Source: Public Record Office: JUST 1/1200 m. 14

Title: Devon Assizes 

12 April 1268

Honiton

Placita & assis’ capt’ apud Huniton’ In Com’ Deuon’ coram M. de Littlebyr’ Die Jouis in sepa Pasch’ Anno r’ r’ H. fil. Regis Joh’is Lo s’cdo.

Pleas and assize held at Huniton in the county of Devon before M. de Littlebyr’, Thursday in Easter week, in the 52nd year of the reign of king Henry son of king John

Deuon’.

Ass’a venit rec’. si Petrus de Schudemor.  Will’s de Draycote.  Anselmus Basset.  Oliurs de Dynham. & Ric’s le Orfeure. iniuste &c’. diss’. Henr’ de la Pomreye. de lib’o ten’ suo in Vpotery & Rouerigg’. post primam &c’. Et vn’ quer’ q’d diss’ ip’m de duabs Carucatis trre cum ptin’.

Devon

An assize comes to recognize whether Peter de Schudemor, William de Draycote, Anselm Basset, Oliver de Dynham and Richard le Orfevere unjustly &c. disseised Henry de la Pomereye of his free tenement in Upotery and Roverigg, after the first &c. And wherein he complains that they have disseised him of two carucates of land with appurtenances.

Eadem ass’a. & p eosde’ recognitores ven’ rec’ si Anselmus Basset  Oliurus de Dynham  Will’s de Draycote  Petrus de Schudemor  Ric’s de Warrewyk & Ric’s le Orfeure iniuste &c’. diss’ Galfr’m de la Pomreye de lib’o ten’ suo in Bukerell post prima’ &c’. Et vn’ quer’ q’d diss’ ip’m de qatuor carucatis trre cum ptin’.

The same assize and by the same recognizors comes to recognize whether Anselm Basset, Oliver de Dynham, William de Draycote, Peter de Schudemor, Richard de Warrewyk and Richard le Orfevere unjustly &c. disseised Geoffrey de la Pomereye of his free tenement in Bukerell after the first &c. And wherein he complains that they have disseised him of four carucates of land with appurtenances

And the aforesaid Peter de Scudemor and William de  Draycote have not come, nor were they attached, because they were not found. Therefore let the assize be taken against them by default.

And thereupon comes one William le Franceys, bailiff of the said Anselm Basset, and answers for his master that the aforesaid Henry and Geoffrey unjustly complain that they are disseised by the aforesaid Anselm his master of the tenements aforesaid: for he says that the lord king by his charter gave the tenements aforesaid to the same Anselm, because one Henry de la Pomereye, father of the aforesaid Henry and Geoffrey, who held the lands aforesaid, was an enemy and felon of the lord king; and of this he puts himself upon the record of the rolls of the lord king; but he produces no charter therein.

And the aforesaid Oliver comes and says that he has not disseised them of the tenements aforesaid; for he says that well after a year and a half after the aforesaid Anselm had the tenements aforesaid by the gift and grant of the lord king under the name of the aforesaid Henry, he entered the same tenements and held them by the aforesaid Anselm and by his charter of enfeoffment which he made to him, as he says, and not otherwise.

And the aforesaid Henry says that Henry de la Pomeraye his father did not hold the aforesaid tenements on the day that they say the lord king must have given them to the aforesaid Anselm; but he says that he held them for a long time before the battle of Lewes, by the gift and grant of one William de la Pomeraye his uncle: because he gave them him and made his charter of enfeoffment thereof to him; so that he had full and peaceful seisin thereof until the aforesaid Peter and others unjustly and without judgment ejected him therefrom. And of this he puts himself upon the assize.

And Geoffrey says that on the day that the aforesaid Anselm and others ejected him from his tenement aforesaid of Bukerel, he held that tenement and was in full and peaceful seisin of the same, and not the aforesaid Henry his father, who had no right in the same tenement; for he says that he had it by the gift and feoffment of one Ignacius de Clifton by his charter which he made to him thereof, for three years continuous before that date, and he had full and peaceful seisin thereof until Anselm and the others unjustly ejected him therefrom; and that that is so he puts himself upon the assize.

The jurors say upon their oath that the aforesaid  Henry son of Henry de la Pomeraye was in peaceful and full seisin of the tenements aforesaid of Upoteri and Roverigh on the day that the aforesaid Peter and others (except for Oliver) injustly and without judgment ejected him from the same tenements, as from those which he had by the gift and grant of William de la Pomeraye his uncle for five years and more before that date. And that Henry the father of the said Henry had nothing in the aforesaid tenements on the day that they entered the same tenements nor for five years and more before that date.

Also they say that, as to the second assize, that on the day that the aforesaid Anselm and others (except the aforesaid Oliver) entered into the tenements of Bokerel, the same Geoffrey was in full and peaceful seisin of the same, as of that which he had had for three years continuous before that date by the gift and feoffment of one Ignacius de Clifton, who gave the aforesaid tenement by his charter to the aforesaid Geoffrey and put him in seisin thereof: so that the same Henry de la Pomeraye his father had nothing in the tenements aforesaid within that said time.

Also they say that the aforesaid Oliver made no disseisin thereof, for they say that well after a year and a half after the aforesaid Anselm entered into the aforesaid tenements he enfeoffed the said Oliver, who has spent more on the aforesaid tenements than he has received.

Damages if any against Peter de Schudemor 50 marks, of which 30 marks in Bukerel and 20 marks in Upotery

Damages against Anselm Basset 10 marks, of which 5 marks in Buk’ and 5 marks Upoteri

A date is given to them to hear the judgment on them, at Westminster in the octaves of Trinity

On which day the lord king commanded the same M. by his letters that he cause to come before him the record aforesaid three weeks from Midsummer, together with all particulars touching that assize; and it is sent to him; which record the same lord king by his letters sent back to the same M. and to Nicholas son of Marton, to be finished in the same county. But because the same Nicholas was not able to come at the date and place that the same M. notified to him, a date was given to the parties to hear their judgment on the quindene of Michaelmas at Westminster. Afterwards, on that day, in the presence of M., Gilbert de Preston, Richard de Middelton and Nicholas de C........... the aforesaid assizes were recited, so that it seemed to them that the disseisin aforesaid was manifest; so that it was considered at Westminster in Banco that the aforesaid Henry and Geoffrey should recover their seisin against them by oversight of the recognizors. Peter and the others in mercy. And because it was adjudged by the assize that the aforesaid Oliver had made no disseisin of the aforesaid Geoffrey ........ But because the aforesaid Henry and Geoffrey complained that the aforesaid Oliver had done much damage on the aforesaid, it is ordered that an enquiry be made as to the damage, and that to be done without delay &c. together with the other damages, which are taxed by the jurors at 60 marks.

Transcription from latin by David Bethell

14 Matlock Street, Stoke-on-Trent ST1 3BG

For Alma LaFrance;  August 2019

Note from AP: Roverigg is no doubt RAWRIDGE, a hamlet SW of Upottery, close to the Rawridge hills. The river Otter passes through  or by Upottery, Rawridge, Honiton, Ottery St Mary and Otterton before reaching the Otter Estuary to the east of Budleigh Salterton and Salterton.  Otterton Mill has been a working watermilll over 1,000 years old; it was one of the three largest mills in Devon as recorded in the Domesday Book of 1086.