Close Rolls, Henry VI: October 1431 | British History Online

Calendar of Close Rolls, Henry VI: Volume 2, 1429-1435. Originally published by His Majesty's Stationery Office, London, 1933.

'Close Rolls, Henry VI: October 1431', in Calendar of Close Rolls, Henry VI: Volume 2, 1429-1435, (London, 1933) pp. 165-167. British History Online https://www.british-history.ac.uk/cal-close-rolls/hen6/vol2/pp165-167 [accessed 20 April 2024]

October 1431



Oct. 30. Westminster.	John Wymbysshe of Bukinghamshire 'gentilman' to Nicholas Wymbysshe clerk. Recognisance for 44l., to be levied etc. in Bukinghamshire. (fn. 1)
	Membrane 17d.
	Award of William Babyngton chief justice of the Common Bench in regard to a dispute between Master Robert Fitzhugh master and the brethren of the hospital of St. Leonard York, of the foundation of the king's forefathers and of his patronage, and the commonalty of the men dwelling in the towns, hamlets, and places in the Westrithing in Yorkshire and having ploughs there ploughing, touching the right, title and possession of traves commonly called 'Petircorn,' claimed by the plaintiffs as the right and property pertaining of old time to them and the hospital, and that they had the same of the defendants by custom and prescription time out of mind, namely of every plough ploughing one trave of corn of such sort as shall thereby be won, which traves the defendants have unlawfully withheld, and for recovery thereof the master in his own name and in right of the hospital has made divers suits and processes, after hearing on his journey to the assizes at York the importunate clamour of people flocking thither in multitudes not easy to number, who instantly prayed the chief justice to make agreement between the parties, promising to submit themselves to his award, in order to silence and appease them for the time he advised them to choose twelve men and give them power to treat and agree with the plaintiffs to compromise and submit the matter to a circumspect arbitrator, and that those men should come before him at York for themselves and in name of all the defendants, whereupon they chose Alfred Manston, John Maulyverer, Henry Thwaytes, John Gascoigne, Nicholas Fitzwilliam, Thomas Wilton, William Whetelay, John Ledes, John Cursoun, William Holme, Richard Pykburne and William Hunter, who with full power came before the chief justice at the assizes in the chapter house of the cathedral church 2 September 1430, 9 Henry VI, and promised to abide and perform his award, and in the absence of the master, who was over sea upon business of the king and realm, Master Christopher Kirkby warden and attorney of the master, brother John Danyell the cellarer, brother Thomas Neusom deputed and chosen to prosecute the business of the hospital, Peter Hedoun receiver at the hospital exchequer, and Christopher Boynton, Guy de Rouclif, Guy Fairefax, John Thwaytes and William Aiscugh learned in the law, of the counsel of the hospital, came and made like promise for the plaintiffs, requesting the chief justice to take upon him the charge of arbitration; and thereupon in presence of the twelve men the said attorney and the others produced charters of divers kings witnessing the gift of the said traves to the master and brethren for a perpetual possession, not only in the towns etc. of the Westrithing but throughout the whole county and in Cumberland, Westmerland and Lancashire, and produced letters patent of divers earls, barons, knights and worshipful men of those counties, and letters of delegates, of deans, archdeacons, abbots, priors, prioresses of convents, rectors of churches and spiritual men thereof witnessing the said gift and actual payment and seisin of the said traves, also the chief justice saw papal letters of divers popes confirming the said gift and other liberties and grants to the master and brethren, and laying grievous pains and ecclesiastical censures upon such as withhold the said traves, disturb their possessions and rights, or infringe their liberties, and by evidence of writings was informed that the hospital ever was and is of the foundation of the king for the time being, and was in the beginning founded of the said traves, and saw a record under seal of the king expressly containing that for his interest therein and in other the rights of the hospital the king's attorney and the attorney of the master and brethren together came into the king's court, and in right of the hospital impleaded William archbishop of York, the abbot of St. Mary York, Thomas Ughtrede knight and others for detinue of the said traves, and in full court did recover the same with their damages and costs; and after examination thereof and debate, and upon consideration of the custom aforesaid, nothing of substance being set forth on behalf of the defendants to bar the plaintiff's title, it plainly appeared to the chief justice that the said traves of old time were and ought to be payable to the master and brethren, that until this dispute arose they did take the same and were thereof seised in right of the hospital, and that all laymen and clerks, even if men or women of religion, who have ploughs ploughing within the said province are bound yearly to pay them one trave for every plough, except certain men of the church who have made compositions with them under their joint seals, wherefore by consent of the parties he does award that the defendants and their successors shall yearly pay the same as aforesaid to the plaintiffs and their successors according to an act of parliament of 20 October 2 Henry VI, and that two or four sufficient men of every collection of the traves hereinafter specified, such as the plaintiffs will accept, shall have the collection to farm of the master and brethren for a term of six years from Michaelmas next, namely the collections of Doncastre, Wolthwayte, Sherleston and Billynglay, Ledes, Shirburne, Knottynglay and Carleton, paying to the master and brethren 64l. 2s. 8d. on Saturday before Palm Sunday and on Saturday before Trinity Sunday by even portions, namely for the collection of Doncastre 10l. 10s., of Wolthwayte 12l. 5s. 4d., of Sherleston and Billynglay 16l. 16s., of Ledes 105s. 4d., of Shirburne 6l. 6s. 8d., of Knottynglay 7l. 3s. 4d., and of Carleton 116s., that after that term those or other acceptable persons at the nomination of the said twelve men shall have the same to farm, paying as much as others will pay without fraud or covin, provided that if within the hospital they shall not yearly before Midsummer find security for the same, or if before that date no nomination shall be made, it shall be lawful for the master and brethren again to take the collection into their own hands, and demise the same to farm to whom they will at the best price they may, that the damages wherein William Hunter, Richard Brand and John 'of the Abde' were condemned by an inquisition taken at the last assizes at York for detinue of the traves shall be respited and not levied, but a release thereof shall be made after the demise aforesaid and after this award shall be executed and engrossed, and not otherwise, that all pleas, suits and writs pending at suit of the plaintiffs against any persons of the seven collections aforesaid who have consented to this agreement shall be quashed, and all bonds by them given to the plaintiffs shall after the said engrossment be given up, that if there be twelve, twenty or thirty persons who obstinately refuse to pay their traves to the farmers, proportional allowance shall be made them by the plaintiffs in payment of their farm, that the farmers and all others of the Westrithing present at the composition of this agreement shall so far as in them lies favour and aid the plaintiffs and their ministers against such as shall not pay their traves and shall not perform this agreement in all articles thereof, and especially the said twelve men who on the day aforesaid were thereto sworn, and as to arrears by the defendants withdrawn in the four years last past, forasmuch as the chief justice is not fully assured concerning payment and withdrawal thereof, that inquisition concerning the same shall be made by William Scargill, Thomas Wombewelle, Alfred Manston and John Mauleverer, and by their discretion before St. Martin in winter next detinue and payment of the same shall be determined, and the same shall be paid or a release thereof made in whole or by parcels as they shall think best. Dated York, 3 September 9 Henry VI.
	Memorandum of acknowledgment by William Babyngton in chancery at Westminster, 24 November this year.