An agreement as to the fees payable to the steward with respect to
surrenders and enrolments :-
((See also a modern transcript by R H Johnston of an apparently different copy
in Hants Record Office))
CRONDAL HUNDRED. - AT A COURT HELD THERE, ON THE NINTH DAY OF SEPTEMBER,
1672.- Whereas, divers variances and disagreements heretofore have been had
and raised between the tenants of this manor and hundred, and the Steward and
((Clerk)) of the lands belonging to the Dean and Chapter of the Cathedral Church
of the Holy Trinity of Winchester, concerning the fees, due and payable unto
the said officers by the tenants aforesaid. And whereas, by reason that the
said differences were not composed, several inconveniences have accrued, as
well to the lord and tenants, as also to the said steward and clerk of the
lands for the time being, by the not entering of surrenders, not craving of
admittances, and making out of copies thereupon and otherwise, whereby the
tenants' estates and interest in their lands have been apparently endangered,
and the lords ((have)) been uncertain of their tenants and services, and many
other disorders and inconveniences have arisen. And whereas, the said tenants
and homage, and Henry Kelsey, Esqr., steward of the said court and clerk of
the lands, did at a court of the said manor and hundred, held on 13th April,
1670, humbly entreat Mr. Dean and Mr. Receiver, that they would take the said
matter into consideration, to the end that the said differences might be
composed, and the inconveniences aforesaid prevented and avoided: whereupon,
the said tenants ((Page 384)) and homage upon conference had, did at the same
court declare themselves satisfied and contented to pay the fees contained in
a schedule of the same, taken out of the muniment house of the Dean and
Chapter of Winchester, as to all other things expressed; except what is
hereafter mentioned (that is to say) the said Henry Kelsey did agree to take
but 20s. for the whole fees due and payable unto the said Henry Kelsey as
steward and clerk of the lands, upon and for a title by surrender within the
said manor and hundred, that is the surrender, grant, admission and copy,
20s., and also 13s. 4d. for the grant and copy and admission upon, and for a
title by descent; and it was agreed that the before mentioned particulars
should be settled by counsel. It is therefore, at this present court in
performance of the said agreement, ordered, agreed, and declared both by the
said Henry Kelsey, on behalf of himself and his successors in the said places
and offices, and by the said tenants and homage now sworn, on behalf of
themselves, and their heirs and assigns; having advised thereupon with counsel
learned in the law; that the said agreement as is before declared to he made,
shall for the future stand ratified, confirmed, and established, and be
observed in every clause and article thereof; only with these alterations
following, viz. That in case, any title shall descend to any tenant, that
shall neglect to perfect and finish the same, within three general courts next
after such title shall descend, then the whole fees of 13s. 4d. for the same
title, presented upon such neglect shall be paid notwithstanding. And if any
person unto whom any surrender shall be made, shall not finish and perfect the
same at the court, when any such surrender shall be made or presented, then
the said 20s. shall be divided and paid to the steward and clerk of the lands
as followeth; viz., 10s. at the entering of the surrender into the court book,
and 10s. at the finishing and perfecting the grant, admission, and copy
thereof; but if a mortgage, or conditional surrender shall be made, and no
wilful default shall be on the tenant's part; whereby the said steward and
clerk of the lands may be hindered from taking of the said 20s. for a title by
surrender, that then the said 20s. shall be divided and the steward and clerk
of the lands shall be ((paid)) forthwith. And for entering every such
surrender, and in case the grant and admission, and copy, be afterwards done
and performed, then 10s. more. And it is further agreed that the fee for
entering such condition, contained in surrenders is, 1s., and for making of
copies of any matter search((ed)) for in the books is, 6s. 8d., and for entering
the acknowledgment of satisfaction on any mortgage surrender is, 3s. 4d., and
no more; and that such other fees, not expressed in the said schedules before
mentioned, shall be paid as the same have been formerly accustomed, And that
the particulars of the aforesaid schedules, taken out of the said muniment
house (except ((Page 385)) such parts thereof as are expressly altered by the
afore mentioned agreement) are as followeth:-
THE STEWARD'S FEES.
For respecting every warrant 6s. 8d.
For every licence to let land 3s. 4d.
Item every licence to exchange land 2s. 6d.
Item every examination 6s. 8d.
Item the commitment of every orphan 2s. 6d.
Item for forfeiture of every widow or tenant 2s. 6d.
THE CLERK'S FEES.
Item every warrant 6s. 8d.
Item respecting every warrant 3s. 4d.
Item the assignment of every warrant 3s. 4d.
Item entering every licence and copy of the same 6s. 8d.
Item licence to exchange land 2s. 6d.
Item every examination 2s. 0d.
Item entering any order 2s. 0d.
Item every search 3s. 4d.
Item the commitment of every orphan 1s. 4d.
Item recording the forfeiture of widows or tenants 2s. 4d.
It is further established, ordered, and agreed, in pursuance of the last
clause, mentioned in the order of ((the court)) held as aforesaid, on April
13th, 1670; that the fees due aforesaid to the steward and clerk of the lands,
shall be allotted and divided to each of the said officers and their
successors, as to the Dean and Chapter of Winchester shall seem meet.
MEMORANDUM, it is ordered and agreed, that if any tenant upon request
made, shall refuse to subscribe or set his hand to the order and agreement
before written; such tenant so refusing, his heirs and assigns, shall have no
benefit of or by the said order or agreement, or composition as aforesaid, as
if it had not been made, anything before written to the contrary
notwithstanding.
In witness whereof, the said Henry Kelsey, and the customary tenants of
the said manor and hundred, have mutually set their hands to the order of the
court, and agreement above written :-
HENRY KELSEY, Steward and Clerk of the lands.
Tenants' hands.
WHITE TICHBORNE
JOSEPH TERRY
WILLM. RAKER
WILL. BURLE
THOS. WEELLER
GEORGE BURLE
JAMES SWAIN
ROBERT COURTNESS
ROBERT HANDNAM
MICHAEL SUTTEN
EDWARD GOODYER
WILLIAM PARKE
JOHN APARKE
NICOLAS DEAN
ROBERT REEVES
NICOLAS WATTS
STEPHEN HUNT
And many others.
MEMORANDUM, this order and agreement is made, by and with the consent of
us,
WILLM. CLARK, Dean.
WILLM. PAYNE, Receiver.
((Page 386))
THE YATELEY TITHE CASE
In the year 1604, Richard Heath, the lessee of the tithes of the Parish
of Yateley, instituted proceedings in the Consistory Court, against Martin
Shonk, one of the tenants, with respect to certain disputes between them, as
to what tithes were payable, and the customary mode and usage in collecting
them. The defendant thereupon obtained a writ of prohibition from the King's
Court, and commenced an action against the lessee. A copy of the proceedings
of the suit, translated from the original record in the time of Charles II,
was found among the papers of the late Capt. Mason, of Hall Place, Yateley.
It contains many interesting particulars - particulars which are now a matter
of history as the Tithe Commutation Act swept away these old customs, as well
as the uncertainties and troubles attendant upon the collection of tithes in
kind. The document is given in its entirety, with all its repetitions,
ambiguities, and defects.
SHONK versus HEATH. - A.D. 1605-6
Pleas before the Lord the King, at Westminster, of the Term of St.
Hillary, in the year of the Reign of our Lord James, by the grace of God, of
England, Scotland, France, and Ireland, King, defender of the faith, etc., the
third; witness J. Popham {1. Sir John Popham, knight, appointed Lord Chief
Justice of the King's Bench, on 2nd June, 1592. He held this office up to the
time of his death, 10th June 1607, and was buried in Wellington Church,
Somersetshire} at Westminster. - Roll, 693.
SOUTHAMPTON - Be it remembered that otherwise, to wit, in the Term of
Easter last past, before the Lord the King, at Westminster, came Martin Shonk,
of Yeately, in the County of Southampton, Yeoman; who, as well for the Lord
the King as for himself, prosecuteth by Thomas Purcell, his Attorney, and
brought here in court of the said Lord the King, then there, a certain Bill
against Richard Heath, farmer, hirer, occupier, and possessor of the Rectory
impropriate of the Parish Church of Yeately, in the Diocese of Winton; in the
custody of the Marshall, etc., of a plea of trespass and contempt against
those who prosecute in the Court Christian, after the King's prohibition,
first thereof to them in the contrary, directed and delivered. And there are
pledges to prosecute, to wit; - John Dod and Richard Roe. Which said Bill
follows in these words.
((Page 387))
SOUTHAMPTON. - Martin Shonk, of Yeately, in the County of Southampton,
Yeoman, who, as well as for the Lord the King as for himself, follows,
complains of Richard Heath, farmer, occupier, and possessor of the Rectory
impropriate of the Parish Church of Yately, in the Diocese of Winton, in the
custody of the Marshal of the Marshalsies of the King, before the King
himself, being for that, to wit; - that whereas within the Parish of Yately
aforesaid, the ends, limits, and the tithable places of the parish aforesaid,
there is, and from time out of memory of men hath been, such laudable and
ancient custom and manner of tithing following, for the tithes within the
parish aforesaid, coming, renewing, happening, and being, to wit:-
HAY.- That all and every person or persons having, possessing, or
occupying any meadow or meadows or any other lands, called Upland grounds,
otherwise Hardlands, which heretofore were lands arable or occupied, and used
for pasture, and the same meadows, lands, and pastures have mown, and the
grass thereof so mown have made into hay; have paid, and by the whole time
aforesaid, have been accustomed to pay, to the Rector of the Parish Church, or
to the farmer or deputy thereof, for the time being, yearly, at the Feast of
Easter, or afterwards at the request of him, the Rector, his farmer or deputy,
for the time being; for every acre thereof two pence of lawful money of
England, in full and whole payment, satisfaction and discharge, and in the
name and place of all and singular the tithes of hay, in and out of such land,
pasture, and meadow, within the parish aforesaid, ends, limits, and tithable
places of the parish; coming, renewing, or any way happening (except only such
meadow, now one Richard Allen's, situate, lying, and being in Yately
aforesaid, belonging and appertaining to a certain tenement or farm of the
same Richard, there called Hall place; containing by estimation 24 acres of
meadow, and such like meadow belonging to a certain farm there, called
Chandler's farm, containing by estimation 18 acres, now in the tenure and
occupation of one Christopher Lambert; and also one meadow there, now one
Humphrey Clark's, called Great Mead, containing by estimation 6 acres). Which
said two pence for every acre of meadow, land, and pasture in form aforesaid,
payable to the Rector of the Parish Church of Yeately aforesaid, or his farmer
or deputy of that Rectory or tithes thereof, for the time being; in full and
entire payment, satisfaction, content, discharge, and in the name and place of
all singular tithes of hay in or out of such meadow, land, and pastures as
aforesaid, mowed (except for the before excepted), by the whole time
aforesaid, have received, accepted and had. And as to the tithes of hay
coming out of the meadow, now the aforesaid Richard Allen's, belonging to the
said farm there, called Hall Place; and the aforesaid ((Page 388)) meadow,
sometime in the tenure or occupation of Christopher Lambert, belonging to the
aforesaid farm, called Chaundler's farm; and the aforesaid meadow, called
Great Mead, now Humphrey Clark's; the proprietors or farmers of those
tenements and meadows, by the whole time aforesaid, have paid and have used to
pay to the Rector aforesaid, or farmer of that Rectory, for the time being,
the tithes of the hay thereof coming in its kind, species, and nature, to wit,
the tenth cock of the first little cocks out of the herb and grass, in and
upon meadows mowed, coming or happening.
WOOL. - And that within the parish aforesaid, by the whole time
aforesaid, there hath been and is, another certain custom and manner of
tithing following, to wit; - that every person having or keeping sheep within
the parish aforesaid, by him kept and shorn, for the whole time aforesaid,
time out of mind, at the time of shearing of them, have used to deliver to the
Rector of the Parish Church aforesaid,, or to his farmer or deputy of that
Rectory, or of the tythes thereof, for the time being; the tenth fleece of the
whole wool, called fleece wool, out of such his sheep, within the parish
aforesaid, coming and happening, if he should have in the same year ten
fleeces of wool; and if he had not in the same year, ten fleeces of wool, then
the tenth part, as it shall fall out, in weight, coming from off the sheep
kept within the parish aforesaid; in full and entire payment, satisfaction,
and content, of the tithes of all the wool from off such sheep, within the
parish aforesaid shorn, coming, renewing and happening.
CALVES. - And that every person having any calf or calves out of his
cows, kept within the parish aforesaid, falling under the number of seven
calves, for the whole time aforesaid, hath paid and used to pay, to the Rector
of that Parish Church, or the farmer or deputy of that Rectory, or of the
tithes thereof, for the time being; yearly, at the Feast of Easter next
following after the fall of such calves, or afterwards, at the request of the
same Rector, farmer or deputy of that Rectory, or of the tythes thereof, for
the time being; one halfpenny for every calf under the number of seven calves,
within the parish aforesaid falling and by him within the parish aforesaid
brought up.
And if he should have in any one year seven calves, then he hath paid,
and for the whole time aforesaid, hath used to pay, to the Rector of that
Parish Church, or his farmer or deputy of that Rectory, or of the tithes
thereof, for the time being; one calf at the end of five weeks next after the
fall of the same calf; and then the Rector of that Parish Church, his farmer
or deputy of that Rectory, for the time being; hath paid and used to pay to
such person so having seven calves, three halfpence at the Feast of Easter
then next following, or afterwards at the request of such person.
((Page 389))
And if he had in the same year eight calves, he hath paid and used to
pay, to the Rector of that Parish Church, his farmer or deputy of that
Rectory, one calf. And then the Rector, farmer or deputy of that Rectory,
have used to pay to such person so having eight calves, one penny, yearly, at
the Feast of Easter aforesaid, or after at the request of such person.
And if such person should have in any one year nine calves within the
parish aforesaid, then for the whole time aforesaid, he hath paid and used to
pay, to the Rector of that Parish Church, or his farmer or deputy of that
Rectory or of the tithes thereof, for the time being; one calf, and then the
Rector, farmer or deputy of that Rectory, hath paid and used to pay to such
person so having nine calves, one halfpenny, yearly, at the Feast of Easter
aforesaid, or after at the request of such person.
And if he should have in any one year ten calves, then for the whole time
aforesaid, he hath paid and used to pay, to the Rector of that Parish Church,
or to his farmer of that Rectory or of the tithes thereof, for the time being,
the tenth calf.
And if such person and persons so having within the parish aforesaid, the
ends, limits and tithable places of the same parish, any calf or calves under
the number of seven calves, and he shall not bring up such calves, but those
calves or any of them should sell; then he hath paid or used to pay, to the
Rector or farmer of that Parish Church or of the tithes thereof, for the time
being; the tenth penny of the price of every calf so sold, yearly, at the
Feast of Easter next after the sale of those calves or any of them, or
afterwards at the request of the same Rector, farmer or deputy of that Rectory
or of the tithes thereof, for the time being.
And if such person so having any calf or calves within the parish
aforesaid, under the number of seven calves, and such calves or any of them
shall slay or kill, then for the whole time aforesaid, he hath paid and used
to pay, to the Rector of that Parish Church, or his farmer or deputy of that
Rectory or of the tithes thereof, for the time being; the right shoulder of
every calf so slain, at the time of the killing of the same calf, in full and
entire payment, satisfaction, content, and discharge of all and singular the
tithes of calves within the said parish, falling, coming, and happening.
LAMBS. - And that every person having any lamb or lambs in any one year,
not attaining to the number of seven lambs, within the said parish brought
forth and falling, hath paid and used to pay, at the Feasts of Easter, yearly,
to the said Rector or his farmer of that Rectory, or of the tithes thereof for
the time being; for every lamb one half-penny. And if he should have seven
lambs, and no more, then he hath used to ((Page 390)) pay and deliver to the
same Rector, or his farmer or deputy of that Rectory for the time being; one
lamb, at the feast of St Mark the Evangelist, and then the said Rector, farmer
or his deputy hath used to pay to the same person three half-pence, yearly, at
the Feast of Easter, or afterwards at the request of such person. And if such
person shall have eight lambs and no more, then he hath used to pay to the
same Rector, farmer or deputy of that Rectory for the time being; one lamb, at
the Feast of St Mark the Evangelist aforesaid; and the same Rector, farmer or
deputy hath used to pay to the same person, one penny yearly, at the Feast of
Easter, or after at the request of such person. And if such person shall have
nine lambs and no more, in the same year, then he hath used to deliver to the
same Rector, or his farmer or deputy for the time being; one lamb, and then
that Rector, farmer or deputy, hath used to pay to the same person, one
halfpenny at the Feast of Easter, or afterwards at the request of such person;
in full payment, content, and discharge of such lambs not attaining to the
number of ten lambs, within the said parish brought forth, falling, or
happening.
PIGS. - And that for the whole time aforesaid, within the said parish,
there hath been, and is, another certain custom and manner of tithing
following, to wit; - that every person having pig or pigs in any one year,
under the number of seven pigs, and falling and coming within the said parish,
hath paid and used to pay at the Feast of Easter, for every the aforesaid
young pigs, to the Rector of that Parish Church, his farmer or deputy, one
farthing. And if he hath had seven young pigs, then he hath paid and used to
pay, to the Rector, or his farmer for the time being; one young pig, when he
shall come to the age of fifteen days, and then the Rector, farmer or deputy
aforesaid, hath used to pay to such person three farthings, yearly, at the
Feast of Easter, or after at the request of such person. And if he had eight
young pigs and no more, then he hath used to pay at the age aforesaid, to the
Rector, farmer or deputy, of the said Rectory, one young pig, and then the
Rector or said farmer, hath used to pay such person, one halfpenny, at the
Feast of Easter then next following, or after at the request of such person.
And if he shall have nine young pigs and no more, then he hath used to pay and
deliver at the age aforesaid, to the same Rector, farmer or deputy of that
Rectory for the time being; one young pig, and then the Rector or farmer
aforesaid, hath used to pay to such person, one farthing, at the Feast of
Easter, or afterwards at the request of such person. And if he hath in the
same year, ten young pigs, then he hath paid and used to pay at the age
aforesaid, to the said Rector, or his farmer or deputy, the tenth young pig;
in full payment, satisfaction, content, and discharge ((Page 391)) of all and
singular tithes of such young pigs, within the said parish coming and
happening.
GEESE. - And that for the whole time aforesaid, within the said parish,
there hath been and is, another custom and manner of tithing, following to
wit; - that every person having and keeping any geese or goose within the said
parish, in any one year, under the number of seven geese by the whole time,
yearly at the Feast of Easter, or after at the request of the Rector, farmer
or deputy aforesaid, hath paid and used to pay, to Rector, farmer or deputy
aforesaid, for every such goose, one farthing. And if he hath had seven and
no more, then he hath used to pay and deliver one goose to the same Rector or
farmer of the said Rectory, and then the Rector of the same Parish Church, or
his farmer or deputy, hath used to pay to such person, three farthings, at the
Feast of Easter, or after at the request of such person. And if he hath eight
geese and no more, then he hath used to pay and deliver to the said Rector, or
his farmer, one goose, and the said Rector or his farmer, hath used to pay
such person, one halfpenny, at the said Feast of Easter, or after at the
request of such persons. And if he hath nine geese and no more, then he hath
used to pay and deliver to the said Rector, or his farmer, one goose, and then
the said Rector or his farmer hath used to pay to such person, one farthing,
at the said Feast of Easter, or after at the request of such person. And if
he hath ten geese, then he hath used to pay and deliver to the same Rector, or
his farmer, one goose; in full payment, satisfaction, content, and discharge
of all and singular tithes of geese within the said parish kept.
BEES AND HONEY. - And that by the whole time aforesaid, within the said
parish, there hath been and is, another custom and manner of tithing,
following to wit:- that every person having any bees hath paid and used to
pay, to the Rector, farmer or his deputy, for the time being; for every swarm
of them within the said parish, coming under the number of seven swarms,
yearly, at the said Feast of Easter, or after at the request of the said
Rector or said farmer, one penny of lawful money of England. And if he hath
in any year seven swarms of bees then he hath and used to pay, to the said
Rector, farmer or deputy aforesaid, one swarm, and then the Rector or farmer
aforesaid, hath used to pay such person threepence. And if he hath eight
swarms, then he hath paid and used to pay, to the Rector one swarm, and then
the Rector, farmer or deputy ought to pay to such person, twopence. And if he
hath nine swarms, then he hath used to pay, one swarm, and then the said
Rector, farmer or deputy ought to pay to such person, one penny. And if he
hath in any one year, ten swarms of bees, then he hath used to pay, to the
said Rector or farmer, one swarm of bees hived; and then ((Page 392)) upon
notice thereof given to the said Rector, or farmer; the said Rector or farmer
ought to take away the swarm and hive, and then he ought to pay to such
person, fourpence, for the said hive, and for his labour in that part. And so
likewise such person so having bees, as aforesaid, ought to pay the 7th, 8th
and 9th swarm with the hive; and the said Rector, farmer or deputy ought to
pay such person, fourpence, in manner and form aforesaid. Which said custom
and manner of tithing for bees, the said Rector, or farmer of the said
Rectory, for the time being; hath in full and entire payment, satisfaction,
content, and discharge of all and singular, the tithe of honey, wax, and bees,
within the said parish, coming, renewing, or happening; have received,
accepted and had.
HENS' EGGS. - And that by the whole time aforesaid, within the said
parish, there hath been and is, another certain custom and manner of tithing,
following, to wit; - that every person having and keeping any hen or hens
within the said parish, hath paid and used to pay, yearly, at the said Feast
of Easter, to the Rector, or farmer of the said Rectory, such a number of eggs
coming of the said hens, as by the discretion and conscience of the wife of
such person, or if he hath not a wife, by the discretion of his housekeeper,
as there seems agreeable, without any certainty or payment, of any certain
number of eggs; and if such persons have any hens which lay no eggs, then such
persons, yearly, at the said Feast of Easter, hath used to pay to such Rector,
or farmer, one penny of lawful money; in full and entire payment,
satisfaction, content, and discharge of eggs and other profit of those hens
coming and happening.
GARDENS. - And that for the whole time aforesaid, there hath been and is,
another certain custom and manner of tithing following, to wit; - that every
person having and possessing a garden or gardens, within the said parish,
ends, limits, and places tithable of the same parish; yearly, by the whole
time aforesaid, at the said Feast of Easter, or after at the request of the
said Rector, farmer, or deputy of that Rectory, hath paid and used to pay, to
the said Rector, or his farmer, or deputy of that Rectory, for every garden
within that parish, one penny; in full payment, satisfaction, content, and
discharge of all, and all manner of tithes of such gardens, being within the
said parish coming, growing, or renewing.
COWS' MILK. - And that for the said whole time, within the said parish,
there hath been and is, another certain custom and manner of tithing
following, to wit; - that every person within the said parish having and
keeping any milch cow or cows, within the said parish, ends, limits, and
places, tithable of the same parish, hath paid and used to pay, to the said
Rector of the said Parish Church, or his farmer, yearly, at the said ((Page
393)) Feast of Easter, or after at the request of the said Rector, farmer or
deputy, for every cow, one penny; if such cow hath a calf the same year, and
if she hath no calf, or hath cast her calf untimely; then he hath paid and
used to pay, at the Feast of Easter, to the Rector, or farmer, for every such
cow, one halfpenny; and likewise for every heifer of the first calves, hath
used to pay to the Rector, or farmer, at the said Feast of Easter, one
halfpenny; in full payment, satisfaction, content, and discharge of all and
singular the tithes of milk and cheese of his cows and heifers, within the
said parish coming and happening.
MARES AND COLTS. - And for the whole time aforesaid, within the said
parish, there hath been and is, another certain custom and manner of tithing
following, to wit; - that if any person within the said parish having any mare
or mares within the said parish, which in any one year, shall bring forth a
colt or colts; if those colts or colt shall live one year, then for the said
time, hath used to pay to the said Rector, or his farmer, yearly, at the said
Feast of Easter, or after at the request of the said Rector, or farmer, for
every colt, one penny; in full satisfaction of all and singular the tithes of
colts, coming and happening out of the mares within the said parish.
EASTER DUES AND MARRIAGE FEES. - And that within the said parish, for the
said whole time there hath been and is, another certain custom and manner of
tithing following, to wit; - that every person within the said parish being a
householder, married, and abiding within the said parish, hath paid and used
to pay for himself and his wife, at the said Feast of Easter, or after at
request of him, the Rector, or farmer, fourpence, in name of an offering. And
every other person being a householder, not married, hath used to pay to the
said Rector, twopence for his offering; and every other person within the same
parish, being a Communicant within the said parish, at the first time of his
communicating, hath paid and used to pay to the said Rector, one halfpenny for
his offering, and always afterwards, twopence; in full and entire payment,
satisfaction, and content of all and singular the offerings within the said
parish, due or payable to the said Rector. And that every person inhabiting
and abiding within the said parish, and marrying a wife within the said
parish; hath paid and used to pay, to the said Rector, or farmer, for his
marriage, eightpence, at the time of his marriage. And that every person
inhabiting without the said parish, and marrying any woman within the same
parish, and there being married, and after his marriage removing without that
parish; hath paid and used to pay, to the Rector there, at the time of his
marriage, fourteenpence, in full payment, satisfaction, content, and discharge
of all and singular the sums of money or profit for marrying of such persons,
to be taken or demanded.
((Page 394))
ARABLE LANDS. - And whereas within the said parish, ends, limits, and
places, tithable of the same parish, there are a thousand acres of arable land
at least. And whereas, within the same parish there is, and time out of mind
hath been, a laudable and ancient custom and manner of tithing, following, to
wit; - that every person having, possessing, or occupying, any arable lands
within the said parish, and shall sow the same lands with wheat, rye, or
mestlin, hath used, and time out of mind have used; every year in apt and ripe
times of the year, at his proper costs and charges, to mow and cut down those
grains, and afterwards to bind them into sheaves; and after that, from such
grain so reaped, mowed, cut down, and bound up in sheaves, yearly; to set
forth and lay out, the tenth sheaf thereof, to the use of the Rector of the
Parish Church of that parish, or his farmer or deputy thereof, for the time
being; in full and entire payment, satisfaction, and in the name and place of
all and singular the tithes of such kind of grain, within the said parish,
ends, limits, and places tithable of the same parish, renewing, coming, or
anyways happening.
And that every person having, possessing, or occupying any arable lands
within the said parish, ends, limits, and tithable places of the said parish;
and shall sow such lands with barley, oats, peas, or vetches, hath used, and
for the whole time hath used; every year, in fit and right times of year, at
his own costs and charges to mow the said barley, oats, peas, and vetches, and
after that the said grains were so mowed, the same grains with a rake and
other instruments to gather together, and when the said grains were made into
cocks, then, yearly, to set forth and lay out the tenth cock thereof; in full
and entire payment, satisfaction, and discharge, and in the name and place of
all and singular, the tithes of barley, oats, peas, and vetches, within the
said parish, growing, renewing, or anyways happening.
OXEN AND BARREN CATTLE. - And that every person within the said parish,
having or possessing any bulls, oxen, horses, mares, geldings, colts, heifers,
and such barren cattle, for the use of husbandry, within the said parish, and
exercised, used, or applied to the ploughing, dressing, and tilling of any
land of such person, within the said parish, ends, limits, or places tithable
of the same parish; and for the carrying of the grain and hay of such person
within the said parish, and for the carrying of dung and muck to any land
there to fatten the earth; or for the doing of any other necessary thing, as
well without the parish to be performed, in riding and labouring, or in the
service of the lord the King, for carriage, or other his necessary things, or
otherwise whatsoever, in the business of such person or persons; and disposed
for such use, brought up, educated, and kept for the most part upon the waste
grounds within the said parish; ((Page 395)) for the whole time aforesaid, hath
been of the payment all, and all manner of tithes of such barren cattle, and
herbage, and pasture for such bulls, oxen, horses, geldings, and other the
said cattle; for the uses, businesses, and profit aforesaid, so as aforesaid
exercised, applied, and brought up; are altogether discharged, and acquitted,
by reason and pretext of the premises. And for that the bulls, oxen, horses,
geldings, and other the said cattle above mentioned; the arable land within
the said parish whence the said tithes of grain are had, do plough, till, and
manure, and very many great gains, profits, commodities, and advantages of the
labour of such cattle above mentioned, for the use of husbandry, as well to
the Rector of the said parish, or farmer of the tithes thereof, for the time
being; as to the Commonwealth, daily and every day come and grown.
Which said several prescriptions, for all and singular, the premises in
form aforesaid payable, and the due manner of tithing aforesaid, and the said
customs in form aforesaid used. The Rector of that parish, or his farmer or
deputy of that Rectory, or of the tithes thereof, for the time being; time out
of mind, yearly; in full payment, satisfaction, content, and discharge, and in
the name and place of all and singular, the tithes of all and singular the
premises before mentioned, renewing, coming, and happening for the whole time
aforesaid, have received, accepted and had.
Nevertheless, the said Richard Heath, farmer, hirer, occupier, and
possessor of the Rectory impropriate, of the Parish Church of Yeatly, in the
Diocese of Winton; not ignorant of the premises, contriving him, the said
Martin against the form of the law of this Kingdom of England, and against the
form and effect of the said customs; unduly to trouble, vex, and weary, hath
drawn into suite him the said Martin Shonke, into the Court Christian, before
the worshipful Master, Thomas Ridley, Doctor of Laws, Official Principal of
the Consistory Court of the Bishoprick of Winton, lawfully constituted, or his
surrogate; on this occasion, of and for the withdrawing, and not paying of the
tithes of hay out of the herb and grass mowed in and upon the lands of the
said Martin, within the said parish before used to be ploughed; and also of
and for the withdrawing of the tithes of fleeces of wool of the sheep of the
said Martin, within the said parish; and also of and for the withdrawing and
not paying, the calves from his cows within the said parish falling, in the
year of our Lord, 1604 (although the said Martin had in the same year nine
calves, and one of the said nine calves he offered to pay the said Richard
according to the form of the said prescriptions); and ((cited)) him the said
Martin in the court Christian before the said spiritual Judge upon that
occasion to appear, and the said ((Page 396)) Richard to answer, of and upon the
premises hath unjustly compelled. And although he, the said Martin, was
always ready and offered to pay and deliver the said Richard the sums of
money, and to observe, perform, and keep the said customs on his part, and the
said manner of tithing; according to the form and effect of the said custom,
in full and entire payment, and satisfaction of the said tithes, for the said
hay, wool, and calves. And although the said Martin, the customs and due
manner of tithing aforesaid, in the said Court Christian, before the said
spiritual Judge, hath pleaded and alleged, and with inevitable truth offered
to prove the same; yet the said spiritual Judge, that plea and allegation to
admit, hath altogether refused; and the said Richard Heath, him the said
Martin, of and upon the premises, in the same Court Christian to be condemned,
and the said tithes of hay, wool, and calves, against the form of the customs
and prescriptions aforesaid, to compel to pay, by a definite sentence of the
said Court Christian, with all his power doth endeavour and every day design.
And the said Richard, the said suit of and for the withdrawing of the tithes
of hay, wool, and calves, in the aforesaid Court Christian against the said
prescription, before the said spiritual Judge after the King's prohibition to
him directed and delivered to the contrary, to wit; - the first day of April
in the year of the said Lord James, now King of England, the third (AD 1605),
at Yeatley aforesaid, in the said County of Southampton; against him the said
Martin Shonk hath prosecuted, in contempt of the same our now Lord the King,
and to the damage of the said Martin £20; and therefore, as well for the Lord
the King, as for himself, he brings his suit, etc.
((23 January 1605/6)) THE PLEA
And now at this day, to wit; - the Thursday next after the octaves of St
Hilary, in that same term (till which day the said Richard Heath hath license
to imparle, and then to answer the said bill before the lord the King, at
Westminster), came as well, the said Martin Shonke, by his said attorney, as
the said Richard Heath, by Robert Heath, his attorney, and the same Richard
Heath defendeth the force and injury, when, etc. And all the contempt and
whatsoever, etc., and saith that he hath not prosecuted in the Court
Christian, after the King's prohibition to the contrary, to him before
directed and delivered, in manner and form as the aforesaid Martin, who, as
well, etc., above against him complaineth, and of this he puts himself upon
the country, and the said Martin likewise, etc. But for a writ of the Lord
the King, of Consultation, in this part to be had, the said Richard (by
protestation that there are not, nor ever were within the Parish of Yeately
aforesaid, the ends, limits, or tithable ((Page 397)) places of the same parish,
any such customs or manner of tithing, for lambs, young pigs, geese, honey,
wax, and bees, or for sheep, hens, gardens, milk, and cheese, or for colts,
offerings, marriages, or for wheat, rye or mestlin, or for barley, oats, peas,
or vetches; within the said parish, growing, renewing, or anyways happening.
As the said Martin, by his said bill aforesaid supposeth, by protestation
also, that no person within the said parish, having or possessing any bull,
oxen, horses, mares, geldings, colts, calves, or heifers, for the use of
husbandry, and uses in the said bill above specified, exercised, applied, and
brought up), of the payment of all and all manner of tithes of such barren
cattle, and of the herbage and pasture of such bulls, oxen, horses, geldings,
and other cattle, was at any time discharged and acquitted by reason and
pretext of the premises, as the said Martin, by his said bill, thereof further
supposeth.
For plea, the said Richard, as to the tithes of hay by him in the said
Court Christian, for the tithes in the said bill above specified and demanded;
saith, that he is, and at the said time in which the same Richard drew into
suit, the said Martin in the said Court Christian; and long before, was farmer
of the said Rectory with the appurtenances, for the term of divers years, then
and yet to come; of the demise of one Arthur Lake, Professor of Divinity, and
Master of the House or Hospital of St. Cross, near Winton {1. Dr Lake was
presented to the Mastership of St Cross Hospital by King James I, and was
admitted and inducted on 3rd May 1603, by Thomas Ridley, LL.D., the Bishop's
Vicar-General - Register of Bishop Bilson, fol. 14b-15.}. And that the said
Martin, and all and every other person or persons, having, possessing, or
occupying any meadow or meadows, or any other lands called upland grounds,
otherwise hard lands, which heretofore were lands arable, or occupied and used
for pasture, and the same meadow land and pastures have mowed, and the grass
thereof so mowed have been made into hay, time out of mind, and from time to
time have paid and delivered, and have used to pay and deliver, to the Rector
of the Parish Church of Yeately aforesaid, or his farmer or deputy, of that
Rectory or of the tithes thereof; the tithe of all the mowed grass, as soon as
that grass was put into grass cocks, in and upon all the pasture or meadows
wherein that grass grew (in his kind). And the same Richard further saith,
that the hay of the said herb and grass in and upon the lands of the said
Martin, within the said parish, called upland grounds, otherwise hardlands,
which were heretofore arable lands, in the said bill above specified, of late
growing and coming; was there mowed and put into cocks, before that the said
Richard for the tithes thereof drew into suit the aforesaid Martin; and
because the said Martin did not separate ((Page 398)) the said tithes of hay,
while it was in grass cocks, from the other nine parts; but those tithes from
the nine parts not severed in the mows, and in the said bill likewise above
specified, did carry away to his barn, and the same tithes in the said times
did withdraw. The said Richard then, and long before, being the farmer of the
said Rectory and of those tithes and of all other tithes belonging and
appertaining to that Rectory, and within the said Parish of Yeately, from time
to time growing and renewing; drew into suit the said Martin in the Court
Christian aforesaid, before that the King's prohibition in form aforesaid to
the contrary thereof to him directed, for the withdrawing of the said tithes
of hay, was to him delivered; as it was lawful for him to do without. That
all and every person or persons having, possessing or occupying any meadow or
meadows or any other lands, called upland grounds, otherwise hard lands, which
heretofore were lands arable, or occupied and used for pasture and meadow
lands, have mowed, and the grass thereof so mowed have made into hay, have
paid and for the whole time aforesaid used to pay, to the Rector of the Parish
Church, or his farmer or deputy thereof, for the time being, yearly, at the
Feast of Easter, or after at the request of the farmer or deputy, for the time
being; for every acre thereof, two pence of lawful money of England, in full
and entire payment, satisfaction, and discharge, and in the name and place of
all and singular the tithes of hay, in and from the land, meadow, and pasture,
within the said parish, the ends, limits, and places tithable of the same
parish, coming, renewing, or anyways happening; except only in the declaration
aforesaid above excepted; in manner as the said Martin by his bill aforesaid
above, against him hath declared; and this he is ready to verify. And as to
the tithes of wool, by him the said Richard, in the said Court Christian, in
form aforesaid, in the declaration above specified demanded. The said Richard
saith, that all and every the inhabitants and parishioners within the Parish
of Yeately aforesaid, ends, limits, and tithable places of that parish, have
paid and time out of mind have used to pay to the Rector of the said Parish
Church of Yeately, or his farmer or his deputy of that Rectory, or of the
tithes thereof, for the time being, all and singular, the tithes of wool, as
well of sheep as lambs, by them, yearly, within the said parish, and the ends,
limits, and tithable places of that parish, from off their sheep and lambs
(within the said parish, and the ends, limits, or tithable places of that
parish, kept feeding, levant and couchant), coming, happening, and renewing in
kind. And for that the said Martin, the tenth fleece, as well locks as
fleeces by him, within the said parish, ends, limits, and tithable places of
that parish, in the year of our Lord above said, of the sheep and lambs,
within the said parish, ends, limits, and tithable places of that parish, in
that year kept feeding, ((Page 399)) levant and couchant, growing, coming, and
happening to the said Richard, then being farmer as aforesaid; had not paid,
but had refused to pay the said Richard, him, the said Martin, in the said
Court Christian, for the withdrawing of those tithes before that any
prohibition to the contrary thereof was to him directed and delivered, did
draw into suit, as it was lawful for him to do without that. That every
person having or keeping any sheep within the said parish, by him shorn, by
all the said time, time out of mind, at the time of the shearing of them, have
used to deliver to the Rector of the said Parish Church, or his farmer or
deputy of that Rectory, or tithes thereof, for the time being; the tenth
fleece of all the wool, called fleece wool, from off such sheep, within the
said parish, coming and happening, if he had in the same year ten fleeces of
wool. And if he had not in the same year ten fleeces of wool, then the tenth
part of the wool, as it shall fall out in weight from off his sheep, within
the said parish, kept coming, in full and entire payment and content of the
tithes of all the wool from off such sheep, within the said parish, shorn,
coming, renewing, and happening, in manner as the said Martin by his said bill
above against thereof hath declared.
And as to the tithes of the calves, by the said Richard in the said Court
Christian, in the form aforesaid in the bill above specified demanded. The
said Richard saith that every parishioner of the parish of Yeately aforesaid,
and hirer or occupier of land in Yately aforesaid, the ends, limits, and
tithable places of the said parish, who hath any calves from his cows within
the said parish of Yeately, ends, limits, or tithable places, feeding, levant
and couchant, in any one year falling, renewing or coming hath paid and
contented, and time out of mind have used to pay and content, the Rector of
the Parish Church of Yeatley aforesaid, or his farmer or deputy of that
Rectory or of the tithes thereof for the time being, yearly all and singular
the tithes of calves out of his cows within the said parish, ends, limits, and
tithable place of the same, kept, renewing and coming, as they should rise and
happen in kind. And for that the said Martin the tithes of ten calves out of
his cows within the asid parish, in the aforesaid year of the Lord, 1604,
feeding, levant and couchant, falling, renewing, and coming then within the
said parish to the said Richard, the farmer, hirer, occupier, and possessor of
the said Rectory impropriate of and in that year likewise being, had not paid
but had refused to pay. The said Richard drew into suit the said Martin at
the Court Christian, for the withdrawing of those tithes before that any
prohibition to the contrary thereof was to him directed and delivered, as it
was lawful for him to do without. That every person having any calf or calves
from his cows within the said parish kept, falling under the number of seven
calves ((Page 400)) for the said whole time, hath paid and used to pay to the
Rector of that parish, or his farmer or deputy of that Rectory, or of tithes
thereof for the time being, yearly at the feast of Easter next following after
the fall of those calves or after, at the request of the same Rector, farmer,
or deputy of that Rectory or of the tithes thereof, for the time being, one
halfpenny, for every of his calves under the number of seven calves, within
the said parish falling and brought up by him within the said parish. And if
he had in any one year seven calves, that then he hath paid, and for all the
said time hath used to pay, to the Rector of that parish, or his farmer or
deputy of that Rectory, or of the tithes thereof for the time being, one calf
at the end of five weeks next after the fall of the same calf, and then the
Rector of that parish church, or his farmer or deputy of that Rectory for the
time being, hath paid and used to pay to such person so having seven calves,
three halfpence at the feast of Easter then next following, or after, at the
request of such person. And if he had in the same year eight calves, that
then he hath paid and used to pay, to the Rector of that parish church, or his
farmer or deputy of that Rectory, one calf; and then the Rector, farmer, or
deputy of that Rectory hath used to pay to such persons so having eight
calves, one penny, yearly at the feast of Easter, or after, at the request of
such person; and if such person had in any one year nine calves within the
said parish then by the whole time aforesaid, he hath paid and used to pay to
the Rector of that parish church, or his farmer of that Rectory, or of the
tithes thereof for the time being, one calf, and then the Rector, farmer, or
deputy hath used to pay to such person so having nine calves, one halfpenny,
at the feast of Easter aforesaid, or after, at the request of such person.
And if he had in any one year ten calves, then by the whole time aforesaid he
hath paid and used to pay to the Rector of that parish church, or to the
farmer of that Rectory or of the tithes thereof for the time being, the tenth
calf. And if such person and persons so having within the said parish, ends,
limits, or tithable places of the same parish, any calf or calves under the
number of seven calves, and hath not brought up such calves but have sold such
calves or any of them, that then he hath paid and used to pay to the Rector of
that parish church or to the farmer of that Rectory or of the tithes thereof
for the time being, the tenth penny of the price of every calf so sold, yearly
at the feast of Easter, next after the sale of them or any of them, or after,
at the request of the same Rector, farmer, or deputy of that rectory, or of
the tithes thereof for the time being. And if any such person so having any
calf of calves, within the said parish under the number of seven calves, and
shall kill or slay such calves, or any of them, by the whole time aforesaid,
hath paid and used to pay to the Rector of that ((Page 401)) parish church, or
his farmer or deputy of that Rectory, or of the tithes thereof for the time
being; the right shoulder of every calf so killed, at the time of the killing
of the same calf; in full and entire payment, satisfaction, content, and
discharge of all and singular the tithes of calves within the said parish,
falling, coming, and happening, as the said Martin by his said bill above,
against him hath declared, and this he is ready to verify; whereof he
demandeth judgement, and a writ of the lord the King, of consultation, to him
in his part to be granted.
REPLICATION
And the said Martin Shonke saith that, for anything by the said Richard
Heath above by pleading alleged, the said Richard a writ of the said Lord the
King, of consultation, ought not to have; because, as to the said tithes of
hay in form aforesaid demanded, the said Martin, as before, saith that all and
every person or persons having, possessing, and occupying any meadow or
meadows, or any other lands called upland grounds, otherwise called hard
lands, which heretofore were arable, or occupied and used for pasture, and
have mowed the same meadows, lands, and pastures, and the grass thereof so
mowed have made into hay, have paid and by the whole time aforesaid, and used
to pay to the Rector of the Parish Church, or his farmer of that Rectory for
the time being, yearly at the Feast of Easter or after, at the request of the
said Rector, farmer or deputy of that Rectory for the time being, for every
acre thereof, twopence of lawful money of England, in full and entire payment,
satisfaction, and discharge, and in the name and place, of all and singular
the tithes of hay in and from the land, pasture and meadow within the said
parish, ends, limits, and tithable places of the same parish, coming,
renewing, or anyways happening except only in the declaration above excepted,
in manner and form as the said Martin by his said bill above against thereof
hath declared; and this he desireth may be enquired of by the country; and the
said Richard Heath likewise, etc. And as to the said tithes of wool in form
aforesaid in the said declaration above specified demanded, the same Martin
Shonke likewise, as before, saith that every person having and keeping any
sheep within the said parish shorn by him, by the whole time aforesaid, time
out of mind, at the time of their shearing, hath used to deliver to the Rector
of that Parish Church, or his farmer or deputy of that Rectory or of the
tithes thereof for the time being, the tenth fleece called fleece wool from
off his sheep within the said parish, coming and happening, if he hath in the
same year ten fleeces of wool; and if he hath not in the same year ten fleeces
of wool, then the tenth part of the wool as it shall fall out in weight off
his sheep within the ((Page 402)) said parish kept, coming, and happening; in
full and entire payment, satisfaction, and content of the tithes of all the
wool from off such sheep shorn within the said parish, coming, renewing, and
happening in manner, as the said Martin by his said bill and against him hath
declared.
And this he likewise desireth may be enquired of by the country; and the
said Richard Heath, likewise, etc. And as to the said tithes of calves in
form aforesaid above demanded, the same Richard Shonke likewise, as before,
saith that every person having any calf or calves out of his cows within the
said parish kept, falling under the number of seven calves, by the whole time
aforesaid, hath paid and used to pay to the Rector of that parish, or his
farmer, or the deputy of that Rectory or of the tithes thereof, for the time
being, yearly, a the Feast of Easter next following after the fall of those
calves, or after at the request of the same Rector, farmer, or deputy of that
Rectory or of the tithes thereof, for the time being, one halfpenny for every
one of his calves under the number of seven calves within the said parish,
falling and brought up by him within the said parish. And if he hath within
any one year seven calves, that, then, he hath paid, and for the whole time
aforesaid hath used to pay, to the Rector of that Parish Church, or his farmer
or deputy of that Rectory or of the tithes thereof, for the time being, one
calf, at the end of five weeks next after the fall of the same calf; and then
the Rector of that Parish Church, or his farmer of that Rectory, for the time
being, hath paid and used to pay to such persons so having seven calves three
halfpence, at the Feast of Easter then next following, or afterwards, at the
request of such person. And if he hath in the same year eight calves, he hath
paid and used to pay, to the Rector of that Parish Church, or his farmer or
deputy of that Rectory, one calf; and then the Rector, farmer, or deputy of
that Rectory, have used to pay to such person so having eight calves, one
penny yearly, at the said feast of Easter, or after, at the request of such
person. And if such person hath in any one year within the said parish nine
calves, then for the said whole time he hath paid and used to pay, to the
Rector of that Parish Church, or his farmer or deputy of that Rectory or of
the tithes thereof, for the time being, one calf; and then the said Rector,
farmer, or deputy hath used to pay to such person having nine calves, one
halfpenny, at the feast of Easter aforesaid, or after, at the request of such
person. And if he hath in any one year ten calves, then by the said whole
time he hath paid and used to pay to the Rector of that Parish Church, or his
farmer of that Rectory or of the tithes thereof, for the time being, the tenth
calf. And if such person and persons have so had within the said parish,
ends, limits, and tithable places of ((Page 403)) the said parish, any calf or
calves under the number of seven calves, and shall not bring up such calves,
but shall sell those calves or any of them; then he hath paid and used to pay
to the Rector or farmer of that Parish Church thereof, or of the tithes
thereof, for the time being, the tenth penny of the price of every calf as
sold, yearly, at the Feast of Easter, after the sale of the calves or any of
them; or after, at the request of the same Rector, farmer, or deputy of that
Rectory or of the tithes thereof, for the time being. And if such person so
having any calf of calves within the said parish, under the number of seven
calves, and he shall not bring them up, but shall kill or slay such calves or
any of them, then, by the whole time aforesaid, he hath paid and used to pay
to the Rector of that Parish Church, his farmer or deputy of that Rectory or
of the tithes thereof, for the time being, the right shoulder of every calf so
killed, at the time of the killing of the same calf; in full and entire
payment, satisfaction, content, and discharge of all and singular the tithes
of calves within the said parish, falling, coming, and happening; as the said
Martin, by his said bill thereof, him hath declared; and this he likewise
desireth may be enquired of by the country; and the said Richard Heath,
likewise, etc.
Therefore, as well to try that issue as the other said several issues
between the said parties above severally joined, came the jury thereof before
the Lord the King, at Westminster, on Wednesday next after the morrow after
the Purification of the Blessed Mary, and who neither, etc., to recognise,
etc., because as well, etc., the same day is given to the parties aforesaid
there, etc., afterwards the process thereof continued between the parties
aforesaid, of the said plea put by the jury thereof between them, in respite
before the Lord the King at Westminster till Thursday next after the octaves
of St. Michael from thence next following, unless the Justices of the Lord the
King, at the Assizes in the said County assigned to be taken, first, on
Monday, 21st day of July, at the Castle of Winton, in the County aforesaid,
according to the form of Statute, etc., come for default of the Jurors, etc.;
before which day the said plea was adjourned by writ of the Lord the King, of
Common Adjournment, before the Lord the King, at Westminster, till the term of
St. Michael. At which day before the Lord the King, at Westminster, came the
said parties by their attorneys aforesaid; and the aforesaid Justices at the
Assizes before whom, etc., sent hither their records had before them, in these
words, to wit:- Afterwards, the day and place within contained, before Thomas
Flymminge, {1. "Thomas Flemminge, Knight, Chief Baron of the Exchequer." He
was appointed to this office on 27th October, 1604, and was advanced to the
Chief Justiceship of the King's Bench on 25th June 1607. He was born at
Newport, in the Isle of Wight, in April 1544, and died at Stoneham Park, on
7th August 1613.} Knight, Chief Baron of ((Page 404)) the Exchequer of the Lord
the King, and Laurence Tanfield, {1. "Sir Laurence Tanfield, Knight" was
appointed one of the Judges of the King's Bench on 13th January, 1605/6, and
succeeded Sir Thomas Fleming, as Chief Baron of the Exchequer, on 25th June
1607. He died on 30th April 1625, and was buried in Burford Church,
Oxfordshire.} Knight, one of the Justices of the said Lord, assigned to hold
pleas before the King himself, Justices of the same Lord the King, at the
Assizes in the County of Southampton, assigned to take, by form of statute,
etc., came, as well, the within named Martin Shonke, as the within written
Richard Heath, by their attorneys within contained. And the Jury whereof
within is made mention, being required likewise who came to speak the truth of
the within contained, being chosen, tried, and sworn, say upon their oath
that, as to the first issue within between the parties joined, that the said
Richard Heath hath not prosecuted in the said Court Christian after the King's
prohibition before to the contrary directed and delivered, in manner and form
as the said Richard Heath within, by pleading, hath alleged.
And further, the Jury say, upon their oath aforesaid, that as to the
second issue within, between the parties joined, that, as to the within
written tithes of hay in form within written demanded, that all and every
person and persons having, possessing, or occupying any meadow or meadows, or
any other lands called upland grounds, otherwise called hard lands, which
heretofore were arable lands or used and occupied for pastures, and hath mowed
the same lands and pastures, and the grass thereof so mowed have made into
hay, have paid, and by the whole time within written have used to pay, to the
Rector of the Parish Church, or his farmer or deputy thereof, for the time
being, yearly, at the Feast of Easter, or after at the request of the said
Rector, farmer, or his deputy for the time being, for every acre, twopence of
lawful money of England, in full and entire payment, satisfaction, and
discharge, and in the name and place of all and singular the tithes of hay out
of the land, pasture, and meadow, within the said parish within written, ends,
limits, and tithable places of the said parish, coming, renewing, or anyways
happening; except only the declaration within written excepted, in manner and
form as the said Martin within against the aforesaid Richard Heath
complaineth.
And further the said Jury say, upon their said oath, that as to the third
issue within, between the said parties joined, that as to the within written
tithes of wool, in form within written within specified demanded; that every
person having and keeping any sheep within the said parish, by him shorn for
the whole time within written, time out of mind, at the times of the shearing
of them, have used to deliver to the Rector of the said Parish Church, or his
farmer or deputy of that Rectory, or of the tithes ((Page 405)) thereof, for the
time being, the tenth fleece of all the fleece wool from off his sheep within
the parish within written, coming and happening, if he hath had in the same
year ten fleeces of wool. If he hath not in the same year ten fleeces, then
the tenth part as it shall fall out in weight from off his sheep within the
said parish kept, and coming, in full and entire payment, satisfaction, and
content of the tithes of all the wool from such sheep within the said parish
shorn, coming, renewing, and happening in manner as the said Martin Shonke
hath, within, against him declared.
And further, the said Jury say, upon their oath, that, as to the fourth
issue within, between the said parties within joined, that, as to the within
written tithes of calves in form within written, within demanded, that every
person having any calf or calves out of his cows within the within written
parish, kept, and falling, under the number of seven by the whole time within
written, hath paid and used to pay to the Rector of that Parish Church, or his
farmer or deputy of that Rectory or of the tithes thereof, for the time being,
yearly, at the Feast of Easter next following after the fall of those calves,
or after at the request of the same Rector, farmer or deputy of that Rectory
or of the tithes thereof, for the time being, one halfpenny for every of his
calves, under the number of seven calves, within the within written parish,
falling, and by him within the said parish brought up. And if he hath in any
one year seven calves, then he hath paid and used to pay to the Rector of that
Parish Church, his farmer or deputy of that Rectory or of the tithes thereof,
for the time being, one calf, at the end of five weeks next after the fall of
the same calf; and then the Rector of that parish, or his farmer of that
Rectory, for the time being, hath paid and used to pay to such person so
having seven calves three halfpence, at the Feast of Easter then next
following, or after, at the request of such person. And if he hath had in the
same year eight calves, he hath paid and used to pay to the Rector of that
Parish Church, or his farmer or deputy of that Rectory, one calf; and then the
Rector, farmer, or deputy of that Rectory, have used to pay to such person so
having eight calves, one penny, yearly, at the feast of Easter, or after, at
the request of such person. And if such person hath had in any one year,
within the said parish, nine calves, then by the whole time within written, he
hath paid and used to pay to the Rector of that Parish Church, or his farmer
or deputy of that Rectory or of the tithes thereof, for the time being, one
calf; and then the said Rector, farmer, or deputy hath used to pay to such
person, so having nine calves, one halfpenny, at the Feast of Easter, or
after, at the request of such person. And if he hath had in any one year ten
calves, then, by the whole time within written, he hath paid and used to ((Page
406)) pay to the Rector of that Parish Church, or his farmer or deputy of that
Rectory or of the tithes thereof, for the time being, the tenth calf. And if
such person and persons so hath had within the parish within written, ends,
limits, or tithable places of the same parish, any calf or calves under the
number of seven calves, and hath not brought up such calves, but hath sold
those calves or any of them; then he hath paid and used to pay to the Rector
of that Parish Church ((or his farmer or deputy of that Rectory)) or of the
tithes thereof, for the time being, the tenth penny of the price of every calf
so sold, yearly, at the Feast of Easter then next, after the sale of the same
calves or any of them, or at the request of the Rector, farmer or deputy of
that Rectory or of the tithes thereof, for the time being. And if such person
so having any calf or calves within the said parish, under the number of seven
calves, and he hath slain or killed such calf, or any of them; then, by the
whole time aforesaid, he hath paid and used to pay to the Rector of that
Parish Church ((or his farmer or deputy of that Rectory)) or of the tithes
thereof, for the time being, the right shoulder of every calf so slain at the
time of the killing of the same calf, in full and entire payment and
satisfaction, content, and discharge of all and singular the tithes of calves
within the within written parish, falling, coming, and happening, in manner as
the said Martin, within, against him hath declared. Therefore, it is
considered that the said Richard shall have no writ of consultation; but that
the said Martin of the said tithes in the said Court Christian, in form
aforesaid demanded, be acquitted, and the said Richard in mercy, etc. And
likewise the said Martin in mercy, etc., as to the residue of the trespass and
the contempt aforesaid, whereof the same Richard, in form aforesaid, is
acquitted, etc.
A few words with respect to the proceedings of the above suit, in the
"Court of Christianity," will not inappropriately fill up the page. The first
notice of the suit occurs in the proceedings of the Consistory Court on the
7th July, 1604 :- Richardus Heath, firmarius rectoriare impropriatae de
Yatelie, contra Martinum Shonck, in causa subtractionis decimarum. It states
that the apparitor had personally cited the said Shonck on the 6th July. Mr.
Phillips appeared as proctor for the complainant, and Mr. John Bond for the
defendant. Similar proceedings were also taken at the ensuing Court (14th
July) against Richard Stevens, Lionel Morris, and Robert Puttock, of Yateley.
The articles were delivered into court on the 21st July, and on the 28th the
case was postponed by Dr. Ridley till Michaelmas Term. On the 6th October the
several defendants appeared, and the suit against Shonck was made a test case.
The cause was again before the court on the 13th, 20th, and 27th October, when
the proceedings appear to have been staid by the writ of prohibition from the
King's Court. The suits are noticed, as outstanding cases, on the 1st and 8th
Dec., 1604, but not afterwards.
((Page 407))
The Manor of Itchel and Cove
IN the time of King Edward the Confessor, Itchel and Cove were held as
separate estates, and each had its own hall or mansion house; but soon after
the Conquest, Bishop Walkelin granted the eight hides of land in Itchel and
Cove to an individual named Germanus, who was probably one of his retainers;
to be held by military service, in accordance with the feudal system
introduced by the Normans. The next holder of the property, whose name has
come down to us, is Walkelin de Ichelle, who had evidently established his
Hall at Itchel, and in all probability was the son of the above mentioned
Germanus, as his Christian name seems to suggest that he may have been one of
the Bishop's godsons, or that it was given to him by his father from feelings
of gratitude and regard for his benefactor. This Walkelin de Ichelle held
Itchel and Cove in the reign of Henry I, and in the year 1165, his son, Robert
de Ichelle, is returned as holding the two knight's fees, being the extent of
the military service due to the Bishops of Winchester for Itchel and Cove.
From the last-named date we have to come down to the year 1236. In this year
the estate became vacant by the death of William de Coleville, its owner;{1.
He is mentioned on the 23rd April 1200, on the Curia Regis Roll, I John,
membr. 12 d. in two entries appertaining to the County of Southampton. In the
first entry as one of the bail for the appearance of John de Kethe before the
Justices; and in the second as being appointed attorney for John de Recham, to
win or lose, in an action of a plea of assize against Robert Fitz Brien. On
the 6th April, 1230, the King sent a mandate to the Sheriff of the County,
that he was to cause the assize between Reginald de Cunde and William de
Coleville, concerning a tenement in Ichehulle, to come before the Justices at
Winchester. - Rot. Claus., 14 Hen III, m. 11} and his son and heir, William de
Coleville, paid to Achard, the Bishop's Marshal, #10 for his relief, so as to
be able to take possession of the inherited lands. This transaction is
recorded on the Pipe Roll of the 31st year of the Episcopate of Bishop Peter
do Rupibus, among the scutage accounts rendered by the Marshal, whose
discharge for it is given in this form:- "Delivered by a tally to Sir R((obert))
de Chinham (the Bishop's Treasurer), #10 for the relief of William de
Coleville." In 1237, he acquired by purchase some additional lands in Itchel
and Eweshot. He is also named in 1243 as holding the two knight's fees in
Itchel and Cove.'{2 Page 35. Other particulars with respect to these fees
occur in pages 36-39.}
((Page 408))
Not many years after this, the property passed, probably by purchase,
into the hands of Walter Giffard, who was elected Bishop of Bath and Wells on
22nd May, 1264. He was consecrated on 1st February, 1264-5, and at the close
of 1266 he was translated to the Metropolitan See of York.{1. His father, Sir
Hugh Giffard, married, in 1216, Sibilla, one of the four daughters and co-
heirs of Baron Walter de Cormailles. He was appointed Constable of the Tower
of London in 1234, and in 1238 he was entrusted with the guardianship of
Prince Edward (afterwards Edward I), and continued in this important office
till his death in 1248. His widow was governess to the children of Henry III.
On 15th June, 1251, the King gave an order for three bucks from Brehull
Forest, for the use of her two sons who were students at Oxford. These were
the future Bishops. ((Mandatum est Custodi forestae de Brehulle quod, in eadem
foresta faciat habere latori praesencium, ad opus duorum filiorum Sibillae
Giffard, inceptorum de artibus dialecticae apud Oxoniam, tres damos de dono
Regis. Teste Rege, apud Clarendon, XV die Junii. - Rot. Claus. 35 Hen. III,
m. 10.)) Their elder brother, Sir Alexander Giffard. was one of the two hundred
knights who, in 1249, accompanied the Earl of Salisbury to the Holy Land, and
was present at the disastrous battle of Mansowra, in which his chief was
killed. Matthew Paris states that he was closely pursued and severely wounded
in making his escape after the battle; and that he was an Englishman by birth,
of noble blood, and the son of a noble lady who resided with the Queen. It is
a noteworthy circumstance that his armorial coat is to this day the arms of
the See of Worcester, and has been so used ever since the Episcopate of his
brother, Godfrey Giffard.} On the 26th March, 1267, he obtained from King
Henry III a grant of free warren for all his demesne lands at Itchel. On his
death in 1279 the estate passed to his brother, Godfrey Giffard, Bishop of
Worcester, who in his brother's lifetime had obtained from the King a grant of
a number of deer from the forest of Aliceholt, to stock therewith the park at
Itchel. These prelates appear to have made Itchel a place of residence, as
several transactions recorded in their Registers are dated at Itchel.
Archbishop John de Peckham stayed several days at Itchel in 1281, and among
other transactions during his stay, he gave a receipt, on the 16th December,
1281, for a "Biblia Glosata," in two volumes, lent to him by the executors of
Nicholas de Ely, Bishop of Winchester.{2. This copy of the Bible seems to have
been much valued on account of its annotations, and was bequeathed by the
Bishop to the Prior and Convent of Winchester Cathedral. It was borrowed by
Bishop John do Pontissara, on 26th April, 1299, who gave a formal bond for its
safe return. "Noveritis nos ex commodato recepisse a dilectis filiis
nostris... Priore et Conventu ecclesiae nostrae Wintoniensis unam Bibliam in
duobus voluminibus, bene glossatam; quae aliquando fuit bonae memoriae domini
Nicholai, Wyntoniensis Episcopi, praedecessoris nostri." etc. - Register of
John de Pontissara, Bishop of Winchester. Fol. 193.}
With this short introduction, the following documents will best speak for
themselves; and it seems only necessary to add, that Itchel continued to be
the occasional (if not the principal) residence of the Giffard family, until
after the accession of Queen Elizabeth. And, as was unfortunately the case
with ((Page 409)) many old families, the religious changes of that period led to
the breaking up of old ties and the severance of estates, in consequence of
the ever-increasing difficulties and restrictions; and this much may be
judged, by the circumstance of the son and heir of the last of the family
resident at Itchel finding himself a prisoner in the Tower of London, from
religious troubles, and that his younger brother took refuge on the continent
and ultimately became Archbishop of Rheims.
Lands, etc., in Itchel and Eweshot, granted to William de Coleville.
((- JANUARII, 1236-7.)) Haec est finalis concordia facta in curia domini
Regis apud Westmonasterium, in octabis Sancti Hillarii, anno regni Regis
Henrici, filii Regis Johannis, vicesimo primo; coram Roberto de Lexintone,
Willelmo de Eboraco, Radulfo de Norwico, Ada filio Willelmi, Willelmo de
Culwurthe, Johanne de Kyrkby, et Willelmo de Sancto Edmundo, jnsticiariis, et
aliis domini Regis fidelibus tunc ibidem praesentibus, - inter Willelmum de
Colvile, petentem, et Reginaldum de Cunde, tenentem; de dimidia carucata, et
quinque virgatis et quadraginta et octo acris terrae, et uno molendino, et
quinque solidatis redditus, cum pertinenciis in Ichelle et in Iweset, unde
assisa mortis antecessoris summonita fuit inter eos, in eadem curia.
Scilicet, quod praedictus Reginaldus recognovit totam praedictam terram,
molendinum, et redditus, cum pertinenciis, esse jus ipsius Willelmi. Et illa
ei reddidit in eadem curia, et illa remisit et quieta clamavit de se, et
haeredibus suis, eidem Willelmo, et haeredibus suis imperpetuum. Et pro hac
recognicione, reddicione, remissione, quieta clamancia, fine, et concordia,
idem Willelmus dedit praedicto Reginaldo ducentas et sexaginta marcas argenti.
Pedes Finium, temp. Hen. III, Com. Southamptoniae, No. 215.
Translation:-
- JANUARY, 1236-7. This is the final agreement, made in the court of the
Lord King, at Westminster, in the Octaves of Saint Hillary, in the twenty-
first year of the reign of King Henry, son of King John, before Robert de
Lexinton, William de York, Ralph de Norwich, Adam Fitz William, William de
Culwurthe, John de Kyrkby, and William de Saint Edmund, justices, and other
faithful subjects of the lord King, then and there present; between William de
Colvile, complainant, and Reginald de Cunde,{1. His name occurs, as a witness
of the quit-claim to lands in Long Sutton, in page 21, - Sir Reginald de
Cundai, knight.} defendant; concerning half a carucate, and five virgates, and
forty-eight acres of land, and a mill, and five shillings in rent, with
appurtenances, in Ichille and Iweset (Eweshot), whereupon ((Page 410)) an assize
of mort dancestor was summoned between them in the same court; to wit, that
the aforesaid Reginald has acknowledged the whole land aforesaid, the mill,
and rent, with appurtenances, to be the right of the said William. And he
surrendered the same to him in the said Court; and the same he has remised and
quit-claimed for himself and his heirs to the said William and his heirs for
ever. And for this recognition, surrender, remise, quit-claim, fine, and
agreement, the said William gave to the aforesaid Reginald, two hundred and
sixty silver marks.
Grant of Free warren in all the dencesne lands of Itchel.
((26 MARCH, 1267.)) Pro Waltero Giffard, Archiepiscopo Eboracensi. REX,
Archiepiscopis, etc., salutem. Sciatis nos concessisse et hac carta nostra
confirmasse venerabili patri Waltero Giffard, Arehiepiscopo Eboracensi,
Angliae primati, quod ipse et haeredes sui inperpetuum habeant liberam
warennam in omnibus dominicis terris suis de Ichehulle, in comitatu
Suthamptoniae, dum tamen terrae illae non sint infra metas forestae nostrae.
Ita, tamen, quod nullus intret terras illas ad fugandum in eis vel ad aliquid
capiendum quod ad warennam pertineat, sine licencia et voluntate ipsius
Walteri vel haeredum suorum, super forisfacturam nostram decem librarum.
Quare volumus et firmiter praecipimus, pro nobis et haeredibus nostris, quod
praedictus Walterus et haeredes sui inperpetuum habeant liberam warennam in
omnibus dominicis terris suis praedictis. Dum tamen, etc. Ita quod nullus,
etc., sicut praedictum est. Hiis testibus, Willelmo de Valencia, fratre
nostro; Johanne de Warenna, comite Surriae; Roberto Aguilone, Alano la Zuche,
Willelmo de Sancto Omero, Willelmo Belet, Galfrido de Percy, Bartholomaeo le
Bygod, et aliis. Datum per manum nostram apud Cantebrigiam, xxvj die
Marcii.
E Rotulo Chartarum de anno 51 Hen. III. memb. 6.
Translation:-
26 MARCH, 1267. For Walter Giffard, Archbishop of York. The King, to
the Archbishops, etc., greeting. Know ye that we have granted and by this
our charter have confirmed to the venerable Father, Walter Giffard, Archbishop
of York and Primate of England, that he and his heirs for ever shall have free
warren in all his demesne lands at Ichehulle, in the county of Southampton,
provided those lands are not within the limits of our forest. So that no one
shall enter those lands to chase in them or to take anything which belongs to
a warren, without the licence and will of the said Walter or of his heirs,
upon pain of our forfeiture of #10. Wherefore, we will and firmly enjoin, for
ourselves and our heirs, that the aforesaid Walter, and his heirs for ever,
shall have free warren in all his aforesaid demesne lands, provided, &c. So
((Page 411)) that no one, &c., as is aforesaid. These being witnesses, William
de Valence, our brother; John de Warren, Earl of Surrey; Robert Aguilon, Alan
la Zuche, William de St. Omer, William Belet, Galfrid de Percy, Bartholomew le
Bygod, and others. Given by our hand at Cambridge, on the 26th day of
March.{1. In the pleadings of the great assize, touching the rights of the
Crown, held before Solomon de Rochester and his associates, the King's
Justices itinerant, at Winchester. in the octaves of Saint Martin, 8 Edw. I.
(12-18 November, 1280), it is recorded:- "Jurati de Warenna. - Dicunt quod
Godefridus, Episcopus Wigorniensis clamat habere liberam warennam apud
Ichehulle." His mother, Lady Sibilla Giffard, obtained on 20th August, 1248,
a grant of free warren, for herself and her heirs for ever, in all the demesne
lands of her manor of Norton ((Underegge)) in Gloucestershire. And her son,
Master Walter Giffard, Archbishop of York, had a similar privilege for all his
demesne lands at Boyton in Wiltshire, granted to him on 3rd January, 1267-8. -
Rot. Chartarum, 32 Hen. III, m. 2 et 52 Hen. III m. 4.}
The stocking of Itchel Park with deer.
((4 FEBRUARII, 1271-2.)) Mandatum est custodi forestaa de Alsisholt, quod
in eadem foresta faciat habere G((odefrido Giffard)), Wygorniensi Episcopo,
quatuor damos vivos et octo damas vivas, ad parcum suum de Ichehulle inde
instaurandum. Teste liege, apud Turrim Londoniensem iiijto die Februarii.
E Rotulo Literorum Clausarum 56 Henrici III, memb. 10.
Translation:-
4 FEBRUARY, 1271-2. It is ordered, that the keeper of the forest of
Alsisholt (Aliceholt) shall give to Godfrey Giffard, Bishop of Worcester, four
live bucks and eight live does, to stock therewith his park of Ichehulle.
Witnessed by the King, at the Tower of London, on the 4th day of February.
The following Inquisition was taken in obedience to a Royal writ,
addressed to Ralph de Sandwich, one of the King's stewards, dated at
Westminster on 27th April, 1279. 7 Edward I.
((- MAII, 1279.)) Haec est Inquisicio facta, per sacramentum Nicholai de
Cheyne, Henrici de la Borwe, Gilberti le Parker, Roberti de Clere, Nicholai de
Depehale, Willelmi att Hetrue, Rogeri le Parker, Galfridi Serle, Willelmi
Serle, Willelmi de Bromhulle, Walteri Dymars, et Willelmi de Ruede. Quantum
terrae W((alterus)) Giffard, nuper Archiepiscopus Eboracensis tenuit de domino
Rege in capite, in comitatu Suthamptoniae, die quo obiit: et quantum de aliis;
et per quod servicium; et quantum terrae iliae valeant per annum in omnibus
exitibus. Et quis propinquior haeres ejus sit; et cujus aetatis. Qui dicunt
super sacramentum suum quod nichil tenuit de domino Rege in capite in
praedicto comitatu. Dicuit, eciam, quod tenuit manerium de Ichulle ((et {2.
The bracketed words are interlined in a smaller hand.} Cove)), cum
pertinenciis, de Nicholao, Wyntonionsi Episcopo, ((Page 412)) per servicium
unibus feodi militis et dimidii. Et quod valet per annum xl libras in omnibus
exitibus. Et quod Godefridus Gyffard, frater ejusdem Walteri, est propinquior
ejus haeres et plenae aetetatis. In cujus rei testimonium praedicti jurati
huic Inquisicioni sigilla sua apposuerunt.
Inquisicio post mortem, 7 Edwardi I. No. 22.
Translation:-
-- MAY, 1279. This inquisition was made on the oath of Nicholas de
Cheyne, Henry de Borwe, Gilbert le Parker, Robert de Clere, Nicholas de
Depehale, William att Hetrue, Roger le Parker, Galfrid Serle, William Serle,
William de Bromhulle, Walter Dymars, and William de Ruede. The quantity of
land Walter Gyffard, late Archbishop of York, held of the lord King in chief,
in the county of Southampton, on the day of his death {1. According to Le
Neve's Fasti Ecclesiae Anglicanae, vol. iii, p. 103, the time of the
Archbishop's death is uncertain; but the following passage in the Oseney
Annals, and Wyke's Chronicle (edit. Luard), seems conclusive :- "Anno, quo
summi Patris Unigenitus inclinavit caelos et descendit in uterum Virginis, MCC
LXXIX, obiit dominus Walterus Giffard, Eboracensis Archiepiscopus, cito post
Pascha, videlicet in vigilia Sanct Georgii" ((Saturday, 22 April)). La Neve
(edit. Hardy) gives wrongly the 11th March, 1179, as Wyke's date, and refers
to Inq. p. m. 6. Edw. I, No. 103, as giving the 27th April, 1278, as the date
of the Archbishop's death; whereas it is simply an Inquisition ad quod
dampnum, taken on 16th January, 1278-9, and distinctly mentions the Archbishop
as living,- "Walteras Gyffard, nunc Archiepiscopus Eboracensis."}; and how
much he held of others and by what service; and how much those lands are worth
by the year in all their issues. And who is his nearest heir, and of what
age. Who say upon their oath, that he held nothing of the lord King, in chief,
in the aforesaid county. They say also, that he held the manor of Ichulle and
Cove with appurtenances, of Nicholas ((de Ely)), Bishop of Winchester, by the
service of one knight's fee and a half. And that it is worth #40 a year in
all its issues. And that Godfrey Gyffard, brother of the same Walter, is his
nearest heir, and of full age. In testimony whereof the aforesaid jurors have
placed their seals to this inquisition.{2. As the Hampshire Inquisition is
dateless, we append the Inquisitions taken in the counties of Wilts and
Gloucester, as giving some additional particulars, as well as showing that the
manors of Weston and Norton, in Gloucestershire, formed a part of the
Archbishop's property - ((10 MAII, 1279.)) Extenta facta coram domino
H((ildebrando)) de Londoniis, Vicecomite Wiltescyrae, die Mercurii in vigilia
Ascensionis Domini, de tenementis domini Walteri Giffard, Eboracensis
Archiepiscopi, de manerio suo de Boytone, per xij liberos, videlicet, per
Willelmum de Witeklive, Hugonem Coquum, Johannem de Babbintone, Johannem de
Depeforde, Willelmom Luddok, Johannem Strug, Robertum Thurstayn, Adam
Brunmann, Willelmum Pistorem, Robertum Vigerns, Adam de Depeforde, Robertum
Lodhulle. Qui dicunt, super sacramentum suum, quod manerium de Boytone
tenetur pro uno feodo de domino Johanne Giffard, et valet praedictum manerium
in terris, redditibus, pratis, pascuis, et omnibus aliis pertinenciis, xxxta
libras argenti. Dicunt, eciam, quod nichil tenuit in capite de Rege in
comitatu Wiltescyrae. Et quod dominus Godfridus Giffard, Episcopus
Wigorniensis, est ejus haeres propinquior, et plenae aetatis. In eujus rei
testimonium praedicti jurati praedictae extentae sigilla sua apposuerunt. - ((7
MAII, 1279)) Inquisicio facta, apud Westone sub Egge. die Dominica proxima ante
Ascensionem Domini, anno regni Regis Edwardi vijo, videlicet, per Hugonem de
Chaveringwurthe, Robertum Capsy, Nicholaum de Staneleye, Nicholaum de
Synburne, Alexandrum de Chaveringeworth, Robertum Ace, Thomam Baril, Willelmum
Fonard, Thomam le Norreys, Johannem Longe, et Radulphum Muscard; quantum
terrae Walterus Giffard, nuper Archiepiscopus Eboracensis, tenuit de domino
Rege in capite in comitatu Gloucestriae, die quo obiit; et quantum de aliis,
et per quod servicium, et quantum terrae illae valent per annum in omnibus
exitibus, et quis propinquior haeres ejus sit et ejus aetatis. Qui dicunt,
super sacramentum suum, quod praedictus Walterus tenuit de domino Rege
manerium de Nortone sub Egge, in capite, die quo obiit. Et valet praedictum
manerium, in omnibus exitibus, undecim libras. Item, dicunt, super
sacramentum suum, quod praedictus Walterus tenuit de domino Rege in capite,
die quo obiit, manerium de Westone sub Egge. cum advocacione ecclesiae
ejusdem. Et praedictum manerium valet per annum, in omnibus exitibus,
quadraginta et duas libras et duodecim denarios. Dictum, eciam, super
sacramentum suum, quod praedictus Walterus tenuit praedicta maneria de Nortone
et Westone sub Egge per dimidium feodi unius militis. Item, dicunt quod
Godefridus, Episcopus Wygorniensis, est propinquior haeres ejus, et plenae
aetatis. In cujus rei testimonium praedicti jurati huic inquisicioni sigilla
sua apposuerunt.
There was also an Inquisition taken in the county of Oxford, but it has
neither the date nor the place where it was held. It states that he held the
manor of Alerinton, with appurtenances, in chief of John de Lodbroke, knight.
All the other Inquisitions simply state that his brother and heir, Bishop
Godfrey Giffard, was of full age, but in this instance it states that he was
forty four years of age:- Dicunt, eciam, quod Godefridus Giffard, Episcopus
Wygorniensis, est propinquior haeres ejus, et est aetatis xliiij annorum.
Inquisicio post mortem, 7 Edwardi I. No. 22.}
((Page 413))
On the 16th May, 1279, Godfrey Giffard, Bishop of Worcester, appeared
before the King's lieutenants (the King himself being in France), and offered
to do the usual homage for the lands which he had inherited, as brother and
nearest heir of Walter Giffard. It was deferred, however, until the King's
return.
((21 JUNII, 1279.)) De homagio et relevio. Rex cepit homagium Godefridi,
Wygorniensis Episcopi, fratris et haeredis Walteri nuper Archiepiscopi
Eboracensis, de omnibus terris et tenementis quae idem Archiepiscopus tenuit
jure haereditario de Rege in capite, die quo obiit, et ei terras illas et
tenementa reddidit, salvo jure Regis. Et mandatum est Radulfo de Sandwyco,
senescallo Regis, quod, accepta securitate a praefato Godefrido de racionabili
relevio suo Regi reddendo ad scaccarium Regis, eidem Godefrido de omnibus
terris et tenementis praedictis, et de quibus praedictus Archiepiscopus frater
suus fait seisitus in dominico suo ut de feodo, in balliva sua die quo obiit,
et quae occasione mortis ejusdem capta sunt in manum Regis, plenam seisinam
habere faciat, in forma praedicta. Et omnes exitus inde perceptos a die
Martis proxima ante festum Pentecostes proximo praeteritum, quo die dictus
Godefridus, tenentibus locum nostrum in Anglia optulit ea facere quae inde de
jure facere debuerat, liberet ei de gracia Regis speciali. Teste Rege, apud
Cantuariam, xxj die Junii.
E Rotulo Finium de anno 7 Edwardi I, memb. 12.
Translation:-
21 JUNE, 1279. Of homage and relief. The King has received the homage
of Godfrey, Bishop of Worcester, brother and heir of Walter, late Archbishop
of York, for all the lands and tenements which the said Archbishop held by
inheritance of the King in chief, on the day that he died; and has restored to
him those lands and tenements, saving the King's right. And it is commanded
to Ralph de Sandwych, the King's steward, that he receive security from the
aforesaid Godfrey, ((Page 414)) for his reasonable relief, to be paid in the
King's Exchequer; and that he should give, in the aforesaid manner, to the
said Godfrey full seizin of the aforesaid lands and tenements, and of which
the aforesaid Archbishop, his brother, was seized, in his demesne as of the
fee, within his (Ralph de Saudwych's) bailiwick, on the day that he died; and
which were taken into the King's hand by reason of his death. And all the
issues therefrom received from the Tuesday nearest before the Feast of
Pentecost ((16 May)) last past, he shall deliver to him by the King's special
favour; on which day the said Godfrey presented himself to our lieutenants in
England, and offered to do at that time those things which by law had to be
done. Witnessed by the King, at Canterbury, on the 21st day of June.
Seizure of the Manor of Itchel on account of a trespass committed in the
Forest of Colingridge.
((5 JULII, 1293.)) Indictamentum contra Godefridum, Episcopum
Wygorniensem, pro Colingrugge. Rogerus de Moles, Adam Gurdune, et Johannes
filius Thomae, Vicecomiti Suthamptoniae, salutem. Ex parte domini Regis tibi
mandamus quod distringas Godefridum, Episcopum Wygorniensem, per omnes terras
et catalla in balliva tua; ita quod, ad ea manus non apponet, donec a domino
Rege aliud habueris mandatum. Et quod de exitibus carundem domino Regi
respondeas. Et quod habeas corpus ejusdem Episcopi coram domino Rege in
crastino Assumpcionis Beatae Mariae Virginis, ubicunque fuerit in Anglia, ad
satisfaciendum domino Regi de trangressione venacionis unde est indictatus
coram nobis in comitatu praedicto. Et ad habendum ad eundem diem, ibidem,
Augerum nepotem suum, Willelmum Salvage pincernam suam, Henricum venatorem
suum, Johannem garsonem ejusdem Henrici, et Radulphum Sprenggehuse manupastos
suos, de transgressione venacionis indictatos, ad respondendum domino Regi pro
transgressione praedicta. Et habeas ibidem, tunc, hoc breve. Datum apud
Wyntoniam, die Dominica proxima ante festum Translacionis Beati Thomae
martyris, anno regni Regis Edwardi vicesimo primo.
((30 SEPTEMBRIS, 1293.)) EDWARDUS, Dei gracia Rex Angliae, dominus
Hiberniae, et dux Aquitanniae, dilecto et fideli suo Rogero de Moles salutem.
Mandamus vobis, quod manerium venerabilis patris G((odefridi)), Episcopi
Wygorniensis, de Ichulle, quod nuper capi fecistis in manum nostram, pro
transgressione quam ipsum Episcopum fecisse dicitur capiendo unum cervum in
foresta nostra de Collinggrugge sine licencia nostra, et unde indictatus fuit
coram vobis et dilecto et fideli nostro Adam Gurdune, justiciariis nostris, ad
inquirendum de transgressionibus ((Page 415)) in forestis, chaciis, et parcis
nostris, factis in diversis comitatibus regni nostri, assignatis; eidem
Episcopo per manucapcionem suam propriam, usque ad instans Parliamentum
nostrum Sancti Michaelis, replegiari facias. Ita quod tunc stet recto in
curia nostra de transgressione praedicta. Et habeatis ibi hoc breve. Teste
meipso apud Bristolliam, xxx die Septembris, anno regni nostri vicesimo primo.
E Registro domini, doinini Godefridi Giffard, Wigorniensis Episcopi, fol.
351b.
Translation:-
5 JULY, 1293. Indictment against Godfrey ((Giffard)), Bishop of
Worcester, for ((trespassing in)) Colingrugge ((forest)). Roger de Moles, Adam
Gurdune, and John Fitz Thomas, to the Sheriff of Southampton greeting. On
behalf of the lord King we command you to distrain Godfrey ((Giffard)), Bishop
of Worcester, by all his lands and chattels in your bailiwick, so that a hand
may not be placed upon them, until you shall have another order from the lord
King. And that you shall answer to the King for the issues of the same. And
that you have the body of the same Bishop before the lord King on the morrow
of the Assumption of the Blessed Virgin, wherever he shall be in England, to
make satisfaction to the lord King for the trespass of hunting, whereof he was
indicted before us in the aforesaid county; and to have there on the same day
Auger, his nephew; William Salvage, his butler; Henry, his hunter; John, the
page of the same Henry, and Ralph Sprenggehuse, members of his household,
indicted for the trespass of hunting; to answer to the lord King for the
aforesaid trespass. And you are to have this writ there at that time. Dated
at Winchester, on the Sunday nearest before the feast of the Translation of
Blessed Thomas the Martyr, in the twenty-first year of the reign of King
Edward.
30 SEPTEMBER, 1293. EDWARD, by the grace of God King of England, Lord of
Ireland, and Duke of Aquitaine, to his beloved and faithful Roger de Moles
greeting. We command you that the manor of Ichulle, belonging to the
venerable father Godfrey ((Giffard)), which lately you have caused to be taken
into our hands, for the trespass which the said Bishop is said to have
committed, in taking a deer in our forest of Collinggrugge without our
licence, and for which he was indicted before you and our beloved and faithful
Adam Gurdune, our justices, assigned to enquire concerning the trespasses
committed in our forests, chaces, and parks, in divers counties of our realm,
- you shall cause to be replevied to the said Bishop on his own bail, until
the meeting of our present parliament on Saint Michael's day. So that he
shall then appear in our court to answer for the aforesaid trespass. And you
shall have there this writ. Witness myself, at Bristol, 30th September, in the
twenty-first year of our reign.
((Page 416))
The Royal Writ, and an Inquisition taken at Itchel, after the death of
Godfrey Giffard, Bishop of Worcester.
((28 JANUARII, 1301-2.)) EDWARDUS, Dei gracia Rex Angliae, Dominus
Hiberniae, et Dux Aquitanniae, dilecto filio suo Waltero de Gloucestria,
Escaetori suo ultra Trentam, salutem. Quia Godefridus, Wigorniensis
Episcopus, qui de nobis tenuit in capite clausit extremum diem suum, ut
accepimus, vobis mandamus quod omnes terras et tenementa de quibus idem
Godefridus fuit seisitus in dominico suo, ut de feodo, in balliva vestra, die
quo obiit, sine dilacione capiatis in manum nostram, et ea salvo custodire
faciatis, donec inde praeceperimus. Et per sacramentum proborum et legalium
hominum de balliva vestra, per quos rei veritas melius sciri poterit,
diligenter inquiratis, quantum terrae idem Godefridus tenuit de nobis in
capite, in balliva vestra, die quo obiit, et quantum de aliis, et per quod
servicium, et quantum terrae illae valeant per annum in omnibus exitibus, et
quis propinquior haeres ejus sit et cujus aetatis. Et inquisicionem inde
distincte et aperte factam nobis, sub sigillo vestro et sigillis eorum per
quos facta fuerit, sine dilacione mittatis et hoc breve. Teste meipso apud
Lynliscu, xxviij die Januarii, anno regni nostri tricesimo.
((23 MARCH, 1301-2.)) Inquisicio facta coram.... Escaetori, apud Ichulle,
xiij die Marcii, anno regni Regis E((dwardi)) xxxo., de terris et tenementis
quae fuerunt Godefridi, Episcopi Wygorniensis, in comitatu Suthamptoniae, die
quo obiit. Per sacramentum Nicholsi ate Oke, Roberti de la Trowe, Johannis de
Camera, Johannis Colotre, Rogeri de Vivario, Radulfi le Parker, Nicholai ate
Beere, Adae Abraham, Johannis Parmonter, Roberti de Clere, Johannis Edwardes,
et Galfridi de Cove: qui dicunt per sacramentum snum quod dictus Godefridus
tenuit ((in dominico suo, ut de feodo, die quo obiit)) {1. The bracketed words
are interlineations, written in a smaller hand.} manorium de Ichulle de
Episcopo Wyntoniensi, per servicium feoudi (sic) unius militis. Et dicunt
quod capitale mesuagium cum clauso adjacente et aysiamentis domorum valet per
annum, vjs. viijd. Item, est ibidem unum molendinum aquaticum quod valet per
annum, vjs. viijd. Sunt ibidem C L acrae terrae arabilis, quarum quaelibet
valet per annum iijd. Summa xxxvijs. vjd. Sunt ibidem v acrae prati, quarum
quaelibet valet per annum xijd. Summa vs. Sunt ibidem x liberi tenentes:
quorum Robertus de Clere tenet unam virgatam terrae, et reddit j libram cymini
in festo Sancti Michaelis; Robertus Shut tenet unam dymidiam virgatam terrae,
et reddit per annum vs., videlicet, ad Pasca et ad festum Sancti Michaelis,
pro aequali porcione; Ricardus Carpentare tenet quartam partem virgatae
terrae, et reddit per annum iijs. ((ad quatuor anni ((Page 417)) terminos,
videlicet, ad festa Sancti Michaelis, Sancti Andreae, Annunciacionis Beatae
Mariae, et Sancti Johannis Baptistae aequaliter)) ; Rogerus Odyham tenet
quartam partem unius virgatae terrae, et reddit per annum ijs. ((ad eosdem
terminos)); Willelmus le Cartare tenet quartam partem unius virgatae terrae, et
reddit per annum iijs. ((ad terminos praedictos)) ; Robertus le Swon tenet
quartam partem unius virgatae terrae, et reddit per annum ijs. ((ad terminos
praedictos)); Nicholaus de Quercu tenet unam virgatam terrae, et reddit per
annum vs. ((ad terminos praedictos)); Johannis Cothe tenet dimidiam virgatam
terrae, et reddit per annum iiijs. jd. ((ad terminos praedictos)); Robertus ate
Hole tenet unam dimidiam virgatam terrae, et reddit per annum vs. ((ad terminos
praedictos)); Ricardus ate Lynche tenet unam dimidiam virgatam terrae, et
reddit per annum xld. ((ad terminos praedictos)). Summa redditus liberorum
tenencium, xxxijs. iiijd. Item, sunt ibidem xviij coterelli, et unus
custumarius qui tenet dimidiam virgatam terrae; et reddunt in universo per
annum xlvs. viijd. ((ad terminos praedictos)). Sunt, eciam, in Iweshate v
liberi tenentes: quorum haeredes Stephani de Colevylle tenent j virgatam
terrae, et reddunt per annum ijs. ((ad terminos praedictos)); haeredes Willelmi
de Colevylle tenent j virgatam terrae, et reddunt per annum ijs. ((ad terminos
praedictos)); Nicholaus ate Bure tenet j virgatam terrae, et reddit per annum
vs. ((ad terminos praedictos)); Johannes de la Roude tenet x acras terrae, et
reddit per annum xd. ((ad terminos praedictos)). Summa xjs. xd. {* The sum total
shows that the entry relating to one of the five tenants is omitted in the
original record, as the total (for four) is only 9s. 10d.} Item, sunt ibidem
xxx custumarii, et reddunt per annum in universo C xvs. jd. ob. qua. ((ad
terminos praedictos)). Sunt, eciam, in Cove vij liberi tenentes, et reddunt in
universo per annum lxjs. iiijd. ob. qua. ((ad terminos praedictos)). Sunt,
eciam, ibidem ix custumarii, et reddunt per annum in universo xxxixs. ob. qua.
((ad terminos praedictos)). Summa tocius valoris xvijli. xixs. iiijd. qua.
Item, dicunt quod Johannes Giffard, filius Willelmi Giffard, fratris praefati
Godefridi, est ejus haeres propinquior et da aetate xxx annorum. In cujus rei
testimonium praedicti juratores praesenti Inquisicioni sigilia sua
apposuerunt.
Inquisicio post mortem, 30 Edwardi I, No. 41.
Translation:-
28 JANUARY, 1301-2. EDWARD, by the grace of God King of England, Lord
of Ireland, and Duke of Aquitaine, to his beloved and faithful Walter do
Gloucester, his Escheator beyond the Trent, greeting. Whereas, Godfrey
((Giffard)), Bishop of Worcester, who held of us in chief, has closed his last
day, as we have understood, we command you without delay to take into our
hands all the lands and tenements of ((Page 418)) which the same Godfrey was
seized in his demesne, as of the fee, in your bailiwick on the day he died;
and that you keep them safely until we shall have given you further orders
thereon. And by the oath of proved and legal men of your bailiwick, through
whom the truth of the matter may be the better ascertained, you shall enquire
diligently as to the quantity of land the said Godfrey held of us in chief, in
your bailiwick, on the day he died, and how much he held of others; and by
what service, and how much those lands are worth by the year in all issues;
and who is his nearest heir and of what age. And the inquisition distinctly
and openly thereupon taken you are to send to us without delay, under your
seal and the seals of those by whom it shall be made, together with this writ.
Witness myself, at Lynlithgow, the 28th day of January, in the thirtieth year
of our reign.
23 MARCH, 1301-2. An Inquisition taken before...... the Escheator, at
Ichulle, on the 23rd day of March, in the 30th year of the reign of King
Edward, concerning the lands and tenements which belonged to Godfrey
((Giffard)), Bishop of Worcester, in the county of Southampton, on the day of
his death.{1. The Bishop died on Friday. the 26th January, 1301-2. and was
buried in Worcester Cathedral on the 4th February. "Expletis xxxiii annis et
iiij mensibus cum xiiij diebus pontificatus episcopi Godefridi, septimo
kalendas Februarii, die Veneris, circa completorium, spiritum suum reddidit
Creatori; et secundo nonas Februarii sepultus fuit in Ecclesia Cathedrali
Wygorniae per Johannem ((de Monmouth)), Episcopum Landavensem." - Annales de
Wygornia. MS. Cotton: Caligula, A. X., Fol. 181b.} By the oath of Nicholas at
Oke, Robert de la Trowe, John de Chamber, John Colotre, Roger de Vivario,
Ralph le Parker, Nicholas at Beere, Adam Abraham, John Parmonter, Robert de
Clere, John Edwardes, and Galfrid de Cove: who say, upon their oath, that the
said Godfrey held in his demesne as of the fee, on the day he died, the Manor
of Ichulle of the Bishop of Winchester, by the service of a knight's fee. And
they say that the capital messuage, with the close adjoining and the easements
of the houses, is worth 6s. 8d. a year. Also, there is there a water mill
worth 6s. 8d. a year. There are 150 acres of arable land there, each of which
is worth 3d. a year. Total 37s. 6d. There are there 5 acres of meadow, each
of which is worth 12d. a year. Total 5s. There are 10 freeholders: of whom
Robert de Clere holds a virgate of land and renders a pound of cumin at the
feast of Saint Michael; Robert Shut holds half a virgate of land and pays 5s.
a year, namely, at Easter and at the feast of Saint Michael, by equal
portions; Richard Carpentare holds a fourth part of a virgate of land, and
pays 3s. a year, at the four terms of the year, namely, at the feasts of Saint
Michael, of Saint Andrew, of the Annunciation of the Blessed Mary, and of
Saint John the Baptist, equally; Roger Odyham holds the fourth part of a
virgate of land, and pays 2s a year, at the same terms; William le ((Page 419))
Cartare holds a fourth part of a virgate of land, and pays 3s. a year, at the
aforesaid terms; Robert le Swon holds a fourth part of a virgate of land, and
pays 2s. a year at the aforesaid terms; Nicholas de Oke holds a virgate of
land, and pays 5s. a year at the aforesaid terms; John Cothe holds half a
virgate of land, and pays 4s. 1d. a year at the aforesaid terms; Robert at
Hole holds half a virgate of land, and pays 5s. a year at the aforesaid terms;
Richard at Lynche holds half a virgate of land, and pays 40d. a year at the
aforesaid terms. Total of the rents of the freeholders, 32s. 4d. Also,
there are 18 coterels there, and one customary tenant who holds half a virgate
of land; and they pay altogether 45s. 8d. a year, at the aforesaid terms.
There are, also, in Iweshate 5 freeholders: of whom the heirs of Stephen de
Colevylle hold a virgate of land, and pay 2s. a year, at the aforesaid terms;
The heirs of William de Colevylle hold a virgate of land and pay 2s. a year,
at the aforesaid terms; Nicholas at Bure holds a virgate of land, and pays 5s.
a year at the aforesaid terms; John de la Roude holds 10 acres of land, and
pays 10d. a year, at the aforesaid terms. Total 11s. 10d. There are, also,
30 customary tenants there, and they pay altogether 115s. 1 3/4d. a year, at
the aforesaid terms. There are, also, in Cove 7 freeholders, and they pay
altogether 61s. 4 3/4d. a year, at the aforesaid terms. There are, also,
there 9 customary tenants, and they pay altogether 39s. 3/4d. a year, at the
aforesaid terms. Sum total of the value, #17. 19s. 4 1/4d. Also, they say
that John Giffard, son of William Giffard, brother of the aforesaid Godfrey,
is his nearest heir and of the age of 30 years. In testimony whereof the
aforesaid jurors have affixed their seals to the present Inquisition.{1. Entry
of the homage of John Giffard, nephew and heir of Bishop Godfrey Giffard. ((21
APRILIS, 1302.)) Co. Wygorniae. De homagio capto. Rex cepit homagium Johannis
Giffard, nepotis et haeredis Godefridi Giffard, defuncti, de omnibus terris et
tenementis quae idem Godefridus, avunculus suus, tenuit de Rege in capite, die
quo obiit, et ei terras illas et tenementa Rex reddidit. Et ideo mandatum est
Waltero de Gloucestria, Escaetori Regis citra Trentam, quod, accepta
securitate a praefato Johanne de racionabili relevio suo, reddendo ad
scaccarium Regis, eidem Johanni de omnibus terris et tenementis praedictis, et
de quibus praedictus Godefridus avunculus suus fuit seisitus, in dominico suo
ut de feodo in balliva dicti Escaetoris, die quo obiit, et quae occasione
mortis ejusdem capta sunt in manum Regis, plenam seisinam habere faciat, salvo
jure cujuslibet. Teste Rege apud Divisas, xxj die Aprilis. E Rotulo Finium,
30 Edw. I, memb. 12.}
The jurors appear to have been misinformed as to the extent of the
military service, as from the particulars given in pages 35 to 39 it will be
seen that the property is invariably returned as two knight's fees, and this
is confirmed by the entry of the account rendered by the Bishop of
Winchester's Marshal, recorded on the Pipe Roll of the 21st year of Bishop
John de Pontissara, being the accounts for the year ending on the 29th
September, 1302.
((Page 420))
Idem reddit compotum de xli. de Johanne Giffard, pro relevio ij feodorum
militum, quae fuerunt Godefridi Giffard, avunculi sui.
Compotus Episcopatus Wyntoniensis, consecracionis domini Johannis ((de
Pontissara)), Episcopi, anno vicesimo primo.
On the 30th June, 1314, John Giffard of Weston ((under Egge)) was summoned
to perform military service in person against the Scots, and to muster at
Newcastle-upon-Tyne, on 15th August. The following settlement was probably
made during his absence in Scotland:-
((19-25 NOVEMBRIS, 1314.)) Haec est finalis concordia facta in curia
domini Regis apud Westmonasterium, a die Sancti Martini in quindecim dies,
anno regni Regis Edwardi, filii Regis Edwardi, octavo, coram Willelmo de
Bereford, Lamberto de Trikyngham, Johanne de Benstede, Henrico le Scrope,
Willelmo Inge, et Johanne Bacun, Justiciariis, et aliis domini Regis fidelibus
tunc ibi praesentibus; inter Johannem Giffard et Margeriam uxorem ejus
querentes, per Petrum de Eggesworthe positum loco ipsius Margeriae, per breve
domini Regis, ad lucrandum vel perdendum; et Thomam, personam ecclesiae de
Westone under Egge, deforciantem, de manerio de Ichille cum pertinenciis.
Unde placitum convencionis summonitum fuit inter eos in eadem curia; scilicet,
quod praedictus Johannnes recognovit praedictum manerium eum pertinenciis esse
jus ipsius Thomae, ut illud quod idem Thomas habet de dono praedicti Johannis.
Et pro hac recognicione, fine, et concordia, idem Thomas concessit praedictis
Johanni et Margeriae praedictum manerium cum pertinenciis, et illud eis
reddidit in eadem curia. Habendum et tenendum eisdem Johanni et Margeriae, et
haeredibus ipsius Johannis de corpore suo procreatis, de capitalibus dominis
feodi illius per servicia quae ad illud manerium pertinent imperpetuum. Et si
contingat quod praedictus Johannes obierit sine haerede de corpore suo
procreato, tunc, post decessum ipsorum Johannis et Margeriae, praedictum
manerium cum pertinenciis integre remanebit rectis haeredibus ipsius Johannis,
tenendum de capitalibus dominis feodi illius per servicia quae ad illud
manerium pertinent imperpetuum. SUTHT.
Endorsed:- Alianora, filia Willelmi Coleville, apponit clamium suum.
Agnes, soror ejusdem Alianorae apponit, clamium suum.
Pedes Finium, temporis Edwardi II, Com, Southamptoniae, No. 98.
Translation:-
19-25 NOVEMBER, 1314. This is the final agreement, made in the court of
the lord King, at Westminster, within fifteen days from Saint Martin's day, in
the eighth year of the reign of King Edward, the son of King Edward, before
William de Bereford, Lambert de Trikyngham, ((Page 421)) John de Benstede, Henry
le Scrope, William Inge and John Bacun, justices, and other faithful subjects
of the lord King, then and there present; between John Giffard, and Margery
his wife, complainants, by Peter de Eggesworthe put in the place of this
Margery, by writ of the lord King, to win or to lose; and Thomas, parson of
the church of Weston-under-Egge, deforciant, concerning the manor of Ichille,
with appurtenances. Whereupon a plea of covenant was summoned between them in
the same court; to wit, that the aforesaid John acknowledged the aforesaid
manor, with appurtenances, to be the right of the said Thomas, as that which
the same Thomas has by the gift of the aforesaid John. And for this
recognition, fine, and agreement, the same Thomas grants to the aforesaid John
and Margery the aforesaid manor, with appurtenances; and he surrendered the
manor to them in the same court. To have and to hold to the said John and
Margery, and to the heirs of this John begotten of his body, of the chief
lords of this fee for ever, by the services which appertain to that manor.
And if it happen that the aforesaid John shall die without an heir begotten of
his body, then, after the decease of the said John and Margery, the aforesaid
manor, with appurtenances, shall remain entirely to the right heirs of the
said John, to be held of the chief lords of that fee, for ever, by the
services which appertain to that manor.
The fine is endorsed:- Alianor, daughter of William Coleville, entered
her claim; Agnes, sister of the said Alianor, entered her claim.
The following Inquisition was taken in obedience to a Royal writ,
addressed to Master Richard de Clare, the King's Escheator beyond the Trent.
Tested at York, on 5th December, 13 Edward II, AD. 1319,
((4 FEBRUARII, 1319-20.)) Sutht. Inquisicio facta coram Escaetore domini
Regis, apud Crundale, quarto die Februarii, anno regni Regis Edwardi tercio
decimo, per sacramenturn Stephani Colevyle, Thomae atte Thorne, Johannis de
Shighenherst, Thomae atte Brugge, Galfridi South, Ricardi atte Lye, Nicholai
Skynnere, Johannis Savage, Johannis le Carpenter, Willelmi atte Oketre, et
Ricardi atte Oke. Qui dicunt super sacramontum suum quod Johannes Giffard, de
Westone, nullas terras seu tenementa tenuit de domino Rege in capite in
comitatu Suthamptoniae, die quo obiit, in dominico suo ut de feodo; set dicunt
quod tenuit manerium do Ychhulle ad terminum vitae suae, ex dimissione
Magistri Thomae de Westone; quod, quidem, manerium tenetur de Episcopo
Wyntoniensi per servicium duorum feodorum militum per annum, ad castrum de
Farnham faciendorum. Et valet manerium illud per annum in omnibus ((Page 422))
exitibus, juxta verum valorem, triginta libras. Et dicunt quod Johannes
Giffard, filius praedicti Johannis, est ejus haeres propinquior, et fuit
aetatis viginti annorum xv die Augusti, anno regni Regis Edwardi supradicti
tercio decimo. In cujus rei testimonium praedicti juratores huic Inquisicioni
sigilla sua apposuerunt.
Inquisico post mortem, 13 Edwardi II, No. 15.
Translation:-
4 FEBRUARY, 1319-20. County of Southampton. An inquisition taken at
Crundale before the lord King's Escheator, on the fourth day of February, in
the thirteenth year of the reign of King Edward, by the oath of Stephen
Colevyle, Thomas atte Thorne, John Shighenherst, Thomas atte Brugge, Galfrid
South, Richard atte Lye, Nicholas le Skynnere, John Savage, John le Carpenter,
William atte Oketre, and Richard atte Oke. Who say, upon their oath, that
John Giffard, of Weston, held no lands or tenements of the lord King, in
chief, in the county of Southampton, on the day on which he died, in his
demesne as of the fee; but they say, that he held the manor of Ychhulle, for
the term of his life, by the dimission of Master Thomas de Weston; which said
manor is held of the Bishop of Winchester by the service of two knight's fees
a year, rendered at the castle of Farnham. And the said manor is worth by the
year in all its issues, according to the true value, thirty pounds. And they
say that John Giffard, son of the aforesaid John, is his nearest heir, and was
of the age of twenty years on the 15th day of August, in the thirteenth year
of the reign of King Edward aforesaid. In testimony whereof the aforesaid
jurors have affixed their seals to this inquisition.{1. There is also
preserved with this Inquisition, the one which relates to his Gloucestershire
property. taken on 6th February, 1319-20. It records that he held the Manors
of Norton and Weston Underegge, with appurtenances, together with the advowson
of the Church of Weston. And that John Gyffard, his son and heir, was of the
age of nineteen years and more.}
Sir John Giffard joined the Earl of Hereford and the other Barons in
their league against the Despencers; the King thereupon issued an order for
the seizure of all his lands and chattels.
((7 FEBRUARII, 1321-2.)) Praeceptum est vicecomiti Gloucestriae quod omnia
terras et tenementa, bona et catalla, Johannis Giffard de Westone, in balliva
sua, sine dilacione capiat in manum Regis, et ea salvo custodiat, donec aliud
inde Rex praeceperit. Ita quod de exitibus inde provenientibus Regi
respondeat in camera Regis. Teste Rege, apud Gloucestriam, vij die Februarii.
Per ipsum Regem.
E. Rotulo Originalium, de anno 15, Edwardi II Rot. 8.
((Page 423))
7 FEBRUARY, 1321-2. It is ordered that the Sheriff of Gloucester shall
take into the King's hand, without delay, all the lands and tenements, goods
and chattels, of John Giffard of Weston; within his bailiwick, and keep them
safely until the King shall have given other order therein. So that he shall
answer to the King, in the King's chamber, for the issues arising therefrom.
Witnessed by the King at Gloucester on the 7th of February. By the King
himself.
((26 MARCH, 1322.)) De manerio de Hichille commissio. Rex commisit Roberto
Lewer custodiam manerii de Hichille cum pertinenciis, in comitatu
Suthamptoniae, quod fuit Johannis Giffard inimici et rebellis nostri, et quod
per forisfactum ejusdem in manu Regis existit. Habendum quamdiu Regi
placuerit. Ita quod de exitibus inde provenientibus Regi respondeat in camera
Regis. In cujus rei, etc. Teste Rege apud Pontem fractum, xxvj die Marcii.
Per ipsum Regem nunciatum Magistro Roberto Baldok.
Et mandatum est Vicecomiti Suthamptoniae quod eidem Roberto manerium
praedictum cum pertinenciis liberet, custodiendum in forma praedicta. Teste
Rege ut supra.
E. Rotulo Originalium, 15 Edwardi II, m. 12.
Translation:-
26 MARCH, 1322. A commission concerning the manor of Hichille. The King
has committed to Robert Lewer{1. Keeper of the Royal castle, manor, town,
hundred, and park of Odiham. His appointment is dated 8th July, 1321. He had
previously held this office, from 10th December, 1318, till 22nd February,
1319-20.} the custody of the manor of Hichille with appurtenances, in the
county of Southampton, which belonged to John Giffard, his enemy and rebel,
and which, by the forfeiture of the same, is in the King's hands. To be held
as long as it shall please the King, so that he shall answer to the King, in
the King's chamber, for the issues arising therefrom. In testimony whereof,
etc. Witnessed by the King at Pontefract, on the 26th of March. By the King
himself announced to Master Robert Baldock.
And it was ordered, that the Sheriff of Southampton should deliver to the
said Robert, the aforesaid manor with appurtenances, to be kept in the form
aforesaid. Witnessed by the King as above.
((2 MAII, 1325.)) De custodia manerii de Ichulle commissa. Sutht. Rex
commisit dilecto sibi Johanni de Aultone, ballivo manerii Regis de Odyham,
custodiam manerii de Ichulle cum pertinenciis, quod fuit Johannis Giffard de
Westone, et quod quibusdam de causis in manu Regis existit. Habendum, una cum
instauro, ac aliis bonis et catallis Regis in eodem manerio existentibus,
qnamdiu Regi placuerit. Ita quod ((Page 424)) de exitibus inde provenientibus
Regi respondeat ad scaccarium Regis. In cujus rei, etc. Teste Rege apud
Wyntoniam, secundo die Maii. Per ipsum Regem nunciatum Thesaurario.
Et mandatum est Roberto de Hungerforde quod eidem Johanni praedictum
manerium, cum instauro ac aliis bonis et catallis praedictis, quae sunt in
custodia sua cx commissione Regis, liberet custodiendum in forma praedicta.
Teste ut supra.
Ibid, 18 Edwardi II, m. 21.
Translation:-
2 MAY, 1325. Concerning the commitment of the custody of the manor of
Ichulle, Co. Southampton. The King has committed to his beloved John de
Aultone, bailiff of the King's manor of Odyham, the custody of the manor of
Ichulle, with appurtenances, which belonged to John Giffard, of Westone, and
which for certain causes is in the King's hands. To hold, together with the
stock, and the other goods and chattels belonging to the King, existing in the
same manor, as long as it shall please the King. So that he shall answer to
the King, for the issues arising therefrom, in the King's Exchequer. In
testimony whereof, etc. Witnessed by the King, at Winchester, on the second
day of May. Announced by the King himself to the Treasurer.{1. Walter de
Stapeldon, Bishop of Exeter.}
And it was ordered, that Robert de Hungerford should deliver to the said
John the aforesaid manor, with the stock and the other goods and the aforesaid
chattels which are in his custody by the King's commission,{2. Dated at
Langley, on 16 April, 1324, by which the King committed to him the custody of
all the manors and lands, with appurtenances, which belonged to the King's
enemies, in the counties of Wilts and Southampton; also the stock, etc., on
the said manors, etc. And he was also to collect all the debts and rents due
to the King from the aforesaid manors, etc. - Rot. Orig., 17 Edw. II, m. 26.}
to be kept in the aforesaid form. Witnessed as above.
On the death of Sir John Giffard, knight, which appears to have occurred
in June, 1327,{3. The Royal mandate directing the Escheator to take possession
of the lands on account of his death is dated at York, the 10th of June,
1327:- De terris capiendis in manum Regis. Quia Johannes Giffard de Westone
Undre Edge, qui de Rege tenuit in capite, diem suum clausit extremum, ut Rex
accepit, mandatum est Willelmo Trnssel, Escaetori ultra Trentam, quod omnes
terras et tenementa de quibus idem Johannes fuit seisitus in dominico suo ut
de feodo, etc., sine dilacione capiat in manum Regis. Et ea salvo, etc.,
donec, etc. Teste Rege, apud Eboracum, x die Junii. - Rot. Orig., 1 Edw. III,
Rot. 15.} there was an unusual delay in issuing the writs, "ad diem suum
clausit extremum." They are dated at Gloucester on the 19th of December, and
the following Inquisition was taken with respect to his Hampshire property.
((13 FEBRUARII, 1327-8.)) Suthampton. Inquisicio capta coram Simone de
Bereford, escaetore domini Regis citra Trentam, apud Odiham, die Sabbati in
vigilia Sancti Valentini, anno regni Regis ((Page 425)) Edwardi tercii a
conquestu, secundo; per sacramentuni Johannis atte Berghe, Ricardi atte Oke,
Thomae de Warbeltone, Roberti de Cleyre, Alexandri atte Rude, Radulfi atte
Lye, Thomae de Bromhulle, Roberti atte Rye, Roberti atte Asshe, Johannis atte
Rigge, Thomae le Parker et Henrici atte Trouwe. Qui dicunt super sacramentum
suum quod Johannes Gyffard ((de)) Underegge, qui de domino tenuit in capite,
obiit seisitus in dominco suo, ut de feodo, de Manerio de Ichhulle cum
pertinenciis, in comitatu Suthamptoniae. Dicunt, eciam, quod dictum manerium
tenetur de Episcopi Wyntoniensi per servicium unius feodi militis, et faciendi
sectam ad curiam dicti Episcopi, de Farnham, de tribus septimanis in tres
septimanas, ac, eciam, sectam ad curiam ejusdem Episcopi, in Soka Wyntoniae,
de quindena in quindenam; et, eciam, unam appertuaciam ad pavilonem dicti
Episcopi super montem Sancti Egidli per annum. Item, dicunt quod capitale
mesuagium cum gardinis valet per annum tres solidos et quatuor denarios. Et
dicunt quod sunt in dominico ejusdem manerii centum sexaginta et sex acrae
terrae arabilis, quarum quadraginta acrae terrae valent per annum tresdecim
solidos et quatuor denarios; videlicet, quaelibet acra, iiijd. et sexaginta
acrae terrae valent per annum quindecim solidos; videlicet, quaelibet acra,
iijd. Sexaginta et sex acrae terrae valent per annum quinque solidos et sex
denarios; videlicet quaelibot acra, jd. Et sunt ibidem sex acrae prati, quae
valent per annum sex solidos; videlicet, quaelibet acra, xijd. Item, sunt
ibidem decem acrae pasturae separalis, quae valent per annum tres solidos et
quatuor denarios. Est ibidem quoddam molendinum aquaticum totum dirutum et
nullius valoris. Et est ibidem quidam boscus inclusus viginti acrarum, de quo
nullus subboscus potest vendi per annum; et valet pastura ejusdem bosci, cum
pannagio cum acciderit, duos solidos per annum. Sunt ibidem quindecim liberi
tenentes, qui reddunt per annum quatuor libras, octodecim solidos et unum
denarium. Sunt ibidem octodecim virgatarii et custumarii, qui reddunt per
annum novem libras, tres solidos, et unum denarium; et opera custumariorum
predictoruni valent per annum quatuor libras et novem decem solidos. Item,
dicunt quod dictum manerium de Ichhulle oneratur Priori Sancti Swithuni
Wyntoniae in tribus solidis per annum. Item, dicunt quod Johannes Gyffard,
filius Johannis Gyffard dw Westone Underegge, est filius et propinquior haeres
praedicti Johannis Gyffard, et aetatis dimidii anni et amplius. In cujus rei
testimonium praedicti juratores huic Inquisicioni sigilla sua apposuerunt.{1.
There are two other Inquisitions, as well as a summary of the extent and value
of his lands, viz., one relating to his property in the County of Cambridge,
taken at Wendeye, in that county, on 22 February, 1327-8, which ends:- Item
dicunt quod filios ejusdem Johannis Giffard est ejus haeres propinquior et est
aetatis dimidii anni. The other Inquisition, the Gloucestershire one, is much
rubbed and many of the words are now illegible. It ends:- Et dicunt quod
Johannes, filius praedicti Johannis Giffard, est propinquior haeres praedicti
Johannis Giffard et aetatis dimidii anni. This is followed by a slip of
parchment inscribed:-
Extenta terrarum at tenementorum quae fuerunt Johannis Giffard de Westone
Underegge, defuncti, qui de Rage tenuit in capita, facta per Simonem de
Bereford, escaetorem, etc.
Glouc.
Manerium de Norton ((Under-Egge)) cum pertinenciis, in Comitato
Gloucestriae, quod ((estimatur)) ad xvjli. vijs. iiijd. ultra redditus
resolutos.
Manerium de Westone ((Under-Egge)) cum pertinenciis, in eodem Comitatu,
quod ((estimatur)) ad xxjli. xvjs. vjd. ob.
Cantebrig.
Quaedam tenementa in Wendaye et Knesworthe in Comitatu Cantebrigiae, quae
((estimantur)) ad viijli. xs. iijd. ob.
Suthton.
Manerium de Ichhulle cum pertinenciis, in Comitatu Suthamptoniae, quod
((estimatur)) ad xxjli. vs. viijd.
Summa totalis, lxvijli. xixs. xd.
Inde duae partes, xliiijli. vjs. vjd. ob. et duae partes quadrantis.
Inde tercia pars, xxijli. xiijs. iijd. quae et tercia pars unius
quadrantis.}
Inquisicio post mortem, I Edwardi III, 1st Nos., No. 46.
((Page 426))
Translation:-
13 FEBRUARY, 1327-8. Co. Suthampton. An Inquisition taken before Simon de
Bereford, the escheator of the lord King on this side of the Trent, at Odiham,
on Saturday the vigil of Saint Valentine, in the second year of the reign of
King Edward the Third from the conquest; by the oath of John atte Berghe,
Richard atte Oke, Thomas de Warbeltone, Robert de Cleyre, Alexander atte Rude,
Ralph atte Lye. Thomas de Bromhulle, Robert atte Rye, Robert atte Asshe, John
atte Rigge, Thomas le Parker and Henry atte Trouwe. Who say upon their oath,
that John Gyffard, of Underegge, who held of the lord King in chief, died
seized in his demesne, as of the fee, of the manor of Ichhulle, with
appurtenances, in the county of Southampton. They say, also, that the said
manor is held of the Bishop of Winchester, by the service of one knight's fee,
and rendering suit at the court of the said Bishop, at Farnham, every third
week; and also suit at the court of the same Bishop, in the Soke of
Winchester, every fortnight; and also a guard's service yearly at the Pavilion
of the said Bishop on the hill of Saint Giles. Also, they say that the
capital messuage with the gardens, is worth per annum three shillings and
fourpence. And they say, that there are in the demesne of this manor a
hundred and sixty-six acres of arable land, of which forty acres of land are
worth, yearly, thirteen shillings and fourpence; to wit, - each acre, 4d.: and
sixty acres of the land are worth, yearly, fifteen shillings; to wit, - each
acre, 3d. Sixty-six acres of the land are worth, yearly, five shillings and
sixpence; to wit,- each acre, 1d. And there are six acres of meadow there
worth, yearly, six shillings; to wit, - each acre, 12d. Also, there are there
ten acres of separated pasture, which are worth yearly three shillings and
fourpence. There is a certain water-mill there in utter ruin and of no value.
And there is there a certain enclosed wood of twenty acres, ((Page 427)) from
which underwood cannot be sold every year; and the pasture of the same wood,
with the pannage when there is any, is worth two shillings a year. There are
there fifteen freeholders, who pay four pounds, eighteen shillings, and a
penny, yearly. There are there eighteen virgate holders and customary
tenants, who pay, by the year, nine pounds three shillings and a penny; and
the work of the aforesaid customary tenants is worth, by the year, four pounds
and nineteen shillings. Also, they say that the said manor of Ichhulle is
burdened to the Prior of Saint Swithun's, Winchester, with the payment of
three shillings a year. Also, they say that John Gyffard, son of John Gyffard
of Weston Underegge, is the son and nearest heir of the aforesaid John
Gyffard, and of the age of half a year and more. In testimony whereof the
aforesaid jurors have set their seals to this Inquisition.
An Inquisition with respect to Lands in Dippenhall held by John de
Westcote.
((28 AUGUSTI, 1335.)) Inquisicio capta apud Wyntoniam, coram Willelmo de
Northe, escaetore domini Regis in comitatibus Suthamptoniae, Wyltesirae et
aliis, xxviijo. die Augusti, anno regni Regis Edwardi tercii a conquestu,
nono; virtute brevis domini Regis huic Inquisicioni consuti. In praesencia
Johannis de Scures, Vicecomitis Suthamptoniae..... ad haec praemuniti, eo quod
Johannes de Ravenesholme cui dominus Rex commisit custodiam terrarum et
tenementorum quae fuerunt Johannis de Westcote nuper defuncti, in manus ipsius
Regis existencium, racione fatuitatis et idiotriae Johannis, filii et haeredis
dicti Johannis, sufficienter praemunitus essendi hic ad hunc diem super
capcionem hujus Inquisicionis; qui venire non curavit. Per sacramentum
Valentini Bekke, Johannis atte Burghe, Johannis Frylend, Johannis Goion,
Thomae Warblyntone, Willelmi Michel, Simonis atte Park, Johannis Dymars,
Ricardi Saleman, Radulfi Cosyn, Radulfi le Clere, et Nicolai de Hanytone. Qui
dicunt, super sacramentum suum, quod praedictus Johannes de Westcote tenuit in
dominico suo ut de feodo, die quo obiit, omnes terras et tenementa sua in
Depenhale de Priore Sancti Swythuni Wyntoniae, et non de alio, per servicium
viginti et sex solidorum et sex denariorum per annum, eidem Priori ad festum
Sancti Michaelis solvendorum, et per servicium faciendi sectam ad curiam
ipsius Prioris de Crundale, do tribus septimanis in tres septimanas. De
quibus, quidem, serviciis Ricardus, nuper Prior ejusdem loci, praedecessor
Prioris nunc, fuit seisitus tempore ipsius Johannis de Westcote; et Prior qui
nunc est fuit seisitus de serviciis praedictis, quousque terrae et tenementa
praedicta capta fuerunt in manus domini Regis, racione fatuitatis et idiotriae
praedicti haeredis. In eujus rei testimonium praedicti ((Page 428)) jurati huic
Inquisicioni sigilla sua apposuerunt. Datum die et loco et anno praedictis.
Inquisicio post mortem, 9 Edwardi III, 2nd Nos., No. 42.
Translation:-
28 AUGUST, 1335. An Inquisition taken at Winchester before William de
Northe, Escheator of the Lord King in the Counties of Southampton, Wiltshire,
and other counties, on the 28th day of August, in the ninth year of the reign
of King Edward the Third from the Conquest; by virtue of a writ of the Lord
King, sewed to this Inquisition. In the presence of John de Scures, Sheriff
of the County of Southampton, cited for the purpose, because that John de
Ravenesholme, sufficiently cited to be here this day at the taking of this
Inquisition, has not cared to come; to whom the lord King committed the
custody of the lands and tenements which belonged to John de Westcote, lately
deceased,{1. This John de Westcote, on the 12th December, 1311, obtained a
grant of Free Warren for his lands in Bentley, Badele, and Crondale, as well
as for his demesne lands in Sussex. - Charter Roll, 6 Edw. II, No. 46.} being
in the King's hands, by reason of the fatuity and idiocy of John, son and heir
of the said John. By the oath of Valentine Bekke, John atte Burghe, John
Frylend, John Goion, Thomas Warblynton, William Michel, Simon atte Park, John
Dymars, Richard Saleman, Ralph Cosyn, Ralph le Clere, and Nicholas de Hanyton.
Who say, upon their oath, that the aforesaid John de Westcote held in his
demesne as of the fee, on the day on which he died, all his lands and
tenements in Depenhale, of the Prior of Saint Swithun's, Winchester, and not
of any other person; by the service of twenty-six shillings and sixpence a
year, to be paid to the said Prior, at the Feast of Saint Michael; and by the
service of doing suit at the court of the said Prior, at Crundale, every third
week. Of which services indeed, Richard, the late Prior{2. Brother Richard de
Eneford, was elected Prior in June, 1309. He resigned his dignity on 25th
June, 1328, and Brother Alexander de Herierd was elected as his successor, and
the election confirmed by the Bishop on 13th July, 1328.} of the same place,
the predecessor of the present Prior, was seized in the time of the said John
de Westcote; and the Prior who now is, was seized of the aforesaid services,
until the aforesaid lands and tenements were taken into the hands of the lord
King, by reason of the fatuity and idiocy of the aforesaid heir. In testimony
whereof the aforesaid jurors have set their seals to this Inquisition. Dated
on the day and in the place and year aforesaid.
On the death of John, the son of John de Westcote, a writ "ad diem
clausit extremum" was issued on 10th of January, ((Page 429)) 1336-7, and the
Inquisition was held at Alton on the 23rd of January. The document is in
faded ink and injured by friction.
The jury were directed to enquire about particulars as to the two parts
of a messuage and a carucate of land, with appurtenances, in Dupenhale, and a
messuage, sixty acres of land, an acre of meadow, and an acre of wood, with
appurtenances, in Crondale; which are called Colevile's land, and which wore
taken into the King's hands, etc.
The jury say that the aforesaid two parts of a messuage and a carucate of
land, with appurtenances, in Dupenhale, are held of the Prior of Saint
Swythun's, Winchester, by the service of 17s. 8d. a year, and suit of court at
Crondale every third week; and they are worth yearly in all their issues 56s.
4d. beyond the rent repaid. And they say that the aforesaid messuage, with
the sixty acres of land, one acre of meadow, and one acre of wood, with
appurtenances, in Crondale, which are called Coleviles-lond, are held of the
heir of John Giffard ((of)) Underegge, as of the manor of Dichulle (Itchel),
which is in the custody of Thomas de Bradenestone, by commission of the lord
King, until the lawful age of the aforesaid heir, by the service of 6d. a
year; and it is worth 10s. a year in all its issues.
And they say, upon their oath, that Alesia, whom William de Colrithe has
married, Sibilla, whom Simon Bonynger has married, Alice, whom Laurence de
Pageham has married, and Margery, whom John de Fulquardeby has married, are
the sisters and nearest heirs of the said John, son of John de Westcote. And
the aforesaid Alesia is of the age of thirty years, Sibilla twenty-eight
years, Alice twenty-six years, and Margery twenty-four years and more.{1.
Inquisicio post mortem, 10 Edw. III, 1st Nos., No. 46. - The above abstract of
it is given, in preference to a transcript of as much as can be read of the
original. A moiety of this estate came to Alice, wife of the above mentioned
Laurence de Pageham, as appears from an Inquisition taken at Alton on the 26th
of May, 1375, before Oliver de Harnham, the King's Escheator for the county of
Southampton. It states that the said Laurence held on the day of his death,
in his demesne as of the fee, by the gift of Master John Lecche (Rector of
Crondale from i7th July. 1352, till his death in August, 1361) to him, and to
Alice his late wife, also deceased, (who died in the lifetime of this
Laurence,) and to the heirs of their bodies, the moiety of a toft, the moiety
of a carucate of land, two acres of wood, and 24s. 10d. of rent, at Badele, in
the parish of Crundalle, of the Prior of Saint Swithun's, Winchester; but by
what service the jury know not. And the moiety of a toft, and the moiety of a
carucate of land, and an acre of wood. with appurtenances, in Colvile's, in
the aforesaid parish of Crundale; held of John Giffard, lord of Ichelle; but
by what service the jury know not. If the said Alice died without issue, the
said lands were to remain to the right heirs of the said Alice; and were worth
100s. yearly. beyond reprises. The said Laurence died on the 6th of October,
anno 35 Edw. Ill (A. D. 1361); and John, son of John de Pageham, son of the
said Laurence and of the aforesaid Alice, is the nearest heir of the said
Laurence, and is of the age of fourteen years and more. The said lands were
in the custody of Thomas More as guardian, by the King's commission, from the
30th of May, 1362, until the death of the said Thomas More, which occurred
about the Feast of All Saints last past (1374). Inquis. post mortem, 49 Edw.
III, pars. 2, 1st Nos.. No. 24. - On the 3rd of June, 1375, the lands and
wardship of the heir were entrusted to the care of Sir William Tauk, knight,
Chief Baron of the King's Exchequer.
Rex omnibus ad quos. etc., salutem. Sciatis quod commisimus dilecto et
fideli nostro Willelmo Tauk, militi, capitali baron de scaccario nostro,
custodiam unius carucatae terrae, duarum acrarum prati, quatuor acrarum bosci,
at sexdecim solidatarum et decem denaratarum annui redditus, cum pertinenciis.
in Bentlee; quinque acrarum prati, quinque solidatarum at sex denaratarum
annui redditus, cum pertinenciis, in Badele, in parocha de Crundale; et
medietatis unius tofti, medietatis unius carucatae terrae et unius acrae
integre bosci, cum pertinenciis, in Colviles, in dicta parochia de Crundale,
quae fuerunt Laurencii de Pagham, defuncti, qui de nobis tenuit in capite alia
terras et tenementa die quo obiit, et quae per mortem praedicti Laurencii et
racione minoris aetatis haeredis ejusdem Laurencii in manu nostra existunt.
Habendum a festo Paschae ultimo praeterito usque ad legitimate aetatem
haeredis praedicti. Reddendo inde nobis octo marcas per annum ad Scaccarium
Sancti Michaelia et Paschae, per equales porciones, et inveniendo praefato
heredi sufficientem sustentacionem per tempus supradictum. In cujus rei, etc.
Teste Rege apud Westmonasterium, tercio die Junii. E Rotulo Originalium, de
anno 49 Edwardi II, memb. 4}
((Page 430))
Directions to the Escheator to retain in the King's hands a certain
messuage and lands, belonging to the Manor of Itchel.
((17 FEBRUARII, 1336-7.)) Com. Suthamptoniae. De haeredibus Johannis,
filii Johannis de Westcote. REX dilecto et fideli suo, Willelmo Trussel,
escaetori suo citra Trentam, salutem. Quia accepimus per Inquisicionem quam
per vos fieri fecimus, quod diversa terrae et tenementa, cum pertinenciis, in
Haliburne, Estbrouke, Aultone, Westbrouke, Purle, Dupenhale, et Crondale, in
Comitatu Suthamptoniae, capta fuerunt in manum nostram occasione fatuitatis et
idiociae Johannis, filii Johannis de Westcote, jam defuncti, et in manu nostra
sic existunt, quodque unum mesuagium, sexaginta acrae terrae, una acra prati,
et una acra bosci, cum pertinenciis, in villa de Crondale, de terris et
tenementis supradictis, de haerede Johannis Gyffard de ((Westone)) Underegge,
defuncti, qui tenuit in capite, infra aetatem et in custodia nostra existente,
ut de manerio de Itchulle, per servicium sex denariorum per annum; et residua
terrae et tenementorum de eisdem terris et tenementis de diversis aliis
dominis per diversa servicia tenentur, et non de nobis; et quod Alesia quam
Willelmus de Colrithe, Sibilla quam Simon Bonynger, Alicia quam Laurencius de
Pageham, et Margeria quam Johannes de Fulquardeby, duxerunt in uxores, sunt
sorores et haeredes ejusdem Johannis, filii Johannis, propinquiores et plene
aetatis; vobis mandamus quod, retentis in manu nostra praedictis mesuagio,
sexaginta acris terrae, et una acra prati et una acra bosci, quae de praefato
haerede sic tenentur donec aliud inde praeceperimus vos; et aliis terris et
tenementis praedictis, quae de aliis dominis sic tenentur, et quae racione
fatuitatis et idiociae ipsius Johannis, filii Johannis, capta fuerunt in manum
nostram et in manu nostra existunt sicut praedictum est, ulterius in aliqno
non intromittatis; salvo jure nostro et ulterius cujuscumque exitus, si quos
de eisdem terris et tenementis quae de aliis dominis sic tenentur a tempore
mortis praedicti Johannis, filii Johannis, percepistis, illis quorum fuerint
liberantes. Teste Rege apud Huntingdoniam, xvij die Februarii.
E Rotulo Originalium, de anno 11 Edwardi III, memb. 1.
((Page 431))
Translation:-
17 FEBRUARY, 1336-7. Co. Southampton. Concerning the heirs of John, the
son of John de Westcote. The King to his beloved and faithful William
Trussel, his escheator this side of the Trent, greeting. Whereas we have
ascertained, by the Inquisition which we caused to be made by you, that divers
lands and tenements, with appurtenances, in Haliburne, Estbrouke, Aultone,
Westbrouke, Purle, Dupenhale and Crondale, in the county of Southampton, were
taken into our hands by reason of the fatuity and idiocy of John, son of John
de Westcote, now deceased, and are still remaining in our hands; and that a
messuage, sixty acres of land, an acre of meadow, and an acre of wood, with
appurtenances, in the vill of Crondale, part of the lands and tenements
aforesaid, belong to the heir of John Giffard of Weston Underegge, deceased,
who held of us in chief, being under age and still in our wardship, held of
the manor of Itchulle, by the service of sixpence a year; and the residue of
the lands and tenements, of the aforesaid lands and tenements, are held of
divers other lords, by divers services, and not of us; and that Alesia, whom
William de Colrithe, Sibilla, whom Simon Bonynger, Alice, whom Laurence de
Pageham, and Margery, whom John de Fulquardeby, have married, are the sisters
and the nearest heirs of the said John, son of John, and of full age; we
command that, the aforesaid messuage, the sixty acres of land, the acre of
meadow, and the acre of wood, which are held of the aforesaid heir, being
retained in our hands until we shall have given you other order thereupon; as
well as the other lands and tenements aforesaid, which are held of divers
other lords, and which were taken into our hands, and still remain in our
hands, by reason of the fatuity and idiocy of this John, son of John, as
aforesaid, you are not to interfere further therewith, saving our right and
the further right of anyone: paying to those to whom they are due any issues
you may have received from the aforesaid lands and tenements, which are held
of other lords, from the time of the death of the aforesaid John, son of John.
Tested by the King at Huntingdon, 17th February.
Proof of the age of John Giffard, son and heir of John Giffard, deceased,
taken in obedience to a Royal Writ, dated at Westminster, 17 June, 1348.
((8 OCTOBRIS, 1348.)) Probacio aetatis Johannis, filii et haeredis
Johannis Giffard de Westone Underegge, defuncti, capta apud Wenloke, viij die
Octobris, anno regni Regis Edwardi tercii post conquestum xxdo, per
sacramentum subscriptorum.
((Page 432))
Thomas le Forcer, aetatis quadraginta annorum, juratus et examinatus
super aetate praedicti Johannis Giffard, dicit quod praedictus Johannes
Giffard fuit aetatis viginti unius annorum die Sabbati proxima post festum
Sancti Mathaei, Apostoli, ultimum praeteritum, eo quod natus fuit apud
Scheyntone praedicto die Sabbati, et eodem die in ecelesia praedictae villae
baptizatus, anno regni Regis Edwardi nunc primo. Et hoc scit quia idem Thomas
praedictum Johannem Giffard de sacro fonte levavit, per quod bene recolit quod
tantum tempus est elapsum.
Malculinus de Scheyntone, aetatis quadraginta sex annorum, juratus et
examinatus super aetate praedicta, dicit quod praedictus Johannes Giffard fuit
aetatis xxj annorum die Sabbati proxima post festum Sancti Mathaei, Apostoli,
ultimum praeteritum, eo quod natus fuit apud Scheyntone preedicto die Sabbati,
et eodem die in ecclesia praedictae villae baptizatus, anno regni Regis
Edwardi nunc primo. Et hoc scit quia idem Mal ulinus fuit in dicta ecclesia
praesens quando praedictus Johannes Giffard fuit baptizatus; et hoc bene scit
quod tantum tempus est elapsum.
Johannes Constantine, aetatis quinquaginta annorum, juratus et examinatus
super aetate praedicta, dicit quod praedictus Johannes Giffard fuit aetatis
xxj annorum die Sabbati proxima post festum Sancti Mathaei, Apostoli, ultimum
praeteritum, eo quod natus fuit apud Scheyntone preedicto die Sabbati, et
eodem die in ecclesia praedictae villae baptizatus, anno regni Regis Edwardi
nunc primo. Et hoc scit quia idem Johannes fuit compater praedicti Johannis
Giffard; et hoc bene scit quod tantum tempus est elapsum.
Willelmus Walleye, aetatis quinquaginta iij annorum, juratus et
examinatus super aetate praedicta, dicit quod praedictus Johannes fuit aetatis
xxj annorum die Sabbati proxima post festum Sancti Mathaei, Apostoli, ultimum
praeteritum, eo quod natus fuit apud Scheyntone praedicto die Sabbati, et
eodem die in ecelesia praedicta baptizatus, anno regni Regis Edwardi nunc
primo. Et hoc scit quia idem Willelmus duxit Editham, uxorem suam, illa
septimana qua praedictus Johannes fuit baptizatus; et hoc scit bene quod
tantum tempus est elapsum.
Ricardus, filius Ricardi de Wenloke, aetatis xliiij annorum, juratus et
examinatus super aetate praedicta, dicit quod praedictus Johannes fuit aetatis
xxj annorum die Sabbati proxima post festum Sancti Mathaei, Apostoli, ultimum
praeteritum, eo quod natus fuit apud Scheyntone praedicto die Sabbati, et
eodem die in ecclesia praedicta baptizatus, anno regni Regis Edwardi nunc
primo. Et hoc scit quia Johanna, mater praedicti Ricardi, die quo idem
Johannes natus fuit sepulta est; et ideo bene scit quod tantum tempus est
elapsum.
David de Draytone, aetatis liiij annorum, juratus et examinatus super
((Page 433)) aetate praedicta, dicit quod praedictus Johannes fuit aetatis xxj
annorum die Sabbati proxima post festum Sancti Mathaei, Aposto))i, ultimum
praeteritum, eo quod natus fuit apud Scheyntone praedicto die Sabbati, et
eodem die in ecclesia praedicta baptizatus, anno regni Regis Edwardi nunc
primo. Et hoc scit quia idem David, cum aliis vicinis suis, arripuit iter
suum versus Iberniam illo anno.
Willelmus le Spencer, aetatis sexaginta annorum, juratus et examinatus
super aetate praedicta, dicit quod praedictus Johannes fuit aetatis xxj
annorum die Sabbati proxima post festum Sancti Mathaei, Apostoli, ultimum
praeteritum, eo quod natus fuit apud Scheyntone praedicto die Sabbati, et in
ecclesia praedicta baptizatus, anno regni Regis Edwardi nunc primo. Et hoc
scit, et concordat in omnibus cum praedicto David.
Walterus le Spencer, aetatis sexaginta annorum, juratus et examinatus
super aetate praedicta, dicit quod praedictus Johannes fuit aetatis xxj
annorum die Sabbati proxima post festum Sancti Mathaei, Apostoli, ultimum
praeteritum, eo quod natus fuit apud Scheyntone praedicto die Sabbati et in
ecclesia praedicta baptizatus, anno regni Regis Edwardi nunc primo. Et hoc
scit quia illo anno fuit cum praedicto David in Hibernia.
Alanus de Halughtone, aetatis xlij anuorum, juratus et examinatus super
aetate praedicta, dicit quod praedictus Johannes fuit aetatis xxj annorum die
Sabbati proxima post festum Sancti Mathaei, Apostoli, ultimum praeteritum, eo
quod natus fuit apud Scheyntone praedicto die Sabbati, et in ecclesia
praedicta baptizatus, anno regni Regis Edwardi nunc primo. Et hoc scit quia
illo anno fuit apud Wenloke coram coronatore domini Regis.
Johannes de Cestria, aetatis xliij annorum, juratus et examinatus super
aetate praedicta, dicit quod praedictus Johannes fuit aetatis xxj annorum die
Sabbati proxima post festum Sancti Mathaei, Apostoli, ultimum praeteritum, eo
quod natus fuit apud Scheyntone predicto die Sabbati, et in ecclesia praedicta
baptizatus, anno regni Regis Edwardi nunc primo. Et concordat in omnibus cum
praedicto Alano.
Ricardus Wyvel, aetatis xlij annorum, juratus et examinatus super aetate
praedicta, dicit quod praedictus Johannes fuit aetatis xxj annorum die Sabbati
proxima post festum Sancti Mathaei, Apostoli, ultimum praeteritum, eo quod
natus fuit apud Scheyntone praedicto die Sabbati, et in ecclesia praedicta
baptizatus, anno regni Regis Edwardi nunc primo. Et hoc scit quia illo anno
quo idem Johannes natus fuit stetit cum Hugone, domino de Scheyntone.
Ricardus Crescet, aetatis xlv annorum, juratus et examinatus super aetate
praedicta, dicit quod praedictus Johannes fuit aetatis xxj annorum die Sabbati
proxima post festum Sancti Mathaei, Apostoli, ultimum ((Page 434)) praeteritum,
eo quod natus fuit apud Scheyntone praedicto die Sabbati, et in ecclesia
praedicta baptizatus, anno regni Regis Edwardi nunc primo. Et hoc scit quia
idem Ricardus, illo tempore quo idem Johannes fuit natus, fuit camerarius
matris praedicti Johannis.
In cujus rei testimonium huic probacioni praedicti jurati sigilla sua
apposuerunt. Datum die et loco supradictis.
Inquisicio post mortem, 22 Edwardi III, 1st Nos., No. 57.
Translation:-
8 OCTOBER, 1348. Proof of the age of John, son and heir of John Giffard,
of Weston Underegge, deceased, taken at Wenlock (Shropshire) on the 8th of
October, in the 20th year of the reign of King Edward Third, after the
Conquest, by the oath of the underwritten:-
Thomas le Forcer, forty years of age, sworn and examined as to the age of
the aforesaid John Giffard, says that the aforesaid John Giffard was twenty-
one years of age on the Saturday next after the Feast of St. Mathew the
Apostle, last past; because he was born at Scheynton on the aforesaid
Saturday, and on the same day was baptized in the church of the aforesaid
village, in the first year of the reign of Edward, the present king. And this
he knows, because he, the said Thomas, lifted the aforesaid John Giffard from
the sacred font, by which circumstance he well recollects that so much time
has elapsed.
Malculine de Scheynton, forty-six years of age, sworn and examined as to
the age aforesaid, says that the aforesaid John Giffard was twenty-one years
of age on the Saturday next after the Feast of St. Mathew the Apostle, last
past, because he was born at Scheynton on the aforesaid Saturday, and baptized
on the same day in the church of the aforesaid village, in the first year of
the reign of Edward, the present king. And this the said Malculine knows,
because he was present in the said church when the aforesaid John Giffard was
baptized; and this he knows well, that so much time has elapsed.
John Constantine, fifty years of age, sworn and examined as to the age
aforesaid, says that the aforesaid John Giffard was twenty-one years of age on
the Saturday next after the Feast of St. Mathew the Apostle, last past,
because he was born at Scheynton on the aforesaid Saturday, and baptized on
the same day in the church of the aforesaid village, in the first year of the
reign of Edward, the present king. And this the said John knows, because he
was one of the godfathers of the aforesaid John Giffard, and this he knows
well, that so much time has elapsed.
William Walleye, fifty-three years of age, sworn and examined as to the
age aforesaid, says that the aforesaid John was twenty-one years of ((Page 435))
age on the Saturday next after the Feast of St. Mathew the Apostle, last past,
because he was born at Scheynton on the aforesaid Saturday, and baptized on
the same day in the aforesaid church, in the first year of the reign of Edward
the present King. And this the said William knows because he married Edith,
his wife, in the week in which the aforesaid John was baptized; and this he
knows well, that so much time has elapsed.
Richard, son of Richard de Wenloke, forty-four years of age, sworn and
examined as to the age aforesaid, says that the aforesaid John was twenty-one
years of age on the Saturday next after the Feast of St. Mathew the Apostle,
last past, because he was born at Scheynton on the aforesaid Saturday, and
baptized on the same day in the aforesaid church, in the first year of the
reign of Edward the present King. And this he knows, because Johanna, mother
of the aforesaid Richard, was buried on the day the said John was born, and
therefore he knows well, that so much time has elapsed.
David de Drayton, fifty-four years of age, sworn and examined as to the
age aforesaid, says that the aforesaid John was twenty-one years of age on the
Saturday next after the Feast of St. Mathew the Apostle, last past, because he
was born at Scheynton on the aforesaid Saturday, and baptized on the same day
in the aforesaid church, in the first year of the reign of Edward the present
King. And this the said David knows, because with others his neighbours, he
set out on a journey to Ireland in that year.
William le Spencer, sixty years of age, sworn and examined as to the age
aforesaid, says that the aforesaid John was twenty-one years of age on the
Saturday next after the Feast of St. Mathew the Apostle, last past, because he
was born at Scheynton on the aforesaid Saturday, and baptized in the aforesaid
church, in the first year of the reign of Edward the present King. And this
he knows, and agrees with the aforesaid David on all points.
Walter le Spencer, sixty years of age, sworn and examined as to the age
aforesaid, says that the aforesaid John was twenty-one years of age on the
Saturday next after the Feast of St. Mathew the Apostle, last past, because he
was born at Scheynton on the aforesaid Saturday, and baptized in the aforesaid
church, in the first year of the reign of Edward the present King. And this
he knows, because in that year he was in Ireland with the aforesaid David.
Alan de Halughton, forty-two years of age, sworn and examined as to the
age aforesaid, says that the aforesaid John was twenty-one years of age on the
Saturday next after the Feast of St. Mathew the Apostle, last past, because ho
was born at Scheynton on the aforesaid ((Page 436)) day, and baptized in the
aforesaid church, in the first year of the reign of Edward the present King.
And this he knows, because in that year he appeared before the Coroner of the
Lord King at Wenlock.
John de Chester, forty-three years of age, sworn and examined as to the
age aforesaid, says that the aforesaid John was twenty-one years of age on the
Saturday next after the Feast of St. Mathew the Apostle, last past, because he
was born at Scheynton on the aforesaid Saturday, and baptized in the aforesaid
church, in the first year of the reign of Edward the present King. And he
agrees with the aforesaid Alan on all points.
Richard Wyvel, forty-two years of age, sworn and examined as to the age
aforesaid, says that the aforesaid John was twenty-one years of age on the
Saturday next after the Feast of St. Mathew the Apostle, last past, because he
was born at Scheynton on the aforesaid Saturday, and baptized in the aforesaid
church, in the first year of the reign of Edward the present King. And this
he knows, because in the year in which the said John was born he was in the
service of Hugh, lord of Scheynton.
Richard Crescet, forty-five years of age, sworn and examined as to the
age aforesaid, says that the aforesaid John was twenty-one years of age on the
Saturday next after the Feast of St. Mathew the Apostle, last past, because he
was born at Scheynton on the aforesaid Saturday, and baptized in the aforesaid
church, in the first year of the reign of Edward the present King. And this
the said Richard knows, because, at the time the said John was born, he was
chamberlain to the mother of the aforesaid John.
In testimony whereof the aforesaid jurors have affixed their seals to
this proof. Dated the day and year aforesaid.
On 26th of November 1360, a writ "ad diem suum clausit extremum" was
issued, by reason of the death of Alianora, widow of John Giffard of Weston
Underegge. There were two Inquisitions taken on this occasion.
1. At Malmesbury, Co. Wilts, on 21st December. It states that she held
jointly with John Giffard, her late husband, the manor of Shereston, in that
county, of John Tybetoft, knight, by the service of a knight's fee and suit of
court at his manor of Castelcombe. This document is written in a pale ink,
and ends:- "Et dicunt quod praedicta Alianora obiit die Martis, in vigilia
Sanctae Katerinae ultimo praeterita. Et quod Elizabetha, filia praedictorum
Johannis Giffard et Alianorae defunctae, aetatis novem annorum et amplius, est
eorum haeres propinquior."
((Page 437))
2. Inquisicio facta apud Ichulle, in comitatu Suthamptoniae, xj die
Decembris, anno regni Regis Edwardi tercii post conquestum Angliae tricesimo
quarto (1360), coram Johanne de Estbury, escaetore domini Regis. The rest is
almost totally obliterated by gall stains, smeared across nearly half of the
entire document; and what is left untouched is in a very pale ink, much rubbed
and soiled, so that no satisfactory copy can be made, and it would take a
great amount of time even to attempt to make a copy of what is readable of the
disconnected portions. It contained the usual particulars as to the manor of
Ichulle with its extent, and entries relating to Eweshot and Cove. Among the
portions that can be deciphered:- Item sunt....... in villata de Iweshete vij
virgatarii nativi, quorum redditus et servicia valent per annum....... Item
sunt in villata de Cove ij virgatarii, quorum redditus et servicia........ It
ends with the same words as the Wiltshire inquisition:- And they say, that the
aforesaid Alianora died on Tuesday, the vigil of St. Katherine, last past
(24th November, 1360). And that Elizabeth, daughter of the said John Giffard
and Alianora, deceased, of the age of nine years and more, is their nearest
heir. At the foot of the skin is written:- Summa xxxijli. vs. ob. qua.{1. In
1352. the escheator of the county of Berks was ordered to take into the King's
hands the lands and tenements belonging to the manor of Buckland, - "eo quod
Johannes atte Putte de Bereham adquisivit dicta terras et tenementa de
Alianora, quae fuit uxor Johannis Giffard, chivaler, parcellam manerii de
Bokeland," without the King's licence. He afterwards paid a fine of 6s. 8d.
to the crown for the royal pardon, and reseisin of these lands, viz., four
messuages and four virgates of land. worth 20s. yearly. - Inq. p. m. 26, Edw.
III, 1st Nos., No. 66; et Rot. Orig. 26, Fdw. III, Rot. 22.}
Inquis. post mortem, 34 Edw. III, 1st Nos., No. 74.
Grant by King Edward III to William de Edyndon, Bishop of Winchester, of
the lands and tenements belonging to Elizabeth Giffard, during her minority.
((10 DECEMBER, 1360.)) REX omnibus ad quos, etc., salutem. Sciatis quod
concessimus, pro nobis et haeredibus nostris, venerabili patri Willelmo ((de
Edyndon)), Episcopo Wyntoniensi, custodiam omnium terrarum et tenementorum, cum
pertinenciis, quae Alianora quae fuit uxor Johannis Giffard de Westone
Underegge, defuncta, tenuit in dotem seu alias, ad terminum vitae suae, in
Ichulle in comitatu Suthamptoniae, et Sherestone in comitatu Wyltesirae, et
alibi infra regnum nostrum, de haereditate Elizabethae, filiae et haeredis
praedicti Johannis, defuncti, qui de nobis tenuit in capite; et quae, per
mortem ejusdem Alianorae, et racione minoris aetatis praedictae haeredis, in
manu nostra existunt. Habendum eidem Episcopo et assignatis suis cum omnibus
ad custodiam illam spectantibus, usque ad legitimam aetatem haeredis
praedictae, una cum exitibus inde a tempore mortis praedictae Alianorae
perceptis. ((Page 438)) Reddendo inde nobis per annum extentam inde factam, vel
faciendam; unam, videlicet, medietatem ad festum Sancti Michaelis, et aliam
medietatem ad festum Paschae, primo termino incipiente ad festum Sancti
Michaelis, proximum futurum. In cujus rei, etc. Teste Rege apud
Westmonasterium, x die Decembris.
E. Rotulo Originalium, 34 Edwardi III, m. 9.
10 DECEMBER, 1360. The King to all to whom these presents shall come
sends greeting. Know ye that we have granted, for ourselves and our heirs, to
the venerable father, William de Edyndon, Bishop of Winchester, the custody of
all the lands and tenements, with their appurtenances, which Alianora, late
the wife of John Giffard, of Weston Underegge, deceased, held in dower or
otherwise, for the term of her life, in Ichulle, in the county of Southampton,
and at Sherston, in the county of Wilts, and elsewhere within our realm, of
the inheritance of Elizabeth, daughter and heir of the aforesaid John,
deceased, who held of us in chief; and which, by the death of the said
Alianora, and by reason of the minority of the aforesaid heir, are in our
hands. To hold to the said Bishop and his assigns, with all things to the
said wardship belonging, until the lawful age of the aforesaid heir, together
with all issues received therefrom from the time of the death of the aforesaid
Alianora. Paying therefor, by the year, the extent thereof made, or to be
made; to wit - one moiety at the Feast of St. Michael, and the other moiety at
the Feast of Easter; the first term beginning at the Feast of St. Michael next
ensuing. In testimony whereof, etc. Tested by the King, at Westminster, on
the 10th day of December.
On the 3rd of November, 1361, Elizabeth Giffard, daughter and heir of
John Giffard, deceased, died under age and in wardship. The Inquisitions taken
shortly afterwards show that she inherited the manors of Weston and Norton, in
Gloucestershire, the manor of Sherston, in Wiltshire, and the manor of
Ichulle, in Hampshire. The Hampshire Inquisition, taken at Ichulle, is not
only written in ink which has become very pale, but the parchment itself is so
rubbed and injured that no copy can be made of it, nor can the date on which
it was held be deciphered. The extent of the manor of Ichulle was set out at
length; also, the particulars as to certain lands and tenements in Eweshot and
Cove. It ends:-
Et dicunt quod praedicta Elizabetha obiit tercio die Novembris ultimo
preterito. Et quod Johannes Giffard, filius Willelmi Giffard, fratris
Johannis Giffard, avi praedictae Elizabethae, aetatis xxx annorum et amplius,
est haeres ejus propinquior.
Inquisicio post mortem, 35 Edw. III, p. i, No. 91.
((Page 439))
Translation:-
And they say that the aforesaid Elizabeth died on the third day of
November, last past.{1. The Writs are dated at Westminster the 8th of
November, 35 Edw. III (1361).} And that John Giffard, son of William Giffard,
brother of John Giffard, who was grandfather of the aforesaid Elizabeth, of
the age of 30 years and more, is her nearest heir.
Licence granted by William de Wykeham, Bishop of Winchester, to Sir John
Gyffard, knight, to enlarge his park at Itchel.
((8 NOVEMBRIS, 1379. Confirmacio licenciae concessae domino Johanni
Gyffard, per dominum Wyntoniensem Episcopum, ad amplificandum parcum suum apud
Ichulle.)) OMNIBUS Christi fidelibus ad quos praesens scriptum pervenerit Hugo
((de Basynge)), Prior ecclesiae Sancti Swithuni Wyntoniae, et ejusdem loci
conventus, salutem in Domino. Noveritis me inspexisse cartam indentatam,
inter Reverendum patrem et dominum, dominum Willelmum de Wykeham, Episcopum
Wyntoniensem, ex parte una, et Johannem Gyffard, militem, dominum manerii de
Ichulle in comitatu Suthamptoniae, ex parte altera, confectam, de quodam bosco
manorii de Ichulle praedicti, et quibusdam terris et pasturis eidem bosco
contiguis, fossato, haia, vel palacio claudendis, et parcum inde faciendum, in
haec verba, - HAEC indentura facta apud Altam Cleram, die Jovis proxima post
festum Paschae ((17 Aprilis)), anno regni Regis Edwardi tercii post Conquestum
quinquagesimo ((A.D. 1376)); inter venerabilem patrem Willelmum Wykeham,
Episcopum Wyntoniensem, ex parte una, et Johannem Gyffard, militem, dominum
manerii de Ichulle in comitatu Suthamptoniae, quod idem Johannes de praefato
Episcopo, ut de jure episcopatus sui, per certa servicia tenet, infra metas et
bundas chaciae ipsius Episcopi de Croundale, ex altera, - testatur quod
praedictus Episcopus concessit et licenciam dedit specialem, pro se et
successoribus suis, eidem Johanni, quod ipse quondam boscum suum manerii sui
praedicti et quasdam terras et pasturas eidem bosco contiguas, fossato, haia,
vel palacio claudere possit et parcum inde facere; habere sibi et haeredibus
suis et tenere, et feras in eodem parco ponere et optinere infra chaciam
ipsius Episcopi supradictam. Pro quibus, quidem, concessione et licencia, in
forma praedicta habenda, praedictus Johannes concessit pro se, haeredibus vel
assignatis suis, eidem Episcopo et successoribus Wyntoniensibus Episcopis, ad
solvendum et reddendum eidem Episcopo et successoribus suis, in Castro suo de
Farnham, in festo Sancti Petri quod dicitur ad Vincula ((1 Augusti)), annuatim,
unum arcum bonum, novum, competentem, decentem, et sufficientem, cum corda
competenti, et sex sagittas barbatas, novas, competentes, et ((Page 440))
sufficientes, cum pennis pavonum bene pennatas ; et similiter inter primum
diem Decembris et primum diem Februarii, quolibet anno, unam damam competentem
de praedicto parco, cum idem Johannes, haeredes vel assignati sui, per
ministros ipsius Episcopi vel successorum suorum ad hoc faciendum
racionabiliter fuerint praemuniti: ita quod idem Johannes, haeredes vel
assignati sui, praedictam damam ad proprios sumptus suos capiant, et ad
praedictum Castrum de Farnham mittant ibidem ministris ipsius Episcopi
liberandam. Et, si contingat quod praedicti arcus cum corda, sagittae, et
dama aretro fuerit vel fuerint, in parte vel in toto, ad diem vel tempus
praedictum, seu defectus aliqualis, impedimentum, vel contradiccio in
praedicto Johanne, haeredibus vel assignatis suis, contra formam praesentis
indenturae imposterum reperiatur, praedictus Johannes vult et concedit per
praesentes, pro se et hieredibus vel assignatis suis, quod tunc bene liceat
eidem Episcopo et successoribus suis in manerio suo de Ichulle distringere per
ministros et deputatos suos, et districciones sic captas fugare, abducere, et
retinere, quousque eidem Episcopo vel successoribus suis plene fuerit inde,
juxta formam praesentis indenturae satisfactum, in quorumcumque manus idem
manerium de Ichulle imposterum contigerit devenire. In cujus rei testimonium
uni parti hujus indenturae, penes praedictum Johannem remanenti, praedictus
Episcopus sigillum suum apposuit alteri, vero, parti ejusdem indenturae, penes
praedictum Episcopum remanenti, praedictus Johannes sigillum suum apposuit.
Hiis testibus, dominis Johanne Foxle, Bernardo Brocas, et Raduipho Nortone,
militibus; Henrico Sturmy, Thoma Byflete, Johanne Bremsshete, Thoma le
Warenner, Johanne atte Berghe, et aliis. Datum die, anno, et loco,
supradictis. Quam, quidem, cartam, concessioneni, et licenciam ipsius
Episcopi in ea parte factam, ac omnia alia in eadem carta contenta,
approbamus, ratificamus, et confirmamus. Salvis semper nobis et
successoribus nostris, Prioribus ecclesiae Wyntoniae, chaciis nostris in
manerio nostro de Cruiidale, sicut praedecessores nostri ab antiquo et de jure
eas habere consueverunt. In quorum omnium testimonium nos, praedicti Prior et
conventus, praesentibus sigillum nostrum commune apposuimus. Datum in domo
nostra capitulari Wyntoniae, octavo die mensis Novembris, anno domini
Millesimo tricesimo septuagesimo nono, et anno regni Regis Ricardi secundi
post conquestum tercio.
E Registro penes Decanum et Capitulum Wintoniae. Tom. I, fol. 3.
Translation:-
8 NOVEMBER, 1379. Confirmation of the licence granted to Sir John
Gyffard by the Bishop of Winchester, to extend the park at Ichulle. To ALL the
faithful of Christ to whom the present writing shall come Hugh ((Page 441)) ((de
Basynge)), prior of the Church of St. Swithun's, Winchester, and the convent of
tile same place, send greeting in our Lord. Know ye, that I have inspected an
indented charter, made between the Reverend Father and lord, the lord William
de Wykeham, Bishop of Winchester, of the one part, and John Gyffard, knight,
lord of the manor of Ichulle, in the county of Southampton, of the other part,
concerning the enclosing of a certain wood on the aforesaid manor of Ichulle,
and certain lands and pastures contiguous to the said wood, with a ditch,
hedge, or paling, and for making a park therein, as follows, - THIS Indenture,
made at Highclere, on the Thursday nearest after the feast of Easter ((17th
April)), in the fiftieth year of the reign of King Edward the Third after the
Conquest ((A.D. 1376)), between the Venerable Father William Wykeham, Bishop of
Winchester, of the one part, and John Gyffard, knight, lord of the manor of
Ichulle, in the county of Southampton, which the said John holds of the
aforesaid Bishop as of the right of his bishopric, by certain services, within
the metes and bounds of the said Bishop's chase of Croundale, of the other
part, testifies that the aforesaid Bishop has granted and given a special
licence, for himself and his successors, to the said John, to enclose a
certain wood on his aforesaid manor and certain lands and pastures contiguous
to the said wood, with a ditch, hedge, or paling, and to make a park thereof,
to have and to hold, for himself and his heirs; and to procure and place wild
animals in the said park, within the Bishop's aforesaid chase. To obtain which
grant and licence in the aforesaid form, the aforesaid John undertook for
himself, his heirs or assigns, to pay and render to the said Bishop, and to
his successors, the Bishops of Winchester, at their Castle of Farnham, yearly,
on the feast of St. Peter called Ad Vincula ((1st August)), a good bow, new,
competent, comely, and sufficient, with a suitable string, and six barbed
arrows, new, competent, and sufficient, well winged with peacock feathers :
and in like manner, between the first day of December and the first day of
February in each year, a competent fallow deer from the aforesaid park, when
the same John, his heirs or assigns, shall be reasonably called upon to do so,
by the servants of the Bishop or his successors; so that the said John, his
heirs or assigns, shall capture at their own cost the aforesaid fallow deer
and send it to the Castle of Farnham, there to be delivered to the Bishop's
servants. And, if it happen that the aforesaid bow, with its string, the
arrows, and the fallow deer shall be in arrear, in part or entirely, at the
day or time aforesaid, or any default, hindrance, or gainsaying shall be
found, hereafter, in the aforesaid John, his heirs or assigns, contrary to the
form of the present indenture, the aforesaid John wills and grants by these
presents, for himself and his heirs or assigns, ((Page 442)) that then, it shall
be fully lawful for the said Bishop and his successors, by their servants and
deputies, to distrain upon his manor of Ichulle, and the distraints, so taken,
to drive, take away, and retain until satisfaction shall have been fully made
therein to the said Bishop or his successors, according to the form of the
present indenture, into whosesoever hands the said manor of Ichulle may happen
hereafter to come. In testimony whereof to one part of this indenture,
remaining in the hands of the aforesaid John, the aforesaid Bishop has set his
seal, and to the other part of this indenture, remaining in the hands of the
aforesaid Bishop, the aforesaid John has set his seal. These being witnesses,
- Sir John Foxle, Sir Bernard Brocas, and Sir Ralph Norton, knights; Henry
Sturmy, Thomas Byflete, John Bremsshete, Thomas le Warenner, John atte Berghe,
and others. Dated the day, year, and place aforesaid. And this charter, grant,
and licence of the said Bishop, made on that behalf, and all the other things
in the said charter contained, we approve, ratify, and confirm. Saving always
to ourselves and our successors, the Priors of the Church of Winchester, our
right of chase in our manor of Crundale, as our predecessors, from ancient
time and of right, have been wont to enjoy them. In testimony of all these
things, We, the aforesaid Prior and convent, have set our Common Seal to these
presents. Given in our Chapter House, at Winchester, on the eighth day of the
month of November, in the year of our Lord one thousand three hundred and
seventy-nine, and in the third year of the reign of King Richard, the second
after the Conquest.
In the following year the Bishop brought an action for trespass against
Sir John Giffard, in the King's Court, on account of his having entered the
chase and warren, belonging to the Bishop, at Crundale, and, without his
licence and will, had chased, captured, and carried away divers hares, conies,
pheasants, and partridges from the aforesaid warren; to the damage and injury
of the said Bishop to the extent of #500. Sir John Giffard's attorney
thereupon pleaded that the said village of Crundale, and the several other
villages and hamlets, were situated within the hundred of Crundale, and that
the said hundred contained in length about eight miles, and in breadth about
five miles, and that it adjoined the King's forest of Windsor, being in
Hampshire. Also, that the said hundred of Crundale, together with many other
lands around it, after the coronation of King Henry II, were afforested and
annexed to the forest aforesaid, and called the Bailiwick of Baggeshot; and
((Page 443)) afterwards King Henry III, in the ninth year of his reign (A.D.
1225), by the advice of the common council of his realm, granted, and by his
charter confirmed, that all woods and lands which were afforested after the
coronation of the said King Henry, his grandfather, should be disafforested,
unless it should be a demesne wood belonging to the King: and that the said
lands were disafforested, and that the defendant and his ancestors had always
been accustomed to hunt there, without let or hindrance from the Bishop or his
predecessors. Judgment, however, was given in favour of the Bishop, with
damages assessed at #20.
Extracts from an Inquisition, taken at Odiham, on 9th February, 1418-9,
on the death of John Berewe, of Stapeley, in the parish of Odiham.
Item, ((juratores)) dicunt quod praedictus Johannes fuit seisitus in
dominico suo, ut de feodo, die quo obiit, de uno mesuagio et una carucata
terrae, cum pertinenciis, in Iweschot, quae valent per annum in omnibus
exitibus juxta verum valorem eorundem, ultra reprisas, xviijs. Et quod
mesuagium et terra praedicta tenentur de Johanne Southworthe et Maria uxore
ejus, ut de jure ipsius Mariae, de manerio suo de Ichelle, in socagio, per
servicium reddendi quolibet anno dictis Johanni et Mariae, ad festum Sancti
Michaelis, iiijs. Item, dicunt quod praedictus Johannes fuit seisitus in
dominico suo, ut de feodo, die quo obiit, de sex denariatis annui redditus
exeuntis de quadam parcella terrae inclusa, cum pertinenciis; et quod........
tenetur de Priore Wyntoniae, sed per quod servicium dicti juratores ignorant.
Item, dicunt quod praedictus Johannes obiit die Jovis proxima ante festum
Epiphaniae Domini ultimo praeteritum ((5 Januarii, 1418-9)). Et quod Johannes,
filius Johannis, filii praedicti Johannis Borewe, in dicto brevi nominati, est
consanguineus et propinquior haeres ejusdem Johannis Berwe in eodem brevi
nominati, et fuit aetatis viginti et amplius in festo Sanctae Margaretae,
Virginis, ultimo praeterito ((20 Julii)).
Inquisicio post mortem, 6 Hen. V, No. 51.
Translation:-
Also, the jurors say that the aforesaid John ((Berewe)) was seized in his
demesne, as of the fee, on the day he died, of a messuage and one carucate of
land, with appurtenances, in Iweschot (Eweshot), which are worth by the year,
in all issues, according to their true value, 18s., besides reprises. And
that the aforesaid messuage and land are held ((Page 444)) of John Southworthe
and Mary his wife, as of the right of the said Mary,{1. This lady appears to
have held the manor in dowry, as the widow of one of the Giffards, and
afterwards married to John Southworthe. In a list of landowners. drawn up in
1412, he is called Edward Southworthe:- "Edwardus Southworthe habet maneriunm
de Ichulle, quod valet per annum, ultra reprisas, xxli."} of her manor of
Ichelle, in socage, by the service of paying every year to the said John and
Mary, at the feast of Saint Michael, 4s. Also they say that the aforesaid
John was seized in his demesne, as of the fee, on the day he died, of six
pence of yearly rent arising from a parcel of enclosed land, with
appurtenances; and that the said enclosed land is held of the Prior of
Winchester, but by what service the said jurors know not. Also, they say that
the aforesaid John died on the Thursday nearest before feast of the Epiphany
of our Lord, last past (5th January, 1418-9). And that John, the son of John,
the son the aforesaid John Berewe named in the said writ, is the kinsman and
nearest heir to the John Berwe named in the said writ, and was the age of
twenty years and more, on the feast of Saint Margaret, the Virgin, last past
(20th July, 1418).{2. There is also extant an Inquisition, taken at
Stapeleghe, on the 24th July, 1351, on the death of his ancestor, John atte
Berwe; which states that he held at Iweshute, of the manor of Ichulle, 30
acres of land, which were worth nothing yearly, beyond reprises, because it
lies barren and unploughed; by the service of 3s., payable yearly to John
Giffard, lord of the aforesaid manor of Ichulle. The said John atte Berwe
died on the 18th July, 1351 and John, the son of Robert atte Berwe, was his
nearest heir, and of the age of eleven years and four months. The heir thus
named is, no doubt, the John Berewe of the later Inquisition. Inq. p.m., 25
Edw, III, 1st Nos. 49.}
John Giffard, who is mentioned as holding the manor of Itchel and Cove in
1428 and 1431,{3. See pages 38 and 39.} died on the 10th June, 1444. The
Inquisition taken upon his death with respect to his Hampshire property has
disappeared; but the one relating to his Gloucestershire estates is still
extant. It was taken at Gloucester on 24th July, 1444, and records that he
held the manor of Norton Underegge by grant of John Throckmorton and John
Rous, as appeared by a fine levied at Westminster in Trinity Term, in the 19th
year of Henry VI,{4. A.D. 1441. In this year Trinity Term commenced on 21st
June and ended on 12th July.} whereby the said manor was settled upon him for
life, and after his death it was to remain to Robert Gyffard and Johanna his
wife, for their respective lives, and then to the heirs of their bodies, and,
in default of such heirs, to the right heirs of the said John Gyffard. The
Inquisition also certifies that he died on 10th June, 1444, and that Robert
Gyffard was the son and nearest heir of the said John Gyffard, and of the age
of twenty-six years and more.{5. Inquiscio post mortem, 22 Hen. VI, No. 37.}
((Page 445))
His son, Robert Gyffard, Esquire, died on the 3rd August, 1446. The
Gloucestershire Inquisition, held upon his death, is the only one extant, It
records that the manor and advowson of the church of Weston-under-Egge, and
the manor of Norton-under-Egge, were held by the said Robert Gyffard and
Johanna his wife, jointly, by virtue of a grant made by John Throckmorton and
John Rous, and a fine thereupon levied at Westminster on 26th May. 1441. It
also states that the said Johanna survived her husband, who had died without
issue, and that John Gyffard, his brother, was his nearest heir, and of the
age of seventeen years.{1. Inquisicio post mortem, 25 Hen. VI, No. 12. The
Inquisition was taken at Gloucester on 2nd November, 1446. He, also, held a
messuage and a carucate of land at Stonehouse, of William, Earl of Arundel.}
An Inquisition, taken in obedience to a writ- "ad diem suum clausit
extremum," dated at Westminster on the 4th May, 1478, by reason of the death
of Johanna, who was the wife of Sir John Marney, knight, and previously
married to Robert Giffard, and also to ------ Barantyne.
((8 OCTOBRIS, 1478.)) Inquisicio capta apud Wyntoniam, in comitatu
Suthamptoniae, octavo die monsis Octobris, anno regni Regis Edwardi quarti
post conquestum Angliae decimo octavo, coram Johanne Boteler, armigero,
Escaetore dicti domini Regis, in comitatu praedicto, virtute cujusdem brevis
domini Regis eidem Escaetori directi, et huic Inquisicioni consuti; per
sacramentum Ingelrami More, armigori, Johannis Romesey, armigeri, Willelmi
Dale, armigeri, Wlllelmi Balam, Johannis Bole, Willelmi Holcombe, Roberti
Kelynge, Roberti Richeman, Johannis Tygale, Johannis Gregorye, Edwardi
Churcher, et Johannis Janyver. Qui dicunt, super sacramentum suum, quod quidam
Johannes Trokmarton et Johannes Rous fuerunt seisiti in dominico suo, ut de
feodo, de uno mesuagio et quadraginta acris terrae, cum pertinenciis, in Cove,
in dicto comitatu Suthamptoniae, et sic inde seisiti per cartam suam,
juratoribus praedictis super capcione hujus Inquisicionis ostensam, dederunt
et concesserunt mesuagium et terram illa, cum suis pertinenciis, Roberto
Gifford; in dicto brevi nominato, et Johannae Marney quae fuit uxor Johannis
Marney, militis, similiter in dicto brevi nominatae, tunc uxori ejusdem
Roberti Gifford. Habendum et tenendum mesuagium et terram praedicta, cum suis
pertinenciis, praefatis Roberto et Johannae, et haeredibus de corporibus eorum
legitime procreatis. Et, si iidem Robertus et Johanna obierint sine haerede
de corporibus eorum legitime procreato, tunc, post decessum ipsorum Roberti et
Johannae, eadem mesuagium et terra, cum ((Page 446)) suis pertinenciis,
remanerent Johanni Gifford, patri praedicti Roberti, et Matildae uxori ejus,
et hieredibus masculis de corpore ipsius Johannis legitime procreatis. Et, si
idem Johannes Gifford obierit sine herede masculo de corpore suo procreato,
tunc, post decessum ipsorum Johannis et Matildae, eadem mesuagium et terra,
cum suis pertinenciis, remanerent rectis haeredibus ejusdem Johannis Gifford.
Virtute quorum doni et concessionis praedicti Robertus et Johanna uxor ejus
fuerunt seisiti de mesuagio et terra illis, cum suis pertinenciis, in dominico
suo, ut de feodo talliato; et idem Robertus de tali statu inde obiit seisitus,
sine haerede de corpore suo procreato; et praedicta Johanna ipsum supervixit,
et se tenuit in eisdem mesuagio et terra, cum pertinenciis, et fuit inde sola
seisita in dominco suo, ut de feodo talliato, per formam doni praedicti, et
postea de tali statu inde obiit seisita. Post cujus mortem eadem mesuagium et
terra, cum pertinenciis suis, remanerent et remanere deberent Johanni Gifford
jam superstiti, ut consanguineo et haeredi masculo praedicti Johannis Gifford,
patris praedicti Roberti Gifford; videlicet, filio Johannis, filii praedicti
Johannis, patris praedicti Roberti virtute doni et concessionis praedicti. Et
quod eadem mesuagium et terra, cum pertinenciis, tenentur de Willelmo
((Wayneflete)), episcopo Wyntoniensi, set per quae servicia juratores praedicti
penitus ignorant; et valent per annum in omnibus exitibus suis ultra reprisas,
viginti solidos. Et ulterius dicunt iidem juratores quod praedicta Johanna,
in dicto brevi nominata, obiit die Veneris in Septimana Paschae ultimo
praeterito (27 Marcii, 1478); et quod Thomas Barantyne est filius et haeres
ipsius Johannae propinquior, et est aetatis triginta annorum et amplius. Et
quod praedictus Johannes Gifford est consanguineus et haeres praedicti
Johannis Gifford, patris praedicti Roberti, et est aetatis viginti et sex
annorum et amplius. Et quod dicta Johanna nulla tenuit alia neque plura
terras sive tenementa de domino Rege, nec de aliquo alio in dominico nec in
servicio in praedicto comitatu Suthamptoniae, dicto die quo obiit. {1. She
also held, at the time of her death. the following estates belonging to the
Giffard family. The manor of Weston-under-Edge, with the advowson of the
Church, and the manor of Norton, Co. Gloucester. The manor of Kingsey, Co.
Bucks, and Sherston-Pynkeney manor, in Wiltshire. The Gloucestershire
Inquisition was taken at Gloucester on 7th October, 1478, and gives us similar
particulars with regard to the settlement of the property, and as to the
heirs, etc., as set forth in the Hampshire Inquisition.} In cujus rei
testimonium tam praedictus Escaetor quam juratores huic Inquisicioni sigilla
sua apposuerunt die et anno supradictis.
Inquisicio post mortem, 18 Edward IV, No. 44.
Translation:-
8 OCTOBER, 1478. An Inquisition taken at Winchester, in the county of
Southampton, on the eighth day of the month of October, in the eighteenth year
of the reign of King Edward the Fourth, after ((Page 447)) the Conquest of
England, before John Boteler, esquire, the Escheator of the said lord King, in
the aforesaid county, by virtue of a certain writ of the lord King, addressed
to the said Escheator and sewed to this Inquisition; on the oath of Ingelram
More, esquire, John Romesey, esquire, William Dale, esquire, William Balam,
John Bole, William Holcombe, Robert Kelynge, Robert Richeman, John Tygale,
John Gregorye, Edward Churcher, and John Janyver. Who say, on their oath,
that a certain John Trokmarton and John Rous were seized in their demesne, as
of the fee, of a messuage and forty acres of land, with appurtenances, in
Cove, in the said county of Southampton, and, being so seized thereof, by
their charter, shown to the aforesaid jurors upon the taking of this
Inquisition, gave and granted the said messuage and lands, with their
appurtenances, to Robert Gifford, named in the said writ, and Johanna Marney,
who was the wife of John Marney, knight, named in like manner in the said
writ, and at that time the wife of the said Robert Gifford. To have and to
hold the messuage and land aforesaid, with their appurtenances, to the
aforesaid Robert and Johanna, and the heirs of their bodies, lawfully
begotten; and if the said Robert and Johanna should die without an heir of
their bodies, lawfully begotten, then, after the decease of the said Robert
and Johanna, the said messuage and land, with their appurtenances, should
remain to John Gifford, father of the aforesaid Robert, and to Matilda his
wife, and the heirs male of the body of the said John, lawfully begotten; and
if the said John Gifford shall die without an heir male of his body begotten,
then, after the decease of the said John and Matilda, the said messuage and
land, with their appurtenances, should remain to the right heirs of the said
John Gifford. By virtue of which gift and grant, the aforesaid Robert and
Johanna, his wife, were seized of the said messuage and land, with their
appurtenances, in their demesne, as of the fee tail; and the said Robert,
being of such estate, died seized thereof, without an heir of his body
begotten; and the aforesaid Johanna survived him, and she held and was seized
alone of the said messuage and land, with appurtenances, in her demesne, as of
the fee tail, by the terms of the aforesaid gift, and afterwards, being of
such estate, she died seized thereof. After whose death the said messuage and
land, with their appurtenances, should remain, and ought to remain, to John
Gifford, still surviving, as kinsman and heir-male of the aforesaid John
Gifford, the father of the aforesaid Robert Gifford; namely, to the son of
John, son of the aforesaid John, father of the aforesaid Robert, by virtue of
the aforesaid gift and grant And that the said messuage and land, with
appurtenances, are held of William ((Wayneflete)), Bishop of Winchester, but by
what services the aforesaid ((Page 448)) jurors are entirely ignorant; and they
are worth twenty shillings a year in all their issues, besides reprises. And,
moreover, the said jurors say that the aforesaid Johanna, named in the
aforesaid writ, died on the Friday in Easter week, last past (27th March,
1478); and that Thomas Barantyne is the son and nearest heir of the said
Johanna, and is thirty years of age and more. And that the aforesaid John
Gifford is the kinsman and heir of the aforesaid John Gifford, father of the
aforesaid Robert, and is of the age of twenty-six years and more. And that
the said Johanna held no other nor more lands and tenements of the lord King,
nor of any one else, in demesne or in service, in the aforesaid County of
Southampton, on the said day on which she died. In testimony whereof, as well
the said escheator as the jurors have affixed their seals to this Inquisition,
on the day and year above mentioned.
Grant by Thomas Langton, Bishop of Winchester. to John Giffard the elder,
and to his son, John Giffard the younger, of the office of the keepership of
the park and chace of Farnham.
((21 JULII, 1500.)) Custodia parci et chacae de Farnham. UNIVERSIS
praesentes literas nostras inspecturis Thomas ((Langton)), permissione divina
Wintoniensis Episcopus, salutem in Domino sempiternam. Sciatis nos de
fidelitate, diligencia, et servicio dilectorum nobis in Christo, Johannis
Gifforde senioris, et Johannis Gifforde juuioris, filii sui, nobis impensis,
ac nobis et successoribus nostris inposterum impendendis, plene confidentes,
dedisse, ordinasse, et constituisse dictos Johannem et Johannem parcarios
parci nostri vocati le old parke, et custodes chaciae nostrae de Farnham
praedicto adjacentis. Habendum, custodiendum, et occupandum officia
praedicta, bene fideliter, per se vel per unum eorum, aut per sufficientem
deputatum, vel per sufficientes deputatos suos, pro quo et quibus, nobis et
successoribus nostris respondere voluerint, aut eorum aliter respondere
voluerit, ad commoda, proficua, et honorem nostrum et successorum nostrorum,
ad terminum vitae dictorum Johannis et Johannis, et alterius eorum diucius
viventis; capiendo et percipiendo de nobis et successoribus nostris, annuatim,
sexaginta solidos et decem denarios, ad duos anni terminos usuales, pro
custodia praedicti parci et chaciae fideliter persolvendos, de exitibus et
revencionibus dominii nostri de Farnham, per manus collectorum, praepositorum,
firmariorum et aliorum quorumcumque computancium pro eisdem; una cum aliis
commoditatibus, emolumentis, et proficuis, officiis praedictis ex antiquo
quoquomodo spectantibus et pertinentibus. In cujus rei testimonium sigillum
nostrum praesentibus apposuimus. Datum in manerio nostro de Waltham Episcopi,
xxjo, die mensis ((Page 449)) Julii, Anno Domini millesimo quingentesimo, et
nostrae Translacionis anno octavo.{1. This grant was confirmed by the Prior
and Chapter of Winchester Cathedral on the 6th of November, 1500. - Tom. II,
fol. 7. // There is an undated charter, as regards the year, granted by Bishop
Richard Fox, between the years 1502 and 1506, dated the 24th of August, and
confirmed by the Cathedral Chapter on the 14th of September:- "Carta domini
Egidii Daubeny pro chacea de Crundalle," with a marginal note in a later
hand,- "Et est contra libertatem ecclesiae, ut patet in cartis Regum." Also,
another charter, dated at Bishop's Waltham, the 6th of October. 1511, granted
by the same Bishop to George Paulet, Esquire. of the office of keeper of the
chace and warren of Crundalle, for life, with a yearly payment of 30s. 5d. for
his services. is annotated in a similar manner - "Et factum hoc est contra
libertatem Priori, et Monasterii, ut patet per cartis Regum, quia praedicta
chacea est Prioris et Monasterii, et non Episcopi."}
E Registro domini, domini Thomas Langton, Wintoniensis Episcopi, Fol. 79.
Translation:-
21 JULY, 1500. The custody of the park and chace of Farnham. To all who
shall see our present letters Thomas ((Langton)), by Divine permission Bishop of
Winchester, health everlasting in our Lord. Know ye that we, fully trusting
in the fidelity, diligence, and service of our beloved in Christ, John
Gifforde the elder and John Gifforde the younger, his son, rendered to us, and
hereafter to be rendered to us and our successors have granted, ordained, and
constituted the said John and John park keepers of our park called Le olde
parke, and keepers of our chace of Farnham adjoining the aforesaid. To have,
keep, and occupy the aforesaid offices with all good fidelity, by themselves
or by one of them, or by a sufficient deputy, or by sufficient deputies, for
whom, severally, they are willing to answer, or either of them is willing to
answer, to the advantage, and profit, and honour of ourselves and of our
successors; for the term of the life of the said John and John, and of either
of them outliving the other: taking and receiving from us and from our
successors, yearly, sixty shillings and ten pence, at two of the usual terms
of the year, for keeping the aforesaid park and chace, to be faithfully paid
out of the issues and revenues of our lordship of Farnham, by the hands of the
collectors, reeves, and farmers and all others whomsoever accounting for the
same; together with the other commodities, emoluments, and profits, to the
aforesaid offices from olden time, in any manner belonging or appertaining.
In testimony whereof we have affixed our seal to those presents. Given in our
manor of Bishop's Waltham, the 21st day of the month of July, in the year of
our Lord one thousand five hundred, and the eighth year of our Translation.
Grant by the Prior and Convent of Winchester Cathedral to Sir William
Giffard, knight, of the pasture and fishery of Fleet.
((18 JANUARII, 1595-6)). Indentura Willelmi et Johannis Gyfforde, ((Page
450)) pro pastura de Flete et piscacione ejusdem. Haec indentura facta decimo
octavo die mensis Januarii, anno regni Regis Henrici Septimi vicesimo primo,
inter Dominum Thomam Sylkestede, miseracione Divina Priorem domus et Ecclesiae
Cathedralis Sancti Swithuni, Wyntoniae, et ejusdem loci Conventum, ex parte
una, et Willelmum Gifford, militem, de Ichille in Comitatu Suthamptoniae, ex
parte altera, testatur quod praedicti Prior et Conventus, eorum unanimi
assensu et consensu, tradiderunt, concesserunt, et ad firmam dimiserunt,
praefato Willelmo Gifford et Johanni Gifford, filio primogenito ejusdem
Willelmi, duo stagna vocata Fletepondes, existencia infra manerium ipsorum
Prioris et Conventus de Crundale in comitatu praedicto, una cum piscacione
eorundum, ac, eciam, quandam pasturam vocatam Le Flete, infra decennam de
Halley in Comitatu praedicto; exceptis, tamen, et omnino reservatis dicto
domino Priori et successoribus suis, aut firmariis suis de Crondale et Suttone
pro tempore existente, pastura pro bobus suis in dicta pastura in tam ampliore
modo et forma sicut in temporis retroactis habuerunt seu usu fuerunt (soliti)
habere. Habendum et tenendum dicta duo stagna cum piscacione et pastura
praedictis, exceptis praeexceptis, praefatis Willelmo Gifford et Johanni
Gifford, a die confeccionis praesencium usque ad finem et terminum
quinquaginta annorum ex tunc proximo sequencium, et plenarie complendorum.
Reddendo inde, annuatim, praefatis domino Priori et successoribus suis pro
pastura praedicta viginti tres solidos et quatuor denarios legalis monetae
Angliae, ad duos anni terminos principales, - videlicet, ad festum Paschae et
Sancti Michaelis, archangeli, equis porcionibus; et pro piscacione praedicta
centum capitales videlicet dentrices, Anglice Pykes, tenches, perches, bremes,
et rochis, ad custus dictorum Willelmi Gifford et Johannis capienda et usque
Prioratum Sancti Swithuni, Wyntoniae, tempore Quadragesimali aut inter festum
Paschae et Pentecostes, annuatim, durante termino praedicto, bene et
salubriter carianda et liberanda. Et, eciam, bene licebit tam praefatis
domino Priori et successoribus suis, quam senescallo et thesaurario suis, pro
tempore existente, tociens quociens illis placuerit, piscare cum rethibus et
cimbis dictorum Willelmi et Johannis in stagnis praedietis, et pisces ibidem
captas capere et abducere. Et, si contingat dictum redditum viginti trium
solidorum et quatuor denariorum aretro fore, in parte vel in toto, per unum
mensem post aliquod festum quo, ut praedicitur, solvi debeat, non solutum; aut
si iidem Willelmus et Johannes statum suum sive terminum praedictum in stagnis
et pastura praedictis, vel aliqua inde parcella, alicui infra praedictum
terminum tradiderit aut dimiserit; aut, si contingat dictum Willelmum et
Johannem obire infra terminum praedictum, vel si retia, machina, et cimba
ipsorum Willelmi aut Johannis sint praedictis Priori ((Page 451)) aut
successoribus vel officiariis suis negati, contra formam praedictam; aut, si
praedicti Prior aut successores sui, aut firmarii praedicti, de pastura pro
bobus suis, ut praedicitur, sint impediti aut negati, quod tunc bene licebit
praefato Domino Priori et successoribus suis in dicta duo stagna et pasturam
praedictam, cum suis pertinenciis, reintrare et dictos Willelmum Giffard et
Johannem, haeredes et executores suos inde totaliter expellere et amovere,
hiis indenturis in aliquo non obstantibus, Et ulterius, praedicti Willelmus et
Johannes volunt et concedunt per praesentes quod ipsi debent reparare pontem
vocatum Le Fletebrige inter dicto duo stagna, bene et sufficienter, per totum
terminum praedictum, sumptibus eorum propriis et expensis; preter quod dicti
dominus Prior et successores sui invenient eis grossum meremium ad
reparacionem pontis praedicti, per assignacionem officiariorum dictorum domini
Prioris et successorum suorum, - quod, quidem, meremium dictis Willelmus et
Johannes prosternet, dolabit, sarrabit et cariabit, - cum ceteris omnibus
reparacionibus quas ad dictum pontem spectare seu pertinere contigerint infra
terminum praedictum. Et, insuper, iidem Willelmus et Johannes volunt et
coucedunt praefatis Priori et successoribus suis, per praesentes, quod ipsi,
executores et assignati sui, stagna praedicta bene et sufficienter instaurata
cum generibus piscium in fine termini praedicti, aut post mortem unius eorum
ultimi decedentis dimittent. Et ad omnia et singula praemissa bene et
fideliter ex parte dictorum Willelmi Gifford et Johannis Gifford perimplenda
et observanda, idem Willelmus obligat se, haeredes et executores suos,
praefatis Priori et successoribus suis in viginti libris sterlingorum per
praesentes. Et nos, vero, praefati Thomas et Conventus, concessimus annuatim
per praesentes praefato Willelmo Gifford, durante termino praedicto, unam
togam de secta generosorum. In cujus rei testimonium uni parti hujus
indenturae, penes praefatum Willelmum remanenti, praedicti Prior et Conventus
sigillum suum commune apposuerunt: alteri, vero, parti, penes praefatos
Priorem et Conventum remanenti, sigillum praedicti Willelmi est appensum.
Datum in domo nostra Capitulari, die et anno supradictis.
E Registro Communis Sigilli Prioratus Sancti Swithuni, Tom. II. fol. 40.
Translation:-
18 JANUARY, 1505-6. The Indenture of William and John Gyfforde, for the
pasture of Flete and the fishery of the same. This Indenture made on the
eighteenth day of the month of January, in the twenty-first year of the reign
of King Henry the Seventh, between Thomas Sylkestede, by the Divine mercy
Prior of the House and Cathedral Church of Saint Swithun, Winchester, and the
Convent of the same place, of the one part, and William Gifford, knight, of
Ichille, in the ((Page 452)) county of Southampton, of the other part, testifies
that the aforesaid Prior and Convent, with unanimous assent and consent, have
delivered, granted, and let to farm, to the aforesaid William Giffard and John
Giffard eldest son of the said William, the two ponds called Flete pondes,
existing within the manor of Crundale, in the county aforesaid, belonging to
the said Prior and Convent, together with the fishery of the same, and also a
certain pasture, called Le Flete, within the tithing of Halley (Hawley), in
the county aforesaid. Excepting nevertheless, and altogether reserving to the
said lord Prior and his successors or to their farmers of Crundale and Sutton
for the time being, pasture for their oxen in the said pasture, in as full a
manner and fashion as they have enjoyed in past times, or were accustomed to
have. To have and to hold the said two ponds with the fishery and pasture
aforesaid, excepting the pre-excepted, to the aforesaid William Gifford and
John Gifford, from the day of the executing of these presents until the end
and term of fifty years, then next following and to be fully completed.
Rendering therefor, yearly, to the aforesaid lord Prior and his successors,
for the aforesaid pasture, twenty-three shillings and fourpence of lawful
money of England, at two of the principal terms of the year, - namely, at the
Feasts of Easter and of Saint Michael the Archangel, in equal portions; and
for the aforesaid fishery, a hundred of the fishes, to wit in English, pykes,
tenches, perches, bremes, and roches, to be caught at the costs of the said
William and John Gifford, and to the Priory of Saint Swithun, Winchester, to
be carried and delivered in a good and fresh state, yearly, in the time of
Lent or between the Feasts of Easter and Pentecost, during the aforesaid term.
And, also, it shall be lawful as well to the aforesaid lord Prior and his
successors as to their steward and treasurer, for the time being, as often as
they shall please, to fish with the nets and boats of the said William and
John in the aforesaid ponds, and to take and carry away the fish captured
there. And, if it shall happen that the said rent of twenty-three shillings
and fourpence shall be in arrear, in part or entirely, and not paid for a
month after any Feast on which it ought to be paid as above mentioned; or if
the said William and John shall grant or demise to anyone their aforesaid
estate or term in the aforesaid ponds and pasture, or any parcel thereof,
within the aforesaid term; or if it shall happen that the said William and
John die within the aforesaid term; or if the nets, tackle, and boats of the
said William or John shall be denied to the aforesaid Prior or his successors
or officers, contrary to the terms aforesaid; or if the aforesaid Prior or his
successors, or the aforesaid farmers, shall be kept from or denied pasture for
their oxen as above-mentioned, then it shall be fully lawful for the aforesaid
lord Prior and his successors ((Page 453)) to re-enter upon the said ponds and
the aforesaid pasture, with their appurtenances, and therefrom totally to
expel and remove the said William Gifford and John, their heirs and executors,
these Indentures, in any manner, notwithstanding. And, moreover, the
aforesaid William and John will and grant, by these presents, that they are
bound to repair the bridge called Le Fletebrige, between the said two ponds,
well and sufficiently, during the whole of the aforesaid term, at their own
proper costs and expense, except that the said lord Prior and his successors
shall find them the balk timber for the repair of the aforesaid bridge, by the
assignment of the officers of the said lord Prior and his successors, - which
timber, indeed, the aforesaid William and John shall fell, hew, saw, and
carry, - with all other repairs which shall chance to concern or relate to the
said bridge, within the aforesaid term. And, moreover, the said William and
John will and grant to the aforesaid Prior and his successors, by these
presents, that they, their executors and assigns, will give up the aforesaid
ponds well and sufficiently stocked with all kinds of fish at the end of the
aforesaid term, or after the death of the one of them dying last. And to the
end that all and singular the premises be fully performed and observed, the
said William, by these presents, binds himself, his heirs and executors, in
twenty pounds sterling, to the aforesaid Prior and his successors. And we, on
the other hand, the aforesaid Thomas and the Convent, grant yearly, by these
presents, to the aforesaid William Gifford, during the aforesaid term, a gown
of the gentlemen's suit. In testimony whereof to the one part of these
indentures, remaining in the possession of the aforesaid William, the
aforesaid Prior and Convent have set their common seal; and to the other part,
remaining in the possession of the aforesaid Prior and Convent, has been set
the seal of the aforesaid William. Given in our Chapter house, on the day and
year above mentioned.{1. John Giffard having died in his father's lifetime,
another lease of the two ponds called "Flete Pondes, una cum piscacione
eorundem, ac eciam quandam pasturam vocatam le Flete, infra decennam de
Halley," was granted to Richard Giffard (second son of Sir William Giffard) by
an Indenture worded in a similar manner to the above in all respects, except
that it was made on the 26th of November, 1528 (20 Hen. VIII) :- "Inter
dominum Henricum Broke, miseracione Divina Priorem domus ecclesiae cathedralis
Sancti Swithuni Wyntoniae, et ejusdem loci Conventum ex parte una; et Ricardum
Gyfford ex parte altera" and for the term of thirty years, from the 29th of
September last past. - Ibid II, fol. 123.}
Grant by the Prior and Convent of Winchester Cathedral to Sir William
Giffard, knight, of a piece of land and wood called Carlewood, for the
enlargement of Itchel Park.
((29 OCTOBRIS, 1509.)) Indentura Willelmi Gifforde concessa de quadam
parcella terrae et bosci vocata Carlewode, quae modo includitur in parco suo
de Ichylle, pro termino octoginta novem annorum. Haec Indentura facta ((Page
454)) vicesimo nono die Octobris, anno regni Regis Henrici Octavi primo; inter
dominum Thomam Sylkestede, Priorem domus et ecclesiae Cathedralis Sancti
Swithuni, Wintoniae, et ejusdem loci Conventus, ex parte una, et Willelmum
Gyfford, de Ichylle in Comitatu Suthamptoniae, militem, et Johannem Gyfford,
filium et haeredem apparentem ejusdem Willelmi, ex parte altera, testatur quod
praedicti Prior et Conventus ex eorum unanimi assensu et consensu tradiderunt,
concesserunt et ad firmam dimiserunt praefatis Willelmo Gyfford, et Johanni
Gyfford, ad elargacionem parci praedicti Wiltelmi, de Ichille praedicta, unam
peciam sive parcellam cujusdam bosci praedicti domini Prioris, vocatam
Carelewode (sic.), jacentem infra dominium dicti Prioris de Crundalle in
Comitatu praedicto. Quae, quidem, pecia terrae et bosci est adjacens juxta
parcum praedicti Willelmi, de Ichille praedicta, in parte orientali ejusdem
parci. Et praedicta pecia terrae et bosci continet in longitudine, sicut
parcum praedictum ante hanc concessionem inclusum fuit, septuaginta et sex
perticatas terrae; et in latitudine, in parte australi ejusdem parci, continet
tresdecim perticatas et quinque pedes, et in latitudine in parte boriali,
videlicet a parco praedicto usque ad Carlewode praedictam modo crescente
quindecim perticatas et sex pedes; et sic per testimacionem praedicta pecia
terrae et bosci continet in toto centum septuaginta et octo perticatas in
circuitu; et, eciam, continet per aestimacionem quinque acras et dimidiam
terrae et bosci in toto. Habendum et tenendum praedictam peciam terrae et
bosci praafatis Willelmo et Johanni, et assignatis suis, a Festo Sancti
Michaelis, archangeli, ultimo praeterito ante datum supradictum, usque ad
finem termini octoginta novem annorum ex tunc proximo sequencium et plenarie
complendorum. Reddendo inde annuatim eidem domino Priori, et successoribus
suis, duos solidos benae et legalis monetae Angliae, ad Festum Sancti
Michaelis, archangeli, durante termino praedicto, solvendos. Et, si contingat
redditum praedictum duorum solidorum aretro fore, in parte vel in toto non
solutum, per spacium unius anni post dictum Festum Sancti Michaelis,
archangeli, aliquo anno termini praedicti quo solvi debeat, ex tunc bene
licebit praefatis Priori et Conventui, et successoribus suis, in praedictam
peciam terrae et bosci reintrare et dictam terram et boscum in pristino statu
suo rehabere et possidere, et praefatos Willelmum et Johannem, aut assignatos
suos, inde expellere et amovere, hiis Indenturis in aliquo non obstante. Et
ulterius praedicti Prior et Conventus concedunt et licenciam dant praefatis
Willelmo et Johanni, et cuilibet eorum, aut assignatis cujuslibet eorum,
reparare, manutenere, et sustentare, et de novo facere parcum sive palacium
modo de novo inclusum de et in pecia terrae et bosci praedicta, durante
termino praedicto, tociens quociens necesse fuerit. Et ulterius praedicti
((Page 455)) Willelmus et Johannes concedunt, pro se et haeredibus et assignatis
suis, praefatis Priori et Conventui, et successoribus suis, quod si aliquo
tempore futuro, durante termino praedicto, contingat aliquas feras aut
cuniculos exire a parco praedicto intra dominium, chaceam, sive libertatem
ejusdem Prioris et Conventus de Crundalle praedicta, {1. On the margin an
almost contemporary hand has written:- Nota paenam ferarum et cuniculorum
existencium extra parcum Willelmi Gyffarde.} quod licitum erit praefatis
Priori et Conventui, et successoribus suis ac servientibus et tenentibus suis
de Crundalle, praedictos feras sivo cuniculos, sic extra parcum praedictum
venientes, venari eos occidere, et asportare, absque aliqua perturbacione,
vexacione, implacitacione, aut impedimento praefatorum Willelmi et Johannis,
haeredum aut assignatorum suorum. In cujus rei testimonium praedicti Prior et
Conventus uni parti harum Indenturarum, penes praedictos Willelmum et Johannem
remanenti, sigillum snum commune apposuerunt; alteri, vero, parti harum
Indenturarum, penes praedictos Priorem et Conventum remanenti, praedicti
Willelmus et Johannes sigilla sua apposuerunt. Datum die et anno supradictis.
Ibid, Fol. 49b.
Translation :-
29 OCTOBER, 1509. William Gifforde's Indenture as to a certain parcel of
land and wood called Carlewood, which is now included in his park of Ichylle,
granted for a term of eighty-nine years. This indenture, made on the twenty-
ninth day of October, in the first year of the reign of King Henry the Eighth,
between the lord Thomas Sylkestede, Prior of the House and Cathedral Church of
Saint Swithun, Winchester, and the Convent of the same place, of the one part,
and William Gifford, of Ichylle, in the county of Southampton, knight, and
John Gifford, son and heir apparent of the said William, of the other part,
testifies that the aforesaid Prior and Convent, with their unanimous assent
and consent, have delivered, granted, and let to farm, to the aforesaid
William Gifford and John Gifford, for the enlargement of the park of the
aforesaid William, at Ichille aforesaid, a piece or parcel of a certain wood,
belonging to the aforesaid lord Prior, called Carlewood, lying within the
demesne of the said Prior at Crundalle, in the aforesaid county. Which said
piece of land and wood is adjoining hard by the park of the aforesaid William,
of Ichille aforesaid, on the east side of the said park. And the aforesaid
piece of land and wood corresponds in length with the aforesaid park, as
enclosed before this grant was made, and contains seventy-six perches of land;
and it contains in width, from the south side of the said park, thirteen
perches and five foot; and on the north side, namely, from the aforesaid park
as far as the aforesaid ((Page 456)) Carlewood, a width of fifteen perches and
six feet; and so, by estimation, the aforesaid piece of land and wood contains
altogether, along the boundaries thereof, a hundred and seventy-eight perches;
and it, also, contains in extent, by estimation, five and a half acres of land
and wood. To have and to hold the aforesaid piece of land and wood to the
aforesaid William and John, and to their assigns, from the Feast of Saint
Michael, the Archangel, last past, before the abovementioned date, until the
end of the term of eighty-nine years, thereafter next following and to be
fully completed; rendering therefor, yearly, to the said lord Prior and his
successors, two shillings of good and lawful money of England, to be paid at
the Feast of Saint Michael, the Archangel, during the aforesaid term. And if
it happen that the aforesaid rent of two shillings shall be in arrear, and not
paid, in part or entirely, for the space of one year after the said Feast of
Saint Michael, the Archangel, in any year of the aforesaid term in which it
ought to be paid, it shall thenceforth be fully lawful for the aforesaid Prior
and Convent, and their successors, to re-enter upon the aforesaid piece of
land and wood, and to have again and possess the said land and wood in their
original state and condition; and to expel and remove therefrom the aforesaid
William and John, or their assigns, these indentures notwithstanding in
anywise. And, moreover, the aforesaid Prior and Convent grant and give
licence to the aforesaid William and John, and to each of them, or to the
assigns of either of them, to repair, maintain, and sustain, and to make anew
the park or paling now newly enclosed, in and about the aforesaid piece of
land and wood, during the aforesaid term, as often as it shall be necessary.
And, moreover, the aforesaid William and John, for themselves and their heirs
and assigns, grant to the aforesaid Prior and Convent, and to their
successors, that if at any future time during the aforesaid term, it happens
that any wild animals or conies stray from the aforesaid park into the
demesne, chace, or liberty of the said Prior and Convent of Crundalle
aforesaid, then it shall be lawful for the aforesaid Prior and Convent, their
successors, their servants also and tenants of Crundalle, to hunt the
aforesaid wild animals or conies thus coming out of the aforesaid park, to
kill them, and carry them away, without any disturbance, vexation, impleading,
or hindrance on the part of the aforesaid William and John, their heirs and
assigns. In testimony whereof the aforesaid Prior and Convent to the one part
of these Indentures, remaining in the possession of the aforesaid William and
John, have set their common seal; while to the other part of these Indentures,
remaining in the possession of the aforesaid Prior and Convent, the aforesaid
William and John have set their seals. Dated
on the day and year above-mentioned.
((Page 457))
The following Inquisition relates to a junior member of the Giffard
family: consequently, it is only necessary to give an abstract of its contents
in English.
((2 DECEMBER, 1528.)) An Inquisition, taken at Fordingbridge, in the
County of Southampton, on the 2nd of December, 20 Henry VIII. The jurors say,
upon their oath, that John Gifford, Esquire, and Pernella his wife, deceased,
were seized, in demesne, as of the fee (in right of the said Pernella), of the
manor of Wille, with appurtenances, in the aforesaid county; and of 4
messuages, 3 cottages, 40 acres of land, 100 acres of meadow, and 30 acres of
pasture, with appurtenances, in Depenhalle, in the aforesaid county; and of a
messuage, 2 cottages, 100 acres of land, 12 acres of meadow, 16 acres of
pasture, with appurtenances, in Benstede, in the aforesaid county; also, of 5
messuages or tenements, 200 acres of land, 60 acres of meadow, and 100 acres
of pasture, and 30s. of rents, with appurtenances, in Ichille and Ichelbrigge,
in the aforesaid county; also, of a tenement called Burdelond, with
appurtenances, in the tithing of Bagshot, in the aforesaid county. And that
the said manor of Wille is held of the Archdeacon of Surrey by the rent of
25s. a year, and is worth, yearly, besides reprises, 60s. And the aforesaid 4
messuages, and the rest of the premises, with appurtenances, in Depenhalle,
are held of the Prior of the Monastery of Saint Swithun, Winchester, in right
of the aforesaid Monastery, by the rent of 26s. 6d. a year, and are worth
yearly, besides reprises, #4; and the aforesaid messuage, two cottages, and
the rest of the premises, with appurtenances, in Bensted aforesaid, are held
of William, Lord Mountjoy, by the rent of 5s. a year, and are worth yearly,
besides reprises, 40s.; and that the aforesaid tenement in Bagshot, is worth,
yearly, in all its issues, besides reprises, 40s. And, moreover, the
aforesaid jurors say that the aforesaid John Gyfford and Pernella, his wife,
were seized, in right of this Pernella, of a tenement called Cormonger's;
also, of another tenement called Perkynrede; also, of a tenement called
Chamberland; and of certain meadows called Cokemede, Romevale, Harilsgarthyn,
and Wildredes, within the tithings of Bulley and Bentley, with appurtenances,
in the County of Southampton; and the same tenements and meadows are hold to
himself and the heirs of himself....... (sic), in his own right, of the Bishop
of Winchester, by copy of the Court Roll of the Bishop himself, according to
the custom of his manors of Bentley and Bulley aforesaid, by the rent of 23s.
a year, and are worth, yearly, in all issues, besides reprises, 10s, And,
moreover, the aforesaid jurors say that the aforesaid John and Pernella had
issue of their marriage, a certain William Gyfford, and that the aforesaid
Pernella afterwards died, on the 20th May, ((1514)), 6 ((Page 458)) Hen. VIII; and
the aforesaid John survived her, and, himself held all the above-mentioned
manor, lands, and tenements, as tenant by the law of England, during his life;
and afterwards the aforesaid John Gyfford died, on the 27th day of March
((1527)), 18 Hen. VIII; and that William Gyfford is son and heir to the
aforesaid John and Pernella, and of the age of twenty-two years and more, at
the time of the taking of this Inquisition; and that the same William is, and
was from his birth, an idiot and a natural fool, so that he is not able,
himself, to manage either himself or his tenements.
Inquisition post mortem, Exchequer Series, Co. Southampton, 19-20 Henry
VIII,
No. 10.{1. There is annexed to this document another Inquisition, taken at
Winchester on the 21st of April. 19 Hen. VIII (A. D. 1528), containing the
following particulars:- The jurors say, that William Gifford, son and heir of
John Gifford, Esquire, lately deceased, is a natural fool and idiot; and that
he was in the wardship of Sir William Gifford, knight, for two years, during
which time the aforesaid Sir William Gifford had the emoluments and profits of
all the lands and tenements of the aforesaid William Gifford, who is now in
the wardship of Master Parker, servitor of the lord King. And, moreover, they
say that the aforesaid William Gifford, son and heir to John Gifford, has
lands called Cormonger's, Parkyn-Rede, and Chamberland, held of the Bishop of
Winchester by copy ((of Court Roll, at a rent of 28s.; also a meadow called
Coke-medowe, Romevale, and Harries gardyne, in the tithing of Bentley; and
other lands called Borlandes in the tithing of Bagshot (Bragshot in original),
held by copy, of the same Bishop, at a rent of 16s. also, other lands in the
tithing of Bensted, held of Lord Mountjoye, at a rent of 5s.: also, other
lands called Le Crofte and Se Croftes, in the tithing of Dipnalle, held of the
Prior of Saint Swithun's, at a rent of 26s. 6d.: also, certain other lands and
tenements in the tithing of Monte, called Ethebrigge, held of Sir William
Gifford, knight. at a rent of 2s.: also, the manor of Wile, held of the
Archdeacon of Surrey, at a rent of 20s.; which had descended to him after the
death of the aforesaid John Gifford, his father: and that the aforesaid lands
and tenements are worth #20 a year. And the aforesaid jurors, moreover, say
that the aforesaid William Gifford neither has, nor holds, any other lands or
tenements by right of inheritance, in the aforesaid County, at the time of the
taking of this Inquisition. Ibid. No. 11.
In a list of debts owing to the Bishop of Winchester, at Michaelmas,
1529, occurs:- "Per Willelmum Gifford, filium et haeredem Johannis Gifford et
Petronillae uxoris suae, filiae et haeredis Ricardi Wely, pro relevio domino
accedente, in Bagshott, pro xxxij acris terrae liberae ibidem jacentis, post
mortem dictorum Johannis et Petronellae uxoris suae, sub redditu xvjs. per
annum, et quae idem Johannes nuper tenuit jure uxoris suae praedictae, sicut
continetur in rotulo curiae turni de Hock, anno xxo, Henrici VIII - xvjs."
Book of Fines, No. 1.}
His son, William Giffard, died on the 10th of October, 156O, and the
following particulars are set forth in the Inquisition taken in accordance to
the usual writ - "ad diem suum clausit extremum."
An Inquisition taken at Winchester, on the 9th of June, 1563, after the
death of William Gifford, gentleman, being a natural fool and idiot from his
birth. He was seized in his demesne, as of the fee, of forty acres of land,
meadow, pasture, and wood, with appurtenances, in Farnham, called Cormonger's,
Parkyn's, Ryve's, and Chamberland's; and of a meadow containing six acres
called Cokmeadow, Reball's and Harrys' Garrydyn, in the tithing of Bentley in
the County of Southampton; and of sixty acres of land, meadow, pasture, wood,
and ((Page 459)) marsh, with appurtenances, called Borlandes, in the tithing of
Bagshott; and thirty acres of land, meadow, and pasture with appurtenances in
the parish of Benstede, lately held of the Lord Mountjoye; and twenty acres of
land, meadow, pasture, and wood, with appurtenances, called Le Crofte and
Sacroftes, in the tithing of Depnall (Dippenhall); and of sixty acres of land,
meadow, pasture, and wood, with appurtenances, in the tithing of the Hill of
Eastbridge (de monte de Estbrigge), lately held of William Gifford, knight,
deceased; and of the manor of Wile with appurtenances. An Inquisition taken
at Winchester, on the 21st April (1528), 19 Hen. VIII, presented that the said
William Gifford, son heir to John Gifford, Esquire, then deceased, was fatuus
naturalis et idiota. The said William Gifford married Johanna, who is now
living, and the wife of Francis Clarcke, gentleman. Afterwards, the said
William Gifford died at Wyle in the County of Southampton, on 10th October
(1560), 2 Elizabeth; and Johanna Gifford and Anne Gifford, are the daughters
and heirs of the said William Gifford. The said Johanna is aged eight years
and more, and the said Anne is of the age of three years and more. The lands
first named were held of the Bishop of Winchester in free socage, and are
worth 28s., yearly. The lands next named were held in like manner, and are
worth 16s., yearly. The lands in Benstede, held of Lord Mountjoy, now held of
Edward, Lord Windsore, in socage, are worth 5s., yearly. The lands called Le
Croft and Se Crofts (sic) were held at the time of his death, of the Dean and
Chapter of Winchester Cathedral, as of their manor of Crondal, in socage, by
fealty, and a yearly rent of 26s. 6d. {1. This is the same property as that
mentioned on page 206, as a parcel of the freehold held by the co-heirs of
Giffard.} Johanna, relict of the said William Gifford is now the wife of
Francis Clarcke. The lands at Eastbridge were held at the time of the death
of the said William Gifford of the lord of the manor of Itchel, as of his
manor of Itchel, in socage, by fealty, at a yearly rent of 2s. only. The
manor of Wyle (Willy), with appurtenances, was held of the Archdeacon of
Surrey, as of his rectory of Farnham, in socage, by fealty, at a yearly rent
of 25s. All the aforesaid lands are worth, yearly, besides reprises, twenty
marks.
Inquisition post mortem, 5 Eliz., Part I, No. 26.
Sir William Giffard, knight, died on the 17th of June, 1549. The
Inquisition taken, after his death, with respect to his Hampshire property,
has disappeared; but the one relating to the Gloucestershire estates, taken at
Tutbury, Gloucestershire, on the 5th of May (1552), 6 Edward VI, gives the
following particulars:-
That he held the manor of Weston under Egge and the advowson of ((Page
460)) the church; also, the manor of Norton under Egge. That, in consideration
of the marriage solemnized between John Gyfford, kinsman and heir apparent of
the said William Gyfford, and Elizabeth, one of the daughters of Sir George
Throkmerton, knight; and in consideration of #200, paid to the aforesaid
William Gyfford, knight, by the said Sir George Throckmerton; Robert
Throckmerton, Esquire, and Richard Foster, in Easter term, A.D. 1537,
recovered the aforesaid manors by a royal writ of entry of superdisseizin. -
Recorded in Easter Term, 28-29 Hen. VIII, Roll. cccxliiij. The manors were,
by this arrangement, settled on the said Sir William Gyfford for life; and
after his death they were to remain to the aforesaid John and Elizabeth and to
the heirs of their bodies, and, in default of issue, to the right heirs of the
said John Gyfford, for ever.
The aforesaid William Gyfford, knight, died on the 17th day of June, 1549
(3 Edward VI); and the aforesaid John Gyfford is kinsman and nearest heir to
the said William Gyfford, knight, deceased, namely, son and heir of John
Gyfford, son of the said William Gyfford; and the said John Gyfford was, at
the time of the death of the aforesaid William Gyfford, his grandfather,
twenty-six years of age and more.{1. Inquisition post mortem, Exchequer
Series, Co. Gloucester, 5-6 Edw. VI. No. 4.}
On the death of his son, John Giffard, Esquire, an Inquisition was taken
at Gloucester Castle, on the 8th of July, 1563, (5 Elizabeth). It is very
closely written on a full size skin of parchment; but the writing is greatly
faded and rubbed.
It records that his will, dated the 27th of December, 1 Elizabeth (1558),
designates him as John Gifford, of Ichill, in the County of Southampton,
Esquire, sick in body, etc. It mentions Elizabeth, his wife; and says -
"Further I gyve, will, and bequeth unto my said Executors two parts of my
manors of Ichill, Cove, and Ushott, with their appurtenances, in the County of
Southampton," with the intent that they should receive the profits arising
therefrom, for the purpose of carrying out the purposes of his will.....
"Elizabeth, my wife, Sir Robert Throckmorton, knight, John Throckmorton, and
Kenelm Throckmorton, Esquires, my brothers-in-law, to be my executors."
The said John Gifford died on the 1st of May, last past (1563); and
George Gifford is his son and nearest heir, and was ten years and six weeks of
age on the day of his father's death.
The will is set out, but it is only readable in parts. It mentions "sons
and daughters" but not their Christian names; and the Inquisition records that
on the 7th of December, 5 Elizabeth (1562), he had ((Page 461)) granted to his
son, Richard Giffard, an annuity of twenty marks, payable out of the Manor of
Norton under Edge.{1. Inquis. post mortem, Exchequer Series, Co. Glouc., 5-6,
Elizabeth, No. 4. The duplicate copy of this Inquisition, returned to the
Court of Chancery, is still extant (5 Eliz., part 2, No. 20). but it is in a
worse condition than the Exchequer copy. The Hampshire Inquisition is not
extant.}
By the death of John Giffard, at Itchel, on the 1st of May, 1563, the
management of the family estates came into the hands of his executors, during
the minority of his son and heir, under the clause of his will which gave them
the control of two parts of the manor of Itchel, Cove and Eweshot; while the
third part passed to his widow for life, as a portion of her dowry. The widow
found it more convenient to reside with her children in Gloucester, near her
own relatives and co-executors; and not long afterwards she was married to
William Hodges, gentleman, who lived and died at Weston-under-Edge. In 1573,
George Giffard, her eldest son, came of age, and obtained possession of the
manors of Weston-under-Edge and Norton-under-Edge, and of the Hampshire
property, with the exception of the third part, held by his mother in right of
dowry.
We now reach the period when Itchel and Cove became separate manors, and
passed out of the hands of the Giffard family. At this time, the neighbouring
manor of Dogmersfield, which had been alienated from the See of Bath and
Wells, was in the possession of Henry Wriothesley, second Earl of Southampton;
who, being desirous of adding to it the manor of Itchel, arrangements were
made for its purchase, and due precautions were taken to ensure a perfect
title, as will be seen by the following documents. The first relates to a
conveyance by George Giffard, Esquire, to Thomas Vaughan and his heirs, The
second relates to the conveyance by the aforesaid George Giffard, Esquire, and
William Hodges, gentleman (his stepfather), to Thomas Dymmock, gentleman; and
the third, by William Hodges, gentleman, and Elizabeth his wife (mother of the
above-named George Giffard), to Henry Wriothesley, Earl of Southampton. These
documents refer to the estate as containing 4100 acres of land, besides a
number of messuages, tofts, gardens, orchards, two watermills, three pigeon
houses, a free warren, and 100s. of rent.
It appears that the tithing of Cove had been separated from Itchel, and
was at this time considered, or reputed, to be a ((Page 462)) manor of itself.
We annex a fine relating to the conveyance of it, by Thomas Brabon and Ann,
his wife, to Robert White, Esquire, of Aldershot, and Mary his wife, as a
separate manor, containing 2040 acres of land, three messuages, three tofts,
four gardens, three orchards, and a 100s. of rent,
((4 MAII, 1575.)) Haec est finalis concordia facta in curia dominiae
Reginae apud Westmonasterium, a die Paschae in quindecim dies, anno regnorum
Elizabethae, Dei gratia Angliae, Franciae, et Hiberniae Reginae, Fidei
Defensoris, &c., a conquestu decimo septimo, coram Jacobo Dyer, Ricardo
Harpur, Rogero Manwood, et Roberto Mounson, justiciariis, et aliis dominae
Reginae fidelibus tunc ibi praesentibus, - inter Thomam Vaughan et Nicholaum
Porter, generosos, querentes, et Georgium Gifford, armigerum, deforciantem; de
manerio de Ichille, alias Ichulle, alias Itchelle, cum pertinentiis, ac de
quadraginta mesuagiis, viginti cotagiis, uno molendino aquatico, uno
columbare, quadraginta gardinis, mille acris terrae, sexcentis acris prati,
octogintis acris pasturae, ducentis acris bosci, et mille et quingentis acris
jampnorum et bruerae, cum pertinentiis, in Ichille, alias Ichulle, alias
Itchelle, Croundalle, Yeatly, Ewshott, Cove, Crokeham, et Farnborough; unde
placitum conventionis summonitum fuit inter eos, in eadem curia. Scilicet,
quod praedictus Georgius recognovit praedicta manerium et tenementa, cum
pertinentiis, esse jus ipsius Thomae, ut illa quae iidem Thomas et Nicholaus
habent de dono praedicti Georgii. Et illa remisit et quieta clamavit de se et
haeredibus suis, praedictis Thomae et Nicholao, et haeredibus ipsius Thomae
inperpetutim. Et, praeterea, idem Georgius concessit, pro se et haeredibus
suis, quod ipsi warantizabunt praedictis Thomae et Nicholao, et haeredibus
ipsius Thomae, praedicta manerium et tenementa, cum pertinentiis, contra omnes
homines inperpetuum. Et pro hac recognitione, remissione, quieta clamantia,
warantia, fine, et concordia, iidem Thomas et Nicholaus dederunt praedicto
Georgio trescentas et viginti libras sterlingorum.
E pedibus finium, Co. Southampton. Paschae Term. 17 Elizabethae.
Translation:-
4 MAY, 1575. This is the final agreement, made in the court of our lady
the Queen, at Westminster, in the quinzaine of Easter, in the seventeenth year
of the reigns of Elizabeth, by the grace of God, Queen of England, and of
France, and Ireland, Defender of the Faith, &c., after the Conquest, before
James Dyer, Richard Harpur, Roger Manwood, and Robert Mounson, justices, and
other faithful subjects of our lady the Queen, then and there present; between
Thomas Vaughan and Nicholas ((Page 463)) Porter, gentlemen, plaintiffs, and
George Gifford, Esquire, defendant; concerning the manor of Ichille, alias
Ichulle, alias Itchelle, with appurtenances, and forty messuages, twenty
cottages, a water mill, a pigeon house, forty gardens, 1000 acres of land, 600
acres of meadow, 800 acres of pasture, 200 acres of wood, 1500 acres of heath
and gorse, with appurtenances, in Ichille, alias Ichulle, alias Itchelle,
Croundalle, Yeatly, Ewshott, Cove, Crokeham, and Farnborough, whereupon a plea
of agreement was summoned between them in the same court; to wit, that the
aforesaid George acknowledged the aforesaid manor and tenements, with
appurtenances, to be the right of the said Thomas, as the same which the said
Thomas and Nicholas have by the gift of the aforesaid George; and he remised
and quit-claimed the same, for himself and his heirs, to the aforesaid Thomas
and Nicholas, and to the heirs of the said Thomas for over. And, moreover,
the said George undertook, for himself, and his heirs, to warrant to the
aforesaid Thomas and Nicholas, and to the heirs of the said Thomas, the
aforesaid manor and tenements, with appurtenances, against all men for ever.
And for this acknowledgment, remise, quit-claim, warranty, fine, and
agreement, the said Thomas and Nicholas gave to the aforesaid George #320
sterling.
((20 JUNII, 1579.)) Haec est finalis concordia facta in curia dominae
Reginae apud Westmonasterium, in crastino Sanctae Trinitatis, anno regnorum
Elizabethae, Dei gratia Angliae, Franciae, et Hiberniae Reginee, Fidei
Defensoris, &c., a conquestu, vicesimo primo, coram Jacobo Dyer, Roberto
Mounson, et Thoma Meade, justiciariis, et aliis dominae Reginae fidelibus tunc
ibi praesentibus, - inter Thomam Dymmocke, generosum, querentem, et Georgium
Gifforde, armigerum, et Willelmum Hodges, generosum, deforciantes; de manerio
do Ichulle alias Ichille, cum pertinentiis, ac de triginta mesuagiis, triginta
toftis, duobus molendinis aquaticis, tribus columbaribus, triginta gardinis,
triginta pomariis, mille et ducentis acris terrae, ducentis acris prati,
octingentis acris pasturae, trescentis acris bosci, trescentis acris jampnorum
et bruerae, mille acris morae, trescentis acris marisci, libera warenna, et
centum solidatis redditus, cum pertinentiis, in Ichulle alias Ichille, Ushotte
alias Eweshotte, Crokham, Swanrope, et Crondalle; unde placitum conventionis
summonitum fuit inter eos, in eadem curia. Scilicet, quod praedicti Georgius
et Willelmus recognoverunt praedicta manerium, tenementa, warennam, et
redditus, cum pertinentiis, esse jus ipsius Thomae, ut illa quae idem Thomas
habet de dono praedictorum Georgii et Willelmi. Et illa remiserunt et quieta
clamaverunt de ipsis Georgio et Willelmo, et haeredibus suis, praedicto Thomae
et haeredibus suis inperpetuum. Et, praeterea, idem Georgius concessit, pro se
et haeredibus suis, quod ((Page 464)) ipsi warantizabunt praedicto Thomae, et
haeredibus suis, praedicta manerium, tenementa, warennnam, et redditus, cum
pertinentiis, contra praedictum Georgium et haeredes suos inperpetuum. Et
ulterius idem Willelmus concessit, pro se et haeredibus suis, quod ipsi
warantizabunt praedicto Thomae, et haeredibus suis, praedicta manerium,
tenementa, warennam, et redditum, cum pertinentiis, contra praedictum
Willelmum et haeredes suos inperpetuum. Et pro hac recognitione, remissione,
quieta clamantia, warantia, fine, et concordia, idem Thomas dedit praedictis
Georgio et Willelmo mille et ducentas libras sterlingorum.
Ibid. Trin. Term. 21 Elizabethae.
Translation:-
20 JUNE, 1579 This is the final agreement, made in the court of our lady
the Queen, at Westminster, on the morrow of Holy Trinity, in the twenty-first
year of the reigns of Elizabeth, by the grace of God Queen of England, and of
France, and Ireland, Defender of the Faith, &c., after the Conquest, before
James Dyer, Robert Mounson, and Thomas Meade, justices, and other faithful
subjects of our lady the Queen, then and there present; between Thomas
Dymmocke, gentleman, plaintiff, and George Gifforde, Esquire, and William
Hodges, gentleman, defendants concerning the manor of Ichulle alias Ichille,
with appurtenances, and thirty messuages, thirty tofts, two water mills, three
pigeon houses, thirty gardens, thirty orchards, 1200 acres of land, 200 acres
of meadow, 800 acres of pasture, 300 acres of wood, 300 acres of heath and
gorse, 1000 acres of moor, 300 acres of marsh, a free warren, and 100s. of
rent, with appurtenances, in Ichulle alias Ichille, Ushotte alias Eweshotte,
Crokham, Swanrope, and Crondalle, whereupon a plea of agreement was summoned
between them in the same court; to wit, that the aforesaid George and William
acknowledged the aforesaid manor, tenements, warren, and rent, with
appurtenances, to be the right of the said Thomas, as the same which the said
Thomas has of the gift of the aforesaid George and William. And they have
remised and quit-claimed the same, for themselves, George and William, and
their heirs, to the aforesaid Thomas, and his heirs for ever. And moreover,
the said George undertook for himself and his heirs, to warrant to the
aforesaid Thomas, and his heirs, the aforesaid manor, tenements, warren, and
rent, with appurtenances, against the aforesaid George and his heirs for ever.
And, moreover, the said William undertook for himself and his heirs, to
warrant to the aforesaid Thomas, and his heirs, the aforesaid manor,
tenements, warren, and rent, with appurtenances, against the aforesaid William
and his heirs for ever. And for this acknowledgment, remise, quit-claim,
fine, and agreement, the said Thomas gave to the aforesaid George and William,
#1200 sterling.
((Page 465))
((4 JUNII, 1580.)) Haec est finalis concordia facta in curia dominae
Reginae apud Westmonasterium, in crastino Sanctae Trinitatis, anno regnorum
Elizabethae, Dei gratia Angliae, Franciae, et Hiberniae Reginae, Fidei
Defensoris, &c., a conquestu, vicesimo secundo, coram Jacobo Dyer, Thoma
Meade, et Francisco Wyndham, justiciariis, et aliis dominae Reginae fidelibus
tunc ibi praesentibus, - inter Henricum, Comitem Suthamptoniae, querentem, et
Willelmum Hodges, generosum, et Elizabetham uxorem ejus, deforciantes; de
manerio de Ichulle, alias Ichille, cum pertinentiis, ac de triginta mesuagiis,
triginta toftis, duobus molendinis aquaticis, tribus columbariis, triginta
gardinis, triginta pomariis, mille et ducentis acris terrae, ducentis acris
prati, octingentis acris pasturae, trescentis acris bosci, trescentis acris
jampnorum et bruerae, mille acris morae, trescentis acris marisci, libera
warenna, et centum solidatis redditus, cum pertinentiis, in Ichulle, alias
Ichille, Ushotte, alias Eweshotte, Crokham, Swanrope, et Crondalle; unde
placitum conventionis summonitum fuit inter eos, in eadem curia. Scilicet,
quod praedicti Willelmus et Elizabetha recognoverunt praedicta manerium,
tenementa, redditus, et warennam, cum pertinentiis, esse jus ipsius Comitis.
Et illa remiserunt et quieta clamaverunt de ipsis Willelmo et Elizabetba, et
haeredibus suis, praedicto Comiti, et haeredibus suis, inperpetuum. Et
praeterea, iidem Willelmus, et Elizabetha concesserunt, pro se, et haeredibus
ipsius Elizabethae, quod ipsi warantizabunt praedicto Comiti, et haeredibus
suis, praedicta manerium, tenementa, redditus, et warennam, cum pertinentiis,
contra praedictos Willelmum et Elizabetham et haeredes ipsius Elizabethae
inperpetuum. Et pro hac recognitione, remissione, quieta clamantia, warentia,
fine, et concordia, idem Comes dedit praedictis Willelmo et Elizabethae mille
et ducentas libras sterlingorum.
Translation :-
4 JUNE, 1580. This is the final agreement, made in the court of our lady
the Queen, at Westminster, on the morrow of Holy Trinity, in the twenty-second
year of the reigns of Elizabeth, by the grace of God of England, France, and
Ireland Queen, Defender of the Faith, &c., after the Conquest, before James
Dyer, Thomas Meade, and Francis Wyndham, justices, and other faithful subjects
of our lady the Queen, then and there present; between Henry, Earl of
Southampton, plaintiff, and William Hodges, gentleman, and Elizabeth, his
wife, deforciants; concerning the manor of Ichulle, alias Ichille, with
appurtenances, and thirty messuages, thirty tofts, two water mills, three
pigeon houses, thirty gardens, thirty orchards, 1200 acres of land, 200 acres
of meadow, 800 acres of pasture, 300 acres of wood, 300 ((Page 466)) acres of
heath and gorse, 1000 acres of moor, 300 acres of marsh, a free warren, and
100s. of rent, with appurtenances, in Ichulle, alias Ichille, Ushotte, alias
Eweshotte, Crokham, Swanrope, and Crondalle; whereupon a plea of agreement was
summoned between them in the same court; to wit, that the aforesaid William
and Elizabeth acknowledged the aforesaid manor, tenements, rent, and warren,
with appurtenances, to be the right of the said Earl. And they remised and
quit-claimed the same for themselves, William and Elizabeth, and their heirs,
to the aforesaid Earl, and to his heirs for ever. And, moreover, the said
William and Elizabeth, undertook for themselves and the heirs of the said
Elizabeth, to warrant to the aforesaid Earl, and to his heirs, the aforesaid
manor, tenements, rent, and warren, with appurtenances, against the aforesaid
William and Elizabeth, and the heirs of the said Elizabeth, for ever. And for
this acknowledgement, remise, quit-claim, warranty, fine, and agreement, the
said Earl gave to the aforesaid William and Elizabeth #1200 sterling.
The Manor of Cove, with appurtenances.
((4 MAII, 1580.)) Haec est finalis concordia facta in curia dominae
Reginae apud Westmonasterium, a die Paschae in quindecim dies, anno regnorum
Elizabethae, Dei gratia Angliae, Franciae, et Hiberniae Reginae, Fidei
Defensoris, &c., a conquestu, vicesimo secundo, coram Jacobo Dyer, Thoma
Meade, et Francisco Wyndham, justiciariis, et aliis dominae Reginae fidelibus
tunc ibi praesentibus, - inter Robertum White, armigerum, et Mariam uxorem
ejus, querentes, et Thomam Brabon et Annam uxorem ejus, deforciantes; de
manerio de Cove, cum pertinentiis, ac tribus mesuagiis, tribus toftis, quatuor
gardinis, tribus pomariis, viginti acris terrae, decem acris prati, decem
acris pasturae, duobus millibus acrarnm jampnorum et bruerae, et centum
solidatis redditus, cum pertinentiis, in Yateley et Cove; unde placitum
conventionis summonitum fuit inter eos, in eadem curia. Scilicet, quod
praedicti Thomas et Anna recognoverunt praedicta manerium, tenementa, et
redditus, cum pertinentiis, esse jus ipsius Roberti ut illa quae iidem
Robertus et Maria habent de dono praedictorum Thomae et Annae. Et illa
remiserunt et quieta clamaverunt de ipsis Thoma et Anna, et haeredibus ipsius
Thomae, praedictis Roberto et Mariae, et haeredibus ipsius Roberti
inperpetuum. Et, praeterea, iidem Thomas et Anna concesserunt, pro se et
haeredibus ipsius Thomae, quod ipsi warantizabunt praedictis Roberto et Annae,
et haeredibus ipsius Roberti, praedicta manerium, tenementa et redditus, cum
pertinentiis, contra praedictos Thomam et Annam et haeredes ipsius Thomae
inperpetuum. Et pro hac recognitione, remissione, quieta clamantia, warantia,
fine et concordia, ((Page 467)) iidem Robertus et Maria dederunt praedictis
Thomae et Annie centum viginti libras sterlingorum.
Translation:-
4 MAY, 1580. This is the final agreement, made in the court of our lady
the Queen, at Westminster, in the quinzaine of Easter, in the twenty-second
year of the reigns of Elizabeth, by the grace of God of England, France, and
Ireland Queen, Defender of the Faith, &c., before James Dyer, Thomas Meade,
and Francis Wyndham, justices, and other faithful subjects of our lady the
Queen, then and there present between Robert White, Esquire, and Mary his
wife, plaintiffs, and Thomas Brabon and Ann his wife, defendants; concerning
the manor of Cove, with appurtenances, and three messuages, three tofts, four
gardens, three orchards, twenty acres of land, ten acres of meadow, ten acres
of pasture, 2000 acres of heath and gorse, and 100s. of rent, with
appurtenances, in Yateley and Cove; whereupon a plea of agreement was summoned
between them in the same court; to wit, that the aforesaid Thomas and Ann
acknowledged the aforesaid manor, tenements, and rent, with appurtenances, to
be the right of the said Robert, as the same which the said Robert and Mary
have of the gift of the aforesaid Thomas and Ann. And they have remised and
quit-claimed the same for themselves, Thomas and Ann, and the heirs of the
said Thomas, to the aforesaid Robert and Mary, and to the heirs of the said
Robert, for ever. And, moreover, the said Thomas and Ann undertook for
themselves and the heirs of the said Thomas, to warrant to the aforesaid
Robert and Ann, and to the heirs of the said Robert, the aforesaid manor,
tenements, and rent, with appurtenances, against the aforesaid Thomas and Ann,
and the heirs of the said Thomas, for ever. And for this acknowledgment,
remise, quit-claim, warranty, fine, and agreement, the said Robert and Mary
gave to the aforesaid Thomas and Ann #120 sterling.
The Earl of Southampton died at Itchel on the 4th of October, 1581,{1.
The Inquisition taken after his death was held at Alton on the 13th of June,
1582. It was written on three large skins of parchment, but, unfortunately,
the second skin, which contained the particulars relating to Itchel, is lost.
The Inquisition states that his father, Thomas, Earl of Southampton, died on
the 30th of July, 1550. By an indenture, dated 10th May. 1569, being a
settlement made on his marriage, his estates were entailed upon his heirs
male; and the Viscount Montague, Ralphe Scroope, of Crondal, in the county of
Southampton. Esq. (who had married the widow of Sir George Paulet, of Crondal,
knight). and John Hippesley, their heirs and executors, were appointed
trustees. Inquis. p.m., 24 Elizabeth, part I, No. 46.} and Henry Wriothesley,
his son and heir, attained the age of eight years two days after his father's
death. He ((Page 468)) inherited the Itchel estate and died in 1624. Soon
after the commencement of the 17th century, the property came into the hands
of Dr. Robert Mason{1. Robert Mason, of Lincoln's Inn, Esquire, LL. D.,
Steward of the Borough of Basingstoke 1624 to 1628. He was elected M. P. for
the Borough of Christchurch on 20 January, 1625, and for the City of
Winchester on 27 February, 1627-8. On the 18 January, 1626-7. the Dean and
Chapter appointed him Steward of all their lands, etc.; and on the 13 April,
1625, he had a patent for life as Vicar-General of the Bishoprick and
Chancellor of the diocese, also as official of the Archdeaconry of Surrey on 1
June, 1630, and of the Archdeaconry of Winchester on 5 March, 1631. He was
afterwards appointed Recorder of the City of London, where he died on 20
December, 1635, and his remains were brought to Winchester and interred in the
north aisle of the Cathedral.} who died in 1635, and it was held by his family
till about the year 1670. It was then purchased by John Bathurst, Esq., and
continued in possession of his descendants till about the middle of the 18th
century, when it came into the hands of Martha Dearing of Odiham, widow. The
next owner of Itchel appears to have been Nicholas Linwood, Esq., of Spring
Gardens, Charing Cross, who was one of the Directors of the East India Company
from 1749 to 1751. He was elected M.P. for the Borough of Aldborough, Suffolk,
on 22nd of March, 1768, and died on 7th of May, 1773. His widow sold the
estate in the same year, to Henry Maxwell, Esq., of Ramsbury, Wilts, who died
in 1818, and bequeathed it to his wife's nephew, the Rev. John Henry George
Lefroy, from whom it has descended to his grandson, Charles James Maxwell-
Lefroy, the present owner.