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THE ROYAL CANADIAN INSTITUTE
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A ARCELEOLOGIA ^ELIANA:
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OR,
RELATING TO ANTIQUITY.
PUBLISHED BY THE
SOCIETY OF ANTIQUARIES OF NEWCASTLE-UPON-TYNE.
NEW SERIES,
VOLUME II.
NEWCASTLE-UPON-TYNE :
PEINTED BT THOMAS AND JAMES PIGG, CLAYTON STREET.
M.DCCC.LVIII.
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CONTENTS.
ANNUAL REPORT AND OTHER BUSINESS PAPERS i.
THE CHURCHES OF DURHAM AND HEXHAM. From the LAWSON MS. Lent
by SIR WILLIAM LAWSON, Bart., F.S.A. By the EDITOR ... 1
LOCAL MUNIMENTS. From SIR WILLIAM LAWSON'S Archives. Illustrated
with Engravings of Seals presented by him 10
ROMAN REMAINS FOUND AT ADDERSTONE (with Engravings). By MR. J.
ARCHBOLD 15
THE BELLS OF ST. NICHOLAS' CHURCH, NEWCASTLE. By MR. JOHN VENTRESS. 17
LOCAL MUNIMENTS. From the VESTRY OF ST. MARGARET'S, DURHAM, and
other Sources. By the EDITOR 25
CARDINAL WOLSEY'S INSTRUCTIONS TO HIS OFFICERS AT DURHAM. From the
EDITOR 39
ROLL OF PRAYERS FORMERLY BELONGING TO HENRY VIII. WHEN PRINCE. By
EDWARD CHARLTON, Esq., M.D 41
LEADEN Box AND CROSSES FROM RICHMOND. By the same . . . .46
UMBO OF A ROMAN SHIELD FOUND NEAR MATFEN. By the same 49
THE BANNER AND CROSS OF SAINT CUTHBERT, with Engraving. By the EDITOR 51
ST. CUTHBERT'S RING, with Engraving. By the Very Rev. MONSIGNOR EYRE 66
THE TENURES OF MIDDLETON ST. GEORGE, AND SOME ACCOUNT OF THE HOUSE
OF KILLINGHALL, with Engravings ........ 69
APPENDIX A. KILLINGHALL OF BERWICK AND LONDON . . .105
APPENDIX B. KILLINGHALL OF HOLY ISLAND 106
By the EDITOR .
BISHOP BEK'S CHARTER OF LANDS AT NETTLESWORTH. By the EDITOR . . 107
LUMLEY LETTERS. From MR. TRUEMAN 109
REPORT ON THE PITMEN'S STRIKE AT NEWBOTTLE IN 1734. From Mr. TRUEMAN 111
SCHEME FOR A NAVIGABLE RIVER TO DURHAM. From MR. VENTRESS . .118
WASHINGTON LETTERS. From Mr. TRUEMAN and WILLIAM GREEN, Jun., Esq. 120
THE HINDE PAPERS. From Materials furnished by JOHN HODGSON HINDE,
Esq .127
CONTENTS.
EARLY MENTION OF COFFEE IN DURHAM. By the EDITOR . . . .136
THE HEIRS-GENERAL TO RADCLYFFE OF DERWENTWATER, AND THE HEIRS-MALE
TO DACRE OP GREYSTOCK. By tiie EDITOR, from Documents lent by JOHN
FENWICK, Esq., F.S.A 137
EXTRACTS FROM THE ACCOUNTS OF THE STEWARD OF SIR FRANCIS RADCLYFFE,
BART., AT DILSTON, from June, 1686, to June 1687. From JOHN FENWICK,
Esq., F.S.A . . 159
THE FIRST MANTUA-MAKERS IN DURHAM. From MR. TRUEMAN . . .165
THE BLADESMITHS AND CUTLERS OF DURHAM. From MR. TRUEMAN . .171
THE PUDSAYS OF BARFORD. By the Eev. JAMES RAINE, Jun., M.A. . .173
TESTAMENTARY CURIOSITIES — NUNCUPATIVE WILLS. By the same . . .191
Is THE CATHEDRAL WITHIN THE CITY OF DURHAM ? By the EDITOR . . 203
BAKING IN DURHAM. From MR. TRUEMAN 216
THE ATTEMPT TO ANNEX GATESHEAD TO NEWCASTLE IN 1575. From the State
Papers 219
THE MARKET AND FAIR AT GATESHEAD. From the Gateshead Vestry Re-
cords .... ,226
REPORT
OF
Society of
OF
NEWCASTLE-TJPON-TYNE.
M.DCCC.LVI.
THE Council of the Society of Antiquaries of Newcastle-upon-Tyne, in
presenting the forty-fourth annual Beport, begs to congratulate the mem-
bers on the continued prosperity of the Society. The improvement in
the Society's prospects, which may be said to have commenced with its
removal in 1848 into the present building, has suffered no abatement;
the attendance at the monthly meetings, the accession of new members,
and the character and number of the papers contributed, all attest the
exertions of the members to maintain this, one of the earliest provin-
cial institutions for the study of archseology, in all the vigour and ac-
tivity that characterizes the growth of younger societies of the kind.
The important change in the mode of publication, adopted at the last
anniversary meeting, has, your Council would submit, been most favour-
ably received, and has already been productive of many advantages to
the Society. In place of the thin broad-margined 4to part, which at
rare and uncertain intervals was issued in former years, each member of
the Society now receives punctually, at the end of every three months,
a well-printed and more portable 8vo part, containing far more matter
than under the former system. This day the Printing Committee have
the honour of laying on the table the concluding part of the first volume
of the new Archseologia -ZEliana, and your Council believe that, with
its numerous illustrations and the value of the papers it contains, this
volume may be regarded as giving good hope of future success, beyond
whatever has already been achieved.
In addition to the papers contained in the quarterly part, each mem-
ber receives a copy of the Proceedings of the Society at the monthly
meetings, so that the whole history of each meeting is duly preserved.
11. EEPORT OF THE SOCIETY OF ANTIQFAKIES
Tour Council has every reason to believe that this publication of their
proceedings is most acceptable to the members, and that it tends like-
wise, by being published in the local journal by whose editor the Pro-
ceedings are so ably reported, to keep up the interest of the public in
the study of archaeology, and in the welfare of this Society.
It has been repeatedly urged against the Society of Antiquaries of
Newcastle that its attention has been too exclusively devoted to the
study of Roman antiquities. Your Council would refer to the now com-
pleted annual volume for a refutation of this objection, and in proof of
how wide a range of research has been embraced in the papers recently
read.
In the present volume two papers, viz., the "Account of the Exca-
vations at Bremenium," in the 2nd part, and the " Illustrated Catalogue
of Roman Antiquities," in the 4th, are all that relate to this important
branch of archaeology, and to both of these papers your Council can
refer with great pride and satisfaction. The important researches at
Bremenium are accompanied by a lithographed plan of the excavated
station, and the Illustrated Catalogue of Roman Antiquities, the first of
the kind that has been attempted in this country, will, they trust, be
duly appreciated, both by visitors to the Castle, and by the archaeologists
of all countries.
The present volume likewise contains interpretations, now for the first
time published, of the Anglo-Saxon Runic inscriptions at Bewcastle ;
and of the bilingual inscription in Runes and in Romano-Saxon letters
on a stone which has been for forty-three years in the possession of the
Society. Both these inscriptions had hitherto baffled all the attempts of
antiquaries to decipher them.
Of local muniments, charters and deeds, a very considerable number
are to be found in this volume, and your Council is glad to state that
the number of papers remaining for publication is large, and the sub-
jects they treat of are of much importance.
The desire evinced by the public for the continuance and, if possible,
the completion of the History of Northumberland, by the late Rev.
John Hodgson, vicar of Hartburn, is now in the course of being realized.
Two of the most active members of the Society, Mr. J. H. Hinde and
the Rev. Dr. Bruce, have jointly prepared the General History of Bri-
tish and Roman Northumberland ; and your Council is enabled to state
that the work, in a handsome 4to. volume, is now in the press, and will
shortly be issued to the public. The inquiries that have been made re-
lative to this proposed publication by parties at a distance, shew that
this is not merely a subject of local interest, but that from its forming
OF NEWCASTLE-UPON-TYNE. 111.
a part of a most valuable county history, and from the high reputation
of the writers engaged upon it, it will be most acceptable to the lovers
of archaeological science in all parts of the kingdom.
One of the papers of 1856 is invested with peculiar interest, from
the circumstance of its having been read by its author, Mr. Robert
White, on the scene of the event of which it treats. It was prepared
for the annual country meeting of the Society ; and those of the mem-
bers who had the pleasure of hearing it read by Mr. White, with his
characteristic animation and emphasis, on the spot presumed to have
been occupied by King David on the memorable day which proved so
adverse to his arms, will never rue, as the royal fugitive must have
done, their instructive visit to the Field of Neville's Cross. Nor can
your Council take leave of this subject without expressing their grateful
sense of the obligations of the Society to Mr. Hodgson, the engineer,
and Mr. Cail, the contractor, of the Auckland Branch Railway, and to
the Rev. James Raine, the librarian of Durham Cathedral, for those kind
and hospitable attentions and services which conferred so many facilities
and enjoyments on the country meeting of the members, and made it
doubly valuable and agreeable.
The necessity for increased accommodation for the Society's collections
is every year more and more sensibly felt. Many of the more impor-
tant inscriptions and altars are badly placed for want of room to display
them to the best advantage, while, as regards light, it is almost impos-
sible to read many of them when the sunshine struggles with difficulty
through the embayed windows of the Castle. A well lighted apartment
is therefore required, and must ere long be provided; and if it cannot
be obtained within the Castle walls, it should, if possible, be in the im-
mediate vicinity of that building.
The recent noble offer of the Patron of this Society to transfer to this
Society's care the collection of altars and inscriptions now preserved at
Alnwick Castle, should be met by the Society in a spirit of correspond-
ing liberality. The value of these inscriptions and altars is very great,
and when united to those already in the Society's possession, would form,
a gallery of Roman archeology as cannot be found north of the Alps.
It has been the wish of the Council to obtain a portion of ground in
the immediate vicinity of the Castle, whereon to erect the proposed
Lapidarian gallery, but as the sites about the Black Gate and leading to
the High Level Bridge are not as yet disposed of, your Council has
been contented with communications upon the subject with the Finance
Committee of the Town Council, without attempting an immediate
settlement of the question.
IV. REPORT OF THE SOCIETY OF ANTIQUARIES
On the occasion of the visit to Alnwick Castle of the Commendatore
Luigi Canina, Conservator of the Museum of the Capitol in Borne, a
special meeting of the Society was held on the 23rd of July last, at
which Signor Canina was unanimously elected an honorary member of
this Society. Your Council regret to state that Signor Canina died at
Florence on his return to Italy from England.
During the past year nine new members have joined the Society,
viz. :— Mr. J. Yentress (April 2) ; Mr. J. T. Abbott, of Darlington
(May 7th) ; Mr. St. John Crookes, Sunderland (June 4th) ; Mr. Robert
Robson, Sunderland ; Mr. William Dodd, Newcastle ; Mr. Edward
Thompson, Newcastle (August 6th); W. B. Beaumont, Esq., M.P.,
and Mr. Archibald Dunn, Newcastle (October 1st); Mr. J. Dangerfield,
London (November 5th).
Feb. 2. 1857.
PAPERS READ 1856-1857.
1856.— March 5.
Rev. D. HAIGH. — On the Inscriptions on the Bewcastle Cross, Part I.
April 2.
Rev. D. HAIGH. — On the Bewcastle Cross, Part II.1
At this meeting Mr. Clayton reported the discovery of an altar at
^Isica, with the words " Dibus Yeteribus," doubtless the real reading of
Horsley's altar, which appeared to give " Dims Yeteribus."
The Rev. "\V. Featherstonhaugh reported the opening out of the
sedilia and piscina of Chester-le-Street Church, and the consequent dis-
covery of a fragment of a Saxon pillar, covered with interlacing and
characteristic ornaments on all sides.
May 7.
Rev. W. FEATHERSTONHAUGH.— On a recently-discovered Roman Hypo-
caust2 at Chester-le-Street.
Mr. J. H. HINDE.— On Roman Northumberland, Part I.
1 Printed, Vol. i., 149.
2 The . remains of the Roman villa in which this occurred adjoined the station on
wfthTn 70 ^ad f t°hCCTed ^ ^ I*0™3 ^™?' The ch*mber first found was
within 70 yards of the Deanery garden, closely contiguous to the su^osed south
rampart of the Roman castrum and running parallel with it. A £L3SSfftS3
of Roman tiles, well-shaped and joined together with a very small quantity of n?or
tar had previously been discovered. A building-stone, recently exhumed ™
scribed "LEG ii AV.» An unshapen mass of ir?n, weighing not less than 2^cwT"
4 by the w of charcoal> fnd Sar ftTiS -;
OP NEWCASTLE-UPON-TYNE. V.
June 4th.
Communicated by Sir W. C. TREVELYAN, Bart. — A letter from Sir
Walter Blackett (1762), relative to the Bread Riots in Newcastle in
1740.3
Mr. J. H. HINDE. — On Roman Northumberland, Part II.4
September 3.
Rev. D. HAIGH. — On the Anglo-Saxon Inscription at Hackness Church,
Yorkshire.
October 1.
Mr. AECHBOLD, Alnwick (communicated by Mr. J. Latimer). — On a
Discovery of Roman Remains at Adderstone.
Rev. Dr. BRUCE. — On the Wall of Antoninus.
November 5.
Mr. JOHN DIXON, Consett Iron Works. — On the Discovery of an Ancient
Grave near Shotley Bridge.5
Mr. WM. KELL. — On some Roman Milestones in the Museum at Augs-
burg.
Mr. J. VENTEESS. — On the Bells of St. Nicholas' Church, Newcastle.
Mr. JOHN CLAYTON. — On a Passage recently discovered through the Ro-
man Wall east of the Knag Burn, Housesteads.
December 3.
Dr. CHARLTON. — On the Bronze Umbo of a Shield found near Matfen.
1857. — January 7.
Communicated by Rev. JAS. RAINE, Jun. — A Letter from the Rev. John
Ellison, formerly curate of St. Nicholas' Church, Newcastle, to the
Rev. Mr. Burgess, of Winston Rectory, relative to the Escape of a
Sailor (a free burgess of Morpoth) from a French prison during the
Revolutionary War.
3 Printed, Vol. L, 67.
4 To appear in the continuation of Hodgson's Northumberland.
5 The grave was described as being about a foot beneath the surface, on a sloping
hill side, and the bones were hardly recognizable. The bottom is said to have been
paved with small stones, the bearing was N.W. and S.E., and the space was very
short. A piece of flint occurred. No remains of urns.
REPORT OF THE SOCtETY OF ANTIQUARIES
ANTIQUITIES, &c. EXHIBITED.
1856.— April 2.
Dr. DAWSON, Newcastle. — Iron Candlestick,1 found at Barnard-Castle.
Rev. Dr. BRUCE. — Gold Armlets, &c., found in Anglesea.
May 7.
Mr. PURDAY. — Pair of Spectacles, fastening across the nose by a spring,
found under the stalls of Carlisle Cathedral.
June 4.
Mr. HENRY MURTON. — Bronze Umbo of Shield, found near Matfen.
Mr. BELL, of the Nook. — Drawing of an Altar, found in the High
Holm, in Cambeck Hill estate, 60 yards south of the Wall, 140
yards west of the Carnbeck, and about 300 yards north of Petriana
station.2
August 6.
Mr. YENTRESS. — Drawings of two Decorated Spandrils, lying at Tyne-
mouth, each carved with an Agnus Dei.3
Yery Rev. Mons. EYRE. — Facsimile (by M. Didron) of the Sapphire
Ring found on the body of St. Cuthbert at the Dissolution of Mo-
nasteries, and afterwards possessed by the English Cauonesses at
Paris.
Sept. 3.
Mr. THOMAS ANDERSON, Little Harle. — Kail Pot, found in a peat bog
in the present park at Little Harle, about 2 J feet from the surface,
in 1847 ; and a Mortar, found at Little Harle.
Mr: EDW. SPOOR. — Drawing of the Merchant's Mark on the Ancient
Font of All Saints' Church, Newcastle, now at Little Harle, and of
others from Grave-stones in St. Nicholas' Church, Newcastle.
October 1.
Mr. ARCHBOLD. — Roman Remains, found near Adderston.
1 By taking out the candle with the fingers, and inserting the wick within the
moveable jaws of the framework, it could be snuffed.
2 The legend appeared to he N AVG— DIIOVANA — VNTIAVREL — ARMIGER — DEC PRINC,
the spaces denoting the separation of lines. Mr. Bell considered that in the word
" Vanaunti" we had the name of a local deity, reading the whole legend as "Numim
Augusti Deo Vanaunti, Aurelius, Armiger Decurio Principalis (sive Decurionum
Princeps.)" Mr. Roach Smith considered that Armiger was a proper name.
3 The stones have since been removed from their exposed position and placed in the
Castle-yard, by direction of the Duke of Northumberland.
OP NEWCASTLE-TTPON-TYNE. vii.
Mr. LONGSTAFFE. — A MS. Book entitled " Chaos," vol. i., belonging to
the late Mr. J. Brough Taylor, containing drawings of three faces of
the Pedestal of Rothbury Font.4
The Very Rev. Mons. EYRE. — Letter of Fellowship given in 1469 by
the Order of Friars Minors of England to John Wormleigh and
Cecilia his wife.
Dec. 3.
Mr. Jos. FAIRLESS. — Drawing of Bronze Object, found near Hexham.
Mr. ROBERT STOKOE. — Drawing of Clay Urn, found near Warden.5
BOOKS PURCHASED.
Charles Roach Smith's Famsett Collection, 1 vol. 4to.
Sims' Manual for Genealogists, 1 vol. 8vo.
DONATIONS.
February 6, 1856. — Monthly Meeting.
Mr. "W. H. BROCZETT. — Extra Sheet of Documents, relating to Sherburn
Hospital, and not given by Surtees.
Rev. JAMES RAINE, Jun. — Thirty-one Roman Coins, in third brass, from
Heddon-on-the- Wall.— Seven ditto ditto, from Hawk's Nest, near
Brampton, in Cumberland. — Defaced Roman Silver Coin from
Housesteads.6
March 5. — Monthly Meeting.
W. J. FORSTER, Esq., Tynemouth. — Old Letters, including an Auto-
graph Letter of Edward Earl of Derwentwater.7
Lord LONDESBOROTJGH. — Miscellanea Graphica, Nos. vii. and viii.
OSSIANIC SOCIETY. — Transactions, Yol. I.
4 If the measurements agree, here seems to be the base of the fragments of a cross
from Rothbury, in the Society's possession, and described in Vol. iv. of the Arch.
JEliana, old series. In that case, three sides of the cross appear to have double sub-
jects : — The ascension and glorification of the Saviour — the heavenly host above the
dragons of darkness — the cure of a blind man — and other groups. The fourth side
s running foliage. — ED.
5 During excavations for the Border Counties Railway, two graves were discovered
in a light gravelly soil, on the banks of the North Tyne, opposite "Warden. Each
contained a scull and a number of bones ; and in one of them there was this vessel.
6 One of these Roman coins was of Constantinus Junior, with the celebrated reverse
of " Hoc signo victor eris." Another (from Heddon) was of Arcadius, who reignedj
just before the recal of the eagles from Britain.
7 Printed in Yol. i., 95.
REPORT OF THE SOCIETY OF ANTIQUARIES
Mr. JOHN FENWICK. — Cotton's Abridgement of Eecords in the Tower of
London.
April 2. — Monthly Meeting.
NETHERLANDS SOCIETY OF LETTERS, Leyden. — Fragments on Literature,
History and Antiquities.
Mr. R. W. GREY, Chipchase Castle. — Roman and other Coins.
Rev. W. FEATHERSTONHATJGH. — Roman Remains from Chester-le-Street,
viz., an Altar with an Inscription to Apollo;8 Portion of a Hand-
mill ; Samian Ware ; Handle of Amphora, &c.
His Grace the DUKE OF NORTHUMBERLAND. — A Copper Piece of Charles I.
representing 2s. 6d., found at Cockermouth Castle. — The whole of
the Coins discovered at Bremenium, during the recent excavations
there.9 — A Mass of Iron Chain-mail and several Iron Implements
from ditto.
May 7. — Monthly Meeting.
SUSSEX ARCHAEOLOGICAL SOCIETY. — Collections, Yols. VII. and IV., being
the volumes deficient in the Society's library.
ROYAL SOCIETY OF NORTHERN ANTIQUARIES, Copenhagen. — Annaler for
Nordisk Aldkyndighed, 2 vols. 8vo., 1852-53. — Mernoires des An-
tiquaires du Nord, 1 vol. 8vo., 1848-49. — Vestiges d'Asserbo et de
Sjb'borg, 1 vol. 8vo., 1854. — Antiquarisk Tidskrift, 1 vol. 8vo.,
1852-54.
Mr. VENTRESS. — Four Red-deer Horns, found at a depth of 16 feet be-
low the surface of the ground, in the Blue Bell yard, Newcastle. —
Two Creeing-troughs, found at Newcastle, one of them in Grindon
Chare.
Mr. SILVERTOP, Minsteracres. — Four Coins10 of the temporary Roman
Republic of 1849.
Mr. ALBERT WAY. — Fac-simile in Gutta Percha of the Capitular Seal of
Brechin, N.B.
Mr. PURDAY, Carlisle. — Impressions of Obverse and Reverse of Seal of
Carlisle.
Mr. SPOOR. — A small Engraved Map of the County of Durham.
June 4. — Monthly Meeting.
The AUTHOR. — Voyage a Constantinople, par Mons. Boucher de Perthes,
2 vols. 12mo , 1855.
KILKENNY ARCHAEOLOGICAL SOCIETY. — Proceedings, Vol. I., new series,
Part II.
8 Vol. i., 249. 9 Vol. i., 69. 10 One is cast, not struck.
OP NEWCASTLE-UPON-TYNK. ix.
Ilev. E. H. ADAMSON. — Obituary Notice of the late John Adamson, Esq.
The NUMISMATIC SOCIETY. — Numismatic Chronicle, No. 71.
Dr. CHARLTON. — Cronebaiik Halfpenny Token, and Halfpenny of
Charles II., with inscription, " Carolus a Carolo."
CORPORATION OF NEWCASTLE. — Two Boards painted in distemper, from
an old house recently pulled down in Castle Garth.
Mr. PIGG. — Impression of the Palatine Seal of Bishop Trevor of Dur-
ham, 1752.
Mr. W. R. BELL. — Oak and Bones, lately discovered in Christmyre,
Norton, county of Durham,11 in works connected with Messrs. War-
ner and Barrett's Iron Works.
August 6. — Monthly Meeting »
His Grace the DUKE OF NORTHUMBERLAND. — Northumberland Cabinet of
Roman Family Coins, by R. A. William Henry Smyth, 1 vol. 4to.
(privately printed).
Mr. JOHN BELL.— Tynemouth; a Paneygyrick Poem.
Mr. HODGSON HINDE. — 100 Copies, for distribution to the Members, of
Mr. Hodgson Hinde's Paper on the Position of Lothian prior to ita
Annexation to Scotland, read to the Archaeological Institute at its
Edinburgh Congress.
KILKENNY ARCH^OLOGICAL SOCIETY. — Transactions, Part III.
Mr. MAYER, Liverpool. — Catalogue of Fejervary Ivories.
Mr. HOBT. CHAMBERS, Edinburgh. — Scottish Ballads with Airs.
Ilev. E. H. ADAMSIN. — Several Etruscan and South American Painted
Vessels. — Copies of the Newcastle and Carlisle Eailway Act, and
the Morpeth Bridge Act.
Lord HAVENSWORTH. — " A Plan of a new-invented Machine to convey
11 Under 4| feet of diluvium (2 feet of yellow clay at the top, the remainder fresh-
water shells, &c.,) which was continuous, and appeared to have heen wholly deposited
upon the oak it covered, a piece of hlack oak, 1 If feet long, was found. In form
it was as if two planks, 2 or 3 inches thick, had been nailed together at right-angles ;
but here the two sides were formed by cutting away the solid trunk. It lay like the
roof of a house, three transverse pieces of oak as supporters, and under it were bones
of varying sizes, apparently of some quadruped. The field is one of the low lands of
"bottoms," between Norton and Wynyard, opposite the iron works of Warner and
Barrett ; and the whole remains were much below water-level, and lay north and
south in the south-eastern corner. In a line with them, a little farther north, was the
mouth of a square oaken chamber, constructed of two pieces of oak timber, like the
above object, thus [~I_J> an(l perhaps we have a very early attempt at draining,
which has survived the original level of all around it, Bones have been found at the
same depth in the south-western corner of the same field. A beck divides it on the
south from a field called Halliwell, or Holywell Bank Field, and, in operating upon
it, a small ochry spring was laid open.
X. REPORT OF THE SOCIETY OF ANTIQUARIES
Goods, Merchandise, Passengers, &c., from one place to another,
without horses, but by the power or force of steam only, invented
by Thomas Allen, of London, 1789."12
TOWN SURVEYOR. — A " Gospel," or portion of first Chapter of St. John,
in Latin, enclosed in a circular silk case, found in pulling down the
old houses at the Head of the Side.— Stone carved with a Thistle,
and Decorated Window Tracery, from the same locality.
Mr. RirroN. — Two fragments of Sculptured Stones, found at Blake
Chesters.
Mr. PIGG. — Richardson's Mezzotint Engraving of St. Nicholas' Church.
llev. W. PEATHERSTONHAUGH. — Two pieces of Chain Armour, corroded
into lumps, from Chester-le- Street.
September 3. — Monthly Meeting.
The EDITOR. — Canadian Journal, January, 1856.
CORPORATION OF NEWCASTLE. — Rosary of the last Century, from an old
house at the Head of the Side.
HISTORIC SOCIETY OF LANCASHIRE AND CHESHIRE. — Transactions,
Yol. Till.
12 Mr. Allen thus describes his invention : — "It is well known that steam, judiciously
applied, may be made siibscrvient to many mechanical purposes. Altho' the steam engine,
nntiil very 'lately, has been solely confined to the purpose of raising water in large
bodies from mines and coalworks, yet it is now become in general use for turning of
wheels for many mechanical arts, particularly for grinding of corn, as may be daily
seen at Albion Mills, near Blackfriars' Bridge ; also at Mr. "Whitbread's brewhousc,
and many other places in and about the metropolis : it is therefore obvious that if the
steam engine can turn a wheel for one purpose, it can for another. These consider-
ations induced me to apply it for the purpose of turning the wheels of carriages, as I
conceive that to be the most important object to the community that the steam engine
can possibly be applied to ; which, in my opinion, nothing appears more practicable ;
to illustrate which let there be a case (A) made in the form of a carravan, 6 feet in
length and 4| in breadth, in which the whole of the steam engine is contained.
Through the roof of the carravan the main or principle acting lever (B) projects. At
the end of this lever an iron rod (c) is fastened, and the other end [of the iron rod] to
an iron crank (withinsidc the carravan), by which a uniform and constant motion of
the lever (B) is kept in a regular rotation. At the extreme ends of said crank, iron
wheels [which appear externally and are cogged] is fixed, whose diameters are 12
inches. These wheels turn two others of 6 inches diameter, which are fixed to the
naves of the hind wheels of the carriage, which are 7 feet in diameter or 22 feet in
circumference ; and, as the said wheels will make 40 revolutions in a minuit, of course
the carriage will proceed on the road at the rate of somewhat better than ten miles an
hour." To this description, we may add that the " carravan" is a simple square box
with the "lever" appearing above its top, and with a tap below : — that from it pro-
ceeds a long shaft in front, on which a spring seat is placed. In this the operator had
to hold a driving rod to direct the course of the front wheels, and two ropes run from
his seat into the " carravan," no doubt to regulate the movement of the "machine "
No room for other passengers or goods appears, nor do we perceive any chimney. A
plan for locomotion by steam had been suggested in one of Watt's patents in 1784 •
but neither he nor any other inventor carried out their ideas until about 1802, when
Messrs. Trcvithick and Vivian patented a high-pressure engine, which was admirably
adapted for locomotion.
OP NB \VCASTLE-TJroX-l INE. XI.
Mr. EDW. SPOOR. — Pottery, Concrete, and other Roman Remains, from
the Camp Hill,13 Elsdon.
Rev. D. HAIGH. — Five Copperplates of Early Northumbrian Coins.
J". D. CARR, Esq., Carlisle. — Foot of Victory on a Globe. — Buskined Leg
of Roman Figure, from Stanwix Station. See Yol. i., p. 241,
Nos. 61, 62.
October 1. — Monthly Meeting.
Lord LONDESBOROTJGH. — Miscellanea Graphica, No. IX.
Mr. R. SAINTHTLL, — On some Foreign and Counterfeit Shillings, by J.
13. Rayne.
November 5. — Monthly Meeting.
Mr. JOSEPH H. HOWARD, Blackheath, Kent. — An Oval Engraving of
King James the First, his Queen, and Prince Henry.
The AUTHOR. — Proverbial Folk-lore, &c., by Mr. M. A. Denham, Pierse-
bridge.
Mr. EDW. SPOOR. — Two Stone Balls. — Portion of a Piscina. — SquareTiles.
— Portion of Brass Tube. — Earthenware Jug. — Spur. — Glass Pipes
for smoking, — all found in making excavations for cellaring in
Neville Street.14
Mr. J. H. HINDE.— A. Flash Bank-note for Is. Scots, of the year 1761.
December 3. — Monthly Meeting.
Mr. J. GREY, Dilston, — Roman Inscription, discovered in June last, at
Corbridge.15
Mr. CAPE. — Rubbing of Brass of Sir Marmaduke Constable,10 at Flanibo-
rough Church,
" 13 The three pieces of concrete I took out of what had once formed the pavement
of the principal roadway up the south side of this hill. Mr. Hall, of Elsdon Mill,
who found the pottery and iron instrument, whilst ploughing near the Camp Hill,
informed me that he found the road quite perfect, during some draining operations. I
also discovered some traces of a building at the top of this artificial mound, which
appears to have been surrounded by an earthwork battery, and the further protection
of a moat at the basement is evident." — EDWARD SPOOR,
14 The ancient well on the spot remains in the cellar. Foundations and portions of
a pillar were discovered, and Mr. Spoor suggested that here we have vestiges of the
Spital Almshouses.
« See p. 243, No. 80,
10 Sir Marmaduke (says Mr. Cape) was born in the reign of Henry the Sixth, A.D.
1443 ; and attended Edward the Fourth into France, 1475, and Henry VII., 1492.
By the former monarch he was appointed Governor of Berwick, 1482 ; and during the
absence of Henry the Eighth in France, being then 70 years of age, he accompanied
Sir Edward Howard, afterwards Duke of Norfolk, to Flodden Field (Brankston Moor)
— where, jointly with that nobleman, he commanded the third division of the English
forces, (1513). The exact period of Sir Marmaduke' s death is uncertain, but it is
supposed to have happened not earlier than 1530, when he would he 87 years old.
He lived in the reigns of six kings— Henrv VI., Edward IV., Edward V., Richard
III., Henry VII., and Henry VIII."
Xii. REPORT OF THE SOCIETY OF ANTIQUARIES OF NEWCASTLE.
Lord LONDESBOEOUGH. — Miscellanea Graphica, Part X.
KILKENNY ARCHAEOLOGICAL SOCIETY. — Transactions, No, 5, New Series.
Mr. H. PERRING, Carlisle. — Impression of massive Gold Ring, found
near Carlisle.
February 2. — Anniversary Meeting.
Rev. E. H. ADAMSON. — Ancient Clock, in ornamental Brass Case.
Mr. ROBT. STOKOE, Hexham.-— Cast of Bronze Horseman (Mediaeval).
Sir AY. C. TREVELYAN, Bart., AYallington. — Origines Parochiales Scotia3,
3 vols., 4to. — Trevelyan's Roundhead Letters. — AtthilTs Middleham
Church.
HONORARY MEMBERS OP THE SOCIETY.
ELECTED.
The Right Hon. the Earl of Aberdeen, F.R.S.,F.S.A. 1 Dec. 1813
David Hawks, Esq., Newcastle-upon-Tyne . . . . 4 Jan. 1815
Joseph Hunter, Esq., E.S.A., Record Office, Carlton Ride 3 Mar. 1819
Professor Rafn, Secretary of the Society of Ancient
Inscriptions, Copenhagen .. .. ..6 Sept. 1826
His Grace the Duke of Buckingham and Chandos, F.S.A. 3 Jaw. 1827
Charles Frost, Esq., F.S.A., Hull 5 Dec. „
David Laing, Esq., Librarian to the Signet Library,
Edinburgh . 2 Jan. 1828
Rev. Bulkeley Bandinel, D.D., Bodleian Library . . ,, ,,
Sir WalterCalverleyTrevelyan, Bart. F.S.A., Wellington 6 Feb. „
Sir Thomas Phillips, Bart., Middle Hill, Broadway,
F.R.S ., F.S.A. 4 July, 1832
Marc Isambard Brunei, Esq., V.P.R.S., London . . 5 Aug. 1835
The Right Rev. Bishop Maltby, F.R.S., F.S.A. . . 7 Sept. 1836
William Andrew Chatto, Esq., F.S.A., London . . 2 July, 1839
James Orchard Halliwell, Esq., F.R.S., F.S A. . . 5 Nov. „
John Yonge Akerman, Esq., Seer. S.A. .. ..3 Feb. 1840
His Excellency John Sigismund von Mosting, Copen-
hagen „ „
John Gough Nichols, Esq., F.S.A. . . . . . . „ ,,
Robert William Billings, Esq., 7 July „
John Richards, Esq., F.S.A., Reading . . . . „ „
Robert Bigsby, Esq., Rep ton, Burton-on-Trent . . ,, „
Richard Shanks, Esq., Risingham 3 Dec. 1841
Monsieur Dillon, late French Consul at Newcastle . . 7 Jan. 1843
Rev. J. Bosworth, LL.D., F.R.S., F.S.A „ „
Charles Roach Smith, Esq., F.S.A., London . . . . 6 Feb. 1844
W. B. D. Turnbull, Esq., Lincoln's Inn, London . . 2 Dec. 1845
John Richard Walbran, Esq., F.S.A., Ripon, Yorkshire 2 Feb. 1846
George Hudson, Esq., M.P 4 July. 1841
Charles Newton, Esq., M.A., H.B.M. Vice-Consul at
Mitylene. . .. .. .. .. ..5 Sept. ,,
Mons. Ferdinand Denis, Keeper of the Library of St.
Genevieve at Paris . . . . . . . . 3 Feb. 1851
Right Honourable Lord Talbot de Malahide, F.S.A.,
M.R.I.A., Malahide Castle, Ireland . . . . 1 Sept. 1852
XIV. HONORARY MEMBERS OF THE SOCIETY.
ELECTED .
Eev. Charles Henry Hartshorne, M.A., Holdenby . . ,, „
The Honourable Bichard C. Neville, E.S.A., Audley „ „
End, Saffron Walden ........ ,, „
Sir John P. Boileau, Bart., E.B.S,, E.S.A., M.RI.A. „ „
William Henry Blaauw, Esq , M.A., E.S.A., Secretary
of the Sussex Archaeological Society, Beech-
lands, Uckfield . . . . . . . . . . ,, ,,
Albert Way, Esq., M.A., E.S.A., Wonharn Manor,
Beigate ............ „
Kev. John Montgomery Traheme, P.S.A., late Chan-
cellor of Llandaff Cath., Coedriglan, Cardiff . . „
Edwin Guest, Esq,, LL.D., Master of Caius College,
Cambridge, ........ . . „ „
Eev. J. L. Petit, M.A., E.S.A., Old Square, Lincoln's
James Yates, Esq,, F.B.S., Lauderdale House, High-
gate ............ „
William Watkin E. Wynne, Esq., M.P., E.S.A.,
AberamfFra, Barmouth . . . . . . . . })
Sir Charles Anderson, Bart., Lea Hall, Gainsborough ,,
Daniel Wilson, Esq., LL.D., late Secretary of the
Society of Antiquaries, Edinburgh, now Pro-
fessor of English Literature in the University of
Toronto .... .... „
Anthony Salvin, Esq., P.S.A., Einchley, Middlesex
Sir William Lawson, Bart,, E.S.A., Brough Hull
John Mitchell Kemble, Esq., M.A., London
William Beamont, Esq., Warrington
Henry Maclauchlan, Esq.
Mark Antony Lower, Esq., E.S.A., Lewes . . . . 1 Jjec.
Charles Bridger, Esq., 3, Kepple Street, London . . 3 May, 18")4
Eichard Sainthill, Esq., Cork . . . . . . 6 Dec.
William Webster, Esq., Isle of Man
John Lindsay, Esq., Cork
Joseph Jackson Howard, Esq., E.S.A., .Blackheath,
London . . . . ...... 3 jan% 1855
Aquilla Smith, Esq , M.D., Dublin . . . , . .14 April,
The Eight Honourable Lord Londesborough, E.E.S.,
F.S.A .............. 2 May,
ORDINARY MEMBERS OF THE SOCIETY.
ABBOTT, John Thomas, Stamp Office, Darlington, Durham
Adamson, Rev. Edward Hussey, Heworth, Durham
Allan, Robert Henry, F.S.A,, Blackwell Hall, Darlington, Durham
Atkinson, George Clayton, West Denton, Northumberland
Atkinson, Rev, William, Gateshead Fell, Durham
Austin, Thomas, Newcastle-upon-Tyne
Baker, Thomas, Newcastle-upon-Tyne
Barker, C. D., Newcastle-upon-Tyne
Beaumont, Wentworth Blackett, M.P., Bywell, Northumberland
Bell, Thomas, Newcastle-upon-Tyne
Blackett, Sir Edward, Bart., Mat fen Hall, Northumberland
Blackwell, John, Newcastle-upon-Tyne
Brockett, William Henry, Gateshead, Durham
Bruce, Rev. John Collingwood, LL.D., F.S.A., Newcastle-upon-Tyne
Bulman, John, Newcastle-upon-Tyne
Burdon, George, Heddon-on-the-Wall, Northumberland
Cail, Richard, Newcastle-upon-Tyne
Carr, Ralph, Dunston Hill, Durham
Charlton, Edward, M.D , Newcastle-upon-Tyne
Charlton, William Henry, Hesleyside, Northumberland
Clarke, Rev. John Dixon, M.A., Belford Hall, Northumberland
Clavering, Edward, Callaley Castle, Northumberland
Clayton, John, Newcastle-upon-Tyne
Collingwood, Edward, Dissington, Northumberland
Coulson, Lieutenant-Colonel, Blenkinsop Castle, Northumberland
Cresswell, A. J. B., Cresswell, Northumberland
Crighton, William, Newcastle-upon-Tyne
Cowen, Joseph, Newcastle-upon-Tyne
Crookes, St. John, Sundeiiand, Durham
Dangerfield, John, 68, Chancery Lane, London
Dees, Robert Richardson, Newcastle-upon-Tyne
Dickson, William, F.S.A., Alnwick, Northumberland
Dixon, Dixon, Newcastle-upon-Tyne
Dobson, John, Newcastle-upon-Tyne
Dodd, William, Newcastle-upon-Tyne
Dunn, Archibald, Newcastle-upon-Tyne
Dunn, Martin, Newcastle-upon-Tyne
Xvi. ORDINARY MEMBERS OF THE SOCIETY.
Ellison, Nathaniel, Morton House, Durham
Everett, Rev. James, 4, St. Thomas' Crescent, Newcastle-upon-Tyne
Eyre, Very Rev. Consignor Charles, 6, Derwent Place, Newcastle -
upon-Tyne
Falconar, John Brunton, sen., Newcastle-upon-Tyne
Falconar, John Brunton, jun., Newcastle-upon-Tyne
Featherstonhaugh, Rev. Walker, Edmondbyers Rectory, Gateshead
Fenwick, John, F.S.A., Newcastle-upon-Tyne
Feuwick, John Clerevaulx, Newcastle-upon-Tyne
Fisher, Robert, Newcastle-upon-Tyne
Forster, William John, Tynemouth, Northumberland
Gilpin, Benjamin, Newcastle-npon-Tyne
Gray, Thomas, Newcastle-upon-Tyne
Green, Benjamin, Newcastle-upon-Tyne
Green well, Rev. Willam, M.A., Durham
Gregson, Thomas Leslie, Newcastle-upon -Tyne
Hawks, George, Gateshead, Durham
Hiude, John Hodgson, Acton House, Northumberland
Howard, P. H., F.S.A., Corby Castle, Cumberland
Heath, William
Ingham, Robert, M.P., Westoe, Durham
Ingledew, Henry, ISTewcastle-upon-Tyne
Kell, William, F.S.A., Gateshead
Lamb, Joseph, Ax well Park, Durham
Langhorne, John Bailey, Richmond, Yorkshire
Latimer, W. J., Newcastle-upon-Tyne
Laws, Cuthbert Umfi-eville, Newcastle-upon-Tyne
Leadbitter, Robert, Ryton, Durham
Longstaffe, William Hylton Dyer, F.S.A., Gateshead
Mather, Edward, Newcastle-upon-Tyne
Mewburn, Francis, Darlington, Durham
Monck, Sir Charles M. L., Bart., Belsay Castle, Northumberland
Mossman, David, Newcastle-upon-Tyne
Mounsey, George Gill, Carlisle
Noel, J. A., North Shields, Northumberland
Northumberland, His Grace the Duke of, KG., F.R.S., F.S.A., Alnwick
Castle
ORDINARY MEMBERS OF THE SOCIETY, XV11.
Oliver, Thomas, jun., Sunclerland
Ord, Rev. J. Blackett, Newcastle- upon-Tyne
Ormston, Robert, Newcastle-upon-Tyne
Ossulston, The Right Honorable Lord, Chillingham Castle
Pigg, Thomas, Newcastle-upon-Tyne
Raine, Rev. James, sen., M.A., Crook Hall, Durham
Raine, Rev. James, jun., M A., Crook Hall, Durham
Ravensworth, The Right Honorable Lord, Ravensworth Castle
Raymond, The Venerable Archdeacon
Ridley, John, Newcastle-upon-Tyne
Ridley, Sir Matthew White, Bart., Blagdon, Northumberland
Reed, Stephen, Newcastle -upon-Tyne
Robson, Robert, 7, Walworth Street, Sunderland, Durham
Salmon, Robert Stephen, Newcastle-upon-Tyne
Scott, W. B., Newcastle-upon-Tyne
Sopwith, Thomas, Newcastle-upon-Tyne
Spoor, Edward, Newcastle-upon-Tyne
St. Paul, Sir Horace, Bart., Ewart Park, Northumberland
Storey, John, jun., York
Swinburne, Sir John Edward, F.R.S., F.S.A., Capheaton, Northum-
berland
Taylor, Hugh, Earsdon, Northumberland
Taylor, Thomas John, Earsdon, Northumberland
Thorpe, The Yenerable Archdeacon, Ryton, Durham
Thorpe, Rev. Charles, Ellingham
Turner, Henry, Newcastle-upon-Tyne
Turner, Robert, Newcastle-upon-Tyne
Thompson, Edward, Newcastle-upon-Tyne
Ventress, John, Newcastle-upon-Tyne
Waldie, John, Henderside Park, Kelso
Warden, G. C., Newcastle-upon-Tyne
Wheatley, Matthew, Newcastle-upon-Tyne
White, Robert, Newcastle-upon-Tyne
Williamson, Rev. R. H., Lamesley
Woodman, William, Morpeth
XV111.
JOHN FENWICK, ESQ., IN ACCOUNT WITH THE
Dr.
1856. £. s. d.
March 11. — To Cash of Charles Murray Adamson, Esq., being the Balance
of Cash in the hands of the late John Adamson, Esq., the
Treasurer of the Society at the time of his death .. ..63 5 8
To Subscriptions . . " . . . . 46 4 0
By Balance due the Treasurer 29 5 0
Examined and found correct,
ROBERT
MARTIN
Ftbnwry ?, 18o7.
£138 15 5
EDWARD CHARLTON , ESQ., M.D., IN ACCOUNT WITH THE
CASTLE
3Br,
To Balance in hand last year . . 93 '4
„ Amount of Cash received at Castle from Feb. 9, 1856, to Jan. 31,' 1857,' 66 15 8
£75 19 0
SOCIETY 9 ACCOUNTS.
SOCIETY OF ANTIQUARIES OF NEWCASTLE-OBT-TYNE.
1856. £. s. d.
Feb. 7. — By paid John Hernaman's Bill .. .. .. .. ..050
Mar. 6. — ,, Postage Stamps 050
„ „ T. & J. Pigg, for Binding and Printing 40 8 3
,, ,, Courant Proprietors, for Advertising . . . . . . 050
7. — ,, George Andrews, for Surtees Society Publications . . . . 4 10 0
25. — ,, Newcastle Fire Office, for Insurance in the name of Sir John
Edward Swinburne, Bart 126
26. — ,, Henry Paxton, Warder, one quarter's salary. . . . 2 10 0
April 2.— „ D. Dunglinson's Bill for Printing 276
,, ,, Gateshead Observer, for Advertising , . . . . . ..056
May 17. — ,, Henry Paxton, Warder's Salary .. .. .. .. 2100
June 6. — ,, Charles Roach Smith, for Faussett's Inventorium Sepulchrale,
and Post-office Order 226
23. — ,, John Rogerson, for Coals .. .. .. .. .. 1 12 0
24. — ,, Corporation Rent, due Lady-day last . . . . . . ..026
July 5. — ,, a Parcel from the Duke of Northumberland . . . . 002
18. — ,, Gas Company, for Gas and Fittings .. .. .. ..5108
22. — ,, George Andrews, for Hutton Correspondence . . . . 076
Aug. 2.— „ Warder's Salary <. . . . 2 10 0
6.— „ John Bell, for Local Music 150
,, ,, W. II, D. Longstaffe, for preparing Index . . : ..550
Sept. 3.— „ Messrs. Spoor & Son's Bill 5180
4.— „ Messrs. T. & J. Pigg's ditto 35 3 8
5 — „ D. Donkin's ditto _ . . 251
9. — ,, Post-office Order in favour of Mr. John Russell Smith, for
Simms' Manual for Genealogists . . . . . . . . 0 10 9
Nov. 7- — ,, D. Dunglinsou's Bill for Printing 336
,, ,, Subscription to the Surtees Society for 1854, 1855, and 1856 3 3 0
14.— „ Gas Rent 099
15 — „ Warder's Salary 2100
18. — ,, Mr. Holdstock, for transcription of Latin Poems .. 2 10 0
Dec. 11. — ,, John Ventress, for a Packing-case .. .. .. ..026
1857.
Jan. 7.— ,, Surtees Society, Subscription towards Bishop Hatfield's
Survey . . ' 550
8.-— „ Robert -Cooper, for Brushes, &o 0 10 7
16. — ,, W. J. Bell, for Gentleman's Magazine 360
23. — ,, Hemaman's Bill for Advertising 040
,, ,, Newcastle Chronicle for ditto . . . . . . . . 096
£138 15 5
SOCIETY OF ANTIQUARIES OF NE WCASTLE-TTPON-TYNE.
ACCOUNT.
Ci%
£. s. d.
By Paid Dr. Bruce on account of woodcuts ., .. .. .. 1000
„ Warder's Salary .. 4616 0
,, Sundries . . . . . . . . . . . . . . . . 315
„ Balance in hands 1617
£75 19 0
OFFICERS FOR M.DCCC.LVII.
HIS GRACE THE DUKE OF NORTHUMBERLAND, K.G.
SIR JOHN EDWARD SWINBURNE,' BART.
THE RIGHT HON. LORD RAYENSWORTH.
SIR C. M. L. MONCK, BART.
JOHN HODGSON HINDE, ESQ.
JOHN CLAYTON, ESQ.
JOHN FEXWICK, ESQ.
EDWARD CHARLTON, ESQ., M.D.
THE REY. JOHN COLLINGWOOD BRUCE, LL.D.
Council
THE REY. EDWARD HUSSEY ADAMSON.
THOMAS BELL, ESQ.
WILLIAM DICKSON, ESQ.
JOHN DOBSON, ESQ.
MARTIN DUNN, ESQ.
WILLIAM KELL, ESQ.
W. HYLTON DYER LONGSTAFFE, ESQ.
THE REY. JAMES RAINE, Jux., M.A.
EDWARD SPOOR, ESQ.
MATTHEW WHEATLEY, ESQ.
ROBERT WHITE, ESQ.
WILLIAM WOODMAN, ESQ.
ARCHJEOLOGIA J2LIANA.
THE CHURCHES OF DURHAM AND HEXHAM.
THE LA.WSON MS.
THE beautiful MS. preserved at Brough Hall, near Catterick, which,
furnished so many characteristic illustrations to Mr. Raine's " Saint
Cuthbert" has, with Sir William Lawson's usual liberality, been sub-
mitted for examination and notice in the Society's Transactions. "We
need not enlarge upon the importance of thoroughly ascertaining the
contents of a MS. of so much intrinsic value.
Not later than 1210 is its date. Perhaps we should rank it rather
earlier in time. Its illuminations are the work of English artists, and
their general outline are already familiar to the public by the examples
engraved. Brilliant as they are, their treatment is chaste and simple.
It is remarkable that no emblem of St. Cuthbert occurs. We neither
find his usual accompaniment, St. Oswald's head, nor anything to throw
light upon the form of St. Cuthbert' s cross at the date of the book.
Nor do we remember the introduction of " St. Cuthbert' s Ducks."
The volume commences with a full length figure of St. Cuthbert
(Raine, 14), his right foot clasped by a recluse; and a representation of
the scribe at work. Then follows " Liber Sancti Cuthberti," which
is the prose " Yita Sancti Cuthberti" of Beda. After the usual pre-
fatory epistle to the Lindisfarne congregation, is the epistle to the
presbyter John which usually appears before Beda's metrical Life of
the Saint.
In the illumination to Cap. xviii., the spades used by Cuthbert and
one of the brethren in digging a well in the Saint's dwelling are wholly
of wood, save a binding on the edge. The handle too is fixed to one
side of the implement. Exactly the same spade is seen in the Bayeux
NEW SERIES. VOL. II. B
2 THE CHURCHES OF DURHAM AND HEXHAM.
Tapestry employed by the persons who are digging a castellum at Hast-
ings.1
The figures represented as lying in bed in this MS. are in all cases
clothed with a white garment.
The Yita St. Cuthberti is followed by the additional miracles narrated
in Beda's Ecclesiastical History, Book iv., cap. xxxi., xxxii.
The remainder of the book is filled with miracles by other hands.
"We have the story of King Alfred and the beggar, the voyage of the
monks with the holy body in the Irish Sea, their wanderings, the sac-
rilege and punishment of Onlafbal,2 all of which first occur in the old
Historia Cuthberti in Twysden's Decem Scriptores. The swallowing
up, in Guthred's days, of an invading Scotch host "in loco qui Anglo-
rum lingua Mundingedene usque ad prsesens nuncupatur," succeeds.3
In these narratives there is much of the language of Symeon's shorter
notices transferred from his History of the Church of Durham, and we
really believe that they are also his composition.
It will be remembered that in mentioning the overthrow of the
Scotch host, Symeon says, " Qualiter autem gestum sit alibi constat
esse scriptum :" and in page 174 he says, " Quo tempore et illud quod
alibi plenius legitur super Barcwid miraculum contigit." This latter
miracle comes next in the Lawson MS., and is printed in Bollandus,
March 20, p. 134. The flight to Lindisfarne in 1069 follows, with
an attestation "nobis," and corresponds with the account in Symeon,
and is in many of his words.
The story of Mundingdene (which in an authority quoted by Leland
is stated to be one mile south of Norham),4 though more imposingly
told, gives no further information than what Symeon affords.5 The
story of Barcwith, a soldier of Earl Tosti, is more interesting. The
Earl had laid a notorious thief, murderer, and incendiary, called Aldan
Hamal,6 in heavy irons in the town of Durham, and refused all ransom
for him. The thief endeavours to rid himself of the fetters, and flee to
the monastery, and the Earl doubles his vigilance to prevent him. He
1 Brace's edition, pi. xi., p. 116.
2 A pagan king called Rcginwaldus (Reingwald, Sijmeon) invaded Yorkshire,
and afterwards occupied the whole land of Saint Cuthbert, and divided his towns
equally between two powerful soldiers in his ranks. " Quorum unus Scula [yulga-
liter~\ vocabatur, alter vero {secundum stuz gentis proprietateni] Onalafbal appellaba-
tur." The words in Italics are not in Symeon or Bollandus.
3 Vide Symeon, 122 ; Reginald, 149.
4 De Episcopis Lindisfarn. et Dunelm., vol. ii., 329. See also the miracle men-
tioned in vol. ii., 372, from an anonymous work, "Episcopis Lindisfarnensibus."
5 Hist. Dun. 122.
6 Haldanhamal. Bollandus.
THE CHURCHES OF DURHAM AND HEXHAM. 3
appeals to St. Cuthbert, promises amendment, and his fetters loosen.
Shaking them off, he eludes his unsuspecting custodiers, enters the
monastery, and fastens all the gates from within. Barcwith7 " qui
omnes in curia potestate precessit," proceeded to the gates, asked why
they should delay to break them open, and declared that it was intoler-
able that " the peace of this dead man" should protect robbers and
homicides. He was instantly struck as by an arrow, and crying out in
torment was borne ad hospitium, where he died the third day, at the
same hour. His grave for a year gave out a stench that caused all pas-
sengers to avoid its proximity. All the parties to the violence, fearing
the like revenge, collected gold and silver and gems not a few, and laid
them on the Saint's sepulchre ; and from them were made a cross of
marvellous work, and the cover of gold and gems for a copy of the
Evangelists, which things remained in the days of the writer.
In the next chapter the murderers of "Walcher are represented as fly-
ing to the woods and unknown places.8 The people at large, confiding in
their innocency, and the protection of the Saint, take their goods to his
monastery. Some are in the castle, A theft is committed by a traitor
watchman, and the thief returns in torments.
The next chapter relates to the reign of "William Eufus. A concourse
of people are assembled at the annual festivities on the anniversary of
the Saint's translation. A man brings a horse to sell at Durham on the
occasion, and sets it to feed on the laid up grain of the church, and per-
sists in his offence. The horse suddenly dies.
The same King and Malcolm King of Scots are at war. Malcolm
puts to flight the Northumbrians. Some retire to the woods, &c. ;
others, " et prascipue qui proprie Sancti Cuthberti populus dicuntur,"
betake themselves as usual, on account of the protection of the Saint,
to Durham, which scarcely holds the concourse of men and cattle. The
cemetery is full of the latter. Malcolm arrives. A multitude of women,
boys, and children surround the walls of the church, and disturb the
choristers within. The Scots, moved by some sudden fear, move off. The
Bishop is restored from exile the same time, and his officials enter as
the emancipated people depart.
The Prsepositus of the monastery, earnest for the good of the church
and people, goes into the parts of the South English with people not a
few, and two of the brethren. One is dead at the time of the writer,
the other with the Prapositus survives and tells the tale. One winter's
night the company are received in a town, and a narrow cottage re-
7 Barwic. Bollandus.
4 THE CHURCHES OF DURHAM AND HEXHAM.
mains for the monks, with no accommodation for their horses. They
put them up at a neighbouring house, by leave of a lady, whose hus-
band is from home. He returns, and furiously commands them to be
turned out. A brother, sent by the Prsepositus, endeavours to calm him,
and asks his hospitality for St. Cuthbert's sake. He refuses, is almost
insane with anger, and falls as if dead, to arise a humbled admirer of
St. Cuthbert.
The Saint renews a miracle in the writer's own days. A famine oc-
curs at Easter, when, after Lent, food is most necessary to the weak.
The sea heaves on the shore a number of great fishes at Lindisfarne
island, but on a spot belonging to another and not to the brethren. The
tithe of old time, by the custom of the province belonging to the church,
is refused in so much abundance. The brethren are relieved by a simi-
lar gift of dolphins left on their own shore.
Robert de Mowbray (Mulreio) vexes the church. He takes away
the church of Tinemouthe and gives it to Paul, an abbot, at a distance.
Paul is seized with sudden disease at first seeing his new church, and
is borne dead to the home he had left in health. The earl falls from
his high estate, Tinemuthe shares in the history of his ruin, and he
lives in chains at the date of the history.
A south-country clerk, vexed with fever, undertakes a long and pain-
ful journey to Durham, and is cured bypassing the night before the
tomb of St. Cuthbert.
A thief steals a girdle from the ass-herd of the church, and is struck
almost blind.
The Northumbrians afEict one another with thefts. Lindisfarne is
exempt by its sanctity. A Northumbrian has a fine and valuable
horse, and takes it thither for safety. A thief rides it away at the
time that the passage between the land and the island is dry. The sea
suddenly rises, and he is almost drowned. He prays to the Saint, re-
gains the island, looks back at the passage, finds it dry, and crosses it
dryshod.
Durham Cathedral is rebuilt in a comely fashion. Wood is brought
to it from a distance, and of such bulk that eight oxen can barely draw
it. At the gate of the city a rest is given to the oxen, that they may
be refreshed for climbing the hill. The boys of the place play upon
the apparatus (machinam} on which the wood was borne. An ox be-
comes excited, the beams move, and a boy has his leg crushed by the
fall of wood which scarce sixteen men can lift. The boy is unhurt.
^ A ship in the service of the church, laden with goods, is seized by
pirates. A storm arises and casts it on Lindisfarne island.
THE CHURCHES OF DURHAM AND HEXHAM. 5
The narrative of the tradition of the saint's body in 1104, printed in
Holland's Acta Sanctorum, and Raine's St. Cuthbert, p. 75, follows.
The day appointed for the translation is stated to be "iiij kal. Septem-
bris" (Aug. 29). A subsequent hand has altered this to "iiij nonas
Septembris" (2 Sep.) The feast of the translation was kept on 4 Sep.
" Facta est hsec incorrupta corporis manifestatio sive translatio post
annos depositionis ejus quadringentos xviij et v. menses et duodecim
dies. Hie est anno ab Incarnatione Domini M° C° iiij0 qui est quintus
annus regni Henrici, episcopatus vero Rannulfi sextus."
A miracle succeeds, which stands in Bollandus as Chapter III. of
the Historia Translationis.
The copy of St. John read by Cuthbert with the dying Boisil (Beda's
Life of the former, cap. viii.), was preserved at Durham in a bag of red
leather, which, by means of a strap of silk, dissolved by age into threads,
hung, as was said, around the necks of Boisil and his pious disciple.
The Bishop, in his sermon at the translation, displayed this book to the
people. A bearer holds the pouch and carelessly allows one of the Bi-
shop's officials to steal one of the threads of the suspendiculum. The
thief hides it between his stockings and shoes. At night his leg against
which the thread had been is seized with a tremor. He restores the
thread and is cured.
The same prior orders a bell of great weight to be made at London
for Durham Cathedral. It is placed on a wooden conveyance of much
strength and cleverness in construction, and is drawn by 22 oxen. A
careless youth is drawn under the wheel by his tunic, and is passed over
without hurt. He accompanies the bell to Durham in order to return
thanks to the Saint.
Hegge in his Legend of St. Cuthbert says of Bishop Pudsey that he
built " the Galilie or our Ladie's Chappell, now called the Consistorie,
into which he translated St. Beed's bones, which there lyes interred
under a tombe of black marble without an inscription. From this
place I conjecture the great bell in the Abby hath its name, and per-
chance is the same which in an old manuscript I finde to be drawne
from London to Durham by two and twentie oxen."
We then have a series of more well-known narrations — The miracle
at the ecclesiola virgea, in the words of Symeon, p. 146 of Budd's edi-
tion— The history of " Gillemichael," by Symeon, p. 186 — Symeon's
Vision of Boso, p. 238— Symeon's Preface, p. 1, with a portion of p.
225 — Symeon's cap. lx., p. 217, with a portion of p. 226, commencing
" Denique," &c. — His cap. Ixiv., Ixv., p. 229 — The greater part of his
cap. Ixvii., p. 234 — Part of his cap. liii., p. 192, and of cap. Ivi., p. 200
6 THE CHURCHES OF DURHAM AND HEXHAM.
—Part of cap. Iviii., commencing with the 1st line of p. 209, and end-
ing with occubuit on the same page — Cap. lix., p. 213.
This is a strange jumble of Symeon's chapters, and from some of the
omissions I am inclined to think that the scribe was copying from an
early MS. of Symeon anterior to his finished work.
"Explicit" — after which word the book ends with the follow-
ing chapter, the conclusion of which, in relation to the church of Etex-
ham and English personal names, is very interesting : —
Quo anno sanctus Cuthbertus ordinatus est, et quantum amabatur et vvne-
rabatur db antiquis Regibus.
Anno dominicae incarnationis sexcentesimo lxxx°v°. ordinatus est
beatus pater Cuthbertus in ipsa sollempnitate paschali, id est vij°. kal.
Aprilis, ad Lindisfarnensem ecclesiam, Egfrido rege presente, et semp-
tem ad ejus consecrationem venientibus episcopis. In quibus Theodorus
primatum tenuit sub papa Agatone. In die ordinationis Sancti Cuth-
berti comnmtaverunt ipse [sic] Eata sedes episcopales, communi con-
silio Egfridi regis et Theodori archiepiscopi et aliorum, scilicet Ceadde
et Cedde et aliorum quinque episcoporum et omnium majorum. Sicque
Eata apud Hestelham sedit. Sanctus vero Cuthbertus Lindisfarnensem
cathedram optinuit.
Cujus Lindisfarniae terminus est a fluvio Tvcda usque ad "Warnemu-
tham ; et inde superius usque ad locum ubi aqua Warned oritur juxta
montem Hiberdune : et inde usque ad nuvium Bromwich : et inde
usque ad nuvium Tyl. Et terrain illam ultra Tvedam a numine Edre
ab aquilone usque ad locum quo cadit in Tvedam : et totam terram quse
jacet inter istum nuvium Edre et alterum qui vocatur Ledre : et totam
terram quae pertinet ad monasterium sancti Baldredi quod est in Tynig-
ham, a Lambremore usque ad Esmude.
Et dederunt rex Egfridus et archiepiscopus Theodorus terram in Ebo-
raco sancto Cuthberto, a muro sancti Petri usque ad magnam portam
occidentalem, et usque ad murum civitatis versus austrum. Et dede-
runt eis villam quas dicitur Creich, et tria miliaria in circuitu ut ibi
posset manere in eundo et redeundo de Eboraco. Ibi sanctus Cuthbertus
congregationem monachorum et abbatem nomine Gevem, ut quidam
dicunt, statuit. Huic adjecerunt civitatem Luel, id est Carleol, et
in circuitu quindecim miliaria, et ibi sanctus Cuthbertus congre-
gationem sanctimonialium et abbatissam ordinavit et scolas ibi consti-
tuit.
Postquam vero sanctus Cuthbertus suscitavit puerum a mortuis in
villa quse dicitur Exanforda, dedit ei rex Egfridus terram quae vocatur
Ceartmel, et omnes Britanni cum eo et villam quse dicitur Sudgedlin et
quicquid ad earn pertinet. Haec omnia bonus abbas Cyneuerth sub sancto
Cuthberto ordinavit sapienter ut voluit.
Ea tempestate pugnavit rex Egfridus contra regem Merciorum Wlfere
nlium Pendici, et caeso exercitu ejus fugavit eum. Postea dedit Egfri-
THE CHURCHES OF DURHAM AND HEXHAM. 7
dus rex sancto Cuthberto Meylros et Carrum et quicquid ad earn per-
tinct.
Non multum post hunc Egfridum successit in regnum Ceolfus filius
Cuth wining seque sancto Cuthberto subdidit, et dimisso regno cum uxore
pro amore Dei se cum magno tesatiro ad Lindisfarnense monasterium
contulit, barbam deposuit, coronam accepit, et sancto Cuthberto villam
dedit, nomine Werkewrthe cum suis appendiciis. Sed post hoc quidam
rex nomine Osbertus "Werkewrthe abstulit sancto, sed post annum
vitam cum regno perdidit. Post eum regnavit Elle qui bene promisit,
sed male egit. Abstulit enim sancto duas villas Byliugham et Yleclif,
sed cito per Vbban ducem Fresonum fugatus et caesus vitam dedecorose
finivit.
Statim post Ceolwfum factum monachum obiit sanctus Cuthbertus, et
successit Eddred episcopus qui reedificavit ecclesiam in Norham, et
transportavit illuc corpus Ceolfi regis, ipsamque villam dedit sancto
Cuthberto, et Gedewrthe, et alteram Gedewrth, et edificavit villam
Geinsford, deditque earn sancto Cuthberto, Et postea edincavit Biling-
ham et Yleclif, et Wicheclif, deditque sancto.
Quando sanctus Cuthbertus factus est monachus, regnabat Oswigius,
et alii dicunt quod iste fuit Oswiu frater Oswaldi regis, et interfecit
Oswinum regem Berniciorum filium Osrici regis Edwini filii. Mortuo
Oswigio regnavit filius ejus ; post eum Ceolfridus ; et post hunc Gun-
dredus qui per sanctum Cuthbertum apparentem per visionem abbati
Eddredo in Luercestre, factus fuit rex, Eardulfo episcopante anno ab
incarnatione Domini octingentesimo nonogesimo. Post hunc Elfredus
qui dedit sancto totam terram inter Tesam et Tynam.
Isti Gudredus et Eluredus reges adjecerunt Dunelmensi episcopatui
omnia quse ad episcopatum Haugustaldensem pertinuerunt. Per quin-
quaginta enim et quatuor annos ante devastationem Northymbriae sedes
episcopalis ibi cessaverat. JEluredo defuncto, regnavit filius ejus
^Edwardus, et post hunc Edelstan filius ejus, et post Edmundus frater
Edelstan. Quo mortuo anno Dominicse incarnationis nongentesimo
quadragesimo octavo, Eluredum9 fratrem heredem regni reliquit. Hii
omnes cultores Sancti Cuthberti leges ejus et privilegia confirmaverunt
et servaverunt, et terras cum multis aliis donariis sancto contulerunt.
Sed Edred moriens reliquit heredein filium fratris sui Edmundi, nomine
Edwi, malignee mentis hominem, omnibus odiosum. Hie a finibus
tocius AngliaB expulit Sanctum Dunstanum de incestu eum corripien-
tem. Unde omnes ab Ymbre usque ad Tamisiam contra Edwinum
offensi ultra Tamisiam eum fugaverunt, et juniorem fratrem suum
regem fecerunt, nomine Edgarum. Qui, cum multos annos feliciter
regnasset, filio suo Edwardo, qui jacet in Scatecberi, regnum moriens
reliquit. Qui, in brevi novercali fraude occisus, Edelredum fratrem
heredem habuit. Deinde Knud regno Anglorum potitus, et ad Dunel-
murn veniens per quinque miliaria a loco qui Garmundi Yia dicitur
nudis pedibus incedens ad sepulcrum Sancti Cuthberti venit, et ibi op-
tulit ei et dedit liberam et quietam Steindrop cum omnibus appendiciis
suis.
9 An error for Edredum.
8 THE CHURCHES OF DURHAM AND HEXHAM.
Post hunc regnavit Edwardus films Edelredi et Ernmse. Qui, primo
anno regni sui monachum quendam nomine Egelricum de Euro episco-
pum prefecit ecclesiaB Dunelmensi, sed, earn regere non valens, ad pro-
prium monasterium rediit, sicque sine episcopatu vitani finivit.
Postea anno Dominicse incarnationis M° Ixxiij0, sui regni anno octavo,
"Willielmus rex post Haraldum occisum potentissimus versus Scotiam
regnum suura visurus, et siqui ei rebelles essent subditurus ad sanctum
Cuthbertum oraturus venit. Cui sciscitanti de vita et miraculis sancti,
et de antiquitate et origine episcopatus, prudentiores ecclesise dixerunt
ei Sanctum Oswaldum regem, accito Sancto Aidano de Scotia, sedem
episcopalem in Lindisfarnensi insula primitus instituisse et ci dedisse.
Dixerunt etiam quomodo rex Egfridus et Theodoras archiepiscopus in-
vitum de solitaria vita extractum episcopum fucerunt, et quanta vene-
ratione ab eodem rege dum vixit semper habebatur, et a subsequentibus
Christianis regibus post mortem quantum diligebatur et quomodo omnia
ad eum pertinentia semper augmentabant et sua auctoritate confirma-
bant, ut in perpetua libertate et quietudine permanerent, et cum omni-
bus consuetudinibus ut ipsi in sua inanu habuerant. Haec cum rex et
alia multa audisset, propria manu, cum auro et pallio in perpetuum
servanda tribuit, libere et quiete Deo et Sancto Cuthberto et Walchero
episcopo Waltham cum omnibus appendiciis suis dedit et quinquaginta
mansiones in Lyndesia, et adjecit postea Willielmo episcopo WeHetonam
«t Houedene cum omnibus suis appendiciis, cum saca et socna, et omni-
bus legibus sicut ipse in propria manu habuit.
Isto eodem rege Willielmo laudante et concedente, Edgarus rex
Scoti® donavit et reddidit Sancto Cuthberto et Willielmo episcopo, in
Lodoneio Berewich cum omnibus suis appendiciis, et monachis in
-ecclesia Dunelmi Deo et Sancto Cuthberto servientibus Coldingham
cum suis omnibus appendiciis sicut in carta continetur quam ipse et
fratres sui propria manu signaverunt et firmaverunt.
Edwardm qui regnavit ante Willielmum fuit filius Ethelredi regis.
JEthelredus fuit filius Eadgari regis. Eadgarus fuit filius Eadmundi
regis. Edmundus fuit filius Edwardi regis senioris. Edwardus senior
fuit filius Ealuredi regis. Iste Eluredus rex Australium Anglorum, et
Guthred rex Norhanhynbrorum primi statuere Sancto Cuthberto omnes
leges suas et consuetudines ; eique ad increnientum sui episcopatus
adauxit Episcopatum Hagustaldensem qui antiquitus erat Wlfridi : et
hoc statuerunt et firmaverunt cum consensu totius Anglias sicut inveniri
potest in antiquissima scriptura chronica. Et in fine decretorum
suorum excommunicationis sententiam protulerunt in eum qui sua sta-
bilita presumeret convellere. Legat antiquam scripturam qui voluerit.
Post illud tempus episcopi apud Sanctum Cuthbertum ilium locum
tenuerunt, et ibidem, scilicet, in Hagustald' suos presbiteros statuerunt,
-et prepositos. Edmundus episcopus ibi constituit prepositum ULKILLUM
ArUlles sune, Wincunes sune.™ Et post eum Egelricus episcopus posuit
ibi prepositum COLLANTJM ; et post Collanum, YLKILLUM Iluinges sune ;
et post Egelricum Ealgelwinus episcopus constituit ibi prepositum
VTHEEDTJM Vlkilles sune.10 Iste TJthredus est pater Cospatrici qui nunc
10 One of these names must surely be our Wilkinson.
THE CHURCHES OF DURHAM AND HEXHAM. 9
est vicecomes in Tevietedale. ELTTEEDUS Westou sune secretarius Dunel-
mensis ecclesiae dono domini sui Edmundi Episcopi tenuit ecclesiam de
Hagustaldaham ; et postea posuit in ea presbiterum GAMEL elde, qui
dictus est GAMEL HAMEL ; et postea posuit ibi presbiterum GAMEL iunge.
Iste Eluredus partein de reliquiis Episcoporum, qui apud Hagustal'h*
antiquitus fuerant ibidemque sepulti, transtulit Dunelmo, et cum Sane to
Cuthberto incorrupto collocavit. Post Eluredum films ejus EYLEF
LAWREF, thesaurarius Dunelmensis ecclesia3, ab Egelrico et Egelwino
Episcopis Dunelmensibus tenuit ecclesiam de Hagustal'h', ponens ibi
presbiterum SPEOH. Habuit illam quamdiu terra erat inhabitata. Post-
quam enim Franci venerant in Angliam, et Eobertus comes cum sep-
tingentis militibus occisus esset in Dunelmo, quinque diebus ante puri-
ficationem Sanctae Maria3, atque post eodem anno castella Eboraci a
Danis atque Anglis destructa ; magnaque multitude Erancorum fuerat
occisa : ad vindictam horum omnium, Willielmo rege cum magno super-
veniente exercitu et per mensem Decembrem, Januarium, Februarium,
omnia vastante, fugientibus omnibus ubi latere poterant, et etiam extra
patriam peregrinantibus, tota terra ab Umbra usque Tvedam per multum
tempus in solitudinem redacta est, praeter Eboracum et Dunelmum et
Benbanburc. Tune Egelwino episcopo, propter timorem regis Willielmi,
episcopatum fugiente per duos pene annos, pastore vacabat ecclesia.
Interim VCTEED Vlkilles sune, quern ut supradictum est episcopus
Egelwinus constituerat in Hagustal'h' prepositum, ad Thomam archie-
piscopum seniorem profectus, indicavit locum talem facile ilium posse
sub dominium suum redigere, cum tota ubique terra vacaret cultore.
Cujus hortatu archiepiscopus intravit Hagustalham, nullotunc existente
episcopo in Dunelmo, terra ubique vastata ; nee aliquo prohibente ubi
quisque vellet habitare. Post hsec EZLAF LAWREU cum offerente Wil-
lielmo episcopo monachatum recusaret, ad Thomam archiepiscopum
abiit, et tune ab eo Hagustaldensem ecclesiam recepit, quam quondam
ab Egelwino episcopo acceperat. Quo mortuo filius ejus EYLAF per
predictum archiepiscopum Hagustaldensem ecclesiam ingreditur.
*** The above MS. is not very strict in orthography and construction, but it con-
tains much that is valuable to the annalist of Saxon Durham. The subject is too
abstruse for treatment by annotation, but we trust that some of our members may
review the whole authorities in a separate paper.
VOL. II.
10
LOCAL MUNIMENTS.
FOB the following documents and the engravings of seals which accom-
pany them, the Society is indebted to the continued liberality of Sir
William Lawson, Bart., F.S.A., Brough Hall.
" CARTA DE TERRA DE FORSET." * — Margareta, Comitissa Brit',2 Omni-
bus hominibus et amicis suis tarn futuris quam presentibus, salutem.
Notum sit vobis omnibus me dedisse et hac mea carta confirmasse En-
geramo pincernas meo pro servicio suo unam carucatam terras in Fceseta.
Scilicet illam dimidiam carrucatam terroe de escaeta quee fuit "Warini et
quatuor bovatas3 terras propinquiores illi dimidias carrucatae terrae
quas Turstinus et Reginaldus tenuerunt, reddendo inde mihi et heredibus
meis singulis annis quinque solidos pro omni servicio scilicet ad Pente-
costen ij sol. et vj d. et ad festum Sancti Martini ij sol. et vj d. Quare
volo et precipio quod predictus Engeramus et heredes sui habeant et
teneant de me et de heredibus meis illam carrucatam terrse prenomina-
tam libere et quiete et integre in bosco et piano in pratis in pascuis in
viis et semitis in turbariis in redditibus in terra arabili et non arabili et
in omnibus locis eidem teiras pertinentibus cum omnibus libertati-
bus et liberis consuetudinibus ; faciendo annuatim supradictum servi-
cium. Tcstibus hiis Warin' de Bassingeburn, Henrico de Bohun, Alano
de Bassingeburn, Eudone de Chedestan,4 Godefrido de Spicteshal,
Eicardo cleAng', Alano deSuatham,Elya Clerico,Pag[inello]Marescallo."
[ Seal of green wax.5 Pointed oval. A full length female figure with
conspicuously long maunches. In the right hand an orb surmounted
by a cross, in the left a bird.] [S]IGILLVM : MARGA [RETE : BRITTAN]
ORVM : DVCISS[E.]
"ROGERI BERTRAM DE MiTFORB. Antiquo, et magna charta."'' — Eogerus
Bertram Dominus de Midford — Domino Hugoni de Euer, pro homagio
1 In Richmondshire.
2 She is called " Brittanorum Ducissa" on her seal. She was daughter of William
the Lion, King of Scotland, and wife to Conan Duke of Brittany and Earl of Rich-
mond, who built the present tower of the latter place in 1171. The scribe probably
at first intended to describe the Duchess as Countess of Richmond, for as such she
gave the charter. — ED.
3 The carucate at Forcett was therefore eight oxgangs. The change of expression from
half a carucate to fovir oxgangs is observable. — ED.
4 Even with the application of galls I cannot be absolutely certain about the second
and third letters of this word. — ED.
5 The minute parallel lines in the robe are not mere indications of shading, but
actual folds in the original. — ED.
6 The third of the name.
7 On the charter-rolls of the 52nd of Henry III. is enrolled a confirmation of this
grant, which is not of much earlier date. John de Vescy, one of the witnesses, was
under age at the time of his father's death, 37th Henry III. The extent of Eoger
Bertram's alienations is set forth in the Hundred Eolls at the beginning of the next
The Seal of Margaret daughter of William the Lion, Duchess of Brittany,
and Countess of Richmond.
The Seal of the third Roger Bertram, Lord of Mitford.
LOCAL MUNIMENTS. 11
et servicio suo, hornagiain et servicium Johannis de Woderington, et
Constancies uxoris suae, et heredum dictae Constancies, de omnibus
terris et tenementis quae de me tenuerunt in Berwyk', Pikeden', et
Edington' et alibi infra comitatum Northumbriae ; et homagium et servi-
cium Rogeri de Areynes et heredum suorum de omnibus terris et tene-
mentis quae idem Rogerus tenuit in Calverdon' et alibi infra comitatum
Northumbriae ; et homagium et servicium Roberti de Menevile et here-
dum suorum de omnibus terris et tenementis quae idem Robertus de me
tenuit in Milneburne et alibi infra comitatum Northumbriae — cum wardis
releviis maritagiis escaetis et omnibus aliis pertinenciis — faciendo sectam
ad curiam dicti Domini Hugonis — apud Creklawe, et faciendo dicto
Domino Hugoni — wardam et clausturam quam rnihi et antecessoribus
meis ad Castrum meum de Midford et ad parcum meum ejusdem villae
facere consueverunt ; ethaec facient — in warda et claustura velin valore
denariorum ad voluntatem dicti Domini Hugonis — Salva tamen mihi —
secta predictorum Johannis [&c.] ad molendinum meum de Midford et
Eland' ad tricesimum vas antecessorwm [sic] meorum facere consueverunt.
— Reddendo inde annuatim mihi et heredibus meis unam sagittam barba-
tam. — Hiis testibus, Dominis Johanne de Balliolo, Johanne de Vescy,
Adam de Gcsemue, Johanne de Plasseto, Johanne de Aulton', . . . .Mau-
dut, Waltero Eamon, Johanne de Hoggel, inilitibus ; Rogero de Woder-
3 ton', Ricardo Benet, Hugone Yigrus.
Seal of green wax. Circular. A knight on horseback : on his shield
on the caparison of his steed the arms of Bertram of Mitford.]
s' RO[GERI . BERTRAM . MILITI?]S . DE . MIDFORDE.
[An earlier seal of the family is engraved in Surtees, Plate VII., but
the crosses are not fitchee as they appear to be in this example, in
which, however, fleurs-de-lis may possibly be intended.]
" WETLAW" [ET CRAMLINGTON.J — Radulfus de Gaugi films domini
Radulfi de Gaugi. — Johanni de Pampedene, pro homagio et servicio suo,
octo bovatas terrae — cum quatuor toltis in villa de Witelawe — Habenda
— de me et heredibus meis in feodo et hereditate cum omnibus commu-
nibus libertatibus et asiamentis ad predictam [sic"] villam de Crameling-
ton' 8 et ad villam de Witelawe pertinentibus exceptis defensis meis —
Reddendo inde annuatim mihi et heredibus meis duodecim denarios —
pro omni servicio consuetudine auxiliis et demanda, salvo forinseco servicio
domini Regis quantum pertinet ad tantam terrain illius feodi. — Johannes
et heredes sui et sui assignati quieti et soluti erunt imperpetuum a secta
curiee meae — Preterea — dabunt pro relevio suo duos solidos et erunt sine
warda — Hiis testibus, Domino Hugone de Bolebec tune vicecomite;
reign, including Creklaw (Kirkley), which was already the property of Hugo de
Euer at the date of the present grant.
This is the only document hitherto printed which exhibits John de Widdrington as
the mesne lord of Berwick-on-the-Hill, Pigdon, and Edington, in right of Constance
his wife. She is described in the Hundred Rolls as Constance de St. Peter, being the
heiress of a family of that name, who held these manors under the Bertrams at least
as early as the reign of Henry II,, by the same service of two knights. — J. H. H.
8 Sir William Lawson quarters the arms of Cramlington of Cramlington.
12 LOCAL MUNIMENTS.
Koberto de Camou subvicecomite ;9 Eustacio de Laval ; Henrico de
Laval; Koberto de Faudona ; Hugone de Borutona; Ada de Jesemuia;
Radulfo Baarth : Rogero de Witelawe ; Waltero de Perisiis ; Ricardo de
Herford; Willielmo le Clorc de Crarnelingtona; Ricardo deWideslade;
Galfrido de Wideslade, et multis aliis.
[Seal of green wax. Oval. A Eoman gem engraved with a female
figure.] SIGILL' [RADVLFI D]E GAVGI.
[CRAMLINGTON, 1331.] — Willielmus de Burdon' capellanus, tune per-
petuus vicarius Novi castri super Tynam — Willielmo de Kibelesworth et
Cecilise uxori sua?, totum Manerium meum in villa de Cramelington'
cum omnibus terris meis dominicis et duabus acris prati eidem manerio
adjacentibus; Et etiam quartam partem dominii ejusdem villse; cum
advocatione medietatis capellse Sancti Nicholai in eadem; ac etiam
omnia alia et singula terras et tenementa — cum singulis servitiis libere
tenentium quae habuit ex donation e — Johannis filii Willielmi de T rowyk
in Cramlingtori' et Whitelawe — Habenda — Willielmo et Cecilise et here-
dibus de assignatis ipsius Willielmi — una cum wardis, releviis, escaetis
et omnibus aliis pertinentiis — Hiis testibus, Domino Johanne de Lille-
burn' tune vicecomite Northumbriee ; Domiriis Eoberto de la Vale, Jo-
hanne de Fenwyk militibus ; Thoma de Fenwyk, Thoma de Hidewyn,
Roberto de Byker, Roberto de Rihill', Johanne de Wydslade, Johanne
de Plessetis,10 Johanne de Lyam, Willielmo de Whitlawe, — apud Crame-
lington' die Mercurii proxima ante festum Sancti Lucse EwanglistaB.
Anno Domini, Millessimo tricentesimo tricesimo primo.11
\_Seal of brown wax. Oval. A Roman gem, engraved with a Cupid
riding on a lion ? The vicar had probably picked this up in his own
churchyard.] s' WILELMI DE BVKDVN.
"DE ROBKRTO DE LA LAWE." — Robertus de la Lawe de Morpath — pro
salute animas mea3, Deo et BeataB Mariae Abbati et Monachis Novi Mo-
nasterii, in liberam et perpetuam elemosinam, unum toftum cum edi-
ficiis in villa de Morpath quod Robertus Pudding' tenet, quod jacet
inter domum Walteri Quaryur — et domum Mathei Pelleter — Facicndo
annuatim capitali domino et villa3 de Morpath debitum servicium. — Et
ego Robertus et heredes mei predictum toftum — contra omnes homines
et feminas warantizabimus. — Hiis testibus, Domino Johanne de Plessez,
Ada del Hou, Alano Clericode Morpath,12 Thoraldo, Nicholaode Parcho12
de eadem villa.
[_Seal of green wax. Pointed oval. A fleur-de-lis. Legend de-
faced, but enough remains to show that the seal was not constructed for
the user.13 Handwriting similar to that of Roger Bertram's charter.]
9 The date of the charter is ascertained within two years and a half by this attesta-
tion. Robert de Cambhou filled the office of under-sheriff for Hugh de Bolbec, in
the 28th, 29th, and the first half of the 30th year of Henry III.— J. H. H.
10 The nephew of the witness of the same name in two previous charters. Hodg-
son's Northumberland, Part ii., Vol. ii., contains a Plessey pedigree. — J. H. H.
11 Brand mentions Burdon as Vicar in 1316-27.
12 These personages frequently occur circa 12 Edw. I.
13 Oval seals are always used by females or churchmen. The exceptions are few
indeed.
LOCAL MUNIMENTS. 13
11 TESTAMENTUM JOHANNIS DE AUKLAND." 1399. — Die veneris proxima
ante festum Sanctse Marias Magdalene Anno Domini Millesimo trescen-
tesimo nonagesimo nono. Ego Johannes de Aukeland, Burgensis villaD
Novi castri super Tynam condo testamentum meum. — In primis lego —
animam meam Deo Omnipotenti, beatse Mariae, et omnibus sanctis ejus,
et corpus meum ad sepeliendum in ecclesia Sancti Nicholai in eadem
villa. — Yicario ejusdem ecclesieepro decimis et oblacionibus meis oblitis
xls. — Fabricae ejusdem ecclesiae v. marcas. Et fabricee capellee
Omnium Sanctorum in eadem villa xxs. Et fabricse capellee Sancti
Johannis in eadem villa xxs. Et fabricae capellae Sancti Andreae in
eadem villa xxs. Et fabricae Ecclesiae parochialis de Gatesheued xx«. —
Fabricae et operi de le Denebrig juxta ecclesiam Sancti Nicholai predicti
xxs., sub conditione quod procuratores inde operentur et exaltent
muros. — Cuilibet capellano predictae ecclesise Sancti Nicholai xiiflJ. —
xxxii. marcas duobus capellanis idoneis ad divina servicia in predicta
ecclesia Sancti Nicholai pro anima mea animabus et omnium fidelium
per duos annos integros celebrandis. — Isabellae consanguineae meae x.
marcas ad maritagium suum. — Roberto Johanson, Johanni Pullo, et
"VValtero Barker servientibus meis Ixs. — Quinque servientibus meis tan-
natoribus xxxs. iiijd. — Eesiduum bonorum meorum do et lego executo-
nibus meis ut ipsi fideliter disporiant et facient pro anima mea. Et
Johannem del Halle capellanum et Johannem Kirkeby meos ordino —
executores. Et Henricum de Bynkfeld et Robertum Gabyfore hujus
testamenti et voluntatis mea3 facio — supervisores. Item do — Margaretae
uxori meae unum annuum redditum x. librarum exeuntem de omnibus
terris et tenementis meis — in villis de Novo Castro super Tynam et
Gatesheued— -ad terminum vitae ipsius. — Et similiter — Aliciaa sorori mese
unum annuum redditum xx. solidorum. Item do et lego Alicias filige
meae omnia predicta terras et tenementa ac redditus et possessiones —
quse habeo in predictis villis, [in feodo talliato] — remaneant Johanni de
Bynkfeld filio Henrici de Bynkfeld [in feodo talliato] — remaneant Wil-
lielmo de Bynkfeld fratri ipsius Johannis de Bynkfeld [in feodo talliato]
— remaneant Roberto de Bynkfeld fratri ipsius Willielmi [in feodo tall-
iato]— remaneant Henrico dc Bynkfeld fratri ipsius Roberti [in feodo
j_11' j. ~i x rm 3 _ T> i-./?~i .1 j?. ±— • i : TT :„• t:~* f^~A~
talliato
talliato'_
volo extunc quod omnia predicta terroe [&c.] sine fraude et dolo vend-
antur per predictos executores meos seu eorum executores per visum
dictorum — supervisorum — seu eorum executorum — et denarii inde per-
cipiendi — pro anima mea et animabus omnium fidelium defunctorum
fideliter disponantur. — Hiis testibus Domino Willielmo de Stillyngton'
capellano parochiali14 ecclesise Sancti Nicholai supradictee — et aliis.
Datum apud predictam villam Novi Castri.
Probatum — auttoritate Domini Dunolmensis episcopi officialis in ca-
pella Sancti Thoma3, villae Novi Castri super Tynam vij. die Augusti
Anno infrascripto.
[First Seal gone. A fragment of the official's seal remaining in red
wax.]
14 A parochial chaplain of St. Nicholas, distinct from the Vicar, who is a legatee.
— remaneant Thomse de Bynkfeld fratri ipsius Henrici [in feodo
— remaneant Aliciae de Bynkfeld sorori ipsius Thomse [in feodo
— si eadem Alicia sine herede de corpore suo exeunte obierit,
15
ROMAN REMAINS FOUND AT ADDERSTONE, NEAR BAM-
BURGH, NORTHUMBERLAND.
IN May, 1856, as some labourers were engaged in draining a field at Ad-
derstone, on the farm of Mr. Anderson, the property of George Wilson,
Esq., Alnwick, they came upon a vessel containing a quantity of Roman
remains, consisting of 28 coins, a brass scale beam and weights, with
remains of scales, and an article of remarkably unique appearance,
composed of a metal resembling the consistency of tin and lead.
The coins extend over the reigns which took place from Hadrian to
Aurelian inclusive, embracing a period of nearly 160 years, during the
occupation of Britain by the Romans, beginning about A.D. 117,
and ending A.D. 275, taking the extremes of those reigns. Six of the
coins are so much corroded and decomposed as to make the task of de-
ciphering them, to even the most practised eye, utterly hopeless; the
remainder are in a better state of preservation, and have all been de-
termined. There are 28 of them in all, 16 large bronze (9th size ac-
cording to Ackerman), and 12 small ones of billon (5th size, following
the same authority).
The following is the chronological series, with the periods of the
reigns of the several emperors : —
1 HADRIAN, from A.D. 117 to 138 1 CARACALLA, from A.D. 196 to 217
1 ANTONINUS Pius 138 .. 161 8 POSTUMUS 260 . . 267
1 VERUS 161 .. 169 1 SALONIKA, WIFE OF GALLI-
2 COMMODUS 166 . . 192 ENUS 253 . . 268
1 M. AURELIUS 161 ,. 180 1 AURELIANUS 270 . . 275
3 FAUSTINA THE YOUNGER, 1 Lucius JELius.
WIFE OF M. AURELIUS. 3 small, illegible.
1 SEVERUS 197 .. 211 3 large, ditto.
The coins have been submitted to the examination of Mr. Roach
Smith, and the above determinations have been confirmed by him.
The scale beam, which is of bronze, about 8 inches long, still quite
perfect and nearly evenly balanced, has the rings still attached by which
EOMAN REMAINS FOUND AT ADDERSTONE. 15
the beam and scales, when in use, were suspended. The rings are
formed of wire of the same metal as the beam, soldered together, but
the solder has been decomposed, and the parts where they were joined
are now open. The scales are very much wasted. The parties who
made the discovery unfortunately scoured the beam with sand, leaving
it in its present state. A Eoman beam of a similar description has, I
am informed, been recently found in Kent, and is now in the possession
of Mr. Eoach Smith.
The nondescript article consists
of two circular rings, about 2j
inches in diameter, made of a rod
of metal a quarter of an inch thick,
the rod twisted together for about
an inch and a half in the centre,
bridle-bit fashion, forming the junction by which the rings are con-
nected. Some persons who have seen it are of opinion that the whole
has been cast solid. It has been examined by several experienced anti-
quaries, but none of them have been able to guess at its use, and their
ingenuity has been baffled to offer a conjecture as to its object in Eoman
economy. Has it not formed a part of the mountings of the harness of
a Eoman chariot ? Probably there are many things in common use by
distant nations of the present day, the purposes of which we should,
without information respecting them, be utterly unable to divine.
The field in which the remains were discovered lies in an angle formed
by the great north road on the west, and the road running eastward by
Adderstone to Lucker on the north. It would appear formerly to have
been in a forest state, and subsequently a bog, as in the course of drain-
ing through the dark peaty soil the workmen came upon the trunks of
several large oak trees, some of which they cut through ; others, where
the placing of draining tiles could be accomplished with less labour,
they excavated underneath, leaving the trees otherwise undisturbed
further than was necessary for the completion of the work in which
they were engaged. The man who discovered them was digging in a
drain, between four and five feet deep, and threw them to the side in
what appeared to be a box, but which when thrown out went immedi-
ately and completely to pieces, so much so that no part of it was at-
tempted to be preserved. The coins and other articles were scattered
on the side of the drain, but were afterwards collected by the workmen
present.
What gives additional interest to the discovery, is the locality in
which it was made. At a short distance stand Waren, Budle, Spindle-
16 ROMAN REMAINS FOUND AT ADDERSTONE.
ston, and Outchester, at the latter of which places are still the remains
of Roman works. Outchester or TJlchester, evidently a name alluding
to Roman occupation, stands on the north side of the Warn rivulet,
and seems to have been intended to secure the pass of the river
and the harbour of Warn, and it is within two miles from that
place where the present remains were found. The most eminent of
our local antiquaries have advanced the theory, that there was an
ancient Roman way from Budle by the Charltons southwards, and
the present discovery is an additional fact tending to confirm that
opinion. Adderstone, whichever direction that route might take, would
be in its immediate proximity, and a further and more careful investi-
gation of the district would, in all likelihood, be productive of corrobo-
rative evidence elucidatory of that theory, and would probably repay
the labour of the Northumbrian archaeologist.
J. ARCHBOLD.
Alnwick,
17
THE BELLS OF ST. NICHOLAS' CHUKCH, NEWCASTLE.
DETEREED, probably, by exaggerated fears of dirt, danger, and fatigue,
none of the topographers of Newcastle appear to have examined the
bells of the parish church ; and their inscriptions are unnoticed in the
histories of the town. Having recently taken careful rubbings of the
legends on these bells, I am enabled to supply this remarkable omis-
sion.
Until the Corporation (who, for the use of the bells, repair the tower,)
presented three additional bells in what Bourne (who died in 1732) terms
"late years," the church possessed only five bells in the steeple. Of
these five, three are inscribed in mediaeval black letter, and are con-
nected with saints.
I. One of them was named after St. Nicholas, the patron of the
church, and bears a rhyme in Latin : —
® Cuiutfe « iHotruTamuta *
(" Bearing modulations to all, I am rejoicing Nicholas. ""> The mark at the
commencement, is a merchant's or bellfounder's. It is composed of
a cross saltire, surmounted by a plain cross.
II. Another bell bears the same mark, but is of superior workman-
ship. It exhibits two figures — a flower between them. The" Annunci-
ation to the Yirgin, to whom the bell is dedicated, is evidently intended
to be represented. The legend is —
* 4&. mater, trfa. me. gana. fotrgo 3< maria.
(" 0, Divine Mother, Mary the Yirgin, heal me.") At Heighington,
county Durham, is a bell of the same good workmanship, adorned with
a figure of the Yirgin and the arms of Neville, and bearing nearly the
same legend. The second cross in our reading occupies the place of the
mark.
18 THE BELLS OF ST. NICHOLAS' CHURCH NEWCASTLE.
III. The third bell of ancient date was that of St. Michael : —
Cam^ana . Watov . JHtolfe . iiulcfe . g>feto . JHelfe.
This seems to be the reading, but there is something wrong at the end.
Between each word is a circular device. On each of two large leaves or
branches of a central stem, which is surmounted by a cross, is perched
a bird looking backwards. Bound this subject is an illegible blackletter
legend. On the top of the same bell is a shield repeated four times.
Its bearings are a chevron between three vases or covered eups with
handles and spouts. This coat does not occur among the enumerated
arms of companies, but it may be certainly considered as allusive to the
moulders or other workmen employed in some particular branch of bell-
founding. It occurs on one of the bells of St. Bartholomew's,
London. On the bells of Scorton chapel, near Bievaulx, a similar
device occurs twice in conjunction with the bells of the bellfounders.
The smaller bell is old, though it is not that which was removed from
Byland by Abbot Eoger in 1146. On the dexter side of a crozier is a
bell. On the sinister, a bell and double-handed vessel standing on three
legs. Eound this device runs the legend in the shape of a heater shield,
informing us that John Copgraf made the bell. On the greater bell,
dated 1676, a shield occurs thrice, with the initials P. "W. under it.
Three of the tripod cups (no chevron) are impaled with a chevron be-
tween three bells, the cups occupying the dexter portion of the shield.1
IY. There appears always to have been one bell more exclusively de-
voted to municipal purposes, called the COMMON, GKEAT, or THIEF and
REIVER BELL. The last name was applied to it in consequence of its
taking the place of (or accompanying) the curfew or 8 o'clock bell on
the occasion of each of the fairs of the town — at which, by a custom
widely dispersed, none but the greatest malefactors were liable to arrest.
In Germany, according to Fynes Moryson, " at the time of public fairs,
after the sound of a bell, it is free for debtors, harlots, and banished
people to enter the citie." Another special use of this bell, from which
the name of Common Bell seems to be derived, was that of its being
1 At Norton, county Durham, on a bell dated 1664, the same bearings occurred
seven times, the bells being to the dexter. This bell was recast a few years ago. On
an old bell at Egglescliffe, dedicated to St. Mark, a bell and a bell-rope occur alter-
nately between each word. At the church of Ellerker, in 1585, were three beUs in
the steeple. One of them had two trefoiled compartments, one with three flours de
hs, 1 and 2, the other with, three talbot's heads, 1 and 2; an eagle upon a swaddled
child also occurred, and the legend « MAY FORTUNE 1577 ABOUT THIS BELL." On
another bell, with an oratory legend to Christ and the Virgin, was a shield with three
bells, 2 and 1, no chevron. (Harl. MS. 1394, p. 312).— ED
THE BELLS OF ST. NICHOLAS' CHURCH, NEWCASTLE. 19
tolled to convene the burgesses, and other business. On the great
annual election, it begins (says Brand) " at nine o'clock in the morning,
and with little or no intermission continues to toll till three o'clock,
when they begin to elect the mayor, &c. Its beginning so early was
doubtless intended to call together the several companies to their respec-
tive meeting-houses, in order to choose the former .and latter electors,
&c. A popular notion prevails, that it is for the old mayor's dying, as
they call his going out of office — the tolling, as it were, of his passing
bell." The great bell was also tolled at twelve o'clock at noon of Pan-
cake or Shrove Tuesday, when a general holiday for the rest of the day
commenced. Bourne quotes Carr's MSS. for the statement that this
bell appears to have been cast in 1593. In October of that year, the
Corporation paid " for two band ropes, one to the common bell, and
another to the 8 o'clock bell, 3s. 4d. a piece." In October, 1595, (per-
haps the date to be substituted for the 1593 of Bourne,) they paid "to
William Borne, in consideration of a hauser which was spoilede in
haylinge upp the common bell of Sainte Nichol church to steple, 20s."
As soon, however, as 1615, according to Bourne, the "great bell called
the common bell," weighing 3,120 or 3,130ZJ., was sent to Colchester
to be new cast. Yet it is stated that it was cast again in 1622, and
weighed 33 cwt. Certain it is that in 1754, when it was again sent
to be recast, it weighed at the High Crane 32 cwt. 3 qrs. 14 Ib. good.
It cracked — during a great improvement in the Newcastle school of
bellringing. On February 7, 1754, a young society of ringers rang
2,520 changes of bob triples in 1 hour 36 minutes, being half the com-
plete peal, which had never been performed on these bells before. To
complete the whole peal was thought impossible, by reason of the bad
hanging. On April 11, as the ringers were about halfway through a
peal of grandsire triples, the great bell cracked, and on September 25
was taken down for transmission to London. About Wd. a pound was
allowed for it, producing 1531. The new bell cost Is. Id. per pound,
amounting to 218?. 8s. It weighed 3Qcwt. or 4,032ZJ. It was landed
on the quay from London on December 20, 1 754, and was first rung on
January 1, 1755. Mr. Lawrence, a noted bellhanger of London, was
sent for by the magistrates. He hung all the bells so effectually that,
notwithstanding the weight of the new tenor bell, a complete peal of
bob triples was rung with the greatest ease in 3 hours 13 minutes and a
quarter, on April 10.2 The inscription of the present bell is — " CTTTH-
2 In the steeple are tablets with the following records of " native talent " —
Newcastle-upon-Tyne, 1808. — Nov. 15. A true peal of Holt's grandsire triples,
consisting of 5040 changes, was rung by the Newcastle Union Society in three hours
and twenty minutes. Artes liberales ab omnibus nisi impmdentibus diliguntur.
20 THE BELLS OF ST. NICHOLAS' CHURCH, NEWCASTLE.
BERT SMITH, ESQ., MAYOE. WILLIAM BOWELL, ESQ., SHERIFF. 1754.
THOMAS LESTER & THOMAS PACK FECIT." 3
V. One more bell of the old five remains to be noticed. It has the
arms of Newcastle, supporters and crest, the tails of the seahorses being
twisted in an unusual form. It runs on two lines thus : —
4COVRT . TO . THIS . HEIGHT . TOW . WHEN . THIS . TOWRE .
WHEN . 1658 . . . I . H . . SEE . IT . WAS . BYILT .
Such were the five bells of St. Nicholas up to 1717. We have seen
an entry mentioning the " 8 a'clocke bell," or curfew, as distinct from
a common bell; and in 1594 the Corporation paid "the under clarke of
Sainte Nichol's churche towlinge the 6 a'clocke bell for schollers in the
morninge, 3s. 4d" This is the bell alluded to by Brand in his "Po-
pular Antiquities," as "rung at six every morning, except Sunday sand
holidays, with a view, it should seem, of calling up the artisans to their
daily employment" — and practically, here and elsewhere, this was
doubtless its principal end.
The records of the various occasions on which these bells were rung,
belong rather to the illustration of general history and the local feelings
of the people, than to that of the bells. They do not, therefore, enter
into this brief notice. It may, however, be in place to allude to the
peculiar expression used by the Corporation official in stating his pay-
ment to the clerk for commemorating Queen Elizabeth's accession on
the 17th of November. It is "for joie of our Majesties raign" — " our
Majesty" being his frequent designation of the Virgin Queen. The
Netvcastle-upon-Tyne, 1809. — Jubilee, Oct. 25. Was rung a 5040 of Holt's grand-
sire triples by the Union Society of this town in three hours and twenty minutes,
being the only peal rung in England in commemoration of his majesty King George
the Third entering into the fiftieth year of his reign.
St. Nicholas, 1842. — March 27 (Easter Sunday). The Union Society of Newcastle
and Gateshead Change Ringers, in company with J. Cox, and J. Freeman, two mem-
bers of the Society of St. James' Youths, London, rung a complete peal of Holt's
grandsire triples, 5040 changes, in the unprecedented short period of two hours and
fifty-nine minutes.
1848, Dec. 8. Eight members of the Ancient Union Society of Change Eingers of
Newcastle and Gateshead rung a true and complete peal of grandsire triples, 5040
changes, in two hours and fifty-five minutes, the quickest peal on record. This in-
genious peal is the composition of Mr. Thurston, of Birmingham, it consists of 170
singles and 75 bobs. The first peal rung by native talent since the Jubilee of Geo.
3 The word fecit is below the rest of the inscription.
4 There is a small mark or character here, something like M or a black letter t with
a curved top to it. " "When caught to this height you see when this tower it was
built."
THE BELLS OF ST. NICHOLAS' CHURCH, NEWCASTLE. 21
bells of St. Nicholas are muffled on the anniversary of King Charles
the First's execution (1810) — a most unusual custom. Brand suggests
that it probably dates from the Restoration, and may be accounted for
by the singular loyalty of the King's town of Newcastle.
It remains to glance at the modern additions to the belfry. The
three bells which had been added in Bourne's days, were, he says, given
by the Corporation.
VI., VII. Two of them read — RALPH. READ, ESQ., MAYOR. FEANCIS
JOHNSON, ESQE., SHEEIF. 1717. R. PHELPS LONDINI FECIT.
VIII. The third seems to have been recast — as it reads — THOMAS
MEAES, LATE LESTEE, PACK, AND CHAPMAN, LONDON, FECIT, 1791. It is a
" maiden bell, a clean casting in no need of chipping." The above
eight bells, only, constitute the fine peal of St. Nicholas. But, above
one of the bells of 1717, hangs the largest bell of the steeple, and on it
the hours are struck.
IX. This bell was presented in pursuance of the will of Major George
Anderson, of Newcastle, dated 17 April, 1824, proved 1831, which
contained the following singular bequests for public purposes : — "I
leave to the church of St. Andrew's, in the town of Newcastle-upon-
Tyne, 100?. for the purpose of repairing and ornamenting the tower
thereof; and if that the tower aforesaid after being repaired and orna-
mented shall be found capable of bearing and admitting a spire of
height of from 50 to 100ft. high, then in that case I leave it £400
more for that purpose. My wish is that it may be seen from Durham
Cathedral, and give an exterior dignity to the town of New-
castle. I leave to the church of St. John's, Newcastle, in Westgate
Street, 200Z. for the purpose of creating a spire on the top of the tower
thereof, of the height of 50 feet high — which said spire shall have my
name and arms thereon, with the date thereof. I leave to the church of
St. Nicholas, Newcastle, 500J. for the purpose of purchasing a large
bell for the clock to strike upon — which said bell shall have my name
and arms thereon, with the date thereof, and the purpose for which it
was given. These gifts above mentioned I trust the Reverend the Vicar
of Newcastle will see properly and correctly apply ed. But if that the
Vicar of Newcastle and the Churchwardens of the aforesaid churches
will not comply with the above conditions in the course of three years,
22 THE BELLS OF ST. NICHOLAS' CHURCH, NEWCASTLE.
then the aforesaid sums shall be forfeited, and become the property of
my godson, Gteorge Anderson. I wish that my executors to my will
see the bequests left to the churches before-mentioned correctly complied
with, as they are intended to be of general ornament, use, and benefit to
the town of Newcastle, and also an example to others to imitate of the
Church of England — as I hold it in opinion it is the duty of every one
to keep up the magnificence and dignity of the buildings erected to the
Supreme Being."
Major Anderson's intentions as to church-towers not having been car-
ried out, the bequests, so far, sunk into the residue.
On December 3, 1833, the bell bequeathed to the parish-church of
St. Nicholas was christened "The Major," and on the 10th hoisted into
the belfry. It is hung some four or five feet above the first bell in the
north east angle. Inscription: — "PURCHASED FOE, THE CLOCK TO STRIKE
UPON, AGREEABLY TO THE WlLL OF GEORGE ANDERSON, ESQ., 1833. CAST
AT THE FOUNDRY OF SIR ROBERT SHAFTOE HAWKS & Co., BY JAMES HAR-
RISON, OF BARTON-UPON-HUMBER, NOVEMBER 23, 1833." (Arms.)
" The Major" is a very imperfect bell, and I have been told by Mr.
Laurie that the tenor can be heard at twice the distance. Harrison, the
founder, was a son of the celebrated chronometer -maker, who won
the Government prize of 20,OOOZ. ; but he blundered the bell. Bell-
metal is a mixture, as everybody knows, of copper and tin. Harrison
came to Mr. Robert Watson's foundry in the High Bridge, and got
about a hundredweight of brass — a mixture of copper and zinc — to mix
with the proper materials. The consequence was, with all the chipping
and other expedients he could resort to, the sound was unsatisfac-
tory : — the thing was blundered altogether.5
For the guidance of those who may wish to inspect the bells, I sub-
join a rough idea of their positions in the tower. The Roman nume-
5 From the information of Mr. Robert White. Harrison, nevertheless, bore a
good professional reputation. The Rev. John Byron, of Killingholme, Line., has
obligingly transmitted the following information from a correspondent, of whom, in
consequence of that reputation, he had made enquiries about the failure of skill at
Newcastle : — " I have heard from a man that knew Harrison the bell -founder, that
the bell at Newcastle was doubtless the result of an experiment. He was too poor to
try it on his own account, so he gave the next customer, after the idea originated, the
benefit of it. The same person tells me that he was once at a place where Harrison
had cast bells for the church. For a time they stood in the church-yard, where the
boys frequently took great liberties with them, such as throwing bricks at them, &c.
One day Harrison himself, who was a very little man, went to the bells, and began
hammering at them with a chisel. The clergyman going past saw him, and be-
stowed a tremendous whack on the side of the bell- founder's head, asking what he
was doing there — and what he had to do with the bells. To his surprise the answer
was, ' I cast them.' "
THE BELLS OF ST. NICHOLAS' CHURCH, NEWCASTLE. 23
rals refer to the descriptions in this paper, the Arabic signs denote the
order of ringing.
NORTH.
11. 7.
8. MARY.
IX.
MAJOR.
— t
1831.
(above VI.)
VI. 1.
1717.
r
Platform.
I. 6.
S. NICHOLAS.
r
IV
. 8.
Common or
Great Bell.
1754.
VII. 2.
1717.
Trap Door.
VIII. 5.
1791.
III. 4.
V. 3.
8. MICHAEL.
1658.
SOUTH.
JOHN VENTKESS.
Newcastle-upon- Tyne.
24
LOCAL MUNIMENTS.
SINCE the publication of the abstract of deeds on p. 61 et seq., it has
been found that the whole of them, except the last, refer to property of
the various foundations connected with the chapel of St. Margaret,
Crossgate, Durham. It appears that several others are in the vestry of
St. Margaret' s,?of which copies were made some time ago; and among
Mr. Raine's minutes of charters, are notices of others. It is natural to
suppose that many more are dispersed with the modern title-deeds of
the properties to which they relate. As Corbridge is entirely inedited,
and St. Margaret's chapelry only imperfectly so, it appears desirable to
place these additional evidences on record ; especially as, even without
reference to persons and places, a state of society and dealing with
church property is shown in violent contrast with parochial usages of
the present day. The notes derived from Mr. Raine's MSS. are marked
(R), the remainder are from the copies before mentioned, with the ex-
ception of one document which has been communicated by Mr. Allan,
as stated in the proper place,
1477. John Blenkarn and John Lonesdale, proctors or churchmas-
ters (procuratores seu ycomini} of the church of St. Margaret the Yirgin
in Durham, by consent and will of all the parishioners, have delivered
an antiphoner, which they had by gift of John Hoton, chaplain of the
chapel of Hareton (Harraton), to the same Hoton, to hold for his
life, and afterwards to remain to the said church. At Durham, 21 April.
"Witnesses, Master William Rackett, Justice of the Peace of the Lord
Bishop of Durham, Cuthbert Byllyngham, Esq., &c.
"WALBTDGE. — 1513. Cuthbert Billingham, Ralph German and Tho-
mas Trotter, Alderman and Proctors of the Guild of St. Margaret in
the chapel of St. Margaret, to Richard Punshon of Walrage be-
side Chester in the Street. Lease of a messuage in "Walrage, late in the
tenure of Thomas Walshe, for 15 years, at the rent of 12<£. to the
Guild, and 6s. to the Dean of Chester in the Street. 5 April.
LOCAL MUNIMENTS. 25
COATHAM MUNDEVILLE, GnAYSTONES, AND WHESSOE. [1.460.] Tho-
mas Eltoft, esq., Thomas Dytcheburn, Robert Strynger and John
Walker to William Eure, knt., Christopher Conyers of Sokburn,
esq., Ralph Dalton, rector of Sokeburn church, and Thomas Segiswyk.
Release of all the lands and tenements which were John Eltoft's in
Cotom Mondevyle, Graystones and Whessoe. 20 Jan. 38 Hen. VI*
DURHAM. WHARHAM FAMILY. — 1426. Thomas de Tang . to
Thomas Holden, esq. Conveyance of two messuages, and 63 acres in
Norton and Stokton : in exchange for a burgage in the Marketplace of
Durham between a tenement of John Kellowe's heirs and that some-
time "Richard de Moreton's in which Robert Spycer dwells, and 4s, rent
issuing out of a tenement which William Wharrome holds by gift of
Holden in Framwelgate. At Norton, Monday before the feast of St.
Mark the Evangelist, 4 Hen. VI. [See as to the livery of seisin, No.
7, p. 64, vol. i.]
Same date. A corresponding charter from Holden to Tang of tho
Durham property, dated at Durham.
1428. William Wharham of Durham to his son Robert Whar-
ham. Conveyance of all his lands, tenements, &c. in the Borough and
in the Old Borough of Durham and all the leaden vessels in them.
April 20.
1442. John Pertryk and William Tronesdale, chaplains, to Ro-
bert Wharrome and Eleanor his wife. Conveyance of a burgage in
Framwelgate between a burgage late Robert Walker's on the N., and a
burgage of William Shoruton on the S., which the grantors lately had
by feoffment of the said Robert Wharrome. In special tail ; remainder to
the heirs of Robert. Eeast of the Assumption.
[1473.] Robert Wharum to William Raket. A burgage in
Framwelgate between the burgage late Robert Raket' s and that late
William Schoroton's. 3 Feb. 12 Edw. IV. [See No. 6, p. 63, vol. i.]
[1502.] Agnes Raket of Preston, widow of William Raket, to
John Coll of Durham and Isabella his wife. Release of a burgage in
Framwelgate, in which the said John and Isabella now dwell. 1 Oct.
18 Henry VII.
1489. Robert Wharram of the Manor of Longley beside Est Bran-
don to John Pottes and John Tedcaster, churchmasters ficominis)
and proctors of the chapel of St. Margaret, founded in the Old Borough
of Durham, and their successors. Conveyance of a tenement in the Old
Borough in Crosgat, on the north side of the street, between a tenement
of the chapel late in the tenure of Richard Baxter and a tenement late
of John Pollard. 21 Sep.
VOL. II. B
26 LOCAL MUNIMENTS.
[The following document, reciting the above conveyance, gives a rea-
son for it.]
THIS INDENTFK mayd at Duresme the xxij day of Septembr' in the
yeir of oure Lord God M'cccciiij" and ix BETWIX Robert Wharram of
the Maner of Longley besiyd Est Brandon in the county of Duresme of
on part And John of Pottes and John Tedcaster of Duresme Kyrk-
maisters and proktors of the chapell of Saynt Margareyt in the Aide
Burgh of Duresme on the tother part WITNES WHEIB, the for sayd Ro-
bert Wharram has grantted and a reles has mayd appon a deyd of giyffc
And ther oppon possession delyvered and takyn be John of Pottes and
John Tedcastr afor sayd of A tenement with the purtenance in the Aide
Burghe of Duresme aforsayd liyng betwix the tenement layt in the
haldyng of Richard Baxster of the North part of Crosgat and a tene-
ment sum tiym in the haldyng of John Pollard ther on the tother part
AND WHEIR the for sayd John and John kirkmasters and proktors of the
chapell a for sayd has graunted be the concent of all the parissheyng of
the sayd chapell unto the for sayd Robert Wharram for his giyft of the
tenement be a deyd with a relesse and possession of the sayd tenement meyd
and doon THERFOR, the for[sayd] Robert Wharram. eftur his deeth shall
with Grod grace and leve shall be beried in the for sayd chapell of Saynt
Margareyt and his childer of his body lawfully gatyn. IN WITNES and
in fulfilling of all condicions and covenants afor writyn the partes a for
sayd to this indentor interchangeable has putte ther seales the place day
and the yeire a bove writen.
1493. Robert Wharham, senior, of the manor of Longley, to
Richard Lewyn, Robert Cokyn, John Lonesdale and John Pottis, church-
masters and proctors [now four instead of two] of St. Margaret's chapel.
Release of the tenement comprised in the last deed, and another burgage
in Milburngate in the Old Borough between the burgage of the sacristan
of Durham on the !N",, and that of John Hagthorp on the S. 5 July.
DURHAM. ALLERTONGATE. — 1328. John de Hert and Adam Tanner,
keepers of the Light of the Chapel of Blessed Margaret in Crossegat in
Durham, by consent of good and lawful men parishioners of the said
chapel, viz. Sir John Gikes, chaplain, John de Barnard Castle, clerk,
Roger Lord of Neuton, Cuthbert fitz-John, John de Aldwood, Hugh de
Coken, Adam Wythir, and also by consent of all other the whole com-
monalty fcommunitatisj of the parishioners of the same, convey to Ro-
bert de Plauseworth and Agnes his wife, a burgage in Allertongat in the
Old Borough of Durham, between the burgage of Roger de Hert and
that of Adam de Rylley. "Which burgage was formerly William de
Craven's. Rendering to the said keepers and their successors 4s. yearly.
Witnesses, John de Hanlakeby, bailiff of the Old Borough, John Goce,
&c. In curia Veteris Burgi, Wednesday, feast of St. Peter in cathedra.
LOCAL MUNIMENTS. 27
[This charter has been submitted to us by Kobert Henry Allan, Esq.,
F.S.A., of Blackwell Hall.]
DURHAM. SOUTH STREET. — 1328. John de Hert, keeper of the lights
in Blessed Margaret's chapel in Durham, to Robert Jakes and
Isabella his wife. Conveyance of the burgage which he had by gift of
William fits- Walter de Eysche, butcher, of Durham. It lies in South-
strete in the Old Borough of Durham between land of Robert de Hedley
smith, and land late Walter de Brafferton's. Rendering yearly 4s. for
the maintenance of the wax lights before the imago of Blessed Marga-
ret in the chancel of the said chapel. At Durham, Wednesday after
the feast of St. Peter ad vincula. Witnesses, John de Hanlakeby,
bailiff of the Old Borough, &c. [Mr. Surtees quotes a conveyance of
1355 from Richard Tanyer, son of Michael de Aukland, and Maude his
wife, to William Lardener of a burgage in Suth-strete, charged with
I2d. rent to the chaplain of St. Mary's altar.]
DURHAM. CROSGATE AND MILNEBURNGATE. — s. d. Peter, servant of
Robert de Bruninghill and Ysabella his wife, formerly that of Walter
de Hesse, give to God and Blessed Margaret 2s. rent to issue out of a
burgage in Crossegate, between the land of Roger Cissor,1 and that
which was Roger Wallis's, to the maintaining the waxlights burning
before the cross in the church of St. Margaret in Durham, for the
soul of the late John Geri, and for a sum of money which his execu-
tors gave to the grantors. Witnesses, Henry de Horneby, William
fitz-Hugh, John de Grendon, Robert le Wyn, William Welle, Thomas
de Pontefract, Richard de la Slade, Robert called Plays, Henry the clerk.
1335. Thomas Steyll, who was then the owner of the same burgage
by gift of Richard de Chilton,2 deceased, and had refused to pay the 2s.,
appeared before the Bishop's official in the Galilee at Durham, and after
a long altercation, confessed the justice of the claim, and submitted to a
decree to which the official attached si 'g ilium officialitatis Dunohn'.
Wednesday after the feast of St. Gregory the pope.
1303. John fitz-Alan Goldsmyth of Durham and Adam Russell,
keepers of the light of Margaret's Chapel in Durham, chosen by tho
parishioners of the said chapel, and for this purpose specially deputed,
to Alan Barbour and his heirs. Reciting that Barbour holds a
burgage in Crossegate in the Old Borough of Durham, between the te-
nement late Thomas de Qwerington's and the tenement late Bertram
Webester's, charged with 5s. to the said light; which burgage is now
1 Bailiff of the Old Borough 1294.
2 In 1294, Richard fitz-David Wulpuller conveyed to Richard de Chilton a place
abutting on the rivulet of Milneburne.
28 LOCAL MUNIMENTS.
waste and unbuilt. Remise to Barbour and his heirs, of 2s. of the said
rent for 20 years, for the building the said burgage anew within two
years. Power of distress upon the goods in Barbour' s tenements in
Alvertongate, late those of John de Insula, heir of Margaret Hamit',
between the tenement late of John fitz-Thomas fitz-Hugh and that of
"William Packe Walas. At Durham, Wednesday after the feast of St.
Cuthbert in March.
1338. Alice del Slade in her widowhood to Thomas her son.
Conveyance of a tenement in Crossegate in the Old Borough of Durham,
between her own tenement and a tenement of the altar of Blessed Mary
in the chapel of Blessed Margaret in Durham. Rendering yearly to the
keepers of the light of that chapel 2 pounds of wax to supply two wax-
lights before the altar of Blessed Mary for ever. And the said tenement
shall sustain and provide a lamp burning before Blessed Mary's altar
for ever, as in a charter of the said Alice is set forth. If Thomas dies
issueless, the tenement is to remain to the grantor's daughter Cecily and
her issue : remainder over. At Durham, in full court of the Old Bo-
rough, Wednesday after the feast of St. Faith the Virgin. Witnesses,
John de Barnard Castle, clerk, and William de Chilton, Bailiffs of the
Old Ehrough. [Quoted by Surtees, IV. ii., 130, as in the possession of
Sir C. Sharpe.]
1341. William de Stayndropp, fitz-Nicholas3 fitz-Robert, the Scribe,
to Alice fitz-Richard Durisall of Durham in her maidenhood.
Conveyance of his tenement in Crossegate in the Old Borough of Dur-
ham between the cemetery of the church of St. Margaret and the tene-
ment of John fitz- Stephen Cissor and of William his brother. Witness,
John de Castle Barnard, clerk, bailiff of the said borough. Tuesday
after Martinmas. In dorso, Willelmus Scriptor.
[1414.] John Hoton of Tudowe to William Henryson of Hun-
wyk and Agnes his wife. Conveyance of a burgage in the Old Borough
between a burgage of Hoton and a common vennel. Tuesday in the first
wec-k of Lent, 1 Hen. V.
[1499.] John Henryson, son and heir of William Henryson, son
and heir of John Henryson sometime of Durham, barker, deceased,
to John Potter of Durham. Release of a burgage in Crocegate
between two burgages belonging to the Guild of St. Cuthbert on the
west and east. The burgige to the west was formerly a vennell leading
to the Westorchare and is now newly built as one tenement by the
Brethren of the Guild. Another vennell leading to the Westorchare is
newly formed and is situate to the west of the same burgage belonging
to the Guild. 20 May, 14 Hen. VII.
3 Qu. Nicholas Staindrop, clerk, who occ. 1316.
LOCAL MUNIMENTS. 29
1395. Juliana daughter and heiress of Richard de Bolom to
Joan her daughter and her issue. Conveyance of a burgage in the Old
Borough, between a burgage of the Prior and convent of Durham, and
that of John de Hall's heirs, which she had by inheritance of her fa-
ther ; rem. to Adam Whelp. Eve of Ascension day.
1447. John Fysher of Ncwcastle-upon-Tyne, glover, to "Wil-
liam Rouceby of Durham, barker. Conveyance of the same premises.
The morrow of the Assumption.
1439. John Fysher of Newcastle-upon-Tyne to William de
Tobell of Durham. Conveyance of a tenement in Crosegat between the
burgage of John Pollard, litster and that of the sacristan of Durham
Cathedral church, yielding to the grantor 4s. Qd. yearly. 22 Oct.
[See a demise from Halywell to Pollard of a burgage formerly
Hoton's, 1426, No. 4, p. 62, vol. i.]
1428. John Pollard of Durham, littester to John Halywell of
the same place, barkar. Release of the premises demised to Halywell
by William Hoton of Herdwyk and Joan his wife with the confirmation
of William son and heir of John de Hoton of Tuddowe, and by Haly-
well to Pollard by No. 4, p. 62, vol. i. ante, where by an oversight they
are described as one burgage instead of two bargages. Tuesday alter
Michaelmas.
[1465 ] William Qwhelpdale senior of Durham to William
Warcop. Release of a burgage in the Old Borough of Durham between
the burgage of John Cateryk on the N., and that of the said William
Qwhelpdale on the S. in Milneburngate ; which burgage lies beside the
rivulet of Milneburne.4 8 June, 5 Edw. IV.
[1498 ] Richard Smyrke of Crosgate to Thomas Fairhar, Al-
derman of the Guild of Blessed Mary in the chapel of St. Margaret in
Durham, and William Betson, John Prior, Ralph German and Lawrence
Toller, proctors of the said guild. Conveyance of: a burgage in .Cros-
gate on the east side, between that of Richard Lewyn on the N. and
that of William Hagthorp's heirs on the S., the rivulet called Miln-
burn running under the said burgage ; and another burgage in Crosgate
between John Cateryk' s burgage on the N. and a burgage of the said
Chapel on the S. ; which burgages were lately in the tenure of William
Warcop. 1 June, 13 Hen. VII. On the 10th of the same month the
alderman and proctors demise the same property to Smyrke for 24 years
if he shall so long live, at I d. rent.
1481. John Smyth, chaplain to Thomas Smyth and Margery
« The boundary between the Old Borough and the Priory lands. Sur. IV. ii., 135,
30 LOCAL MUNIMENTS.
his wife. Release of a burgage in Crocegate between a burgage of the
Guild of St. Cuthbert on the W., and a burgage of the heirs of John
Tornor on the E. 4 March.
[1485.] Thomas Smyth of Durham, shomaker, and Margery his
wife, to Thomas Farrhare, alderman of the Guild of Blessed Mary
in the chapel of St. Margaret, and his successors. Release of the same
premises. 15 Nov. 3 Ric. III. [1485 (?). If this date is correctly
copied, it is remarkable. The third year of Richard III. began 26
June, 1485, and terminated with his death on 22 Aug., 1485.]
[1505-6.] Robert Wright, son and heir of "William "Wright and
Agnes his wife, daughter and heir of William Rippon lately deceased,
binds himself for the quiet enjoyment for 49 years from Pentecost last,
by John Wodnesse of Durham, cissor, of a burgage in Crossgait, which
Rippon had by demise of William Nesse and Robert Johnson, sometime
churchmasters of the chapel of St. Margaret, for 99 years from Pente-
cost, 1506. Dated 19 Jan., 21 Hen. VII. [Qu. if not some discre-
pancy in the dates.]
DURHAM. FRAMWELLGATE. — 1337. John Salter of Durham to
Adam Russell, burgess of Durham. Conveyance of his tenement in
Framwelgate in the Borough of Durham between a tenement of Russell
and a tenement of Adam Wyther. Witnesses, John de Durham, Bailiff of
the said Borough, &c. In the court of the same Borough. Tuesday
before the feast of the conversion of St. Paul.
1343. Adam Russell to Richard de Otteley, chappeman. Con-
veyance of a tenement in Framwellegate in the Borough of Durham,
between one of Russell and the high street leading to the water of Were.
Yielding 9d. yearly. Tuesday after Easter.
1415. Agnes sometime the wife of William Payntour of Durham
to John Barkire of Framwelgate. Conveyance of a burgage in
Framwelgate, as it lies in length and breadth between a burgage of the
Lord Prior of Durham on the S., and that of the heirs of John de
Wyndgates on the N". Yielding a red rose on the feast of the nativity
of St. John the Baptist. If Barkire quietly enjoys the burgage for 100
years, at their expiration the heirs and assigns of the grantor may re-
enter. Jan. 31.
1425. John Pollard, littester, to John Halewelle. Release of
a burgage in Durham between that of the Prior of Durham on the
south, and that of John de Wyndacres on the north. 16 April.
1418. Thomas Glover of Durham and Alice his wife — to John de
Bynchestre, chaplain, and Thomas de Ryhall of Durham. Conveyance
of two burgages in Framwellgate. One of them lies in breadth be-
LOCAL MUNIMENTS. 31
tween the burgage of Win. Shorowton on the S., and a burgage of Tho-
mas Cokyn on the JN". ; and in length from the king's highway before to
the water of Were behind. The other lies waste, in breadth between
the gardens of the burgages of Eramwelgate on the E., and a burgage
sometime of Sir William Pome, chaplain, on the W.; and in length
from the king's highway called the Stanerpeth in front to the meadow
of the said Thomas Cokyn behind. 1 May, 6 Hen. Y.
1428. John de Bynchestre of Durham, chaplain, to William Gose-
wyke, barkar, and Alice his wife, of Durham. The same premises.
Eecites the last deed. 1 June.
[1503.] Thomas Clyff, junior, son and heir of Thomas Clyff, senior,
late of Durham, fletcher, and Alice his wife, daughter and heiress of
Eobert Pluramer and of Alice his wife sister and heiress of Thomas Goa-
wyk, chaplain, son and heir of William Goswyk late of Durham de-
ceased, to Eobert Lewyn, Esq., John Prior, John Wodmowse and
Thomas Spark of Durham. Conveyance of two burgages alike lying in
the street of Eramwelgate on its east side, between the burgage late
Eobert Cokyn's on the N., and a burgage of the said Eobert Lewyn on
the S. 18 Aug., 18 Hen. IV.
[1477.] John Herbotell of Tynmoth to Eoger Stevynson. Ee-
lease of a burgage in Durham, in the street of Framamgayt in the pa-
rish of St. Margaret, which Herbotell lately had by feoffment of Thomas
Symson. 3 Mar., 16 Edw. IV.
[1482.] John Stavert otherwise called John Stafford,6 of Durham,
shomaker, and Benedicta his wife, daughter and heir of Thomas Coken
deceased, to William Eouceby of Durham, senior, barkar. Con-
veyance of a burgage in Eramwelgate, on the west side of the street,
between the burgages of Eobert Coken on either side : and three bur-
gages there, between the messuage of Ealph Bowes, knt., on the IS".,
and the Castell-chare on the S : And an acre of land there, between the
land of John Eaket on the N., and the Castell-way on the S. 23 Eeb.,
21 Edw. IY. [See No. 5, p. 62, vol. i., from which it appears that
Benedicta took the burgage in Framwellgate by inheritance, and that it
was subject to 18^. rent to the fabric of St. Margaret's chapel. In 16
Eliz. the Queen granted to Alexander Eigbie and Percival Gunston,
trustees for Eobert Bowes, a burgage in Eramwellgate, called Paynter'a
Place, lying on the N. of the Castle Chaire, and on the South of a bur-
gage sometime belonging to the Guild of St. Margaret. In 1316, Alice
and Christian de Horneby, coheirs of Margery Gaunte, release to Nicho-
las Staindrop, clerk, Sd. rent, issuing out of the burgage called the
• Bichard de Stafforth was Bailiff of the Old Borough in 1S55.
32 LOCAL MUNIMENTS.
Gyldhous in Framwellgate, and out of the meadow adjoining it which
belonged to Roger de Pontchardon, grandsire of Margery Gaunte.6]
[1511.] Kathorine Smethirst daughter of William Smethirst of
Durham to Roland Tempest, esq., Thomas Tempest, esq., Nicholas
Tempest, gent., John Gamyll, chaplain, William Hogeson, John Marley,
Edward Strynger, Christopher Emerson, and John Wernod. Convey-
ance of a burgage in Framwelgate lying in length and breadth between
a tenement late Thomas Werwyk's on the IS"., and a tenement of the
Prior and Convent of Durham on the S. Habendum to the use con-
tained in indentures between the said Gamyll of the one part and tho
said Roland, &c. of the other part. Anthony Smethirst attorney to de-
liver seisin. 20 Aug., 3 Henry VIII.
NEWCASTLE-urox-TrNE. — 13 . . 2.7 Adam Tang, burgess of Newcastle-
upon-Tyne, to Alice Tang his wife. Conveyance of his tenement
in that town called the Poldhall, which he had by gift of Robert de
Angirton, as it is situate in the Melemarketgate, between the tenement
which Beatrix de Bedlyngton holds in fee of the Master and Brethren of
the Hospital of St. Mary in the Westgate on- the S., and the tenement
which William de Kellowe held in fee of Sir Peter Swayne, chaplain,
on the N., and extends in length from the Melemarketgate to the front
the Westgate. Rendering to the heirs and assigns of Robert de Angir-
ton 50s. p. a. Witnesses, William de Bissopdale, mayor of the town,
Lawrence de Acton, Richard Scot, Thomas de Mordon, Robert de Y. . . .
bailiffs of the same, William de Ogle chaplain and clerk &c. At New-
castle, Thursday in the week of Pentecost.
1406. William de Hoton of Brandon to Master John Fayt,
clerk. Reciting that Fayt may hold a tenement called the Poldhall in
the town of Newcastle in the Melemarket; between a tenement which
Beatryx de Bedlyngton holds in fee of the Master of Westspethill
on the south, and a tenement which John Aukeland held in fee of John
Bulkham on the North ; and in length from the Melemarket to the street
of Westgate ; and in which said tenement John de Chester when alive
dwelt, holding it for life, and the reversion of which, on his death,
ought to come to the said John Fayt by the form of the grant to the
said John de Chester for life by the said Hoton. Now Hoton quit-
claims to Fait the premises. Witnesses, William Johanson mayor of the
said town, William Redmershill sheriff,8 Roger de Thornton, William de
6 Sin-tees.
7 The date is blotted. William de Biscopdale -was mayor in both 1382 and 1392.
The bailiffs do not correspond with the received lists.
8 More variations from the lists.
LOCAL MUNIMENTS. 33
Esyngton, "William de Langton and others. At Newcastle, 8 Nov., 14
Hen. IV.
CARLISLE. — [13 . .] Alice, widow of Robert Glover (cyrothecarii) of
Carlisle, to John le Fitteler and Mariot his wife and to their heirs,
and the assigns of John. Conveyance of a place of land within Car-
lisle from her tenement in Fishergate (in vico piscatorum) containing in
length 60 feet, between her land, and that of Hugh de Tibay ; along
with a chamber upon the same place built and containing in breadth at
one end [caput\ towards Fishergate 20 feet with free entrance and exit
from and to the said street for the space of 3 feet to the same place and
chamber, and at the other end, towards the wall within the curtilage,
containing in breadth 26 feet. Rent reserved, 3*. during the grantor's
life. Witnesses Sir Andrew de Harcla, governor of Carlisle, Reginald
Bonkes and Andrew le Seraunt bailiffs of Carlisle &c. [temp. Edw. II.]
[13 . . ] Adam de Sandeforth, chaplain of the parish of Blessed Mary
of Carlisle to "William called Parsonman of Hoton and Margaret
daughter of John Glover his wife. Conveyance of all messuages &c. in
the city of Carlisle and in the town of Corbrygh. Witnesses, Sir
Richard de Denton, sheriff of Cumberland, Robert de Tibay, mayor of
Carlisle &c. [Denton was sheriff in 10, 24 and 25 Edw. III. 1337,
1350, 1351.]
CORBRIDGE. FAIT FAMILY. — s. d. John Musgrave, son and heir of
Robert Musgrave his late father and of Agnes his mother, to Sir
Adam de Corbryk, chaplain, and John Fayt, burgess of Newcastle. Re-
lease of a rent of 8s. 6d. due to him in the town of Corbrige out of a
tenement in Smethingate, between Fayt's tenement on the east and a te-
nement formerly John Forster's on the west.
1352. Thomas Fayt of Corbrig to Thomas Cissor and Agnes
his wife daughter of the said Thomas Fayt. Conveyance of a tenement
in Corbrig in the Smithygat between a tenement of Sir Hugh de Rogh-
syd chaplain and a tenement of Sir Gilbert de Mynsteracres, perpetual
vicar of By well. (R.)
[1372.] John Fait9 and Agnes his wife, and William Fait and Ma-
tilda his wife, to Adam de Corbrigg and Peter Blonk, chaplains.10 Fine
of 28 messuages and 30 acres in Corbrigge. Hilary Term, 46 Edw. III.
1381. Thomas de Musgrave, burgess of the town of Newcastle-upon-
Tyne, to John Fayte of Corbrigge, Sir Peter de Blonk and Sir
Adam de Corbrigg, chaplains. Conveyance of three messuages and two
acres in the town and territory of Corbrigg. One messuage lies in Mar-
ket-place (in vico fori] between a messuage of William de Blenkhowe
9 See No. 11, .p. 64, vol. i.
TOL. II. F
34 LOCAL MUNIMENTS.
on the N., and a messuage of William de Duxfeld on the S. Another
lies in the same street on the East side between a common spout (spow-
tam) on the "W. and a messuage formerly Alan de Felton's on the E.
The third messuage is at Corwell between a messuage of John de Eb-
chester, chaplain, on the N., and a common vennel leading to the Tyne
on the S. Of the two acres, one is called Lymekilnes : the other lies at
Briggepolles between Thomas Baxter's land on the N., and land for-
merly William Fayte's on the S. At Corbrigg, Thursday, 18 April.
1395. William Martyne and Katherine his wife to John Fayte
and Anot (Anotce} his wife. "Release of all actions &c. by reason of the
paternal gooc's by the decease of Katherine' s father or by bequest in
his testament to the same Katherine and also the profits of the lands be-
longing to the said Katherine after the death of her brother Thomas,
and all other actions &c. At Hextildesham, 4 May.
1406. Adam Prest of Corbrigg to Sir John Fayt, vicar of Sy-
mondburn, son of the late Sir William Fayt and Matilda. Conveyance
of all lands &c. in the town and fields of Corbrig which he had by gift
of William Fayt and Matilda his wife. (R.)
[1464.] William Rousby, senior, of Durham to Robert Patson,
Robert Cokyn, and Richard Prior [a surname] of Durham. Release of
all the tenements burgages rents and services which he lately had by
feoffment of Nicholas Ingilwoud son and heir of Joan Ingilwoud widow
deceased, the daughter and heir of Richard Cressyngham and Alice his
wife the cousin and next heir of Master John Fayt late vicar of Acley,
of and in all lands &c. in the town and fields of Corbrig, the town of
Newcastle, the town of Nort Aukland ml al^bi. At Durham, 4 May,
21 |Edw. IY. [See an earlier evidence concerning the Cressyngham
property at Auckland, No. 8, p. 64, vol. i.]
1491. John Lonesdale of Durham, barbure, and attorney of Nicho-
las Ingilwod, appoints Richard Lewynn Robert Sylby and John Blunt
his attorneys to receive seisin in his (Lonesdale's name) of 28 messuages
and 30 acres in Corbrige which Lonsdale recovered in the name of Ingil-
•wode in the court held at Corbrige 31 May, 22 Edw. IV. [1482.] At
Durham, 10 Oct.
CORBKEDGE. MISCELLANEOUS TITLES. — s. d. Walter son of Hugh the
Butcher of Corbrigges to Hugh called Whinnvylle of Corbrigge.
Conveyance of a toft there, on the south side of the cemetery of Blessed
Andrew of Corbrigge, between a toft of Andrew Kinbel on the E.,
and the shop (celda) formerly of John del Corner on the W. Rent
3*. 3d. Witnesses, William de Tyndal, Alan fitz -Richard, Hugh fitz-
LOCAL MUNIMENTS. 35
Asceline,11 Adam de Routhsyde, Ralph de Wywell, Alan de Erington,
Thomas called Prest the clerk, and others, (temp. Edw. I.)
s. d. Thomas son of Hugh the Butcher to Michael Smith \_Falro~]
of Corbrigge and Alice his wife. Conveyance of a toft in Corbrigge
between the messuage of Richard called Prest on the south and the
messuage of Blessed Mary which Sir Thomas the chaplain of Midegat
holds on the north. Yielding to the Abbot and Convent of Blanchland
1 8d. per annum. Witnesses, Robert de Barton and the witnesses to the
last charter.
1288. Hugh son of Hugh late Butcher to Thomas called Gray.
Conveyance of a place of a curtilage behind the tenement formerly of
Andrew called Kenebell, and extended in breadth from a tenement of
the said Andrew to a tenement formerly William de Dythton's, and in
length from a tenement formerly of the said Hugh the Butcher to the
tenement formerly John de Lund's in the street of the Fishers' market
(in vico fori piscatorum). Witnesses, Alan de Erinton, Thomas called
Prest &c. Newcastle-upon-Tyne, St. Hilary's day, 16 Edw. I.
1316. Isabella daughter of the late Nicholas Stone of Corbrige
to Reynauld of Newcastle-upon-Tyne. Release of a messuage in Cor-
brige in the Market-place. (R.)
1322. Reynauld of Newcastle-upon-Tyne, clerk to Thomas
Gray. Conveyance of a messuage in the town of Corbrige in the Mar-
ket-place. Witnesses, Thomas Preest,12 &c. 1 May. (R.)
\_Cir. 1296.] Margaret late \quafuit~] wife of Gilbert Ferure of Cor-
bryg to Agatha late wife of William de Herford. Conveyance of
her part of the shops fceldarumj on the east side of the cemetery of
Blessed Andrew of Corbryg which belong to her in the name of dower
by the death of William de Karleton formerly \_quondam] her husband.
Yielding 6*. rent for her life. Witnesses, William de Tyndal, Robert
de Barton, John de Horseley, Richard Prest, Alan de Erinton. (R.)
\_Cir. 1316 ] Hugh de Blunvile to William de Lundon and
Agnes his wife. Conveyance of his shop fceldaj beside the church of
St. Andrew of Corbrigg. Yielding 3s. rent. (R.)
1316. Symon Kymbelle of Corbrig to William de London,
merchant. Release of 2s. rent which he used to receive out of the above
shop. Dated at Newcastle. (R.)
11 Asteline in the copy; and there are errors as to this name on^?. 65, vol. i. It is
hard to judge between the medieval c and t, but from a spelling Asseline hereafter, I
decide for c in this instance.
12 Prest was therefore pronounced as is our modern priest. Richard Reynauld
occursjn No, 1.3, p. 65, vol. i.
36 LOCAL MUNIMENTS.
*. d. Gilbert de Ebchester and Matilda his wife to Thomas Gray.
Belease of 3s. rent issuing out of the shop which Gray bought of Wil-
liam de Oundon.13 "Witnesses, Adam fitz- Alan, Alan de Erington, Tho-
mas son of Richard prest, John de Lund, Adam Palmer, Hugh fitz-
Simon.
[1322.] Eichard Eeynauld, of Newcastle-upon-Tyne, to Thomas
Gray. Conveyance of a messuage in the town of Corbridge, in the Mar-
ket Place, as it lies in breadth between a messuage which was Hugh
fitz-Symon's and a messuage formerly Hugh fitz-Asceline's, and extends
in length from the high way to a stone wall formerly the said Hugh fitz-
Asceline's. "Witnesses Thomas Preest &c. At Corbridge 1 May 15
Edw. fitz-Edw. [See the conveyance to Reynauld from Thomas Squire
and Emma his wife, No. 13, p. 65, vol. i.]
[1322.] Kentegern Scheley to Thomas called Gray. Convey-
ance of the seven burgages in Corbrigg of which Stephen de Stanton
and Agatha his wife enfeoffed the said Thomas Gray. "Witnesses, Alan
de Errinton, Thomas called Prest &c. At Newcastle, the feast of St.
Peter in cathedra, 15 Edw. fitz-Edw.
[1328.] Henry de Delmtham to Thomas called Gray of Cor-
brygg. Lease for five years from Michaelmas 1328 of all the lands and
tenements in Corbrygg which he previously held of the said Henry.
(No rent reserved.) Gray shall do the services to the chief lords of the
fee, and keep up the house where Richard de Gatesheued dwells. Delm-
tham shall pay to Gray a mark of silver at the end of the term, and on
payment and not till then, may reenter. After the term, until pay-
ment, Gray shall continue in possession as tenant from year to year.
[1330.] Hugh Somervile and Helota his wife to Thomas called
Gray of Corbrygg. Conveyance of all their land in Corbrygg on the
north side of the way which leads from Stagschawe to [apud~] Ayne-
wyke between the land of Gray on either side. At Corbrygg, Sunday
before the feast of St. Cuthbert in September, 4 Edw. III.
1329. John fitz- Alice de Corbrige to Matilda daughter of John
his son. Conveyance of a toft in Corbrig in Prencstrete between a toft
formerly Hugh fitz-Asceline's and a messuage of Alan Chyri. At Cor-
brige, Thursday after the feast of St. Barnabas. Endorsed " the tenement
which Alan Cherry formerly held of John Jonson."
1334. John fitz-Thomas de Wotton to John fitz- John de Core-
briggs. Release of a messuage in Corebrigg in the street of the Eisner's
Market, which the same John [fitz-John] had by feoffment of Agnes
late wife of Hugh fitz-Asseline of Corebrigg. Dated in the Abbey of
13 Lundon ?
LOCAL MUNIMENTS. 37
Blancheland, Tuesday after the feast of the Holy Trinity. (R.) [See
a release of the property by William de Herle, No. 14, p. 65, vol. i.]
1322. Christina called Feynane of Corbrigg to Thomas called
Prest of Corbrigg. Release of a parcel (placea) of land in Corbrigg,
which the said Thomas lately held in fee of Thomas the husband of the
said Christiana, and of 2s. rent issuing thereof. "Witnesses Sir William
de Grlaston vicar of Corbrigg, &c. Dated at Newcastle. ^R.)
1324. John de Porta of Corbrige to Laurence de Durham,
burgess of the town of Newcastle-upon-Tyne. Conveyance of a parcel
of land in the town of Corbrigg in a street called the Hydmarket.
Witnesses, Sir Gilbert de Boroughdon, sheriff of Northumberland, &c.
19 June. (R.)
1356. Emma, daughter of the late William Sawer of Corbrigg
to John de Cotesford perpetual vicar of Corbrig. Conveyance of half an
acre in the field of Corbrigg, viz. in Colchestr, (E.)
[Here is an early notice of the Roman station, and once for all, I
would earnestly beg of our etymologists and Eoman antiquaries to study
our collections of old charters very carefully. The former might save
themselves many vain speculations on corrupt forms of names, and the
latter may discover many a Chester and trace lines of road with much
greater ease when they have lists of the suggestive appellations which
appear in those thin parchments, which have survived road and camp,
and wall, and altar. In the old Life of St. Oswin, published by the
Surtees Society, Colebrige is put for Corebrige. So also in some records
(Hodgson's Northumberland,, iii., i., 43, 50, 142). Eeferring to two
charters relating to William fitz-Aluric, cir. 1130, we find that in one
he is termed de Colulrugia, in the other de Corlrugia (II. ii., iii., 17).
On the common seal and in charters about 1234 we have Corelrigia.
All the charters here abstracted read Cor for the first syllable. Some
writers give the name of Cor to the brook on which the decayed town
stands. Leland thought that it was called Corve, though the name
was not well known. He mentions Colecester and its fabulous tenant,
a giant called Yoton. Divers streets of the town had " quite gone down,"
though they retained their names. Gordon calls the camp Corchester ;
Horsley Corbow and Colchester ; and the latter states that he was told
on the spot that Corbow was a small space included in Colchester.
The station is the Corstopitum of Antoninus. As to the name of Cor
for the brook, Corbrook and Corbridge Burn are the more modest mo-
dern terms, and Cor is connected in legend with a giant Cor, perhaps
Leland' s Yoton. Indeed, Cor is not a likely name for a stream, and if the
name was not well known in Leland's time, it will hardly have be-
38 LOCAL MUNIMENTS.
come more patent now. Cor certainly seems to be the first syllable of
Corstopitum retained in composition, as the Vin of Yinovium is in Bin-
chester.]
[1517.] Cuthbert Billynghamof Crukhall besyd Durham, Esquyer,
John Bentley of Trillesden, Thomas Marmaduk, prest, Hugh Waker-
feld, prest, Robert Harby of Durham, John Colson, Hugh Rowll, Robert
Crak, Richerd Merley, and Robert Wilsett, reciting a conveyance by de-
mise in perpetuity of lands and tenements in the town and fields of Cor-
brige to Roger Heron of Halyden, co. Northumberland, gent, dated
8 July 9 Hen. VIII. , covenant to produce all their evidences concerning
the same when required. Dated 1 1 July, 9 Hen. VIII.
W. HYLTON DYER LONGSTAFFE, F.S.A.
Gateshead.
39
CARDINAL WOLSEY'S INSTRUCTIONS TO HIS OFFICERS
AT DURHAM.
(Chapter House Records, Rolls House, First Series, No. 270^
Instructyons devysed by my Lord Legate his grace for Doctour Strang-
wysshe Surveyour of Duresme and Rycharde Bellysis Esquier and to
be executed by them within his Busshopricke of Duresme.
First that they be diligent to oversee and survey all the mynes of
lede or any other metall and also cole mynes or any other myneralles
within the saide Busshoprick the same to be converted imployed and
improuved to my lord his most proffyte and advantage.1
Item where of late my lorde his grace hathe caused a certen new
house and furnes to be made for the melting and tryeing of lede with
see coles that they do se the saide house and furnes perfyted and also
preserved in the best wyse.
And that they shall devyse with the fyners which have taken uppon
them to melte the saide lede with see coles that they with diligence
may precede unto the melting of the same Forseing alwayes that no
waste of money or losse of tyme be had aboutes the same but that dili-
gence be gyven thereunto so that in as brief tyme as possible may be my
lorde his grace may be acerteyned what proffyte ys lyke to insew of
the melting of the saide lede and what the yerely value by estymacyon
will amounte unto.
Item that they shall devyse with certen persons of Berwyk for a re-
lesse to be made unto them for my lordes fisshinges there and also to
cause suche fynes to be levyed for the same as shalbe to my saide lorde
his most proffyte and advantage with also certen barelles of salmon to
be payed unto my lordes grace yerely according to suche instruxions
as is gyven to them by monthe that ys to meane xx barelles of salmon
yerely during my lordes lyf.
Item that if there be any other fermes fisshynges or any other im-
prouvements which may laufully be taken within the saide Busshopryk
that then they joyning togither shall by their good discression comon
with any suche person or persons as shall be wylling to take the same
And theruppon to certefye my lord hys grace of such fynes and proffytes
as may arryse unto his grace by the same.
Item that my lord his ship of Tynmouth may with all goodly spede
be takeled and put in a redynes.
And that the fyners in no wyse lacke any ower or any other neces-
sary thing belonging to theyr facultee by reason whereof they might or
shoulde alledge any impedyment in their workes whereby my lord his
1 See Frankeleyn's letter, Hutch, Durham, i. 405.
40 CARDINAL WOLSEY'S INSTRUCTIONS.
grace might be put to charges without taking any advantage or proffyte.
Item that my lordes wardes may be seased and the proffytes of theyr
londes taken to my lorde his use And that comonycacion may be had
with suche persons as will bye the maryages of the same And that his
grace may be certefyed who wilbe most proffytable to his grace And
uppon his pleasure knowen the same to be ordered.
Item that no arrerages be left unlevyed of any the fermors or tenantes
within the said Busshopricke but that the same may be payed to th'use
of my saide lorde at the termes accustomed without ferther delaye.
Item that they do speke unto Mr. Bowes to be my lorde his Exchet-
our within his saide Busshoprick and to advertise him on my Lorde his
behalf that he se my lorde his grace take no wronge as in his wardes and
other exchetes within the saide Busshoprycke.
Item that the saide exchetor shall with all spede precede unto the
fynding offyces of all suche wardes as my lordes grace at this present
or hereafter shalbe intyteled unto So that the londes and bodyes of the
saide wardes may be ordered according to the lawes And that his grace
may be answered of all th'issues and profyttes of their londes as also for
the maryages of the persons of the same wardes And if in case that any
feoffement be alledged to th'use and performaunce of any will or wylles
or th'use of any joynctour or joynetours Or that the mothers of any
of the said wardes shoulde be indowed after the customes and law there
That then circumspectly the saide feoffementes may be sene And the
ffeoffes knowen so that my lordes grace may know his tenante And
also that his grace may be answered of the rest of th'issues and proffytes
of the saide wardes londes Porseing alwayes that no ffeoffement ne will
be amytted unto such tyme that suffycyent prof be had of lyveree and
season concernyng the feoffement whereby the same will or willes
might or may take any effecte.
Item that my said lorde his attorney and other the offycers of his
courtes within his saide Busshopricke shall in as convenyent tyme as
may be certefye his grace of all fynes for alyenacyons amercyamentes
for being nonesuytes fynes uppon the sheryf for none retorning nor ex-
ecuting of proces forfaytures uppon statutes penall recognisances weves
strayes felons goodes felons londes forfaycte deodandes and all other
exchetes amercyamentes proffytes and casualtees which have happened
these vj yeres now last passed And that my Lordes grace may be certe-
fyed what the proffytes of the same yerely may be worth within his
said county e palentyne.
Item that my Lordes Ship ymedyatly uppon his arryvayll there may
be laden with coles and sent to my Lordes Colledge in Gipswiche.1
1 See "Wolsey's Letter in Raine's Auckland Castle, 03.
41
ROLL OF PRAYERS FORMERLY BELONGING TO HENRY YIII.
WHEN PRINCE.
IN the library of Ushaw College 'is a roll of prayers, the interest of
which is much greater than our knowledge of its history. All that we
can learn is, that it was sent to the library by a gentleman, from Liver-
pool, along with some other antiquities. The roll is a collection of
prayers, to many of which indulgences seem to have been attached.
The setting forth of these indulgences, as also of certain temporal bene-
fits to be obtained by these prayers, is in almost all instances in a thin
purplish red ink, not the ordinary vermilion of manuscripts. From the
style of the illumination, we could have decided at once upon the age of
this roll, even if King Henry VII., as the then reigning king, had not
been named in it. That it belonged at one time to Prince Henry, after-
wards King Henry VIII., is evident from the autograph of that Prince ;
and in all probability the roll was originally written for him, if we may
judge from the repetition of the Tudor rose and other emblems apper-
taining to his royal race. The illuminations on the first and last strips
have been much disfigured through the free use of some antimony or
lead in the flesh tints ; the faces, hands, &c., of many of the figures
having become perfectly black. In Italy several such bede-rolls are
still preserved in various libraries, and some of them are very richly
illuminated, but we are not aware that many such are preserved in Eng-
land. At all events, a MS. by an English scribe, as this undoubtedly
is, cannot fail to be interesting.1
The roll in question is about eleven feet in length by nearly five inches
in breadth. It is formed of four strips of parchment, united by silk
thread. The first and last of these are much more dirty and injured
than their fellows, and their illuminations are considerably defaced. At
the commencement of the roll, in the centre, there is the appearance of
the washing out of an illumination, possibly an expanded roll or shield.
A faint cross flory is all that now meets the eye. On either side of this
is the Tudor rose en soleil, beneath which, on the dexter side, is the
1 For an account of a bede-roll in the possession of Sir W. C. Trevelyan, Vide
Archaeologia JEliana, 0. S. iv., 1.
42 ROLL OF PRAYERS FORMERLY BELONGING
Prince's badge of a feather springing from another Tudor rose2 en soleil and
encircled with a crown, and traversed below the crown with a label. On
the opposite side are the remains of illumination, where the crown is
again to be traced, with something like a quiver of arrows3 beneath.
In the centre below the shield of arms is the t $ t surrounded by the
crown of thorns.
Beneath this is the first illumination, nine inches long by two in
breadth, and representing in the upper part the Blessed Trinity, typified
by three figures holding the globe. The centre figure of God the
Father is crowned, as also is that on the left hand representing the
Holy Ghost. The figure of our Saviour is uncrowned, and bleeding.
Beneath this is a mitred figure of a bishop praying on his knees before a
window, and holding a crosier. Behind is an angel holding a shield,
gyronny Gules and Argent,4 a cross engrailed between four cinquefoils
slipped Or. Immediately beneath this is a prayer of thirty lines for
victory over enemies, followed by the initial verses of the three Psalms
— " Deus in nomine tuo salvum me fac" — "Deus misereatur nostri"—
and " Miserere mei Deus secundum magnam." Then follows a very
beautiful prayer for deliverance from dangers and for remission of sins
(18 lines). Both the above prayers are in Latin, as indeed are all the
prayers on this bede-roll.
The second illumination, of nearly equal length and breadth to the
former, represents the Crucifixion of our Lord between two thieves.
The crosses are Tau-shaped, and the two thieves have their hands nailed
to the back of the crosses. In one case the arms are taken over the
cross at the shoulders, in the other at the wrists, and in the former case
the head reclines over the top of the cross. Our Lord is suspended in
the usual manner; immediately beneath is the following written in red
ink : " Iff ye be in synne or tribulacion knele downe on your knees be-
for the Eood, and pray God to have mercy on you, and that he will for-
yeve you your synnes, and to graunt you your peticion as he graunted
Paradise to the thefe, desire your peticion ryghtfully. And than de-
2 The roses appear to be white ones in the centre of red ones, the turned-over edges
of which seem to be white. — ED.
3 There is the appearance of 6 or 7 arrows star- wise, passing through an object
like a yellow tower, which, if not a quiver, may be the castle of Castile. It is evi-
dent that the roll is subsequent to Prince Arthur's death, and it probably was Henry's
gift. The badge of Henry and Catherine in a window of Yarnton church Oxford-
shire, is a double white rose crowned, behind which are 9 arrows, one in pale, the
rest starwise, points downward, Or, feathered Argent.— ED.
* Azure would be poorish heraldry, yet there are some faint traces which induce us
of GuletS A!UI e heSltatl°n> The initial letters * the r'U ™ gold upon a ground
TO HENRY VIII. WHEN PRINCE. 43
vowtedly behold the fete and sey, ' Adoramus te Jhesu Christe, et bene-
dicimus tibi, quia per sanctam crucem tuam redemisti mundum, miserere
nobis.'6 And then sey this psalm, ' Ad te levavi oculos meos,' with
' Gloria Patri.' And then sey this anthem, ' Qui crucis in patibulo,
oblatus es pro populo, clavis fossus et lancea per tua quinque vulnera
pie Jhesu succurre nobis in hac angustia.' And then sey ' Pater Noster
— Ave Maria.' And then stedefastly behold the sydes, and sey,
' Adoramus — Qui crucis — Ps : Deus nomine tuo — Pater Noster — Ave
Maria.' And so behold the hands, and sey, &c. And then behold the
hed, and sey, < Adoramus, &c.' And so, with a holl mynde to all the
body, sey, ' Adoramus, &c.' " the form in each case being the same, with
varied psalms. The last instance concludes with " Credo in Deum."
On the top of the succeeding piece of parchment, we find the follow-
ing important autograph : — " Willy am Thomas I pray yow pray for me
your lovyng master — Pry nee JETenry."
Beneath this autograph is an illumination representing our Lord in the
sepulchre, or rather sitting upright therein. Two Tau- shaped crosses,
with figures thereon, appear in openings behind the canopy which
hangs over the sepulchre. The figures in this illumination are not in
the least discoloured. Blood is spouting from the sacred wounds in the
side, the hands, and the head. Beneath this are the following lines in
English, and, like all the other English words, written in red ink : —
" To all them that befor this ymage of pyte devowtely sey v. Pater
Foster, v. Ave Maria, and i. Credo, shall have lij. M. vij. c. xij. yere and
xl. days of pardon graunted be S. Gregory and other holy men." This
is similar to S. Gregory's " ymage of pitye," often given in old illumi-
nations, but not exactly identical.
Here follow seven prayers, each commencing with an illuminated let-
ter, and addressed to our Lord in his sacred Passion. Beneath this is a
large illumination of our Lord hanging on a Tau-shaped cross. This is
one of the best illuminations on the whole roll. On either side of the
cross are angels holding scrolls, running nearly the whole length of the
figure. The inscription on the right hand scroll is in red letters and in
English, that on the left is in Latin.
At the foot of the cross are two angels holding a cloth, on which
drops the blood from the wounds of our Lord. The English inscription
is as follows : — " This cros xv. times moten is the length of our Lord
Jhesu Criste, and that day that ye here it upon you ther shal no evyl
spirit have power of yow on londe ne on water, ne with thonder ne liten-
5 A similar prayer to this is used in some of the modern devotions relating to the
Crucifixion.
44 ROLL OF PRAYERS FORMERLY BELONGING
yng be hurt, ne dye in dedely synne withowte confession, ne with fyer
be brent, ne water be drowned : and it shal breke your enemys power and
encres your worldly goodes, and if a woman be in travell off childe, ley
this on her body and she shal be delyverd withowte parel, the childe
crystendom, and the moder purificacyon. S. Cire and his moder S.
Julitt6 desired these petitions of our Lord."
The prayers and hymn on the opposite scroll are curious : — " Salve
decus parvulorum miles reges angelorum, 0 Cirici, cum beata genetrici tua
Julitta. Christus et Maria nos sal vent mortis in hora," &c. Then fol-
lows a Latin prayer, begging of God, through the intercession of St.
Ciricus and Julitta, various graces and favours.
Immediately beneath this is an illumination of the three nails of the
Passion passing through the crown of thorns, and with the feet and
hands pierced by the nails ; the wounded heart is laid upon the centre
nail. The nails are about four inches in length, and the heads are dia-
mond shaped. Below the crown of thorns, and about halfway of the length
of the nails, is another English inscription as follows : — " Pope Innocent
hath graunted to every man and woman y* berith upon them the length
of these nails, seying daily v. Pater Noster, v. Ave Maria, and i. Credo,
shall have seven gifts. The first is he shal not dye no soden deth.
The secund is he shal not be slayne with no sword ne knyfe. . The iijde.
is he shal not be poysoned. The iiij. his enemys shal not overcom hym.
The v. is he shall have sufficient goodes to his lyves ende. The vj. is
he shal not dye withoute all the sacramentes of holy church. The vij.
is he shal be defendid fro al evell spirites, pestilens, fevers, and all
other infirmities on londe and on water. "
live prayers to the wounds of our Lord follow, each commencing with
a well illuminated letter. Then follows an illumination representing
the Blessed Virgin and Child, with a town in the distance, and the an-
gelic host looking down from the clouds. Beneath, in red ink, but in
Latin, are the following lines, preceding a prayer to the Yirgin : —
" Sequens ha3c oracio data fuit beato Bernardo ab Angelo quse et dixit,
'Sicut aurum est pretiosissimum metallum, sic ista oracio praecellit
alias oraciones.' " The next picture is that of St. Michael conquering
the evil spirit, personified by a dragon-like monster with six heads and
a tail ending in another head. The archangel is clothed in a tight-fitting
feathered garment, of a bright red colour, relieved with gold. Beneath
is a hymn to the saint. Following this is a picture* of St. George slay-
ing the dragon, with a hymn and prayer for the saint's intercession.
6 The martyrdom of SS. Cyr or Cyrique, infant, and his mother Julitta, occurred
in the reign of Diocletian. Ciricus and Julitta MM. , June 1 6th, Rome : June 1st, Paris.
TO HENRY VIII. WHEN PKINCE. 45
The next illumination is a singular one, and represents St. Herasmus
of Campania extended on a rack or board, naked, but with his episcopal
mitre on his head, while two executioners are winding out his bowels
upon a reel, constructed in the boldest defiance of perspective. Beneath
is a hymn recording the various torments endured by the saint, and ter-
minating in a prayer for his intercession. The colossal figure of St.
Christopher follows, bearing, according to the old legend, the child
Jesus on his shoulders, with a hymn and prayer. The figure of St.
Anthony has been well drawn, and the black drapery is fine, but the
flesh has now become black also. He wears two Tau-shaped crosses,
one blue, the other white. In the hymn and prayer St. Anthony is in-
voked against the St. Anthony's fire, the erysipelas of modern days.
St. Pantaleon, a famous saint of the Greek church, occupies the next
picture. The saint is represented in a green cope, while an executioner
is in the act of beheading him with a sword. He seems to have been
invoked against fevers.
The concluding picture represents St. Armyl or Armagil, perhaps the
same as the famous St. Armoul of Brittany. The saint is represented
praying before a crucifix, and holding by a band or stole passed round
its neck a huge dragon which he appears to have vanquished. Beneath
this, in red ink, are the following lines : — " He that prayeth hartily to
God and to Seint Armyl shal be delyverd fro all these sekenes under-
writen. That is to sey of all gowtis, aches, agwis .... fevers and
pockes, and mony other infirmytes: as it apperith in his life and
legende the which was brought out of Britaiyne at the ynstans oft the
Kyng owre Sovereyne Lord Harry the vijth."
Then follows the prayer, and the whole is ornamented by the crown
of thorns surrounding m'tt.
EDWARD CHARLTON, M.D.
Newcastle-upon- Tyne.
46
LEADEN BOX AND CROSSES FROM RICHMOND.
WE beg to call the attention of the members of the Society to a curious
relic of antiquity recently discovered at Richmond, and which has been
kindly placed in our hands by Sir William Lawson, Bart., of Brough
Hall.
It is a small leaden box, and was picked up on the 9th of
March last, near the river Swale, amongst the debris and rubbish cast
out of the Castle yard at Richmond, while levelling the ground there for
the Barrack lately built therein. The person who found the box picked
it up close to the river side, and in a hurry, no doubt, to get at the
treasures contained within it, he broke it open by means of a stone,
and thereby scattered much of the powder it contained, and in all
probability likewise broke the glass, as he only found the glass in frag-
ments in the box. The box was firmly soldered down, so that it re-
quired some violence to open it. It is of lead, about 1-1 Oth of an inch
thick, 2J inches long by If inches in breadth, and about an inch in depth.
It contained four rude leaden crucifixes, of a plain Latin form, and a
quantity of fine greyish calcareous powder, and the whole was probably
covered over on the top beneath the lead by a plate of thick greenish
glass, of which several fragments remain.1
The four small leaden crucifixes are extremely rudely cast, and what
is also interesting, they have all been cast or struck in different moulds.
On one side of each of them is the figure of our Lord ; on the reverse
are what may be considered rude attempts at characters, but none of
them are legible to us, and indeed we doubt much if they are characters
at all. We might suggest that they were intended for the instruments
of the Passion of our Lord, were it not that they do not bear the most
distant resemblance to the ordinary representations of such objects. The
crucifixes were probably laid upon, or were imbedded in, the light-
coloured calcareous earth, which probably filled up the box. We have
examined this earth with a powerful microscope, but can detect in it no
fragments of animal matter ; it seems to consist of clay, with fragments
1 The glass was found in fragments in the box ; there was quite enough of it to
have formed a plate across the box above the earth, which nearly filled one half of the
whole. The glass has a peculiar beryl tint by reflected light ; its surface is rougher,
. On shewing it to a per-
he at once unhesitatingly
. n y reece
and its texture coarser than that of our modern plate glass. On shewing it to a per-
son well acquainted with the varieties of modern glass,
pronounced it to be of ancient manufacture.
LEADEN BOX AND CROSSES FROM RICHMOND. 47
of heavy spar or gypsum. From the form of the crystals, which are
however very minute, we should consider them to be sulphate of lime or
gypsum, a much more likely substance to be found in ordinary soil than
the sulphate of barytes. On adding muriatic acid a certain effervescence
takes place, but the majority of the white masses are not dissolved.
We are not able to discover amid this earth traces of any animal matter
whatsoever.
How are we then to account for the extraordinary care with which these
crosses and the dust have been guarded ? The box has evidently been
coated with pitch or with bitumen, as portions of this can be found on
every part where the lead has not been exposed by recent scraping with
a knife. The precise spot where the box was turned up is of course
unknown, but the scite of the Castle Chapel was much disturbed dur-
ing the excavations for building the Barracks. In all probability the
box had been interred with some person who had been buried there, and
all else had perished around it. The burial of the carefully soldered
leaden box, containing objects in themselves of such little intrinsic value,
would indicate that some peculiar sanctity or veneration was attached to
the objects in question, and it was suggested at first, that the earthy matter
probably was the dust from the tomb of a saint, or perhaps a portion of
the remains themselves. This, however, is completely disproved by the
chemical and microscopical investigation of the earth in question ; for it
contains no animal remains whatsoever. Nor would this account for
the four leaden crosses so carefully preserved. A cross of gold, silver,
or even of lead, was often buried with the corpse of an ecclesiastic or
great personage, as is the case even at the present day, but in such in-
stances a single cross was placed on the breast of the corpse.
In the middle ages the pilgrims who had visited various shrines, re-
turned bearing with them leaden tokens of various shapes and device,
indicative of the spots they had visited, and purchased at the time of
their attendance at the shrine or holy place. In an elaborate paper by
C. Roach Smith, On Pilgrims' Signs and Leaden Tokens, published in
the first volume of the Journal of the British Archaeological Association,
we find a full description of many of these signs or tokens2 which have
2 The leaden signs and tokens are alluded to by Erasmus in his Colloquy of the
Pilgrimage for Religion's Sake, as also by Chaucer, or rather by the author of the
Supplement to the Canterbury Tales, and by the author of Pierce Ploughman's
Vision.
" An hundred of Ampulles And keyes of Rome
On his hat seten And the vernycle bifore
Signes of Synay For men should know
And shells of Galice And se bi hise signes
And many a crouch on his cloak Whom he sought hadde."
Vision of Pierce Ploughman, 1. 3533, Wright's edition.
48 LEADEN BOX AND CROSSES FROM RICHMOND.
been discovered in London and elsewhere. Some of them bear inscrip-
tions indicating from whence they came — as St. Thomas of Canterbury —
Amiens in France, &c. None of these, however, seem to have been in
the shape of a cross or crucifix, and may we not be justified in the sup-
position, that this, the holiest sign of our redemption, was chiefly re-
served to indicate those who had visited the Holy Places in Judea ?
Great quantities of these tokens, which had been laid on various shrines,
were no doubt occasionally brought home ; but the fact of four crosses
of different moulds being placed in the same casket, would indicate
that the pilgrim with whose corpse these were interred had obtained
these crosses at various places sanctified by the memory of our Saviour's
life, or possibly at distinct spots in Jerusalem venerated as the localities
of the respective stages of his Passion.
The earth in the box we may with justice suppose to have been
brought by the pilgrim from the Holy Land. No higher privilege could
be accorded than that of burial in the Campo Santo at Pisa, in earth
brought specially from Jerusalem ; and may we not imagine, that, next
to interment in the sacred earth itself, the devout pilgrim valued the
possession of a small quantity of that soil which had been watered by
the blood of Christ, and wished it to be interred with him in the grave ?
EDWARD CHARLTON, M.D.
Newcastle-upon- Tyne.
49
UMBO OF A ROMAN SHIELD FOUND NEAR MATFEN.
A FEW meetings ago we had the pleasure of exhibiting to the Society
the article here noticed, with the view of ascertaining the purpose to
which it had been devoted. At that time it was our impression that it
was the brazen boss of a shield, and though we were probably then in
error as to the real nature of the material, we believe we were correct
as to its probable use. It did not excite much attention at the
time, for many even doubted its having any claim to be considered
an antique at all. On shewing it afterwards to Sir "W. Trevelyan, he
immediately detected the existence of an inscription which had before
escaped our notice on the flat external rim, and Mr. Albert Way has
called our attention to a similar boss found some years ago in Lancashire.
The article in question was discovered about 30 years ago by some
labourers in draining a field near Matfen. It lay about 3 feet under-
ground, and was unaccompanied by any other relics of old times. The
men who found it looked on it as the top or cover of a brass vessel
which would no doubt contain treasure, and we are told that they de-
voted a day or two afterwards to trenching the spot to secure the ex-
pected prize.
The old cover, as it was no doubt called, was then wondered at, and
hung up in the farm house ; and every Saturday was submitted to a
most careful polishing by the gudewife, who certainly thereby enhanced
the brilliancy of the auld piece of brass, but by no means improved
the inscription, and perhaps even obliterated other marks upon the boss.
In shape this boss presents the usual flat surface to fit the wood of
the shield, and a central projection of unusually large size. Indeed it was
considerable time before we could bring ourselves to believe in its original
use, as, with the exception of some Scandinavian shields in the Chris-
tiana Museum, we had never seen any bosses so prominent. The
diameter of the whole is 8^ inches; that of the boss is 4/0 inches.
The prominence of the boss is about 2 3 in. ; the thickness of the metal
is greatest in the projecting part, and materially thinner at the edge.
The breadth of the flat rim is almost exactly two inches. The rim ap-
pears to have been turned in a lathe, and is formed into three divisions
by circular double lines about half an inch apart. In one of these
spaces the inscription is found. Four holes are seen in the rim, through
which .square nails have evidently been driven to attach it to the wood
of the shield.
The material of which this relic is composed appears at first sight to
50 UMBO OF A SHIELD FOUND NEAR MATFEN.
be brass, but its deep golden hue, and mellow tone when struck, shews,
even without the aid of chemical analysis, that it is in reality yellow
bronze, a material which seems frequently to have been used by the
Romans in Great Britain. Mr. Thomas Wright has remarked that the
Roman bronze, " under certain circumstances, especially when it has
lain in the water where it was subjected to friction, bears an extraor-
dinary resemblance to gold." The polishing in the present case is pro-
bably due in a great measure to the weekly rubbings it underwent
during the many years it hung in the farmer's kitchen. Its colour is
deeper than in the bronze strainer in the museum of the Society.
The boss or umbo in this instance is certainly of unusual size, but, if
we mistake not, it is exceeded by that figured at p. 457 of Whitaker's
History of Richmondshire, and described there as having been found
about the year 1800 near Garstang, in Lancashire, on the line of the
Roman road to Lancaster. Here the diameter of the umbo is more by
an inch and quarter than that of the present specimen, and the margin
is not so broad, so that the whole diameter is somewhat less. Tour
holes, as here, are visible in the flat rim, for attaching the umbo to the
wood of the shield. The Garstang umbo, which is now in the British
Museum, is covered over with figures of great interest, and engraved
with considerable skill. On the boss is a fine sitting figure of Mars,
surmounted by a wreath of laurel, and on the rim are two spirited nude
figures, an eagle with its claw upon a globe, and other curious emblems.
The specimen before us exhibits no signs of art- workmanship, except
that in the central band of the rim there is a short inscription rudely
struck with a pointed instrument. As far as we are able to decipher
the letters, they give the word DON i p IOVINTI. Of the first word we
are by no means certain ; the D and the N are pretty plain, but the se-
cond letter bears some resemblance to A. The other letters seem pretty
plain, but those more accustomed to the reading of Roman inscriptions
may probably correct our reading.
The inscription, we would suggest, may possibly mean that the shield
was the gift of Julius Publius lovintus. In the list of potters' names,
given by Mr. Thomas Wright, occurs the name of lovantus.
Whoever the owner may have been, the shield was probably lost by
Borne Roman soldier in a skirmish to the north of the Wall, from which
great barrier the spot where it was found is distant only about two
miles. The wood and leather have rotted away long since ; the impe-
rishable bronze has handed down to us, in all probability, the name of
another defender of the Wall.
EDWARD CHARLTON, M.D.
Newcastle-wpon- Tyne.
51
THE BANNER AND CROSS OF SAINT CTJTHBERT.
No relic of the saintly Bishop of Lindisfarne was so much mixed up
with public affairs as the celebrated ensign which was supposed to return
never with defeat in its train — " the Banner of Saint Cuthbert." Its
history has not been very minutely attended to, and it has generally
been supposed to have originated in the battle of Neville's Cross. The
notion rests upon the authority of the Rites and Monuments of Durham, a
work of incalculable value in its pictures of what remained in the church
at the Dissolution, but of no very high credit in its versions of ancient
events. That this book gives a tolerably correct idea of the appearance
of the banner cannot well be doubted, and as it is important that we
should have the object in our mind's eye, I will take its description
from the Rites first.
It is prefaced by a statement that, the night before the battle, Prior
Fossour received, by vision, a command to take " the holie corporax
cloth, which was within the corporax, wherewith Saint Cuthbert did
cover the chalice, when he used to say masse, and to put the same holie
relique, like unto a banner [var. banner cloth] upon a speare point,"
and to repair to the Red-Hills, and there to remain with the relic during
the whole of the battle. Accordingly, he and the monks sallied forth,
and knelt at the Red-Hills, in prayer for their countrymen's victory; a
great multitude of Scots " running and pressinge by them, both one
waie and other, with intention to have spoiled them : but yctt they had
no power or suffrance to commyt any violence or force unto such holie
persons, so occupied in praiers."
" Shortlelie after (continues the account) the said Prior caused a
goodly and sumptuous banner to be maid, and, with pippes of silver,
to be put on a staffe, being fyve yerds longe, with a device to taike of
and on the said pipes at pleasure, and to be keapt in a chyste in the
Ferretorie, when they weare taken down. Which banner was shewed
and carried in the said abbey on festival and principall daies. On the
highte of the overmost pipe was a faire pretie crosse of silver and a
wand of silver, having a fyne wroughte knopp of silver at either end,
that went overthwart the banner cloth, whereunto the banner cloth was
fastened and tyed, which wand was of the bignes of a man's fynger, and
at either end of the saide wande there was a fyne silver bell. The wand
52 THE BANNER AND CROSS OF SAINT CUTHBERT.
was fast by the myddle to the banner staffe, hard under the crosse.
The banner clothe was a yerd brode, and five quarters deape, and
the nether part of it was indented in five parts, and frenged, and
maid fast withall about with read silke and gold. And also the said
banner cloth was maid of read velvett, of both sydes most sumptuously
imbrodered and wrought with flowers of grene silke and gold. And in
the mydes of the said banner cloth was the sayde holie relique and cor-
porax cloth inclosed and placed therein, which corporax cloth was
covered over with white velvett, half a yerd square every way, having
a red crosse of read velvett on both sydes over the same holie relique,
[here the writer seems to return to the banner as a whole] most artifi-
ciallie and cunynglie compiled and framed, being fynely fringed about
the edge and scirts with frenge of read silke and golde, and three litle fyne
silver bells fast to the scirts of the said banner cloth, like unto sackring
bells, and, so sumptuouslie finished and absolutely perfitted, was dedi-
cated to holie Saint Cuthbert, of intent and purpose that the same should
be alwaies after presented and carried to any battell, as occasion should
serve ; and which was never caryed or shewed at any battell, but, by
the especiall grace of God Almightie, and the mediacione of holie Saint
Cuthbert, it browghte home the victorie."
This is a very circumstantial account, and an equally minute one
follows of the cross of stone called " Neivell's Crosse." That the
descriptions of these objects are true, that the corporax cloth was at the
Battle of Durham, perhaps near Maydes Bower as stated in the Bites,
and that the cross of stone was erected in consequence of the victory, I
by no means deny. But as there was already a Neville's Cross, so also
there was already a Banner of Saint Cuthbert, one of such consequence
as to render it a matter of certainty that it would not be wanting on
the field of fight. There may have been some repairs and restorations
of it afterwards ; it had acquired a new value ; its silver fittings, possibly
its bells, and its staff, might be new ; but I need hardly point out to
you that here is a banner as obviously older than the battle, as the stone
cross of Neville, with crests and other marks of full Gothic, was obvious-
ly of the period of the great event. The banner is of the identical
design which appears in the Conqueror's standard in the Bayeux Tapestry,
on Stephen's great seal, and in one of the saintly banners on the celebrated
standard which gave name to the Battle of the Standard. Some writers
have made the Banner of St. Cuthbert to be present at that encounter,
a mistake set down with much probability by Mr. Surtees to the credit
of a passage in Leland's Collectanea, read with a stop in the wrong
place : — Procedentes versus Alverton in campo quodam de feudo Sancti
Cuthbert, Standart id est malum navis erexerunt, vexillum S. Petri et
S. Joannis de Beverlac et S. Wilfridi Ripun in eo suspendentes, et corpus
Domini superimponentes." This standard was, like St. Cuthbert' s, sur-
mounted by a cross.
THE BANNER AND CROSS OF SAINT CUTHBERT. 53
Had the Banner of St. Cuthbert been of a late date it would in all
probability have contained the arms which were found for him when
the use of founders' arms became general in the monasteries. " These,"
says the Visitation of 1530, " ben the armes of the monastery of Dur-
ham which ys founded by the Bysshop of Durham, in the honor of
Saint Cuthbert, and these annis present ys the armes of Saint Cuthbert,"
Azure, a cross flory Or between four lions rampant Argent — insignia
frequently used by the Bishops cotemporaneously with their other coat
with the plain cross, which apparently alluded to St. Oswald. In both
the lions have, in modern times, been altered from silver to gold.
There is, besides, the express authority of an historian who wrote soon
after the battle of Neville's Cross, in antagonism to the romantic details
of the Rites.1 I allude to Knighton, who places the presence of the
monks upon the Bell Tower of their church on a firmer footing than
that of their semi-traditionary position near Maydes Bower. He speaks
expressly to the fact of their singing the Te Deum on seeing the
victory from the summit. He also speaks of the special faith of the
English in the sign of the Cross which was borne with other ensigns
before the army. That cross may reasonably be supposed to have sur-
mounted the Banner of St. Cuthbert, for it is out of all reason to exclude
from such a scene the standard which had so often accompanied the
English to the North and fluttered near their kings ; and the glory which
the monks placed in their relic in connection with Neville's Cross had
no doubt arisen in fact, though the details of their picture were rubbed
away by time, and fancifully renewed after the lapse of two centuries.
The story, indeed, bears a most suspicious resemblance to one in Fordun's
Scotichronicon, (i. 278), which, whatever be its individual credit, shows
that the Banner of St. Cuthbert was a well known thing for ages before
the Battle of Neville's Cross. It runs to the effect that when, in 1098,
Edgar the heir of Scotland was about to assert his right to the crown
against Donald, he was astonished by a night vision of St. Cuthbert,
who bid the youth take his banner from the monastery of Durham, and,
when it was elevated, he himself would rise in his aid and his enemies
should flee before him. The youth told the vision to his uncle Edgar
Atheling, and committed himself to God and the defence of St.
Cuthbert. His injunctions were obeyed, and, " Sancti Cuthberti vexillo
levato" an English soldier, Robert fitz-Godwin, rushed against the
enemy with two soldiers only in his company, inaugurated the flight
of the enemy and gained a bloodless victory. Not unmindful of
his patron, the new king gave to the monks of Durham his land of
1 All the other authorities are silent.
54 THE BANNER AND CROSS OF SAINT CUTHBERT.
Coldingham, and to the Bishop of the same place and his successors
his noble town of Berwick. Bishop Flambard had not grace to keep
the gift. While Robert fitz-Godwin, by licence of his King, was
building a castle in Lothian, on land given him by Edgar, he was seized
by neighbours and the Barons of Durham, (baronibus Dunelmemilus)
on the Bishop's instigation. Edgar was at the English court, and not
only was the means of taking Robert back to Scotland in liberty and
honour, but immediately resumed his gift.
The question will naturally arise : — What was the form of the red
cross which distinguished the banner. Was it that which is generally
called St. Cuthbert's Cross and appears in the arms given to the
University of Durham ?
The subject is confessedly obscure; there is the same absence of the
badge of a cross as of the arms of the See and Monastery in the com-
position of the arms of the tenants of the Church. The early MSS.
respecting St. Cuthbert, such as that at Brough, lend no assistance ;
and even the well-authenticated ecclesiastical symbol of St. Cuthbert—
the head of St. Oswald in his hand — is wanting in these remains.
The only mention of St. Cuthbert's cross, as such, is in the Rites
and Monuments, where it is said that every person accepting the pro-
tection of the Sanctuary at Durham was " to have a gowne of blacke
cloth maid with a cross of yeallowe cloth, called Sancte Cuthbert's Cross,
sett on his lefte shoulder of his arme, to the intent that every one
might se that there was a frelige graunted by God and Sancte Cuthbert."
It does not follow from this per se, that there was any general use of
the cross; but there is other evidence of the existence of such a badge.
St. Cuthbert's Banner, in form and device, was not strictly a banner;
but rather, as it is sometimes called, a standard. A banner-proper con-
tained only the arms of the owner : a standard, on the other hand, dis-
played only his devices and badges.
Now, St. Cuthbert's standard did not present the arms of the Church,
but a red cross ; and though it was older than the science of heraldry, it
was not so as respected badges and devices ; and, even if the fact were
otherwise, the cross would in time be in the nature of a badge. Badges
were not generally identical with or derived from arms — as witness the
Ragged Staff of Beau champ ; and it would have been a strange thing if
so powerful a fee as the palatinate were without the adjunct of a badge.
Primd facie, the red cross of the banner occupied that position, but we
shall find the tenants of the Bishoprick coming to the Pilgrimage
of Grace, wearing Hack crosses. Thus we have crosses, red, black,
and yellow: — the distinction from other crosses must therefore have
been in the shape of that of St. Cuthbert.
THE BANNER AND CROSS OF SAINT CUTHBERT. 55
Such a device would change its form in the course of architectural
variety, and possibty the cross patee, which, in blue, is ascribed as the
personal coat of Bishops Pudsey and Dudley, and appears on the breast
of pennies of Edward I. and Richard II. struck at Durham, was event-
ually the settled shape. This view is aided by the fact that in Mr.
Raine's beautiful little church at Durham, there are three limbs of a red
cross of this very shape in ancient glass.
I must now go back into the early annals of the Church. There lay
upon the body of St. Outhbert, at its discovery in 1827, a small and
beautiful Saxon cross of patee form, golden and set with garnets, which
either was hidden from view at the translation of 1104, or, like the
sapphire ring and met- wand of gold, found at the Dissolution of monas-
teries, was, from forgetfulness or ignorance, omitted in the narration
of the Eroissart of Durham historians — who wrote some seventy years
after the event — Reginald. With the singular objects of the Saxon period,
it had survived the visits of Government officials and relic-collectors.
At the angles of the cross a knob occurs, a feature not uncommon in
Saxon MSS. ; but altogether, the cross is of unusual contour— more
curved in all its parts than is ordinary. Its Saxon date is indubitable,
and that it was, or was considered to be, a personal relic of the saint,
is highly probable, from a circumstance next to be noticed. The
Priory of Durham formed a singular exception in its seal to establish-
ments of very inferior importance. Prom its foundation to its dissol-
ution, it used one of the greatest simplicity — a cross surrounded by a
legend in letters almost Saxon, and evidently not later than the found-
ation, " 3B SIGILLVM CVDBERHTI Pw^svLis Scxi." The language of the
seal is peculiar ; and the form of the cross, in the matrix now in the
possession of the Dean and Chapter, so similar to that found on the
body of the saint, that attention to the fact was drawn by Mr. Raine.
The cross is conventionalized, as might have been expected ; and the
squarish form of the intersection, produced by the knobs above men-
tioned, is an actual square in the seal. Monsignore Eyre remarks that
the cross is not directly called the cross, but the seal of St. Cuthbert;
and this circumstance, with the occurrence of a single inner line between
the legend and the field in his cut, induced me to make inquires whether
the matrix were really of one piece ; for I began to suspect (as we now
know that seals were used in Saxon times,) that the centre was passed
off as the very seal used by St. Cuthbert. I found that this line did
not exist in the matrix, and that the latter is solid. Nevertheless, the
line had its origin in truth, and I must now say how.
At what time this matrix was fabricated, whether before or after the
56 THE BANNER AND CROSS OF SAINT CUTHBERT.
Dissolution— I do not know, but it certainly is not the seal with which
the charters— at all events the earlier ones— that bear its device are
sealed. It is a copy — and not a very literate one. The copier was
not a native of China, nor did he understand the characters of the legend.
The M of Prcesulis is an E ; and the top of the initial letter of Cvd-
lerhti is omitted ; while the lettering is taller and ruder, and less spirited
and characteristic, than that of the period of William. But the cross
has suffered the most remarkable alteration. The limbs and centre boss
have been flattened, the former equalized, and the latter squared from
a sort of quatrefoil boss, which bears much greater resemblance to the
cross found on the body. At the extremities of the foils of the boss are
small bead-like spots, probably to represent gems. These are entirely
wanting in the copy. The original has been inaccurately engraved
in Hutchinson and Surtees from impressions ; and the modern matrix is
given by Mr. Eaine, and, with the addition of the inner line from the
original, it also appears in Monsignore Eyre's work on St. Cuthbert.
This line must now be noticed. It is but an irregular circle, almost
angular in places, and so illdisposed to the marginal line that the letters
of the legend, which are cut completely into both circles, are much
longer in some parts than in others. The circles running from, letter to
letter give a singular raised appearance to the whole border, at first
sight resembling that of the 1799 pennies of George III. The lettering,
where the circles are tolerably concentric, is not badly executed, and
various indications convince me that the circles existed before the
engraver began his work, and that the inner one represents the
setting and irregular form of some seal of greater antiquity than
the legend, old as the latter is — and that it was, or was thought to
be, or was put forth as, the seal of Cuthbert himself. Every one has
heard of the Roman head of Jupiter, which, by a similar addition of a
legend, passed muster as that of St. Oswald on the reverse of the Dur-
ham seal. I do not know, however, why the cross may not be Cuthbert' s
or of very high antiquity. The gem-like ornaments would suggest its
origin in the pendant gold cross or some similar personal ornament,
though the extra length of the lowest limb might point to a standing
cross — possibly the very one that Cuthbert erected at the Fame
Island, and which he might copy from the gold ornament he wore, or
from that set up by Bishop Ethelwold his successor, which was pre-
cious enough to accompany the saint in his wanderings.
I am confirmed in this idea by another interesting seal of more
modern date — of the 13th century perhaps — one of Kepyer Hospital : —
SIGILLV' SANCTI EGIDII DTJNELMIE. Exactly the same cross again appears ;
but, in consequence of the pointed oval in which it is contained, the lower
. Seal of Durham Friary, p. Existing copy of
Oljec£a.lUt~sire to tkc, dedication. ofJhtsham.
Sf.JIfajry f CiUkoert;. A. &. Seals of Kcpyer Xospitvl.
THE BANNER AND CROSS OF SAINT CUTHBERT. 57
limb is considerably more lengthened. Another cross appears on a
third seal (SIGILLVM SANCTI EGIDII,) — the patriarchal cross of two
transverse bars, such as appears on the seal of Bishop Beke as patriarch
of Jerusalem, to whom it possibly refers. In the former seal, the cross
has no particular allusion to St. Giles, though it had to the place-
Durham ; and, as the Banner of St. Cuthbert was already in existence,
its cross was doubtless the same.
The central knob was very common in the crosses of Saxon times, as
may be seen on the edge of a Eoman slab from Jarrow Church, in which
it must have formed part of a cross carved against the wall — and on the
Hartlepool gravestones. The seal of St. Giles brings it down at Durham
to the 13th century ; but there is one more occurrence of it, in connec-
tion with S.t. Cuthbert, of a still later date. It is a large slab of English
marble, which lay in the ruined chapel of Bishop Farnham at Gateshead,
dedicated to St. Edmund and St. Cuthbert, confessors. The cross had
been of brass, but the metal had long disappeared.
This is all I can say upon this neglected subject. My suspicions that
the cross descended to the ordinary patee form, may probably be without
firm foundation ; for the use of the knobbed cross for a seal down to the
Dissolution was continuous. From this notice of its device, I now pro-
ceed to the history of the banner.
During Edward I.'s wars with Scotland, we have frequent mention
of his use of consecrated banners, and that of St. Cuthbert appears in
the grave records of the realm. On Oct. 13, 24 Edw. I., 1296, the
kings makes one of his cheap grants of Scotch livings to his clerk Gil-
bert de Grymmesby, who bore the Banner of St. John of Beverley. He
was to have the first vacant church in Scotland producing 20 marks or
pounds a year.2 The monks of Durham, a month before, had made
more advantageous terms, knowing the old adage, " a bird in hand, &c."
On the 16 Sep. the King, when at Berwick, had granted to their church
40?. per annum out of the royal exchequer at Berwick, until some
appropriation should be made of equal value out of the churches of
Scotland. The expenditure of this yearly sum was directed to be for
the maintenance of solemn festivals of the monks on the two anniver-
saries of St. Cuthbert, viz. on the principal feast (*. e. March 20) and
on the feast of his translation (Sep. 4), on which days 3000 poor were
to receive a penny each. A priest was to say the mass of the same
saint in the place called la Galileye every day ; while, near the high
altar, when mass was celebrating, two great wax lights, each of 20lbs.,
were to burn before his feretory, and, what is more to our purpose, two
3 Rymer, ii. 732.
i
58 THE BANNER AND CROSS OF SAINT CUTHBERT.
smaller lights before the Banner of St. Cuthbert, on Sundays, and the
feasts of the apostles and other principal feasts during the celebration
of matins and mass at the high altar.3 "We can hardly doubt that in
all this we have the consideration for the loan of the banner. Like
that of Beverley, it was borne by an ecclasiastic, and in the wardrobe
amount of 28 Edw. I. (1 299-1 300)4 we have a payment at Wigeton, of
21. 13s. 4d. to "Sir (Dompno) William de Gretham, monk of Durham,
following the king cum vexillo Sancti Cutfiberti, in the Scotch war this
present year, by gift of the king, to buy him a habit." So also in the
29th year (1300-1) there is paid to "Sir "William de Gretham, monk
of Durham, following the king cum vexillo Sancti Cuthlerti, in the war of
Scotland this present year, for his expenses from July 3 to August 24,
both inclusive, for staying 53 days in the king's army, and for his ex-
pences for 4 days following in returning to Durham by leave of the
king."
In 1309, in Edward II. 's days, we find the Prior of Coldingham
quarrelling with his superior the Prior of Durham, and going to the
King at the parliament at Stamford, vainly trusting in his supposed
favour to himself, because, says Graystanes, "he was known to the
king and court, for he had borne the Banner (vexillum) of Saint
Cuthbert, with the king in the war of Scotland." This Prior was
the above William de Gretham. There was a former prior of the
same place called Henry de Hornecaster, who threw off his allegiance
to Durham, and Hutchinson and Surtees say that he bore the banner in
Edward I.' s days; but I suspect that they are confusing the quarrels
and the Priors too. At least, I do not see how the chronology will allow
of the statement.
This seems to be the proper place for the mode of the carriage of the
banner as given in the Rites. It was in the keeping of the Master of
the Feretory and Deece (vice) Prior; and " yt was thought to be
one of the goodliest reliques that was in England, and yt was
not borne but of principall daies when ther was a generall pros-
session, as Easter daie, the Assention day, Whitsonday, Corpus Christ!
daie, and Sancte Cuthbert' s day. And at other festivall daies it was
eett up at the east end of the shrine, because yt was so chargable
(weighty.) Also, when so ever yt was borne, yt was the clarke of the
Fereture's office to wayte upon yt, with his surplice on, with a faire
reade paynted staffe, with a forke or clove on the upper end of the
Btaffe, which clove was lyned with softe silke and softe downe, in under
the silke, for hurtinge or brusing of the pipes of the banner, being of
Rymer, ii, 730. 4 p. 159.
THE BANNER AND CEOSS OF SAINT CUTHBERT. 59
sylver, to taike it downe and raise yt up againe, for the weightenes
thereof. [And there was also a strong girdle of white leather, that he
that did bear St. Cuthbert's Banner did wear it when it was carry ed
abroad, and also it was made fast unto the said girdle with two peices
of white leather, and at either end of the said two peices of white
leather a socket of horn was made fast to them, that the end of the
banner-staff might be put into it, for to ease him that did carry the said
Banner of St. Cuthbert, it was so chargeable and heavy. There were
four men always appointed to wait upon it, besides the dark and he that
bare it.5]
I refer to the Rites for the details. In the procession of Holy Thurs-
day the banner was borne foremost. On Corpus Christi day, it met a
shrine from Saint Nicholas' Church, which being carried into the choir of
the Abbey, solemn service was done before it, and Te Deum solemnly
sung and played on the organs. On this day the trades had all their
banners with torches in a very grand procession. I mention this great
day in Durham more particularly, because of a supposition that the
singing of Te Deum by the cathedral choir, on May 29, for some years
previously to 1811 had a reference to the song of Te Deum at the battle
of Neville's Cross. There is no mention in the Bites of any annual
and special Te Deum except that of Corpus Christi day, which was in
a very different season to the October anniversary of Neville's Cross.
The custom appears to have been disused before 1811 and revived again.
The statement about Neville's Cross] may be sustained, but the custom,
certainly was, in 1776, understood to allude to the great doings on Cor-
pus Christi day, which frequently fell on May 29. The reasons for
perpetuating it on that day and so paying a triple debt, are obvious.
In the above year 1776, John Ogle, of Durham, thus annotates Sander-
son's account of the Corpus Christi procession. : — " This custom of
going with the banners of the different trades of the city to the abbey
church annually on the twenty -ninth of May, when the singing loys sung an
anthem on the top of the steeple, was continued to about the year 1770."
I need hardly remark that singing and procession of all the banners
that the churches and trades could muster were not confined on Corpus
Christi day to the ancient city of Durham. But I may add one more
reason for a Te Deum on Corpus Christi day there. In 1422, the cen-
tral tower was fired by lightning during the night before this great
feast, to the infinite peril of the whole pile. It was extinguished in the
6 The words in brackets are not in the Norton Roll, and are supplied from a copy
in Hunter's MSS. at the Hermitage, apparently from Mrs. Milner's MS. mentioned
by Mr. Raine as not traced. It contains much that only occurred in Davies, but ii
far more genuine.
60 THE BANNER AND CROSS OF SAINT CUTHBERT.
afternoon, and the whole multitude of monks and spectators devoutly
sang the Te Deum.*
In 1355-6 (nine years after the struggle of Neville's Cross) the Bursar
of Durham Monastery paid " the expences of Sir William de Masham,
the Terrarer, towards Scotland with the Banner of St. Cuthbert, in the
suite of our Lord the King, with a pipe of wine, and a tent bought for
the same," and those " of William de Cheker at Newcastle with the
Banner of St. Cuthbert, to be carried to our Lord the King." Thus
the banner witnessed the recovery of Berwick and the "Burnt Candle-
mas." In 1383 " a cup of silver gilt, the gift of the Countess of Kent
(kept) along with the Banner of St. Cuthbert," lay upon the first or
highest step or shelf to the south of the shrine. The shrinekeeper also
had a " red coffer, containing the Banner of Saint Oswald" This was
possibly a mere relic, like the portion of St. Oswald's coat of mail, and
equally genuine, or it might contain the arms ascribed to that saint.
Two years later, in 1385-6, there is a payment of 2Qd. for "the ex-
pences of the standard towards Scotland" in Richard II.'s expedition.
The banner had no chance of victory, for the Scots were too few to
fight. In 1389-90, 6d. was paid to the bearer of St. Cuthbert's Banner
[in one of the processions]. In 1397-8, Alan Bower was fined for non-
attendance, and Mr. Raine explains that, by an ancient custom, which
probably originated when the Prior was ex-officio Archdeacon of the
Diocese, all Rectors, Yicars, and parochial Curates were bound to ap-
pear at Durham twice a year, and to be present at the Prior's visitation
of his appropriate churches in the church of St. Oswald's, clad in their
copes and surplices ; and, moreover, they were to be attended by their
respective parish ck-rks, bearing each the Banner of Ms Church, " in
sign of subjection and in honour of the church of Durham." When
this numerous body was gathered together, the Banner of St. Cuthbert
took the lead, and the whole assemblage moved on in procession to the
church aforesaid. The above expenses are from Mr. Raine's St. Cuth-
lert, and the following are thrown together from the same valuable
source.
1398-9. To a chaplain carrying the Banner of St. Cuthbert for two
years 2s.— 1400-1. To John Knowte, goldsmith, for making a cross
for the Banner of St. Cuthbert, [that at the top of the banner], for
hooks for the shrine, and for repairing a cup belonging to the refectory
4*.— For a belt bought for carrying the banner, and for expenses incur-
red twice at Newcastle, and towards the march with the banner of St.
Cuthbert, by order of the Lord King and Prior, 8s. [This was in
* Raine's St, Cuth. 149.
THE BANNER AND CROSS OF SAINT CUTHBERT. 61
Henry IV.'s invasion of Scotland, which was remarkable for its lenity,
arising affectedly from gratitude for old hospitality to his father, hut
rather from domestic dangers and a wish for the friendship of Scotland.]
• — 1403-4. To a priest carrying the Banner of St. Cuthbert, 12s. —
1406-7. Received from the banner 4s. 3d. [in the procession as above.]
Beceived of many who were absent from procession at Pentecost, 8s.
10^.— 1407-8. Received from the banners, 6*. 9^.— 1411-12. Re-
ceived from the banner in "Whitsun week, 7s. Id. — 1411-12. For re-
pairing a cup for the banner of St. Cuthbert, Wd. [The cup was the
socket fixed to the carrier's girdle, in which socket the foot of the ban-
ner staff rested — this is Mr. Raine's explanation.] — 1417-8. The state
of the office of Feretrar. Five pypes of silver, with a cross of silver gilt
for the Banner of St. Cuthbert, with two silver bells. Two poles for
carrying the Banner of St. Cuthbert in processions and in time of war
[this seems to be a different arrangement to that given by the Rites],
with a cover of hide containing the said banner. — 1422-3. Received
from the processions in Whitsun week, 5s. Sd. Received for the fines
of Rectors and Vicars not appearing in the procession, 4s. To the Ap-
paritor of our Lord Bishop for calling the clergy in Whitsun week, 6d.
— 1446-7. To John Binchester, carrying the Banner of St. Cuthbert,
£>d. — 1480-1. H?QT painting the staff of St. Cuthbert's Banner, IQd.
On the coronation of Richard III. in the Chapter-house at York — his
second coronation — the keeper of the wardrobe was directed to furnish,
inter alia, banners of the Holy Trinity, our Lady, St. George, St. Ed-
ward, St. CuthbertS and the King's arms. There is much to show the
leaning of Richard III. to the county wherein Barnard- Castle stood.
One of the stalls in his collegiate church of Middleham was dedicated
to St. Cuthbert.
1513-4, Sir John Forster was paid IQd. for carrying the Banner of
St. Cuthbert, and the rather large sum of 13s. 4d. was paid for its re-
paration, but the occasion was one of great glory to the faded relic.
Lord Surrey was on his march to the red field of Flodden, and on hear-
ing mass at Durham, appointed with the Prior8 (or " prayed the prayer
of that place," as the editions of the old Poem of Flodden Field absurdly
have it) " Saint Cuthbert's Banner for to bear." The banner which
had witnessed the fight of Neville's Cross was accordingly borne in the
foreward or first line, commanded by the Earl's son Lord Thomas Howard,
Admiral of England, in which was Sir Wm. Bulmer, with the power
of the Bishoprick. •
St. Cuthberd's Banner withe the Byshop's men bolde,
In the vauntgard forwarde fast did hye —
That Royal Relyke more precious than golde, —
And Sir "William Bowmer nere stood it by.9
7 Probably the " arms of St. Cuthbert" composed the design, rather than a copy of
the banner.
* Hall. 9 Mirrour for Magistrates.
62 THE BANNER AND CROSS OF SAINT CUTHBERT.
" The sayd banner was at the wynnyng of Brankston10 feilde — and
dyd bring home with it the Kynge of Scottes banner, and dyvers other
noble mens auncyentes of Scots, and that was loste that day : and did
sett them up at Sancte Cuthbert's Fereture, where they dyd stande and
hynge unto the suppression of the howse."11
In 1522 the banner was again out against Scotland, and in 1523 a
letter from the Earl of Surrey (to which Mr. Hillier has called my at-
tention) contains a remarkable passage which may either suggest some
faith of Henry himself in the relic, or that he did not consider that it
would be prudent to trust to the presence or valour of the Bishoprick
men12 beyond the limits for which their standard had been lent. The
passage is this : — " And where your Highness sent me word by my Lord
Marquis that in nowise I should goo no further than St. Cuthbert's Ban-
ner might go with me." Surrey who, when Lord Thomas Howard, had
led the van of his father's army at Flodden Field, accompanied by the
banner, was destined to another success under its folds, for this same
year 1523 witnessed Albany's flight from Wark, the Admiral's army
marching
With the noble powre
Of my Lorde Cardynall
As an hoost royall,
After the auncient manner,
"With Sainct Cuthberdes Banner
And Sainct "William's also."13
The Admiral had been advised of Albany's attack upon Wark, when
he was at Holy Island, and he immediately sent letters "to my Lord
Cardynallis company, my Lord of Northumberland, my Lord of West-
mereland at Sainte Cuthbertes Baner lying at Anwike and thereabouts
to mete me at Banner woode v. myles from Werk on Mondaye, whoo
soo dede." u
I need scarcely remind you that my Lord Cardinal "Wolsey was then
Bishop of Durham, as well as Archbishop of York. He would have
the Banner of St. "William in the latter capacity.
We now come to the last sad appearance of the Banner of St. Cuth-
bert — its share in the fatal Pilgrimage of Grace. It was perhaps only
out in the first rising and so, if not victorious, was not unsuccessful,
but the sequel of the history is melancholy, and the appearance of the
banner might not tend to allay suspicions of the loyalty of men high in
10 Hunter's MS. n Rites and Mon.
12 Sir "William Buhner was at Ids post this year. (Ridpatk, 515.)
13 Dyce's Skelton, ii. 70. u Notes to Skelton, ii., 377-
THE BANNER AND CROSS OF SAINT CUTHBERT. 63
station at Durham. Of the fact I found abundant proof in the State-
paper Office, among the various depositions made by Aske himself. After
the surrender of Pomfret Castle by Lord Darcy,
" The contre [he says] daly assembled of all partes and the said
Aske tried out the men and then after came in the Lord Nevill, Laty-
mer and Lumley and ten thousand men with them and above, with the
Banner and15 [var. or16] army 8 of Seint Cutbert." [And again] " The
sayd Aske sayth that they iiij [apparently himself, .Robert Bowes, Lord
Darcy, and Sir Robert Constable] wer togeder aboutes thre or iiij seve-
rall tymes. The furst tyme was when thos of the Bisshopreke came
with the Baner of Seint Cuthbert to Pomfret with the Lord Nevill,
Latymer and Lumley, and then it was ther spokyn and agreyd upon
that the Baner of Seint Cuthbert should be in the vay ward in wich bend
the sayd Robert Bowes was in." *7
This arrangement was carried out, for Aske says again : —
" The harrold came to the host at Doncastre then being in two wardis,
that was, in the vay ward being with Saint Cutlert Baner and ac-
companied with the Lord Nevill, Lumley, Sir Lord Latymer, Sir Thomas
Hilton, Sir Thomas Percy, and all the bendes of Bischopreke, Cleve-
land and parte of Richmond shir, and in the second ward the Lord Darcy,
&c." 18
Connected with this coming of Saint Cuthbert' s Banner is the inte-
resting circumstance which has already been alluded to in connection
with Saint Cuthbert's Cross. Aske in the Tower, 1 1 Ap. 28 Hen. VIII.,
deposed thus : —
" The Lord Darcy gaf him a Crose with the v. woundes in it, albeit
who yt was the furst inventor of that bage Aske cannot say, but, as lie
remembreth, that bage with a Blake Crose19 came furst with them of
Seint Cutbert Baner : but he saythe the cause why al men wore the
seyd v. Woundes or els the bage of Jhs was for this cause. Mr.
Bowes, befor our furst meting at Dancastre scrymaged with his com-
pany with the scoweres of the Duke of Northfolk host, and then one
of Mr. Uowes's own servaunts rane at a nother of his own fellows because
he had a crose on his bake [evidently confounding it with St. George's
13 Chapter House Records, A. 2, 28, p. 54.
16 Ib., p. 76. It lias been suggested to me, with much reason, that any banner
heading the tenants of the See, might be called the Banner of Saint Cuthbert. This
is the only passage which would tend to instance such a usage of the term, and it is of
too doubtful a character for the purpose. We have seen that, in Henry's reign, it
was still the " royal relic" that was known as St. Cuthbert's Banner.
" Chapter House Records, first series, 1401. 18 A. 2. 28. p. 54.
is The cross of Bishop Aidan, preserved at Durham, was of black jet. — (Haine's
S. Outh., 9.)
64 THE BANNER AND CROSS OF SAINT CUTHBERT.
cross], and went he had been on the partie of the Doke host, and ther
with after killyd his own fellow and for that chance then was a cry al
men to have the bage of Jhs or the Fyve Wounds on him both befor
and hynd them, and ther to his knowlage was al the men that was
slayne or hurt of eyther parte during al the tyme of busynes." 20 [On
the arrival of the pardon, Aske renounced the name of Capitane], " and
in the presens of all the said lordes pulled of his bage and Crosses with
v. Woundes, and in semblable maner dyd all the lordes ther, and all
other ther present, saying all these wordes, We will all wer no bage
nor figure but the bage of our soveryng Lord." 21
Thirty- three years afterwards, and this joint cognizance was connected
with more disastrous effects in the north. In the Rising which blotted
out the main lines of Percy and of Neville from the rolls of nobility
and honour,
The Norton's ancient had the Cross
With the Five "Wounds our Lord did bear:
And in this earlier rebellion the badge was to aid in sending the white
hairs of Lord Darcy to the scaffold, but not before, while upbraiding
Thomas Cromwell for ignoring his pardon, he had promised the favourite
a similar fate.22 There is something so curious in the ingenuity with
which the Interrogatories are framed on this point, evidently by Henry
himself, that I may be excused the digression to introduce this unpub-
lished detail.
" Why did you gyve badges of the Fyve Woundes of Christ ? — Was
not that badge of v. Woundes your badge my Lord Darcy when ye were
in Spayne ? — Were those badges new made, or were the same wich ye
gave in Spayne ? — Could you not have disposed the said badges afore
this insurrections ? Whether kept ye thaim sty lie for that purpose ? —
If they were newe made who made and embrodered them — when and in
what place — for what intent? — If ye were sodenly takin in of the
Comons whether it is like that than ye hadleisur to make suche badges?
— Did you cause your souldiours and servantes within Pomfrett Castell
or without to were those badges in the kynge's part afore ye were
joyned with the rebellys ? — Why brought you forth those badges when
ye were joyned with the rebelles rather than afore when ye shewed
yourself to stande for the kinge's part."23
The result of the rebellion and the new tone of the times alike seem
to have divested the Banner of St. Cuthbert of its ancient renown, and
2° A. 2. 29. p. 239. 21 A. 2. 28. p. 60.
M I have not seen the State Paper containing this remarkable prophecy, but I wna
informed of its existence in the Rolls House by a gentleman on whose accuracy I
can rely.
» A. 2. 28. p. 87.
THE BANNER AND CROSS OF SAINT CUTHBERT. 65
we hear of its glories no more. In Wilfrid Holme's metrical account
of the Pilgrimage, the King, in his answer to the rebels, is made to enu-
merate the objects of local faith, which (he says) " thanked be God,"
were " spied." Among them we find " St. CutJibertfs Standard of
Duresme to make their foes to flee." It is not probable that it again
preceded an army to the field, but it does not seem to have been de-
stroyed immediately. In one part of the " Rites," indeed, it is stated
by Davies and Mrs. Milner's MS. that —
" At the suppression of the House the aforesaid Banner of Saint
Cuthbert and all the antients of the noblemen of Scotland, as principally
the King of Scotts' Banner and divers noblemen's antients of Scotland,
were shortly after clearly defaced, to the intent there should be no memory
of the said Battle, and of their antients being spoiled, which were worn
at the said battel of Brankesfield, that there should be no remembrance
at least of them within the Monastical Church of Durham."
But it elsewhere in the same work appears that the banner of the
saint existed at least twenty-three years after the Suppression.
" Which banner cloth [thus it reads], after the Dissolution of the
Abbey, fell into the possession of one Deane Whittingham, whose wife
called Katherine, beinge a Ereanche woman, as is most credably reported
by those which weare eye-witnesses, did most injuriously burne and
consume the same in hir fire, in the notable contempt and disgrace of
all anncyent and goodly reliques."
Whittingham was Dean from 1563, and the banner was probably de-
stroyed before 1569, as I do not remember to have seen mention of it
during the Rising of the North.
It was a thing of mighty age and renown.
W. HYLTON DYER LONGSTAFFE, F.S.A.
Gateshead.
*** It is a pleasure to acknowledge the kind loan by Mr. Trueman, of Durham, of
electrotype casts from the interesting seals referred to in this paper. Since the above
remarks were printed, he has placed in my hands a most interesting ornament of
copper, gilt and enamelled with St. Cuthhert's Cross, which may have been given to
a pilgrim at the shrine. I. The cross is red, corresponding with those in the banner
and Mr. Raine's church, and we may infer that this was the usual colour. II. It is
on a shield, as badges were used, concurrently with arms-proper, and Aske's expression
"the banner or arms of St. Cuthbert" is explained. III. It is a simple cross patee,
confirming my suggestions that the Cross sunk into that form. The space between
the shield and legend is blue. The colour of the inscription AVE MARIA GRACIA
(alluding to the joint dedication of the cathedral) is entirely gone. This unique
object was among the late Mr. Matthew Thompson's collections of Durham relics.
66
ST. CUTHBERT'S
THE ring, represented in full size by the accompanying engravings,
was found in St. Cuthbert's coffin in the year 1537. Harpsfield, Arch-
deacon of Canterbury, describes the occasion and circumstances of the
discovery. He lived at the very time, and was then a Fellow of New
Hall, Oxford. His wrords are — " When, at the order of King Henry
VIII. (A.D. 1537), the shrines of the saints were plundered and broken
to pieces in every part of England, and their holy relics were cast into
vile places ; the wooden chest, which was covered with white marble,
was also broken. And when he whose task it was to destroy and
break the tomb, had broken the coffin with a heavy blow, the stroke
fell upon the body of the saint, and wounded the leg ; and of the wound
the flesh soon gave a manifest sign. As soon as this was seen, as also
that the whole body was entire, except that the tip of the nose, I know
not why, was wanting, the circumstance was laid before Cuthbert Tun-
stall, at that time Bishop of Durham. He was consulted as to what
he might order to be done with the body ; and, at his order, a grave
was dug, and the body was replaced in that spot where its precious
shrine had been before. Not only the body, but also the vestments in
which he was robed, were perfectly entire, and free and clear of all
stain and decay. He had on his finger a gold ring, ornamented with a
ST. CUTHBEBT'S RING. 67
sapphire, which I once saw and touched, and which, as a holy relic
more precious than any treasure, I earnestly laid hold of and kissed."1
The ring came into the possession of Thomas Watson, the Catholic
dean appointed when Home, the Protestant dean, was dismissed.
Dean Watson gave it to Sir Eobert Hare. He gave it to Anthony
Brown, created Yiscount Montague by Queen Mary in 1554. This no-
bleman gave it to Dr. Eichard Smith, bishop of Ghalcedon in partilus
infidelium, and Vicar Apostolic of the Northern District, whom he had
for a long time sheltered in his house from the persecution. Bishop
Smith gave the ring to the monastery of the English Canonesses of St.
Augustine at Paris, Eue Fossee St. Victoire. He was the founder of
their house, spent the last 13 years of his life with them, and deceased
there in 1655, esteemed and beloved for his piety and learning.
The ring is above the ordinary size ; and though evidently a pastoral
ring, would now be considered heavy and rude. It is massive, of dark
coloured gold, with a large sapphire in it. For exactly 200 years it
has been in the keeping of the English nuns at Paris, highly valued by
them — " because," as the reverend Mother wrote me in October, 1848,
" it came to us from our holy and venerated founder, as a legacy to his
dear children, and as such we treasure it doubly." A few months ago,
however, they consented to part with it, and it is now the property of
St. Cuthbert's College, Ushaw, Durham.
A question may naturally be raised — Is this the ring that St. Cuth-
bert received at his consecration, and with which he would be buried at
his decease in 687 ? We do not find mention of a ring, but we may
not doubt his being buried with one. Anglo-Saxon bishops wore the
ring, and were buried with it. For in the three Anglo-Saxon pontificals
now in France — (two at Paris and one at Eouen) — the pontifical ring
is especially mentioned by the rubrics at the consecration of a bishop.
And at the beginning of the 1 3th century, when the grave of a bishop,
supposed to be St. Birinus, was opened in Dorchester church, near
Oxford, among other things a ring was found.
Or would this ring have been put upon the body of St. Cuthbert,
when it was dis-interred eleven years afterwards, i e. A.D. 698, at the
time of his canonization ? A new robe was on this occasion put on the
body in the place of one removed, but there is no mention of a ring : at
the same time they took away the face-cloth from off his head, cut off a
portion of the hair, and exchanged the sandals on his feet for others of
greater value.
1 Hist. Eccles. Angl., p. 105.
68 ST. CUTHBERT' S RING.
Or again, might not this ring have been put into the coffin of St.
Cuthbert, when it was opened and the body examined on the occasion
of its translation into the new cathedral at Durham, A.D. 1104 ? Though
the hands were examined at the re-interment, no ring is spoken of.
It can only be a matter of conjecture whether this ring had been worn
by St. Cuthbert during his life time, or had been buried with him at any
of the dates named, *. e. A.D. 687 or 689 or 1104. Some have been led*
to suppose that the rings of Anglo Saxon bishops were graven to be used
as seals. And the Anglo- Saxon^pontifical at Rouen, and St. Dunstan's at
Paris, both have — " cum annulus datur Jicec oratio dicitur : " Accipe ergo
annulumdiscretionis et honoris, fidei signum, ut qua3 signanda suntsignes,
et quse aperienda sunt prodas &c." Arguments may be advanced in
favour of each of these dates.
In all probability, it will ever remain an open question — -whether this
ring was received by the Saint when he was consecrated bishop, or was
worn by him during his life time, or was made or procured for his burial
in the year 687, or for either of the interments in 698 or 1104. An
opinion, without any very satisfactory reason to back it, can be of little
value ; but, if I were to form an opinion, it would be in favour of the date
A.D. 698.
C. E.
69
THE TENURES OP MIDDLETON ST. GEORGE, AND SOME
ACCOUNT OE THE HOUSE OF KILLINGHALL.
WHEN the wapentake of Sadberge was granted by Richard the First to
Bishop Pudsey, the services of certain holders of knights' fees therein
were included by express mention, probably with a view to prevent the
claims to the important military services of Brus and Baliol which,
after all, were pertinaciously laid by the succeeding Bishops of Durham.
The services granted were few in number, those of the Carrow family
for Seaton and Owton, of the Amundevilles for Coatham and Trafford,
and "the service of the son of Godfrey Baard and his heirs for a fee of
two parts of one knight's fee for Midelton and for Hertburn."
This last service demands our attention in connection with the
family of the Killinghalls, concerning whom our valued member and the
quarterer of their ancient coat, Robert Henry Allan, Esq., of the now
classic seat of Blackwell Grange, has submitted the documents which
are incorporated with this memoir.
Although, owing to some convenient arrangement, a Baard appears in
Richard's charter of 1189 as sole owner of the two -thirds, he was not
so beneficially. The tenure seems to have comprised the whole parish
of Middleton St. George, which was divided into two great portions :
Nether Middleton (or Middleton St. George proper) with West Hart-
burn ; and Over Middleton or Middleton-on-the-Raw. Each of these
portions represented one-third of a knight's fee.
0 VER MIDDLETON, held by ONE-THIHD or A FEE, was from the
earliest times the possession of the House of Surtees. The Black Book
of the Exchequer mentions that in 1166 William Eitz-Siward, their
ancestor, held Gosforth and half of Mileton by one knight's fee. That
Miletonis an error for Middleton is evident from the circumstance that,
in 1241, the component parts of this knight's fee are stated to be, Gos-
ford by two parts of a fee,1 and a third of a knight's fee in the wapen-
1 In 13 John, Gosford was held by half a fee of the old feoffment. Surtees, iii.,
234. The Surtees family occurs in the Pipe Rolls of Northumberland as holding
two parts of a fee.
70 THE TENURE OF MIDDLETON ST. GEORGE,
take of Sadberge.2 In confirmation of this, the holding of one-third in
barony by Surtees in the wapentake between 1208 and 1214,3 and in
the time of Bishop Beke, is given in the Testa de Nevil and the Feodary
published by Mr. Surtees in the Appendix to his General History. It
was not Dinsdale,4 for that manor was not holden in capite, but of the
Baliol fee ; yet it may often, from its vicinity, have been popularly con-
founded with Dinsdale, for Mr. Surtees states that it does not appear
as an integral manor until the Inquisition after the death of Sir Thomas
Surtees in 1434,5 an expression which militates against his enumeration
elsewhere of the manor as the possession of Sir Thomas, who died in
in 1379.6 That the Surteeses, notwithstanding this confusion, or the
leasing out of the beneficial interest, were still the tenants in capite, is
proved by the license of Bishop Bury (1333-1345) to Sir Thomas Sur-
teys to settle the reversion of a messuage and 6 acres in the vill which
Eichard Fitz-Robert and his children held for life. In 14347 Sir Tho-
mas Surtees died-seized of the whole vill of Over Middleton, then held
by a money payment of 4s. 6d., and of Pountes Mill, which stood near
a most ancient bridge across the Tees at Middleton. The name of
Pounteys is probably an exact translation of the Latin Super Teysam
and French Surteys, and in this way we have a place opposite the old
ford at Nesham, called in the Clervaux Cartulary " Eryome a Poun-
tesse." 8 There was a family called "De Puntayse," which was con-
nected with that of Bowes.9 The manor (except Pountees Mill, which,
from the expression in 1434, was hardly part of it, and went to the
heiress of the whole blood of Surtees) continued in the male line of
Surtees until the last male sold it in 1598.10
NETHER MIDDLETON and WEST HARTBTTRN, also held
by ONE-THIKD or A FEE, was, in very early times, divided into moieties,
2 Sur. iii., 234.
3 The Testa de Nevil seems to speak of the Sadberge fees in the vacancy after Bp.
Philip's death.
4 Nor Morton, for the three carucates there are separately enumerated,
s Vol. iii., 225. 6 j^d. 231.
7 In 1417 John Killinghall was subtenant, and held of Surtees four messuages and
eight oxgangs in Over-Middleton.
8 Mr. Surtees inclines to the synonym of Pons Teyse applied to the Bridge as the
true origin of the word, treating the contemporary Pons de Pountays as a mere redupli-
cation.
9 Hist. Darlington, Ixiv.
10 Once for all, the statements without references are from our county historians.
I have tried to put them into something like order. Those who wish to see the
tenures and constitution of Durham methodized would heartily thank the Surtees
Society for a grave abstract of the Durham Inquisitiones post mortem.
AND SOME ACCOUNT OF THE HOUSE OF KILLINGHALL. 71
or sixth parts of a fee. It appears from the Black Book that in 1166
GODFREY BAIARD held the moiety of one-third of a fee, by partition be-
tween two sisters, one of whom seems to have been his wife. His one-
sixth became the Bart moiety, descending to his family of that ortho-
graphy and to the First House of Killinghall. The other moiety was
in 1166 held in right of the other sister by another person of the same
family name, ROLAND BAARD.U The division extended through both
the vills of Nether Middleton and "West Hartburn,12 and, from a gift of
land in the latter place to Pountees Bridge, it appears that WALTER DE
CADAMO (Caen, Came) purchased from Roland fitz-Pagan, who, we may
suppose, is the same person as Eoland Baiard, and it seems likely
enough that Godfrey and he took the name of Baiard in right of their
sister-wives. But Came seems only to have purchased one-half of Eo-
land's sixth part.13 Consequently, in the Testa de Nevil, Walter de
Kain occurs as holding one-twelfth part only in barony; the other
twelfth part being held in barony by EGBERT DE MIDDLETON. u
This twelfth part belonging to Middleton is never expressed as part
of the manor of Nether Middleton and "West Hartburn15 (which in prac-
tice was considered to be composed of three parts, two belonging to Bart
and one to Came), nor did it participate in the Eectory which was di-
vided between Bart and Came. It must therefore be sought for as a
separate manor, or as part of some larger one in its neighbourhood.16
Two possessions of Surtees seem to answer the enquiry. One was
Stodhoo, a manor of which, in 1511, Thomas Surtees had two parts.
It is north of Dinsdale, but was of a radically distinct tenure, being
held of the Baron of Greystock and not of the Honour of Barnardcastle.
But, as it is situate in Dinsdale parish and not Middleton, and, in the
closes contiguous to it, the tenants of Over and not Nether Middleton
had intercommon, it is more probable Middle ton's twelfth was the estate
of Pountees, which, though not included in Over Middleton, is in the
parish of Middleton. Its tenure is quite an anomaly, and seems to
point to a possession by Amundeville after Eobert Middleton. County
11 Godfrey Bayard and Holland Bayard are witnesses to an early Surtees charter of
Bishop Pudsey's time. — Sur., hi., 393.
12 And, apparently, to Urlaw Close in Egglescliffe or Long Newton.
13 In 1197, Roland Baard's son paid 13s. 4d. towards Pudsey's debt to the crown.
14 In 1264, "Rauffde Middleton a Petit Halghton" occurs in the list of knights
present at the Battle of Lewes.
15 Yet it was such, and accounts for the one-sixth of Bart being occasionally called
a half of the manor.
16 Unless these are the lands held by the Surteeses in Nether Middleton under the
other owners by an arrangement.
72 THE TENURE OF MIDDLETON ST. GEORGE.
Flatt, which no doubt was close to County-lane (the representative of
the old Roman road from Pountees Bridge), was held by a younger
Surtees in 1385, of the manor of Trafford, and in 1387 his representa-
tives came into court and acknowledged that Counts flat17 parcel of that
manor was held, not of Tempest (then Lord of Trafford), but of the
Bishop. The secret of all this was, that the Amundeville fee consisted
of Coatham and Trafford : that the Bishop had, by grant of one of the
owners of Coatham, become direct superior of those who held of it, and
that Trafford itself, which had gone a different channel, was held by
suit of court at Coatham. There were, probably, special reasons, in the
case of Pountees, for considering it as held directly of the manor of
Coatham, for the main line of Surtees held lands, perhaps by the same
title, at Coatham. It is needless to enlarge on the Pountees lands.
Their extent is unknown, and they were subdivided among the mem-
bers of the Surtees race. County Flatt, before 1 509, had been acquired
by the First House of Killinghall, was still stated to be in Trafford,
and, as such, was, in 1569, alienated with the Bart portion of Nether-
Middleton.
The advowson o Middleton is frequently mentioned in connection
with the Bart and Came shares, and the arrangement concerning it is
very singular, and must have been come to at an early period, as " John
and William, Parsons of Middleton," are witnesses to a charter in the
time of Bishop Philip.18 There were two rectors or portionaries. One
was appointed by the owners of Bart's sixth, and had a complete sine-
cure, " ab omni onere liberam et immunem, nomine Personatus:" the
other by those of Game's twelfth, who had all the parochial cure of
souls, " cum omni cura et onere, nomine vicarice in Ecclesia de Midleton
George," This partition of revenues between an idle Parson,19 and an
industrious Vicar, was confirmed by Bishop Kellaw in 1312.
THE BART FEE.— GODFREY BAIAED, as we have seen, held one-
sixth of a fee in 1166, and his son's service for a fee of two parts of a
knight's fee for Midelton and for Hartburn is given to Bishop Pudsey
by Eichard's grant of Sadberge,20 a tenure, as already explained, which
17 Can this be the Morkarflatt near Pountees in an early Surtees charter ? and was
the Count the well known Earl Morkar ? Countyford is called Countesworth in 1594.
18 Sur., iii., 229.
19 Yet there is, says Surtees, a tradition of some religious establishment having
stood in the grounds of Low Middleton, where a handsome cross (reported to have
been brought from Nesham Abbey) stands. The story "possibly refers to some do-
mestic oratory, which the owners of the lay or portionary rectory might very probably
maintain."
20 Hist. Tres. Dunelm. lx., Ixii.
AND SOME ACCOUNT OF THE HOUSE OF KILLINGHALL. 73
included the other holdings in the parish omitted by name in the char-
ter. In 1197 RALPH BAARD, probably the son in question, paid 40s.
towards Bishop Pudsey's debt to the crown, by some arrangement, and
not because he was owner in the wapentake, for the list of payments is
made up of very heterogeneous items. The list of Sadberge fees in the
Testa de Neville (1208-1214) gives the old tenure of one-sixth in ba-
rony for Ralph Baard ; and about this time there were two persons of
the name, one of Middleton, the other of Hartburn.21 In 131222 ano-
ther RALPH BART held the sinecure portion of the advowson, and in
1320 ROWLAND BART'S death transmitted half28 the manor to his son
RALPH BART. The military tenure had disappeared, and this portion
was now held by suit at the Wapentake Court and 25. 3<£. In 1345
RICHARD BARD of West Hartburne gives a title of 5 marks to an ecclesi-
astic for ordination.24 In 1364, the same names occur, another ROWLAND
giving place to another RALPH for the same holding. He was still
owner in 1367, Goceline Surteys then holding some of his lands in "West
Hartburn under him by 5s. Qd., but he had ceased to be so in 1379,
when Sir Thomas Surteys held them under "WILLIAM DE WALWORTH.
This personage was a knight, as appears by Hatfield's Survey,
wherein he occurs as holder of lands at Haughton le Skerne. He
seems to have been no other than the redoubtable Lord Mayor of Lon-
don, who turned the tide of rebellion in 1381, was knighted on the
occasion, and in the same year was appointed an executor of the will of
Bishop Hatfield, for whom he had perhaps acted as sheriff in 1356.
Mr. Greenwell thinks that Hatfield's Survey was not compiled until
after the death of the prelate from whom it receives its name. The
collection of materials for it was not made until between 1377 and 1380,
so that the formal drawing up would not be made until perhaps 1382
or 1383. The Middletons and Hartburne are only mentioned in this
way: — "De warda castri de Middelton St. George et Over Myddel-
ton ad festum Pascha3 9s." The Lord Mayor, by his will in 1385, for-
gave the convent of Durham 100 marks on condition that they prayed
for the soul of himself and John Lovekyn.25 His name appears among
those of his relatives in the Durham Book of Life, and his arms, Gules,
a bend raguly Argent between two garbs Or,26 adorned the cloister of
St. Cuthbert's Cathedral.
21 Vide Surtees' charter, Surtees' Dur., iii. 229.
22 In the preceding interval we may perhaps rank the name of "William Baardt, who
is inscribed in the Durham Book of Life, in a hand of the 13th century.
23 Correct, taking Middleton' s twelfth into account.
24 Reg. Epi. Dunelm. 26 Excepta Historica.
26 Glover's Ordinary. Stew's London. Sir William was a fishmonger. In the
Archseologia, vol. 30, there is an interesting paper by J. G. Nichols, Esq., on the in-
L
74
THE TENURES OF MIDDLETON ST. GEORGE,
That the knight was a relative of the previous owners of Middleton,
is evident from the will of the only relative of his own name whom he
mentions, Master THOMAS WALWOETH, his brother, who was a legatee
of his plate, books, &c. This Thomas, who was a canon of York, was an
executor in 1401 to his cousin Master William W'alleworth, rector of
Haughton le Skerne,27 and by his own will, dated 1409, left to his
sister Agnes a gilt piece which formerly belonged to Sir William Wai-
worth, knight, his deceased brother \ to William Walleworth his cousin,
40£., and to Thomas Harde, his cousin, 40Z.28
Neither of these wills contains any evidence of the heirship of the two
brothers, or of the transmission of the Durham estates of the Lord
Mayor. Eight years after the death of Thomas, however, we find the
the Bart fee in the hands of JOHN KELYNGHALL, whose relationship to-
them seems certain, by the fact that his descendants placed their own
paternal arms in the background, through the general adoption of the coat
worn by the Lord Mayor. The persons named as in relationship are
briefly given below, and in such a ragged pedigree we dare not even
guess the probable place of the Kelynghalls, the inheritors of the land
and arms.
William Je Walleworthe, grantee, about 1314, of 'and in Darlington, — Margery, grantee with
from John fit/ William fitz JBenet, of that place her husband.
• L -i
Emma.
William de Walle-
worde, son of Wil-
liam, 1320, when he
had a grant from
John Benette. Inn.
p ra. 8 Hatf. 1353.
Olive, Inn. p.m. 14
Hatf. 1358 or 59.
Died seized of two
mess, and four ox-
gangs at Great
Burdon. ,
•„• Richard de Walle- ,
worth, named with his j
wife and sons before Sir
Wm. Walleworth, in |
Durham Book of Life. I
Walle-
worth.
Thomas de=p.. Maslcr Wil-
Walleworth Ham Walle-
son & heir. worth, Rec-
Born circ. tor of Hangh
1328. Aged ton le Skerne
21.1859. In Will dated &
1367thepro- proved May,
perty which 1401. To be
he heired buried before
from his St. Nicholas'
mother, at altar, Yoik
Eurdon, be- Cathedral,
longed to Mentions his
Goceline cousin and
Surteys. servant Ric.
Hall.
Sir *
John
Walle-
worth,
and
Peter
Walle-
worth.
Cath-
erine,
1385.
Cecily,
dead
1385,
leav-
ing 5
daughters,
Qu. the
heiresa
of Bard.
Agues, =
f385
and
1409.
William Wai- Margaret, men-
worthe.cou- tioned 1401 and
sin to Mas- 1409, and at the
ter Thomas, latterdatepreg-
1409. nant.
Agnes de Aclom, spinster, cousin to Master
Thomas Walleworth, 1409.
.... Sir William Walle-
Sal- worthe, of London,
ford Fishmonger and
Alderman, Lord
Mayor 1381. Will
1385. =Margaret;
she had a sister
Joan, who was maried to John Oliver,
and had issue by him, William and
Alice, which Alice resided with Wai-
worth in 1385.
Master Thomas Walleworth, Canon of
York and Rector of Hemmingburgh ;
mentioned 1385 and 1401. Will 1
Aug. 1409. To be buried in the enclo-
sure of B.V- Mary, near Archbishop
Scrope's tomb in York Minster.
Robert Peter Salford, kins-
de man to Sir Willi-
Acclome, am Wall worth.
1401. Nigel. Joan.
Margery.
Wil-
Atte
Lee,
1385
Brothers and sisters,
1409.
WilliamAtte
Lee.
ThomasAtte
Lee.
Matilda.
Juliana.
fluence of the amity existing between the companies of Goldsmiths and Fishmongers
upon the arms of the members of the latter in the 14th century. Fishes and the
leopards' heads of the assayers are blended in various ways, and in three cases in
27 Test. Ebor. i. 279. 28 Test. Ebor. i. 353.
AND SOME ACCOUNT OF THE HOUSE OF KILLINGHALL. 75
Of the older arms of Kelyrighall we shall presently
but first we dispose of those of Walworth.
They were borne by the Killinghalls in different
ways ; sometimes in their original form29 ; sometimes
with three garbs, the bend going over all, and nearly
hiding one of the garbs30 ; at others, the garbs are
three, the bend being between them31 ; and, in one
instance, — an oaken shield, in Mr. Allan'spos-
ssesion32 — the bearing is but a single garb to
economise space. Glover gives a variation
for Wayworthe, a bend engrailed between
two garbs argent.33 It may be added that
the second line of Killinghalls held the pos-
sessions of the Benets and Walworths in
Hundon and Ness,34 (which latter estate be-
longs to R. H. Allan, Esq.) at Darlington.
A portion of these may have been purchased
of Lumley in 1566,35 but the Killinghalls
had lands at Darlington before 1503.
The name of Killinghall or Kelynghale seems to point unmistakeably
to Killinghall, near Ripley, the seat of the Inglebys, as the cradle of the
race,36 and it is a coincidence that, at its first appearance in the palatin-
5 Edw. III., garbs are added. Mr. Nichols observes that Walworth's coat had garbs,
and suggests that an alliance with the Bakers also is implied.
One thing is not explained. The Fishmongers (as stated in the paper) anciently
bore dolphins and St. Peter's keys, the Stock-fishmongers two sea-lucies or stockfish
in saltire, with crowns over their mouths, and the two companies were not united
till 1509. There was an impalement of dolphins and keys with the arms of the Gold--
smiths in old St. Paul's. Nevertheless, in the combined arms given by Mr. Nichols,
the fish are not dolphins but lucies, and, in one case, they are in saltire, exactly as
the Stock-fishmongers bore them, save the crowns. We believe Sir William was a
Stock-fishmonger, and the question arises, whether these old coats do not refer to an
alliance of the Goldsmiths with that craft. But see the whole paper. The subject
appears to be confused. Stow calls the two companies the Stock-fishmongers and the
Salt-fishmongers, and seems to speak of them generally as Fishmongers. He calls
Wai worth "the glory of their company."
29 Seal of Margaret Killinghall, of Middleton St. George, widow, 1652 (Chaytor
Archives) . The dictionaries give the same coat for Killinghall of Cumberland.
30 Glover's Ordinary. J. B. Taylor's copy.
31 Latterly this was the usual form, and it was so allowed by the Heralds among
the Allan quarterings.
32 There was a duplicate in the Allan Museum, now at Newcastle.
33 And another for Walworth. Sable, a bend raguly Argent between six bszants Or.
3* Vide Hist. Darlington. 35 Sur. iii. 354.
36 Agnes, widow of Robert de Kelynghale, in good circumstances, made her will at
York in 1414, but she names none of her husband's relatives. — (Test. Ebor, i. 373.J
John Kyllyngall occurs in a York will of 1406 as vicar of Kirkby Stephen. — (Test.
Ebor. 342.^
76 THE TENURES OF MIDDLETON ST. GEORGE,
ate, the rich rectory of Haughton was filled by Henry de Ingleby,
(1354-1375) a prebendary of Darlington and divers other churches. In
1366 we have Thomas de Killinghall among the Oxford students at the
expence of the church of Durham37 ; and sometime between 1338 and
1374, Master John Kyllinghall witnesses a release from Marmaduke de
Lumley in the Prior's Chamber.38 John de Kyllynghall appears in
Hatfield's Survey (circa 1380) as holding Edmondsley, a messuage and
60 acres at Sadberge, late Eichard Lelom's, and a garden on the outside
of Kyngsgate (the narrow Dun Cow Lane), Durham. In 1385 he
was clerk to Bishop Fordham's justices itinerant,39 In 1395 he
had the satisfaction of seeing a son and heir to his legal gains, the
mother was a wealthy widow, suitable to a lawyer of his prudence.
She was Agnes, daughter and heiress of John de Herdwyk (who died
dr. 1390), and widow of Gilbert de Hoton. Killinghall held several
estates in her right for his life, and in 1413 had mounted from his
clerkship to the bench, and served Cardinal Langley as Justice Itiner-
ant.40 He died four years afterwards. His widow survived him, and
from a grant in 1432, she seems to have reassumed the name of Hoton.41
Her inheritance went to her issue by her first spouse, and the Killing-
halls appear to have taken little or nothing by her,
save her ancient blood, coheirship, and arms, for the
quartering of Killinghall, Or, a maunch sable, between
three martlets (hirundines ?J Gules, is ascribed to her.
The maunch alludes, perhaps, to Conyers, as the
Hotons wore three trefoil leaves as a crest, a close re-
semblance to that of Conyers of Hornby and Horden.
At the time of his death in 1417 the Justice held nine messuages in
the Bailey, Durham, by Castle-ward, viz., by finding an archer to de-
fend the pass of Kyngesgate in time of war, and three burgages by land-
male, &c. He also held the manor of Nether Middleton of the Bishop
by 9j$., considerable property in Over Middleton of Thomas Surtees,
and the manor of Graystanes of the Bishop as of his manor of Gotham
Mundeville by the service of keeping the gaol of Sadberge.42
37 He occurs as such in the rolls of Finchale and Holy Island, both cells contri-
buting to the cost. On Easter Eve, 1357, he was ordained an acolyte, and in 1358
a subdeacon, being described as monk of Durham. — (Reg. Epi. Dwnelm.)
38 Surtees, ii. 104.
39 Rot. Fordham. Hutch, i. 316. In the same year, John Killinghall and John
de Egglescliffe granted one moiety of the manor of Sunderland [by the Bridge! to
Sir John Nevile of Raby.— (Sur. iv., \Ti.)
40 Surtees, iii. 221. « Sur. iii. 33.
42 See Surtees, iii. 274,
AND SOME ACCOUNT OF THE HOUSE OF KILLINGHALL. 77
His son JOHN KELYNGHALL (1417-1442) had in his father's lifetime
strengthened his hands by an alliance with a knightly family, Beatrix,
sister of Sir John Clervaux of Croft, knight,43 and grandaughter of Sir John
Clervaux of Croft, knight, by Beatrix, daughter of Sir John de Maule-
verer, being the lady, who bore him his heir about 1412. His arms are
given as Sable, a chevron Or,44 between three kelynges
Argent.46 But what was a kelynge ? The reader of
Urquhart's Rabelais may remember that the soling of
Gargantua's shoes required " 1 100 hides of brown cows,
shapen like the tail of a keeling" ** The codfish ap-
pears to be meant. "Keling he tok, and tumberel,
hering and the makerel." 4T " Morus, a hadok, a ke-
lynge or a codlynge." tt At the great inthronization feast of Archbi-
shop Neville, 1464, there were served "Kelyng, codlyng, and hadocke
boyled." Of course the pun has no bearing on the origin of the name
Kelynghall, which seems to be cognate to Killingholm in Lincolnshire,
and Chillingham in Northumberland (both of which were Cheveling-
ham, or rather perhaps Cheuelingham), and to many other similar com-
pounds. The old bearing lingered in the family long after the adoption
of the Walworth coat, in fact to the last days of the second house of
Killinghall, appearing on the seal of Robert Killinghall, Esq., in 1721,
as three kelynges in pale. The same variation occurs on the oaken
shield already noticed and engraved ; and on the seal of John Killing-
hall, who died in 1574, we shall find a single kelynge used as a device
or badge. The crest of a cockatrice appears on a seal of a Killinghall
of the second half of the 17th century, in the possession of Leonard
Hartley, Esq., and on the plate of the last Robert Killinghall, which
bears the assay mark of 1719, and belongs to Robert Henry Allan, Esq.,
by the descent hereinafter mentioned.
In 1434, John Kelynghall presented his son Robert to the sinecure
43 See Test. Ebor.
44 In a drawing of this coat for " Henrie Killinghall of Myddleton Georg, armiger "
in a roll of Durham arms, temp. Eliz., belonging to the Rev. James Eaine, jun., the
chevron appears to be Argent.
45 Clervaux Roll Pedigree at Clervaux Castle, and Harl. MS., 1540, p. 163. In a
catalogue of bearings of Yorkshire families from a MS. belonging to Robert Legard,
Esq., Anlabie, appended to Glover's Visitation (J. B. Taylor's copy), we have Sable a
chevron Or between three lances of the second, for Killinghall.
46 OzelTs note on the passages says that the Camb. Diet, explains keeling as "what
the Latins or rather the Greeks call Salpa, i. e. a Stockfish. Rather, as Cotgrave
says, a kind of small cod, whereof Stockfish is made." Had the pun not been very
obvious, another allusion to "Walworth the Fishmonger might have been suspected.
The Killinghall fishes are expressly called kelynges by the Heralds.
47 Havelock. 4e See Promptorium Parvulorum i., 72, 210, 296.
78 THE TENURES OF MIDDLETON ST. GEORGE,
rectory, and dying in 1442, was succeeded by his son JOHN KELYNGHALL
(1442-1486), of Middleton George, Esq., whose younger son, Eobert,
stands as head of the second house of Killinghall. His son Thomas was
born about 1438, and in 1469, he, with "William Kelynghall, of Durham,
Esq., and Thomas Kelynghall, of Egglescliffe, Esq., probably his uncle
and his own son, both resident on the family estates, entered into a
bond to Richard Alwent. A William Kelynghall, gent., was a witness
to a sanctuary claim at Durham in 1484.
This John died seized49 of 140 acres called West Hartburne ly
Knight's service, so that the the money payment of 1320 had given way
to the old tenure.
THOMAS KELYNGHALL (1486-1493) was succeeded50 by his son HUGH
KELYNGHALL,51 who was a sanctuary witness at Durham in 1490, and
died in June, 1509, leaving a widow, Elizabeth. The inquest after his
death comprises property at Nether Middleton, Middleton George, Cunt-
flatt, Trafford, Middleton a raw, Durham, Gateshead, West Hartburne,
Graystones, Fawlees,52 Brickclose, Wolsingham, Huntley Field, Stan-
hopp.53
WILLIAM KELYNGHALL, Esq., of Nether Middleton, bom about 1494,
succeeded. His wife Eleanor was a widow in 1526, and his will from
Mr. Allan's archives shows the whole status of the house five years be-
fore that time, with an uncle Christopher and sister Elizabeth, who
are new to genealogists.
To ALL TEEU CftiSTEN MEN to whome this my deide and last will shall
come I William Kelyngale of Midilton George in the Countie of Dur-
esme esquyer sendis gretyng in oure Lorde God everlastyng. WHEREAS
I the said William Kelyngale by my deide dated the eight day of May
in the thirten yere of the [1521] reigne of oure sovereigne lorde Kyng
Henry the eight have inffeoffed William Eure, knyght, Robert Bowes,
Marmaduke Surteys, esquyers, John Surteis, clerk, Christoler Kelyng-
ale and Christofer Conyers gentilmen off and in tbe maner of Midilton
^A small estate at Brafferton, and Urlaw Flatt at Egglescliffe, occur in his In-
quisition. The latter, we presume, is at the modern Early Nook.
50 Isabella his wife, who stands as mother to his heir, occurs 1479-80. Cecily was
his widow.
51 "Margery, sister of Hugh Killinghall," married Ralph Bransby, of Birdforth,
about this time. — (Glovers Visit., Yorkshire.}
53 Way decreed between Fawleeze and Killinghall-birk. — Liber Cancell. Dunelm.
D. fo. 7. (temp. Eliz. et Jacobi.)— J. J. Wilkinson's MSS. xi., 174.
53 Old Catalogue of inquests found in the Exchequer of Durham, 1856. Urlaw is,
in this Inquisition, and that on the death of William, 1527, we believe, said to be in
Long Newton.— (See Surtees, iii., 213.) It was perhaps considered appurtenant to
vyest Hartburn, and shared in its division, for it occurs in the younger line of Kil-
linghall in 1541, but the tenure would be of Castle Barnard, if it was in Long
Newton.
AND SOME ACCOUNT OF THE HOUSE OF KILLINGHALL. 79
George and of and in all and singuler the landes tenementes rentes
revercions and services in Midilton George afforeseid, West Hertburn,
Graistayns, Eglyscliffe, Brafferton, Over Midilton, Midilton in Teasdale,
Durham, Gateshed, and elles where within the Bishopbrige of Dur-
esme : and also of and in all my landes and tenementes in the town of
Newcastell uppon Tyne ; and Cramlyngton in the cotmtie of Northum-
berland : and also of and in all my landes and tenements in West-
rungton [West Rounton] and Over Ditensale in the countie of Yorke
to and for the use and entent that my last will may therof be fulfilled
and performed as by my seid deide more playnly doith appere KNOW
THEY ME the afforseid William Kelyngale by this my present deide to
haiife esspecified and declared my last will of and in my seid maner'and
other landes and tenementes in my seid deide conteigned in maner and
forme as followith First I will that my seid feoffes stand and be seased
of and in my seid maner of Midilton George and all the other landes
and tenementes afforseid to the use of me the seid William Kelyngale
for terme of my lyffe naturall and duryng the seid terme suffer me the
seid William peaseably and withoute interupcion to take and perceyve
the issues and profites therof and immediately after my discesse I will
that my seid feoffes stand and be seassed of and in all my landes and
tenementes in Eglisclyff and Brafferton', Midilton' in Teasdale, Dur-
ham, and Gateshed within the Bishopbrige of Duresme, and West-
rungton in the countie of York to the use and behove of Elynore my
wiffe duryng hir naturall lyffe in full recompence and satisfaccion of
hir joyntor and dower to hir of right belongyng of and in all the seid
maner landes and tenementes and every parte and parcell therof iffe
che so list to accept it and if che will nott so accept it than I will that
my seid feoffes stand and be seased therof to the perfourmance of this
my will and than my seid wiffe to have hir joyntor and dower as the
law will assign e hir in favorable maner [fi& Also I will that my seid
feoffes suffer Elizabeth my suster and hir assign es to take and perceyve
yerly xli. of the issues and profites of my landes and tenementes in
West Hartburn' to such tyme as che or hir assignes shall therof
resceyve the somme of eight score poundes to and for the preferment
of hir mariage and hir fynding, erased ly the testator'] And also I
will that my seid feoffes suffer Christofer Kelyngale myne unkill
to take and perceyve of the issues and profites of my landes
and tenementes in Graistayns xlyjs. viijd. yerly duryng his lyffe
And also I will that my seid feoffes shall take and perceyve
the residue of all the issues and profites of all my landes and
tenementes in Hartburn' and Graistaynes to and for the sustenta-
cion and salary of an honest preste which I will shall sing for the
sawles of me myn auncestors and heires in the parish e church of
Midilton George by the space of seven yeres next after my deathe
perceyving yerly for his salary vij markes. Also I will that my seid
feoffes shall suffer Eobert Thomson my servant to take of the issues
and profites of my landes and tenementes in Over Ditensale xxs. yerly
duryng his liffe. And also I will that my seid feoffes suffer Richerd
Henryson to take and perceyve of the issues and profites of the seid
80 THE TENURES OF MIDDLETON ST. GEORGE,
landes in Over Ditensale xx$. yerly duryng his liffe. And if Elioner
my wiffe aftir my deth refusse suche dower as I haiffe by this will
assigned to hir and take hir dower by the comen lawe so that therby
any person or persons to whome I haiffe assigned any profite by this
my will can nott have the full profites therof Than I will that every
suche person or persons shall take of the issues and profites of such
landes as I haiffe assigned by this will for my wiffe dower so myche
yerly as they shal be mynished by hir dower assigned by the comen
law. And if at the tyme of my deth my goodes and catalles be not of
sufficiaunt valew to pay all my dettes and my legaces conteigned in my
testement Than I will that my seid feoffes shall take the issues and
profites of all my landes and tenementes not by fore assigned by this my
will to such tyme as they shall therof content and pay the remanent of
my dettes and legaces wherunto my goodes will nott extend And this my
affor reherced will I notifie and declare to my seid feoffes to be my last
will and all other writtynges or cedulles conteynyng any will heretofore
to be made by me I revoke and renounce to be my deide And this my
last will of my landes I desire my seid feoffes by way of charitie to se
performed And what coste that they or any of theym shall haiffe in
and abowte the perfourmyng therof I will it be borne of the issues and
profites of my seid landes And after this my will performed I will my
seid feoffes stand and be seased of all the seid maner landes and tenementes
to the use and profett of my right heires for ever In witnes wherof to
this my last will I haiffe sett my seale Yeven at Midilton George the
xth daye of May the yere of the reigne of oure Sovereigne Lorde Kyng
Henry the Eight the xiijth [1521].
[In dorso.~\ A Also I declare by thys myn [hawne erased]
awne hand wrytyng y* I by gud delyberation and for special!
cawse haue cansellytt and putt owthe of thys w*in wrytyng my
wyll the artekelyffe cdfnyg the legasye of Weste Hartebru to my
sys? In wytnessyd hereof I hawue subcrybytt w* my name.
Wyllam Kyllyngall.
FBANCTS KELYNGHALL, the successor, dissipated the estates of his an-
cestors, and probably thought he was doing quite enough for his
relations if he was the means of obtaining a captaincy in the garrison at
Berwick for his cousin Ralph, of the second house of Killinghall. There
he was captain himself for many years, and there he died in 1587,
leaving a widow, Katharine.54 His share of West Hartburne was sold
to William Wrenn,55 who died in 1558-9 seised of half the manor, which
54 Hugh Killinghall was buried at the same place in 1580.
55 The estates at Egglescliffe and Brafferton appear to have been included in this sale.
AND SOME ACCOUNT OF THE HOUSE OF KILLINGHALL. 81
in 1628 was aliened by his grandson to Francis Forster. Before 1567,
he sold the manor of Graystones to Edward Perkinson. In 1569, the
manor of Nether Middleton, and County Flatt, and County Acre in
Trefford, shared a similar fate, the purchaser being
RALPH TAYLBOYS of Thornton Hall, Esq., who had married Eleanor,
daughter of Henry Killinghall, Esq., of Middleton St. George. This
Henry does not occur in the Killinghall pedigrees. His great grand-
son Ealph Tailbois (who died an infant) was born in 1591, and Henry
Killinghall of the second house was not married till 1572. Eleanor's
father was probably the Henry Kelynghall who witnessed a claim to
sanctuary at Durham in 1517, and as to time would stand as uncle to
Francis Killinghall.55 But her husband could not keep the estate of her
ancestors, for, in 1573, he sold the manor of Middleton St. George and
lands in Traiford field to
ROWLAND JOHNSON, Surveyor of Berwick, and of course well ac-
quainted with the Killinghalls. He died seized of two parts of the
manor and adyowson, leaving CUTHBERT JOHNSON, his son and heir, who
who had livery in 1584, and built the Red House or New-Hall, which
he seems to have sold, accompanied apparently with his manor, to
NINIAN GIIILINGTON, of Girlington, gent., who probably claimed some
latent equity, for he was the husband of Ellen, a daughter of Francis
Kelynghall, the former possessor, who was his second wife. On the 18
Feb., 1593, the will of Katherine, her mother, was proved at Rich-
mond, and the Rev. James Raine, jun., has obliged me with his copy
of it : —
In Dei Nomine. Amen. Katheron Kyllynghall, of the paroche of
Wyclyf, wydowe, layte wyffe of Francis Kyllynghall of Myddleton
George. To be buryed wher it plesethe my executors. TJnto my
dough ter Margery Stafferton 15?. to be payd of such bonds as Henry
Kyllinghall and Henry Parkinson standeth bound unto me for and in
consyderacion of my thyrds or dower in Graystones behynd and unpayed
synce the deathe of my husband — every one of hyr chyldren 20s. to be
payed in lyke manner fourthe of the sayd bonds — Anthony Gyrlington66
my gylted goblett, and, yf he dye, to John Gyrlington hys brother, and,
yf John and he dy, to Anne Parkinson ther syster my grand chyld —
John Gyrlington 4 marks — every one of my sonne Gyrlington his dough-
ters57 10s. The rest of my goods to Anne Parkinson my sole executor.
I make my sonne Gyrlington my supervysor and do gyve him a double
55 In the note * of Surtees, iii., 222, for Henry son of Henry, read Henry son of
Ralph. — (Mr. Raine' s Copy of the Berwick Register.}
56 Her eldest grandson. He seems to have died s. p. before 1593.
67 Probably those by his first wife.
M
82 THE TENURES OF MIDDLETON ST. GEORGE,
soveraigne of gold which is twenty shillings for his payns. Wytnesses,
Nynyan Gyrlington, He : Bullmer. [Signs with a cross. Seal, a
tradesman's mark.]
Before 20 Nov., 1596, Richard Madockes, a goldsmith of London,
who had married Cuthhert Johnson's sister, had purchased Red House
of the same Cuthbert or of Mnian Girlington. In 1598-9 JOHN GIR-
LINGTON (retaining "the Grange") granted the manor and advowson to
RICHARD HEIGHINGTON, a yeoman, who resided here in 1601, and after-
wards settled at Greystones, another of Francis Killinghall's alienations.
He must have aliened to the above RICHARD MADOCKES (perhaps in trust
for Killinghall58), who, in 1606, conveyed the manor of Middleton George
to HENRY KILLINGHALL, of the Second House of Killinghall, and his
wife for life, remainder to their son William and his wife Susan (Moore)
and their heirs. The sinecure rectory is found afterwards in the same
family.
The Madockes family had Skirmingham, of which see Surtees's ac-
count. Richard's widow and daughter were buried in Darlington
church, the latter at the cost of the above William Killinghall in
1643.69
THE CAME FEE —We now take up the twelfth of a fee held by
WALTER DE CAME, being half of the sixth previously held by Roland
Baard. It was called one-third of the manor of Middleton St. George,
and had the working rectory attached to it. Before 1208, William de
Cadamo and Robert de Cadamo witness a charter in the neighbourhood,60
and, in the Testa de Nevil, Walter de Kain is represented as holding
one-twelfth in Barony. In 1312, JOHN DE CAMBE held the working
rectory (to which he presented his son John, a priest), and in 1337
ROBERT DE CAMBE died, holding half a messuage and 30 acres in Nether
Middleton by suit at Sadberge, and 13^. castle ward, and JOHN DE
CAMBE his son succeeded. In 1367 Goceline Surtees held lands at Ne-
ther Middleton of JOHN DE CAMBE, 61 and at West Hartburne of John de
Cambe's heirs.62 In 1384, another Goceline held 4 oxg. 13 mess, in
58 See the conveyance from him in Surtees.
59 " 1640, Mrs. Maddockes for her mother lairestall, 3s. 4^.— 1643, Mrs. Judith
Maddockes (spinster, Par. Reg.} for her lairestall which Mr. Killinghall senior hath
promised to pay for." — (Darlington Church Accounts.}
60 Surtees, iii., 229. « Surtees, iii, 229.
62 Ib. 226. There seems to be some error, unless, as is probahle, another John had
succeeded. In 1379 it is stated hy Mr. Surtees that all Goceline Surtees's lands at
West Hartburne were held hy Sir Thomas Surtees of Sir William Walworth, but it
is evident from the sequel that the Games had not alienated their third of the manor.
AND SOME ACCOUNT OF THE HOUSE OF KILLINGHALL. 83
Nether Middleton of John de Cambe, by a pound of cumin,63 derived
from Sir Thomas, the heir of the former Goceline.64 In 1384, MATANIA
DE CAME died, seized of a messuage and 12 oxgangs65 by the services of
1337, and WALTEE DE CAME was heir of his brother John.66 His In-
quisition is dated 10 iSkirlaw (1398). Between 1507 and 1521 THOMAS
CAYME of Theddlethorp in Lincolnshire, gent., sold his third part of
the manor of Middleton George,67 and the advowson, to ELIZABETH
KILLING HALL, widow of Robert Killinghall of the second house of that
name, who presented a rector in 1531.
Robert Kelynghall (younger brother of the Thomas Kelynghall who
was born in 1438) accompanied Thomas Blakiston, who married his
sister Joane, on the latter doing homage for Blakiston to the Prior in
1477, and is called brother by him in a settlement of 1482. His first
wife Agnes appears to have kept him childless for great part of his life.
In 1491 he and she were admitted to the fraternity of the monastery
of Durham, and she died shortly after. Her husband's heir Christo-
pher was born in 1494 or 1495, and, unless all his father's lands were
settled, the doctrine of half-blood did not intervene between him and
the next surviving son, William, who was born about 1505. These
were evidently children of an old man by a young wife, for he died in
1507, and she survived him 34 years. She was daughter of Thomas
Surtees, Esq., of Dinsdale, and in 1503 her husband enfeoffed some
members of her family of lands in Darlington, Newbiggin-upon-the-
Dike,68 Sadberge, Long-Newton,69 and Stillington, for her use as long as
she remained his widow and unmarried. She was evidently a grave
and prudent person, and she spent her savings in the honorable occupa-
tion of founding a new family of Killinghalls in wealth and property,
to take the place of their decadent cousins; and here followeth the
pith of the record of her investments, from her descendant's archives
at Blackwell.
To all . . to whome this present will indented shall come here or see.
Elizabeth Kelynghall of Myddilton George in the Bishopprick of
e3 Inq.'p. m. 4 Fordh. 64 Radclyffe's ped. of Surtees. J. B. Taylor's MSS.
65 These discrepancies frequently occur, perhaps by the different modes of includ-
ing or excluding wastes, &c.
60 Inq. p. m. 4 Fordh.
67 From the enumerations of the estates of the Killinghalls afterwards, it appears
that this designation included West Harthurn and Urlaw.
68 The Great Whinstone Dike.
69 Three oxgangs, held of Castle Barnard. (Inq. p. m.) "We do not know the
origin of this, or of some others of the estates of Robert Killinghall. Possibly
they came by his first wife. At Sadbei'ge, however, his father had property which
probably passed to him by settlement.
84 THE TENURES OF MIDDLETON ST. GEORGE,
Duresme wedowe sendeth greting . . Where as I . . and John Surtes
clerk, Rauff Surtes and Arthure Surtes gentilmen,70 stonde . . seased
to . . the use of me and rny heirs of and in thre croftes foure score and six
acres of lande thre acres of medowe and ten acres of pasture . .. in Schil-
done besides Auklande . . by force of a recovere in a writt of entre in le
post hade ayenst Thomas Cayme of Thedilthorp in the countie of Lin-
coln gentilman And where also the abovenamed John. .Rauff. .and
Arthure Surtes gentilmen stonde . . seased to . . the use of me . . and myn
heirs of and in oone mesuage a hundreth and fourty acres of lande
thirty acres of medowes foure score acres of pasture fowre acres of
wodde in Myddiltone George . . ooiie fysshing their in the water of Tease
. . the third parte of the inaner of Myddiltone George . . and the advow-
son of the chirch of Myddiltone George, .as by two. .recoveres. .maid
for the performaunce of certen grauntes bargane and sale of. .the
premisses maid by the said Thomas Cayme unto me. .appareth. .1. .
have maid . . my last will . . and requyre my said feoffes . . to stonde . .
seased . . to . . the use of me . . for terme of my lyff And aftir my .de-
cease the said John Surtes and other his coorecoverers . . to stonde . .
seased to. .the use of paiement of my dettes. . And after my dettes
fully paid . . and other sich legaces as I shall declare in my last will to
be taken of the said landes then I will that the. . corecoverers . .shall
stonde . . seased of all the landes . . in Schildone . . for the use of John
Kelinghall my yonger sonne [in tail male, rem.J to the use of Willyam
Kelinghall my eldest sonne [in tail male, rem.] to the use and per-
formaunce of my will And of all my landes . . and other the premises in
Myddiltone George, .for the use of Willyam Kelinghall my eldest sonne
[in tail male, rem.] to the use of the abovewriten John Kelinghall [in
tail male] And for defaute of siche issue, .the. .coorecoverers shall
stonde. . seased of and in all the abovewriten. .premisses in Schildone and
Myddiltone George . . for sich use . . as I. . . by my last will shall hereafter
therupon make ordre and declare Moreour it is the full mynde and
will of me the foresaid Elizabeth that the abovenamed John Surtes and
othir his coorecoverers and their heirs and the heir or heirs of the over-
lever of eny of theym shall stonde and be continually seased of and in
all the foresaide landes and tenementes to and for the uses above ex-
pressed without any estate or gift of the said landes and tenementes
hereaftir to be hade and maide to the abovenamed Willyam and John or
to their heires masles or the heirs of any of theym soo that the said
Willyam and John and their heirs shall not have eny possession of the
said landes but oonely in use of estate taill to theym and their heirs
masles of their bodies lawfully begoten aftir the maner and forme as
is abovewriten.71 Alweys provyded and foreseen that I. .at my pleasour
shall and maye chaunge alterate adde mynyshe putt in or putt out eny
70 John and Ralph were her brothers, and Arthur is named with them in the Inq.
p. m. 1511 or 1512, of her nephew Thomas Surteys whose death caused such misery
to her house by the doctrine of the half-blood. — (RadclyflVs ped. of Surtees, J. B.
Taylor's MSS.)
71 In this curious clause the testatrix wishes to prevent a common recovery by
preventing the existence of a legal tenant to the praecipe, and, not anticipating the
Statute of Uses, 27 Hen.^VTIL, attempts to create a mere equitable estate tail in
perpetuity.
AND SOME ACCOUNT OF THE HOUSE OF KILLINGHALL. 85
article or articles worde or wordes conteyned and specified in theis
presentes and that sich alteration &c. shall be accepted, .as my dede
and to be as parcell and parte of this my will. .11 July, 1'J Hen. VIII.
[1527]
Before 1536, for bequests are made to the monasteries of Mount
Grace and Nesham, Ralph Surtees, her brother, left to his " sister
Kyllinghall vi puderde salmon."72 She died in 1541, and was suc-
ceeded by her eldest surviving son, WILLIAM KILLINGHALL, Esq. In
1529, he and his brother John were bound over to keep the peace
towards Edward Oglethorpe of Newsham, near Egglescliffe,73 and he
seems to have had a sister who married Thadye, for, in 1558, Richard
Thadye, of Bruntoft, gent., leaves to his uncle William Killinghall his
white gelding, and appoints him guardian and supervisor.74 He died
in Dec. 1559, seized of one third of the manor of Middleton Saint
George, and of lands in Sadberge, Newbigging, Long Newton, Darling-
ton, Stillington, and West Hartburn.
JOHN KILLINGHALL, Esq., Middleton George, was brother and heir.
Mr. Surtees says he was " aged 25, Sept. 3 Eliz,, 1561 ", but the stops
are erroneous and the age omitted, the 25 referring to the day of Sep-
tember on which his brother's inquisition is dated. Probably he was
poorly off in this world's wealth before his
brother's death, as Richard Thadye, in 1558,
forgives John Killinghall all such debts as
he was owing unto him, and makes a be-
quest unto John KillinghaH's children ; 75
and in 1548-9 we have his name as one of
the " poor gentlemen" brethren of the col-
lege of Staindrop, which was founded "as
well for the praying for the dead as for the
Bustentation of such poor men as have served
the Earl" of Westmerland for the time
being.76 Here, perhaps, is the reason of his
son Henry joining in the Rising of the
North. Afterwards he appears as a " pru-
dent and wealthy man," and in 8 Eliz. added to the family estate at
Darlington, by a purchase from Lord Lumley.77 His seal, used by his-
son Henry in 1586, is given in the margin from the Chaytor Archives,,
and the following are extracts from his will.78
72 Will proved 1549. Durham Wills, Sur. Soc. 133.
™ Surtees, iii., 208. 74 Durham Wills.
™ Durham Wills. 76 Barnes' Proceedings, Sur. Soc.
" Close Rolls, quoted by Surtees. 78 Allan Archives.
86 THE TENURES OF MIDDLETON ST. GEORGE,
1572, Dec. 14. John Killinghall of Middlelon George — to be buried in
the parish churche of Middleton — to the poore people of Darlington,
10s. (besides to those of Middleton, Consclif, Dinsdaile, Eglisclife, and
Windlerton) — my sonne Henrie J of leases of my cole pittes of Wynd-
lerton and Ryton — my sonnes Raufe, John, and Robert, the other J —
in contentacion of there childes portions and such bequests as there
uncle William Killinghall my brother haithe geaven them — Anne my
doughter 200 markes — my daughter Elizabeth79 200 markes — my dough -
ter Isabell 200 markes in full, &c., (as before) — the 600 markes to be
raised of my godes, &c., at Kerleberye80 Dimdaile and Trasfourthe
hill — to my lovinge Anne Parkinson,81 Kerleburie, to use at hir discre-
tion to hir contentacion and to the profitt of my children if she shall
thinke meit — my sonne Thomas K.82 40?. — Myles Blenkinshopp my
servaunte — Henrye my sonne, Traforde Hill — said sonne Henrye in
consideracion of suche landes as I purchased and have in Darlington,
whereof I leave hym my heire, to paye yerelie fourthe of the same to
every one of his said thre bretheryn Raphe,83 John,84 and Robert, or to
there governers for there behoufe, fyve markes a peice so longe as they
and every of them leaves — sister Anne Parkinson — brother and sister
Clarvax85 — sister Parkinson my thre chistes in my chamber that I laye
in at My die ton, and the stuffe therein my said thre daughters shall have
— said sister my standishe86 — nephe Henrye Parkinson a baye colte —
Raphe Jameson my baye farralas87 horse — Robert Bankes my horse
cauld lumpe in the houghe — 305. Mr. Thomas Euire owith unto me —
Thomas Brystowe my graye gason88 horse — brother Richerd Clarvax —
Proved 1574.
79 She married Marmacluke Norton of Stranton, Esq.
10 The manor of Carlbury, in the parish of Conscliffe, was at this time in the
Queen's hands by the attainder of the Nevilles. Dinsdale and Trefford Hill were in
private owners. Killinghall seems to have been an extensive speculator in coals and
agriculture.
81 The testator's wife was Anne, daughter of Richard Perkynson of Beamond
Hill, co. pal. Esq. The sister Anne Perkinson of the will seems to be Anne the
daughter of Ralph Hedworth. She survived her husband Edward Perkinson, Mr.
Killinghall's brother-in-law, who, by will, 1567, leaves to his " sister Killinghall,
for a token of remembrance, his silver heeds."
82 Died without issue. Harl. MS. 1540, p. 163.
83 Ancestor of Killinghall of Berwick and London. See Appendix.
84 He had abase son, John Killinghall. Harl. MS. 1 540, p. 163. The marriage of
John Killinghall with Anne Billingham at Darlington in 1618 must be taken to his
nephew John, who was baptized in 1574.
85 Margery Killinghall, the testator's sister, married 1. Rowland Place, of Halnaby,
Esq., and 2. Richard Clervaux of Croft, Esq. On 8 Feb., 1571-2, John Place of York,
gent., leaves to his father in law, Mr. Richard Clarvaus, his best winter gelding which
he used to ride upon in winter himself, called Graye Tempest : to his mother Clarvaus
all the money she owes him : and to his uncle Killinghall one oulde angell. (MSS.
Jac. Raine, jun.)
56 An inkstand, which constitutes the bearing of the Standish family.
*7 Farralas is still used in the sense of barren.
88 Gar.son, a youth. Here a young horse.
AND SOME ACCOUNT OF THE HOUSE OF KILLINGHALL. 87
HENRY KILLINGHALL, Esq., son and heir, who succeeded in 1574, and
died in 1620, had, in his father's lifetime, become unfortunately con-
nected with the Rising of the North, but was received into the protec-
tion of the Earl of Warwick and the Lord Admiral on Jan. 9, 1569-70.
Probably he had been led into the Rising more through his family alli-
ances than any controlling principle. His mother's relations (the
Parkinsons) were much connected with the Nevilles ; his sister was wife
of Marmaduke Norton, eighth son of old Richard the
rebel patriarch ; and we have his father's name in con-
nection with the college of Staindrop. After the Re-
bellion, in 1572, he married Anne, daughter and
coheiress of Robert Lay ton of Sproxton and Scutter-
scelfe, co. York. Whether he was of a thoughtless,
rash disposition, or was hopelessly involved by his
share in the Rebellion, does not appear, but he parted with his principal
Darlington possessions to a family of Foster, who had also acquired
West Hartburn, an old manor of the elder line of Killinghalls, by pur-
chase from the Wrens, and who in 1649 use the arms of Killinghall on
a seal. They had perhaps picked it up on their purchase. Other sales
were made in 1586, and about the same time we find him making some
compensation to his injured Queen by discovering for her some lands
which he thought she ought to have had in the great dispersal of church
possessions. The history of these lands is rather amusing as they ap-
pear in the proceedings taken before the Council in the North Parts.
Whether they constitute the small close in Middleton-one-Row now
part of the glebe of Dinsdale, we cannot tell, but the story opens in
1578 with Thomas Blakiston, the Rector of Dinsdale, being disturbed in
the possession of two ox-gangs in Middleton-one-Row, which he, and,
as he stated, all his predecessors had enjoyed in right of the rectory,88
by John Surtees, the Lord of the Manor of Over-Middleton and George
Gladley, his tenant. The Rector brings suit, and the defendants make
it out that the land had been leased by the Surtees family to one of
its members, who happened to be Rector, and that the lease had expired.
YORK, 9 Oct., 20 Eliz. [1578] THOMAS BLAXSTON, v. JOHN SEWER-
TIES and GEORGE GLADLEY. Depositions for defendants.
John Hudson of Morton, grassman, aged 54. Marmaduke Sewerties90
B9 Inquisitio de valore Beneficii de Dinsdale, 1466. " Item in redditu pro ii.
bovatis terrse in Midelton Superiori xs." " Item in decimis garbarum de eadem
ammatim xviii^.— Sur. iii., 239. Probably the premises had long been leased to the
rectors out of favour to them.
90 Born about 1494, aged 17 in 1511, when he was heir of the half blood to his
brother Thomas, and maintained his ground in Over Middleton in spite of common
law. The date of 1557 as that of his death, is a misprint in Mr. Surtees' s History.
He lived some years later, to " extreme old age."
88 THE TENURES OF MIDDLETON ST. GEORGE,
was seized of the manner of Middleton one Rawe. The premises are
part of it. Hath sene a writing wherebie the said Marmaduke graunted
the same unto John Sewerties91 uncle unto the said Marmaduke and
parson of Dinsdell for the life of John and twenty years after. Depo-
nent, then but a boy of a dozen or thirteen years of age,92 was present
at the buriall of the said John Sewerties, and then had a penny [the
funeral dole] given him. The lease expired 24 yeres ago. The said
Marmaduke borrowing xs. of Rowland Clerk [rector 1561 to 1571] upon
his signett, and the said Rowland within or about a moneth after com-
yng to the said Marmaduke and requesting to have his money, the said
Marmaduke tolde the said Rowland that it was but a small thing that
he the said Marmaduke had of him, and that therefore he thought that
the said Rowland would not have bene so hastie with him. For, quoth
the said Marmaduke, if I would, I could take the two oxganges of land,
which thoue occupiest herein this towne, from the, which is a hundreth
tymes better than the money thow lent me. Nay then, quoth the said
Rowland, that I thinck yow cannot do. Yes, quoth the said Marma-
duke, that I can : but be thow good to me, and I will be good to thee.
"Why, sir, quoth the said Rowland, any thing I have yow shall com-
aunde. And well then, quoth the said Marmaduke, come hither to me
againe such a day, and I will show the good specialtie that the two
oxganges is myne to do with what I list. And so, for that tyme, the
said Rowland departed. And, comyng again to the said Marmaduke, at
the tyme appointed, which was within or about thre weekes then next
after, the said Marmaduke showed such evidence unto the said Rowland
Clerk, towching the said two oxganges of land, that the said Rowland
Clerk perceived that he had not any right thereunto : for thereupon,
this examinant is privie, and doth right well know, that the said Row-
land Clerk did compounde and agree with the said Marmaduke for the
said tenement and two oxganges of land, and paid unto the said Mar-
maduke fower poundes xs., besides the xs. which the said Marmaduke
ought him, which made upp fyve poundes ; and that, in consideracion
thereof, the said Marmaduke did fullie conclude and agree to and with
the said Rowland, that he the said Rowland should have and enjoy the
said tenement and premisses during his naturall life. — Defendant John
Sewerties was th'onlie sonne of and next heire unto Marmaduke.
About St. Ellenmas last he entered the premises and was seized, and
demised them to the said George Gladley as tenant at will.
Raphe Archer of Middleton one Rawe, laborer, ag. 30 [confirms Hud-
son's statement]— Did receive at th'ands of the said Rowland Clerk,
at thre severall tymes, fower pounds tenn shillings, parcell of the some
of vli.j to the use of the said Marmaduke, in consideracion of the afore-
said agrement, and paid the same over to him accordinglie. And after-
wards this examinant was present at Darlington ; and, then and there,
91 John Surtees was Rector from 1498 to 1529, so this might well be ; but Hudson,
in his deposition ten years after, says that Marmaduke told him that his ancestors
had given the oxgangs to his uncle for the ahove term.
92 This, and a succeeding statement ahout the termination of the lease, would make
John Surtees die about 1535, hut the lists of Dinsdale rectors kill him in 1529,
George Reed succeeding p. m. Surtees in that year. Rowland Clarke p. m. Reed
comes in 1561, and Thomas Blaxton the plaintiff in 1571, p. m. Clarke.
AND SOME ACCOUNT OF THE HOUSE OF KILLINGHALL. 89
did heare and see the said Rowland come to the said Marnmduke, and
speake thus to him, Sir, now I have paide yow all my money according
to our agrement, and therefore I pray yow now let me have assurance
made for my life that I be not any more troubled. Marrie, parson,
quoth the said M armaduke, that I will with good will : and come, go
with me to Mr. Hailes. And so they went together to Mr. Hailes to
have assuraunce made of the premisses according to the said agrement.
The copies of depositions are sealed with "her highness signette93
remaining with her majestie's secretarie there" [at York] 1589, on the
occasion of another suit to be noticed immediately. The rector asked
for his ten shillings in an evil day. It is obvious that the affections of
the Surteeses, supplanted in Dinsdale by the Places, would be transferred
to the parish of Middleton.
How the suit ended does not appear, but it is probable that the rec-
tor won his ends, for a new ground against him had to be taken, an
allegation that the augmentation was for superstitious purposes. This
was substantiated to the satisfaction of the queen's officers by Henry
Killinghall, and on 25 Apr., 28 Eliz. [1586], a grant of the premises
was made to John Owbray (or Awbrey), and John Radcliffe ; and Kil-
linghall purchased from them, probably by collusion. The indefatigable
parson and his tenant were exchequered in 1588 by the new owner,
who describes himself as "Henry Kyllinghall of Midleton George,
gent., fermor to her majestic of one messe, one litle close, and two ox-
ganges, eonteyninge by estymacion fourteen acres [each ?], in Midleton
one rowe in the tenure of Thomas Blakeston, clerke, and George Bayne-
brigge, gent., which were geven for a priest to say masse, and to praye
for the deade soules for ever within the churche of Dynsdell," and
complains that Blakeston and Bainbrigg had got divers evidences "by
colour whereof they had entered to the great hinderance of the orator
who had at his own costes discovered the tytle for her majestie."
The defendants answered that "the Deane and chapiter are seased of
the advowson of Dedinsdell/' — that the incumbents have been seized of
the property in dispute as parcell of the glebe, and Blakiston was pre-
93 It contains the royal arms, with a sword held at either side. Diev et mon droit.
At the foundation of the Council of the North, in Henry VIII' s. time, Bishop Tunstall
thus writes from York to Cromwell, "Your Lordship at my departing said, that the
king's seal, that we should use here, was not ready. Master Uvedale hath a goodly
signet of the king's delivered unto him by your Lordship at his departing, as he
saith, which containeth a difference from all other the king's signets, having on
either side of the king's arms, a hand with a sword upright in it : which signet, if the
king be so pleased, would suffice for these parts, the print whereof in paper I send
you herein enclosed; desiring to know the king's pleasure, whether we shalHise the
said seal or not, for in the meantime necessity compelleth us to use it."— State
Papers.
90 THE TENURES OF MIDDLETON ST. GEORGE,
sented about 17 years sythence and that Baynbrigge only dealt as ser-
vant to him. The gift for superstitious uses is denied, and all the
rest of Killinghall's statement is traversed.
Deposicions taken at Darlington for Henry Killinghall, gent., before
John Coniers and Henry Lawson, Esquires, and Eaphe Tonstall and
George Pudsaye, gentlemen, 30 July, 30 Eliz. [1588] James Urpyn
of Middleton one rowe, clarke, aged four score, says that the property
pays tithe to Middleton George. John Hudson of Murton, aged 65, had
hard one Mr. Marmaduke Surties his master say that the premisses
•was geiven by his auncestors to one John Surties, some times parson of
Dinsdell, for the terme of his life and 20 yeares after his decease.
Hath seene a deede in one Sir Rowland Clarke's handes then parson of
Dinsdell, delivered by one Marmaduke Surties to the said Sir Rowland
for to reade, by which it appeared to the said parson that the right of
th' inheritance was appertaininge to the heires of the Surtises, and then
the said parson did compounde with the said Marmaduke to have the
premisses duringe his life, payinge 5L for a fine to the said Marmaduke.
For thirty yeares past the parson of Dinsdell hathe receaved the pro-
fittes. The premisses are within Middleton George, and payeth tithe
unto the said parson.9* Robert Place of Nether Dinsdell, gent., aged 65
yeares, sworne at Dinsdell 27 September, hard yt to be the Surtis land.
Robert Nelson of Middelton one rowe, aged 80, says that the tenants
have bine constables of Middleton George. It lyethe within the Lord-
shipp of Middleton one Rowe. George Myers of Middleton one Rowe,
aged 54 yeares, says that the tenants have been churchwardens of
Middleton.
For the defendants Christopher Warde of Martin in Cleavland, aged
54, says that for 46 yeares the premises have been parcells of the gleebe
of Dinsdell. His father was tenant to the parson of Dinsdell for 24
yeares, and he 4 yeares after. Nicholas Wasse of Stoddaw, aged 55,
says that parson Reade, parson Clarke, and parson Blackstone, enjoyed
the same for 26 yeares. George Ward of Hurworthe, aged 60, says
that his father was tennent to Sir George Reade for 20 yeares. Robert
Ward of Hurworthe, aged 60, says that his uncle95 was parson of Dins-
dell and his father was teunant.
Probably the parson again won the day, practically so at all events.
In 1605-6, as we have seen, Henry Eillinghall obtained the two-
thirds of the manor of Nether Middleton which had been comprised
in the Bard fee, accompanied by the sinecure a&vowson. But he does
not appear to have recovered his difficulties, for we learn from the Dins-
dale abstract that in 1607 he and Richard Maddocks, for 300Z., granted
three closes called Night Fold, the Middle Close, and the West Close in
94 See note on page 87.
95 Sir George Reed, who, in an interesting will printed in Surtees, iii., 241, men-
tions aU these Wards.
AND SOME ACCOUNT OF THE HOUSE OF KILLINGHALL, 91
Sadbury, to Christopher Place. In 1608, they levied a fine of lands in
Haughton and Long Newton to Place. And on 28 Jan., 1608-9, we
have a mortgage in the shape of a lease, from Killinghall and Richard
Maddockes of Skirningham, gent., to Ralfe Cotesfurth of Newtonne
Ketton, gent., for 100 years, at 12<£. rent, of a messuage in Sadbury on
the Hill, alias Sadbargh, on the west side of the Gaoele,96 late in the oc-
cupation of "William Killinghall, gent., son and heir of the said Henry,
with all the arable lands and meadows within the three corn fields in
Sadbury, alias Sadbargh, which are not within the compass of the com-
mission for partition of the outsides of the said arable fields there.97
Cotesfurth was a mere trustee for Lambton of Stainton, for, on 26 May,
1615, in consideration of 105Z. paid by "William Staveley of Thormonby,
co. York, gent., to Margarett Lampton of Hough ton Feild, widow and
executrix of William Lampton, Esq., for the due debt of Henry Kil-
linghall, she and Raffe Cotesfurth of Winton, co. York, gent., adminis-
trators of the former Ralph, with Killinghall' s approval, grant the lease
to Staveley and George Tomlinson of Burdforth, co. York, gent. Mr.
Killinghall died in 1620. His brother Ralph was a captain in the gar-
rison of Berwick, probably through his kinsman Francis of the first
House of Killinghall, and founded a family, of whom something may
be seen in Appendix A.
WILLIAM KILLINGHALL, Esq., son and heir (1620-1644) succeeded.
He was twice married. His first wife was Susan, daughter of John
Moore of the Myntgarth [Sir George Saville's property], York,
Sergeant-at-law, " who never obstinately defended an unright-
eous cause." The inventory post mortem ejus is in the possession
of R. H. Allan, Esq., being sixteen feet long?* The honest lawyer had
" one old black cloth night gowne ; a faire new satten doblet and a pare
of tafety hose ; an old sleveles jackett and doblet of rash of two co-
lors, &c. &c. ; a tablet of gold with a blew sapher and vi. pearles given
to his daughter Suzan More as well before his will makyng as since
[a good girl, evidently, for the old man trusted 51. 3s. "in his
coffer standing in his doughter Suzan' s chamber"] ; one gold chayne
weighing ix. ounces, and halfe a frensh crowne at 53s. 4d. the ounce ;
one bracelet of gold 61 ; one nutt set in silver gilted with gold 40s. ; a
stone pott set in silver with a cover gilted 13s. 4d. ; an halbert and a
96 It will be remembered that the elder house held Graystanes by the service of
keeping this gaol.
97 Chaytor Archives.
98 It would be well worth, printing at length, as a most minute description of a
wealthy lawyer's household, and the place of his abode has its interest. The docu-
ment is as a brand from the burning, for it was found accompanied by a pair of rusty
scissors.
92 THE TENURES OF MIDDLETOtf ST. GEOEGE,
battle axe [in his bedchamber] ; a cote of plaite, a corslet for a horsman
with one gantlet, a shaife of arrowes, and a black bill [these in the
hall] ; \_chaple chamber mentioned, and quisshings made of nedleworke,
cope and vestments, &c.]; an Irish rugg of chekker work, a Turky car-
pett for a table ; her majesties picture , one great brasse pott of 43 pound,
6d. per pound, one brode oversea panne weying 36 poundes, two chawf-
yng dishes and perfumyng panne [in the kitchen]; Mr. Mores owne
picture, two other pictures and a table of armes; a pare of tables Is.
[chess board ?] ; one gray mare called Suzams mare 33s. 4d. To paid
"to Mr. Bowsfell the draper for blacks to the mourners 13Z. 8s.; for
spices, strawleryes [the lawyer died in September], wyne, cakes, and
other things spent of the funerall day 36s. Id. ; for wry ting the inven-
taryes into paper and parchment and for the will and probacion thereof
and other charges about the same, 41. 10s." Net value of goods and
debts 8471. 15s. 6d. Legacies: "to his son Francis More, a signet of
gold praysed to 31. 6s. Sd. ; Katheryn More his wife a nest of sylver
tonnes gilt being six in nomber, with a cover, &c." Susan got " his best
silver salt doble gilt and the cover thereof, a gilt goblet without a cover,
a dozen of his best silver spones with the apostles at th'ends of them, a
gold ring with a blew sapher stone in it, a tablet of gold (see above),
and one of his best fether bedds."
Serjeant Moore was twice married. " Margrete Moure wif to Mr.
Sergeant Moure, aboute Ix yeares of age" was buried 5 Dec. 1572, at
St. Michael le Belfrey, York. "We do not therefore understand Poul-
son's statement that he married Catherine Holme (who survived her
first husband Marinaduke Constable 60 years) at Sigglesthorne, in
1569." " Susane daughter of Mr. Sergeant Moure" was christened at
St. Michael le Belfrey, on 15 April, 1576, and was married to Killing-
hall in or before 1 605-6. 10° Five years afterwards, in 1611, she must
have been exceedingly annoyed with the Spiritual Court proceedings
against her spouse, who " entertayneth in his house as kitchin wench a
woman that hath had two bastards at a birth (as if that made the mat-
ter worse !) — it is not pretended that he is suspected with her, but he
owes 8s. 4d. sessement, and licks the churchwarden with his staffe when
he calls for it." Mr. K. answered that "he acted out of charitie, and
struck the churchwarden lightlie with a small gold-headed cane which
he useth to walk with ordinarily."101 The entry is headed Middleton
St. George, and the rate was probably for lands there ; but the children
of Killinghall at this time were baptized at Sockburn. About 1620,
he questioned Mr. Francis Foster (the owner of the Bard fee in "West
99 Holder-ness, ii., 23.
100 See the settlement of that date. Snrtees, iii., 222.
101 Surtccs to J". B. Taylor.
AND SOME ACCOUNT OF THE HOUSE OF KILLINGHALL. 93
Hartburn) for his tithes in kind, [in respect of his sinecure rectory, no
doubt already held in lease from its incumbent] and would have had
Mr. William Case, then rector [of the working rectory] to have joined
him in suit. But the rector refused because he had received of Foster
" twenty shillings in money to buy a cloke, three bush ells of ry, and
besides the said Francis Foster being a good friend unto him." The
subject was renewed by John Killinghall, his successor. All his
children were by Susan Moore, but on 11 July, 1625,102 "William
Killinghall married Margaret Pepper, at Middleton, and the mention
of Mr. Cuthbert Pepper and his wife's daughters in his will, induces
us to give the marriage to old Mr. William and not to his son.
1642, July 8 (proved 1649). "William Killinghall late of Middleton
George, Esq., if it please God to call me to his mercie nere home to be
buryed amongst my ancestors att Middleton aforesayd [this so happened]
but without pompe vaine glory or unnecessary ostentacion or charges,
but if I dye not att or nere home then to be buried where it shall please
Almightie God to appoint — my loveing wife all her Jewells, my silver
cann, six spoones, my lesser silver salt — sonne John my evidence chist
my painted deske, &c. — daughter Margarett my sonn John's wife my
silke curtains and vallance as a token of my love and aifection — sonne
Robert all my schoole books and law books with desire he may make
good use of them and follow that profession — son Henrie — daughter
Katherine — Sir Thomas "Widdrington and Cuthbert Pepper for the
benefitt of my sonne Robert the next presentacion which shall happen
after my death of that part of my parsonage which Mr. Joseph Cradocke
hath.103 And whereas alsoe I have a lease from the sayd Mr. Cradocke
of that part of the parsonage which he hath at the yearly rent of 101.
during the life of the sayd Joseph Cradocke graunted in my sonne
John's name in trust and whereof neverthelesse I doe receive the bene-
fitt I doe hereby give the sayd lease and all the benefitt and profitt
thereof to my sonne Eobert for his better maintenance to be educated
in learning — Greate Stainton to sonne Eobert and issue male [he died
childless], rem. to my grandchild Wm. Killinghall, — my sonne Thomas,104
his eldest sonne Thomas, and my daughter his wife — sonne "William
— daughter Susan Nelson — son John my here vessell and the lead ces-
terne in the kilne and to his wife 5s. — sister Margery105 — sister Kath-
erine— every one of my wives daughters a noble to be made in rings to
weare in remembrance of me — to the poore of Midleton parish 20s. to
102 Copies of registers in the Allan Archives.
103 The sinecure rectory. Cradock was appointed in 1625. It is now a mere lay
rectory, in the hands of the present owners of the manor.
104 See Appendix A.
105 Among some recusants on a flyleaf of Darlington register is a Margery Kil-
linghall of that place, buried in 1644-5. The entry may relate to this Margaret or
to the " pretended wife," by a " clandestine and unlawful marriage" of Mr. Francis
Killinghall (of Middleton George, gent., aged 63, 1642) her brother.
94 THE TENURES OF MIDDLETON ST. GEORGE,
be paid yearly by the space of three years after my death out of the
lands due to my sonne Robert — wife and sonne Robert residuary lega-
tees and executors — Sir Tho. Laiton and Sir Tho. Widdrington knts.,
John Wytham and Cuthbert Pepper Esqs., supervisors — to each a noble
to wear in a ring.
JOHN KILLINGHALL, son and heir (1644-1652), fell
upon evil times soon after his marriage in 1637 with
Margaret, a daughter and (on her brother's death in
1649) a coheir of William Lambton, Esq., of Stainton,106
by whom he obtained half of Stainton and Haughton
Field. Of gentle blood, he of course adhered to the
milder tyranny of Charles I. in preference to that which was to succeed
it, and at the first outset of the troubles he and his brother-in-law Ni-
cholas Chaytor (who married the other heiress of Lambton) were con-
cerned in the great questions of the day.
During the Ripon treaty of 1640, "a great complaint was made to
the English commissioners by two Durham gentlemen against Meldrum,
secretary to the Scotch General Lesley, who at the time the new assess-
ment was laid upon the Bishoprick, publicly spoke these words in the
Shire House : ' I wonder you are so ignorant, that you cannot see what
is good for yourselves : For they in the South are sensible of the ensu-
ing good, and that we came not unsent for, and that oftner than once or
twice, by your Great Ones.' There being a doubt made at these words,
Great Ones ; he replyed to them 'your own Lords/ with a further ex-
planation. All this was offered upon oath by the two gentlemen to the
commissioners; but the Lords only required them to write down the
words, and subscribe their names, which were John KillingTiall and
Nicolas Chayter. The paper being shewn to the Scotch Commissioners,
they sent it to General Lesley at Newcastle, who sent back another
paper to Rippon, in which his secretary denyed the words. "Where-
upon some of the English Commissioners required they should go to the
Scotch camp at Newcastle, and give in their testimony before Lesley
himself. The gentlemen replyed, ' They had rather, and could more
safely testify it in any court of England ; yet they would do it there,
provided they might have a safe conduct from the Scotch Commission-
ers ;' there being as yet no cessation of arms. Hereupon a messenger
was sent to them for a safe conduct for the gentlemen ; but he brought
this answer from the Earl of Dumferling, * that the two gentlemen were
unwise, if they went to give such testimony at the camp.' And then
speaking with the Lord Lowdon, he again told the messenger 'that
such a safe conduct could not be granted, and that he would satisfy the
Earl of Bedford.' Upon which last answer the two gentlemen were
dismissed, and the business seemed to be at an end. However, by
ice We purposely abstain from breaking into much, new detail concerning this
family here.
AND SOME ACCOUNT OF THE HOUSE OF KILLINGHALL. 95
means of private intercourses, another discovery was made of more than
ordinary importance; which was a forged ingagement of the Lord
Savile's, formerly hinted at, which having the names of many English
Lords and great men, seems to have had greater effects than all the real
invitations." 107 Lord Savile had forged them, and now the Scots had
been disgusted at what they considered the bad faith of their owners.
In 1642 being lessee, like his father, of Cradock's sinecure rectory,
he renewed the dispute with the Fosters, and filed a bill in Durham
Chancery against Richard Poster of Darlington, and others, for non-
payment of tithe in kind from the township of West Hartburn. The
defendants pleaded a composition. For Killinghall the following per-
sons were produced as witnesses : — Magdalen Case of Middleton one
Eawe, widow, aged 53, who spoke to Wm. KilHnghaLL's dispute 22
years before, and that she received the cloke-money and corn at Darling-
ton from Francis Foster for her father-in-law, Rector Case ; William
Case of Middleton one Rowe, yeoman, aged 29, the rector's grandson ;
Francis Killinghall of Middleton George, gent., aged about 63, who had
taken tithe for his father Henry Killinghall, Esq. ; Thomas Killinghall
of Middleton George, gent., aged 44, &c.108 "West Hartburn now pays a
modus only.
During the great rebellion Mr. Killinghall had to pay for his loyalty
in the sum of 4401. as composition for his estates, and died in January
1651-2. "Our good frend Mrs. Hiington and her husband are both
ded, and Mr. John Kilingoul," was the intelligence transmitted on Feb.
19 by Mrs. Basire to her exile husband touching his political compani-
ons. In less than a year after Mr. Killinghall' s death, his widow had
to submit to the ruling powers in the following form : —
I doe declare and promise to be true and faithftill to the Common
Wealth of England as it is now established without a king or house of
lords. — MARGARETT KILLINGHALL.
These are to certify whome it may concerne that Margaret Killinghall
of Midleton George in the county of Durham widdow came before us,
James Clavering, Esq., and John Walton, Esq., Justices assigned to
keepe the publique peace in the county of Durham, at Durham, in the
county aforesaid, the eleaventh day of January, in the yeare of our
Lord One thousand six hundred fifty two ; and did, then and there,
before us, and in our presence, take and subscribe the ingagement above
written according to the Act of this present Parliament in that behalfe
set fourth and provided. In Witnesse, &c., JA : CLAVERINGE [Seal, the
arms of MascaU], JOHN WALTON [Seal, the arms and crest of Danby of
Danby on Yore/] Witnesses, &c., ED : PARKINSON, THOMAS KILLING-
HALL, THOm. MASCALL.109
108 AUan Archives. 107 Echard's England, p. 482. 109 Chaytor Archives.
96 THE TENURES OF MIDDLETON ST. GEORGE,
Cotes worth, who has already passed us as a trustee for the Lambtons,
shared the misfortunes of his friends, for, 1654, the coheiresses were
unjustly kept out of certain lands, the inheritance of William Lambton,
deceased, by reason of the recusancy and delinquency of Ralph Cotes-
worth, who conveyed to William Rickarby. On this occasion there was
an affidavit of Thomas Killinghall ofMiddleton St. George, gent, aged 40.110
WILLIAM KILLINGHALL (1652-94) son and heir of John, was now re-
presentative of the family. In 1673, he married Elizabeth one of the
daughters and coheiresses of Robert Dodsworth, Esq.,111 of Barton, in
Richmondshire, by Margaret daughter of Arthur Hebburne, of Heb-
burne, and through this marriage, and that of his brother
Robert Killinghall with Mary Dodsworth, the other co-
heiress, the whole possessions of the Dodsworths were
eventually brought into the Killinghall family, Thomas
Dodsworth, the only brother of the ladies, dying in 1680,
childless. Mr. Killinghall was concerned in the famous
Fishgarth Riot of 1 Sep. 1681, for which see Surtees's
Durham, iii, p. 203, and the cause of the rioters was ultimately succes-
ful, for on "Dec. 12th, 1682, the fish-garth belonging to Sir Henry
Marwood and Mr. Belkington was pulled down to the halfe water as far
as did concerne the county of Durham. Mr. William Bowes came with
a posse comitatis when it was pulled downe. It was indited as a com-
mon newsance, whereupon a verdict was given and judgment and exe-
cution upon the verdict."113
In 1678, Mr. Killinghall had lost his wife after a marriage of only
six years, and, in 1691, his mother, the coheiress of Lambton, died,
having, on 31 May, 1688, made a will, of which the following portions
may be preserved.
Margaret Killinghall of Middleton St. George, widdow, well stricken
in yeares and somewhat indisposed, but of a sound perfect disposing
mind and memory — soon William Killinghall one little guilt bowle, one
great case of drawers, and my great Cambridge Bible — grandsoon Wil-
liam Killinghall the younger 10?. and one silver tanckard — grand
daughter Margaret Killinghall 10?. and one flowered silver beaker, or
cupp with ears ; and a little silver taster — grandchildren Robert Kil-
linghall and Elizabeth Killinghall, children of my sonn John Killing-
hall late deceased 10?. each — said Robert Killinghall one plaine silver
10 Sworn 1654. Chaytor Archives.
111 A branch from Thornton "Watlass
anor of Barton.
112 Killinghall Rent Accounts. Allan Archives.
111 A branch from Thornton Watlass. The history of his family belongs to the
manor of Barton.
AND SOME ACCOUNT OF THE HOUSE OF KILLINGHALL. 97
tumbler — said Elizabeth Killinghall one silver pottinger, and a small
silver tumbler — daughter Ann Woolridge113 wife of Phillipp Woolridge
gentleman — William Killinghall and Thomas Killinghall soons of my
nephew Thomas Killinghall late deceased114 — rings 20s. each, to my
nephew Sir "William Chaytor Barronet, nephew Mr. Henry Chaytor,
neise Ann Oagle, soon in law Phillipp Woolridge, daughter Ann Wool-
ridge, sooji William Killinghall, daughter in law Mary Pemberton,
Rowland Place of Dinsdale, Esq., Mr. Francis Place — Residue of per-
sonalty to daughter Ann Woolridge — she executor.115
Mr. Killinghall was on good terms with his unfortunate cousin Sir
William Chaytor of Croft, in writing to whom, in 1684, he uses gilt-
edged paper.116 He died in January 1 694-5, u7 having made his will
in June previous.
William Killinghall of Middleton St. George, Esq., 13 June, 1694—
to be buried in my parish church of Middleton — son William Killing-
hall — unkles Mr. Robert Killinghall and Mr. Henry Killinghall — sister
Mrs. Ann Woolrich — daughter Margaret Killinghall 1000?. in six years,
but if she shall refuse to consult with and take the advice of the super-
visors to this will and do undervalue and cast herself away in marriage
with any person against their consent, only 500?. — mother-in-law Mrs.
Margaret Chaytor, Rowland Place, Esq., Lyonell Vane, Esq., Robert
Bowes, Esq., William Pennyman, Esq., Sir William Chaytor, Mr.
Henry Chaytor, uncles Mr. Robert and Henry Killinghall, nephew
Robert Killinghall and neece Elizabeth Killinghall, children of my late
brother John Killinghall, sister Mrs. Mary Pemberton,118 brother Wool-
rich, sister Woolrich, Mr. Raigne the minister of this parish, Mr.
Simon Teale, Captain Arthur Hebborn, Mr. Parcivall Teale, 20s. a
peice for rings — my servant Ann Teale 50?. in gratification for her faith-
full and good services [meretrix ejusfuit, GEO. AILAIT,] and 10?. to buy
mourning cloaths — son William executor — Robert Bowes, Esq., William
Penniman of Normanby, Esq.., Rowland Place, Esq., and Lyonell Vane,
Esq., supervisors.119
WILLIAM KILLINGHALL, Esq., son and heir (1695-1703), soon found
it necessary to put an end to the incumbrances on his Lambton estates,
113 Mrs. Anne Woolrich, an old widow gentlewoman at Darlington, bur. there 4
Nov., 1733 [aged 91].
114 See Appendix B.
115 Copy by Richard Hilton of Darlington, one of the witnesses. Allan Archives.
116 Chaytor Archives. in Surtees.
118 Mary Dodsworth, after John Killinghall's death in 1682, re-married John Pem-
berton of York a year afterwards, and their children by their former spouses also
made a match. This arrangement, which made husband and wife brother and
sister in law, very frequently occurs in old pedigrees.
110 Attested copy. Allan Archives.
98 THE TENURES OF MIDDLETON ST. GEORGE,
which had probably existed from the times of the civil troubles. The
year after he succeeded, there was a sale by his trustees, and a curious
history his steward gives of it.
" Robert Colling of Long-Newton bought all the estate at Haughton
field at 1 20Q£. Note. Mr. Colling would not stand to the bargaine with-
out abatement of 10Z. by reason his money had laid ready some time;
and Mr. Spearman calling in his 1600?., at this juncture [we] were
glad to comply with him and Mr. Ogle, by reason wee could not raise
moneys any other way to pay Mr. Spearman of. He had lent the same
to Mr. Yane [Lyonel Vane, Esq.] for Sir Humphrey Harbort, soe wee
paid it to Mr. Yane for his use as above per Mr. Colling 6421. By Mr.
Robert Hilton his purchase money for Ralph Pincher farme with half
tyth of it and one Mr. Hilton had in the town before 500?. Of Mr.
Ogle's that C. Pinckney received and paid Mr. Yane 300?. Item paid
him by other money had of Mr. Richard Wetherelt and Mr. Francis
Place120 [of York] as account with Mr. Yane 158?. = 1600?.
Mr. Thomas Ogle bought all Mr. Killinghalls moiety of Stainton at
1650?., but bafled him out of 25?. on account of a gentlewoman Mr. Ogle
proposed as a match for Mr. J^illinghall,1^ which if he had married the
purchase was to be 1600?. onely, but [he] was to pay 1625?."
In charging interest against Robert Colling in 1699 for the Haughton
field sale money, "Mr. Killinghall thinks tis very unreasonable he shod
pay interest for his very purchase money and Mr. Colling have the rent
of the land which should have paid it. — And as Mr. Colling made him
abate 10?. for not inakeing out the title to Counsell in the time first fixed
upon, it is very unreasonable he should suffer for the wrightings not
beeing ready to execute at Candlemas when he should have seald and
paid the moneys which had sunck soe much interest to him."
In the account the items are
To the Purchase moneys for Haughton fieild, which by the agreement
between Mr. Killinghalls trustees and Mr. Robt. Hilton of Stockton was
to be paid or interest sunck the second of February 1696-7, in consider-
ation of which the purchaser to have the May day rents next following
1200?. To the interest of that money from the 2d of February 96-7 to
the 12° Aprill 97, 13?. 19s. 5^.=1213?. 19*. 5d.
" The jointured widow long survives." Never was there truer say-
ing in respect of this gentleman's grandmother. The widow of Robert
Bodsworth had been snapped up by a gallant and impoverished loyalist,
Colonel Henry Chaytor, professedly to afford him the very means of
subsistence.122 "The burial of my noble friend Collonel Chaytor, was
120 The celebrated painter and engraver. See Sykes' Loc. Rec,, sub 1728,
ffil He never married.
522 Charter Archives
AND SOME ACCOUNT OF THE HOUSE OF KILLINGHALL, 99
the 25th Oct., 1664." 123 His widow was then three score and five
years old. Thirty five years have passed, trouble after trouble has
reduced the Chaytors to something near akin to beggary — literal beg-
gary as to the head of the house, the poor Baronet of the Fleet prison14
— and here, in 1699, Margaret Chaytor of Barton, widow, is still entitled
to 90£. per annum out of Croft estate. There were great arrears, as
well there might be, and William Killinghall of Barton had advanced to
her 401. He is her descendant, and the Chaytors have no privity of
blood, yet for the love she bears to the old baronet's spendthrift sons,
she agrees to take 301. per annum only, "William Killinghall' s score is
to be cleared oif by 41. per annum for four years, and the remainder of
the 90Z. is parcelled out among the young Chaytors and their sister
Anne.123 The old lady will outlive that grandson Killinghall, for he
breaks his leg by falling down stairs in the Manor House at Barton,
and his death is the result about New-year's day, 1702-3. On 25 Sep-
tember, 1703, the veteran of three centuries (she was born about 1598)
thinks she must make her will, but she can only sign it with three
strokes, though in " health of body and of sound, good, and perfect me-
mory." It belongs to the history of the Dodsworths, and it is sufficient
to say here, that among her bequests to her granddaughter Elizabeth
Killinghall (afterwards Pemberton), she leaves " her bed wherein her
dear grandson William Killinghall, Esq., deceased, did formerly lie,"
and to her residuary legatee, " her dearly beloved grandchild Margaret
Killinghall, in tender consideration of the love and respect she bore
unto her and of 7/. which she borrowed and did owe her, the bed in
her own chamber whereon she now laid." She died 24 Feb., 1703-4,
aged 105.
MARGARET KILLINGHALL (1703-1706), sister and solo heir of William,
on 22 Nov., 1704, made her will.
Margarett Killinghall of Barton co. Yorke spinster — I do entirely
and sincerly submitt my selfe, soul and body, and all that I have, to the
gracious providence of Almighty God ; not doubting but, when he shall
call me out of this mortall and sinfull state to appear before him in his
glory, he will mercifully receive my soul, and accept of that ransom
which my blessed Savior Jesus Christ hath paid as a propitiacion for
183 St. Cuthbert's, Barton, Par. Register.
124 He was continually pawning an old ancestral ring of considerable value, which
he calls "old Clervaux." But his troubles form a long and curious subject, and
must not be disturbed piecemeal-
J25 Chaytor Archives.
100 THE TENURES OF MIDDLETON ST. GEORGE,
my sins, in whose meritts entirely I confide, having been educated and
bred up in that and other articles of faith professed in the Church of
England, in whose communion I have lived, and hope, by the mercy
and favor of Almighty God, to do — property at Middleton St. George,
Trafford Hill, and Dinsdale to couzen Robert Killinghall of Middleton
St. George as by former deed — rem., being desirous that all my heredi-
taments shall remain and be in the name or blood of the Killinghalls so
long as it shall please God to continue the same, to cozen William Kil-
linghall of Holy Island and heirs male — rem. to Thomas Killing-
hall,125 my cozen, brother of the said William Killinghall and heirs
male — rem. to my right heirs. — [the Manner of Barton alias Barton
Graing with same remainders, but in the case of llobert Killinghall
only they are enlarged to his daughters as tenants in common]. — To
Elizabeth wife of Wm. Pemberton of New Castle upon Tine Gent. 20?.
p. ann. — aunt Mary Pemberton — her three sons John, Thomas, and
Francis — children126 of my uncle Henry Killinghall — 20Z. to poor of
Barton, same to poor of Middleton St. George — unto my kind friend
Mr. Christopher Pinckney of Eriholme co. Yorke Gent, in considera-
cion of his great kindness and service done to me and my family 20?.,
to be by him laid out in a piece of plate with my late brother's coat of
armes to be engraven thereupon — to the said Elizabeth Pemberton
linnen in the closett at Barton and the large silver tanckerd which was
my grandmothers Chaytors and also two silver porringers — to my aunt
Woolridge the silver caudlecup which she gave me — residue to my said
cozen Robert — he sole executor.
KillingJiall quartering \
Lamlton. Crest, the ram's >
head of Lanibton. }
This will was useless, for on the 5th May following the worthy spin-
ster entered into marriage settlements with Cuthbert Pepper, Esq., of
Moulton, and was buried exactly ten months afterwards, 5 March,
1705-6, dying, in all probability, in child-birth.
ROBERT KILLINGHALL, Esq., son
and heir of John Killinghall, bro-
ther of William Killinghall, father
of Mrs. Pepper, succeeded.128 —
(1706-1758.) Engravings of the
seal used by him, and the crest
uponhis plate, both already referred
125 See Appendix B.
120 Probably females, as the Holy Island cousins are preferred as inheritors of the
estate. m Allan Archives. Original.
128 Add to Surtees :— "born 30 May (Family Bible) : bap. 8 June, 1682, at Hur-
worth." In 1717, his cousin Henry Chaytor, Esq., by a will which was a firebrand
in his family, makes him a trustee), and leaves him 20£. and a young grey mare.
Mrs. "Woolrich was a witness to support the will.
AND SOME ACCOUNT OF THE HOUSE OF KILLINGI1ALL. 101
to, are presented by Mr. Allan. By his first wife Jane, daughter of
George Allan of Darlington, Esq., he had issue.
JOHN KILLINGHALL, Esq,, ultimus suorum, who died 20 June, 1762,
aged 35, unmarried, The funeral ceremonies of the last heir male of
his ancient house cannot be uninteresting.
JOHN KTLLINGHALL, Esoji., FUNERAL, Saturday, 26 June 1762, one o'clock.
ORDER OF FUNERAL.
Boom with corps. Mutes with cloaks, hatbands [gloves] and staves.
Half an hour past ten. John Dunn, John Bell.
To stand at Mrs. Eden's door. Half an hour past ten. Mutes with
cloaks, hatbands [gloves] and staves. Jonathan Bellanby,129 Thomas
Hobson.
To stand at Posthouse door. Mutes with cloaks, hatbands [gloves]
and staves. Half an hour past ten. Bichard Beah, John Bymer.
To shew mourners, gentlemen with scarfs, and tenants, to the Post-
house to dine there, as named in the list, 11 o'clock. Bichard Bland.
To shew Darlington gentlemen with scarfs to Mrs. Eden's house,
Yellow Boom, one o'clock, as named in the list. Francis Wilson,
clerk.
Darlington other people to be shewn into Mrs. Eden's house as long
as there's room. Then to be shewn to Mr. Bichard Bland and Mr.
Cloudsley's houses. Erancis Wilson.
Company : Mrs. Eden's house. To serve round with a glass of white
wine first. Then a glass of red. Erancis Hunt, Edward Dunning.
Company: Mr. Bichardson's, Bichard Bland' s, Mr, Cloudsley's, Mrs.
Shepherd's houses. To serve round with a glass of white wine first.
Then a glass of red. Mrs. Killinghall's servant, William Morgan.
Tenants : Posthouse : Isaac Bobinson's room. To serve tenants and
gentlemen's servants with a glass of white wine first. Then a glass of
red. Mrs. Killinghall's servant, William Morgan.
Tenants' hatbands and gloves to be delivered as directed by list. Mrs.
Greenhow's man.
Hatbands and gloves to be given to gentlemen's servants as they come.
Mrs. Greenhow's man.
To give Mr. Allan notice when all are served and ready to move.
Erancis Hunt, John Boys, Edward Dunning, Mrs. Killinghall's servant,
William Morgan.
Mourners to go on notice from Posthouse to Mrs. Eden's parlour and
there put on cloaks.
Corps put in the Hearse.
Coachman, Hearse; John Joyrden; Mrs. Eden's George; Mr. Boys'
post-boy— All to be ready with cloaks on at Mrs. Eden's door exactly at
2 o'clock. Mrs. Greenhow's man.
129 In another list Bellanby and Beah are transposed in their localities.
102 THE TENURES OF MIDDLETON ST. GEORGE,
Four mutes with staves, 2 and 2. To be ready mounted on horse-
back to go before the hearse before the corps are brought out. Mrs.
Greenhow's man.
Tenants all to be mounted on horseback, before the corps are brought
out, and to be ready to go off before the mutes 2 and 2. Mrs. Green-
how's man.
Tenants go first, 2 and 2. [Barton tenants, hatbands and gloves.
Tho. Lax, James Dunn, Andrew Armstrong, James Forster, Thomas
Watson, Thomas Marshall. — Middleton Tenants. Robert Kay, John
Wright, Thomas Wilkinson, John E-oantree, Thomas Mitchinson, John
Robson, Christopher Jackson, Christopher Richardson (scarf). — Yarm
Tenants. Mr. Waldie, George Merry wether, Richard Ellis, Michael
Welsh, Roger Shepherd at Maltby near Yarm.]
Mutes follow, 2 and 2. [Hatbands and gloves.]
[To ride before the corps with cloaks. Francis Hunt, Edward Dun-
ning, William Morgan, Ralph Wilson, hatbands and gloves.130
Hearse [coachman, hearse, hatband and gloves, postilion the same].
Mourners' coaches.
Miss Allan's coach [John Joyrden, hatband and gloves.] — Mrs.
Eden's chaise [Mrs. Eden's George, hatband and gloves.] — Miss Allan's
chaise [John Boys, postboy, hatband and gloves].
Bearers, 2 and 2.
Gentlemen with scarfs, 2 and 2. [Darlington scarfs; Dr. Trotter,
Mr. Rudd, Mr. Thomas Lee, Mr. Holmes, Hen. Ornsby, Capt. Clement,
Mr. Francis Lowson, Mr. Cloudsley, Mr. Robson, Mr. John Boyes
(house used), Mr. Truman, Dr. Laidman, Dr. Turner, Mr. Plewes,
Francis Wilson, clerk (invited), Mr. Thirkeld, Mr. Wood (parson),
Richard Bland (invited company), Mr. Richard Richardson (house
used). Other places, scarfs; Mr. Hodgson, Fieldhouse; Mr. John
Mewburn, Mr. Harrison, Blackwell ; Mr. Simpson, Richmond ; Mr.
Hartley, Middleton Tyas ; Mr. Colling, Mr. Harrison, Hurworth ; Mr.
Ward, Mr. Addison, Dindsdale ; Mr. Cowper, S.H.G., Mr. Richardson,
tenant, Mr. Stephenson, Middleton; Dr. Kirton, Mr. Isaac Sparke,
Mr. Thomas Newsham, Mr. Appleton, Mr. Michael Robinson, Mr.
Hppkinson, Yarm ; Mr. Hardcastle, Haughton ; Mr. Mewburn, Croft ;
Richard Ellis, tenant, Yarm; Mr. William Newsham, Yarm.]
All other persons to follow. [Middleton Parish out houses ; gloves
sent to Middleton;— Mr. Wrightson; Wm. Smith; Tho. Wilkinson ;
Wm. Stonehouse ; Wm. lanson ; Jonathan Garbut ; Robert Todd ;
Matt. Middleton, B. ; George Middleton ; Wm. Middleton ; John
Ware ; Michael Sadler ; Nicholas Salvin ; Silvanus Arrowsmith ; John
Pincher, Junr., B. ; James Cooke ; John Wright, B. — Hiddleton-one-
Row ;— Robert Pearson; Edward Walker ; Wm. Bamlet; John Ditch-
burn ; Isaac Garbut; Matt. Graham, B. ; Nicholas Gascoigne ; John
Pincher, clerk; Tho. Oliver; Peter Douglas; Martin Cock; John
130 Mrs. Killinghall's servant follows in the list of hatbands and gloves, hut the
mark of delivery is wanting, and he is not bracketed into the number to ride. Yet
perhaps he did so, as he was with the rest in giving Mr. Allan notice of readiness to
move.
AND SOME ACCOUNT OF THE HOUSE OF KILLINGHALL. 103
Christillow ; Ralph Wright, B. ; Edward Wright, B. ; James Carter ;
George Addison, B. ; "William Allan, B. ; William Kirk ; Wm. Smith,
miller. — Darlington List. Edw. Colling ; John Appleby ; Mr. Wright ;
Dr. Trotter's servant (hatband) ; Mr. Morland ; Mr. Burrell ; Michael
Colling ; Mr. Curry ; Mr- Darnton ; Mr. Sober ; Mr. Rudd's appren-
tice j Mr. Kirton ; Mr. Angle j Henry Watson ; Mr. Richardson, re-
turned, quaker ; Mr. Thorne ; Mr. Lax ; Mr. William Dent ; Mr. Reed ;
Mr. Stobbs, Old Hall j John Wilson ; Mr. Wharton ; Joseph Cunning-
ham ; Tho. Robinson ; Mr. Wakefield, returned, quaker ; Mr. Coates ;
Mr. Daniel ; Mr. Maddeson ; Mr. Kendry ; Mr. Grundy ; Thomas Stel-
ling j Thomas Hedley ; Isaac Linsley, returned, quaker ; Thomas Col-
ling ; James Manners ; Richard Booth ; John Hayton ; Hen. Wright ;
Wm. Moor; George Mempress; Mr. Hedley, returned, quaker; Mr.
Backhouse, ditto; Mr. Philips, ditto; Mr. Hall; Isaac Atkinson;131
Richard Lee ; Mr. John Clement ; Mr. Wastell ; Mr. Stobbs ; Mr. Edw.
Lowson 132 ; Mr. Era. Lowson, his clerk, Peter Collier ; Richard Preston,
sexton; Geo.Chrisop; Mr. Terry; Phil. Carter; John Norton; Robert
Dunn ; Robert Ward; Mr. Page; Hump Thompson; Mr. Aire; Wm.Stel-
ling ; Ed. Pease, returned, quaker ; Christopher Wardale ; Isaac Rob-
inson ; Mr. Parkin ; Mr. Wilson ; Mr. Litster ; Mr. Pease ; Mr. Thorn-
hill, not well, returned ; Mr. Pratt ; George Shaw ; Mr. Greenhow's
man ; Mr. Forster ; Mr. Ogden ; William Trace ; Mr. Granger ; Mr.
Ridsdale; Geo. Bainbridge; Mr. Stowell; Mr. Steadman; Francis
Boyes; Tho. Stalling; Tho. Robson; Rob. Luck; John Coarson; — Hal-
lowell ; Mr. Duperoy ; Thos. Johnson ; John Greathead ; Mr. Tunstall ;
George Appleton; Nicholas Cooke ; William English. — Darlingtori, Women.
Gloves Mrs. Chipsis; Mrs. Hilton; Mrs. York; Mrs. Plummer; Mrs.
Newby; Mrs. Shepherd; Mrs. Hall; Mrs. Stephenson ; Mrs. Maulev-
ererj Mrs. Bowes; Miss Smart; Mrs. Noble; Mrs Shepherd; Miss
Madgson; Mrs. Allinson ; Miss Brockett; Mrs. Greenhow ; Mrs. Hall;
Mrs. Mary Plewes ; Ann Hedley ; — Lonsdale ; Sarah Santas ; Mrs.
Parkinson ; Mrs. Cade, Greentree ; Bechy Dobson ; Mrs. Proctor ; Cordy
Dickinson ; John Wright's wife, tenant at Middleton ; Citty Richard-
son's wife ; John Allinson, Yarm ; Margery Wood ; Alice Adamson.~|
Corps to be set down on the thistles standing in the field before church-
yard.
Under bearers to take up corps, shoulder height.
Bearers in order to take hold of pall and walk forward to church.
Left hand bearer. Right hand bearer.
Scarf upon right shoulder. Scarf on left shoulder.
Mr. Holmes '98 "WW -^r- Bendlowes
Mr. Eden <£9£1 Mr. Bland
Mr. Witham 'aunf OS ^™10 ^r- Farmer
Mr. Arderne -bsg; nBTt^n!ITT3[ nW -^r- Chaytor
131 No mark of delivery. 13a No mark of delivery,
104
THE TENURES OF MIDDLETON ST. GEORGE,
Mourners.
Left hand. Eight hand.
Francis Pemberton John Pemberton
Sober Allan John Allan
James Allan, Junr. James Allan
Leonard Eobinson Robert Allan
To give dole, 6d. and 3d. Henry Ornsby, Mr. Christopher Eichardson.
Eings. 8 bearers, 8 mourners, Dr. Trotter, Mr. Eudd, Mr. Cowper,
Mr. Wood, Mrs. Brown, Mrs, Pinckney, Miss Allan, Mrs. Eden.
WILLIAM PEMBERTON, grandson of Elizabeth the aunt of John Kil-
linghall and devisee (1762-1778) married Winifred
Cocks of Plymouth, and his son and heir WILLIAM
PEMBEBTON, Esq. (1778-1801) devised the manor to
his maternal aunts, to the prejudice of his cousin and
heir-at-law, George Allan, Esq., M.P., who, with a
view to invalidate the will, had a trial at law at the
Durham Assizes in 1806, when a verdict passed in
favor of the parties claiming under the will, and the Cocks family have
since remained in the undisturbed enjoyment of the estate.133
The representation of Killinghall, however, vested in the descend-
ants of James Allan, Esq., of Blackwell Grange, by Elizabeth Pem-
berton, the only daughter of John Killinghall's aunt
who left issue, and through a devise from the latter
gentleman to his maternal aunt Hannah Eden (for-
merly Allan) the manors of Barton eventually fol-
lowed the blood of their ancient owners, and are now
vested in Eobert Henry Allan, Esq., of Blackwell
Hall, High Sheriif of the county of Durham in 1851,
and chief of the House of Allan, who quarters the shields given in
this article.
133 Hist, of Darlington.
AND SOME ACCOUNT OF THE HOUSE OF KILLINGHALL. 105
APPENDIX A.
KILLING HA.LL OP BEBWICK AND LONDON.
THE following descent from Ralph Killinghall, brother to Henry Kil-
linghall, stands in the Harl. MS., 1540, p. 163, as given in italics.
Some Berwick Registers are applied in ordinary type.
RALPH KILLINGHALL, Captain of the Garrison of Berwick, married
Dorothy and had issue
Mary, bur. 25 Aug., 1578.
Henry, bur 22 Jan., 1589.
Elizabeth, bap. 26 Ap., 1591, bur. 3 Feb. 1604.
Joseph, bap. 8 Dec., 1594.
Eobert, bap. 10 Aug., 1596.
Phillis, bur. 15 Dec., 1596.
His wife Dorothy was bur. 10 Sep., 1596. He married secondly,
Isabel daughter of Thomas Manners of CheswicL1 [Ralph Killinghall
and Esabel Ogle were married 13 Oct., 1597.] and ly her had issue
? Elenor, bur. 26 Sep., 1599 [perhaps of the former marriage].
RALPH, bap. 30 May, 1599, of whom below.
Margery, bap. 19 May, 1-601.
George, bap. Dec., 1603, bur. 26 Feb., 1608, died without issue.
Elizabeth, bap. 30 March, 1609, bur. 18 May, 1609, died without issue.
[Perhaps the MS. refers to a third Elizabeth.]
Isabella Killinghall, widow, was buried 5 Nov., 1642.
RALPH KILLINGHALL of London, married Elizabeth daughter of Myles
Preseott of Hackney, co. Middlesex, and ly her had issue
? Elizabeth, daughter of Ralph, bap. 25 Nov., 1639, at Berwick.
1. Ralph, died young.
2. John.
3. Frances, died young.
1 The marriage occurs in Mundy's pedigree of Manners. Her mother was
Margaret eldest daughter of Sir Henry Orde of Orde. She seems to have been pre-
viously married to an Ogle.
106 THE TENURES OF MIDDLETON ST. GEORGE, &c.
APPENDIX B.
KILLINGHALL OF HOLY ISLAND.
This branch appears to stand thus :
William Killinghall, of Middleton St. George, Esq., bur. 1644.=pSusan Moore.
John Killinghall, Thomas Killinghall, bap. at Sockbnrn 21 July, 1607 ; of London ; men-=j=
of Middleton St. tioned in his father's will 1642. Qu. Thomas Killinghall of Middleton living
George, buried St. George, gent., aged 40, 1654. Thomas Killine;hall bur. 24 June, 1642.
1651. yf, 1663, at Middleton.
1. Thomas Killinghall, eldest son, mentioned by his =5= Qu. " Mrs Mary Kiliinghall 2. William,
grandfather. 1642. " Master Thomas Killinghall of Middletonin Yorkshire,"
bur. I Aug. 1682," at Holy Island; mentioned by
Mrs. Margaret Killinghall as late deceased, 1688.
bur. 3 June, 1688, at Holy
Island.
William Killinghall, mentioned by Mrs. Margaret Killing- Thomas, mentioned 1688; of=^=
hall, 1688; of Holy Island 1704, when he was put in Holy Island, yeoman, 1697 ; in j
remainder to the Middleton estate by his second cousin remainder to his brother Wil-
Margaret. Ham 1704.
l ______ _____i — _____ — ____________ _____ ,., . J
Thomas Killinghall, apprenticed to John Morresby of Newcastle-upon-Tyne, barber-chirurgeon.
21 Oct. 1697. On 11 July, 1699, he chose to serve out the remainder of histimewith John Raine.
He does not appear to have been made free.
W. HYLTON DYER LONGSTAFFE, F.S.A.
Gateshead.
107
BISHOP BEE'S CHARTER OF LANDS AT NETTLESWORTH.
THE interesting charter which is given below, is from the muniments of
title relating to the manor of Nettlesworth, and is the carving out from
the demesne of the see of a considerable estate of new freehold in the
county of Durham, in 1308. Tn 1378, John Gategang died seized of
the manor of Nettlesworth, held by homage, fealty, and 26s. Sd. Ex-
chequer rent. In Hatfield's Survey Master John de Hagthorp appears
among the free tenants of Framwelgate as holding the manor of
Nettilwortb and 41 acres of land, late Master William de Lambeton's,
by foreign service and the rent of 27*. Among the Exchequer lands of
Framwellgate we find him holding an acre of land, formerly Simon
Stelley's, and afterwards the Master of Sherburn's, and the 27 acres
and 1 rood in Holyside, comprised in the following charter, (the same
master of Sherburn occuring as successor to James Spicer) by the rent
of 26s. Sd. He also held 3 acres extra portam de Nettilworth, by
2s. 4d., and a toft and 35 acres of land called Bararce by 17s. 6d. The
Hagthorpes held the manor estate until 1607, when they sold it to the
Conyers family of Horden. In 1 769, the co-heiresses of Sir Baldwin
Conyers alienated to Henry Askew, Esq., of Redheugh, and the estate
remains in his family, to whose kindness the Society is indebted for
this valuable communication to the territorial history of the Palatinate.
Antonius, permissione divina sanctas lerosolomitanaB Ecclesiae Patri-
archa, et Episcopus Dunolm', &c. — Dilecto et fideli nostro Jacobo le
Spicer de Dunolm', novem acras et dimidiam terree juxta parcum de
Beaurepaire : Item, quatuordecim acras terrse juxta le Nunneker : Item,
octo acras et dimidiam, et dimidiam rodam terree juxta Surmilkeden :x
Item, viginti septem acras unam rodam et dimidiam terrse in Holleyside
juxta Nettelworth : Et in Nettelworth duas acras terree quse fuerunt
Johannis Madur : Item, sexdecim acras et tres rodas terraB in Whiteley
"Wode qua3 fuerunt Gilberti de Overindon : Item, decem acras terrae in
le Greneker : et dimidiam acram prati in Surmilkeden. Habend', &c.,
Jacobo et heredibus suis, de nobis et successoribus nostris Episcopis
Dunolm' imperpetuum. Reddendo, &c., ad scaccarium nostrum Dunolm'
1 Souremylkden is mentioned in Hatfield's Survey under Framwellgate, 16 acres
near it were waste land.
1 08 BISHOP BEK'S CHARTER OF LANDS AT NETTLESWORTH.
sexagiata unum solidos et quatuor denarios, ad quatuor anni terminos
in episcopatu nostro Dunolm' generaliter constitutos. Yolentes et con-
cedentes eidem Jacobo quod ipse et heredes sui habeant communam
pasturae in omnibus boscis et pasturis nostris de Cestria et circa Dunolm',
ubi alii tenentes nostri de Cestria et de Framwellegate communeant.2
Salvis nobis et successoribus nostris predictis approwamentis nostris in
vastis nostris ubicunque ad voluntatem nostram faciendis. In cujus,
&c. Hiis testibus, Domino Stephano de Maulay Archidiacono Clive-
land, tune senescallo nostro Dunolm' ; Roberto de Hilton, Bicardo
Marmeduk, Thoma de Whiteworth, militibus; Domino Rogero de
Waltham cauonico London, cancellario nostro ; Magistris Johanne de
Insula, Johanne de Botheby et Domino Roberto de Littelbiry receptore
nostro Dunolm', clericis nostris ; Johanne Schirlok, Ricardo de Stanlawe
tune vicecoraite nostro Dunolm', Petro de Bolton et aliis. Dat. apud
Aukeland nono die mensis Februarii, Anno Domini Millesimo Trecen-
tesimo Octavo, Patriarchatus nostri tertio, et consecrationis nostrse
vicesimo sexto.3 — In dorso, in manu recentiori. — Hollysyde alias Grene-
syd et 2 acras terrse in Nettlesworth.
- Sic. — C'onimnnio, are, is the verb given in the Law-Latin Dictionary from Ras-
tall's Entries, 539.
3 The seal is sewn up, and is a mass of fragments.
109
LUMLEY LETTERS.1
RICHAED LUMLEY, EAEL OF SCAEBEOUGH, 2 TO ME. RALPH GOWLAND.
I HAVE receaved yours of the 18, of the 21, and of the 26 of the last. lam
very sorry to heare that Mr. Henry Liddle did not advise with you, but Sir
Henry told me he did with Mr. Barnes. Pray let Mr. Tempest3 know that
commend his charity in the supporting the Mayor of Hartlepole, but
that he must not expect to see my title* tel he forces me to it, and pray
take all just methodes for the gitting of what is due to me. Lord
Lumley5 gives you many thanks for your kind enquirey after his health,
and his brother6 is your sarvant. Lord Lumley, the night after the
battell,7 was commanded out of his bed to assist at the buriall of the
dead bodies, where he got a violent feaver, which turned to a quarterne
ague, but I hope the by the care of Doctor Garth,8 whoe is his phycitian,
he will have noe more of it,9 excuse my not writing to you souner. I
have labored under severall troubles sence I saw you, and I doe hartily
condole yours, for I am most sencerely yours and your families sarvant.
SCAEBEOUGH. December 1, 1709. Por Mr. Ralph Gowland, Attorney,
at his house in Durham, Durham. Frank, SCAEBEOUGH.
1 Communicated by Mr. Trueman of Durham.
2 Surtees characterizes Mm as "one of the most honourable and unimpeached
characters of the age." Although he had but lately withdrawn himself from the
Roman church, he marched his Sussex militia for James II. against the western in-
surrection, sent forth his parties in every direction to secure Monmouth after his
flight, and shared with Portman the duty of watching him day and night until he
was within the walls of Whitehall. Notwithstanding this eminent service he found
himself abhorred by the court as a renegade, and, when the sins and stupidity of the
house of Stuart had reached their climax, he openly countenanced the seven* bishops
on their trial, and was one of the seven men who signed the invitation to "William.
He seized Newcastle, where he was welcomed with transport; argued powerfully
for the vacancy of the throne, and the settlement on the Prince and Princess of
Orange ; attended "William in all his campaigns; and died in 1721, full of honours.
He was Lord Lieutenant and Vice Admiral of both Durham and Northumberland,
and the last of his race who bore such offices, or had much connection with Durham.
3 John Tempest, Esq., was Mayor of Hartlepool that year.
4 The Earl was lord of Hart and Hartness.
5 Henry Lord Viscount Lumley, who died in his father's lifetime.
6 Bichard, afterwards Earl.
7 Qu. That of Blaregnies or Malplaquet, won by Marlborough in September.
8 The great Sir Samuel.
9 Lord Henry died of the small pox 24 July, 1710, seven months after the date of
the letter.
110 LUMLEY LETTERS.
MR. THOMAS MADDISON TO ME. GOWIAND.
Dear Sir, When I saw you at Lumley Castle, you proposed answer-
ing Mr. Airey's letter next day, but have heard nothing from you since.
When these unhappy troubles begun in the north, I thought it im-
proper to make any inquirys, for I presumed as little business went
forward with you as with us. But as we have troops with us, and
more coming, we begin to be easy, and I hope we shall have a good
account of those rebellious desperate wretches. The term beginning to-
morrow, I beg your advice what is to be done &c. I am with respects
to you and the family, Sir, your obliged and humble servant, THO :
MADDISON, Newcastle, Oct. 21, 1745. — As to news, we have none from
Edinburgh. The rebels are still there, and according to what I have
heard, above 10,000 fighting men. A letter from Berwick last night,
says Lord Lowdon is at the head of 6000 well affected clans. Only
General Howard's Eegiment, which is thin, is landed at Shields ; about
seven more transports are at the Bar, the rest expected soon, they
seperated last Fry day in thick weather. Howard's Kegiment are the
old Buffs, and came here yesterday from Shields. One of them taking
a piece of candle to bed with [him] last night, the landlord refused his
having it, which the soldier still kepd. Upon this, the landlord made
complaint to three Dutch soldiers,10 who came down from their cham-
ber, and cut him desperately with their swords. The landlord is sent
to Newgate, and the Dutch soldiers to the guard. — \_In dorso~] Tran-
sports at the Bar only five. — To Mr. Gowland, in Durham.
THE HON. JAMES LUMLEY" TO MR. GOWLAND,
October 19, 1761. Sir, I received the favour of your letter, and am
mightily oblidged to you for the trouble I gave you some time past above
the river Were, but it would not answer, and should be a great loser by
it, which made me drop it. I hope you will get your election. My
compliments to Mrs. Gowland. This is from, Sir, Your most humble
servant, JAMES LTJMLET.
10 "Whitehall, Oct. 28. All the troops expected from Flanders were arrived at
Newcastle, Berwick, and Holy Island.
11 Another son of the writer of the last letter. He held some court appointments.
His sister, Lady Mary, married George Montagu, afterwards Earl of Halifax, to
whom, in 1745, Horace "Walpole writes : — " Your friend Jemmy Lumley, — I beg
pardon, I meant your kin, is not he ? I am sure he is not your friend ; — well, he
has had an assembly, and he would write all the cards himself, and every one of
them was to desire he's company and she's company, with other pieces of curious
orthography,"
Ill
BEPOBT ON THE PITMEN'S STlilKE AT NEWBOTTLE
IN 1734.1
To the Queen's most excellent Majesty, Guardian of the realm of
Great Britain.
MAY IT PLEASE TOUB MAJESTY. In humble obedience to .His Majestie's
commands, I have considered the petition of John Nesham, of Sunder-
land, near the sea, gent.,2 which sets forth that the petitioner, together
with John Hilton of Hilton Castle, Esquire, being lessees of a colliery
at Newbottle, did, in July, 1 733, hire several colliers or pitmen, who
continued to work therein untill February following. On the 13th day
of that month about 100 of the paid pitmen assembled at the colliery in
a riotous manner, and threatned to destroy it, and that they would not suffer
any man to work there, and beat and abused the persons then at work,
and threatned to pull down the fire engines and the petitioner's dwel-
ling house, and declared with horrid oaths they would murder the
petitioner. Petitioner being informed thereof, sent his agents to ex-
postulate, and to know the reason of such behaviour, and was informed
that the pitmen demanded one guinea per man to be paid them, or they
would put their threats in execution. The pitmen continuing their
proceedings untill the 27th, the petitioner, with three or four persons,
went to the colliery to appease them. He found near 300 persons with
great clubbs, amongst whom was John Grey, then of Lumley. As
soon as they saw him, a great number of them threw of their cloths and
violently assaulted him and the persons with him without provoca-
tion. Petitioner spoke in a mild manner, intreating them to declare
the reason of their being so disorderly, promising that if any of them
had been injured he would do all in his power to redress them ; not-
withstanding which they grew more outrageous, and assaulted and al-
most killed several of those who came with him, and endeavoured to
knock petitioner of his horse. Grey struck several times at petitioner
and his company, who endeavoured to defend themselves, and in the
scuffle Grey received a wound of which he after dyed, but by whom the
wound was given is not known. Petitioner hoped his Majesty would
1 This document is given in the words of the original, but is abridged. It is com-
municated by Mr. Trueman.
2 He stands at the head of the pedigree of Nesham of Houghton-le- Spring. Born
1691. (Qu, John, son of Mr. Robert Neasham, of Chester-le- Street, bap. there,
5 Sep., 1693.) He mar. Jane Finkney, of Blackwell, and died in 1769. " Hilton
and Nesham' s" staith, on the south side of the river Wear, is shown on the en-
graved plan of 1737-
112 REPORT ON THE PITMEN'S STRIKE
be pleased to grant his most gracious pardon to the petitioner of the
offence, and of all penalties and forfeitures by reason of the same.
Edmund Bourn by his affidavit sweares that on 6th Feb., the pitmen
began to mutiny and desist from working, and assembled in great
bodies after a very disorderly manner, and continued so for several days,
threatning to pull down the engine and drown the colliery. On 26
Feb., deponent was present when petitioner told Tho. Bartram and
John Maddison, keelmen employed by petitioner, to go to the engine
next day, and stay in the enginehouse to defend the same, but not to
meddle with any of the pitmen unless in necessary defence. On 27
Feb. deponent went to the house of Samuel Anderson and got four guns
to defend the engine, which Anderson advised deponent to send in a
ballast waggon and not on horseback, lest the pitmen should see them
and take them. "Went to the engine with the guns and lodged there to
defend the same. Had not been long there till he observed a great number
of pitmen following petitioner, and striking at him with great clubbs
and staves, and ready to knock him from his horse. Saw Mr. Dean,
who was with petitioner, coming from among the pitmen sore beaten,
and with several wounds in his head, and all blood. Then the pitmen
making towards the engine in a great body and furious manner, depo-
nent made off with all speed.3 As he was going he heard several pit-
men threaten they would murder him and also the petitioner if they
could meet with them. Heard them curse and sweare that petitioner
might thank God he had a good horse to carry him of, otherwise he
should not have escaped with his life, for that they would have beat him
to death.
Joseph Bolt on. On 27 Feb., as he was going with Mr. Dean, Mr.
Hobson, Mr. Eoper, and others, from Hobson's house towards the
engine, to prevent it from being pulled down, they met with petitioner
and one or persons with him near a gate, leading to one of the pits of
the colliery. There were hundreds of men and women, and many of
them threatning that if they got hold of petitioner they would tear him
liinb from limb. Petitioner rode towards them and asked them what
reason they had to lay off the works, and being answered they wanted
their right, he replyed, that if they were imposed upon they should be
righted, and desired them to desperse, whereupon they began to
be very abusive. Petitioner desired the king's proclamation might
be read to keep the peace, but the pitmen swore it should not,
and immediately fell upon deponent, Mr. Deane, and the petitioner,
with their clubbs and staves, and then knocked down deponent
before he heard any arms fired or discharged, and afterwards several
of the pitmen took him by the head and heels and carried him
to a pitt's mouth, and swore they would throw him down, but
some of the women perswaded them from it. They then began
again to beat him. Got upon his feet, and in a weak condition
made towards Hobson's house. The pitmen beat him all the way
thither. A little time after a great number of them came to the house,
and bid the people turn deponent out or they would pull down the
house, and did break the windows and went away, but about an hour
3 Bartram and Maddison depose that they ran also,
AT NEWBOTTLE, IN 1734. 113
afterwards returned in a greater body, and swore they would* murder
him, and that if the people in the house did not turn him out some of
them should dye in his room. "Was forced to come down stairs where
he had been hid to avoid their fury, and was struck at through the
windows which they had broke. Begging in the most submissive man-
ner, they did at last agree to spare his life. Grey was very active
amongst the pitmen. No arms were fired untill the pitmen had several
times struck at petitioner and Mr. Dean, and knocked deponent down,
and no assault was made or violence offered by petitioner, or any per-
son with him, before that time.
John Potter, being employed by petitioner and his partner, to take
care of their engine and keep it in repair, went on 7 Feb. and found it
stopped by the pitmen, who, in number about 100, threatned to murder
him and pull down the engine if he set her to work again. Two or
three days afterwards went again to set her to work, but was opposed
by about 100 pitmen, who forced him to get speedily away, and told
him that when petitioner came from London they would tear him limb
from limb. A few days afterward they consented that deponent might
set her to work, which he did, and as he has been going to and from the
engine, as well before as after the 27 Feb., he frequently heard them
swear to murder petitioner and destroy the fire engine if he did not
agree with their terms. Several times during the mutinying was present
when the corves were gaged by, or in the presence of, the pitmen's
friends, and the same, one with another, were no bigger that they were
agreed to be. If the pitmen had destroyed the engine, the colliery must
have been drowned.
MatJiew Hobson. On 14 Feb. deponent, as viewer to petitioner, had
prevailed with five of the pitmen to work in the colliery at Southeron's
pitt. One hundred persons or thereabouts went to the pitt, set the gin
a main, threw the pitt ropes down the pitt, and broke the gin, and
would not suffer the pitmen in the pitt to be drawn out for several
hours after the usual time of leaving work, and swore that if they had
them above ground they would beat them to death, for working there
without their leave. Deponent at length thinking he had appeased their
anger, desired he might draw them above ground, which he caused to
be done, when several of the riotous persons fell upon the workmen and
beat them violently. They run away, and thereby escaped further
damage. They hindered other workmen from sinking in another pitt,
and threatned to pull up the waggon way, destroy the fire engine,
drown the colliery, and demolish the petitioner's dwelling house at
Houghton. Petitioner was at London. On 23 Feb. the riotous persons,
having heard that petitioner was got home, told deponent that if peti-
tioner would not give them a guinea a man for lying idle, which would
have amounted to near 300£., they would pull down his engine, pull up
the waggon way, drown the colliery, and set fire to the coal heaps, and
if he came to the works, they would kill him. Deponent on 25 Feb.
told petitioner that the pitmen would meet him at Lumley Castle the
next day, to see if they could agree. Petitioner went accordingly, but
that morning about 100 pitmen told deponent that they would not meet
there, for fear petitioner might get them taken into custody. Deponent
114 REPORT OX THE PITMEN'S STRIKE
proposed Lumley Park gate, but they swore " D — them, if they would
meet him at any place but at the pitts," and bid deponent tell petitioner
that if he did not the next day (the 27th), send them a guinea a
man, and agree with them, they would pull down the engine, &c. On
27 Feb. petitioner sent men and firearms in a waggon, to be put into
the engine house. Deponent going from his house to the engine with
Mr. Eoper and others sent to defend it, met petitioner with A very Ro-
binson, constable of Houghton, who turned back to go to the engine
house. At a gate leading to Southeron's pitt, they found hundreds of
the pitmen and their wives with great clubbs, &c. &c. Petitioner
retreated upon a pitheap. Deponent endeavoured to keep them from
going up the same, till they overpowered him by numbers and got upon
the heap, and beat petitioner and his horse off the heap. He rode off
and escaped them. The pitmen struck several times at petitioner, and
barbarously beat others almost to death before any arms were fired, and
before they were fired deponent desired Robinson to read the proclama-
tion for dispersing rioters, who then declared that he durst not do it,
and that if he did they would kill him and pull down his house. Some
time after the pitmen broke the windows of deponent's house, and
threatned other damages, which he prevented by giving them ale. They
insisted on it, and forced deponent to go to Kewbottle Town to see for
the petitioner, and tell him again that if he did not send them a
guinea, &c.
James Wilson, being servant to petitioner, did, on 27 Feb., go with
him from his dwelling house in Sunderland. They met by accident Mr.
Richard Bryan and Mr. Thomas Starn, and afterwards Avery Robinson.
Petitioner called Robinson back and asked him if he was not constable
of Houghton, who answered that he was. Petitioner desired him to go
along with him, if he could conveniently,4 and he accordingly went.
They called at the house of Ralph Bates of Newbottle, esquire, one of his
Majestie's Justices of the Peace. — "When the petitioner had got clear
of the pitmen, he rode towards the engine, where he met the said Mr.
Bates, whom he desired to read the proclamation, but they would not
suffer him, and swore if they did not get hold of him then, they would
catch him at Newbottle, if he read it. Bryan and Starn had no weapons,
nor intermeddled in the affray, but sate on horseback at a distance as
spectators.
IN ANSWER to which, George Clarke swears that he and other pitmen
refused to work till they had justice done them in the corves. In pur-
suance of a notice given deponent to meet petitioner at the house of
Ma the w Hobson, he and others, on 27 Feb., went, and being got to a
gate not farr distant from Hobson' s house, the petitioner and three or
four people on horseback came, and petitioner asked them what they
came there for, and bid them go home and be civil ; and they replyed
that they were come to make an agreement with him, and intended to
use no incivility to him. Petitioner went towards Hobson' s house, and
was met by Hobson, a serjeant drummer, and several others, who came
4 Robinson deposes that the pc.'titioner told him he must go with him to his colliery,
for he had something for him to do when he came there.
AT NEWBOTTLE, IN 1734. 115
back with him, which they seeing, drew off towards a pitheap, where
more pitmen were assembled, whither petitioner followed them, and
swore he would shoot them all, and accordingly fired a pistol or gun
amongst them, and bid the other persons fire likewise, which they did,
by which shooting John Grey, a pitman, received a wound in his right
leg and thigh, of which he died on 1 March next following.
John Walton. Petitioner overtook him as he was going along the
heap, presented a pistol to him, and threatned that if he went not im-
mediately off the heap he would shoot him.
Margaret Thompson. Petitioner said it should be the blackest day
that ever they saw, and immediately rode up to the pitheap. Saw him
fire among the pitmen, and ordered a serjeant to fire or else he would
him, upon which she heard several guns or pistols fired. Petitioner
fired another pistol over his right arm at her, and then rode of.
Isabell Currey. Petitioner spoke " D — you, dogs, what do you
want ?" The pitmen, after they pulled of their hats in a very hum-
ble manner, answered that they were come thither by his viewer's ap-
pointment to meet him, and make an agreement about the size of their
corves, which were much bigger than they ought to be by the contract.
He replyed he would not speak to them, for if they got anything of him
it should be by fair means, whereupon he rode up to the viewer's house
and brought a serjeant and drummer with fire arms, whereupon the pit-
men retired from the gate toward Colliery Row, being the place of the
habitations of most of them ; but before they could get thither, peti-
tioner, with the serjeant and drummer, overtook them near a hedge, and
before they could get over the hedge into the lane where their habita-
tions were, petitioner fired a pistol among them, and drove them into a
ditch next the hedge. The pitmen told petitioner that unless he would
leave of firing, they would defend themselves as well as they could, for
they had rather dye like men than be killed like dogs. Petitioner said,
" Come up, serjeant," three times, and said, " D — you, serjeant, if you
don't shoot, I will shoot you." The serjeant fired and drew his broad
sword, and was going to cleave the head of William Walker. Was pre-
vented by other pitmen putting their sticks over his head and receiving
the blow. Immediately after heard several guns fired, by which John
Grey received a wound and dyed.
Avery Rolimon, constable of Houghton. Petitioner told them he
would not agree with them unless they would work with the same
corves, otherwise take what follows. Petitioner then rode towards the
viewer's house, and was met by his viewer, one Mr. Roper, a serjeant,
drummer, and new recruit, and other persons, who came back with him
to the place where he had left the colliers. After some words had
passed, deponent heard some one, but who he cannot tell, but verily be-
lieves it was petitioner, say, " Shoot ! D — you, why don't you shoot?"
Upon which he heard some guns or pistols shot off, and particularly
saw the serjeant and another person fire their pieces, after which the
said other person ran to petitioner and desired him to take him up be-
hind him, which petitioner's servant did; and after the person was got
up behind the servant, heard him say, " D — it, I have shot one man, if
not two."
lltf REPORT OF THE PITMEN'S STRIKE
Richard Oyston, Anthony Allen, Tho. Curry, Thomas Galley, and
Robert Thompson. By their agreement they were to work only with a
fourteen peck corf, but upon measuring some of the corves they were
found considerably bigger. — Petitioner returned with a serjeant,
drummer, and a new raised man, all armed, who came on foot, but
petitioner continued on horseback. Before they came to the gate, de-
ponents and the rest of the pitmen perceiving and believing that petitioner
had some mischievous and desperate designs against them, all run away
towards Collier Eow, where most of them lived, but, before they could
get so far, petitioner overtook them, and bid them stand, and desired
two or three of them would come to him and speak with him. Wm.
"Walker and two or three more of them, and, at the said Hobson's re-
quest, one John Walton also went to petitioner to speak to him, but,
before they were got up to petitioner, he fired a pistol among them, and,
after that, fired one or two more pistols, and, immediately afterwards,
the serjeant and a new raised man fired, and one other person in the
petitioner's company, by which firing John Grey received a wound of
which he dyed.
Samuel Anderson. On 26 Feb. was in company with petitioner, and
asked him if he had agreed with his pitmen. Petitioner answered he
had not, but intended to be with them in a day or two, and would make
it the worst day to them they ever saw in their lives, and used several
other angry and passionate expressions against them. Next day,
being 27 Feb., deponent, being employed as staithman by petitioner,
had orders to meet him at the engine, which he did, and went from
thence to the house of Matthew Hobson, where -there was a serjeant and
a drummer, armed with pistols and a sword, and one Brown with a
gun, and petitioner had a pair of pistols. There was also six or seven
other persons not armed. Petitioner ordered both the armed and un-
armed men to go with him, which they did, to a gate called Curry's
Gate, about forty or fifty yards distant from the pitheap where Grey
was afterwards shot. Deponent refused to go further than the gate, at
which petitioner was very angry, and desired him to go with him, but,
deponent telling him he saw no reason nor occasion for it, petitioner
said "D — you, go along with me." On the other side of the gate
about forty or fifty pitmen were assembled, who, upon petitioner
appearing, put off their hats in a quiet and civil manner, and
about four or five of them told him they were come there according
to his viewer's appointment. Petitioner was then in a great rage and
passion, 'and bidd tfrem be gone. Deponent refusing to go with
petitioner, he went first through the said gate, and the armed men, and
the others without arms, after him, upon which the pitmen retired
towards the said pitheap. The first acts of violence which he observed
was the discharging two fire arms upon or amongst the pitmen.
Petitioner dkcharged one of his pistols. John Grey was shot by the
discharging of one of the fire arms, and afterwards dyed. After Grey
was shot, another gun or pistol was discharged, but by whom deponent
knows not. Upon discharging the fire arms a great number of pitmen
assembled, and, being much enraged, beat the petitioner and the per-
sons with him from the pitheap, who then rode away.
AT NEWBOTTLE, IN 1734. 117
The affidavits on the part of the pitmen omit giving any account of
what happened before the 27th of February, and in respect" to the tran-
sactions of the 27th February, are drawn in such a manner as plainly
shews that they do not discover the whole truth of the case. The affida-
vits on the part of the petitioner all agree in one very material circum-
stance, that whatever was done by petitioner and those who came to his
assistance upon 27 Feb., was done in defence of the colliery and them-
selves, and that no fire arms were discharged till they had been very
severely beaten, and their lives were in danger.
I am humbly of opinion that the petitioner has done nothing but what
was absolutely necessary for the defence of his colliery, and that if he
had been the unfortunate person who had given the wound of which
John Grey died (which does not appear), yet he would have been at
least excusable, if not strictly justifiable.
In cases of homicide where there is anything of malice, I shall never
advise his Majesty to interpose, but am humbly of opinion that the per-
son committing the fact, ought always to be left to the ordinary course
of justice. But there does not appear to have been the least malice in
the present case.
I cannot think that any jury could find the petitioner guilty of mur-
der, and I think there is not a sufficient foundation to convict him even
of manslaughter, but, as he will be liable to very severe penalties if he
should be found guilty of manslaughter, and as I think he deserves no
punishment at all, I am therefore of opinion that the petitioner is a very
proper object of his Majestie's great goodness and compassion, and that
it may be very fit for his Majesty to grant to the petitioner his most
gracious pardon.
J. WlLLES,
June llth, 1735.
In dorso. To be heard att my Lord Privy Seal's office at Whitehall,
on Friday the 4th of July next, at 5 of the clock in the afternoon. 10
guineas.
[Counsel's notes.] ISTo foundation for complaint about the corves.
Affidavit of the maker, George Hedley. May indict all our witnesses.
[Addressed]
For Mr. Samuel Gowland att Durham.
us;
SCHEME FOE A NAVIGABLE EIVEE TO DUEHAM.
THE draft1 of an Act (temp. Geo. II.) for Improving the Navigation of
the Eiver Wear, and making and continuing the same river navigable
from Mr. Allen's staith up to the city of Durham, is submitted to the
notice of the Society.
It recites the Act of 3 Geo. I. for the improvement of the river and
port and haven of Sunderland, whereby a commission was appointed for
21 years with these limits: — Erom the promontory or point called
Souter point, about two miles from Sunderland Barr towards the N.E.,
and so into the sea to five fathoms at low water, and from thence in a
supposed direct line till it fall opposite to that land called Eyhope
Dean, about two miles from Sunderland Barr towards the S., and con-
tinuing "W. from the said barr and limits up the river to a place called
Newbridge, par. Chester-le- Street, and thence to the city of Durham.
Tolls were to be levied from 24 June, 1717 ; those arising by coals and
cinders brought to the river below the Newbridge to be applied only to
that part of the stream ; those arising by coals and cinders loaded or
unloaded above the Newbridge to be applied only towards making the
river navigable between that point and the city of Durham. Eecitals
follow to the effect that, notwithstanding the above Act, the "Wear is
not navigable higher than Mr. Allen's staiths, below the Newbridge, and
that the tolls to be levied below Newbridge would not suffice to carry
navigation further. Shoals and sands must be removed, cuts for the
passage of water below Newbridge, and locks, dams, sluices and cuts for
the passage above and near it up to Durham, are required. Navigation
to the city will benefit trade and the poor, will greatly encourage the
woollen manufactory in the city, and be convenient for the carriage of
lead, coals, lime, stone, timber, deals, butter, tallow, &c., to and from
Durham, Westmoreland, Cumberland, Yorkshire, and other counties, to
and from Sunderland, London, and other parts, British and Eoreign,
and will very much tend to the employing and increase of watermen
and seamen, and be a means to preserve the highways. The Mayor and
Aldermen of the city of Durham have proposed to carry out the work to
accommodate boats and vessels of twenty tons burden or more. It is now
enacted that the Mayor and Aldermen shall be a Corporation by the
name of the Mayor and Aldermen of the city of Durham, and have a
common seal, and very extensive powers for altering and deepening the
river are then given to them. No ground except mansion-houses, out-
1 Communicated by Mr. John Yentress.
SCHEME FOR A NAVIGABLE RIVER TO DURHAM. 119
bouses, and gardens, are safe from interference. The first lock or dam
is to be at or near Newbridge, in Mr. Mascall's ground. The Act of 3
Geo. I. as relates to the limits of this Act is repealed. The commision-
ers must not touch existing ballast quays, wharfs, or coal staithes,
otherwise than by imposing penalties for nonrepair. Tolls are given
to them, but not to affect Henry Lambton of Lambton, Esq., his heirs or
assigns, for coals or cinders gotten out of his estates at Lambton or Harra-
ton, and laid on his staithes within the limits of the Act. Winches or
or other engines may be erecte4 to draw vessels. Passages over the
towing-paths, cuts, &c., to be made for convenient occupation of the
adjoining lands, and bridges, fords, highways, &c., not to be destroyed
until substitutes are made. Provisions occur against leaving open the
" locks or cloughs " to be made in the cuts, which in dry seasons may
prejudice the mills and works upon the river. [The passage is men-
tioned in consequence of this sense of the word clough being altogether
omitted in our local and archaic glossaries. " The clough " at Thirsk
is the place where the waste waters of the Codbeck throw themselves
over a dam, being regulated by a screw upon the mill-race which there
separates from the old course. On the Wear works, the boatmen, as
soon as their vessel had passed the lock were "to shut the said lock,
and the gates and cloughs thereof."] Rights of fishing and fowling are
reserved, and pleasure boats are to have free passage through the locks
though not paying toll. Lords of manors and owners of riverside lands
may erect warehouses, weighbeams, cranes, keys, landing places or
wharfs, on their own wastes or grounds upon the river or cuts, and levy
rates for themselves.
The scheme shared the fate of many other fantasies of corporate
bodies, and Durham is yet free from vessels of burden. " Mr. Allen "
was Thomas Allan, Esq., of Allan's Platts, near Chester-le-Street. See
the pedigrees of Allan of Elackwell, &c., in Hist. Darlington,
120
WASHINGTON LETTERS,1
GENERAL WASHINGTON TO ME. J. RUMNEY.
Mount Vernon, April 6, 1787. — I can say little more at this time re-
specting the estate of the deceased Coll. Thos. Colvill2 than what is
contained in my account of it to Major Swan (recited in one of the
letters which you put into my hand) except that I have used every
means in my power to collect materials (and very defective they are)
for a final settlement of the administration of it. 'What the surplus of
the estate will be when the debts and legacies are all paid, is more than
I can inform you. The testator himself, as will appear by his will, had
a doubt of there being any. And what will be done with it if there
should, must be a matter for future determination. When the adminis-
tration is closed, which it is my sincere wish to do as soon as the
nature of the case will admit, I shall, for my own justification and
security, take council with respect to the application of the surplus, if
any, under the existing laws of this country. The author of the letters
of instruction to you is mistaken, I conceive, when he says the claim of
one Clawson was admitted, unless by admission he means that it was
received. If this was not his idea, it will give him no pleasure to be
informed that near twenty others, I believe, have been admitted in the
same manner, under the indefinite and, I may add, indigested clause of the
will which has stirred up so many pretenders, as to render it a matter
of difficult investigation to determine rightly in the case.
GEO. WASHINGTON.
Mr. J. KUMNEI TO MR. JAMES SCORER.
Alexandria, April 6, 1787. — Sir, I have to acknowledge receipt of
your favour per Capt. Atkinson, and, agreeable to your request, have
made every inquiry respecting Coll. Colville's estate that was in my
power. I have seen Mr. Tom West, who is son to the old gentleman,
one of the executors ; he does not know much of the business, but gave
1 All these letters, except the last, are communicated by Mr. Trueman of Durham.
2 It is evident from the sequel, that this gentleman was nearly related to the Col-
villes of Whitchouse, near Gateshead. Adam Colville of Boldon, gent., had a son
Edward, butcher and hostman of Newcastle, who purchased Whitehouse, and died in
1750, aged 105. By his first wife Anne Ladler (mar. 1682, bur. 1686) he had a son
Anthony, bap. 1683, bur. 1685. By his second, Sarah (bur. 1713), he had issue,
Edward, bap. 1700, bur. 1783 ; Robert, bap. 1705 ; and John, bap. 1708, who re-
sided at Whitehouse. John married Joan, the daughter of "Wni. Fawcctt, of West
Boldon, gent., to whom he left his estate in fee. and died childless in 1781. She died
in 1785.
WASHINGTON LETTERS 121
up the papers to the other executors. I have wrote to Mr. Swan at
Baltimore, but have not received an answer, which I wonder at. I dined
last Sunday with General Washington at his house, a few miles from
hence, and had a long conversation on the subject with him. He was
very much averse to being an executor in this business, and had not
taken any active part untill Mr. West's death. He says, so many claims
have been made, that they do not know who is entitled to what was
left ; he therefore means to lodge what is their due in the hands of the
Lord Chancellor in England, to be paid to those whose right it seems to
be. He does not think there will be much, but whatever there is, it
ought to be ascertained, and made an end of, and you may rely on my
endeavours to forward it. The General begged I would leave your
memorandum and letter with him for his perusal, which I did. I hope
soon to see him again, and when anything further is done, you shall
hear from me. J. RUMNEY. — Since writing the above, I have received
a letter from the General, and enclosed I send you a copy of that part
of it which relates to your business. I think it is not favourable by
any means.
MR. JAMES SCORER to MR. JOHN CLA.RKSON.
W*.Haven, June, 1787. — Dear Sirs, On the other side you have two
copies of letters, the one from my friend Mr. Rumney to me, and the
other from General Washington to him., by which you will see the ac-
tive part my friend has taken in your business, and how little the
expectation is of bringing any thing to a period. The General now
thinks there will [be] very little due to the claments, and you see
denies your claim ever being admitted any more then it might have
been received amongest the many claims that has been made. 1 always
understood by you that your claim was admitted by the opinion of
Councelar Wyth, &c., and as such was the style of my letters to Mr.
Rumney. I wrote to Mr. Swan by the same oppertunity as I wrote
Mr. Rumney, telling him Mr. Rumney would correspond with him on
the business, as he was so near the executor's. You see Mr. Rumney
has likewise wrote him, but can get no answer, and, as Mr. Swan is
empowered from you to act in this business, I don't see any thing more
my friend can do in it then assist Mr. Swan in any thing he may chuse
to communicate to him, but it disnot appear to me that he means to
correspond with him about it. It would likewise appear by General
Washington's letter to Mr. Rumney, that he and Mr. Swan has corres-
ponded on the business, but this may refer to the copy of the letters
you sent me ; if so, it is very old. The General seems to wish to have
the matter brought to an esue, and it appears to me if it ever be done,
it must be by him. You will judge for yourselves what steps is further
to be taken, but I think you should get your friends in London to
write out again to Mr. Swan to push the business as he has your powers
to do it, and I am sure that Mr. Rumney would do any thing in con-
junction with him to bring you to your right, if there be anything for
you, and that your claim is admitted of. If you have anything more
to communicate to me upon this a vessel will sail for Alexandria the
122 WASHINGTON LETTERS.
latter end of this month, and it will always give me pleasure to render
you any service in my poor, and am, Dr S™, your very humble servant,
JAMES SCORER. — Please to give my love to my mother, then she will
know I have got home. J. S. — Mr. John Clawson, 5, Framwel Gate,
Durham.
SIR WILLIAM AppLEBY3 TO MR. JOHN SWAN.
Mr. John Swan. — Sir, since my arrival from London, I have had the
pleasure of reading a letter from you in answer to mine, as well as one
from Mr. Scorer annexing two from Mr. Washington and Mr. Eumney
to him, concerning Clarson's demand upon Washington as executor to
Coll. Colvill's effects. I think it my duty as a man of honour and
veracity again to assure you that every word contained in mine was the
truth. Let Washington say what he will, or still use what evasive
subterfuges he may, as he has always done, and ever will find some pre-
tence to keep the immense property devised, in his own possession, and
thereby defraud the legatees. He dare not show you my letters to him
upon that occasion when he played the same game as at present, but had
Mr. James Balfour (agent to Mr. Hanbury) only survived, he would long
ere now have been compelled to make a distribution. Whatever opinion
other people may have of him / clearly see by his letter, dated Apl, 6,
1787, now before me, to Mr. Eumney, it wont alter mine, which, he well
knows, was always adverse to him, and well founded for the reasons
assigned. He alledges there are such numerous claimants, which is
false respecting the quota justly demanded — that there can no dis-
tribution be made properly. The present claimants have nothing to do
with them, if there were a thousand upon three parts of the property,
for they are solely and incontestably intitled to one fourth thereof as
the legal inheritors to Stott's family mentioned in Colvill's will, and I
know there are other legal claimants now living in this neighbourhood
who shall instantly agitate their just right if he does not immediately
satisfye the present claimants Clarsons, or he shall be publickly exposed
both here and in America by me, and at my expence, for he well de-
serves it. Mr. Eumney can easily let you see Wasshington's letter to
him, and, if you please, may let the last mentioned peruse this, who, I
am confident, will never finish the business, unless he is shamed out of
it publickly, which indeed will be a very hard matter to do. The present
claimants are much obliged to Mr. Eumney and you, and make no
doubt but by this time our worthy and honourable clerk of the peace,
George Pearson, Esq., has sent you and him, through favour of Messrs.
Harrison, Ainsley, and Co., of London, every necessary credential to
compel Washington to do them justice. I am certain that Washington's
litteral expressions in a letter sent to me above ten years ago, when the
affair was in the hands of Mr. Balfour, were these, " I admit the claim*,
3 One of the Peg Nicholson knights. He is said to have refused to pay the usual
fees to the officers of Heralds' College after being knighted, objecting that they could
not unknight him. The italics are his own.
4 Washington by such an expression probably only meant to say " I admit the ex-
istence of your clients claim as a claim — their right must be legally established for
mv safety."
WASHINGTON LETTERS. 123
/ admit the possession of the property, but I will not pay one shilling,
UNLESS I am compelld to it, in our own Court of Chancery, for my own
justification." Such was then, such is, and such ever will be the lan-
guage of the modern Falius in war as well as executorships, if not com-
pelled to do the parties justice. I have taken the liberty to send this to
Mr. Rumney, and to entreat he will forward it to you, and if I am
favoured with any answer from either upon the subject, may either
address it to George Pearson, Esq., or Sir "William Appleby, Durham,
which will much oblige, Sir, your most humble servant, WILL. APPLEBY,
Durham. Augt. 8, 1787.
SIR WILLIAM APPLEBY TO ME. RUMNEY.
Durham, Augt. 8, 1787. Mr. Rumney, Sir, I have taken the liberty
to transmit the above to you, entreating, after your perusal thereof, and
looking upon it as also addressed to you, as well as Mr. Swan, you'll
please to send him it, and am, with many thanks for your attention to
the interest of the present just claimants upon Washington, as acting
executor to Col. Colvill, am, Sir, your most humble servant, WILL.
APPLEBY. — P. S. My opinion of and reflections upon Mr. Washington,
I do assure you, are very just. — I understand Col. Colvill's brother left
many thousands to the present Lord Tankerville,5 who got it all : the
late gentlemen left his property to a greater amount to four families here,
but which I dare say they will be all cheated of, and by as before-
mentioned. — Mr. J. Eumney, at Alexandria, in America.
ME. JAMES KEITH TO ME. C. RICHMOND.
Alexandria, 15th December, 1790. — The estate of the late Colonel
Thomas Colvill consisted of lands, slaves, and a large debt due from the
estate of his brother Col° John Colvill. Part of his lands and slaves he
gave to particular friends, the residue he directed to be sold for the
payment of his debts and legacies. This has been done, and the money
1 believe chiefly received. His brother John Colvill had directed a
tract to be sold for the payment of his debts ; this had for some causes
been delayed till a short time before the death of Thomas Colvill, and
but a very inconsiderable part of the purchase money paid in his life-
time. Several bills of exchange had been passed to him on account of
the purchase, but those were chiefly returned protested, either just be-
fore or immediately after the death of Colonel Colvill. The purchaser's
5 John Colville of Whitehouse had several sisters, viz., 1. Elizabeth, bap. 1689.
2. Susanna, bap. 1690, mar. Lionel Allan, Esq., an eminent merchant at Rotterdam,
and died 1783, having survived her husband, ten brothers and sisters, and buried ten
children. 3. Ann, bap. 1693, mar. 1710, to "William Hanby of Newcastle, barber-
chirurgeon. 4. Sarah, bap. with Ann. 5. Rosamond, bap. 1695, mar. to Roger
Pearson of Tritlington, Esq. 6. Camilla, bap. 1698, mar. Charles Bennet, Earl of
Tankerville, who died 1753. She died 1775. 7. Catherine, bap. 1701. 8. Jane,
bap. 1703, mar. successively to Charles Clarke, of Gray's Inn, attorney, and Robert
Fen wick, of Lemington, Esq., but d. s. p. There is a romantic relation of the
wooing and winning of Camilla. See Hist. Darlington, iv.
124 WASHINGTON LETTERS.
circumstances about that time became desperate ; the executors of Tho-
mas Colvill in vain applied for payments, it was out of his power to
make any. Things remained in this state till the begin ing of the
year 1772, when some of the creditors of the purchaser's conceiving
the land to be worth considerably more at that time, proposed paying
the balance of the purchase money, upon condition the land was con-
veyed to them. This, after some time, was agreed upon, and commis-
sioners appointed to settle the accounts and ascertain the balances then
due. This was done ; a part of the balance was then paid, and a bond
given for the balance. A suspension of all law business soon after tak-
ing place in Virginia, and hostilities commencing in 1775, nothing fur-
ther was done until peace was restored, and General Washington
returned home. During that period two of the executors died, one of
them the person who had transacted the whole business of the estate,
which, as well as his own affairs, he had left in the greatest confusion.
General "Washington, soon after his return home, put such of that gen-
tlemen's papers as related to the transactions of Colvill' s estate in my
hands, to endeavour to state an account of his transactions. After much
time spent, I formed as just an one as the lights I could procure from
different parts would enable me. In the course of this business, I dis-
covered that the commissioners who had settled the accounts between
the purchaser of the land and the executors had made a gross blunder,
which, if not rectified, will fall upon the estate of Thomas Colvill. A
suit is instituted and now depending to get that error rectified, and to
settle the question of interest upon the bond. Those suits I expect
will be determined in May next, and immediately after the determina-
tion the President will close the account of that transaction. JA". KEITH.
If the error alluded to is rectified there may probably be a surplus of
600/. Virginia money.
ME. C. EICHMOND TO GEOEGE PEARSON, ESQ.
Philadelphia, 14th April, 1791. — Sir, You will no doubt have been
surprised that the affairs of Mr. Clarkson committed to my care have
seemingly been unattended to by me, but you will find by the copy of
Mr. Keith's answer to my application on the subject, that I have not
altogether neglected the business. When I arrived in London from the
North in February, 1790, I found the gentleman (Mr. John Eumney)
who was joined with me in the letter of attorney had left Virginia, and
was then in London. I told him of the power I had received ; he an-
swered, he wished me success in the execution of it, but was affraid
little would be obtained upon it, from what he had been able to learn.
My being engaged in public business soon after I arrived in Maryland,
to attend the officers of Congress at New York, as agent to settle ac-
counts between Maryland and the United States, prevented my journey
to Alexandria until December, since which my chest and papers have
been detained by the i<-,e in the bay and rivers until this few weeks
past, when they came to my hands, and with them that of which I
now send you the copy. General Washington, the President of the
United States, is now on a tour to the Carolinas and Georgia. I think
WASHINGTON LETTERS, 125
it probable I shall be able to procure some intelligence from him
relating to this matter when he has returned to this city, which will be
about the begining of July next. After which time you shall hear
from me again. With great respect, I am, Sir, Your obedt. humble
servant, C. RICHMOND. — P.S. Will you be so good as to remember me to
my brother Joseph and his family, and tell him I have not heard of or
received a letter from any of my relations since I left England.-—
George Pearson, Esq., Clerk of the Peace, City of Durham, N°. Eng-
land, per the Harmony, Cap. Osman, of Philadelphia.
MES. SAEAH ADDISON TO ME. WASHINGTON SMIRK,*
Oct. 1836.
DEAE BEOTHEE, — I write this to inform you of our decent, the papers
I have seen, and what my dear mother told me respecting it. Our
grandfather's name was Thomas Washington,2 brother to General George
Washington, of North America. Our grandfather was a planter of Virgi-
nia, Nevis, and St. Kits, and that he traded in his own vessel to England.
The ports he used were Liverpool and Newcastle. The last ship he
came to Newcastle in was the Duke of Argyle. He died suddenly, at
Gateshead, without a will, leaving our grandmother with three daughters,
Mary, Sarah, and Hannah, who at her death were taken by Alderman
Baker, Alderman Peareth, and Alderman Yernal, each one with a
promise of bringing them up according to their decent, but were made
servants of, and they remained so until marriage. Our grandmother's
name was Mary Smith, a native of Alnwick, Northumberland. She
had an annuity from N. . .wick \_partially illegible] estate for her life ;
but how that was left I do not know. Mr. William Peareth never let
the sisters rest untill he got the papers from them to do them justice,
but he never would confess with them after. He sent them to America.
A gentleman belonging to Burn Hall, near Durham, told our aunt Mary
he had seen a letter wrote by the General's own hand concerning three
orphan sisters, a sum of 20,OOOZ. for them. Mr. Peareth would never
confess anything after that, which caused my father to go to London.
He could make nothing out, but that the money came, received by who
they would not say ; and having no one to advise him, came home and
would never see after it again ; so it was lost. I read myself, in the
Newcastle paper, put in by a Mr. Wilson, of Newcastle, son of Eector
Wilson, that the niece of General Washington called upon him, and he
presented her with 51. as a token of respect ; and that person was aunt
Mary. I have to inform you Eector Wilson married our father and
mother in the year of our Lord 1 780, the 23d of May, at Washington
1 Communicated by "William Green, Jun., Esq., of Findon Cottage, near Durham.
2 The name of Washington is so unusual in the North of England, and the con-
nection of this person with America so minutely set out, that it is difficult to resist
the impression that lie was a near connexion with the General, who certainly had
brothers, planters in Virginia, though not of the name of Thomas. Possibly Mrs.
Addison is in error as to the baptismal name of her grandfather.
126 WASHINGTON LETTERS.
Church, near Usworth.3 Our mother was up mostly at Usworth Hall.^
Oar father Edward Smirk was respectfully decended from the Wylams'
family.4 The Miss Peareths alwayes looked upon aunt Mary's son, and
always gave him whenever he went on our mother's account; but we
never went. They are all dead but an old lady, the last time I heard of
them. My dear mother many a time has sat and wept when she looked
at her sons and daughters, to think how they were wronged. She al-
ways committed her case to the God of her salvation, and she used to
say He would always avenge the case of the innocent. Our hairs are
numbered, and a sparrow cannot fall to the ground without His per-
mission. I know what I have said to be truth.
So dear brother, farewell.
To Washington Smirk, SAKAH ADDISON.
Butterknowle Colliery.
3 The following is the entry of the marriage in "Washington Register : — " Ed-
ward Smirk and Hannah Washington, both of this parish, married, by banns duly-
published on the 22d day of May, 1780, by me, E. WILSON, rector. Marriage
solemnized on the day and year above written between us, EDWARD SMIRK,
Hannah M Washington's mark. In the presence of JNO. FATHERLEY, JNO. HALL."
4 Edward Smirk's mother was Ann, eldest daughter of Mr. John Wylam of
North Bicldick, par. Washington, farmer, by Catherine, who was living a widow at
Woodhouse, North Biddick, in 1746, and on 3 July, 1750, was married at Washing-
ton to Robert Wade of Ousterly, afterwards of Fatfield, yeoman. Mr. Wylam was
grandfather of our highly respected neighbour, Mr. Ralph Wylam of Gateshead, who
states that, in reference to his aunt's marriage to Smirk, it was said that she pleased
her eyes, and grieved her heart. The ceremony took place at Washington, 27 Mar.,
1749, and her husband, Thomas Smirk, was then of the parish of Chester-le- Street.
In 1751, when, on 11 Dec., his daughter Catherine was baptized at Washington, he
is stated to reside at Cat Dean. His son, Edward Smirk, was a horsekeeper at the
New Stables in 1781, the year after his marriage with Hannah Washington, when,
on 8 March, he baptized a daughter Anne at Washington. On 14 Oct., 1783,
"Edward Washington, the son of Edward Smirk of Washington and Hannah, his
wife," was baptized there. Both these children probably died very young.
From 1783 to 1793 there is a barren gap in the register, perhaps in consequence of
Edward Smirk's desertion of his wife, as it is only broken on 5 July, 1789, by a
disreputable entry of the baptism of "John, illegitimate son of Hannah Smirk of
Washington. John Churnside, supposed father." On 22 Dec. 1793, was baptized
another Anne, described as " daughter of Edward and Hannah Smirk, North Bed-
ick;" and on 28 Aug. 1796, we have the baptism of another Edward, the parents
being described in the same way. The above letter gives the names of two other
children, Washington and Sarah.
127
THE HINDE PAPERS.
IN the collections of John Hodgson Hinde, Esq., whence an estreate of
the manor of Bearle was derived for our vol. i., p. 139, are several other
materials for the history of the parish of By well. Some of these are
here briefly noticed.
In 1476 we have a conveyance from David Lowre to Alexander Pors-
ter of the town of By well, comprising seven acres of land and meadow
called Jakys Leyes in the field of Bywell, between the land of Thomas
Liyll called Akshawe on the north, and land of the Lord of Bywell on
the south. The deed, which bears date at Bywell, 1 Apr., 16 Edw. IY.,
and is witnessed by John Blakhos, the vicar of St. Andrew's of Bywell,
and Robert "Wright, chaplain, records an ordinary feoffment with livery
of seisin, and is endorsed. " Davide Lower, his estaite, bargane, and con-
veiaunce." (See vol. i., p. 206.) In 1651 Sir Edward Eadcliffe, of
Dilston, Bart., sold the same "meadow close of 7 acres called Jakys
Close, adjoining his [purchased] lands called Ackeshaw on the north,
and Bywell on the south, late the property of Michael Porster of By-
well, and sometime the property of David Lowrey," to Anthony, son of
Matthew Coulson of Newton Hall. In 1697 Anthony Coulson of ]STew
Ridley, and Matthew, his son and heir, mortgaged to Eobert Porster of
Whittonstal, and in 1 700 Matthew sold it to Michael Spain of Corbridge,
who, with Mary his wife, finally alienated it to William Hind of Stel-
lingin 1713. The little field is still called Porster's Close, after its
early owners.
The Hindes were, for many generations, the lessees of Stelling, a pos-
session of the monastery of Hexham. ROWLAND HYND was lessee at the
time of the Dissolution, and the Muster Roll of 1538, under " SteUyn
and Acorn," contains the names of Rolland Hyne and Thomas Hyne.
Rowland had a son, WILLIAM HYND, the lessee of Bearl in 1560. This
William was father of another WILLIAM HYND or Hine, a yeoman, of
Bearle, who, from 1582 to 1616, is the leading spirit of the papers. In
1582, a singular and serious clerical error occurs in a lease for 21 years
to him from Cuthbert Lord Ogle of Bothell. The whole description of
the parcels demised is omitted, and we only know, by another portion of
128 THE HINDE PAPERS.
the deed, that they were lying in Bearle. It is stipulated that " Wil-
liam Hynd shall repaier the tenement (tymher excepted) according to
the custome of the said towne of Bearle aforesaid"
The Hindes appear to have been possessed of unusual spirit in agri-
cultural enterprize. Besides holding the tenement at Bearle, we find
William leasing land at Acomb, the Stelling, and Nafferton. At Acomb
he took a fourth part of the tenement called Acorn Hall tenement, in
1603, for 9 years, from John Dobson of Acorn. Dobson had received
3/. 4.d. and 41 9s. 8d., " and one qwy stirke to my wiff Ursula to be
payed, wherfore, 31 6s. Sd. for the fynne and gresson of the said fourth
part; and the rest to be payed at or before Lent next." He held Stel-
linge under the Swinburne family, who again held of the Eenwicks of
Wallington, the owners of the monastery lands. In 1565 Thomas Swin-
burne of Haughton, co. Northumberland, fourth son of George Swin-
burne of Edlingham Castle, Esq., bequeathed tothis brother Gawyne
Swinburne his farmhold of the Stellinge,1 and mentions his niece Annes
Heron [daughter of his sister Marian, by George Heron of Chipchase.]
In 1576 Gawyn Swinburne of Cheeseborough Grange, gent., gave his
interest in the Stellinge to one of his nephew John Hearon his sons of
Chipchase, whom he himself should think good to bestow it upon, with
4 oxen to help to occupy that farmhold. (Test. Dunelm. Surt. Soc.,
236, 409). In 1605, " William Heinne of the Stellinge" pays to Peter
Bell, collector for " The Eight Worsheppfull Sir John Fenwick, kneght,
of Wallinton," 26s. 8d. the "Whettayn sondaye remit." A similar
sum for the Martinmas_rent of the Stelling, in the same year, was paid
by Hynd " as in the behalf of Mrs. Annas Bowes," to Eobert Jefferson,
Sir John's then collector. In 1611 the Stelling was sold by Sir John
Fenwiek, Knt., to Anne Bowes of Newburn Hall, widow, and Cuthbert
Heron of Chipchase, Esq. [her son.] The demesnes of Nafferton were
also held under the Swinburn.es. In 1613 Hynd was "fermor of the
one half" of the same, under John Swinburne and Gilbert Lawe, at a
rent of 45?. ; and Mr. Swinburne seems to have drawn upon him for
money in those bankless days, as his necessities called. Thus, in 1616,
Lancelot Errington of " Fowerstones, within the Barranrie of Langlie,"
receives 20s. from William Hyne of Bearle, " for my mayster Mr. Swin-
burne of Edlingham, due unto me the said Lanslot at Penticost by past
for my anuatie." Again we have the following " bill :" — " William, I
pray yow lende me xZ. of your Martinmas rent for my father's use, if
1 The stock at Stelling at that time may be seen in Surtees ii., 281. The rent paid
to the Fenwicks then and afterwards was 26s. Sd. half-yearly.
THE HINDE PAPERS. 129
yow can spar it, and this bill shalbe your discharg : Your loving freind,
MARGRATE SWINBURNE. To my loving freind, W- Hynde, dd."
"William Hynde died in 1617, and the name of HENRY HYNDE, yeo-
man, follows from 1618 to 1659. Like his predecessor, he sometimes
resided at Bearle, at others at Stelling. He continued William's leases,
but was also an extensive lessee of tithes in the parish of Ovingham
under the Addison family, impropriators there, and increased the Naffer-
ton take, holding the whole "demaynes of Nafferton" under "William
Swynborne of Capteton, Esq." for 50/. per aunum. We have rather a
sharp letter from his landlord. "Henry : I wonder yow are so longe in
paying me for the bowl of rye which yow said Cutbert Newton bought
of yow. If yow pay me not presently, I will not crave it any more,
but sew yow for it. Also give the heard of Nafferton warneing that he
loke to the dikes at his perell now when they are made tenantable :
Your freind, W. SWINBURN. To my loving freind Henry Hynd, dd."
In 1657, there is a receipt on 21 Dec. by Matthew Bee for William
Swinburne of Hallywell, Esq., from Henry Hinde of Stellin, of 201. to
be paid at Candlemas next ensuing.
The fourth of the tenement at Acomb was now in the name of Ten-
wick. In 1623 Henry Fenwicke of the Hugh, co. Northumb., gent.,
assigns it to Henry Hynde, its late tenant, for the residue of a term of
31 years, demised by the King, on 20 Nov., 212 anno regni, to Sir Henry
Fane, knt., whose estate Fenwicke now enjoys. On the expiration of
the term, the Fenwicks appear to have obtained a renewal of their lease,
as in 1659 we find Hinde paying 21. per annum to William Fenwick,3
for the fourth part, and in 1660 Oswold Hind^aid the same.
In 1620, "Ann Bowes of Newborne, co. Nd., widowe, late wife of
Henry Bowes, Esq.," conveyed her moiety of Stelling to her " son Cuth-
bert Heron of Chipchase, Esq.," the copurchaser signing " Anne Bowes,"
and sealing with the Heron crest. " Thomas Fyttz als. Fyttzherbert"
is an attesting witness, in court-hand. " Geo. Collingwood" is another.
A memorandum endorsed states that Mr. Heron had "redemised" the
tenement unto Mrs. Ann Bowes for 40 years, if she should so long
live. George CoUingwood was husband of a grandniece of Gawen Swin-
burne, Jane, daughter of Thomas Swinburne of Edlingharn, Esq., and
there must have been a coexistent lease to her, for on Mr. Cuthbert
Heron's sale of Stelling, in 1623, to Henry Hind, previously tenant,
* The assignment is dated 10 Nov. 21 Jac. There is, therefore, some discrepancy
in the date.
» In 1681 the Hindes were paying Robert Fenwick 21. 10«. for his Martinmas
rent.
130 THE HINDE PAPERS.
such a lease is mentioned as held by " Mrs. Collingwood." Accordingly
in 1625, George Collingwood of Dalden, " in right of his wife," received
in. 6s. Sd. of the rent of Stelling. In 1633 Henry Hinde paid this,
and there are receipts in 1635. Mr. Hinde also purchased a freehold
farm at Ovington, of John Belly, in 1635, and another freehold farm at
the same place, of Thomas Harrison, in 1636.
Under Lady Cavendish, Mr. Hinde filled the office of bailiff for New-
ton Hall and Bearle. In 1624 he paid 56s. 8^. for the half year's rent
of Bearle,4 to Francis Carnaby for Lady Catherine's use; in 1632 he
paid I7L 17 s. 4d. to William Carnaby, for the Martinmas half year's
rent for Bearle and Newton Hall, and similar payments occur in Novem-
ber, 1633, May, 1631, November, 1635, and June, 1636. At Whitsun-
tide, 1633, 18?. 7s. Sd. was paid, and Hinde is called "Bayliff for New-
tonn Hale, and Bare." In June, 1636, Matfen is included with Bearle
and Newton Hall in the 1 71. 1 7s. 4d, The rents were for the use of
"William Earl of Newcastle. In July, 1634, we have a bond from
Henry Hind, George Coulson, William Moure, and "Richard Coulson, all
yeomen of Bearl, to Sir William Carnaby of Bothell, conditioned for
payment of 15/. at Pentecost next. The form of the instrument is pe-
culiar, for the binding and testing clause is repeated after the condition
instead of the avoiding clause. In connection with Hinde's office, we
have, in 1626, a letter from Francis Carnaby to William Eydly at Mo-
rale, commanding " yow, in my ladye's name, that yow and the rest of
the tanens of Morale be redye, upon notyes given by the balef of Bearle,
to brynge mylstones for Bottell rnylne, and brynge thym to Bearle.
Henry Hynde will dereck yow when and where yow shall receve thym."
The same year gives us a receipt by John Gambling, deputy bailiff of
the manor of Bywell, to Hinde for 25s., "for the castle gard and cor-
neage, as fee farme to the manner of Bywell, dew att the feast of St.
Mychaell the arkangell."
Mr. Hinde, of course, shared the burdens of the heavy period in which
he lived, and the following papers will show very clearly the mode in
which they bore upon the middle ranks of society. The first item is a
subsidy roll of a few years previous to the turning point of English
history.
SUBSIDY ROLL FOR THE PARISHES OF BYWELL ST. PETER AND
BYWELL ST. ANDREW, A.D. 1627.
1627. BEABEEES TO THE FIVE SUBSIDIES [BYWELL ST. PETEE.]
[EsPEEsiiiELS, HEALEI, &c.] — Mr. Elleringtone, 5s. — Mr. Saunder-
sonne, 5s. — John Swinburne, 12^. -Richard Suirties, 2s. — Robert Tees-
4 " And Newton Halle" erased.
THE HINDE PAPEKS: 131
daill, 2s. — Izaac Nicholsone, 4d. — Jaine Newtone, 4d. — Robert Hunter,
12^.— William Suirties, Qd.— John Usher, 4d. — Thomas March, Qd.—
Thomas Andrewe, 4d. — Thomas Snawball, 4d. — Eaphe Carr, Qd. — Chris-
tofor Newton, 4d. — John Wilkinsone, 12d. — Summe, 20s. Qd.
BROMLEY GREVESHIPP. — Robert Newton, \8d. — William Newton, 18^.
—Peter Newton, 12d. — Edward Newton, ISd. — Uswold Usher, I2d.—
Raphe Newton, I2d. — Christofor Farbrigg, 4d. — John Richardsone, 4d.
— Robert Foster, 4d.— Thomas Palliser, 4^.— William Taillor, 12d. —
Thomas Augood, 12d. — Thomas Sharpray, Qd. — -William Anguish, Qd. —
John Belly, Qd — Mathew Birkes, 4d. — Edwa'rd Taillor, Qd. — George
Hedley, 4a. — Thomas Lawsone, 4d. — Edward Thompsone, 4d. — Summe,
Us. Qd.
BYWELL GREVESHIPP. — George Winshipp, I8d, — Bart. Kentt, 12d. —
Roger Newton, 12d. — John Nicholsone, 6^-Cuthbert Newton, Qd. —
William Dawson, Qd. — William Hume, Qd.— Edward Robinsonne, 4d. —
John Malliburne, 8^. — George Taillor, Qd. — Michael Foster, Qd. — Summe,
7s. Qd.
NEWTON. — "William Robinsone, 18^. — John Robinsonne, ISd. — Rich-
ard Herrisone, Qd. — William Wilkinsone, Qd. — Henry Hind, 5s. —
William Lawsone, Qd. — John Browne, Qd. — Anthony Hunter, Qd. —
Wedow Davison, 4d. — Ellexander Malliburn, Qd. — George Wilkinsone,
Qd. — Cuthbert Ridley, Qd. — William Browne, Qd. — Mathew Cowston,
6^. — George Dobsone, Qd. — Henry Winshopp, 6^. — [Summe] 14s. 4d.
Summe of all, 665. IQd.
1627. BYWELL ANDHEWE RATE TO FIYE SUBSIDIES.
Mr. Mathew Newton, 5s.— John Foster, 2s. 6^.— John Ridley, 2s. Qd.
— Robert Hunter, 2s. — Mr. John Hodshon, 2s. — Stiphorthe, 2s. — Bart.
Richardsone, Qd. — George Farbrigge, Qd. — George Lumley, Qd. — John
Taillor, 6d. — For Lumle Fermhould, 6^. — William Smith, Qd. — John
Usher, d.5— Bar. Taillor, I2d. — George Usher, Qd. — Thomas Hudspith,
Qd. — Shilforthe, I2d. — George Cowstone, I2d. — Thomas Jeninge, 8^. —
William Hunter and his brother, 8d. — Peter Dridone, I2d.
Summe, 27s. Qd.
1639-40. March 16. 15 Car. — RECEIPT given by Lancelot Allgood to
Henry Hynde of Stelling, collector of the assessment for the ship mo-
nies, for 13/., viz. : — " Buywell towne, 3?, ; Buywell Hall, 4s. ; Acombe,
31. ; Newton, Bearle, and Stelling, 31. ; Newton Hall, 11. 16s.; more
for Buywell Peter rectorie, 11. 5s. ; for By well mylnes, 5s. ; for personall
estates of Mathew Colson of Newton Hall, and Cuthbert Ridley of New-
ton, each 5s." An additional receipt for 4s. assessed upon Henry Win-
shopp of Acomb. [The writs for ship-money were dated 10 Nov. pre-
viously. Northumberland was to furnish one ship of 68 men and 168
tons. The county was in heavy arrears for former years, 700Z. (out of
2100Z.) for 1636, 900/. for 1637, and 700?. for 1638.]
5 This item looks like vjjW. changed into xjjd. Unless neither form is accurate the
account is wrongly cast up. The other items amount to 11. 5s. 4d., 2s. 2d. being re-
quired to make up the sum total.
132 THE HINDE PAPERS.
June the 16th, 1643. — Thes are to whome it may concerne, that the
bearer hereof, John Grene, is entertained a horseman under the com-
mand of Captaine Raiph Errington, therfor I would desire all officers
what soever not to molest nor troble him, he behavinge himselfe like an
honest man. Given under my hand the day and yeare above.
HEN. TROTTER, Liuetennant.
From my quarters at Topliffe.
THE HUMBLE PETITION OF HENRY HlNDE OP SlELLING.
[1643.] — To the right honorable Sir Thomas Glemham, knight and
barronett, his Majestic' s Commander-in-Cheife for these northern
counties, and to the rest of the Committee now assembled.
The humble petition of Henry Hinde of Stelling, in Northumberland,
yeoman.
Humbly sheweth, That your petitioner was a souldiour under the
Earle of Newcastle, and haveing a wife and a great charge, and none to
loke to what he hath, hired a man in his place, and besides, to shew his
affection for this present expedition, paid divers cessmentes and 40s. in
particuler to Captaine Errington, and soe it is that he was assessed by the
Committee 201. , whereof he paid 10?. to Major "Widdrington, and now
he is much putt upon for the remainder thereof, although he is very
unable to pay the same, because of late he had stolne from him twenty
beastes, which was better worth than 60?., and never got any of them
againe, or ought for them, and hath had souldiours quartered with him
for a long tyme.
May it therefore please your good honour and this Committee to con-
sider of your petitioner's great losse, and of his cessmentes paid, and of
the souldiours he hath quartered with him, and soe of his inability fur-
ther to contribute, though very willing soe to doe if able ; and to graunt
him his discharge for the remainder of his cesse of 201.
And he, his wife, and family, as in duty bound, shall ever pray, &c.
Northumberland, 29° die Novembris, 1643..
It is ordered this daie by the Committee, that the withinnamed peti-
cioner beinge assessed 20?. for contribution money, whereof hee hath
paid 12?.6 to Major Widdrington, which, his estate considered, wee con-
ceive to be sufficient, and doe order that hee shalbe freed of the other
eight poundes. — GILBERT SWINHOE, JOHN DELAVAL, NICH. TEMPEST,
CUTHBERT HERON, EAPH CARNABY, MARK ERRINGTON.
A TRUE COPY OF GOODES TAKEN FROM MEE HENRY HlNDE of the Stel-
ling, in the parish of Bywell Peter, in the county of Northumberland,
Anno 1643 [4.]
At their leager on Tine- Water.
Imprimis. Artillery Eegiment tooke from mee 7 stacks of rye, 12
boules in every stack, 521 Ss. Seaven stacks of otes, 12 boulesin every
stacke, taken by the army, 25?. 4s. One stack of bigge, conteyning 10
boules, 51 One and thirty beastes taken by CaseelTs regiment, 46?. 10s.
6 Altered from 101. The 121. includes tlie 40*. paid to Errington.
THE HINDE PAPERS. 133
60 sheepe, 151 Five swine, II. 5s. 40 foother of hay, 20Z. 3 horses,
61. 3 iron harrowes, 10s. 2 short waines, 21. 2 long waines, 21. 9
yokes, 9s. In linning and woollen clothes, 31. 20 boules of winnowed
otes, 61. 4 boules of winnowed rye, 21. 8s. 3 bushells of malt, II. 5
quarters of beefe, ll. Paid for releeseing of some beastes by the Scotts,
18s. In pewter, brass, bedding, and other house stuffe/20?. Axes,
wimbles, and other iron worke, ll. A Bible, a Testament, and other
bookes, 1 3s. — Summe, 215?. 5s.
Paid to Major Houston, in cess and bilett, 3?. 8s. Paid to Capt.
Sterling, in Edenbrough regiment, in mony and other provision, ll. Us.
Quartering 3 men and 3 horses 9 daies, belonging to Capt. Casenes,
ll. Is.; to Capt. Ogle and Capt. Burton, lls. — Summe, 61. 17s.
The whole together is 222? 2s.
THE PETICION OF THE INHABITANTES OF NUETON HALL.
To the Right Worshippfull Commissioners to the high and mighty Court
of Parlament. The humble peticion of Henry Hinde, William
Browne, Anthony Hunter, Mathew Colestone, tenantes to Baron
lladcliffe of Dilstone, for the whole hamlett of Nueton Hall, in the
county of Northumberland, 1644.
Humbly sheweth that, whereas some of us have been a long time
tenants and inhabitants there, and farmed that land of him : And all of.
us conditioned with him that he was to undergoe (in his rent) all and all
manner of ceasementes, the ceasementes laid on the church only excepted :
And now the rent of the said land is demanded of us by Mr. Bootenower,7
which wee did not expect should be required, neyther of the landlord
nor any others, in regard that at Candlemus last our hay, corne, horses,
sheepe, and beastes, were violently taken from us by the Scottish army,
the traine of Artillery lay in our poore steede five dayes and six nightes,
the which our losses wee made partly to appere in our scedells given in
lately at Hexam, and the charge of continuall biliting and ceasements
both before that and ever since, soe that the whole rent (for some yeares
to come) will not countervaile our great losses and charge imposed uppon
that land, and the which wee are unable to pay and to releeve our fami-
lies, all which wee leave to your pious consideracion. And humbly take
our leaves.
The truth hereof wee are ready to bee deposed, and wee have some
officers' hand to a note in parte hereof.
1650. Mar. 3. RECEIPT from Ralph Anderson to Henry Hynde of
Stalling, for 4s., " being the sesse of 6s. on the pound, ancient rent."
? A name frequent in the district. In 1617 George Bowtflower of Apperley, co.
Nd., gent., bought from Henry Robson of Hyndeley, co. Nd., yeoman, a messuage or
free tenement of the ancient rent of 5s. in Hyndeley, to hold of the chief lord by the
rent and services accustomed. Robson signs by an H, and seals the bond with the
device of a boar passant, in the presence of " Petter Newton, William Boutflower,
John Boutflower, meique Johannis More." Another bond of 1619 is witnessed by
" Edmunde Knolles, clarke, and Christopher Gill." (Deeds communicated by the
Rev. E. H. Adamson.)
T
134 THE HINDE PAPERS,
1651. July 26. EECEIPT from the same to the same for 12s. 6d.,
" being the sesse of thre pounds and seven shillings of the pound, for
Stelling : after the new Booke of Raites : for the use of this armey for
this Commonwealth."
PETITION of Henry Hynde of Stellin to the Justices of the Peace for
Northumberland. He recites that he " was charged in the last new
Booke of Rates at the yearly valew of 16?. for Stellin, and that upon
due examination, and hath continued the payment for the same accord-
ing to that value." He is " now charged after the valew of 30?. by
warrant issued foorth for payment of the monethlie sesse, whereby your
petitioner and his posteritie are likely hereby to be impoverished and
undone if ease be not herein had." He prays " such redre&se as may
stand with equity and your good worshipps* pleasures."
1651. Feb. 20. RECEIPT from Ralph Anderson to Henry Hinde of
Stelling, for 2s., "for the cess of 20s. per pound for the use of Captaine
Doffinby."
1652. Oct. 12. RECEIPT from Richard Newton to "Hendry Hynde,"
for 5s. 2d., being " the ses of 21. 11s. on the pound for six months ses
towardes the mantinance of the armes [armies] in England, Ireland, and
Scotland " ; and also for 2s. "for Capten Ogell who is to save harmeles
this cuntie from felonious s telling of goods by mostroopers and others."
Another receipt for 2s,, "being the ses of 20s. on the pound for Capten
Ogell for keeping this countie," is dated June 8, 1653.
The name of Os WOLD HIND occurs in 1660, but we need not follow
the details of the papers at a later date. To the latter half of the 17th
century the handwriting of the following charm may be ascribed : —
" By this High and Mighty power and name Tetragrammaton and In
the name of the Blessed Trinity, Father, Son, and Holy Ghost, I Charge
and Command the Devil and unclean Spirits, to go forth of his Chamber,
and to depart from me in peace, and not to molest or troble me any
more."
We conclude with a dispute in 1756, about the tithe of new inclosures
on Shildon Common, in Northumberland.
In 1754 George Smith of Burn Hall had received from Oswald Hind
of the Stelling 6s. Set., " for prescription money, and for all tyths what-
soever due for the Stelling at Easter day." But in 1756 he writes to
the then Mr. Hind that he understood from Mr. H.'s son that his father
refused to pay the tithes of his share of Shildon Common, and, with the
hint of a law suit, he annexes an opinion he had taken, which was
this: — "I am of opinion that the antient modus or prescript rent can-
not extend to more lands than those for which they have been antiently
THE HINDE TAPERS. 135
and immemorially paid, but that all new enclosures and allottments will
be liable to the payment of tiths in kind. — N. FAZAKERLEY" The con-
troversy seeins to have lingered, for in 1764, William Archer writes,
from Durham, to his honored father, that he had tendered the modus to
Mrs. Smith. He had told her that it was in lieu of all tythes due for
the S telling. She refused to receive it except as for the old inclosures
only. " I asked her why she gave me such a note to send you, and
told her I thought she use you very ill by given you so much trouble,
and would not receive the modius when it was tendered to her. She
said Mr. Shuttleworth had a share with her, and if he was willing to
take it she was very agreeable, but could not without his consent. . . .
I went and wated upon him, and his answer was, that before he would
take it any otherwise then for the old inclosures only, he would have the
opinion of a court, so I did not think proper to pay it." The Hindes
seem to have won the day, for in 1801 and following years, annual re-
ceipts for 6s. 8<£ " for prescription money and for all tithes whatsoever
due for the Stelling at Easter," are given to Mr. George Hind by the
steward of the Silvertops.
W. HYLTON DYER LONGSTAFFE, F.S.A.
136
EARLY MENTION OF COFFEE IN DURHAM.
THE following local notices of coffee occur in the Journal1 of Timothy
"Whittingham, Esq., of Holmside, co. Durham. It will be observed
that there is considerable variation in the price. It is said that coffee
was introduced into England in 1652, ten years previous to Mr. Whit-
tingham's purchases, by a Turkey merchant named Edwards, who also
imported a Greek servant accustomed to prepare it, and whom he set
up in a coffee house on the site of the Virginian Coffee House in St.
Michael's Alley, Cornhill.2
1662. Nov. 3. Halfe pound of coffee powder then cost 3s.
Then also 1 quarter of coffee from Durham Is.
Nov. 25. Halfe pound of coffee powder cost 3s.
Dec. 24. One quarter of coffee powder 2s.
At a much later period the supply of coffee at Durham was uncer-
tain. In 1722 Ralph Gowland writes to his son Samuel in London as
follows : — " You must send or bring with you some raw coffee. There
is little to be had here at present; but wee expect much from Hol-
land." 3
1 In the possession of his descendant, Mrs. Algood of the Hermitage.
2 Pictorial Hist, of England, iii., 548.
3 Letter communicated by Mr, Trueman. " Pray move my Lord Chancellor
against the officer that neglects drawing upp the decree for Blacket, now 2 or 3 years.
It is very scandalous, and yet we must resent it My wig I very much dislike.
It is too thin of hair, not wide enough in the head, and the tyes too short and too
thin, soe thin that they cannot be of any service. Therefore I must know what is to
be done with it. He must blame himselfe for his folly in not shewing it to you be-
fore he sent it down. The hair is the only thing I like of it."
137
THE HEIRS-GENERAL TO RADCLYFFE OF DERWENTWATER,
AND THE HEIRS-MALE TO DACRE OF GREYSTOCK.1
THE Radclyffes, occupying in many of their branches an eminent posi-
tion in the history of their country, have been unfortunate in their
chroniclers as in their fate. Their origin, their consanguinity, and their
priority of representation, are alike obscure and disputed. Even in those
lines which produced the most brilliant results this remark holds good.
Opposed to the various houses which doubled the engrailed bend, the
line of Radclyffe of that ilk, and the houses of Sussex,2 Farmesdon, and
Wymersley, who were successively in remainder to it, all bore the beau-
tiful bearing of the single bend ; yet the exact positions of these allied
families is by no means exemplified to demonstration. Fortunately, our
northern counties are only interested to any great extent in the Wy-
mersley family ; but it is a host in itself, widely scattered in long-
continued and separate descents, all much overshadowed by the
glory of one of its members, the ennobled House of Dilston. In the
possession of the Isle of Derwentwater, and the eventual male represen-
tation of the spouse of Der went water's heiress, vested in the Dilston
baronets and earls, we lose sight of the circumstance that the heirship-
general was running in a very different channel. It was running in
individuals who were racked with long and unhappy dissensions, which
ended in the double misfortune of their losing most of the Radclyffe
lands as heirs-general, the Dacre lands as heirs-male.
"We say the heirship-general of the heiress of Derwentwater' s husband,
for that of the Wymersley house in general continued in an elder stream.
1 This article is chiefly grounded upon papers in Greenwich Hospital, copies of
which were made atjthe expence of John Fenwick, Esq., F.S.A., who gives the Soci-
ety the advantage of his zeal for the elucidation of North Country history.
2 The standard of Katcliffe, Lord Fitzwater in 1513, was composed of "a babyon,
with a hatte upon hys hed, and a bull's hed sabull rassed, the homes sylver, wyth a
crown and a cheyn at hyt, about hys nek sylver, and a elbow gard and the sonne,
gold." Near the elbow guard (which in 1475 is called a garbralle] is written the
motto— "Jerey"
138 HEIRS-GENERAL TO RADCLYFFE OF DERWENTWATER,
Thomas Radclyffe of "Wymersley,3 in whom that house separated from
the chiefs at Radclyffe Tower, was father of Sir Richard Eadclyffe of
"Wymersley and Clitheroe, Sir Nicholas who married Elizabeth de Der-
wentwater, and Sir Ralph. Sir Richard4 was summoned to parliament
in 1405, was at Agincourt in 1415, and died in 1433-4. His eldest son
Sir Thomas, by marriage with his relation Catherine, the half sister to
Bishop Booth of Durham, had a son Richard, who continued the line at
"Wymersley, and Henry,5 who settled at Tunstall, near Stranton, by
marriage with a coheiress of the Pulthorpes. Of his branch a full ped-
igree will be found in Surtees's Durham, vol. iii. The members of it
who were settled at Ugthorpe, in Yorkshire, fell into great decay. In
1809 the representative was "William Radclyffe, a cottager, of the age of
70, at Stillington, in Yorkshire. " This poor man (says Radclyffe the
herald) has been so improvident as to spend the wreck of the trifling
inheritance which his ancestors for some generations past appeared to
have preserved with much difficulty, having often been mortgaged. He
now exists on the precarious bounty of his friends, and is, I believe,
little above a common labourer." A younger line, settled at Coxwold
as gentry, shared no better fate. Joseph Radclyffe of Coxwold, born in
1726, married the heiress of James Clayton of Nottingham. " Having
some little fortune of his own, which was improved by that of his wife,
he soon after his marriage kept a house in Grosvenor Square, with a
coach and four, and kept it up as the means lasted. His widow, a clever
sensible woman, kept a ready-made shoe shop, in about 1795, in Oxford
Street, and is now (1810) in Edinburgh, on the bounty, I believe, of
some old female acquaintance." At that time there were numerous de-
scendants of both lines derived from Ugthorpe.
But to return to SIR NICHOLAS RADCLYFFE, the younger son of Thomas
of "Wymersley. He was so fortunate as to secure the hand of the heir-
ess of the isle about 1417, and with the son and heir of the marriage,
SIR THOMAS RADCLYFFE, who lived upon the isle, and married the aunt
of Queen Katherine Parr, we find the extraordinary disinherison of the
right heir to which we have already alluded.
We must premise that (besides eleven6 daughters) he had six sons : —
3 ARMS. — "Thomas Radclyffe de "Wymerley, 2 filius, bears [Argent], abend in-
greined Sable, with a libard's heade in the dexter point." — Pedigree at Greenwich
Hospital.
4 AJRMS. — " Sir Rychard Ratcleff of "Wymbreley." Argent, a bend engrailed Sable,
in the sinister chief point an escallop Sable [Gules, according to Whitaker] for differ-
ence. Sari. MSS., 4632, f. 117.
5 ARMS. — Argent, a bend engrailed Sable, in the dexter point a mullet.
6 Visit. Northumb.
AND THE HEIRS-MALE TO DACRE OF GREYSTOCK. 139
1. John, his heir; 2. Sir Richard, the favourite of Richard III.; 3.
Sir Edward, who married the heiress of Cartington, Lady of Cartington,
Dilston,7 and "Whittonstall, co. Northd., and of Hawthorne, co. Durham ;
4. Nicholas of Keswick, gent. ; 5, 6. Christopher, a priest, and Row-
land, religious. In 1480 he suffered a recovery of his manor of Castle-
rigg, Keswicke [alias DerwentwaterJ, Naddell, Burnes, Smaythwayte,
Legbarthwait, and Furnesett, to his third son Edward, who immedi-
ately entailed them, by conveying them back to his father and Sir Rich-
ard, the second son, for their lives ; remainder to the heirs male of the
bodies of — 1, Sir Richard; 2, Sir Edward; 3, Nicholas; 4, Christopher;
and 5, Rowland,8 successively. Thus the heir is entirely omitted, but
it appears by a deed of 1530 that, on this recovery, Richard and Ed-
ward were sworn that John, the heir, should enjoy the manor of Der-
wentwater for life, if he overlived his father and his brother Richard.
This event took place, for Sir Richard Radclyffe, K.G., came to an un-
timely death under the banners of his namesake, at Bosworth Eield, in
1485.9 He was, in fact, one of those triumvirs, "The Cat, the Rat,
and Lovell the Dog," who " ruled all England under the Hog." A
man he was that was " short and rude in speech, and as far from pity
as from all fear of God." He had resided at Sadbury, near Richmond,
in consequence of his marriage with Widow Boynton of that place, a
daughter of Lord Scrope of Bolton, and he left a son Richard to become
first of entail.
Old Sir Thomas survived his knightly son for ten years, dying in
1495, a month after the younger Richard had, by act of Parliament,
obtained the restoration of his interest in the Derwentwater estates, and
the reversal of his father's attainder. The disinherited son, JOHN BA.D-
CLYFFE, immediately entered. He " had nothing by descent, but only
had occupation by sufferance of Richard [dead] and Edward, his bro-
thers, in respect of their oath." He died after 1509, leaving, by Anne,
fifth daughter and coheir of Henry Fenwick of Fenwick, Esq., two
children, Sir JOHN RADCLYFFE, his heir, and Anne Radclyffe, who, in
the Greenwich papers relative to this complex business, is said to have
married Bo well, identified by Mr. Surtees with her cousin, John
7 ARMS. — " Ratclyfe of Relyston." Argent, a bend engrailed Sable, in the dexter
point an escallop for difference In Visit. Northumb. the difference is a quartrefoil
Or, in the crest as well as the arms.— Sari. MSS., 4632, f. 117.
8 Christopher and Rowland, being under vows of celibacy, occur no more in the
story.
9 ARMS. — Argent, a bend engrailed Sable : on a bordure Gules 11 escallops of the
first. — Glover's Ordinary. Whitaker's Whattey,
140 HEIRS-MALE TO EADCLYFFE OF DERWENTWATER,
Eadclyffe,10 a younger son of Sir Edward Eadclyffe, the second in entail.
Her issue was " John Eowell, alias Badclif," according to the papers.
Although the occupation by the eldest line was confined to John the
elder, Sir John the younger entered, on his father's death, without vio-
lent interruption, if any, and not only held it to his death, but also pre-
sumed to devise the estate. His second will was made "at the He of
Darwenwater, the first day of Pebruarii, in the yere of God a thousand
fyve hundreth twentye and nyne [thirty] yeres, and in the xxj. yere of
the reigne of our soveraing Lord King Henry the Eight." The date is
important, as it has been stated that he died on 2 Feb., 1527, on the
authority of the brass plate to his memory in Crossthwaite church, as
copied by Nicholson and Burn. He wishes to be buried there. He
appears to have viewed the house of Dacre with profound affection.
" My Lord Dacre" is to have "my baye hobye." " My Ladye Dacre
two copies of my best howndes." " To Sir Christofer Dacre, knight,11
a gosse hawk." Such servants as will continue with his wife are to do
so; those who depart are to have their full wages. " To John Eadcliffe,
my kynnesman, the moore and gratter graye horse." Mass is to be
yearly said, and daily is a priest to sing for the testator and his wife
before our Lady of Pity, in the church of Crossethwaite, the provision
for the purpose being temporary until lands are given for the finding of
a priest, "in the said chapell of our said Ladye," for ever. "John
B-adcliffe, my kynnesman, to be in the service of my Lord Dacre, and to
be ordonned, and holye rewlled by my said Lord, which John Eadcliffe
is my sister sonne, called Anne Radcliffe, which I ordeigne to be myne
heire, and to have my nolle landes after the death of Alice my wife,
according to my will thereof, mad at London," 22 Nov., 19 Hen. YIII.
On the day of his burial, " penny e dole" shall be "dalte to poore
folkes," for the health of his soul. Every priest that shall come to his
burial shall have Sd. a peece and their dinners. Twelve poore folks
shall have each a black gowne and 4d., who shall bear torches at the
burial. The residue of his goods goes to his wife, the sole executrix,
and " I make supervisor of this my last will, my Lord Dacre and of
Graystock, and doe put in his gouverance and rewlle my said wiife, with
my foresaid nephnewe John Eadcliife, beseching his Lordshipp to be
good lord unto them."
The knight died next day, and his lady, ALICE EADCLYFFE, who was
10 But the papers are silent, and this John Radclyffe, the cousin, is said in Visit.
Northumb. to have died s. p.
11 Uncle to ray Lord. He lived at Croglin.
AND THE HEIRS-MALE TO DACRE OF GREYSTOCK. 141
a daughter of Sir Edmond Sutton, alias Dudley of Dudley, was soon in
antagonism with her husband's relatives. He had three cousins, Rich-
ard, the son of the Bosworth knight, first in tail ; Sir Cuthbert of Dil-
ston, son of Sir Edward, second ; and James, the son of Nicholas Rad-
clyffe of Keswick, the third. Richard, having no issue,12 had attorned
to Cuthbert, who entered upon Derwentwater on John's death, by virtue
of the entail, but the widow carried the day. She kept him out for the
term of her life, by agreement with him and Richard, and survived her
spouse for 24 years. She died in 1554, and was interred in the proud
cathedral of Salisbury.
Nor was the testamentary heir, JOHN ROWELL, alias RADCLYFFE, of
Derwentwater, Esq., less attentive to his interests. On Cuthbert's
entry, he also entered. It is not very clear whether he wholly relied
upon the will, for it is said that he kept possession of a great part of the
estates, claiming as heir of his mother. He was not unsuccessful. In
1531 or 1532 Richard Radclyffe of Derwentwater, the first in tail, had
released all his estate, by fine and recovery, to Cuthbert, with whom,
consequently, as immediate heir in entail, had John to deal. Their dis-
putes ended by an arbitrament of May, 1540, by which some part was
awarded to John, and other part to Cuthbert.
So matters stood for the remaining five years of Sir Cuthbert's life.
He died in 1545, leaving Sir George Radclyffe, his heir, and two
younger sons, and we shall finish the tangled history of his portion
before proceeding with the elder line. Sir George's first acts were to
sell and convey parts of the estate without fine. The purchaser died
seized, and his heir alienated by fine, all in Sir George's lifetime ; and
it afterwards became a question whether this was good against the heir
of Sir George, he being only tenant in tail. In 1552 or 3 he proceeded,
more legitimately, to levy a fine of his part of the estates to himself,
and the heirs-male of his body. But this movement put the heir of
Nicholas (originally the third in entail) on the alert, although there was
little chance of his receiving any further benefit from the estates than
the pleasure of making them unmarketable, or of extortion from the
possessors. James Radclyffe, the son of Nicholas, accordingly entered
within five years of the fine, the time prescribed for the preservation of
rights. Probably his object was gained. Probably he did extract
money from, the knight of Dilston, for afterwards we find him releasing
his claim. Provoking, however, as it may seem, the enemy was scotched,
12 So say the papers, but possibly the word should be qualified with " inheritable
under the entail." The Visitation of Northumberland gives him three daughters and
co-heirs, but does not mention their names.
142 HEIRS-GENERAL OF RADCLYFFE OF DERWENTWATER,
not killed. James died, and he left a son Gawen, who had a son Francis.
Gawen threw his fangs into the peace of Sir George with his own claims,
and re-entered. The result does not appear, but the questions were
these. " 1. What Gawen gaineth by his entry, for the heirs of Sir
Richard is dead, and the heirs of Edward is Sir George and his heirs.
2. Whether Edward and his heirs are inheritable by the grant of Edward
[meaning the original entail] ; for he seeraeth to be both donor and
donee in remainder, but, for the title of remainder, it did not fall to
Edward, for the issue of Richard was not extinguished unto long time
after the death of Edward. 3. Whether the remainder to Edward's
issue be void or no. 4. What passeth by the release of James son of
Nicholas. 5. Whether the fine by Sir George and the release of James
doth debar Gawen, son and heir male of James, who hath now entered."
In 1577 Sir George, by fine and recovery, assured all his lands to
Francis his son in tail, with remainders over ; and it was doubted
whether this fine and recovery prejudiced Sir Erancis' right to the lands
formerly sold without fine.
Dilston, meanwhile, had descended in much smoother waters. Joane
Cartington, widow (formerly Claxton), Lady of Dilston, Hawthorne,
&c., in her own right, by will made between 1521 and 1535, charged
Dilston with portions of 100?., on the marriage of Jane, her grandson's
(Sir Cuthbert Radclyffe) eldest daughter ; 60?. on that of Eliza-
beth his second (wherefore less?); and 100?. to Dorothy his third, and
devised it to Sir Cuthbert in tail male. In 1535 he settled it on him-
self and wife for life, remainder to his heirs. Sir George, in 1576,
settled it on the marriage of Sir Francis, his son, with Isabella Grey of
Chillingham. In this settlement, after the settlor and the young couple,
come Sir George's brother Anthony of Cartington, and his son Cuthbert
of Blanchland 13 ; and then, strange to say, (but Gawen's conduct must
be taken into consideration) the next remainder is to the distant colla-
teral relative Thomas Earl of Sussex, in tail male, remainder over. It
is clear that the House of Dilston was assiduous in keeping up a con-
nection with the titled one of Sussex, and there is much to convince us
that, on the extinction of the male blood of the peers, notwithstanding
the senior members of the Wymersley house, the first Earl of Derwent-
water affected to be next heir male and chief of the Radclyffes.
Sir Francis, besides ignoring the paternal alienations, endeavoured to
set aside the arrangement with John Rowell, alias Radclyffe, to whom
13 From Anthony's son by his second wife descended the Radclyffes of Brierley,
Thrybergh, and Darley Hall, co. York, a spendthrift and loyal line, from which pro-
ceeded William Radclyffe, Esq., Rouge Croix.
AND THE HEIRS-MALE TO DACRE OF GREYSTOCK, 143
we now return. Some of the latter history of Dilston will be found
under the memoirs of Sir Edward Radclyife and of Francis first Earl
of Derwentwater, elsewhere in this work.
JOHN ROWELL, als. RADCLYFFE, of Derwentwater, Esq., levied a fine
of his part when Sir George levied one of his, in 1552 or 3, and entailed
the same. By Catherine, daughter of .... Grimstone, he had an only
daughter and heir, DOEOTHY RADCLYFFE, who married FEANCIS DACEE,
Esq., a gentleman who was, or thought he was, pressed by poverty, as
we shall presently see. He and his wife aliened all their part of the
Derwentwater estates by fine and recovery in the lifetime of Sir George,
and Sir Francis questioned whether he was bound by such acts ; with
what result is not shown.
We now turn to the history of this Francis Dacre.
WILLIAM third LOED DACEE of Gillesland, Greystock, or the North,
the supervisor of Sir John RadclyfiVs will of 1530, died in 1563,
leaving four sons — Thomas, Leonard, Edward, and the above Francis.
THOMAS, the eldest son, fourth LOED DACRE of Gillesland, died in
1566, leaving issue — George, Anne countess of Philip Howard Earl
of Arundel, Mary, lady of Thomas Lord Howard of Walden, who
died childless, and Elizabeth, " Bessie with the braid apron," the
lady of the celebrated Lord William Howard, " Bauld Willie."
GEOEGE, the son, became fifth LOED DACEE of Gillesland,14 but died a
minor in 1569, his brains being " bruised out of his head" by the fall
of a vaunting horse of wood, upon which he meant to have vaunted.15
Upon this, his barony and estates (with the exception of some " ancient
Dacre lands") fell into coheirship among his sisters as heirs general.
The " ancient Dacre lands" and the heirship-male of the whole house,
went to their uncles in succession.
LEONAED DACEE, the eldest, was not content with these. He also
blamed the Howards for his nephew's death, stomached the turn of
things highly, and laid claim not only to the estates,16 but also to the
title. The same circumstances had occurred in his family at an earlier
14 1566 ? Leonard Bates of Welbury, Yorks., to Cecill. Held the manor of "Wei-
bury from the late William Lord Dacre, on condition of marrying Margery, widdow
of James Kyrton, and bringing up his son, an infant, which he had done, but was now
troubled by Bennett Chomelly for the possession thereof. Prays for undisturbed pos-
session during the minority of George Lord Dacre. — Col. State Papers.
15 Stow.
-16 The matter had probably been agitated in the young lord's lifetime. " 1566. Oct.
14. Declaration of the opinions and resolutions of Sir William Cordall, M.E., and
others, to the Duke of Norfolk, committee of the body of George now Lord Dacre of
Gillesland, touching the supposed deed of entail made by William late Lord Dacre."
— CaL State Papers.
144 HEIRS-GENERAL OF RADCLYFFE OF DERWENTWATER,
period. Thomas Dacre, an eldest son, had died in the 15th century,
leaving a daughter, the heiress-general, and two brothers, who took
Gillesland, &c., by virtue of a fine. The husband of the lady, Sir
Richard Fiennes (a quo the Lords Dacre of the South), and Ralph, the
elder brother, were alike summoned to the parliament of 1459. Ralph
died . attainted in 1461.17 Then Humphrey, his brother, claimed the
original barony against Fiennes. Edward IY. confirmed it in the latter,
but summoned Dacre as a .Baron in 1482, with place next below Fiennes*
Hence arose the Lords Dacre of the North. Whether Leonard merely
wished a collateral barony like that of Ralph, or an exclusive possession
of the dignity, does not appear ; probably the latter, as he claimed the
estates also-,
In 1566, he had been termed by his correspondent, the Queen of
Scots, "Dacres with the croked bake," and Baker says "though he
were crookt backt, he behaved himself valiantly." In the year of his*
nephew's death, the Rising of the North took place. He professed io
serve the Queen, and was even thanked for his service against the
rebels. But he used the troubles of the times for his personal advan-
tage. He held secret communication with the rebel lords, yet disap-
pointed their hopes. He seized upon the castles of Greystock and
Naworth as his own inheritance, and made the people believe that the
Queen's troops wanted to take his land from him. He gathered together
the " rank-riders of the borders," and those 'who were most devoted to
the " name of great reputation in that tract — the name of the Dacres"
He was called Lord Dacres, alleged that he had tendered his livery in
the court, and that it had been accepted, and ignored his brother's grants
beyond his life, as beyond his powers. Lord Scrope was baffled. He
had orders to apprehend him, but " by the force of this country he
is not to be touched. — I may levy a good number, yet very few will be
found to execute their force against a Dacre" "When he invited Dacre
to meet him to confer at Carlisle, Dacre pleaded the sores of his leg, the
extremity of a journey to Brougham, and an " outragious agieu" caused
thereby ; and, in fine, invited his lordship to a friendly dinner with him
at Naworth. Next Dacre feared the Scots, and would defend himself.
At last he fired beacons. Then came a proclamation against him. His
disloyalty was no longer in doubt. And as Lord Hunsdon was riding
to join Scrope, Dacre' s footmen "gave the proudest charge upon his
1T He seems to have acquired the old Dacre manors of Irthington, Dacre, Kirk-Os-
wald, &c., which on his attainder were bestowed on Lord Dacre of the South, whose
descendant, Thomas Dacre, forfeited them for murder in 1541. Kirk-Oswald was
purchased by Lord William Howard, who took some of its ornaments to Naworth.
AND THE HEIRS-MALE TO DACRE OF GREYSTOCK. 145
shot that ever he saw." Hunsdon turned with his cavalry and made a
deadly slaughter. Dacre fled from his horsemen, " like a tall gentle-
man," and rested not until he reached Liddesdale. "I took then (saya
Lord Hunsdon) his guyddown, with the Redd Bull which is the Lord
Baker's badge, which I trust the law of arms will allow me to bear —
and if it will please her Majesty to bestow Leonard Daker's land upon
me in Yorkshire, which was the Strangwyshys,18 1 shall be better able
to serve her." Lord Hunsdon caused possession of " Naworthe, Rocke-
laye, and other places of the said Leonard Dacres, to be taken for the
Queen's Majesty, and so delivered them to my Lord Scroope ; and hath
delivered the possession of Kirkeoswalde and Graiestocke to the Duke's
Grace's officer's hands, in the same state as they were, before Leonard
Dacres took them."
Leonard Dacre crossed the sea.19 He stood in King Philip's pension
list as next in rank and remuneration (100 florins a month) to the Earl
of Westmoreland and the Countess of Northumberland (200 florins
each) : and when in 1573 he died, the usual quarterings of the Dacres
were carved upon his tomb in St. Nicholas', Brussells, with the empty
style of Baron Dacre, of Gilsland, Brough, Barton, &C.20
EDWARD DACRE, 21 the next brother, shared his fate, and died in 21
Eliz. (1578-9.)22
FRANCIS DACRE, the youngest, waa now the male heir of his once
powerful race. He had been much connected with his brethren in their
acts,23 but when his brother Edward made entry to the houses, he gave
notice thereof to the Sheriff of Cumberland, and as soon as he perceived
active treason in Leonard, he left him and offered his service to Scrope.
Scrope certified this, and Francis escaped the fate of a rebel. Hi»
expectations were more moderate, probably his courage less daring, than
18 1558. Pleadings in a suit of intrusion, versus Win. Lord Dacre and Leonard
Dacre in the manors of Ekington, West Harilsey, Assulby, Upsall, Whawton, and
Heyton, claimed by James Strangways. — Cal. State Papers. See Ord's Cleveland,
p. 447.
19 His brother-in-law, Mr. Culpepper, fell under Archbishop Parker's notice as aV
senting himself from the communion, and was therefore cited to appear before him.
The Archbishop expressly tells Cecil that he has married the sister of Leonard Dacre,
no doubt a sufficient reason for strictness.
20 Sharp's Rebellion. See State Papers for 1575, vol. cv., No. 10, and cvi., No. 69.
Memorial touching the grant of lands belonging to Lord Dacre, and the agreement
between him, Lord Norreis, and Leonard Dacre. The Earl of Leicester's suit for
confirmation of the leases taken under such agreement.
21 See Sharp's Memorials of the Rebellion, 161. 1563. Particulars of Edward
Dacre' s leases of the parsonages of Plumpton, Bolton, and Langothbye, and of the
rectories of Kyrkeland and Camberton.— Cal. State Papers.
22 Nic. and Burn, ii., 351. 23 See Sharp, 161.
146 HEIRS-GENERAL OF RADCLYFFE OF DERWENT WATER,
those of his brothers. But he, too, called himself Lord Dacre, and as
to the estates, he was perhaps more really troublesome to the heiresses
than his bolder relatives.
All the Dacres followed the medieval faith. Philip Lord Arundel,
Lord William Howard's brother, who had married the elder coheiress
of Dacre, declared himself of the E-omish communion, attempted to go
to the continent, and was intercepted and thrown into the Tower.
Lord William, who had formerly offered to accompany him, was also
sent to that fortress. The Crown held a long and deadly grasp on the
large estates of the coheiresses, taking advantage of doubts and disputes,
and raising them when none existed. The following is Lord William's
own account of the affair : —
" Leonard and Edward Dacre, uncles to the Ladies Ann and Eliza-
beth, were attainted of treason by Parliament, by which means so much
of William Lord Dacre' s inheritance (their grandfather's) as was en-
tailed to the heirs-male, did escheat to the Crown, and to distinguish
what escheated by the said attaintures, and what of right descended to
the heirs-general, was the principal reason that moved the Lord Trea-
surer to urge (15 Eliz., in which year the late Duke of Norfolk died)
Mr. Lawrence Banistre [the Duke of Norfolk's law-agent, who had been
put to torture to make discoveries against him], to whom only the title
and state of the said Lord Dacre' s inheritance in the behalf of the heirs-
general was then known. And he, then remaining close prisoner in the
Tower, by the commandment of the Lord Burgeley, then Lord Treasurer,
writ a treatise declaring plainly the whole title of those possessions,
wherein appeared both his honesty in dealing and his sufficiency in
learning. At that time Anne, now Countess of Arundel, and the now
Lady Elizabeth Howard, the sisters and coheirs of George, late Lord
Dacre, were wards to the Queen ; and after they did accomplish age,
sued livery for the land, which they quietly enjoyed24 until 27 Eliz.
(1584-5), at which time the said Leonard and Edward were both dead,
arid Mr. Francis Dacre, their younger brother, as heir-male, by colour
of his father's supposed entail, entered upon the lands, claiming them
for his own. The Earl of Arundel and the Lord William Howard,
husbands of the said coheirs, defended their right, and kept possession
of the lands and houses. About Easter after, by the permission of Al-
mighty God, the said Earl of Arundell and his brother the Lord Wil-
liam Howard, were committed close prisoners to the Tower of London,
24 From their father's death, in 1565, to 1572, the income had been received by
Thomas Duke of Norfolk, as guardian. From that time to 1585, it had been received
for the co-heiresses.
AND THE HEIRS-MALE TO DACRE OF GREYSTOCK. 147
and their lands then in controversie, by the earnest suit of Mr. Francis
Dacre, sequestered from them." 25
The right to the inheritance was tried the same year. On March 6,
Mr. Edward Hansley (rector of Greystock, who had been presented by
the Crown in right of the wardship of George, the last Lord Dacre)
died. A caveat was entered by Francis Dacre, then of Croglin ; ano-
ther by the Earl and Countess of Arundel,26 who granted the advowson
to Wm. Cantrell, Esq., und a commission of Jus Patronatus was issued.
" Mr. Erancis Dacre, not omitting his advantage of time, prosecuted his
cause with great violence when both his adversaries were close prisoners,
in danger of their lives, and in so deep disgrace of the time, as scarce
any friend or servant durst adventure to shew themselves in their
cause ; nay, the counsellors at law refused to plead their title when
they had been formerly retained. Eriends were made, and letters were
written in favour of Mr. Erancis Dacre, jurors chosen of his near kin-
dred and professed friends. Sed magna est veritas, for even that trial
passed for the coheirs."27 The jurors gave their verdict on Aug. 16,
finding that the parsonage was appendant to the manor of Greystock,
that two persons pretended title to present to it, viz., the Earl of Arun-
del and his wife and Mr. Erancis Dacre, and that the former had granted
an advowson of the parsonage to William Cantrell, under hand and seal.
Seven of the jurors answered : — " That, whereas Mr. Erancis Dacre
made his title to the patronage . . by an entail supposed to be made by
his father William late Lord Dacre, which entail was impugned for
divers imperfections therein alleged by the counsel learned of "William
Cantrell ; yet we, by reason of other matter of record given us in evi-
dence, not entering into the consideration of the validity or invalidity
of the same entail, do find that William Cantrell hath right to present
to the church of Graystock for this time, as by grant thereof made from
the Earl of Arundel and Lady Anne the Countess his wife." The other
five answered more generally: — "That according to such evidence as
we have had, we find the right of the patronage of Graystock in Wil-
liam Cantrell, as in the right and by the grant of Philip Earl of Arundel
and Lady Anne his wife." So all twelve agreed in the main for the
title of William Cantrell, and Mr. Hugh Thornly, his presentee, had
the living in opposition to Mr. Henry Evans, the nominee of Mr. Erancis
Dacre. Nine years after, however, Mr. Thornly was again instituted
25 Howard Memorials.
26 There had been a partition of the estates between the heiresses.
27 Lord William Howard, in Howard Memorials.
148 HEIRS-GENERAL OF RADCLYFFE OF DERWENTWATER,
on a presentation from the Queen, to prevent any hazard, by lapse or
otherwise in the former title.28
When the brothers were released (Arundel being fined 10,000?. by the
Star Chamber), they presented a petition to Lord Burghley, claiming that
the trials might proceed without delay. In the mean time the cause
proceeded under different pleas, and on St. Peter's day, 28 Eliz. (30
June, 1586) the cause being debated at large, the Lord Chancellor,
Judges, and Queen's learned Counsell, were fully satisfied and agreed
for the title of the coheirs.29
In 1588 the Earl was again arrested, and in 1589 condemned, and
" Lord William again, upon a quarrel purposely picked unto him, was
kept close prisoner, but as soon as the office was found and returned, he
was presently set at liberty, so as thereby the whole world may easily
guess the cause of his close imprisonment ; thus was the Dacres' land
gotten from them, and the Queen colorably possessed thereof."30
Yet from this step Francis Dacre reaped no advantage. Driven to
desperation, his Radclyffe lands all spent before Sir George's death in
1588, he determined in 1589 to quit England. But before he left Eng-
land he wrote to the Queen, explaining his hard circumstances. Of his
letter (dated at Crogling, 17 Sep.) he sent copies to several of his ac-
quaintances. His forced departure is the first act wherein he might
hazard her displeasure. He is free from all disloyalty, whatsoever hath
been informed by his unfriends, whereof he has gained many by his
father's possessions, especially such as have been brought up by his
father from mean estate to be gentlemen, and now live in all wealth
and pleasure upon the lands that were his ancestors'. Their untruths
had taken effect with the council, whereby he has endured many and
great distresses, but never with her Majesty till now, upon whom,
under God, he has always trusted, and hopes still for performance of
her promises. His love and obedience to her have driven him to hard
shifts for maintenance, after all he had was spent, with the benevolence
of his friends, and to suffer such open injuries at his adversaries' hands
as the world may wonder that flesh and blood were able to suffer them.
Still in hope, he had made his last and most hard shift in selling
his house, at a great loss, to bring him up to the Queen ; but in the
mean time, within a week of his journey, her commissioners in the
survey of the lands have not only dispossessed him by virtue of a letter
from the Lord Treasurer by her command of all the tenements which
were returned to him both of the Graystocks' lands, and also of the
28 Nicholson and Burn, ii., 365. 29 Howard Memorials.
30 Lord William in Howard Memorials,
AND THE HEIRS-MALE TO DACRE OF GREYSTOCK. 149
Dacres', which were purchased and out of the concealment, but also
have earnestly demanded the rents again that he has received thereof,
a hard case that Arundel's attainder should forfeit his lawful possession.
He has no friends to further her Majesty's good meaning, but mighty
adversaries near her. Many are the delays for answer of his last peti-
tion at Easter, wherein he said he could not endure without speedy
relief. The rents of the Dacres' lands, which were the most part of his
maintenance, are received to her use without consideration of his poor
estate, and now his lawful possession of all the rest is taken from him
by another's fault. The Lowthers31 and Carletons, which never deserved
well,33 are like to receive of his ancestors' lands,33 gone, not by his
offence, and by his only life and his son's her majesty doth keep them.
His heart cannot endure such evil men as they, maintainers of theft, of
notoriously bad behaviour, who have concealed her majesty's title these
20 years, and would have done so for ever, if his adversaries' right had
proved better than his. They made means for a composition with them
to defraud her, which if he had done he would have made a better match
for himself than he has done as the case standeth. And now they are
so liberally dealt with. His title is clear to Strangwaies' lands, but
considering the interest of my Lord Chamberlain and Sir Thomas
Scisell's son in those lands with her, he must let them rest in their
hands that have no right. All that were towards Arundel and Lord
"William do receive credit and commodity of those lands. All that were
with him are displaced of their offices with most hard speeches. He
has the last penny of maintenance that ever he can make. The debt he
is in is great. He has no shift left whereby to live. To beg he is
ashamed. To work he cannot. To want he will not. He must seek
for maintenance where he may with credit gain it. He will employ that
little that should have brought him to attend upon her majesty, to cany
him elsewhere. He has taken his son, for he has left him nothing to
tarry withal. His daughters he commits to God's provision. He ends
with a prayer for toleration of so forced and unwilling a departure, and
will daily pray for his queen's long reign.34
Such were the contents of Dacre's letter. His intention seems to have
been carried out, and it was probably at this time that he was attainted,
as his name does not occur in the attainders of 1570. He was still in
31 After this letter, in 1597, Richard Lowther, Esq., of Lowther, bad the grant of
an avoidance of Greystock rectory,
32 Yet we shall find Francis in league with a Carleton in the next r<n<*n.
33 The ancient entailed lands.
34 Nicholson and Bum, ii., 353.
x
150 HEIRS-GENERAL OF RADCLYFFE OF DER WENT WATER,
Scotland in July 1599, when he called himself Lord Dacre, and had sent
for his son out of the Low Countries into Scotland, and 150Z. to pay
his debts withal. There can be no doubt, therefore, that his loyalty
had at last given way to his necessities. "If he inherit no more
land from his father, he will be a poor lord." a
Meanwhile the Queen, whether under the mere cloak of Arundel's at-
tainder, or on the new treason of Francis Dacre, kept a firm hold upon
all the Dacre estates. In 1595 Lord William justified his conduct, and
denied having made any application implying distrust in his title. It
was in vain. After Arundel's death in the Tower, his widow had to
join with Lord William to recover her own estates and her jointure, and
they eventually were compelled to purchase their own lands in 1601 for
10,000/., but in the names of Mr. Edward Carrill and others, "because
they would not in any sort prejudice their own right." The grant was
also confined to the adverse claims of Francis Dacre, " until and so long
as there should be an heir male of the body of Francis Dacre, esquire,
late attainted of treason, in full life."36
Elizabeth died. Once more the harassed Dacre might look for relief.
But the Howards, true to the new King's mother in her dark downward
career, had strong claims upon him. The title to the peerage came un-
der notice the first year of his reign, and the Attorney- General had
instructions to draw up a grant of the baronies of Dacre of Gillesland
and Greystock to the Countess of Arundel and her heirs, as coheir to
her brother the last baron, with remainder to Lord William Howard
and his heirs by her younger sister Elizabeth.37 A shade continued
upon the male heir of Dacre. His enemies the Cecils were still in
power. In 1605, after the Gunpowder Plot was discovered, Sir Edward
Coke's interrogatories for the examination of Guy Fawkes were indorsed
with a query whether Edward Neville, titular Earl of Westmoreland,
and the titular Lord Dacre were connected with the treason. Both
gentlemen escaped taintless. The sequel of the history of Dacre ap-
pears in the following representations among the Badclyffe papers at
Greenwich hospital.
35 Sharp's Memorials, 223.
36 Nic. and Burn, ii, 351.
37 S. P. Cal. 1603, p. 61. This grant does not appear to have been completed.
There has indeed been an idea that the abeyance of the barony of Greystock was ter-
minated by the Crown in favour of the Arundel line ; but as to that of Dacre, Lord
William's great grandson, Charles Howard, was created Baron Dacre of Gillesland by
patent, in 1661.
AND THE HEIRS-MALE TO DACRE OF GREYSTOCK, 151
15° Augusti. 1614. — A TRUE DECLARATION OF THE PASSAGES BETWEENE
THE COUNTESSE OF AfiUNDELL AND THE LORD WlLLIAM HOWARD ON THE
ONE P ARTIE, AND MR. ERANCIS DACRE ON THE OTHER SENSE. ANN. 1607.
About Michaelmas, 1607, Anno 5 Regis Jacobi, Mr. Francis Dacre
sent for Mr. Daniell Pullen, and by him made a voluntarie offer to my
Ladie of Arundell and my Lord to releasse to them his claime or title
he pretended to suche lande as they then injoyed ; presuming of their
kindness and best assistance in obtaining out of the crowne for him the
ancient Dacre landes forfeited by his brother's and his attentures.
The offer, as it proceeded voluntarie from him, soe at that time it came
to them unexpected : yet the demand soe verie reasonable, as they had
uoe reason to refuse the same.
Uppon returne of some messages betweene them, uppon noe other
conditions but onely a note in paper under their handes promissing to
doe their best indeavours on his behalfe by thereselves and friendes
for those ancient Dacre landes, he releasced to them all his title
of all such landes as they possessed in the county of Cumberland,
Westmorland, Northumberland, Yorke, the cittie of Yorke, Saloppe, and
Bishopperick of Durham, with a covenant to make further assurance
uppon demaund during five yeares, be it by fine, feoffment, recoverie,
&c., as by the said releasse dated 10° October, the yeare abovesaid, under
his hand and seale and enroulled appeareth. At which time he also
levied a fine of all but the landes38 in the Bisshoppericke of Durham,
which was after to be executed at Durham (for the Bishopp's special!
allowance was to be had) and soe could not then be performed at
London.
Having thus farre proceeded (noe waie distrusting his further perform-
ance) they did their best indeavours to get him those ancient landes ;
brought him to the then Lord Privie Sealle and Lord Chamberlaine,
who promissed him their best helppe therein ; preferred his suit, and
drave it soe farre as they could, but in trueth the laite Lord Treasurer
Salisburie, hating Mr. Dacre mortallie, chienie it is thought for some
courses he ran with the lait Earle of Essex, in the lait Queene's tyme,
while he lived in Scotland, would by noe meanes suffer the suite to take
success, but with all violence crossed the same. Faylling herin, my
Lady of Arundell and my Lord tooke the next best for him, procured
for himself, his wife, and sonne, an annuite of 350Z.39 per annum, and
the annuitie of 250Z.40 per annum, formerlie given to his daughters by
the late Queene, alsoe confirmed to them. To this, voluntarie of there-
selves, they did contribute unto him 3 or 400?. in money, and have
yearely since given him 100?. out off free bountie, being not hereunto
tyed, but onley during pleasure. At that tyme also, at his request,
38 Brereton manor, Nesham manor, and the manors of High and Low Coniscliff.
39 1608-9. Feb. 12. Grant to Francis, son of the late Lord Dacre, a pension of 2001.
per annum, with 1QOI. per annum to Alice his wife, and 50/. to Randal his son. —
Cal. State Papers.
40 1607. Aug. 15. "Warrant to pay to Elizabeth, Frances, and Ann Dacres, daugh-
ters of Francis Dacres, their pensions of 501. per annum each. — Gal, State Papers.
152 HEIRS-GENERAL OF RADCLYFFE OF DERWENTWATER,
they procured him a protection from aresting in soe ample maner as
Mr. Sergeant Hutton, his owne counsaill, directed the same ; and, after,
my Lord himself, by such means as he procured, renewed the same pro-
tection for him after the former was expired.41 He also sent to him and
offered him Croglin, which he scornefullie refused, albeit he hath sence
lett the same at an under value for 40?. per annum, reserving the wood
and timber, and the house did formerlie content him, as alsoe, before
him, his father's uncle, Sir Christopher Dacre. Likewise after he had
bought Kirckoswold Castle, to save it from devasting,42 he was willing
to have bestowed that uppon him, which he refused, alledging that he
had resolved never to come into Cumberland, except he might obtaine
the ancient landes and dignities of Lord Dacres, which answere he allso
returned him when my Lord offered him his part of Corkby, for which
he paied to Mr. Henrie Blenkinsoppe almost 800?., and for his interest
in Kirkoswold he hath bin offered above 500?. My Lord alsoe gave
him, besides his annuitie, 100?, in Michaellnias tearme, 1612, being
then in distresse as he seemed ; before which time he had caused him to
be often moved to levie a fine according to his covenant of the Bishopp-
rick landes. Sometimes he desired to deferr it untill he came into the
countrie ; att another time he tould my Lord his sonne Anderton dis-
wadcd him from it, which seemed strange to my Lord, because Mr.
Anderton had bin formerlie with him and tould him he was determined
to levie the fine. But when my Lord sent his servant to him at sum-
mer assizes gone a yeare directly to have him to acknowledge the same
at the said assizes, according to his covenant, he did then flattly refusse
to performe it ; saying, he had vowed never to doe it, unlesse my Lord
would undertake to procure his annuitie to be confirmed uppon his
sonne after his death. Wherupon my Lord resolved that he would
never give him 6d. to doe that which he had bound himself unto by his
hand and sealle. Uppon this occasion he forbare his benevolence of 50?.
per annum ; but it must not be omitted that, the last tearme, Mr. Ander-
ton tould my Lord, he had a letter from Mr. Francis Dacre acknowledg-
ing under his hand that he had promissed my Lord to levie the fine of
the Bishopprick landes. My Lord, uppon hearing some injurious reportes
that have bene given abroad, delivered in effect what I have here
related, but concluded word for word himself as followeth :-^
Charitie and conscience bindes all men, especiallie such as are, or
should be, lanternes to give light to others, to walke in a right path, to
forbeare to censure in anie controversie betweane partie and partie, till
the accused be heard in his owne defence. I tax none bycause I know
none in particuler, but in generall I am charged, and in generall I have
41 In 1608 he received protection for a year. — Privy Seal Records, per Sharp.
42 1610. June 28. Grant to Sir. "Wm. Anstruther of all the materials of the decayed
castle of Kirk Oswald, co. dumb., also lease of the land on which the castle stands,
the gardens, &c. Nov. 16. Lease to Owen Shepherd and John Dudley, at the suit of
Sir Wm. Anstruther, of the decayed castle of Kirk Oswald, the previous grant of it to
Anstruther being called in question, because he is an alien and no denizen. — CaL
State Papers.
I presume that Lord William purchased Kirk Oswald for Anstruther's term, for he
only speaks of his interest in it.
AND THE HEIRS-MALE TO CACHE OF GREYSTOCK. 153
declared the trueth of my proceedings. Yf I weare dispossed nowe to
change my habit, and become from an accused an accuser, I could
toutch Mr. Francis Dacre with a strange plott and course intended by
him against me, the last tearme at London, if God the just judge and
author of all justice had not mightilie protected my just cause, contrarie
to the expectation of my adversaries. I conclude in silence and charitie.
Man determineth, and God disposeth.
CONCERN INGE THE PROCEEDINGE BETWEEN THE RIGHT HONORABLE THE
LORD WILLIAM HOWARD AND MR. FRANCIS DACRE. An. Dom. 1614.
1 . That Mr. Francis Dacre did release to my Lady of Arundell and
Lord William, &c., himselfe denieth not; whether offred by him or sought
for by them is nowe the only question. He barely denieth that he sent
Pullein to them, and bindeth the same with a deepe protestacion ; the
affirmative wilbe mainteined by some yett living to whom Pullein com-
plained whiles he was in management of those affaires, that he was
much wearie and tired with Mr. Dacre' s importunitie and continuall
sending for him to speake with him and imploye him therin. And
note that Mr. Dacres in the next article followinge acknowledgeth that
his wants and dispaire to prevaile in his suites forced him to release to
the said Lady of Arundell, &c., but doth not charge them for seeking the
same of him.
2. Mr. Dacre had taken, and by the king's expresse commandment
had delivred upp the possession of Kirkoswald Castle before the Lady of
Arundell or Lord William did ever dreame thereof. No man will
imagine while Mr. Dacre stood in opposition with them that eyther of
them would be so simple as to give him any furtherance in his suites,
wherby he might be enabled to sue or trouble them ; yet that the Lord
Win. should after confesse to him that they weare the meanes to dis-
possesse him of Kirkoswald, as it most sencelesse that they could doe it,
so is it most false and untrue that evere the Lord William did so con-
fesse unto him.
3. Mr. Dacre in the 3 article would have the 2 precedent admited to
be true (which maye not be, seing they are both most false), and then
appelleth to the indifferent judg whether his release was voluntary or
driven unto it by extreame want. The other side is not to examine
what particuler or inward motives moved Mr. Dacre to release, but to
meinteine the first assertion, that when he did release he voluntarilie
offred them, and they sought not him, and till he produce better proof e,
or, at least, some probable circumstances to make good his former bare
protestacion, it shalbe cast to the indifferent judg to whom he appealleth,
as now it standeth to decide and determine.
4. For a note under their hands lett the same be viewed, and their
accusations therin duely examined, whearin it shall apeare that they
have beene very precise in observing to him, till he brake promise and
covenant to them contrarie to his hand and seale. Whear in his answer
to this pointe, he chargeth them that they promised him to gett him a
graimt of the ancient Dacre lands formerly given him by the Kinge, and
154 HEIRS-GENERAL OF RADCLYFFE OF DERWENTWATER,
by their procurement recalled, lett him looke on his noate and produce
the same to open vie we ; and if any such thinge be in the same, all other
parts of his declaration (as he calleth it) shalbe acknowledged to be true,
yf otherwise, lett him with shame confesse his error and his immoderate
passion be pleaded for his excuse. Tor any others his suittes they per-
formed justly for him so farre as their power extended accordinge to
their promise, but the exceding hatred of the late Treasorer Salysbury
conceived against him crossed all mocions of his preferment, the cause
therof by most liklyhood best knowen to Mr- Dacre him selfe.
5. For the money bestowed upon him, the certeine somme can not
without great labour and search of sundrie books be of the suddeine ex-
actly collected. When it cometh to a strickt reckoninge Mr. Dacre will
not prove the best auditor.
6. Mr. Dacre' s sundrie requests and propositions to them must not
stand and be accented for promises made by them, all that ever they
promised he hath under their hands, which was not absolute, but re-
strained to do their best indevour by their friendes, which they per-
formed really and so farre as their power extended, and the contrarie he
shall never prove ; all others promises they absolutely disclaime. For
renewinge his pencion to his sonne by the Commissiouners for the office
of the Lord Treasurer, lett him call him selfe to remembrance yf when
he first moved my Lord William therein, he did not dissuade him from
it as a tyme then unseasonable, and that after he went to the Lord
Woton who (as he saied) did incourage him in the procedinges, yett being
one of the Commissiouners did refuse to shewe him selfe therin on his
behalfe. The petition being preferred, the then Lord Privie Seale and
Lord Chamberlane used him with the best respect of all the companye,
(as Mr. Dacre him selfe did presentlie after acknowledge) butt his suitte
being out of their commission to graunt was referred to his Majestie,
whean Mr. Dacre leaft it and persecuted it no further, being at that
time in dispaire to prevaile. The Lord Wm. no waye then under-
taking the businesse for him, for yf he would have ben advised
by him he should not at that tyme have preferred his suitte, in
which, as in many others, the Lord Wm. is most wrongfully burdened
and charged. Oportet mendacem esse memorem. Mr. Dacre first
forgeteth his covenant under his hand and seale to make further
assurance, and next remembreth not his letter dated at Cochein, 17
Decembris, 1610, which was before the death of Treasurer Salisbury,
written evey worrde with his owne hande to the Lord Wm. Howard, in
which verbatim as followeth : — " I have, according to the aggreement,
made release of svhat was in your Lordship's possessions, which I pre-
sume have been sufficient. But your Lordship requestinge an other
fine for lands in Bishopprike, I supose some deffect in the former, these
are therfore to resolve your Lordshipp that yf any other fyne for these
lands be necessarie, I ame and will be ready to acknowledge the same
in this countrie, when your Lordshipp wil call it upon me." Howe he
after performed this can be best testiffied by Mr. Lancellott Skellton43
43 1608 ? Ill conduct of Lord William Howard in encouraging recusants in the
North. Skelton of "Wetherall, a dependant of his, took the sacrament at Easter, but
AND THE HEIRS-MALE TO DACRE OF GREYSTOCK. 155
and Wm. Bowman, the one his ancient frend, the other his ould servant,
in whose presence he flately refused to levie the said fine, affirming he
had vowed the contrarie, unlesse the Lord "William would assure his
sonne 100Z. per annum during his life, or els procure his pencion from
his Majestie, to be assured upon his sonne. By this it is evident that
his vowe is against his covenant under his hand and seale, and contra-
dictorie to his voluntarie offer, under his owne hand writtinge. Howe
small creditt is to he given to any part of his declaracion (as he tearmeth
it), or to the deepe protestacion he takes in answere to the first article,
and howe weake a pillar his sonne hath to relie upon after his death,
which he pretendeth to be a cheefe motive of his declaracion, I leave to
the judgement of the world, and the censure of any indifferent and
understandinge person.
7. Lett Mr. Anderton and his wiffe writte what they please, it shalbe
affirmed by their betters that the Countess of Arundell and Lord William
weare meanes to renewe his daughter pencions, and yf Mr. Anderton
will affirme under his hand yf he did not in Trinitie tearme, 1614, tell
the Lord Wm. Howard that he had a letter under Mr. Dacre hand, that
he promised to the Lord William to levie a fine of the Bishopprike
lands, then shall it be plainely proved to the shame of them both. Till
Mr. Ander ton's hand be shewed, it will not be beleeved that he will denye
so manifest a truthe, but it is rather conceived that Mr. Dacre maketh
bold in this degree to wronge his sonne in lawe for his owne advantage,
which is not the fyrst tyme he hath used him so (yf reporte be true).
Howesoever maters stand betwene Mr. Dacre and his sonne in lawe, it
is most evident by his letter, under his owne hand, 1610, above men-
cioned and ready to be shewed as occasion shalbe offered, he did then
absolutely promise that which nowe he peremptorilie denieth.
8. Kirkoswald Castle, Corkeby, and Crogling, weare all more freelie
and kindlie, not skornefully, offred to Mr. Dacre then he deserved, to
no bad end, thoughe proudly and unadvisedly refused, and ungratefully
interpreted and rejected by him, howsoever for one of them his refusall
now cloaked with a shewe of scrupule of concience.
9. Lett Mr. Dacre surmise what best pleaseth his owne fancie; what-
soever the Court of Wardes determineth in the minoritie of the "Wardes,
doth no waie binde them after livery sued ; as things never before heard
of nor materiail to the matter nowe in hande, they maie for this tyme
passe in silence. But Mr. Dacre might observe that my Lord Montague,
being his brother in lawe,44 and a principall mainteiner of him in his
suittes, could not be accepted of for an indifferent mediator in this busi-
nesse, much lesse my Lord Lumley who was then the onely man that
the Earle of Arundell did account his principall adversarie, and the pro-
curer of the displeasure his grandfather Henry [Fitz-Alan], then Earle
spat it out. Lord William's servant erected a lord of misrule at Christmas last, who
disturbed the congregation at Hampton, Westmoreland. By his influence at Court
he overrules the course of law in the North, and is aiming at the sheriffwiek of West-
moreland, that he may have a sheriff of his own faction. — Col, State Papers.
44 Anthony Brown, Lord Montague, married one of Dacre' s sisters for his second
wife.
156 HEIRS-GENERAL OF RADCLYFFE OF DERWENTWAT ER,
of Arundell,45 had towards him, by which he gaineth to himselfe the most
parte of the said Earle's possessions, which discontentment betwene
the said Philip Earle of Arundell and Lord Lumley, did continewe in
extreame bitter teannes till after the tyme mentioned and supposed in
Mr. Dacre's declaracion, at which tyme the Lord William was newly
come from Cambridg, and not 16 yeares of age. For further answeare
to this article observe Mr. Dacre owne confession in the next 10
article, which I doute not will satisfy e any indifferent reader, viz : —
10. That howe soever in his letter to them he demaundes their con-
sideracions uppon the former surmises, yett when they denied his de-
matmd, and weare contented to bestowe 1001. per annum on him, of
their countie, at their will and pleasure, he did willingly accept there-
of, &c.
11. Mr. Thomas Addis, a surveior, then dwelling about Drewrie
Lane, did the last yeare, and will still affirme and prove, that he was
earnestly intreated and dealt with to interteine in his house and sojorne
Mr. Francis Dacre, who was come to London, and went to staie ther,
aboute to prosecute causes against the Lord "William Howard, and to be
a suttor to his Majestie against him, and howe farr then he did irnbarke
himselfe with the Lord of Hunsdon, is best knowent to himselfe and
not all together unknown to others. Neither will Mr. Dacres wippe
this blemish awaie so easelie with an untrue surmise and sleight instance
of a former assumption cast uppon him that then failled in proofe, for
seeing he will have the worlde knowe more than some weare willing to
publishe; first omitting the practice that he, Mr. Tho. Salkeld, and
others hadd platted by force to take the Lord William Howard in his
bedd at Brampton, coming thether to keepe court, it maie be uppon due
examination there is more knowen and more apparent proofe therof from
some of the actors themselves, imployed by Mr. Dacre him selfe, then
is imagined. Secondly, Lancellott Carlton did practice with Mr. Dacre
well affected freindes and followers, to shoote the Lord William with a
pistolle, is plainly confessed by diverse, and openely acknowledg uppon
oath of one the principall agents at the generall assisses at Carlile, 1612,
before the Justices of Assisses and all the countie ther assembled.
Thirdly and lastly, that Lancellot Carlton did after that practise againe
against the Lord Win. Howard, with some of Mr. Dacre's most neere
and deere freindes, and Mr. Dacre him selfe was accointed therewith,
thoughe perhapps with no ill intention at that tyme to the said Lord Wm.
Howard. Littera scripta manet.
After Mr. Dacre had made his conclusion, affirming and denying all
uppon his bare word and large protestation, without any other testimony
or proofe, being no good or authentik evidence in his owne cause, he
addeth with an " Also," a 12 article, but not of the creede no more then
the precedente, wherein he affirmeth all convenantes to be fully per-
formed on his parte, referring himselfe to his release, which, for all the
doubt he maketh, is ready to be shewed, and by the very viewe thereof
45 Who had two daughters and coheirs, Joanna, the wife of John Lord Lumley,
by whom she bad no surviving issue, and Mary Duchess of Norfolk, Philip Lord
Arundel's mother.
AND THE HEIRS-MALE TO DACRE OF GREYSTOCK. 157
will appeare to be inrolled as hath been affirmed. And for a finall ende
and full conclusion of all the controversie, setting aside any more re-
plyes, rejoinders, or other tedious and needlesse discourses in writtinge,
the only uppshott, yssue, and closse shalbe in the judgement of indiffer-
ent men of understanding and knowledge, uppon full viewe and consi-
deracion of Mr. Dacre's said release, whether he hath performed all
convenantes on his parte or no : yf he have, all that he hath said is true,
and the other side hath done him most apparant and open wronge and
injurie : yf he hath not, lett him ask Grod forgivenesse, and latt all others
that have any thinge or nothinge to do in these affaires, whether it con-
cerne them or concerne them not, be sparring in their censures, and bee-
leve charitably till the trueth be tried, and ther appeare just cause to
the contrarie.
There can be little doubt that we have here the composition of Lord
William himself.
The close of the titular Lord Dacre's history does not appear, but
he lingered out his existence until 8 Car. I., 1632-3. In 1634, the
burial register of Graystock contains the entry of " RANDAL DACRE,
Esquire, sonne and hyre to Francis Dacre, Esquire, deceased, being the
youngest sonne of the late Lord William Dacre, deceased, being the
last hyre male of that lyne ; which said Randal dyed at London, and was
brought downe at the charges of the right honourable Thomas Earle of
Arundell and Surreye, and Earle Marshal of England." The rest of
the family probably settled at Chester-le- Street. Dacre makes no men-
tion of a wife, in his letter of 1589, to the Queen, but only of his son and
daughters, and we may suppose that Dorothy Eadclyffe, whose inheri-
tance was dissipated before 1588, had ceased to sorrow. In 1609 the
wife receiving a pension is called Alice. With respect to the daughters,
Lord Wm. Howard says that a pension of 2501. was awarded them.
15QL of this is accounted for in the grant of 1607, which mentions
Elizabeth, Frances, and Ann, each of whom received 50?. Mrs. Ander-
ton would probably be a fourth daughter, and the fifth is found in Mary,
who is said to have lived to a very great age, and to have died child-
less.48 Frances accounts for the burial at Chester-le- Street, on 19 Feb.,
1632-3, of "Mrs. Frances Dacres, al. Frances L. Dacre." 47 Mary, be-
fore her good old age, had to pass through an adventure. She, " borne
of noble blood and parentage," eloped in the night time, in 1635, from
her mother's house in Chester, with Marmaduke Hedworth, and married
him at Thornaby, in Cleveland. They soon separated, and Marmaduke,
for profaning the ceremony of matrimony, he being under precontract
*6 NIC. and Burn, ii., 351. 47 Surtees, ii., 146.
158 HEIRS-GENERAL OF RADCLYFFE OF DERWENTWATER, &c.
with Margaret Key, whom he had seduced, was fined 1,000 marks, had to
make confession, was excommunicate, and imprisoned three years. And,
(thoroughly unable to trace the heirship-general of her father, or of the
Radclyffes of Derwentwater), with so grievous an insult to the fallen
house of Dacre, we conclude this imperfect sketch of its last days.
W. HYLTON DYER LONGSTAFFE, F.S.A.
had married the coheiresses of Martindale, were also attainted for joining Leonard
Dacre, and that their estate at Grinsdale was granted to Whitmore, who conveyed to
Dacre of Kirklington, who already possessed the rectory of Grinsdale. — Nicholson and
Burn, ii., 227. The Dacres of Kirklington were formerly named Appleby, and are
descended through an heiress from Sir Thomas " Bastard Dacre" of Lanercost, an
illegitimate uncle of Leonard Dacre. — Ibid., 501.
f4-f The dispute concerning the Strangwayes lands arose in a disposition of Sir
James Strangwayes, the last male of his race, whose mother was a Dacre. See the
circumstances in Hodgson, ii., 380.
**# William Lord Dacre " growing discontented with himself for entangling his
estate . . grew distempered in his brain, and so till near the time of his death continued
in a dull melancholy, I will not say frenzy. By the said intended entail he. .sowed
the seed of dissension betwixt his own children . . .Yea, he himself conceived so great
dislike of his younger sons, Leonard, Edward, and Francis Dacre, who drew and per-
suaded him to that unfortunate course of entailing his land, as they coming unto him
lying upon his death bed, and desiring his blessing, he, in the bitterness of heart and
detestation of their former sinister practice, left among them, instead of a blessing,
the curse that God gave Cain, which every one of them hath happened too truly to
feel." — Lord William Howard, See Hodgson, ii., 380.
159
EXTRACTS FROM THE ACCOUNTS OF THE STEWARD OF
SIR FRANCIS RADCLYFFE, BART., AT DILSTOtf, FROM
JUNE, 1686, TO JUNE, 1687.1
1686.
June. — Given to a man that brought a young roe buck, per my mas-
ter's order, 5s. — Mrs. Mary Brabant,2 in full of her whole yeare's an-
nuity, due at Pent., 21. — Ann Muschamp [the like], 5?. — Richard
Teasdale of Slealey, high constable, in full of ann assess for the militia
for trumpetts, drums, &c., laid on by act of parliament in the 15th yeare
of our late Soveragne Charles the Second, att 3s. 4^. per U. on the lands
of Dilston and for accquit., in all 7s. — Magnus Cuningham,3 in full for
a bay horse which Mr. Millor bought of him for draweing in the drought
att Dilston, 31. 10s. — Mr. George Forster of Bollam, one halfe yeare's
rent due at Pent, last for Meldon Rectory, 61. 13s. 4^. : more to him for
the tenths of Meldon Rectory, as appears by John Mitford's accquittance,
and allowed by Sir Francis, and for the parator and accquit., in all 11s.
l^d. — John Pigg of the Lynell Wood, for a bull bought of him to serve
the cow stents att the High Wood, lett there this yeare, II. 9s. — Madam
Mary Radclyffe, for the house use at Dilston, 201. — Mrs. Eliz. Park, her
whole yeare's wages, 41. — Tho. Radclyffe,4 for a letter for Sir Francis,
3d. — Mr. Wm. Radclyffe's nurse, in charity, by Sir Francis' order, 5s. —
Mr. George Jordan, in part of money due to him for building the new
bridge over against the Roe Park wall, 61. — Four chistes for the young
pheasants, and one chist for Hogort's firits, and other worke, II. \d.
July — Mr. Wm. Radclyffe,5 his halfe yeare's allowance, due at Pent.,
2QI. — Mr. Athur Radclyffe [the like], 20J.— Madam Mary Radclyffe
[the like], 201. — Mr. Miller, for sythes, wayne-ropes, hallters, trases,
ox-bo wes, and weeding clipps, all belonging to husbandry, IL 5s. — In
charity to 5 seamen, 6d. — Mr. William Widdrington, for out rents for
Buteland and Bywell Castle, for one whole yeare, ending att Mich, last,
1 These accounts have come into Mr. Fen wick's possession since the classified ac-
count for 1681-2 was printed at full length, in the Memoir of Sir Francis Radclyffe.
They do not descend into the smaller items, and it is unnecessary to print them in
extenso.
2 Bequeathed hy Sir Francis Radclyffe's mother, Lady Eli/aheth, in 1668.
3 The gardener at Dilston.
4 A servant of the house at 4:1. wages.
5 The allow ances to the two youngest sons and a daughter of Sir Francis.
160 HOUSEHOLD EXPENSES OF
17s. Sd. — Given by master's order to Mr. John Collingwood, in charity,
5s. — Carriage of 26 futher hired coales, att 2s. 6d. per father, 3?. 5s. —
Mr. John Clenell, for one halfe yeare's rent, due at Mich, to Charles
Duke of Somersitt,6 for Midleton Hall, 12s. Id. : more to him for one
whole yeare's rent, called the vicandale rent, due Mich, for Midleton
Hall, 10s. : more to him for a white rent due to the castle of Bambrough,
for a halfe yeare, due at Mich., 6s. 6d. — Edward Selby, his sister's halfe
yeare's annuity, due att Whitsontyde last, which Sir Francis was pleased
to give her in charity, 10s. — Mr. Roger Midford, as by his bill for to
returne to Mr. Tho. Radclyffe7 att Boom, 81?. 4s. — Jos. Bittleston, for
smelting of lead, carriage of lead-oare, choping chopwood, and other
things belonging to the lead mill, 81?. 19s. 4j<i : more to him for the
carriage of 85 foder and 6 peece of lead from the Woodhall lead milne
to Dilston, from June 28 till July 26, at 3s. Qd. per foder, 14?. 18s. 9f<Z.
August. — Mr. James Nicholson of Carlile, for one whole yeare's rent,
due at Lamas, to the Dean and Chapter of Carlile, for the tythes of Lor-
bitle and Dilston, and for accquits. (8rf.), 9?. Sd. — Mr. Ashmall,8 one
quarter's salary, 3?, and paid him more 15s. IQd., which he hade laid out
more then 40?. when the two young ladys9 went to Lovaine. — "Wm.
Smith, for 1,160 oysters, att ISd. per hundred, which he bought last
Lent, 17s. 3^?. : more for halfe a yeare's rent out of Scremerston, to Sir
Tho. Haggerston, att St. Cuthbert day in March, 1?. 10s. — Sess for re-
paireing the militia for the High Wood and Green Lands, in Sir Francis'
hand, Qd. — Mr. Gawen Preston, uppholsterer, for 2 dossen sett worke
chaires, att 7s. a pece, at charges 2s., 20?. 10s. — Margret Browne, her
halfe yeare's annuity,10 due at Pent., 10s. — George Emerson, collector
of the chimney money for 22 fire hearths in Dilston House, due att Lady-
day, 1?. 2s.
September. — Lent to John Heron, Esq., 20?., for which he gave his
bond, and it is in my master Sir Francis his hand, and payable at Pent,
next, 20?. — Lent att the same tyme to George Jordan and John "Whit-
field, massons, 19?., for which they gave their bond, and it is in master's
(Sir Francis) hand. — Mr. Midford's charges and Tho. Errington's at
Durham, when they paid the Dean and Chapter's rent for the corne
tythes of Norham. — Mr. John Simpson, for one yeare's rent due to the
Dean and Chapter, for the corne tythes of Norham parish, and for ace-
quit., 6^?., 60?. 6d. — Paid att Newcastle, by the appointment of my mas-
ter Sir Francis Radclyffe, Bartt., to Mr. Edmund Aston of the citty of
London, 1,300?. for the morrgage of the lands of Old Bewicke, New
Bewicke, and East Lilborn, and the writeings for these lands is in my
master Sir Francis' owne hand.
6 " And his Dutchess." ' (Next payment.)
7 The Baronet's third son, "sometime a Colonel in the British service." At the
date of the account he was 28 years of age. He died unmarried.
8 Ferdinando Ashmall, a priest.
9 Catherine, the Baronet's second daughter, who died 1746, was one. The other
sister must have been Elizabeth, the third daughter, for the eldest was married, and
Lady Mary, the youngest, was at Dilston.
10 Bequeathed by Lady Elizabeth Radclyffe.
SIR FRANCIS RADCLYFFE, BART. 161
October. — Mr. Serjeant Jefferson, for keeping courts and standing
counsell, as by acquit, for his sallary due at Michalmas, 10?. — Pd. Mr.
Hayles,11 which he paid to Tho. Heron of Corbridge for 2 baliffes' fees
for a warrent concerning the highwayes between Corbridge and Dilston,
which my master was fined for att Hexham sessions, 6s. Sd. — Ann
Swinborn,12 her halfe yeare's annuity, due att Pent., 21 10s.— Mr. Tho.
Butler, his halfe yeare's wages, due att Lamas, 31. — Sir Eobert Fenwicke,
one halfe yeare's rent for lands in Kewlands and Farle, due to Catherin,
Queen Dowager, att Michaelmas, 21. Is. 2d. — Mr. John Jenkins, for one
halfe yeare's fee farme rent, viz., "Whelpington rectory, 61 6s. 8^., Spin-
dlston tyth, 21. 13s. 4d., land in Spindlston, 3s. 4d., Broxfeild tyth, 2s.,
Shaftoe tyth, 21. 10s-, land in Temple Thornton, 17s. 2d.} Abbey Side
in Alnwicke, 3d., Hartborn rectory, 51., AmbellHall corn tyth, 31. Is. 3d.,
Ambell cole mynes and Cunygarth, II 9s. 2d., land in Wooley, ll 3s. 4d.,
Westwood, 31. 13s. 4d.} for rent due to Sir Samuel Dash wood, knt., Tho.
Lewes, and Edward Neel, Esqrs., at Michealmas ; in all, 26/. 19s. 10^. —
Mr. Ben. Carr, for Aydon Sheels and appurtenances, 21. 9s. 8^., Coastley
and appurtenances, 21. 19s. 2%d., Edsbush, 2s. 5d., Gare Sheel, 2s. 6d.,
Turfe House, 2d., Whinitley Mill, 13s 4d., for halfe a yeare's rent due
to the Queen Dowager att Michealmas, 61. 7s. 3%d. — Thomas Heron,
taylor, for a pair of britches for my master Sir Francis, 21. 14s. 2±d.—
Mrs. Margrett Gaire, her halfe yeare's wages, 21. 15s — My Lady Rad-
clyffe, for her 3 nursery maids' wages, being 3 quarters of a yeare, IL
10s.— -Mr. John Pearson, his two whole yeares' wages, 12/.13 — Robert
Wood, to buy bease with, att Midleam Moore faire, for wintring att Dil-
ston, 140?. — John Forster of Whittall, his halfe yeare's annuity,14 due att
Pent., 10s.
November. — Mrs. Fenwicke, for the poor people, 11. — Mr. Richard
Featherstonhaugh, his whole yeare's sallary for setting out a militia
horse and man for all Sir Francis' lands in Cumberland, due 23 Sep.,
51. — Madam Mary Carnaby of Halton, for a brawne bought of her, 21
10s. — Mr. Rich. Thornbrough, his halfe yeare's annuity and his wife's,
due Pentecost, 4£.15 — John Hogartt, warrener, his halfe yeare's wages,
due att Mart., 31. 6s. — Mr. Alexander Millar, his halfe yeare's wages,
due att Mart., 51. — Mr. Francis' man, Thomas Butler, for 2 doss, cass
[case] knives bought att London per Madam Selby, 21. 4s. 4d. — Cuth-
bert Stobert of West Wood, by my master's order, for 2 mares taken
from [him] by Cuth. Studdam and Edmond Gibson, two of the Sheriff's
bayliffes for an arreare of rent, which they had a warrent for from the
High Sheriffe, Sir Marke Milbankes, but did neither mention who it was
due to or in what yeare, and the said two mares was sold to one Wm.
Robson of Hexham by the said two bayliffes, 31. 15s.
11 The steward of 1681 ?
12 Qu. Ann Blenk^nsop, an annuitant of 51. tinder Lady Elizabeth's will.
13 The other wages are much the same as those of the account of 1681.
14 Bequeathed by Lady Elizabeth Radclyffe.
15 He was an annuitant of 51. under Lady Elizabeth's will. Ann Ridley had 4£,
but we do not find an annuitant of 31. to answer to his wife.
162 HOUSEHOLD EXPENSES OF
December.— Mr. Miller, his bill from 29 Nov. till Dec. 6, for thresh-
ing corne, mending the highwayes between Corbridge and Dilston, and
the wreights makeing 4 stone carts and 1 stone sledd, all at Dilston,
II. 7s. 3d. — Madam Dorothy Massey, halfe yeare's intrest of 1,000?.,
331 Qs. 8d. — Mr. Marke Stokoe, halfe yeare's wages, due att Mart., 31.
— Tho. Grey, brasier, in Gateshead, for mending the great kettle in the
brewhouse att Dilston, 21 — Dec. 20. Mich. Robinson, which Sir Fran-
cis was pleased to give in charity to Mr. Thomas Tempest, in Durham
goal, 5L— Mr. Ealph Milborn, for malt, from 13 Mar., 1685, till 23
Dec., 1686, 153?. 11s. 4c?.— Mr. Roger Garstall, in full for aU sorts of
wine, and all other accounts whatsoever from the begining of the world,
361. l\d.— Mr. Richard Wall of Newcastle, his bill from 22 Oct., 1685,
till 29 Dec., 1686, 169?, Is. Id.
1687.
January. — Wm. Wreight, porter brewer and baker, his halfe yeare's
wages, due 11 Dec., 31.', Mrs. Hellin Emerson, his wife, her halfe
yeare's wages, due 28 June, 31. — Rob. Wilkinson, collector of the chim-
ney money, for twenty-two fire harths in Dilston House, for one halfe
yeare, due att Mich., I/. 2s. — Mr. Roger Midford, 10?. for a yearely
annuity or rent charge, isueing out of Harborn Grange, and 6?. for the
yearely consideration of 100?., both due att Mart, last past. — Mr. Roger
Midford, his charges from 25 Aug. till 22 Sep., when he went to Ber-
wick and.Norham to lett the tythes this yeare, 2?. 12s. 2d. — Mr. Fran-
cis RadclyfFe, his halfe yeare's allowance, due att Mart., 20?. ; paid him
more, for a night gowne bought by him att Newcastle att Lamas faire
last, for my master, 1?. 8s. — Mr. Roger Midford, for to returne to Mr.
Tho. RadclyfFe at Roome, 80?. ; more, to returne to Mr. Wm. Heath att
London, 20?. [Other allowances as in July.]
February. — Hellin Forster of Whittall, widdow, in full of her hus-
band's halfe yeare's anuity, due att Mart, last, and he dyeing att Xmas
following, 10s. — John Jopling, my master tennant att Whittall, for one
cow stent for Jane Reed, Madam Mary's nurse, which my master was
plased to give her in charity for this yeare, 8s. — John Bell, in part of
money due to him for building a house att the Highwood for Mr. Wil-
liam Stokoe, 3?. — Mathew Barren, as by Mr. Rob. Lorrain's accquit. for
5 yeares tyth rent, insueing out of Coastley to Sir John Fenwicke, att
Mart., 5?. 5s. — Mr. Nicholas Ridley, for salt fish, viz., for 2 couple of
codd, at Is. 9d. per couple, and 1 couple of ling, 5s., and 40 couple of
codd, at Is. 9d. per couple, and 15 couple of ling, at 3s. 6d. per couple,
and 1 barrell of white heron, 1?. 4s., and 500 reed herring, att 2s. 6d.
per lb., for cords and matt for packing up the fish, and 1 cast, 3s. 6d.,
in all, 8?. 11s. — Mrs. Julian Skelton, for the use of Mrs. Eliz. Turnbull
for the consideration of 800?. for one whole yeare, 48?. — John Heron,
for bringing up 40 couple of codd fish and 15 couple of ling from New-
castle to Newborne, and his owne charges and his horse, 6s. 6^. — Mrs.
Eliz. Fen wick, which my master was pleased to lend to Mrs Margrett
SIR FRANCIS RADCLYFFE, BART. 163
Fenwicke her mother, 10Z.16— My owne whole yeare's wages, due 22
Jan., 51.
March. — Chimney money for the forge for one halfe yeare, Is. — 2 fire
harths att the lead mill for halfe a yeare, 2s., and for arreares, 5s. —
Francis Addison,17 which my master was pleased to give him, 21. 10s. —
Mr. John Page, as by his bill, for a deodand taken up within the man-
nor of Warke, and charges att London aboute it, 41. — The clarke's wife
of Corbridge, for clarke's fees for the whole mannour of Dilston for 1686,
due att Easter last, 12s. 6d.
April. — Mr. Roger Midford, for cloathes and other things bought at
Newcastle for the use of Edward Radclyffe, Esq.,18 231. 13s. lOd. — Mr.
Pye, the clarke of the peace, for my master's comision19 and his son's,
and for letters and other small disbursements [this weeke], 111. 2s. —
Mrs. Alice Hudspeth, one yeare's prescribed custome money for the petty
tythes of Dilston, due at Michaelmas, to the vicar of Corbridge, and 2s.
for Easter reckonings, due att Easter, 1686, for the whole family of
Dilston, ll. Is. — Mr. Urwin, for one yeare's fee farm rent, ended at
Lady-day last, for Spindleston tyth, 51. 6s. 8d., lands in Spindleton, 65.
Sd., Croxfield tyth, 4s., Temple Thornton, ll. Us. 4d., Abey side in
Alnwick, Qd., due to the King's Majestie and for acquit, money, 2s. 8^.
— Geo. Lee, smith, for miller's husbandry, 10s. 5d. — Mr. John Pearson,
for all the 4 young gentlemen's20 charges att Newcastle att Lamas, 1686,
and for charges given to the servants att Capheaton, att a christning,
9Z. 19s. 9d. — Paid him another bill, for his master and Francis Rad-
clyffe, Esq.., and there servants, att Morpeth Sessions last, 51. 2s. 4d. —
Francis Radclyffe, Esq., for to carry his brother Edward Radclyff,
Esq. and there servants to London, 201. — Mrs. Eliz. Nicholson, for hoi-
land for shirts, and dimity for wascoates for my master, bought att New-
castle, 51. 14s. 7d. — Thomas Radclyffe, his whole yeare's wages, due
7 Apr. inst., 4.1.
May. — Mr. Geo. Jordan and Mr. John Whitfeild, masons, in full for
building the new stone bridge over against the Roe Parke wall, IQl. —
Mr. Roger Midford, for the use of Thomas Radclyffe, Esq., to returne
to him att Roome, SQL — Mr. Wm. Widdrington, as by his note to be
stated in the account of the morgage of Buteland, 61. — Sir Win. Creagh,
for wines, 181. 17s. Qd. — John Heron, for 4 shirife's leveries, and 3
leveries for the grooms and footman, and other disbursements, 201. 2s.
3|^. — My Lady Radclyffe, to buy cloath att Whitson faire att Stag-
shaw, 10?,— Paid to my Lady Creagh, as by bill of exchange for the
like value, received att London by Francis Radclyffe, Esq., from Sir
Wm. Creagh,21 10H. 10s. — Mr. William Widdrington, for the morgage
of Buteland, 600/., and the writeings for the same is in my master's
16 The Baronet's sister Margaret married Robert Feirwick of Wylam.
17 A footman who went errands to Newcastle.
18 The heir apparent.
19 The reader must remember, in reference to the offices apparently exercised by
the Radclyffes, that James II. was on the throne, using a dispensing power.
20 Edward, Francis, "William, and Arthur. Thomas was at Rome.
21 Mayor of Newcastle this year.
164 HOUSEHOLD EXPENSES.
own hand, 600?. — Mr. Win. Widdrington, for -| of a militia horse for 7
yeares, ended at Candlemas, 1679, for my master's part of Buteland,
and paid him a small out rent, due to the Duke of Somersitt, and By well
Castle, att Michaelmas, 9?. 12s. 8d. — Mr. Roger Midford, to returne to
Madam Catherin Radclyffe and her sister at Lovaine, 100?. — My Lady
Creagh, as by bill of exchange for the like value, received att London
from Sir William Creagh by Francis Radclyffe, Esq., 203?.
June. — Mrs. Jane Harris, her whole yeare's wages, due att Whit-
sontyd, Ql — Ealph Eeed, shirrife bayliffe, one yeare's vacandale rent
for the whole mannour of Dilston, at Mich., 5s. Qd.
165
THE FIRST MANTUA MAKERS IN DURHAM.
IN 1705 the company of Drapers and Tailors of the city of Durham had
the following " grievances to be redressed."
To put off the Manty-makers.
To put of the Skinners from making leather britches.
To put off Breakers from selling old eloaths, (except they be free-
men or freemen's widows,)1
"With reference to the first object, there was an attempt made in the
following year to put the mantua-makers off. The evidence as to the
introduction of "Mantoes" is curious, and the case is interesting in
topography, the jurisdiction of Castle Chair, a narrow lane formerly the
high road from Framwellgate to Witton Gilbert, having come in ques-
tion. The Society is indebted to Mr. Trueman for the communication
of the Brief for the Relator in the palatine Court of Chancery.
It will be observed that the form of the word is Mantoe. Bailey
gives it as " MANTUA, MANTOE, Manteau, probably so called from Man-
tua, a dukedom in Italy — a loose gown worn by women, an upper gar-
ment." Johnson has " Mantua [pronounced] mant-ta. — perhaps cor-
rupted from Manteau, Fr. A lady's gown. 'Not Cynthia, when her
mantua's pinned awry, E'er felt such rage,' &c- — Pope. ' How natu-
rally do you apply your hands to each other's lappets, ruffles, and
mantuas.' — Swift." Halliwell calls "Manto, a gown, properly a gar-
ment made of manto, a kind of stuff." Cotgrave's manteau, a cloak,
synonymous with mantel, is no doubt the garment, — a loose upper dress
encompassing the wearer like the mantle or enclosure of a castle, instead
of the close habits previously in use.
As time rolled on, the expression Mantua-maker changed, or rather
enlarged, its meaning. A few years ago a Mantua-maker was the name
of an artizan who had no shop, but went out and made various dresses
at the wearers' houses ; whereas the keeper of a shop was Johnson's
1 Surtees, iv. ii., 22.
7.
166 THE FIRST MANTUA MAKERS IN DURHAM.
" Milliner, (I believe from Milaner, an inhabitant of Milan, as a Lom-
bard is a banker) one who sells ribands and dresses for women. ' He
was perfumed like a milliner.' — Shalcspeare, Hen. IV" In the march
of affectation, our " dressmakers " scout their old appellation, but the
milliners are much in statu quo.
IN THE CHANCERY OF DURHAM. Sitting, 27 March, 1706. HENRY
LAMBTON, Esq., Attorney Generall to the Rt. Honble. Nathaniel Lord
Crew, Lord Bpp. of Durham, of the relacion of Anthony Hall, Esqr.,
[and] John Brice, Wardens, [and] Martin Wilkinson, Henry Anderson,
Bryan "Foster, and Richard Johnson, Searchers of the art, craft, and
mistery of Drapers and Taylors within the City of Durham and Burrow
of Fraimvelgate and the suburbs thereof, Relators ; against CHRISTOPHER
WARD, THOMAS NICHOLSON, NICHOLAS JOHNSON, and ELIZABETH BROWNE,
Defendants.
INFORM ACION. (1.) Within the said city, burrow, and suburbs, there
hath been beyond the memory of man, an antient corporacion, company,
and fraternity of Drapers and Taylors. (2.) The corporacion used
severall antient franchises and privileges, as well by severall grants from
the Bishopps as by antient usage, custome, and prescription, time out of
mind : that no forreigner, not being free of the company, should exercise
the trades within the city, burrow, or suburbs (3.) The members
have, time out of mind, yearly, within ten days of Corpus Christi day,
mett and chosen six of the most discreet men of their crafts to be their
Wardens and Searchers, who, by the consent of the rest of the members,
have made bylaws to exclude forreigners from exercising the trades
within the city, &c. under reasonable penalties. (4.) Severall antient
By Laws made by the company were confirmed by Cuthbert [Tun stall]
late Bpp. of Durham, where it was ordeined that no man which hath
not served his apprenticeshipp or been a freeman's son of the said trades
within the city, &c., should sett up to worke or occupy the crafts untill
he should be admitted for an able workeman, and thought to be able to
work at his owne hand by the Wardens and Searchers, and untill he
should pay to the Bishopp 20s., and to the Wardens and Searchers 31.
6s. 8^., upon paine of forfeiture to the Bpp. 51., and the Wardens and
Searchers 51. (5-) The By Laws have been constantly observed, or
if any forreigner did at any time exercise the trades contrary to the
same, the Wardens and Searchers have either compelled them to pay
the forfeitures or submitt themselves to the Wardens by entering into
bonds not to exercise the trades. (6.) The By Laws have been
established by decrees of this court. (7.) Defendants, foreigners,
combine to infringe the libertys of the cityzens. (8.) Ward," about
eight months agoe, came to reside at Castle Chaire in the Burrow
of Framwellgate, where he hath publickly sold Broad Cloaths and
other cloaths. (9.) The other Defendants for twelve months by
past publickly have exercised the trades of a taylor, and not
onely threaten to continue but will introduce others into the city, &c.,
and set up several other trades and draw away the greatest part of the
THE FIRST MANTUA MAKERS IN DURHAM. 167
trade, whereby hundreds of poor familyes are maintained, pretending
they are not subject to the By Lawes, though they have had frequent
notice thereof, and have been desired to desist.
Prayer. That the defendants may set forth, &c. That they may be
restrained, &c. Prays subpoena, &c.
ANSWER. [Know not the facts in (1) to (6) of the Informacion.] Are
natives and naturall subjects of this kingdome, and noe aliens or for-
reigners. Ward, about 9 months agoe, did come to and reside at an
outhouse adjoyning to Castle Chaire, leading from the towne of Durham
to the towne of Witton Gilbert, where he hath used the trade of a woolen
draper, and there sold broad cloaths, as he hopes was lawfull, he having
served as an apprentice to a freeman of the trade for 7 yeares at Dar-
lington before he came. Denyes that the outhouse is within the city of
Durham suburbs or burrow of Framwelgate, or that he hath used the
trade at Castle Chaire, which he believes is a lane which is a common
highway leading from Durham to Witton Gilbert. Hath been informed
that the outhouse stands in the country apart from the city, &c., and
that divers persons, which were noe freemen of the city and burrow,
have used trades, and particularly that of a taylor, at the outhouse, as
being without the limitts of the city, &c., without restraint. The other
three defendants deny that they have exercised the trades of a taylor,
or threaten soe to doe, or to introduce forreigners or sett up other trades.
All say they are not free of the Drapers' and Taylors' Company within
the city and burrow : Ward and Brown, that neither of them are free
of any trade within the city : Nicholson, that he is free of the Joyners
and Carpenters within the city : Johnson, that he is son of a freeman of
the Company of Weavers, but not admitted. All deny notice of the By
Laws, and deny combinacion.
RELATORS' PROOFES. (1.) See the charter, anno 19 translacionis
Cuthberti Epi. Dunelm., which was in the yeare of our Lord 1549,
wherein the By Laws of the Drapers and Taylors are confirmed, and
particularly, &c. (2.) To prove above 30 yeares since John Moor lived
at Castle Chair. The same was reputed part of the suburbs of the city
and burrow. Moor was a taylor, and wrought there, but noe freeman.
Was disturbed by the Company. Gave a bond to the trade not to worke
there any more. Castle Chair, time beyond all memory, hath been part
of the suburbs. The inhabitants of Castle Chaire, and the lands and
grounds thereto belonging, have paid all taxes and sesses with the bur-
row of Framwelgate, as part thereof. The lands adjoyning and thereto
belonging are all intercommon, and at the usuall time of the yeare are
all laid open and eaten by the catle of the freemen of the city and bur-
row, among other the intercommons belonging to the city and burrow
and the suburbs. Ward lives at Castle Chair. Tho. Wills, Isaac Rut-
ter, Tho. Johnson, Mr. Rob. Parkinson, Wm. Sharpe, Tho. ThirMd.
(3.) About 50 yeares since, one Maurice was disturbed for exercising
the trade of a taylor (not being a freeman) at Dryburne, some distance
from the burrow of Framwelgate, but part of the same constablery.
Mary Maurice, not very material. (4.) The Drapers and Taylors yearly,
on Corpus Christi day, choose 2 wardens and 4 searchers. Eelators
168 THE FIRST MANTUA MAKERS IN DURHAM.
were duely chosen and elected on Corpus Christi day, being the 7th of
June last. Mr. Jo. Airson, Mr. Tho. Forster. (5.) Two bonds, one
from Moor, and another from one Smith, not to exercise the irades. Mr.
Rob. Parkinson. (6.) Ward's selling. Mr. Chr. Burrell. (7.) Ni-
cholas Johnson's wife's making of manto's and pettycoates, and taking
money for the same. Adelin French, Nic. Sparke, JEliz. Welsh. (8.)
Brown's making of manto's and pettycoates, and taking money for the
same, and imploying journeywomen. Eln. Lee, Mrs. Ann Midleton,
Mrs. Ann Machon, Mrs. Eln. Baker. (9.) The like against Thomas
Nicholson's wife. Nich. Sparke, Magdalin Snawdon, Eliz. Welsh.
(10.) See severall bonds by forreigners not to exercise the trade of a
draper or taylor within the city or suburbs or liberties of the same, ex-
cept it be with a freeman of the society, from 1614 till 1679.
OBSEEVACIONS ON THE RELATORS' PROOFS TOUCHING CASTLE CHAIR. —
Thomas Wills speaks for 75 years. The Castle Chair was reputed, re-
ported, and taken to be part of the suburbs of the city and burrow.
Has lived in the burrow for 80 years, and served in all offices. Isaac
Rutter, for 20 years. Has lived there all that time, and served in all
offices. Believes, for time beyond all memory, the burrow of Framwel-
gate, whereof Castle Chair is part, hath been reputed part of the suburbs
of the city. Thomas Johnson, for 65 years. Castle Chair always paid
their taxes with the burrow of Framwelgate, and it was alwaies reputed
part of the suburbs of the city. Robert Parkinson, aged 50. All the
time of his remembrance Castle Chair hath been deemed part of the su-
burbs of the city. Wm. Sharpe, for 55 j-ears Castle Chair is part of
the burrow of Framwelgate. Tho. Thirkeld, for 40 years and upwards.
Castle Chair hath been esteemed as part of the burrow of Framwellgate,
or pait of the suburbs of the city, llemembers when there was noe
houses at Castle Chair, he lived there,2 and wrought of the taylors'
trade, but was forced to remove by reason the freemen of the city would
not lett him worke there.
DEFENDANTS' PHOOFES. (1.) Ward was bound an apprentice by in-
dentures to Robert Ward of Darlington, and served him 7 yeares. Wm.
Bell. (2.) Mantoes is a forreigne invencion, and brought from beyond
sea, and not used in England till about the year 167 — . This deponent
Wood lived with one Hope, Clerke of the Spicery to King Charles the
Second. Remembers the Dutchess of Mazarene, who came from beyond
sea that yeare, and brought the garb of Mantoes with her. Her mis-
tress had her first Mantoe made by a Frenchman. Beleives they are
usually made both by taylors and women, but the women exceed the
taylors. The taylors doe usually exercise the said trade, and instruct
their apprentices therein. Isabel Wood, mother of the defendant
Browne. (3.) The taylors, or the major part of them, doe not under-
stand the art of Mantoe-makeing soe well as women. Had one or two
spoiled by a man taylor in Durham, who was a man imployed in that
worke. Was forced to apply to defendant Browne, but the same was
soe spoiled that she could not help them. Beleives that the women tay-
1 In Framwellgate, or in a hut in Castle Chair ?
THE FIRST MANTUA MAKERS IN DURHAM. 169
lors are greatest artists at women's work then men taylors. Mary
Mitford. Margt. .ZZ^much to the same purpose. (4.) Cannot set out
the bounds of the burrow of Framwelgate, nor ever could be informed
how far they extend. Has served as a juryman at the Mayor's court
for the city and burrow, and enquired, with his fellows, after such nui-
sances as were in and about the same, but never made any enquiry
about Castle Chair, where "Ward now or lately lived, which induced him
to beleive the Castle Chair to be no part of the said burrow. Does not
remember or beleives the same paid any suit or service to the Mayor's
court. Tho. Johnson. (In his deposicion on the other side, says Castle
Chair was always reputed part of the suburbs of the city of Durham.)
Tho. Wills speaks to the same purpose, but says that he always lookt
upon Castle Chair to be part of the said burrow. (5.) Castle Chair is
a lane leading from Framwelgate to Witton Gilbert. The houses are
inclosed with the lands adjoyning upon Castle Chair, and no part of the
lane or street. The houses are 12 score yards from Framwelgate. The
houses inhabited by "Ward, belonging to Mr. Mascall, in the chappelry
of St. Margaret's, and the house lately farmed by the defendant of Mrs.
Bell, are outhouses and stands within the enclosed grounds of Mascall
and Bell, and no part of the lane or street of Castle Chair that he knows
of. Idm. Test., Tho. Wills, Cuth. Hutchinson. (6.) Knows the bound-
ary of Framwelgate constablery. Hath collected sesses of the out
hamletts of Newton, Dryburne, and several! other places, and from the
houses adjoyning upon Castle Chair, but whether they be within the
said burrow he cannot say. Idm. Test., Tho. Wills. (7.) The houses
about Castle Chair have been inhabited during his time with taylors, one
dyer, smiths, weavers, and other trades, without any interruption that
he heard of, though none of them freemen. Idm. Test., Tho. Wills, ex-
cepting John Moor, which agrees with his deposicion on the relators'
part. (8.) Knows not that any of the inhabitants of the houses
belonging to Mr. Mascall and Mr. Bell, and other outhouses and
hamletts within the constablery of Framwelgate, did ever appeare
were summoned otherwise than by proclamacion, to appeare at the
Mayor's Court or were amerced for not appearing. Knows not that
any of the said houses were admitted or obliged to be admitted at
the Mayor's Court. The Burrowholders of Framwelgate are. Win.
Middleton (speaks onely for 8 years), Cuthbert Hutchinson. (Neither
does Gillygate, Elvett, or the Bayleys appeare to the Mayor's Court,
though all within the suburbs of the said city.) (9.) Knows Framwel-
gate Castle Chair, but not the limits of the burrow, nor whether Castle
Chair be part, but looks upon it to be part of the burrow, for they have
paid their sesses together, and serveing in offices. Moor, who lived at
Castle Chair when deponent was Mayor about 26 yeares agoe, served as
one of his constables for that yeare, Cuth. Hutchinson, alderman. (10.)
Castle Chair has been inhabited with tradesmen not free of the city or
burrow, but lookt upon them to stay there some small time purely by
the neglect of the severall officers, not that they had any priviledge to
exercise their trades there. Idm.
170 THE FIEST MANTUA MAKERS IN DURHAM.
DECREES IN THIS COURT RELATIVE TO TfiADES.3 Note Liber G. fo. 106.
16 Dec., 1611. The Wardens of the Fellowshipp of JIabber dashers, Mer-
cers, and Grocers of the City of Durham, against Fisher. For exercising
the trade of a grocer in Elvett, not being admitted a freeman, though he
had served his time and was the son of a freeman. Decreed he shall
not use the trade after Shrovetide, except he compound with the War-
dens and be by them admitted a freeman.
Liber L. fo. 391. The Attorney Generall, of the relacion of John Hall
and others, Drapers and Taylors, against John White. For exercising
the trade of a taylor in Hall Garth in Elvett, the relators averring Hall
Garth in parcell of the street called Elvet, which is part of the suburbs
of the city. Some contrariety of proofes. Issue at law directed,
whether or noe the precinct of the freedom e of the corporacion of
Drapers and Taylors of the city do extend unto Hall Garth. In the mean
time the defendant to be restrained from exercising, [&c.] but never
tryed.
Liber H. fo. 519. The Wardens and Searchers of the said Company
agt. Blunt. For exercising the trade of a taylor within the city, not
having served as an apprentice. Answere that he was the son of a
freeman of the city (but does not say of what trade) : that he wrought
as a journey man with divers freemen of the trade; that in that time
he made two doubletts and two pair of breeches, not intending to have
offended the Company and was sory for the same, and afterwards bound
himselfe an apprentice to the same trade and served 7 years, and prayed
the court would pardon his ignorance of the orders of the trade. The
Court considering that defendant took noe money for his work, and had
served 7 yeares to a freeman, yet though the oifence was ignorantly
done, it was against the orders of the company, Decreed to pay 20s.
and his indenture to be inrolled by the Company.
3 In dot-so. Carter, 114, Mayor and Commonalty contra Goodwin. 4 Mod. 373.
Hobs qui tain contra Young.
171
THE BLADESMITHS AND CUTLERS OF DURHAM.
THE following paper, communicated by Mr. Trueman, gives an earlier
date to two companies at Durham than had occurred to Surtees, who
only refers to an " original consent" of the Blacksmiths in 1610, and a
" general consent" (probably owing to these chancery proceedings) of
the Whitesmiths, Lorimers, Locksmiths, Cutlers, and Blacksmiths, in
1730. The city charter of Matthew only mentions " Smiths," and there
had perhaps been some temporary junction of the crafts at a distant pe-
riod. By the consent of 1730, no Blacksmith was to hire any journey-
man that was a Lorimer or Locksmith, nor vice versa. So that the
Lorimers were perhaps, formerly, a distinct body.
IN THE CHANCERY OF DURHAM. Between HENRY LAMBTON, Esq.,
Attorney-General of the Bishop of Durham, on the relation of John
Johnson and Matthew Shaw, wardens of the Society of Blacksmiths,
Lorimers, and Locksmiths, Informants; and MICHAEL WATSON, warden
of the Society of Cutlers and Bladesmiths.
REASONS AGAINST THE STJBPCENA. — Whereas the informant, on the rela-
cion abovesaid, purchased his Majestic' s writt of subpoena, under the
seale of this honorable court, in the nature of a scire facias to the de-
fendant directed : reciting that, in a cause depending in this court,
between Thomas Cradocke, Esq., then Attorney-Generall of John [Cosin],
late Bishopp, at the relacion of George Ridley and Win. Johnson,
wardens and searchers of the Society of Blacksmiths within the city of
Durham, plaintiff, and Henry Fairlesse and Edward Fairlesse, defend-
ants, it was decreed by consent that the relators and defendants and the
members of each society should be admitted free of each others' company,
as if they were present members, and the fines to be paid upon such
admittances were referred to Sir James Clavering; that Sir James
awarded that the relators should admitt the then defendants and all
other members of their society free of the Society of Blacksmiths, upon
payment of 6s. 8d. ; and that the Society of Cutlers and Bladesmiths
should admitt the Blacksmiths free of their company, upon the payment
of 40s. apeice, and for the future the members of each society should be
admitted free of each others company, upon payment of 6s. 8d. apeice ;
and that the award was confirmed by a decree of this court : commanded
the defendant to show cause why the decrees should not be revived :
172 THE BLADESMITIIS AND CUTLERS OF DURHAM.
Now the defendant doth for causes show : — (I.) Edward Fahiesse is still
liveing, and if the decree be revived, it must be against him only, for
[he] Watson is neither/party nor privy to the decree. (2.) Is not served
with the decrees or award, and knows not the contents. (3.) The So-
ciety of Bladesmiths and Cutlers is an ancient corporacion, and had their
Bylaws and Constitucions confirmed by Bpp. Tonstall, at the same time
that he confirmed the Smiths' and Lorimers' Bylaws, and then the cor-
poracions were not thought fitt to be consolidated, and neither can they
be without the consent and confirmacion of the Bishopp. (4.) Every
corporacion, being a body politick, speaks by their common seale and
common consent, and are not bound by any decree where they are not
partys, and noe particular member can, by their consents, bind the cor-
poracion. (5.) The suits were against Henry and Edward Fairlesse, in
their private capacitys, and not as wardens or searchers of the Society
of Bladesmiths and Cutlers, nor were they wardens and searchers of that
Society when the informacion was exhibited, or at the time the sub-
mission, award, decree, or other proceedings were made. ^6.) It noe
ways appears that the corporacion of Bladesmiths and Cutlers were par-
tys to the submission. (7.) Soe farr from agreeing to the decree, they
never would admitt any smith a freeman of their trade, nor did any
smith or lorimer, since the decree, till the relator Johnson, set up the
defendant's trade. (8.) If the whole Company be bound by the decree,
then the writt ought to have been directed to the Warden and Company
or Society, and not to Watson only as Warden.
Demands judgment whether he is concerned by the decree or award,
or the same can be revived against the Corporation of Bladesmiths and
Cutlers. And prays to be dismissed with his costs.
173
THE PUDSAYS OF BAKFOKD.
THROUGH the kindness of a friend, I was recently permitted to examine,
and make extracts from, a manuscript of considerable interest and im-
portance. It contained, among other things, the genealogical notices of
the family of Pudsay of Barford, which form the basis of the present
paper.
The volume is a small octavo, and was probably written in the begin-
ning of the 15th century. It is bound in strong oaken boards, but the
purple velvet with which they are still covered is much tarnished. The
corners are tipped with brass, but the clasps, which were probably of
silver, have been torn away. The manuscript has been carefully pre-
served, and must have been in the family of the Pudsays for at least
three centuries.
It contains some of the services of the Roman Catholic Church. At
the commencement is the office of our Saviour, followed by that of the
Yirgin, with Matins, Lauds, Prime, Tierce, Sext, None and Vespers,
with the hymn Ave, Maria Stella ! Complin and the Salve, Regina !
come next. After them are the Seven Penitential psalms and the Me-
mento, Domine, David, in full, with the titles of several others. These
are followed by the Litany of the Saints, the office for the dead and the
commendationes, which begin with a finely illuminated page. The ma-
nuscript is well written, and is illuminated in more places than one.
The spoiler, however, has been busy with it, as several of the decora-
tions are missing, and in more places than one a leaf has been ab-
stracted.
On the leaf preceding the Calendar is written as follows : —
%* Jhesus.
Here is the brithe day of all the children of Mr. Thomas Pudsay of
Barforth, noted in the Calender folowing, which he had by Elizabeth
Pudsay, daughter to John Lord Scroope of Bolton, and, lastlie, the day of
the death of the sayd Mr. Thomas Pudsay, who died in Yorke, prisoner
for his conscience, a trewe confessor of the Catholik faythe. He left
this wretched world and went to God the forthe day of September, on
whose soule I pray God have mercye. Anno Domini 1576.
In the Calendar itself these genealogical notices occur : —
JANUARY.
Anna Pudsey filia Michaelis Pudsey nata anno 1650 die 30mo.
VOL. II. 2 A
174 THE PUDSAYS OF BARFORD.
FEBETJAEY.
Margareta Pudsey nata 13°, an0 1652, filia Michaelis Pudsey,
Kodolphus Pudsey filius Tho. Pudsey natus vigessimo die Feb.
1688-9 et obiit die nono Martii.
Grandmother Pudsey was born ye 24 Feb. 1618-19 : dyed ye
28th Feb. 1705-6.
MAECH.
Uncle Nicolas Salvin dyed ye 8th March.
Grandfather Pudsey dyed ye 12th March, 1697-8; was born 29th
Sept., 1619.
Uncle Smith 15.
(25.) Nat. Franci Pudsay.
Isto die natus fait Tho. Pudsey filius Michaelis, 1654.
My dear wife dyed ye 29 March, 1729, in ye evening.
Uncle Charles 30.
APEIL.
My dear father dyed y6 19th April, at Croxdale, 1723.
MAY.
Mother dyed ye 1st May, 1724.
) Isto die natus fuit \Vyllielmus Pudsaye, anno Domini 1556.
10.) Nat. Georgi Pudsay.
Maria Pudsey filia Tho. Pudsey nata 24to die Maii Anno Dom. 1690.
JULY.
(4.) Hoc die natus fuit Ambrosius Pudsaye, anno Domini 1565.
(15.) Isto die natus fuit Margareta Pudsaye, anno Domini 1560.
Auntt Pudsey dyed July 19.
AUGUST.
Mary Pudsey, daughter of Michael Pudsey, was born ye 8th day
Augt., 1714.
(17.) Nat. Thorns Pudsay, 1567.
Catherin Pudsey, daughter of Michael Pudsey, was born ye 26
August, 1720, and dyed ye 7 May, 1721.
Mr. Michal Pudsey dyed Augst. 30, 1749.
SEPTEMBEB.
(2.) Nat: Marine Pudsay, 1573.
Obiit mortem Thomas Pudsay horum liberomm pater Eboraci in
carcere, propter Catholicam fidem, cujus syncerus professor
erat, quarto die Septemb: A°. Dni. 1576.
Elizabeth Pudsey filia Michaelis Pudsey, nata An0 1648, die &c.
dyedye2d Octor., aged 83, 1731.
Nativitas Mychaelis Pudsay filius Ambrosii Pudsay 29 of Septein*
bris, anno Domini 1618.
Thomas Pudsey, son of Mich1. Pudsey, was born y« 10th day
Septenv, 1715. Dyed 8 Augt.
THE PUDSAYS OF BARFORD. 175
OCTOBER.
Maria Pudsey, filia Michaelis Pudsey, nata 14°, An0 1643.
A* Berry dyed Octo : 3d [in pencil in the hand of the last Michael
Pudsey. ~\
.NOVEMBER.
3. Natalitium Wenefride Pudsay, 1570.
(24 or 25. ?) Natalitium Johannae Pudsaye, 1560.
DECEMBER.
12. Isto die natus fuit Henricus Pudsaye Anno Domini 1561.
Ambrose Pudsay dyed the 12th of December, 1623.
Michael Pudsey films Tho : Pudsey natus 27 die Decembris, 1680.
(28.) tfat. Mariae Pudsay.
From the above extracts it will appear that the MS was in the posses-
sion of the family of Pudsay for at least two centuries. But there is
evidence in the volume to shew that it belonged to that ancient house at
a much earlier period. That which I am going to lay before my readers
is of far greater interest and importance than the genealogical notices
which have just been given. On the fly-leaves at the commencement of
the volume are the following invocations in prose and verse to the ill-
fated monarch Henry the Sixth.
Oratio beati Henrici Sexti, regis Angliae et Franciae etc. Hie vir
disspiens [despiciens P]1 mundum et terrena, triumphans, divicias cela
condidit corde, ore et manu. Ora pro nobis, beate He[n]rice, ut dig[ni]
eff[iciamur].
Deus, qui unigenitum Filium Tuum, Dominum nostrum Jhesum
Christum famulo tuo regi nostro Henrico corpore et anima glorificatum
demonstrare voluisti, praesta, quaesumus, ut ejus mentis et precibus ad
eternam ejusdem Domini nostri Jhesu Christi visionem pertingere
mereamur ; per Dominum nostrum Jhesum Christum, Filium Tuum, Qui
Tecum vivit etc. \_per~\ omnia saecula sseculorum. Amen.
On another fly-leaf, but in a different hand, is the following hymn.
Ave ante ortum prophetatus,
Regnorum bis coronatus
Quorum regimini es donatus,
Ex nobili progenie.
Tua vita singularis
Anglorum rite lucerna vocaris,
Henricus sextus vulgo nominaris,
De regali serie.
Ave, tutor ecclesiasticorum,
Utens norma religiosorum,
Bespuens vana mundanorum,
Misericors in omnibus.
1 This sentence is in a confused state. It may be arranged so as to form a couplet.
Hie vir despiciens mundum et terrena, triumphans
Divitias cselo condidit, ore, manu !
Ora, &c.
176 THE PUDSAYS OF BARFORD.
Mitis lit agnus paciens,
Fuisti in Christo confidens,
Mira diversa faciens,
Brutis et hominibus.
Ave, post necem tui prolis,
Misericordiam desiderans absque dolis,
Penetrasti radium solis,
Migratus ex hoc sseculo.
Schertesey senobio es sepultus,
Eodem loco dm occultus,
Integer remanens ut Dei cultus
Fossus in diluculo.
Ave, per quern plures sanantur
JEgroti : cseci iUuminantur,
Peregrinantes vero liberantur
De magno periculo.
Dementes etiam restituuntur,
Claudi decrepiti graduuntur,
Paralitici eonsequuntur
Salutem in vehiculo.
Ave revelator carceratorum,
Pestis medicina, spes moestorum,
Maculas pellens desperatorum,
Febribus fatigatis.
Resuscitator tu innocentis
Yermes feminae intus habentis,
Sedeam[?] purgans esto petentis
Protector in datis.
Ora pro nobis, Christi accleta, ne dampnemur morte perpetua.
Deus qui in electis tuis, semper es mirabilis et eos choruscare facis
miraculo; concede propicius ut regem Henricum quern habuimus patro-
num in terris intercessorem habere mereamur in ca3lis : per Christum.
As far as hope will yn lengthe
On the, kyng Henry, I fix my mynde,
That be thy pray our I may have strenhith
In vertuous lyfe my warks to bynde.
Though I to the have ben unkynde
Off wilfulnesse long tyme and space.
Off forgevenesse I aske ye grace,
Hop hathe me movyde to seke y18 place,
In trust of socor by thyn olde properte,
"Was never man cam be forne y1 face
Rebellion or oder yn adversite
Off thyr compassion commaundid them goo free.
Now, for thi pety, to Hym that all schall deme,
Pray for me thy servant and pilgreme.
THE PUDS AYS OF BARFORD. 177
These prayers, to judge from the hand, were written in the latter part
of the 15th century, and they derive an additional interest from the con-
nection which is said to have existed between the Pudsays and Henry the
Sixth. It has been the uniform tradition in Craven that that unhappy
monarch was sheltered and entertained by Sir Ralph Pudsay, at Bolton
Hall, after his defeat at Hexham. That the popular report is, in this in-
stance, correct I have little doubt, as it is supported by the following
evidence, which is now for the first time produced. In the will of
Ambrose Pudsay of Bolton, gentleman, which was made in 1521,
is the following most remarkable passage : — " Jn witnes wherofthis my
last will and testament, I did write it with my owne hande at Bolton
haull, in a chamer that goode JZyng Henry the Sexte lay in, and therfor
it is called his chamer to this presente daye" This most valuable docu-
ment was executed some sixty years after the royal visit to which I am
alluding took place, and it is quite possible that the testator might in
his younger days have clung to the knees of the monarch of whom, at
the close of his life, he speaks with so much respect.
As a memorial of his visit to Bolton, and of the hospitality which he
had there met with, the King probably left behind the glove, boot, and
spoon, which are still most carefully treasured up by the representatives
of the Pudsays. And if these relics of an unfortunate sovereign are
treated in these days with so much consideration, with what reverence
must they have been regarded when their donor was worshipped as a
saint 1 How lovingly would they be brought out and handled, and how
carefully would they be preserved ! And, surely, it is not unreasonable
to conjecture that in the private oratory at Bolton the family chaplain
would say his prayers " upon" the very book to which the reader has
been introduced, and incorporate into his daily services the invocations
which I have just given. It will be observed that the last of the
prayers is especially adapted to a pilgrim. To what shrine did the
pious Lancastrian resort ? In the Minsters of York and Eipon he
would find an image of the monarch whom he beatified, whilst in the
little chapel at Bolton Hall he might kiss the relics of his saint, and
address him in a set form of prayer from the service book which lay
upon the altar.2
It may, I think, be fairly conjectured that the service book, which
has been described belonged either to the host of Henry the Sixth, or to
his son. From them it descended, in one family and in one faith, to
2 I trust to be able, before long, to lay before the members of the Society a more
detailed account of the wanderings of Henry the Sixth in the North of England.
178 THE PUDSAYS OF BARFORD.
Thomas Pudsay, Esq.,who, in Queen Mary's days, began to inscribe in
the Calendar the nativities of his children. After his death, and that
of his widow, who survived him for many years, the volume came into
the possession of one of her younger children who resided in the
vicinity of Barford, of which she had been for so long a time the
possessor. It continued with his descendants till they became extinct
in the 18th century. An account, therefore, of the Pudsays of Bar-
ford, as illustrating the genealogical notices recorded in the Calendar,
will make the present paper more complete.
The manor house of Barford lies pleasantly upon the southern bank
of the Tees, facing the pretty village of Gainford. It was built, proba-
bly, in the 15th century, but modern improvements have shorn it of its
architectural beauties. On the summit of the hill may be seen the
traces of a village which has long since disappeared, and the picturesque
ruins of a chapel of a date long anterior to the manor house. There is
a careful and minute description of the place in Mr. Walbran's History
of Gainford, but Dr. Whitaker in his description of Bichmondshire does
not once allude to its existence.
The earliest owners of the estate that have occurred to me are the
Latons of West Laton. In the year 1338, John de Laton and Christiana
his wife recognize the ownership of Thomas de Laton, kt., to 2 mes-
uages, 13 tofts, 160 acres of arable land and 7 of meadow in Berford
super These and Cleseby juxta Manfield, two parts of which he holds by
their gift ; whereupon the said Sir Thomas conveys the two parts to
John and Christiana, together with the third part, after the decease of
Petronella, widow of John de Hudeleston, who holds it as her dower.
In 1353, Thomas de Laton, rector of Marsk, and William de Forset,
chaplain, convey to John son of Sir Thomas de Laton, kt., and Christiana
his wife, with remainder to their heirs male, and failing them, to Eliza-
beth their daughter, a carucate of land in Appilby super Tese, and the
manors of Barford ; 2 messuages, 83 acres of arable land and an acre
and a half of meadow being specially excepted.
In the Chartulary of the Latons, from which these notices are derived,
it is stated that this Christiana Laton was the daughter of Christopher
Sheffield. From the same source I continue the descent of Barford.
" This John Laton heere menconed and Christian his wyefe had no
yssue but onely Elizabeth theire sole daughter and heire, whoe was
maryed to Henry Pudesay son and heir to John Pudsey of Boulton in
Craven."
" The said Elizabeth lyeth buryed in the parishe churche of East Laton,
THE PUDSAYS OF BARFORD. 179
in the pew called Laton's pew with this inscription folio winge ingraven
in brasse upon her grave.
Hie jacet Elizabetha filia et heres
Johis Laton de Berforth quondam
uxor Henrici Pudesey que obiit 10°
die Novembris anno d'ni 1424.
Cujus animse propitietur Deus. Amen."
Upon the marriage of Henry Pudsay with Elizabeth Laton, there
seems to have been a general settlement of the estates upon their issue.
This was made in the year 1353, when the lady is mentioned as Pudsey' s
wife. From this period, for more than three centuries, the Pudseys
retained possession of Barford. It passed out of their hands in 1659,
being then sold to Barrington Bourchier of Benningbrough, Esq., " by
the trustees for the payment of the debts of Ambrose Pudsey, for
10,050?. It is now the property of the Earl of Harewood, who pur-
chased it of "Walter Fawkes, Esq., of Earneley."
The first original document relating to Barford that has come before
me is the Inventory of the effects of Margaret, widow of Thomas
Pudsay, Esq. It is preserved in the Eegistry of the Dean and Chapter
of York, and was drawn up in the year 1552. The lady was the
eldest of six daughters and coheirs of Sir Roger Pilkington of Pilking-
ton in Lancashire, by Alice, dau. of Sir John Savage, kt. She was the
mother of four children, one son, Henry Pudsay, and three daughters,
of whom Grace the eldest married and had issue by Thos. Metharn of
Metham, Esq., and Thos. Trollop of Thornley, Esq. ; 2. Catherine, the
wife of Anthony Eshe of Patrick Brompton ; and, 3 Mary, who mar-
ried and had issue by Mr. Serjeant Meynell. On the 16th of January,
1552-3, Margaret Pudsay' s sons in law, Meynell and Trollop, make an
agreement about the administration of her effects. It was at this time
that the Inventory was made which is now for the first time printed.
There is circumstantial evidence to connect it with Barford, and it gives
us a full and minute catalogue of the contents of the manor house and its
appendages, which I give without compression.
-Enbentorfe of Margarett Pudsey, lait wyffe of Thomas Pudsey,
Esquier, disceissed, of all suche goodes and cattelles, as well move-
able as unmoveable, which she had at the tyme of her deith.
IN THE HALL. — iiij tables and iiij formes, vjs. viijd. One cubbord,
and ij chares for women, v«. iij pewther basynges and one ewer, x*.
One pare of tengges, ij cooke nettes, with the hangynges of the hall of
grene say, iiijs. iiij^.
IN THE LAW PARLOR. — One standyng bed, the hangynges of yalowe
180 THE PUDSAYS OF BARFORD.
and blowe say, one fether bed, one pair of blankettes, one coverlett and
one coveryng of tapes', xvs. One nother bed, with one fether bed, ij
blankettes, one coverlett, one boster, and ij pilleberes, xxvjs. viiid. One
counter, one cubbord with a cloith of yalowe and blowe say, one chare,
with the hangynges of the said parlor of stayn' worke, xxvjs. viijd.
IN THE LOEDES CHAMBER. — One standyng bed, one mattres, one fether
bed, one pair of fuschon blankettes, one covereign, one coverlett, one
boster, ij pillebers, the hangynges of yalowe say, iiijli. One nother
borded bed with one fether bed, one pair of blankettes, one coverlett, one
boster, and ij pillebers, xxvjs. viij^. One trussyng chare, vs. One
cnp stoill with a clothe of yalowe say, and the hangynges of the said
chamber of yalowe and grene say, xxvjs. viijd.
IN THE CHAMBER OVER THE BUTTERY. — One borded bed, one fether bed,
one pare of blankettes, two coverlettes, one boster, one pilleber with
hangynges of reid and yalowe say, xxvjs. viij^. One nother borded
bed with one mattres, one blanket, ij coverlettes, one boster and one
paynted tester, xiijs. iiij^. One cubbord and iij chestes, xs. One
bord, ij trisselles, one forme, and one pare of tenges, xvjd.
IN THE NTJRCEY. — One borded bed, one mattres, one blankett, ij cover-
lettes, one boster, the tester of reid and yalowe say, one nother bed with
one coverlett, and one blankett, xvjs. ij cootes of plait and ij jackes,
(blank.)
IN THE CHAMBER OVER THE GREAT PARLOR. — One borded bed, one
fether bed, one pare of blankettes, ij coverlettes, one covereign, one bos-
ter, ij pillebers, the tester and corteynes of reid and yalowe say, xls.
One nother borded bed, one fether bed, ij blankettes, two coverlettes,
one boster, with one tester of reid and yalowe say, xxxiijs. iiij^. One
nother borded bed with one mattres, one blankett, iij coverlettes, and
one boster, one palyet with one mattres, one fether bed, ij blankettes,
one coverlett, one boster and ij pillebers, xls. One chest and one chare,
xs. The hangynges of the chamber of payntid worke, xiijs. iiijd.
IN THE CLOSETT. — Of lynnyng and game cloithe, foure score and fyve
yerdes, vli. vjs. viijd. Fyve pair of sheetes, Ivjs. xx kirchers, xix
vaylles, xx pair of lynne sieves, xxu sarkes, xj smokes, and iij bed
sheles, iij?*. xxxiiij* yeardes of wullyng cloith, liijs. iiijc?. xij hankes
of lyone game and other xij hankes of harne, xls. ij sloppes and one
kirtill, liijs. iiijd. xx score of lynne and xx score of hempe, xxs. One
Flaunder cheste, one chare, one borde, iiij trisselles, one nyght gowne,
and one chest, and one coffer, vs. Charges, iijs.
IN THE GREAT PARLOR. — One longe table with a tap' covereign, vs.
One counter, v chares, ij formes, ij great chestes and one rounde table,
xiijs. iiij^. One standyng bed with one mattres, one fether bed, ij
blankettes, one coverlett, one covereign, one boster, ij pillebers, the tes-
ter of velvett and the corteynes of yalowe and blowe say, and one tryn-
dell bed with one mattres, two blankettes, ij coverlettes and one pille-
ber, iiijli. The hangynges of the parlor of payntid antike worke, one
pair of tenges and one land iron, xxvjs. viijd.
THE PUDS AYS OF BARFORD. 181
IN THE CHAPPELL. — iiij alter cloithes, viijs. iiij vestementes, xjs.
iiij cooppes, xiijs. iiij^. ij challases, iiijfo'. The communyon booke, ijs.
IN THE MADES CHAMBER. — One bed, one mattres, ij blankettes, ij
coverlettes and one happyng, xiijs. iiij^. ij spynnyng wheles, iiij pare
of wulle cardes, one pair of wull conies and one pair of wull weightes,
iijs. iiijd.
IN THE STORE-HOWSE CHAMBER. — ij beds, ij mattresses, ij bosters, ij
blankettes, ij coverlettes, ij coverynges, xxs.
IN HENRY PATTTER CHAMBER. — One bed, one mattres, ij coverlettes
and one boster, xs. ij battell axes and one bill,
AT THE MILNE. — One bed, one mattres, one blankett, ij coverlettes,
one happyng and one codde, vjs viij^. ix milne pickes and one gave-
locke, iijs. ij thistelles, ij wombelles, one axe and one hand sawe, ijs.
IN THE SCOLE HOWSE. — ij bed stokes, one mattres, one fether bed, ij
pair of blankettes, iiij coverlettes, one boster, and ij pillebers, xxxiijs.
iiijd. One chare and one presse, iiij//. One nother bed, one mattres, one
pare of blankettes, ij coverlettes, and one boster, xiijs. iiij^. One nother
bed, one mattres, ij coverlettes, and one boster, xs.
IN THE NEWE CHAMBER. — One bord, ij trisselles, and ij formes,
ij bed stokes, ij mattresses, ij bosters, vj coverlettes, one pilleber, and ij
payntid testers, xxs.
IN THE STABLE. — One bed, one coverlett, one happyng, and one blan-
kett, iijs. iiij^.
IN THE MILKE HOWSE. — xx bolles, iij chernes, vj skelles, and ij
standes, xiijs. iiijd. One bord, ij trisselles, one cheis trowght, and ij
wesshen tubbes, iijs. One calderon, one kettell, one great panne, one
brandreth, and one reakyng crooke, xxs.
IN THE STORE HOWSE. — One great arke, vjs. viij*?. v tabbes, ijs.
One girdell and xxiiijti salt fysshes, xls.
IN THE KYLNE. — Seisteron of luid, xls. One kylne hair and sexe
seckes, xs.
IN THE WTTLLE HOWSE. — One hundreth stone of wulle or ther a
bowtes, xl&'.
AT THE OXE HOWSE. — iij woune waynges, iij cowppes, vj plowghes,
temes and yokes for xxiiij" oxen, iiijli. At the henne howse, one mat-
tres, one coverlett, iijs. Hid. At the oxe howse, one mattres, one cover-
lett, and one happyng, vs. In the sheperdes chamber, one coverlet, one
blankett, and one happyng, iijs. iiij^.
IN THE BUTTERY. — xij candelstickes, vjs. viijd. x hoggesheides to
tunne bere in, vjs. viij^. viij aille judges, and sex littill aill cuppes to
drynke in, xij<?. One ambery, ijs. ij pewther basynges, ijs. vjd. One
VOL. n. 2 B
182 THE PUDSAYS OF BARFORD,
lymbecke, ijs. iiijd. iij bottelles, one basket, and one scuttell,
One barrell, iij bolles, one tunnell, and one stop to tunne withe, viijd.
One secke full of hoppes, iiijs. One arke for bread, one littill forme,
and viij Cannes, xvjd.
IN THE WYNE SELLER. — One ambery, ij chestes, and one coffer, iiijs.
iij pewther basynges, and one ewer, viijs. ij bordes, and iiij trisselles,
viijd. One brasyng morter and one pestell, and iiij pare of sheres, vis. viijd.
One pewther bottell, one grape bottell, and one wanded bottell, ijs. iiijd.
One cercle, ij graters, and one pare of waxe weis, xijd. iij barrelles,
one hoggeshed, iij baskettes, and one old tunne, ijs. iiij seaves, \iijd.
ij gaddes of iron, vjs. viijd. x newe pewther disshes, vjs. viijd.
IN THE KECHEN. — ij ranges of iron with sex iron barres, xiijs. iiij^?.
iiij speles, vjs. viijd. xj brasse pottes, and seven pannes, iiij 2*. One
chaffyng disshe and one chaffer, iijs. ij latten laddeUes, and one nesshe
crooke, iiij^. iiij iron rackes, iijs. iiij^. ij fryeng pannes, and iij
cressettes, iijs. iiij^. iij bordes, and one stoill to chopp herbes of, xijc?.
vj pott lyddes, vj knyffes, and one grater, vjd. ij rost-irons, ij chestes,
one stayne morter, one old busshell, and one littill forme, ijs. viijc?. One
pare of nmsterd whernes, one pare of tengges, one fyer per, and one fyer
panne, xvjd iij games of pewther vessell, vjfo'. xiijs. iiijd. xxvj" old
pewther dublers, xij old disshes and salsers, xxxiijs. iiijc?. One pare of
pot kylpes, ijd.
IN THE SLAWGHTEE HOWSE. — ij salten tubbes, ij choppyng bordes, one
pare of wyndowes, ij roopes, and one boll, iiijs.
IN THE BEEWEHOUSE. — ij leiddes, xxvjs. viijd. ij gyle fattes, ij keel-
lyng tubbes, and one masse fatt, xs. One knedyng tubbe, one old tubbe,
one tunne, one trowghe, and one bord, ijs. One brasse panne, iij bolles
and ij skeles, vs. iij seves, iij standes, iiij salt tubbes, vj seckes, and
ij shetes, vjs. yiij^. ij wyndercloithes and ij wodde basynges, ij bowt
cloithes, and iiij mast riders, xvjd. One pecke, ij stray fannes, one
knyfe, and one scrapill, ijd. One iron peill, one iron coll raike, ij iron
froggons, and one axe, xij vj busshelles of salt or ther abowtes,
vjs.
^ IN THE PEESTE'S CHAMBEE.—One mattres, one boster, one pilleber, and
ij coverlettes, viijs.
NAPPEEIE WAIE. — xv pair of lynnyng shetes, vij^'. xxvj pair of
game shetes, vli. xiij lynne bordcloithes, xls. xvi game bordcloithes,
xxs. xinj table napkynges, ijs. iiij^. xj towelles, xjs. xiij pilleber
covereigns, xiijs. iij cupbord cloithes, vjs. viije*. One dyaper bordcloith
and one diaper drawght, xiijs. iiijd. vj diaper naptkynges, xx<Z. One
xx^ii 116 She *
CATTELL.— viij horse and meres, xWt. xxiiij drawght oxen, iij«.xij7t.
x latt oxen, xxxnj^. vjs. viijd. ix stottes, xxl». xiijs. iiijd. xxx kye,
iij«^. vij whyes and kye, ixU. vjs. viijtf. xxiij spayned calfes, xiij/*.
THE PUDS AYS OF BARFORD. 183
xvj$. cce.iiij** wethers and tuppes, cxij/e. xiijxx yowes and gymberes,
xlyjVf. xj scoie and eight hogges, xxxiijfo'. Eyve swyne, xvjs. viijd.
One bull, xxvjs. viijW. All the hay, xyjfo'. ij bee hyves, ("blank) All
the corne in the laithes and garners at Barfurth, Manfeild, and Bolton in
Craven, iijxxx&. All the corne of the earthe, xvijft. x*. In hennes
and capons xxx or ther abowtes, xiijs. iiijd.
PLAIT. — iij eylver saltes, ij of them duble gylt with ij covereigns,
and the third s-tlt parcell gilt without covereign, ij sylver cuppes with
covereigns, ij silver bolles with one silver covereign, ij standyng
cuppes dubble gilt with ij covereigns, xj silver knoped spones, xij
silver spones w ithout knoppis, and other ij silver spones dubble gylt,
iij"vj&*. xiijs. \iijd.
IN THE CASK ETT. — xliiij aungelles in gold, (blank) One old ryall,
(Hank) In m >ney, xvjfo'. iiij gold rynges, liijs. iiijd.
DETTES AWX NG TTNTO THE SATD MAE.GARETT. Item, by the lait Lord
Scropp and his executores, viij^xfo
Henry Puds.iy, the only son of Thomas and Margaret Pudsay, suc-
ceeded to the family estates, and died in 1542. He married a daughter
of Sir Ealph ]<<ure of Witton Castle. Thomas Pudsay, who began the
genealogical notices which have been given, was their eldest son, and to
him, therefore, and to his descendants, I shall principally confine my-
self.
Thomas Pudsay was eleven years of age when his father died, in 1542.
A noble alliance was prepared for him. He was married to Elizabeth,
daughter of John Lord Scrope of Bolton, by Catherine, daughter of
Henry Earl of Cumberland, and by her he seems to have had seven
children. His life was not a long one. In 1576, when the hand of per-
secution fell upon the Eoman Catholic gentry, he was thrown into pri-
son, and never left it alive. He died in York Castle on the 4th of
September. William, his son and heir, administered to his effects on
May 31, 1577.
For more than forty years did his widow survive him — constant to
her early vows ; for she was not again married. She witnessed many a
change during the half century of her widowhood. She saw the end of
the golden reign of Elizabeth, and could see that the sceptre was be-
ginning to tremble in the grasp of James. During the same period
there had been four Archbishops of York, and she had paid her spiritual
allegiance to eight Popes. But there had been greater changes still
among her kinsmen and friends. The storm of 1569 had blown down
the House of Neville, and the Percies were but slowly recovering from
the effects of the same tempest. The Cliffords, her cousins, were broken
184 THE PUDSAYS OF BARFORD.
down with lawsuits and impoverished with debt. The glory, too, of her
father's house had departed, as the honours of the Scropes were soon
to be entrusted to the basely born daughters of the Lord President of
the Council in the North.
On the 20th of October, 1620, the aged widow executed her last will
and testament at Barford, where she seems to have resided. There is
little in it to excite the curiosity of the antiquary, and a few brief ex-
tracts from it will suffice. I give them in the words of the testatrix.
I, Elizabeth Pudsay, of Barfurthe, wydowe, sycke in bodye, doe make
this my last will and testament. My body to be buried where my
frends shall thincke good. To my sonne William's fower daughters
which he had by his first wyfe, viz., Mary Pudsaye, Issabell Pudsaye,
Trothye Pudsaye, and Elizabeth Pudsaye, all my househoulde stuffe
beinge my owne, exceptinge a bedd standinge in the closett within the
greene chamber, and all the furniture thereunto belonginge, the which I
give unto Elizabeth Pudsay, daughter unto my sonne Ambrose. To
Ambrose Pudsaye, my grandchylde, and sonne unto my sonne William
Pudsaye, a sylver bowle. To my sonne William Pudsaye all my hard
corne now sowne upon the grounde, viz., upon the Twenthy lands and
Trumpett flatt. To my soune Ambrose Pudsaye of the Hye Cloase, my
clocke in my chamber. To my servantes sutche legasies as my sonne
Ambrose shall thinckke fittinge. To my sayde sonne the rest of my
goods. I make my lovinge frends William Buckle and Thomas Shawe
executors, and for ther paynes to be taken theiin, give to eyther of them
a xxs. peece. Witnesses, Francis Radclliffe, Richard Hall, Thomas
Slinger, Thomas Slinger [««c], Thomas Newcom and Robert Dent.
This document, which is greatly injured by damp, was proved in the
Court of Richmond on Nov. 18, 1620 ; her son William administering to
her effects. The testatrix had been interred in the little church of
Forcet twelve days previously.
The Inventory of her effects is still preserved at Richmond, and some
extracts from it are subjoined. It specifies the ordinary accompaniments
of a country house. It will be observed that green was the prevailing
colour in the principal apartments, — a colour which was equally para-
mount in the arms of the family of Pudsay.
%L true Jnbcntarg of all the Goodes of the Right Wor1 Eliz. Pudsay,
late of Barforth, widowe, diseased, by Henry Newcome, Francis
Slinger, Anthony Wilkinson. xviiijth Nov. 1620.
Her purse and apparellj v?. vj oxen, xxvijj. ix kyne and one bull,
xxv/. vij twinter beastes, xl. vj stirkesvj/. vij calves, \l. ij mares,
one foale, and a filly, xl xl ewes and xij wethers, &c. — THE LOBDES
THE PUDSAYS OF BARFORD. 185
CHAMBER, ij bedsteades and one trucle bedsteade, and a little cup-
boorde, x£. ij*. yiijd. One chaire covered with red stuff, and one
throwne chaire, iijs. ij stooles, 3 mattresses, 4 fethir bedes, 3 cover-
letts, and one grene rugg, xZ. One oversea coveringe, 3 boulsteres, 5
pillowes, 3 paire of blankets, one basinge and ewer, and a cupboord
cloath, xxs. — IN HIE CLOSETT. One presse for cloathes, ij trunks, ij
chistes, and some other small houselments, xvs. — IN HER BED CHAMBER.
Hir owne bedstead, covered with grene cloothe, xxs. One little cup-
boord, one livery cupboord, one table with a turky carpett, xs. 2 fether
beddes, 3 boulsters, and 2 paire of blanketts, xls. ij mattresses, iiij
pillowes, one grene rugg, and 3 coverletts, xxxs. One grene chaire,
one little chaire, ij greate chistes, and a little lowe table, iiij stooles and
2 formes, iijs. iiijd. One little trunke and 2 greene carpets, ij ande-
irons, a paire of tonges, and some other small houselments, iiijs. xij
quishions, xxs. — IN THE KITCHEN. CHAMBER, xiijs. iiijd. — THE BUTTRY
CHAMBER. — THE NURSE PARLOR. — THE GREATE PARLOR. One longe
table, a livery cupboord, one longe forme, and some other small housel-
ments, xiijs. iiijc?. — THE GRENK CHAMBER, ijs. — THE MILK HOUSE. —
THE KICHIN LARDER. — THE MAYDES PARLER. — THE LITTLE PARLER. —
THE BREWHOUSE. — THE HALL. 2 longe tables, and a square table with
formes and seates thereto, xs. — THE BUTTRY. — THE WYNE SELLER.
Wyne and kaskes with little runletts, boords, and some other things,
xxs. — THE OXHOUSE. Bedsteade, coverletts, &c., iijs. iiijc?. — THE GAR-
DEN. One hive of bees, vs. — THE BREWHOUSE CHAMBER. — THE BARNE.
— THE COURT. Coales there, xs. Summa totalis, ccxxijZ. xvs. iiijc?.
Mrs. Pudsay, as I have said before, had seven children. Four of them
were sons — William, Henry, Ambrose, and Thomas — and three were
daughters. Of the daughters, Margaret, the eldest, became the wife of
llobert Trotter of Skelton Castle, Esq. ; "Winifred married Thomas
Meynell of North Kilvington, Esq. ; and Mary Pudsay, her sister, to the
best of my belief, died unmarried.
"William Pudsay, the eldest born of the family, seems to have lived in
a retired manner upon his estate in Craven. He was just of age when
he administered to his father's effects in 1577, and he enjoyed the fa-
mily estates for more than fifty years. There is a complimentary allu-
sion to his birth and accomplishments upon a fly-leaf of the Book of
Hours, which has been already mentioned. It is as follows : —
Hear lyes the body of "Win. Pudsey, Esqr.
Noble descended of ye mother but nott of y* sire.
A Scroop in condition,
A Clifford in face,
A Nevell in voise,
A Evers in pace.
God rest his soul ! Amen.
186 THE PUDSAYS OF BAKFORD.
Through his mother he inherited the characteristics of the three great
houses of Scrope, Clifford, and Neville, but the "pace" and the blood
of the gallant family of Eure came to him from his grandmother. The
chronicler seems to have been partial to the honours of the Scropes, as
the Pudsays too could boast of illustrious blood and an ancient ancestry.
The great Prince-Bishop of Durham, from whom, as I believe, they
undoubtedly sprung, was the son of a sister of King Stephen. His
descendants had secured for themselves alliances out of ancient and
noble houses, and one of our own poets has sung of one of the bravest
barons in the house of Eure, with whom they were in several ways
connected —
" Lord Eurie is of noble blood,
A knightes son sooth to say ;
He is heir to the Nevill and to the Percy,
And is married upon a Willoughby."
There is one romantic incident in the even life of the Esquire of
Bolton, to which Dr. WMtaker alludes in his History of Craven. A
mine from which silver was derived was discovered upon his estate in
Craven, and Pudsay yielded to the temptation and invaded the preroga-
tive of royalty. "Webster, in his Metallurgies, tells us how " one Mr.
Pudsay, an antient esquire, and owner of Bolton Hall juxta Bolland, in
the reign of Elizabeth, did get good store of silver ore and convert it to
his own use, or rather coined it, as many do believe, there being many
shillings marked with an escallop, which the people of that country call
Pudsay shillings to this day." The offence, however, was overlooked, and
the culprit was permitted to go down to his grave in peace.
To that grave he came at a good old age, with his children and his
grandchildren about him. His eldest son had died before him, but he
had still a very numerous family to carry on his name and line. In his
will, which is dated at Bolton on 12 August, 1629, he makes abundant
provision for his children ; but the order which he makes for the sale of
his manor of Hackforth, seems to shew that those pecuniary difficulties
had already begun which obliged his grandson, a generation afterwards,
to sell his estate of Barford.
I shall not now bring before my readers the history of his many
children, as they are not mentioned in the calendar which it is my pre-
sent object to illustrate. To his brothers and their descendants I shall
now revert. Of them there were three— Henry, Ambrose, and Thomas.
Of Henry Pudsay, the eldest of the three brothers, there is nothing
known. I do not find him mentioned in the wills of his brethren, and
the probability is that he died in early life.
THE PUDSAYS OF BARFORD. 187
The will of Thomas Pudsay is preserved at York, and is dated on
Feb. 20, 1619-20. It appears from it that he resided at Hackforth. He
leaves all his lands in that place, in which Sir Thomas Metham, Kt., Sir
Thos. Fairfax of Walton, Kt., and Anthony Meynell of Kilvington,
Esq., were enfeoffed, to his wife for her life, and after her decease to his
only child, Philippa Pudsay, with remainder, if she dies issueless, to
Michael Pudsay, son of his brother Ambrose. He orders his lands at
Ainderby and Dalby to be sold by his executors, Metham and Fairfax.
On May 31, 1620, his widow administered to his effects.
I now come to the remaining brother, Ambrose Pudsay. He was the
owner of the estate of Picton in Cleveland, but was for some time resi-
dent at High Close, in the parish of St. John's, Stanwick. From the
position which he occupies in his mother's will, it would appear that he
was her favourite son. He was twice married. His first wife was Anne,
dau. of Robert Place of Dinsdale, Esq., the widow of William Dent of
Piersbridge, gent. By her he had an only daughter, Elizabeth. After
the death of his first wife, which happened before 1612, he took to him-
self a second consort, Jane, dau. of Edward Wilkinson of North allerton,
by whom he left three children — a son, Michael, and two daughters —
Margaret, who married Phillip Anne of Frickley, Esq., and Catharine,
the wife of Robert, second son of Chr. Place of Dinsdale, Esq. His
will runs as follows : —
June 23, 1623. Ambrose Pudsey of Picton — to be buried at the plea-
sure and disposeing of my freindes. To my daughter Elizabeth Pudsey,
which I had by my first wife, 110?., to be raised out of my goods within
three yeares, in consideration of the goodes and money given her by
Elizabeth Pudsey, her grandmother, late of Barforth, deceased. To my
wife, Jane Pudsey, three of my best kyne. To my mother-in-law, Cici-
lie Eshall, my nephew and godsonne, Richard Mennell, my neece, Phil-
lipp Pudsey, and to my sister, Margaret Trotter, each an 11*. peece.
To everie pore bodie in Pickton, 6d. To my daughters Margaret and
Katherin Pudsey, each 60Z., in consideration of the legacies given them
by theire grandfather, John Eshall, deceased, or by theire grandmother,
Elizabeth Pudsey, deceased. I give 40s. to be bestowed for cawseing of
so much ground and mending the hie way lyeing on the foreside of my
dwelling howse and frontstead in Picton.
My cosin Mr. John Witham of Cliffe, my uncle Anthonie Metcalfe of
Audbrough, my cosin Mr. Lawrence Saire of Worsall, and my wife Jane
Pudsey, executors. My wife to have the tuition of my sonne Michaell
Pudsey. The residue to my two daughters. [Proved 13 Feb., 1623-4,
and administration granted to the executrix.]
Michael Pudsay, his only son, was born in 1618. He took to wife
Mary, second dau. of Gerard Salvin of Croxdale, Esq., who was born on
188 THE PUD SAYS OF BARFORD.
Feb. 24, 1618-19. By her he had a large family. When the great re-
bellion broke out, Michael Pudsay, with the rest of his kinsmen and
connections, supported the royal cause. He suffered severely for his
loyalty. By the Act of 1652, in which he is described of Middleton
George, all his lands were declared to be forfeited to the Commonwealth.
Nor were his kinsmen more fortunate. One or two of the sons of
"William Pudsay of Bolton were killed in the field. His cousin Ealph
Pudsay of Stapleton, a captain in the royal army, was killed at Naseby,
and the Act of 1652 took away his estate from his widow. He had
made himself peculiarly obnoxious to the rebels on more than one occa-
sion. A royalist broadside, issued in 1640, tells us " how about a hun-
dred of the Scottish rebels, intending to plunder the house of M. Pudsie
(at Stapleton), were set upon by a troupe of our horsemen; thirty-nine
of them are taken prisoners, the rest all slaine except four or five which
fled, whereof two are drowned."2
Michael Pudsay, however, survived these commotions, and recovered
his confiscated property. When Sir William Dugdale made his Visita-
tion of Yorkshire in 1665, he recorded his pedigree before him, being
then resident at Lowfield. He had five children : Thomas, his only
son; Mary, who was 22 years of age in 1665 ; Elizabeth, was was born
in 1648, and died in 1731, aged 83; Margaret, born in 1652, who was
buried at St. Oswald's, Durham, 21 July, 1717, being, as the Eegister
calls her, "an old maid, a Papist;" Anne, born in 1650-1; Catharine,
buried fit Forcett, 12 Aug., 1661. In addition to these children, the
parish register of Forcett informs us that a " Mr. Michael Pudsey of
Lowfield had a young child buried 9 Dec., 1661."
Thomas, the eldest son of Michael Pudsay, was 21 years of age in
1665. In his will, dated 7 April, 1723, which was proved at Durham,
he calls himself of Blackwell and of Picton. It is a short and uninte-
resting document. His death took place whilst he was on a visit to his
kinsmen, the Salvins of Croxdale, and his bones were laid beside those
of his sister Margaret, in the burial place of that ancient house, at St.
Oswald's in Durham, on the 20th of April, 1723.
His widow, Mrs. Lucy Pudsay, with whose maiden name I am not
acquainted, was buried at Barnard-castle on May 3, 1724, leaving two
children behind her, Michael, an only son, and Mary, who was married
at Haughton le Skerne, 24 May, 1708, to an ancestor of the late Baron
Hullock, William Hullock of Barnard -castle, merchant.
Michael Pudsay administered to his father's effects at Durham on
2 Longstaffe's Darlington, 133.
THE PUDSAYS OF BARFORD. 189
Sep. 17, 1723, having at that time his residence at Staindrop. Among
the papers in the Crown Office at Durham, under the year 1710, we find
that one Richard Simpson, of Barnard-castle, carrier, was sentenced to
be burned on the left hand for committing a burglary in the house of
Michael Pudsay, merchant, in Barnard-castle, on the 26th of Jan. The
thief had abstracted a silver tankard, worth 4£., six table spoons, two
pair of silver cock spurs, a silver chain, two silver seals, nineteen
yards of silver lace, six laced cravats, and IQl. in money.
Of the history of this the last of the Pudsays of High Close and Low-
field, there is little known. He had two sons, both of them bearing his
father's name, Thomas ; both, however, died young. One was buried at
Barnard-castle on Feb. 9, 1707, and the other on Aug. 9, 1719. He had
two daughters, Catherine, who died in her infancy in 1720, and Mary,
who was baptized at Eomaldkirk Sep. 7, 1714. I have every reason to
believe that she survived all her family and connections, and died in
loneliness and poverty at Yarm, about the year 1810, the last person who
lore the time-honoured name of Pudsay.
The mother of these children was buried by her husband at Staindrop
on the 31st of March, 1729. He survived her more than twenty years.
With his last resting place I am not acquainted ; but it is probable that
he was laid beside his wife. He was close upon three score years and ten
when he died. Let us hope that his last days were not embittered by
extravagance or shortened by want.
In the Calendar of the Book of Hours which had descended to him
from his ancestors he made several entries. On one of the fly-leaves he
inscribed the complimentary verses upon William Pudsay, Esq., which
have been already given, and below them he has written as follows : —
As below was found wrote on a grave stone in Gainford Church, and
taken up when Mr. Craddock was buried, July 9, 1736.
Hie jacent Dom8. Willi'mus Pudsey Miles, et Elizabeth uxor ejus
quorum animabis (sic) propitietur Deus. Amen.
This monument may still be partially seen in Gainford Church. It was
probably entirely uncovered when Mr. Cradock was buried, nor can we
feel surprised at finding a copy of the inscription in the handwriting of
Michael Pudsay. He would deem it worthy of being recorded in the
volume in which there were so many notices of his ancestors.
After the death of Michael Pudsay in 1749, this volume, in all proba-
bility, passed into strange hands. In 1835 it was in the possession of
J. Bawling Wilson, Esq., of Newcastle-on-Tyne, who permitted the late
VOL. IT. 2 c
190 THE PUDS AYS OF BARFORD.
Sir Cuthbert Sharp to draw up that imperfect notice of its contents
which is to be found in the Collectanea Topographies, ii. 1 76. It is now
in the possession of Captain Ducane, R.E., who purchased it from a book-
seller in Newcastle, and kindly allowed the extracts to be made which
suggested the compilation of the present paper.
.JAMES RAINE, JUN., M.A.
York, January, 1858.
191
TESTAMENTARY CURIOSITIES.
NUNCUPATIVE WILLS.
I PROPOSE in this paper to introduce to my readers a class of wills of
peculiar interest and novelty — I mean those which were made by word
of mouth, or, in a single word, nuncupatively. They were generally
executed by persons in some emergency, or in the extremity of sickness,
when writing materials could not easily be obtained, and the testator
entrusted the disposition of his property to the memory of the by-
standers. Before the reign of Elizabeth such documents are rarely to
be met with. They are generally brief, but they are very interesting.
The prodigal, the profligate, and the careless come before us. Here is
a poor person who is stricken with the plague, and fears the too common
end of that awful and now unknown complaint. Here is the labourer
arrested by the hand of death in the midst of his employment, and
anxious only for the weal of his wife and children. Here is the worldly-
minded man, who is summoned from his counter to the grave, and
whose thoughts in the very hour of death are fixed upon his farm and
merchandise. And here, again, comes the aged man before us with all
his childish petulance and distrust, brooding still over some imaginary
wrong, and speaking his bitter words from the very gates of the grave.
How many little miniatures are here before us, speaking likenesses of
those who are now among the dead. How much do they recall to us —
how many memories from the dead — how many warnings to the living !
Here is the account of an old man's deathbed.
Memorandum, That Richard Watson of Catton in the Countie of
Yorke, yoman, beinge sicke of bodie but of perfite remembrance, sente
for William Speight e of the said towne, upon Saterday, the xvth day of
October, Anno Domini 1575, betwene vij and ix of the clocke at nighte
or therabouts, to be a witnes of his laste will and testamente : wher at
his comminge the said William asked the said Richard Watson how he
did, and the said Richard awnswered and said, "sicke," and further
said, " Thes folkes do treble me, wolde they lette me alone I wolde open
my mynde to yowe and John Johnson ; " the said Speighte aunsweringe
said, "Richarde, I will tarrie with yow a good while, you shall have
leysure enoughe, lette the folkes goe furthe, and putte the candle from
your eyes and se yf you can sleep a litle, and I will come to yowe
192 TESTAMENTARY CURIOSITIES.
agane." And then the said "William wente oute of the celler into the
fier house and tarried furthe aboute thre quarters of an ower, or ther-
abouts : after which tyme he called for the said Speighte and the said
John Johnson, who wente into the celler to hym, and the said John
Johnson said, " Goodman Watson, hear is Mr. Speighte and I, what is
yourmynde?" the said Richard Watson answering said, " The false
preiste haythe deceaved me." The said Speighte then awnswering said,
"Richarde, wherein." Then the said Richarde aunsweringe said,
" They say I have gyven my childe nothinge," poynting his hand to a
litle girle called Eliz: Foxton, whom he was grandfather unto, then
standinge by the said Speighte, which girle he had broughte upp from
her infancie, which girle of custom did call hym father, and he called
her his childe of like custome, and which girle, as it is notoriouslie
knowen, he loved above all other. Then the said Speight aunsweringe
said, " Richarde, what do you give her ?" The said Richard Watson
then aunsweringe said, "I give her my howse and the four crofts to
yt." Then quoth the said Speighte, " Richarde, and what els do you
give her ?" Then the said Richarde Watson aunsweringe said, " Even
all." Then the said Speighte aunsweringe said, " Richard, is it not
your will and playne meaninge that your wife and this childe shalbe
your executors, and that they two shall have the bennefitte of your
goods ? " Then the said Richarde Watson aunsweringe, as it semed
with a more gladnes of mynde for the expressinge of the premisses,
sayinge, "Yes, yf yt were worthe ten thowsand millions." Then and
ther beinge presente the said William Speighte, John Johnson, Alice
Speighte, wife of the said William Speighte, Isabel Harison, Anne
Rodley, John Rodley, Richarde Caid, Vid. Smeton, Margaret Mathewe,
wife of Henry Mathewe, John Smeton, and Roberte Clarke yonger,
and diverse others. And after the said will was thus ended and maid,
ther came in Isabell Smeton, wife of John Smeton and mother in
la we to Roberte Clarke the yonger, and said, " Goodman Watson, I
pray God comforthe yowe and sende us mery metinge," or suche lyke
wordes in effectt, to whom the said Richarde Watson aunsweringe said,
" They budd have all, they budd neide have all," meaninge his wyfe
and that childe, as they that were presente did understande him, and
the said Smeton wyfe aunsweringe agayne said, "And very good
reason."— [Pr. 31 Dec., 1575.]
As a contrast to this, I shall give you that of a young man, one of
the Richmondshire family of Laton, which was made in 1577. He was
probably in the extremity of his sickness when —
"Taking his father, John Laton, by ye hande, he said, Father, I do
knowe all y* I have came by you, and by your good meanes, and there-
fore I frelie leave it and geve it all to you."
Poor young man ! he was the heir apparent to a good estate, and his
father's eldest son. Prom his inventory we learn that his only property
was his dress, valued at 131 6s. Sd., a jewel of gold, prized at the some-
NUNCUPATIVE WILLS 193
what large sum of 10?., and six horses, which were worth 30Z. But we
gather from the same document that there was owing to him the large
sum of 5701. 10s. Surely, without any great amount of ingenuity, we
may fill up the picture, and place before us the gallant, gay young gen-
tleman in the golden days of Elizabeth, free-handed to a fault, and un-
kind only to himself. He was probably fond of a little racing too, for
Richmondshire was a dangerous neighbourhood, and we find that he was
the owner of six horses. I have seen several articles of attire of the
Elizabethan age, which have descended with the representation of the
family of Laton into the possession of the present Chancellor of Durham.
Very fair they are, and sparkling with embroidery ; and^I can well
imagine what a gallant show young Laton would make when he ap-
peared attired in them, and decked with his golden jewel, upon the
great race course upon Gaterley Moor, which is close to his own
residence. What a contrast it is to turn from this to the few affection-
ate words which he uttered on his deathbed to his sorrowing father,
who had summoned two of his old servants to listen with himself to the
last words of their youthful master.
Here is another deathbed scene.
" These wordes followinge Rauffe Byerly of Tuddo, deceased, of per-
fit reason and memorie, spoke and said to Raufe Watson and Henrye
Rychardson, his neighbers, the night before he dyed, viz. vijmo die Octo-
bris, Anno Domini 1573, at which tyme lyeng secke in his forehouse at
Tuddo, willed his bodye to buryed within the churche of Brauncepethe
as nighe his father and mother as convenientlie myght be, and witlid
his wyffe to make an arvaill dynner for hym, and incontynentlie after he
had spoken theis words, the hickcoupe troubled him so core that the
aforesaid Rauffe Watson and Henrye Ry chard son hard hym speake no
more in this world."
The testator had barely time to say where he wished to be buried,
and to desire that there should be a dinner at his funeral, before he
became speechless. Few people who have witnessed a deathbed can
fail to know what the hiccough means.
I shall now give you a few instances of wills which were made when
that fearful and devastating epidemic, the plague, was raging.
Memorandum, That Nichols Hedlie of Tanfield, finding him selffe
scant well, said unto me, Robart Archar, curate of Tanfield, and to
Thomas Browen, parishe clarke there, these words, " My wyll ys, that
yf I showld catche this new sickenes, or yf God showld call up jn me,
then my will ys that my brother Thomas Hedly shall have my lease of
Tanfield during my tearme, yeres and interest." These words he spake
194 TESTAMENTARY CURIOSITIES.
in my howse the ix dale of Novembre, 1587, And in his syckenes con-
fessed to hys syster Barbary Hedlye, alias Sotherne, iilsoe. By me,
Robart Archer, curate of Tanfield — Thomas Brown.
Md. That Bryane Gule, lait of Blackwell, within the parische of
Darneton, about the second or thirde weeke in Lent, last past, then be-
ing sicke, but of perfect mynde and memorie, and being asked by one
Thomas Addie, to whome he wovld give his goods if he died, the said
Brvane answered and said, that "he wowldgive all his goods, if it weare
mo*re, to Mr. Garnett and Mrs. Garnett," (meaning Mr. Bartholmewe
Garnett and his wiffe,) and said, "it was all to litle for them, for they
had bene his and his wives succor in ther sicknes :" And about one or
two dayes after he died, then and ther being presentt the said Thomas
Addie, nowe dead, William "Wild, Thomas Kendall, Elizabethe Lyne,
and others. — [Pr. 159?, June 25.]
Aug. 3, 1604. Barbarey Errington of the citty of York, spinster,
being sick and a plague sore risen upon her, being asked by her mother
howe she would give her porcion, she aunswered, she would give all to
her father and mother. Her mother said " They neded it not," there-
fore asked her if she would give Elizabeth Tebb xZ. She aunswered
' Noe, she gave me noe warme drinck when she demaunded, therefore
she should not have soe much," but her mother said she should give
her Wl
Thursday evening, July 3, 1623. Edward Buckle of Yorke, glover,
willed that his two apprentices or servants, John Robinson and Thos.
Hunter, should have all his apperell (except his two gownes) and
willed withall that they would see two glasses of phisicke or oyntment
which he had from the doctors to be satisfied and paid for.
The next instance is still more curious. The testatrix was a person
bearing my own name, and lived at Richmond, in Yorkshire. On Sun-
day afternoon, the 18th of May, 1645, between three and five, her
house in Bargate being shut up on account of the plague, she sent for
her lawyer, who stood below her in the street while she made her will
to him from the open casement. On the following Saturday, the testa-
trix having died in the interim, her will was proved, the writer of the
will informing us that he himself and every legatee in that document
had been shut up in their own houses whilst the pestilence was raging.
Those who have read the fabled narrative of Defoe, and have looked
into the annals of the plague, can form some notion of the terror and
consternation of those days, when the cross marked in red upon the
doors told the wayfarer that the hand of death was within the house.
Bitterly, indeed, did the little town of Richmond suffer from its vio-
lence. Three-fourths of its population were destroyed. The sufferers
were interred upon the north side of the church, and these fearful visit-
NUNCUPATIVE WILLS. 195
ations were remembered even at the close of the last century, for even
at that time, curiously enough, every one refused to be buried upon that
side of the church, " for fear they should let out the plague."
The following copies or extracts from nuncupative wills are thrown
into chronological order, and given without comment. They are de-
rived from many sources, and none of them have been printed. Large
additions might be made to the list.
Memorandum, That I, Francis Birnand, lait of Knaresbrughe,
Esquiere, beyng of perfect mynde and memoiye, upon the xxvth day of
November, being Mundaye, and about xj, xij, or one of the clocke the
same daye, beyng mov'd by his cosing Eichard Hudson to make his
will, did answeare that he had maid his will, and had mayd his brother
Bichard Birnand his sole and full executor, and had geven hym all his
leases and goods, and to his brother William Birnand xxfo'., and to his
brother Edmund iij^'., and to his sister Susan Ixxfo'., and to Bell
Linghram Crokesnabbe his farme. After which words, stayinge, he said
"but I shall charge hym (meaninge his executor) verry sore," and then
required he might have rest to slepe. And after about thre of ye clocke,
after the gyfte of a lease to Myles Burnet and his wife of their farme,
beinge moved agayne by ye above named Eichard Hudson to declare
further, yf he would, towching his will, he declared and sayd agayne,
" That his will then was that his brother Eichard should have all his
leases, and be his sole executor." And, after about five of ye clocke,
being moved by Mr. Nettelton to make a further declaracion of his
mynd for ye gyfte of xxfo'. to his brother William, yt shuld be xxfo*. by
yeare. And for how manye yeares, he said these wordes, or ye like in
effect, " xxfo*. ye yeare, that is muche, stay, maisters, I am not able to
expresse my mynd." — [Prob: 18 December, 1582.]
An. 1586. Memd. That ye fifte daie of April, John Greane, ly-
inge at ye poynte of death, did aknowledge himself to owe unto Alis
Greane his sister xj*., and his will was that his wyffe showld paye unto
her (if hit pleased God to take him hence) that said xjs., and ix«. more^
so xx*. in the whole. Then I demandid of him what other depts he
awght, and he wold name non particuler to me save his rente, but said
as for other depts his wyffe knew thereof and wolde pay all. Now his
will was that Cicle his wife should have his goodes and paye his depts
withall, and to live upon, etc* More in this behalf I can not testifye,
for I was called sodenly to him and he was nigh spent when I cam to
him, yet of perfect remembraunce to my perseveraunce, and I departed
not from him so longe as any lyffe remayned in him. Per me Thomam
Brugendm' curattum de Eichmond.
Memorandum. That the xixth daie of February e, 1586, Ealffe Ewrie
of Edgnoll, within the dioces of Durham, esquier, beinge sicke, did of
him selffe will his father-in-law, Thomas Turner, to tarrye a little, and
he wold make his will, the which the said Thomas Turner willed him
196 TESTAMENTARY CURIOSITIES.
to doo, where uppon the said Ealffe Ewrie beinge of perfett minde and
memory, by worde of mowthe said as folio wethe : "I have no lands,
but all my goodes, bothe moveable and unmoveable, I give unto my
wiffe," meaninge Barbara his wieff; and then did the said Thomas
Turner saie unto him the said Ealffe Ewrie, " Is there non other unto
whome you will give any of your goodes?" who aunswered and said,
"Never one penye of my goodes will I give to anye but to my wieffe
onlie." Then there beinge three wittnesses, viz., Thomas Turner, Ealffe
Wawen, and Leonard Jackson.
1587. About Myehaelmas. George Lampleughe of Cockermouth,
Esquier, beinge sicke in his bodie and myndfull of his mortalitie, said,
"All that I have whatsoever I give unto Elline my wyfe, thinkinge
that they are all over little for her, and yf I had more she should
have yt."
Nov. 7, 1608. Henrie Lindley, Knight, of Middleham Castle, to be
buried in the church or chancell of Middleham. To Jeronima my wife
and ladie all my parks and possessions of Middleham and the Castle of
Middleham, &c., for her life. "Witnesses, Sir Charles Wren, Knight,
Henrie Paget.
On the same day, aboute one quarter of an houre after, he gave to his
nephew Edward Hoppie 601. out of Wodroffe in Kent during all the
terme of his lease thereof, which request was then in the lifetyme of
the said Sir Henrie Linley putt in writing. On the same day, aboute
eleven of the clocke, he did give to his servant John Sarkey 100Z. ; and,
a little after, he did give to John Coxe his servant the lodge in the west
parke of Middleham, &c., for his life ; and, about one o'clocke, he gave
to Wm. George, Lawr: Fishenden, and Thomas Denison, 40£. each, and
to Thos. Todd, 2Ql A little after he gave to his sister, Mrs. Stubley,
501., and on the same day he gave to everie one of his women servants
51. each.
^ April 11, 1611. Eobert Best of Kepeswick, labourer, left all to his
wiefe Barbaric Best, charginge her to pay all his debts and to bring
him honestly furthe att his buryali, and thereupon called for drinck and
willed Thomas Nelson to drincke with him.
About 19 March, 1609. Wm. Eranckelande of Glaisdale, par. Danby,
left his farme, &c., to Agnes his wife, whether she would marie to the
said farme or give consent that her sonne Thomas should marrie to the
same.
^ Aug. 5, 1622. "William Bethell of Yorke, gent., said that he had
given all to Elizabeth his wife, and she and noe other should have all
that ever he had to be at his dispose; whereat Wm. Knight replied,
sayeing that " Sir Walter Bethell, kt., would expecte to have some
thinge after his death, and might trouble and molest his said wife for
the same," to which the said Wm. answered that Sir Gualter Bethell,
kt., nor any of his, should ever have any parte of his goods.
NUNCUPATIVE WILLS. 197
March 13, 1621-2. Amer Walton of Tadcaster— beinge demaunded
by Doiothie Beane whether he would give anie legacie or anie parte of
his goods to any of his freinds, replied and said, that his wife Katherine
should have the lease of his house and all that small goods that hee had,
affirmeinge that it was all to litle for her maintenance, she beinge both
ould and laime.
The maner in what words Mr. Edward Conyeres of Hoppon did make
in worde his last will and testement, uppon the submession of his sone
Ho: Conyeres, to him of his knees, the fourth day of March, 1622, in
the pressint of Thomas Bradforth, Robert Conyeres, his wyfe Thomas-
son Conyeres, Ed: Ogell, Richard Haine, and Jane Horsly, in maner and
forme following : —
First he begune to relat how all was his and corned by his meanes,
and that the full power was in him to dispose as he pleassed, and it was
answard both by his wyfe and otheres ther pressent, that it was trew all
was his and corned by his meanes ; then he repleyed that his wyfe showld
have the thirdes of all his landes dewering his lyfe, and that she showld
have the hulfe of all his goods and chatalles, movabell and unmovable,
and that the boy, meneing his granchyll, Edward Conyeres, showld have
tine powindes a yere, and that his said wyfe showld have the tewession
of the boye, and that the said boy, Ed. Conyer, should have the inheri-
tance of his landes after his father, Ro: Conyeres his death. Whear-
npon Tho. Bradforth, his wyfe, and his son Ro: did all give him thanks,
and Thomas Bradforth called for the former will, which was syned and
sealled, and asked the said Edward Conyeres whether he showld pull of
the seall thearof from his former will, and he answared, "Yes;" whear-
upon the said Thomas Bradforth, in the sight of the said Ed. Conyeres,
did according to his mynd pull from the former will the seall therof and
therew it in the fyre, and so cansselled the forsaid will to make it frus-
terat, and this was all doune in the pressint of us whose names and
markes ar heanmto set, the day and year first above written. Tho:
Bradforth, Thomazin Conyers, Robert Conyers, Edward Ogell, Richard
Haine, Jane Horsly.
Robert Phenicke, gent., late of Scarborough, On Monday and Tues-
day, 29th and 30th March, 1624, beeing in the house of Ann Tole of
Thorneton, and then aged and weake in bodie through divers infirmities,
taking occasion to speake of Thomas Salvin of Thornton, gent., whom
hee acknowledged himselfe to be greatlye affected unto, in regard of
divers kind passages and freindship betwixt them, did voluntarilye saye,
that hee did give unto the said Thomas Salvin, gent., tenn peeces,
meaneing thereby tenn poundes, and did further saye that hee would
make him and that hee should bee as his child at the tyme of his
death, meaneing thereby that hee should have all or the most parte of
his estate, as the witnesses who were then present and heard his said
speech did verilie beleeve and conceive thereof; and the rather for that
the said deceased did reiterate and use the same words in the town of
Scarborough, some five or six weeks before his death.
VOL. II. 2 D
198 TESTAMENTARY CURIOSITIES.
1625. George Atherton of Foxton, beeing visited with sicknes, about
two or three daies next before his death, beeing in his chamber at Fox-
ton, did say that hee did not well knowe what his filiall and childes
porcion and rights was, but he gave it freelie to his mother, sayeing
further of his said mother, and acknowledging that hee had often
offended her, and thereupon craved pardon at her handes, and did
entreat her that shee would cause a bridge to be made and laid over
Barton Sike to helpe poore people over the becke when the water was
upp and high, which otherwise would cause the poore people to goe farr
about.
1625-6. 29 March. Thos. Bower, curat of Treeton, Notts. To his
cozen Wm. Bower and his son an English Testament with singinge
psalmes. To sunderie younge folkes certaine Englishe bookes, and his
will was further that all his godchildren should be remembered with
somethinge.
1626. Raiphe Thriske of Skitby, clerke, aboute Cristenmas two yeares
before his death. To his godsonne Raiphe Thriske his purse and his
ring and all his bookes. All the rest he gave to his brother Thomas
Thriske, and said " all was to little for him," sayeing, " he might have
layd in the streete but for him ; " and upon the day wherein he dyed,
viz., upon Sunday the vth of March last, he sent for the said Thos. and
gave him the key of his chist and bayd him give him a capp, and said
that he gave him the said key in possession thereof.
1627. 15 April. John Dowthwaite of Westhome, the younger, gent.,
beeing sick in bodie, did say " I give all whatsoever is due unto me unto
my grandmother," sayeing further, "yea, if it were a thousand times
more, God defend, who should have it else ? "
1627. May 16. Jennet Acy of Kirkeby, spinster. She did give to
Peter Acye one bee stall, and to his two girles one redd whie in the
"Would carr to make them a cowe betwixt' them. To Wm. Acy her two
acres of land with the arders. The rest she did give to the said William
Acy her brother, and tooke him by the hand and said " Billie, thou art
worthie to have it all."
1635. Apr. 9. Robert Spender of the cittie of York, being sick in
body, but of perfect remembrance, was demaunded by Frances Killing-
worth of the said citty, widow, how he ment to dispose of the meanes
God had lent him in case he should dye of that sicknes, and whither he
would make a will in writeinge or noe, his answeare was, that for other
will he would make none saveing that he did give his silver buttons to
his sonn Thomas if he were liveing, if not then to his sonn Francis.
And he dyed the 12 of Aprill.
Hemd. That Anthony Midleton, gent., late of Hartelpoole, who de-
parted this life about fower months since, did about 7 or 8 years or
NUNCUPATIVE WILLS 199
thereabouts next before his death make his last will in writing, and
signe and seale it in the presence of John Heath, Esq., Mrs. Margeiy
Linsey, and George Midleton, gent., and it was delivered to the said Mr.
Heath to be kept by the directions of the said testator, but the same
since is accidentally lost, and for the present cannot be found ; and in
that last will was given to Geo. and Eliz. Midleton, children of Mr. Geo.
Midleton, one of the witnesses aforenamed, being his kinsman, 20 mki a
peece, and the said Mr. George Midleton averreth that to the best of his
now remembrance he gave to his dau. Dor. Midleton 100Z., and he no-
minated Mrs. Jane Midletou, who was then his wife, but afterwards
dyed before the said testator, sole executrix. — Geo. Myddleton. — [Pr.
30 Jul. 1649, and adm. to Dor. M. his dau.]
1660. July 4. William Calverley of Newcastle-upon-Tyne (for which
town he was M.P.), dying in the parish of St. Andrew's, Holburn, said,
" Brother Ralph (speaking unto his brother, Mr. Kalph Grey, then pre-
sent), I will that you have a care of my said mother, Mrs. Barbara Grey
of Newcastle, for I give all unto my said mother, and tell her I am her
dutifull son."
1671-2. 20 March. Eichard Tothall, late chaplin of His Majesties
shipp the Crowne Friggott, batchellour, being att the house of Captaine
John Tonge, in the parish of St. Gyles in the Feilds, in the county of
Middlesex, and in his perfect minde and memory, but ready to goe
aboard the aforesaid shipp or friggott, did say, " If I dye before my
returne I doe give all that I have in the world either bookes, money, or
pay, to my nephew John Tonge, my sister's sonne, and make him my
heire."
1672. April 3. Katheren Gilpin of Kentmere Hall, "Westmerland.
" My will is soone made, for all that I have I give and bequeath to my
maid Jane Hodgson, and she to see me buryed in Lord Parke's (sic} quire
in Kendall Church, and all dues to be paid for the same."
1673-4. March 1. John Stoope of Gateside, co. Durham. "If it
please God I never returne (hee being takeing a voyage to sea), my will
is that all I have in this worlde shall be equally divided amongst yow
my executors," meaning Thos., Tomasin, Anne and Alice Stoupe, his
brothers and sisters.
1673-4. March 16. Susanna Topham, par. St. Giles in the Feilds,
widow, being asked whether the 590£. which remained to her of the
house in Yorkshire, which she had given to Edward Nicholson, a minor,
should goe to him, she said " Ai," and being asked further whether shee
did intend her two daughters to have her personall estate, she said,
" Ai, ai, all but my wedding ring to my sonne."
1674. 31 August. Mr. Henry Lascells of Ayryholme, par. Hovingham,
gen. Eight dayes before his death, haveing formerly made his will in
200 TESTAMENTARY CURIOSITIES.
writeing, did call for it, which being brought unto him, he declared that
the same was contrary to what he had promised his wife upon marriage,
and therefore he would and did destroy and cancell it, and gave all he
had to his wife.
1673. Latter end of July. Mr. George Shuttleworth, merchant, in
England, sometimes of Aysterley, co. Lancaster, and lately residing at
Stockholme in the kingdom of Sweedland. His nephew Wm. to be his
exr., paying such legacies to his kindred, frinds, and a free schoole in
Lancashire, as he had made knowne to Mr. Thos. Erere and Mr. Wm.
Smith, English merchants residing with him at Stockholme.
1673-4. Jan. 23. Henry Gill of Benwell, in the chapelry of St.
John's, Newcastle-on-Tyne. "All that I have I give to my wife,
and neither the Gills nor the Bells shall have one groate of my estate."
Nor must the ladies be forgotten, for they could make nuncupative
wills as well as their lords. With them, frequently, the only thing to be
left was their wedding-ring or some article of apparel. One of the most
interesting and aifecting documents of the kind that I ever met with is
the following : —
"Upon Mounday, after twelve of the clocke at night, 21 June, 1630,
Agnes Gascoigne of Otley, widdowe, lyeing sicke, upon the sicknesse
whereof she dyed, sent for John Eisheworth, gent., her brother, to come
to speake with her, he being then at the house of Anthonie Hirst of
Otley, who then presently came to her where she lay, and said, ' Sister,
I pray you be good to your servants,' to which she answered, ' What
would you have me to doe ?' to which he replyed, ' I would have you
to give to Alice Gascoigne Wl, to Ester (meaning Ester Streete) 5J.,
and to Anne (meaninge Anne Laicocke) 40s. ;' to which she answered
and said, ' Yes, with all my hearte.' And further she said, ' I give
either of my cosen Hoppeys (meaninge Nicholas and Mathew Hoppey,
gent.), 5s. ; and I forgive you, brother Risheworth, all that is betwixt
us, and I make you my whole executor of all that I have. And soe,
good brother, lye your cheeke to myne,' which he accordingly did, and
then she said ' Good night.' Whereupon the said Mr. Risheworth tooke
a cup and drunke to her, and she then drunke and pledged him."
What parting could be more affecting ? It may perhaps seem strange
that the wine cup was introduced, but the brother and the sister were
following what was then the custom, when they drank to their happy
meeting in another world.
Sondaye, Dec. 15, 1605. Margaret Strangwayes of Galley Greene,
par. Smeton, widow. All to Anne Cooke, her sister's daughter, whom
she had brought up in her house, and her children, and did say, " Good
wives and good maides, for the passion of Christ, remember this, I doe
NUNCUPATIVE WILLS. 201
give my lass (meaninge the said Anne Cooke) and her children my house
and all that I have."
June 3, 1623. Alice Hall of Long Riston, widow. All that now I
have I give to my sonne Richard, saieing farther, that if it had beene
fifteene tymes as much she did thinke it to litle, and hereupon did deli-
ver unto the said Richard a redd flecht cowe.
1631. 23 Oct. Marie Rider, alias Swift, late of Armthorp, and late
wife of Robert Rider, Esq., and dau. of Sir Roberte Swifte, kt., late of
Doncaster, deceased. She did give to Eliz. Hill of Mizen, her beaver
hat with a gould band, and a cambricke apron then upon her, whether
it should please her to accept of. The rest to her loving freind, Francis
Gresham of Armthorpe.
When we have such examples as these among the lower grades of so-
ciety, we must not forget that some of the noblest in the land set them
the example. I can give you instances among the peers spiritual as well
as temporal — so common was it to defer the making of a will to the very
close of even a long life, or to make it depend upon a few words, per-
haps hastily spoken, many years before.
Such an instance have we in Emmanuel Scrope, the Lord President
of the Great Council in the North, He had been recently elevated to a
higher grade among the peers of England, by the title of Earl of Sun-
derland, but he left no son to carry on his honours after him, and the
title expired, as it began, with him. He had been in a decline for a
long while, which was considerably accelerated by a blow which he had
received whilst he was playing at the then popular game of football. He
languished for some time, and died in the autumn of 1630, the last noble
in his illustrious house.
The will of Jane Countess Dowager of Shrewsbury was made in the
same way in 1625. She was one of the coheiresses of the baronial
family of Ogle, so renowned in Border warfare, and was allied in mar-
riage with Edward Talbot, the eighth and last earl of Shrewsbury of the
ancient line. She requested that her body should be interred at West-
minster by her lord's side. The residue of her estate, after a few tri-
fling legacies, she bequeathed to her only sister the Lady Cavendish, her
executor, and in conclusion she kissed her sister's hand, and said, " I
doe seale this my last will with my lippes."
Through that sister the castle of Bothal and the lordly inheritance of
the Ogles has descended to the Ducal house of Portland. She was at
that time a widow, and had made her own will in the preceding year,
not hastily like her sister, but slowly and discreetly as became a lady of
her rank and greatness. In it she had left a cup of gold to her dear
202 TESTAMENTARY CURIOSITIES.
sister of Shrewsbury. There is, however, many a slip between the cup
and the lip. Lady Shrewsbury never lived to receive this token of the
love of her only sister, who followed her to the tomb in the stately
Abbey of Westminster. They were a pair of noble-hearted sisters.
They had suffered and they had lived together. Each had deserted the
North for a Southern home. " They were beautiful in their lives, and
in their deaths they were not divided."
Another instance, and the last that I shall give, is a person of high
rank and greatness — the Primate of England — Dr. George Mountaigne,
the Lord Archbishop of York. He came to York in 1628, having pre-
sided over three of our English sees before that time. It will seem
strange that he was ever removed to York, as the celebrated Dr. Mead,
in a letter which describes the ceremony of his translation, says of the
new Primate, " His Grace of York carries death in his face, and looks
as though he cd not live twelve monthes to an end. He was brought
and carried forth in his chaire, being both lame and deaf." The learned
doctor's fears were too well founded, for the Archbishop, as Fuller the
historian tells us, was " scarce warm in his church before he was cold
in his coffin." Exactly four months after this letter was written, the
new Primate died. The only will he left behind him was one which he
executed by word of mouth in the preceding year, when he was Bishop
of London. The whole of his estate was given to his brother, with the
exception of two interesting legacies ; "he willed and bequeathed 100?.
unto and amongst the poore people of Cawood, where he was borne, and
hee also gave and bequeathed fower rings unto fower little girles whome
his lordshipp had used to call his wives." Who these little girles were
we cannot now discover, but it is not unreasonable to suppose that they
lived at the place of his nativity. He had risen from a low degree to a
high estate. Fifty years before his death he was a poor country lad,
running about Cawood with his companions and schoolmates, and those
days seem to have been well remembered by him. In the church of his
native place his bones, according to his desire, were laid. A tablet on
the wall still marks the place of his interment. He is the only worthy
of whom that little town can boast, but it may well be proud of Arch-
bishop Mountaigne.
JAMES RAINE, JUN., M.A.
York, January, 1858.
203
IS THE CATHEDRAL WITHIN THE CITY OF DUEHAM ?
THE Castle of Durham defends the land approach to a fortified en-
closure, all the other walls of which have the Wear flowing helow them.
To the founder of Framwellgate Bridge (Bp. Flambard) this fortifica-
tion owed great part of its strength, and the Place Green its beauty.
" Urbem licet hanc natura munierit, muro ipse reddidit fortiorem et
augustiorem. A cancello ecclesiee ad arcem usque castelli producta
muro construxit longitudine. Locum inter ecclesiam et castellum, quern
multa occupaverant habitacula, in patentis campi redigit planitiem ; ne
vel ex sordibus contaminatio, vel ex ignibus ecclesiam attingerent peri-
cula." And the builder of Elvet Bridge, to whom the burgesses of
Durham owed their first charter, emulated his predecessor in the Castle
also, "Murum quoque a porta aquilonari usque ad australem novum
fecit."
In this " stately close," which, in Leland's opinion, " alonely might
be called the walled town of Durham," stood the church and cloister,
which of themselves were " very strong and fair," the various buildings
of the monastery and afterwards of the college of Dean and prebendaries,
the churches of Saint Mary-le-Bow and Saint Mary-the-Less, and a
street immediately parallel with the eastern wall, of houses of military
tenants holding by their defence of the castle. Shut out locally and by
its use from the houses of the burgesses (which themselves were par-
tially defended by a second line of fortification, running from Elvet
Bridge by the " Porta de Clayport,"1 to the north side of St. Nicholas'
Church, and so again to the river, by the neck of the peninsula), the
enclosure was free from the Mayor's jurisdiction. The massive Bailey-
gate, or gaol, which stopped his worship's progress, stood across the
street where the line of demarcation ran. Within the close an inner
wall confined a still more distinct locality, approached by another gate-
way out of the Bailey, which not only was free from the Mayor's juris-
1 In 1347 we have a messuage " juxta portam de Clayport ex opposit. Eccles. S.
Nicholai," having the messuage of John de Eaby on the south, and " the wall of the
Borough of Durham on the north. — See Sur. iv., ii., 162.
204 IS THE CATHEDRAL WITHIN THE CITY OF DURHAM ?
diction, but was also extra-parochial,2 arid this, comprising the college
and the church, the clergy contended was not within the city or its su-
burbs, or the jurisdiction of the Incorporated Companies. The burgesses
denied the privilege, and treated the wall of the larger close as the
" ancient city3 wall," ignoring the distinction of the castle walls. The
claim for exemption of the lay-houses of the Baileys, which were not
within the smaller enclosure, was thought to be of still more doubtful
validity. The defendants in the following suit had heard that they were
within the suburbs, though not within the city or liberty of the Mayor.
Boldon Buke is brief and obscure, for the tenancies of Hatfield's
Survey would not have arisen, but the latter document places it beyond
doubt that in the 14th century, the Borough of Durham, which then as
in Pudsey's time, was at farm, did not comprise the Baileys, the tenan-
cies of which are set out ; and the exception went further than the
enclosure, for it comprehended various tenements (never called burga-
ges) to the north of it, in Sadlergate and other places in the moat4 which
had existed across the peninsula, but was now, like the moat of New-
castle, appropriated for domestic purposes.5 So the Convent, in enu-
merating their possessions in 1446, mention the Borough of Durham
distinctly from Old Borough,6 Saint Giles' Gate, and the North and
South Baileys. Bp. Pilkington incorporated Framwellgate with the
city, but no mention of the suburbs is made. Neither is there any in
Bishop Matthew's charter. The curriers in their bye-laws, indeed, use
2 Another small extraparochial place marks the site of the gaol.
3 The word City was used in two senses. In its confined sense, it was the Borough.
The Burgus of Hatfield, like the Civitas of Boldon Book, was at farm, yet in both
cases the whole of Durham was not included. The exceptions of the mills and hake-
house in Boldon Book are remarkable. In its wider and popular sense, it included the
town generally. In this paper, where the boundaries of the city are in dispute, the
word is used in its confined sense.
4 Sadler Street is sometimes called Northgate Street. Reginald Sesse conveys
"TJnam sceldam in Yico Sellarii, contin. septem pedes in lat. juxta viam regiam et
septemdecim pedes in longit. versus Motem Castri." — " Unam celdam super solarium
Reginaldi Sesse in Vico Portae Borealis et in longit. versus Motam Castri. — Sur. iv.,
ii., 164. This last property was perhaps not on the Castle Mote, and did service to the
Borough and the Bishop. Sadler Street seems to have derived its appellation from a
Ralph Sadeler, mentioned in Hatfield's Survey as a former owner of property in it.
6 1670. Robert Smyth of the city of Durbam, gent., and Anne his wife, Nicholas
Palmer, stone mason, and various other persons (all described as not of the city, but
as of Elvett in the county of Durham), dug stones in a piece of land called le Banks,
alias le Motesyde, in the city of Durham, so near to a house belonging to Samuel Mar-
tin, clerk, called le Gardenhouse, alias le House on the Wall, that the same house and
a party wall of stone enclosing its garden, fell down. Martin brought suit and had a
verdict.—/. J. Wilkinson's MS S.y vi., 29. .The Moteside Lane (Forster's Plan, 1754,)
runs from the Old Gaol to Silver Street, outside of the Castle Wall.
6 Given by Carileph to the Convent as " terra ex occidentali parte Dunelmi ultra
aquam de Were usque aquam de Brun." The boundaries, as fixed by Bp. Bek, are
given in 4 Sur., ii., 135.
IS THE CATHEDRAL WITHIN THE CITY OF DURHAM ? 205
the word, and the question arises, not whether they or any other company
could so enlarge their district, for their powers only extended to the
premises of Bishop Pilkington's charter, but whether if, in the event of
their obtaining the Bishop's confirmation, his power of creating boroughs
would aid them. If it would, the intent of the word <• suburbs" would
be an open question, but it is believed that the power would not avail.
Most of the houses in the Baileys were held by the honorable tenure of
castle-ward. We find holders by military service obtaining licences to
erect boroughs and having confirmations of them, but it is inconceivable
that a military holding could, at the caprice of the Lord, be degraded to
a burgage tenure.
If the case were so with ordinary tenants, much stronger would appear
to be the position of the owners of the Church and College. They held
an imperium in imperio. Bishop Walcher endowed them with posses-
sions, with all the liberties in them that the bishops had in their own
lands ; and Bp, Carileph, on their removal to Durham, gave them Elvet
and other lands free from all episcopal service. The King released to
them the rights of the Crown in all their lands, present or of future ac-
quisition, and the Bishop confirms the King's grant of a court, with all
royal customs which were granted to St. Cuthbert by the kings of Eng-
land. Elvet was given to the monks for the express purpose of having
16 houses of merchants for their own use, and in the Bishop's confirma-
tion of the court, the words "infra burgum et extra" are used. Under
these words or subsequent powers as to the "New Borough in Elvet-
halch," conferred by Bishop Pudsey, the Prior had a Borough in Elvet,
the remainder of his grant there being called the Barony of Elvet. Col-
dingharn says that Pudsey had erected the Borough himself and yielded
it up, on finding that it of right belonged to the monks. The suburb of
Elvet had been burned by Cumin, and perhaps Carileph' s Borough pe-
rished, if, indeed, it over existed under that name. Can the burgesses
of Durham, who also procured a charter from Pudsey, have already co-
veted the possession of the new foundation of Elvet? The case much
resembles that of Newcastle and Gateshead.
I am not sure that there ever was an old Borough of Elvet. By an-
other charter of Carileph, the monks had acquired property on the north-
west of Durham, which became the Prior's " Old Borough of Durham."
The charter granting it only mentions the church of Elvet and the town-
ship of Shincliffe. One would almost suspect an equitable exchange, but
rightly or wrongly the monks held both estates. The New Borough in
Elvet-halgh perhaps alluded to the Prior's old one rather than Pudsey's
chartered one in Durham, for though the latter may have had an exist-
TOL. II. 2 E
206 IS THE CATHEDRAL WITHIN THE CITY OF DURHAM ?
enco prior to his grant of extra liberties, the style of the Old Borough of
(not Elvet or the Priory, but) Durham, seems to point to a still earlier
foundation.
By Pudsey's charter the Prior's right to have a Borough of Elvet wag
indisputable, and although the Bishops did occasionally exercise high
regal prerogatives touching the Prior's lands, the power as to burghal
privileges was gone by Bishop Pudsey's grant to the Prior himself. Yet
the Companies of Durham, through that undefined word " suburbs,"
stretched their jurisdiction to Elvet.
The right of the Monastery to the Cathedral and the Cathedral Close
was not conferred by express words, but arose by implication from the
assignment of tho Abbot's scat and the decanal power to the Prior, the
introduction of the monks to their dwellings, and long possession. The
acquisition would conic under the words " ad honorem et ob amorem
Sancti," and confer the immunities granted by the charters. .Henry
VIII. 's charter of re-foundation gave all the site and precinct of the
Monastery, and all the Church there, with their ancient privileges, to the
Dean and Chapter, and the situation within the Castle conferred an ad-
ditional claim to exemption from the restrictions of the Borough.
But, whatever were the rights of the parties, a place like Durham
could scarcely maintain a double set of Companies, and the Freemen who
chanced to live in Elvet would be but too glad, in spite of their clerical
lords, to unite with their neighbours of Durham. Elvet, by degrees,
came to be considered as a suburb. Gowland, who appears to have been
engaged for the Freemen, in the case which will presently be particularly
set out, notes a decree of the Durham Chancery, between 1531 and
1586, to the effect that " New Elvet is in the city of Durham." 7 In
another, between 1609 and 1630, which restrained one not free from
exercising the trade of a mercer in Elvet, it was held to bo ;< in the su-
burbs." 8 And in a third, between 1661 and 1670, against a foreign
tailor, the issue had been whether Hallgarth in Elvet (the very caput
laroniaj was within the limits of the Corporation.9
The Castle precincts waged a longer contest. Sometime after 1671,
it was decided that the " North and South Balys were within the City,
and bound to grind at the Bishopp's Mills."10 At Hatfield's Survey the
" toll of the mill" was leased with the Borough, but as the soke of the
7 Lib. C. 217. — Gowland's Praxis Curiarum Dunelm, in J. J. Wilkinson's MSS.
8 Lib. G. 106.— Ibid. » Lib. L. 364, 391.— Ibid.
10 This is from Gowland's Index, but ho is more bi'ief in the note to which the in-
dex refers, " Uisliopp's Durham Mills. North and South Baileys within the custom.
Lib. M. fo. 244, 289."
IS THE CATHEDRAL WITHIN THE CITY OF DURHAM ? 207
mill was not necessarily co-extensive with the Borough, the case was
not conclusive. In 1676 or 1677, the meaning of the word City, as
used untechnically by a testator, came into question. The Mayor and
Aldermen had refused to pay to the churchwardens and overseers of the
two parishes of the North and South Baileys a proportion of Baron
Hilton's charity, which was bequeathed to the City poor generally.
"Whether the Mayor and his brethren considered that "City" did not
include " suburbs," or did not extend their jurisdiction with the same
avidity as the Companies, or were paying the complainants in their own
coin, their strict and unjust interpretation in such a case was not allowed,
A decree went against them, and the victorious churchwardens of the
North Bailey " charged 8s. they drunke in blew clarett to the poore's
accompt."
The extension of the Hilton Charity to the Castle precincts is men-
tioned in the following brief, which relates to the innermost or Cathedral
Close. It is without date, but the omission is supplied by a minute of
the contribution of II. by the Company of Carpenters and Joiners to the
City Masons, " to prosecute the suit in Chancery then depending against
the Country Masons, for working in the College in Durham." The date
of that is 8 June, 1699.11 It was not the first time that the Companies
had united against the Church when buildings were rising in the stately
close by the help of foreign hands. The County House, upon the Place
Green, was, it appears, built by a Quaker of Auckland, John Lang-
staffe, one who had been concerned in Sir Arthur Hesilrig's alterations at
Auckland, who had, in 1662, acted as prophet and professor, but who,
two years afterwards, demolishes his previous constructions at Auckland,
and afterwards is continually employed by the same patron, the Bishop.
In 1670 he had got into a scrape, by inventing a scheme of leasing the
coal of Auckland Park to the Bishop's son-in-law and one of his officers,
a scheme likely to be smoky and offensive to future bishops, and one
which Cosin refused to carry out. Two years is a short period for the
reduction of a fanatic, and Mr. Raine, in his Auckland Castle, naturally
enquires, " Had the Bishop converted him by dint of argument or the
promise of a job ?" Surely we may accept the latter explanation as the
truth, for here we have him as " a Quaker, whose goods Bishop Cozens
had seized, but who told him he should be no loser, for he should build
the County House — and he (the Bishop) would keep him harmless "
against the Freemen. The Freemen feared the successor of their incor-
porators, and were inactive, if not silent, and the Bishop's indemnity
11 Sur. IT., ii., 23.
208 IS THE CATHEDRAL WITHIN THE CITY OF DURHAM ?
was never called into exercise, though he may have had to pay in another
shape. The subscriptions hoped for from the Companies failed, and it
is not difficult to divine the cause. On 18 April, 1664, the Carpenters
and Joiners " agreed that nothing be given to the building of the County
House, as is by my Lord Bishop desired," and on 18 April, 1665, the
Cordwainers " refuse to give any further assistance towards building the
New County House."
The meeting of the Skinners on Skinners' Hill, the dates given to
lanthorns in the choir, to the font, and some of the woodwork in the
Cathedral, the Bishop's Library, woodwork in the Chapter's Library, and
renovation of the Castle, with other curious details, will also present
themselves in this document.
It only remains to be noted that Bp. Egerton granted a new charter of
incorporation, the old one having legally run out through the quarrels
of the citizens. He recites the preceding charter of Bishop Matthew,
and extends the residence of the electors and elected to the arts, myste-
ries, and faculties residing in the said [referring to the former charter]
City of Durham and Framwellgate, or the several parishes of St. Nicho-
las, St. Mary-le-Bow, and St. Mary-the-Less, or the extra-parochial
places of or belonging to the Castle of Durham, and the College or Ca-
thedral Church of Durham, or the parochial chapelry of St. Margaret,
the Borough of Framwellgate, or the several parishes of St. Oswald and
St. Giles, near the said City of Durham and Framwellgate." The char-
ter only professed to revive the old one, the byelaws contemplated were
only to extend to the Mayor, Aldermen, and Communalty of " the said
City of D. and F.," and all trades, &c., " within the said City of D. and
F," The extended limits only cure the defect of the old charter by
which the residence of an alderman within the City of Durham, at the
time of his election, was an indispensible qualification. The new dis-
trict was formed by the advice of the Bishop's Attorney- General.12
It does not, therefore, appear that the precincts of the Castle and pos-
sessions of the Prior there and in Elvet formed any portion of the Bo-
rough or City (in its burghal sense) of Durham, until the application of
the Municipal Corporations Reform Act, which abolished the monopoly
of the Companies.
HENRY LAMBTON, Esq., Attorney general to the Lord Bishopp of
Durham, on the relacion of Nicholas Rowell and John "Wilkinson,
Wardens ; Mathew Brown and John Johnson, Stewards ; Thomas
Buchanan and Thomas Watson, Searchers of the Company of Free-
13 See Hutch, ii., 41.
IS THE CATHEDRAL WITHIN THE CITY OF DURHAM ? 209
Masons, Rough -Masons, Wallers, Slay tors, Pavers, Plaisterers, and
Bricklayers,13 in the City of Durham and Suburbs of the same ; as well
on behalfe of the Bishopp as the Relators, Informant. ROBERT THOMP-
SON the elder, and ROBEET THOMPSON the younger, Defendants.
INFORMACION. (1.) The City of Durham is an ancient City, and hath
had diverse ancient suburbs thereunto adjoineing and belonging. "Which
City and suburbs have in them many ancient Companies, created and
confirmed14 by the Bishopps of Durham, and have had their continuance
by succession for many yeares, time whereof, &c., amongst which the
said ancient Company hath been for all the said time and yet is one.
(2.) And have by the like time, once in the yeare, i. e. on or about the
feast day of St. Andrew, assembled to elect two Wardens, two Stewards,
and two Searchers out of the Company, to governe the said Corporacion
for one year. Which Wardens, Stewards, and Searchers have been a
Corporation and had power to plead, be impleaded, make, constitute, and
ordaine wholsome laws for the better government and order of the said
Corporacion, and for the punishment of offenders against the said Cor-
poracion, whether Freemen of the said Corporacion or forreigners. (3.)
The Company being much oppressed by forreigners and strangers, at
their request Thomas [Morton] Bishopp of Durham, by his letters
patents (16 April, 1638, 10 Car. and 6 transl. Episcopi) under the Great
Seal of the County Pallatine, did confirme the laws, ancient customes
and usages of the Corporacion, and (inter alia) this ancient custome is
confirmed : — " That noe person which hath not served his apprentice-
shipp within the said City or suburbs shall set upp to work at the said
craft or trade within the said City or suburbs, or any part thereof, until
such time as he hath compounded with the Wardens, Stewards, and
Searchers of the said trade ; and hath paid and satisfy ed unto the
Bishopp of Durham for the time being the summe of 40s. for his agrea-
ment ; and to the Wardens, Stewards, and Searchers of the said trade
for the use of the said trade, 31. ; and shal alsoe pay to the said War-
dens, Stewards, and Searchers 20s., to be distributed by them for the
reliefe of the poor decayed brethren of the said trade and occupation,
upon paine of forfeiting to the Bishopp of Durham for the time being
40s. ; and to the said Wardens, Stewards, and Searchers, for the use of
the said trade and craft, 31. , to be recovered and levied as is thereinafter
expressed." And it is thereby alsoe provided that all the fines, forfeitures
and forfeitures shal be sued for by the Wardens, Stewards, and Searchers
in the Burrough Court within the City of Durham, before the Maior, or
in this court ; and that such suit as shal be begun in their time may be
proceeded in by them and not abated by the choice of any new Wardens,
Stewards, and Searchers. (4.) The relators were duly elected. (5.)
Defendants not free or admitted into the Company but strangers and
forreigners, in contempt of the said antient custome have several times
13 See Surtees, iv., ii., 24.
14 The " Rough Masons, Wallers, and Slaters" were incorporated by Bp. Hutton in
1594. Bp. James confirmed the byelaws of the " Rough Masons, "Wallers, Slaters,
Paviors, Tylers, and Plaisterers" in 1609. Their arms are entered in the Visit, of 1615.
210 IS THE CATHEDRAL WITHIN THE CITY OF DURHAM ?
wrought at the trade within the City and suburbs, especially about
December last, without makeing composicion, whereby they have
respectively forfeited to the Bishopp 40s., and to the relators 3L, which
have been demanded and they requested to desist useing the trade, yet
they have refused, and say they will use it in despight of the Bishopp
and the custome. (6.) That defendants may answere, &c., may shew
cause against relief, may be restrained, &c., the relators pray subpoena.
ANSWERES. (1.) It may be true that the City is an ancient
City, &c., and have several ancient Companies, &c. (2.) Know
not that the relators' fellowship is one, or that they have mett
to choose "Wardens, &c. Are advised they have noe power to
make lawes to bind or punish strangers or forreigners. But, for
anything they know to the contrary, any forreigners or strangers who
served an apprenticeship for seven years according to the statute,
might exercise their trades within the City or suburbs. (3.) Know not
that Thomas Lord Bishopp of Durham by letters patents confirmed any
lawes, &c. ; but if such be, referrs to it. Are advised the same is
against the liberties of the subject, and contrary to the lawes of this
kingdome. (4.) Know not that the relators were duely elected or quali-
fied. (5.) Neither served apprenticeshipps within the City or suburbs,
nor are free thereof, but served to the trades of mason and bricklayer
seven years within the county according to the statute, and are enabled
to exercise their trade by law. Deny that they at any time, in con-
tempt of any such ancient usage as in the informacion, wrought within
the City or suburbs. Till the exhibiteing of the informacion they had
not any notice of such usage, and it not thereby appearing how farr the
City or suburbs extend, they cannot directly answere whether they
have exercised their trades within them. Did not in December last or
at any other time exercise their trades in any place which to their know-
ledge or beliefe is within them : save 28 years ago, and not since, Robert
Thompson senior wrought at Mr. Neile's house in the North Baly,
which he beleives is not in the City or liberty of the Maior. Hath
heard but knows not that it is within the suburbs. Noe accion hath
been brought against him till this informacion, and the relators not
being chosen till St. Andrew day last, the informant is not entituled to
proceed against him. He wrought in noe place which to his knowledge
or beleife is in the City or suburbs. Deny they were requested to de-
sist useing the trade contrary to the pretended ancient custome, or that
they give out that they use the trade as often as they have occasion in
despight of the Bishopp and the pretended ancient custome, or that
they will take noe notice thereof. Have not compounded. Deny they
have to their knowledge forfeited any money or that the money pre-
tended to be forfeited was demanded of them. (6.) As the forfeitures
are to be sued for before the Maior or in this court, the Attorney
Generall ought not to proceed in this court for the penalties payable to
the trade ; for if the information be dismissed they can have noe costs,
as they might against the Wardens, &c., upon a bill exhibited by them
alone. Deny combination and traverse.
IS THE CATHEDRAL WITHIN THE CITY OF DURHAM ? 211
THE RELATORS' PKOOFES. — Knows the city of Durham and suburbs, the
streets called the North and South Baley, the Colledge or Prebendaries'
houses, and hath known them for seventy years and upwards, and Elvett
Bridge15 and New Bridge16 for all the said time. And all his remem-
brance there is and hath been a Blew Stone17 on Elvett Bridge ; which
parts the City and suburbs. The said streets and the Colledge and Pre-
bends' houses are all within the ancient City wall, and the liberties and
priviledges of the Freemen of the said city were always reputed to ex-
tend to all the said places. Noe forreigners nor outmen (not being Free-
men) could have liberty to work of their trades within the said street or
Colledge, or within any part thereof, unlesse imployed by a Freeman.
Twenty years since he was servant to Mr. Marmaduke Blakiston, one of
the Prebendaries, and his Prebend's house in the Colledge being out of
repaire, he imployed nonfreemen, or outmen, to repaire the same. But
the Freemen insisted on their priviledges, and obstructed them, and
either sued them, or threatened to sue them ; and, as Hugh Bo well, a
Freeman, declared, forced them to desist. And afterwards employed
Hugh Rowell to finish the work. (Richard Rashall, 87 yeares, speaks
for 70 yeares. John Robinson, aged 93, speaks for 70 yeares. John Bar-
racleugh, 50 yeares, for 40 yeares a labourer to the masons, and fre-
quently wrought at the Colledge houses. Richard Oates, for 56 yeares
speaks to several old men (masons) worke at the repaire of the Colledge
houses. But never any forreigners. William Reed, for 60 yeares, and
was labourer above 30 yeares agoe about repaireing severall Prebends'
houses, which he names, and never any forreigners wrought there but
under Freemen. The inhabitants in the two Baleys have right on the
City Common, and the poor there have part of Hilton's Charity given to
the city. Richard Brown, for 50 yeares, to the same effect. Arthur
Smith, for 50 yeares, to the same effect. John Baker, for 50 yeares, to
the same effect, and never knew but Freemen repaire the Colledge houses
or New Bridge, but Freemen, (but the defendants). Ralph Jackson, to
the same effect for 50 yeares, and 30 yeares a labourer to masons who
wrought in the Colledge. (Note. Baker and Jackson are the defendants'
witnesses.) Michael Belley, for 50 yeares, to the same effect. The
Skinners and Glovers meet on Skinners' Hill, beyond New Bridge, and
soe takes that bridge within the city18 priviledges, and wrought at Dr.
Adams' house (now rebuilding by the defendants) 40 yeares agoe, and
at several other Prebend houses. William Bell, for 3 yeares.)
Relators' trades have been incorporated (ut credit) beyond memory,
and proves their meeting and chooseing officers many yeares, and the
15 Elvet, as before stated, was the manor of the Convent, and partially a Borough.
16 New Bridge adjoined the southern point of the walls. The present Prebend's
Bridge is a little lower down the stream.
17 At the termination of the two -thirds of the bridge belonging to Saint Nicholas'
parish. The blue stone was a common mark of boundary, witness Tyne and Tees
Bridges over the water-boundaries of the palatinate.
18 This scarcely follows. The City might surround the walled close without com-
prising the river.
212 IS THE CATHEDRAL WITHIN THE CITY OF DURHAM ?
relatois being chosen last St. Andrew day for a yeare. Hath been their
clerk many yeares, and entered their orders. (Mr. John Wood. John
Barracleugh, to the same effect. Arthur Smith.)
A yeare agoe, two of Thompson junior's servants were workeing at
Dr. Dobson's house in the Colledge, and notice being given to the Warden
of the relators' trade, he sent one of the Stewards to discharge them
from workeing and threatened to sue them. Thompson came ime-
diately to the Warden, desired him to passe it by, and not put them to
trouble, for he knew not that the Colledge was within the Freemen's
Liberty, otherwise he would not have presumed to have sett his men at
worke there, and he would give him any satisfaccion therefore. Both
the defendants two yeares since for about three months together wrought
about the New Bridge, and deponent was a labourer under him. About
Martinmas gone a yeare Thompson junior flagged a kitchin for Dr.
Pickering at his house in the Colledge at 3s. a yard, and deponent was
his labourer and dressed and fitted the flaggs at Dr. Adams his house
in the Colledge, where the defendants are workeing, and have wrought
for several months last past, saith 8 or 9 months. ( Thomas Richardson.
Edward Stout. Arthur Smith, to the same effect. The ladders stood
in the North Baley, and the labourers served him that way. Thomas
Johnson, to the same effect, and was a labourer at Dr. Dobson's house
for Thompson, and acquainted the Dr. before he went to the Warden to
subrnitt. William Bell. John Barracleugh.']
In Juty, 1696, Thompson junior wrought at the trade of a mason in
deponent's house in the South Baley, in mending the topp of an oven
and an hearth, but took nothing for it. (Mr. Thomas Wharton.)
Twelve months agoe Thompson senior for 3 or 4 dayes together wrought
and helpt to repaire Elvet Bridge, for which deponent paid him (he
being the undertaker for bridges in the county of Durham). Heard
him say that he had wrought severall yeares by times in Durham at
several places above the Gaol gates without interrupcion by the Free-
men. (John Hedley.)
The Skinners keep their head meeting on Skinners' Hill beyond
New Bridge, believes beyond memory. Hath been their clerke 23
yeares. (Henry Rutledge. Michael Belley ut supra )
THE DEFENDANTS' PROOFES. — Hath known the Cathedral and Colledge
65 yeares, which, or a great part thereof, is built about with a wall.
For what use or intent it was built first, knows not. The Deane and
Prebends have repaired on their parts several times soe farr as their gar-
dens, orchards, or houses extend that joine on the wall. How farr the
wall extends or they repaire knows not, or whether it was to seperate
the Colledge from the City, but exempt from the Maior's jurisdiction.
Mr. Bowes — The Colledge hath great gates and a wall, and the Deane
and Chapter's porter locks the gates at 10 o'clock every night, and lets
none passe but such as he knows. A paire of stocks are kept there for
the punishing offenders in the Colledge. Ergo, the Church and Colledge
noe part of the City. The Maior exercises noe jurisdiction there.
Thomas Simpson. Mr. [ Cuthbert in dorso] Bowes, speaks for 20 yeares.
IS THE CATHEDRAL WITHIN THE CITY OF DURHAM ? 213
Humphrey Stevenson, 60 yeares. The Colledge reputed a distinct place.
Neither City, suburbs, or any parish, kept a constable there. Maior
hath noe jurisdiction. Once [did] ride the bound' down the Baly, but
stopt at the gates, in Oliver's time. (Mr. John Rowell, for 40 yeares.
The Church and Colledge are inclosed round with a wall, and the Deane
and Chapter repaire both at their charge. Abel Longstaffe, to the wall,
but knows not to what purpose.)
(Nota [in margine.~] The town wall is one side, and the churchyard
wall two sides, and the houses the other side. They have great gates
they enter by into the Colledge, but that is noe argument of exempcion :
then every gentleman's house in a city, or the City Halls in London,
must be noe part of the city.)
Knows not or ever heard it reputed that the Colledge was within any
of the parishes or suburbs of Durham, but extra-parochial, and paid noe
parish taxes, soe beleives it to be independent on the Maior or Corpora-
cion. Mr. Bowell — He is the Deane and Chapter register, and perused
diverse ancient grants of great exempcions priviledges and endowments
made to the church by diverse Kings of England and Bishopps of Dur-
ham, now in their custody. (Thomas Simpson. Mr. Bowes. Mr.
Rowell.}
(Nota. The Maior never did claime priviledge or jurisdiccion above
the gaol.19 But that is not the question, but whether the Freemen's
priviiedges extend, and that they touch not. Let them produce the
grants and see if any exempt from the Freemen's priviiedges, for the
words are only generall.)
Both the Bishopp and Deane and Chapter have at work men not free.
Thirty three yeares since John Brasse, a Freeman, had undertaken to
build some lanthornes in the Cathedral Quire, and imployed James Hull,
John Fairelasse, William Hogg, Thomas Sharper, Henry Wallas, John
Heron, and others, noe Freemen, to worke at that worke. Twenty nine
yeares since, Hull and Todd built the font, and they imployed men not
free, and never were disturbed. Hull undertook several other bargaines
with the Dean and Prebends for their houses, doors, and woodwork in
the Cathedrall, and he imployed several servants not Freemen ; and at
the Deanery, Dr. Grey's, Dr. Basire's, and several other prebends'
houses ; the Bishopp' s Library and the Hall in the Castle for nine years
together ; without any interrupcion from the Freemen. (James Hull.
Thomas Parkinson speaks to Hull and Todd's workeing in the Cathedrall,
and Thomas Brown a Freeman, but whether under Hull knows not.
Thomas Simpson, to Hull's workeing and Taylor, a forreigner. Sur-
veyed the work. Humphrey Stephenson. Mr. Bowes. Mr. Rowell.
Edward Hodshon.
(Nota mbers any the Prebends' houses.)
Twenty years agoe Christopher Crawforth wrought plumbers' work
(and his two sons) at the Cathedrall (and noe Freemen), and three or
four dayes mending the Deanery leads: fifteen yeares agoe at Dr.
Brevint's house : and eight years agoe he wrought at the Deanery with-
19 The Bailey Gate.
YOL. II. 2 E
214 IS THE CATHEDRAL WITHIN THE CITY OF DURHAM ?
out interruption : and twenty years agoe at the County House and GaoL
Soe Mr. Bowell beleives they may imploy who they please to work at
the Church or Colledge. (Christopher Crawforth, Thomas Parkinsonr
Mr. Eowdl to the same effect, and that 13 years agoe forreigne joiners
wrought at the Bean and Chapter's Library in the Colledge.
(Nota plumber then in Burham but two-
or three of them, and they d not wage wan-.)
(Ralph Jackson, Int. 5 [the defendants' own interrogatory], a labourer
about the Church and Prebend houses 40 years and never knew any but
Freemen work there except "William Heaviside and Edward Lambton,
who wrought under Christopher Shaddock, a Freeman, at Br. Grey's
house.)
Beleives there is noe such custome in the City that none but Freemen
have liberty to work in the Cathedral and Colledge. Beleives the Bi-
shopp, Bean, and Prebends may imploy who they please. (James Hull.
Sum. Stephenson saith to the same effect. But, as remembers, Freemen
have been all along imployed about the Colledge Houses.)
The Castle re-building was undertaken by Christopher Skirrey, a Free-
man, and none wrought there but who he imployed. The stone worke
of the County House was built by John Langstaffe, a Quaker, whose
goods Bishopp Cozens had seised, but told him he should be noe looser,
for he should build the County House. Langstaffe said he could not for
the Freemen. The Bishopp said he would keep him harmlesse, and soe
he went on and built it. But the Library and Castle were built or un-
dertaken by Skirrey and his partners. (Ralph Jackson to Int. 7 [as to
Skirrey.] William Reed, to Langstaffe' s building the County House.
John Baker. George Becroft. Tho. Simpson, Int. 7, and to Langstaffe's
rep. . . . Wm. Douthwaite to the same and to the workem. . . .and
building a place at the end the Library, and he and other forreign ....
imployed under him, and noe interruption. Humphrey Stephenson*
Abel Longstaffe, to Langstaffe's repaireing the County House.)
(Nota cannot be witnesses for the relators; soe forreigners
(workemen) cannot be for the defendants, they swearing for their own
advantage, for to destroy the City priviledges, that they may work there
as Hull, Crawforth, Bouthwaite, and Longstaffe. None of their wit-
nesses speaks to above 33 years workeing and that in the Cathedral, few
to the Colledge. Nay, their own witnesses Jackson and Stephenson say,
noe forreigners wrought there. As to the County House, the Bishopp
promised to indempnify him, and the Freemen would not contest with
the Bishopp whom they have their confirmation from, and soe great a
man.)
New Bridge stands without the City walls, and always repaired by
the Beane and Chapter, but whether with Freemen or forreigners knows
not till two yeares since the defendants and their servants rebuilt the
same for the Bean and Chapter, but whether the Freemen's priviledges
extend thereto know not. Beleives the Maior hath noe jurisdiction
there. Mr. Bowes — Thomas Eowell a Freeman askt 30GJ. for rebuild-
ing the bridge, and the defendants did it for 140?. and Wl more if it
was done to Mr. Bowes' satisfaction. (Thomas Simpson. Mr. Bowes.}
IS THE CATHEDRAL WITHIN THE CITY OF DURHAM? 215
The Hall garth in Elvet helongs to the Dean and Chapter, who keep
their courts there, and is part of two of the Prehends' corps, which for
his remembrance (60 years) hath been reputed a priviledged place from,
the City, and forreigners Henry Morris and John Baister wrought pub-
lickly there without interrupcion : and White a taylor, what interrup-
cion he met with cannot tell.
(Nota th is answered White.)
W. HYLTON DYER LONGSTAFFE, F,S,A.
216
BAKING IN DURHAM.1
IN THE CHANCERY OF DURHAM. Between HENRY LAMBTON, Esq., Attor-
ney-General of Nathaniel Lord Bishop of Durham, on the relation of
MARY BLAKISTON, widow, FRANCIS BLAKISTON, clerk, and DOROTHY
BLAKISTON, spinster, Plaintiffs, and EDWARD NICHOLSON and CHRISTO-
PHER MANN, Defendants.
1694. April 4. Upon the originall hearing, the matter appeared to be
for the establishing of the suit and service of the defendants, being
Common Bakers of bread for sale inhabiting within the City and Borough
of Durham and Framwellgate, to bake all their bread for sale at the oven
of the ancient common bakehouse, called the Bishop's Bakehouse, in the
parish of Saint Nicholas, which is, and time out of mind hath been, the
ancient common bakehouse of the Bishop of Durham and his predeces-
sors, and parcell of the possession of the Bishoprick, and anciently de-
misable and demised by such bishopps for one and twenty yeares under
ancient rents, and which is now held by the relators by lease from the
present Bishop under the ancient rents. Whereunto all common bakers,
victuallers, and regrators, living within the City and Borough, are bound
by ancient custome to bake all there bread for sale at the said bakehouse
ovens, after reasonable rates anciently used for such baking; to wit,
2cl. for every bushell of corne of Durham old measure,2 so made into
bread and baked, and soe proportionably for greater or lesser quantityes,
which is after the rate of five pence for foure bushells of Winchester
measure, since the late Act of Parliament made for reducing all the
measures of corne to that standard. Upon which custom the Attorney-
Generall prayed the aid and releife of this court, as it is the ancient
Court of Exchequer of the Bishopp of Durham for the time being, and
hath cognizance of the revenue of the Bishoprick.
The defendants denyed the custom, and issue joined thereupon.
The court upon hearing of all the proofes on both sides was fully sa-
tisfied of the custome and right of the said ancient common bakehouse
of the Bishopp, who is alsoe Lord of the City and Borough in right of
the Bishoppricke, and confirmed the same. But upon the defendantes
objecting the bakehouse or ovens not to be capable to perform all such
bakeings, and for satisfaccion of the court in that particular, it was or-
dered that a triall at law should be therein before Mr. Chancellar in the
Court of Pleas of this county palatine, at the sitting following, upon a
feigned wager.
1 Office copy decree in Mr. Trueman's Collections. In one of the order-books of
the Durham Chancery, there is an earlier decree concerning the Bishop's bakehouse.
At Durham, after an issue at law, it confirmed the verdict, ascertaining the custom.
Gowland quotes Liber EE. (1604 to 1609) fo. 38.
2_" Each score consisting of one and twenty corves [of coals] and every corve con-
sisting of eleven pecks and a half of Durham usuall old measure, one halfe heaped,
the other halfe streaked." — Lease of Coal in Low Wood, Great Lwnley^from Tho,
Fatherly to Alderman John DucJc, 1676.
BAKING IN DURHAM. 217
Which trial, directed att the first sitting after, by reason of a mistake
in omitting Mister Chancellor's name in the commission of pleas was had
afterwards.
[The issue was upon the old set form. The defendants were repre-
sented as holding a conversation with the plaintiff Henry Lambton
touching the bakehouse. The plaintiff alleged that it was sufficient,
the defendant denied it. Then in consideration of 5s. the defendant
promised to pay the plaintiff 100s. if it was sufficient.]
EVIDENCE FOR THE PLAINTIFF. — There are about 12 publique bakers of
rye bread, and about 16 bakers of white bread and penny pies, and such
like, within the City and Borough. All which by computacion doe
usually bake every weeke about 112 bushells of rye bread, and about
112 bushells of white bread, and other small wares. The two ovens be-
longing to the bakehouse can with ease baike 140 bushells of rye bread,
and as much white bread, weekly. They can take in over and above
the bound custome doubly every day of the white bread, and about 30
bushells of rye bread every day more then the bound custome.3 For
want of bread from those that are bound to bake they take in every day
of such as are not bound, and alsoe great numbers of pyes, puddings,
and other things from private houses, which they need not take in un-
lesse they pleased ; and if they did not take them in they would want a
great deale of imployment, and often times wee have one oven full of
bread, and not above two or three dayes in the weeke they have bread
in both ovens. Robert Clarke, John Cogdon, Jane Kempe, Elizabeth Lee,
[Mrs. Carr erased] Margaret Cartar, John Haire, Anne Peart, Elianor
Sail
OBJECTION. — At the bakehouse they order them to bring their bread
at a certaine hour betwixt 11 and 12 of the clocke of the day, and sett
it not into the ovens till 2 a clock, and keep their stuffe till 11 or 12 at
night and have it often burnt o'th outside and paist only within, and if
they bring all their bread on one day it would be impossible for the
Bishopp's two ovens to dispatch them.
ANSWER. — They usually appoint 2 of the clock in the afternoone,
and if any will bring their bread soone it is their own fault. And as to
the burneing the bread, others baked at the same time in the same oven,
and had their bread well baked ; and those that had not, it was their own
fault in not fetching their bread away in time, as particularly "Whitfeild's
wife, who left her bread and went to harvest work. And as to bringing
all in of one day, that is not usuall. But some bakes one day and some
another. (lidem. Sarah Etherington.}
If there be any defalt in the bakehouse man he is answerable to the
party, and makes them satisfaccion, as particularly Mrs. Bell had two
pyes and [they] run out, and the bakehouse man paid 5s. for the pyes.
(Robert Clarke.)
3 I cannot reconcile this evidence with the former. In one copy of the brief " a
considerable quantity" is written above the "140 bushells."
218 BAKING IN DURHAM,
1695. Aprill 1. Upon evidence given on both sides att the sitting
holden heare, the verdict was given for the defendents that the bake-
house was not sufficient to bake all the sale bread. Whereupon this
court having taken time to consider thereof until!
1695. Aug. 14. At this sitting it was moved by Mister Atturney
Generall, in the presence of Mister Davison and other counsell for the
defendents, to have judgment that the said custome may be preserved.
The whole matter was debated on both sides, and some presidents in
this court touching the custome of grinding at the Bishop's Mills, and
divers affidavits on the defendants' parts were heard.
The court considered that the custome was allowed upon the hearing
before the verdict at law, as well by records of antient trialls and ver-
dicts at law and orders or decrees of this court, as by the new proofes
in this cause, which would be all defeated or frustrated by setting the
bound customes at a generall liberty, who will have sufficient benefit
of their verdict by liberty to bake elsewhere if the Lord's antient bake-
house cannot perform the bakeing brought thither in a reasonable time,
or upon timely notice given over night. Therefore
DECEEED by the Right "Worshipfull Robert Dormer, Esqr., Chancellor
of the County Palatine of Durham and Sadberge, that the custome and
duty and service of baking all the sale bread and other things used or to
be used by the Common Bakers of bread for sale, and other Common
Victuallers, living within the City of Durham and the Borough of Fram-
wellgate, shalbe hereby confirmed and continued. All the defendants
subject or bound to the custome shall give notice or sett steven4 with
the bakehouse man, farmer or occupier of the relators' Common Bake-
house over night before hand, of the quantity and time of bakeing, or
else they shall carry or cause to be carryed to the bakehouse all their
bread or things to Ife baked and their to attend and expect the making
of the oven ready for bakinge thereof by the space of halfe an houre if
needfull, and, if it be not ready in that time, they shall then be at
liberty to carry away all such their bread and other bakeing to bee
baked elsewhere att their respective wills and pleasure. And soe the
duty and service shall bee observed untill the nixt sitting of this court.
And then if occasion bee both sides may resort back to bee further heard
therein, or if any further or better expedient be founde out in the meane
time, the same shall then alsoe be considered.
4 Steven, a time of performing any action previously agreed upon. " They setten
steven," they appointed a time. — Morte d' Arthur, i., 266.
*** The following is a fragment of the interrogatories in the foregoing case ; " Can
defendant Edward carry or send his bread to he haked att the Bishopp's bakehouse in
rayny weather or wett and stormy weather without hazarding the loss of the same or
without apparent damage or prejudice to his stuff or bread ? Doth the other defendant
Christopher Mann live nearer to Gilligate bakehouse than to the Bishopp's bake-
house ?
219
THE ATTEMPT TO ANNEX GATESHEAD TO NEWCASTLE
IN 1575.
THERE were at least three attempts made to annex Gateshead to New-
castle. One was carried out in 1552, during the disturbing reign of
Edward VI., and while the see was vacant by the deprivation of Tun-
stal. The reasons assigned for the act were the flight of offenders from
Newcastle into the jurisdiction of Gateshead, the deposit or rubbish in
the Tyne by Gatesiders, and the ruinous state of the Gateshead portion
of the bridge. The act was repealed by Mary when she restored Bishop
Tunstal to his see of Durham, the annexing statute having been com-
passed by the " sinister labour, great malice, and corrupt means" of am-
bitious persons then in power.
Concerning the second attempt, during Elizabeth's reign, we have
highly interesting evidences among the State Papers, and these are now
submitted to the Society. It must be premised that the see was again
vacant by the death of Bishop Pilkington. The first document is written
in ignorance of some considerations submitted to Lord Burghley by
Newcastle.
To THE EIGHT HONORABLE THE LORD BURGHLET, LORD HIGHB TREA-
STJROR OF ENGLANDE.
In most humble wise showe to your honorable Lordshipp the Bur»
geses and Comunaltye of the borroughe of Gateshed, in the countye of
Durham, in whiche borrowghe there are to the nomber of fower hundred
housholders and dyvers artificers usinge freelye their artes and misteries
and other lawdable customes of theyr said towne ; and the said Burgeses
and Comynaltie doe holde the said bourrough of the Bisshoppe of Derham,
and have had a corporacion of Baylies, Burgeses, and Comynaltie, and
have had cognizaunce of plea and execution of justice in the said bor-
roughe. So yt is and yt please your good lordshippe that your lord-
shippes said oratours are given to understande that the Maiour and
Aldermen of Newcastell nowe beinge (there nowe beinge no Bisshoppe
to open his righte, tytle, and liberties of his said towne), have made
sute to your lordshippe to have the said borrough annexed and incor-
porated to the towne of Newcastell, in prejudice of the said bisshopp-
220 THE ATTEMPT TO ANNEX GATESHEAD TO NEWCASTLE.
ricke, surmysinge dy vers consideracions (as your lordshipps said oralours
have harde) the rather to induce your lordshippe to yeilde to their de-
maunde. Whereunto your lordshippes said oratours can make no aun-
swere, for that they have not as yet understandinge of the verye maner
and certentye of their said surmyses and consideracions, whiche, when
they shall understande of, they doubte not but to aunswere to the same
fullie and sufficientlie, and make prouife that the requeste and suy te of the
said towne of JSTewcastell ys to the prejudice and againste the former
priviledges of the said borroughe of Gateshed and inheritaunce of
the bisshoppricke of Durham, and that all the causes, mischeiffes,
and consideracions alledged by the said towne of Newcastell, to
induce your lordshippe to yeilde to their suyte therein, are eyther
untrewe or deservinge small remedye, or els suche as maye easelie
receyve remedie without eyther prejudice to the said bishoppricke or
alteringe the state and corporacion of your lordshipp's said oratours, and
other greate myscheiifes which therbye will growe to your lordshippes
said oratours, to their utter undoinge, yf they maye not be receyved to
objecte againste suche their suyte and demaunde. Maye yt therefore
please your honorable lordshipp, of your accustomed goodnes, to receyve
and admytte your lordshipp's said oratours to make their aunswere and
defence to the said suyte and demaunde, as to here the matters and
causes that your lordshippes said oratours shall open to your good lord-
shippe in the premisses, for the preservacion of their liberties, rightes,
and freedome, before your lordshipp offer eyther your lordshippe's favour,
aide, or helpe to the said suyte of the said towne of Newcastell. For yf
their said suyte shoulde take effecte as larglie and amplye as they pre-
tende, the same will tourae to the utter overthrowe of the whole
borroughe of Gateshed, and but to the pryvate proffitte of a fewe of the
said towne of Neweeastell. For which your lordshipp's honorable favour
herein, your lordship's said oratours shall moste hartelye praye for
your good lordshipp in all honour and felicytie longe to lyve.
On parchment, endorsed — "3 Martij. — The Maiour,1
Burgesses, and Cominalty of Gatesyde, against the sute
.of the Maiour and Connninaltie of Newcastle, for the
annexing of that borrough to theires."
On the 7th, we have a rough document scarcely better than a draft
(upon paper), to the following effect : —
CERTEN INCONVEYNIANCES THAT MAY ARISE BY THE UNYTING or THE
BROTJGH or GATESHED UNTO THE TOWNE OF KEWCASTELL.
Itm. That where as the brough of Gateshed, having Bailife, Bur-
gesies, and a greate nombre of Comynaltie, to the nombre at the least
of iij.m> parsons or their aboutes, have heretofore, for the space of iiij.c>
yeres and above, occupied freely their artes and mysteryes, which was
only the stay of their lyvrng : It may by this unyting come to passe
1 For this designation the orators are not responsible. It proceeds from some one
in the Lord Treasurer's chambers.
THE ATTEMPT TO ANNEX GATESHEAD TO NEWCASTLE. 221
that the Maiour of Newcastell and his brethren shall shutt upp their
shoppes of the said artifycers, and stopp thyer trades and occupieing,
which heretofore they have frely used, the which, if it so shall fall out,
wilbe an utter undoing and a beggeryng of the whole towne.
Itm. That where as certen poore men of Gateshed have by the con -
sent of the Bushopp, nowe decessed, and the Justices of the Shire,
buylded certen shoppes and howses upon that part of the bridge which
doth apperteyne unto countie of Busshoprick, the which shoppes and
houses were seassed [cessed] and rented by the said Busshopp and
Justices for the repayring of the said bridge : It may come to passe that
the Maiour of Newcastle and his brethren, shall, by vertue of the said
unyting, take the said howses and shoppes to them selves, and sease the
same at thier owne pleasures, which shalbe an utter undoing to certen
poore men and thier children, who at thier great costes and chardges
buylded the same.
Thirdly. That where as their doth apperteyne unto the Bailife, Bur-
geses, and Comminaltie of Gateshed, by vertue of a certen auncyant
grant, certen commens and pastures, which the said towne of Gateshed
have of a longe tyme enjoyed without any lett or disturbance : It may
come to passe by the said unyting that the towne of Newcastell shall
clayine an enterest or title unto thies commodities, the which will bring
the poore brough of Gateshed to extreme myserye.
Last of alle, we are the rather induced to thinke that thies thinges
will come to passe by the said unyting of the townes, for that heretofore,
contrary, as it may seme, to all justice, they have had a great disdayne
at the said towne of Gateshed, in so moche that they have, by thier
aucthoritie, heretofore prohibited the said townsmen of Gateshed, as tan-
ners and others, to buy and selle in the Quenes high markett, so that
those which have come to buy wares or sell any in the said markett,
they have troubled them by way of arrest and ymprisonment ; and this
wee dare be bold to prove, or else to suffer punyshment accordingly.
Many more inconveniaunces myght ensue by this unytinge of the
townes, which we are not able to declare, because we have not [con-
ferred with the burgesses of the said towne — erased^ time to con sy dor
of the premises, and therefor are ignoraunte of such inconveniaunces
Endorsed—" 7 Mar. 1575 [6]."
Accompanying this is a fair paper writing, with the same title as the
last. It is printed by Mr. Surtees,2 as in opposition to the passing of the
Act of Edward VI. ; but the mention of the Queen and the late rebel-
lion of the Rising of the North sufficiently identify it with the present
proceeding, independently of its address to Master Bell, the Speaker of
Parliament, and its existence as a State Paper of the reign of Elizabeth.
It states the situation of Gateshead and its charge to the assessments of
Durham, which ought to be continued if the act passed. The town was
ruled by the Bailiff and Burgesses, and was as well governed, as to justice
2 Vol. ii., p. 111.
VOL. ii. 2 G
222 THE ATTEMPT TO ANNEX GATESHEAD TO NEWCASTLE.
and keeping clean the river, as Newcastle, the South side of the stream
being deeper than the North side. The act proposed to be revived an-
nexed Gateshead to Newcastle, to be parcel thereof and not of the County
Palatine; and yet had a proviso leaving the inhabitants for punishment
in Durham, so that they would be under the rule and correction of the
Corporation of Newcastle, the Justices of Durham, and the "Wardens and
Stewards of the Trades in Gateshead. The act provided that it should
not extend to take away any common; and there were 1,000 acres and
more belonging to Gateshead and adjoining towns. But if these towns
\_sic'] were annexed, they might put all their cattle to eat with Gateshead,
or enclose, and have the coal of Gateshead Moor, which, if won, were a
disinherison to the see of 10,000?. The county would want the help of
Gateshead in bearing the assessed charges of the county. Finally, if the
union took place, Gateshead would be replenished with evil persons and
thieves, being outside the walls, as was the north part of Newcastle ;
whereas, now, there were a great number of substantial find true sub-
jects, as the late rebellion testified, merchants, drapers, and other arti-
ficers, envied by Newcastle because they dwelt so nigh to it.
This was addressed to Master Bell,3 the Speaker of Parliament. An-
other paper was sent to Lord Burghley : —
To THE RIGHT HONORABLE SIR WILLIAM CECTLL, KNIGHT, BARON OF
BURGHLEY, AND LORDE HIGHE TREASORER OF ENGLAND.
Humblye shewen and besechen your honour your poore ora tours the
inhabytauntes of the brough of Gateside, in the countye of Durisrne.
That where as there is exhibited into the Highe Courte of Parlyament
one bill for the unitinge of the townes of New Castell and Gateside
aforesaid together, thies inconvenyences ensuinge by the unitinge of the
same townes will ensue unto the said boroughe of Gateside, to the utter
undoinge of the poore inhabytauntes therof, if the same bill shall take
eifecte.
1. First, Whereas it is said, in the said bill, that the nowe inhabyt-
auntes of Gatesyde shall not be hyndred to occupie suche trades as they
have used ; nevertheles by equitye of the said bill, when the nowe in-
habytauntes are dedd or gon, theire preentices and children, and suche as
shall succede them, shalbe utterly barred of all occupyinge.
2. Item, It is likewise said, in the said bill, that the said inhabyt-
3 Robert Bell, Esq., afterwards Sir Robert Bell, was presented by the Commons for
their Speaker, and, with the usual ceremonies, approved on the 10th May, 1572.
John Popham, Esq., Solicitor- General, was chosen by the Commons, on the 20th
January, 1580, in the place of " Sir Robert Bell, Knight, Lord Chief Baron of the
Exchequer, their mouth and speaker, lately dead."
THE ATTEMPT TO ANNEX GATESHEAD TO NEWCASTLE. 223
auntes shall not be charged with the repayre of the bridge above iijd.
the pounde of theire goodes and landes, and the towne of Newe Castell
to be theire cessours, whereby it is ment that the inhabytauntes of Gate-
syde shall be charged and cessed by theire goodes, which exaccion was
never before laid upon the [poore — erased^ inhabytauntes of Gateside.
3. Item, Whereas it is said, in the said bill, that every inhabitant of
Gateside, servinge with a free man in Newe Castell in any arte or mis-
tery, shalbe afterward demed as a free man, whiche is no benefite to the
towne of Gateside, for they will never take any of the towne of Gateside
to be theire prentices, nether suffer, by vertue of theire private orders
which they have amonge them selfes, any of Gateside to take aprentyce.
Wherof it will ensue, that the poore men of Gatesyde, becomyng aged
and cannot take apprentices, shall be dryven to begge when they be past
labour, so that of free burgesses they shall be brought into extreme
bondage.
4. Item, By reason of the said statute, if it precede, the sonnes and
prentices of the inhabitauntes of Gateside shall never be made free, so
as in contynuaunce of tyme the towne shall be dispeopled, and so of an
auncyent boroughe shalbe made a deflate place.
5. Item, Whereas every straunger commynge into the towne did first
agree with the Bisshop and the Company of his occupacion before he was
suffered to occupie, this benefyte by this bill is ment to be taken bothe
from the Bisshopp and the artifycers of the towne.
6. Item, Wheras the Bisshopp' s Steward kepte a eourte every fort-
night, or as often as nede did require, if this statute precede that bene-
fyte shalbe taken from hym.
7. Item, Wheras there is a suggestyon made that they seke to unite
the townes for preservacion of the river, there are such noisome consty-
tucions, ordennances, and lawes, made in the courtes of Gateside, by the
Baylifes and Burgesses, and the same so well kepte, that the ryver is
cleper on that side that belongeth to Gatesyde then the other syde is.
8. Item, Wheras the Bailif hathe his office by patent from the Bisshop,
a parte wherof is to ponnyshe the offenders, yf this statute may precede,
that parte of his office shalbe taken awaye.
9. Item, Wheras the p'son hathe a certen pryveledge in a strete in
one parte of the towne. by vertue wherof he dothe yerely kepe a eourte,
havinge his officer to se faltes corrected, which are founde by twelve
men at the same eourte, this benefyte shall by this bill be taken awaie.
Wherfore and forasmuche, right honorable, as not only thies incon-
veniences, but a greate nomber moe, are like to ensue to the poore towne
and inhabitauntes of Gateside, to the overthrowe of nere ml m1 m1
[3 000] people, if this bill maye take effecte, bysides a nomber also of
224 THE ATTEMPT TO ANNEX GATESHEAD TO NEWCASTLE.
inconveniencies whiche maye ensue to the Bishop therby, it maye please
your honour for charitie's sake to be a meane that the said bill do not
precede, or els that your oratours maye be free of Newe Castell. And
your poore oratours shall dailye praie for your honour in helth, with
increase of happy felycytie, longe to ly ve.
Endorsed — (date hidden, but apparently 12 Mar.) —
" The Inhabetauntz of Gatesyde. Articles against the
Bill exhibited by those of Newcastle."
Yet probably all this would have gone for little, had not private influ-
ence been used. Sir 'William Eleetwood, Eecorder of London, was also
Escheator of Durham under Bishop Pilkington, and during the vacancy of
the see after his death. And here is his warm representation : —
To THE RIGHT HONORABLE AND MY SYNGULER GOOD LORD, MY LORD TREA-
SOUHER OF ENGLAND.
My very good Lord,— As I have great cause to thanke your honour for
my selff, even so I doo most humbly render the lyke to your good lord-
shipp for the bisshopryke of Duresme. I have alweys found your lord-
shipp the pratron of that countrey. Your lordshipp haithe those that in
that countrey dowe pray for your lordshipp and love yow. I do most
humbly beseche yowr honour to continue your favorable countenaunce
towardes the same countrye. How derely I love that countie, and all
the partes thereof, God, that knoweth the secrettes of all mens hartes,
can witnes. There is no bishopp in the parliament to speake fortheym.
They have neyther knyghtes for the shire nor burges of any
towne in that countrey. Surely, my Lord, God will blesse theym
that shall speake for the countrey. The towne of Gatessyde is
a corporate towne, an auncient borowgh, the keye of the countie
pallantyne, the people religeus, godly, and good Protestannes> and,
besides, men of good welthe, and very civill of behaveier. The towne
of Newcastell are all Papistes, save Anderson, and yet is he so knitt in
suche sort with the Papistes that A.iunt, ant ; negant, negat. I under-
stand that the towne of Newcastell, enflamed with ambicion and malice,
sycke in a sorte to joyne Gatessyde to the Newcastell. My Lorde, I
beseeche your lordshipp, lett us not be trobled with it in the Common
Howse, but stay it above, and the poore towne, and all wee of the
bisshoprick, shall pray for your lordshipp.
Your lordshipp's most humble
W. ELETEWOODE.
Endorsed — " 12 Mart. 1575.— The Eecorder of London
to my L., that the Bill concerninge Gateshede may not
passe."
The bill did not pass. Another attempt was made to the same effect
in 1646, the troubles of the times being taken advantage of, as were the
THE ATTEMPT TO ANNEX GATESHEAD TO NEWCASTLE. 225
vacancies on previous occasions. That there was some reason for the
assertion concerning the state of religion in Newcastle cannot be doubted.
We have in it an explanation of the opposition to Knox, and of the per-
mission to bury Mrs. Dorothy Lawson after the manner of her own
church. I was about to add, that here was one reason that the fires of
Smithfield never blazed here ; but Tunstall's diocese contained Gates-
head also. I find a more genuine explanation in his own heart, and
perhaps the remembrance that he had served other masters.
W. HYLTON DYER LONGSTAFFE, F.S.A.
226
THE MARKET AND FAIR AT GATESHEAD.
FOILED in their attempt to annex Gateshead to Newcastle, we find
the Mayor, Aldermen, and Coramunalty of Newcastle resorting, almost
the very next year, to the rather notorious " York Court" against the
usages of the southern borough. An office copy of the depositions is or
was in the vestry of Gateshead Church, and their contents form an ap-
propriate appendage to the foregoing paper. The language of the inter-
rogatories is repeated in the answers, and the Gateshead witnesses
were so agreed, that the statement of one witness, with the little ad-
ditions furnished by others, will generally suffice. The evidence is mar-
shalled here under the numbers of the interrogatories, so as to keep that
on each subject together, and while technicalities and tautology are
struck out, the remaining words of the original are adhered to.
THE MAYOR, BURGESSES, AND COMONALTYE OP NEWCASTLE, Plaintiffs,
against RICHARD NATTRES, Defendant.
DEPOSYTIONS or DIVERS WYTNESSES PRODUCT AND SWORNE BEFORE THE
LORDE PRESYDENT AND COUNSELL ESTABLYSHED IN THE NORTH PARTES
AND EXAMYNED BY THE ExAMYNER THERE.
DEPOSICIONS ON BEHALF OF RICHARD NATTRES, DEFENDANT.
1. Eborum. 10 Junii 20 Eliz. [1578.] John Browne of Gatesyde,
marchant, about the age of 46. Doth knowe the complaynant and de-
fendant and the towne of Gatesyde : hath knowne the same by the space
of 22 yeres. — Eborum 3 Julii, Robert Plomptone of "Bowdone, husband-
man, lower skore. Hath knowne defendant 12 yeres, and Gatesyde three
skore yeres and more. — Thomas Thomsone of Gatesyde, joyner, 75. Hath
knowne defendant about a dosen yeres, and Gatesyde ever synce he colde
remember anye thinge, for he was borne there. — Wyllm. Dixon of
Gaytesyde, butcher, thre skore and thre. Hath knowne defendant 12
yeres, and Gatesyde ever synce he colde remember anye thinge. —
Wyllm. Wylkinsone of Gaytesyde, butcher, thre skore and sex. Hath
knowne defendant 12 yeres, and Gatesyde ever synce he colde remember.
— Robert Ayer of "Whitborne, husbandman, thre skore and sex. Hath
knowne defendant 9 or 10 yeres, and Gatesyde 50 yeres and more. —
Wyllm. Roweslye of Whitborne, thre skore and thre. Hath knowne de-
fendant 12 yeres, and Gatesyde all his lyfe synce he was of anye yeres
of discretyon. — Christofer Atkinson of Whitborne, husbandman, 75.
THE MARKET AND FAIR AT GATESHEAD. 227
Hath knowne defendant 12 yeres, and Gatesydo thre skore yeres and
more. — Johne Hutchensone of Whitborne, husbandman, thre skore and
sex. Hath knowne defendant 7 yeres, but Gatesyde these thre skore
yeres. — John Browne of Gatesyde, pedler, 42. Hath knowne the
towne 30 yeres, and defendant 26 yeres.
2. Browne. The towne of Gatesyde ys as yt is reported ane antyent
towne or broughe belonginge the Byshope of Durhame and his prede-
cessors. — Plompton. The towne ys and duryng all examinate's remem-
brance hath bene ane antyent towne, &c. Hath all his lyf used to
resort thyther, and hath knowne borough courtes kept there by the
Baylif and Burgesses of the towne in the name of the Byshop of Dur-
ham. — Thomsons. The towne ys and by reporte tyme out of mynde of
man hath bene ane antyent towne, &c. Knoweth by that that he was
borne there. Is privye that there ys and allwayes hath bene duringe
examinate's remembrance borowe courtes, &c. Hath knowne a toll
taken within the town [at the south end of the Bridge, Dixon] to th' use
of the Byshopp. — Dixon. Was borne within a myle thereof. There
are borow courtes kept there by the Baylyf and Burgeses in the name of
the Byshop ; besydes which courtes there ar comonlye every fortenighte
courtes kept there in the name of the Bishop by the Baylyf and Bur-
geses. — Wilkinsone. Examinate's knowledge extendeth to 50 yeres,
for so long examinate hath dwelt in Gatesyde, and for 20 yeres hath
bene one of the burgeses. — Browne, pedler. Hath dwelt in Gatesyde
and resorted thither at tymes 30 yeres. Is now a fre man and one of
the Burgeses.
3. Brown. Hath sene and harde certayne old and antyent recordes or
writinges red, whereby yt doth apeare that th'inhabytantes within the
towne or broughe of Gatesyde were incorporated by the name of Baylif,
Burgesses, and Comonaltye [or by the names of Burgeses, Interrogatory^,
by a Byshop of Durhame, and the same hath bene also ratyfyed and al-
lowed by the successors of the Byshopp. — Plomptone. He verylye
taketh that th'enhabytants ys and durynge examinate's remembrance
and by reporte tyme out of mynde hath been incorporate, &c., by a
Byshop of Duihame, &c. The inhabytantes have severall companyes of
sundrye occupatyons which are counted Freemen and Burgesses of the
towne, who will not permyt any person that hath not bene apprentyce
there to sett up and worke in the towne unles the persone do agree with
theme that ar of the occupacion that he is of and with the Baylif [and
Burgeses, Wylkinsone.~\ — • Th^msone. Ys a Freeman of the towne.
Hath sene and harde certaine old writings red, &c. — Dixon. For 30
yeres hath bene one of the Burgeses. — Wylkimone. Hath sene stalledge
moneye taken to th'use of the Byshopp within the towne of persons not
fre there. There are Fre men of dyvers companyes, whereof examinant
is one. — Browne, pedler. The inhabytants have a comon seale belong-
ing to the towne.
4. Browne. The marchantes, occupyers, handy craftesmen, and others
the inhabitantes within the towne duryng examinate's knowledge, and
by repute tyme out of mynde, have had and used to bye, bargaine, utter,
228 THE MARKET AND FAIR AT GATESHEAD.
retayle, and put to sayle in theyre houses and shoppes within the towne
or broughe all such wares, marchandices, and goodes as they have used
to trade or traficke, and to use all lawfull bargaines [and chivanses,
Plomptone] at theire will and pleasure. — Plomtone. Hath bought
dyvers things that he stode nede of of the inhabytantes and artificers
there.
5. Browne. Hath harde yt reported that there hath bene heretofore
two market dayes in the weke kept in the towne, enenst the- Towle
Boothe, and about a crosse which stood there. — Plomptone. Hath sene
a market or fayer kept wekelye in the towne uppon two dayes in the
weke, that ys to saye uppon the Tewsdaye and Frydaye or Saterdaye,
betwene the Toll Bothe and the Pante or condyte there, and at the
south ende of Tyne Brige, at a place there called Brige Yeate. —
Thomsone. Hath sene a market kept betwene the Toll Bothe and the
condyte or Pante wekely, upon Tewsdaye and Frydaye, uppon which
market dayes there was breade, beanes, salte, and other thynges solde at
the south ende of the Bridge of Tyne, on the south side of a stone called
the Blewe Stone. Also hath knowne a fayer kept in the aforesayd places
uppon the feast daye of St. Peter ad vincula comonly called Lamas
daye. — Dixon. Hath knowne and sene that there hath bene a market
kept weekelye uppon the Tewsdaye and Saterdaye, howbeyt althoughe
one of the said market dayes was kept uppon the Saterdaye, yet Fry-
daye was accounted the market daye by right. Cannot remember of
any fayer that hath been kept there, savinge that allways uppon Lamas
daye, uppon which daye there ys a fayer holden in Newcastell, th'en-
habytants of Gatesyde do make all thinges redye and prepare for a fayer
in Gaytesyde, and sett out theire wares to sale. There ys a Bull Ringe in
Gaytesyde and and there was also a crosse standinge there which was
used to be called the Market Crosse. — Ayer. There hath bene a mar-
ket within the said towne or broughe within these fyftye yeres wekelye
uppon the Tewsdaye and Frydaye. There was a fayer kept yerelye
uppon Lamas daye, throughout the said towne, for uppon that daye
th'enhabytantes there dyd comonly e prepare for a fayer, and dyvers
thynges that daye were broughte thither and there placed to be solde,
and solde accordinglye. — Browne, pedler. Hathe harde yt reported
that there hathe bene a market kepte wekelye twice in the weke uppon
the Tewsdaye and Frydaye.
6. Browne. Dyd never knowe or see any market kept there, and
therefore cannot anye furder depose, savynge that within these fyve
ycres last past he hath sene horses brought to the towne and there sold
openlye uppon anye daye in the weke about the Toll Boothe, where,
by report, the market was kept. — Plomptone. Hath sene both corne
andcattell and other marchandyces brought and placed within the towne
there to be openlye sold within the market in the foresaid places upon
the foresaid market dayes thre skore yeres agoo and synce. Howbeyt
now of late tyme the market hath not so muche bene occupyed with
corne and cattell as heretofore examinate hath sene the same occupyed.
About thre skore yeres synce he hath known wheat and bigg, and
THE MARKET AND FAIR AT GATESHEAD. 229
cattell brought and placed between the Toll Both and the Pante or
condyte, and beanes, and pease, otemeale, and other things brought and
placed at the Brigg Yeate and there sold. And as yet there ys corne
used to be brought thither and solde there and sometimes cattell. — *-
Thomsone. Hath sene corne, cattells, and other merchandyces brought and
placed upon the market and fayer dayes to be openlye solde in the places
aforesayd, where and when exam, hath sene the sayd merchandyces
openlye bought and solde. — Dixon. Hath sene wheat, rye, bigge, and
cattell brought and placed betwene the Toll Bothe and the Pante, to be
openlye sold in the said market and solde accordinglye ; and peas and
beanes, salte, bread, and grotes lykewise at the Brigg Yeate to be open-
lye solde in the said market and solde accordinglye. — Wylkinsone*
Say the as is deposed by his cotestis Thomsone, howbeyt he hath not
sene cattell brought to the market or fayer or solde there. — Ayer. To
both places he hath sene corne and other goods brought and placed to
be openly sold uppon the market dayes. For these 50 yeres hath yerely
frequented and used to the towne and the markets, and hath sene bothe
corne and other goods brought thither to be openlye solde and solde
accordingly e. Hymselfe hath openlye sold corne there. Hath bene at
the said fayer [uppon Lamas daye] and bought such thynges as he
nedede. — Rowesbye. Saythe as Ayer, for himselfe hathe alsoe broughte
and sent corne to the said market, and there solde the same and bought
such thinges as he neded. — - Atkinson. Saithe as Ayer. Hath brought
corne to the market and there sold the same. There was used to be
solde at the Southe ende of the Bridge, beanes, peas, salte, otemeale,
eggs, breade butter, and chese; and betwene the Toll Bothe and the
Pante there was solde wheate and bigge, and sometymes there was
cattells brought thither to the said market and solde. — Hutchinsone. As
Ayer, and addethe as Atkinsone. — Browne, pedler. Hathe bene informed
by olde men there, there hath bene corne, as wheate and bigge, broughte
and placed between the Toll Bothe and the Pante to be solde and there
solde, and beanes, peas, salte, otemeale, bread, and other things on this
syde the Blewe Stone. Hath heretofore tyrne sene a toll takeim at the
southe ende of the Bridge by th'enhabytantes of the towne to the use of
the By shop, which toll th'enhabytantes of Newcassell no we hath in
farme of the By shop.
7. Browne. Defendant doth and for these 15 yeres hath inhabited in
the towne of Gatesyde, and all that tyme hath used the scyence and fac-
ultye of a raarchant and chapman within the sayd towne. \Browne,
pedler, agrees.] — Plumptone, 12 yeres. [The other witnesses agree
with him, except Ayer and Hutchinson, who only speak during their
knowledge of defendant.]
ON THE PARTYE AND BEHALF OF THE MAYOR, BURGESSES, AND COMMON-
ALTYE OF NEWCASTELL TJPPON TYNE, COMPLAINANT.
Eborum. 1 Oct. 20 Eliz. Nycholas Alleyne, of Gatesyde, chapman,
about the age of thre skore yeres, product, sworn and examined.
1 . [Whether the complaynants ar lawfullye seazed in theire demeane
YOL. n. 2 H.
230 THE MARKET AND FAIR AT GATESHEAD.
as of fee as in the righte of theire corporacion of and upon the same
towne [of Newcastell], and of all fayers, towles, and comodytyes to the
same belonginge ; and hold the same of the Queene's Majestye by pay-
enge for the same 100/. yerelye for a fee farme:] he cannot certainlye
depose, for he is not prevye to theire corporacion. Useth to paye toll in
Newcastell for all suche thinges as he buyethe there.
2. Duringe tyme of examinate's remembrance, which is 30 yeres, and
by reporte tyme out of mynde of man, there hath bene wekely two mar-
ket dayes yerelye in the same towne. And men maye daylye everye
daye in the weke by wares at the merchantes' handes there.
3. Hath not known anye other markets betwene the said towne and
the sea in anye place adjoyning the ryver of Tyne. Ho whey t as exam,
hath harde yt reported there hath heretofore tyme bene a market kept
in Gatesyde," where exam, now dwellethe. And indede at this daye and
all the tyme of exam, remembrance, there hath bene open shoppes kept
and wares sold openlye out of the same. And exam, usethe to bye any
thinge there that he lyst. And [whether by prescryption and inquy-
sy tione, the towne of Newcastell have this priviledge and liberty e, that
no other persone dwellinge on eyther syde of the ryver of Tyne betwixte
the said towne and the sea, sholde kepe any shopp or seller for mer-
chandyces save such persones as dwell in Newcastell] exam, cannot de-
pose.
4. [As to whether exam, hath knowne any fayers or markets kept by
the inhabitants of Gatesyde, and by what authorytye, or whether they
oughte to kepe any fayers or markets at all there, or to kepe any mar-
chant or draper shoppes therein, or comonlye to sette forthe and offer to
sale anye wares], exam, cannot depose, savinge that duringe the tyme
of exam, remembrance be hath sene marchants or chapmen and drapers
shoppes kept within Gatesyde by th'enhabytants, and dothe and hath
comonly used to sett forth theire wares. And as yt is reported there
hath bene markets and fayers kept within the said towne.
5. 6. [Whether the towne of Newcastell is seazed upon all the same
fayers and markets, and oughte to have the libertye and benefite of the
same by especyall prescription, and whether exam, hath knowne the
inhabytantes of Gatesyde restrayned or forbidden by complainants or
their predecessors to keep any fayers or markets in Gatesyde or openlye
to sett to sayle any wares in Gatesyde, or to open or kepe any mar-
chants shopp therein, or to sett forthe any stalls or boothes with anye
kind of wares to be solde there : Item, whether the inhabitants of Gates-
syde dyd thereupon refuse or leve of to kepe any fayers or markets or to
sell or sett to be solde anye wares], exam, cannot depose, savinge that
the complts. or their predecessors have forbydden defendant and others
of Gatesyde to offer anye wares openly to be solde, or to open or kepe
any marchant's shopp therein. Howbeit the inhabytantes have allways
kept open theire shopes and solde their wares and marchandyce in
Gatesyde.
THE MARKET AND FAIR AT GATESHEAD. 231
7. Th' enhabitants of Gatesyde during tyme of exam, knowledge have
used and bene allowed to sell any kynde of wares, &c., and not re-
strayned to sell anye thinge, but do account theme selfes in Gatesyde as
fre as th'enhabytantes of Newcastell in Newcastle.
8. Cannot depose whether deft, hath wrongfullye sett and levyed a
market for all kind of marchandyces within Gatesyde, sytuate uppon
the banke of the ryver Tyne, betwene the towne of Newcastell and the
sea, on everye of the market dayes whereon markets have bene kept in
Newcastell.
9. But [referring to Interr. 9, whether hath he by meanes thereof
gathered great assemblies of people at the same markets in Gatesyde, and
stayed great nombers of people there which were comynge towards the
markets in Newcastell] deft, hath kepte open shoppe for these tenn yeres
nere unto the Bridge ende, and uppon all dayes in the weke hath kept
open shop and solde all such kinde of wares as he had, by means
whereof defendant's shop is greatlye frequented : and indede many per-
sons will now bye wares at his shope as well on the market dayes kept
at Newcastell as on other dayes.
10. 11. [Whether the markets and fayers in Newcastell by meanes of
the markets kepte by defendant in Gatesyde ar greatly hindered or de-
cayed, Item what losse complt. hath sustayned] exarn. cannot depose.
12. For 30 yeres hath knowne other inhabytants within Gatesyde bye
and put to sale any kind of marchandyce within theire houses and
shopes.
13. The first marchantes, byers or sellers of marchandyces, that
exam, did knowe in shopes or houses within Gatesyde, when he came to
dwell there, about 30 yeares agoo or rather more, were Willm. Potts,
Willm. Donkin, Tho. Potts, and one Thomas Chambers, and dyvers
others, whose names exam, remembrethe not, but as it is reported there
hath bene chapmen byers and sellers of wares there tyme out of mynde
of man.
At the "humble sute. and request" of the defendant, the court
"caused her Majesty's signet remayninge with her Highnes' secretarye
attendant uppon the said Lord Presydent and Counsell" to be set to the
copies of the depositions in testimony that they were true.
The York Court fell with the High Commission and Star Chamber,
being abolished by the act of 16 Car. 10. Mr. Hudson Turner could
find no proceedings of it among the London Record Offices, and
doubted whether they were regularly kept, as the Wardens of the
Marches transacted much of the business in their several districts.
But this would not apply to the records of private causes between
parties. Mr. Hodgson, the historian, had occasionally met with deprees
232 THE MARKET AND FAIR AT GATESHEAD,
signed by the President, but made nothing out at York about
any continuous records, and therefore concluded that " they were de-
stroyed by the liberals in the reign of Charles I." alluding to the siege
of York, when the tower used by the Lord President, and containing the
evidences of the religious houses in the North, was blown up. Dods-
worth says that the greater part of its contents were removed by one
Thomas Thomson, at the hazard of his life, to the Archbishop's archives,
but he seems to refer to the monastic charters. (See Hunter's Three
Catalogues, pp. 73, 94.) We cannot, therefore, hope for the decree in
this case.
One of the most important of the ancient records mentioned by the
witnesses was doubtless Bp. Pudsey's charter to the Burgesses of Gates-
head, printed by Mr. Greenwell in his Boldon Book, xl. Bp. Poictou's
confirmation, privately printed by Mr. Brockett, gives portante instead
of piscante, and indeed a fisherman might long range the Bishop's
riverless forest of Gateshead Fell, before he recovered his payment of a
penny in a draught of fish.1 By these charters, every burgess of
Gateshead was to have the same liberty of his burgage as the burgesses
of Newcastle had of theirs.
1 Bourne has a ludicrously inaccurate translation of Poictou's charter. He trans-
forms the "homo portans" into a hog! and " quadriga quoe ad nemus ibit," into
" a whey or ox, the which goes to grass ! "
INDEX.
A.
Acclome family, 74
Acombe, 128, 129
Acton, Laurence, 32
Acy, of Kirkeby, 198
Adams, Dr., 211, 212
Adamson, Rev. E. H., 133 : John, ix.
Adderstone, Roman remains from, 14
Addie, Tho., 194
Addis, Tho., 156
Addison family, 125, 129
JEsica, altar discovered at, iv.
Aidan, Bishop, 63
Ainderby, 187
Airey, Mr., 110
Airson, John, 168
Alfred, King, 2, 7, 8
Allan family, of Allan's Flatts, 118, of
Rotterdam, 123, of Blackwell, 101,
et seq. ; R. H.5 his muniments, 27, 69
Allen, Anth., 116; Tho., his steam car-
riage, x.
Alleyne of Gatesyde, 229
Allgood family, 131, 136
Alnwick, 36, 62 ; Abbey side, 161, 163 ;
Castle, Museum at, 111
Alwent, Ric., 78
Amble Hall, 161
Amundeville family, 71
Anderson of Newcastle, 224 ; Major
George, his singular bequests, 21 ;
Ralph, 133; Samuel, 112, 116
Anderton, Mr., 152, 157
Angirton family, 32
Anne of Frickley, 187
Anstruther, Sir'Wm., 152
Anthony, St., 45
Appleby on Tees, 178
Appleby, Sir Wm., 122
Arcadius, coin of, vii.
Archbold, J., his account of Roman re-
mains at Adderstone, 15
Archer family, 135 ; Ralph, 88 ; Robert,
193
Arden family, 103
Areynes, Roger de, 11
Armoul, St., 145
Ashmall, Ferdinando, 160
Aske, Robert, Depositions of, 63
Askew family, 107
Assulby, 145
Aston, Edmund, 160
Athelstan, King, 7
Atherton of Foxton, 198
Atkinson of Whitborne, 226 et seq.
Auckland, North, 34 ; Castle, 207 ; fam-
ily of, 13, 27, 32
Awbrey, John, 89
Aydon Sheels, 161
Ayer of Whitborne, 226 et seq.
Ayryholme, 199
Aysterley, co. Lane., 200
B.
Baard family, 12, 69
Bailiffs of Hexham, 8
Baking in Durham, 217
Baker, Eliz., 168; John, 211, 214
Balfour, James, 122
Baliol, John de, 11
Bambrough Castle, 160
Banister, Wm., 146
Banner of St. Cuthbert, 51
Banners of parish churches, 60
Barbour family, 27
Barcwid, miracle on, 2
Barford near Gainford, 173 et seq.
Barker family, 30
Barnard Castle, 188, 189; Candlestick
from, vi. ; John de, 26, 28
Barnes, Mr., 109
Barracleugh, John, 211, 212
Barton family, 35 ; manor of, 96, 99, 100
Bartram, Thomas, 112
Basire, Dr., 213
Bates family, 114, 143
Baxter family, 25, 34
Bearle, manor of, 127 et seq.
Beaupaire, 107
Becroft, Geo., 214
Bede-Rolls, 41
Bedlington family, 32
Bee family, 129
Beke, Bishop, 57
Bell for Durham Cathedral, 5
Bells of St. Nicholas', Newcastle, 17
Bell family, 168, 169, 202, 212, 222.
Bellasis family, 39
Belley family, 130, 211, 212
Bendlowes family, 103
Bentley family, 3&
Benwell, 200
234
INDEX.
Bernard, St., 44
Bertram, Roger de, 10
Berwick, 8, 11, 54, 110 ; fisheries at, 39 ;
Killinghall of, 105
Best of Kepeswick, 196
Bethel of Yorke, 196
Bewicke, Old and New, 160
Billingham, 7 ; family, 24, 38
Binchester, John de, 30, 31, 61
Birnard of Knaresbrough, 195
Bishopdale family, 32
Blackwell, 188, 194
Blake Chesters, sculptures from, x.
Blakiston family, 83, 87, 211, 216
Blanchlatid Abbey, 37
Bland family, 103
Blenkhowe family, 33
Blenkinsop family, 86, 152, 161
Blue stones on bridges, 211, 229
Blunt family, 34
Blunville family, 35
Boisil, 5
Bolebec, Hugh de, 11
Bolom family, 29
Bolton, 145 ; in Craven, 178
Bolton, Jos., 112
Borcovicus, Roman coin from, vii.
Boroughdon family, 37
Boruton family, 12
Bourchier of Benningbrough, 179
Bourn, Edm., 112
Boutflower, Geo., 133
Bower, Alan, 60; of Treeton, 198
Bowes family, 31, 40, 63. 70, 78, 96, 97,
128, 212, 213, 214
Boynton of Sadbury, 139
Brabant family, 159
Bradforth, Tho., 197
Brafferton family, 27, 78
Brampton, 156; Roman coins from, vii,
Brancepeth Church, 193
Brandon, East, 25, 26
Bransby family, 78
Brechin, capitular seal of, viii.
Brereton, 151
Brevint, Dr., 213
Bristoe family, 86
Brittany, Duke and Duchess of, 10
Bromley, 131
Brown 'of Gateshead, 226, 227 et seq, ;
Elizabeth, 166 ; Richard, 211
Brown, Lord Montague, 67, 155
Broxfield, 161
Bruninghill family, 27
Bryan, Rio., 114
Buckle of York, 194
Budle, 16
Bulkham family, 32
Buhner family 61, 82
Burdon, Win. de, 12
Burghley, Lord, 219, et seq.
Burnett family, 195
Burrell, Chr. 168
Burton, Capt., 133
Buteland, 159, 163
Butter, Mr. Thomas, 161
Byerly of Tuddo, 193
Byker family, 12
Bynkfield family, 13
Byron, Rev. John, 22
Bywell, 127 ; Castle, 159 ; subsidy roll,
130 ; Vicar of, 33,
C.
Caen (de Cadamo) family, 71, 82
Calverdon, 11
Calverley of Newcastle, 199
Camberton, 145
Camboe family, 12
Candlestick from Barnard Castle, vi.
Cantrell, "VVm., 147
Capheaton, 163
Carbarn, 7
Carlbury, 86
Carlisle, 6; Dean and Chapter of, 160;
property at, 33 ; ring found near, xii. ;
Cathedral, spectacles from, vi. ; seal
of, viii,
Carlton family, 35, 149, 156
Carnaby family, 130, 132, 161
Carr family, 161, 217
Carrill, Edw., 150
Carter, Margt., 217
Carting-ton, family 139, 142
Carucate, contents of, 10
Case family, 93, 95
Catterick family, 29
Catton, co York, 191
Cavendish family, 130, 201
Cawood, 202
Ceartmel, 6
Cecil family, 150, 151
Ceolwulf, King, 7
Chain Armour from Chester-le-Street, x.
Chambers of Gateshead, 231
Charlton, Dr., 45, 48, 50
Chaytor family, 94, 97, 99, 103
Cheker, Wm., de, 60
Cherry, Alan, 36
Chester, family of, 32
Chester-le-Street, Dacre of, 157; Dean
of, 24 ; Church of, discoveries in? iv. ;
Roman station at, iv. ; Roman remains
from, viii., x. ; Commons of, 108
Chillingham, 77
Chilton, 27, 28
Chimney money, 160
Chomelly family, 143
Clarke, Rowland, 88, 90; George, 114;
Robert, 217 ; of London, 123
INDEX.
235
Clarkson family, 120 et seq.
Clavering, James, 95; Sir James, 171
Claxton family, 142
Cleasby, 178
Clenell, John, 160
Clervaux family, 77, 86
Clifford family, 185, 186
Clock, ancient, xii.
Clyff family, 31
Cnut, King, 7
Coal measure, 216; works in Durham,
39
Coastley, 161
Coatham Mundeville, 25, 72, 76
Cocken family, 26, 31
Cockermouth, 196
Cocks of Plymouth, 104
Coffee in Durham, 136
Cogdon, John, 217
Coins, Roman, found at Adderstone, 14 ;
Northumbrian, xi.
Colchester at Corbridge, 37
Coldingham, 54; priory, 8, 58
Coll family, 25
Colling family, 98
Collingwood family, 129, 160
Colville of Whitehouse, &c., 120, 122
Coniscliffe, 86, 151
Constable family, 63, 92; Sir Marma-
duke, xi.
Constantinus Junior, coin of, vii.
Conyers family, 25, 76, 78, 90, 107, 197
Cooke, Ann, 200
Cor, a giant, 37
Corbridge, 33, 162; clerk' s fees at, 163 ;
Roman station at, 37
Corkby, 152, 155
Corpus Christi Day, 59
Corstopitum, 38
Cosin, Bishop, 207, 214
Cotesforth family, 91, 96
Coulson family, 127, 130, 131
Council of the' North, seal of, 89
County flatt, 72
Cradock family, 93, 171
Crake, gift of, to St. Cuthbert, 6
Cramlingion, 11, 12, 79
Craven, Adam de, 26
Crawforth, Chr., 213, 214
Creagh, Sir Wm., and Lady, 163, 164
Creklawe, 11
Cressingharn family, 34
Croglin, 140, 148, 152, 155
Crookhall, near Durham, 38
Cross and banner of St. Cuthbert, 51
Crosthwaite Church, 140
Croxdale, 174
Croxfield, 163
Cunningham family, 159
Curry family, 11 5,' 116
Cuthbert, St., 5, 6 ; banner and cross of,
51 ; arms of, 53 ; ring of, 66
Cynewerth, Abbot, 6
Cyr, St., 44
D.
Dacre family, of Greystock, heirs male
of, 137 et seq.
Dalby, 187
Dalton family, 25
Davison, Mr., 218
Darcy, Lord, 63, 64
Darlington, 75 et seq., 83, 85, 86 et seq., 101
Dashwood, Sir Sam., 161
Dean, Mr., 112; Dorothy, 197
Delaval family, 12, 132
Delmtham family, 36
Dent family, 184, 187
Denton family, 33
Derwentwater, 139, &c.
Dilston, 139 et seq. ; household accounts
of, 159
Dinsdale, 70, 86 et seq., 100
Dinsdale, Over, 79
Dixon of Gateshead, 226
Dobson of Acombe, 128; Dr. 212
Dodsworth of Barton, 96
Doffinby, Captain, 134
Doncaster, 63
Donkin of Gateshead, 231
Dormer, Robert, 218
Dowthwaite family, 198, 214
Dryburne, 167 169
Ducane, Capt., 190
Duck, Alderman John, 216
Dudley, Bishop, 55 ; John, 153 ; of
Dudley, 141
Durham, baking in, 216; Blacksmiths
v. the Bladesmiths of, 171 ; Drapers
and Taylors v. the Mantuamakers of,
166 ; the like v. White, 170 ; the like
v. Blunt, 170; the Haberdashers of v.
Blunt, 170 ; the like v. Fisher, 170 ;
the Carpenters of, 207 ; the Masons,
207, 208; the Skinners of, 208, 211,
212; coffee at, 136; jurisdiction as
to Castle Chare in Framwellgate 166 ;
the like as to Elvet, 170 ; the like as
to the Cathedral, College, and the
Baileys, 203, 206, 211,; antiquities
of the Church of, 1 ; Cathedral of,
repairs, 213; relics of St. Cuthbert
formerly at, 51, 66 ; priory, seal of,
55 : St. Margaret's, 24 ; St. Oswald's
60 ; Old Borough of, 26 ; map of,
viii. ; Moor, 108; navigation to, 118;
County House, 207, 214; property at,
25, 76, 78, 79 ; family of, 37
Durisall family, 28
Duxfield, Wm. de, 34.
236
INDEX.
E.
Eamon family, 1 1
Eardulf, Bishop, 7
Ebchester family, 36
Eddred, Bishop, 7
Eden family, 103
Edgar, King, 7 ; King of Scotland, 8,
53; Atheling, 53
Edgeknoll, 195
Edington, 11
Edmondsley, 76
Edmund, King, 7
Edred, King, 7
Edward the Confessor, 8 ; the Elder, 7 ;
the Martyr, 7 ; the First, 57
Eclwy, King, 7
Egelric, Bishop, 8
Egfrid, King, 6
Egglescliffo, 18, 78, 79, 86 ; John de, 76
Ekington, 145
Eland, 11
Elfred, King, 7
Elleringtoii family, 130
Ellerker, 18
Elsdon, Roman remains from, xi.
Eltofte family, 25
Emerson, Helen, 162
Errington family, 35, 36, 128, 132, 194
Eshall family, 187
Eshe family, 27, 179
Espershiels, 130
Ethelred the Unready, 7
Etheriugton, Sarah, 217
Euro family, 10, 25, 78, 86, 183, 185,
186, 195
Evans, Mr. Henry, 147
Exanford, 6
Eyre, Mousignor Charles, 68
F.
Fairfax of Walton, 187
Fairhair family, 29, 30
Fairless family, 171
Fait family, 32, 33
Farle, 161
Farmer family, 103
Fatherly, Tho., 216
Fawcett of Boldon, 120
Fawdon family, 12
Fawkcs of Farneley, 179
Felton, Alan de, 34
Fenwick family, 12, 123, 129, 139, 161,
162, 197; John, 137
Ferure family, 35
Fetherstonhaugh family, 161
Feynane, Christina, 37
Fisher family, 29
Fishgarth riot, 96
Fitz-Alan family, 155
Fitz-Asceline family, 35, 36
Fitz-Hugh family, 28
Fitz-Godwin, Robert, 53, 54
Fitz-Herbert family, 129
Five wounds, badge of, 64
Flambard, Bishop, 54
Flamborough church, brass at, xi.
Fleetwood, Sir "William, 224
Flodden field, battle of, 61, 65
Forcett, 10, 184, 188
Forster family, 92, 95, 127, 159, 161,
162, 168
Fourstones, 128
Foxton, 198 ; John, 192
Framwellgate, 107, 166
Frankland of Glaisdale, 196
French, Adeline, 168
Frere, Mr. Tho., 200
Funeral of Mr. John Killinghall, 101 _
G.
Gainford, 7 ; Church, 189
Gaire, Eliz., 161
Galley, Tho. 116.
Garmundsway, 7
Garnett of Blackwell, 194
Garstall, Mr. Roger, 162
Garstang, umbo found at, 50
Garth, Sir Samuel, 109
Gascoigne of Otley, 200
Gategang family, 107
Gaterley Moor, 193
Gateshead, 13, 78, 79, 162, 199; at-
tempted annexation of, to Newcastle,
219 ; tombstone at, 57 ; markets and
fairs at, 226 ; Moor, 222 ; Rector of,
223 ; toll book and pant at, 229 ; fa-
mily of, 36.
Gaugi family, 11
Gaunte family, 31, 32
Geri, John, 27
Gesmouth, Adam de, 11
Giles, St., of Durham, seals of, 56
Gill, Chr., 133 ; of BenweU, 200
Gilpin of Kentmere Hall, 199
Girlington family, 81
Glaisdale, 196
Glemham, Sir Tho., 132
Glover family, 30, 33
Gosewyke family, 31
Gosforth, 69
' Gospel' found at Newcastle, x.
Gowland family, 109, 117, 136.
Gray family, 35, 36
Graystones, 25, 76, 78, 79, 81, 91
Green family, 125, 132, 195
Gregory, St., 43
Gresham of Armthorpe, 201
Gretham, Wm. de, 58
Grey of Chillingham, 142 ; of Newcas-
tle, 199; of Lumley, 112, 115, 116;
Dr., 113, 214. See Gray
INDEX.
237
Greystock Castle, 144, 145 ; Rectory,
147, 149
Grinsdale, 158
Grymmesby, Eob., de, 57
Gule of Blackwell, 194
Gundred, King, 7
Gunston, Percival, 31
Guthred, King, 8
H.
Hackforth, 186, 187
Haggerston, Sir Tho., 160
Hagthorp family, 26, 29, 107
Haine family, 197
Haire, John, 217
HaU family, 29, 166, 169, 184, 201, 217
Halton family, 11
Halyden, 38
Halywell family, 29, 30
Hamel, Aldan, 2; Gamel, 9
Hanby, Will., 123
Hanlakeby, John de, 26, 27
Hansley, Mr. Edw., 147
Harbottle family, 31
Harcla family, 33
Hardwick, 29
Hare, Sir Robert, 67
Harlsey, West, 145
Harraton, chapel of, 24
Harrison the bellfounder, 22 ; family of,
130
Hartborn, 161
Hartburn, West, tenures of, 69 et seq.
Hartlepool, 198 ; gravestones at, 57 ;
Mayor of, 109
Hartley, Leonard, 77
Harwood, Earl of, 179
Haughton, 73, 74, 91
Hawthorne, co Dur., 139, 142
Hayles, Mr., 161
Healey, 130
Heath family, 199
Hebborne family, 97
Hedley family, 27, 193, 212
Heddon-on- the- Wall, Roman coins from,
vii.
Hedwin family, 12
Hedworth, Marmaduke, 157
Heighington, 17; family, 82
Henry VI., prayers to, and hymn con-
cerning, 175 ; his residence at Bolton,
177
Henry VIII., roll of prayers belonging
to, 41
Henryson family, 28
Herasmus, St., 45
Herdwyk family, 76
Herford, de, family of, 35
Heron family, 38, 128, 129, 132, 160
Hert family, 26, 27
Hexham, Church history of, 1, 6 ; priests
and bailiffs of, 8
Hey ton, 145
HiU of Mizen, 201
Hilton family, 63, 98, 108, 111, 207,
211
Hinde of Stelling, 127
Hirst of Otley, 200
Hodgson the Historian, 231; continua-
tion of his History of Northumber-
land, ii.
Hodshon family, 131, 213
Holden family, 25
Holme, Cath., 91
Holmes family, 103
Holy Island, 62, 106
Hoppey family, 196, 200
Hoppon, 197
Horneby family, 31
Hornecaster, Hen. de, 58
Horsley family, 35, 197
Hoton family, 24, 28, 29, 32, 33, 76
Houghton-le- Spring, 111, 114, 115
Hovingham, 199
Howard family, 61, 62, 143, 146 et seq.
Howden, 8
Huddleston family, 178
Hudson family, 90, 195
Hudspeth, Alice, 163
Hull, James, 213, 214
Hullock of Barnard Castle, 188
Hunsdon, Lord, 144
Hunwick, 28
Hutchinson family, 169, 227 et seq.
Hutton, Mr. Serjeant, 152. See Hoton.
I.
Ingleby, Henry de, 76
Inglewood family, 34
Ipswich, 40
Irthington, 144
J.
Jackson family, 211, 214
Jakes family, 27
Jarrow Church, slab from, 57
Jedworth, 7
Jefferson, Mr. Serjeant, 161
Jenkins. John, 161
Jesmond, Adam de, 12
John of Beverley, banner of, 57
Johnson family, 32, 36, 81, 166, 167,
168, 169, 171, 191, 212
Jordan family, 159, 160, 163
Jovintus, 50
Julitta, St., 44
K.
Keith, James, 123
Keling, fish called the, 77
2 I
238
INDEX.
Kellow family, 25, 32
Kemble family, 34, 35
Kempe, Jane, 217
Kendall Church, 199
Kent, Countess of, 60
Kentmere, 199
Kepeswick, 196
Kepyer Hospital, seals of, 56
Kibblesworth family, 12
Killinghall, House of, 69
Killingworth family, 198
Kirkeby, 198
Kirkland, 145
Kirk Oswald, 144, 145, 152, 153, 155
Kirklington, Dean of, 158
Kirtou family, 143
Knaresbrough, 195
Knight family, 196
Knowte, John, 60
Knox, John, 225
L.
Lambton family, 91, 94, 100, 107, 119,
208, 216
Larnpleugh of Cockermouth, 196
Langley, near Brandon, 25, 26
Langotiily, 145
Langstaffe, John, 207, 214. See Long-
staffe
Lardener family, 27
Lascelles of Ayryholme, 199
Laton family, 178, 192. See Layton
Lawe, Rob. de la, 12
Lawreu, Eylaf, 9
Lawson family, 90; MS., 1, 54; Sir
William, 1, 10, 46; Mrs. Dorothy,
225
Laycock family, 200
Layton family, 87, 94. See Laton
Leaden box and crosses from Richmond,
46
Lead works in Durham, 39
Lee, Atte, family of, 74
Lee family, 168, 217
Lelom, Richard, 76
Lesley, General, 94
Lewes, Tho., 161
Lewyn family, 29, 31, 34
LiddeU, Hen., 109
Lilborn, East, 160
Lilburn family, 12
Lindisfarne, 4 ; See of, 6
Lindley of Middleham Castle, 196
Lindsey, 8
Linsey, Mrs. Margery, 199
Lisle family, 127
Little Harle, antiquities from, vi.
Local Muniments, 10, 24
Locomotive Steam Carriage, invented
bv Tho. Allen, x.
London family, 35, 36
Long Newton, 83, 85, 91
Longstaffe, Abel, 213, 214; W. H. D.,
passim. See Langstaffe
Lonsdale family, 34
Lorbittle, 160
Lothian, early history of, ix.
Lovekyn, John, 73
Lowrey family, 127
Lowther of Lowther, 149
Lumley Castle, 113; park gate, 114;
letters, 109 ; family of, 63, 85, 109,
131, 156
Lumley, Great, coal at, 217
M.
Machon, Ann, 168
Maddison, Tho., 110, 112
Maddocks family, 82, 90
Malcolm, King of Scots, 3
Mann, Chr., 216
Manners family, 105
Mantua-makers in Durham, 165
Marmaduke family, 38, 108
Martin family, 34, 204
Martindale family, 158
Marwood, Sir Henry, 96
Mascall family, 119, 169
Masham, Sir Wm. de, 60
Massey, Dor., 162
Matfen, 130 ; Roman umbo from, 49
Mauleverer family, 77
Maurice, Mary, 167
Mazarene, Duchess of, brought in man-
toes, 168
Meldon rectory, 159
Melrose, 7
Members, Honorary of the Society xiii. ;
Ordinary, xv.
Menevile, Rob., de, 11
Merley family, 38
Metcalfe of Aldbrough, 187
Metham family, 179, 187
Meynell family, 179, 185, 187
Middleham Castle, 196; Moor fair, 161
Midford, 10; family, 160, 162, 163, 169
Middleton Hall, 160 ; St. George, 188 ;
tenures of Middleton St. George and
Middleton-one-Row, 69; family, 71,
168, 169, 198
Milbanke, Sir Mark, 161
Milborn, Mr. Ralph, 162
Miller family, 159, 161
Milliners, 165
Milneburne, 11
Montague, Earl of Halifax, 110
Moore of Yorke, 91
Morpeth, 12
Morton, near Dinsdale, 70
Morton family, 25 ; Bishop, 209
INDEX.
239
Mountaigne, Archbishop of York, 202
Mowbray, .Robert de, 4
Mundingdene, miracle at, 2
Muschamp family, 159
Musgrave family, 33
Myers, George, 90.
N.
Nafferton, 128, 129
Naworth Castle, 144
Neel, Edw., 161
Neile, Mr., 210
Nelson family, 90, 93, 196
Nesham of Houghton, 111
Nettles worth, Bishop Bek's charter of
lands at, 107
Nevil family, 62, 63, 150, 185, 186
Nevil's Cross, iii., 51, 59
Newbiggin-on-the-Dike, 83, 85
Newbottle, pitmen's strike at, 111
Newbridge, near Chester-le- Street, 118
Newcastle-upon-Tyne, 29, 35, 60, 199;
Castle of, iii. ; painted boards from a
house near the Castle, ix. ; 'Gospel'
found there, x. ; antiquities from the
Side, x, ; red-deer horns and creeing-
troughs found at, viii. ; clergy of St.
Nicholas' Church, 13 ; legaices to
churches, 13; Major Anderson's be-
quests to, 21 ; Bells of St. Nicholas,
17; the town in 1745, 110; the
Poldhall, 32; Mealmarketgate, 32;
hospital of St. Mary in Westgate, 32 ;
attempt to annex Gateshead to New-
castle, 219 ; Mayor, &c., v. Nattress
as to trading in Gateshead, 226 : Earl
of Newcastle, 132
Newcomb family, 184
Newlands, 161
New members of the Society, iv.
Newminster, 12
Newsham-on-Tees, 85, 151
Newton, near Durham, 169
Newton Hall, 130 et seq.
Newton, Lord of, 26
Newton family, 131
Nicholson family, 160, 163, 166, 199,
216
Norfolk, Duke of, 63
Norham, 2, 7, 160
Northumbrian coins, xi.
Norton, 18, 25 ; Oakwood and bones
found at, ix.
Norton family, 64, 86
Nuncupative wills, 191
0.
Gates, Richard, 211
Officers of the Society for 1857, xx.
Ogle family, 11, 32, 59, 97, 98, 105,
127, 133, 197
Oglethorpe family, 85
Onalafbal, 2
Osbert, King, 7
Oswald, St., banner of, 60
Otley, 200
Otley family, 30
Outchester, remains at, 16
Oyston, Richard, 116.
P.
Pagan, Roland-Fitz, 71
Page, John, 163
Paget family, 196
Painter family, 30, 31
Palmer family, 36
Pampedene, John de, 11
Pantaleon, St., 45
Papers read 1856-7, iv.
Paris, English Canonesses at, 67
Park family, 12, 159,
Parkinson family, 86, 87, 167, 168, 213,
214
Parr's (Lord) choir in Kendal Church,
199
Parsonman, William called, 33
Peareth family, 125
Pearson, Geo., 122, 123, 125, 161, 163
Peart, Anne, 217
Pemberton family, 97, 100, 104
Pennyman family, 97
Pepper family, 93, 100
Percy, Earl of Northumberland, 62, 63
Perkinson family, 81
Petriana, altar from, vi.
Pickering, Dr., 212
Picton, 187, 188
Pigg family, 159
Pikeden, 11
Pilgrims' tokens, 47
Pilgrimage of Grace, 62
Pilkington of Pilkington, 179
Pinkney family, 100
Pitmen's strike at Newbottle, 111
Place family, 27, 86, 90, 91, 97, 98, 187
Plaws worth family, 26
Plessey family, 11, 12
Plornpton of Boldon, 226 et seq.
Plummer family, 31
Plumpton, 145
Poictou's (Bp.) Charter to Gateshead, 232
Pollard family, 25, 29, 30
Pome, William, 31
Pomfret Castle, 63, 64
Pontchardon family, 32
Potter family, 28, 113
Potts of Gateshead, 231
Pountees, tenures of, 70 et seq.
Prescott family, 105
240
INDEX.
Prest, pronunciation of, 35 ; family of,
•34, 35, 36
Preston, 25 ; Gawen, 160
Prior family, 31
Pudding family, 12
Pudsay, Bishop, 55 ; Ms charter to
Gateshead, 232 ; family of, at Barford
and Bolton, 90, 173
Pullen, Dan., 15
Punshon family, 24
Pye, Mr., 163.
Q.
Quarrington family, 27
Qwhelpdale family, 29
E.
Eaby, John de, 203
Eadclyffe of Derwentwater, heirs general
of, and notice of other branches of the
family, 137; extracts from the ac-
counts of Sir Francis, 159 ; of Dilston,
133 ; Francis, 184 ; John, 89
Eaine family, 97, 104 ; Eev. James, jun.
190, 202
Eaket family, 24, 25, 31
Eashall, Eichard, 211
Eedmarshall family, 32
Eeed, Wm., 211, 214
Eeingwald, King, 2
Eeport of the Society, i-
Eeynauld family, 35, 36
Eichard III., 61
Eichardson family, 193, 212
.Richmond, 195; plague of, 194; castle,
123, 124; leaden box and crosses from,
46 ; Earl and Countess of, 10 '
Eickarby, 96
Eider of Armthorpe, 201
Eidley family, 130, 131, 161, 162, 171
Eigby Alex., 31
Eiley, Adam de, 26
Eing of St. Cuthbert, 66
Eipon, treaty of, 30 ; family of, 30
Eish worth family, 200
Eites and Monuments of Durham, Hun-
ter's copy of, 59
Eobinson family, 104, 114, 115, 211
Eobson of Hindeley, 133
Eomaldkird, 189
Eoman Eepublic of 1849, coins of, viii.
Eoper, Mr., 112, 114, 115
Eosary found at Newcastle, x.
Eothbury, Saxon antiquities of, vii.
Eouceby family, 29, 31, 34, 226 et seq.
Eounton, West, 79
Eouthsyde family, 35
Eoutledge, Hen., 212
Eowell, als. Eadclyffe, HO, 141
Eowell family, 207, 213, 214
Eumney family, 120, 122, 123
Eussell family, 27, 30
Eutter, Isaac, 167, 168
Eyehall, Tho. de, 30
Eyehill family, 12
Eyhope Dean, 118
Eyton, 86
S.
Sadberge, 76, 83, 85, 91 ; wapentake of,
69
Saint Cuthbert, laws of, 7 ; the Lawson
MS. relating to, 1 ; banner and cross
of, 51 ; ring of, 66
Saint, Peter de, family of, 11
Salford family, 74
Salkeld family, 156
Salter family, 36
Salvin family, 174, 187, 188, 197
Sanderson family, 130
Savage family, 179
SaviUe, Lord, 95
Sawer family, 37
Sayer of Worsall, 187
Scalebeam, Eoman, 14
Scarbrough, 197
Scheley family, 36
Scorer, James, 120, 121
Scorton, near Eievaulx, 18
Scot, Eic., 32
Scremerston, 160
Scrope family, 139, 173, 183, 185, 186,
201
Scula, 2
Selby family, 34, 160, 161
Shaftoe, 161
Sharpe, Wm., 167, 168
Shaw, Matt., 171
Shepherd, Owen, 152
Sheraton family, 25. 31
Sherburn Hospital, vii., 107
Shields in 1745, 110
Shildon, 84; common, 134
Shotley Bridge, ancient grave at, v.
Shrewsbury, Lady, 202
Shuttleworth family, 135, 200
Silvertop family, 135
Simpson family, 31, 189 212, 214
Skelton family, 154, 162
Skirmingham, 82
Skitby, 198
Slade family, 28
Slinger family, 184
Smeaton, 200
Smethirst family, 32
Smeton family/ 192
Smirke family, 29, 125
Smith family, 29, 35, 69, 134, 200, 204,
211,212
Snawdon, Magdalene, 168
INDEX.
241
Sockburn, 25
Somerville family, 36
Souter Point, 118
Spades, early form of, 1
Sparke family, 31, 168
Spearman family, 98
Spectacles from Carlisle Cathedral, v. '
Speight family, 191
Spender of York, 198
Spicer family, 25, 107
Spindleston, 161, 163
Stafferton family, 81
Stafford family, 31
Stagshaw, 36
Staindrop, 7, 85; family of, 28, 31
Stainton, Great, 93, 94
Standard, Battle of, 52
Stanhope, 78
Stanton, Stephen de, 36
Stanwick, St. John's, 187, 189
Stanwlx, Eoman remains from, xi>
Stapleton, 188
Starn, Tho., 114
Staveley of Thormanby, 91
Steel, Tho., 27
Stelling, 127 et seq.
Stevenson, 31, 213, 214
Stillington, 83, 85
Stockton, 25
Stodhoo, near Dinsdale, 71
Stokoe, Marke, 162
Stone family, 35
Stoop of Gateshead, 199
Stott family, 122
Strangwayes family, 39, 145, 158, 200
Stubley, Mrs., 196
Streete family, 200
Sudgethlin, 6
Sunderland, 118; by-the-Bridge, 76
Surrey Lord, 61
Surtees family, 69, 73, 78, 83, 84, 85, 87,
Suttonof Dudley, 141
Swan family, 120, 122
Swifte of Doncaster, 201
Swinburne family, 128, 129, 161
Swinhoe, Gilbert, 132
Symeon's History, 9
T.
Tadcaster, 197
Talbot, Earl of Shrewsbury, 201
Tanfield, 193
Tang family, 25, 32
Tankerville, Earl of, 123
Taylboys family, 81
Teale family, 97
Teasdale of Slaley, 159
Tebay family, 33
Tebb, Elizabeth, 194
Tees and Tyne, land between the, 7
Tempest family, 32, 72, 109, 132, 162
Temple Thornton, 161, 163
Testamentary curiosities, 191
Tetragrammaton, 134
Thady family, 85
Theddlethorp, 83, 84
Theodore, Archbp., 6
Thirkeld, Tho., 167, 168
Thomas, Wm., 43
Thompson family, 65, 115, 116, 209, 226
Thornbrough, Eic., 161
Thornby, Mr. Hugh, 147
Thornton, 197
Thornton Hall, 81
Thornton family, 81
Thriske of Skitby, 198
Tobell family, 29
Tole of Thornton, 197
Tomlinson of Birdforth, 91
Tonge family, 199
Topcliffe, 132
Topham, Susanna, 197
Tothall, Ric., 199
Trafford Hill, 72, 78, 86, 1.00
Treasurer's account, xviii.
Treeton, Notts, 198
Trevor, Bishop, seal of, ix.
Trewick family, 12
Trillesden, 38
Trinity, representation of, 42
Trollop of Thornley, 179
Trotter family, 132, 185, 187
Trueman, Mr. Will., 65, 109, 111, 120,
165, 171, 216
Tudhoe, 28, 29, 193
Tunstall, Bishop, 66, 166, 172, 225;
family of, 90
Turnbull, Eliz., 162
Turner family, 30, 195; Mr. Hudson,
231
Tyndal family, 34, 35
Tynemouth, vi., 4, 39
Tyningham monastery, 6
Tythes on allotments, 135
U.
Ugthorpe, Radclyffe of, 138
Umbo of Roman Shield, 49
Upsal, 145
Urpyn, John, 90
Urwin, Mr , 163
Ushaw College, roll of papers from, 41
Usworth, 126
V.
Vane family, 97, 98
Ventress, John, 17, 118
Vesey family, 10, 11
Vicandale rent, 160
242
INDEX.
W.
"Wade of Ousterly, 126
Walcher, Bishop, 3, 8
Walker family, 25, 115, 116
Wall, Mr. Ric., 162
Wallis family, 27
Walpole, Horace, 110
Walridge, 24
Waltham, 8
Walton family, 95, 115, 116, 197
Walworth family, 73
Warcop family, 29
Ward family, 90, 166, 168
Warden, graves at, vii.
Wark, 62
Warke manor, deodand within, 163
Warkworth, 7
Warn river, 16
Washington letters and family, 120
Wasse, Nicholas, 90
Watson family, 67, 171, 191, 193
Wear, river, 110, 118
Webster, Bertram, 27
Welbury manor, 143
Welch, Eliz., 168
WeUeton, 8
Werwick family, 32
West, Tho., 121
Westholme, 198
Westou sune, Elured, 9
Westwood, 161
Wharham family, 25
Wharton, Tho., 212
Whawton, 145
Whelp family, 29
Whelpington Rectory, 161
Whessoe, 25
Whinnvylle, Hugh de, 34
Whitehouse, near Gateshead, 120
Whitfield, John, 160, 163
Whittall, 162
Whittingham family, 65, 136
Withworth family, 108
Wideslade family, 12
Widdrington family, 11, 93, 94, 132,
159, 163
Wigeton, 58
Wilkinson, surname of, 8 ; family of,
184, 187, 208, 226
William the Conqueror, 8, 9
William, Saint, Banner of, 62
Wills family, 117, 167, 168, 169
Wilson family, 114, 125, 189
Windacres family, 30
Windgates family, 30
Winlaton, 86
Witelaw, and family of that name, 11,12
Witham family, 94, 103, 187
Wither family, 30
Wolsey, Cardinal, 62 ; his instructions
to his officers at Durham, 39
Wolsingham, 78
Wodhowse family, 31
Wodroffe in Kent, 196
Wood, Isabella, 168; Mr. John, 212
Woodhall leadmine, 160
Woodness family, 30
Wooley, 161
Woodpuller family, 27
Woolridge family, 97
Wormleigh family, vii.
Wren family, 80, 196
Wright family, 30
Wycliffe, 7, 81
Wylam family, 126
Wywell family, 35
Y.
Yarm, 189
Yleclif, 7
York, 194, 196, 198; court of the Presi-
dent of the North at, 226, 231 ; land
at, given to St. Cuthbert, 6
END OF VOL. II.
NEWCASTLE-UPON-TYNE :
PRINTED BY THOMAS AND JAMES TIGG, CLAYTON STREET.
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