BHO
  1. Final Concords, Lancashire
  2. Final Concords For Lancashire, Part 1, 1189-1307
  3. Lancashire Fines: Henry II and Richard I

Lancashire Fines: Henry II and Richard I

Pages 1-7

Final Concords For Lancashire, Part 1, 1189-1307. Originally published by Record Society of Lancashire and Cheshire, Edinburgh, 1899.

This free content was digitised by double rekeying. All rights reserved.

Citation:

In this section

Final Concords.

Lancaster.

33 Henry II.

(Public Record Office, Duchy of Lanc. Class xxv., A 9.)

At Richmond, on the * * *, 33 Henry II. [1187], before Godfrey de Luci, &c.

Between Robert de Lascy, plaintiff, and William, son of Rosselin, tenant, of the whole town of Ribbecestre (fn. 1) [Ribchester].

[The terms of the concord are not recorded].

5 Richard I.

(Duchy of Lanc., Great Cowcher, vol. ii., p. 110.)

At Winchester, on the 21st April, 5 Richard I. [1194], before the King, &c.

Between Albrey de Lisores and Roger, constable of Chester, her grandson (nepos), respecting the whole estate which belonged to Robert de Lasci. (fn. 2)

Albrey and her heirs quit-claimed the whole estate which had been Robert de Lascy's to the said Roger and his heirs; and Roger granted to Albred, that she should hold the estate of Robert de Lisores her father all her life, without any exception, by the service which pertains to that land, to wit the service of eight knights' fees. After her decease, William her son and his heirs shall hold that land in fee and inheritance of Roger and his heirs, by the said service. Roger also gave Albred twenty librates of land in Bardington, to hold during her life quit of all service; and after her decease, William her son and his heirs to hold that land in fee and inheritance of the said Roger and his heirs, by the service of one knight's fee. For the grant of these twenty librates of land, Albred forthwith delivered and quitclaimed to Roger, the town of Hauton in Lindsey, which she held in dower.

7 Richard I.

(Duchy of Lanc. Class xi., No. 7, Coucher of Kirkstall, f. 55b.)

At Clitheroe, in the court of the lord Roger de Laci, constable of Chester, in the 7 Richard I. [1195–6].

Between Henry de Helande, plaintiff, and Robert de Clivercher, the hunter, tenant of three oxgangs of land in Clivercher [Cliviger], with appurtenances.

Robert shall hold the land during his life, rendering yearly to Henry at the feast of St. Oswald [5th August], twelve pence, and performing forinsec service. The whole profit of that tenement from fishings and mills to be to the use of Henry, except grinding for Robert's own house, which he shall have free during his lifetime. After his decease two of the three oxgangs shall revert to Henry and his heirs, and the third to Margaret, daughter of the said Robert, and to her heirs, for which she shall yearly render to Henry and his heirs four pence at the feast of St. Oswald, and perform forinsec service. (fn. 3)

Richard I.

(Public Record Office.)

No. 113.—This is the final concord made in the Court of the Lord the King at Westminster, on Tuesday next after the Purification of the blessed Mary, in the 7th year of the reign of King Richard [6th Feb., 1196], before Hubert, Archbishop of Canterbury, Godfrey of Winchester, and Gilbert of Rochester, Bishops, Geoffrey fitz Piers, William of St. Mary's Church, Richard Archdeacon of Ely, Ralph Archdeacon of Hereford, Simon de Patshull, Osbert fitz Hervey, and Richard de Heriet, Justiciars of the Lord the King, and other faithful persons of the Lord the King there present.

Between Abbot Hugh, and the Convent of Shrewsbury, tenants, and Theobald Walter, plaintiff, respecting the advowson of the whole Church of Kirkeheim [Kirkham], in Amunderness, with its appurtenances. Whereupon there has been a plea between them in the aforesaid court. (fn. 4)

To wit, that the aforesaid Abbot and Convent have granted in perpetuity to the said Theobald and his heirs, the advowson and presentation of the said whole Church, saving to them the annual pension of twelve marks in the said Church. So that the Clerks, whom the said Theobald or his heirs shall present to that Church, shall make oath before the Archdeacon of Rich. mond or his official (officialis), or before him to whom those Clerks shall be presented, respecting the faithful payment of the said pension of twelve marks, viz., six marks at Easter and six marks at the feast of St. Michael. And the aforesaid Abbot, or his successors, or the Convent shall not be able to claim anything (quicquid exigere) in the aforesaid Church against the said Theobald and his heirs, or against the Clerks by them presented, except the aforesaid pension of twelve marks. And when it happens that the said Theobald or his heirs shall present Clerks to the said Church, the aforesaid Abbot and Convent shall dispatch some one on their behalf to receive fealty from the Clerks who have been presented, respecting the aforesaid pension of twelve marks to be paid as is aforesaid. But if by chance the aforesaid Abbot and Convent do not dispatch anyone on their behalf for this purpose, the said Theobald and his heirs shall nevertheless make their presentation, saving the aforesaid pension of twelve marks. And the said Theobald and his heirs shall certify the Convent of Shrewsbury as to the term at which the Clerks ought to be presented to the said Church, fifteen days before making the presentation. But if the aforesaid Abbot shall not come, not send any one on his behalf to receive that fealty from the Clerks to be presented, respecting the aforesaid pension of twelve marks yearly to be faithfully paid as is aforesaid, the Archdeacon of Richmond, or he who shall be competent to admit the Clerks who are to be presented, shall receive that fealty from the Clerks to be presented, in place of the Abbot and Convent.

[Endorsed]. These chirographs have been deposited in the hand of William de Waledon, as if in sequestration; so that the advent of the Archdeacon may be awaited, and it may be known through him if he be willing to give his assent to it; so then all will be settled (stabile) if the Archdeacon should give his assent.

No. 116.—At Westminster, on Sunday next after the Octave of the Purification of the blessed Virgin Mary, 7 Richard I. [11th Feb., 1196].

Between the Abbot and Convent of Furneis, plaintiffs, by William de Leides, cellarer, and William de Lonesdale, put in their place to win or lose in the said Court, and Gilbert, son of Roger fitz Reinfrid and Helewise, his wife, tenants, by Richard de Marsh (de Marisco), Clerk, put in their place, &c., respecting Furness Fells (fn. 5) (de Montanis de Furnesio).

The Abbot and Convent have granted to Gilbert and Helewise, his wife, and to their heirs, that part of the Fells of Furness lying towards the West, which their predecessors had in accordance with a concord and agreement, which was made in the Court of King Henry [II.] before him, as the charter which the monks have bears witness, by these bounds, to wit, from Elteswater [Elterwater], by the dale to Tildesburgthwait [Tilberthwaite], thence by Ywedalebec [Yewdalebeck] to Koningeston [Coniston], and so into Thurstaine-water [Coniston Lake], thence along the edge [of the lake] to the head of Thurstaine-water, as far as the point which stretches [into the lake] below Rig, unto Craic [the river Crake], thence by Crake unto Leven; Also from Elteswater over against the Fell, by the stream which falls down from Wreneshals [Wrynose Hawse] unto Wreneshals, and so descending by Wreneshals into Borgerha [unidentified], and from Borgerha unto Duthen [Duddon], and thence descending by Duthen as far as the bounds of Brocton [Broughton-in-Furness] extend; to hold of the Abbey of Furnez and of the said monks, in wood and plain, in waters and fisheries, rendering yearly to the Abbey and monks twenty shillings for all service and custom. Moreover the Abbot and monks granted to Gilbert and Helewise, and to their heirs, Olueston [Ulverston], with all appurtenances, for ten shillings to be rendered yearly to the monks for all service. These lands Gilbert and Helewise and their heirs shall hold of the Abbey and monks in fee and inheritance, as freely and quietly as the monks themselves hold of their lords, saving their service of thirty shillings for all service to be paid to them yearly on the Eve of the Assumption of the blessed Virgin Mary. And Gilbert and Helewise his wife have granted and quit-claimed to the Abbot and monks of Furneis, buck and doe, and hawk, in that part of the Fells which belongs to the monks, and every liberty which Gilbert and Helewise themselves possess, freely and peaceably, and without claim from them and their heirs, by these bounds, to wit, from Elteswater by the dale to Tildesburgthwait, thence by Ywedalebec to Koningeston and so to Thurstaine-water, by the edge [of the lake] to the head of Thurstaine-water to that bank which extends below Rig, unto Craic, and thence by Craic eastward unto Leven; also from Elteswater unto Braitha [Brathay], and from Braitha unto Winendremer [Windermere], and by Winandermer unto Leven, and so by Leven unto the sea. Gilbert and Helewise also rendered to the monks and quit-claimed upto them, Neubi [Newby, par. Clapham] with all appurtenances, quit of all right and claim which they have therein, or which belonged to them or their heirs, to hold henceforth freely and quietly, and peacably to possess [the same] in the place of Gilbert and Helewise, and their heirs. If, however, anyone shall hereafter seek to harass the monks respecting it [i.e., Newby], Gilbert and Helewise, and their heirs, will aid them to the utmost of their ability, and maintain them in possession without cost. The thirty shillings which Gilbert and Helewise owe yearly to the monks, for service for the Fells and Olveston, they will pay on the Eve of the Assumption of St. Mary. Furthermore, Gilbert and Helewise granted to the monks a free road and passage for themselves and all their belongings, by the way which leads from the Abbey of Furnez through Olveston, and so through Craikeslith [Crake's lyth] unto the fishery of Craic, and so to their own lands whithersoever they may wish, because the monks and their belongings sometimes used to suffer molestation on that road.

No. 125.—At Westminster, on Thursday next before the Invention of the Holy Cross, 7 Richard I. [2nd May 1196].

Between Richard le Norreis (Norrensis), plaintiff, and Jordan, his brother, tenant, of two carucates of land with appurtenances in Hetton (fn. 6) [Heaton Norris], half a carucate of land with appurtenances in Cherleton (fn. 7) [Chorlton], and two oxgangs of land in Bradeford.

Richard remitted his claim in the two carucates of land in Hetton, and in the half carucate in Cherleton to Jordan and his heirs. For this agreement Jordan remitted to his said brother Richard and his heirs, those two oxgangs of land in Bradeford, to hold of the chief lord by the service which belonged to that land. But if Jordan should not be able to warrant those two oxgangs to Richard, his brother, then the half carucate should remain to Richard . . . and Jordan rendered to Richard the charter of Matthew, son of William, which his father had. Concerning that [half carucate of land], Jordan further granted to Richard that the pigs which belonged to his demesne, should run in Hetton wood quit of pannage for ever.

No. 139.—At Westminster, on Friday next after the Invention of the Holy Cross, 7 Richard I. [10th May, 1196].

Between Theobald Walter, plaintiff, and the Abbot and monks of Seiz, tenants, by John, a monk of Seiz, put in their place in the Court of the King to win or lose, by the King's writ de ultra mare, respecting the advowson of the Churches of Preston and Pulton, with their chapels and appurtenances. (fn. 8)

Theobald quit-claimed for himself and heirs to the Abbot and monks and their successors, all his right in the advowson of the Church of Pulton with the Church of Biscopham [Bispham], and all other their chapels and appurtenances. And the Abbot and monks rendered to Theobald and his heirs the advowson and presentation of the Church of Preston, with its chapels and appurtenances, so that each parson presented to that Church by Theobald or his heirs, shall pay yearly to the Abbot and monks and to the Prior of Loncastre, ten marks of silver, viz., five marks at Pentecost, and five marks at the feast of St. Martin. And moreover, whenever Theobald or his heirs shall present any parson to that Church, he or they shall certify the Prior of Loncastre in that behalf, eight days before presentation. So that the Prior or his deputy shall be there to receive the fealty of the Clerk to be presented, respecting those ten marks, to be faithfully paid at the stated terms. But if it should happen that the Prior will not concern himself in such presentation, nor send another in his place, notwithstanding that there shall be a Clerk to be presented to that Church, then he who instituted the clerk in that Church, shall receive that fealty. This concord was made in this form with the concurrence and assent of William de Chimilli, Archdeacon of Richmond, in whose Archdeanery the said Churches were situated.

[Endorsement mutilated.]

No. 4.—At Westminster, on Wednesday next after the feast of St. Paul, 10 Richard I. [27th January, 1199].

Between Richard de Frekeltun, plaintiff, by Adam his brother, put in his place, and Roger de Frekeltun, tenant, of the sixteenth part of a mill, and of the sixteenth part of a fishery with appurtenances in Frekeltun. (fn. 9)

Roger granted to Richard and his heirs in perpetuity the multure of his house to the said mill, and the sixteenth part of the fishery with nets, and the sixteenth part of . . . . . . . when other men fish there; and Richard quitclaimed the right he had in the said mill and fishery. For this agreement Richard gave Roger . . . . marks of silver.

Footnotes

  • 1. William, son of Rosselin, is mentioned in the Pipe Roll of 34 Hen. II., as owing half a mark for withdrawing a plea. Cf. Nos. 13 and 32, temp. John, postea.
  • 2. See Ormerod's History of Cheshire, vol. i., p. 695; also Whitaker's History of Whalley, vol. i., p. 241.
  • 3. See History of Whalley, vol. ii., p. 196.
  • 4. The church of Kirkham, with the whole township, had been granted by Count Roger the Poictevin, circa 1094, to the Abbey of St. Peter of Shrewsbury. It was also included in the Count's grant to St. Martin of Sees in the year 1094, which also included various other churches in Lancashire. Consequently disputes arose between the two houses, as to which had the better right. It was finally adjudicated to the former by an award of William, Archbishop of York, between the years 1144 and 1147. By charter, dated at Winchester, 22nd April, 1194, Richard I. granted to Theobald Walter the whole hundred of Amounderness, by virtue of which, Theobald claimed an interest in the said church of Kirkham. In Michaelmas Term, 1194, he was sueing Adam, Dean of Kirkham, and Richard, the clerk, for the advowson of that church, and they in turn probably vouched to warrant the Abbot of Shrewsbury, with the result that the above concord was concluded.
  • 5. See Annales Furnesienses, pp. 144 and 162.
  • 6. Albert Grelley (1164–1188) gave two carucates of land in Heaton Norris to William le Norreis to hold by the service of 10s. (and by military service ?) Richard le Norreis and Jordan, his brother, seem to have been the sons of the said William, whose heirs held the estate in 1212 (Testa ii., f. 823).
  • 7. Matthew de Haversage, son of William, held four oxgangs of land in Chorlton, of Gospatrick de Chorlton, which he had deraigned by wager of battle (Testa ii., f. 826). But before the date of this fine he had chartered them to William (?) le Norreis, father of Jordan and Richard.
  • 8. The churches of Preston and Poulton (inter alia) were bestowed by Count Roger the Poictevin upon the Abbey of St. Martin of Sees. But when the Count was banished in 1102, the title of the Abbey became defective, and accordingly Theobald Walter acquired a right in the advowson of these churches, by virtue of the grant of Amounderness to him, by Richard I. in 1194 (p. 3, note). The two conflicting interests were separated and apportioned by this final concord.
  • 9. In and before the year 1201, Roger de Freckleton held one knight's fee in Freckleton, Whittingham, Newton and Elswick, of the barony of Penwortham. His son Richard is returned as holding one car. of land in Thorp, in Leyland hundred, in the year 1212, being then under age and in ward to the Archdeacon of Stafford and William de Harwood; and in the year 1242 he is returned as holding one knight's fee in Freckleton, etc.