Help with transcribing and translating the record of a medieval English legal case (appeal to the King's Bench)

LincsHistory

New Member
I am trying to read the proceedings of a medieval English law case in the records of the King's Bench (KB27) from 1319. It is the case of Neville v. Spanby, concerning lands in Demblebly and Scott Willoughby. Neville commenced an assize of mort d'ancestor against Spanby; at the local assizes (held in Boston), the jury found in favour of Neville and she was given recovery. However, a writ of certoriari was issued, appealing the case to the King's Bench. The first part of the record begins at http://aalt.law.uh.edu/E2/KB27no238/aKB27no238fronts/IMG_0206.htm

With the exception of the dates I have managed to translate that part reasonably easily (and hopefully correctly) as:

The lord king sent his writ to Henry Spigurnel in the following form: Edward by the Grace of God King of England Lord of Ireland Duke of Aquitaine to his dear and faithful Henry Spigurnel greetings. Since for certain reasons we wish to be informed of the record and process of the assize of mort d'ancestor between William de Spanby and Alice de Neville summoned and taken in the town of Boston before you and your fellows lately our justices at the same assize assiged by our writ of two tofts sixty nine acres of land three and a half acres of meadow together worth eighteen shillings, two parts of one messuage and one windmill with appertenances in Scott Willoughby and Dembelby. We direct that, if judgement has been rendered thereon, then you shall send us the record and process of the the same assize, laid out clearly and openly, with all things touching them under your seal, and with this writ: so that we have them before me at York on the thirtieth day of January ... The record and process are in these words:

Assize held in Saint Botolph [Boston] before Henry Spigurnel and William de Colney, justices at an assize in the county of Lincoln assigned on the day of ... ... after the end ... St Peter in chains, in the ... year of king E[dward] son of king E[dward]

The assize comes to recognise if Philip de Neville brother of Alice de Neville was seised in demesne as of fee of two tofts, sixty nine acres of land, three and a half acres of meadow together worth eighteen shillings and two parts of one messuage and one mill with appurtenances in Scott Willoughby and Dembleby on the day, etc, and if etc, and if, etc, which William of Spanby holds, who comes and says nothing to stay the assize, etc. Therefore let the assize be taken, etc. The jurors say under oath that the said Philip was seised in the said lands on the day and that he died after the term limit and the said Alice is the next heir. Therefore it is adjudged that the said Alice should recover and have seisin by view of the recognitors, and the damage to her is being assessed by the same at six pounds. And the said William of Spanby is in mercy, etc.
But I am struggling with transcribing and translating the record of the appeal itself; I have not encountered this kind of proceeding before and my Latin is probably not good enough for it. Would anyone be able to help? I have had a go at transcribing as much of it as possible, which I will post below. The original can be viewed here, beginning at the large script "Dampna vj. libr." I would be very grateful if anyone could help, or even offer some of the missing words or a brief summary. (This is my first post, so I apologise if this isn't an appropriate request or place for it).
 

LincsHistory

New Member
The second, larger part concerning the appeal, which I would appreciate some help with:

Dampna vj. libr[as] unde xx s. [??]as...

Virtute cuius recordi ad sectam p[re]d[ic]te Alicie asserentis execuconem iudicii p[re]d[ict]i no[n]du[m] fleri [qry: fuerit?] p[re]ceptu[m] fuit vic[ecomiti?] q[uo]d scire fac[er]et p[re]d[ic]to Will[elm]o de Spanneby p[er] duos etc. q[uo]d esse[t] cora[m] Rege in Octab[is] s[anct]o Mich[ael]is p[ro]x[im]o p[re]terit[o?] ubicu[m]qu[e] etc. ad oftend si quid [et?] vel dic[er]e sciet quare p[re]d[ic]ta[m] Alicia se[..]am suam de ter[re] p[re]d[ict]is cora cu[m] damp[n]u[m] etc h'ere no[n] deberet. Et ub[...]us [etc?] quod [C?].. etc. Ad que[m] diem vic[ecomiti?] reco... q[uo]d p[re]d[ict]is Will[elmi]s ino...us est p[er] quod p[er]ceptu[m] fuit vic[ecomiti] q[uo]d scire fac[en]et mag[ist]ro John de Spanneby Hugoni de Spanneby et John fil[ius] eiusde[m] Hugoni tenerab[us] ..as et ter[re] p[re]dcta[m] ut dicit[...] p[er] duos etc. q[uo]d essent coram ... ... Octab[is] sa[ncta] Martini p[ro]xi[m]o [...] ub...q[us] etc. ad oftend si quid etc. v... dice... scient quare p[re]dic[t]a[m] Allicia sieam sua[m] de ter[re] p[re]d[ic]tis una[?] cu[m] dampnu[m] etc inxta[?] recumperacom' p[re]d[ic]tam here non deberet. Et v... etc quod .... Ad quem diem p[re]d[ic]ta Alicia per Simone[m] under... accom' suu[m] ven... Et vic' recom... q[uo]d scire f... p[re]d[ic]is magi[str]o Joh[ann]i Hugoni et Joh[ann]i per Will[iel]m[o] hea... de Wylughby et Willi[el]m ve Eliay de eadem qui p[er] pre....com... p[re]d[ic]t[am] ven... Et p[re]d[ic]ta[m] Allicia petit execuconem etc. Et p[re]d[ic]tis mag[ist]r[o] Joh[ann]es dicit q[uo]d ipe[m] tenet ter[re] p[re]d[ic]ta[m] cu[m] p[er]tin[enciis] ad ... ... sue p[er] fine[m] in C... ... ... lenaen... que quid ter[re] post morte[m] ip[...]ius mag[ist]ro Joh[ann]is remaneb... p[re]fato Hugoni de Spanneby ad ... ... sue post c.. morte[m] ter[re] p[re]d[ic]ta[m] cu[m] p[er]tin[enciis] remaneb...t p[re]d[ic]to[m] Joh[ann]i fil[us] Hugonis et heredib[us] de corpe suo p... Et dicit quod p[re]dicta[m] Alicia [note added above line] scriptu[m] suu[m] quod p[re]d[ic]tis mag[ist]ro Joh[ann]es p...lit hic in C... rem...sit relaxavit et or... quientu[m] clam[...] p[re]d[ic]ta[m] Will[ielm]o d... vixit ter[re] p[re]d[ic]ta[m] cu[m] p[er]tin[enciis] ten... s..pti ... est. Omnib[us] ad quo.. noticiam p[re]fori tes p[er]ner... Alicia de Nevuill sal...m. Non... me relaxasse v...isse et o... de me et heredib[us] meis ... ... masse duo[m] Will[ielm]o de Spanneby ... ... illa ter[re] cu[m] om[ni]b[us] fi...s p[er]tin[enciis] et reversionib[us] quib[us]cu[m]q[ue] que v'sus ip'm recup[er]am apd s[an]c[tu]m Botulphu[m] coram Justic[...] d'm ... ad assi'as capriend in Com[itatu] Lincoln assign[...] I..ca q... nec ego nec aliquis n... vl.. heredu[m] ... aliquid ...s vel ... in p[redi]c[t]o ... ... p... inf...u[m] h... tefab D[omi]ns Joh[ann]e Coband Joh[ann]e de ... ... Joh[ann]e de Lyndeseye de Morton Will[ielm]o de V...y de .... Joh[ann]e fil[ius] Joh[ann]e de Billingborough Rob[e]r[t]p Lonet de Neuton Galfrid de ... et aliis. ... apud s[an]c[t]um Botolphu[m] vi die Ang... anno vv Edwardi fil[ius] R.. Edwardi ... Et pet... indiu[m?] si p[re]d[ic]ta[m] Alicia execuco[ne]m ter[re] p[re]d[ic]to[...] tonc[?] f... suu[m] here debeat etc. Et eadem Alicia h... ... s.pti p[re]d[ic]ta[m] dicit q[uo]d ua est f... suu[m] et de hoc p... se tam sup[er] p...am q... sup[er] tef.. etc. Et p[re]d[ic]ta[m] mag[ist]ro Joh[ann]es et alii ... I[de]o p[re]ceptu[m] est con... q[uo]d v... fac... coram R[?] a die Pasch[e] in ... m... ubi..q[us] etc. tam xxiiij' etc. qui' testas p[re]dctas etc ad recogn[itur?] etc. Et quo ad execuco[ne]m de dampu[m] etc dicit... q[uo]d nons... p.... v... heredes vel exe... p[re]d[ic]ta[m] Willi[elmi] insitantu[m?] v.. tenentes ter[re] p[re]d[ic]to[...] pet...t ind... Et p[re]d[ic]ta[m] Alicia no[n] potest hoc ded... I[de]o ... est eidem Alicie q[uo]d sequat' v... hered' vel exec' p[re]d[ic]ti Will[ielm]i de dampu[m] p[re]d[ic]t... ... sibi[?] viderit exped... ... Et si' hoc p[re]d[ic]ta[m] Alicia pet... bre[ve] v... p[re]d[ic]tu[m] Hugone[m] de Spanneby ... et hered[..] p[re]d[ic]ti Will[ielm]i p[er] dampnu[m] etc. I[de]o p[re]ceptu[m] est v... q[uo]d scire fac... eidem Hug[on]i p[er] duos etc. q[uo]d sic coram R... ad p[re]facu[m] ... often... sign... vel ... sciat q... p[re]d[ic]ta[m] dampna[m] de .... et ca... s...s etc fieri no[n] debeat. Et ... ... q[uo]d C... [smudged]a in Crastino p.. v... Marie Anno v ... ... .... ve... p[re]d[ic]ti Mag[ist]ro Joh[ann]es de Spanneby Hugo de Spanneby et Joh[ann]es fil[ius] euisdem Hugonis n ... p[er]sonis s... Et ... ... de Com[itatu] Linc[olni] et test... in die septmo ... venint. Et p[re]d[ic]ta[m] Alicia h... sol... p et sepius vocata ho ven' ad seg... quad sup[er] ... presidebat. I[de]o ... Alicia in m... Et p[re]d[ic]ta[m] mag[ist]ro Joh[an]nes et alii ... ... die et Septu[m] p[re]d[ic]te[m] quod p..ius remansit p... curia vettadit p[re]fato mag[ist]ro Joh[ann]i de Spanneby in curia etc.
 
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Westcott

Civis Illustris
I should be able to help with this. But is it possible to post the text as text, rather than an image, so that I can edit it?
 

LincsHistory

New Member
I should be able to help with this. But is it possible to post the text as text, rather than an image, so that I can edit it?
Hi. Thank you so much. The text I've been working with is here:

Dampna vj. libr[as] unde xx s. [??]as...

Virtute cuius recordi ad sectam p[re]d[ic]te Alicie asserentis execuconem iudicii p[re]d[ict]i no[n]du[m] fleri [qry: fuerit?] p[re]ceptu[m] fuit vic[ecomiti?] q[uo]d scire fac[er]et p[re]d[ic]to Will[elm]o de Spanneby p[er] duos etc. q[uo]d esse[t] cora[m] Rege in Octab[is] s[anct]o Mich[ael]is p[ro]x[im]o p[re]terit[o?] ubicu[m]qu[e] etc. ad oftend si quid [et?] vel dic[er]e sciet quare p[re]d[ic]ta[m] Alicia se[..]am suam de ter[re] p[re]d[ict]is cora cu[m] damp[n]u[m] etc h'ere no[n] deberet. Et ub[...]us [etc?] quod [C?].. etc. Ad que[m] diem vic[ecomiti?] reco... q[uo]d p[re]d[ict]is Will[elmi]s ino...us est p[er] quod p[er]ceptu[m] fuit vic[ecomiti] q[uo]d scire fac[en]et mag[ist]ro John de Spanneby Hugoni de Spanneby et John fil[ius] eiusde[m] Hugoni tenerab[us] ..as et ter[re] p[re]dcta[m] ut dicit[...] p[er] duos etc. q[uo]d essent coram ... ... Octab[is] sa[ncta] Martini p[ro]xi[m]o [...] ub...q[us] etc. ad oftend si quid etc. v... dice... scient quare p[re]dic[t]a[m] Allicia sieam sua[m] de ter[re] p[re]d[ic]tis una[?] cu[m] dampnu[m] etc inxta[?] recumperacom' p[re]d[ic]tam here non deberet. Et v... etc quod .... Ad quem diem p[re]d[ic]ta Alicia per Simone[m] under... accom' suu[m] ven... Et vic' recom... q[uo]d scire f... p[re]d[ic]is magi[str]o Joh[ann]i Hugoni et Joh[ann]i per Will[iel]m[o] hea... de Wylughby et Willi[el]m ve Eliay de eadem qui p[er] pre....com... p[re]d[ic]t[am] ven... Et p[re]d[ic]ta[m] Allicia petit execuconem etc. Et p[re]d[ic]tis mag[ist]r[o] Joh[ann]es dicit q[uo]d ipe[m] tenet ter[re] p[re]d[ic]ta[m] cu[m] p[er]tin[enciis] ad ... ... sue p[er] fine[m] in C... ... ... lenaen... que quid ter[re] post morte[m] ip[...]ius mag[ist]ro Joh[ann]is remaneb... p[re]fato Hugoni de Spanneby ad ... ... sue post c.. morte[m] ter[re] p[re]d[ic]ta[m] cu[m] p[er]tin[enciis] remaneb...t p[re]d[ic]to[m] Joh[ann]i fil[us] Hugonis et heredib[us] de corpe suo p... Et dicit quod p[re]dicta[m] Alicia [note added above line] scriptu[m] suu[m] quod p[re]d[ic]tis mag[ist]ro Joh[ann]es p...lit hic in C... rem...sit relaxavit et or... quientu[m] clam[...] p[re]d[ic]ta[m] Will[ielm]o d... vixit ter[re] p[re]d[ic]ta[m] cu[m] p[er]tin[enciis] ten... s..pti ... est. Omnib[us] ad quo.. noticiam p[re]fori tes p[er]ner... Alicia de Nevuill sal...m. Non... me relaxasse v...isse et o... de me et heredib[us] meis ... ... masse duo[m] Will[ielm]o de Spanneby ... ... illa ter[re] cu[m] om[ni]b[us] fi...s p[er]tin[enciis] et reversionib[us] quib[us]cu[m]q[ue] que v'sus ip'm recup[er]am apd s[an]c[tu]m Botulphu[m] coram Justic[...] d'm ... ad assi'as capriend in Com[itatu] Lincoln assign[...] I..ca q... nec ego nec aliquis n... vl.. heredu[m] ... aliquid ...s vel ... in p[redi]c[t]o ... ... p... inf...u[m] h... tefab D[omi]ns Joh[ann]e Coband Joh[ann]e de ... ... Joh[ann]e de Lyndeseye de Morton Will[ielm]o de V...y de .... Joh[ann]e fil[ius] Joh[ann]e de Billingborough Rob[e]r[t]p Lonet de Neuton Galfrid de ... et aliis. ... apud s[an]c[t]um Botolphu[m] vi die Ang... anno vv Edwardi fil[ius] R.. Edwardi ... Et pet... indiu[m?] si p[re]d[ic]ta[m] Alicia execuco[ne]m ter[re] p[re]d[ic]to[...] tonc[?] f... suu[m] here debeat etc. Et eadem Alicia h... ... s.pti p[re]d[ic]ta[m] dicit q[uo]d ua est f... suu[m] et de hoc p... se tam sup[er] p...am q... sup[er] tef.. etc. Et p[re]d[ic]ta[m] mag[ist]ro Joh[ann]es et alii ... I[de]o p[re]ceptu[m] est con... q[uo]d v... fac... coram R[?] a die Pasch[e] in ... m... ubi..q[us] etc. tam xxiiij' etc. qui' testas p[re]dctas etc ad recogn[itur?] etc. Et quo ad execuco[ne]m de dampu[m] etc dicit... q[uo]d nons... p.... v... heredes vel exe... p[re]d[ic]ta[m] Willi[elmi] insitantu[m?] v.. tenentes ter[re] p[re]d[ic]to[...] pet...t ind... Et p[re]d[ic]ta[m] Alicia no[n] potest hoc ded... I[de]o ... est eidem Alicie q[uo]d sequat' v... hered' vel exec' p[re]d[ic]ti Will[ielm]i de dampu[m] p[re]d[ic]t... ... sibi[?] viderit exped... ... Et si' hoc p[re]d[ic]ta[m] Alicia pet... bre[ve] v... p[re]d[ic]tu[m] Hugone[m] de Spanneby ... et hered[..] p[re]d[ic]ti Will[ielm]i p[er] dampnu[m] etc. I[de]o p[re]ceptu[m] est v... q[uo]d scire fac... eidem Hug[on]i p[er] duos etc. q[uo]d sic coram R... ad p[re]facu[m] ... often... sign... vel ... sciat q... p[re]d[ic]ta[m] dampna[m] de .... et ca... s...s etc fieri no[n] debeat. Et ... ... q[uo]d C... [smudged]a in Crastino p.. v... Marie Anno v ... ... .... ve... p[re]d[ic]ti Mag[ist]ro Joh[ann]es de Spanneby Hugo de Spanneby et Joh[ann]es fil[ius] euisdem Hugonis n ... p[er]sonis s... Et ... ... de Com[itatu] Linc[olni] et test... in die septmo ... venint. Et p[re]d[ic]ta[m] Alicia h... sol... p et sepius vocata ho ven' ad seg... quad sup[er] ... presidebat. I[de]o ... Alicia in m... Et p[re]d[ic]ta[m] mag[ist]ro Joh[an]nes et alii ... ... die et Septu[m] p[re]d[ic]te[m] quod p..ius remansit p... curia vettadit p[re]fato mag[ist]ro Joh[ann]i de Spanneby in curia etc.
 

Westcott

Civis Illustris
I have spent most of the day on a transcription but am having the old problem that if I put an "i" in square brackets all the following text gets printed in italics, and if I put a "u" in square brackets it gets underlined as well. I will see if I can attach a file.
 

Westcott

Civis Illustris
These are the first few words. You will see that the [ i ] in execucionem disrupts everything that follows;
Virtute cuius recordi ad sectam p[re]d[ic]te Alicie asserentis execuconem iudicii p[re]d[ict]i no[n]du[m] fieri p[re]ceptu[m] fuit vic[ecomiti] q[uo]d scire fac[er]et p[re]d[ic]to Will[ielm]o de Spanneby p[er] duos etc.
 

Westcott

Civis Illustris
I've attempted to attach a word file.
Post edited - the file I originally attached contained some typos etc, so I have replaced it with an amended version.
 

Attachments

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cinefactus

Censor
Staff member
What if you use a round bracket rather than a square one?

Virtute cuius recordi ad sectam p[re]d[ic]te Alicie asserentis execuc(i)onem iudicii p[re]d[ict]i no[n]du[m] fieri p[re]ceptu[m] fuit vic[ecomiti] q[uo]d scire fac[er]et p[re]d[ic]to Will[ielm]o de Spanneby p[er] duos etc.
 

LincsHistory

New Member
I've attempted to attach a word file.
Thanks very much Westcott for doing that! I am really grateful. I have been able to download the Word doc and have had a shot at translating it, but I am struggling with:

Et eadem Alicia habito visu scripti predicti dicit quod non est factum suum et de hoc ponit se tam super patriam quam super testes &c.

Et quo ad execucionem de dampnis &c dicunt quod non sunt premunita[?] ut heredes vel executir’ predicti Willelmi insitantu(m?) ut tenentes tenementorum predictorum petunt iudicium &c

Ideo dictum est eidem Alicie quod sequatur versus heredes vel executores predicti Willielmi de dampnis predictis si sibi viderit expedire &c


Also, the word seguendum. Do you know what these passages are trying to say?

The translation that I have of the rest is:

By virtue of which record at the suit of the said Alice asserting the carrying out of the said judgement not yet taken place the sheriff was ordered to find out about the said William of Spanby by two, etc. it was before the King eight days after the day of St Michael whenever, etc. to show if etc or to find out why the said Alice has seisin of the same lands with losses, etc, should not have. And furthermore, etc, the Court, etc.

On which day the sheriff returns that the said William was dead; by means of that an order was sent to the sheriff to discover Master John of Spanby and Hugh of Spanby and John of Spanby son of this Hugh hoding the aforesaid lands and tenements as it is said by the two, etc, that it was before the King on the eight day after St Martin’s feast wherever, etc, to show whether etc or to find out why the said Alice was seised of the said tenements and losses etc, should not be liable to have recovery of the aforesaid. And furthermore, etc, the Court, etc.

On which day the sale Alice by Simon Underwood, her attorney came. And the sheriff returns that he knows that the said Master John, Hugh and John by William Beatrix de Willoughby and Gilbert de Clay come by the same by means of the aforesaid summons. And the said Alice claims the performance etc.

And the said Master John says that he holds the said tenement with appurtenances for his life time by fine levied in the court of the King. Which tenements after the death of the said master John shall remain to the said Hugh de Spanby for his life time. After whose death the said tenements with appurtenances will remain to the said John son of Hugh and the heirs of his body begotten. And he said that the said Alice (after the said trial etc) by her text, which the said John brought out here in court, remitted, relaxed and completely quitclaimed to the aforesaid William as long as [he or she?] lived the said tenements and appurtenances. The contents were recorded as follows:

To all whom these notices shall come Alice de Neville sends greetings. Recognise that I give up, remiss and entirely of myself and my heirs quitclaim to lord William of Spanby, clerk, all of the tenements with all their appurtenances and reversions wherever which I recovered at the suit against him at Boston in the court of justices of the lord King’s assizes held in the county of Lincoln. So that neither I not any in my name not my heirs demand any right or claim in the said tenements in the future. In witness whereof lord John Goband, John de Byortbor[ough], knight, John de Lindsey of Morton, William de Vruy of Walcot, John son of John of Billingborough, Robert Lonet of Newton, Geoffrey of the same and others. Dated at St Botolph on sixth day of August in the second year of the reign of king Edward son of king Edward [6 August 1308]

And he demands trial if the said Alice performs the said holding against her deed it ought, etc. And the said Alice looks at the said writing (and) says that it is not her deed and of this she places herself (to such a degree over the country (than?) over the witnesses). And the said Master John and others alike, etc

Therefore the sheriff was ordered to come before the King on Easter day in a month whenever, etc, so twenty five, etc, as the said witnesses, etc, to recognise(?). And for the execution of the damages, etc, they say that they were not forewarned as heirs or executor ... And the said Alice cannot challenge this. ...

And over this the said Alice seeks a writ against the said Hugh of Spanby brother and heir of the said William for damages, etc. Therefore the sheriff is ordered to find out the said Hugh by two, etc, that is before the king at the aforementioned term limit … what if, etc, or to say. And furthermore the Court, etc.

In addition, in the morrow of the Purification of the Blessed Mary in the fourteenth year of the king [2 February 1321] the said Master John de Spanby, Hugh de Spanby and John son of the same Hugh, come now in their own persons. And the like jurors of the county of Lincoln and witnesses nominated in the writing come. And the said Alice although solemn and often called did not come to (...) what has been alleged.

Therefore the said Alice is in mercy. And the said Master John and others (are released?) (immediately?). And the said deed which before had remained in the hands of the court was returned to the said Master John de Spanby, etc


Thanks again!
 
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Westcott

Civis Illustris
Seguendum is a typo for sequendum, sorry. It means to prosecute. I thought I had corrected some of the queries, such as executir' for executores, before posting, but obviously not. osten' should be ostendum in all three cases but I think the clerk has omitted "ad" before the last one. I will go through my version and translate it. Shouldn't take long. If I find anything else to mention about my transcription I might just do a replacement version and post that too. I will go through my transcription and translate it. Shouldn't take long. The most annoying thing is that I am stumped by that first line!
 

LincsHistory

New Member
Seguendum is a typo for sequendum, sorry. It means to prosecute. I thought I had corrected some of the queries, such as executir' for executores, before posting, but obviously not. osten' should be ostendum in all three cases but I think the clerk has omitted "ad" before the last one. I will go through my version and translate it. Shouldn't take long. If I find anything else to mention about my transcription I might just do a replacement version and post that too. I will go through my transcription and translate it. Shouldn't take long. The most annoying thing is that I am stumped by that first line!
Thanks again! The first line threw me as well; my Latin is admittedly not great, but I couldn't make sense of all the ablative/genitive constructions.
 

Westcott

Civis Illustris
OK, here's my translation. I think I should be safe to copy and paste it as I have followed Cinefactus's advice to use round brackets. It goes against the grain though!

Damages £6 whereof 20s to the clerks. Half(?) ... mark(?)

By virtue of which record, at the suit of the aforesaid Alice, asserting that execution of the aforesaid judgment had not yet been done, order was sent to the Sheriff that, through two etc (trustworthy men? – compare Beatrix and del Clay below), he should cause the aforesaid William de Spanneby to know that he should be before the King in the octave of Saint Michael next in the past, wherever (the court might be) etc, to show whether etc, or if he can say (literally knows (how) to say) why the aforesaid Alice ought not to have her seisin of the aforesaid tenements, together with damages etc.

And further etc, that the court etc.

On which day the Sheriff returns that the aforesaid William is dead, for which (reason) order was sent to the Sheriff that, through two etc, he should cause Master John de Spanneby, and Hugh de Spanneby, and John the son of the same Hugh, tenants of the aforesaid lands and tenements, as it is said, to know that they should be before the King in the octave of Saint Martin next following, wherever etc, to show whether etc, or if they can say why the aforesaid Alice ought not to have her seisin of the aforesaid tenements, together with damages etc, according to the aforesaid recovery (ie a common recovery, means of transferring land).

And further etc, that the court etc.

On which day the aforesaid Alice comes, through Simon Underwode her attorney,

And the Sheriff returns that he has caused the aforesaid Master John, Hugh and John, to know, (ie served them with a writ of scire facias), through William Beatrix of Wylughby and Gilbert del Clay of the same, who come according to the aforesaid forewarning,

And the aforesaid Alice seeks execution etc.

And the aforesaid Master John says that he holds the aforesaid tenements, with the appurtenances, for the term of his life, by fine levied in the court of our Lord the King,

Which tenements, indeed, after the death of this Master John, will remain to the aforenamed Hugh de Spanneby for the term of his life,

After whose death the aforesaid tenements, with the appurtenances, will remain to the aforesaid John the son of Hugh and the heirs begotten of his body.

And he says that the aforesaid Alice, after the aforesaid judgment etc, by her writing, which the aforesaid Master John proffers here in court, remised, released and utterly quitclaimed the aforesaid tenements, with the appurtenances, to the aforesaid William, while he lived. The tenor of the writing is such:

To all those, to the notice of whom (these) presents shall have come, Alice de Neyvill (sends) greeting.

May you know me to have released, remised and utterly quitclaimed, from me and my heirs to Sir (courtesy title for a priest) William de Spanneby, clerk, all those tenements, with all their appurtenances and reversions whatsoever, which I recovered against him at Boston, before the Justices of our Lord the King assigned to hold assizes in the county of Lincoln,

So that neither I, nor anyone in my name or (that) of my heirs, shall be able in the future to demand any right or claim in the aforesaid tenements.

These being witnesses, Sir John Goband (and) Sir John de Byortbor’, knights, John de Lyndeseye of Morton, William de Vruy of Wolcote(?), John the son of John (or Johnson) of Billingborough, Robert Lonet (or Lovet) of Newton, Geoffrey of the same, and others.

Given at Boston on the 6th day of August in the second year of the reign of King Edward the son of King Edward.

And he seeks judgment whether the aforesaid Alice ought to have execution of the aforesaid tenements contrary to her deed etc.

And the same Alice, having had sight of the aforesaid writing, says that it is not her deed, and upon this she puts herself upon both the country and the witnesses etc. (I think putting oneself super patriam means asking to be judged by a local jury.)

And the aforesaid Master John and others similarly.

Therefore order (is sent) to the Sheriff that he should cause both 24 etc (upright and trustworthy men of his shrievalty), and the aforesaid witnesses etc, to come before the king a month from Easter Day, wherever etc, to give recognizance(?) etc.

And so far as (concerns) execution of damages etc, they say that they were not forewarned as heirs or executors of the aforesaid William, but merely as tenants of the aforesaid tenements, (and) they seek judgment etc.

And the aforesaid Alice is not able to deny this.

Therefore it is said to the same Alice that she should prosecute against the heirs or executors of the aforesaid William concerning the aforesaid damages, if it should seem (fitting) to her to pursue (this) etc.

And hereupon the aforesaid Alice seeks a writ against the aforesaid Hugh de Spanneby, brother and heir of the aforesaid William, for damages etc.

Therefore order (is sent) to the Sheriff that, through two etc, he should cause the same Hugh to know that he should be before the King at the aforesaid term, to show whether etc, or if he can say why the aforesaid damages ought not to be made out of his lands and chattels etc.

And further etc, that the court etc.

Moreover, on the morrow of the Purification of the Blessed Mary in the fourteenth year of the reign of the now King, come the aforesaid Master John de Spanneby, Hugh de Spanneby and John the son of the same Hugh, in their own persons,

And similarly come the jurors of the county of Lincoln, and the witnesses named in the said writing,

And the aforesaid Alice, although solemnly and repeatedly called, does not come to prosecute that which she pretended above,

Therefore the said Alice is in mercy,

And the aforesaid Master John and the others (are dismissed) therefrom without a date (for returning),

And the aforesaid writing, which previously remained in the possession of the court, is returned to the aforenamed Master John de Spanneby etc in court etc.
 

Westcott

Civis Illustris
That went well, so while I am on a roll I have replaced the transcription in post #8 with a better one. The reference to Master John etc being sent away without a date takes me back to my early days in the Inland Revenue nearly 50 years ago. We used to make estimated assessments en bloc, and the taxpayers or their agents would appeal pending submission of the correct figures. If we thought that they were dragging their heels over this we would list their appeal for hearing by the Commissioners, the threat being that if they didn't send in the accounts we would ask the Commissioners to confirm the estimated assessments, which were always set suitably high. The accounts would usually be submitted, but once an appeal had been listed we couldn't just cancel the hearing. So we would ask the Commissioners to adjourn these cases sine die. The accepted pronunciation was "siney dye" but I instinctively said "sinnay deeay". My team leader, who was also an ex-grammar school boy, nearly fell off his chair at hearing it pronounced properly, as he said.
 

LincsHistory

New Member
OK, here's my translation. I think I should be safe to copy and paste it as I have followed Cinefactus's advice to use round brackets. It goes against the grain though!

Damages £6 whereof 20s to the clerks. Half(?) ... mark(?)

By virtue of which record, at the suit of the aforesaid Alice, asserting that execution of the aforesaid judgment had not yet been done, order was sent to the Sheriff that, through two etc (trustworthy men? – compare Beatrix and del Clay below), he should cause the aforesaid William de Spanneby to know that he should be before the King in the octave of Saint Michael next in the past, wherever (the court might be) etc, to show whether etc, or if he can say (literally knows (how) to say) why the aforesaid Alice ought not to have her seisin of the aforesaid tenements, together with damages etc.

And further etc, that the court etc.

On which day the Sheriff returns that the aforesaid William is dead, for which (reason) order was sent to the Sheriff that, through two etc, he should cause Master John de Spanneby, and Hugh de Spanneby, and John the son of the same Hugh, tenants of the aforesaid lands and tenements, as it is said, to know that they should be before the King in the octave of Saint Martin next following, wherever etc, to show whether etc, or if they can say why the aforesaid Alice ought not to have her seisin of the aforesaid tenements, together with damages etc, according to the aforesaid recovery (ie a common recovery, means of transferring land).

And further etc, that the court etc.

On which day the aforesaid Alice comes, through Simon Underwode her attorney,

And the Sheriff returns that he has caused the aforesaid Master John, Hugh and John, to know, (ie served them with a writ of scire facias), through William Beatrix of Wylughby and Gilbert del Clay of the same, who come according to the aforesaid forewarning,

And the aforesaid Alice seeks execution etc.

And the aforesaid Master John says that he holds the aforesaid tenements, with the appurtenances, for the term of his life, by fine levied in the court of our Lord the King,

Which tenements, indeed, after the death of this Master John, will remain to the aforenamed Hugh de Spanneby for the term of his life,

After whose death the aforesaid tenements, with the appurtenances, will remain to the aforesaid John the son of Hugh and the heirs begotten of his body.

And he says that the aforesaid Alice, after the aforesaid judgment etc, by her writing, which the aforesaid Master John proffers here in court, remised, released and utterly quitclaimed the aforesaid tenements, with the appurtenances, to the aforesaid William, while he lived. The tenor of the writing is such:

To all those, to the notice of whom (these) presents shall have come, Alice de Neyvill (sends) greeting.

May you know me to have released, remised and utterly quitclaimed, from me and my heirs to Sir (courtesy title for a priest) William de Spanneby, clerk, all those tenements, with all their appurtenances and reversions whatsoever, which I recovered against him at Boston, before the Justices of our Lord the King assigned to hold assizes in the county of Lincoln,

So that neither I, nor anyone in my name or (that) of my heirs, shall be able in the future to demand any right or claim in the aforesaid tenements.

These being witnesses, Sir John Goband (and) Sir John de Byortbor’, knights, John de Lyndeseye of Morton, William de Vruy of Wolcote(?), John the son of John (or Johnson) of Billingborough, Robert Lonet (or Lovet) of Newton, Geoffrey of the same, and others.

Given at Boston on the 6th day of August in the second year of the reign of King Edward the son of King Edward.

And he seeks judgment whether the aforesaid Alice ought to have execution of the aforesaid tenements contrary to her deed etc.

And the same Alice, having had sight of the aforesaid writing, says that it is not her deed, and upon this she puts herself upon both the country and the witnesses etc. (I think putting oneself super patriam means asking to be judged by a local jury.)

And the aforesaid Master John and others similarly.

Therefore order (is sent) to the Sheriff that he should cause both 24 etc (upright and trustworthy men of his shrievalty), and the aforesaid witnesses etc, to come before the king a month from Easter Day, wherever etc, to give recognizance(?) etc.

And so far as (concerns) execution of damages etc, they say that they were not forewarned as heirs or executors of the aforesaid William, but merely as tenants of the aforesaid tenements, (and) they seek judgment etc.

And the aforesaid Alice is not able to deny this.

Therefore it is said to the same Alice that she should prosecute against the heirs or executors of the aforesaid William concerning the aforesaid damages, if it should seem (fitting) to her to pursue (this) etc.

And hereupon the aforesaid Alice seeks a writ against the aforesaid Hugh de Spanneby, brother and heir of the aforesaid William, for damages etc.

Therefore order (is sent) to the Sheriff that, through two etc, he should cause the same Hugh to know that he should be before the King at the aforesaid term, to show whether etc, or if he can say why the aforesaid damages ought not to be made out of his lands and chattels etc.

And further etc, that the court etc.

Moreover, on the morrow of the Purification of the Blessed Mary in the fourteenth year of the reign of the now King, come the aforesaid Master John de Spanneby, Hugh de Spanneby and John the son of the same Hugh, in their own persons,

And similarly come the jurors of the county of Lincoln, and the witnesses named in the said writing,

And the aforesaid Alice, although solemnly and repeatedly called, does not come to prosecute that which she pretended above,

Therefore the said Alice is in mercy,

And the aforesaid Master John and the others (are dismissed) therefrom without a date (for returning),

And the aforesaid writing, which previously remained in the possession of the court, is returned to the aforenamed Master John de Spanneby etc in court etc.
Thank you so much for this -- it is extremely helpful and more than I expected when I made the initial post. Hopefully anyone else who stumbles across a similar case may benefit from it too. You have also clarified the more confusing opening section and the other passages I pointed out above (e.g. I was rendering 'super patriam' too literally as 'over the country', but 'upon' makes sense of it superbly). The anecdote amused me too. All the best.
 
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