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THREE
YORKSHIRE ASSIZE ROLLS.
THE YORKSHIRE
ARCHAEOLOGICAL SOCIETY.
Founded 1863. Incorporated 1893.
RECORD SERIES.
Vol. XLIV.
FOR THE YEAR 1910.
THREE
YORKSHIRE ASSIZE ROLLS
FOR THE REIGNS OF
King John and King Henry III.
edited by
CHARLES TRAVIS CLAY.
PRINTED FOR THE SOCIETY,
1911.
Q5tii7^
PRINTED BY
J WH.TEHEAI. AND SON, ALFRED STREET, BOAR LANE,
LEEDS.
INTRODUCTION.*
The collection of Yorkshire Assize Rolls in the Record
Office, dating from the reign of King John, is considerable.^
It has appeared preferable to produce in this volume three
rolls in extenso, rather than to attempt judicious extracts
from a number of rolls. From a legal point of view
specimen cases would be superfluous ; and it would require
an arbitrary editor to decide whether Robert of Easby had
a greater claim to appear in print than Hugh of Baildon, or
whether Preston was a more important vill than Coneysthorpe.
There is, indeed, a tedious moi^tony in the ordinary forms of
action ; but these rolls are of distinct value in showing in what
degree certain legal principles, and more particularly the
principle of trial by jury, had become part of English
law as ordinarily administered by the King's justices in the
thirteenth century ; and extracts , are sometimes apt to display
the exception to the rule.
England was in many ways reorganised after the Con-
quest. For judicial and financial purposes, the King, besides
emplo3dng the sheriffs, appointed extraordinary commis-
sioners, " in whom we may see the descendants of the
Carolingian missi and the prototypes of the English Justices
in Eyre."^ A commissioner, for example, is sent to investi-
gate the rights of some great abbey ; or a commission is
appointed to try all pleas of the Crown in certain shires.
As early as Domesday, " justices " make these occasional
circuits*; and the shire court suffers in consequence. The
1 A list of authorities quoted will be found on p. xix.
" A list of those to the end of the reign of Henry III will be found in
Appendix i.
' Davis, p. 33.
« Ibid., p. 523.
VI INTRODUCTION.
Assize of Clarendon, promulgated in 1166, regularised the
practice in criminal justice which had been tentatively begun
in previous years. Robbery, homicide, theft, and the harbour-
ing of thieves are matters which must be brought to the notice
of the royal representatives, on the information of the presenting
juries of the hundreds and the vills.^ And the functions of
these itinerant justices included civil cases ; they were entrusted
with the local supervision of the Grand Assize and the possessory
assizes, novel disseisins, darrein presentments, utrums, and
mort d'ancestors, those assizes which put into actual practice
the cardinal principle of Henry II, that " in any suit relating
to the title or the possession of land, the suitor was to be allowed
an appeal to the Itinerant Justices or the Curia Regis."^ At
the same time, in an age when justice and finance were so
closely related, the collection of royal revenues was no small
an element in their work.
Thus at the end of the twelfth century their labours were
fairly comprehensive ; and of Martin Pateshull, who died
in 1229, Maitland writes that " the amount of hard riding,
let alone justice, that he had done is almost beyond belief."
One result of the system may be noted, an increasing
uniformity in law.
A distinction must, however, be drawn between general
eyres " ad omnia placita," which were ordinarily made at
intervals of seven years, and less comprehensive commissions,
held more frequently, which gradually took their place. For
the general e5nres grew to be increasingly unpopular ; and as
the machinery of taxation became more centralised at West-
minster, their financial aspect became less important. Com-
missions of assize for purely possessory actions were inaugurated,
while for criminal justice, commissions of gaol delivery and
general commissions of "oyer and terminer" were found
to be more efficient. With regard to the first group, Magna
Carta directs that justices for taking the assizes should visit
^ Assize of Clarendon, § i, see Stubbs' Select Charters,
^ Davis, p. 280,
INTRODUCTION, Vll
each shire quarterly/ although annual circuits were deemed
sufficient in the 1217 edition.^ The work of these commissions
was extended by the Statute of Westminster II (1285) ; the
justices were to take the evidence of local juries, who otherwise
would have been compelled to journey to Westminster,*
On almost every page we can see the germs of trial by jury.
But the jurors are not jurors in the modern sense ; they are
but witnesses. They are men personally connected with the
neighbourhood, summoned by a royal official to give upon
oath a true answer to a certain question, whether of fact or,
it may be, of law. They swear that they will not say anything
false nor knowingly conceal the truth*; and, if they have no
special knowledge of the case, others are chosen in their stead.^
The history of trial by jury must trace the transition from
witness to juror, from a body of men who state facts within
their knowledge to a body of men who deliver a verdict after
hearing evidence inside the court.
The origin of these witness jurors has been a matter of some
speculation, and various theories have been propounded
from time to time. As an example of a theory now found to
be erroneous, it is clear that no connection can be traced
with the compurgators of Anglo-Saxon days. These amiable
people were brought in by one of the litigants to swear to the
truth of his oath. They were official witnesses, it is true ; but
only witnesses to character*; and " they have nothing in
common with the jury but the fact that they swear."'
1 " Recognitiones de nova disseisina, de morte antecessoris, et de ultima
presentatione, non capiantur nisi in suis comitatibus et hoc modo ; nos, vel
si extra regnum fuerimus, capitalis justiciarius noster, mittemus duos justiciarios
per unumquemque comitatum per quattuor vices in anno, qui, cum quattuor
militibus cujuslibet comitatus electis per comitatum, capiant in comitatu
et in die et loco comitatus assisas predictas." Magna Carta, § i8.
2 Magna Carta, 1217, § 13.
' This was the origin of " nisi prius." See Maitland, Lectures on Const.
History, p. 139.
* " Quod non falsum inde dicent nee veritatem tacebunt scienter." Glanvill,
De Legibus Anglite, n, c. 17.
^ " Consideratum est quod alii juratores eligantur qui melius sciant rei
veritatem." Quoted from a Wiltshire roll by Forsyth, Trial by Jury, p. 127.
♦Forsyth, p. 83.
' Stubbs' Constitutional History, chapter xiii.
vm INTRODUCTION.
The origin of the jury is further afield ; nor is it to be found
in any democratic institution. "It is," says Maitland, " not
English but Prankish, not popular but royal. "^ And the
theory that these witness jurors of the twelfth and thirteenth
centuries owe their creation to the Prankish inquisitio-^that
sworn inquest which was the prerogative of the Carolingian
kings — ^is now an accepted fact. That the inquest became
an institution in England was almost entirely due to the
Normans ; it was a royal gift, which, unknown to them, was
destined to develop into the " palladium " of EngHsh liberties.
The reservation is necessary, because traces can be found
in England before the Conquest. Thus, for example, among
the laws of Ethelred it is ordained that " a gemot be held in
every wapentake ; and the twelve senior thegns go out, and the
reeve with them, and swear on the relic that is given them in
hand, that they will accuse no innocent man, nor conceal any
guilty one. "2 This has the appearance of a twelfth century
jury of presentment ; but it was not, perhaps, a law of any
generaUty ; it was applicable only in the Danish district. At
the same time, having in view the debt which Anglo-Saxon
law owes to Scandinavian elements, it is quite possible that
some of the Norse nations came by a route of their own to
something like the sworn inquest.^
Be that as it may, the Norman kings were the first to
systematise the inquest in England as an element in the machin-
ery of the central government. By virtue of the CaroUngian
inquisitio, the King's missi summoned sworn witnesses in a
district court, by whose testimony an inquiry could be made
into matters of justice and finance.* These powers were in-
herited by the Norman Dukes. In France the inquest slowly
died, overwhelmed, it is supposed, by the spread of Roman
law.s But in England, after the Conquest, the system was
' P. and M., i, I42.
" Laws of Ethelred, iii, cap. 3.
= P. and M., i, 143 ; cf. also Vinogradoff, English Society in the Eleventh
Century, pp. 6-8.
* Stubbs' Constitutional History, i, 613.
6 P. and M., i, 141.
INTRODUCTION. ix
gradually developed. It was at first, however, confined to
matters of supreme importance ; and, for the most part, was
employed in the interests of the Crown. In 1080, in a landsuit
at Ely certain Englishmen were chosen to say upon oath
all that they knew of the matter. And the Domesday Inquest
took the form of a general inquiry through every hundred and
every vill, a special jury, if we may use the term so early,
being empanelled for every hundred. But not until the reign
of Henry II was the inquest or recognition — the terms are
synonymous — extensively employed in the realms of justice.
After the anarchy of Stephen's reign was over, a further
centralisation in administration, and more especially in justice,
took place. Feudal privileges were curtailed ; and greater
scope was given to the royal courts. There the inquest was
introduced as a normal method of procedure.
In criminal cases it was employed as a jury of accusation.
Henry II ordained the system for ecclesiastical courts in Nor-
mandy in 1159 and in England in 1164.1 Two years later,
under the Assize of Clarendon, the jury of accusation or present-
ment becomes prominent in the secular courts. Twelve men
of every hundred and four men of every vill presenting those
suspected of robbery, homicide, and theft or the harbouring
of thieves, swear that they will speak the truth^; and those
presented in this manner will go to the ordeal.*
With regard to civil cases, it was ordained in the Constitu-
tions of Clarendon* that the method of recognition be employed
to settle, in cases between ecclesiastical and lay claimants,
whether {utrum) the land in question belonged to the Church
or to a lay fee. By the assize of "novel disseisin" in 1169, a body
of twelve " legales homines " was summoned to answer " yes "
or " no " as to whether A disseised B of a tenement, " injuste
ei sine judicio." In that of " darrein presentment " an inquest
1 " Et si tales fuerint qui culpantur, quod non velit vel non audeat aliquis
eos accusare, vicecomes requisitus ab episcopo faciet jurare duodecim legales
homines de vicineto, seu de villa, coram episcopo, quod inde veritatem secun-
dum conscientiam suam manifestabunt." Constitutions of Clarendon, § 6.
2 Assize of Clarendon, § i.
^ Ibid., § 2.
* § 9. This was the origin of the assize " utrum."
X INTRODUCTION.
of neighbours declare who last presented to a living ; and in
that of " mort d'ancestor " whether the dead man died seised
of a particular holding. In 1179, by the Grand Assize, which
concerned question of ownership as opposed to the earher
possessory assizes, the defendant might refuse battle with
the claimant and put himself upon the assize.
In the agenda of the general iter of 1194, the method for
electing these " jurors " may be seen.^ Four knights, them-
selves elected by the whole county (that is, in county court),
shall elect two lawful knights from each hundred or wapentake,
who in their turn shall elect on their oath ten knights from their
respective hundreds or wapentakes, or, if knights fail, lawful
and free men. These twelve from every hundred or wapentake
shall answer concerning all the capitula. And these capiiula
include pleas of the Crown^ and all recognitions^; and, in-
cidentally, grand assizes in which land worth a hundred shilHngs
and less is at stake.* That is to say, they are to do recognitions
in both civil and criminal cases. We have arrived at a stage
of recognition in one form for every purpose.
But, as has been already indicated, these jurors are still
but witnesses. They make statements of fact, presumably
within their knowledge, knowledge which they have acquired
outside the court. Their truth may be disputed ; recourse
may be had to a further body of twenty-four ; and if the
original twelve are convicted, they are convicted of perjury, ^
for having sworn to facts which the twenty-four declare to be
untrue. Trial by jury is still in its infancy ; and the petty
jury is still unborn. We must first be rid of the older methods
of proof.
In criminal cases the customary method of procedure was
by " appeal,"* a private appeal of the injured or of his close
'■ Stubbs' Select Charters, p. 259,
■' Ibid., § I.
3 Ibid., § 2.
» Ibid., § 18.
5 Frequent examples occur in the text ; a charge for the privilege of
having a jury of twenty-four was usually made ; see p. 59.
« The word had not acquired its modem significance of an appeal from one
court to a higher.
INTRODUCTION. xi
relations ; but the process of indictment by sworn neighbours
is, as we have seen, becoming a rival to the older method of
bringing criminals to justice ; and soon it will emerge
victorious. Centralisation widens the functions of the State.
Crime must be regarded as a national affair, the criminal as
a danger to society.^
At the same time, civilisation is bringing a surer method
of proof. The idea that " might is right " may not altogether
be based on justice grows more powerful ; and the arm of the
strong man makes way for a studied verdict of the country.
Thus the duellum, practically a Norman innovation, tends to
disappear ; and the Lateran Council of 1215 condemned the
ordeal.
Progress, however, is gradual. In Glanvill's day the accused
must fight, unless he be maimed or his years too many, when
he goes to -the ordeal. But the assize, increasing its sphere
of usefulness, will be permitted to settle preliminary questions
of fact, whether, for example, the appeal is brought by hatred
and malice {per odium et atiam), or whether an alibi can be
rightfully established. These exceptiones, pleaded in defence,
are capable of extension. And in Bracton's day the accused
is allowed a definite choice between the duellum and the " coun-
try." A further stage is reached in Edward's reign, when
to put oneself upon the country {ponere se super patriam)
is practically compulsory ; for refusal begets peine forte et
dure^; an illustration of the manner in which our cherished
hberties have been thrust upon us.
Trial by jury is now close at hand. But the exact origin
of the petty jury is wrapped in comparative obscurity. It is
certain that the question of actual guilt in a criminal trial
was sometimes put to the presenting jury, a jury of another
hundred, and the juries of the four neighbouring vills^; but
1 Maitland, Pleas of the Crown for the County of Gloucester, p. xxxvi.
2 For an account of this transition see Maitland, op. cit., pp. xxxvi-xl.
3 P. and M., ii, 648, where examples may be found. An unusual variation,
a presentation by the " juries of the four townships," occurs in the text, p. 41.
It is also clear that the same jury might discharge both the functions of accuser
and trier. Forsyth (p. 200) quotes from a Northumberland roll of 21 Henry III,
that " predicti juratores sint in misericordia quia contrarium presentaverint
in veredicto sue." But it is doubtful if this was a practice of any regularity.
xii INTRODUCTION.
we dare not say that the latter assumed an entirely different
function from that of the presenting jury.i It is possible that
some such transition as the following took place. The notion
arose that a man's indictors, though originally they had sworn
that he was merely suspected {rettatus), would not be absolutely
impartial if it came to the question of " guilty " or " not guilty";
and a second body must be summoned. At the same time,
however, as the general eyres declined in importance, the
neighbouring hundreds and vills ceased to appear of necessity ;
no body of men, therefore, was at hand with the requisite
local knowledge ; thus any body might be called upon to
pronounce a verdict, after they had heard individual witnesses,
collected for the purpose, inside the court. This body became
the petty jury; and these jurors were both impersonal and
impartial, jurors in the modern sense.
At all events, by the reign of Edward III criminal trials
had assumed their modern form.
In civil cases also the assize had thrown off its aspect of
a body of mere witnesses, and had become a jury competent
to sift evidence and to decide on any questions of fact which
might occur during the course of the trial. Such a transition
is easy of accomphshment. The defendant may bring forward
exceptiones in support of his claim ; he may produce a charter ;
he may vouch his court to warranty ; these things will influence
the sworn men in arriving at their decision. They may even be
asked by consent of the parties to test the value of plea and
counter-plea ; and soon previous knowledge will no longer
be regarded as essential. At the same time, juries may now
be summoned by mutual consent in the course of an action
which has been begun by another method than that of the assize
(where recognitors are provided for by the original writ).
The " going to the country " spreads outwards from the assize,
and assisa vertitur in juratam.
Many of these points find illustration in the text. The
jurors at first were merely witnesses, with a preliminary supply
^ Maitland, Pleas of the Crown for the County of Gloucester, pp. xliii-xliv.
INTRODUCTION. Xlil
of knowledge ; "on their oath they testify this "i; " therein
they will speak the truth of the matter, and that the truth
of the matter being heard, the Justiciars shall judge '"^■, they
say that a certain common " is in Dalton and not in
Elvetemere "^■, they give a circumstantial account of a dis-
seisin.* Indeed, on one occasion when a single witness appears
and says that he himself is in seisin of the tenement in question,
and was in seisin before the writ was obtained, the jurors know
better. 5
They grow competent to answer incidental questions, as
in the example just quoted. They are called in by consent
of the parties to answer questions of fact in cases where they
are not summoned at first by the original writ.^ They may be
convicted of perjury by a body of twenty-four', and be com-
mitted to gaol.* And an interesting step in the conversion
of the assize into the jury appears when the jury give a reason
for their verdict depending on some exceptio brought forward
by the defendant. One example will suffice. In a novel
disseisin concerning a tenement in Rawden^, the defendant,
Richard de Ledes, maintained that " the plaintiff never was
in seisin of the said land, except only in respect of the service
of the said land." This seems to have satisfied the jurors,
who gave judgment for Richard accordingly.
The growth of the system and its transition stages may also
be traced in the criminal cases. The vill of Holme is in mercy,
because it has not presented A B for judgment ; the next entry
is a private appeal.^" Rainer de Garton appeals John de
Drewton of wound ; " et hoc offert, etc."; which in extenso
signifies that he offers to prove this against him by his body
as the court shall consider {et hoc offert probare versus eum per
1 See pp. 56, 92, 112.
2 See p. 20.
" See p. 60.
* See p. 71.
* See p. 106.
" See pp. 62, 85, 93, 98, 99, 100, 102, 129, 134.
' See pp. 5, 55, 92, 107, 109.
' See p. 125.
' See p. 78 ; cf. also the case of the advowson of Calverley, p. 22.
" See p. 30.
XIV INTRODUCTION.
corpus suum sicut curia consider averit); John, however, apparent-
ly not anxious to fight, puts in an exceptio as a maimed man ;
indeed, he had probably brought forward this plea previously
coram rege, and had been granted the privilege of " his country "
on the pajmaent of forty shillings.^ Incidentally, the form of
an appeal must be precise ; a wound should not be described
as violence. On the other hand, Wilham son of Roger is allowed,
for the consideration of one mark, to have an inquisition in the
first instance. 2 And at a later date Walter son of Robert de
Pickering, accused of the death of Ralph the Mercer, who was
killed in Scarborough, puts himself on a jury of the vill for good
and ill ; and the jurors say that he is guilty.*
But we need something more definite in regard to " novel
disseisins " and " mort d'ancestors," which play so conspicuous
a part in these pages. They are possessory as opposed to
proprietary actions ; and " that action is possessory if it will
leave open the question whether the successful plaintiff has
better right to the land than the vanquished defendant."*
The procedure in the novel disseisin, which was doubtless
suggested by the canonists' actio spolii, was distinctly speedy :
there is no pleading at issue ; the assize Mdll be taken by default
if the defendant does not appear ; and the questions addressed
to the jurors are formulated before the assize is taken.^ These
questions took this form : Did A disseise B without process
of law {sine judicio) within the period of the assize ? With
regard to this period of limitation, in Normandy the rule ob-
tained that the assize must be demanded within the year after
the ejection ; in England, Glanvill informs us that the period
depended on the King's last passage to Normandy ; later, as
appears in our text, on the King's coronation*; in 1236, coram
rege, it was provided that the limit should depend on the King's
1 See p. 32.
^ See p. 34.
' See p. 136.
* P. and M., ii, 73.
5 Ibid., ii, 48.
* See pp. I, 4. On p. 123 there is a curious, and probably very unusual,
variation—" within the summons of the iter of R. de Thurkelby."
INTRODUCTION. X.V
crossing to Brittany (May, 1230) i; and finally the year 1242
was chosen, defining the limit of the assize until the days of
Henry VIII. ^ Occasionally an anomaly arose. If A disseised
B, four days were granted to B in which he might eject A ;
if B failed to eject A within the four days he must bring the
assize ; but if he persisted and ejected A after the four days
were over, then A could bring the assize and wrongfully might
be reinstated.
In the mort d' ancestor the inquiry took this form : {a) was
the father or other ancestor seised in his demesne as of fee —
this was opposed to the " ut de jure " of a writ of right — on
the day on which he died ? (6) did he die within the period of
limitation ? and (c) is the plaintiff the next heir ?
In Glanvill's day the limit of the assize was the Coronation
of Henry II ; in 1236, the last return of King John from Ireland
to England^; and in the Statute of Westminster I (1275),
the Coronation of Henry III.*
Now, in both these assizes the pleas of the defendant must
in no way be proprietary. In a novel disseisin he may urge
that the plaintiff never has been in seisin of the land of which
he complains to have been disseised ; or in a mort d' ancestor
he may urge that the plaintiff has an elder brother who is still
living ; in neither must he claim a better right. The wording
of the case must be precise ; Bouloudewra is a place and not
a vilP; common " appurtenant " must not be described as
" appendant."^
Variations sometimes occur. A disseisin may take the form
of raising a dam to the nuisance of a free tenement'; in a mort
d'ancestor " the day on which A died " may appear as " the
day on which he set out on a journey," during which he died.*
In later days these assizes were capable of much extension.
' Bracton, Note Booh, iii, 230.
2 P. and M., ii, 51.
' Bracton, Note Book, iii, 230.
* See Chadwyck-Healey, Somerset Pleas, p. Ixv.
* See p. 49.
« See p. 76.
■'e.g. p. 46.
8 See p. 16.
XVI INTRODUCTION.
The monotony of the rolls is sometimes pleasantly broken.
There is (p. 21) an interesting claim to the advowson of the
church of Calverley by Roger le Scot. But Hamo, the Treasurer
of York, maintains that the church is not vacant, as the advow-
son is attached to the chapel of St. Mary, " of which chapel
he himself is seised by the gift of the said Roger the Archbishop";
and he produces a charter which may be found in the " His-
torians of the Church of York and its Archbishops "^; this
charter alludes to a gift by William le Scot, Roger's grandfather ;
and Hamo wins his case.
A more straightforward " darrein presentment " appears
(p. 85) in a case concerning the advowson of the church of Bilton,
the evidence turning on whether the Prioress of Sinningthwaite
or Gundria Haget made the last presentation. The case of
the Scarborough merchants (p. 117) and the consequent pubUca-
tion of regulations for the buying and selling of merchandise ;
the mention of a royal charter granting the manor of Palsgrave
to the burgesses of Scarborough (p. 127) ; the career of the
manor of Towton (p. 95) ; the royal writ concerning the vill
of Kilham (p. 27) ; the working of the Provisions of Merton
with regard to the approvement of waste (pp. 57, 84) ; a
medieval passive resister at Scarborough (p. 100) ; and the
damage — if the translation is a correct one — caused by the
manoeuvres of territorials (p. 4) ; these are matters which
will repay attention.
There is a curious abbreviation, which thrice occurs (pp. 85,
99, 134), referring to the summoning of a jury when such has
been demanded by mutual consent. The sheriff is ordered
to summon twelve men who have no affinity to the parties,
by whom the said recognition shall be made, and for making,
the recognition in the said form, since both the said parties
have put themselves on the country — xii qui nullam afflnitatem
partibus habeni, per quos recognitio predicta fieret, et ad recogni-
tionem in forma predicta faciendam, quia tarn partes predicti
super patriam se posuerunt.
1 iii, p. 76. Rolls Series. " Providimus tarn ex largitione nostra quam
quorundam fidelium unde imperpetuum susteutari possint ...... de
dono Willelmi Scoty, ecclesiam de Calverley."
INTRODUCTION. xvii
One case requires a special note. It is a " mort d'ancestor "
between Alice de Bugthorpe and John de Arnold (p. 126). The
jurors say that Alice, the mother of Alice, the plaintiff, " died
seised of the messuage and land in her demesne as of fee, and
after the term." No " term " had been mentioned previously ;
but it seems probable that Alice, the mother, had granted
a term of years to the defendant, which had expired before her
death. John had held over after his term had expired ; and
this constitutes the " unjust detention."
And now something of the rolls themselves. The first
(pp. 1-42) is a collection of fragments for the reign of King
John. These fragments can be dated with some certainty.
There appear to have been four " iters " during the reign\
though not necessarily iters ad omnia placita, viz.: —
I. 1202, before John Grey, Hugh Bardolf, John de
Gestlinges, Master Roger Arundel, Hugh de Bobi,
and Wilham FitzRichard ; sat at Doncaster,
June 29-July 30 ; and at York, July 30-Dec. 4.
II. 1203-4, before Geoffrey FitzPeter, Simon Pateshill,
Hugh de Chaucumbe, Joscelin de Welles, and
Master Ralph de Stokes ; sat at York, Feb. 19-
Feb. 28.
III. 1206, before Robert de Vipont, Master Ralph de
Stokes, Master Eustace de Faucunberge, Master
Roger Arundel, WilUam de Percy, and Walter
de Bovington ; sat July 25-Sept. 23.
IV. 1208, before Adam de Port, Simon Pateshill, Godfrey
de Insula, Henry de Northampton, Henry Fitz-
Hervey, Robert de Percy, Alexander de Poynton,
and Ralph Hareng ; sat at Doncaster and York,
Sept. 29-Oct. 13 ; at Doncaster, Oct. 4 ; and at
York, Nov. 2-Nov. 14.
Comparing certain entries with corresponding fines^, it
is evident that the first five membranes belong to the second
1 See W. Brown, Yorkshire Fines for the reign of King John (Surtees
Society), introduction, p. xi.
? See pp. 7, 9, 10, 15. 24-
xvni INTRODUCTION.
of these iters ; and from a mention of the 8th and gth years
of the reign^, the remaining membranes probably belong to
the fourth.
The second roll (pp. 43-87) comprises cases which form part
of the work done on the iter of 1251. The commission to the
justices — S., Bishop of Carlisle, R. de Thurkelby, the Abbat
of Selby, Gilbert de Preston, and Adam de Hilton — gave power
to hear and determine all pleas in the county of York ; they
were to be at York for this on the morrow of Michaelmas ;
and the Sheriff was ordered to have all pleas and their attach-
ments before them on that day, with all other things which
ought and are accustomed to come before justices in eyre.^
The roll includes cases connected with the hberties of S. Mary
and S. Peter.
The third roll (pp. 88-139) refers to an iter held in the 44th
year of the reign of Henry III. Assizes and pleas were taken
at Malton, and later at Scarborough and at Beverley, before
Hugh Bigod, the Justiciar. His instructions are not to be
found in the Calendar of Patent Rolls ; but the iter was probably
one ad omnia flacita ; and the roll includes pleas of the
Crown and pleas of the forest.
It is probable that each justice had his own roll, and that
the rolls followed the justices on their travels.* They were
regarded as authoritative ; they could prove that seisin had
previously been recovered*; and agreements were inserted
to act as evidence for the future.
In conclusion, there is a recognition needed of another sort.
I desire to express my sincere thanks to Mr. W. Paley Baildon,
for much patient help of every kind, especially for checking
the transcription of the first roll and for supervising the work
of transla:tion ; to Mr. Wilham Brown, for valuable assistance
in the identification of places ; and to Miss Stokes and to Mr.
iSee p. 37.
2 Cal. Patent Rolls, Henry III, Aug. 16, 1251.
' The first roll went to Bridgwater and to Lichfield ; see pp. 17, 19.
* See p. 12?.
INTRODUCTION. XIX
Ratcliff, of the Public Record Office, for many suggestions
with regard to obscure passages. In addition, Miss Stokes
undertook the work of transcribing portions of the first two
rolls.
CHARLES TRAVIS CLAY.
July, 1911,
LIST OF AUTHORITIES.
W. Forsyth : Trial by Jury {1852).
H. W. C. Davis : England under the Normans and Anjevins.
Stubbs : Constitutional History, 2nd edition.
Stubbs : Select Charters, 2nd edition.
Pollock and Maitland : History of English Law, 2nd edition (" P. and M.").
Maitlaud : Lectures on Constitutional History.
Maitland : Pleas of the Crown for the County of Gloucester (1884).
Maitland : Bracton's Note Book.
VinogradofE : English Society in the Eleventh Century.
Chadwyck-Healey : Somerset Pleas (Somerset Record Society, 1897).
W. Brown : Yorkshire Fines (Surtees Society, vol. xciv).
CORRIGENDA.
uPage lo, line 19, for<" Puteae' " read " Puteac'."
t/Page 30, note, for " clergye," read " clergy."
l-Page 123, line 6 from bottom, for " Killing," read " LiUing.'
w-Page 125, line 8, for " Alton, "\gad "Acton."
J.P.J.
UNDATED ASSIZE ROLLS OF THE
REIGN OF KING JOHN (No. 1039).
Memb. i.] The assize comes to recognise if Landric son of Oswald
unjustly and without judgment disseised Nicholas the Smith
of his free tenement in Dunum^ after the coronation of the
Lord King at Canterbury.
The jurors say that he [Landric] so disseised him. Judg-
ment : let Nicholas have his seisin ; and Landric be in mercy.
Damages : 2 shillings ; amercement : half a mark ; by the
pledge of Roger de Tunstal.
Geoffrey son of Alan, who brought an assize of novel disseisin
against Roald his brother concerning a certain mill raised in
Aldeburgh, now comes ; and he withdrew and put himself in
mercy. And his pledges for the prosecution are likewise in
mercy, to wit Geoffrey son of Geoffrey and Thomas son of
Adam de Brumton.
Henry de Brunum, who brought an assize of novel disseisin
against Richard Malebisse concerning his free tenement in
Silton, came and withdrew and put himself in mercy for half
a mark, by the pledge of Geoffrey Fossard. And be it known
that Richard restored to him his seisin.
The assize comes to recognise if Landric and Dolfin and
Eluric and Anabel de Nostrefeld,^ WilUam son of Patric, Richard
son of Stephen, John the Miller, unjustly and without judgment
disseised Gernagan de Tanefeld of his common of pasture in
Tanefeld, which belongs to his free tenement in the same vill,
within the assize.
The jurors say that they so disseised him, to wit of common
of pasture of wood, to wit of the herbage. Judgment : let
Gernagan have his seisin ; and the others be in mercy.
Damages : 2 shilhngs ; the amercement of each : half a
mark ; by [the pledge of] ... .
Be it known that Nicholas de Boulers undertook to have
them before the Justiciars ; and did not have [them]. There-
fore he is in mercy.
' Probably Doncaster, though an unusual form.
2 Nosterfield, near Masham.
A
2 YORKSHIRE ASSIZE ROLLS.
Geoffrey son of Geoffrey brought an assize of novel disseisin
against Roald Constable concerning common of wood in
Wacewich,! which belongs to his free tenement in Hutteswell j^
and he withdrew and is in mercy. And his pledges likewise,
to wit Geoffrey son of Alan Constable, and Ralph son of
William de Barton.
The assize comes to recognise if Alan Malekake and Adam
and Hugh his brothers unjustly and withoirt judgment disseised
Juliana and Helena, daughters of Arnald, of their free tenement
in Pikering within the assize. And Alan comes and says that
the assize ought not to be made because he himself claims
nothing in that land except the custody through Ralph de
Normanvill the sheriff, who says that, after the decease of the
father of the said Juliana and Elena, their mother remained
with them in that tenement and wasted all their chattels ; so
that the Lord King could not have their service which he ought
to have from that tenement, nor could he find anything in that
fee whereof a distraint could be made for having that service.
Wherefore he [the sheriff] by the counsel and consideration of
the Wapentake [court] seised that land into the hand of the
Lord King, as is the custom of the vill. It is considered that
the assize shall remain. And the sheriff is ordered to bring
them according to the custom of the vill of Pikering.
Thomas de Fegerbi,* against whom Roger de Torenton*
brought an assize of novel disseisin concerning his free tenement
in Risewic,^ came and acknowledged the disseisin ; Eind restored
to [Roger] his seisin. And he is in mercy. The damage
[assessed] by the jurors : half a mark ; the amercement : i mark ;
by the pledge of Alan de Crachal.^
The assize comes to recognise if Maude, who was the wife
of Hugh son of Jernagan, unjustly and without judgment
disseised Robert de Esebi' of his free tenement in Esebi after
the coronation of the Lord King at Canterbury.
The jurors say that she did not so disseise him. Judg-
ment : let Robert be in mercy for a false claim ; [he is] a boy.^
^ Waitwith, in the township of Hipswell.
^ Hudswell, on the Swale, near Richmond.
^ Fearby, near Masham.
* Thornton.
'^ Ruswick.
" Crakehall, near Bedale.
' Easby, near Richmond.
' Puer, probably an error for pauper.
YORKSHIRE ASSIZE ROLLS. 3
The assize comes to recognise if William de Corneburci
unjustly and without judgment raised a certain hedge in Gilling
to the harm of the free tenement of Geoffrey de Eton in the
same vill within the assize.
And the jurors say that he [William] so raised the hedge.
And the judgment : let the hedge be pulled down and William be
in mercy for one mark.
Damages : 12 pence.
And be it known that this assize was taken at the door of
the church of S. Mary of York by reason of the liberty which
that church has.^ The pledge for the amercement [is] Richard
de Wivill. Richard de Wivill gives half a mark not to swear.
Margery the wife of Stephen puts in her place Stephen
her husband against Simon le Loreng in a plea of assize etc.
Wilham Hareng, Simon de Newebi, Hugh Cook the Cham-
berlain, William son of Geoffrey, Adam son of Agnes, prayed
on the Friday next before the chair of S. Peter^ to replevy their
lands which had been taken into the hand of the Lord King for
their default against Geoffrey Lutrel and Frethesent his wife.
The Abbat of Kirkestal on the same Friday prayed to
replevy his land in Hoton which had been taken into the
hand of the Lord King for the default of Alexander son of
William against the said Geoffrey and his wife
[m. irf.] Theassizecomestorecogniseif Alexander brother of Suniva[?]
the widow was seised in his demesne as of fee of one bovate of
land with appurtenances in Scakerthorp* on the day on which
he died etc. Which land Reynold Basset holds, who comes
and says that she [Suniva] had a certain brother Reynold by
name who was her brother and the brother of the said Alexander
by one father and one mother, and that the said Reynold had
sons who are still surviving ; and if the said Suniva ought to
have any right in that land, those sons of Alexander^ ought to
have a greater [right]. And Suniva acknowledged that she
had a brother whose sons hve. And therefore that assize
remains ; and she takes nothing by it.
1 Cornbrough, in the parish of Sheriff-Hutton.
2 A Hberty was an exempt jurisdiction ; and pleas concerning it had
sometimes to be held within it (see P. and M., i, 583). Gilling in Ryedale was
in the liberty of St. Mary's, York.
» The feast of Peter at Rome, or Chair of St. Peter, falls on Jan. 18.
* Scagglethorpe.
^ In error for Reynold.
4 YORKSHIRE ASSIZE ROLLS.
The assize comes to recognise if Alice sister of Heilewis
Dairel was seised in her demesne as of fee of one bovate of land
with appurtenances in Queldric^ on the day on which she died,
etc. Which land Walter de Mikelesfeld and Beatrice his wife
hold, who come and say that the assize ought not to be made,
because the said Heilewis was formerly seised as of that [land]
which she had disseised them, so that they themselves brought
an assize of novel disseisin against her before Hugh Bard[olf|,
Roger Arundel and their fellows, and before them had recovered
seisin thereof. And of this they put themselves on the Jus-
ticiars. And Heilewis says that never had they recovered that
land nor any other [land] by an assize against her.
And Roger de Arundel, with the whole county and also
with certain jurors who had made the said assize, bears witness
that Walter brought an assize of novel disseisin against the said
Heilewis and a certain Nicholas ; and [that] the assize was
taken. And the jurors said that Heilewis and not Nicholas
disseised him [Walter].
The assize comes to recognise if William de Livet, Geoffrey
de Avemus, Richard de Mellers', William de Hurtevent, Elias
the Reeve, Ralph Purcell, Anketis the Reeve, William son of
Eng', Richard his brother, Reynold son of the steward, Gerard
his brother, Robert son of Akus, William his brother, Hugh
de Morlay [?], Roger de Chfford, Alan his brother, William de
Cliff', Ehas de Cliff', Richard Harding, Adam de Crocwell,^
William his brother, Robert son of Orm, Ehas the Miller, EHas
de Cunesburc,^ Vivian his brother, Osbert the Mason, Robert
son of Hugh, EUas Brown, Swa[y]n Spileman, unjustly and
without judgment disseised Theobald [son of ] Walter of his
free tenement in Edlinton* after the coronation of the Lord
King at Canterbury.
And the jurors say that they so disseised him, because they
trod down his com by having a guard there [?; cum war da facta].
Judgment : let Theobald have his seisin and the others be in
mercy.
Damages : 2 marks. Hugh son of Robert, William de
Morthinges, undertook that the damages should be paid.
The assize comes to recognise if Philip^ bishop of Durham
unjustly and without judgment disseised the Abbot of Egleston
1 Wheldrake.
^ Crook-hall, in the parish of Edlington.
' Conisbrough.
* Edlington, near Doncaster.
'Philip of Poitiers, Bishop of Durham, 1195; died probably in 1208
(seeDict.Nat.Biog.). -^
YORKSHIRE ASSIZE ROLLS. 5
of his free tenement in Kilventoni within the assize. It is put
in respite until three weeks after Easter before the King if he
shall be in England ; and if he shall not be [in England] at
Westminster at the same term : because the jurors bore witness
that they did nothing just therein nor were they summoned
before the Enday next before the chair of St. Peter. And the
summoners, asked if they made the summons, said that they
had no order for making the summons. The same day is given
for the recognitors. And the bishop puts in his place Robert
de Rokingham and Geoffrey de Auclent or Jukel de Smitheton
or Master Gregory.
The sheriff was ordered to seize into the hand of the Lord
King six bovates of land in Santon^ which Alan de Santon
recovered against Norman de Insula by an assize of novel
disseisin, in which the said Norman complained that a false
jury had been made therein ; and to summon twenty-four jurors
to be before the Justiciars to convict of perjury the recognitors
of the said assize of novel disseisin.
And the twenty-four come who, sworn, say that Norman
did not disseise Alan as the recognitors of the novel disseisin
said. And therefore it is considered thkt Norman do recover
his seisin and Alan be in mercy.
The names of the jurors of the novel disseisin are Thomas
de Tannester, Robert de Spaldinton, William de Daivell,
Thomas Hay.
The assize of mort d'ancestor between Geoffrey Lutrel
and Frethesent his wife, plaintiffs, and the Brethren the
Knights of the Temple and Jordan de Hordbir' and Agnes
his wife, concerning four bovates of land with appurtenances in
Hottune,* remains by licence of the Justiciars, because Geoffrey
Lutrel and F[rethesent] his wife wish to obtain a better [? writ],
as they say.
[m. 2.] The Prior of Mialton, summoned that he should have
before the King a charter, if he had one, from Robert
Fossard, comes and says that he has none from him.
The Abbat of York, summoned for the like, says that he
has no charter from the said Robert.
The Prior of Watton, summoned for the like, says that he
has none.
1 North Kilvington, near Thirsk.
^ Sancton, near Market Weighton.
* Hooton Pagnell.
6 YORKSHIRE ASSIZE ROLLS.
Gilbert de Middelton against whom Avice, who was the wife
of Roger de Middelton, seeks the third part of one bovate of
land with appurtenances in Middelton as her dower, comes and
renders to her that third part to be held in the name of dower.
Alice who was the wife of Francus seeks against Roger son
of Ranulf one toft with appurtenances in Sneinton^ as her dower
by the gift of the said Francus late her husband. And he
[Roger] said nothing why she should not have her dower ; and
therefore it is considered that she do have her seisin thereof.
Agreement between William Briewere and Helewise de
Stutevill,^ tenant, concerning the admeasurement of dower of
the said Helewise which she had from Hugh de Morevill late
her husband, to wit that the said William quitclaimed to the
said Helewise the whole manor of Chircosward^ with appur-
tenances and the whole manor of Lesingebi* with appurtenances.
And the said Helewise released and quitclaimed to the said
William the whole manor of Hisale^ with appurtenances. And
as to the knights be it known that the said Helewise retained
the service of Roger de Bello Campo without division, and
against that service .quitclaimed to the said William the
service of Robert de Budecaster and Richard de Niweton
without division. And the residue of all the other knights
must be shared by lot so that the lady Helewise has a third
part of the service and William Briewere two parts.
William de Vesci who essoined himself by reason of illness
against Robert son of Walter in a plea of land informed the
court that he had not been viewed,^ and was convalescent ;
he prayed leave to get up, and had it.
Maude who was the wife of William seeks against Robert
de Alverton and the Prioress of St. Stephen' one toft with appur-
tenances in Tresc^ as her dower which belonged to her of the
free tenement of William formerly her husband. And Robert
1 Snainton, near Scarborough.
2 She was daughter of Robert de Stutevill, lord of Liddel] and Cottingham.
She married (i) Wilham de Lancaster, who died 1184; (2) Hugh de Morvill,
who died 1201 ; and (3) WilUam, son of Ralph de Greystoke, who died 1210
(see pedigree in Yorks. Arch. Journal, xxi, p. 68).
" Kirkoswald, near Penrith.
* Lazonby.
= Hessle, where the Stutevill family held land (see Kirkby's Inquest, p. 89).
* See Appendix II.
' See Yorks. Arch. Journal, ix, p. 334.
8 Thirsk.
YORKSHIRE ASSIZE ROLLS. 7
holds nothing of that land in demesne as the said Maude
acknowledged ; and the Prioress, who holds the land, comes
and vouches to warranty Robert de Alverton. Let her have
him on the coming of the Justiciars.
Warin de Vesci for default half a mark. Roger de Capetot
for the like half a mark. They essoined themselves and had
a day for their essoin ; but made a fine so that they remain. '^
William Harengel, who had three bovates of land and two
tofts with appurtenances in Hoton, came and acknowledged
that that land and the tofts were the right of Frethesent and
Isabella daughters of William Painel ; and for this acknowledg-
ment Geoffrey^ the husband of Frethesent granted to him
two bovates of land from that land with a toft belonging to
those two bovates of land, to hold for his whole life for one pound
of pepper and doing forinsec service.*
William son of Geoffrey, who held two bovates of land with
appurtenances in the same vill, came and rendered to the said
Geoffrey and Frethesent and Isabella one of the bovates ; and
the other remains to him to hold in fee to himself and his
heirs for the service of half a mark yearly and doing forinsec
service.*
[m. 2rf.] Thomas de Yoltorp* gives to the Lord King one mark for
licence of concord^ by the pledge of Robert Brown (Brum).
This is the final concord made between William de Mobrai
and Adam de Stavelai, to wit that the said Adam acknowledged
to the said William the whole of his forest in Lonesdal with
appurtenances [to be] free and quit so that all beasts of the
woods and all birds who seize other birds shall remain to the
said William and his heirs without any retention for ever.
And be it known that the said WilUam de Mobrai granted to
the said Adam and his heirs by his gift that he shall take with
his dogs the hare and fox in the said forest. In hke manner
be it known that the said Adam quitclaimed for himself and
1 They paid a fine for their default, and the case " remains," i.e. stands
over.
' This is Geofirey Lutrel (before mentioned), who married Fretliesent,
daughter and coheiress of WiUiam Painel. Frethesent remarried Henry de
Newmarch.
' See Appendix II.
* Youlthorpe, near Pocklington.
' See the fine between Thomas and Nicholas dc Joltorp, Feb. 26, 1203-4,
printed in Yorkshire Fines, p. 87.
8 YORKSHIRE ASSIZE ROLLS.
his heirs to the said WilHam and his heirs all the forest of
Mewich' in wood and pasture with all its appurtenances, saving
reasonable estovers^ to Adam and his heirs and his men of Ingel-
ton and the two Benethaim^ for building and burning, to be
taken by view of the foresters of the said Wilham and his heirs ;
and saving the pannage of Adam's own pigs and those of his
men from the three said vills. And the beasts of the said
Adam and his heirs and his men of the said vills shall go to pasture
in the same forest everywhere by day, so that by night they
shall return to the said vills so as not to remain by night in the
said forest ; in such a manner however, that the men of Adam
and his heirs of the two Benethaim^ shall have in the said forest
twenty mares with their foals {secta) up to two years old both
by night and by day ; and they shall fold their mares when
they shall wish to fold them and take them by view of the
foresters. And be it known that the said William and his
heirs shall make lodges {logas) and vaccaries (vaccarias) in
the said forest of Mewid where they shall wish, saving
reasonable entry and exit for the cattle of the said Adam
and his said men for pasture. And the cattle of the
lord William and his men of Burton shall common with
the cattle of the said Adam and his men of the said vills
of the two Benethaim^ outside the com and meadow :
and when com and hay is removed they shall common every-
where with the said cattle. Moreover be it known that three
vaccaries, namely Querneside and Suterscales and Birbladewith,
shall remain to the said Adam and his heirs with wood and
meadows and pastures and all appurtenances. And the hermit-
age (?) shall remain waste, so that no house shall be there except
by the licence of William de Mobrai, saving the woods and
meadows and pastures to Adam and his heirs. And the said
Adam shall build no other vaccary nor lodge except in these
three places, nor enclose any meadow except the meadow which
was enclosed before this concord. And the gallows and pit,
which the said Adam claimed to have in Sedbergh, he quit-
claimed for himself and his heirs to William de Mobrai and his
heirs, so that Adam and his heirs shall have none there for ever.
^ See Appendix II. " High Bentham and Low Bentham.
YORKSHIRE ASSIZE ROLLS. 9
ASSIZES TAKEN AT YORK BEFORE G. FITZ PETER
AND HIS FELLOWS.
[ni. 3.] The assize comes to recognise if Roger Lewalur unjustly
and without judgment disseised Simon de Fislake of his free
tenement in Fislake -within the assize.
The jurors say that he did not so disseise him. Judgment :
Simon is in mercy for a false claim. The same jurors when
questioned said that Gilbert de Wistan disseised him and
delivered that tenement to the said Roger.
The assize comes to recognise if Akary de Oustwic^ unjustly
and without judgment disseised Alexander de Clapehamme of
his free tenement in Oustwic within the assize. Akary
replies that he disseised him by the judgment of his court.
And questioned by the Justiciars whether he now had his
court to warranty, admitted that [he had] not. Judgment ;
Akary is in mercy for disseisin ; and let Alexander have his
seisin.
Damages : 3 shillings. The amercement of Akary : 40
shillings.
The assize comes to recognise if Roger son of Lefwine
unjustly and without judgment disseised Geoffrey son of
Lefwine of his free tenement in Cuningestorp^ within the assize.
The jurors come and say that Roger son of Lefwine had
seisin thereof by William de Stutevill ; and [that] Geoffrey
was disseised by the said William. Judgment : Geoffrey is
in mercy for a false claim. He is pardoned because he is poor.
The assize comes to recognise if Adam brother of Beatrix,
the wife of WilUam son of Ernald, was seised in his demesne
as of fee of three bovates of land with appurtenances in Treton^
on the day on which he died ; and if he died etc.; and if the said
Beatrix is his next heir ; of which land William son of Jordan
deforced her. They made an agreement* so that one bovate
remains to the said William and Beatrix except a messuage,
and in exchange for the messuage they have a certain curtilage,
to be held from the said William [son of Jordan] paying therefor
1 Austwick, near Settle.
^ Coneysthorpe.
' Treeton, near Rotherham.
♦ Printed in Yorkshire Fines, p. 81 (Feb. 23, 1203-4).
10 YORKSHIRE ASSIZE ROLLS.
twelve pence and doing forinsec service. ^ And the said William
and Beatrix give half a mark for licence of concord.
The assize comes to recognise if Huctred father of Arnald
was seised in his demesne as of fee of half a carucate of land
with appurtenances in FoUfait^ on the day on which he died ;
and if he died after the first coronation etc ; and if the said
Arnald etc.; of which land Walter son of Hugh and Elyas de
Opeton^ deforced him. They made an agreement.* And Arnald
gives half a mark for licence of concord.
The assize comes to recognise if Horm father of Richard
de Torp was seised in his demesne as of fee of one acre of land
with appurtenances in Bolrunesflat on the day in which he
died ; and if he died etc.; and if the said Richard etc.; of which '
land Wilham de Sutton deforced him.
The jurors say that the said Horm did not die seised.
Judgment : Richard is in mercy for a false claim ; and let
William hold in peace.
Elaria Trussebut puts in her place Ralph de Den' against
Henry de Puteas'^ in a plea of land in Withton.* William
de Aubeny puts in his place Ralph son of Simon against the
same [Henry] in the same [plea].
The assize comes to recognise if William father of Elyas
was seised etc., of one carucate of land with appurtenances in
Torneton on the day on which he died ; and if he died etc.;
and if the said Elyas etc.; of which land Geoffrey archbishop
of York deforced him.. They made an agreement.' And Elyas
gives half a mark for Ucence of concord.
The assize comes to recognise if Ketel father of Wilham de
Scotton was seised in his demesne as of fee of two bovates of
land with appurtenances in Grafton on the day on which he
died ; and if he died etc.; and if the said William etc.; of which
land John Burgemun' and Robert Rat deforced him. And John
Bargemun' essoined himself. And Robert Rat comes and says
that he holds the whole land from John ; and he puts himself
on the judgment of the court as to whether he ought .to answer
without the said John, since the said William claims to hold
1 See Appendix II.
' Follifoot, near Knaresborough.
" Hopperton.
* Printed in Yorkshire Fines, p. 82 (Feb. 23, 1203—4).
5 A note on p. 139 of Yorkshire Fines says that he was son of Hugh de
Puiset, Bishop of Durham, and Adelis de Percy.
" Probably Weeton, in the parish of Harewood.
' Printed in Yorkshire Fines, p. 81 (Feb. 19, 1203-4).
YORKSHIRE ASSIZE ROLLS. 11
that land from another. Judgment : let him have a day
on the coming of the Justiciars. The same day is given to
John through his essoin.
The assize comes to recognise if Robert father of Aubrey
was seised in his demesne etc., of tw'o bovates of land with
appurtenances in Nuscap (sic) on the day on which he died ;
and if he died etc.; and if the said Aubrey etc.; of which land
Aicusa daughter of Grundus and Theobald son of Geoffrey
deforced her.
The jurors say that the said Robert died thus seised and that
the said Aubrey is his next heir. Judgment : let Aubrey have
her seisin ; and Aicusa and Theobald be in mercy. They do not
"come nor do they essoin themselves.
The assize comes to recognise if Roger uncle of Peter de
Birkine was seised in demesne etc., of one carucate of land with
appurtenances in Horsford and of two carucates of land
with appurtenances in Kikel'^ on the day on which he died ;
and if he died etc.; and if the said Peter is the next etc.; of
which land the Abbat of Kirkestal and Roger son of Richard
deforced him. And the said Abbat comes and says that he
holds the whole of the said land to farm from the Prior of
HeraveroP and [that] Roger holds the land, which he holds,
from the said Abbat and of the said farm.
The assize comes to recognise if Robert father of Maude the
wife of Adam de Mora was seised in his demesne as of fee
of one bovate of land with appurtenances in Bretton on the
day on which he died ; and if he died etc.; and if the said Maude
etc.; of which land the Prior of Bretton deforced her. Who
comes and says that the assize ought not to proceed, because
the said Adam and Maude were seised thereof after the death
of the said Robert ; and that this is so he puts himself on the
jury. And the said Adam and Maude say that they were not ;
and of this they put themselves in like manner upon the jury.
The jurors say that the said Adam and his wife were seised
thereof after the death of the said Robert. Judgment : the
said Adam and Maude are in mercy for a false claim ; and let
the Prior hold in peace.
The assize comes to recognise if Robert the uncle of Adam
son of Ranulf and of Peter de Daggingehal was seised etc., of
one acre of land with appurtenances in Timberholm on the day
^ Keighley.
2 Haverholm, in Lincolnshire (see Thoresby Society, xv, 225).
12 YORKSHIRE ASSIZE ROLLS.
on which he died ; and if he died etc.; and if the said Adam
and Peter are the next etc.; of which land Elyas de Waddeworth
and Emma his wife deforced them. Adam the plaintiff is dead ;
and Emma the tenant essoins herself. On the coming of the
Justiciars.
The assize comes to recognise if Richard Scriptor and
Wimarc his wife, and Thomas Bnin and Richard his son, and
Philip son of Wilham, unjustly and without judgment disseised
Hugh the Smith of his free tenement in Tocwith within the
assize.
The jurors say that the said Thomas and Wimarc and
Richard and Philip and [not] the said Richard disseised him.
Judgment : let the said Hugh have his seisin.
Damages : i8 pence. And the said Wimarc^ and Thomas
and Richard and Philip are in mercy for disseisin ; and Hugh
Ukewise is in mercy for a false claim ; the amercement of
Hugh : half a mark.
The assize comes to recognise if Hugh father of Holfrid
was seised in his demesne as of fee of eight acres of land with
appurtenances in Beln'^ on the day on which he died ; and if he
died etc.; and if the said Holfrid etc.; of which land Simon de
RohaP deforced her. And Holfrid the plaintiff is dead and
Emma her daughter continues the writ ; and the Lord King
ordered that therefore it do not remain, but that the assize
be taken in the presence of Emma daughter of Holfrid.
The jurors say that Holfrid and her husband were seised
thereof and Emma admits this ; and therefore let the assize
remain.
Margery wife of Stephen puts in her place the said Stephen
against Simon le Loereng in a plea of assize etc.*
William Hareng, Simon de Newby, Hugh Cook the Cham-
berlain, William son of Geoffrey, and Adam son of Agnes,
prayed to replevy their land on the Friday next before the feast
of Peter in Cathedra which was seized into the King's hand for
their default against Geoffrey Luterel and Frethesent his wife.*
The assize comes to recognise if Richard de Warrewic and
Nicholas his son unjustly and without judgment disseised
Adam de Hoton of his free tenement in Munkiton'^ [?] within
the ;issize.
^ Above the name is wi-itten : " perdonatur quia pauper.''
2 Balne, in the parish of Snaith.
^ Rowall.
* These entries are repetitions (see above, p. 3).
^ Monkton.
YORKSHIRE ASSIZE ROLLS. 13
The jurors say that they did [not] so disseise him. Judgment :
Adam is in mercy for a false claim ; and let Richard and
Nicholas hold in peace.
The jurors say that they cannot give more than half a mark.
The assize comes to recognise if Walter de Soureby [?], and
Ralph de Hoyland and EUzabeth his wife, and Hugh the gate-
man [janitor] and Mabel his wife, and William Frebois and
Ydonia his wife, anjustly and without judgment disseised
Wilham de Edingeham^ and Adelina his wife of their free tene-
ment in Heselereton within the assize.
The jurors say that they so disseised them. Judgment :
The said Walter, Ralph, Ehzabeth, Hugh, Mabel and William
are in mercy for disseisin ; and let William and Adelina have
their seisin.
Damages : 5 shillings. The amercement of Walter de
Soureby : half a mark. The amercement of Ralph de Hoyland :
half a mark. The amercement of Hugh the gate-man : half a
mark. The amercement of William Frebois : half a mark.
The pledges of the said [people] who made the disseisin are
likewise in mercy because they have not come.
The assize comes to recognise if Geoffrey Balloc unjustly
and without judgment disseised Michael de Cave and Wimarc
his wife of their free tenement in Cave within the assize. And
the said Geoffrey, questioned if he knew anything to say
against the assize, said that the judgment of his court took
that tenement into his hand for "default of his service ; and he
brought his court to warranty thereof and that which was
testified to the court.
[m. 3rf.] The assize comes to recognise if James de Scireburn and
John his son and William son of Rabel and Geoffrey the
man of James and Thomas de Crou'^ and William Palmer and
Roger son of Richard de Scireburne and Walter Daly and
Thomas his son and William son of Osbert and Robert Sunt
and Thomas son of Osbert and William son of Dorewen and
Alan Godrich [?] and William Carebred unjustly and without
judgment disseised the Brethren of the Hospital of Jerusalem
of their free tenement in Scireburn* within the assize.
The jurors say that they so disseised them. Judgment :
all the disseisors are in mercy for disseisin.
Damages : half a mark by the pledge of Gilbert the clerk
of Berketorp.*
1 Yeddingham, in the wapentake of Buckrose. ^ Croom, near Sledmere.
' Sherburn, E.R, * Barthorpe-Bottoms, in the parish of Acklam.
14 YORKSHIRE ASSIZE ROLLS.
The assize comes to recognise if in the next place all the
same unjustly and without judgment disseised Maude de
Scireburn and Hugh her son of their free tenement in Scireburn
within the assize.
The jurors say that they did not disseise her. Judgment :
Maude is in mercy for a false claim. Her amercement : half
a mark. The amercement of Hugh is pardoned because he is
poor.
The assize comes to recognise if Richard de Helperthorp
unjustly and without judgment disseised Robert de Helper-
thorp of his common of pasture in Helperthorp, which belongs
to his free tenement in the same vill, within the assize.
The jurors say that he so disseised him. Judgment :
Richard is in mercy for disseisin ; and let Robert have seisin.
Damages : 12 pence. The amercement of Richard : half
a mark.
The assize comes to recognise if Thomas father [of Thomas]
was seised etc., of two bovates of land in Aclum on the day on
which he died ; and if he died etc.; and if the said Thomas
etc.; of which land Stephen de Brunum [?] deforced him.
The assize comes to recognise if Hervey the Miller and
Emma his wife unjustly and without judgment disseised Ralph
de Brifel of his free tenement in Driffeld within the assize.
The jurors say that they so disseised him. Judgment :
Hervey is in and Emma is in mercy for half a
mark for disseisin.
Damages : 12 pence.
The assize comes to recognise if Robert son of William
unjustly and without judgment disseised Beatrix wife [? of
. . . .] of her free tenement in Driffeld within the assize.
The jurors say that he so disseised her. Judgment: let
Beatrix have seisin and Robert be in mercy.
Damages : 3 shillings ; and the amercement : half a mark,
by the pledge of Yvo the Clerk.
The assize comes to recognise if Rabel father of WilUam
was seised in his demesne as of fee of one rood of land with
appurtenances in Farebum on the day on which he died ; and
if he died etc.; and if Rabel etc.; of which land Ralph son of
Emald deforced him. And Ralph says that he does not hold
that land except at a yearly farm from the Canons of Wattun.
YORKSHIRE ASSIZE ROLLS. ] 5
And th6 Prior, of the house comes and says Hkewise. Judgment :
let him [Rabel] seek another writ and Ralph be quit thereof.
The assize comes to recognise if Ralph^ brother of Stmiva [?]
the widow was seised in his demesne as of fee of one bovate of
land with appurtenances in Scakeltorp^ on the day on which
he died; and if he died etc.; and if the said Suniva etc.; of
which land Reynold Basset deforced her. And Reynold says
that the assize ought not to be made thereof, because the said
Suniva is his native and the son [? daughter] of his native. And
this she denies ; and she produces the charter of William Basset
concerning a gift of the said William to Alexander her brother
whose- heir she is, as- she says. And Reynold says that, if that
land ought to descend hereditarily the said Alexander had an
elder brother who had a son who is his villein ; he says that
Alexander was his -villein, and that that charter ought not to
harm him because it was made by his adversary, and that he
is not the heir of William Basset, and that [it should be] asked
whether Alexander had a brother. , ,
Richard Brito gives to the Lord King half a mark for licence
of concord.^
The assize comes to recognise if William Albalister, father
of Agnes and Hawise de Ganedale, was seised in his demesne
as of fee of half a carucate of land with appurtenances in
Ganedale* on the day on which he died ; and if he died etc.;
and if the said Agnes and Hawise etc.; of which land the nuns
of Wilborfossa^ deforced them.
The jurors say that he [William] was not so seised. Judg-
ment : Agnes and Hawise are in mercy for a false claim, and
let the nuns hold in peace. The amercement of Agnes : half
a mark.
The assize comes to recognise if Richard father of William
was seised in his demesne as of fee of one bovate of land with
appurtenances in Gave on the day on which he died-; and if
he died etc.; andif the said William etc.; of which land Geoffrey
de Reslon [?] deforced him. Who says that William was seised
of that land after the death of his father, Richard. And
Wilham denies this ; and of this he put himself on the jury.
And Geoffrey likewise.
1 Apparently an error for Alexander (see above, p. 3).
^ Scagglethorpe.
' Probably for the fine concerning lands in Brompton ; printed in Yorkshire
Fines, p. 81 (Feb. 19, 1203-4).
* Givendale, near Pocklington.
5 The Benedictine nunnery of Wilberfoss, near Pocklington.
16 YORKSHIRE ASSIZE ROLLS.
The jurors say that he [Richard] was not seised. Judgment :
William is in mercy for a false claim ; and let Geoffrey hold in
peace.
The assize comes to recognise if Gerald father of Thomas
was seised in his demesne as of fee of half a carucate of land
with appurtenances in Andlaneby^ on the day on which he
died; andif he died etc.; and if the said Thomas etc.; of which
land WilHam son of Peter deforced him.
The jurors say that he [Gerald] was not so seised. Judg-
ment : Thomas is in mercy for a false claim ; and let Wilham
hold in peace.
The assize comes to recognise if Gerald father of Thomas
was seised in his demesne as of fee of half a carucate of land
in Santun^ on the day on which he died ; and if he died etc.;
and if the said Thomas etc.; of which land William son of
Alexander deforced him.
The jurors say that he [Gerald] was not so seised. Judg-
ment : Thomas is in mercy ; and let William hold in peace.
The assize comes to recognise if Ralph brother of Thomas
was seised in his demesne as of fee of one bovate of land with
appurtenances in Lundun on the day on which he set out on
a journey etc.'; and on what journey [he died] ; and if that
journey etc.; andif the said Thomas etc.; of which land Dionisia
daughter of William the chaplain deforced him. And Dionisia
says that Ralph his brother was seised thereof, and Thomas
after the death of Ralph ; and of this she put herself on the
jury; and Thomas likewise.
The jurors say that Thomas was [so] seised. Judgment :
Thomas is in mercy for a false claim ; let him be pardoned
because he is poor ; and let Dionisia hold in peace.
Beatrix, who was the wife of Richard, seeks against Alan
son of Thomas her reasonable dower, ^ to wit the third part of
land with appurtenances in Hekinton, which falls to her in
respect of the free tenement which belonged to Richard son
of Thomas, formerly her husband. And Alan comes and says
that Richard her husband was not seised thereof on the day
on which he married her, nor ever afterwards ; and of this he
put himself on the jury ; and she hkewise. And afterwards
she produces suit which testifies that he [Richard] was seised
thereof on the day on which he married her. Judgment :
[blank].
1 Anlaby, near Hull. ^ Sancton. * See Appendix II.
YORKSHIRE ASSIZE ROLLS. 17
ALSO AT BRUGES.i
Richard de Perci offered himself on the fourth day against
Roger de Karleton in a plea that he [Roger] should allow the
said Richard to have his wood of Moisquid in peace, in which
the said Roger claims common, and in which the said Roger
ought to have no common, as the said Richard says. And
Roger does not come nor essoin himself. And the summoning
was testified. Judgment ; let him be attached to be before
the King on the morrow of the close of Easter etc.
An agreement between Thomas de Queninton, plaintiff,
and William son of Wido, holder, concerning half a hide of
land and appurtenances in Lincumbe, to wit that the said
Thomas acknowledged the said land to be the right of the said
Wilham ; and [that] the said William for that recognition
granted to the said Thomas a virgate of land and appurtenances
in Lincumbe, to wit half a virgate of land which Robert Ruffus
holds and another half a virgate from his demesne in the same
vill ; [to hold] with the sister of the said Thomas to the son
and heir of the said William, to wit Walter ; in such a manner
that if the said Walter shall happen [to die] before he shall
have married that sister, another son of the same William, his
heir, shall marry her ; and [if] any ill shall happen to the first
sister of the said Thomas before she be married, the son and
heir of the said William shall marry another sister. And be
it known that the son and heir of the said William and the
sister of the said Thomas shall be in the wardship of the said
WilUam with the said marriage portion until
[m. 4.] William son of Ernald [is amerced] half a mark for a trespass,
to wit because he produced one woman instead of another, by
the pledge of Gilbert de Tadeb
It is recorded by the sheriff, together with the county [court],
that Siward de Lindele^ complained that Richard de Brerton*
'■ Bridgwater seems to be the most probable interpretation. It appears
as Brug Walteri, and sometimes as plain Bruges, in Somerset Assize Rolls.
Further, the second of these two cases appears to belong to Somerset, in
which county is the vill of Lyncombe (see Bracton's Note Book, ii, p. 672).
The Editor of Somersetshire Pleas (Somerset Record Society) has not included
this entry in his volume ; and so, as a pleasing example of mediaeval match-
making, its appearance here may be permitted.
^ Lindley, near Otley.
" Brearton, near Knaresborough.
18 YORKSHIRE ASSIZE ROLLS.
seized 'and imprisoned him and took away his chattels to the
value of thirty marks, albeit he is a free man and a free tenant
of Mauger le Vavassur, so that he was delivered by the sheriff,
and his beasts were likewise delivered by the same. And
Richard himself was summoned to be at the county [court]
to answer therein ; and each of them came to the county [court],
and Siward complained in the county [court] of the said wrong.
And Richard said that he seized him justly as one who is his
villein and whose chattels are his ; , and thereof he produced
villeins, who were of the progeny of the same Siward, by whom
he was prepared to show that he [Siward] is a villein. And
Siward denied the villeinage ; and he produced free men by
whom he wished to prove that he was a free man.
This being heard, the sheriff and the county [court] post-
poned that plaint to the coming of the Justiciars, because it
was not in their power to hold that plea.^ And peace was given
meanwhile to the said Siward in respect of hi^ body and his
chattels. And not long afterwards the said Richard again
seized the said Siward and his beasts and chattels, which before
had been dehvered by the sheriff, and in respect of which peace
had been given to him until the coming of the Justiciars by
tlie sheriff and county [court] ; and he kept him in custody
(fermina) for some time. But at length he dismissed him ;
and he [Siward] immediately came to the court and sought
letters of Sir G. FitzPeter for replevying his beasts, and that
he should be justly brought to the county court in respect
thereof ; so that the sheriff sent a serjeant of the King to
deliver his beasts, before whom, as the same serjeant testified,
very many lawful men being present, the said Richard confessed
that he had six beasts and that he would not deliver them, but
have them lawfully where and when he ought as the said Siward
gave them to him.
And Richard came before the Justiciars and confessed the
first seizure, both of Siward's body and of his chattels, and
that he [Siward] replevied them by the sheriff, but never after-
wards.
It is considered that Richard do restore to the said Siward
the chattels which he took, and be in mercy, and he may sue
before the Justiciar on his coming, if he wishes [to do anything]
against the said Siward in respect of villeinage. And be it
known that Richard came and acknowledged before the
Justiciars almost all the chattels which he took, and which the
1 The principle that the sheriff in county court is incompetent to judge
whether a man be free or unfree is recognised by Bracton (see fol. 1056).
YORKSHIRE ASSIZE ROLLS. 19
sheriff has enrolled. And if he [Richard] can record [them, so]
that he can have a plea, let them be returned to him. He could
not do it. The sheriff is ordered to cause [Siward] to have
both the chattels admitted and the others. ^ The amercement
of Richard : three marks ; by the pledges of Ralph Mauleverer
and Richard de Ricton.
A day is given to the attorney of Robert de Cornham and
the Abbat of York and the Prior of St. Oswald,^ concerning
churches which the said Robert claimed against them, on the
morrow of the close of Easter, by Peter de Roches before the
King wherever he shall be in England ; and if he shiall not be
in England, at Westminster.
William Ramkil is in mercy for disseisin, to wit half a mark ;
by the pledge of Samson le Seler.
Adam of St. Mary [is in mercy] for default : half a mark ;
by the pledge of Thomas de Wilton.
Hugh de Heland for default : half a mark.
Thomas Bacun for the hke : half a mark.
William son of Richard for the like : half a mark.
AT LICHEFELD.
Geoffrey Lutrel and William de Stok[es], put in the place
of Frethesent his [Geoffrey's] wife, and Godfrey de Craucumbe,
put in the place of Isabel sister of Frethesent, offer themselves
on the fourth day against the Prioress of Hampol, who essoins
herself for illness ; and a view was made by four knights, who
were ordered to testify their view and what day they put for
her before the King on the Sunday before the feast of St.
Gregory. And then two of them, to wit Wilham son of Guy
and Hugh de Scaucebi, do not come or essoin themselves. And
therefore it is ordered that they be attached to be before the
King on the morrow of the close of Easter etc. The same day
is given to the two knights, concerning the same, to wit Robert
Malet and Hugh de Mikelbrink, in banco.
^ The point of this, which is very obscure, seems to lie in the fact that
chattels could only be sued for if described.
« Nostell.
20 YORKSHIRE ASSIZE ROLLS.
[m s ] The assize of mort d'ancestor between Robert son of Pain,
plaintiff, and Robert the Carpenter, holder, concerning three
acres of land with appurtenances in Gnaresburc,i is postponed
to the coming of the Justiciars, because Robert the tenant
does not come of essoin himself. And therefore let him be
summoned again.
Peter son of Ralph, John son of Benedict, Adam de Clessebi,
brought an assize of novel disseisin against Hugh Murdac and
many others, concerning their free common of pasture in Croft.
And they do not go on. And therefore [they are] in mercy ;
and their pledges likewise. Be it known that nothing is found
on the back of the writ.^
Lambert Pictor, against whom Herbert de Mildebi* brought
an assize of novel disseisin concerning his free tenement in
York, came and acknowledged the disseisin ; and he puts
himself in mercy. The damage is pardoned. The amercement :
half a mark ; by the pledge of the said Herbert.
The assize comes to recognise if Ralph [? son] of William
Ranckil unjustly and without judgment disseised Ralph
Francigena and Maude his wife of a toft with appurtenances
in York, after the coronation of the Lord King at Canterbury.
And the jurors say that therein they wiU speak the truth
of the matter, and that the truth of the matter being heard,
the Justiciars shall judge. However the jurors say that the
said William Ranckil brought a writ of right against Ralph
and Maude in the portmoot {in portimoto) ; and [that] at length
Ralph and Maude came and vouched to warrant the son of the
same Maude, who was present and who warranted to her ; and
[that] immediately that son sold that land to the said William
for one mark of silver ; and [that] when they saw this the said
Ralph and Maude forbade the said William to buy this land,
and the son of the said Maude to sell it ; and that the land was
Maude's inheritance, and not her son's.
And Maude and her husband come and well acknowledge
that they were in plea in the portmoot ; but [that] they never
vouched Maude's son to warranty, because that land is the
right of Maude.
The jurors, asked about this, say that that land is the right
of Maude and not of her son. And therefore it is considered
1 Knaresborough.
2 i.e. the names of the pledges were not endorsed.
' Milby, near Boroughbridge.
YORKSHIRE ASSIZE ROLLS. 21
that Ralph and Maude do have their seisin ; and that Wilham
[sic) be in mercy.
Damage [assessed] by the jury : 4 shiUings.
The assize comes to recognise if Bele, who was the wife of
Reinfrid, and Michael de Duninton and Thomas and Adam
sons of Reinfrid, and Robert Dod and Jordan the Milner, and
Richard son of Lefnath, unjustly and without judgment dis-
seised John son of Reinfrid of his free tenement in Daninton/
within the assize. And afterwards they made an agreement
by licence, by which Bele quitclaimed to the said John that
dower for three marks. And Gilbert the serjeant undertook
to cause the said Bele to hold that land until John shall have
given the three marks to her.
The assize comes to recognise what patron in the time of
peace presented the last parson, who is dead, to the Church of
Calverley, which is vacant as is said, the advowson of which
Roger le Scot claims against the Archbishop of York and
H[amo] the Treasurer of York. And the attorney of the
Archbishop comes and says that he claims nothing in that
advowson, nor does he claim anything in that church except the
custody as of one which is vacant ; and that the said Treasurer
deforced him of that custody. And the said H[amo] says that
the assize ought not to be made therein, because that church is
not vacant ; inasmuch as he is the parson of that church, as
of that which Roger, Archbishop of York, assigned to the chapel
of St. Mary which he built on the gate next the mother-church
of St. Peter, of which chapel he himself is seised by the gift
of the said Roger the Archbishop ; and he produces the charter
of the said Roger the Archbishop, in which it is contained that
for the sustenance of the priests and clerks serving in the said
Chapel of St. Mary, he [the Archbishop] provides for them
many things both from his own gift and from the gift of
others, amongst which he numbers the Church of Calverley
of the gift of William Scot ; it is contained also in that
charter that the said priests and clerks ought to receive
their sustenance by the hand of the sacristan of the said
chapel of which the said [Hamo] is sacristan. He also
produces another charter of the said Archbishop Roger, in
which it is contained that he gave and granted to Hamo,
the Precentor of York,^ the sacristanship of the said Chapel
1 Dunnington, near York.
' Apparently Hamo the Precentor was subsequently Hamo the Treasurer.
He was Treasurer 1204-1216.
22 YORKSHIRE ASSIZE ROLLS.
of St. Mary, so that he should therein arrange and order the
service, and minister to the chaplains and deacons and sub-
deacons according to that which he has drawn up for them in
respect of food and clothing in his charter, to wit in the charter
which he [Hamo] first produced. Also he says that the Lord
King formerly ordered that the Dean and Chapter of York
should not answer concerning anything which belongs to their
church, for as long as there is discord between the Archbishop
and the Chapter, so that by that order they have often gone
without day in many plaints before the Justiciars. To the
first objection the said Roger [le Scot] answers that the said
Archbishop unjustly confirmed to them the said church, because
he was never in seisin thereof, nor could he give it ; but [that]
his grandfather, 1 William Scot, was seised thereof and presented
two clerks, to wit Alexander and Jordan, who died parsons in
that church ; and of this he seeks a jury.
It is considered that the assize should not remain.
The jurors say that William Scot, grandfather of the said
Roger Scot, gave that church to Roger, Archbishop of York,
and that the said Alexander and Jordan were never parsons
of the said church. Judgment : let the said H[amo] hold ; and
Roger be in mercy.
Muriel, who was the wife of Robert, offered herself on the
fourth day against Everard son of Robert, touching the third
part of two bovates of land with appurtenances in Pokelinton,
which she 'claims in dower of the gift of Robert, formerly her
husband. And he [Everard] has not come or essoined himself ;
and the summons was testified. Judgment : let that land
be seized into the hand of the Lord King, and the day of the
seizure [be certified] etc. And let Everard be summoned to
be at the coming of the Justiciars for this etc. And Muriel
puts in her place Geoffrey de Ponte, her father.
Gemina, who was the wife of William, offered herself on the
fourth day against Alexander de Cleseby and Sarra his daughter
in a plea of half an acre of land with appurtenances in Clesebi,
which she claims in dower against them. And they have not
come or essoined themselves ; and the summons was testified.
Judgment : let that land be taken into the hand of the Lord
King, and the day of the seizure [be certified] ; and let them [the
defendants] be summoned to be at the coming of the Justiciars
etc. And Gemina puts in her place William her son.
1 In the roll avus is written above pater, which is crossed out.
YORKSHIRE ASSIZE ROLLS. 23
The assize of mort d'ancestor between Peter de Birkin,
plaintiff, and Roger de Birkin and the Abbat of Rivall/ tenants,
concerning one carucate and a half of land in Schilenton,^
remains, because Peter and Roger are brothers of one father
and of one mother. And let Peter seek against Roger a writ
of right, and against the Abbat a separate writ, if he wishes.
The pledges of John Butvinte [?]— to stand to right and that
he may not go away from the court^ without the King's leave,
in a matter that he brought before the King certain men who
falsely essoined Ralph de TiUi against Eustace de Vesci— are
Ralph de TiUi and Yvo de Rodham.
Robert Walensis came to the court and gave up to Roger
Pictavensis land which belonged to Robert his brother, whereof
he complained that he deforced him.
Simon de Niwela* came and gave up to Geoffrey Lutrel and
his wife and his wife's sister one bovate of land . . . with
appurtenances in Hoton, for two marks which Geoffrey must
give him.
Humphrey Francus gave up to them six acres of land with
appurtenances in the same vill ; and the said Geoffrey . . . one
acre which before for six shillings.
[m 5 rf.] Leticia, who was the wife of Thurstan, claims against Yvo
de Garton the third part of one bovate of land with appur-
tenances in Cave as her dower of the gift of Thurstan, formerly
her husband. And Yvo comes and does not deny that she was
endowed thereof and that it is her dower ; nor does he show
any defence. And therefore it is considered that she do have
her dower, to wit the third part of that bovate of land.
Lecia, who was the wife of Walter, offered herself on the
fourth day against Cecilia and Isabel and Beatrix, daughters
of Walter, concerning her reasonable dower, to wit two bovates
of land with appurtenances in Ebreston^ of the gift of Walter,
formerly her husband, in the same vill. And they have not
come or essoined themselves. And the summons was testified.
Judgment : let the land be taken into the hand of the Lord
King, and the day of the seizure [be certified] etc. And let
them be summoned to be before the Justiciars on the coming
of the Justiciars etc. And Lecia puts in her place Fulk de
Auberville.
^ Rievaulx. * Newhall.
2 Probably Shitlington. ' Ebberston, near Pickering.
' i.e. out of the jurisdiction.
24 YORKSHIRE ASSIZE ROLLS.
Eva, formerly the wife of John, seeks against Hugh de
Beldon her reasonable dower, to wit the third part of one
carucate of land with appurtenances in Castelay of the gift
of the said John, formerly her husband. They make a concord.^
Robert de Leisingeby^ found the sheriff as pledge that
he, Robert, and his fellows do pay to Emma daughter of
Richard six marks, to wit three marks on the Thursday next
before Ash Wednesday and three marks at Easter, by reason
of a concord made between them.^
Beatrix, who was the wife of Richard, claims against Alan
son of Thomas the third part of two bovates of land with appur-
tenances in Hegehoton,* which she claims in dower against him
of the gift of the said Richard, formerly her husband, in the same
vill. And he comes and says that she ought not to have dower
therein, because the said Richard was not seised thereof on
the day on which he married her, nor ever afterwards. And
of this he puts himself on a jury of lawful men of the neighbour-
hood ; and she likewise. Afterwards Alan son of Thomas
withdrew without leave, and without waiting for the judgment.
And therefore it is considered that that land be taken into the
hand of the Lord King, and [that] he [Alan] be summoned to
be before the King on the Monday next before Ash Wednesday
to hear his judgment therein.
Maude, formerly the wife of William, offered herself on the
fourth day against Hugh son of Robert and Modine, who was
[concerning] a messuage with appurtenances in
Tresc,^ which she claims in dower of the gift of the said William.
[And] Hugh and Modine do not come or essoin themselves.
Judgment : let the land be taken into the hand of the Lord
King and let Hugh and Modine be re-summoned to
be on the coming of the Justiciars.
The Prior of Holy Trinity of York came and gave up to
Geoffrey Lutrel and Frethesent his wife, [and to Isabel] the
sister of Frethesent, two bovates of land with appurtenances
in Hoton as the right of [Geoffrey, Frettesent], and Isabel.
Which bovates of land the said Prior had of the gift of
William Painel.
1 Printed in Yorkshire Fines, p. 85 (Feb. 23, 1203-4).
2 Lazenby, near Northallerton.
' Printed in Yorkshire Fines, p. 81 (Feb. 19, 1203-4).
■* Probably Hutton in the Hole. Called in Kirkby Hoton Underheg.
* Thirsk.
YORKSHIRE ASSIZE ROLLS. 25
The Prior of Novo Burgo"^ puts in his place Peter de Bavill,
his canon, against Geoffrey .... in a plea of land etc.
Hugh de Bilham came and gave up to Geoffrey Lutrel
and Frethesent his wife, and one bovate of land with
appurtenances in Hoton, and ten acres of land with appur-
tenances in the same vill, saving to the said Hugh this year's
crop in the ten acres ; because Jordan de Insula ought to be
ten acres, and he shall have a writ for summoning
him to warrant to him twenty shilUngs.
Roger son of Conan gives to the Lord King one mark for
making an enrolment son of Stephen.
Hugh son of Walter gave up to Geoffrey Lutrel and Frethe-
sent his wife, and Isabel her sister of land with appur-
tenances in Hoton, and whatever he had in the same vill, of
the fee of Will . . . which Geoffrey ought to give him ; and
Hugh Cook gave up to him nine acres of land ; and Camber-
lanus [?] recognised one bovate of land with appurtenances
which he held in the said vill to be [the right of Geoffrey,
Frethesent] and Isabel, and Geoffrey granted to him the third
part ....
ALSO HOLDERNES.
[m. 6.] Wimarc de Lambethorp appeals Walter son of Richard de
Queldric^ of rape, and does not go on. And therefore let her
be seized. And Walter comes and gives to the King half a
mark, by the pledge of Alexander de Midelton.
William Hog is appealed by Peter son of Adam. And he
does not. come ; and he gives half a mark, by the pledge of Peter
Hog his father, for having his judgment. . And the judgment :
let him go without day, and let Peter son of Adam be seized.
John the clerk of Mapiltun appeals Richard Porteus [?]
of wound. And he does not come. And therefore let him
be taken, and let Richard go without day. And the pledges
of John for the prosecution are in mercy, to wit Simon de
Stuttevill.
Richard Magnus appeals Walter Jurd' of Grimeston of a
certain blow. And he came before the Justiciars and withdrew.
And therefore let Walter go quit ; and let Richard and his
"• Newburgh. ^ Wheldrake.
26 YORKSHIRE ASSIZE ROLLS.
pledges for the prosecution be in mercy, to wit Alan son of
Fulco de Gousle and Richard his brother. And Richard made
a fine for his amercement for twenty shillings, by the pledges
of Robert de Watsand and Stephen de Gousle.
Stephen the man of Hugh de VerU appeals Thomas de
Gagrestedei and WilUam son of Aldusa and Alan his brother
and Stephen de Wlingham^ of robbery. And he came and with-
drew. And therefore he and his pledges for the prosecution
are in mercy, to wit William Humpmg of .... , Gilbert de
Forton of Siun [?]. And let William son of Basil and Thomas and
the others, the appellees, go quit. The amercement of Stephen :
twenty shilUngs, by the pledges of Hugh de Arece and Robert
de Northorp.
Gilbert de Forton the Serjeant is in mercy because he pre-
sented one [man] for another before the coroners, by the pledges
of John de Beverlay and Robert de Haussam.
IN THE WAPENTAKE OF DIKERING.
Ralph son of Martin de Breddelington appeals Walter
Burdun of wound. And he does not go on. And therefore
he and his pledges for the prosecution are in mercy, to wit
Swain Belle and Henry de Wilardebi.^ And Walter comes.
The same appeals* of the same violence Gilbert son of Leda
de Berneston',^ WilUam Pincun', Robert Pincun' of Winketon,
Hugh le Surreis, [and] Walter Keu. And Gilbert son of Leda
does not come ; and therefore his pledges are in mercy ; and
he likewise ; to wit William son of Viell de Winketon and
Lambert his brother. And Hugh le Surreis was not found.
And the same appeals Osbert de Winketon, Stephen le
Parcur, WilUam de Acastr', Geoffrey son of Jordan, H. . . . ,
sons of William de Winketon of the same violence.
Let there be judgment against the jurors who have con-
cealed these following plaints :
Emma daughter of Thomas de Grunall appeals Walter son
of Robert son of Retell de Skipse. And the said Walter is
outlawed by the suit of the said Emma ; and he had no chattels.
1 Gangstead, in the parish of Swine. ' Probably Willingham, in Lincolnshire.
= Willerby. * In the margin is " Apud hostium Sancte Marie." ^ Barmston.
.YORKSHIRE ASSIZE ROLLS. 27
And of a certain drowned man at Sculebrige whom Herbert
son of Uctred found. And he [Herbert] does not come, and he
was attached by Martin de Rnsse^ and Peter son of Walter of
the same vill. Afterwards Herbert comes.
Adam son of Peter de Burton appeals William de Rue^ of
wound, and also Philip de Tranebi of the same violence. And
Philip gives half a mark for having his judgment, by the pledge
of Everard de Whitwic. And WilUam de Rue gives half a mark,
by the pledge of Robert de Watsand, for having his judgment.
Judgment : let William and PhiUp go without day, and let
Adam be seized.
The vill of Killum* is an escheat of the King. But the
sheriff shows such a writ : — J[ohn ?] etc., to the sheriff etc.
The vill of Hedun says nothing else than the jury of the
Wapentake, except concerning receipted money {de denariis
refutatis). Whereof let the sheriff answer for thirty-two pence.
Walter Revil [?] appeals Ralph de Mapelton of robbery.
He put himself in mercy and [made] a fine.
WiUiam de Hore appeals Herbert de St. Quintin of robbery.
And he put himself in mercy and then made a fine for two
marks, by the pledges of Robert de Brusthall and John de
Oketon. And Herbert and Ralph
J[ohn, etc.]* Know that we have committed to the Abbat
of and to Richard Hoirum all matters of rent and
possessions, as well ecclesiastical as lay, of the Lord Archbishop
and the Dean and Chapter of Rouen in England,5for safe custody,
and therefore we command you [the sheriff] that without delay
you cause to be delivered to them all things within your baili-
wick seized into our hands, for safe custody, until we shall
otherwise order, so nevertheless that nothing thereof be moved
in the mean time except the reasonable estovers of the said
Abbat and Richard. Witness the Lord Bishop of Winchester
at T .... , September 21st. By the same [i.e. the Bishop].
^ Roos, in the middle division of Holderness.
2 Routh.
■■ Kilham.
* This writ is obviously a, continuation of the entry concerning tlie
vill of Killum above.
'See Kirkby's Inquest for Yorkshire, p. 51 : " In the same vill (Killom)
there are 38 carucates of land which used to be in ancient demesne, and the
Archbishop and Chapter of Rouen now hold them from the King in chief
in free alms ; and the King will have custody of the said 38 carucates of land
after the death of the Archbishop."
28 YORKSHIRE ASSIZE ROLLS.
HERTLEi WAPENTAKE.
Augustine de Walbi and Reynold son of Maude de Kave,
Serjeants, are in mercy, because they have not come to answer,
to wit concerning ten shillings, by the pledges of Ralph de
Walbi and Elena his wife.
Peter de Lokington appeals Hervey de Wattun of [a breach
of] the King's peace ; and Roger son of Oseward of violence.
And he does not go on ; and therefore let him be seized. Hervey
gives one mark, by the pledge of Thomas de Ettun, for having
his judgment, and go without day.
John de Cleving killed Hugh son of Ralph in his house, and
fled on account of the death. And he is outlawed by [Peter]
[?] Mungyebi His chattels were four marks and
forty pence, which the Hospitallers have received. And
. . . randus de Evervyk is outlawed at the suit of the same
Peter, and he had no chattels.
The same Peter appeals Malger de Cleving of violence ;
and Malger gives half a mark, by the pledge of Th[omas] Takel.
A certain boy was killed in the house of John son of Edward
by a certain horse ; the price of the horse is half a mark and
five shillings. Whereof let the sheriff answer. And Randulph
de Divelgebi,^ then the serjeant, is in mercy because he did not
present the said horse to the coroners, by the pledge of Hugh
Belle.
Richard le Saer appeals Robert de Kave of [the breach of]
the King's peace ; and he does not go on ; and therefore let
him be seized. And Robert comes and gives one mark, by the
pledges of Randal son of William de Cave and Peter Tuschet,
for having his judgment.
Aubrey daughter of William appeals William son of Roger
de Belebi of rape ; and she does not go on ; and therefore let
her be seized. And it is witnessed that she was bound and
basely treated. Wilham gives twenty shiUings, by the pledges
of William Selva,in and Richard de Hay, for having his judgment.
Judgment : let him go without day.
The vill of Belebi* is in mercy for default.
1 Harthill.
" Probably Duggleby.
^ Beilby, in the Holme-Beacon division of Harthill.
YORKSHIRE ASSIZE ROLLS. 29
Aubrey wife of Walter the reeve appeals Martin son of
Peter de Brunnebi^ and Thomas his brother of the death of
Walter her husband. Aubrey comes ; and the jurors suspect
them of the death ; therefore let it be enquired by the county
etc.
Emma daughter of Sigurith fell from a certain horse so that
she died thereof. The price of the horse is delivered to the
Canons of Wartre because she was their man [i.e. tenant].
Richard was drowned in a certain boat ; price of the boat
Lambert de Wattun appeals Marmaduke de Tueng of
the death of his aunt {matertera) . Lambert has [since] died.
And Marmaduke gives one mark, by the pledge of John de
Oketon, for having his judgment, as already arranged (secundum
preparatum) .
And the jurors say that he is not guilty, and was appealed
by hatred of a certain ^ and therefore let him go quit
of that appeal.
Richard de Gartun appeals Reynold de Thorpe of [the
breach of] the King's peace ; and he does not go on ; and there-
fore let him be seized ; and his pledges for the prosecution are
in mercy, to wit Richard le Ferrur his father and Warin son
of Peter.
The same appeals of violence Richard son of Bayard, Gilbert
his brother, and Richard son of Osan.
Re5niold de Thorpe [comes] on behalf of himself and [the
others] and gives twenty shillings, by the pledge of WiUiam
de Tameltun, for having his judgment. Judgment : let them
go without day.
Geoffrey de Hulme appeals Geoffrey de Rottese' of [the
breach of] the King's peace ; and he does not go on ; and there-
fore let him be seized ; and his pledges for the prosecution are
in mercy, to wit William the Despenser. And Geoffrey de
Rottese, attached by Walter de Rottese and WilUam of St.
Martin, does not come. And therefore he and his pledges are
in mercy.
William son of Gamall de Middeltun appeals Peter Tuschet
of ...... ; and he does not go on ; therefore let him be
^ Burnby.
2 Bladi in the original. Can this be a man's name ?
^ Rotsea,
30 YORKSHIRE ASSIZE ROLLS.
seized ; and his pledges for the prosecution are in mercy, to
wit Walter son of Robert Galopin and William of St. James
of agal. And Peter gives one mark, by the pledges
of William Tuschet and ..... son of Robert de Middeltun,
for having his judgment. Judgment : let him go without day.
ALSO HURTLE.
[m. 6ci.] The vill of Holme is in mercy because it has not presented
for judgment, concerning Roger son of Maude de
Kave, of whose death is suspected
by the pledges of William de Aivill and Ralph de Vallibus.
Gilbert de Tikehul appeals Vergall' and Walter .....
and Gilbert son of Hugh of [the breach of] the King's peace ;
and he does not go on ; therefore let him be seized ; and the
others go without day.
Thomas the clerk of Haitun sold contrary to the
assize at Houeden ; and therefore he is in mercy
thirteen pence.
Hawise daughter of Gamell de Houeden appeals Thurston
son of James of rape ; and she does not go on ; and therefore
let her be taken. Thurstan gives one mark, by the pledges
of Alan de
Ernaldus servant of the parson of Ruelai^ killed Hugh son
of Alan, and fled ; and he is suspected of the death. Let it
be enquired by the county etc.; he had no chattels.
Wilham the Cook of Willeton^ [?] appeals David son of S . . .
of [the breach of] the King's peace ; and Roger the Chaplain
and John le Rider of the same violence ; and he does not go
on ; therefore let him be seized ; and his pledges for the prose-
cution are in mercy, to wit Serlo son of Walter. And the
Treasurer demanded the court Christian^ concerning David and
Roger ; and they have it. And John le Rider gives half a
mark, by the pledge of Roger the reeve of Willeton, for having
his judgment. Judgment : let him go without day.
Alan son of Dering and Hugh de Hesill killed Benedict the
clerk, and fled ; and they are suspected of the death. . Let it
be enquired by the county etc.; they had no chattels.
1 Rowley. ^ Probably Bishop Wilton. ' In respect of " benefit of clergy^."
YORKSHIRE ASSIZE ROLLS. 31
Alice the wife of William Staikebutter was killed by a
certain man and a certain woman ; and they were harboured
at the house of the said William, and it is not known who
they were.
And the jurors testify that they suspect William the hus-
band of the said Alice of her death ; and therefore let him be
taken into custody ; because they say that he was in the
fields and she stayed in the house ; and she [?] was told
by [? his or her] mother that he should come with the woman [?]
with a hatchet, so that she is dead thereof.^ Judgment : let
him purge himself by [the ordeal of] water; and he escaped.
[He gives] half a mark that he may remain in England, under
the pledge of Geoffrey son of
Agnes, who was the wife of Robert de Lathum, appeals
Thomas at Kirk, Robert de Stuteville, Nicholas son of Ivo,
Gerard his brother, Lambert his son, Roger [and] Alan his
brother, Ivo [Chi]boll', Alexander son of William, WilHam son
of Everard, Thomas his brother and Auger Malvais, Simon
son of Ivo, of violence concerning the death of Robert her hus-
band ; and she does not go on ; and therefore let her be seized.
And Lambert son of Gerard, attached by Martin de Fangefosse
and Ralph son of William de Pokelington, does not come ; and
therefore he and his pledges are in mercy. And Simon son of
Ivo, attached by William Basset and William Rab . . U', does
not come ; and therefore he and his pledges are in mercy.
And Ivo ChiboU gives half a mark, by the pledge of Thomas
de Yolton. And Alexander gives half a mark, by the pledge
of Yoltun, for having his judgment. And Roger and
Alan give half a mark, by the pledge of Nicholas Basset [?].
And Thomas at Kirk gives half a mark, by the pledge of the
same. And Robert de Stuteville gives one mark, by
the pledge of Walter de Bovinton, for having his judgment.
To judgment concerning the jurors who have concealed
that Simon son of Ivo was appealed and by the
appeal of the said Agnes.
Rainer de Gartun appeals Ivo de Br . . . sham,^ in that
he in [breach of] the King's peace and wrongfully assaulted
him where he was at Cave, and made on him a certain
wound in , and this he offers etc.
1 The roll is here somewhat difificult to decipher.
' Possibly Brantingham.
32 YORKSHIRE ASSIZE ROLLS.
The same appeals Hugh the reeve of Elreker,^ in that he
in [breach of] the King's peace, and wrongfully assaulted
him, and gave him a certain wound in his head, and this
he offers etc.
The same appeals John de Dreueton, in that he sent
the said . . . . , and the said persons appealed of violence
for the purpose of assaulting him, and that they went
forth from his [John's] house, and after [the deed] was done
returned to his house ; and in that he himself gave him
a certain wound in the leg ; and this he offers etc.
And John denies the whole [of it] as a man who is
maimed ; and he says that on another occasion that plaint
was before the Lord King, and he gave there 40 shillings
for having judgment [pro hahendo purporto), and he still seeks
that , and prays that it may be allowed in his favour
that [Rainer] now appeals him of wound, whereas before the
Coroners he appealed him of violence only.
The same appeals Denis de Elreker, that he in [breach
of] the King's peace and wrongly assaulted him, and gave
him a certain wound in the haunch by a certain arrow ;
and this he offers etc.
The same appeals of violence Haldane son of William,
John son of Wilham, Hugh the Milner, Go ... . son of
. . . vase de Ripplingham, Laurence de Kave, William de
Brentingham, and Wilham son of
Philip de Beellum^ appeals Hugh the reeve of Elreker
of a certain wound before the Justiciars ; and he
withdrew, and said that he never appealed him but another.
Hugh Grenn' appealed the same Hugh the reeve. And
the Coroners testify that the same Hugh appealed
him before them ; and therefore he and his pledges for
the prosecution are in mercy, to wit Jordan de Rugg and
Gamel de Wirkesleye.^
The same appeals John de of a certain wound
in the hand , and he says that he gave the said
40 shilUngs for having a record of that appeal.
1 EUerker, in the parish of Brantingham, near South Cave.
" Probably a form of Bewholme, in the parish of NunkeeUng, near Hornsea.
3 Wortley.
YORKSHIRE ASSIZE ROLLS. 33
The same appeals William son of Dere and Robert his
brother, who came ; and William de Jarpeville [?], who did
not come and [who] was attached by Richard de Dreuton and
Robert de Ethereswic.i and therefore he and his [pledges]
are in mercy.
William son of Dere appeals Philip de Beellum, in that
he in [breach of] the King's peace and wrongfully assaulted
him, and gave him a certain wound in the haunch by a
certain arrow. And Philip comes and denies
Laurence de Daiville appeals Geoffrey de Beellum of
mayhem ; and Geoffrey [comes and denies] the whole of
it, and says that on another occasion that plaint was
before the Lord King, and that was maimed [?].
ALSO GILLING WAPENTAKE.
[m.;.] Walter de Hickeling appeals , and does not go
on ; and therefore let him be seized
And Henry Crag gives a mark for having [his judgment]
, and Nicholas de Stapelton. And let Henry go
Annacs son of de Neusurii^ appeals Adam ......
[and does not] go on. And therefore let him be seized.
Geoffrey son of Beatrix de Bartun appeals Thomas son
of R [and Geoffrey] of robbery ; and he does
not go on. And he pledged himself to do so ; and therefore
let him be seized. And let Thomas and Geoffrey go
Emma daughter of John appeals Amfrid the Smith of
Bartun of the death of Simon her husband ; and she does
not go on ; and therefore let her be seized. And Amfrid
was not arrested, and nevertheless Andrew de Manegeb'*
and his Serjeants were ordered to seize him ; and they said
that he fled into Haliweres.* And the jurors say that he has
not, he himself denying it {ipsemet hoc dedicere), and that he
remained in his house at Barton ; and therefore Andrew and
his Serjeants are in mercy, to wit William Travers, Adam de
' Etherdwick, in the middle division of Holderness.
^ Newsham.
^ Maunby, in the parish of Kirby Wiske.
* Probably Durham (see Appendix II).
c
34 YORKSHIRE ASSIZE ROLLS.
Manegebi, and William de Pikehal. The pledge of William
Travers The pledges of Adam The
pledges of William de Pikehal Nicholas de Stapel-
ton and Walter Haget. And Emma found pledges for the
prosecution, to wit John Brito of Bartun ; and she is
in mercy. And Amfrid gives one mark for having his
judgment according to the verdict of the jurors, who say
that a long time before the husband of the said Emma
died of , and that Amfrid was appealed by hatred.
The pledge for the amercement is Henry de Middelton.
[Let] Amfrid [go] without day.
Alan de Mortham appeals WiUiam son of Roger of the
same vill, in that he in [breach of] the King's peace and
wrongfully gave him a certain wound in the hand. And
this he offers to prove against him as the court shall consider.
And Roger [? William] comes and denies the whole of it
word by word. And he gives to the Lord King one mark
for having an inquisition and his judgment.^ And the said
Alan acknowledges that he did not raise the cry (non levavit
clameum). And the Coroners testify that he did not show
the wound, save a certain scratch, which was healed. Wherefore
they testify that this appeal has been made by hatred. And
therefore it is considered that the appeal is null ; and [that]
William do go quit, and Alan be in mercy for 2 marks, by
the pledges of Alan de Kirkebi and Robert de Bereford.^
Roaisia daughter of Hanell' appeals Simon son of
Geoffrey of rape ; and she does not go on ; and therefore
let her be seized ; and let Simon go without day.
Henry de Bartun of Lonesdale appeals Alan de Ulflandes
of Richemund, in that he broke his arm, so that he was
maimed. And he does not go on. And therefore he is
in mercy. And his pledges for the prosecution [are in
mercy], to wit Richard the Mercer of Burton and Robert
Main of the same vill, and Adam godson (fiUolus) of Simon
of the same vill. And since it is testified that he [Alan] was
maltreated, let him [Henry] be taken into custody ; but
he made a fine for 3 marks, by the pledges of Adam de
Kirkebi and Warin Travers and Robert de Bereford aiid
Robert de Rokebi.
^ In the margin is : " Plegii Willelmi de Junum [?], Walteri de Thorpe,
Johannis [?] de Mortham."
' Barforth, in the parish of Gilling.
YORKSHIRE ASSIZE ROLLS. 85
The same appeals Roger son of Simath de Richemund
of the same arm broken elsewhere. And he made a fine
for 30 shillings, by the pledges of William son of Simath
and Richard de Trehamton^; and the same are pledges
for the 30 shillings.
The same appeals Geoffrey the Serjeant of the wapentake
of Richemund of a wound made in his head in the said
violence, and of robbery. And he made a fine for 30
shillings, by Norman son of Raun' and Adam son of Reynold.
And they are pledges for the 30 shillings.
The same appeals Alan son of Thore and Stephen the
Merchant and Peter the Fuller of Richemund of the said
violence. And it was testified before the Coroners that
And each of those three gives one mark, by the
pledge of William son of Simath.
A certain rick of com fell on two girls so that they
died. The price of the com is 32 pence, for which the
sheriff answers.
Hugh son of Robert de Hunderthuait appeals Geoffrey
de Esebi of the death of a certain Geoffrey the Mercer ;
and he does not go on ; and therefore let him be seized.
And his pledges for the prosecution are in mercy, to wit
Thomas son of Godfrey de Gilling for half a mark, [and]
Roger son of Adam de Denet for half a mark, by the pledge of
Andrew de Magnebi. And Geoffrey gives the King half a
mark for having his judgment, by the pledge of Geoffrey de
Colebrunn.^ And the jurors say that Andrew, then the
Serjeant, caused him to be appealed ; and [that] he is not
guilty. And therefore let him go without day.
Aubrey daughter of Reynold appeals Robert son of
Orm of rape ; and she does not go on. Let her be seized ;
and let Robert go without day.
Ellen daughter of Henry the Priest appeals Alexander
son of Ralph de Elreton of rape ; and she does not go
on. And Alexander is not yet found.
1 The name occurs in the Lincobishire eyr^of 1202 (see Selden Society,
Select Civil Pleas ; also Kirkby's Inquest, p. 184).
' Colbum, in the parish of Catterick.
36 YORKSHIRE ASSIZE ROLLS.
William son of Harding was drowned in [the] Wise, and
it was asked who was then the serjeant. And it was said
that Hugh de Magnebi"^ [was] ; and he denied it. Further
consideration as to this. And Roger de Bartun, then the
Serjeant, [put] that plea in the county [court], as the
Coroners testify; and he denied it, and therefore is in
mercy half a mark, by the pledges of Wigan de Hereford^
and Thomas de Barton.
Let there be judgment on the said Hugh for this,
that the price of the horse, from which William was
drowned, was not presented.
Malota daughter of Walter appeals Richard de Holdebi
of rape, to wit that he seized her with violence in the
house of Richard de Ascum, where she was with her
father and her mother, and carried her off into a garden,
and by violence lay with her and raped her virginity, and
robbed her of chattels to the value of 21 shillings. And
this she offers etc. And he [Richard] comes and denies
the whole [of it] by the consideration of the court as a
free man of S. Mary.
The same appeals of that violence Gikell son of Warin
de Hotun. Let there be judgment concerning the jurors
who have concealed that Gikell was appealed of that
violence and other plaints following.
Roger de Daneby [?], father of William
Thomas the forester of Kirkebi appeals Ernald Claudus
of Upsale of the death of William his uncle, and of rob-
bery ; and he does not go on ; and therefore let him be
seized. And his pledges for the prosecution are in mercy,
to wit Adam son of Dolfin de Nortun and Neil Norman
of the same vill, and Richard de Neubi and Robert son
of Stephen de Baldrebi. And since this appeal was made
by Andrew de Magnebi and pledges for the prosecution
were found by him, he is the pledge for the amercements
of all the other pledges. And let Andrew be taken into
custody ; and Ernald go without day, because it was testi-
fied that he is not guilty of that appeal.
^ Maunby. •
2 Hartforth, in the parish of Gilling.
YORKSHIRE ASSIZE ROLLS. 37
THE VERDICT OF RICHEMUND.
William de Munkebi' fled on account of the appeal of
Serlo, an approver.^ And he had chattels to the value
of 3 shillings, for which the sheriff answers.
The township of Richemund is in mercy for lOO shillings,
because they did not make their suit reasonably concerning
the death of Hugh the Chaplain.
[PICKERING LYTHE WAPENTAKE.]
Lni. 7'^-] appeals Alan the clerk of Scartheburg of rape. And
she does not go on. The pledge for the prosecution is in mercy.
And Alan gives half a mark, by the pledge of Th[omas, for
having his judgment]. And the judgment : let him go without
day.
Hele .... appeals WilHam son of Robert de Rostim'^
of rape. And she does not go on ; and therefore let
her be seized. [WilUam gives] half a mark, by the pledge
of Gilbert de Aton, for having his judgment. And the
judgment : let him go without day.
Adam Burkiggill was outlawed at the suit of Margery
wife of Hugh son of Richard de Wrelton, who appealed
him of the death of Hugh her husband, because he cut
his arms and legs with a certain hatchet.
Peter Pic of Hilderischef* was outlawed on account of
the same death at the suit of the said Margery, who
appealed him of a certain wound which he made him on
the head mortally. And be it known that she sued against
both the aforesaid persons similarly ; nevertheless the
county [court] outlawed Peter first, namely, on the Monday
next after the octave of Saints Peter and Paul, in the
8th year [of King John], and afterwards she sued [? Adam]
at four following county [courts], so that he was out-
lawed on the Monday next before the Purification, in the
gth year of King John. Therefore let there be judgment
as to the county [court].
^ See Gale's Begistrum Honoris de Richmond, pp. 48, 245.
' See Appendix II.
' Ruston, near Scarborough.
* Minderskelfe, in which township is Castle Howard.
38 YORKSHIRE ASSIZE ROLLS.
Peter de Marton and Luke his brother fled on account
of the death of Ralph de Normannebi, and they are sus-
pected of that death. And therefore let them be outlawed.
Their chattels are 25 shillings and one penny [on the one
part], and 8 shillings on the other part, for which the
sheriff etc.
Two men in the barn of Walter de Bovinton thrashed
corn, and one to wit Simon struck WiUiam and fled.
Let him be outlawed.
Walter son of Forn fell from his horse so that he died.
And the horse was brought before the Justiciars.
The jurors say that Ralph de Bolebec made a pur-
presture on the Lord King in the wood which is called
Rumald. And he [Ralph] said before the jurors and re-
peatedly that the wood was his own, and he
The same made two forges in the moor of Stainfeld.
But it is not known by what warrant. And he says that
he pays thereof to the Lord King 12 pence a year. And
he says that by Hugh de Nevill
The vill of Pikering says nothing else than the wapen-
take says.
HANG WAPENTAKE.
John de Beauvair appeals Robert son of WilUam of
[breach of] the King's peace. And he does not go on.
And therefore let him be seized.
The same appeals of that violence Adam son of Acer,
Alan son of Ackemann, Gilbert Parker, Richard son of
Gamell, Richard son of Margaret, Walter Belle, Hamo de
Preston, William son of Alan, Laurence son of Ralph,
[Henry] son of Roger, John his brother, Walter the Milner,
William Snoder, Thomas son of the Smith and Gille . .
M . . , William David, Gamell son of Richard, Robert the
Swineherd. And he does not go on. Thomas son of the
Smith does not come, and he was attached by William
brother of Laurence and Robert son of William. And
William Snoder does not come, and he was attached by
Henry the Butler of Heselington and Gernagot de Toxton,
YORKSHIRE ASSIZE ROLLS. 39
And Henry son of .. .1 was attached by William brother
of Henry and Laurence his brother. They do not come. And
therefore they and their pledges are in mercy. And all the
others come. And Robert and his men give 5 marks for
having their judgment. Judgment : let them go without day.
The pledges for the 5 marks are Gilbert de Plumton, Robert
de Perham, Nicholas de Gerdeston.^
Ralph son of Ulf appeals Laurence de Preston of
wound. And he does not go on. And therefore he and
his pledges for the prosecution are in mercy, to wit Thomas
Cardinal and Alexander de Lascel, Bertram Burdun. And
Laurence gives 2 marks, by the pledge of Hamo son of
Wimar and Alan de Crachale, for having his judgment.
Judgment : let him go without day.
John son of Ede appeals Richard son of Margery of
^ And he does not go on. And WilUam son of
Ede appeals Gilbert de Preston of the same. And they
do not . go on. And therefore they are in mercy. And
their pledges for the prosecution are in mercy, to wit
Hugh de Boelton, John de Cawde* the forester, and Henry
de Sildon,
Stephen son of Maude appeals Robert son of Copsi
of a wound. And he does not go on. And therefore let
him be seized. The same appeals of violence Ralph son
of Ulf, Robert the reeve, Ralph de Ormesbi, Hugh son of
Copsi and William his son. And all came save Ralph son
of Ulf, who was attached by Ralph son of Jordan de
Wandesleye^ and Robert son of Gamell. And therefore
they and their pledges are in mercy. And each of those
five who came gives half a mark, by the pledges of Richard
de Laibrunn® and Ralph de Ormesbi.
To judgment concerning the jurors who have concealed
the pledges whom John de Beauveir put in his appeal. And
they [the jurors] said that another appealed them ; and
they concealed that William son of John appealed the
pledges, and they said that Stephen appealed them.
^ Roger is struck out, and Gemagot [?] added.
' Garriston, in the parish of West Hawskwell.
' This looks like hartis carrucis coltatis.
* Cawood.
* Wensley.
' Leyburn.
40 YORKSHIRE ASSIZE ROLLS.
Maude daughter of Milisant appeals Jordan de Ackeford^
of rape ; and she does not go on ; and therefore let her be
seized. And Jordan gives half a mark, by the pledge
of Roger de Asc, for having his judgment. And the judg-
ment : let him go without day.
BETWEEN OUSE AND DERWE(NT).
[m. 8.] Sibba daughter of William the clerk appeals William son
of Hugh de Boelton, that he in [breach of] the King's
peace seized her outside the vill of Q[ueldric], and lay with
her forcibly, and beat her and made her bloody. And
she immediately came to Queldric^ and showed this deed to
Alan Malecake and Walter de Beauvair, who testify to this.
So the township of Queldric testifies that they heard it
said that she raised the cry, and that she made a claim
to the Coroners. They made an agreement for 20 shillings,
which the said William gives to the said Sibba. And his
amercement is pardoned. And the sheriff undertook to
cause the said Sibba to have those 20 shillings on St.
Martin's day. And the sheriff undertook that he shall then
pay [them].
Geoffrey son of Hugh de Boelton appeals William
Ang' of a wound ; and Hugh and Robert his brother of
violence. And he does -not go on ; and therefore let him
be seized. And William gives, on behalf of himself and
the others, half a mark, by the pledge of the Prior of
Warter, for having his judgment. And the judgment :
let them go without day.
Bertram Burdun appeals Geoffrey son of Geoffrey de
Fitteling of robbery. And both come and put themselves
in mercy. The pledge for the amercement of Bertram,
namely half a mark, Alan Malekake. Pledge for the
amercement of Geoffrey, William de Tueng.' Bertram is
pardoned.
Agnes daughter of Adam Murdac appeals Rejoiold de
Warter of a wound made on her husband; and William
his brother and Gilbert son of Marmaduke of that violence.
' Hackforth, in the parish of Hornby.
2 Wheldrake.
' Thwing.
YORKSHIRE ASSIZE ROLLS. 41
And she does not go on ; and therefore let her be seized.
And her pledge for the prosecution is in mercy, to wit
Walter Prudfot of Queldric. And each of them gives
half a mark, by the pledges of Alan Malecake and Richard
Dagon [?].
The vill of Angotebi^ is in mercy because it has not
presented to the coroners Walter the clerk, killed in their
vill. William son of Emma de Angotebi is suspected and
fled concerning the death of Walter the clerk. And there-
fore let it be enquired by the county etc.
Simon de Naburn, accused of assaulting Jews in the
water of Ouse, does not come ; and he was attached by
Afterwards he came.
Peter King of Bardelbi^ accused of the same assault
fled, and is suspected of that deed. Let it be enquired
by the county etc. And he had no chattels.
Alan son of Roger appeals William Despenser of
robbery. And he comes before the Justiciars and puts
himself in mercy. And therefore he himself and his pledges
for the prosecution are in mercy, to wit Peter de Stivel-
ingflet^ and Thomas de Dicton.* And let William go quit ;
and Alan gives half a mark, by the pledge of Geoffrey
Fossard.
Stephen de Stivelingflet,^ who appeals Nicholas brother of
William son of Thomas of [breach of] the King's peace,
may go without day, because the jurors testify that the
said Nicholas is dead.
Thomas son of John de Mickelgat is outlawed by the
suit of Agnes daughter of Raghenild, who appealed him
of rape.
Robert Kippekarl of Morbi^ is suspected by the juries
of the four townships of larcenies. And he was indicted
at other assizes. And therefore let him purge himself by
the ordeal of water.
' Osgodby, in the parish of Riccall, near Selby.
' Barlby, in the parish of Hemingbrough.
= Stillingfleet.
* Deighton, in the parish of Escrick.
° Moreby, in the parish of Stillingfleet.
42 YORKSHIRE ASSIZE ROLLS.
William de Haya appeals Jordan, the clerk of Robert
de Turnham, of [breach of] the King's peace. And he does
not go on ; and therefore let him be seized. And his
pledge for the prosecution is in mercy, to wit Geoffrey de
Auclent. And Jordan does not come ; and therefore [he
is in] mercy.
Hugh Stute [?] appeals Stephen Abraham of [breach of]
the King's peace. And he does not go on ; and therefore
let him be seized. And his pledgfes for the prosecution
are in mercy.
Walter son of WilUam appeals John son of Walding of
[breach of] the King's peace. And he does not go on ; and
therefore let him be seized. And John comes and gives
half a mark for having his judgment, by the pledge of
Henry son of Haldane de Hemingburg.
To judgment concerning the jurors who have concealed
the fact that John Coli found a certain water-beast (quendam
aquaticum) in the Use in the fields of Bar[delbi]. And he
does not come ; and he was attached by John de Rokes-
burg and Silvester de Wixtowe.^ And therefore his pledges
are in mercy.
Robert le Ferur appeals William son of Gilbert de
Bardelbi^ of robbery. And he does not go on ; and he had
pledged himself to do so. And WilUam was attached
by Henry son of Osbert de Osgotebi, Stephen son of
Richard de Bardelbi, Siward son of Thomas of the same
vill, Walkelin son of William of the same vill, and John
son of Richard of the same vill. And [they are] in mercy.
Walter de Hameldun appeals Robert de Labere of
robbery, and of the abduction of the wife of Sampson de
la Pumeria [?]. And he does not go on ; and therefore
let him be seized. And his pledges for the prosecution
are in mercy, to wit Sampson de Pomeria, Robert de la
Falaise. And be it known that that plaint was put at
Westminster by order of the Justiciars.
THE VERDICT OF THE VILL OF YORK IS IN THE
PLEA ROLLS.
1 Wistow, near Cawood. ' Barlby.
YORKSHIRE ASSIZE ROLLS. 43
ASSIZE ROLL No. 1048.
PLEAS AND ASSIZES OF NOVEL DISSEISIN BEFORE
ROGER DE THURKELBY AND ADAM DE HIL-
TON, JUSTICIARS, IN THE 36TH YEAR OF THE
REIGN OF KING HENRY, SON OF KING JOHN.
[Memb. I.] The assizc comes to recognise if Thomas son of Maude
imjustly etc. disseised Alan Malecake of his free tenement
in Akastre after the first etc. And thereof he coinplains
that he disseised him of one perch of land in breadth and
eight perches of land in length. And Thomas comes
and says nothing why the assize should remain, except
only that he says that the said Alan never was in seisin
thereof so that he could be disseised thereof. And of
this he puts himself on the assize. And William son of
Hugh, Henry HameUn, Henry de Thorpkime,^ and William
de Waleton, jurors, do not come. Therefore [they are] in
mercy. Henry de Thorp' is remitted at the instance of
A. de Wausand.
The jurors say that the said Thomas did not disseise
the said Alan of the said tenement, which he put in their
view, unjustly etc.; because they say that the said Alan
never was in seisin thereof so that he could be disseised.
And therefore it is considered that the said Thomas [do
go] thence without day ; and [that] Alan do take nothing
by that assize, but be in mercy for a false claim.
The assize comes to recognise if Peter son of William
de Bowelton, Ralph de Herneby,^ and Robert the Serjeant
unjustly etc. disseised Roger son of Geoffrey de Rydal
and Cassandra his wife of their free tenement in Kirke-
bowelton after the first etc. And thereof they complain
that they disseised them of one acre of land with appur-
tenances. And Peter and the others come and say that
he himself [Roger] is in seisin thereof. And Roger and
Cassandra acknowledge this. Therefore Peter and the
others go without day. And Roger and Cassandra are in
mercy for a false claim. It is pardoned on account of
poverty.
^ Possibly Pallethorpe, in the parish, of Bolton Percy. The manor was
held by Philip de Kyme in 1284-5. (See Kirkby's Inquest, p. 25.)
^ Harmby, in wapentake of Hang West.
44 YORKSHIRE ASSIZE ROLLS.
The assize comes to recognise if William the Palmer,
brother of Ralph de Saldene/ was seised in his demesne
etc. of one toft with appurtenances in Sneyton,^ on the day
on which etc.; and if etc.-; which toft JuUana daughter of
Adam de Roston holds. Who comes; and they made an
agreement by licence. And the concord is such that the
said Ralph remitted and quitclaimed for himself and his
heirs to the said Juliana and her heirs all the right and
claim which he had in the said toft for ever.
John the parson of the church of Hulme, who brought
an assize of novel disseisin against Isolda, who was the
wife of Thomas de Belver', concerning his common of
pasture in Holm', which belongs to his free tenement in
the said vill, does not go on. Therefore he and his pledges
for the prosecution [are] in mercy, to wit William de
Gre5anby and John de Arnest. It is pardoned at the
instance of W. de Thiu^kelby.
The assize comes to recognise if Stephen de Me5mill
unjustly etc. disseised the Prior of Giseburgh of his free
tenement in Eston after the first etc. And thereof he
complains that he disseised him of 60 acres of land with
appurtenances. And Stephen comes and says that the
assize ought not to be made thereof, because he says that
the said Prior holds that land, and always has stood in
seisin thereof ; and the said Stephen claims nothing of the
said land in demesne. And William de Piketon, William de
Mubray, John de Normanby, and John de Pothow,^ recog-
nitors, do not come ; therefore [they are] in mercy. And
Hugh le Cyselyur [is] in mercy for trespass, and is amerced
at one mark.
The jurors say on their oath that the said Prior is in
seisin of the said land whereof he complains to be disseised,
nor has the said Stephen ever prevented him from being
able to cultivate that land and make his profit thereof ; but
he did not allow the said Prior to use {habere) his [Ste-
phen's] drive (chacia) to the pasture pertaining to the said
land. Wherefore they say that the said Stephen did not
disseise him of the said tenement, which he put in their
view, unjustly etc. And therefore it is considered that the
said Stephen do go without day, and [that] the said Prior
do take nothing by that assize, and be in mercy for a
false claim.
1 Sawdon. ' Probably Snainton. ' Potto, near Stokesley.
YORKSHIRE ASSIZE ROLLS. 45
Thomas son of Thomas de Odestorp^ gives one mark for
licence of concord with John le Westreys and Aubrey
his wife and his parceners, in a plea of land, by the
pledges of the said John. Let them have a chirograph.
The assize comes to recognise if Matthew de Shepel'
unjustly etc. disseised Roger de Berk of his free tenement
in Berk {sic) after the first etc. And thereof he complains that
he disseised him of 2 acres of meadow with appurtenances.
And Matthew comes and says that the assize ought not
to be made thereof ; because he says that the said Roger
sold to him the said land, and put him in full seisin thereof
of his own free will ; and of this he puts himself on the assize.
The jurors say on their oath that the said Matthew did
not disseise the said Roger of the said tenement ; because
they say that he [Roger] sold the said tenement to the said
Matthew, and freely put him in seisin. And therefore it is
considered that the said Matthew [do go] thence without
day ; and that the said Roger do take nothing by that
assize, and be in mercy for a false claim.
Nicholas de Hoby,^ who brought an assize of novel
disseisin against Richard Maunsel, concerning a tenement in
Brudeford,* came and withdrew. Therefore he and his
pledges for the prosecution are in mercy, to wit Reyner de
Goldeburg and WilUam de Dalton. The amercement is
pardoned to him by the Justiciars on behalf of John
Maunsel.
The assize comes to recognise if Nicholas de Elferby*
and Adam le Arblaster unjustly etc. disseised Richard de
Munceus of his common of turbary in Mikelby, which
belongs to his free tenement in the said vill, after the first
etc. ■ And thereof he complains that they disseised him of
a certain turbary which contains about 200 acres, where
he himself was wont always to common. And Nicholas
and Adam come and say nothing why the assize should
remain.
The jurors say on their oath that the said Nicholas
and Adam did not disseise the said Richard of the said
turbary unjustly etc.; because they say that he himself
^ Perhaps Owsthorpe, in the parish of Pocklington.
^ Huby, near Easingwold.
^ Birdforth, in the parish of Coxwold.
♦ EUerby, in the parish of Lythe.
46 YORKSHIRE ASSIZE ROLLS.
is in seisin of the said turbary at his will. And therefore
it is considered that the said Nicholas and Adam [do go]
thence without day, and that Richard do take nothing by
that assize, and be in mercy for a false claim.
The assize comes to recognise if PhiUp de Faukenberge
unjustly etc. raised a certain dam {stagmwt) in Apelton^ to
the nuisance of the free tenement of the Master of the
Knights Templar in England in the said vill after the first
etc. And thereof he complains that by reason of that dam
water overflows over his meadow and land, and submerges
his corn and his hay. And Philip comes and says nothing
why the assize should remain, except only that he says that
he himself holds the said dam in the same state in which he
and his antecessors held it. And of this he puts himself
on the assize.
The jurors say on their oath that the said Philip raised
the said dam in the said vill to the nuisance of the free
tenement of the said Master in the said vill unjustly etc.,
as the writ says. And therefore it is considered that the said
dam be taken down at the cost of the said Philip, so far as it
was to [the Master's] nuisance by view of the jurors ; and
[that] Phihp be in mercy. Damages half a mark.
Simon de Steynegrive puts in his claim in 15 acres of
land in the vill of Newhay, whereof a chirograph was made
between the Prior of Drax and the Prior of Wyrkeshop.
Emma Wudecok puts in her place William de Stokesle
against the Abbat of Byland in a plea of warranty.
The Prior of Ellerton puts in his place Brother Hugh de
Wyghton,2 his canon, against John Hay in a plea of assize.
John de Camera and Isabel his wife put in their place
William de Hulme against Reyner de Burg and Joan his
wife and others [named] in the writ, in a plea of mort d' ancestor
etc.
The Prior of Malton puts in his place Brother John de
Pikering or Roger de Wilegheby against Margery de Wylegheby
in a plea of novel disseisin, and against Geoffrey the Cook of
Lengeby^ in the same [plea].
Ralph, the parson of the church of Thornore, puts in his
place
1 Nun Appleton. ^ Weighton. ' Probably Slingsby, cf. p, 76,
YORKSHIRE- ASSIZE ROLLS. 47
: Margery wife of Robert of puts in her place
Robert her husband against the Abbat of St. Mary's, York,
and others, contained in the writ, in a plea of novel disseisin,
wherein they are plaintiffs, and against Roger de Wassand
and against Alan de Rungeters [?] etc., in the same plea by
diverse writs.
[tn. id.] The suit between Thomas de Moleton, plaintiff, and the
Abbat of Furness, whom Thomas de Greystok and Agnes his
wife vouched to warranty, and who [warranted to them] in
a plea of wardship, is put in respite until the octave of St.
Michael at Westminster, because the said Abbat is in parts
beyond seas, and has letters of protection of the Lord King to
last until the said term.
The assize comes to recognise if Roger Pilkebene and Robert
his brother, William son of Azonisa, Gregory the Cordwainer,
and WilUam Pilve unjustly etc. disseised Nicholas le Bel
of his free tenement in the town of Pontefract, after the
first etc. And thereof he complains that they disseised him of
a messuage with appurtenances. And Roger and all the others
come and say that the assize ought not to be made thereof ;
because they say that the said messuage was the right and
inheritance of a certain Clarice who died seised thereof ; and
[that] the said Nicholas intruded into the said messuage who
had no right in it ; and [that] they ejected the said Nicholas,
and put the right heir of the said Clarice in seisin of the said
messuage ; and of this they put themselves on the assize.
The jurors say on their oath that the said Roger and
the others did not disseise the said Nicholas of the said
messuage unjustly etc., for they say that the bailiffs of
the castle of Pontefract ejected him from the said messuage,
and not the said Roger, Robert, and the others. And
therefore it is considered that the said Roger and the others
[do go] thence without day ; and that Nicholas do take
nothing by that assize, and be in mercy for a false claim,
by the pledges of John the Chamberlain of Pontefract
and Henry son of Silurinus.
The assize comes to recognise if Geoffrey Agel5mn un-
justly etc. disseised Gerard Salveyn and Joan his wife
of their free tenement in Besewyk after the first etc. And
thereof they complain that he disseised them of a certain
piece of meadow which contains about 20 perches in
length and one perch in breadth, And Geoffrey comes and
48 YORKSHIRE ASSIZE ROLLS.
says nothing why the assize should remain, except only
that he says that the said Gerard and Joan never had
any free tenement in the said vilL whereof he [? they] could
be disseised.
The jurors say on their oath that the said Geoffrey disseised
the said Gerard and Joan of the said meadow, which he [? they]
put in their view, unjustly etc., as the writ says. And therefore
it is considered that the said Gerard and Joan do recover
their seisin by view of the jurors ; and that Geoffrey be in
mercy. The damages are remitted to him.
Robert de Fritheby^ acknowledged that he owes to Robert de
Thorney 14 marks and a half, of which he will pay him a moiety
at the feast of St. Michael in the 36th year [of the reign of
K. Henry III], and the other moiety at Easter next following ;
and unless he does this he concedes that the sheriff shall cause
[it to be levied] of his lands etc.
Philip de Faukenberg^ acknowledged that he gave and
granted and confirmed by his charter to Gaceiis de Chaumum*
his chief (capitalis) messuage in Colton, which formerly belonged
to William de Scoteny, with the toft and close of meadow
belonging to the said messuage, to have and to hold to the said
[Gaceus] and his heirs or assigns of the said Philip and his heirs
peacefully and wholly, with free ingress and egress, as the said
messuage and said croft and meadow are enclosed with hedges
and ditch both in length and breadth, for ever ; pajdng therefor
yearly to the said Philip and his heirs one penny at Easter,
for all service and exaction. And the said Philip warranted
to the said Gaceus the said messuage, as is more fully contained
in the charter which the said Gaceus has from the said
Philip.
The assize comes to recognise if Maude la Neyre unjustly
etc. disseised Stephen de Heytfeud* of his free tenement in
Erghum^ after the first etc. And thereof he complains that she
disseised him of a certain piece of meadow, which contains
about 18 feet in length and 17 in breadth. And Maude does
1 Firby.
' Son of Peter de Falconberg of Rise, and husband of Cecily daughter of
William Scotney.
' G. de Chaumond or de Calvo Monte ; mayor of York in 1256. (See
Kirkby's Inquest, p. 217.)
* Hatfield, in Holderness.
^ Arram,
YORKSHIRE ASSIZE ROLLS. 49
not come, and was attached by Hugh le Neyr and Henry le
Neyr. Therefore she is in mercy, and let the assize proceed
against him [? her] by default.
The jurors say on their oath that the said Maude disseised
the said Stephen of his free tenement unjustly etc., as the writ
says. And therefore it is considered that the said Stephen
do recover his seisin by view of the jurors ; and Maude be in
mercy. Damages : 2 shillings.
The assize comes to recognise if Peter de Mauley, AlbricuS
the Serjeant, John Wyles, Robert Godal, Thomas son of
Arnebraunk de Lund, Peter de Lund, Walter son of Gervase
de Clif, William de Rykhal, Peter son of WiUiam son of Cok,
Ranulf the Milner, John son of Nisanc', Robert his brother,
Walter son of AUok, William Starre, and Adam son of Walter
Abot unjustly etc. disseised Emma Wastehos of her common
of pasture in Bouloudewra, which belongs to her free tenement
in Duffeud^ after the first etc. And thereof she complained
that they disseised her of common of pasture in a certain wood
which contained about 20 acres, where she was wont always
to common. And Peter and the others do not come, but
John de Goton,^ bailiff of the said Peter, comes and answers
for him and all the others, and says that the assize ought not
to be made thereof, because he says that Boulourdewra, where
she complains to have been disseised, is a certain place, and is
not any vill. And Emma cannot deny this. And therefore
it is considered that the said Emma do take nothing by that
assize, and be in mercy for a false claim.
The same assize by the same recognitors comes to recognise
if Nicholas, formerly Bishop of Durham, Thomas de Barewe,
bailiff of Houeden, Robert de Hakethorp, John de Clif, Gilbert
of the Garden {de gardino) , Walter Reysun, reeve of Clif, Adam
his son, WilUam Kech, Robert son of Adam, Geoffrey son
of Norman, William Starre, and Adam son of Geoffrey un-
justly etc. disseised Emma Wastehos, Anketill de Thorenton,
and WiUiam de Bilton of their common of turbary in Duffeud,
which belongs to their free tenement in the same vill after the
first etc. And thereof they complain that they disseised them
of common of turbary in a certain piece which contains about
10 acres, where they were wont always to common.
[m. 2.j The assize comes to recognise if John de Merton and
Agnes his wife unjustly etc. disseised Robert son of Thomas
1 Duffield. 2 Goulton, near Stokesley.
V
50 YORKSHIRE ASSIZE ROLLS.
de Acum^ and Alice his wife of their free tenement in Knap-
ton after the first etc. And thereof they complain that
they disseised them of the third part of one toft of 2
shillings rent and one bovate of land, and of the third
part of 24 acres of land with appurtenances. And John
and Agnes came and say nothing why the assize should
remain, except onty that they say that the said Robert and
Alice never were in seisin thereof so that they could be
disseised.
The jurors say that the said John and Agnes did not
disseise the said Robert and Alice of the said tenement,
which they put in their view, unjustly etc. And therefore
it is considered that the said John and Agnes [do go]
thence without day ; and Robert and Alice be in mercy
for a false claim etc.
The assize comes to recognise if Henry de Thorp un-
justly etc. disseised Joan daughter of John de Pikehal
of her free tenement in Rokysby^ and Pykehal after the
first etc. And thereof she complains that he disseised her
of one toft and one croft and the third part of one acre and
the half of a rood of land with appurtenances. And Henry
comes and says nothing why the assize should remain, except
only that she [Joan] never was in seisin so that she could
be disseised. And of this he puts himself on the assize
etc.
The jurors say that in truth the said Joan and a certain
Lucy, her sister, elsewhere before the Justiciars itinerant
here, impleaded the said Henry and his wife, the sister
of the said Joan and Lucy, concerning 25 acres of land as
the reasonable share of the said Joan and Lucy, so that
the said Henry and his wife came in the same court and
said that they claimed nothing in the said land except by
feoffment of the said John, the father of the said Joan
and the others, so that it was considered in the same court
that Richard [? Henry] and his wife should hold the said
land in peace, and that the said Joan and Lucy should
hold themselves content concerning their share (of which
they were in seisin) of that which their father died seised,
and that the said tenement was of the purparty {proparte)
of the said Joan.' Wherefore they say that the said Henry
^ Acomb, near York.
^ Roxby, in the parish of Pickhill, near Bedale.
' i.e. the land, the subject of the present complaint, was part of Joan's
admitted share.
YORKSHIRE ASSIZE ROLLS. 51
disseised the said Joan of the said tenement, which she
put in their view, unjustly etc., as the writ says. And,
therefore it is considered that the said Joan do recover
her seisin against him [Henry] by view of the recognitors ;
and Henry be in mercy, by the pledge of Adam de Aynderby.
Damages : 2 shillings.
The Master of the Hospital of St. Leonard of York
gives one mark for licence of concord with Luke de Flathe-
waty and Agnes his wife, in a plea of land ; and let
them have the chirograph.
The assize comes to recognise if Thomas de Boulton
and Eleanor his wife, William de Barton and Isabel, who
was the wife of Ralph of Hoton, unjustly etc. disseised
John son of Alan of Hotone Colsweyn^ of his free tenement
in Hoton Colswe5m after the first etc. And thereof he
complains that they disseised him of one bovate of land
with appurtenances. And not one of them comes except the
said William de Barton, who answers for himself and all
the others, as their bailiff, and says nothing why the assize
should remain etc.
The jurors say that the said Thomas and the others did not
disseise the said John of the said tenement, which he put in
their view, unjustly etc., because they say that he never was
in seisin thereof so that he could be disseised. And therefore
it is considered that the said Thomas and the others [do go]
thence without day ; and John be in mercy for a false claim ;
he is poor.
Thomas de Thorenton gives one mark for licence of
concord with Robert de Verdenall^ in a plea of rent, by the
pledge of the said Robert. And let them have the chiro-
graph etc.
The assize comes to recognise if Reynold de Thorp
unjustly etc. disseised Maude de Watervill of her free tene-
ment in Brentingham after the first etc. And thereof
she complains that he disseised her of the third part of
one bovate of land with appurtenances. And Reynold
comes and acknowledges the disseisin. Therefore it is
^ Flawith, Bulmer wapentake.
^ Huttou-upon-Derwent, or Low Hutton.
^ Bailiff of York, 1253-4. (See Kirkby's Inquest, p. 270.)
52; YORKSHIRE ASSIZE ROLLS.
considered that the said Maude do recover her seisin
against him ; and [that] Reynold be committed to gaol.
Damages : 5 shillings.
The assize comes to recognise if Nicholas, formerly
Bishop of Durham, Robert Russel, Thomas de Barwe,
Richard Forn', Walter son of Alice, Adam Skutard, Robert
le Feure, Walding son of Jordan, Thomas son of Rikelot,
John the Smith, Geoffrey le Mentur, Peter son of Richard,
Robert son of Hugh, Hugh son of Alan, William son of
Robert Reed, Walter son of Adam, Walter son of William,
and Luke son of Richard unjustly etc. disseised William de
Skipewhyt and William de Averanches of their free tenement
in Skypewhyt after the first etc. And thereof they com-
plain that they disseised them of 30 acres of wood and
moor. And the Bishop does not come, but Thomas de
Barwe, his bailiff, comes and answers for the said Bishop
and for all the others. And he says that if any disseisin
had been made to them, it was not [made] by the said
Bishop nor by the others, because he [the Bishop] held
the said tenement in the same state in which he found it
when the Lord King conferred the episcopate of Durham on
him. And of this he puts himself on the assize.
The jurors say that the said Robert Russel and all the
others, except the said Nicholas the Bishop and Thomas
de Barwe, disseised the said William and William of a
certain part of the said tenement which he [they] put in
their view, to wit about 20 acres, unjustly etc., as the writ
says. And therefore it is considered that the said William
and William do recover their seisin against them by view
of the recognitors ; and [that] Robert and all the others,
except the said Bishop and Thomas, be in mercy, and
William and William likewise be in mercy for a false claim
against the said Bishop and Thomas, and likewise because
they put more in their view than that of which they bad
been disseised. Damages : i mark.
The assize comes to recognise if Helewise de Thorp
unjustly etc. disseised the Master of the Hospital of St.
Leonard of York of his common of pasture in Thorp,
which belongs to his free tenement in Eskelby, after the
first etc. And thereof he complains that she disseised him
of his common in a certain marsh which contains about
four score acres, where he was wont always to common.
YORKSHIRE ASSIZE ROLLS. 58
And Helewise comes and says nothing why the assize should
remain.
The same assize by the same recognitors comes to
recognise if the said Helewise unjustly etc. disseised
William de Eskelby of his common of pasture in Thorp/
which belongs to his free tenement in Eskelby, after the
first etc. And thereof he complains that she disseised him
as above. And Helewise comes and says nothing why the
assize should remain, except only that she says with regard
to each assize that no common in Thorp belongs to any
tenement in Eskelby ; and in like manner she says that
if any disseisin was made to them it was not [made] by
her, because she holds herself in such seisin as [that] in
which her antecessors died seised. And of this she puts
herself on the assize.
The jurors say in respect of each assize that the said Hele-
wise disseised both the said Master and the said William of
the said common of pasture, which they put in their view,
unjustly etc., as the writ says. And therefore it is con-
sidered that the said Master and William do recover their
seisin against her by view of the recognitors ; and [that]
Helewise be in mercy.
Damages against the Master i mark, and against
William 2 shilUngs.
Emisius son of Dionisia de Elreker puts in his place
Richard de Warrewik against John de Kava in a plea of
warranty of charter.
The Abbat of Kyrkestall puts in his place Alan de
Kirkestal, or Gilbert de Braycewell, against Richard
of the Moor and Alice his wife, [and] Simon de Montalt
in a plea of wardship etc.
Gilbert de Gaunt puts in his place Stephen the clerk,
or Robert de Folkingham, against Henry son of Ranulf
in a plea of a fine made etc.
Olivia, who was the wife of Elyas de Belreby, puts in
her place Wymer de Elreton, or Roger le Fraunceys,
against John son of Elyas de Belreby and others named
in the writ in a plea of dower etc.
William Malebisse puts in his place
1 Perhaps Allerthorpe.
54 YORKSHIRE ASSIZE ROLLS.
[m. 2(/.] The assize comes to recognise if John de Clervaus
unjustly etc. raised two banks in Croft to the nuisance
of the free tenement of John Shirlok in the same vill
after the first etc. And thereof he complains that where he
was wont to have his drive [chacia) and way (chiminum) for his
wagons and carts and for his beasts, he is prevented
by that bank from being able to have his drive as he
was wont to have ; and that he [John de C] enclosed
with a bank about one acre and a half of land where he
was wont to common. And John comes and says nothing
why the assize should remain, except only that he says
that where he [John S.] says that he ought to have a
drive to his pasture there, he [John de C] was wont
to have a certain park {vivarium) in the time of his
father, and [that] it is now in the same state as it was
in which his father held it ; and concerning the other
bank he says that he enclosed nothing with a bank except
only that he enlarged his court with a certain wall. And
of this he puts himself on the assize.
The jurors say that the said John de Clervaus did not
raise any bank in the said vill of Croft to the nuisance
of the free tenement of the said John Shirlok ; but in
truth they say that he raised two walls for enlarging his
court. And therefore it is considered that the said John
de Clervaus do go thence without day ; and [that] John
Shirlok do take nothing by that assize and be in mercy
for a false claim, and that he should obtain another writ
if he wishes.
The assize comes to recognise if Helewise de Thorpe
unjustly etc. disseised Thomas de Fritheby^ of his common of
pasture in Thorpe,^ which belongs to his free tenement in
Fritheby, after the first etc. And thereof he complains that
she disseised him of his common of pasture in a certain
marsh which contains about loo acres, where he was wont
always to common. And Helewise comes and says that the
assize ought not to be made thereof, because she says that
no common of pasture in Thorpe belongs to any free tene-
ment in Fritheby. And of this she puts herself on the
assize. And no recognitor made a view of the said pasture.
Therefore let the assize remain to be taken on the coming
of the Justiciars.
1 Firby. 2 Perhaps AUerthorpe.
YORKSHIRE ASSIZE ROLLS. 55
The assize comes to recognise if Ralph son of Stephen
and Herbert son of WilHam unjustly etc. disseised John
the Clerk of his free tenement in Doriiton^ after the first
etc. And thereof he complains that they disseised him
of a rent of 6 shillings, with appurtenances. And Ralph
and Herbert come and acknowledge the disseisin. Therefore
it is considered that the said John do recover his seisin ;
and Ralph and Herbert be in mercy for the trespass.
The assize comes to recognise if Alexander de Norwic
unjustly etc. disseised Hugh de Steynford of his free tene-
ment in Fiskelake after the first etc. And thereof he
complains that he disseised him of one bovate and a half
of land, with appurtenances. And Alexander comes and says
nothing why the assize should remain.
The jurors say that the said Alexander did not disseise
the said Hugh of the said tenement, which he put in their
view, unjustly etc.; because they say that he never was
in seisin thereof so that he could be disseised thereof.
And therefore it is considered that the said Alexander do go
thence without day; and Hugh be in mercy for a false
claim, by the pledge of Adam de Bladwurth, the bailiff.
John de Frismareys^ sought, on the Tuesday next after
the [feast of] the Exaltation of Holy Cross, his land by
plevin, which had been taken into the hand of the Lord
King for a default which he made against W. Archbishop
of York ; and he has [it].
The assize comes to recognise if John Hay, Remigius
de PokeUnton, Peter de Linton, German Hay, Henry Hay,
and William Glede unjustly etc. disseised the Prior of
Ellerton of his free tenement in Acton* and Ellerton after
the first etc. And thereof he complains that they disseised
him of one acre of land with appurtenances.
The jury of 24 for convicting the 12, between Geoffrey
son of John de Melton, plaintiff, and WiUiam de Percy,
of Kildale, and others [named] in the writ, is put in respite
until the next coming of R. de Thurkelby into those parts,
because the jurors of that jury have not come etc.
1 Dunnington, near York.
* Frismarsk, a lost town on. the Huraber.
. . ; * Aughton.
56 YORKSHIRE ASSIZE ROLLS.
The assize comes to recognise if Robert de Hothum
unjustly etc. disseised Maude de Beauver of her free
tenement in Holme after the first etc. And thereof she
complains that he disseised her of the third part of 60
acres of wood, with appurtenances. And Robert comes
and acknowledges the disseisin. Therefore it is considered
that the said Maude do recover her seisin ; and [that]
Robert be committed to gaol. And the said Maude remits
her damages ; the amercement is pardoned to him because
he is poor.
[m. 3] The assize comes to recognise if John the Chaplain
unjustly etc. disseised Maude la Forester of her free tene-
ment in Seleby after the first etc. And thereof she com-
plains that he disseised her of the third part of one messu-
age, curtilage, and croft, with appurtenances. And John
does not come, but Robert le Messager comes and answers
for him as his bailiff ; and he says that the assize ought
not to be made thereof, because he says that he [John]
impleaded her [Maude] in the court of the Abbat of Seleby
concerning the said tenement, by the writ of right of the
Lord King ; so that he recovered the said tenement against
her by default ; and [that] she afterwards remitted to him the
whole right and claim which she had in the said third part
by her charter, which he produces, and which testifies this.
And the jurors on their oath testify this. And therefore
it is considered that the said Maude do take nothing by
that assize, but be in mercy for a false claim ; [she is] poor.
Ralph son of Theobald and Ralph son of Stephen sought,
on the Thursday next after the Nativity of the Blessed
Mary, their land by plevin, which was taken into the hand of
the Lord King for a default which they made against Thomas
de Boulton and Eleanor his wife. And they have etc.
The Prior of Marton gives one mark for licence of
concord with Maude Albyn in a plea of warranty of charter.
And they have the chirograph etc.
Thomas de Tanestern, Elyas de Brunneby, Robert
Parcok, Thomas de Neubold, and Walter de Mukelfeld, jurors,
are in mercy because they have not come etc.
William son of Robert de Wudewuse gives 2p shillings for
licence of concord with Henry Pincun and Laurencia his wife
in a plea of warranty of charter, by the pledge of the said
Henry. And they have the chirograph etc.
YORKSHIRE ASSIZE ROLLS. 57
The assize comes to recognise if Richard de Wytewell
unjustly etc. disseised Emma daughter of Henry de Norham
of her free tenement in Shupton after the first etc. And thereof
she complains that he disseised her of one perch of land in
breadth and lo perches in breadth [length]. And Richard
comes and says nothing why the assize should remain. And
John son of Ivo, one of the jurors, is in mercy for talking
foolishly {fro stuUiloquio) , and is amerced at one mark etc.
The jurors say that the said Richard did not disseise
the said Emma of the said tenement, which she put in
their view, unjustly etc., because they say that she never
was in seisin so that she could be disseised. And therefore
it is considered that the said Richard do go thence without
day ; and [that] Emma do take nothing by that assize,
but be in mercy for a false claim etc.; she is poor.
Geoffrey le Bret, who brought a writ of novel disseisin
against Simon le Bret concerning his free tenement in
Carleton, does not go on. Therefore he and his pledges
for the prosecution are in mercy, to wit Robert de Nunne-
wik and Richard le Bret.
The assize comes to recognise if Gwido de la Lunde
and Ahce his wife unjustly etc. disseised Ralph de Gayte-
ford of his common of pasture in Gayteford, which belongs
to his free tenement in the said vill, after the first etc.
And thereof he complains that the said Gwido and Alice
enclosed about 60 acres both of moor and of wood from
his common, where he was wont always to common with
all kinds of his cattle. And Gwido and Alice come and
say nothing why the assize should remain, except only
that they say that they and a certain Robert de Burstall,
Hugh de Lascy, and Thomas de Barkeston, their parceners,
had parted the said wood and moor among them by their
common agreement, so that each of them at his will might
approve from his part ; and they say that they with their
said parceners are the chief lords of Gayteford, and by the
provision of Merton had approved from their waste ; and
they say that they demised to the said Ralph sufficient
pasture for his tenement, which he holds in the said vill,
to wit for one bovate of land ; and they say that the said
bovate of land which he [Ralph] holds is of their fee.
And Ralph says that he holds one carucate of land in
the said vill, and holds nothing of them, because, in fact, he
holds from the Abbat of Seleby.
58 YORKSHIRE ASSIZE ROLLS.
The jurors say that the said Gwido and Alice disseised the
said Ralph of his said common of pasture, which he put in
their view, unjustly etc., as the writ says. And therefore it is
considered that the said Ralph do recover his seisin by view
of the jurors ; and [that] Gwido and Alice be in mercy, by the
pledge of Thomas de Hayton and Robert de la Venele, of
Gaytford. Damages : two shillings.
Elyas de Flaunvill of Norton, who brought a writ of novel
disseisin against Matthew de Luveyne concerning his free
tenement in Norton, does not go on. Therefore he and his
pledges for the prosecution are in mercy, to wit Roger of
Newcastle {de Novo Castro) in York, and Ralph son of Thomas
de Tokwyth.
A day is given to William le Moyne, plaintiff, and
WilHam the Constable and Giles de Gousle.^ by their
attorneys, for hearing their judgment in a plea of an assize
of mort d'ancestor on the morrow of [All] Souls at West-
minster, because the judgment has not yet been made etc.
The assize comes . [to recognise] if the Prior of [Healaugh]
Park unjustly etc. raised a certain bank in Walton to the nuis-
ance of the free tenement of Roger de Brus in the said
vill after the first etc. And thereof he complains that by
this said bank, which the said Prioi raised, he is prevented
from being able to have his carriage with hay and manure
to his land as conveniently as he was wont.
The same assize by the same recognitors comes to recognise
if the said Prior unjustly etc. disseised the said Roger of his
free tenement in Walton after the first etc. And thereof
he complains that he disseised him of one foot of land in one
place, and of 2 feet of land in another place. And the Prior,
by his attorney, comes and says nothing why the assize should
remain.
The jiirors say that truly the said Prior had a certain croft
in the said vill enclosed with a bank, which croft the said
Prior ploughed and sowed, and [that] near that croft lay a
certain path by which the said Roger and his neighbours were
wont to go to their lands and carry their hay and manure ;
in such a manner that a certain Peter de Brus, the chief Lord
of that fee, had a certain land nearer that croft on the side
where the said path lay ; and [that] the said Prior spoke so
much with the said Peter, that he [Peter] gave to him his said
1 Goxhill.
YORKSHIRE ASSIZE ROLLS. 59
land in exchange for a certain other land elsewhere in the
field of the said vill ; and [that] the said Prior enclosed that
land in his croft, and made there a certain barn extending
beyond the place of the said path by 30 feet. But they
[the jurors] say that at the head of that barn the said
Prior demised a certain broad place by which the said Roger
could have every sort of drive [chacia) and carriage to his
land as conveniently as he was wont to have, except by the
said space of 30 feet by which the said barn is extended ;
and [that] the said Prior could plough and sow the said croft,
and [that] the said Roger is not prevented, except by the length
of 30 feet, from being able to have his carriage and drive
conveniently enough to his lands.
It is considered that the said Prior did not raise the said
bank to any nuisance of the said Roger.
They say also that the said Prior did not disseise the said
Roger of the said tenement, which he put in their view.
And therefore it is considered that the said Prior do go
thence without day ; and that Roger do take nothing by those
assizes, but be in mercy for a false claim.
Afterwards comes the said Roger and offers to the Lord
King one mark for having a jury of 24 to convict the 12 ; and
it is received by pledge.
Peter de Brus puts in his place John de Tofcotes,i or Thomas
de Beleby, against the Abbat of Byland in a plea of
franchise etc.
Avice Marmyun puts in her place Henry de Layerton,
or William de Oxhaye, against the Master of the Knights
Templar in England in a plea of land ; and against Roger de
la Leye in the same ; and against Adam de Elreton and Flan-
drina his wife in the same.
[in. 3./.] The assize comes to recognise if Marmaduke Darel
unjustly etc. disseised William de Dalton of his common
of pasture in Dalton, which belongs to his free tenement in
the same vill, after the first etc. And thereof he complains
that he disseised him of his common of moor and brush-
wood in a certain place which contains about 48 acres
of land, where he was wont always to common. And
Marmaduke comes and says nothing whj^ the assize should
remain, except only that he says that the said common,
of which he complains to have been disseised, is not in
>■ Tocketts, near Guisborough.
60 YORKSHIRE ASSIZE ROLLS.
Dalton ; indeed [it is] in Elvetemere.i And of this he puts
himself on the assize. And John de Fritheby,^ Stephen de
Scouresby,* and WiUiam son of Adam de Neusum, recogni-
tors, do not come ; therefore they are in mercy.
The jurors say that the said common is in Dalton,
and not in Elvetemere. And they say that the said Marma-
duke disseised the said William of the said common, which
he put in their view, unjustly etc., as the writ says. And
therefore it is considered that the said William do recover
his seisin by view of the recognitors ; and [that] Marmaduke
be in mercy. Damages : 2 shillings.
William de Bello Monte is in mercy against the Prior of
St. Oswald,* as lies in the roll of Leicester among the foreign
pleas, and is amerced at 20 shilUngs, by the pledges of
Roger de Thorenton and Henry de Emmeley.
Robert de Veylly, John de Seyvill, Geoffrey de Thoreny,
and John de Hamerton, four knights, are summoned to
choose 12 of the more lawful knights etc., for making the
return of a grand assize of the Lord King, between John son
of Thomas of Pontefract, plaintiff, and Walter de Fulford,
tenant, concerning a messuage with appurtenances in
Pontefract, whereof the said Walter, who is the tenant,
put himself on the grand assize of the Lord King, and
prayed that a recognition should be made [as to] whether
he [Walter] has the greater right in the said messuage or
the said John.
They have come and have chosen them, to wit, Thomas
de Horbiri, WilUam de Langethwayt, Robert de Hoyland,
Robert de Wykerley,^ Philip de Faukenberg, Richard de
Berelay, Eustace de Rilleston, John de Eston, Richard
Tempeste, Richard of the Moor, Peter de Hay, John de
Bosevill, William de Skipwyth, Wilham de Linton, Ralph de
Normanvill, and Richard de Tankerley.
A day is given to them on the coming of the Justiciars.
And John puts in his place Thomas the Chaplain etc.
The assize comes to recognise if WilUam de Houteby*
unjustly etc. raised a certain bank in Langethom, to the
nuisance of the free tenement of Robert de Lasceles in
the said vill, after the first etc. And thereof he complains
^ Elmire, wapentake of Birdforth. * Nostell.
" Firby. * Wickersley.
^Perhaps Skewsby. "Holtby, near Bedale.
YORKSHIRE ASSIZE ROLLS. 61
that by reason of this said bank, which the said WiUiam
raised, water flows over (in) the said bank and submerges
the meadow of the said Robert. And Wilham comes and
says nothing why the assize should remain.
The jurors say that the said William raised the said
bank in Langethorn, to the nuisance of the free tenement
of the said Robert, unjustly etc., as the writ says. And
therefore it is considered that the said bank be pulled down
at the cost of the said William by view of the jurors, so
far as it shall be to [Robert's] nuisance etc. And William
is in mercy, by the pledge of ... .
Damages : 2 shillings.
The assize comes to recognise if Philip de Wikton, Simon
the Provost, and Thomas son of Aubrey unjustly etc.
disseised Thomas de Houeton of his free tenement in
Houeton, after the first etc. And thereof he complains that
they disseised him of one acre of land with appurtenances.
And Simon and Thomas come ; but Philip does not come,
because he was not found. And Simon and Thomas
say that the assize ought not to be made thereof, because
they say that they themselves are not in seisin of the said
land, nay [that] Reynold son of Peter and Wilham de Ros,
whose villeinage the said land is, [are in seisin]. And the
jurors on their oath testify this. Therefore it is considered
that the said Philip and the others do go thence without day ;
and [that] Thomas do take nothing by that assize, but be
in mercy for a false claim ; and let him seek against the said
Reynold son of Peter and William de Roos if he wishes etc.
William son of Richard de Steresby seeks against Richard
son of Roger de Steresby 3 bovates of land with appurtenances
in Steresby, as his right etc.; and into which the said Richard
has no entry except through Richard de Ripariis, who demised
them to him. while the said William was within age and in his
guardianship etc.
And Richard [son of Roger] comes ; and elsewhere he vouched
to warranty thereof Richard son of Richard de Ripariis ; who
now comes by his summons and warrants to him [Richard son
of Roger] and denies the right of the said William when etc.;
and he well acknowledges that the said Richard son of Roger
had entry into the said land by the said Richard de Ripariis
his father, but he says that the said Richard his father had
entry into the said land by Richard de Steresby, father of the
said William, nor was the said William ever in the guardianship
62 YORKSHIRE ASSIZE ROLLS.
of the said Richard de Ripariis his father. And that this so
he puts himself on the country. And WilUam likewise. And
Richard de Ripariis gives half a mark so that it be inquired ;
and it is received by the pledge of Richard son of Roger de
Steresby. Therefore let a jury be made thereof.
The jurors, chosen by consent of the parties, say on their
oath that the said William son of Richard never was in the
guardianship of the said Richard de Ripariis, together with the
said land. Indeed they say that the said Richard de Steresby,
father of the said William, held the said land from the said
Richard de Ripariis for a long time, and afterwards gave the
whole of the said land to the said Richard de Ripariis in such
a manner that he [Richard de R.] should find for him all his
necessaries in his hfe ; so that the said William never was in
seisin of the said land.
And therefore it is considered that the said Richard do
go thence without day, and [that] William do take nothing
by that writ, and be in mercy for a false claim ; he is poor.
The assize comes to recognise if Wilham son of Ralph,
Ralph son of Ralph, William de Bordelesden, Peter Basset,
Ralph le Hoppere, Peter the Provost, and Roger de Mordon
unjustly etc. disseised William Lovel of Brocton^ of his free
tenement in Aymunderby,^ after the first etc. And thereof he
complains that they disseised him of 5 bovates of land with
appurtenances. And WilHam son of Ralph and the others
come and say nothing why the assize should remain, except
only that they say that the said William never was in seisin
thereof so that he could be disseised. And William son of
Geoffrey de Helme and Richard son of Robert de Rademor,
two recognitors, are in mercy because they do not come ; and
Richard son of Robert is amerced at one mark.
The jurors say that the said Wilham son of Ralph and the
others did not disseise the said William Lovel of his said tene-
ment, which he put in their view, unjustly etc.; because they
say that the said William Lovel never was in seisin of the said
land, excepting only while he was steward {senescallus) of the
said William son of Ralph ; and they say that the said William
son of Ralph never gave him the said land nor put him in seisin.
And therefore it is considered that the said William son of
Ralph and the others do go thence without day ; and [that]
William Lovel do take nothing by that assize, but be in mercy
for a false claim.
^ Broughton. ' ,\motherby, aear Malton,
YORKSHIRE ASSIZE ROLLS. 63
Dionisia, who was the wife of William de Sandford, puts in
her place Robert son of Adam and Thomas son of WilUam de
Saunford against the Prior of Carlisle {Kardoil) and others
contained in the writ in a plea of dower.
AUce, wife of John de Chelrey, puts in her place the said
John her husband against Isabel Maunsel in a plea of rent ;
and against Benedict de Yedon and Agnes his wife in a plea of
land ; and against Beatrice daughter of John de Yedon in a
plea of land.
[m. 4.] Ahce, who was the wife of Robert Guwer, seeks against
Stephen de Meynill the third part of two carucates of land with
appurtenances in Karleton.
John de Suthull gives half a mark for licence of concord
with Martin son of Ralph and Agnes his wife in a plea of warran-
ty of charter. And they have the chirograph etc.
Gilbert de Wanton gives half a mark for licence of concord
with Philip de Faucumberg and his parceners in a plea of wood.
The assize comes to recognise if Alexander de Stubbes,
William de Livershale, clerk, and Robert de Ripariis unjustly
etc. disseised William Bastard of Cateby and Emma his wife
of their free tenement in Lyvereshale,^ after the first etc. And
thereof they complain that he [they] disseised them of 2 bovates
of land and 5 acres of meadow with appurtenances. And
Alexander and the others come and say that the assize ought
not to be made thereof ; because they say that truly the said
Alexander, father of Emma, had made a certain bare promise
to the said Emma of the said land and meadow, but they say
that he iiever demised himself of the said land and meadow ;
and especially they say that, if the said Emma had any right
in the said land and meadow, she remitted for herself and her
heirs to the said Alexander and his heirs all the right and claim
which she had in that land and meadow by the charter of the
said Emma, which they produce and which testifies to this.
And the said William Bastard and Emma cannot deny this.
Therefore it is considered that the said Alexander and the others
[do go] thence without day ; and [that] William and Emma
be in mercy for a false claim etc.
Alexander de Stubbes was summoned to answer William
de Lovershal in a plea [to wit] that he warrants to him one
messuage, 24 acres of land, and 5 acres of meadow with appur-
tenances in Lovershal, which he holds of him etc.; and whereof
^ Loversall, near Doncaster.
64 YORKSHIRE ASSIZE ROLLS.
he has his charter etc. And thereof the said WiUiam says that
a certain William Bastard and Emma his wife are impleading
him of the said land and meadow by a writ of novel disseisin.
And Alexander comes and well acknowledges that he ought
to warrant to him [WilHam] the said land and meadow. And
he acknowledges and grants for himself and his heirs that they
will henceforth warrant to the said WiUiam and his heirs
the said land and meadow if they should be impleaded by anyone
etc.
A day is given to John Hay and William de Linton by their
attorneys, plaintiffs, and William de Craistok and his parceners,
in the quindene of S. Hilary at Westminster in a plea in which
a jury at the prayer of the parties etc.
The assize comes to recognise if Stephen de Meynil and John
de Gousle unjustly etc. disseised Richard le Bret of his free
tenement in Karlton, after the first etc. And thereof he com-
plains that they disseised him of 2 tofts and 2 bovates of land
with appurtenances. And Stephen and John come and say
nothing why the assize should remain, except only that they
say that he [Richard] never was seised of the said tofts and lands
so that he could be disseised thereof. And Michael de Stokesle,
one of the jurors, is in mercy because he does not come etc.,
and he is amerced at one mark.
The jurors say that the said Stephen and John did not
disseise the said Richard of the said tenement, which he put
in their view, unjustly etc.; because they say that he [Richard]
never was in seisin thereof so that he could be disseised.
And therefore it is considered that the said Stephen and
John do go thence without day ; and [that] Richard be in mercy
for a false claim etc., by the pledges of Alan de Bereweby^ and
Robert le Bret. And he is amerced at one mark by the same
plevin etc.
The assize comes to recognise if Hugh de Beyldon, Michael
de Menston and Eleanor his wife unjustly etc. disseised Joan
daughter of Simon of her free tenement in Beyldon, after the
first etc. And thereof she complains that they disseised her
of 2 bovates of land with appurtenances. And Hugh and the
others come and acknowledge the disseisin. Therefore it is
considered that the said Joan do recover her seisin and her losses
of 10 shilUngs ; and that Hugh and Michael be in mercy, by
the pledges of William Bulur of Beyldon and Walter de
Heuekeswurth.
■^.Borrowby.
YORKSHIRE ASSIZE ROLLS. 65
William son of Walter le Mazun, who brought a writ of
novel disseisin against WiUiam de Ros and others in the writ
concerning tenements in Hamelek.idoes not go on. Therefore
he and his pledges for the prosecution are in mercy, to wit,
William de Breddal and Robert de Breddal.^
William the Chaplain, who brought an assize of novel
disseisin against William de Ros concerning his common of
pasture in Helmele,i which belongs to his free tenement in the
same vill, does not go on. Therefore he and his pledges for
the prosecution are in mercy, to wit, William de Breddal and
Robert de Breddal.
Adam de Newmarch [de novo mercato) seeks against Ralph
son of Hugh 4 acres of land with appurtenances in Sutton as
his right etc. And Ralph comes and prays a view thereof.
The assize comes to recognise if Walter de Rouceby unjustly
etc. disseised Peter son of Juliana de Thornton of his free tene-
ment in Rouceby, after the first etc. And thereof he complains
that he disseised him of half an acre of land with appurtenances.
And Walter comes and acknowledges the disseisin. Therefore
it is considered that the said Peter do recover his seisin ; and
[that] Walter be committed to gaol for [his] trespass. And
Peter remits his damages.
John de Hagwurthingham and Agnes his wife, who brought
a writ of novel disseisin against John de Tornton and Alan
Cortman concerning a tenement in Wrelton, do not go on.
Therefore he [they] and his [their] pledges for the prosecution
are in mercy, to wit, Robert de Kareby and William le Cruel.
The Prior of Pontefract, who brought a writ of right con-
cerning 60 acres of land with appurtenances in Ledeston,
does not go on. Therefore he and his pledges for the prosecu-
tion are in mercy, to wit, Adam de Kippese and Adam the Frank
of Ledesham.
It is agreed between Gilbert de Wauton, Gaceus de Cha-
mund, Philip de Faucumberge, and Richard de Stiveton, that
none of them will consume or take anything of the wood of
Colton except only for enclosing, building, and burning for
their own use in Stiveton^ and Colton, from the Friday next
^ Helmsley. ■
"^ Burdale, in the parish of Wharram Percy.
^ Steeton.
Ob YORKSHIRE ASSIZE ROLLS.
after the feast of the Nativity of the Blessed Mary in the 36th
year of the Lord King to the end of three complete years next
ensuing ; and that none of them will sell, alienate, or carry
outside the said fee, or cause to be carried, anything from the
said wood within the said term. But if they do so they will
each of them give 100 shillings to the Lord King by way of
penalty. And Ukewise they bound themselves to be dis-
trained by the sheriff of York for the time being, for the purpose
of being distrained by every kind of distraint for the holding
of the said agreement, as is more fully contained in the chiro-
graphs made thereof between them. And this agreement is
made saving the right of Walter son of PhiUp de Faucumberge
when he shall attain [full] age, if he shall wish to speak thereof
etc.
Joan wife of Gerard Selveyn puts in her place William
Selvejoi against Geoffrey Aguylun in a plea of novel disseisin,
whereof he complains etc.
The Prior of S. Andrew of York and Alan de Kirkham put
in their place Matthew de Ripon against Thomas de Boulton
and Eleanor his wife in a plea of land. And the said Prior
and Alan sought their land by plevin on the Friday next
after the Nativity of the Blessed Mary, which was taken into
the hand of the Lord King by a default which they made against
the said Thomas and Eleanor his wife. And they have [it] etc.
[m. 40;] The assize comes to recognise if Richer de Arnhal unjustly
etc. disseised Laurence de Ruton of his common of pasture in
Arnhal,^ which belongs to his free tenement in Ruton,^ after
the first etc. And thereof he complains that he disseised him
of his common of pasture in a certain moor which contains
about 20 acres of land, where he was wont always to common
with all kinds of his cattle. And Richer does not come ; and
he was attached by William de Arnhal and Norman son of
Margery. Therefore they are all in mercy. And let the
assize proceed against him by default.
The same assize by the same recognitors comes to recognise
if John de Nutle, Robert de Stutevill, Robert son of Robert,
Peter le Fraunceys, and Peter Panhorn unjustly etc. disseised
the said Laurence de Ruton of his common of pasture in
Arnhal, Ruton, and Skirlawe, which belongs to his free tenement
in Ruton, after the first etc. And thereof he complains that he
1 Arnold, near Beverley. " Rowton.
YORKSHIRE ASSIZE ROLLS. 67
disseised him of his common of pasture in a certain place which
contains about 6 acres of land, where he was wont to common
with all kinds of his cattle. And John and the others come and
say nothing why the assize should remain.
The same assize by the same recognitors comes to recognise
if Roger de Dol, Simon de Ver', Stephen de Ostwyk, Walter
de Pikering, and Roger de Wautsand unjustly etc. disseised
him [Laurence de Ruton] of his common of pasture in Amhal,
Ruton, and Skirlawe, which belongs to his free tenement in
Ruton, after the first etc. And thereof he complains that they
disseised him of his common of pasture in a certain place which
contains about 2 acres and a half of land, where he was wont
always to common with all kinds of his cattle. And Roger
and the others come and say nothing why the assize should
remain, except only that they say that the said Laurence is
in seisin of the said common of pasture of which he complains
to have been disseised.
The jurors say that the said Richer disseised the said Laur-
ence of the said common of pasture, which he put in their view,
unjustly etc. And therefore it is considered that the said
Laurence do recover [his] seisin by view of the recognitors ;
and that Richer be in mercy.
Damages : 2 shillings.
They say also that the said John del Nutle and the others
[concerned] in the second assize, and the said Roger de Dol
and the others [concerned] in the third assize, did not disseise
the said Laurence of the said common of pasture, which he put
in their view, unjustly etc.; because they say that he [Laurence]
is well able to common in the said common, and to have free
entry and exit without any hindrance.
And therefore it is considered that the said John and all
the others do go thence without day ; and that Laurence do
take nothing by those assizes, but be in mercy for a false claim,
by the pledge of Thomas de BristhuU.^
William Ward and Margery his wife, by Margery's attorney,
offered themselves on the fourth day against William le Des-
penser of Drytlington and Isabel his wife, in a plea that they
[ought to] give to the said William and Margery John, the son
and heir of Richard Payn, whose wardship belongs to them
[William and Margery] by reason of a gift which JoUan de
Nevill, of whom the said Richard held his land by knight
service etc., made thereof to the said Margery.
1 Burshill.
68 YORKSHIRE ASSIZE ROLLS.
And William and Isabel do not come. And they have made
more defaults, after William had a day for his essoin
on this day ; and Isabel had a day in banco on this day,
after she had essoined herself. Therefore let them be distrained
by all their lands etc., so that they be in one month from the
day of S. Michael at Westminster.
The assize comes to recognise if Thomas Fairfax, ToUe his
servant, Alexander Bayus, Robert le Lorimer, Martin Loggey,
WiUiam Mittayn, Roger Sturdy, and Arnold le Faucher un-
justly etc. disseised Eva de Clervaus of her free tenement
in the suburb of York, after the first etc. And thereof [she
complains] that they disseised her of 3 acres and a half of
meadow with appurtenances, of which she had before recovered
her seisin against the said Thomas before the Justiciars on their
last iter in that county. And Thomas and the others come and
say nothing why the assize should remain.
The jurors say that the said Thomas and the others did not
disseise the said Eva of the said meadow, which she put in
their view, unjustly etc.; because they say that she never had
seisin of the said meadow.
And therefore it is considered that the said Thomas and
the others [do go] without day ; and [that] Eva be in mercy
for a false claim etc.
Afterwards it was agreed between the said Thomas and Eva
that she shall have the 3^ acres of meadow which lie towards
the east of the 7 acres of meadow, which she sought against him
in other assizes. Therefore let her have her seisin etc.
The assize comes to recognise if Robert de Eccleshale un-
justly etc. disseised Ralph son of Robert de Barley of his free
tenement in Thorpe, after the first etc. And thereof he com-
plains that he disseised him of one acre of land with appur-
tenances. And Robert does not come, but Stephen de Lund
comes and answers for him as his bailiff ; and he says nothing
why the assize should remain, except only that he says that
a certain Roger de Barley held the said land from him [Robert],
and exposed it for sale to the said Ralph ; and because the said
Robert was unwilling to lose wards and rehefs from the said
land, which was of his fee, he seized the said land into his hand
before the said Ralph had any seisin thereof. And that this
is so he puts himself on the assize. And John de Haye, and
Wilham de Mundider, and Ralph Swift of Brinesford.i recog-
* Brinsworth.
YORKSHIRE ASSI2E ROLLS. 69
nitors, are in mercy, because they do not come ; therefore they
are in mercy. And Simon de la Roche, -bailiff, is in mercy for
a trespass, and is amerced at 20 shillings.
The jurors say that the said Robert disseised the said
Robert [Ralph] of the said tenement, which he put in their
view, unjustly etc. Therefore it is considered that the said
Ralph do recover his seisin by view of the recognitors ; and that
Robert be in mercy, by the pledge of Robert de Thorny.
Damages : half a mark.
The assize comes to recognise if Henry Coleman, Richard
Coleman, Ralph de Bilton, Richard le Lung, Thomas Pode,
Richard T[?]uft, and William de Laynthorp disseised John de
Bilton of his free tenement in Bilton, after the first etc. . And
thereof he complains that they disseised him of a certain
piece of meadow which contains 20 feet in length and 10 feet
in breadth. And they do not come etc. And each of them
was attached by the other. Therefore all are in mercy. And
let the assize proceed against them by default etc.
Alan son of Brian and Thomas his brother acknowledge that
they owe to Avice Marmyun 25 marks, by the pledge of Robert de
Marsham ; which they will pay to her at Pentecost in the 37th
year ; and unless they do so they grant that the sheriff shall
cause to be made etc.
The assize comes to recognise if Thomas son of Peter de
Balkholm, Sewal his brother, William Piper, Gilbert Tiwe [?],
Thomas son of William de Laxinton, and Reynold son of Roger
the Granger unjustly etc. disseised Agnes daughter of Richard
le Champiun of her free tenement in Kilpin, after the first etc.
And thereof she complains that they disseised her of one toft
and half a bovate of land with appurtenances. And Thomas
son of Peter and the others come and say nothing why the assize
should remain, except only that they say that the said Agnes
never was in seisin thereof so as to be disseised thereof.
The jurors say that the said Thomas and the others did not
disseise the said Agnes of the said tenement, which she put in
their view, unjustly etc.; because [they say] that she never
was in seisin thereof so as to be disseised. And therefore it
is considered that the said Thomas and the others do go thence
without day ; and [that] Agnes be in mercy for a false claim
etc., by the pledge of Gilbert of the Garden {de gardino) of
Houeden.
?0 YORKSHIRE ASSIZE ROLLS.
[m. 5.] Geoffrey de Cokefeud and Alice his wife, who brought an
assize of novel disseisin against Nicholas de Hales and Margery
his wife, Robert de Hales, and Adam the Reeve, concerning a
tenement in Ryghton, do not go on. Therefore they and their
pledges for the prosecution are in mercy, to wit, Ralph son of
Richard de Rychton ; and the other pledge died.
WiUiam Malecake, who brought an assize of novel disseisin
against Hugh son of Ralph de Lokington and others named in
the writ concerning a tenement in Lokinton, does not go on.
Therefore he and his pledges for the prosecution are in mercy,
to wit, WiUiam son of Simon de Pik' and Walter son of Roger
of the same [vill] .
Adam de Holthal and Dyonisia his wife acknowledge
that they have given and granted to Adam de Newmarch all
the land with appurtenances which they had or could have in
Hawurth and Kirkesandr'k, with messuages and homages,
woods, meadows, and all other things belonging to the said
land, to hold to him and .his heirs, as is more fully contained
in the charter which the said Adam has of the said Adam and
Dyonisia.
Adam de Newmarch gives half a mark for licence of
concord with Adam de Holthal and Dyonisia his wife in a plea
of land.
Constance wife of John son of Herbert de Thorp, who was
formerly the wife of Peter Eyr of Colton, acknowledges that she
remitted and quitclaimed, with the consent of the said John her
husband, to Gaceus de Chaumund, citizen of York, all the
right and claim which she had or could have in the third part
of a bovate of land with appurtenances in Colton in dower,
whereof Peter, formerly her husband, endowed her, as is more
fully contained in the charter which the said Gaceus has of
the said Constance and Peter.
The assize comes to recognise if Maude la Legistre and
Agnes her sister unjustly etc. disseised Margery daughter of
Geoffrey Attebekers of her free tenement in Barkeston, after
the first etc. And thereof she complains that she [they]
disseised her of 4 acres and a half of land and half an acre of
meadow with appurtenances. And Maude comes ; and Agnes
does not come, nor was she attached, because she was not found.
Therefore let the assize proceed against her by default. And
YORKSHIRE ASSIZE ROLLS. 71
Maude says that the assize ought not to be made thereof,
because she says that if any disseisin was made to her [Margery]
it was not made by her [Maude], nay, by a certain Richard
her [Maude's] brother, who enfeoffed her thereof. And of this
she puts herself on the assize.
The jurors say on their oath that the said land was the
right and inheritance of the said Richard le Legistre, brother
of the said Maude and Agnes, and [that] the said Richard
married the said Margery, and in process of time became a
leper, and betook himself to the hospital outside Shyreburn,
and gave to the said hospital a certain part of his land, so that
the said Margery, with the children which she had of the said
Richard, remained in seisin of the said tenement in question
for a long time, until the said Richard came from the said
hospital and ejected her therefrom, and enfeoffed thereof
the said Maude and Agnes ; and, because the said Richard
is still aUve, nor can the said Margery claim any free tenement
in the said land while the said Richard is alive, it is considered
that the said Maude and Agnes do go thence without day ;
and [that] Margery do take nothing by that Eissize, and be in
mercy for a false claim ; she is pardoned because [she is] poor.
Peter son of Walter de Louthorp offered himself on the fourth
day against Geoffrey son of Lambert de Pokethorp in a plea of
3 bovates of land and 3 parts of a toft with appurtenances,
except 3 acres and 2 perches of land with appurtenances in
Pokethorp, which he claims as his right against him. And Geof-
frey does not come ; and he had a day for this day, to wit,
on the coming of R. de Thurkelby by the order of the Lord
King, after he had put himself on the grand assize of the Lord
King, to wit, before the Justiciars on their last iter in that
county. Judgment : let the said land be taken into the hand
of the Lord King ; and he [Geoffrey] is summoned to be at
Westminster on the octave of S. Martin to hear his judgment
thereof etc.
THE LIBERTY OF S. MARY, OF YORK.
The assize comes to recognise if Alan le Rus unjustly etc.
disseised Robert de Staverne and Margery his wife of their
common of pasture in Watsaund, which belongs to their free
tenement in the said vill, after the first etc. And thereof
he [they] complain that he enclosed one acre of pasture where
72 YORKSHIRE ASSIZE ROLLS.
they were wont always to common. And Alan comes and says
nothing why the assize should remain, except only that he says
that if any disseisin was made to him [them] it was made by
William, formerly Abbat of S. Mary, who caused the said
pasture to be enclosed ; and not by him. And of this he puts
himself on the assize.
The same assize by the same recognitors [comes] to recognise
if Roger de Watsaund unjustly etc. disseised the said Robert
and Margery his wife of their common of pasture in Watsaund,
which belongs to their free tenement in the said vill, after the
first etc. And thereof they complain that he disseised them
of common of pasture in 6 acres of land where they were wont
always to common. And Roger comes and says nothing why
the assize should remain, except only that he says that if any
disseisin was made to him [them] it was made by Robert his
father, who enfeoffed him thereof ; and not by him. And of
this he puts himself on the assize.
The same assize by the same recognitors comes to recognise
if the Abbat of S. Mary of York, Roger de Grave, WilUam de
Homes, Roger de Watsaund, Gilbert Seley, and Alan le Rus
of Watsaund unjustly etc. disseised the said Robert de Staveme
and Margery of their free tenement in Watsaund, after the first
etc. And thereof they complain that they disseised them of
2 acres and a half of land. And the Abbat and all the others
come and say nothing why the assize should remain, except
only that they say that he himself [Robert] is in seisin of the
said land ; and [that], because the said Robert raised a certain
bank in the said land, by which bank he wished to draw to
himself fish out of the fishpond of the said Abbat, he [the said
Abbat] pulled down the said bank. And of this he puts himself
on the assize.
The jurors of the first assize say on their oath that the said
Alan disseised the said Robert and Margery of common of
pasture in the said acre, which he [they] put in their view,
unjustly etc., as the writ says. And therefore it is considered
that the said Robert and Margery do recover their seisin by
view of the recognitors, and [that] Alan be in mercy, by the
pledge of William de Westiby of Homese.
Damages : I2 pence.
The jurors of the second assize say that the said Roger de
Watsaund disseised the said Robert and Margery of the said
common of pasture in the said 6 acres, which he [they] put
in their view, unjustly etc., as the writ says. And therefore
it is considered that the said Robert and Margery do recover
YORKSHIRE ASSIZE ROLLS. 73
their seisin by view of the recognitors ; and [that] Roger be
in mercy, by the pledge of Walter de Pikering and Richard
le Lorimer. Damages : 12 pence.
They say also concerning the said 2 acres of land and a half
that the said Roger de Grave and all the others except the
said Abbat disseised the said Robert and Margery of the said
tenement, which he [they] put in their view, unjustly etc., as
the writ says. And therefore it is considered that the said
Robert and Margery do recover their seisin by view of the recog-
nitors ; and [that] Roger and all the others be in mercy ; and
[that] Robert and Margery Ukewise be in mercy for a false
claim against the said Abbat. The pledges of Roger, WiUiam,
and Gilbert for their amercement [are] Robert of the Bridge
[de ponte), William Faukun, and Bernard de Areynes.
Damages : 3 shillings.
Isabel de Coleby, who brought an assize of novel disseisin
against Juliana Dayvill and Geoffrey de Holme concerning a
tenement in Fleynesburgh,^ does not come. Therefore she
and her pledges for the prosecution are in mercy. She did not
find a pledge except her good faith, because she is poor.
Nicholas le Fraunceys, who brought an assize of novel
disseisin against Ralph de WambeweU,^ Hugh de Crygeleston,
Gilbert de Bredeb}^:, Adam son of Geoffrey, and William de
Scouenesby, does not go on. Therefore he and his pledges
for the prosecution are in mercy, to wit, Roger de Hide [?]
and Richard de Lingwayt.^
William son of Elyas, who brought an assize of novel
disseisin against Richard son of Henry and Nichola, who was
the wife of Peter of Preston, and Con .... son of Richard
concerning his common of turbary in Layburn, which belongs
to his free tenement in the same vill, does not go on. Therefore
he and his pledges for the prosecution are in mercy, to wit,
Richard son of Richard de Herneby and John son of Ralph
de Burton.
William son of EUzabeth puts in his place Richard son
of John against Eustace de Folevill in a plea of land.
ALSO OF THE LIBERTY OF S. MARY.
[m. 5 d.] The assize comes to recognise if Thomas Faderles and the
Abbat of S. Mary of York unjustly etc. disseised William le
1 Flamborough. ^ Wombwell. ' Liuthwaite.
74 YORKSHIRE ASSIZE ROLLS.
ToUere of Buthumi of his free tenement in Muketon,^ after the
first etc. And thereof he complains that they disseised him
of 2 bovates and 3 tofts with appurtenances. And Thomas
does not come nor was he attached, because he was not found.
And the Abbat comes and says nothing why the assize should
remain, except only that he says that the said land was the
right and [frank] marriage of a certain wife of the said Thomas,
and [that] the said Thomas demised it to the said William for
a term, within which term the said Thomas enfeoffed thereof
the said Abbat by the assent and will of the said WilUam. And
of this they put themselves on the assize.
The jurors say that in truth the said Thomas demised the
said land to the said William for a term in such a manner
that, if the said Thomas should wish to sell that land to
anyone, he should pay to the said William the money which
he [Thomas] received from him for the said land, and likewise
the cost which the said William should have expended on that
land ; and [that] within that term the said Thomas came and
sold to the said Abbat the said land, and put him in full seisin
thereof. But they say that the said William has not yet been
satisfied with respect to the said money.
The assize comes to recognise if the Abbat of S. Mary
of York and Roger the Sergeant unjustly etc. disseised William
de Lasceles of his free tenement in Wantsaund and Burton,
after the first etc. And thereof he complains that they
disseised him of 2 marks of land and of rent with appurtenances,
which the said Abbat granted to the said William by a fine
made between them in the court of the Lord King before the
Justiciars on their last iter in that county, in return for a certain
fishpond, touching which a duel was fought between them
in the same court. And thereof he says that the sheriff made
his return to the baiUff of the Uberty of Heuderness, that he
should cause him to have and be assigned the said 2 marks of
land and of rent ; and [that] the said bailiff, by the oath of
proved and lawful men of that neighbourhood, assigned to
him the said 2 marks of land and of rent, and put him in full
seisin thereof, so that by that seisin he took thereof 5 shillings
of rent from a certain tenant, and was in seisin thereof until
the said Abbat ejected him thence. And the Abbat and Roger
come and
' Bootham.
2 Probably an error for Munketon (Nun Monkton), near York.
YORKSHIRE ASSIZE ROLLS. 75
The assize comes to recognise if Simon de Lilling unjustly
etc. disseised Roger son of Robert de Fimere of his free tenement
in Fimmer'/ after the first etc. And thereof he complains that
he disseised him of half a bovate of land and one toft with
appurtenances. And Simon comes and says that the assize
ought not to be made thereof ; because he says that he [Roger]
never was in seisin so as to be disseised thereof. And of this he
puts himself on the assize.
The jurors say that in truth the said half bovate of land was
the right and inheritance of the said Roger, which descended
to him from a certain Macha, aunt {amita) of Robert father
of the said Roger, after the death of the said Roger
[? Robert] ; and [that] then came a certain Paulinus de
LilUng, father of the said Simon, chief lord of the fee, who
seized that land into his hand, and afterwards demised it to
a certain Alice, mother of the said Roger, to hold from him
for 6 pence a year ; and [that] after the death of the said Pauhn-
us came the said Simon, who seized that land into his hand
and afterwards demised it to a certain woman who held it for
five or six years ; and [that] then came the said Alice and spoke
to such purpose (tantum) with the said Simon that he granted
the said land to her to hold from him for 3 shillings a year ; so
that the said Roger never was in seisin thereof. Wherefore
they say that the said Simon did not disseise the said Roger
of any tenement. And therefore it is considered that the said
Simon do go thence without day ; and [that] Roger do take
nothing by that assize, and be in mercy for a false claim ; he
is poor.
THE LIBERTY OF S. PETER.
The assize comes to recognise if Master Adenolph, canon
of the Church of York, Reynold the reeve of Rikal, Henry son
of Roger of the same [vill], Walter son of Emma, Thomas son
of Nicholas, Nicholas the Miller, Hugh at the gate of the
hall {ad portam aule), Alan son of Peter, Henry at the ditch
[ad fossum), John Petit, Benedict le Blund, Adam son of
Stephen, Henry son of Alan, Arthur son of Walter, Hugh son
of Henry, Roger the Carpenter, Thomas son of the Harper
[Cithericus), Richard of the Moor, John de Seleby, John
of the Moor, Roger the son-in-law^ of Arthur, Ralph [?]
brother of the said Roger, William de Lathum, Thomas son
1 Fimber, in the parish of Wetwang, near Slednjiere.
^ There is some mistake; the original is nurus (daughter-in-law).
76 YORKSHIRE ASSIZE ROLLS.
of Roger unjustly etc. disseised William de Averenges of his
free tenement in Skypewith, after the first etc. And thereof
he complains that they disseised him of a certain moor which
contains about 20 acres. And Master Aldenulph did not
come ; nor was he attached, because he was not found. There-
fore let the assize proceed against him by default. And
Reynold the reeve and all the others come and say nothing
why the assize should remain, except only that they say that
he [William de Averenges] never was in seisin thereof so as
to be disseised thereof. And the said William says that he was
always in seisin thereof as in his severalty, without their being
able to claim anything in the s"aid moor except only herbage ;
and of this he puts himself on the assize.
The jurors say that the said Aldenolph and the others did
not disseise the said William of the said tenement, which he put
in their view, unjustly etc.; because they say that he [WilUam]
has no several tenement there, since they can cut turf there
and make their other profits (proficua) thereof at their will.
Wherefore they say that they did not disseise him, as the writ
says. And therefore it is considered that the said Aldenolph
and the others do go thence without day ; and [that] the said
WilUam do take nothing by that assize, and be in mercy for a
false claim.
[m.6.] The assize comes to recognise if William de Wyvill, John
Fergus, Adam Spenser, and Robert Trailhondey disseised the
Prior of Holy Trinity of York of his common of pasture in
Slengeby,iwhich belongs to his free tenement in Conyngesthorp,^
after the first etc. And thereof he complains that they disseised
him of common of pasture in a certain place of moor and furze
which contains about 80 acres, where he was wont always
to common with all kinds of his beasts. And WilUam and the
others come and say that the assize ought not to be made there-
of ; because they say that no common in Lengeby {sic) belongs
to any tenement in Conyngesthorp, since they are of a different
barony. And especially they say that if at any time he had
common in the said place of which he complains to have been
disseised, it was on account of their gift and not as belonging
to his free tenement in Coningesthorp.
The same assize by the same recognitors comes to recognise
if William de Wyvill, WilUam de Tracy, Richard de Wyvill,
and Walter de Welleford unjustly etc. disseised the said Prior
of his free tenement in Conyngesthorp, after the first etc. And
'• Slingsby. ' Coneysthorpe.
YORKSHIRE ASSIZE ROLLS. 77
thereof he complains that they disseised him of 9 perches of
land in length and one perch of land in breadth. And Wilham
and the others come and say nothing why the assize should
remain, except only that they say that the said tenement is
in Lengeby, and not in Coningesthorp. And of this they put
themselves on the assize.
The jurors say that the said William and the others did not
disseise the said Prior of the said common of pasture, which he
put in their view, unjustly etc., because they say that the said
Prior had no common in Lengeby except on account of their
[William's etc.] gift, and not as belonging to any free tenement
in Coningesthorp. And therefore it is considered that the said
WiUiam and the others do. go thence without day ; and [that]
the Prior do take nothing by that assize, and be in mercy for
a false claim.
They say also that the said William and the others contained
in the second writ disseised the said Prior of a certain part of
the said tenement, which he put in their view, and not of the
whole. And therefore it is considered that the said Prior do
recover his seisin by view of the recognitors ; and [that] William
and the others be in mercy ; and [that] the Prior be likewise
in mercy, because he put more in their view than that of which
he was disseised. Damages 4^.
The assize comes to recognise if Nicholas son of Adam de
Flanderwath unjustly etc. disseised the Abbat of Roche of his
free tenement in Brameley, after the first etc. And thereof
he complains that he disseised him of 4 perches of land in length
and one perch [of land] in breadth. And Nicholas comes and
acknowledges the disseisin. Therefore it is considered that the
said Abbat do recover his seisin ; and [that] Nicholas be
committed to gaol. And the Abbat remits his damages. The
pledges of the said Nicholas [are] Wilham del Kere and Wilham
Pavy.
Walter son of Gilbert de Chyvet, who brought a writ of
novel disseisin against Thomas Tyrel and others contained in
the writ concerning his common of pasture in Chyvet, which
belongs to his free tenement in the said vill, does not go on.
Therefore he and his pledges for the prosecution are in mercy,
to wit, Wilham son of the Parson of Heton and Elyas son of
Wilham de Riseworth.
The assize comes to recognise if Richard de Ledes unjustly
etc. disseised Agnes, who was the wife of Robert son of Odard,
/8 YORKSHIRE ASSIZE ROLLS,
of her free tenement in Rudon/ after the first etc. And thereof
she complains that he disseised her of 2 acres of land with
appurtenances. And Richard comes and says nothing why the
assize should remain, except only that he says that she [Agnes]
never was in seisin of the said land, except only in respect
of the service of the said land. And of this he puts himself
on the assize.
The jurors say that the said Richard did not disseise the
said Agnes of the said tenement, which she put in their view ;
because they say that she never was seised thereof, except in
respect of the service of the said land. And therefore it is
considered that the said Richard do go thence without day ;
and [that] Agnes be in mercy for a false claim.
John de Clervaus, who brought 2 writs of novel disseisin
against Roald son of Roald, concerning a tenement in Croft-
on-Teyse, and concerning his common of pasture in Croft,
which belongs to his free tenement in the same [vill], does
not go on. Therefore he and his pledges for the prosecution
are in mercy, to wit, Robert le Bret, and Ralph de Streneshal,
and Simon de Sproxton.
The assize comes to recognise if Margery, who was the wife
of Wilham Maundevill, unjustly etc. raised a certain bank in
Wellum to the nuisance of the free tenement of the Prior of
Malton in the same vill, after the first etc. And thereof he
complains that by this said bank which the said Margery raised
he, the said Prior, is hindered from being able to have his
drive with his beasts to his pasture, and to carry his corn and
hay conveniently enough as was his wont. And Margery
comes and says nothing why the assize should remain.
The jurors say that in truth the said Margery raised the
said bank for her meadow and hay ; but they say that the said
Prior has not yet any nuisance by reason of the said bank,
because the meadows of the said Prior are as well protected
by the said bank as are the meadows of the said Margery ; but
they say that if the said bank so stands during the whole year
the said Prior will perhaps have a nuisance, because he will not
have his drive with his beasts to the said pasture and his carriage
with his hay. And because the said Prior has not yet any
nuisance by reason of the bank raised, it is considered that the
said Margery do go thence without day ; and [that] the Prior
be in mercy for a false claim. And the sheriff is ordered,
' Rawden.
YORKSHIRE ASSIZE ROLLS. 79
as soon as the said Prior has a nuisance by reason of the said
bank, to cause that bank to be destroyed by view of the recog-
nitors at Margery's cost, of as much as it shall be to [the Prior's]
nuisance.
The assize comes to recognise if Thomas son of Walter de
Mar unjustly etc. disseised Hugh de Mar of his free tenement in
Mar, after the first etc. And thereof he complains that he
disseised him of half an acre of land with appurtenances.
And Thomas comes and says nothing why the assize should
remain.
The jurors say that the said Thomas did not disseise the
said Hugh of the said tenement, which he put in their view,
unjustly etc. And therefore it is considered that the said
Thomas do go thence without day ; and [that] Hugh do take
nothing by that assize, but be in mercy for a false claim.
Ralph de Amundevill and Avice his wife put in their place
Adam de Ponteyse or Robert de Teteneye against the Prioress
of Campesee in a plea of advowson^; and against the Abbat
of Byland in a plea of naifty in the County of York.
The said Ralph puts in his place Robert de Teteneye or
Robert de Foweleston against Maude, who was the wife of Picot
de Lasceles, in a plea of dower. And Avice the wife of the said
Ralph puts in her place Adam de Ponteyse or Eborard Acton
against the said [Maude] in the same [plea] etc.
Aubrey de Percy puts in her place Richard Orre or William
Kayl against Henry the Chamberlain in a plea of land.
Peter de Percy puts in his place John le Waleys against
the said Henry in a plea of land etc.
Emma wife of Wilham the Bastard puts in her place WilUam
her husband against [? or] Walter son of Richard against
Alexander de Stubbes and others named in the writ in a plea
of novel disseisin, whereof she complains
Peter de Mauley puts in his place Thomas the clerk or
Welond de Mulegreve against Emma Wastehos in a plea of
diverse , and against Alan de Daneby, WiUiam son of
Hawise, and Thomas Spridi, in a plea of pannage.
The Prior of Kirkham puts in his place Robert de Brideshal'
or Laurence le Messager against Thomas de Boulton and Eleanor
his wife in a plea of land.
1 The first part of the entry belongs to Lincolnshire,
80 YORKSHIRE ASSIZE ROLLS.
Gilbert de Brideshal puts in his place the said Robert or
Laurence against the same in the same [plea] etc.
William de Lasceles puts in his place Robert de Staveme
against the Abbat of York and others named [in the writ] in
a plea of novel disseisin, whereof he complains etc.
The Abbat of Hep^ puts in his place Serlo son of Thomas or
Henry the Forester against Ahce de Helton in a plea of warranty
etc.
The Abbat of Thorenton puts in his place Brother William
of Lincoln, his canon, against Ralph son of Robert, to speak
on his behalf at the Exchequer of the Jews^if any wishes to
speak against him [the said Abbat].
[m. 6rf.] The assize comes to recognise if John de Cokerington and
William de Covenham unjustly etc. disseised Thomas de Gunne-
by of common of pasture in Folkethorp,^ which belongs to his
free tenement in the same vill, after the first etc. And thereof
he complains that they disseised him of common of pasture
in a certain place which contains about 7 acres of land, where
he was wont always to common after the corn was carried
and [when the land lay] fallow (in warectis). And John and
William do not come ; nor were they attached, because they
were not found. Therefore let the assize proceed against
them by default.
The jurors say that the said John and William disseised
the said Thomas of the said common of pasture, which he put
in their view etc. And therefore it is considered that the said
Thomas do recover his seisin, by view of the jurors ; and [that]
John and William be in mercy.
Damages : i mark.
The assize comes to recognise if Nicholas, formerly Bishop
of Durham, Thomas de Baruwe, the baiUff of Houeden, Robert
de Hakethorp, John de Clif, Gilbert of the Garden, Walter
Resun, the reeve of Clif, Adam his son, William Cok, Robert
Adam, Geoffrey son of Norman, William Starre, and Adam son
of Geoffrey unjustly etc. disseised Emma Wastehose, Anketil
de Thorenton, and WilHam de Bilton of their common of
turbary in Duffeld, which belongs to their free tenement in the
same vill, after the first etc. And thereof they complain that
they disseised them of common of turbary in a certain moor
which contains about 20 acres, where they were wont always
1 Sliap, in Westmorland. ^ See Appendix II, ' Foggathorpe, near Selby.
YORKSHIRE ASSIZE ROLLS. 81
to cut turf. And Nicholas does not come ; but Thomas and
the others come ; and Thomas answers for himself and the said
Nicholas and all the others ; and he says nothing why the
assize should remain, except only that he says that the said
Nicholas holds the said moor in no other manner than his
predecessors in the episcopate held it ; because he says that the
said Emma and the others never had any common of turbary
in the said moor, as belonging to any of their tenements.
The jurors say that the said Nicholas, formerly Bishop, and
the others did not disseise Emma Wastehose, Anketil, and
WilUam of the said common of turbary ; because they say that
they never were in peaceful seisin for taking turf in the said
moor without surety {divadiatione) ; and especially they say
that the said common of turbary does not belong to any of
their tenements in Duffeld. And therefore it is considered that
the said Nicholas and the others do go thence without day ; and
[that] Emma and the others do take nothing by that assize,
but be in mercy for a false claim etc.
William de Leyrton acknowledges that he has given and
granted to Henry de Leyrton, his nephew, one mark of
annual rent, to be taken in the vill of Leyerton by the hand
of the said WilUam, or by the hand of whatsoever of his bailiffs
as shall be there, at two terms, to wit, one moiety at the feast
of S. Martin and the other moiety at Pentecost, without any
contradiction or hindrance of anyone. And the said William and
his heirs will warrant, defend, and faithfully pay to the said
Henry or his fixed assigns the said mark of annual rent at the
said terms against all men during the whole of the life of the
said Henry, as is more fully contained in the writing drawn
up thereof between them. And especially the said William
acknowledged and granted on behalf of himself and his
heirs that they will assign to the said Henry [the right of]
receiving the said mark of annual rent in a fixed place at
Leyrton from his free tenants. And unless he does so he
acknowledges and grants that he and his heirs will pay the
said annual rent to the said Henry at the fixed terms as is
aforesaid ; and unless he does so he grants that the sheriff
shall cause [to be made] from his lands etc.
John de Chelrey and Alice his wife acknowledge that they
have given and granted to William Ward of Giseley two bovates
of land with appurtenances in Giseley, to wit those which
they held of him in Giseley, and all their demesne in Hedon
82 YORKSHIRE ASSIZE ROLLS.
which they held by name of a share in the inheritance of John
de Hedon. And be it known that the said WiUiam and his
heirs may grind their corn and malt and all their vegetables
(legumina) growing in the said land at the mill of Hedon on
Ayr freely without multure, as is more fully contained in the
writing drawn up thereof between them etc.
The assize comes to recognise if William son of Elyas,
William le Vineter, and Ralph Warled unjustly etc. disseised
Almaria daughter of Benedict of her free tenement in Pontefract.
And thereof she complains that they disseised her of one
messuage and one croft with appurtenances. And WiUiam
and the others do not come ; but Robert de Thorny comes and
answers for them as their bailiff ; and he says nothing why the
assize should remain.
The jurors say that the said William and the others did not
disseise the said Almaria of the said tenement, which she put
in their view, because they say that she never was in seisin
thereof so that she could be disseised. And therefore it is
considered that the said William and the others do go thence
without day ; and [that] Almaria be in mercy for a false
claim etc.
The assize comes to recognise if Alan de Catherton and the
Prior of [Healaugh] Park unjustly etc. disseised Richard Prudfot
of his common of pasture in Catherton, which belongs to his
free tenement in the same vill, after the first etc. And thereof
he complains that they disseised him of common of pasture
in sixty acres, both of moor and wood, where he was wont
to common. And Alan and the Prior come and say nothing
why the assize should remain, except only that they say that
the said Richard ought to have common of pasture for four
oxen with the demesne oxen of Alan himself and his heirs,
wherever the demesne oxen of Alan and his heirs feed, and com-
mon of pasture for his horse everywhere where the palfrey
and horses of the said Alan feed. And they say that he [Richard]
is yet in seisin of the said common everywhere with his oxen
and horses. And of this they put themselves on the assize.
And because no juror has made a view, therefore let the
assize remain to be taken at the coming of the Justiciars.
And the writ remains with the sheriff.
William son of Robert Walthef gives half a mark for licence
of concord with William his son in a plea of land ; and they have
the chirographs.
YORKSHIRE ASSIZE ROLLS. 83
William son of John de Winkesl[ey] puts in his claim on
the making of a certain chirograph between William de Karlton,
plaintiff, and William de Gaugy and A vice his wife, tenants,
concerning the third part of two bovates of land, one mill and
six acres of land with appurtenances in Winkesl[ey].
The assize comes to recognise if John de la Pomeray, Thomas
de Hemmingburg and Agnes his wife unjustly etc. disseised
Robert Burgman and Margery his wife of their free tenement
in Osgoteby,^ after the first etc. And thereof they complain
that they disseised them of one acre and a half of land with
appurtenances. And John and the others come and say
nothing why the assize should remain.
The jurors say that the said John and the others did not
disseise the said Robert and Margery of the said tenement,
which he [? they] put in their view, unjustly etc. And therefore
it is considered that the said John and the others do go thence
without day ; and [that] Robert be in mercy for a false claim.
John de Trelly puts in his place Thomas son of Bryan
or Bryan Pikot against William la Thuche in a plea of waste.
Roger de Lasceles puts in his place William de Lasceles
against Maude de Lasceles in a plea of dower.
Margery de Vescy puts in her place Peter de Melsa or Roger
Grjnnet against Robert de Thorley in a plea of dower ; [? and
against] Ralph Oarhunel and Hyllaria his wife in the same ;
and against Giles de Grenhurst and Clementia his wife in the
same.
[m. 7.] The assize comes to recognise if Thomas son of William de
Merston unjustly etc. disseised John de Gotham and Alice his
wife of their free tenement in FoUflet, after the first etc. And
thereof they complain that they disseised them of half an acre
of land with appurtenances. And Thomas comes and acknow-
ledges the disseisin. Therefore it is considered that the said
John and Alice do recover their seisin ; and [that] Thomas be
in mercy for his trespass. And the said John and Alice remit
their damages etc.
The assize comes to recognise if John the Clerk of Crumbel-
bothum unjustly etc. disseised Elyas de Rissewude^ of his com-
mon of pasture in Rissewurth which belongs to his free tenement
in the said vill, after the first etc. And thereof he complains
^ Osgodby, in the parish of Hemingbrough. ^ Rishworth.
84 YORKSHIRE ASSIZE ROLLS.
that he disseised him of his common of pasture in a certain
wood, which contains about sixteen acres of land, where he
was wont always to common with all kinds of his beasts. And
John comes and says that the assize ought not to be made
thereof ; because he says that the said Elyas holds of John de
Heland,! one of the chief lords of the said vill, who in accord-
ance with the provision of Merton approved his waste and
enclosed the said wood and demised it to the said John the
Clerk, and demised to the said Elyas pasture sufficient for a
larger tenement than he holds in the said vill. And of this
he puts himself on the assize.
The jurors say that in truth the said Elyas holds his tenement
in the said vill of a certain Nicholas de Herdeslawe^; and that
the said Nicholas holds the said tenement from the said John
de Heland, who enclosed the said wood and demised [it] to
the said John the Clerk, and demised sufficient pasture to the
said Elyas for more animals than belong to the tenement
which he holds, in accordance with the provision of Merton.
And they say that he has sufficient pasture for more beasts
than belong to his tenement. And therefore it is considered
that the said John do go thence without day ; and [that]
Elyas be in mercy for a false claim. He made a fine for forty'
shilhngs by the pledge of the said John the Clerk.
The assize comes to recognise if Robert son of William
unjustly etc. disseised Reynold de Lendebodhurst^ of his free
tenement in Eston, after the first etc. And thereof he complains
that he disseised him of four acres of land with appurtenances.
And Robert comes and acknowledges the disseisin. And therefore
it is considered that the said Reynold do recover his seisin ;
and [that] Robert be in mercy by the pledge of Reynold him-
self. And the said Reynold remits to him the damages etc.
The Abbat of Byland offered himself on the fourth day
against John son of Robert de Alwaldeley in a plea of hearing
an inquisition as to whether the said John was ever wont to
pay to the said Abbat two shillings a year for fourteen acres of
land with appurtenances in Aldolvele,* which the said John
holds of the said Abbat, as the said Abbat says, or whether
the said John was never wont to pay to the said Abbat for the
said tenement [anything] excepting only twelve pence a year,
as the said John recognises. And John does not come ; and he
had a day in banco before R. de Thurkelby and A. de Hylton
' Elland. ' cf. Yorkshire Fines, p. 47.
" Ardsley. * Alwoodley, near Harewood,
YORKSHIRE ASSIZE ROLLS. 85
on their first coming to York, by the order of the Lord King,
after he put himself on the said inquisition. And therefore
let the said John be summoned to be at Westminster in fifteen
days from the day of S. Hilary, to hear his judgment thereof etc.
Afterwards the sheriff was ordered to cause to come before him
etc., in full county [court], twelve men etc., by whom etc.;
and who neither ....
The assize comes to recognise what patron in the time of
peace presented the last parson, who is dead, to the church
of Bilton, which is vacant etc.; and the advowson of which
Eufemia, the Prioress of Sinythethweyt, claims against Nichola
of St. Mary, Richard le Waleys, and Alan son of Brian. And
thereof the said Eufemia says that a certain Sapiencia, formerly
Prioress of Snythethweytt, her predecessor as Prioress, in the
time of peace in the time of King John, father of the Lord
King that now is, presented a certain Robert Haget, her clerk,
to the said church ; who was admitted and instituted to
the said church, on the presentation of the said Prioress, and
died the last parson in the same ; and thereof the said Prioress
says that a certain Gundria Haget, for the health of her soul
and the souls of her ancestors, gave and granted to God and
St. Mary and the monks of Syningthwayt the advowson of
the church of Bilton and the whole right which she had in the
same advowson, by the charter of feoffment of Gundria herself,
which she produces and which testifies this.
And Nichola and the others come and say that that charter
ought not to harm them ; because they say that after the
making of that charter the said Gundria presented the said
Robert Haget her clerk to the said church ; who was admitted
and instituted on her presentation, and died the last parson
in the same. And well they say that the said Robert was
never presented to the said church by the said Sapiencia, but
rather by Gundria herself. And that this is so they put them-
selves on the assize. And be it known that that assize is taken
by the assent of the parties.
The jurors say on their oath that in truth the said Sapiencia,
formerly Prioress of Siningthweyt, presented the said Robert
Haget, her clerk, to the said church ; who was admitted
and instituted at her presentation by the assent of the said
Gundria, and died the last parson in the same. And therefore
it is considered that the said Prioress do recover her presenta-
tion to the said church ; and [that] Nichola and the others be
in mercy. And let the Prioress have a writ to the Archbishop
Ob YORKSHIRE ASSIZE ROLLS.
of York that notwithstanding the claim of the said Nichola
and the others, he do admit a worthy {idoneam) parson on the
presentation of the said Prioress.
The assize comes to recognise if John the parson of the
church of Holme, Robert son of. Alice, Robert son of Herbert,
and Simon Tag .... unjustly etc. disseised Maude de Beauver
of her free tenement in Holme, after the first etc. And thereof
she complains that they disseised her of three acres of land
with appurtenances, which previously she recovered against
him [? them]. And John and the others come and say nothing
why the assize should remain, except only that they say that
they did not disseise her of any tenement which she recovered
against him [? them], because she is in seisin thereof, and held
herself content therewith. And of this they put themselves
on the assize.
The same assize by the same recognitors comes to recognise
if Robert the Constable and John Hubert unjustly etc. disseised
the said Maude of her common of pasture in Holme, which
belongs to her free tenement in the said vill, after the first etc.
And thereof she complains that they disseised her of common
of pasture in a certain moor which contains about 400 acres,
which common she recovered before the Justiciars at the last
assizes, and had her seisin by the sheriff's bailiffs. And Robert
and John come and say nothing why the assize should remain,
except only that they say that she is in seisin of the said common
of pasture of which she complains to have been disseised. And
of this they put themselves on the assize.
The jurors say that the said John and the others did not
disseise the said Maude of the said tenement, which she put
in their view, unjustly etc., because they say that she is in
seisin of the whole tenement which she recovered against
him [? them]. They say also that she is in seisin of the said
common of which she complains to have been disseised ; and
that the said Robert did not hinder her from being well able
to common in the said moor, just as she recovered her
common. And therefore it is considered that the said John
and Robert and all the others do go thence without day ; and
[that] Maude do take nothing by those assizes, but be in
mercy for a false claim etc.
Maude, who was the wife of Picot de Lasceles, puts in her
place Ranulph de Akland or Thomas de Me5Tievill against
Ralph de Amundevill and Avice his wife and others named in
the writ in a plea of dower etc.
YORKSHIRE ASSI2£ ROLLS. 87
The Master of the Hospital of St. Leonard of York puts in
his place Alan de Kime or John de Welle against Constance de
Aclum [?].... in a plea of dower.
William de Haverang acknowledges that he gave and granted
to Walter de Grendal and Alice his wife, and the heirs begotten
of their bodies, their reasonable estovers in his woods and in
all his essarts or places meet to be essarted, with the exception
of two bovates of land in Schipwith, as is more fully contained
in the charter of the said William, which they have thereof.
The jury of twenty-four between Hawise de Thorp
is put in respite until the coming of R. de Thurkelby into those
parts, unless the Lord King meanwhile shall have ordered
otherwise, because the jurors of that jury do not come etc.
The Abbat of Melsa puts in his place Robert de
[m.Td.j The assize comes to recognise if Gilbert de Gaunt unjustly
etc. disseised Avice Marmyun of her common of pasture in
Hundemaneby,! which belongs to her free tenement in the said
vill. And thereof she complains that he disseised her of her
. common of pasture in a certain piece of moor which contains
about three acres, where she was wont always to common.
And Gilbert comes and says nothing why the assize should
remain, except only that he says that she is in seisin of the
common of pasture of which she complains to have been dis-
seised. Afterwards that assize was put in respite until the
next coming of R. de Thurkelby, when he shall come to those
parts, on account of the default of the recognitors etc. And
let the writ remain with the sheriff.
The assize of mort d' ancestor between Thomas de Wytelegh,
chaplain, and Gilbert de Wetelegh,^ concerning a tenement in
Wetelegh, is put in respite until the next coming of R. de
Thurkelby to those parts, on account of the default of the
recognitors etc.
John de Kava claims against Hugh de Driffeld ten acres
of meadow with appurtenances in Kava as his right etc. And
Hugh comes and vouches to warranty thereof WilUam son of
John de Waukinton, who is present and warrants him and
vouches to warranty thereof Roger Deyvill. Let him have
him on the octave of S. Michael, at Westminster. And be
it known that that plea is impleaded with the consent of the
parties and at the prayer of the tenant etc.
^ Hunmanby. 2 Whitley.
88 YORKSHIRE ASSIZE ROLLS.
ASSIZE ^ROLL No. 1049.
PLEAS OF ASSIZES AND JURIES AT MALTON
BEFORE H. LE BIGOD, JUSTICIAR OF ENGLAND,
ON THE MORROW OF THE NATIVITY OF THE
BLESSED MARY, IN THE 44TH YEAR (OF THE
REIGN OF KING HENRY III).
[Memb. i.] The assize^ comes to recognise if Peter de Rocs unjustly
etc. disseised the Abbat of Ryvalle of his common of pasture
inBolum^ which belongs to his free tenement in Skipnum,^
after the first etc. And thereof he complains that he
disseised him of common of pasture for 300 sheep in a certain
moor which contains about 300 acres, where he was wont to
common during the whole year. And Peter does not come ;
and he was attached by Alan the reeve of Bothelum and Roger
the reeve of Pockeley ; therefore they [are] in mercy. And
let the assize be taken against him by default.
The jurors say that Peter disseised the Abbat of his said
common of pasture in the said moor, where the Abbat was wont
to have common for 300 sheep with their lambs until they were
separated, unjustly etc. And therefore it is considered that
the Abbat do recover his seisin by view of the recognitors ; and
that Peter be in mercy.
Damages : 40 shillings.
The assize comes to recognise if Richard de Wharrum father
of Alan was seised in his demesne [as of fee] of a toft with appur-
tenances in Wharrum on the day on which [he died] ; and if
[Alan is his next heir]. Which toft the Abbat of Melsa holds.
Who comes and says that Alan can claim nothing in the said
toft, because he says that a certain Alice who was the wife of
the said Richard, in respect of whose death [Alan claims],
and who held that toft in dower, enfeoffed a certain Geoffrey
le Cuverur, by whose grant he himself holds that tenement.
And he says that Geoffrey afterwards acquired a charter of
Alan himself confirming the said toft, which he produces and
which testifies that Alan granted and confirmed to Geoffrey the
toft with appurtenances ; and that Alan and his heirs would
warrant etc. And that this is so he puts himself on the assize.
1 This suit is printed in the Rievaulx Cartulary (Surtees Society), p. 401.
" Beadlam, near Helmsley.
' Skiplam.
YORKSHIRE ASSIZE ROLLS. 89
The jurors say that Geoffrey acquired the toft from the said
Alice and Richard, so that he accepted a charter of feoffment
from AUce, because she was then in seisin, and took a charter
of Richard [? Alan] himself confirming the toft. And there-
fore it is considered that the Abbat do go thence without day ;
and that Richard [? Alan] do take nothing by that assize, and
be in mercy for his false claim.
The assize comes to recognise if WiUiam de Baylloll, Walter
de Brandeby, and Thomas le Utlaghe unjustly etc. disseised
William YoU of his free tenement in Yarpestrop,i after the first
etc. And thereof he complains that they disseised him of
two acres and one rood of land and one acre and one rood of
meadow with appurtenances.
The same assize by the same recognitors comes to recognise
if the said Wilham de BayloU, William Burdun, and Walter de
Brandeby unjustly etc. disseised the said WilUam of his com-
mon of pasure in Yarpestrop which belongs to his free tenement
in the same vill, after the first etc. And thereof he complains
that they disseised him of common of pasture in half an acre,
in which he himself was wont to common with all kinds of his
beasts during the whole year. And William and the others
did not come ; nor were they attached because they were not
found. Therefore let the assizes be taken against them by
default.
The jurors say that the said William, Walter, and Thomas
disseised the said WilUam of the said tenements, which he
placed in their view, unjustly etc. And therefore it is considered
that the said William Yoll do recover his seisin by view of the
recognitors ; and William and the others be in mercy.
Damages : 40 pence.
And with regard to the second assize they say that the said
WiUiam de Baillol and Walter de Brandeby disseised the said
WilUam of the said common of pasture, which he placed in their
view, unjustly etc., as the writ says. They say also that the
said WilUam Burdun was not present when the said disseisin
was made. And therefore it is considered that the said WilUam
do recover his seisin against the said WilUam de Bayllol and
WilUam [? Walter] by view of the jurors ; and WilUam and
Walter be in mercy ; and WilUam YoU Ukewise be in mercy
for a false claim against WilUam Burdun.
Damages : 41 pence.
1 Easthorpe, near Barton-le-Street.
90 YORKSHIRE ASSIZE ROLLS.
The assize comes to recognise if Stephen de Menyll, Thomas
Fossard, Alan son of Hervey, and Alan son of Emma unjustly
etc. disseised Richard Hacekarl of his free tenement in Flathe-
wath.i after the first etc. And thereof he complains that they
disseised him of half a rood of land with appurtenances.
The same assize by the same recognitors comes to recognise
if the said Stephen, Thomas, and the others unjustly etc.
disseised the said Richard of his common of pasture in Alde-
werk which belongs to his free tenement in Flathewath, after
the first etc. And thereof he complains that they disseised
him of common of pasture in sixty acres of moor, where he
was wont to common with all kinds of his beasts during the
whole year.
And Stephen and the others come, and Stephen answers
for himself and all the others. And he says nothing why the
assizes should remain, except only that he says that no common
of pasture in Aldewerk belongs to any tenement in Flathewath,
nor also has the said Richard ever used any common of pasture
in Aldwerk as belonging to any free tenement of his in Flathe-
wath. And of this he puts himself on the assize.
The jurors for the first assize say that Stephen and the others
disseised Richard of the said tenement, which he put in their
view, unjustly etc., as the writ says. And therefore it is con-
sidered that the said Richard do recover his seisin by view of
the recognitors ; and Stephen and all the others be in mercy.
And as for the second assize they say that Stephen and
the others did not disseise Richard of his said common of pasture
in Aldewerk belonging to his free tenement, because they say
that Richard never used that common except by their gift
{pro suo dando). And therefore it is considered that the said
Stephen and the others do go without day ; and that Richard
do take nothing by that assize, and be in mercy for a false
claim. Damages of the first assize : 12 pence.
The assize comes to recognise if John le Champyun of
Thorenton, Robert del Hull, John de Cravene, Andrew son of
Alan, William Barnefader, Walter Gouer, John le Despenser,
Thomas de Flykeston, John the Chaplain of Alverstan, John the
Chaplain of Thorneton, James the Miller, Robert Stob, Roger
his brother, WilUam the Reeve, Geoffrey at Brig (ad pontem)
Roger Munning, John the Tailor, Reynold the Miller, William
1 Flawith, in the parish of Alne.
YORKSHIRE ASSIZE ROLLS. 91
Kinch, Reynold his son, Re5mold the Shepherd, Alan the Reeve,
Reynold son of Reynold the Miller, Richard the Smith, Reynold
son of Tunnok, Ralph son of Tunnok, Andrew son of Tunnok,
Walter son of John the Reeve, Geoffrey Brock, William Swyn,
Thomas the Cowherd, Thomas le Boren, John Chytte, and
Walter Gillocman unjustly etc. disseised Nicholas de Hasting
of his free tenement in Auverstan, after the first etc. And
thereof he complained that they disseised him of twenty
acres of furze and twenty acres of turbary with appurtenances.
And John and all the others come and say that the vill of
Auverstan is a member of the manor of Sir Reynold de Pekering,
in which no writ runs except the little writ of right close.^ And
therefore it is considered that the said Nicholas do take nothing
by that assize. But inasmuch as no writ is provided in that case,
therefore it is provided by the Justiciars that they do answer.
The assize comes to recognise if John de Ask, Gilbert de
Rugemund, Stephen Maulovel, Ralph Balling, Robert Maulovel,
Adam Anmdel, Roger Neucomen, Adam Totty, Walter Hog,
Robert Wayman, John Ling, Robert son of Roger, John Prest,
William Granger, WilUam Colman, Hugh Bulur, William son
of Hawe, and Luke Perunder unjustly etc. disseised William
son of Bartholomew of Eskelby of his free tenement in Crosseby,
after the first etc. And thereof he complains that they disseised
him of half a rood of land with appurtenances.
The saime assize by the same recognitors comes to recognise
if John de Ask, Ralph Dalling, Roger Neucomen, Adam Totty,
Robert Wayman, Walter Hog, John Ling, William Colman,
William son of Hawe, John Prest, William Granger, Robert son
of Roger, and Luke Perunder unjustly etc. disseised the said
William of his common of pasture in Gayteneby which belongs
to his free tenement in Eskelby and Crosseby, after the first
etc. And thereof he complains that they disseised him of
common of pasture in sixty acres of moor, in which he was
wont to common with all kinds of his beasts during the whole
year. And John and all the others come and say nothing why
the assizes should remain.
The jurors for both assizes say that John, Gilbert and all
the others disseised WilHam of the said tenement, which he put
in their view, and in like manner of the said common of pasture
in Geyteneby belonging to his free tenement [in] Eskelby and
Crosseby, unjustly etc.
' See Appendix II.
92 YORKSHIRE ASSIZE ROLLS.
And therefore it is considered that the said WilUam do
recover his seisin by view of the recognitors ; and that John
and all the others be in mercy.
Damages : 2 shillings.
Afterwards comes Ralph de DaUing and offers to the Lord
King one mark for having a jury of twenty-four to convict
the twelve. And it is received by the pledges of John de Ask
and Gilbert de Rugemund. And the same are pledges for
the prosecution. And therefore the sheriff is ordered to cause
that jury to come.
Adam Neucumey of Beleby, William the reeve of Beleby,
and William de Levene servant of Thomas de Craystok are in
mercy because they had not the said Thomas de Craystok
before the Justiciar as they had undertaken.
[m. irf.] John son of Robert de Colton, who brought an assize of
novel disseisin against William de Wyvill concerning common
of pasture in Colton belonging to his free tenement in the said
vill, does not go on. Therefore he himself and his pledges
for the prosecution are in mercy, to wit William son of Robert
de Haumelay and Reynold le Mojnie of Edeston.
The assize comes to recognise if Walter de Ledde, Walter
son of John, Henry de Crosseby, William de Crosseby, and Alan
son of Beatrix unjustly etc. disseised Iseult de Massam of her
free tenement in Eskelby, after the first etc. And thereof she
complains that they disseised her of an acre and a half of
land with appurtenances. And Walter and all the others come ;
and they say nothing why the assize should remain, except
only that they say that Iseult herself is in seisin of the said
tenement of which she complains of having been disseised.
And of this they put themselves on the assize.
And the jurors upon their oath bear witness to this. There-
fore it is considered that the said Walter and all the others do
go without day ; and that Iseult take nothing by that assize,
and be in mercy for her false claim.
Margery, who was the wife of Robert de Bayllol, com-
plained of John le Franceys that on the Tuesday next after the
Annunciation of the Blessed Mary in the thirty-eighth year
[of King Henry III], he sent a certain Richard his servant to
the house of Margery in Rednesse, who at the command of John
himself imprisoned her in her own house, to wit in a certain
YORKSHIRE ASSIZE ROLLS. 93
solar, and kept her in prison until she had found for the said
Richard safe pledges that she would be before the said John
her Lord at York at a certain fixed term, to answer to the said
John concerning that which John should wish to say against
her, although she had offended him in nothing.
And she says that by this manner of coercion she went
herself to York before the said John on the day fixed for her,
and there could in no way escape nor acquit her pledges which
she had found, until she had made a fine with John himself for
sixty marks, and especially until she had granted to him certain
land which she had in custody for a term of five years, and of
which the custody was worth fifteen marks. And thereof she
says that she is damaged and has a loss to the value of loo
marks. And thereof she produces suit.
And John comes and denies the force and injury when
etc. And as for the said imprisonment he prays judgment
whether he ought to answer concerning the sending or the
command until the deed is proved.
Afterwards comes the said John and freely answers to the
whole of the said trespass. And he denies the whole of it etc.
And thereof he puts himself on the country. And Margery in
like manner.
And the jurors chosen with the consent of the parties say
upon their oath that the said Richard never imprisoned the
said Margery at the command of the said John, nor kept her
in prison as she complained. But they say that in truth a
certain William, son and heir of Robert de Bayllol and
the said Margery, after the death of the said Robert his
father made a certain fine with him [John] for the relief and
other things touching his inheritance, so that John himself
distrained the whole tenement which was Robert's until the
said WilUam should find pledges or security for the said fine
without any trespass to Margery. And therefore it is considered
that John do go without day ; and Margery be in mercy for
her false claim.
Thomas Twapenes and Emma his wife, who brought an
assize of mort d' ancestor against William Nedder concerning
two parts of one bovate of land with appurtenances in Boing-
ton, came and withdrew. Therefore let Wilham go without
day ; and Thomas and his pledges for the prosecution be in
mercy, to wit Wilham the clerk of Boington and Andrew
son of Benedict of Esfon,
94 YORKSHIRE ASSIZE ROLLS.
John le Norreys, who brought an assize of novel disseisin
against Thomas son of Michael de Dauton, John son of Margery,
and others in the writ concerning a certain bank raised in
Dauton Michel/ to the damage etc., in the same vUl does not
go on. Therefore let him and his pledges for the prosecution
be in mercy, to wit Warin de Scargile and Richard de Harehen.
Peter de Rand, who brought an assize of novel disseisin
against Robert de Lasceles concerning common of pasture in
Catheholm {sic) belonging to his free tenement in the said vill,
does not go on. Therefore let him and his pledges for the
prosecution be in mercy, to wit Thomas de Ellington and
Thomas son of Sygherith de Hunton.
The assize comes to recognise if Margery, who was the wife
of William of St. James, Geoffrey de Wycumb, servant
of Peter de Sabaudia of Neusum, and Alice his wife, and Alan
of St. James unjustly etc. desseised Thomas son of Hugh
de Clyf of his free tenement in Dreuton and Clyf, after the
first etc. And thereof he complains that they disseised him
of eight bovates of land with appurtenances in Dreuton, and
of a third part of two bovates of land with appurtenances in
Clyf. And Margary and all the others come and say nothing
why the assize should remain, except only that the said Margery
says that in truth the said Thomas at one time held the said
tenement by the grant of Margery herself ; but she says that
Thomas afterwards surrendered the said tenements to her, and
made his writing of quitclaim thereof. And that this is so she
puts herself on the assize.
The same assize by the same recognitors comes to recognise
if the said Thomas son of Hugh unjustly etc. disseised the said
Margery of her free tenement in Clyf, after the first etc. And
thereof she complains that he disseised her of a third part
of one messuage with appurtenances. And Thomas comes and
says nothing why the assize should remain.
The juroi^s for the first assize say that in truth Thomas at
one time held the said tenements by the grant of the said
Margaret by paying fifty shillings annually ; but they say that
Thomas of his own freewill afterwards remitted to Margery the
said tenements with appurtenances, and made his writing of
quitclaim thereof to her. Wherefore thej- say that Margery
and the others did not disseise him unjustly etc. And there-
fore let them go without day ; and Thomas be in mercy for a
false claim.
^ Dalton, in the parish of Kirkby Ravensworth.
YORKSHIRE ASSIZE ROLLS. 95
And as for the second assize they say that the said Thomas
did not disseise the said Margery of the said tenement, which
she put in their view. And therefore it is considered that
Thomas do go without day ; and that Margery take nothing
by that assize, but be in iriercy for a false claim.
William Post and Ahce his wife, who brought an assize of
mort d' ancestor against the Prior of Kirkeham concerning six
bovates of land with appurtenances in Frydaythorp, do
not go on. Therefore let the Prior go without day ; and
William and his pledges for the prosecution be in mercy, to
wit Richard son of Roger de Galmeton'^ and William his son of
the same [vill].
The assize comes to recognise if Ahce who was the wife of
Edmund de Lascy, John Bek, Henry parson of the church of
Normanton, Hugh the clerk of Catelford, Robert de Berwik,
Henry Beueben, William de Walton, Roger de la Grene, and
Alexander de Rothewell unjustly etc. disseised Roger le Peytevin
of his free tenement in Toueton and Saxton, after the first
etc. And thereof he complains that they disseised him of the
manors of Toueton and Saxton with appurtenances. And
Alice, John, and the others, save Henry the parson, do not
come. But a certain John de Thorp, the bailiff of Alice,
together with the said Henry the parson, comes and answers
for her and all the others. And he says nothing why the
assize should remain, except only that concerning the manor
of Toueton he says that they made no disseisin thereof, because
they say that if any disseisin was made thereof it was [made]
by a certain Master Elyas the Jew of London, who had seisin
of the said manor by order of the Lord King, and not by
them. And as for the manor of Saxton, they say that he
[Roger] brought that assize unjustly, because they say that
the said Roger was bound to the said Ahce in a debt of forty
marks by his writing obligatory in which it is contained- that,
unless Roger paid to her the said debt at a fixed term contained
in that writing, it should be lawful for Alice to seize that manor
into her hand and hold it until she had taken therefrom the
said debt of forty marks. And they say that because Roger
did not pay the said money at the term appointed, Alice, there-
fore, who is the chief Lord of the fee, seized the said manor
into her hand for the said reason. Wherefore they say that she
claims nothing in that manor, neither the fee nor the free tene-
^ Ganton,
96 YORKSHIRE ASSIZE ROLLS.
merit. And they pray that it should be inquired by the assize
if this is so.
The jurors say that the said Roger was bound to a certain
Master Elyas, son of Master Mosse the Jew of London, in a
certain very large sum of money which he had received from
him by way of loan [mutuo), for which money the said manor of
Toueton was the surety of the said Jew, so that the Jew, since
Roger did not pay at his terms, brought a certain writ of the
Lord King to the sheriff of York to have seisin of that manor,
by which the Jew had seisin of the manor ; wherefore they say
that the said Alice, John, and the others did not disseise the
said Roger of that manor of Toueton. They say also that
Alice, John, and all the others disseised Roger of the manor
of Saxton unjustly etc., as the writ says. And therefore it is
considered that Roger do recover his seisin by view of the
recognitors ; and Alice and all the others be in mercy.
Damages : 50 marks.
The assize comes to recognise if Rycher de Amhal, Robert
de Gloucestre, John son of Richard de Wycheton, William
Lillecok, and . •. . bert Lillecok unjustly etc. disseised Richard
de Rughton of his common of turbary in Amhal^ which belongs
to his free tenement in the same vill, after the first etc. And
thereof he complains that they disseised him of common of
turbary in a certain place which contains one acre. And
Richer comes and answers for himself and all the others, and
says nothing why the assize should remain.
The jurors say that the said Richer did not disseise the
said Richard of the said common of turbary, which he put in
their view, unjustly etc., as Richard complained. And there-
fore it is considered that the said Richer and the others do
go without day ; and Richard be in mercy for a false claim.
Mary the wife of Henry de Preston puts in her place Henry
himself against Saer de Sutton in a plea of land.
Walter de Thurkelby offered himself on the fourth day
against John le Bel and Henry de Westhag, William Munjoye,
William de Wydinton, William de Feugers, and Hawkmun le
Venur' in a plea, wherefore after thedeath of Roger de Thurkelby,^
brother of Walter, they intruded into the manor of Duffeld
which belonged to Roger, and in the fishpond of the said manor,
1 Arnold, near Beverley.
2 R. de Thurkelby died in June or early in July of 44 Henry HI {Diet,
I^al. Bio^.).
YORKSHIRE ASSIZE ROLLS. 97
at the command of the said John le Bel, fished and took fish
to the value of loo marks and carried them away, and took
all the wild beasts in the park of the same place, and distrained
the park and caused no moderate damages there to the dis-
herison of Walter, and ejected Walter's men from that manor
against the peace etc.; and in a plea wherefore the said John
ordered this to be done. And he himself does not come etc.
And the sheriff was ordered to have their bodies for this day.
And the sheriff returned that they have not been found etc.;
and have nothing by which [they can be distrained]. And
therefore the sheriff was ordered to take them if they are found,
so that he has their bodies on the octave of St. Michael where-
soever H. le Bigod [may be]. And the sheriff returned etc. . . .
ALSO OF ASSIZES AND PLAINTS.
[m. 2.] Walter de Grey, who brought a writ of trespass against
Robert de Crepping, Robert his brother, and others in the writ,
[complaining] that Robert and Robert had entered the house
of the said Walter in Bukethorp, and had burned timber to
the value of six marks, does not go on. Therefore Robert
himself and the others go without day. And Walter and his
pledges for the prosecution are in mercy, to wit William son
of Emma de Bukethorp and Robert son of John le Surrays
of Lokinton.
The Lord King gave commands to the well-beloved etc. H. le
Bigod, Justiciar etc., that by the oath of proved [and lawful]
men, by whom etc. he should diligently inquire whether William
son of Nicholas the Forester killed Thomas son of Robert
Welschod of Scardeburg by accident or by felony and malice
aforethought ; and if by accident by what accident and how ;
and that he should send without delay to the Lord King
himself etc., the inquisition made thereof distinctly and openly.
The Abbat of R}rvalle offered himself on the fourth day
against Adam de Jesemue^ in a plea that, whereas he [the
Abbat] holds his granges of Hadelton^ and Rumblesmor and
certain lands in Cullingwurth formerly of the fee of Wilham
de Cantilupe of Bingel'* in pure and perpetual alms by
reason of a charter of WilUam himself, exhibited in the
presence of the Lord King, the said Adam, who holds the
custody of the manor of Bingel' with the fee belonging to that
' Jesmond. " Harden, near Bingley. ' Bingley
G
98 YORKSHIRE ASSIZE ROLLS.
manor from the gift of Edward eldest son of the Lord King,
to whom the Lord King granted that custody until the lawful
age of the heir of the said Wilham, distrained the said Abbat
to do suit at his [Adam's] court of Byngel' from three weeks to
three weeks, and to do to him [Adam] other customs and
services, which the said Abbat was in no wise wont to do after
the making of the said charter. And he [Adam] does not
come. And the sheriff was ordered to have his body at this
day. And the sheriff testifies that the said Adam did not
allow himself to be attached. Indeed Adam caused certain
cattle, which he [the sheriff] had caused to be taken for
the attachment of the said Adam, to be rescued by his bailiffs.
And therefore the sheriff was ordered as before to have the
body of the said Adam in one month from the day of St.Michael
wheresoever etc.; and in like manner to inquire who made the
rescue of the said cattle, and to have their bodies for the same
term. And thereof it was witnessed etc.
Henry son of Gervase de Naburn complains of Giles de
Nabum that he [Giles] together with John his brother on the
Friday next after the Beheading of St. John the Baptist, with
force and arms came to his [Henry's] land in Naburn and
took his corn to the value of one mark, and carried it away,
and to this day keeps it from him, against the peace etc. And
thereof he says that he has been damaged and has a loss to
the value of half a mark. And thereof he produces suit.
And Giles comes and denies the force and injury, and the
whole of it etc. And of this he puts himself on the country.
And Henry in like manner.
John Hardelok complains of William son of EUas of Ponte-
fract, that he [William] on the night of Palm Sunday in the
43rd year assaulted him by night, and beat him and
wounded him and maltreated him and took him away with
him through the whole vill of Pontefract ; so that he, John,
lost a certain purse in which he had fifty shillings in money
(denaratis), a gold ring of the price of eighteen pence, tallies
of twenty pounds, and account rolls for three hundred marks,
on account of that trespass which he suffered. And thereof
he says that he was damaged etc. to the value of a hundred
pounds. And thereof he produces suit.
And William comes and denies the force and injury, when
etc., and the whole of it etc., as John put it against him. And
qf this he puts himself on the country. And John in Uke
manner. And therefore the sheriff is ordered to summon
YORXSHIRE ASSIZE ROLLS. 99
before H. le Bigod on his next return twelve etc., by whom
etc.; [to make] the recognition in the form aforesaid etc., as
for either jury etc.; because both etc.; since no one from the
West Riding was present etc.
Nicholas de RoUeston is in mercy for a false claim against
Walter de Pykering. And in like manner the said Walter
is in mercy for a trespass against the said Nicholas.
Geoffrey son of John de Wherfieton^ and Emma his wife
acknowledge that they have demised and granted to Thomas
de Heslerton junior one bovate and a half of land in West-
heslerton with all its appurtenances, and one bovate of land
with appurtenances in Edingham,^ to have and to hold to the
said Thomas and his heirs or assigns from the feast of Pentecost
in the 44th year [of King Henry III] for a term of six years
fully to be completed. And the said Geoffrey and Emma and
Emma's heirs will warrant etc.; as is more fully contained
in the chirograph thereof made between them etc.
Richard Cook of Wherfelton^ and Maude his wife acknow-
ledge that they have demised and granted to Thomas de
Heslerton junior for nine marks, which he has given them before-
hand, a bovate of land with appurtenances in Westheslerton
and a bovate of land in Edingham with appurtenances, to have
and to hold to the said Thomas and his heirs or assigns from
the said feast of Pentecost in the 44th year for a term of six
years fully to be completed. And the said Richard and Maude
and Maude's heirs will warrant etc., as is more fully contained
in the chirograph thereof made between them.
Alan le Gras puts in his place Ralph de Thorenton, clerk,
or Robert de Ro5mges against WilUam de Horsenden in a
plea of debt etc., before the barons of the Exchequer.
ALSO OF PLAINTS AT SCARDEBURG.
[m. 2 li.] The Abbat of Ryvalle puts in his place Alan de Bowelton
or John de Newenton against Richard de Wassaund in a
plea of land ; and against William de Mumbray in a plea of
a fine made ; and against William de Lascell in a plea of land ;
and against Adam de Gesemue and John de Surdevall in a
plea of trespass by two writs.
1 Whorlton. ' Yedingham.
100 YORKSHIRE ASSIZE ROLLS.
Emma le Cupere complains of William de Whallesgravei
that, whereas on the Saturday next before the Ascension of
the Lord in the year [ ], she committed to the said Wilham
a certain box with a charter concerning a toft in Scardeburg,
together with a mantle and a tunic, as pledge for two shillings
which she had received from him as a loan, until the Friday
the morrow of the Ascension of the Lord, the said William
extracted the charter from the said box and kept it from her,
to her damage of loo shilUngs etc.
And William comes and denies the force and injury, and
the whole of it etc., and puts himself on the jury of the vill
of Scardeburg. And Emma in like manner.
And the jurors say on their oath that Emma handed no
charter to William in pledge, nor did [William] keep any from
her. And therefore it is considered that the said William do
go without day ; and that Emma be put in custody. She is
poor.
Eudo de Kyrkeby complains of Roger Hutred, Robert
Pa, John Baldeyn, Adam Huthred, Thomas his brother,
Roger Fareman that, on the feast of St. Peter ad Vincula in the
38th year [of the reign of Kiiig Henry III] they put him outside
the community of the vill of Scardeburg, and that they caused
him to be prevented (inheberi) through the whole vill, nor could
anybody deal with him in buyings or sellings, and that they
prevented him from having fire and water in his house, and that
they took away from him utensils of his house, to wit a brass
pot and a towell of the price of one mark, and that they still
keep them from him. He also complains that the said Roger
and others took away from him a certain Agnes his wife, and
caused her to abjure him, and tallaged him at their will.
Wherefore he says that he is damaged and has a loss to the
value of forty marks. And thereof he produces suit.
And Roger and the others come and deny the force and
injury, when etc. And well do they deny that about the said
time they did not make the said trespasses against Eudo,
because Roger says that they themselves and other burgesses
of the vill of Scardeburg hold the said borough from the Lord
King at fee farm, so that on the said feast of St. Peter, when
the Lord King caused his other boroughs and lordships to be
tallaged after he returned from Gascony, they themselves
tallaged the said borough of Scardeburg and assessed the said
Eudo for three shilUngs by the sworn tallagers of the borough ;
' Palsgrave, near Scarborough.
YORKSHIRE ASSIZE ROLLS.
and that because Eudo refused to pay that tallage, and V^
in like manner unwilling to be in other respects in lot and sb^¥
with them and others of the said vill, and was indeed wholly
a rebel in all these matters, they themselves with the assent
of the whole community provided that the advantages of the
said borough should be withdrawn and prohibited as regards
Eudo ; and that nobody should deal with him in buyings or
sellings until he allowed himself to be judged {justitiari).
Wherefore the said Roger well acknowledges that he being
mayor at the time, caused his baihffs to seize the said pot and
towell of the said Eudo for the said tallage of three shilUngs.
And that he himself and the others made no other trespass
against Eudo they put themselves on the jury of the vill of
Scardeburg. ' And Eudo in like manner.
And the jurors chosen by consent of the parties say on
oath that Roger and the others are not guilty in any way of
the said trespasses alleged against them. And therefore it
is considered that the said Roger and the others do go without
day ; and Eudo be in mercy for a false claim.
Margery, who was the wife of Adam de Wandifford,^ seeks
against William son of Thomas de Lunberewe the third part
of two acres of land with appurtenances in Scardeburg as her
dower etc.; and whereof she has nothing etc.
And William comes and by leave gives to her her said dower.
Therefore let her have her seisin etc.
It is found by the jury on which Roger Huthred and the
Abbat of Ryvalle put themselves, that the said Roger, on the
day of the Invention of the Holy Cross last past, distrained a
certain Gregory, a merchant coming to the port of Scardeburg
with 198 quarters of wheat in a certain ship, which corn, with
the exception of twenty-four quarters, the said merchant had
previously sold to the attorney of the Abbat himself ; and that
he compelled the said merchant to sell to him [Roger] half of
the said corn, to wit ninety-nine quarters ; and that he took the
1 00th quarter from him, to the loss of the Abbat of forty
shillings. And therefore let Roger satisfy the Abbat for the
said moneys ; and be in mercy for the trespass.
The said Abbat is in mercy for a false claim against the
said Roger concerning a certain other plaint.
The assize comes to recognise if John de Lengesby^ unjustly
etc. disseised Adam de Roston of his free tenement in Scarde-
' Wansford, near Driffield. ^ Slingsby (see p. 76).
102 YORKSHIRE ASSIZE ROLLS.
burg, after the first etc. And thereof he complains that he
disseised him of thirty-six feet in length and half a foot in
breadth. And John comes and says nothing why the assize
should remain.
The jurors say that the said John disseised the said Adam
of the said tenement, which he put in their view, unjustly etc.
And therefore it is considered that the said Adam do recover
his seisin by view of the recognitors ; and John be in mercy.
Damages : half a mark.
Henry son of Richard de Hilderthorp complains of Geoffrey
Modipas that the said Geoffrey, on the Tuesday in the week
of Pentecost in the 41st year [of the reign of King Henry III]
at the head of the vill of Hilderthorp, assaulted him
and beat him with a certain stick, and illtreated him, and
afterwards stabbed him through the middle of the arm with
a knife, against the peace etc. He says also that on account of
that beating he almost lost his hearing on one side. And
thereof he says that he is damaged and has a loss of 100 shillings.
And thereof he produces suit.
And Geoffrey comes and denies the force and injury, and
whatever is against the peace etc.; and the whole of it etc.
And he puts himself on the country.
The said Geoffrey also complains of the said Henry, that
he [Henry] beat him and maltreated him, and broke his
arm, against the peace etc. And Henry denies the whole of
it etc. And he puts himself on the country.
And the jurors chosen by consent of the parties say on
their oath that truly Henry assaulted Geoffrey first with
force and arms, so that he broke Geoffrey's left arm with a
certain axe and maltreated him ; and afterwards in process
of time came Geoffrey and assaulted Henry, and stabbed him
through the middle of the arm with a certain knife, and beat
him and maltreated him, against the peace etc.
And therefore let both be committed to gaol. And let
neither satisfy the other for damages, but let recompense be
made thereof etc.
Walter son of William le Franceys by his attorney complains
of Roger Hutred that when he himself, after the death of the
said William his father, who held his tenements in Edbreston
of the said Roger, had made a fine with Roger for having seisin
of his land for one mark, and Roger had given seisin thereof
in consideration of that fine, and he himself [PWalter] on account
of the security of that gift had betaken himself to remote parts,
YORKSHIRE ASSIZE ROLLS. 103
the said Roger afterwards intruded into two bovates of his
[Walter's] land in Edbreston, and holds them occupied ; where-
fore he says that he is damaged and has a loss to the value of
thirty shilUngs. And thereof he produces suit.
And Roger comes and denies the force and injury, when
etc. And he well acknowledges that he took the said fine from
Walter, but says that Walter demised to him certain land in
Marton for a certain term, which has not yet expired, by his
writing, and that Walter is bound to warrant that land to him
etc. And he says that Walter was thereafter impleaded
thereof in the hundred [court] of Pikering, and by judgment
lost that land, so that he himself for that cause was ejected
from the said land. And he says that afterwards he came to
Walter and demanded the warranty of that land to be made
to him, so that Walter committed the said two bovates of
land to him in respect of that warranty for the said term.
And .that this is so he puts himself on the country.
And the jurors chosen by consent of the parties say upon
their oath that truly Roger gave to Walter his land in Edbreston
for the said fine of one mark, and that Walter afterwards demised
to Roger certain land in Marton for a term, which has not yet
expired, which [land] he was bound to warrant to Roger, and
which Walter afterwards lost by judgment ; but they say that
Roger after the said loss intruded on his own authority into
the said two bovates of land, without the licence and will of
Walter. And therefore it is considered that Walter do recover
his seisin thereof ; and Roger be in mercy for the trespass
and do satisfy him for his damages, which are taxed by the
jurors at fourteen shillings.
[m. 3.] ALSO OF ASSIZES, JURIES, AND PLAINTS BEFORE
H. LE BIGOD, JUSTICIAR OF ENGLAND, AT
MALTON, ON THE THURSDAY, THE MORROW
OF THE NATIVITY OF THE BLESSED MARY,
IN THE 44TH YEAR.
The sheriff was ordered to cause to come here the jurors
of the novel disseisin, which was summoned and taken before
Peter de Percy, the Justiciar assigned for this, between John
son of Robert, plaintiff, and Katherine daughter of William
de Stapleton and Sibil her sister, concerning tenements in
Stapleton and Cotteworth,^ for the purpose of certifying etc.
' Cudworth.
104 YORKSHIRE ASSIZE ROLLS.
with respect to certain articles touching that assize etc.;
and whereof the said Katherine and Sibil complain that the
jurors of that assize were insufficiently examined. And the
said Katherine and Sibil, and likewise the said John, come by
their guardians because they are under age. And Katherine
and Sibil, being questioned upon those things about which the
said jurors were insufficiently examined, say that in this they
[the jurors] spoke the truth, that a certain Robert de Stapleton,
father of the said John, enfeoffed John himself of certain tene-
ments whereof he complained that he was disseised, [namely]
of one messuage, twelve bovates, eight score acres of land . . . . ,
twelve acres of meadow, forty acres of wood and waste, and loo
shillings rent, with appurtenances in Stapleton; but they say that
they [the jurors] were not questioned concerning the manner of
the feoffment, nor whether he [John] was put in seisin by the said
Robert or not. For they say that if they [the jurors] had been
examined as to this, they would have said fully that the said
John was never put in seisin of the said tenements in the hfe
of the said Robert and especially with Robert's knowledge ;
for which reason they would have well said that John was never
in seisin of the said tenements as of a free tenement. And that
this is so they pray that it may be inquired etc.
And the jurors questioned about this say that they only
wish to say as they said before, to wit that Robert, eight days
before his death, enfeoffed John his son of the said tenements
by his charter, and sent a certain Thomas de Horber', his servant,
with his letters patent to put John in seisin thereof. And they
say that the said Thomas put him in seisin of these tenements,
so that he was in seisin thereof, to wit, of the said tenements
in Cotteworth for eight days while Robert was alive, and culti-
vated and sowed a certain part of the land ; and of the said
tenements in Stapelton for one day and a half ; and in hke
manner he cultivated a certain part of that land so that he
put a certain plough on the land, and from the tenants of those
tenements took homage, and from some of them fealty ; and in
like manner a certain portion of money by way of recognition.
And they say that they said A like verdict before the said
Peter [de Percy, the Justiciar], nor do they know or wish to
say anything else. And therefore it is considered that the
said jurors examined about this have given satisfaction ; and
that the said Katherine and Sibil do take nothing by that [writ
of] certification; and that the said judgment do remain in full
force; and [that] John {sic) be in mercy; he is pardoned
because he is under age.
YORKSHIRE ASSIZE ROLLS. 105
The assize comes to recognise if John de Bek, Henry de
Normanton, Bertram the serjeant.and William the Fox unjustly
etc. disseised Thomas de Thornton of his free tenement in
Thornton, after the first etc. And thereof he complains
that they have disseised him of the moiety of a water-mill
with appurtenances. And Wilham the Fox comes and says
nothing why the assize should remain. And John and the others
do not come. And Henry was attached by Roger Kyrkeman
of Normanton and Robert Spencer of the same [vill]. There-
fore they are in mercy. And John and Bertram were not
attached because they were not found. Therefore let the
assize be taken against them by defaiilt.
The jurors say that the said John and all the others disseised
the said Thomas of the tenement, wb ich he put in their view,
unjustly, as the writ says etc. And therefore it is considered
that Thomas do recover his seisin bjr view of the recognitors ;
and John and the others be in mercy
Damages : i mark.
The assize comes to recognise if Peter de Ros, Thomas de
Houeton, Nicholas the Provost, Alan son of Simon, John son
of Henry, William Droyer, John son of Walter, Thomas Blysse,
Thomas Attilkelde, William Schoch, William Wadylove, Hugh
Drury, William Kypping, Robert Schoch, Henry Patres, Thomas
de Bobylton, Adam Hare, Thomas Toske, Geoffrey le Brazur,
Robert son of Thomas, Stephen Stage, Richard the Reeve,
William his son, Nicholas son of Richard, Richard Foghis,
Nicholas his brother, Geoffrey son of Alan, John son of Roger,
Walter Bagoch, Thomas son of Ivetta, Walter de Bruneby,
Thomas Brun, Stephen his son, Walter Byscop, John his son,
Thomas Popedy, James Biscop, Thomas Hunter, Thomas
his son, Everard Hunter, Adam de Bryggedal, William Swevere,
John Leyard, Godfrey Gere, Andrew the Mason, William his
son, Roger the Shepherd, William Aleglise, Henry de Clewing,
John de Fisclok, Robert Arkel, Richard son of William, John
son of John, Robert son of Hilda, Richard de Guthemund-
ham, Henry Scharp, William de Sothon, Robert de Sothon,
Adam son of Godfrey, Walter Bo, Adam Croft, Robert de
Betrecht, Adam son of Thomas, Stephen Alafuntayne, Peter
the Provost, Stephen Schirning, Stephen son of Cedd, Serlo
Sterin, Serlo Helewis, Thomas son of Geoffrey and Hamo his
brother, unjustly etc. disseised the Prior of Wartre of common
of pasture in Wartre, which belongs to his free tenement in
the same vill, after the first etc. And thereof he complains
106 YORKSHIRE ASSIZE ROLLS.
that they disseised him of 200 acres of pasture, where he was
wont to common during the whole year, and of about 200 acres
of land, where he was wont to common after the corn was
carried. And no one comes save the said Peter de Ros. But
Peter comes and says nothing why the assize should remain.
And Thomas de Oueton was attached by Henry son of Erne-
burg de Yuptoni and John Scarf of the same [vill]. Therefore
they are in mercy. And none of the others were attached,
because they were [not] found. Thierefore let the assize be
taken against them by default. And Adam de Ryplingham
and Geoffrey Mauleverer of Bolton, recognitors, do not come.
Therefore they are in mercy.
The jurors say that the said Peter and all the others dis-
seised the said Prior of the said common, which he put in their
view, unjustly etc., as the writ says. And therefore it is con-
sidered that the said Prior do recover his seisin by view of the
recognitors ; and Peter and all the others be in mercy.
Damages : 20 shilhngs.
The assize comes to recognise if Richard de Ruedon and
Joan his wife, Ralph son of Hugh, Nicholas Cudhou, Laurence
son of Luke, Ralph son of Luke, Roger son of Walter, and John
son of Laurence unjustly etc. disseised the Prior of Healaugh
Park of his free tenement in Bretteby,^ after the first etc. And
thereof he complains that they disseised him of half a carucate
of land and two tofts with appurtenances. And Richard comes
and says nothing why the assize should rernain. And the others
do not come ; nor were they attached, because they were not
found. Therefore let the assize be taken against them by
default. And thereupon comes Henry de Ferlington and
says that he himself is in seisin of the said tenement, and was
[in seisin]^ before that writ was obtained ; and he prays that
an inquiry be made.
The jurors say that truly the said Henry holds the said
tenement, but was enfeoffed thereof after that writ was ob-
tained. They say also that the said Richard and the others
did not disseise the said Prior of the said tenement unjustly
etc. as he complains, because they say that the Prior never
was in seisin of the said tenement as of a free tenement, nor
had he anything therein save a term of twelve years by the
demise of a certain Stephen. And therefore it is considered
that the said Richard and the others do go without day ; and
the said Prior be in mercy for a false claim.
1 Upton. ^Birkby.
YORKSHIRE ASSIZE ROLLS. 107
Afterwards comes the said Prior and offers one mark for
having a jury of twenty-four to convict the twelve. And it
is received by pledges, Robert de Thorny and Thomas de
Thorny. And the sheriff is ordered to have the jury here on
Saturday.
Alice wife of Wilham Malekake puts in her place William
her husband or Richard son of Reynfrey against Thomas de
loneby in a plea of trespass, whereof she complains etc.
Maude, who was the wife of Adam de Byri, puts in her place
Adam de Byri, her son, and Henry de Wolvenly against Ralph
de Miton in a plea of trespass, whereof she complains etc.
The assize comes to recognise if the Abbat of Meaux unjustly
etc. raised a certain bank in Skiren to the nuisance of the free
tenement of the Prior of Watton.
William de Boshal is in mercy for a trespass.
Elyas de Flanvill is in mercy for a trespass.
[m.sfl-.] ALSO OF JURIES, ASSIZES, AND PLAINTS
BEFORE H. LE BIGOD.
The assize comes to recognise if Adam de Rythe, uncle of
Thomas son of Syegerilt de Hunton, was seised in demesne as
of fee of one rood and a half of meadow and the moiety of one
rood of land with appurtenances in Hunton on the day on
which [he died], and if etc. Which meadow and which
land Stephen de Rythe holds. Who comes and says nothing
why the assize should remain. And John de Scrafton, Alexan-
der de Haukeswell, and Elyas Bogeys of Erthethorn,^ recog-
nitors, do not come. Therefore they are in mercy.
The jurors say that the said Adam, of whose death etc.,
died seised of the said meadow and land after the term etc.,
and that the said Thomas is his next heir. And therefore it
is considered that the said Thomas do recover his seisin by
view of the recognitors ; and Stephen be in mercy.
Richard son of Hugh, who brought an assize of mort d'ances-
tor against Robert de Veteri Ponte and Robert Mone con-
cerning a messuage of 30 acres of land, two shillings and a
pound of cumin of rent, with appurtenances in Scauceby, came
' Arrathorne, near Richmond.
108 YORKSHIRE ASSIZE ROLLS.
and withdrew against the said Robert de Veteri Ponte.
Therefore he himself and his pledges for the prosecution are
in mercy, to wit Roger de Ledis and Ralph de Lounisdale.
The assize comes to recognise if Henry Godeman, John
son of Thomas, Adam le Mercer, and Roger Mustard unjustly
etc. disseised Walter Sauvage of his common of pasture in
Stretfordi; and thereof he complains that they disseised him
of his common of pasture in half a rood of moor. And Henry
and the others come and say nothing why the assize should
remain.
The jurors say that the said Henry and the others disseised
the said Walter of his common of pasture in a fourth part
only of one rood of moor unjustly etc. And therefore it is
considered that the said Walter do recover his seisin by view
of the recognitors ; and Henry and the others be in mercy ;
and in Uke manner the said Walter be in mercy against the
said Henry and the others concerning the remainder [i.e. the
other quarter rood].
Damages : 12 pence.
The assize comes to recognise if Adam de Brigheym,^ father
of Beatrice wife of Robert de Fribus, was seised in his demesne
etc. of two parts [i.e. thirds] of two bovates of land with appur-
tenances (except half an acre of land) in Ruddesteyn^ on the
day on which [he died] ; and if etc. Which land Richard
Cumey holds. Who came and made an agfeement by licence.
And the said Robert and Beatrice give one mark for Ucence
of concord, by the pledge of the said Richard. And such is
the agreement that the said Richard acknowledges the said
land with appurtenances to be the right of Beatrice, and he
gives up the land to Robert and Beatrice to hold of himself
[Richard] and his heirs by the services which belong to that
land for ever.
The jury of twenty-four to convict the twelve comes to
recognise if Master John de Schelton, Hugh son of Robert of
Pontefract, Adam Reng, and Henry de Belasis unjustly etc.
disseised Peter de Schelton of his free tenement in Schelton,
after the first etc. And thereof the said Peter at another time
before Peter de Percy, the Justiciar assigned for this, complains
that they disseised him of the moiety of a windmill, and of the
^ Startforth, near Barnard Castle.
^ Brigham, wapentake of Dickering.
" Rudston.
YORKSHIRE ASSIZE ROLLS. 109
moiety of a horsemill, and of a rood of land with appurtenances.
And thereof the said Master John now complains that the
[twelve] jurors for the said assize taken before the said Peter
[de Percy] made a false oath, in that they said that Master John
and the others disseised him [Peter de Schelton] of the said
tenements, because they [John etc.] say that they did not
disseise him of the said tenements unjustly. For he says that
the said Peter gave to him the said tenements, and of his own
free will put him in seisin thereof. And that this is so he asks
for an inquiry by the [twenty-four] jurors. And the said Peter
and likewise the jurors of the said assize now come and say
nothing why the jury should remain.
The [twenty-four] jurors say that the said Master John
disseised the said Peter of the said tenements unjustly etc.;
and that the [twelve] jurors of the said assize swore well.
And therefore it is considered that the said Peter do go without
day ; and the said [twelve] jurors be quit ; and Master John be
taken into custody. He makes a fine for twenty shillings by
pledges.
The assize comes to recognise if WilUam le Latymer, William
Heyrun, and Arnold the reeve of Nocton unjustly, etc.
disseised Richard le Normand and Elizabeth his wife of
their free tenement in Ulvelay,^ after the first etc. And thereof
they complain that they disseised them of ten acres of land,
five acres of meadow, and five acres of wood with appurtenances.
And the said William and WilUam do not come, but Arnold the
reeve comes and answers for himself, and for the said William
and William as their baiUff ; and he says nothing why the assize
should remain. And Gerard de Thurg'lond,^ William Danyel
of the same [vill], Richard de Oxprig',^ and Jordan de Bilham,
recognitors, do not come. Therefore they are in mercy.
The jurors say that the said William Heyrun, Richard and
Elizabeth hold the said tenements in common so that a fourth
part of the said tenements belongs to the said William, and
three parts of them are the right and inheritance of the said
Elizabeth ; and they say that the said William le Latymer
and the others never prevented the said Richard and Elizabeth
from being able to make their profit of the said three parts.
Wherefore they say that they did not disseise them. And
therefore it is considered that the said William and the others
do go without day ; and Richard and Elizabeth do take nothing
by that assize ; but be in mercy for a false claim.
^ WooUey, near Bamsley. ^Thurgoland, 'Oxspring, near Penistone.
110 YORKSHIRE ASSIZE ROLLS.
The assize comes to recognise if Peter de Mauley unjustly
etc. obstructed a certain way in Lokington to the nuisance
of the free tenement of John Maunsel, the reeve of Beverley,
in Suthdalton, after the first etc. And thereof the said John
by his attorney complains that, whereas he himself was wont
to have his way [chiminum) to drive his cattle and to carry
with carts and wagons from the vill of Levene as far as the
said vill of Dalton, the said Peter raised a certain wall and
obstructed the said highway so that he [John] cannot carry
and drive as conveniently as he was wont. And Peter
comes and says nothing why the assize should remain. And
Thomas de Dreuton, William son of Gamehn de Middilton,
Ralph son of Robert de Meltenby, recognitors, do not come.
Therefore they are in mercy.
The jurors say that the said Peter obstructed the said way
to the nuisance of the free tenement of the said John, which
he put in their view, unjustly etc., as the writ says. And there-
fore it is considered that the said wall be pulled down at the
cost of the said Peter so far as it shall be to [John's] nuisance
by view of the recognitors.
Damages : half a mark.
Alan son of Andrew de Langethorn, who brought a writ
of trespass against Geoffrey son of Peter, Hugh de Otrinton,
Hugh son of Robert Beme, and others [named] in the writ,
does not go on. Therefore he himself and his pledges for the
prosecution are in mercy, to wit Thomas son of Stephen de
Kyrkeby in Ebor' and William de Thorenton, son of WilUam
Curvays.
Franco son of William gives half a mark for licence of
concord with Henry son of Robert Bodus of Sutton in a plea
of an assize of mort d' ancestor, by the pledge of Simon de
Preston. And let him have a cyrograph. And the concord
is such that the said Henry remits to him the whole etc. And
Franco gives to him half a mark etc.
Nicholas son of Thomas de Tanestern of Hayton, who
brought an assize of novel disseisin against WilUam de Croystoc.^
Wilham son of Helewise, and others [named] in the writ con-
cerning a tenement in Brunum,^ does not go on. Therefore
he himself and his pledges for the prosecution are in mercy,
to wit William de Tanestern and Thomas de Tanestern. The
amercement of Nicholas is pardoned because he is under age.
1 Greystoke, = Nunburnholme,
YORKSHIRE ASSIZE ROLLS. Ill
Walter son of William the Marshal, who brought an assize
of mort d' ancestor against Simon the Carter and Dyonisia
his wife concerning twenty-two acres of land with appurtenances
in Estrington, does not go on. Therefore he himself and
his pledges for the prosecution are in mercy, to wit Alexander
de Dreuton and Robert son of William of the same [vill].
Margery daughter of Thomas de Routh, who brought an
assize of novel disseisin against Walter de Fauconberwe
concerning a tenement in Catwyk, does not go on. There-
fore she herself and her pledges for the prosecution are in mercy,
to wit Wilham son of Nigel de Rungeton^ and Henry son of
Simon of the same [vill]. The pledges have died and Robert
[sic) is poor.
Avice de Laysingby, who brought a jury of twenty-four to
convict twelve against John de Lesingeby concerning twelve
bovates and one acre and a half of land with appurtenances
in Lesingeby, does not go on. Therefore the said John
goes without day. And Avice and her pledges for the prosecu-
tion are in mercy, to wit Master Nicholas of Marton and Thomas
de Buthon^ in York, skinner.
William de Percy acknowledges that he owes Stephen
Haget seven marks, which he will pay him on the month of
Martinmas in the 44th year. And unless he does so he grants
that the sheriff may levy it of his lands etc.
[m. 4.] ALSO OF JURIES, ASSIZES AND PLAINTS
BEFORE H. LE BIGOD etc.
The assize* comes to recognise if William the Constable
and Elyas the Hayward unjustly etc. disseised Saer de Gare-
grave of his common of pasture in Esthalsam and Westalsam,
which belongs to his free tenement in Estalsam, after the first
etc. And thereof he complains that they disseised him of his
common of pasture in four acres of meadow, where he was wont
to common after the hay was strewn and carried. And William
and Elyas do not come ; but Roger Finch comes and answers
for them as their bailiff. And he says that the said Saer
unjustly brought that assize ; because he says that he was
never in seisin of the said common of pasture so that
he could be disseised thereof ; and that this is so he puts
1 Rounton. * Bootham.
' This entry is crossed out ; and in the margin " vacat quia alibi "; see p. 126.
112 YORKSHIRE ASSIZE ROLLS.
himself on the assize. And the jurors witness the same. And
therefore it is considered that the said Wilham and Elyas do
go without day, and that Saer take nothing by that assize,
but be in mercy for a false claim.
The assize comes to recognise if Gerard Salvay[n], father of
Robert, was seised in his demesne etc. of the manor of Hersewell^
with appurtenances, except five bovates of land, seventeen
acres of meadow, three tofts, and the advowson of the church
of the same vill on the day on which [he died] ; and if [Robert
is his next heir] ; which manor Gerard son of Gerard holds,
who comes and says nothing why the assize should remain,
except only that he says that the said Gerard, of whose death
etc., did not die seised of the said manor, because he says that
the said Gerard [Salvayn] a long time before his death
enfeoffed thereof Gerard himself, son of Gerard, and made his
charter to him thereof. And that this is so he puts himself on
the assize.
And Robert says that whatever charter the said Gerard
produces concerning, feoffment by the said Gerard his
father, the said Gerard [his father] never changed his status
in respect to that manor, but always on the making of the
said charter and afterwards remained in seisin thereof until
he died ; and that he died seised thereof. And that this is
so he puts himself on the assize.
The jurors say that the said Gerard, of whose death etc.,
died seised of the said manor as of fee after the term, and that
the said Robert is his next heir. And therefore it is considered
that the said Robert do recover his seisin by view of the recogni-
tors ; and Gerard be in mercy. He is pardoned because he is
under age.
The said Robert acknowledges that he has given and
granted to the said Gerard son of Gerard eight marks of land
with appurtenances in Crohum^ by a reasonable extent, and
all the lands and tenements which belonged to the said Gerard
the father of Robert in Langeton, to have and to hold to the
said Gerard and the heirs begotten of his body of Robert and
his heirs by the services which belong to those tenements.
And if the said Gerard should die without heir of his body,
then after the decease of Gerard all the said lands and tenements
with appurtenances shall remain to Joan and Nichola sisters
of the said Gerard and to the heirs begotten of their bodies, to
hold of Robert and his heirs by the same services. And if
1 Harswell, near Market Weighton. ' Croom,
YORKSHIRE ASSIZE ROLLS. 113
the said Joan and Nichola die without heirs begotten of their
bodies, then after the decease of both of them the said lands
and tenements with appurtenances shall revert to the said
Robert and his heirs, quit of other heirs of the said Gerard,
Joan and Nichola, for ever. And be it known that the said
Robert took the homage of the said Gerard etc.
Thomas son of Thomas de Anlacby, who brought an assize
of novel disseisin against Adam, Abbat of Rivall, concerning
his common of pasture in Wycheclif which belongs to his free
tenement in Kayton, came and withdrew. Therefore the
said Abbat [goes] without day ; and Thomas and his pledges
for the prosecution are in mercy, to wit Robert de Roston
and Ralph de Locton.
Richard de Harphram, parson of the church of Burton,
complains of Martin de Oteringham that when he Richard
had sold to him [Martin] his corn at Burton in the 42nd year
for fifty-five pounds [? marks], which he ought to have paid
to him at the feast of St. Botulph in the 43rd year, the said
Martin only paid to him twenty-eight marks thereof and
ever afterwards kept from him the residue, to wit twenty-seven
marks. Whence he says that he is damaged and has a loss
to the value of ten pounds. And thereof he produces suit.
And Martin comes and cannot deny that he is bound to
the said Richard in the said money. And therefore it is con-
sidered that the said Martin do satisfy the said Richard for the
said twenty-seven marks and for his damages which are taxed
at five marks ; and be in mercy for the trespass because
before etc. Afterwards the said Richard granted to the
said Martin a term up to the feast of St. Michael next to
come for pa5dng the said money. And the sheriff is ordered
that, unless he [Martin] pays the said moneys at the said term
he do cause it be made from the lands etc., and do cause the
said Richard to have them without delay.
John de Arnhall, parson of Lund, was attached to answer
Geoffrey de Chauncy in a plea whereas when John lately demised
to him certain land with appurtenances in Bukethorp for a term
which has not yet expired, and was in full seisin thereof by that
demise, the said John afterwards falsely and to the deception
of the court of the King allowed himself to be impleaded for
the same land by a certain Alice de Arnhal before the Justiciar
of the King at Westminster, so that the said John rendered
that land to the said Alice in the court of the King by a certain
114 YORKSHIRE ASSIZE ROLLS.
fine made there between them, although he did not hold the
land at the time, on account of which the said Geoffrey was
ejected from the land and wholly lost the crop which he had
sowed therein to his no small expense and loss etc. And thereof
the said Geoffrey complains that when the said John had
demised to him seventeen bovates of land with appurtenances
in Bukethorp, to hold from Easter of the 44th year for a term of
ten years next following fully [to be] completed, and the said
Geoffrey had ploughed and sowed that land, the said John
permitted himself to be impleaded by the said Ahce for the
said land, so that John rendered it to her ; whence by that
render which John made to the said Ahce, he [Geoffrey] is
damaged and has a loss to the value of forty marks. And
thereof he produces suit and produces also a certain writing
which bears witness to the said agreement.
And John comes and denies the force and injury etc.; and
says that he wishes to acknowledge a certain truth. For he
says that it was agreed between the said Alice and himself,
that Alice demised to him the said land to farm for twenty
marks paid her yearly ; and that he [John] afterwards demised
the said land to the said Geoffrey in like manner to farm for
sixteen marks paid him yearly; and because the said Geoffrey
did [not] remit to him his said farm [rent] at the terms agreed
between them, nor had he [John] any other source, whence he
could fender the farm in which he was bound to the said Alice,
except from the said farm in which the said Geoffrey was
bound to him, and as the said Alice had impleaded him [John]
before the Justiciar of the Lord King de banco concerning
the said agreement, he [John], compelled by necessity, rendered
that land to her.
And therefore it is considered that the said John be in
mercy ; and do satisfy the said Geoffrey for his damages, which
are taxed at {blank). Afterwards came the said John and
made a fine for the said damages for twenty marks, of
which he will pay to him [Geoffrey] one moiety at Christmas
of the 45th year and the other at Pentecost next following, by
the pledges of William de Marton and Peter Gyllot, who are
present and grant that unless the said John pays etc. the
sheriff may levy it of their lands etc. And he made a fine
for his amercement for one mark by the same pledges.
Richard de Breus, who brought a writ of trespass against
the Prior of Ellerton, Brother Adam de Belesby and others
[named] in the writ, does not go on. Therefore the said Prior
YORKSHIRE ASSIZE ROLLS. 115
and the others shall go without day ; and Richard and his
pledges for the proseciation are in mercy. Let the names of the
pledges be asked, because afterwards it was witnessed de banco
that he [Richard] was in Wales at the time of the summons.
Maude de Bury by her attorney offered herself on the fourth
day against Ralph de Mitton in a plea, whereas he broke the
barn of Maude in WychichiP and carried off corn and other of
her goods found there to the value of forty shillings, against
the peace etc. And he [Ralph] does not come etc. And the
pledges made default. And therefore the sheriff is ordered
to distrain him by all his lands etc., so that he shall have his
body before the Justiciar at the first assize etc., unless H. le
Bigod etc.
Thomas son of Hugh de Clif , who brought a writ of trespass
against Alan of St. James, Geoffrey de Wycumb and others
[named] in the writ, does not go on. Therefore he and his
pledges for the prosecution are in mercy, to wit Wilham de
Cayvill in CUf and Gamel de Cometo of the same [vill].
The Prior of Wartre offered himself on the fourth day
against Adam son of William de Belesby, Richard the reeve,
Jordan de Seleby and Thomas de Crestok, in a plea whereas
the said Adam, Richard and Jordan, at the command of the said
Thomas, arrested the carts of the Prior in a public [highway] and
seized and carried off and detained his horses, against the peace
etc.; and in a plea whereas the said Thomas ordered that tres-
pass to be done. And they do not come etc. And the pledges
made default, so that the sheriff was ordered to have the
bodies here etc. And the sheriff returned that Adam le Newe-
comen of Belesby, William the reeve, and Wilham de Levene
of the same [viU] were mainpernors for them. Therefore they
are in mercy. And the sheriff was ordered to distrain them by
all their lands etc.; so that etc., until etc.; and to answer for
the issues etc.; and to have their bodies on the octave of St.
Martin wheresoever H. le Bygod etc. And the Prior puts in
his place Andrew de Rypum^ or John de Belesby.
Richard de Oteringham offered himself on the fourth day
against Wilham de Lascell [and] William de Fontibus, in a
plea whereas they came to his [Richard's] house in Oteringham,
which he had for a term of four years and a half, and beat and
maltreated a certain Henry his servant and broke the door
^ Withgill. See Kirkby's Inquest, p. 17. ^ Ripon.
116 YORKSHIRE ASSIZE ROLLS.
of his barn, and threshed com found in the bam to the value
of ten pounds and carried it off, against the peace etc. And
they do not come etc. And the sheriff was ordered to have
their bodies here etc. And the sheriff witnesses that he had
given orders to the baiUff of the liberty which belonged to the
Earl of Albmarl in Holdem[ess], who did nothing in the matter.
And therefore the sheriff was ordered not to omit, by -reason of
the said liberty, to have their bodies in fifteen days from the
day of St. Martin wheresoever H. le Bygod etc. And thereof
the sheriff returned etc.
The sheriff was ordered to cause t6 come here the jurors
of the assize of novel disseisin which was summoned and taken
before the Justiciars of the King last itinerant in the County
between Walter de Grey plaintiff and Robert de Crapping
concerning tenements in Bugethorp, to certify to the Justiciars
as to certain articles touching that assize. And thereof the
said Robert complains that the said jurors were insufficiently
examined, especially concerning the damages which were
adjudged to the said Walter on the occasion of the said disseisin.
For he says that whereas the said Walter, on the occasion of
that disseisin, if indeed there had been [any disseisin], had
sustained damages to the value of twenty shillings, the said
jurors assessed the said damages at ten pounds, in which
matter he says that the said jurors had been insufficiently
examined.
And the jurors, now questioned as to what damages the
said Walter had, say that [they were] of the value of ten pounds
as they said before, nor do they wish to say anything else.
And therefore it is considered that the said Walter do go
without day ; and Robert be in mercy for a false claim.
William Yol, who complained of Wilham Bayllol, came
and withdrew. Therefore the said William de Bayllol shall
go without day ; and Wilham Yol and his pledges for the prose-
cution are in mercy, to wit William King of Apelton and
Bernard de Ayrmundeby.
[m. 4</.] The assize comes to recognise if Robert Gege unjustly etc.
disseised Adam de Roston of his free tenement in Scartheburg,
after the first etc. And thereof he complained that he dis-
seised him of a certain piece of land which contains twenty feet
in length and one foot in breadth. And Robert comes and
says nothing why the assize should remain.
YORKSHIRE ASSIZE ROLLS. 117
The jurors say that the said Robert disseised the said
Adam of half a foot of land in breadth in one place, and a foot
in another place, and of twenty feet of land in length, unjustly
etc., as the writ says. And therefore it is considered that the
said Adam do recover his seisin by view of the jurors ; and
Robert be in mercy, and that Adam likewise be in mercy for a
false claim. Damages : half a mark.
The assize comes to recognise if Adam de Roston unjustly
etc. disseised John de Slengesby of his free tenement in Scharthe-
burg, after the first etc. And thereof he complains that he
disseised him of a piece of land which contains in length about
thirty feet, and in breadth two feet and a half. And Adam
comes and says that the said John cannot be disseised of the
said tenement, which he put in their view. For he says
that he can claim nothing in the said tenement except by reason
of a certain Maude his wife, whose right and inheritance the
said tenement is. And that this is so he puts himself on the
assize.
The jurors say that the said Adam disseised the said John
of half a foot [of land] in breadth in one place, and one foot
in another place, and of thirty feet [of land] in length, and in
no place of two feet and a half in breadth. Therefore it is
considered that the said John do recover his seisin of the said
tenement by view of the jurors ; and Adam be in mercy ; and
that John, likewise be in mercy for a false claim.
Damages : half a mark.
Henry the Mercer, Eudo de Kirkeby, Simon Amarik, Ralph
Priket, Adam the Saucer (Pulment), Simon son of Hilda, Geoffrey
son of Gerard, Adam Wysp, William de Lutton, Geoffrey de
Folketon, William son of Robert, Alexander his brother,
Ralph de Wynketon, Walter de Watton, Bernard de Hund-
manby, Robert the Carpenter, Simon Cryvok, Thomas his
brother, Thomas Bagge, John de Swanesthorp,i Robert the
Salter, Roger son of Wilham, Adam son of Uthing, Geoffrey
son of Juliana, Hubert le Walker, Robert le Sage, Reynold
the Cordwainer, Walter his brother, Walter the Clerk, Henry
his brother, John Spotothebrowe, John son of Baldwin, Matthew
Myrden, Robert the Tiller, Ralph Ragheleng, Roger his
son, Robert Dusing, Roger Wulron and Robert Alwy on
behalf of themselves and the community of the vill of Scarthe-
burg, complain of Roger Uctred, Robert Pa, John de Limberg,
John Halden, Thomas Beryer, Robert Roston, Adam Uctred,
'■ Possibly Swaythorpe, which has disappeared.
118 YORKSHIRE ASSIZE ROLLS.
Thomas Uctred, Roger Farman, John Beufrunt, Henry le
Macegre, Maude la Eerier and Emma la Eerier, that whereas
they [the plaintiffs] themselves are in lot and scot and tallage-
able with the said Roger and the others, whensoever the Lord
King tallages the borough of Scartheburg, and ought to [have
the right to] buy all kinds of merchandise coming to the said
borough by water, as the said Roger and the others buy, the
said Roger and the others draw to themselves all kinds of
purchases of whatever merchandise comes to the said borough
of Scartheburg ; nor do they allow Henry and the others to
buy any merchandise, nor merchants coming to the said town
to buy as by the community^ of the town they ought to do,
to their manifest prejudice. Whence they say that they are
damaged and have losses to the value of 200 pounds etc.
And Roger, Robert and the others come and deny the force
and injury which etc. And well do they acknowledge that the
said Henry and the others are in lot and scot with them with
all the other burgesses of the said vill ; and that they [Henry
etc.] freely and without constraint by the said Roger and the
others ought to [have the right to] buy any merchandise
coming to the Sciid vill, if the merchants to whom that merchan-
dise belongs are wilUng to sell it to them ; but they say that
they themselves have not prevented Henry and the others
from being able to buy all kinds of merchandise at their will ;
but in truth they say that, because certain merchants have a
greater preference for Roger and the others than for the said
Henry and the others, they [the merchants] sell their mer-
chandise more willingly to them than to the said Henry and
the others. And that they have made no other injury to them,
they put themselves on the jury of the vill.
And the jurors chosen by consent of the parties say on
their oath that the council of the borough of Scartheburg is
such that certain burgesses of the town miist be chosen from
the common council of the whole community of the town to
meet foreign merchants, coming by sea from diverse lands
to the said town with their merchandise, who know not nor
understand the English tongue, so as to be intermediaries
between those foreign merchants and the other EngUsh mer-
chants who wish to buy their merchandise, because those
foreign merchants do not understand the English tongue, so
that they [the foreign merchants] may be truthfully protected
by them [the appointed burgesses] for selUng their merchandise.
And they say that the said Roger and the others, of whom the
* i.e. the laws and customs.
YORKSHIRE ASSIZE ROLLS. 119
said Henry and the others complain, have been chosen for this
by the community of the said vill ; and by this reason they
draw to themselves the foreign merchants and buy from them
all their merchandise which they have had carried by sea to
the said vill ; nor do they allow the other burgesses of the said
vill who are of the community of the said vill to buy any mer-
chandise from the said foreign merchants. Wherefore they
say that the whole community of the said vill is damaged
and has a loss to the value of 200 pounds. Wherefore they
say that they [the plaintiffs] have been damaged by the said
Roger to the extent of twenty-two pounds, by Robert Pa
thirty-two pounds, by John de Limberg twenty-two pounds,
by John Haldan ten pounds, by Thomas le Berier forty shillings,
by Robert de Roston six pounds, by Adam Uctred fifteen
pounds, by Thomas Uctred ten pounds, by Roger Farman
forty pounds, by John Beufrunt six pounds, by Henry le
Macegre six pounds, by Maude la Berier twenty-two pounds,
and by Emma la Berier thirty-two pounds.
And therefore it is considered that the said Roger and the
others do satisfy the said Henry, Eudo and the others of the
community for the said damages ; and the said Roger and the
others be put in custody for the trespass.
Afterwards came the said Robert de Roston and made
a fine for his amercement for five marks, by the pledges of
Robert the Carpenter and Adam de Roston and others, as is
contained in the estreat {estracta).^ Afterwards came the said
John Haldan and made a fine for twenty shillings, by the pledges
of John de Wandesford and Thomas de Anlakeby and others
etc. And Adam Huthred made a fine for ten marks, by
the pledges of William de Everlay and Robert Beaufrunt
and others etc. And the said Thomas Beryer made a
fine for one mark, by the pledges of Thomas Haldan,
Roger Haldan, Roger de Eversley and others etc. And
John Beaufrunt made a fine for 100 shillings, by the pledges
of Alan Beaufrunt and Robert Beaufrunt and others etc.
And Thomas Uctred for six marks, by the pledges of Everard
Stacy, Simon Americ and others etc. And Maude la Berier
made a fine for five marks, by the pledges of Robert le Redye,
Robert Beaufrunt and others etc. And Emma la Berier for
fifteen marks, by the pledges of Adam Huthred and Adam de
Roston and others etc.. And John de Limbergh for ten marks
by the pledges of (blank). And Roger Farman for ten shillings,
by the pledges of (blank).
"^ See Appendix II.
120 YORKSHIRE ASSIZE ROLLS.
Afterwards it was provided by William de Everle[y], Alan
Beufrunt, Everard Stacy, Richard de Paxton, William de
Pycheford, John son of William, John de Thorenton, Alan
son of Eudo, William Raynbald, Robert de Suwell, William
son of Alan, Richard de Brumpton and Henry Sampson, the
sworn middle men [mediocres homines) of the borough of
Scartheburg, and granted by the whole community of that
borough both rich and poor, that all the burgesses of that
borough and each of them shall have henceforth share
{societatem) and reasonable part in all kinds of merchandise
and goods to be bought and sold in their presence if they
exact a share therein : and that no one shall buy nor sell any
merchandise in a way which the burgesses of that town call a
deceitful and covert buying; nor buy any fish nor herring [allecia)
from fishermen, except from the rising of the sun until the
going down thereof and here between the open sea and Dune-
cotestreme from the northern side of the Northoutgate as far
as Skerthale ; and no one shall go at sunset in ships or boats
coming outside the said bounds for the purpose of buying fish
or herring : but if anyone buys corn or salt in gross for selling,
let him sell thereof to any of the burgesses whatsoever of the
said vill who have desired to have some for use in their house-
holds without any constraint one measure, to wit one quarter
or a half or two quarters at the price for which it was bought
from the merchant in the first instance, so long as that mer-
chandise shall be in the ship from which it was purchased or
any part thereof ; and it is provided that anyone bringing
merchandise to Scartheburg shall henceforth sell freely without
the baihff's Ucence ; and likewise any burgess shall buy freely
without the said bailiff's licence, so that each one shall hold to
any agreement which he shall have made with a merchant in
respect to a purchase ; and if anyone shall be unwilling or
unable to hold to [such agreement] after he has been convicted
thereof by view of his neighbours once, twice and thrice
he shall lose his buying for one year ; and Ukewise if anyone
sell contrary to any of the other articles he shall lose his
merchandise bought contrary to the aforesaid statutes, so that
and be in the bailiff's mercy. And be it known that
this provision was made and read at Schartheburg on the
Thursday next after the feast of the Exaltation of the Holy
Cross, in the 44th year, before H. le Bygot, Justiciar of Eng-
land, in the presence of the whole community of the borough,
both rich and poor, who unanimously consented [to it].
YORKSHIRE ASSIZE ROLLS. 121
[m. 5.] ALSO OF JURIES, ASSIZES, AND PLAINTS
BEFORE H. LE BYGOT.
Walter de Grey, parson of the church of Masseham, who
brought a jury of ' Utrum ' against John de Wanton concerning
one acre of land with appurtenances in Masham, does not go
on. Therefore he himself and his pledges for the prosecution
are in mercy, to wit William son of Peter de Buggethorp and
William son of Adam the Dean.
Elias de Burel, who brought an assize of mort d' ancestor
against Roger son of Niel de Wellebek concerning one carucate
of land with appurtenances in Fornebrug', does not go on.
Therefore he himself and his pledges for the prosecution are
in mercy, to wit Adam le Taylur of Tholthorp and Peter son
of Robert de Midelton.
Geoffrey Pycot, who brought an assize of novel disseisin
against Alan de Lathum and others [named] in the writ con-
cerning a tenement in Karleton, came and withdrew. There-
fore he himself and his pledges for the prosecution are in mercy,
to wit Thomas de Thorentonrust and John de Riche of Riche-
mund. The amercement of Geoffrey himself is pardoned
because he is poor.
The assize comes to recognise if Thomas son of Hugh de
Clif unjustly etc. disseised Margery of St. James of her free
tenement in Clif, after the first etc. And thereof she com-
plains that he disseised her of the third part of one messuage
with appurtenances. And Thomas comes and says nothing
why the assize should remain.
The jiirors say on their oath that the said Thomas did not
disseise the said Christiana (sic) of the said tenement, which
she put in their view, unjustly etc., because they say that
she herself is in seisin thereof. And therefore it is considered
that the said Thomas do go without day ; and Christiana take
nothing by that assize, but be in mercy for a false claim.
Richard de la Haye, who brought an assize of novel disseisin
against Adam de Everingham and others [named] in the writ
concerning a tenement in Birsey, came and withdrew. There-
fore he himself and his pledges for the prosecution are in
mercy, to wit Thomas de Bayton and Richard le Fraunceys.
Ivo son of William de KiUingwike, who brought an assize
of novel disseisin against WilUam de Percy of Kildal concerning
122 YORKSHIRE ASSIZE ROLLS.
a tenement in Killingwike/ does not go on. Therefore he
himself and his pledges for the prosecution are in mercy, to
wit Nicholas of St. James of Brunneby and Adam Sampson
of the same [vill].
The jury of twenty-four to convict the twelve comes to
recognise if Hugh de Hilderskelf, father of Robert de Hilder-
skelf , was seised in his demesne etc. of two bovates of land with
appurtenances in Slengesby on the day on which [he died] ;
and if [Robert is the next heir]. Which land Alice Aget held ;
who now comes and complains that the jury of the assize
of mort d' ancestor, taken before the Abbat of Peterborough
the Justiciar and his fellows at York between the said Robert
and Alice, made false oath.
And Robert comes and says that the jury ought not to be
made, because he says that never was any assize of mort
d'ancestor arraigned between them concerning the said land
by such a writ ; and that by a jury of the country taken thereof
between them by consent of the parties he himself recovered
his seisin of the said land against her. And this is proved by
the rolls of the Justiciar on his said iter. And therefore
it is considered that the said Robert do go without day, and
Ahce be in mercy for a false claim. She is pardoned because
she is poor.
Ralph son of Walter and Maude his wife, who brought an
assize of mort d'ancestor against John de Chauncy concerning
one bovate of land with appurtenances in Wharhum, do
not go on. Therefore they themselves and their pledges for
the prosecution are in mercy, to wit Robert de Neusum and
Stephen le Brokur.
Walter of Le Dike, who brought an assize of novel disseisin
against Peter of Le Dike and others [named] in the writ
concerning a tenement in Le Dike,^ does not go on. Therefore
he himself and his pledges for the prosecution are in mercy,
to wit William Russell of Holdernesse and Adam son of Walter
Chaun of Preston.
Adam son of Walter le Camm and Gundreda his wife, who
brought an assize of mort d'ancestor against the Abbat of
Thorenton concerning a messuage and two parts (thirds) of
half a bovate of land with appurtenances in FMnton, do not
1 Kildwick Percy.
" Probably Lelley Dike, a farm near Preston-in-Holderness.
YORKSHIRE ASSIZE ROLLS. 123
go on. Therefore they themselves and their pledges for
the prosecution are in mercy, to wit Richard le Waleys of
Aclum and Walter son of Uctred of le Dike in Holdernesse.
The assize comes to recognise if Walter de Pikering and
Walter son of Edusa de Mapelton unjustly etc. disseised Agnes
daughter of Henry de Stutevill of her free tenement in Mappelton
within the summons of the iter of R. de Thurkelby etc. And
thereof she complains that they disseised her of a messuage,
the moiety of one bovate and seven acres of land with appur-
tenances. And Walter and Walter come ; and they say nothing
why the assize should remain, except only that the said Agnes
never was in seisin of the said tenements as of a free tenement
so that she could be disseised thereof. And of this they put
themselves on the assize.
The jurors say that the said Henry de Stutevill, father of
the said Agnes, at one time held the said tenements in fee, and
that, while on his death bed, he enfeoffed Agnes herself of
those tenements by his charter and put her in seisin for five
days before his death, and that she was in peaceful seisin thereof
until the said Walter and Walter ejected her thence. Where-
fore they say that the said Walter and Walter disseised the
said Agnes of the said tenements unjustly etc., as the writ
says. And therefore it is considered that the said Agnes do
• recover her seisin by view of the recognitors ; and Walter and
Walter be in mercy.
Damages : one mark.
Robert de Bayllol offered himself on the fourth day against
William de Cumpeyne in a plea, whereas he [William] beat,
wounded and maltreated him [Robert], against the peace etc.
And he [William] did not come etc. And the sheriff had been
ordered to distrain him by his lands etc., so that he should have
his body on this day. And the sheriff returned that the said
William has nothing etc. by which he can be distrained, nor
does he permit himself to be attached. And therefore the
sheriff is ordered to [blank).
The jury of twenty-four to convict the twelve comes by
Simon de Silling, Robert de Fritheby, Alan de Lek, Robert de
Lacel, WilHam de Halteby, John de Rungeton, Peter de la
Haye, John de Kayn, Thomas son of WilUam de Merston,
Patrick de Westwik, Philip de Mileford, John of the same
[vill], Henry son of the Master of Tatecastr', Roger de Fareburn,
Richard de Colton, Nicholas Buchard of Acastre, Roger de
124 YORKSHIRE ASSIZE ROLLS.
Nafferton, William son of Oliver de Dalton, William de Grira-
ston, Thomas de Barcston, Gilbert de Hudelston, Robert de
Ruggeden, John de Blaby and Henry de Bileburg, to recognise
if Richard de Ruedon and Joan his wife, Ralph son of Hugh,
Nicholas Cudhou, Laurence son of Luke, Ralph son of Luke,
Roger son of Walter and John son of Laurence, unjustly etc.
disseised the Prior of the Park of Helawe of his free tenement
in Bretteby,! after the first etc. And thereof the said Prior
formerly complained that the said Richard and the others
disseised him of half a carucate of land and two tofts with
appurtenances. And thereof the said Prior now complains that
the jurors of the assize of novel disseisin, which was summoned
and taken between them here, made false oath, (inasmuch
as they said that the said Prior could not be disseised of the
said tenements, because he had nothing in them except only
a term of twelve years by the demise of a certain Stephen de
Waltham), since he says that the said Stephen enfeoffed him
[the Prior] of the said tenements by his charter, so that by the
said feoffment he was in seisin of them as of a free tenement,
until the said Richard and Joan and the others unjustly etc.
disseised him thereof. And that this is so he puts himself on
the jury. And Richard and the others come and say nothing
why the jury should remain. And likewise the [twelve]
jurors of the first assize, to wit William de Benevill of Hothon,
Robert de Smetheton,- Morgan de Ditton, Stephen de Soureby,
Thomas de Smitheton, William son of Oliver de Everley,
Roger de Welleberg, WiUiam son of Walter de Salcoke, John
Lungespe of Brumpton, Ranulph de Brumpton, Richard de
Fonte in Dalton, Robert son of Juliana in Kepwik.
The jurors say on their oath that the said Stephen enfeoffed
the said Prior of the said land and tofts with appurtenances, and
made a charter of feoffment to him thereof which was read in
the full county [court] of York, so that the said Prior was by
the said feoffment in seisin of the said tenements, as of a free
tenement, for about eleven years until the said Richard, Joan
and the others ejected him ; whence they say precisely that
the said Richard and all the others unjustly etc. disseised the
said Prior of the said tenements, which he put in their view ;
and that the said [twelve] jurors made false [oath] in this,
because they said that the said Prior had nothing in the said
tenements except a term of twelve years. And therefore it
is considered that the said Prior do recover seisin by view of
the recognitors ; and that the said Richard and all the others
' Birkby. * Smeaton.
YORKSHIRE ASSIZE ROLLS. ]25
be put in custody ; and that the said [twelve] jurors be com-
mitted to gaol. And because the said Ranulph de Brumpton
swore without view having been made, therefore let him
alone be redeemed and restored to his law and status. ^
Damages : 35 shillings. Costs : 22 shillings and 8 pence.
[m. 5 rf.] The Prior of EUerton complains of Thomas de Northyby,
WilUam his son, Nicholas de Tillingwik, Richard Cok and
Henry the parson of the church of i&ton, that the said Thomas,
WilUam and the others on the Monday next before the Nativity
of the Blessed Mary, in the 41st year [of King Henry IH]
at the command of Henry the parson made an assault on a
certain Robert and Richard, the Prior's men, and overturned
the Prior's carts and seized his com, being in the said
carts, and carried it off, against the peace etc. He also
complains that the said Thomas, William and the others
on the Wednesday next before the feast of St. Barnabas, in
the 43rd year, came with force and arms to the Prior's land
in Lathum at the command of the said Henry and seized his
com, being in one acre of land, to the value of half a mark, and
carried it off. And in Uke manner on the morrow of the
Assumption of the Blessed Mary in this year came the said
Henry the parson, together with certain of his servants, to the
Prior's land in the said vill, who cut the Prior's corn in the same
place as before by night and carried it off, against the peace
of the Lord King. Wherefore he says that he is damaged
and has a loss to the value of twenty pounds. And thereof
he produces suit.
And Henry and all the others come, and Henry, questioned
as to how he wishes to acquit himself of the said trespass, says
that he is a clerk and that he will not answer here except
before his ordinaries. And the Prior prays judgment con-
cerning him as a man undefended. And therefore it is con-
sidered that the said Henry do remain undefended ; and that
the said Prior do recover the said losses of 100 shillings and
costs of twenty pounds ; and that Henry be committed to gaol.
And Thomas, William and all [the others] deny the force
and injury which etc.; and whatever is against the peace
and the whole [of it] etc. And they put themselves thereof
on the country. And the Prior in like manner.
Afterwards comes the said Prior and prays licence for
withdrawing from the writ, and he has it. Afterwards comes
^ This is obscure ; but the point seems to be that a,s Ranulph had no view,
it could not be said that he swore falsely,
126 YORKSHIRE ASSIZE ROLLS.
the said Henry the parson and makes a fine for his amerce-
ment for ten pounds, by the pledges of Godfrey de Melsa,
WilUam de Aton, Roger de Linton, William son of Sajrve de
EUerton, Henry de Herlethorp, Robert of the same [vill],
Nicholas of St. James, Thomas Northyby of Lathum and
Thomas the Forester of Seton.
The assize comes to recognise if WilUam the Constable and
Elyas the Hay ward unjustly etc. disseised Saer de Caregrave^
of common of pasture in Esthalsam and Westhalsam
which belongs to his free tenement in Esthalsam, after
the first etc. And thereof he complains that they disseised
him of common of pasture in eighty acres of meadow where
he was wont to common after the hay had been raised and
carried, until the said William and Elyas prevented him from
being able to common there as he was wont. And of this he
prays an assize. And William and Elyas come and say nothing
why the assize should remain.
The jurors say that the said William and Elyas did not
disseise the said Saer of the said common of pasture in the said
meadow, which he put in their view, because they say that the
said Saer was never wont to common there save only by the
grace or permission of the said William. And therefore it is
considered that the said William and Elyas do go without day ;
and that Saer do take nothing by that assize, and be in mercy
for a false claim.
The assize comes to recognise if AUce, mother of AUce de
Bukethorp, was seised in her demesne etc. of one messuage and
two bovates of land with appurtenances in Bukethorp on the
day on which [she died] ; and if etc. Which messuage and land
John de Amhal holds, who comes and says nothing why the
assize should remain.
The jurors say that the said AUce [the mother] died seised
of the said messuage and land in her demesne as of fee, and
after the term ; and that the said Alice is her next heir. And
therefore it is considered that the said AUce do recover her
seisin by view of the recognitors ; and that John be in mercy
for unjust detention.
The sheriff was ordered to bring here Roger Hutred, Adam
de Roston and John son of Richard de Walegrave to answer
to the Lord King why they withdrew the suit of the wapentake
of Pikering in respect to a carucate of land in Walesgrave^
' Gargrave. " Palsgrave, near Scarborough.
YORKSHIRE ASSIZE ROLLS. 127
which is in the demesne of the Lord King in Pikering, and
fifteen pence of fines of the wapentake in respect to the same
carucate of land to the damage of the Lord King
because it was presented that the said Roger and the others
had made the said withdrawal. And Roger and the others
come. And they say that they withdrew nothing from the
Lord King, because they say that the Lord King granted to
them and other burgesses of Escardeburg his manor of Wales-
grave with all appurtenances without any retention, to hold
to them and their heirs for the amplification of the borough
of Scardeburg from the Lord King and his heirs at fee farm as
freely as they hold the said borough. And they produce the
charter of the Lord King which testifies this. And questioned
if they have anything else for acquittance of the said suit and
the said fine, they say no.
It is found by the jury on which Roger Hutred put himself
that the said Roger now for three years past has withdrawn
the suit of the wapentake of Pikering in respect to two carucates
of land in Preston, nor has he allowed his tenants of Edbreston
to follow the hue when it happens to have been raised, nor in
addition to make suit before the Justiciars, nor to make
any aid with the said township {villata) as they were
wont to do. And therefore it is considered that he do
satisfy the Lord King for his damages, which are taxed by
the jurors at one mark ; and be in mercy for the trespass.
And the sheriff is ordered to distrain him henceforth to do the
said suit ; and Ukewise to distrain the said tenants to contribute
with the said township as often as they happen to be amerced
or make a fine, and also to follow the hue and do other things
which before they were wont to do etc.
Thomas de loneby was attached to answer William Male-
kake concerning a plea whereas when Joan, daughter and one
of the heirs of Robert Manievileyn, was in the wardship of the
said William and Alice his wife by the sale of William de
Percy of Kildal, from whom the said Robert held his land by
military service, and when the marriage of Joan belonged to
William and Ahce by reason of that sale, the said Thomas in
prejudice of William and Alice fraudulently withdrew Joan ;
and married her without the leave and will of William 'and
Alice ; and entered into the lands which belonged to the
said Joan by right and inheritance, the wardship of which
belonged to William and AUce until the lawful age of Joan ;
and holds them occupied etc.
128 YORKSHIRE ASSIZE ROLLS.
And Thomas comes and cannot deny that he withdrew the
said Joan from the wardship of William and Alice, nor that he
married her and entered into her lands, the wardship of which
belonged to William and Alice until the lawful age of the said
Joan, as the said William and AUce complain. And therefore
it is considered that the said Thomas do satisfy them for their
damages ; and be in mercy for the trespass. He made a fine
for 100 shillings, by the pledges of William Lovel and Robert
de Kariby.
Afterwards came the said Thomas and made a fine with
the said William and Alice for their damages for twenty-four
marks, of which he will pay to them twelve marks at the feast
of St. Michael, in the 44th year, and twelve marks at the feast
of All Saints next following. And unless he does so he grants
that the sheriff may levy it of his lands etc. And moreover he
found these pledges, William son of Ralph and Robert de
Kareby.
James le Mazun, who brought an assize of novel disseisin
against Geoffrey Agyllun, Robert de Turnham and others
[named] in the writ concerning a certain way in Besewik ob-
structed to the nuisance of his free tenement in Lokinton, does
not go on. Therefore he and his pledges for the prosecution
are in mercy, to wit William Mutum of Lokinton and William
de Rydal of the same [vill].
The Prior of Watton complains of Brian de Killingwik,
William Thume, Thomas de Katton, William Brown, Joan
Salva)^!, Adam de Lythum and Simon servant of John Russell,
that when the Lord King took into his protection and defence
the said Prior and other canons of the order of Simplingham
and granted to them by his charter that their beasts in their
common pasture should not be seized into [any] hand nor
impounded, the said Brian together with the others on the
Tuesday next after the feast of Holy Trinity, in the 43rd year,
seized and caused to be seized 100 sheep of the Prior in Killing-
wik and had them impounded in the court of Gerard Salvayn
in the same vill, and kept them in the pound until the morrow
at the ninth hour, against gage and pledge, and against the
liberty and protection of the Lord King, and against the
peace etc. Wherefore he says that he is damaged etc. to
the value of twenty pounds etc.
And Brian comes and denies the force and injury, and the
whole of it etc. And he well denies that he himself on the
YORKSHIRE ASSIZE ROLLS. 129
said day did or ordered to be done to the said Prior the
said trespass as is alleged. And of this he puts himself on the
country. And the Prior in like manner.
And the jurors chosen by consent of the parties say on their
oath that the said Brian did cause the said sheep to be seized
by the said Adam de Lythum and others in the common of
pasture of the said Prior in Killingwik and caused them to be
impounded in the court of Gerard Salvayn in the same vill,
and kept them in the pound for one day and one night until
the baihff of the Lord King came to free them ; and [that]
then the said Brian caused those sheep to be driven thence ;
wherefore they say that by reason of that impounding certain
of them immediately afterwards died.
And therefore it is considered that the said Brian do satisfy
the said Prior for the damages which are taxed by the jurors
at twenty shiUings, and be in mercy for the trespass.
The said Prior offered himself on the fourth day against
the said William, Thomas and others in a plea of the said
trespass. And they do not come. And therefore the sheriff is
ordered to cause them to appear at the next coming of Hugh
le Bigod etc. And the writ remains with the sheriff.
[m.6.] OF ASSIZES AND PLAINTS AT BEVERLEY ON THE
SUNDAY NEXT BEFORE THE FEAST OF
SAINT MATTHEW, IN THE 44TH YEAR.
The assize comes to recognise if Robert de Munteny unjustly
etc. disseised Thomas de Bella Aqua and Alice his wife of their
free tenement in CoUey, after the first etc. And thereof he
[? they] complain that he disseised them of eleven acres of
land with appurtenances.
The same assize by the same recognitors comes to
recognise if the said Robert unjustly etc. disseised the
said Thomas and Alice of their common of pasture in
CoUey, which belongs to their free tenement in the said vill,
after the first etc. And thereof he [? they] complain that
he disseised them of their common of pasture in two and a half
acres of meadow in which they were wont to common after
the hay has been raised and carried, and in every third year
for the whole year ; and in like manner of their common in a
certain piece of land, which contains eighty feet in length and
ten feet in width in one place and thirteen score feet in length
I
130 YORKSHIRE ASSIZE ROLLS.
and ten feet in width in another place, where they were wont
to common for the whole year with every kind of beast etc.
And Robert comes and says nothing why the assize should
remain.
The jurors as to the first assize say that the said Robert
did disseise the said Thomas and Ahce of the said tenement,
which he [? they] put in their view, unjustly etc., as the writ says.
And therefore it is considered that the said Thomas and Ahce
do recover their seisin by view of the recognitors ; and Robert
be in mercy. And as for the second assize they say in hke
manner that the said Robert disseised the said Thomas and
Alice of their common of pasture in the said places unjustly
etc. And therefore it is considered that the said Thomas and
Ahce do recover their seisin by view of the jurors ; and Robert
be in mercy.
Damages of the first assize : 4 shiUings.
Damages of the second assize : 2 shilhngs and 8 pence.
The sheriff was ordered to cause to appear on this day the
jurors of a certain inquisition which was summoned and taken
before J. de Oketon, sheriff, and the keepers of the pleas of the
Crown etc. between Henry de Braham, plaintiff, and Elyas
son of Adam de Plumpton and Elena his wife, concerning two
bovates of land with appurtenances in Braham and two
bovates of land with appurtenances in Spofford, for certification
to the Justiciars etc. And thereof the said Henry complains
that when he should have recovered his seisin thereof before
R. de Thurkelby, the Justiciar, etc. by an assize of novel dis-
seisin taken thereof between them, the said Elyas again dis-
seised Henry unjustly etc. And thereof the said Elyas and
Elena now complain that whereas the said Henry never arraigned
any assize of novel disseisin against them concerning the said
tenements before the said Roger or any other Justiciar, nor
ever recovered his seisin against them in respect of the same,
the said Henry falsely and in deception of the court of the
Lord King acquired a writ of the Lord King of redisseisin
directed to the said sheriff and keepers of the pleas of the
Crown etc. against them [EUas and Elena], by reason of which
the said jurors of that inquisition, insufficiently examined as
to this, said that Elyas and Elena again unjustly etc. disseised
the said Henry of the said tenements, whereas Henry had
never recovered seisin thereof by any assize of novel disseisin.
And in like manner [the sheriff was ordered] to cause the
said Henry to come to hear the certification etc,
YORKSHIRE ASSIZE ROLLS. 131
And the said jurors now come ; but the said Henry does
not come. And the sheriff testifies that he has not been found.
Therefore the certification is taken by default.
And the jurors say on their oath that in truth the said Henry
did recover his seisin of the said tenements against the
said Elyas and Elena before G. de Ludham, then dean
of the church of St. Peter of York, and W. le Latimer, then
sheriff, by the order of the Lord King ; and afterwards held
that seisin for about two years until the said Elyas and
Elena ejected him thence. But they say that Henry never
recovered seisin of the said tenements by reason of any assize
of novel disseisin before the said Roger, nor even before the
dean and sheriff. And they said the same before the said sheriff
and keepers of the pleas of the Crown etc. And therefore it
is considered that the said Elyas and Elena do have their seisin
again, which they had before the taking of the said inquisition ;
and that Henry do take nothing by that writ ; and be in mercy
for a false claim.
It is found by a jury, on which Elyas de Bleuleveny and
Robert le Norreys put themselves, that the said Elyas seized
Robert and took him into the march of Wales to the Castle
of Reynold son of Peter de Bleuleveny, and afterwards removed
him thence, wishing to imprison him, in such a manner, however,
that Robert escaped from the hands of Elyas by craft. And
afterwards he seized him again, and held him in prison in a
certain cellar for one month and more, until it was shown
to the sheriff ; and as soon as Elyas was made aware that the
sheriff was coming to deliver Robert, he permitted him to go
away. It is therefore considered that Elyas be committed
to gaol and do satisfy Robert for his damages, which are taxed
by the Justiciars at Afterwards the said Elyas came
and made a fine for his trespsiss for fifteen shillings, by the
pledges of John de Feugers, Robert the Franklin of Whigheton,i
William Baddy of the same [vill], Robert le Veyl of Shupton.
The same are pledges for the damages.
The said Robert le Norreys is in mercy for a false claim
against Baty de Boythorp and Walter Wascelyn, whereas the
said Robert complained that the said Baty and Walter carried
off the com of the said Robert, he being unwilling etc. He
is pardoned because [he is] poor.
John de Crauncewik complains of William de Kirkeby that
when the said John towards the feast of St. Helena, in the 41st
^ Market Weighton.
132 YORKSHIRE ASSIZE ROLLS.
year, had demised to the said William nine niarks of land
with appurtenances in Tokwik, which the said John had
by the grant of Alice, who was the wife of Robert de
Dunesford, for the term of the said AHce's hfe, [and] who
held them in the name of dower, for sixty marks which the
said William ought to have paid him within eight days after
that demise, if the said William had been able meanwhile
to obtain the grant and feoffment thereof of a certain William
de Dunesford, the heir of that land ; and whereas the said
WiUiam had obtained the grant of the said WiUiam de Dunesford
in respect of the said land, and had fully obtained seisin thereof,
the said William de Kirkeby refused afterwards to pay the said
money to the said John, so that when the said John went to
the Priory of the Holy Trinity at York to have the said William
de Kirkeby's writing — by which he was bound to the said John
for the said money, and which had been committed to the
keeping of the Prior of the said Priory with their [common]
consent, until the said William should fully have seisin of the
said land, and [until] the said money should have been paid
to the said John, in such a way that unless the said William
should satisfy the said John thereof, the said Prior would
deUver that writing to the said John — the said William brought
a letter of the Archbishop of York, obtained by a false sugges-
tion, which was directed to the said Prior, forbidding him to
deliver that writing to the said John ; and moreover he [William]
afterwards caused him, the said John, to be summoned to Rypon
before the official of the said Archbishop to answer about certain
matters touching the said agreement, and he [William] produced
there the writing of the said John in respect of a quitclaim of
the said land which he had before made to the said William,
at the end of which writing the said William falsely and with
seditious intent wrote and added with his own hand that the
said John was bound to make good to the said William all kinds
of losses which he might incur by reason of that agreement,
which never emanated with the knowledge of the said John,
in such a way that the said John, by reason of the said vexation
and deceit, remitted to him ten marks from the said debt
before he was able to obtain any part of it, whence he says that
he is damaged, and has a loss to the value of twenty marks.
And thereof he produces suit.
And William comes and denies the force and injury, when
etc., and all the false suggestion and deceit, and the whole [of
it] etc. And well he acknowledges the said agreement ; but
he says that the said John was bound to acquit him [WiUiam]
YORKSHIRE ASSIZE ROLLS. 133
against all men in respect of all kinds of losses which he might
have by reason of the said agreement. And he says that
because Peter de Brus, the chief lord of that fee, had ejected
him from the said land, so that he made a fine with the said
Peter for twenty marks before he could again have entry into
the said [land], which he paid to the said Peter, being urgent,
the said John came and precisely remitted to him the said
ten marks for his said damages. And questioned as to
what became of that writing of which John speaks and which
shows this, he says that it is with the said Prior. And that
he made no other injury to the said John, he puts himself on
the country. And John Ukewise. And therefore the sheriff
is ordered to cause twelve men etc. to come before P. de
Percy at a day and place etc., by whom etc.
[m. 6d.] Joan, who was the wife of Wilham de Caumpeden, puts
in her place Robert de Stutevill or John de Aunecrumber
against the Abbat of St. Mary of York and others [named]
in the writ, in a plea of novel disseisin.
Joan, who was the wife of Gerard Selvayn, puts in her place
Thomas Brun or Simon son of Ralph against Robert Selvayn,
in a plea of dower etc.
Joan daughter of Gerard Salvayn puts in her place the said
Thomas or Simon son of Ralph against Sibil, Lucy and Orfamina,
daughters of Adam de Merflet, in a plea of dower.
[m. 7.] ALSO OF PLAINTS AT BEVERLEY.
Robert the Forester of Berewik, Richer de la Rundehaye,
Richard his fellow, Michael the Hayward of Berewik,
and Peter the Hayward were attached to answer Roger le
Peytevin in a plea whereas, when the said Roger, lately^ in the
Court of the Lord King before H. le Bygot, Justiciar of England,
at Malton, had recovered his seisin of the manor of Saxton
with appurtenances against Alesia, who was the wife of Edmund
de Lascy, by an assize of novel disseisin there taken thereof
between them, and the sheriff by the order of the Justiciar
had given to the said Roger his seisin of the said manor with
appurtenances, the said Robert and the others do not permit
him peacefully to enjoy his seisin of a certain wood which
is an appurtenance of the said manor of Saxton ; indeed they
1 See p. 95.
1S4 YORKSHIRE ASSIZE ROLLS.
Waylaid the servants of the said Roger, who were found in the
same wood on the Sunday next before the feast of the Exalta-
tion of the Holy Cross, in the 44th year, and beat them and ill-
treated them, against the peace etc. Wherefore he says that
he is damaged, and has a loss to the value of 100 shillings
etc.
And Robert and all the others come and deny the force
and injury, and whatever is against the peace etc. And well
they deny that they have ever prevented the said Roger from
enjo5dng his seisin of the said wood ; nor have they waylaid,
beaten, or done any ill to the servants of the said Roger in
the said wood. And of this they put themselves on the assize.
And Roger likewise. And therefore the sheriff is ordered to
cause to come twelve [men] etc., by whom etc., before H. le
Bygot on his first coming etc., and who neither etc., for a
recognition in the said form ; because both etc. And it is [so]
conceded etc. And be it known that Geoffrey son of Richard
de Berewik, Roger de Scholes, Robert Gleuman, Jordan Here,
Adam Lilleman, WilUam the Carpenter, and Robert son of
de Berwyk undertook to have the said Robert and others
before H. le Bygot on his first coming etc.
The Abbat of Ryevalle by his attorney offered himself on
the fourth day against John de Surdeval in a plea of many
trespasses, wherein the said Abbat complains of him etc.
And he did not come, etc. And he made many defaults,
so that the sheriff was ordered to distrain him, so that from the
issues etc.; and to have his body here etc. And the sheriff
witnesses that he is distrained, and that the issues of his lands
are handed to Roger le Dol, Richard de Ruton, Laurence his
brother, and Hugh de Swyne. And therefore, as before, the
sheriff is ordered to distrain him by aU his lands etc., so that
from the issues etc.; and to have his body before H. le Bycot
in one month from the day of St. Michael wheresoever etc.
It is found by the jury on which German Hay and Matthew
de Malton and Geoffrey de Neusum put themselves [in a plea],
whereas the said German complained that the said Geoffrey,
by order of the said Matthew, distrained him by his ploughs,
until he had made a fine with them for ten marks, against the
peace etc., that the said German made the fine with the said
Matthew and Geoffrey for the said ten marks with his own free
will, because the said German had before beaten certain servants
of Peter of Savoy {de Sahaudia), whose bailiffs the said Matthew
YORKSHIRE ASSIZE ROLLS. 135
and GeoflErey then were, and not by any distraint which the said
Matthew and Geoffrey made to the said German, as the said
German had complained. And therefore it is considered that
the said Matthew and Geoffrey do go thence without day,
and [that] German be in mercy for a false claim.
Nicholas son of Thomas, who brought an assize of mort
d' ancestor against the Abbat of Whiteby concerning seven
Stephen de Menill puts in his place Reynold de Tunstal
or Hugh le Weyte against John de Eyvill, in a plea of agreement
etc.
[m. 8.] It is agreed between John son of Richard de Whallesgrave,^
plaintiff, and Roger Uctred in a plea, whereas the said John
complained that the said Roger raised a certain dam in Whalles-
grave to the nuisance of the free tenement of the said John
in the same vill ; and whereof the said John complained that by
this said dam which the said Roger raised water flows back over
a certain turbary of the said John and inundates it, by which
he loses the whole of that turbary — to wit, that John Haldayn,
John de Wandesford, Richard son of Gerard, and Adam de
Roston shall come to the said dam and see if that dam is raised
to [John's] nuisance etc.; and if they shall find that the said
Roger has raised the said dam to the nuisance of the free tene-
ment of the said John, then by their view it shall be taken down
so much as shall it be to [John's] nuisance etc. And therefore
it is enjoined to the said John [Haldayn] and the others that
in their own persons they shall come to the said dam to see.
And if they shall find it raised to [John's] nuisance etc., they
shall cause it to be taken down without delay etc.
Agnes, who was the wife of Richard Cissor, of Schartheburg,
complains of Adam de Schupton that whereas she was in the
peace of the Lord King in her house in Schartheburg on the
Saturday next after the feast of St. Martin this year, the
said Adam came to her said house and broke the doors of the
same house, and entered that house and beat the said Agnes
and illtreated her, and took and carried away her goods found
in the same house, to wit in sheets, utensils, and other things
to the value of forty shillings, against the peace etc. Wherefore
she says that she is damaged, and has a loss to the value of
100 shillings etc
^ Palsgrave.
136 YORKSHIRE ASSIZE ROLLS.
And Adam comes and denies the force and injury, and
whatever is against the peace etc. And that he made no
trespass against her, he puts himself on a jury of the vill.
Afterwards came the said Agnes and withdrew. Therefore
she and her pledges for the prosecution are in mercy ; she
did not find pledges except her good faith, because she is poor.
SCARDEBURG: [PLEAS] OF THE CROWN.
Robert Achard of Scardeburg and Ahce his wife, Gilbert
son of Roger de Beverley and Geoffrey le Swiller, accused of
the death of Margaret daughter of Robert [son of Robert]
de Brinneston,! who was killed in the viU of Scardeburg, come
and deny the said death, and the whole [of it] etc. And for
good and ill they put themselves on a jury of the vill of
Scardeburg.
Walter son of Robert de Pikering, Hkewise accused of the
death of Ralph the Mercer, who was kiUed in Scardeburg,
comes and denies the death, and the whole of it etc. And he
puts himself on the said jury for good and ill.
And the twelve jurors chosen for this say on their oath that
the said Robert Achard, Gilbert, and Geoffrey are not giulty
of the death of the said Margaret. Therefore they are quit
thereof. But they say that the said Alice is guilty thereof.
Therefore, etc. They say also that the said Walter is guilty
of the death of the said Ralph. Therefore etc. They had no
chattels.
[PLEAS] OF THE FOREST.
It is presented by Thomas de Edbreston, the baiUff of the
forest of Scalleby, Nicholas the Forester of the said forest,
Ralph de Levesham and Bartholomew de Scalleby and
Ralph de Roston, verderers of the same [forest], that Stephen
Trenchemer and Richard le Palefreur took a certain hind
in the forest of ScaUeby with greyhounds on the vigil of
St. Giles, in the 40th year, and carried it to the house of
Roger Hutred in Scardeburg ; and that the said Stephen and
Richard and hkewise a certain John, the carter of the said
Roger, were of the mainpast of the said Roger.
1 Bumiston.
YORKSHIRE ASSIZE ROLLS. 137
The same present that Robert de Helperthorp, Roger de
Reythesdal'/ Walter Godwyne, Adam son of Nicholas le
Strenlegger', Roger Taury, Henry his son, and Jordan Pympay,
on the Tuesday next after the feast of Holy Trinity, in the 43rd
year, hunted a stag in the said forest, and brought venison
to the house of the said Roger in Scardeburg.
They present also that Alan de Buleford, together with
others of the household of the said Roger, on the Monday
next before the [feast of] the Invention of the Holy Cross, in
the said year, hunted a kid in the enclosure {haya) of the Lord
King in Scalleby, and carried it to the house of the said Roger
in Scardeburg.
The same present that Robert de Helperthorp and Stephen
Trenchemer, together with others unknown, on the Saturday
next after the feast of Holy Trinity, in the said year, took a
hind with greyhounds in the forest of Scalleby, and carried
venison to the house of Roger Hutred in Preston ; and that
the said Robert, Thomas son of Simon le Berier, and WiUiam,
the shepherd of the said Roger, being of the mainpast of the
said Roger in his house at Preston, then went as far as a certain
place which is called Bodale, within the covert of the said forest,
with bows and arrows and greyhounds, for the purpose of
hunting and taking venison for about six days, and returned
to the said house ; and that likewise John the Minckesman and
Ralph in le Wra often entered the forest for the purpose of
hunting.
The same present that William de Roseles, Colin his man
(gar do), Adam the Chaplain of Aselby, and Alan son of his
brother, on the Friday next before the feast of St. John the
Baptist, in the same year, hunted a hind in the same forest, and
brought her to the house of the said WiUiam in Aselby; and that
William de Galeweye and John de Muneketon, the forester of
Elena de Percy, hunted a kid in the same forest on the Monday
on the morrow of [the feast of] St. Peter and St. Paul, in the said
year.
And Stephen, Robert de Helperthorp, Roger de Reythesdal',
Walter Godwine, Roger Taury, Henry his son, Jordan Pimpay,
John the Munkeman, Ralph in le Wra, Roger Farman, Robert
son of Adam de Roston, William de Roseles, Alan son of his
brother, Thomas son of Simon, William le Bercher and Roger
^ Rosedale, near Pickering.
138 YORKSHIRE ASSIZE ROLLS.
Hutred come ; and they have no warranty. Therefore all
save Robert son of Adam de Roston are committed to gaol.
And Robert
And John de Muneketon and WilUam de Galeweye and the
others do not come. And John was attached by Adam Walter-
man, John de la Grene, WilUam Tupe, Richard the Miller,
Geoffrey de Westgate, Thomas son of Hugh de Semare, Robert
son of Gundreda, Augustin le Messager, Robert the Smith,
Gregory son of Agnes, Gilbert son of John and William son
of Hugh. And William [was attached] by Adam son of
Hugh de Semare, Thomas son of Roger, Thomas son of
William, Thomas de Tweng in Semar, Reynold le Cupere,
William Wade, Simon deAldeston,^ Augustin of the same [vill],
Roger son of Thomas, William Artur', Richard Otewel, and
Roger King. Therefore all [of them] are in mercy.
And the sheriff is ordered to take them and keep them
safely in prison until etc.; and to take their lands and chattels
etc. into the hand of the Lord King etc.
[m. 8rf.] Afterwards came the said William de Roseles and made a
fine for his said trespass for five marks, by the pledges of Geoffrey
de Upsal, Alan Buszel, Ralph de Lokinton, Richard de Nevill,
Roger de Burton, John de Neuton, William son of William de
Eversley, Walter le Romeyn, John le Champyun, Eudo de
Kirkeby, and John Lagan ; who also are pledges that henceforth
he will not trespass in the forest, etc.
Afterwards came Robert son of Adam de Roston and made
a fine for the said trespass for five marks, by the pledges of
Robert the Carpenter, Adam Hupshet, Walter de Watton,
John de Whalesgrave, John son of Osbert, Hugh de Benton,
Robert Dusing, Robert Gege, Hugh Crappes, Adam Gamel,
Adam de Shupton, and Henry le Spicer ; who also are pledges
that no more will he trespass in the forest etc.
Afterwards came the said Robert de Helperthorp and made
a fine for forty shillings, by the pledges of Walter Noon, Ralph
de Wicham, John son of Osbert, Robert Sage, Gregory the
Mercer, John the serjeant, Adam de Schipton, Walter Fox,
Hubert le Walker, William Benet, Walter de Warton, and Ralph
de Winketon ; who also are pledges that henceforth he will not
trespass etc.
Afterwards came the said Thomas son of Simon and found
pledges that henceforth he will not trespass in the forest, to
wit Robert de Sipwell, Robert Redy, Robert Ingeram, junior,
^ Allerston.
YORKSHIRE ASSIZE ROLLS. 139
Reynold Cordewan,', William Gerard, Robert Salter, Robert
Beaufrunt, Ralph Priket, Adam Plumet [? Pulment], William de
Picheford, John son of William, and Richard the Goldsmith.
The fine is pardoned because he is within age.
Afterwards came the said Roger Hutred and made a fine
for the said trespass for fifty marks, by the pledges of Thomas
Haldan, Robert Ingeram, senior, William de RiUington, Roger
Wulrun, Robert Godwine, Henry Sampson, Ralph de Sleden,
Alan the serjeant, Robert the Carpenter, William Sperling,
Wilham Gerard, and John de Thorenton in Scardeburg ; who
also are his pledges that henceforth he will not trespass in the
forest etc.
Afterwards came Ralph in le Wra, and he found pledges that
henceforth he will not trespass in the forest, to wit Adam
Gamel, Adam de Schipton, Henry the man of the Mayor,
John de Slengesby, William Beneyt, Eudo de Kirkeby, Walter
Fox, Robert le Salter, Adam the Saucer {Pulment'), William
Hoker, Reynold de Lindberg, and Walter de Walton. And the
fine is pardoned because he is poor.
Afterwards came Roger Fareman and made a fine for ten
shilhngs, by the pledges of John son of Wilham son of Gilbert,
Wilham de Picheford, Reynold Gresse, John Beaufrunt, Alan
Beaufrunt, Robert Beaufrunt, Wilham Hoker, Godard the
Smith, Adam de Supton, Thomas Haldan ; who also are
his pledges that henceforth he will not trespass etc.
Afterwards came Walter Godwine and made a fine for
half a mark, by the pledges of Robert Godwine, Wilham de
RilUngton, Ralph de Wuketon, Simon de Roston, John the
clerk, Robert Sage, Thomas Crinoo, Reynold Cordewan',
Adam de Schipton, Walter Fox, Adam son of Maude, and
Robert Salter ; who also are pledges that henceforth he will
not trespass in the forest etc.
Be it remembered that on the Friday next after the Exalta-
tion of the Holy Cross, in the 44th year, five charters con-
cerning certain liberties, granted to the burgesses of the said
town by the Lord King that now is, were entrusted by the
whole community of the town of Scardeburg to Roger Hutred,
the mayor at that time, Adam de Rooston, Richard de Paxton,
and Everard Stacy, to be in their custody etc., which before
were in the custody of the said Roger etc.
APPENDIX I.
LIST OF YORKSHIRE ASSIZE ROLLS IN THE
RECORD OFFICE FOR THE REIGNS OF JOHN AND
■ HENRY III.
No. of
No. of Roll. Regnal Year. Description. Mem-
° branes.
11039 — John. Assise coram G. filio Petri et
sociis suis. Placita Forin-
seca. Placita Corone 8
Assise et Placita Corone 12
Assise et Placite 3
Placita et Assise coram S. de
Segrave et sociis suis 29
Placita Corone et de Assisis
coram eisdem 24
Assise nove disseisine coram W.
de Eboraco et sociis suis 4
Placita de Assisis coram R. de
Thurkelby et sociis suis 56
Placita Assisarum coram S.
Karliolensi Episcopo, R. de
Thurkelby et sociis suis.
Placita Forinseca 77
Fines et Amerciamenta coram
eisdem 25
Placita et Assise coram R. de
Thurkelby et A. de Hilton 7
Placita de Assisis et Juratis
coram H. le Bigod 8
Placita de Juratis et Assisis
coram G. de Preston et sociis
suis 92
1051 52 Henry III. Placita Corone 48
1052 55-56 Henry III. Placita de Juratis et Assisis
coram J. de Reygate et J.
de Oketon 17
1053 [Henry III.] Placita Corone 15
* Signifies that these rolls are produced in this volume,
1040
I04I
1042
3 Henry III.
4 Henry III.
15 Henry III.
1043
15 Henry III.
1044
28 Henry III.
1045
30 Henry III.
1046
35-36 Henry III.
1047
36 Henry III.
1I048
36 Henry III.
1I049
44 Henry III.
1050
52 Henry III.
APPENDIX II.
GLOSSARY.
Approver^ {fr abator) . — A convicted criminal who was pardoned
on condition that he should rid the country by his appeals
of a certain agreed number of his associates or other
criminals personally known to him. Although until Brac-
ton's day the jury was not recognised as a definite alterna-
tive to the ordeal by battle, law-abiding folk could avoid
a combat with an approver by placing themselves upon
the country. Only the royal courts had jurisdiction
in an appeal of this sort.^
Essoins. — The usual essoins or excuses for suitors who failed
to appear in answer to the summons were the essoin
de malo veniendi, which resulted in most cases from illness
occurring on the way to court, and the essoin de malo
lecti. When the latter was claimed — and it was ordinarily
only permitted in proprietary actions — the justices sent
four knights^ for the purpose of a " view." If their view
led them to suppose that the illness was unduly exaggerated,
the knights had power to name a day for future appear-
ance ; otherwise an interval of a year and a day was
granted. It may be noted that no essoins whatever were
allowed in cases of novel disseisin.*
Estovers. — One of the many rights of common was the common
of turbary ; this gave the right to cut wood or under-
growth " ad rationabile estoverium sedificandi, claudendi
et ardendi."^ This phrase of Bracton's occurs ante,
p. 65.
Estreat^ [estracta). — An extract of fines and amercements,
which were entered on the rolls of a court, to be levied
by the bailiff or other officer.'
^ See ante, p. 37.
^ P. and M., ii, 633 ; Maitland : Bracton's Note Book, iii, p. 174 ; and
Chadwyck-Healey : Somersetshire Pleas (Somerset Record Society), pp. Iii,
liii.
" cf. ante, p. 19.
* Chadwyck-Healey ; op. cit., pp. Ixix-lxxi ; and P. and M., ii, 563.
? Bracton, fol. 222.
° See ante, p. 119.
' Murray's New English Dictionary.
144 APPENDIX II.
Exchequer of the Jews^ [scaccarium judeorum). — A branch
of the Exchequer originally organised for the purpose of
winding up the affairs of the celebrated Aaron of Lincoln.^
It became " both a financial bureau and a judicial tribunal,"
supervising the collection of the revenues exacted from
the Jews, and determining disputes between Jew and
Christian. 3
Forinsec Service. — This may be contrasted with " intrinsic "
service. The latter " is the service which is created by,
which (as it were) arises Avithin, the bargain between the
two persons, A and B, whose rights and duties we are
discussing " ; the former " arises outside that bargain,
is ' foreign ' to that bargain ; nothing that the bargainers
do will shift it from the land, though as between themselves*
they can determine its incidence." That forinsec service
is the equivalent of miUtary service, so called because it
is performed in foreign parts, is an erroneous conception. ^
Haliweres.* — Probably Durham. The tenants of St. Cuthbert
were sometimes known as Haliweresfolc, the folk of the
holy man.' From its inhabitants a considerable portion
of the bishopric of Durham came to be called Haliwerfolc*
Little Writ of Right Close^ {parvum breve de recto). —
Protection to " villein socmen," tenantry on " ancient
demesne," was afforded by this special writ which wels
directed by the King to the bailiff of the manor, instead
of to the sheriff, bidding him do right to the plaintiff
" according to the custom of the manor." The writ
could be employed against the lord himself of an ancient
demesne manor which had been alienated from the King's
hand^"; and it was a form of procedure less elaborate
and costly than the process before the justices.^'
^ See ante, p. 80.
2 H. W. C. Davis : England Under the Normans and Anjevins, p. 272.
^ P. and M., i, 470.
* cf. ante, pp. 7, 10.
5 P. and M., i, 238, 239H.
« See ante, p. 33.
' Murray's New English Dictionary.
' Yorhs. Arch. Journal, xvii, 127.
' cf. ante, p. 91.
•» Instances may be found in the court roll of King's Ripton ; Maitland :
Select Pleas in Manorial Courts.
^' Vinogradoff : Villeinage in England, pp. 94-100 ; and P, and M i
385-388. ' '
APPENDIX II. 145
Reasonable Dower {dos rationabilis). — There is a distinction
between " dos nominata " and " dos rationabilis " ; the
former was that which was specially stipulated at the time
of the marriage — ad ostium ecclesie — and it could not exceed
one-third of the lands^; the latter was not specific, but
was understood to mean, and could be claimed by the
widow, as one-third of the lands of which the husband was
seised at the time of the marriage. This amount was
extended in the 1217 edition of Magna Carta to comprise
one-third of all the land which the husband held in his
lifetime, by which we must understand, during the
coverture. It is probable, however, that this extension
was not generally employed until the time of Britton.^
'This, at all events, was the rule in the thirteenth centurj.
' P. and M., ii, 420. ^
INDEX OF NAMES AND PLACES.
The letter " « " indicates that the name is in the notes to the page.
Abot, Ad., 49 ; Walt., 49
Abraham, Step., 42
Acaster, Acastre, Akastre, 43, 123 ;
Will, de, 26
Achard, Alice, 136 ; Rob., 136
Ackeford, see Hackforth
Acklam, Aclum, 14, 123 ; [?] Const.
de, 87
Acland, Akland, Ran. de, 86
Acomb, Acum, Alice de, 50 ; Rob.
de, 49 ; Thos. de, 49
Acton, Eborard, 79
Adam, Rob., 80
Aget, see Haget
Aguillon, Agelyun, Agyllun, Geoff.,
47, 66, 128
Ainderby, Aynderby, Ad. de, 51
Aislaby, Aselby, 137
Aivill, Will, de, 30
Albalister, Will., 15
Albemarle, the Earl of, 116
Albyn, Maude, 56
Aldbrough, Aldeburgh, i
Aldwark, Aldewerk, 90
AUerston, Aldeston, Alverstan,
Auverstan, 90, 91 ; Aug. de, 138 ;
Sim. de, 138
AUerthorpe, 53M, 54m
Allerton, Alverton, Rob. de, 6
Alwoodley, Aldolvele, Aldwaldeley,
84 ; Rob. de, 84
Alwy, Rob., 117
Americ, Amarik, Sim., 117, 119
Amotherby,Ayrmundeby,62 ; Bern.
de, 116
Amundevill, Avice de, 79, 86 ;
Ralph de, 79, 86
Ang', Will., 40
Angotebi, see Osgodby
Anlaby, Andlaneby, Anlacby, 16,
119 ; Thos. de, 113
Appleton, Apelton, 116; see also
Nun Appleton
Arblaster, Ad. le, 45
Ardsley, Herdeslawe, Nic. de, 84
Arece, Hugh de, 26
Areynes, see Daxayns
Arkel, Rob., 105
Amest, John de, 44
Arnold. Arnhal, 66, 67, 96 ; Alice
de, 113 ; John de, 113, 126 ;
Richer de, 66, 96 ; Will, de, 66
Arram, Erghum, 48
Arrathome, Erthethom, 107
Artur', Will., 138
Arundel, Ad., 91 ; Rog. de, 4
Aske, Asc,John de, 91, 92 ; Rog. de,
40
Askham, Ascum, Ric. de, 36
Atterbekers, Geoff., 70 ; Marg., 70
Attilkelde, Thos., 105
Aubeny, Will, de, 10
Auberville, Fulk de, 23
Auckland, Auclent, Geoff, de, 5, 42
Aughton, Acton, 55 ; the church of,
125
Aunecrumber, John de, 133
Austwick, Oustwic, 9 ; Akaiy de, 9
Averenches, Averenges, Haverang,
Will, de, 76, 87
Avemus, Geoff, de, 4
Ayrmundeby, see Amotherby
Ayton, Aton, Gilb. de, 37 ; Will.
de, 126
Bacun, Thos., 19
Baddy, Will., 131
Bagge, Thos., 117
Bagoch, Walt., 105
Baildon, Beldon, Beyldon, 64 ;
Hugh de, 24, 64
Bainton, Bayton, Thos. de, 121
Baldersby, Baldrebi, Rob. de, 36 ;
Step, de, 36
Baldeyn, John, 100
Baliol, Bayllol, Marg. de, 92 ; Rob.
de, 92, 123 ; Will, de, 89, 93, 116
Balkholm, Pet. de, 69 ; Sewal de,
69 ; Thos. de, 69
Balloc, Geoff., 13
Balne, Beln', 12
Bardolf, Hugh, 4
Barewe, Barwe, Thos. de, 49, 52, 80
Barforth, Bereford, Rob. de, 34
Barkston, Barcston, 70 ; Thos. de,
57. 124
INDEX.
147
Barlby, Bardelbi, 41, 42 ; Gilb. de,
42 ; Ric. de, 42 ; Step, de, 42 ;
Will, de, 42
Barlow, Barley, Berelay, Ralph de,
68 ; Ric. de, 60 ; Rob. de, 68 ;
Rog. de, 68
Barmston, Berneston, Gilb. de, 26 ;
Leda de, 26
Bamefader, Will., 90
Barthorpe-Bottoms, Berketorp , Gilb.
the clerk of, 13
Barton, Bartun, 33, 34 ; Bea. de,
33 ; Geoff, de, 33 ; Hy. de, 34 ;
Ralph de, 2 ; Rog. de, 36 ; Thos.
de, 36 ; Will, de, 2, 51
Basset, Nic, 31 ; Pet., 62 ; Reyn.,
3, 15 ; Will., I5,- 31
Bastard, Emma the, 63, 79 ; Will.
the, 63, 79
Bavill, Pet. de, 25
Bayton, see Bainton
Bayus, Alex., 68
Beadlam, Bolum, 88 ; the reeve of,
88
Beauchamp, Bello Campo, Rog. de,6
Beaufrunt, Beufrunt, Al., 119, 120,
139; John, 118, 139; Rob., 119,
139
Beaumont, Bello Monte, Will, de, 60
Beauver, Beauvair, John de, 38, 39 ;
Maude de, 56, 86 ; Walt, de, 40
Beilby, Beleby, Belesby, 28, 92,
115; Ad. de, 114, 115 ; John de,
115 ; Rog. de, 28 ; Thos. de, 59 ;
Will, de, 28, 115 ; the reeve of, 92
Bek, John [de], 95, 105
Bel, John le, 96 ; Nic. le, 47
Belasis, Hy. de, 108
Belle, Hugh, 28 ; Swain, 26 ;
Walt., 38
Bellerby, Belreby, El. de, 53 ; John
de, 53 ; 01. de, 53
Bellew, Bella Aqua, Alice de, 129 ;
Thos. de, 129
Belver', Isolda de, 44 ; Thos. de, 44
Beme, Hugh, no ; Rob., no
Benet, Beneyt, Will., 138, 139
Bentham, High and Low, 8
Benton, Hugh de, 138
Berier, Beryer, Emm. ]a, 118 ;
Maude la, 118 ; Sim. le, 137 ;
Thos. [le], 117, 137
Berk, 45 ; Rog. de, 45
Berwick, Berewic, Berwik, Geoff.
de, 134 ; Ric. de, 134 ; Rob. de,
95, 134 ; Mich, the hayward of,
133 ; Rob. the forester of, 133
Beswick, Besewik, 47, 128
Betrecht, Rob. de, 105
Beueben, Hy., 95
Beverley, 129, 133 ; Gilb. de, 136 ;
John de, 26 ; Rog. de, 136 ; the
reeve of, no
Bewholme, Beellum, Geoff, de, 33 ;
Phil, de, 32, 33
Bigod, Bygot, H. le, 88, 97, 99, 103,
107, III, 115, 116, 120, 121, 129,
133. 134
Bilbrough, Bileburg, Hy. de, 124
Bilham, Hugh de, 25 ; Jord. de,
109
Bilton, 69 ; John de, 69 ; Ralph de,
69 ; Will, de, 49, 80 ; the church
of, 85
Bingley, Bingel', 97 ; the manor
of. 97
Birdforth, Brudeford, 45
Birdsall, Brideshal', Gilb. de, 80 ;
Rob. de, 79
Birkby, Bretteby, 106, 124
Birkin, Birkine, Pet. de, 11, 23 ;
Rog. de, II, 23
Birstall, Burstall, Rob. de, 57
Biscop, Byscop, Jas., 105 ; John,
105 ; Walt., 105
Bishop Wilton, Willeton, 30 ; Rog.
the reeve of, 30
Blaby, John de, 124
Bladwurth, Ad. de, 55
Bleuleveny, El. de, 131 ; Pet. de,
131 ; Reyn. de, 131
Blund, Ben. le, 75
Blysse, Thos., 105
Bo, Walt, 105
Bobylton, Thos. de, 105
Bodale, 137
Bodus, Hy., no; Rob., no
Bogeys, El., 107
Bolebec, Ralph de, 38
Bolrunesflat, 10
Bolton, Boulton, Bowelton, 106 ;
Al. de, 99 ; Eleanor de, 51, 56, 66!
79 ; Geoff, de, 40 ; Hugh de, 39,
40 ; Pet. de, 43 ; Thos. de, 51, 56,
66, 79 ; Will, de, 40, 43
Bonville, Benevill, Will, de, 124
Bootham, Buthum, Buthon, 73 ;
Thos. de, in
Boren, Thos. le, 91
Borrowby, Bereweby, Al. de, 64
Boshal, Will, de, 107
Bosvile, Bosevill, John de, 60
Boulers, Nic. de, i:
Bouloudewra, 49
Boynton, Boington, Bovinton, 93 •
Walt, de, 31, 38
Boythorpe, Baty de, 131
Braham, 130 ; Hy. de, 130
Bramley, Brameley, 77
Brandeby, Walt, de, 89
IXDEX.
Brautingham, Brentingham, 51 ;
Ivo de, 31 ; Will, de, 32
Braycewell, Gilb. de, 53
Brazur, Geoff, le, 105
Brearton, Brerton, Ric. de, 17
Bredebyr, Gilb. de, 73
Bret, Geoff, le, 57 ; Ric. le, 57, 64 ;
Rob. le, 64, 78 ; Sim. le, 37
Bretton, 11 ; the prior of, 11
Bridgwater, Bruges, 17
Bridlington, Breddelington, Mart.
de, 26
Briewere, Will., 6
Brifel, Ralph de, 14
Brigham, Brigheym, Ad. de, 108 ;
Bea. de, 108
Brinsworth, Brinesford, 68
Brito, John, 34 ; Ric, 15
Brock, Geoff., 91
Brokur, Step, le, 122
Brompton, Brumton, 124 ; Ran.
de, 124 ; Ric. de, 120
Broughton, Brocton, 62
Brown, Brun, El., 4 ; Ric, 12 ;
Rob., 7 ; Step., 105 ; Thos., 12,
i°5. 133 ; Will., 128
Brunneby, see Bumby
Brunum, see Nunburnholme
Brus, Breus, Pet. de. 58, 59, 133 ;
Ric. de, 114 ; Rog. de, 58
Bryggedal, Ad. de, 105
Buchard, Nic, 123
Budecaster, Rob. de, 6
Bugthorpe, Bukethorpe, 97, 113,
116 ; Alice de, 126 ; Emm. de,
97 ; Pet. de, 121 ; Walt, de, 97 ;
Will, de, 121
Buleford, Al. de, 137
Bulur, Hugh, 91 ; Will., 64
Burdale, Breddal, Rob. de, 65 ;
Will, de, 65
Burdun, Bert, 39, 40; Walt., 26;
Will., 89
Burg, Joan de, 46 ; Reyn. de, 46
Burgman, Bargemun', John, 10 ;
Marg., 83 ; Rob., 83
Burkiggill, Ad., 37
Bumby, Brunneby, 122 ; El. de, 56 ;
Mart, de, 29 ; Pet. de, 29 ; Thos.
de, 29 ; Walt, de, 105
Bumiston, Brinneston, Marg. de,
136 ; Rob. de, 136
Burrill, Burel, El. de, 121
Bursea, Birsey, 121
Burshill, BristhuU, Brusthall, Rob.
de, 27 ; Thos. de, 67
Burton, 8, 34, 74, 113 ; Ad. de, 27 ;
John de, 73 ; Pet. de, 27 ; Ralph
de, 73 ; Rog. de, 138 ; the church
of, 113
Bury, Byri, Ad. de, 107 ; Maude de,
107, 115
Buszel, Al., 138
Butvinte [?J, John, 23
Byland, the abbat of, 46, 59, 79. 84
Calverley, the church of, 21
Camera, Is. de, 46 ; John de, 46
Canjjm, Ad. le, 122 ; Gund. le, 122 ;
Walt, le, 122
Campsea, Campesee, the prioress of,
79
Cantilupe, Will, de, 97
Capetot, Rog. de, 7
Cardinal, Thos., 39
Carebred, Will., 13
Caregrave, see Gargrave
Carlisle, Kardoil, the prior of, 63
Carlton, Karlton, 57, 63, 64, 121 ;
Rog. de, 17 ; Will, de, 83
Castley, Castelay, 24
Cateby, 63
Catelford, 95
Catheholm, 94
Catherton, Catterton, 82 ; Al. de, 82
Catton, Katton, Thos. de, 128
Catwick, Catwyk, 11 1
Caumpeden, Joan de, 133 ; Will, de,
133
Cave, Kave, Kava, 13, 15, 23, 31,
87 ; John de, 53, 87 ; Laur. de,
32 ; Maude de, 28, 30 ; Mich, de,
13 ; Rand, de, 28 ; Reyn. de, 28 ;
Rob. de, 28 ; Rog. de, 30 ; Will.
de, 28 ; Wim. de, 13
Caville, Cayvill, Will, de, 115
Cawood, Cawde, John de, 39
Cay ton, Kay ton, 113
Champion, Champyun, Agn. le, 69 ;
John le, 90, 138 ; Ric. le, 69
Chaumond, Chamund, Chaumum,
Calvo Monte, Gaceus de, 48, 65, 70
Chaun, Ad., 122 ; Walt., 122
Chauncy, Geoff, de, 113 ; John de,
122
Chelrey, Alice de, 63. 81 ; John de,
63,81
Chevet, Chyvet, 77 ; Gilb. de, 77 ;
Walt, de, 77
Chiboir, Ivo, 31
Chytte, John, 91
Clapham, Clapehamme, Alex, de, 9
Claudus, Emald, 36
Cleasby, Cleseby, Clessebi, 22 ; Ad.
de, 20 ; Alex, de, 22 ; Sarra de, 22
Clervaus, Eva de,68 ; John de, 54,78
Cleving, John de, 28 ; Malg. de, 28
INDEX.
149
Clewing, Hy. de, 105
Cliff, CUf, 94, 115, 121 ; El. de, 4 ;
Gerv. de, 49 ; Hugh de, 94, 115,
121 ; John de, 49, 80 ; Thos. de,
94, 115, 121 ; Walt, de, 49 ; Will.
de, 4 ; the reeve of, 80
Clifford, Al. de, 4 ; Rog. de, 4
Coatham, Cotham, Al. de, 83 ; John
de, 83
Cokefeud, Alice de, 70 ; Geoff, de, 70
Cokerington, John de, 80
Colbum, Colebrunn, Geoff, de, 35
Coleby, Is. de, 73
Coli, John, 42
CoUey, 129
Colman, Coleman, Hy., 69 ; Ric.,69 ;
Will., 91
Colton, 65, 70 ; John de,92 ; Ric.de,
123 ; Rob. de, 92 ; the wood of ,65
Coneysthorpe, Conyngesthorp, Cu-
ningestorp, 9, 76
Conisbrongh, Cunesburc, El. de, 4 ;
Viv. de, 4
Constable, Al., 2 ; Geoff., 2 ; Roald,
2 ; Will, the, 58, iii, 126
Cook, Cok, Hugh, 3, 12, 25 ; Maude,
99 ; Ric, 99, 125 ; Will, [the],
30, 80
Combrough, Corneburc, Will, de, 3
Coraeto, Gamel de, 115
Comham, Rob. de, 19
Cortman, Al., 65
Covenham, Will, de, 80
Crag, Hy., 33
Crakehall, Crachal, 2 ; Al. de, 39
Cranswick, Crauncewik, John de,i3i
Crappes, Hugh, 138
Craucombe, Godf. de, 19
Craven, Cravene, John de, 90
Craystok, Croystoc, see Graystok
Crepping, Rob. de, 97, 116
Crigglestone, Crygeleston, Hugh de,
73
Crinoo, Thos., 139
Croft, 20, 54 ; Ad., 105
Croft-on-Tees, 78
Crook-hall, Crocwell, Ad. de, 4 ;
Will, de, 4
Croom, Crou', Crohum, 112 ; Thos.
de, 13
Cromwellbottom, Crumbelbothum,
83
Crosby, Crosseby, 91 ; Hy. de, 92 ;
Will, de, 92
Cruel, Will, le, 65
Cryvok, Sim., 117 ; Thos., 117
Cudhou, Nic, 106, 124
Cudworth, Cotteworth, 103
CuUingworth, 97
Cumpeyne, Will, de, 123
Cupere, Emma le, 100 ; Reyn. le,
138
Cumey, Ric, 108
Curvays, Will., no
Cuverur, Geoff, le, 88
Cyselyur, Hugh le, 44
D
Daggingehal, Pet. de, 11
Dagon [?], Ric, 41
Daivill, Deyvill, Juliana, 73 ; Laur.
de, 33 ; Rog., 87 ; Will, de, 5
Bailing, Ralph, 91
Dalton, Dauton, 94, 124 ; Mich, de,
94 ; 01. de, J24 ; Thos. de, 94 ;
Will, de, 124
Dalton, South, Suthdalton, no
Daly, Thos., 13 ; Walt., 13
Danby, Daneby, Al. de, 79 ; Rog.
de, 36 ; Will, de, 36
Danyel, Will., 109
Darayns, de Areynes, Bern., 73
Dare], Dairel, Alice, 4 ; Hel., 4 ;
Harm., 59
David, Will., 38
Dene, Ralph de, 10
Denet, Ad. de, 35 ; Rog. de, 35
Despenser, Is. le, 67 ; John le, 90 ;
Will, le, 41, 67
Dickering, the wap. of, 26
Ditton, Morg. de, 124
Dod, Rob., 21
Dol, Rog. de, 67, 134
Doncaster, Dunum, i
Drax, the prior of, 46
Drewton, Dreuton, 94 ; Alex, de,
III ; John de, 32 ; Ric. de, 33 ;
Rob. de, in; Thos. de, no;
Will, de, in
Driffield, 14 ; Hugh de, 87
Drighlingon, Drythngton, 67
Droyer, Will., 105
Drury, Hugh, 105
Duffield, Duffeud, 49, 80 ; the
manor of, 96
Duggleby, Divelgebi, Rand, de, 28
Dunnington, Daninton, Doniton,
Duninton, 21, 55 ; Mich, de, 21
Dunsforth, Dunesford, Alice, de,
132 ; Rob. de, 132 ; Will, de, 132
Durham, Nic, bishop of, 49, 52, 80 ;
Phil., bishop of, 4
Dusing, Rob., 117, 138
150
INDEX.
Easby, Esebi, 2 ; Geoff, de, 35 ;
Rob. de, 2
Easthorpe, Yarpestrop, 8g
Eastrington, Estrington, iii j
Ebberston, Ebreston, Edbreston, I
23, 102, 127 ; Thos. de, 136 i
Eccleshill, Eccleshall, Rob. de, 68 !
Edingham, see Yedingham
Edlington, Edlinton, 4
Edston, Edeston, 92
Edward, Prince, gS '
Egleston, the abbat of, 4 ]
Elland, Heland, Hughde, 19 ; John i
de, 84
EUerby, Elferby, Nic. de, 45 1
Ellerker, Elreker, Den. de,32 ; Dion. 1
de, 53 ; Em. de, 53 ; Hugh, the
reeve of, 32
Ellerton, Elreton, 55 ; Ad. de, 59 ;
Eland, de, 59 ; the prior of, 46, 55, j
114, 125 ; Ralph de, 35 ; Sayve !
de, 126 ; Will, de, 126 ; Wymer
de, 53
Ellington, Thos. de, 94
Elmire, Elvetemere, 60
Elyas, Master, the Jew, 95
Emley, Emmeley, Hy. de, 60
Erghum, see Arram
Erthethorn, see Arrathorne
Eston, 44, 84 ; And. de, 93 ; Ben.
de, 93 ; John de, 60
Etherdwick, Ethereswic, Rob. de, 33
Etton, Eton, Ettun, Geoff, de, 3 ;
Thos. de, 28
Everingham, Ad. de, 121
Everley, Eversley, Ol. de, 124 ; Rog.
de, 119; Will, de, 119,120,124, 138
Evervyk, . . . randus de, 28
Exelby, Eskelby, 52, 91, 92 ; Bart.
de, 91 ; WiU. de, 53, 91
Eyr, Pet., 70
Eyvill, John de, 135
Faderles, Thos., 73
Fairbum, Farebum, 14 ; Rog. de,i23
Fairfax, Thos., 68
Falaise, Rob. de la, 42
Falsgrave, Whalesgrave, 126, 135 ;
John de, 126, 135, 138 ; Elc. de,
126, 135 ; Will, de, 100 ; the
manor of, 127
Fangfoss, Mart, de, 31
Farman, Fareman, Rog., 100, 118,
137. 139
Farlington, Ferlington, Hy. de, 106
Faucher, Am. le, 68
Fauconberg, Falconberg, Faucon-
berwe, Faucumberge, Pet.de, 48B;
Phil, de, 46, 48, 60, 63, 65 ; Walt.
de, 66, III
Faukun, Will., 73
Fearby, Fegerbi, Thos. de, 2
Fergus, Johii, 76
Ferur, Ferrur, Ric. le, 29 ; Rob.
le, 42
Feugers, John de, 131 ; Will, de, 96
Feure, Rob. le, 52
Fiihber, Fimere, Fimmer', 75 ; Rob.
de, 75 ; Rog. de, 75
Finch, Rog., in
Firby, Fritheby, 54 ; John de, 60 ;
Rob. de, 48, 123 ; Thos. de, 54
Fisclok, John de, 105
Fishlake, Fiskelake, 9, 55 ; Sim.de, 9
Fitling, Fitteling, Geoff, de, 40
Fitz-f eter, Geoff, de, 9, 18
Flamborough, Fleynesburgh, 73
Flanderwath, Ad. de, 77; Nic. de,77
Flanvill, Flaunvill, El. de, 58, 107
Flawith, Flathewath, 90 ; Agn. de,
51 ; Luke de, 51
Flinton, 122
Flixton, Flykeston, Thos. de, 90
Foggathorpe, Folkethorp, 80
Foghis, Ric, 105 ; Nic, 105
Folevill, Eust. de, 73
Folkingham, Rob. de, 53
Folkton, Folketon, Geoff, de, 117
FoUifoot, Folifait, 10
FoUithwaite, Fohflet, 83
Fontibus, Will, de, 115
Forester, Maude la, 56
Fom', Ric, 52
Fomebrug', 121
Forton, Gilb. de, 26
Fossard, Geoff., 1 ; Rob., 5 ; Thos.,
90
Foweleston, Rob. de, 79
Fox, Walt., 138, 139 ; WUl. the, log
Francigena, Maude, 20 ; Ralph, 20
Francus, Humph., 23
Franklin, Rob. the, 131
Fraunceys, John le, 92 ; Nic. le, 73 ;
Pet. le, 66 ; Ric. le, 121 ; Rog. le,
53 ; Walt, le, 102 ; Will, le, 102
Frebois, Will., 13 ; Ydon., 13
Fribus, Bea. de, 108 ; Rob. de, 108
Fridaythorpe, 95
Frismarsk, Frismareys, John de, 55
Fritheby, see Firby
Fulford, Walt, de, 60
Fumess, the abbat of, 47
INDEX.
151
Galeweye, Will, de, 137
Galopin, Rob., 30
Gamel, Ad., 138, 139
Gangstead, Gagrestede, Thos. de, 26
Ganton, Galmeton, Ric. de, 95 ; Rog.
de, 95 ; Will, de, 95
Gargrave, Garegrave, Saer de, 11 1,
126
Garriston, Gerdeston, Nic. de, 39
Garton, Rain, de, 31 ; Ric. de, 29;
Yvo de, 23
Gateforth, Gayteford, 57, 58 ; Ralph
de, 57
Gatenby, Gayteneby, 91
Gaugy, Av. de, 83 ; Will, de, 83
Gaunt, Gilb. de, 53, 87
Gege, Rob., 116, 138
Gerard, Will., 139
Gere, Geofif., 105
Gesemue, see Jesmond
Gilling, 3 ; Godf. de, 35 ; Thos. de,
35 ; the wap. of, 33
Gillocman, Walt., 91
Givendale, Ganedale, 15 ; Agn. de,
15 ; Haw. de, 15
Glede, Will., 55
Gleuman, Rob., 134
Gloucestre, Rob. de, 96
Godal, Rob., 49
Godeman, Hy., 108
Godrich [?], Al., 13
Godwine, Rob., 139 ; Walt., 137,
139
Goldeburg, Rain, de, 45
Goton, John de, 49
Gower, Gouer, Guwer, Alice, 63 ;
Rob., 63 ; Walt., 90
Goxhill, Gousle, Al. de, 26.; Fulc.
de, 26 ; Giles de, 58 ; John de,
64 ; Ric. de, 26 ; Step, de, 26
Grafton, 10
Granger, Will., 91
Gras, Al. le, 99
Grave, Rog. de, 72
Graystok, Craystok, Crestok, Croy-
stoc, Greystok, Agn. de, 47 ;
Ralph de, 6n ; Thos. de, 47, 92,
115 ; Will, de, 6n, 64, no
Grendal, Alice de, 87 ; Walt, de, 87
Grene, Grenn", Hugh, 32 ; John de
la, 138 ; Rog. dela, 95
Grenhurst, Clem, de, 83 ; Giles de,
83
Gresse, Reyn., 139
Grey, Walt, de, 97, 116, 121
Greynby, Will, de, 44
Grimston, Grimeston, 25 ; Will, de,
124
Grunall, Thos. de, 26
Grymet, Rog., 83
Guisbrough, Giseburgh, the prior of,
44
Guiseley, Giseley, 81
Gunneby, Thos. de, 80
Gutheraundham, Ric. de, 105
Gyllot, Pet., 114
H
Hacekarl, Ric, 90
Hackforth, Ackeford, Jord. de, 40
Haget, Aget, Ahce, 122 ; Gundria,
85 ; Rob., 85 ; Step., iii ; Walt.,
Hagthorpe, Hakethorp, 49 ; Rob.
de, 80
Hagwurthingham, Agn. de, 65 ;
John de, 65
Haldan, Halden, John, 1J7, 135 ;
Rog., 119 ; Thos., 119, 139
Hales, Marg. de, 70 ; Nic. de, 70 ;
Rob. de, 70
Haliweres, 33
Halsham, East, in, 126; West,
III, 126
Halteby, see Holtby
Hameldun, Walt, de, 42
Hamelek, see Helmsley
Hamelin, Hy., 43
Hamerton, John de, 60
Hampole, the prioress of, 19
Hang, the wap. of, 38
Hardelok, John, 98
Harden, Hadelton, 97
Harding, Ric, 4
Hare, Ad., 105
Harehen, Ric. de, 94
Harengel, Hareng, Will., 3, 7, 12
Harlthorpe, Herlethorp, Hy. de,
126 ; Rob. de, 126
Harmby, Herneby, Ralph de, 43
Harpham, Harphram, Ric. de, 113
Harswell, Hersewell, the church of,
112; the manor of, 112
Hartforth, Hereford, Wigan de, 36
Harthill, Hertle, Hurtle, the wap.
of, 28, 30
Hasting, Nic. de, 91
Hatfield, Heytfeud, Step, de, 48
Haumelay, Rob. de, 92 ; Will, de, 92
Haussam, Rob. de, 26
Hauxwell, Haukeswell, Alex, de, 107
Haverang, see Averenches
Haverholm, Heraverol, the prior of.
152
INDEX.
Paworth, Hawurth, 70
Hawkswortb, Heuekeswurth, Walt.
de, 64
Hay, Haye, German, 55, 134 ; Hy.,
55; John [de], 46, 55, 64, 68;
Pet. de pa], 60, 123 ; Ric. de [la],
28, 121 ; Thos., 5 ; Will, de, 42
Hayton, Haitun, no ; Thos. de,
58 ; Thos., the clerk of, 30
Healaugh Park, Helawe Park, the
prior of, 58, 82, 106, 124
Heaton, Heton, 77
Hedon, Hedun, the vill of, 27
Hedon-on-Ayr, John de, 82 ; the
mill of, 82
Hekinton, 16
Heland, see EUand
Helewis, Serlo, 105
Helme, Geoff, de, 62 ; Will, de, 62
Helmsley, Hamelek, Helmele, 65
Helperthorpe, 14 ; Ric. de, 14 ;
Rob. de, 14, 137, 138
Helton, Alice de, 80
Hemingbrough, Hemmingburg,Agn.
de, 83 ; Haldane de, 42 ; Hy.
de, 42 ; Thos. de, 83
Hep, see Shap
Herdeslawe, see Ardsley
Here, Jord., 134
Heslerton, Heselereton, 13 ; (West),
99 ; Thos. de, 99
Heslington, 38
Hessle, Hesill, Hisale, the manor of,
6 ; Hugh de, 30
Heyrun, Will., 109
nickeling, Walt, de, 33
Hide, Rog. de, 73
Hilderthorpe, 102 ; Hy. de, 102 ;
Ric. de, 102
Hilton, Ad. de, 43, 84
Hinderskelfe, Hilderischef, Hilders-
kelf, 37 ; Hugli de, 122 ; Rob.
de, 122
Hog, Pet., 25 ; Walt., 91 ; Will., 25
Hoirum, Ric, 27
Hoker, Will., 139
Holderness, Heuderness, 122 ; the
liberty of, 74 ; the wap. of, 25
Holme, Hulme, 30, 44, 56, 86 ; Geoff.
de, 29, 73 ; John, the parson of,
44 ; Will, de, 46 ; the church of,
86
Holtal, Ad. de, 70 ; Dion, de, 70
Holtby, Halteby, Holdebi.Houteby,
Ric. de, 36 ; Will, de, 60, 123
Hooton, Pagnell, 3, 5, 7, 23, 24, 25
Hoppere, Ralph le, 62
Hopperton, Opeton, El. de, 10
Horbury, Hordbir', Agn. de, 5 ;
Jord. de, 5 ; Thos. de, 60, 104
Hore, Will, de, 27
Hornby, Hemeby, Ric. de, 73
Hornsea, Homes, Will, de, 27, 72
Horsenden, Will, de, 99
Horsforth, 11
Hospital of Jerusalem, 2 ; the
Brethren of the, 13, 28
Hotham, Hothum, Rob. de, 56
Houghton, Houeton, 61 ; Thos. de,
61, 105
Howden, Houeden, 30, 49, 69 ;
Gamell de, 30 ; Hawise de, 30 ;
the bailiff of, 80
Hoyland, Ralph de, 13 ; Rob. de, 60
Hubert, John, 86
Huby, Hoby, Nic. de, 45
Huddleston, Hudelston, GUb. de, 124
Hudswell, Hutteswell, 2
Hull, Rob. del, 90
Humping, Will., 26
Hunderthwaite, Hugh de, 35 ; Rob.
de, 35
Hunmanby, Hundemaneby, 87 ;
Bern, de, 117
Hunter, Ev., 105 ; Thos., 105
Hunton, 107 ; Sygerith de, 94, 107 ;
Thos. de, 94, 107
Hupshet, Ad., 138
Hurtevent, Will, de, 4
Hutred, Uctred, Ad., 100, 117 ; Reg.,
100, loi, 102, 117, 126, 135-139 ;
Thos., 100, 118
Hutton, Hoton, Hotun, Ad. de, 12 ;
Gikell de, 36 ; Isabel de, 51 ;
Ralph de, 51 ; Warin de, 36
Hutton-Bonville, Hothon, 124
Hutton-in-the-Hole, Hegehoton, 24
Hutton-upon-Derwent, Hotone Col-
sweyn, 51 ; Al. of, 51 ; John of, 51
I
Ingram, Ingeram, Rob., 138, 139
Insula, Jord. de, 25 ; Norm, de, 5
loneby, Thos. de, 107, 127
Jarpeville, Will, de, 33
Jesmond, Gesemue, Jesemue, Ad.
de, 97, 99
Jews, the Exchequer of, 88
Junum [?], Will, de, 34K
Jurd', Walt., 25
INDEX.
153
K
Karlton, see Carlton
Kave, Kava, see Cave
Kayn, John de, 123
Kayl, Will.. 79
Kavton, see Cayton
Kech, Will., 49
Keighley, Kikel', 11
Kepwick, 124
Kere, Will, del, 77
Kereby, Kariby, Rob. de, 65, 128
Keu, Walt, 26
Kildale, 55 ; Will, de Percy of, 121
Kildwick, Killingwike, Ivo. de, 121 ;
Percy, 122 ; Will, de, 121
Kilham, Killum, the vill of, 27
Kilnwick, Killingwik, 128 ; Brian
de, 128
Kilpin, 6g
Kilvington, North, Kilventon, 5
Kime, Al. de, 87
Kinch, Reyn., 91 ; Will., 90
King, Pet, 41 ; Rog., 138 ; Will., 116
Kipperkarl, Rob., 41
Kippese, Ad. de, 65
Kirkby, Kirkebi, Ad. de, 34 ; Agn.
de, 100 ; Al. de, 34 ; Eudode, 100,
117, 138, 139 ; Step. de,iio ; Thos.
de, no ; Thos. the forester of, 36 ;
Will, de, 131
Kirkebowelton, 43
Kirkesandrik, 70
Kirkham, Al. de, 66 ; the prior of,
79. 95
Kirkman, Kyrkeman, Rog., 105
Kirkoswald,Chircosward, the manor
of, 6
Kirkstall, Kyrkestall, Al. de, 53 ;
the abbat of, 3, 11, 53
Knapton, 50
Knaresborough, Gnaresburc, 20
Kyme, Phil, de, 43«
Kypping, Will., 105
Labere, Rob. de, 42
Lacy, Lascy, Alice de, 95, 133 ;
Edm. de, 95, 133 ; Hugh de, 57
Lagan, John, 138
Lancaster, Will, de, 6«
Langthome, 60 ; Al. de, no ; And.
de, no
Langthorpe, Lambethorp, Layu-
thorp. Will, de, 69 ; Wim. de, 25
Langthwaite, Langethwayt.Will. de,
60
Langton, Langeton, 112
Lascelles, Lacel, Lascell, Alex, de,
39 ; Maude de, 79, 83, 86 ; Picot
de, 79, 86 ; Rob. de, 60, 94, 123 ;
Rog. de, 83 ; Will, de, 74, 80, 83,
99, 115
Latimer, Latymer, Will, le, 109,131
Laxton, Laxinton, Will, de, 69
Layerton, Leyerton, Leyrton, 81 ;
Hy. de, 59, 81 ; Will, de, 81
Laytham, Lathum, Lythum, 125,
126 ; Ad. de, 128 ; Agn. de, 31 ;
Al. de, 121 ; Rob. de, 31 ; Will.
de, 75
Lazenby, Laysingby, Lesingeby,
III ; Alice de, in ; Johnde, in ;
Rob. de, 24
Lazonby , Lesingebi , the manor of, 6
Lead, Ledde, Walt, de, 92
Ledsham, Ad. the frank of, 65
Ledstone, Ledestone, 65
Leeds, Ledes, Ledis, Ric. de, 77 ;
Rog. de, 108
Leicester, the roll of, 60
Legistre, Agn. la, 70 ; Maude la, 70 ;
Ric. le, 71
Lek, Al. de, 123
Lelley Dike, Le Dike, 122 ; Pet. of,
122 ; Walt, of, 122, 123 ; Uct.
of, 123
Lendebodhurst, Reyn. de, 84
Lengeby, Lengesby, see Slingsby
Leven, Levene, no; Will, de, 92,
115
Levisham, Levesham, Ralph de, 136
Lewalur, Rog., 9
Leyard, John, 105
Leyburn, Laibrunn, Layburn, 73 ;
Ric. de, 39
Leye, Rog. de la, 59
Lichfield, 19
Lillecok, Will., 96
Lilleman, Ad., 134
Lining, Paul de, 75 ; Sim. de, 75, 123
Limberg, John de, 117
Lincoln, Brother Will, of, 80
Lindberg, Reyn. de, 139
Lindley, Lindele, Siw. de, 17
Ling, John, 91
Linthwaite, Lingwayt, Ric. de, 73
Linton, Pet. de, 55 ; Rog. de, 126 ;
Will, de, 60, 64
Livet, Will, de, 4
Lockington, Lokington, Lokinton,
70, 97, no, 128 ; Hugh de, 70 ;
Pet. de, 28 ; Ralph de, 70, 138
Lockton, Locton, Ralph de, 113
Loggey, Mart, 68
London, 95, 96
Lonsdale, Lounisdale, 7, 34 ; Ralph
de, 108
154
INDEX.
Loreng, Loereng, Sim. le, 3, 12
Lorimer, Ric. le, 73 ; Rob. le, 68
Louvaine, Luveyne, Math, de, 58
Lovel, Will., 62, 128
Loversall, Livershale, Lyvereshale,
63 ; Will, de, 63
Lowthorpe, Louthorp, Pet. de, 71 ;
Walt, de, 71
Ludham, G. de, 131
Lunberewe, Thos. de, loi ; Will.
de, loi
Lund, Lunde, Lundun, 16 ; Alice
de la, 57 ; Amebraunk de, 49 ;
Gwido de la, 57 ; Peter de, 49 ;
Step, de, 68 ; Thos. de, 49 ; the
parson of, 113
Lung, Ric. le, 69
Lungespe, John. 124
Lutrel, Luterel, Frethcsent, 3, 5, 7,
12, 19, 23, 24, 25 ; Geoff., 3, 5,
12. 19, 23, 24, 25
Lutton, Will, de, 117
Lyncombe, Lincumbe, 17
M
Macegre, Hy. le, 118
Magnus, Ric, 25
Main, Rob., 34
Malbis, Malebisse, Ric, i ; Will. 53 I
Malecake, MalekaJce, Ad., 2 ; AI., j
2, 40, 41, 43 ; Alice, 107, 127 ; i
Hugh, 2 ; Will., 70, 107, 127
Malet, Rob., 19 ;
Malton, Mialton, 88, 103, 133 ; '
Matt, de, 134 ; the prior of, 5,
46, 78
Malvais, Auger, 31 \
Manievileyn, Joan, 127 ; Rob., 127
Mappleton, Mapelton, Mapiltun,
John the clerk of , 25 ; Ralph de,27
Marfleet, Merflet, Ad. de, 133 ; Lucy
de, 133 ; Orfamina de, 133 ; Sib.
de, 133
Market Weigh ton, Whigheton, 131
Marmion, Marmyun, Avice, 59,69,87
Marr, Mar, 79 ; Hugh de, 79 ; Thos.
de, 79 ; Walt, de, 79
Marshal, Walt, the, in ; Will, the,
III
Marsham, Rob. de, 69
Marston, Merston, Thos. de, 83, 123 ;
Will, de, 83, 123
Marton, 103 ; Luke de, 38 ; Master
Nic of. III ; Pet. de, 38 ; Will
de, 114 ; the prior of, 56
Masham, Massam, Masseham, 121 ;
Iseult de, 92 ; the church of, 121
Mauleverer, Geoff., 106
Mauley, Pet. de, 49, 79, 1 10
Maulovel, Rob., 91 ; Step., 91
Maunby, Magnebi, Manegeb', Ad.
de, 34 ; And. de, 33, 35. 36 :
Hugh de, 36
Maundevill, Marg., 78 ; Will., 78
Maunsel, Is., 63 ; John, 45, no;
Ric, 45
Mazun, Jas. le, 128 ; Walt, le, 65 ;
Will, le, 65
Meaux, Melsa, Godf. de, 126 ; Pet.
de, 83 ; the abbat of, 87, 88, 107
Meinell, Menyll, Meynill, Step, de,
44, 63, 64, 90, 135
Mellers', Ric. de, 4
Melton, Geoff, de, 55 ; John de, 55
Meltonby, Ralph de, no ; Rob. de,
no
Menston, Eleanor de, 64 ; Mich, de,
64
Mentur, Geoff, le, 52
Mercer, Ad. the, 108 ; Greg, the,
138; Hy. the, 117; Ralph the,
136
Merton, Agn. de, 49 ; John de, 49
Messager, Rob. le, 56
Mewich, Mewid, the forest of, 8
Meynevill, Thos. de, 86
Mickleby, Mikelby, 45
Micklefield, Mikelesfeld, Mukelfeld,
Bea. de, 4 ; Walt, de, 4, 56
Micklegat, John de, 41
Middleton, 6 ; Alex, de, 25 ; Avice
de, 6 ; Gamelin de, 29, no ; Gilb.
de, 6 ; Hy. de, 34 ; Pet. de, 121 ;
Rob. de, 30, 121 ; Rog. de, 6 ;
Will, de, 29, no
Mlkelbrink, Hugh de, 19
Milby, Mildebi, Herb, de, 20
Milford, Mileford, John de, 123 ;
Phil, de, 123
Minckesman, Muhkeman, John the,
137
Mittayn, Will., 68
Mitton, Miton, Ralph de, 107, 115
Modipas, Geoff., 102
Moisquid, 17
Mone, Rob., 107
Monkton, Muneketon,Munkiton,i2 ;
John de, 137
Montalt, Sim. de, 53
Moor, Alice of the, 53 ; Ric. of the,
53. 60
Mordon, Rog. de, 62
Moreby, Morbi, 41
Morlay [?], Hugh de, 4
Mortham, 34 ; Al. de, 34 ; John de,
34»
Morthinges, Will, de, 4
Morvill, Hugh de, 6
INDEX.
155
Mosse, Master, the Jew, 96
Mowbray, Mobrai, Mubray, Will, de,
7. 44
Moyne, Reyn. le, 92 ; Will, le, 58
Muketon, see Nun Monkton
Mulgrave, Welond de, 79
Multon, Moleton, Thos. de, 47
Mumbray, Will, de, 99
Munceus, Ric. de, 45
Mundider, Will, de, 68
Mungyebi, Pet., 28
Munjoye, Will., 96
Munkebi, Will, de, 37
Munning, Rog., go
Munteny, Rob. de, 129
Murdac, Ad., 40 ; Hugh, 20, 40
Mustard, Rog., 108
Mutum, Will., 128
Myrden, Matt, 117
N
Naburn, 98 ; Gerv. de, 98 ; Giles
de, 98 ; Hy. de, 98 ; Sim. de, 41
Nafferton, Rog. de, 124
Nedder, Will, 93
Neucomen, Neucomey, Ad. [le], 92,
115 ; Rog., 91
Nevill, Hugh de, 38 ; Jollan de, 67 ;
Ric. de, 138
Newbald, Neubold, Thos. de, 56
Newburgh, Novo Burgo, the prior
of, 25
Newby, Neubi, Newebi, Ric. de,
36 ; Sim. de, 3, 12
Newcastle, Novo Castro, Rog. of, 58
Newenton, John de, 99
Newhall, Niwela, Sim. de, 23
Newhay, 46
Newmarch, Novo Mercato, Ad. de,
65, 70 ; Hy. de, 7n
Newsham, Neusum, 33, 94 ; Ad. de,
60 ; Geoff, de, 134 ; Rob. de, 122
Newton, Nieweton, John de, 138 ;
Ric. de, 6
Neyr(e), Hugh le, 49 ; Hy. le, 49 ;
Maude la, 48
Noon, Walt., 138
Norham, Emm. de, 57 ; Hy. de, 57
Norman, Neil, 36
Normauby, Normannebi, John de,
44 ; Ralph de, 38
Normand, Eliz. le, 109 ; Ric. le, 109
Normanton, 105 ; Hy. de, 105 ; the
church of, 95
Normanvill, Ralph de, 2, 60
Norreys, John le, 94 ; Rob. le, 131
Northorp, Rob. de, 26
Northyby, Thos. de, .125, 126 ; Will.
de, 125
Norton, Nortun, 36, 58 ; Dolf. de,
36
Norwic, Alex, de, 55
Nostell, St. Oswald, tlie prior of,
19, 60
Nosterfleld, Nostrefeld, Anabel de, i
Notton, Nocton, the reeve of, 109
Nun Appleton, Apelton, 46
Nunburnholme, Brunum, no ; Hy.
de, I ; Step, de, 14
Nun Monkton, Munketon, 74
Nunnewik, Rob. de, 57
Nuscap, II
Nuttles, Nutle, John de, 66
O
Oarhunel, Hyllaria, 83 ; Ralph, 83
Octon, Oketon, John de, 27, 29, 130
Opeton, see Hopperton
Ormesby, Ralph de, 39
Orre, Ric. de, 79
Osgodby, Angotebi, Osgoteby, 41,
83 ; Emm. de, 41 ; Hy. de, 42 ;
Osb. de, 42 ; Will, de, 41
Otewel, Ric, 138
Otterington, Otrinton, Hugh de,iio
Ottringham, Oteringham,ii5 ; Mart.
de, 113 ; Ric. de, 115
Ouse, Use, the water of, 41, 42
Ouse and Derwent, the wap. of, 40
Owstwick, Ostwyk, Step, de, 67 ;
see also Austwick
Owsthorpe, Odestorp, Thos. de, 45
Oxhaye, Will, de, 59
Oxspring, Oxprig', Ric. de, 109
Pa, Rob., 100, 117
Painel, Frethesent, ^(see also Lutrel) ;
Isa., 7, 19, 23, 24, 25 ; Win., 7
Palefreur, Ric. le, 136
Pallethorpe, 43»
Palmer, Will., 13
Panhorn, Pet., 66
Parcok, Rob., 56
Parker, Parcur, Gilb., 38 ; Step, le,
26
Patres, Hy., 105
Pavy, Will., 77
Paxton, Ric. de, 120, 139
Payn, John, 67 ; Ric, 67
Percy, Adelis de, low ; Aub. de, 79 ;
Elena de, 137 ; Pet. de, 79, 103,
108 ; Ric. de, 17 ; Will, de, 55,
III, 121
Perham, Rob. de, 39
Perunder, Luke, 91
156
INDEX.
Peterborough, the abbat of, 122
Petit, John, 75
Peytevin, Rog. le, 95, 133
Pic, Pet., 37
Picheford, Will, de, 139
Pickering, Pekering, 2, 127 ; Brother
John de, 46 ; Sir Reyn. de, 91 ;
Rob. de, 136 ; Walt, de, 67, 73,
99, 123, 136 ; the vill of, 38 ;
the custom of the vill of, 2 ; the
hundred court of, 103 ; the wap.
of, 126
Pickering Lythe, the wap. of, 37
Pickhill, Pikehal, Pykehal, 50 ;
Joan de, 50 ; John de, 50 ; Lucy
de, 50 ; Will, de, 34
Pictavensis, Rob., 23 ; Rog., 23
Picton, Pickton, Will, de, 44
Pike, Pik", Rog. de, 70 ; Sim. de,
70 ; Walt, de, 70 ; Will, de, 70
Pikot, Pycot, Brian, 83 ; Geoff., 121
Pilkebene, Rog., 47
Pilve, Will., 47
Pincun, Hy . , 56 ; Laurencia, 56 ;
Rob., 26 ; Will., 26
Piper, Will., 69
Plumpton, Ad. de, 130 ; Elena de,
130 ; Gilb. de, 39
Pockley, Pockeley, the reeve of, 88
Pocklington, Pokelinton, 22 ; Ralph
de, 31 ; Remigius de, 55 ; Will.
de, 31
Pockthorpe, Pokethorp, 71 ; Lamb.
de, 71
Pode, Thos., 69
Poitiers, Phil, de, 4n
Pomeray, Pomeria, Pumeria, John
de la, 83 ; Sampson de la, 42
Pontefract, 47, 60, 82 ; El. de, 98 ;
Hugh de, 108 ; John the chamber-
lain of, 47 ; Rob. de, 108 ; Will.
de, 98 ; the Castle of, 47 ; the
prior of, 65
Ponteyse, Ad. de, 79
Popedy, Thos., 105
Porteus [?], Ric, 25
Post, Alice, 95 ; Will., 95
Potto, Pothow, John de, 44
Prest, John, 91
Preston, 122, 127, 137 ; Gilb. de,
39 ; Hamo de, 38 ; Hy. de, 96 ;
Laur. de, 39 ; Mary de, 96 ;
Nichola de, 73 ; Pet. de, 73 ;
Sim. de, no
Priket, Ralph, 117, 139
Prudfot, Ric, 82 ; Walt., 41
Puiset, Hugh de, io»
Purcell, Ralph, 4
Puteac', Hy. de, 10
Pympay, Jord., 137
Queldric, see Wheldrake
Queninton, Thos. de, 17
Rademor, Ric. de, 62 ; Rob. de, 62
Ragheleng, Ralph, 117; Rog., 117
Ramkil, Ranckil, Will., 19, 20
Rand, Pet. de, 94
Rat, Rob., 10
Rawden, Rudon, Ruedon, 78 ; Joan
de, 106, 124 ; Ric. de, 106, 124
Raynbald, Will., 120
Redye, Rob. [le], 119, 138
Reed, Rob., 52 ; Will., 52
Reedness, 92
Reeth, Rythe, Ad. de, 107 ; Step.
de, 107
Reng, Ad., 108
Reslon [?], Geoff, de, 15
Resun, Reysun, Ad., 80; Walt.,
49, 80
Revil [?], Walt., 27
RiccaJl, Rykhal, Hy. de, 75 ; Reyn.
the reeve of, 75 ; Rog. de, 75 ;
Will, de, 49
Riche, John de, 121
Richmond, Richemund, 121 ; the
township of, 37 ; the verdict of,
37 ; the wap. of, 35 ; Rog. de,
35 ; Simath de, 35
Rider, John le, 30
Rievaulx, Rivall, Ryvalle, the abbat
of, 23, 88, 97, 99, 101, 113, 134
Rigton, Ricton.Ryghton, 70 ; Ralph
de, 70 ; Ric. de, 19, 70
Rillington, Will, de, 139
Rilstone, Rilleston, Eust. de, 60
Ripariis, Ric. de, 61 ; Rob. de, 63
Riplingham, Ryplinghara, 32 ; Ad.
de, 106
Ripon, Rypum, 132 ; Matt, de, 66 ;
And. de, 115
Rishworth, Rissewude, 83 ; El. de,
77, 83 ; Will, de, 77
Roche, the abbat of, 77 ; Sim. de la,
69
Roches, Peter des, 19
Rockingham, Rokingham, Rob. de,5
Rodham, Yvo de, 23
Rokeby, Rob. de, 34
Rokesburg, John de, 42
Romejm, Walt, le, 138
Roos, Ros, Russe, 27 ; Martin de,
27 ; Pet. de, 88, 105 ; Will, de,
61, 65
Rosedale, Reythesdale, Rog. de, 137
INDEX.
157
Roseles, Will, de, 137, 138
Rothwell, Alex, de, 95
Rotsea, Rottese, Geoff, de, 29 ;
Walt, de, 29
Rouen, the Abp. of, 27
Rounton, Rungeton, Hy. de, m ;
John de, 123 ; Nig. de, iii ; Sim.
de. III ; Will, de, iii
Rousby, Rouceby, 65 ; Walt, de, 65
Routh, Rue, Marg. de, iii ; Thos.
de. III ; Will, de, 27
Rowall, Rohal, Sim. de, 12
Rowley, Ruelai, the parson of, 30
Rowlston, Rolleston, Nic. de, 99
Rowton, Rughton, Ruton, Laur. de,
66, 67, 134 ; Ric. de, 96, 134
Roxby, Rokysby, 50
Roynges, Rob. de, 99
Rudstone, Ruddesteyn, 108
Ruffus, Rob., 17
Rugemund, Gilb. de, 91, 92
Rugg, Jordan de, 32
Ruggeden, Rob. de, 124
Rumald, the wood of, 38
Rumblesmor, 97
Rundehaye, Richer de la, 133
Rungeters, Alan de, 47
Rus, Alan le, 71, 72
Russell, Russel, John, 128 ; Rob.,
52 ; Will., 122
Ruston, Roston, Ad. de, 44, loi,
116, 117, 119, 126, 135-139;
Juliana de, 44 ; Ralph de, 136 ;
Rob. de, ,37, 113, 117, 137, 138;
Sim. de, 139 ; Will, de, 37
Ruswick, Risewic, 2
Ryedale, Rydal, Cass, de, 43 ; Geoff.
de, 43 ; Rog. de, 43 ; Will, de, 128
Saer, Ric. le, 28
Sage, Rob. [le], 117, 138, 139
St. James, Al. of, 94, 115 ; Marg. of,
94, 121 ; Nic. of, 122, 126 ; Will.
of, 30, 94
St. Martin, Will, of, 29
St. Mary, Ad. of, 19 ; Nichola of, 85
St. Oswald, see Nostell
St. Peter, the liberty of, 75
St. Quinfiii, Herb, de, 27
St. Stephen, the prioress of, 6
Salter, Rob., 139
Salvayn, Selveyn, Gerard, 47, 66,
112, 128, 133 ; Joan, 47, 66, 128,
133 ; Rob., 112, 133 ; Will., 28,
66
Sampson, Ad., 122 ; Hy., 120
Sancton, Santon, 5, 16 ; Al. de, 5
Sandford, Dion, de, 63 ; Thos. de,
63 ; Will, de, 63
Sauvage, Walt., 108
Savile, Seyvill, John de, 60
Savoy, Sabaudia, Alice de, 94 ; Pet.
de, 94, 134
Sawcock, Salcoke, Walt, de, 124 ;
Will, de, 124
Sawdon, Saldene, Ralph de, 44 ;
Will, de, 44
Saxton, 95 ; the manor of, 95, 133
Scagglethorpe, Scakerthorp, 3, 15
Scalby, Scalleby, Bart, de, 136 ; the
forest of, 136, 137 ; Nic. the
forester of, 136 ; the verderers of
the forest of, 136
Scarborough, Escardeburg, Scarthe-
burg, 97, 99, TOO, loi, 1 16-120,
135-139 ; Alan the clerk of, 37 ;
the borough of, 127 ; the port of,
lOI
Scarf, John, 106
Scargill, Scargile, Warin de, 94
Scawsby,Scaucebi,i07; Hugh de, 19
Scharp, Hy., 105
Schirning, Step., 105
Schoch, Rob., 105 ; Will., 105
Scholes, Rog. de, 134
Scot, Rog. le, 21 ; Will., 21
Scotney, Scoteney, Cecilv, 48« ;
Will., 48
Scotton, Ketel de, 10 ; Will, de, 10
Scouenesby, Will, de, 73
Scrafton, John de, 107
Scripton, Ric, 11 ; Wimarc, 11
Sculebrige, 27
Seamer, Semare, 138 ; Ad. de, 138 ;
Hugh de, 138 ; Thos. de, 138
Seaton, Seton, 126
Sedbergh, 8
Selby, Seleby, 56 ; John de, 75 ;
Jord. de, 115 ; theabbatof, 56, 57
Seler, Samson le, 19
Seley, Gilb., 72
Semplingham, the order of, 128
Shap, Hep, the abbat of, 80
Shepel", Matt, de, 45
Sherbum, Shyrebum, 13, 14, 71 ;
Hugh de, 14 ; James de, 14 ;
John de, 13 ; Maude de, 14 ; Ric.
de, 13 ; Rog. de, 13
Shipton, Shupton, 57, 131 ; Ad. de,
135- 138, 139
Shirlok, John, 54
Shitlington, Schilenton, 23
Sildon, Hy. de, 39
Silton, I
Sinningthwaite, Sinythethweyt, Eu-
femia the prioress of, 85 ; Sapien-
cia the prioress of, 85
158
INDEX.
Sipwell, Rob. de, 138
Siun [?], 26
Skelton, Schelton, 108 ; Master
John de, 108 ; Pet. de, 108
Skewsby, Scouresby, Step, de, 60
Skiplam, Skipnum, 88
Skipsea, Ketell de, 26 ; Rob. de, 26 ;
Walt, de, 26
Skipwith, Skypewhyt, 52, 76, 87 ;
Will, de, 52, 60
Skiren, 107
Skirlaugh, Skirlawe, 66, 67
Skutard, Ad., 52
Sleden, Ralph de, 139
Slingsby, Lengeby, Lengesby, Slen-
gesby, 46, 76, 122 ; John de, no,
117, 139 ; Maude de, 117
Smeaton, Smitheton, Jukel de, 5 ;
Rob. de, 124 ; Thos. de, 124
Snainton, Sneinton, Sneyton, 6, 44
Snoder, Will., 38
Sowerby, Soureby, Step, de, 124 ;
Walt, de, 13
Spaldington, Rob. de, 5
Spenser, Spencer, Ad., 76 ; Rob., 105
Sperling, Will., 139
Spicer, Hy. le, 138
Spileman, Swayn, 4
Spofforth, Spofford, 130
Spotothebrowe, John, 117
Spridi, Thos., 79
Sproxton, Sim. de, 78
Stacy, Ev., 119, 120, 139
Stage, Step., 105
Staikbutter, Alice, 31 ; Will., 31
Stainfeld, the moor of, 38
Stainforth, Steynford, Hugh de, 55
Stapleton, 103 ; John de, 104 ; Kath.
de, 103 ; Nic. de, 33, 34 ; Rob.
de, 104 ; Sibil de, 103 ; Will, de,
103
Starre, Will., 49, 80
Startforth, Stretford, 108
Staveley, Stavelai, Ad. de, 7
Staveme, Marg. de, 71, 72 ; Rob.
de,.7i, 72, 80
Stearsby, Steresby, Ric. de, 61 ;
Rog. de, 61 ; Will, de, 61
Steeton, Stiveton, 65 ; Ric. de, 65
Sterin, Serlo, 105
Stillingfleet, Stivelingflet, Step.de, 41
Stob, Rob., 90 ; Rog., 90
Stokes, Will, de, 19
Stokesley, Stokesle, Mich, de, 64 ;
Will, de, 46
Stonegrave, Steynegrive, Sim. de, 46
Strenlegger, Ad. le, 137 ; Nic. le, 137
Strensall, Streneshal, Ralph de, 78
Stubbs, Stubbes, Alex, de, 63, 79 ;
Emm. de, 63
Sturdy, Rog., 68
Stute [?1, Hugh, 42
Stutevill, Agn. de, 123 ; Hel. de, 6 ;
Hy. de, 123 ; Rob. de, 6«, 31, 66,
133 ; Sim. de, 25 ; Will, de, 9
Sunt, Rob., 13
Surdevall, John de, 99, 134
Surrays, Surreis, Hugh le, 26 ; John
le, 97 ; Rob. le, 97
SuthuU, John de, 63
Sutton, Sothon, 65, no; Rob. de,
105 ; Saer de, 96 ; Will, de, 10,
105
Suwell, Rob. de, 120
Swavthorpe, Swanesthorp, John de,
I £7
Swevere, Will., 105
Swift, Ralph, 68
Swiller, Geoff, le, 136
Swine, Swyne, Hugh de, 134 ;
Will., 91
Tadcaster, Tatecastr', the Master
of, 123
Takel, Thos., 28
Tameitun, Will, de, 29
Tanfield, Tanefeld, i ; Gemagande,
I
Tankerley, Ric. de, 60
Tannester, Thos. de, 5
Tansteme, Tanestem, Nic. de, no ;
Thos. de, 56, no ; Will, de, no
Taury, Hy., 137 ; Rog., 137
Tempest, Ric, 60
Templar, the Knights, 5 ; the
Master of the Knights, 46, 59
Teteneye, Rob. de, 79
Thirsk, Tresc, 6, 24
Thorley, Rob. de, 83
Thomer, Thomore, the parson of, 46
Thomey, Thorny, Geoff, de, 60 ;
Rob. de, 48, 69, 82, 107 ; Thos.
de, 107
Thornton, Tometon, 10, 90, 105 ;
Anketil de, 49, 80 ; John de, 65,
120, 139 ; Juliana de, 65 ; Peter
de, 65 ; Ralph de, 99 ; Rog. de,
2, 60 ; Thos. de, 51, 105 ; Will.
de, no ; the abbat of, 80, 122
Thornton Rust, Thos. de, 121
Thorpe, Torp, 52, 53, 54, 68 ;
Constance de, 70 ; Hawise de, 87 ;
Helewise de, 52, 54 ; Hy. de, 50 ;
Herb, de, 70 ; Horm de, 10 ; John
de, 70, 95 ; Reyn. de, 29, gi ;
Ric. de, 10 ; Walt, de, 34n
Thorpkine, Hy. de, 43
INDEX.
159
Thuche, Will la, 83
Thume, Will., 128
Thurgoland, Thurg'lond, log ;
Gerard de, 109
Thurkelby, Rog. de, 43, 55, 71, 84,
87, 96, 123, 130 ; Walt, de, 44, 96
Thwing, Tueng, Marm. de, 29 ;
Thos. de, 138 ; Will, de, 40
Tickhill, Tikehul, Gilb. de, 30
Tilli, Ralph de, 23
Tillingwik, Nic. de, 125
Timberholm, 11
Tocketts, Tofcotes, John de, 59
Tockwith, Tokwik, Tokwyth, 12,
132 ; Ralph de, 58 ; Thos. de, 58
ToUere, Will, le, 73
Tolthoipe, Tholthorpe, 121
Toske, Thos., 105
Totty, Adam, 91
Towton, Toueton, 95 ; the manor of,
95
Toxton, Gernagot de, 38
Tracy, Will, de, 76
TraiUiondey, Rob., 76
Tranby, Phil, de, 27
Travers, Warin, 34 ; Will., 33
Treeton, Treton, 9
Trehamton, Ric. de, 35
Trelly, John de, 83
Trenchemer, Step., 136, 137
Trussebut, Elaria, 10
Tunstall, Tunstal, Reyn. de, 135 ;
Rog. de, I
Tupe, Will., 138
Turuham, Rob. de, 42, 128
Tuschet, Pet., 28, 29 ; Will., 30
Twapenes, Emma, 93 ; Thos., 93
Tyrel, Thos., 77
U
Uctred, see Hutred
Ulflandes, Alan de, 34
Ulvelay, see Woolley
Upsall, Upsale, 36 ; Geofif. de, 138
Upton, Yupton, Emeburg de, 106 ;
Hy. de, 106
Utlaghe, Thos. le, 89
Vallibus, Ralph de, 30
Vavasour, Vavassur, Mauger le, 18
Venele, Rob. de la, 58
Venur', Hawkmun le, 96
Verdenall, Rob. de, 51
Vere, Ver', Sim. de, 67
Verii, Hugh de, 26
Vesci, Vescy, Eustace de, 23 ; Marg.
de, 83 ; Warin de, 7 ; Will, de, 6
Veyl, Rob. le, 131
Veyley, Veylly, Rob. de, 60
Vineter, Will, le, 82
Vipont, Veteri Ponte, Rob. de, 107
W
Waddeworth. El. de, 1 1
Wade, Will., 138
Wadylove, Will., 105
Waitwith, Wacewich, 2
Walegrave, Walesgrave, Whalles-
grave, see Palsgrave
Walensis, Rob., 23
Wales, the march of, 131
Waleys. John le, 79 ; Ric. le, 85, 123
Walker, Hub. le, 117, 138
WaUdngton, Waukinton, John de,
87 ; Will, de, 87
Walterman, Ad., 138
Waltham, Step, de, 124
Walthef, Rob., 82 ; Will., 82
Walton, Waleton, Wauton, 58 ;
Gilb. de, 63, 65 ; John de, 121 ;
Walt, de, 139 ; Will, de, 43, 95
Wansford, Wandifford, Ad. de, loi ;
Marg. de, loi
Wansforth, Wandesford, John de,
119. 135
Ward, Marg., 67 ; Will., 67, 81
Warled, Ralph, 82
Warrewic, Warrewik, Nic. de, 12 ;
Ric. de, 12, 53
Warter, Wartre, 105 ; Reyn. de,
40 ; the prior of, 40, 105, 115 ;
the canons of, 29
Wascelyn, Walt., 131
Wassand, Watsand, Wausand, 71,
74 ; A. de, 43 ; Ric. de, 99 ; Rob.
de, 26, 27 ; Rog. de, 47, 67, 72
Wastehos, Emm. [de], 49, 79, 80
Watervill, Maude de, 51
Watton, Wathun, Hervey de, 28 ;
Lamb, de, 29 ; Walt, de, 117,
138 ; the prior of, 5, 15, 107, 128 ;
the canons of, 14
Wauldby,Walbi, Aug. de, 28 ; Elena
de, 28 ; Ralph de, 28
Wayman, Rob., 91
Weeton, Withtou, 10
Weighton, Wyghton, Brother Hugh
de, 46
Welburv, Welleberg, Rog. de, 124
Welham, Wellum, 78
Welle, John de, 87
Wellebek, Nielde,i2i ; Rog. de, 121
Welleford, Walt, de, 76
160
INDEX.
Welschod, Rob., 97 ; Thos., 97
Wensley, Wandesleye, Jord. de, 39 ;
Ralph de, 39
Westgate, Geoff, de, 138
Westhag, Hy. de, 96
Westiby, Will, de, 72
Westreys, Aub. le, 45 ; John le, 45
Westwick, Pat. de, 123
Weyte, Hugh le, 135
Wharram, Wharrum, 122 ; Al. de,
88 : Alice de, 88 ; Ric. de, 88
Wheldrake, Queldric, 4, 25, 40, 41
Whigheton, see Market Weighton
Whiston, Wistan, Gilb. de, 9
Whitby, Whitebv, theabbat of, 135
Whitley, Wetelegh, Wytelegh, 87 ;
Gilb. de, 87 ; Thos. de, 87
Whitwell, Wytewell, Ric. de, 57
Whitwic, Ev. de, 27
Whorlton, Wherfleton, 99 ; Emm.
de, 99 ; Geoff, de, 99 ; John de,
99
Wickersley, Wykerley, Rob. de, 60
Wigton, Wikton, Wycheton, John
de, 96 ; Phil, de, 61 ; Ric. de, 96 ;
Rob. de, 60
Wilberfoss, the nuns of, 15
Wilegheby, Wylegheby, Marg. de,
46 ; Rog. de, 46
Willerby, Wilardebi, Hy. de.
Willeton, see Bishop Wilton
Willingham, Step, de, 26
Wilton, Thos. de, 19
Winksley, 83 ; John de, 83 ;
de, 83
Winkton, Wynketon, 26 ; Lamb.
de, 26 ; Osb. de, 26 ; Ralph de,
117, 138 ; Viell de, 26 ; Will, de,
26
Wirkesleye, see Wortley
Wirksop, Wyrkeshop, the prior of,
46
Wiske, Wise, the river, 36
Wistow, Wixtowe, Silvester de, 42
Withgill, Wychichil, 115
Wolvenly, Hy. de, 107
Wombwell,Wambewell,Ralph de, 73
Woodcock, Wudecok, Emm., 46
26
Will.
Woodhouse, Wudcwuse, Rob. de,
56 ; Will, de, 56
Woolley, Ulvelay, 109
Wortley, Wirkesleye, Gamel de, 32
Wra, Ralph in le, 137, 139
Wrelton, 65 ; Hugh de, 37 ; Marg.
de, 37 ; Ric. de, 37
Wuketon, Ralph de, 139
Wulron, Rog., 117, 139
Wycliffe, Wycheclif, 113
Wycumb., Geoff de, 94, 115
Wydinton, Will, de, 96
Wykeham, Wicham, Ralph de, 138
Wyles, John, 49
Wvsp, Ad., 117
Wyvill, Wivill, Ric. de, 3, 76 ; Will.
de, 76, 92
Yeadon, Yedon, Agnes de, 63 ;
Beatrice de, 63 ; Benedict de, 63 ;
John de, 63
Yeddingham, Edingham, 99 ; Will,
de, 13
Yoll, WiU., 89, 116
Youlthorpe, Yoltorp, Thos. de, 7
Youlton, Yolton, Thos. de, 31
York, 9, 20, 93, 122 ; abp. of, 132 ;
Geoffrey, abp. of, 10 ; Roger,
abp. of, 21 ; W., abp. of, 55 ;
Bootham in, iii ; Dean and
Chapter of, 22 ; Hamo the
treasurer of, 21 ; the suburb of,
68 ; verdict of the vill of, 42
, St. Mary, the abbat of, 5, ig,
47. 72. 73, 80, 133 ; the chapel of,
21 ; the church of, 3, 75 ; a free-
man of, 36 ; the liberty of, 71, 73
— — , St. Peter, the church of, 21 ;
Dean of the church of, 131
, the Master of the Hospital of
St. Leonard at, 66
. the prior of S. Andrew at, 66
, the prior of Holy Trinity at,
24, 76, 132
Yupton, see Upton
J. Whitehead & Son, Printers, Alfred Street, Boar Lane, Leeds,
41
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