Historical Collection of Staffordshire Vol 17, p 105
De Banco. Easter 3 H. VI.
Derb. Ralph Shirley, of Braylesford, armiger, and four others,
described as husbondmen, of Braylesford, were attached to answer
the plea of Henry Kniveton that they had broken into his close
at Bradeley, in 10 H. V , and depastured cattle on his
grass and underwood vi et armis.
Ralph appeared by his custos [i.e. guardian], and stated that
the place in question was a large waste called Bradeleyhay, and
one Joan, late wife of John Basset, knight, was formerly seised
of the manor of Braylesford in demense as of fee, and that she
and all her ancestors, lords of the said manor, had common of
pasture in the waste for all manner of cattle and in all seasons
as appendant to that manor; and Joan afterwards died, and the
manor descended to one Ralph, her kinsman and heir, viz, son
of Joan, daughter of Thomas, son of the said Joan, formerly wife
of John, and he was under age; and as the manor was held of the
late King as of his Duchy of Lancaster by military service, the
King had taken into his hands the custody of it, and by his Letters
Patent had granted to Ralph Shirley, knight, and Beatrice, late
wife of Hugh Shirley, knight, the custody of it during the minority
fo the heir, rendering for it 40 marks annually, and he held
the status of the said Ralph Shirley and Beatrice at the date
of the alleged trespass, and still holds it in a messuage and
a virgate of land, parcel of the said manor , and therefore he
could not answer without the King (rege in consulto) . The other
defendants used the same plea, and the suit was adjourned to
the Octaves of Holy Trinity for the King's decision. A postscript
shows that at the term the King sent a close writ to the Justices
to proceed with the trial, and to do justice between the parties.
Dated 28th June 3 H. VI. m. 112.