RepositoryCheshire Record Office
ReferenceDDS 17/15
TitleAbstract of Court Roll
Date21 Apr 1528
DescriptionDie martis prox post Clausum Pasche a.r.r. etc.

Abstract of Court Roll; Pleas of the County Court of Cestr' [Chester]. A process before Thomas Englefild Esq son of Thomas Englefild Kt, Justice, brought under a writ mandamus to the Justice of Chester dated apud Cestr' 18 Henry VIII (1527-8)

Roger Downes sues out a traverse of an Inquisition Post Mortem claiming possession of an estate seised into the hand of the earl of Chester. Judgement is given by a jury of the County of Chester for Roger Downes. Synopsis of process;-

An Inquisition taken before Roger Maynwaryng late escheator in the County of Cestr' [Chester] of the lord Arthur late Prince of Wales at Wicum Malb'm on Tuesday next after the feast of St.Bartholomew the Apostle 11 Hen VII - 25 August 1495 - by virtue of the prince's writ Dies clausit extremum directed to the said escheator after the death of Robert Dounes and returned by the escheator into the Exchequer of Cestr' [Chester]; shows that Robert Dounes died seised as of fee of a messuage and twenty acres of land, with appurtenances, called Ratunsfeld' in Vpton' [Upton] in the hundred' of Macclesfeld' [Macclesfield] and that he held them of the Prince as Earl of Chester by military service by the service of a Free Forestery of the Forest of Macclesfeld [Macclesfield], value per annum 24s.

A traverse to this Inquisition exhibited by Roger Downes son of Robert Downes son of Roger son of the Robert Dounes named on the inquisition, before Ranulph Brereton' Kt chamberlain of Cestr' [Chester] in the Exchequer of Cestr' [Chester] (alias Cestrie) on Tuesday in the fifth week in Lent 16 Hen VIII - 4 April 1525 - shows that the said Robert Dounes died seised, by virtue of a grant made by charter dated the feast of St. Matthew the Apostle and Evangelist 8 Ric II - 21 September 1384 - by William de Hulme to Agnes his daughter the wife of Robert de Dounes and the heirs of her body begotten, reversion lying to the said William de Hulme and his heirs, of an estate in fee-tail in "a place of land called Ratonesfeld lying in the town of Vpton' Falebrome (alias Vpton' Falibrome) with all its appurtenances together with the bailiwick of his Forestery in the Forest of Macclesfeld"; and that the lands etc. named in the Inquisition and the Charter are really one and the same; and that by right the possession ought to descend to him as kinsman and heir of Robert Dounes and Agnes his wife afsd., and the reversion should have descended to Nicholas de Hulme son of Robert son of James son of John son of Robert son of the William de Hulme who made the grant by Charter; and that the said Robert Dounes named in the Inquisition died seised of the estate and held it of the afsd. Nicholas Hulme in socage; and that he had never at the time of his death held the estate of the Prince as the Inquisition states.

Richard Sneyde for the King sought an adjournment on this occasion, and the hearing was adjourned to 9 May 1525, thence to 13 June 1525, thence to 11 July 1525, and so to 29 August 1525, 12 December 1525, 6 March 1526, 4 December 1526, 18 June 1527, 30 July 1527, 17 September 1527, 15 October 1527, 26 November 1527, 20 January 1528 and thence to 3 February 1528 (- all these dates are given by Saints' Days).

On the latter date the King's counsel asked for a further Inquisition and the Sheriff of Chester was ordered by the Justice to swear in 24 jurors of the County to appear at the next County Court (which was on the day of the date of this abstract - 21 April 1528). The jurors found for Roger Downes and it was ruled that he be restored to possession of the messuage tenement and lands called Ratonfild with such issues and profits as had accrued from it since it was seised into the earl's hand.

Mark: Q. k. 15. Pedigree of Downes's Family No.4. The trauers of thoffice after the death of Robert Downes.
Physical DescriptionParchment: 1 membrane 9½" wide by 30½", in appearance similar to a membrane of a plea-roll (file fashion), with a T-shaped slit top left corner.
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