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Reference Number705:134 BA1531/77/62
Hierarchy Browser NumberP1531/1/77/62
TitleArbitration by John Russell knight and John Pakington esquire
DescriptionOf a dispute between Richard Frewen of Potters Handeley yeoman and Thomas Frewen, his son and heir, of Ombersley, who had bound themselves in the sum of ð 100 to abide by the judgment of the arbitrators, to be delivered before the feast of St George next [sc. 23 April 1542].
Whereas the said Richard by his deed of feoffment dated 26 May 1533 granted to Edward Wallawen gentleman and others [the messuage and lands described in the first section of ] for the use and benefit of Thomas Frewen his son and heir and Agnes late wife of William Rigge, and of the male heirs of Thomas and Agnes : so the judgment is that Thomas and Agnes and their male heirs shall have the land and its rents and profits; that Richard Frewen shall have the corn presently growing on the land and the rents to date; and that Thomas shall pay to Richard before Pentecost next 3s 4d rent for the fallow.
Whereas the said Richard by the same deed did enfeoff Edward Wallawen and others of the reversion of a tenement called the Forthey, and a garden and orchard called Johnslande [the rest of the deed is here recited] : so the judgment is that Richard and Elizabeth his wife shall enjoy the property until their interest expires [as set out in the deed], and thereafter Thomas and Agnes shall enjoy it; that Thomas shall withdraw his suit against his father in the Court of Common Pleas at Westminster before Ascension Day next and at his own cost; that before the same date Richard shall deliver to the arbitrators Thomas's bond in the sum of ð 40, and Thomas shall deliver a bond in which Richard is bound to the arbitrators in the sum of 200 marks.Signed (above the seals) : John Russell, John Pakyngton.
Seal: red wax (1) illegible; (2) device of three corn sheaves, three stars above.(chirograph) (English)


1. This is the only mention of Potters Hanley in the charters here calendared; the name is seen again later in the century (e.g. WCRO BA 6097 Ref 250.6), but it never became established : Toomey, Medieval Woodland Manor, 201-2. Possibly it was synonymous with Forthey. See Introduction, p xviii; see also note 1 and note 1.
2. The trustees appointed in 1533 would be expected eventually to transfer the messuage and lands described in the first section of to Thomas, although in August 1541 it was apparently still in the possession of Richard, who at that point transferred all the property, including the messuage at Forthey and Johnslande, to the arbitrators. A little of what happened in the meantime emerges from the current document : Richard had tilled some of the land and had been collecting rents, and he even claimed rent from Thomas for land which lay fallow, presumably because it could be pastured; and Thomas had instituted proceedings against his father at Westminster. The cost of the dispute, to both father and son, seems to have been wholly disproportionate.
3. The Pakyngton arms : three molets or in chief and three sheaves gules in the foot (VCH Worcs, vol 3, 155).

[Ref. 309 in J. P. Toomey, Records of Hanley Castle (Worcs. Hist. Soc. 2001) [q.v. for additional details])]
Date21 Apr 1542
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