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Award of Thomas archbishop of Canterbury and John Prysote
chief justice, in a dispute between John Bourgchier lord Berners,
Humphrey Bourgchier esquire and Elizabeth his wife, daughter
of Francis Tylney esquire, on the one part, and Robert Tylney
esquire and Hugh Tylney, her uncles, and all those persons
claiming to their use of the lands of the late Philip Tylney in
Lincoln, York, Cambridge and Stafford: whereupon Lord
Berners and Robert and Hugh Tylney are mutually bound in
Dc. marks, under date of 5 February, 33 Henry VI, to obey such
award, if given before Christmas this year. First, a mesuage and
24 acres of land in Leveryngton in Persondrove, co. Cambridge,
all lands etc. late of Simon Gamull in Quapplode and a mese
called 'Scolemaisters' place' in Boston, to be sold: the said Robert
Tylney to have all manors etc. in Holbeche, Quapplode and
Multon co. Lincoln: the principal mesuage in Boston, with
lands and tenements in Tylney lane and Herwod lane therein,
assigned to him by will. And Hugh Tylney shall have lands and
a marsh called Whiteshowe bought of Patrick Skypwith, that were
of John of Tylney in Holbeche, Quapplod and Multon: and all
meses etc. of the same in Love Lane, and a pasture in the Friars
Austin in Boston, the reversion of 'Cowbrige' mesuage, and all
lands in Skerbek, Boston, Tofte, Frestone, Boterwyk and Benyngton co. Lincoln, which Richard Tylney holds for term of his life,
saving two meses in Boston, and divers rents and houses in
Tumby lane therein. Where Hugh Withome knight held divers
messuages in Wyberton, Skyrbek and Boston, once of Frayry
Tylney and lands which Margaret Tylney held in dower therein,
with reversion to Margaret late wife of Hugh Withome esquire,
by feoffment of Richard Ravensere archdeacon of Lincoln, John
Ravensere parson of Algerkirke, Thomas Chosell of Boston,
Henry de Eston, John Frary priest, John of Holmeton, John
Hersyk of Boston and William Balsham clerk, with remainder to
Philip Tylney, grandfather to Sir Philip, canon and his heirs:
which lands Philip Tylney canon assigned to Hugh his son and
desired Patrick Skipwith esquire, Thomas Meres esquire and
William Godynge, their feoffees to make estate thereof to him or
his heirs for ever more. Award, that all persons enfeoffed of
Fyssherwyke manor co. Stafford, and all other meses etc. in
Tidde St. Giles co. Cambridge and Tidde St. Mary co. Lincoln
purchased by Philip, make estate of the same to Robert and his
heirs with remainder to Robert. Award, that Elizabeth shall
have Thornkynlandez manor in Norfolk and the residue of all
lands etc. not otherwise awarded: and all persons enfeoffed in
the same shall make estate thereof to her: and John, Humphrey
and Elizabeth shall take the issues and profits of the said manors
in the shires of York and Lincoln: for which John lord Berners
shall pay Robert 116l. 13s. 4d. by instalments here assigned.
And Robert shall have the counterpart of the evidences concerning
the manors entailed to Elizabeth and the rents of all farms due
before the Purification, 32 Henry VI, saving the issues assigned
by the arbitrators to John lord Berners. And Elizabeth shall
enjoy manors granted her by will of Philip without lett of Robert
and Hugh: who shall likewise enjoy all lands awarded to them
without lett of lord Berners etc. And if it be proved by fine that
any manors be entailed to Elizabeth, then she shall have the
same: and if she die before day of judgement, then lord Berners
shall be discharged of so much of the 116l. 13s. 4d. already paid,
or repaid after his death: that the inheritance whereof Elizabeth
is now seised descend immediately to Robert after her death.
In witness whereof etc. Given 3 November, 34 Henry VI. |