Folios: 91-91v. Staffordshire. Settlement of dispute. First party: Edmund, son of...

Folios: 91-91v. Staffordshire. Settlement of dispute.

First party: Edmund, son of Henry III [Edmund of Lancaster], and John de Swynnerton, knight.

Second party: Thomas de Stuche, lord of Botterton [Butterton], and his men and tenants of Butterton.

Place or subject: Whereas a dispute had arisen between Edmund and John on the one part and Thomas on the other concerning certain common of pasture which Thomas and his men and tenants were exacting for all kinds of their wild beasts at all times of the year in a certain pasture called le Shortelyme, the dispute has come to be settled, as follows: Thomas quitclaimed to Edmund and John and their heirs and also their men and tenants the ownership of the ground and common of pasture, which they had lawfully or de facto and were exacting or could exact in any way in that land and pasture of Shortelyme with appurtenances and other pastures next adjacent to it, or also in any other wastelands, assarted, assessed, rented or in another way appropriated before the completion of the present deed within Edmund's manor of Newcastle under Lyme and the manor of John de Swynnerton, except in the open time after the corn and hay has been carried away. Thomas granted that Edmund and John and their heirs and men and their tenants can assart the land of Shortelyme whenever they wish, plough or make a meadow thereof, and assess and rent it at their will without any opposition or impediment or right of reclaim from Thomas and his heirs or their men or tenants forever. Saving that Thomas and his heirs and their men and tenants are to have their common pastures in those lands for all kinds of their beasts in the open time after the corn and hay has been carried away in all the places where they were previously accustomed and ought to have common, except for messuages to be built or enclosed in the same lands by Edmund or John or their heirs or tenants, when they wish to build or enclose them. Edmund and John also quitclaimed to Thomas and his heirs and their men and tenants the ownership of the ground and common of pasture, which they had or could have de facto or lawfully in two and a half acres of land from Thomas's own ground lying between the field of Botterton [Butterton] and the royal way, which leads from Staundon [Standon] to Newcastle [Newcastle under Lyme], and also the ownership of the ground and common of pasture in one acre and a half of land from the waste of Shortelime, one acre of which lies between the field of Butterton and the way which leads from Eckeleshal [Eccleshall] to Newcastle under Lyme, and half an acre lies between Shortelime and Sichetun, dividing the metes of Butterton and Shortelyne; and also the ownership of the ground and common of pasture in other wastelands of the same Thomas and his heirs before the completion of the present deed, assarted, assessed or in another way appropriated before the completion of the present deed, or to be assarted or appropriated from henceforth in Butterton, except in open time after the corn and hay has been carried away. [Further details given].

County: [Staffordshire].

Additional people: Witnesses: William de Audeleg' [Audley]; William de Cavereswell; Thomas de Bray; Philip de Mutton, knights; Hugh de Vien; Ingram de Esturs; Roger Brabazon; and John Basset, clerks.

Dated at Newcastle under Lyme.

Friday after the Annunciation of the Blessed Virgin Mary, 9 Edw I.

For the original charter see: DL 25/1854