1431-03-20, Westminster Heir

Appointments of Thomas de Thwait and John de Poynton or Thomas Edelyngton, as attorneys, respectively, to the parties in the above suits. (d) Pleas there before the said justices for Michaelmas term in the same year, roll 152. Lincoln to wit. John de Kyrketon, V1I. Parr 2. 149 Membranes 8 to 1 chivaler, by Thomas de Edlyngton, his attorney, seeks against Ralph de Cromwell, knight, and Maud, his wife, the castle of Tateshale and manor of Kirkeby upon Bayne which he claims to hold to him and the heirs of his body. He says he was seised in the time of the present king. The defendants, by Robert de Spondon, their attorney, allege, as regards the castle, that they recovered it in Trinity term last on the seisin of one John de Dryby, ancestor of the defendant Maud, and as regards the manor that they brought in the same term a writ de consany unitate concerning that and other tenements on the seisin of the same John de Dryby, and Maud's descent from him, and they recite the previous pleadings and the judgments in their favour. The now plaintiff as regards the manor of Kirkeby denies that John de Dryby died seised, and thereon the parties put themselves on thecountry. So the sheriff is commanded to cause to come hither in the quinzaine of Hilary twelve men, &c. As regards the castle, Kyrketon acknowledges Dryby s seisin, but says that before his death he granted it, under the name of John de Dryby, lord of Tateshale, by his deed, produced in court, to the plaintiff Kirketon, his heirs and assigns, in demesnes, lordships and services, with all its appurtenances and services of free and bond-tenants, together with the advowson of the church of Tateshale and other things contained in the deed; with warranty. This deed was dated at Tateshale, Tuesday after St. Barnabas, 8 Edward III. He says also that afterwards in the king's court at Westminster, that is to say in the quinzaine of Michaelmas, 26 Edward III, before J. de Stonore and his fellows, justices of the Bench, a fine was levied between Ralph Daubeney, parson of Broghton, Thomas, parson of Tateshale, and John, parson of Reseby, plaintiffs, and the said John de LKirketon, deforciant, relative to the said castle with its appurtenances by the name of the castle and manor of Tateshale, by which fine the said John de Kirketon acknowledged the said castle and manor of Tateshale, &c. to be the right of the said Ralph, Thomas and John, parsons, as those which they had of his gift, and they, in return, granted the said castle and manor to him and the heirs of his body, with remainder to one John de Loudham and the heirs male of his body, with remainder to one Alice, his daughter, and the heirs male of her body, with remainder to Isabel, her sister, and the heirs male of her body, with remainder to the heirs of the body of the said John de Loudham, with remainder to John de Loudham, the father, and Alice, his wife, and the heirs of their bodies, with remainder to the right heirs of the said John de Kirketon. And so he says he held the castle by virtue of this fine, and puts himself upon the grand assize. And he asks that recognition be made whether he, the plaintiff, in place of the tenant, by form of the statute, &c. has best right to have the said castle as his right to-him and the heirs of his body coming by virtue of the deed shown here to the court and fine aforesaid by surrender of the said Ralph, Thomas and John, the parson, who had the castle and manor by grant of him, John de Kirketon, who had it by grant of the said John de Dryby as he asks in place of tenant, or the said Ralph and Maud to re es _ oe -- Membranes 8 to 1 hold it in place of plaintiffs by form of the same statutes as the right of Maud as they hold it, &c. And Ralph de Cromwell and Maud do the like. Whereupon a day is given to the parties here in the quinzaine of Hillary to hear the election of the grand assize and the sheriff is commanded to summon four knights, &c. to make the election, &c. on which day the parties appear by their attorntys and the sheriff sends word that he has summoned Peter Bavent, knight, and John de Multon, knight, belted knights, John de Osgotteby and John Wildebore to be here on this day, &c. and he answers further that there are no more knights in his bailiwick unrelated to one party or the other. Hereupon the parties to the suit ask that the said Osgotteby and Wildebore, although not belted knights, may proceed to the election with the other two, &c. And at the prayer of the parties the said four being sworn chose themselves and Sayer de Rocheford, knight, Roger de Cobeldyk, John de Langton, Thomas son of Richard de Holbeche, Richard Turnay, Simon Huwet, John de Crosseholm, William son of Fulk de Sutton, Peter Beauchamp, Gilbert Wace of Toft, William Sibri, and Simon son of Martin de Holbeche, because there are no more knights within the county unrelated to one party or the other. So the sheriff is commanded to cause to come hither in the quinzaine of Trinity the said sixteen, &c. to make the recognition of the said grand assize. And, with regard to having the twelve here at the quinzaine of Hilary aforesaid, the sheriff did not send the writ. So thata sicut prius was issued for twelve to come at the said quinzaine of Trinity, &c. On which day the parties appear by their attorneys and the said Peter Bavent, knight, John de Osgotteby, Sayer de Rocheford, knight, John de Langton, Thomas son of Richard de Holbeche, Richard Turnay, Simon Huwet, John de Crosseholme, William son of Fulk de Sutton, Peter Beauchamp, Gilbert Wace of Toft and William Sibri, twelve, &c. likewise, and, being tried and sworn, say upon their oath with regard to the castle that the said Ralph and Maud have better right, as in her right, to hold the same to them and their heirs by hereditary descent, than the said John de Kirketon to hold it to him and the heirs of his body by reason of the deed and fine as he seeks. And, with regard to the manor, they say upon oath that the said John de Dryby, ancestor of the said Maud, whose heir she is, died thereof seised in his demesne as of fee as the said Ralph and she allege. So as regards the castle, it is adjudged that Ralph and Maud are to hold it asin her right to them and her heirs, quit of the said John de Kirketon and his heirs for ever ; and the same John de Kirketon on this point is in mercy. And as regards the manor it is adjudged that the same John de Kirketon take nothing by his writ, but that he be in mercy for his false claim, and Ralph and Maud are without day, &c. (c) Pleas there, &c. in the same term, roll of Attornments No. 7.