126 THE BURTON CHARTULARY. 
uxorem ejus, Hugonem filium Hugonis, Herbertum Snau, Ricardum molen- 
dinarium etc. and 26 others named, deforciantes de communa pasture in Ufre 
unde idem Abbas questus fuit quod predicti homines injuste exigebant com- 
munam in terra ipsius Abbatis de Ufre de sicut idem Abbas nullam commu- 
nam habet in terra ipsorum hominum de Macworth et Marketon, etc. [The 
Abbot acknowledged the claim of the men of Mackworth and Markeaton to 
common of parture in Ufre, for which concession the said men, so far as lay in 
them, conceded that the Abbot might assart 60 acres of land in Sortegrave in 
that part nearest to Ufre. ] 
Hec est finalis concordia etc. anno 1o H. III. inter Ricardum Abbatem de 
Burthona querentem et Rogerum le Bretun deforciantem de communa pastura 
in Ofre etc. [The Abbot concedes to Roger and his heirs and to his men 
of Rughedich common of pasture in the whole manor of Magna Ufre, and in 
the manor of Parva Ufre after the deaths of Philip Marcus and his wife Anne, 
for which concession Roger (so far as lies in him) concedes to the Abbot ete. 
permission to assart 60 acres in Sortegrave, and Nicholas de Enovere and his 
heirs shall have free entry and exit to the same pasture near Witesiche. ] 
Fouio 48. 
Hec est finalis concordia etc. anno 16 H. III. inter Laurentium Abbatem 
etc. per Willelmum de Esseburne positum loco ipsius Abbatis etc. et Philip- 
pum de Roucestre quem Robertus filius Roberti vocavit ad warrantum, et qui 
ei warantizavit de una virgata terre etc. in Wineshulle in Comitatu Derbi. 
[Philip remits all claim. ] 
Hec est finalis concordia etc. anno 3 H. III. inter Radulfum filium Radulfi 
petentem et Radulfum de Caldewelle tenentem de tribus virgatis terrze etc. in 
Caldewelle, unde assisa mortis antecessoris sumonita fuit inter eus. etc. 
[Ralph de Caldewelle concedes to Ralph two virgates of land, which he had 
held in demesne, excepting two selions, for 6d. annually, for which Ralph fitz 
Ralph remits all claim to the other virgate.] 
Heec est concordia fine duelli* coram Thoma Noel Vicecomite in Comitatu 
Stafford inter Godefridum de Sobenhale et Julianam de Sobenhale de dimidia 
* This is a very interesting example of a trial by wager of battle in the reign 
of Henry II., in the County Court before the Sheriff. Juliana had evidently 
transferred her suit into the County Court by writ of right, and it would have 
been decided by a duel if the parties had not come to terms. The ‘‘duellum” 
was waged (vadiatum), but not fought (fercesstm). As the final concord was 
made jime due//i, the champions had appeared in the arena, and the duel had 
been stopped at the last noment by a compromise, which is drawn up in the 
above form. Thomas Noel was Sheriff the last five years of the reign of 
Henry II. 
[This is a Staffordshire and not a Derbyshire deed, but in connection with 
General Wrottesley’s note, it is so interesting that it has been here retained.— 
Ep.] 
