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Courts. There were three types of
court below the Kings Court Eyre, which travelled the country giving judgement
on the more serious cases. The first of these
was the Court Leet. This was a purely local court, which gave rulings on the
Estate of the Lord of the Manor. It was attended by the villeins and was
generally conducted by the Steward of the estate. He was the sole judge there
was no jury. The next court was
the Barons Court; the Manorial court if you use its other name. This was a court
for the freehold tenants of the estate who were legally obliged to attend. There
was a jury, which was picked from amongst their number. To hold a Barons Court
there had to be a minimum of 2 freeholder tenants. No freeholders; no courts
Baron and no Manor only a court. Manorial Courts were also allowed; but not
always granted, other rights. The right of Infangtheof, which was the right to hang a man,
caught with his theft in the Courts Manorial Estate. The right of uitfangtheof
the right to hang him wherever caught if caught with his theft. The thief still
had to be tried. At the Baronial Court. Another right, which
was granted, was the Assize of Beer and Bread. This was a court, which was held
with the power of enforcing the set prices for the sale of bread and the size of
the loaf, and the price and quality of the beer on sale. The law stipulated that
twice yearly the Sheriff of the county would visit every hundred to see that
everyone was in Tithing. (Frankpledge) He also took the presentment of offences
( a sort of superior magistrates court) and referred the serious ones to the
Kings court. Frankpledge was the law,
which said that people over the age of 12years must be in their tithing. In this
way there was a surety that he would keep the peace. The Tithingman and the
other people who were there would suffer fine if he did not. (Community
responsibility) Exceptions were those who
had property. This would act as a cash pledge of good behaviour (see case nos
383 and 761 as examples) Cases to the Court of
the Kings Justices had to be made correctly. If it was not presented properly
time could be lost. Therefore those who served warrants to attend the court were
responsible to see that the plaintiff or complainant attended. If they did not
the person who was responsible was fined. If a complainant stated their wish to
prosecute and later did not attend they were fined. If the Jurors did not know
their business they were amerced or fined. Example:-
Walter the Scott [scotticus] Roger Andrew and Nicholas Payne are arrested
for larceny and come and defend everything and put themselves upon the county. The jurors say they are not
guilty so they go quit. And because they were brought before the justices by the
said jurors and they (the Jurors) did not know their names therefore judgement
on them (the Jurors) Court Cases and Land
Transfer in the area. 1st an example in the
original and then modernised. Somerset Record
Office QS/R Document Number 85/77 1609 The original early
spelling. The inform and of Joseph
Hort of Combesburye in ye Countie of Somerset yeoman given before Sir Robert
Philyppes Knighte this seventh of April 1609 He say th yt his brother
William Hort dwelling in Cleeve in ye parishe of Yatton in ye foresayed Countie
had stolen out of his grounde neer unto his howse on Candelmas eeve last past a
baye mare with one white foot behind worth about five pounds and he further
Sayth yt there was dwellinge in ye sayde Combesburye one Morris Raye and Mathewe
Browne lewd and idle persons who were then suspected to have stolen ye
aforesayed mare, because they presently upon ye losse of her did leave there
habitad, and were not hird of untill this presant and he further Sayth yt one
Roger Coxe of Axbridge in ye Countie aforesayd roape maker beinge to Yeville
market did give him and his sayed brother notice of his sayd brothers mare being
sold to one of Yeveile whereupon he together with ye sayd Coxe came to Yeoveile
aforesayd and there did arrest one Richard Prince to whom this mare was pawned
or sold upon suspicion of fellonie And he further sayth yt ye sayd Richard
Prince had sold ye sayd mare to one Robert Plucknett of Milborne Porte in ye
aforesayd Countie to whom they went for ye mare but he had sold her to one they
know not, but they had found ye mare in a ground at Goatehill a mile beyond
Shirbourne in ye Countie of Dorset. The transcription to
modern terms. The information of Joseph
Horte (Yeoman) [Farmer owning his own farm] of Congresbury in the County of
Somerset given before Sir Roger Phillips (Knight) [not Baronet] the 7th April
1609 He said that his brother
William who dwells in the village of Cleeve near Yatton, had had stolen from him
on 3rd February last, a brown mare with one white foot, which horse was worth
the sum of five pounds. Furthermore there was
dwelling in Congresbury at that time two people, Maurice Ray and Mathew Brown,
who were suspected of stealing the same horse, as they were known to be idle and
lewd persons and had disappeared from Congresbury shortly after the horse was
stolen, and did not reappear until only a short time ago. However Roger Cox a
ropemaker of the town of Axbridge had seen the horse sold at Yeovil Market, and
so he and Roger Cox had gone to Yeovil and traced Richard Prince to whom the
horse was sold, and they arrested him on suspicion of felony. Richard Prince
however had resold the mare to Robert Plucknett of Milbourne Port, he in turn
had resold again and they did not know to whom. They finally found the mare
grazing in a field near Goathill near Sherbourne in Dorset. 1159 approx. Bruton and
Montacute Cartularies. Bruton undated no
119/fol 49 Grant by John de
Clyvedon and Agatha his wife and Matthew their son. For the good of their souls
and for their parents. To the Chapel of St. Lawrence in the parish of Middleton.
of 4 acres in one year and 3.5 acres in another year, 2 of which acres are near
the said Chapel towards the East in Rigarstone. and a fourth by the cross at
Henngrave. They also grant the run of 1 horse, 2 oxen and 2 cows, in the fenced
land besides the use of the common pasture. Testibus
Radulfo de Clivedon, Adam Walensis, Henry Bastard, Adam de Hengrave. [comment:- Wick St.
Lawrence?. Rigarstone =
Rolstone? At this time the de Clevedon's held land also at Aller, Yeovilton and
Milton Clevedon, the last not far from Bruton. It was the granting to various
abbeys and etc. of small parcels of land often a fair distance from the original
place that led to the general confusion of lands held by the parent bodies.] 1159 approx.
Bruton no 117 fol 47 Grant by Hawise sister of
Rot (Burnell) Bishop of Bath. With the consent of her husband Willm de Clyvedon
and the assent of her daughter and heir Matilda and Osbert Dineis her
(daughters) husband for the good of her soul and of the souls of her parents. To
the Canons of Bruton of her 2 bondsmen Selewin and Alvred (nativos) and all
their lands to wit 2 ferlongs (ferdingi) in almoin. [comment:-
Bondsmen = Slaves or so it would appear.] Elyas son of Richard
seeks against Mathewe de Clivedon whom William de Clivedon vouched to warranty,
and who warrants him. One virgate of land with all the appurtenances in
Hemmgrave as his right and etc. And which Richard father of Elyas was seised of
as fee and in the right in the time of King John. Taking thereof profits to
the value of half a mark and that from him Richard the right in that land
descended to this Elyas as son and Heir. And that such is his right etc., He
offers etc., And Mathew comes and
defends his right now and otherwise etc., And says that he ought not to answer
him on this right etc. because the aforesaid Richard his father under whose
seisin he claims was a thief and notably of 3 stolen hogs [baconibus] in the
hundred of Whytston and suffered judgement in the court of the Abbot of Glaston
and was Hanged. And that it was so he puts himself on the county. And Elyas says that at the
time aforesaid of King John and the war he [Richard] was captured in the hundred
of Whyston as he followed his cattle which had been taken by robbers and by Hate
and Spite and not by Judgement he was Hanged. And that so it was he puts
himself upon the county and Mathew does likewise. Therefore let a jury be made
thereon and afterwards they are agreed and Elyas gives half a mark for a licence
to agree by pledge of Thomas de Boreham.. Somerset Record Society
Publication. (S.R.S.P.) fol24 At Ivelchester
Thursday next after the Purification. Between John de Cricheston claimant and
John de Ken tenant for a Hide of land in Clivedon. Assize of Mort d Ancestor
was summoned. John de Cricheston acknowledged the land to be the right of John
de Cricheston to hold for his life, by the service of a fifth part of a
knight’s fee. And after the death of John de Cricheston the land is to revert
to John de Ken. [Comment:- Cricheston would
have been Christon in the Winscombe valley] S.R.S.P. fol59 At Westminster in
octave of St. Yllar between Matthew de Clivedon claimant and John de Ken tenant for two knights fees in Ken
and Hiwis when a duel in arms was waged between them in the court. Matthew
acknowledges the two fees to be the right of John to hold from Matthew doing
therefore service of two knights. Except regal service as much as belongs to a
virgate and eight acres of the same land. For this John granted Matthew one
virgate and eight acres of the same land in Hiwis namely thirty two acres and a
messuage which lie in a field called Amerham held by Matilda widow and forty
acres lying in the same field next the thirty two acres to hold of the chief
lord of the fee by the service which belongs to that land. Besides John gave
Matthew ten marks. The fight was waged in the
court "in a space of 20 paces square" before the judges. "The
antagonists met bare legged from the knees downwards bare headed and bare to the
elbows. Some-one carrying for each a red staff of an ell length (a little
shorter than four feet) and another a leather shield. Making three bows to the
Judges the fight began and the final judgement was given according to the
issue." Extract from 'Pedes Finium'
county of Somerset. Somersetshire pleas.
S.R.S.P. fol 312.
The assize comes to recognise whether John de Ken has unjustly and
without judgement dissiesed Herbert de Ken of his free tenement in Clivedon
since the last, & etc. And the bailiff of John de
Ken comes and says that the assize ought not to be held because the tenement
remained to John by reason of a fine made in the court of our Lord the King
before the Justices in Eyre at Ivelchestr between John and John de Cricheston
eldest brother of the aforesaid Herbert.
By which fine the tenement remained to John[de Ken] as his right. So that
nevertheless that John de Cricheston should hold it for his life and after his
death the tenement with its appurtenances should revert to the said John de Ken
and his heirs, quit of him [John de Cricheston] and his heirs. Moreover the same Herbert
conceded that he never was in seisin thereof except by intrusion. Therefore let the assize
remain and John go quit thereof And Herbert is in mercy. [Herbert is subject to an 'Amercement'
or fine. Was this someone who was
'trying it on' It is lucky for John de Ken that all land transactions at
this time had to go through the kings courts. in this way there was a record
which could be checked.] S.R.S.P. Matilda wife of Matthew de
Columbaris puts in her place Adam de Bekkesgate against Nicholas son of Roger
and Matthew de Clevedon on a plea by what right etc. fol651
Nicholas son of Roger, and Matthew de Clevedon were summoned to answer
Matthew de Columbaris and Matilda his wife on a plea By what right they claimed
common in the land of Matthew and Matilda in Wrokisall (Wraxall) in as much as
Math. And Matilda have no common land in the land of Nicholas and Matthew and
nor do Matthew or Nicholas do service to them for which they [Nick and Math.]
ought to have common in their land. And Nicholas does not come and etc.
therefore let him be attached against the next coming of the justices into the
county of Dorset. And Matthew comes and craves a view and let him have it. The same day is given them
and let the writ remain with the sheriff. [To crave a view was to have the piece
of land under dispute pointed out on the spot. A delaying tactic, which could be
carried on for several months possibly even a year.] [He did not go through the
correct procedure therefore he was found in what would be called nowadays
'contempt of court'] 1242-3Plea and assizes at
Yvelchester. the hundred of Yhatton
comes by twelve. fol 755 roll 756. Richard Le Teler of Yhatton
was killed on the Kings Highway of Yhatton in the night. And John Wynne of Clive
fled to the church of Yhatton and confessed- And he has Abjured the realm. No other is suspected. His
chattels, which were worth 18d. J
Bishop of Bath took. (Afterwards it was testified that the chattels were
committed to William the tithingman) --'and now they have them not' Therefore
they are in mercy. No Englishry was presented
in the county (court) therefore murder. And the (12) jurors present not finding,
and moreover, falsely presenting, Englishry.
Therefore all are at mercy. And John Wynne was in the tithing of William the the
tithing man of la Wyck. Therefore it is in mercy for the fight This was a law brought in
by the Danes originally and found by the Normans to be effective in preventing
violent resistance to the
occupation. As it was also a source of revenue it would not be dropped from the
statute books lightly. (No Englishry was presented at County) so all are at
mercy, (Fined) 40 marks to the King and 6 marks to relatives.. Deodand. Any property of
any sort live or dead, which caused accidental death. Is confiscated and sold by
the crown. Example If a man is climbing a ladder and a rung breaks and he falls
and dies the ladder becomes DEODAND. If he is accidentally run
over by a horse and cart and dies. The horse and cart become deodand.] fol 153 Stephen Hedeney was killed
at Kingeston, and Peter the Fowler and Gilbert his brother were accused of that
death. It is testified by the whole county that he was killed at the time of the
war. And the coroners testify that this was so. Therefore they had nothing.
Moreover, the judges afterwards come; before whom nothing was done concerning
that death, nor was any mention made of it. Therefore the twelve jurors are in
mercy for false presentment. And the township of Kingestone is in mercy for
default. [comment:- It seems as
though the 'Township' of Kingston was attempting to put one over on the Judges;
and clear up a matter about which they had been negligent. As it seems that this
should have been reported amongst the cases to the Judges at the previous Eyre.
Moreover, the judges afterwards come; before whom, nothing
was done concerning that death nor was any mention made of it The
justices had visited on the eyrie court before the case was brought to court but
after it had occurred. The Judges afterward come, (after the murder) before
whom, nothing was done concerning that death nor was any mention made of it.
Difficult to understand at first because of the archaic grammar, which was used.
This is because originally it would have been written in Latin and when later
translated for the Somerset Record Society Publication from the official
parchment rolls, no doubt they tried to keep it in its first form] Walter Gene was killed in
the field of Wike (This could be either Wick St. Lawrence, or Court de Wyck
Claverham, an outlying parish of Yatton.) and William son of Thomas de Backwell
and Roger his brother who belonged to Bridecumbe were accused of that death. But it is testified by the
whole county that, that enquiry was elsewhere terminated, before the Justices on
the last Eyre. Neither the coroners nor the others know anything positively;
therefore nothing is done in the matter for the present. fol 54 At Ivelchester in the
quindine of St. John the Baptist. Between William Freeman
claimant and William Le Fleming tenant for three virgates eighteen acres and a
half of land and two acres of meadow in Jacton. (Yatton) William Le Fleming gave
him twenty shillings sterlings. 1257 Bath Cartulary [Lincolns Inn Manuscript] Wells 5th id April Page 35 fol 160 Inspeximus by Thomas; Prior
of Bath & etc. of letters of Willm. Bishop
of Bath & Wells .That the Abbey and convent of St. Augustines of Bristol
have solely propounded before him and the charterhouses of Bath and of Wells
their charters relating to the churches of Portburi, Tykenham, Clivedon, Werre,
and Poulet, and that he moved by divers reasons and that they may be able to
entertain the poor that flock to
them assents to these charters. Reserved a competent support to the vicars. (An Inspeximus was the
re-examination of a charter or agreement, which already existed.) 1257 follow on note to
above, Bath id April Assent of Thomas, Prior and
etc. notes the importance of St. Augustines as a place for the hospital for the
poor who as this house stands on a common road (portu) come hither in great
multitudes. 1267-8At Ivelchester octave
of St. Hillary fol 99 Between Stephen son of
Henry de Wurdenhall claimant and Thomas Malreward tenant for fourteen acres of
land in Northken Stephen quitclaimed to Thomas all his right in the land.
For this Thomas gave Stephen ten marcs. 1295-624th Edward 1st fol 34At Westminster in the
octave of St. Michael. Between John Le Pyk and
Letitia his wife deforciants for a messuage and three acres of land in Northken
juxta Jatton. Plea for covenant was summoned. John and Agnes acknowledged the
right of John Le Pyk as that which John Le Pyk and his wife Letitia had by their
gift. To hold of the Chief Lords of that fee; and they warranted against all
men. For this John and Letitia
gave them 5 marcs. [Endorsed;--- William Cole
of NorthKen put in his Claim.] [The Pike family was still
farming in Kenn in 1980. The Cole Family will be the Cole of Cole House. An
heiress daughter later in history married Sir John Knight ex Mayor of Bristol in
1600's. He took leases on much of the farm land of Clevedon from John Digby Earl
of Bristol] 1305 Edward 1st April 7th Commission of Oyer &
Terminer to John de Burteurte, William Haward, Peter Malorre, and Nicholas
Fermbaud, on complaint by William Randolf, late mayor of the town of Bristol,
that Thomas de Berkleye and Maurice de Berkley, usurping the fee and lordship in
the street of Radeclivestrete in that town, maltreated the burgesses of that
street because they refused to do suit or answer for trespasses committed there
at the court which the said Thomas & Maurice claim to have in
Radeclivestrete; and because the mayor defended the said men and burgesses as he
ought against the said Thomas and Maurice, they and Mathew de Clivedon, Roger de
Staplebrigge, Walter Le Bailey [Bailiff or Steward] of Clyvedon, Walter Le
Baylivesman [Bayliffs man] of Clyvedon, Thomas Le Baylif of Alre [Aller one of
the De Clevedon's manors], John son of John Bisshop, Walter Pach, William Vreure,
John Makebost of la Hulle, Stephen Le Muner of Clyvedon, William Sengle, Anselm
Le Muner of Wynfrid, Thomas Le Messer of Walton, Roger Mayel, John Notelyng,
William Le Henton, clerk, Robert Sturdy, Walter 'Rogersclerk de Staplebrigg'
John de Spayne the younger, Roger de Aldewyk (Aldwick near Wrington), Richard
Huntpage, Adam le Messer of Wrington, John Pent, Nicholas de Coriet, John Wyther,
and Peter de Bradestone, with others assaulted him in the fair of Dundrey at
Chyu, and broke his shins so that the marrow came out. [The de Berkely's of
Gordano and Portbury had obviously had help from the local landowners, in order
to try to quell the expansion of Bristol Town out into the countryside] 1318 4th June Roger Sampson priest
instituted rector of Stoke-super-Mare. vice William de Clevedon (deceased)
Patron Andrew de Brumpton. 1318 6 July Bishop
Brockenfords register fol 163 Beverston Will de Goyedeneland Priest
instituted to a moiety of the Chantry of La Hildehall pat Sir John de Clyevedon. 1318 16 June Bishop Brock
fol 253b Banwell Bishop admitted
Henry Fisher to a moiety of the Chapel at La Hildehall in Clyvedon patron Sir
John de Clyvedon Kt. 1321
2nd April Bishop Brockenfords register fol 171A Wiveliscombe The bishop absolves Sir
Matt de Clyvedon [one of his own attendant knights] from a ban of
excommunication. Incurred by violence to Simon Savauge by abstracting him from
Chard Church. The offender had previously made satisfaction to Simon Savauge and
sworn to abide injunctions. [Matthew had presumably
sworn knightly behaviour when he was knighted. Would the 2nd swearing be any
more sound?] 1322 29th Dec. Bishop
Brockenfords Register. Two sons, Edmund and
Matthew of Sir John de Clevedon and John de Ken Matthew de Clyvedon to
Aller. [Ordinata primura tonsura] first Sunday in Epiphany. [Mathew was made the
incumbent for Aller. He would
probably have employed some one to do his job for him. In Victorian times this
happened with many of the ecclesiastics in the universities. They would get a
stipend which would pay for a curate who did their work for them and also leave
them enough to live on whilst they took their doctorates etc.] December 2nd 1322
King Edward 2nd Commission of Oyer &
Terminor to John de Bello Campo of Somersete, William de Bourn, John de La
Fosse, Peter Colswayn, on complaint by John de Clyvedon touching the persons who
broke his park at Clyvedon co Somerset. 1332. Bath
Cartularies. page 139/281 fol 735. Chyu
[Chew now a small village near Clevedon then a place larger than Clevedon in
size and one of the residences of the Bishop of Bath & Wells] Thurs. next
after the feast of the Blessed St. Mary. 5th year of Edward 111 Inspeximus by Thomas Prior
and etc. of a Charter by Ralph, Bishop of Bath and Wells. Granting Richard de
Clivedon for the term of his life, all that tenement with lands meadows feedings
and pastures; which John de Acres and John son of Robt de Strode lately held by
grant of John formerly Bishop of Bath and Wells. In Pottyngthrop in his manor of
Banewell and which Alice Offre held before the said John and John in villeinage.
1330 Edward 3rd 1334 March 13th at
Woodstock Commission of Oyer &
Terminor on a complaint from William de Upton of Shrewsbury 'taverner' that
whereas he & other merchants
had freighted at Bordeaux a ship 'Le Mariote' of Hook. whereof Henry Tollere was
master, with wines & other merchandise for Bristol, the ship on the voyage
was driven ashore at Goldeclyve [Goldcliff, on the Welsh Coast opposite] by the
violence of the sea, when 'notwithstanding that those in the ship escaped alive
to Clyvedon, & John Spicer his servant, one of these'; followed &
claimed 20 tuns of wine worth 100/ & other goods from the ship, which had
been washed ashore by the river Severn at Goldeclyve, Asshe, Clyvedon, Walton,
& Portsheved. Philip, Prior of
Goldeclyve and others including Nicholas, Parson of the church at Portsheved,
John le Capyere of Walton, John Porterose, Laurence Mareschall, Robert Le Mazoun
of Portsheved [Portishead] &
William his brother & others
carried away the wine & goods. [The Marshall family still
lives in Portishead today. (‘Notwithstanding that those in the ship escaped
alive to Clyvedon, & John Spicer his servant, one of these') This comment
was caused by the fact that the law stated that if people came ashore from the
wreck alive it was not ordinary shipwreck 'Flotsam and Jetsam' but salvage and
must be returned to the owners for reward. This is the reason that the Cornish
and Devon 'wreckers' killed every living thing on those ships which they wrecked
with false lights etc. Even to the ships dog or ships cat if they came ashore
alive. This did not happen in North Somerset probably only because we have
mostly mud flats and very few rocky coasts] 1336 Sir John de
Clevedon Deceased...... successor Edmund de Clevedon. (Clevedon Milton, Clevedon,
Aller, and Yeovilton. were the manors at that time held) see Som. Arch Proceedings
part 2 pp27 ff cf114. 1339 May 11th King
Edward 3rd Commission of Oyer &
Terminor to William de Shareshull, John de Mere, & Ralph de Middleneye, on
complaint by John de Urtiaco that Robert de Clivedon, Knight; Robert de
Brockhampton; Henry Scathelok; Geoffrey Saleman, chaplain; & others carried
away his goods at Langport [Langport is very close to Aller in South Somerset
where the de Clevedon's had a manor.] & assaulted his men & servants. [This is typical of
medieval times in England.] 1358 Edward 3rd April 26th Commission of Oyer &
terminor to William de Shareshull, William de Notton, John de Stouford, Henry de
Motelowe, Richard de Birton, Hugh de Aston, Henry de Percehay & Simon de
Kegworth, on complaint by John Malewayn that whereas he had lately caused a ship
of his called 'la Juliane' of Hampton to be laden in Gascony with wines for
England & the ship on the voyage was by mischance broken at Les Holmes
within the Port of Bristol & cast ashore with wines and other goods therein
at Uphill, Weston [Weston-super-Mare], Sonde [Sandbay], Kyngeston [Kingston
Seymour], Clyvedon, Walton [Walton-in-Gordano], Northweston [Weston-in-Gordano],
Capenore [a hamlet farmstead at Portishead], Portebury & Portsheved
[Portishead], co Somerset, & Seynte Katerine Pulle [St. Katherine's Pill (a
Pill is a Creek)], co Gloucester, although the master & the mariners of that
ship escaped to land alive, Nevertheless William Rodeney, William Crisp, John
Crokkere, Hankin Crokkere, Robert Cok, John White & others, carried away 100
tuns of his wine worth 500/ [Marks, one mark was one third of a pound] and the
sail, cables, anchors, & other gear of the ship & other goods as well as
200/ in money by tale cast ashore from the ship and maliciously broke 20 tuns of
his wine cast ashore, whereby he wholly lost the wine therein. for 20s paid in the
hanaper. 1360 20th June Pardon to John Wade of
Nayleseye, in the company of Guy de Bryene of the King's household, for having
carried away between the towns of Saltford & Twyverton 20 pieces of woollen
cloth belonging to Peter de Taunton, John Haukere, John Cornwaile & William
Lumbard, and driven away two horses of theirs 1364 Sir Mathew de Clevedon
and son John witnesses for Athelney Abbey in land deed. 1377 Richard 2nd Patent Rolls of Richard II
Appeal against attempted murder at Claverham July 13th 1380 Commission of oyer &
terminor to Robert Bealknap, Thomas de Hungerford, knight, John de la Mare,
knight, Walter de Clopton, knight, & Robert de Palton, on a complaint by
Joan Ledeneye a poor widow, John Leverich, the elder,
John Leverich, the younger, William Cole, Walter Herewen, Laurence 'Johnanservaunt
Leverich the elder' John Taillour & others lay in ambush to kill her at
Claverham co Somerset. That she might not prosecute her title to lands unjustly
occupied by John Leverich, the elder, who was constable & keeper of the
peace there, and assaulted her. for 1/2 mark paid in the
hanaper & for God. 1377 Richard 2nd page 31 1377 Oct 10th
Westminster Presentation of William
Dorsete, parson of the church of Bradele in the diocese of Winchester to the
Chantry of Clyvedon alias le Hildehall in the Diocese of Bath & Wells, in
the Kings gift by reason of his custody of the lands & heir of Edmund de
Clyvedon, tenant in chief; on an exchange of benifices with Richard Tyntevell,
chaplain. page 71 Nov. 27th
1377 Presentation of William
Dorset, chaplain of the chantry of Clyvedon in the diocese of Bath & Wells
to the vicarage of Karesbrok in the isle of Wight, in the diocese of Winchester,
in the Kings gift by reason of the temporalities of the alien Abbey of Lire
being in the kings hands on account of the war with France; on an exchange of
benifices with William Haule The like of the said
William Haule to the said chantry of Clyvedon in the kings gift by reason of his
custody of the lands & heir of Edmund de Clyvedon, tenant in chief on the
exchange aforesaid. 1380 Richard 2nd 1 Richard 2nd part 1 page 453 1380 April 7th Presentation of John Gryme,
vicar of the Church of Letecombe Regis, in the diocese of Salisbury, to the
chantry of Hidehall in Clyvedon, in the diocese of Bath & Wells, in the
Kings gift by reason of his custody of the lands & heir of Edmund de
Clyvedon, tenant in chief; on an exchange of benifices with William Hanley
chaplain. 1383-4 Richard de
Clevedon son of Mathew gives assent to transaction at Stathe near their holding
of Aller. 1389 Richard de
Clevedon one of five impartial judges who sat in a land dispute between the
Abbey of Athelney and Richard Lyf It was in the 14th
Century that some of the land of the 'marsh' began to be assarted. Looking at
the 1883 6 inch to the mile, Ordnance Survey Maps it is easy to see where this
happened. Fields in the area show the
typical shape of fields carved from the manorial waste rather than those laid
out on land which has merely been enclosed. Studying
the field shapes on the maps 4 & 5, shows clearly how the lower fields of
Clevedon were gradually brought into being. Fields numbered 550 to 553 are part
of what was originally called the Great Ham. As can be seen from the straight
lines of the subdivisions it was divided up well after its first clearance from
the waste. The same applies to the fields immediately South of field’s number
696-697. These were in all probability made into individual fields from the
great common arable fields. The fields demarcated by the black arrows 554-558
are part of the wasteland known as the Stroud, which lay between two of the
original river courses prior to canalisation. In map 5 the first assarting of
the area called Clevedon Marsh shows in the irregular shapes of the fields to
the East of the Rd. The first of the thick dotted lines is the line of the first
East Sea Wall as the line of the early rhine and banked ditch was called. This
kept the cleared area comparatively well drained from the floorwaters of the
moorlands. A second series of assarts then shows beyond this, with the final
bank and rhine having straight lined field boundaries West to the assarts and
the area to the East showing only the straight dividers of the modern fields. A
tentative dating for this can be given. A small farm Tutton Farm shows at the
top of the first sea wall. This had incorporated into its structure a 14th
Century doorway. In the North of the field marked 763 to the East of the point
where the 20 O.D. mark is, there was a farm in the Tudor period. The field is
called Burnt House, and pottery coming from the garden of a house built in the
1960's confirms Tudor dating of the house, which originally stood on the spot.
It is therefore a safe assumption that the first assarting was done up to the
1400's and the second was completed by the 1550's It is significant that even
as late as the first National Census of 1841 the area of Tutton Farm was known
as Clevedon Marsh and is shown as such on the survey. [D B Lilly covers this
more fully in the essay Early River Systems pt1] Tutton Farm is now gone and
was on the site of the Yeo Moor School playing field With the making of the East
Sea Wall there was also an assessment of the amount of maintenance work that
each landholder was expected to do. Measured in feet it gave the required length
of the West Sea Wall and the East Sea Wall, which went with each farm holding. 1485 Henry 7th Patent rolls page 237 May 10th Westminster Grant
in Tail Male at the rent of a red rose in midsummer, to Humphrey Stanley, Knight
for the body, of a moiety of the manor of Clivedon, co Somerset, forfeited by
Roger Wake, attainted of high treason under an act of the Parliament held 1st
year, Henry 7th Sir Edmund De Clevedon in
the reign of Edward the 3rd was the last of the male line and the land passed
through his daughter, to her husband Edmund Hogshaw (1409).
" Which Edmund Hogshaw died, seized of (possessing) the Manor of
Clivedon, and divers other lands, late in the possession of the family De
Clivedon, in the 14th year of, Richard 2nd, leaving no issue, whereupon the
lands were divided between Sir Thomas Lovel,[1] Knight, the husband of Joan, one
of the sisters of the said Edmund Hogshaw; and John Bluet, the husband of
Margery, his other sister; in which partition the manor of Clivedon with all his
rents there, and in Tickenham, Langford, and Kingston Seymour, were assigned to
John Bluet & Margery his wife" shortly after. "The said John Bluet
conveyed all his right in this manor to Sir Thomas Lovel, [2] Knight, son of Sir
Thomas Lovel [1] above mentioned, which Sir Thomas, [2] at his death, left
issue, a daughter and heiress - Agnes Lovel, married to Sir Thomas Wake, Knight,
Gentleman of the Privy Chamber to Edward the 4th.". Sir Thomas Wake's son in
the time of Richard 3rd; Sir Roger Wake, supported the king, and was therefore
attainted with treason, by Henry 7th. See 1485. After the defeat and death of
Richard 3rd at Bosworth Field; Henry 7th; first of the house of Tudor,
confiscated the lands of most of the supporters of Richard. The Wake family
suffered by being on the wrong side, He recovered the Estate by public
repentance and was returned most of his lands including Clevedon, He settled
Clevedon Court and its 'capital pension and divers lands and tenements' on his
second son Richard Wake, son of a marriage between him and Elizabeth daughter of
Sir William Catesby, Knight, of Northamptonshire. Richard had several children
of whom John Wake, [1] the eldest, married Elizabeth, daughter of Sir Edward
Gorges, Knight, [of Wraxall] and inherited Clevedon Manor. John Wake, [2] eldest son
of John Wake [1] married Margaret, daughter and heir of Robert Goodwin Esq. of
Portbury, Their son Sir Baldwin Wake was created a Baronet by James the 1st. and
married Abigail, daughter of Sir George Digby, Knight, of Warwickshire.
From the Baronet's son, Sir John Wake, [3] the manor came into the
possession of John Digby Earl of Bristol; then see later the history of Elton
family. Being to one side of the main route to the south, Clevedon did
not get very much disturbed in the various minor wars. There was no need for
fortification although there were several small Motte and Bailey castles in the
area within a 10 mile circle, there is marked on the map of Clevedon on the top
of the hill above the Court, a point known as Wake's Tower. It is quite possible
that this was a defensive position set up during the King Stephen v Matilda
& Henry civil wars. Nevertheless, the only
large castle was at Bristol where it guarded the river crossing of the Avon.
Most of the isolated houses in north Somerset had wide defensive ditches around
them if there was any need for protection. Barbary Coast pirates mostly did this
in the 1600’s when the Bristol Channel was getting raids. There were also
pirate strongholds on the islands in the channel at various times. Smugglers
also had a very good coast on which to bring ashore their cargoes. The
shallowness of the Bristol Channel and the narrow passages for ships still show
today, when the tide is right out. There were several appeals to the King's
Justice, in Medieval times, against cargoes stolen from wrecked ships. Page 228 June 12th Westminster Grant in Tail Male to the
Kings servant John Crokker Esq. of the remaining moiety of a moiety of the manor
of Clyvedon, co Somerset. forfeit by Roger Wake attainted of High treason in the
Parliament held 1st year Henry 7th One moiety of which manor had been granted in
Tail Male 10th May 3rd Henry 7th (page 237) to Humphrey Stanley Knight to the
body; & a moiety of the other moiety in Tail Male to James Parker, a knight
for the Kings body, 11th June 3 Henry 7th (page 236) Page 236 June 11th
Westminster Grant in Tail Male, at the
rent of a red rose at midsummer to James Parker, knight for the body, of a
moiety of the residue or other moiety of the manor of Clivedon, co Somerset,
forfeited by Roger Wake, attainted of high treason under an act of the
parliament held 1st year of Henry 7th, one moiety of which had been granted in
Tail Male 10th May 3rd year Henry 7th (page 237) to Humphrey Stanley knight for
the body. June 12th Westminster Grant in Tail Male of the
remaining fourth part of the manor of Clyvedon co Somerset 1497 Item from will of
William Russel of Clevedon. 2nd April 1497 I give and bequeath to John
Russell and John Preest my tenement called Persevals (Barrow Court) in the
Parishe of Tikinham during my term of yeres. 1559 John Bulbeck married
Elizabeth daughter of Richard Wake. 1663 104/7, 8, 9 Richard Higgins wife
accused Elizabeth Batting of burning "her husband's hovel which he had
erected near his dwelling house and with a stick of ffyer did kindle the
covering of the said hovel and set it on ffyer and that there was burnt with it
an old coverlett, a basket to carry cole, a handbarrow, a smock and 3lbs of wool
and yarn and a waistcoat and an apron and that this was done after the sunn was
set." Elizabeth Batting in her
turn did "deny that ever she did burn the pig's hovel of Richard Higgins of
Tickenham or did know any thing how or by whom it was fired." Somerset Archaeological
Society Proceedings 1881 Page 31 Mr Green:- excerpts
from his dissertation on the 1667 flood. There was in Clevedon a
farm known as Perry's Marsh Farm worth about œ80 a year. And there belonged to
it a large piece of ground called The Warth adjoining the seashore on the river
Severn, but about seven feet higher than the shore, forming a natural bank of
earth against the sea, and which had never been repaired by anybody. Within this marsh ground
was a ditch and a bank about three feet high, forming a second barrier. The sea
in 1667 destroyed the outer bank and carried away about 4 score acres, several
feet in depth, and not only were the other 40 acres left threatened with
destruction, but the Marsh Land was also in danger. The question was who should
repair. As the owners of the shore-land refused to do so an action was brought
in the exchequer by the inland owners, who alleged that it was the carelessness
on the part of the shore owners from not keeping out the 'Woose' soil brought
down by the river, that the wall then lay 'Lacerated and worn down' The owners asserted to the
contrary and claimed that the whole district should be assessed as the whole
level would be preserved and befitted. The Court declared that
this was right and the plaintiffs not liking the judgement refused obedience and
as local magnates endeavoured to intimidate their opponents by inflicting a
heavy fine for their asserted neglect. Consequently Mr William Strode and other
owners found themselves committed to 'Ye Prison of Ye Fleete' 1689 22nd July Sam Phillips, labourer of
Nailsea. Who sayeth that:-
being a servant to Tobias Hort of Nailsea, about 3 weeks ago the said
Tobias Hort did bring home in the night about 10 couple of fowle and told this
informant that he had taken them out of the decoy pool and that he the said
Tobias Hort did beat open the door of the said decoy pool with the help of his
servant one John Sarjang and the same night the said Tobias Hort brought 5 geese
but whose they were this informant did not know and several times since the said
Tobias Hort hath brought home geese as he told this informant and further this
informant sayeth not. Occasionally one finds ones
own family involved. Som Record Office Q/AGi
14/4 Gaol Book 29th March 1832 George Lilly aged 16 years,
Labourer before J Lewis Clerk charged with stealing rabbits from Isaac Durbin,
found not guilty and discharged. Q/AGi 14/5 page 46 Easter Sessions April 1834.
John Lilly Charged before H Mirehouse
Clerk with assaulting Richard Cox. [The local Tax assessor at that time] tried
21st April 1834 before H Hobhouse and I Goodford Esqs. Sentenced to 6 months and
to find sureties discharged 21st October 1834 having found sureties. Q/SCs 60 - 86 Case number 6.
21st April Easter Sessions. 26th April 1834 Prison
Description Book John Lilly aged 42 Height
5foot 10inches Stout build sallow complexion, Long faced, brown hair, hazell
eyes, Scar on right cheek, born Portbury, labourer. Living in Tickenham Married 8 children. no reading or
writing. 6 months. Som. Record Office. Q/AGi
14/4 page 65. 1834 Michaelmas Sessions George Lilly aged 34
Labourer H Mirehouse Clerk committed for trial Standing indicted at the last
sessions of assaulting a constable. tried before H Dickinson and I Goodforde
Esqs 5 months Hard Labour. Wilton
Gaol. |