Records Relating To the Barony of Kendale: Volume 2. Originally published by Titus Wilson and Son, Kendal, 1924.
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BURTON IN KENDALE.
There appears to be no record as to the means whereby the manor of Burton came into the possession of Roger de Burton, younger son of Roger de Aston of Ashton under Lyne, co. Lancaster. Some indication may be derived from the arms of Burton, which differ entirely from those of Assheton; they were Argent, a chief indented azure. These arms were borne by the family of Glanville, and the same charge on a field Or was the arms of the Butlers of Ireland and the lords of Middleham. The adoption of these arms of affection by the Burtons points to some feudal connexion with the house of Glanvill. This connexion may be traced to the Northern Rebellion of 1174 when Hugh de Morevill lost Westmorland and Roger de Mowbray probably lost his feudal lordship over Kendale and some part of Lonsdale. In 1177 Ranulf de Glanvill accounted at the Exchequer for three years' farm and issues of Westmorland, that is of the barony of Appleby. Whether or not Hugh de Morevill had any lands in Kendale is uncertain. The accounts do not disclose the fact, except that at the end of the statement of details Glanvill accounts for 20 shillings from a fishery in Kendale and one mark of "noutegeld." It is fairly certain that a portion of Kendale was committed to the charge of Ranulf de Glanvill at this time, consisting of lands which had escheated or been forfeited to the Crown in 1174. In accounting for the issues of "Westmarieland" in 1178 Glanvill showed a sum of £7 14s. owing for "Noutegeld." It was paid in the following year. Whether this sum was due in respect of lands in Westmorland or in Kendale cannot be ascertained. From Michaelmas, 1179, Westmorland and the "noutegeld" due from it were held by Glanvill by grant from the King for his support in the king's service. In 1184 among "New Pleas and pleas of Courts in Westmarieland by Ranulf de Glanvill" we may note the following: William de Laudre for default as surety, one mark; from the men of William de Lancastre of Kendale, 10 marks. William de Lancastre died during this year. Ranulf de Glanvill died in the autumn of 1190 in Palestine, but on the accession of Richard 1 the lands of Westmorland and those in Kendal had been taken into the king's hands. At Easter, 1190, the lands in Kendal were delivered to Gilbert Fitz-Reinfrid, in accordance with the grant made to him, to which frequent reference will be made. At Michaelmas, 1190, the sheriff or Keeper of Westmorland claimed allowance of £7 3s. 2d. of noutegeld and customs for half the year, which had been acquitted on the land of the said Gilbert, and of £4 9s. 1d. from Kendale, which the king had given to Gilbert, and also of 50s. in the fishery of Kendale. (fn. 1) Next year the items were respectively £14 6s. 4d. of "Noutegeld" and Customs, £8 18s. 2d. of Kendale, and 50s. in the fishery of Kendale.
These details are of importance as evidence of the connexion of Ranulf de Glanvill with those lands in Kendale which Richard 1 gave to Gilbert Fitz-Reintrid, which included in this parish two carucates of land in Burton, and four carucates in Preston Patrick and Holme. Returning to the family of Burton there is evidence that Roger de Burton, son of Roger de Aston, married a daughter of Roger de Croft, lord of the adjoining vill of Dalton. (fn. 2) See the reference in the records of Burton under the date 1292. Consequently Burton would appear to have come to the local family by the marriage of Roger de Aston to the heiress of the previous owner. The only possible light as to the identity of this family of earlier owners is contained in a fine of lands in the Lancashire vills of Wrightington, Parbold and Dalton, made in 1202, by which Margaret, formerly the wife of Richard de Lancastre, released to Robert son of Bernard (of Goosnargh), Orm son of Roger (de Aston) and his brother Roger (de Burton), her right of dower in those places. (fn. 3) In 1195 Robert son of Bernard had made partition of an inheritance of five carucates, to which he, Roger de Burton and Orm de Aston had recently succeeded, by releasing to Roger and Orm his claim in half the vill of Wrightington, one carucate in Parbold and half a carucate in Dalton. (fn. 4) It is not altogether impossible that the wife of Roger de Aston and mother of Roger de Burton was sister and coheir of Richard de Lancaster, who died before 1195.
The subsequent descent of the manor of Burton is indicated in the annexed pedigree. By the death without issue, in or before 1377, of Anthony de Burton the estate was divided between the representatives of his great-aunts, Eleanor and Pernel. Pernel's share descended in the line of Bethom like the manor of Bethom and so to the Middletons of Leighton, as illustrated by the inquest post mortem of Thomas Middleton in 1517.
The Berwick moiety, which seems to have included the manor, descended to John Berwick, aged 40 in 1440, son and heir of John Berwick, who died in 1438. At a later date this moiety of the manor was acquired by James Harington, knt., and after his attainder was granted by Henry VII to Edward Stanley, knt., afterwards lord Mountegle.
In 1549 Thomas Stanley, lord Mountegle, conveyed the manor of Burton to John Rigmaiden, elder, and Thomas Carus, esq. It appears probable that this property was acquired by the Middletons of Leighton and subsequently descended like Clawthorpe.
It was the rectory manor of the parsons of Burton. After the Dissolution of the monasteries it remained in the crown until 1553, when Edward VI granted it to Edward Fienes, lord Clinton and Saye, who released his right in the estate two years later to Alan Bellingham of Helsington, esq. Afterwards Clawthorpe Hall and the demesne were in the possession of the Middletons of Leighton. Mary daughter and heir of Sir George Middleton, bart., carried the manor of Burton and demesne of Clawthorpe Hall in marriage to [Somerford] Oldfield of Somerford, co. Cheshire, by whom they were sold to . . . . . . . . Benison of Hornby, co. Lanc., attorney at law.
1200–16 Roger son of Roger de Burton in Kendale, for the health of the soul of Helewise de Lancastre, gave to the same canons 2 a. land and a messuage on the west side of Holstorth, an assart (or ridding) between land of the church and land of Robert son of Waldeve towards the north, with common of the vill for six score sheep, 32 beasts, eight horses or mares, and 48 goats or swine. Witnesses: Henry de Redeman, Ralph de Bedum, Thomas his son, Gilbert de Crott, Henry his son; ib., 1004.
1205–13 Henry parson of Burton attests a charter, wherein Grimbald son of Herbert de Ellel confirmed to the brethren of Cockersand a moiety of Sedwick which they have by the gift of Ralph de Bethum, ib, 1040.
1210–20 Roger de Burton confirmed to the said canons three acres of his demesne in Wrichtinton, three acres of his land of Lupton on the eastern side of Corntheit and two acres of his land in Burton on the south of Horthlithe, next the bounds of Dalton, with all his demesne below the highway of Hildrestonhevet, with common and easements of his fee of Burton; ib., 992.
William son of Roger de Burton confirmed to the canons the gifts which his father made to them in alms, and quit-claimed to them the land of Writhinton and of Lupton, which he held of them before he became (extite) heir; ib., 505. See Mansergh.
c 1260 Roger de Burton married Joan, daughter and coheir of Walter de Meynell, son of Stephen de Meynell of Thirkleby, near Thirsk; Yorks. Deeds (Yorks. Rec. Soc.), pt. ii, 187n.; Feet of Fines, Yorks, file 30, n. 10.
1265 Peter de Brus III, lord of the manor of Carleton, co. York, grants to John de Burton, knt., a messuage, 67 tofts, 13 bovates and four a. land, 342½ a. waste land, seven a. meadow, and nine a. pasture in the said manor, to hold by the rent of 6d. or a pair of gilt spurs at Christmas; Cal. Pat. R. 1335, p. 157.
1276 William de Rutherfeld, parson of the church of Burton in Kendale, brought an assize of novel desseisin against Roger de Burton, touching common of pasture in Burton; Dep. Keeper's Rep. 45, app. 119.
1282 The abbot of St. Mary's, York, recovers the advowson of the church of Burton in-Kendale, which was then in the king's hands for the abbot's default against Roger de Burton; Cal. Close R., 1282, p. 194.
1288 Archbishop Romeyn (fn. 5) assigns to the archdeacon of Richmond, towards monies due to him on loan, the sum of £26 13s. 4d. from Master John de Dorsete for fruits of the first year from his church of Burton in Kendale; Reg. of Archbp. Romeyn (Surtees Soc., vol 128), ii, 164.
1293 Roger de Burton has acquittance of 100s. exacted from him for the issues of his lands for divers defaults between Michaelmas, 19th year (1291) and Christmas, 21st year (1292), because he was in the king's service in Scotland by his orders during that time; Cal. Close Roll, 1293, p. 281.
1303 Roger de Burton held at his death inter alia the manor of Burton with lands in Manesergh, Lupton, Preston Richard and Hinecastre in Kendale, of William son of Margaret de Ros for 12d. cornage; Roger his son, aged 36 or 40, is his next heir; Cal. Inq., IV, 87; Cal. of Fine R. i, 480.
1308 Roger de Burton held at his death the manor of Burton in Kendale of William de Ros for 12d. cornage. Roger his son aged 2¼ years is his heir. Cal. Inq., v 43; Cal. Close Rolls, 1309, pp. 96, 113.
1309 Roger de Burton, who died in 1308, held land in Carleton, co. York, of Laderana late wife of John de Belewe; of this land £15. 16s. rent was assigned in dower to Eva late wife of the said Roger; Roger son and heir of Roger is aged 2; Cal. Close R., 1309, pp. 96, 113.
1310 Roger son of Roger de Burton holds of William de Ros the vill of Burton with the hamlets of Preston Richard, Hencastre and a 6th part of Lupton for 12d. cornage and 7 s. puture; Cal. Inq. v, 118.
c 1320 Assize of novel disseisin between John Berwick, elder, and John, son of Thomas de Bethom, knt., plaintiffs, and William Ironmonger and others, deforciants, respecting a free tenement in West Harlesey in the liberty of Allerton, co. York; Dodsworth's MS. 149, f. 142b.
|Dominus Roger de Burton||in goods||£2||0||0|
|Radulph son of Adam||"||£1||10||0|
|Roger de Hauerbrek||"||15||0|
|Radulph son of Roger||"||£3||0||0|
1335 The grant of Peter de Brus III to John de Burton, knt., recited. The said John de Burton, Roger de Burton, his brother and heir, and Roger de Burton, son and heir of the latter, successively entered into and held the premises in Carleton, co. York, for their lives, and Roger de Burton, knt., son and heir of the last named, who is still alive, also entered into the same without licence until they were taken into the king's hands by reason of the trespass. In consideration that the alienation was made in the time of Henry III and of a fine made with him by the present Roger de Burton, the king has pardoned the trespass and restored to him the premises; Cal. Pat. R. 1335, p. 157.
1354 Roger de Burton, chivaler, held the manor of Burton, the site of the manor worth nothing beyond reprises (here follows an extent of the manor) with other lands, (fn. 6) of Thomas de Ros, knt., by the service of 30s. yearly, worth yearly £11 14s. 10d. clear. On 29 March, 28 Edward III (1354), the said Roger, before William Gra, then mayor of the Stapurle of York, acknowledged that he owed to Hugh de Miton, citizen and merchant of York, £142 13s. 4d.; Chan. Inq. p.m., 30 Edward III, n. 63.
1359 Indenture witnessing that Anthony, son of Roger de Burton, knt., has granted to Robert son of William de Horneby his lands, rents and services in the vills of Burton in Kendale, Hoton, Manser and Lupton, to hold of him for life, rendering a rose at Midsummer for the first three years and 20 marks each year after; if Robert dies within the term of three years, Anthony grants that his heirs or executors may hold the lands until the completion of the three years. Witnesses: Matthew de Redmane, Ralph de Bethum, knights; John de Croft of Dalton, Roger de Croft, William de Kirkland. Dated Westminster, 10 October, 33 Edward III; Cal. Close R. 1359, p. 646.
1361 The king has committed to Walter de Faucornberge and Isabella his wife, late the wife of Roger de Burton, chivaler, a rebel, deceased, the manor of Burton in Kendale and other lands and tenements in Berburn, Mansergh, Lupton, Hoton Rof, Preston and Hencaster, co. Westmorland, West Herleseye, Thurkelby and Austewyk, co. York, worth £100, during pleasure, rendering the true value thereof; Abbrev. R. Original., ii, 263b.
1361 On the petition of Anthony de Burton, son and heir of Roger de Burton, chivaler, shewing that although his said father bore himself faithfully towards the king's father and the king, the escheator in cos. Westmorland and York, pretending that the said Roger adhered to Andrew de Hercla, traitor and rebel to the late king and the Scots, has taken into the king's hands the manor of Burton in Kendale and the other lands of petitioner's said father in Berburn, Mansergh, Lupton, Hoton Rof, Preston and Hencastre, co. Westmorland, and West Herleseye, Thurkelby and Austwyk, co. York, which descended to him by hereditary right; the king for 100 marks has restored the premises with the past issues; Cal. Pat. R., 1361, p. 23.
Grant, for £100, to Walter de Faucornberge, chivaler, and Isabel his wife, of the manor of West Herlesey and a third part of the lands in Burton in Kendale, Thurkelby and Carleton in Balne, late of Roger de Burton, chivaler, which by reason of the adherence of the said Roger to Andrew de Harcla, have been taken into the king's hands as forfeit, to hold the said third part for her life; ib., 94.
Grant in fee for £200, to Hugh de Myton of two parts of the manor of Burton in Kendale and of lands in Thurkelby with all the lands in Austwyk in Lonesdale, late of Roger de Burton etc. [as above], with the reversion of the third part [as granted above], to hold as fully as Roger held before his adherence; ib., 97.
1374 Grant to Master William de Wilton, parson of the church of Burton in Kendale, professor of Theology, of two messuages, 13 a. land in Preston by Burton, whereof some of his predecessors, parsons of that church, were in possession, which were seised into the king's hands as forfeit, because they were alienated in mortmain without licence to one of his predecessors; Cal. Pat. R. 1374, p. 425.
1379–80 In a suit to which John de Bethom and John, son and heir of Ralph de Berwyk, were plaintiffs, the pleadings record that Antoigne. [Anthony de Burton of Burton in Kendale] was seised of the manor of West Herlseye, co. York, and died seised thereof without issue; that the right thereof falls to Alyanor and Peronella, his kinswomen and heirs, that is to say they were sisters of Roger de Burton, father of Roger, father of Antoigne; from Alyanor the fee and right of that which belonged to her in the said manor descended to Richard [de Berwyk] her son and from Richard to Rauf and from Rauf to John, one of the plaintiffs; and from Peronel the fee and right of that which belonged to her descended to Rauf de Bethum, chivaler, and from Rauf to Robert, as son and heir, and from Robert to John de Bethum, chivaler, as son and heir, being the other of the plaintiffs; Dodsworth's MS. 149, ****************;. 143.
1384 Presentation of William de Yeland to the church of Burton in Kendale, in the king's gift by reason of the temporalities of St. Mary's abbey, York, being in his hands by voidance; Cal. Pat. R. 1384, p. 443.
1385 Revocation of protection granted to John Dedmore, parson of the church of Burton in Kendale, as going on the king's service to Aquitaine, because he tarries in London on his own affairs. Presentation of the same Master John to Fenny Drayton; ib. pp. 558, 564.
1390 John de Beethome, chivaler, and John de Berwicke held of Thomas de Roos, chivaler, the manor of Burton for 31s. rent at Easter and Michaelmas, worth 100s. clear; Chan. Inq. p.m., 14 Richard II, n. 41.
1440 Inquest taken at Burton in Kendale on 4 April, 18 Henry VI (1440), by the oath of James de Croft, Robert de Wasshyngton, Hugh Warde, John de Redemane, Thomas de Frethebanke, John Lorde, William de Preston, Gilbert Harlyng, William de Bethome, William Batmon, John Garnet, Henry de Preston and Thomas Pereson, who say that John Berwyke held at his death a moiety of the manor of Burton in Kendall of Thomas Parr, knt., by knight's service and the service of 16s. yearly; it is worth £12 12s. 12½ (sic). He died on the Translation of St. Thomas the Martyr, 16 Henry VI (7 July, 1438) and John Berwycke, his son, aged 40 years, is his next heir. Thomas de Bethome, Miles de Berwyk, and Gabriel [de Berwyk], brother of the said Miles occupied parcels of the said moiety from the time of John's death until the date of this inquest and took the profits thereof to the value of £18 18s. 1½d., by what title is not known; Chan. Inq. p.m., 18 Henry VI, n. 18.
1460 The endowment of the Vicarage is supposed to have been made in 1460. Mr. Caley (fn. 7) being requested to find proofs of the same, after reciting the grant of Ivo de Tailbois, says that in 1359 the church was appropriated to the Abbey reserving a pension of 40s. yearly to the Archdeacon of Richmond, 3s. 4d. to the Archbishop and 3s. 4d. to the Dean and Chapter of York. In 1460 was made the instrument which is the subject of the present enquiry, wherein the vicar's portion was set out as follows:—£20 per ann. consisting of a house and garden and a close called Kirk Butts with all small tithes, oblations and mortuaries living and dead, he paying thereout £10 3s. 4d. yearly to the said Convent repairing the Chancel and bearing all burthens ordinary and extraordinary. Mr. Caley can find no entry or Inrolment of the endowment.
1472 Edward Bethom, knt., died on 22 February, 12 Edward IV (1472), seised of divers messuages and tenements in Burton worth 100s. clear, and held of William Parr, knt., by homage and the yearly rent of free farm of 15s. and for cornage 6d. Agnes daughter of Roger Bethom and wife of Robert Midelton, is his next heir, aged 22 years; Chan. Inq. p.m., 12 Edward IV, n. 20.
1485 The manor of Burton in Kendale with issues amounting to £10 13s. per annum was parcel of the possessions of Sir James Harington, knt., at the time of his attainder; Misc. Genealog. et Herald., N. S. iii, 237.
1513 Certificate of Sir Edward Stanley, knt., that the controversy between Master Richard Browne, vicar of the church of Burton in Kendale and Sir Richard Jacson, priest, and his kinsmen, touching the tenant right of certain glebe lands in Burton pertaining to the said church of Burton, called Clarthrop, late in the holding of one Robert Jacson, was by the mediation of Thomas Preston of Preston in Kendall and William Huddleston of Whitington, "squiers." "compromyssed" before the said Sir Edward at Horneby to stand the ordinance, rule and verdict of 12 "gentilmen," six of them priests and six laymen, namely: Sir John Waller, parson of Hiesham, Sir James Gorton, parson of Tateham, Sir Thomas Yeddon, parson of Clapeham, Sir Richard Weringe, "deane" of Amoundernes, Sir John Wyndre, "parishe priest" of Bolton, Sir Edmund Wyndegreve, parish "priest" of Gressingham, "priestes"; Lawrence Starky, then the king's "receyvor" of Lancashire, William Claghton, Richard Newton, John Langton, Thomas Redmayn of Yreby and Brian Redmayn of Gressingham, "gentilmenn"; who say "upon there holedome (fn. 8) othes at Hornibye" on Wednesday in "Eisterweke," 4 Henry VIII etc., that the farm of the said tenement is assigned to the portion of the vicar and his successors, that the vicar hath the right and title to occupy it to his "most avauntage like as he dothe othere thinges pertenyng to his said benefice," that if the vicar be disposed to set it to farm, we the said 12 men have desired him to set it unto the said Sir Richard or any of the assigns of the said Robert Jacson if they desire it. "Wherunto the said vicar hathe aunswerd that he is soo contentyd at the said xii mennys request, if so be the said Sr Richard and the assignes of the said Robert Jacson gif hym cause and ordre theme selfes kyndely and lovyngly unto hym hereafter." Dated 30 March, 4 Henry VIII: E. Stanley. Orig. copy in Hornby Chapel (R.C.) Library.
1517 Thomas Midelton held at his death 13 messuages, 100 a. land, 30 a. meadow, and 200 a. pasture and moor in Burton, worth £10 yearly, of Sir Thomas Parre, knt., as of his castle of Kendall by knight's service. See Beetham, p. 232; Exch. Inq. p.m., ser. ii, file 120, n. 2.
1549 Thomas Stanley, knt., lord Montegle, passed by fine to John Rygmayden, the elder, and Thomas Carus, esq., the manors of Farleton in Kendall, Burton in Kendall and Mansergh and tenements in the same places; Feet of Fines, Easter term, 3 Edward VI.
1553 On 3 May, 7th year, Edward VI granted to Edward Fines, K.G., lord Clinton and Saye and Grand Admiral of England, inter alia nine messuages and tenements etc. in Clarethorpe in Burton, co. Westmorland, then or late in the several occupations of William Hutton, Thomas Pearson, Henry Gesling, Agnes Preston and Edmund Jackson Edmund Mansergh, Thomas Edmundson, Agnes Jackson and Edmund Comyn, which premises lately belonged to the monastery of St. Mary by the walls of the city of York, then dissolved; and also that messuage and tenement etc. in Dribecke, co. Westmorland, then or late in the occupation of John Bowskayle, late belonging to the monastery of St. Leonard, co. York, now dissolved; and also that house, tenement and garden called Le Ankeres, by Kirkby in Kendall, formerly belonging to the said dissolved monastery of St. Leonard, co. York; to hold in socage as of the king's manor of East Greenwich, co. Kent, by fealty only and not in chief; Reg. of D. at Levens.
1555 Edward, lord Clinton and Saye releases to Alan Bellingham of Helsington, esq., his right inter alia in divers lands, tenements etc. lying in Cloorthropp, which king Edward VI granted to the said lord Clinton and Saye by letters patent dated 4 May, 7 Edward VI (1553); Orig. at Levens.
1600 Inquest taken at Lancaster, 24 July, 42 Elizabeth (1600), before Richard Houghton, knight, Edward Leigh esq., escheator, in co. Lanc., and Robert Pilkington, esq., feodary in said county: The jurors say that George Middleton of Leighton, esq., was seised of, inter alia, the manor of Burton in Kendall in co. Westmorland; and six messuages or tenements and 80 acres of land in Hincaster; also of four messuages or tenements and 100 acres of land in Farleton; also of two messuages or tenements containing 30 acres of land called "Sealefourd"; and one messuage or tenement containing 40 acres of land in Wyndeyates; also of one capital messuage or tenement called "Clarthropp," and 100 acres of land to said capital messuage belonging and adjoining in Burton in Kendall; and the advowson and right of patronage of the vicarage of the church of Burton in Kendall, in said county of Westmorland."
"The said manor or lordship of Burton in Kendall is held of the queen as of her manor or barony of Kendall, but by what services they know not, and is worth yearly clear £18. Premises in Hingcaster held of queen as of her said manor or barony of Kendall by fealty in free socage and are worth yearly clear 3s. 6d. Premises in Farleton held of queen as of her barony or manor of Kendall by fealty in free socage and are worth yearly clear 40s. Premises in Sealford held of queen as of her barony or manor of Kendal by fealty in free socage and are worth yearly clear 10s. Premises in Wyndeyates held of queen as of her said barony or manor of Kendall by fealty in free socage and are worth yearly clear 21s. Premises in Clarthropp and lands belonging thereto held of queen as of her manor of . . . . . . . in co. Westmoreland in free socage and are worth yearly clear £20. The advowson etc. of church of Burton held of queen as of her manor of . . . . . . . in co. Westmorland in free socage and not in chief and is worth yearly clear . . . . . .
George Middleton died 29 January, 42 Elizabeth (1599–1600) and Thomas Middleton of Leighton is his son and next heir, aged 23 years and more then. The said George Middleton at the time of his death had a wife, namely, Margaret Middleton who is still living. Duchy of Lancaster Inq. p.m., vol. 17, n. 51.
1605 George Southaick writing to Levinus Munck [secretary of Sir Robert Cecil], Nov. 13, 1605, suggests that search be made of And. Hilton's house at Burton, where Freysarde and [Nicholas] Owen lurk. Cal. State Papers, Dom. 1603–10, 256.
The jurors say that Thomas Middleton, of Leighton, esq., on the day of his death was seised of inter alia, the manor of Burton in Kendall in co. Westmoreland; and six messuages or tenements and 80 acres of land in Hingcaster; also of four messuages and tenements and 100 acres of land in Farleton; and also of two messuages and tenements containing 30 acres of land called "Sealeford"; and one messuage or tenement containing 40 acres of land in "Windeyates"; also one capital messuage and tenement called "Clarthroppe" and 100 acres of land to said capital messuage adjoining or belonging in Burton in Kendall; also of eight messuages and tenements in Mithoppe and 160 acres of land in Mithoppe; also the advowson and right of patronage of the vicarage of the church of Burton in Kendall," "The manor or lordship of Burton in Kendall is held of the king as of his manor or barony of Kendall but by what services the jurors know not and is worth yearly clear £6. Premises in Hincaster held of king as of his said manor or barony of Kendall in free and common socage namely by fealty for all services and are worth yearly clear 20s. Premises in Farleton held of king as of his manor or barony of Kendal, in free and common socage namely by fealty for all services and are worth yearly clear 10s. Premises in Sealford held of king as of his barony or manor of Kendall in free and common socage namely by fealty for all services and are worth yearly clear 5s. Premises in Wyndyates held of king as of his said manor or barony of Kéndall in free and common socage namely by fealty for all services and are worth yearly clear 5s. Messuage called Clarthroppe and lands thereto belonging held of king as of his barony of Kendall in free and common socage and are worth yearly clear 20s. Premises in Mithopp held of king as of his barony of Kendall [in] free and common socage by fealty only and are worth yearly clear 10s. The advowson etc. of church of Burton held of king as of his barony of Kendall in free socage and not in chief and is worth nothing yearly because it ought to be freely disposed of.
Note. One hundred acres of moss called "Helderston Mosse, White Mosse and Storre Mosse" and other lands named, together with the manor or lordship of Leighton and the park called Leighton Park, co. Lancaster, are said in the Inquisition to belong to the Marquis Fee. Duchy Lancas. Inq. p.m., vol. 29, n. 64.
The names of those that refuse to pay at the second damanding for thayer harthes within the Constabellwick of Burton in Kendall. Thomas Labrey, 2s.; John Salle, 2s.; James Wedson, 2s.; Widow Sille, 2s.; and Richard Calet, 1s. Acknoledged by William Thomson, constabel in the yeare 1662.
1674 Mary, daughter and heir of Sir George Middleton, knt., and bart., married Somerford Oldfeld of Somerford, co. Chester, who died in or before 1674. His widow is said to have sold the estates in Burton and the demesne of Clawthrop Hall to Thomas Benison of Hornby, esq., whose daughter and heir carried them in marriage to John Fenwick of Burrow Hall, esq., and his brother and heir, Thomas Fenwick, esq., in pursuance of an Act of Parliament for that purpose, sold them to Thomas Pearson, esq., the owner in 1750; Nicolson and Burn, i, 235.
1732 At the Rolls Master of the Rolls. Tuesday the 1st day of May, 6th George II, between John Crosfield, Richard Thompson, Matthew Wright, William Barker, Christopher Beethom, James Strickland, Henry Pearson and Robert Jackson, parishioners in the parish of Burton in Kendal, Richard Sill, Thomas Bateson and John Rawlinson, churchwardens, of the said parish, Plaintiffs. John Benison, vicar of the said parish, defendant. Whereas the said plaintiffs and defendant have respectively signed the following agreement in writing, (fn. 9) to wit, Burton-in-Kendale, April the 17th, Anno Dom. 1732. A perfect Terrier of all the profits and benefits belonging to the Vicar as in particulars hereafter followeth:—The Glebe belonging to the Vicar consists of a vicarage house, barn, stable and other outhouses, 7½ a. of arable and meadow ground, 2½ a. of moss (lying in the township of Burton, held in Fee farm of Thomas Benison, lord of the manor of Burton), and the Church yard. Certain parcels of ground within the parish pay a yearly rate or modus (fn. 10) to the vicar in lieu of tithe hay, as in particular hereafter expressed. Dues for the demesne of Dalton: Peddar field 6s., Mark farm 1s., Noble farm 6d., Lodge Close 2s., Over Askell 2s., Nether Askell 2s., Over Gargel 4d., Nether Gargel 2s. 2d., Pickering Close 6d. Stubbing Bank 6d., New Mires 6d., Atkin Park 8d., Russell meadow 6d., New Close 1d., Arbitrium Priest meadow 2s. 6d., Townson meadow 6d., Keerholm meadow 6d., Nether Green 6d. and Leys 4d., Viver 2½d., Crabtree Close 10d. In Dalton Leys and meadows:—parcel of tenements Henridding meadow 1s., Cragg House meadow 1s., Tunstall Tarn 1d., Spendall Green 2d., Robinson Tarn 1d., Pound acre 3d., Deerslet meadow 6d., Cringle Mire 4d.
Parcel of meadows within Burton called by the name of Oxgangs: Oxgangs now in the demesne of Clawthorp Hall cease to pay Oxgangs and pay tithe hay in kind, John Claughton Oxgang 8d, Christopher Beethom Ox. 6d., ditto Burton Hall 0x. 8d, Mary the wife of George William 0x. 5½d, John Labrow 0x. 2½d, James Lucas infant 0x. ½d., John Porter 0x. 2d., Thomas Burrow 0x. 1d., William Thexton 0x. 2d., Edward Beethom 0x. 4d., Daniel Pearson 0x. 1½d., William Barker 0x. 10½d., John Benison, vicar, 0x., 1½d., John Hutton 0x. 4d., Robert Ewen 0x. 3d., Richard Sill 1d., Richard Lucas for Marlepit Parock 2d., Robert Jackson 0x. 4½d., Thomas Hutton 0x. 5d., John Jackson two Oxgangs 6d., Anne Beethom 0x. 10½d., John Crosfield for sow dub, Curwen and Eddy meadows 0x. 6d., Agnes the wife of Rowland Burrow for Halehead 6d., Kirkbutts tithe hay in kind 2s 10d. (fn. 11) Holme tithe hay for the whole Township 4s. Leys in Burton and Dalton parcel of tenements are to the vicar for every acre 8d.
According to the custom of the parish there is due to the vicar for every mortuary 10s., if the goods of the deceased amount to £40 after the debts are deducted; if to thirty pounds, 6s. 8d; if to twenty nobles, 3s. 4d. Oblations for every married person 1½d., for every unmarried person above 16 years old ½d. For every cow which hath a calf in a year 2d., and for every cow not having a calf within the year and giving milk ½d. in full lieu and satisfaction of tithe milk, the milk and calf to be paid for by the person in whose hands the calf is or shall be dropt. For one, two, three or four calves in one year ½d each, for five calves 2s., for six, seven, eight, nine or ten calves 4s. and after the same rate and proportion for all calves above ten dropt within the parish in full lieu and satisfaction of tithe calves. But if any calves happen to die before the time of payment there is no due for such. Every person within the parish that shears 10 fleeces of wool in one year such person shall first choose two fleeces and then the vicar take one, the first he touches thereout. If he shears nine, eight, seven or six he shall first choose 3 fleeces and then the vicar take one the first he touches thereout. If he shears but five fleeces he shall pay to the vicar half a fleece, and for all under five 1d. per fleece, which are to be collected a week before midsummer. For every sheep sold after Candlemas 1d to be paid by the seller. There is also due to the vicar for ten lambs dropt in one year within the parish and living at the time of payment or sold before, 10d., for nine lambs 9½d., for eight lambs 9d., for seven lambs 8½d., for six lambs 8d., for five lambs 5d., for four lambs 2d., for three lambs 1½d., for two lambs 1d., for one lamb ½d. and according to the same rate and proportion for every lamb above ten and double the sums for the two first years after Induction of a new vicar. There is also payable to the vicar yearly Garth 1d., Hemp ½d. and Line (flax) ½d., which is in lieu and full satisfaction of all tithe of Turnips, Potatoes, Hemp, Line and all other roots, fruits, seeds and esculents.
Every person having hens shall pay yearly 1d. in lieu of all tithe of eggs and chickens. Every person or persons keeping a plough shall pay yearly 1d. in lieu of agistment of "Barron Cattle." For every foal dropt within the parish 1d. if alive at the time of payment and not otherwise. For every swarm of Bees under five 1d. per swarm, if five half a hive, if six or above a whole hive, if ten swarms the owner to take up two, if nine, eight, seven or six swarms the owner to take up three first and then the vicar to take one, the first he touches thereout, and where half a hive is due the owner is to value the hive and give the vicar notice thereof. There is payable to the vicar for pigs, if there be six or above in one litter living at the time of payment, 1s. 6d. or one pig when 3 weeks old, as the vicar chooses. Likewise every person within the parish having young geese, ducks or turkies to the number of six, seven, eight, nine or ten in one year shall give to the vicar one if demanded within 14 days before Michaelmas. For every person married within the parish by licence 5s. or with publication 1s. 6d. registering included in both and for publication and certificate when they are married in another parish 1s. For burials in the church or churchyard and registering 1s., except women that die in childbed and children not baptized for whom nothing is due. For registering of baptisms and churching of women 4d. each. Persons living within the Chappelry of Preston Patrick whether married, baptized, buried or churched at Burton Church are to pay no dues at Preston Chapel. There hath been paid and is payable yearly rates or modusses to the lord of the manor of Preston Patrick aforesaid in lieu and full satisfaction of all tithes of pay growing within Preston Patrick and Holmscales.
The said plaintiffs and defendant do every of them respectively thereby own, acknowledge and agree the said writing to be and contain a true Terrier and particular of the several modusses and customary payments therein mentioned, to be in lieu and full satisfaction of all tithes and tithable matters payable to the vicar and do agree that the said Terrier shall be made an Order of the High Court of Chancery, now upon the motion this day made into the Court by Mr. Fenwick, being of the said plaintiffs council, it was prayed that the said agreement so signed by the said plaintiffs and defendant respectively and dated the 17th of April, 1732, may be made an order of the Court, etc. From the original in possession of J. F. Curwen.