Register and Records of Holm Cultram. Originally published by T Wilson & Son, Kendal, 1929.
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263. (C. p. 224).—The abbot of Holmcoltran before Hugh de Cressingham and his fellow justices claimed free warren in all his demesne lands in Flemingby; also sea-wrack in Holmcoltran, and freedom from suits, county courts, wapentake, common of amercements, fines, tolls, passage, pontage and stallage .
263a.(H. 1).—Pleas of the Crown before Hugh de Cressingham and other justices itinerant at Carlisle, on the morrow of All Souls, 20 Edward [Nov. 1st, 1292]. Bailiwick of Cumberland and Allerdale; re sea-wrack claimed by the abbot of Holmcoltran throughout the island of Holmcoltran; also by Thomas f. Lambert de Multon in all his lands in Coupland and by the abbot of St. Mary's, York, in all his lands in Coupland, by what warrant is unknown. They appeared in person. The abbot of Holmcoltran said that his predecessors were seised of sea-wrack, etc. and the jury found this, etc. [sic]; therefore the king may have a writ against him if he should desire it, etc. [sic]. As to the abbot of St. Mary's and Thomas f. Lambert, the case is tried elsewhere .
264. (C. pp. 225-231).—Pleas before Hugh de Cressingham and his fellow justices at Carlisle, 20 Edward. The king by William Hynge v. the abbot of Holmcoltran claims the island of Holmcoltran and 30 acres of land and 8 acres of meadow at Hildekyrk, of which king Henry his great-grandfather was seised. The abbot in person replied with the charters of king Henry, king Richard and king John giving the bounds of the grant of Holmcoltran and Rabi; and as to Hildekirk he showed the charters of king John and king Henry III. Then Hugh de Multon, Robert de Haverington, Hubert de Multon and William de Boyvill, knights, elected the following:—John de Hodliston, Robert de Feritate, Thomas de Culwenne, Thomas de Neuton, John de Terriby, Richard de Kirkebrid, Thomas de Derwentwater, Henry de Seburham, Geoffrey de Seburham, Adam de Dolfinby, Walter de Bampton, Robert de Wyterigg and Richard de Laton; who said on their oath that the abbot had more right in the above than the king. The enquiry was postponed sine die.
The same abbot was summoned to show by what warrant he claimed to be free of common fines, amercements and suits of the counties and wapentakes, toll, pontage, passage, lestage and stallage [i.e. tolls at ports and fairs], free warren in Flemingby, seawrack (wreckum, anything cast up by the sea) and 'wayf' (the Latin bona waviata, goods abandoned by the owner or by the thief who had stolen them) in Holmcoltran. He replied in person by exhibiting charters of King John and King Edward; he did not claim 'wayf' but he claimed sea-wrack by king Henry's charter giving the whole island of Holmcoltran, etc. William Hynge objected that the said charter did not expressly mention seawrack, but the abbot replied that his predecessors had always taken wrack before the time of King Richard without hindrance. The jury found that all these rights had been enjoyed by the abbey, including sea-wrack.
In the octave of St. Hilary, 22 Edward [I, 1294] at York, the abbot appeared by attorney. Roger de Hegham, in place of William Hinge, pleaded that sea-wrack was not expressly included in the charter of Henry [II] and was a crown right, not the appurtenance of any tenement. It was considered that the king should recover sea-wrack against the abbot. The coroners of Cumberland were directed to make a sworn statement of the value of the sea-wrack and put it before the justices within three weeks after Easter, and the sheriff to charge it in his accounts. As to other liberties named in the charter, the enquiry was deferred.