1433-05-06, Westminster

Exemplification, at the request of Ralph Cromwell, chivaler, of the record and process of four suits in the Common Bench and of the warrants of attorney in the same, as follows : 1. Pleas at Westminster before William Babyngton and his fellows, justices of the Bench, Trinity Term, 8 Henry VI, ro. 883. Derby to wit. Ralph Cromwell, chivaler, by John Hardebene, his attorney, presented himself on the fourth day against John Graa, chivaler, in a plea touching the manor of Cruche, which the said Ralph claims as his right by writ of entry. And the other does not appear and he has already been in default, viz. in the octave of the Purification, 8 Henry VI after summons, so that the sheriff was then commanded to take the manor into the king's hands, and to summon the said John to appear to-day, viz. in the octave of Midsummer. And the sheriff now reports the day of the taking and that John has been duly summoned. Judgment that Ralph recover his seisin, and John is in mercy. 2. Pleas there before the same, Roll of attornements No.1. Ralph . Cromwell, chivaler, puts in his place John Hardebene against John Graa, chivaler, in a plea of land. ; 8. Pleas there before the same justices, Easter Term, 8 Henry VI, ro. 887. The king sent a writ close, issued at the suit of Walter Garlek, kinsman and heir of John de Heritz, tested by Humphrey, duke of Gloucester, at Westminster, 24 May, 8 Henry VI, to the justices with transcripts of feet of fines as follows : (a) Final concord made at Westminster, in the octave of Trinity, 18 Edward II, before William de Bereford, John de Mutford, William de Herle, John de Stonore and John de Bousser, justices, and other faithful subjects then and there present, between John de Heritz, plaintiff, and Thomas de la Forthe, . clerk, and Robert de Couland, deforciants, of the manor of Gonaldeston, co. Nottingham, except one acre of land in the same and the advowson of the church. John acknowledges the manor to be the right of Thomas as that which the said Thomas and Robert have of the gift of John; and in return Thomas and Robert have restored the manor, to be held as of the honour of Peverell, to John for life, with remainder to Roger Beler, for life, with remainder to Thomas, son of the said Roger, and to Margaret, the younger daughter of Richard de la Ryvere, knight, and the heirs of the bodies of the said Thomas and Margaret, with remainder to Roger son of Roger Beler and to Margaret, the elder daughter of the same Richard, and the heirs of the bodies of the said Roger and Margaret, with remainder over to the right heirs of the aforesaid John. This concord was made by the king's command. . Parr 2. 291 te et GE ED OF SS cee Membranes 11 to 7T (5) Final concord made at Westminster, in the octave of Trinity, 18 Edward II, before the same justices, between John de Heritz, plaintiff, and Thomas de la Forthe, clerk, and Robert de Couland, deforciants, of the manors of Wynefeld and Tybesshelf, co. Derby. John acknowledges the manors to be the right of Thomas, as those which Thomas and Robert have of his gift, and in return Thomas and Robert restore the manors, viz. the manor of Tybesshelf to be held as of the honour of Peverell and the manor of Wynefeld to be held of the chief lords of the fee, to the said John for life, with remainder to Roger Beler for life, with remainder to Roger his son and Margaret, the elder daughter of Richard de la Ryvere, knight, and the heirs of their bodies, with remainder to Thomas son of Roger Beler and Margaret, the younger daughter of the same Richard de la Ryvere, and the heirs of - of their bodies, with remainder over to the right heirs of John. This concord so far as concerns the manor of Tybeshelf was made by the king's command. And hereupon comes one John Dam on behalf of the said Walter Garlek, and says that the said John Herik and Roger Beler are dead and the said Thomas and Margaret the younger and the said Roger son of Roger and Margaret the elder, are dead without heir of their bodies, and that one John Southam, clerk, John Tailboys, esquire, John Fulnetby, John Tamworth and Robert Clerk, have now entered into the manors and hold them contrary to the fines aforesaid. Wherefore he sues for writs to the sheriff of Nottingham and the sheriff of Derby, respectively, to warn the said John Southam, John Tailboys, John Fulnetby, John Tamworth and Robert Clerk, to show why the premises should not remain to the said Walter Garlek, and they are granted returnable in the octave of Trinity. 4. Pleas there before the same justices, Trinity Term, 8 Henry VI, roll 124. Derby to wit. The sheriff was commanded that, whereas a fine was levied as above and so forth, reciting the foregoing statement of claim to the manors of Tybesshelf and Wynefeld, he should warn the said Southam, Tailboys, Fulnetby, Tamworth and Clerk to appear at the octave of Trinity. And now at this day comes the said Walter Garlek, by John Dam his attorney, but the other parties, though solemnly called on the fourth day, come not. And the sheriff returns that they were duly warned by William Couper, Richard Hertyngton, Robert Parker and Thomas Fox. Judgment that the plaintiff have execution against them by default. 5. Pleas there before the same justices, Trinity Term, 8 Henry VI, ro. 126. Nottingham to wit. The lke writ to the sheriff with the like recital of particulars of claim to the manor of Gonaldeston, except the said acre and advowson: Walter appears by John Dam as before. Defendants come not, it is returned that they were warned by Thomas Hewe, John Bate, Roger Clerk and Roger Whitegreve. Judgment for plaintiff to have execution, by default. 6. Pleas there for the same term, ro. 1. Nottingham to wit. Walter Garlek, kinsman and heir of John de Heritz, puts in his place John Dam against John Southam, &c. in a plea of land. 7. Pleas there before the same justices, Michaelmas term, 9 Henry VI, ro. 124. Nottingham to wit. The sheriff was commanded that, whereas the note of a certain fine was levied in a Membranes 11 to T , month of Easter Day, 19 Edward II, before William de Bereford and his fellows, justices of the Bench, between John de Heritz, plaintiff, and Thomas de la Forthe, clerk, and Robert de Couland, deforciants, of the manor of Wydemerpol, and the advowson of the church thereof; John acknowledges the manor and advowson to be the right of Thomas, as those which Thomas and Robert had of his gift, and they in return grant him the premises, to be held as of the honour of Peverell, for life, with remainder to Roger Beler for life, with remainder to Roger his son and the beforenamed Margaret the elder and the heirs of their bodies, with remainder to Thomas and Margaret the younger, beforenamed, and the heirs of their bodies, with remainder to the right heirs of John, and whereas the said Southam, Tailboys, Fulnetby, Tamworth and Clerk have entered into the premises, he should warn them to appear and show cause why the premises ought not to remain to Walter Garlek. And now comes the said Walter by John Dam his attorney, and the other parties make default, although it is returned that they were duly warned by Richard Hertyngton, Roger Clerk, Thomas Fox and Roger Whitegreve. Judgment for plaintiff by default. Pleas there for the same term and year, ro. 1. Walter Garlek puts in his place John Dam against the same parties, on a plea of and.