Lancashire Fines
Diverse counties (John)

Sponsor

Institute of Historical Research

Publication

Author

William Farrer (editor)

Year published

1899

Pages

38-39

Citation Show another format:

'Lancashire Fines: Diverse counties (John)', Final Concords for Lancashire, Part 1: 1189-1307 (1899), pp. 38-39. URL: http://www.british-history.ac.uk/report.aspx?compid=52531 Date accessed: 22 August 2014.


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York. 4 John.

No. 143.—At York, on Saturday in the feast of St. Clement at York (sic), 4 John [23rd November, 1202].

Between William, son of Arkill, (fn. 1) plaintiff, and Benedict, the chaplain of Tateham, tenant, of twenty acres of land with appurtenances in Tateham.

William released his right in the land to Benedict and his heirs, for which Benedict gave him 4 marks of silver.

Divers Counties.

"Lancastre—Westmeriland." 9 John.

No. 51.—At Westminster, on the Octave of St. Hilary, 9 John [20th January, 1208].

Between William, Prior of Cartmell, plaintiff, and Ralph de Buethum, deforciant, respecting common fishing in the water of Kent.

Ralph acknowledged the common of fishing of the said water of Kent to be the right of the Prior and of the Church of St. Michael of Cartmell, upon this wise, to wit, that when the water of Kent shall lie between the said Ralph's land of Swinesnese and Heuesholme, the fishing from opposite Swinesnese, by the head below Heuesholme—when the water lies upon the sand so that men can pass between land and water on either side,—shall be common throughout and for all, both to the Prior and his successors, and to Ralph and his heirs, down to the sea. When however the water of Kent shall lie close to Ralph's land of Arnuluesheued (fn. 2) or Heuesholme, on any portion of Heuesholme (ex quacumque parte de H.), or to the crags thereof, and there shall be pools there (Wellæ), lying close to the land and to the crags, these pools shall be solely, freely, and quietly to Ralph and his heirs, and all the remainder of the water shall be common, from the said Swinesnese by the head below Heuesholme, down to the sea. And when the water of Kent shall lie between the land of Cartmell and Heuesholme, the fishing shall be common from opposite Breidegate, by the head below Heuesholme, both to Ralph and his heirs, and to the Prior and his successors, unless the water shall lie hard upon the land of Cartmell (nisi eadem aqua jaceat firmiter ad terram de C.), and there shall be pools there. Then in that case those pools shall be solely, freely and quietly to the Prior and his successors. For this acknowledgment the Prior gave Ralph five marks of silver. (fn. 3)

Footnotes

1 Possibly this is William, son of Archil of Malham, the earliest known member of the "de Malham" family. He witnessed several charters of grants of land in Eshton and Hetton, co. York, to the Abbey of Furness, between 1180 and 1220. (Brit. Mus., Coucher of Furness, Add. MSS. No. 33,244).
2 Now Arnside.
3 The lapse of seven centuries has not rendered the course of the river Kent in the tidal water less erratic, for it still changes its course at will, sometimes hugging the Grange side of the estuary, at other times favouring the Westmorland side below Arnside Knot. This uncertain tendency was the cause of litigation between the Priory of Cartmel, soon after its foundation, and Ralph de Beetham. The one was owner of the Lancashire side, from the mouth of the Winster westward past Humphrey's Head; the other of the Westmorland side, from Arnside to Silverdale and Lindeth.
In Michaelmas Term, 8 John, in the King's Court at Westminster, litigation appears to have commenced; Ralph de Beetham by his attorney Ranulf de Levenes, and the Prior of Cartmel by Joceline Marshall, being pledged to sue on the Octave of St. Hilary. (C. R. Roll No. 43, m. 12 dorso.) On that date the latter appeared in a plea versus Ralph de Beetham, wherefore he obstructed the Prior in the enjoyment of his fishery in Cainton (i.e. Kent). Ralph essoined himself de malo lecti, but the essoin did not lie, and he was bound by sureties to appear on the quindene of Easter. (Ibid. Roll No. 44, m. 2). The next record of the suit is in Michaelmas Term, 9 John, when the Prior complained that Ralph did not permit him to enjoy his common of fishery in the water of Kaen, as he was accustomed to do, and ought to do, by virtue of the charter of King Henry (II), the King's father, who gave the territory of Kermel to William Marshall, who in turn gave it to the canons of Kermel, with the said common right. Ralph denied the right, whereupon the Prior asked that a jury be summoned to declare whether King Henry was seised of common of that fishery, when he gave the land to William Marshall, and whether the said canons were afterwards seised of the same. A day was given on the octave of St. Martin, a jury to be summoned for the same day. (Ibid. Roll No. 45, m. 2, dorso). Upon that date the Sheriff of Westmorland neglected to send the names of the recognizors, and a further day was given on the octave of St Hilary. The recognizors from co. Lancaster were also ordered to be attached for their default to appear. (Ibid. m. 7 dorso). Upon the day appointed for the further hearing of the case, the parties made concord as above.