119. 25 March 1371 p. 29

Remise and quitclaim by Richard son of Joan Mychell of Litchborough (Lechebarowe), from himself and his heirs, to John le Vynter of Grimscote (Grymescote), his heirs and assigns, of all right in a cottage with a curtilage and an acre of land with all appurtenances in the vill and in the field of Grimscote (Grymescote) in the parish of Higham (Hygham); with clause excluding future claims. Sealing clause. Grimscote (Grymescote), Wednesday the feast of the Annunciation of the blessed Mary the Virgin, 45 Edward III. Witnesses: John Hawys parson of the church of Higham (Hecham ), John le Vynter of Potcote (Potecote), John Geffys of Grimscote (Grymescote), Thomas Millward of the same, John Hegge of the same, Richard Hogges of the same and others. fos. 49r-49v

Indenture witnessing that John son of John Braundeston of Cold Higham (Hygham juxta Pateshull) has leased, granted and demised at farm to Robert Syer of the same, for the term of Robert's life, 6 acres of arable land and 2 acres of meadow in the field of Higham and Grimscote (Hygham et Grymescote), of which 1/2 acre lies apud Caldewell between the land of Henry Hickus on the one hand and John Geffys on the other, 1/2 acre super Yallinglond next to the land of Recous de Hygham, 3 roods super Langlond next to the land of John Tymmes, a rood on the same furlong next to the land of John Chylde, 1/2 acre which extends intus Pottewytherslade next to the land of the aforesaid Recous, 1 acre in villeinage (acra nativa) apud P'welleslade next to the land of John Thomeys, 1/2 acre on the same furlong next to the land of John Geffys, 1/2 acre super Hethehust next to the land of Simon Hegge, 1/2 rood super Seryhull next to the land of Richard Hogges, 1/2 acre apud Litelcappudhull next to the land of John Chylde, 1/2 acre apud Mullefurlonge next to the land of Lawrence Goddus, a rood of pasture apud Cappudmuro next to the land of John Hegge, 2 roods subter Cuppudhul next to the land of John Vyneter of Grimscote (Grymescote), a rood apud Parva Coppudhull next to the land of Henry Hogges, 1/2 acre apud Dracclowe next to the land of the aforesaid John Vyneter, and l/2 acre in Leftmoor next to the pasture of John Ebeton; to be held to Robert and his assigns of the grantor and his heirs freely [etc.], by rendering annually for a term of 12 years 2s. 4d. of silver at the four usual terms of the year by equal portions viz. at the feasts of Christmas, Easter, the Nativity of St. John the Baptist and of St. Michael the Archangel for all other secular services except forinsec services to the lord king, and after this term by rendering 4s. 8d. of silver at the aforesaid terms by equal portions for all secular services except the aforesaid. Clauses for distraint for rent in arrears and for re-entry if no distress is found. Clause for warranty. Mutual sealing clause. Witnesses: Sir John Hawys rector of the church of Higham (Hygham), John Vineter of Grimscote (Grymescote), John Vyneter of Potcote (Potecote), John Geffys, John Saward and many others. Cold Higham (Hygham juxta Pateshul), Tuesday after the feast of All Saints.
40 Edward III. fos. 56r-57r

Affidavit by William Overton of Cold Higham and others that they were present at Grimscote on 20 January 1407 when William Ardern delivered seisin of that manor and other properties contained in a charter of William Daventry to William de la Pole, and recital of the proceedings. Omnibus Christi fidelibus presentes litteras visuris vel audituris Willelmus Overton de Hygham Johannes Colmon de Potecote Johannes Mulward de Grymescote Henricus Arnald de eadem Johannes Wattes de eadem Johannes Hegge de eadem Johannes Schepherd de Hygham et Thomas Howes de eadam salutem in Domino et prosperytatem. Ut veritati testimonium perhibeamus vobis fide mediat affirmavimus quod die Sabbati proximo post festum sancti Hillarii anno regni regis Henrici regis nunc post conquestum quarti octavo apud citum manerii de Grymescote nos presentes fuimus quando Willelmus Arderne de comitatu Buk Willelmo de la Pole de comitatu Derb' plenam seisinam de manerio predicto et de omnibus aliis in quadam carta Willelmi Daventre armigeri et aliorum inde facta contentis absque aliqua excepcione deliberavit juxta formam waranti sibi inde facti et coram nobis ibidem lecti cum carta predicta, licet idem Willelmus [2] Ardern prius nobis dixerat quod nos bene scimus quod Johannes Arderne consanguineus suus fuerat feoffatus per predictum Willelmum Daventre tam de tenemento vocato Foxlond in Grymescote quam de tenemento vocato Scorelond in Parva Hiegham et ea de causa ipse. tunc vellet illa excipere et nos tunc respondebamus quod unquam aliquid inde cognovimus nec prius inde audivimus nec adhuc cognoscimus; et statim super eadem seisina plenarie ut premittitur liberata prefatus WiHelmus de la Pole tam coram nobis quam prefato WiHelmo Arderne petiit a Willelmo Herford tunc persona ecclesie de Hiegham predicta uno contentorum in carta predicta et prius conjunctim feoffato de omnibus in dicta carta contentis per prefatum Willelmum Daventre ad eius voluntatem perficiendam si idem Willelmus Herford de aliquo in carta predicta contentorum aliquam cartam vel aliquod feoffamentum alicui ante eundem diem Sabbati [3] fecerat vel ea aliqualiter incumbraverat, qui quidem Willelmus Herford magno juramento dixit quod non ad quod dictus Willelmus Arderne nichil contradixit; et tunc dictus Willelmus de la Pole requisivit prefatum Willelmum Herford ut omnes lites amputarentur in hac parte quod ipse eciam plenariam seisinam de omnibus in carta predicta contentis juxta vim et effectum eiusdem et secundum preceptum [4] predicti Willelmi Daventre eidem Willelmo de la Pole deliberaret et ipse tunc sic fecit; et super hoc predictus Willelmus de la Pole intravit in omnia maneria terras et tenementa in carta predicta contenta et in speciali in predicta tenementa vocata Foxlond et Scorelond et cepit attornamenta firmariorum et tenencium omnium predictorum et in speciali tam Alicie Vyneter de Grymescote quam Johannis Clerk tunc firmarii ad terminum annorum de tenemento vocato Vynteres tenentes de Grymescote ex dimissione prefati Willelmi Daventre per indenturas inde factas, que quidem tenementa predicta Alicia Vinter que eadem tenementa ad terminum vite sue tenuit prefato Willelmo Daventre per indenturas ad terminum vite ipsius Alicie prius dimisit. In quorum testimonium nos prefati Willelmus Overton et ceteri supradicti cum eo nominati sigilla nostra presentibus apposuimus. [5] Et quia sigilla nostra pluribus sunt incognita ideo sigillum est appensum ad rogatum nostrum specialem in testimonium premissorum.
fos. 59r-59v

Acknowledgement by Richard de Walton and Margaret his wife that they and their heirs (are bound)' to render annually to Matthew Thile and his heirs or to his assign 40d. annual rent at four terms for a certain house which they hold of him in the vill of Coventry (Coventr') in the parish of St. Michael, namely I Od. at the feast of the blessed John the Baptist in the 36th year of King Henry, son of King John, lOd. at the feast of St. Michael following, and lOd. at each of the feasts of St. Andrew the Apostle and the blessed Mary in March, and thereafter from year to year at the same terms for ever. Richard is bound to render I Ss. of silver of arrears of the same rent, 6d. to be paid to Matthew or his assign on Sunday of every week, beginning on the first Sunday after the feast of St. John the Baptist in the year aforesaid. In case of default in payment of the rent or the arrears Richard will give Matthew for his trouble and expenses 40s. for each term not observed. Sealing clause. Witnesses: Geoffrey de Wilenhale, Roger de Hegh and others.
fo. 141v I . tenement', for tenemur?

1 Maitland, Select Pleas in Manorial Courts, p. lxi f. Maitland traced the origin of the statement to Brooke's Abridgement and suggested that it was based on a decision of the Star Chamber in the reign of Henry VIII. Two freeholders seem too few for the requirements of the thirteenth and fourteenth centuries, especially when a 'record' must be brought to the royal court by four freeholders. The most illuminating testimony on what was then considered a properly constituted manorial court is given on Gaol Delivery Roll, no. 39, m. 30 (Trinity 1305): 'per curiam ipsius abbatis (sc. of Bec-Hellouin) de Rislep, tentam de liberis tenentibus ipsius abbatis, seilicet, Willelmo de Scaccario, Hugone de Rislep, Ricardo filio Osberti et Waltero atte Hegge, et eciam de villanis ipsius abbatis manerii predicti.' A jury was directly asked whether Richard son of Osbert and Walter atte Hegge were free tenants of the manor and stated that they were not. It is clearly implied that four freeholders were essential.

488. Gaufridus filius Viniani de Donecastr' appellauit Willelmum Dubelday de pace domini Regis infracta et de roberia. Et Willelmus venit et optulit se. Et Gauiridus non venit et attachiatus fuit per Willelmum . . . de Heghes et Gaufridum filium Radulfi de Donecastr' et ideo ipsi in misericordia. Et juratores quesiti si Willelmus esset culpabilis de appello illo dicunt quod . . .

Geoffrey son of Vivian of Doncaster appealed William Dubelday of breaking the lord king's peace and robbery. William has come and offered himself. Geoffrey has not come and he was attached by William . . de Heghes and Geoffrey son of Ralf of Doncaster, who are therefore in mercy. The jurors, asked if William is guilty in regard to that appeal, say that . . .

At Gloucester, 1220 p. 9

. . . SANCTI JOHANNIS BAPTISTE
34. [Frarinus de Clopton']1 quem Willelmus Eghe vocauit ad warantum versus Robertum de Clopton' de placito assise mortis antecessoris per Robertum de Dorlingescot'.... Sancti Johannis Baptiste in xv dies. Affidauit. Idem dies datus est Willelmo Heghe in banco. Idem dies datus est [omnibus recognitoribus 8] qui venerunt etc et vicecomes habeat corpora aliorum etc.

Frarin of Clopton whom William Eghe vouched to warranty against Robert of Clopton in a plea of assize of mort d'ancestor by Robert of Darlingscott. In 15 days from . . . of St John the Baptist. He has pledged his faith. The same day is given to William Heghe in the bench. The same day is given to all the recognitors who have come and let the sheriff have the bodies of the others.

54. (Wigorn') Willelmus Hege versus Robertum de Clopton' de placito assise mortis antecessoris per Willelmum de la More. In crastino Sancte Marie Magdalene apud Hereford'. Affidauit. Idem dies datus est Frarino de Clopton' quem [idem Robertus B] vocauit ad warrantum. Idem dies datus est Petro de Leche et aliis juratoribus. Et vicecomes [habeat corpora B] aliorum et ponat etc.

William Hege against Robert of Clopton in a plea of assize of mort d'ancestor by William de la More. On the morrow of St Mary Magdalene (23 July) at Hereford. He has pledged his faith. The same day is given to Frarin of Clopton whom Robert has vouched to warranty. The same day is given to Peter de Leche and the other jurors and let the sheriffs have the bodies of the others and appoint etc.

918. (Oswal') Ass. ven. rec. si Willelmus Hegh' iniuste et sine judicio disseisiuit Matillidem la deboneir' de libero tenemento suo in Hull' post primam coronationem J. etc per breue eiuedem etc et si idem Willelmus et Petrus de Lenz . iniuste et sine judicio disseisinerunt eam de libero tenemento suo in eadem villa post ultimum reditum etc per aliud breue. Et Willelmus venit et dicit quod assisa non debet inde fieri . quia ipsa habet virum Robertum nomine qui adhuc superstes est et ideo non vult respondere nisi curia considerauerit desicut mentio non fit in breui de eo nec ipse presens est etc. Et Matillis hoc non potuit dedicere et ideo Willelmus inde sine die et ipsa in misericordia. Pauper est.

(Oswaldslow Hd.) Novel disseisin whether William Hegh' has disseized Maud the fair of her free tenement in Hill (and Moor) after the first coronation of king John etc and by writ of the same king, and if the same William and Peter of Lench have disseized her of her free tenement in the same village after the last return etc by another writ. William comes and says that the assize ought not to be taken because she has a husband, Robert by name, who is still alive, and therefore William does not wish to reply unless the court shall adjudge, since mention is not made of Robert in the writ, nor is he present. Maud cannot deny this, and therefore William is without day and she is in mercy. She is poor.

Juratores dicunt quod ipse ita disseisiuit eos sicut breue dicit. Et ideo consideratum est quod ipsi recuperauerunt seisinam suam et Willelmus in misericordia. Preceptum est vicecomiti. Dampnum iiu s. Plegii de dampno et misericordia . Rogerus de Persor' et Gaufridus de Aumbir'. Et Petrus de Wika i juratorum cognouit quod non fecit visum et habuit summonicionem et ideo in misericordia. (Marg. misericordia misericordia c)

Novel disseisin whether William Eghe has disseized John of Pull (Court in Bushley) and Christina his wife of their free tenement in Throckmorton. William comes and willingly agrees to the assize. The jurors say that he has disseized them as the writ says. It is therefore adjudged that they have recovered their seisin and William is in mercy. Precept to the sheriff. Damages, 4 shillings. Sureties for the damages and amercement, Roger of Pershore and Geoffrey of Hanbury. Peter of Wick by Pershore, one of the jurors, admitted that he has not made the view and he has had the summons, and therefore he is in mercy.

An assize comes to declare if Agnes widow of Godfrey of the brewery and John her son and Geoffrey de Penne unjustly and without judgment have disseized William Heghe of his free tenement in Worcester after the last etc. And Agnes comes and says that that tenement whence he has levied the assize she gave to a daughter of hers who sold it to William and that tenement owed her 6 pence a year and William has not paid them. Therefore she took that messuage into her hand. And William has admitted this. And therefore let him have his seisin and satisfy her in regard to his rent and arrears. She is poor.

This case is an interesting instance of the way in which the royal judges used their wide discretionary powers in the interests of justice. The complainant was the serjeant of Oswaldslow hundred and it would have been difficult for a poor widow to recover against such a man a small rent due from a tenement he had purchased from a third party. She and her son therefore took the drastic step of seizing the tenement. She had undoubtedly committed an offence and William's seisin ought certainly to be protected by the assize. But the judges, after hearing what she had to say, and William's admission that the facts were as she stated, ordered that he should recover his seisin and satisfy her in regard to her rent and the arrears. She was not amerced for disseisin for she was poor.

Novel disseisin whether William Hegh' has disseized William de Brinmarton' of his common pasture in Putesty and Theinewud' belonging to his free tenement in Hill (and Moor). William comes and says that the assize ought not to be taken therein because the tenement whence the assize is levied, is in the king's forest, and Hugh de Neville, when he was Justiciar of the Forest, granted him that land for one mark of silver which he gave for the use of the king, and he holds that land by rendering 18 pence at each reguard. And since he has it at the king's gift and through the king it does not seem to him that the assize ought to proceed.

Mort d'ancestor if Nicholas of Clopton father of Robert of Clopton were seized in his demesne as of fee on the day he died of one virgate of land with appurtenances in Hill (and Moor), which William Hegh' holds, who comes and vouches Frarin of Clopton to warranty therein. Let him have him by the aid of the court on the morrow of St John the baptist at Gloucester. Let the sheriff cause the jurors to come then. Let Frarin be summoned in Warwickshire.

Clopton no longer appears on the map. It is not recorded later than 1329, but it lay in the south of the parish.

William Eghe the serjeant [is] in mercy because he answered in the worst fashion. The jurors are likewise in mercy for many transgressions. They are pardoned.

The jurors say that Nicholas of Hagley and Stephen Ruffus were companions in robbery, so that Stephen fled to the church for a certain deed. Afterwards, when Nicholas wished to deliver Stephen from the church, he went to Osbert Alfolc of Alvechurch and asked him to go with him to deliver Stephen and he refused, so that there was a quarrel between them and Osbert killed Nicholas.

And know that Osbert found sureties, namely Adam of Weatheroak Hill (in Alvechurch), William son of Erniwic, Gilbert Wischard, William Schirreve, Reginald of Weatheroak Hill, and Roger Kade, and Osbert's whole tithing. Afterwards Osbert came and offered the King 1 mark to have an enquiry whether he were guilty of robbery and of being Stephen's companion or not, by pledge of William Eghe.

The jurors say that Osbert is a robber and a receiver of robbers, and particularly of Stephen and Nicholas, and that he killed Nicholas so that thus he might conceal his wickedness. It is therefore adjudged that Osbert be hanged. And John Alfolc, Osbert's brother, taken for ill fame, has come, and he is not in frankpledge, nor does he wish to put himself upon the country, nor has he a lord who is willing to be surety for him, therefore let him abjure the realm and leave the land before the Saturday next after the octave of St John the Baptist. He chooses to go at Dover. Oberts chantiele were five shillings whence let the sheriff answer.

An assize comes to declare if William le Paumer unjustly and without judgment has diiseized Walter the miller of his free tenement in Fladbury within the summons of the Justices' eyre. William says that that assize ought not to be taken therein because he recovered seisin of 9 acres of land with appurtenances in Fladbury by assize of mort d'ancestor against master Jordan, the parson of Fladbury, so that, by the view of the recognitors of the same assize, William Eghe, the serjeant of the same hundred, put William in seisin as well of the messuage whence the assize was levied as of the appurtenances of those 9 acres of land. And Walter says that he holds that land in fee of this Jordan. The jurors of the former assize say upon their oath that William put that messuage in his view, and that Walter only held that messuage from year to year, and therefore it is adjudged that William go thence without day and Walter is in mercy.

This case arose out of case 978, which is the assize of mort d'ancestor to which reference is here made. By that assize, heard at Worcester in the early part of the session, William recovered 10 acres of land against Jordan. Walter the miller is now complaining of disseisin by William because William has recovered a messuage which he claimed to hold in fee of Jordan. The jurors say that he held messuage as a yearly tenant and not in fee. They also say that the messuage was put in the view made of the land claimed by the former assize.

Walter is therefore in mercy for a false claim.

And in relation to this Sir Edmund de Brabazon and their fellows in the county of Kent when they were justices assigned in the time of tralbaston [6- in 1305 CPR 1301-1307]
One was this: John of Iden, John at the Hedge and Richard at the Hedge who had been held in the King's prison at Winchelsea for divers robberies and felonies perpetrated in divers churches in the county aforesaid, when indicted thereof before the said Justices broke the aforesaid prison and fled to the church of St. Thomas of Winchelsea. And thereupon (in response to) the message of the said Justice, Sir Robert of Winchelsey, then Archbishop of Canterbury, informed them that he did not acknowledge them as sons of the church, and that they ought not to enjoy ecclesiastical liberty. Therefore the arrested men were taken out of the said church, and brought before the said Justices at Canterbury; and they were hanged.