1390-02-11, Westminster

To the justices of the Bench. Order, upon petition of the plainto proceed to rendering of judgment in the plea hereinafter notwithstanding the defendant's allegation and the king's command to proceed therein so that they should not proceed rendering judgment without advising the king; as upon petition Peter de Courtenay knight and Margaret his wife, reciting a fine in the king's court at York in the octaves of St. Hilary 30 I between William Avenell plaintiff and John de Drokenesclerk deforciant of the manor of Gamelegeye, 20 marks of in Toft and Mordoun, and the advowsons of Landbeche church of a mediety of Gamelegey church, whereby the premises were to the said William and to the heirs of his body to hold of said John and his heirs at a yearly rent of one rose, and likewise reversion of the manor of Wynepole, then held by John de Ludand Agnes his wife as her dower of the heritage of John de with remainder for lack of issue of the said William John de Drokenesforde and his heirs quit of other heirs of the said and shewing that upon the averment of the said Peter and she being the cousin and heir of John de Drokenesforde, the said William died without issue, that John de Drokenesford Agnes are dead, and that Juliana daughter of Robert Bealknap has entered and holds the premises contrary to the form of said fine, the king ordered the sheriff of Cantebrigge to give the Juliana notice to be before the justices at Westminster at a past, in order to shew cause wherefore the same ought not to to the said: Margaret as cousin and heir of John de Drokenesthat at that day Peter and Margaret appeared by John Russell attorney and Juliana by Thomas Semelegh her guardian, and acknowledging that the said Margaret is heir of John Drokenesford, Juliana said that John de Bokyngham bishop of was seised of the premises, and demised the same to Robert knight and his assigns for fifteen years from 1 December Richard II, and that on the morrow of St. Martin 8 Richard II the justices of the Bench levied a fine of the premises between son of John Avenell and the said Juliana plaintiffs and the bishop deforciant, whereby the reversion thereof after the said was assured to the said Robert son of John and Juliana and the heirs of their bodies, alleging further that by a judgment in the parliament holden at Westminster on the morrow of Purification 11 Richard II Robert Bealknap was adjudged to die, it was determined that all his goods and lands were forfeit to the by virtue whereof the premises were by John Sybyle late seized into the king's hand as chattels of Robert Bealknap, are yet in his hand, wherefore the justices deferred to proceed, king commanded the justices to proceed that allegation notwithso that they should not proceed to rendering of judgment Wt. 11522. C8 without advising him; and the said Peter appearing after in person in chancery and the said Margaret by John Russell her attorney made petition to the king for judgment, shewing that a day was given the parties in the octaves of St. Martin last, that the petitioners then appeared by their attorney, and that the said Juliana came not, whereupon William de Hornby, suing for the king, said that such proceeding ought not to be taken, for that John de Drokenesford had a sister named Joan who was married to Philip Crooke, and that Philip and Joan had issue Joan who was married to the said William Avenell, without that that John de Drokenesford had a brother named Philip, as the petitioners alleged, and they, not acknowledging that he had such a sister, said that he had a brother named Philip, as they were ready to prove, craving an inquisition by the country, wherefore a day was given them before the justices at Westminster in the octaves of St. Hilary last, and the record and process in chancery was sent for determination before them; and now the plaintiffs petition shews that it is found by a jury that John de Drokenesford had a brother named Philip; and the serjeants at law and William de Hornby, being summoned in chancery, can shew no cause wherefore judgment ought not to be rendered.