THE BURTON CHARTULARY. 137 
predictum manerium fuit geldabilis, nec invenitur inter terras dominicas 
Domini Regis consideratum est quod predictus Abbas iret sine die, et predicti 
Robertus et in alii 27 mésericordid pro falso clamio.” 
This judgment was delivered on the 3rd June, and on the 6th June follow- 
ing the Abbot sent six monks, knights and servants, and took 27 boars, 40 
oxen, 50 cows and heifers, 506 sheep, and 77 pigs, and lodged some of them 
in Staffordshire and some in Derbyshire. 
On the 22nd of June six of the Abbot’s villains came to Burton bringing 
with them a King’s writ addressed to the Abbot, which stated that it had been 
shown to the King by John son of Herbert and his men of Magna Overa, 
**quod tu occasione cujusdam placiti nuper moti in curia nostra per breve 
nostrum coram Justiciariis nostris de Banco de consuetudinibus et servitiis tibi 
a prefatis hominibus faciendis, que iidem homines et antecessores sui de 
manerio predicto tibi et predecessoribus tuis quondam Abbatibus de Burthor 
super Trentam temporibus retroactis facere consueverunt averia ipsorum 
hominum apud Magna Uvera in Comitatu Derbiez capisti et averia illaa 
comitatu illo usque in Comitatu Staffordiz fugasti et ea adhuc ibidem detines 
contra legem et consuetudinem regni nostri et contra pacem nostram. Et ideo 
tibi precipimus quod averia predicta predictis hominibus sine dilatione 
deliberare facias. Et nisi ad mandatum nostrum hoc feceris a Vicecomite 
nostro predicto Staffordice id fieri precipimus. Et Nichilominus te attachiari 
faciemus et ad respondendum nobis de contemptu et predictis hominibus de 
dampnis quz sustinuerunt occasione transgressionis predicte. Teste me ipso 
apud West. viii. die Junii anno regni nostri octavo.” 
On reading this writ, the Abbot determined not to give up the cattle for 
several reasons, of which the principal one was that it had been sued out on a 
false suggestion, making no mention of the judgment in his favour. Another 
reason was that when Ralph de Burgh, the Abbot’s Seneschall, had held a 
court at Finderne, and having removed from his office the Provost of Mickle- 
Over, had wished to substitute another in his place, all and singular had 
refused to accept the post because all their lands and cattle were in the Abbot’s 
hands, notwithstanding that they were the villains of the Abbot, and had 
nothing but their bodies which did not belong to the Abbot. 
FOLio 89. 
As the Abbot would not give up their cattle, the tenants produced another 
writ addressed to the Sheriff of Staffordshire, dated the same day as the last 
(viz., 8th June, in the 8th year of the King’s reign), commanding him to 
release the cattle without delay, and in case of resistance to attach those who 
resisted to answer for their contempt at three weeks from Michaelmas ‘‘in 
parliamento nostro.” 
