Assize Records 1288-1325 - Hartley-Kent: The Website for Hartley

These cases are all from the assize records held at the National Archives.  They are all civil cases concerning the possession of land. They relate to disputed possession, either by inheritance (mort d'ancestor) or by recent dispossession (novel disseisin).  This remedy was available to plaintiffs between 1166 and 1833.

The rolls are written in Latin, most of the Hartley cases have been translated in full. Those for Ash and Longfield are summarised. Most cases begin with explanatory notes.

PRO JUST1/372 folio 12

Grenewych assizes on the Octave of St Hillary, 16 Edward I (1288)

The assize came to acknowledge whether Walter Blodiner, uncle of John Eylnoth was seised in his demesne as of fee of 44 acres and 1 rood of land and 3 roods of wood, with the appurtenances in Hertleye on the day on which etc (he died). And whether etc., whereof John le Clerk of Horton holds 6 acres of land and 1 rood of wood therefrom; and Simon atte Wode holds 5 acres therefrom; and Alice, who was the wife of Robert Fauer holds 2½ acres of land therefrom; and John, son of Henry atte Silwro (?) and Simon his brother hold 3 acres therefrom; and Alarus Veysyn holds 1 acre of land and 1 rood of wood therefrom; and Alice daughter of Osbert holds 13 acres of land and 1 rood of wood therefrom. And all except the said Alice, daughter of Osbert, (said) that the said Walter, concerning the death of whom etc, had not died seised in his demesne as of fee; for they say that the said Walter had enfeoffed them thereof a long time before his death. And place themselves on the assize regarding this.

And the said Alice, daughter of Osbert did not come and she is to be summoned etc, and judgement is respited that she should be at Rochester on Friday nest before the feast of St Margaret Virgin etc.

Penman v Cydeleye and de Shotingden (1298)

Reference: TNA JUST 1/1311 folio 20

Thomas Penman vs Alexander de Cydeleye and Roger de Shotingden. Case of novel disseisin of free tenement in Redleye. Prosecution not proceeded with, therefore Thomas and his pledges of prosecution (Richard le Forester, Simon de Greneweye) are in mercy.

Reference: TNA JUST 1/1311 folio 31

Grenewych Assizes, Saturday after the "month" of Easter, 26 Edward I (1298)

William de la Holte and Margery his wife, and Alan de Holme and Rose his wife, who brought the assize of novel disseisin against Denise, who was the wife of Warin de Monte Canisio and others, of a tenement in Herteleye, did not prosecute. Therefore the said Denise and others (are discharged) "sine die". And William and the others and their pledges of process are in mercy, viz Hugh Child and Henry Francceys.

Reference: TNA JUST 1/1311 folio 94

Matilda, daughter of Walrandus de Southesshe, and Cecily her sister (20d) vs John de South Esshe and others in a plea of novel disseisin of a tenement in Essch. Prosecution not proceeded with, therefore they and their pledges are in mercy.

Reference: TNA JUST 1/1311 folio 114

William atte Holte (10d) and Margaret, his wife, who brought a writ of novel disseisin against Simon Passemer and others in the writ, concerning a tenement in Hertlegh, did not prosecute. Therefore the said Simon and others (are discharged) sine die. And the said William and Margaret and their pledges of prosecution, viz John le Rugle (10d) and John le Gymir (10d) are in mercy.

Reference: TNA JUST 1/1338 folio 4

Maidstone Assizes, Monday after St John the Baptist, 35 Edward I (1307)

John Cok and Katherine his wife, John Weyn and Joan his wife vs Michael Atte Cherch. Plea of mort d'ancestor of a tenement in Asshe next Stanstede. Prosecution not proceeded with, therefore they and their pledges are in mercy.

Reference: TNA JUST 1/381 folio 2

Dartford Assizes, St Hillary's Day 5 Edward II (1312)

John le Chapman of Horton and William, his brother vs Geoffrey le Clerk of Longefeld and Alice his wife, and William atte Wode of Faukham. Case of novel disseisin of free tenement in Longfeld, containing 1 acre and 1 rood of land. Defendants claim that Reginald, Alice's first husband, gave the land to the said William, who enfeoffed Reginald and Alice; Alice owned it when she married Geoffrey. Jury finds for defendants.

Reference: TNA JUST 1/385 folio 48

Dartford Assizes, Monday after Epiphany 16 Edward II (1323)

The assize came to acknowledge whether Edmund son of Thomas atte Wode of Hertley, the brother of Rose the wife of John le Clerk, and uncle of John the son of William atte Holte, was seised in his demesne as of fee of 1 messuage and 40 acres of land with the appurtenances in Hertley next Derteford, on the day on which etc (he died). And whether etc. And whether the same Rose and John are the nearest heirs of him, which messuage and land Matilda who was the wife of Thomas atte Wode of Hertlegh holds. And the said John le Clerk did not prosecute. And {fut' ?} to the court. Therefore separately etc. And it is considered that the said Matilda should answer to the said John and Wiliam for a half etc. And for the other half the said Matilda called for warranty William and Henry, the sons and heirs of Henry Passemer, who ought to be summoned in the county of Essex. And John the son of William said that they ought not to be admitted to call warranty, because she was the first who {imrasa ?} herself in the tenement after the death of the ancestor etc. And they seek that it be enquired upon by the assizes. And the said Matilda likewise. Therefore the assize is taken, but it remains to be taken to Friday after the feast of St James at Maidestan for want of a jury {suspl'orum et calu'p ?}. Therefore the sheriff is to have their persons at the said day etc. And additionally those as many and suchlike and by what etc. So that it does not remain (unheard).

(folio 32) Dartford Assizes on the Octave next after the Feast of Easter 17 Edward II

The assize came to acknowledge whether Edmund, the son of Thomas Attewede of Hertlegh, brother of Rose the wife of John le Clerk and uncle of John the son of William Atte Holte was seised in his demesne as of fee etc of 1 messuage and 40 acres of land with the appurtenances in Hertlegh next Derteford on the day on which etc (he died). And whether etc. Which messuage and land Matilda, who was the wife of Thomas Attewode of Hertlegh holds, who cames by summons etc. And because the said John le Clerk and Rose his wife reply (?) separately, it was conceded that they should reply to the said John, son of William etc as to half etc. And therefor the said Matilda shall reply and wall therefor at the warranty of William and Henry, the sons and heirs of Simon Passemer, who ought to be summoned in that county. And John, son of William said that the said warranty ought not to be called for. Because he says that she was the first who intruded on the said property after the death of the ancestor etc. And he places himself on the assize and Matilda similarly. Therefore the assize was taken, but remains to be taken to the said Friday at Wesse Mallingg due to the default of Henry atte Crouch, Andrew Pycard, William Clerk, William Fauer, Henry Launce, John Averay, Richard Launce, John atte Hoke, John de Pencomp', Clement de Hodesole, Walter de Sancto Dionisio, William atte More, Thomas Hayward, Richard Pyreman, John Thomas, Philip in the Lane, and William Child, jurors who did not come. And the sheriff is ordered that he should have their persons here at this day etc. And the sheriff replies that Henry atte Crouch is bailed by John Adam and Robert Russel; Andrew Pycard by John Joce and Robert Joce; William Clerk by Robert Stad and Henry Stad; William Fauer by John Joce and William Joce; Henry Launce by John Cod and Robert Cod; John Averay by Peter Prat and Robert Prat; Richard Launce by John Pot and Robert Pot; John atte Hoke by John Pety and Robert Pety; John de Pencomp' by Peter Adam and Robert Adam; Clement de Hodesole by John Punt and Robert Punt; Walter de Sancto Dionisio by Richard Ace and Robert Spery; William atte More by Adam Cobbe and Robert Cobbe; Thomas Hayward by Robert Ace and Peter Ace; and William Child by Peter Ace and Robert Ace. Therefore both they and their sureties are in mercy. And the Sheriff is ordered that he should distrain them by all their lands and chattels. And that for the revenues etc. So that he should have them on the said Friday at Wesse Mallynge etc. And the copy (?) writ is with the plaintiff and the original writ is with the sheriff.

(folio 34) Essoins (lawful excuses for non-attendance) at Dartford - case held over to next assize at Wesse Mallyng.

Reference: TNA JUST 1/385 folio 64

William son of Roger de Shotenden vs Walter son of Gilbert le Smith of Assch, case of mort d'ancestor re tenement in Assch next Frenyngham. Not prosecuted, therefore William and his pledges (Robert and Walter Bakere) are in mercy

Reference: TNA JUST 1/385 folio 89

William son of William le Taillour vs Robert de Mussinden, Dionisia widow of William le Taillour and Roger le Biet re whether defendants disseised him of free tenement in Assh next Derteford (1 messuage, 5 acres of land and 3 roods of wood). Defendants did not appear. Jury says the tenement was formerly held by William Neel who enfeoffed William le Taillour. After his death, Denise his wife enfeoffed William their son of 1 messuage and 3 acres of land of the total. The said Robert disseised him by force of arms, the remainder Robert recovered from William son of William. William son of William to recover 1 messuage, 3 acres. Robert to be taken for disseisin by force. The said William is in mercy for false complaint against the others.

Reference: TNA JUST 1/385 folio 106

Robert de Mossindenne vs William Taillour of Asshe, William atte Lanende, John Mendecome, Richard le Taillour, Robert le Bakere, Thomas le Bakere, John Prest, Robert Lance, Abel Launce, John Launce, Matthew Geldenyde, Philip Nehtam, John Neel senior and John Neel junior. Case of novel disseisin of free tenement in Asshe (2 acres of land and 1 acre of wood). They did not appear. Jury finds that William le Taillour, William atte Lane, Robert le Bakere, John Prest, and Abel Launce disseised him, others did not. Order for recovery, damages 10/-.