Ancient Land Dispute in Culcheth

Lancaster Assizes
6 October 1284

A watercolour of Lancaster Castle by Thomas Hearne in 1778

ASSIZES TAKEN AT CLYDERHOWE IN THE COUNTY OF
LANCASTRE ON THE OCTAVE OF S. MICHAEL IN
THE TWELFTH YEAR OF THE REIGN OF KING EDWARD
[6 OCTOBER 1284],
BEFORE JOHN DE REYGATE AND GEOFFREY AGUYLLUN, JUSTICES ASSIGNED.
 
Novel disseisin-
 
Cecily de Latun v. Richard de Kulchith, Gilbert his son, Robert de Ryselegh, Ellen his wife, Adam de Hyndley, Margery his daughter, Thomas de Hulecroft, Jennet his wife, Richard son of Thurstan, Walter le hom Thomae, Roger Brodew of Croft, Adam Godlowe, Ranulph de Croft, Henry de Howes, John son of Gilbert, Robert son of William de Kenyan, Hugh son of John de Heydock, John de Rachedale, Simon le fiz Brun, William de Barton, Augustine Attewode, Richard de Shawe. William Pore and Richard le Harpur
re the third part of a toft, 50 acres of wood and 59 acres of moor, in Culchith.
 
The eight first named defendants appear; the rest come not, nor were they attached, so the case proceeds in default. Richard says that he holds the toft and 30 acres of the wood in right of his son Gilbert, whose inheritance it is, and that he entered upon the third part of the toft by the concession and will of Cecily; and, as to the 30 acres of wood, that Cecily holds land to the value of her third part, at a place called le Rygges.
Robert and Ellen say they hold 20 acres of wood by grant (produced) from Cecily; Adam and Margery hold 20 acres of moor and pay 30s. rent yearly for the third part and other tenements they hold by grant from Cecily; and Thomas and Jennet similarly hold the rest at a rent of 26s.
 
Verdict for defendants; and further that Richard and Gilbert have set up a fence to the hurt of Cecily. Judgment accordingly, and the fence to be demolished at cost of Richard and Gilbert.
 
Cecily to gaol. Damages 2s.
 

Note: The Novel Disseisin (an action to recover lands of which the plaintiff had been dispossessed) was only abolished in 1833.

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