Page:VCH Lancaster 1.djvu/428

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A HISTORY OF LANCASHIRE to William Marshall, earl of Pembroke, to make his peace, Roger recovered possession of his lands of Oswaldbec and Wheatley, together with his other lands in seven counties/ But the sentence of excommunication promulgated against him in 12 15, was, in 1220, still being used by his enemies to his annoyance, until the king addressed a letter to the primate requesting him to surcease ecclesiastical censure against Roger.* The same year he obtained a warrant to the sheriff of Nottingham for timber in his demesne woods of Oswaldbec and Wheatley for the rebuilding and repair of his houses, which had possibly suffered destruction during the late troubles.' Early in 1221 he was appointed with William de Lancaster to lead the king's forces for the siege and destruction of Cockermouth Castle, then held against the king, as were those of Skipton and Skipsey, by the adherents of William of Aumale.* In March, 1225, he was obliged by infirmity to withdraw from service with the king at the siege of Bedford, leaving his knights there.^ He died in March of the following year,° and on 6 April, the castle and lordship of Hornby were committed to the custody of William, earl of Warenne,^ and Thorpe and Thonock to the constable of Chester. His other lands were also taken into the king's hand, except those belonging to the dower of Olive, his wife, who survived him.* Having no heir of his body, several claimants arose in co. Lincoln, making themselves his heirs. Their respective affinities were tried before Martin de PatshuU and his associates by a jury of 14 visors from this county, and 5 from co. Lincoln, at the eyre held at Lincoln in mid-September, 1226, when Henry de Monewden was found to be next heir ' (namely, son of Robert, brother of Henry, son of Robert, son of Agnes, only daughter of Roger de Montbegon, the elder, grandfather of Roger, then lately deceased),^" who was accordingly put in seisin of Roger's lands and of the eight knights' fees belonging to his barony, by writ dated 25 September," More than a year before his death Roger is alleged to have given the castle and manor of Hornby to John de Lungvilers, who is stated to have tilled the land, taking the grain and rendering a fifteenth of the grain and cattle to the justices sent to assess the fifteenth " granted on 1 1 February, 1225. Probably the true facts were as alleged in evidence in a suit in 1260, that John de Lungvilers intruded himself into the lordship after Roger's death. Although 1 CW ;?. (Rec. Com.), i. 339, 339*. 2 Ibid. 418. » Ibid. 423.

  • Ibid. 4743 ; Stubbs, CcmsM. Hiit. ii. 35. ^ Chse R. (Rec. Com.), ii. 24.

« Excerpta e Rot. Fin. (Rec. Com.), i. 140. 7 Fine R. 10 Hen. III. m. 7. 8 Chse R. (Rec. Com.), ii. 105^, 130. » Bracton's Note Bk. iii. 304. 10 Assize R. No. 482, m. 1 7. See Lams. andChes. Rec. Soc. vol. 37, pp. i44-6». The jurors from the co. were Robert Bussel, Richard de Thorington, William de Tunstall, John de Tuitefeld, Adam de Weninton, Richard de Wraton, William de Tatham, Alexander de Pilkington, Henry de Brodeshagh, Roger Gernet of Burrow, Alan de Penington, William de Milium, Gilbert de Kellet and John Gernet. 11 Excerpta e Rot. Fin. (Rec. Com.), i. 148. A writ, directing William, earl of Warenne, to give Henry de Monewden possession of Hornby Castle and manor, dated 13 February, 1227, states that the jury who gave a verdict before Martin de Patshull and his fellows were afterwards convicted by 24 of co. York and 1 2 of CO. Lancaster of a filse oath, the said 36 jurors finding before the same justices in eyre in co. Lincoln that Henry de Monewden was next heir of Roger de Montbegon (^Pat. R. 1225-32, 1 10). The other claimants were (i) William de Ros, Adam de Tid and Thomas de Scoteny, claiming descent respectively from three daughters of Roger de Montbegon, senior, namely, Beatrice, Agnes, and Emma ; (2) John de Mikeham, Robert de Talewrth and Robert de Hamesden, claiming descent respectively from three daughters of the said Roger, namely, Maud, Beatrice, and Emma ; (3) John de Cume, claiming descent from an only daughter, Maud ; and (4) Adam de Beri (Bury, co. Lane.) claiming descent from Alice, daughter of Adam de Montbegon, son of Roger, senior. The jury (of 19) found that Roger, senior, had but one daughter, Agnes, from whom Henry de Monewden descended, as above stated. Assize R. No. 482, m. 17. 12 Assize R. No. 482, m. 17. 324