Full text of "Memorials of the abbey of St. Mary of Fountains : vol. II part I"

NOTICE.

By a printer's error the pagination is
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THE

PUBLICATIONS

OF THE

SUBTEES SOCIETY,

ESTABLISHED IN THE YEAR
M.DCCC.XXXIV.

VOL. LXVII.
FOR THE YEAR M.DCCC.LXXVL

RIPON :

PRINTED BY WILLIAM HARRISON,
MARKET PLACE.

FOUNTAINS ABBEY, FROM THE SOUTH.

MEMORIALS

OP THE

ABBEY OF ST. MARY OF FOUNTAINS,

COLLECTED AND EDITED BY

JOHN RICHARD WALBRAN, F.S.A.
VOL II. PART I.

44 6t oocattts locus ille Jfontcs, M extent et fceinxeps, tanquam ire
J&alfaaioris, lam mnlti Ijauscrunt aquas salientes hi fritam
GUL. DE NEWBURGH, HIST. AKGL., LIB. i., CAP. xiv.

for t^e J&ocreijr bg

ANDREWS & CO., SADLER STREET. DURHAM.
LONDON : WHITTAKER AND CO., 13, AVE MARIA LANE

BERNARD QUARITCH, 15, PICCADILLY.
EDINBURGH : WILLIAM BLACKWOOD AND SONS.

1878.

At a Meeting of the Council of THE SURTEES SOCIETY,
held in the Castle of Durham, on Tuesday, the sixth of December,

1864-

HJL

It was ordered that " THE MEMORIALS OF FOUNTAINS ABBEY,
VOL. IL, should be edited by MR. WALBRAN."

JAMES RAJNE,

Secretary.

At a General Meeting of the Surtees Society, held in the
Castle of Durham, on the sixth of June, 1869

" The Secretary was empowered to complete the volume on
FOUNTAINS ABBEY which was left unfinished by MR. WALBRAN."

JAMES RAINE,

Secretary.

MAR 2 3 1999

PEEFACE.

THE first volume of the Memorials of Fountains Abbey was
issued to the members of the Surtees Society in 1863. The
most casual observer could not fail to perceive that the Editor
had found a congenial theme to which he had devoted himself
with enthusiastic energy. The result of his labours, as was fit
and proper, evoked much sympathy and admiration, and the
Society desired him to continue the work, which he was so well
qualified to carry through. It was Mr. Walbran's intention to
print in the present volume the Royal charters of Privilege, and
the Papal Bulls which had been granted to Fountains Abbey.
At the time of his lamented decease he had only printed off five
sheets, or 80 pages, in which the Royal Grants were completed
and the Papal Bulls only commenced. In the editing of these
Bulls he had set before himself a formidable task. By supple-
menting the grants which the Pontiffs had specially made to
Fountains with their gifts of a similar character to other Cister-
cian houses in the country, he intended to set forth in this volume
a complete Bullarium of the Order in England. Those who are
fully cognizant of the magnitude of such an effort, and they are
few in number, can understand the labour and the difficulties
that must have attended it. Mr. Walbran never flinched from
the work. The greater part of his materials was collected. All
were systematized in his mind, and when this volume was finished
it was his intention to give in other volumes the title deeds of the

VI PREFACE.

estates of the monastery, to be followed by the books of house-
hold, &c., in alphabetical order. For this also he had made very
extensive preparation, and some of the seals attached to the deeds
had been placed in the engraver's hands. The following is the
breviate of the points on which it was his intention to dilate in
the Preface to the present volume. It begins, as the reader will
observe, where its predecessor closes, and carries on the history
of Fountains to its abrupt termination. The Editor is unwilling
to alter a single word.

VOL. II. NOTES FOB PKEFACE.

After the death of John de Cancia, little or nothing is known of the monas-
tery until the time of Edw. I. In the meantime, however, circumstances
must have occurred which materially affected the House. Tithes and parochial
matters settled. Donations of land ceased. Abbots summoned to Parliament.
Another sphere of action developed. Building ceased. Great social changes.

The maxim, "Happy is the people which has no history," cannot perhaps be
applied in this instance. When some light is let in, temp. Abbot Otley, it
shews the House in disgrace and debt. No such days as those depicted by
Serlo. Either the abbot was in fault or some party of the monks had laid blame
on him, for he is not inserted in the Catalogue of the Abbots, neither is his suc-
cessor.

Beck's Furness about silver vessels given to F. by John, p. 171, anno 1206.

Towards the end of the century, much important church work was in
hand. York Minster, Vide Addit. MSS. Gisbrough. Howden, Vide vol. F.. p.
17, from Vavasor Charters, 1277. St. Mary's Abbey, Ripon, D(eputy) K(eeper)
27 Rep. p. 83, 12 Hen. III.

Temp. Hen. III. Articles objected by the French prelates against the
Friars, Preachers, and Minors.

Ch(apter) H(ouae) Miscell.
23

King at York, Christmas, 12 Hen. III. See D. K., 27 Rep.
Earl of Albemarle sheltered here (Fountains). Chron. of.
1290. Abbey in debt 6,373 ; reduced to 1,293. Reg. B. M. de F. in Bodl.
Titus A. xix.

Prior of Malton took refuge here. Abbot summoned to Parl. See Vol. I.
Scenes and matters in which they took part.
1298. Corbridge about to visit. Regist. Corbr.

1306. Trouble about a vagabond monk.

1307. Chancellor Hamelton died here. Note from Fine Roll about clerks of
Edward I.

PREFACE. Vli

Still farming kept up. Archbishop wants horses.
Soon after he writes about adultery of Conversi.

1310. Ripon parish interdicted. Monks would celebrate nevertheless.

1311. The Templars afflicted. (Wilkins* Cone. II.) Brethren of the Cist.

1313. Scots' incursion. (Coram Rege Roll, Pasch., 15 Edw. II., 20, 70. Battle
of Boro'bridge, 16 Mar., 1322. Abbey attacked. Chron. Lanercost.

1316. Pat. Roll,, 9 Edw. 1L, n. 25 d. Knaresbrough castle devastated, etc., 8
Rep. 184.

1317. Ruins of Granges, Rot. Pat. ii., Edw. II., m. 6. Tax. P. Nich., 8th Rep.
D. K., Appendix, 2, 189. Papal Extortions, Pat. ii. Edw. II., m. 9, and
31 part 2.

1344. Some Granges invaded. General remarks on violence. Middleton's
Raid, Vol. 8, p. 180. Dods., etc. Vatican Papers* torn, xvi., 15365, or
6. Many curious Letters to Cardinals in England, and an attack made
on them by Gilb. de Middleton, son of Belial, fo. 212, etc., 152, 469.
Long letter from the Pope to Thomas of Lancaster, 7 Nov., 1317, fo.
350 and 409.

1363. Effects of war on the granges. Cellarer gives evidence on the Scrope
and Grosvenor matter. Coming of Henry IV., from the Chrou. in the
Bodl. Dodsw., 140, fol. 98.

Richard II. in Scotland, 6 Rep. D. K., Appendix, p, 14.
1410. Roger Frank appointed and consequent row.

1413. 1, 2, 3, 4, Henry 5. Assize Rolls, Ebor. Rolls, Plea Rolls. In mem. vi.
p. 419> 1 H. 5., mention is made of suits then "in curiis nostris."

1416. 3, H. 5. Coram reg. Commiss. to try treason at Masham.
Vat. Papers. Vesp., F. 13, fol. 29.

Rom. Roll and Franc, for king's letter to pope.

1422. Circa 10 H. 5 or 1 Hen. 6. A plea betw. Ratclyffe and abbot of *.
before the Council.

1 H. 6. Assize and coram rege rolls.
1428. Year Book, circa 7 H. 6. Pasch. Rot. 18. 9 Hen. 6, Trinit. Rot. 21.

Ibid. Michis No. 3. 11 H. 6, Pasch. rot. 11, Ibid. Pasch. rot. 15. Vid,
Tanner, and then the Coram rege rolls.

1443. Row betw. Sir J. Nevill and F., 21 H. 6. Assize and coram rege.

1444. Another row, parties not named. Gaol deliv. rolls, for illustrating these
and rolls of parl.

1442. Greenwell elected.

1454. Act of Parl. 33 H. 6, to relieve F.

1454. 36 H. 6, Lord Clifford's son here ill.

1454. 2 writs, "ne exeat," sued out to restrain a monk from leaving the king-
dom (Swinton).

Vlll PREFACE.

1454. A trial at Lent assizes, York, and rest of year. (Swinton, 32).

1456. Divers suits. Esby in prison in London on suit of W. Hull. Corani

rege and ass. rolls. Exchequer rec. " Materia de Banke."
1455-6. 34 H. 6. Privy Seals had. Vid. 5 Rep. appx. 2, 34, 10 Rep. 8.

Duke of York at Swanley. Compot. 28. Companagium.

Counsel's fees paid at York about Crosthwaite ch. in Eccles. Court.

Chancery petitions. One paid for speaking to the chancellor. 5 Rep.,

No. 12, 16, 20, 21. Cal. 10 Rep. 8.

Monks were at York assizes in this year.

Monks at Knaresbrough court.
1457-8. A privy seal brought by king's messenger.

Banks' affairs in court in London.
1458-9. Litigation continued.

1468. Servants maltreated at Galphay. Assize rolls, 8 and 9 Edw. 4.
1482. Fulshaw pulled down by the foresters. Comp. Stauri, 154, 174.

Edward Prince of Wales here.
1486. Huby evilly entreated.

Building commenced again at abbey and granges.

Frankland sends men to abbey lead works. Hutch. Dur. ; 499, from

Cott. MS., Titus B. 1, f. 295. Fiddes' Wolsey.
1530 circa. E. of Northumberland complains to Wolsey about Thirsk. Burnet

says (vol. book, 3, 175), that Wolsey ordered a visitation of the north.

Qy., as legate or as abp. See his Regr. As to favour see Vesp. F. 13, f ol.

75, 77, 79, 109.

Brewer's Cal. State Paper publications.

1534. Acknowl. of supremacy made by rel. houses (7 Rep.), F. not included.
Vide Hutch. Dur. i., 511 ; Strype.

Cromwell made vicar genl., but com. is lost or not enrolled, Burnet,
vol. 1, 173. Proved all wills above 200.

Annuities paid temp. Leo. X. Harl. MS., 1850, 1 T. Harl. Cat. 2, 262.
1534-5. 26 H. 8. Act directing Val. eccl. to be taken. (Exam, with val.
after diss., Hen. 8, and instructions for knowing yearly income of all
monast., coll. ch., &c. Orig. on vellum). Also a commission for same
purpose, 30 Jany., 1535. Cleop. E. iv., fo. 167. See also Harl. MS.,
791, fol. 5-18, 23. Very important. N. E. of Burnet.

Rich., Ld. Latimer, and W. Ld. Conyers, to Hen. 8. Report of proceed-
ings as commissioners for the N. and W. Ridings. Snape, April 28.
Vesp., F. 13, fol. 110. See also fol. 118&.

1535. Abp. Lee and commiss. to Cromwell about valuations and objections.
Cleop. E. iv., fol. 308 and 9.

PREFACE. IX

Layton advises Cromwell to visit. Burnet, i., 174, quoting Cleop. iv.,
but there is no such letter there. Vid. N. E. of Burnet.

1535. July, Abp. Lee's letter to Henr. 8. Gleop. E. vi., 234, 239, 245, 250&.

Layton wishes Self and Legh to be employed in visiting. Had made a
boke of articles for Cromwell's visit this tyme 12 months. Cleop. E. iv.
Wright's Letters, p. 175. (Qy., if not same articles as partly in Layton's
hand in Cleop. E. iv.)

1535. October. Visitation of Mon. begun. Burnet, i., 175.

Articuli Kegiae inquisitionis in rnonasticam vitam agentes, with additions
in Layton's hand. Cleop. E. iv., fo. 11. Printed in Burnet, vol. i.,
appendix. Gent. Mag., 1804. West's Furness, p. 143.

1535. General injunctions to be given in all monasteries. Cleop. E. iv., fol.
21. Burnet, i., appendix. West's Furness, 143.

" Crimina comperta in variis monasteries." Cleop. E. iv., fol. 147-161.
Compendium compertorum per D. Legh and D. Layton in visitatione
regia domorum religiosorum in comit. Northf., Derb., Nott., Ebor., Dur.,
West., Cumb., Lane., and Ches., from a book lately found in the Duke
of Devonshire's library, at Hardwick, which had been copied for the
use of the Earl of Shrewsbury, temp. E. 6, from the original, which was
destroyed in Q. Mary's reign. Tr. for York, lent to Thoresby by De la
Prime. D. L. 89, 8vo.

1535-6. 27 H. 8, cap. 27. Court of Aug. erected. Miscell. Books, Aug. off.
27 H. 8, cap. 28. Lesser mon. dissolved. Vide M. A. vi., ad finem.

19 Jany., 26 H. 8. Thirsk resigns to the visitors.

20 Jany. Visitors inform Cromwell of the fact.

"Articles wherein the visitors have not made sufficient allowances."
Cleop. E. iv., fol. 306.
Pilgrimage of Grace, 1536-7.

Letters relating to Aske's reb., from Miscell. State Papers, 1501-1726,
London, 1778, 4to, from Harl. 6989. See letters of Hen. 8, Harl. 283.
fol. 76-80. Complains of York gentry, 83 and 85. See also Harl.. 604,
fol. 58.

1536. July. Cromwell appointed vicegerent (Burnet i., 174). Lord Herbert
saw the commission. His papers are in liby. of Corp. Xti., Oxon.
(Barnard, 69).

1537. 28 and 29 H. 8. July Assize at York, when Robert Moresby A. of
Whitby, and A. of Salley were tried.

Council of the North report their proc. at York assizes, 22 Aug., 1537.
Calig. B. 3, fol. 280. Ibid. 274.

loo 8. Nov. and Dec. Valuation of certain abbeys surrend. co. York and Notts.
Cleop. E. iv., fol. 300.
Pensions granted to divers before diss. of F. Addit. MS., 9781.

X PREFACE.

Leases granted by A. of F. before diss.

Form of a king's letter for taking surrender. Cleop. E. iv. fol. 192.

See D. K., 8 Rep. Appx. 2, for a privy seal. Commission of this kind.

1539-40. 31 Hen. 8, cap. 18. How leases made of manors belonging to mon*
ast. diss. and assured to the king shall take effect. Called Stat. of diss.,
8 Rep. D. K. p. 13.

Hy. Jenkins at F. His dep. as to age. Copied, p. 73. Strype.

1539. 26 Nov. 31 Hen. 8. Surrender of Fountains. See 8 Rep. about local
and monastic names.

Col. of Close rolls at and before this period, and other surrenders.

Opinion that Houses were forfeited by breach of trust, see 9 Rep. appx.

p. 246.

Decline of popish feeling at Ripon in giving to St. Wilf. Shrine. Add,

MS., 24, 837.

Cromwell appointed general steward. Chap. Ho. Rec., v. 232.

His account book and presents. Ibid.

Fountains proposed as a cathedral. Quote letters to show state of
religion.

Those in Peck long after. Masham court. Dep. York Fabric Rolls.
Cleop. E. 5, fol. 293, 327. Cleop. E. 6, Hy. 8 to York clergy, 234, 239,
250.

1 Oct., 1540. Fountains granted out. Beckwith's dishonesty, Prior dep. Aug.

office. Order and dec. C. of Aug., 31 H. 8-7 E. 6. Order for payment of

a debt due from the A. and C. of F., vol. 12, p. 436. As to grants, 9 Rep.

D. K. p. 21.
1543. 34 and 35 H. 8. Gaol deliv. York about the men who stole the lead

from Fountains.

36 H. 8. Commission under great seal to enable abp. of York to dispose

of the government of St. M. M. and St. John's Hospital at Ripon, and

to visit and reform the coll. ch.

Deeds brought into court of Aug. to be examined. Leases. How
necessary, see a forgery case, Harl. 2095, fol. 171, and a bill in Parl.
Journals H. of Com., vol. 1. Privy council books.

1546. 14 Feb., 1546, 37 H. 8. Commission to abp. of York to survey all coll.
churches, chantries, &c. Lansd. 830. Printed in Stevens.

A draft of an act for keeping hospitality at the places of the diss. abbeys.
Monks to be closely confined to their abbeys. Cleop. E. iv., fol. 182.
Printed in West, 173.

Discourse on the destruction of abbeys, Cleop. E. IV., fol. 172. See also
Addit. MS., 5813.

Value of church property generally. M. A. vol. 1, ad finem.

PREFACE. XI

Spelman Hist., and fate of Sacr., with addit., and fate of proprietors.
2 edit., 8vo., 1853.

Division of Gresham's Property. Gal. Inq. P. M. G. Will recited.
1553. Pensions charged in 1553. 2d Rep., p. 207. V. 5, p. 233.

1555. 2 and 3 Ph. and M. Scrutiny to be made for lead, bells, jewels, that
belonged to abbeys. Addit. MS., 4624, 86.

1559. Visitation of York province. 1559. S. P. Eliz., Vol. x.

Annuities formerly paid out of Aug. off., 1569-1608. 2 Kept., p. 243.
Lists of religious who bad pensions temp. Eliz. 13 Eliz., 1571, 5th
Kept., p. 11.

VOL. III. PREF.
Disputes with churches about tithes.

Glaus. 1 2 H. III. Sheriff of York to cause procl. to be made against giving
lands held in capite to Religious houses, &c. Vide D. K., 27 Rep., p. 73. .

Parlt. Rolls and Petitions.

Mr. Walbran never lived to write the Preface of which he
has given us the heads. The first volume, as has been already
stated, was published in 1863. The preparations for its successor
began immediately afterwards. But in addition to this labour
Mr. Walbran undertook a History of the Parish of Halifax,
and was engaged also on a genealogical search requiring the
minutest care, in which he was happily successful. Into these
pursuits he threw himself with an enthusiasm of which few, if
any, are capable. Visit after visit was paid to London and Oxford
and other places, and the hours of the day were too brief for the
uusated student. He would work, for instance, at the Bodleian
during the whole day, and then, when the place was closed, would
carry his books with him to the Radcliffe library, and work as long
as he was permitted to stay. And this went on without intermis-
sion for months. On another occasion he went through a large
portion of the early court rolls of the manor of Wakefield, a
somewhat dreary task, as most persons will allow. It was other-
wise with Mr. Walbran. He was in the seventh heaven of
enjoyment. " My only regret is (as he wrote to me) that I have
to eat and to sleep." And so he would work on until his

Xll PREFACE.

immediate object was attained, or he was thoroughly worn out,
and then he would return to his home at Ripon, more exhausted
than he liked to confess, to digest and systematize the treasures
of information which he had amassed.

It was after one of these literary expeditions, in April, 1868,
that his last illness came upon him at Ripon. He was sitting in
his work room, a place detached from his dwelling house and
reached by a stair of stone, surrounded by a chaos of papers,
with a few books of reference on a little shelf in the corner.
His occupation was index- making, when all at once he was
smitten with paralysis which took captive the two parts of his
system on which he most relied, his speech and his right hand.
Curiously enough, Mr. Hodgson, the historian of Northumberland,
whom Walbran ever spoke of with admiration and respect, was
engaged on the same work when the same disease found him out.
Hodgson recovered so far as to make some use of the speech that
he had lost, and of the hand which had been benumbed ; Walbran
lingered on for a year in the same pitiable condition. He could
utter a syllable or two occasionally, and generally preserved
much of his intelligence of old persons and things, but not
a word could he speak for the future, and the pen, which literally
dropped from his hand when the disease first struck him, never
came between his fingers again. Old friends came to see him
and did their best to bring the comfort which he so sorely needed,
and the tears would come into his eyes when they spoke of old
familiar themes, such as Fountains and the Saint of Clairvaux,
or other matters of weightier and nearer import. He drank in
everything that was said, and his struggles to speak one single
word in reply were painful to witness. It was all in vain. The
speech was sealed and the hand was chilled, and there was no
change until the last, which came to the sufferer after many
months of patient endurance, on the 9th of April, 1869.

This volume goes forth as the last memorial of a painstaking
and kind-hearted scholar. The text ends where he left it. The

PREFACE. X1H

Appendix consists chiefly of the papers which their author pre-
pared for the Yorkshire Architectural Society, on the Cistercian
abbeys in that county, and they appear here by the kind per-
mission of that body. In themselves they are essentially con-
nected with the subject matter of this volume. The account of
the Lords of Studley is a little work known hitherto only to a
few. When it was compiled, the author was denied access to
many material sources of information. The Editor therefore has
not scrupled to make great alterations in the text by his
corrections and additions.

Mr. Walbran fills a worthy place on the roll of Yorkshire
antiquaries. His earliest efforts were all directed towards the
history of that county. Almost from childhood his aspiration
was to be the historian of the Wapentake of Claro, in which his
home was situated. The avocations of a professional life delayed
this project, although he never gave it up. Afterwards, in more
recent years, when the project of a great Yorkshire county his-
tory was mooted, and volunteers were sought to take the charge
of particular districts, Mr. Walbran undertook that portion of
the Wapentake of Morley which contains the extensive parish
of Halifax. He was engaged upon this at the time of his ill-
ness, but the work is incomplete. The only historical work of
his that stamps him as possessing the capacity of a county his-
torian, is a history of Gainford, in the county of Durham,
which deserves to be much better known than it is.

It was impossible for an ardent and enthusiastic, temperament
like that of Mr. Walbran to escape the influence of the abbey of
Fountains, which was so near to his home. When Montalembert
beheld those ruins, so touched was he by the sight that he threw
himself on his knees in what was then known as the cloisters
of the abbey, and vowed to devote the rest of his life to the his-
tory of monasticism. The result of this vow was " the Monks
of the West." To Walbran the same ruins were familiar objects
from his childhood, and he soon learned the lesson which it was

XI V PREFACE.

their mission to deliver. It was to his influence with Earl de
Grey that the clearing out and the strengthening of the ruins is
due. Not only did he superintend the excavations, but he almost
lived on the spot whilst they were going on. It was with the
same enthusiasm that he afterwards undertook for the Surtees
Society the publication of the Records of the abbey. His zeal in
the cause led him far beyond the annals of the single house which
enthralled him. The history of the whole Cistercian Order
became a speciality to him, and he was probably better acquain-
ted with its literature and fortunes than any other scholar in
Europe. No one who reads the two volumes of the " Memorials
of Fountains " can fail to be struck with the varied information
contained in the annotations. These were written for the first
time on the margins of the slips which came to him from his
printer. His old friend, Mr. Harrison, of Ripon, one of the
worthiest and most genial of men, had the charge of the typo-
graphy, and so fond was he of the theme, that he set with his
own hands the greater part of the type of the first volume. The
author and the printer bore each other a great love, and were
within a few hundred yards of each other when the work was
going through the press.

Mr. Walbran laboured under certain drawbacks. He never
received a careful classical education, and to a comparatively
late period of his life had very little acquaintance with original
evidences. His professional career at Ripon did not allow him
to be long absent from home, and his knowledge of antiquity
was derived chiefly by making himself acquainted with the
labours of others. To the end of his life he had very little
personal knowledge of those vast stores of historical and eccle-
siastical information contained in the Registry at York. It
was to London and Oxford that he flew in the last years of his
life, and the mere sight of his extracts is enough to shew the vast
range of his reading. At the Record Office he was probably
better acquainted with the various Catalogues and Deputy-

PREFACE.

keeper's Reports than any Officer within the walls. I have heard
amusing stories of the way in which, at times when he was
annoyed at something, he would somewhat maliciously perplex
a bewildered official by asking for a document, the repository of
which he was himself in the end obliged to point out. At Oxford
he turned over every page of Dodsworth's writings. He
had scarcely time to systematize the vast stores of knowledge
which he had acquired. If his life had been spared for a few
more years he would have taken a far higher place among the
historical students of the country.

ai It is fitting that the members of the Surtees Society should
know that the whole cost of the present volume, and of the
illustrations in both, is an offering from a munificent Vice-
President, Mr. Akroyd, of Halifax, in whom Mr. Walbran in his
weakness found a firm friend. The same generous patron of
literature and art has purchased the historian's MSS., and has
deposited them in the library of the Dean and Chapter of York,
that they may be ready for use and reference when any one is
found worthy to take up the prophet's mantle. The materials for
the completion of the Memorials of Fountains Abbey are among

them.

J. R.

SEAL OF WILLIAM IKGILBY.

TABLE OF CONTENTS.

PAGE

I. Royal Charters relating to Franchises and Privileges 1 62
II. Papal Privileges, &c 6380

III. Appendix :

I. A letter from G. Bishop of Whitherne,
to W., Bishop of Durham, about ordaining

certain monks of Fountains 81

II. The Foundation Charter, by Archbishop
Chicheley, of the Cistercian College of St.

Mary and St. Bernard, Oxford 81 5

III. Carmen Rythmicum in laudem Cistercii 85 6

IV. A note of the Records of Fountains Abbey, and

their present places of deposit 86 107

V. Observations on the necessity of clearing out the

Conventual Church of Fountains 107 113

VI. On the excavations now in progress at Fountains
Abbey (1851), with some remarks on the early
history of the monastery 114 144

VII. On the excavations now in progress at Fountains'

Abbey (1854) . 145158

VIII. On the recent excavations at Sawley Abbey, in

Yorkshire 159177

IX. On Kirkham Priory 177193

X. Observations on the history and structure of the

Abbey of the Blessed Mary of Byland 184210

XI. A Genealogical and Biographical memoir of the
Lords of Studley in Yorkshire (with the Descent
of the Abbey of Fountains to the present time) 211 344

"5 \

SEALS FROM THE FOUNTAINS DEEDS.

SE\LS FROM THE FOUNTAINS DEEDS.

SEALS FROM THE FOUNTAINS DEEDS.

[SEAL OF THE COURT OF THE LIBERTY OF FOUNTAINS.]

PART III.

DOCUMENTS AND EECORDS RELATING TO THE
FRANCHISES AND PRIVILEGES OF FOUNTAINS
ABBEY. 1

I. CONFIRMATIO REGIS STEPHANI, DE SUTTON, HERELHOWE,
CAYTON, CUM LIBERTATIBUS. 2

S[TEPHANUS], rex Anglias, archiepiscopis, episcopis, abbati-
bus, comitibus, justiciariis, vicecomitibus, baronibus, et omnibus
fidelibus suis, Francis et Anglis, totius Angliae, salutem. Sci-
atis me concessisse Deo et ecclesise sanctae Marias, et abbati et

(1 ) With few exceptions, these Documents and Records are taken from a Register of the
Privileges granted to the Monastery by many Kings and Popes, including, also, a series of Papal
Bulls granted to the Cistercian Order, from the year 1100 to the year 1490. It was written not
long after the latter period, and is now preserved in the library of University College, Oxford.
In the present imprint, the original arrangement of the instruments has not been strictly pre-
served, since, in many instances, they do not follow in chronological order. Probably, the Papal
Bulls relating to Fountains were purposely destroyed at the dissolution of the abbey, as no subse-
quent trace of any one of them has been discovered, with the singular exception of the leaden
seal, appended to one of Pope Innocent III., which was found in some rubbish outside the abbot's
house, when the site was excavated a few years ago. In the schedule of " percelles of evidence,"
delivered to Sir Richard Gresham, the first grantee of the Abbey and many of its estates, by the
King's Receiver, the Royal Charters of Privileges, also, were not included, except the first Char-
ter of King Stephen ; though those granted by Henry VI. and Edward IV. are now deposited in
the muniment room at Studley Royal.

(2) An abstract of this charter occurs in the Coucher-book of Fountains, compiled towards
the latter end of the fourteenth century. It reads " Turstinus " for " Thuretinus" " Herleshow "
for "Hereleshow" and "Cheitunis" for "Caytunis."

monachis de Fontibus, qui sunt de Ordine Cisterciensi, pro Dei
amore, et salute animse mese, et parentum meorum, et pro statu
regni mei, duas carucatas terrae in Sutuna, quas Thurstinus,
archiepiscopus Eboracensis, eis dedit et concessit in elemosinam
perpetuam, cum omnibus rebus eidem terras pertinentibus, in
bosco, et piano, et pratis, et pascuis, et aquis. Et partem bosci
de Hereleshow, per divisas et metas quas prsedictus archiepis-
copus eis fecit et statuit, in terra et in bosco; et sicut ipse eas
eis, per cartam suam, confirmavit; et quae recte pertinent prae-
dictis terns. Et, praeter hsec, concede eis duas carucatas terrae,
in duabus Caytunis, quas Eustachius filius Johannis eis dedit
et concessit, cum omnibus rebus eidem terrae pertinentibus, in
bosco, et piano, et pratis, et pasturis, et aquis, per divisas et
metas quas Eustachius filius Johannis eis fecit et statuit, et quse
juste pertinent eisdem terris, et sicut Eustachius eas eis per
cartas suas confirmavit. Quare volo et firmiter praecipio quod
bene, et in pace, et libere, et quiete, teneant de omnibus auxiliis,
et geldis, et danegeldis, et assissis, et placitis, et omnibus occa-
sionibus, et qoaerelis, et scutagiis, et omnibus consuetudinibus,
et omni terreno servitio quod milii vel archiepiscopo Eboracensi,
vel Eustachio, vel successoribus meis, vel eorum unquam pertineat,
nunc et usque in sempiternum. [Ea] omnia eis, quieta et soluta
clamo, et regia auctoritate, et a Deo collata mihi potestate, illi
ecclesia? imperpetuum obtinenda confirmo, et illibate perma-
nenda statuo et corroboro. Testibus T[urstino] archiepiscopo, et
A[lexandro] episcopo Lincolniensi, et Audoeno, episcopo Ebroi-
censi, et Johanne, episcopo Sagiensi, et Adel[ulfo] episcopo 1
Carliolensi, et R|_ogerio], 2 cancellario : apud Eboracum anno in-
carnationis Dominicae M-C.XXXV O> ; Et anno regni mei primo.

Fol 1.

II. IDEM CONFIRMAT DONATIONEM T[uRSTINl] ET H[ENRICl]
EPISCOPORUM, ET ALANI, COMITIS BRITANNLE.

S[tephanus], rex Angl., archiepiscopis, episcopis, justiciariis,
vicecomitibus, baronibus, ministris, et omnibus fidelibus suis
totius Angliaa, salutem. Sciatis me concessisse Deo et ecclesiaa

(1 ) He is called " Athelulf ' Carlol. Episcopo," in the charter of King Stephen " De liberta-
tibus Eccles. Angl." (Stat. of the Realm, vol. i.); " Adelulphus, Kardulife Episc." (Chron. W.
Thorn., X Script., col. 1803); " Adeiwoldus," (Act. Pont. Ebor., Ibid. col. 1717) ; "Arnulphus,"
(Chron. Joh. Brompton, Ibid. col. 1020) ; " Adthelwlftis," (Gesta Steph. Reg., Priory of ffexham,
Xttrt. Soc., vol i. p. 98) ; " Aldulfus," (Chron. Jo. Hu'just., Ibid. p. 115) ; " Addulfus." Ibid. p. 158.

(2) R;/m. Feed., torn. i. pt. i. p. 16.

OF FOUNTAINS ABBEY. 3

de Fontibus et monachis ibidem servientibus, donationem illam
quam Thurstinus, archiepiscopus Eboracensis, eis fecit, et quam
Henricus archiepiscopus, successor ejus, eis fecit et carta sua
confirmavit, et quam comes Alarms de Britannia, et alii barones
et fideles regni mei, eis fecerunt, de terris et aliis tenuris. Quare
volo et firmiter prsecipio quod praadicta ecclesia et monachi, terras
et tenuras illas, bene et in pace, libere et quiete et honorifice,
teneant et habeant, in bosco et piano, in pratis et pasturis, in
aquis et stagnis, et in omnibus rebus et locis et pertinentiis
earum, cum omnibus libertatibus et liberis consuetudinibus eis-
dem tenuris pertinentibus, ita liberas et quietas ab omni saeculari
servitio et exactione, sicut praedicti domini eas illis dederunt et
concesserunt, et cartis suis confirmaverunt. Testibus, Comite
[Eustachio,] l filio Regis, et Roberto de Ver, et W. Marc', 2 et
Ricardo de Lucy, apud Gipeswic. Fol. 1.

III. CARTA REGIS HENRICI SECUNDI DE THELONEO.

H[enricus] , rex Angl. et dux Normanniae et Aquitanise, et comes
Andegavise, justiciariis, vicecomitibus et omnibus ministris suis
totius Angl 193 et Normanniae, et nominatim portuum maris, salu-
tem. Prajcipio 3 quod equi et homines et omnes res abbatiaa de
Fontibus, et monachorum ibidem Deo servientium, sint quieti de
theloneo et passagio, pontagio, et omni consuetudine, quocum-
que venerint. Et prohibeo ne quis eos super hoc disturbet, super
decem librarum forisfacturam. Testibus, T[heobaldo] archiepis-
copo Cantuariensi, H[ugone] episcopo Dunelmensi, R[oberto]
episcopo Lincolniensi, Phil[ippo] episcopo Baioc[ensi], Er-

(1) This Christian name is supplied from an Inspeximus of this charter by King Edward II.,
A.D. 1312, where the witness is called "Coin. E. fll. Regis." This Eustace, Earl of Boulogne,
second son of King Stephen, died in the year 1152 (Diceto, X Script., col. 527) aged eighteen years.
Sandford's Geneal. Hist., p. 48.

(2) The surname of this witness appears also in the contracted form of Marc' in the Inspex-
imus of Edward II. just mentioned. I apprehend, however, that the person intended was William
Martel, who, together with Robert de Vere, witnessed a charter of King Stephen, at York, and
other charters of that monarch. Mon. Angl., vol. iii. p. 159. He appears also with Richard do
Lucy as witness to a charter of Hugh abbot of Colchester, granted " instancia Reginge Matildas,
gratia filiae sure Mariae, Deo sacratae ; volentibus et conflrmantibus illud, Rcge Stephano, et filio
suo comite Eustachio." Ibid., vol. ii. p. 885. He probably was in frequent attendance on King
Stephen, and the same person who, along with Albreda his wife and Geoffry their son and heir,
founded the Priory of Snapes, in Essex, in the year 1155. Ibid., vol. iii. p. 894.

(:!) King Henry II. when at Laon, granted to the abbey of Clairvaux, by a charter which
still exists, "quod omnes res monasterij Clarevallis, quas emerint vel vendiderint, vel ad opus
suum deportare fecerint, sint quiete de theloneo et passagio et pontagio et omni consuetudine per
totam terram meam, tarn per terrain, quam per aquam, quas servientes sui assecurare potuerint
suas esse propriaa. Archives historigues de V Aube, ed. per Vallet de Viriville, p. 247.

4 MEMORIALS, ETC.

[nulfo], episcopo Lexov[iensi], T[homa], cancellario, Comite
Reginaldo, apud Eboracum. 1 Fol. 10.

ALDEBURGH, DACRE, CAYTON, ET KYLNESAY,
CUM LIBERTATIBUS SUIS.

H[enricus], rex Angl. ? et dux Normannise et Aquitanise, et
comes Andegaviae, archiepiscopis, episcopis, abbatibus, comitibus,
justiciariis, baronibus, vicecomitibus, ministris, et omnibus fide-
libus suis, Francis et Anglis, totius Angliae, salutem. Sciatis
me concessisse et confirmasse Deo et abbatise sanctae Mariae de
Fontibus, et monachis Cisterciensis ordinis ibidem Deo servienti-
bus, pro salute animae meae, et uxoris meae, et filiorum meorum,
et pro anima patris mei, et avi mei, regis Henrici, et omnium pre-
decessorum meorum, donationem illam quam Thurstinus, Ebora-

(1) This charter appears to have been granted in or before February 1155, when the King
left York, and soon after proceeded to the siege of Bridgnorth castle, in Shropshire. Chron. Oer-
vasii, X Script., col. 1377. It was on this visit to the north that he regained, from William Earl
of Albemarle, the castle of Scarborough, which he ordered to be strengthened by the erection of a
great and goodly keep. Chron. Jo. Brompton, X Script., col. 1046. At that time, all the witnesses
to this charter were in possession of their respective sees and honors mentioned in the attestation
clause. Le Neve's Fasti, pp. 4, 347, 138 ; Gallia Christ., vol. x. col. 774; Ibid., vol. xi. col. 361;
Chron. Gerv., X Script., col. 1377. Earl Reginald was, no doubt, the Earl of Cornwall, and ille-
gitimate son of King Henry I., who died in 1175. R. de Diceto, X Script., col. 586.

Immunity from toll, in fairs and markets, is still enjoyed by a few of the tenants of lands
which formerly belonged to Fountains, being also suitors of the Court Leet of " the late dissolved
monastery." This is allowed on the production of a document, called " a Fountains charter,"
under the seal of the Court, of which an engraving will be found at page 1 of this volume. The
earliest certificate of the kind which I have seen is copied below. The charter which it mentions
as one of King Henry I. is the document now under consideration ; the mistake, as to the reign,
having probably arisen from a recital of it, as such, in the Letters Patent of Confirmation,
granted by King James I. to Sir Stephen Procter, once owner of the abbey and many of its

"Liberty of the late dissolved monastery of Fountftnce, in the county of YorJce.

To all Christian people to whome these presents shall come, I, Benjamin Norcliffe, Esq.,
Steward of the said Liberty, send greeting. Whereas tyme out of memory of man, and by con-
firmacion thereof by several! charters and grants of King Henry the 1st, Henry the 2nd, Richard
the first, Edward the 1st, Edward the 4th, and the late King James of blessed memory, under
their greate seales of England, made to the Abbey and monastery of Fountance aforesaid, the
men and inhabitants of and within the said Liberty are, and ought to bee, exempt from paying
any manner of tolls in any place within England and Wales, as by the records of the said late
dissolved Monastery & Abbey remaining within me may att large appear ; These are, therefore,
to certifye all whome it may concerne that Ainderbie in the county of Yorke is of and within the
Liberty, and that Thomas Fall, of Ainderbie aforesaid, is within the said Liberty, by vertue of
the said prescription and of the said severall grants, is and ought to be free and exempt from pay-
ing of any tolls in any place throughout England and Walles. In testimony whereof, I, the said
Benjamin Norcliffe, have caused the seale (sic) to bee hereunto put, the 5th day of May, in the
xxist yeare of the raigne of our soverigne lord King Charles the second that now is, Annoque
Domini 1669.

(Seal of the Court, pendant.) BEN. NORCLIFFE.

OF FOUNTAINS ABBEY. 5

censis archiepiscopus, fecit eis de Suttuna, scilicet, duas carucatas
terras. Ex dono Roberti de Essartis et Raghen' uxoris ejus, totam
terram de Herleshow, scilicet, tres carucatas terras, in bosco et
piano, assensu et confirmatione Henrici, Eboracensis archiepiscopi.
Ex dono Alani comitis de Richemundia, grangiam de Couton more.
Ex dono Rogeri de Moubray, grangiam de Aldeburgh et quan-
dam partem terrae nemorosae jnxta Suttunam, ex dono ejusdem
et uxoris ejus. Et donationem illam quam idem Rogerus et
uxor ejus fecerunt eis, scilicet, ut habeant omnia necessaria sua
in foresta de Niderdale. Et grangiam de Dacra cum pertinen-
tiis suis. Ex dono Eustachii filii Johannis et Sarlonis de Burgo,
duas carucas terras in Caytona. Ex dono Willielmi filii Dune-
cani et Aeliz uxoris ejus, duas carucatas terrae et dimidiam in
Kylnesay. Quare volo et firmiter praecipio quod praedicta ecclesia
teneat omnes praedictas terras, et caeteras omnes quae ab aliis homi-
nibus eidem ecclesiae rationabiliter collatae sunt; ita bene et in
pace, et honorifice, et libere, et quiete, sicut cartae donatorum
testantur, in bosco, et piano, in pratis, et pascuis, in essartis, in
aquis, et stagnis, in viis, et semitis, et in omnibus locis, cum soca
et saca, et toll, et theam, et infangentheof, et cum aliis omnibus
libertatibus et liberis consuetudinibus suis, et quietanciis de sciris
et hundredis, et themanetale, et geld, et dangeld, et placitis, et
quaerelis, et assisis, et scutagiis, et auxiliis, et omnibus occasioni-
bus, et omni terreno servitio, et saeculari exactione. Testibus,
Theobaldo, Cautuariensi archiepiscopo ; Rogero, Eboracensi
archiepiscopo ; Thoma, cancellario ; Reginaldo, comite Cornub ;
Roberto, comite Legrecestriae ; Comite Patricio; Eustachio
filio Johannis; H[enri<*>] l de Essex, constabulario ; Ricardo de
Hum[et,] 2 constabulario; apud Brugiam, in obsidione. 3 Fol. 1.

V. BKEVE EJUSDEM REGIS DIRECTUM MINISTRIS SUIS, SUPER
CARTA PR^EDICTA.

H[enricus], rex AngL, <fec. (ut supra proximo) justiciariis,
vicecomitibus, et ministris suis de Eboracscira, salutem. Sciatis

(1) Probably the same Henry de Essex whose imprudence in dropping the King's standard,
which he bore in a battle with the Welsh in 1157, ultimately led to the confiscation of his large
estates, and his retirement to the abbey of Beading. Matt. Paris, p. 99 ; Brompton, X Script., col.
1048; Chron. Oerv., Ibid., col. 1380.

(2) "Ricardus de Humet, constabularius Henrici regis Angliee," A.D. 1170. Mon. AngL,
vol ii. p. 880. He witnessed many of the charters of King Henry II.

(3) This passage, while it discloses the date of the charter, is of greater importance in being,
probably, the only record of the presence of several eminent persons who accompanied King

me concessisse et confirmasse abbatiae sanctae Mariaa de Fontibus,
omnes possessiones et omnes res suas quas juste tenent, cum soca,
et saca, et toll, et theam, et infangentheof, et cum omnibus aliis
libertatibus, et liberis consuetudinibus. Quare volo, et firmiter
praecipio, ut praedicta abbatia, et monachi ejusdem ecclesiaa de
Fontibus, sint quieti et liberi de themanetale, et de danegildis et
auxiliis, et sciris, et hundredis, et assisis, et omnibus pseculari-
bus placitis, et omni alia sasculari exactione. Et prohibeo ne quis
eis injuriam vel contumeliam faciat, sed teneant omnia sua bene,
et in pace, et libere, et quiete, sicut carta mea eis testatur. Teste,
comite Reginaldo, apud Burg[iam]. li>.

VI. CARTA REGIS HENRICI SECUNDI, DE THELONIO. [Ex Rotul.

Chart., 5 Edw. II. , 11. 21, per Inspex.]

H[enricus], rex Angl., et dux "Normanniae et Aquitaniae, et
comes Andegaviae, justiciariis, vicecomitibus, et omnibus minis-
tris suis totius Angliae, et nominatim de Eboracscira, salutem.
Praecipio quod homines et equi et omnes res abbathiae de Fonti-
bus, et monachorum ibidem Deo servientium, sint quieti de
theolonio, et passagio et pontagio, et omni alia consuetudine, quo-
cumque venerint, et nominatim ad pontem de Burgo, tarn per
aquam tarn per terrain. Et nullus eos injuste vexet, nee dis-
turbet, super decem librarum forisfacturam. Testibus, Henrico
filio camerarii, et Ricardo de Canvilla; apud Blauncmon' in
Walliis. 1

Henry II. to the siege of Bridgnorth castle, in Shropshire, in the year 1155. It was occasioned by
the refusal of Hugh de Mortimer to surrender that fortress, when Henry II. resumed possession
of many of the estates of the crown which had been granted, by his predecessor, to several per-
sons of distinction. Ymag. Hist. R. de Diceto, X Script., col. 531 ; Chron. Jo. Brompton, Ibid., col.
1046.

(1) Although there is no internal evidence which enables us to ascertain, with certainty, the
regnal year in which this charter was granted, I am somewhat inclined to believe that, since the
King was then in "Wales, it may have been procured soon after those which were granted when he
was at York and Bridgnorth, in 1155 ; and in the year 11 57, when he was engaged in an expedition
against the Welsh. Chron. Gerv., X Script., col. 1380. It will be observed that it confers no pri-
vileges not previously conveyed by those instruments ; and, therefore, its declaratory character,
with reference to exemption from toll taken at the bridge of Aldborough, now called Borough-
bridge, on the river lire, coupled with the speciality of its direction to the Sheriff and other
King's ministers in Yorkshire, lead me to suppose that the monks may have experienced some
opposition, at that place, to their former grants, which the present charter or writ was intended to
remove. I may perhaps venture a step further. The charter by which King Henry II. first
granted the general immunity from toll, at York, in 1155, and from which the present document
appears in a great measure to have been copied, was witnessed by Eustace Pitz John, then lord
of Aldborough, a manor which was ancient demesne, and also particularly franchised, from its in-
clusion within the Honor or Liberty of Knaresborough. Now, this Eustace was slain in the
Welsh campaign of 1157 (Dug. Bar., vol. i. p. 90), and it is not improbable that the seizure of his

OF FOUNTAINS ABBEY.

VII. IDEM DE MALLUM, MALWATRE, ARNECLIFF, ET DE QUIS-
DAM ALIIS.

H[enricus], Dei gratia, rex Angliae, et dux Normanniaa, et
Aquitaniae, et comes Andegavias, archiepiscopis, episcopis,
abbatibus, comitibus, baronibus, justiciariis, vicecomitibus, mi-
nistris, et omnibus fidelibus suis, Francis et Anglis, totius Anglic,
salutem. Sciatis me concessisse, et praesenti carta confirm asse,
Deo, et abbatise sanctae Maria3 de Fontibus, et monachis ibidem
Deo servientibus, donationes quas subscripti eis rationabiliter
fecerunt, in puram et perpetuam elemosinam, sicut cartae eorum
testantur. Ex dono Willielmi Percy, totam pasturam de maro
de Malhom, sicut rivus vadit sursum usque ad viam de Malhom,
et postea totam viam deorsum usque ad Dernebroke; et deinde
Uden deorsum usque ad Erneclifum, et totam pasturam quam idem
Willielmus habuit, ex ilia parte, versus rupes. Et donationem
quam Turstanus de Arches, concessione et assensu ipsius Willi-
elmi, fecit eis de terra de Erneclif, secundum quod cartae eorum
testantur. Concedo etiam eis et confirmo donationem ejusdem

property soon after into the hands of the crown (Mon. AngL, vol. ii. p. 819), a change of manorial
officers, or some circumstance connected with these events, may have occasioned the opposition
which I have supposed.

A little colour, too, may perhaps be added to this conjecture by the fact that the only Inspex-
imus or Confirmation of this charter which the monks ever obtained, Avas granted in the year 1311-,
just after Piers Gavestone had regained the Honor of Knaresborough, and disputes possibly may
have arisen with his officers, similar to those which may have occasioned the grant which was
inspected. Be this as it may, since neither the one nor the other are entered in the Register of
the Privileges of Fountains, it may at all events be inferred that they were both obtained for a
special and temporary purpose. It may be observed also that, An the same day on which the
monks obtained this Inspeximus, they procured from the King, who was then at York, another
charter of confirmation of some select estates, among which was included the privilege, conferred
by Edmund Earl of Cornwall, Lord of the Honor of Knaresborough, of free passage in the rivers
Ure and Ouse, between Boroughbridge and the City of York, without paying toll, pontage, or

The names of the witnesses will not assist us in arriving at the date of this document. For
Eichard de Camville ancestor to the Barons Camville of Clifton, in Staffordshire after found-
ing the Cistercian Abbey of Combe in Warwickshire, lived through the reign of Henry II., many
of whose charters he witnessed, and died in 1191, at the siege of Acre. Mon. AngL, vol. i. p. 882 ;
Ibid., vol. i. pp. 424, 429, 514, vol. ii. pp. 302, 954, 978 ; Chron. Jo. Brompton, X Script., col. 1203.
As to the other witness Henry son of the Chamberlain whom I presume to have been son of
Gerold the King's chamberlain, it appears from the Pipe Roll that he also survived King Henry
II. (Henricus fil. Geroldi Camerarii debetxxvj7. ixs. vd. de scutagio exercitus Walliee). Rot. Pip.,
2 Ricardi I., Essex et Hartford. He had a son, " Warinus fil. Henrici fil. Geroldi Camerar.," liv-
>n 1199 (Rot. Pip., 10 Ric. I., Wiltescir), who succeeded to the office of Chamberlain, and married
Alice de Curci, Lady of Harewood in Yorkshire. "Warinus fil. Henrici filij Geroldi, Camerarius
domini Regis dedi, &c. Deo et S. Mariae de Sibbeton, &c. Test., Alicia de Curci, uxore mea,"
&c. Seal ; on a shield, two lions passant guardant : SJGILL. GARINI FILII GEROLDI. Dods. MSS.
in Bibl. JBodl., Oxon., vol. Ixviii. f. 7.

Willielmi quam eis fecit de Mallewatre, 1 et piscaria ejusdem aquse,
et donationem dimidise carucatae terrae in Malhom, ex dono Ulf
filii Boschilli, secundum testimonium cartae ipsius Willielmi, et
sicut eadem donatio facta fuit et concessa, in praesentia Capituli
sancti Wilfridi de Bipona. Ex dono Aliz Carow, quae fuit uxor
Gaufridi Bothom', totam terrain suam in Eboraco, cum aedifi-
ciis et pomerio et omnibus adjacentiis suis, sicut earn ipsis dedit
et concessit, liberam et quietam de se et hasredibus suis, et sicut
carta sua confirmavit. Quare volo et firmiter praecipio quod ipsa
abbatia, et monachi in ea Deo servientes, omnia supradicta
habeant et teneant, bene et in pace, libere et quiete, integre et
plenarie et honorifice, sicut praedicti donatores ea ipsis rationabi-
liter dederunt, et cartis suis confirmaverunt. Testibus, H[ugone]
episcopo Dunelmensi; Johanne, decano Sarpsburiensi] ; Ricardo,
abbate de Mortuomari ; Willielmo filio Aldelini, dapifero ; Ban-
dulpho de Glanvilla, Beginaldo de Curtenay, Hugone de Creisse,
Thoma Bard[ulf] ; 2 apud Eboracum. 3 1 b.

vin. [CARTA REGIS RICARDI PRIMI, DE CONFIRMATIONE LOCORUM,

ET POSSESSIONUM NOSTRARUM, ET DE LIBERTATIBUS KOSTRIS.]

[Ex Rotul. Chart., 5 Edw. II., n. 21, per Inspex.]

Bicardus, Dei gratia rex Angliae, dux Normanniae, Aquitaniae,
et comes Andegaviae, archiepiscopis, episcopis, abbatibus, comi-
tibus, baronibus, justiciariis, vicecomitibus, ballivis, ministris, et
omnibus fidelibus suis, salutem. Sciatis nos, pro anima patris nos-
tri, et pro salute nostra, et matris nostrae, et fratris nostri Johannis,
et omnium antecessorum et successorum nostrorum, concessisse,
et hac carta nostra, confirrnasse Deo et ecclesiae sanctae Mariaa
de Fontibus, et monachis Ordinis Cisterciensis ibidem Deo ser-
vientibus, omnes concessiones et confirmationes, libertates et
liberas consuetudines, quas rex Henricus, pater noster, eis fecit
vel confirmavit, sicut in cartis ejus rationabilibus continetur.
Praeterea concedimus eis, et in perpetuam elemosinam confirm-
amus, omnia tenementa sua, cum omnibus aisiamentis et liberta-
tibus ad ea pertinentibus, per divisas suas plenarias; scilicet,

(1) From a side note, written before the Dissolution, it appears it was then called Mai-
water terne.

(2) Thomas Bardulf, witness to a charter of King Henry II. Man. AngL, vol. ii. p. 203.

(3) The date of this charter may be fixed between the 1st of September, 1174, when the pre-
decessor of Richard abbot of Mortimer died, and the 26th of November, 1175, when John de Oxen-
ford, Dean of Salisbury, was promoted to the Bishopric of Norwich. Oallia Chritt., vol. xxi. col.
309 ; R. de Diceto, X Script., col. 688.

OF FOUNTAINS ABBEY. 9

ipsam abbatiam de Fontibus et grangias suas, videlicet, Morker,
Button, Wartsale, Caiton cum Gollecroft, et cum terris suis de
Merkynton et de Merkingfeld. Item grangias de Aldeburg,
Birnebem, Dacram, et Burthweitli, et logias Beuerley, scilicet,
Popelton, Sixford, Dalhagham, Bramlei cum Notewhit. Item
Galhagam cum terris suis de Laverton et de Kirkaby et de
Brathweit, et totum escambium bosci et pasturse quse amiserunt
el Su de Dakra, 1 per divisas suas plenarias, cum libertate fer-
arum forestee suae de Birnebem, et quicquid habent de feodo
Rogeri de Moubray, vel Willielmi de Perceio, seu quorumlibet
aliorum, per eorum donationem, vel venditionem, vel confirmati-
onem, sicut in eorum cartis rationabilibus continetur. Grangiam
etiam de Marton cum Caldwella, Balderby, Kirkabiswich, 2 Ham-
erton, Cuton, Buscabi, Kilnesei, Bordlei cum Malgemora et
Malgewater, cum terris suis et pasturis de Malgum, et de Heton,
et de Haukeswhit, et de Arneclif, et de Ketelwella, et de Con-
yestona, sicut rationabilis carta Herberti de Conyestona pur-
portat, et praeterea, pasturam ad quadraginta equas cum nutri-
mento trium annorum in Langestrod, ex dono Matilda comitissae
de Warevvyk, et quicquid habent in Langestrete de feodo Ag-
netis de Perci, sicut rationabilis carta, quam inde habent, testa-
tur. Et forgias suas de Bradlei cum terris et aisiamentis eis
rationabiliter acquisitis, et cum omnibus tenementis suis quas
habent de Asmunderby, et de Ingrithorp, et de Stodley, et de
Aldefeud, Salleia, Cluderum, Steinley, Hewych, Disford, Hoton,
Esebi, Neuby, Ainderby, Magneby, Dromundby, Parvo Buscby,
et de Norcouton et Greneberga, et de Midleton, et de Multon,
et quicquid praeter hasc alicubi habent, sicut cartas rationabiles,
vel scripta dominorum rationabilia, vel donatorum, vel vendi-
torum suorum testantur. Quare volumus et firmiter praecipimus
quod praedicti monachi hsec omnia praedicta, libere et quiete et
pacifice et integre et honorifice, habeant et teneant, in perpetuam
elemosinam, cum omnibus pertinentiis suis in bosco, et piano, in
pasturis, terris, et aquis, et in omnibus ubique locisj cum socho, et
sacha, et tholl, et theam, et infangenethef, et cum omnibus aliis
libertatibus, et quietanciis de assissis, comitatibus, tridingis, we-
peltagiis, (sic) danegeldis, pecunia qua3 ad raurdrum pertinet,
auxiliis, scutagiis, cartagiis, pontagiis, pedagiis, theoloniis, quae ad
nos pertinent, et opere castellorum et fossatorum, stallagiis, et om-

(1) An expression taken from a charter of Roger de Mowbray dated in 1176, whereby he
granted Dalagh to Fountains, in recompence of lands which they had lost "el suth de Dacra."
Coucher Book, fol. 53b.

(2) Kirkby-Wiske in Bichmondshire.

10 MEMOKIALS, ETC.

nibus tallagiis, placitis, et quaerelis. Et praecipimus, super foris-
facturam nostram, ne quis, super hiis, aut super ulla re, quae a
nobis vel antecessoribus nostris ea concessa fuerit, ipsos inquie-
tare, vel quamcumque molestiam eis inferre, praasumat, quia tarn
ipsos quam quse eorum sunt, in manu nostra, sicut propria et
dominica, retinemus. Nee portare possumus, si quis eos vel sua
vexare, seu quocumque modo minuere, aut libertates eorumdem
interdicere vel impedire praBsumpserit. Testibus, B[aldwino]
Cantuariensi archiepiscopo ; Waltero, Rothomagensi archiepis-
copo; H[ugone] Dunelmensi, H[enrico] Baiocensi, J[ohanne]
Ebroicensi, G[ilberto] Roffensi, episcopis ; Comite Johanne,
Willielmo de Maundevill, comite Essexise ; Ranulfo de Glan-
vill, justiciario Angliae; R[oberto], comite LeicestriaB ; David,
fratre regis Scotiaa ; G. de Lucy ; Huberto, decano Ebor. ; P.
de Ros, Adam de Bruis, R. de Aubign', Gaufriclo Hag[et],
R. de Withfeld, W. de Corey. Data per manum W[illielmi]
de Longo Campo, cancellarii nostri, primo anno regni nostri,
xvii. die Septembris, apud Gaidington. 1

Is erat tenor cartse nostrae, in primo sigillo nostro. Quod quia
aliquando perditum fuit, et dum capti essemus in Alemannia, in
aliena potestate constitutum, mutatum est. 2 Hujus autem inno-
vationis testes sunt hii. H[uberto], Cantuariensi arcliiepiscopo;
H[enrico], Cantuariensi archidiacono; magistro Maugero, Ebroi-
ensi arcliidiacono ; Willielmo de Stagno, Roberto de Harecurt.
Data apud Rupem Andeliaci, per manum magistri Roscel, tune
-agentis vicem cancellarii, nono die Novembris, anno decimo regni
nostri.

(1) The seal, at length, having been fractured, an exemplification of the document was
obtained from King Edward I.

(2) King Richard was taken prisoner near Vienna, 20th Deer. 1192, and was released Feby.
2nd, 1194. Ymag. Hist. R. de Diceto, X Script., col. 668, 672. Howden says (p. 746) that the great
seal was lost during his absence from England, and after his return, by way of replenishing his
exhausted exchequer, he obliged those who held charters sealed with it to have them renewed un-
der the new seal. The King's captivity imposed a great burthen on Fountains ; for they not only
obtained no doubt by a heavy fine a fuller and more comprehensive charter, on the same day
when the old one was resealed, but also must have been deprived of the value of one year's wool
which the Cistercian monks and Gilbertine canons subscribed towards his ransom. Diceto, X
Script., col. 670.

The whole Cistercian Order, however, was bound in gratitude to the King ; for in the first
year of his reign, wishing, as Diceto says, " to consecrate the beginning of his elevation " to the
Lord, he gave, for the use of its members congregating from different countries at the Chapter
Oeneral, the annual sum of 100 marks. X Script., col. 648. Subsequently, and probably in lieu
of this pension, he granted to the abbot of Citeaux the church of Scarborough, in Yorkshire, with
its chapels, for the maintenance, during three days, of the abbots attending the Chapter General
of the Order. The charters by which the church was conveyed and discharged from the jurisdic-
tion of the Archdeacon of Cleveland, and the Papal Bulls confirming the transaction, are recorded
in the second part of the Register of the Privileges of Fountains, containing those relating to
the Order in general. They have been printed in the " Privilegia Ordinis Cisterciensis, Divione,

OF FOUNTAINS ABBEY. 11

IX. CARTA REGIS RICHARDI PRIMI DE THELONEO.

Richardus, Dei gratia, rex Angl., dux Normanniae, Aqui-
taniae, comes Andegaviae, archiepiscopis, episcopis, abbatibus,

1491," and in the "Regula, Constitutiones et Privilegia" of Henriquez, in the year 1630; but,
since the existence of the former work was once doubted, and the latter is so very rare that it is
not mentioned even by Le Long, in his Bibliotheque de la France, torn, i., pp. 801-815, when treat-
ing of works relating to the Order, I think they will find an appropriate place in this collection,
especially since they are also important records in Yorkshire topography.

" DC-MINUS RICARDUS, REX ANGLIC, MULTA DEVOTIOKE AD SANCTUM ORDINEM AFFEC-
TUS, DEBIT ClSTERCIO ECCLESIAM PARROCHIALEM DE SCARDEBORG, CUM OMNIBUS CAPELLIS,
PERTINENTIIS, LIBERTATIBUS, LIBERIS CONSUETUDINIBUS, TERRIS, DOMIBUS, ET DECIMA-
TIONIP.US, IN TERRA ET IN MARI, SCILICET, IN PISCATIONIBUS, ET MERCANTIIS, CUM POTES-
TATi; IXSTITl.-KNDI VlCARIUM, NICHIL SIBI AUT SUCCESSORIBUS SUIS RETINENS, CUM MULTI8
COXniTIOXir.rs, MAGIS IN SPECIALI IN TEXTU DECLARATIS, AD PROCURANDUM ABBATES
APUD ClSTERCIUM, PER TRES DIES CAPITULI GENERALIS. ET SI ALIQUID SUPEREST USI-
BUS ClSTERCII DEBET APPLICARI."

" Richardus, Dei gratia, rex Anglias, dux Normannije, Aquitaniae, et comes Andegaviae, archie-
piscopis, episcopis, abbatibus, comitibus, baronibus, justiciariis, vice comitibus, et omnibus minis-
tris et fidelibus suis Francis et Anglis, salutem. Sciatis vos dedisse, et prassenti carta nostra
confirmasse, Deo et ecclesiae sancta3 Marias Cistercii, in puram et perpetuam elemosinam, pro
anima regis Henrici patris nostri, et pro salute animae nostras et matris nostras, et omnium ante-
cessorum et successorum nostrorum, ecclesiam nostram de Scardeburc, cum omnibus capellis et
cum omnibus aliis pertinentiis suis, de qua elemosina volumus abbates procurari apud Cistercium,
per tres dies Capituli generalis. Si quid vero, ultra triduanam procurationem Cisterciensis Capituli
generalis, de omnibus proventibus jam dicta? elemosinas nostrae residuum fuerit, in propriis usibus
domus Cistercii, sicut abbati et fratribus ejusdem domus visum fuerit, statuimus expendi ; quam
elemosinam ipsam ab eadem domo Cistercii nullatenus volumus imposterum alienari. Quare vol-
umus et firmiter praecipimus quod praedicta abbatia Cisterciensis percipiat, teneat et habeat,
imperpetuum, libere et honorifice, integre et plenarie, quiete, et sine omni molestia, et contradic-
tione, et diminutione, prffinominatam ecclesiam de Scardeburg, cum omnibus capellis, tarn ilia quaa
ab antiquo in castello est, quam caeteris tarn intra muros villae quam extra. Et cum omnibus aliis
pertinentiis suis, et cum omnibus libertatibus et liberis consuetudinibus suis, et cum omnibus
terris suis, domibus, et decimationibus terras et maris ; et ne aliquando occasione vicariae ecclesiae
de Scardeburg aliqua contentio vel contradictio adversus ecclesiam Cistercii suboriri possit, jus
instituendi vicarium et quicquid juris habebamus in vicaria et quicquid circa hoc retinueramus
nobis, integre domui Cistercii donamus, nichil penitus de omnibus retinentes. Sed et omnibus
successoribus nostris, et aliis quibuscumque personis, factum nostrum perturbandi vel elemosinam
immutandi, occasionem omnimodam penitus amputantes. Abbas autem Cistercii, pro arbitrio et
voluntate sua, vicarium eligit et archiepiscopo praesentabit, qui vicarius, in praesentatione sua,
jurabit super sanctum evangelium quod in omnibus fidelis erit ecclesiae Cistercii et procuratari
ejus, ne unquam damnum vel detrimentum reddituum scienter sustinebit. Quod si in hoc deli-
querit, et tertio commonitus non emendaverit, ei vicaria auferatur. Hoc etiam adjiciendum de-
crevimus quod capellani, qui in ipsa ecclesia vel in capellis adjacentibus pro tempore deservierint,
ecclesiae Cistercii eodem juramento fidelitatis astringantur, et pro voluntate abbatis Cistercii, vel
procuratoris ejus, admittantur vel amoveantur. Volnmus praeterea et praecipimus quod procu-
rator Cistercii, dum ecclesia carebit vicario, serviri faciet ecclesiae de Scardeburg et redditus
omnes recipiat, ad usus domus Cistercii et procurations capituli Cisterciensis, donee abbas Cis-
tercii alium vicarium eligat, Eboracensi archiepiscopo, sicut praedictum est, praeseiitenduni. Et
ut haec omnia imperpetuum quiete et pacifice et sine omni qusestu et exactione, prasnominata
domus Cistercii possideat, firmiter prohibemus ne aliqua persona, seu ssecularis sive ecclesiastica,
praeter domum Cistercii, in tota parochia de Scardeburg capellam erigat, aut altare, aut aliud
illiquid faciat quod in damnum vel detrimentum domus Cistercii possit aliquando redundare,
euper forisfacturam decem librarum. His testibus, Gaufrido, Eboracensi archiepiscopo, Philippe,

comitibus, baronibus, justiciariis, vicecomitibus, ballivis, et omni-
bus ministris et fidelibus suis totius Anglise et Normannise, et
praepositis nundinarum et portuum maris, scilicet de Hampton,
et de Hastings, et de Dovra, et de Barbeflete, et de Cadamo, et

Dunelmenpi, Hferberto,] Saresbiriensi, cpiscopis, magistro Norm', thesanrario, magistro Eogero
de sancto Edmundo, Willielmo Marescallo, Joele de Macua, Gaufrido de Cella, Roberto de
Harecourt, Matheo de Gamach', Bricio, camerario nostro. Data per manum E[ustachii] Eliensis
episcopi, apud Lyons, (sic) xiiii. die Maii, anno regni nostri nono."

" Gfaufridus,] Eboracensis electus, omnibus Christi fidelibus qui prassens scriptum viderint,
salutem. Sciatis nos concessisse, imperpetuum, Deo et sancta? Maria? Cistercii, pro salute animse
nostrae et pro anima regis Henrici patris nostri, elemosinam quam dominus rex Richardus, frater
noster, fecit, de assensu nostro, de ecclesia de Scardeburgo cum omnibus pertinentiis suis, ad pro-
curationem abbatum Capituli Cistercii. Quam elemosinam plene et integre concedimus, sicut in
domini regis carta plenius continetur, et praesens scriptum sigilli nostri impressione communimus.
Quare volumus et firmiter praeciphnus quod abbatia Cistercii habeat, teneat, et percipiat libere,
integre, honorifice et quiete, et sine molestia et contradictione, pradictam ecclesiam de Scarde-
burgo cum omnibus capellis et pertinentiis suis, et cum omnibus libertatibus et liberis consuetu-
dinibus suis, secundum quod in carta regia continetur, nee super his omnibus diminutionem
aliquam sustineat vel gravamen. Prasterea, sciatis quod G[aufridus,] archidiaconus Chuel[andiae],
resignavit in manu nostra, et nos in manu abbatis Cistercii, quicquid juris clamabat in ecclesia?
praedictaa vicaria. Testibus, J[ohanne,] episcopo Casae Candida?, Magistro Sy', cancellario Ebor.
ecclesiae, G[aufrido,] archidiacono Chuelfandias], V. de sancto Quintino."

" Clemens episcopus, servus servorum Dei, dilectis filiis abbati et conventui Cistercii. salutem
et apostolicam benedictionem. Justis petentium desideriis, dignum est nos f aciliter praebere con-
Bensum, et vota quae a rationis tramite non discordant, effectu prosequente complere. Ea propter,
dilecti in Domino filii, vestris justis postulationibus grato concurrentes assensu, ecclesiam de
Scardeburg cum omnibus pertinentiis et libertatibus suis, sicut scripta auctentica Ricardi illus-
tris Anglorum regis inde facta testantur, qui vobis eandem ecclesiam pia largitione in perpetuam
elemosinam concessit, ad procurationem abbatum Capituli generalis, devotioni vestrae auctoritate
apostolica confirmamus, et praesentis scripti patrocinio communimus. Statuentes ut nulli omnino
hominum liceat hanc paginam nostrae confirmationis infringere vel ei ausu temerario contraire.
Si quis autem hoc attemptare praesumpserit, indignationem omnipotentis Dei et beatorum Petri
et Pauli apostolorum ejus, se noverit incursurum. Datum Laterani, v. Idus Februarij, pontifi-
catus nostri anno tertio."

" Celestinus episcopus, servus servorum Dei, dilectis filiis abbati et conventui Cisterciensi,
salutem et apostolicam benedictionem. Nostris petentium &c. ut supra. Ea propter, dilecti in
Domino filii, vestris justis postulationibus grato concurrentes assensu, ecclesiam de Scardebourg
cum omnibus pertinentiis suis et libertatibus, sicut auctentica scripta charissimi in Christo filii
nostri, Richardi illustris regis Anglorum, exinde facta testantur, qui vobis ad procurationem
abbatum Capituli generalis eandem ecclesiam pia largitione donavit, de voluntate et assensu vene-
rabilis fratris nostri, Gaufredi, Eboracensis archiepiscopi tune electi, sicut ejusdem auctenticum
scriptum testatur, et sicut in literis venerabilis fratris Johannis Anagniensis, Praenestini episcopi,
tune legati in Anglia, continetur, devotioni vestrae auctoritate apostolica confirmamus, et prae-
sentis scripti patrocinio communimus. Statuentes ut nulli, &c. Si quis, &c. Datum Laterani,
ii. kal. Octobris, pontificatus nostri anno secundo.

" Cujus donationis intuitu, patres Ordinis, omnem ingratitudinis maculam vitare cupientea,
eidem devotissimo regi, anniversarium solenne singulis annis, in quolibet Ordinis monasterio,
feria tertia post Octavas Paschae, celebrandum concesserunt ; prima collecta, Prcesta Dominus,
secunda, Fidelium Deus. Quam quidem ecclesiam dicta donatione, usque circiter ad annum
Domini M.CCC.LXXX., rexerunt monachi de Cistercio, illuc ab abbate suo transmissi, quorum
plures ibidem sepulti miraculis florere dicuntur, et ad eorum sepulcra populus devote recurrit.
Interim valde multi tractatus et literee super his fuerunt confectee, quae in Cistercio servantur,
singulisque annis ex fructibus dicta? ecclesise plura dona ad Cistercium mittebantur. Ingraves-
centibus autem bellis inter Franciam et Angliam, dicta ecclesia fuit de manibus Cisterciensium
sublata, quamquam dictis guerris nullam dedissent causam, et Prioratui de Bridlingtona, Ordinie
canonicorum beati Augustini, vicino, in custodiam commissa. Sed non obstantibus diligentiis
expensis magnis Cisterciensium, necdum recuperari potuit, licet inclitae memoriae dominus Ricar-

OF FOUNTAINS ABBEY. 13

de Estreham, et de Deopa, et de omnibus aliis portubus, salutem.
Praecipimus quod monachi et fratres abbatiae nostrae de Fontibus,
et equi et homines, et omnes res eorum sint quieti de theloneo,
et passagio, et pontagio, et stallagio, et pedagio. et de omni alia
consuetudine et saeculari exactione, de se et suis omnibus quo-
cumque venerint, et de omnibus rebus quas emerint vel vendi-
derint, vel deportari fecerint in nundinis vel mercatis, et in
omni loco potestatis nostrse, per terram vel aquam, ad usus pro-
prios. Et prohibemus, ne aliquis eos, vel homines vel res eorum,
in aliquo vexet vel disturbet ; quia tarn ipsos, quam omnia quae
illorum sunt, sicut res nostras proprias et dominicas, in manu
nostra et protectione et custodia retinemus. Nee ullatenus sus-
tinere possemus, si quis eos vel bona eorum vexaret, turbaret, vel
quolibet modo minueret, aut libertates a nobis aut predecessoribus
nostris illis concessas interdiceret. Prohibemus etiam,ne de ullo
tenemento suo ponantur in placitum, nisi coram nobis. Teste,
Comite Willielmo de Mandevilla, xx die Septembris, apud Gait-
ington. 1 Fol 10.

X. CARTA REGIS RICHARDI PRIMI, DE CONFIRMATIONS OMNIUM
LOCORUM, ET POSSESSIONUM NOSTRARUM, ET DE LIBERTATI-
BUS NOSTRIS.

Ricardus, Dei gratia, rex Angl., dux Normanniae, AquitaniaB,
et comes Andegaviae, archiepiscopis, episcopis, abbatibus, com-
itibus, baronibus, justiciariis, vicecomitibus, ballivis, ministris, et

dus rex, qui non est diu, tit dicitur, in bello fuit occisus, raulta devotione accensns, sollicitatoribus
nostris promississet, aut ecclesiam illam Ordini restituere, aut aliam ejusdem valoris Ordini liber-
aliter dare, ut dicti anniversarii bonorumque spiritualium quaj fiunt in toto Ordine particeps
redderetur." Reg. Priv. de Fontibus, fol. 142*>

It would appear from this, " ut dicitur," with reference to King Richard III., that although
he had been dead five years when this Register was compiled, the recording abbot of Citeaux was
not entirely assured of the fact. I have not been able to discover any particulars relating to those
monks of Scarborough who are said to have worked miracles, and whose places of burial were ob-
jects of popular resort ; indeed probably this has become the only record on the subject.

It appears from the Royal Letters in the Public Record office that, in the reign of Edward I.
" J. the abbot and the Convent of Albin," wrote to him begging that, " as the church of Scarthe-
burche, which had been for the support of the general chapter, was too distant for personal super-
intendence, the Abbot of Rievall might be permitted to look after it." Seventh Rep. D. K. Pub.
Rec., App. ii. p. 249.

(1) Geddington is about five miles N.E. of Kettering, and three miles from Pipewell Abbey
in Northamptonshire. The King had a house there, the site of which is still called " Hall close,"
and a Chace ; so that the mere fact of this Charter or Precept having been granted here cannot
afford absolute proof of its date. There can, however, be no reasonable doubt but that it was
issued three days after the last recited charter in the text (No. viii.), and, probably, for the pur-
pose of exhibition to bailiffs and others engaged in the collection of tolls, upon occasions when
the production of the charter upon which it was based, might have been unsafe or inconvenient.

omnibus fidelibus suis, salutem. Sciatis nos, pro anima patris
nostri, et pro salute nostra, et matris nostrae, et fratris nostri
J[ohannis,] et omnium antecessorum et successorum nostrorum,
concessisse et hac praasenti carta nostra confirmasse Deo, et beatas
Mariae, et ecclesise de Fontibus, et monachis ordinis Cisterciensis
ibidem Deo servientibus et servituris, imperpetuum, ipsam suam
de Fontibus abbatiam, et locum in quo eadem abbatia sita est et
fundata per bonae memoriae Thurstinum, quondam archiepis-
copum Eboracensem, cum omnibus terris, et tenementis, nemo-
ribus, aquis, et aliis quibuscumque rebus et locis suis de Morker,
Herleshow, Haddokstanez, Morkerfall, Waynford, Swanlay, et
Warsall, cum omnibus pertinentiis suis. Et grangias suas de
Sutton, Sleningford, Gralghagh, Aldeburgli cum Nuttewith, Flat-
tewith et Tanfeld riddyng, Bramlay, Kilnesay, Cayton cum le
Gollescroft et stagno vivarii sui ibidem, Thorpunderwodd, Marton
cum Caldewell, Balderby, Buskeby, Arneford, Netherbordeley,
Overbordelay, Couton, Grenebergh, Merston, Kyrkebywis'k,
Bradley, Malghom, Brynbem, cum libertate ferarum et avium for-
estae suae ibidem, Dacre cum toto Niderdale sicut Rogerus de Mou-
bray illud contulit eisdem, cum toto incremento et excambio qua3
idem Rogerus similiter eisdem dedit ibidem, et cum logiis suis ibi-
dem de Beuerley, Bourthayte, Sixeford, Dalagh, Lofthous, Trope
et Caldestanes, cum omnibus materiis et mineris et omnibus aliis
logiis et locis suis in eodem Niderdale, cum omnibus ad praedic-
tam abbatiam, grangias, logias, et loca pertinentibus quoquomodo.
Villas etiam de Malghom cum toto Malghmore et Malghwater,
Litton cum toto Lyttondale et cum omnibus logiis et locis suis

The interest of the Archbishop of York, as owner of the tolls of markets and fairs within his
Manor of Eipon, must have been materially affected by the exemption from toll of merchandise
purchased for the use of the abbey. It is no wonder, therefore, that a case, probably considered
by the bailiffs to be of exceptional character, or raised purposely, was tried in the Borough court
of Bipon in the year 1384, which resulted in the affirmation of the claim. The record from which
the following report is taken, is a contemporary transcript of the court roll, preserved at Studley
Koyal, and duly entered in the Eegister of Privileges, fol. 106.

" Ad curiam Burgi de Rypon, tentam die Martis proximo post festum Ascencionis Domini,
anno regni regis Ricardi secundi, post conquestum Angliae, octavo.

"Venit jurata inter dominum et abbatem de Fontibus et Stephanum Barker, conversum
ejusdem abbatis, super p]acita, superius allegata, de tolneto domini asportato, super ipsos su-
-perius praesentatos ; videlicet, Johannes Taverner, Willielmus de Eryom, Johannes Dawson,
Johannes de Brignall, Johannes Raper, Johannes Shether, Willielmus Fallan, Willielmus de
Rypon, Thomas Alman, Walterus Tailiour, Johannes de Staynley, junior, et Robertus Erne,
jurati et electi ; qui dicunt, super sacramentum suum, quod abbas de Fontibus, confratres sui,
et omnes sui predecessores, a tempore quo non extat memoria, semper liberi fuerunt de omni-
modis marchandiis, ad opus abbatias emptis vel emendis, infra villam [et] dominium de Rypon,
sine aliquo tolneto inde pacando, et quod non sunt culpabiles de quadam presentatione, nee de
aliquo articulo superius contento et super ipsos imposito. Ideo, consideratum est per curiam,
..quod dietus abbas, et Stephanus confrater ejus, inde quieti et sine die." .

OF .FOUNTAINS ABBEY. 15

ibidem, et cum tota foresta sua de Gnoupe et Dernebroke, et
libertate omnium ferarum et avium ibidem, simul cum omnibus
logiis et locis suis in eadem foresta ; Crosthwaite, cum ecclesia
ejusdem villae, et cum logiis suis de Wattendeland, [et] Stayn-
thwayt, et cum toto Langestroth et insula de Hestholm, et Es-
penese, Neusom, Melmerby, Staynburne, Aynderby, Queldrick
cum Almarre, Horton, Hebden, et Wiglesworth, cum omnibus
terris, teiiementis, redditibus, homagiis, et servitiis, tarn libero-
rum quam nativorum, et cum ipsis nativis suis et eorum catallis
t sequelis, et cum omnibus aliis pertinentiis ad praedictas villas et
loca aliquo modo spectantibus, cum suis libertatibus universis.
Item manerium de Potte cum pertinentiis suis, per plenarias
divisas suas. Omnia etiam terras et tenementa, redditus, et ser-
vitia, prata, nemora, pascuas, et pasturas, quse vel donatione, vel
venditione, vel aliqua alia justa adquisitione habent in Eboraco,
Rypon, Donecastre, Bothelstane, Grymesby, Scardeburg, Her-
tilpole, Yarum, Dromon dbv, Busheby, Stokesley, Redekerr,
Cotom, Lyveiion, Siadwell, Eston, Santon, Qwerlton, Blatonkerr,
Carleton, Northcouton, Middelton, Ukerby, Scorton, Multon,
Stapilton, Redmire, Qwhinholm, Wintringham, Santon, Queldrik
tain de feodo Ricardi Malbisse quam de feodo Willielmi Darell
et Willielmi de Percy, ibidem, "Wartre, Elvington, Acastre,
Clifton, Monkton super moram, Hessayriddyng, Merston, Kirke-
hamerton, Grenehamerton, Cattehall, Kirkby Usburn, Parva
Usburn.^ Elingwik, Withington, Quixelay, Ferybrigge, Bro~
thcrton, Brampton, Eland, Heton, Dalton, Liversegge, Helm,
Agbenlay, Schagli, Hagh, Brigrode, Somerrode, Prikstrikrode,
Wolronwell, Morton in Airdale, Ilklay, Castelay, Huby, Hunes-
flete, Rigton, Rippelay, Godwynescalez, Aldwerk, Grafton,
Wymbleton, Estmorton, Westmorton, Lofthous, Aistenby, Aske-
ryk, Aundelay, Ganthorp, Sandehoton, Hotonconyers, Thornton
in mora, Neuby Wisk, Neuby super Swale, Neuton super Swale,
Maghenby, Rokeby, Pikall, Holm, Raynington, Disseford,
Hewik, Gevendale, Thornbergh, Tresk, Melsanby, Mildeby,
Skipton super Swale, cum passagio ejusdem aqua3 et libero batel-
lagio ibidem, Catton super Swale, Sinderby, Ronwell, Yarnewik,
Skelton, Dunesforde, Kirtelington, Eseby, Euseby, Estkeswik,
Asrnunderby, Eiingthorp, Southstaynlay, Northstaynlay, Ottelay,
Otterburn, Folyfaith, Scotton, Wallerthwayt, Merkyngton, Mer-
kyngefelde, Ingerthorp, Thornton juxta Brerton, Thornton Epis-
co|)i, Thornton Rust, Scabbed Neuton, Elingestrengge, Thorp
juxta Nuttewith, Hedonriddyng, Tannefelde, Ilketon, Swetton,
Swynton, Wardonmersk, Karlesmore, Kirkeby malasart, Azer-

lagh, Grantelay, Birkhow, Wynkeslay, Laverton, Brathwayt,
Mikelhagh, Litelhagh, Redlay, Walton, Aldefelde, Northous,
Longelay, Netherstodlay, Overstodelay, Sallay, Hunedegate,
Goukebusk, Eston, Sutton, Holgrave, Sunthorp, Eveston, Hop-
erton, Warthill, Cockermouth, Parva Crosthwait, Brathwait,
Thrilekelde, Appelthwayt, Allerdale, Lonesdale, Riblesdale,
Querfdale, Airedale, Niderdale, Austewyke, Appeltrewyk, Arne-
cliff, Arneclifcote, Lynton, Brynsall, Lonethwait, Thorp juxta
Brynsall, Conyngeston, Gossesibacre, Landesmerc, Gersington,
Biggehousbergh, Grissethorp, Hagnlith, Haukeswik, Helgh-
felde, Hertlington, Holmknottez, Ketelwell, Preston in Craven,
Calton, Scothorp, Aireton, Tresfeld, Oulecotez, Lothenrigge,
Waltrebergh, et Neuton in Craven, cum omnibus pertinentiis
suis. Et praster haBC, quicquid alicubi habent de donis aut feoff-
amentis aut feodis supradictorum Thurstini, archiepiscopi Ebor-
acensis, fundatoris sui, et successorum suorum, Alicise de Rome-
lay, Alicias filise sua3, Willielmi de Fortibus, Baldewini de Beton,
comitum Albemarlias ; Alani, comitis Britannise ; Ricardi vel
Willielmi de Percy, Rogeri de Moubray, G. Rugmund, P. de
Brus, P. de Lascell, W. de Stutevill, vel aliorum quorumcumque
feoff atorum suorum, sicut cartae et scripta et munimenta, quaa
inde habent, rationabiliter testantur. Ita omnia et singula
supradicta ipsis monachis et successoribus suis, imperpetuum,
concedimus et confirmamus, et volumus ut dictae Abbatiaa et
monachis, imperpetuum, reman eant illibata, eorum pro k quorum
gubernatione et sustentatione concessa sunt usibus omnimodis
pro futura. Quare volumus l et firmiter praecipimas quod prae-
dicti monachi, et successores sui, haec omnia et singula supra-
dicta habeant et teneant libere, quiete, pacifice, honorifice et
integre, in liberam puram et perpetuam elemosinam, cum omni-
bus pertinentiis suis, in bosco et piano, viis, semitis, pratis, pas-
cuis, pasturis, aquis, molendinis, stagnis, vivariis, moris, maris-
cis, turbariis, piscariis, fossatis, grodis, mineris, lapidicinis, vir-
gultis, domibus et aedificiis cum redditibus, homagiis, releviis,
wardis, escaetis, maritagiis et quibuscumque aliis servitiis, et
omnibus ubique locis et rebus ad praemissa pertinentibus, quo-
quomodo: cum socha, et saka, et toll, et theam, et infangentheof, 2
cum curiis suis de omnibus tenentibus suis, et universis trans-

(1) In the copy of this Charter printed in the Monasticon, vol. i. p. 759, from an Inspexi-
mus of Richard II. (Rot. Pat., 9 R. II, p. ii. m. 25), the rest of it from this place is omitted, and
the date, "apud Claryndon 26 die Junii," is erroneously added from a confirmation of this Charter
of Richard I., recited in the Inspeximus which afforded the text.

(2) I subjoin, from the Register of Privileges, an explanation of these and some other terms
uued in documents relating to feudal privileges, more for the sake of shewing the interpretation

OF FOUNTAINS ABBEY. 17

gressionibus factis infra terras suas, cum assisa panis et cer-
visiae, et libera ordinatione ballivorum et ministrorum suorum et
ammotione eorumdem, ac omnibus amerciamentis et forisfacturis
prsemissorum, et eorum debita executione imperpetuum ; et cum
omnibus aliis libertatibus et quietanciis cum quibus ecclesia beati

put upon them by the monks of Fountains, than for affording the more precise and valuable
information easily accessible in the Glossaries of Spelman or Somner, or in Bracton, Fleta, the
second Institute, and other well known legal works. There is also an Exposition in Taylor's
History of Gavelkind, p. 173, printed from the Rawlinson MS. 329 B, folio 104b- and an English
translation of such words in Stevens' Supplement to the Monasticon, vol. ii. p. 94, from a Regis-
ter of the Priory of the Holy Trinity, London. The article below is abbreviated from an Ex-
position by Alexander archdeacon of Salisbury, which occurs in several monastic registers. A
very good copy will be found in a Chartulary of Beaulieu Abbey, in Hampshire, where it is
entituled, " Nomina Anglicana usitata in cartis antiquorum regum Angliae, et adhuc apposita
in cartis modernorum, exposita ab Alexandro archidiacono Sarisburia?, secundum quod continetur
in legibus Ina3, Aluredi, Atheldredi, Cnuti, et Edwardi, regum Anglias." Cott. MS., Nero, A.
12, fol. 142. In some cases, the article breaks off with the same sentence as the present, as, for
instance, in the Chartulary of St. Neot's (Cott. MS., Faustina, A. iv. fol. 19) ; and in one, not so
comprehensive as that in the Chartulary of Beaulieu, which will be found in the Chartulary of
Sibton Abbey, the explanations are given in French. MS. Arundel, Brit. Mus., 221, fol. 22b.

EXPOSITIO QUORUNDAM VOCABULORUM DE LIBERTATIBUS.

SOCA. Hoc est, secta de hominibus in curia vestra, secundum consuetudinem regni. SAK.
Hoc est, placitum et emenda de transgressionibus hominum in curia vestra, quia Sak, Anglice,
a cheson, et Sak dicitur/or/e tt, unde Sakles, non culpabilis. TOL. Hoc est, quod vos et homines vestri
de toto homagio vestro sint quieti, in omnibus mercatis, de tolneto de rebus emptis et venditis.
THEAM. Hoc- est, quod habeatis totam generationem villanorum vestrorum, cum eorum sectis et
catallis ubicunque fuerint inventam, excepto quod, si nativus quietus manserit per unum annum
et unum diem in aliqua civitate vel villa privilegiata, ita quod in eorum communitatem et liberta-
tem transient. INFANGENTHEOF. Hoc est, quod latrones capti in dominico vel in f eodo vestro, et de
suo latrocinio convicti, per curiam vestram judicentur. HANGEWYTE. Hoc est, quod quieti eritis
de latrone suspense sine judicio, vel extra custodiam evaso. OUTEFANGTIIEOF. Hoc est, quod
latrones de terra vel feodo vestro, de extra capti cum latrocinio, reducantur ad curiam vestram,
et ibi judiceutur. HAMSOKEN. Hoc est de violento ingressu hospitii, contra pacem regis et vol-
untatem vestram, et quod inde habeatis curiam vestram. GRITHBREKE. Hoc est de pace dom-
ini regis fracta. BLODEWITE. Hoc est, quod habeatis curiam vestram et amerciamenta de med-
letis et effusione sanguinis. FLITEWYTE. Hoc est, quod habeatis curiam &c. de contentione et
minis. FLEDWYTE. Hoc, quietum esse de amerciamento, cum utlagatus, sponte vel licentiatus,
venerit ad pacem regis. FLEMENESEFRITH. Hoc est, habere catalla hominis vestri fugitivi. LEG-
HIHWYTE. Hoc est, habere emendam ab eo qui corrupit nativam vestram. CmCDEWYTE. Hoc
est, habere emendam de impregnante nativam. MERCHET. Hoc est, habere gersum pro dispon-
sntione nativae vestrae. FORESTALL. Hoc est, quod habeatis amerciamentum de catallis arestatis
infra terrain vestram. SCOT. Hoc est, quietum esse de auxilio vicecomitis aut ballivorum.
GELDE. Hoc est, quietum esse de consuetis servilibus, quse, quasi tallagia, quondam dari consue-
verunt. HlDAGE. Hoc est, si rex talliaverit totam terram per hydas. CARUAGE. Hoc est, si
rex talliaverit terram per carucas. DANEGELD. Hoc est, de quodam tallagio quod Dani quondam
levaverurit. HORNGELDE. Hoc est, de tallagio de quacumque bestia cornuta. LARTAGE. Hoc
de pecunia exacta in nundinis et mercatis pro rebus cariandis ad libitum. STALLAGE. Hoc est,
de pecunia exacta pro placitis captis et assignatis in nundinis et mercatis. SCHEWYKG. Hoc est
quietum esse de attachiamentis et querelis factis in aliqua curia, et non advocatis. MlSHERYNG.
Hoc est, de querelis in transumptione probatis. BURGH BRETH. Hoc est de transgressionibus
factis in civitate vel burgo, contra pacem. WARDEWITE. Hoc est de denariis ad Warde in cus-
todiam f aciendis. HUNDRED. Hoc est, de subsidiis faciendis praspositis vel hundredariis. BORDE-
HALPENY. Hoc est pro tabulis levatis. BRUGEBOTE. Hoc est, de auxilio dando ad reficiendum
pentem. BURGHBOTE. Hoc est, de auxilio dando ad reficiendum burgum vel castrum, Sac. AVER-
NY. Hoc est, pro avernagio regis. Regist. Privil. de Font., fol. 8*>-

C. VOL. II.

18 MEMORIALS, ETC.

Petri Ebor. 1 tenet, ut, videlicet, ipsi monachi et successores sui,
ac omnes terras, res, et possessiones suae, liberi sint et quieti ubi-
cunque de assisis, comitatibus, tridingis, wapentachiis, dane-
geldis, pecunia quaa ad murdrum pertinet, auxiliis, scutagiis,
pontagiis, pedagiis, cariagiis, theloneis, opere castellorum fossa-
torum, stallagiis, et omnibus tallagiis, placitis, et querelis, et
omni terreno servitio quod ad nos, haeredes vel ministros nostros,
pertineat quovismodo. Et praecipimus, super forisfacturam nos-
tram, ne quis super his, aut super ulla re quse a nobis vel ante-
cessoribus nostris eis concessa fuerit, ipsos inquietare vel quam-
cunque molestiam eis inferre prsesumat, quia, tarn ipsos quam
qua3 eorum sunt, in manu nostra, sicut propria et dominica reti-
nemus, nee portare possumus, si quis eos vel sua vexare, vel
quocunque modo minuere, aut libertates eorum interdicere vel
impedire praasumpserit. Et prohibemus etiam, super forisfac-
turam nostram, ne quis, infra clausuram dictse abbatiae vel aliorum
locorum suorum, sanguinem humanum temere fundere, hominem
capere vel arestare, seu interficere, aut violentiam aliquam audeat
exercere, sed omnia loca sua adeo libera sint, sicut atria sanctae
ecclesiae, et quieta. Testibus H[uberto] Cantuariensi archiepis-
copo, H[enrico] Cantuariensi archidiacono, magistro Maugero,
Ebroicensi archidiacono, Willielmo de Stagno, Eoberto Hare-
curt. Data apud Kupem Andeliaci, 2 per manum magistri
EocelP tune agentis vicem cancellarii, nono die Novembris 3 anno
decimo regni nostri. 4 Fol. 9.

(1) Vide Mon. Angl., vol. iii. pp. 134, 135 ; Placita de Quo Warranto, p. 625 ; Placita coram
rege, apud Bbor. de term. Trin., 12 Edw. II., rot. 59 ; Rotul. Chart., 5 Edw. II., n. 37 ; Rot. Pat.,
11 Henry VIII., p. 1. m. 25.

(2) Vide Brompton, X Script., col. 1274-1276.

(3) The King granted a charter of confirmation to the Cistercian Abbey of Warden in
Bedfordshire a daughter of Rievaux two days after this date. Mon. AngL, vol. i. p. 785.

(4) Five of the monasteries dependent on Fountains were so considerably indebted to this
King's clemency, for the remission of debts due to him, in right of the confiscated estate of Aaron
the noted Jew of Lincoln, that the remarkable charter by which they were condoned, may be
appropriately recorded among the privileges of the mother house.

CARTA MONACHORUM CISTERCIENSIS ORDIKIS TE QUIETAKCIA DEBITORUM AARONIS

JUDEI LlNCOLNI^B.

Ricardus, Dei gratia, rex Anglias, dux Normanniaa, Aquitaniae, comes Andegaviae, archie-
piscopis, episcopis, abbatibus, baronibus, vicecomitibus, justiciariis, et omnibus ministris et
hominibus suis, Francis et Anglis, totius Angliae, salutem. Sciatis nos condonasse, pro salute
anima3 nostrae, et omnium antecessorum et hseredum nostrorum, abbatiis de ordine Cisterciensi ;
scilicet de Rievalle, de Novo Monasterio, de Kirkested, de Parco-Lude, de Revesbi, de Ruford, de
Kirkestal, de Rupe, de Betlesden, omne debitum quod debebant nobis ex debito Aaronis Judei
Lincolniaa, cujus summa se protendebat in sexcies mille et CCCC. marcarum, et eo amplius. Et
ipsi pro hac condonatione nostra dederunt nobis mille marcarum. Quare volumus, et firmiter
praacipimus, ut prasdictaa domus omnino quietee siut in perpetuum de universo debito illo quod ab
eis exigebatur. Nos autem reddidimus eis cartas suas de eodem debito. Et ideo volumus, et
firmiter praacipimus, ut nullus hinc eis amodo injuriam faciat vel gravamen aliquod inferat.
Sed si qua carta inde fuerit inventa, nullum adversus eos habeat locum, sed eis sine contradic-

OF FOUNTAINS ABBEY. 19

XL CONFIRMATIO MONACHORUM DE FONTIBUS. [Ex Rotlll.

Chart., 1 Joh. n. 14.]

Johannes, Dei gratia, &c., justiciariis, &c. Sciatis nos sus-
cepisse in manum, custodiam, et protectionem nostram, abbatem
et monachos et fratres de Fontibus, terras, homines, res, redditus
et possessiones eorum; 1 et ideo vobis mandamus et firmiter prse-
cipimus quatenus eos et omnia sua custodiatis, manuteneatis,
protegatis, et defendatis, sicut nostra dominica, et non inferatis
eis, vel ab aliquo inferri permittatis, injuriam, gravamen, aut
molestiam; et si eis in aliquo forisfactum fuerit, id eis sine dila-
tione cmendari faciatis. Prohibemus etiam ne ponantur in pla-
cito de aliquo tenementorum suorum, nisi coram nobis vel capitali
justiciario nostro; et sint quieti de tolneo et omni consuetudine
do omnibus rebus quae ad proprios usus suos pertinent, sicut
cartee Henrici regis, patris nostri, quas inde habent, testantur.
Prohibemus etiam, super forisfacturam nostram, ne capiatis, nee
aliquos capere permittatis, eorum oves, pro aliqua forisfactura,
dummodo alia averia habuerint per qua? possint justiciari. Data,
&c., xvj die Septembris, &c.

XII. CARTA REGIS EDWARDI PRIMI, DE WARENNA IN MORKER,
SOMERWITH, ALDEBURGH, SLENINGFORD, ET SUTTON.

Edwardus, Dei gratia, rex Angliae, &c. Sciatis nos concessisse,
et liac carta nostra confirmasse, dilectis nobis in Christo abbati et
conventui de Fontibus, quod ipsi et successores sui, imperpetuum,

tione reddatur. Hiis testibus, Hugone episcopo Dunelmensi, Godefrido episcopo Winton, Hugone
episcopo Coventr., Willielmo cancellario nostro, electo Elyens., Ricardo Thesaurario nostro, electo
Lundoniae. Apud Westmonasterium, primo anno Eegni nostri, xvj die mensis Novembris.
Chartae Antiques in Cane., rotul. T.

In the Pipe Roll, 3 Richard I., will be found, under the heads of several counties, very inter-
esting and suggestive lists of the debtors of this Aaron the Jew of Lincoln, with the sums owing
by each. Among those of high station in Yorkshire were Eustace de Vescy, Adam de Brus, Hugh
and John de Builli, William Fossard, Berta countess of Brittany, Nigel Fossard, Jordan Foliot
and Roger de Coisneres.

(1) Compare the sequel, as narrated by the Chronicler of Fountains: " Nee pepercit Fonta-
nensi ecclesia?, licet multa et magna ab ea donaria accepisset, sed mille et ducentas marcas argenti
cum importuna celeritate solvendas ab ea extorsit ; etiam reliquas domus nostri ordinis sub potes-
tate sua adeo vehementer oppressit, ut, distractis ovibus et armentis, etiam vasa sacra divinis
usibus consecrata et vestimenta sacerdotalia vcndere cogerentur." Volume i. p. 126.

King John's successor Henry III. does not appear to have confirmed any of the Privileges
of the House, and the only grants which I find the monks to have obtained from him are an In-
speximus of a charter of Richard de Percy, of the Vill of Litton and Littondale in Craven, dated
at Westminster, 5th August, 1239 (Rot. Chart., 23 Hen. III., m. 2) ; and the confirmation of a
messuage at Boston in Lincolnshire, dated Nov. 6, 1248. Rot. Chart., 33 Hen. III., p. 1. m. 7.

habeant liberam warennam 1 in omnibus dominicis terris suis de
Morker, Somerwith, Aldeburgh, Sleningfbrd, et Button, in comi-
tatu Eboracensi, dumtamen terrae illaa non sint infra metas forests
nostrse. Ita quod iiullus intret terras illas ad fugandum in eis, vel
ad aliquid capiendum quod ad warennam pertineat, sine licentia
et voluntate ipsorum abbatis et conventus, vel successorum suorum,
super forisfacturam nostram decem librarum. 2 Quare volumus, &c.
Hiis testibus, venerabilibus patribus R. Bathon' et Well' et W.
Norwic. episcopis; Henrico de Lacy, comite Lincolnige, Johanne
de Vescy, Roberto Tibbotot, Hugone filio Octonis, Roberto filio
Johannis, Ricardo de bosco, Petro de Huntynfelde, et aliis. Data
per manum nostram, apud Dunelm', decimo octavo die Septem-
bris, anno regni nostri octavo. 3 10 b.

Edwardus, Dei gratia, &c., ut supra proximo,. Sciatis nos con-
cessisse, et hac carta nostra confirmasse, dilecto nobis in Christo
abbati de Fontibus, quod ipse et successores sui, imperpetuum,
habeant liberam warennam in omnibus dominicis terris suis de
Balderby, Marton-super-moram, Thorp-sub-bosco, 4 Kylnesey-in-
Craven, Bordelay-in-Craven, et Bradlay, in comitatu Ebor., dum-
tamen terras illae non sint infra metas forestae nostrae. Ita quod

(1) " There be both beasts and fowls of the warren. Beasts as hares, conies, and roes, called
in records capreoli. Hill. 13 Edw. III., coram Rege in Thesaur. Fowls of two sorts, viz., terrestres
and aquatiles. Terrestres of two sorts silvestres and campestres. Campestres as partridge, quail,
rail, &c. Silvestres as phesant, woodcock, &c. Aquatiles as mallard, hern, &c." /. Inst., 378.
(2) The penalty belonged to the king, but the plaintiff could recover damages. Stephen de
Pencester impleads John de Swanton and eleven other persons for chasing hares and conies in his
free- warren at Tonstall in Kent. They agree with him for one hundred shillings, and pay to the
king 101. Coram Rege, Hill. 15 Edw. I., rot. 31. In a case where the abbot of Peterborough im-
pleaded Eichard de Milton for chasing hares within his warren in that place, it was found by a
jury that the defendant had taken two hares, and the damage was valued at sixpence. " Consider-
ation est quod prsedictus abbas recuperet dictum dampnum versus prasdictum Eicardum; et
dominus rex habeat decem librarum de forisfactura, &c., secundum statutum." Coram Rege,
Trinit., 33 Edw. I., rot. 25.

It was enacted by the statute, De Malefactoribus, 21 Edw. I., that if any warren er find any
trespassers wandering within his Liberty, intending to do damage therein, after hue and cry made
to stand to the peace, but do continue their malice, and, disobeying the king's peace, do flee, or
defend themselves with force and arms ; although such warreners or any other coming in their
company, and aiding them in the king's peace, do kill any offender or offenders being so found,
either in arresting or taking them or any of them, they shall not be troubled upon the same before
the king, nor shall lose for so doing either life or limb, or suffer any other punishment.

(3) Enrolled, Eot. Chart., 8 Edw. I., n. 27.

(4) Free-warren in Thorp-underwood, near Green Hamerton, was granted previously to the
abbot by King John. Rot. Chart., 2 John, p. 1. m. 8.

OF FOUNTAINS ABBEY. 21

nullus intret, &c., ut supra. His testibus, venerabilibus patribus
R. Bathon' et Well', et A. Dunelm' episcopis; Johanne de War-
enna, comite Surr', Humfrido de Boun comite Herford & Essex,
Roger de Brabaszon, Waltero de Bellocampo, Ricardo de Brides-
hall, Ricardo de bosco, et aliis. Data per manum nostram, apud
Berwik-super-Twedam, xvi die Octobris, anno regni nostri vices-
imo. 1 Fol 11.

XIV. [CARTA REGIS EDWARDI PRIMI, DE INSPECTIONE

REGIS RICARDI PRIMI.] 2 [Ex Rotul. Pat. 35 Edw. L, m. 16.]

Rex, omnibus ad quos, &c., salutem. Inspeximus cartam
Celebris memoriae Ricardi quondam regis Angliae, progenitoris
nostri, in haec verba ;

Ricardus, Dei gratia, rex Angliae, dux Normanniae, Aquitaniae,
et comes Andegaviae, archi episcopis, &c., (ut antea. No. viii. p. 8.)
Data apud Rupem Andeliaci, per manum magistri Rocel', tune
agentis vicem cancellarii, ix die Novembris, anno decimo regni
nostri.

Quam quidem cartam, propter rupturam sigilli eidem cartae
appositi, de verbo ad verbum duximus per praesentes exemplifican-
dam. In cujus, &c. Teste rege apud Karliolum, 3 duodecimo
die Aprilis.

xv. [CARTA REGIS EDWARDI PRIMI, DE INSPECTIONE CARTJS
REGIS RICARDI PRIMI]. [Ex Rotul. Chart, 5 Edw. II., n.
21, per Inspex.]

Edwardus, Dei gratia, rex Angliae, &c., salutem. Inspexi-
mus cartam Celebris memoriae domini Ricardi quondam regis
Angliae, progenitoris nostri, in haec verba.

Ricardus, Dei gratia, rex Angliae, &c., salutem. Prascipi-
mus quod monachi et fratres Abbatias nostrae de Fontibus, et
equi et homines, et omnes res eorum sint quieti de theloneo, et

(1) Enrolled, Rot. Chart. 20 Edw. I., n. 6.

(2) Vide page 10, note 1 of this volume. The king's chancellor, William de Hamelton, who
had been at the Parliament at Carlisle with abbot Bishopton, in the early part of this year, died
at Fountains, a few days after this charter was sealed. Vide vol. i. p. 188. Besides these charters,
king Edward I. inspected and confirmed to Fountains, on the 18th of March, 1300, the confirmatory
grant of Isabella de Fortibus, Countess of Albemarle and Devon and Lady of the Isle, of the vill
of Stainburn, a moiety of the vill of Higton, and a toft and an oxgang of land at Huby in Wharf -
dale. Rot. Pat. 28 Edw. I., n. 24. Abbrev. Rotul. Orig., vol. i. p. 110.

(3) The Statute of Carlisle, 35 Edw. I., is entered in the Register of Privileges of Fountains,

22 MEMORIALS, ETC.

passagio, et stallagio, et pedagio, &c. \_Ut supra. No. ix. p. 11].
Teste, comite Willielmo de Mandevilla, xv (sic) die Septem-
bris, apud Gaitington.

Quam quidam cartam, propter rupturam sigilli eidem carta?
appositi, de verbo ad verbum duximus per prsesentes exemplifi-
candam. In cujus rei testimonium, has literas nostras fieri feci-
mus patentes. Teste me ipso apud Karliolum, duodecimo die
Aprilis, anno regni nostri tricesimo quinto.

XVI. CARTA REGIS EDWARDI SECUNDI, DE LICENTIA ADQUIRENDI
TERRAS ET TENEMENTA AD VALOREM VIGINTI LIBRARUM.

Edwardus, Dei gratia, rex Angliae, dominus Hibernia?, et dux
Aquitanise, omnibus ad quos praBsentes liters pervenerint, salu-
tem. Sciatis quod, pro remissione quam dilecti nobis in Christo,
abbas et conventus de Fontibus, nobis fecerunt, de quater viginti
et sexdecim libris et viginti et uno denariis, in quibus eis pro
bladis et aliis diversis victualibus, 1 ab ipsis ad opus nostrum emptis,

fol. 13 6., but unaccompanied by a mandate to the abbot, similar to the exemplar writ issued to the
abbot of Waverley, directing him to cause it to be publicly read, twice in the year, in a full chap-
ter of his house. See the statute and writ, Rot. Parl., vol. i. p. 217.

(1) Among the Miscellaneous Rolls in Chancery is one No. 168 which contains a curious
account of the sums of money owing by king Edward II. to the Yorkshire monasteries, for cattle
and corn supplied by them, in aid of the military expedition against the Scots, in the year 1310.
It is entitled " Debita qass debentur Viris Religiosis in comitatu Ebor., pro bladis, bobus, vaccis,
et multonibus, domino Regi nunc mutuatis, anno regni sui quarto. De quibus promisit litteras
suas obligatorias de solutione eisdem Religiosis facienda, ad festum Purificationis beats Marias
proximo futurum, sicut patet per litteras suas de 'private Sigillo quas dicti Religiosi habent de
promisso." The debt to the abbot of St. Mary's, York, was entered first, but the sum is now
illegible. Then that due " Abbati de Fontibus, pro xx quarterns frumenti, prec. quarterii xs.
Eidem abbati, pro xx quarterns brasei ordii, prec. quart, vijs. Eidem abbati, pro xx quarteriis
avenarum, prec. quart, iijs. Eidem abbati, pro xiiij bobus, xvi vaccis, prec. capitis xjs. Eidem.
abbati, pro C multonibus, prec. capitis xvijd. Summa denariorum xlvij li. xs." After this follow
statements of a like nature with reference to the monasteries of Drax, Nostell, Rievaux, Byland,
Kirkstall, Sawley, Pontefract, Jervaux, Selby, Newbrough, Coverham, "Watton, Guisbrough,
Wartre, Bridlington, Meux, Kirkham, Malton, Bolton, Whitby, and another place the name of
which is illegible. The general prices were, for wheat, ten shillings per quarter; barley malt, eight
shillings per quarter; beans and peas, six shillings per quarter; oxen, eight shillings a head; sheep,
eighteenpence a head. The best oxen seem to have been furnished from the pastures of Foun-
tains, Selby, and Jervaux, as they are valued at eleven shillings each. The worst sheep appa-
rently were sent from Guisbrough, and were estimated to be worth only sixteenpence each. The
beans and peas from Meux were of inferior quality and charged a shilling a quarter less than the
rest.

Annexed to the roll is a receipt from Ralph de Dalton, clerk, dated 30th October, 4 Edw. II. ,
1310, for twenty-four pairs of letters obligatory from the bishop of Worcester, the King's chan-
cellor, to be delivered by him to certain religious men in Yorkshire, " qui diversa genera victu-
alium quaa ad summam quadringentarum quater viginti et unius librarum et septem solidorum
per diversas particulas appreciantur, ipsi domino regi mutuaverunt, in subsidium expeditionis
guerrae suae Scotise, quorum nomina in quodam rotulo prassenti billas annexe plenius continentur " ;
which letters obligatory, the said Ralph promises, according to his bond, to return into Chancery,

OF FOUNTAINS ABBEY. 23

tenebamur, ac per finem quadraginta librarum quern fecerunt
nobiscum, quas quidem quadraginta libras solverunt in garderoba
nostra, 1 concessimus et licentiam dedimus, pro nobis et haeredibus
nostris, quantum in nobis est, eisdem abbati et conventui, quod
ipsi terras et tenementa ad valorem viginti librarum annuarum,
tarn de feodo suo proprio quam alieno, exceptis terris et tenemen-
tis quaa de nobis tenentur in capite, adquirere possint. Habendum
et tenendum sibi et successoribus suis imperpetuum, Statuto de
terris et tenementis ad Manum mortuam non ponendis edito, 2 non
obstante, dumtamen per inquisitiones hide in forma debita facien-
das, et in cancellaria nostra vel haeredum nostrorum rite retornan-
das, compertum sit quod id fieri poterit absque praejudicio nostro
et alterius cujuscunque. In cujus rei testimoniuin, &c. Teste

wherever it may be, about the feast of the Purification of the Blessed Mary the Virgin next en-
suing, or to the sheriff of the county.

As it appears from the Patent roll, 5 Edw. II., part 2, that the heads of several of the chief
Yorkshire monasteries obtained licenses of mortmain, in the month of March in that year, in
consideration of a fine and remission of the King's debt to them for provisions, it is probable that
the privilege was conferred more for the sake of replenishing the King's exhausted exchequer
than as an act of grace and favour to the monks, more particularly since, during his sojourn at
York at this period, he resorted to the practice of raising money by granting charters which cost
him nothing, and perhaps in many instances were not voluntarily sought, to municipal corpora-
tions. Thus, among other instances, on the 8th of March, in consideration of one hundred marks,
the burgesses of Scarborough obtained from him a confirmation of their charters and a grant of
kaiage. On the 12th of March, the burgesses of Ravensrode procured a similar concession on the
payment of 50L, and five days afterwards, the mayor and citizens of York had occasion to pay a
fine of four hundred marks for the confirmation of their charters.

(1) "Abbas et conventus de Fontibus, pro quadraginta libris per quas finem fecerunt cum
Rege, et pro remissione quam fecerunt dicto Regi de quaterviginti et sexdecim libris, viginti et
uno denariis, in quibus Rex eis tenebatur pro bladis et aliis diversis victualibus, &c., habent licen-
tiam adquirere, sibi et domui suse, terras et tenementa ad valentiam viginti librarum annuarum,
et confirmationem cartarum suarum." Originalia de anno 5 Edw. II., rotul. 22. The charters
alluded to were, no doubt, those dated on the 24th of February, which follow in the text.

The acquittance for this fine is enrolled on Rot. Pat., 5 Edw. II., m. 1. Rex, omnibus ad quos
&c. salutem. Sciatis quod dilectus nobis in Christo, Abbas de Fontibus, solvit nobis in Garda-
roba nostra, vicesimo tertio die Februarii anno regni nostri quinto, apud Eboracum, dilecto clerico
nostro Ingelardo de Warle, custodi ejusdem garderobae, quadraginta libr., per quern finem fecit
nobiscum pro licentia adquirendi, sibi et domui suae praxlictae, terras et tenementa ad valorem
viginti librarum annuarum, tarn de feodo suo proprio quam alieno, de quibus quidem quadraginta
libr., prsefatum abbatem et successores suos, tenore prassentium, quietamus. In cujus &c. T. R.
apud Ebor. xxv die Februarij. Per billam de Garderoba.

(2) Stat. de Religiosis, 7 Edw. 1., st. 2. All the statutes of mortmain were based on Magna
Charta, 9 Hen. III., cap. 36, where the prohibition was absolute ; but the king subsequently
licensed alienations, partly because it was assumed that there was an inherent power in the Crown
to dispense with Acts of Parliament ; and partly, perhaps, because the statutes gave him a right
of entry in cases where the provisions were broken, and the lord of the fee neglected to enter. In
the Ordinatio de Libertatibus perquirendis, 27 Edw. I., it was provided that men of religion that
would amortize lands or tenements should have writs out of the Chancery to enquire upon the
points accustomed in all things. And, by the 18th Edw. III., st. 3. c. 3., " If prelates, clerks bene-
ficed, or religious people, which have purchased lands, and the same have put in mortmain, be
impeached upon the same before our Justices, and they shew our charter of licence, and process
thereupon be made by an inquest of ad quod damnum, or of our grace, or by fine, they shall be
freely let in peace without being further impeached for the same purchase."

meipso, apud Eboracum, xxiij die Februarii, anno regni nostri
quinto. 1 Fol 8 b.

xvii. [EDWARDUS SECUNDUS CONFIRMAT CARTAS DIVERS AS.]
[Ex Rotul. Chart., 5 Edw. II., n. 21.]

Rex, archiepiscopis, &c., salutem. Inspeximus cartam quam
dominus Henricus, quondam rex Anglic, progenitor noster, fecit
abbati et monachis de Fontibus in haec verba: Henricus, rex
Angl., et dux Normanniae et Aquitaniae, et comes Andegaviae, &c., 2
salutem. Praecipio quod homines et equi, et omnes res abbatiae
de Fontibus et monachorurn ibidem Deo servientium, sint quieti
de theolonio. \_Ut supra, No. vi. p. 6.]

Inspeximus etiam cartam confirmationis quam dominus Ste-
phanus, quondam rex Angliae, progenitor noster, fecit eisdem
abbati et monachis, in haec verba: Stephanus, rex Angl. \_Ut
supra, No. ii. p. 2.]

Inspeximus etiam cartam confirmationis quam dominus Ri-
cardus, quondam rex Angl., progenitor noster, fecit praedictis
abbati et monachis in haec verba. Richardus, Dei gratia, rex
Angl., &c., salutem. Sciatis nos, pro anima patris nostri, et pro
salute nostra, et matris nostrae, et fratris nostri Johannis, &c.
\_Ut supra, No. viii. p. 8.]

Inspeximus etiam cartam confirmationis quam dominus Jo-
hannes, quondam rex Angliae, progenitor noster, fecit dictis
abbati et monachis, in haec verba. Johannes, Dei gratia, rex
Angliae, &c., salutem. Sciatis nos Qoncessisse, et praesenti carta
nostra confirmasse, Deo et ecclesiae sanctaa Mariae de Fontibus,
&c. totam terram quam Willielmus de Stutevill eis dedit cum
corpore suo, scilicet illam quam habuit in Kerkeby-Useburn,
&c. \_Ut infra, inter cartas de KiMy-Usebum~\.

Inspeximus etiam cartam confirmationis quam dominus Hen-
ricus, quondam rex Angliae, avus noster, fecit eisdem abbati et
monachis, in haec verba. Henricus, Dei gratia, rex Angliae, &c.,

(1) These Letters Patent were enrolled on the Patent Roll, 5 Edw. II., p, 2, m. 20, but, in
the reign of Richard II. they were cancelled and crossed out, and opposite, in the margin of the
roll, is written in a hand of that period, " Vacantur, quia restituti fuerunt, eo quod dominus rex
Ricardus secundus, xii die Junii, anno regni sui xvjo, concessit abbati et conventui prsedictis
quod ipsi certa terras et tenementa adquirere possint sibi et successoribus suis, in plenam satis-
factionem summas praedictas, Et ideo istas literse cancellantur et dampnantur."

(2) Although the king is styled here Earl'of Anjou, it appears from the recital of this char-
ter, before that of king Stephen, that it was thus early ascribed to king Henry I. an error which
was repeated in several subsequent royal confirmations of the privileges of the abbey, including
that of king James the First to Sir Stephen Proctor.

OF FOUNTAINS ABBEY. 25

salutem. Inspeximus cartam Ricardi de Percy in hsec verba,
Omnibus, &c., Ricardus de Percy, salutem. Sciatis me, pro
salute animaB mea3 et Alicise uxoris mea?, patris et matris,
et omnium antecessorum et successorum meorum, dedisse,
concessisse, et hac carta mea confirmasse, Deo et rnonachis ec-
clesiaa sanctae Mariae de Fontibus, una cum corpore meo ibidem
sepeliendo, totam villam de Litton in Craven, &c. \_Ut infra,
inter cartas de Litton.']

Inspeximus etiam literas patentes quas dominus Edwardus,
quondam rex Angliae, pater noster, fecit praefatis abbati et mona-
chis, in base verba. Edwardus, Dei gratia, rex Angliae, &c.,
salutem. Inspeximus cartam Celebris memoriae domini Ricardi,
quondam regis Anglic, &c. \_Ut supra, No. xv. p. 21.]

Nos autem, donationes, concessiones, confirmationes et exem-
plificationem praedictas ratas habentes et gratas, eas, pro nobis et
haeredibus nostris, quantum in nobis est, praefatis abbati et mon-
achis et eorum successoribus, concedimus et confirmamus, sicut
cartas et literse prgedictae rationabiliter testantur. Hiis testibus,
venerabili patre W. Coventr. et Lichf. episcopo, Radulpho filio
Willielmi, Petro de Malo Lacu, Willielmo le Vavasur, Marma-
duco de Thweng, Ranulpho de Nevill, Edmundo de Malo Lacu,
senescallo hospitii nostri, et aliis. Data per manum nostram,
apud Eboracum, xxiiij to die Februarii. 1

Per finem contentum in alia carta de licentia ingrediendi laicum
feodum.

XVIII. IDEM CONFIRMAT QWELDRIK, THORNTON IN MORA, THORP,
ELINGWYK, TRANSITUM ET PISCARIAM IN USA, RAININGTON,
POTTE, SLENINGFORD, NEUSOM, MERSTON, ARNEFORD, ROKEBY,
PIKALL, ET TRESKFELD, ETC.

Edwardus, &c., Donationem quam Ricardus Malbis fecit abbati
et monachis ecclesiae beatae Mariaa de Fontibus, de omnibus terris
redditibus et possessionibus quos habuit in villa et territorio de
Queldrik, cum homagiis et servitiis bominum de ipso Ricardo
libere tenentium, in eadem villa, et in Wartre de eodem feodo,

(1 ) There is an imperfect office copy of this charter at Studley-Eoyal, dated 29 May, 1 633, and
attested by " WilVm Colet," and " Will's Ryley, unus dericorum Johannis Borough, militis." From
two " exhibits" that are endorsed on it, it appears to have been produced at the execution of com-
missions for the examination of witnesses; once on the 25th of September, 1637, before the under-
signed, Tho. Cowling, John Robinson, Raphe Leadom, and Salom. Wyvell; and again, at Eipon, 4th
Oct., 1642, before Sa. Wycell, Geo. Naylor, and John Messenger. There is also a memorandum,
" Ex. 4 Junii 1638, per Parsonium Benson, Matthew Wood" ; but I have not, as yet, ascertained
the subject of litigation.

cum marra quse vocatur Allemar, cum omnibus pertinentiis suis,
et cum essarto quod dominus Johannes rex eidem Ricardo dedit,
et cum alneto et molendino et stagno, cum omnibus pertinentiis
suis, libertatibus et aisiamentis, infra villam et extra. Donatio-
nem, etiam, quam idem Ricardus fecit praedictis abbati et monachis,
de novem bovatis terrae cum pertinentiis in Thornton, cum om-
nibus hominibus in eadem terra manentibus, et tota sequela et
de omnibus catallis eorum. Donationem, insuper, quam Walterus
Beauvaiz fecit eisdem abbati et monachis, de una bovata terrae cum
pertinentiis in Thorntona. Donationem, etiam, quam Galfridus
Haget fecit dictis abbati et monachis, de [villa de 1 ] Thorp in Burgh-
sira, cum pertinentiis, et de tota terra de Ellewik, excepta dimidia
carucata terraB quam sanctae moniales de Saningthwait habent,
et excepta una carucata terras quam eaedem sanctae moniales
habent in Wieton. Confirmationem, etiam, quam Willielmus de
Estutevill fecit praefatis abbati et monachis, de duabus carucatis
terrae cum pertinentiis in Elnewik. Donationem, insuper, con-
cessionem et quietam clamationem quas idem Willielmus fecit
eisdem abbati et monachis, de servitio quod Gralfridus Hagett
eidem Willielmo facere solebat, de duabus carucatis terras cum per-
tinentiis in Elnewik, videlicet, quatuor solidos annuatim. Con-
cessionem, insuper, et confirmationem quas idem Willielmus fecit
dictis abbati et monachis, de piscaria in aqua de Jore et de Usa
per totum, a ponte Burgi usque ad muros Eboraci, cum uno
piscatore et serviente suo et cum duobus batellis et sagena et
retibus suis; ita tamen quod piscarias non faciant ibidem, nee
palos figant. Concessionem, etiam, quam Edmundus, comes
Cornubiaa, fecit praedictis abbati et monachis, de libero transitu
in aquis de Youre et Ouse inter pontem Burgi et civitatem Ebor-
aci cum rebus suis propriis, in usus domus suae et sustentationem
eorundem convertendis, quietam de thelonio, passagio, et ponta-
gio, et omni alia consuetudine ad ipsum comitem et hagredes suos
spectante ; Ita tamen quod villani praedictorum abbatis et conven-
tus nullum habeant transitum quietum in praedictis aquis, tenore
concessionis antedictae. Donationem, insuper, et concessionem
quas Thomas films Alani de Arches fecit eisdem abbati et mona-
chis de capitali mesuagio suo in villa de Renington, cum capella,
et quibusdam terris, pratis, et pasturis, cum pertinentiis, in
eadem villa, et de nativis ipsius Thomae in eadem villa et omni
sequela eorum, cum toto servitio cotariorum ejusdem villas, et
cum praedictis cotariis; necnon, de libertate et tota communa
quam idem Thomas habuit in mora de Hoton, cum tota quarrera

(1) villa de. RotuL Pat., 5 Edw. II., m. 18.

OF FOUNTAINS ABBEY. 27

ejusdem mora. Donationem, etiam, quam Gilbertus de Watton
fecit pradictis abbati et monachis, de tota terra et pastura contentis
inter has divisas, scilicet ab eo loco ubi Pozbek et Grymesdalebek
simul veniunt, sequi Grymesdalebek sursum usque Frostildehow,
et de Frostildhow usque Stein scougrun, et inde usque ad semi-
tarn de Lofthusum recte contra Bacstainbek, et inde sequi ean-
dem semitam usque ad superius caput de Crawell, et inde sequi
Pott deorsum usque ad viam quadrigarum quaa venit de Aikelid
recte contra Grymesdalebek, cum libero transitu in Aldolf kind et
Surmire ad averia sua, et feno et coopertorio, ad logias suas in
eisdem locis, excepta pastura infra pradictas divisas ad viginti
vaccas cum vitulis earum donee annum compleverint. Dona-
tionem etiam et concessionem quas idem Gilbertus fecit pradictis
abbati et monachis, de viis necessariis per feodum suum ubique,
ubi, extra pratum et bladum, eis utilius visum fuerit. Dona-
tionem, insuper, quam Robertas de Crammavilla fecit prafatis
abbati et monachis de toto dominico suo in Sleningford, et de
omnibus terris quas habuit in territorio ejusdem villas, cum om-
nibus pertinentiis suis, et de omnibus villanis ipsius Roberti de
eadem villa, cum oiuni sequela et omni re sua, et de molendino
ejusdem villaa cum pertinentiis, et de servitiis omnium libere
tenentium ipsius Roberti in eadem villa et Mickelhag. Dona-
tionem etiam et concessionem quas Ranulphus de Neusom fecit
dictis abbati et monachis, de septem bovatis terra cum pertinen-
tiis in Neusom juxta Kirkby-wisk, et de servitio Johannis de
Snape, de duabus bovatis et tribus acris terra3 in eadem villa,
cum redditu decem solidorum, et de uno tofto cum pertinentiis
in eadem villa. Concessionem, insuper, et confirmationem quas
Ranulphus films Roberti de Neusom fecit eisdem abbati et mon-
achis, de sex toftis et novem bovatis, et tribus acris terra cum
pertinentiis, in eadem villa. Relaxationem, etiam, et quietam
clamationem quas Robertas de Estotevill, dominus de Couseby,
films Walteri de Estotevill, fecit eisdem abbati et monachis, de
septem bovatis terra cum pertinentiis in Neusom, et de servitio
Johannis de Snape de duabus bovatis et tribus acris terras in eadem
villa, cum redditu decem solidorum. Concessionem, etiam, et con-
firmationem quas Petrus de Brus [filius Petri de Brus] fecit pra-
dictis abbati et monachis de una carucata terra cum pertinentiis in
Arneford, et relaxationem et quietam clamationem quas idem
Petrus fecit eisdem abbati et monachis, de toto servitio ejusdem
terra, quantum ad ipsum pertinebat. Concessionem, etiam, et
confirmationem quas Petrus de Brus, tertius, fecit prafatis abbati
et monachis, de omnibus terris redditibus et possessionibus quas
iidem abbas et monachi habuerunt confirmatas de antecessoribus

ipsius Petri de feodo suo, et de omnibus terris, redditibus, et
possessionibus, quas iidem abbas et monachi liabuerunt in Mers-
ton, de feodo ejusdem Petri, cum relaxatione et quieta clamatione
sectae curise de omnibus terris praenominatis. Et relaxationem,
quietam clamationem, et confirmationem quas Johannes de Ne-
vyll, filius et haeres Jollani de Nevyll, fecit praedictis abbati et
monachis, de quatuor carucatis terrae et dimidia cum pertinentiis
in Rokesby et Pikehall. Concessionem, etiam, confirmationem,
et quietam clamationem quas Helyas, filius Heliae de Treskefelde,
fecit eisdem abbati et monachis, de una carucata terrae cum per-
tinentiis in Treskefelde, et de pastura ad trescentas oves ubique
infra pasturam de Treskefelde. Ratas habentes et gratas, eas,
pro nobis et hasredibus nostris, quantum in nobis est, praefatis
abbati et monachis et eorum successoribus, concedimus et con-
firmamus, sicut cartae donatorum praedictorum, quas inde habent,
rationabiliter testantur. In cujus rei testimonium has literas
nostras fieri fecimus patentes. Teste meipso apud Eboracum
xxiiij die Februarii, anno regni nostri quinto. 1 2 b.

[Perfinem contentum in alia carta de licentia ingrediendi terras
et tenementa.~]

XIX. CARTA REGIS EDWARDI TERTII, POST CONQUESTUM, CON-
FIRMATIONIS DE MALEMORE, KYLNESAY, HAWKESWYK, ET
TOTO QUOD HABEMUS DE FEODO COMITIS ALBEMARLLE IN
CRAVEN, DE CROSTHWAIT, ET INSULA ESTHOLM, ETC.

Edwardus, Dei gratia, rex Anglias, dominus Hiberniae, et
dux Aquitania3, omnibus ad quos praesentes literae pervenerint,
salutem. Donationem, concessionem et confirmationem quas
Alicia de Rumelli, per cartam suam, fecit Deo et monachis et
fratribus ecclesiae sanctae Mariae de Fontibus, de toto jure et
calumpnia quaa ipsa Alicia, vel ejus praedecessores, unquam ha-
buerunt in Malhgmora, cum omnibus ibidem ad ipsam Aliciam
vel hasredes suos pertinentibus, in puram et perpetuam elemosi-

(1) Enrolled, Rot. Pat., 5 Edw. II., m. 18. King Edward II. granted licence to William, son
of Hugh de Castley, to alienate two messuages and two oxgangs of land in Stainburn, to the
abbot and convent of Fountains, 7th of June, 1319. Rotul. Pat., 12 Edw. II., p. 2. m. 9. Also to
Geoffry le Scrop, to alienate to them certain messuages in York, 9th Nov., 1318. Ibid., p. 1. m. 18.
Also to the prior and convent of Bolton-in-Craven, to assign to them a rent of six shillings in
Scothorp, 12th of June, 1323. Rot. Pat., 16 Edw. II., p. 2. m. 4. Likewise to Robert de Carlton,
that he might give to them three messuages, three oxgangs and four acres of land in Kirkby-
Malzeard and Azerley; and William Cokewald, of Heton, a toft and two acres of land " in Kirke-
heton juxta Bradeleye," 10th of June, 1323. Ibid., p. 2. m. 7. Licences of alienation in mortmain
granted subsequently, with the Inquisitiones ad damnum and other proceedings, will be found under
the heads of the estates to which they relate, among the charters of endowment.

OF FOUNTAINS ABBEY. 29

nam. Donationem, etiam, confirmation em et quietam clamatio-
nem quas eadem Alicia, per eandem cartam suam, fecit Deo et
monachis et fratribus praedictis, de toto servitio quod ad ipsam
Aliciam et haaredes suos pertinebat, de ilia dimidia carucata in
Kylnesay quam Edulphns et filii ejus eis dederunt, et cards suis
eonfirmaverunt, et de toto servitio quod ad praedictam Aliciam et
haeredes suos pertinebat, de terra quam iidem monachi et fra-
tres habuerunt de Gwillo filio Helte, in Haukeswike, et de libero
transitu quadrigis, averiis, et omnibus suis ubique per terrain
ipsius Aliciae, sine omni impedimento, salvo prato et blade, et de
quadraginta careatis (sic) de mortuo bosco, annuatim, ubique super
solum ipsius Aliciae, ubi praefatis monachis et fratribus magis
placitum fuerit, ad grangiam suam de Kylnesay in puram, per-
petuam, solutam, quietam, et liberam elemosinam. Concessiones
etiam et confirmationes quas Willielmus de Fortz, quondam
comes Albemarliae, per cartam suam fecit Deo et monachis pras-
dictis, de Kylnesay cum pertinentiis suis, necnon de jure quod
idem comes, vel praedecessores sui, unquam habuerunt in Malhg-
mora, cum omnibus ibidem ad ipsum comitem vel haeredes suos
pertinentibus, et de omnibus aliis terris et tenuris quas iidem
monachi habuerunt de feodo ipsius comitis in Cravena, cum om-
nibus pertinentiis et aisiamentis suis, in puram et perpetuam
elemosinam. Concessionem etiam et confirmationem quas idem
comes, per eandem cartam suam, fecit praafatis monachis, de
libero transitu quadrigis et averiis et omnibus suis ubique per
terrain ipsius comitis, sine omni impedimento, salvo prato et
blado, et de quadraginta carreatis de mortuo bosco annuatim,
ubique super solum ipsius comitis, ubi magis placitum fuerit, ad
grangiam ipsorum monachorum de Kylnesay, necnon de viginti
carreatis materiei, ad Caracas suas similiter annuatim capiendas,
super solum ipsius comitis ubicumque voluerint, in perpetuam
elemosinam. Donationem etiam et confirmationem quas Alicia
de Rumeley, filia Willielmi filii Duncanni, per cartam suam,
fecit Deo et monachis praedictis, de tota villa de Crostheweit
cum advocatione ecclesiaa ejusdem villaa de Crostheweit, et cum
omnibus aliis pertinentiis, libertatibus et aisiamentis suis infra
villain et extra, in puram, perpetuam, solutam, liberam, et quie-
tam elemosinam. Donationes etiam et confirmationes quas eadem
Alicia, per aliam cartam suam, fecit Deo et monachis praadictis,
de quadam insula in Derewentwatre, quae vocatur Estholm, cum
omnibus pertinentiis, libertatibus ct aisiamentis suis, et de libero
transitu cum navi sua eundi et redeundi usque ad ipsam insu-
lam, et libere ducendi res suas per ipsam aquam de Derewente-
watre, ubi et quando voluerint magis ad commodum suum ; necnon

de terra Adas filii Adae personae de Crostheweit, cum servitio
ipsius Ada3 quod ad eandem terram pertinet in Crosthweit, cum
omnibus pertinentiis et libertatibus suis infra villain et extra.
Concessionem etiam quam prsedicta Alicia, per eandem cartam
suam, fecit Deo et monachis praedictts, de libero transitu ubique
super solum ipsius Aliciae, praefatis monachis, hominibus, et ave-
riis suis cum rebus suis, ubi et quando necesse habuerent magis
ad commodum suum, excepto prato et blado, in puram, perpetuam,
solutam, liberam et quietam elemosinam. Eatas habentes et gra-
tas eas, pro nobis et hagredibus nostris, quantum in nobis est,
dilectis nobis in Christo abbati et conventui loci praedicti et
eomm successoribus, concedimus et confirmamus, sicut cartae
praedictae rationabiliter testantur, et prout iidem abbas et conven-
tus et prasdecessores sui, moram, servitia, terras, tenuras, villam,
advocationem et insulam praadictam tenuerunt, et transitus prae-
dictos habuerunt, ac mortuum boscum et materiem hactenus
rationabiliter percipere consueverunt. In cujus rei testimonium,
has literas nostras fieri fecimus patentes. Teste meipso, apud
Hayden, xxiiij die Julii, anno regni nostri primo. 1 Fol. 2.

XX. CART A REGIS EDWARDI TERTII, QUOD NON CEDAT NOBIS IN
PR^EJUDICIUM QUOD CONCESSIMUS OORRODIUM 2 JOHANNI DE
WALTHAM, AD REQUISITIONEM IPSIUS REGIS.

Edwardus, Dei gratia, rex Angliaa, dominus Hibernias, et
dux AquitaniaB, omnibus ad quos praasentes literaa pervenerint,
salutem. Sciatis quod, cum dilecti nobis in Christo, abbas et

(1) It is a singular circumstance that king Edward III. in confirming this charter, on the
20th of June, in the twenty-third year of his reign, states that it was granted by his father ; but
it is proved by its enrolment on the Patent roll, 1 Edw. III., p. 2, m. 5, that it was granted by
himself, and it is further shewn by the Scotch roll that he was at " Heyden-brigge," in Northum-
berland, on the day when it is dated. Rotul. Scot, vol i. p. 219. The Fine roll also confirms the
fact: EBOR. Abbas de Fontibus finem fecit cum rege, per quadraginta solidos, pro confirma-
tione habenda. T. R. apud Hayden xxiv die Julij. Rotul. Fin. 1 Edw. III., in sched. It is not
improbable, however, that the officer who prepared the confirmatory charter, was misled by the
seal of the charter dated at Hayden, for until the month of October, in the first year of the reign
of king Edward III. he used the great seal of his father, with the addition only of a small fleur
de lis above each of the towers, on the reverse. Rym. Feed. N.E. torn. ii. p. 683 ; Wailly, Elements
de Paleographie, torn. ii. p. 113 ; Archceologia, vol. xiv. p. 271.

(2) Corody is an allowance of money or meat, drink, clothing, lodging, and such like neces-
saries for sustenance. Some corodies are of common right, as every founder of abbeys had
authority to assign such in the same house for his father, brother, cousin, or other that he would
appoint. And this corody was due as well to a common person, Founder, as where the king him-
self was Founder. But where the house was holden in Frankalmoigne, there the tenure itself was
a discharge of Corody against all men, except it were afterward charged voluntarily; as where
the king would send his writ to the abbott for a Corody for such a one, whom they admit. There
the House should be, thereby, charged for ever, whether the king were founder or not. Vide Les

OF FOUNTAINS ABBEY. 31

conventus de Fontibus, concesserunt ad requisitionem nostram,
dilecto servienti efc nuntio nostro, Johanni de Waltham, qui tarn
domino Edwardo nuper regi Angliae, patri nostro, quam nobis din
et fideliter bene deservivit, quandam certam sustentationem ad
totam vitam suam, de domo pra3dicta recipiendam, prout in literis
patentibus ipsorum abbatis et conventus, communi sigillo suo
consignatis, quas idem Johannes inde habet, plenius continetur.

Nos, ipsorum abbatis et conventus securitati pro futuris tem-
poribus providere volentes in liac parte, concessimus pro nobis
et hreredibus nostris eisdem abbati et conventui, quod, concessio
sua praedicta prsefato nuntio nostro de sustentatione prsedicta,
sic ad nostram requisitionem et de eorum libera voluntate facta,
eis non cedat in pra?judicium, nee trahatur in consequentiam in
futurum, nee quod ipsi, vel eorum successores, occasione con-
cessionis praedictae, de alia sustentatione vel pensione aliis con-
cedenda, per nos vel ha3redes nostros, aliquatenus onerentur, sed
inde imperpetuum sint quieti. In cujus rei testimonium has
literas nostras fieri fecimus patentes. Teste meipso, apud Kenil-
worth, xxx mo die Septembris, 1 anno regni nostri tertio. Fol. 8.

BUM CARTARUM PROGENITORUM SUORUM, ET DE CONFIRMA-
TIONE MULT ARUM POSSESSIONUM NOSTRARUM. 2 [Ex Rotulo

Chart., 23 Edw. III., n. 5.]

Rex, archiepiscopis, episcopis, abbatibus, &c., salutem.

Inspeximus cartam quam dominus Edwardus, quondam rex
Anglire, pater noster, fecit abbati et monachis de Fontibus, in
ha3c verba. Edwardus, Dei gratia, rex Angliaa, dominus Hiber-

Term.es de la Ley, p. 183. The practice of obtaining corodies at the king's request became so bur-
then some to the Bishops and Religious houses that it was restrained within due bounds by statute
1 Edw. III., cap. 10.

By a charter, dated at Westminster, 16 April, 14 Edw. III., of which a copy is entered in the
Register of Privileges of Fountains, fol. 14b, the King also granted, for himself, his heirs and suc-
cessors, that no one, on his or their part, shall take any corn, hay, beasts, carriage, nor other
goods of bishops, abbots, priors, abbesses, prioresses, parsons, vicars, nor other people of Holy
Church, within their houses, manors, granges, nor other places within the Fees of Holy Church,
nor without, against the agreement and will of the owner of the same goods ; And, also, that we
shall not, from henceforth, charge any of the said prelates or clergy, nor their houses, to receive
hostages, nor sojourners of Scotland, nor of other countries, nor our horses, nor dogs, falcons, nor
other hawks of ours nor theirs, against their agreement and will. This charter was confirmed by
Stat. 18 Edw. III., cap. 4, and Stat. 1 Ric. II., cap. 3.

(1) xxx die Decembris. Per breve de private sigillo. Rot. Pat., 3 Edw. III. p. 2, m. 2.

(2) This is the heading of the copy entered in the Register of Privileges, fol. 3, but the
scribe, in abstracting some of the charters recited, having been unable to assign the iuspeximus
to the proper grantor, I have derived the text of the charter from the enrolled copy.

32 MEMORIALS, ETC.

nias, et dux Aquitanias, archiepiscopis, episcopis, abbatibus, &c.,
salutem. Inspexiraus cartam quam dominus Henricus, quondam
rex Anglias, &c. \_Ut supra, No. xvii. p. 24.] Data per manum
nostram, apud Eboracum, xxiiij. die February, anno regni nos-
tri quinto.

Inspeximus etiam quasdam literas patentes quas idem avus
nosier fecit eisdem abbati et monachis, in hasc verba. Edwardus,
Dei gratia, rex Anglias, dominus Hibernias, &c., et dux Aquitanias,
omnibus ad quos, &c., salutem. Donationem quam Ricardus
Malebisse fecit abbati et monachis ecclesias beata3 Marias de Fon-
tibus, &c. \_Ut supra, No. xviij. p. 25.]

Inspeximus etiam cartam quam dominus Henricus, quondam
rex Anglias, proavus noster, fecit eisdem abbati et monachis, in
hasc verba. H., Dei gratia, rex Anglias, &c. Sciatis me, ad
petitionem Willielmi de Stutevill, concessisse, &c., Deo et ec-
clesias saiictas Marias de Fontibus et monachis ibidem Deo ser-
vientibus, donationem quam Willielmus de Stutevill eis fecit,
scilicet, Caitonam cum omnibus pertinentiis suis per suas divisas
plenarias, et Grollecroft. \_Ut infra, inter cartas de Cayton.~\

Inspeximus etiam cartam quam dominus Johannes, quondam
rex Anglias, progenitor noster, fecit prasdictis abbati et monachis
in hasc verba. Johannes, Dei gratia, rex Anglias, dominus
Hibernias, &c. Sciatis nos concessisse, &c., Deo et ecclesias
sanctas Marias de Fontibus et monachis ibidem Deo servientibus,
totam terram quam Willielmus de Stutevill eis dedit cum cor-
pore suo, scilicet illam quam habuit in Kerkeby-Useburn, &c.
\_Ut infra, inter cartas de Kirkby-Useburn.~]

Inspeximus etiam aliam cartam quam idem Johannes, pro-
genitor noster, fecit eisdem abbati et monachis, in haec verba,
Johannes, Dei gratia, rex Anglias, &c. Sciatis me concessisse,
&c., abbati et monachis de Fontibus, Wattendelan et Langes-
trohe cum omnibus pertinentiis suis quas Alicia de Rumilly, filia
Willielmi filii Dunekani, eis dedit, &c. [ Ut infra, inter cartas de
Allerdale.~]

Inspeximus etiam cartam quam dominus Edwardus, quondam
rex Anglias, pater noster, fecit eisdem abbati et monachis, in hasc
verba. Edwardus, Dei gratia, rex Anglias, &c. Inspeximus
scriptum quod Isabella de Fortibus, quondam comitissa Albe-
marlias et Devonias et domina Insulas, fecit Deo et monachis
ecclesias beatas Marias de Fontibus in hsec verba. Universis
Christi fidelibus prassens scriptum visuris vel audituris, Isabella
de Fortibus, comitissa Albemarlias, &c., salutem. Noverit uni-
versitas vestra nos, &c., concessisse, et prassenti scripto nostro
confirmasse, Deo et monachis ecclesia? beata? Marias de Fontibus,

OF FOUNTAINS ABBEY. 33

villam de Staynburn cum omnibus suis pertinentiis, medietatem
villaa de Rigton, &c. \_Ut infra, inter cartas de Staynburn.~\

Inspeximus etiam quasdam alias literas patentes quas prsefatus
pater noster, fecit eisdem abbati et monachis in haec verba.
Edwardus, Dei gratia, rex Angliae, &c. Donationem, concessi-
onem et confirmationem quas Alicia de Rumely, per cartam
suam, fecit Deo et monachis et fratribus ecclesias sanctae Mariae
de Fontibus, de toto jure et calumpnia quaa ipsa Alicia, vel ejus
praedecessores, unquam habuerunt in Malhgamora, &c. \_Ut
supra, No. xix. p. 28]. Teste meipso, apud Hay den, xxiiij. die
Julij, anno regni nostri primo.

Sos autem donationes, concessiones, confirmationes, exemplifi-
cationem, relaxationes, remissiones, quietas clamationes, cognitio-
nem et assignationem praadictas, necnon donationem et confirma-
tionem quas Ricardus Malebisse, per cartam suam, fecit eisdem
abbati et monachis, de sex acris prati de Acastre, scilicet, in
Gretgate, et de uno tofto quod est propinquius tofto Walteri
Beauviez, versus le north, in puram et perpetuam elemosinam.

Donationem etiam concessionem et confirmationem quas Gal-
fridus de Buggethorp, per cartam suam, fecit praedictis abbati et
monachis, de una carucata terrae in Parva-Useburn, cum toftis et
croftis, et cum omnibus pertinentiis, libertatibus et aisiamentis,
infra villam et extra, in puram et perpetuam elemosinam.

Donationem, insuper, concessionem et confirmationem quas
Rogerus Haget, per cartam suam, fecit eisdem abbati et monachis
de quatuor bovatis terras, cum duobus toftis et duobus croftis in
villis et territoriis de Parva-Useburn et de Parva-Catal, in puram
et perpetuam elemosinam.

Remissionem etiam et quietam clamationem quas idem Roge-
rus, per eandem cartam suam, fecit praedictis abbati et monachis
de sex carectatis focalis de bosco de Rys de Kirkehamerton, et
de duabus betheis per duos dies ad turbas fodiendas in Ford,
turbaria de Grrenehamerton, quas idem Rogerus annuatim per-
cipere consueverat, ex dono et permissione dictorum abbatis et
conventus. \Here follows the recital of one hundred and sixteen
other cJiarters of benefactions to the monastery.] l

(1) I have not considered it necessary to continue the recital of these grants, since copies, or
full abstracts of the whole of them, will be subsequently introduced among the charters of endow-
ment.

There is preserved in the Muniment-room at Studley-Royal, a parchment roll, twenty-three
feet long, containing copies of grants and confirmations to Fountains, with the names of the wit-
nesses omitted, which was apparently compiled for the information of the Chancery officers who
prepared this royal charter. Dr. Burton quotes it occasionally in the Monasticon Eboracense as
" the long roll of parchment penes M. Messenger Armig." It is endorsed, in a contemporary hand,
" Transcripta cartarum et confirmationum in Magna Charta Edwardi tertii a conquestu Anglic,
ex inspectione fratris Robert! de Monketon, abbatis," and the same inscription is placed at tlw
D. VOL. II.

34 MEMORIALS, ETC.

Katas habentes et gratas, eas, pro nobis et haeredibus nostris,
quantum in nobis est, dilecto nobis in Christo, nunc abbati loci
prasdicti, et successoribus suis, concedimus et confirmamus, sicut
carta? et scripta prsedicta rationabiliter testantur. In cujus, &c.
Teste rege, apud Westmonasterium, xx die Junii.

Per finem, sex marcarum solut. in hanaperio.

XXII. PRO ABBATE DE FONTIBUS, DE EXONERANDO IPSUM DE

AUXILIO. [Ex placit. coram Baron, de Scacc. de anno
27 Edwardi tertii, 1353, rotuL 40, 41, 42.]

Adlmc de crastino Hillarii, anno xxmi regis Edwardi tertii
incipiente. 1

Dominus rex mandavit hie breve suum de magno sigillo suo,
quod est inter Communia de hoc Termino, 2 in hsec verba. Ed-
wardus, &c., Thesaurario et Baronibus suis de Scaccario, salutem.

head of the roll, with the addition of the sentence, " cujus anima in pace requiescat." Though
the whole of the heading has been so smeared with galls as to render it impossible to decide
whether these words have been inserted or not, it may be inferred from the context that such was
the case, and that this " Magna Charta" was obtained during the abbacy of Monkton, which
extended from the year 1346 to 1369, and is identical with the charter above. The roll contains
one hundred and sixty-four charters, and of these, one hundred and one are inspected and con-
firmed in this charter of 23 Edward III. It is not obvious why the rest were rejected or with-
drawn, but sufficient evidence, that the one was based upon the contents of the other, is afforded
by the fact that, after the twelfth recital in the royal grant, corresponding with the charter No. 29
on the roll, the same sequence or rotation of the several instruments is preserved throughout-
broken only here and there by charters omitted in the king's confirmation and both conclude
with the same document. At the foot of the roll, the following entry occurs, which, when perfect,
probably explained the reason why all the preceding charters were not inspected, and, in its

present state, the chief purpose for which the confirmation was required : " tails clausa

in fine cartoe domini regis ponitur, non confirmantur"

" Donationes, insuper, concessiones, confirmationes, et quietas clamantias quas habent de qui-
buscumque donatoribus, concessoribus, confirmatoribus et quietis clamatoribus suis, in quibus-
cumque locis fuerint, ratas habentes et gratas, eas, pro nobis et haeredibus nostris, quantum in
nobis est, prarfatis abbati et monachis et eorum successoribus, in puram, liberam, et perpetuam
elemosinam, concedimus et confirmamus imperpetuum."

This is evidently the form in which the monks wished that the operative clause of the con-
firmation should be drawn. Now, at the time when the subject was under consideration, they were
ob}ecting to the payment of certain Aids to the King, on the ground that they held the lands from
which they were demanded in Frank almoign, which was a discharge of such payments. The
Charter of the 20th June, 1350, merely confirmed the grants which it recited ; but the clause just
quoted, proposed that they should also be conceded and confirmed, " in puram, liberam et perpetuam
elemosinam." After proceedings in the Court of Exchequer, detailed in the ensuing record in the
text, this claim with a nominal exception was affirmed ; but it appears from this memorandum,
that when the " Magna Charta" was solicited, in 1350, the monks had intended to have procured
an exemption through the Royal prerogative which they were left to obtain, in 1353, by the or-
dinary process of the law.

(1) The issue was, the liability of the abbot of Fountains to pay Aids to tbe King, in respect
of the tenure of certain lands affirmed by the abbot to be holden in Frank almoign.

(2) Rotul. xxixo, inter Brevia directa Baronibus de termino S. Michaelis, anno xxvij R.
Edwardi tertii.

OF FOUNTAINS ABBEY. 35

Ex parte dilecti in Christo, abbatis de Fontibus, nobis est osten-
sum quod, cum ipse per cartas progenitorum nostrorum quondam
regum Angliae teneat, ipseque et praedecessores sui, abbates loci
prasdicti, a tempore confectionis cartarum prsedictarum hucus-
que tenuerint, omnia terras et tenementa sua in Heton, Kirkeby
Malassart, Bramelay, Growelthorp, Staynburn, Riggeton, Whyx-
lay, Grenehamerton, Merston, Munketon, Thressefeld, Ilkelay,
Heton, Haukeswyk, Conyngston, Malghom, Arneclyff, Litton,
Galhagam, Grenebergh grange, Kirkeby- Wysk, Melmorby juxta
Wath, Couton, Aldeburgh, Rokeby, Pykal, Aynderby, Mel-
moreby, Renyngton, Middelton, Aynderby, Dysford, Sandhoton,
Neusom, Thorneton in mora, et Buskeby in comitatu Eboracensi,
in perpetuam elemosinam, de auxiliis quieta, prout in eisdem cartis
plenius continetur. Et licet idem abbas, et praedecessores sui, abba-
tes loci praedicti, a tempore confectionis cartarum prsedictarum, qui-
eti fuissent de auxilio ad primogenitos filios eorumdem progenito-
rum nostrorum, milites faciendos, et ad primogenitas filias suas ma-
ritandas, usque ad annum domini Edwardi quondam regis [regni] 1
Anglise, avi nostri, xviij, 2 quo anno collectores auxilii eidem avo,
ad primogenitam filiam suam maritandam concessi, se in compoto
suo ad idem 'Scaccarium, de terris et tenementis ejusdem abbatis
in eisdem villis, de quadraginta et duobus solidis et quatuor de-
nariis, onerarunt, de quibus xlij solid, et iiij denar. nuper vice-
comes noster Eboracensis [se] ad idem Scaccarium super Compo-
tum [suum] postmodum oneratus fuit. Yos, tamen, ipsum abbatem
pro xiZi. xvjs. vijd. ^. 3 pro terris et tenementis suis in villis prasdictis,
eo quod collectores auxilii nobis ad primogenitum filium nostrum
militem faciendum nuper concessi in partibus de Northrything
et Westrything in comitatu praedicto, se in Compoto suo de dictis

(1) Communia, ut supra.

(2) An aid for knighting an eldest son , or the marriage of an eldest daughter of the lord, were
among the incidents of knight's service. On the 1st June, 18 Edw. I., 1290, the Parliament granted
an aid of forty shillings from each knight's fee in the kingdom for the marriage of the king's
eldest daughter. When his sister was married to the king of Scotland, her father had received only
two marks from each knight's fee, but on this occasion it was conceded " quod dominus rex
percipiat et habeat de quolibet f eodo militari quadraginta solidos, hac vice, plenarie et integre ;
ita tamen quod alias non cedat eis in prccjudicium vel consuetudinem." Rot. Parl., v. i. p. 25.
Parl. Writs., ed. Palgrave, vol. i. p. 20. The aid was not, however, collected until the King by Let-
ters Patent, dated 7th Nov., 30 Edw. I., after reciting the grant, and that the collection had been
hitherto graciously suspended for the greater ease of the commonalty, empowered the Sheriffs
and others to collect the same. Rot. Parl., vol. i. p. 266. By the Statute of Westminster the 1st,
3 Edw. I., cap. 36, the unreasonable and extortionate demands of the lords in levying these aids
were restrained, and the sum due from a knight's fee was limited to twenty shillings, an enact-
ment which was extended by Stat. 25 Edw. III., cap. 11, to every knight's fee, held, without
mesne, of the Crown.

(3) This sum has been written here and subsequently in the record, on an erasure, and has
boo)i altered from V2H. 4*. W. qa,as it appears on the copy of the writ entered on the Memoranda
Boll, cited above.

3(3

xi/z. xvis. vijd.q., pro certis feodis militum in villis prsedictis,
pro auxilio praedicto nobis solvendo jam de novo onerarunt,
per summonitionem Scaccarii praedicti graviter distringi et mul-
tipliciter inquietari facitis, in ipsius abbatis dispendium non mo-
dicum et gravamen, et contra tenorem cartarum praedictarum ;
super quo nobis supplicavit sibi de remedio provideri. Nos, nolentes
ipsum abbatem indebite onerari in hac parte, vobis mandamus
quod, visis cartis prasdictis, si, per inspectionem earundem, vobis
constare poterit ipsum abbatem omnia terras et tenementa sua in
villis pra3dictis, in perpetuam elemosinam, quieta de auxiliis,
tenere; scrutatisque rotulis et memorandis scaccarii praedicti, si,
per inspectionem eorumdem, aut alio modo legitimo, vobis con--
stare poterit ipsum abbatem et praedecessores suos prsedictos dicta
terras et tenementa de auxiliis ad primogenitos filios eorum-
dem progenitorum nostrorum milites faciendos, et ad primogeni-
tas filias suas maritandas, usque ad dictum annum xviij, quieta
tenuisse, ut praedictum est, et de dicto auxilio nobis, pro terris et
tenementis ejusdem abbatis in villis praedictis, de jure onerari non
debere, tune, exactioni sibi factae de prasdictis xi libris, sexdecim
solidis, septem denariis et uno quadrante, pro eodem auxilio nobis
concesso, pro terris et tenementis praedictis solvendis, supersederi,
et ipsum hide ad idem Scaccarium, prout justum fuerit, exonerari
et quietum esse facere, non obstante quod praefatus vicecomes in
compoto, de dictis xlij solidis et quatuor denariis, a praefato ab-
bate, pro dicto auxilio eidem avo nostro concesso, exactis, ad
idem Scaccarium oneratus fuit, ut praedictum est. Teste meipso,
apud Westmonasterium, primo die Decembris, anno regni nostri
Angliae vicesimo sexto, regni vero nostri Franciae tertio decimo. l
Et modo, ad Crastinum sancti Hillarii, venit hie praedictus
abbas per Johannem de Swaton, attornatum suum, et dicit
ipsum graviter districtum esse per vicecomitem Eboracensem pro
xifo'. xvis. vijd,^' de auxilio regi mine, die Lunae proxima
post festum Nativitatis beatae Marias, anno vicesimo concesso, ad
primogenitum filium suum militem faciendum, 2 ratione terrarum

(1) There is added to the copy on the Memoranda Roll, "Hoc breve allocatur in Magna
Rotulo de anno xxvj in JSbor."

It appears from the Memoranda Roll of the King's Remembrancer, 22 Edw. III., rotul. 4,
that, in Michaelmas term in that year, the King, at the instance of the abbot of Fountains, issued
a writ, tested at Worcester, 4th October, anno regni 21, to the Treasurer and Barons of the Ex-
chequer, of a similar character to the present. The abbots of St. Mary's York, Jervaux, Cover-
ham, and of several other houses, were pleading at the same period to be exonerated from the
payment of Aids.

(2) It would appear therefore that this aid for knighting Edward the Black Prince was
granted on the first day of the meeting of the Parliament, " tenuz a Westminstre le Lundy pros-
chein apres la Feste de la Nativite Nostre Dame." Rot. ParL, vol. ii. p. 157. The king had sailed
from England on the 4th July, on the expedition to France, which resulted in the battle of Cressy

OF FOUNTAINS ABBEY. 37

et tenementorum suorum in villis prasdictis superius in brevi spec-
ficatis, et hoc injuste; quia elicit quod ip$e, tempore concessionis
auxilii praedicti et diu antea, tenuit et adhuc tenet omnia terras
et tenementa sua, in villis praedictis, in perpetuam elemosinam,
libera et quieta de hujusmodi auxiliis et scutagiis, per cartam
regis Ricardi, progenitoris regis mine, quam ostendit curias, et
quas irrotulatur alibi in hoc rotulo, cujus data est apud Rupem
Audelas, xvij die Novembris, (sic) anno primo ipsius regis Ri-
cardi. 1 In qua, inter alia, continetur quod, idem rex Ricardus, per
cartam suam praedictam, concessit et confirmavit Deo et ecclesias
sanctae Mariae de Fontibus, et monachis ibidem Deo servientibus,
in perpetuam elemosinam, omnia terras et tenementa sua cum
omnibus aisiamentis et libertatibus ad ea pertinentibus, et gran-
gias suas in Heton, Kirkeby, Bramelay, Galhagam, Hamerton,
Haukeswyk, Conyngeston, Malghom, Arneclyf, Greneberga,
Kyrkeby-wysk, Couton, Aldeburgh, Middelton, Aynderby, Dys-
ford, Heton et Buskeby, et quicquid habuerunt de feodo Rogeri
de Moubray vel Willielmi de Perceyo, seu quorumlibet aliorum,
per eorum donationem vel venditionem vel confirmationem, sicut
in eorum cards continebatur; Quare voluit et firmiter praecepit,
quod praedicti monachi haec omnia praedicta, libere, quiete, paci-
fice, integre, et honorifice haberent et tenerent in perpetuam ele-
mosinam, cum omnibus pertinentiis suis, quieta de auxiliis et
scutagiis et omnibus tallagiis. Et petit idem abbas de summis
praedictis, ab ea sic exactis de auxilio praedicto, exonerari et
quietus fieri, juxta tenorem brevis et cartae supradictorum.

Et super hoc, facto scrutinio rotulorum, &c., compertum est
in Magno Rotulo de anno xxv to , in Eborascira, quod, xifo'. xvjs.
vijdf. (f exiguntur de abbate de Fontibus, de auxilio praedicto,
videlicet, xiijd. <f> pro quatuor bovatis terras in Heton, unde
xviij carucatae faciunt feodum; ijs. vjd, pro quinque bovatis
terras in Kyrkeby-Malassart, unde x carucatae faciunt feodum;
vs. iiij<^., pro duabus partibus duarum carucatarum terras in eadem
villa; vjs., pro una carucata et dimidia terras in Bramley, unde
x carucatae faciunt feodum; ijs. pro una carucata terrae in Galha-
gam, unde x carucatas faciunt feodum; viijs., pro duabus caruca-
tis terrae in Growelthorp, hameletto de Kyrkeby-Malassart, unde

(Froissart, lib i. p. 124) ; and on the day of the Nativity of the Virgin, the bishop of Durham and
others wrote from Calais to the whole estate of Parliament, "qe nostre Seignur le Roi, a son
arrivall a la Hoges en Normandie, fist son eisne fitz le Prince de Gales, chivaler, & pur celle causo
il doit avoir 1'eide de son Roialme qi appertient en tieu cas ; C'est assaver, xl.?. de chescun Foe de
Chivaler, a quen chose nous assentons tant come en nous est ; &c." Rotul. Par!., v. ii. p. 163.

(1) Enrolled with the Plea forming the text, " In quindena Sancti Martini anno 2~> rotul.
32," as inspected by king Edward I. (No. 14, p. 21.)

x carucatae faciunt feodum; xiijs. iiijdf., pro quatuor carucatis
terras in Staynburn, unde x carucatae faciunt feodum; vjs. vhjY/.,
pro duabus carucatis terrae in Rygeton, unde x carucatae faciunt
feodum; iijs. iiijd., pro una carucata terras in Quyxlay, unde xij
caruc. faciunt feodum; iijs. iiijd. pro una caruc. terras in Grene-
hamerton, unde xij carucatae faciunt feodum; vijs. vijrf., pro
duabus car. terras in Merston, unde x car. dimid. faciunt feo-
dum; xviijd., pro una car. terrae in Munketon, unde xxvij car.
faciunt feodum ; xvijd. g a -' pro dimidia car. terras in Ilkelay,
unde xiiij car. faciunt feodum; ijs. xd. ob., pro una car. terras in
Heton, unde xiiij car. faciunt feodum; ijs. xd.ob., pro una car.
terras in Haukeswyk, unde xiiij car. faciunt feodum; xvijd, pro
dimidia car. terrae in Conyngeston, unde xiiij car. faciunt feodum ;
xs. g"-' pro tribus car. terrae dimid. in Malghom, unde xiiij car.
faciunt feodum; iiijd. ob., pro una bovata terrae in eadem villa;
ixd.y pro duabus bovatis terrae in Lytton, unde xiiij car. faciunt
feodum; iiijs. iijd. ob., pro una car. terrae et dimid. in Arneclyf,
unde xiiij car. faciunt feodum; iiijs. iijd. ob. q '* pro una car. et
dimid. terrae in Lytton, unde xiiij car. faciunt feodum; et iiijs.
iijd. ob. q a -> pro una carucata terrae et dimid. in Thressefeld, unde
xiiij car. faciunt feodum; et xxvis. viijc?. pro octo car. terrae in
Grenebergh, in partibus de Northrythyng, unde xij car. faciunt
feodum ; et xs. pro tribus car. terrae in Kyrkeby-Wysk, unde xij
car. faciunt feodum ; et viijs. iiijd. pro duabus car. et duabus bo-
vatis terras in Melmorby juxta Wath, et duabus bovatis terrae in
Couton, unde xij car. faciunt feodum; et xs. pro tribus car. terras
in Aldeburgh, unde xij car. faciunt feodum; et iijs. iujd., pro
una car. terrae in Kokeby et Pykall, unde xij car. faciunt feo-
dum ; et xls. pro uno feodo in Aynderby , Melmorby, & Renyng-
ton; et iijs. iiijd. pro una car. terrae in Middelton, unde xij car.
faciunt feodum; et xvis. viijd pro quinque car. terrae in Aynder-
by & Dysford, unde xij car. faciunt feodum; et ijs. vj^. pro una
car. terrae in Sandhoton, unde xvij car. faciunt feodum; et vj$.
viijd. pro duabus car. terrae in Neusom, unde xij car. faciunt
feodum; et xs. pro tribus car. et dimid. terrae in Thornton-in-
Mora, unde x car. faciunt feodum ; et vis. viijd. pro duabus car.
terrae in Buskeby, unde xiiij car. faciunt feodum; sicut contine-
tur in rotulis de particulis compoti collectorum auxilii praedicti
in dictis partibus de Northrythyng, hie, in Thesaurario exis-
tentibus.

Compertum est etiam in Rotulo vij regis Edwardi, patris
regis nunc, quod xlijs. iiijd exact! fuerunt de praefato abbate de
auxilio regi Edwardo, avo regis nunc, anno regni sui xviij con-
cesso, ad primogenitam filiam suam maritandam; videlicet, iiijd. y

OF FOUNTAINS ABBEY. 39

pro quatuor bovatis terrae in Heton ; xvijd <f-> pro dimid. car.
terrae in Ilkelay; xijs. vid., pro tribus car. terrse et dimid. in
Merston; xviijrf., pro una car. terras in Munketon; ijs. xd. ob.,
pro una car. terrae in Heton ; ijs. xd. ob. pro una caruc. terrse in
Malghom ; xvijd, pro dimid. car. terrae in Conyngeston ; iiijs.
iijd. ob. q a -' pro tribus caruc. terrae in Hebeden; viijs. vijd. ob.,
pro duabus car. terrae in Malghorn; et xiijd ob.<f-' pro tribus
bovatis terrae in Preston; et iiijs. \d. ob., pro duabus car, terrae
in Horton, sicut continetur in rotulis de particulis compoti col-
lectorum ejusdem auxilii, hie, in Thesaurario, existentibus. Et
sic dicti xlijs. iiijd. exacti fuerunt de prasfato abbate, in rotulis
annualibus usque annum octavum regis Edwardi, patris regis
nunc, quo anno Johannes Malbys, tune vicecomes comitatus
Eboracensis, oneratus fuit super compotum suum, de eodem
anno, de xlijs. iiijd. praedictis, sicut continetur in praedicto rotulo
de dicto anno octavo, in Eborasdra.

Sed non est compertum penes scaccarium per hujusmodi scru-
tinium, quod collectores auxilii regi Henrico, anno regni sui xix
concesso ad maritandam Isabellam sororem suam Frederico Im-
peratori Romanorum, neque auxilii dicto regi Henrico concesso
anno regni sui xxix ad primogenitam nliam suam maritandam,
neque auxilii eidem regi Henrico anno regni sui xxxviii con-
cesso ad primogenitam filium suum militem faciendum, onera-
runt se de aliqua pecuniar summa recepta de hujusmodi auxiliis
a praefato abbate. 1 Nee quod, idem abbas seu aliquis praedeces-
sorum suorum, quicquam ad eadem auxilia, vel ad aliqua alia
hujusmodi auxilia, solverunt, ratione terrarum et tenementorum
suorum, in villis praedictis.

Et sic liquet per praemissa quod, omnia et singula loca ubi
praedictum auxilium regi nunc, concessum, a praBfato abbate
exigitur, concordant cum locis in carta praadicta specificatis,
exceptis Malassart, Grenehamerton, Sandhoton, Growelthorp,
Staynbum, Kygeton, Quyxlay, Merston, Munketon, Ilkeley,
Lytton, Thressefeld, Melmorby-juxta-Wath, Rokeby, et Pykall,
Mellemorby, Renyngton, Neusom, et Thornton-in-Mora, de qui-
bus locis nulla fit mentio in carta praedicta. Unde dictum est
praafato abbati quod, solvat summas denariorum ab eo exactas
de auxilio praedicto, ratione terrarum et tenementorum suorum
in eisdem villis. Ad quod praedictus abbas, per dictum attorna-
tum suum, dicit quod, ipse auxilium praedictum, pro terris et
tenementis suis, in dictis locis non nominatis in carta praedicta,

(1) The original documents relating to the collection of these aids are not now known to
exist. Vide D. K. Second Rep, Pub. Rec., Appx. ii. p. 136.

solvere non debet plusquam de aliis terris et tenementis suis in
aliis villis in carta praedicta specificatis. Dicit enim, videlicet,
quoad Malassart, quod Kirkeby, quae in carta praedicta nomina-
tur, et Malassart, sunt una et eadem villa, et non diverse villa?,
et aliquando vocatur Kyrkeby-Malassart, et aliquando Kyrkeby,
per se ; et quoad Grenehamerton et Sandhoton, dicit quod Hamer-
ton, per se nominata in carta pra?dicta, et Grenehamerton, sunt
una et eadem villa, et etiam Hoton et Sandhoton, et non diversas
villae. Et quoad Growelthorp, Staynburn, et alia loca praedicta,
de quibus nulla fitmentio in carta praedicta, &c., dicit praedictus
rex Ricardus, per eandem cartam concessit, voluit, et praecepit
quod, praedicti monachi tenerent et haberent in perpetuam ele-
mosinam, quietam de auxiliis, quicquid habuerunt de feodo Rogeri
de Moubray et Willielmi de Perceio, seu quorumlibet aliorum,
et dicit quod omnia terrae et tenementa quae ipse abbas tenuit,
tempore concessionis auxilii praedicti, seu modo tenet in eisdem
villis pro quibus auxilium illud ab eo exigitur, sunt de praedicto
feodo de Moubray et Perceyo, et fuerunt in possessione abbatia?
praedictae tempore confectionis cartae praedictae, videlicet, xvii die
Septembris, anno primo ipsius regis Ricardi. l Adjiciendo ipsum
seu aliquem praedecessorum suorum aliqua terras seu tenementa
in villis seu locis praedictis vel aliquibus eorundum, post dictum
xvii diem Septembris, non adquisivisse. Nee ipsum aliqua terras
seu tenementa in aliquibus locis praedictis, tarn nominatis in
carta, quam non nominatis, tenere per feodum militare, vel per
partem feodi militis. Nee tempore concessionis auxilii praedicti,
tenuisse. Et haec omnia praetendit verificare, &c. Et petit ut
prius, &c.

Et habita inde deliberatione, &c., Concordatum est quod in-
quirendum inde antequam, &c. Et si idem abbas, dicto anno
vicesimo regis nunc, seu dicto xvii die Septembris anno primo
dicti regis Ricardi, progenitoris regis nunc, habuit seu modo
habeat aliqua terra sen tenementa in villis seu locis praedictis,
praeter ea quae continentur in cartis praedictis, et quae fuerunt de
possessione domus suae praedictae, tempore confectionis dictae
cartae regis Ricardi, progenitoris regis nunc, et si sic, tune quas
terras et quae tenementa, et ubi, et per quod servitium ea tenet.
Et praeceptum est vicecomiti quod venire faceret, hie, a die
Sancti Hillarii in xv dies, duodecim, &c., de visneto 2 villatarum

(1) Lands and tenements in all the places in question Kirkeby-Malasart, Grenehamerton
and Sandehoton being also mentioned by these names are included in the charter of Richard I.,
dated 9th November, anno regni 10, which confirms to the monks of Fountains all their es-
tates, to be held in Frankalmoigne and discharged of Aids.

(2) " It should be vicineto : Vicinetum is derived of the word Vicinus, and signifieth neigh-

OF FOUNTAINS ABBEY. 41

et locorum praedictorum, quorum quilibet, &c., per quos, &c., qui
nee, &c., ad recogn., &c. Et idem dies datus est abbati. Et
interim respect., &c.

Ad quern diem praedictus abbas venit, per pra3dictum attorn a-
tum suum, et vicecomes retornavit breve et nomina juratorum,
&c. , et ipsi non venerunt. Ideo datus est dies eidem abbati ulte-
rius a die Paschae in xv dies. Et praaceptum est vicecomiti quod
distringat juratores, &c. Et praeter illos octo tales, &c. Ita,
&c., ad eundem diem, vel interim, coram Thoma de Fencotes et
Willielmo Basset, vel altero eorum, Justiciariorum regis ad
assisas in comitatu praadicto capiendas assignatorum, per literas
regis Patentes, ad Inquisitionem illam capiendam, ad certos dies
et locum quos, &c. Ita quod Inquisitionem illam habeant, hie,
ad praedictam xv am> Paschae.

Ad quern diem praedictus abbas venit. Et praadictus Thomas
de Fencotes liberavit hie, quandam Inquisitionem, coram eo apud
Ripon, die Martis proximo ante festum sancti Ambrosii, anno
xxvii regis nunc, super praemissis captam per sacramentum Jo-
hannis Vavasour de Neuton, Johannis Aldefeld, et aliorum jura-
torum, quorum nomina annotantur in panello brevis. Qui dicunt
supra sacramentum suum quod, Kyrkeby-malassart et Kyrkeby
sunt una et eadem villa, et non diversae villae, et aliquando voca-
tur Kyrkeby-malassart et aliquando Kirkeby per se, et quod illud
verbum Malassart non est nisi quaadam adjectio praedictae villae
de Kyrkeby. Et quod Hamerton et Grenehamerton sunt una et
eadem villa, et non diversaa villae, et aliquando vocatur Gren-
hamerton, et aliquando Hamerton per se, et quod illud verbum
Gren, non est nisi quaadam adjectio praedictae villae de Hamerton.
Et quod Hoton et Sandhoton sunt una et eadem villa, et non
diversae villae, et aliquando vocatur Sandhoton et aliquando Hoton
per se, et quod illud verbum Sandy non est nisi quaadam adjectio
predictaa villae de Hoton. Dicunt etiam quod omnia terrae et
tenementa in Growelthorp, Staynburn, et aliis locis, de quibus
nulla fit mentio in carta regis Eicardi, sunt de feodo de Mou-
bray et Perceyo, et fuerunt in possessione abbatiae praedictaa
tempore confectionis cartae praedictae, per quam quidem cartam
praedicti abbas et praedecessores sui omnia praedicta terras et tene-
menta in praedicto recordo contenta, hucusque tenuerunt in libe-
ram, puram, et perpetuam elemosinam, quieta de omnibus auxiliis
et secularibus servitiis. Quaasiti si praedictus abbas, vel aliquis
praedecessorum suorum, aliqua terras seu tenementa in praedictis

bourhood, or a place near at hand, or a neighbour place. And the reason wherefore the Jury must
be of the neighbourhood, is for that Victatu facto vicini prcesumitur scire, all which is implied in
this word."- Co. Lift. i. 234.

villis seu locis vel aliquibus eorumdem, quovis modo adquisivit,
post datam prediotee cartaa regis Ricardi sio eis factse, quaa per
servitium militare vel per partem feodi militis tenebantur. Dicunt
quod non. Quaesiti si praadictus abbas vel aliquis praadecessorum
suorum miquam aliquando solvit ad auxilium pro primogenito
filio regis militem faciendo, vel pro primogenita filia regis mari~
tanda. Dicunt quod non.

Et super hoc, praadictus abbas petit judicium, &c. Et quia
visum est curias expediens esse quod antequam procedatur ad
judicium in praarnissis, quod certioretur quaa et cujusmodi terras
et tenementa idem abbas teneat in villis praadictis de feodis praa~
dictis, et per quaa facta. Unde dictum est ei quod dicta facta
ostendat curias, si, &c. Ad quod, idem abbas dicit quod ilia facta
non habet ad praasens, &c. Et petit diem citra quern, &c. Et
super hoc datus est ei dies in Crastino sancti Johannis Baptistae,
ad cartas suas de feoffamento inde ostend. et ad ulterius faciend.
quod curia, &c.

Ad quern diem praadictus abbas venit per praadictum attorna-
tum suum et ostendit curiaa tredecim cartas diversorum feoffato-
rum, qui tenuerunt de feodis de Moubray et Perceyo, quaa irro-
tulantur in rotulis sequentibus, 1 quarum prima data est circa

(1) Sixteen charters of different feoffees are enrolled at full length on the 43rd and 44th
rolls of the record, and purport as follows :

1. Roger de Hubray, son of William de Mubray, confirmed all the lands, rents, and posses-
sions of the convent in his fee of Wynkesley, Thorp, Kirkebyshyre, and Mildeby.

2. Isabella de Fortibus, countess of Albemarle and Devon., confirmed grants of the vill of
Stainburn with half the vill of Rigton, &c.

3. John, son of Henry de Hamerton, confirmed the gift of John, his grandfather, of one caru-
cate of land in Quickeslaia, also of two oxgangs of the gift of his aunt Cicely, and of a toft in
the same vill which had been granted by his father.

4. Peter Bruce, the third, confirmed all lands which the abbey of Fountains had of the con-
firmation of his father, or other ancestors, of his fee and all within it which they held in the vill
and territory of Marston.

5. Richard de Holethorp gave a carucate of land in Munketon.

6. Gilbert, son of Reinfrid, acknowledged a rent to be payable out of a carucate of land in
Munkton.

7. Richard de Percy gave the vill of Litton, with all his bondmen there, and the valley of
Littondale, as defined by bounders.

8. Helias, son of Adam de Threskefeld, confirmed six oxgangs of land in Treskefeld, and
quitclaimed certain rents.

9. John de Marmyon released the homage for certain tenements in Melmerby, 15 Kal.
April, 1298.

10. Avice Marmyon released her claim in four carncates of land in Melmoreby.
11. John, son and heir of Jollan de Nevyll, quitclaimed all his right in all lands which the
monks had of the gift of William le Fraunceys and others in Rokesby and Pykehale, 1265.
12. Alan de Arches confirmed certain lands in Rainton. A.D. 1236.

13. Ranulph de Neusum gave all that he had in Neusum-juxta-Kyrkebywiske, as well in
demesne as in service. A.D. 1269.

14. Ranulph, son of Robert de Neusum, confirmed six tofts, nine oxgangs, and three acres of
land in the vill and territory of Neusum, which the monks had of the gift of Ralph de Neusum,
his grandfather. He confirmed also all that they held of his fee.

OF FOUNTAINS ABBEY, 43

Nativitatem beati Johannis Baptists anno gratias M cc LV to -, in
qua, inter alia, continetur quod Rogerus de Mubray, filius Willi-
elmi de Mubray, concessit & confirmavit prasfatis monachis, &c.
Et petit judicium super praemissis, &c.

Et super hoc, recitato processu praedicto, et habita inde delibe-
ratione, consideratum est quod praedictus abbas, de xifo'. xiiis.
viijd. quam de praedictis xili. xvis. vijd. cf" exoneretur et quietus
existat, praetextu praemissorum, et quod, de residuis ijs. xjd. qf*-
rernaneat oneratus pro terris et tenementis suis in Munketon et
Ilkelay, videlicet pro xviijd, in Munketon, ubi dictus abbas non
tenet terras et tenementa sua in puram et perpetuam elemosinam,
et pro xviid q a - in Ilkelay, 1 unde non ostendit curiae cartas de
tenura sua ibidem. 2

XXIII. PRO ABBATE ET MONACHIS DE FONTIBUS. [Ex Eotul.

Pat. ? 27 Edw. III., pars 2., mem. 15.]

Rex, omnibus ad quos, &c., salutem. Inspeximus quandam
cartam quam dominus Henricus, dudum rex Angliae, progenitor
noster, fecit monachis de Fontibus, in hsec verba. Henricus,
rex Angliae, et dux Normannias et Aquitaniae, et comes Andega-
viae. \_Ut antea, No. iii. p. 3.]

Inspeximus etiam quasdam literas patentes quas Celebris me-
moriae dominus Edwardus, rex Angliae, avus noster, fieri fecit in
liaec verba. Edwardus, Dei gratia, &c., salutem. Inspeximus
cartam Celebris memoriae domini Ricardi, regis Angliae, [ut antea,
No. viii. p. 8]. Quam quidem cartam, propter rupturam sigilli,

15. Walter de Beauvaiz gave an oxgang of land in Thornton-on-the-Moor, which his lord,
Richard Malebisse, has given him.

16. Richard Malebisse gave all the land which he had in Thornton, and all the men dwelling
on the same.

(1) The abbot held here half a carucate of land, given by Robert de Skeggenese, " in per-
petuam elemosinam reddendo inde annuatim unarn libram cymini, vel vid., ad festum Bancti
Botulphi, et faciendo forinsecum servitium, quantum pertinet ad dimidiam carucatam terras in
predicta villa, pro omni servitio et omni re ad terrain pertinente." Coucher Book, fol. 996.

(2) " Abbas de Fontibus debet xxxijs. viijrf. ob. de auxilio Regi, ad primogenitum filium
suum militem faciendum, concesso anno xx, pro tribus xxxiiijta parte et xl* parte unius feodi in
Ilkclay, Hoton, et aliis villis, sicut continetur in rotulis principalibus. Et Ixs. viijrf. qa de eodem
auxilio, pro 1 feod. di. et Ixa parte feodi in Heton, Kirkeby-Malesart et aliis villis, sicut conti-
netur ibidem. Et vijJz. iijs. ijd. ob., de eodem auxilio, pro iij feod., di., xx xl et quarta parte
xle partis unius feodi militis in diversis locis ibidem. Summa xKi. xvj*. vijd. qa. Sed non debet
summoniri de xjli. xiijs. viijd. qa, inde per breve regis irrotulatum in memorand. de anno xxvijo.
Regis hujus, termino Michaelis, et per processum inde habitum, et per considerationem Baronum
annotatam in Rotulo placitorum de anno xxvij - Regis hujus, inter Placita de termino Hillarij.
Et debet ijs. xjd., videlicet, xviijd. in Munketon, ubi non tenet terras et tenementa in puram et
perpetuam elemosinam, et xvijd. qa, in Ikelleye." Magn. Rotul. Pipce, 27 Edw. III., Resid. Ebor.

&c. In cujus, c. T. R. apud Karliolum, duodecimo die Apri-
lis, anno, Ac. 35 [No. xiv. p. 21.] 1

Nos autem concessiones et confirmationes prasdictas ratas ha-
bentes et gratas, eas, pro nobis et haeredibus nostris, quantum in
nobis est, nunc abbati et monachis dicti loci de Fontibus, et
eorum successoribus approbamus et confirmamus, sicut cartae et
literae praedictae rationabiliter testantur, et prout ipsi et eorum
praedecessores terras, tenementa, abbatiam, et grangias pnedicta,
hactenus rationabiliter tenuerunt, et libertatibus et quietanciis
pragdictis rationabiliter usi sunt et gavisi. In cujus, &c. T. R.
apud Westmonasterium, xxx- die Maii.

Pro una marca regi soluta in Jianaperio.

XXIV. PRO ABBATE ET CONVENTU DE FOUNTAYNES. [Ex Rotul.

Memorand. in Scacc, 27 Edw. III., inter " Brevia directa
Baronibus de termino sanctae Trinitatis, annno 27 regis Ed-
wardi tercii a Conquestu."]

Rex, Thesaurario et Baronibus suis de Scaccario, salutem.
Yolentes certis de causis certiorari si abbas et conventus de
Fountaynes aliqua terras sen tenementa teneant de nobis in
capite, et si ipsa abbathia de Fountaynes de fundatione aliquo-
rum progenitorum nostrorum existat, vobis mandamus quod,
scrutatis rotulis et memorandis scaccarii praedicti praemissa tan-
gentibus, nos de eo quod inde inveneritis reddatis in Cancellaria
nostra, sub sigillo scaccarii praedicti, distincte et aperte, sine
dilatione, certiores, hoc breve remittentes. Teste me ipso apud
Westmonasterium, tercio die Julii, anno regni nostri Anglias
vicesimo septimo, regni vero nostri Franciae quartodecimo.

Hoc breve remittitur Cancellario indorsatum sic. Scrutatis
rotulis scaccarii, pretextu hujus brevis, non est compertum in
eisdem quod abbas et conventus de Fountaynes tenent aliqua
terras seu tenementa de rege in capite, nee etiam quod abbathia
de Fountaynes sit de fundatione aliquorum progenitorum regis.

XXV. CARTA REGIS EDWARDI TERTII, DE PERPETUA EXONERA-
CIONE CORRODII, EX CERTA SCIENTIA IPSIUS REGIS.

Edwardus, Dei gratia, rex Angliae et Franciaa et dominus

(1) This is the charter of king Bichard I., cited in the Plea of the Court of Exchequer,
(page 37) which was pending when the present confirmation was obtained and enrolled with the
pleadings.

OF FOUNTAINS ABBEY. 45

Hiberniae, omnibus ad. quos prsesentes literae pervenerint, salutem.
Sciatis quod, cum nuper pro eo quod dilecti nobis in Christo
abbas et conventus de Fontibus concesserunt, ad requisitionem
nostram, Johanni de Waltham, nuper imntio nostro, jam de-
functo, quandam sustentationem ad totam vitam suam, de domo
sua praedicta recipiendam, volentes securitati ipsorum abbatis et
conventus providere in hac parte, concesserimus, pro nobis et
ha^redibus nostris, eisdem abbati et conventui quod concessio sua
praedicta, prasfato nuntio nostro de sustentacione praedicta, sic ad
nostram requisitionem et de eorum libera voluntate facta, non
cederet eis in prejudicium nee traheretur in consequentiam in
futurum, nee quod ipsi vel eorum successores, occasione conces-
sionis praedictae, de alia sustentatione vel pensions aliis conce-
denda per nos vel haeredes nostros aliqualiter onerarentur, sed
inde imperpetuum essent quieti, et nos, postinodum, non obstan-
tibus eisdem literis, mandaverimus praefatis abbati et conventui
quod Johanni de Chirteseye, servienti nostro, talem sustentati-
onem de domo sua praedicta, qualem praedictus Johannes de
Waltham, ad rogatum nostrum, habuit in eadem concederent.

Et quia, scrutatis rotulis, tarn de cancellaria quam de scac-
cario nostris, non est compertum quod praedicti abbas et con-
ventus tenent aliqua terras seu tenements de nobis in capite, nee
quod abbatia de Fontibus est de fundatione aliquorum progeni-
torum nostrorum, per quod ad hujusmodi sustentationem conce-
dendam teneantur.

Nos, eo pretextu, volentes tranquillitati et quieti ipsorum
abbatis et conventus, ne ipsi vel eorum successores, per sinistram
suggestionem, vel procurationem aliquorum hujusmodi occasione
sustentationis, vel pensionis, ad mandata nostra vel haeredum
nostrorum concedendae, praegraventur in futurum, uberius provi-
dere, ex habundanti et ex certa scientia, eosdem abbatem et
conventum, de sustentatione praedicta, praedicto Johanni de
Chirteseye, seu cuicumque alii personae, ad mandata nostra vel
haeredum nostrorum, de caetero, concedenda, pro nobis et haeredi-
bus nostris exoneramus per praesentes. Volentes et concedentes,
pro nobis et haeredibus nostris, quod praefati abbas et conventus
et eorum successores, de hujusmodi sustentatione sive pensione,
sint quieti imperpetuum. In cujus rei &c. Teste meipso apud
Westmonasterium, xxii die Julij, anno regni nostri Anglia3
vicesimo septimo, regni vero nostri Franciae decimo quarto.

Fol 8.
[Per ipsum Regem, nuniciante Ricardo de Norwico.~\ l

(1) Enrolled on Rot. Pat., 27 Edw. III., p. ii. m. 18.

XXVI. PEG ABBATE DE FONTIBUS EX EXEMPLIFICATIONS. [Ex

Eotul. Pat, 36 Edwardi III, pars ii. m. 17.]

Rex, omnibus ad quos &c. salutem. Inspeximus cartam
Celebris memoriae domini Ricardi, dudum regis Anglias, pro-
genitoris nostri, in haec verba. Eicardus, Dei gratia, rex Anglic.
\_Ut supra. No. viii. p. 8.]

Nos, autem, cartam praedictam, ad requisitionem dilecti nobis
in Christo, nunc abbatis loci praedicti, duximus exemplificandam,
per praesentes. In cujus &c. Teste rege, apud Westmonaste-
rium, xxix die Octobris.

DE CONFIRMATION REGIS

EDWARDI TERTII. [Ex Rotul. Chart., 40 Edwardi III.,
n. 8.

Rex eisdem, salutem. Inspeximus literas patentes Celebris
memorise domini Edwardi, nuper regis Angliae, avi nostri, in
haec verba.

Edwardus, Dei gratia, rex Anglise, &c. Inspeximus cartam
Celebris memoriae domini Ricardi, quondam regis Anglise, pro-
genitoris nostri, in haec verba. Ricardus, Dei gratia, &c. [ Ut
supra, No. viii. p. 8.] Quam quidem cartam, propter rupturam
sigilli eidem cartes appositi, de verbo ad verbum, duximus per
prassentes exemplificandam. In cujus rei &c. Teste meipso,
apud. Karliolum, duodecimo die Aprilis, anno regni nostri
tricesimo quinto. [No. xiv. p. 21.]

Nos, autem, concessiones et confirmationes praedictas, ratas
habentes et gratas, eas, pro nobis et hasredibus nostris, quantum
in nobis est, approbamus, et dilectis in Christo, nunc abbati et
monachis loci prsedicti et successoribus suis, tenore praesentium
confirmamus, prout cartse et literae praedictae plenius testantur.
i Prasterea, ob devotionem et afFectionem quas ad beatam et
gloriosam virginem Mariam, in cujus honore ecclesia abbatiae
praadictae dedicata existit, gerimus et habemus, volentes praefatis
abbati et monachis gratiam facere specialem, concessimus, et
hac carta nostra confirmavimus, pro nobis et hseredibus nostris,
eisdem abbati et monachis, quod licet ipsi vel eorum praedecessores
aliqua vel aliquibus libertatum vel quietanciarum in dictis cartis
et literis contentarum, aliquo casu emergente, hactenus usi et
gavisi non fuerint, ipsi tamen abbas et monachi et eorum sue-

OF FOUNTAINS ABBEY. 47

cessores, omnibus et singulis libertatibus et qtiietanciis in dictis
cartis et literis contentis, de caetero, plene gaudeant et utantur,
absque impedimento nostri vel haeredum nostrorum, justiciorum,
escaetorum, vicecomitum, aut aliorum ballivorum sen mmistrorum
nostrorum quorumcumque. Hiis testibus, venerabilibus patri-
bus, S. Ellen., cancellario. J. Bathon. et Wellen., thesaurario,
nostris episcopis ; Johanne, duce Lancastrian, Edmundo comite
Cantebrigiae, filiis nostris carissimis; Ricardo, Arundell. et Surr.y
Humfrido de Bohun, Herefordiae et Essexias, comitibus ; Jo-
hanne atte Lee, senescallo hospitii nostri, et aliis. Data per
manum nostram, apud Claryndon, vicesimo sexto die Junii. 1
Per breve de privato sigillo.

XXVIII. PEO ABBATE DE FONTIBUS DE CONFIRMATION. [Ex

Rotul. Pat., 3 Hie. IL, pars iii. m. 19.]

Rex omnibus ad quos, &c. Inspeximus cartam domini Ed-
wardi regis Anglia3, avi nostri, in hsec verba.

Edwardus, Dei gratia, rex Angliae, dominus Hibernian, &c.
Inspeximus literas patentes Celebris memoriaB domini Edwardi
nuper regis Anglian, avi nostri, in haec verba, Edwardus, Dei
gratia, &c. [ Ut supra, No. xxvii. p. 46.]

Nos, autem, concessiones et confirmationes supradictas ratas
habentes et gratas, eas, pro nobis et haeredibus nostris, quantum
in nobis est, acceptamus, approbamus, ratificamus, et eas dilectis
nobis in Cliristo, nunc abbati et ejusdem loci conventui et
eorum successoribus, tenore praesentium, concedimus et confirm-
amus, prout cartaa et literae praedictae rationabiliter testantur.
In cujus, &c. Teste rege, apud Westmonasterium, xvi die
Aprilis.

Pro quadraginta solidis solutis in hanaperio.

XXIX. [CARTA REGIS RICARDI SECUNDI, DE INSPECTIONS CART^E
REGIS EDWARDI TERTII.]

Ricardus, Dei gratia, rex Angliap, &c., salutem.
Inspeximus cartam domini Edwardi, nuper regis Angli;e,
avi nostri, factam in luiec verba. Edwardus, Dei gratia, rex

(1) On the same day. the abbot and convent obtained from king Edward III., a confirmation
of the third charter granted to them by king Kichard I. See No. x., page 13.

Angliae, &c., salutem. 1 Inspeximus cartam Celebris memoriae
domini Ricardi quondam regis Angliae, progenitoris nostri in
haec verba. Ricardus, Dei gratia, &c. [No. x. p. 13.]

Nos autem, cartam ipsius avi nostri praedictam et omnia con-
tenta in eadem, rata habentes et grata, ea pro nobis et hasredibus
nostris, quantum in nobis est, acceptamus, approbamus, ratifi-
camus, et nunc abbati et monachis loci praedicti et eorum succes-
soribus, tenore praesentium, concedimus et confirmamus, prout
carta ipsius avi nostri praedicta plenius testatur. In cujus rei
testimonium has literas nostras fieri fecimus patentes. Teste
meipso apud Westmonasterium quinto die Marcii, anno regni
nostri nono. FoL 10.

\_Pro decem libris solutis in hanaperw.~] 2

XXX. DE CONFIRMATIONS PRO ABBATE DE FONTIBUS. [Ex

Rotulo Pat, 3 Henrici VI., pars ii. memb. 2.]

Rex omnibus ad quos, &c., salutem. Inspeximus literas pa-
tentes domini Rieardi, nuper regis Angliae, praedecessoris nostri,
factas in haec verba. Ricardus, Dei gratia, rex Angliae et
Francias, &c. Inspeximus cartam domini Edwardi, nuper regis
Angliae, avi nostri, factam in haec verba, Edwardus, Dei gratia,
&c. [No. xxix. p. 47.] Inspeximus cartam Celebris memoriae
domini Ricardi, quondam regis Angliae, progenitoris nostri, in
haec verba, Ricardus, Dei gratia, &c. [No. x. p. 13.]

Nos autem easdem literas prsedicti nuper regis, de hujusmodi
concessionibus, libertatibus et quietanciis, minime revocatis, de
avisamento et assensu dominorum spiritualium et temporalium,
in Parliamento nostro, apud Westmonasterium, anno regni nostri
primo, tento existenti, approbamus, ratificamus, confirmamus,
prout literae praedictaa rationabiliter testantur, et prout eisclem

(1) This charter of 40 Edward III., is attested by the same witnesses as his charter No. 27,
p. 46, and is in every other respect a copy of it, except that the present inspects the charter of
Richard I. (No. x. p. 13), and the former the charter of that monarch which forms No. viii. p. 8,
of the preceding text ; so that both these charters of Richard I. were confirmed by Edward III.
on the same day, though only No. 8 is enrolled on his Charter Roll.

(2) Enrolled on the Patent Roll, 9 Ric. II., p. ii. m. 25.

On the same day when King Richard II. granted the charter recited above, he confirmed to
the abbey of Fountains, by Letters Patent, of which the original under the great seal is preserved
at Studley-Royal, two charters of John de Mowbray, Lord of the Isle of Axholme and Honor of
Brembre, dated respectively, June 24th, 1356, and May 13th, 1S58, and confirmatory of two grants
of his father, John de Mowbray. The one relates to the Grange of Aldborough, the Forest of
Niderdale and other estates in Kirkbyshire and elsewhere, and is dated April 8th, 1317; the other
to an agreement made with the abbot of Fountains, March 7th, 1338, relative to the exercise of
certain privileges within the Free Chace of Niderdale. Rot. Pat., 9 E. II. p. 2, m. 26.

OF FOUNTAINS ABBEY. 49

abbas et monachi et pnedecessores sui, concessionibus, libertatibus,
et quietanciis praedictis, a tempore confectionis literarum praedic-
tarum, rationabiliter uti et gaudere consueverunt. In cujus, etc.
Teste rege, apud Westmonasterium, ix die Januarii.
Per breve de Private sigillo.

XXXI. EXEMPLIFICATIO 1 REGIS HENRICI SEXTI QUORUMDAM STA-
TUTORUM, 2 AC PETITIONIS, ASSENSUS ET RESPONSIONIS IN PAR-
LIAMENTO, AD REQUISITIONEM ABBATIS DE FONTIBUS. [Ex

Orig. penes Comitem de Grey et Ripon.]

Henricus, Dei gratia, rex Anglise, Francise, et dominus Hi-
bernise, omnibus ad quos praesentes literae pervenerint, salutem.

Inspeximus tenorem cujusdam Statuti in parliamento domini
Edwardi tertii, nuper regis Angliaa, progenitoris nostri, apud
Norhampton, anno regni sui secundo, tento, 3 inter caetera editi
et provisi, in haec verba : Et pur ceo que la peas ne poet my
estre bien gard saunz bones ministres, come viscountes, baillifs,
& hundreders, qe devient faire execucion, auxi bien dez b'reis 4
le Roy come des autres choses touchant le Roy & son people, ac-
cordez est & establiz que lestatut fait en temps le Roy E., pierele
Roy que or est, a Nichole, contenant que viscontes, hundreders,
<fe baillifs soient [des] gentz 5 eiantz terres en inesmes lez coun-
tees ou baillies soit garde en toutz pointz, solonc la fourme de
ycell ; et auxint que lez viscontez & bailiffs de fee, facent garder
mesmez les 6 countees & baillies per gentz eiantz terres et tene-
mentz en ycell. 7

(1) This Exemplification recites statutes enacted in the parliaments of Edward II., Edward
III., Henry IV., and Henry V., relating to the duties of sheriffs and their bailiffs, and also those
passed in the reign of Henry VI., providing that certain abbots and priors, and other religious
persons, having lands and tenements within the Wapentakes of Staincliffe and in Freindless
Wapentake in Yorkshire, may appoint attornies to appear in the courts there, and plead all law-
ful pleas, and that the stewards shall receive all such attornies and pleas ; and, also, an act of
king Henry VI., whereby the said provisions are extended to all the religious and secular persons
in all Hundred courts throughout the realm. It likewise includes a petition to the same king
from the abbot and convent of Fountains, who had suffered especial losses and inconveniences,
through the feigned actions of malicious plaintiffs, and in the abbot being illegally compelled by
the stewards of the courts to appear, personally, to wage his law. On consideration of this peti-
tion, its prayer was enacted by stat. 33 Hen. VI. cap. 6.; but as the recital is couched in the same
terms as those used by the petitioners, and it has been printed among the statutes of the realm
vol. ii. p. 375 it is not requisite to subjoin it in the text.

(2) The several statutes recited have been collated with the copies in the authorized edition
of the statutes of the realm ; but the only variations, except those in the orthography, which
need be mentioned here, are inserted in the following notes, with the addition of the letter S.

(3) The statute of Northampton, 2 Edw. III. cap. 4 Stat. of the Realm, vol. i. p. 257, con-
firming the statute of Lincoln, 9 Edw. II., concerning sheriffs. Ibid., vol. i. p. 174.

(4) privetez. S. (5) des gentz. S.

(6) lour Countees. S. (7) terres en yceles. S.

E. VOL. II.

50 MEMORIALS, ETC.

Inspeximus, etiam, tenorem alterius Statuti in parliamento
domini Henrici, nuper regis Anglise, avi nostri, apud Westmo-
nasterium, anno regni sui quarto, tento, 1 inter alia editi et pro-
visi, in ha3c verba. Item ordeignez est & assentuz que chescun
Viscount d'Engleterre soit demurrant en propre persone deins sa
baillie pur le temps, qil serra tiel officer ; et qil ne lesse sa dicte
bailie a ferme a nully pur le temps qil occupiera celle office ; Et
que a ceo faire soit tiel Viscount jurrez de temps en temps, en
especial, enterre les aultres articles comprises deins 2 le serement
du Viscount.

Inspeximus, insuper, tenorem cujusdem alterius statuti in
parliamento domini Henrici nuper regis Anglise, patris nostri,
apud Westmonasterium, anno regni sui primo, tento, 3 inter alia
editi et provisi, in hsec verba. Item, pur ceo que les lieges nostre
seigneur le Roy nosent mye poursuier ne compleindre de extor-
cions & oppressions a eux faitz per lez ministrers, dez Viscountz,
cestassavoir per lez 4 South viscountes, clerkes de Viscountz,
resceivours & baillifs des Viscountz, a cause qe les ditz South vis-
countz, clerkes, resceivours, & bailliffs des Viscountz sont 5 con-
tinuelment de an en an demurrantz ovesque les Viscountz enter-
chaungeablement en une office ou en aultre ; nostre Seigneur le
Hoy, de 1'advys & assent suisditz, & a le request des ditz com-
munes, adordeignez & establiez, qe ceux qe sont bailliffs des
Viscountz par une an, ne soient en null tiel office par lez troys
anz proscheins ensuantz, forspris les baillifs dez Viscountz queux
sont enheriteez en lour Viscountes : et que null Suthviscount, ne
clerk de Viscount, resceivour de baillif de Viscount soit attourne
en ascun court de Roy, pour le temps qil est en office ovesqe
ascun 6 tiel Viscount.

Inspeximus, etiam, tenorem cujusdam statuti in parliamento
nostro, apud Westmonasterium, anno regni nostri nono, 7 tento,
inter alia facti et editi, in hsec verba. Item, come en le parle-
ment tenuz a Westm., le xvi jour de Marce, Ian du Roy Henri,
pier nostre Seigneur le Roy qe orest, tierce, 8 ordeine estoit un
estatut en la fourme q ensuit.

(1) Stat., 4 Hen. IV. cap. 5. Stat. of the Realm, vol. ii. p. 134.

(2) en le serement. S.

(3) Stat., 1 Hen. V. cap. 4. Stat. of the Realm, vol. ii. p. 171.

(4) par Southviscountz. S. (5) sount sy continuelment. S.

(6) au aucun. S.

(7) Stat., 9 Hen. VI. cap. 10. Stat. of the Realm, vol. ii. p. 268.

(8) The Statute, 3 Hen. V. si. ii. cap. 2. -Stat. of the Realm, vol. ii.-p. 192 was passed at the
prayer of the Commons, and, very probably, at the suggestion of the abbot of Fountains and other
Beligious persons who might be aggrieved. The recital generally adopts the phraseology of the
petition, which will be found in RotuL Parl., vol. iv. p. 77; but some suggestive variations are re-
ferred to iu the following notes, distinguished by the letter P.

OF FOUNTAINS ABBEY. 51

Item, pur ceo que plusours abbes, priours, & autres reli<rieuses
y soient, dount ascuns sount del fundacion nostre Seigneur le
Roy, & ascuns del fundacion dautres seigneurs, demurrantz si
bien deins le countee d'Everwyk, come en le countee de Lan-
castre, dount ascuns ount possessions deins les Wapentakes de
Staynclyf Wapentak, & Frendeles Wapentak, en Craven, 1 en
le countee d'Everwyk, & ascuns nemye ; vers queux plusours
gentz de jour en autre, per procurement & abettement des ballifs,

(1) This Wapentake is not mentioned in the Domesday Book, Testa de Nevill, Nomina Vil-
larum 9 Edw. II., nor, so far as I have ascertained, in the long series of the Subsidy rolls. And
the question as to its precise locality is rendered more complicated by the fact that, in this and
other statutes, and also in the petitions connected with the present subject, it is stated to be " en
Craven," a district in the West Riding of Yorkshire, which, though bearing that name in the
Domesday Survey, appears never to have been subsequently recognised by any Civil or legal
boundary, but, from the year, 1316, at least, to have been co-extensive with the Wapentake of
Staincliffe (Norn. Vill., Part. Writs, vol. ii. div. 3. p. 414.) In the year 1411, 13 Hen. IV. before
a legislative remedy had been provided for the abuses which were the subject of the statutes re-
cited in the text the abbot and convent of Furness in Lancashire, who in consequence of the
position of their House, distant forty miles from Craven, and rendered more inconvenient by the
intervention of " deux periloues braces du mere contenantz en laeure xii leukes," were especially
harrassed by "pleuseurs mail veullantz ymaginantz pur destruier la dite abbacie & divines Services
illeoques," petitioned the Commons in Parliament, and obtained a statute relative to their lands
and tenements, rents and possessions of the abbey "en Craven, deins Staynclyf- Wapentak &
Frendles- Wapentak en le Counte d'Everwyk." Rotul. Parl., vol. iii. p. 657. Exempl. Stat., Rotul.
Pat. 13 Hen. IV., p. i. m. 11. Rot. Pat. 9 Hen. VII., p. 1. mm. 25, 27. Now, when the abbot of
Furness rendered an account of the revenues of his monastery to the Ecclesiastical Commis-
sioners in 1535, he enumerated estates in twenty-nine different places in the West Riding of
Yorkshire, and of these eight were situated in the Wapentake of Staincliffe, and twenty-one
within the adjacent wapentake of Yewcross, according to the constitution of these divisions in
the year 1316, and at the present time. In the Domesday Survey, the manors which compose
the last mentioned district were included within Amounderness, and not within Craven, but it
bore the name of " Yhucros Wapentake" as early as the year 1244. Orig., 29 Hen. III. rotul. 2.
Without attempting to explain the reason why the word " Frendles" was applied to a wapentake,
I am, therefore, inclined to assume that " Frendles- Wapentak " was an appellation sometimes
popularly applied to the district legally known by the name of the wapentake of Yewcross,
which, sharing so many of the peculiar physical features of Craven, was generally reputed to
have been included within its natural limits. Dugdale indeed says (Baron., i. p. 298), on the
authority of the collections of Glover, Somerset-herald, that John of Gaunt, duke of Lancaster,
gave " Fiendeleye in Richmondshire " in the North Riding of Yorkshire to Ralph earl of West-
morland; and a Feodary's account, entered in the Regist. Hon. de Richmond, p. 88, shews that
certain payments in Blanch-farm, due to Johanna countess of Westmerland, were payable at
Frendlesse Wapentake, out of lands in the fee of Fitzhugh at Tanfield and Exilby, within the
wapentake of Halikeld, and at Manfield within the wapentake of Gilling-East, in the Honor of
Richmond. These circumstances, however, may rather confirm than invalidate my conjecture,
that " Frendles" was a name popularly applied ; since, among the Particulars of Fee-farm rents,
reserved on grants from the Crown, taken under a Commission grounded upon an act or ordin-
ance of Parliament passed llth of March, 1649, are included Fee-farm rents, " infra Wapentag.
de Hallikeld Frendles ; " " infra Balliat. de Gilling-West et Frendlesse ; " " infra Wappentag. de
Gilling-West Frendlesse;" and "Wapent. de Hang-Est Frendlesse ; "districts which compose
the whole of Richmondshire, with the exception of the Wapentake of Hang- West. Partic., &c.,
in Augm. Office, mm. 382, 383, 384, 390. I need only add that, with the exception of the Feodary's
entry mentioned above, the word Frendlesse is never used in connection with a wapentake
throughout the whole of the records contained either in the Registrum Honoris de Richmond, or
its Appendix, and that the learned editor had acquired so little information on the subject as to
remark, " ubinam gentium hodie sit qmeras, nos eqttidem ignores fatemur." Obt. in Regr.,
p. 252.

52 MEMORIALS, ETC.

approvours des Courtes des ditz Wapentakez, & des seneschalx
qi teignent plees es dites courtes, & des fermours des profitz &
revenuez des ditz courtes, feinent & procurent par eux & autres
de lour covyne & assent, di verses pleintes & plees de dette &
trespas, & autres plees diverses, es courtes des ditz Wapentakes,
& lou mesmes les abbes & priours veignent es ditz courtes, por
lour defendre de tielx torcenouses pleintes & plees, & priont &
preferount as seneschalx & baillifs des ditz courtes, de faire lour
attournes en tielx plees, les ditz seneschalx & baillifs le refusent,
& ne voillent resceiver tielx attournes des ditz abbes & priours,
de null plee de dette, trespas, ne autre plee. Et oultre ceo, mes-
mes les seneschalx & baillifs, de lour auctorite demesne, amer-
cient les ditz abbes & priours, pur chescun pleint, al primer foitz l
pur chescun des ditz pleintees, xs. ou xxs., ou pluis a lour vol-
unte, a tresgraunde 2 damage & anientisment de les abbes &
priours avauntditz 3 et encountre reson & la commune ley de la
terre. Si le Roy adordeine en remedie le lez ditz grevaunces,
que toutz tielx abbes & priours, & lour successours, & chescun de
eux ensi vexez es ditz courtes, purront faire lour attournes ou
attourne generall, cest assavoir, chescun 4 de eux de soubz le
commune seal de sa meason, pur gainer & perdre [en] 5 chescun
maner de plee, [de] 6 dette, & trespas, & en autre plee quelconqe,
moeve ou a moever es ditz courtes, & en toutz autres courtes,
deins les Wapentakes avauntditz. Et que les seneschalx &
baillifs des ditz courtes, 7 receivent les ditz attournees issint faitz,
& nommes saunz ascun contradiccion. Et si mesmes les sene-
scalx & bailiffs, refusent de resceiver ascun au ascuns tielx
attournes, issint faitz 8 & nommez, affairs ou anomers, adonqes
fes ditz seneschalx & baillifs, a chescun foitz de tiel refuser de
tiels attournes, forfacent & encourgent la peine de x& 9 au Roy.

(1) a primere foitz xiic?., & a chescun autre foitz, pur chescun des ditz pleintz,xs. & xx*.,
et pluis a Ion volunte. P.

(2) a graund damage. P.

(3) Et derogation des divines services en lour Abbacies et Priories avaunt ditz. P.

(4) chescun Abbee desoubz eon seal de son Abbaie, & chescun Priour desoubz son seal de son
Priorie. P.

(5) en chescun. S. P. (6) de dette. P.

(7) Countees. S. Courtz in the Petition to Parl., 3 Hen. V., (Rot. ParL, vol. iv. p. 77) and
Courtees in the recital of the Act of 3 Hen. V., passed in consequence, in the Petition of 15 Hen.
VI., (Ibid., vol. iv., p. 507) but, Countees, in the Petition 9 Hen. VI. Ibid., v 1. iv. p. 77.

(8) issint faitz & nomez affairs ou [anomers Transcript 2] qatlonques les ditz. S. issint
faitz and nomez, affaire ou a nomer, q' les Seneschalx. Pet., 3 H. V. issint faitz & nommez,
affaires ou a nommez, q" adonques lez ditz Seneschalx. Petition, 9 H. VI., reciting Stat. 3 H. V.
Rot. Parl., vol. iv. p. 381. issint faitz ou nommes, a fairs on a nomiers ; q' adonques les ditz Senes-
chalx. Pet., 15 H. VI., reciting Stat., 3 Hen. V.Rot. ParL, vol. iv. p. 507.

(9) la peine de xM. au Roy. Et que le Roy ent eit 1'ene moite, & la partie greve 1' autre
moite. Et que la partie greve eit sa suyte si b'n pur le Roy, come pur luy mesmes, par brief de

OF FOUNTAINS ABBEY. 53

Et qe les ditz abbes & priours ou lour successours es ditz coun-
tees l nen ascun de eux, pur ascun nounsuite ou defaute, ne
soient amerciez en null' autre maner que seculers persones. Et
que cest ordinaunce estoise in sa force pur tout Ian proschein a
venir, & qe tanqe a le parlement mesme Ian proscheinement
ensuant ; Puis la determinacion de quel estatut, pur ceo qil ne
fuist ordeine a durer forque pur certeine temps ore determine &
passe, [les] meschiefes 2 & grevaunces suisditz remainent a
present nient remediez, & s'abundent & encrescent de jour en
autre, pluis que unqes ne fierent ; & oultre, les ditz seneschalx
& baillifs ne voillent ore resceiver null autre plee ne respounce,
des ditz abbes & priours en les ditz courtes, forsque tant soule-
ment de gager lour ley, a 1'entent qe ils deussent de necessite
apparoir de vaunt eux en lour propre persones, a lour tresgraunde
vexacion & grevaunce.

Pur quoy considerez les mischiefs & grevaunces suisditz, pur
la consolacion & reliefement dez ditz abbes & priours & des autres
religious 3 desuisditz, par advis & assent des seigneurs espiri-
tuelx & temporelx suisditz, & auxi a la especiall request des ditz
communes, 4 ordeinez est qe le dit estatut fait le dit an tierce
soit tenuz & observez come bone & effectuell tanqil plerra a
nostre Seigneur le Roy.

Inspeximus etiam tenorem alterius statuti in parliamento
nostro, apud Westmonasterium, anno regni nostri quinto decimo
tento, inter alia facti et editi, in haec verba. 5 Item nostre dit

dette a la commune Ley. Et si la partie greve n' ose ou ne vorra suer en celle caas, qe celluy qi
voet suet, si b'n pur le Roy, come pur luy mesmes, eit sa suyte & la moite des ditz xW. en manere
& fourme avaunt ditz. P.

(1) Courtz. P. (2) les meschiefes. S.

(3) religiouses. S.

(4) The Petition which caused the enactment of this Statute will be found in Rotul. ParL,
vol. iv. p. 381. After reciting the Statute 3 Hen. V., cap. 2, the Commons pray the king, " qe luy
pleise de sa benygne grace, pur le consolation & reliefment dez ditz Abbes & Priours, & dez
autres Beligiousez lez divinez servicez illeoques faisantz, par assent des Seigneurs Espirituelx &
Temporelx," &c., to ordain and establish that the said abbots and priors, and their successors,
might appear by their attornies, appointed under the Common Seal of the House, and that if the
seneschals or bailiffs of the court refused to receive them, they should forfeit 10 to the king ; but
the proposition which follows" et ataunt a la partie greve en cell' partie, dount mesme la partie
eit brief de dette, founduz sur mesme cest Estatut," was not accepted by the Crown. The answer
to the Petition was" Soit 1' Estatut fait le dit an tierce, tenuz & observez come bone &
effectuel, tan q'il plerra a nostre dit Sieur le Roy." The Statute therefore merely established and
affirmed the provisions of the Act, 3 Hen. V.

(5) Stat., 15 Hen. VI., cap. l.Stat. of the Realm, vol. ii. p. 300. This act was passed on the
Petition of the Commons, printed in Rot. ParL, vol. iv. p. 507. After a recital of the Statute,
3 Hen. V., it enacts, without alteration, the several clauses suggested in the Petition, on which is
endorsed," Be it as it is desired be the Petition, as long as it shall like the kyng." Thus the
abbots and priors not only gained at length their cherished object as to the division of the Penalty,
but the extension of the previous Ordinances, with this increased efficiency, to all the Religioui
houses in the kingdom.

Seigneur le Roy pur assent des Seigneurs & Communes avaunt-
ditz, adordeine & establie pur auctorite suisditz, qe desore
evanaunt, toutz les abbes & priours & autres religiouses, & lour
successours, & chescun de aux, qe ount ascuns terres, tenementes,
ou autres possessions deins ascuns de les Wapentakes de Stayn-
clif Wapentake & Frendeles Wapentak en Craven, en le counte
d'Everwyk, purront fair lour attournees ou attournee generalx
ou generall, en toutz les courtes deins les ditz Wapentakes, &
chescun de eux, cestassavoir, chescun des ditz abbes, priours,
& religiouses, severalment, de soubz le commune seal de sa mea-
son, pur gayner & perdre en chescun maner de plee, par ascun ?
ou vers ascun de eux, en les ditz courtes, ou ascun deux, moevee
ou amoevers ; & qe lez ditz abbes & priours, & autres religiouses,
& lour ditz attournes, & chescun deux, purront pleder en les ditz
courtes, & en chescun deux, toutz maners de plees qe sount in
ley pledables, & en ley allowables ; et qe chescun seneschall &
baillif de ou en ascun de les ditz courtes, pur le temps esteant,
resceive auxibien chescun attourney en la manere suisdit destre
fait, come les ditz plees, par lez ditz abbes, priours, & religiouses,
& par lour ditz attournes, & par chescun de eux, destre pledes,
saunz amercier les ditz abbes, priours & religiouses, ou ascun de
eux, en le manere desuisdit, ou autrement que persones seculers
ensemblable cas saunz fraude seroient amerciez ; et que chescun
des seneschall & bailiffs suisditz a chescun foitz qil face le con-
traire de cest ordenaunce, forfate & encourge la peine de -sli. au
Roy ; & qe chescun persone qe voiet suer pur le Roy en celle cas,
eit brief de dette foundue sur ceste estatut, & eit lune moite pur
soun labour, & le Roy lautre moiete. Et qe en mesme le maner,
toutz autres abbes, priours, & autres religiouses, & lour succes-
sours, & autres seculers qeconqes deins cest Roialme, en ches-
cun Hundred & Wapentak, deins mesme le Roialme, poent faire
lour attournes generalx, ou general!, 1 pur pleder pur eux & ches-
cun de eux, en la fourme suisdit, cestassavoir, les ditz abbes,
priours, & religiouses, desouth le commune seal, & les seculers
persones desoubz lour sealx. Et si les seneschalx, baillifs, ou
ascun ministre de ascun tiel Hundrede ou Wapentak, face le
contrairie dicell, forfait chescun deux au Roy xli. come desui&
est dit. Et dureront icestes ordinaunces 2 & establisshment tanc
come il plerra au Roy.

Inspeximus etiam quandam petitionem 3 nobis in present!

(1) ou generall. S. (2) ordinaunce. S.

(3) The original Petition, with which the text has been collated, still remains, among the
Petitions to the King and Council, in the Public Record Office, vol. F., No. 109. It has been
printed in Rotul. Part., vol. v. p. 325, from a copy corrected, as is said Ibid., p. i. from the

OF FOUNTAINS ABBEY, 55

parliamento nostro, apud Westmonasterium, nono die Julii
ultimo prseterito, inchoate et tento, per Johannem abbatem
monasterii beatse Mariae de Fonteyns exhibitam, et in filaciis
Cancellariae nostrae residentem, in ha3c verba.

To the Tfyng^ oure soverayn lord.

Besechith mekely youre devote and contynuell oratours, John
th' abbot of the monasterie of oure lady saint Marie of Foun-
teyns in the counte of Yorke, and the convent of the same place,
that, where they and theire predecessours have of long tyme
been, and yit be daily, ayenst conscience and withoute cause, by
feyned accions grevously impleted and vexed in diverse courtes
of Wapentakes, and other courtes barones, to the noumbre of xx,
and [moo] within the said counte of Yorke, and the countee of
Cumbrelond, and in the counte of the citee of Yorke, within the
which shires, the substance of the possessions of theire said
monasterie been Hying, as well * by procurement and excitacion
of the baillifs, stiwardes, and officers of the said courtes of Wap-
entakes, and courtes barones, fermours of diverse of the same
for theire singuler lucre and availe, as by other malicios and evill 2
disposed persones, fenyng quereles ayenst youre seid besechers, 3
and affermyng in diverse of the seid courtes of Wapentakes, and
courtes barones, at some oon 4 court ccc. severallez pleyntez or
moo. And howe be it that the comon lawe of Englond will that,
every persone enpleted for eny cause, in the which he is admit-
tible to wage his lawe, that the same persone so impletid, shuld
wage his lawe be his attourney, 5 havyng sufficient auctorite

original Parliament Roll, but not in very strict accordance with the Petition itself, as the follow-
ing notes, to which the letter R is added, may shew. The notes signed with the letter F, indicate
the variations between the original Petition and the exemplified copy in the Text.

(1) aswele. F. (2) evell. F.

(3) yor said besechers. F. (4) summe on court. F.

(5) It was enacted by Statute, 10 Henry III., cap. 10, that every freeman which oweth suit
to the County, Trithing, Hundred, and Wapentake, or to the court of his lord, may freely make
his attorney to do those suits for him. See also Co. Lift., 2 par., 99. Fitzherbert, Nat. Brev., fol. 156.

The following memoranda, relating to the attendance of the abbot of Fountains at certain
courts by an attorney, are taken from a Register of Fountains, in the Bodleian Library. MJS.
Rawlinson, B. 449, fol. 2.

Edwardus, Dei gratia, rex Anglige et Franciae, dominus Hyberniae, vicecomiti Ebor., salutem.
Quia per commune consilium regni nostri Angliae provisum est quod, quilibet liber homo qui sec-
tarn debet ad Comitatus, Trithinga, et Wapentachia, libere possit facere attornatum suum ad
sectam illam pro eo faciendam, tibi praacepimus quod attornatum quern abbas de Fontibus, per
literas patentes, loco suo attornare voluerit ad sectam pro eo faciendam ad Comitatum tuum prse-
dictum, ad Trithinga nostra de Yarlestre et de Wyndyates, et ad Wapentachia nostra de Bradford,
Clarhou, et Inter Use et Derwent, loco ipsius abbatis, sine difflcultate ad hoc recipias, hac vice, de
de gratia nostra special!. Teste Edwardo, duce Cornubise et comite Cestriee, filio nostro carissimo,
Custode Angliae, apud Ber hampsted, x die August!, regni nostri Anglise quartodecimo, regin
vero noBtri Franciae primo.

56 MEMORIALS, ETC.

therto : l And that notwithstondyng, the predecessours of the seid
nowe abbot, and other abbotz and priours in the seid countes,
might in nowise be receyved be such baillifs, stiwardes, and
officers, to wage theire lawe be theire attourney in such courtes
and Wapentakes, unto the tyme that, for that mischiefe, 2 and

Ad sectam faciendum ad Comitatum Ebor., ut sequitur.

Noverint universi per prassentes quod nos Abbas de Fontibus attornavimus, et loco nostro con-
etituimus J., commonachum nostrum vel familium nostrum, ad faciendam pro nobis sectam de
Comitatu Eboracensi, et ad Trithinga de Yarlestre et de Wyndeyates, ac etiam ad Wapentachia de
Brudford, Clarhoue, et Inter Ouse et Derwent, secundum tenorem brevis domini Regis vicecomiti
Eboracensi inde directi. In cujus rei testimonium sigillum nostrum praesentibus apposuimus.
Cat. apud Ebor. die Jovis prox. post festum sancti Michaelis, anno regni regis Edwardi tertii post
conquestum tertio decimo. Dat. apud Fontes, die Jovis prox. post festum sancti Lucse Evange-
lists, anno regni Angliae regis Edwardi tertii post conquestum quarto decimo, regni vero Franciae
primo.

Ad sectam pro nobis faciendam ad Wapentachia de Hang, Helykeld et Gillyng, secundum
tenorem brevis domini regis, ballivis domini Johannis ducis Britanniae et comitis Richemondias
inde directi.

Ad sectam pro nobis faciendam ad Wapentagium de Staynclif , secundum tenorem brevis do-
mini regis ballivis dominse Isabellas reginas Anglias inde directi.

Abbas de Fontibus petit breve de attornatu ad sectam pro eo faciendam, ballivis Johannis de
Gandavo, comitis Richemundiaa, [ad] Wapentagium de Hang, per literas patentes.

Abbas de Fontibus petit breve de attornatu ad sectam pro eo faciendam ; ballivis Philippae
reginae Angliae, custodis terrarum domini Johannis de Gandavo, comitis Richemundiaa, [ad] Wa-
pentagium de Hang, per literas patentes.

Abbas de Fontibus petit breve de attornatu per literas patentes, vicecomiti Ebor. ad sectam
pro eo faciendam de Comitatu Ebor, ad Trhieng (sic) de Est-ridding, West-ridding, et ad Wapen-
tagium de Clarhoue et Brudford, et inter Use et Derwent.

Item idem petit breve per literas patentes ballivis domini regis Angliae, ad sectam pro eo faci-
endam ad Wapentagium de Hang, Halikeld et Gilling, si [non] possitis habere in uno brevi, facia-
tis nos brevia tria.

The times and places at which the Court of the Wapentake of Stayncliffe was held, in the
early part of the fifteen century, are thus entered in the President Book of Fountains, p. 9.

NOMINA TILLARUM IN QUIBUS TENETUR CURIA WAPYNTAGII DE STAYNCLYFF.l . BOL-
TON-EN-BOWLAND, in crastino sancti Lucae Evangelistas. 2. KETELWELL, viij die mensis No-
vembris. 3. PRESTON JUXTA ARNCLYFF. In previgilia sancti Andreas Apostoli. 4. THRESCE-
PELD, xviiio die Decembris. 5. THORNTON, in crastino Epiphaniae Domini. 6. LYNTON, xxvii
die Januarii. 7. SWYNDEN, xvio Februarii. 8. MALGHOM, viiio die Marcii. 9. BRYNSALL,
xxviiio die Marcii. 10. KETELWELL, Septimo decimo die Aprilis. 11. NEWTON, in festo Johan-
nis Beverlaci. 12. THORPP JUXTA BRYNSALL, xxvii die Maii. 13. FLASBY, xvi die Junii.
14. STETON, vj die Julii. 15. HERTLYNGTON, in crastino Jacobi Apostoli. 16. GAYSGYLL, in
festo Assumptionis Mariae. 17. SWYNDEN, iiiito die Septembris. 18. GERSYNGTON, semper in
festo Michaelis Archangeli. Et notandum quod quando dies praanotati non accidunt die Jovis,
tune proximo semper die Jovis sequenti, tenenda est Curia Wapintagii.

(1) Law is, when an Action of Debt is brought against any one upon some secret Agreement
or Contract had between the parties without especialty shewed, or other matter of Record ; as in
an Action of Detinue for some Goods or Chattels lent or left with the Defendant : then the De-
fendant may wage his Law, if he will, that is, swear upon a book, and certain persons with him,
that he detains not the Goods, or owes Nothing to the Plaintiff, in Manner and Form as he hath
declared. And it is allowed only in Cases of Secrecy, where the Plaintiff cannot prove the Sur-
mise of his Suit by any Deed or open Act.

When any one shall wage his Law, he shall bring with him six, seven, or twelve of his neigh-
bours, as the Court shall assign him, to swear with him, much like the Oath which they make
who are used in the Civil Law, to purge others of any Crime laid against them, who are called
Compurgators. The offer to make the Oath is called Wager of Law ; and when it is accomplished,
then it is called the Doing of the Law. Termes de la Ley: Tit. Ley, p. 424.

(2) mychefe. F.

OF FOUNTAINS ABBEY. 57

compleynte had in that behalve, it was late ordeyned by auctorite
of parliament, that all the abbotz and priours and other religious
of Englond, and theire l successours shuld, in such cases, be theire
attourneys generalles or generall, in every hundred 2 or Wapen-
takes within the realme of Englond, 3 iche of theym under theire
common scale, severally plede in suche courtes suche plees as in
lawe ware pledables, and in lawe ware 4 allowablez : And that
every sty ward 5 or baillife for the tyme beyng within the seid
courtes shuld resceyve suche attourneys, withoute amerciyng of
suche abbotz, priours, and religiouse, or eny of theym, upon the
peyne of forfaiture of xli. And that, notwithstondyng, when the
seid abbot be his attourney hath waged his lawe in the seid
pleyntz in suche severalles courtes, then the said baillifs, stiwardes,
and officers have oftetymes for theire singuler lucre, and by
covyne had betwix theym and the seid malicious people afferm-
yng the seid pleintz, prefixed to the seid abbot oon day to doo his
lawe in iche on of the seid severallez courtes and Wapentakes,
all at oon day and at 6 severall places, iche oon beyng so ferre
frome other, that youre seid besechers in nowise myght appere
and come to do his lawe in his propre 7 persone, as the lawe re-
quires ; and so he be that cause, in diverse of the seid courtes
and Wapentakes, oftymes hath to be condempned in the seid
pleyntz, and amercyed in diverse of theym, summe yere 8 in a c.
marc, and summe yere in more, and at the lest in xl&. where
never cause of accion was had, neither 9 by lawe ne by conscience.
And also when the seid abbot was 10 commyng at diverse tymes
to diverse of the seid courtes of Wapentakes and courtes barones,
to have doon his lawe in such playntz, then the seid abbot hath
be put in suche feere of bodily harme 11 to be doon to hym, bothe
by assautz 12 made upon hym, and by diverse manysshyng 13 and
thretyng by the seid maliciouse people affermyng the seid
pleyntz, that he in nowyse, for drede of bodily harme and deth,
durst appere at the seid courtes of Wapentakes, whereby he hath
be condempned and amercied in grete sommes in the said
courtes : and at other tymes, when the seid abbot come to any of
the seid courtes, redy to do his lawe, than the seid malicios peo-
ple, affermyng the said pleyntz wold be and were nounsued

(1) England and there. F. (2) hundreth. F.

(3) England. F. (4) war. F.

(5) Stiward. F. (6) all at son day at severall places. R.

(7) propir. F.

(8) somme there in C Marcs, and somme there in more. R.

(9) nether. F. (10) at divers tymes commyng. F.
(11) bodily herme. F. (12) assawtz. F.

(13) manyschyng. F.

MEMORIALS, ETC.

therm, and anone after afferme ccc. or cccc. newe playntz in
summe oon courte ayenst the seid abbot, at summe oon courte
day ; and so, from courte to courte, the seid persones have con-
tynued theire malicios purpose and intent aforesaid, unto the
tyme the seid abbot agreed with the seid stiwardes, officers, and
baillifs, and with the seid malicios people affermyng and feyn-
yng l suche playntz, at theire 2 awne volunte, paiying 3 to theyrn
in summe yere 4 c. marcs, in this partie, summe yere xlfo'., and
when he paide leste, xx. marc, the whiche 5 labores, vexacions
and costes are like ever to be contynued and encresed, to the
over grete and importable hurtes of the seid house and besechers,
withoute summe remedie, graciouse socour and helpe, be purveid
for the seid house in this present parliament.

Please it therfore youre highnesse, graciously to considre
thees premisses, and therappon to graunte, ordeine, and estab-
lessh 6 by the avice of youre lordes spirituallz and temporallz,
and of youre commons assembled in this youre present parlement,
and by auctorite of the same parlement, 7 that the same abbot
and his successours, ayenst whome eny querele or playnte are,
or in tyme to come shall hap to be attaymed or taken in eny of
the seid courtes or Wapentakes, shall mowe wage theire lawe
be their attourney or attourneys, of the matiers contened, or to
be contened, in every suche playnte, where the lawe will suffre
them so to do : And that 8 they, ther lawe so waged, may do the
said law or lawes be a commoyne of the same place, with other
persones with hym, to the noumbre of six persones, or elles be a
nother persone assigned and deputt by th' abbot of the seid
house, for the tyme beyng, undre the common scale of the seid
monasterie of Founteyns, 9 with six persones with hym, the seid
lawes to do, for th' abbot of the same house : And that the baillifs,
stiwardes, and officers of the seid Wapentakes and courtes, for
the tyme beyng, admitte, suffre, and receyve the seid lawes to be
doon in the forme aforesaid : And that all the lawes aforeseid so
waged and done, be als effectuall and of such strength in the
lawe as if the seid abbot or his successours had doon them in
theire propre persones, after the cours of the common lawe of
this land. And, over that, to ordeine by the auctorite aforeseid,
that, if any baillife, stywarde, or officer 10 of any of the seid

(1) fenyng. F.

(2) there. P. (3) payng. P.

(4) in summe there. E. (5) the labores. R.

(6) eatables. F. (7) parliament. F,

(8) And that they yer. B.

(9) Fonteyns. F.

(10) offlcere. F. Baillifs, StuardB or officers. B.

OF FOUNTAINS ABBEY. 59

courtes or Wapentakes, will not admitte the said lawe to be don
in the forme aforeseid, or elles in enywise disobey or observe not
th' entent of the premisses on theire partie afore reherced to be
doon, or omyt l or, on theire partie, do the contrarie to any of the 2
premisses, than the same bailiffe, stywarde, or officere so offend-
yng, forfeit for every tyme that he shall hap to do the contrarie,
or offende in eny of the premisses before reherced on theire
partie to be doon, xx&. : And every man that will sue in this
case mowe have a writte of dette, and declare upon this acte and
ordenaunce, and he to have the oon halfe for his labour and the
soveraine lord the king the t other halfe of the same xxli. And
youre seid besechers shall evermore pray to God for youre gode
and high 3 astate.

Inspeximus, insuper, quendam assensum eidem peticioni, per
communes regni nostri Angliae in eodem parliamento existentea
factum, et in peticione praedicta specificatum, 4 in haec verba :
A cest bille les Communes* sount assentuz.

Inspeximus, etiam, quandam responsionem eidem peticioni,
per nos, de avisamento et assensu dominorum spiritualium et
temporalium, in dicto parliamento similiter existentium, necnon
auctoritate ejusdem parliamenti factam, et in dorso peticionis
praedictae insertam, in haec verba : Soitfait come il est desire*

Nos autem tenores statutorum, peticionis, assensus et respon-
sionis praedictorum, ad requisitionem praedicti abbatis, duximus
exemplificandas, per praesentes.

In cujus rei testimonium, has litteras nostras fieri fecimus
patentes. Teste meipso, apud Westmonasterium, quinto die
Marcii, anno regni nostri tricesimo quarto.

FAUKES.

Examinatur per JOHANNEM FAUKES 1 .
THOMAM IVE J

A large portion of the great seal, in white wax, is appended.

(1) ormyght. R. (2) thees. B.

(3) bight. R.

(4) At the foot of the original petition.

(5) Commyns. F.

(6) See the Act, in Stat. of the Realm, vol. ii. p. 375, collated with the petition of the abbot
and convent of Fountains, 33 H. VI., as entered on the Rolls of Parliament: " Item cum in dicto
parliamento, per Abbatem et Conventum Monasterii beatse Mariae de Founteyns, in com. Ebor.,
lamentabiliter extiterit intimatum, de eo quod cum ipsi et eorum pnedecessores, de tempore non
modico, contra conscientiam, absque causa per actiones fictas graviter implicitati et vexati fuerint,
*t ad tune indies existerent, in diversis Curiis Wapentachiorum et aliie Curiis Baronura, ad nume-
rum viginti et ultra," Sic.

60 MEMORIALS, ETC.

XXXII. CONFIRMATIO REGIS EDWARDI QUARTI QTJORUMDAM LIT-

ERARUM PATENTIUM REGIS RICARDI SECUNDI, PRO ABBATE
DE FONTIBUS, PER REGEM EDWARDUM QUARTUM, CONCESSA.

[Ex orig. penes Comitem de Grey et Kipon.]

Edwardus, Dei gratia, rex Angliae et Franciae et dominus
Hibernise, omnibus ad quos praesentes litteras pervenerint, salu-
tem. Inspeximus litteras patentes domini Ricardi, nuper regis
Angliae secundi post conquestum, factas in haec verba: Ricardus
Dei gratia, etc. Inspeximus cartam domini Edwardi nuper regis
Angliae, avi nostri, factam in haec verba : Edwardus Dei gratia,
etc. Inspeximus cartam Celebris memoriae domini Ricardi quon-
dam regis Angliae, progenitoris nostri, in haec verba : Ricardus
Dei gratia, etc. Sciatis nos, pro anima patris nostri et pro salute
nostra, et matris nostrae, et fratris nostri Johannis, etc. [Ut
supra, No. xxix. p. 47.] In cujus, etc. Teste meipso apud
Westmonasterium, quinto die Maij, (sic) anno regni nostri nono.

Inspeximus, etiam quasdam alias litteras patentes dicti domini
Ricardi, nuper regis Angliae, factas in hsec verba: Ricardus
Dei gratia, etc., omnibus ad quos praasentes litterse pervenerint,
salutem. Inspeximus litteras patentes Johannis de Moubray,
nuper domini Insulae de Haxiholm et Honoris de Brembrem,
factas in haec verba : Omnibus sanctae matris ecclesiaa filiis, etc.
Johannes de Moubray, etc., salutem in domino sempiternam.
Noveritis nos inspexisse quandam cartam confirmationis clarae
memoriae domini Johannis de Moubray, patris nostri, factam
abbati et monachis de Fontibus in haec verba : Omnibus sanctae
matris ecclesiae filiis, etc. \_Ut infra, inter cartas de Kirkby-
Malzeard.~^ Inspeximus etiam quasdam alias litteras patentes
ejusdem Johannis de Moubray, similiter factas in haec verba :
Omnibus hoc scriptum visuris vel audituris Johannes de Mou-
bray, dominus Insulae de Haxiholm et Honoris de Brembrem,
salutem in Domino sempiternam. Inspeximus quoddam scrip-
tum indentatum clarae memoriae domini Johannis de Moubray,
patfis nostri, cujus tenor sequitur in haec verba: Cum mota
esset controversia inter dominum Johannem de Moubray, ex
una parte, et abbatem et conventum de Fontibus ex alia, super
quibusdam quaerelis et articulis liberam chaceam dicti domini
Johannis, de Niderdale tangentibus, etc. [ Ut infra, inter cartas
de Dacre.~\ In cujus, etc. Teste meipso, apud Westmonasterium,
quinto die Marcii, anno regni nostri nono.

Nos autem litteras prasdictas ac omnia et singula in eisdem

OF FOUNTAINS ABBEY. 61

contenta, rata habentes et grata, ea, pro nobis et hseredibus nostri s,
quantum in nobis est, acceptamus et approbamns, ac dilectis nobis
in Christo, nunc abbati et monachis loci prasdicti et successori-
bus suis, tenore presentium ratificamus et confirmamus, prout
litterae praedictae rationabiliter testantur. In cujus rei testi-
monium, has litteras nostras fieri fecimus patentes. Teste meipso,
apud Westmonasterium, vicesimo quinto die Novembris, anno
regni nostri primo.

KlRKEHAM.

Pro undecim libris solutis in hanaperio.

A fine impression of the great seal in green wax, but somewhat
injured behind the equestrian figure of the king, is appended to this
charter by a plaited cord of blue and white silk, interwoven with gold
thread yet untarnished.

XXXIII. DE CONFIRMATION, PRO ABBATE DE FONTIBUS. [Ex

Rotul. Pat., 23 Henr. VIL, p. i. m. 5.]

Eex omnibus ad quos, etc., salutem. Inspeximus cartam
domini Henrici, nuper regis Angliae primi, progenitoris nostri,
factam in haec verba : Praecipio quod equi et homines, et omnes
res abbatiae de Fontibus et monachorum ibidem Deo servientium,
sint quieti de thelonio, etc. \_Ut supra, No. iii. p. 3.]

Inspeximus etiam cartam Henrici nuper regis Angliae se-
cundi, progenitoris nostri, factam in haec verba : H[enricus]
rex Angl. et dux Normanniae et Aquitaniae et comes Ande-
gaviae, justiciariis, vicecomitibus, et ministris suis de Ebora-
scira, salutem. Sciatis me concessisse et confirmasse abbatiae
sanctae Mariae de Fontibus, omnes possessiones et omnes res suas
quas juste tenent, etc. \_Ut supra, No. v. p. 5.]

Inspeximus etiam cartam domini Edwardi nuper regis Angliaa
primi, progenitoris nostri, factam in haec verba: Edwardus,
Dei gratia, rex Angliae, etc., archiepiscopis, episcopis, etc., sa-
lutem. Sciatis nos concessisse, et hac carta nostra confirmasse,
dilectis nobis in Christo, abbati et conventui de Fontibus, quod
ipsi et successores sui imperpetuum habeant liberam warrenam
in omnibus dominicis terris suis de Morker, Somerwych, etc.
\_Ut supra, No. xii. p. 19.]

Inspeximus etiam quandam aliam cartam ejusdem domini

Edwardi, nuper regis Angliae, factam in haec verba: Edwardus,
Dei gratia, rex Aiigliae, archiepiscopis, episcopis, etc., salutem.
Sciatis nos concessisse et hac carta nostra confirmasse, dilecto
nobis in Christo, abbati de Fontibus, quod ipse et successores sui
imperpetuum habeant liberam warrenam in omnibus dominicis
terris suis de Balderby, Marton-super-Moram, etc. [ Ut supra,
No. xiii. p. 20.]

Inspeximus, insuper, cartam domini Edwardi nuper regis
Angliae tercii, progenitoris nostri, factam in haec verba: Ed-
wardus, Dei gratia, etc., omnibus ad quos, etc., salutem. Sciatis
quod, cum nuper pro eo quod, dilecti nobis in Christo, abbas et
conventus de Fontibus, concesserunt, ad requisitionem nostram,
Johanni de Waltham, nuper nuncio nostro, jam defuncto, quan-
dam sustentationem, etc. [ Ut supra. No. xxv. p. 44.]

Inspeximus etiam quasdam literas patentes domini Henrici,
nuper regis Angliae sexti, progenitoris nostri, factas in haec
verba: Henricus, Dei gratia, rex Angliae, etc., omnibus ad
quos, etc., salutem. Inspeximus literas patentes domini Ricardi
nuper regis Angliae, praedecessoris nostri, factas in haec verba :
Ricardus, Dei gratia, rex Angliae, omnibus ad quos, etc. [ Ut
supra. No. xxx. p. 48.]

Nos autem literas, cartas, concessiones et confirm ationes prae-
dictas, et omnia et singula in eisdem contentis, rata habentes et
grata, ea, pro nobis et haeredibus nostris, quantum in nobis est,
acceptamus, ac dilectis nobis Marmaduco, nunc abbati et con-
ventui loci praedicti, ratificamus et confirmamus, prout litterae et
cartae praedictse rationabiliter testantur. In cujus, etc. T. R.,
apud Westmonasterium, xx die February. 1

(I) The rest of the Royal Charters, consisting of confirmations of grants of land and li-
censes of Alienation in Mortmain, will be found under the subsequent heads of the place* to
which they relate.

[LEADEN SEAL OF POPE INNOCENT III.

I. PRIVILEGIUM INNOCENTII II. DE PROTECTIONS, IMMUNITATE
DECIMARUM, RECEPTIONE LIBERARUM PERSONARUM, DE NON
RECEPTANDO FUGITIVOS NOSTROS, NEC INTERDICENDO LOCUM
NOSTRUM, ET DE CELEBRANDO DIVINA TEMPORE INTERDICTI

ETC.'

INNOCENTIUS episcopus, servus servorum Dei, dilectis filiis
Ricardo, abbati monasterii sanctae Mariae de Fontibus, quod
archiepiscopatu Eboracensi situm est, ejusque fratribus, tarn prae-
sentibus quam futuris, regulariter substituendis imperpetuum.

(1 ) The engraving represents the obverse and reverse of a bulla or leaden seal of pope In-
nocent III. A.D. 1198-1216 found a few years ago among the ruins of Fountains, and supposed
to be the only remaining vestige of the original papal bulls granted to the monastery.

(2) The ensuing series of PAPAL BULLS is taken from the REGISTER OP THE PRIVILEGES
OP FOUNTAINS, mentioned in the first note of the present volume. This manuscript, which re-
cords much interesting matter that otherwise would have perished, is divided into three parts.
The first contains the royal charters recited in the previous pages, with some other documents,
the purport of which has also been noticed. The second part consists of copies of thirty-nine
bulls relating specially to Fountains ; and of eighty others of a provincial or a general character,
interpolated in the series, which directly affected its interests. This division, reduced to chrono-
logical order, furnishes the present text the bulls relating, eo nomine, to Fountains, being printed
in extenso and the rest in a form more or less abbreviated, according to their importance or their
absence from any printed work. The third section consists of a transcript of the Bullarium or
Register of the general privileges of the Cistercian Order, compiled by Jean de Cirey, abbot of
Citeaux, in the year 1490, and printed in the next year at Dijon, in a small quarto volume with-
out title or imprint, but with the following colophon : " Opere et impensa reverendissimi in
Christo patris et domni, domni Johannis abbatis Cistercii, sacrae theologies eximii professoris : ad
usum sacratissimi ordinis filiorum consolationem et profectum, hoc opus plurium summorum pon-
tificum privilegiorum, quibus dictus sacer ordo Cisterciensis amplissime contra omnes injurias et
insultus, privilegiatus est et munitus; emendatissimas et integerrimaj impressum Divione per
magietrum Petrum Bethlinger Aleinammm, anno Domini M ct't'C. nonagesimo prituo, iiij Julias;

64 MEMORIALS, ETC.

Apostolici moderaminis clementise convenit religiosos viros
diligere, et eorum loca pia protectione munire. Dignum nam-
que et honestati conveniens esse cognoscitur, ut quia ad anima-

Finit Feliciter." The rarity of this book alluded to by Dom. Liron in his SingularMs Histori-
quez et Litteraires, torn. iii. pp. 337-339 is so great that the only copy which I have been able to
discover is that in the Bodleian Library, I. Q. v. 56, quoted in the following notes by the title,
" Privilegia Ordinis Cist.," though this and the foliation have been added by the pen. It is in the
original binding, and has a pictorial frontispiece, engraved on wood, representing a body of monks
and nuns kneeling under the protection of the cloak of the Virgin, above whose head is inscribed
on a scroll,

" Quam tibi Cisterci placeant sanctissimus ordo,

Hsec nobis primum ostensio facta probat;
Ergo tuo maneat semper sub numine tutus,
Deditus ante alios, Virgo beata tibi."

On the other side of the page is a large wood-cut of the pope seated, in the act of benediction, and
holding a bull or charter in his left hand. Two cardinals stand on each side, and abbots and monks
kneel before him. St. Robert and St. Albert hold the representation of a church, before which is
an armorial shield Seme of fieurs de lis, an escutcheon of pretence, charged with bendy of six,
within a bordure subscribed " Cistercium." This collection was published in an enlarged
form by Chrysostom Henriquez, under the title, "Regula, Constitutiones, Privilegia ordinis
Cisterciensis : item congregationum monasticarum et militarium quae Cisterciense institutum
observant, etc. Antverpiae, ex officina Plantiniana Balthasaris Moreti, 1630," but it is very sel-
dom to be met with in this country. Considering therefore, the unusual rarity of these works,
and the absence of any other equally comprehensive collection, I have appended in the following
notes, under the reign of each pope, the rubrics and dates of the bulls included in the third series
of the manuscript register above mentioned, and not found in the second, supplemented by me-
moranda from accessible Registers of English Cistercian monasteries containing documents of this
nature, and other quoted sources of information. Assuming the improbability of a Cistercian
Bullarium being published for some time to come, such an accompaniment seems, also, requisite,
inasmuch as the series of bulls in the text affords a suitable opportunity of providing, at least, a
connected abstract of documents, which throw remarkable light on the influence and decline of
an order that left beneficial results, deeply and indelibly traced, not only in the social history
of the kingdom, but in the history of European civilization.

A large portion of the bulls granting privileges to the Cistercian order were probably obtained
at the instance of the chapter-general, or of the parent house of Citeaux. In most instances,
they were addressed to the abbot of that monastery and all his fellow abbots, in others, with re-
spect to England, to the archbishops, bishops, and other prelates of the provinces of Canterbury
and York, when their operation was consequently confined to those provinces. Copies of them,
under the bulla, or papal seal, bearing varying dates, were therefore obtained from the pontiffs
who granted them, by different monasteries a circumstance which causes much trouble in their
identification and arrangement, especially when entered in a register in an undated and abstracted
form. "Without a knowledge, also, of the general series of privileges granted to the order, bulls
might be erroneously supposed to be special and peculiar to a house that had been previously en-
joyed elsewhere. Thus, the bull of Benefaciens Dominus, granted to the abbot and convent of
Meux, in Holderness, by pope Honorius III., on the 9th of April, in the eighth year of his pontifi-
cate (Lansd, MS., 424, f. 17), had been addressed to all archbishops, bishops, etc., on the 31st of
December, in his third year (Bullar. Rom. CocqueL, torn. iii. p. 201), and copies had been obtained
by Fountains on the 4th of January (Regist. Priml. de Font., f. 38), and by Meux, on the 15th of
March in the following year (Lansd. MS., 424, f . 15). In this case, the abbot of Meux probably
sought to add greater weight to some cause he might have in dispute, by the production of a
special exemption granted to his house under the papal seal. Sometimes the operation of a bull
of privileges was confined, in the first instance, to a particular province or provinces, and after-
wards was made general, as in the instance of another bull of pope Honorius III. Cum abbates
Cisterciensis ordinis which was originally addressed to the archbishops of Canterbury and York,
on the 25th of June, in the seventh year of his pontificate (Regist. Priv. de Font., f. 36), copies of
that date being entered also in the registers of Meux (Lansd. MS., 424, f. 15), and of Sibton in
Norfolk (Arund. MS., B.M. 221, f. 145). This was not, however, made generally operative, by
being addressed to all archbishops, bishops, and prelates until the 9th of November, in the ninth

OF FOUNTAINS ABBEY. 65

-rum regimen assumpti sumus, eas et a pravorum hominum ne-
quitia tueamur, et apostolicae sedis patrocinio foveamus. 1

Ea propter, dilecti in Domino filii, vestris justis postulationi-
bus clementer annuimus, et prsefatum locum, in quo Divino man-
cipati estis obsequio, sub beati Petri et nostra protections suscipi-
mus, et prassentis scripti privilegio communimus, Statuentes,
ut quascunque possessiones, qua3cunque bona, ipsum monasterium
in praesentiarum juste et canonice possidet, aut in futurum, con-
cessione pontificum, largitione regum, vel principum, oblatione
fidelium, seu aliis justis modis, Deo propitio, poterit aclipisci,

year of his reign, Regist. Priv. de Font., p. 3. f. 66. By one of the constitutions of the order, it
was directed " ut, in omnibus nionasteriis habeantur transcripta privilegiorum," and, in case of
neglect, the abbots, "stallum proprium ingredi non presumant, donee habuerunt ipsa privilegia."
MS. Laud, in Bibl. Bodl., 362, f. 8. If this regulation was strictly observed, the Register of
Fountains is, however, so far as I am informed, the only English volume devoted exclusively to
that purpose. Probably, like the original bulls, they were systematically destroyed at the
Reformation. There are not more than thirty chartularies of English Cistercian monasteries pre-
served in our public libraries and archives, and collections of papal privileges occur only in those
of Beaulieu, Fountains, Furness, Gerouden, Holm-Coltram, Heux, Sibton, and Vale-Royal.

Though the second part of the Register of Privileges of Fountains probably contains as per-
fect and comprehensive a collection of the papal privileges granted to the Cistercians, within the
provinces of Canterbury and York, as can now be recovered, still, the monks never appear to have
entertained a desire to obtain copies as the series was issued, either "sub plumbo" or under the
hand of a notary -public. Thus the compiler says of the bull of pope Urban III. Cum ordo
vester "Habetur apud Kirkestall sub bulla ;" of that of Alexander IV. Licet ad hoc " Originale
est in Claravalle, et transcriptum sub manu publica apud Kirkestale ;" of that of Boniface VIII.
In ecclesice firmamento "Est apud Revalle et Strateford ; " and other instances of a like nature
will be observed in the following notes. Some of these records were of greater rarity than others,
even when they were of greater importance, as in the instance where the compiler observes on the
bull of pope Innocent IV. Significastis nsbis "Est valde bonum privilegium et necessarium et raro
invenitur." In all cases, they were preserved with jealous care bond being required, even when
lent from one house of the order to another but when Fountains was the mother house, it is
somewhat surprising to find it said in its register, of the bull of Honorius III. Contigit interdum
"Apud Valle Dei dicitur esse sub bulla;" and of that of Gregory X. In, vestitu deaurato
Originale est, ut dicitur, in Parcolude, sed sub manu publica est apud Melsam et Jorevallem." It
is to be hoped, for the credit of all parties concerned, that it was an exceptional case which drew
forth the significant observation relative to the bull of Alexander IV. Sedes apostolica duxit
" Istud originale perdidimus per moniales de Syni-gthwait, tempore abbatis P., sed est aliud origi-
nale in Parcolude." The abbot thus alluded to was Peter Alyng, who is thought to have been
deposed. Vide vol. i. p. 139.

(1) The exordium, as well as other clauses, of Papal Bulls granting privileges to religious
houses, were drawn up, in ordinary cases, from settled forms and precedents, varied of course as
occasion required. Thus the exordium used in the present bull was adopted in that which follows
it in the text, granted by pope Eugenius III. ; and in the succeeding clause, after the word, annu-
imus, pope Innocent IL added, sometimes, on similar occasions, " atque praedecessorum nostrorum
vestigiisinhserentes," (Dallas Rom. ed. Cocquelines, torn. ii. coL 270-27L) A Bull of Confirm-
ation couched in nearly similar terms as the present was granted, by pope Eugenius III., to the
monastery of Vaussoire in France. (Coll. Vet. Script, ed. Mwrtene et Durand, torn. i. col. 819.)
(Dullar. Rom. Cocquel.,tom. ii. c. 321) ; and there is another with the same exordium and scope in
the collection of Cocqueliues, torn. ii. c. 459. Pope Innocent II., by a bull dated at the V:itir;m, /.
Id. Mar., 1140, takes the Cistercian abbey of Thame which I had occasion to mention in the first
volume of this work, p. 69 into his protection, adding the clause, "Sane decimis laborum noe-
trorum quos propriia manibus," etc., and enjoins that none shall disturb their possessions. Cott.
J/&, Julius, C. vii. fol. 304.

F, VOL. II.

66 MEMORIALS, ETC.

firma vobis vestrisque successoribus et illibata pennaneant.

Sane laborum vestrorum quos propriis manibus aut sumptibus
colitis, sive de nutrimentis vestrorum animalium, nullus omnino
clericus vel laicus a vobis decimas exigere praesumat.

Si qua vero libera et absoluta persona, pro redemptione animse
suae, vestro monasterio se conferre voluerit, earn suscipiendi facul-
tatem liberam habeatis. Addentes etiam auctoritate apostolica
prohibemus ne quis fratres vestros, clericos, videlicet, sive laicos,
post factam in vestro monasterio professionem, absque vestra
licentia suscipere audeat vel retinere.

Sanximus etiam nequis archiepiscopus vel episcopus, sive
cujuslibet ordinis, locum vestrum a divinis interdicat officiis, sed
liceat vobis omni tempore, clausis januis et exclusis excommuni-
catis, divina officia celebrare, nisi abbatis vel fratrum ipsius loci
evidens et manifesta culpa extiterit.

Si qua igitur, in futurum, ecclesiastica sascularisve persona,
hanc nostrae constitutionis paginam sciens, contra earn temere
venire temptaverit, secundo, tertiove commonita, si non satisfac-
tione congrua emendaverit, potestatis honorisque sui dignitate
careat ; reamque se Divino judicio existere de perpetrata iniqui-
tate cognoscat ; et a sacratissimo corpore et sanguine Dei et
Domini Kedemptoris nostri, Jesu Christi, aliena fiat; atque in
extremo examine districts ultioni subjaceat.

Cunctis autem eidem monasterio justa servantibus, sit pax
Domini nostri, Jesu Christi, quatenus, et hie fructum bonae actio-
nis percipiant, et apud districtum Judicem prsemia aeternaa pacis
inveniant. Amen. Amen. Amen.

Ego Innocentius, 1 catholicae Ecclesise episcopus, [subscripsi]. 1&

(1) Innocent II. was elected Pope, 15th February 1130, was consecrated on the 23rd of the
same month, and died 24th September, 1143. Of his acts and times see Baronius Annal. Eccles.,
ed. Mansi, torn, xviii. pp. 427-624. Muratori Rerum Ital. Script., torn. iii. pt. 1. p. 433, pars. ii.
col. 366. Ciaconius, Vit. et res gest. Rom. Pont., Bomge 1677, torn. i. col. 971-1010. Vita Innocentii
II. Pont. Rom., auctore Caulio; Marburgi, 1744. Hist. B. Platince de vttis Rom. Ponf.; Coloniae,
1574, p. 173. L'Art de Vtrefier les Dates; Paris, 1818, torn. iii. p. 343. Jafft Regesta Pont. Rom.,
p. 558.

The copy of the signum of pope Innocent II., and the monogram BENEVALETE, between
which the papal subscription is placed, are reduced in size one third from that drawn in the Regis-
ter of Privileges. There are also copies in Bullar. Rom., ed. CocqueL, torn. ii. col. 205-206. Ciac.
Vit. Rom. Pont., torn. i. col. 976. Papias says, in voce Formata, "Privilegia summorum episcop-
orum sunt cujuslibet ecclesise concessiones Pontificum, quorum materia haec est, ut dicat pontifex,
erogatum cujuslibet dignae personae, vel alia qualicunque ratione ecclesiae illi, ilia seu ilia pontifi-
cali concedere et roborare dignitate. Anathema ponatur in calce epistolaa. Habent autem et
Privilegia prologos, sicut et eastern epistolse, et monogramma hujusmodi in fine BTE., quod
est Bene valete. Signum autem in Privilegii exordio vel crismon, vel crux Dominica, cum crismon
erit. Consueverunt prgeterea in extremo margine privilegii quosdam insignire orbiculos, antis-
titis nomen, et quaelibet paucula verba continentes in hunc modum," etc. A facsimile of part of
an instrument of pope Benedict III. (A.D. 855-858) where the words BEXE VALETE are written
horizontally, the one below the other, will be found in Mdbillon De re diplomatica, pi. xxvij.

OF FOUNTAINS ABBEY. 67

Ego Conradus, Sabinensis episcopus. Ego Albericus Hos-
tiensis episcopus. 1

454 ; and the same mode is adopted in a bull of pope Nicholas I. (858-867), Kid., PI. xlviij. p. 456.
In a facsimile of a portion of a bull of pope Leo IX. (1048-1054), the monogram is represented as
in the text, and the name of the pope is inscribed within a circular border bearing an inscription.
Mabillon, alluding to this document, says Ibid. p. 460 " Perpetuam salutem Pontifex prsemittit.
Omissum est scriptum per manum Notarii, itidemque in plerisque subsequentibus Pontificum
bulk's, non tamen omnibus ut mox videbimus. Incipiunt circulus cum nomine et dicto Pontificis,
atque Bene Valete in monogramma redectum k Leo IX. Dat. praemisso crucis signo per ipsum
forsan Pontiflcem, cum solis annis ejus, omissis annis Imperatoris, ac deinceps." In Dr. Hickes'
Thesaurus, vol. i. p. 177, is a facsimile of a bull of pope Nicholas II., dated in 1061, where the
form of both the monogram and the circular sign is of simpler character than was used in
after days. Henschel, in his edition of Du Cange's Glossary, torn. i. p. 654, in voce Benevalete,
says, "Extat liber singularis Jo. Car. Conr. Oelrichs, de Signo Pont ificali, Bene Valete; Stettini,
ann. 1773, form. max. cum figg. ; but I have not been able to refer to a copy. With reference
to this subject, see also Cartularie de I' abbaye de Savigny, etc., par. Aug. Bernard, vol. i. Ele-
ments de paleographie ; par. M. de Wailly, torn. ii. pi. xii.

Pope Innocent the second by his Constitution, Habitantes in domo Domini, dated 10th
February 1132, confirming the possessions of the abbey of Citeaux, conceded also several very
important privileges to the Order in general, the origin of some of which has not always been
referred to so early a date.

" Et quoniam," he writes, " ubi spiritus Domini ibi libertas, ut liberius divinis famulatibus
valeatis insistere et purgata mentis acie siucerius contemplation! vacare, Prohibemus ne aliquis
archiepiscopus aut episcopus te vel successores tuos, seu aliquem abbatem Cisterciensis Ordinis
nisi pro fide, ad Concilium vel Synodum venire compellat.

Quia vero Cisterciense monasterium hujus Religionis origo est atque principium, nostra
concessione hac praerogativa non immerito gaudeat, ut si quando fuerit pastore proprio viduatum,
quemlibet abbatem de omnibus abbatibus vestri Ordinis vel monachum, salva nimirum sedis apos-
tolicae reverentia, sibi libere praeficiendum eligat et absque aliqua contradictione obtineat.

Casteris vero vestri Ordinis abbatiis quaa unam vel plures abbatias habent sibi subditas et de
sui corporis fructifera copia derivatas, abbate suo rebus humanis exempto, eligendi quemcunque
maluerint de sibi subjectis abbatibus, vel quemlibet monachum de omnibus Congregatiouibua
Cisterciensibus liberam concedimus facultatem.

Ilia autem abbatia quae nullam habet sibi subditam, quemlibet monachum de omnibus prae-
fatas Religionibus Congregationibus, cum concilio et deliberatione Cisterciensis abbatis et illius
qui eidem fratri eligendo prasfuerit, libere sibi in abbatem eligat et habeat.

Porro converses vestros qui monachi non sunt, post factam in vestris ccenobiis professionem,
nullus archiepiscoporum vel abbatum sine vestra grata licentia suscipere aut susceptum retinere
praesumat.

Verum quoniam sicut beato Gregorio Augustinum Anglorum episcopum instruente, didi-
cimus communi vita viventibus tarn de faciendis portionibus vel exhibenda hospitalitate et adim-
plenda misericordia nobis quid erit dicendum, cum omne quod superest in causis piis ac religiosis
erogandum est, Domino Magistro omnium docente : Quod superest " date eleemosinam, et ecce
omnia munda sunt vobis " ?

Statuimus ut de laboribus quos vos et totius vestrae Congregationis fratres propriis manibus
et sumptibus colitis et de animalibus vestris, vobis decimas expetere vel recipere nemo praesumat."
Manrique Annal. Cw*.,tom. i. p. 234. D'Achery Spicil. U. p. $n.Privil. de Vordre de Cisteaux,
p. 25.

The same pope confirmed also the possessions and privileges of the Abbey of Clairvaux,
17th Feb., 1132. D'Achery Spicil. II. p. 577.

(Ib) I have no doubt that, in transcribing this and several other subsequent Bulls, the com-
piler of the Register has omitted the X., indicating subscripsi, after the name of each pope,
bishop, and cardinal, under the impression that no signification attached to it. Of this sign, see
Mabillon De re dipl., p. 472.

(1) When acting as legate in England, he had been assisted by the first abbot of Fountains,
so perhaps the present Bull had been obtained through his influence. See vol. i. p. 70 ; and Priory
of Hexham, vol. i. p. 96.

68 MEMORIALS, ETC.

Ego Martinus presb.-card. sancti Stephani de Chelio monte. 1

Ego Stancius cardi-

nalis-presbyter. 2

Ego Ribaldus pres-

byter-cardinalis tituli

SanctaB Anastasise.

Ego Ivo presbyter-
card. Sancti Lauren-

tii tituli Damasi. 3

Ego Rainerius pres-

byter-cardinalis tituli
Sanctae Priscaa. Ego Goizo presbyter-card, tituli Sanctae Caeciliae.
Ego Gregorius diaconus-card. Sanctorum Sergii et Bachi.
Ego Otto diac.-card. Sancti Gregorii ad velum aureum. Ego
Hubaldusdiac.-card. Sanctae Marisein vialata. Ego Octovianus 4
diac.-card. Sancti Nicholai in carcere. Ego Guido saiictse
Romanaa ecclesiae diaconus-cardinaKs.

Data Laterani, per manuni Baronis 5 capellani et scriptoris,
xvi. Kal. Octobris, Indictione v,, Incarnationis Dominicoe
MCXLI O , anno vero pontificatus dompni 6 Innocentii papae secundi
duodecimo. Resist. Privil. de Font.jfol. 17,

II. PRIVILEGFIUM EUGFEN1I PAP^ III. I>E PROTECTIONE, CONFIR-
MATIONE QUORUMDAM LOCORUM, IMMUNITATE DECIMARUM,
ETC., UT SUPRA.

Eugenius 7 episcopus, etc., dilectis filiis Henrico, & abbati

(1) A distinguished disciple of St, Bernard, and once a monk at Clairvaux. See Ciac. T
torn. i. col. 984.

(2) Stantius aut Staroius. Ctac., torn. i. c. 990.

(3) There was one Ivo a cardinal about this time, but he was " Card^-diac. S. Mariaa in
Aquiro." Ciac., torn. i. col. 1004.

(4) Afterwards ordained by Pope Eugenius III., Priest-Cardinal of St. Caecilia, by which
title he is historically known as a statesman. Ciac., torn. i. col. 996.

(5) Bullse Innocentii II. sunt per manum Baronis capellani et scriptoris a; 21 Junii,. 1141, ad
15 Dec., 1141. Jafft Reg. Pont. Rom., p. 560.

(6) Domnus pro Domino per Syncopen dicitur, qua appellatione olim Pontificem Romanum r
mox et alios episcopos venerationis causa honorabant. Pontificem enim- Domnum apostolicum
vocabant ; ' nanv domiinus terroris, non reverentise vocabulum esse existimabant. Onuph. Panuini r
Interp. voc. eccles., p. 83.

(7) Eugenius III. was elected 27 Feb., 1145, consecrated 4th March, and died 8th June, 1153.
Cocquel. Bull. Rom., torn. ii. c. 284. " Ob. 7 au 8 Juillet." L' Art de Verefier, etc., t. iii. p,
347. Vide, Baron. Annal., torn, xviii. pp. 640-671. Muratori Rer. Ital. Scr., torn. iii. par. 1. p.
437. Ibid., pars. 2, col. 368. Vita et epistolce Eugenii Papce, etc., Labbcei Cone,, torn. xxi. col. 622,
et. seqq.Platina de Vit. Pont. Rom., p. \16.Libellus de miraculis Eugenii Papee III. Vet. Script,
et Man. Martene et Durand, torn vi.Jafft Reg. Rom. Pont., p. 617. Chacon says, ViL et res gest.,
Rom. Pont., torn. i. c. 1034, " De rebus gestis Eugenii III. fusius scripsit," ChrysosL Henriquez in
Fasciculo SS. ord. Cist., lib. 1, dist. 7 ; Otho Frisingensis episc., monachus Cistercien.; Petrus Man-
lius in Opusc. Hist, sacrce, ad Alex. III. Pont. ; Bermlb, Montalbus in Hist. Cisterci.; aliique plurimi.

(8) See vol. 1. pp. 100, 102, 109.

OF FOUNTAINS ABBEY. 69

monasterii Sanctas Marias de Fontibus, quod in episcopatu Ebora-
censi situm est, ejusque fratribus, tarn prsesentibus quam futuris,
regularem vitam professis imperpetuum. Apostolici moderaminis,
etc., ut supra. Ea propter, etc., ut supra. Statuentes, etc., ut
supra, usque permaneant. In quibus haac propriis duximus vocabulis
exprimenda, Locum ipsum de Fontibus, grangiam de Sutuna,
grangiam de Caituna, grangiam de Coutonemore, grangiam de
Warteshale, grangiam de Dacra et Aldeburgh, ( sic) cum terris
silvis, pascuis, et aliis appendiciis ad supradicta loca perti-
nentibus, Reinebergha, Neuhala 1 et caeteras terras quas Adam
films Suani dedit ad abbathiam aedificandam, Trutesdale, et quas-
cunque terras Eustachius filius Johannis dedit ad abbatiam con-
struendam. Sane laborum vestrorum, etc., ut supra. Si qua vero
libera etc., ut supra. Addentes etiam, etc., ut supra. Sanximus
autem etc., ut supra.

Paci quoque et tranquillitati vestrae paterna sollicitudine pro-
videntes, auctoritate apostolica prohibemus ut, infra clausuram
locorum sive grangiarum vestrarum, nullus violentiam vel rapi-
nam sive furtum facere vel hominem capere audeat : 2 et si quis
hoc temerario ausu praesumpserit, tanquam sacrilegus judicetur,
et excommunicationis ultione plectatur.

Decernimus ergo, ut nulli omnino hominum liceat praefatum
locum temere perturbare, aut ejus possessiones auferre, vel
ablatas retinere, minuere, seu quislibet vexationibus fatigare ;
sed omnia integra conserventur eorum pro quorum gubernatione
et sustentatione concessa sunt, usibus omnimodis pro futura;
salva sedis Apostolicae auctoritate et dioecesani episcopi canonice
reverentia.

Si qua igitur infuturum ecclesiastica saecularisve persona,
hujus nostrae constitutionis paginam sciens, contra earn temere
venire temptaverit, secundo, tertiove commonita, nisi reatum
suum congrua satisfactione correxerit, potestatis honorisque sui
dignitate careat, reamque se, etc., ut supra. Cunctis autem eidem
loco justa servantibus sit pax, etc., ut supra* Amen.

Ego Eugenius catholicae Ecclesiae episcopus, 3 [subscripsi],

(1) Ibid., p. 56, note 5.

(2) The fourteenth Canon of the Council of Pisa, held in 1134, ordained, " Ut [in] eo qui ad
ecclesiara, vel cimiterium confugiant, nullus omnino manus mittere audeat. Labbaei Cone., torn,
xxi. col. 490. See also the 13th and 14th Canons of the Council of Bheims, 1148. Ibid., torn. xri.
col. 718.

(3) There is a fac-simile of part of a Bull of Pope Eugenius III., with the Signum, Bulla,
etc., in Rymer's Fcedera, N.E., vol. i. pars. 1. p. 15. His Signum occurs with different circum-
scriptions. In one, used in a Bull without date, it is uninscribed. (Muratori Antiq. Ital. medii
cevi, torn. vi. c. 420.) Chacon mentions only one, where the inscription, FAC MECUM SIGNUM
IN BONUM, appears written horizontally. ( Vit. et ret ge$t. Rom. Pont., torn. i. c. 1032.) In a Bull

Ego Conradus Scabinensis episcopus. Ego Imams Tusculanus
episcopus.

dated 15 Kal. Mar., 1146, the circumscription is, OSTENDE NOBis DOMINE MISERICORDIAM
TUAM (Bullar. Rom. CocqueL, t. ii. c. 296) but, on x. Kal. Jan., 1146, it is written FAG MECUM
DOMINE SIGNUM IN BONO, and also in one dated in 1150. (Ibid., torn. ii. c. 301, 315. Jaffe
Regist. Rom. Pont., p. 615.) FAG MECUM SIGNUM IN BONUM is used in a Bull dated 8 Kal. Julij,
1147, (Bullar. Rom. Cocq., t. ii. c. 303,) and also in another, dated 4 Id. April, 1148, addressed
to Serlo abbot of Savigny, " Statuentes ut Ordo monasticus, secundum Institutionem Cistercien -
sium fratrum, tarn in prasfato monasterio, quam in his quas sub ejus potestate consistunt, futuris
temporibus inviolabiliter conservetur ; et ut abbathias, qme ad jus tui monasterii pertinere nos-
cuntur, in tua tuorumque successorum obedientia et subjectione permaneant." Of the thirteen
houses designated, twelve were in England, including Furness, Calder, and Byland, and one in the
Isle of Man. (Ibid., t. ii. 307). A similar Bull, comprehending many foreign houses, was
issued by Pope Anastasius IV., xii. Kal. Maij, 1154. (Bullar. Rom. Cocq., t. ii. c. 343, ex
Martene Vet. Script., torn. i. col. 433).

Pope Eugenius, by a Bull, addressed to Gotho abbot of Citeaux and to all the other brethren
and monks of the Cistercian order, and dated at Segni on the calends of August, in the eighth
year of his pontificate, confirmed the " Carta Caritatis," or Fundamental Statutes of the order,
drawn up by Stephen Harding, 3rd abbot of Citeaux, with the counsel of his religious. The only
confirmation which it had previously received was granted by Pope Calixtus 2nd, in 1119, being
also the first Privilege which the order had acquired, after the exemption conceded to the abbey of
Citeaux at its establishment in 1098, and confirmed by Pope Paschal 2nd, in 1100. These three
Bulls are entered in the Register of Privileges with the following rubrics.

I. Privilegium domni Paschalis papoe II. Quod Locus Cistercii ab omnium mortalium molestiis
tutus et liber maneat. Ibidemque perpetuo abbatia sub speciali sedis Apostolicce tutela habeatur, inhi-
bendo ne quis ipsum cosnobium, quod Novum dicitur Monasterium, out ipsius congregationem,
astutiis quibuslibet aut violentiis perturbet ; paciftcationem controversies inter Cistercienses Molis-
menses confirmando.

Paschalis episcopus, etc. Venerabili filio Alberico, Novi Monasterii abbati, quod in Cabilo-
nensi parrochia sitnm est, ejusque successoribus regulariter substituendis, imperpetuum. Deside-

rium quod ad religiosum, etc. Datum Trojae, per manum Johannis, S.R.E. diac-card., xiiii. Kal.

Maii, Indie, viii. Incarn. Dominican anno M.C., pont. autem domni Paschalis II. papse, secuudo
Regist. Privil. de Font., pars Z.fol. 61b. See also, Privil. Ord. Cist., p. I. Bullar. Rom. Coquel.,
torn. ii. c. Il3.Manrique Annul. Cist., vol. 1. p. 22.Labbaei Cone. ed. Mansi, torn. xx. col. 980.
Cherubini Bullar., torn. i. p. 15. Henriquez observes as to the date, "Pro Kal. Maii videtur
legendum xiv. Kal. Nov." Regula, etc., p. 51.

It is not improbable that the first colony of monks which left Fountains bestowed the name of
Newminster on their house, in honor of the original name of the parent house of their Order.

//. Privilegium domni Calisti Papoe II. de confirmatione primorum Statutorum abbatis et conventus

Cisterciensis, ut sunt Carta Charitatis, usus Ordinis, et ea quoe antiqua dicuntur Cisterciensium

Instituta.

Calistus episcopus, etc. Charissimis in Christo filiis, Stephano venerabili Cisterciensis monas-
terii abbati et ejus fratribus, salutem et Apostolicam benedictionem. Ad hoc in Apostolicaa sedis

regimen, etc. Data Sede loci, per manum G-risogoni S.R.E. diac.-card. ac bibliotecarii, Kal.

Jan. Indie, xiii. Incarn. Dom. anno MC.XIX., pont. autem domni Calisti secundi papas anno primo.
Regist. Priv. de Font., p. 3. fol. 62. See also Priv. Ord. Cist., fol. 2. Henriquez Regula, etc., p. 52.
Bullar. Rom. CocqueL, torn. ii. c. 166. Baron. Annul., torn, xviii. p. 328. Manrique Annal.
Cist., vol. i. p. 115. Labboei Cone. ed. Mansi, torn. xxi. col. 190. Fejbr Codex Dipl., torn. ii. p. 61.
Ypes Coronica de la order de San Benuto, vol. vii. appx. p. 6. Afonast. Angl., torn. i. p. 701.
Addit. MS. Brit. Mus., 18, 148, fol. 7.
///. Privilegium domni Eugenii Papoe III. de eo, quod confirmat Cartam Charitatis et Consuetudinis

ac Statuta Ordinis Cisterciensis, cum quibusdam specialibus gratiis.

Eugenius Episcopus, etc. Dilectis filiis Gothonio Cistercien. et creteris fratribus ac monachis,
tarn praesentibus quam futuris, regularem vitam et Cistercien. Statuta professis, imperpetuum.
Sacrosancta Romana ecclesia, sicut in beato Petro Apostolorum Principe a Domino promissionem

obtinuit, etc. Datum Signiae per manum Baronis S.R.E., scriptoris, Kal. Aug. Indie, xv., Incarn.

Dom. anno 1152, pont. vero dompni Eugenii Papas III., anno octavo. Regist. Privil., p. 3. fol. 26.

This Confirmation occurs also, with the Carta Caritatis subjoined, in Bullar. Rom. CocqueL,

OF FOUNTAINS ABBEY.

Ego Gregorius presb.-card. tituli Calixti.

Ego Guido presb.-card. tituli Sancti

Grisogoni. 1

Ego Bernarclus presb.-card. tituli Sancti

Clementis. Ego Oddo diac.-card. Sancti

Georgii ad velum aureum.

Ego Gregorius diac.-card. Sancti Angeli.

Ego Petrus diac.-card. Sanctse Mariae in

via lata.

Data Trans Tibrim, per manum Roberti, sanctae Romanae
ecclesiaa presbyteri-cardinalis et cancellarii, quarto Kal. Februarij
Indictione viiii., Incarnationis Dominicae anno McxLV t 2 , pontifi-
catus vero dompni Eugenij papae tertii anno primo. Ibid., fol. 17.

III. ANASTASIUS IV. CONFIRMAT INSTITUTA ORDINIS ET "CAR-
TAM CHARITATIS," ET STATUIT GRANGIAS FORE QUIETAS, SICUT
ATRIA ECCLESLE. EST IN CISTERCIO.

Anastasius, etc., 3 dilectis filiis Lamberto Cisterciensi et caeteris

torn. ii. col. 325, and in Labbcei Cone. ed. Mansi, torn. xxi. col. 669, without the Carta, but the
authority is not quoted in either instance. See also Bullar. Cherubini, Romae 1617, torn. i. p. 19.
Manrique Annul. Cist.LugA. 1642, torn. ii. c. 205. Priv. Ord. Cist., fol. ^.Henriquez Regula
etc., p. 53.Regist. Hon. Vallis Regalis, Harl. MS., 2064 fol. 48b.

Pope Eugenius III. by his Bull, " Cum omnibus ecclesiasticis" dated 21st Oct., 1149, granted to
Serlo Abbot of Savigny, that, " tarn de personis, quam de rebus monasteriorum ei subjectorum, juxta
Cisterciensium fratrum constitutionem disponendi et ordinandi habeat facultatem," prohibiting
" ut nulli post factam in eisdem locis professionem liceat, se ab ejus vel successorum subjectione
subtrahere." Martene et Durand. Vet. Script., torn. i. p. 813. Neustria Pia, p. 684.

(1) " Ego Guido presb.-card. tit. S. ChrysogonL" Bullar. Cocq. t. ii. c. 289. Jaff6 Reg., p. 615.

(2) Probably this date should be MCXLVlto. Pope Eugenius III., in dating his Instruments,
sometimes began the year on the 1st of January and sometimes on the 25th of March ; but as he
was elected on the 15th Feby., 1145, it could not have been calculated by either process that iiii.
Kal. Feb. MCXLV. was in the first year of his pontificate. One of his Bulls, confirming lands to
the Cistercian Abbey of Thame, is " Datum Trans Tibrim per manum Roberti S.B.E. presb-card.
et cancellarii, Non. Feb. Indict, viiii. Incarn. Dom. MOCXLVJto. pont vero domni Eugenii Papae III.
anno primo." Signum. FAC MECUM SIGNWfl IN BONUM. (Cot. MS. Julius A. vii. fol. 304&). It
appears otherwise that he was, " Trans Tibrim," on the 28th Jany., 1146, and during several weeks
subsequently. (Jafft Regest., p. 617). Besides the year 1146 was in the ninth indiction.

(3) Anastasius IV.was elected 9th July, 1153, and died 2nd Deer, in the year following. Vita
et epist. Anast. papoe IV. Labbcei S. Cone., torn xxi. col. 773-784. Baronii Annal., torn. xix. p. 76.
Ciacon., torn. i. col. 1051-6. Muratori Rer. Ital. Scr., torn iii. pars 1. p. 440, pars 2. col. 370.
Platina, p. 117. L'Artde Vdrefier, t. 3. p. 347. Jaffe Regesta, p. 653. Bullar. Rom. Cocq., t. ii. c. 334.

This pope, on the 20th of April, 1154, issued a bull of confirmation in favour of the abbey of
Savigny, " Statuentes ut ordo monasticus secundum ordinem Cisterciensum fratrum, tarn in pras-
fato monasterio quam in his quae sub ipsius potestate et disciplina consistunt, f uturis temporibus
inviolabiliter conservetur, et ut abbathiaa quaa ad jus tui monasterii pertinere noscunter, in tua
tuorumque successorum obedientia et subjectione permaneant. (Bullar. Rom. Coquel., t. 2. c. 322.)
The names of these monasteries are recited, and among them occurs, " Abbathia de Fontibus,"
but this is the abbey of Les Blanches Fountaines in the diocese of Tours in France, founded about
the year 1132. From this list it appears that the English houses then subject to Savigny were
Furness, Holand, Caldre, (Russin in the Isle of) Man, Byland, Joreval, Basingwerk, St. Mary da
Durelina, Pulton, Buildwas, Nethe, Buckfast, Quarre, and the abbey "-de Dragonis fonte." In a

72 MEMORIALS, ETC.

abbatibus ac monachis, tarn prsesentibus quam futuris, regularem
vitam, et statuta Cisterciensis ordinis professis, imperpetuunu

Sacrosancta Romana ecclesia sicut in beato Petro Apostolorum
principe a Doinino promissionem obtinuit, quod universalis
Ecclesiaa fundamentum existeret, et pra&ceptum accepit, ut Chris-
tianas fidei professores, in fide, religione, omnique sanctimonia
confirmaret. Ita pro universarum ecclesiarum profectibus, solli-
citam se semper exhibuit, et de instituendo, conservando et pro-
vehendo, in omnibus ecclesiis cultum sacrse religionis, fuit omni
tempore studiosa ; ita ut ab ea, sicut a fonte, ad universes ecclesiae
filios sit religio derivata ; et quod ab aliis, qui Spirittis primitias
acceperunt, religiose ac salubriter institutum est, per eandem
immutabilem acceperit firmitatem.

Inde est, dilecti in Domino filii, quod sacrse religionis vestrse
opinione, odore 1 tanquam agri pleni cui benedixit Dominus,
provocati, religiosis petitionibus vestris benignum impertimur
assensum, et regulares Institutiones vestras auctoritate apostolica
confirmamus. In quibus, sub certis capitulis 2 , quse inferius
annexa sunt, decrevimus exprimenda.

Statuistis equidem inter vos, ne in alicujus antistitis dioecesi
ordinis vestri abbatia fundetur, donee ipse antistes, decretum,
quod inter ecclesias ordinis vestri ad custodiam disciplinse firma-
tum est, ratum se liabere promittat.

Et ut in omnibus monasteriis de Ordine vestro, sicut in Cis-
terciensi ecclesia, beati Benedicti Regula perpetuis temporibus
observetur, et in lectione ipsius, nullus ordinis vestri professor,
prseter simplicem et communem intelligentiam, quemlibet alium
sensum inducat, sed uniformiter, et sicut quasque diffinita nos-

bull of pope Engenius of like nature dated in 1148 the English abbeys only are mentioned, namely,
Furness, Bufest, Buildwas, Nethe, Quarre, Stratford, Cogeshall, Basingwerk, Cumbermere, Byland,
Swineshead, Calder, and (Russin in the Isle of) Man.

(1) Genesis 27. v. 27.

(2) The Carta Caritatis was divided sometimes into 23 and sometimes into 30 Articles.
According to the latter and more modern arrangement, these are classed under five Chapters. The
first, 15, treats on the mode of living and the uniformity of procedure in monasteries of the
Order. The second, 614, relates to Supervision and the mode of Visiting them. The third,
1520, to the manner of holding the General Chapter of the Order and its authority. The fourth,
2124, to the mode of electing abbots ; and the last, 2530, to the mode of receiving their
resignation and conducting their deposition.

This confirmatory Bull of Pope Anastasius occurs also in Privil. Ord. Cist.Henriquez Regula,
etc., p. fA.Regisl. Vail. Regal. Harl. MS. 2064, fol. 50. It adopts the exordium and text of that
of Pope Eugenius III., but comprehends the tenor of the Carta more diffusely. In the text the
Carta is not subjoined to the Confirmation, nor, as it had been previously appended to that of
Eugenius, in that entered in the third part of the Register of Privileges, according te the printed
copy in Priv. Ord. Cist., 1491, for the folio which once contained thia Bull has been cut out of
the manuscript.

OF FOUNTAINS ABBEY. 73

cuntur, intelligantur ab omnibus, et inviolabiliter observentur, 1 et
esedem penitus observantias, idem cantus, et iidem libri, qui ad
ecclesiasticum officium pertinent, per universas ecclesias vestri
Ordinis teneantur. Nee aliqua omnino ecclesia vel persona Ordinis
vestri, adversus communia ipsius Ordinis Instituta, privilegium
a quolibet postulare audeat, vel obtentum quomodolibet retinere.

Decrevistis 2 itidem, ut nulla ecclesia Ordinis vestri ei quam
genuit aliquam terreni exactionem commodi imponat, sed tantum
ut abbas matris ecclesiaa curam animarum habeat, tarn abbatis
quam fratrum domus illius, et illi, tanquam patri suo, ei obedien-
tiam et reverentiam exhibeant filialem, et ipse potestatem habeat
corrigendi quae in eis noverit corrigenda.

Ordinatum est etiam inter vos, ut omnes abbates de Ordine
vestro, singulis annis ad generale Capitulum Cisterciense, omni
postposita occasione, conveniant, illis solis exceptis, quos a labore
vise, corporis infirmitas retardaverit; qui tamen idoneum nuncium
delegare debuerint, 3 per quern necessitas remorationis eorum 4
valeat Capitulo nunciari ; et illis item exceptis, qui in remotiori-
bus partibus habitantes, sine grandi et evidenti difficultate, se
nequeant 5 Capitulo praesentare. Qui nimirum eo ^Lermino
venient, qui eis fuerit in ipso Capitulo constitutus.

Praterea si aliqua controversia inter quoslibet abbates de
Ordine vestro emerserit, vel de aliquo eorum 6 tarn gravis culpa
fuerit propalata, ut suspensionem, aut etiam depositionem merea-
tur, quicquid inde a Capitulo fuerit 7 secundum vestrum Ordinem
diffinitum, sine retractione aliqua observetur. 8 Si vero pro
diversitate sententiarum in discordia causa devenerit, illud inde
irrefragibiliter teneatur quod abbas Cistercii, qui pro tempore
fuerit, cum his qui sanioris consilii et magis idonei apparuerint,
indicabimt; hoc observato, ut nemo eorum ad quos specialiter

(1) Observetur. Easdemque penitus observantias, eumdera cantum, et eosdem libros qui ad
officium ecclesiasticum pertinent, per universas ecclesias vestri Ordinis teneatis. Con/. Cart. Carit.
P. Eugenii Cocquel., t. ii. col. 326.

(2) This clause does not occur in the Confirmation of Pope Eugenius.

(3) debebunt. Eugen. con/. (4) illorum. E.
(5) nequiverunt. E. (6) illorum. E.

(7) fuerit canonice difinitum. E.

(8) After the word, "observetur," the Confirmation of Eugenius adds from the Carta
" Personam autem de aliquo Ordine nulla ecclcsiarum vestrarum sibi eligat in Pastorem, prout
nee vestri Ordinis aliquem monasteriis aliis statuistis ordinati posse abbatem." He then proceeds
with the clause. " Haec nimirum, dilectissimi lilii, de multis Institutionibus Ordinis vestri ex-
cerpsimus, et propriis curavimus Capitnlis designare. Quia vero singula quse ad Beligionis pro-
fectum, et animarum salutem regulariter ordinastis, prruseuti abbreviation! nequiverunt annecti,
nos cum his, qua) prsescripta sunt, omnia qune continentur in Charta vestra, qua? appellatur
Charitatis, et quiecunque inter vos Religionis intuitu regulariter statuistis, auctoritate Apostolica
roboramus," etc. (Bullar. Rom. Cocquel., torn. ii. c. 320.) The seven clauses succeeding in the
text are not inserted in the confirmation of Eugenius.

causa respexerit, diffinitioni debeat interesse.

Addidistis quoque ad hoc, ut si quis abbas, pro inutilitate et
pusillanimitate sua, se viderit ab abbatise onere relaxandum ab
abbate illius domus de qua domus sua exivit, postulet humiliter
relaxari. Qui petition! ejus non leviter acquiescet, nee quicquam
inde auctoritate sua efficiet, sed congregatis aliquantis abbatibus
de Ordine vestro, cum eorum consilio peraget quod inde pariter
cognoverint adimplendum.

Si quis autem abbatum Ordinis vestri sanctae regulae vel
Ordinis contemptor vel praevaricator, aut commissorum sibi fra-
trum vitiis consentiens apparuerit, abbas matris ecclesiae per
seipsum, vel per Priorem suum, aut quomodo melius cognoverit
expedire, usque quater, ut corrigatur admoneat. Quod si, post
hanc admonitionem, nee culpam suam corrigere, nee a susceptas
provisionis officio cedere voluerit, aliquanti abbates vestri Ordinis
in nomine Domini congregentur, et communicate consilio, si
viderint opportunum, eum a regimine submoveant abbatiae, ac
postmodum alter qui dignus sit, consilio et voluntate majoris
abbatis, a monachis ejusdem ecclesiae simul et abbatibus, si qui ad
earn pertinent, eligatur. Si autem is qui deponitur, aut ejus
monachi, datae in eum sententiae contumaciter decreverint reluc-
tandum, abbas matris ecclesiae casterique abbates plenam habeant
auctoritatem censura eos districtionis ecclesiasticae cohercendi.
De quibus sane, si aliquis reversus ad cor, de sua contumacia
resipiscens matris suae misericordiam humiliter postulaverit, illius
exemplo qui totam substantiam suam 1 male vivendo prodegerat,
sicut films posnitens recipiatur. Sine qua utique causa multo
semper studio attendenda, monachum cujuslibet abbatiae in al-
teram abbatiam ad habitandum nullo modo recipi debere sanx-
isfcis.

Adjicientes, itidem, ut si forte abbates Ordinis vestri matrem
vestram Cistercii ecclesiam a sacrae religionis observantia exorbi-
tare perspexerint, ipsius loci abbatem per tres primos abbates de
Firmitate, scilicet, de Pontiniaco et de Claravalle, usque quater,
ut corrigatur, et subditos suos corrigere laboret, ammoneant ; et
omnia quae de aliis abbatibus supradiximus, circa ipsum adim-
pleantur, excepto quod si cedere sponte noluerit, nee deponere,
nee si contumax apparuerit, excommunicationis eum sententia
poterunt innodare, donee, aut in generali capitulo, aut, si forte
illud sine grandi periculo nequiverit expectari, convocatis abbati-
bus qui de Cistercio exierunt et aliquibus eorum, ipsi communi
consilio virum inutilem ab officio abbatis amoveant, et tarn ipsi

(1) Luc. xv. v. 13.

OF FOUNTAINS ABBEY.

quam monachi Cistercienses alium idoneum abbatem ei studeant
subrogare. In ilium porro qui depositus fuerit et monachos ejus,
si recalcitrare praesumpserint, sicut de aliis abbatibus constitutum
est, sententiam severitatis ecclesiasticae, prout melius viderint
expedire, non dubitent promulgare. De quibus, si post haec
aliquis, culpam suae contumaciae recognoscens, ad quamlibet
trium praedictarum ecclesiarum se salutis causa contulerit, sicut
domesticus ecclesiae recipiatur, quousque prout conveniens fuerit
suae restituatur ecclesiae. Interim autem annuus abbatem con-
ventus non apud Cistercium, sed ubi a tribus praenominatis abba-
tibus provisum fuerit, celebretur.

Praesenti etiam capitulo subnexuistis ut liceat unicuique matri
ecclesiae Ordinis vestri, tarn de monachis quam de abbatibus ipsis
ecclesiarum quae ab ipsa processisse noscuntur, sibi quaecunque
voluerit, si tamen dignus extiterit, assumere in abbatem. Perso-
nam autem de alio ordine, nulla ecclesiarum vestrarum sibi eligat
in pastorem, sicut nee vestri ordinis aliquam monasteriis aliis
statuistis ordiuari posse abbatem.

Haec nimirum, dilectissimi filii, de multis Institutionibus
Ordinis vestri excerpsimus, et propriis curavimus capitulis desig-
nari. Adjicientes quod nullus episcoporum, abbatiis vel grangiis
vestris, aliquam religiosorum seu sascularium habitationem, unde
vobis inquietatio possit provenire, superasdificari permittat. Nemo
etiam professos vestros, monachos aut converses, sine licentia
abbatum suorum, recipiat, aut susceptos audeat retinere.

Quia vero singula quae ad religionis profectum et animarum
salutem regulariter ordinastis, praesenti abbreviationi nequiverunt
annecti, nos cum his quae praescripta sunt, omnia quae contin-
entur in Carta vestra quae appellatur Charitatis, et quaecunque
inter vos religionis intuitu regulariter statuistis, auctoritate apos-
tolica roboramus ; vobis, vestrisque successoribus, et omnibus qui
Ordinem vestrum professi fuerint, inviolabiliter perpetuis tem-
poribus decernimus observanda.

De caetero quia propositum firmum habetis habitationi vestrae
loci extra conversationem saecularium eligendi, grangias vestras,
sicut et atria ecclesiarum, a pravorum incursu ac violentia,
liberas et quietas fore statuimus, ut nullus ibi hominem capere
spoliare, verberare, aut rapinam exercere praesumat, in virtute
Spiritus Sancti, inhibemus.

Sancientes etiam, ut propter communia interdicta terrainim,
nulla ecclesiarum vestrarum a divinis compellatur ofBciis abstinere. 1

Interdicimus item, ne aliqua omnino persona fratres Ordinis

(1 ) In the Confirmation of Eugenius is added, " Sed liceat omnibus de Ordine vestro, excom-

MEMORIALS, ETC.

vestri audeat ad sascularia judicia provocare ; sed si quisquam
sibi adversus eos aliquid crediderit de jure competere, sub ecclesi-
astici judicis examine experiendi habeat facultatem.

Decernimus ergo, ut nulli omnino liceat hancpaginam nostrae
confirmationis infringere, vel praescriptas Institutions vestras
ausu temerario violare. Si quis autem, etc., ut supra.
Ego Anastasius 1 ca-
tholicae Ecclesiaa epis-
copus [subscripsi].
Ego Hymarus Tus-
culanus episcopus.
Ego Hugo Hostiensis
episcopus. Ego Gre-
gorius presbyter-car-
dinalis tituli Sancti
Calixti. Ego Hubaldus presbyter-cardinalis tituli Sanctae Prax-
edis. Ego Manfredus presbyter-cardinalis tituli Sanctae Sabinae.
Ego Aubertus presbyter-cardinalis tituli Sanctae Anastasiaa. Ego
Julius presbyter-cardinalis tituli Sancti Marcelli. Ego Guido
presbyter-cardinalis tituli Pastoris. Ego Johannes presbyter-
cardinalis Sanctorum Johannis et Pauli tituli Pamachii. Ego
Henricus presbyter-cardinalis tituli Sanctorum Nerei et Achillei.
Ego Odo diaconus-cardinalis Sancti Georgii ad velum aureum.
Ego Guido diaconus-cardinalis Sanctae Mariae in porticu. Ego
Johannes diaconus-cardinalis Sanctorum Sergii et Bachi. Ego
Girardus diaconus-cardinalis Sanctae Marise in via lata. Ego
Odo diaconus-cardinalis Sancti Nicholai in carcere Tulliano.

Data Laterani, per manum Rollandi Sanctae Romanae ec-
clesiae presb.-card. et cancellarij, v Id. Decembris, Indictione n a ,
Incarnationis Dominicae MC O LIII, pontificate vero dompni Anas-
tasii papa3 mi., anno primo. Ibid.^fol. 24.

IV. PRIVILEGIUM ADRIANI IIII* 1 DE PROTECTIONE ; CONFIRMA-
TIONE LOCORUM ; IMMUNITATE DECIMARUM ; CONFIRMATIONE
LIBERTATUM REGIARTJM ; EXEMPTIONE ABBATIS A JURISDIC-
TIONS EPISCOPI, ETC.

Adrianus 2 episcopus, servus servorum Dei, dilectis filiis Ri-

municatia et interdictis ejectis, clausis januis, summissa voce fratribus suis divina celebrare
solemnia."

(1) Vide, " Anastasii P.P. signum et subscriptio." (Bullar. Rom. CocqueL, torn. ii. col. 340.)
" Locus sigilli, CUSTODI MK DOMING UT PUPILLAM OCULI," without the monogram of bene-
diction. Ibid., col. 345.

(2) This Pope Nicholas Breakspear, an Englishman was elected 5 Dec., 1154, died 1 Sep.,

OF FOUNTAINS ABBEY. 77

cardo abbati ecclesise de Fontibus ejusque fratribus, tarn praesenti-
bus quam futuris, regularem vitam professis, imperpetunm.

Officii nostri nos ammonet et invitat auctoritas pro ecclesiarum
statu satagere, et earum quieti ac tranquillitati, auxiliante Do-
mino, salubriter providere.

Ea propter, dilecti in Domino filii, vestris justis postulationi-
bus clementer annuimus, et prsefatam ecclesiam, in qua divino
mancipati estis obsequio, sub beati Petri et nostra protectione
suscipimus, et praesentis scripti privilegio communimus; sta-
tuentes ut quascunque possessiones, quascunque bona eadem
ecclesia in prassentiarum juste et canonice possidet, aut, in fu-
turum, concessione pontificum, largitione regum vel principum ?
oblatione fidelium, seu aliis justis modis, praestante Domino,
poterit adipisci, firma vobis vestrisque successoribus et illibata
permaneant. In quibus haac propriis duximus exprimenda voca-
bulis. Ecclesiam de Fontibus, et grangiam de Morcher, cum
tota terra de Herleshow, per suas divisas plenarias, ex dono
Koberti Sarez et uxoris illius Raganildis, 1 et terram de dono
Willielmi de Percy, et terram quam dedit Ricardus Pedelarrun 2
et Normannus filius Uctredi, et terram quam Aldelinus de Alde-
felde dedit vobis, et terram quae erat in calumpnia inter Herles-
how et Bertrannum de Bulmer quam ipse quietam clamavit.
Grangiam de Button, cum terris, ex dono Rogeri de Molbray et
uxoris ejus Aaliz, et Radulphi de Bellun, cum terris acquisitis a
Torphino filio Gosipatric, et a Godwyno de Clutherum, et filio
ejus Dolfin. Grangiam de Caiton, 3 cum terra Herberti, et via ex
concessu Ricardi Pedelarrun, et terram quae erat in calumpnia
inter Caitonam et Merchingtonam. Grangiam de Kylnesey, cum
terra quam Copsi de Redmer quietam clamavit. Grangiam de
Cowton-More cum appendiciis suis. Grangiam de Daker, cum
necessariis plenarie in Foresta de Niderdale, ex dono Rogeri de
Molbray. Grangiam de Aldeburgh, cum terra quam dedit
Turgisius filius Malgeri. Sex acras terrae de dono Gichel in
Balderby, et tres de Radulpho de Brisow cum caeteris terris,
silvis, pascuis, pratis, et aliis appendiciis ad supradictas grangias-
pertinentibus. Libertates etiam omnes seu immunitates ac regias
consuetudines a karissimo filio nostro Henrico 4 Anglorum rege

1159. Bullar. Rom. Cocq., t. ii. col. 348 ; butL'Artde Vkrefier says, "futelu papeS Decembre,
1154." Vit et Epist. Labbcei S. Cmc,, t. xxi. 785-830. Baron., torn. xix. p. 17-U9.Muratori
Her. Ital. Scr., t. iii. p. 1, p. 440, p. 2, col. 371. Ciac., torn. i. c. 1055-1070. Platina, p. 177.
Jaffe Regest., p. 658.

(1) See vol. i. page 54. (2) Ibid., p. 157.

(3) Ibid., p. 55.

(4) See the present volume, Noa. iii. iv. v., pp. 3-5.

78 MEMORIALS, ETC.

rationabiliter vobis et ecclesiae vestrae indultas, et script! sui
pagina roboratas, auctoritate apostolica confirmamus, et illibatas
perpetuis temporibus statuimus permanere.

Sane laborum novalium vestrorum quos propriis manibus aut
sumptibus colitis, sive de nutrimentis animalium vestrorum,
nullus omnino clericus sive laicus a vobis decimas exigere prae-
sumat. Adjicientes prgeterea constituimus, ut si super decimis
inter vos et aliquam personam ecclesiasticam, cum consensu
archidiaconi vel episcopi sui, compositio rationabiliter facta est,
rata perpetuis temporibus et inconcussa persistat.

Si qua vero liber a et absoluta persona, pro redemption e
animae suae, vestro monasterio se conferre voluerit, sucipiendi
earn liberam facultatem habeatis. Addentes etiam, auctoritate
apostolica interdicimus, ne quis fratres vestros, clericos sive laicos,
post factam in monasterio vestro professionem, absque vestra
licentia suscipere audeat vel retinere.

Praesenti quoque decreto sanximus, ut episcopus in cujus epis-
copatu ecclesia vestra consistit, nee regularem electionem abbatis
vestri unquam impediat, nee de removendo ac deponendo eo qui
pro tempore fuerit, contra statuta Cisterciensis Ordinis, et aucto-
ritatem privilegiorum suorum se ullatenus intromittat. Sanx-
imus autem, ne quis archiepiscopus vel episcopus sive cujuslibet
ordinis locum vestrum a divinis interdicat officiis, sed liceat
vobis omni tempore, clausis januis et exclusis excommunicatis et
interdictis, divina officia celebrare, nisi abbatis vel fratrum ipsius
loci evidens et manifesta culpa extiterit.

Paci quoque et tranquillitati vestrae paterna sollicitudine
providentes, auctoritate apostolica prohibemus, ut infra clausuras
locorum sive grangiarum vestrarum, nullus violentiam vel ra-
pinam, sive furtum facere, vel hominem capere audeat. Et si
quis super hoc temerario ausu praesumpserit, tanquam sacrilegus
judicetur, et excommunicationis ultione plectatur. Decernimus
ergo, ut nulli omnino hominum liceat praefatam ecclesiam temere
perturbare, aut ejus possessiones auferre, vel ablatas retinere,
minuere, seu quibuslibet vexationibus fatigare, sed illibata omnia
et integra conserventur eorum pro quorum gubernatione et sus-
tentatione concessa sunt usibus omnimodis pro futura. Salva
sedis apostolicae auctoritate, et dicecesani episcopi canonica rever-
entia.

Si qua igitur, infuturum, ecclesiastica saecularisve persona,
hanc nostrae constitutionis paginam sciens, contra earn temere
venire temptaverit, secundo tertiove commonita, nisi praesump-
tionem suam congrua satisfactione correxerit, potestatis honor-

OF FOUNTAINS ABBEY.

isque sui dignitate careat, reamque se divino judiclo existere
de perpetrata iniquitate cognoscat, et a sacratissirno corpora ac
sanguine Dei, et Domini Redemptoris nostri Jesu Christi aliena
fiat, atque in extremo examine districts ultioni subjaceat.

Cunctis autem eidem loco sua jura servantibus sit pax Domini
nostri, Jesu Christi, quatenus, et hie fructum bonae actionis per-
cipiant, et apud districtum Judicem praemia aeternaa pacis inve-
niant. Amen. Amen. Amen.

Ego Adrianus 1 catholicae Ecclesiae episcopus, [subscripsi].

Ego Imarus Tusculanus episcopus. Ego
Cencius Portuensis et sanotaa Rufinag epis-
copus. Ego Gregorius Sabinse episcopus.
Ego Guido presbyter-cardinalis tituli Sancti
Grisogoni. Ego Hubaldus presbyter-cardi-
nalis tituli sanctaa Praxedis. Ego Man-
fredus presbyter-cardinalis tituli Sanctae
Sabinae. Ego Bernardus presbyter-cardi-
nalis tituli Sancti dementis. Ego Johannes
presbyter-cardinalis Sanctorum Johannis et Pauli tituli Pamachii.
Ego Henricus presbyter-cardinalis tituli Sanctorum Nerei et
Achillei. Ego Johannes presbyter-cardinalis tituli Sanctorum Sil-
vestri et Martini. Ego Odo diaconus-cardinalis Sancti Gregorii
ad velum aureum. Ego Guido diaconus-cardinalis Sanctas MariaB
in porticu. Ego Jacinctus diaconus-cardinalis Sanctae Marias in
Cosmidin. Ego Johannes diaconus-cardinalis Sanctorum Sergii
et Bachi.

Data Laterani, per manum Rolandi sanctas Romanaa eccle-
siaB presb.-cardinalis et cancellarii, viiii. Kal. Decembris, Indic-
tione v a , 2 Incarnationis vero Dominicae anno MCLVI, pontificatus
vero domni Adriani papae mi. anno secundo. Ibid., fol. 17 b .

V. PRIVILEGIUM ALEXANDRI III. ; MODICUM DIFFERENS A PRE-
CEDENTI.

Alexander episcopus, etc., dilectis filiis Ricardo abbati monas-
terii de Fontibus, ej usque fratribus, etc., ut supra.

Quotiens a nobis petitur quod religioni et honestati convenire

(1) This signum of Adrian 4th OCULI MEI SEMPER AD DOMINUM may be found also in
Bullar. Rom. Cocq., torn. ii. col. 349, 361, 362, 366.

(2) The year MCLVI. was in the 4th Indiction. This pope sometimes commenced the year
on the 1st of January, and sometimes on the 25th of March, and also revived the practice of
designating the numeral order in which he ranked among popes of the same name. The year of
his pontificate is only added occasionally in his constitutions. Vide Cocquel. Bullar. Rom., torn.

c. 456-457.

SO MEMORIALS, ETC.

dinoscitur, animo nos decet libenti concedere, et petentium de-
sideriis congruum impartiri suffragium.

Ea propter, dilecti in Domino filii, vestris justis postulationi-
bus clementer annuimus, et praefatum monasterium, in quo
divino mancipati estis obsequio, sub beati Petri et nostra pro-
tectione suseipimus, et prassentis scripti privilegio communimus ;
Statuentes ut quascunque possessiones, quascunque bona, idem
monasterium in praesentiarum juste et canonice possidet, aut in
futurum, concessione pontificum, largitione regum vel principum,
oblatione fidelium, seu aliis justis modis, Deo propitio, poterit
adipisci firma vobis vestrisque successoribus, et illibata per-
maneant. In quibus haec propriis duximus exprimenda vocabulis.
Ecclesiam de Fontibus, et grangiam de Morker, cum tota terra
de Herleshow per suas divisas plenarias, ex dono Roberti de
Sartis et uxoris illius Raganildis. Grangiam de Sutuna ex dono
Rogeri de Molbray et uxoris ejus Aaliz, et Radulphi de Bellun,
cum terris acquisitis a Torfino filio Gospatric, et a Godwino de
Clutherum et filio ejus Dolphino. Grangiam de Caiton cum terra
Herberti, et via ex consensu Ricardi Pedelarrun. Grangiam de
Marton cum terris in confinio ejusdem loci acquisitis. Grangi-
am de Kilnesey, cum dimidia carucata terrae in Bordelay.
Grangiam de Couton-more, cum appendiciis suis. Grangiam
de Aldeburgh, cum terra quam dedit Turgisius filius Malgeri, ex
alia parte aquae Jorae, cum communi pastura. Grangiam de
Dacra cum necessariis plenarie in foresta de Niderdale, ex dono
Rogeri de Molbray. Quadraginta acras, ex dono Gichell in
Balderby, cum communi pastura, et tres, de Radulpho de
Brysow, cum terris, silvis, pascuis, pratis, et aliis appendiciis ad
supradictas grangias pertinentibus, Libertates etiam omnes,
tc., ut supra (p. 77).

Sane laborum vestrorum quos propriis manibus aut sumpti-
bus colitis, sive de nutrimentis vestrorum animalium, nullus a
vobis decimas praasumat exigere.

Si qua vero libera et absoluta persona, etc., ut supra (p. 78).

Adjicientes insuper, auctoritate apostolica interdicimus, ne
quis fratres vestros, clericos vel laicos, post factam in vestro
monasterio professionem, absque vestra licentia suscipere audeat
vel retinere. Praesenti quoque decreto sanximus, ut episcopus,
etc., ut supra (p. 78).

Sanximus autem, ne aliquis archiepiscopus vel episcopus sive
cujuslibet Ordinis locum vestrum a divinis interdicat officiis, sed
liceat vobis omni tempore, clausis januis, exclusis excommu-
nicatis et interdictis, suppressa voce, divina officia celebrare, nisi

APPENDIX,

I. A LETTER FROM G., BISHOP OF WHITHERNE, TO W., BISHOP OF
DURHAM, ABOUT ORDAINING CERTAIN MONKS OF FOUNTAINS.

[Cart, iii., Pr. et Conv., Dunelm., 2536.]

Venerabili in Christo patri domino W. Dei gratia Dunel-
mensi episcopo, G., eadem gratia Candidas Casae episcopus, 1
salutem et promptissimam cum omni devotione reverentiam.
lleverendae paternitati vestrse manifestum facimus, quod cum
nuper transitum faceremus per Dunelmiam, f'acta fuit nobis
copia litterarum quas de gratia vestra concessistis viris religiosis
dominis Priori et Conventui Dunelm. super ordinibus in absentia
vestra celebrandis ibidem, per aliquem episcopum notum, si per
eos transitum faceret. Verum cum et earum litterarum beneficio
non haberemus quod ad alios ordinandos praeterquam ad mona-
clios illius ecclesiae, et etiam ad viros religiosos vestrae dioscesios
tantummodo potestatem nostram extendere possemus, de vestra
tameii solita dementia ac summa benignitate plenam reportantes
fiduciam, et maxime ad instantiam venerabilis in Christo patris
domini Ebor. archiepiscopi, qui super hoc nos interpellavit, cujus
preces vehementer credimus vos velle non recusari ; tres mona-
chos de Fontanis, et alios tres monachos de Jerovall de licentia
nostra duximus ordinandos, non eo animo ut mandati vestri fines
excederemus, aut juri vestro in aliquo derogaremus, ne, quod
absit, in alienam messem falcem mitteremus, irnmo saltern ut
juxta gratiam vestram istam gratiam facere possemus, vestras
supplendo vices. In cujus rei testimonium praesentes litteras
nostras sigillo nostro signatas vobis mittimus patentes.

II. THE FOUNDATION CHARTER, BY ARCHBISHOP CHICHELEY, OF
THE CISTERCIAN COLLEGE OF ST. MARY AND ST. BERNARD,

OXFORD. [MS., Univ. Coll., Oxon., J., i, 44.]

Universis sanctae matris ecclesiae filiis ad quos praesentes
literaj pervenerint, Henricus permissione Divina Cantuariensis

(1) The Bishops concerned in this Letter seem to be Gilbert, Bishop of Whitherne, and
Walter Kirkham, Bishop of Durham, circa 1249,

G. VOL. II.

82 MEMORIALS OF FOUNTAINS ABBEY.

archiepiscopus, totius Anglise primas, et apostolicae sedis legatus,
salutem, gratiam, et benedictionem, ac praesentibus fidem indu-
biam adhibere. Cum nuper metuendissimus princeps Henricus
Dei gratia rex Angliae et Franciaa et dominus Hiberniaa post
conquaestum sextus, per suas literas patentes pro se et haeredibus
suis nobis concesserit de gratia sua speciali, ut quoddam con-
gruum et notabile mansum collegiale in honore gloriosissimae
Virginis Mariae, Sanctique Bernardi, in vico vulgariter nuncupato
Northgate strete, juxta et extra portam borealem villas Oxoni-
ensis, in solo nostro 'erigere, facere, et fundare possimus, in quo
scolares monachi ordinis Cisterciensis in Universitate Oxoniensi
pro tempore studentes simul poterint commorari, ae scolares prae-
dictos monaehos ordinis praedicti in mansum collegiale praedictum
in solo nostro erectum congregare seu congregari facere, et
ibidem Collegium perpetuum de uno Priore et Scolaribus mon-
achis dicti Ordinis in Universitate Oxoniensi pro tempore stu-
dentibus fundare valeamus, regendum per unum de ipsis Scolaribus
in Priorem dicti Collegii de tempore in tempus praaficiendum et
assumendum, ac in reliquis gubernandum secundum ordinationes
sive statuta per nos aut successores nostros Cantuarienses archie-
piscopos super praemissa fundatione facienda, quae in dictis paten-
tibus literis liquent manifesto : volentes hujusmodi concessionem
gratiosam nobis concessam, et novum in hac parte propositum,
ac veram intentionem in favorem et profectum Ordinis praedicti
ad finem perduci praaoptatum, in honore praedictae gloriosissimaa
Virginis Mariae, et 8ancti Bernardi, nos, Henricus, archiepis-
copus, primas et legatus praedictus, auctoritate et vigore conces-
sionis et licentias praedictae, in unum mansum collegiale in vico
vulgariter nuncupato Northgate-strete in parochia Sanctae Marias
Magdalenae, juxta et extra portam borealem villae Oxoniensis, in
solo nostro proprio nuper per nos pro hujusmodi manso ibi faci-
eudo perquisite factum et aedificatum, Scolares monaehos ordinis
Cisterciensis praadicti in Universitate praedicta studentes congre-
gari ac simul fecimus commorari, et ibidem unum Collegium
perpetuum de uno Priore scolarium praedictorum, et de Scolaribus
illis et eorum successoribus in Universitate praedicta studentibus
futuris perpetuis temporibus ordinamus, stabilimus, facimus et
fundamus per praesentes, et Priorem ilium de tempore in tempus
praefici, ordinari, et gubernari in omnibus, prout inferius speci-
aliter declaratur. Ordinamus etiani, virtute et auctoritate regiaa
concessionis praadictaa, et non aliqua alia auctoritate seu jurisdic-
tione spiritual! nobis incumbente, quod Willelmus Bramley,
scolaris, monachus Scolarium praedictorum, sit Prior Collegii

APPENDIX.

prsedicti per institutionem spiritualem et jarisdictionem ipsius
Ordinis Cisterciensis ; et quod ipse et successores sui Priores
ejusdem Collegii, et Scolares prasdicti, et eorum successores, sint
unum corpus et legitima communitas, quodque sigillum com-
mune habeant imperpetuum. Et quod Collegium praedictum
Collegium Sancti Bernardi in Oxonia nuncupetur, volentes
Priorem ilium et successores suos Priores Collegii praedicti pro
tempore existentes in ordine praadicto et per eundem ordinem
provisores monachorum studentium in Universitate praedicta, et
non alio modo, nuncupari, acceptari, et teneri, ipsosque Priores
omnibus et singulis beneficiis, statutis et privilegiis provisorum
studentium dicti ordinis gaudere imperpetuum. Et ut Collegium
antedictum perpetuis futuris temporibus sub honesto regimine
conservetur, et quod Willelmus Bramloy praedictus, et successores
sui, necnon praedicti Scolares monachi praesentes, et eorum
futuri successores, in eodem Collegio scientiaa Sacraruni Scrip-
turarum et literarum studiis quietius insistere et operam dare
possint, volumus et in quantum possumus, ex auctoritate
praadictae licentiae domini regis nobis concessa, et non ex
aliqua auctoritate ordinaria vel potentate spiritualis jurisdictionis
nobis incumbentis, ne contraveniamus in aliquo privilegiis,
statutis, et exemptionibus dicti ordinis quovismodo, volumus,
concedimus, et ordinamus in plenam et finalem executionem et
completionem fundationis nostrae antedictaa, quod omnes et
singuli Priores Collegii praedicti in posterum praeficiendi, ordin-
andi, vel deputandi, ex Scolaribus monachis dicti ordinis in
eodem Collegio pro temporibus studentibus praaficiantur, ordin-
entur et deputentur, deponantur, destituantur, et amoveantur,
quotienscunque opus fuerit, per Yisitatores ordinis supradicti pro
tempore existentes, secundum modum et formam de institutions
seu ordinatione provisorum studentium in ordine praelibato hac-
tenus observatum, ac per generale capitulum ordinis praedicti
aliter statuendum et ordinandum. Ad quod praedictus Willelmus
Bramley et successores sui, ac Scolares monachi dicti Collegii,
et eorum successores, quantum ad visitationem, correctionem,
et jurisdictionem spiritualem in omnibus et per omnia immediate
subsint et subjiciantur potestati et jurisdictioni Abbatis Cistercii,
et Capituli generalis praedictorum, aut Visitatorum Commissari-
orum eorundem, qui pro tempore fuerint ad hujusmodi deputati,
secundum privilegia, statuta, consuetudines et regulares obser-
vantias in eodem ordine hactenus observata, et non per nos nee
successores nostros Cantuarienses archiepiscopos, nee per aliquos
episcopos dioecesanos, seu per eorum alicujus ministros in praa-

84 MEMORIALS OF FOUNTAINS ABBEY.

fatos Priores, aut Scolares, sen in eorum successores aliquam
jurisdictionem ecclesiasticam, ordinariam a at spiritualem, exer-
cere, aliquid restatuere, ordinare, seu diffinire in posterum
valeamus, aut valeant vigore fundationis Collegii saapedicti. Et
si aliquid in contrarium alicujus praemissorum fecerint, aut facere
praesumpserint, hoc sit penitus irritum et inane. Potestatem
autem interpretandi et declarandi hsec nostra statuta et ordin-
ationes praedicta, aut nova, si oportuerit, edendi et faciendi super
prsemissis, Abbati Cistercii, et Capitulo generali ordinis supradicti
omnino relinquimus et plenarie dimittimus per praesentes, vera-
citer confidentes in devotis suffragiis totius Ordinis praedicti pro
nobis Altissimo spiritualiter oblatis, et in piis precibus univer-
sorum praedictorum Scolarium pro salubri statu regis praedicti et
nostri quotidie dum vixerimus, cum Collecta Rege generis, et post
decessum nostrum cum hac Collecta Dem Qui inter Apostolicos. } in
singulis suis missis. Ad quae omnia et singula debite observanda
una cum die obitus nostri specialis annuatim imperpetuum cele-
branda, omnes et singuli Scolares praedicti Collegii firmiter
astringantur per speciale statutum in generali Capitulo ejusdem
Ordinis solenniter ordinandum, harum tenore ordinamus. In
quorum omnium testimonium et perpetuam evidentiam nostrum
sigillum praesentibus apponi fecimus. Dat' octavo die mensis
Februarii, anno Domini millesimo quadringintesimo, tricesimo
septimo ; et anno regni regis prasdicti sextodecimo.

Sciant praesentes et futuri quod nos Henricus permissione Divina
Cantuariensis archiepiscopus, totius Angliaa primas, tradidimus,
dimisimus, et hac praesenti carta nostra confirmavrnus Willelmo
Bramley, Priori Collegii Sancti Bernardi in Oxonia et Scolaribus
monachis ordinis Cisterciensis in Universitate Oxoniensi studen-
tibus, omnia terras et tenementa cum suis pertinentiis quae nuper
habuimus ex dono et concessione Johannis Quarram in parochia
B. M. Magdalenae extra portam borealem villae Oxon., per
nomina duorum mesuagiorum adinvicem situatorum in eadem
parochia, inter tenementum Collegii voc. Universite College ex
parte australi, et ten. Johanis Snareston ex parte boreali ; et
continet in longitudine decem perticatas, et in latitudine novem
perticatas et duodecim pedes ; ac unius tofti seu gardini jac. in
suburbiis villas pragdictae extra portam borealem ejusdem villae in
parochia prasdicta cont. in longitudine novem perticatas et decem
pedes, et in latitudine duas perticatas et undecim pedes inter
ten. Margaretae Shipton ex parte australi, et gardinum magistri
et scolarium Magnaa Aulaa Universitatis praadictag. Habendum

APPENDIX. 85

et teneudum omnia praedicta terras et tenementa cum pert, prae-
fatis Priori et Scolaribus, et eorum successoribus monachis dicti
Ordinis in Universitate praedicta pro tempore studentibus in
pur am et perpetuam elemosinam in eorum fundationem imper-
petuum. In cujus rei testimonium huic prsesenti cartae sigillum
nostrum apposuimus. His testibus Jonanne Cottesmore uno
justic. domini regis nunc de communi Banco, Ricardo Quater-
mayns, Drugone Barantyn, Willelmo Marmyon, Roberto Tredarf,
et multis aliis. Dat. decimo die mensis Febr., anno regni regis
Henrici sexti post conquaestum xvjmo.

On the same day he makes John Marthieby clerk, William
Marmyon and Robert Tredarf his attornies, to give seisin to
Bramley and the scolars of the above.

The king's license to the archbishop is dated at Lambehith,
20 March, anno regni nostri 15.

III. CARMEN RYTHMICUM IN LAUDEM CISTERCII. [MS. Univ.

Coll., Oxon., J. i, adfinem.~\

Gaude, felix mater Cistercium, firmamenti spera stelligera,
Paradisus lignorum omnium quern Divina plantavit dextera !
Fons erumpens in quadrinuvium quo virtutum rigantur olera !
Te fundavit Virgo perpetua, Trinitatis sacrum triclinium.

Archa Noe contra diluvium salvandorum altior camera,
Tu columba deferens folium olivarum pacis signifera,
Scala Jacob visa per somnium psenitentes mittis ad sethera,
Charitatis dispergens munera, saccus ciphi Joseph peculium.

Rubus ardens monstrans prodigium castitatis vires per opera,
Virga ducis dans mare pervium, vita forti transcendens aspera,
Tu columna ductrix fidelium per desertum ad montis supera,
Testament! dans archa fo3dera elevatus clypeus fortium.

Vellus rore complutum nubium pietatis expriinis ubera ;
Fons maxillae dans refrigerium, lectionis frequentis littera,
Funda David per jejunium hostem frangens in carne tenera,
Sic cisterna Bethleem viscera reficiens pie precantium.

Virgo fovens regale sericum, languidorum relevans onera,
Tu reginae Saba convivium contemplando subintras propera,
Thronus regis tu, sanctuarium tu, altare expians scelera,
Currus igneus quern fert in aera metus et spes. dolor et gaudium.

86 MEMORIALS OF FOUNTAINS ABBEY.

Cedrus mentis, hisopus vallium summa tenens, moderans infera,
Aquas scindens Heliae pallium, mala spernis, eligens prospera,
Helisei gratum tugurium, in quo fessus refovet latera, .
Tu vas novum, salis quo misera corruptio sanatur fontium.

Tons qui crevit in magnum fluvium tu es, mater noster sic libera,
Tuus ordo Cistercensium est in orbe sol, lux et sidera,
Generale tuum collegium per virtutum currens itinera
Gloriosa virgo Christifera ad salutis perducas bravium.

Amen.

PRESENT PLACES OF DEPOSIT.

THE MUNIMENT EOOM AT STUDLEY HALL.

1. The Coucher Book of Fountains. A folio volume on paper,
containing abstracts, in Latin, ot 3382 Obarters and Legal Instru-
ments relating to the several estates of the monastery, and
arranged under the alphabetical heads of Manors. Written
about the time of Richard the Second and the close of the 14th
century.

2. A Parchment Roll of immense length, containing copies
of many hundred Charters and Legal Documents relating to the
estates of the Monastery : written in the time of King Edward
the 1st or 2nd. There is reason to suppose that there were other
rolls in continuation. A partial copy of one, which cannot, at
present, be traced, is in the possession of the writer of these
notes ; and another is mentioned by Dr. Whitaker in his History
of Craven, but the owner has not been ascertained.

3. A " President Book " in one volume folio, written about
the year 1420, and containing a chronicle or brief history of the
abbots to the time of Abbot Greenwell, 1442 to 1471, being the
chief source whence our knowledge of these dignitaries is derived 1
a singularly interesting Register of Homages done to the
Abbots (where, by whom, and when) for divers lands ; and a
very copious and accurate digest of all the records of the house
relating to certain of their manors and estates in Craven, illus-
trated by genealogical statements which throw great light no

(1) This is printed in Vol. I. of the Memorials of Fountains Abbey.

APPENDIX. 87

where else to be obtained on the distribution and tenure of
property in that district in the 12th and 13th centuries. It con-
tains also many notes and references to persons and things con-
nected with estates of the Abbey in divers parts, and copies of
thirty-six charters relating to property in Ripon, of which no
other trace is known to remain. The name of " President Booke
of ye Abbey of ffountaynes " endorsed upon it, has probably
been derived from the practice of placing it and similar volumes
of digested history of their estates before the President of the
Chapter, who could thus see at once the facts and dates bearing
on any point where information was required, without consulting
the original Deeds and Records, to which there are constant
references. This book has not the protection of a cover, and
having been saturated in moisture, is not in good condition. 1

4. A Rental and Survey of certain Manors, Granges, and
Farms at Dacre, Brimham, Ingerthorpe, Wallerthwaite, Mark-
ington, Baldersby, Bramley, Aldbrough, Bewerley, Kirby Wiske,
Malham-in-Craven, Bordley, Kilnsey, and Litton, ascertained by
jurors on oath. A record of great value as regards manorial
questions, and the allotment and division and value of the mon-
astic estates, as well as the rise of many families who subsequently
purchased the estates on which their forefathers had lived as
tenants of the abbey.

5. A very large Collection of Original Charters ; 2 being grants
of manors, landed estates, rent charges, exemptions from tithes,
tolls and suits of court ; rights of road and of entercommon, free
warren, composition for tithes, and privileges, franchises, and
immunities of various kinds, dating from the time of the foun-
dation of the Abbey to that of King Henry the Eighth. The
whole are strung, without reference either to date, place, or sub-
ject matter, on piles of cord, and are therefore all but inconsult-
able without injury to the pendant seals, of which this is, without
doubt, one of the finest and most valuable collections in the
north of England. Apart from their curiosity and rarity many
of them being unique they contribute not only much inform-
ation on the interesting subject of seal engraving, but illustrate
an early period in the practice of ornamental art, to which
painted glass, illuminated pictures, sculptures, works in metal,
and other sources of evidence seldom ascend. Among other

(1 ) An exact copy of this most valuable record is among the Wai bran MSS.

(2) A large number of transcripts from these Charters are among the Walbran MSS.

88 MEMORIALS OF FOUNTAINS ABBEY.

valuable examples is a seal of Rosier, Archbishop of York from
1154 to 1181, of which it may be doubted whether two other
perfect examples remain, and where the counter seal, formed
probably by his pontifical ring, bears the impression of a Roman
gem displaying a chimera ; though the object was so far mis-
understood by the archbishop that the metal setting of his day
bears the circumscription Notruin caput est Trinitas. Another
seal of later date bears a very singular and interesting repre-
sentation of the murder of Thomas a Becket, circumscribed
u Signuin prome, Thome, dat passio Thome." A seal of one of
the early Mowbrays exhibits a representation of him in the
" tegulated armour " which has afforded a subject for controversy
among military antiquaries. Some of the seals illustrate the
origin of the armorial bearings of the families to whom they
belong, while some of the minor land owners in the vicinitv of
Ripon have used the Roman signets or gems which they or their
ancestors had picked up in their agricultural operations. None
of these however are of a high class, and were probably all of
Romano-British execution. A large number of these Charters
have neither been copied into any Chartulary that is known at
present, iror are even alluded to in the English notes of the
Fountains Charters published by Dr. Burton in his " Monasticon
Eboracense." No engravings of the seals have ever been pub-
lished.

6. Bursar s Accounts. A folio volume on paper, containing
the accounts of the Bursar of the Abbey for several years in tbe
fifteenth century. The whole of the income and expenditure
is recorded under classified heads, and with a minuteness
that enables those in any degree familiar with the social history
of the period to form a perfect mental picture of what was
passing in the monastery at the time over which the accounts
extend. The following notes, from a very hasty and imper-
fect abstract of the volume, will at least afford an idea of its
varied and most interesting contents. First, as to the
Abbot, Grenewell, a man of great learning, who seems not to
have interfered actively in the government of the house. Paid
to Robert the sadler, for repairing the abbot's harness, 2od.
Medicine for the abbot, 2s. A russet suit for the abbot's stable
boy, 15d. (" Puero de stabulo domini abbatis in roset"). Medi-
cine for the abbot by the wife of John Belton, 20d. ; partridges
for the abbot, 8d. ; mending a broken spoon for him, 4d. ; carry-
ing drink to Brimham (grange) for him, 2d. ; a book 3d. and

APPENDIX. 89

paper for him, 5d. ; red wax, Id. ; 2 pounds of soap for the
abbot, 8d. ; a pair of gloves for him, 2d. ; another pair, 4d. In
1457 he made eighteen journeys, once to Middleham castle, to
the Bishop of Exeter (Neville) 3s. ; another time to Bishopthorpe,
on the same business, lls. 5d. ; to Topcliffe several times, to the
Earl of Northumberland ; for birds for the abbot, 6d. ; 25 skins
of budge, 3s. ; medicine at different times, 10s. 4d. ; dyeing his
scapulary, 2s. 6d. ; figs for him, 6d. ; parchment, lid ; medi-
cine for him and the convent in a time of pestilence, 12s. ;
partridges, 12d. ; for making a ditch in the abbot's garden, 16d. ;
for white thread, 4d. ; for wine and pears for the abbot, lid.
( u In lycares domino abbati jd.") ; for fetching the abbot's staff,
Id. ; journey to Woburn to the election of an abbot, 5 6s. 8d. ;
thence to Oxford, 1 17s. 9d. ; thence to Meux abbey in Hol-
derness, 1 8s. 9d. ; thence to his manor of Wheldrake, 2s. 9d. ;
thence with brother Eseby to Fountains; 500 "sprotts" for the
abbot, 4d. ; and for fresh fish pro domino apud Scarbrough,
iiijd. Stores purchased : a cart horse for the miller, 16s. 8d. ;
a boar from William Boon of Baldersby, 5s. ; 44 loads of marl,
14s. 8d. ; horse bread for Sir James Strangewayes's horses, 2d. ;
for 254 quarters and 2 bushels of wheat, 67 8s. 3d.; three
quarters and three bushels of rye, 13s. 6d. ; 357 quarters, 2
bushels and 2 pecks of barley, 69 18s. 5^d. ; 187 quarters, 4
bushels, and 2 pecks of oats, 15 17s. 4d. ; 4 quarters of peas,
19s. ; 5 cwt. of iron, bought at York, of Thomas Armorer, 30s. ;
18 ploughshares of Win. Raner, of Liversedge, 10s. 6d. ; a cart
bought of Robert Tomson, of Ainderby, 16s. ; for making 960
fagots at Marton, 6s. 4d. ; for a saddle, 2s. ; a pair of boots for
Thomas Swinton (the prior) 20d. ; cloth for a cape for him, 6s. ;
a waggon bought of John Wharf, 30s. ; wheat bought of John
Harrison, of Melmerby, 4 quarters 3 bushels, 21s. 9d.; of John
Harryson, of Tanfield, 10 quarters for 3 16s. 8d. ; of John
Askwith, of Burton Leonard, 20 quarters for 6 13s. 4d. ; of
Thomas Farmery, of Dishforth, 2 quarters for 15s. 8d. ; a horse
for the abbot's stable, bought of Thomas Darnbrough, 2 6s. 8d.
Miscellaneous Expenses. Expense of entertaining the Duke
of York at Swanley Grange, by John, 1457 : to Dan Henry
Scruton, for fresh fish for the Duke of York, 2s. 8d.; to Richard
Pickering for a pair of clavicords, in part payment, 2s. ; to
Robert Middilbrough for repairing the clock, 6d. ; for a paper
map of the world, 8d. ; to a layman for cabbage and plants, xxd. ;
to John Ripley for making the great clock, in part; carrying
pitch to Kiln sey-in- Craven from Fountains, 12d. ; carts going

90 MEMORIALS OF FOUNTAINS ABBEY.

to Raley (co. Durham) for coals, 7s. 8d. ; to a blind minstrel,
del.; to the players of Topcliffe, 4d. ; a servant of John de
iMarkenfield bringing partridges, 2d. ; to the minstrel of William
de'Plumpton, 8d. ; to the boy bishop of Ripon, 3s.; to a fool
from Byland, 4d. ; players from Thirsk, 4d. ; to the minstrel of the
Earl of Northumberland, 8d. ; to a story teller (fabulator) whose
name was unknown, 6d. ; to the minstrels of Beverley, 16d. ;
the minstrels of Lord Arundell, 16d. ; of Lord Beaumont; of
Lord Fitzhugh ; to a herald of Lord Northumberland, 3s. 4d. ;
to the kind's minstrels, in part, 3s. 4d. ; to the fabulator or story
teller of the Earl of Salisbury, 12d. ; to the players of the Earl
of Westmerland, 2d.; to the boy bishop of York, 6s. Sd.; to
the king's messengers ; the Archbishop of Canterbury's servant ;
Lord Clifford's servant ; the servant of Agnes Sparth. of Ripon,
bringing shell fish, 20d. ; to the chaplain of Earl Dowglas, 12d.;
to the players of Ripon, 2d. ; to the Earl of Salisbury's secre-
tary, 3s. 4d. ; to a fool called Solomon (who came again) 4d. ;
clivers bringing venison for the abbot, lOd. ; to John Markenfield
going to London, 6s. Sd. : to John Baldersby for a painted cloth,
2s. 9d. ; John Folwood for repairs of the windows of the church,
10s- 8d. ; in repair of the crown and (alms) chest of St. Anne,
ijd. ; spent at the table of William Sparth, at Ripon, 3s. 6d.

The present volume, which is in indifferent condition and
unbound, was only recognized to belong to this most valuable
class of records a few years ago, and has never been used for
any publication.

7. A Parchment Roll containing a schedule of the plate and
vestments in the Abbey of Fountains at the time of its disso-
lution, together with an account of the live stock and stores of
grain there ; taken by Brian Higden, dean of York, and Edward,
abbot of Rievaux. With the exception of the very interesting
portion relating to the vestments, this record has not been printed,
but that very inaccurately, in Burton's " Monasticon," from
whence it has been transferred, with additional errors, to
" Storer's Fountains." 1

8. A Paper Roll containing a survey of all the woods and
timber trees belonging to the Abbey of Fountains, at the time
of its Dissolution.

9. Several leaves of Vellum,* extracted from a Chartulary

(1) Printed in the Memorials of Fountains, Vol. I.

APPENDIX. 91

of Fountains now at Ripley Castle, and containing copies of fifty-
nine charters relating to Fountains, Hopperton, Horton, Ilkton,
Ingerthorpe, and Ilkley.

10. A paper Book, being "The accompte of John Hall,
clerke, recevo r to S r - Richarde Gresham, knight, maid the thircle
day of Februarie, in the xxxv th yere of the reigne of our soveraigne
lorde kinge Henrie the Eighth, of the arrerages, fines, rentes and
debtes due to the said S r Richarde Gresham, in the fFeastes of
the Annunciation of our Ladie, a regni regis Henrici Octavi
xxxiiij to , and Saint Michael th' Archangell ao xxxv to regni
prasdicti for one hole yere endede at Michaelmas aforesaid, w th
the areragies due in the feaste of Saint Michaell a xxxiiij to regni
prsedicti and recevid in the monthes of May and Novembre
a xxxv to praadicto." This steward's account extends not only to
the estates of Fountains, in the manors of Brimhnm, Bewerley,
Markington, Aldburgh near Masham, Malton, Litton, Kilnesay,
and Bordelay, but to other lands, formerly belonging to the
monasteries of Swine and Nunkeeling in Holderness, and con-
tains a valuable account of certain free rents and other payments
made to the Lord of Fountains, of which there is no other
evidence among these Records. Some of the out-payments are
still very interesting, and give a glimpse of what was passing
after the dissolution of the house. Thus there are payments for
conveying the lead stripped from the abbey to Boroughbridge,
thence to York " towards Hull ; " and for the purchase and
smelting of lend on Greenhow moor, shewing that Gresham
turned those old mines of the abbey to account ; payments for
the leading the roof of the Manor House at Brimham ;
respecting a suit at the assizes at York with the Knaresbrough
Forest men, and other legal expenses, among which we find,
" Geven to Mr. Beck with for wri tinge the court rolles and
estreates vs., and for making an indictement for him that stole
the leade at ffountance, viijd. From another entry it Vould seem
that the Manor Courts were kept, still, in a style of which very
definite traces remained at Fountains almost within living
memory, when the assembly lasted for a week. " For our
expenses in Craven with Marmaduke Bekwith, Myles Hard-
castell, Henry e Buck, Laurance Bucke, Rafe Frere, William
Wright, Roger Bayn, with other xij. persons, when we kepte the
courtes ther, and huntide from the xth of Auguste to the xiiijth
day of the same inonthe, xxx s viij d ." Another interesting para-
graph is headed " White kairsey for my Mr. is men yt shulde
have gone to the Borders," and runs as follows :

92 MEMORIALS OF FOUNTAINS ABBEY.

" Item, bought at Bippon the xxvth day of Auguste, vxxxiij
yardes white clothe, vl. xiiijs. iijd., and geven to him yt brought
the same to Brymbem ijd., and for a taylor of Rippon and his
men is deners at Brymbem vjd., vl. xvs., and for my expenses
when I bought the clothe viijd , and for two yerdes reade clothe
ijs. viijd., and to a taylor for mayking fouretie cotes, vjs. viijd.;
and for him and his servantes 10 mons when the cottes were in
maykinge iiijs., and for whit threde xd., and for blacke threde
2d.'"

" Summa totall of the arreragies, fines, and rentes of Foun-
tance, with th' arrerages in festo Michaelis a 34to regni prse-
dicti 764 9s. lljd." " Summa totall of the arreragies of
Fountance is 7 3s. 4d."

11. A Schedule of the Charters, Court Rolls, and other
Records delivered by the officers of the Crown to Sir R.
Gresham's steward. On one large skin of parchment.

12. A Voluminous and Modern Office Copy of the Letters
Patent of King Henry the Eighth, dated 1st of October, 1540,
whereby he conveys to Sir Richard Gresham the scite of the
Abbey of Fountains, with all the franchises and privileges of the
late abbot and convent, and many of its estates, together with
lands late belonging to the dissolved monastery of Swine and
Nunkeeling in Holderness. The original sealed letters patent
had been abstracted from the title deeds of the estate upwards of
a century ago, for Mr. Messenger notes ou a scrap of paper
inserted in the President Book, that they were then in the
possession of Mr. Thornton, of Cattal, near Knaresbrough. His
papers can still be traced.

13. The Original Sealed Letters Patent of King James the
First, dated 21 June, An. reg. 2 do., whereby he confirmed to
Sir Stephen Proctor, his heirs and assigns, all the privileges and
franchises of the late dissolved monastery of Fountains.

14. Several large bundles of Deeds and Papers, partially
arranged, forming the title to the site of the Abbey and several
of its estates, from the time of Sir Richard Gresham, the Crown
grantee, and containing also the foundations of the title to many
other estates dismembered and sold off by successive proprietors
of Fountains.

APPENDIX. 93

15. Several Volumes of the Court Rolls of the Liberty of S.
Mary of Fountains and Manor of Markington, extending over
about two hundred years to the present time, and the Records of
the dormant Court of Pleas for the recovery of Debts within the
Liberty of Fountains.

Gough, in his " British Topography," Vol. 2. p. 416, says :
" The Registers of several Priories are in the hands of those of
who possess the scites ; but none can show so completean assem-
blage of their Records as Fountains Abbey, itself the compleatest
religious house in the county, in the possession of the late Mr.
Messenger, whose venerable seat in such a neighbourhood cannot
be visited by antiquaries without envious reverence. His son
sold it, 1768, to Wm. Aislabie, of Studley, Esq., who now has
all the records." There are, unfortunately, reasons for doubting
the latter statement, persons with whom I have conversed having
seen several volumes of ancient MSS. at Cayton Grange, where
Mr. Messenger resided, long after the sale of the abbey, and
were told that they had belonged to Fountains. The relatives
of Mr. Messenger have been applied to on the subject, but with-
out eliciting any direct information.

THE BRITISH MUSEUM.

A large Folio Volume, on vellum, containing full-length copies
of Charters and other Instruments relating to lands granted to
the abbey, and arranged under the alphabetical heads of manors
or estates. This being the first volume of the series, compre-
hends the letters A to C, and contains a great number of impor-
tant deeds relating to Aldfield and Baldersby. 1 The second
volume is at Ripley Castle.

This MS. is entitled " Registrum Chartarum Monasterii
Sanctse Mariae de Fontibus in Comitatu Eboracensi," and is the
Cotton MS. Tiberius C. xii. It has recently been inlaid and
magnificently bound in Russia.

Cott. MS. Julius C. 2. "Extracts from the Registers of
Fountains Abbey in Yorkshire, relating to its foundation and
other matters belonging thereto." pages.

(1) A transcript of this important volume is among the Walbran MSS.

94 MEMORIALS OF FOUNTAINS ABBEY.

Lansdown MS., 404. " Liber de Origine Monasterij Fontan-
ensis. ISajc 17." 34 pages. Fol. 2 36. 2

BODLEIAN LIBRARY, OXFORD.

Among the Rawlinson MSS., No. , is a 4to volume con-
taining 152 leaves, which appears to be the earliest Chartulary
of the Abbey. Like other books of the same class it contains
charters copied at different times, from that of Stephen down-
wards, to the middle of the 15th century. The principal charters
commence at fol. 20 with the "Carte de Aldeburg." It appears
that Dugdale printed his Charters, commencing Ll, vol. 5. from
this volume, as his foliation agrees uniformly with the MS. There
are about thirty charters in this division. The next comprise
the charters relating to Baklersby, some eighty or ninety, of
which about fifty are in the earlier hand. Eseby and Rayning-
ton follow in a different and later hand, and much abridged.
Catton, Skyton, and Renton are in the same hand. At fol. 60
the charters of Picale commence, and in a very early hand.
Then Roke&by in the Eseby hand, as also Aynderby and Mel-
merby. At fol. 88 occur the charters of Brinebem, in the
earliest hand, followed by those of Caytone, Bradleya, Yeland,
Fekesby, De la Haya, Lindleia, Morker, and Dacre, all in nearly
the same writing, and that very early. Besides these there are
merely some additions and table of charters of different periods.
At the beginning of the volume is the note, " Perlegit Richardus
Gascoigne, 26 Oct., 1629." (H. 0. Coxe, Sub. Lib. Bode, July
5, 1860).

The Dodsworth MSS. contain transcripts from Chartularies
and Charters of Fountains not now known to remain, parti-
cularly a Chartulary blown up in St. Mary's Tower, York, and
another, then in the possession of Sir Henry Savill.

IN THE LIBRARY OF UNIVERSITY COLL., OXFORD. [J. 1.]

A Folio Volume, on parchment, containing copies of the
Royal Charters and Papal Bulls of privileges granted to the
Abbey of Fountains, and entitled " Cartae Regum Angliae et

Privil

?essa

ilegia Pontificum Abbatise de Fontibus in agro Eborz. con-
," a fol. 1 ad. 60 to which is added " Privilegia et

(2) Printed in Memorials pf Fountains, vol. I., from this and a MS. roll in the Library of
Trinity College, Cambridge.

APPENDIX.

immunitates ordinis Cisterciensis per Johannem Abbatem Cis-
tercij collecta." A fol. 61 ad fol. 149.

This MS. belonged to the Abbey, and is frequently referred
to in the President Book at Studley. With a few inconsiderable
exceptions, none of the originals of these Charters are now in the
Muniment Room there. The following Royal Grants may still
be found on the Patent and Charter Rolls, in the Rolls House,
but it is presumed that, in the Absence of the MS. now under
consideration, copies of all the Papal Bulls could, only, be
obtained from the Register in the Vatican.

1. Henry the 1st, recited, per Inspeximus.

2. Henry the 2nd, recited, per Inspex.

3. Stephen confirming Lands, recited, per Inspex. 1.

4. Richard the 1st, an. 1, 1189, per Inspex, Pat. 9, R 2.

5. Rich. 1, an. reg. 10, per Inspex.

6. I. Joh. Rot. Chart., m. 14. Confirmation. 86.

7. Rotul. Chart. 2 Joh. p. 1, mem. 8. Free Warren in
Thorpe Underwood. 19.

8. Rotul. Chart. 7 Joh., p. 1, m. 3. Kirkeby Useburn. 19.

9. Rotul. Chart. 23 H. 3, p. 1, m. 2. Confirm.

10. Rotul. Chart. 33 H. 3, p. 1, m. 7. Grant of a Messuage
at Boston, co. Line.

11. Rot. Chart. 8 Edw. 1, p. 1, m. 27. Free Warren, Mor-
ker, Somerwith, Aldbrough, Sleningford, and Sutton.

12. Rot. Chart. 20 Edw. 1, p. 1, m. 6. Free Warren in
Baldersby, Marton-le-Moor, Thorpe Underwood, Kilnsey, Bor-
delay, and Bradley-in-Craven.

13. 28 Edw. 1, Hotul. Patent., m. 24. Confirmation.

14. 35 Edw. 1, Rot. Pat, m. 16. Ampl. Confirm. Maneri-
orum, terrarum ac libertatum pro Abbate de Fontibus. The
Lord Chancellor Hamelton died at Fountains in this year.

15. 1 Edward 2, Rot. Pat, 26. Pro Abbate de Fontibus.

16. 5 Edw. 2, Ro. Patent, m. 18. Ampl. Confirmatio terra-
rum et libertatum pro Abbate de Fontibus.

17. 5 Edward 2, p. 1, No. 21, Rotul. Chart. Pro Abbate de
Fontibus. An attested copy at Studley, made 29 May, 1633.

18. Edward the 2nd, Rotul. Patent, an. reg. 12, p. 1, m. 18.
Pro Abbate de F.

19. Edward the 2nd, Rot. Pat., an. 12, p. 2, m. 9. Pro
Abbate de F.

20. Edward the 2nd, Rot Pat., an. 16, p. 1, m. 4. Pro
Abbate de F.

96 MEM01UALS OF FOUNTAINS ABBEY.

21. Edward the 2nd, Rot. Pat., an. 16, p. 2, m. 7. Pro
Abbate de F.

22. Edward the 3rd, Rot. Pat, an. 1, p. 2, m. 5. Ampla
confirmatio terra rum ac tenementorum pro Abbate de Fontibus.

23. Edward the 3rd, Rot. Pat., an. 2, p. 2, in. 23. Pro
Abbate de Fontibus.

24. Edward the 3rd, Rot. Pat., an. 3, p. 1, m. 4. Exempli-
ficacio cujusclem record! et judicii per quod compertum fuit quod
Abbas de ontibus non tenetur reparare pontem de Bradley in
com. Ebor.

25. Edward the 3rd, Rot. Pat., an. 14, p. 1, m. 39. Exem-
plificacio judicii in Assissis pro Priore de Wartre versus Abbatem
de Fontibus pro communia pasture et estoverijs in vasto de
Queldryke (Wheldrake, near York).

26. Edward the 3rd, Rotul. Pat., an. 18, p. 1, m. 1. Pro
Abbate de Fontibus.

27. Edward the 3rd, Rotul. Chart., an. 23, p. 1, m. 5. Pro
Abbate de Fontibus.

28. Edward the 3rd, Rotul. Pat., an. 27, p. 1, m. 15, 18.
Ampl. libertat' confirm Abb. de Fontibus.

29. Edward the 3rd, Rotul. Pat., an. 30, p. 1, m. 16. Pro
Abbate de Fontibus.

30. Richard the 3rd, Rotul. Pat-, an. 36, p. 2, m. 17.
Ampla confirmatio de diversis maneriis et libertatibus pro Abbate
de Fontibus.

31. Edward the 3rd, Rotul. Chart., an. 40, n. 8. Confirm.
Abb. de Fontibus.

32. Richard the 2nd, Rotul. Pat, an. 3, p. 3, m. 19. Ampla
confirmatio pro Abbate de Fontibus prout in Chart. 40 Edw. 3.

33. Richard the 2nd, Rotul. Pat, an. 4, p. 1, m. 39. Pro
Abbate de Fontibus.

34. Richard the 2nd, Rotul. Pat, an. 9, p. 2, m. 25. Per-
ampla confirmatio quamplurium maneriorum, terr',ten' ac libertat'
pro Abbate de Fontibus, prout in 40 Edw. 3, Chart

35. Richard the 2nd, Rotul. Pat, an. 9, p. 10, m. 26. Alia
perampla confirmatio eidem fact' de certis maneriis, terris, tene-
mentis, libera chacea in Brimbem, in chacea de Niderdale, ac
alia ampla proficua et libertat' in dicta chacea de Niderdale, ac
in chacea de Kirkby, annuatim capienda ei concessa per Johannein
de Mowbray dominum de Axholm et de Brember.

[The original Charter is at Studley],

36. Richard the 2nd, Rot Pat.,* an. 16, p. 3, m. 4. Pro
Abbate de Fontibus.

APPENDIX. 97

37. Henry the 4th, Rot. Pat., an. 3, p. 2, m. 18. Pro Abbate
de Fontibus.

38. Henry the 6th, Rot. Pat., an. 3, p. 2, m. 2. Ampl con-
firm, maner' terr', ac libert' pro Abbate de Fontibus. Vide Chart.
40, Edw. 3.

39. Edward the 4th, Rot. Pat., an. 16, p. 1, m. 4. Pro
Abbate de Fontaunce.

This valuable Record was given to the Library of University
College before, or in, the year 1697 ; as it is said by the Rev.
Dr. Hugh Todd, canon of Carlisle, who sprung from a respect-
able family, long resident at Wath, near Ripon.

The Royal and Archiepiscopal Charters were kept at Foun-
tains, in a separate chest. The compiler of the Chartulary used
by Dugdale, noting on Thurstan's confirmation of the grant
made by Robert de Saiz, " Hoc invenietur in teca Regum et
Archiepiscoporum." (Mon. Angl., vii.)

In addition to these Royal Confirmations (printed in this
present volume) the MS. contains all the Papal Privileges.

MSS. AT RIPLEY CASTLE.

Registrum Chartarum Monasterii Sanctce Marice de Fontibus^ in
comitatu Eboracemi. This noble volume, which retains its original
binding, is the second portion of a Register of all the documents
relating to the estates of the Abbey of Fountains which was
prepared, apparently by Abbot Huby, in the reign of King
Henry VII. The first volume, containing the Charters of places
under the first three letters of the alphabet, had come into the
possession of Sir Robert Cotton, as early as the year 1625, and is
now in the Cottonian Library in the British Museum, where it is
marked Tiberius , c., xil. It narrowly escaped destruction in the
fire which broke out in the Library, on the 23rd October, 1731 ;
but the damage which the margin sustained is now the less
visible, since it has lately been inlaid and magnificently rebound.
The present volume, which contains the Charters of estates
under the letters D to J, appears from a memorandum in the
116ch volume of Dodsworth's Collections, in the Bodleian
Library, to have been " in custodia W. Ingdbi " in the year
1619. There is, indeed, an entry on the first leaf relating to the
pagination of an Index Locorum at page 46, signed " 25
Decembr 1619. Richarde Gascoigne" but as that well-known
antiquary could not even refrain from writing a note in the
H. VOL. n.

98 MEMORIALS OF FOUNTAINS ABBEY.

Archiepiscopal Register at York, opposite the great Judge
Gascoigne's will, these entries may not be conclusive proof either
that he was then the owner of the volume, or that Mr. Ingilby
had obtained it from him, A note, of this period, on the first
folio, " This bouke Jiojtli in leaves the number' 0/291 " is still correct ;
and, together with Gascoigne's pagination, shews that some leaves
which have belonged to it, and are now among the Records of
Fountains at Studley^Royal, had been extracted at a remote
period; probably when the records and papers of the Abbey
were dispersed at its dissolution. They contain charters of lands,
in Fountains, Hopperton, Horton, Ilk ton, Ingerthorpe, and
Ilkley. The leaves containing the charters of Hutton-Conyers^
and the first sixteen charters of Galphay, are lost. From a
transcript of a warrant, issued by Bishop Juxon, Lord High
Treasurer, now among Le Neve's papers in the British Museum
(Harl. MS. 6822, fol. 37,) it appears that Mr. Ingilby was once
not only in danger of losing this Chartulary, but also that of
Bolton Priory in Craven, which was long afterwards preserved
at Ripley Castle. It does not appear that the mandate was in
any instance obeyed, but it is an interesting illustration of " the-
high prerogative days " and affords useful proof of the former
place of deposit of several of the most valuable Northern
Chartularies. It runs as follows :

" Whereas, upon the petition of John Rauson, keeper of his
Majestie's house of records and evidences, called St. Marie tower
at York, I am enformed that the coucher bookes of the Monas-
teries and Abbeys of Monkbretton, Meux, Fountaynes, Boulton,
Whit bye, Drax, Selby, Pontefract, Roche, Bridlington, and of
the cell of St. Martine neere Richmond, in the county of York,
doe nowe remayne in your several custodies, thro' the want
whereof his Majesty is much prejudiced in his revenues and
liberties belonging to the said late dissolved monisteries and
abbeyes, and his subjects oftentimes put to causeless and un-
necessarie suits in lawe, which otherwyse might be determined
and decided with much lesse expence of monies and losse of
tyme, yf the forsaid coucher books were remayning in a publique
office of record, where everie man might have free access to,
come unto them at their liberties and pleasures, which said books
are conceyved meerely and properly to be the King's records
and evidences, and not of anie private subjects of what estate or
condition soever. These are therefore to will and require you to,
delyver unto the said John Rauson, such coucher book and
^Q,oks of the monasteries and abbies aforesaid as shall remayne ii\

APPENDIX. 99

your custodyes, betwixt this and the feast of the birth of our
Lord God next coming, to remayne in the said house of evidences
amongst the rest of his Majesties records, as well for the use and
benefitt of his Majestie as of his subjects as occasion shall require.
Hereof fail not, as you will answer the contrarie at your perills :
and that you and everie of you respectively take notice of this
our current warrant being showen unto you, and a true coppie
thereof being left with you. From Fullam house the 28th day
of July, 1627.

Your very loving friend,

GUIL. LONDON.'*

" To my very loving friends, Sir Fra. Wortley, bart. ; Sir
Wm. Armyn, knt. and bart. ; Sir Wm. Alford, knt. ; Win.
Ingleby, esq. ; Sir Hugh Cholmeley, knt. ; Philip Constable,

esq. ; Thomas Walmesley, esq. ; Roger Doddesworth ;

French ; Pepper, gent. ; Sir James Bellingham, knt. ;

and Sir Wm. Strickland, knt." The like warrants to the lord
warden for the ledger book of Byland, and lord Falconberge for
that at Newburgh in Yorkshire.

Three of our chief Yorkshire Antiquaries have been favoured
with the use of this valuable book Dodsworth, Drake, and Dr.
Burton ; the former, in addition to his copious selections, having
also fortunately made that abstract of the Chartulary of Bolton
Priory which will be found in the 144th volume of his Col-
lections. A note written on the two-hundredth page, records
that " Chartularium hoc antiquum, maxime venerandum, per-
ticulatim in, usu erat F. Drake, in compilando librum suum
Historic et Antiquitatum Ecclesia3 Cath : et Civitatis Eboraci.
A. AE. C.M.DCC.XXXIV." The whole of Dr. Burton's articles in
the Monasticon Eboracense, from page 159 to 173, were, with
some trifling exceptions, compiled entirely from this manuscript,
from which he also transcribed above three hundred instruments
for the Appendix to the work, now remaining in the Library of
Sir Talbot Constable at Burton Constable. Burton also, it
must be remembered, was indebted to Sir John Ingilby for the
use of the Register of Bridlington Priory, from which his article
on that subject was drawn ; and a Register of the Acts of the
Chapter of Ripon.

A leaf from one of the Choir books of the Abbey, dating in
the latter half of the twelfth century, will be found at the end of
the volume. There are similar end-leaves in the Register of
Fountains in the Cotton Library.

100 MEMORIALS OF FOUNTAINS ABBEY.

The volume of the Great Chartulary next in succession to the
present, and containing the Charters under the letters K to M.
is now in the Library of the late Sir Thomas Phillipps. Those
required to complete the series have not, unfortunately, as
yet been traced.

There was formerly another Chartulary of Fountains at Ripley
Castle, of great value and importance, but when or why it was
removed has not been ascertained. In the History of Meux
Abbey in Holderness, published in the year 1655, in the first
volume of the " Monasticon Anglicanum," page 797, the chapter
headed " Fundationis et fundatorum historia," containing many
facts not to be found elsewhere, is said to be taken " Ex registro
de Fontibus penes Willielm. Ingleby, mil,, an. 1630, foL 10 a ;
and at the 799th page, the reference to " Genealogia Fundatoris"
is, " Adlmc ex registro de Fontibus, fol. 19*." These documents
and references identify the volume with one which was given by
Dr. Richard Rawlinson, in the last century, to the Bodleian Li-
brary, Oxford, where it is now known as Rawlinson MS. B.,
449. It is of the quarto size, was written partly in the thirteenth
and partly in the fourteenth centuries, and has formed part of a
series of which there is another volume in the Library of Uni-
versity College, Oxford. Beside many memoranda and docu-
ments of a miscellaneous character among which will be found
a copy of the letter of Pope Benedict XII. to King Edward III.,
concerning the excesses of Louis of Bavaria, 13 Nov. 1338
the Register contains transcripts of charters of endowment
granted to the abbey in Aldborough near Masham, Baldersby,
Eseby, Aisenby, Rainton, Catton, Skipton-on-Swale, Newton
near Leeming, Rokesby, Pickhill, Ainderby, Melmerby, Brim-
ham, Cayton, Ripley, Godewinescales, Stainley, Follifait,
Bradley, Heaton, Eland, Fixby, Lindley, Morker, Dacre, and
Nidderdale. On the first leaf is written, " Perlegit Richardus
Gascoigne, 16 Octob. 1619. Iterum perlegit, 1 Septemb. 1620,"
so that, probably, the manuscript was lent by Mr. Ingilby to
Gascoigne, along with the Chartulary of Fountains before
mentioned.

It may not be inappropriately mentioned that a noble volume,
supplementary to the Great Chartulary of Fountains, and of
inestimable value since it contains not only the Royal Grants
and Papal Privileges to the house, but nearly all the Papal Bulls
granted to the Cistercian Order now remains in the Library of
University College, Oxford, and very probably has once reposed
with these kindred volumes at Ripley. On the back of the

APPENDIX. 101

sixty-eighth folio is written, in a beautifully clear and legible
hand, " This booke cost forte Shillings ; per me Thomas Ingleby,"
and on the back of the 47th, in the same hand, the date, " 1614.''
A gentleman of this name was then resident at Ripley. The fact,
therefore, with the abundant evidence that exists to prove the
anxiety of the Ingilbys to collect the scattered books of the abbey,
renders it all but certain that it has been owned by a member
of this house ; as identification of the handwriting may hereafter
prove. It is not known how the MS. came into the -possession
of the College.

VALOR," ETC., OF FOUNTAINS. A Paper Boll, measur-
ing many yards in length, being the duplicate of a survey of
certain estates of the dissolved monastery of Fountains, granted
to Sir Richard Gresham 1st October, 1540, now preserved in the
Public Record office, London. The upper part of the document,
which has contained the title and the survey of the site of Foun-
tains, and of Fountains park, is unfortunately wanting. The
former may be supplied thus :

" FOUNTAUNCE NUPER MONASTERIUM IN COM. EfiOR."

" The Yalor of the Scite and Demanes, with the Graunges
late in the occupation of the said late Monastery, and also the
Valor of dyvers lordshipps, maners, landes, and tenements,
whiche were parcell of the lands belonging to the same late
Monasterie, with the valewe of the woods growing upon the
same, all which Demanez and Graunges, with woods, be surveyed
by Leonard Bekewith and Heugh Fuller, by vertue of letters
missives, by the right honorable Sir Thomas Cromwell, knyght,
lord Cromewell, and lord privy seale, datyd the ix day of Sep-
tembre, to the same Leonard Bekewith and Heugh Fuller,
directed in that behalf, as hereafter ensuyth."

This Survey, collated with the duplicate in the Public Record
Office, has been recently printed, by the kind permission of its
owner, in the first volume of the " Memorials of the Abbey of
St. Mary of Fountains," published by the Surtees Society, and
copiously illustrated by notes.

Beside the kind of information usually derived from documents
of this age and kind, the minuteness with which the survey was
taken, will enable those acquainted with the districts described, to
arrive at some very interesting agricultural statistics. Through-
out the greater portion of the record, the name of the tenant of

102 MEMORIALS OF FOUNTAINS ABBEY.

each farm is stated, with the estimated measurement of every
field, its state of tillage, and its value per acre. It is pleasing to
find that after the subdivision of the property of these humane
and liberal landlords, by Gresham and his heirs, no small portion
of the estates were purchased by the hereditary savings of the
tenants. The social utility of the dissolution of the Monasteries,
in creating an independent middle-class, might be forcibly
illustrated by this document.

THE OCTAVO VOLUME marked on the cover " 23," appears, on
a cursory examination, to contain the following MS. Tracts or
Treatises.

1. Two leaves written in a hand so minute as to be all but
unintelligible to the naked eye ; being a fragment of a Treatise
on Medicine, or a kind of Medical Dictionary, written probably
in France or Italy, in the fourteenth century.

2. A Latin Grammar in 28 pages, and perfect. The name
of the author, who seems to have been well acquainted with the
work of Priscian, and quotes many of the Classical writers,
does not apparently occur. It was probably composed in the
14th century, when this copy was written. It is not, I believe,
included among the " Grammatici Veteres, " published and
collected by Elias Putchius in 1605.

3. A " Formulare " or collection of legal precedents chiefly
relating to the conveyance of landed property, with a Regulse "
or commentaries of great interest and importance, prepared by
Simon de Oxenford. I am not, at present, aware when he
flourished, but the present copy is the work of two scribes, and
dates about the close of the 15th century. It is not quite perfect,
ending abruptly at the foot of the 36th folio.

4. A treatise of 72 pages, written by one of the scribes of the
preceding work, to which it would be difficult, without diligent
examination, to give any particular name. Some idea of its
mystical character may however be derived from the opening
words of a dedication or address " Victorioso principi
potestates aerias debellanti domino C. dei gratia Navarri magnifico
Campanile," &c., by "Johannes vocatus Lemovecensis." The
work consists, as regards its form and division, of 20 epistles
from " Pharao rex Egipti Josepho Ebreo," and from Joseph to
Pharoah and probably was considered by the writer to be pro-
found philosophy.

5. A copious and very interesting and valuable treatise to
which no name is annexed, but, as it is concluded by the words

APPENDIX; 103

*'* explicit Ovidius," it may have been known by that name. It
is, in fact, the heathen mythology moralized, though, "Paganism
transmuted into popery " would apply to some passages which
may be found ; and the publication of an English translation
might not be without its use. The author, whose name has not
yet occurred to me, appears, indeed, to have been duly sensible
not only of the difficulties of his task, but of the objections which
would be raised against it, and, in a curious preface, anticipates
and endeavours to answer them, beginning with instances from
the scriptures, and ending with the position that it is lawful, if a
man can, to obtain oil out of a flint " oleum de saxo durissimo"
; and that" Fas est ab hoste doceri." The work is, however,
of great consequence to those who would obtain a clear insight
of the working of the theological mind upon an important subject,
iat a particular period. It is apparently quite perfect, and has
been written at the latter end of the 15th century, by at least
three different hands.

6. After a leaf from an astronomical work, follows a fragment
of a work on Latin Prosody, probably part of a mediaeval work
on grammar, that may be identified. Some of the author's
observations on the style and composition of the verses cited are
very judicious. It has been written in the latter part of the 15th
century, and occupies 11 pages ; forming originally the con-
clusion of the book.

7. The process and sentence against certain Heretical Friars
Minor of Italy, in 1354. Twenty-one pages, written at the time
of the trial. Full of minute and remarkable details.

8. Sermons written in the 14th century, probably in
Germany.

9. Eight pages of music, dating in the 15th century, conclude
the volume. Two of the pieces are quite perfect one of them
a hymn to the Virgin Mary and are quite translatable into the
present form of musical text.

The endorsement of No. " 23 " on this volume, and " 25 " on
the account book of Abbot Swynton, together with the hand-
writing in which the contents of each book have been noted about
a century ago, have induced a conjecture that these, and other
MSS. at Ripley, may have formed part of the collection which
was delivered from one owner of Fountains to another, from the
time of the Dissolution to that of Mr. Messenger of Cayton Hah 1 ,
at whose sale, I am informed, the late Sir John Ingilby purchased
some " ancient books." There is similar handwriting in thtf

104 MEMORIALS OF FOUNTAINS ABBEY.

documents transferred by Mr. Messenger along with the abbey
to Mr. Aislabie, and now in the muniment room at Studley
Royal. If this supposition should prove to be correct, it would
relieve the minds of many antiquaries, and others interested in
the history of the North, from a suspicion that a number of books
which Mr. Messenger had in his house at Cay ton were sub-
sequently either lost or unfortunately dispersed by the family to
whom he bequeathed his real estates. Circumstances in the
history of the family have rendered all enquiries futile.
Several members of old County families believe, however, that
all Mr. Messenger's books went with his other personalty to the
Tunstalls ; and the indications in the MSS. in question, and the
remembrance of Sir John Ingilby having been a buyer of old
books when Mr. Messenger's personal property was dispersed,
seem to point to the real facts of a case which has received
hitherto much fruitless and tedious investigation.

J. R. W.

Prior Swyntorfs account "book. The MS. marked No. 25, is
ascertained to be neither a Compotus of the Bursar or the Cellarer
of Fountains, as has been supposed ; but a memorandum or
account book kept chiefly by Prior Swynton, who took a very
active part in the management of the secular affairs of the
monastery, of which he became Abbot in 1471.

The volume, therefore, contains a large amount of minute
detail, and information of a character not usually to be found in
monastic or other mediaeval accounts ; and furnishes illustrations
of the domestic economy of the house, which could not have been
derived from any other source. The subjects are necessarily not
arranged in strict order, but generally speaking, may be com-
prehended as follows.

Statements of accounts between the Abbot and his tenants and
servants. Expenses and other monies paid by Swynton for the
house. Payments made to him for rent, cattle, corn, and other
goods. Accounts of cattle received as part of rent, and especially
from Allerdale in Cumberland ; and their distribution among
their tenants for agistment, or dispersion by sale. Purchases of
live stock and corn. Issues of corn, at stated periods, from
certain Abbey-Granges, in payment of debts and for the use of
the house. Lists of debts, chiefly arrears of rent, owing to the
Abbot. A rental of part of the Wheldrake estate. There are,
also, towards the end of the book, some curious memoranda of
the receipts of wool from the celebrated sheep-shearings in

APPENDIX. 105

Craven, and an alphabetical list of the servants of the monastery,
and their several occupations.

At a period when the use of money, as a circulating medium,
was extremely limited, the statements of account which occupy
the greater part of the book, present some singular instances of
the modes by which its absence was supplied. Not only did the
Abbot receive all kinds of farming produce, such as corn, malt,
cattle, butter and cheese, in part of payment, but also linen and
woollen cloth and other articles of manufacture. These he paid
again to the creditors of the Abbey ; and the natural inference
is fully corroborated that to manage such a system, even with
tolerable success, a greater amount of energy and worldly
shrewdness was required than many persons now supposed was
to be found within the walls of a Convent. The great difficulty
of making even small payments in specie is very strongly marked
and there are several instances where the Bursar had to use
some activity, and to ride far and long, after the fashion of country
tradesmen of the present day, to raise a comparatively trifling
sum that was urgently required. On the 7th leaf from the end
of the MS. will be found the detailed result of the joint endeav-
ours of the Bursar and Swynton among the tenants in Craven,
to raise in cattle, sheep, money, or whatever they could obtain,
the sum of 91. to be paid " Thomse Clapham," to whose name the
ominous addition of " Ballivo " is appended ; and on the 9th
leaf, in the same direction, a note to the effect that 14 pieces of
lead had been disposed of, to a merchant at Kipon, in part-
payment of 20/., which he had advanced to the Abbot when he
was about to travel to London.

A great variety of amusing and interesting incidents occur in
the account of monies paid by Swynton during his absence from
home, and his transactions with different persons, as the following
instances may shew. In 1453, the Abbot, on his journey to
Harlsey castle, near Northallerton, to baptise a child of Sir
James Strangwayes, lost his way, and gave a boy called
Tyrwhyte, twopence for directing his path through a wood. A
young man called Currer, " pro labore suo cum uno equo, ad
monasterium " was rewarded with twopence. Two men who
drove cattle from Allerdale to Fountains, were paid a shilling.
An oblation of fourpence was made to the church of Ripon for
obtaining the iron (of St. Wilfrid) for burning the cattle at
Warsall. Swynton's expenses at Brimham and in Nidderdale,
surveying the cattle for four days, amounted to eightpence. At
a meeting at liipon, eightpence was paid for sweet wine for the
Abbot, who otherwise seems to have preferred it. Six salt-fish

106 MEMORIALS OF FOUNTAINS

bought for the Abbot's kitchen cost twenty-pence. The expense's"
of the Abbot's journey to Middleham, to speak with Richard
Neville, Earl of Salisbury > victor of the battle of St. Albans,
twenty-two-pence. And at Ripon, fourpence, when, attended
by Swynton, he baptised the son of Roger Ward of Givendale.
The minstrels of the Lord Poynings have twelvepence given to
them. In 1455, Swynton overlooks the planting of a hedge at
" Mildeby " near Boroiighbridge, between the tenement of the
Abbey and the land of John Ingleby. The expenses of a sheep
shearing, eightpence. When the Prior of ^fewminster brought
Abbot Green well a present of u selfysch " he was rewarded with
two ells of black cloth of the value of eight shillings. Swynton
bought a " felt-hatt' J "pro equitacione " at a cost of tenpence*
-A comparative idea of the value of their money may be formed
from the fact that in 1456 wheat was sold at 4s. the quarter ;
rye, 3s. 4d. ; barley, 3s. ; oats> Is. 4d. A good cow was worth
ten shillings, A carpenter could earn fivepence a day. A man
thrashing wheat, threepence per quarter ; barley, twopence j
green peas, 2^d. ; grey peas, twopence ; oats^ twopence*

A remarkable facts is recorded on the 99th folio of the M*8.j
which when made public will doubtless lead to some speculation
among historical students. One William Hudson, a blacksmith
at Aldfield, in enumerating the deductions which he claimed
from his account, " petit pro medicinis emptis filio domini
Clifford xx rf ". The particular date is not mentioned, but from
the heading of the " Compotus actus " it would be in the 33rd
Henry VI. j 1454-5. If the circumstance occurred before the
22nd of May, 1454, the patient might have been the " Black-
faced Clifford," whose father was slain on that day at the battle
of St. Albans. But if by the " Lord Clifford " was intended the
ferocious " Butcher " himself, then the incident is rendered even
still more interesting by the probability that the son was none
other than the " Shepherd Lord," then an helpless infant, whose
subsequent concealment among the peasantry has been immortal-
ized by Wordsworth. In either case it must remain a matter of
curious speculation why a child of the all-powerful house of
Clifford was left penniless in the cottage of a blacksmith, under the
very shadow of the Abbey, and why the Abbot was afterwards re-
quested to pay for medicines ; which in the case of " Black-faced
Clifford," perhaps protracted his life to become a curse to his
fellow creatures, and a pestilent instrument of desolation.

(There is a description of the Ingilby MSS. in the Sixth
Report of the Commission for Historical MSS.)

June, 1864. (J, R. W.)

APPENDIX. 107

V. EXCAVATIONS OF THE ABBEY.

OBSERVATIONS ON THE NECESSITY OF CLEARING OUT THE
CONVENTUAL CHURCH OF FOUNTAINS. 1

At the recent visit of the British Archaeological Institute to
the ruins of Fountains abbey- although the care and attention
with which that celebrated structure is preserved, elicited the
praise and commendation of the several distinguished members-
then present there appeared to be a unanimous persuasion that
the development not only of its architectural, but also of its
picturesque beauties, is not fully and satisfactorily attained 5
and that it was incumbent on me, as local secretary here, and
also as one who has devoted considerable research to the history
and architecture of the abbey, to make such a representation of
the case to the Central Committee of the Institute, as might
enable it (if it was considered to be within the scope of that
influence it proposes to direct for the maintenance of our National
Antiquities) to draw the attention of the noble owner to the fact,
in a manner that might be deemed more respectful and persuasive
than the mere suggestion of a solitary individual.

In order to explain why such a necessity exists, and how it
was occasioned, after all the care and expense that, it is well
known has been, during many years, bestowed on the abbey, it
will be necessary to suggest a few remarks on its history subse-
quent to its dissolution.

It will be remembered that, at the time of the Reformation,
the abbey of Fountains was one of the most magnificent and
extensive structures, as well as one of the most powerful and
wealthy monastic foundations in the kingdom. The church and
the domestic offices had been built at an early period, when an
accession of princely grants and donations had enabled the
abbots to gratify their architectural inclinations, on the noblest
scale, while the solidity of the Anglo-Norman mode of construc-
tion had secured both against hasty reform or dangerous decay.
The space that remained covered by them, when th^ir utility was
at an end, is said to have been about twelve acres. After the
surrender of the house, the work of destruction was not urged
with that demoniac fury that was usually displayed at other

(1 ) A Paper addressed to the Central Committee of the Archaeological Institute in 1846r It
was this Taper which originated the Excavations at Fountains Abbey.

108 MEMORIALS -OF FOUNTAINS ABBEY.

places ; and, generally speaking, little more than the timber and
lead of the roofs, the glass of the windows, and the internal fit-
tings and furniture were removed. Immediately after the
expulsion of the monks, the king granted the site of the abbey,
with many of its possessions, to Sir R. Gresham of London, who,
being non-resident, and having few tenants in the immediate
neighbourhood, could not convert it into a stone quarry ; while
its sequestered situation protected it from the sacrilegious hands
of the inhabitants of Eipon and the adjacent country. In 1596,
it was sold by Gresham's family to Sir Stephen Procter, who,
being attracted by the beauty of the place, could unfortunately,
think of no other materials wherewith to build his mansion, than
the walls of the monastery. For this purpose however, I would
believe he took little more than the outbuildings ; and the vener-
able and picturesque appearance that the house has now assumed,
accords so well with the surrounding scene, that it materially
mitigates the regret with which the antiquary would otherwise
contemplate so wide a scene of spoliation. After Procter's
decease, the estate passed restlessly through various hands, none
of w r hom resided on the spot, or cared for the preservation of the
abbey ; until, in the middle of the seventeenth century, it was
carried by a heiress into the family of Messenger, who, if they
did not sufficiently protect it, did as much as their Romish creed
would allow, without exciting suspicion, to preserve it from
violence and sacrilege. During their possession, and in 1682,
Thoresby, the historian of Leeds, recorded in his Diary that he
saw it "full of trees in the very body of it; " and in this con-
dition, " a noble wreck in ruinous perfection,' 1 it appears, from
drawings and prints, to have remained until Mr. Messenger, in
1767, sold it to William Aislabie, Esq., the owner of the adjoin-
ing estate of Studley Royal. Mr. Aislabie had, naturally, long
coveted its possession, as an invaluable addition to his celebrated
Grounds, and immediately on obtaining possession, unfortunately
set about, in the wretched taste of his time, to harmonize the
crumbling and desolated relics of antiquity, with the trim neat-
ness of his velvet lawns and gay parterres. The tourist Gilpin,
of Boldre, visited the abbey when these operations were in pro-
gress, and inhis " Observations relative chiefly to Picturesque
Beauty, made in the year 1772," has left an indignant commen-
tary on what he had not patience to describe sufficiently. " A
few fragments," says he, "scattered around the body of a ruin
are proper and picturesque. They are proper, because they
account for what is defaced ; and they are picturesque, because

APPENDIX. 109

they unite the principal part with the ground in which union
the beauty of composition in a good measure depends. But here
they were thought rough and unsightly, and fell a sacrifice to
neatness. Even the Court of Justice 1 was not spared, though a
fragment probably as beautiful as it was curious.

" In the room of these detached parts, which were the proper
and picturesque embellishments of the scene, a gaudy temple is
erected, and other trumpery wholly foreign to it.

" But not only the scene is defaced, and the outworks of the
ruin violently torn away ; the main body of the ruin itself is at this
very time under the alarming hand of decoration.

" When the present proprietor made his purchase, he found
the whole mass of ruin the Cloisters,' 2 the Abbey Church, and
the Hall 3 choked with rubbish. The first work therefore, was
to clear and open. And something in this way might have been
done with propriety, for we see ruins sometimes so choked that

no view of them can be obtained

" But the restoration of parts is not enough : ornaments must be
added, and such incongruous ornament, as disgrace the scene are
disgracing also the monastery. The monks' garden is 4 turned
into a trim parterre and planted with flowering shrubs ; a view is
opened through the great window to some ridiculous I know not
what (Anne Bolein 5 I think they call it) that is planted in the
valley ; and in the central part of the abbey, a circular pedestal
is raised out of the fragments of the old pavement, on which is
erected a mutilated heathen statue ! " 6

From these remarks, which are corroborated by several other
accounts, that I have heard, and partially by existing appear-

(1) I think that Mr. Gilpin was mistaken in his appropriation of this building; for what
has been immemorially styled, and bears all the internal evidences of, the Court Room, still
remains in substantial condition a fine vaulted apartment, 42ft. Tin. by 22ft. over the Kitchen.
It had an ample staircase leading from the Cloister-court, but it is now choked with rubbish.

(2) It appears from the plan published by Dr. Burton, in his Monasticon Eboracense, that
before Mr. Aislabie obtained possession, the portion of the Cloisters north of the entrance to the
Quadrangular Court, was divided into three apartments, having separate communications with
two walled courts in front, of which no apparent vestiges remain.

(3) The Refectory is perhaps intended by this name. The bases of the four columns that
divided this noble apartment (109ft. by 46tt.), and are indicated in Burton's plan, have dis-
appeared.

(4) The Cloister Court, 125 feet square, whence a considerable, and the only remaining,
portion of the arcade that supported tin: penthouse, was swept away. The present is not the
original level ; and several monumental stones are, I believe, concealed under the grass plot.

(5) A mutilated stone, now laid in one of the northern side chapels of the choir.

(6) I presume that this was one of the stray Arundelian marbles. Mr. Aislabie sometime
inhabited one of the newly built houses in Arundel-street, the site where they were once deposited,
and is said to have found the torso of a statue in his cellar, which he removed to Studley. All
recollection of it is now lost ; but when the members of the Institute visited Fountains on the 24th
of July last, I drew their attention to the mutilated fragments, of which I apprehend it was com-
posed.

110 MEMORIALS OF FOUNTAINS ABBEY.

ances, it seems that Mr. Aislabie not only removed the ruins of
the groining and top courses of the walls that had fallen into the
interior ; but in his anxiety for a level surface removed, from the
choir' at least, many interesting fragments that should have been
retained in their original and proper position. Thus, among
operations that cannot be distinctly ascertained, it is specifically
stated in the Gentleman's Magazine for 1820, that a part of the
pillars of the arcade of the choir were pulled down, the super-
incumbent clerestory having fallen long before. It is all but
-certain, too, that he removed the greatest part of the reredos of
the high altar, as a great portion of it was wrought up in an
unmeaning gallery which he erected under the great eastern
window. One of the greatest misfortunes, however, consequent
on these operations, was not that he did so much, but that, in the
main direction, he did not do sufficient. For, in the indiscrimi-
nate clearing of the floor of the abbey church, having removed
the larger masses of loose groining and fixed masonry, he found
it the readiest method of obtaining what he required, to bring
the rest of the rubbish and fragmentary relics to a common level,
and cover all with one oblivious sward. This process, which
was likewise adopted in other parts of the abbey, occasioned the
present specific cause of appeal, and one that is almost daily
regretted by persons of education and cultivated taste, who visit
the building from, all parts of the kingdom. Whether then, it
is considered with reference to the picturesque appearance of the
building ; or the proper development of the unrivalled architec-
tural effect of the abbey church, this accumulation is, indeed,
exceedingly to be lamented. Not only are the bases of the choir
pillars the only remnants of the inner structure of the choir
entirely buried, and many objects of interest such as tesselated
pavements, sepulchral slabs, indications of chantry chapels, and
other internal arrangements mouldering uselessly in the earth ;
but the principal constituent members of the fabric are robbed of
their most 'graceful proportions and lofty elevation, and we are
constrained to view them, and the general effect which they per-
vade, from a false and artificial level. The truth of this will be
most evident on viewing the Semi-Norman, nave, of which I
annex a sketch, for the informatian of those who do not remember
it, together with one of the appearance it might assume by the
simple operation of removing the superfluous earth. The middle
aisle of the nave, it will be observed, is formed by two arcades,
each originally of eleven massive pillars, the bases of which, like
examples now remaining in the Nave of Durham Cathedral, are

APPENDIX. Ill

square, and consequently extremely powerful and effective features
in breaking the long drawn perspective of the gloomy superstruc-
ture. Now as these bases are entirely buried, we lose not only
their essential contribution to the general architectural and pic-
turesque aspect of the fabric, but the effect of each individual
column is degraded into a truncated, clumsy, and baseless mass ;
the proportion of the circumference of the shaft to the height of
the pillar is utterly lost ; and the meeting of the vertical lines
with the horizontal sward creates angles offensive even to an eye
unversed in geometrical propriety, and untutored by the rules
and principles of art. The same observations may apply, in sub-
stance, to the Lady Chapel, where the effect of the unrivalled
Early English columns that cross it in prolongation of the cleres-
tory of the choir, and exhibit a triumph of art that captivates
every beholder on his entrance to the building, is very grievously
diminished, by the total concealment of their massy cylindrical
bases beneath the sward. I might indeed, if it was necessary,
point out the effect of this accumulation with reference to several
other portions of the church ; but when I say that, on an aver~
age, it prevails to a depth of two feet throughout the Conventual
Church, which is 350 feet long, and of a dignity corresponding
with our principal cathedrals, I trust the knowledge of that fact
alone will be a sufficient vindication of the truth of my position,,
and of necessity of the present appeal.

And while these benefits might be assuredly conferred on the
many thousand visitors that seek the abbey (either to gratify
their minds by the. perception of the beautiful, or to improve-
them by the study of the principles developed in its design and
construction) by the employment of the spare time of a few
labourers, in their most vacant portion of the year there does
not exist, in my humble opinion, any shadow of a reason that
can be alleged, why such an operation would militate, in any
wise, against the security or proper conservation of the building.
The support that can be afforded, even to a declining foundation,
by the pressure of a few feet of earth, would, of course, be
entirely unavailing, if it was required. The indissoluble grout
work, which is the very core and existence of the massy super-
structure, is not dependant, surely, on the few bushels of earth
that are accumulated at its base. Indeed, by the removal of the
earth from the interior of the church, and that superfluity of it
that has been carried out, and thrown under its external walls,
the drainage of the moisture, that must militate most radically
against the security of the structure, would be promoted ; and,,

112 MEMORIALS OF FOUNTAINS ABBEY.

an additional stability be gained, for that which we cannot devise
too many expedients to maintain.

It is, indeed, a matter of great congratulation, that, since the
decease of Mr. Aislabie, a most vigilant and generous attention
has been bestowed on the abbey, by those who have had the
honour to succeed to its possession. Beside incidental and judi-
cious repairs, and the abolition of the chief extravagancies that
Mr. Aislabie had committed, Mrs. Allanson, his eldest daughter
and coheir, caused in 1790 and 1791, the splendid Chapter-house
to be cleared of the mass of rubbish with which it was encum-
bered, on the representation of Mr. John Martin, of Ripon ; who
justly inferred, from the records briefly abstracted in Dr. Burton's
Monasticon, that the tombs of several of the abbots might thus
be discovered. The long and most worthy possession of her
niece, Mrs. Lawrence, was distinguished by her attention to every
means and circumstances that could promote the security of the
structure. Among other works which the antiquary and archi-
tect must remember with especial and grateful satisfaction, was
the substantial and judicious repair of the great tower from the
top to the bottom ; the reconstruction of a great portion of the
groining of the Cloisters that fell suddenly in the year 1822;
and the application of an impervious cement to the floor of the
roofless dormitory, by which the arcade of the western cloisters
300 feet in length, was rendered secure against the percolation
of the rain water, that ultimately threatened its destruction.

It was, not, however, until the autumn of 1840, when the
groining ribs, or rather arches of the nave aisles, were reset, that
it become generally understood that the present sward does not
correspond, in level, with the original floor of the abbey church.
In clearing away, at that time, the mounds of rubbish that had
accumulated in the southern aisle, the great square base of one of
the columns of the nave was accidentally exposed ; and on follow-
ing it down to the floor, a singular and early geometrical painted
pavement, apparently the floor of a chapel, was observed near
the door leading to the Cloister Court. A few more openings
were afterwards made, almost at random, in different parts of
the church. The bases and moulded fragments of some of the
pillars of the choir, of which no trace remains above ground,
were observed, together with the foundations of the screen at each
end of the choir. That behind the high altar had been little more
than deeply recessed trefoil arches, supported by grey marble
columns, similar in character and design to the arcade that runs
round the choir and Lady Chapel. Of the western screen little
was seen. It had been torn down nearly to the floor, and the

APPENDIX. 113

earth was not sufficiently cleared away to enable me to observe
whether the fragments were removed or not. The first step of
its geometrical staircase remained, in situ, on the north side ; and
immediately in the centre of the floor of the porch, was a huge
slab of black marble, about 9ft. 6in. long, 4ft. 8in. wide, and
7in. thick, but broken in several places. It had been richly
inlaid with a brass of a mitred figure, holding a crosier or
" crutch," with two shields above his head, and a circumscription,
with corner pieces intended probably for the evangelistic sym-
bols. The annexed sketch, made from a verbal description, will
afford some idea of the appearance of the slab ; which we may
suppose covered the remains of the abbot, John de Ripon, who
died at the Abbey Grange at Thorpe Underwood, 12th March,
1435, and is said in one of the records of the abbey, called the
" President Book," to have been buried before the entrance to the
choir. The perfect skeleton of a very tall man was found, resting
on a paved bed immediately below the stone ; but no trace of a
ring, chalice, paten, or any other relic or substance whatever
was observed. In the Lady Chapel, a part of the floor was dis-
covered to be paved with square tiles, chiefly red and black, and
black, and about six inches square ; and the bases of the tall
octagonal pillars were found to be cylindrical and massy. In
the middle of the chapel, between the high altar and the east
window, was the sepulchre of a person whose head had been
severed from his body and placed on his breast ; and a few feet
below, apparently, the groining of the crypt, which I have several
reasons for supposing exists under this portion of the church.
It is only.necessary, I trust, to add to these remarks, that, on
the decease of Mrs. Lawrence in July, 1845, the site of the
Abbey of Fountains, with many invaluable adjacent possessions,
became by the provisions of her will, the property of the Right
Hon. the Earl de Grey ; whose thorough and critical acquain-
tance with architectural science, and just appreciation of the
treasures of ancient art, must render assurance unnecessary
independent of his high position as President of the Institute
of British Architects that on a proper representation of the
circumstances I have recited, and many of which have not been
presented to his notice, the result cannot but be satisfactory to
that numerous and daily increasing class of the community, who
feel interested in the conservation of our inestimable national
antiquities.

J. R. WALBRAK

Fall Croft, Kipon, October 6th, 1846.

I. VOL. II.

114 MEMORIALS OF FOUNTAINS ABBEY.

VI. ON THE EXCAVATIONS NOW IN PROGRESS AT FOUNTAINS
ABBEY, WITH SOME REMARKS ON THE EARLY HISTORY OF THE

MONASTERY. Read at the Joint Meeting of the Architectural
Societies of Yorkshire and Lincolnshire, at Ripon, June 17,
1851. By JOHN RICHARD WALBRAN.

Of the several institutions which have been the agents of civi-
lization, few have exercised, in this country, a more important
and lasting influence than the Monastic system, which, though
historically recognised in its ultimate tendency and result, has
not been generally understood in operation and detail so well as
the subject has allowed and deserved. Germinated from the
enthusiastic devotion of individuals who endured, in austerest
solitude, those self-inflicted sufferings by which they hoped to
work out their salvation, it quickly engaged, far and wide, the
sympathies of the broken in spirit, the contemplative, the aged,
the studious, and the melancholy ; indeed, all of those who, from
extreme sensibility or morbid idiosyncrasy, sought retirement
from contention with the world, or an escape from those scenes
of outrage and violence to which the earlier stages of society
were continually exposed. The famed piety of its early members,
and the peculiar spiritual blessings which they professed to have
acquired, soon drew within its influence those who could believe
that by the sacrifice of worldly substance they would be rewarded
an hundred-fold in the glory of heaven ; and in this country,
more particularly after the reformation of society at the Nor man
conquest, it became a vast organization, divided into orders,
enriched with manors, and lands, and princely houses ; armed
with great secular authority, and blessed with the most boundless
means of diffusing social blessings, from the respective establish-
ments that had arisen throughout the land. They were, in many
of our now smiling vales, the first patient tillers of the unculti-
vated soil ; they first ameliorated the condition of the English
slave ; they raised and fostered on their estates a contented and
honest yeomanry, whose happy influence was felt when that of
their patrons was no more ; they exhibited and maintained before
a rude, yet not heedless population, that ever-ennobling spectacle
of abstraction from the world, and devotion to the spiritual and
the unseeen ; they subdued the uncouthness and rebuked the
passions of the warrior knights and squires who often gathered
in their festive halls ; they fed the crowds of poor who stood
daily at their gates, asking only in the name of Christ; and
besides contributing, by the erection and renewal of their houses,.

APPENDIX. 115

to promote architectural science with its ancillary arts, they claim
the everlasting gratitude of mankind for preserving that sacred
lamp of learning and of truth which would have been extinguished
in the whirlwinds that might rage everywhere but within their
walls. Like every other agent in the development of civilization,
its purpose was at last accomplished ; its end was determined and
fulfilled. The facility of communicating men's thoughts, by the
new art of printing, had awakened inquiry, and arguments, and
propositions, which the monks could neither defend, nor explain,
nor resist. The subjugation of the baronial power, and the dis-
persion of property that followed the wars of the Roses, were
creating a class of small but ambitious, and therefore jealous,
landowners. Commerce, with all its antagonism with feudal and

Prescriptive rights, had begun vigourously to develope itself,
jiixury and riches had long enervated and perverted the spirit
and influence of the system itself; so that, when king Henry
had silenced the magnates of the land, by participation in his
spoil, it engaged so imperfectly the general sympathy of the
people, that it was naturally and readily dissolved, leaving only,
as its most obvious and visible exponents, those mighty and tri-
umphant structures, of which the subject of our present consider-
ation stands, unquestionably and prominently, the chief.

As early, at least, as the seventh century, the monastic system
was introduced into Yorkshire, and during the Saxon times
influential institutions were maintained at Ripon, Whitby, Last-
ingham, and elsewhere. After the banishment of the Culdees,
they followed the rule which had been established and ordained
by St. Benedict, and was the common rule of the time. But
this, like every other human institution, had become, in process
of time, considerably relaxed ; and in that great movement of the
human mind which occurred in the twelfth century, it was
recalled to its pristine austerity, chiefly through the energy of
St. Bernard ; and an establishment, thus regulated, was formed
at Cistaux, or, as it was writien in Latin, Cistercium, in Bur-
gundy. It is not, of course, necessary to detail here the duties
and observances it required, but I may remark, that among other
reversions to primitive practice, the sites of monasteries were
directed to be chosen in situations apart from the busy haunts of
men, and in rural places suitable for meditation and seclusion.
Thus, while the great Benedictine abbeys which were founded or
established after the conquest were placed in or near manor places
or towns as the Abbey of St. Mary, at York, the Abbey of St.
Hilda, at Whitby, and others the Cistercians systematically

116 MEMORIALS OF FOUNTAINS ABBEY.

sought the banks of the rivers or the picturesque seclusion of the
vales. Hence, by a process as natural as it was beautiful, the
monks of Rivaulx named their noble house from its situation in
the vale of Rie ; the monks of Jorevol, or Jervaulx, from their
settlement in the vale of the Yore ; thus also Basedale derived
its name. The derivation of Fountains has been questioned.
Dr. Whitaker asserts 1 that the first name assigned to the house
was the Abbey of Skelldale, and that the meaning of Skell not
being then entirely obsolete, the monks translated it de Fontibus,
a name which, when the original one was forgotten, was re-
translated Fountains. But this position is neither corroborated
by the instrument of foundation, nor by any other charter of the
house, and it seems more probable that observation of the nume-
rous springs that gush out copiously in the abbey dale suggested
to the simple-minded founders the elegant and appropriate name
it has borne. Sometimes a particular natural object bestowed a
name, as Roche Abbey, from the adjacent rocks ; Salley, from
the field of Sallows. Yet this was not a rule of general appli-
cation : for the Cistercian houses of Yorkshire, Byland, Meux,
Sinningthwaite, Esholt, Hampol, Swine, Hutton, Appleton,
Keldholm, and Wickham, were merely named from the manor
or place in which they stood. This Cistercian or reformed rule,
which the marvellous influence of St. Bernard spread over
Christendom, was introduced into Yorkshire in the year 1131,
when the Abbey of Rivaulx was founded. Yet, before this
society was organized, its spirit had manifested itself in the
great Benedictine Abbey of St. Mary, at York, and certain of
its inmates, among whom was the prior of the house, were so
far discontented with the laxity of the establishment, as to with-
draw themselves entirely from it. Without money, without a
a home, without any earthly possession save the vestments which
they wore, these enthusiastic men felt, for a time, all the malig-
nant influence of a dominant ecclesiastical society, and the
anchorite's cell or a foreign home would doubtless have been
their doom, if the prior had not been intimately acquainted with
Thurstan, the Archbishop of York. This great and good man
took the thirteen monks into his house, and even attempted,
though fruitlessly, to visit the abbey in their behalf. At length,
having determined to celebrate the Christmas of 1131 at his
manor of Ripon, he selected, on the 27th of December, a shelter
for them in the little vale of Skell, about three miles from the
town, secluded enough to satisfy the most ascetic fancy, since

(1) History of Craven. _Second edition, p. 202.

APPEKDIX. 117

the monks afterwards recorded that it was full of reptiles and
brushwood, and more fit for the habitation of beasts than of men.
Hither, however, he sent them ; and with what feelings this
little "band of hope" crept under the trees, when that first
winter night left them in darkness homeless, penniless,*all but
hopeless by the side of the little brook, bubbling on then as
now can be known only to Him in whose contemplation they
were so entirely absorbed, and to whose service they were so
intensely devoted. Day by day, through that dreary winter,
through the next gay and life-inspiring spring, these stout-
hearted men wrestled with their lot ; living in thatched huts
under the trees and rocks, depending for food on the morsel of
bread sent to them from the archbishop, aud drinking, in com-
mon with the beasts of the field, from the adjacent stream. In
the chronicle of the house, that was written by one of the suf-
ferers, 1 it is said that an elm tree, which stood in the midst of
the valley, and is otherwise known to have existed at the disso-
lution of the abbey, was their chief shelter ; bftit the tradition of
the country points out also some yew trees, that still survive, on
a little knoll, to the south-west of the abbey ; and since they
have assuredly looked on the face of fifteen hundred years, it is
not improbable that the monks availed themselves of their friendly
shelter in the winter. During this period, their devotional exer-
cises were not, apparently, regulated implicitly either by the rule
of St Benedict, which they had formerly professed, or by the
Cistercian rule ; for it was only after they had been here six or
eight months that they agreed to adopt the severer discipline,
and sent two brethren to Clarevall, to ask the advice and counsel
of St. Bernard as to the institution of their monastery. The
good father returned them a letter of most comfortable encour-
aovment, and also sent a member of his own house to instruct
them both in the spiritual as well as in the secular affairs of their
undertaking. Ten new brethren now became associated to them ;
but still sympathy was unaccompanied by the contribution of
temporal wealth, and at length they were reduced to the most
severe distress. The detail of their sufferings, left on record in
the chronicle of the house, is most pathetic and affecting. The
abbot wandered vainly about the country in search of food for
himself and his famishing brethren, neither had he anything
whtTewith to buy. To leave the place was most painful to them ;
to sit in solitude, destitute of food, was impossible. Yet, cling-
ing to their situation and their resolve, they were even con-

(1) De Grig. Monasterij dc Fontibus. Mon. Ang. vol. i. pp. 733762.

118 MEMORIALS OF FOUNTAINS ABBEY.

strained, at last, to subsist on the boiled leaves of trees and herbs,
rendered eatable only by the addition of a little salt.

Under these privations, the brethren dwelt in the little vale
for two years, and until their establishment seemed entirely
hopeless. Despairing therefore of permanent success, the good
and wise abbot Richard went, at last, over sea, to St. Bernard,
at Clarevall, to inform him of the condition of the society ; and
to pray for admission into his establishment. To this proposition
the father of the order acceeded, and assigned them a situation
in one of the granges of his monastery. But the tide of their
suffering was at its height ; for, while the abbot was sojourning
in France, Hugh, dean of St. Peter's, at York, a man of great
influence and riches, and one of those who accompanied Thurstan
in his ineffectual visitation of St. Mary's Abbey, determined to
join the brotherhood, and came to Fountains, bringing with him
not only great treasure of money and goods, but an invaluable
collection of books, of which he had been an industrious collector.
The example of suh a man who may equitably be regarded as
the founder of the nouse could not fail to operate. Soon after,
Serlo, a canon of York Minster, who likewise had shown his
sympathy with our brethren by aiding Thurstan in his visitation,
being on the point of death, was brought hither, with a great
amount of personal property. Tosti, also, a rich fellow canon,
now joined the society ; and, ere long, the men of the surround-
ing country, who had driven the brethren from their doors, when
the food and shelter of their cattle would have been received
with gratitude, as a luxury, were striving, by the reckless sacri-
fice of their patrimony, to be remembered in their prayers, and
to rest beside their altars.

The wealth and influence of the house soon became as great
as it had originally been limited. Before the close of the twelfth
century, and within seventy years after the settlement of the
monks under the trees and rocks, all the buildings of the monas-
tery had been erected ; and, even in the beginning of the next
century, when the country was involved in famine and military
warfare, the stout-hearted abbot of that day rebuilt the choir and
Lady Chapel ; and then, I apprehend, began that extraordinary
structure of which I am more especially to speak on the present
occasion.

But, since it is an innate principle of sincere men to diffuse
any good they may have obtained, the best test of the vitality of
any association must be the amount and value of its missionary
operations, and it is pleasing to find, that while these -men

APPENDIX. 119

adorned the lamp they forgot not the light. Within twenty
years after their settlement at Fountains, seven monasteries had
been founded at their suggestion, and received their first estab-
lishment of inmates from this place. Newmin^ter, in North-
umberland, was, as they termed it, their eldest daughter ; and
thence, again, shortly went out monks for the foundation of
Pipewell in Northamptonshire, Sawley in Craven, and Roche in
the West Riding of this county. 1 Kirkstede Abbey, in Lincoln-
shire, 2 and Kirkstall Abbey, near Leeds, 3 were founded by the
counsel of the abbot of Fountains. The abbeys of Louth-park 4
and Vaudey 5 in Lincolnshire, Woburn in Bedfordshire, 6 and
Melsa 7 in Holderness, were all colonized and constructed by men
from this celebrated institution facts that should be remembered
whilst viewing or investigating their remains. The fame of the
house even brought hither, in the year 1146, a Norwegian
bishop, who persuaded a requisite number of the monks to
accompany him to his own country, where they founded a mon-
astery at Lisa, which became a great blessing to the barbarous
people.

It is unnecessary to continue these remarks, premised only
for those unacquainted with the early position and influence of
the house ; or to enter on that general explanation of the struc-
ture, which will be better understood when we shall have
adjourned to the spot. Before, however, I narrate the dis-
coveries that have recently added so much to the interest of the
abbey, it will be convenient to give a brief history of the build-
ing since it was desecrated and left to decay, and to allude to
circumstances that have retarded the discovery until the present
time.

At the period, then, of the Reformation, the Abbey of Foun-
tains was one of the most noble and extensive structures, as well
as one of the most influential aud wealthy foundations in the
kingdom. The far-famed sanctity of its earliest members had
placed such an amount of temporal wealth at their disposal, as
to have enabled them to determine the original plan and pro-
portions of the house on the grandest scale ; while the solidity of
the Norman style, in which it was constructed, secured them
against hasty reform or considerable decay. As they were
designed so they remained, with few exceptions, until the time
when the institution was dissolved. After the surrender of the

(1) Mon. Ang. vol. i. p. 801. (5) Ibid. 831.

(2) Ibid. 806. (6) Ibid. 828,

(3) Ibid. 755. (7) Ibid. 793.

(4) Ibid. 805.

120 MEMORIALS OF FOUNTAINS ABBEY.

abbey, in November, 1539, the building escaped immediate and
wilful violence, and, generally speaking, little more than the
roofs, glass, and internal fittings and furniture, were removed.
Soon after the expulsion of the monks, and on the 1st of October,
1540, the king granted the site of the house and many of its
possessions to Sir Richard Gresham, of London, whose tenants
had no occasion to convert it into a quarry, while its sequestered
situation protected it from the mischievous hands of the people
of Ripon and the adjacent country. In 1596, it was sold by
Gresham's family, to Stephen, afterwards Sir Stephen Procter,
of Warsal, in the parish of Ripon. who, being attracted by the
beauty of the site, resolved, a few years after, to fix his future
residence here. The abbot's house, however, had either become
so dilapidated, by fifty years of neglect, or so objectionable and
offensive in its arrangement to the taste of the man, or of his
times, that a new site was chosen, a few hundred yards west of
the abbey, and a mansion erected, whose venerable and pic-
turesque appearance now accords so well w r ith the seclusion and
tranquillity of the scene around, as considerably to mitigate the
regret with which we must contemplate the spoliation it has
occasioned. In a valuation and description of the estate, 1 made,
perhaps, twenty years afterwards, it is said that this house cost
nearly 3000/., notwithstanding the " opportunitie of stone got at
hand out of the abbey wall ; " the inference being certain, that
the abbot's house was that part of the edifice whence the chief
portion of it was obtained. After a life of ambitious speculation,
pursued with so little rectitude of conduct as to have been visited
by legal punishment and parliamentary censure, Procter, sink-
ing deeper and deeper in debt, and harassed by London money-
lenders, died, before the year 1619, leaving his last delusive hope
inscribed above the portal of his hall, RIEN TROVANT GAINERAY
TOVT. The abbey estate, mortgaged, statute-stapled, and encum-
bered in every conceivable manner, then passed quickly through
the hands of various speculators or land jobbers, none of whom
resided on the spot, or, of course, were interested in the preser-
vation of the ruins, until the middle of the seventeenth century,
when it was carried, by an heiress, into the respectable family
of Messenger, of Newsham, who adhered to the Roman Catholic
faith, and ever after their acquisition of the estate resided at
Fountains Hall. During their possession, and in the year 1682,
Thoresby, the historian of Leeds, saw it, " full of trees in the
very body of it," and in this condition it appears to have remained,

(1) Harl. MS. 6853, p. 451.

APPENDIX. ' 121

until John Michael Messenger, Esq., was prevailed on, by per-
suasion which he most painfully and ceaselessly regretted until
his death, to dispose of it, in 1767, to William Aislabie, Esq.,
owner of the adjacent estate of Studley Royal. Mr. Aislabie
had long coveted the inclusion of the abbey in the celebrated
pleasure-grounds which his father had formed adjacent to the
site, and his acquisition of it has not only been fortunate for
himself or his successors, but for all lovers of antiquity or of art ;
since the wealth and liberality of the house of Studley have
secured all the attention which the gradual decay or casual
accidents of so vast a pile constantly demand ; and its inclusion
in that far-famed domain has protected it from wanton injury
and desecration. Unfortunately, however, instead of contenting
himself with the sufficiently arduous task of mitigating the for-
mal character of the scene through which the abbey and its
untutored sylvan accessories were to be approached, he attempted,
in the wretched fashion of his time, to assimilate the remains of
one of our most majestic and imposing monuments of the intel-
ligence and piety of the past, with the trim neatness of terraces
and statues, formal avenues, shaven hedges, mock temples, and
gay parterres ; to root up fragments of the building, which he
fancied had never been connected ; to supply what he thought
was wanting ; to make the crooked straight, and the rough
plain. The tourist Gilpin, of Bolr.re, visited the abbey when
these operations were in progress, and in his " Observations
relative chiefly to picturesque beauty made in the year 1773,"
has left on them this just and indignant commentary. "A few
fragments scattered around the body of a ruin are proper and
picturesque. They are proper, because they account for what is
defaced, and they are picturesque, because they unite the prin-
cipal part with the ground ; in which union the beauty of com-
position, in a great measure, depends. But here they were
thought rough and unsightly, and fell a sacrifice to neatness.
Even the court of justice was not spared, though a fragment,
probably as beautiful as it was curious."

Mr. Gilpin was, certainly, mistaken in his appropriation of
the building to which this tantalizing passage alludes, for " the
hall of pleas," in which the court of the Liberty of Fountains
was held, within memory, still remains entire, and with all the
characteristics of its purpose, above the kitchen, in the abbey.

" In the room of these detached parts," continues Mr. Gilpin,
" which are the proper and picturesque embellishments of the
scene, a gaudy temple is erected, and other trumpery, wholly
foreign to it."

122 ' MEMORIALS OF FOUNTAINS ABBEY.

" But not only is the scene defaced, and the outworks of the
ruin violently torn away, the main body of the ruin itself is at this
very time under the alarming hand of decoration."

" When the present proprietor made his purchase, he found
this whole mass of ruin the cloisters, the abbey church, and
the hall (by which I suppose is meant either the chapter house
or the refectory) choked with rubbish. The first work, there-
fore, was to clear and open. And something of this kind might
have been done with propriety for w r e see ruins sometimes so
choked that no view of them can be obtained."

" But the restoration of parts is not enough ; ornament must
be added : and such incongruous ornaments as disgrace the
scene are disgracing also the monastery. The monk's garden
(that is the cloister court) is turned into a trim parterre, and
planted with flowering shrubs ; a view is opened through the
great (east) window to a ridiculous I know not what Anne
Boleyn, 1 I think they call it that is planted in the valley ; and
in the central part of the abbey, a circular pedestal is raised out
of the fragments of the old pavement, on which is erected a
mutilated heathen statue. 2

From these remarks, which are too fully corroborated by
evidence on the spot, it seems that Mr. Aislabie's chief object
was not merely to obtain an uniform and level surface in and
around the building, but also to subdue, remove, or conceal,
such portions of the walls as, either by poverty of elevation, rude-
ness of form, or fragmentary connexion, could not be grouped
with the main fabric. Thus, among other operations which can-
not here be particularly defined, it is stated, in the " Gentleman's
Magazine " for 1820, that a portion of the pillars of the choir
were actually pulled down, the superincumbent clerestory having
fallen long before. It is probable that he removed also the
greatest part of the reredos of the high altar, of which a great
portion appears in an unmeaning gallery which he erected under
the great east window of the Lady Chapel, and the rest scattered
in different apartments of the abbey. But an injury, still more
lamentable, was occasioned by the indiscriminate disposal of the
rubbish with which every part of the building was filled. For,
having removed a large portion of it for the formation of walks
connecting the abbey with tbe garden, and the reduction of
broken ground and intractable foundations around the exterior,

(1) A rude, but very singular, white marble effigy, now laid in "the Mowbray Chapel," in
the Abbey.

(2) Part of one of the Amndelian Marbles, of which several fragments were found by
Mr. Aislabie, in the cellar of his house in Norfolk-street, London, the site of the great collector'^
garden.

APPENDIX. 123

he brought the rest to a common level in each apartment or
division of the fabric, and covered all with one oblivious sward.
Not only were pavements, sepulchral monuments, bases of
columns, indications of altars, chantry-chapels, screens, and
many other interesting objects and arrangements thus entirely
concealed, but the principal constituent members of the structure
were robbed of their graceful proportion and lofty elevation, and
they have since been viewed, together with the general effect
which |hey pervade, from a false and artificial level. The bases
of the great Norman columns of the nave were, then, wholly
sunk ; the platform of the choir confounded with the aisles
depressed on each side ; the arcade of the great cloister court
levelled with the quadrangle within its enclosure; an artificial
platform was intruded into the refectory ; in short, for the eye
of one not conversant with the fabric, doubts, anomalies, and
falsities were created, which have become alike difficult to be
corrected or to be comprehended. The restoration of the true
level is, indeed, still practicable ; but a great portion of the valu-
able evidence to be derived, during an original excavation, has
been thus irrecoverably lost. Yet, after all, it is consolatory to
reflect that, in these operations, Mr. Aislabie often declined the
officious advice of Kent and Brown, and that a more complete
excavation did not take place at a time when there was neither
inclination to observe nor ability to record the results.

After the decease of Mr. Aislabie, many of the absurdities he
had perpetrated were considerably modified, or gradually sup-
pressed ; but no reduction or investigation of the rubbish was
attempted, till 1790, when Mr. John Martin, of Ripon, anxious
to discover the tombs of the abbots, said in " Burton's Monas-
ticon " to have been buried in the chapter-house, persuaded the
gardener of Mrs. Allanson, the non-resident proprietress, to
institute a search, which led to the clearance of that apartment.
This, however, was but the exchange of one evil for another ;
for though the tombs and the bases of the columns of the aisles
were discovered, yet the preservation of the very curious Early
English pavements was neglected, and the rubbish and remains
of the vault merely transferred to the exterior of the building,
which, until the last few weeks, consequently lost seven feet of
its elevation.

Such was the treatment which the abbey had received within
the period of recollection. During its possession by Mrs.
Lawrence, from 1808 to 1845, many necessary and extensive
repairs were supplied by a prompt and liberal hand. Among

124 MEMORIALS OF FOUNTAINS ABBEY.

other works which the antiquary and architect will remember
with gratitude and satisfaction, were the substantial repair of the
great tower from the top to the bottom ; the renewal of the
transverse arches of the side aisles of the nave ; the reconstruc-
tion of a great portion of the groining of the western cloisters
that fell in the year 1822 ; and the application of an impervious
floor to the roofless dormitory, whereby the cloisters below
three hundred feet in length were fortified against the perco-
lation of the water that imminently threatened their destruction.
Meanwhile, however, the velvet surface of the sward within and
around the walls never induced suspicion of the wreck that
existed below ; and even when an accumulation of rubbish was
removed from the inside of the tower, the south aisle of the nave,
the frater house, and other parts of the building, the old fictitious
level was scrupulously maintained. Indeed, the antiquary search-
ing diligently for portions of the structure which he was, infer-
entially, assured must have existed, could never have dreamed,
as he gazed on the verdant lawn that disappointed his inquiry,
that, even then, he was standing on the spot, with doorways,
and windows, and massy walls, often sunk eight feet helow.

Among other places on the south side of the abbey, where
the natural dip of the valley towards the river particularly
favoured the accumulation of rubbish, without offence or suspi-
cion to a careless eye, was one especially, at the south-east angle
of the Lady Chapel, occupying a space about 300 ft. long and
180 wide, partly gained by covering the river Skell with four
arches or tunnels, which have been immeinorially matted over
with trees and brushwood. From a general plan of arrangement
evident in the Cistercian houses, supported by particular local
inferences, derived from the records of the abbey, I have been
induced, for some years past, to point out this as the site of the
abbot's house, in opposition to the received idea that the hospitium,
on the western side of the new cloister, had been appropriated to
that purpose, and stated my reasons for this belief to the mem-
bers of the Archaeological Institute who visited the abbey in July,
1846. Beyond this, however, nothing was proposed or ascer-
tained until November, 1848, when the Earl de Grey, who,
fortunately for the lovers of antiquity, has recently come into
possession of the abbey, directed that a portion of the water-
courses or tunnels, which had fallen many years ago, should be
repaired. The removal of part of the superincumbent soil being
consequently necessary, a fragment of an Early English pave-
ment was discovered, which indicated the important character of

APPENDIX. 125

the ruined mass, and, in some degree, corroborated the position
I had maintained.

After some further trinl of the rubbish, which varied in depth
from three to six feet, his lordship immediately directed that an
excavation of the whole site of the house should be undertaken.
During its progress, it soon became evident, that when Proctor
had required materials for the erection of Fountains Hall, in
the time of James I., the whole of the noble pile had been
pulled down as near the foundations as the rubbish accumulated
in the work of destruction would allow. In several places,
indeed, the foundation had been reached, and no elevation of
masonry suffered to remain that rose above the height of four or
five feet. Even the floors were torn up, and nothing was inten-
tionally left on the site except such stones as, from their quality,
form, or size, were unfit for further use. As the jambs of the
doors and windows, groining ribs, brackets, string courses, and
other ornamental portions of the building were, doubtless, best
adapted to form grout work in the construction of the new hall,
no particular traces of these ravages can be observed there, unless
the string course, above the lowest tier of windows, has been
removed from some Tudor portion of the older edifice.

For those who can recall his sad eventful history, whose rest-
less ambition thus ravaged hearth and altar alike, it is difficult,
while contemplating the wreck of this ancient home, where, for
three centuries, so much worth reposed, and benevolence and
hospitality were diffused, to forget that a woe hath been
denounced against him that " buildeth his house by iniquity and
his chambers by wrong," or to solve, antipnpally, that motto 1 on
his purchase-deed of the estate, " HODIE MIHI, CRAS TIBI."

As far as remains enable us to judge, the building of this
noble house was undertaken by the Abbot John de Cancia, who
sat from 1219 to 1247, after he had completed the choir and
Lady Chapel of the Conventual Church. We cannot, of course,
conclude, merely from his name derived, doubtless, from the
county whence he came that he had studied architecture in the
school of Canterbury, but the fact that he was elected to the
abbacy when abbot John was elevated to the see of Ely,
and the building of the choir was then the great work of the
house, is not worthless testimony to the fame of his acquirements.
It is certain, however, from records of the abbey, that he finished
the choir and Lady Chapel, and laid down the u pictum pavimen-
tum " of the church ; that he erected also the new cloister, the
infirmary, and the houses for the entertainment of wayfarers

126 MEMORIALS OF FOUNTAINS ABBEY.

works which still remain to challenge for him a high position
among the best architects of his time. I have seen all that
remains of him in his grave, and if the principles of the phren-
ologists may be received, his skull exhibits corresponding evi-
dence of his intellect and benevolence. During the time in
which this great man presided over the house its wealth and
reputation were nearly at their height, and the sweeping donations
it had received from the Percys, and Mowbrays, and Romilles,
together with the immunities and franchises it had gained from
popes and kings, had enabled its inmates to realize their archi-
tectural designs on the largest scale. Until this time, when the
buildings of the monastery only were completed, the abbot was
perhaps satisfied with a residence of wood and plaster, as, indeed,
the lodgings of the Prior of Bolton seem to have remained to the
time of the Reformation.

The ruins of the house are situated at the south-east angle of
the Lady Chapel a situation dictated, apparently, by a general
regulation, but unlikely, in this instance, either to promote
cheerfulness or contentment in its inmates. They enjoyed,
indeed, a few glimpses of the morning sun ; but during the rest
of the day were doomed to the sombre shade of the wooded steep
which rose far above their roof ; and the glorious sunsets down
the picturesque Skell worth the pilgrimage of many a mile to
behold were shut out by the lofty buildings of the convent that
filled the bosom of the valley. This particular situation, how-
ever, was not obtained without an immense outlay of time and
labour ; for Skelldale being, at this point, extremely contracted,
and* the river incapable of diversion, the only resource of the
monks was to construct the house above the river, and four
parallel tunnels or water courses, supporting the foundations,
still attest their perseverance and skill.

With an inconsiderable exception, the whole house rested on
these tunnels, each arch bein^ ten feet high and as many wide.
Their original direction, occasioned by the very precipitous char-
acter of the southern bank of the river, is north-east, for the
space of about seventy feet ; but they then turn full east, and so
continue for the space of 197 feet and upwards, for the extre-
mities are broken down. The main walls of the house were
arranged with reference to the piers of these tunnels, the influ-
ence being particularly visible in the ground plan of the Refectory
and adjacent apartments. The sides of these tunnels, based, like
some parts of the abbey, on a rock, are of good ashlar work ; but
their semicircular arches are constructed of coursed rubble, and

APPENDIX. 127

recently have required much repair, in consequence of the perco-
lation of moisture and the vibration of large trees above. But
though the construction of the house above the river might
originally be attended with inconvenience, yet the facilities of
drainage, ventilation, and cleanliness, were not the least advan-
tages it acquired ; and there are, consequently, many apertures
and communications from the ground floor to the river, though
their purpose has not been uniform, as I will show when I describe
the localities where they are found.

The character of the abbot's house, like that of the abbey,
has been plain and substantial, depending more on the amount
and combination of the main outlines than on the elaborate
decoration of parts. In amplitude of dimension, indeed, it far
exceeded it ; and at the time of its foundation was probably the
most spacious house in the kingdom, erected irrespective of mili-
tary occupation or defence. To this general immunity from
assault, and freedom from combination with agricultural build-
ings, rather than the restricted capability of its site, may be
attributed that disregard of a concentric or quadrangular arrange-
ment which suggested a ground plan, having more respect to a
Guild or Common-hall, not obnoxious to military assault, than to
the embattled houses in which the feudal contemporaries and
associates of the abbots were compelled to seek defence and secu-
rity, in the turbulence of the times. It may be, therefore, both
from its extent and antiquity, the most interesting example of a
class of houses, hitherto insufficiently recognised in the history
of our domestic architecture, of which, however few exist even
in tolerable perfection, yet many would contribute, by the exca-
vation of their ruins, to the history of architectural and social
progress, as well as to the interest of the conventual structures to
which they have appertained.

The ground plan will explain the arrangement of the house
and its connexion with the abbey better than any verbal descrip-
tion I can adopt ; and I need only add that it must either have
been very commodious, or the domestic economy invariable, for it
seems to have remained unaltered until that era of social change
which heralded the sixteenth century, when one of those archi-
tectural reformers of the house Abbot Darnton or Huby built
a spacious Refectory, and formed several apartments, by divid-
ing the aisles of the great hall, which decreased simplicity of
manners had rendered of unnecessary dimensions.

According to the usual Cistercian arrangement, dictated by
the necessity of easy and immediate communication with the

128 MEMORIALS OF FOUNTAINS ABBEY.

monastery, and enforced, in this instance, by the peculiar con-
traction of the site, the chief, or state approach to the house was
from the east side of the cloister court of the abbey. The inter-
vention of the base court, with its unsightly accompaniments,
demanding the deference of dignity to convenience, the commu-
nication was effected by a corridor, which reeling towards the
south, in consequence of its junction at right angles with the
house, faced a plain but once curiously painted doorway of the
frater-house, instead of that which led to it from the cloister-
court, and occasioned a space between it and the chapter-house,
so slovenly kept that an ash-heap was found there at the time of
the excavation. After entering the house, the passage assumed
a somewhat more spacious character, and, at least on the upper
south and lower north side, was lighted and enriched, like the
corridor, by an open, Early English, trefoil-headed arcade, sup-
ported on double cylindrical shafts, placed one above the other,
on a plain flat base, not coursed, on the south side indeed, hori-
zontally, but with reference to the swift inclination of the floor.
At a, subsequent period, however, doubt has been entertained of
the security of the superstructure ; and, besides the application
of external support, the void space has been tilled at intervals
with masonry, on a plane with the centre of the inner shafts.
This work, of which a tolerably perfect member remains only,
on a kind of level half pace at the north-western extremity, must
have been one of the most remarkable features of the house :
indeed if it was erected, as I presume, by John de Cancia, it
probably was suggested to him by the now unique staircase to
the guest-hall at Canterbury, which, however, it must have far
exceeded, both in length, reduplication of parts, and picturesque
effect, occasioned by irregular insertion of the lights. To the
aged and infirm occupants of the house, this ascent, amounting
in the whole length of the passage to not less than seven feet,
and caused by the elevation of the abbot's residence above the
river, has presented, at least, no annoyance by the intervention
of steps ; for though its pavement has not been discovered, the
substratum, and the base-line of the arcade proved that it had
been only regulated by an inclined plane. Nearly midway the
passage, 'an other branches from it, northward, towards the Lady
Chapel of the Abbey Church, opposite to which an equally capa-
cious doorway opened into a space used at the time of the disso-
lution as a coal yard, but bearing evidence in its alteration and
contraction that it was thus only intended to serve a subsequent
arrangement.

APPENDIX. 129

The hall, or principal room of the house, to which this pas-
sage led, has been, unquestionably, one of the most spacious and
magnificent apartments ever erected in this kingdom ; and admir-
ably adapted for the reception of those distinguished barons and
their hosts of gentilitial retainers, by whom the abbot was con-
tinually visited, and of whose individual presence we have innu-
merable proofs in the charters and account-books of the abbey.
Of this we have triumphant evidence in the fact, that while the
hall in the royal palace at Winchester, which was erected at the
same period, included the space of 111 ft. by 55 ft. 9 in., and
the king likewise directed that the hall in Dublin Castle should
contain 120 ft. in length, and 80 ft. in width, the dimension of
this hitherto long forgotten hall of the Abbot of Fountains
extended to not less than 170 ft. by 70 ft. ; a capacity created,
doubtless, rather in satisfaction of the magnificent mind of the
founder, than respective of the grand scale of the monastery, or
even of the emergency of any purpose to which it could be
applied. But not only in the tedious route or the enjoyment of
the chace there gathered in this princely hall, Percy and Mow-
bray, JNevill and Scroop, Marmion and Fitzhugh, Lacy and
Romille, Markenfield, Norton, Mallory and Mauleverer, and the
bearer of many a noble name still sounding like trumpet music
in the antiquary's ear leaving their noisy followers, when the
bounteous repast was followed by retirement and repose, to select
their beds on the straw-strewn floor ; for when monastic auste-
rity admitted of mirthful relaxation, how often did not its walls
resound with the jocund applause that greeted the feats of mimics
and jesters, or with the strains of the errant minstrel, that never
turned to a monastic home without the assurance of a welcome
and liberal reception.

It is, therefore, especially painful to find that of a structure
that would have been in every respect so deeply interesting,
could we have seen it even in desolation and decay, little more
should now remain than the foundation. The north end of it is
level with the sward ; a great portion of the west side is scarcely
more apparent, and the rest entirely destroyed by the lapse of the
river arch below. On the east and south little more than three
or four courses remain. Nevertheless, as the ground plan may be
easily defined, and important fragments of the superstructure
were found within the area, a tolerably accurate idea of its former
appearance can be obtained. It has occupied the whole width
of the house from north to south, and like the great Norman
halls, was divided by pillars into a nave and side aisles, the latter
J. VOL. II.

130 MEMORIALS OF FOUNTAINS ABBEY.

having circulated round the extremities of the former a peculi-
arity not introduced in the king's hall at Winchester, nor in any
other house of the period that we are acquainted with, though
observable in the eastern and of some conventual churches during
the first stage of the Early English style. Each of these pillars,
of which there were seven on each side, independent of the corner
piers, was a cylinder of thirteen inches in diameter, resting on a
square base two feet high, and, together with the four attached
marble shafts, was banded with the same material in an elegant
manner, to which the rudely foliated capitals of grit stone insuf-
ficiently corresponded. Of the arches, which were no doubt
pointed, few fragments are left, though sufficient to show the
character of the mouldings. The number and position of the
lateral windows cannot, unfortunately, be determined by refer-
ence to these intercolumniations, in consequence of the irregular
abutment of the other apartments ; nor is there sufficient evidence
of their particular form though, from some fragments found
within the area, and in the utter absence of those transomed
lights used in halls during this and part of the succeeding cen-
tury, it is not improbable that they were plain shafted lancets,
similar to those which John de Cancia introduced in the Lady
Chapel of the Abbey Church. At the south end, indeed, we
found the head of one of those double lancets surmounted by a
circular aperture used during the Early English period, but it
has probably occupied an exceptional place, even if it belonged
to this part of the building at all. Of the other parts of the
superstructure there is no trace, unless a few stones bearing
the mask-like ornament have formed part of a cornice under the
parapet.

The chief entrance to the great hall has been torn down to the
ground, but the solitary base of the jamb, on the north side,
shows it to have been flanked by four cylindrical shafts, with
semi-octagonal bases ; so that we may readily judge of its appear-
ance, either from those of the Lady Chapel, or that of the refec-
tory of the abbey. But though this was the chief entrance, it is
a singular feature in the arrangement of the house, that it was
the only one by which access could be immediately had to the
greater number, and perhaps originally, to all the apartments
a provision that may be thought less indicative of defence than
of strict supervision of the inmates, by those who remember how
frequently the ancient satirists allude to the abuse of the back
doors and private posterns of the monasteries. Even the kitchen
had no outer door, though a nagged path has been found leading
across the adjacent bank, from the west, towards it.

APPENDIX. . 131

The nave of the great hall, has, apparently, never been cur-
tailed of its length; but, in the Tudor period, when a changed
condition of society occasioned the erection of a separate refec-
tory, and required the convenience of private apartments, several
rooms were formed in the aisles, as may be, partially, traced by
the foundation of the partitions. Their particular position will
be best ascertained from the plan now exhibited ; but I may
remark that, judging from the superior style and size of the fire-
place in that which occupies the south-east angle, it was probably
used as a parlour by the abbot ; and that the floor of that which
adjoins the staircase was elevated about two feet above the level
of the hall, and partly paved with encaustic tiles ; but was, in
the absence of sufficient direction, destroyed by the workmen, in
their usual anxiety for a uniformity of surface. After the for-
mation of these apartments, it seems, also, they were insufficiently
served by the narrow windows of the hall, from the square heads
of some Tudor lights that were found within. To those at each
angle of the southern extremity a small chamber or closet was
attached outside the wall, which, consequently, has been pierced
for the entrances ; a fact, which leads me to suppose, that they
were used as gard-robes, since there was, apparently, sufficient
space otherwise available within the hall, and an ash-heap or
dunghill was found enclosed behind that on the west side. But
so little, indeed, was this noble apartment appreciated, at the
last, that the two compartments behind the detached fireplace,
on the east side, were found filled with ashes and charred wood,
at the time of the excavation. At the south end, likewise, and
near the corner piers, are some fragments of rude wall that have
been connected with these alterations, though for what particular
purpose cannot now be ascertained : there was found here, too,
a limestone trough, which, I am not prepared to say, has not
been the alms trough, inasmuch as during the confusion conse-
quent on the destruction of the house, it may have been removed
hither from some other portion of the building.

This vast apartment seems only to have been warmed, origi-
nally, by three plain but capacious fireplaces one in the middle
of each end, and another isolated or detached from the wall, near
the passage to the kitchen, hi the apartments formed by its
division, additional fireplaces of different sizes were inserted ;
but, with the exception that has been named, all so rudely, as to
require no further observation than that, in one of those that
have been lined with paving tiles, I found a specimen, with the
pattern of a stag grazing, that has belonged to some elaborate
design of the Perpendicular era.

132 MEMORIALS OF FOUNTAINS ABBEY.

Of what may have been the chimneys of the hall, there has
been found only a large Tudor cap, and some fragments of two
of the Early English period.

The other apartments of the house have been arranged on
each side of the hall. In the eastern aisle, and immediately
opposite the entrance, are a few steps of a staircase six feet seven
inches wide, not spiral but straight in its direction, and probably
a subsidiary work, leading to the abbot's chamber. Immediately
behind it is an apartment on a lower level than the hall, used
perhaps originally as a cellar, but for prudential reasons not yet
cleared out. The next apartment, southward, though separated
by a lobby or ante-room from the hall, was the domestic oratory
or chapel 46 J feet by 23 feet. The foundations of a shallow
buttress, on the south side for the other was encumbered by
the superstructure of the storehouse suggest the idea of two
lights, otherwise proved to have been inserted in pairs ; and the
base of a window that remains fixed, at the north-east corner,
that at least three have occupied the eastern wall. From large
portions of these windows, found among the rubbish, it appears
that this part of the house was the last that was erected, and that
John de Cancia did not probably witness its completion. The
style is not only more fully developed, but the dog-tooth orna-
ment, which never occurs in any of the extensive Early English
buildings of the abbey, has been introduced here. The stone
altar, though it has lost its slab, remains tolerably perfect on a
low platform, that has apparently been paved either with large
tiles, such as may be seen at the south-west corner of the hall,
or slabs of marble ten inches square, alternating, in lozenge form,
with white stones, of which some portions still remain attached
to the wall. On its north side is a narrow staircase, in the thick-
ness of the wall, that has led, probably, to the abbot's chamber,
which may have been placed, and very eligibly, over the store-
houses on the north side. Immediately to the west of this stair-
case door is the base of a work, introduced in the Perpendicular
period, and from its size 9 feet by 2 feet, certainly neither part
of an Easter sepulchre, nor of the analogium. Near it were
found two carved stones, the one representing an heraldic tiger
or griffin, chained the other, a monkey sitting in the hollow of
a cornice. On the opposite side of the chapel a shallow piscina,
cut in a thin slab, was found detached upon the floor, near a
small orifice communicating immediately with the river below.

On the north side of the chapel, but much below its level, is
a picturesque apartment, 58ft. by 28ft., still partially vaulted ;

APPENDIX. 133

nnd which, having been hitherto accessible, from the declivity of
the ground, has often been delineated as a u crypt," though
stoutly asserted by the country people to have been "the place
where the abbot's six milk-white chariot horses were kept."
" Sex equi ad bigam " whatever that vehicle may have been
and "Sex equi ad stabulum domini abbatis" mentioned in an
inventory of the live stock of the house at the time of its disso-
lution, may confirm this singular tradition to the ear; but,
judging from the relative position and general appearance of the
place, I am disposed to believe that it has been one of the domestic
offices, and, particularly, the store-house of the establishment.
It has, originally, had no communication with the house, but
was entered by an independent door from the abbey-green,
though subsequently, a smaller opening was made to a passage
or space, at the east end of the chapel, which may have been
connected with the kitchen and its offices. A portion of the
groined roof of this apartment has fallen within recollection, but
sufficient remains, in a single bay, to show that it was of the
same character as that which John de Cancia adopted in the new
cloister, and the store-house of the abbey, which exhibits the
peculiarity of springing gracefully from the pillars, at a small
elevation from the ground, without the intervention of abacus or
capital. In this place, also, should be noticed two apertures or
sinks, expanding in the south wall to the river tunnel on the
other side ; where, though their outlets are concealed from com-
mon observation, one of them surmounted by a depressed arch
is finished in a manner not unbecoming an Early English
fireplace.

Above this place whatever it may have been were, most
likely, the apartments occupied specially by the abbot ; and
neither in seclusion from the noise and bustle of the house, nor
in variety of prospect down the river dell, or beyond his garden
towards the sunlit cliffs and noble buildings of the church, could
a retirement have been found in such perfect harmony with a
dignified monastic life, nor, let us hope, with the continual sym-
pathies and associations of its occupants.

This range of building has extended so far east as to have
included two other apartments ; but, as their foundations are
barely visible, we cannot satisfactorily conjecture to what use
they have been applied.

In the original plan, a yard about 20ft. wide was introduced
on the south side of the chapel, for the purpose of serving both
it and the great hall with light ; but, at a subsequent period, it

134 MEMORIALS OF FOUNTAINS ABBEY.

was enclosed for the use of the kitchen, as appeared by a large
quantity of bones and ashes found within it. At the east end,
however, a passage was reserved from the kitchen to what may
have been the store-house, and another, which doubtless was
covered, to the hall and a staircase, which has probably led over
some rude rubble work near the chapel door, to the apartments
of the abbot. Of the intent, however, of these and other such
alterations about the house, traceable only by their foundations,
it is now impossible to speak with certainty.

On the south side of this yard, and detached also originally
from the great hall by the intervention of another, was the
kitchen ; an apartment corroborating in its dimension and appli-
ances, the most romantic ideas of monastic hospitality. Indeed,
in both respects, it much exceeded that which served the monas-
tery, and measured not less than 50 by 38 J feet. Like the rest
of the house, it has, unfortunately, been pulled down within a
few courses of the ground ; but from the presence and position
of the buttresses, we may conclude that it has been vaulted, or
more probably, was covered by a pyramidal roof. Neither of
the one nor of the other, however, were any traces found in the
rubbish, nor yet of windows, which, like those of most ancient
kitchens, were doubtless placed at a considerable height in the
wall. At the south side, are the foundations of two great fire-
places and a boiler, in a wall which has divided a narrow " back
kitchen" from the chief apartment; and in the north-east angle
a very singular stone grate in the floor, that has been covered by
wooden doors, and communicated immediately with the river
below. This very singular object, which, being divided by five
mullions and a transom, resembles a prostrate Elizabethan win-
dow, is probably unique. Its use has, of course, been much dis-
puted, but I can only suggest that it has been used as a venti-
lator, to mitigate a temperature which must have been always
sufficiently oppressive, but which, on festive occasions, would
not only be increased by a subsidiary fire and boiler, but also by
two huge ovens, the well-worn floors of which will be observed
at each end of the apartment.

These buildings, with some necessary appurtenances of the
kitchen to the north-east, now irretrievably indefinite, have
occupied the space on the east side of the great hall. The
arrangement, on the west side, has been almost obliterated by
the lapse of the watercourse below. There is to be seen, how-
ever, towards the northern extremity, the foundation of a very
fine room, upwards of 60ft. in length, and 23ft. 9in. in width

APPENDIX. 135

which, from the amplitude of its dimensions and the elevation of
the dais at the west end, has evidently been the refectory. The
few features that remain suggest that it has been erected, in the
Tudor period, on the division of the great hall, and that it may
be the same apartment, which, in a homage done to abbot Huby
in 1501, was styled " Nova camera versus ecclesiam." The dais
at the upper end of the room, has a space 9ft. 3in. for the table,
and another of 2ft. behind it for the bench ; the elevation of each
being about 9in., and ornamented on the face with a row of
quatrefoils, which, having been cut in limestone, has nearly
mouldered away since its exposure. On the south side of the
dais has been a narrow doorway to a space abutting on the river,
which may have been used as a garderobe after the erection of
the refectory, and on the north, a doorway communicating with
an apartment, most likely the buttery, now entirely destroyed.
Some benches still remain attached to each side of the refectory,
and some floor tiles, as will be subsequently mentioned.

On the south side of this room are six square but single aper-
tures, each 2ft. 6in. wide, ranged side by side, along, or rather
within the wall, and communicating perpendicularly with the
river below. As the superstructure is here broken down to the
foundation, we can derive no information from the manner in
which they were connected with it, though they seem to have
been covered with trap-doors, and in one case perhaps, if not in
more, may have been open also to the apartment on the south
side of the refectory. Most persons have at once declared these
apertures, with another on the opposite side, to have been the
orifices of garderobes, but, making every allowance for the sim-
plicity and rudeness of ancient manners, it is utterly incredible
that such conveniences would have been introduced so near, if
not within, one of the chief apartments of the house. Since, how-
ever, two of them only remain open, and the rest have been covered
with the Tudor encaustic tiles of the floor, it is highly probable that
when the watercourse, in which they are inserted, was erected
at the original foundation of the house, this may have been the
use to which they were applied ; but that when the refectory
was erected on their site, those now open were retained for the
discharge of foul water or other refuse matter from the dining-
room and the buttery into the river. Towards the east end of
the room, also, is an orifice in the floor, about a foot square,
which has no doubt served to draw off the water with which the
pavement was cleansed. There are two openings of this kind in
the yard, on the south side of the chapel.

136 MEMORIALS OF FOUNTAINS ABBEY.

The east wall of the refectory has been torn down to the
floor ; but it seems that the fireplace was in the south-east angle,
and at this end also has been the main entrance leading from a
passage parallel with the great hall, which opens into the alley
or cloister between the convent and the house. This passage,
however, was probably formed, on the erection of the refectory,
from one of the apartments that flanked and communicated with
the hall, since it not only contains a fire-hearth, but is paved
with tiles or large tesserae of the Early English period.

From the west side of the passage we descend to a room,
formed perhaps also in the Tudor period, where stood a reservoir
of water, fed from a spring above the kitchen bank, and con-
ducted under the pavement of the hall, by a lead pipe, seamed,
of course, in the old clumsy manner, and still partly visible.

Beyond this was a yard, where the last supply of coal that
the house had needed remained undisturbed under the sward,
until the time of the excavation. When tried in the fire they
proved of excellent quality, and, evidently, not being the pro-
duce of pits they might have sunk in Nidderdale, had very
probably been brought from Relley, 1 in the county of Durham,
a place which had been accustomed by the convent as early, at
least, as the year 1458, and retained an unusual popularity even
within recollection. In the same yard was found a large heap
of ashes, cinders, and charred wood, just as they had been cast
from a window in the enclosure on the east, the sill being worn
down by the frequent attrition of the shovel.

The removal of the mass disclosed what every housekeeper's
experience would have suggested. First, of course, there was a
silver spoon, weighing about an ounce, with a capacious bowl,
slender octagonal stem, and a head similar to an inverted Tudor
bracket. Then broken pottery ware that had disappeared from
the abbot's table, to the large coarse home-made jugs, that after
many "a mere crack," had been broken in the .kitchen ; a small
silver ornament in the shape of a lion's face, apparently detached
from a larger object ; a silver ring ; a broad brass ring ; a copper
can ; a sickle blade ; several Nuremberg tokens ; part of a small
ornament in lead, resembling the tracery of a Tudor window,
and proving the application of architectural forms to domestic
utensils ; a quantity of beef, mutton, pork, and venison bones,
together with those of poultry, herons, and other game ; with
bushels of oyster, mussel, and cockle shells, as fresh and pearly
as when they left abbot Bradley's table. Yet trifling and useless

(1) In exp' carr' ad Bale p. carbon', vijs. viijd. Compotus Burs. Ao. 1458.

APPENDIX. 137

as many of these objects may be, they seemed, as they came from
the hiding-place where forgotten hands had cast them, to connect
the beholder with those whom three centuries had divided from
his personal sympathy and association, more intimately than the
massive walls and imposing works in whose common ruin they
had so long been consigned to oblivion.

At the upper end of this yard other heaps of ashes were
scattered, one, containing an unusual admixture of oyster-shells
having been actually enclosed in a pit in front of a Norman
doorway belonging to one of the offices of the abbey. In another,
opposite, and next to the buttress of the great passage, was found,
with some other scraps of pottery, the greater portion of two
wide-mouthed, brown, earthenware jugs, that might easily have
been considered of modern fabrication ; two small pieces of blue-
and-white delph, one, in the shape of a ring, having been the
handle of a cup or such small vessel ; some fragments of stained
glass of the Early English period, which had been forced with
its leadwork and iron stanchions from a window above ; and,
singularly enough, part of a crab's claw, which it might have
been supposed could not have thus long resisted decomposition in
the humid soil.

There was picked up, also, about this time, though in some
rubbish outside the abbot's house, a fine impression in lead of
the seal of Pope Innocent III., bearing, as usual, the heads of
St. Peter and Paul, with the inscription SPASPE, and on the
reverse, INNOCENTIVS P.P. in. If it had not been affixed to
some bull of indulgence or pardon that the grantee had borne
to a grave that has been ransacked or disturbed, it may, during
the removal of the records at the time of the dissolution, have
fallen from that bull of confirmation of certain possessions granted
by this pontiff to the monastery in the year 1210. The very
singular horse- shoe that I now exhibit was also found outside
the house, near Robin Hood's well. In its unusual form it resembles
those depicted on the floor tiles of the hall, and has been attached
to the foot by at least ten nails, exactly similar to such as are
now in use.

Elsewhere, during the excavation of the house, were found a
brass buckle in the shape of a quatrefoil ; a brass book-clasp ;
part of a large brass cup ; half a cup of brown ware ; a short
earthenware tube ; part of a large glazed jar with an orifice for
a tap ; part of a razor-blade, rather thicker in the back than
we should think convenient; a knife blade; several keys; an
earthenware cover or lid with an ugly face embossed on it ; part

138 MEMOKIALS OF FOUNTAINS ABBEY.

of a quern or hand-mill ; a very clumsy and severe bridle bit ;
a leaden dinner-plate stamped with a horse-shoe; and a few
Lombardy tokens. It may, however, be worth-while" to mention
particularly, that this little vase, which might readily pass for a
much older work was found in the chapel, and that there had
been left in the kitchen the handle of a perforated brass plate
or strainer ; the handle of a brass pan ; a large knife that had
been sharp on both sid^s, but apparently more fit for plashing
hedges than domestic use ; a brass ladle ; and a well-worn glazier's
" hacking-out knife," that no doubt had done its duty when the
house was destroyed. Each of these, like the other objects I
have mentioned, might suggest some remark, but as the greater
portion of them now await your inspection, and the time assigned
to this discourse is now drawing to a close, I need only observe,
that though such as are incapable of understanding the nature and
value of minute and inductive research may deem them unworthy
of observation, they may, in the difficulty of recognising domestic
utensils of such comparatively remote but well-ascertained anti-
quity, suggest useful information as to the condition of our
manufactures three centuries ago, and the nature, tendency, and
degree of the improvement that has since been acquired.

On the north side of the coal-yard, and abutting on the wall,
is an inclosure of rough stones, flagged within and drained to
the river, that appears to have been only the receptacle of a
garderobe attached to one of the apartments that have sur-
mounted the great passage from the abbey to the house. That
an upper story did exist is, indeed, not only evident from part
of a stained window, with its stanchions and jambs, having been
found, as it was thrust out, below, but also from the fact that a
stubborn fragment of the south wall retains the ruins of a fire-
place, at an elevation of twelve feet from the ground. These
apartments were probably approached by the staircase at the
south-west angle of the great alley, and have perhaps commu-
nicated with other rooms which, when the excavation is com-
pleted, may be found on its north side.

The encaustic floor tiles found, on excavating the several
apartments, are numerous and remarkable, and the evidence
obtained on the subject of mediaeval brickwork important and
interesting. The floors of the principal apartments seem to
have been paved either with plain or encaustic tiles, but nearly
the whole of them were torn up and removed before the house
was pulled down, when the specimens that remain had been so
much disturbed, that it is difficult to determine to what parti-

APPENDIX.

cular apartments they had belonged. The presence of a few
geometrical tiles, or rather tesserae, similar to those with which
John de Cancia decorated the abbey church, seems to indicate
that he had also bestowed a pavement of this character on the
hall and other chief apartments of the house ; but none of them
were left in situ, unless part of a plain pavement, in a passage
near the east end of the refectory, may be referred to so early a
period. The rest of the tiles that have been found detached
among the rubbish, are either of the Decorated or Perpendicular
period, of which latter character is a pavement upwards of thirty
feet square at the south end of the great hall. Although no
general device or pattern is attempted in its arrangement,
besides a plain border or bounding course, respective only of
the columns of the building, yet several patterns are introduced
promiscuously, that are very interesting.

One pattern of four tiles displays the arms of the abbey
(azure), three horse-shoes (or), and the very appropriate inscrip-
tion used also by Darnton in the Lady Chapel, BENEDICITB
FONTES DOMINO. Another, and nearly similar, pattern of Tudor
tiles exhibits the same arms, but circumscribed by (SOLI) DEO
GLORIA, a motto always used by abbot Huby, and identified with
him in the abbey in two instances where the shield has displayed
his initials with the mitre and crosier. There is a pattern also
bearing, perhaps heraldically, three feathers without a legend, of
which a much better impression was stolen, soon after its dis-
covery, by some prowling collector, from the centre of the dais
in the refectory. From the inferior manufacture, however, of
the tiles used in the hall, I am inclined to suppose that they were
such only as were rejected in some work which may hereafter be
discovered in the abbey.

On this interesting part of the subject, time will not allow me
to say more than that, on several of the tiles, the device has
been merely stamped or impressed, and consequently not repre-
sented by a different coloured clay. Of this kind were the Tudor
tiles with which the refectory has, apparently, been entirely
paved, and the floor of the great hall repaired. The pattern
a rose, in a lozengy compartment, occurs in tiles of two dif-
ferent sizes, and, in the smaller form, has been also found at
Sawley Abbey in Craven, and in the Solar at Markenfield Hall,
near Ripon ; though it is more than probable, that in one case
the design, and, in the other, the tiles, were supplied from the
kiln at Fountains. I must remark also, that I observed pounded
brick in the mortar used here by the Early English builders,

140 MEMORIALS OF FOUNTAINS ABBEY.

and^thatf I found in the rubbish of a chimney of that date, several
moulded bricks incrusted with soot and charred by fire, of a
shape exactly similar to that found four years ago 'in the wall
of Danebury church in Essex, and supposed, in the seventeenth
number of the " Journal of the Archaeological Institute," where
a sketch of it is given, to be applicable to the formation of a
chimney shaft. Some plain bricks occasionally turned up, in
the Perpendicular work, 13J inches long, 2 inches thick, and
varying from 4 to 5J inches in width. There are also frag-
ments of large square flat roofing tiles, about half an inch thick,
which served, when entire, for covering the inferior offices of the
house, or, when broken, for levelling irregular courses of the
walls. I have not been able to procure a perfect specimen,
though it]is tolerably evident that they were upwards of fifteen
inches square, and were supported, not only by the knob or
projection on the under side, but also by a wooden peg that
passed through a hole on each side of it, and attached it to the
woodwork of the roof. It is unnecessary to inquire how early
these tiles were employed, for I have observed several of pre-
cisely similar form and substance inserted in Norman walls of
the abbey, as early as the time of its foundation.

With a trifling exception, the whole of the abbot's house had
been explored in the spring of 1850. The extraordinary interest
which the discovery had excited, not only among all classes of
visitors that had thronged daily to the spot, but among antiquaries
generally, was, however, now rather raised than abated ; since
it was found, on clearing the west end of the great passage from
the abbey, that it was connected with some buildings of the tran-
sition Norman period, buried in rubbish about seven feet deep.
As these were evidently apartments that had hitherto been want-
ing to complete the plan of the domestic offices of the abbey, it
was determined when the works were resumed in the subsequent
winter, that the whole space between the abbot's house and the
cloister on the west, and the river and the chapter-house on the
north, should be reduced to the proper level. The work had not
proceeded many yards before it was evident that the bank along
the south end of the refectory was but an accumulation of rub-
bish ; and that the river had not only washed its walls, but, when
swollen by floods, had flowed down a tunnel parallel with it, and
constructed under the apartment to prevent inundation. The
intervening pier, or foundation, is an example of a mediaeval
water-wall, worthy of particular observation ; but from motives
of unnecessary caution, the stream was not suffered to regain

APPENDIX. 141

its ancient course, which, in the plan now exhibited, is indicated
by dotted lines, as if in the condition of sand or debris, which it
most probably had assumed before the dissolution of the^house.
On advancing towards the kitchen, the ruin of a rude pier, or
pillar, by the side of the water, and parallel with the east wall of
the refectory, apparently showed that a wooden bridge had
crossed the river here, and that the path had passed along the
east side of the refectory to the kitchen, under a pent-house of
which the corbels that supported the roof still remain in the wall.
After clearing out the foundation of an apartment that had been
vaulted, and subsidiary to the kitchen, probably as a larder or
dairy, we found that the frater-house had been curtailed of thirty
feet at its southern and ruined extremity, by a wall erected by
Mr. Aislabie, and that, therefore, its proper dimensions are 104ft.
by 29ft., instead of those erroneously represented in the modern
plans. From this newly cleared part we found entrance
to another apartment, 59ft. by 18ft., leading eastward, that no
doubt had been the cellar, though there is no trace of the pillars
of the vaulting noted in Burton's plan, and only of openings
northward, that have been walled up. Again, from its east end,
we entered another place, 30ft. by 18ft, that had as certainly
been the brew-house ; for in addition to the evidence of its
position and its two large archways towards the river, there are
not only strong marks of fire against the thick partition wall
between it and the cellar, but in Dr. Burton's plan, taken before
the upper part of it was demolished, a semicircular recess is repre-
sented on this side, such as would have been required for fixing
the boiler. This wall, however, appears only to have been the
work of Huby.

Along the south side of these apartments, the river has been
admitted into a walled course that passed under, and was included
within them, for the purpose of refrigeration, and also served as
a drain for the frater-house, which had an opening into it at the
upper end. The wall towards the river has been partly supported
on arches ; but at some time, and perhaps not long before the
dissolution, the foundation appears to have been so unsettled at
the east end, as to have demanded the closure of two of them,
together with the openings from the brew-house, and the erection
of huge buttresses and piers to resist further dilapidation. The
inner wall, too, was then strengthened.

On removing the earth under the arch at the eastern extremity
of this watercourse, the long protracted expectation of the work-
men for hidden treasure, in any and every shape that the most

142 MEMORIALS OF FOUNTAINS ABBEY.

romantic imagination could devise, was suddenly gratified by the
discovery of a hoard of silver money, consisting of 354 pieces,
generally in excellent preservation, ranging in date from the
reign of Philip and Mary to that of Charles I., a few of the
earlier and well-clipped pieces being Spanish coin. They were
laid, without any apparent envelope, at the depth only of a foot,
and were doubtless committed to this particular place by some
thrifty inhabitant of the adjacent country, who had been slain
suddenly during the great rebellion ; for it was easy to have been
identified, even at night, by any one who shared the secret.

On excavating the north side of the cellar, it was found to
have been, with the intervention perhaps of another yard to
which the windows had originally opened, the boundary of the
base-court, of which the frater-house formed the west, and the
chapter-house the north side. The greatest part of the east side
was occupied by coeval buildings, corresponding in width with
the length of the brew-house ; but, in Huby's time, the two
lower apartments have been converted, longitudinally, into a
double range, of which it is now, in the absence of all particular
evidence, impossible to say more than that the apartments which
looked towards the river were domestic offices ; for the smaller
communicated on one side with the brew-house, and on the
other with an apartment of which the original Norman doorway
opened, eventually, into the abbot's coal -yard. The use of the
three apartments towards the base-court is singularly evident.
They were the prisons of the convent. These favourite localities
of novelists were used for the punishment of such monks as had
been found guilty of felony or other heinous crime, and in this
instance also may have been required by the secular jurisdiction
which the abbot enjoyed within the " Liberty of St. Mary of
Fountains." They were all approached only from the space
or yard on the north side of the cellar, and by the entrance to
the first and largest cell, which having been therefore used,
probably, for the mildest form of punishment, had the conve-
nience of a window ; which, though we found it closed, had
enabled some unfortunate captive, in whom solitude had recalled
reflection, to trace, even perhaps when chained to the iron now
wrenched from below, a Latin inscription, in black letter, not less
than twelve feet long, of which, however, little more can now be
deciphered than the characteristic and pathetic VALE. The other
cells had been intended for the infliction of severer discipline,
from the absence of light, and the presence of a convenience,
which added only to the offensive character of the place. Both

APPENDIX. 143

have traces of iron in the wall, but a formidable staple, in the
floor of the innermost, tells significantly that it was reserved for
the most heinous or incorrigible offenders. More than once I
have perceived evidence of an intention to aggravate the horrors
of mediaeval dungeons, and I was not surprised to find here that
the great drain from the Base Court had been carried under this
place ; though I was, to find the stench so intolerable as to require
quicklime to be thrown into it before it could be cleared out.

After the erection of the abbot's house, the passage to it from
the abbey intervened between this range of buildings and the
chapter-house ; though no doubt, the space had been previously
occupied by a similar communication.

In the northern face of these buildings, a perpendicular groove
has been cut in the outer surface of the wall, sufficient to admit
a pipe of three inches bore that has passed through into the room
with the Norman doorway. If this was intended to convey
water from the roof to a tank or cistern, it may be, perhaps, the
earliest instance of a vertical conductor that has been observed.

The whole of the newly-discovered offices of the abbey are of
the transition Norman period, with the exception of the prisons.
As their elevation seldom exceeds five or six feet, it is of course
impossible to say to what extent they may have been altered or
repaired, particularly in the upper stories ; but from the heads of
windows, and such like fragmentary indications found within, it
appears that considerable changes have occurred in the Tudor
period, and from the presence of stones bearing the well-known
initials M. H., that they were instituted by that indefatigable
builder and able ruler of the house Marmacluke Huby, These
operations, however, with the exception of the prisons and the
abutments against the river, seem to have been required only in
the upper stories, for the use of which he introduced a winding
staircase, near the doorway from the cellar to the brew-house,
and another at the northern extremity of the eastern range adjoin-
ing the abbot's coal-yard.

On examining these offices, it is necessary that a visitor should
be informed that several beautiful fragments of Early English
work dispersed in them, were found among rubbish brought here
from another part of the abbey by Mr. Aislabie ; a circumstance
the more to be regretted, since, on the conclusion of this part of
the excavation, they were mingled with other wrought stones
that had formed part of the superstructure, and in some degree
illustrated it by their position, and were, unwarrantably, used by
the workmen to decorate the walls, after the puerile fashion of a
suburban tea garden.

144 MEMORIALS OF FOUNTAINS ABBEY.

In excavating the offices, few objects of curiosity were dis-
covered, except in the mouth of the drain, near the brew-house,
a piece of brass that seems to have formed part of a machine or
of a philosophical instrument, and in the brew-house a small and
almost flat leaden tunnel, formed by two plates, neatly seamed
on each side. A piece of bell-metal, too, was found in some
earth that had been brought from the great tower, and elsewhere
a floor tile, that had come from the chapter-house, exhibiting a
monstrous animal.

Such then has been, hitherto, the result of a work, of which,
since we are now about to adjourn to the spot, I will say no
more than that, whatever may be the individual appreciation of
the intelligence and attention by which it has been conducted,
there will be but one 'unanimous feeling of gratitude and respect
to the noble owner, excited not merely in admiration of the spirit
that has so disinterestedly and munificently promoted, at once,
the objects of science and popular gratification, but also by the
exhibition of a most stimulative example to the owners of other
monastic ruins, and, more especially, of those noble structures
that are yet suffered to stand, half buried in their rubbish, in this
county. Nor should it now pass unmentioned, that, during the
time of this excavation, there has been retrieved, under his lord-
ship's auspices, from the shapeless mass of rubbish that had,
hitherto, represented the Abbey of Sawley in Craven, nearly the
whole of the plan at an unexpected elevation, enriched with
details of considerable importance. And I must remark, also,
that in no other instance but that of Fountains Abbey, could the
excavation of a monastic ruin, more particularly of the Cistercian
order, have produced the same useful or instructive result.
Founded under the immediate direction of St. Bernard, and
ruled, long after its institution, by men connected or in com-
munication with the parent house, it must, notwithstanding some
slight local peculiarities, be received as the model of a Cistercian
monastery ; though the wealth that the founders had attracted,
during the original disposition of the fabric, enabled them to
indulge in an unusual degree of amplitude and convenience.
This general plan of arrangement has now been tolerably ascer-
tained, so that whatever works may be prosecuted in future will
tend rather to the illustration of this particular institution, or
affect the picturesque or pictorial character of the ruin. Con-
sidering, however, the important position of the house, these no
doubt, will be productive of a welcome " restitution of decayed
intelligence ; " and may, I trust, enable me to address you again,
at some future and not far distant reunion.

APPENDIX. 145

Til. ON THE EXCAVATIONS NOW IN PROGRESS AT FOUNTAINS

ABBEY. A Paper read before the Yorkshire Architectural
Society, at a Meeting held at Skipton-in-Craven, May 31st,
1854 ; in continuation of one read before this Society at
Ripon, June 17th, 1851. By JOHN RICHARD WALBRAN.

In concluding the Paper which I read before you on this
subject, at our meeting at Ripon, I was induced to express a hope
that I might be enabled to offer a continuation of it, " at some
future and not far distant re-union." The importance of the
works that have been prosecuted at Fountains since that period,
will, I think, justify me in endeavouring to give you some report
of them on the present occasion, and more especially since the
excavation of the Conventual Church, which has so long been an
object of speculative interest to the antiquaries and architectural
students of this country, is now realized and completed. The
general result is, that though, as regards the discovery of parti-
cular objects of interest or curiosity, the work has not fulfilled
the anticipations of those who had some reason to entertain them,
yet many facts have been, both directly and inferentially, elicited,
and the general appearance of the building has been developed
and improved to such a high degree, that to any one who has not
visited it, any description would seem exaggerated. The Lady
Chapel, in particular, has acquired such additional grace and
elegance of outline, and amplitude of dimension, that I know no
building of that date that can be said to exceed it.

I will not trouble you with a recital of the information that
was gained by the removal of the rubbish around the south and
eastern sides of the Lady Chapel and contiguous parts of the
passage from the abbot's house to the church, since they have
been already published in my " Guide " to the building. I will
speak now only of the Conventual Church, in which the rubbish
varied in depth from little more than twelve inches, in the middle
of the choir, to about three feet, in the nave. The whole mass
appeared to have been disturbed probably during Mr. Aislabie's
" improvements " in the last century so that, unfortunately,
whatever objects were found detached among it, could not be,
generally, assigned to their original positions. In the excavation
of the abbot's house, it was otherwise; wherever an object had
fallen, there it was found. There needed not, indeed, this intru-
sion to disturb the last vestiges of evidence that might have been
left ; for now it has become evident that the spoliation, after the
dissolution of the house, had been conducted with no ordinary
K. VOL. ii.

146 MEMORIALS OF FOUNTAINS ABBEY.

wantonness and avarice. The stalls, screens, and other fittings
had apparently been used, as was the case at Roche Abbey, to
make fires for melting the lead ; for here and there we found
heaps of ashes nay, in the nave, part of the furnace where the
operation had been conducted. All the glass had been removed
from the windows, so that no more than a handful has been found.
The large slabs had been torn from the graves and removed ;
even the greater portion of the paved tile-floor had been taken
up ; the very graves had been ransacked in search of valuables
or treasure, if we may judge from the condition of such as were
accidentally observed, and the quantity of bones mingled with
the rubbish.

The destruction of the pavement is especially to be regretted ;
not only because it was reasonably expected that a large portion
of it might have been suffered to remain, but because we have
record evidence that it was, originally, of a peculiar character,
now seldom to be observed. It was, throughout the church, the
work of Abbot John de Cancia, in the early part of the thirteenth
century, and of a style usually called Geometrical ; that is to say,
that the pattern or device was not formed, as in after days, by
stamping each tile with a part or the whole of a design, but by
the combination of a number of tiles of several shapes and colours,
as in the altar platform here, which was indeed a portion of this
identical work. I apprehend, however, from some fragments
that were found, that the whole of the work was not of an equally
rich and elaborate character, and that it had undergone extensive
alterations in after days.

The process of excavation was commenced at the south end of
the Lady Chapel. This place was not used for the general ser-
vices of the church ; but was divided, by a high wooden screen
that ran, longitudinally, down the centre, and by others that
w^ere joined to it at one end and the eastern wall at the other,
into nine apartments or chapels, in each of which was an altar,
dedicated to some particular saint, at which daily prayers were
said for the souls of certain persons deceased, who had endowed
a chaplain for that purpose. Of these altars, portions of six have
been discovered ; the rest having, no doubt, been destroyed when
Mr. Aislabie erected the absurd gallery under the great eastern
window. Two of them remain in tolerable perfection ; but in all
the cases, the covering slabs have been removed. The pavement
of the chapel has been utterly destroyed, with the exception of
some plain work near 'the south door, that had been inserted not
long before the Reformation. If a conjecture might be suggested

APPENDIX. 147

by some small fragments of pot-metal glass that were found here,
some or all of the lancet windows might have retained their
original glazing to the last Of the immense quantity of glass
that filled the great eastern window, it is strange to say that not
one particle was observed. As, however, at the time of the
Reformation, even plain glass was so costly, that it was often
fixed in wooden frames, and removed from the windows when
the apartments were not in occupation, and this window had not
then been erected much more than fifty years, it is very probable
that this, and the rest of the glass that was marketable, was at
once removed and sold.

When I found that the pavement of the Lady Chapel had been
thus mercilessly destroyed, and that no sepulchral memorials were
to be found in its chantry chapels, I watched, with some curio-
sity, the removal of the rubbish between the high altar and the
east window ; where I sought, thirteen years ago, for the memo-
rial of Abbot Grower, who I knew was interred in this particular
spot in 1390. The search was at that time unsuccessful ; but I
found, within two feet of the sward, and above the level of tJie old
pavement, the skeleton of a man, who, since his skull was decapi-
tated and placed on his breast, must unquestionably have suffered
a violent death, and have been buried here, after the dissolution
of the house, and the present formation of the rubbish ; and that
the more decidedly, since the body laid north and south, evincing
unchristian burial. Exposure to the air had, however, wrought
its usual effect on this irrevocable mystery, and, with the excep-
tion of some few fragments, no part of the skeleton could be
found.

The choir was, necessarily, the next part that was cleared,
and, singularly enough, developed little or nothing that I had not
previously ascertained. Its main floor, raised two steps above
that of the aisles, had been removed altogether, together with
the sepulchral memorials of those who had been honoured with
interment in this most sacred place. The pillars supporting the
clerestory had, with the exception of some fragmentary remains
of bases, been torn down not only to the ground, but to the very
foundations ; and worse than this, in the havoc that has subse-
quently taken place, no considerable fragments of the super-
structure could be identified. It became evident, however, that
the communication of the south aisle with the' Lady Chapel had
at some time been stopped, and, in the paucity of such conveni-
ence, a wooden screen had been thrown across the dividing arch,
against which an altar had been placed. It had always been

148 MEMORIALS OF FOUNTAINS ABBEY.

sufficiently evident that the screen between the high altar and
the Lady Chapel had agreed, in character and detail, with that
of the arcade, supported by marble shafts, still remaining around
both those portions of the church ; and we now only gained the
additional information that the base had been cleared away, pro-
bably by Mr. Aislabie, who carried portions of the superstructure
to different parts of the building, where they may still be seen.
It was much more difficult to settle the long disputed question as
to the intact condition of the beautiful pavement of the platform
of the high altar On the one hand, it has been declared to
have been merely " made up," and, therefore, valueless as an
example of the general arrangement of pavements of this cha-
racter and rare occurrence ; on the other, respectable traditional
evidence that has been afforded me tends to show that, though it
has been disturbed and repaired, yet both the integrity of' the
design and the old arrangement were strictly preserved ; and in
this opinion I am, for several reasons intelligible only on the
spot, strongly disposed to coincide.

On each side of the high altar there has been a screen similar
to that behind it, and occupying the space of one intercolumnia-
tion ; but there are no traces either of the sedilia, piscina, Easter
sepulchre, aumbries, or any other appurtenances that might have
been enclosed within it ; and so when sculptured stone and marble
have perished for ever, the written record of the despoilers must
alone suggest that, on high days and festivals, this most holy
space was screened, on each side, by rich hangings of tapestry,
and canopied with curtains of " flowered damask ; " while on the
altar itself was displayed such a profusion of jewelled gold and
silver work as will more fitly be alluded to anon.

Immediately in front of tho high altar was interred, in 1315,
Lord Henry Percy, of Alnwick, whose valorous feats against the
Scots during the wars of King Edward I., his large acquisition
of estates, and works of piety, you will find amply detailed in
the Baronage of Dugdale ; but the most diligent search I could
institute discovered neither an indication of his monument nor of
his tomb. And feeling painfully, during the removal, by rude
heedless hands, of the rubbish " that weighed above his gentle
dust," how the mere lapse of time tarnishes and corrodes the
most brilliant acts and adventures into the unsubstantial nature
of " a tale that is told," you may deem that the apostrophe of
Shakespere to his descendant realized itself with an intensity it
has, seldom, exercised among the most admiring audience that
ever listened to its theatrical recital.

APPENDIX.

" Pure thee well, great heart !
Ill-weaved ambition, how much art thou shrunk
"When that this body did contain a spirit,
A kingdom for it was too small a bound ;
But now, two paces of the vilest earth
Is room enough :

Adieu, and take thy praise with thee to heaven!
Thy ignominy sleep with thee within the grave,
But not remember' d in thy epitaph ! "

Equally unsuccessful was the general search for the sepulchral
memorials of those many distinguished persons who, no doubt,
must have been buried in the choir. It remained, therefore, only
to ascertain whether the stone coffin on the north side, generally
called that of Lord Percy, remained or not in its original posi-
tion. When the bones of its tenant had long ago been scattered
to the winds, this object might have been sufficiently absurd, if
it had not proved that, as the coffin stood in its original position
on the floor, it had no doubt been covered with a sculptured
effigy ; and that the cross-legged figure, bearing a shield charged
with a lion rampant, which is remembered traditionally to have
stood against the opposite wall of the aisle, was originally such
a covering. This fine figure, which is now in one of the chapels
of the transept, and is usually said to be that of Roger Lord
Mowbray, who died in 1298, and was buried in the choir of
Fountains, was, whilst standing in its old position against the
wall, wantonly thrown down and broken one Sunday afternoon,
about fifty years ago, by a party of drunken militiamen from
Ripon. It was afterwards placed in the cloisters, and, subse-
quently, where it now remains. From the inconvenience of its
position it is not easy of examination ; but the elegant cast of the
drapery, the rendering of the sinewy robust frame and form of
the grim warrior, and the feeling thrown into the " supplication
of the dying hour," evince that it has been the work of a master-
hand during the best period of English sculpture.

When the work reached the west end of the choir, it was found
that the screen had been torn down to the ground. It had been
of lime-stone, and built, very probably, in the century preceding
the Reformation, and at the same time as the great tower ; but,
even as to its general outline, no definite idea could be formed,
as no fragments were found during the excavation that could be
reasonably supposed to have formed a portion of it. There used
to be a tradition that the screen in Ripon minster was brought
from hence, but this can be demonstrated to be untrue. Such
transfers, however, were not uncommon at the period of the
Reformation. The wooden stalls and appurtenant screens were
removed from Ensby Abbey to Richmond church; and in the

150 MEMORIALS OF FOUNTAINS ABBEY.

church of Aysgarth, in Wensleydale, is still preserved the gor-
geous rood screen that was saved on the destruction of Jervaux.

Within the porch, or central passage of this screen, was re-
discovered that magnificent slab of blue marble, the wanton
disturbance of which by the workmen, in 1840, caused the
cessation of the excavation recommended by me to Mrs. Lawrence,
and approved of. The design has represented, in graven brass,
the figure of a mitred abbot under a canopy, holding his crozier
over his right shoulder, with a circumscription having circular
corner pieces, no doubt for the evangelistic symbols. There is,
of course, now no trace of brass, but the rivets by which the
plates were fixed to the stone still remain, and the channels by
which the solder was cunningly conveyed to them may be
observed. When the slab was disturbed in 1840, the skeleton
below, being that of a man apparently above six feet high, was
found resting on a paved bed. On being again removed, during
the present work, to refit and secure the broken portions, the
bones were found still in a sound condition, and it was then
observed that the grave had been originally filled with sand.

From an entry in the u President Book " of the Abbey, now
in the muniment room at Studley, it appears that this is the
tomb of the abbot, John de Ripon, who died 12th March, 1435,
and is there said to have been buried in the entrance of the choir.
He was one of the most noted and talented men whom the house
produced ; and was deputed, with four other English abbots, to
attend the Council of Constance, where the doctrines of Wickliffe
' and Huss were condemned ; and, also, afterwards, as the repre-
sentative of the English clergy, to the Council of Basle, where,
in the controversy that arose as to the power of a general council
of the Church over the authority of the Pope, he maintained the
cause of the latter.

We now come to the transept. Here I was justified, by the
manuscript to which I have just alluded, in expecting the memo-
rials of several of the abbots that are buried here ; but, with the
exception of two slabs, the floor presented only a hopeless blank.
One of these slabs is placed at the angle of the transept joining
the north aisle of the nave, but it is uninscribed. The other is
at the south end of the transept, not far from the stairs that led
to the vestry. From the broken inscription, however, no further
information can be gained, but that, singularly enough, it records
another " Brother John de Rypon," and that, from the character
of the incised letters, he seems to have been an inmate of the
house after the time of his namesake. The grave had been ran-

APPENDIX. 151

sacked ; the bones being found in a disturbed condition, as was
the case, also, in another walled grave to the north side of it.

On the east side of the transept are four chapels two in each
wing used for purposes which I have previously explained. In
that next to the tower nothing has been found ; indeed, 1 have
been told by an aged man, long since dead, that there had been
a vault below, and that it was filled up to the general level of the
transept, within his recollection. In the next chapel, through
which the former is approached, were disclosed portions of a
stone altar, like those in the Lady Chapel, together with two
small, but interesting, fragments of John de Cancia's geometrical
pavement. The floor under the altar is evidently hollow, and of
course was not disturbed, but, as it was customary, on the dedi-
cation of an altar, to place some relic of a sainted personage
below, it probably has contained nothing but what has, long ago,
been resolved to its mother earth.

Passing now to the southern chapels, there was nothing
observed in that adjacent to the choir, except that the floor had
been renewed not long before the dissolution of the house, with
lozenge-shaped flag stones, similar to those that had been used
on the altar -platform of the abbot's private oratory ; and that
at some time after the Reformation, large quantities of stones had
been hewn and dressed here, as was proved by the large accumu-
lation of fragments and chippings found upon the surface of the
floor. The southernmost chapel was cleared out in 1849, and
shows nothing upon the floor, except a slightly elevated altar-
platform, and some small fragments of geometrical pavement
that adhere to the walls.

Abutting on the western wall of this wing of the transept,
was found the base of a staircase, that formerly led to the vestry
or sacristy. Of the situation of this apartment, which is entirely
inaccessible to any one who has any respect for their comfort or
their bones, you may derive the best idea from the knowledge
that it is immediately above that dark vaulted passage interven-
ing between the south transept and the chapter-house, where
many paving tiles were formerly strewn about, and a place
generally described by the guides as the " bone-house ; " wherein,
as I will mention anon, they spoke more truth than they intended.
On clearing out this apartment, there was nothing remarkable
observed, with the exception of a lavatory in the south wall,
under a well-moulded semicircular arch in fact a sink where
the vessels used in the church were washed ; but in the olden
time, the interest and value of its contents must have been

152 MEMORIALS OF FOUNTAINS ABBEY.

extreme, for here were deposited the most valued treasures with
which four centuries of wealthy patrons and benefactors had
endeavoured to testify the devotion of their faith, and to dignify
the ceremonials of the house. In how triumphant a degree this
intention was consummated, is not, fortunately, a mere exercise
of imagination or of romantic fancy, for there remains still, among
the archives of the monastery, a schedule minutely descriptive of
the nature and value of each article found here at the dissolution,
which leaves little that an educated mind might not deline-
ate in all but visual reality. In the massive oaken presses of a
long, low, narrow, and imperfectly lit apartment, depict, then
after having glanced at the nineteen silver chalices and patens
in use on the several altars at the two great gilt candlesticks,
the silver-gilt basket for incense, the gilt ewer, the parcel gilt
basin, the great silver censors, and other minor paraphernalia of
the high altar ; depict, then, I say, grouped here picturesquely
together, and graven and decorated in all the florid magnificence
of these elder days, the "ymage of o r Lady, silour and gilt,"
which weighed not less than 104 ounces ; the great holy water
vat of 53 ounces, with the "strinkil" by which its contents were
distributed on kneeling reverential crowds ; the silver shrine
which contained "a ribbe of Saynt Lawrance" (whose bones,
you may remember, were said to have been placed in the same
grave with those of the martyr, St. Stephen) ; the great shrine
of silver-gilt that was displayed on Corpus Christi day ; a large
silver image of St. James, who, it otherwise appears, was a
favourite here; another smaller one of our Lady, in a case of
silver-gilt; the silver-gilt head of a cross, decorated with an
image, and no doubt used in processions ; the massy and magni-
ficent crosier carried by the abbot on high days; another of half
its size, for ordinary occasions; the state mitre, too, gilt and
adorned with pearls and jewels, and the smaller one "having the
edges of silver and gilt, and set with round pieces of silver white
like pearl, and flowers of silver and gilt in midward ;" the two
corporas cases of cloth of gold with which the host was covered ;
the piece of St. Anne's scalpe set in silver, which the incredulous
appraisers at the dissolution valued only, by its weight of metal,
at seven shillings and eleven pence ; the silver-gilt cruets ; the
great gilt and jewelled cross of 120 ounces; the three lesser
crosses ; the massy gilt brooch to secure the lord abbot's cope ;
the great silver-gilt paten and chalice ; and pre-eminent in radiant
and dazzling beauty, the cross of solid gold, enriched with jewels
and " part of the holy crosse ; " and the table to be placed " on

APPENDIX. 153

the high altar on principal days, with three images of silver-gilt,
with beads and plates of the same, and some part gold set with
precious stones," which was valued, even in the money of King
Henry VIII., at not less than one hundred pounds.

But there were treasures of another sort deposited here ; and
since Master Brian Higden and Edward Abbot of Rievaux, King
Henry's visitors, once opened, with cunning, calculating eye,
those other chests that never before had undergone such a mer-
cenary inspection, let us, at least, for our present purpose, take
advantage of their information, and learn that they contained
those costly vestments and richly-wrought articles of ecclesiastical
furniture with which an unselfish and faithfully-directed wealth,
or the still more unappreciable worth of woman's piety and devo-
tion to the church, had enriched this favoured community. See
now, then, and associate for ever, in your visions of the occup-
ants of these now bare, ruined walls, wherein the voice of prayer
and praise is for ever silenced, not less than eighty copes, or
richly-decorated garments, without sleeves, and reaching below
the knees, that were worn over all the other robes with which the
celebrating priests were encumbered : of these, six were of cloth
of gold ; twenty-six of white damask ; four of white velvet ; two
of white fustian ; five of embroidered work ; six of " flowryd
wark ; " eight of " dyvers warks ; " one " very well wrought w th
ymages ; " one of green damask, " wrought with ymages;" six
of red silk, wrought with stars of Bethlehem and flowers ; one of
black velvet ; three of black say ; nine of red damask ; and two
of red silk. See too, then, the twenty complete "suits" or sets
of robes, as they were worn, one above another, on festivals.
One first named in the inventory as, doubtless, having been the
most superb of all was of "white Baldkyn" (a material which
took its appellation from Beldocco, an oriental name for Babylon,
whence it originally came, and was the richest of all their mate-
rials for robes ; the web being gold, and the woof silk, with
embroidery. Another suit was of " course cloth of gold." Ten
others " of silk and worstetts, gud and bad ; " another suit of
cloth of gold ; another of red velvet ; another of red silk, with
stars wrought upon it ; another of white velvet ; another of white
damask; another of "reide silk, w 11 sternys upon thame;" and
another of black say. There was then, also, to be viewed and
valued a " cloith of wroght velwett for the crucifix ; " a suit of
tawney silk ; another "of white for Lent;" another "of black
for funerals," and 'after, many other articles of inferior note, a
pillow lor the high altar, of cloth of tissue ; two cushions for the

154 MEMORIALS OF FOUNTAINS ABBEY.

mitres ; four hangings of arras-work, for adorning no doubt-
on festival days, the sides of the space where the high altar stood,
and two hangings to be placed, as a canopy over it, " of flowrid
damask."

But I have been insidiously drawn away from my subject, and
we will now recommence our survey, which ended in the vestry
up stairs at the end of the south transept.

Below the vestry is a long, narrow, vaulted passage, leading
from the cloister court to the burial ground, on the south side of
the choir. The doorways at each end have long been walled up,
so as to form the place into a gloomy apartment, formerly filled
with tesserae and paving tiles. In the course of the excavation,
however, it became necessary to take down the wall which separ-
ated it from the cloister court ; and then, under rubbish that had
fallen from the vaulted roof above, was discovered a mass of
human bones, sufficient, according to a careful computation, to
have formed not less than four hundred skeletons. When they
were torn from faithless graves, or gathered, after barbarous
exposure, by some friendly hands into this common tomb, is now
entirely forgotten. They were removed, on the day when they
were found, to a grave prepared for them, at the west end of the
nave ; and, during the process of removal, I could not refrain,
in most vivid retrospection of the imposing treasures of gold and
silver and jewels that were so long hoarded but a few feet above,
and of the richly decorated robes of state in which many of these
once consecrated bones were invested, from reflecting, with
Jeremy Taylor, that it was " a copy of the greatest change from
rich to naked from ceiled roofs to arched coffins from living
like gods to dying like men ; " and from feeling, in the memor-
able words used by Sir Thomas Browne in his " Hydriotaphia,"
that they were " vain ashes, that, in the oblivion of times, per-
sons, names, and sexes, had formed to themselves a fruitless con-
tinuation, and only arise unto late posterity as emblems of mortal
vanities."

And there and thus, in the rapid state of decomposition in
which this little city of the forgotten was found, must its poor
elements now for ever rest. In an embrace that no mortal hand
may sever, we left the servant free from his master the rich and
the poor changelessly interchanging one common dust. There,
without mass, or orbit, or ceremonial the warlike and the peace-
ful the fortunate and the miserable the forgotten qualities of
age and strength of the proud and of the powerless of the
energy of man and the devotion of woman, were, for the last

APPENDIX. 155

time, dismissed from a scene in which they once moved, as influ-
ential facts and exponents ; there we sowed again the tares, that
shall remain ungathered from the wheat until the morning of
universal doom.

By the excavation of the nave little information was obtained.
In the urgent necessity to obtain space for the chantry _ chapels,
it had been so divided and traversed by massy wooden screens,
as to render the introduction of the larger windows on the south,
and that noble one at the west end, a matter of necessity rather
than of taste. Besides the chapels thus formed in the side aisles,
the main body of the nave was crossed by not less than four
screens, thus affording space for at least eight altars. During
the time when this eastern portion of it was cleared out, nothing
was observed on the surface, except a few stones that had formed
the base of a screen that had been fixed in front of the last bay
of the nave. Some little time, however, afterwards, when the
iron tramway that had been used in the excavation was being
removed, the wheel of a cart that was passing over this part
suddenly sunk a foot or more deep in the earth, and on being
raised, it was found that the slip had been occasioned by the
fracture of a large earthenware vase that was buried immediately
below the surface. As it had evidently been placed there at a
remote period, the soil around was particularly examined, when
it was discovered that, on the east side of the screen, and divided
by the processional pathway, were two spaces of the form of the
Roman letter |_ walled on the sides and flagged at the bottom.
In that on the south side nothing was observed ; but in the other,
a large quantity of charcoal ashes ; and to the astonishment of
all who have seen them, nine vases or jugs of rude earthenware,
each sufficiently capacious to have contained nearly two fluid
gallons, fixed on their sides within the walls of the space, and
also partially filled with charcoal. These ashes may have been
cast here from the adjacent furnace, where the lead stripped from
the house had been evidently melted into a marketable shape at
the time of the dissolution ; but why the vases should have been
introduced is, so far as I can understand, on precedent, a case
unique and unaccountable. Speculation on an object that is
hourly visited has, I doubt, hitherto proved more amusing than
instructive, and I must confess that, after a most minute examin-
ation of this and many other monastic and ecclesiastical struc-
tures, I can only occupy your time with equally baseless con-
jectures.

Besides these vases, and the bases of three altars attached to

156 MEMORIALS OF FOUNTAINS ABBEY.

the pillars, no particular objects of interest were observed in the
nave, except that towards the west end two blocks of limestone,
each two feet three inches square, with a circle incised on the
surface, were found inserted in the floor, which led to a more
particular examination, ending in the discovery of fifty of similar
character, occupyin g the space and arranged in the form expressed
on the plan just published in the last edition of my " Guide."
They marked the positions observed by members of the convent,
before they moved in procession on high days to meet their
patrons or benefactors. On the stone immediately in front of the
great west door, which is larger than the rest, stood the mitred
abbot, clad in his lustrous cope of cloth of gold, and with his
magnificent crosier in his hand. Before him, on each side, with
the space of about three feet between, were ranged twenty-five
of his brethren, each, too, habited in some of the copes, and bear-
ing some of the relics, or shrines, or crosses, or images I have
mentioned ; and, immediately in front, preceding all, was placed
the cross-bearer, who led the long-drawn procession into the
choir. The faces of the stones were, however, so crumbled and
decayed, with the exception of the two which occasioned the dis-
covery of the rest, that the turf has been continued over them, so
that, to an uninformed observer, there remains little trace of an
interesting arrangement of which something similar was to be
seen on the ancient pavement at York Minster before it was
destroyed in the last century.

At the east end of the south aisle, and on the left hand of one
passing from the church to the cloister court, was found, fixed
to the foundation of a screen that had divided this part from the
transept, the moulded base of a stoup or holy water basin of very
good work of the thirteenth century, which will be rendered of
particular interest, if it can be proved as I think it may to
have supported the very beautifully carved marble basin now used
as a font in the adjacent chapel of Aldfield, which is distinctly
remembered to have been brought from Fountains.

Nothing more, I think, now remains to be told of the excava-
tion of the church, except that the great staircase leading from
the south-west end of the nave to the dormitory has also been
opened and cleared out. The side walls were found to have been
broken down, and the steps all but entirely torn away ; yet it is
not uninteresting to gaze musingly on the path by which so many
generations of holy men crept, in the breathless solitude of mid-
night, from their cheerless cells, with aching hearts and shivering
limbs ; while the assurances of that faith, whose rites they were

APPEND II. 157

about to administer, mingled with the relentless peal of the
warning bell, and associated the white habits in which they were
arrayed with 1 those spotless robes in which, having passed through
this " great tribulation," they should at last be invested, and sing
the songs of never-failing praise in the eternal temple of heaven.

After the excavation of the church was completed, the rubbish
that had accumulated at the west end of the nave was removed.
In laying down previously the railroad which traversed this space,
when the works within the building were in progress, some traces
of a foundation wall were observed parallel with, and at a dis-
tance of fifteen feet from, the great entrance; but as they were
thought only to have supported a wooden porch, little further
notice was taken of them at the time. When this space, how-
ever, has now become entirely cleared, it appears that towards the
close of the twelfth century a vestibule or Galilee, co-extensive
with the front of the nave, has been added to it, and also some-
what altered in the succeeding century. In its elevation it has
not apparently risen above the base of the present western window,
and from an examination of the stones found in the rubbish, has
had an open arcade, supported on double shafts, on each side of
the doorway ; but the north and south ends have been only of
plain masonry. It seems, like similar porches elsewhere, to have
been chosen as a place of burial, since there were found within
it six graves, covered with large slabs. Of the four to be seen at
the south end, nothing is to be particularly observed, except the
mode in which the graves are connected ; but in the opposite
extremity is a remarkably fine and perfect slab still fixed by
massy leaden clamps to the coffin which bears the device of a
processional cross of the early part of the thirteenth century.

There was found, also, within this unexpected appendage to
the church, a large image of the Blessed Virgin,

" With her Almighty infant in her arms,"

that had been thrown down from the niche that it occupied above
the great western window, bearing the date of 1494. Both figures
are headless, and there is little in the composition to attract
admiration ; yet these might be, even now, not inaptly restored
to a position, whence, for three centuries, they have been, igno-
miniously deposed, that emblem of the great patroness of the
house, to which generations of faith have directed their eyes with
feelings of piety or veneration.

(1 ) Apocal., ch. vii., v. 13. Part of the preceding reno still remains inscribed oa th Tower
f Fountains.

158 MEMORIALS OF FOUNTAINS ABBEY.

Several well-sculptured architectural fragments, which may
hereafter, when better examined, prove useful in investigating
the history of the building, were also found here ; but it would
be uninteresting now to allude to them ; though I must mention,
that in their company were discovered two of those small per-
forated plates of lead exceeding in elegance of design and intri-
cacy of pattern those discovered at Sawley Abbey which, no
doubt, were inserted in windows for the purpose of ventilation.

The removal of the deep rubbish that has accumulated on the
north side of the nave is now in progress, and will occupy the
rest of the present season. No discoveries of foundations or of
curiosities can reasonably be anticipated ; but, from the increase
of elevation which the long-buried part of the structure will
receive, and the more picturesque points of view in which it will
become generally accessible, if the pathway is directed nearer the
rocks, a very gratifying result will assuredly be obtained.

And now, having exhausted every topic on which I have
endeavoured to instruct or to amuse, it is a pleasing mitigation to
the regret with which I quit my occupation, that I am enabled
to gratify you with the intelligence, that the Earl de Grey has
recently directed that all such statues, sculptures, mouldings,
brackets, capitals, or other ornamental portions of the building as
are suffering decay, shall be carefully cast in plaster ; and that a
copy of each, when the original ought not to be removed, shall be
kept, together with all the curiosities that have been found during
the excavation, in the court room, which is to be fitted up for
their reception. Many objects that are easy of access have been
cast already ; and during the present week, a scaffold has been
erected before the tower, so that authentic copies may be taken
of the statues that decorate the niches on its sides. I had hoped
that I might have exhibited to you, to-day, some sketches of
these objects, but I find that a little time must elapse before this
can be accomplished ; and, therefore, however imperfectly the
pencil mav illustrate the observations which you have heard, I
will substitute these representations of the changed aspect of the
church that have become unattainable, since the avaricious mis-
creants who perpetrated its ruin abandoned to the hands of avarice
and the tooth of time

" Things that were holy, and are holy still."

NOTK. The vases, to which Mr. Walbran alludes on p. 1S5, were for acoustic purposes, as he
himself subsequently discovered.

APPENDIX. 159

VIII. ON THE RECENT EXCAVATIONS AT SAWLEY ABBEY, IN

YORKSHIRE. Read at the Joint Meeting of the Architectural
Societies of Lincolnshire and Yorkshire, held at Thornton
College, Sept. 15th, 1852. By JOHN RICHARD WALBRAN.

The ruins of the Cistercian abbey of Sawley are situated in
the vale of the Ribble, immediately above that point of the river
where it becomes the boundary between the counties of York
and Lancaster.

According to a memorandum in the chartulary of the house,
now preserved among the Harleian MSS. in the British Museum,
this tibbey was founded, in the year 1147, by William de Percy,
Baron of Topcliffe and Spofford ; the establishment of an abbot,
twelve monks and ten lay brethren having been provided from
Newminster in Northumberland, the eldest daughter of the great
monastery of Fountains.

About forty years, however, after the period of the founda-
tion, the institution was in danger of being dissolved. The
monks complained that, through the humidity of the climate,
their corn rotted on the ground ; that they were in want both of
food and clothing ; and, so far as we may infer from the contem-
porary record of their position, that the fabric itself was in dan-
ger of ruin.

The founder was now dead, and his estates vested in his
eldest daughter and heiress, Maud Countess of Warwick. She
was a pious and benevolent woman, and on learning the destitute
condition of the house, and the determination of the abbot of
Clarevall and the visitors of the order that, in default of the
interference of the patroness, the abbey must be destroyed,
she obviated the scandal that awaited her father's inoperative
foundation, by the donation of the church of Tadcaster and
about an hundred acres of land in Catton, where she was born.

The sub-infeudatories of the Percys were inclined, from time
to time, to contribute their acres and oxgangs to the foundation
of their lord : but the attraction of the Lacys and their depend-
ants to Whalley and Kirkstall, and of the Romilles and Alber-
narles to the priory of Bolton, prevented the accession of any
considerable territory, or the diversion of the bounty of the
neighbouring families in this direction.

When the coffers of the religious houses had become swelled
to repletion, in the latter half of the thirteenth century, we find
the convent of Sawley still poor and dissatisfied. They com-
plained that the surrounding country was very mountainous and

160 MEMORIALS OF FOUNTAINS ABBEY.

woody, attracting the vapours of the Irish Sea ; their crops of
grain were uncertain; the concourse of people that passed on
that public way and claimed their hospitality was insupportable ;
and that among other misfortunes they had been exposed to the
ravages of the Scottish army, who, in one of their forays, had
plundered them of their personal property, and burned some of
their buildings. Indeed, they were reduced to such exile cir-
cumstances that king Edward the First prayed the pope to con-
firm to them the appropriation of the rectory of Gargrave ; most
likely at the request of their neighbour, Thomas Earl of Lan-
caster, who also wrote to the pontiff on the same subject.

After this period, the absence of intestine commotion may,
under the exercise of energy and prudence, have retrieved the
position of the house. I have seen, however, no record that
enables me to speak of it with certainty, until the year 1381,
when a very interesting and synoptical glance is afforded by a
compotus or household book of the abbey, preserved among the
Assheton MSS. at Whalley. From this valuable record it ap-
pears that the revenue of the convent amounted to about 3771.
of the money of that day ; that the establishment consisted of at
least seventy persons, of whom thirty were professed, the rest
being employed in the house or on the land ; and that their hos-
pitality arid domestic economy were conducted on such a scale
as to require, in one significant article of consumption, the pro-
vision of 253 quarters of malted oats, and 164 quarters of barley.
The most suggestive entries have been quoted by Dr. Whitaker
in his " History of Craven," and afford materials for a graphic
picture of a monastic household.

From this period I am unable to illustrate the condition of
the house, until the time of Henry VIII. , when the abbot,
William Traffbrd, having taken part in " the Pilgrimage of
Grace," was hanged at Lancaster, 10th March, 1536-7. As the
law then stood, or rather was interpreted, the attainder of an
abbot involved the institution over which he presided, and the
abbey of Sawley was consequently forfeited and dissolved.

The site of the house, together with the greater portion of
the lands, was granted, in the next year, to Sir Arthur Darcy.
He was one of those creatures that pandered to the passions of
that detestable monster who then occupied the throne, and was
thus rewarded with estates, which, under proper direction, would
have obviated, ere now, an incalculable amount of spiritual
destitution. There is a curious record of his obsequious officious-
ness, in a letter, addressed by him to Cromwell, about the time

APPENDIX. 161

when he obtained Sawley, now preserved among the Cotton
M!SS. in the British Museum. From one passage it will be
remarked that even his associates were not quite assured of his
integrity. "Yt schall lyke your honourabyll lordschypp to be
advertyssed," says he, " that I was with my lord-lewtenant at

the suppressyon of Gervayes From Gervayes I

went to Sallay, wher I inqueryd owt a chalyce thatt was brybbed
ffrome the kyng affor the suppressyon off the howes, and allso I
have ffownd a booke of dettes belongyng to the howes, and there
is a bark howes stoord with leddyr. I require your lordschypp
to send to me your pleasure whatt I schall doo therin.

" My lord, I bessyche you be good lord to me : yt is schewed
to me that the kynge's hyenes wolld ageyn survey my landes,
and fferther Mr. Chanssler dyd send to me thatt ytt was thoght
thatt I had dysseyvyd the kyng. My lord, ye know thatt I
myght have hadd Seynt Lenarde's, whiche is better by iij c markes
then my landes in the ffyrst survey. I dyd reffuse thatt ; and
on my ffaythe, I never knew whatt Salley was, tyll yt was
grauntyd. M. Fermer and M. Montagew wolld have gyffyn syx
c markes yerly for Greness Norton ; and in consyderacyon theroff,
and with my wyfte in maryage, the kynge's hyenes gave me my
landes unsurveyd. Yff ytt be the kynge's pleasure to have my
rentalles, uppon my lyff I schall not lye, butt bryng them my
sellfe, and hys grace schall have all thynges att hys conscyence
and pleasure, as knowythe God, who ever preserve yow with
myche honorr."

From Darcy's representatives, the manor and estate of Sawley
passed to the notorious James Hay Earl of Carlisle, whoso grand-
daughter, Margaret Countess of Warwick, was in possession in
the year 1662. About an hundred years ago, it came into the
hands of the Weddells of Earswick ; and was bequeathed by the
late William Weddell, Esq., to the present -worthy owner, the
liight Hon. the Earl de Grey, who, it is to be remarked, has had
the felicity of possessing also the abbey of Fountains and that of
St. Mary's at York ; the only three monastic structures in York-
shire, with the exception of Jervaux, whose ruins have been
properly excavated.

The site of the abbey is on the eastern side of the river Ribble,
and at the foot of the slope that rises swiftly to form the eastern
flank of that picturesque vale. From an elevation above the
park, the eye may range over a noble panorama, in which are
included the old forest of Bolland, on the one hand, and the less
rugged demesne of Gisburn on the other, or trace the devious
L. VOL. II.

162 MEMORIALS OF FOUNTAINS ABBEY.

wandering of the silver stream, from the lovely and romantic
seclusion of Bolton, until it guides us to the majestic ridge of
Pendle, the scenes and associations of Whalley and Stonyhurst,
and its ultimate destination in the Irish Sea.

Before the dissolution, the abbey had been surrounded by a
close, or, as it is now called, a park, of about fifty acres, entered
by two gates, traditionally remembered by the names of "North
Port " and " South Port." This close has recently been cleared
of the hovels and straggling fences with which it has been long
encumbered, and restored to something like its original aspect
and dignity. Very few traces of the old wall, however, now
remain, and in another generation, it may be forgot that it has
comprehended that part of the village immediately to the west
and south of the ruin, and that the highway, which now intrudes,
with so obviously unmonastic a tendency, on the necessary seclu-
sion of the house, originally ran by the west side of the mill
stream, and communicated more immediately with the bridge
than the present road.

The village of Sawley has, probably, risen since the dis-
solution, and in consequence of the multiplied tenancies of
the abbey estate. In the erection of the necessary farmholds, it is
obvious that recourse was first had to the materials of the hal-
lowed pile, and more especially since it had fallen into the hands
of one who could neither view it with the eye of admiration, nor
remember it with sympathy and regret.

The absence of generations of subsequent proprietors, and the
apathy, or incapacity, of those to whom the supervision of the
estate had been entrusted, had again, in the course of three cen-
turies, nearly levelled these humbler erections with the ruin
whence they were derived, and had abandoned what the fury of
the fanatic or the necessities of the sordid had once left, with
satiety, to unheeded pillage and decay ; so that huge mounds of
rubbish and a few melancholy fragments of ragged grout-work
alone proclaimed the site where holiest and noblest hearts had
hoped to gain an untroubled grave, and an institution of Christi-
anity and civiliszation had diffused blessings blessings we can
now scarcely estimate to a rude and insubordinate population.

It has been reserved, for the present noble and worthy pro-
prietor of Sawley, to witness an acute and intelligent mind,
directing a liberal and comprehensive system of improvement,
raise this long-neglected, but highly-favoured, portion of his
estates to the character and position it has long demanded and
deserved. A long absent native of the place might, indeed,

APPENDIX. 163

doubt the fact of its identity, either from the substitution of new
features, or the revelation of those which for centuries have been
concealed, until convinced by the majestic and imperishable
features of nature around. The rude buildings which time had
even failed to invest with the picturesque character of decay,
were removed or supplanted by more commodious arrangements ;
minute and irregular divisions of land were suppressed ; the park
was divested of its encumbrances ; and, from a shapeless mass of
rubbish, the outline of a structure has been disclosed, which,
though, of course, inferior, by far, to the kindred piles of Foun-
tains and Kirkstall, is suggestive of many highly interesting
considerations, and reduces to circumstance and certainty, specu-
lations with which the musing mind had invested forms, of which
it might justly deem that every trace and vestige has passed
away, " as it were a tale that is told."

Unlike many other houses that will at once occur to your
recollection, where a spacious or elaborate structure records, in
obvious terms, the progressive affluence of the institution, the
buildings at Sawley speak rather of hope deferred than of pos-
session, and more particularly represent the original impulse and
intent of the founder, than the energy, the intelligence, or the
progressive science of those into whose hands it was subsequently
entrusted. A memorandum, in the chartulary of the abbey,
records that the first brethren went forth " ad construendum
Abbatiam de Salleia, petente et prseparante eis locum nobili viro
Willelmo de Percy ;" but the definite and uncalled-for terms,
" quam ego ipse construxi," which Percy uses in his charter of
foundation, leave little credit to be claimed, in this respect, by
men who were doubtless more intent on the mortification of the
tabernacle of the flesh than on the dignity or character of the
the place, where this trial was to be fulfilled. Of this original
structure, whenever, or by whomsoever prepared, little has been,
apparently, left, save the shell of the conventual church. The
domestic buildings, indeed, were then probably raised as, I
apprehend, was frequently the case of temporary materials ;
and as we know that during more than forty years no oppor-
tunity was afforded for their improvement, their condition may
have more particularly excited that regret which the good
Countess of Warwick expressed in her charter of re-foundation :
" turn super praedictae abbatiae destructione, turn super pr*dicti
conventus miseria, et tarn victus quam vestitus inopia intolerabili."'

The material of which the chief part of the existing work,
with the exception of the door and window casings, has been

1 64 MEMORIALS OF FOUNTAINS ABBEY.

built, is the black argillaceous shale of the country, walled in
such laminar and random courses as are more frequently found
in the military than the monastic structures of the period. This
stone, which appears to have been brought from a quarry above
the park, was, however, felt to be unserviceable, as well as
unsightly ; but the change to boulder stones, gathered from
essarted land, was one only for durability ; and it was not until
the Perpendicular period that ashlar masonry seems to have
been adopted.

The chief object of interest is the conventual church, of
which I think it may not unreasonably be assumed, both that it
was never completed according to the original design, and, most
assuredly, that the dissolution of the house arrested the extensive
additions that were about to be thus tardily and perhaps not
very elegantly supplied. The condition in which the work has
been arrested has given the very ruin a most singular, and, at
first view, perplexing aspect, of which I do not remember a
similar instance. The original plan, which remains entire amid
the projected and incomplete additions, has been unworthy how-
ever claimed by the asceticism of its occupants of the wealth,
the piety, and the liberality of the Percys. It was, of course,
in the form of a cross, but with this peculiarity, that the length
of the transept exceeded that of the nave and choir united by
not less than twelve feet. The choir, according to the plan
observed at this period in the disposition of conventual churches,
contributed, externally, only in a subordinate proportion to this
space ; but it was, surely, neither the design of the architect,
nor the willing acquiescence of the convent, which left the nave
a mere excrescence on the transept of the length of thirty-nine
feet. Both nave and choir having been devoid of side aisles, the
transept, by its ample length and corresponding expansion of
six eastern chapels, has assumed the appearance of the principal
part of the church ; and the friends and dependants of the
Percys must have witnessed, with mortification, how much more
consistently developed was that noble structure which was begun
by the Lacys at Kirkstall, or even the less ostentatious house
which the disconsolate Lady of Skipton was preparing for the
canons at Bolton.

But from whatever cause the plan may have been curtailed,
the contraction of the church, in this particular, has both robbed
the more than usual expanse of the cloister court of its most
effective accompaniment, and has referred the position of some
of the domestic buildings to sites not usually acknowledged in
the Cistercian arrangement.

APPENDIX. 165

The nave of the church has not merely been contracted in its
dimensions, but pervaded, frequently, by an oppressive gloom ;
for though its walls now rise superior to any other portion of the
abbey and to the altitude of about twenty-five feet, yet there is no
definite appearance of windows, though there may have been two
on each side ; and the only other light which it could have
derived must have been from that which has occupied the ragged
fissure in the midst of the western wall. Below this aperture
h-ts been the chief doorway ; but, as the walls have been indus-
triously pillaged of every fragment of wrought stone, there is
nothing left to indicate the form or span of the arch, nor the
mouldings with which it was decorated. However the contrac-
tion of spnce, in this part of the church, may have been felt in
the processional exhibitions of the convent, it is certain that the
absence of aisles, for the purpose of private chapels, had become
inconvenient ; for outside the northern wall of the nave, and at
a distance of twenty-nine feet, is a foundation, ranging with, and
prolonged much further than, its length ; all doubt of its appro-
priation, which might have been raised by the apparent absence
of a western wall, being settled by the presence of a piscina of the
Decorated period, inserted in the previously external wall of the
nave. This accomodution was gained, like the previous works of
the house, by the smallest possible outlay of labour. There was no
communication formed, either by an open arcade or otherwise,
with the nave, nor even, after the usual fashion, with the transept.
Instead of this, however, an archway or aperture has been formed
at the east end of the chapel, which would admit of light, but
not of transit; and, in the excess of parsimony, the altar has
been formed out of the very wall through which the opening
around has been obtained. The soffits and jambs of this arch
have been torn away ; but what I have called an altar is not a
mere mass of masonry that has resisted a violent or mischievous
breach of the wall, is proved from the evenness of its eastern
surface, and the regularity of its form. The appurtenant piscina,
which is distant about eighteen feet, is but a plain, wide, trifoli-
ated recess, with three round and shallow basins, that seem to
have communicated with a small walled cistern, of which some
remains were traced below the floor.

The foundation of a wall, joined with, and bonded into, the
south-western angle of the nave, and running directly west for
the space at least of ninety feet, raises the presumption, that the
contraction of the nave was not at least voluntary ; and as the
thickness of the wall is not much less than five feet, and, conse-

166 MEMORIALS OF FOUNTAINS ABBEY.

quently, unnecessary for a mere boundary or screen-wall for the
cloister court, that this indicates the amount of the intended
extension, though its intimate connexion with the old work, and
and the absence of a corresponding wall, or even foundation, on
the north side, renders it difficult to decide whether this prepar-
ation had been stayed by the parsimony of the founder, or a
change had been determined at the same time as the reformation
of the choir, immediately before the suppression. That the work
was never perfected, is evident from the existence of the west
wall of the original nave.

The transept is spacious and well proportioned ; and, in its
length of 122 ft., and breadth of 30 ft., announces the design of
a church rivalling even that of Fountains, where the transept is
only 7 ft. longer. The whole of its area has been reclaimed by
the recent excavation ; and, though the walls do not exceed the
height of 12 ft., it lemains in a better state of preservation than
any other portion of the abbey. The eastern side is flanked, on
each side of the choir, by three chapels, divided by solid walls,
according to the Norman plan of annexation still remaining, in
much more perfect condition, at Kirkstall. The number and
position of the windows in the body of the transept are uncertain ;
but with reference to the chapels, there is reason to believe that
each one has had two lights in the east end, though the divisional
wall has not in any instance been retained. The two outer
chapels, at each end, still retain very interesting remains of their
altars and other appurtenances, but as those adjoining the choir
are entirely void, it appears evident that they had been cleared,
with an intention of opening them to the aisles of that new
structure. Neither the platforms of the altars, which occupy
about half the floor of each chapel, nor the altars themselves
remain, in any instance, entire ; for the wrought stone of the
one, and the slabs of the other, would be among the most useful
articles of plunder : yet the two altars in the north chapel are
worthy of observation, since each is removed a little from the
eastern wall, and contains, on that side, a square recess or locker,
suitable for the deposit of relics or the sacred utensils.

The floor of the southernmost chapel has been, originally,
formed of plain square tiles, each row being divided, diagonally >
by a narrow border, with corner pieces, but it has been,
apparently, renewed, considerably, in the Perpendicular period,
and also disturbed by the insertion of a large slab of freestone,
rendered remarkable not only by the sculpture of two foliated
crosses, of similar design and dimension, but by its diagonal

APPENDIX. 167

inclination towards the north of not less than twelve inches.
That this unusual, though not unique, design has not emanated
from the fancy of the sculptor is evident, for the removal of the
stone disclosed two perfect skeletons, reposed, not in separate
coffins, but, side by side, in one undivided grave. These may
be remains of those who were connected with the patronage of
the chantry, or, certainly, of those whose worldly position has
been honourable ; but nothing was found to denote the precise
period of their decease, or their profession in life ; even the sex
of each was undetermined. Whether, therefore, it is the
sepulchre of those who had enjoyed an unusual share of reci-
procal affection, or for whom community in some fatal accident
or remarkable undertaking had suggested, to survivors, a com-
mixture of their dust, must rest among the things that are
forgotten ; nor may the induction of the head dispel the dream
of the heart, that u they were lovely and pleasant in their lives,
and in death were not divided."

To the south-west of this stone, but in the body of the
transept, is another large slab of freestone, covering the remains
of William de Rimington, once prior of the abbey, and chan-
cellor of the University of Oxford. The black letter circum-
scription that has retained this record, encloses a foliated cross,
well executed in bas-relief. The prior, in whom, I think, I
recognise the author of several tracts against the Wickliffites,
which bear his name, and are to be seen among Bodley's MSS.,
in the Bodleian Library, had, no doubt, sprung from the adjacent
village of Rimington, and received the rudiments of his educa-
tion at Sawley, before he went to the university, over which he
presided in 1372. When the stone was adjusted and repaired,
his skeleton was found perfect below ; and it appeared that,
whatever might have been the vigour of his intellect, he, like
many other dignified ecclesiastics of old, whose remains have
been observed, had been endowed with a tall and athletic frame.

There is no appearance of any interment in the adjoining
chapel ; and the perfect condition of the pavement leads to the
conclusion that these chapels had not been vaulted with stone,
but merely covered with a wooden roof, which would be removed
without injury to objects below. This floor is, indeed, a very
fine example, both as to style and mode of insertion, of the
geometrical polychromatic pavements of the thirteenth century.
The principal design is circular, and formed by a row of etoiles
placed between two rows of lozenges, and bounded by plain
concentric borders, the centre being a flower of many petals,
resembling a marigold.

MEMORIALS OF FOUNTAINS ABBEY.

The middle chapel in the north cross has a pavement of
similar design (represented in the annexed sketch), but inserted
in a different fashion in the floor. It is a singular circumstance,
tiiat these pavements resemble so minutely one which was found
in 1760, on the site of the Abbey of Melsa, that a delineation
of the one would convey a definite idea of the other. Indeed,
as both these houses were of the Cistercian order, it is not
improbable that both pavements had been copied from the very
same design.

The pavement of the northernmost chapel is of the same
character as that at the end of the south cross. It has been,
perhaps, first disturbed for the formation of a grave, and the
insertion of a sepulchral slab of mountain limestone, which still
remains in the centre. A large plate, on which has been graven
the robed figure of a priest, has been torn from its matrix ; but
as the circumscription has been committed to a material that
could tempt no such despicable pillage, we can, fortunately,
learn that it commemorates Sir Robert de Clyderow, Rector of
Wigan, in Lancashire, and one of the forgotton " Worthies of
Yorkshire." This was that bold man, who, when Thomas Earl
of Lancaster, in his contention with King Edward II, in 1321,
sent into Lancashire for additional assistance, commissioned his
son, Adam de Clitherow, and John, son of John de Knolle, to
repair immediately to him, with horse and arms, and four other
men an offence for which, two years after the Earl was executed,
he was brought to trial, charged also with the further crimes of
preaching sedition in the parish church of Wigan, and offering
absolution to all such as might be disposed to join the standard
of the Barons. Though he was found guilty, and condemned
for execution, yet, by a timely and judicious application of his
purse, his life was spared ; when, as this stone would tell, he
either, from necessity, retired to this monastic seclusion, or, at
the close of his career, preferred to seek a sepulchre within its
walls, rather than amid the scenes of his turbulent ministration.

The inscription on the stone is graven in the Lombardic
character, and was, in usual form, as follows :

" %4 SIRE ROBERT DE CLYDERHOW PERSONA DE
WYGAN GIST YCY DIEU DE SA ALME EYT VER-
RAY MERCY."

A space, equal in width with this chapel, and projecting from
it into the transept, has been, probably, an extension of the

APPENDIX. 169

confined proportions of the chantry, formed by the erection of a
wooden lattice. All definite trace of such an arrangement is,
however, now destroyed, and its existence is suggested by the
area of the floor being sunk three or four inches below the
general level of the transept. The time and occasion of this
presumed change is, probably, best indicated by the presence of
a noble sepulchral slab, of the fourteenth century ? which covers
a grave in the middle of the depressed space. It has, unfortun-
ately, never been inscribed, but is a singular, and perhaps unique,
specimen of this class of memorials ; inasmuch as, besides the
sculpture of a finely foliated cross and a sword, it bears, on the
other and south side of the shaft, the incised form of an object,
to which no name or use has been, satisfactorily, assigned, unless
a sling for casting stones was thus intended to be represented.

Another sepulchral slab, of smaller dimensions, forms part of
the step of the doorway in the south wall of the transept. It
has been placed there, most likely, within the century preceding
the Reformation, when many such objects were used in the
repairs of ecclesiastical buildings, though with what pretension
to Christian feeling is difficult to understand, unless casuistical
avarice had suggested that the appropriation of personal memo-
rials to the service of the church was to be deemed venial or
commendable. The design represents the head of a cross,
formed in the plain, unfoliated, Maltese fashion, the bar and
stem being represented by a tremendous sword a mere fanciful
variation, it may be, from the conventional form, but in its high
antiquity, and most appropriate display of badge and weapon,
awaking the idea that it may have covered the bones of a
crusader.

Beside the doorway, to the north, which has been renewed in
the Early English period, there has been a communication from
the transept with the cloister court, by a plain and lofty arch,
still partly remaining. There is also a doorway in the southern
wall, with an adjacent opening for a staircase to the gable, and a
long flight of rude stone steps in the south west angle, leading
to apartments that have surmounted the chapter house. At the
time of the excavation there were visible also, in the adjacent
termination of the wall of the nave, traces of steps that had led
to the rood loft, which appears, from marks of insertion of the
timbers, to have been placed here before the extension of the
choir.

In clearing the floor of the transept a lead pipe was found to
have been left along the greater part of its length ; its entire

170 MEMORIALS OF FOUNTAINS ABBEY.

course could not be traced, but no doubt it had supplied a
lavatory.

There are no very evident or conclusive traces of a tower at
the intersection of the transept, though it may be presumed that
one of a slight elevation has existed. The choir, however, was
doubtless continued through this portion of the church, and
though inconvenience might arise by the absence of immediate
communication between the north and south cross, and an entire
division between those parts and the nave that it was prolonged
to the confines of the latter.

The walls of the original Norman choir, which still retain
their original length and about nine feet of their elevation, dis-
close, in that space, no trace of windows, and the only light by
which its gloom could be made visible may have come (as at
Kirkstall, where the choir has had, before the Perpendicular
period, the same character and appearance) through, perhaps,
three narrow loop holes in the east wall, of which the ground-
work below the floor only remains. But the monks of Sawley
bore this inconvenience less patiently than their brethren on the
Aire, and in that period of unusual architectural activity that
" Cantio Cygni," that occurred before the Reformation, under-
took the erection of a new choir, in a style more suitable to the
condition of the house. As this work is now nearly torn down
to the foundation, we can only infer the fact of its completion
from the existence of a few plain paving tiles in the north aisle,
some fragments of plaster on the wall hard by, part of the floor
of the high altar, and the discovery, upon and around it, of a
large quantity of stained glass of the Perpendicular period : the
anomalous presence of the lower part of the lateral walls of the
old choir being, perhaps, retained until the erection of a then
fashionable lofty central tower : more particularly, as, in the
erection of the rood screen, the piers of the old arch above have
not been sufficiently respected. The internal length of the new
choir, from the outer face of the screen to the eastern extremity,
is 118 feet ; the width 63 feet, the side walls joining the transept
so as to include the width of one of its chapels, on each side of
the original choir. When the exterior walls of the old building,
which governed the width of the main aisle of the new work,
should have been removed, it appears that another intercolum-
niation was to have been added to the four which had been
formed on each side ; a number, however, which has only been
inferred from the discovery of the bases of the pillars below the
floor, for the whole of the superstructure has been entirely swept

APPENDIX. 171

away, with the solitary exception of part of the base of the
eastern pier, on the north side. Two courses of the pillar have,
however, been left ; the rest that now appear here having been
collected from cottages in the village, or the adjacent farmholds,
where one had served as a cheese press, and others had been
scooped for hogs' troughs. After the erection of the new choir,
the space which the old one had borrowed from the transept was
thrown open, and a stone screen placed at the western extremity.
As little more than the foundation of this work now remains, it
can only be inferred that there had been a cell or closet within
its substance on the south, and that a circular staircase was
carried up on the opposite side. No part of the front, which has
been violently detached, was discovered near the site ; but I am
convinced that several canopies and fragments of ornamental
work of suitable size and character, which were found in the
cloister court, near the chapter house, have formed a portion of
the screen.

It is grievous to reflect, while viewing this scene of sacrilege and
desolation, that, though several unexpected portions and features of
the structure have been disclosed, no trace has been observed
of those sepulchral memorials of the Percys that might have been
reasonably anticipated. a Neither stone nor brass now remains
to tell where they lie, and nothing is left to protect their remains
but the rubbish which an undistinguishing Reformation has
heaped upon their heads." Records disagree as to the burial
place of the founder, who died at Mountjoy, on a pilgrimage to
Jerusalem. The chartulary of Fountains, and a MS. in St.
Mary's tower, at York, transcribed by Dodsworth, state that he
was buried at Whitby ; but Dr. Whitaker quotes a MS., in the
More collection, which says that he was interred at Sawley. It
is, however, certain that the founder's great grandson, Lord
William de Percy, who died in 1244, was buried here, and that
his son, Lord Henry de Percy, who sided actively with king
Henry III. during the baronial war, rests in an adjoining grave.
Since these interments were made before the enlargement of the
choir, it is probable that the graves are either within the original
portion of it, or in the chapter house ; yet, after the most dili-
gent investigation, no particular spot can be invested with the
interest of entombing these long departed chiefs of an illustrious
and time honoured race.

At the south end of the transept, and divided from it by a
narrow apartment which may have been a vestry, is the chapter
house, of which it can only be ascertained that it has been a plain

172 MEMORIALS OF FOUNTAINS ABBEY.

rectangular, unaisled room, 47ft. long, by 28ft. lOin. wide ; and
judging from the bases of the doorway shafts, built during the
Early English period. The stone benches remain tolerably per-
fect, and of equal elevation with the walls to which they are
attached, but the pavement has been removed; and, except a
plain stone, bearing a foliated cross and a pair of shears, in the
south-west angle, no traces have been found of the sepulchral
memorials of the abbots, or of those persons of distinction whose
graves ten at least in number are known to remain below.

On the south side of the chapter house are two apartments
extending in the same direction, but of which the former use is
not satisfactorily ascertained. The one which adjoins the chapter
house, and has apparently been entered from it, is 28ft. Gin.
long by 15ft. 8in. wide. The next is only 10ft. 5in. wide, and
communicates with the other room at the south-west corner.

The entrance of a passage, which runs parallel with the south
wall of the last-mentioned apartment, has completed the eastern
side of the cloister court, and led from thence to the eastern
garth. But the range of buildings has been continued south-
ward, and contained on the basement floor one spacious apart-
ment 80ft. in length and 23ft. in width. This, or the story
above it, has, no doubt, been the frater house or common refec-
tory ; but to whatever purpose it was originally appropriated it
has been subsequently discontinued, for the remains of a partition
wall divide it longitudinally, and other traces of minor divisions
are apparent. It communicates, on the west, with an apartment
destroyed to the foundation, that may have been the buttery, and
on the east with ruined fragments that may now represent the
minor offices of the house.

One feature in this part deserves particular notice, more
indeed for the satisfaction of the curiosity which may be excited
by its appearance on the plan than for any other reason. It is
part of a conduit or drain 58ft. long and 3ft. wide, and, enclosed,
east of the frater house, under which it runs, between two mas-
sive walls 12ft. high. Both the bottom and the sides, for the
height of about two feet, are lined with stone of much closer
grain than the shale of the superstructure ; but this precaution
has failed to preserve the foundation of the southern wall, which
has declined so far from its perpendicular as to have demanded
the application of a ponderous buttress. As several arches that
have been connected with a demolished superstructure cross this
drain during its course, it is probable that a garderobe, and
perhaps contiguous dormitories, were placed over this part of a

APPENDIX. 173

sewer which carried the refuse of the house to the mill stream
which runs at a short distance to the west. There is, at present,
no current of water in this direction, but as a large pond immed-
iately above the abbey has been filled up within memory, the
course, no doubt, has been supplied from thence. The rising
ground to the west is, indeed, full of springs, and one near the
park wall still retains the name of " St. Mary's well."

The buildings that form the south side of the cloister court
have been demolished nearly to the foundation. It is evident,
however, that the refectory an apartment that has measured
102ft. by 28ft., and has had an Early English doorway occu-
pied, as usual, the central position ; and that the kitchen of the
capacious dimension of 40ft. by 29ft., and sufficiently identified
by the presence of three fire hearths was on its west side. I
thought I traced the sill of a hatchway between them, near a

freat mass of masonry in the refectory, that may have been a
ind of sideboard, and stands opposite to what appears to have
formed the base of a water cistern.

The west side of the cloister court has also been pulled down
nearly to the ground, with the exception of some buildings at
the northern angle, which have escaped by their inclusion within
some hovels which have recently been removed. The presence
of a fireplace here, 15ft. wide, leads me to believe that in the
Perpendicular period this part of the structure was enlarged, to
form, however unusual the position, part of a residence for the
abbot, more particularly, since, at the opposite end of this range,
though beyond the limits of the quadrangle, a portion of a
domestic building, with an upper and lower floor, is preserved so
entire as to have been inhabited ever since the dissolution of the
house. The north side was constructed, within memory, of wood
and plaster, indicating disruption from some adjacent work ; and
from the ruin of two large fireplaces in the outer face of its
eastern wall, it is evident that it had been annexed to the con-
ventual buildings on that side. The house is of Tudor work, and
has, in the west gable, a square-headed window of three lights,
having the arms of Old Percy, (azure), five fusils (or), and their
badge of the crescent, carved on the corbels of the weather table.
The identity of these insignia with those that decorate a very
beautiful Tudor bay window of two stages, at Little Mearley
Hall, not only confirms the tradition that it was brought from
Sawley, but, also, goes far to prove that it formed part of the
abbot's house ; especially, since a semi-octagonal foundation, of
suitable dimension, has been discovered attached to a wall con-
necting the buildings of which I have just spoken.

174 MEMORIALS OF FOUNTAINS ABBEY.

These buildings comprehend all that now remains of the mam
body of the abbey. The farm buildings stood on the south side
of the house, and have all been destroyed ; excepting a large
granary and appurtenant corn-mill, a few hundred yards distant
to the west ; which, having been apparently erected not long be-
fore the dissolution, remain, partially, in tenan table condition.
The supply of water being constant and powerful, the building
was selected, about sixty years ago, by the father of the late
Sir Robert Peel, as a convenient site for a cotton manufactory,
and, with the addition of two stories, was used for that purpose
for upwards of twenty years. On the expiration of the lease
the building was divided into cottages and farm offices, and, sub-
sequently, the mill was destroyed by fire ; but the dam and water
course are yet maintained ; since the command of such a vast
motive power is of considerable value, and the removal of a
barrier that has stemmed the torrent of the Ribble for seven
centuries, might influence the level and direction of the bed of
the river, above.

The northern gatehouse stands about 270ft. from the abbey,
in the line of the present road, and, until recently, has been
encumbered with the rude superstructures of modern times. Like
the silken hose of the unfortunate Sir John Cutler, which had
been darned so frequently with worsted that no vestige of the
original silken material remained, the ancient work appears only
in the Tudor arch of the inner and outer walls, which are separ-
ated by a distance of 37ft. As the contraction of the arches
rendered them obnoxious to the vehicles which now traverse the
road, and their removal would not only have deprived the village
of a picturesque object, but the abbey, also, of one of its last
characteristic appendages, the judicious expedient has been
adopted of widening the road, so as to allow carriages to pass by
their side.

When the gateway was repaired, several carved stones were
brought here from the abbey. One exhibits an interesting adapt-
ation of heraldic emblems to architectural enrichment, in a fillet
undulating between two rows of " the Percys' crescent." There
is also a small shield bearing their fusils ; another and much
larger, charged with the fess dancette of the Vavasors of Hazle-
wood, enclosed within bold and well designed foliage ; and a
third, with the arms of Mallory of Studley Royal, with the quar-
terings of Tempest of Bracewell, Conyers and Washington
impaling Constable of Halsham. On the south side is a fine but
headless statue of the Virgin and Child, surmounted by a canopy

APPENDIX. 175

that has probably belonged to the screen of the choir, and stand-
ing on a pedestal, inscribed in black letter :

" S'CTA MARIA ORA PR' NOBIS."

The monks have been liberal in the heraldic commemoration
of their benefactors. Two noble shields, bearing respectively
the lion rampant, of Percy, and the pike fishes of Lucy, are
placed over the door of a cottage in the village. The shields of
old Percy and Louvaine, which are enclosed in a piece of Tudor
tracery, appear in another house ; and there have recently been
removed from farm buildings to the site of the abbey, boldly
sculptured shields of Percy quartering Lucy Tempest, and
a lion rampant perhaps Lacy.

The well-known judgment and ability of Mr. Humphries, of
Ripon, under whose direction the excavation of the abbey, as
well as the various improvements in the village, have been con-
ducted, might render it as impertinent, as it would otherwise
have been pleasing to me, to comment either on the felicity of
the, design or on its results. The work may be followed as a
precedent ; and is, unquestionably, the most satisfactory of its
kind that has yet been undertaken. Nothing has been added
for the sake of ornament or uniformity, nor has anything been
substituted or removed as, apparently, superfluous or unseemly.

But as the most precise and judicious direction is, too often,
unavailing, especially when it cannot be accompanied by con-
tinual supervision, it is not only gratifying but just to acknow-
ledge that the work has been executed by the bailiff of the
estate, with such unusual care and fidelity, as to have secured
a collection of relics, almost equal in interest to the scene which
has been disclosed.

First, both in quantity and curiosity, is the stained glass which
has been sifted from the rubbish. Every fragment, however
small, has been preserved, and the aggregate is a collection of
many hundred pieces, of all shapes and sizes, from half an inch
to upwards of four inches in diameter. Many of them retain
their texture and brilliancy, particularly those in which the
enamel process has been employed ; but, by long retention in
humid soil, the laminae of the coated glass have become disinteg-
rated, and the yellow pot metal been rendered so friable, as often
to retain little trace of the design which has been committed to
it. The greatest mass was found in the chapels of the transept,
and not a little under the east window of the choir. It had,

176 MEMORIALS OF FOUNTAINS ABBEY.

apparently, been pulled down for the sake of the lead, and left,
unheeded, on the floor until it became hid by the rubbish from
the walls. The Decorated style, approaching in many instances
to Early English, prevails, the inconsiderable exception being
the draperies of figures of the Perpendicular period.

The length to vvhich my observations have already extended will
not now allow me to say what I could have wished, of the many
curious specimens of borders, canopies, diapers and drapery, not
only useful as records of the history and practice of this beauti-
ful art, but highly suggestive of particular information as to the
appearance of the storied windows of this long desolated pile.

One series of subjects, however, must be mentioned, on
account of the peculiarity of its treatment. It is of the Early
Decorated period, and represents the twelve apostles, each figure
with its canopy being represented on a single unleaded piece of
glass, 9Jin. long and Sin. wide. These figures have been but
slightly injured, and the best of them is now exhibited.

The encaustic tiles which have been found are chiefly of the
Perpendicular period, but unfortunately most of them form only
portions of patterns, that require the combination of nine ^ or
twelve tiles for their completion. One of these has represented
a hunting scene, probably in the adjoining forest of Bolland,
wherein the circular border is represented by the pales, and the
foliage through which the dogs are chasing the stag, is designed
with some elegance. Another has borne a shield with a circum-
scription, of which the words, MERCI GOD, are only legible. Part
of a third subject shows a naked figure shooting at two hares, or
rabbits, with a bow. Several single tiles have a large Roman W,
enfiled by a crosier, forming perhaps part of the sepulchral
memorial of one of the abbots. The rose and fret pattern appears
to have been as common here as at Fountains, and, like many
more, has probably circulated from abbey to abbey.

To this practice here is, however, one exception, both as to
design and the manner in which it is executed. It is a tile of
the Decorated period, wherein the words, " Johe's Sallay Abbas,
xps. ihu.," have been traced with a pointed instrument, when the
clay was moist, not improbably, by the hand of the abbot himself.

Besides these specimens of the ordinary mode of ecclesiastical
decoration, five examples of works in metal have also been
retrieved. One is the branch of a candlestick, which has moved
in a grooved perpendicular stem, probably fixed to the stalls or
the lectern. Another is part of a very late ornament in latten,
which has been intended for application to some article of wooden

APPENDIX. 177

furniture. The rest are perforated plates of lead, three inches
square ; two of them displaying a traceried design like that of a
rose window ; the other, a simple trellis. They are all designed
with remarkable taste, and show how skilfully and almost intuit-
ively the mediaeval artists produced a class of ornaments, for
which we can, now, substitute little better than a mere quotation
of incongruous architectural detail.

There has also been found here, during the excavation, along
bronze pin, similar to those often found in Roman stations ; part
of the plain clasp of a book ; a small pair of tongs for trimming
the lamps ; and, more unexpectedly, part of the bell of a falcon.

The only other relics that require particular mention are three
pieces of sheet lead, which have been cut by a chisel into their
present shape, as templets for tabernacle work. They retain the
puncture of the compasses and the lines by which their propor-
tions have been determined ; and are, so far as I can ascertain,
the only working models of a mediaeval artist which have yet been
discovered.

ix. ON KIRKHAM PRIORY. Read at the Meeting of the Yorkshire
and Lincoln Diocesan Architectural Societies, at Doncaster,
Sept. 23, 1857. By JOHN RICHARD WALBRAN, Esq., F.S.A.,
Mayor of Ripon.

Among the various and conflicting motives that originated
the foundation of religious houses, few after the testing revo-
lution of seven centuries of opinion will appeal more directly,
or more sensitively to our hearts than that which made Kirkkam
a place " Holy unto the Lord for ever."

Of the conscience-stricken pangs that were comfortably to be
stifled by the bestowal of a superfluity which cost the givers
nothing, of the death-bed concessions that were to charter a
scat in heaven by a forgone inheritance in earth, it would ill
become us beings weak and imperfect as our forefathers to
dogmatize on that which, we trust, eternal purity may have
pardoned ; yet, too surely must I deem that many a sorrowing
heart within these walls can sympathetically interpret that stem

M. VOL. II.

178 MEMORIALS OF FOUNTAINS ABBEY.

message to our founder " Behold, I take away from thee the
desire of thine eyes with a stroke."

The facts of the incident were first published in the Monasticon
Anglicanum 1 from a volume of collections, now preserved among
the Cotton MSS. in the British Museum, where it is marked
Vitellius, F. 4. It records with considerable minuteness that, in
the reign of King Henry the First, Walter L'Espec was the
Lord of Kirkham and other large estates in Yorkshire and
Northumberland the rewards of uncommon bravery in the
wars of the period ; and that by Adeline his wife he had an only
son, who bore his father's Christian name, and was distinguished
by the same high mental qualifications and noble form. This
young man delighted much in equestrian exercise, a pleasure
which eventually cost him his life ; for, one day, when riding at
a great pace towards Firby a hamlet about a mile to the north-
east of Kirkham his horse, urged beyond its speed, stumbled
near a small stone way-side cross, and threw his rider to the
ground, who, having broken his neck, immediately expired.

When the intelligence of this sad bereavement reached the
young man's father, he sorrowed not as they who have no hope,
but as the record says having invoked the grace of the Holy
Spirit, consulted with his friends as to the disposal of his
property, especially with his uncle William, the Rector of Garton
near Driffield, on whose counsel he much relied. His advice
was, that a portion of his estate should be devoted to the service
of Him who had given and taken away ; and, after the prevailing
fashion of the day, this purpose was effected ultimately by the
foundation of three monasteries Kirkham, Rivaulx, and Warden
in Bedfordshire. Kirkham, from its proximity to the spot where
the misfortune occurred, was, of course, the first offering of his
submission to the will of God. It was founded on the 22nd of
February, 1122, when it was dedicated to the honor and glory
of the Holy Trinity, and devoted to the rule of St. Augustine ;
William, L'Espec's uncle, who was a Canon of Nostel, being
appointed the first Prior. Rivaulx was founded in 1131, and
Warden in 1136 ; but both these houses were colonised with
Cistercian monks, the diversion of the founder's bounty having
been directed towards this rising and reforming Order by

(1) "Dominus Walterus Especke miles strenuus et decorus in setate juvenili uxorem duxit
quandam, nomine Adelinam, quas concepit, et peperit ei unum filium nomine Walterum, similem
patri suo. Qui formosus factus adolesoens multum delectabatur in equis velocibus equitare.
Contigit ut quadam die, cum equum velocem ascendisset et ipsum ad currendum ultra vires
r?j;eret, apud parvam petrinam crucem, versus Frithby, equus suus graviter cespitavit : et ille
subito de equo cadens, collo suo fracto, vitarn finivit temporalem," &c.> &c. Cotton MSS. VitelL
F. .-Mon. Angl. i, 727.

APPENDIX. 179

Thurstan, archbishop of York a friend of St. Bernard who,
in 1132, founded the great abbey of Fountains.

" Pro reorum venia Kirkham domus bona
Eievallis deinceps, et haec tria, Wardona
Est fundate primitus a dicta persona,
Pro quorum meritis datur illi trina corona."

It is a remarkable circumstance that in the charters by which
these abbeys were founded, Espec, though he states particularly
in that of Rivaulx that the donation was made for the souls of
kings William and Henry, for the souls of his parents, his wife's
parents, and their ancestors, and for that of Hugh de Wildecher,
never alludes in any shape whatever to the loss of his only child.
There is a parallel case, however, in the charters of the foundress
of Bolton Priory.

The tradition of the neighbourhood has kept, as usual, its
irregular pace with the more authentic record ; and I have been
told by one born near Kirkham, and much more able to have
addressed you on the subject than myself, that when peasants

" In winter's tedious nights sit by the fire
With good old folks "

and tell their tales, it is their legend that the Lady Adeline had
such a strange prevision of coming sorrow, as led her vehemently
to dissuade her son from hunting on the fatal day that, after he
had slighted her admonition, he was observed about evening, by
a wayfaring man, riding at full gallop towards Firby, and had
scarcely ascended to a place where a spring of water gushed from
the hill side, when a wild boar, darting across the road, startled
the horse, which dashed its master's head against a stone that
now forms part of the cross before the Gatehouse, and then
dragged him by the stirrups to a place where he was found, and
therefore chosen as the site of the high altar of the Priory.

Like many other traditions, this, evidently, is but an adum-
bration of the truth ; yet in the present state of society, when
so much of our folk-lore is passing away from us, it must not be
left unrecorded.

Of the personal history of the founder, who must ever occupy
a prominent position among the worthies of the kingdom, all
who are but imperfectly acquainted with the history of their
country will amongst other services which he rendered during
a long and earnestly-purposed life remember that wherein his
eloquence and his valour contributed in a triumphant degree to
the victory gained by the English over the Scots at the memo-

180 MEMORIALS OF FOUNTAINS ABBEY.

rable a Battle of the Standard." Yet, I cannot refrain from
portraying him to you when, in his harangue to the army, he
swore, grasping the hand of the Earl of Albermarle, 1 on that
field to be victorious or to die, and roused the religious enthusiasm
of the hearers by the assurance that u angels and the saints of the
churches which the enemy had profaned, would fight with them
from the clouds and avenge the innocent." " He was now"
says his illustrious friend Aelred, abbot of Rivaulx, the historian
of the battle "an old man, and full of days, quick witted,
prudent in council, moderate in peace, circumspect in war, a
true friend and a loyal subject. His stature was passing tall, his
limbs all of such size as not to exceed their just proportions, and
yet to be well matched with his great height. His hair was still
black, his beard long, and flowing, his forehead wide and noble,
his eyes large and bright, his face broad but well featured, his
voice like the sound of a trumpet, setting off his natural
eloquence of speech with a certain majesty of sound."

Such was our founder, fourteen years after arrows sharper
than those he braved on that day had pierced his breast. So
magnificent a soul has seldom been as fitly lodged in its tenement
of clay !

After a similar revolution of time, he retired from the strife
and contention of the world, and, singularly enough, chose his
home, not at Kirkham, but at Rivaulx : drawn thither, it may
have been, by a desire for more intimate and daily communion
with the abbot Aelred ; of whom it is now enough to say that he
was " neither in piety or genius unworthy of his master, St.
Bernard."

After passing about two years in monastic seclusion, Espec
died in the year 1153 his wife surviving him and was buried
on the 9th of March, at Rivaulx, far away from him whose loss
had embittered his soul. Yet, let us humbly hope that they who
were thus sadly severed, both in life and in death, have not
parted at the gates of heaven.

Amid the ruin of that beautiful and noble pile, which " once
was holy and is holy still," there is, now, left no memorial to
guide even a sympathizing pilgrim to his grave nothing to
protect his once venerated form from the intrusion of the
meanest hind.

(1) In 1139, on the feast of St. Hilary, the Earl of Albermarle, who has been styled
" prosdctrus comes ft eximius monasteriortim fundator," founded the Priory of Thornton
in Lincolnshire ; and in the following year, and on the same feast, "Walthr-of his kinsman, and
Prior of Kirkham went to Thornton, taking with him twelve canons of Kirkham, whom he
established in the new monastery, constituting one of them, named Bichard, the rirst Prior.

APPENDIX. 181

It would avail little, for a purpose like the present, to inves-
tigate the topography of Kirkham before the foundation of the
Priory. Yet, it may be useful to remark that when the Doting-
day survey was taken it was a large and important manor,
consisting of eight carucates or upwards of eight hundred acres
of land, which in the Saxon times had belonged to the powerful
Waltheof, but then to the Earl of Moreton. That it had suffered
its share in the military ravages that had depreciated the value
of all the adjoining property. That a mill had been advantageously
worked by the river Derwent ; and that woodlands, a mile long
by ten perches broad, fringed the banks of that lovely stream
that must have sighed in the ears of the Conqueror's surveyors
with the same fitful melancholy cadence as might have solaced
GUT hearts to-day. It had also, at that early period, a church,
and even an endowed minister. Judging, therefore, as much
from its Saxon name, u Chircham," or the Church-stead, as
from its immediate proximity to a great river and an influential
nucleus of civilization at Malton, we may not err much in
believing that it had been one of those early missionary stations
where the site of the mother church had marked the scene of
some such extraordinary baptismal regenerations as are recorded
by the Saxon historians in honor of Paulinus or Augustine.

The bounty of the founder, as might have been expected, was
dealt out with no niggard or parsimonious hand. He bestowed
not in high sounding legal words, like many that might be quoted,
lands by the mile, that still furnish only sustenance to wild birds
and amusement to the sportsman ; but, heeding, as it would
seem, the admonition of St. Augustine " With what face canst
thou expect an inheritance from Christ in heaven, that defraudest
Christ in thy inheritance, here on earth?" he bestowed upon his
Priory these most munificent gifts two parts of the tithes of
Bolton in Northumberland the town and church of Carham-upon-
Tweed the church of Garton, with more than a hundred acres
of land in a place called St. Michael's Flat the church of
Belmsley Blackmore, with a like quantity of land, and pannage
in the g-ivur. oak woods there for their swine and pasturage of
cattle the church of Hilton two parts of the tithes of the mill
of Helton in Northumberland the tithes of all the farms at
Howsham the church of Kirkby Grendnle the tithes of his
demesne lands at Linton the churches of Linton and of Ross
ui^ht hundred acres of land in Sixtmidale the manor of
Titelington the entire towns <>l \Vhitwell and \\Ystow,
with an extensive and valuable right of fishing in the

182 MEMORIALS OP FOUNTAINS ABBEY.

and the tithe of Howsham mill. He was, in fact, the first and
last great benefactor to the Priory for all the other charters to
the house that I have seen, and I believe I have nearly seen
them all, represent nothing more than dearly bought " confirm-
ations" from the Crown, the Pope, or the Lords Paramount of
Fees ; or donations of mere scattered oxgangs, that it is useless
to recapitulate.

After Espec's death his estates still of immense value and
extent were divided among his sisters, Hawise, Albreda, and
Adeline. The eldest had married William de Bussy, a member
of a very influential Yorkshire family at that time ; the second,
Nicholas de Traily, of whom little or nothing is known ; and the
youngest, Peter de Roos, who, subsequently and wisely, left his
paternal estate of Roos, in Holderness, and became the founder
of the great baronial family that built the castle of Helmsley,
produced men that joined in wresting Magna Charter from King
John, fought valiantly at the battle of Lincoln in the wars of
Gascony against the Scots and the Welsh at the battle of
Evesham shared in the glory of Cressy and Poictiers ; and, at
length, in the reign of Henry VII, 1508, (after having provided
their country with such a succession of warriors as few families
can display), left through an alliance of the daughter of Lord
Thomas de Roos, who shared so bitterly in the disaster of Towton
field their vast estates in the possession of Sir Robert Manners,
ancestor to the present Duke of Rutland.

To Adeline, his youngest sister, Walter Espec especially
committed and gave, as he had given also to his wife, the advow-
son or right of patronage to his monasteries of Kirkham and
Rivaulx : and within their now bare and roofless walls many of
her descendants are now sleeping their last and dreamless sleep,
unconscious that the coveted requiem that was to have been
sung for ever above their gentle dust, is to be, fancifully,
heard only in the murmuring of the passing stream, and the
diapason of the winds that are toned through the ruins that mark
their last earthly dwelling place.

Among the burial places of the family that are particularly
recorded, we learn from a Chronicle or pedigree entered in the
chartulary of Rivaulx abbey, which I have previously quoted,
that William de Ross, who, even in his father's lifetime, was an
active supporter of the baronial and popular cause against King
Henry the Third, was buried in the church of Kirkham, before
the high altar : that his son, Lord Robert de Ross, the redoubt-
able warrior, once rested there beneath a marble tomb, on the

APPENDIX, 183

south side of the choir : that his son, Lord William, the sworn
foe of Scotland, and a great benefactor to the house, had his
grave and a marble tomb on the other side of the choir : and (so
affectionately did they cling to the place, when feudal ties might
have withdrawn them, in death, elsewhere) his son William, the
third baron, another noted soldier, chose also his grave and had
a marble tomb here, by the side of his grandfather.

Though the monks might have read that " Monuments at
last memorials need" they hardly would have believed that this
little volume, which they must have often used familiarly, would
ever become the sole record of honoured objects, whose site
should one day be trodden in open air, by the beasts of the field.

Although the lot of the canons of Kirkham had been cast in
a beautiful and pleasant place, so that unlike the first poor
brethren of Bolton, Sawley, Kirkstall, Jervaux and Byland
they had no occasion to importune their patron to be delivered
from an exile condition on barren or inclement moorlands places,
as chronicles say, of " horror and vast solitude," where, to use a
modern phrase, a a provisional' 7 convent might be cheaply
gratified in their intended exercise of asceticism it would appear
that, about a century after the period of the foundation, they
meditated a surrender of their house and property to the monks
of Rivaulx, and intended to establish themselves in the parish of
Weaverthorpe, twelve miles east of Malton. The motive is no
more apparent to us than that which induced the monks of
Rivaulx to meditate a translation of their house in 1158 five
years after the death of the founder to " Stainton near the
sea," midway between Whitby and Scarborough a fact not
generally known. The intentions of our canons, however, is
indisputable ; since the indenture or agreement between the
monks of Rivaulx and the canons of Kirkham is entered, at
length, in the Coucher book of the former house.

After a preamble which states that the concession was made
" for the love of God, the health of their souls for the sake of
establishing a common feeling between the houses, for the peace
and honor of the prior, and at the wish and desire of their
patron" motives in which the last recited was doubtless the
most operative and predominant the record goes on to say, that
the canons had, in consequence, granted to the house of Rivaulx
the estate of Kirkham, with its priory and other edifices, their
gardens, orchards, mills, and all other things there except one
barn (of course of wood) which they wished to remove ; like-
wise Whitwell and Westow, and upwards of four hundred acres

184 MEMORIALS OF FOUNTAINS ABBEY.

of land in Sixtendale, which the patron held in his own hand,
together with another hundred acres of land and one hundred
sheep.

In exchange for this was to be given to the canons not mark
- by the monks of Kivaulx but by the common patron, Lord
de Ross, (whom some people probably suspected looked upon
sweet Kirkham's lawn as a kind of Naboth's vineyard, from his
dreary moorland castle at Helmsley,) the whole of Linton and
Weaverthorpe, with the appurtenances of the latter, free from
all services whatever ; the prior and his friends undertaking to
build a sufficiently large church, a chapter-house, a dormitory,
and a refectory, of stone , with other offices of another material,
namely, an infirmary, a store-house, hospitium, bakehouse,
stable, granary, and barn ; also a good mill, if the same could be
provided at a* reasonable cost. The canons stipulated, also, that
on their departure from Kirkham they should be allowed to take
with them all their " mobilia," specifying not only their crosses,
chalices, books, and vestments, but also their painted windows,
which they would replace with white glass. They would leave,
also, any one of the bells which might be selected. There is no
date to this very singular document, but some internal evidence
appears to refer it to an early period in the 13th century. We
may, therefore, suppose that, on the abandonment of the project,
the canons began the reconstruction of their choir and chapter-
house works which must once have worthily held a high place
amongst the architectural triumphs of Yorkshire.

Beyond transactions with reference to their estates or privi-
leges, there is nothing more worthy of mention (on an occasion
like the present) in the quiet and monotonous history of the
Priory, until the time of its dissolution; unless as an illustration
of medieval marvels I may be allowed to report a story told by
St. Bernard in the life of his friend Malachy, archbishop of
Armagh, in Ireland, which occurred when he came to .York, on
his passage to Rome.

He says but remember that he is speaking to you after a lapse
of seven hundred years " In the town of York, there came to
wait upon him a man of noble parentage, William, Prior of the
Brothers Regular at KIRKHAM now a monk and abbot of our
Order at Melrose who, humbly and devoutly, recommended
himself to Malachy's prayers. Seeing that the bishop had many
in his company and but few horses to carry them, he offered him
his own, only adding that he ' was sorry that it had been bred a
draught horse, and that its paces were somewhat rough. I

APPENDIX. 185

would gladly offer you a better,' said he, ' if I had one ; but if
you will be contented to take the best I have, it may go with
you.' ' I accept it the more willingly,' said the bishop, < because
you say it is worth little not that I can count anything of little
worth which is offered with such extraordinary good-will.' Turn-
ing, then, to his attendants, he said, ' Saddle me the horse, for it
is a seasonable present, and it is likely to serve me long.' When
saddled, he mounted it, and though at first he found its paces
rough, after a little time, by a marvellous change, the motion
became as pleasant and as gentle an amble as he could desire.
And that no word which he had spoken might fall to the ground,
the same animal never failed him for more than eight years
afterwards the time of his own death turning out an excellent
and most valuable palfrey. And what made the miracle more
apparent was, that from iron-grey the horse began to grow
white ; so that, not long after, you could not find a horse more
perfectly white than he became."

When the greatest intellect in Europe could solemnly relate a
story like this believing it to be a miracle let us judge more
mercifully of the delusions and distractions of our simple minded
forefathers.

Whether the dissolution of the convent was accomplished by
force or by fraud, we know not. It appears only, from the
instrument of surrender, now preserved among the records of
the Augmentation Office in London, that on the 8th of December,
in the 38th year of the reign of Henry the Eighth, the canons
met for the last time in their noble chapter house, and appended
their signatures to the document, in the following order
John Kildwick, Prior, William Lawson, Sub-Prior,

John Blacket, Priest, Stephen Chapman, Priest,

Thomas Catton, Priest, John Hawthorpe, Priest,

Richard Seymere, Priest, Richard Bayldon, Priest,
James Parkinson, Priest, Richard Morwyn, Priest,
Edmond Newton, Priest, William Beckfield, Priest,
Anthony Watson, Priest, Robert Atkinson, Priest,

Peter Wilkinson, Deacon, and
John Nowcll.

These were the men who consented that Kirkham should become
a solitary place, a desolation, and a wilderness of ruins.

In 1553, seven of them were living and in the receipt of a
pension of 5 6s. 8d. each. The Prior, who had received 50
per annum, was then, I believe, dead.

I abstain, for obvious reasons, trom reciting the legend called

186 MEMORIALS OF FOUNTAINS ABBEY.

"The Curse of Kirkham," which tells in long genealogical array
of the hapless fate of a family who are supposed to have
benefited largely by the dissolution ot the Priory.

When the King's survey was made in the 26th of Henry the
Eighth, the annual value of the estates belonging to Kirkham
amounted to 300 15s. 6d., a sum which, at the very least,
would not now be sufficiently represented if multiplied by ten.
I have not been able to discover the inventory of their personal
property taken at the Dissolution, but Cole, in his MSS., now in
the British Museum, says that there were taken away 30 fodder
of lead, 442 ounces of plate, and 7 bells : one of these bells is
said to be in the church of Appleton le Street, but upon examin-
ation I found it was of later date ; most probably it has been
recast, for it speaks with a mediaeval tongue.

The Chartulary, or Register of the charters of the Priory
a volume containing very valuable topographical and genealogical
information though nothing illustrative of the architectural
history of the house is preserved in the Bodleian Library at
Oxford, to which it was given, among his other manuscripts, by
Lord Fairfax. He had obtained it from Roger Dodsworth, the
great Yorkshire antiquary, who it, otherwise, seems, felt, like
myself, a particular affection for the place.

I have seen impressions of two seals used by the canons, and
they are interesting as showing how a particular subject was
treated at different periods. The oldest is especially worthy of
consideration, since as is very seldom the case it is doubtless
coeval with the time of the foundation. It is of an elliptical or
or oval form, bearing within the circumscription SIGILLVM SANCTI
TRINITATIS DE CHIRCAM, a figure of the "ancient of days" sitting
upon the rainbow, the left hand holding the book, and the right
uplifted in the act of benediction. The peculiar position and the
casting of the drapery indicate that the figure has been copied
from some Saxon work. In fact, in the Benedictional of St.
Ethelwold, a manuscript of the tenth century in the library of
the Duke of Devonshire, is an illuminated figure resembling it
precisely, and bearing the inscription TRINITAS VNVS ET VERVS.
It is engraved in the twenty-fourth volume of " Archseologia."

The other, and much smaller seal, appears to have been made
about the year 1300. It is of oval form, and has, perhaps, been
fabricated on the temporary loss of the other, or for the use of
the Prior, for in the only impression I have seen, the legend,
with the exception of the word " KIRKHAM," is obliterated. It
represents the same Divine Being, as the older seal, sitting, not

APPENDIX. 187

on the rainbow, but on a plain seat under a canopy, having the
book and the uplifted hand. In a compartment at his feet is the
figure of a canon praying, the space on each side being adorned
with the "water bouget" of Lord Roos. The same charge
occurs also on each side of the canopy above, between two
wheels, for Espec.

The house does not seem to have produced any members of
celebrity. I have not been able to ascertain, however, whether
or not Walter de Kirkham, bishop of Durham, who died in
1260, was, either by birth or education, connected with the
place ; or, also, Dr. Thomas Kirkham, who surrendered his house
of the Grey Friars at Doncaster to Henry the Eighth, and was
executed in 1547 for taking part in one of the risings of that
period. One William Kirkham, abbot of Haltemprize, died in
1506. In the Cotton MS. Titus, A. xix.,p. 524, is a treatise by
" Nicholas Walkington de Kirkham de bello Standardi."

From this fragmentary history of the institution, I now
proceed to the consideration of the building, or as a trespass
board at the gate more properly and pathetically terms it u the
few stones," that represent it: for the church, chapter house,
refectory, and such principal parts as usually form the most
important and interesting subjects for examination in a monastic
building, are all but laid level with the sward and two or three
features in what is left will alone engage the eye of a casual
observer. With the exception, indeed, of the gatehouse, a
suggestive fragment of the choir, and the inner walls that had
been reserved to bound the quadrangle for agricultural purposes,
little or nothing has escaped the hands of sacrilegious despoilers.
There is a creditable tradition that the building was used as a
quarry when Howsham Hall was built, fifty years after the
Dissolution ; but whether this or more insidious demands for
erecting farm buildings, or repairing the roads, reduced it to its
present condition, I am unable, of course, to ascertain. I know
only that, within the last century, it has presented much the
same appearance that it does now. Here is Buck's view of it,
taken in 1721, a wild distempered dream, surely,, as to particu-
lars and perspective ; though, perhaps, acceptable in the main.

The ruins stand on the eastern side of the river Derwent,
and in the curvature of a densely wooded part of the vale the
very beau ideal of a poet's dream of seclusion and rest. The
road from York to Malton passes immediately in front of the
Gatehouse, crossing the river by a bridge of three arches, of
which one is of the Early English period. In a plan of the

188 MEMORIALS OF FOUNTAINS ABBEY.

Ruin, made in the year 1754, and now exhibited, the more
modern part was represented by four wooden arches. A little
further up the road is noted also, the site of a u stone arch," as
it is called, " under the high road, for the easier conveyance of
provisions and fuel to the Priory:" but of this work no trace now
remains.

In advancing to the Gatehouse, the first object that attracts
attention is the square base of a cross, apparently of the same
age, elevated on three steps, most likely supplied when it was
repaired, as Gent, in his history of Ripon says, by Madame
Crowther, the owner of the Priory, above a century ago. It is
ornamented with two reversed trefoils, on each side, and (sturdy
tradition notwithstanding, that this icas the veritable stone
against which Espec's son dashed his head) has no doubt served
as a " market cross " though I find no such chartered privilege
granted to the Priory. The villagers and pleasure seekers of a
wide district, however, still congregate here on a particular day
in Autumn, although jackdaws and starlings and larks are the
only articles of commerce. They call the meeting " Kirkham
Bird Fair."

Though it is evident, from the decoration, which cannot be
referred to a period earlier than the time of Edward the First,
that this is not the a fatal stone," I fancy that the base of the
cross to which the chronicle alludes may yet be seen a few hun-
dred yards higher up the side of the valley, at an angle where a
lane branching from the main road leads to Firby. It not only
satisfies the tradition in respect of its position, but also by its
Saxon or early Norman date, being two feet six inches square by
two feet deep : the base of the shaft, according to the matrix,
having measured twelve by eleven inches.

The Gatehouse has been a building of considerable size, with
reference to the domestic structures of its period, and was erected
in a plain and becoming fashion in the latter half of the twelfth
century. On the west side of the archway is a small apartment
that has been vaulted, with another above; and, on the east, a
much more spacious room, that has also been vaulted, and had an
elliptically headed fireplace inserted in the Decorated period. A
chamber above, of similar dimensions shows a flat trefoil-headed
doorway opening into a vacant space once occupied by a garde-
robe, the drain of which, in its descent to the river, passes
through the house ; and being still partly visible has contributed
another to the long list of " subterraneous passages." This part
of the building has been very probably used as a hospitium or an

APPENDIX. 189

infirmary fur the poor of the district. Indeed, as Gent, writing
about the year 1733, calls it the " Guest House," and his
inductive powers were but feeble, I presume it then traditionally
bore that name. The central compartment, or gateway proper,
has extended two bays of vaulting in length, but they are now
entirely destroyed. It was inserted or rebuilt in the early
Decorated period ; a circumstance that has originated the common
idea that the whole of the building was erected at that period.
The outer or northern face (which within the last century seems
to have been taken as the pictorial exponent of the whole Priory,
judging even from the collection of plates which I now exhibit)
is not only a remarkably picturesque, but a highly interesting
example of a monastic gateway. The photograph I now present,
will convey to you a far more definite and clear idea of its
general appearance than I could otherwise provide ; and I will
therefore touch only on the details. Here then, below the cornice,
will be observed four shields of arms : the first, those of Clare,
or, three chevrons gules : second, three lions of England, for
Plantagenet: third, gules, three water bougets, ar. for Lord
Ros; and, fourth, chequey or and gules, for Vaux, being the
particular bearings of Gilbert de Clare Earl of Gloucester, who
married Joan of Acre daughter of king Edward the First and
of William the second Baron de Ros and Patron of Kirkham,
who married Maud the younger daughter of John de Vaux of
Freston in Lincolnshire. As the earl, who probably appears here
in consequence of Lord Ros having held of his fee in these parts,
died in 1296 and Ros in 1316 there would have been little
difficulty, even before the styles of Gothic architecture were dis-
criminated, in ascertaining the date of the work. It must be
remarked that in these instances, as in those below, the arms of
the man and his wife are not impaled within one shield as became
the rule at a subsequent period, but are placed on separate mili-
tary shields; that of the male occupying the dexter side, even
when a subject had married the king's daughter.

A niche at each extremity below is now empty. I see,
in a sketch taken about a century ago, the eastern one held a
broken figure, which I believe to be the same that Gent describes
as that of St. Peter, with the keys in his hand and a church
in his right hand.

. The figure sitting within the vos ; ca. which the same industrious
observer deemed to be " Pilate sitting in Judgment," is the
representation of the Trinity, copied from that seal of the house
which had then reccuily been engraved, and which I have
previously described.

190 MEMORIALS OF FOUNTAINS ABBEY.

The two niches below retain their figures : the one headless
and handless, and therefore undistinguished by any symbol ; the
other a male figure holding an immense and ragged staff; and
therefore we may presume intended to represent St. Bartholomew.
The niche above the apex of the arch-way is empty, but is re-
membered to have contained a sculpture of Christ upon the
Cross.

The shields above the string course of the two windows are
those of the founder, Walter L'Espec (or at least such as
were assigned to him, probably after his death), gules, three
wheels of five speks, or spokes, argent and of Greystoke baron
Greystoke, barry of ten argent and azure, over all three chaplets
gules the presence of which I cannot at present either genea-
logically or otherwise explain ; though there must have been a
good reason for placing the shield in company with that of the
founder.

Neither can I appropriate the shield of some once noted
person, below, who had borne "a bend" for his arms, and
married, as I presume from the adjacent shield, a lady of the
family of Ros not only because several families (as Mauley,
Paynel, Stopham, and other eminent families) used this charge,
with differences of tincture, but because the pedigree of Ros is,
like many more, singularly defective in notices of the younger
branches of the family.

For these combined reasons, also, I am unable to say of what
family was the lady who married the Ros, who was " commemo-
rated," as the sculptor thought, for ever, on the other side of the
arch, for a cross patonce was then a very common bearing.

In reviewing the records of the past, there are few things
that remind us more touchingly of the frail impotence of man's
purpose and the insecurity of his institutions than when monu-
ments like these, at length, crave a memorial.

In the shields of Ros that appear on this Gatehouse, I must
remark that there is a . peculiarity in the shape of the water
bouget which I have seldom observed elsewhere ; for instead of
the outline of the lower and bulbous part being plain, a small
loop is attached, on each side, as if to facilitate the carrying or
the emptying of it. It is very much to be regretted that we
have no sufficient collection of carefully drawn mediaeval heraldic
bearings and charges from glass, manuscripts, and authentic
sculptures like these as we have of many other antiquarian
subjects.

Below these shields, and on each side of the archway, are two

APPENDIX. 191

sculptured, but weatherworn figures, having their separate
canopies and brackets in high relief. The one group had always
been said to represent, and that no doubt truly, St. George ;
who, on foot, is confronting a dragon with a most Runic like
convolution of tail, and advancing to the onslaught with such
dire impetus as might be derived " tali auxilio." Tradition and
successive writers have averred that the other group commemo-
rates the combat of David with Goiiah. I doubt, however, this
assertion ; though the goggle eyed giant, that appears once to
have been invested with all the nursery horrors of the malignant
" Blunderbore," is assailed by a person of much less stature, but
so mutilated that nothing can be inferred either from the frag-
ment of his shield, the weapon that he carried, or the armour in
which he has been apparently invested for, considering there
is an equal display of secular as of ecclesiastical feeling in the
decoration of this facade that the great military renown of the
founder was acquired in the memorable engagement with king
David of Scotland, at the Battle of the Standard was most
worthily maintained in the Scottish wars by his descendants in
the line of Ros, and most especially by that member of the
family who was then the patron of the house I take it to be far
more probable that the Canons, in this sculpture, (coupling it
with the combat of the patron saint of England on the other side
of the arch,) intended rather to represent, either in general
feeling or particular incident, the services of their patrons against
the Scottish foemen of England (believed then to be savages and
giants), than the more memorable, though to them far less
interesting, incident recorded in the Hebrew Scripture.

The inner face of the Gatehouse seems to have been orna-
mented with sculpture also ; for Gent says that, when he was
here about 1730, he was informed " by an old man named
Robert Bell, who was born in 1654, and sprinkled in Oliver's
time, that he remembered the inward side of the gate then de-
molished, over which was the Virgin Mary with our Saviour in
her arms ; and, also, St. Catherine with her wheel." At the
time of Gent's visit, " some part of the building under curious
arched work" as he says " had been recently converted into
an alehouse."

We now pass into the Close : observing, by the way, that a
chnpel the site of which is marked on the engraved plan of
1754, and said to have been built out of the ruins of the Priory
stood between the Gatehouse and the Conventual Church;
but is now entirely destroyed.

192 MEMORIALS OF FOUNTAINS ABBEY.

There is little left except hillocks of rubbish to mark the site
of the Conventual Church. It appears to have been upwards of
300 feet long, and, therefore, in the first class of the Yorkshire
houses. Of the Nave that has measured about 130 feet in
length nothing remains but the plain base of the south wall,
that tells us it was of the Founder's time 5 and had no aislrs.
Judging from the form of the rubbish, the transept has been of
this date and had three eastern chapels in each wing. The choir
is level with the sward, with the exception of a solitary lancet
window one of the three that graced its eastern extremity
sufficient, however, to prove that this part of the fabric, which
had been renewed upwards of a century after the foundation,
had been second to no building of the kind, even in Yorkshire.

South of the Choir, the irregularity of the ground probably
marks the site of the residence of the Prior.

We can see so much where the Chapter House has stood as
informs us that it had been of the rectangular shape not an
octagon as in some houses of the Austin Canons of the unusual
dimensions of about 80 feet by 30 feet ; and, from a few bases of
the arcade which adorned the interior, of the same Early-English
period as the Choir.

Between the Chapter House and the south end of the tran-
sept of the Church, has been a small apartment with a bench on
one side, as at Thornton Abbey, in Lincolnshire ; but it is not
certain to what purpose it has been applied. The rest of the
buildings that formed the east side of the Quadrangle are irre-
trievably ruined and lost.

The south side of the Quadrangle was entirely occupied by
the Refectory, which stood east and west, contrary to the ordinary
rule. It is also remarkable that it had no windows towards the
Quadrangle. It was entered, towards its western extremity, by
a highly decorated doorway of transition-Norman work, engraved
in the Oxford Glossary. The south and western walls have been
removed, and the eastern one is quite plain.

The swift declivity of the ground allowed the formation of a
vaulted cellar below the whole length of the Refectory. Some
of its octagonal pillars have recently been opened out ; and from
their capitals, it seems the work has been of the Early-English
period.

On the western side of the Quadrangle, and on a level with
it, was the Dormitory ; and, below, a range of vaulted cellars or
storehouses; but the whole was wantonly pulled down in the
last century, except the wall towards the Quadrangle.

APPENDIX. 193

This wall, on the other side contains, however, an object of
extraordinary interest, in the celebrated Lavatory, made familiar
by pictorial illustration. It is placed by the side of the Refectory
door, so as to afford the Canons the facility of performing their
ablutions before proceeding to their meals, and has been erected
probably towards the close of the thirteenth century.

The Font, which is represented as standing by the Lavatory,
in the masterly etching of it by Prout, has since unfortunately
been removed from the Priory; and may now be seen in the
church of Acomb near York. There is a large and clever en-
graving of it by the late Mr. Fowler of Winterton. It is a very
singular specimen of debased Perpendicular work ; and wherever
it may have originally stood, no doubt was intended for the bap-
tism of those who were born in the large extra-parochial district
which surrounded the Priory.

Besides the offices I have noticed, there are, on the south side
of the site, other fragmentary and confused vestiges of buildings,
buried in rubbish but canopied with aged and luxuriant trees,
that harmonize so well with the feeling of rest and tranquillity
that has descended upon this solemn and lovely spot, that the
most enthusiastic antiquary could not wish for their removal.

Such then briefly and imperfectly told is the history of
Kirkham Priory : a history which, in reference at least to the
unfortunate event which occasioned its foundation, may be
appropriately closed by the reflection of the poet Longfellow

We see but dimly through the mists and vapours,

Amid these earthly swamps ;
What seem to us but sad funereal tapers

May be Heaven's distant lamps.

N. VOL. H.

194 MEMORIALS OF OUNTAINS ABBEY.

X. OBSERVATIONS ON THE HISTORY AND STRUCTURE OF THE

BLESSED MARY OF BYLAND. A Paper read on an excursion
made there by the Yorkshire Architectural Society, June
22nd, 1864. By JOHN RICHARD WALBRAN.

As the time placed at my disposal is but short, I must refrain
from entering at length into the early history of Byland Abbey,
and will refer only to those circumstances which originated the
institution, and occasioned three separate sites to be occupied by
its monks, before they settled on the spot where we are assembled :
a fuller introduction will, however, be the more readily dispensed
with, since the Chronicle of the House, written by the third
abbot, in the time of King Richard the First, may be read in
the first volume of the Monastican Anglicanum.

In the year 1134 twelve monks left the Abbey of Furness in
Lancashire, under the patronage of Ralph Meschin, and settled
at Calder, about four miles from Egremont in Cumberland.
After they had continued there for the space of four years, and
were beginning to erect a monastary, their dwelling place was
destroyed in an invasion of the country by David, King of
Scotland. The convent then fled to the parent house of Furness,
but, on arriving at the gate, were met by the abbot and his
brethren, who peremptorily denied them admission. The out-
casts, upon this repulse, determined at once both to leave
Furness and to desert entirely the site they had occupied at
Calder, though they had little more personal property than their
vestments and a few books, which were carried in a waggon
drawn by eight oxen. After a sorrowful consultation during the
rest of the day, they set out in the morning towards York, in
order to ask the advice of Archbishop Turstin. They had heard
that, six years before, he had provided a home at Fountains for
some monks who had seceded from St. Mary's Abbey at York,
and believed that they might therefore rely on his friendly offices
and protection.

During their journey, and when they came into the town of
Thirsk, they were accidentally met by the steward of the Lady
Gundreda, widow of Nigel de Albini, and mother of Roger de
Mowbray, a youth then in ward to King Stephen, but soon to
come in to possession of his princely estates. Being much struck
with the unusual appearance of the company, he enquired into
their history and condition, and invited them to dine at the table
of his lady at the castle of Thirsk, he going before to announce
their approach. When, says the chronicler, Abbot Gerald and

APPENDIX. 195

his monks arrived thither with their waggon following them, and
the lady, from the window of an upper chamber privately beheld
their pitiable condition, she was affected by compassion to tears.
During the interview, having been much edified by their conver-
sation and bearing, she desired them to remain in her house,
caused their necessities to be liberally supplied, and promised in
a short time more substantial aid, both in the shape of a place of
abode and permanent means of subsistence. But since the
monks could not travel with her from manor to manor, she sent
them to her uncle, Robert de Alney, a Norman, who had been a
monk at Whitby, and was then living as a hermit at Hood, a
solitary place among the woods, seven miles east of Thirsk, at
the foot of the Hameldon hills, and about four miles in a north-
west direction from this place. The hermit was so delighted
with the holy conversation of his guests that he received the
habit of the Order, made profession of obedience to the abbot,
and placed his establishment at their disposal. By and bye,
Roger de Mowbray, at the solicitation of his mother and of
Archbishop Turstin, granted the brethren the tithes of the
victuals provided for his household ; but their collection and
transmission being found inconvenient, he gave them, instead,
his cowpasture of Cambe, the high ground above us to the
north, all his land at Wildon, a mile and a half hence, to the
west, Shackledon in the parish of Hovingham, afterwards con-
verted into a grange, and the town of Ergham.

After the monks had spent four years at Hood, and had been
joined by several persons of wealth and station, whose example
had great influence in the country, the abbot besought the Lady
Gundreda to acquaint her son that its situation was too confined
for the erection of an abbey, and that he should provide a more
convenient site. The result was that the lady bestowed upon
them out of her own dower, the vill of Byland on the Moor,
upwards of four miles north of this place, and in the year 1143
Roger de Mowbray conveyed the fee in frank almoigne. At the
time when Domesday survey was taken the manor consisted of
six carucates, or about seven hundred acres of land ; and it is
noticed also that there was a church built of wood, the only
instance of the kind mentioned in that invaluable record.

The monks now removed from Hood to a certain place within
their newly acquired territory on the banks of the river Rie, a
short distance north of the Cistercian abbey of Rievaux, which
had been founded in the year 1131, by Walter le Spec, lord of
Helmsley. Here they built a small cell which they occupied five

MEMORIALS OF FOUNTAINS ABBEY.

years, but it was probably constructed only of temporary
materials ; for experience soon shewed that the place was not
suitable for their permanent establishment.

It had been the original intention and purpose of Roger de
Mowbray that, if possible, the projected abbey should be built on
the south bank of the river Rie, " in order " as the chronicler
says u that we might receive, in all respects, the same advan-
tages and easements from the water, which the monks of Rievaux
enjoyed on the north bank. But the situation of the place ren-
dered this impossible. Moreover, the houses were so near to
each other that, every hour of the day and night, the one convent
could hear the bells of the other, a thing unseemly and not long
in any wise to be endured." While they were resident here, the
abbot, at the request of Roger de Mowbray and Sampson de
Albini, gave the place where he had first settled at Hood to
certain canons who had come from Bridlington Priory, and had
been established at Newborough (about two miles hence) under
the patronage of Roger de Mowbray, who founded that house in
the year 1145. The church of St. Mary of Hood subsequently
became a priory or cell subject to Newborough, and many inter-
esting remains of the structure are still apparent. A large
portion of the lands of Hood was however retained by the monks
of By land, and enjoyed by them until the dissolution of the
abbey.

u Roger de Mowbray perceiving" continues the chronicler
" that many had come together to serve God, and that the place
where the monks abode in the territory of [old] Byland could
not be made convenient for the construction of an abbey, and
that the proximity of Rievaux rendered it altogether unfit for
such a purpose," extended their boundaries, and in the year
1147, gave them for the site of a new monastery, two carucates
of waste ground in the vicinity of Coxwold, under the hill of
Blackhow. Sir Thomas de Colvill, a subinfeudatory of that
baron, also gave to the monks other lands within the shire of
Coxwold. Yet, three years after, the house of Byland was not
entirely deserted, for the chronicler tells us that on the eighth of
March, 1150, a convent of monks went out to found the abbey
of Jervaux, and that they proceeded from the house of Old
Byland, " habitante aUbate Roger o cum suis monachis apud
Stocking. "

As soon as the monks obtained possesion of their new estate,
Laving chosen a site north-west of Low Kilburn and three miles
IST.W. from this place, they began vigorously to clear the ground

APPENDIX. 197

on the western side, near to Middleburgh, and to erect a small
stone church, a cloister, and other houses and offices. At that
time the place was called Stocking, and an old farmstead near
Kilburn still bears that name. The monks abode there for thirty
years; during which time several noblemen, as well from the
surrounding country as from Westmorland, devoutly offered
large tracts of land to the convent.

At length, after many disputes with their neighbours and their
old enemy, the abbot of Furness, who envying their prosperity
revived the claim of jurisdiction over the house, the abbot and
his brethren resolved to migrate once more to another site. Their
reasons are not stated definitely by the chronicler, but every one
who gazes on the scenery around him must admire and honor
the sagacity which saw the capabilities of the place when it was
but a wooded waste, pent up between the swamp of Whiteker on
the south and the rugged hills on the north. The land had been
given to them by Sir Thomas de Colvill before they left Old
Byland. Having settled their plans, they set to work with great
energy to cut down the wood, to drain the land by long and
wide trenches, and at length, fortified by the wealth that had
flowed in upon them since they came into the vicinity of
Ooxwold, to erect that noble church within the ruins of which
we are now assembled. We are not informed when the archi-
tectural work was commenced, but the chronicler says that the
monks " de Stocking se illuc transtulerunt" on the eve of All
Saints (31st October) in the year 1177.

The name given to the new monastery was derived from that
of the Saxon vill which the monks had once occupied on the
bonks of the Rie. Whether the intermediate house of Stocking
had borne this name or not, can only be decided by a careful
examination of the documents entered in the chartulary. It may
be remarked, however, that the chronicler, in mentioning a quit-
claim made by Robert de Stuteville, says he made it by the delivery
of a knife " super magnum altar e de Stockyng ; " and that, when
enumerating the acts of the second abbot, he says he presided
" apud Bdlamlandam in mom, et Stockyng , et juxta Whiteker"

Judging alike from the fact that the monks were provided
with a residence at Stocking during the erection of the present
abbey, the character of the architecture, and the extent of the
works, it seems probable that such a portion of the church only
as was required for the daily offices was completed in the year
1177. The domestic buildings must, as usual, have been re-
edified in stone after the church was finished.

198 MEMORIALS OF FOUNTAINS ABBEY.

The only incident of general interest in the history of the
house, is the battle which was fought here on or about the 14th
of October, 1322. On the 20th of September, when King
Edward the Second was at Newcastle-on-Tyne, the Scottish
invaders besieged Norham Castle. He was unable to contend
with them, and betook himself southward, first to Durham and
then to Barnard Castle, whence he issued writs directing levies
to meet him at Blackhow, 1 the moor to the north of us, where it
was proposed to have a muster of his army. Three days after
he was at Forcet ; 2 on the 8th and llth of October he was at
Yarrn ; 3 and no doubt, very soon after arrived here. The
chronicler of Lanercost 4 says that after the King of Scotland
had committed extensive ravages on the Borders, he proceeded
into England towards " Blakehoumor," not only because he had
previously left that part of the country unvisited on account of
the difficulty of approaching it, but also because he was informed
by his spies that the King of England was there. Hearing of
his approach, King Edward ordered the Earl of Carlisle and
others to send to him levies of horse and foot ; and, by the aid of
the Earl of Lancaster, thirty thousand men were mustered and
marched to him through the west part of the country, so that
they might be unperceived by the enemy. Meanwhile, the Scots
had burnt many towns and manors "in Blakehoumor," had
committed all the waste within their power, and taken many
prisoners, together with a booty of cattle and other property.
The issue was hurried on unexpectedly; for King Edward having
sent the Earl of Richmond with a body of men to watch the
movements of the enemy from the high ground between the
abbies of Byland and Rievaux, commanding most extensive
prospects, was surprised by the Scots coming suddenly upon
him. Resistance only could be effected by hurling down stones
on them as they approached by a narrow and difficult pass in the
mountain side. The Scots, however, rushed forward with fero-
cious intrepidity, took the Earl prisoner with many of his men,
and drove the rest before them. When the news of the discom-
fiture was brought to the king, he was, as the chronicler says, in
Rievaux Abbey, and at once fled towards York, leaving behind

(1) Rotiil. Glaus., 16 Edw. IL, m. 25 d.

(2) Jbid.

(3) R>tul. Claus., ]6 Edw. II., m. 25 d. and m. 24.

(4) C'ott. M.H. Claudius, D. vii., fol. 2196. In the upper margin is written in a subsequent
hand, " De fuga Regis apud Byland." The author of the Annales de Melsa, speaking of King
Edward II., whose character he draws with a bold and impartial hand, says, " Fortuna ac gratift
ornni suo temporc carere videbatur. Inimicos suos in campo attendere vix autiebat. Ter a Scotia,
vicius ; videlicet, apud Banokbrun juxta Stryvelyn in Scotia, abud Berwyk, et liylandbank, in
Ajiglia, ipsis terga vertit." Egerton M.S. in BibL Brit. Mus. 1141. Jol. 1016.

APPENDIX. 199

him his silver plate and a great treasure. These were at once
seized by the enemy, who sacked the abbey, and then, turning
towards the wolds, pillaged and devasted the country far and
wide nearly as far as Beverley, which was saved only from
flames through the contributions of the inhabitants. In
Packington's Chronicle, 1 as translated by Leland, is a quaint but
less circumstantial version of the story. He says that " James
Duglas and Thomas Randol, Capitanes of the Scottes, seyng "
the disorganisation of the English army, " made a great Bode
into Northumberland and destroiyng the Contrey abowte went
forth to Northalreton and brent it. And King Edward seyng
this, raysid his Host beyond Trent, and they encounterid with
the Scottes at Beighlande Abbaye, xv Dayes after Michelmes,
and there were the Englisch menne discumfited. And there
John of Bretayne Erie of Richemont, Ennemy to Thomas
Lancastre, was taken Prisoner and after delyverid for a great
Raunsom went yn to France, and never returned in to England
agayn. Straite upon this was Syr Andrew Erie of Cairluel
attayntid for Conspiracy with James Duglas the Scotte, whereby
the Englisch men for lack of Harkeley ready help, wer van-
quishid yn Batel at the Abbey of Beighlande." According to
Knighton, 2 the king was not surprised at Rievaux, but while
dining in Byland Abbey; " Circa festum sancti Lucae prandentem
regem apud mormsterium de Bella Landa super Blakhamore pene
compreheudissent, nisi fuga sibi consuluisset." There is a place
called " Scotch Corner" at the head of a ravine in the mountain
side, about two miles N.W. of this place, but I am told that it
has received that name only within memory.

In the church of Ampleforth, three miles hence down the
valley, there is a monumental effigy which I fancy commemorates
a touching incident of that unfortunate day ; at all events it is
one of the most interesting monuments in the county, and it
would be a worthy act, if the Yorkshire Architectural Society
-would cause it to be removed from its dark place in the base of
the tower to a more suitable position. It represents a warrior
wearing a sleeved surcoafc over chain armour which appears at
his wrist and neck : his sword suspended from a belt passing
over his right shoulder : and his hands elevated in prayer. His
head is uncovered, but, instead of resting, as is usual, on a
helmet or a cushion, it is supported on the breast of a lady, the
upper part of whose figure appears, of life-size behind. The

(1) Lelandi Collect., vol. I, p. 2,pag. 446.

(2) Dcem Scriptores, col. 2542.

200 MEMORIALS OF FOUNTAINS ABBEY.

workmanship is of inferior character, but by one of those happy
touches of nature which can reach us across the dark gulf of the
past, the sculptor recalls such an office of affection as Scott pic-
tures Clare to have rendered to Marmion on the field of Flodden :

' " Is it the hand of Clai-e," he said,
" Or injured Constance, bathes my head ?"

Then, as remembrance rose,
" Speak not to me of shrift or prayer !

I must redress her woes.
Short space, few words, are mine to spare ;
Forgive and listen, gentle Clare ! " '

I cannot enter now even into a general account of the dona-
tions which were made to the monastery. These are enumerated
in Dr. Burton's Monasticon Eboracense^ from a chartulary or
register whose owner is not mentioned. Nearly all the original
sealed charters have perished. A chestfull of them was blown
up when St. Mary's tower at York was destroyed, on the 16th
June, 1644 ; the greatest part of the rest may have shared a
somewhat similar fate. Within the last seven years a boxfull of
them, comprising the royal grants of franchise, with fine pendent
seals, were adveitised for sale by a bookseller at Bristol. They
did not immediately find a purchaser, and I ceased to hope that
they would find a resting place in Yorkshire. About two years
ago, however, as I was conversing one day with the bookbinder
of the British Museum on his method of restoring mutilated
documents, he shewed me a charred mass of parchment and wax
which appeared to defy even his extraordinary skill ; it was all
that a fire on the bookseller's premises had spared of his By laud
charters.

Several of the manuscript books which belonged to the library
here have been preserved, and four of them are fortunately in
the British Museum. The Harleian MS. 3641, which was res-
cued by Harley from the hands of some ignorant persons in
London, in the year 1716, is a beautiful folio copy of the
twelfth century, slightly deficient at the end of William of
Malmesbury's De Gentis Pontijicum Anglorum^ inscribed on the
first page, " Liber Sanctce MaricR de Bellelanda" A similar
inscription will be found on the dorse of the 112th folio of the
Cotton MS. Julius, A. xi. a collection, in small quarto, of
several historical and biographical works, the titles of which will
be found in the printed catalogue. It once belonged to Lord
Burghley, and was given to the Cotton Library, in 1609, by Mr.
Henry Savell. There is internal evidence that the Royal MS. 5

(I) Mon. bor.,pp. 328340.

APPENDIX. 201

E. xxii., an octavo volume containing eight treatises of Gregory
Nazianzen, transcribed in the twelfth century, belonged to
Byland ; and the like with reference to the Royal MS. 8 F. xv.,
a quarto of equal antiquity, in which will be found eighty-three
Epistles of St. Bernard, his Apologia de vita et moribus
lleligiosorurri) and Petri Abelardi Hwresium Capitula. Among
the collection of manuscripts formed by several members of the
Savile family, and dispersed by sale in 1861, was a splendid
vellum folio of the thirteenth century, inscribed on the top of
the first leaf, " Liber Sanctce Marice de Bellelanda" It con-
tained Bede's Opusculum in Librum Actauin Apostolorurn, with
his Exposition of the Canonical Epistles of the Apostles St.
James, St. Peter, St. John, and St. Jude. In the catalogue it is
described as written u by an English scribe, with painted capitals,
in the original oak boards, covered with ox-hide, having brass
knobs to protect the hair."

At the time of the suppression of the lesser monasteries, the
Abbey of Byland and its possessions and privileges were vested
in the crown by the operation of the statute 27th Hen. 8, c. 28 ;
but it was re-founded by the king, with some other houses, by
letters patent, dated 80th January, 1536. The hopes of the
monks, however, were revived only to be extinguished ; for they
surrendered the house and all its estates to Henry the Eighth, on
the 30th of November, 1538. The deed of conveyance is still
preserved in the Public Record Office, bearing the signatures of
John AJlanbridge the abbot and twenty-four of his brethren, but
the seal is lost. The last abbot was living, and in the enjoyment
of a pension of 50 per annum, in the year 1553.

When the house was dismantled, the king's commissioners
obtained from it seven bells, 516 ounces of plate, and 100 fother
of lead from the roofs and windows. 1 The net annual rental of
its lands then amounted to 238 9s. 4d. 2

The site of the abbey and many of the adjacent granges and
demesne lands were sold by King Henry VIII., 3 on the 22nd
September, 1540, to Sir William Pickering, of a family that h/id
been connected with the service of the E-irls of Northumberland,
and resident at Oswaldkirk. He did not livo to enjoy them long,
for he died on the 20th of May, 1542 ; 4 and when his son,
another Sir William Pickering, died in the reign of Queen
Elizabeth, he was childless, and his estates passed, by his sister,

(1 ) Hnrl. J/S.9., 604, fnl. 106.

('2) Val. &<[., vol. 5, )>. I):!.

(3) Rotul. Pol., :>,> Hen. 8. p. ft.

(4) Jng. post mortem, 34 iltn. {>. William, his son and heir, was then twenty-four years old.

202 MEMORIALS OF FOUNTAINS ABBEY.

into another family. The ruins and many of the lands have long
been in the possession of the Stapyltons of Myton.

I will now speak of the Ruins of the Abbey.

Before it was delivered into the hands of its merciless spoilers,
the church of Byland must unquestionably have ranked among
the most elegant and admirable structures of Yorkshire. In
amplitude of dimensions it stood in the first rank of conventual
churches. In the scientific character and simple dignity of its
design, and the harmonious' distribution and detail of its com-
ponent parts, it was exceeded by few or none of them. There
is, indeed, an absence of florid decoration and surface ornament,
arising in some measure from that Constitution of the Cistercian
order which directed that their buildings should be of a modest,
plain, and unambitious character ; but there is obviously ex-
hibited, throughout the whole of the work, such a profound
application of geometrical principles, as to render even the frag-
ments that remain one of the most valuable evidences we possess
in investigating the first development of the Early English style.
They will be found especially so, when the details are studied in
connexion with some other Cistercian churches, subject therefore
to a common restriction. I allude particularly to Jervaux,
where the church was begun in or very soon after the year 1156,
before this work was projected : to Roche, where some of the
work must have been in hand at the same time : and to the choir
and lady-chapel of Fountains, which were begun after this
church must have been completed. A comparison also with the
original portions of the choir and transept of Ripon cathedral,
erected by Roger, Archbishop of York, at a period between the
years 1154 and 1181, will be extremely useful. I am sometimes
inclined to think that the architect of Byland had some conti-
nental model in his eye ; or, at the least, was well acquainted
with the progress of architecture in France and Germany ; and
the supposition may seem the less improbable, when it is remem-
bered that all the Cistercian abbots were bound to attend the
chapter-general of their order held annually at Citeaux, in
Burgundy, about thirty miles S.E. of Rheims ; and had there-
fore continual opportunities of examining and discussing the
merits of buildings of advanced and novel character.

The plan of the church a plain Latin cross presents three
peculiarities which, so far as I have observed, do not occur in
any other Cistercian house in the kingdom. In the first place,
the nave is of an extreme length ; in the second, the transept
has had a western as well as eastern aisle ; and in the third, the

APPKNDIX. 203

choir has had a transverse aisle at its eastern extremity. The
unusual work in the nave and transept has, perhaps, been intro-
duced for the sake of attaining the greatest perfection of design
of which their ground plan was capable. In the enlargement
of the choir, there may have been a purpose of obtaining ample
space for altars against the eastern wall. The necessity of
occupying the choir as soon as practicable, no doubt, caused the
builders to commence operations there, and, so far as we can
judge, they proceeded according to the original plan, modifying
some minor details, until they reached the west end of the nave,
when they appear to have altered their first design for that
facade. I am inclined to this conjecture by the difference we
see in the treatment of the extremities both externally and
internally of the north and south aisles. The southern, and as
I suppose the older one, has a round-headed doorway flanked by
three shafts with plain capitals, and is enclosed, inside, under an
arch of similar shape. Then come the corbels of the Galilee
roof, inserted at a much lower level than those in the main body
and north wing of the facade, and above these is a round-headed
window like those in the lateral walls of the aisles, but of less
size. The buttress also which divides the end of the south aisle
from the central compartment is wider than that at the opposite
side, and is also somewhat differently detailed. Now, the door
of the north aisle has & pointed arch, mouldings of the same date
as the chief entrance to the nave, and there is no window above.
It will also be observed that the string course which passes above
the chief entrance is continued only across the north wing. In
the interior, there is no string course over its doorway, but on
the opposite side there is one, which, on account of its position
with reference to the windows, cannot have been prolonged
horizontally from the lateral walls, but which may have been
intended to have been continued under the western tier of lights,
in the original design. In the south-west corner of the south
aisle, the nook shaft of the vaulting rises from a bracket above
the string course of the window sills ; in the opposite corner, the
shaft rises from the floor.

It may escape the notice of a casual observer that the capitals
of the shafts of the central doorway are pla n on the south side,
and foliated on the north. In those of the ( ntrance to the north
aisle, the relative portions of the plain and enriched capitals are
not only reversed but their abaci are also different. Also, that
there are minute but definite indications of the pitch of the cen-
tral gable and of the aisle roofs, and that the underside of the

204 MEMORIALS OF FOUNTAINS ABBEY.

wheel window has been packed in its bed with roofing tiles.

Upon the whole, with reference to the design of this beautiful
facade, it appears to me far less probable that it was prepared in
or before the year 1177, when the monks retired from Stocking
to this place, than that it was adopted when the rest of the church
had been completed. At the earlier period, though a tier of lan-
cet lights with dog-tooth mouldings surmounted by a wheel
window might have been projected, I apprehend that a round-
headed doorway would have been introduced within a slight
projection or porch, in the central compartment, and no such
reduplication of the shafts of the arcade above would have
appeared as adds gracefulness to the present structure. How
the architect treated a gabled extremity at the earlier period may
be seen in an extant engraving of the south end of the transept,
now nearly destroyed.

There has been a Galilee porch attached to the west front of
the nave, as shewn by the corbels for the support of its roof. It
was in existence in the year 1426, when one Win. Tirplady
desired, in his will, to be buried in the Galilee of St. Mary's
Abbey at By land.

I have not besn able to obtain access to the wheel window in
the gable, but by measuring a corresponding space on the ground
below, I find that it is not less than twenty-six feet in diameter,
and therefore probably as large as any coeval specimen of its
kind that is known. So far as I can observe, there have been
no mullions or spokes connected with the portions of the lower
half that remains. May it have been that the glass was enclosed
in a wooden rim or frame like those of the lights of the choir,
and that there were radiating spokes attached to it of the same
material ?

The nave has been two hundred feet in length and seventy feet
in width, leaving a space of thirty-eight feet nine inches for the
central part. Though the inner or main walls have perished, it
is still possible, by a careful examination of the fragments which
remain attached to the western wall, and a comparison of them
with the south-east angle of the transept, to acquire a tolerably
accurate idea of its former appearance. Eleven windows in its
still perfect north aisle, and the intervening vaulting shafts of
the roof, suggest the idea that it was divided in lengtJi into twelve
bays or compartments. The responds, at the west end, shew
that each side was divided in height into three stages ; an arcade,
a triforium, and a clerestory .

The bases of all the pillars on each side of the nave are either

APPENDIX. 205

destroyed or buried beneath the sward ; but their design may be
inferred from the western responds, as well as that of the pillars
with their capitals, and the section and curve of the arohivolt
which they supported.

A string course ran above the arcule and divided it from the
next story, which contained the triforium. It was not customary,
in the earlier Cistercian houses, to introduce a triforium. There
is none at Fountains, none at Kirkstall, none at Buildwas in
Shropshire ; indeed, it his been said that this feature does not
occur in any house of that order ; but here it must have been
well developed, and formed a prominent and striking feature in
the long drawn perspective of the nave. The fragments that are
left in the western extremity are not sufficiently large to enable
me to speak with certainty of its design, but I think that so much
supplementary evidence can be obtained from the triforium of
the transept as to warrant the supposition that each compart-
ment shewed an arcade of three pointed members, resting on
single shafts, the central one pierced through the thickness of the
wall, and probably subdivided. Had we lost the example in the
transept, we might have supposed that the central opening had a
semicircular head, as in the choir and transept of Ripon cathe-
dral and elsewhere ; but as the transept was certainly built before
the nave, we cannot reasonably suppose that, in this part of the
work, the builders would revert to an antiquated form of treat-
ment.

Behind the arcade of the triforium was a vacant space or
passage between the crown of the vaulting of the side aisles and
the roof, the pitch of which may be traced on the north side,
and, on the south side, one of the supporting corbels. On the
north side, a passage from this gallery leads to a staircase in the
turret-buttress at the west end, communicating with the base of
the wheel window and the clerestory ; but, singularly enough, it
opens also, not into the sill, but into the void head of the northern-
most of the west lights of the nave. I cannot imagine what pur-
pose this device may have been intended to serve ; but there is
an horizontal groove in the opposite jamb of the window, on a
level with the base of the doorway, as if to receive a board for the
support of a person occupied there, either in observation of what
was passing below, in or out of the church, or otherwise. In the
southern triforium, there is also a transverse passage from it to
a geometrical staircase in the gable buttress of the west front,
but, at the height of about six steps it has been discontinued, by
design, and has no communication with the wheel window or
clerestory above.

206 MEMORIALS OF FOUNTAINS ABBEY.

Of the design of the clerestory, we may speak with something
like certainty, glancing from its fragments to the corresponding
vestiges in the transept. Like the triforiuni below, each bay has
been apparently divided into an arcade of three pointed members,
the central one having been filled with a lancet light. In the
interior, the window would appear between two pointed arches
recessed in the wall, for the purpose of a gallery, and supported
by a detached and an engaged shaft.

Each bay of the triforium and clerestory determined in width
by the span of the arcade below has, no doubt, been divided from
the next by shafts, but whether they have been single, or triple,
or decorated at the extremities, can only be decided by an exam-
ination of the ruins that may be turned up below. Judging from
the space between the vaulting shafts of the aisles, the cross rib
of which would impinge against the centre of the opposite pillar,
I think each bay of the triforium and clerestory was eighteen feet
three inches wide.

Outside, the wall of the clerestory has been finished with a
plain coped parapet, resting on a moulded cornice enriched with
masks or corbels.

The design of the aisles of the nave, together with the plan
and section of the groined vaults can be easily ascertained from
the ruins on the north side. It must be remembered, however,
that the south aisle had, at the least, four windows less than the
north, in consequence of the dormitory and a passage on the west
side of the cloister having abutted on its western extremity. Part
of the doorway which led to the dormitory may still be traced
here, but, a century ago, when this south wall was more perfect,
there was also a way from the church to a passage which was
parallel with the east side of the undercroft of the dormi-
tory.

The transept is 135 feet long and 74 feet wide, including its
side aisles. It had, as I have previously observed, an aisle on the
west as well as one on the east, like the churches of York, Ely,
Winchester, Wells, and Beverley, and those of the Cistercian
houses of Clairvaux and Pontigny in France ; a peculiarity which
caused all the four piers of the central tower to be detached, and
influenced also the elevations of its northern and southern extre-
mities. The elevation of these facades cannot have been exactly
alike, in consequence of the lower part of the south wall having
been attached to a contiguous building. The south end of the
transept remained entire and formed the most prominent feature
in the building, until about forty years ago, when it fell in the

APPENDIX. 207

night. I exhibit a plate of it 1 as it appeared previously ; but a
drawing which I have seen leads me to doubt whether the lower
tier of lights was on a level with the lateral triforium, as here
represented. It is certain, however, that the windows above the
triforium have not had pointed, but semicircular heads. The for-
mer appearance of the lateral walls of the transept is sufficiently
suggested by the ruins that remain.

The central tower, no doubt, produced a much more powerful
effect, internally, by the detachment of the lower part of its piers
than by its external elevation of one square only above the roofs,
which was generally all the display that the Cistercian rule allowed.
The character of the piers may be inferred from the elegant base
that has been uncovered. The arches were probably semicircular,
springing from the base-line of the clerestory, and we may sup-
pose that each of its external faces had two shafted lights,
either with round or lancet heads. On its north side may be seen
the monumental slab of one of the abbots, and supposed, in parti-
cular, to be that of Robert de Helmsley, who was elected in the
year 1370.

We come now to the Choir.

Whether this portion of the church was prolonged, for ritual
purposes, within the structure of the nave cannot at present be
ascertained ; but, if the rubbish was removed, we might perhaps
trace in the bases of the pillars of the nave some such grooves or
indications of a rood screen as appear at Fountains and Kirkstall.
The area of the structural choir, from its junction with the aisle
of the transept to its eastern extremity, is 52ft. 8in. long ; but,
as the last bay, which joined it to the east piers of the tow r er is
wanting, we may add twenty feet to this measurement. It is
70ft. wide, including both its aisles. As I have previously
stated, it has presented the peculiarity of an aisle passing across
the east end. The same feature, I believe, existed (and a dis-
covery made a few days ago tends to confirm my opinion) in the
church of Ripon, erected by Archbishop Roger, which may have
been completed before this work was commenced ; and Professor
Willis supposes that such was the case in the old choir of York
minster, erected by the same prelate. I am not aware that this
arrangement exists in any other English Cistercian house, but
the object was evidently to gain all the space that was available
for the sites of the minor altars ; as was effected shortly after by

(1) A Plan of the Abbey of St. Mary at Byland in the Archdeaconry of Cleveland and Deanery
of Bulmer, N.R. Yorkshire, with a S.E. View. Thos. Atkinson, Ebor.. delin. Published by Rob.
Wilkinson. London, 106. Thisplan, I believe, was prepared for Dr. Burton's Monatticon Eboracense,
about 1758. See his preface, p. xii.

208 MEMORIALS OF FOUNTAINS ABBEY.

the introduction of an eastern transept or chapel of nine altars at
Fountains and Durham. The choir was divided from the side
aisles by four arches on each side, and there were three of lesser
span between the altar-space and the aisle behind. Of the super-
incumbent triforium and clerestory there are no visible remains;
probably they were of a similar character to those of the tran-
sept, with some enrichments. The outer walls of the aisles
much more perfect on the south side, thirty years ago, than now
differ in design, as in the transept, from those of the nave, in
the internal casing of the windows and the plan of the caps of
the vaulting shafts. In the former instances, the outer angle of
the splay is moulded, and the caps are of earlier shape, and semi-
octagons. In the latter, they are plain and semi-cylindrical.
Each of the lateral windows is 15ft. high, and 4ft. 8in. wide ;
the bays in which they are placed being 17ft. 4in. wide. At the
east end, in consequence of the peculiarity of the plan, the bays
are narrower, and the lights five in number. The clerestory of
this facade had, probably, three lights, surmounted by a wheel
window in the gable.

The tesselated floor of the central portion of this eastern aisle
or chapel, which is reported to have been a beautiful work and
in a fine state of preservation, was uncovered many years ago,
but after having escaped, perhaps for six centuries, the envious
tooth of time only to fall a prey to the ignorance and cupidity
of man. It was raised on three steps, each decorated, in front,
with geometrical tesserae. Three altars were also discovered
there. The cover of one, 7ft. Sin. long, and 3ft. 3in. wide, since
removed to My ton, was supposed to have been the slab of the
high altar ; but that object and its platform, I hope, still remain
undisturbed,

The chief offices and domestic buildings of the convent were
placed on the south side of the church, and ranged round the
other sides of the cloister quadrangle. The area of this court
was 145ft. square ; a proportion so unusually large as to exceed
that of any other Cistercian house in Yorkshire, perhaps even
in the kingdom ; but occasioned, in one direction, by the equally
unusual length of the nave of the church. It appears, from the
plan which I exhibit, that, a century or more ago, these buildings
were in a less fragmentary and disjointed condition than the}^ are
at present. In the few observations I have still to make, I will
therefore avail myself of its assistance, and, if by chance, I speak
of objects that are not now visible, you must understand that this
is my authority. All these buildings are of the very plainest

APPENDIX. 309

character, and, probably after the completion of the church, super-
seded erections of wood and plaster.

Those parts of the cloister court that were bounded by the
south side of the nave and the west aisle of the south transept are
now rased to the ground. Passing to the eastern range of build-
ings, we come first to the site of the vestry, abutting on the tran-
sept, the elevation of which, therefore, must have required a
different treatment from that applied to such cathedral and colle-
giate churches as were disengaged from conventual offices. In
its present state, all that can be said of it is that it has communi-
cated with the staircase in the transept, and necessarily with the
church, and that it was 33ft. long and 13ft. wide.

The Chapter-house adjoined the vestry on the south. It
opened from the cloister alley by three arches, and was about 53ft.
in length and 40ft. in width. It was a custom of the Cistercian
monks, exemplified at Fountains, Jervaux, Tintern, Netley,
Beaulieu, and Buildwas, to divide this apartment into three aisles ;
and here, though the mere space did not need such an arrange-
ment, it probably was not dispensed with. The supposition,
indeed, is supported by the fact that, in the chapter house of
Jervaux, which is but 48ft. long and 35ft. wide, such a division
is made by three pillars on each side. In consequence of its
enclosed position, the light most have been admitted from the
east, most likely by three windows, and by another in each of
the eastern extremities of the lateral walls which projected beyond
the adjacent buildings. This design may still be seen at Jervaux.
In the old plan there are indications of a recess in the wall, about
6ft. long, below the presumed site of each of these side windows ;
suggesting the idea that they have enclosed tombs. This circum-
stance demands special consideration, and raises the question,
was one of these the burial-place of Roger de Mowbray the
founder ? It is generally believed that he was buried at Byland ;
but, even before the dissolution of the house, the testimony of the
chroniclers was not uniform on the subject. The fullest and
most circumstantial account of his latter days is told in a gene-
alogical history of his family written in the time of king
Henry the: Eighth, and inserted in the Register of Newbrough
Priory. It is printed in the second volume of the Monasticon
Anglicanum, from a copy in the Cotton MSS., Cleopatra, c. Hi.,
folio 301. The writer says, in monkish latin, u This Roger, hav-
ing been signed with the cross, went into the Holy Land, and
was captured there in a great battle by the Saracens. He was
redeemed by the Knights of the Temple, and, worn out with
o. VOL. II.

#10 MEMORIALS OF FOUNTAINS ABBEY.

military services, he returned into England. On his journey, he
found a dragon fighting with a lion in a valley called Saranel,
when he slew the dragon, and the lion followed him into England,
and to his castle at Hood." He lived fifteen years afterward,
died in a good old age, and was buried 'in Bellalaiida, in quadam
fornace in muro Capituli, ex parte australi, juxta matrem suam
Gundredam, et supra sepulchrum ejus depictus est gladius lapide
insignitus, ubi nemo positus est in presentem diem.' ' Another
history of the Mowbrays, formerly among the monastic papers
in St. Mary's tower, York, and brought thither, I fancy, from
Byland, at the dissolution of the abbey, contradicts this state-
ment about his burial-place, and says " Hie cruce signatus ivit
in terrain sanctam, et captus a Saracenis, redemptus est per mili-
tiam Templi, et mortuus in terra sancta, sepultus est apud 8ure#"
meaning thereby, I presume, in Syria. As many passages, and
even whole sentences in this latter document are found in the
former, this discrepancy is the more remarkable. The document
that was in St. Mary's tower may also have been of higher anti-
quity than the other, as the narrative is continued only to the
end of the thirteenth century. I have not yet exactly discovered
when Roger de Mowbray died, but it is certain that he was taken
prisoner at the battle of Hillin.

But let the chronicles be received as they may, it has been
universally believed in Yorkshire, for the last forty-six years,
that Roger de Mowbray was not only buried in Byland, but that
in the year 1818 his remains were exhumed here by the late-
Mr. Martin Stapylton guided to the place by "ancient MSS."
and removed to Myton, where they were re-interred in the
churchyard. I do not know the value of his MS. evidences, but
at all events, it is evident that the skeleton which was accidentally
found by his workmen, under the floor of the north-west part of the-
chapter house after several futile searches outside the wails of
that apartment could not have been that of the man who,
according to the only known chronicler who gives his sepulchre
at Byland, was buried within its south wall.

But time urges ; and as the rest of the conventual offices are-
better explained in the plan that I exhibit than by any narrative
I could adopt, I must forbear to trespass longer on your attention*

APPENDIX. 311

XI. A GENEALOGICAL AND BIOGRAPHICAL MEMOIR OF THE LORDS
OF STUDLEY, IN YORKSHIRE. 1 BY JOHN RICHARD WALBRAN,
HONORARY MEMBER OF THE OXFORD UNIVERSITY GENEALOGICAL

AND HERALDIC SOCIETY. Ripon : Printed by William
Harrison, 1841.

Quamvis obstet mihi tarda vetustas,
Multaque me fugiant primis spectata sub annis,
Plura tamen memini.

Ovid, Metam., XII, 152.

In the year 1180, RICHARD LE ALEMAN was lord of Studley,
and also of a moiety of the manor of Linton, in Craven. He was
succeeded by his son,

WALTER LE ALEMAN, who gave to the Monks of Foun-
tains, and all that belonged to them, free passage over his lands
there, and also his lands in Swanley. 2 William his brother, also
gave them two carucates of land in Horton. He had also
another brother, John. Walter was succeeded by his son,

SIR JOHN LE ALEMAN, knight, who was living in 1229,
and, in that year presented Walter de Hedon to his mediety of
the rectory of Linton, in Craven, 3 He gave his mill at Malham
to Fountains, for elemosynary purposes, and was otherwise a
considerable benefactor to the monastery. In October, 1233,
Archbishop Gray gave the land and heir of John le Aleman to
his brother, Sir Robert Gray. (Kirkby** Inquest, ed. Surtees
Soc. 422.) By his wife, Alice, who after his death married
William de Hebbeden, he had issue a son, of whom nothing
further is known than that his only daughter and heiress,
ISABEL LE ALEMAN, married,

JOHN LE GRAS Le Crassus, or Le Gardus, who became,
in her right, lord of Studley. He was living in 1251, and in
that year presented John le Gras, probably his nephew, to his
moiety of Linton rectory. He had issue, by the heiress of
Aleman,

SIR JOHN LE GRAS, knight, lord of Studley, &c. jure
matris, who in 1310 presented Simon le Gras, then an acolyte,
to his rnt'diety before mentioned ; and, in 1316, William le Gras
to the same benefice. 4 In the Will of Sir William Vavasour of
Hazlewood, dated "die Jovis prox' post festum Sancti Gregorii

(1) The following pages are the substance of information collected by the Author from
MSS., and other authentic sources, and forming part of the materials for a History of the Wapen-
take of Clare, and Liberty of Ripon, on which he is engaged. Some imperfect notices of the
Tempests iuive been already published ; and an outline, or abstract of the whole Genealogy was
inserted in the Studley Guide, in 1837.

Twenty copies have been printed, and those only for private distribution.

(-2) Burton's Mon. Ebor.

(3) Torre's Catalogue in Hist. Craven, 461.

(4) Torre, ut supra.

312 MEMORIALS OF FOUNTAINS ABBEY.

Papsp, 1311, "' is the bequest of a gold ring to his wife Paulina
le Gras. He was concerned in the murder of Peter de Gaves-
ton, and had a pardon for his share in it dated October 16th,
1313, (Rijmers Fcedera). On December 18th, 1317, he did
homage to the Archbishop of York for his lands at Ripon.
(Kirkby's Inquest, 411.) His only daughter and heiress, Isabel
le Gras, married, according to the usually received account,

SIR RICHARD TEMPEST, knight, second son of Richard
Tempest, of Bracewell, in Craven, who thus became lord of
Studley and other possessions, jure uxoris; but there appears
some confusion, or perhaps deficiency in this statement. It has
been said, though we have seen no proofs of the assertion, that
this Isabel was the daughter and heiress of Sir Hugh Clitheroe,
by Elizabeth his wife, daughter and heiress of Sir John le Gras.

From a passage extracted by Dr. Whitaker from Dodsworth's
MSS., 2 it would not only seem that she had a sister, who, though
married, died without issue ; but that she herself had a former
husband, who had (by her) died childless also. u Seventeenth
Edward III, between Sir Thomas Burn, knt., and Isabel his
wife, plaintiffs ; and Sir William de la Pole, knt., and Katherine
his wife, defendants ; of the manors of Stodelay and Lmton, in
Craven, &c., and the advowson of a moiety of the church of the
said manor of Linton, whereby the said Sir William and Kathe-
rine remitted whatever right they had in the said manors, &c., for
the lives of the said Sir William and Katherine to the said Sir
Thomas and Isabel, and to the heirs of the said Isabel for ever."

Between this time and 1382 she must hive been married to
and become the widow of Tempest, for in that year, according
to the Catalogue of Institutions to the two moieties of Linton
rectory, extracted by the indefatigable and accurate Mr. Torre
from the Archiepiscopal Registers at York, she presented to her
mediety thereof, by the name of D'na Isabella, quondam ?/,/.'
jK-ic'i Tempest, miV.

There is some discrepance in the pedigrees of Tempest, of
Bracewell, touching this Isabel, which requires no explanations or
comment here, for it is quite certain that the estates were inher-
ited through her, and that is all that is necessary to be proved. 3

In the year 1379 this Lady Isabel Tempest was enfeoffed of
the manor of Treiford hill, in the county of Durham, of which
she died seised, in 1421, when it descended to her son. Inq. p.
m., 23rd Oct., 1422.

(1) Reg. Kellawe, Ep. Dunelm. Surtees Soc. Wills, i. 16.

(2) Vol. i., p. 23 : Final Concords 4-51 Edward III.

(3) It must be confessed that neither the genealogy of the Tempests, nor the earlier part of
that of Mallory is satisfactory.

APPENDIX. 313

SIR WILLIAM TEMPEST, of Studley, knight, jure matris,
was upwards of thirty years of age at his mother's death. He
had been knighted before the year 1409, and married Elenor,
only daughter and heiress of Sir William Washington, of Wash-
ington, in the county of Durham, by Margaret, his wife,
daughter and coheiress of John Morvill. 1 They were cousins,
being related to each other in the 3rd and 4th degrees, but their
marriage was legalized by dispensation from the Archbishop of
York, Oct. 20th, 1409, long after they had been married, and
children born to them. (Test. Ebor., iii., 319). She died Jan.
2nd, 1451, and was then found seised of half of the manor of
Washington. 2 They had issue William and

Rowland Tempest, of Holmside, in the county of
Durham. He had certain lands given to him by his
brother William, 18th Henry VI. , 1440 ; and, by Isabel
his wife, daughter and coheiress of Elizabeth wife of
William Elmden, had issue Robert, from whom descended
the Tempests of Holmside, afterwards of Whaddon, in
Cambridgeshire, and Cran brook, in Kent, who were re-
presented about twenty years ago by John Tempest,
esq., of the latter place, and the Tempests of Stella, in
the county of Durham, Baronets, now extinct in the
male line. 3

In 1436 Sir William held lands in Hartforth, near Richmond,
of John, duke of Bedford, by the fourth part of a knight s fee. 4
They were probably brought into the family by the marriage of
his grandfather, Richard Tempest, with Johanna, daughter and
heiress of Thomas Hartforth, of Hartforth, who was owner of
the Stainton property. 5

WILLIAM TEMPEST, of Studley, esq., eldest son and heir,
enjoyed his inheritance but a short time. He died January
4th, 1444, 6 and the inquisition taken after his death will enable us
to form some idea of the extent of the property of the family at
that time. It appears he had possessions if not the manorial
rights in Hetton, Stainton, air! Appleton Parva; the manors
of Studley, Hartforth, and Linton in Craven ; two messuages,
two tofts, and a close containing two acres, in Richmond, a
messuage and twenty acres of land in Hartforth and Walk-
bourne, which, together with two cottages and three acres of

(1) Dodsworth's MSS., vol. lix. fol. 244, in Bibl. Bodl., Oxon.

('_') Iriq. p. m., 24th January, xiv. Neville. 1451.

(3) St. George's Visitation, Co. Durham, 1615, and Surtees.

(4) Inq. p. m. Johannis Ducis Bedford, 1446. it 36-Oal. 4. p. 169.

(5) Dodsworth's MSS., lix., fol. 244.

(6) Inq. p. m., in Co. Durham, 10 October, vii. Neville.

314 MEMOEIALS OF FOUNTAINS ABBEY.

land in Gilling, were held of the Honor of Richmond ; ten mes-
suages in Ripon^ and two messuages and sixty acres of land in
Studley. 1 All in the county of York. He was also seised of
the manor of Trefford, in the county of Durham, which was held
by the fourth part of a knight's service, suit at the manor court
of Coatham Mundeville once in three weeks, and a pair of gloves,
or 12d. in lieu of them, at the feast of St. Mary Magdalen. 2
The name of his wife is not recorded. He left issue one son,
John, then two years old, but who died soon after ; and two
daughters who then became his coheirs.

Isabel, the eldest daughter, married Richard Norton,

of Norton Conyers, esq., and died before the year

1451, 3 leaving her son, Sir John, then twenty-six years

of age, her heir.

Dionisia, the younger daughter, married William

Mallory, of Hutton Conyers, esq., and was thirty-six

years of age, 24th of October, 1451.

The following document shews what was her share of

her paternal estates.

On September 4th, 1452, John Lound, clerk, Eobert Danby, Ranulph
Pygot, William Heron. Robert Ingleton, and Richard Weltden (the feoffees of
Sir Wm. Tempest) make over to Dionisia the wife of Wm. Mallore, esq., sister
and heir of Wm. Tempest, esq., the son and heir of Wm. Tempest, knight, the
manors of Studley and Linton, co. York, and that of Trafford in the Bishopric
of Durham, with divers lands, etc., in the same places and at Brompton near
Northallerton. Coppedhewyk, Aldfeld, Winkesley Wodhous and Grantley, the
mill of Grantley, five messuages in Westgate in Ripon, and three acres of land
adjoining them, 6s. of annual rent out of the tenements of John Whixley, jun., in
Ripon, 8d. of rent out of the tent of Thomas Clotherholme, 16d. of rent out of
the tent of John Croyser there, and 4d. of rent out of the ten* of Wm. Roche
there, to her and the lawful heirs of her body failing them to John son and
heir of Richard Norton and Isabella the sister and coheir of the said Wm.
Tempest, esq., and his lawful heirs failing them to Roland Tempest, and his
1. h. failing them to Sir John Tempest, kt., and his lawful heirs male then to
right heirs of said Wm. Tempest, esq.

WILLIAM MALLORY, ESQ., who thus became Lord of
Sfcudley, jure uxoris, was the representative of an ancient and
well-allied family. 4 It cannot now be ascertained whence they
originally sprung, though probably, from some of the southern

(1) Inq. p. m. W. Tempest, in Co. Ebor, 22 Hen. VI., n. 29 Cal. v. 4, n. 219.

(2) Surtees' Durham, vol. ii., p. '->'!!.

(3) Inq. p. m. Elenor ux' d'n'i W. Tempest.

(4) Vide Harl. MSS in Bibl. Brit. Mus. 1233. fol. 180b. 1241, fol. 67b. 1420 fol. 55, 248b.
349b. 4630, fol. 377. 6070, f. 240b. Lansdown MS. 900 f. 361b.

Peter Malore (18th Edward I., 1290) married Matilda, d. and coh. of Stephen de Bayhus, and
widow of Elias de Kabayn. He was a knight 33 E. I., 1 305. Rotul. Parl., v. i., p. 44, 179.

Joh'es Mallyore had a grant of free warren at Walton, co. Leicest. and Takebrooke and
Botley, co. War. Rot. Cart. 9th Edw. III., p. ]., n. 10.

Sir Anketir. Mallory held lands in Rutlandshire. Inq. p. m. 6th R. 2. n. 152. Another
Anketin was sheriff of Lincolnshire, 13th R. 2.

APPENDIX. 315

counties, where families of the same name, though bearing
different arms, are often mentioned in records as existing and
holding property in the counties of Bedford, Rutland, Warwick,
Leicester, Cambridge, &c. They became possessed of Button
Couyers by the marriage of Sir Christopher Mallory (son of Sir
Thomas and a daughter of Lord Zouch) with Joan, the daughter
and heiress of Robert Conyers of that place, whose ancestor,
Robert Conyers the representative of the elder branch of the
Sockburn family possessed it 30th Hen. III., 1246, as appears
by his grant of lands there, to the church of St. Peter at York,
in that year. Sir Christopher Mallory had issue Sir William
Mallory, of Button, who, by Katherine, daughter and coheiress
of Ralph Nunwick, of Nunwick, had William Mallory, who, by
Joan, daughter of Sir William Plumpton, of Plumpton, near
Knaresbrough, had William Mallory, before mentioned, who
married Dionisia Tempest, of Studley. After the family had
acquired Studley, it does not appear that they had abandoned
their manor house at Button ; but frequented it occasionally
until the end of the sixteenth century, about which time the pre-
sent building, now used as a farm house, seems to have been
erected. A picturesque gable on the north side, and a richly
ornamented ceiling 1 in a neglected apartment in the south east
wing, remain of this date. Large portions of the rest of the
building have been altered in subsequent repairs, and seem to
confirm the tradition thit the house was set upon, in the Civil
Wars, by a troop of Parliamentarians, in the absence of the
owner, Sir John Mallory, who, from his zeal in the Royal cause,
must indeed, have been particularly obnoxious to them. Several
cannon balls and some weapons of war have also been found in
the fields around. There are also some remains of a rampart of
earth, running at right angles, on the north and west sides of
the garden, which may have formed part of the agger of the
moat to the original structure. The mansion is shaded by a
goodly row of giant sycamores, which give it a pleasing air of
solemnity, and seem still to assert its claims to a rank above that
of an ordinary farm-hold.

Sir Wm. Mallory, knt. was returned as one of the gentry of Cambridgeshire 12th II. 6, 1133.
Anthony Mallory. high sheriff of that county 21 Henry 7., and 10th ami 2:!rJ H. 8. He bore ns
his arniH Or. a lion rampant, gules; collared .... William Mallory high sheriff of the same
county. (> and 17 Eliz.

Richard Mallory, mercer, son of Anthony Mallory. of Papworthams, in the county of
Cambridge, was Lord Mayor of London in 15C4. FULLKK'S WOKTIUKS Now Ed. i. !<;:>.

Richard Mallory (probably the same person) was sheriff of that- rity Sth Phil, and Mitry.

FULLER, ut supra, vol. ii. 96.

(1) The lion of the Mallory's arms is displayed in the compartments ; but without a shield,
and unfortunately without an impalement. The lion, perhaps through the ignorance of tlig
artist, is represented rather salient than rampant.

316 MEMORIALS OF FOUNTAINS ABBEY.

On October 25th, 1458, Archbishop William Booth granted
an oratory for three years to Wm. Mallory, esq., Dionisia his
wife, and their children, (Reg. 204 a.) which privilege was re-
newed to them for the same period, on 17th November, 1467,
(Reg. 57 a.) This was the beginning of the chapel of the"
Blessed Virgin at Studley.

The Will of Mr. Mallory is preserved at York.

In Dei nomine Amen. Ego Willelmus Malliore senior, armiger. Sepelien-
dum in eccles. S. Petri Ripon coram altare B. Mariae. Optimum animal nomine
mortuarii. Lego Johannae filias meae de reddititibus provenientibus de Hoton
juxta Ripon, et Over Dedinsall c marcas. Ad maritagium Margaretae filise
mea c marcas. Volo quod Henricus Malliore, Christoforus Malliore, Georgius
Malliore, and Ricardus Malliore, filii mei. habeant terras, pro termino vitae suae,
ad valenciam xl marcarum. in villis de Lynton in Craven, Brompton, Coppid-
hewyk, Granteley, Wynkysley, Wodehouse, and Hyltcn Flyghan in com. Westm.
quas sunt de jure & hereditate Dionisiaa uxoris mei dicti Willelmi Malliore. Do et
lego monasterio S. Roberti & fratribus suis pro uno obitu pro anima mea vjs.
vijjd. Residuum lego Dionisias uxori meae, Christoforo Malliore and Johanrue
sorori ejus quos facio executores. Dat. 1 May mcccclxxij. Prob. 25 Ap. 1475.
(Reg. Test. Ebor. iv. 125).

William Mallory had, by the heiress of Tempest, seven sons
John, William, Thomas, Christopher, George, Eichard, and
Henry ; and six daughters Margaret, who married Sir John
Constable, of Halsham, knt., and died without issue, Jane,
Isabel, Elizabeth, Joan, and Eleanor.

Of these children I have been able to gather the following
notices. On Jan. 15th, 1485-6, there is a licence for Chr.
Mallory and Isabel Malthouse, of Ripon, to be married in the
chapel of the Blessed Virgin there, without asking of banns.
(Test. Ebor. iii. 350). In 1473, a Chr. Maulore, gen., became
a member of the Corpus Christi Guild at York.

On 13th (blank) 1498, admon. of the effects of Lady Mar-
garet Constable was granted to George and Richard Mallory.
(Reg. Test. Ebor. iii. 333).

In 1506-7, the Will of Richard Mallory was proved by George
Mallory, esq., his brother and executor. (Ripon Chapter Act
Book, 329). In 1475 a Richard Malory, gen., became a mem-
ber of the Corpus Christi Guild at York.

SIR JOHN MALLORY, of Studley, jure matris^ and of Button
Conyers, knt., eldest son and heir, married Isabel, daughter of
Laurence Hamerton, of Hamerton in Craven, and widow of . . .
Radcliff, of Lancashire ; although placed by the herald, Glover,
in his Visitation, as eldest son, and his brother William as second,
it appears doubtful whether the latter was not in reality the elder,
for, in 1475, William Mallory, son and heir of Sir William and

APPENDIX. 317

Dionisia Tempest, held livery of half the manor of Washington ; l
and that he also died without issue, whereby the inheritance
devolved on his nephew, Sir William, son of Sir John for, in
1497, Sir William Mallory had licence to grant his moiety of
that manor aforesaid, and the vill, to his son William Mallory. 2
Sir John had issue three sons William, Robert, and John ; and
one daughter, Joan. His Will is not preserved, but it is evident
that he was the founder of the chantry of St. Wilfrid in Ripon
minster, at which were commemorated the souls of Sir John
Mallory and Elizabeth his wife, 3 Sir William Mallory, knt, and
Joan his wife, and those of their children, Richard llatcliffe and
Agnes his wife, Sir Richard Hamerton, kiit., and Elizabeth his
wife, and John Holm, chaplain. (Ripon Chapter Acts, 320-1).

In 1535, among the disbursements for St. Wilfrid's chantry,
there is a payment of 20s. for the obit of Sir John Mallory, knt.,
the founder. 4

The chantry of St. John the Evangelist in Ripon Minster was
founded about the year 1487, by Elizabeth, widow of Sir John
Mallory, knt. (Ripon Chapter Acts, 282).

SIR WILLIAM MALLORY, of Studley and Hutton, eldest son
and heir, married Joan, daughter of Sir John Constable of
Halsham, by Lora, his wife, daughter of Henry lord Fitzhugh,
to whom her father left by Will, in 1473, the large sum of 500
marks, towards her marriage. (Test. Ebor. iii. 279). It appears
that, in 1475, William Mallory, son and heir of Sir John
Mallory, knt., and heir of William Mallory his grandfather, did
service to the Chapter of Ripon for his lands at Ripon and
Hutton Conyers. (Ripon Chapter Act Book, 246-7). In 1497,
Sir William, his wife, and John his son, became members of the
Corpus Christi Guild at York. 5

Inq. p. m. Sir Wm. Malory, knt., 4th Nov., 15th Hen. VII. (1499), m. 61,
taken at York Castle, 4th Nov. Was seized of the manors of Studley and
Hutton, and being so seized, he granted by his charter the same to Sir Stephen
Hamerton, knt., and his heirs, to fulfil his last Will. The said manor of Studley

(1) Surtees, from Rot. Booth, anno 18 .

(2) Idem, from Rot. Fox, anno 3.

(3) In 1470, Richard Ratclyff, esq., and Eliz. his wife, Wm. Malyore son of the said Eliza-
beth, and Anne his sister, became members of the Corpus Christi Guild at York. Was the follow-
ing person a scion of the family at Studley ?

John Mallory, scholar of Xt's coll., was B.A. 1524, and M.A. 1527. Adopting Protestant
principles, he made himself obnoxious to the bishops, who sent him to Oxford to recant. He bore
his faggot at S. Mary's, and Dr. Richard Smyth, the reader in divinity, proceeded to preach on
the occasion, the church being crowded in every part. Suddenly an alarm of fire being given, a
scene of the wildest confusion ensued. Some were crushed to death, and others much injured.
Mallory finished his penance at S. Frideswide's on the following day. This was in December, 1536.
(Cooper's Ath. Cantab., i. 61).

(4) Valor Eccl., Henry VIII., v. 252.

(5) From the evidence as to the manor of Washington, already quoted, it appears that Sir
William had a son, William ; but Glover, who seems to have perused the family papers, assigns
him but one son.

318 MEMORIALS OF FOUNTAINS ABBEY.

is held of Thomas, archbishop of York, by fealty and rent of 2s., and is worth
annually, ultra reprisas, twenty marks. The manor of Button is held of the
bishop of Durham, by fealty only, and is worth, ultra reprisas, 20. He died
2nd July, 14th Hen. VII. (1498), and John Malory is his next heir, aged 26
years and more.

SIR JOHN MALLORY, of Studley and Button, knt., son and
heir, was four times married. FIRST, to Margaret, daughter of
Edmund Thwaites, of Lund on the Wolds, esq., who mentions
her in his Will. ( Test. jEbor., iv., 177). They had issue one
son, William.

SECONDLY, to Margaret, daughter of Sir Hugh Hastings, of
Fenwick, co. York, to whom her father bequeathed, in 1482, 300
marks for her marriage. (Test. Ebor., iii., 274). By her he
had issue :

1. Christopher Mallory, of Tickhill (although Hop-
kin son says he was son of the third wife) who married
and had Sampson Mallory, only son, who left a Will.

1 March, 1599-1600, Sampson Mallorie, of Rippon Parks, gentleman. To
be buried within the church of Rippon, or elsewhere it shall please Gk>d. To
rny nephew. Esmond Worrall, 10Z. To my neice, Elizabeth Savell, 31. To my
neice, Marie Butho, ol. To my goddaughter, Eliz. Creipling. 6Z. 13s. 4d. To
my cosiug-. Myles Stavely, my gray gelding. To my cosen, William Staveley,
my blacke nagge. The residue to Myles Staveley and Edmond Worrall they
ex rs - John Mallorie, esquyre, supervisor, and I give him for his paynes one
angell. To Francis Staveiey my wyf 20s. Pr. 27 Sept., 1600. (Reg. Test.
Ebor., xxviij., 2076). The testator was buried at Ripon, Aug. 17th, 1600.

Frances, third wife to Thomas Wyrrall of Liversedge,
co. York.

2. Joan Mallory, wife of Thomas Slingsby, of
Scriven, esq., who w r as buried in Knaresb rough church,
Sept. 26th, 1581.

Sir John Mallory's THIRD wife was Elizabeth, daughter of
. . . Reade, of Burkshall in Oxfordshire. The licence for him
to marry her in the chapel of the Blessed Virgin at Studley is
dated on Nov. 24th, 1515. (Test. Ebor., iii., 38).

His FOURTH wife was Anne, 1 daughter of Sir Richard York,
mayor of the Staple at Calais, and a rich merchant at York.
The licence for them to marry, addressed to the curate of Bray-
ton, near Selby, is dated Nov. 29th, 1521. (Test. Ebor., ii'i.,
372). The issue of this marriage was George Mallory, of Tick-
hill castle, esq.

(1) In 1554, Lady Anne Mallory, in compliment to her father, was made free of the city of
York.

APPENDIX. 19

28 Nov., 1580. Nunc. Will George Mallory of Tickhill, esquier. I geve
all that I have unto Elizabeth my wyfe, for all that I have is to litle, savinge
that I do require her to give unto mycosene Anthonie Mallorie twentiemarkes,
and to Sampson Mallory 20/., and 40s. yearely oute of my lease of the demaines
of Tickhill castle. Witnesses, Jervase Werrall, Nicholas Wombwell, gent., etc.
Pr. 16 Feb., 1580, and adm. to Eliz. his widow. (Reg. Test. Ebor., xxii., 5).

His widow was a daughter of Hugh Wyrrall, of Loversal
( Visit. 1585) and made her Will as follows :

24 March, 1592-3, Mrs. Elizabeth Malory, of Tickhill, widowe. To be
buried in the south quere of the parishe church of Tickhill, nighe to my late
husband George Mallory, esquier. To my niec Elizabeth Downes my lease of
all my demaines of Tickhill castle, with rem. to her heirs male, then the rever-
sion to my nephew Robert Swifte, esquier. To my nice, Anne Wentworth,
daughter to my brother Copley, 20/. To my cosin, Gerves Worrall, 101., in con-
sideracion of my promise to give him so much at his mariage. To my nice,
Mary Swift, my goddaughter, 101. To my nice, Margaret Westby, 61. 13*. \d.
To my cosin, Sampson Malory, 201. To Sir Robert Stapleton 201. To my nice
and goddaughter, Anne Savill, 101. To ye pore crepels of mason Dew of Tick-
hill yearly duringe the yeares of my lease 10s. To the poor of Tickhill 51. To
the vicar of Tickhill, S r Aslaby, xj. The residew, my body beinge worshipfully
brought forth, etc., to my trusty and well-beloved nice, Elizabeth Downes.
Pr. 29 Aug., 1593, ad to ex. (Reg. Test. Ebor., xxiv., 143).

Sir John Mallory died in 1527-8, and on his decease the fol-
lowing Inquisition was taken.

Inq. p. m. Sir John Malory, taken at Howden, 20th Oct. 20th Hen. VIII.
He was seized in his demesne as of fee on the day when he died of the manors
of Studley Magna and Hutton Conyers, also of 100 acres of arable land, 30
acres of meadow, 50 acres of pasture, and 30 acres of wood, in Studley Magna
and Hutton ; also of 10 mess., 20 acres of arable land, 10 acres of meadow, 100
of moor and 30 of wood, and 12d. free rent in Grantley ; also of 8 burgages in
Ripon, Studley, and Grantley, and burgages in Ripon held of the archbishop of
York. Hutton held of the manor of Northallerton. The premises in Studley
and Grantley worth 45/. 12s. 8d. per ann., and those in Hutton Conyers 40/.
They say also that John Byrtby of Ripon, chaplain, was seized in demesne as
of fee of a close called Barght Close, in Hutton Conyers, also of 2 water corn
mills there to the use of one William Malory, junior, son and heir of John
Malory, knt., and of his heirs, and that so seized on the 12th of Feby. llth
Edw. IV. (1471-2) he granted the same to the said William Malory, jun.,
Johanna then his wife, and the heirs male of the sd Wm. and Johanna. They
also say that John Darneton, late abbat of Fountains, Mr. Wm. Potman, late
provost of Beverley, John Constable of Halsham, knt., Stephen Hamerton, knt.,
and Brian Rowth, esq., were seized in their demesne as of fee of a close called
le Barght in Hutton Conyers and of the New Close there, and of a mess, and a
bovate of arable land there, etc., to use of Wm. Malory, knt., and his heirs, and
being so seized, by indenture dated 20th Dec. 22nd Edw. IV. (1482) they con-
veyed the same premises to Wm. Malory and Johanna his wife and their heirs.
Another settlement of a moiety of the manor of Nunwick. Other trustees
enfeoffed by Sir John of the manor of Lynton in Craven, namely, Sir George
and Arthur Darcy, Roger Lassels and Richard Norton, esqrs., to the use of
Ann York daughter of Richard York, knt., for her life, in satisfaction of dower
on any part of the inheritance of the said Sir John. The date of this feofft is
not given. Sir John died 23 March 19 Hen. VIII. (1527-8) and Wm. Malory,
esq., his son and next heir, IB now 30 years old and upward.

320 MEMORIALS OF FOUNTAINS ABBEY.

SIR WILLIAM MALLORY, of Studley and Button," knt., eldest
son and heir. He married Jane daughter of Sir John Norton, of
Norton Conyers, knt., by Margaret daughter of Sir Roger Ward
of Givendale, and had issue by her two sons and seven daughters.

Inq. p. m. Wm. Mallory, knt., taken at York Castle 24th Sept. 1st Edw. VI.
(1547). He was seized on the day he died in his demesne as of fee of the
manor of Studley Magna held of the king as of his manor of Ripon by fealty at
rent of 38s. and worth per ann. 40^. Also of 10 mess, a cot. and divers lands
and ten. in Grantley and Winkesley held of the manor of Ripon by fealty only,
and worth per ann. 81. 18s. Gd. : also of 6 mess, and divers closes, lands,
meadows and pastures held of king's manor of Ripon by fealty only and worth
51. : also of one burgage in Ripon held in socage and worth 26,?. 8d. per ann.
The manor of Hutton Conyers and divers lands there, together with 2 mess, and
lands at Brompton. are held of Bp. of Durham as of his manor of Northallerton,

by knight's service, and are worth yearly 1U/. Also of manor of Linton

in Craven, 5 cotages and divers lands held of the king as of his manor of Spof-
forth by knight's service, viz., by 12th part of one knt's fee, and worth per ann.
121. 8s. For his life time he was seized also of a moiety of the manor of Nun-
wick and of divers lands there held of the king as of his manor of Ripon by
service of 6 parts of one knt's fee, and woith 20L, and by writing dated 8th
June, 33d Hen. VIII. (1541) he granted the said 3 manor and prem. in Nunwick
to Wm. Malory his son for the term of his life. Said vVm. Malory died 27
April 1 Edw. VI. (1547) and Chr. Malory his son and heir is now aged 22
years and more.

Sir William Mallory left issue :

1. Christopher Mallory, esq., eldest son and heir.

2. William, heir to his brother.

1. Margaret, married John Conyers of Eaton on
Usk, mother of Christopher Conyers, who married a
sister of the celebrated Cardinal Allen.

2. Catherine, wife of Sir George Radcliffe of Cart-
ington and Dilston in Northumberland, lord of Derwent-
water and lord warden of the East Marches towards
Scotland. He died 31st May, 1588.

3. Anne, wife of Sir William Ingilby of Ripley, knt.,
treasurer of Berwick-on-Tweed. There is a portrait of
him at Ripley castle, where he is represented in armour,
richly inlaid with gold, a small ruff around his neck,
short hair and whiskers, and a beard after the fashion
of the day. Lady Ingilby was interred at Ripley, Feb.
20th, 1587-8. Her husband died on the 23rd of
February, 1577-8, leaving William, his son and heir,
set. 30 and more. This (Sir) William died in 1607, mak-
ing his l lovinge cosen,' Sir John Mallory, the supervisor
of his Will, and leaving him ' ten unitts of gould in
token of my love, to make him a peece of plate of.'

APPENDIX.

4. Elizabeth, married, first, Sir Robert Stapleton
of Wighill, knt., who died in 1557, making William
Mallory, esq., of Studley, his brother-in-law, one of
his executors ; and, secondly, Marmaduke, second son
of Thomas Slingsby of Scriven, esq., mentioned above,
her first cousin of the half blood.

5. Dorothy, married the celebrated Sir George
Bowes of Streatlam in the county of Durham, who
so vigorously withstood the earls of Northumberland
and Westmerland in the rebellion in 1569 ; and
garrisoned and held out Barnardcastle against their
united forces for ten days. He was, by a special com-
mission, appointed marshal north of the Trent, and he
certainly executed the office with dreadful sternness and
severity. The marriage articles of Sir George and his
wife are dated 7th Octr., 20th Henry VIII. By her
(who was his first wife) he had Sir William Bowes,
ambassador to Scotland and treasurer of Berwick, and
other issue.

6. Frances, wife of Ninian Staveley of Ripon
Parks, esq.

7. Joan, second wife of Nicholas Rudston of
Hay ton, esq., and the mother of all his children. 1

(1 ) I throw together in a note the following miscellany.

Maria filia Geo. Mallory bap. 5 Apr. 1576. (Ripon).

April 8, 1585. George Mallorye of Hutton Conyers, yoman, bur. churchyard of St. Peter
and St. Wylfrydc in Rippon. Johan my wife to have half my farmhold in Huton for her widow-
bead, and my sou Wm. the rest, and the whole after the widowhood of my wife. The rest to my
four daughters, Anne, Barbarie, Margaret, and Marie. My son George to have his porcion when
21. (Pr. 3ii Apl., 1586, at Richmond).

1594, June 3. Robert Dyson and Margaret Mallorie nupti.

1597, Aug. 21. Johanna Mallorie vidua de Huton, sep.

1609, Dec. 12. Alicia fil. Geo. Mallorie de Huton bp.

1618, Nov. 23. Geo. Mallory and Isabell Baynes md.

1620, Oct. 8. Geo. s. Geo. M. of Hutton bp.

162-2, July 2!). Thos. s. do bp.

Iti25. Apr. 13. Wm. s. do bp. (All at Ripon).

7th March, 1638-9. George Mallory of Hutton Conyers, yeoman. To be bur. within the col-
legiat churche of St. Peter and St. Wilfrid at Rippon. To my eldest son George Mallory all my
right in my farmhold at Hutton Conyers which I hould under the worshipfull Wm. Mallory,
esquire, to whom I give 10s. in gould, and to my younge master Mr. John Mallory 10s. in gould,
and to my good mistris and landlady Mrs. Mallory 5s. in gould as smalle gifts in signe of my love
unto them. To my son Wm. my farm in Hutton Conyers which I hold under the said Mr. Mallory.
To my son Geo. Mallory a sword which was Mr. Raiphe Mallorye's. To my son Wm. Mallory my
sword which I lent to Wm. Wetherill and his mother. To the poor of Hutton Conyers 2s. 6d.
every Christmas during my lease. To my lovinge freind Themas Bell a litle bay meare in remem-
brance of my love towards him. The rest to Isabell my wife.

Inventory, 30th March, 13!. Sum 148 19s. 10d. He o\ves to Wm. Mallory, esq., 86. To
Mr. Wormley :fO. To Mi-. Crofte 30. To Mrs. Ann Kee 27. To Mr. Pulleyne 20. To. Mr.
Mallory, sen., for rent, 16. To Mrs. Mallory 16. To Alice Pulleyne 10. (Proved at
Richmond).

28 April, 1619. Mem. Will of Mathewe Mallery of Dunswicke, gent. Bur. church or church-
yard of Harcwood. To John Foster of Collingham his gray mare. To Walter Mallory, alias
Strickland, one lame coult. To Robert Godfray a blacko iiagg which he bought of the said
Godffray. To Matthias Garforth, vicar of Harwood. 10s. The res. to Bridgett Mallory his sister.
She ex. 8 May, 161 !), ad. to ex.

There were Mallories living at Dunkswick in the 18th century.

2 Sept.. 16-28. Inv. of Gregory Maliorye of Sedbusk, gent. Foure Englishe bookefi 3s. 4d.
Sum8/. 5e. Id. llth Oct. Adm. to Isabel his widow. (Richmond).

322 MEMORIALS OF FOUNTAINS ABBEY.

CHRISTOPHER MALLORY, ESQ., eldest son and heir of Sir
William Mallory, set. 22 years and more at his father's death.
He married Margery daughter of Sir Christopher Danby of
Thorpe Perrow, by Elizabeth daughter of Richard lord Latimer,
but had no issue. He died young, 23rd March, 1553-4, his
brother, William Mallory, esq., being found by his Inq. post
Mortem to be his next of kin, then being 23 years of age and
more.

SIR WILLIAM MALLORY of Studley and Button, heir to his
brother Christopher. During the Rising of the North in 1569
he took the side of the Crown, giving news and advice to the
Earl of Sussex. In the following year he was appointed High
Steward of Ripon, an office which he seems to have held during
the rest of his life. (Calendar of State Papers, Elizth.) In
1585 Sir William was M.P. for Yorkshire. He was High Sheriff
of the county in 1592, and was exceedingly zealous in the repres-
sion of Popery. (Troubles of our Catholic Forefathers, 3rd
series, pp. 46, 69, 83, 92). In 1575 the Commissioners at York
for Ecclesiastical Causes requested him and Mr. Ralph Tunstall
" to pull downe the gilden tabernacle at Rippoii, breaste lowe,
and the same to be employed to the reparing of the chauncell."
In Nov. 1577, he, with Mr. Wandestbrd and Mr. Lister, was
directed to see that the churchwardens of Ripon did their duty.
The Reformation had made scant progress in the Ripon district,
and Sir William was very keen in advancing it. He was an
exceedingly active and able person. He married Ursula daughter
of George* Gale, esq., of York, master of the Mint there, and
sometime Lord Mayor of that city.. By will, dated 1556, George
Gale gave to his daughter and her husband the 20/. which he had
lent to Chr. Mallory, Sir William's brother. In the following
year Dame Mary Gale bequeathed to her daughter Mallory her
' tablett of golde," and to her goddaughter Jane Mallory her
" flowre of golde wythe the stone in yt, and wythe a lytle chyne
of golde." (York Registry). The issue from this marriage was
a very numerous one.

1. John Mallory, eldest son.

2. William. This is, I believe, Sir William Mallory
of Bishop Auckland, knt., whose effects Philip Mallory
of Norton, clerk, administered to on 26th Oct. 1643.
(Durham Registry). He was a captain in the army,
and was knighted by Charles I. on Feb. 1st, 1642-3.
At the time of his decease he was clerk of the County
Courts at Durham under Bishop Morton.

APPENDIX. 323

Christopher, who was buried in Eipon Minster on
July 2nd, 1598. He came to an untimely end. Accord-
ing to a letter from Queen Elizabeth, preserved among
the Johnstone MSS. at Campsall, it appears that young
Mallory had been in attendance upon his father in
Ireland, and that, as he was returning home, he was
murdered, whilst riding on the highway, by Michael
Cubbedge, servant to Sir Edward York, and a person
of the name of Johnson, who were indicted. (Catalogue
of Hist. MSS., vi.,450).^

George, who was married at Bipon, Oct. 19th, 1603 r
to Frances Dawson. He lived at Hollin Close, and
was interred in the minster on July 7th, 1615.

8 June. 1615. George Mallorie of Rolling close, nere Rippon,. esquier. TV>
be buried in the collegiate church of Rippon, neere the place on the south side
where my ancestors have bene usually buried. To Frances my wife my right
in the manner of Raynton, and my tythes of Raynton, Ascenby,. alias Azenbie,.
and Newby, in as ample manner as S* William Mallorie, knt., my late father,
had them ; nevertheless my will is that if my loveing nephie William Mallorie,.
esq.. shall secure to the said Frances or her exrs the sum of 7SI. 3s. 4d. yearly,
he shall have them. I give til. 13s. 4-d. to be lent from yeare to yeare for ever
to some twoe poore tradesmen of Rippon on securitie. and after as my wief
dureing her liefe, with the consent of the deane or prebendarie residensarie,
shall think fitt, and after as the deane or prebendarie residensarie together with
the consent of the overseers for the poore shall lyke of. The residue to my wiefo,
in token of my unfeyned love to her. She ex* and my trustie and well-beloved
brother John Ledgeard, esquier, supervisor. Witnesses : William Mallorie,
George Dawson, Chr. Lyndall, Thos. Smith. Pr. 5 Oct., 1615, adm. to ex.
(Reg. Test. Ebor., xxxiii., (575).

June 2nd, 1029. Adm. of Frances Mallorie, alias Dawson, of Warsell, to-
George Dawson of Warsell, gent. ' Fraunces Mallorie vid', gen r , of \\ arsell, bur.
1629.* (Ripon).

Thomas Mallory, B.D., of Cambridge, was instituted
on 27th June, 1599, to the important living of Romald-
kirk in the North Riding of Yorkshire. He also held the
livings of Mobberley and Davenham in Cheshire ; was-
instituted Archdeacon of Richmond, Nov. 6th, 1603 ;
and, on the 25th of July, 1607, was presented to the
Deanery of Chester. By Elizabeth his wife, daughter
of Richard Vauo;han, bishop of Chester, he had a nume-
rous family, jn-cl some of his descendants may still be
traced in Cheshire. 1 He died at Chester, April 3rd,
1644, and was interred in the choir of his cathedral,
where he sleeps without a memorial.

Robert Mallory, about whom we know-nothing save

Ornxrod's Cheshirt. Z> Neve, I., p. 329.

324 MEMORIALS OF FOUNTAINS ABBEY.

the information which is contained in the following
letter (Lansdoum MS., 77), which shews that all Sir
William's care could not prevent one, at least, of his
children from deserting his faith.

My verye good L., as I halve alwaies founde your honorable favors towards
me, whiche maikes me boulde att this tyme, to imparte onto your Lop. a cause
that greves me verye muche ; wch is this, my good Lo., one of my sonnes called
Paberte Mallorye, whome I did seeke to plaice in Lincolne's Inne, whear he haythe
contenewede a studente, since My chel masse last was tow years. In wch
tyme (tyll now of layte) I was in great hope, he should haive reaped some good
frewtes'of his travell, the whiche I was rayther indewced to beleve through the
commendations of my good frende Mr. Rokesbye, and dyvers others of my
acquayntaunce in that plaice. But my sonne-in-law Heughe Bethel being att
Londowne all the last tearme, did dyverse tymes repaire unto his chamber, but
could not att any tyme meet wythe him ; whearupon he did enquier after him
of the stewarde of the house, whoe gay ve him to understande that he thoght
him to be corned downe into the countrye, for t'jat he had soulde the intereste
w c h he had in his chamber, and had put himselfe forthe of commons. At the
same tyme, my sonne Bethell was hear wyth me acquayntinge me wythe soe
mnche as he knewe, I receyved this letter hear inclosid from a sonne of myn,
who haythe contenewed this ten yeares a student in Cambridge. In consider-
inge whearof, yt maikes me greatlye to feare, that my sonne Robarte, should be
carryed awaye from that w hiche of all thinges I was most cairfull to bringe
him, and al the rest to, the trew knowledge of whiche is the trew profession of
the gospell of Jesus Christe : whearfor synce he is neyther comd downe into
the countrye, neyther havingo harde any thinge from him of layt. these causes
maikes me greatlye feare, that, seeing he haythe forgotten his dewtye to
Gode, thai he maye taike that course, whiche may prove an utter undoing to
himselfe, and a great discomforte to me his father : whearfor. yf yt would
please your good Lop. to dow me that speciall favore. as that yf anye means
might be maide to staye him for passinge into further daungers, your
lordship should therbye maik me bounde unto yow for ever : thus humblye
recommendinge my whole service to your Lordshippe, I taike my leave : Hewton
parke, this viijth o f Julye. [1594.]

Your lordphips ever to commaunde,

* W. MALORYE.

Addressed. To the right honorable my very good Lo. the lo. Burleyghe Lo.
treasurer of Inglande gyve these.

Endorsed by G. Burlegh, Secy. CLXXXIL, 8 July, 1594. Sr. Wm. Mallory to
my L. His susppicion yt his sonne Robert Mallory, is become papist beyond
ye seas. Prayes your Lp. order for his stay. Seal indistinct, but traces of
quartet-ings. I see Tempest.

Peter, baptized at Ripon, April 16th, 1576.

Francis. A person of his name was collector of the
customs at Milford soon after the Restoration.

Philip Mallory, vicar of Norton, near Stockton-on-
Tees, was probably another son. He was ejected from
his benefice about the year 16 14, and went to the West
Indies in Prince Rupert's fleet.

Joan, the wife of Sir Thomas Lascelles of Brak en-
bur o-h, near Thirsk, who wasted his estate.

APPENDIX. 325

Anne, second wife of Sir Hugh Bethell of Ellertori,
surveyor to Queen Elizabeth in the East Riding, and
clerk of the peace there. Mother of his only child
Grizell, wife of Sir John Wray, hart.

Dorothy, married Edward Copley of Batley, esq.'K

Eleanor, married Sir Robert Dolman of Pocklington,
22nd Sept., 1579, and died in May, 1623.-K

Julian.

Elizabeth, bap. 1st October, 1573 or 1574, married
John Legard of Ganton, esq., and died June 21st,
1627.^

Frances.

Sir William Mallory, the father of all these children, was
buried at Ripon, 22nd of March, 1602-3. The following are
some extracts from his last Will, which was proved at York.

15 June, 28 Eliz. William Mallory of Hutton Conyers, knight. To George
Mallory my sonne one anuitie of 181. out of my mannor of Washington co.
Duresme. To Thomas Mallory my sonne an annuitie of 19Z. out of the same.
To Chr. Mallory my sonne one anuitie of 171. out of my landes of Huton
Conyers. To Robert Mallory my sonne one anuitie of 111. out of the same. To
Francis Mallory my sonne one anuitie of 111. out of my landes of Great Stodeley.
To Anne Mallory my daughter 3001. To Dorothie Mallory my daughter twelve
score pounds. To Julian Mallory my daughter 3001. whereof she haith already
paid unto her 501. to remaine with her mother until she be 20, if she marry
without her mother's consent, she to have but 200 markes, and the other 100
markes to be paid to Elisabeth Mallory my youngest daughter. To John
Mallorie my sonne and heire my lease of the tythe of Raynton, Aisenbie, and
Newby, paying 101. a year to Eliz. my youngest daughter for ten years, and for
her further advancement I rest in the mercy of God and her mother's goodness.
My wife to have the occupacion of all my plate, and after her death it to
remaine to John my sonne if he be living, if not, to Wm Mallorie his sonne.
The res. to Dame Ursula my wife and John my sonne, they xrs. Pr. 5 Apr.
1603, and adm. to John M., Dame Ursula M. being dead. (Reg. Test. Ebor.,
xxix., 3).

SIR JOHN MALLORY, of Studley and Hutton, knt, eldest son
and heir. In 1599 and 1602 he was appointed a member of the
Council in the North. He served in Parliament, as member for
Thirsk in 1601, and in 1603 for Ripon. By indenture, dated
20th March, 2nd James I. (1604), Sir John, Anne his wife,
and William his son and heir, sold the chief messuage or lord-
ship of Trefforth for 360. On the 7th of July, 1613, he joined
in a conveyance with his son and heir, William, and Sir James
Bellingham, and sold to Thos. Caldwell, and John Booth (in
trust for William James, bishop of Durham) for the sum of
4000, all their manors of Washington, and all their rights upon
the great wastes and moors of the bishop of Durham, adjoining
the said lordship on the north,
p. VOL. II.

326

MEMORIALS OF FOUNTAINS ABBEY.

At a time when changes of property were sel Jom thought of
or voluntarily effected, the sale of two of the most ancient estates,
by one member of the family, would imply either a want of pru-
dent management, or some extravagance : but, when we reflect
that Sir John had to make provision for a family of eighteen
children, his father sixteen, and his grandfather eight, all exclu-
sive of his heir, we shall not be at a loss to divine the cause.
Lands, too, were then often leased out for veiy long periods, on
small quit rents, or nominal acknowledgments. Rents also were
frequently paid in produce ; and when it unfortunately happened
that there had been several successive wardships, and a numerous
progeny in the preceding generation all of whom claimed his
hospitality, often and severely the heir was frequently the most
embarassed person in the family.

Sir John married, first, Anne, daughter of William lord Eure
of Witton castle, co. Durham, by Margaret daughter of Sir
Edward Dymoke, of Scrivelsby, knl, and had issue :

1. William Mallory, son and heir.

2. John, bp. at Ripon, 29 Sept, 1579, ob. s. p.
(Visit., 1585).

3. Christopher, bp. Sept. 1, 1580. About this per-
son there are some curious notices in the State Papers
of the time of Charles I. He was a Roman Catholic,
and in the month of August, 1628, was arrested on the
Tower Wharf in London, whilst looking curiously at the
ordnance. He was charged also with inducing a Mr.
Lancaster, a Londoner, to leave his property in trust for
the benefit of the Carthusian monasteries at Mechlin and
Neuport. Soon afterwards the strange story crops up
that Mallory had acted in a play at the house of Sir
John York, of Goulthwaite, in Yorkshire, a convert to
Popery. It is gravely stated that Mallory acted the
part of the devil, and in that character carried off King
James on his back to a supposed hell, alleging that all
Protestants were damned. When Mallory speaks for
himself he denies all share in the play, or in the affair of
Mr. Lancaster. He describes himself as of Ripon, and
says that he had come over to England for his health
after residing for 22 years in the archduchess' country.
He seems to have been detained some little time in
prison.

4. Robert, bp. Jan. 26, 1581, married Catherine,
dau. of Edward A\ T iddrington, esq., of Swinburne,
Northumberland.

APPENDIX. 327

5. Peter, bp. Nov. 3, 1584.

6. Timothy, bp. Apr. 19, 1590.

7. George, bp. May 6, 1591. On 6th of April,
1638, the administration of the effects of George Mallory
of Azerley was granted at York to Robert Becke of the
same place. He seems to have been twice married.
The Wills of his second wife and one of his sons are in
the York Registry. She was a daughter of John Clough
of Skipton Bridge, par. Topcliffe.

3rd August, 1646. Frances Mallorye of Bishopton widowe. To be bur. in
the collegiate church at Rippon, as neare unto my late husband Thomas Daye,
as conveniently may be. To the poore of Rippon, Bondgate, Bishopton and
Azerley 40 out of my estate in Bishopton, Bondgate and Studley Roger. To
my sister Dawson my goods at Azerley except what moneys are in my neece
Dawson's custodye, and except a bedd which I gave to my neece Susanna
Dawson. To my sonne in lawe Mr. John Mallorye to buye him a ring 20s.
To his brother Mr. Henry Mallorye forth of the 200L which was payd unto my
nephew George Dawson, and my nephew ,lohn Withes 20. To George sonne
of my nephew Frances Clough 51. To my nephewe in lawe Mr. Thomas Savile

. To John, George, and William Dawson sonnes of my nephew ....

Cosen Edmund Clough 51. Cosen Ellen Ander . . . Cosen Thornesou
Coates 5s. Res. to nephew George Dawson of Azerley and nephew in law John
Withes, xrs.

Codicil, 26 Oct., 1646. Whereas I Frances Mallory of Azerley am informed
that my sonne in law Mr. Henry Mallorye is deade, I leave the 20 I left to
him to my nephew Gilbert Dawson. [Pr. 14 May, 1647, at York, and adm. to
xrs. She is styled of Azerley.]

18 June, 1673. John Mallory of Ripon, gentleman. To Richard Aldbrough
of Ripon, esq., a third part of Bishopton mill with all soake and sucken
thereto belonging. To Walter Lidster of Ripon, esq., a new sadle hanging in
my chamber. To my cosen Thomas Warcopp my velvet coate. To my cozen
John Warcopp my buffe dublett with silver buttons and my silver belt. To
Mr. Thomas Craven one paire of holster pistolls with the holsters. The rest to
the aforenamed Richard Aldburgh, he exr. {Reg. Test. Ebor., liv., 1306). He
was buried at Ripon, June 20th, 1673.

8. Edward, bp. June 10, 1596. In 1622 a Sir
Edward Mallory of Yorkshire was committed to the
Tower, where he remained for some eight months. The
* country ' opposed his arrest, and many would have
accompanied him if they had been allowed to do so. The
nature of his offence is unknown.

9. Ralph, citizen and draper of London. On 25th
Dec., 1635, a caveat was entered in the court of York
against any proving of the Will, etc., of Ralph Mallory
of Hutton, unless Gilbert Manchin (Machon) of York,
a creditor, is called.

1. Triphena, bp. Aug. 10, 1583. Md. Sept 15,
1610, William Warcop of East Tanfield, gent, and had
issue. He was buried at Kirklington, Apr. 24th, 1649.

328 MEMORIALS OF FOUNTAINS ABBEY.

2. Ursula, bp. March 8th, 1585. Mel. Dec. 23rd,
1613, Sir John Rodes, knt., of Barlbrough, eo. Derby.

3. Troth.

4. Jane, bp. Oct. llth, 1593.

5. Olive, bp. Dec. 5th, 1594. Md. Jan. 17th,
1618-9, Thomas Best, esq., of Middleton Quernhow,
M.P. for Ripon. She was buried at Wath, June 16th,
1654.

6. Jane, bp. l)ec. 5th, 1594, a twin with Olive.
Bur. at Ripon, August 17th, 1672.

.Sir John's first wife was buried at Ripon, 30th April, 1627.
He married, secondly, Troth, daughter of Sir William Tyrwhitt,
of Scotter, co. Lincoln, by Isabella, daughter of William
Girlington of Normanby. Her first husband was Sir Godfrey
Foljambe, of Aldwark, co. York, who died 22nd Dec., 1585.
By deed, dated 1602, she gave the rent of 7a. 2r. 19p. of land,
and three rent charges, amounting together to 10 per annum,
among the poor of Rotherham and eight other adjoining town-
ships.

June 12, 1616. Dame Trothe Mallorye of Aldwarke, par. Egglesfeild,
widowe. To be bnr. in the parish church of Chusterfeild in the county of
Barbie by my most deare and lovinge husband Sir Godfrey Foljambe of Walton
kt. To my nephew William Dalton ene gilt bowle without a cover, which my
brother Sir Robert Tirwhytte gave unto me at the day of his death. To my
nephew Robert Tirwhytte of Twigmore 201. To my nephew Thomas Tirwhitt
lol. To my neece Ann Tirwhitt of Cameringham my owne wearinge chayne of
gould. To my neece Trothe Tirwhitt e the diamond that my sister Meres gave
unto me at her death.i To my neece Nevyle 102. to buy her a jewyll. To my
neece Isabell 10/. to buy her a jewyll. To my neece Trothe Nuber 20Z. To
Mr. Hubbard 201. To Mr. Goodwyne my litle silver kann parcell gwylt. To
Mrs. Goodwynne his wife one silver tunn parcell gwylte. To my servante
Thomas Lawson and Margt. his wife 1002. if they continue in my service till
the tyme of my deathe. To Humphrey Goodwyne one litle silver bowell graven.
To Charles Lawghton my servante one other silver bowle graven and fellowe
to the other both lately bought. Servants. Forasmuch as these my worldly
goodes were given to me to the end that I should distribute some parte thereof
to the necessitie of the poore, lame, blind, and comfortless, and although I have
given alreadie some parte thereof and that in reasonable measure, viz., 100Z. to
the poore within the parishes of Rotherham, Ramnarsh and Egglesfield, thinke-
inge it better in these cases of charitee to worke some goode whilest I lived
than to have all done after my death by my xr.. I give 100Z. more to the same

. Res. to my nephew Robert Tvrrwhitte of Cameringham, he exr. Pr. 7

May, 1617. Adm. to ex. (Reg. Test. JEbor., xxxiv., 442).

It is not known when Sir John died, but in the published
poems (4to, 1621) of John Ashmore, master of Ripon school,
there are two which refer to him.

(1) By Will dated 23rd Jan., 1604-5, Faith Meeres of Aldwark, widowe, left "to my loving
aster, the ladie Mallorie, the best ring I have, having three dy.imonds in it. To Margaret
Calverley, my lady Mallorie's gentlewoman, 61. 13s, 4d." Her first husband was Ambrose Sutton,

APPENDIX. 329

To SIR JOHN MALLORY, KNIGHT, AFTER HIS RECOVERY FROM A

GREAT SICKNESS.

Of late, when sickness on thy limbs did seise,
Which physick's skill could nothing help or ease,
And with an Habeas Corpus death was prest,
With Non Omittas, reddy thee t' arrest ;

Each corner of thy house was fild with wo,
And sense-distracting grief ran to and fro.

Which heard, the cry oth' poor about thy gates,
So shak't the doors of th' adamantine Fates,
That by their page th' a Supersedeas sent
To death, to shew th' had altered their intent.

For, if we take him, one of them did say,
How many will with hunger pine away !

When Sir John died, the same poet broke out into Latin
verse in the form of a Dialogue between the Ure and Skell,
bewailing the decease. Of this there is an English version.
The first three stanzas of the Latin must suffice.

UR. Die mihi Skelle precor, solitus qui te dare nobis

Lcetum, cur subito solveris in lacrymas ?
An tibi quis liquid as turbavit flumine lymphas,
An dilecta tibi Nympha proterva fuit ?

SK. Non hoc aut illud : gravior me cura fatigat,

Nostraque sollicifo corda dolore premit.
Nonne tibi nota est communis causa doloris ?
Nonne Malorei funera nota tibi ?

UR. An Maloreus obit ? Parcce potuere feroces

Talis, et heu tanti, rumpere Jila mri ?
An Maloreius obit ? Fatorum ferrea jura f
Et nunquam humanis (heu ! ) satiata malis /

WILLIAM MALLORY, ESQ., of Studley and Button, eldest son
and heir, was five years old at the Herald's Visitation in 1585.
He was a justice of the peace for the W. R. of Yorkshire in
1622 ; treasurer for lame soldiers in the same district ; and M.P.
for Ripon in six Parliaments, between 1614 and 1640. In 1599
he was married at Heversham, co. Westmorland, to Alice, second
dau. of James (afterwards Sir James) Bellingham, esq., of Over
Levens (Marr. Lie. at York) by Agnes, dau. of Sir Henry
Curwen of Workington. She was buried at Heversham, 25
May, 1611. They had issue :

1. William, aged nine years in 1612

330 MEMORIALS OF FOUNTAINS ABBEY.

He and his brother John were at Ripon school, and their
master, John Ashmore, honors them with the following verses in
his printed Poems :

To MR. WILLIAM MALLORY, AND HIS DEARE BROTHER JOHN,
THE GENEROUS AND GRACEFULL CHILDREN OF MR. WlLLIAM
MALLORY, ESQUIRE.

See here the map of humane miserie,
The labyrinth that you are entring to,
Full of cross- waies of ambiguitie
Like to Mceander running to and fro ;

Here had you need of Ariadney's clue ;

Which in all doubts will aide and succor you.

By help of it, the Minotaur you'll slay,
(A monster bred of lust and lewd desire).
And, being rid of that perplexed way,
To sweet repose of minde you'll then retire.

Those, that to kill this monster doe not strive,
Shall (peece-meal) be devour'd of him alive.

And may I not, the Palinurus now

That at the helm in a calm river sit,

Of your lanchb frigot, tell what th' heavens foreshowe ?

That happy windes shall still attend on it ;

And that great Neptune, with his azure traine,
Will steer it, till the happy port it gaine.

AD D. GUIL. MALLORY, CUM VIRGILIUM SIBI AURO PULCHRE

ORNATUM DEDERIM.

Hoc (generose puer) tibi do ; majora daturus,

Si non obstaret sors inimica mihi.
Ut tibi quod munus magno majus dare passim,

Virgilio, cujus maxima fama viget ?

ANGL.

This gifte (0 generous childe) I give to thee,
That greater would, if fortune favord me :
But, what gift greater may I to thee give,
Then Virgil great, whose greatest praise doth live ?

He married Mary, dau. of Sir Guy Palmes, knt., of
Lindley, near Otley, by Anne, dau. of Sir Edward
Stafford, knt. They had, I think, a son, John, bp. June
2nd, 1626, and buried at Ripon June 3rd, 1627. On

APPENDIX. 331

Sept. 17th, 1636, his widow administered to his effects,
as William Mallory, jun., gen., of Studley. ( York
Registry). She was interred at Ripon as Mrs. Mary
Mallory, of Button, on March 10th, 1661-2, haying
previously made her last Will and Testament, out of
which I make the following extracts :

March 3, 1661-2. Mary Mallory of Hutton Conyers, widdowe. Tobeburyed
in Rippon minster as neare the bodie of my deare husband as conveniently may
be. To Mrs. Douglas Vaughau my sister 51. To Mrs. Douglas Vaughan my
neiee 20. To Mrs. Susanna Vaughan my neice 201. To. Mr. Guy Leeke my
nephew 201. To Mrs. Jane Mallorye sistt-r of William Mallorye late of Studley,
esq. 51. To all my nephews and neices, the sonnes and daughters of Sir Bryan
Palmes, Sir Thomas Browne, William Leake, esq., and John Vaughan, esq.
(except suche as T have allready given legacies) to every of them 10s to buy a
ringe. To the church of Rippon 101. to be bestowed towardes itts repaire or
ornament accordinge to such directions as I shall leave. To the poore of
Hutton Conyers '31. To the poore of Rippon 71. The rest to James Bellingham of
Upper Levins, esq., my nephew,! he exr., and what advantage he has of his
executorship to be to the sole use and behoofe of Mary Bellingham his daughter,
and, failing her, to Mrs. Elizabeth Bellingham her mother. Mr. Jonathan
Jenings of Rippon, supervisor. {Reg. Test. Ebor., xliv., 257).

2. Thomas, bp. 22nd Dec., 1607, and bur. 4th
March, 1608-9.

3. (Sir) John, one year old in 1612. Bp. 21st
Dec., 1610. ( Visitation of Yorkshire).

1. Anne, bp. Dec. 29th, 1605, bur. 19th Jan.,
1606-7.

2. Alice, bp. 22nd February, 1608-9. Married at
Studley, 22nd Nov., 1627, Richard Aldbrough, esq., of
Aldbrough near Boroughbridge.

Mr. Mallory was buried in Ripon minster on March 4th,
1645-6. His Will was proved at York, and contains some
curious information. Adm. to his effects was granted on the
22nd of June, 1652, to his sister, Jane Mallory of Studley. Hia
Will, proved after the Restoration, runs as follows :

Jan. 9, 1645-6. William Malorye, of Studley, esq. To be buried in Ripon
minster neare unto my auncestors. I am oweing unto my loveing sister Jane
Mallorye 5001., being her portion, which hath long remayned in my hands, and
I am alsoe indebted unto divers other persons, and severall summes of money
for my owne proper debts, amounting to more then my personal estate, which
of late tymes hath beene much impared, will extend to satisfie, my landes, etc.,
in Gawhay to be soulde to pay my debts, and therefore I bequeath them to
my cosen William Ingleby of Ripley, esq., my brother Arthur Aldbrough of
Ellingthorpe, and my cosen William Staveley of North Staynley. esqrs., and my

(1) James Bellingham was husband of Elizabeth Leeke, daughter of William Lceke of
Newark-upon-Trent, by Elizabeth Palmes, sister of the Testatrix ; and therefore nephew by mar-
riage. Her daughter Mary, the youngest of five, was baptized at Ripon, 2 Oct., 1554, and became
the wife of Alexander Johnson of Preston.

332 MEMORIALS OF FOUNTAINS ABBEY.

bror. Wm. Warcopp of East Tanfield, gentleman, to sell, etc., I give to each of
them a 20s. peice of gold to buy them ringes to weare for and in remembrance
of my love to them. To Arthur Aldbrough my grandchilde an annuity of 201.
To Thomas Jackson, my household chaplayne, one annuity of 6Z. 13s. 4d. To
my old servant Richard Adlington an annuity of 61. 1 3s. 4d., all out of my
manner of Hutton Conyers or any other landes as my sonne Sir John Malorye f
knight, shall thinke more convenient. To the rest of my household servantes
a yeare's waige severally. I doubt my whole estate, both reall and personall,
will not extend by farr to satisfie my owne proper due debtes now oweing by
myselfe which I greatly desire to be really and truly discharged and payd ; and
therefore I do now most seriously and earnestly require and charge my said sonne
Sir John Malorye, as ever he loved and respected me, or will regard the earnest
request of his < lying father, and as he being privye hereunto hath promised and
agreed to doe to the best of his power, and as God shall inable him, to discharge
not onely the legacies I give, but alsoe my owne proper debts as the saile of
the sayd landes will not extend to satisfie in hope whereof and in full confi-
dence of my sayd sonne's carefull observance and due performance of these my
last requestes to him, which he hath promised and agreed to performe, I shall
end my dayes more chearfully and goe with lesse sorrowe to my grave, have-
ing thus sett my house in order as well as I may. My sister Jane Malorye exr.
My brother Aldbrough and my cosen Wm Staveley supervisors. (Reg. Test.
., xlviii., 161),

SIR JOHN MALLORY, KNT., eldest surviving son and heir. He
was M.P. for Ripon, 1640 ; and was knighted at Whitehall
Dec. 23rd, 1646. He was also Colonel of a Regiment of
Dragoons, and of the Train Band Foot regiments, in the Wapen-
takes of Staineliffe and Ewecross in the West Riding after the
death of his father who had held that regiment during his life.*
Sir John took an active part in the contentions of the troublous
days in which he lived, and performed several efficient services-
for his royal master. As governor of Skipton castle, he held
that fortress for three years, and during that time brought over
a troop of horse to Ripon, and drove out Sir Thomas Mauleverer
and his men, who had taken possession of the town, and offered
many indignities to the inhabitants ; besides, as was the brutal
custom of their party, defacing and destroying many memorials
of the dead in the collegiate church. Sir John, of course, was a
marked man, and was obliged to lay down as a composition for
his estates the large sum of 2,219.

Sir John died at Studley, and was buried among his ancestors
in Ripon minster on Jan. 24th, 1655-6, the day after his decease.
On Dec. 18th, his widow, Dame Mary Mallory, took out letters
of Administration to his effects, at London. There is a fine full-
length portrait of Sir John and his lady, with Jane, their
daughter, standing between them, at Studley.

By Mary his wife, daughter and coheiress of John Moseley,

(1) Hopkinson's MSS. penes Miss Currer of Eshton. (Trans. Harl. MSS., 4630, fol. 377).

APPENDIX. 333

esq., of York, who survived him forty-six years, and was buried
at Ripon, Jan. 29th, 1701, he had issue : l

William Mallory, only son and heir, bp. about 30th Sept.,
1647 ; died the 9th and was bur. 15th Feb., 1666, s p.

1. Alice, eldest daughter and coheir, bp. 15th April,
1639. She was bur. at Ripon, Nov. 18th, 1660.

2. Mary, bp. Oct. 21, 1640, married Mr. George
Aislabie of York.

3. Elizabeth, bp. 3rd May, 1642. This young
lady, when 14, was the alleged victim to a local witch,
of the name of Mary Wade, and the extraordinary story
of her so-called possession is given in the Depositions
from York Castle, published by the Surtees Soc., pp.
75-8. She survived the vomiting of pins, tow, feathers,
etc., etc., and married Sir Cuthbert Heron of Chipchase,
co. Northumberland, bt., who died in 1688, in which
year Sir John Heron, bt., administered to his effects at
Durham. He had also a son, Cuthbert, whose only dau.
and heiress, Elizabeth, was living in 1705, the wife of
Ralph Jenison, esq., of Elsvvick, and Walworth, in
Northumberland and Durham.

4. Anne, bp. 16th May, bur. 25th of July, 1643.

5. Jane, married Arthur Ingram, esq. of Barrowby,
brother of Henry, first Viscount Irwin, and died Aug.
1693, and was buried at Whitkirk. Her husband sur-
vived her until Sept. 16th, 1713. They had eleven
children.

1. Thomas, the eldest son, married Frances, dau.
and coheir of John Nicholson, of York, M.D. (who
remd. Wood of Copmanthorpe, esq.) and was bur.
at Whitkirk, 24th Feb., 1703-4, having issue:

Arthur Ingram, who died May, 1708.

William, living 1714-19.

Thomas, a posthumous child, died an infant.

Frances.

2. Arthur Ingram, a Turkey merchant, afterwards
of Barrowby, where he died, and was buried at Whit-
kirk, 19th June, 1742. By his wife Elizabeth Barns,

(1) I give some extracts from her Will, which was proved at York.

21 Dec., 1693. Dame Malory, relict of Sir John Malory of Studley, knight. To be decently
buried near my said husband in Ripon minster. To my grandson Arthur Ingram, esq., son of my
son-in-law Arthur Ingram of Barraby, esq., my tythes at Great or Little Askham, co. York, and
my lands, etc., at South Kirby if he die before 21, rem. to my grandson Malory Ingrain, third
son of my sd. son-in-law. Grandson Mr. John Aislabie .V. Granddaughter Dame Mary Robinson
and Mrs. Elizabeth Herne 51. a piece. Res. to my nou-in-law Arthur Ingram he exr. (Pr. 24
July, 1702, by the exr.)

334 MEMORIALS OF FOUNTAINS ABBEY.

he had an only daughter and heiress, who married the
Hon. George Carey, brother to Lord Falkland.
3. Mallory ; 4 Henry ; 5 John, died young.
Of the daughters, Mary and Catherine were unmar-
ried, and Elizabeth (who died in April, 1707, and was
buried at Whitkirk) married Abstrupus Danby, esq.,
of Swinton, whose line expired with the late William
Danby, esq., of that place.

6. Ursula Mallory. bur. at Ripon, 22nd March,
1654-5.

Sir John Mallory was interred in Ripon minster on January
24th, 1654-5. There is a very handsome monument to his
memory in the aisle of the south transept, which bears his arms
Or, a lion rampant, double queue, gules, collared, argent;
impaling, azure, a fess, or, between three trefoils, slipped, ermi-
nois and this inscription :

Here lyeth Sr John Mallorie,

of Great Studley, alias Studley Royall,

in the County of Yorke, kt., a Loyall

Subject to his Prince, whoe marryed

Mary, one of the daughters and Coheires

of John Moseley of ye Citty of Yorke,

esq., & upon ye 23 of January, 16oo,
& in ye 45th yeare of his age departed

thi* life, he had seuen children, six
daughters & one son, William Mallorie,

whoe dyed ye 9th of February, 1666,

and in the 20th yeare of his age, and was

buryed neare this Monument whih ye

Lady Mallorie in ye yeare 1678 in

Memory of her husband & son causid

to be erected.

It is somewhat remarkable that in an age when sepulchral memo-
rials abounded with inflated compliments and fulsome panegyrics
when every soldier was proclaimed a hero, and every divine a
saint that Lady Mallory should have been contented with this
brief and modest memorial of her husband's loyalty, and omitted
all further detail of his exploits and sufferings in the royal cause.
These laudable services were, indeed, commemorated in the
church ; but the memorial was committed to a fragile fabric of
glass, which has now betrayed its trust. In one of the windows
of the north aisle of the nave was his shield of arms, impaling
that of his wife, surmounted by a knight's helm and his crest-^
a horse's head, couped, purp., maned, or. Below was a long
inscription, of which the following unconnected fragments re-
mained until lately :

APPENDIl. 335

. . . . se et . . D. D. D. . . de . chlor . .
sidera Mallory . . Ecclesi . . deli . honoro . Chiliar
Marti defuncti . . Memoria Car. I., A'o D'ni 1664.

In the next window to the east Lord Grantley caused his
achievement to be placed. Among the quarterings are the arms
of Tempest of Studley, Waddington, Washington, etc., which
his lordship bears in right of descent from the younger coheir
of Tempest, and in common with the representatives of the elder
coheir.

Sir John was succeeded by his son,

WILLIAM MALLORY, ESQ., on whose death, in 1664, the estates
passed to his brother-in-law,

GEORGE AISLABIE, ESQ., of the Minster Yard, York, who
married Mary, the eldest surviving daughter and coheir of Sir
John Mallory, was the son of Mr. Robert Aislabie, of Osgodby,
near Selby (who died in 1664) and was baptized at Heming-
brough, 30th Jan., 1617-18. His first wife was the widow of
William Turbutt, esq., of Ripon, by whom he had no issue.
Mr. Aislabie was an active and zealous supporter of the royal
cause a circumstance, of which honourable mention is made in
the grant of armorial bearings, made to him, by Sir Edward
Walker, garter, 25th October, 1663. 1 The coat then assigned
to him was : Gules, three lozenges conjoined in fess, argent,
between three lions' heads erased, or ; and the crest, a lion's
head erased, gules, gorged with three lozenges conjoined in fess,
argent : probably in allusion to an old Durham family of that
name, who bore gules, three lozenges, argent. Archbishop
Frewen appointed him his receiver ; 2 and he held also the office
of principal registrar of the archiepiscopal court of York.
Mr. Aislabie came to his end in a very unfortunate manner.
Miss Mallory, his wife's sister, had been to a party at the Duke
of Buckingham's house on Bishophill, at the close of which she
was escorted home to her brother-in-law, Aislabie's, house, by
Mr. Jonathan Jenings, brother of Sir Edward Jenings of Ripon.
By some mischance they could not get in, and so Mr. Jenings
was obliged to take the lady to the residence of his brother-in-
law, Dr. Watkinson. On the following day Jenings told Aislabie
that it was hard Sir John Mallory's daughter must wait at
George Aislabie's gates and not be admitted. This produced a
quarrel and a challenge, and the two met at Penley Croft, close
to the city, the signal of the meeting being the ringing of the

(1) See Docquet of the grant, ifS. ffarl., 1172, fol. 73.

(2) Frewen's Vindication from Drake's Remarks.

336 MEMORIALS OF FOUNTAINS ABBEY.

minster bell to prayers on a good Sunday morning. Mr. Aislabie
was killed. An account of the transaction was left by Oliver
Heywood, the nonconformist, in his Diary, and the original
Depositions referring to it have been published by the Surtees
Society. No event in Yorkshire in the latter half of that cen-
tury caused so great a sensation. Mr. Jenings was influential
enough to obtain his pardon from the king, but it was long before
the incident was forgotten. Jenings was afterwards knighted,
and prepared for publication a tract entituled " Naked Truth,"
to vindicate his character from the slur which the duel had thrown
upon it, but it never went through the press. The slur remained. 1
Mr. Aislabie left a will, dated 1st May, 25th Car. II. His
remains were interred in York minster, where two brass plates
recorded his death and that of his wife, who survived him but
eight years.

Hie jacet Georgius Aislabie de civitate Ebor, armiger, principalis archie-
piscopatus registrarius, qui obiit decimo die Januarii Anno Domini 1674 to

His widow did not long survive him. She made her will on
June 15th, 1682. [Proved 6th Feb., 1682-3].

" Mary Aislaby, of the city of York, widow, relict and sole executor of the
last will of George Aislaby, late of York, esq. Whereas my late husband by
by his will, dated 1st May, 1674, devised his manors of Button and Nunwick,
the prebend of Nunwick, etc., and his office at York to rne, untill his eldest son
shall be 23, in trust for all his children, and whereas after his death there was
a decree in Chancery whereby the said manors, etc., were and are charged with
a debt of 2035 6s. 8d. to John Moorecroft, gen., and whereas upon the mar-
riage of Mary Aislabye, my eldest daughter, with William Robinson, esq., I
have paid or secured ,3000 in full of her portion. I give the said manors, etc.,
to Wm. Robinson, esq., and Arthur Ingram, esq., uutill my eldest son be 23,
for the maintenance and education of my children unpreferred, and all my
goods. I make them exors. and guardians."

Mrs. Aislabie was buried in York minster, on 5th February,
1682-3. On a blue marble stone was :

" Hie jacet Maria filia Domini Johannis Mallory nuper de Studley, militis,
defuncti, ac nuper uxor Georgii Aislaby de civitate Ebor., armigeri, principalis
archiepiscopi Ebor. registrarii, et jam defuncti, quse obiit xix die Januarii anno
Domini 1682." And over her hangs up in a wooden frame this lozenge escutcheon
of her husband's arms, impaling hers : Gu. 3 lozenges in fess A. inter as many
lions' heads, erased D (Aislabie) 0. a lyon rampant double quivee gu. collared
A. (Mallory). (MS. Torre).

By this lady, who was his second wife, Mr. Aislabie had issue
a large family.

(1) There was an action in the York Consistory Court, brought by Jenings, against Cuthbert
Chambers, alderman of Ripon, for defamation. Some of Jenings's servants had damaged some
rails iu front of Chambers's house, and the irate alderman told their master a bit of his mind.
41 It wd have been better if he had been at church praying God to wash Mr. Aislabie's blood off
his hands instead of pulling up honest men's rails on a Sunday morning."

APPENDIX. 337

1. Mallory, bp. at York minster, 16th Oct., 1667.
He shot himself.

2. George, bp. at Holy Trinity, Goodramgate,
York, 2nd Nov., 1669, and was buried in York minster,
16th Feb., 1675-6.

3. George, eldest surviving son.

4. John, bp. at Holy Trinitv, Goodramgate, York,
7th Dec., 1670.

5. William, director of the East India Company,
died at Bombay, of which he was deputy-governor, Nov.
10th, 1725. He married a daughter of ... Burniston,
governor of Bombay. William Aislabie, their son, had
a son, John, born in London, Nov. 15th, 1729, a captain
in the army, who married Elizabeth, elder daughter of
John and Arabella Scattergood.

1. Mary, born 25 August, 1664, married at Whel-
drake, near York, 8th Sept., 1679, William, afterwards
Sir William Robinson, of Newby-upon-Swale, bart.
More will be said about their descendants afterwards.

There are some very amusing letters published in
the original edition of the Spectator, No. 328, but after-
wards withdrawn, addressed to Sir William Robinson
and a lady, by a respectable Yorkshire gentleman
" Who was in troubel about a Lady" Sir William's " nease"
one of which desires his interference. In his postscript
he says, u I give my to me lady and to Mr. Aysenby,
and to Madam Norton." By Mr. " Aysenby " he pro-
bably meant Mr. Aislabie, brother to Lady Robinson.
Two leters from the enamoured swain to the lady are
printed verbatim et literatim^ below. 1

(1) This is for madam Mary Norton, disforth, Lady, she went to York.

Madam Mary. Deare loving sweet Lady, i hope you are well. Do not go to london. for they
will put you in the numnery ; and heed not Mrs. Lucy what she saith to you, for she will ly and
ceat you. ' Go from to another Place, and we will gate wed so will speed, mind what I write to
you, for if they gate you to london they will keep you there ; and so let us gate wed, and we will
both go, so if you go to london, you rueing yourself, so heed not what none of them saith to you,
let us gate wed, and we shall lie to gader any time, i will do any thing for you to my poore. i
hope the devill will faile them all, for a hellish Company there be, from there cursed trick and
mischeifug ways good lord bless and deliver both you and me. I think to be at York the 24 day.

This is for madam Mary Norton to go to london for a lady that belongs to dishforth.

Madam Mary, i hope you are well, i am soary that you went away from York deare loving sweet
lady, i writt to let you know that i do remain faithfull ; and if can let me know where i can meet
you, i will wed you, and I will do anything to my poor ; for you are a good woman, and will be a
loving misteris. i am in troubel for you, so if you will come to york i will wed you, so with speed
come, and i will have none but you. so, sweet love, heed not what to say to me, and with speed
come ; heed not what none of them say to you ; your maid makes you believe ought.

So deare love think of Mr. george Nillson with speed, i sent you 2 or 3 letters before.

I gave misteris elcock some nots, and they put me in pruson all the night for me pains, and
non knew whear i was, and I did gat cold.

But it is for mrs. Lucy to go a good way from home, for in York and round about she i*
known ; to writ any more her deeds, the same will tell her soul is back within, her corkis stinks
of hell.

March 19th, 1706.

338 MEMORIALS OF FOUNTAINS ABBEY.

Alicia, bp. at Holy Trinity, Goodramgate, York,
26th Nov., 1668.

Anne, buried in York minster, 7th March, 1675-6.
Elizabeth Aislabie, buried in York minster, Oct. 14th,^1746.

1st July, 1746 (pr. 31st Oct ) Elizabeth Aislabie of York, spinster. To
my niece Worsley, the wife of Thomas Worsley, esq., 1001. To my god-
daughter, Ann, dau. of Thomas Worsley, esq., my 5501. capital stock in the
Bank of England. To my nephew, Wm. Aislabie, esq., 2001. To my god-dau.
Ann, dau. of Sir Thos. Robinson, 2001. To my nephew Wm. Aislabie, esq., in
trust for John Aslabie, son of Captain Wm. Aislabie, 400Z., to go, if he die
before 21, to oir Thos, Robinson, knt. of the bath. To my niece Eliz. Robinson
50/. Nephew Wm. Robinson, esq., 101. Niece Mary Robinson 101. and my
silver coffee-pot and water. To the honble. Mrs. Gary and Mrs. Cath. Ingram
51. each, for rings. My maid, Mary Lockwood, 102. The residue to my niece,
Elizth. Humphreys, she exr.

GEORGE AISLABIE, ESQ., was buried at Ripon in 1699. The
property then descended to his next brother,

JOHN AISLABIE, of Studley Royal, esq., eldest surviving son
and heir, was born about 1671. He entered into public life, a
course in which his talents eminently qualified him to excel. In
1695 he was returned to parliament for the borough of Ripou,
together with Jonathan Jennings, esq., nephew to the Sir
Jonathan before mentioned ; and again with him in the next
parliament of 1698. In 1701 Ripon returned him again : next
year he declined the honour, but was not unmindful of the
interests of the town ; for, being then mayor, he rebuilt the
market cross at an expense of upwards of 500 ; beautified the
wakeman's horn, which had been grievously despoiled of its
antique silver ornaments and appendages, during the mayoralty
of Mr. Huuton ; and, besides other presents to the corporation,
gave a large and very handsome silver cup or vase, for the use
of the mayor, who now possesses it. He sat for Ripon in the
memorable parliament of 1705 ; and in those succeeding, in
1708 and 1710, in which latter year he was appointed one of the
six commissioners for executing the office of Lord High Admiral
of Great Britain. In 1713 he was again chosen to represent
his favourite borough ; as he was also in the next year, together
with Christopher Wandesford, esq., of Kirklington, afterwards
Viscount Castlecomer, after a most severe and spirited contest.
In this parliament he was chancellor of the exchequer, from 1718
to 1720, when he resigned the office, and sat no more in the
house; except with his son, William, for Ripon, from 1727 to
1734.

It is unnecessary to say more of his parliamentary career ;
or, to detail those affairs of state which he skilfully managed ;

APPENDIX. 339

of those political transactions in which he was so long engaged :
for, a relation of them would neither be just to his memory and
abilities, nor sufficiently intelligible without entering further into
the general history of the times than the limits of this memoir
will allow.

To have risen from the rank of a country gentleman to one of
the highest and most important offices of state, without any con-
nection with any of those who held the adminstration of affairs,
or any interest except that which the exercise of his own abilities
had created, will induce us to judge favourably of the native
vigour of his understanding and the energy of his character ;
and the more, when we remember that men of his station were
then placed in a very different position, and were engaged in far
different pursuits to what they are at present ; and that they had
fewer and less advantageous opportunities of cultivating their
talents or of acquiring useful knowledge. His speeches, of which
memorials of several are extant, were distinguished by much
perspicuity of thought, justness of reasoning, and extensive
knowledge ; and, though he did not attempt the highest flights
of eloquence, they were conveyed in such a manner as must sel-
dom have failed to convince the judgement, and make a deep and
sensible impression on those to whom they were addressed. But
it was not in the arena of political turmoil alone that Mr. Aislabie's
superior abilities were manifested. After he had exchanged the
charms of ambition for the sincerer pleasures and better occupa-
tions of a country life, he applied himself to the study of an
elegant and delightful art, then little understood and less prac-
tised ; and, of his proficiency therein, so long as the far-famed
pleasure grounds at Studley remain, we shall not require a proof.
These enchanting scenes were projected and commenced as early
as 1720, an era when landscape gardening was in its infancy,
and the practice of introducing large and expensive buildings,
ponds, etc., had scarcely become fashionable. The site was
judiciously chosen in a narrow valley, where the Skell, which
flowed through it, afforded a plentiful supply of water ; without
which, the best arranged and most extensive garden must be,
comparatively, a failure. Everything that fancy could suggest
was included in the design ponds, pyramids, fountains, terraces,
harbours, statues, temples, stately alleys, shady walks, trim par-
terres, and velvet lawns ; with a multitude of quaint and pleasant
conceits, which the taste of those who are contented with nothing
less than a wilderness up to their very doors, may have con-
demned, but which they, who look upon their existing pictorial

340 MEMORIALS OF FOUNTAINS ABBEY.

representations, cannot but regret that they have not been per-
mitted to remain. In addition to these embellishments, he intro-
duced many improvements into his estate, planted much ; added
considerably to the park, and erected a lodge at its entrance ;
rebuilt a great part of the mansion house at Studley, after it had
been destroyed by fire, Dec 25, 1716. In short, appears to have
been what his neighbour, Sir Abstrupus Dauby, of Swinton, is
styled on his gorgeous monument :

"FAMILLE SILE RESTAURATOR."

There is a very splendid full-length painting of him in the

treat hall at Studley. His person appears to have been digni-
ed and commanding ; and there is a certain conviction strikes
the beholder that it is an excellent likeness, and that, too, of no
ordinary character.

In 1720 he presented the corporation of Eipon, of which he
was an alderman, and whose interests he often seems to have
consulted, with the munificent sum of 2000.

In the following years he patronized the races on Ripon
Common, by a gift "in 1722, of 30; in 1723, of 45 ; and in
1724, of 25. On the second occasion, Mrs. Aislabie gave a
silver teapot and canister, of the value of 12 ; and, on the last,
a piece of plate, of the value of 15., to be run for by women.

Mr. Aislabie was twice married. His first wife was Anne,
daughter of Sir William Rawlinson, of Hendon, in the county
of Middlesex ; l but he was deprived of her a few years after, by
a fire, which broke out in his house in London, on Christmas
day, 1701, in which she and her infant daughter perished, by
the hand of a domestic, who perpetrated the foul deed that he
might obtain a casket of jewels, which she had rescued. Her
only son was conveyed unhurt out of an upper window ; but his
nurse, attempting to follow him, fell, and was killed on the spot.

By this lady he had issue, to survive infancy,

1. Wifliam, only son and heir.

2. Mary, married to Edmund Waller, of Beacons-
field, co. Bucks., and London ; and had issue.

3. Jane, married to Sir Henry Slingsby of Scriven,
bart., and died at Beaconsfield, without issue, Mav
31, 1736.

He married, secondly, Judith, daughter of Sir Thos. Yernon,
of London, knt., and many years M.P. for that city, sister to
Elizabeth, wife of Simon Lord Harcourt, Lord High Chancellor

(1) Marr. Settlements dated 2nd June, 1694. Her fortune was JEOOOO.

APPENDIX. 341

of England, and widow of Stephen Waller, esq., LL.D., of
Beaconsfield, co. Bucks.

This eminent man died in 1742, aged 71, and was buried in
the family chapel, in Ripon minster, where a handsome monu-
ment records his age, and the date of his death, with that of
several of his descendants. By will dated June 9th, 1741
(proved at London, 8th July, 1742), he left all his lands, etc.,
to his son William, whom he made his executor, bequeathing
to him also his books and MSS.

In the Vault beneath are deposited Died. Aged.

THE RIGHT HONOURABLE JOHN AISLABIE. 1742 71

He married Anne the Daughter of Sir William
Rawlinson, and had Issue, William, Mary, and
Jane.

William Aislabie, Esq 1781 81

THE RIGHT HONOURABLE LADY ELIZ : j

AISLABIE. Daughter of John Earl of Exeter, V 1733 26

and Wife of William Aislabie, Esquire )

Also four of their Children.

JOHN AISLABIE 1763 40

WILLIAM AISLABIE 1759 30

Jenny Maria, and Judith, who died in their
Infancy.

ELIZABETH AISLABIE, Daughter of Sir Charles )

Vernon, Knight, and Second Wife of William V 1780 58

Aislabie, Esquire )

Also their two Children, Charles Rawlinson
and Belinda, who dyed in their Infancy.

WILLIAM AISLABIE, of Studley, esq., only son and heir, was
born in 1700. On attaining his majority he was elected M.P.
for Ripon, and sat for the borough in every parliament until his
death. He was mayor of Ripon in 1 740 ; and, for many years, one
of the Auditors of his Majesty's Imprest. He was also Principal
Registrar of the Consistory Court of York. He died in Gros-
venor Square, London, May 17th, 1781, and was buried at Ripon.

He had the felicicity of adding to his vast possessions, the
magnificent remains of Fountains Abbey one of the most
renowned of those fair structures, which em the rich valleys of
old England ; and, it is to his liberality and taste, and that of
his descendants, that every man, who has an eye to see and a
heart to feel, is indebted for the preservation of that

" Noble wreck in ruinous perfection."
Q. VOL. II.

342 MEMORIALS OF FOUNTAINS ABBEY.

The contemplation of the beauties of nature, and rural occu-
pations, formed his chief and unceasing delight ; and, it was his
greatest pride, in the wild and romantic scenery of Backfall, to
give to

" The woods a more fanciful bend,

And the vale a more beautiful green."

He married, first, the Lady Elizabeth Cecil, daughter of
John, sixth Earl of Exeter, by Elizabeth his second wife,
daughter and coheiress of Sir John Brownlow, of Belton, co.
Line., bart. She died April 6th, 1733, aged 26, and was buried
at Ripon on the 28th. They had issue,

1. John Aislabie, esq., eldest son and heir apparent,
was born March 6th, 1724-5 : he died unmarried, in
1765, aged 40, and was buried at Ripon. He was of
weak intellect.

2. William Aislabie, esq., born Feb. 18th, 1728-9,
died unmarried in 1759, aged 30.

1. Elizabeth, eldest daughter, and eventually co-
heiress of her father, was born July 12th, 1726. She
married Charles Allanson, esq., of Bramham Biggin, co.
Yorks., but died without issue.

2. Anna Sophia, second daughter and coheiress,
born Sept. 20th, 1727 ; married William Lawrence, esq.,
of Ripon ; and died 28th July, 1802. She was buried
at Kirkby Fleetham, where she is thus commemorated :

This Tablet

is inscribed to the Memory of
Mrs. Anna Sophia Lawrence,

who departed this Life
on the 28th day of July, Anno Domini 1802,

in the 75th year of her Age.
Her Remains lie buried near those of

her Husband and Son ;

in commemoration of whom

the neighbouring Monument was erected.

3. Sophia, died unmarried.

4. Jenny Maria Aislabie, born June 26th, 1731.

5. Judith, born 1732.

William and Anna Sophia Lawrence had issue two
children. The eldest,

Elizabeth Sophia Lawrence ; and,

William Lawrence, of Kirkby Fleetham, esq., born
in 1763. He was first educated at the Charter House,
and afterwards at St. John's College, Cambridge ; where,
having taken his first degree, already in a languishing

APPENDIX. 343

state of health, the slow but sure progress of a con-
sumption induced him to seek the benefit of the medi-
cinal waters, and the more genial climate of the south of
England, where he died.

There is a superb monument to his memory in the
church of Kirkby Fleetham, where he was buried,
designed and executed by Flaxman, with an inscription
commemorative of his amiable qualifications and untimely
death. " But," says Dr. Whitaker, " it falls to the lot
of one who knew him well, and valued some of his
endowments, there omitted, more highly than the writer
of that epitaph, to add, that the zeal and skill, which at
that early age he displayed as an antiquary, promised,
with the advantages of the great fortune which awaited
him, to place him at the head of that useful and delight-
ful pursuit. His numismatical knowledge, in particular,
was very considerable."

That enthusiastic and able antiquary, John Carter,
also bewailed his loss, more suo, and mentioned that
Mr. Lawrence had once expressed a wish to be buried
in the Cloisters at Fountains.

The taste of Flaxman was always happy in symbols ;
and accordingly the monument of Mr. Lawrence,
besides an animated bust, which bears a striking resem-
blance to the original, represents a museum, with books,
charters, coins, and all the favourite attributes of an
antiquary, displayed with that irregularity, in which
antiquaries delight. 1

Near this Monument,

erected to his Memory

lie the Kemains of William Lawrence,

the only Son of William Lawrence, Esq.,

of this Place,

by Anna Sophia, his Wife,

Daughter & Coheiress of

William Aislabie, Esq., of Studley Royal,

in this County.

He died on the 7th day of November, A.D. 1785,
in the 22nd Year of his Age.

At that Early Period
his gentle Manners and interesting Character

had so powerfully conciliated
the Affection & Esteem of all who knew him

that a longer life

would rather have added to the Number
than have increased the Attachment

of his Friends.
1) Whitaker's Bichmondshire, ii., 64.

344 MEMORIALS OF FOUNTAINS ABBEY.

" for since the first Male Child,

" To him who did but yesterday suspire,

" There was not a more gracious creatnre born."

By the Remains of his Son
are deposited the Remains of the above-mentioned

William Lawrence, Esq.,

who died in the 76th year of his Age,

on the 2d. day of September, A.D. 1798,

having sat as a Representative

for the Borough of Ripon

in six Parliaments.

We now return to Mr. Aislabie.

He married, secondly, at Ripon, Sept. 6th, 1745, Elizabeth,
daughter of Sir Charles Vernon, knt, sixth son of Sir Thomas
Vernon, before mentioned, by whom who died in 1780, aged
58, and was buried at Ripon he had issue,
Charles Rawlinson ; and

Belinda Aislabie, who both died in their infancy.
Mr. Aislabie died at Grosvenor Square, London, May 17th,
1781, and was buried in the family vault in Ripon minster. By
his Will dated 5th April, 1776, Mr. Aislabie entailed his estates
on his two daughters, in succession, and their respective issue.
His last surviving son, having died sixteen years before him, he
was succeeded in his estates by his eldest daughter and coheir,
MRS. ELIZABETH ALLANSON, who seldom
resided at Studley, but generally in Lon-
don, or at her villa at Twickenham. She
died at London, after having been many
years a widow, March 8th, 1808, aged
82, and was buried in the family vault in
Ripon minster.

Dying without issue, the inheritance devolved on her neice,
Miss ELIZABETH SOPHIA LAWRENCE
(only surviving child of William Lawrence,
esq., and Anna Sophia, his wife, the
younger daughter and coheiress of W.
Aislabie, e*q.), was born at Kirkby Fleet-
ham, Feb. L8th, 1761, and bap. at Ken-
sington on 13th March. After a long and
most useful life she died in July, 1845.

Upon the death of Miss Lawrence, her estates reverted to the
descendants of Mary, daughter of George Aislabie, esq., and
her husband, Sir William Robinson of Newby, the representative
of whom, in 1845, was Thomas Philip Robinson, Earl de Grey.
Upon his decease, in 1859, Studley came into the possession of
his nephew, the present Marquess of Ripon.

FOUNTAINS ABBEY.

WE APPEND TO THE TITLE OF STUDLEY THE DESCENT OF THE
ABBEY AND ITS APPURTENANCES.

On Oct. 1st, 32nd Henry VIII. (1540) the king by his Letters
Patent granted the late dissolved monastery of Fountains and
the site thereof, with all liberties and franchises, to Sir Richard
Gresham and his heirs. This was only a part of the purchase
for which Gresham paid to the king the large sum of 11,137
11s. 8d. For the history of the Greshams the reader must
examine the well-known work of Dean Burgon.

On March 1st, 1596-7, William Gresham, esq., and Thomas
Gresham, brother of the said William, by deed enrolled, convey
the manor and lordship of Fountains, and other the premises, to
Stephen Procter, of Warsell, esq., and his heirs, for 4,500.

We are scarcely able as yet to give a proper account of
Stephen Procter, who was an officer in the court of Elizabeth
and James I. Those who consider that the purchasers of abbey
sites and lands are subject to extraordinary vicissitudes of fortune
might cite his life in proof of their theories. It is a life of which
we should like to know much more, and of which much more
will some day be discovered.

When Stephen Procter built himself a mansion at Fountains
out of the buildings of the abbey, he placed in the windows of
his hall, in coloured glass, a pedigree and armoury of his family
which he deduced from Frierhead in Craven. There is every
reason to believe that this pedigree is fictitious, and it is
unnecessary, therefore, to cite it here. Procter seems to have
been the son of Procter, of Warsell, near Ripon, and
was no doubt descended from a numerous family of that name,
who were tenants under the monks of Fountains on their estates
in Craven. In 1525 a certain Geoffrey Procter, who resided at
Nether Bordley, in the parish of Rilston, made his will, from
which we gather important information in connexion with his

346 MEMORIALS OF FOUNTAINS ABBEY.

family. He had four sons, Sir Henry, Richard, Robert, and
William, of whom the two last had issue. Robert married a
daughter of the ancient house of Hagthorpe, of Hagthorpe near
Selby, and died before 1525, leaving three sons. Of these
Geoffrey, according to his grandfather's desire, was to be made
a servant in the household of Lord Percy. It is probable that
he is the Geoffrey Procter of Malham, gent., who, in 1551, was
executed at York, for the murder of Hugh Diconson, forfeiting
by that act to the Crown the manor of West Malham in Craven.

Geoffrey Procter had two brothers, William and Richard,
who, in accordance with their grandfather's desire, were to be
apprenticed in London. It is perhaps from one of these, or from
Henry Procter their first cousin, that Stephen Procter descended.

At all events, we have in this way a connexion with the
metropolis, and it is not difficult to see how a courtier, like
Procter, with ample opportunities for acquiring money and few
scruples as well, would have a chance of making himself a position
and a name in his native county out of the falling fortunes of
the Greshams.

When Procter became possessed of the site of Fountains
Abbey, he pulled down the abbot's house, and built out of the
materials a residence for himself, which is known by the name
of Fountains Hall. This was erected in 1611, and cost
3000. It is a stately building, well worthy of a visit, and a
characteristic specimen of the architecture of the period.
Here (Sir) Stephen resided when absent from his duties in
London. With his neighbours, particularly with the Mallories
of Studley, he seems to have lived on suspicious and unfriendly
terms, and there is evidence enough to shew that he was an
oppressor as well as an upstart. We chronicle some of the events
in his life which have occurred to us.

The first document in which Procter occurs to us is one of a
very extraordinary character, and is to be found among the
Caesar Collections in MS. Lansdowne, clxvii., p. 20.

xxv to. J u lii ? 1602. The voluntarie declaracion of David
Paler, prisoner in the castle of York, condemned for burglary,
taken before Sr. Edward Stanhopp, knight, and John Bennett,
esq., two of her Ma ts> Counsell in the North, the day and yeare
first abovesaid.

Md that Henrie Tankerd, esquire, one of her Mats. Justices of Peace in the
countie of York, came to me the said Sir. Edward Stanhopp, and told me that
Mr. William Watkinson, being appointed by the Justices of Assize to take
another Justice of Peace wth him, and to go this afternoone to the castle to
hear what the said Paler would say, for that he had sent them word he had

APPENDIX. 347

some things stuck in his conscience, which he was desirous to make knowne to
authoritie before he died.

To whome when they came hee kneeled downe, and said he asked God
mercie for his offences, and desired not to speake wth them, to th'end to make
meanes for his lief, although he knewe Mr. Watkinson would be willing to do
him goode, but was well contented to dye.

Nevertheles he hade some matters which he would be willing to disburden
his conscience of, least for lack of prevention mischief might come to some that
had been pretended, and other inconveniences ensue, whereof he had bene here-
tofore used to be an instrument ; and declared unto them some matters which they
were nowe loath to heare ; nevertheles said he was then troubled in mynde
thinking on the short tyme he had to live, and to prepare himself towardes
God, but would and could say more if he might be brought before others of
greater authoritie, having counsell : and espying out of the window Mr. Stephen
Procter in the castle yarde, required he might speake wth him ; who as soon as
he came into the chamber, the prisoner kneeled downe and asked him forgive-
ness, and said he had been used as a meane to make him away, an4 bad him
look to himselfe, for he thought there were neare fortie that meant to do him
a mischeife, and that he was once wished at one tyme to sett upon him when
he went through a ford, but protested that for his owne part he never bore
Mr. Procter mallice. Mr, Procter desired God to forgive him, and so went his
wayes.

Uppon this their speeches, I, Sr. Edw. Stanhop, sent to Mr. Hesketh, to
joyne wth me to heare what the prisoner had to saie, but he being gen newly
to Heslington, I sent for Mr. Doctor Bennett, and we thought good to send for
the prisoner to heare what he would saie, and likewise Mr. Watkinson, because
he was sent to the prisoner by the judges.

And now the said David Paler, being brought before us, saith that he is
desirous to alter something that hath been intended to the mischeif of some of
his Matis. justices of peace of the countie of York : And first, for Mr. Procter,
he saith that about two yeares since, he being then keeper of Studley park,
Mr. John Mallorie declared to this ext that Mr. Procter had a suspicion that
there was a semynarie kept in the new lodg of Studley park, and wished this
ext, being then a keeper of the same park, to get some frende that should dis-
guise himself like to a semynary, that should be seen at that lodg, and that he
should cary drinck to the lodg, whereby it might seeme to Mr. Procter, or such
as he should sett to watch, that some bodie was relieved there wth meate and
drinck, and that it being likely he would come himself in the night season to
search that lodg, and that then ext. and one Hugh Billington, who had been
keeper of that park before this ext., should lay in wait for him, and, espying
him coming out of any highway, they might dispatch him either with peece, or
bow and arrow, being within the park.

And he saith that the said Hugh Billington was made privie to this and
watched with him, but Mr. Procter, nor none other came, and saith that he this
ext. did not disguise any as a preist, but caried drinck to the lodg as aforesaid.
And saith that at another time one John Atkinson, somewhat above a yeare
since, offered this ext. above xxli., and a horse, to kill the said Mr. Stephen
Procter, and told him that he saw him not long before at a foord or beck called
Laver or Daunegill. whether of the two he remembereth not, and but one man
with him, at which tyme this ext. might easilie have killed him, Mr. Procter, and
his man both, and tourned them both downe the river. \

He saith further that about Easter was twelve month or Easter was two
yeares, the time he parfectly remembreth not, but it was at the tyme of a
generall search for preists, he this ext. was sent by Mr. John Mallorie, then his
master, to one Mr. Steele's house of Haddockstones, being a Recusant, to give
him warning, and bid him take heed for that there would be a search, and sent
a letter unto him at the same time by this ext. But what the letter imported
further he knoweth not, and this was about a day before the generall search
was made.

348 MEMORIALS OF FOUNTAINS ABBEY.

He saith further that the said Hugh Billington told this ext. divers times
when he kept Studley park under Mr. John Mallorie, he had kept in his lodg
an old popish preist by the appointment of Mr. John Mallorie, and cursed him
for it ; but this he saith only on the report of Billington.

And saith that whereas one Outhwaite made title to a house that this ext.
dwelt in called Daunegill, being my Lo. of Derbie's, and that there had been
much strife for possession of both sides about Easter was two yeares, he making
his moane to his said master Mr. John Mallorie, he bad him go keep possession
with his gunn ; and, if Mr. Procter came, to shott him, and that afterwards
Mr. Procter came as a justice of peace with a great many, and tooke possession
from him, but came not neare him to be shott, but that, Mr. Procter the same
tyme tooke away his peece, and requireth that he would bestowe the worth of
it on his children.

Being examined whether any did this assize put him in hope of liefe to
th'end he might ether accuse Mr. John Mallorie of theis matters, or for any
other respect, he saith none did put him in hope of his liefe but Mr. John
Mallorie, and that he to some of his frendes bad them trust to no other but
him for his liefe, and he would serve his tourne, for he had spoken to Baron
Savell, and would speake to my Lo. for him ; and uppon Thursday saith that
Mr. John Mallorie called to this ext. at the grait and bad him trust to him for
his liefe, and he would serve .his tourne, so he kept a good toung in his head.

He saith further that Hugh Billington told him that one Buck, sonne of
one Bucke of Gowbusk neare Salley, had committed a burglarie, and that the
said Billington made meanes to Mr. John Mallorie for him, and carried him xls.
to save his neck at a gaol delivery at Rippon, and that Buck thereuppon
escaped.

He saith that other matters of this nature he cannot now think of nor
remember, for that his minde is of Christ, and meditating how to die like a
Christian man, and asketh God and all the world forgiveness, and that he
served Mr. John Mallorie justly seaven yeares and never had penney wages,
and feares that this trouble which is comd uppon him was for his true service to
him. But he doth freely forgive him and all the world.

DAVID -f- PALER'S marke.
Edward Stanhop, Jo. Bennett, Willm. Watkinson, H. Tankerd.

Mr. Procter was knighted, with many others, at the Tower,
on March 14th, 1603-4.

On the 16th of June afterwards, the king gave him a grant
in fee-farm of all privileges possessed by the abbot of Fountains,
as heretofore enjoyed by Sir Richard Gresham.

The feud between Procter and Sir John Mallorie was violent,
as appears from the following papers.

Endorsed, Sir Stephen Procter. A Breviate of the Bill and
Answere.

By the Bill.

1. He is charged with intolerable abusing, vexing, and greeving many
thousands taking many bribes, presuminge to dispence with penall lawes, seiz-
ing their persons and their goods, and searching their howses, coffers, and
trunks, and spoyling them of their money and goods. And taking uppon him
the office of a justice of peace where he was none.

1. Answere. There is not one particular of any of theis duly proved in all
England against him.

APPENDIX. 349

2. Also that he extorted annually the penalties of bonds.

2. Answere. The act of parliament of a i. E. I., etc., warrants the exchequer
to send forth commissions to levie the king's debts.

That he levyed debts (nichilled uppon good cause).

Answer e. Whereby theis services, without cruelty or just greevance, were
performed, many frauds discovered and people eased.

That he answered not a third part of that he levied.

Ansrvere. And no one person as yet have come justly to complayne of greer-
ance by Sir Stephen Procter in all England.

That he used the king's hand in his foresaid oppressions that was given him
for other purposes.

Answere. And for Sparke that complayned for seazing his two oxen, he was
urged to come, and complayninge without cause, he went home without reliefe.

That he used a signitari of the Kose, the Thistle, and the Crown.

Answere. He never used seale nor the king's hand, but as is justifiable to be
tryed by any legall course, and as is grounded nppon good warrant for each of
the subject.

And it will not be founde that he doth conceale one penny of that he levyed
in all England, nor that he hath gone wthout the lymitte of his comissions for
anything to the value of a pin.

Theis were all the witneses produced from all the corners of England, none
of them speaking upon oath, none coming voluntarily, but as they were sent
for and compelled, but theis no way concerned the commissions,

1. One Trotter, a keeper of pygeon holes, himself having been araigned for
stealing the Queeue's plate, and his wife for keeping a house of all lewdiiess,
having been twice carted through London.

2. One Hage spoke of the report of one Bowland, and Bowland him self
utterly denied it.

3. A barbor's wife having her house searched uppon good cause by lawfull
warrant, had stollne goods found in her house, and shee said shee lost vj.
needles.

4. Also it was alledged of great wrong was done to one King by searching
his house and taking away his money, but he was a cutt-purse, his money was
by officers taken to be viewed, and after it was restored he cutt another purse
within one moneth and was hanged.

5. Also there came one Heaton that stands already sentenced for wilf ull
perjurie.

6. William Fawconbridge sent his examinacion which was redd, but himself
stands indited, both for fellony and pettie larceny.

7. Edward Wood sent his testimony in writing also, himself standing both
sentenced to the pillory in the Star Chamber, and outlawed for fellony at the
assize.

The two last were witnesses for Sr, J. M. (Domestic Series, liv.)

350 MEMORIALS OF FOUNTAINS ABBEY.

Md. WilPm Fawconbridge doth say, and will be ready as he
saith at all tymes to depose what hereafter followeth, viz. :

That this Candlemas tearme, 1608, he the said Fawconbridge and Edmond
Wood, being sent to London to Sir Stephen Procter by the Lady Procter his
wife, and they both being often conversant with Sir Stephen in his chamber
about practising against Sir John Mallory, at one tyme Mr. Gryffith Winckles
came unto Sir Stephen's chamber, when the said Wood was there, and did take
Wood by the hand and spoake to him. But when Mr. Winckles was gone, Sir
Stephen was very sory that Wood was sene of him, and said he had rather have
given a hundreth pound : and Tho. Ashton his man was angry with Wood that
he did not tourne his backe towards Mr. Winckles to have concealed himselfe ;
he saith that one Mr. Casson, the king's messenger, did give Wood good inter-
tainment upon acquaintance that he had with him at Sir Stephen's chamber, and
that one Mr. Burram was often with Wood at Sir Stephen's chamber, of whome
they had advice he thinketh that James Singleton saw him there also. He
saith that Wood was at Fountance hall a litle before Christmas last, as Ann
Stell tould him ; and that about the same time he the said Wood was at
Grantley, at Miles Pickersgill's, where Tho. Ellis and John Bramley Sir
Stephen's men, mett him. He saith that Lady Procter in his hearing did com-
and John Bramley, her man, to goe to David Elswcrth's and give Wood and
him each of them xs., for there charges to London, which Bramley did in the
presence of Elsworth and his wife. He saith that William Thornton and
John Bramley was at Francis Beckwith's house with Wood about Martinmass
last, about practising with him against Srr John Mallory, and Gilbert Beck-
with's doughter Kate did fetch them a gallon of aile at Richard Potter's. He
s?ith that Srr Stephen did send out his warrant to apprehend Wood, being out-
lawed for fellony ; but afterwards Srr Stephen, coming to Kirkby, demanded it
of Leonard Ripley the counstable, to have it in ; but the counstable not have-
ing it, William Thornton prayed him, the said Fauconbridge, to gitt it of Mr.
Hewood, who had it, and that he, the said Fauconbridge, would not deale against
Wood, whereupon he the said Fauconbridge went to Mr. Heywood and gott it,
and carryed it to Fountance and delivered it to William Thornton, and that
the Lady Procter tould him that their enemies should not have the benifitt of
there warrant to apprehend Wood withall. He saith that he was with Tho.
Ashton when he served procis of William Duffeild, and that Duffeild never
spoake any such words as Ashton had made affedavit of against him in the
Starchamber.

He saith also that Sir Stephen hereing that Hugans his house, Srr John
Mallorye's lodgings, in the Strand, was infected with the plague, willed to kepe
it cloase when Srr John came up, that no report might come to him of it, and
soe happily the plague would light on him, and rid him of him.

He saith also that Srr Stephen promissed Wood an office under him at
London, and himselfe an office here in the country worth xli. a yeare about ye
king's debts. WILLM. -f- FAWCONBRIDGE. Marke.

(State Papers, Domestic Series, xliii., 115).

Among the MSS. belonging to Sir A. Hood {Historical MSS.,
vi., 351) is a folio volume, said with great probability to be by
Sir Stephen Procter, on u Certayne speciall projects for the dis-
covery of abuses and misdemeanours in offycers, tradesmen, and
merchants, which will bring infinyte sommes of monye to his
majesty's coffers, and much satisfaction and good to the Common-
wealth." The result of this was a royal grant, on July 31st,

APPENDIX. 351

1609, to the author, of the office of Collector and Receiver of
Fines on penal statutes, a position which gave the holder a very
dangerous power, which an unscrupulous person might exercise
to a very serious extent. It will be seen afterwards that Procter
was charged with fraud and extortion.

On August 31st, 1609, Procter writes the following letter of
complaint to Thomas, Earl of Exeter.

Where it please yor Lop., and my Lady of Derby, in the late agreement
for my lande, by wri tinge under your owne handes, accordinge to my humble
request, to agree that I should contynewe the stewardshippe which I then held
by pattent, under my Lord, and your Honor at will. Nowe my wife, myselfe
and frendes, have given upp our interests and executed all assurance ] demaun-
ded, and for wliich I have taken farr lesse than my Lo. had offered me, because
I would ever depend a servant of that noble house. Sir John Mallory, with
40 or 50 men in the last open faire at Thriske, hath proclaymed himselfe your
Lps. high steward, and so did put owte my deputie in such disgracefull manner,
as much effusion of bloode might have ensued, yf greate care on my part had
not bene used. But now since m;y comeinge home, I findinge his power to
proceede but by a deputacion from Mr. Gerrerd and Mr. Brock, without your
Lp's or my Lo. of Derbye's hand, or any revocacion of my patent, I both do
and still mynde to hould my possession against him of my right, beinge parte of
the recompence I had for my land, untill I see it be your Lp's pleasure and my
Lo. of Derby's to put me owte by your revocacion and discharge, which I must
submytt unto, yf it be your will to have it soe, but I doubt not that your Honor
will ever without any manner of offence or cawse on my part given, my former
service considered, lett me be put out, and my mortall enemy preferred to my
place to my utter disgrace and discomforth, and to the danger of much encreas-
inge of further quarrels and debate. I know not howe I have offended Mr.
Daccomb, that his hand is in this against me. But I gesse it is in hope of
some greate benefitt Sir John hath promised my Ld. to raise here, what it may
be I know not, but as yet I cannot learne of one penny except it be of his owne
purse, he can drawe the country unto. But that and this and all I humbly
submitt to your most honourable disposicion, onely beseechinge your Lp. yf any
cawse be allowyd against me, that your Lop. will be pleased to heare my
ansvvere ere I be disgraced in this behaulfe. And so I most humbly take my
leave, this last of August, 1609.

Your honor's most humbly to comand,

STEP. PROCTER.
Addresse. To the Right Honble. the Lord

Treasurer of England, theise. ddr.

(State Papers, Domestic Series, xlvii., 372).

Another letter, dated same day, and addressed also to the Lord
Treasurer, about what progress he had made in putting into
operation his " Patent of receivership of the King's Fines and
Duties upon Penal Statutes." " I have gott it very well allowed,
as well in the greate libertyes of the archbishoppe of Yorke,
where I doubted most of it, as otherwise." He speaks again
of "that malicious adversary of mine." (Domestic Series of
State Papers, xlvii., 372-3).

These papers shew what dangerous weapons had been put

352 MEMORIALS OF FOUNTAINS ABBEY.

into Procter's hands, and how unscrupulously and unsparingly
they were used. But he did not get his own way in everything.
Among the State Papers of James I. there is a letter from
Chamberlain to Carleton, dated Feb. 17, 1614, in which the
writer mentions certain proceedings in the Star Chamber against
Sir Stephen Procter, for endeavouring unjustly to involve two
Yorkshire knights in trouble about the Powder Plot, and for
slandering the Lord Privy Seal. It appears that he had been
found guilty, and had been sentenced to imprisonment and the
pillory, together with a fine of 3000. The writer doubts
whether the sentence will stand. With this grave incident in
his life Sir Stephen disappears. There is no Will made by him
to be found either at York or London, and it is quite possible
that he ended his life in the Gate-house.

Sir Stephen Procter, according to his own pedigree at Foun-
tains Hall, 1 married " Honour, daug. of Raffe Greene," who is
elsewhere described, in 1595, as " one of her v majestie's servants
and musician." They had four daughters and coheiresses. The
widow of Sir Stephen resided for some time with one of her
sons-in-law, at Cowling Hall, near Bedale, and the following
extracts from her last Will are well worthy of being recorded.

Jan. 18, 1624-5. Dame Honor Procter, of Cowling, widowe. To be buried
in the parishe church of Beedall. To Broythwell Lloid, my sonne-in-lawe, and
Honor his wife, 501. within the space of three moneths next after they shall
signe, etc., such deeds, etc., made betweene mee, Thomas Jackson and Debora
his wife, the said Braythwell Lloid and Honor his wife, George Dawson and
Priscilla his wife, and Stephen Pudsey and Bettrice his wife on the one partie,
and Sir Timothie Whittingham, knight, on th'other partie ; and also a deed
betweene mee, the said Brythwell Lloyd and his wife, George Dawson and
Priscilla his wife, and Stephen Pudsey and Bettrice his wife on the one partie,
and the said Thomas Jackeson on the other, for certaine landes in Bewerley.
To my sonne-in-lawe Broythell Lloid and Honor his wife one silver bowll and one
silver salt, to come t Charles Lloyde their eldest sonne. To my daughter Honor
Lloyde one pearle neclace and a paire of bracelettes of pearle, one blacke vel-
vett boxe, one chaine of aggettes of three linckes, and my best goune of silke
with kirtle and bodies of damaske, one petticoate of crimson damaske with a
paire of French bodies of taffetie, etc., one imbrodered cushionett with f oure

fold buttons, and one paire of bodies with kirtle of blacke velvett. To Stephen
ackeson sonne and heire to my said sonne-in-lawe Thomas Jackeson one
great Cipres chist, one cabonett inlaid, one clocke standing in the hall, one
standing bowle with a cover all gilt, and one stone spout jugge tippt with sil-
ver. To Elizabeth Jackson, eldest daughter of the said Thomas, one paire of
brass scales and weightes, one doune bedd, etc., now at Fountaines, etc., one
ryding savegard and cloake, hoodd and mittons, one stillytorie for roses, one
great cabonett with glasses in it, one paire of silke vallauce and cushen cloth
of lawne edged with bone lace, one long cushion wrought with the lillye, one
wastcoate of white taffitie and a cloake of white taffetie, one wrought pillow

(1 ) In the heraldic window are coats of Greene, impaling, severally, Crew, Pollington, and
Broughton.

APPENDIX. 353

beere for a cradle, and a mouth cloath of the same worke, one vale of lawne,
one long bibb, one cappe, one headband, one paire of biggins and one shirt for
a child, one other vale of tiffanie, one lyverie cupboord and all theirin, one
square cushinett unmaid upp, one butterie baskett, one dozen of pewter plaites, one
linke of a gold chaine. one pomander, one little cushicnett, one wrought smocke,
one presse to hang gownes in, and one greene chair and two stooles remaine-
ing alsoe at Fountaines. To Honor Jackeson, the said Elizabethe's sister, one
chest barred with iron, one cushion cloth of callico edged with bone lace, one
vale of blacke cipresse, one blacke fann, one little cabbinett with glasses and
a little silver peece in it, one booke called Mr. Smithe's Sermons, my best
lookeing glasse, one needleworke purse, cushionett and knyves, one kaye bone
sett with pearle, one paire of gloves imbrodered with gold, one wrought wast-
coat with silke, and another with cruell, one trunke, one linck of a gold chaine,
one hoope ringe of gold, one silver tagg. a peece of bleazer stone, and a peece of
unicorne's home, one pumander, ten goldsmith buttons, one fine dyed ruffe,
my sleeve silkes, and a cushionett belonging to them unwrought, two necke-
clothes and two paire of edged coufes. To Debora Jackeson, another sister of
the said Elizabethe's, one fann, one blacke scarffe, one greene velvett purse and
cushionett, one paire of knyves, one paire of gloves with gold lace on the
toppes, one chaire with a cover of velvett, one long cushion of needle work, one
pallace sheet with a seame through it, one three leafed sheete, one face cloth,
one gold ring with a stone in it, ten goldsmith buttons and a lincke of a gold
chaine. To Priscilla Jackeson, youngest sister of the said Elizabeth, one
painted boxe and that is in it, one great pewter possett boule, one blacke flatt
chest, one purse grounded with silver, one lincke of a gold chaine, one gold
ring with a scale, one chaire with a cover of velvett, two needle worke cushions,
a little greene chaire and tean goldsmith buttons. To my sonne-in-lawe,
George Dawson, if he pay to the said Thomas Jackeson 701., one paire of and-
irons, a paire of tonges, and a fire shovell, one greene carpett of brodecloth
with a .cupboord clothe to it with a greene silke fringe, one cesterne of pewter,
one great flagon of pewter, two pewter candlestickes, two chargers, and a pas-
tie plaite, sixe deepe dishes, two platters, two fruit dishes and one round pie
plate, all of pewter, all markt with my hasbande's armes and myne, which were
lent by me to my daughter Dawson ; also one paire of virginalls and a chest of
vialls. To Francis Dawson my grandchild, upon the same condicion, a casting
bottle of silver and gilt, etc. To Dorothie Dawson, her younger sister, one
paire of gold bracelettes, one currall with a chaine at foure bells of silver at it.
To Mistris Mallerie one blacke silke cloake. To Bridgett, wife of Raphe
Hasleam, the kinge's armes, three pictures, one called Will Sommer, another
king Phillyp, and the third Jane Shore, the plodd curteines in the windowe at
Fountaines, etc. To the Ladie Darcie, a large picture of the late Queene
Elizabeth. To Margrett Scott, my servant, one smoothing iron, three setting
stickes, one side saddle, one brushe, one service booke, one Prayer booke, one
other booke called Frailtie and Faith, and one old great trunke haveing boiling
backe in it. To William Thornton, my auncient servant, one service booke
which hee reades service in on Sundaie-s, and one caliver with a fire locke.
My sonne-in-lawe, Thos. Jackeson, sole exr. (Pr. at York, llth May, 1625, and
adm. to the exr.)

Fountains Abbey, on Sir Stephen Proctor's death, descended
to his daughters, their mother being also interested in it.

On May 9th, 1622, Dame Honora Procter, relict of Sir
Stephen, and three of his daughters and coheirs and their hus-
bands, viz., Thos. Jackson (of Cowling), and Debora his wife,
George Dawson (of Azerley), and Priscilla his wife, and Stephen

354 MEMORIALS OF FOUNTAINS ABBEY.

Pudsey (of Arnforth), and Beatrice his wife, by deed and fine
grant the property to Sir Timothy Whittingham, of Holmside,
co. Durham, knt., for 3595.

Sir Timothy Whittingham was the eldest son of the well-
known Calvinistic dean of Durham, and it is curious to find him
the owner of the remains of an old Roman Catholic establish-
ment. How he would gloat over the ruins of what he considered
to be pagan idolatry. Whittingham had purchased, in 1613,
the estates of the Tempests, at Holmeside, in the county of
Durham, a younger branch of the family that had at an early
day possessed Studley. His title deeds could not fail to make
him acquainted with Fountains abbey. He only held it for a brief
space, selling it at a loss. On 15th Oct., 1st Car. I. (1625),
Sir Timothy Whittingham, with Thomas Procter, esq., Thomas
Whittingham son of Sir Timothy, Thomas Clark, and Gerard
Birkhead, by deed of feoffment, convey Fountains, etc., to
Humphrey Wharton, of Gilling Wood, esq., for 3,500.

Mr. Wharton (whose pedigree is well known), did not keep
Fountains long. On 27th May, 1627, Humphrey Wharton,
esq., and Thomas his son, Broythwell Lloyd, esq., and Honora
his wife, another of the coheirs of Sir Stephen Procter, convey
the property to Richard Ewens, of South Cowton, esq., and his
heirs, for 4000 (his son-in-law, John Messenger, advancing
2700 of this sum).

Mr. Ewens left an only daughter and heiress, Elizabeth (bur.
at Ripon, Oct. 18th, 1675), who became the wife of John
Messenger, 1 gent., of Newsham, in the parish of Kirkby Ravens-
worth. As the pedigree of this family is unknown, I shall give
it somewhat in detail. Mr. Messenger had a Quo Warranto
brought against him for the Liberties of Fountains in 22nd
Charles II. He seems to have had four children ; his two sons
were educated at Douay.

1. William Messenger, eldest son and heir.

2. Ewens Messenger, who joined his brother in
granting an annuity of 100 to his father out of Foun-
tains, 20th Car. II. On Oct. 20th, 1698, he made his
will, describing himself as of " Dalebanck in ye con-
stabulery of Bishop Thornton, gentleman." He men-
tions his father Ingilby. To Mary, his dear wife, whom
he appoints executrix, he leaves his lands in Bishop
Thornton for life, with remainder to his son John. The

(1) He had a brother, whose son, George Messenger, of London, appears in the entail. A
Henry Messenger, of Newsham, married and had children by Elizabeth, daughter of George
Meynell, of West Dalton, esq., who died in 1660.

APPENDIX. 355

residue is left to his two daughters, Mary and Eliza-
beth, when twenty-one. Proved at York, 16th May,
1699. The sum total of the inventory of his goods
amounted to 607 15s. 4d. Among them were u a
silver tanker d, a dozen of silver spoon es, a silver tumbler,
and six salts," valued at 10.

WILLIAM MESSENGER, of Fountains, gent., son and heir.
Bp. at Ripon, 7th Feb., 1629-30. On 28th Dec,, 1678, he
settled certain property to raise portions. He made his will 20th
May, 1679, in which he calls himself 4< William Messenger of
Fountaines Abbey, gent." " To my eldest sonne, John Messen-
ger, my lands, etc., in Fountaines, Swanley, and Morkar. To
my beloved wife, Elizabeth M., 50 per ann., during her widow-
hood, and to the child she is with 400. To my three daughters,
Elizabeth, Mary, and Anne M., 400 each, when 21, or when
married. To the poore of Rippon parish, 5. My wife and my
brother Ewens M. executors, and if they die, my beloved friends,
Michael Wrightson, of the Six Clarks's Office, London, John
Constable, alderman of York, and Wm. Bilton, of Clapham
Greene." Seal, a chevron between three helmets.

He married Elizabeth, dau Yeoman, who had

a good fortune. Her will is dated 17th Dec., 1694 (pr. at York,
29th Jan., 1694-5), "to be decently interred amongst my
deceased relations in the collegiate church of Rippon. To my
doughter, Ann Messenger, 1400, 1000 whereof is owing to
me by Mr. John Douglas, of Newcastle-upon-Tyne, and 400
by Mr. Ralph Errington, of Newcastle aforesaid. To my
daughter, Elizabeth Tanckred, one silver salver with three silver
casters. The rest of my silver plate, which I bought myselfe, I
give to my doughter, Ann Messenger. To my loveing sonn-in-
law, Thomas Tanckred, esq., 40. To my loveing sonn, John
Messenger, all my goods and stock, and my lands in Hartwith
and Winsley sonn-in-law, Thomas Tanckred, of Fountains,
esq., exor., and I give him twenty nobles to buy him murning,
and give him the tuition of my children." Their children were :

1. John Messenger, eldest son.

2. William, born 5th Oct., 1679.

1. Elizabeth, born 22 Jan., 1672, had 500 settled
on her by her father in 1676, she married (Sir) Thomas
Tancred, bart.

2. Mary, born 10 Nov., 1674, bur. at Ripon, Dec.
6, 1686, had 500 settled on her in 1676, and another
500 in 1678.

356 MEMORIALS OF FOUNTAINS ABBEY.

3. Ann, born 31 Aug., 1678. By the settlement
of 1678 she was to have 700.

JOHN MESSENGER, esq., of Fountains Abbey, eldest son and
heir, born 27th Aug., 1676. He married Margaret, daughter of
Simon Scrope, of Danby, esq. Marriage articles dated 16th
Dec., 1698, and settlement after marriage 1st March, 1717.
She was to have 1500 when her first child was born. She was
living in 1736. Their children were :

Michael James Messenger, "son and heir apparent."
John, born Jan. 18, 1700.

William, living in 1768, having then a daughter,
Mary, who died, aged about 15.

MICHAEL JAMES MESSENGER, of Fountains Abbey, esq., Will
dated June 19th, 1765 (pr. at York, 27th March, 1766). He
died 19th Jan., 1766, and was buried in the chapel yard of
Aldfield, by his own direction. He married Elizabeth, only
daughter of Nicholas Sayer, of Wilford, Notts., gent., who had
1500 to her fortune, and was living in 1768. Her marriage
articles are dated 21 Aug., 1736. They had issue :
John Michael Messenger, only son.
Margaret, md. 4th June, 1758, Walter Strickland,
of Sizergh, esq., who died s. p. in 1761 ; secondly,
Mr. Thos. Mitchell, pf Angram. She died childless.
JOHN MICHAEL MESSENGER, esq., of Fountains Hall, sold the
abbey, and afterwards resided at Cayton Grange, which he
bought of John Iveson, of Ripon, esq. He died at Cayton, 13th
May, 1806, in his 67th year, and was buried at South Stainley,
M. I. He was married at Romaldkirk, 6th May, 1786, to
Anne Mary, eldest daughter of Michael Tunstall, of Durham,
esq., who was living, a childless widow, in 1812.

On 22nd Dec., 8th George III. (1768), John Messenger, esq.,
conveyed the manor and lordship of Fountains, and other pre-
mises (estimated by an old survey at 543 acres) to William
Aislabie, esq., of Studley, for 18,000. Henceforward the
descent of the abbey is identical with that of the neighbouring
domain of Studley.

INDEX.*

AAEON, the Jew, ISn, 19>*.

Abelard, Peter, 201.

Acastre (Acaster Malbys, near York),

15, 33.

Acomb, near York, 193.
Acre, Joan of, 189.
Acre, Siege of, 7n.
Adse, Adam fil., persona de Crosthe-

weit, 30.

Adelulfus, see Carlisle, Bishops of.
Adlington, Bic., 232.
Aghenlay, 15.
Ainderby, Ainderbie, Aynderby (Ain-

derby Quernhow), 4%, 9, 15, 35, 37,

38, 89, 94, 100.
Aire, the river, 170.
Airedale. 16.

Aireton (Airton-in- Craven), 16.
Aisenby, Aistenby, Ascenby, Azenbie

(Aisenby, par. Topcliffe), 15, 100,

223, 225.
Aislabie, account of family of, 235-44 ;

Geo. of York, 233 ; Mr. John, 233% ;

Mr., 104, 122-3, 141, 143, 145-8;

Wm., 93, 108-10, 112, 121, 256.
Albemarliae, Wm.de Fortibus, comes,

4%, 16, 28-9, 180.

family of, 159.

Isabella de Fortibus, 21w, 32,

42/i.
Alberic, see Novum Monasterium.

Ostiensis episc., 67.

Albert, St., 64w.

Albin' (Albini) J., abbot of, 13%.

Albini, Gundreda, wid. of Nigel de,

194.
Sampson de, 196.

Aldbrough (par. Masham), Aldeburgh,

4-6, 9, 14, 19, 20, 35, 37-8, 48w, 69,

77, 80, 87, 91, 94-5, 100.

bridge of (Boroughbridge), Qn.

Arthur, of Ellingthorpe, and

Arthur his son, 231-2.
Richard, of Aldbro' and Ripon,

227, 231.
Aldfield (near Fountains), Aldefeud,

Aldefelde, Aldfeld, 9, 16, 93, 106,

158, 214, 256.

Aldelinus de, 77 ; Joh. de, 41.

Aldelini, Wm. fil, 8.

Aldwerk, Aldwerk (par. Ecclesfield),

15, 228.
Aleman, of Studley, members of fam.

of, 211-12.

Alemannia (Germany), 10.
Alexander, see Lincoln, Bishops of
Alford, Sir Wm., 99.
Allanbridge, John, 201.
Allanson, Chas., of Bramham Bigging,

242 ; Eliz. his wife, 112, 123, 244.
Allen, Cardinal, 220.
Allerdale (in Cumberland), 16, 104-5.
Alney, Rob. de, 194.
Alnwick, 148.
Alyng, Peter, 65n.
Amounderness, 51w.
Ampleforth, 199.
Anagnia, John de, card. bp. of Prse-

neste, I2n.
Anjou, Earl of, 24w.
Appelthwayt (Applethwaite), 16.
Appeltrewyk (Appletrewick in Craven)

16.
Appleton-le- Street, 186.

Nun, 116.

Parva, 213.

* For the names of kings, bishops, etc., look under the kingdom, diocese, etc., which, they
ruled. The popes are under the word Pope.

R. VOL. II.

358

INDEX.

Arches, Alan de, 42 n ; Thos. s. Alan de,

26 ; Turstan de, 7.
Armagh, Malachy archb, of, 184.
Armorer, Thos., 89.
Armyn, Sir W., 99.
Arnecliff, Arneclyf (Arncliffe in Cra-

yen), 16, 35, 37-8.

Arnef ord (Arnf orth in Craven), 14, 25.
Arundelian Marbles, 109, 122n.
Arundell, Lord, 190.
and Surrey, Richard Earl of,

Ashmore, John, the poet, Mr. of Ripon

school, 228-30.
Ashton, Tho., 250.
Askeryk (Askrigg), 15.
Askham, Great and Little, near York,

233.

Askwith, John, 89.
Aslaby, Sir, vicar of Tickhill, 219.
Asmun derby, 9, 15.
Assheton MSS., 160,
Atkinson, John, 247 ; Thos., 185, 207.
Atte-Lee, Job., 47.
Aubertus, presb.-card. S. Anastasise,

76.

Aubign' (Albini), R. de, 10.
Audoenus, see Ebroicensis Episo.
Augustine, see Canterbury, Archb. of.

St., 67 n.

Aundelay (par. Elland), 15.
Austewyke (Austwick, par. Clapham),

16.
Azerlagh (Azerley, near Bipon), 15,

28%, 227.

Axholme, Isle of, 48.
Aysgarth in Wensleydale, 150.

BALDERBY (Baldersby, par. Topcliffe)
9, 14, 19, 20, 62, 77, 80, 87, 89, 93-5,
100.

Baldersby, John, 90.-

Banokbran (Bannockburn), 198ro.

Barbeflete, 12.

Barantyn, Drugo, 85.

Bardulf, Thos., 8, Sn.

Barker, Stephen, 14w.

Barnardcastle, 198.

Barns, Eliz., 233.

Baro, capellanua papae, 68, 70n.

Basing werk, 7 In, 72n.

Basle, Council of, 170.

Basset, William, 41.

Bath and Wells, T., bishop of 47 ; R.,
bishop of, 20, 21.

Bavaria, Louis of, 100.

Bayeux, Bayhus, Henry, bishop of,

10 ; Philip, bishop of, 3 ; Steph. de,

214.

Bayldon, John, 185.
Bayn, Roger, 91.
Baynes, Isab., 221.
Beaconsfield, Bucks, 240.
Beaulieu Abbey (Bellus Locus), 17/*,

Bon, 209.

Beaumont, Lord, 90.
Beauvaiz, Beauviez, Walter, 26, 33,

43/t.

Becke, Robert, 227.
Becket, Thomas a, 88.
Beckfield, William, 185.
Beckwith, Bekewith, Frances, 250;

Kate, dau. Gilb., 250; Leon, 101;

Marm., 91 ; Mr., 91.
Bede, 201.

Bell, Robert, 191 ; Thomas, 221.
Bellingham, Alice, dau. James, of

Over Levens, 229 ; Eliz. and Mary>

231 : James, of Over Levens, 231 ;

Sir James, 99.
Bellocampo, Walter de, 21.
Bellun, Rud. de, 77, 80.
Belton, John, 88.
Benedict, the Rule of, 72.

-St., 115, 117.

Bennett, John, esq.. 246.

Benson, Parson, 25.

Berkhampstead, 55#.

Bernard, F, 68.

Bernardus, Presb. card. S. dementis,

71, 79.
S., 116^18, 144, 179, 180, 184,

201.
Berwick-on -Tweed, super Twidam, 21,

198^, 220,1.
Best, Thos., of Middleton Quernhow,

228.

Bethel, Sir Hugh, of Ellerton, 224^5.
Betlesden (Bittlesdon) Abbey, 18n.
Beton, Baldwin de, comes Albermarle,

16.
Beuerley (Bewerley), 9, 14, 86, 91,

252.

Beverley, 90, 199, 206.
Biggehousbergh, 16.
Billington, Hugh, 247.
Bilton, William, of Clapham Green,

255.

Birkhead, Gerard, 254.
Birkhow (Birkhouse), 16.
Birnebem, Brembem, Brymbem, Brine-.

bem, Brymbem (Brimham), 9, 14>

60, 87-8, 91-2, 94, 96, 100, 105.
Bishop-Auckland, 222.
Bishop-Thornton, 254,

INDEX.

359

Bishopton, 227.

Blacket, John, 165.

Blakehoumor, Blakehow (Helmsley-

Blackamoor), 196, 198-9.
Blatonkerr, 15.
Blauncmon, in Wales, 6.
Bodley's MSS., 167, 186.
Bohun, Boun, Humphrey de, Earl of

Hereford and Essex, 21, 47.
Boleyn, Anne, 122.
Bolland, forest of, 161, 176.
Bolton, Abbey, 22%, 28%, 98-9, 126,

159, 162, 164, 179, 183.

in Bowland, 06%.

in Northumberland, 181.

Bombay. 237.

Bondgate, in Ripon, 227.

Boon, William, 89.

Booth, John. 225.

Bordley, Bordelay, Upper and Nether

(in Craven), 9, 14, 20, 50, 87, 91, 95.
Borough, Sir John, 25%.
Boroughbridge, 91.
Bosco, Richard de, 20-1.
Boston, Line., Bothelstane ; 15, 19%, 95.
Botley, co. Warwick, 214.
Bowes, Sir George, of Streatlam, 221 ;

Sir William, 221.
Bowland, one, 249.
Brabazon, Roger de, 21.
Bracewell-in-Craven, 212.
Bradlei, Bradleya (Bradley, par. Hud-

dersfield), 9, 14, 20, 94-6, 100.
Bramlei, Bramlay (Bramley, par. Kirk-

by Malzeard), 9, 14, 35, 37, 87.

John, 250.

William, prior of Cistercian

coll. at Oxford, 82-4.
Brampton (par. Wath, W.R.Y.), 15.
Brathwayt, Brathweit (Braithwaite,

par. Kirkby Malzeard), 9, 16.
Brayton, near Selby, curate of, 218.
Brembre (Bramber), 48%.
Bretagne, Britannia, Alanus comes,

2, 3, 5, 10 ; Berta, Countess of, 19% ;

Jo. de, Earl of Richmond, 56%,

198-9.
Bridgnorth, Brugia, Shropshire, In,

9%, 6%, 6.

Bridlington, priory of, I2n, 98-9, 196.
Brignall. Job. de, 14%.
Brigrode, 15.

Brisow, Brysow, Rad. de, 77. 80.
Bristol, 200.
Britannia, see Bretagne.
Brock, Mr., 251.
Brompton, near Northallerton, 214,

216, 220.
Brotherton, 15.

Broughton, family of, 252.
Brown, the architect, 123.
Browne, Sir Thomas, 154, 231.
Brownlow, Sir John, of Belton, co.

Lincoln, 242.
Brudford (Birdforth) Wapentake of,

55%, 56;i,
Bruis, Brus, Adam de, 10, 19% ; Peter.

16 ; Peter, son of Peter de, 27 ;

Peter, the Third, 42%.
Brynsall (Burnsall-in- Craven), 16, 56%
Buck, Henry, 91 ; Lawr., 91.

of Gowbusk, near Salley, 208.

Buck's Views, 187.

Buckfast, 71%, 72t.

Buckingham, Duke of, 235.

Bufest, 72%.

Buggethorp, Galfr. de, 33.

Buildwas, 71 n. 72%, 205, 209.

Builli, Hugh and John de, 19>*.

Bulmer, Bertram de, 77.

Burgo, pons de (Boroughbridge), 6,

7%, 26.

Serlo de, 5.

Burgon, Dean, 245.

Burghley, Burleigh, Lord, 200, 224.

Burn, Sir Thomas, and Isab. his wife,

212.

Burniston, 237.
Burram, Mr., 250.
Burthweith, Bourthayte (Burthwaite),

9,14.
Burton, Dr., 88, 90, 99, 109%, 112, 125,

141, 200, 207.

Constable, 99.

Leonard, 89.

Buscabi, Buscby, Buskeby (Busby,

par. Stokesley), 9, 14, 15, 35, 37, 38.
Bussy, William de, 182.
Butho, Mary, 218.
Byland, 22%, 70, 71%, 72%, 90, 99,

116, 183, 1 94 etseq., 209-10.
Abbots of, Gerald, 194 ; Robert

de Helmsley, 207 ; Roger, 196.
Byrtby, John, of Ripon, 219.

CABILONENSIS, dioec (Chalons), 70-%.

Cadomum (Caen) 12.

Caituna, Caytunis, Cheilunis, duo Cay-
tunas (Cayton, par. South Stainley),
2, 4, 5, 9, 14, 32, 69, 77, 80, 94, 100,
256.

Calais, 37%.

Calder Abbey, 70%, 71%, 72%, 194,

Caldestanes, 14.

Caldewell, 9, 14.

360

INDEX.

Caldwell, Thomas, 225.

Calton, 16.

Calverley, Margaret, 22Sn.

Cambe, 195.

Cambridge, Cantabrigia, 223-4 ; St,

John's Coll., 242 ; SS. Mary and

Frideswide at, 217 ; Trin. Coll., 94.

- Edm. Earl of, 47.

Camerarii, Hen. fil., 6, In.
Camville, Canvilla, Ric. de, 6, 9w.
Candida Casa (Whitherne), Job.., bp.

of, I2n.
Canterbury, 128.

Archbishop of, 64w.

Archbishops of, Augustine, 181 ;

Baldwin, 10; Chicheley, 81, 84-5;

Hubert, 10, 18 ; Kempe, 90 ; Theo-
bald, 3, 5.

Hen., Archdeacon of, 10, 18.

Province of, 64 n, G5n.

Carey, Hon. Geo., bro, of LordFalkland

234 ; Mrs., 238.
Carham-on-Tweed, 181.
Carleton, 15.

Bob. de, 28.

Carlisle, Karliolum, 21, 2ln, 22, 97.

Adelulfus, bishop of, 2.

Carow, Aliz., 8.

Carter, John, 243.

Casson, Mr., 250.

Castelay, Castley (par. Leathley). 15.

William, s. of Hugh de, 28-w.

Catal Parva, Cattehall (Little Cattail,

par. Whixley). 15, 33.
Catton super Swale, 15, 94, 100, 159.

Thomas, 185.

Cella, Gaufr. de, I2n.

Cencius, Portuensis et S. Rufinae episc.,

79.

Chambers, Cuth., 236n.
Chapman, Stephen, 185.
Charter House, London, 242.
Chester, Deanery of, 223; Richard

Vaughan, bp. of, 223.
Chirteseye, John de, 45.
Cholmeley, Sir Hugh, 99.
Chusterfield (Chesterfield), 225.
Cirey, Jean de, 63.
Cistercium, Citeaux, 10w, lln, 12n,

63, 64, 67n, 7Qn, 71-5, 83-5, 115,

202.
Abbots of, Gotho, Gothonius,

IQn ; John, 95 ; Lambert, 71 ;

Stephen Harding, 7 On.
Clairvaux, Clarevall, Clarevalle, 3n,

65#, 67-, 68w, 103-4, 117, 206.
Clapham, Thomas, 105.
Clare, Gilbert de, Earl of Gloucester,

189.

Clarendon, Claryndon, 16;?, 47.
Clarhou, Claro, Wapeutake of, 55 n,

56, 211%.
Clark, Thomas, 254.
Cleveland, Geoff., Archdeacon of, 10,

12n.

Clifford, Lord, 90; and his son, 106.
Clifton (par. Thornton Watlass), 15.

co. Stafford, In.

Clitheroe, Clyderow, Adam de, 168 ;

Sir Hugh. 212; Rob. de. rector of

Wigan. 168.
Clotherholme, Clutherum, Cluderurn,

9 ; Godwyn, de, 77, 80 ; Thomas,

214.
Clough, Edmund, of Skipton Bridge,

227 ; Frances and John, 227.
Coates, Thomasin. 227.
Coatham Mundeville, 214.
Cockermouth, 16.
Cogeshall, 72n.
Coineres, Conyera, family of, 174 ;

Chr., 221 ; John, of Eaton-on-Usk,

220 ; John, son and heir of Robert,

215 ; Roger, 19.
Cokewald, William, 28n.
Colchester, Hugh, abbot of, 3?i.
Colet, William, 2on.
Colvill, Sir Thomas de, 196-7.
Combe Abbey, co. Warwick, 7n.
Conrad, Sabin. episc., 67, 70.
Constable, 174 ; Sir John, of Halsham,

216, 219 ; Joan, dau. of, 217 ; John,

alderman of York, 255 ; Philip, 99 ;

Sir Talbot, 99.
Constance, Council of, 150.
Conyeston, Conyngeston (Coniston-in^

Craven), 9, 16, 25, 37, 38.

= Herbert de, 9.

Copley, Edw., of Batley, 225.
Coppedhewyk (Copt Hewick), 214,

216.

Corey, W. de, 10.
Cornubias (Cornwall), Reg. comes.,

4, 4w, 5, 6.

Cotam (Coatham, near Redcar), 15.
Cottesmore, Jo.. 85.
Cotton, Sir Robert, 97.
Couseby, 27.

Couton, Cuton (East and North Cow-
ton), 4, 5, 9, 14, 15, 35, 37, 77, 80.
Coventry and Lichfield, bishops of,

Hugh, 19 ; W., 25.
Coverham Abbey, 22ti ; abbot of, 36/,
Cowling, Thomas, 25n.
Cowling Hall, near Bedale, 252.
Coxe, H. O., 94.

Coxwold, near Blackhow, 196-7.
Crammavilla, Rob. de, 27.

INDEX,

S61

Octnbrook. co. Kent, 213.
Craven, 5, 5, 28-9, 54, 86, 91, 105.

Thomas, 227.

Creipling. Elizabeth, 218.

Creesse/Hugo de, 8.

Cressy, battle of, 36/i.

Crew, family of, 252.

Cirofte, Mr., 221.

Cromwell, Thomas, 101, 160.

Crosthwaite, Crostheweit, 15> 16, 28*

30.

Crowther, Madam, 188.
Croyser, John, 214.
Cubbedge> Mich., 223.
Cumberland. 55.
Cumbermere, 72n.
Curcy, Alice de, 7n.
Currer, Miss, 105.
Curtenay, Reg. de, 8.
Cur wen, Agnes, d. Sir Hen. of Work-

iugton, 229.
Cutler, Sir John, 174.

DACRA. Daker, Dakra (Dacre), 4, o, 9,
9, 14, 60, 09, 77, 80, 87, 94, 100.

Dalagh, 9n, 14.

Dalhagham, 9.

Dalebank, par. Bishop Thornton* 254.

Dalton, 15.

Ralph de, 227* ; William, 228.

Danbv, Abstrupus, of Swinton, 234,
240 ; Margery, dau. of Sir Chr. of
Thorp Perrow, 222 ; Robert, 214 ;
William, of Swinton, 234.

Danebury, Essex, 1 40.

Darcie, Darcy, Sir Arthur, 160, 219 ;
Sir George, 219 ; Lady, 253.

Darell, William, 15.

Darnbrough, Thomas, 81.

Davenham, co. Chester, 223.

David, frater regis Scotiae, 10.

Dawson, George, and John, George,
and William his sons. 227 ; George
and Priscilla his wife, and Frances
and Dorothy their daughters, 252-4 ;
George and Frances, 223; Gilbert,
227 ; John, Un.

Dedinsall (Dinsdale) Over, co. Dur-
ham, 216.

Deopa, 13.

Derbie, Lady, 251 ; Lord, 248, 251.

Dernebroke, 7, 15.

Derwent, river, 181, 187.

I >< i wentwatre, 29.

Devonshire, Duke of, 186.

1 Hconson, Hugh, 246.

Dijon, 63>i.

Disford, Disseford, Dysford (Dish-
forth), 9, 15, 35, 37-8, 89.

Dodsworth. Roger, and his MSS., 94,
97, 99, 171, 186, 212.

Doncaster, Donecastre, 15.

Grey Friars at, 187.

Douay, 254.

Douglas, Dowglas, Duglas, Chaplain
of Earl of, 90 ; James, 199 ; Mr,
John, of Newcastle, 255.

Dovra (Dover), 12.

Downes, Eliz., 219.

Dragonis Fonte, Abbas de, 71.

Drake, F., 99.

Drax Abbey, 22n, 98.

Dromondby, Dromunby (Dromundby
in Cleveland), 9, 15.

Dublin Castle, 129.

Duffield, William, 250.

Dugdale, Sir William, 97, 148.

Dunecone (Duncan), William fil., 5,
29, 32 ; Aeliz., uxor., 5.

Dunelm', Durham, 20, 198, 208, 214,
222 ; Bishops of, 37, 220 ; Ant., 21 ;
Hugh, 3, 8, 10, 19 ; W. James, 225 ;
W. Kirkham, 187 ; Morton, 222 ;
W., 81.

Cathedral, 110 ; Prior and Con-
vent of, 81.

Dunesford (Dunsforth), 15.

Dunswicke, 22In.

Durelina, S. M. de, 7ln.

Dymoke, Margaret, dau. Sir Edward,
of Scrivelsby, 226.

Dyson, Robert, 221.

EASBY ABBEY, 149.

Eseby (in Cleveland), 9, 15,

94, 100.

Brother, 89, 94.

Eboracscira, 6, 39, 61 ; Ebor. comi-

tatus de, 20, 56w, 69, 97, 101 ; Ever-

wyk, county of, 51, 54 ; Vicecomes

de, 35-6.
Eboracum (York), 2, 4, 8, 15, 24-6, 28,

32.
Eccl., S. Petri. de, 18 ; Hugo

decanus de, 10.
Ebroicensis (Evreux) episcopi, Aud*

oenus, 2 ; John, 10.
Maurice, Archdeacon of, 10,

18.

Edulphus et filii, 29.
Edward, the Black Prince, 36/t, 55H,
Egglesfield (Ecclesfield), 228.

362

INDEX.

Eland (Elland), 15, 100.

Elienses episcopi (Ely), Eustachius,
12%; Job. de Cancia, 125, 128;
S., 47 ; Will. Episc. elect., 19% ;
Ely Cathedral, 206.

Elingestrengge (Ellingstring, parish
of Masham), 15.

Elingthorp (Ellingthorpepar. Aldbro')
15.

Elingwik, Ellewik, Eilnwick, 15, 25,
26.

Ellis, Thos., 250.

Elmden, Eliz., dau. of William, 213.

Elvington, 15.

Erne, Robert, Un.

England, Sovereigns of, Alured, Alfred
Yin ; Cnute, Canute, Yin ; Charles
I., 142, 222 ; Charles II., 4% ; Edwd.
the Confessor, Yin ; Edward I., 4%,
10%, 13%, 19, 20-21%, 25, 32, 35, 36,
43, 46-7, 61-2, 86, 95, 148, 160, 188 ;
Edward II., 3%, 22, 22n, 24, 28%,
31-3, 38-9, 49%, 95, 168, 198-9;
Edward III., 28, 30- In, 342%, 40/j,
43%, 46, 47, 49, 55%, 62, 96, 100, 212 ;
Edward IV., 1%, 4%, 60, 97 ; Eliza-
beth, 201, 223, 225, 253 ; Ethelred,
Adelred, Yin ; Henry I., 4. 4%, 24%,
61, 95, 170, 179; Henry II., 3, 4,
4%, 5, 6, 6%, 7-8%, Un, 12%, 19, 32,
45, 95 ; Henry III., 19%, 24, 32, 39,
55%, 95, 171, 182 ; Henry IV., 49%,
50, 50%, 97; Henry V., 49%, 50%,
52n, 93% ; Henry VI., 48, 49, 52%,
53%, 62, 82, 85, 97, 106 ; Henry VII.,
61, 97, 182; Henry VIII., 87, 91-2,
153, 185-6, 187, 201, 205, 209 ; Jas.
I., 4%, 24%, 92, 226 ; Philip and
Mary, 142; Philip, 253; Richard
L, 4%, 8, 10, 11, 11%, 12%, 13, 16,
18%, 19%, 21, 24 and %, 37, 40, 41,
43, 44%, 46, 48, 60, 95, 1 94 ; Richard
II., 13%, Un, 16, 47-8, 60, 62, 86,
96 ; Stephen, 1, 24 and %, 194 ;
William II., 179.

England, Queens of, Isabella, 56%;
Matilda, 3%.

Ergham, 195.

Ernclif, see Arncliffe.

Errington, Mr. Ralph, of Newcastle,
255.

Eryom, William de, 14%.

Eseby, see Easby.

Esholt, 116.

L'Espec, Walter, sen. and jun., 178-
82, 187-8, 190, 195 ; Adeline, w. of
Walter, 78-9 ; Hawisc, Albreda and
Adeline, sisters of Walter, 182.

Espeneae, 15,

Essartis, Rob. de and Ragen' nxor, 5.

Essex, Hen. de, 5, 5%.

Estholm, Hestholm, Insula de, 15, 28,

29.

Est Eeswick, 15.
Eston, 15, 16.
Estreham, 13.
Estutevill, Estotwill, Robert de fil.

Walter de, 27 ; William de, 26.
Etheluvold, St., 186.'
Eure, Anne, d. vVm. Lord of Witton

Castle, 226.
Euseby, 15.
Eustachius, s. of King Stephen, Earl

of Boulogne, 3 and 3%.
Everwyk, see Eboracum and York,
Evesham, 182.
Eveston, 16.
Ewens, Richard, of South Cowton,

and Eliz. his dau., 251.
Exeter, George (Neville), Bishop of,

89.
Eliz., dau. John Earl of, 241-2 ;

Thomas Earl of, 251.
Exilby, 51%.

FAIRFAX, LOBD, 186.

Falconberge, Lord, 99.

Fall, Thomas, 4%.

Farmery, Thomas, 89, 97.

Faukes, John, 59.

Fawconbridge, 249-50.

Fekesby, Fixby, 94, 100.

Fen cotes, Thomas de, 41.

Fermer, Mr., 161.

Ferybrigge, 15.

Fil. Gospatric, Torphin, 77-80.

Malgeri, Turgisius, 77-80.

Uctredi, Norman, 77.

Fitzhugh, and fee of, 51%, 129 ; Lora,
dau. Henry Lord, 217; Lord, 90.

Flasby, 56%.

Flattewith, 14.

Flaxman, 243.

Flodden, 200.

Foliot, Jordan, 1 9%.

Foljambe, Sir Godf., of Aldwark, 228.

Follifait, Folyfaith, 15, 100.

Folwood, John, 190.

Fortibus, see Albemarle.

Fossard, Nigel, 19%.

Foster, John, of Collingham, 221 n.

Fountains, passim.

Abbots of. Bradley, 136 ; Bi-

shopton, 21% ; John, 55 ; John de
Cancia, bp. of Ely, 125, 128, 130,

INDEX.

363

133, 139, 146, 151 ; Darnton, 127,
139. 219; Green well, 86, 88, 106;
Henry, 68 ; Huby, 62, 97, 127, 139,
14U3 ; Robert de Monkton, 3Sn ;
Richard, 63, 76, 79, 118 ; John de
Ripon, 113, 150 ; Swynton, 89, 103-5.
J., Monachus de, 56n ; Steph.,

monachus de, 14?t, 103-6.

Les Blanches, dioec. Tours, 71%.

Fowler, Mr., of Winterton, 193.

Frederic, king of the Romans, 39.

French, , 99.

Frere, Rafe, 91.

Friendless, Frendeles, Wapentake,

49%, 50, 51, 54.

Frith by, Firby, 178, 179, 188.
Fullam (Fulham) House, 99.
Fuller, Hugh, 101.
Furness Abbey, Lancashire, 51ft, 65%,

70%, 71% 72%, 194, 197.

GAIDINGTO&, Gaitington (Gedding-

ton), 10, 13, 13%, 22.
Gale, George, Mary his wife, and

Ursula their dau., 222.
Galhagam, Galghah (Galphay), 9, 14,

35, 37, 98.
Gandavo, Gaunt, John de, Duke of

Lancaster, Earl of Richmond, 47.

51%, 56 %.
Garforth, Matt., vicar of Harwood,

221.

Gargrave, 160.
Garton, 181.
Gascoigne, Justice, 98 ; Ric., 94, 97-8,

100.

Gauthorp, 15.
Gavestone, Piers, 7%, 212.
Gaysgyll, 56ft.
Gent, of York, 188-9, 191.
Geroldus Camerarius, 7#.
Gerouden, 68%.
Gerserd, Mr., 251.
Gersington (Grassington), 16, 56%.
Gevendale, Givendale, 15, 106.
Gichel, 77, 80.
Gilling, 214.
East and West, Wapentakes

of, 51%, 56%.

Gilpin, of Boldre, 108, 109%, 121.
Gipeswic (Ipswich), 3.
Girardus card-diac. S.M. in Via Lata,

76.
Girlington, Isab., d. Win. of Normanby,

co. Lincoln, 228.
Gisburn, 161.

Glanvilla, Ran. de, 8, 10.
Glover, the Herald, 51%, 216-17.
Gnoupe, 15.
Goakebush, 16.
Godfray, Robert, 221 %.
Godewinescales, Gonwynescalez, 15,

100.

Goiz, card-presb. S. Ceciliae, 68.
Gollecroft, 9, 14, 32.
Goodwyne, Humphr., 228 ; Mr. and

his wife, 228.
Gossesibacre, 16.
Gough's Topography, 93.
Graf ton, 15.
Grantelay (Grantley), 16> 214, 216>

219, 250.

Lord, 234.

Le Gras, Le Crassus, Le Gai*dus, of

Studley, family of, 211-12,
Gray, Sir Robert, 211.
Greene, family of, 252 } Honor, d

Raffe, 252.
Gregory, card-diac. S. Angeli, 71.

card-presb., S. Calixti, 76.

the Great, 67n.

Nazianzenus, 201.

card-diac., S. M. in Porticu, 76,

S. Sabinse episcopus, 79.

card-diac., SS. Sergii et Bacchi,

68, 71.
Greneberga (Greenbury, par. Cowton),

14, 35, 37-8.
Grenehamerton, 15, 20, 33, 35, 38-

41.

Grene's Norton, 161.
Gresham, Sir Richard, In, 91-2, 101,

108, 120, 245, 248; William and

Thomas, 245.
De Grey and Ripon, Earl of, 49, 113,

124, 158.

Greystoke, family of, 190.
Grisogonus, card-diac^ 70.
Grissethorp, 16.
Growelthorp (Grewelthorpe), 35, 37,

39, 40-1.

Grymesby (Great Grimsby), 15.
Guido, card-diac. 68, 71 and n.

card-presb. S. Grisogoni, 79.

card-presb. tit. Pastoris, 76

HACKFALL, 242.

Haddockstanes, 14.

Hage, one, 249.

Haget, Galfr., 10, 26; Roger, 33,

Hagh, 15, see Haya, De la,

Hagnlith (Hanlith), 16*

364

INDEX.

Hagthorpe, of Hagthorpe, 246.

Hall, John, 91.

Hallikeld, Wapentake of, 51ft, 56ft.

Haltemprize, Abbey of, 187.

Hameldon Hills, 195.

Hamelton, Wm. de, Lord Chancellor,

21ft, 95.
Hamerton (Green Hammerton, q. #.),

9, 37, 40, 41.

Isab. dau. Lawr., of Hammer-
ton, wid. of Eadcliff , co. Lane., 26 ;

John, s. Hen. de, John his grand-
father and Cicely his aunt, 42ft ;

Sir Ric. and Eliz. his wife, 217 ; Sir

Stephen, 217, 219.
Hampol, 116.
Hang East and West, Wapentake of,

51ft, 56^.
Harcla, Andr. de, Earl of Carlisle,

198-9.
Harcourt, Harecurt, Eliz., d. Simon,

Lord, 240 ; Rob. de, 10, 12ft, 18.
Hardcastle, Miles, 91.
Harewood, co. York, 7, 221ft.
Harlsey Castle, near Northallerton,

105.

Harrison, John, 89 ; William, 211.
Hartforth, near Richmond, 213.
John, dau. Thos., of Hartforth,

213.

Hartwith, 255.

Hasleam, Bridget, w. of Ralph, 253.
Hastings, 12.
Margaret, dau. Sir Hugh, of

Fen wick, 218.
Haukeswit, Haukeswyk, Hawkeswyk,

9, 16, 28-9, 37-8, 135.
Hawthorpe, John, 185.
Haxiholm, insula de (Isle of Axholme)

60.

Hay, James, Earl of Carlisle, 161.
Haya, De la, 94.

Hayden, Heyden-brigge, 30, 30ft, 33.
Heaton, Heton (Kirkheaton), 9, 15,

28ft, 35, 37-9, 43ft, 100.
Heatone, one, 249.
Hebden, Hebeden, 15, 39.

W. de, 211.

Hedonriddyng, 15.

Helghfelde (Hellifield), 16.

Helm, 15.

Helmsley Blackmore, 181-2, 184, 195.

Helte, Gwillo, fil, 29.

Helton, Northumberland, 181.

Hemingbro', 235.

Henricus, fil. Geroldi, camerarius, 7ft.

card-presb. SS. Nerei et Ach-

illei, 76, 79.
Henriquez, Chrysostom, 11, 64ft, 70ft.

Herbertus, 77, 80.

Herelhovve, Hereleshow, Herleshow"

(near Fountains), 1, 2, 4, 5, 13, 77,

80.

Herne, Mrs. Eliz., 233.
Heron, Sir Cuthbert, of Chipchase,

233 ; Sir John, 233 ; William, 214.
Hertilpole (Hartlepoole), 15.
Hertlington, 16.
Hesketh, Mr., 247.
Heslington, 247.
Hessayriddyng, 15.
Hestholm, see Estholm.
Hetton, 213.

Heversham, co. Westmerland, 229,
Hewik, Hewyck (Hewick), 9, 15.
Hewood, Mr., 250.
Heywood, Oliver, 256.
Higden, see York, Deans of.
Hillin, battle of, 210.
Hilton, church of, 181.
Holand Abbey, 71/t.
Holgrave (Howgrave), 16.
Hollin Close, near Ripon, 223.
Hollthorp, Ric. de, 42ft.
Holm, 15.

John de, 217.

Holm-Cultram, 65ft.
Holm Knottez, 16.
Holmside, co. Durham, 213.
Hood, 195-6, 210.

Sir A., 250.

Hopkinson's MSS., 233.
Hopperton, Hoperton, 16, 91, 98.
Horton, 15, 39, 91, 98, 211.
Hoton, Hoton, near Ripon, Button,

Hutton Conyers, 9, 15, 26, 40-1. 43ft r

98, 116, 214, et geqq.
Hovingham, 199.
Howden, 219.

Roger de, 10ft.

Howsham, 181-2.

Hubaldus, card-diac. S. M. in Via

Lata, 68.

card-presb. S. Praxedis, 76, 79.

Huby in Wharf edale, 15, 21ft.

Hudson, William, 106.

Hugo, Hostiensis episc, 76.

Hull, 91.

Humet, Ric. de, 5, 5ft.

Humphreys, Eliz., 238.

Humphries, Mr., of Ripon, 175.

Hunedgate, 16.

Hunesflete, 15,

Hunton, Mr., 238.

Huntynfelde, Peter de, 20.

Hutton, see Hoton.

Hylton Flygham, co. Westmerland,

216.

INDEX,

365

Hymarus, Tusculan. Episc., 76.
I

ILKELAY, Ilklay, Hkley, 15, 35, 38-9,

43 and n, 91, 98.
Ilketon, Ilkton, 15, 91, 98.
Imarus, Cardinalis, 70/i.
Ine, the laws of, 17 n.
Ingelby, Ingelbi, Ingleby, Ingilby,

John and Sir John, 99, 103, 105-6 ;

Mr., 254 ; Thomas, 101 ; William,

97-100 ; Sir William, of Ri-pley, 100,

220.

Ingerthorpe, Ingrithorp, 9, 15, 87, 91.
Ingleton, Rob., 214.
Ingram, Arthur, of Barrowby, and his

children, 233 and n ; Arthur, 233

and n, 236 ; Mallory, 233n.
Ivo, presb-card. S. Lawr., tit. Damasi,

68 ; tit. S. M. in Aquiro, 6Sn,
Irwin, Henry Vise., 233.
Isabella, sister of Hen. III., 39.
Ive, Thomas, 59.
Iveson, John, of Ripon, esq., 256.

JACINTUS, card-diac. S. M. in Cosme-
din, 79.

Jackson, Thos., and Debora his wife,
and Debora, Eliz., Honor, Priscilla,
and Stephen, their children, 252*4.

Thomas, chaplain, 232.

Jenings, Sir Edm., of Ripon, 235 ;

Jonathan, 231. 235-6, 238.

Jenison, Ralph, of Elswick and Wai-
worth, 233.

Jervaux, Gervayes, Joreval, Jorevallis,
Abbey of, 21-, 65 n, 7 In, 116, 150,
161, 183, 196, 202, 209.

Johannes, comes, 10.

card-diac., 70n ; card-presb.

SS. Joh. and Pauli, 71, 79; card-
diac. SS. Sergii et Bacchi, 76, 79 ;
card-presb. SS. Silvestri et Martini,
79.

Johannis, Bust., fil., 2, 5, 6, 69.

Rob., fil., 28.

Johnson, 223 ; Alex, of Preston, 231.
Johnstone MSS., 223.
Jore, Yorr, the river, 26, 80, 116, 229.
Julius, card-presb. S. Marcelli, 76.

KARLESMORE (Carlsmore), 15.
Karliolum (Carlisle), 21, 44, 46.

Kee, Mrs. Ann, 221.

Keldholm, 116.

Kenil worth, 31.

Kensington, 244.

Kent, the architect, 123.

Ketelwell, Ketelwella (Kettlewell), 9,

1 6, 56w, 98.
Kilburne, Low, 196-7.
Kilkesei, Kylnesey, Kylnesay (Kilne-

sey), 9, 14, 20, 28-9, 78, 80, 87, 89,

91, 95.
Kirkaby, Kirkeby, Kirkby, 9, 37, 40-1 ,

96.

Fleetham, 242-4.

Grendal, 181.

Malasart, Malzeard, 15, 28%

35, 37, 39-41, 63 n, 60.

South, 233.

Useburn, Ouseburn, 15, 24, 32,

95.

Wich, Wisk, 9, 9% 14, 37-8, 87.

Kirkbyshire, 42% 48w.

Kirkham, Kirkeham, Monastery of,

22n ; Account of it, 177-193 ; Abbot

of, 36n ; John Kilwick, prior of,

185 ; Waltheof, prior of, ISOn ; Wil-
liam, prior of, 178, 184.
Robert. 61 ; Dr. Thomas, 187 ;

William* 187,
Kirkeham erton, 15, 33.
Kirkheton juxta Brad el ey, see Heaton.
Kirklington, Kirtelington, 15, 227.
Kirkstall, Kirkestal, Abbey, 18% 22 n,

65>i, 109, 205, 207.
Kirk stead, Kirkestede, Abbey, 18%

119.
Knaresbrough Church, 218 ; Forest

of, 191 ; Honor of, 6% 7n.
Knighton's Chronicle, 199.
Knoll, John, s. John de, 168.

LACY, family of, 129, 164, 175 ; Henry
de, Earl of Lincoln, 20.

Lambehith (Lambeth), 85.

Lancaster, 159-60 ; county of, 51 ; J.,
Duke of, see Gandavo de ; Mr., 226 ;
Thomas, Earl of, 160, 168, 198-9.

Landesmerc, 16.

Lanercost, Chronicle of, 198.

Langestrete, 9.

Langestrod(er), Langestrothe(r), 9,
15, 32.

Laon, 3n.

Lascell, Lascelles, Lassels, P. de, 16 ;
Roger, 219 ; Sir Thos., of Bracken-
burgh, near Thirsk, 224.

366

INDEX,

Lastingham, 115*

Lateran, The, 12w, 68, 76, 79.

Latimer, Eliz., d. Richard Lord, 222.

Laverton, 9, 16.

Lawghton, Charles, 228.

Lawrence, Mrs., 112-13, 123, 150;

William, of Ripon, Anne Sophia his

wile, and their children, 242-4,
Lawson, Thomas, and Margaret his

wife, 228 ; William, 185.
Leadom, Raphe, 25.
Ledgeurd, Legard, John, of Ganton,

223, 225,
Leeke, Mr. Guy> 231 ; William of

Newark, and Eliz. his dau., 231 and

n.
Learecestrise, Leicestrise, Rob. comes^

5, 10.

Leland, 199.

Lemovicensis (Limoges), J., 102.
Lexoviensis (Lisieux), Ernulf, Episc.,

4.
Lincoln, 18*, 19*, 182 ; Statute of,

49ra.

Bishops of, Alex., 2 ; Rob.> 3.

Lincoln's Inn, 224.

Lindleia, Lindley> 94, 100.

Linton, Lynton, in Craven, 16, 56ft,

181, 184, 211-14, 216, 219-20.
Lirom, Dona., 64%.
Lisa, in Norway, Abbey of, 119.
Lister, Lidster, Mr., 222 ; Mr. Walter,

of Ripon, 227.
Litelhagh, 16.
Litton, Lytton, Lyttondale, 14, 19/t,

25, 38, 39, 42 *, 87, 91.
Liversedge, Liversegge, 15, 89.
Lloid, Broythwell, and Honor his

wife, and Charles, 252-4.
Lockwood, Mary, 238.
Lofthouse, Lofthous, Lofthusun, 14,

15, 27.
London, 90, 105, 120, 122, 185, 224,

227, 232, 237, 240, 244.
Bishops of, Juxon, 98 j Laud,

91 ; Ric., bp. elect, 19.

Grosvenor Square in, 241, 244.

Record Office, 101.

Six Clerks Office in, 255.

Tower of, 241.

Tower Wharf in, 226.

Priory of H. Trinity in, 17/t.

Lonesdale, Lonsdale, 16.

Lonethwaite, 16.

Le Long, 11.

Longelay, 16.

Longo Campo, W. de, 10.

Lothenrigge, 16.

Lound, John, 214.

Louth Park, Abbey. of, Hi).

Louvaine, 175,

Lucy, family of, 175 ; G. de, 10 ; Hie.

de, 3 and 3n.
Lyndall, Chr., 223.
Lyverton (Liverton), 15.

, Joel de, 12>&.

Maghenby, Magneby (Maunby), 9, 15.

Malassart, see Kirkby.

Malbis, Malbisse, Malebisse, Ric., 15^
25, 32-3, 39, 43*.

Malgum, Malhom, Mallum, Malho-
mora, Malgewater, Malwatre (Mai-
ham in Craven, Malham Moor, Mai-
ham Water or Tarn). 7, 8, 9, 14, 28*
9, 33. 35, 38-9, 56%, 57, 87, 87,
211 ; West Malham, 246,

Mallorie, Mallory, family of, 129, 174 5
Account of, 2l4, et seqq. ; Mr. John,
Sir John, 247-8 ; Mrs., 253-.

Malmesbury, William of, 200.

Malolacu (Mauley), Edm. de, and
Peter de, 25 ; family of, 190.

Malthouse, Isab., 216.

Malton, 91, 181, 183, 187 ; Malton
Abbey, 22n.

Manchin, Machon, Gilbert, 227.

Manfredus, card-presb. S. Sabinae,
76-7, 79.

Manners, Sir Robert, 182.

Marc, W., 3, 3n, see Martel.

Marescallus (Marshall), Wm., 12.

Maria, dau. Queen Matilda, 3n.

Markenfield, Merkingfeld, Merkyrige*
felde, 9, 15, 129, 139.

John de, 90.

Markington, Merchington, Merkyn"
ton, 9, 15, 77, 87, 91. 93.

Marmion, Marmyon, 129 ; Alice de,
and John de, 42 ; William, 85.

Martel, W., Albreda, w. of, and Geof-
frey, s. and h. of, 3n.

Marthieby, John, 85.

Martin, Mr. John, 123.

Martin's, S., near Richmond, 98.

Martinus, card-presb. S. Steph., in
Celio Monte, 68.

Marton (le Moor), 9, 20, 62, 80, 89,
95 ; cum Caldwell, 14.

Masham, 100.

Mauleverer, family of, 174 ; Sir Thos.,
232.

Maundevill, Mandevilla, William de,
Earl of Essex, 10, 13, 22.

Mearley, Little, 173,

INDEX.

Mechlin, 226.

Meeres, Faith, of Aldwark, 228.

Mehnerby, 15, 35, 38-9, 42/4, 89,
100.

Melrose, William, prior of, 184.

Melsa, see Meux.

Melsanby, 15.

Merston (Marston), 14, 15, 25, 28, 35,
38-9, 42/i.

Meschin, Ralph. 194.

Messenger, family of, 108, 120. 254-6 ;
John, 25n ; John Michael, 121 ;
Mr.,35tt, 92-3, 103-4, 108.

Meux, Melsa, Abbey, 22/i, 64/i, 65/z,,
89, 98, 100, 116, 119, 168.

Meynell, Eliz., d. Geo. of West Dai-
ton, 254.

Micklehag, Mikelhagh, 16, 27.

Middilbrough, Robert, 89.

Middleburgh, 197.

Middleham, 89, 106.

Midleton, 9, 15, 35, 37-8.

Mildeby, near Boro'bridge, 15, 42,
106.

Milford, 224.

Milton, Ric. de, 20w.

Mitchell, Thomas, of Angram, 256.

Mobberley, co. Cheater, 223.

Molesme, 7Qn.

Monkbretton, 98.

Monkton super Moram, Munketon
(Moor Monkton), 15, 35, 38-9, 42rc,
43%.

Montage w, Mr., 161.

Moorecroft, John, 236.

More MSS., 171.

Moreton, Earl of, 181.

Morkar, Morcher, Morker, 9, 13, 14,
19. 20, 61, 77, 80, 94-5, 100, 255.

Morland, William, 61.

Mortimer, Mortuomari, Hugh de, Qn ;
Richard, Abbot of, 8, 8/i.

Morton in Airedale, and East and
West, 15.

Morvill, Margaret, 3 ; John, 213.

Morwyn, Richard, 185.

Moseley, Mary, d. John, 232, 234.

Mount joy, near Jerusalem, 171.

Mowbray, Molbray, Moubray, feodum
de, 40-2 ; family of 126, 129 ; John
de 60 : John de. and John his father,
48w ; John de, dom. de Axholm and
Brembre, 96 ; Roger de 5, 9, 9%, 14,
16, 37, 40, 42, 43, 149, 209-10 ; Roger
de and Aaliz uxor, 77, 80 ; Roger
de 194-6 ; and Gundreda his mother,
210.

Mutton, 9, 15.

Myton, 210.

NAVARRE, C. rex, 102.

Naylor, Geo., 25/t.

Nethe, 71vt, 72.

Netley, 209.

Neuby, 9.

Neuby super Swale, (Newby) 15, 225.

Wisk, 15.

Nenhala (Newhall), 61.

Neusom, Neusum (Newsham), 15, 25.

27/a, 38, 39, 42. 120.
Ranulph fil. Rob., de, 27, 42/t,

and Ralph his grandfather.
Neuton (Newton) super Swale, 15,

56 H:

Neville, family of, 129 ; John s. John

de, 28/i ; neece, 228 ; Ranulph de,

25 ; Ric., Earl of Salisbury, 100.
Newcastle-on-Tyne, 198.
Newminster, Novum Monasterium, (in

Northumberland) abbey of, ISn, 70n,

119, 159 ; Prior of, 106.
Newsham, par. Kirby Ravensworth,

254.
Newton, in Craven, 16.

jaxta Leeming, 100.

Edm., 185.

Nicholson, Fr., dau., John of York,

233.
Niderdale, 14, 16, 48w, 60, 77, 80, 96.

Foresta de, 5, 100, 105.

Nillson, Mr. Geo., 237 n.

Norcliffe, Benj., 4n.

Norcouton (North Cowton), 9.

Norham Castle, 198.

Norm, Mr., thesaurar, I2n.

Normandy, 37/i.

Northalreton, Northallerton, 199, 219,

220.

Northampton, Statute of, 49/i.
Northous, 16.
Northrythyng, 38.
Northumberland, 178, 199 ; Earl of

89, 90, 201, 221.
Norton co. Durham, 222.
family of, 129 ; Madam of

Dishforth, 237 ; Ric., of Norton

Conyers, 214 ; Sir John his son,

214, 220 ; and Jane d. Sir John,

220.
Norwich, Ric., dc, 45 ; Wm. Bishop of,

20.

Nostell, 22/i, 178.
Novum Monasterium. Alberic Abbas,

70*

Nowell, John, 185.
Nuber, Trothe, 228.
Nunkeeling, 91-2.

368

INDEX.

Nunwick, 219, 220, 236.

Kath., d. Wm. of Nunwick,

215.
Nuttewith, Notewhit (Nutwith), 9,

14, 15.

OCTONIS, Hugo fil., 20,

Octovianus, card-diac. S. Mic. in
Carcere, and S. Ceciliae, 68, C8.

Odo, card'diac. S. Nic. in Carcere
Tulliano, 76.

Oliver, Chr., 191.

Osgodby, near Selby, 235,

Oswaldkirk, 201.

Ottelay, 15.

Otterburn 15.

Otto, Oddo, card-diac. S. Greg, ad
Velum aureum, 68, 71, 76, 79.

Oulecotez, 16.

Ouse, Usa, Use, The, 6%, 7%, 25-6.

and Derwent, Wapentake of>

55%, 66/t.

Outhwaite, one, 248.

Oxford, Oxenford, 89 ; Bodleian Lib-
rary at, 94, 100 ; par. S. M. Magd.
at, 84 ; Coll. S. M. and S. Bernard
at, 381-3; Univ. of, 82-5, 167 ; Univ.
Coll. at, In, 84, 94, 97, 100,

John de, 8tt ; Simon de, 102.

PACKINGTON'S CHRONICLE, 199.

Paler, David, 246-8.

Palmes, Sir Bryan, 231 ; Mary d. Sir

Guy, of Lindley, par. Otley, 230.
Papworthams, co. Cambr., 215.
Parco-Lude (Louth Park), Abbey of,

18%, 65%.

Parkinson, James, 185.
Patricius comes, 5.
Paulinus, 181.
Paynel, family of, 190.
Pedelarrun, Ric., 77, 80.
Pencester, Stephen de, 20%.
Pendle Hill, 162.
Pepper, , 99.
Percy, family of, 126, 129, 174-5 ;

feodum de, 14, 42 ; Agnes de, 9 ;

Alicia de, 25 ; Lord Henry, 148-9,

171, 246 ; Ric. de, 16, 19%, 25, 42% ;

Wm. 7-9, 15, 16, 37, 40, 77, 159, 163,

171.

Peterbro', abbot of, 20n.
Petrus, card-diac. S.M. in Via Lata, 71.

Phillipps. Sir Thos., 100.

Picale, Pikall, Pikehall. etc. (Pickhill),
15, 25, 28, 35, 38, 39, 42%. 94, 100.

Pickering, Rich., 89 ; Sir Wm. and
Wm. his son, 201.

Pickersgill, Miles, 250.

Pipewell Abbey, Northants, 13%, 119,

Pisa, Council of, 69%.

Plantagenet, 189.

Pluinpton, Joan d. Sir William of
Plumpton near Knaresbro', 215 ;
Wm. de, 90.

Pole, Sir Wm. de la, and Kath., ux.,
212,

Pollington, family of, 252.

Pontefract, 98 ; monastery of, 22%.

Pontignj , 206.

Popelton, 9.

Popes Adrian IV, 76, 79 and n )
Alexander III, 79 ; Alexander IV,
65% ; Anastasius IV, 70%, 71, 71%,
76 and n ; Benedict III., 66 ; Bene-
dict XII, 100; Calixtus II, 12%,
70n ; Celestine 12% ; Clement, \2n ;
Eugenius III, 65-, 66 and , 68, and
71, 69 and n, 7Qn, 70 and n, 72n, 73n,
75n ; Gregory IX, 65w ; Honorius
III, 64w, 65^ ; Innocent I ; 63 ;
Innocent II, 63, 65, 66 and n, 67n,
68n ; Innocent III, 1ft, 63, 137 ;
Innocent IV, 65% ; Leo IX, 67n |
Nicholas I, 67% ; Nicholas II, &7n ;
Paschal II, 70% ; Urban III, 65%.

Potman, Mr. Wm,, provost of Beverley,
219.

Potte, manerium de, 15, 25.

Potter, Ric., 250,

Preston, 39 ; juxta Arnclyff, 56%.

Prikstrikrode, 15.

Procter, Geoffrey, of Nether Bordley
par. Rilston, and family, 246 ;
Geoffrey of Malham, 246 ; Henry,
246 ; Sir Stephen, 4w, 24%, 92, 108,
120, 125, 245-54 ; His wife, 250,
252-4 ; Thos., 254.

Prout, the painter, 193.

Pudsey, Stephen and Beatrice his wife,
252-4.

Pulleyne, Alice, and Mr., 221%,

Pulton, 71%.

Putchius, Elias, 102.

Pygot, Ranulph, 214.

QUARRAM. JOHN. 81.
Quarre abbey, 71%. 72 w.
Quartermayns, Ric., 85 t

INDEX,

369

Queldrick cum Almarre, Qweldrik,
(Wheldrake), 15, 25, 25%, 89, 96, 104,
237.

Qu erf dale (Wharf dale) 16.

Querlton, (Whorlton) 15, 35.

Quickesleia, Quixelay, Quyxlay
(Whixley) 15, 38-9., 42%.

John, jun., 214.

Quinholm. (Whinholm) 15,

RABAYN, ELIAS DE, 214.

Radcliffe, Sir Geo., of Cartington and

Dilston, 220.

Rainerius, card-presb. S. Priscae, 68.
Rainington, Raynington, Renington,

(Raiiiton) 15, 25-6, 35, 38-9, 42%,

94, 100, 223, 225.
Raley, (Relly) co. Durham, 90.
Randol, Thos., 199.
Raner, Wm., 89.
Ranson, Johr, 98.
Raper, John, 14%.
Ratcliffe, Ric., and Agnes ux., 217.
Ran marsh, 228.
Raven srode, burgesses of, 23%.
Rawlinson, Anne d. Sir William of

Hendon, 240-1,

Dr. Richard, 100.

Raymund, G., 16.

Reade, Eliz. d. of Burkshall co.

Oxford, 218.
Reading abbey, 5%.
Redekerr (Redcar), 15.
Redlay, 16.
Red mire, Redmer, 15.

Copsi de, 71.

Reinebergha, 69.

Reinfrid, Gilb., fil., 42/i,

Revesby abbey, 18;*.

Rheims, Council of, 69.

Ribaldus, card-presb. S. Anastasise,

68.
Riblesdale, Ribble, Vale of, and River,

16, 159, 161, 174.
Richmond, 213-14 ; Archdeacon of,

223; Church of, 149; Richmond-
shire, 51%.

Rie, River, 116, 195-6.
Rievaux, Revalle, Rie vail, Rivaux,

Abbey, ISn, 22>i, 65/i, 116, 178-9,

180, 182-4, 190, 199.
Abbots of, 13/i ; Aelred, 180 ;

Edward, 9%, 153.
Rigton, Riggeton, Rygeton, 15, 21%,

33, 35, 38-9, 42%.
Rimiugton, 167 ; William de, 167.

Ripley, Rippelay, 15, 100 : Castle of,
91, 93, 97-8, 100, 103, 220.

John, 89 ; Leonard, 250.

Ripon, Rypon, Rippon, 15, 25%, 87-8,
90,92, 105-6, 108, 115-16, 123, 145,
149, 188, 198-9, 212, 214, 216-17,
219, 220, 223, 225-6, 228, 230, 255.

Boy Bishop of, 90.

Chapter of, 8, 99.

Liberty of, 211.

Manor of, 14/t.

Minster, 202, 205, 207, 216,

218, 220-3, 225, 232, etc. ; Chantry
of S. Jo. Ev. in, 217 ; Altar of B. M.
in, 216 ; Chapel of S. Matthew,
216 ; Chantry of S, Wilfrid in, 217.

Parks, 218.

Marquess of, 244 ; William de,

14%.

Robert, card-presb., 71 and %.

the Sadler, 88.

St., 64%.

Robinson, John, 25#.

of Newby -on- Swale and Stud-
ley, Eliz., Mary, and William, 238 ;
Dame Mary, 233n ; Thomas Philip,
Earl de Grey, 244 ; Sir Thomas,
238 ; William, 236-7 ; Sir William
of Newby, 237, 244.

Rocel, Roscel, Magister, 10, 18, 21.

Roche, de Rupe, Abbey, 18, 98, 116,
119, 146, 202.

Roche, William, 214.

Rodes, Sir John, of Barlbro', co. Derby,
228.

Roffensis (Rochester), Gilbert, Bishop
of, 10.

Rogerius Cancellarius, 2.

Rokeby, Rokesby (Roxby), 15, 25, 28,
35, 38-9, 42%, 94, 100.

Rokesby e (Rokeby), Mr., 224.

Rolland, Cardinalis, 76, 79.

Romaldkirk, N.R.Y., 223, 256.

Rornelay, Rumelli, Rumeley, Romille,
family of, 126, 129, 159 ; Alicia de,
16, 28, 30, 32-3 ; Alicia fil., 16.

Ronwell, 15.

Roos, Ross, family of, 181-2, 190-1 ;
Lord, 187, 189 ; Peter de, 10, 182 ;
Robert de, 182 ; Thomas de, 182 ;
William, son of Robert, 182 ; Wm.
de, 182-3; William, second lord,
189.

Roschilli, Ulf fil., 8.

Rotherham, 228.

Rothom' (Rouen), Galfr., 8.

Rowth, Brian, 219.

Rudston, Nic., of Hayton, 221.

Ruford (Rufford) Abbey, 18;*.

370

INDEX.

liupe, de. See Roche.

Rupert, Prince, 224.

Rupes Andeliaci, 10, 18. 21.

liussin, in the Isle of Man, 7ln, 72n.

Rutland. Duke of, 182.

Ryley, William, 25n.

SALISBURY, Sarisberiensis, Alexander,

Archdeacon of, 17 n ; Earl of, 90 ;

John, Dean of, 8, Sn ; Herbert, bp.

of, 12n.
Salleia, Salley, Sawley, 9, 16, 22n,

116, 119, 139, 144, 158-9, 176, 183.
John, Abbot 'of, 176 ; Wm.

Trafford, abbot of, 66.
Sandehoton (Sandhutton), 15, 35, 38-9,

40-1.

Saningthwait, see Sinningthwaite.
San ton, 15.

Saranel, valley of, 210.
Sartis, Sarez, Sais, Rob. de, and Rag-

anilda ux., 77, 80, 97.
Savigney, Abbey of, 7ln ; Serlo, Abbot

of, 70ra, 7 In.
Savile, Savell, Savill, family of, 201 ;

Ann, 219 ; Baron, 248 ; Eliz., 218 ;

Mr. Henry, 200 ; Sir Henry, 94 ;

Mr. Thomas, 227.
Sayer, Eliz., d. Nicholas, of Wilford,

Notts, 250.

Scabbed Newton, 15.
Scarborough Scardeburg, 15, 183 ;

Castle of, 4ft ; Church of, lOn, lln,

12n, 13n.

Scattergood, Eliz, d. John and Ara-
bella, 237.
Schagh, 15.
Scorton, 15.
Scothorp, 16, 28.
Scotland, 31n ; King of, S5n ; David

I of, 191, 194.
Scott, Margt, 253.
Scotton, 15.
Scrop, Scrope, Geoff, le, 28n ; Margaret

dau., Simon of Danby, 256.
Scruton, Hen, 89.
Sedbusk, 221.

Seez, Sagiensis, Joh., bp., of, 2.
Selby, 22n, 98.
Serlo, 118.
Seymere, Rich., 185.
Shackledon, 195.
Shether, Joh., Un.
Shore, Jane, 253.
Siadwell (Shadwell) 15.
Sibton Abbey, co., Norfolk, 7n, 17 ti,

Sin derby, 15.

Singleton, Jas., 250.

Sinningthwaite, Saningthwait, Synig-

thwait, 26, 65ft, 116.'
Sixford, 9, 14.
Sixtendale, 181, 184.
Skeggenese, Rob., de, 43?i.
Skell. river, 116, 229, 239.
Skelldale, 116.
Skelton, 15.
Skipton Castle, 232 ; Lady of, 164.

on Swale, 15, 100.

Skyton, 94.

Sleningford, 14, 19, 20, 25, 27, 95.

Slingsby, Sir Hen., of Scriven, 240 ;

Thos. and Marm., his son, 218, 221.
Smith, Smithe, Mr., 153 ; Thos., 223.
Smyth, Dr. Rich., 217.
Snape, Joh., de, 27.
Snapes, co., Essex., priory of, 3ft,
Snareston, John, 34.
Solomon, a fool, 90.
Som.erode, 15.

Somerwith, Somerwych, 19, 20, 61, 95.
Somner, Will., 253.
Sparke, 249.

Sparth, Agnes and Wm., 100.
St. Albans, 106-7.
St. Edmund, Mr. Roger de, 12n.
St. Neots, 17ft.
St. Quintin, V. de, 12ft.
Stafford, Anne d. Sir Edw., 230.
Stagno, Wm. de, 10, 18.
Staincliffe, Staynclif, and Ewecross

Wapentake, 9ft, 51, 51%, 56w, 154

232.

Staintou, co. Durham, 183, 213.
Stancius, presb-card., 68.
Stanhoj p, Sir Edw. 246-8.
Stapleton, Stapilton, Stapylton, 15 ;

Family, of Myton, 202 ; Mr. Martin,

210 ; Sir Rob. of Wighill, 221.
Staynburne, (Stainburn) 15, 33, 35,

38-9, 40-1, 42ft.
Staynlay, Steinley, Stainley, South,

9, 15, 100, 256.

Joh., de jun., 14ft.

Stay nth wayt, 15.

Staveley, Frances, Wm., and Miles,

218, Ninian of Ripon Parks, 221 ;

Wm. of North Stainley, 231-2.
Steele, Mr., of Haddockstones, 247.
Stell, Ann, 250.
Stella, co. Durham, 213.
Steton, 56w.
Stockyng, 196-7.
Stodlej see Studley.
Stokesley, 15.
Stonyhurst, 162.

INDEX.

371

Stopham, family of, 190.
Storer's Fountains Abbey, 90.
Strangewayes, Sir Jas., 89, 105.
Stratford, Strateford, 65/4, 72n.
Strickland, Walter, of Si/ergh, 256 ;

Sir Wm., 99.
Stryvelyn, 195.
Stutevill, Rob., de, 197 ; W. de, 16,

24, 32.
Studley, Stodlay, Stodley, 9 ; Chapel

of B. M. at, 216, 219 ; Account of

the lords of, 211 et seqq.

Hall, 86.

Nether and Over, 16.

Roger, 227.

~ Royal, In, 14/4, 25/4, 33%, 95-6,

98, 104, 108, 118, 121.
Suani, Ad. fil., 69.
Sussex, Earl of 222.
Sutton, Sutuna, 1, 2, 4-5, 9, 14, 16, 19,

20, 09, 76-7, 80, 95.

Ambr, 228%.

Swanley, Swanlay, 14, 89. 211, 255..

Swanton, Joh., de, 20/4, 36.

Swetton, 15.

Swilte, Mary and Rob., 219.

Swine, 91-2, 116.

Swineshead, 72%.

Swynden, 56%.

Swynton, 15.

TADCASTEB CHURCH, 159.

Tailiour. Walter, 14/4.

Takebrooke, co, Warwick, 214.

Tancred. Tankard, Hen., 246-8 ; Thos.
of Fountains, 255.

Tanffeld, Tanfield, 14, 15, 51/4, 89.

Taverner, Job., 14%.

Tempest family of, Bracewell, 174-5.
of Studley, 212-14, 265.

Thame Abbey, 65%,. 7 In.

Thirsk, Tresk, 15, 90, 194-5, 228, 251.

Thomas, Cancellarius, 4, 5.

Tboresby, the historian, 108, 120.

Thornbergh,. 15.

Thornton, Thorneton, 26, 56%.

Episcopi, 15.

juxta Brerton, 15.

in Mora, 15, 25, 35, 38-9, 43%.

Rust, 15.

Abbey, co, Lincoln, 180/4 ; Ric.,

prior of, 180%.

- Mr., of Cattal, 92 ; Wm., 250,

253.

Thorp, Trope, 14, 25, 42%.

Sub. Bosco (Thorp-under-
wood) 14, 20, 95, 113.

Thorpp juxta Brynsall (Burnsall), 16,

56%.

r in Burghsira, 26.

juxta Nuttewith, 15.

Threscefeld, Thereshefeld, Thressefeld,

Tresfeld, Treshfeld, Threshfield, 16,

25,28,35,38,39, 42%, 56/j.
Helyas fil Adse de, 42/4 ; Helyas

fil. Helige de, 28.
Thrilekelde (Threlkeld), 16.
Thwaites, Margt., d., Edm., of Lund,

218.

Thweng, Mann., de, 25.
Tibbotot, Rob., 20.
Tickhill, 218-19.
Tintern, 209.
Tirplady, Wm., 204.
Titelington, 181.
Todd. Dr. Hugh, 97.
Tomson, Rob., 89.
Tonstall, see Tunstall.
Topcliffe, 89, 90.
Torre's MSS. 212.
Towton, 182.
Trafford, TrefEord hill co. Durham,

212-14,225.
Traily, Nic. de, 182.
Tredarf, Rob., 85.
Trent, 199.
Tresk, see Thirsk.
Trotter, one, 249.
Trutesdale, 69.
Tonstall, Tonstall, family of, 104 ;

Mic., of Durham, 256 ; Mr. Ralph,

222.

in Kent, 20%.

Turbutt, Wm., of Ripon, 235.

Twickenham, 244.

Tyrwhitt, Tyrwhyte, a boy, 105 ; Anne,

228 ; Rob., of Twigmore, 228 ; Sir

Rob., 228- ; Thos., and Trothe, 228 ;

Sir Wm. of Scotter co. Lincoln, 228.

UDEN, 7.

Ukerby, (Uckerby), 15.

Ure, sec Yore.

Usburn Parva (Little Ouseburn) 15,

33.
Use, Usa, see Ouse.

VALE ROYAL, 65%.

Vallis Dei, Vaudey Abbey 65%, 119.

Vatican, The, 65/4, 95.

372

INDEX.

Vaughan. Mrs.. Douglas and Susanna,

231 ; John, 231.
Vaux, 189 ; Maud d. John of Freston,

189.

Vaussoire in France, 65*.
Vavasour of Hazlewood, 174 ; SirWm.

of, 211 ; Wm. le, 211 ; John of

Newton, 41.
Vere, Bob., de, 3, 3n.
Vernon, Eliz., d. Sir Chas., s. of Sir

Thos., 241 ; Judith d. Sir Thos., of

London, 240.

Vescy, Eustace de, Wn : John de, 20.
Vienna, lOn.

WADDINGTON, family of, 235.

Wade, Mary, 233.

Wai bran, 87 n.

Wales, 6, Qn.

Walkbourne, 213.

Walker, Sir Edw., garter, 235.

Walkingtou, Nic., 187.

Waller, Edm., of Beaconsfield, 240 ;

Stephen of do, 341.
Wallerthwaite, 15, 87.
Walmesley. Thos., 99.
Waltham, John de, 31, 45, 62.
Waltheof, Earl, 181.
Walton, 16.

co. Leicester, 214.

Waltrebergh, 16.

Wandesford, Chas., of Kirklington,

afterwards Lord Castlecomer, 238 ;

Mr., 222.
Warcopp, John and Thos., 227 ; Wm.,

of East Tanfield, 227, 232.
Ward, Margt., d. Sir Roger of Given-
dale, 220 ; Roger, 106.
Warden, Wardon Abbey, co. Bedford,

18, 178-9.
Wardonmersk, 15.
Warinus, Garinus, fil.Hen.,fil.Geroldi

Camerarii, In.
Warle, Ingelard de, 23n.
Warsell, Wartsale, Warteshall, 9, 14,

69, 105, 120, 223, 245.
Warthill, 16.

Wartre, 15, 22n, 25 ; The Prior of, 96.
War wick, Ware wyk,Margaret Countess

of, 161.

Maud, Countess of, 9, 159, 163.

Washington, 174, 213, 217, 225.
family of, 235 ; Elenor, dau.

Sir Wm., of Washington, and Margt.

his wife, 213.
Wath, near Ripon, 97, 228.

Watkinson,Dr., 235 ; Mr. Wm., 246-8.
Wattendeland, 15, 32.
Watton, mon. of, 22n.

Gilb., de, 27.

Waverley, abbot of, 22n.

Waynford, 14.

Weaverthorpe, 183-4.

Weddell, of Earswick, family of, 161 :

Wm., 161.

Wells, Cathedral, 206.
Weltden, Rich., 214.
Wentworth, Anne, 219.
West Indies, 224.
Westmonaste.rium, Westminster, 19/j,

34, 36 and n, 44, 46-50, 55, 59-62.
Westmoreland, 197 ; Earl of, 90, 221.

Ralph, Earl of, and Joan, Countess

of, 51n.

Westow, 181, 183.
Wetherill, Wm., 221.
Whaddon, co. Cambridge. 213.
Whalley, 159-60, 162.
Wharf, John, 89.
Wharton, Humphr., of Gillingwood,

254.

Wheldrake, see Queldrik.
Whitaker, Dr., 86, 116, 160, 171, 212,

242.

Whitby, 22, 98, 115, 183. 195.
Whitehall, 232.

Whitherne, G., Bishop of, 81, Sin.
Whitkirk, 233-4.
Whittingham, Sir Tim., of Holmside,

co. Durham, and Thos. his son, 254.
Whitwell, 181, 183.
Whixley, see Quixeley.
Wickham, 116.

Widdrington, Oath., d. Edw., of Swin-
burne, 226.
Wieton, 26.
Wigan, 168.
Wiglesworth, 15.
Wildon, 195.

Wildecher, Hugh de, 179.
Wilkinson, Peter, 185; Robert, of

London, 207.
Willelmi, Rad. fil., 25.
William, rector of Garton, near Drif-

field, 178.

Willis, Professor, 207.
Winchester, 129, 130.

Cathedral, 206.

Godfrey, bishop of, I9n.

Winckles, Mr. Griffith, 250.
Winkesley, Wynkeslay, 16, 42#, 214,

216. 220.
Winsley, 255.
Wintringham, 15.
Withes, John, 227.

IKDEX.

373

Withfeld, R. de, lO.

Withington, 15.

Woburn, 89, 119.

Wolronwell, 15.

Wombwell, Nic., 219.

Wood, family, of Copman thorp, 233 ;
Edm., 249-51 ; Matt.) 2on>

Worcester, 36n ; Bishop of, Chancellor
of Edw. II., 22n.

Wordsworth, the poet, 106.

Wormley, Mr,, 22 In.

Worsley, Thos., hia wife, and Ann, his
dau., 238,

Wortley, Sir Fr., 99.

Wray, Grizel, w. Sir John, 225.

Wright, Wm., 91.

Wymbleton, 15.

Wyrrall, Wirsall, Worrall, Edmund,
218 ; Gervase, 219 ; Hugh, of Lover-
sal, 219 ; Thos., of Liversedge, 218.

Wyvill, Solomon, 25n.

YARLESTRE and Wyndyates, trithinga

de, 55w, 66#.
Yarnewik, 15
Yarum, Yarm, 15, 198.
Yeland, 94.

Yeoman, Eliz., dau., 255.
Yewcross, Yhucros, Wapentake of, 51 n.
Yore, river, see Jore.
York, Anne d. Sir Ric., 218 and n ;

Sir Edward, 223 ; Sir John of

Goulthwaite, 226.

York, city of, 3w, 6n, 7n, 23tt. 89, 91,
186, 187, 194, 218, 227, 233 ; Mayor
and Citizens of, 23n.

Duke of, 89,

York. Bishophill in, 235 ; castle, 217,
220, 233, 246 ; Corpus Christ Guild
in, 216-17 ; Penleycroft in, 235 ; H.
Trin., Goodramgate, in, 237-8.

St. Leonard's Hospital in, 161.

St. Mary's Abbey, 22>i, 115-16,

118, 161, 194; Abbot of, 36/i ; St,
Mary's Tower, 94, 98, 171, 200.
210.

York Minster, 206*7 ; Minster Yard,
236-8.

Archbishops of, 64 ; Wm.

Booth. 216 ; Bowett, 213 ; Frewen,
235 ; Geoffrey, llw, \2n ; Gray, 211,
Greenfield, 212 ; Henry, 2, 3, 5 ;
Roger, 5, 88, 202, 207 : Rotheram,
218 ; Thurstan, Thurstinus, Turstin,
In, 2-4, 14, 16, 116, 118, 179, 194-5.

Deans and Chancellors, etc.. of,

Brian Higden, 90, 153 ; Hugh, 118 ;
Symon (de Apulia) Chancellor, I2n ;
Boy bishop of, 90.

York, Province of, 64>i, 65.

Yorkshire, 175, 200.

West and North Ridings of,

51, 56w.

ZOUCH, daughter of Lord, 215,

FINIS.

Ripon : Printed by William Harrison, Market Place.

ERBATA.

VOL. i.

Page x, riote 5, line 3 from bottom, for aestatutii, read getterum.

xiii, line 5, for entiertu, read entire///.

xxiv, note 1 , line 2 from end, for plaritum, read p1<:tcidum.

xlix, line 3, for abbot, read Mv>/.

2, line 3, for inpresentiarium, read in present i rum.

,, 6, note 10. The quotation wrong.

,, 8, line 16. The comma should be after desiderio, and not after congaiideiis.

17, note 7, line G, for lupiiia, read lupinam. Tutus seems a better reading than corda.

18, line IS. Nil agit exemplum litem quod lite resolvit. This is from Horace. Sat. ii, 3,
103.

29, line 22, for elucessit, read elucescat.

31 , noce 14, line 6, for A /cAbishop, read Bishop.

37, note 6, for /. Thess. Hi. 10, read Gen. Hi. 3.

42. note 19. This should be printed as a continuous quotation fi-om Ecclesiasticus.

47, line 7, for quidam, read (fiiiddani.

,, 48, line 2, for Ion-gamines, read longanimes.

49, note 2, line 9, for vitia, read et vicia (i.e., and of vetch).

49, note 6, line 7, for Claremvalli, read ClaroevaUi.

50, note 6, line 5, for last chapter, read last chapter but one.

52, note 7, Ijne 15, after Simeon, insert servorum.

73, line 13, for fldei, read fide.

79, note, line 14. for lectionum, read lectiones; line 15, for signantes, read signanter; line 19,
for cotiditione, rearl eruditione.

80, note, line 8, for longum, read lon<j<t.

80, note 7, line 8, for es<, read me,- line 9, for sanctitate, read sanctituti.

,, 81 , line 5, for Claravallensis, read Claravalleiisibus.

,, 81 , note 5, line 2, for cccxc., read cccxx.

87, note, line 22, for unde, read ibidem.

92, note, line 3 1 , lor 'h'stifatis, read destitutum.

95, note, line 20, dele the.

101 , line 8, dele the period after odium ; and for Fontanensem, read Fontanense.

103. note 11 , line 9, for constitentes, read consistentes.

101. note 4. paragraph 4, line 1, for ripes, read ripas ; line 2, for sumurstriges, read c-
xlriges ; and for atque, read w<</we.

107, note, line 15, forfamosissimam, read famosissimum.

1 10, note, last line, for //ton/, read Lilxmi.

111, note, line 6, for deledantur, read dch'i-tatur ; line 7, for ceterna, read ceternce \ line 30, for
<idj>ut(t>idiu, read ad putandum; line 31, for od, read a/; line 35. Ut Putri Filium
ii/imularct refers to the Act of Consecration ; line 42, for infectus, ? interfectus.

ERRATA*

tage 112, note, line 2, for accUratam, read accin-attun.

113, line 15. The MS. reads detinueat.

II-), note 10, last line, for migravit, read niifintf.

119, Iine3. Temptus. The MS. has temperius ; note!5,lii eo, for constitutes, read constitutus,

,. 1-20, line .'0, for 6/, read r/feo.

,, 120, line 21 , for guttere, read gutture : line 24, for quid dam e.rtiens, read '//<7 ?.r e/s.

,, 124, note, line 26, for postestate, read potestate ; line 41, for quoque, read quceque.

125, line 6 from bottom, the quotation is from St. James ii. 13.

,, 126, line 7, for effusionem eum, read earn or effusione.

127, note, line 1 4, for facinorosam, read facinorosum ; line 20. for salute, read ,><(//<- ; line
25, for 76/d., read Gate ; line 29, for infestts, read iitfestus.

,. 1 28, line 21 , for iiichoatum, read inchoatam.

,. 132, note 1 , line 6, the Tm'tM/e <m7e.

135, note, line 5 from bottom, for 644, read 634.

., 136, note, line 9, for Eliensi, read EliensU,

,, 137, note, line 46, for et, read ed.

,, 141, note, line 24, for conveut, read convent.

.. 162, line 1, for tissimum. read tissimam, unless fructum is read for requittn : and line 20, for
cequinhnitate, read cequanimitate.

,. 169, note, line 12 from bottom, for w, read if t

., 171, line 3, for sanctuque, read sanctoque.

173, line 6, for Eborucensem, read Eboracense.

., 180, xxl, line 8, volentes, ? nolentes.

195, xxxvi. A comma instead of a full stop at the end of the paragraph,

201, line 8 from bottom, fur provenencium, read proveniencium.

226, note I, line 1 , read This is in the fourth volume.

269, note, line 12 ; and 27, note, line 1, an a has dropped out in the printing.

273, note, line 10 from bottom, for inurtyrit coronetur, read martyrio coronatn,-.

300, line 6 from bottom, for alienenduni. read aUrmtndum,

303, line 13, for percipendum, fetA percipiemlvm.

342, line 12, and 349, line 15, for 1, read 2.

419, line 2, for accidentaly, read accidentcf///.

423, line 13, for cu'jutricies, read adjutrices t

VOL. it

Page 13, note, line 5, for Richard III., read Richard II.

36, note 1, line 1, for Magnet, read Afagno.

,, 45, last line, for nuniciante, read nunciante.

51 , note, last line, for ignores, read ignaros.

55, note 5, last line but one, a letter dropped out.

94, line 25, read Sub.-lib. Bodl.

,, 209. By a typographical error this is numbered 309, and so on to the end of the volumes

219, line 20, for xj. read xli.

237, last line but one, for leters, read letters.

350, in Mr. Fawconbridge's Information, Sir is several times printed Srr.

tnvi i

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