henry de Haydok
in Werington and fled. Writ of exigent: chattels 20s. 4d.
for which the Sheriff is to account. The vill of Werington
did not pursue, so fined ; al$o Roger le Cuuerur of
78 LANCASHIRE ASSIZE ROLLS.
Wcrington, Richard de Sonky, Ralph de Pulton and
Robert de Flixton made a false valuation of the said
chattels, so fined.
Geoffrey de Hale has appealed William Figge of the
death of Roger his son.
William is outlawed, do chattels; and it is witnessed that he killed
Roger by day, and the vill of Werington did not take him, so fined ;
further the vill received him for one day aft^r he had wounded Roger,
until Roger died.
Edith de Litherlaund has appealed Yarwerth de
Litherlaund that he came to her house on Thursday
next before Palm Sunday and robbed her of a cow
value 5s. ; and she brings her appeal as a woman against
a man, as the Court decides.
Yarwerth says she is his villein, and he took the cow from her
for his service : and he is acquitted and Edith is fined for false
appeal, but is poor. Richard le Walays and Henry de Stanedishe abetted
her appeal, so fined.
Yarwerth de Litherlaund, his fine for having an enquiry,
I mark ; sureties, Robert le Walays and William de
Waleton.
The vill of Great Crosseby for wreck of sea found
on the sea shore near Crosseby 40s. And the said vill
of Crosseby fined for taking the said wreck without
warrant and concealing it.
The vill of Agermoles for wreck of sea stranded
near it, (applicata tuxta earn) 22s.
Richard Wythaund has appealed Hugh de Crokhurst
that, when he was in the King's peace, on Thursday before
the Purification B,M, about nine d clock, now 5 years ago,
the said Hugh came to his house at Raynford [cancelled].
Richard Wythaund has appealed Robert Poydras miller
that, when he was in the King's peace, on Thursday before
30-31 HENRY III. 79
the Purification B.M. about nine o'clock, now 5 years ago,
in his house at Reynford, the said Robert came there with
premeditated assault, dragged him by the feet out of the
said house and with a mace gave him severe blows and
robbed him of 5s. 4^d.
This the plaintiff offers to prove by his body, as the Court decide. And
Robert, in defence, offers to defend by his body. The Court considers
that Robert made reasonable suit ; and the Coroner testifies that the
appeal was for assault, and that Richard was not robbed of so large a
sum of money and that he had not followed his appeal. Richard is fined
for false appeal, and the jury to enquire into the breach of peace.
The same Richard has appealed Hugh de Crokhurst
and William and Adam his sons of force.
They ask particulars. The jury say that Robert is not guilty of assault
and robbery, nor Hugh and the others of force, except that Robert and
the others displaced a lodge that was in dispute between the parties.
Richard to custody for false claim ; the others acquitted, but to custody
for trespass. Later Robert pays fine for himself and the others, 2 marks ;
surety, the Abbot of Cokersand. Later Richard pays fine i mark ; surety,
Richard his brother.
Robert son of Gilbert de Dalton and Thomas son of
Kadigam took Thomas son of Warin and conducted him
to the house of Gilbert, imprisoned him there, beat him
and detained him in prison till he gave them 2s.
Robert, Thomas and Gilbert, to be taken ; later it is
witnessed that Thomas has died. Gilbert pays fine for
himself and Robert 5 marks ; sureties, Gilbert son of
Gilbert and John de Oren.
The Jury present that William de Waleton is Chief
Serjeant of that Wapentake, and holds 14 oxgangs of
land by Charters from the King, by the service of doing
the services which pertain to the custody of the Wapentake
with one horseman and one footman ; and his lands are
worth yearly 2 marks. For report.
Robert son of Emma fined J mark for tresspass ; surety,
Robert de By run.
a
80 LANCASHIRE ASSIZE ROLLS.
Of defaults : — they say that the Prior of Norton, John
de Haselwell {erased^ (at Ganok), William Russell of
Nortmoles, Roger de Ireland [erased] (sick), Robert de
Prestcote, William son of Richard, Richard White of
Cnueslegh, Thomas son of Beatrice, Richard de Hurlton,
William son-in-law of Richard de Chyrchele, Adam de
Burtonheued, Richard de Eccleston [^erased] (sick), Richard
de Horfalling, EHas de Horfalling, Richard Bole, Robert
his brother, Nicholas de Frodesham, William de Threliffal
[erased] (has nothing), Robert de Dalton [erased] (under age).
Richard son of Gilbert and Hugyn son of Master Roger
de Dereby, came not on the first day of pleas, so fined.
William de Wydnes, a bailiff of that Wapentake, for
his fine for many transgressions, lO marks ; sureties,
Geoffrey de Chetham, Hugh de Haslum, Richard de
Strafford, Thurstan de Holaund, Adam de Knouesle,
William de Waleton and William de Neuton.
John de Wednes son of the same William similarly
fined 40s. ; surety, Alan le Noreys.
Alan de Newesum his fine for enquiry, i mark ; surety,
William de Waleton.
William de Melling his fine for the same, \ mark ;
sureties, Roger de Kerden and Roger de Holaund.
Of persons indicted : — they say that Hugh de la Grene
0% Gerstay, Henry son of Dande de Hale, William de
Mulinaus, Roger son of Robert de Holecroft, Dobbe de
Perpunt, Roger de Rymeur of Acton, Ralph de Saunky
and Ranulph his brother, Adam Fayrarmful, Hugh brother
of Agnes de Ledian, Hugh de la Legh, Robert de Merk-
lokhurst, Richard Dingyl, Luke Bole, Wylke de Chyrchele
and Matthew de Chyrchele, suspected of theft, absconded —
all outlawed. Chattels of Hugh de la Grene, 2 marks ;
Henry son of Dande i8s. ; Ralph Sonky \ mark ; Hugh
de la Legh 17s. 6d., and he held land for which the
30-31 HENRY III. 81
King's year 3s. 6d. ; Robert de Merclokhurst 17s., and he
held land for which the King's year ^ mark ; Richard de
Dingyll 4J marks ; the rest nothing.
Later comes Robert le Sauvage and pays fine for the
said Ralph de Saunky and Ranulph his brother, i mark,
that they may return to the King's peace ; surety, Henry
le Butiller.
The Wappentak of Makefeud comes by xn. ^. 19 dorso.
Of Richard de Hindelegh, Hugh de Haydok and their
fellow jurors for their fine before Judgment, lOOs.
William Reeve {praepositus) of Neuton was drowned
from a horse in Glasebrok. Agnes his wife first found
him. Verdict, misadventure. Value of horse i mark, for
which the Sheriff to account
Roger Scharp wounded Michael de Wennewyk in the
fields of Wennewyk so that he died the next day, and
Roger fled. Outlawed, chattels i mark.
The Jury present that Robert de Waterfal, while Sheriff,
summoned both freeman and villeins to make inquisition
concerning the death of a man and other Crown pleas
at Makefeud and there took fines and defaults ; so fined.
Of persons indicted : — they say that Luuecok de
Middelton, Thomas le Turnur of Wygan, William Blakape
of Pemberton, Maddok le Walays and Cuuin son of Maddok,
suspected of theft, absconded ; so outlawed. Chattels of
Luuecok 3s. ; William 5s. 6d. ; Maddok lis.; for which the
Sheriff to account ; the rest, nothing.
The Town {villata) of Liuerpol comes by xn.
Of the same Town for their fine before Judgment and
for 12 jurors and for escapes: — 6 marks.
G^
82 LANCASHIRE ASSIZE ROLLS.
A boy unknown was found drowned in the water nigh
the mill pool of Liuerpool. Roger son of William first
found him. Verdict, misadventure.
Alan de Scheyl a beggar boy took a portion of meal
(farine) worth three pence, and was caught and detained
at Liuerpool, and escaped from custody ; so to judgment
for escape at Liuerpool. The jury acquit him of any other
misdeed — so to return if he like : but his chattels forfeited
by his escape, 3s. 6d. for which the Sheriff is to account.
Of M [Matthew de Redman] the Sheriff for chattels
of Adam son of Hilda, hanged, J mark.
The Town {villata) of Preston comes by xii.
The said Town for its fine for several transgressions,
and for escapes, and for 12 [jurors] : — ^40 marks.
William de Mirscho summons Ralph Cook of Preston
for the death of Henry de Mirschoh his brother.
Ralph was taken and imprisoned and released nnder the King's
writ on bail to appear before the Justices at the first Assize ; sureties,
Henry de Lancastre, Herbert Fuller of Preston, Richard Ruff of Preston,
Baldewyn de Preston, William de Cruce, Adam le Simple, Hugh son
of Matilda, de Preston, Roger son of Alan, Hugh le Spusage, Richard
son of Mabbe, Henry Fisher (PisccUor) of Penwertham and Martin
de Penwertham, who now do not produce him, so are fined. And William
is told to proceed against him to outlawry.
The same William has appealed Matilda wife of the
said Ralph, William de Asses, Robert le Toler and
Agnes his wife, of force, that they aided Ralph in
killing Henry.
This he offers to prove against him in person. Matilda and the
others ask particulars before they can plead, but later they relinquish
that answer and put themselves on the country for good and ill, and
ask that the truth may be enquired into. Moved by the poverty of
Matilda and the others the Justices decide that the Amoundemess jury
and the Preston jury shall enquire; who find the defendants not
guilty in any way of the said death, and they are acquitted. William
to custody for fake charge.
30-31 HENRY III. 83
Christian de Mirscho, John son of Hugh and William
son of Roger are attached for being present on the
above occasion.
They come and put themselves on the country. Verdict, not guilty,
and they are acquitted.
Walter de Mirscho has appealed Adam son of Syward,
Roger his son, Roger son of Roger and Richard son of
Uthred, that they held him and waylaid him so that he
could not go to the help of the said Henry his brother
when Ralph killed him.
And Adam and the others come and are acquitted ; and Walter fined
for false claim and to custody.
Later come William and Walter and pay fine i mark ; sureties, William
son of Michael de Clathon and William de Preston in Clathon.
Alexander son of Richard le Flemeng has appealed
Gilbert son of Robert Carnewath of breach of peace and
blows.
Plaintiff comes not; his sureties, Adam de Sydegreues and Richard
de Thyncoleheued. Gilbert is convicted, and to custody. Later he pays
fine i mark ; sureties, William de Mirscho and Walter his brother.
Of Churches : — they say that the Church of Preston
is in the gift of the King ; and William de Hauerhill, the
King's Treasurer, holds it for the King : and it is worth yearly
seven score (vij**) marks.
Of Eschaets : — they say that 2 burgages and 4 acres
of land in Preston, are eschaets of the King ; and are put
by eschaet (eschaetatium) of the King at \ mark yearly.
And Adam son of Syward holds them, by the aforesaid
eschaets, by half a mark yearly. For report.
The Wappentak of Blakeburnschyre comes by xii. m. 20.
Of Robert de Mitton and Adam de Blakeburn and their
fellow jurors for their fine before Judgment: — 12 marks.
84 LANCASHIRE ASSIZE ROLLS.
Elyas son of Henry de Harewud was drowned in
Caldre water. Richard de Harewud his brother, who
first found him, comes not, and was attached by Elyas son
of Alexander de Harewud and Alan son of Ralph de
Harewude — all fined. Verdict, misadventure.
Cecily late wife of Ralph de Kyrchaym has appealed
Robert son of Richard de Alvetham, William son of
Bernard de Dunkythele, Thomas son of Elias de Wynky-
thele, Robert son of John de Wynkythele, Thomas brother
of John de Bradehull, Richard Colstan, Robert de Warwyk,
John de Wynkythele and Richard his brother, of robbery.
Cecily does not now prosecute ; sureties, Adam son of Gilbert de Boulton
in Lonnesdal and John de Oxcliue. Robert son of John de Wynkydele,
John de Wynkydele and Richard his brother come ; and the jury are
not satisfied of their guilt, so acquitted. The others come not and were
attached, viz : — ^Robert son of Richard, by William de BoUerhon and William
de Reued ; William son of Bernard, by Thomas de Wurthesthorn and
Gilbert de Dunkythele ; Thomas son of Elias, by Adam son of Thomas
de Morton and William de Stygholmes ; Thomajs brother of John do
Bradehull by Hugh de Acton and John de Bradehull ; Richard Colstan
by John de Dunkythele and Gilbert son of John de Dunkythele ; Robert
de Warwyk by Richard del Held and Geoffrey de Cheydesle; all fined.
Later come Robert son of John de Wynkydele, John de Wynkydele and
Richard his brother and are fined 20s. for trespass, and each is surety
for the others.
A hunted stag killed William son of Agnes, and that
stag was immediately drowned in Schyrthe water. Agnes
mother of William, who first found him, comes. Verdict,
misadventure. Value of stag I2d. for which the Sheriff
to account.
Drogo, parson of Ribbecestre, was drowned from a
horse in Rybel water and the horse was drowned like-
wise. The first finder is dead. Verdict, misadventure.
Value of the hide of the said horse i8d. for which etc.
Adam de Ryston has appealed Paulin de Pouel of the
death of Edith his wife.
Paulin is outlawed, no chattels. Vill of Ryston did not take him, so
fined.
30-31 HENRY in. 8s
William son of Geoffrey de Wallay has appealed
Richard son of Emma de Wysewell of the death of
Adam his brother.
Richard is outlawed, chattels 4od. for which etc. ; he held lands, of
which the King's year day and waste i mark, for which etc. The vill
of Salebyry fined for receiving him. And Alexander [erased] Ranulph de
Salebyry sold the land to Richard de Kerden who took issues to . the
value of I mark before the King had his year and day — so Alexander
(sic) and Richard fined, and Richard to account for i mark.
Richard de Acton has appealed Nicholas de Acton of
assault and robbery.
Nicholas comes not; attached by Elias de Dunkythele and Simon
son of John de Dunkythele, fined ; Jury not agreed ; and Richard is told
to proceed against him to outlawry.
Adam son of Adam de Clyderhoii has appealed Ralph
le Harlot and Richard son of Hugh de Bosendene of
the death of Robert his brother.
Ralph and Richard are outlawed, no chattels.
Robert le Walays, carpenter, struck Roger de Belay
with a mall {ntalleo) on the head, and he died. Robert
fled ; outlawed, no chattels.
William de Thorneton his fine for trespass i mark ;
sureties, Richard de Thornton and John de Hacuneshou.
Wrongdoers unknown broke into the house of Robert
del Brok and took his goods. Vill of Meluer did not
pursue, so fined.
Roger son of Thomas de Aluetham has appealed Elias
le Fraunk, Roger Malebraunche, Simon son of Hugh and
Robert Sled, of assault and robbery.
Appellant does not now prosecute ; sureties, Richard son of Thomas de
Acton and Elias son of Ralph de Wlypschyre. Accused come not and were
not attached ; and it is witnessed that William de Singelton, bailiff, was
ordered to attach them and did nothing — so to judgment a« to him.
Accused convicted and fined.
86 LANCASHIRE ASSIZE ROLLS.
Wrongdoers unknown broke into the house of Hugh
de Clyuaker, and took his goods. Vill of Clyuacher did
not pursue, so fined.
Geoffrey de Buderiding killed Peter de Billington and
fled; so outlawed, chattels 15s. 6d. for which etc.; lands
of which the King's year etc. 9s. 8d. for which etc. ;
Elias de Dunkythele and Siward de Salebiry carried off
the chattels, fined ; and William de Thornton took the
land without warrant before the King's year and day,
fined, and to answer for the issues assessed at i mark.
The vill of Billington fined for not taking Geoffrey.
Later comes Adam de Tokholes and makes fine for the
said year day and waste, i mark ; sureties, William de
Rouinton and Henry de Bromicroft.
Simon de Acton has appealed Nicholas son of Eve
of robbery.
Plaintiff does not prosecute ; sureties, Richard son of Reginald de Acton
and Richard son of Thomas de Acton. Accused comes not and not attached,
is convicted and fined.
OT. 20 dorso. ' Blakeburneschyre continued.
Richard de Melling suspected of theft puts himself on
the country.
The Jury and four neighbouring vills attest that he is guilty of
burglary and several thefts. Chattels 9s. for which, etc.
Hugh Russel of Chadelegh, Robert son of Reginald
de Acton and Adam de Wurtheston, suspected of theft,
put themselves on the country.
The Jury and four neighbouring vills — Cotton, Clayton, SaJebyry
and Clyuacher — find Robert guilty of stealing cows, pigs and other things :
and Hugh gives i mark for good enquiry ; surety, Ralph de Mitton.
The Jury and the said four neighbouring vills find Hugh and Adam
not guilty of any misdeed, so acquitted. And the four vills fined for
not coming more fully {plenarie) before the Justices. Chattels of Robert
28s. for which etc., and land of which the King's year etc. 2s. for
which etc.
30-31 HENRY in. 87
Adam de Mailing and Roger son of Mayok suspected
of theft put themselves on the country.
The Jury of that Wapentake and of Leylondschyre acquit Roger,
and find Adam guilty of burglary and other robberies. Chattels 23s.
And Adam had found sureties de fidelitate elsewhere, viz. Robert de
Clogh of Bcyley, Richard son of Richard de Grenehurst, Walter de alibi
(sic) Beyley, Jordan and Ralph his sons ; all fined.
John Ragate and Richard de La Laund were taken
with stolen cattle.
Convicted, no chattels. One William son of Uthred de Thomthon
taken in their company is a thief, but no one proceeds against him ;
and sureties were taken but they come not, and it is witnessed that
he is dead, but was not essoined; sureties fined. Later comes John de
Chauncefeud and pays fine ^ mark, for the sureties ; surety, Ralph de
Mitton. Later comes Alan Grenhed servant of Alice de Stauelay, to
whom the above cattle belonged, and pays fine for the cattle i mark ;
surety, Ralph de Planaz.
Cecily daughter of Henr}- de Plesington has appealed
Robert de Leystok, Henry Sparwe and Elyas de Holme
of the death of Henry her father, on the King^s writ.
The Jury say that Henry was a wandering thief, and Robert and
others with the whole province caught him with a cow that he had
stolen, and beheaded him ; and that otherwise they killed him not : so
acquitted. And Cecily fined for false appeal — she is poor.
Roger son of Henry de Folrigge struck Richard son
of William with a sword in the belly, so that he died, and
Roger fled. Outlawed, chattels 4s.
Robert de Grimeshark was drowned in Rybel water.
Hawyse his sister, who first found him, comes not, and
was attached by Robert de Grimesargh and Adam his
brother, so fined. Verdict, misadventure.
Si ward de Alsston was struck by a horse and died.
Verdict, misadventure. Value of horse los. And Adam
de Hocton, Roger son of Roger de Preston, and Baldwyn
de Preston put a false value on the horse, so fined ; and
Bernard de Mitton took away the horse before it was
88 LANCASHIRE ASSIZE ROLLS.
seen by the Coroner, so fined ; and the vill of Wetelay
allowed him to take it away, so fined.
Richard Sorgheles killed Mabel his wife in Harewud
and fled. Outlawed, no chattels. Vill of Harewud did
not take* him, so fined.
Wrongdoers unknown broke into the house of Simon
Smith of Lyuesay. The vill of Liuesay did not pursue,
so fined.
Of M. [Matthew de Redman] the sheriff, for chattels of
Geoffrey Marsh {de Mariscd) hanged at York, 4s.
Of Ladies : — they say that Margaret Countess of
Lincoln is in the gift of the King, and marriageable ;
the worth of her lands in that Wapentake is not known.
For report.
Of Churches : — they say that the Church of Wallay
is in the gift of the King by reason of the wardship of
Edmund de Lascy, and is worth yearly seven score
marks ; and Peter de Cestria holds it. And the church
of Ribbechestre is in the gift of the King by reason of
the same, and Imbertus the clerk holds it ; and it is
worth yearly 40 marks. For report
Of defaults : — they say that the Abbot of Neubo,
John de Lunguilers, Henry le Waleys, John de Wrydelesford,
John de Punchardon, Jordan de Boghurst, Jordan de
Baylay, Adam Baret, Robert de Frikelton, William son
of Richard Thurger, Richard de Mora, Jordan son of
William, Richard son of Henry, Hugh Arbalaster, Roger
de Wyllouston, Matilda de Blakeburn and Walter de Parva
Mitton came not the first day, so fined.
m. 21.
Wapentake of Blakeburnschyre continued.
The Jury present that Alexander Daunger, Richard
his son, Robert son of Byby, Alan de Marchesden,
30-31 HENRY III. 89
Henry Was, John Wastepayn, Walter de Dunecotes,
Roger son of Bimme, Benne de Blakeburn, Swayn de
Harlecroft and Alan Burdun, elsewhere indicted, found
sureties to come now before the Justices and to stand
aright, and they come not ; so their sureties fined, viz.
of Alexander and Richard his son, Thomas de Quithale,
Adam son of Jordan, David de Liuesay, Adam son of
Ketel, Adam de Liuesay, Robert son of William de la
Lawe, Alan son of Orm Forester and Richard de
Roteleswurt : Robert son of Byby, no sureties ; of Alan
de Marchesden, Adam Loterhunt, Thomas son of Robert
de Dene of Aluetham, Adam son of Warin de Hapton,
Reginald brother of Adam le Oterhunter (dead) : of Henry
Was, John de Rascok, Peter son of Henry, Robert son of
Hugh de Athelington, Dike son of Ralph de Penket,
Peter de Bulling and Robert son of Morewyth : of John
Wastpeny, Dike son of Thomas de Hayhurst and Adam
son of Richard de Hayhurst : of Walter de Dunecotes,
Alexander son of Syward de Merlay, Roger de Dunhum,
Peter son of William de Dunhum, and Geoffrey son of
Alexander de Dunum : of Roger son of Bimme, Geoffrey
Cue of Chepin, William son of Lewaynrith, Gilbert de
Dinkedelay, and Uthred son of Bernard : of Benne de
Blakeburn, Alan son of Swayn de Acton, John son of
Herui, Bernard de Eccleshull, Alexander Fuller of Blake-
burn, and Geoffrey le Flaxbeter of Waleton : of Swayn
de Harlecrofte, Elias le Mazun de Billington (dead),
William de Gayrgreue, Ralph de Magna Penilton, and
Hugh de Penilton : of Adam Burdun, Robert son of
Hamelin de Rochedale, William Lingard and Adam Lingard.
Later comes Adam de Hothon and pays 20s. fine for
Gilbert son of Matthew de Samlebir, Robert son of Ulf
de Samlebir, and Richard son of Alexander de Samlebir,
that they may return to peace ; surety, William de
Samlebir.
Of persons indicted : — they say that Gilbert son of
Matthew de Salebiry, Nicholas son of the Priest son of Henry
90 LANCASHIRE ASSIZE ROLLS.
de Salebiry, Robert son of Ulf de Salebiry, Richard son
of Alexander de Salebiry, Henry Dune [erased] of Sale-
biry, Robert son of Warin de Schadesle [erased] (dead),
Jordan son of Eve de Hedisford, Adam Croueberye,
Richard Kygelpeni of Salebiry, Adam Hert, Adam de
Quitacre, Reginald Castepac of Skypin, William son of
Tunnok de Dunum, Thomas son of Ranulph de Kerbrok,
Elbe de Kelbrok, Geoffrey de Calne, Richard son of
Christian de Calne, Robert son of Gena de Calne,
Alexander Caldvvegge of Merkelesden, John de Kykeleswyk,
Adam son of William Chaplain of Calne, Alecok Ronde
del Wurth, John le Mazun of Bouelton, Roger son of
Henry de Helton, Henry Mainard of Merkelesden, Richard
son of Waldef de Exineshull, Thomas brother of Adam
Arthur, Richard de Goldburn, Pipot de Turton, Pimme
Forester of Anderton, Brun brother of Henry Capil of
Aschelindene, Roger Godinpriche [erased]^ Richard de Ricroft
of Heselindene, Robert his son, Hugh de Ascheley of
Aselindene, Henry Capel of Aselindene, William Bulax and
Alexander de Thornhurst, suspected of theft, absconded.
Exigent and outlawed. Chattels ; Robert son of Ulf, 2 marks ;
Richard son of Alexander, 25s. 2d. ; Henry Dune of Salebir, 17s. 6d. ;
Richard Kygelpeni, 228. 5d. and land of which the King's year etc. 8s., for
which etc. ; Geofifrey de Calne, 21s. ; Alexander Goldwegge of Merkelesden,
6s. ; Roger Godinpriche, 32s. ; Richard de Ricroft, los. ; Thomas brother of
Adam Arthur, 31s. and land etc., 5s. ; the rest no chattels.
Later come Henry Dunne and Roger Godinpriche and put themselves
on the country; Henry giving i mark for a jury, surety, Roger de
Salebyr; and they are both acquitted.
Later comes Richard Kiggelpeny and pays i mark fine to return
to peace ; surety, Ralph de Claiton.
William, son of Geoffrey and Hugh his brother, sus-
pected of theft, come and stand their trial.
The Jury and four neighbouring vills find William guilty of burglary
and several thefts; his chattels 22s. 2d., for which the Sheriff to account.
Hugh is acquitted. Later Hugh pays i mark fine for trespass;
sureties, Simon Reeve (j^repositus) of Merkesden and Jordan son of Elias
de Merkesden.
30-31 HENRV III. 91
The Jury present these for taking of the chattels of
Walter de Tadham, viz. : — Richard de la More, a cow value
Ss. ; Thomas son of Sygherith de Tornelay, 2 cows value
lOs. ; Biby de Knolle, 7 cows value 35s. ; Dobbe son
of Robert de Schyppin, 2 cows value los. ; they are
all fined, and to account for the said values : and
Richard pays i mark, sureties. William son of Gamel
and Roger son of Gervase ; and Thomas son of Syerith
pays ^ mark, same sureties ; and Bybi de Cnolle pays J mark,
same sureties.
The Jury present that Adam, Richard, William and
Roger, sons of Roger parson of Blakeburn, burned the
Grange of the Abbot of Stanlegh at Staininges ; so
exigent and outlawed, no chattels ; and Bernard de Schame-
lesbyr, Richard his brother. Was de Schamelesbiry,
Alexander de Horewud, Adam de Salebiry, Henry son of
Robert de Blakeburn, Richard de Cawud of Liuesay,
William son of Matilda de EccleshuU, Gilbert de Eccles-
hull, Adam de Tokholes, Maddok de Blakeburn, William
Bustoch, Richard son of Pettel, Geoffrey de Tokholes,
Roger le Fraunceys, Richard de Singelton, Matilda mother
of the said Richard, William and other wrongdoers aforesaid,
Wyun son of Roger de Haselingden, Thomas son of
Matilda de Haselingden, Christian de Aluetham, John Kay
of Blakeburn, Robert son of Robert de Blakeburn, Henry
son of John de Haselingden, Henry de Plesington, Henry
de Hocton, Brunc his brother, Ekke de Tokholes, John le
Leuit, Roger de Netton, Richard son of Henry de Viseual,
William son of Robert de Nitton, Richard de Hundecliue,
Wyon son of Wervill, Robert de Euot, Adam de Aluetham,
Alexander Knit of Little Harewud, Henry de Vunntlay
and Robert de Aldaine in Salesbiry received the said
Adam and others after they did the same.
Of Adam de Marchdene his fine for trespass,
\ mark ; surety, John de Lascy.
92 LANCASHIRE ASSIZE ROLLS.
Later it is witnessed that the King, by his writ, has
ordered the custodian of the land of John late Earl of
Lincoln to attach all those who were suspected of the
arson of the said grange ; and he found none of them save
only the above Adam son of Roger, who is attached
by Robert de Rauenesden, Adam son of Robert de
Blakeburn of Aluetham, Adam brother of Henry de
Sutteleswurth, Richard de Osewaldetwysel of Eluetham,
Adam son of Stephen de Aluetham, Robert son of
Margery de Aluetham, Bibby son of Richard de Aluetham,
Roger son of Robert de Hapton, Adam son of William
de Aluetham, Adam son of Albreda de Wlipschyre,
Geoffrey de Tokholes, Gilbert de Dinkidele, Henry son
of Elias de Plesington, Roger de Bradelay, Henry de
Sutheleswurth, Benne de Ecclesille and Bernard de Sales-
biry, to come before the present Justices : and they have
him not here, so fined. See back [of membrane].
And Wyun son of Warvill, suspected of receiving the
said Adam and his brothers pays fine I mark ; surety, William
de Werle worth : Robert de Eywode for same, I mark ;
surety, William Smith of Rachedal : Adam de Eluetham
for same, i mark ; surety, Adam Noel : Alexander Knycht
for same, J mark ; surety, William de Samlesbyri : Henry
de Hunteley for same, J mark ; same surety : Robert de
Holden for same, i mark ; same surety ; Henry son of
Robert de Blakeburn for same, ^ mark : Robert son of
Robert de Blakeburn for same, J mark.
Later comes the said Matilda and pays 60 marks fine
for herself and Adam, Richard, William and Roger her
sons by the following sureties : Adam Noel for 20 marks ;
Henry de Schutlesworth, 10 marks ; Ralph de Clayton, 5
marks ; Thomas de Elueteham, 5 marks ; Adam de Henne-
thyrne, 5 marks ; Richard Fitun, 40s. ; Jordan de Mitton,
40s. ; Thomas de parva Penilton, 40s. ; Hugh Querderay,
40s. ; Henry son of Uctred de Whalley, i mark ; Ralph de
Mitton, 2 marks.
30-31 HENRY III. 93
And Wasse de Samlesbiry, Bernard de Samlesbiry,
Richard son of Adam de Samlesbiry and Henry de Houton,
suspected of receiving Adam and his brothers, pay 4 marks
fine ; sureties, William de Samlesbyry, Adam de Merton :
Adam de Salesbir, for same, pays 2 marks ; surety, Syward
de Salesbir : Alexander de Harewod, for same, pays 20s. ;
sureties [i^/ank] : Richard de Eywode of Lyuesay, for same,
pays 2 marks ; surety, Adam de Blakeburn : William son of
Matilda de Ecleshull, for same, pays 20s. ; same surety.
They present that Richard de Singelton was in company 7w. 21 dorsi
with Adam son of the parson of Blakeburn and his brothers
at the burning of the Grange of Stayninges ; so exigent
and outlawed ; no chattels, but land for which the King^s
year, etc., i mark. Later it is witnessed that the said Richard
was taken for other offences (moiesiis) and released on bail,
sureties, Alan de Singelton (dead), William de Thornton,
Roger de Stainol, Richard de Dutton, Adam de Frekilton,
Thomas de Singelton (dead), William son of Alan de
Stainol, Roger son of John de Stainol, Jordan son of
William de Stainol (has nothing), William son of John de
Stainol and Michael de Toncroft (has nothing), who have
him not here ; so fined.
Peter de Bradele, Richard Emod and Adam de Waker-
shal are tried for burglary and acquitted. Gilbert de Bromlegh,
attached for the same, absent ; sureties, Adam de Wakerehal
and Peter de Bradeleg, fined : and Gilbert is found not
guilty, so excepted from the said suspicion {retto).
Gilbert de Ecleshul for receiving those who burned the
said Grange pays 20s. fine ; surety, Robert de Ecleshul :
Adam de Tocholes, for the same, 2 marks ; surety, William
de Ruynton : Maddok de Blakeburn, for the same, 20s. ;
surety, Adam Noel : Richard son of Petel, for the same,
I mark ; surety, William de Caldekotes : Roger le Franceys,
for the same, 40s. ; sureties, William de Lyuesey and Robert
de Plesington : Wyun brother of Roger de Haselingden,
94 LANCASHIRE ASSIZE ROLLS.
for the same, 4 marks ; surety, John de Lascy : Thomas
brother of Matilda, for the same, i mark ; surety, Thomas
de Blakelawe : Henry de Plesinton, for the same, 2 marks ;
surety, Ralph de Mitton : Brun de Hooghton, for the same,
J mark ; surety, William de Samlesbiry : Elyas de Tokholes,
for the same, 2 marks ; surety, William de Liueseye : John
de Lewed, for the same, 20s. ; surety, Robert de Ecleshull :
Roger de Wytton, for the same, 2 marks ; surety, Adam de
Bilington : Richard son of Henry de Wysewell, for the same,
20s. ; surety, Jordan de Hennethyrn : William son of Robert
de Wytton, for the same, 20s. ; surety, Adam de Bylinton :
Richard de Cumbecliue, for the same, 20s. ; surety, Richard
de Cuhill.
The Wappentak of Amunderness comes by xii.
Of John de Legh, William de Carlton and their fellow
jurors for their fine before Judgment : — 10 marks.
Richard Clerk of Legh has appealed Richard son of
Roger de Cotum, Alan son of Roger, Was son of Roger,
Wilkin son of Henry son of Milla, Adecok son of
Richard de Caybel and Roger son of Si bill of robbery.
Adcock and Roger .are outlawed at his suit ; no chattels. The rest
absent ; Richard attached by Adam de Billesburg, William son of Hamo
de Billesburg and Richard brother of Alan de Singelton ; Alan, by
Roger de Cotum his father, Robert Blundun of Cotum (dead), William
Carpenter of Ingol and Grimbald de Slere; Wa^, by Robert son of
William de Cotum (dead), Gregory RufPun of Cotum (dead), Roger le
Bacheler of Wirkidele (dead) ; Wilkin, by Richard son of Swayn de Samlesbir,
Robert son of Henry de Leheued, Alan son of Henry de Le and Henry
father of the said Wilkin. And Richard Clerk is told to proceed against
them to outlawry.
Grimbald son of William de Schelen appeals Adam
son of Christian and Robert de Nattelondon of breach
of peace and battery.
Appellant does not prosecute ; sureties, John de Staunford and John de
Qaynstak. Accused acquitted. Later Adam and Robert pay ^ mark fine
for trespass; surety, Thomas de Coupmaneswra.
30-31 HENRY III. 95
Agnes de Billesburg has appealed Henry son of
William son of Loard of rape.
She comes and declines to prosecute, so to prison ; sureties, Adam
de Billesburg and Dobbe de Grenhol, fined. The Jury convict, and so
both to custody, being poor.
Wrongdoers unknown broke into the house of William
Miller of Brokholes at Brokholes. The vill of Brokholes
did not pursue, so fined.
Robert de Etherwyk has appealed Richard de Soureby,
Thomas de Elaund, Luuecok and Hugh sons of Syward,
of assault (J>l<igis).
Robert absent ; sureties, Adam de Hetheleswyk, Alan son of Roger
de Eccleston. Thomas and Luuecok absent ; sureties of Thomas, Robert
de Cleyton and Warin de Waleton; of Luuecok, Richard le Iniur and
Richard Banastre. And Richard and Hugh come, and Hugh gives ^ mark
for a good inquisition ; surety, Grimbald de Barton : and the Jury are
not satisfied of their guilt, so acquit them. Later comes Richard de
Soureby and pays i mark fine for transgressing ; surety, Hugh de
Eccleston.
Richard de Anedargh has appealed Adam de Wedacre
of assault.
Richard does not prosecute ; sureties, William de Gayrstang and Hugh de
Gayrstang. Adam comes, and the Jury are satisfied that he struck Richard
a blow with a sword : so to custody. Later Adam pays 40s. fine ; sureties,
Robert de Wedacre and Henry son of Tyok.
Margery de Inskip has appealed Biby son of Reginald
of the death of Thomas her husband.
Byby is outlawed at her suit ; chattels 22s.
Richard son of Utred de Alleston has appealed William
Palstre of the death of Thomas son of Adam his nephew.
Richard absent, sureties, Adam son of Roger de Alston and Alan son
of Henry de Alston : and William is outlawed, chattels 3s.
Matilda de Brokholes has appealed Gamel de Elmet of
the death of Adam her husband.
Gamel outlawed, no chattels.
H
m. 22.
96 LANCASHIRE ASSIZE ROLLS.
Richard son of Jordan de Trerefell has appealed Thomas
son of the Chaplain, who is dead, of robbery.
ThcMnas has no essoin of death as the custom is; sureties fined, Adam
■on of Jordan de Wetele and William son of Richard de Thornythele.
Amabel late wife of Roger de Le has appealed John
de Hegham of the death of the said Roger.
John absent, and not attached. Amabel comes and is poor and asks
by her poverty that 'the King prosecute ; and John is convicted and
outlawed, chattels i6s. 8d. for which etc.
Of defaults: — the Abbot of Deulacres, Jordan de
Gosenere, John de Hainton and John de Thornhol came
not on the first day, so fined.
Amundernes continued.
Alice daughter of Gilbert de Flayale has appealed Roger
son of Uthred de Brockhol of rape, on the third Monday
before Whitsun day in that year, about nine o*clock, at or
near the vill of Brokhol, near Rible water.
She o£fers to prove this against him as woman against man, as the
Court decides. Roger comes and puts himself on the country, whether
her suit is reasonable. And it is witnessed by the Coroner's roU that she
did not raise hue and cry when she made suit against him as she ought.
(Non letuiuit vthesium ut secuta ftuit versus earn prout sequi dehuit). So
the Court decide that the appeal fails ; and as to the breach of peace,
the jury say that Roger is not guilty in any way, and he is acquitted.
Alice to custody for false appeal, and she is poor.
Of Ladies: — they say that Alice who was wife of Alan
de Singelton is in the King's gift and marriageable, and
William de Lancastre has her marriage for the King.
Likewise Eve who was wife of Geoffrey Arbalaster and Alice
who was wife of Richarrf de Katerhale are in the King's
gift and marriageable ; but they know not the value of
their lands ; and William de Lancastre holds their marriages
for the King.
30-31 HENRY III. 97
Of Churches: — they say that the Church of S. Michael
super Wyre is in the King's gift, and James de Monasteriis
holds it for the King ; yearly value 70 marks. And the
Church of Kyrkhaym is likewise in the King's gift, and
William de Ebor. Constable of Beverle, holds it of the
King's gift ; yearly value 1 2 score marks.
The Jury present that Ralph son of Richard de Katerhale
is in the custody of the King, and William de Lancastre
holds him for the King, and his land is worth 12s. yearly.
For report.
They present that William de Singelton holds 4 oxgangs
of lands by Serjeanty as Keeper of the Wapentakes of
Amundemes and Blakebumshire, with one serjeant mounted
and two footmen and they are worth yearly 12s. For
report.
Of wreck of sea: — they say that two casks of wine
stranded (applicaverunt) on the sea shore at Roshal, and
Matthew de Redeham (sic), Sheriff, took them to Lancastre
Castle, and also an empty bairel stranded there, and
the same Sheriff had it ; value of wine, 43 s. 4d.
Robert de Ethereswyk makes fine i mark for trespass ;
surety, William son of Michael de Thornton.
Of wreck of sea: — ^they say that three casks of wine
stranded at Hacunesho on the land of John de Hacuneshou,
value 6| marks, and John took and has them. Later comes
John de Hacuneshou and says that King Richard enfeoffed
one Geoffrey his father of all his lands so freely that, if
wreck of sea stranded on it, he might have it to his own
use ; whence, he says, it happened in the time of King
John, when he was in those p>arts, that three casks of wine
stranded on Geoff re/s land ; and when this was shown to
the King he granted it to Geoffrey, by the name of wreck.
And the said Geoffrey his father all his time had the
wreck when it occurred on his land, and he, the son, should
98 LANCASHIRE ASSIZE ROLLS.
have it. And he appeals to a jury, and offers the King
10 marks for a search ; and it is received on condition that
he come on the morrow of the Nativity of our Lord
[26 December] before the King, wherever he may be ; and
if the King aJlow that he ought to have the wreck he
shall have it, and if not he shall answer for the said
offence ; surety, John de Hakun.
The Jury present that Adam, Richard, William and Roger,
sons of Roger Parson of Blakeburn burned the Grange of
the Abbey of Stanlawe at Staining, and Henry Tales, John
son of Alan de Hulkotes, Cadigan de Heton, Dodin his
comrade (socius) and Richard de Singelton conducted the
burners to make the said arson and brought them back :
so all exigent and outlawed ; no chattels.
William de Singelton, fine for several offences, 10 marks ;
sureties, Adam de Aynuluesden, Adam de Blakeburn, Gilbert
de Kyuerdale, Richard de Knolle, William de Balderston,
Thomas de Coupmanewro, Richard Fithun, Geoffrey de
Whallay, Ralph de Cleyton and William de Mulynaus.
William Joye, Simon Glayue and William le Milkester,
suspected of theft, come and stand their trial.
The two first are acquitted, and WiUiam le Milkester is found guilty
of stealing clothes and burglary; so outlawed, no chattels.
The Jury present that Adam de Muston and Lawrence
son of Roger .de Tatham took two beasts, value los., of
Walter de Tatham and took them to the house of John
Harang, where they ate them ; so fined, and to account
to the King for los Later Thomas de Coupmanwra pays
2 marks fine for John Harang, sureties, himself and
William de Kyrketon ; and likewise i mark fine for
Adam, same sureties.
The Jury present that Robert de Thomideley, deceased,
took 8 of the said beasts value 40s., for which his heir
is to answer.
30-31 HENRY III. gg
They present that Robert de Wytinghaym and Simon
his brother took 7 of the said beasts, value 35s.; so
fined, and to account for 35 s.
Amundernes continued. m. 22 dor so.
The Jury present that Warin de Ethelaston, Dobbe
son of Thomas, Alexander de Etheliston, Wasse son of
Roger de Cotum, William son of Henry son of Mylla,
Jordan Excommunicatus, Roger son of Lyelf, William son
of William Crune, Gregory de Clacthon cmd Robert de
Etheleston, elsewhere indicted before the Justices at the
other Eyre, found sureties to appear before the now
Justices and to stand right if anyone wished to plead
(Jo qui) against them.
They come not. Sureties of Warin, William Barnefader, Jordan son
of Ralph de Etheleston, Richard son of Walter de Etheleston, Adam
son of Robert West, Robert and Roger sons of Sigherht : of Dobbe,
Richard son of Walter de Etheleston, Warin son of Thomas de Etheles-
ton, Jordan son of Ralph de Etheleston, Adam son of Robert West, and
Henry de Ingol: of Alexander, William his son, Richard brother of
Alexander, Robert son of Thomas de Etheleston, and William son of
Robert de Etheleston: of Wasse, Richard de Singelton, Alan brother of
Wasse, Matthew brother of Roger de Cotnm (dead) and Adam son of the
same Roger : of William Eon of Henry, Henry his father, Benedict le
Large, John son of Henry de Le and Dyke de Chypendale: of Jordan,
Adam de Barton and Adam Fetherel : of Roger son of Lyelph, William
son of Alexander de Ethereston, Richard de Udereshale, Roger de Grime-
sargh and Richard son of Walter de Halueston : of William son of
William, Adam son of Ketel de Gersingham, John son of Benedict de
Farleton, William his father and John son of Richard de Wytington : of
Gregory de Clagthon, William de Wynmarley, Adam de Solam, Hugh
son of Adam Parfay of Preston, Roger del Tuncroft, and Matthew son
of Ralph de Claghton : of Robert, John de Etheleston, William brother
of Robert, Dogge son of William Ceci and Richard de Marays.
Of persons indicted: — they say that Richard son of
Lecelin de Halleston, William; de Blakewelbanc, Kandelan
de Selene, Peter Lur of Neuwesum, Roger son of Alexander
de Legh, Henry Wyterwater, Thomas son of William de
lOO LANCASHIRE ASSIZE ROLLS.
Trefeud, Dobbe son of Albin Priest, Simon Dete of Chippin,
Adam son of Adam de Sunderlaund, Dogge son of Elias de
Dingele and Tille Wudeward, suspected of theft, absconded ;
so exigent and outlawed ; chattels, William 8s., Roger
1 6s. 7d., the rest nothing.
Later Adam de Hothon pays \ niark fine for Richard
son of Leceline de Halleston, that he may return to the
peace ; surety, William de Samlesbiry.
All of that Wapentak complain against John de Wything-
ton, Serjeant of Master John Le Rumayn, that he by the
advocacy of the said Master John takes money and
corn from them against their wish at his will ; and
if they will not give he has them taken to his capital
house and there they are at once fined ; so that by such
deeds the country is being ruined. So to judgment.
The Wapentake of Lonnesdal comes by xii.
Of Alan son of Orm, Adam Garnet and their fellow
12 m, {sic) jurors for their fine before Judgment: — lo marks.
Roger de Bardesay has appealed William le Escruaynt
of the death of Robert his brother : and Thomas le Escot
of force at the said death.
William and Tliomas outlawed, no chattels.
The same Roger has appealed Nicholas de Crauene that
he was in force (in vz) with the Sciid William and Thomas
at the Sciid slaying of Robert his brother.
Nicholas comes and pleads that there is nothing against him in this
appeal for which he should be put to law, and he is overruled, and to
custody for false claim, and the trial proceeds. Verdict, not guilty. Roger
pays i mark fine for false appeal ; sureties, Michael de Adkerlith and Roger
de Cleyston.
Matilda who was wife of William de Clesdon has appealed
Nicholas le Mercer of the death of her husband.
Nicholas is outlawed, chattels 28.
30-31 HENRY III. lOI
She also has appealed Robert son of John le Tanur
of force at the said death.
Robert is outlawed, no chattels. And Alan le Kinge, Adam de Rothery
and Dobbe de Oregraue, attached for being present at the said slaying,
are acquitted, but fined for not taking Nicholas and Robert. The vill of
Cleston made no pursuit, so fined: and 12 jurors concealed that appeal,
so fined. Adam son of Adam the Reeve and Roger son of William, attached
for being present, are acquitted, but fined for not taking Nicholas and Robert,
i mark; surety, William de Fomell. Alan and the others are poor.
The Jury present that one Henry le Pestur was wounded
in a stable (stablo) of the Abbey of Fornell, so that he
died: and it is found by the Coroners roll that Robert
le Tayllur was summoned (interrogatus) at four County
Courts for the Sciid death cind after was outlawed. On this
comes the said Robert and produces the King's writ in these
words : — " Henry, by the grace of God, etc., to all bailiffs
and faithful subjects to whom, etc., greeting. Know ye,
that at the instance of our beloved and faithful William de
Lancastre we have remitted to Robert le Tayllur, valet of
the said William, the outlawry promulgated against him by
reason of his flight for the death of Henry Pistor of
Fountains of which he was suspected, and we grant him
our peace therefrom, so that he may make peace with the
friends of the said Henry and may stand aright thereof
if anyone, etc." And he gives to the King 10 marks that
his writ may be enrolled ; sureties, Rouland le Franceys and
Richard le Butiller. And it is shown that the said Henry
was outlawed in the county of York for the death of Geoffrey
son of Adam. And no one appears to prosecute, so it
is granted that he have the peace as the King commands.
Wap. of Lonnesdal continued. m. 23,
Adam le Rus was killed by a mad bull; WilHam
Coldbord first finder is dead, but no essoin of death; so
his sureties fined, namely Philip de Roos, the other
surety dead. Verdict, misadventure ; value of bull 4s.
for which the Sheriff to answer.
102 LANCASHIRE ASSIZE ROLLS.
WyjUcirka de Stanlith has appealed Nicholas de Scroby
of rape, and Adam de Holm of force.
They are absent and were not attached, not having been found.
Wymarka is told to proceed against them to outlawry, if she wish.
Amabel who was wife of Elias Serjeant (sertiientis) has
appealed Robert son of Hug-h Smith of the death of the
said Elias.
Robert is outlawed; chattels 43s. for which, etc.
Roger Schyncird killed Thomas le Moyne in Neubethayt
fields and fled.
Accused is outlawed; no chattels.
Wrongdoers unknown broke into the house of Alan
de Urswik and bound him, etc. Vill of Urswyk did not
pursue, so fined.
Julliana de Hesham has appealed John Crocbayn of
the death of Elias her brother.
John is outlawed ; no chattels.
John Wytlok and Thorfin de Dene killed Andrew de
Schelwath in Schelwath and fled.
Accused are outlawed, no chattels; vill of Schelwath did not pursue,
so fined.
Gilbert de Ulueston was drowned from a horse on the
sea beach and the horse was drowned with hin^.
Verdict, misadventure ; unknown what became of the
horse, so for it nothing.
One Ivo, a lay brother (conuersus) of Fornell, was
drowned from a horse in Levene water ; John de Bordell
found him. Verdict, misadventure. Value of horse 9s.
William son of Waldef del Greines killed Henry de
Horegraue in Thoruergh fields and fled.
Accused outlawed, chattels 6s. William de Turs made false valuation
of chattels, so fined.
30-31 HENRY III. 103
Wrongdoers unknown broke into the house of Alan
son of Wilham de Asemunderlawe and fled. Vill of
Asemunderlawe did not pursue, so fined.
Wrongdoers unknown broke into the house of Serlo de
Kyrkeby. Vill of Kyrkeby Irlis did not pursue, so fined.
Henry son of Michael de Furness fell from a horse
in Cleston fields and died shortly after. Verdict, mis-
adventure ; value of horse J mark. The vill of Cleston
buried him without view of the Coroner, so fined.
Margaret who was wife of Lambert de Ulueston has
appealed Alan Mirthebuk of the death of the said
Lambert.
Alan is outlawed, chattels 47s. Roger de Stainerlith and Stephen
de Hertwait made a false valuation of the chattels, go fined.
Agnes who was wife of Norman Serjeant has appealed
Henry Frendles of the death of Norman.
Hemy is outlawed, no chattels.
William le Petre struck Elias his brother with a
knife {kniplo) in the belly so that he died, and William
fled to Dalton church ; and he acknowledged the deed
and has abjured the kingdom. No chattels.
Wrongdoers unknown broke into the house of John
de Likyl ; and Thomas del Water and Hugh his brother,
suspected of that burglary, have absconded, so outlawed ;
chattels not known, as they were strangers (extranei).
Adam le Escot killed Walter Bareward in Dalton fields
and fled.
Outlawed, no chattels.
Still of the Liberty of the Abbey of Forness.
JuUiana de Kokerhaim has appealed Richard de Routhecliue
of the death of Roger her husband.
Richard is outlawed, no chattels. And Benedict de Corlous, Simon
de Topias, Henry de Sline, Simon son of Gunilda, Henry son of Henry
de Bigetwayt and Nicholas de Bigetwayt, attached for being present,
are acquitted. The vill of Kokerhaim did not take Kichard, so fined.
104 LANCASHIRE ASSIZE ROLLS.
Margery wife of Adam Clerk of Kokerham has appealed
Richard son of Peter de Kokerhaim of the death of the
said Roger her son.
She comes, but will not prosecute ; so to custody and sureties fined,
viz., Adam Clerk her husband, no other surety. Richard comes not, and
not attached because not found. Verdict, not guilty, so let him return
if he wishes ; no chattels.
Henry son of Alice de Melling was drowned in Lone
water : Alice his mother, first finder, comes not ; attached by
William de Wraton and Benne Brun. Verdict, misadventure.
Wrongdoers unknown broke into the house of Ivo de
Scales : vill of Schales {erased) Whitington did not pursue,
so fined.
Wrongdoers unknown broke into the house of Gilbert
de Lek : and Gilbert was attached to appear before the
Justices and comes not ; sureties, Benedict son of Ralph
de Lek and Robert son of Uthred de Lek.
w. 23 dorso, Wap. of Lonnesdal continued.
Alice late wife of William Stute has appealed John
son of Thomas de Lindal of the death of William.
John is outlawed; chattels 6 is., for which ihe, Sheriff and (erased) the
Master of the Hospital to answer: and John de Celarer, William de
Neuton of Kertmel and Gregory Belle made false valuation of chattels
so fined.
William son of Matthew de Lancastre has appealed Serlo
son of Patrick de Eston of assault etc.
William comes not ; sureties, William de Bulk of Lancastre and William
Stythy 6f Lancastre. Serlo comes, and the jury say that he is guilty,
so to custody; all poor.
Robert Prior of Homeby was killed through a horse,
which carried him on to a certain cross, throwing him at
the cross, so that he died thereafter. Value of horse 40s.
Hugh le Porter of Homeby, then present, attached, but
30-31 HENRY in. 105
comes not ; sureties, Thomas Thothe of Horneby and William
Hyrdman of Horneby: Richard de Hindelegh, Wcirin de
Waleton and Hugh de Mitton made false valuation of the
horse, so fined.
Gilbert son of Langus de Clathon has appealed Gilbert
de Schathegail of assault etc.
Accused absent, attached by Adam son of Adam de Farleton and
John brother of the said Adam : appellant told to proceed etc.
John son of Adam de Erghum has appealed Hugh de
Miriwra of robbery etc.
John comes not ; sureties, John de Lethton and Alan de Dalton :
accused absent, and not attached. John son of Adam de Tunstall, attached
in that he was in lea^e (ligcUus) with the said John, comes not; attached
by John Nuteman of Dalton and Robert del Heued of Dalton.
Roger Carpenter of EUal has appealed Maurice son of
Roger de Kemeford and Tunnoka wife of Hugh de Kerne-
ford of assault : and Richard, Adam and Hugh, brothers
of Maurice, of force.
Roger comes not; sureties, Gervase his brother, the other surety dead.
The accused are all foimd guilty, and to custody; later Maurice pays 20s.
fine for himself and all the others ; sureties, Rouland de Reuegil and
Richard Le Butiller.
Gilbert Gosman was drowned in Candovere water. Mabel
de Caldecotes, first finder, absent and not attached : so to
judgment as to the Coroner and as to Adam de Kellet,
chief Serjeant, who ought to have attached her.
Agnes daughter of William de Elhale has appealed
Jordan son of HameKn of rape.
Agnes comes not; sureties, William son of William Brun of Elhal and
William son of Walter de Elhal. Jordan absent; attached by Walter
son of Qodith de Elhal and Gilbert Milnesheghe of Elhal.
Simon Haliday suspected of the death of Alan son
of Roger de Karlton comes and stands his trial.
The jury and 4 yills acquit him ; Adam de Houton gives 5 marks
for the said Simon to have a gqod enquiry ; surety, Matthew de Redeman.
Io6 LANCASHIRE ASSIZE ROLLS.
Wrongdoers unknown broke into the house of Robert
Parson of Clacton. Robert comes not, and the jury
witness that he is dead, but no essoin of death ; so
sureties fined, Adam Gemet and John de Erghum. The
vill of Clacton did not pursue, so fined.
John de Quixeley killed Edward de Kellet in the
vill of Kellet, and fled.
Outlawed ; chattels 34s., for which the Prior of the Hospital of
S. John of Jerusalem to answer. The vill of Kellet did not take him,
so fined. Later it appears that Geoffrey Clerk of Wytingham, then
bailiff, had the chattels in his charge and delivered them to the said
Hospitallers without warrant; so to judgment.
Matilda who was wife of Henry de Forton has appealed
Alan Fulinard of the death of the said Henry.
Alan is outlawed, no chattels. The jury say that no other person
is suspected of the said death.
Sibilla daughter of Hugh le Tunewrith has appealed
William son of Hugh le Forester, that he, on Saturday
next before Pentecost about the hour of vespers, caught
her in his arms on Elhal road and carried her to his
house and forcibly raped her.
William comes and denies the charge, and puts himself on the
Country whether the Justices consider the suit is reasonable. It is proved
by the Coroners' rolls that Sibilla did not raise hue and cry and that she
has appealed William elsewhere. The Court considers that there is no
appeal by which he should be put to law except for breach of peace ; of
this the jury acquit him. Sibilla to prison for false appeal, and she is
poor.
Gilbert son of Adam de Ireby has appealed William
son of Uthred de Bretlaund (deceased) of the death of
Alan his brother.
Gilbert now comes not ; sureties, Adam son of Adam de Irebi and William
son of Gilbert.
Walter nephew of Simon de Kyrkelay was drowned
from a horse in Kenet water. Simon de Kyrkelay, first
30-31 HENRY III. 107
finder, comes not and was attached by Thomas Barfot
of Barf at {erased) of Lancastre and Roger Smith of
Lancastre. Verdict, misadventure. The Jury witness that
the horse also was drowned, value of hide 3d., for
which, etc.
Simon son of Godith was drowned from a horse in
Leuene water; Godith his mother first found him.
Verdict, misadventure ; value of horse 4s. And 1 2 jurors
concealed the said horse, so fined.
Wapentake of Lonnesdale continued. m, 24.
Hamo son of Philip was drowned from a horse in
Lone water; John son of Robert le Passur first finder.
Verdict, misadventure ; value of horse los. The jury
witness that he was found stripped of all his clothes
(jpannis) and things ; and that John Makeles of Horneby,
William Hyrdman of Horneby, Sander le Pcircur of Horneby
and William de Weiiitton stripped the said Hamo of his
said things, so to be taken ; and to judgment as to
Adam de Kellet, serjeant, for not attaching them. Later
comes William de Kyrketon, constable of Horneby, and
pays 2 marks fine for John Makeles and the others ;
sureties, Richard de Berewyk and Adam Gemet.
John son of Thomas de Barscales was drowned from
a horse in Levene water, and was not found. Verdict,
misadventure ; value of horse 3s.
John de Uuerton has appealed Adam de Middelton of
assault and robbery.
Adam asks for judgment as neither day nor hour is named etc.,
and it is decided that the appeal is void, and John is fined for false
claim; and as to breach of peace, the jury say that Adam beat John,
so he is fined ; but Adam took nothing from John, so John is fined for
false claim.
I08 LANCASHIRE ASSIZE ROLLS.
The same John appeals Adani son of Uthred, William
son of Simon de Middelton, Robert son of Syward de Eton
and Richard Smith of Eton, of force.
All are convicted, and to prison.
Later, the said John de Uuerton makes fine 40s. for himself, Robert
son of Syward and Richard Smith ; sureties, Adam son of John de Ouerton,
Thomas Tupe, William son of Hugh and Robert son of Richard.
Later, Adam de Middelton comes and makes fine 409. for himself,
Adam son of Uthred and William son of Simon de Middelton ; sureties,
Richard de Burgh and William de Burgh.
Thomas le Messager has appealed Geoffrey Chaplain of
Bothelton of assault.
Thomas now comes not; sureties, William de Ireland (Hyhernia) and
John le Porter of Lancastre. Geoffrey found guilty. Later Geoffrey pays
20S. fine; sureties, Roger de Burgh and Ralph de Bouelton.
Roger de Sellerdale has appealed William son of William
son of Eda of the death of Matilda his wife.
William is absent : Roger is told to proceed to outlawry against him.
Henry son of William de Burgh has appealed Richard
son of Gille de Castelton of assault.
Richard is absent : Henry is told to proceed etc.
Agnes daughter of Roger de Erghum has appealed
William son of Swayn of rape.
William is absent and was attached by Geoffrey de Clacton and
William son of Gerard de Clacton; Agnes is told to proceed, etc.
Of M. the Sheriff, for chattels of John son of Robert
de Burton who killed Adam his brother in co, Westmor-
land, I mark.
Of the same for chattels of Ralph Smith and Richard
his brother, harmed at Burton co. York, 3s.
Of the same for the chattels of Adam son of Hilda,
hanged at Northampton, 8 marks.
Of Boys (Va/eUis) and Maidens who are in the King's
custody: — they say that John son and heir of Walter
30-31 HENRY III. 109
de Tatham is in custody of the King; and John le
Fraunceys holds his land for the King, and it is worth
yearly 20 pounds. So for report.
Of Ladies: — ^they say that Margaret Countess of Kent
is in the King's gift and marriageable, and her lands in
that county are worth yearly 35 pounds. And Margery late
wife of John de Katon is so likewise, and her land in
that county is worth yearly J mark. Also Juliana late
wife of Vivian de Hesham, and her land is worth yearly
40s. Also Godith de Kellet, and her land is worth yearly
50s. Also Katherine late wife of William de Kellet, and
she has married William son of William de Tunstal, by
what warrant is unknown ; so for report.
Later comes the said William and pays 2 marks fine ;
surety, John de Chauncefeud : and be it known that William
de Lancastre, then sheriff, took from the said William
4 marks, for which he should answer.
Also be it remembered that the said William de Lan-
castre took from men elsewhere indicted 17 pounds, that
they might return to the King^s peace.
They present that Alice late wife of William le Blund
is likewise in the King's gift, and marriageable, and her
lands are worth yearly 1 2d. ; so for report.
Of Churches : — they say that the church of Tatham
is in the King's gift by reason of the custody of the
heir of Walter de Tatham, and it is worth yearly 10 pounds,
and Richcird Ingeram holds it for the King.
Of Serjeanties : — ^they say that Roger Gernet of Halton
holds 3 carucates in demesne and 5 in service in Halton
and Lek by Serjeanty as Keeper of the King's forests in
that county; worth yearly 7 pounds. And Adam de Kellet
holds 3 carucates in Kellet by Serjeanty as Keeper of
that Wapentake ; and he shall have in the liberty of
Fomess one serjeant mounted and one on foot, and in
no LANCASHIRE ASSIZE ROLLS.
the body of the Wapentake two mounted and two on foot,
and his land is worth yearly 5 pounds. And Roger de Hesam
holds 2 carucates in Hesham by Serjeanty of sounding
his horn when the King enters that county and when
the King goes out of that county, worth yearly 4 pounds.
And John de Ouelton holds i carucate by name of Reeve
{j>raepositus\ of which he holds 2 oxgangs in demesne,
worth yearly los., and 2 oxgangs have been taken
into the King's hands because he had enfeoffed others,
worth yearly los. And John de Oxecliue holds one caru-
cate by service of making carpentry in Lancastre Castle
when needed, and he to have his food or a penny a
day; out of which he holds in demesne 6 oxgangs, and
2 oxgangs have been taken into the King's hand because
he has enfeoffed others, and the land is worth yearly
30s. For report.
m. 24. dor so Wapentake of Lonnesdale continued.
Of Serjeanties: — ^they say that William de Paries holds
one carucate in Thornholm by service of making the King's
larder in Lancastre castle, out of which he pays yearly
3 s. I id. to the King when he does not do that service;
and the land is worth yearly 403. And Ralph de Bolrun
holds one carucate by service of doing rough masonry
(faciendi cementarium) in Lancastre Castle, out of which
he pays a yearly rent of Ss. when he does not work in
the Castle ; and the land is worth yearly 20s. And
Ralph de Kellet holds 2 oxgangs in Sline, which used
to find one carpenter in Lancastre Castle but now pays
8s. rent yearly ; and also he ought to harrow one acre
of land in the King's fields and mow with 8 men one
day in autumn and to have everything at the board {ad
cibum) of the King; and the land is worth yearly los.
And Robert son of Roger held one carucate in Skerton
by name of Reeve; and it is now escheat of the
30-31 HgNRY III. Ill
King and in his own hand, and is worth yearly 15s.
And John le Blund holds 10 acres by service of carpentry
at Lancastre Castle and he shall have as above; and
his land is worth yearly 5 s. And William le Gardiner
holds 7 acres and a garden by service of finding pot-
herbs and leeks {plera et porectas) for the kitchen of
Lancastre Castle, and now he pays yearly 5 s. ; and the
land is worth yearly Ss. And Walter le Rus and Alice
late wife of William Tynctor hold 12 acres in Eggefeld
by service of repairing the ironwork of the King's ploughs
(ferramenta ad carrucas), and now pay yearly Ss. ; and
the land is worth yearly \ mark And Thomas de Gres-
singham holds 6 oxgangs of land and Thomas his nephew
(nepos suus) i oxgang in the vill of Gressingham by
service of forestry as the King's gamekeepers in Wyres-
dale ; and the land is worth yearly 40s. For report.
Of wine sold : — they say that Robert de Wath and
Peter Reeve of /Daliton have sold wine contrary to assize
in Dalton, so fined.
Of defaults : — ^William de Lancastre, Margery Countess
of Kent, William son of William de Kertmel, the Abbot
of Croxton, the Prior of Kertmel, William de Couentre,
Thomas de Hothweit, Augustine Miller of Kellet , Richard
de Quixelay and Gilbert son of Adam de Berewik came
not on the first day of pleas, so fined.
Of wreck of sea: — ^they say that a cask of wine
stranded on the sands (sabulones) of Kent, and Matthew
de Redeman itook it to Lancaster Castle. For report.
The Jury say that John Fillecunte caught Ducke Duy
with a stolen ox, boimd him and took him towards Lan-
castre, and allowed him to escape for 3s. which Ducke
gave him,
I
112 LANCASHIRE ASSIZE ROLLS.
The same John caught a robber with a stolen wether
(multone), bound him and took him towards Lancastre,
and allowed him to go away for 2s. which he gave him.
The same John took Richard Dailwrunt while thieving,
took 5s. from him and let him go. So he is taken and
to judgment as to Adam de Kellet whose serjeant he
was. Later John pays fine 40s. ; sureties, Ralph de Bodelton,
Adam de Bouelton, John de Oxecliue and Thomas son of
John de Gersingham.
The Jury say that Robert Cokelberd and other Bedelli
of Master John Romain, Archdeacon of Richmond, wrong-
fully took dues {garbas) in Autumn, wool and flax, sheep
and lambs, poultry and pence, butter, milk and cheese, to
the damage and destruction of the whole country. For
report. Later Robert Cokelberd pays 20s. fine ; sureties,
Adam de Kellet, Geoffrey Clerk and Walter son of Hugh.
Of persons indicted : — Alexander Horn, Richard Ireland,
Hugh son of Richard, William le Stubbore, Richard lUeman,
Hamo Sutor of Gresemere, Richard Fisher, one William of
the Bishopric of Durham, William son of Roger son of
the Chaplain, Jordan son of Bernard, Jordan son of Richard,
Gilbert Dun, Canne son of William de Slene, Geoffry Ganth,
Gille de Halton, Walter de Killington and Roger Scoticus
are all thieves and wrongdoers, and come not; so exigent
and outlawed : chattels, Richard de Ireland 14s. ; Jordan son
of Richard los. ; Gille de Halton 12s. gd. ; the rest nothing.
The Jury present that that Wapentake is worth yearly
IOCS.
m. 2j. The Town (villata) of Lancastre comes by xii.
Of Roger son of Fulk, Walter son of John and their
fellow jurofrs for Iheir fine before Judgment, iocs.
Qf the Town of Lancastre for fine before Judgment
30-31 HENRY III. 113
Matilda who was wife of Henry de Hyndelay has
appealed Hugh Forester of Haunnes of the death of
the said Henry.
Hugh is outlawed ; chattels i mark, and land of which the King's
year etc., i mark for which the Prior of Ookerham, chief lord of
the fee, answers.
William son of Williajn son of Eda wounded Matilda
late wife of Roger de Sellerdale with a knife (kniplo) and
she died.
William fled, and is of ill repute, so outlawed; chattels i mark.
The Jury present that the Abbot and Monks of Sees
hold the Church of Lancastre by gift of the King's
ancestors, and ought to find a chaplain to celebrate
divine service in Lancastre Castle. For report.
Of escheats: — Thomas de Coupmanwra holds one
burgage in Lancastre, which was escheat of the King
by Robert de Creppinges the King's Escheat or ; yearly
rent J mark, and it is worth as much.
Of cloth sold: — Roger son-in-law of Languse, Brun
brother of Nigell and Roger son of* Vivien sold cloth
{pannos) contrary to assize in Lancastre ; so fined.
The Jury of Lonnesdal Wappentak say that the
Burgesses of Lancastre took a man, HuUe de Elhale by
name, with the mainour (cum manu opere) in thfe Town of
Lancastre and hanged him without Coroner and without
Sheriff, by judgment of their own court. Upon this
come the said Burgesses and say that they have such
liberties in their Town as the burgesses of Northampton
have in their Town, and they produce the King's charter
which bears witness to this. For report.
Martin le Irreys, his fine to return to the King's peace
and to find sureties of standing aright if any would plead
against him, 2 marks ; sureties, Wydo son of Gerard
and Nicholas brother of Martin.
114 LANCASHIRE ASSIZE ROLLS.
William le Blund, his fine for the same, 20s. ; sureties,
Alexander de Normanwait and Elias de Sinderlaund.
John de Mortwayt, for the same, i mark ; sureties,
Roger Renglas and Thomas de Irton.
John son of Matilda de Mulecastre, for the same,
I mark; sureties, Richard brother of the said John and
Ranulph de Selecroft.
Adam son of Stephen Clerk, for the same, i mark;
sureties, the said Stephen and Reginald de Morton.
Adajn Gilenichel, for the same, 20s. ; sureties, Simon
le Plimier and Alexander de Tympanron.
Richard de Normantwait, for the same, i mark ;
sureties, Alexander de Normantwait and Peter de Eyncurt.
Hugh son of John de Marisco, for the same, 20s. ;
sureties, John his father and John de Kendal.
William Colin, for the same, ^ mark; sureties, Uthred
de Loutwayt and Reginald le Foyer.
Nicholas Pestel, for the same, 20s. ; sureties, Ralph
de Frisinton and William le Noble.
Agnes de Arscow, for the same, i mark ; sureties,
Roger de Arscowe and Hugh de Arscowe.
Ralph son of Gamel, for the same, 20s. ; sureties,
Alan de Tinpanok and Michael son of Christian. •
Richard son of Henry de Smatwayt, for the same,
I mark; sureties, Michael de Curtenay and Henry de
Smetwayt.
Adam Frere, for the same, i mark ; surety, Roger de
Distington.
Adam son of John de Galeway, for the same, i mark ;
sureties, Alexander de Timparon and Walter de Arkelby.
John son of William de Coupland^ for the same,
I mark; sureties, Thomas son of Syward and William
son of Julliana.
JuUiana de StubhuU, for the same, i mark ; sureties,
Robert Specin and William de Stubhull.
William son of Duraunt, for the same, i mark ;
sureties, Germain de Irton and Henry Carpenter.
30-31 HENRY III. 115
[Blank] ^- "-5 ''^^^"•
The Jury of the Wapentake of Laylaundshyre present m. 26.
that Lonard Brantschyne, Gilbert son of Lanard, Dogge son
of Ythel, Ivo le Bagger, Dike del Filde, Thomas son of
William de Cleyton and Peter de WithenhuU, indicted before
the Justices last in Eyre, found sureties to come before
the now Justices to stand aright etc., and come not.
Sureties fined, viz : — of Lanard, Adam de Bradeschales,
Henry his brother, Warin son of Hugh, Dobbe and Adecok
sons of Swayn de Halueston, Dobbe de Aula of Anderton
and John de Rachecok : of Gilbert, Henry Wasse, Robert
son of Hugh de Croft, Adam de Blakerode and Hugh
de Alueston : of Dogge, Richard son of Ythel, Hugh son
of Ythel, Henry his brother and John son of Alsi: of
Ivo, Thomas brother of Ivo, Elias son of Leweke de
Rouington, William son of Ivo de Rouington, Roger de
Longetre and Hugh son of Blenin : of Dike del Filde,
William son of Alditha, Richard de Thorp, John his son,
Henry son of Gamel de Bretherton and Hull son of
Magge;: of Thomas, William his father, Patrick de Clayton,
William his brother, Adam del Kar of Samelesbiri and
John son of Robert : of Peter, Richard de Allerton, Alan
de West Legh, Gilbert de Welton and Thomas de
Wythenhull.
The Jury of the Wapentake of Salfordschyre present
that Thomas de Luselegh, Jordan de Wytewurthe, Adam
de Hocton, Dobbe de Hocton, Roger de Salinghurst,
Simon de Fasteswurth, Dike son of Maddok, Dande de
Leuer, Roger de Gateley, Hugh de Goldbume, Adam de
SinhuU, Gilbert Clerk of Shafteswurth, William son of
Ythayn, Richard son of Margery de Crumpton, Steyne
de Holton, Roger Deacon, Alecok de Totington, Brunt
Junt, Dobbe son of Margery de Crumpton, Richard son
of Adam son of Thorold and Simon de Quintefeld, in-
dicted before the Justices last in Eyre, found sureties
etc., etc., and come not
Il6 LANCASHIRE ASSIZE ROLLS.
Sureties fined, viz. : — of Thomas, Adam de Heyuuode,
Richard Reeve (j>raepo situs) of Salford, Gilbert Urdi and
Hugh de Lungewiuth : of Jordan, Ranulph his son, Henry
de Timwaleclif, Henry son of Akemone, and John Lenginur :
of Adam, Richard de Rumewiuth, Matthew de Hocton, John
de Leuer and Alexander de Tonge : of Dobbe, Alexander de
Akinbothun, William de Hocton, Adam de Hulton and
Ranulph de Farenwurth : of Roger, Uthred de Whereford,
Williajn de Bradesaghe, Roger de parva Bothelton [erased]
(has nothing), Augustine son of Durand {erased] (dead), Hugh
brother of the said Roger and Robert de Buri [erased] (has
nothing) : of Simon, Williajn his father, Robert his son
in law, Adam son of Orm [erased] (has nothing), Richard
his brother and Roger de Bothelton [erased] (has nothing) :
of Dike, Jordan son of Robert de Wudese of Penilton,
Thomas son of Robert de Kershale, Thomas, Robert and
William, sons of Maddok and Maddock de Halketon : of
Dande de Leuer, Elias son of Gene, William son of
Matthew, Richard de Leuer ^ Adam son of Matthew de
Harewod [erased] (have nothing) and Elias son of Henry
de Farenwurth: of Roger de Gatele, Richard his son
[erased^ (is beheaded), Elias de Gatele, Robert Clerk of
Halghton, William son of John de Scharples, Hugh son
of Blenin, William son of Blenin and Richard son of
Elias de Bouington : of Hugh, Maddock de Halghton,
Hugh de Hadburgham, Gilbert de Goldburn, Hugh and
William sons of Blenin de Halghton : of Adam de
Sinhull, Robert son of Mary [erased^ (dead), Thomas his
brother [erased] (dead), Elias son of Henry and Robert
de Wyrkithele : of Gilbert Clerk, Roger de Haliwell
[erased] (fled), Richard de Rumwurth, Hugh de Hoghton
and Ralph de Farenwurth : of William, Richard son of
Ythel de Hulton, Richard son of Ythayn, Roger son of
Dolfin and Robert son of Richard: of Richard son of
Margery, Thomas le Muner of Trafford, Jordan and
Robert brothers of Richard de Trafford, Henry son of
Alsi de Trafford: of Steyn, John Reeve (praepositus)
30-31 HENRY III. 117
of Redinall, Roger de Helton, William son of Dolfin
and Matthew son of Amaria de Buri : of Roger Deacon,
John de Greacris and Adam son of Orm de Hahulm:
of Alecok, Alecok de Langele, William son of Eve de
Tptington, William son of Agnes the widow and William
son of Ralph de Kyrkedale : of Brunt, Uthred le Lewet,
Thomas son, of Agnes de Hindelay, Uthred de Wyn-
stanesle and Robert son of Robert de Hindele : of
Dobbe, Brun his brother and Jordan his brother: of
Richard son of Adam, Adam his father [erased] (dead),
Thoraldus [erased] (dead), Luuecok Schayfe [erased] (fled)
and Judde Rampe : of Simon de Wythefeld, Jordan
Tybothe, William son of Richard de Crompton, Peter de
Althume [erased] (dead) and William son of Robert
Skayf [erased'] (fled).
The Jury of the Wapentake of Derebyschyre present tw. 26 dor a
that William son of Ralph de Bedeford, Roger son of
Orm, Simon Uttinge, Richard brother of Matthew le
Bolde, Colbus de Melling, Bimme de Mulinaus, Henry
del Pek, Henry de Northcroft, Vivian de Welwemore
Roger de Welwemore, Sauasin de Par, Grifin del
Ruding, Thomas Bule, Roger le Pilur, Dobbe de Merk-
lokhurst. Dike le Pilur, Dobbe son of Cecily, John de
Merklok, Richard son of Robert de Wllemore, Robert de
Brockolhurst, Robert son of Cecily, Hobekin son of
Nicholas, Richard son of Adam son of Ingelard, Dike
le fiz Ulf and Adecok Kay, indicted before the Justices
last in Eyre found sureties etc., but come not.
Sureties fined, viz.: — of William son of Ralph, Ralph
his father [erased] (dead), Hugh Smith of Tiddesle [erased]
(has nothing), Roger de Brithsmete, Thomas de Hulm
of Salford, Robert son of Herbert, Hamo de Bedeford
and Elias de Bedeford: of Roger son of Orm, Alcin son
of Hudde de Pesefurianig, Augustine his brother, Geoffrey
son of Orm and Henry Smith: of Simon, Henry de
Herefalling, William de Reynford son of Ranulph [erased]
Il8 LANCASHIRE ASSIZE ROLLS.
(dead), William son of Ralph Cythariste, John son of
Beatrix de Reynford : of Richard, Dande son of Richard
de Dithon, Henry Otsiteheued, Robert le Mercer, John
son of Ranulph de Bolde, Richard de Northale and
Richard son of Award de Crosseby : of Colbes, Thomas
son of Albert de la Qoucque, Richard son of Adam de
Dithon, Jordan de Holaund, Thomas and Richard brothers
of Colbes : of Bimme, Simon his father, Henry son of
Richard de Melling, Bartholomew de Borestok, Henry
son of Simon de Cuschoteheued : of Henry Pek, Richard
and Hull his brothers, Henry son of William and Henry
son of Edrith: of Richard de Northcroft, Henry de
Cunnescok, Roger de Cunnescok, Adam son of William
de Northcroft and Simon son of Roger de Ruthand : of
Vivian, Roger de Hurlton, Richard brother of Bartholomew
de Borestok, Augustine de Taneletford and Gilbert de
Wulwemore : of Sauasiun, Alexander son of William de
Wyndhull, Dike son of Richard Haversegge, Roger son
of Adam de Par and Henry son of Ralph de Par : of
Griffin de Ruding, Alexander de Crulle, Brun de Eccles-
ton and Roger de Birkes : of Thomas Bule, Richard son
of Award de Ayntre, William [son] of Godith de Lithef-
laund, Roger son of Richard de Skermerdale, and Henry
son of Adam [erased] Alan de Holaund : of Roger
le Pilur, Richard son of Geoffrey de Acton, Roger le
Waleys (W(i/enszs) of Litherlaund and Richard le Pilur :
of Dobbe de Merklekhirste, Richard son of Alwyn de
Skyrmerdale, Henry son of Dobbe de Dalton, William
son of Dobbe de Dalton and Gilbert Smith : of Dike
le Pilur, Richard de Acton, Roger de Litherlaund and
Roger brother of the said Dike : of Dobbe son of Cecily,
Simon de Holecroft, Geoffrey son of Orm de Culchyt,
Roger son of Richard de Culchyt and Dogg son of Orm
de Culchyt: of John de Merklok, Richard Quithaund,
William his brother, Walter de Greteby and Richard de
Wahsemore : of Richard son of Robert, Richard de Welshe-
more, Richard Wytthend, Walter de Greteby and Richard
30-31 HENRY III. 119
Osebert : of Robert de Brokholhurst, Roger son of Gunyld
de Lathum^ Adam son of Mary, Richard son of Ralph
de Welshmore, and Henry de Waletonley: of Robert
son of Cecily, Adam de Waterfalclegges, Dobbe de Mer-
cleghurst, Henry son of Philip and Thomas de EUerbek :
of Hobekinn, Dike son of Adam de Ditgthon, Richard
Miller, John son of Nicholas, William de Eccleshull and
Hudde de Fayrwayt : of Richard son of Adam, Dike
de Rughthwayt, Adam de Northcroft, Bernard de Melling
and Richard de Northcroft : of Dike son of Ulf, Thomas
his brother, Alan his brother, William Reeve of Knou-
wesley and Gilbert de Knouwesley|: of Adecok, Robert
del Cleg of Baylay, Richard son of Richard de Grene-
hurst, Walter de Baylay, Jordan and Ralph his sons.
The Jury of the Wapentake of Makefeud present that
Alecok de Wygayn, Henry Clerk of Legh, Maddok son
of Joanas, Richard son of Godith de Orul and Dobbe
son of Joanas, indicted before the Justices at the other
Eyre, etc., found sureties etc., and come not.
Sureties fined, viz.: — of Alekok, John son of Benedict
de Wygain, Syward son of Orm, Leysing son of William
and Richard son of Henry de Wygain : of Henry, Henry
de Hindele and William Clerk of Hindele : of Maddok,
Henry son of Wrenou, Thomas son of Yowayn de
Bulling, Perot his brother, Thomas son of Uthred de
Bulling, Dike son of Yarwyt de Wynstanelay and Adam
de Wynstaneley: of Richard son of Godith, William son
of William de Orul, John sop of Adam de Orul, Richard
de Quitelawe. Henry son of Robert de Orul and Richard
son of Thomas de Pemberton : of Dike (sic\ Yarewyt de
Litherlaund, Thomas son of Joanas de Windul, William
Clerk, Adam son of Leysing, William his brother and
William son of William de Windul.
120 LANCASHIRE ASSIZE ROLLS.
40 f&enrg ffi.
assizes taken at lancaster on the octave of
Holy Trinity in the fortieth year of the
REIGN OF King Henry son of King John [18 June
1256] BEFORE JQHN, AbBOT OF PETERBOROUGH, ROGER
DE Thurkelby, Nicholas de Hadlon and John de
Wyvyle, Justices in Eyre.
No Roll is now known to exist. See Lancashire Fines y pp. 1 18-129,
for 20 Fines made at this Eyre on June i8th and 25th and July ist.
In the Pipe Roll for 41 Henry HI, the Sheriff pays into the Treasury
or otherwise accounts for £^S^ ^7s« lod., the Amercements at this
Eyre.
1255-6, February 20. Wodestok. Writ to the Archbishops, etc., and
others of the Counties of Northumberland, Cumberland, Westmorland
and Lancastre, notifying the appointment of the Abbot of Peterborough
(Burgo 8. Petri), Roger de Thurkelby, Nicholas de Hadlon and John de
Wyvyle as Justices in Eyre for this turn, to take all Pleas in the
said Counties. Patent Boll, 40 Henry III^ m. 15 dorso.
For the Northumberland Assize RoU of this Eyre, see Surtees
Society, voL 88. The Justices commenced their Eyre at Newcastle on
the morrow of the Close of Easter [24 April 1256] and were at
Carlisle on the morrow of Ascension Day [27 May].
42 ©mtg HI.
A SSIZE TAKEN AT CLYDEROWE ON THE OCTAVE OF
Holy Trinity in the year of Grace 1258
[26 May 42 Henry III.] before Peter de Percy,
Justice assigned.
This is a special Assize, taken by virtue of a commission to
Peter de Percy, dated Westminster 24 October 1257. Patent Boll,
42 Henry III, m. 2 dorso.
The details of the case are preserved in the Kirksfall CovcJier Book
and are here abstracted. Thoreshy Society, vol. viii, p. 21.
46 HENRY III. 121
Nuisance — The Abbot of Kyrkestall v. Alexander
Brunside, Walter Carper, Thomas Bolax, Gilbert son of
Richard, Thomas son of John, William son of Alexander,
Adam his brother, Adam de Fildeford and Roger del
Bonric re a hedge demolished in Akerynton, 300 perches in
length.
Gilbert was attached by Richard le Redder of Haselindene and
William son of Huche ; Thomas Bolax, by Qeppe son of Hugh de
Areston and William son of Alexander de Haselindene. The other
defendants appear and say that the hedge was on their common pasture.
Verdict for plaintiff, with Judgment.
46 l^enrg III.
A SSIZES TAKEN AT LANCASTER ON THE OCTAVE OF
^ THE Purification of the Blessed Virgin in
THE forty-sixth YEAR OF THE ReIGN OF KiNG HENRY
SON OF King John [9 February 1261-2] before
Walter de Helyon, John de Oketon, Peter de
Chester and William de Northburgh, Justices in
Eyre.
No Roll is now known to exist. See Lancashire FineSf pp. 133-142,
for 15 Fines made at this Eyre on February gth and i6th and
March 2nd. This Eyre is referred to on Assize Roll 1238, m. 31
and 405, m. 2 dorso, which see.
122
LANCASHIRE ASSIZE ROLLS.
assijE laoll 1X96. ffiibers Counties.
t. S.
iCanraistrc.
n. 5 dor so.
I^anradtre.
47 f&enrg HI.
PLEAS OF Divers Counties [taken at Gildeford
IN THE County of Surrey before Gilbert de
Preston] on the Morrow of the Purification of
THE Blessed Mary [in the forty-seventh year of
THE reign of King Henry son of King John].
[3 February 1262-3.]
Trespass — -Robert de Ferrers v. Robert son of Roger
Sonky, William son of Richard de Appelton, Hugh Dydo,
Thomas Stot, William Gegge, Adam son of Basill, Eneas
Chaplain, Roger de WuUouere, Pymme de Crusceby, William
Berkerhare, Roger de Staneworth, Gilbert de la Falle, Adam
Chaplain, Simon his- brother, Adecok Chaplain, Henry de
Houton, Henry Spe, John le Scalled, Richard Curteys,
Richard de Abburgham of Houton, Richard Chaplain of
Gerstan and Robert de Prestecote re entering his forest
between Ribble and Merse and taking game.
Plaintiff by his attorney complains that the defendants entered his
said forest and took and carried away his wild animals (feras) without
his leave and wish and against the peace. Defendants come not and
have made many defaults: the Sheriff was ordered to distrain on their
lands, etc., and to have them here this day, but has done nothing in the
matter nor sent the writ. Sheriff again ordered to distrain and to have
the defendants at Winchester on the Quinzaine of Easter [15 April
1263], and also the Sheriff to hear his Judgment.
Trespass — Robert de Ferrers v. Juliana de Assarto re
receiving wrongdoers.
Plaintiff says that Juliana received at her house Richard Barun and
Richard de Blake son of Adam de Knuesle who, at the Nativity of S. John
Baptist ao 45 [24 June 1261], entered his forest between Ryble and Merse
and took therein many wild animals which they carried away to her
house : and he claims for loss and damage 100 pounds.
Juliana denies (defendif) the injury and whatever is against the
peace, and says that never since Robert had seisin has she received any
S3 HENRY III. 123
wrongdoers in the said forest : and she asks a trial, and Robert likewise^
The Sheriff is ordered to enquire, and to have the Inquisition at Winchester
on the Quinzaine of Easter. Juliana puts in her place William son of
Adam or Walter Hok.
Later, at that day, the Sheriff sends the Inquisition, which says that
Juliana never, after that the said Earl [Robert de Ferrers] had seisin
of his lands, received any wrongdoers with game (venacione) taken in
the forest of the said Earl between Ribbel and Merse without leave and
wish of the said Earl. Judgment for defendant.
53 f^enru iM.
a ssizes taken at lancaster on the .... in
"^^ the fifty-third year of the reign of king
Henry son of King John [1268-9] before Gilbert
DE Preston, John le Bretun, Walter de Helyun
AND John de Oketon, Justices in Eyre.
There is no Lancashire roU for this Eyre. That for Northumberland
commenced at Newcastle on the 25 June 1269, 18 months after the writ
that follows was issued. It is quite possible that the Justices never
reached Lancaster, especially as we find other Justices in EjTe there in
1271 ; indeed, a note on the Northumberland roll (Surtees Society, vol. 88,
p. 188), indicates that the pleas at Leicester (whither the Justices pro-
ceeded from Newcastle), which should have been taken on the Octave
of S. Michael (6 October) were suspended by order of the King, most
probably to enable the Justices and others to be present at Westminster
at the Translation of the relics of Edward the Confessor, which took
place on the 13th October. Lancashire Lay Subsidies, p. 91.
1267, December 7. Clarendon. Writ to the Archbishops, etc. and
others of the Counties of Y'ork, Westmorland, Northumberland, Cumber-
land, Lancaster, Nottingham and Derby, Warwick and Leicester, Lincoln
and Rutland, notifying the appointment of Gilbert de Preston, John le
Bretun, Walter Helyun and John de Oketon as Justices in Eyre to take
Pleas this turn in the said Counties. Patent Roll, 52 Henry III, m. 33.
124 LANCASHIRE ASSIZE ROLLS.
^sgije Ifiloll X2X0. ©iberg Counties.
55 l^enis Mh
m. 7. A SSIZES TAKEN AT LaNCASTRE ON SUNDAY IN THE
x\ VIGILS OF S. Matthew the Apostle in the
FIFTY-FIFTH YEAR [OF THE REIGN OF KiNG HeNRY
son OF King John] [20TH September 1271] before
John de Cokefeld.
Novel disseisin — ^John de Burgh junior v. John de Burgh
senior and Walter de Rocheford re the manors of Mellinges
and Horneby &c. and lands there and in Wra, Wraton,
Wenigton, Ergum, Lochawe, Estrodes, Tunstall and
Cancefeud.
John de Burgh senior by Peter de Hunt ingef end his bailiff, for
himself and Walter, says that no action lies: for Hubert de Burgh, his
father, acquired the manors etc. with one Margaret his wife, to hold
to them and the heirs of their bodies ; and after the death of Hubert
Margaret held them all her life ; and after her death the said John
entered as son and heir of Hubert, in right of inheritance, and ever
hitherto has held the manor etc. ; and John de Burgh junior was never
in seisin so that he could be disseised. And . . .
[Case ends abruptly].
56 f^enrg ML
A SSIZES TAKEN AT LANCASTER ON THE MORROW OF
^ THE Feast of the Purification of the Blessed
Virgin in the year of Grace 1271 [3 February
1 271 -2, 56 Henry III] before Peter de Chester
AND HIS FELLOW JUSTICES IN EyRE.
No Roll is now know to exist. There is a direct reference to
this Eyre on Assize Roll 1265, m. 4, which see.
I EDWARD I. 125
'^ssiit EoU 1341. Btberg Counties.
This Roll, though placed among the Assize Rolls, would appear not
to belong to that series of records, but to the De Banco Rolls : it is a
duplicate of De Banco Roll No. 2, for Easter i Edward I., and contains
a few Lancashire entries here abstracted.
Although there was no regular Eyre this year in Lancashire, it is
evident that John de Oketon and Elias de Bekingham were busy taking
Assizes in the northern counties during this and the early part of the
following year. In the Patent Roll, i Edward /., these Justices are
appointed to take 24 Lancashire Assizes of Novel disseisin, Mort d' Ancestor
and Darein Presentment; and in the firsrt) months of the next regnal
year an even greater number of cases were specially assigned to them.
Apart from these, we find them sent practically on circuit in Lancashire
and neighbouring counties by the following order : —
1272, July 10. Westminster. Mandate to John de Oketon and Elias
de Bekingham in pursuance of their appointment by Patent as Justices
to take Assizes Juries and Recognitions arraigned before them in the
Counties of Nottingham, Derby, Lancaster, etc. Patent Roll, 1 Edward /.,
m. 10 dorso.
m. 5.
Writ of Right — ^Thoraas son of Elias Patter v. Ralph S'^^^^^^*'-*^
de Mitton re a messuage and 8 acres of land in Aghton.
Defendant comes not on the fourth day : the tenement seized into
the King's hand. Case adjourned to the Octave of S. John Baptist
[i July 1273].
m. 6, dors(^
Dower — -Matilda who was wife of Elias de Aghton v. I^anjcadtri
Ralph de Mitton re a third part of a messuage and 8
acres of land in Aghton, as dower.
Defendant comes not. Adjourned to the Octave of S. John Baptist
[i July].
m, 9, dorsL
Rape and Breach of Peace — ^Ameria daughter of John ICancaetri
de Bradel v. Walter de Bylington and Roger son of
Geoffrey de Bylington.
Defendants come not. The Sheriff was ordered to make them appear
but did nothing except take sureties, Humfrey de Bylyngton and Gilbert
Sutor of Bylyngton ; so they are fined. The Sheriff to distrain and
have them here on the Octave of S. Michael [6 October]. The Sheriff
says that Roger is not found in his bailiwick. Writ of exigent, and to
be outlawed if he comes not; and if he comes, then the Sheriff to have
him here on the Octave of S. Michael.
126 LANCASHIRE ASSIZE ROLLS.
Of the Quinzaine of Easter [2j April 12^3] continued.
77t. 14, dor SO ^
ICauraetre. Covenant — Thomas son of Alexander le Spicer v, Peter
son of Adam de Hulme re covenant made between Peter
and Alexander father of Thomas, his heir, as to 2 oxgangs
in Burton.
Defendant comes not. Adjourned to th© Octave of S. Michael
[6 October].
IJanrastre. Novel disseisin — The Prior of the Hospital of S. John
of Jerusalem in England v. John son of John de Gilberd-
desholm re a messuage and 9 acres of land in Catton.
Defendant comes not; the tenement seized into the King's hand.
Adjourned to the Quinzaine of S. John Baptist [8 July].
7W. 18, dor so,
ICanraetre. Detention of Chattels — ^Alice daughter of Adam son of
Roger la Persone of Blakeburne v. Richard son of Robert
son of Gerard de Clayton, Adam de Parys, Robert de
Plesyngton, Michael le Serjaunt, Peter de Sandon and
John le Bedel re chattels to value of 12 marks wrongly
detained.
Detention of Chattels and Assault — ^Same v, Adam de
Parys, Robert de Plesyngton and Michael le Serjaunt re
chattels to value of lOOs., and that when the King (father
of the now King) took her and her men, land, things,
rents and all her belongings, into his defence and protec-
tion, the said Peter and John assaulted her at Salebyri,
beat, wounded and maltreated her and committed other
enormities, doing damage to the extent of 20 marks, in
open contempt of the said King.
Defendants come not, and their sureties are in default. Writ of Capicu ;
adjourned to the Octave of S. John Baptist [i July].
m. 21, dorso.
S^itcaetrc. Customs and Services — Robert de Vilers v. Alice wife
of Peter de Burghhill re services due from Alice and Peter
I EDWARD I. 127
for freehold held of plaintiff in Wyndhill, as in arrears of
rent, reliefs, &c.
Defendant comes not. Her sureties, Roger de Leye of Wyndhill,
Thomas son of Nesta de Wyndhill, Richard son of Perot de Cleremerdall and
Adam de Celario of Cleremerdall, fined. Defendant t^ be here in three
weeks from Easter [30 April].
m. 23.
Receipt of Homage — Laurence son of Richard v. William IPaujcaetre.
de Lyndeseye re homage and relief for tenement held of
defendant irx.Ulveston.
Defendant comes not; attached to be here on the Quinzaine of Holy
Trinity [4 June 1273].
Boundaries — ^John son of William, essoin of Alice
daughter of Ranulph de Salebyry, and Thomas Fin, essoin
of Agnes her sister v. Adam de Wypsire, Beatrix his wife,
Adam son of Henry, Gilbert de Wypsire and Walter de
Bradel re making reasonable bounds between the lands
of Alice and Agnes, Adam son of Gilbert, William son of
Syward, Thomas le Someter and Diana his wife in Salebiry
and the land of the said Adam, Beatrix and others.
Defendants come not. The Sheriff was told to make them come on
this day; and he ordered that John son of Gilbert Miller and Dobbe son
of Adam be sureties for Adam ; William de Wodestall and Dobbe de Horton,
for Adam son of Henry; Michael his son and Richard son of Alexander,
for Gilbert; Humfrey de BiUington and Gilbert Sutor of Billington, for
Gilbert \sic\ The Sheriff to distrain, and have them here on the Quinzaine
of S. Michael [13 October].
m. 26 1 dor so.
Darrein Presentment — ^Nicholas de la Hose v. the Abbot ICanragtre.
of Shrewsbury re presentation of a fit parson to the
church of Waleton, which is vacant and in plaintiff's
special gift.
The Abbot comes and Nicholas grants to him for this turn his right
of presentation to the said church, saving to himself his rights if he
wish to plead thereon elsewhere. So the Abbot has a writ to the
Bishop of Coventry and Lichefield, that, notwithstanding the claim of the
said Nicholas to the said presentation, the Abbot may this turn admit a
fit parson to the said church.
128 LANCASHIRE ASSIZE ROLLS.
3 (ffiftitoart !•
A SSIZES TAKEN AT WHITTINGTON BEFORE GWYCHARD
DE Charrun and William de Northburgh on
THE .... IN THE THIRD YEAR OF THE REIGN
OF King Edward [1274-5].
The Boll of Assizes taken by these Justices assigned to the County
of Lancaster is not known now to exist, but it is clear, fiom an entry on
Assize Boll 1235, m. 12 (which see), that Charmn and Northburgh took
Assizes at Whittington in the above year. In the latter part of
2 Edward I, numerous Assizes in this County were specially assigned to
them, and the following entries from the Patent BoUs give the limits
of Charrun's employment on this service.
1274 .... Westminster. Gwichard de Charrun and William de
Northburgh are appointed to take the Assizes and Attaints which stiU
remain to be taken before the King's Justices appointed to take Assizes
and Attaints in the Counties of Nottingham, Derby, Lancaster, Cumber-
land, Westmorland, Northumberland and Lincoln. Parent RoH, 2 Edward /,
m. 3, dor so.
1275, November 24. Tower of London. John de Beigate, in place of
Guischard de Charrun who cannot attend because of other business,
appointed to take Assizes, Certifications and Attaints in the Comities of
Nottingham, Derby, Lincoln, York, Lancaster, Northumberland, Cumberland
and Westmorland, with William de Northburgh. Patent Roily 4 Edward J,
m. 36 dorso.
4 EDWARD I. 129
asgtje Ifiloll, 405* £anca«f)ire.
4 (JBitoarli I.
PLEAS, Jury and Assize, taken at Lancaster on m. i
THE morrow of THE EXALTATION OF THE HOLY
Cross, in the fourth year of the reign of King
Edward [15 September 1276] before John de Rey-
GATE and William de Northburg.
Novel disseisin — ^John de Nerthall v, Peter de Wyndel,
Alice his wife, Roger de Molyneus, Agnes his wife, Richard
de Molineus, Simon de Reyghull, John son of Robert de
ReynhuU, Waryng de Clayton, William de Eggeworth,
Alan de Molyneus, Alan le fyz Wogon, William son of
William de Ellom, Henry le Harpur and Henry son of
William de Wyndehull r^ 12 acres of wood and 12 acres
of moor and heath in Sutton.
Richard, Alan, Alan and WiUiam son of William appear bj John
T^mpeste their bailiff; defendants say that the land is in Beynhull not in
Sutton. Verdict for plaintiff, John de Northhall, against all but Alice and
Agnes, with Judgment. Damages 2S. All to the clerks.
Novel disseisin — Thomas son of William de Alche v.
Richard son of Robert de Tounton and Margery de
Hache re a messuage and 12 acres in Paldenleye.
Defendants object that Pandeleye is not a viU or borough but a place
in Asheton field. Nonsuit, with leave to sue by another writ. Excused
fine on account of poverty.
Novel disseisin — Henry son of Patrick de Horesfeld v.
Andrew son of Patrick and Adam Dodeman re a moiety
of half an oxgang {\\ acre excepted) in Blackenworthe.
Andrew absent; sureties, Dande his brother and Adam de Schaneden.
Verdict for plaintiff, with Judgment. Damages los.
I30 LANCASHIRE ASSIZE ROLLS.
Novel disseisin — Adam de Upton v. William le Clerk
re land 3 feet wide by 40 feet long in Werynton.
Verdict for defendant, with Judgment.
Novel disseisin — ^William de Helye v. Thomas de
Salebyri, William de Clayton, Adam son of Alberd de
Salebyri and Richard de Hilton re common of pasture
in 5 acres of wood in Salebyri.
Defendants claim judgment, as Matilda and Djana, wives of Thomas
and William, in whose right thej hold, are not named in the writ.
Plaintiff permitted to withdraw the writ.
Novel disseisin — ^John son of John de Coppel v,
William de Wurthyncton and others re a tenement in
Coppel.
Plaintiff withdraws, sureties Hugh de Adlington and Hugh de
Hakynghaye.
Novel disseisin — Alexander de Bromhurst and Agnes
his wife v. John de Bromhurst re a messuage and two
parts of a croft in Barton.
Verdict for plaintiffs as to part of the messuage and a portion of
the croft, 2 roods long by from 2 to 3 feet wide, more or less;
Judgment accordingly. Damages i2d.
Novel disseisin — ^Adam de Glest v. Robert de Eccleston ;
re tenements in Eccleston.
Case struck out, Adam having died.
Novel disseisin — Robert de Eckles, Thomas son of
Robert, Margery de Newham, Richard her son and
Albarica de Swynton v. Geoffrey [le Byrun] and the Abbot
of Stanlowe re common of pasture in Swynton.
Plaintiffs have leave to withdraw writ.
Writ of JJtrum — ^Augustin de Wynewyk, Parson of
Wynwyk Church v, Thurstan de Hoylaunde re tenement
in Hulm.
Same v. William son of John, William le Clerk and
Katherine his wife re tenement in Hulm.
plaintiff gives ^ mark for leave to withdraw writs. '
4 EDWARD I. ;: I^I
"Novel disseisin — ^Richard de Halygton and Hawyse his
wife V. Thurstan de Hoylcinde and others re tenements
in Golbume.
Plaintiffs did not prosecute ; sureties, Thomas Godard and Biohard son
of Robert de Tunneleye.
Novel disseisin — William son of William de Preston wi. i dor so.
and Alienor his wife v. Henry de Longetre re a messuage
and 8 acres of land in Stanedisse.
Plaintiffs say that one Nicholas de Wygan enfeoffed them long before
his death. Defendant says that Nicholas held of him, since whose death
he has held the premises to the use of the heir, brother's son to Nicholas,
who is under age and in his ward. Verdict for defendant, of whom
Nicholas held the tenement on the day he died. Judgment accordingly.
Mort d^ Ancestor — ^Adam son of Richard de Berewyk, in
right of his father v, Alan de Coupelande re a toft and
60 acres of land in Quytinton.
Concord — ^Alan acknowledges the tenement to be the right of Adam
and his heirs, and surrenders it to him to hold of Alan and his heirs for
ever, paying yearly 2s., half at Easter and half at Michaelmas and doing
suit at Alan's mill at \hlanlc\y at the twenty fourth measure (ad vicesimum
quartum vas) of the corn (hladis) growing on- the said tenement for all
suits, services, etc.
Novel disseisin — Richard de Wulcroftheued v. Robert
de Eccleston, William de Grymmesdyk and Ralph de
Camynstre re destruction of a dyke in Eccleston,
15 perches long.
Plaintiff says that the dyke is on land recovered by him before the
Justices last in Eyre, and that his neighbours' cattle eat his com.
Defendants deny injuring the land so recovered, and say that plaintiff
appropriated and enclosed with a dyke part of the common pasture of
Wolfscroft, and that this dyke they have levelled. Verdict for defendants,
with Judgment.
Novel disseisin — ^Agnes who was wife of Henry de
Hendeley v. Jordan de Kynian, William de Sunky and
Robert his son re common of pasture in Kynian, in 16
acres of moor and pasture.
Jordan says that he, as chief lord of that fee, appropriated the
said common under the Statute of Merton, and that Agnes has sufficient
pasture. Verdict for' defendant, with Judgment. Plaintiff being poor,
no fine.
132 LANCASHIRE ASSIZE ROLLS.
Novel disseisin — Thurstan de Hoylaunde v. William de
Molineus, Rc^er de Molineus, Patrick de Haselwell, Nicholaa
his daughter, Alan le Norreys, Margery his wife and Henry
son of Cecily re lOO acres in Hale.
William, Roger and Alan come and Roger de Caldeye appears as
bailiff for tha others, and they say that 40 acres only are put in
view, and that the land is in Spek, not in Hale. ' Later Alan says
that he holds the fourth part of the land by gift of Patrick in free
marriage with Margery his wife, and that the injury done, if any, was
not by him. Verdict that Thurstan only put in view 60 acres, viz., 20
in Hale and 40 in Spek. Judgment for defendants, except as to the
20 acres in Hale which plaintiff recovers; damages los. «
Novel disseisin — ^Jordan de Dereby and Alice his wife
V. Nicholas de la Hose and others re common of pasture
in Waleton.
Plaintiffs did not prosecute ; sureties, Henry de Quike and Henry
de Bote.
Novel disseisin — ^John de Waleton v. Prior of Kertmel
and others re common of pasture in Holkerre, Brocton, and
Flingthawych.
Plaintiff has leave to withdraw from writ.
w. 2. The following cases put back to the morrow of Holy
Trinity [24 May 1277] at Clyderhou : —
Novel disseisin — Henry de Walley v, Roger de Walleye
re tenement in Hulkeston. Same v. same re common of
pasture in Houkeston.
Certification — Robert de Eccleston v. Richard de Wolue-
ton re tenement in Eccleston ; because certain of the jurors
were infirm.
Novel disseisin — Henry de Trafforde v. Henry de Lascy,
Earl of Lincoln re tenement in Eggeworth; at plaintiff's
request.
Mort d' Ancestor — ^William de Moles, in right of Gilbert
de Moles his uncle v. Richard le Botyler (as to a messuage,
4 EDWARD I. 133
2 oxgangs and 20 acres) and the Abbot of Cokersand (as
to a messuage, 5 acres, and 2s. rent) re 2 messuages, 2
oxgrngs, and 25 acres of land and 2s. rent in Frekelton
and Hoton.
Plaint iiT gives ^ mark for concord : he acknowledges the tenement
now held b} Richard to be his, and releases all claim thereto, for which
Richard g /es him one sore sparrowhawk; and he acknowledges the tene-
ment which the Abbot holds to be the right of the said Abbot and his
church of Kokersand, and releases all claim thereto, for which the said
Abbot has admitted him to the benefits of his house (recepit ipsum in
heneficiis domus sue).
Isovel disseisin — Richard son of John de Haydok v.
Richard de Kylchyld, Robert de Hendeleye, Ellen his
wife, Adam de Hendeleye, Isabel his wife, Thomas de
Hohroft, Jennet his wife and Roger del Twysse re
ccn.ni )n of pasture in 60 acres of wood and 180 acres of
moor in Kylchid.
Richard de Kylchid says that the common of pasture belongs to
tenements which descended to Ellen, Isabel and Jennet, and to one
Margery late his wife, who were sisters and were coheirs of one [bZon/fc]
their father, in their several shares ; and he had issue by the said
Margery one Thomas his son, who is living. Defendants ask judgment
whether they ought to answer without Thomas. The morrow of Holy
Trinity at Clyderhowe appointed for delivery of Judgment.
Novel disseisin — William de Dyddesbyry v. John de
Byrun, Simon de Gousle, Robert son of Sewall, Robert
son of Stephen, Richard fyz la vedue and Robert son of
Samson re common of pasture in 11 acres in Diddisbiry.
Defendants object that Diddesbiry is not a vill or borough, but a
hamlet of Wydinton ; and Simon says that he and John are joint owners
of the vill of Wydinton and appropriated the common under the Statute
of Merton. Adjourned to Clydirhowe.
Novel disseisin — Adam son of Roger de Holaund v.
the Abbot of Furneys re common of pasture in Ulveston.
Plaintiff did not prosecute ; sureties Robert Curteys and Robert de
Markendall.
334 lASZJSEISI. A^STTT ^OTT.S
J*':t// dizMiiim-
-Tr*n
1^
RmmlTnrcr
r. Alexander k
paaMjJg IB 14 aOB
» of pasture and
TWXJT in Br^Tanrr^
iiiMiln «f Utetvm, liia t«-» ata cmhr ffv^H ikert muA ffcaife it is kdd as
Cases adjoarned to the morrow (rf Holy Trinity
[24 May 1277] at Qydeiiow.
Xotel disseisin — ^Robert de Holannd and El^-zabeth his
wile V, John de Em^as and Cecily his wife re obstmction
of two ways in Scanielesb\T\- : at plaintiffs' request.
Jury of 24 — Baldwin do Le i'. Adam de Hotcm and
others re oommcMi of pasture in Alreton belonging to his
ixexhcAA in Wylton ; for lack of jurors.
m, 1 dtir%o. Mort d! Ancestor — ^John son of Gilbert de Barton v.
Robert de Grelley re 4 messuages, 16 acres of land, 16
axrres of wood, 40 acres of heath, 3 acres of marsh, 6s. 8d.
rent and two parts of a mill, in Barton on IrewelL
Novel disseisin — Richard de Radecliue and Adam de
Ilaspedene v. Henry de Lascy, Earl of Lincoln, and
others re tenement in Osewaldewysel ; at plaintiffs* request
Navel disseisin — ^John de Ewyas and Cecily his wife
V. Robert de Hoyland and Elizabeth his wife re obstruction
of five ways in Sampnesbiri; and same v. same re
tenement there ; at plaintiffs* request.
Novel disseisin — ^Adam de Houaton v, Peter de BurehuU
and others re tenement in Houaton ; at plaintiff's request.
Novel disseisin — Peter de BurehuU v, Adam de Houaton
and others re a ditch in BurehuU [Burnhill]; at plaintiff's
r(*qijest.
Novel disseisin — Same v. same re demolition of a hedge
in Hurohiill ; at plaintiff's request.
4 EDWARD I. 135
Novel disseisin — Robert de Haunton [Hampton] and
Margery his wife v, Alan son of John de Harewood re
tenement in \blank\
[Part of case deficient] Later on the morrow of the Exaltation of the
Holy Cross [15 September] at Lancastre in the above year come the parties
before J. de R. and W. de N. and, Margery being unable to produce the
record of the Roll of Walter de Helyun and his fellow Justices last in Eyre,
the case is proceeded with. Plaintiffs say that John de Harewode, father of
Alan, held the tenement of Margery, and conunitted felony by killing a man ;
therefore, after the King's year etc., Robert de Haunton entered upon
the tenement on payment of fine. Defendant says that plaintiffs, after
his father's felony, put him in possession, and that he took the fealties
and services and lived in the capital house from Mid-Lent until after
the feast of S. John Baptist, when plaintiffs ejected him.
Verdict, that John father of Alan committed a felony and fled, so
that the tenement came to the King's hand ; and after a year and a
day Robert made a fine with the King and was peaceably seised until
Adam de Blakeburn, John his son, Geoffrey de Bylint<m and Henry de
Walleye, friends of Alan, agreed with Robert in Mid-Lent 5 Henry III
[21 March 1 220-1] that Alan should have the tenement on payment of 15
marks at the Nativity of S. John Baptist following [24 June 1221], Adam
and John his son being sureties : the sureties are dead, no payments were
made, and so plaintiffs entered and seized the premises as the inheritance
of Margery. Before the Justices last in Eyre it was agreed between
the parties that Alan, with the exception of 20 acres arable and
20 acres of waste, should release all his right and claim in the said
tenement to Robert and Margery and her heirs. Margery sa^s that
she and her husband are willing to abide by this covenant and in
addition to give Alan 5 acres of waste. The morrow of Holy Trinity
at Cliderhow appointed for delivery of Judgment.
At which time the parties attend and Alan asks adjournment to
enable him to pay Robert. Adjourned accordingly to the Octaves of
S. Michael [6 October 1277], and Judgment will follow the verdict of
the Assize, in default of payment.
Mort cC Ancestor — ^AHce who was wife of William le Porter 7;/. 3,
and daughter of Agnes de Knol, in right of Agnes v.
Adam le Clerk re 2 oxgangs in Dounum.
Defendant calls to warrant Walter de Wadington of the county of
York. Plaintiff says that Robert de Knol her grandfather purchased
the tenement of one Walter de Wadington- ancestor of Walter, and gave
it to William her father in marriage with Agnes her mother.
Verdict, that one Robert de Fayrstan gave the tenement to one Walter
^ ^«X - ■*" Tfc yfc *tyiAf^ •^^'— ^ ''~-^ ^ J i . t »js.
<*€ M:ierg^ ^ Hss^d^e^ anr RigL res iji*-4:i"jrr
Ji^/v^/ diiuutm — Adam de Triiiigwcil r WiDiaiii <ie la
!^frutl diiieisin — Robert de Melair r. Henr\' son of
AfUiffi de Blakebume,
AdJonniM^ to tlK akorTr/w of Holj TrinitT at Cirderliove. at pUintiff^s
Novel disseisin — ^William le Clerk of Wyk i/. Henry de
J^anakcrlcf^h r^ a moiety of a messuage, a horse (ad
njum) mill and 15 acres in Waleton.
V^nlirdi/, that defendant enfeoffed plaintiff and took his homage and
«'J*'i;t4^1 him for nrm'pa3mient of 208. in which he was bound for the
M'tK'tfM'tit, Judgment for defendant.
Novel disseisin — Robert son of Gilbert le Feuere of
Djilton 7A Peter son of Peter de Brunne.
IMiilnl'itf did not pmwcute ; 8uretie«, John Waynpayn and Stephen gon
of thitfh.
4 EDWARD I. 137
Novel disseisin — Same v, same.
Plaintiff did not proeecute; same sureties.
Novel disseisin — Robert de Prehes v. William son of
Robert de Mules re a messuage, 14 acres of land and i acre
of meadow, in Hoghwyk.
Defendant says that Qilbert de Moles his uncle died seised therof,
and on his death plaintiff entered, but was ejected by defendant on the
day that Gilbert was buried. Plaintiff says that Gilbert enfeoffed him
by charter produced, and that he occupied the tenement for 5 days after
Gilbert's death until ejected.
Verdict, that Gilbert died on a Saturday about 3 o'clock; and plaintiff
the same day came and wanted to take possession but was prevented
by the chief lord of that fee, who at length allowed him to enter on the
Sunday; which same day about vespers, William, as heir of Gilbert,
came and ejected him ; so that it cannot precisely be said that plaintiff
was in seisin. Judgment for defendant.
The following cases adjourned to the morrow of Holy
Trinity [24 May 1277] at Clyderhowe.
Novel disseisin — ^Adam de Oldelum and Geoffrey de
Chaderton v. John Pyron {sic) re tenement in Oldelimi
and Chaderton; at plaintiffs* request.
Novel disseisin — ^Abbot of Cokersand v, William de
Wakerleye and John de Wynemarley; at plaintiff's request
Novel disseisin — ^William de Heton and his co-parceners
V. John de Byrun and others re setting up of a dyke in
Heton. Cecily wife of Robert de Shoresworth and William
de Heton, plaintiffs, appoint the said Robert their attorney.
Novel disseisin — Thomas son of John de Mamecestre ^' 3» dorsiu
V. Margery de Greyleye re 3^ acres in Chetham.
Robert de Stochton, defendant's bailiff, says that one Geoffrey dc
Chetham, formerly her husband, demised part of his land to Master John,
plaintiff's father; after the death of Geoffrey, Margery by writ of dower
recovered the 3i acres from John, to whom she subsequently demised
them for his life at a yearly rent of 4s. and on his death she re-entered.
Verdict to the above effect and that, on John's death, Margery offered
the land to Thomas at the same rent, but he refused it. Judgment for
defendant.
i.> l.*>:A5H3tE ASSIZE ROLLS.
- £ ss.'.zr — Henrw de TrafFord r. Eh-as de Enne-
•*- ^ irc iiirLrew ie Byrches r/ common of pasture
:: -^ ^T^:^ :£ vice, zazcr and marsh in Elggeworth.
il"*-^ «T^ ~KX im imirxjn wre ««fd thereof mm their separate
-r...^^*.r- , ^^ ]«r.rv H-ary *r-ji Asrraia^ in ditt rUL Verdict to that
f-. ^A£ -xix: 3:>--si£-i iuaer )i iXa* rsckwed the said common with
:•-: z .-u:--:» — Tbe Abbc-t of Stanlowe z\ Adam de
.\'.<'.i\n '. r:cizi*:cL c£ pasrare in 5 acres of moor in
.'v •r*i«;;uic ^T> Tjiik ^. j» dues a^ri of Wytevell. appropriated the
••^uiv,u aki;t/axi,iiap if!> a^tt^ mrrAfSLC^ vhier the Statute of Merton.
»r. u^ tv Aiovc iLi» imflfi >wbjbp:a in 5>3 acres. The Abbot says
11^. <•«!]( ^£ll^^; Afiim ^nri aBTcli:B|C in WjteveDe. his church of
^ A;.«7 I. -3«^ Bfr^wni F!»kM Of 'Scaacawr va« enfeoffed by Adam de
^•■r.x*'-l. irrr .-i zie ▼*!! oc Wy:eBii«IIr. of a piece of land called
>i^i.%-.i-^ a -cv-iia«.*Lrr-, Aad ie pp.<iTKes hi* charter in these words: —
' viwi* S' "iitMi. I AuiiK itf Wya«iehaII ba^e ^en granted and by this
at; nr^'ic :uarr.-r .•JottnuvHi tc t.vod aad thr Blessed Mary and the
« ^v^-.v itxa Vi/iik> >f the BUf^»ed P^v of StanLove with mv body a
.1 •.■..:! -j^rr ti nx juti wh^ch :;» called Scanworthele in Levlanchirre
% ill ^l .c&^ <acLrtty jtf :xi wim«& milL^ waters and pastures and with all
:.H<'.t.> t; -i)«: sfc.<t laoti S;l<.«Of£'ji^ to hare and to hold freely and
k:-. .> > 11 yor^ kuix pvrpecTial .LlBB&k~ He (^rudactrs also the confirmation
X 't.,iu ft W.->£l«. vokx BucT*ied Christian daughter and heir <^ the said
v.. .Ill - Sk.3v«r ]re 1;:. tbic I John de Wesc«rl haTe granted and by thist
u.* /i-.«<ui .iitfcTftrr v-viuinited to tvod and th^ Blessed Mary and the
' w >ov« uiii HcrtULH of StaoDaw,? for the good cif my soul and of my heirs
iK' ^'.* 4'ii«.ii A£ua vhr WTthenhvII made to thnn with his bodv namely
>i.tei««*A-«-j(. &:fti t.;>;aiJ!e«hoi^s with their commons and appurtenances as
-K .iiar«:<n Jt ^he sail Adaju made to them witness.** Also the con-
ii*uo..vrii ^f .rth:- RicOdhni de Aire ton: — ^^I have granted and by this my
' yir.x.itc >:aart<;r coiiiiniijed to the Abbot and Convefit of the Blessed Place
'4 ^^miti^T^ the o.Himiaa of p<i^«ii^ belonging to the viUs of Wytenhnlle
wtvi Wvitoit :o ^^;d their <>nfmaK and cattle as many as the said {Kistnre
' . vii xUi^^&^u t»'cboac ctMSraditition and impediment of me or mine so that
• -tv.i jvi- I ih/r my heirs ciul introduce or receiTe any other animals or
.1^..^ u :iLAC {Nfcscure except our own and thoee of our men dwelling
i« -K **i:d v.ils." After this grant Richard de Alreton bad no power
X' .»i:'t»ioj^r'iA£»j itty of the pasture or wavte without leave of the Abbot
'i '.Lis siicveiMuirs : Richard son ol this Richard, enfeoffed the defendant
<i -.Ik' re»udTte of his manor of Wytenhulle; and the Abbot asks how
it t^ uUtiuc ciui hijiTe more right than Richard to appropriate the common,
4 EDWARD I. 139
and whether the Statute of Merton applies. Defendant says that, subse-
quent to th« charter, Richard appropriated some of the waste, leaving
part and keeping part, and asks why he to whom the lordship was
granted should be in a worse position than Richard would be were he
still lord. The Justices, wishing to see the grant, order Adam to
produce it at Clyderhowe on the morrow of Holy Trinity.
On which day the parties appear and Adam produces his grant, by
which it appears that Richard enfeoffed him of all the lands and tene-
ments which he held in the vill of WytenhuUe with homages, rents and
services of freemen and villeins, escheats and all other things to the manor
belonging, without exception, to hold of the chief lords etc. And Adam
repeats that Richard, after his charter to the Abbot, appropriated loo
acres of waste which he afterwards demised to the Abbot, who now
holds them : and that Richard son of Richard de Alreton demised 3 acres
of waste to Richard Banestre- who built a lodge thereon and held it for
some time; so that the Abbot's charter is void. The Abbot replies that
the charter is not void; that Banestre' s lodge was pulled down as soon
as its existence became known ; that Banestre was compensated by Richard
son of Richard with arable land in WytenhuUe to the value of the 3
acres of waste; and that no waste was appropriated without the Abbot's
consent.
Verdict, reciting the grants, subsequent to which no waste was
appropriated without the Abbot's consent; the grantor were he living
could hot appropriate it, and Adam cannot be in a better position ; and
the Statute of Merton does not apply. Judgment for plaintiff. Damages 6d.
Novel disseisin — ^Almarica daughter of Syward de Morton ^- 4*
V. Godith de Reddinges, Ralph her son, Willicim his son,
John Attehall, Alan AttehaJl and Richard de Stede re
15 acres in Morton and Acton.
Qodith says that she holds a third part of the tenement by gift of
Ralph, who denies that Almarica was ever in seisin. Almarica says that
she recovered the tenement before the Justices in Banco and was put
in seisin by the Sheriff under the King's writ. Adjourned to the morrow
of Holy Trinity at Clyderhou, for want of jurors.
Novel disseisin — ^Alice Noteheued v. Roger Attekyrke-
styhill and Robert Attetunesende re a messuage and
1 1 acre in Preston in Amundemesse.
Roger says that Roger de Preston, father of Alice, gave him the
messuage and i acre of land, and Alice confirmed the gift by charter
produced. Verdict for defendants, with Judgment: plaintiff poor.
I40 LANCASHIRE ASSIZE ROLLS.
Mort d' Ancestor — -Adam son of Richard son of Margery
de Ayntre, in right of Henry son of Margery de Ayntre
his uncle v. Robert Molines re a messuage and 5 acres
in Millingre.
Defendant says that one Syokh held a third of the messuage in
dower when this writ was obtained, namely 11 September, a® 30 [1275], and
still holds it. Plaintiff cannot refute this and withdraws from writ by
permission.
Mort cT Ancestor — William de Hole, in right of John de
Hole his brother v. Michael son of John (holding 2
oxgangs) and Almarica daughter of Adcun de Howyk
(holding I oxgang) re 3 oxgangs in Longeton.
Michael says that he inherited on his father's death and is now a
minor; he is seen in Court and is under age: Almarica says that she
has a husband who should be included in the writ. Plaintiff withdraws
from writ by permission.
Novel disseisin — ^William de Syleby v. Henry son of
William de Waleton, Richard de Hyton and Roger son
of Richard de Wlfsale re a messuage and 79 acres in
Westderby.
Defendants say that plaintiff enfeoffed one Juliana daughter of Adam
de Cnousle by charter produced, and she enfeoffed Henry ; plaintiff says that
he was ill when the charter was made. Verdict, reciting that the Earl of
Derby gave the tenement to plaintiff, his bailiff, for his services ; that, for
trespass and arrears of account, he wsis taken by the Earl and detained
at Liverpool whence he was removed to Tutbury, where he escaped ; and,
fearing he would lose his tenement, he enfeoffed Juliana and she Henry.
Judgment for defendants.
Novel disseisin — ^Jordan son of Richard de Hennethyme
V. Gilbert de Clifton and Robert de Swyninton re a
messuage in Hennethyme.
Gilbert says the messuage is held of the Earl of Lincoln, whose bailiff
he is ; and, hearing that Jordan wished to alienate it, he went there to
prevent him. Put back to the morrow of Holy Trinity at Clyderhou for
lack of jurors; William de Osbaldeeton, Hugh de Caldecote, Hugh de
Twyselton, Richard de Donum, Peter de Radeclyue, Roger de Rculediue,
and Adam son of the Chaplain, jurors, absent; so fined.
4 EDWARD I. 141
Novel disseisin — Richard de Quelton v. the Abbot of wi. 4, dors^
Stanlawe re common of pasture in \\ acre of moor in
Quelton.
Verdict, that, by mutual agreement to which plaintiff assented, parts
of the waste were appropriated and that the li acre fell to the Abbot's
share. Judgment for defendant.
Novel disseisin — Ralph de Mitton v. others re tenement
in Gosenark.
Put back to the said term [Trinity, at Clitheroe].
Novel disseisin — ^John de Merolhan v. the Prior of
Burkscou, Henry le Suur, Edmund de Assenheued, Thoma,s
le Buker, Henry le fiz le Keu, William son of Edmund, Ralph
de Bikerstath, Richard del Dam, Agnes who was wife of
Willicun Wyth, Adam le Feuere, Richard son of Stephen,
Adam son of Edda, Henry son of Adam de Mounteslay,
Robert de Redwryth, Henry son of Hugh, John son of
Sabin, Henry Trauers and Alan le Peleter re common of
pasture in 40 acres of land and 40 acres of moor and
marsh; in Latham.
Same v. the Prior of Burskou, William le Charpenter,
Simon le Charpenter, Adam de Birskou, John son of
William, Stephen le fiz Pauwel and Richard le fiz
Bertilloun re i acre in Dalton.
The Prior says that one Robert de Lathum, 100 years ago, gave
the said common to the Prior and Convent of Burscou in pure and
perpetual alms. Verdict in each case for defendants, with Judgment.
The following cases adjourned to the morrow of Holy
Trinity: — •
Novel disseisin — Roger de Samesbuxy and Agnes his
wife V, others re common of pasture in Samesbury.
Mort d' Ancestor — ^William son of Nicholas Bussell v.
William Bussel and Adcun son of Nicholas Bussel re
tenement in Eukeston.
Novel disseisin — ^John de Bromhyrst v, others re common
of pasture in Barton ; two writs.
142 LANCASHIRE ASSIZE ROLLS.
Tslovel disseisin — ^Adam de Hulme v. others re tenement
in Hulme.
Novel disseisin — ^William de Dydesbyri v. others re
dyke raised in Didesbyri.
Novel disseisin — William son of John de Botheme of
Cherlege v. Adcim son of John de Botheme of Cherlag
re tenement in Cherlag.
Plaintiff did not prosecute; sureties, Ellas son of Henry de Cherleg
and Robert son of Dobyn de Cherlag.
Mort d! Ancestor — Roger son of Matilda de Bouinton
V, Adam son of Adam de Overderewente.
Plaintiff withdraws from writ by pennission.
Novel disseisin — ^Robert de Wytefeld and Lettice his
wife V, John son of Hugh de Lungewrthe and Ellen his
wife, Richard de Famwrthe and Henry de Chyldre re
3 acres of moor in Lungewrthe.
Plaintiffs withdraw ; no fine, being poor. Later, Jc^ and Ellen come
and acknowledge the right of Robert and Lettice to the land and surrender
it to them.
Jury of 24 — Willicun de Dauderton v, Henry de
Chaston re tenement in Hyns.
Plaintiff did not prosecute ; sureties, Adam de Cunteclyue and William
Bussel.
5 EDWARD I. 143
assije Eoll X235, ©i&ers Counties.
5 (Entoarli 5.
PLEAS OF Assizes and Juries taken at Cliderhowe m. n
IN THE County of Lancastre before J. de
Reygate and W. de Northburgh on the morrow
OF Holy Trinity in the fifth year of the reign of
King Edward [24 May 1277].
Novel disseisin — Adam de Fraxino v, Roger Bayns,
William Bayns, Richard Bayns, John son of Richard de
Burgh, John son of John de Burgh, Adam Faytwayt,
Richard son of Hugh, John de Dungton and William
Scot re 15 acres in Whytington.
Plaintiff did not prosecute; sureties, William le Breuur of Tunstal and .
John de Hoton. Latej* the parties come to terms and Roger admits Adam's
right to the land, and for this surrender Adam remits to him his damages.
Mori d' Ancestor — John de Barton, in right of Gilbert
de Barton his father v. Robert de Grelly re 4 messuages,
16 acres of land, 16 acres of v/ood, 40 acres of heath,
3 acres of marsh, 6s. 8d. rent and 2 parts of a mill etc.
in Barton on Irrewelle.
They come to terms, John giving i mark for leave by surety of the
said Robert, to . the effect following : — John acknowledges the said tene-
ment to be the right of Robert and remits it to him, quit of himself
and his heirs for ever ; and for this Robert de Grelly, Lord of Mann-
cestre, grants to the said John and to his heirs for his homage and
service, certain land within the bounds underwritten, namely : beginning
at the footpath that commences on the high road before the door {)ioitium)
of Elias de Barton and so following the said footpath towards the north
as far as Coppidgrene, together with the dower of Cecily mother of the
said John ; and from Coppidg^ne following the headland (fareram) to
the field diclte as far as into Deplathe crosswise as far as Derboth, together
with Derboth under its own bounds, and so following the hedge [hayam]
144 LANCASHIRE ASSIZE ROLLS.
on the highway to the aloreaid footpath ; with all buildings within the
said bounds erected, to wit, the hall and grainge house of Walter de
Barton, the house of Adam son of Simon, the house of Hayna; and all
his land in Salteye with a moiety of the Salteye and the dower of the
said Cecily; and a moiety of his land between the qml of Barton and
the bounds of Irrewilham and between Irrewelle and Catemosse, with
a moiety of the pasture and of the escapes [vasfi eschajnorttni] of the
waste and of all other approvements within the said bounds, with the
dower of the said Cecily ; and a moiety of the wood of Boylsnape etc. ,
with the dower of the said Cecily ; and a moiety of all his mills in the
vill of Barton, built and to be built, with all common and easements in
the vill of Barton belonging to the said tenements there and so much
of them ; and the said John shall find a moiety of the keepers of the
said mills and woods to keep in repair and sustain them, with the dower
of the said Cecily ; to have and to hold to the said John freely etc.
yielding yearly to the said Robert his heirs and assigns one clove of
gilliflower for aU services : and the said Robert and his heirs will warrant
all the said tenements within the said bounds to the said John and to
his heirs for ever.
Novel disseisin — Alan de Coupland and Margery his
wife V. Robert de Hauerigton, Thomas son of David and
Roger son of John le Feure re 3 roods 8 perches in
Alythwayt.
John de Clapham, bailiff for defendants, says £hat the land belongs
to Robert, lying within his own demesne, and that it formerly lay waste
and uncultivated till he reduced it to culture as he well might. Verdict
for Alan, with Judgment. Damages i2d. C [to the Clerks].
Novel disseisin — ^Alan de Coupland v. Alina de Adigham,
Wilham de Steynforde, Jordan le Messer, John de Ballrugge,
Adam Geirok, Ranulph son of Robert de Beleclyue, Nigel
de Scales, Adam son of William le Gardiner, John Dunyn-
heton and Lambert de Scales re common of pasture in
60 acres of moor in Aldingham, belonging to Alan's tenement
in Great Urswyk.
William de Steynforde, for the defendants, says that one William
de Fumeys, father of Alyna and whose heir she is, granted the said
pasture to the plaintiff's father for his life, and that nothing can remain
to Alan ; Alan says he was in good seisin for 26 years and more until,
&c. Verdict for plaintiff against all but William de Steynforde; Judgment
accordingly. Damages 2s. C.
5 EDWARD I. 145
Novel disseisin — John de Ursewyk of Coupmanwra v,
Alice who was wife of Henry de Croft, William de Claghton,
Robert del Crag^, Peter de Ovrekellet, William de Mora
and Thomas son of Michael re 4 acres in Ovrekellet.
Verdict that plaintiff had only common of pasture therein. Judgment
for defendants.
Novel disseisin — Matilda late wife of Ralph Godard,
John Godard and Richard son of Ralph Godard v. Hugh
Godard and others re common of pasture in Gernok.
Plaintiffs withdraw writ by permission.
Cases put back to the Octave of S. Michael [6 October
1277] here: —
Novel disseisin — ^Adcun de Hulme v, Robert de Gredeley,
Robert de Byrches and others re a tenement in Hulme.
Novel disseisin — ^John de Brimyhurst v. Robert de Byrches
re common of pasture in Barton.
Novel disseisin — Alice de Hekeles v. Henry de Strafford
and Henry son of Hamo re common of pasture in Clifton.
The writs to remain with the Sheriff.
Nuisance — Alexander de Pilkinton v. Adam de Preste- m. 11 dorso,
wyk, Richard son of David de Hulton, Thomas de Heton,
Roger de Prestwyk, Richard son of Augustine, Peter le
Serjaunt and Richard le Serjaunt re a dyke \fossatd\
destroyed in Pilkinton.
Defendants say that the dyke is in Prestewyk not Pilkenton, and that
it was put up by Alexander on Adam's land, and Adam had it pulled
down next day.
Plaintiff says that his father and his ancestors always put up a
dyke in the place where he had erected it, to protect the grass.
Verdict, that the dyke was part in Prestewyk and part in Pynkelton,
and that Adam wrongly destroyed the part in Pylkinton. Judgment
accordingly, that part of the dyke in Pylkington to be re-erected at
Adam's cost, and plaintiff fined for false claim as to the other part.
L
3
146 LANCASHIRE ASSIZE ROLLS.
'Novel disseisin — ^German de Neuham v. Geoffrey Byrun
of Seanton and Robert, Abbot of Stanlawe re common
of pasture in 100 acres of wood in Barton.
The Abbot claims entry through Geoffrey and denies the charge.
Geoffrey says that one Gilbert de Barton, at one time lord of that vill,
held the wood in his separate demesne, so that no one could claim
common, and Gilbert enfeoffed Geoffrey who enclosed with a hedge 30
acres out of the 100 acres of the said wood, which is separate from the
rest. Verdict for defendants, with Judgment.
The following cases are put back to the Octave of
S. Michael [6 October] at Cliderhawe : —
Novel disseisin — -Henry de Trafford v. Henry de Lascy
and others re a tenement in Eggesworth ; at plaintiff's request.
Novel disseisin — Ralph de Radeclyue v. the said Earl
Henry and others r^ a tenement in Osdewaldeswisil ; at
plaintiff's request.
Novel disseisin — Margery daughter of John de Samlis-
byry v. Robert de Eclishull re 10 acres of land and i
acre of meadow in Eckeleshulle.
Robeit admits disseisin and is committed to gaol. Damages taxed by
Jury at i mark.
Novel disseisin — Ralph de Mitton v, Adam de Hoghton,
Adam his son, Richard son of Adam, John son of Adam,
Peter le Clerk, William de Brockol, Simon de Wadinton,
Elyas son of Richard, Henry son of John de Blakeburne,
John de Caton, Henry de Stubbeheued, William son
of Gunilda, Adam de Feinycholes, Richard de Soureby,
Walter de Myreskou and John de Halton re a messuage,
a water mill, 27 acres of land, 3 acres of meadow,
gs. rent, &c., and common of pasture in a third part of
1,000 acres of moor and wood in Gosenarch.
Adam de Hoghton, for defendants, says that he claims only under
a lease for years from one Alan de Catherton to whom Ralph de
Mitton demised the premises for 27 years of which 22 are yet to come
and Alan died after the lease was made. Ralph says that after the
death of Alan he was in seisin for 8 days,, till turned out by defendantp.
Put back for lack of jurors to the Octave of S. Michael, and the Sheriff
is ordered to cause to attend so many and such as well Knights as other
free and loyal men at that term, to make the said assize.
5 EDWARD I. 147
Novel disseisin — Abbot of Furneys v. Roger de Lancastre m. 12.
and others re common of pasture in Eggettane in
Schasthwyk and Ulueriston.
Put back to the Octave of S. Michael here on behalf of the plaintiflE.
Novel disseisin — Roger de Snele and Juliana his wife
V. William de Chatherton, Ladarena his wife, William
Dybald, Richard son of Robert and Richard son of John
de Elhale re a plot 9 perches long and the fourth part
of a perch broad in one place, and a plot i\ perch long
and I perch broad in another place, in a certain messuage
in Elhale.
William de Catherton says that he is seised of the first plot as of
the inheritance of Ladarena his wife, sister of Juliana, and that it wa«
assigned to Ladarena as her inheritance from her father and he enclosed
it with a hedge. As to the second plot, he and Ladarema sued Roger
de Slene and Juliana his wife before Gwychard de Charrun and William
de Northburg at Wytinton, by writ of Novel disseisin, for a messuage,
40 acres of land, and 3 acres of meadow, and Roger and Juliana
conceded that the said plot should be a joint road as an easement for
each party, with free exit and ingress.
Verdict for plaintiffs against William and Ladarena, and for the
other defendants against plaintiff. Judgment accordingly. Damages i2d.
Cases put back to the Octave of S. Michael, here: —
Novel disseisin — ^William de Didysbyri v. John de
Byrum and others re a dyke set up in Didybiri.
- Novel disseisin — Same v. John de Byrun, Simon de
Gousle and others re common of pasture in Diddisbyry.
Novel disseisin — ^Jordan son of Richard de Hennethyrne
V. Gilbert de Clifton and Robert de Swynlington re a
messuage and 3 J acres in Hennetherne.
Gilbert says that Hennetherne is neither a vill nor a town, but a
hamlet of Mitton, and claims Judgment ; and he says that one Richard
father of the said Jordan once gave certain lands to one Elyeus in marriage
with one Agnes his daughter, together with the tenement, when it fell
in, which one Agnes grandmother of Jordan held in dower; and Elyas
and Agnes his wife enfeoffed Robert de Swynlington in the said tenements.
Verdict to that effect, and that Agnes answered to Robert for the
services belonging to her said dower, and after her death came one
148 LANCASHIRE ASSIZE ROLLS.
Henry de Hennethyme and put himself in possession in the name of
Jordan; which hearing, one Hugh bailiff of Robert went with the said
Gilbert and ejected Henry and took possession of the tenement which
should fall to Robert his lord on the death of Agnes. Judgment for
defendants : the plaintiff excused fine by the Justices.
Novel disseisin — Robert de Huntig^dene v. Richard
Wulnesbothe, John le Surreys, Hugh le Clerk, Beatrix who
was wife of Roger de Huntingdon, Robert her son and
Henry de Blakeburn re a messuage and 16 acres in
Button.
Henry comes, but the other defendants are absent, nor were they
attached, as the Sheriff says they have nothing attachable in his bailiwick.
Verdict, that one Robert de Huntindene gave to one Roger de Huntigdene
his son a moiety of the said tenement to hold of him ; and afterwards
Roger died, and the said Robert, staying at the Abbey of Seleby and
hearing of his son's death, went to Dutton and had him buried, and after
the funeral entered upon the said tenement ; and the same day after
dinner the defendants, Henry excepted, ejected Robert from the said
tenement. Judgment for plaintiff for a moiety gf the said messuage and
16 acres, against all but Henry de Blakeburn. Damages i2d.
Nuisance — Peter de BurnhuU v. Adam de Hoighton,
John his son, WilHam le Clerk of Singilton, Henry son
of Gunild, John le Feuer, William del Holm, Adam de
Byseleye and Robert de Modewale re destruction of a fence
in Burnhull set up to protect plaintiff's com and meadow
from cattle &c.
Same v. same re demolition of a dyke in Burnhull. •
Defendants say, as to the fence, that Adam's men destroyed it and
that it was not on plaintiff's land ; as to the dyke, Adam sued Peter before
the Justices last in Eyre for 40 acres of land and he recovered the said
land and the dyke was thereon — on Adam's own land ; and when Adam
saw it had been made he had it pulled down ; and Peter admits that
Adam recovered 40 acres and 20 acres of wood but not the land wherein
the dyke was.
Verdict, that Peter set up a hedge and dyke within the bounds of
Burnil, and Henry son of Gunild, without the knowledge of Adam his
lord, destroyed the fence, and Adam when it came to his notice approved ;
and the dyke was destroyed by Adam, John his son, William Clerk and
Adam de Byssley. Judgment, the fence to be set up again at Henry's
expense, and the dyke at the charge of Adam, John, William and Adam.
Damages for fence and dyke, i2d.
5 EDWARt) I 140
Novel disseisin — ^John de Bromhurst v. Alexander le May vu 12 dors^
and Alexander his son re common of pasture in 15 acres
in Barton.
Alexander, the father, says that one Gilbert de Barton, lord of the
yill of Barton, enfeoffed him of the said 15 acres and put him in seisin;
Gilbert is now dead. Plaintiff says that Gilbert enfeoffed him of certain
lands in Barton for which he claims the common of pasture, as Gilbert
never prevented him from commoning there. Verdict, that John de
Bromyhurst had conmion in the 15 acres of waste belonging to Gilbert of
which Gilbert enfeoffed Alexander, who enclosed them with a hedge and
reduced them to culture. Judgment for plaintiff. Damages 4od.
Novel disseisin — Adam de Byrkeneshawe v. Alan de
Byrkenhaw re a messuage and \ oxgang in Shurton.
Later, Adam withdraws by permission. Later, covenant, to the effect
that Alan admits Adam's title and surrenders the tenement to him.
Novel disseisin — Robert de Mercelesdene v. Henry son
of Christian, William son of Margery, Peter son of Peter
de Bradeley and Robert le Fyzelote re a messuage and
12 acres in Merkelesden.
Defendants say that the tenement is the freehold of Henry de Lascy, Earl
of Lincoln ; on this comes Gilbert de Clifton the Earl's steward, and says
his lord was seised by surrender from plaintiff, and he is quite willing
to have an enquiry. Robert denies the surrender. Verdict, that plaintiff
surrendered the tenement in full court to one Peter de Santon the Earl's
steward, etc. Judgment for defendants.
Cases put back to the Octave of S Michael, here -. —
Novel disseisin — Isold daughter of Hugh le Forester
and Alice her sister, v. William de Cathyrton, Richard
his brother and others re a tenement in Ellale.
Novel disseisin — ^Adam de Byry v. Henry de Lascy,
Earl of Lincoln and others re a tenement in Totyngton.
Novel disseisin — Same v. same Earl, Reginald de Grene-
hirst, George his brother, Alexander de Elton and Richard
his brother re a tenement in Byry. The jury to view the
said tenements on the morrow of S. Matthew the Apostle
[22nd September].
ISO LANCASHIRE ASSIZE ROLLS.
Novel disseisin — ^John de Bromhurst v. Geoffrey Baron
re common of pasture in Barton
Novel disseisin — ^Alexander le May of Barton v. Geoffrey
By run re common of pasture in Barton.
Novel disseisin — Adam de Ruyston v. Robert son of
Gilbert, Richard son of Adam and others re a dyke
demolished in Ruyston.
Plaintiiff withdraws by permission.
Novel disseisin — Henry de Walley v. Roger de Walleye
and Adam de Hoylande re common of pasture in Hevkeston.
Plaintifif withdraws by permission.
Novel disseisin — Henry de Walleye v. Roger de Walleye
re a grange, a shippon \boueri€i\ and 25 acres in Heukestone.
Roger says that he entered as brother and heir of one Robert his brother,
deceased, who died seised. Henry says he was seised until Roger ejected
him. Later, put back to the Octave of S. Michael, here, at plaintiffs
request.
Nuisance — ^William de Heton, Robert de Shoresworth
and Cecily his wife v. John de Byrun and others re
dyke erected to their injiiry in Heton.
PlaintiflFs withdraw by permission.
The following cases put back to the Octave of S.
Michael [6 October] here: —
Novel disseisin — John de Euias and Cecily his wife
V. Robert de Holand, Elizabeth his wife and others.
Nuisance — Same v. Same re obstruction of 5 ways in
Shapnesbyri.
Novel disseisin — Robert de Holand and Elizabeth his
wife V. John Euyas and Cecily his wife re obstruction
of 2 ways in Shampelesbyri.
Novel disseisin — Ralph de Mitton v. Robert de Wykeley
re a tenement in Achton.
Novel disseisin — Henry son of Henry de Clayton v.
William de Aluetham, John de Shotelisworth and others
re a tenement in Clayton.
5 EDWARD I. 151
Novel disseisin — Robert de Hyndeley and Elana his
wife V, William de la Mare re a tenement in Langgeton.
Plaintiffs did not prosecute; sureties, Adam fon of Richard de
Langgeton and Thomas de Hyndeley.
Novel disseisin — ^John de Knol v. Hugh le Surrays re
tenement in Queteley.
Plaintijff did not prosecute; sureties, Swayn Carpenter of Thorndele
and William son of Bymme le Mouner of Thorndele.
Novel disseisin — ^John de Wythinton v. Roger de Ecclis,
Chaplcdn, and German de Neuham re common of pasture
in Barton.
Plaintiff did not prosecute ; sureties, viz. — no sureties found, only
"/8r/e«" in the writ.
[N.B. — There is no existing record of the Assizes taken
at Clyderhowe on the Octave of S. Michael (6 October
1277)].
152' LANCASHIRE ASSIZE ROLLS.
^g£it|c EoU X238. Bfytxe CountifS.
6 ^itoarli I.
P
wi. 31- OLEAS OF Juries and Assizes taken at Lancastre
on tht morrow of the exaltation of the
Holy Cross before John de Reygate and William
DE NORTHBURGH, JUSTICES ASSIGNED, AND RANULPH DE
Dakre and Richard le Botyler, whom they have
associated to themselves, in the sixth year of
THE REIGN OF KiNG EDWARD SON OF KiNG HeNRY
[15 September 1278].
Roll of William de Norburg of the County of
Lancastre.
Novel disseisin^ — Benedict vicar of Gerstang church v.
John le Taylur re a dyke set up in Gerstang.
Case struck out as Benedict has died.
Nuisance^ — William de Dydesbiry v. John de Byrum,
Simon de Gousle, Robert son of Sewall, Robert son of
Stephen, Richard fiz la vedue and Robert son of Sampson
re a dyke set up in Dydesbiry.
Plaintiff alleges that owing to the dyke, whereas he used to drive his
(jxen, calves, beasts and other cattle, direct from his house to the common
pasture in Dydesbiry, he is now obliged to go about a league round. Defendants
deny damage, and say that plaintiff has ample access to his pasture, the
dyke being i league from his house. Verdict, that a quarter of the dyke,
ID perches long, is to the plaintiff's hurt. Judgment, that the said quarter
be demolished at defendants' cost ; and for defendants as to the rest of
the dyke. Damages 2S. C.
' 1239, rn. 37.
6 EDWARD I. 153
Novel disseisin^ — ^Alice who was wife of Master William de
Preston v. Nicholas son of Roger de Preston, Roger son
of Adam, Robert le Wodeward and John his son re a toft,
9 acres of land and i acre of meadow in Preston.
Nicholas says that he bought the tenement frcnn Alice for 49s. sterling,
which he paid to her and to her creditors at her command. Alice admits an
agreement between them, but it came to nothing. Verdict, that Alice
sold the tenement to the wife of Nicholas. Judgment for defendants.
Plaintiff poor.
Novel disseisin^ — John de Kyrkeby v, Rogei: de Lancastre,
Simon le Taylur and others re a tenement in Kirkeby Irelith.
Put back to the next coming of John de Reygate and William de
Norburgh hither, on plaintiff's account : the writ to remain with the Sheriff.
Novel disseisin^ — Isold daughter of Hugh le Forester
and Alice her sister v. William de Catherton, Richard his
brother and others re a tenement in Elhal.
Plaintiffs withdraw writ, by permission.
Novel disseisin^ — 'Alexander le Mey of Barton v. Geoffrey
le Byrun and the Abbot of Stanlow© re common of pasture
in Barton.
Case struck out as Alexander has died.
Novel disseisin^ — Roger de Sambyry and Agnes his wife
V. Robert de Hampton and Margery his wife re common
of pasture in Samesbury.
Case struck out as Robert has died.
Novel disseisin^ — Henry son of Henry de Clayton v.
William de Aluetham, John de Chuttesworthe and others re
a tenement in Clayton.
Plaintiff did not prosecute ; sureties, Richard de Ryston and John de
Wallebonke.
Novel disseisin^ — Adam de Byry v. Henry de Lascy, Earl
of Lincoln, and others re a tenement in Totington.
Put back to the next coming of the said Justices hither.
1239, m. 37.
154 LANCASHIRE ASSIZE ROLLS.
Novel disseisin^ — -Juliana daughter of John Gilibrond v.
Robert de Hoyland, Jordan Taluate, Richard de Copped-
hirst, Richard son of Elyas, Simon le Taylur and John
son of Richard de Goldeburne re a messuage, a croft, 7
oxgangs of land, a moiety of the site of a water mill, 2 acres of
meadow and 10 acres of wood, in Goldeburn.
Robert, by Henry de Huton his bailiff, denies that Juliana was
seised; Juliana says she was in good seisin. Later, plaintiff withdraws
writ by permission.
Adam^ de Herthil'liswik,^ Adam de Bikerstat, William
de Clacton, William de Catherton, Richard de Aula, Alan
de Welslet, Richard de Hilton, Geoffrey de Chadirton,
Richard de Wirkedlee, William de Hopwode and Adam
de Eckelles, fined for a tumult.
Novel disseisin^ — Richard son of Robert Smith v. Geoffrey
Brun and the Abbot of Stanlowe re common of pasture
in Svinton.3
Put back to the next coming of the Justices of all Pleas hither unless
John de Reigate and WiUiam de Northburgh come first to these parts, for
lack of jurors; the writ etc., and the jury are ordered to view on Sunday
next after the feast of S. Michael [2 October 1278].
Novel disseisin^ — 'William son of William de Ponte v.
Adam de Bury, Henry son of Cecily de Hepe, John le
Archer, Geoffrey son of Jennet,^ Matthew son of Adam de
Bury, William son of Richard, Adam son of Gilbert, Roger
his brother and William son of Robert Stute re a messuage
and I oxgang in Bury.
Adam, by William de Radeclyue his bailifif, says that he simply claims
his own demesne; for one Roger de Boulton held the tenement as his
tenant and wished to alienate it, so Adam seized it into his own hands.
Verdict, for plaintiff, with Judgment. Damages 2s. C.
Novel disseisin^ — Adam son of Richard de Boynton^ v.
Roger le Keu of Symondeston and Margery his wife and
others re a tenement in Simondestan.
Plaintiff did not prosecute ; no sureties, poor.
' 1239, m. 37. ^ JoKt^ but John (JoNis) in 1239.
2 Hertliswic, 1239. ^ Rouinton, 1239.
^ Swinton^ 1239.
6 EDWARD I. 155
Cases put back to the next coming of the Justices of
All Pleas hither, unless John de Reigate &c.
Novel disseisin} — Richard de Muston v. Robert de Grelley
and others re a dyke demolished in Denton.
Novel disseisin} — 'William son of John de SnythehilP v.
Richard son of Thomas de Perepunt and others re a tenement
in Rumworth.
Novel disseisin^ — John de Bromhirst v. Robert de Gred-
leye re common of pasture in Barton belonging to freehold
in Bromhirst.
Novel disseisin^ — ^Adam de Hulme v. Robert de Gredleye,
Robert de Birkes and others re a tenement in Hulme.
Novel disseisin^ — -Adam de Holm v, Robert de Gredleye,
Robert de Schothou^ and others re a tenement in Barton.
Novel disseisin^ — ^Alice daughter of Robert de Staynyng
V. Henry de la Lee re a messuage and 6 acres in Frenkess-
lee.
Henry says that one Emma daughter of William de Durrem, before
Walter de Helyon and his fellow justices last in Eyre in that county,
recovered the tenement by writ of Mort d' Ancestor from Robeit de Stayning
father of Alice. Verdict, that Emma recovered and enfeoffed Henry. Judg-
ment for defendant: plaintiff poor.
Novel disseisin^ — Nicholas de Turton and Eve his wife
V. Thomas son of Henry and Ammyria his wife and others re
obstruction of a way in Turton.
Put back to the next coming etc., unless etc., by default of the jurors
who have not viewed, and they are ordered to make a view ; the writ etc.
Novel disseisin^ — ^John Byrun and Jennet his wife v. Philip,
Abbot of Roche and others re a tenement in Butterworth.
Put back to the next coming etc., unless etc., because Henry de Trafford,
Richard de Workedel,^ Richard de Urmeston, Robert de Schoreswortb,
Richard de Boulton, Henry de Tonge, Robert de Barlowe, William de Bradechae,
Robeit de Rediche, Adam de Werberton, Thomas de Heton, Richard de
Redeford and Roger de Boulton, jurors of that Assize, have not made a view ;
so they are fined ; the writ etc.
' 1239, m. 37. ^ 1239, m. 37(/.
2 Snithull, 1239. ^ Workesley, 1239.
^ Robert de Schoreswth (erased) de Scuston 1239.
156 LANCASHIRE ASSIZE ROLLS.
William de Dutton,i Serjeant of Blakeburneschyre, fined
for contempt.
m. 31 dorso. Novel disseisin^ — -Henry son of Reginald v. Richard le
Botyler re a messuage and 5 roods of land in Wytele.
Thomas de Leyland, defendant's bail iff , says that he had entry through
Cecily mother of Henry. Later, Henry withdraws writ by permission.
Novel disseisin} — Adam de Pennesbyry^ v. Roger de
Pennesbyry and Amabel who was wife of Elyas de Pennes-
byry re the manor of Pennesbyry.
Amabel says that she has entry through Roger who assigned the manor
to her as dower after the death of Elyas her husband, son^ of Roger.
Verdict, that Roger disseised Adam of the manor, except Brailesdon and
the Milneridyng and the moiety of a water mill on Irewelle. Judgment
for Adam, except as above; and, as Roger of his own free will warranted
the gaid manor to Amabel, she is to have of his lands to the same value,
and the Sheriff is to put her in seisin in a fitting place without delay.
Damages, 4od. C.
Novel disseisin^ — Roger de Walleye v. Beatrice de Blake-
burne, Adam son of Elyas and others re a tenement in
Little Mittoa
Plaintiff withdraws writ, by permission.
The following cases are put back to the next &c.
unless &c.
Novel disseisin^ — ^John de Euyas and Cecily his wife v.
Robert de Holand and Elizabeth his wife re a tenement
in Sampnelbiry.
Novel disseisin^ — Same v. same re obstruction of 5 ways
in Sampnesbiry.
Novel disseisin^ — ^Agnes de Salbury and Richard son of
Richard v. Thomas de Holton, Dyonisia his wife and
others re common of pasture in Salbury.*
Novel disseisin^ — ^William de Hillepol v. William de la
Mare and others.
John de Faldworthyng of Keredyn one summoner of the Assize fined
for not coming, and John de Farinton, Bailiff of the fee of Leylandschire,
fined for not making the summoner come, nor the Assize.
' 1239, m. 37c?. ^ Brother, 1239.
2 Penulbury, 1239. ^ Salebyry, 1239.
6 EDWARD I. 157
Novel disseisin^ — ^Emma daughter ot Margery de Sonky
V. Symon son of Margery de Sonky re a tenement in
Sonky.
Plaintifif did not prosecute : no sureties, poor.
Novel disseisin^ — Emma daughter of Hugh le Norrays
V. Hugh le Norrays, Robert de Holand and Roger
Thunwich re 2 messuages, 20 acres of arable land and
7 acres of meadow in Blakerod.
Hugh says that he succeeded as heir of Hugh le Norrays his uncle,
who died seised. Verdict for plaintiff against Hugh and Roger only.
Judgment accordingly. Damages, 4od.
Novel disseisin^ — Richard son of Robert and Thomas
his brother, v. Robert son of Thomas, Warrin son of
Matthew, Richard de Lascell and Avice his wife re 3
messuages. 20 acres of land, 12 acres of wood, moor and
marsh,* in Holand and Dalton.
The plaintiffs say that Robert their father enfeoffed them by charter
which they produce. Verdict, that Robert son of Thomas, father of the
plaintiffs, as he dared not for certain reasons remain in the country,
surrendered the tenement to the Abbot of Cokersaund, chief lord of the
fee, who later enfeoffed Matthew father of Warrin ; and Matthew in
course of time enfeoffed Richard de Lascell and Avice ; and that in no
way could Robert enfeoff his sons so that they could have seisin. Judg-
ment for defendants ; plaintiffs poor.
Nuisance^ — -Hugh le Surreys v. John de Knol re a
fence demolished in Weteley.^
Plaintiff says that the fence protected his crops from devastation by
wild animals and other beasts, and that owing to its demolition his crops
are trodden down and destroyed. John says that Hugh wished to set
up a fence a long way into the pasture of the vill of Weteley, where never
fence had been before, which seeing he pulled it down. Verdict, that
John de Knoll pulled down 6 perches wrongfully, and 3 perches, newly
set up on John's common, justly. Judgment accordingly, John to repair
the 6 perches. Damages 6d. C.
' 1239, m. 37c?. ^ More, et marisci ; hut nove* marisci in
2 1239, m. 38c?. 1239, evidently an error.
3 1239, m. ^6d. ^ 1239, m. 37.
® Queteley, 1239.
158 LANCASHIRE ASSIZE ROLLS.
Novel disseisin^ — ^Margery late wife of Robert le Feure
V. Geoffrey Birun and the Abbot of Stanlowe re common
of pasture in Swynton.
Plaintijff did not prosecute ; no sureties, poor.
Novel disseisin^ — John de Workedesley v. the Abbot of
Stanlowe and Geoffrey Birun re common of pasture In
Swynton, belonging to his freehold in Workedesle.
Plaintiff comes but withdraws, sureties John Gssor and Jordan de
Wortleye.
Novel disseisin^ — Richard son of Robert de Turton v.
Robert son of Henry de Turton and Alice his wife re a
messuage and 12 acres in Heton.
Defendants admit disseisin, so to custody. Plaintiff remits damages.
Later defendants' redemption is remitted, as they are poor.
Novel disseisin^ — Adam son of Richard de Heton v.
Elias^ son of Ranulph de Heton re common of pasture in
Heton.
Plaintiff does not prosecute ; sureties, Robert de Hetton and Richard son
c.i Robert de Torton.
Novel disseisin^ — -Almarica daughter of Siward de Mor-
town V. William son of William de Hil re a messuage and
3 acres in Acton.
Put back to next coming etc., unless etc. because the jury have not
viewed. Jury ordered to view on Monday next after the feast of S. Michael
[3 October].
m. 32. Novel disseisin^ — Alice de Heckeles v. Henry de Strafford
and Henry son of Hamo re common of pasture in 2 acres
of moor and pasture in Cliffton.
Henry de Strafford gays that Alice ha« no separate freehold in that vill
in right of which she could claim common, and that he as lord of the vill
approved part of the common under the Statute of Merton. Verdict, that
Alice has a separate tenement with adequate common, but that Henry has
enclosed about one acre so that Alice has not free entry and exit, as she
is obliged to drive her cattle about a furlong [quarentenani] round.
Judgment, Alice to recover free entry and exit only. Damages for the same
i2d.
' Not in 1239. ^ Alina daughter of Ralph de Heton, 1239.
2 1239, m. 38. ^ 1239, m. 35.
6 EDWARD I 159
Novel disseisin^ — Ellen daughter of Hugh de Cliffton v.
Henry de Trafford and others re tenement in Cliffton.
Put back to next coming, etc., tmless etc., for default of jury who
were not summoned to view.
Novel disseisitfi — William de Dydesbyrry, v. John de
Birun, Simon de Gousle, Robert son of Sewall, Robert son
of Stephen, Richard fiz la vedue and Robert son of
Sampson re common of pasture in 11 acres of wood
pasture in Didesbyry.
John and Simon say that they are lords of the vill of Dydesbyry and
plaintiff is Simon's tenant, and they plead the Statute of Merton. William
says he holds nothing under John and the Statute does not apply as John
and Simon are not sharers in right of blood, and the enclosure is at the
edge of the vill and he has not free entry and exit. Verdict, that John
and Simon are joint lords and William has ample common and the Statute
holds good. Judgment for defendants.
Novel disseisiffl — 'Alice daughter of Adam de Blakebume
V. John de Halghton, Ellen his wife, Katerine, Matilda
and Jennet his daughters and Gilbert le Garzun Johan
re 6 acres in Halghton.
John, Ellen and Gilbert say that they claim nothing in the tenement, and
Katerin, Matilda and Jennet say they are seised thereof by gift from John.
Verdict, that John enfeoffed Alice and put her in seisin subject to the
condition that the tenement should revert to John if at a fixed term he
should give to Alice a mantle and a cloak {av/pertunicani] and 12s. at
stated terms. John failed to keep the covenant so Alice took part of the
tenement and allotted part to others, and afterwards John did not allow
her to make use of it. Judgment for plaintiff, and as the Jury find that
John and the others disseised her after the King's Statute, so all to custody
and damages doubled. Later, fine ^ mark, surety Adam de Houcton.
Damages 2s. C.
Novel disseisin^ — ^John de Ursewyk v. William de Claghe-
ton,3 Alice late wife of Henry de Croft, Peter de Kellett,
Robert del Crag,* John del Crag and Thomas son of
^ Clauton, 1239.
♦ Crang, 1239,
1
Not
in :
'239- .
2
M
m.
35.
l6o LANCASHIRE ASSIZE ROLLS.
Michael re common of pasture in lo acres of pasture,
anciently wood, in Overkellet.
Alice says that all she holds in Overkellet is in dower of the heritage
of Roger son of Henry de Croft, a minor, and that she, in his name,
with William and one Ralph de Daker chief lords of that vill approved
waste under the Statute of Merton, etc. John says that the said conmion
lies among the plough lands of the vill below Akergarth, where no waste
is, and the Statute should not extend to such places. Defendants say
that even if the Statute does not apply no injury is done, for the custom
clearly is that joint owners of vills may break up and approve parts of
the pasture adjacent to their arable land, as this is. Verdict for plaintiff,
with Judgment. Damages 2S.
Novel disseisin^ — 'Adam de Byri v, Henry de Lacy, Earl
of Lincoln, Alexander de Elton and Richard his son re
20 acres in one place, 2 acres of arable land in another
and 60 acres of moor and wood, in Byry.
Henry, by Gilbert de Clifton his steward, says that he knows nothing of
the matter; the others say that Adam was never seized. Verdict for
defendants, with Judgment.
It is shown to the Justices^ that Adam de Oustwyk, under
bailiff of Orm de Kellet, has remitted the King's fines
contrary to his oath : so fined, and amerced to the value
of 40s.
wi. 32 dor so. Novel disseisin^ — Matilda who was wife of Ralph Godard
and Richard son of Ralph v. Hugh Godard and Robert le
Mouner re common of pasture in i acre in Estcherinok
Same v. Hugh Godard and Adam of the Strette re common
of pasture in 8 acres in Estcherinok.
Same v. Hugh Godard and Adam son of Henry re
common of pasture in 40 acres of moor in Estcherinok.
Same v. Hugh Gogard and William Gogard re common
of pasture in 3 acres of wood in Estcherinok.
Same v. John Aylsi and Henry Ashoks* re common of
pasture in 4 acres of wood in Estcherinok.
' 1239, m. 35. * 1239, m. 35c?.
* JJ'ot in 1239. * Asok, 1239.
6 EDWARD I. l6l
Same^ v. Hugh Godard, John Aylsy and Richard son
of Adam Esthesrette re common of pasture in lo acres
of moor in Estcherinok.
Hugh, for himself and the others, his tenants, says that he is chief
lord of Estchemok and Matilda and Richard are his tenants, and that
he approved waste under the Statute of Merton. Plaintiffs say they hold
half a carucate of land and have not enough common for an oxgang. Verdict
in the first and last three cases for defendants, with Judgment; in the
2nd case for plaintiff against Adam only as to 4 out of the 8 acres, with
Judgment, damages 8s. ; in the 3rd case for plaintiff as to 20 out of the
40 acres, with Judgment, damages iid. Plaintiffs fined as to the several
other false claims ; but excused, being poor.
Novel disseisin^ — ^Adam son of John de Blakeburne v.
Beatrix de Blakeburne, John son of Roger and Hugh le
Charpunter re common of pasture in Wysewall, viz. in
one place 4 perches long by one perch wide, and in another
place 3 perches long by one perch wide.
Beatrix says that on her own ground adjacent to her messuage, on
the plots in question, she erected two cottages as easements for cattle as
she had right by the custom of the country, as her neighbours have done.
Adam says that Beatrix is not a joint owner of the vill, all she owns
being by purchase, and she erected the cottages on his common, and if
Beatrix could thus build and rent [arrentare^ he might be deprived of all
his common in her land — and he asks that the assize may be taken under the
conmion law of the land, and not by custom. Verdict that defendants did
no injury, as the cottages are built on her own land and arable land
near the vill; the custom of the country is that any villagers may approve
their arable land near their messuages and the vills where they dwell
for the purpose of building such cottages. Judgment for defendants.
Adam poor.
Novel disseisin^ — William de Hillepol v, William de la
Mare and others re a tenement in Longeton.
Put back to the next Eyre etc. unless etc., for lack of Jurors, who
have not come in full numbers.
Novel disseisin^ — ^Adam de Hocgton v. Peter de Burnhull
and others re a tenement in Hoghton.
Similarly put back, because the jurors of the assize have not viewed.
Writ to remain with the Sheriff.
' 1239, m. 3sd. 3 1239, m. 35.
2 1239, m. 36. * Not in 1239.
1 62 LANCASHIRE ASSIZE ROLLS.
m. .33. Novel disseisin} — ^Adam Muton v, William Muton, Roger
de Chippenley and Richard son of Hugh de Ribbecestre re
3^ acres of land in assart and 8 acres of moor and wood
in Ribbecestre.
Richard says that he holds by William's gift, and that Adam was once
so seised and wished to sell to Roger; Roger preferred to be enfeoffed by
William rather than by Adam, so Adam of his free will surrendered to
William, who enfeoffed Roger; in course of time Richard talked to Roger
about buying the land, and Roger surrendered it to William as before,
being chief lord, and William enfeoffed Richard. Adam says that he
left the country to look for work and was disseised in his absence.
Verdict, that William enfeoffed Adam, who afterwards left the country
and stayed elsewhere in service. In course of time William heard that
Adam was dead, so took possession of the tenement and ejected Adam's
servant and afterwards enfeoffed Roger, and then Richard ; and Adam never
surrendered. William, being asked if he will warrant the tenement to
Richard, lias a day fixed before the Justices in Eyre, when next they come.
Judgment for plaintiff against William only. Damages ^ mark ; C. Adam
is poor.
Novel dtsseisirfi — Margery who was wife of Htigh le
Norreys of Haugh v. Hugh son of Alan le Norreys, Henry
his brother and Robert de Hoiland re a third part of
30 acres of wood in Blakerode.
Robert says that Margery was never seised, as she holds 2 oxgangs
for the third part of the said wood belonging to her a« dower. Margery
says that the bailiff of the Lord Edmund endowed her with a third
of the wood, and she was seised long before Robert owned land in the
vill. Verdict, that Margery holds 2 oxgangs in dower, besides part of the
ground of the said wood, except however in the said wood pannage, bees
and birds [erased).^ Judgment for defendants.
Nuisance^ — Richard de Urmeston v. Jordan de Hilton,
and William son of William son of Valentine de Flixton
re a dyke set up in Urmeston.
Plaintiff says that the dyke interferes with his access to his common,
which is now not so convenient. Defendants say the dyke is in Flixton,
and plaintiff consented to it. Verdict, that the dyke is in Urmeston and
interferes etc. Judgment for plaintiff. The dyke to be demolished at the
cost of Jordan and William. Damages lad.
' 1239, m. 36. 3 Not erased in 1239.
^ X239, m. 36c?.
6 EDWARD I. 163
Novel disseisin^ — Emma de Sonky v. Symon Truppe^
of Sonky, Margery de la Bure and Henry son of Geoffrey
re a messuage in Liuerpol and 10 acres in West Derbe.
Symon says that one William Pilche his brother died seised and
that he is next heir, and Emma has quit claimed to him all her right
therein. Verdict for defendants, with Judgment; plaintiff poor.
Mori (f Ancestor^ — Hugh son of Alan le Norreys, in right
of Hugh le Norreys, his uncle, v. Alan son of Hugh le
Norreys (as to 26 acres of land, 13 acres of wood, 2 acres
of meadow, 2 acres of pasture), Robert le Norreys (as to
29 acres of land, 12 acres of meadow, \\ acres of wood),
Cecily daughter of Hugh le Norreys (as to 21 acres of
land, 3 acres of meadow, 10 acres of wood) and Hugh
son of Haymo le Waleys^ (as to 11 acres of land, 2\ acres
of meadow, 4 acres of wood) re 87 acres of land, 19J
acres of meadow, 28^ acres of wood and 2 acres of pasture
etc. in Blakerode.
Defendants tay that Hugh enfeoffed them at a certain feast of Holy
Trinity and put them in full seisin, in which they continued during the
life time of Hugh until the feast of S. Laurence next following. Verdict,
that Hugh enfeoffed defendants and did not die seised. Judgment for
defendants.
Novel disseisin^ — Roger de Farneworth, clerk v. Adam m. .33 dors^
son of John de Magna Lever re common of pasture in
500 acres of wood, moor and marsh, in Farneworth.
Adam says that plaintiff is in seisin and can use the common if he
chooses ; that he distrained on the said pasture for 16 pence due from
plaintiff for a tenement he holds of Adam. Roger says that he holds
nothing of Adam but he holds a tenement of John de Lever father of
Adam, who is still alive, and pays rent of 16 pence to him, not to Adam.
Verdict for plaintiff, with Judgment. Damages, 4od.
Novel disseisin^ — Richard son of Henry son of Ralph
V. William le Boteler, Henry le Chappeleyn, Robert Stel,
William le Messer and Richard son of Bene re 2 messuages
in Werinton.
Richard® de Molineus, bailiff of William his lord, says, as to one
' 1239, m. 36c?. * 1239, m. 38.
2 Trippe, 1239. ^ 1239, m. 37c?.
' Omitted in 1239. • Over an erastire: William, 1239.
164 LANCASHIRE ASSIZE ROLLS.
messuage, that he claims nothing except custody in right of one Simon
son of William {sic) son of Ralph elder brother of the said Richard,
without whom he cannot bring that tenement into judgment, as he is not
named in the writ. As to the other messuage, one Emery le Boteler,
father of William, died seised thereof and William was then under age
in custody of the Earl of Derby ; and while he was thus in custody the
Earl's bailifif handed over the messuage to Henry son of Ralph, plaintiff's
father, who held it at will while William was in the Earl's custody. When
his lord came of age he allowed Henry to hold the said messuage at will,
on whose death he seized it into his own hands as being held by a tenant
at will: and one Robert [Uank], as bailiff for the other defendants,
denies injury.
Verdict for plaintiff against all but William le Boteler as to the first
messuage, with Judgment. As to the second messuage, that Henry was
never seised except as tenant at will, so for defendants, with Judgment.
Plaintiff poor.
Novel disseisin^ — ^William de MaghaJl v. Gilbert de
Halsale and others re tenement in MaghalL
Plaintiff withdraws writ by permission.
Nuisance^ — Robert de Hoyland and Alina his wife v.
Roger CoUan of Slene, Juliana his wife, William de
Catherton, Laderena his wife, Adam fiz Gille, John son of
Roger de Heysam, Ralph son of Peter de Lancastre, Michael
Ferweton, Adam de Brancebrek,^ Roger Delan, Richard
son of Robert* de Thornholm and Adam Pacok re a fence
demolished in Ellal.
Put back to the next etc. unless etc., for lack of jurors, for that
the parties have brought so many calumnies against the jurors.^ The
writ etc.
Novel disseisin^ — Roger de Slene and Juliana his wife
V. Robert de Hoyland and Alina his wife re common of
pasture in Ellale.
Put back to same term at plaintiffs' request.
Novel disseisin^ — John de Bromhyhurst v. Alexander le
Mey re common of pasture in Barton.
Case struck out, Alexander being dead.
' Not in 1239. * Ralph, 1239.
2 1239, m. 38. ^ i.e., have challenged so many.
' Blancebrek, 1239.
6 EDWARD I. 165
Certification} — Ralph son of Adam de Thornnedel v.
Robert de Braddel re tenement in Thornedleye.
Plaintiff did not prosecute; fine remitted, he being nnder age.
Certification} — ^John de Merclough^ v. the Prior of
Birskeouk^ re one acre in Dalton.
The Sheriff was ordered to bring hither this day the 12 jurors of
the Assize of Novel disseisin taken and held before John de Reygate
and William Northburg, Justices assigned at Lancastre, between the above
parties, to certify them upon certain articles touching that Assize. John
and the Prior come and 10 jurors only of the former Assize, and it is
certified that 2 are in Wales. And John, being asked on what articles
he asks that the Justices be made more sure, says that at the former trial
about the said acre (which he held by sure feoffment of John de Orrul),
the jurors found that he was never seised, in that he had not then his
charter by which the jury could certify his seisin ; and he asks that the
jury should deal with their first verdict. The jury, being examined on
this, say a«( before that John was never in seisin. Judgment for defendant,
and John to take nothing by his Certification but is fined for false claim.
Mort cT Ancestor^ — Thomeis son of Hugh de Dalton, in
right of his father v. Benedict Gernet re 8 acres in Dalton.
Benedict says that he claims only through Margaret his wife, who is
not named in the writ. Nonsuit, with leave to proceed by another writ.
Novel disseisin^ — Ellen daughter of Ralph de Egergard
V. Richard Bastard and Adam son of Richard Osebern
re a tenement in Lathum.
Plaintiff withdraws writ by permission.
Mort cC Ancestor^ — Robert son of Warin de Burschou
and Agnes his wife v. Richard son of Peter and Roger
son of Robert re 8 acres in Skelmarisdale.
Plaintiffs did not prosecute ; sureties, Thomas de Leys and Robert his son.
Novel disseisin^ — ^Alice who was wife of Robert de
Tyncler v. Master Richard de Marclane re a third part
of 4 tofts in Wygan.
Defendant absent; sureties, Adam Becke and Benedict de Markelan,
and the Assize proceeds by default. The jury say they have not made
a view of the tofts; so the Assize to stand over till the next coming etc.,
and meanwhile the jury to make view, and the writ etc.
' 1239, m. 38. 3 Briskeuks, 1239.
* Mereohelou, 1239. * Not in 1239.
1 66 LANCASHIRE ASSIZE ROLLS.
Novel disseisin^ — ^John son of Roger de Leuer v. John
son of Enrnia re a tenement in Famewrth.
Dismissed, as John son of Roger is dead.
Novel disseisin^ — Robert son of Robert de Netelham v.
Adam de Prestewyk and others re a tenement in Prestewyk.
Plaintiff did not prosecute; sureties, Adam de Ympetres and Henry
Yelle of Neuton.
Novel disseisin} — Roger de Farneworth, clerk, v. John de
Leure, Adam his son and others re common of pasture in
Farneworth.
Put back to the next etc. unless etc., on plaintifiTs behalf.
Novel disseisin^ — WilHam son of John de Quyke v. Robert
son of William de Bolde, Adam son of Christian, Alan son
of Richard, Adam Chippe, Richard Erne, Richard son of
Henry, William his son and Richard Mannyng re a
messuage, 8 acres of land and 2 acres of meadow, in Bolde.
Robert says that plaintiff held the tenement of him in farm and
wished to alienate it to William le Boteler. Verdict for defendants, with
Judgment.
m, 34. Novel disseisin (Jury of 24)^ — Baldwyn du Lee v. Adam
de Hogton, John his son, Henry Gunnesone, and Adam
son of Henry de Weleton re common of pasture in
AUerton belonging to plcdntiff s freehold in Weleton.
The jury of 24, to convict the jury of 12, come: 11 jurors of the
first jury come, one is dead. Plaintiff alleges that the jury before
Guyschard de Charrun and William de Northburg, Justices assigned at
Wytenton, made a false oath in that they said that Adam and the others
did not disseise him, whereas he stood in good and peaceable seisin of
the said 3 acres of moor and pasture until etc. Adam for himself
and Walter de Mireshou, as bailiff for the other defendants, say that the
Assize at Wytenton was not in article and form as Baldwin complains,
moreover it was under certain agreements made of old between the lords
of AUerton and Welleton; and he asks Judgment on account of the
variation of the complaint which agrees not with the verdict. The jury
of 24 confirm the verdict as good and legal in every way : Judgment
for defendants. Baldwin to custody, but pardoned, being poor.
' Not in 1239. ^ 1239, m. ^$d.
2 1239, m. 37c?.
6 EDWARD I. 167
Mort cC Ancestor^ — Muriel de Cnolal, Margery wife of
Roger son of Richard de Blakebum, Richard son of Robert
de Hepei, William son of Henry Teg and John son of
Walter de Aykysco, in right of Mabel de Cnolal, sister of
Muriel and Margery and aunt of Richard, William and
John V. Richard le Boteler re i\ acre in Chorley.
The plaintiffs Richard, William and John, come not; to be here when
the Justices in Eyre etc., etc.
Novel disseisin^ — William Pottere v. Robert son of Adcim
de Hoyland, Alina his wife, Thurstan de Elhale and Adam
le Neyr re common of pasture in 200 acres in a wood
in Elhale.
Robeai> says that one Henry de Elhale held of him, and that he
distrained for homage and other service in arrear for that pasture, and
that all he claims therein is lordship; and plaintiff says that Henry his
lord, who is mesne between him and Robert, often offered to Robert his
homage for the said pasture publicly in the County Court of Lancastre, but
he refused to take his homage; and Robert caused so many and such
destructions to be done that William cannot use his common and must
recover possession by the King's writ.
Verdict, that Robert often distrained William in the said common for
the homage of the said Henry, who frequently was ready in the presence
of neighbours to do homage to Robert, who would not receive it ; at length
William, led by so many distraints, sued Robert in the County Court of
Lancastre for taking and detaining cattle, which taking Robert pleaded
to be just and good, being on his own severalty, to wit on part of the
common put in view ; and the jury say that, owing to these distraints,
William could not enjoy his common, and that defendants disseised him.
Judgment for plaintiff. Damages 4s. C.
Novel disseisin^ — Henry Latheman v. Robert son of
Emma and others re common of pasture in Waleton.
Plaintiff withdraws writ by permission.
Novel disseisin^ — Roger de Farnwrth Clerk v. Richard
de Reddford, Richard le Cheff of Famewrth, Adam son of
John de Magna Leuere, Adam son of Eve de Presthall,
Henry son of Beatrix, Henry de BlyndeshuU and Matthew
' 1239, m. ^sd. ^ 1239* ^- 36-
* 1239, m. 35.
1 68 LANCASHIRE ASSIZE ROLLS.
son of Syward de Famewrth re common of pasture in 5
acres of moor and heath in one place and 50 acres of
wood pasture in another place, in Famewrth.
Adun son of Eve says that Richard de Reddford and Richard le Cheff
were chief lords of Farnwrth, and when they approved their waste they
gave him as his contingent share the said 5 acres. And Richard and
Richard say that they approved under the Statute of Merton as chief
lords, and that Roger holds in fee and has ample c(Hnmon. Roger says
he holds only 6 acres in Famewrth of the father of the said Adam^ (jsk)
de Reddford, and many tenements in the said viU he holds by mesne of
the fee of Robert de Grelley, and the Statute should not apply.
Verdict, that Roger holds in fee of Robert de Grelley the greater
part of what he holds in the said vill; and of one John («ic) father of
Richard who is still alive, he holds only 6 acres, and of Richard nothing.
Judgment for plaintiff. Damages 2s. G.
Novel disseisin^ — German de Neuham v. the Abbot of
Stanlowe and Geoffrey Byrrun re common of pasture in
60 acres of moor in Barton.
Defendants, by Robert de Schoreswrth their bailiff, say that a year
ago and more German brought an Assize of Novel disseisin against them
for the same common and the verdict was in their favour, and they ask
whether the case should be heard again. German says that the Abbot,
at Cliderhowe, retained by Assize taken there 30 acres of pasture which
he has not now put in view and that an Assize has never passed for
the common now claimed. Verdict, that the common now put in view
is the same as that which was decided at Cliderhow. Judgment for
defendants.
m, 34 dorso. The following cases put back to the next coming of
the Justices of All Pleas in that County imless &c.
Novel disseisin^ — Richard le Norreys v. Richard Trauers,
Henry his son and others re common of pasture in Quystan.
Novel disseisin^ — Henry son of William de Leuere v.
William son of John and Adam his brother re a fence
demolished in Leure.
Novel disseisin^ — Roger de Bradehurst v. Robert de Knol
and others re common of pasture in Rowynton.
' Richard de Retfiford, 1239. ^ Not in 1239.
2 1239, m. 36.
6 EDWARD I. 169
Novel disseisin^ — ^Richard son of Alan de Birchensagh v.
Alan de Byrcheneshaghe and Henry his son re half an
oxgang in Turton.
Defendants admit disseisin and surrender the tenement to Richard,
who remits damages : defendants to custody.
Novel disseisirfi — Richard de Urmeston v. William de
Flixton and others re a tenement in Urmeston.
Plaintiff did not prosecute ; sureties, John de Schorreswrth and
Elioi (erased) William^ son of Thomas de Hurmiston.
Novel disseisin} — Henry de Astelegh* ^.William de Ferrars
Thomas Banastre and others re a tenement in Cherlegh.
Put back to the next etc., as the jury "have not made a view. The
Sheriff instructed that he cause a view to be made in the meantime ; the
writ etc.
Novel disseisin^ — ^William de Heton, Robert de Schores-
wrthe, and Cecily his wife v. John Birun and others re
a dyke set up in Heton.
Plaintiffs did not prosecute ; sureties, Thomas de le Hechylee and
Roger son of Agnes de Heton.
Novel disseisin^ — ^John Haydock v. Adam de Hindelegh,
Isabel his wife, Thomas de Hindelegh,^ Jennet his wife,
Roger del Tvysse and Robert de Parys re common of
pasture in 4 acres of moor and 30 acres of wood in Culchik.
Roger del Twygse says that he holds 10 acres of wood by lease
from one Richard de Kilchild chief lord of Culchilk who approved them,
but who is not named in the writ, so he asks Judgment. Robert says
that one Henry de Parys his son is in seisin of the said 4 acres of moor,
who is not named in the writ, etc. Adam, Isabel, Thomas and Jennet say
that the grandfather of the said Adam® approved and assarted 2 acres
of the said 20, and as to the other 18 that they and the said Richard
are chief lords and joint owners of the vill of Culchik and plaintiff holds
of them in fee, and they plead the Statute of Merton. Verdict for
defendants. Judgment accordingly.
' 1239, m. 37c?. ^ Sic in 1239 also; should be Holcroft ; see p.
2 1239, m. 38. 133.
' Elias, 1239. ® Isabel and Jennet, 1239. In 1238 the original
* Hasteley, 1239 word has been erased and " Adam " substituted.
170 LANCASHIRE ASSIZE ROLLS.
Novel disseisin^ — Richard son of Roger de Worcotesleye
V. Richard son of Geoffrey de Worcotesleye, Agnes late
wife of Geoffrey de Worcotesleye, John le Forester, Richard
de les Bothes, Richard Morsel, Robert le Uncuthemon,
William de Boudon, Roger le Tayllur, Simon del Schath,^
Henry le Tinkeler, William Walewerk,^ John Schreg,* Henry
Palet, John Malumton, Thomas son of Agnes and Richard
son of Rik re common of pasture in 80 acres of arable
land and 28 acres of wood in Worcotesleye, wherein he
has common all the year.
Richard son of Geoffrey, as to the 80 acres, says that plaintiff is in
seisin if he likes ; as to the wood, plaintiff has only put in view 80 acres ; he
is chief lord of Wrketesle, plaintiff is his tenant and has pasture enough,
and he pleads the Statute of Merton. Plaintiff says that Statute should
not harm him, for one Bichard de Workedeley, ancestor of that Richard,
granted to Roger de Workedel his father a certain piece of land in Workedel
with free common and easements in all woods, waters, plains and all
other places except a place called Mokenes, of which he says that though he
may be defendant's tenant, the latter can make no approvements to deprive
him of his common under his ancestor's charter; and he produces a charter
attesting the said gift : moreover he sued Geoffrey de Wrcotel father of
Richard before Roger de Thurkelby and his fellow Justices last in Eyre in
that County, for his common of pasture in that vill, and Geoffrey pleaded
the Statute of Merton, against which he set his charter now produced by
which his father was enfeoffed of a tenement in the said vill with free
conmion and easements in all woods, etc. ; and the Court adjudged that
neither Richard ancestor of Richard nor his heirs could make approvement
without the consent of him the said Richard son of Roger, against the
form and tenor of his charter.
Adjourned^ to the next coming of the Justices in Eyre to these parts,
unless John de Reygate and William de Northburg first etc., and mean-
while the rolls to be searched.
Novel disseisin} — Richard de Bikerstath v. Richard de la
Croyz re common of pasture in 60 acres of land, in
open time, and 6 acres of wood, all the year, in Lathom.
Defendant says that plaintiff was never seised, for he and his father held
the said land and wood to their separate use. Verdict for defendant.
Judgment accordingly.
' 1239, m. 38. * Schireg, 1239.
2 Le Schath, 1239. ' Not in 1239.
' Welleberk, 1239.
6 EDWARD I. 171
Cases put back to the next coming of the Justices of m. S5^
All Pleas in that County, unless John de Reygate and
William de Northburgh shall come first to those parts,
and the writs etc.
Novel disseisin^ — Robert de Hoyland and Elizabeth his
wife V. John de Euyas and Cecily his wife re obstruction
of two ways in Samlisbury.
Novel disseisin^ — Ralph de Mitton v. Robert de
Winkedley re a tenement in Actoa
Novel disseisin^ — Richard le Norreys v. Richard Trauers
and others re a tenement in Wystane.
Novel disseisin^ — Nicholaa de Haselwell v. Robert de
Hoyland and others re a tenement in Speck.
Mori d^ Ancestor^ — ^William son of Nicholas Bussell v.
William Bussell and Adam Bussell son of Nicholas re an
acre of meadow and an acre of meadow {sic), in Euketon.
Novel disseisin^ — Ad-am son of William de Bulling v.
Henry de Huyton and others re a dyke demolished in
Bulling.
Plaintiff did not prosecute; sureties, William le Borre and Robert le
Eskebrenner.
Novel disseisin^ — Adam son of Stephen de Parva Mitton
V. John de Punchardon and others re a tenement in Little
Mitton.
Plaintiff did not prosecute ; sureties, Roger de Walley and Richard de
Rymyngton.
Novel disseisin^ — ^Adam son of Stephen de Parva Mitton
V. Beatrix de Blakebume and others re a fence demolished
in Little Mitton.
Plaintiff did not prosecute; sureties, Roger de Walley and Richard de
Rymyngton.
Novel disseisin^ — ^Alan le Norreys and Margery his wife
V. Robert de Hoyland, Peter de Bumhill, Adam de Biker-
' ia39, m. 38c?.
1/2 LANCASHIRE ASSIZE ROLLS.
Stat, Madoc de Acton, Simon de Bikerstat, Robert de
Wlston, William de Rayneford, John de Ditlon,i William
de Ayntre, Henry son of James de Pemberton, Richard
son of Richard de Urmeston and Alexander Astleghe re
\\ acres in Speck
Novel disseisin^ — Roger de Mulyneus v. Robert de
Hoyland, Adam de Bickerestat, Simon de Bickerstan,
Henry de Pemberton, Maddoc de Acton, Richard de
Westleye, William de Rayneford, Henry de Tyldesleye,
Alexander de Astleye, John de Dytlon,^ Robert de Lauton,
William de Ayntre, Peter de Bumhill and Geoffrey de
Wryttington re 3 acres in Spek.
Robert de Hoyland says that Thurstan de Hoyland his father at the
Assizes last held by John de Reygate and William de Northburg at
Lancaster as Justices assigned sued William de Molyneus, Roger de
Molineaus {erased), Patrick de Haselwelle, Nicholaa his daughter, and those
same Roger de Molyneus, Alan le Norreys and Margery his wife, and one
Henry son of CoUa, by writ of Novel disseisin for disseising him of his
freehold in Hale, 100 acres ; and William, Roger, Adam and one Roger de
Caldry attorney for the others, had pleaded that the tenement was in
Spek not in Hale : and the Jury found that 20 acres were in Hale and
that William disseised Thurstan of the same, and Thurstan recovered the
20 acres. And William de Molyneus brought an attainder against the
jurors for a false verdict, that the said 20 acres were in Hale, which
attainder is impending here before the said John and William, and is
adjourned to the next coming etc. And he asks Judgment whether while
that is impending he ought to answer the present action, and he says
that the tenement now in dispute is part of the 20 acres which Thurstan
his father recovered.
Alan, Margery and Roger, say they are difiFerent persons to William
de Mulineus, and that William was not seised of the tenements they now
sue for when Thurstan sued him, so that he could lose them in anyway;
and they ask that their case may not be retarded by the said attainder
which in nowise touches them. And the said Alan, Margery and Roger
being asked if they were willing that it be verified by the assize which
they have brought whether the tenements they seek be within the 20
acres which were adjudged to Thurstan as being in Hale, or not, they
say no, but precisely ask judgment. And because the Justices wish to be
made certain on that case the matter is adjourned to the coming of the
Justices of all Pleas in that County, unless etc.
' Ditton, 1239. 3 Diiton, 1239.
2 1239, m. 2^
6 EDWARD I 173
a^Sije EoU 1239. ©ibfrs Counties.
6 ((Ritoarli I.
PLEAS OF Assizes and Juries taken at Lancastre m. 35,
on the morrow of the exaltation of the
Holy Cross in the sixth year of the reign of
King Edward [15TH September 1278] before John
DE Reygate and William de Nor[burgh] Justices
Assigned. [Roll of John de Reygate.]
This Roll is a duplicate of 1238, except that the cases are not entered
in the same order. The entries are contained on membranes 35, 35d, 36,
3^^t 37> 37*^> 38, and 38^. Any important variations have been entered in
the notes to the laat Roll, as also the references to the membrane on
which each case aj^ears on this Roll.
1/4 LANCASHIRE ASSIZE ROLLS.
a«»ijr Eoll X244 ^ibn» ffountieis;.
10 (ffiflitoart I.
?n. 40. pLEAS AT MaMECESTRE [MANCHESTER] ON TUESDAY
XT NEXT BEFORE THE FEAST OF THE CIRCUMCISION
OF THE Lord before Sir Roger Loveday and
Master Thomas de Sodinton in the tenth year
OF THE REIGN OF KiNG EDWARD [30 DEC. I281].
H^aniradtre. Novel disseisin (Jury of 24) — John Byron v. Robert
Greleye re 2 parts of the manor of Heton.
Defendant attaints the verdict of the Assize taken at Lancastre before
Geoffrey Aguyloun and Alan de Walkyngham, Justices assigned, to the effect
that William le Noreys enfeoffed John Byron of the said tenement fifteen
days before the feast of S. Michael a© 7 Edward [15 September 1279] and
put him in full seisin, and that he so continued for three days until Robert
disseised him unjustly. Robert says that on the day on which it is said
that John waj9 enfeoffed no declaration thereof was made until Thursday
before the feast of S. Martin next following [9 November 1279] when
John went to the steward of Robert, and asked for entry into the tenement,
clainling nothing therein but for a term of six years ; and the steward
did not dare to allow John to enter his lord's fee, neither in fee nor for
a term, without his lord's permission, and John on the Friday after [10 Nov-
ember] took possession of the tenement. The steward perceiving this sent
his men the same day to hinder John from having seisin ; and John, as he
could in no way get seisin, went to Mamecestre to talk with Robert, and
asked Robert to satisfy him for the costs and expenses he had incurred :
and it was agreed that Robert should pay John 17 marks for bis trouble
and term and for all the rights that he had in the tenement: John, with
William le Noreys to whom the tenement at one time belonged, came and
gave it up to Robert as chief lord of that fee and quitclaimed it to him
and his heirs for ever; so that Robert entered by surrender from John
and William and not by disseisin; and that such wa« the case he asks a
jury of twenty-four.
John and the 12 jurors of the said Assize appear in support of their
verdict and ask enquiry.
lO EDWARD I. 175
Postponed to Sunday next after the feast of the Circumcision of the
Lord [4 January 128 1-2], for lack of jurors. On which day the parties
and the jury come and Robert comes and withdraws himself; so he is
committed to gaol and his sureties to prosecute are fined. Thereupon
come Peter de Bumil, Adam de Biri, Robert le Noreis, Gilbert Suthworthe,
Robert de Welston, Richard de Holton, Roger de Boulton, Roger de
Brodhurst, John de Ainesworth, John de Riland, Richard de Westleie and
Maddok de Acton, and pay fine for the said Robert and his sureties, 100
marks ; sureties, Robert de Hoiland, Peter de Bumil junior, Adam de
Werkilton, Alan le Noreis, Master Richard de Riland, David de Holton,
Hugh de Holton, Richard de Herkilston senior, Hugh de Walston, Adam
de Aspul and Henry del Strete.
Later it is agreed between Robert and John, that John admits the
tenement to be the right of Robert and surrenders and remits it to him
and his heirs quit of him (John) and his heirs for ever. Later, John
acknowledges that he owes to Robert 200 pounds of silver, of which he will
pay 100 marks at Pentecost this year [17 May 1282], 100 marks at the feast
of S. Martin next [11 November 1282], and 100 marks at the feast of
the Purification of the Blessed Mary next [2 February 1282-3], and grants
that the Sheriff may distrain on his lands and chattels etc. Moreover he
finds these sureties — William le Botiller, Robert de Hoylaund, Alan le
Noreys, Peter de Bumhill junior, Adam de Byry, Peter de Bumhill senior,
Gilbert de Sotheworth, Robert le Noreys, Robert de Wlston, Richard son of
John de Houlton, Maddok de Akton, Roger de Boulton, Roger de Brodhurst,
John de Aynesworth, Richard de Westeley and John de Rylaundes, each
of whom admits himself to be principal debtor and grants for himself
and his heirs that, if the said John shall be in default at the payment
of the money at the said terms, the Sheriff shall make distraint on his
lands and chattels etc.
John de Byrun acknowledges that he has remitted, given up and
altogether quitclaimed, for himself and his heirs, to Sir Robert de Gresley
his lord, two parts of the manor of Heton Noreys with all appurtenances,
so that neither be nor his heirs can in future claim exact or prove any
rights in those 2 parts nor in any part of the said manor of Heton Norreys.
In witness whereof he has put his seal to this writing, these being wit-
nesse : — Sir John de Hodeleston, Sir James Byrun, Sir Robert de Lathum,
Sir Henry de Lee, Sir Alan de Sengleton, Sir Richard de Quaghton, Henry
de Trafford, Geoffrey de Chaderton, Richard Punchardun, Alexander de
Pylkyngton and others. Given at Mammecestre on Sunday in Epiphany
in the loth year of the reign of King Edward. [11 January 128 1-2].
DA 070 .L19 .FH v.47, ate,
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