<County: Durham>
<Code: L0386>
<MS reference: Durham, Prior's Kitchen, Dean and Chapter Muniments, Locellus V.15>
<Text: Memorandum>


Sir John darcy knyght enherite of certayn landes within ye
bisshoprike of durem in taill to haue to hym and to
<cropped><probably t>he heires of his body lawfully getenn and of
othir certayn landes in ye Countee of Lincoln in the same
fourme the whilk
<cropped> died feffet & sesit & had issue of his body Robert
darcy and iiij . doughtirs eftir whas decese the said Robert
as
<cropped> nd heir~ stode possessit of . all ya landes many 3eres .
And syne he enfeffit sir Robert vmfrauille and oþer persones
in
<cropped>le in all þe same landes als+wele in þe bisshoprike as in
lincolnschir~ to thaim & to thair~ heires & to thair~
<cropped>t gaynstandyng þe taill before saide and his entent
noythir spoken expressit nor writen nor in ony maner
<cropped> ly betwene god & hym . And fra þat day furthward
noght gaynstandyng~ þat enfeffement so made
<cropped>yset all þe same landes til he was dede & toke all þe
profites & helde þe courtes
<cropped> & did þe seruice of thayme acustumes . And þe mononday
befor~ his dede
<cropped>e died on þ<?> wednesday . next <hole> was a deuyse made vndr~ the seel of his Armes lyand in his passions of dede
euyll of whilk he died And wheþer it was his consent or
nane it is vnknawen bot on his dede bed it was made as
his wife grauntes the whilk Robert died þan forthwith with-outen
issue of his body wharfor~ the ryght & þe heritage
of þe saide landes descendit to dame Eli3abeth pershay sister of
þe saide Robert & to John of hedworth hir sistersonn
Rouland
Darcy hir othir sister sonn & to Anneys of Neutonn hir othir sister
doughtir . & heir~ as coheires & perceuers descendit lawfully
of þe body of þe said Sir John darcy / / Neuertheles forthwith
efter þe decesse of þe said Robert darcy Margret darcy his
wife occupiet þe landes & 3it dose shewyng~ the forsaide deuyse of
hir saide husband makand mencioun þat it is and
was his last will þt sho sall sell þe landes and dispone thaym for his saule and his dettes be þe vertue of the
whilk deuyse sho askes of þe enfeffes to enfeffe hir . þat sho
may fulfill þat deuyse . The whilk enfeffes withstandes
it & will noght enfeffe hir nor sell þe landes efter þat
deuyse because þt þe saide deuyse was made so late
<cropped> his<?> deyng And in his passions of dede euyll of whilk he died thay hauyng na knawleche of it before
he was dede Considerit þt sho hade & 3it hase þe seele of his armes to make what she walde / / And also
considerit to þe vntrowth & grete malice of hir . þt sho feyned
hir with Childe with hir husband efter his dede
til sho had sellit & wasted þe wodde & þe treis & þervpon gete a nothir womans childe & called hirs & hir husbandes
til haue disherite thaim othir-wyse ploynyng & withdrawyng the
saide tailles so þt thai haue noght þe tailles
to recouere with þair~ landes And now sho claymes the landes in
þe bissoprike to be hir ioynt estate geuen
hir at hir mariage be hir husbandes enfeffes lange before the
feffement made to sir Robert vmfrauill als wele
as be the said deuyse & enfeffement to sir Robert vinfranill &
his felows no3t gaynstandyng þt the priour of durem
and dame Elianore Tempest William lanctonn & Nicholas
Turpyn squiers hase sene þe tailles . And also who
grauntes hir-self before sir Robert vmfrauille & many othir þt þai
er tailled
And anent3 the saide landes in lincolnschir~ sho claymes to haue
thaim in fee simple to sell thaim as is before
saide efter þe saide deuyse noght gaynstandyng~ þt hir said
husband efter þt enfeffement so made to sir Robert vmfrauill
raysed þe profit3 til his ded day and na deuyse made bot on
his dede bed how þe enfeffes shulde do
First it is to wete of his counsell whethir it is til pursew ad diem
clausit extremum in lincolnschir~ & a nothir in þe
bischoprik of the landes beforesaide to þat entent til proue thaim
heires & ther-vpon to haue lyuere be wrþtte
Or elles an assise of Mortdauncestr~ and to clayme þaim as fee
simple in als mykyll as Robert darcy helde
possessioun eftir þe feffement forsaide til his last day sen þe
tailles may noght be getenn / / And þat wryt of
mortdauncestr~ to be pursewed agayn þe enfeffes for þai may make
defaute efter defaute or elles othir faynt
plee wharthurgh þai may recouer seisine agayne þe feffes &
þeron haue lyuere And in þat cas it is to wete gif
Margret darcy may oght saue hir ryght because of þe deuise
sen þt þe statut will gif tenant of terme of lyfe in
dower~
or be curtasy walde make defaute efter defaute or plede fayntly
þt he in the reuercioun shal be ressayuit to saue
his ryght before iugement gif he will comme
item it is to wete gif it wer~ profitable to pursew agayn þe
enfeffes and hir or better pursewe or agayn þe feffes or
agayn
hir be a writte of Fourmedoun in descendre . Sen þt thai er
heires in descendr~ lawfully getenn of þe body of sir John
darcy forsayd and gif thai shall be ressayuit to a verr~ that þe
landes er tailled to thaim / sen thai bene heires
in descendr~ noght gaynstandand þt thai haue noght the
tailles to schewe
item whethir the heires may entre vpon hir & on þe feffes or
noght with-oute oþer processe & þair~ entree congealle
be lawe or noght
<second sheet> item to wete wheþer Rouland may pursewe in his name & in all his
perceuers name the wrytt or noght whethir þe
remanant of his perceuers will or noght considerit þt thai will
noght accorde thaym to pursewe to gadr~ for it hase
bene sene þt whar~ a perceuer hase entred & hald possessioun fra his othir perceuers And thai haue pursewed him whethir
he wald or noght namand him in thair writt bathe playntif with
thaim & defendant agayn thaim and hase
recouered thair~ partes agayn hym
item all this at is said in remedie aboue is bot questioun & mocioun
in this mater to better counsail for he is full
symple of konnyng to gefe counsail in this case þt wrate it /
And þerfore it is to se be aduis of gud counsail & wise
men withhalden in þis matier gif any of thir be helply & elles
to take a better pursuite þt may haue gud fin for be
my simple witte þe langer þt þe pursuit is delayet the more hynderance is in þe recouerer~ <lat></lat>