&A k. t^ & /^ » Notes relative to the Manor of Myton. BIBLIOGRAPHY. 800 small paper demy 8vo ; and 130 large paper royal 4to. Of the latter, 30 copies arc on hand-made paper. EvSLVtCStlRE. tSlUf&lNG . IjAsrliVHMurc: "IJn tEK.au fcfc £ddiua -Xca/tjeadLfct qa e ad a> car' E adulp lie tfctnc xwj. itsK cfl .til • &r? lU toferr eccia-.TlvLu^.C lot", m . lx. ftf£ I r '* f it. to co" /U W#> tmnepr UltereW Vm(ou«bi. v<&lk ¥vUJitiffhA. Totj^ed^ultciuxe. Vtwarduite. Hale- S ht»m1- ab^ttT Vi car tre ?> dmnctw- -oa . « J a utj . car. oies rclatine fo the ^Tanor of "^Tgtcm. BY J. TRAVIS-COOK, F.R. Hist. Soev., Author of " The History of the Hull Charterhouse," " The Story of the De la Poles ; " A Vice-President of the Hull Literary Club. Nescire autem, quid antea quam natus sis acciderit, id est semper esse puerum. — Cicbbo. HULL: A. BROWN & SONS, SAVILE STREET. London : Simpkin, Marshall, Hamilton, Kent & Co., Limited. 1890. \ TO THE Right Honourable the COUNTESS OF DARNLEY, THE following pages, by hee kind permission, ABE RESPECTFULLY DEDICATED J PAETLY AS A SLIGHT ACKNOWLEDGMENT OF THE INTEEEST SHE WAS PLEASED TO TAKE IN A PREVIOUS WORK ; MAINLY BECAUSE OF THE GREATER INTEREST SHE FEELS IN THE PAST HISTORY OF THE NOBLB AND UNFORTUNATE FAMILY OF DE LA POLE, WHO WERE SUCCESSIVELY LORDS OF THE MANOR OF MYTON FOR SIX GENERATIONS. CONTENTS. Page OF MANORS GENERALLY 3 OF THE ETYMOLOGY OF THE NAME "MYTON " 17 OF THE HISTORY OF THE MANOB OF MYTON 31 OF THE (SO-TERMED) MANOR OF TUPCOATES-WITH- MYTON 147 OF THE CHANGE IN THE COURSE OF THE RIVER HULL 183 CORRIGENDA ET ADDENDA 201 GENERAL INDEX 209 LIST OF SUBSCRIBERS 219 PREFACE. " FOR THE FATHERLAND OF THE ENGLISH RACE WE MUST LOOK FAR AWAY FROM ENGLAND itself." — Dr. Green. Preface HESE notes are the expansion of a paper prepared at the request of and read before the Hull Literary Club, to which body (always anxious to encourage local literary effort) the credit of their inception, should they "be found to possess any interest or value, is largely due. But given a soul, the next desideratum is a body in which it may be presented to the public view ; and in this respect writer and reader are alike indebted to the liberality of the publishers, Messrs. Brown & Sons, of Savile Street, to whom it is only fitting some acknowledgment should be made at the outset. The form indicated by the title has. been chosen as allowing more discursive treatment of the subject than would have been permissible had this little work claimed the more ambitious title of a history. The writer's aim has been more to collect, in a sequence of dates, facts and information relative to the lordship of Myton and its later phase of Tupcoates- with-Myton, as the parent district of the town of Kingston-upon-Hull, and now a considerable portion of its site, than to comply with the strict require- xii. Pre/ace. ments of history viewed as an essential part of moral and political science. And the object in view will have been very amply attained should it be the fortune of this volume to become a starting point for another labourer in the same field, or prove of any assistance to a future historian of the town. The history of Hull yet remains to be written as the growing size and importance of this great town deserve that it should be written. Until the late Mr. Charles Frost arose, a prophet in Israel, our annals had been indited after too brief an inquiry, and upon too scanty material. Each successive writer was content to rely upon the authority of his predeces- sors, thus perpetuating error ; all of them too eager, like the zealously-loyal Gent, to ascribe to a royal brain and to a monarch's intelligence solely the origin of a town which, in reality, owed its beginning to the chance landing upon its future site of a crew of piratical but sagacious freebooters, going forth from that conquering tribe to bear whose name is still our proudest boast. Mr. Frost undertook an independent investigation, upon which he employed intellectual powers of no small order, and first paved the way for a history worthy of the town. It would be alike futile and ungenerous to deny that to his famous work the present writer is, as all other travellers in the same path must be, very largely indebted for aid Preface. xiii. and information. Indeed upon the lines of his celebrated "Notices" these pages have been fashioned, in a spirit of imitation intended and desired to be sincerest flattery in its highest sense. And here it may be observed, par parenthese, that whilst the district, vill, or township of Myton does not appear to have been a manor in the strict legal acceptation of the term, it was certainly regarded as one popu- larly, and in this sense is so styled when referred to as a manor by the writer. The Bench Books and records of the town are full of the most interesting details of its inner life. Too much stress has been laid upon such a salient point in our history as the siege of Hull by King Charles, whilst what we really want to know is more of its internal affairs ; of the sayings and doings of those who thronged before our time its busy streets ; how those very streets came into existence and de- rived their names ; how the commerce of the town was carried on centuries before the days of postage, of steam or electricity ; what manner of men were the potent, grave, and reverend signiors with whom those merchant princes, Richard and William de la Pole, associated ; how they lived and moved and had their being in their quaint timbered houses inside the old town-walls ; all these and many other questions we should like to ask of the past. How refreshing, xiv. Preface. for instance, in a day of courted publicity and too frequently fulsome panegyric, is it to read in the old Bench Books how a worthy citizen, desiring to pre- sent to "Mr. Mayor and the Aldermen, his Brethren," a silver vessel for Corporate use for ever, sent it to the Guildhall, where they were assembled, by his servant maid, whom the Bench bade carry back their thanks to her master, not forgetting, if memory serves me right, to further content the damsel with gift of current coin. Necessarily, perhaps, and unfortunately, there are many difficulties and delays, especially for anyone whose time is not his own, in the way of thoroughly searching our local records, a task which would also require months of patient toil. Moreover it is quite understandable that the Corporation could not do with half-a-dozen or so of eager gentlemen rummaging during business hours their charters, books, and deeds, in the pursuit of various branches of en- quiry ; so we must be satisfied, perforce, to build up a complete history of our town line upon line, " here a little, there a little," until some local Gibbon shall be born to write, as it ought to be written, the history of Kingston-upon-Hull. Yet the work of those who have gone before must not be under-rated. Gent and Hadley, Tickell and Frost, form a brotherhood of writers whose names Preface. xv. the people of Hull will always hold in esteem, until patriotism has become a defunct virtue. In our own day Mr. Sheahan has worked, and Mr. T. T. Wild- ridge and Aid. Symons are working, in the same vineyard ; and with them, the present writer may say to the manes of our departed historians, in the words of Father Chaucer — glni* rve come aftev, Qlettxixa, Ijeve ano Hjeve^ gltti* ave full Qiao tjf me man fnnbc an eve ©f ann QoobLn wovbe tliat xje Ijan left. A final word may be added as to the situation of the ancient chapel of Myton. In a previous work (" Story of the De la Poles," p. 6) the current theory, originated, I believe, by the late Mr. Thos. Thompson, F.S. A., ex-town clerk of Hull, is followed, and the site of the chapel in question identified with that of Holy Trinity Church. The Rev. J. R. Boyle, F.S. A., also adopts this view in his recent work on the church alluded to ; but it is clearly untenable, and seems to have been arrived at without taking into account the alteration in the district made by the change in the course of the Hull. The chapel of Myton would certainly stand in Myton, and not in Holderness ; in Harthill, and not in the reliqud parte del Wyk ; west of old Hull, and not east of it. Nor is there (I submit with all deference to Mr. Boyle) much weight in favour of the prior theory as to xvi. Preface. identity of site in his inference from the rectorial rights of the prior and convent of Guisborough in both the early chapel and the later church ; since it is evident that when Sayercreek had become the Hull, it was considered to stand in the place of the old river as the eastern boundary of Harthill deanery and Hessle parish, which of course brought Holy Trinity Church within them just as the ancient oratory had previously been. Adelaide House, Anlaby Road, Hull, 30th September, 1890. I. OF MANORS GENERALLY. Notes Relative to the Manor of Myton. i. of manors generally. I S an introduction to the more immediate subject, it may be useful first to consider the Manorial system as it existed in its completest form amongst the Normans. The etymology of the word " Manor," and the origin of this essentially feudal institution, together with the details of its organisation, have been much discussed by antiquaries and scholars, and are still the subject of conjecture and debate. According to Lord Coke manors are, in substance, as ancient as the Saxon constitution, but yet are considered by the best writers on English antiquities as of Norman introduction. Dugdale, a painstaking and trustworthy antiquary -of the 17th century, informs us that manors are first mentioned in England during the reign of Edward the Confessor ; and, as that monarch had a strong partiality for Normans and their institutions, it is very probable that he may have grafted on the Saxon community so fundamen- tal a feature of the Norman system of land tenure, or, rather, perhaps, that he moulded into a closer resemblance to the Norman model a social system which was already very analogous, because having had a common origin in the township or village community of ruder ages. At any rate we must take it as admitted that the Normans founded or developed the particular form of manor with which we are acquainted in England, and which for some centuries after the Norman invasion formed a vital and leading 4 Notes Relative to the Manor of Myton. feature of English civilisation and social life ; providing the realm at little cost with a powerful army for defence or offence, but at the same time baneful to the advancement and liberties of the people, as it placed under the control of the greater barons armed forces available for the enforcement of their ambitions, the oppression of weaker members of society, or the maintenance of civil wars. Amongst the Normans a manor, in Norman French Memoir, and in the Latin of the period Manerium, seems to have been originally an estate or district of land granted by the duke or king to some vavasour or other important person, to be held of the monarch as chief lord in return for fixed military or official services, and called a lordship or barony. By this grantee, or lord of the manor, a sufficient portion of the estate was retained for his own use, and distinguished as the terra dominicales, or demesne lands, being those of the dominus manerii, whilst the remainder was parcelled out amongst his kinsmen or retainers, to be held under him as their lord in freehold tenure for ever, by services not derogatory to free men, and generally of a military nature, accompanied by certain monetary payments, such as an annual rent by way of acknowledgment of the tenure, or payments in aid of the lord's ransom, or of the knightiug of his eldest son, or the marriage of his daughter. Of the demesne lands, again, only a part was retained in the actual occupation of the lord, so much, indeed, as he required for the site of his castle or moated manor-house with its curtilage and gardens or park ; the other part he allotted to his villeins or serfs, to be held merely at his own pleasure and under base services, such as to carry out his manure, to hedge and ditch, garden and plough for him, and the like ; whilst the residue served for roads through the property, and common pasture land, available for the cattle of the lord and all his tenants. In this way, after his invasion of England, William granted out a large portion of the soil of the conquered country amongst his officers and followers. Money was very scarce, and personal property of little worth, whilst the possession of land meant Of Manors generally. 5 dignity, importance, and wealth, so that lavish gifts of it were the natural rewards for the fortunate adventurers who accompanied their duke to these shores. Having thus much more land than he could possibly occupy or use himself, the new possessor of the Saxon estate formed it into a manor, and laying it out and disposing of the greater portion of it in the way described, reigned over it like a petty king. Indeed, the ownership of land conferred rank and title as well as other material advantages ; barons by tenure sat in the Upper Chamber of Parliament amongst the great officials of Church and State ; and thus originated that dignified landed aristocracy which is still so important a feature of our modern social system. The military force which, as we have seen, this method of land owning provided was a territorial one ; and hence the earlier striking victories of our national arms upon such fields as Cressy, Poitiers, and Agincourt were gained by armies of combined landlords and tenants, each tenant serving under the banner and orders of his own landlord. ( L ) From the lord's personal residence upon his estate it is that Lord Coke found the derivation of the word " Manor," in the expression a mancndo from manerc to dwell ; a derivation adopted by Ducange, who defines Mancrium as " Habitatio, cum certa agri portione, a mancndo dicta," i.e., a residence, with a certain amount of land attached, and so called from residing. Lord Coke, however, himself preferred another derivation which he discovered iu the French verb mesner, to guide, because the tenants were under the lord's guidance and direction. With deference to so learned an authority, I venture to think the latter etymon, especially, as far-fetched, and to suggest that the origin of the word " manor " is to be found in the Latin manus, a hand, which is reasonable because one hand, that of the lord, held the whole estate from the Crown ; his hand parcelled it out amongst his various sub-tenants ; and his hand wielded its little sceptre of authority. There were two especial features of the manorial economy (1) In the Continental wars of the Norman kings mercenaries were largely employed as infantry. 6 Notes Relative to the Manor of My ton. which are of sufficient general interest to merit notice in some detail — the law courts of the manor, and its system of villeinage, both of which in a modified form have come down to our own day. The former, indeed, amongst the Normans was essential to the very existence of a manor, since no size or nature of landed estate could possibly be deemed a manor unless it comprised one court at least, the lord's court, or Court-Baron. This minor jurisdiction, though not a court of record and possessing, therefore, no authority to fine or imprison, was an inhei-ent feature of the manor, and could not be severed from it. Its functions were to secure the maintenance of the services and duties stipulated for by the lord of the manor, and to determine personal causes where the debt or damage did not exceed forty shillings. The freehold tenants of the manor alone were suitors to the Court Baron, and also were its judges and jury, adjudicating upon and deciding all matters proper to be brought before the court. Nor was this without some analogy amongst the Saxons for, according to Lord Coke, the lage-man, or man of law, at the head of any district or tun, who had sac and soc upon his men, that is authority to hold a court, try causes, and amerce offenders according to their system of punishment by fines, was essentially a lord of a manor, and his tun or district a manor. For dealing judicially with his villeins the lord held another court, the Customary Court, or Customary Court-Baron, in which by his steward he was the sole judge, holding it at his pleasure, and compelling the attendance thereat of his villeins at will. Here were recorded the grants of lands and tenements to the villeins, and by a homage or jury of them the steward was informed of any change of tenant caused by death, or of any other matters touching the lord's rights or dignity. A court of more extensive jurisdiction was held within some of the larger manors, known as the Court-Leet, or view of Frank Pledge, but this not by any manorial prerogative of the lord, it being a privilege which the holders of large estates purchased from the Crown, or received by especial favour, in order that their tenants might have justice rendered to them near their homes. Of Manors generally. 7 As the alternative title implies, this court maintained a survey or oversight of the frank-pledge, of those who lived under the protection and responsibility of the Tithing's surety to the law for the good behaviour of all the freemen within it. The steward of the manor, as impartial between the lord and the law, presided as sole judge with power to fine and imprison, and to take security for the keeping of the peace ; the general function of the court being the maintenance of law and order within the liberty. Like the Court-Baron, the Court-Leet was held only once in the year ; and each is said by Prof. Stubbs to have come down almost un- changed from the early township. The Court-Baron for the freeholders of the manor has long vanished ; but the Court-Leet and the Customary Court have survived to the present reign. The last named, especially, as an essential feature of copyhold tenure still exists, and is even now occasionally held in some manors ; yet since the passing of the Statute 4 and 5 Victoriae, cap. 35, the Copyhold Act of 1841, by which the necessity for the holding of the Customary Court for the passing of surrenders and granting of admissions was abolished, it has become purely nominal. In the copyhold tenure of to-day we have also the survival in a much modified form of a very marked feature of the manorial system, villeinage. The history of the extensive portion of the population which existed in this miserable social condition for more than three centuries after the Norman conquest is very obscure. As Stubbs remarks, the man who had no political rights, and very little power of asserting his social rights, who held his cottage and garden at the will of a master who could oppress him, if he could not remove him, and could claim his services without remunerating him — who had no rights against his master, and who could only assert such rights as he had through the agency of his master — the rusticus, the nativus, the servus — fell only occasionally within the view of the writer who chronicled great events, and then but to add an insignificant feature to his picture. The villein possessed at first no title deeds by the evidence of which his rights were attested ; he carried his troubles to no 8 Notes Relative to the Manor of My ton. court that was skilled enough to record its proceedings. It is only by a glimpse here and there that we are enabled to detect his existence ; and the glimpses are too uncertain to furnish a clue by which his history can be traced. Yet when he reappears, as he does in the thirteenth and fourteenth centuries, he bears marks of a history on which some conjectures must be hazarded. ( 2 ) The researches of the learned author of the foregoing remarks, and of other writers, have established that, originally, villeinage was a sort of tenure neither strictly feudal, nor distinctly Norman or Saxon, but mixed and compounded of them all. Sir William Temple states that under the Saxon government of England there was a class of people in a condition of downright slavery, employed in the most servile work, and belonging with their wives, children, and effects to the lord of the soil upon which they dwelt. These seem to have been those who held what was called the folcland, from which they appear to have been removable at their lord's pleasure. To this wretched state some of these unhappy people had been reduced by conquest, some by sale effected by themselves or their parents; ( 3 ) others had been sold into slavery for theft, or were rendered slaves by non-payment of penalties for infraction of the laws. On the arrival of the Normans it is not unlikely, says Black- stone, that those invaders, being strangers to any other than feudal state, gave some spark of enfranchisement to this degraded peasantry by admitting them to the oath of fealty, (*) so conferring upon them a right as vassals to their new owner's protection, and raising them to a state superior to absolute slavery though (2) By a Statute of 26 Edward III., a vivid glimpse of his depressed oondition is afforded in its enacting that, notwithstanding a villein might have sued out a writ of Liberlate Probanda —a legal method of proving his right to freedom— his lord might seize his body wherever found. (S) The Saxon laws authorized the sale of a child of seven years by its parents, and the sale of himself by one of thirteen ; the consequence, probably, of the grievous famines which are often recorded in the Saxon Chronicle. (4) The villein's oath of fealty as fixed by a Statute temp. Edward II., was to run as follows : " Hear you my lord, E., that I, W., from this day forth shall unto you bo true and faithful for the land that I hold of you in villeinage, and shall be answerable to you in body and estate ; and that I will see no evil or damage done concerning you, but will warn and defend you to the utmost of my power." Of Manors generally. 9 inferior to every other condition. Indeed, according to Stubbs, the Norman invasion had a curious two-fold action upon the lowest class of the conquered population, enlarging its borders whilst ameliorating its conditions ; for we find the free ceorl to have become a villein, whilst the servus, theow, or slave, has disappeared altogether. The minute distinctions of Anglo-Saxon dependence, all duly recognized in the Domesday Survey, seem to have been practically ignored by the Norman landowners, and the tendency of both law and social habit was to throw all the population described in Domesday Book as servi, bordarii, and villani, into one homogeneous class and condition of nativi, or born serfs, termed by the Norman lawyers villei7is and villeinage, either from vilis, low, or a villa, ( 5 ) because they lived in villages, and were engaged in the humblest kind of agricultural work. These unfortunate people were either villeins regardant, annexed to the soil and bought and sold with it like Eussian serfs within living memory, but who could not be dissociated from the soil ; or villeins en gros, annexed to the person of their lord, by whom, if they ran away, or were stolen by marauders, they could be recovered by action-at-law like his horses or cattle, and transferable from one owner to another by deed independently of any sale of the estate on which they lived. They held, indeed, small portions of land for the maintenance of themselves and their families, yet solely at the pleasure of their lord, who could dispossess them at will, and by such villein and base services as have been mentioned. ( 6 ) From this wretched condition of life there were, save death, but three methods of release. Manu- mission by his lord at the intervention of the Church, which ever preached that the liberation of villeins was a meritorious and (5) Villa, from vicula, diminutive of vicus. The ingenious reader will detect the origin of the modern epithet of reproach, " villain." (6) It is maintained by some writers that the curious custom of Borough-English, found in some parts of England, by virtue of which upon the father's death intestate his lands descend to the youngest instead of the oldest son, is the result of a monstrous droit de teigneur pre- valent upon some manors, and giving the lord the right to the bridal night of any female villein upon her marriage. It is asserted, however, by later investigators, and, probably, with more truth, that there is no evidence of such a right having ever existed in England, the custom in question being traced by them to a Tartar origin. io Notes Relative to the Manor of My ton. acceptable work ; ordination by the Church into any of the numerous ranks of her servants ; or flight into some chartered town, where residence for a year and a day ipso facto conferred freedom. The course of time, however, which like music soothes the savage breast, gradually improved the villein's miserable lot ; and not without effort of his own in the direction of his own emancipation In 1377 confederacies of villeins for the purpose of withstanding their lords are spoken of and prohibited by statute; ( 7 ) and villeinage and villein service formed no small part of the grievances for which redress was sought by Wat Tyler and his Kentish following in 1381. ( 8 ) It is well known that this rising failed ; yet in effect, says Subbs, it struck a vital blow at villeinage. The landlords gave up the practice of demanding base services, accepted money payments in lieu of forced labour, and began to recognize in the Customary Courts of their manors a villein's moral right to his holding so long as he performed the conditions of his tenancy. As time went on he grew to be under the protection of the Common Law of England, of which custom is the life, and the accustomed succession to the villein's orchard or tenement of the sons after the fathers became a right in law as well as in ethics, and enforceable even against the lord. This succession of tenancy generation after generation was duly recorded for the villein's benefit on the roll of the Customary Court of the manor ; a copy of this roll was his title deed and proof of possession ; and from the villein he gradually rose into the improved condition of a tenant by copy of court roll; for all practical purposes a freeman, a yeoman, handing down a reminiscence of his once state of (7) In this statute the villeins' lords are alluded to as "their lords of life and limb" — lours s'rs de vie et de membre. 8) It would seem from the statute 9 Richard II., cap. 2 (1385), that the ingenuity of lawyers had invented an additional method of obtaining for a villein his freedom. A custom had evidently grown up for a villein who had managed to escape to a free town (such as Kingston-upon-Hull then was) to at once commence on some fancied ground an action-at- law against his lord, whose answer, which he was bound to deliver or let judgment go against him by default, was taken as an admission that his villein was his equal before the law, and ergo a free man. The Act alluded to forbids any such inference being drawn from the lord's answer. Of Manors generally. \\ servitude to our own day in the form of our existing copyhold tenure, destined itself to die out and become extinct ere many more generations have passed away. Even yet the copyholder's muniments of title keep up the legal fiction that he holds his property " at the will of the lord, and by the accustomed dues and services," and still solemnly assert that " his fealty is respited," he paying for that favour a small fee to the steward of the manor ; words which, as the dying echoes of the slavery of the Anglo-Saxon peasant, and of the degrading servitude of the Anglo-Norman villein, still possess a pathetic and peculiar interest. Such, in brief, was the manorial system in its fullest development amongst the Anglo-Normans ; and hence the exactitude of Lord Coke's statement that from the Normans we derive the particular form of manor with which we are acquainted. Nevertheless, in a rougher form, a like system undoubtedly existed amongst the Anglo-Saxons. Frequent mention is made in Domesday Book of manors bearing Saxon or Danish names, such as the local manors of Ferriby and Sculcoates ; and these we may safely assume to have been estates belonging to some single proprietor as lord, upon which lived in one or more hamlet or hamlets a mixed population of freemen cultivating the soil for their own benefit, and of various classes of serfs, hewers of wood and drawers of water, tenders of the lord's cattle and keepers of the lord's sheep, yet each having his small holding for his support, with privilege of pasture on the commons of the lordship for his few geese or his solitary beast. To such estates the Norman commissioners, in their report to the king, naturally gave the name of manors as the only appropriate term within their knowledge ; yet there is no necessity on that account to regard them as new lordships since the Conquest, but, rather, may we see in them the ruins of a much older social institution, a degeneration, indeed, from the first step out of barbarism— the ancient village com- munity, the township, or tun, as it existed on the Continent long before Hengist landed at Ebbsfleet in the middle of the fifth century, and which the English, as modern historians term them, themselves introduced into Britain. 12 Notes Relative to the Manor of My ton. From its primitive state of being the fortified association of freemen, possessing the townlands in common, and regulating all their local affairs in the town moot — mother of parliaments — the township came by steps which cannot now be traced to have a feudal lord, who acquired part of the lands hitherto enjoyed in common as his private property, or demesne ; whilst the chances of warfare, hard times, and poverty, bred a peasant class more or less enslaved, weaponless, having few if any rights, who toiled for their lord's advantage under that system of forced, unrewarded labour, or corvde, which in much later times was a main cause of the first French Eevolution. Probably amongst the Anglo-Saxons this state of things had come about naturally, and the assumption of the lord's power without harshness. Be this as it may, such was the social system prevailing in England at the time of the Norman inva- sion ; so that when the Norman baron came upon the scene as the new land owner, with the Conqueror's grant fresh in his hand, he experienced but little difficulty in introducing the completer feudalism he had known at home, and converting the Anglo- Saxon estate into the Anglo-Norman manoir. Exactly six hundred years ago, the creation of manors was rendered impossible by a statute passed in the 18th year of King Edward I. (1289-90), commonly known amongst lawyers as the statute of Quia Emptores, and intituled in the Eolls of Parlia- ment Statu turn regis de terris vendendis et emendis. This enact- ment was passed in the interests of the greater landowners, especially to prevent what was known as sub-infeudation, under which, as they alleged rightly enough, they were losing many important and remunerative incidents of feudal tenure. Prior to this statute the tenant of any landowner could grant the whole or part of his fief to some under-tenant or tenants to be held of himself as lord of the fee, and this could be repeated again and again, with the results that the fruits of the tenure fell into the hands of the intermediate or mesne lords to the grievous prejudice Of Manors generally. 13 of the lord paramount, or chief lord of the soil. (») As an instance of this state of ownership may be cited a messuage at Wyk-upon- Hull, which in a return to a writ of ad quod damnum, 17th Edward I., was certified to be held by the Dean of York of the Abbot and Convent of Meaux, who held of John de Melsa, who held of William Le Constable, who held of William de Vesci, who held of Edmund de Mortemer as lord paramout of the fee, and who held in his turn of the Crown in chief by grant to an ances- tor from William the Conqueror. As the land was thus transferred the lord paramount lost the chance of ivardship of any infant heir of his grantee — a very comfortable office in days when no baron dreamed of accounting for rents and profits so received by him to any Court of Chancery. Gone, too, was the very pretty bargain he could have made for himself on the marriage of his wealthy ward, as the price of his or her hand ; and he was also excluded from his succession to the estate, by its reverting to him as ultimus lueres under the feudal law of esclteat, upon the failure of the heirs of an intestate tenant. After reciting the loss by the chief lords under the prevailing system of " their escheats, marriages, and wardships — which thing seemed most hard and difficult, and, indeed, to their manifest disheritance," the statute enacts that from henceforth " it shall be lawful for every free man to sell at his own pleasure his lands or tenements, or part of them ; so, nevertheless, that his feoffee hold the same lands or tenements of the same chief lord, and by the same services and customs, as his feoffee held them before him." This Act applied only to lands of freehold tenure, not to copyholds; but the intelligent reader will perceive from con- sideration of the words of the statute, and what has been said before, how completely impossible it was after that enactment for any new manor to be created, since no landowner could (9) The " tenant " under the feudal system must not be confused with the tenant as we understand that term now-a-days. He was to all intents and purposes owner of the free- hold, so long as he discharged the conditions of his tenure ; he was the one holding the land. Hence the legal doctrine, which stands good to-day, that all the soil of England is vested in the monarch, of whom each possessor we term " owner" is the " tenant; " and no Eng- lish subject can, theoretically, hold more than an estate in land, be it for life, or for years, or in fee simple. In copyhold property the owner is "tenant" of the lord of the manor, who, again, is " tenant " of the manor under the Crown. 14 Notes Relative to the Manor of My ton. thenceforward make a grant of freehold land to any person to be held of himself, the grantor, as lord, which was of the very essence of a manor. Every manor, therefore, to be found in England to-day is six hundred years old at least. II. OF THE ETYMOLOGY OF THE NAME "MYTON." II. OF THE ETYMOLOGY OF THE NAME "MYTON." AM not aware that so far any attempt has been made to discover the origin of this locally well-known name. ( xo ) And yet as a place-name it is replete with interest and full of suggestiveness, more than possibly carrying back the history of the lordship as an inhabited district for a period of thirteen hundred years. The name is Saxon, and implies a township of some nature, which might well have been founded so long ago as the middle of the sixth century. At the close of the preceding century the loss of the Saxon Shore had completed the first step in the subjugation of Britain ; and with the opening of the sixth century appeared the English invaders on her east coasts. It was circa the year 501 that the tribe of Engles, who subsequently came to call themselves Deirans, ( xl ) entered the broad estuary of the Humber, and first gave to the flat naze or promontory at its mouth the name of Holderness, ( x 2 ) (10) It was a great pity that on the recent enlargement of the borough, and the re-arrange- ment and re-naming of the municipal wards, this historical word, so long preserved in North and South Myton wards, was totally ignored, and the ancient lordship of Myton relegated to a matter of only antiquarian memory. (11) At the time of Ida's invasion with the first English hordes, the country immediately to the north of the Humber was called by the Britons Deifyr ; and this name was adopted by the invaders when they had subdued the ancient inhabitants. In Deira it appears in a Latinised form. (12) Dr. J. E. Green's " Making of England." The;late Mr. Thomas Thompson, F.S.A., places the origin of this name at a later period, that of the Scandinavian invasions. In his " History of Welton " he remarks : " The people who have left among us the strongest traces of their inhabitancy of East Yorkshire are the Scandinavians, commonly called in our histories the Danes ; " and " during the greater part of the so-called Saxon Heptarchy, East Yorkshire, whilst nominally a part of the Saxon kingdoms of Deira and Northumbria, was really peopled and possessed by the Scandinavians, who in every invasion of Yorkshire slew and drove away the Anglo-Saxon inhabitants they found there, and possessed them- 1 8 Notes Relative to the Manor of My ton. and, perhaps, to our own river the name it still bears in the altered form of Hull. It is likely enough, according to Dr. Green, that the limits of the present East Riding of Yorkshire roughly preserve the boundaries of the earlier kingdom of the Deirans, whose first king JElla commenced his reign in A.D. 559, and for forty or fifty years before which time the Engles' invasion of the district would probably be going on. ( 13 ) As the first vessel of these invaders sailed up the broad waters of the Humber, their crews eager to effect a settlement in the land, the special position of the district at the mouth of the Hull must have struck the Engles as very suitable for their pur- pose, or at all events for a commencement of their enterprise. A selves of their property and landed possessions." He then explains that amongst these peoples there were men of similar rank and power to the Thegns of the Anglo-Saxons, called " Holdres " (a title, I may add, afterwards adopted by the Anglo-Saxons in the form of "Hold") who were the holders or lords paramount of large estates, and presided over extensive districts of land, which they parcelled out in the form of manors to be held under themselves. He then surmises that the first Scandinavian chief who succeeded in obtaining full possession of the lowlands in the south-east of Northumbria would be deemed the Holdr or chief lord of that district, " and as Ness is the Norse for a nose or promontory, such as exists at Spurn Point, the district would be known by the Scandinavians as the " Holdres- Ness" to distinguish it from other •' Nesses " on the coast." This etymology Mr. Thomp- on supports by mentioning that, at least since the Conquest, all the existing manors in Holderness have been held by the lords of those manors, not as chief manors, but as mesne manors under a lord paramount, who has always had the rights of sporting and free warren over the manors of the other lords of manors in Holderness. But whilst it is the fact that the whole district of Holderness is a seigniory or lordship, this exceptional use of the word " Holdr " seems against the theory Mr. Thompson puts forward ; and the peculiarly hollow or low-lying nature of the district as viewed from the river suggests itself irresistibly as the origin of its name. In the Netherlands a tract of land below the level of the sea or nearest river, and which, being originally a morass, has been drained, is called " polder." Poulson derives the name from two Gaelic words, Hoi and Der, each signifying water or stream, and, combined, a district of streams and lakes. (18) Mr. Thompson suggests that in "Kirkella " we have a still existing memorial of the completion of this conquest, and of King -Ella. Mr. Nicholson, the author of the " Beacons of East Yorkshire," Hon. Librarian to the Hull Literary Club, disputes this. Kirkella appears in Domesday Book under the name Alcengi, which must have been given to the Norman surveyors on the spot as the usual, if not only, designation of that manor. Mr Nicholson finds in this another trace of the Scandinavians ; and defines the name as the Norse Alf, elf or fairy, and Eugi, meadow or pasture, which seems unanswerable. After Domesday the name appears in various forms of an Anglo-Saxon nature, as "Elley," "Elnele" "Elveley;" and in a deed in the present writer's possession, dated in 1269, reference is made to the " Church of Elvelay." Mr. Nicholson sees in all these forms the Anglo-Saxon JOf, fairy, talk, meadow, and in the modern Ella, a contraction of them, and the prefix Kirk a distinguishment of it, by its having a church, from other fairy meadows. It is not easy to resist his argument ; but it is most curious that, having apparently had a Norse designation up to the Conquest, Kirkella should have afterwards reverted to an Anglo-Saxon form, and whilst duly noted in Domesday Book as having a church and apriest, the ct of the church was in no way added to or signified by its then name. Of the Etymology of the Name " Myton." 19 tidal river offered a roadway northwards into the interior of the country, and at its mouth was a landing place most convenient for rapid retreat in case of disaster. It is, of course, im- possible to say at what particular date Myton was actually founded with more certainty than that it was an Anglo-Saxon township prior to the Norman Conquest, but there is nothing im- probable in the earlier period here indicated. And if a settlement of the first Engles, then its position so close to the Humber, a highroad for invading or piratical vessels, renders it no more improbable that at Myton were captured those fair- haired Engles from Deira, who caught the chance glance of St. Gregory in the slave-market at Borne, and were unconscious martyrs for the conversion of England. In case, however, so remote an antiquity be objected to, on the ground that at the time of the Norman Conquest Myton was only a feature of the manor of Ferriby, which had evidently been one of the Scandinavian lordships alluded to by Mr. Thompson (see previous page) ; we must be content, perhaps, with the early part of the eleventh century, when fork-bearded Sweyn of Den- mark, still burning to avenge the wholesale massacre of his countrymen throughout England on the feast of St. Brice, again invaded the unhappy land, ravaged East Anglia and Northum- bria, and ultimately assumed the crown. In the village of Swan- land we still possess a memorial of his encampment on this side of the Humber ; and it is exceedingly probable that during this period (A.D. 1013) the ferry across the river was established, with its ferry-town at each end, to keep up the communications between the Danish forces north and south of the Humber. The north ferry-town gave its name to the manor, of which we shall hereafter see Myton was only a berewick, although another berewick, Anlaby, Anlaf's town, was nearly a century older, being a relic of the days in 937 when Anlaf from Ireland and Con- stantine of Scotland entered the Humber to meet with over- whelming defeat at Brunnanburgh, or of the after years when Anlaf was baptised, and "royally gifted" of King Edmund 20 Notes Relative to the Manor of Myton. (943) ; but evidently his town had never attained the importance of Ferriby, since after the later place the lordship was called. Yet we need not assume that because Myton was a parcel or member of Ferriby manor, it was a settlement made in a part of that lordship after the latter had been formed. The name is Saxon, and, therefore, proof of Saxon origin ; and though lofty minds have sneered at the general tendency of local his- torians to claim a mythical antiquity for their own particular town or district, still I see no valid objection to the theory that Myton was one of the earliest settlements of the Engles north of the Humber, and older even than ancient Beverley, where, as Dr. Green poetically put it, " in the marshy and desolate channels of the Hull men hunted the beaver " a thousand years ago. Of what is meant by the second syllable of the name, ton, or, as it was originally, tun, we cannot be in any doubt. " At first," Professor Stubbs writes, "the tun was the enclosure or hedge, whether of the single farm or the inclosed village." From the barrier inclosing the word grew to mean the area- inclosed ; and the tun ( 14 ) in this sense is so admirably described by Dr. Green in his " Making of England," that not to quote his very words would be to slight his labour. Speaking of the freeman as the unit of the Anglo-Saxon com- munity, Dr. Green says : " To view, however, the new settler in Britain simply as a warrior would be false and incomplete. In the old world the divorce which modern society has established between the soldier and the citizen, the fighter and the toiler, did not exist. No chasm parted war from civil life, the solemn arm- ing made the young Englishman not only a warrior but a free- man, a man of the folk, a tiller with his right to a share in field and pasture and waste, a ruler of his village, with his 'own due place in village-moot and hundred-moot. The unit of social life, indeed, was the cluster of such farmers' homes, each set in its own little croft, which made up the township or the tun. The tun was surrounded by an earthen mound tipped with a stock- (14) It will, doubtless, at once occur to the reader, as an example of the living force of language, that the agricultural labourer to this day speaks of a " town " in the tongue of his Anglo-Saxon ancestors, and calls it " toon." Of the Etymology of the Name " My ton." 21 ade or quickset hedge, as well as defended externally by a ditch ; and each township was thus a ready-made fortress in war, while in peace its entrenchments were serviceable in the feuds of village with village, or house with house. The importance of its defences, indeed, was shown by the customary law which forced every dweller within them to take part in their rearing and repair. Inside the mound lay the homes of the villagers, the farmsteads, with their barns and cattle stalls ; and in the centre of them rose the sacred tree or mound where the village with its elders met in the tun-moot, which gave order to their social and industrial life. Outside the mound, in close neighbourhood to the village, lay the home pastures and folds, where the calves and lambs of individual cultivators were reared. In these, and in the ' yrfeland,' or ' family estate,' held apart from the lands of his freemen by the aetheling or noble, we find the first traces of a personal property strongly in contrast with the common hold- ing which prevailed through the rest of the township. Beyond and around these home-pastures lay the village plough-land, generally massed together in three or four large ' fields,' each of which was broken by raised balks into long strips of soil that were distributed, in turn, among the village husbandmen. The whole was inclosed by a borderland or mark, ( x 5 ) which formed the (15) To illustrate the development of the Manorial system out of the primitive village com- munity, it ma; be well to remember that the tun, as here described, l» itself derived from what baa been termed the Mark system, so admirably treated of by Prof. Stabbs in his " Con- ssstrtsonnl History of England." Its nssniltsl character, he tells us, depended on the tenure and cultivation of land by the members of a community in partnership. The general name of the mark was given to the territory held by the community, the absolute ownership of which resided in the community itself, or in the tribe or nation of which the community formed a part. The mark, be continues, had been formed by a primitive settle- ment of a family or kindred in one of the great plain-forests of the ancient world, and was, accordingly, like any other clearing, surrounded by a thick border of wood or waste, supplying the place or increasing the strength of a natural boundary. In the centre of this clearing was placed the primitive village, and there each of the marksmen had his home- stead, his house, courtyard, and farm buildings. This possession, the exponent, the Pro- fessor terms it, of his character as a fully-qualified freeman, entitled him to a share in the land of the community. He bad a right to the woods, the pastures, the meadow, and the arable land of the mark ; such right being, however, of the nature of usufruct or po s s e s si on solely, bis only title to absolute ownership being merged in the general right of the community which he of coarse shared. The woods and pastures being undivided, each marksman had an equal right of user, and could torn therein a number of swine and cattle. The use of the meadow-land was also definitely apportioned. From the hay harvest to spring it lay open, and was treated as a portion of the common pasture , out of the area of which it was annually selected. When the grass began to grow the cattle were driven out, and the meadow was fenced round and divided into as many equal shares as there were 22 Notes Relative to the Manor of My ton. common pasture where flock and herd could be turned out by every freeman to graze, though in numbers determined by usage or the rede of the village moot." " For the most part," he adds, " each township lay, no doubt, within the area of older British or Roman settlements ; " but we cannot venture to affirm this of My ton, although, of course, it is by no means improbable that some of the aboriginal British Deifyrans were settled about Hull mouth. As the second syllable of the name " My ton " is thus ex- plained by Dr. Green, we get a vivid glimpse of the Anglo-Saxon township or hamlet ( 16 ) which, as the name sufficiently proves, existed upon part of the site of the modern Kingston-upon-Hull so many centuries ago ; and we are carried back in spirit to a remoter past than any writer has hitherto ventured to claim for any portion of our town. The same admirable historian also gives us a clear insight into the domestic economy of the tun ; and in his words we may read a description of life in Myton in the long past years when it was an English settlement. " If we pass from the township to the homes within its bounds, we see the freeman himself in that outer garb of peace and industry which has been brought down to us by the ploughman and peasant of to-day, in his smock-frock, a coarse linen overcoat that fell to the knees, and whose tight sleeves and breast were worked with elaborate embroidery. Feet and legs were wrapped in linen bands, cross-gartered and party-colored as high as the knees ; a hood sheltered the head in wintertide ; and among the mark-families in the village. Each man had his own haytime and housed his own crop ; that done, the fences were thrown down, and the meadow again became common pasture, another field in another part of the mark being chosen for the following year. Every such mark became a political unit : every free mark-man had his place in the assembly of the mark, which regulated all the internal business of the partnership and of the relations that arose from it. It ia worthy of reflection by the modem mind that here was a perfect communistic and home-rule system ; yet it was found incompatible with the improvement of agriculture, the increase of population, and the growth of civilisation. It cannot be safely affirmed, adds Prof, Stubbs, that the German settlers in Britain brought with them the entire system of the mark organisation. It is probable they had passed beyond this stage before they migrated. (16) "The unit of the constitutional machinery is the township, the tiltata or vkut,"— Prof. Stubbs. Of the Etymology of the Name " My ton." 23 nobles or wealthier ceorls, a short cloak of blue cloth, often embroidered with fanciful figure- work, and fastened at the shoulder with a costly buckle, was thrown over the frock for warmth or ornament. The house of such a villager naturally varied in size and importance with the wealth and rank of its owner. Dwellings were everywhere of wood ; and the new settlers, accustomed to wooden dwellings in their own land, found in Britain a wealth of forest and woodland which supplied abundant material for construction near every township. The centre of the homestead was the hall, with the hearth-fire in the midst of it, whose smoke made its escape as best it could through a hole in the roof. The hall, indeed, was the common living place of all the dwellers within the house. Here the "board," ( 17 ) set up on trestles when needed, furnished a rough table for the family meal ; and when the board was cleared away, the women bore the wooden beer-cups or drinking-horns to the house-master and his friends as they sat on the settles or benches ranged round the walls, while the gleeman sang his song, or the harp was passed round from hand to hand. Here, too, when night came and the fire died down, was the common sleeping-place, and men lay down to rest on the bundles of straw which they had strewn about the floor. "Beside the hall stood chambers for women and the house- hold, while around the farm-yard were stable and threshing-floor and barn. With so thin and scattered a population, and at a time when even internal trade had hardly begun to exist, the home- stead had to be in the main its own provider ; the grain had not only to be sown and reaped, but to be made into bread in the household, as the flax was not only gathered but woven into garments. To woman fell much of the outer and almost all this inner farm work. It was she who milked the kine and shore the sheep, who made the cheese and combed the wool and beat the (17) The " board " is Anglo-Saxon ; the " table " Latin and Norman. It is curious that the spirit of these languages (both of which were at one time, of course, current together amongst our ancestors) so far survives that for mirth and feasting we speak of the "board," the "hospitable board," the " festive board ;" for a more dignified occasion we say "table," the "dinner-table," the "tables of the wealthy," &c, Ac. 24 Notes Relative to the Manor of My ton. flax ; while her name of the ' spinster ' still reminds us how she spun the thread and wove the wool of every garment. The buildings in which this work went on lay round each larger home- stead ; the mill for grinding the ' grits ' or rough corn and the finer wheat-meal, the oven where the loaf was baked, common loaf, or alms loaf, or white bread of pure wheat, or raised loaf and cake, the sheds for storing wool and honey and wax, the malt-house and the brewery, with its bright ale, and mild ale, and smooth ale, and beer ; the dairy with its butter and its cheese. The outer work of the farm fell upon the freeman and his serfs. Ox-herd and cow-herd, shepherd and goat-herd, the swine-herd who drove the hogs into forest and woodland to feed on the oak-mast, the barn-man and the sower, were serfs in wealthier households, or on the estate of the lord who had gathered a township about him ; but in the free townships the poorer freeman must have been his own labourer, and the toil necessitated by the common system of culture was severe. The open lands of the common pasture were often far from any homestead, so that through the long winter nights, from Martin- mas to Easter, the villagers had to take their turn in folding and guarding the horses and cattle that pastured on them. The need of fencing off the common meadow into separate grass fields when the grass began to grow afresh in the spring was a yet more serious burden ; and besides all these the villagers had to help in the maintenance of mound and ditch around the township, as well as to be ready when occasion called to join the hue and cry in case of stolen cattle, or to follow the reeve of his township" — the tim-geref 'a — " to hundred-moot or folk-moot." Finally, "the dwellers in such a township were not men who had casually come together. As the blood-bond gave its form to English warfare, so it gave its form to English society : " and hence we may conclude that the original colonists of Myton were of kin. There seems no apology necessary for thus quoting Dr. Green's own words at some length. The information extant upon a sub- ject so especially interesting to us who still glory in bearing the name and exhibiting the characteristics of these by-gone genera- Of the Etymology of the Name " Myton." 25 tions, and which has been compiled through the researches of many scholars and antiquarians, could not possibly be better summarised or more clearly expressed than by the lamented author of the " History of the English People." Moreover the work of every historian is a well from which others may draw water, his voice is that of " deep calling unto deep," nor does he grudge but rather delight to add corner-stone or coping or orna- mental window to the structure of another. Nor can we fail to reflect here how deeply into the soil of our own island sank the roots of the agricultural and social system so graphically depicted by Dr. Green. Barely a century ago its influences might have been seen still at work in rural England. The country squire was practically lord paramount of the district ; the tenant farmer represented the marks-man or freeman ; whilst the farm labourer was surely a serf in all but name, only in our own day obtaining a voice in the great national folk-moot. ( 18 ) That especially odious expression " the quality," then used of the high by the low, and still dragging out a mori- bund existence, spoke volumes to the ear of one who was mindful of the days when in Saxon England the setheling with his jewelled cloak stirred the slow envy and awe of the theow, and of the serf- wife who bore to him his following generation of slaves ; and when afterwards the Norman, few but powerful, occupied every place of rank and dignity, and owned every rood of land, whilst the Saxon, far more numerous but despised and de- graded, toiled as his servant upon his estates — the Norman the "quality," the Saxon merely the "quantity " of the dual population. "My" — the first syllable of the name "Myton" — presents greater difficulties to one who would fain hear the story it has to tell. More than one word may be taken from the Saxon tongue of which it may not unreasonably be a corruption or contraction. There are the words Midi and Middcl, meaning " mid, middle," so often found more or less corrupted in the names of Anglo- Saxon towns, such as Midhurst, Melton, Middleton, Middleham, and the like ; but I cannot find or suggest any appropriateness in (18) In the tun-moot the serf had no place or voice. 26 Notes Relative to the Manor of Myton. Midd-tun, or Mid-ton, i.e. the township midway between any other two settlements, although as the name of the manor is sometimes rendered " Mitton " (a very obvious corruption of Mid-ton) in later days when a word was spelt as it was spoken, some show of plausibility is lent to such an etymology. That form of th&uame, however, is exceptional, being probably due to an error of pro- nunciation, and the true reading must lie deeper than the mere surface. The natural situation of the township may prove the key to unlock the riddle, and I venture to suggest the Saxon word Mythe, the mouth of a stream, as the true etymon ; finding in its peculiar locality the real origin of its name as Mythe-tun, the township at the mouth of a stream, and in that very name some evidence of its being a very early settlement of the Engles in Deifyr, if not their very first, f 19 ) In Domesday Book, where we find the first mention made of Myton, it appears amongst the berewicks of the manor of Ferriby as Mitune. The sound of the final e in the first syllable of Mythe-tun would naturally be lost in general pronunciation ; and Mitune would be exactly the form in which the native word would be rendered by the Norman com- missioner whose own mode of speech knew no th sound. ( 20 ) If this derivation be correct, then, in the use of the word Mythe in naming the settlement, mouth of a stream, instead of Mutha, mouth of a river, is there not, first, a distinction naturally suggested between the mighty Humber and the small Hull which flowed into it ; secondly, an inference that the old river Hull emptied itself into the Humber through a narrow channel ; and, thirdly, a hint of the reason why the former in after years became warped up and forsaken of its waters ? In Myln or My ten, a mill, a not improbable etymology is suggested, giving us Myln-tun — the mill-town. Mills are known to be of very great antiquity in England ; and under the old (19) I would imply here that the colony was too new amongst the Engles to reoeive any name but one suggested by the natural features of the locality. It was the township at the mouth of the first stream of any magnitude which they met with as they passed up the Humber. (20) Thus in Domesday Book Thornton is Torenton, Thonithorp is Torntorp, and examples might be multiplied. Of the Etymology of the Name u My ton." 27 manorial system the lord's mill was a very important feature in the manor, since nowhere else was the villein permitted to grind his corn. According to the better opinion, windmills were not known in England until after the Norman Conquest, the molcndinum of Domesday Book being always a water-mill. The right bank of the old river Hull, being the eastern boundary of the lordship of Ferriby, would afford precisely the situation for the proprietor's mill or mills, around which there would naturally gather granaries for storage, and cottages for the millers and labourers, the whole probably enclosed and forming an area which would emphatically be known as the Myln-twi. In this way the hamlet of Myton might possibly have grown up within the great lordship of Ferriby, after the latter had been formed, as only a berewick from its commencement (the Saxon significance of a berewick being a barley-village, a corn-farm, or grange), instead of being, as I have rather suggested, of much older foundation, and become merely a berewick of Ferriby manor by decadence. This the critical reader must decide. Ducange defines a berewick to have been a village, or any hamlet within a manor, which is consistent with either theory ; yet as neither Domesday Book nor the Liber Melse in after years makes any mention of a mill at Myton, the weight of argument seems in favour of the previous etymology. Nevertheless, this district we know has for many centuries been remarkable for the number of windmills. Three are shewn within Myton in the plan which Mr. Frost reproduces as his frontispiece from the Cotton MSS., and to which he ascribes the date of 1350 or thereabouts. In Speed's plan of Hull circa 1610 no less than six windmills are depicted within Myton, and in close proximity to the town's western wall, clearly shewing that even allowing for some poetic license on the part of the draughtsman, windmills were then a prominent feature of the local suburban landscape. The curious plan discovered by Frost in Mesner's Libellus Novus, dated sometime about 1638, exhibits two windmills in Myton ; and it is remarkable in connection with a theory as to the course of the old river Hull ventilated later in 28 Notes Relative to the Manor of My ton. these pages, that in all the plans I have mentioned the mills are placed very near to the town's western boundary. Assuming that such mills stood upon the sites of Anglo-Saxon watermills, but now using wind-power as the change of the river's course westerly had deprived them of the more certain water-power, forcible corroboration of my suggestions is afforded by their situation as shewn in the plans alluded to. Frost himself, in his own theoretical sketch-plan of the appearance of the town at the commencement of the fourteenth century, gives two mills in Myton, each standing in amilne-croft. These he places farther from the town's wall than does any other chartographer, yet still to the west of what he suggests as the original flow of the river. In this respect he was no doubt influenced by the same consideration, namely that the windmills near Hull stood within the manor of Myton near the right bank of old Hull, just as any Anglo-Saxon watermills which might have preceded them would in their day have stood within the berewick of Myton. It is curious that Hollar's careful and minute plan of the town, of about the same date as Mesner's, ( 21 ) shews no mills Within Myton. 21) Mesner's plan is very evidently a rough copy of Speed's. III. OF THE HISTORY OF THE MANOR OF MYTON. III. OF THE HISTORY OF THE MANOR OF MYTON. 'r'WSr'' ^^ recorded history of the Manor of Myton commences jj£§£f with a brief entry in Domesday Book. Yet its very ji f^Pi^l appearance there, as also its name, sufficiently in- dicates, as we have seen, a much greater antiquity than 1085, the year of the Norman survey, notwithstanding the fact that the district first emerges from the darkness of pre-historic times in that careful report. This entry is in itself replete with interest, especially in its preservation of the name of the last owner of the property in Anglo-Saxon times ; although the true significance of the inform- ation afforded has so far escaped the observation of our historians. That quaint but somewhat slipshod writer, Gent, who was the first to publish any annals " Begioduni Hullini," conceals the truth in the vague, irrelevant words, "Ferriby is mentioned " — in Domesday Book — " as a manor, in which Edina enjoys almost 1000 acres"; Tickell repeats Gent's words; Frost makes no allusion to the matter at all ; whilst Sheahan, our latest historian, is content to slightly vary Gent's expression, and writes apropos of the manor of Ferriby — "Edina had nearly a thousand acres in the same manor." Such a meaningless statement as that just quoted is the result of a careless mis-reading of the entry in Domesday Book, which so far from having the barren aspect thus attributed to it, is in reality of considerable value. The exact wording of the Norman record, of which a fac-simile reproduction has been made by Messrs. Goddard & Son, of Hull, as a frontispiece for this volume, is as follows : — 32 Notes Relative to the Manor of My ton. \ In Fcrebl h'b' Eddiua. x. car' t're ad g'UV . t'ra. e' ad. v. car'. Badulph h't ibi n'c xiiij uill' cu' Hi car.' "Ibi p'b'r & cccl'a. T.B.E. ml', c. sol.' n' Ix. sol'. " Ad hoc M' p'tinent lie Bercw'. Vmlouebi ii bo'. Walbi i c'. Bipinglia' x bo'. Tosted i car'. Mitune i c' A dim'. Vluar dune d' c'. Hasc i c' . " Simul ad g'ld'. vi. car' t're & dimidia. t'ra e' ad iiij. car'. Wasta sunt hec p'tcr q'd in hase sunt iiij uill' i cu' . i car' " ; and these details are given under the titles " Evrvicscire, Terra Badul'h De Hortemer, Est-reding, Hase Hvndrct." Such is the original entry which, to quote Gent's quaint phraseology, is "thus render'd " : — jjOBKSHIBE. Land of Ealph de Mortemer. East Biding. Hessle Hundred. " Manor. In Ferriby Eddiva had ten carucates of land to be taxed. There is land to five ploughs. Ralph now has there fourteen villeins with three ploughs. " There is a priest and a church. Value in the time of King Edward five pounds, now three pounds. " To this manor belong these Berewicks : Anlaby, two oxgangs; Wauldby, one carucate ; Riplingham, ten oxgangs ; Tosted, one carucate ; Myton, one carucate and a half ; Wolfreton, half a carucate; Hessle, ( 22 ) one carucate. " In the whole there are six carucates and a half of land to be taxed. There is land to four ploughs. " All these are waste ; save that in Hessle there are four villeins with one plough." The carucate, a carvage or a carve of land, was a quantity of arable land somewhat roughly estimated as that which could be tilled in a year, or in a year and a day, by one plough, its extent varying from sixty to one hundred and twenty acres in (22) Later in Domesday Book, amongst the lands in the East Riding of Yorkshire of Gislebert Tison (William's standard-bearer), Ymlouebi and /Awe appear as manors: the former having a plough and seven villeins on it; the latter having a church, a priest, two bordars, seventeen villeins, and four ploughs, its dimensions being given as a mile long, and half a mile broad. Of the History of the Manor of My ton. 33 different counties and according to the diverse natures of soils, but its average size being generally agreed at one hundred acres. In like manner the bovate or oxgang, that is as much land as one ox or ox-team could plough in a year, is usually held to have con- tained as a mean fifteen acres, although differing in precise size in different localities ; so that understanding these ancient land- measures in an average sense we find Ecldiva (not Edina) to have been the owner in the time of Edward the Confessor of Ferriby manor, containing one thousand acres of arable land, and a proprietor also, as a member or parcel of that lordship, of Myton berewick with its one hundred and fifty acres of cultivated soil. The possessions of Eddiva, or, as she is occasionally termed in Domesday Book, Editha, appear to have been fairly extensive in this part of the East-Riding, since she is noted as the former lady of seven manors in Hessle hundred, and of five manors in " Scard " hundred, such as Kirk-Ella, Wressle, Breighton, Newsham, Lund, Thornton, Melbourne, &c, with their appendant berewicks and sokes. Who was this evidently wealthy lady, and what was her position in the land before William and his vavasors came to treat the Anglo-Saxons as their ancestors had treated the Britons five centuries before ? She was a royal and most unfortunate lady, twice forced by policy into a loveless marriage, twice widowed by violence, and very directly connected with a main crisis in our national history. Generally spoken of in Domesday Book as Eddiva or Ediva ( 23 ), and called by some of our historians Edith from a Latinised form of her name, she was known to the Anglo- Saxon people, to the tenants of her manor of Ferriby, and to the dwellers within her berewick of Myton, as Algitha, the lady of England, the second wife of Harold, the last of the Saxon kings. A sister of the ill-fated Earls Edwin and Morcar, she was the elder daughter of iElfgar, or Algar, earl of Mercia, him- self the eldest son and heir of that Leofric whom Canute created earl of Mercia about 1018, by his wife, the ever-famous Lady (23) Vide " Annals of England," Vol. I., pp. 148-9, and Domesday Book passim. 34 Notes Relative to the Manor of My ton. Godiva, whose well-know liberation of the citizens of Coventry from oppressive customs and exactions still forms the theme of painter and of poet. Of this beautiful and devout countess the lady Algitha was the first-born grandchild ; and she too, like her second husband, was twice married ; first to Gryffyn or Gryffyth, king of South Wales, whose tragic death under the daggers of his own people is so graphically described by Lord Lytton in " Harold, the Last of the Saxons," and secondly, for reasons of state-craft and to unite two powerful rival families, to Harold, who was then a widower. Very early, consequently, in the history of a portion of the site of our modern town, we find it a royal possession ; a part, however insignificant, of the property of that twice-bereaved queen who lost her second lord on the fatal field of Senlac ; a field fateful as well as fatal, for out of the blood-stained ashes of its watch-fires sprang the marvellous Phoenix, England's empire of to-day. The entries in Domesday Book of so many properties in York- shire as formerly belonging to Algitha, or to her brothers both Edwin and Morcar, the latter of whom owned several manors in Holderness, including those of Withernsea and Hornsea, would seem to imply that her family held large estates north of the H umber, and that the manor of Ferriby, with its appendant berewicks, was part of the dowry she took to King Harold. Of all, however, they were ultimately dispossessed by the ruthless Conqueror ; and so far as Lady Algitha is concerned, the list of Yorkshire claims in Domesday Book records briefly that Ralph de Mortemer " had Ediva's land." It is not quite easy to account for the possession by a daughter of Alfgar of these estates in Northumbria. Certainly it would appear from Dugdale's researches that they were not any portion of her family's original possessions, nor inherited by or conferred upon her ex parte pater ml or ex •parte mater nd. It is true that the great rival families of Leofric and Godwin — both Englishmen, probably of obscure origin, and owing their elevation to services rendered to Canute — divided betwixt them all England under the Crown, so that their earldoms almost overshadowed the realm ; Of the History of the Manor of Myton. 35 yet iElfgar's portion was only the great central earldom of Mercia, Harold and his brothers holding Wessex, Kent, Essex, and East Anglia, and Tostig Northurnbria, having been appointed to that earldom by the Witenagemot upon Siward's death early in 1055. But, as we know, ten years later the people of Northurnbria rose against Tostig's government whilst he was absent at Britford, in Wiltshire, with the king, seized his treasures, slew his house- carles, and declared him outlaw, choosing for his successor iElfgar's son, and Algitha's brother, Earl Morcar. The latter promptly entered into the enjoyment of the powers, prerogatives, and profits of this rich earldom, which he held at the time of Harold's politic marriage with his sister ; so that the manors and estates Algitha possessed in the south-eastern portion of Northurnbria may have been Morcar's gift to her, perhaps as a marriage portion when her hand united the two families for a time. But to resume. A further light is thrown by Domesday Book upon the past of Myton, a lurid light casting far into after centuries grim shadows of ruin and despair. The laconic statement that the berewicks of Ferriby manor were then (1085) "waste" — save four villeins and a plough in " Hase " — would seem to imply that Myton had shared in a far heavier calamity than the mere loss of Saxon lady for Norman lord ; and that upon Myton and its companion hamlets had fallen a bitter portion of the terrible vengeance which the Conqueror took for the capture of York, with its concomitant slaughter of three thousand Normans, by Edgar Atheling and Sweyn of Denmark in 1069. From the Humber to the Tyne William devastated the country, sweeping over it in a whirlwind of sword and flame ; and in this terrible tempest of his wrath Myton must have suffered its " baptism of fire." Sixteen years had come and gone since that fearful visitation and the appearance on the scene of the Norman commissioners, and still the land lay bare ! Of Balph de Mortemer, successor in ownership to the un- happy lady Algitha, it may be briefly stated that he was of Duke William's kin, and accompanied his great relative to the invasion of England, "being," writes Dugdale, " one of the chiefest com- 36 Notes Relative to the Manor of My ton. mandei-s in his whole army." He took part in 1088 in the rising against William Rufus, headed by Odo, Bishop of Bayeux, in favour of Robert Curthose ; but returned to his allegiance and was received into favour again two years later. At the time of the Domesday survey he held eighteen lordships in Yorkshire, and more than one hundred in other counties. His descendant, Edmund de Mortemer, held Ferriby manor and Myton in a technical feudal sense, as chief lord of the fee under the king, when Edward the First purchased Myton and Wyk. A lapse of seventy-five years occurs after the Domesday sur- vey before any further mention of Myton can be found. During this period, as I gather from the charter shortly to be mentioned, two important changes had taken place, or rather, one change had been accomplished, and another was then in slow progress within the district. The berewick had been elevated into a lordship, owing to the erection within its precincts by its Norman proprietor of an Aula, Mote-Hall, or place where a court for the manor could be held, owing, perhaps, to the second of the two changes alluded to, viz., the gradual growth at the old mouth of the river Hull of a little trading port or village, what may be described (using the word tun as meaning hamlet) as a hamlet within the hamlet — an increase of population and homes just at the particular point within the manor where could be felt the first faint pulsations of that mighty trade which has made modern Hull the third seaport in the United Kingdom. As a purely agricultural district Myton contained within itself no material for improvement or development ; but the vast value in the latter respect of its boundary river where it emptied itself in- to the great Humber sea, was a testimony to the unconscious sagacity of the first English invaders who there founded a settle- ment. Hence we shall see by the charter in question how important this especial portion of the lordship had become, as distinct from what we may term the purely farming residue, in the ninety odd years of quiet life which had passed since William's mad and disastrous foray. A third change, or rather a reversal of the first change, may Of the History of the Manor of Myton. 37 also be noted as of some importance. The Aula, built as I sur- mise by Ealph de Mortemer, had fallen into complete decay, owing to what reasons or neglect " the ingenious reader " must imagine for himself. This is the more difficult to understand because, as we have seen, there could not be a manor without a court, so that the Manor-House, or Court-House, was the out- ward and visible sign, the hall-mark as it were, of a manor ; indeed the Manor-House is frequently described in legal docu- ments as itself the manor, thus illustrating the essential importance of that feature of the lordsnip. Consequently where there was no Mote- Hall presumably there was no manor ; and it is remarkably consistent with these ideas that the district of Myton with its ruined Court-House is not called a manor, or the manor of Myton, in the charter shortly to be quoted, nor afterwards until Edward the Second had built there a new Manor House. When after seventy-five years of obscurity Myton again appears on record it was once more the property of a woman, though not one of noble or even important family, Maud or Matilda Gamin, a lady — judging by her name — of Norman descent, and who afterwards married one Robert de Melsa, evidently a member of a Holderness family. It is clear from the wording of her charter that Maud Camin had inherited Myton with its Wyk, or harbour, as the heiress at law, from which we must gather she was the only surviving child of her father, Hugh Camin ; but from whom he had acquired the lordship, or of whom he held it feudally under the De Mortemers, is doubtful. It appears from certificates returned in the reign of Henry the Second of knights' fees held in Yorkshire, that Matilda, the daughter of Hugh Camin, then held one knight's fee de antiquo feudo under Robert de Stuteville of Cottingham, and the fourth part of another knight's fee under Everard de Ros, lord of Roos in Holderness ; and as the extent of the knight's fee was twelve carucates, or twelve hundred acres, these certificates account for a sufficiently extensive ownership — fifteen hundred acres in all — on her 38 Notes Relative to the Manor of My ton. part (-*). She could not, however, have held Myton lordship and harbour under either De Stuteville or De Eos ; and as it is stated in Kirkby's Inquest (1284-5) that Myton was of the fee of De Vesci, and that Gilbert de Aton then held the whole, the probability is that Myton was held by Maud Camin of a De Aton, who held of a De Vesci, who held of a De Morteiner, who held of the king in capita. In this I am con- firmed by a grant of portions of the manor made by William de la Pole, junior, in 1346, which describes the property as "of the fee of Aton." The charter previously alluded to is a grant without date from Maud Camin to the Abbey of Meaux of a considerable portion of Myton lordship, the growing importance of its harbour as a seat of trade being emphasised by its peculiar and especial mention. The document in question, which is the oldest deed in existence relating to any part of Hull, is still preserved amongst the archives of the town ; and Frost, who must be acknowledged the discoverer of it, gives an admirable facsimile reproduction of it between pages 8 and 9 of his most valuable work, " Notices Relative to the Early History of the Town and Port of Hull." He ascribes to it, no doubt quite correctly, the date of circa 1160; and although he gives a full translation of it in a foot-note, no work seeking to deal especially with Myton could be deemed at all complete, or of value for use by future writers, unless it set out this most interesting document ipsissimis verbis, which even at the risk of being tedious I must do. MI'IB'S s'c'ematris" — the charter runs — " eccViefiliis p'sentib' q'm futuris visuris et audituris litteras has Mathildis Camin filie Hitgonis Camin sal 'f : Sciatis me dimisisse ac vendidisse Monachis de Melsa integre duas partes terre pat'monii mei del Wye de Mitune, & t'tc integerrime diias partes pat'monii mei de Sevenstanghes & quatuor bovatas terre in territorio p'dicte ville dc Mitune, (24) She would discharge by proxies, of course, the feudal conditions of her tenure, which bound her as the owner of a knight's fee to serve De Stuteville for forty days, and, as the owner of a quarter of a knight's fee, to servo De Ros for ten days, annually, if called upon, in the wars, armed and equipped as a knight, and at her own expense. Of the History of the Manor of My ton. 39 vid'l'c't Mas iiij bovatas que p'tinucr't ad parte 1 meam qu' terra divisa fait bit' me & d'nam Anor matre' meam, <£• pastura' octingentis ooibus, cum om'ib's aliis p'tincnciis int'a villam et ext'a, ita t'n q'd tres bovate Me qu' in p'dicta villa remane't 'd meo feodo possint habere tantiC pasture quam p'tinet ad tres alias bovatas quas monachi tenent in cade' villa: Vcndidi ecia' eisdc' monachis toftn' in quo Aula sitafuit, cu' om'ib' toftis que p'tinuer't ad p'dicta' partem mea', ct sedem uni' piscarie in Hombro, & duas partes saltinaru' feodi mm in eade'villa, et duas partes del Cotecroft, ct duas partes de Lancroft, code' modo quo p'dictc partes divise fueru't qu' predicti terra de Mitone partita fuit hit' me £ anteno'i'ata Anor matre' meam : Et totu' doninicu' meum p'dicti ville sicut remansit in mea parte & ad men' opus ea die qu' Ma partitio facta fuit int' me et matre' meam, cu' om'ib's p'tinentiis int'a villam & ext'a, absq tillo retenemento vendidi p'fatis monachis pro qiiat' viginti & undcci' marcis argenti quas m'chi dederunt : Et conccdo £ p'scntis carte testimonio confirmo cccl'ie p'dictc Mclse q't'm p'dicta om'ia de me & de he 'dib's meis in p'petuam elemosina' teneant liberam cib om'i t'reno servicio q'd ad me ut ad liercdes mcos p'tineat: salvo t'm' forinseco servicio qu'to p'tinet ad alias quatuor bovatas terre in cade' villa de code' tcnemento, exceptis comitatib' ' Hull tenend' ad totam vitam suam, dc." The matter, therefore, is beyond dispute ; but it is somewhat difficult to reconcile the proper date of this grant with Frost's carefully- compiled list of wardens of the town, wherein we find Hastang warden in 1310, in conjunction with Botenheryng and others in Of the History of the Manor of Myton. 73 1311 (the year of the grant to hiin for life), and again solely in 1316, 17, 29, and 31 ; which last was the year of the charter elevating the office into that of mayor, and conferring the custody of the town upon the burgesses. Frost further states in a footnote based upon the national records that on the 4th November, 1312, Eobert de Wodehouse, the king's escheator beyond Trent, took the town and manor from Sir Eobert Hastang back into the king's hands, which taking seems strangely at variance with Sir Robert's then holding the same for his life ( 40 ). In the Inquisition taken after the death of Richard de la Pole (1346) Myton grange is mentioned as a tenement in " Myton upon the Humber," called in the time of Abbot Roger " Myton grange," and of which the abbot is said to have been seised with " ten bovates of arable land," a quantity which exactly corresponds with Domesday Book. It is also stated that Edward II. erected there a new Manor-House, known at the (40) The year of his death is uncertain, but he is referred to in the 10th Edward III. (B.B. 2 fo. 203) as ''jam defuncto" As he was the last warden of Hull, and was connected with the town so early in its history, although apparently a stranger and a south-countryman, it may be interesting to give an abstract of his civil and military services from the published Parliamentary writs. These appear to have been as follows : — Hastings, Robert de < Robertus Ilaitang, Hattynqu, tlasteno, de Hastanges), 1294 — Summoned to perform military service against the Welsh. Master and military council at Worcester, 21 Nov. 1296— Summoned to perform military service in person against the Scots. Muster at Newcastle-upon-Tyne, 1 March. 1297— Summoned to perform military service in person in parts beyond the seas. Muster at London, 7 July. 1298— Summoned from Staffordshire to perform military service in person against the Scots. Muster at York, 25 May. 1801 — By the style and title of Dominui de la Disiree joins in the letter addressed to the Pope on the part, as well of the persons named therein, as of the " Communitai" of England. Dated at Lincoln, 12 Feb. 1303 — Appointed sheriff of the shire of Peebles. Parliament at Westminster, 15 Sept. 1811 — Commanded to attend the muster at Carlisle, 3 Nov., with ten men-at-arms, to perform service in the Marches, receiving pay for the same. 1311 — Summoned as a baron to Parliament at Westminster, on the first Sunday in Lent, 18 Feb. 1816 — Certified as lord of the township of Barforth ; also East Tanfleld and Carthorp, in the county of York. 1317 — Summoned to perform military service in person against the Scots. Muster at Newcastle-upon-Tyne, 8 July. 1317— Muster prorogued, and re-summoned for 11 Aug. 1817 — Muster again prorogued, and re-summoned for 15 Sep. 1S18— Holding lands beyond the Trent, empowered to raise and arm all his men and tenants ; 16 Dec. 1324— Knight, and returned by sheriff of county of York, as summoned to attend the great council. 74 Notes Relative to the Manor of Myton. time as "Myton Manor-House," which with the ten bovates of arable land attached to it he granted to Sir Eobert de Hastang for life. The original of this extract runs as follows — " Dicunt," — i.e. the jurors, — q'd quidam Bog'us de Driffield, quondam Abbas de Melsa, fuit seisitus de quo' dam ten' in Miton super Humbre tunc vocat' Miton Graunge, ct de x bovat' terr' arabil' et p'ti ibidem. Post decessum ip'ius D'ni Beg' avi D'n's E. pat' reg' qui nu'e est fecit edificar' ibidem quoddam man'iu' tunc vocat' man'iu' de Miton, quod quide' man'iu' cu' x bovat' t're arabil' et p'ti p'dict' dedit et concessit D'no Rob'to de Hastang, milite, p'cartam suam ad t'minu' vite ip'ius Bob'ti." There is much uncertainty as to the relative situations of the grange of Myton which belonged to the monks of Meaux Abbey, and the Manor-House which King Edward II. is here said to have caused to be built. Mr. Frost states that the Aula spoken of in Maud Gamin's charter was used by the monks as a grange, that " there the successor of Edward the First built a house called Myton Manor-House ; and in that place the Court of thev Manor of Myton continued to be held, until it was at length laid waste, and reduced into a plain which obtained the name of Grangewyke." I think I have previously shewn (see p. 48 ante) that Mr. Frost was mistaken in identifying the grange described as in ruins by Abbot Burton with the Aula mentioned in Maud Camin's charter, and that, indeed, each stood on a different side of the old course of the river Hull ; nor can I accept his further statement that upon the site of the grange stood the Manor- House built by order of Edward II. The matter is purely one of surmise ; but my own theory is that the grange was an agricultural building simply, in no way such an outward and visible sign of lordship as a Court-House would have been. Con- sequently when the rapidly-growing town of Kingston-upon-Hull was constituted a manor, there arose a danger of the less- important lordship of Myton becoming forgotten or extinct, unless some tangible sign of its continued existence were established ; and to secure this end the king ordered a Manor-House to be Of the History of the Manor of My ton. 75 orected within it. Building materials not being over-plentiful in that day, it is not unlikely that the stone and timber of Abbot Michael's grange were utilised for the cheaper erection of the structure intended to supersede it ; which would also account for Abbot Burton's statement, " Now our grange is wholly laid waste, and its ruins are to be seen " etc. Mr. Frost's further assertion that in the new building " the court of the manor of Myton continued to be held, until it was at length laid waste," is, of course, mere conjecture on his part. It seems to be contradicted by the fact that like its Norman predecessor, the Aula before alluded to, Edward's Manor-House quickly fell into decay, from which I cannot but find confirmation of my view that Myton never was a true manor, and that no court or leet was held there. So early as the 5th Edward II. (1312) an Inquisition into the condition of Myton lordship revealed a state of things only compatible with the supposition that the royal Manor-House was never used, either as a residence or even for the purpose of holding a manorial court. The jurors reported that the roofs and walls of the hall, chamber, kitchen, and outbuildings of the Manor-House had suffered from gradual decay and neglect to the extent of 40s., during the time when Milo de Stapelton, John Botenherying, Bobert Hastang, and Edward de Ebor were custodians of it ; and that the bridge before the gate of the Manor-House (it was evidently moated, as Manor- Houses usually were) required repairs to the amount of 6s. 8d. Two of these custodians, Bobert de Sandale and Bobert Hastang, seem from the town's records to have entertained peculiar and original views as to the duties and privileges of lessees of royal property ; as we gather from a brief entry which appears in B.B. 2 fo. 141 of the finding of a jury upon an inquiry into the state of the manor of Myton, held on Friday next after the Nativity of the Blessed Virgin Mary (8th Sept.) in the 14th Edward II. (1320) before Henry de Staunton, Adam de Lymbergh, and Galfrid le Scrop, upon the oath of Arnold Nicol, Peter Nicol and others ; a record of considerable interest chiefly because in it occurs the first mention of Tupcoates. jd Notes Relative to the Manor of Myton. First the jurors say that in the manor of Myton once stood a certain berchary called Humbercote, established there as a store for the manor, and worth £20, which Eobert de Sandale, a former custodian of the lordship, had destroyed ; as he had like- wise destroyed another berchary to the king's loss to the extent of 1 mark. That through the negligence of Eobert de Hastang, the bank (which protected the manor from the Humber) had so decayed that for the past four years the manor had suffered damage to the amount of 10 marks per annum through divers inundations of the waters of the Humber, and such bank could not be properly repaired for less than £10, although 50s. would have sufficed at first. Further that Allan de St. Clare formerly held one messuage in Lyle-street ( 41 ), paying for the same a quit rent of 7s. per annum ; which payment ceasing, Eobert de Hastang seized the house into the king's hands, and in the same year unroofed " xiij domosin ead" messiicuf," (* 2 ) selling therefrom 3000 tiles for 10s. Lastly that there was within the manor a certain cottage called "Topcote," wmich Eobert de Sandale had caused to be pulled down, and had sold the timber from it for 10s ( is ). We may briefly note from this finding that the lordship of Myton had fallen through the neglect and positive destruction of two of its custodians into a condition of great decay and poverty. It would appear to have consisted at this time merely of a few ruined bercharies and dismantled houses, having suffered from the greed and laissez-faire of stewards "whose own the sheep were not ; " nor did it recover from this miserable state until it became the property of the De la Poles. That illustrious and wealthy family were the next possessors (41) Afterwards Myton-gate, a name it acquired as early as 1890. It is evident from this Inquisition and from other entries in the town's records that this street extended westward from Kingston-upon-Hull into Myton. (42) I cannot satisfactorily explain this extraordinary statement if the word " domot '• is to be read as " houses." The term " messuagium " includes, it is true, not only a building but also the adjacent land assigned to its use; yet it seems difficult to believe thot this particular " messuage " comprised 13 separate tiled houses. But as in the same Inquisition Humbercote berchary is alluded to as " dom' ilia " — that house — we are constrained to give the same meaning to the word as used again here. (43) /fro dtcunt q'd/uit ibi guo'da' cotagia' toeaF Topcote quid Rob't's de Sandale p' strafe fecit // John de laxton s'cicnte' suu' et vendidit ind" imTfm p' xs. Of the History of the Manor of My ton. 77 of the lordship, their tenure of it, broken only by occasional forfeitures, lasting as long as their fortunes endured. In the 3rd Edward III. (1329) the brothers Eichard and William de la Pole petitioned their sovereign for a grant of the manor of Myton, in the county of York, in exchange for their moiety of the manor or villa of Lyndeby, in the county of Not- tingham (**). What was the especial value of the former property in their eyes we can only surmise. Although its rent-roll was the larger as a matter of fact, this would have to be equalised on exchange ; but Myton was situate at their own doors, and was an agricultural lordship of some importance just outside the walls of a growing commercial town in which they themselves were rapidly accumulating vast wealth. There would also be some increase of dignity and consideration amongst their fellow citizens in being lords of the adjacent manor ; beyond which they were undoubtedly largely indebted to Myton for one easy and prolific source of their riches. According to Leland, " most part of the Brik that the waulles and Houses of Kingston were builded with was made without the South side of the Town," and he adds " the Place is caullid the Tylery." By the south side of the town I understand the south of its western face, identifying " the Tylery " with the brickyard which the De la Poles had in Myton when the walls of Kingston-upon-Hull were built. It is highly probable that they enjoyed an exceedingly lucrative monopoly of brick-making during the early years and growth of Hull, and this must have stimulated a desire to acquire the rights of lordship over the valuable district without its gates. However this may have been, pursuant to their request writs were issued to the king's escheators in both counties to ascertain the respective values of the properties sought to be exchanged. Accordingly as regarded Myton an Inquisition was taken there before John de Sutton and others, on Monday after the Feast of St. Dunstan the bishop, 3rd Edward III., in the presence of (44) William de la Pole it was who acquired the moiety of the manor of Lyndeby, which he bought of Sibilla, wife of John de Metham, chivalier, who held it in chief. Edward II. pardoned William de la Pole for thiB offence on his paying a fine of 5 marks (12th Aug., 1825). Pat. Roll, 19 Edu. II. 78 Notes Relative to the Manor of Myton. Eobert de Hastang, keeper of the said manor, to see if it would be to the king's loss were he to grant the manor to Eichard and William de la Pole in fee, in exchange for their moiety of the township of Lyndeby. The jurors astutely returned that it would not be to the king's loss if he received to the value thereof, " but they say that Robert de Hastang, keeper of the said manor, hath by the grant of the lord Edward, father of the king, the aforesaid manor, with the custody of the town of Kingston-upon-Hull, receiving therefrom yearly £100 during his life." As their extent of the manor the jurors said — and their finding gives us a complete and most interesting account of its then contents and value — that the site of the manor (Manor-House) of Myton, with a certain piece of meadow lying under the same, was worth by the year, quit of reprises, 13s. 4d. Also that there were with the same manor ten bovates of land and meadow, whereof each bovate contained 15 acres of arable land and 10 acres of meadow thereto pertaining, and each bovate was worth by the year, beyond reprises, and beyond defence against the waters of the Humber, 2 marks. Also that there was a certain piece of meadow con- taining 12 acres in Waldinges (Wold Ings) which was called Sevenstangs, and worth annually 20s. Further that there was a certain windmill there, worth by the year 2 marks. Also eleven cottages paying yearly 26s. 4d. at two terms of the year. And lastly that there was a pasture wherein cattle were sometimes agisted called Mytonker (Myton Carr), and it was worth 2s. per annum : the sum of the extent being £17 15s. The king's grant of the manor to the two brothers was made on the 8th day of May, 1330, the court being then at Woodstock. It runs as follows (Originalia Rolls, 4 Edwd. III., Roll 5) : — [HE King to all, &c. Know ye that we, for the good services which our beloved servants Eichard de la Pole and William his brother have heretofore frequently rendered to us by expending themselves and their goods in our service &c, have granted for us and our heirs that Of the History of the Manor of Myton. 79 our manor of Miton ( 45 ) with the appurtenances, which our beloved and faithful Eobert de Hastang holds for the term of his life by the demise of lord Edward late king of England our father, and which after the death of the same Eobert ought to revert to us and our heirs, shall after the decease of the same Bobert remain to the aforesaid Eichard and William ; To have and to hold to them and their heirs of us and our heirs for ever, in exchange for a moiety of the vill of Lyndeby with its appurtenances in the county of Nottingham which the same Eichard and William hold of us, and which by their deed they have given granted rendered and released quit from them and their heirs forever to us and our heirs in exchange for the manor aforesaid ; Eendering therefor to us and our heirs at our exchequer after the death of the said Eobert £10 3s. annually, by which amount (the said manor) exceeds the value of the moiety of the town aforesaid according to the extent thereof made; And we, having regard &c. to the great costs and expenses which the said Eichard and William daily sustain in our behalf, and desiring to show more abundant grace to them on that account, have granted &c to the same Eichard and William that they may hold the same manor with the appurtenances after the death of the said Eobert free from the aforesaid rent of £10 3s. during their whole lives, So never- theless that the heirs of the same Eichard and William to whom the aforesaid manor shall happen to come after their deaths shall pay the said rent to us and our heirs &c every year for ever : Given at Woodstock &c." It is evident that at this time the annual value of the lordship had considerably decreased. Prior to its purchase by Edward in 1293 the manor of Myton was estimated, as we have seen, to be of the annual value of £24 8s 0d., so that in the course of the nearly forty years which had elapsed since that event its revenues (45) In the Patent Rolls, quoted both by Dngdale and Frost, the manor is described in the entry of this exchange as " Miton in Holdernesse ; " and it is this description, though not contained in the grant itself, which seemed to Frost to support his impression that Maud Camin's Aula had stood on the " reliquam partem del Wt/k," The statement, however, must have been a pure error on the part of an official, and can be of no historical or geographical value whatever. 80 Notes Relative to the Manor of Myton. had diminished almost one-third ; a state of things owing partly fco the neglect of former custodians but mainly, perhaps, as that very neglect may have been, to the superior attractions and rapid development of Kingston-upon-Hull tending to depopulate the immediate rural neighbourhood. I cannot quite reconcile the odd shillings in the annual rent reserved to the crown, since the yearly value of the moiety of Lyndeby, which the brothers duly conveyed to King Edward by deed dated at Woodstock, 10th May, 1330, appears to have been not £10 3s. but exactly £10 less than the value of Myton, as I gather from an entry in the Patent Rolls of some eleven years later (* 6 ). The king's remission of this rent during the lives of Eichard and William de la Pole was a grateful acknowledgment of their providing the daily expenses of the royal household {vide " Story of the De la Poles," p. 12). The date of this grant appears by mistake in Frost's pedigree of the De la Pole family as 1311. In 1334 the brothers De la Pole made a formal partition of the manor between them ( 47 J. This was carried out by deed dated the day of August next after the Feast of St. Peter ad Vin- cula, 8 Edward III. (3rd Augt., 1334), a document which evidently ran much to the following effect. " Partition is hereby made between Richard de la Pole, on the one part, and William de la Pole, on the other part, of the manor of Myton adjoining Kingston- upon-Hull with its appurtenances, which the said Richard and William hold of the gift and fee of our lord the king in exchange for the township of Lyndeby in the county of Nottingham ; that is to say, the said Richard shall have five bovates of arable land with their appurtenances, which were formerly in the hands of divers men of the said town of Kingston-upon-Hull by demise of Sir Robert Hastang, knight, formerly custodian of the said manor ; and a windmill upon the water of the Humber " (i.e., close to the water-side); " and also the place or meadow called the Crookedcote- (46) " Rex coneets' Thomce de Bourne in feodo omnia terras et ten' in villa de Lindby infra forettam de Shirewode ad ralentia.n £7 15i. per ann', nuper WilVi de la Pole in escambio pro tnanerio de Myton."— Cal. Rot. Pal. 15 Edw. III. (47) For this information I am indebted to a note supplied to me by Mr. T. Tindall Wildridge, author of " Old and New Hull," &c, but unfortunately he cannot recollect when or from what source he obtained it. It, however, proves itself. Of the History of the Manor of My ton. 81 dale ; and the other place or meadow called the Sevenstangs ; with one moiety of all rights of pasturage and agistment of the manor : the said William shall have the site of the Manor-House with the houses and buildings thereon, and all places and profits within the boundaries thereof; and the meadows adjoining the Manor-House ; also the five bovates of arable land which the said Richard and William heretofore held jointly of the said Sir Robert ; and all other tenements and cottages within the said manor, with the services and rents therefor due ; and one moiety of all rights of pasturage and agistment of the manor." It appears from the document next to be mentioned that the brothers had purchased Sir Robert Hastang's interest in the lordship and in the fee-farm rent of the town, and had been for some time in full possession of the manor. Amongst the town's muniments is an earlier indenture between Richard and William de la Pole, which corroborates the fact of a partition, and to some extent supports the date given in the preceding paragraph. After reciting that they had jointly acquired from the king his manor of " Mytona juxta Kyngcston sup' Hull" with its appurtenances, to hold to them and their heirs after the death of Sir Robert Hastang, to whom the late king (father of the then monarch) had given the manor for his life, and also that the king intended to give them for their lives the whole farm (tot am firma', i.e., the said annual rent of £10) of his town of Kingston- upon-Hull after the decease of Sir Robert, whom " they had wholly satisfied so that he had entirely released to them as well the said manor as the said annual rent," they mutually agreed to equally divide the said manor and farm of the town, " with all commodities and profits issuing therefrom," in such wise that Richard should have for himself one half-part of the net value thereof, and that William should have for himself the other half- part of the net value thereof ; further agreeing to bear equally such costs or expenses as both or either of them might be put to at any future time in defending or justifying his moiety against the crown or any other authority. This deed is dated at Hull on Wednesday i^ 82 Notes Relative to the Manor of My ton. next after the Feast of the Apostles St. Peter and St. Paul, in the year pi our Lord 1332, and in the 6th Edward III. The witnesses to a business arrangement of this magnitude were naturally fellow- townsmen of standing and reputation, and were all well-known men of their own day, although now r to the great majority of readers their names will be a mere string of idle sounds. They were Hugh le Taverner, Eichard FitzDien, Eobert Stut, Stephen of Swine, Alan Coc, Eobert of Lichfield, Walter le Taverner, Eoger Lambert, Thomas of Upsale, Walter Helleward, and others. Eobert Stut in 1334 was appointed a royal commissioner to select vessels suitable for warlike purposes from the ports of Newcastle, Hartlepool, and Hull; and was mayor in 1341. Of the others we will give a few particulars later. But the mere perusal of their forgotten names suggests to us the reflection how few, if any, of those who to-day are the chief citizens of Hull in her council-chamber and marts will, when five centuries more have passed by, be known even by name to those who will then occupy their places. As a large portion of the manor of Myton was held " of the fee of Aton," it may be interesting here to quote from B.B. 2 fo. 235 a grant of lands in Myton held of the same fee ; and made by Eobert FitzHugh to Hugh le Taverner in 1335. Judging from the names of the witnesses, all of whom were local men of mark, the transaction was regarded as one of considerable importance, and from the wording of the instrument itself would seem to include all the fee of Aton within the town or without. Yet it could not possibly have affected, or been for a moment intended to have affected, any portion of the lands of Myton belonging at this time to Eichard and William de la Pole. Altogether the matter is somewhat puzzling ; and the delicious vagueness which this grant displays, in common with so many medieval conveyances, does not assist one to an explanation. The entry of the deed in the town's records runs as follows : — \CIATIS p'sentes et futur' q'd ego Bob'tus fil' Hugo' is de Kyngeston sup' Hull dedi co'cessi et hac p'senti carta mea confirmavi Hugoni le Tav'n' Of the History of the Manor of My ton. 83 de Kyngeston sup' Hull om'es et singidas t'ras et ten' cu' b'caria p'tis pascuis et pasturis et o'ib's aliis commoditatib's aysiamentis et p'tin' suis que et qaas h'ui ex dono et feoffamcnto d'ni Gilb'ti de Aton militis in Kyngeston sitp' Hull et My ton juxta Kyngeston ; H'end' et tenend' om'es et singulas p'dict' t'ras ct ten' cu' b'car' p'tis pascuis et pasturis ct o'ib's aliis commoditatib's aysiamentis et p'tin' suis p'd'tis p'dict' Hugoni her' et assign' suis libe' et integre imp'petu'm de capitalis d'm'i feodi Mi p' s'vi'a indc debita et consueta ; Et ego p'd'c'us Rob'tus ct her' mei o'es et smg'las p'd'tas t'ras et ten' cu' b'car' p'tis pascuis et pasturis et o'ib's aliis commoditatib's aysiamentis et p'tin' suis p'd'tis p'd'c'o Hugoni her' et assign' suis cont' om'es ho'i'es warantizab' ivip'petu'm ; In cuj' rei testi'oni' huic p'senti carte mee sigillu,' me'm apposui; Hiis iestib's, Will'o de la Pole, tunc maiore de Kyn' sup' Hull, Will'o de Birkyn et Walt'o Tav'n', baill'is c'usde' ville, Eob'to de Lychefelde, Bic'o FitzDien, Walt'o Helward, Bob'to de Uppesale, et aliis ; Dat' apud Kyngeston sup' Hull die d'nica in festo Annunciac'o'is B'e Marie Virg'is, Anno D'm' mill' into t'ccntesimo tricesimo quinto rcgni regis Edwardi t'cii p' conquestu' nono." The document may be " thus render'd." |NOW all men present and to come that I, Eobert FitzHugh of Kingston-upon-Hull, have given and granted, and by this my present charter have confirmed, unto Hugh le Taverner of Kingston-upon-Hull all and singular the lands and tenements, with the berchary, meadows, grazing-grounds, and pastures, and with all other their commodities, easements, and appurtenances, which I have of the gift and feoffment of Sir Gilbert de Aton, knight, in Kingston-upon-Hull, and Myton nigh Kingston ; To have and to hold all and singular the said lands and tenements, with the berchary, meadows, grazing-grounds, and pastures, and with all other the commodities, easements, and appurtenances as aforesaid, unto the said Hugh his heirs and assigns freely and wholly of the chief lord of the fee for ever, by the services therefor due and accustomed ; And I the said Robert and my 84 Notes Relative to the Manor of My ton. heirs all the foregoing lands, tenements, berchary, meadows, grazing-grounds, pastures, commodities, easements, and appurtenances, unto the said Hugh his heirs and assigns will for ever warrant against all men ; In witness whereof I have hereunto affixed my seal ; these being witnesses, William de la Pole, mayor of Kingston-upon-Hull, William de Birkyn and Walter le Taverner, bailiffs of the same town, Eobert of Lichfield, Richard FitzDien, Walter Helward, Eobert of Upsala, and others ; Dated at Kingston-upon-Hull on Sunday in the Feast of the Annunciation of the Blessed Virgin Mary, in the year of Our Lord 1335, and in the 9th year of the reign of King Edward the 3rd after the Conquest." Upon this deed I may shortly remark that, first, the reader will learn from it and the other charters set out in these pages that the custom amongst lawyers, so frequently found fault with in these degenerate days, of repeating the same words over and over again in deeds, has come down to them from a very respectable antiquity ; secondly, that Sunday was and is a most unusual day upon which to transact any legal business or execute any legal document, and some special reason must have existed for its being the day of the signature of the present one ; thirdly, that many of those mentioned in the deed were men whose memories we may hold in respect as once leading citizens of Hull, albeit five-and-a-half centuries have come and gone since they trod the pavement of High-street, or discussed commercial and municipal affairs on 'Change or in the warm parlour of their favourite tavern. Sir Gilbert de Aton, lord of the fee of which the lands and tenements, berchary, &c, were held, was a knight of considerable wealth and importance. He had his residence in High-street ; and was summoned to Parliament from 17 Edward II. to 16 Edward III., in which latter year he died. He was a member of the ancient baronial family of Aton, who had much property in Hull, Myton, and Trippet, and after whom Aton-lane, now Chapel-lane, was called. William de la Pole we know. This was his fourth year of office in the mayoralty ; and the fact that he Of the History of the Manor of My ton. 85 is not described as miles or dominus is another proof that Tickell is in error in saying that he was made a knight- bachelor in 1332 (see " Story of the De la Poles," p. 12). Hugh le Taverner is mentioned in the same year (1335) as holding property in Market-gate under lease from the Archbishop of York. Eobert de Lychfield was three times mayor of the town ; Robert de Upsale once, and being in 1347 associated with Sir William de la Pole, the mayor and bailiffs, and other prominent citizens in drawing up a terrier of the royal possessions in Hull (B.B. 2 fo. 31) ; whilst Walter Helleward was thrice mayor, and, doubtless, a son of James Helleward, or Helward, who founded Holy Trinity church as a chapel of ease to Hessle. He was collector of customs at Hull jointly with Richard de la Pole, was a member of a family of much local esteem, and probably lived in High-street near to Sir Gilbert de Aton. The name of FitzDien is also of frequent mention in the town's records of this period, arguing a family of property and position. The title of the brothers De la Pole to the fee-farm rent of the town ( 48 j was not readily admitted after Sir Robert Hastang's death, or the payment of it not cheerfully made ; since in B.B. 2, fo. 203 appears a copy of letters-mandatory from King Edward, directing the immediate payment to them of the arrears of the rent. It is interesting that these letters were given at the Tower of London. They bear date 15th April, 1336, and are addressed to the mayor, bailiffs, and " honest men " of the town; the last expression being a compliment to the burgesses at large, or founded upon city-officer Verges' aphorism, slightly altered, — " If he be not an honest man, he is none of the prince's subjects," upon which a local Dogberry might well have commented " True, and these letters are to none but the prince's subjects." In much the same words as are used in the case of Sir Robert Hastang, the king mentions his gift of the custody of the town to 48 It would be interesting to follow the history of this annual payment, which exists, 1 believe, in a modified form at the present time. I have no doubt that Mr. Wiklridge could give us a full account of it, if permitted by the Corporation to do so. After the death of Sir William de la Pole, his son and heir Michael, afterwards carl of Suffolk, paid £5 for the royal confirmation of a writing from his father assigning the said rent to him. 86 Notes Relative to the Manor of Myton. that knight for his life ; then that he had on the 9th day of June, in the fourth year of his reign (1330), promised his heloved servants Richard and William de la Pole that after the death of Sir Robert they should have the custody of the town for their lives, in recognition of their good and faithful services repeatedly rendered to him ; reminds the burgesses that in spite of this grant and promise he had by his charter of 6th May, 1331, given them the custody and keeping of their town for ever, at the annual rent of £70 ; that he had given this rent to the two De la Poles for their lives, Sir Robert Hastang being now dead ; and, finally, commands them to pay the arrears and the future rent to the said Richard and William, making which payment they should be quit of the said rent against the king. On the 16th July, 1338, King Edward III. embarked for Flanders from Orwell, with the intent to make practically good by conquest the theoretical title he had assumed of King of France. Harassed and hampered by lack of funds the king was unable to invade France until the September of the following year. Meanwhile in purse and person William de la Pole had been unwearied on behalf of his royal master, and his zealous services were in part rewarded by five grants which the king made to him at Antwerp on the 15th day of May, 1339, one being a perpetual release from the annual rent of £10 3s. 0d., reserved by Edward out of the manor of Myton for equality of exchange, in the form following : — " For Richard de la Polt.-] iRSfjHP 1 ^ king to all &c greeting: and William de la Pole, hi^Hje&Q Know ye that whereas brother. J " " W e lately granted to our beloved merchants Richard de la Pole and William, his brother, certain lands and tenements in the township (villa) of Myton on Hull, to have and to hold to the same Richard and William and their heirs of us and our heirs, paying yearly to us into our exchequer £10 3s. Od. for ever, and that out of regard for the praiseworthy service performed for us by the aforesaid Richard and William we have since remitted to them the said fee-farm of £10 3s. Od. during the lives of the said Richard and Of the History of the Manor of Myton. 87 William, as in our letters-patent then obtained more fully appears ; We, considering the various labours and expenses which the same Eichard and William have since very often undergone for us, and desiring therfore to do them more abundant favour, have in that respect remitted to the aforesaid Eichard and William and their heirs and for ever quit-claimed for us and our heirs the said fee-farm rent of £10 3s. 0d., and have granted that the same Eichard and William and their heirs may have and hold of us and our heirs the said lands and tenements without any drawback for the service of a rose annually, to be delivered to us at our said exchequer on the Feast of the Nativity of St. John the Baptist for ever ; In witness whereof &c. Witness the King at Antwerp the 15th day of May, 1339" (*°). Henceforth, therefore, the manor was to be enjoyed by the brothers and their successors in title free from any rent to the crown. Sir Eichard de la Pole died 22nd September, 1345. The Inquisition taken after his death has already been alluded to ; but it contains further details respecting the manor of Myton, and notably the statement that Sir Eichard had become the sole owner of the lordship. The enquiry was held at Hull before Thomas de Eokeby, the king's escheator, in 1346, and the jurors, after presenting as to the grange and Manor-House what we have before discussed, the gift of the manor to Sir Eobert Hastang, the grant of the reversion of it to Eichard and William de la Pole in fee at the annual rent of £10 3s. 0d., and the release to them of that rent for their lives, found that " after the death of the same Eobert the said Eichard and William entered into the premises" — this is not consistent with the recital in their deed of partition (page 81 ante) that they had fully satisfied Sir Eobert, who had wholly released the manor to them — " And afterwards the said William released his interest to the said Eichard, who became solely seised thereof. And every bovate of (arable) land is worth with the meadow 10s. by the 49. Pat. Roll, 13 Edw. III., pt. 4, m. 20, Vasoon. 88 Notes Relative to the Manor of My ton. year and no more on account of divers inundations of the Humber thereupon." They further found that Sir Eichard died seised of three bovates of land and meadow in the township of Myton called " Aton fee," and each bovate with the meadow- was worth 10s. a year and no more by reason of the said inunda- tions. " Also that he died seised there of a certain yearly rent of 23s. 4d., by the hands of divers free tenants reserved by deed ; also of rents of four bond tenants worth 42s. 4d. by the year ; also of a certain cottage holden in bondage at the rent of 32s. 6d. ; and also of one windmill worth nothing that year because out of repair and unlet." Then, after enumerating other properties and rents, the jurors conclude — "And all the said lands and tenements, rents, &c, and the said mill (except tenements in Kingston-upon- Hull, and five bovates of land and meadow in Myton, which are holden of our lord the king) are holden of Sir John de Mowbray by service of homage and fealty." This enquiry shows and accounts for a still further decline in the annual value of the lordship. In the forty years preceding the acquisition of it by the great mercantile house of De la Pole Brothers, its revenues had diminished one third. In the further and much shorter period of sixteen years, which had just passed, they had again shrunk by another third ; whilst if we deduct from the total of £11 8s. 2d. given in this Inquisition the 30s. annual value of Aton-fee, as perhaps we ought to do, then the rent-roll of Myton had dwindled to something under £10. Neglect to repair or maintain the Humber bank had resulted in frequent inundations of these low-lying lands, with a heavy con- sequent loss to owner and tenant. The mention of bond tenants, and of a cottage holden in bondage, is the second suggestion we have met (although it may fairly be termed the first, since the earlier one is so faint) of there having been any villeins within the manor ; a question which can be better discussed later, when we shall find them expressly named. It is, however, worth while noting the ex- cessive rents borne by these tenants, and laid upon this cottage. Each bond tenant paid 10s. 7d. yearly, more than the annual Of the History of the Manor of My ton. 89 value of 15 acres of arable land with their accompanying 10 acres of meadow, and equivalent to close upon £8 of modern currency. But the case of the cottage held in bondage seems especially hard ; indeed almost incredible. Its rent would amount to-day to £24 7s. 6d. ; and who could support such a heavy tax upon his industry in a purely agricultural district subject to inunda- tions, and with no labour but that of his own hands and spade ? In fact the magnitude of the amount seems itself the strongest argument we could find against the word " bond " or " bondage " here implying villeinage, since it is preposterous to suppose that such a pecuniary burden, too heavy for a freeman, could be borne by a mere serf. The subject of Aton-fee is involved in obscurity, owing to the scanty nature of the records making it difficult to understand them at this distance of time. Both Domesday Book and the Liber Melse give the total area of the berewick and grange of Myton as ten bovates, or 150 acres of arable land with the meadow and pasturage pertaining thereto. Subsequent documentary evidence so repeatedly confirms this as to leave the quantity apparently beyond doubt ; yet in this Inquisition Aton- fee is certainly mentioned as distinct from the ten bovates which originally formed the lordship. And this particular holding I find again mentioned as a separate property in a grant from Michael de la Pole, second earl of Suffolk, to Edmund de Stafford, bishop of Exeter, and others, dated 1st June, 1408, although its contents are there given as seven bovates, or 105 acres, " setup tern bovatas t're cu' p'tin' in Miton vocat' Atonfe " (B.B. 2 fo. 211J. The matter is rendered more difficult of comprehension by the fact that in Kirkby's Inquest into those knights' fees in Yorkshire which were holden of the king in capite (A.D. 1284-5J, Myton appears as of the fee of De Vesci, and then held entirely by Gilbert de Aton ( 5 °); from which tenure one would assume this name of Aton-fee, or Aton's fee, to have originated, becoming limited to seven or three particular bovates in the manor as a topographical identification (50) "Miton. De fcodo de Vesci j car' terra. Gilbertm de Aton tenet totum. Unde xvj car' terra; faciuntfeod." The editor in his index of places very mistakenly represents Myton as " lost." N.B.— This J car' is practically equivalent to 7 bovates. 90 Notes Relative to the Manor of My ton. of them through causes not now traceable. Yet a proof that this assumption is not correct, and that Aton-fee was additional to what I may term Myton proper, is afforded by a grant from Sir William de la Pole, the great duke of Suffolk, to Sir John Chardelowc, Thomas Hoo, esquire, Eobert Bolton, clerk, Eobert Bolton, esquire, John Bolafre, and many others, dated 25th Oct., 1430, which passed, amongst other hereditaments, ten bovates of land in Myton called King's fee, "decern bovat' t're vocat' Kyngcsfee eu' suis p'tin' in Miton in Coin' Ebor' " (B.B. 2 fo. 261), which I have no doubt were the original ten bovates constituting Myton lord- ship, and so called because acquired from a king and held under his successors ( 51 ). In the same way, however, Aton-fee must have obtained its especial name from having once formed part or all of the fee of Aton ; and I can only surmise that it was the whole or some portion of that accretion of area which Myton gained, as will afterwards be mentioned, subsequently to the change in the course of the river, and the foundation and delimitation of the royal town of Kingston-upon-Hull. Yet how or when part of the fee of any Aton " does not now appear," further than in Kirkby's concise return as to Myton, " Gilbert de Aton holds the whole." It may be remarked here that the difficulties of fixing, except very generally, the limits of the district which a few centuries ago was known as Myton, are insuperable, because so many references to portions of it im- possible to be identified now meet the enquirer. For instance, there occurs in the Cal. Hot. Pat. for 1342 an entry of a judgment against the abbot of Meaux at the suit of the prior of Ferriby, establishing the latter's right of pasture over 200 acres of moor and marsh in Myton, in respect of a free tenement of his in Swanland ( 52 ), which seems indicative of more rights of pasture and a greater area of common lands than are mentioned even in Maud Camin's charter ; whilst so late as 1513 an Inquisition into (51) Yet it is curious that this grant is distinct from a previous one, dated the 20th of the same month, in which Sir William conveys to Chardelowe and the rest "the manor of Myton," and all his lands, tenements, and rents in Myton and elsewhere ;B.B. 2, fo. 260). (52) " Ampla exempHficatio Judicii pro Priore de Feriby versus Abbatem de \felsa pro communia pasture? suae in ducentis acris mora; et marisci in iiitton ut pertinen' ad liberum tenementum suum in Swanland." Cal. Rot. Pat. t 10 Edwd, III., m. 44. Of the History of the Manor of My ton. 91 the properties of Edmund de la Pole, attainted, speaks of "a thousand acres of land in Kingston-upon-Hull and My ton " ( 53 ). It will be noticed that the words vill or township {villa) and manor (manerium) are used indifferently in reference to Lyndeby in the documents connected with the exchange, and also Of the History of the Manor of Myton. 1 1 1 manor of Kingston-upon-Hull, or wherein the lord of the manor, an office held by the De la Poles, resided, although I find no record or trace of any court having been held there. It was not long after the striking instance of royal regard just alluded to, that the son of Eichard's favourite minister embraced the Lancastrian cause, hurrying to join Henry of Bolingbroke immediately upon the latter's landing in England. Casting to the idle winds his plighted oath of fealty to poor Richard of Bordeaux, Sir Michael de la Pole the second made of his lost honor a "stepping-stone to higher things," and for reward was restored to the " name and fame " of earl of Suffolk, with confirmation of all the estates and possessions of his late father. I have had placed at my disposal an original account for one year of the management, subsequently to this grant, of the earl's Hull and Myton properties, a document replete with interest for the general reader as well as for the antiquary or historian. Whilst shewing, so far as these pages are concerned, a notable increase in the annual value of Myton lordship, the account gives us some insight into the way in which the local affairs of the De la Poles were managed during their frequent absences from Hull, and affords valuable information as to the rents of property, amount of wages, and prices of commodities at the time. Nor should the record it contains be without interest for us if only for the reason — which we may esteem without any abatement of our self-respect as citizens — that five centuries almost have passed since this town of ours was so far honored as to be the residence of a peer of the realm. The account alluded to is headed " Compotus of John Waleys ( 60 ), Receiver of the moneys of the lord Michael de la Pole, earl of Suffolk, at Kingston-upon-Hull, from the Feast of St. Martin in the winter in the fourth year of King Henry to the same Feast in the fifth year of the said king ; " i.e. from Martinmas 1402 to Martinmas 1403. It commences with an entry of £29 lis. 6d., the balance paid over by the receiver for the (60) Mayor in 1109 and nil. H2 Notes Relative to the Manor of My ton. previous year, Sir Richard de Kylhom (or Kilham), priest, evidently a trusted servant of the family, and who it may be remembered was the first master of the Charterhouse hospital. Then follows a detailed list of annual rents of assize, payable half-yearly in respect of various lands and messuages in " Marketstrete," Polestrete," " Hullstrete," " Atonlane," " Bisshopesgate," " Kirkelane," Oldebevleystrete," " Mitongate," " Munkgate " ( 01 ), and "without the town's ditches;" the total, inclusive of " £50 out of the fee-farm of the town, granted to his lordship and his lady and the heirs of their bodies as appears by the king's charter to that effect," amounting to £105 8s. 6d. A brief digression may be here pardoned, as it is not clear how the De la Poles became entitled to these especial rents. " Eent of assize " was the ancient term for the small reservation made on the original grants of freehold or copyhold lands, because the rents were assised or settled by the lord of the manor, and could not thereafter be altered. For these rents the lord had his remedy of distress by common right, without reservation or grant of power to distrain ; and, subsequently, they became more generally termed quit-rents, because by payment thereof the tenant went free and quit of all other service. The town of Kingston-upon-Hull was created a manor by King Edward I. shortly after its foundation ; and as the vacant ground within it was taken up for occupation and use, the king as lord of the manor would, for the encouragement and growth of the place, readily make grants of its soil at small and fixed rents in lieu of all other feudal services. Such a policy it is obvious was the only one which could be pursued with any success if it were wished to build up a town in days when the ownership of land meant subjection to military service, or other feudal exactions such as heriots, reliefs, forfeiture, and what-not. As a further inducement (61) These streets are all shown in Frost's sketch of Hull at the commencement of the 11th century, where, however, " Mitongate " appears as " Lylcstreet." They are represented (following the same order) by the modern Lowgate, Market-place, and Queen-street ; Paradise-row ; High-street ; Chapel-lane ; Bowlalley-lane and Bishop-lano ; Posterngate and Church-lane ; Land of Greenginger and Trinity House-lane ; King-street, Fish-street, and Sewer-lane ; Mytongate ; Blanket-row and Blackfriargate. Of tJL History of the Manor of My ton. 113 to liege subjects to settle in the new royal town the grants of land within it were always of freehold tenure, since there are no copy- holds in the manor of Kingston-upon-Hull. Yet one would have thought that when, by his memorable charter of 1331, King Edward III. granted the town to the burgesses, reserving to himself only an annual fee-farm rent of £70 out of its issues and profits, these rents of assize would have formed part of the very issues and profits out of which the £70 annual payment was to be made, and not that they would have belonged, as it seems from this compotus was the fact, to the nominal or honorary lords of the manor of the town of Kingston-upon-Hull, the De la Poles. At any rate we cannot account for their receipt of the same on any other ground than as lords of the manor. Waleys' account then deals with three other classes of rent payable to the earl out of shops, tenements, messuages, cottages, gardens, and inclosures, his own property as landlord either by royal gift, by purchase, or as lord of the manor in the several streets already enumerated, and also in Aldgate (the present Whitefriargate and Silver-street), a name of Anglo-Saxon origin and betokening much antiquity. These are described as rents for term of life, that is reserved on tenancies for the lives of the lessees ; rents for terms of years, which were reserved on leases for years as now generally made ; and rents at will, issuing out of holdings from year to year created by parol and not by deed : the whole amounting to nearly £86 per annum, of which the first class of tenants contributed £14 19s. 6d., the second £27 3s. 0d., and the last £43 15s. Od. Some of these tenancies are of sufficient antiquarian value to bear a brief notice. Amongst those for terms of years are mentioned " two buttes in the hands of the citizens of the town, which lie without the ditches on the northwards of Mitongate, called le Tyelcrre," each butt let to the bailiffs of the town at the annual rent of 6d. These butts were, of course, the place where the townsfolk practised archery, and were provided at the common expense. They appear to have occupied the site of the 114 Notes Relative to the Manor of My ton. De la Pole's disused brickyard, and to be the piece of ground which still bore the name of the Tylery when Leland visited Hul a century and a half later. This use of the ancient tilery seems to support Frost's statement, based upon an entry in B.B. 2 fo. 206, that a new brickyard was established in Hull in 1357 f 62 ). Amongst the tenancies from year to year appear a tenement in " Hullstrete," situate near " le Northfery," and another in the same street called " Aldburghstathe," i.e. the old town staith. This staith was situate at the east or river end of Aldgate. Evidently from its Anglo-Saxon name it was a landing-place of great antiquity ; and no doubt the main or only one in Wyk, the town anterior to the then modern Kingston-upon-Hull. Taken in conjunction with the name of the street of which it was the river end, it seems to affirm conclusively the theory that the two towns were one in situation and continuity. A rent of 3s. 4d. is specified as issuing out of a place called the Salthouse, " de plac' vocat' Salthotis," demised to John Aslagby ; but if this were the same as the residence with a tower, situated in High- street, which Nicholas Putfra devised to his daughter Johanna in 1337, I cannot understand why it is here referred to merely as " a place." The names of two tenants are suggestive of the origin of surnames, vizt. Roger Maltgrynder, and Roger le Cardmaker : and two names, once royal nicknames, arc mentioned, " Longespye " and " Loklond." A feature of our main subject appears in the shape of " an inclosure without the town's ditches called Milnecroft," which is frequently mentioned in the subsequent records of the manor. A paragraph then follows entitled " Issues of the manor," " Exit' man'ii," but whether relating to Myton or the Suffolk palace is not clear, though more probably to the latter. The items are £2 paid " out of the fruits of a garden " to Benedict Gardiner for keeping and planting the (62) Frost makes the extraordinary statement that this new tilery was established " on the west side of the River Humber " ! This is however a misreading of the entry at fo. 201! (not 205 as he gives it) of B.B. 2. The minute is about the lands and ways belonging to the town outside the walls, " and extending from the Westposterne of the town to Lyle-strect and the Humber," and mention is made casually of " un tenement " belonging to Richard de Gretford, in which had then commenced to be built a new tilery, " est ore comencer a edifjeer une novele Tighelertc." Of the History of the Manor of My ton. 1 1 5 same for the earl's use ; 6s. 8d. received for the rent of a dove- cote near the gardener's house, "jux' clomu' Gardinarii," let to the said Benedict ; and 6s. 8d. for another dovecote " near the grange there," let to the wife of Hugh Mapelton. Amongst " freehold rents " appear the large one at that time of £4 13s. 4d. for lands in "Dripole," granted by deed to Simon Grimsby and his heirs in fee, but subject to the earl's right of re-entry for rent unpaid or buildings not repaired ; 40s. for land in "Neulond;" £7 Is. lOd. the fee-farm rent of the manor or vill of Bewholme ; and £44 19s. lid. out of the rents and profits of the manor of Myton, " as appears by the compotus of the said manor for this year." Contrasted with the amount contributed by Bewholme, and with 7s. Id. given as the rents of Bimswell, collected by John del Kychyn the receiver, the rental of Myton is extremely large, and shows that the property had so improved as to have become one of very considerable value. With the growth of the royal borough the adjoining district, or manor, of Myton, including as it did all the country westwards from the town's walls up to the territories of Hessle and Anlaby, had also increased largely in value ; and the descendants of the far-sighted traders who had purchased it were now deriving a considerable revenue from their ancestors' judicious exchange. Probably for purposes of gardening and pasturage it was principally valuable at this period ; but as it was impossible for Kingston-upon-Hull to grow in area except by overflow into the manor of Myton, the acquisition of this particular property was a very shrewd transaction, especially in a day when no finely-spun theories about " the unearned increment " vexed the soul of him who invested his money in the soil of his own country as the wisest use he could make of it. The grand total of all the receipts, inclusive of the balance paid over by Sir Richard de Kylhom, is then given in the rent- roll as £273 lis. 2d., equivalent to rather more than £4000 of modern currency ; a very substantial income, of which the crown had deprived itself for the enrichment of a subject in accordance 1 1 6 Notes Relative to the Manor of Myton. with views then accepted, but which have indirectly resulted in the heavy income tax of present times. And it is difficult here to avoid the reflection how vast would have been the revenues of the State to-day, and how infinitesimal (if at all existent) the burden of taxation, had our ancestors grasped the principle that the monarch was trustee for the nation of the revenues he derived as its head, and held such for the benefit of the community at large without right or power to pervert any portion of them to the aggrandisement of favourites. Surely no actuary could attempt to tell us what would have been the national income in this present year of Grace, had the crown of England at no time in our history parted with an acre of the land or a copper of the rents which came to it by right of sovereignty. Possibly the revenue of the country would then have sufficed for all our national and local purposes without requiring of any citizen a farthing by way of rates or taxes. Indeed the mind loses itself in considering the results which might have been attained had what seems the merest common-sense in the nineteenth century been understood or appreciated in its predecessors. Perhaps, however, as much evil as good would have come of it— qitien sabe t After giving the total amount received the compotus, which is in one long parchment roll, proceeds to detail the various disbursements made by the receiver on the earl's account. The first items include a rent of £7 15s. lOd. paid to Eobert Shakles and Henry Braken, the bailiffs of the town, towards the fee-farm of the town for divers tenements in the earl's hands ; and 5s. paid to " the lord of Cotyngham " for lands in Newland. The small total of 10s. 3d. covers loss of rents through unoccupied properties ; and then follows a list of life- annuities granted by the earl to various persons, some for services rendered, others probably for cash payments, the townsfolk, no doubt, regarding the purchase of an annuity from a De la Pole much as we now do the buying one from government. Amongst these are 13s. 4d. to Simon Grimsby for his good service rendered and to be rendered to the earl ; another of 40s. to him ; and the considerable Of the History of the Manor of My ton. 117 one of £20 to Sir Eobert de Bolton, clerk ( 63 ). An item headed " Fees " comprises 40s. for collecting the rents of Hull and My ton — for thus I read " tarn de My ton q'm de ista villa; " a payment of 2d. a day to Hugh Mapelton for superintending the repairs of houses, and for managing the pastures, agistments, and other profits of the manor of Myton ; 13s. 4d. the fee of Eobert Beuley, apprentice-at-law ( 64 ), "for his advice in the lord's business this year ; " and a like fee to Eichard Tyrwhyt, the steward of the manor of Myton. Some inkling of the mode in which the by no means unimportant affairs of the earl were managed during his necessarily frequent absences from Hull is afforded by the entry of £5 5s. 2d. as paid to Sir Eobert de Bolton, Eobert de Bolton junior, Eichard Tyrwhyt, " and others of the lord's council," for hearing and determining various affairs amongst his servants and superintending divers matters. And the same part of " th' accompt " contains the modest entry of 8d. as paid for " one horse taken by Eobert Mapelton, groom, from Hull to Eimswell for John del Kychyn, and from Hull to * Bewley ' for Eichard Tyrwhyt, for two days, including the expenses of the said Eobert ; " whilst 4d. is debited " for one horse taken to Eimswell against the lord's coming to Hull." Amongst the household expenses 3s. 2d. are charged for two "towelles" and " ij sanapes" (query napkins); and 3s. Id. for two pair " linthia'm" (query sheets). There is also an entry of 6s. 8d. paid to one Eobert Seton for mending glass windows within the lord's manor (i.e. the Suffolk palace), with Is. 3d. for the purchase of half a hundredweight of glass. Thirty shillings (63) This reverend gentleman ia to me an historical puzzle. He appears several times in this account as a man of authority in the earl's affairs, and evidently high in his regard. He was one of the grantees in the deeds mentioned on pp. 89 and 90 ante ; and was also, for some reason 1 cannot fathom, a party to this earl Michael's deed of gift to the Charterhouse hospital in 1408. He is mentioned in the two former deeds, as also in this compotus, in connection with a Robert de Bolton junior, armiger or esquire, presumably a son or nephew ; but beyond his clerical character I cannot discover anything about him. (64) This term "apprentice-at-law" does not imply a student, or a practitioner of small experience. Anciently even the benchers of the Inns of Court were called apprentices of the law, " apprenticii Juris 7iobiliores." Sir Henry Finch in his " Nomotechnia " styles him- self " Apprentice del ley ; " and in Coke's Institutes " apprenticii legis " are called "homines consiliarii in lege periti." n8 Notes Relative to the Manor of Myton. and twopence are charged for two waghe ( 65 ), 8 stones and 10 pounds of lead for the gutters of the palace and certain tenements in Hull. The same portion of the compotus includes also two entries relative to Myton, in the shape of "paid to John Dymelton for his release of half a bovate of land of Swerdlond (i.e. grass-land, from A. S. sweairl) in Myton, and for one other bovate of land there late of Nicholas Berwold, as per agreement made with him (Dymelton) by the lord's council, £13 10s. lid. ; " and "paid to William Bryd {i.e. Bird) for one bovate of land called Swerdlond in Myton, late of the said William, £13 6s. 8d." Finally the total amount of outpayments is stated as £210 3s. 4d. ; and Master John Waleys debits himself with the net balance due to the earl of £63 7s. lOd. I have already alluded (page 89 ante) to the grant made in June, 1408, by this same Sir Michael de la Pole to the bishop of Exeter, Eobert de Bolton, and others of, inter alia, "Atonfe," but the reason or effect of which deed I cannot gather. Yet as shewing some of the possessions of this wealthy family it may be interesting to set out here what lawyers term " the parcels," that is to say the description in the deed of the properties intended to be conveyed. These comprise "our capital messuage with its appurtenances in Kingston-upon-Hull ; our manor of Bimswell with its appurtenances ; and all other our lands and tenements, rents and services, with all reversions of lands held in dower or for terms of lives or years with all their appurtenances in Kingston- upon-Hull, Bewholme, Drypool, Newland, Anlaby, Oustmersk, and (Nottingham ; also seven bovates of land with their appurtenances in Myton called Aton-fee in the county of York ; aud also our manors of Lisle and Bradbury ; and all our lands and tenements, rents and services, in the townships of Bradbury, Preston, &c, in the see of Durham ; and our manor of Westwood with all its appurtenances in the Isle of Axholme in the county of Lincoln." It will thus be seen that the grant was a fairly (66) Wagha or waya (a weigh) was a mediaeval weight-measure of wool, cheese, salt, &c, and, as appears by this account, also of lead, although not so stated in any other authority. As a measure of cheese it ought by the statute 9 Hen. vi., tap. 8 to have contained 256 Iba. averdupoit, but its capacity varied locally. Of the History of the Manor of My ton. 119 extensive one. It was also absolute and unqualified in its purport ; but clearly was no permanent alienation of the estates affected. It would appear that prior to this transaction the earl had already sold a portion of Myton to the monks of the Carthusian priory which his father founded there in 1387 ( a6 ). At fo. 247 of B.B. 2 there is a copy of an indenture dated the 20th day of September, 1402, and made between the prior and convent of the house of St. Michael of the one part, and the mayor and bailiffs of Hull of the other part, anent a certain chantry in the priory, which Edmund de la Pole (the earl's uncle) and divers others had founded for one monk to pray daily for the soul of John Colthorp ( 87 ), deceased, and for the good estate, " salubri statu," of Alice the wife of Thomas Graa of York, and formerly the wife of the defunct John. This pious foundation had been endowed with £20 annual rent ; which rent, the deed recites, had been transferred by the monks to Sir Michael de la Pole, earl of Suffolk, in purchase of " one toft, twenty-five acres and one rood of meadow, and forty-six acres of pasture in Myton adjoining the said town of Kingston-upon-Hull." I also find amongst the deeds relating to the manor a lease from the earl to the mayor, bailiffs, and commonalty of Hull for the long term of a hundred years of property which seems to have been within Myton. The deed bears date the 10th day of August, 1403 ; and the ground demised is described as an inclosure of meadow land underneath the walls of the town on the west side thereof, together with a footpath or alley to the same inclosure belonging and lying between the town's ditch on the east, and an inclosure of Hugh Sleford on the west, the inclosure itself abutting on the water of the Humber towards the south, and upon (66) It has not been thought necessary to mention in detail the two well-known religious foundations made by the first Sir Michael de la Pole in that portion of Myton lord- ship which lay to the north of Kingston-upon-Hull. The Carthusian priory of St, Michael was founded by charter dated 18th February, 1878, in " a messuage with its appurtenances containing seven acres of land, heretofore parcel of the manor of Myton." The Maisondiev —the well-known modern Charterhouse hospital— was established by letters-patent of the 1st March, 1384, " in two messuages in Myton " closely adjoining the priory. The appoint- ment of master, brethren, and sisters of the latter was expressly reserved by the founder to himself and his heirs, " lords of the manor of Myton." (67) Mayor of Hull 1389-90. He died circa 1391. ]20 Notes Relative to the Manor of My ton. the way called " Mitongate alias diet' Lylestrete " towards the north. The lessees agree to pay an annual rent of 6s. 8d., to repair and maintain the walls and ditches within the said inclosure, and its defences against the waters of the Humber, and to keep the earl indemnified against the king and all others in respect of his liability to maintain the same walls and ditches for the safety of the town. The instrument is dated in the Common Hall (Co'e Aula) of the town ; such eminent citizens as Simon Grimsby (described as then mayor, although not so given ,n any of our histories), John Leversege, and John Tutbury, being witnesses. This lease is also interesting as fixing the date when the name Mytongate began to supersede the older term Lyle- street, as a tribute to the growing importance of the lordship into which it was the main approach from the town, and into which it ran for some distance westwards, as is evident, amongst many other proofs, from its being here given as the northern boundary of land outside the walls. On the 18th September, 1415, Earl Michael died of dysentery under the walls of Harfleur ; and upon the 20th October following an Inquisition post mortem (3 Hen. V., No. 48a) was held at Hull before Peter del Hay, the king's escheator, when the jurors said upon oath that Michael de la Pole, the late earl of Suffolk, held at his death seven bovates of land called Aton-fee in Myton, and the advowsons of the priory and hospital there, the said land being held of the king by knight's service. Also that the earl died on Wednesday after the Feast of the Exaltation of the Holy Cross, and Michael was his son and next heir. As " to Amurath an Amurath succeeds," so the second Earl Michael was followed by a third Michael. But ere the latter had entered into full possession of his title or estates he perished in the same campaign, falling gallantly on the glorious field of Agincourt, 25th October, 1415. An . Inquisition p>ost mortem (3 Hen. V., No. 48b) was held on the 27th day of the following December at Wyghton (?), but as the young earl had not formally entered into possession of the estates he had inherited (no doubt this was intended to be done on his return from the French wars), Of the History of the Manor of My ton. 121 the finding of the jurors was mainly confined to what ought to have passed to him as heir-at-law on his father's death, amounting practically to another inquest upon the latter, necessitated by the death of his oldest son. The jurors found that Michael do la Pole, the late earl of Suffolk, on the day of his death, held, with Katherine his wife, ten bovates of land in Myton, and seven bovates there called Aton-fee, with the advowsons of the priory and Maisondieu. That Michael, his eldest son and heir, died on Friday in the Feast of SS. Crispin and Crispinian last, and that William his second son, Michael's brother, was the next heir male. Also that the said last-mentioned Michael had left issue only three daughters, Katherine aged 4 years, Elizabeth aged 3 years, and Isabella aged 6 months. It will be observed that in this last enquiry distinct mention is made of ten bovates of land in Myton, and of seven other bovates there called " Aton-fee." This tends to confirm my previous identification of the former quantity with " King's-fee," and throws enough light upon the subject to enable us to form a satisfactory theory in support of what has already been assumed to have been the case. It would seem, then, that at this time the seigniory or lordship of Myton consisted in all of seventeen bovates, or about 250 acres, of arable land, of the meadows and pastures pertaining thereto and comprising possibly 170 acres more (since in John de Sutton's inquest each bovate was found to include 10 acres of meadow : see p. 78 ante), and of the rents, agistments, and profits of extensive common pastures. Of these seventeen bovates, the ten which had by this time come to be known as " King's-fee " were held of the king in capite, and were the original lordship of Myton, the berewick of Domesday Book, and the very carucate and a half of land of which that member of the manor of Ferriby had consisted at the time of the Norman survey. But in some way and at some period subsequent to the Norman survey but prior to Maud Camin's charter, there had come to be incorporated within the vill or township of Myton other seven bovates which had, at a date beyond which local memory did not run in the fifteenth century, been the fee of a De Aton, 122 Notes Relative to the Manor of My ton. and so become popularly known as " Aton's-fee " to distinguish them from the adjacent King's-fee. In this way the manor of Myton, as possessed and enjoyed by the De la Poles, was the union or.connection of two feudal lordships, the lordship of the holding which came to be known as King's-fee, and the lordship of that which grew to be called " Aton's-fee." According to Frost, who traced back the pedigree of the once noble and local family of De Aton to the earlier part of the twelfth century, a Gilbert de Aton married (temp. John, or Hen. III.) the daughter and heiress of Warine de Vesci ; and their grandson Gilbert, who was living in 1306, must have been the Gilbert de Aton mentioned in Kirkby's Inquest as holding the whole fee of De Vesci in Myton. This fee is stated to have consisted of one carucate which is practically the same as seven bovates, and, thus understood, Kirkby's statement is perfectly intelligible and consistent with the facts. It is clear that the "whole," which he says Gilbert de Aton held, was not the whole of Myton (as I had supposed at page 89 ante), but the whole of the fee of De Vesci within Myton. Again, his statement is not an authority that all Myton lordship was of the fee of De Vesci (as surmised at page 38 ante), but only that one carucate of land situate within the township or district of Myton was of that fee. This view of the subject, irresistibly suggested as the true one by the Inquisition under consideration, also explains partly, though not entirely, the difficulty felt by the writer (and discussed at page 43 ante) as to the fourteen bovates of land stated in Maud Camin's deed to be contained within the vill of Myton. No doubt even at that period the township or district known as Myton included topographically the seven bovates of De Vesci's fee as well as the ten of Maud's own fee, so that the "territory of the vill of Myton " mentioned by her was not limited to ten bovates nor yet to fourteen. Con- sidered, however, in connection with the Meanx register (pp. 54 and 55 ante) the question of the total area and feudal tenure of Myton is by no means easy of solution. It is not so difficult to fix the period when " King's-fee " and " Aton's-fee " came under one proprietorship. Abbot Burton Of the History of the Manor of My ton. 123 summarises the possessions of the abbey of Melsa in Myton at ten bovates ( B8 ) (page 59 ante) ; and this quantity alone is dealt with in the partition of the manor between Richard and William de la Pole, showing clearly that King's-fee only was acquired by the monks of Meaux, by Edward I. when he purchased the manor, and by the brothers De la Pole from Edward III. But on the death of Sir Richard de la Pole, he was found seised of three bovates of land in Myton called Aton-fee, from which it seems clear that his was the hand which "joined house to house and laid field to field," and brought Aton's-fee under the same lord as King's-fee. Katherine de la Pole, daughter of the earl of Stafford and wife of the second Michael de la Pole, survived both her husband and her eldest son, dying in April, 1419. An Inquisition post mortem (7 Hen. v., No. 62) was held after her death at Sculcoates on the 1st day of the following July before William Chancellor, the king's escheator, from which it appears that she had retained a life interest in the manor of Myton, or, as suggested by the finding in the case of her husband, had been jointly seised thereof with him so as to become entitled on his death to the whole by survivorship, a surmise strongly supported by the present inquest. The jurors upon their oath said that Katherine who was wife of Michael de la Pole, late earl of Suffolk, held on the day of her death ten bovates of land with the appurtenances in Myton, a holding there known as Aton-fee, " tenement', &c, in Mitton vocat' Atton- fee," and the advowson of the hospital there called the Maisondieu ; that she died on the 8th day of April then last; and that William de la Pole, then earl of Suffolk, was her son and heir male, and of the age of 22 years " and more." Mindful also of the rights of the third Michael's infant daughters, the jurors concluded by adding their parentage, names, and then ages to their finding. History is silent as to the manner in which these fatherless little girls were deprived of their just inheritance. The two (68) In connection with this subject it may be here stated that the word "acres" at page 45 ante, twenty-flfth line from the top, should be read " bovates," the reference being to the three borates retained by Dame Anor. / 124 Notes Relative to the Manor of My ton. younger were speedily removed from all earthly rights or wrongs by kindly Death, Elizabeth dying in December, 1421, and Isabella seventeen days later, the one aged about 9 years, and the other about 6. But the eldest, Katherine, so named after her grand- mother, great-grandmother, and great-great-grandmother, survived ; the sole heiress and inheritrix of all that should have descended to her late father, "dead on the field of honor," except such lands or tenements, manors or estates, as were held in tail male. In the case of such the late earl's second son William was undoubtedly the legal heir ; but all others should have descended to the eldest son's three daughters as co- parceners, to vest ultimately in Katherine alone as survivor. Certainly it would seem that this should have been the case with the manor of Myton, at least with King's-fee, the grant of which was made by Edward III. to Kichard and William de la Pole and their heirs generally, and not limited to their heirs male (see p. 79 ante). Be this as it may, the actual inheritor of the family estates, as of the title which doubtless was limited to male descendants, was William de la Pole, the afterwards famous duke of Suffolk, greatest and most unfortunate of his illustrious house ; and any claims which the unhappy Katherine might have possessed or urged were conveniently stifled by her forced entry into a convent, some say under an assumed name, at the tender age of 12 years. Of this William the services by land and sea, in court and camp, the rise to high estate and the miserable end, are well-known. His acts and all that he did, are they not written in the book of the chronicles of the kings of England ? I have referred at page 90 ante to his two grants to Sir William Chardelowe, Bobert de Bolton, and others, one on the 20th October, 1430, of the " manor of Myton," the other on the 25th of the same month of " ten bovates in Myton called King's-fee." Precisely like the conveyance made by the second Michael de la Pole (p. 118 ante) these two documents purport to be absolute and unqualified transfers, yet were not final alienations of the estates dealt with. These were, in the former deed, " the manor of Of the History of the Manor of My ton. 125 Courthall in Kingston-upon-Hull, the manors of Myton ( 69 ), Rimswell, and Bewholme, in the county of York, and all lands and tenements, rents and services, liberties, warrens, and chaces with their appurtenances in Kingston-upon-Hull, Myton, Rimswell, Bewholme, Drypool,Newland, Anlaby, Oustmersk, and Cottingham, in the county of York ; the manor of West wood, and all lands and tenements with their appurtenances in Stamford in the county of Lincoln ; the manor of Burley in the county of Northampton ; and all lands and tenements with their appurtenances in Burley in the county of Rutland ; all and singular which said manors, lands, and tenements were late of Michael de la Pole, earl of Suffolk, father of us the present earl, and were in the aforesaid Robert de Bolton, clerk, Robert de Bolton, armiger, and others by the gift and feoffment of the said Michael de la Pole ( 70 )." The second deed relates to " our manors of Blyburgh in the county of Lincoln ; Normanton, Sutton, and Clifton, in the county of Nottingham ; and ten bovates of land called King's-fee with their appurtenances in Myton in the county of York." On Saturday, the 2nd day of May, 1450, the glories and disasters of the duke's life came alike to an end with his barbarous murder in a ship's boat off Dover. The Inquisition post mortem was held at South Cave on the 28th day of August following, when the jurors found that he died seised of Myton manor (meaning, no doubt, the Manor-House), and of one windmill, seven messuages, three tofts, and eighteen bovates of land in Myton and Oustmersk ( 71 ) ; that he died on the 2nd day of May previously ; and that John, then duke of Suffolk, was his next heir, and aged 7 years on the 27th September then last. (69) If, as the context implies, the Manor-House of Myton and not the lordship is meant, this deed is quite reconcilable with the subsequent grant of King's-fee. Otherwise the greater would have included the less, and the second deed woul 1 have been unnecessary and had no operation so far as King's-fee was concerned. (70) This appears to refer to Earl Michael's grant (page USante), but the parcels are not quite identical. (71) Inquisition post mortem. 28 Hen. VI., No. 25. WilVus nup' dux SuffoW. Miton matter'. Miton et > 1 moltttd' ventrip 7 messuag' Oustemerk j i toft et 1 8 bovaC terr' ibi'm. 126 Notes Relative to the Manor of Myton. This finding is not very clear as to Myton, but mention is again made of the windmill as well as of the seven messuages before referred to, but not particularised in the last three preceding inquests. The eighteen bovates appear to be an error, as seventeen was undoubtedly the correct quantity. John- de la Pole, the duke's eldest son, was married whilst still a minor to Elizabeth Plantagenet, sister of the duke of York, afterwards Edward the Fourth. This marriage was the work of his politic and ambitious mother Alice, the dowager duchess of Suffolk, and for a time it repaired the family fortunes. As a first consequence of this most judicious alliance, young De la Pole was restored to his father's rank and title of duke of Suffolk, and given license to enter into full possession and seizin of his estates six months before he attained his majority, by letters-patent from Edward, dated 23rd March, 1463. For five and twenty years he lived a quiet and dignified life in undisturbed enjoyment of his wealth and honours. To his period of ownership seems to belong an unsigned, undated memorandum of the annual value of the Hull and Myton properties of his family, which exists upon a scrap of paper amongst the town's records, and of which the following is a copy : — " The value yerlie of all the landes & tent's of the Due and Duchesse of Suff within the towne of Kyngeston-upon-Hull and the lordeship of Myton beside the fee ferme of the saide towne whereof the saide Due ought not paie herafter apperith In the Merketgate In Polestrete vij" xvnj 8 nij" In Hullestrete In Chapellane In Dentonlane In Whitefreregate In Kyrkelane In Champeneystrete In Monkegate In Mitongate In Fenkelstrete ... . . . xiij" xxiij d ... vij" xviij" ] ... xlix" xvij d ... lx 8 ... xlij s viij" . . . cviij' iiij' 1 ... xiiij 1 xx d ... V s ... lv» . . . xxij" VJ'l ... vij 8 i n A Of the History of the Manor of My ton. 127 In Oldebev'leygate lx s ij d Ivij 8 iiij in xvj 11 p xxix" cvj" xiiij d Ixxij" ix" ix d vj u x"." In ferme of ye pastures w'out the walles of the towne In the value of the lordeship of Miton. Ixxiij 1 ' ix s j d Sm clxxviij x 8 xj Wherof deducte in Bent resolute yerlie x" ix 8 vj d It'm Eent respected yerlie of the Yerlej of Northumbr' (iiij 8 ) and the Maire [ xj" viij d and Com'altie (vij 8 viij d ) It'm vacawn'es yerlie In reparacons In fees & annuitees ...•• Sm of deductons And so the clere value is Wherof the x th parte is I cannot suggest any reason why the account should show the tenth of the net total, unless it were in connection with the payment, voluntary or otherwise, of one of those numerous " benevolences, or free gifts," which Edward IV. so frequently exacted from his wealthy subjects, nor why that tithe is so palpably incorrect ; but we cannot fail to be struck by the marked increase in the annual value of the manor or lordship of Myton, which is given as £73 9s. Id., or an advance of more than fifty per cent, upon the revenue derived from it in 1402. In 1487 the duke's heir, John de la Pole, who had been created earl of Lincoln in regard to his nearness to the throne, fell at Stoke-upon-Trent under the banner of the pseudo-Edward the Sixth, and when the cold and crafty Henry VII. occupied the English throne. This blow proved fatal to the De la Pole family ; although the duke and duchess and their heir had witnessed, unaffected in title or estate, the brief restoration of Henry VI., the usurpation of Eichard Crookback, the defeat and victory of Bosworth field, and the accession of Henry Tudor. An Act of Attainder was immediately passed, declaring forfeit to the crown not only the dead earl's own estates, but also all that he would have inherited had he lived to survive his father. By this 128 Notes Relative to the Manor of Myton. ingenious fraud, worthy of an Empson or a Dudley, and utterly contrary to the common law, the next heir was most effectually impoverished, and the family fortunes ruined well-nigh beyond redemption. Duke John died four years afterwards, and his second son, the ill-fated Edmund de la Pole, inherited the empty title. But in 1493 the royal clemency was extended to him by the cautious and calculating monarch, who in consideration of his being " comen of noble discent," and of his undertaking to pay the substantial sum of £5000, restored to him a portion of the family estates including " manoris londes and tenementis in Kyngeston- upon-Hulle, Mitton, and all londes in Mitton." But at this time King's-fee and Aton-fee, the Manor-House, and all the rents and profits of the lordship of Myton, were in the hands of his royal mother, the widowed duchess of Suffolk, either by way of dower or under some family custom which seems throughout their history to have given the widow of the head of the house of De la Pole the use and enjoyment of the Manor-House and lordship of Myton for the rest of her life. However, with the close of the closing year of the fifteenth century Duchess Elizabeth died (16th Nov., 16 Hen. VII.), and Edmund de la Pole, then known as earl of Suffolk, for he had given up to the crown the title of duke which he was too poor to fitly maintain, entered into possession. Yet he was not destined long to enjoy the scanty portion of the family estates which he had wrung from the crown. Falling three years later into the meshes of his cruel and unscrupulous king he, too, was attainted of treason, his property forfeited, and himself imprisoned in the Tower of London ; a dismal captivity only terminating with his death on the scaffold in April, 1513. Upon the 1st of December following an Inquisition was held at Hull before Edmund Eedall, or Eiddell, mayor of the town, and as such the king's escheator, for the purpose of informing Henry as to the value and extent of the forfeited possessions of the dead earl. The finding of the jurors as embodied in the mayor's certificate set out that Edmund de la Pole, earl of Suffolk, for high treason forfeited his lands to Henry the Seventb, Of the History of the Manor of Myton. 129 being thereof convicted on the 25th January, in the 19th Hen. VII., at which time Elizabeth, late duchess of Suffolk, was possessed of the said lands for the term of her life. Thai the said duchess died Nov. 16th, 16 Hen. VII., whereupon all the said lands belonged to the king by vitrue of the Act of Attainder. As to the extent of the lands in Hull and Myton the jurors found that "the Lands, &c, which Elizabeth, late Duchess of Suffolk, possessed for the term of her life of and in the Manors and Lordships of Kingston-upon-Hull and Myton, and also of and in the head Messuage with Buildings and Garden called the Hall Garth in Kingston-upon-Hull aforesaid," were " an hundred messuages, a thousand acres of Land, three hundred acres of meadow and pasture, ana five pounds in quit rents, in Kingston- upon-Hull and Myton aforesaid ; and a Mansion or Messuage, with an hundred acres of land and two hundred acres of pasture and meadow lying together, commonly called Tupcoates, which were members appertaining to the aforesaid Lordship and Manor of Myton ; " and they declared the annual value of all the local property of the De la Poles which became forfeited to Henry VII. on the said earl's attainder, to be the considerable sum of £145 13s. lOd. ( 72 ). Here our history bids adieu to the De la Poles. The unhappy Edmund was the last of their line to be lord of the manor of Myton; and its next possessor was Sir William Sydney ( 73 ), one of the squires of the body to King Henry VIII. , a brave soldier, an adroit courtier, and evidently a royal favorite, to whom in (72) The quantities of land given in this certificate seem greatly exaggerated, but why so one cannot imagine. A thousand acres of land in Hull and Myton are equivalent to nearly 67 bovates ; whilst the hundred acres of arable land given as the area of Tupcoates represents that portion of Myton as being almost as large as King's-fee, besides which its accompanying quantity of 200 acres of meadow land is out of all proportion. (78) Sir William Sydney was lineally descended from a knight of the same name who came from Anjou with Henry II. He was both steward and chamberlain to Henry VIII., for whom he did knightly service both by land and sea, being also one of the chief commanders on Flodden field. He was paternal grandfather of the illustrious Sir Philip Sydney, whose noble self-devotion at Zutphen placed him high on the roll of heroes, and who is thus slightly connected with Hull. Another grandson was made earl of Leicester by James I. The State Papers give some interesting glimpses into Sir William's life. 3 Hen. 8 he had license with another to export 2000 sacks of wool : 5 Hen. 8 he was joint captain of the ship of war ' The Oreat Barke," 400 tons, at Is. 6d. a day : 6 Hen. 8 he was " a little crazed with ague : " and II Hen. 8 he was in attendance on his royal master at the field of the Cloth of Gold. 130 Notes Relative to the Manor of My ton. 1513 in recognition of his many services, especially at the battle of Flodden, the king gave the manors of Kingston-upon-Hull and Myton in tail male by letters patent of which the following is a concise translation. jENBY, by the Grace of God king of England and France and lord of Ireland, to all to whom these presents shall come greeting : Know ye that we of our special grace, sure knowledge, and own motion, have given and granted and hereby give and grant unto our well-beloved Sir William Sydney, knight, our lordship or manor of Kingston- upon-Hull with the appurtenances thereto belonging within the county of the said town ; also our lordship or manor of Myton with its appurtenances in the same county ; also all other the lands and tenements, rents, reversions, possessions, and inheritances whatsoever with their appurtenances late belonging to Edmund de la Pole within our said town of Kingston-upon- Hull or otherwise within our counties of the said town or of York, and which lordships, manors, and premises with their appurtenances came to the hands of Henry VII., late king of England, under the forfeiture and attainder of the aforesaid Edmund de la Pole, and the which by the death of our late father are now in our own hands ; together with all knight's fees, advowsons of churches, parsonages, abbies and priories, waters, fisheries, mills, parks, warrens, leases, franchises, liberties, privileges, forfeitures, commodities, and advantages whatsoever to all or any of them belonging : to hold the same to the said Sir William Sydney and the heirs male of his body lawfully begotten, in like manner and form in all respects as the said Edmund de la Pole, or any other for him, possessed, exercised, enjoyed or occupied the same before the aforesaid forfeiture, with all profits, &c, from the 29th day of September in the 4th year of our reign up to this day, of us and our heirs by faithfulness only for all manner of services whatsoever : Dated at Westminster the 22nd day of March in the fourth year of our reign." A quarter of a century later, vizt., in 1538, Henry re-acquired Of the History of the Manor of My ton. 131 from Sir William Sydney by exchange the said manors and hereditaments, desiring to have the full feudal lordship of the town so as to strengthen and increase its defences with a view of making the port practically impregnable ( 74 ). Prior to and for the purposes of this exchange a careful survey was made as usual on each side so as to ascertain precisely the natures and annual values of the properties intended to be respectively disponed. That made for the king of Sir William Sydney's property was carried out by Leonard Beck with or Bekwith ( 7S ), receiver in Yorkshire of the Court of Augmentations ( 76 ), and the result was a most exact and exhaustive terrier of the local possessions theretofore of the great house of De la Pole but then of Sir William, a return which amply attests the industry and ability of its compiler. The original was filed in the Court of Augmentations, but a copy of it, certified under the great seal of Queen Elizabeth on the 12th June, 1601, is still preserved amongst the archives of the town. This most interesting document is the source from which Tickell obtained the full particulars he gives of the Suffolk palace at p. 39 of his " History of Hull." It is headed (in Latin) " Elizabeth, by the Grace of God, &c, greeting : We have examined certain particulars of survey on an exchange between our late lord King Henry the Eighth and William Sydney, knight, taken by Leonard Bekwith of all the manors, lands and tenements in the town of Kingston- (74) Gent gives this date as 1539, and says that " about this time the king purchased of Sit William Sydney the forfeited manors, &c." Hadley makes it 1540 ; and Sheahan, equally inexact, gives 1514 as the date of the king's grant to Sydney, adding in the same paragraph that " the king became again lord of these manors, but by what means, whether by purchase, exchange, or seizure, does not appear." On the contrary it is perfectly clear from Beckwith's certificate that Henry took them by exchange in or about August, 1538. (75) He was also particular receiver of the lands of the suppressed monasteries in Yorkshire, and was evidently a faithful and loyal servant of the crown. At the time of the Pilgrimage of Grace he was serving the king at his own cost with six men-at-arms, and Aske made more than one attempt to capture or corrupt him. In 32 Hen. 8 Sir Robert Sadler, donee of the site and property of Selby abbey, obtained a license to alienate to Beckwith the site of the abbey, with the little park, " ter' vocal" It Little Pare," containing about 10 acres, and the abbey grange or manor with its appurtenant arable and pasture land. In 1549 he was " Sir " Leonard Beckwith, and was a paid member of the great Council of the North, commissioned to keep the king's peace in the northern counties, and directed to hold its sessions in Hull amongst other places. (76) This court was constituted in 1536 to manage the revenues expected to be derived from the suppressed religious houses ; but their lands were so profusely granted away that the court quickly became a nullity and was abolished. 132 Notes Relative to the Manor of Myton. upon-Hull belonging to the said Sir "William Sydney in the thirteenth year of the said King Henry the Eighth, as appears by the record thereof in the court of augmentation of the revenues of the king's crown, and which said particulars are in the words following : — ' A Cebtificate upon the survey made by me Leonard Bekwyth ( 77 ) the xiij day of August in the 30th yere of the reigne of King Henry the Eight, by the grace of God kyng of England and of Fraunce, Defendour of the Fayth, lord of Irland, and in erth sup'me hed of the Cherche of England ( 78 ), of all the manors lands tenements possessions &c perteynyng to Syr Will'm Sydney, knight, lyeng and beyng in the towne of Kyngeston-upon-Hull, and of the maners of Tupcotes wyth Myton in the countye of Kyngeston-upon-Hull, and of the sexte parte of the maner of Sutton in Holdernesse in the countye of Yorke, as hereafter enseuyth.' " Then follow very full particulars of all the properties surveyed, but inasmuch as those relating to Myton are given under the title " The manor of Tupcotes with Myton," they will be better discussed under that head of our subject. The total annual value of the lordship of Myton or, as Beckwith puts it, the " S'm' to' lis of all the sayd rentes of Tupcotes and Myton," is given as £112 15s. 7d., and the gross yearly income from all the manors, lands and rents included in the survey is stated to be £228 Is. 5d. ; " oute of whiche " were (77) Of very recent years a doctrine has been taught us in Hull that our sheriff is in some especial and mysterious manner the direct representative of Her Majesty, and that his brow is consequently encircled with something of a diadem, wherefore much honor and worship should be his due. I confess my ignorance of the foundation for this article of belief, which is sufficiently contradicted by the fact that the mayor has precedence as chief magistrate over the sheriff, but would not have over the sovereign if personally present. Again some light is thrown upon the subject by the further fact that in times past the local sheriff never seems to have been employed as surveyor or escheator for the crown, as he would assuredly have been if regarded as the monarch's direct agent or representative. Anciently chosen in the county court by the suffrages of the people, the sheriff was the vicecomes, the deputy or minister of the earl of the county, and as such the discharger of those duties and the carrier-out of those royal and other mandates which the earl was bound to perform. As the shire-reve (Saxon Scire-gere/a), he was the reve, greve, or bailiff of the county as a sort of very large franchise. Although to-day a sheriff is the chief officer of the erown in his county, and as keeper of the queen's peace the first man therein, he does not appear to occupy quite so exalted a position in a borough-county, where he is over- shadowed by the mayor. At his best, however, he is an officer not a representative of the crown, like any other official in the queen's military or civil service. (78) This title was formally assumed by Henry under the authority of parliament in 1535. Of the History of the Manor of Myton. 133 deducted (for there seems to be hardly any income known to civilized man which is free from payments to some other income) certain outpayments, including 15s. to " Saynt Mary cherche for the tythes of the west yng wythin the lordship of Myton," amounting altogether to £13 19s. Od. "And so the clere yerely valewe of all and syng'lar the sayd maners, landes and ten'ts and other the p'mysses is, over and above the said mansion ( 70 ) and place, ccxiv" ij 8 v d ." From the date of this survey until the closing years of the following reign the lordship of Myton remained the property of the crown, and the court held within it at Tupcotes, as will be seen in our next division or chapter, was described as the king's court. In some way, which we can better enquire into shortly, a change had taken place in the district by the estab- lishment of a court at Tupcotes or Tupcoates, and the creation, so to speak, of a manor within the manor, an imperium in imperio. In 1552 Edward VI., by charter bearing date at Westminster the 29th day of March, in the sixth year of his reign, gave to the town all the whilom possessions of the De la Poles which his royal father had granted to and purchased back from Sir William Sydney. The wording of this document (which is set out in extenso at pp. 70-79 of the writer's " History of the Charterhouse ") so far as it relates to Myton is worthy of notice, since the district granted is described by words capable of being read as not including the entire lordship of Myton. " In consideration of the good, true, faithful and acceptable service as well for us as our progenitors, kings of England, by the inhabitants of our town of Kingston-upon-Hull done and bestowed," the king gives and grants to the mayor and burgesses of the town (inter alia) " all that our manor of Tupeotts with Myton with its rights members and appurtenances in the county of the town of Kingston-upon-Hull, and late parcel of the lands, possessions or revenues of William Sydney, knight, heretofore being : And all and singular messuages, lands, mills, meadows, woods, reversions, (79) Alluding to the Suffolk palace in Lowgate, then called the " Hall Garth.' 134 Notes Relative to the Manor of My ton. rents as well of free as of customary tenants, fishings, rivers, pools, lakes, moors, marshes, fairs, tolls, native men and native women and villeins with their children, courts-leet, view of frank-pledge and all that to view of frank-pledge belong, privileges, profits, &c, &c, situate, lying and being in Tupcotts, Myton, Lymekylne, and Myton Carr, in our said county of the town of Kingston-upon-Hull, to the said manors of (inter alia) Tupcotts with Myton in any manner belonging ; to have hold and enjoy the aforesaid manors of {inter alia) Tupcotts with Myton, and all and singular other the premises, to the proper use and behoof of them the mayor and burgesses of the said town of Kingston-upon-Hull and then- successors forever, to be held of us, our heirs and successors, in free burgage of the said town of Kingston-upon-Hull, yielding to us, our heirs and successors, of and for the aforesaid manor of Tupcotts with Myton, £47 6s. 3d. of lawful money of England at our Court of Augmentations and Eevenues of our crown, at the feast of St. Peter ad Vincula and the Purification of the Blessed Virgin Mary every year, for all other rents, services and demands whatsoever." The properties granted, namely " Tupcotts with Myton," the manor of Kingston-upon-Hull, and the sixth part of the manor of Sutton, are stated in this charter to have been then recently extended at the clear yearly value of £81 13s. 9d., and in order that the crown might not lose any revenue by the transaction a sum that ought to have been exactly equivalent, but which by some strange blunder was a few shillings and pence short, was reserved out of the gift by way of rent-charge and thus apportioned; £13 Os. 4d. out of the manor of Kingston-upon-Hull, £21 3s. 6d. out of the sixth part of the manor of Sutton, and £47 6s. 3d. out of Tupcotts with Myton, the last evidently being much the most valuable property. Comparing this extent with Beckwith's it is difficult to account for the extraordinary decline in the net annual value of the manors in question, from £214 2s. 5d. in 1538 to £81 13s. 9d. in 1552 — a fall of more than sixty per cent, in fourteen years ! We know that men's heads sat more firmly on their shoulders under Of the History of the Manor of My ton. 135 the sceptre of the gentle Edward than they had done in his father's days, and are forced to conclude that for the purpose of minimising the value of the boon in the eyes of the royal advisers, or of obtaining an unconscionable bargain, the mayor and aldermen of that day hoodwinked the king's escheator, perhaps a nominee of their own, or blinded his eyes with a bribe, none of the parties having before them the fear of that short, sharp shrift which bluff King Hal would have dealt to man or woman who had so deceived him. To my mind, indeed, these two valuations are a most significant comment upon the popular appreciation of the widely-different characters of the two monarchs. And what makes the matter the more glaring on the part of the mayor and aldermen is the fact that Queen Elizabeth's exemplification of Beckwith's report (showing so much larger an annual value) was issued to them in 1601 upon their special request, at which later date, consequently, they still regarded it as authoritative and valuable. Here, in a sense it may be said, the history of the manor of Myton comes to an end. Henceforth the term "manor of Myton " is superseded (if we are to regard the two as identical) by the expression " manor of Tupcoates with Myton," which latter it was that Edward VI. gave to the mayor and burgesses, in whose hands it remains at the present day. By permission of the Property Committee of the Corporation I have had an opportunity of perusing the earlier court-rolls of the manor, and so obtaining material for the next division of the subject. But concerning that division, and this which now closes, I must quote Chaucer's lines — For my wordes here and every parte I speke hem all under correcion. There remain, however, a few words by way of appendix or addendum, which may be more conveniently inserted here than put at the end of the book as, perhaps, more usual. And first as to the use of the terms manor and villa or vill, upon which I have laid some stress, and in fuller explanation of each, especially in the case of the former as a seigniory or lordship over a district 136 Notes Relative to the Manor of My ton. apart from the ownership of its soil, I may with advantage quote from the authorities collected in Blount's "Law-Dictionary" of 1717. Under the word "manor" he proceeds, "As touching its Original, which was after the Conquest ; vizt., There was a certain Compass of Ground granted by the King to some Baron, or such-like Man of Worth, for him and his Heirs to dwell upon, and to exercise some Jurisdiction, more or less, within that Circuit, as he thought good to grant, performing such Service and paying such yearly Bent for the same, as he by his Grant required ; and that afterwards this great Man parcelled his land to other meaner Men, enjoining them again such Services and Bents as he thought good : And by that Means as he became Tenant to the King, so the Inferiors became Tenants to him : " and adds " in these Days, a Manor rather signifies the Jurisdiction and Boyalty incorporeal, than the Land or Scite : For a Man may have a Manor in Gross, that is, the Bight and Interest of a Court Baron, with the Perquisites, and another enjoy every Foot of the land belonging to it. A Manor may be compounded of divers Things ; as, of an House, Arable Land, Pasture, Meadow, Wood, Bent, and such like." Of " Vill (Villa)" he says that it "is sometimes taken for a Manor, and sometimes for a Parish, or part of it. Vill and Parish shall be intended all one, yet there may be two Vills in one Parish. And Fortescuc writes, that the Boundaries of Villages is not by Houses, Streets, or Walls, but by a large Circuit of Ground, within which there may be several Hamlets, Waters, Woods and wast Ground. Fleta likewise mentions the Difference between a Mansion, a Village, and a Manor, viz., a Mansion may be of one or more Houses, but it must be but one Dwelling-place, and none near it ; for if other Houses are contiguous, then 'tis a Village ; a Manor may consist of several Villages, or of one alone." Whoever has paid me the compliment of perusing these pages will have gathered that I fully share the views first promulgated by Mr. Charles Frost as to the existence of a town, port, or waterside hamlet at the mouth of Hull river long anterior to the days of Edward I., whose foundation of Kingston-upon-Hull was Of the History of the Manor of Myton. 137 an adaptation of existing material, as Frost has proved, and not the creation of a brand new town, as our other historians were content to assume. Amongst the cloud of witnesses in favour of the former hypothesis Mr Frost has noticed at p. 95 of his admirable work the striking Compotus of William de Wroteham, which gives the very large sum of £344 14s. 4|d. as the quinzime, or tax of the fifteenth part of the proceeds, of Hull for the two years 1203-5, a return only possible on the basis of a considerable business being then carried on at the port. Another piece of evidence of some weight has come to light since Frost's day in the shape of a grant of free-burgage ( 80 ), evidently made to the inhabitants of Wyk or Hull, by Walter Gray, archbishop of York from 1215 to 1255, extracted from his register and published recently by the Surtees Society. The grant is to " our burgesses dwelling in the town upon Humber, that each of them shall have burgage of eighty feet in width and a hundred and sixty feet in length," at the annual rent of 4d., with " the same liberties that our burgesses of Beverley enjoy ; " and the learned editor, Canon Eaine, remarks " the ' burgus super Humbre' is what became afterwards Kingston-upon-Hull. This is a very curious chapter in the history of the place." Possibly the gift was ultra vires on the part of the archbishop, an usurpation of an authority he never possessed over Wyk, however much he could exercise it in Beverley ; but on Canon Baine's authority that the town which existed at Hull mouth prior to Kingston-upon-Hull was intended to be benefitted, it is worth while giving for the first time in a local work the full text of the charter as enrolled in the archbishop's registry. "1239. Scroby 3 nonas Junii xxiiij. Omnibus, &c, Noveritis 110s concessisse et prcesenti carta nostra confirmassc burgensibus nostris in burgo super Hilmbre commorantibus quod quilibet eorum habeat burgagium de latitudine quater viginti pedum et de longitudine octies viginti pedum in libero burgagio reddendo inde (80) Burgage was a tenure proper to boroughs, whereby in consideration of a fixed annual payment the houseowner went quit of all other services to his feudal lord. Ducange defines it as " a certain and annual tax which a burgess or dweller in a borough pays to the lord of the same for his dwelling or tenement in the town." 138 Notes Relative to the Manor of My ton. annuatim nobis et successoribus nostris quatuor denarios medietatem ad Pentecosten et aliam medietatem ad festum Sancti Martini in Ryemi : Concessimus etiam eisdem burgensibus eandem libertatem quam burgenses nostri de Bevcrlc dinoscuntur de nobis et predecessoribus nostris liabere in quantum nostra potestas permittct : Et tit hcec nostra concessio et confirmatio rata et stabilis permaneat in posterum prasens scriptum sigilli nostri munimine roboravimus : Testibus Magistro Sewal de Bovill, canonico Ebor', Galfrido de Bocland, canonico Beverle, Petro de Fikelden, capellano, Domino Willelmo de Wydindon, senescallo nostro, Odone de Bichem', Reginald' de Stoiva, clericis, et aliis." I hesitate, I can hardly say why, to accept this deed as genuine ; hut if it be authentic it is indeed a most interesting and valuable as well as curious contribution to the history of our town. It demonstrates that one archbishop of York at least claimed to have the feudal lordship of Wyk-upon-Hull, and that in the early part of the thirteenth century it was of sufficient size and importance to be recognized as a burg or borough, a name which, according to Verstegan, " signifies a town having a wall or some kind of enclosure about it." My principal object in quoting it here is because it seems so strongly to corroborate Frost's 1||iews ( 81 ). Since page 80 ante was in type I have had the opportunity of examining and perusing the original deed of partition of Myton manor between the brothers Eichard and 'William de la Pole, which proved to be one of a bundle of deeds labelled generally as relating to Myton. It is indented, that is to say it was engrossed in duplicate, one part for each brother, upon one piece of parch- ment, and then divided by a waved or toothed line cut through written characters. To the part retained by Eichard de la Pole the seal of William was affixed, and Eichard's seal was attached to the part kept by William. By some person or persons " more curious than devout " the seal has been cut away from that part (81) In Mr. Boyle's " Lost Towns of the Humber " he mentions that Archbishop Rornanus in 1291 ordered a special effort to be made on behalf of the crusade, when a preaching friar was sent from Beverley to " le Wyk," as one of the centres to be roused Into activity. Of the History of the Manor of My ton. 139 of the indenture which still exists amongst the archives of the town, so that it is impossible to say to which brother it originally belonged. The two parts, however, would be in identical terms, and the full translation following amply attests the accuracy of Mr. Wildridge's note. jHIS is the partition made between Eichard de la Pole of the one part, and William de la Pole his brother of the other part, on Wednesday next after the Feast of St. Peter ad Vincula in the eighth year of the reign of King Edward the third after the conquest, Of the manor of My ton nigh Kingston-upon-Hull with its appurtenances which the said Eichard and William hold to them and their heirs of the gift and feoffment of our said lord the king in exchange for the moiety of the township of Lyndeby in the county of Nottingham ; namely The said William hath granted and confirmed to the said Eichard his brother for his part five bovates of arable land, with the meadows to the same bovates belonging, which were heretofore in the hands of divers men of the said town of Kingston under lease from Sir Eobert Hastang, knight, formerly keeper of the said manor ; and a certain windmill upon Humber water; and also a certain place of meadow-land (" quamdam placeam prati") called the Crooked- cote dale, and a certain other place of meadow-land called the Sevenstangs ; with one half of all the pastures and agistments to the said manor in anywise belonging ; To have and to hold the aforesaid five bovates of land with the meadows thereto belonging, windmill, places of meadow-land, moiety of pastures and agistments, to the aforesaid Eichard his heirs and assigns of the chief lords of the fees by a moiety of the rents and services which ought to be rendered for the said manor for ever, and so that in respect thereto neither the said William nor his heirs shall in future have any right or claim whatsoever against the said Eichard or his heirs : And the aforesaid Eichard hath granted and confirmed to the said William his brother for his part the whole site of the manor (i.e. of the Manor-House) of Myton aforesaid, together with the houses 140 Notes Relative to the Manor of My ton. • and buildings thereon, and together with all places and profits within the walls of the same manor, and all meadows to the same manor adjoining ; and also five bovates of arable land, with the meadows to the same bovates belonging, which were lately in the hands of the said Eichard and William under lease from the said Sir Eobert ; and also all tenements and cottages of the said manor of Myton, with their services and rents ; with one half of all the pastures and agistments to the said manor in anywise belonging ; To have and to hold the aforesaid site of the manor with the houses and buildings thereon, and all places and profits within the walls thereof, and the said five bovates of land with the meadows thereto belonging which were lately in the hands of the said Eichard and William under lease from the said Sir Eobert as above written, with the meadows adjoining the manor, and all the said tenements and cottages of the said manor of Myton with their rents and services, and the said moiety of pastures and agistments, to the aforesaid William his heirs and assigns of the chief lords of the fees by a moiety of the rents and services which ought to be rendered for the said manor for ever, and so that in respect thereto neither the said Eichard nor his heirs shall in future have any right or claim whatsoever against the said William or his heirs : In witness whereof the said William hath set his seal to one part of this chirograph writing (" sc'pti cirographati") intended to be retained by the said Eichard, and the said Eichard hath set his seal to another true part remaining with the said William : These being witnesses, Hugh le Taverner, mayor of the said town of Kingston, William de Birkyn and Walter le Taverner, bailiffs of the said town, John de Barton and Eobert de Lichfield, burgesses of the same town, Thomas of Cottingham, Hugh Bodel of Myton, and others. Given at Myton on the day and year above written." This document is interesting as one of the very few which we find executed at Myton, probably within the great hall of the Manor-House, where the two brothers, then living realities but to us only historical memories, would be present, with the scrivener Of the History of the Manor of My ton. 141 and the invited witnesses standing round the table. For more than half a thousand years the silent memorial of this important transaction has existed amongst our local records, during which period art and commerce and civilization have advanced by leaps and bounds, and the town of Kingston-upon-Hull has swallowed up the manor of Myton, and still grows in numbers and importance. Yet never since has she boasted two such sons as those who on the 3rd day of August, 1334, set their seals to this "chirograph writing," never since has she produced or nurtured two such merchant princes, and it may be she never will again. It is important to note here that had there actually been any villeins resident within the manor and passing from hand to hand with it, they would assuredly have been expressly mentioned in this partition of the lordship. Sufficient has been said in the foregoing pages to show that one very especial feature in connection with the manor or lordship of Myton was its defence along its southern boundary against the waters of the Humber. In the 14th century the whole country on the north bank of the Humber was subject to severe and continued inundations ; and the annals of our Plantagenet kings record the constant efforts of the inhabitants (in the cases of Kavenser, Tharlesthorpe, Frismersk, 4c., in vain) to protect themselves and their homesteads against this enemy. As regards Myton some interesting information is supplied by Dugdale who seems to have made an exhaustive inquiry into the subject, the results of which are to be found in bis " History of Imbanking and Draining." In 7 Edward II. the king directed his precept to Eobert de Sandale, then governor of Hull and keeper of the manor of Myton, requiring him to take £40 out of the farm of the town and issues of the manor and employ the same in the repair of the banks and ditches upon the rivers Humber and Hull, according to the directions of Eichard de Gretford and other honest men of the town. Two years later De Sandale, in connection with John del Isle and John de Doncaster, was directed to view and repair the 142 Notes Relative to the Manor of My ton. banks, ditches, &c, for the safety of the manor of Myton, the same having been forcibly and riotously broken in the night-time by Gerard de Usflete, Eichard of Anlaby, Balph Nevil, and others ; and to enquire as to that misdemeanour. And a like commission was granted, 10 Edward II., to Eobert de Hastang, Alexander of Cave, and Eobert of Hedon to inquire into another breach of the banks of Myton by Loretta, widow of John de Usflete, John her son, Gerard de Usflete, and others. It is difficult to conceive what object the Usflete family had in view in these two attacks upon the water defences of Myton. We cannot possibly regard them as merely acts of wanton mischief or maliciousness ; but even if made under colour of some title to the manor or a part of it, and as evidences of ownership, such attempts to destroy or grievously damage the lands and pastures within the lordship were, to say the least of them, extremely illogical ( 82 ). In 30 Edward III. complaint was made to the crown that the tides in the Humber and the Hull then flowed four feet higher than they had been wont to do, by reason whereof the common roadway from Hull to Anlaby and the lands and pastures lying between those places were frequently inundated and damaged. The complainants recommended that the roadway should be raised a corresponding height, that the ancient ditch extending from Anlaby to Anlaby Carr should be cleansed and widened twelve feet, and that it should be continued in a new ditch of twenty- four feet in width through Myton Carr to the town of Hull, where of course it could empty itself into the town's moat ; and Thomas Ughtred and others were appointed commissioners by letters- patent dated 10th May, 1356, to carry out these suggestions. Dugdale also gives the result of an enquiry under a writ of ad quod damnum which concerned Myton lordship and the (82) I am led to believe that this family had or imagined some special rights within the manor or in connection with its water defences, because, about a century afterwards, we find them owners of meadow and pasture lands within Myton adjacent to the west wall of Hull. Upon a suit in the King's Bench, 18 Hen. 4, the jurors presented that there was a certain water-course coming from the Spring-head in the fields of Anlaby by Warlingham dyke unto the town of Kingston-upon-Hull, which was so stopped up at the gate of that town towards Anlaby as to overflow the meadows and pastures of Gerard de Usflete and the towns of Anlaby, Swanland, Hessle, and Ferriby, to the common damage of all those hamlets ; which water-course ought to be scoured by the town of Kingston-upon-Hull, but was not. Of the History of the Manor of My ton. 143 effectual draining thereof, in 3 Henry IV. The jurors presented that it would be no damage to the king or any other if a new ditch or sewer were made in the meadows and pastures of Anlaby, twelve feet in breadth and five feet in depth, from Julian's well in the fields of Anlaby to the Wold Carr of Swanland, and thence descending unto the dyke in Myton Carr, going by the same dyke along the north side of Myton Carr to a certain new ditch near the roadway leading from Hull to Beverley, thence descending to the ditch called the Town dyke under the walls of Kingston-upon-Hull, and so to the gate of that town. They advised that a " substantial stop " (or gates) should be made to keep back the salt water at the end of the ditch between Wold Carr and Myton Carr ( 83 ), with other stops wherever necessary, and that all such stops should for ever thereafter be repaired by the mayor, bailiffs and commonalty of Hull without cavil or hindrance. The new ditch or sewer was to be called " Julian dyke," and by its means the town of Hull was to be supplied with the fresh water from Julian's wells, and from other wells in Dernyngham Ings in Anlaby, and elsewhere in Anlaby and Haltemprice ; invaluable sources of supply, the unused waters of which had, I gather, up to this time run to waste, overflowing their immediate neighbourhoods, and finding their way ultimately into the Humber. Some light on the question of villeinage within the manor of Myton is thrown by the entry of the accounts of Eichard Oysel and Edward de Ebor, the first and third custodians of the lordship, upon the great roll of the Pipe. The former accounts for the sum of 8s. lid. as the rents of the cotarii (or cottagers) of Myton (circa 35 Edward I.), and the latter for rents of assize of cotarii of Myton (6 Edward II.) ; the term rents of assize being inconsistent with rents of villeins, and the form of account leading to a very strong inference that the only inhabitants in Myton were a few cottagers holding at fixed rents. It is somewhat curious that Oysel also accounts for 106s. 8d. as the (83) The modern representative of this ancient water-course appears on the Ordnance Survey of Hull as " Gaily Clough Drain." 144 Notes Relative to the Manor of My ton. farm of a watermill at rent in My ton. This may have been an ancient mill, although the silence of Maud Camin's charter on the point is strongly negative. Most likely it was erected by Edward I., and let to a yearly tenant at a substantial rent. It would, doubtless, have a good custom from the growing town of Kingston-upon-Hull ; and very probably was the forerunner of the subsequent windmill " upon the water of the Humber." IV. OF THE (SO-TERMED) MANOR OF TUPCOATES-WITH-MYTON. \ IV. OF THE (SO-TERMED) MANOR OF TUPCOATES-W1TH-MYTON. S we have seen (p. 6 ante) it was of the very essence of a manor that it should comprise a court-baron, or, to put it conversely, a court-baron was by law incident to every manor and could not be severed from it ; and it was vital to the existence of such a court that there should be two suitors at least. It is impossible now to say with certainty whether or not the district of Myton was a manor in this sense when it was entered in Domesday Book by the Norman commissioners as a berewick of the manor of Ferriby. Whilst a berewick is generally understood, from its original A.S. meaning of a corn- farm, to have been only a farm, grange, or hamlet belonging to a manor and lying within or without the confines of the lordship (" sen vel in confinio vel disjunctus "), the learned Spelman seems to attach a greater significance to the word in his definition of it as " Manerium minus ad majus pertinens " ; an interpretation which would justify the assumption that Myton was then a complete though dependent lordship, answering fully to the Norman definition of a manor. On the other hand it seems more reasonable to presume that whatever court was held or " jurisdiction exercised by the A.S. proprietor of the great manor of Ferriby, was held or exercised centrally, in and for the whole manor and its dependencies*, rather than to suppose that there was a court for the manor and one for each of the berewicks ; and if this view be the sounder it follows that Myton was not a manor as the Normans understood that term. It is, however, evident from Maud Camin's charter that prior to the sale of the lordship to the monks of Melsa there had once 148 Notes Relative to the Manor of My ton. existed within Myton a building in which a court of some nature was held, for the better reading of the word "aula" is court- house, although it may signify like "manerium" the lord's residence. I am inclined to ascribe the erection of this "aula" to Anglo-Saxon times, and to see in it the building where the steward or headman of Queen Algitha's manor of Ferriby met the tenants and shepherds of Myton, receiving their rents and tallies, arranging their disputes, and generally controlling the affairs of the berewick. But in Maud Camin's time it must long have been destroyed, since she speaks of it as then but a tradition, only remembered by the inclosure within which it had stood ; and it is quite probable that it was burned by the Normans when King William wasted the country from Humber to Tyne about a century before the date of her grant. The first Norman proprietor of Ferriby and its berewicks had never cared to re- build or replace this hall, in itself a strong inference that Myton was a mere dependence and not a manor sui juris, so that up to the time the township was acquired by the monks of Meaux abbey no court-baron or leet had been held there, and it could not consequently have been a manor in the strict legal sense ; although, undoubtedly, some tradition or aroma of lordship adhered to it as a legacy from the vanished " aula." The next building of any importance erected by lords of the soil within Myton, as it was enlarged by the addition of the " reliquam partem del WyJc," was the grange built by its new proprietors, the monks of Meaux abbey. It seems clear that Frost was mistaken in identifying this building with the ancient " aula," and alleging a continued existence of whatever court had been held there. On the contrary the grange appears to have been an agricultural structure pure and simple, and in no way a manor- hall or court-house. At any rate there is no evidence in the Liber Melse that the monks ever held any manorial court in Myton, or in any way regarded it as other than a large grazing farm ; and, therefore, it is impossible to maintain that whilst the township was in their possession it w T as legally a manor. A " grange " was " a house or farm not only where were necessary Of the Manor of Tupcoates-with-Myton. 149 places for all manner of husbandry, as stables for horses, stalls for cattle, &c, but where were barns and granaries for corn, hay- lofts, &c. ; " and such a place it was, I think, no more and no less, that the monks built on their own side of old Hull to be the farm- stead for the pastures and ploughlands of their newly-acquired estate of Myton ( Si ). Of this grange, known at the time as Myton grange, with ten bovates of land in Myton, which were evidently the original lordship, the A.S. berewick, and thereafter to be called " King's- fee" ( 85 ), Edward I. was enfeoffed when he purchased from the abbot and convent of Meaux the grange and vill of Myton, as is clear from the finding of the jury upon the Inquisition taken after the death of Sir Eichard de la Pole (see p. 74 ante). It would further appear from the same finding that Edward II. built a Manor-House within the vill called Myton Manor-House, which, with the ten bovates of land forming Myton proper, he granted for life to Sir Eobert Hastang. As the monks' grange undoubtedly stood outside King's-fee (the eastern boundary of which was the old channel of the river Hull), it seems only natural that if the king wished to erect that district into a manor he should build a Manor-House within it (because a court-baron could only be held within the lordship), but the statement that he did so is strangely at variance with the course afterwards taken by Sir William de la Pole as related in the Liber Melse. From that authority we can only infer that King Edward did not erect a new Manor-House, but adapted the existing grange to that purpose, although this again is inconsistent with the express finding of the jury mentioned at page 75 ante. But whether a new building, or merely the dedication to a new purpose of the grange, it must have been the king's intention to create Myton a manor proper, (84) In the grant by Hen, VIII. to Sir Ralph Sadler of the site and appurtenances of Selby abbey, its grange is certainly styled " manerium," but evidently only in the restricted sense of the word as signifying a residence of the larger class. (85) I must here acknowledge that I am in error at p. 107 ante where I assume that King Edward purchased all that was comprised " within the topographical term 'Myton.' " It appears that he only required the ten bovates of which the township originally consisted, the area subsequently termed " King's-fee," with, of course, the grange and its appurtenances, which stood on the east side of old Hull and not in Myton proper. Aton-fee was added to the lordship by Sir Richard de la Pole (see p, 123 ante). 150 Notes Relative to the Manor of My ton. and institute a court there. Frost says of this royal edifice (page 30 of his "Notices") " in that place the court of the manor of Myton continued to be held until it was at length laid waste, and reduced into a plain, which obtained the name of Grangwyk." This, however, is mere supposition on his part, and his statement is of no historical value, besides confusing the king's Manor- House with the abbey grange, the ruins of which latter gave rise to the name of Grangwyk ; although it is possible that the two were the same building. However this may have been, one thing is certain. The king's Court-House fell so rapidly into decay as to justify the assumption that it was of little use, and that no court could be established or continued there because it was foreign to the soil. The next attempt to make the district of Myton a manor, and to maintain a court there, was made, and with success, by Sir "William de la Pole, who built a Manor-House at Tupcoates. The origin of this still surviving name, " Tupcoates," or, as it ought to be written, "Tupcotes," is not difficult to discover. In the primeval days of Myton, when it was mainly a feeding-ground for sheep, dotted over with the folds necessary for their protection from beasts of prey or wintry weather, and with the rude dwellings of the shepherds, Tupcotes was the fold for the rams of the lord's flock. In its original significance the word " cote," "cot," or "coat" meant a hut or other small dwelling (whence "cottage") as Verstegan writes, "a cote in our language is a little, slight-built, country habitation." By some curious process this name of a human residence has for centuries been applied to the shelters of two classes of the humbler creation, sheep and pigeons or doves. No doubt in the open district of Myton, subject as it was on its southern and eastern marches to inundations from the Humber and the Hull, where the flock was housed at nights and in the long dark winters there the shepherd also lived, his cote within the sheepcote, so that in both senses the little enclosure was entitled to the name. It is, however, as a purely human residence, in the day of its downfall and destruction, that Tupcoates makes its first Of the Manor of Tupcoates-with-Myton. 151 appearance on the stage of history. I have already quoted (page 76 ante) the finding of the jury upon an inquiry into the condition of Myton held in 1320, where Tupcoates is mentioned as " a cottage called Topcote," which Eobert de Sandale's servant, John de Laxton, had pulled down, selling its timber for his master's benefit for the sum of ten shillings. We are told in the Liber Melse that to the site of this cottage, an enclosure, as we afterwards learn, of some four acres, Sir William de la Pole at some time during his ownership of Myton removed the Manor-House, demolishing for that purpose the whilom grange and utilising its material for his new house. The incident is twice mentioned in the chronicle (see pages 46 and 49 ante), and in both cases the destruction of the one building and the erection of the other are related in such close connection as to make it perfectly clear that it was the abbey grange, and not King Edward's Court-House (if they were separate buildings), which Sir William pulled down and transplanted into Tupcoates. Indeed the second record states so distinctly that Sir William had removed from Grangwyk the edifice which he rebuilt at Tupcoates that the matter is beyond doubt ; and this would seem to prove that Edward II. had converted the monks' farmstead into a Manor- House and did not build a new one, however much such an assumption violates the jurors' explicit statement that the king " fecit edificari ibidem qitoddam Manerium." It seems only reasonable to suppose that Sir William would not leave one manor-house outstanding, so to speak, when he built another on a new site, and, therefore, that the one he pulled down (unquestionably the grange) was the only building of that nature within the vill. His reasons for this removal one can only surmise. I have been unable to fix the site of Tupcoates, and can but conjecture that since Grangwyk was on the east side of old Hull (as Frost agrees, although he mistakenly identifies the monks' grange with Maud Camin's "aula") Tupcoates was on the west ; that it occupied some central or other convenient situation in King's-fee, or 152 Notes Relative to the Manor of My ton. approximated more closely to the site of the ancient "aula," the court of which Sir William intended to revive. Tupcoates may have commanded a finer view than was obtainable from Grangwyk, or possessed other advantages now forgotten ; or, possibly, was more immediately surrounded by unoccupied land which the lord could treat as demesne, and grant out through his new court to be held directly of himself on tenures less than freehold, so that his Manor-House at Tupcoates with its demesne land, conjoined with the rest of Myton, might appear a legal manor in every sense. The Manor-House which he built was undoubtedly a substantial structure, fortified and moated as was then customary with the lord's residence on a manor, and it endured for some centuries, its site being recognizable and its ruins in existence so lately as the close of the 17th century. Amongst Warburton's Collections for a History of Yorkshire (Lansdowne MSS. No. 894) the following paragraph appears under the heading " Myton cum Tupcoates." " There hath been at Tupcots an Old Manor- House in a Close there called Tupcots Close, which contains about six acres, in which is digged up great quantitie of Old Bricks and Eubbish, which was formerly fortifyed and Incompassed with a Great Moat, as is to be seen by the remains of it to this Day." . It seems to have been Sir William's desire to constitute Myton a manor in the fullest sense of the term, by impressing upon it the outward and visible sign of his lordship in the shape of a Manor-House, by establishing and holding a court there, and by creating through this court a class of what may be termed base tenants, not villeins, for, as I have before contended, there were no villeins properly so-called within Myton, nor yet copyholders, because such had not then come into being, but somewhat akin in terms of tenure to villeinage as existent at that time upon other manors, and destined to become like the latter class the copy- holders of the future. In this way he would not only increase the dignity of his estate and of himself as its feudal proprietor, but would enlarge and perpetuate his authority over it. Two obstacles he may have had to encounter. The township of Myton was not Of the Manor of Tupcoates-with-Mylon. 153 a legal manor, and the statute of Quia Emptores forbade his making it one ( 86 ), but he was a rich and powerful man who could well afford to trust to time and the absence of opposition to legalise anything he might do which for the moment was ultra vires. There is no direct sequence of court-rolls until nearly a century after the gift of the manor (as I must for convenience call it) of " Tupcotts with Myton " by Edward VI. to the mayor and burgesses of Hull, but a few earlier ones have survived, extending from the close of the 14th century to the middle of the 17th, which supply much curious and interesting information on the subject before us. From these it is evident that, at first, transfers of property amongst the lower tenants [i.e., the less than free- holders), were made by word of mouth in open court, the steward's entry of the transaction on the court-rolls of the manor being considered a sufficient formality and evidence. This, no doubt, was the original practice in all English manors, the custom of giving the grantee a copy of the entry on the roll as proof of his title being of later growth. As regards Tupcoates-with-Myton it is expressly stated in Beckwith's report as a matter of oral tradition that no such copies were issued prior to the reign of Henry VI. ; for so I understand his words, "afore that tyme their were no copie holders as it is sayd." We also learn the origin of the fine still paid to the lord of a manor by a copyholder on his admission ; a payment which in many manors, as in Tupcoates-with-Myton, is small and certain, but in some amounts to as much as two years improved value of the holding. It was the fee paid to the lord for his license or permission to the tenant to enter upon the property to which he had been admitted. I find no mention throughout this period of the straw which is now, and in modern times always has been, used symbolically on every surrender in this manor. Theoretically a transfer from A. to B. of copyhold property is accomplished by A. surrendering (86) By rendering it impossible for him to have suitors to constitute a court-baron. The service of suit at the lord's court-baron was not an ordinary incident of tenure. It was compulsory only upon those freeholders whose grants were made to them on that express condition ; and as the statute prevented Sir William from granting any freehold land to be held of himself, he could not, of course, attach to any grant the condition of rendering suit at his new court. 154 Notes Relative to the Manor of My ton. up the tenement to the lord of the manor " to the use" {i.e., for the benefit) "of B.," whereupon the lord through his steward accepts B. as his tenant in the place of A. ; and formally admits him to the property on his payment of the fine and steward's fees. In the manor of Tupcoates-with-Myton the record, or Memorandum as it is technically termed, of a surrender runs that, in consideration of so much money, A. came without the court and " did surrender to the lords of the manor, by the hands and acceptance of the steward, and by a straw according to the custom thereof " (i.e., of the manor) "All that messuage," &c. ; the straw typifying the land surrendered, and upon which it is supposed to have grown. No doubt in ancient days the straw was part of the ceremony of surrender in exactly the same way, and was actually the produce of the field or close surrendered, a part for the whole, its figurative use in this way coming down by oral tradition as " a custom " of the manor ; but it is a little curious that no mention of it is to be found in the earlier rolls. It is also noteworthy that the expression " Tupcoates-with- Myton" does not occur before the 16th century. It first appears in the reign of Henry VIII., when that monarch was himself lord of the manor; prior to which time the rolls are headed " Tupcoates of Myton," " Tupcoates in Myton," or " Tupcoates at Myton." I gather that Sir William established his court under some royal charter or grant which has been lost, because, although not so called at first, it was a court-leet or view of frank-pledge as well as a lesser court-baron. Being well-known to enjoy the favour and protection of his sovereign, it might have been possible for him to have constituted, either cle novo or under pretence of a revival, a customary court for dealing with the lower class of tenants in Myton, and to have compelled them to resort to such court and conform to its rules, especially as to the weaker sort it would have offered some security of tenure ; but Sir William would hardly have ventured to exercise the functions of a leet, except under the authorisation of the crown. It is remarkable that the court is not called a court-baron in Of the Manor of Tnpcoates-with-Myton. 155 express terms until the manor came into the hands of the mayor and aldermen of Hull, although in the time of John de la Pole, duke of Suffolk, it is termed " curia magna," which is one designation of a court-baron. With this exception it is simply called "curia," even when Henry VIII. was lord of the manor, until the steward acting for the mayor and aldermen named it expressly " the court-baron of the mayor and burgesses," probably with a view of magnifying the position and authority of the then Corporation. Again the term " leet " is not used until the middle of the 15th century, when the widowed Duchess Alice was lady of the manor, whilst the correlative expression " view of frank-pledge " does not appear in the title of the court until the lordship of Duke John, nor afterwards until the manor was in the hands of Henry VIII. It is not difficult to determine the precise nature of the court in question. One would suppose that in fact or in theory it would be considered a court-baron, because the existence of such a court was essential to the district being recognized as a manor, whilst if Myton were recognized as a manor (which would follow easily enough from always calling it one), the common law gave the lord the inherent and inalienable right*of holding a court-baron. From the earliest roll which has survived it is clear that freehold tenants attended the court to perform fealty for their holdings ; and in the time of Duke John the roll contains a list of " sectatores curia," followers of the court, who were certainly suitors of a court-baron, because so termed from the writ " Secta ad curiam," used to compel the performance of a tenant's suit of court where it was an express condition of his grant. Moreover there are always two freehold tenants at least mentioned, although at the time of Beckwith's survey there seems to have been but one, and we find them fined at almost every court for non-attendance ; but it is, of course, impossible to say from the mere fact of their being so fined, whether their attendance was due as suitors of a court- baron by condition of tenure, or suitors of a court-leet by reason of resiancy or abode, which was termed suit-real as distinct from suit-service. It must, however, have been in the latter capacity that they were defaulters, because it was impossible for Sir 156 Notes Relative to the Manor of Myton. William to hold a proper court-baron, since, as already explained, he could not create suitors by tenure to constitute one ; and as, moreover, it is quite clear that the manor court never met as a real court-baron, where the freeholders were judges as well as suitors, but was always presided over by the steward as judge, the only sound conclusion we can come to is that the court was not a court-baron, strictly so termed, but an inferior or customary court-baron, such as in most manors the court-baron proper was then degenerating into : and hence again we find Myton to be no true manor, even after Sir William had built his Manor-House at Tupcoates. A court-baron not being a court of record, neither the lord nor his steward could fine or imprison, and, as we have said, the suitors were themselves the judges. A court-leet could enforce its authority in either way through the steward, who, as indifferent between the lord and the law, was its judge ; and it was also a court of record. It is clear from the earlier- rolls that Sir William's court was essentially a court-leet, though not so termed originally. It was presided over by the steward, who, moreover, is termed " seneschalhis," which particularly implies one who dispenses justice ; all offences against its rules or customs were punished by fine (though I find no evidence of imprisonment, except in stocks) ; and its proceedings were duly and regularly recorded, and preserved with so much care that some have survived the chances and changes of five hundred years. Indeed the authority of the lord over the township as exercised through this court was somewhat extensive. Without his license no man could hunt, shoot or fish therein, nor even keep sporting dogs ; stocks and a pinfold existed for the control of vagrant human beings or cattle ; whilst in the 17th century we find fines inflicted for such moral offences as keeping a gaming-house, and showing hospitality to tramps ( 87 ). It is this jurisdiction of the court which leads to the assumption that it was founded under some royal authority, because a court-leet was not a manorial court as (87) In 1668 a resident was fined for keeping " domum Judosum illicitum" without Myton- gate ; in. 1673 John Wolfe was fined " quia ho*pitavit in domu sua vaganles et mendicantes.' Of the Manor of Tupcoates-with-Myton. 157 of right, but a privilege purchased of the crown by the owners of large estates, in order that their tenants might have justice rendered to them in minor affairs at their own doors. Such a court might be appendant to a vill, or even a single messuage, as well as to a manor. It will be convenient now to give a brief abstract of the ancient rolls on which the foregoing remarks are chiefly based, so that any reader who feels sufficient interest in the subject to consider thein, may sit in judgment upon the conclusions I have ventured to draw. The oldest roll extant gives us the germ of the expression " the manor of Tupcoates-with-Myton " in the words describing the place where the court was holden, although they ought to be read " at the Manor-House of Tupcoates of Myton," i.e., at the Manor-House situate at Tupcoates within Myton lordship. The roll is headed " Cur' dom' Mich'is de la Pole militis fil' dom' Mich' is de la Pole imp' com' Suff' tent' apud man' in de Tuppcoatcs de Myton," and is dated 14th Eichard II. (1390-1391); the first-named Michael de la Pole being the son of the disgraced chancellor, and the fact of his lordship of the manor proving that he had received restitution of the family estates, to that extent at least, immediately after his petition noticed at page 110 ante. The roll relates that Robert Byrd, manifestly a freeholder, " came here into court and did fealty to the lord, to hold of the lord in fee one bovate of land in Myton, paying rent for the same 18s. 4d. by half-yearly payments." Another tenant came into court to take formal seisin from the steward of "a messuage and two places of land," which had been demised to him without the lord's license, and in consequence taken back into the lord's hand. The same roll contains a striking instance of the steward's judicial capacity. It states that John Sparowe, who held to him and his heirs of the lord in bondage a messuage and half a bovate of land in Myton, was dead, whereupon the lord had resumed possession of the holding ; after which Johanna, the lawful widow of the defunct John, came into court and sought to be admitted tenant of the property. But because the matter was one of which 158 Notes Relative to the Manor of My ton. the steward was ignorant (" sed qu' incognitu' Seneschallo "), he had summoned a jury and held an inquest, and so ascertained that the house and land had descended by right of heirship to Beatrice, wife of Thomas Flecher, and he had accordingly admitted her, " to hold the same in bondage according to the custom of the manor." Another roll during the same lordship briefly describes the court as held " apud Twpcotes in My ton." It is one which seems to me to show that surrenders were at first oral, and to give the origin of fines. It is dated 19th Eichard II. (1395-1396). The steward records that John de Eooston " came here into court, and rendered up into the hands of the lord a toft called ' le Clopethous' in Myton, to the use of John Mountenay, Beatrice his wife, and John their son ; whereupon came the same John and Beatrice and John their son and took of the lord the said toft, to hold to them for their lives and the life of the survivor of them according to the custom of the manor ( 88 ) ; and they gave to the lord for a fine for license to enter ij 3 ." The next in order of date is a fragmentary roll dated 20th April, 36th Henry VI. (1458), and interesting amongst other things because it expressly calls the court a leet. It is headed " Cur' 011' leta Alicie ducisse Suffolchie tent' apud Tupcotes in Myton." It relates that Thomas Blackstone " came into court and yielded up into the hands of the lady of the manor a certain meadow-place called ' Mylnhyll,' with common of pasture in Myton Carr for twelve sheep ("bidenf "), two cows, and one horse, to the use of Thomas Etton, who came into court and took the same of the lady, to hold to him and his heirs according to the custom of the manor, paying for the same 4s. 4d. annually : and he gave to the lady a fine for the right to enter 20d." This roll also refers to a court held at Tupcoates on the 3rd April, 26th Henry VI. (1448), for Sir William de la Pole, (88) This may mean that they were as tenants to be subjeot to the regulations and customs of the manor, or that life-tenancies were a custom of the manor. No such custom prevails in Tupcoates-with-Myton now-a-days; although in many manors it is still customary for the copyhold tenants to be admitted for life only. Their tenure is practically as secure as a fee-simple, but each successor in the title is admitted only for life. Of the Manor of Tupcoates-with-Myton. 159 " marchionis et comitis Stiff' " — he was created marquis in 1444 ; and gives us particulars of the ill-doings of a certain hermit who dwelt in Myton within the hermitage there ; a place which appears to have retained that distinctive name many years after it must have ceased to shelter any veritable hermit. It would seem from this offender's name that he had once followed amongst men the useful avocation of a pavior ; and from his offence that the dire causes which had driven him into solitude and bitterness of soul had somewhat blunted his finer susceptibilities. It was " presented" that William "Weyll, otherwise called William Paver, a hermit (" heremita ") had cut down wood of her ladyship's within the hermitage (" heremitag' "), to the extent of thirty-seven ash trees of value, and two cart loads of underwood (" subbosci ") of value. No comment is made upon this felonious act, nor any fine imposed ; the simple record for all time of the recluse's direful deed being apparently deemed punishment enough. The roll closes with a list of persons fined for various breaches of the regulations or bye-laws of the manor. The items afford us some insight into the condition and life of Myton, and are of the same class of offence as is constantly being punished in this way century after century so long as the court of the manor retained its authority. Eichard Hanson was fined 2s. for non-repair of the causeway (" via ") within " le Whyethorsyng " (White Horse Ing) ; the townspeople of Hull ("villata de Hull") 6s 8d. for not repairing " le Whyetcluett " between Myton Carr and Wold Carr ( 89 ); and John Wright for failure to clean a certain sewer called "le Cluwe" at " Alldhull." The jurors further presented that certain preaching friars of Hull (probably Dominicans) had taken away turves from Myton Carr, viz., each of them one cart load ; that a gate at Myton was out of repair to their lady's loss ; that a sewer at " Medykcryk " was in bad condition ; that certain people of " Ferybe " had pastured five horses and three hundred sheep upon Myton Carr to the great loss of her ladyship and her tenants ; that William Mason had placed (illegible) on the highway (" alta via") near Tupcoates, and (89) The town was bound to repair this. See p. 143 ante. 160 Notes Relative to the Manor of My ton. had obstructed it to the injury of the king's lieges ; and that John Haryson had carted dead horses on to the roads within the lordship and so obstructed them. Some faint clue to the probable site of Tupcoates and the Manor-House is afforded by the above roll. The obstruction by William Mason of the "alta via" near Tupcoates is stated to be to the injury not merely of the lady of the manor or of her tenants, but of the king's lieges, from which I gather that it was a main road to some adjacent hamlet, used by others than the tenants of Myton or the townspeople of Hull having business within the lordship, so that its obstruction was a greater public inconvenience than, for instance, John Haryson had caused with his dead horses. This would seem to point to the ancient road to Anlaby, and suggest that Tupcoates adjoined upon, whilst the Manor- House may have fronted to, that highway. The next roll is headed " Cur' cum let' d'm' Joh's due' Suff' tent' ajmd Tupcoates in Myton die m'cur' p'x' post festu' S'c'i Mich'is Arch' a" r' r' Ediaardi quarto vicesimo" (1480). It opens with the finding of a jury upon an Inquisition into the internal condition of the lordship, their presentments being mostly of wrongful or excessive pasturings upon Myton Carr, the offenders being amerced by the jury and fined by the steward as per margin. Thomas Dower and John Smyth were fined for sporting in the manor without the lord's permission, and carrying away birds and fishes ; whilst William Eland and others, apparently freeholders, were fined for not attending the court to do service, but query whether suit-service or suit-real. At another court held at Tupcoates for Duke John on the 25th October, 21st Edward IV. (1481), Stephen Banaster was fined for keeping a mangy horse (" equu' scabidu' ") upon Myton Carr, and was ordered to remove it within six days under pain of forfeiture. John Smith was admitted tenant of two cottages and a close of land called " Chapelclose " for 20 years at 50s. rent, and he was to repair the cottages and close with their walls and ditches. William Lathum was admitted to a berchary called " le Lordcote " and a close called "le Sevenstanges " in Myton, Of the Manor of Tupcoates-with-Myton. 1 6 1 to be held at the lord's will at 34s. rent. And it was presented that a certain common sewer called " Grangewike " was obstructed ; and that two gates at Myton and Tupcoates were defective. As any port is good in a storm, so any hint is useful in one's ardent desire to account for the extraordinary expression, " Manor of Tupcoates-with-Myton." The mention at the close of the last roll of the defective gates at Tupcoates and Myton seems to suggest that the former was beginning to be no longer regarded as a portion of the latter, but rather as a distinct, separate district, not independent, however, but associated, Tupcoates with Myton. At a court held the following year it was again presented that the sewer called Grangewike was defective, and one gate at Myton out of repair, and that these facts ought to be reported to the lord's council. The next roll is remarkable in several ways. It is that of the last court held for Duke John, for he died shortly afterwards, and the name of his royal wife is associated with his own as co-owner of the manor. In its title the court is expressly alleged to be their court-baron and view-of-frank pledge ; an open claim to the fullest possible manorial jurisdiction which infers some special grant or confirmation from the crown, although their eldest-born had but lately perished in arms against his sovereign, and all the family property, including this manor, been declared forfeit to the crown on the duke's decease. The roll is headed " Tupcotte in Myton. Cur' magna cum visu' Francipleg' d'm' Joh'is due' Sujf et Elizab't' uxor' sue tent' ib'm die jovis vj die mensis Octobris anno r' r' Henrici 7 post conquest' AngV vij. : " and I can only ascribe to the terms of some express authority from the crown the association of the duchess with her husband in the court, coupled with its enlarged title. The proceedings open with a list of names under the heading " Sectator' Cur'," and as these " followers of the court " do not appear in any previous roll, their presence raises a strong presumption that the manor court had not before been an indisputable court-baron ; that now, owing to 1 62 Notes Relative to the Manor of My ton. the suggested royal grant, it had become one, and being such must have scctatorcs, or suitors by tenure, who had accordingly been discovered or invented for the purpose. Amongst the present- ments a sewer is mentioned as adjoining •' Madynhyll; " and John Cloughton, " boucher," was fined for breaking open the manor pinfold and thence removing three sheep. The name " Maidenhill" survived to very recent times as the designation of four closes of meadow-land, containing about 40 acres, late belonging to the Broadley family, and lying at the extreme west end of Myton, as shewn in the plan of the lordship post. Of curiously irregular outline on their eastern side, these closes ran from the south side of the Anlaby-road across the Hessle- road to the " Groves " or "Growths " on the Humber-bank, and are partly shewn to the left of so much of Myton Carr as lies south of the Anlaby-road in the plan of the inclosure also post. Until the recent extension of the borough their western edge formed part of the western boundary of the town and county of the town of Kingston-upon-Hull, their own western boundary being the Galley Clough drain mentioned in note 83 ante, and which was doubtless the sewer alluded to in the presentment. Amongst these early rolls, which are all of parchment, is a paper fragment, temp. Henry VIII., much damaged and partly illegible. The heading is gone, and the contents may be either the finding of a jury upon an inquiry into the regulations and customs of the manor, or rules for its internal management, in the nature of bye-laws, made by the freeholders assembled as a court-baron, this being one of the functions of that court. This fragment is of interest as a specimen of the orthography of the period, and as illustrating the great importance attached to the duty of defending the lordship against the waters of the Humber. It is also curious in its exhibition of some authority on the part of the lord of the manor over the governing body of the adjacent town of Hull, with their correlative obligation to construct and maintain roads and bridges for ingress and egress from and into Myton. The document appears to relate to " the lordshyppe of Myton," without mention of Tupcoates, and provides, amongst Of the Manor of Tupcoates-with-Myton. 163 other things, " y' every tenaint shall dyke his sedyke so far has his grownde goes for awodyng the sawtt water, from the Gale Clowe " — which I take to be the mouth of Galley Clough drain — " to ye Lyme Cale gott sawarle " — evidently some defence against the Humber at the ancient limit of Myton eastwards, the old embouchure of the river Hull, the after-time Limekiln drain. Another provision is that " the mare and burgesses shall maike and mayntain on and upon ther cherges iiij brydges with the parcell of byeway lyeng at the bridge by Myton mylne, with all the cawses" (i.e., causeways) "and brydges with iiij gates from the wyndmyle by Hull to the yette by the [illegible] towerds Analybbe, after the custome and mandaunt ; and the iiij gates to be don in hast, and the penfolld to be don, and a paire of stokes." Further that " no man shall putt any cattell in Myton Cares butt onely thay that have gaites ( 90 ) in the same, and they shall putt no mor butt according to his stint " ( 91 ). There are several rolls relating to the period of Sir William Sydney's lordship of the manor, but in these the older designation of the court is revived, the words " magna " and " visits Franciplegii" being omitted. The first commences "Cur' cu' let' Willi' Sydney mil'tis tent' apud Tupcotes in Myton die lune videlic't xxviij die Julij anno regni regis Henr' viij post Conq'm AngV viij" " (1516). It comprises presentments that the ditch between " Myton brigg" and " Topcotes end " was in bad con- dition, and ought to be repaired by the lord ; also that the t Lyme Kylne cloe " was not sufficiently fenced, whereby certain beasts of the tenants had been lost. The handwriting of this roll is exceedingly mean and very difficult to decipher. Another roll of Sydney's time is margined " Tupcotes ad Myton" (1536). One roll survives of the period when Henry VIII. was lord of the manor after his re-purchase from Sir William Sydney. It is the first to bear the " cum Myton," which has been used ever (90) The variation in the spelling of " gate " as the closure of an entrance, and " gate " (as it used to be invariably written) as a right in a common pasture, is a remarkable accuracy in the scribe's orthography. (91) In a deed of 1C5G in the possession of Colonel Broadley, of Welton, and relating to rights of pasturage in Myton Carr, I And reference to the " old stint " and the " new stint," the latter allowing only 60 sheep where the former had allowed 00. 164 Notes Relative to the Manor of My ton. since, and revives the then purely formal title, " view of frank- pledge." It is headed " Tupcotes cxC Myton. Curia d'm' Begis cu' vis' Franc' Plegg' tent' ib'm xxiv die Aprilis anno regni regis nunc Hen' viij post Conquest' AngV xxxv." (1543). The proceedings recorded are much the same as mentioned in previous rolls ; but certain ordinances are laid down as customs of the manor, and amongst others, that no man should hunt or fish within the lordship except by license of the lord or his steward, and that no one should keep any " unlawful " dogs {i.e. sporting dogs) within Myton under a penalty of 3s. 4d. for each dog. The full force of the word " cum " — " together with " — that is Tupcoates together with Myton, confirms my view that some confusion had arisen as to the two being distinct estates, yet so inseparably connected as to pass together, and to form, indeed, one manor. In this way alone can I find any reasonable origin for the compound name which heads this division of the subject. It also confirms my impression that Myton was never a true manor ; since the manorial virtue appears to have been attributed to Tupcoates, the association of which with Myton was necessary to constitute that lordship a manor, or rather an integral portion of a manor. This confused notion had been the slow growth of time. It began with Sir William de la Pole's building a Manor- House in the inclosure known as Tupcoates, establishing there a court, and through it inaugurating a manorial autonomy. Tupcoates was originally but a four-acre close and cottage within and parcel of Myton lordship, and the mere erection of a Manor- House there would not have given it the importance it afterwards assumed as the heart of the manor, had it not been for the con- siderations I have before suggested, namely, that a new court and with it a new form of government was established at Tupcoates, the land around it treated as demesne, and granted out to a class of tenants somewhat answering to the villeins of regular manors, and so a manorial aspect given to the entire township. But as to Tupcoates it owed the origin of this system, so to Tupcoates, as an inherent attribute of the Manor-House in that enclosure, the system became popularly supposed to belong, until we find in Of the Manor of Tupcoates-with-Myton. 165 Beckwith's survey mention of the " maners of Tupcotes with Myton," as if they were two lordships, and finally the expression Tupcoates " together with " Myton. It is curious, however, that this term is applied to the copyhold portion only ; and freehold properties within Myton are still described, as they have been for centuries past, as situate in " the lordship of Myton," never in " the lordship of Tupcoates-with-Myton." As may be imagined, Beckwith's survey, a striking piece of conscientious work, gives a very full rental of the manor, under the heading " Manor of Tupcoates-with-Myton." Mention is first made of one freehold tenant, Sir John Eyland or Eland, the worthy knight who enjoyed the rare honor of receiving a king's vote upon the occasion of his election to the civic chair, one of whose holdings in Myton, " a close called Herneclose," suggests that four or five centuries ago the heron was a denizen of the district. Another, "a closse lying in Myton Carre," raises in one's mind a very strong suspicion that the doughty alderman had shrewdly enclosed a portion of the common pasture, thus securing for self what, in a sense, "was meant for mankind ; " a form of robbery which had reduced Myton Carr to half its pristine size when it came to be inclosed in 1771. Twenty-one copyholders are then named, and details given of the sizes and natures of their properties, with the amounts of their rents ; the total amount of rents of assize paid by them annually being £26 10s. 8d. They are stated to hold to them and their heirs " after the custome of the maner by copye of courte rolle; " and besides them, it is recorded that " certayne men of Hasill holdeth by copye of courte rolle a close of pasture called Mansfeld Dale, and payeth for it by yere 33s. 4d." The particulars of some of their holdings are very interesting. Grangewyk is mentioned as a close of pasture land containing 13 acres, held at the annual quit rent of 44s. Anne Pyndar, " wydowe," is stated to hold " a wynde millne w* the syte of the same, and pasture for ij kye, oon horse, and xij shepe in Myton Carre ; " Sir John Eland " a close nyghe the lyme kylne ; " John Henryson " a shepecote and comon of pasture for cc shepe," at 1 66 Notes Relative to the Manor of My ton. the small rent of 2s. ; Margaret Goldsmith two closes lying against Humber-bank, containing 20 acres ; Eobert Taylor " a toft and a lytill toft in Myton, and a close nexte the pinfolld ; " and John Ditwell a close called " Gallas tree croft.' Next are given four " Ten'nts for terme of yeres," paying in the aggregate £11 9s. 2d. yearly, one of whom, William Stedinson, is said to pay 12s. a year for his holding, " besyde suyt of courte." This must have been suit-real by reason of resiancy, not suit-service by condition of grant ; or if it were the latter, it was a vain attempt to create a sectator curia, out of a non-freeholder. William Eogerson held for term of years a close with a sheepcote called " Estyng " (East Ing), containing 24 acres, and another close of equal size called " Humbre Feld," at the total rent of £8 13s. 4d. Then follow " Ten'nts att will," numbering twenty-six, besides " dyverse ten'nts " who are stated to hold a close of pasture in Myton called " the Medowe Closse or Westyng," containing 36 acres, " and payeth for it and the etage of the same £7 18s. 4d." There is no further information given as to the condition of these tenures than is comprised in the brief statement that so-and-so " holdeth att will." They might have been only nominally tenancies at the lord's will, like some modern copyholds, or actually held on such insubstantial terms ; but I rather gather from the nature of the holdings and the rents paid for them that they were, as a matter of fact, tenancies from year to year by parol, as distinguished from the copyholders who held indefeasibly under their court-copies, and the tenants for years who held under deed like modern lessees. The words " at will " have, I am persuaded, " this extent, no more ; " and are not at all to be regarded as denoting the survival within Myton of villeinage in a modified form, or as affording any evidence that villeinage ever existed in the lordship. Amongst these holdings "at will" mention is made of "a close of pasture called ' Tupcotes,' containing by estimation 4 acres," as let to John Henrison at 20s. a year. If this be the same Tupcotes as that in which the Manor-House stood, it is curious that it should be let as a meadow at 5s. an acre ; but I Of the Manor of Tupcoates-with-Myton. 167 am not aware of any other Tupcotes, and the quantity given so closely approximates to that stated in the Lansdowne MSS., at page 152 ante ("four acres by estimation" in the one case, and " about six acres " in the other), as almost to amount to proof positive that this Tupcotes is the only and original close of that name. Yet if it were so, and were let as a meadow, what had become of the Manor-House ? And it is very remarkable in this connection that Beckwith's survey, so careful and detailed in every respect, makes no mention whatever of a Manor-House at Tupcoates, or anywhere else within Myton, excepting so far as one is implied by his words, " there is a court and letekept ther." The uncertainty expressed at page 44 ante as to Sevenstangs is completely dissipated by this survey, read in connection with the Inquisition taken by John de Sutton in 1329 (see p. 78 ante). In the latter document this ancient inclosure appears as a piece of meadow containing 12 acres, and situate in "Wold Ings ; but in Beckwith's survey the quantity is given as 7 acres, which certainly harmonises better with the name, and satisfies us that the field was originally called from its size, the stang, no doubt, being an extinct, and perhaps purely local, land-measure roughly equivalent to an acre. The association here of Sevenstangs, still a meadow, with Maidenhill closes would imply that the three were easily worked together and were consequently contiguous ; and as we learn from De Sutton's Inquisition that Sevenstangs was situate in Wold Ings, it must have lain immediately to the westward of Maidenhill closes, whose precise position we know, and therefore just outside what became (through causes I have not inquired into) the western limit of Myton lordship. As a result it must at some time have been lost to the manor. To this out-lying position, as well as to its being a very ancient inclosure forming no part of the common lands of the vill, I attribute its especial mention in Maud Camin's charter. It is worth noting as evidence of the increase in value of this particular grass land that in 1329 as a twelve-acre field it was worth 20s. a year ; in 1538 as a seven-acre field it let with 6 more acres for 106s. 8d. Part 1 68 Notes Relative to the Manor of My ton. of such increased value must, however, be ascribed to the decline in the purchasing power of money. White Horse Ing appears again (see p. 159 ante) as " two closes of meadow called ' Whithorsyng,' containing 20 acres ; " one John Hewett is mentioned as holding two closes called "Heron closes " containing 10 acres ; Eobert Wilcock, described as " gent.," held a close called the " NewCarr," containing the very considerable area of 200 acres, and for which be paid a rent of £30 13s. id. ; and he was also tenant of a " tenement there called ' the Heremytage ' with a gardyne." The total rents paid by the tenants at will amounted to £73 ; and Beckwith returns the gross annual value of the manor as £112 15s. 7d. The aggregate acreage of Tupcoates-with-Myton (which is the same as saying the aggregate acreage at this period of Myton) is given as 869 acres, inclusive of the great common pasture containing 300 acres known as Myton Carr ; a total area much in excess of the united quantities of King's-fee and Aton-fee, even reckoning 15 acres of arable land and 10 acres of meadow to each bovate. Making, however, due allowance for the varying size of the acre, for the roughly-computed measurements of ancient times, for common pastures, for gains from the Humber, and for tofts, crofts, and other inclosures not included in the area of the common lands of the township, little discrepancy will be found ; and without much risk of error, we may regard Myton in its fullest acceptance as comprising somewhere about 900 acres. This is practically the quantity contained within the area bounded east by the docks, north by Spring Bank and Prospect-street, south by the Humber, and west by Walton-street prolonged to Dock Avenue and by the latter continued to the river. A very interesting part of Beckwith's report remains to be quoted. At the close of the long parchment roll in which it is comprised, he summarises some further features of his survey under the title " Com'oditees and other P'fytes belongyng to Sir William Sydney, knight." And here, in reference to Myton, he says : — " Also there is a court and lete kept ther. Of the Manor of Tupcoates-with-Myton. 169 " Also there is a pastur called Myton Carre, conteynyng by estymacon three hundred acres and more, wherein there is twoo freeholders that have comon in the same, And also other copie holders, whiche copie holders have their copies made syns Kyng Henry the Syxt daies ; And afore that tyme there were no copie holders as it is sayd. And if theis copie holders and twoo free- holders had no comon ther, the saide Carre might be letten for fourty mark by yere or better." Consideration of this survey and report, which I had not seen when page 129 ante was written, satisfies me that there is no valid ground for questioning, as I have done in note 72, the practical accuracy of Mayor Eiddell's certificate after the death of Edmund de la Pole. The " thousand acres " of land he there speaks of are still inexplainable, unless he gives that quantity as a round total of the items following; but his "three hundred acres of meadow and pasture " undoubtedly refer to Myton Carr, whilst the " two hundred acres of pasture and meadow lying together " at Tupcoates as evidently mean what Beckwith calls the New Carr. Viewed in this light, the certificate in question confirms what I suggest followed the removal of the Manor-House to Tupcoates, and further accounts for that insignificant close obtaining so much importance as to have its name incorporated in the title of the manor. According to Eiddell, Tupcoates was then a mansion to which appertained a hundred acres of arable land and two hundred acres of meadow ; and we can quite conceive that this area, with its Manor-House, arable land and pasturage, really looked like another manor, carved out of the lordship of Myton, it is true, but having an independent individuality. Hence the necessity for speaking of both when alluding to the whole manor, and saying "Tupcoates with Myton" — that is, after time had given a respectable antiquity to the former. Indeed Mayor Eiddell seems to have thought it necessary to say explicitly that this area, known as Tupcoates, was in fact a member and portion of the lordship of Myton. The pasturage of Tupcoates appears to have been regarded as forming another carr, but evidently no attempt was made to treat it as a 170 Notes Relative to the Manor of Myton, common pasture, since at the time of Beckwith's survey, it was all let to one tenant. In fact it was practically retained in the lord's own hands as it was only let " at will." The earliest roll extant of the mayor and burgesses of Hull, as lords of the manor of Tupcoates-with-Myton, is dated 16th April, 1649. It is headed " Tupcoates cum Myton. Visus Franci Plegii cum Cur' Baron' Mayor' et Burgens' ville de Kingston sup' Hull d'nor' eiusd'm manerii ; " and in these terms probably followed a stereotyped form. If so, I gather that the first steward of the new lords, naturally desiring to magnify their office and authority, had ifery liberally interpreted King Edward's charter as not only conferring upon them the court, but exalting it, when given, into a manorial court of the fullest possible nature. This roll is further peculiar because it contains the expression, here first met with, " the lordship of Tupcoates-with-Myton," when alluding to some property as being within that " lordship." But the phrase soon expired ; and time quickly avenged this momentary slight upon ancient Myton. The loose rolls which follow this until the close of the 17th century, contain much curious and interesting historical and topographical matter in reference to Myton. Frequent allusion is made to "Tupcoates corner," " angulus de le Tupcoates," wherever that may have been, and there was evidently a water- course of some sort near it, for Jane Cawood, widow, was fined in 1670 for not keeping the bridge there in repair. At every court sundry luckless wights were fined ; mostly for pasturing cattle beyond their stint (a frequent weakness, this !), leaving open the gates of the common pasture, neglecting to attend the court, or failing to repair or cleanse their gates, footpaths, bridges, or drains. The records still continue to be kept in Latin ; but it is very amusing to find the scribe occasionally inserting in brackets the English equivalent of a Latin phrase, little foreseeing that two centuries later his English would be more perplexing to an English reader than the Latin he interprets. For instance, in 1671 Alderman Wm. Bamsden was fined £3 10s. for an offence thus entered: "pro 11011 escoriando fossu' su' (Anglice, decking his Of the Manor of Tupcoates-with-Myton. 171 dyk)." Now without the explanatory Latin, what should we understand " decking " a dike to he? In another instance the interpretation is much clearer ; as when in 1674 John Hildyard was fined "quia 11011 reparavit jettam nam (Anglice, his jetty)." There is abundant material in these rolls for the addition of a most interesting chapter to our local annals ; hut the difficulties in one's way are prohibitive. The documents being in the custody of the Corporation, the first step must be to obtain the consent of the Property Committee to inspect them. I must acknowledge with thanks to the members of it (whose names I gratefully mention below) ( 92 ) that the committee have never refused me this permission ; but at the same time one has to ask a favour (which is not often a pleasant thing to do), and delay is occasioned. Then, as the documents are (properly enough) at the Town Hall, they must be inspected there under supervision (so as to guard against one's unscrupulous dishonesty) and during office hours, which gives one an uneasy sense that one is intruding and interfering with work. In this way most of the deeds, rolls and documents alluded to in the previous pages have had to be examined, deciphered, translated, and copied during such time as, by the courtesy of my partner, I have been able to extract from business hours, and to the utter sacrifice of the usual summer holiday. I suppose that to ask to be allowed to take a document home, so as to have a night over it, would horrify the official addressed beyond measure, and cause one to be regarded with the darkest suspicion for ever afterwards. I have not ventured on the experiment. I did apply for leave to fac-simile, through Messrs. Goddard & Son, a deed between Eichard and William de la Pole, which I thought would make a good illustration and prove interesting to such as deigned to read this volume ; but as the town-clerk made it a condition that I should enter into a bond to pay £100 if the document were at all damaged, I would not take the risk. And yet this was a deed of no earthly value except to the historian or antiquary, and one probably not looked at once (92) The Property Committee, without whose consent these pages could not have been written, consists of :— Aldermen Leak, Stuart, S. Wootlhouse, and J. T. Woodhouse, and Councillors Hall, Gillett, Lambert, Palmer, T. H. Richardson, and Wheatley. 172 Notes Relative to the Manor of My ton. in a century. I recognize, of course, the responsibility of the officials of the Corporation, and of that august body also, to conserve the records of the town to the utmost of their power, and their right to exercise such caution, and place such restrictions, in giving access to them as they may deem it their duty to do. Nor do I desire for a moment to appear ungrateful for the kindness and courtesy I have personally received, whilst writing these notes, from the mayor, Dr. Sherburn, the Property Committee, the town-clerk, Mr. Hill Dawe, and Mr Wildridge, all of whom I cordially thank. But I do venture to think (privately, to myself) that to any responsible ratepayer, known to be engaged in historial investigation, somewhat greater facilities might be extended by favour of that centre of all authority in such case, the Town Council at large, whose decree would at once absolve all their officers from a responsibility hateful to the official mind. At any rate I say emphatically that under existing circumstances the compilation of such a work as Mr. Frost's " Notices" would have been impossible. Liberavi animam meam ! The author of the collections known as " Warburton's," already mentioned (Lansdowne MSS. 894), and who probably wrote during the early part of the last century, evidently regarded Tupcoates and Myton as distinct manors. What he says of them is worth quoting, although I do not know his authority for the merit he ascribes to Sydney. " S r Will. Sidney," he writes, " was the first that Improvent these 2. They consist partly of Copiehold, partly of Land by Indenture. But when that these two Mannours were come to the Mayor and Burgesses by Grant of K.E. 6, they granted the most part of them in Fee Farm, reserving the Old Ancient Bents, whereupon they soon received £249 lis. 4d., and in Fines of the Copyholds £22 8s. 9d., amounting to the summe of £272 Os. Id. " King Edw. 6 upon the 20th of February in the 6th year of his Beign ( 93 ) granted £50 p' ann' out towards the perpetual (98) This was the date of the Seed in which Edward VI. agreed to give the castle and blockhouses to the mayor and burgesses, and declared that the same should thenoeforth form part of the town of Kingston-upon-Hull. A full transcript of this indenture will be found in Poulson's " Holderness," vol. ii., p. 848. Of the Manor of Tupcoates-with-Myton. 173 repair of the Castle, Blockhouses, Jettys, and Waterworks out of the Mannor of Myton \v h was then worth £97 a year. " Which Manor, with Tupcots and all other Appurtenances, the said King did afterwards give to the Mayor and Burgesses for ever, reserving the yearly Fee Farm of £81 10s. Id. out of the same for Ever. " There hath been at Tupcots," &c, &c. The last relic of the Anglo-Saxon township and Norman vill of Myton vanished in 1771, with the inclosure of what was left of the ancient common pasture called Myton Carr. It was the common pasture of the lordship of Myton, and of the later so- termed manor of Tupcoates-with-Myton, but it had a greater antiquity than either of these latter phrases ; and when it disappeared as a common pasture, it was the evanishment of the last lingering fragment of the A.S. tun, which centuries ago was founded by our remote ancestors at Hull mouth. The inclosure award bears date the 17th day of April, 1773, and is under the hands and seals of John Outram, of Kilham in the county of York, gentleman, and Peter Nevill, of Benningholme Grange in the same county, gentleman, the two commissioners appointed for the " dividing, setting-out, alloting, and inclosing" Myton Carr by an Act of the 11th Geo. III. From the date of Beckwith's survey, when the carr comprised 300 acres " and more," it had steadily decreased in size, owing to inclosures by adjoining owners and by those holding cattle and sheep " gates " within it — appropriations the original unlawfulness of which the lapse of time had cured — until at the period of its final inclosure it con- tained but 170 acres statute measure. The award is accompanied and explained as customary by a map, of which a reproduction on a smaller scale, made by Messrs. Goddard & Son, faces this page. Reference to this map will show within a red boundary line what was left of the carr at the time, and the allotments made to the various holders of property within the manor who were entitled to rights of pasturage, or " gates," upon it. The initial "c" placed against the quantity comprised in any allotment means that such particular lot was to be held as copy- 174 Notes Relative to the Manor of My ton. hold of the manor of Tupcoates-with-Myton ; the initial "f" denotes that the allotment was freehold. Through the carr from east to west runs the Anlahy-road ; on the west the carr is bounded by Galley Clough drain, save on the south side of the road, where Maidenhill closes lie between the pasture and the water-course. Westward again lie Wold Carr and Wold Ings (once upon a time constituting with Myton Carr part of the undivided common pastures of Myton, Anlaby, Swanland, and Ferriby) ( 9 *) ; and in the latter of these, just at the western edge of Maidenhill closes, once was situate the meadow forming Maud Camin's " patrimony of Sevenstanghes." Near the east end of the carr, running northwards from the Anlaby-road, is a lane to which the commissioners gave the attractive name of Pesthouse- lane (the afterwards College-street, then Elm Tree-avenue, and finally Park-street), and which is described in the award as a private road (twenty feet of assize in breadth, exclusive of the ditches) for the use of the owners and occupiers of the adjoining allotments, and leading from the said turnpike-road northwards to and from a gate opening into ancient inclosed land of the lordship of Myton, then the property of the Trinity House. At the same end of the carr, but running southwards from the Anlaby-road, is another private road awarded by the com- missioners and by them termed Pinfold-lane, probably because just where the pinfold stood it turned almost at right angles, so as to lead direct to that useful institution from either end. It is described as thirty feet of assize in breadth, and extending from the north end of Love-lane (the modern Cogan-street) westwards along ancient inclosure of the lordship of Myton to a bridge at the east end of Patrick Ground-lane (which very curiously appears in the plan as " Pattington "-lane), thence northwards along the east side of ancient inclosure and the west side of other ancient inclosure to and from the said turnpike-road. For a reason which will shortly appear the upper or northern part of this lane subsequently became designated Gallows-lane, the lower or eastern (94) At page Gl ante for "Anlaby, Hessle, Swanland. and Kirkella," lead "Anlaby, Swanland, and Ferriby." Of the Manor of Tupcoates-with-Myton. 175 portion only being called Pinfold-lane. These are now respectively known as Great Thornton-street and Waverley-street. It will be observed that the well-known Corporation Field in Park-street is given to them by this award, and contains an area of 3a. 3r. 18p. The Act recited that the mayor and burgesses, as " lords of the manor of My ton " (it is noteworthy that the hybrid term " Tupcoates-with-Myton " is ignored by the Act and award), were seised of the soil of the said common pasture, and required the commissioners to allot to them such parcel of the carr as should be equal in value to 5 acres thereof according to the average value of the whole. The commissioners accordingly awarded them this allotment, declaring that it was equal in value to 5 acres according to the average worth of the whole pasture, and was in lieu of and full compensation for their estate and interest in its soil, " as lords of the said manor of Myton." A further, grim allotment is made to the mayor and burgesses, as "lords of the manor of Myton, otherwise Tupcoates-with- Myton," of 30 perches of land, bounded north and west by Pinfold- lane and south and east by ancient inclosure, "for a Gallows to stand upon," and to be erected and maintained at the town's cost. Upon this piece of land the remains of the gallows-tree were standing within living memory, but it was last put to its dread use in 1778. In the town's first charter (27th Edward I.) it was provided that a gallows might be erected without the new borough on the king's ground, so that the authorities of the town might give judgment of infangthef and outfangthef, that is have power of capital punishment for felonies committed within the liberty by any man, or without the liberty by any native of it. This privilege appears to have belonged to the town down to the date of the inclosure ; the gallows within Myton not being the prerogative or appliance of the lord of the manor, but of the town of Kingston-upon-Hull. The last common land within Myton being now about to be inclosed, the commissioners doubtless felt bound to leave a portion of it available as an execution-ground ; but I cannot understand why the award was made to the mayor and burgesses as lords of the manor, for it was certainly in right 176 Notes Relative to the Manor of My ton. of the town, not in right of the manor, that they enjoyed the high privilege of keeping a gallows. An allotment of 5$,. Or. 5p. will be observed as made to the vicar of Holy Trinity parish, the Eevd. Arthur Robinson. He was entitled to one moiety of the great and small tithes of Myton Carr ; and the Act directed that such an allotment should be made to him as in the commissioners' judgment was equal in value to the annual rent of the whole pasture at Is. 6d. an acre. Accordingly the above quantity was awarded to him and his successors in office for ever. In concluding this section a few words may be said upon the subject of the two highroads from Hull to Anlaby and Hessle respectively, which run through the manor of Myton. It is probable that even in Anglo-Saxon times there would be something in the way of a rough road or beaten track from Anlaby to Myton, and that the same would follow much the direct course of the present road. Between Hessle and Myton communication would no doubt be maintained along the bank of the Humber ; but as all three were berewicks of one manor there must have been some sort of traffic from each to the others. These not being public roads, nor their repair any one's business, would be little suited in after time to serve the convenience or necessities of a growing town ; and accordingly we find the inhabitants of Hull petitioning King Edward (through Richard Oysel their warden), very shortly after receiving their first charter, that public highways might be ordained in like manner as had been done in other towns of royal foundation, because the existing roads were so unsafe and incommodious that no one could approach or leave the town with horses or carts. Upon this petition a commission, dated 10th August, 1302, was issued to William de Carleton and Galfrid de Hotham, authorising them to set out roads leading to and from Hull, and, if necessary, to inquire by juries how such might be made most advantageously, and who, if any one, would be damnified thereby. According to Frost three inquisitions were taken at Hull the following year under this commission ; and as a result, three main roads were Of the Manor of Tupcoates-with-Myton. 177 laid out, one leading direct to Beverley, another to Anlaby, and a third into Holderness. These he describes as " three great roads now in use ; " Gent, too, speaks of the same highways as " very probably those that remain to this time ; " and Hadley and Tickell agree. But as regards two of these, the roads to Anlaby and Beverley, this conclusion seems questionable, at least so far as their present eastern terminations are concerned, and for reasons of which the reader can judge. Frost tells us that the first two, the roads in question, are described in the inquisitions as commencing from the mid-stream of the river Hull, thence passing along Aldgate (through the Beverley Gate of the town) to the Milnecroft ( 95 ), and there separating, each branching off to its respective destination : and the place of departure, the Milnecroft, he places in his sketch-plan of Hull in the 14th century at a point which would now be the north-west angle of Carr-lane and Chariot-street. If, then, these ancient roads were laid out as described, and are in all respects still existing, it would follow that the Anlaby and Beverley-roads were one from Beverley Gate to the point of departure mentioned, and that Chariot-street, Carlisle-street, and Prospect-street are portions of the old highway to Beverley. It is the former of these conclusions which may be disputed, on three grounds. First, the gate alleged to be the point of issue of these two roads from the town was always known as "Beverley" Gate, surely because it was the termination of the highroad from Beverley ; whereas had it been the end of both the western highways to the town, no doubt Anlaby would have had the preference in naming the gate. Secondly, the present road from the west end of St. John-street to Park-street (which latter street was in part the eastern edge of Myton Carr) has always been called Carr- (95) The mill standing within this croft is mentioned in B.B. 2 fo. 92, as sold in 1810 by Arnold de Gretford and Katherine, his wife, to Thomas de Fishlake. Its description certainly seems to corroborate Frost's statement that the roads to Beverley and Anlaby branched off at that point, yet is not inconsistent with the views of the present writer. The words used are " all that windmill with two selions (an uncertain quantity not exceeding half-an-acre, or a ridge) of land lying therewith between land of Sir Richard de la Pole on the west, the way leading to Beverley on the east, a head abutting (" capud buUat") on the way leading to Anlaby on the south, and another head abutting on land of Sir Richard de la Pole on the north." 178 Notes Relative to the Manor of My ton. lane, that is to say the -narrow roadway leading to My ton common pasture, where probably it anciently terminated, and from which point the commissioners carried it on to Anlaby at the date we are alluding to. Thirdly, when the Anlaby Turnpike-road was constructed in 1741 the then existing Anlaby-road commenced at Myton Gate, and from thence ran northwards to the east end of Carr-lane, which somewhat round-about course must, one would suppose, have been its original one ; for there could have been no reason why the direct and simple entrance into the town from this road through Beverley Gate should have been discontinued, if it had ever existed. The present Anlaby-road was constructed as a turnpike one under the authority of the statute 18 Geo. II., cap. IV., which recited that the road leading from the gate of the town of Kingston-upon-Hull called Myton Gate, through a certain lane called Tanhouse-lane (now Waterhouse-lane), and from thence by the Water-House (which stood on the east side of Engine-street) to and through the town of Anlaby in the county of the town of Kingston-upon-Hull, to the end of the middle lane of Anlaby, was. become so ruinous that coaches and waggons and other carriages could not pass without great danger ; and then appointed trustees, of whom the master of the Charterhouse for the time being was to be one, to erect turnpikes, take tolls, and construct and maintain a proper roadway. The reproduction facing this page of Bower's accurate and interesting plan of Hull in 1791, exactly fifty years after this turnpike-road was made, illustrates the above contention, in addition to showing more clearly the course of the Anlaby-road as indicated by the Act. The Hessle-road is a much more modern highway, being not yet three quarters of a century old. Prior to that time so much of the present Hessle-road as runs westwards from Waverley- street (then called Pinfold-lane) to something west of the modern Coltman-street, was a lane called Patrick Ground-lane (frequently alluded to in the early rolls of the manor of Tupcoates-with- Myton) which originally terminated in the fields, but which, sometime Of the Manor of Tupcoates-with-Myton. 179 before 1825, had been continued to Hessle by a road known as Ings-road. Patrick Ground-lane was reached from the town by two routes ; one along the Humber-bank, across Limekiln-creek, through Love-lane (the southern part of Cogan-street) and Pinfold- lane; and the other from Mytongate, through Castle-street, Great Passage-street, and the upper part of Cogan-street, then known as Garden Cottage-row. But on the 10th June, 1825, an Act was passed for making and maintaining a turnpike-road from Hull to Hessle, which recited that the making of a turnpike-road to commence at or near Love-lane in the lordship of My ton, in the county of the town of Kingston-upon-Hull, and to extend west- ward along Patrick Ground-lane, and from thence in a line to and along the Hessle-road (formerly called Ings-road) to and through the town of Hessle, by a street there called Blacksmith's-street, and from thence to the east end of Ferriby, would be a great public advantage and convenience ; and then provided for the appointment of trustees, and the construction and maintenance of the road by means of loans and tolls. In subsequent Acts the Hessle Turnpike-road was stated to commence at the new entrance gates into Brazil-gardens, a place of public amusement which had an entrance and lodge on the north side of the Hessle-road a few yards west of the present Coltman-street. V. OF THE CHANGE IN THE COURSE OF THE RIVER HULL. V. OF THE CHANGE IN THE COURSE OF THE RIVER HULL. UEING the progress of the 13th century a remarkable change took place in the course of so much of the lower Hull as runs south of Sculcoates. Deserting its ancient bed, which gradually silted up, that portion of the stream found its way to the Humber through a new channel, the present one, now known as the Old Harbour, and having its embouchure about half-a-mile further east. The frequent refer- ences made in the Bench Books to " Oldehull," " Alldhull," and the like, as a feature of the locality west of the town, would sufficiently establish this, did not the Liber Melse expressly state the fact. Speaking of the " reliquam partem del Wylc," Abbot Burton describes it as anciently inclosed on the south by Humber and old Hull, the latter then separating the wapentakes of Holderness and Harthill. "But (he proceeds) in process of time new Hull grew to the east of Wyk, whilst the old river became so warped up as to be scarcely worth calling a sewer ; so that now new Hull, a great river which was formerly called Sayercryk, is the boundary between Holderness and Harthill." The only local historian who has made any attempt to enquire into the original course of this part of the river, or ascertain how it obtained its present channel, is the late Mr. Charles Frost, the most painstaking and the ablest investigator into our past annals whom we possess. So careless and slipshod was the method of research employed by his predecessors in the work, that, until he devoted attention to the subject, the old river was represented as flowing to the east, instead of the west, of the modern one. Its present bed, the Old Harbour, was also stated 184 Notes Relative to the Manor of My ton. to have been in former days simply a sewer cut by Saerius (or Saer) de Sutton to drain his Sutton marshes. The first error Frost promptly corrected ; but to the second he fell a victim. On this latter point he appears to have left the safer ground of his own judgment for a dubious acceptance of the hasty con- clusions of his predecessors. Gent, blindly followed by Hadley and Tickell, originated the idea that Sayercryk meant Saer's drain, and ergo that Saer de Sutton made it. Frost remarks upon this — but his use of the word "plausible" is significant — that " the account given by our historians is rendered more plausible from the circumstance of similar ditches having been made through the common pasture of Myton by William de Stuteville and Benedict de Sculcotes, for the purpose of taking off their water from the low grounds of Cottingham, during the reign of King John, when one of the Sutton family of the name of Saer was living." Here Frost must have nodded, even as did Homer. The mere assertion that since new Hull was anciently known as Sayercryk, it was evidently a sewer constructed by Saer de Sutton, too easily obtained his acquiescence as a plausible theory, because he found that about the probable time of such an operation on the part of dead and gone Saer, two other land- owners did actually cut drains from corresponding points to the Humber. Yet this very circumstance appears to be in itself a strong counter-argument ; for whilst the drainage works of De Stuteville and De Sculcotes are duly chronicled in the Liber Melse, not a word is said there about what would have surely been a most notable thing, if Saer de Sutton had dug so mighty a sewer that it subsequently became the channel of a great river. No such explanation of the old name of new Hull is given by Abbot Burton ; nor does he, indeed, suggest any at all. Moreover King John's charter given to Meaux abbey in 1205 shews us that Sutton marsh then belonged to the monks and not to the De Suttons ; whilst the improvements effected in the " water- course called Sayercryk " by Edward the First, who removed from it certain obstructions to the flow of the stream placed by persons claiming rights of fishery and otherwise in its waters, are Of the Change in the Course of the River Hull. 185 inconsistent with the theory that it was previously a private drain. Again there would be vested rights in the old channel of the river which Saer de Sutton would hardly have been allowed to imperil by making a cutting capable of diverting the stream : added to which considerations, a glance at the map seems con- vincing that if Saer de Sutton had desired to drain the upper lands of Sutton (for the marshes belonged to the abbey), it would not have been along the present course of the river that he would have carried his drain. The word " creek " (A.S. crecca) imports an arm or inlet of a harbour, where merchandise may be landed from the sea. As it has been said, " when you are out of the main Sea within the Haven, look how many landing Places you have, so many Creeks may be said to belong to that Haven." It is obvious that in this way the deserted bed of the lower Hull came in after time to be designated " Limekiln-creek," because within it were laden and discharged the stones and lime required and produced by the kilns there. Such a name would never have been attached to a mere drain ; and its use in the term " Sayercryk " irresistibly suggests the truer explanation of an inlet from the Humber ; such an inlet, in fact, as we at once understand to-day by the use of the term "creek." Sayercryk, as its name clearly enough implies, must have been originally a small arm of the Humber; tidal, of course, but kept clear and free from warping either by springs at its head or, more probably, by some drain discharging into it much as the Sutton main drain does into the modern river. Of the first half of the name, " Sayer," two origins may be suggested. It may be a corrupted form of the A.S. word scees, thus scees-crecca, sea-creek ; an etymon not far-fetched when we recollect that Leland speaks of the broad Humber as " Humber- Se," and that the Archbishop of York in certain Quo Warranto proceedings in 1293 claimed that the river Hull was a small arm of the sea ; or remember how frequently in the records of Myton its defences against inundation are termed sea-dike and sea-wall. Or it may have really owed its name to Saer de Sutton, as " Saer's creek," because he may have dug the drain suggested 1 86 Notes Relative to the Manor of My ton. above as a means of keeping the creek open. It must have warped up with Humber mud in the course of time had not a waterway been kept clear by some stream from above ; and although no such event is recorded in the Liber Melse, it is not only possible, but extremely likely, that some lord of Sutton found in the creek an easy outlet for his drains, saving all the cost and labour of carrying them to the Humber. We may readily allow that Saer de Sutton was the very lord of the manor who took this obvious advantage of the existence of the creek ; and that whereas it had previously been nameless amongst men, it was thenceforward known as " Saer's creek " from his apparent appropriation of it as part of Sutton drainage. To this extent we may accept " the account given by our historians" as roughly correct, without admitting for a moment that Saer de Sutton actually excavated the present bed of the lower Hull. Again, as an alternative, the name may have arisen from some special rights or authority claimed in the creek by Saer de Sutton as lord of the adjacent manor of Sutton. Frost tells us that he claimed by inheritance, through a long line of ancestors, the fisheries on both sides of the old Hull ; for many years he was custodian of the port of Hull ; and whether or not the creek in question was any part of the port, he may have insisted on an exclusive right to land goods there toll-free as appurtenant to his lordship of Sutton. If such a state of things ever existed, the origin and propriety of the name " Sayeroryk " are obvious. Of the time when this change in the course of the river occurred we have no certain knowledge, nor how it was brought about. Mr Frost found scarcely room to doubt that it happened soon after the middle of the 13th century, and he attributed it to the effect of the great flood in 1256, when the sea overflowed the whole eastern coast of England, the waters extending locally as far inland as Cottingham. " At all events (he writes) it is certain that the change took place long anterior to Myton and Wyke becoming the property of Edward I., as sufficient time must have subsequently elapsed for the town to have followed, as it did, the scene of its trade." Of the Change in the Course of the River Hull. 187 We must feel a little difficulty in accepting the date assigned by this able antiquary to the change. He is himself scarcely consistent in describing an event which he thinks happened circa 1256, as " long anterior " to Edward's acquisition of Myton and Wyk in 1293, not forty years afterwards ; and as the Liber Melse appears to support his second statement, that the change had happened some time before the king's purchase of the district, we must carry its actual occurrence back to the early part of the century at least, even if not anterior to that. Moreover the phenomenon seems from the account given by Abbot Burton to have been a gradual one rather than the result of a sudden catastrophe He speaks of new Hull as "growing," whilst old Hull was as gradually being warped up, the two channels remaining open together (and forming a delta) year after year, until the older contracted into the dimensions of a mere sewer. One would almost gather from Burton's account that old Hull was in existence as a water-course when he wrote at the close of the 14th century ; but if so, it is curious that no trace of it appears in the old plan of Hull (Cotton MSS. Aug. 1 vol. 1 fo. 80) which is given as the frontispiece to Frost's " Notices," and which he ascribes to circa 1350. It is obvious at a glance that whatever may have been the course of the old river, the stream found in Sayercreek a much shorter, straighter, and more convenient outlet to the Humber. It would also appear from the use of the words " indies crescebat" in Abbot Burton's account of the occurrence, that the waters of the Hull found their way into Sayercreek through a channel narrow at first but gradually widening (however formed originally), whilst as this grew, the same causes closed or obstructed that end of the older bed so as to daily lessen the volume of water descending by it to the Humber. Indeed it could only have been by the loss of the scour from above that the old channel became silted up. The mud-laden tide of Humber at every flow would run up the ancient channel of the Hull, depositing ere it ebbed a layer of sediment, which unremoved by a flow of water downwards, would deepen and widen to the 1 88 Notes Relative to the Manor of My ton. gradual contraction of the waterway. What purpose the old river-bed answered when it had thus ceased to be a channel of the Hull, and why it was found advisable in after years to repair it, is difficult to imagine, unless it were utilised as a sewer for the removal of the surface water from the adjoining meadows and closes of Myton. At the time of Edward the First's acquisition of Myton and Wyk it appears that Sayercreek was a water-course, that is had a flow of water through it from above to the Humber. It must by this time have become the main one of the two channels of lower Hull, as upon it, and not the older one, King Edward fixed for the haven of his royal town and port. We are told that he widened and deepened the bed of the creek ; cleared it of the hurdles, posts, and other hindrances to navigation which the De Suttons and others had placed there in exercise of more or less well-founded rights of fishery, landing goods, &c ; and generally "ameliorated " it so as to make it a harbour for large vessels. Such was the origin of the modern port of Kingston-upon-Hull. It has been hitherto alleged to have commenced its important and far-reaching existence as a mere drain; but the reader must judge how far the legend of so humble a beginning is correct. Like the adjacent lordship of Myton, although at a much earlier date, this port became in time the property of the town, given to it by Kichard II. for the growth and encouragement of its trade, and the advantage of its merchants and burgesses. The royal charter to this effect is a grant "as much as in us lies, to our well-beloved mayor, bailiffs, and burgesses of Kingston-upon- Hull," that they, their heirs and successors, " V cant portum subtus eandem villam, dudum vocat' Sayercryk jam vocatum Hull, in p'p'm annexum mile p'd'c'e, et lib' tat' cjusdcm a Sculcotegote usque medium cursum aque de Humbre ; Ita q'd ips' possint et quil't eor' possit edificare domos, kaias, et stathas infra eandem aquam, in emendacionem, defensionem, salvacionem, et augmentacionem ville p'd'c'e, sive impeticione n'ri vel hercd' n'stror' aut ministror' nostror' quor' cumq'." Of the course followed by the old river it is only possible to Of the Change in the Course of the River Hull. 1 89 speculate ; yet it is interesting to inquire whether it has absolutely vanished from our ken, or left, as one would like to believe, some yet evident traces of its existence. In Mr. Frost's own sketch-plan of Hull at the commencement of the 14th century, which it must always be remembered is a purely theoretical production, though valuable as a concise epitome of the results of his careful and accurate research, he shows in dotted lines a probable course of the old river. It is purely arbitrary, but satisfactory so far as it complies with the only data we have on the subject, viz., that at or through Sculcoates Gote the old river branched off westwards from the present one, and that it emptied itself into the Humber through what was afterwards known as Limekiln-creek. There is no precise evidence on this latter point, so far as the present writer can ascertain, yet the fact is very positively stated both by Frost and Sheahan, whose assertions seem to be confirmed by the silent testimony of the records of Myton and Tupcoates. The old river Hull was certainly the eastern boundary of the berewick and vill of Myton ; and in after times we find the clough at the mouth of the Limekiln sewer or creek regarded as the eastern end of what may be termed the sea-board of Myton. It is clear from the document quoted at page 163 ante that it was the duty of the tenants in Myton lordship to keep out the waters of the Humber from Galley Clough drain on the west to Limekiln drain on the east, evidently the western and eastern bounds of the manor ; whilst it is equally inferable that from the latter point eastward to the walls of the town it was the task of the governing body of Kingston-upon-Hull to prevent inundations. Assuming these inferences to be correct, they almost amount to proof that Lime- kiln-creek was a fragment of the old river which anciently formed the eastern limit of Myton. Another theory as to the original course of lower Hull may be hazarded. The northern boundary of Myton was in part the neighbouring manor of Sculcoates. Assuming that the southern edge of the parish of Sculcoates practically represents the southern limit of the Anglo-Saxon lordship, it will be seen that such limit 190 Notes Relative to the Manor of My ton. from the river Hull to St. John-street is of a most curious and peculiar irregularity. Starting from the right bank of the Hull just south of the Charterhouse, the boundary line is carried west- ward to the limits of God's House, and there falls abruptly and almost perpendicularly south into the middle of the east end of the Queen's Dock. Going westward thence it follows the line of the old north wall to the western end of the dock, whence by another most perplexing irregularity, passing along the back of the Eoyal Institution (to the north of the old bowling green), it gains Prospect-street, and so proceeds westward along that thoroughfare and Spring Bank to Princess-avenue. Now there must have existed in ancient times some obvious reasons for this devious boundary line. It is reasonable to suppose that in their early settlements in the neighbourhood the Engles found in the natural features of the ground the boundaries of their various tuns. Dr. Green remarks on this point that, "as in many of our modern settlements, where population and property have hardly come into being, the boundary line could only be drawn from one natural object to another; " and further, " for the most part the boundary track runs naturally enough from one feature of the ground to another, from the ' marked oak,' along the ' marked eaves,' by the 'border brook,' and over the hero's burial-mound," &c. We can hardly conceive that the ancient boundaries between Myton and the adjoining lordships on the north would be imaginary lines drawn through open fields. One may fairly suppose that in this flat country, with so few distinguishing natural features, water-courses of some sort, brooks, drains, or rivers would constitute the necessary lines of demarcation, the devious windings of a stream alone seeming to account satisfactorily for the extraordinary boundary line in question. It would not, therefore, be unreasonable to ascribe its erratic course to the ancient channel of the Hull in part, and to some tributary rivulet in other part. Yet it is clear that we cannot account in this way for that position of the modern boundary of Sculcoates which runs from the Charterhouse to the Queen's Dock. On the west or Sculcoates side of that line once lay the "messuage with its Of the Change in the Course of the River Hull. 191 appurtenances containing seven acres of land — lately parcel of the manor of Myton," in which Sir Michael de la Pole founded the Carthusian priory. The site of this monastery covered, according to Hollar's excellent plan of Hull, a square area which includes portions of the modern Sykes-street, Mason-street, and Bourne- street, with the land between, all of which are now in Sculcoates parish, whereas their site in 1378 was undoubtedly part of the lordship of Myton. But to have been under any circumstances a portion of that lordship, this ground must anciently have lain east of the old river Hull, and so have formed part of the accretion of territory which Myton received after the alteration in the course of the river ; in a word it must have originally been part of what Abbot Burton calls the " reliqttam partem del Wyk." Hence the old river must have flowed north, west, and south of this area, and cannot have followed the present boundary line of Sculcoates from the Charterhouse to the dock. This conclusion, which is irresistible on examination of the subject, was also come to by Frost, whose imaginary course of the old river is shaped accordingly. But how the existing boundary line alluded to (south of Charterhouse-lane and along St. Mary's burial ground) became fixed, and when, is a nut for local antiquaries to crack. Seeking then to solve the problem of the original course of the Hull, consistently with the data of Sculcoates Gote ( 96 ) and Limekiln-creek, yet upon some intelligible grounds, it may be surmised that, prior to the change, the channel curved to the west through the ancient waterway known later as Sculcoates Gote, and lying north of the present Charterhouse buildings, then again to the south somewhere about Grotto Square, and so to what is now the centre of the Queen's Dock, thence westward again along a part of the site subsequently chosen by our ancestors for their northern wall, to a point somewhere about the centre of modern Engine-street. From thence by a small exercise of the imagina- tion (if such a faculty may have place in the sober regions of history), we can carry the channel into Limekiln- creek through (96) Spelman defines Oors, Gort, or Ouort, as a confined place in a river made for the catching of fish, otherwise called a weir ; Dugdale as a sluice, ditch, or gutter, from the A.S. geOtan, to pour, to gush. 192 Notes Relative to the Manor of My ton. Waterhouse-lane and Commercial-road ; seeing in the curved outlines of those thoroughfares the record of its ancient existence made by the vanished river upon the map of modern Hull. At any rate a glance at such map will demonstrate at least the reasonableness of this theory ; which is, however, submitted as a pure suggestion, perhaps influenced by a futile desire to see still existing some trace of the old river, to discover that, though dead, it yet speaketh, to find however faint an outline of its " footprints on the sands of time." The change in the course of the river Hull is germane to the subject matter of these pages because it effected a material alteration in the size of My ton, for one thing bringing Aton-fee within the confines of the lordship. These notes, consequently, cannot be better brought to a conclusion than by a few words on the limits of the manor before and after that event ; words which the reader will kindly consider as correcting "anything to the contrary hereinbefore contained." On page ii ante the ancient boundaries of My ton are suggested. They may, however, be given here more definitely as the result of further investigation. On the east flowed the old river Hull, which at that time may well have followed the course above conjectured. On the north, from the right bank of Hull westwards, lay the lordship of Sculcoates (so named after its Anglo-Saxon proprietor, Skule, son of Tostig), and the low grounds of the manor of Cottingham ; both, probably, divided in part from Myton by some brook or water-course which preceded the afterward Julian ditch. Southward rolled the Humber ; whilst to the west the common pastures of the township merged into those of Anlaby, Swanland, and Ferriby. The original settlement of the Engles would no doubt be located about Hull mouth, in the little area subsequently known as le Wyk ; and in the immediate vicinity of this would be the pristine ten bovates of arable land, which existed as an actual fact or a legal expression to comparatively modern times. West of the Wyk and plough lands the rest of the township, within the confines just mentioned, consisted of open common lands, pasture and meadow, Of the Change in the Course of the River Hull. 193 moor and marsh, to be in later years gradually "ameliorated" by drainage and inclosure, until the last fragment of them was divided and allotted in 1771 when Myton Carr was inclosed. It is almost certain that the carr originally filled the whole western area of the township from the borders of the lordships of Sculcoates and Cottingham to the Humber, north and south of the road to Anlaby. To the west of it was the common pasture of Swanland, afterwards known as Wold Carr, and that of Ferriby, subsequently styled Wold Ings, separated from each other by the road to Anlaby as appears in the inclosure map ante, but undivided from Myton Carr. This state of things naturally led to abuses ; and as mentioned at page 61 ante, the Liber Melse relates how the men of Swanland invaded Myton common, seizing and carrying off the abbey sheep, until on complaint and payment of 15 marks, Eustace de Vesci placed a boundary between them. Probably this would take the almost inevitable form of a ditch ; so that to the early part of the 13th century we may ascribe the water-course which separated Myton Carr from the Wold Carr and Wold Ings, and which appears on the Ordnance survey as Galley Clough drain. This appears to have become regarded as the western limit of Myton lordship (as it afterwards did part of the western boundary of the borough); although there were once "members appertaining to the manor of Myton " lying westward even of this. Sevenstangs meadow was situate within Wold Ings ; where also was another meadow belonging to Myton, so nearly resembling Sevenstangs in size, and in situation west of the lordship, as to compel a conclusion that they were one and the same field, did not Beckwith's report mention them separately. In that document the former close appears amongst the tenancies from year to year as in the occupation of Thomas Hewett ; the latter being mentioned as " a close of pasture called Mansfield Dale," held under copy of court roll by " certayne men of Hasill." This close appears on the court rolls of Tupcoates-with-Myton in 1659, when it was surrendered by a William Watson of Swanland as "seven acres of pasture in the Wold Ings, in a place there 194 Notes Relative to the Manor of My ton. commonly called Mansfield-dale, otherwise Mowenfield-dale, and commonly reputed to be the fourth part of one dale." It is mentioned again, so lately as 1778, as " the undivided fourth part of a dale of meadow called Mansfield-dale, containing seven acres and one steng, in Wold Ings within this manor." The plan at the commencement of this section is an attempt by the writer to delineate the ancient lordship of Myton as it existed about the middle of the 12th century, when Maud Camin sold it to the monks of Meaux Abbey. The old river Hull is depicted as the eastern boundary, as was the fact, but the course given to it is necessarily conjectural, and simply in accordance with the theory put forward in these notes. For a northern boundary of the township it has been assumed that an ancient stream then existed, flowing from the springs at Anlaby into the river Hull, and following in its eastern portion the present boundary line of Sculcoates parish so as to account for the curious turn that line makes to the back of the Boyal Institution, where seventy years ago it surrounded a bowling-green. If not from Anlaby, such a water-course might certainly have issued from the springs in Derringham Ings ; nor is it unreasonable to suppose that some natural streamlet suggested the idea and course of the new ditch which the jurors recommended to be made in 3 Henry IV. (see p. 143 ante), and which is alluded to in B.B. 2 (2 Henry V.) as " aque cursus que currit de la Sprynghened in campis de Anlaghby p' Darhyngham dyk ( 97 ) usque villat' de Eyngeston sup' Hull." Eastward of the river Hull appears the area which Abbot Burton called the " reliquam partem del Wyk," also known as " Wyk de Hulderness," itself bounded on the east by Sayercryk. This inlet has been drawn as extending northwards to the point where Sutton main drain now enters the present river, on the assumption that in this respect the modern drain follows the course of the ancient one ; and if this be correct, it will be seen how closely Sayercryk approached the old river, and how small (97) The words " Darliyngham dyk" unmistakeably refer to a previous ditch 01 that name, through which the new stream ran. Of the Change in the Course of the River Hull. 195 an obstacle opposed itself to their junction. Within this area stood, with all its potentialities, the town of Wyk-upon-Hull, the name of which Edward the First changed into that of King's town-upon-Hull ; and in the northern part of the peninsula lay the lands which afterwards became the fee of the Atons. The walls of Kingston-upon-Hull, raised in 1322, are indicated upon the plan by a dotted line ; and by the northern one the lands of the Aton family were divided into those within the town and those without, the latter becoming upon the change in the course of the river part of Myton, and constituting the Aton-fee so often mentioned in section III. With this understanding there seems no longer to be any difficulty in regard to the deed set out on pp. 82 and 83 ante, which manifestly referred to lands of the Atons both within and without the town, before the acquisition of " Aton-fee " by Sir Eichard de la Pole. The southern boundary of the vill is Leland's " Humber Se ; " whilst on the west its common pastures merge into those of Swanland and Ferriby. For convenience a boundary line is drawn as separating them, although no such existed until the next century ; but a road from Myton to Anlaby was no doubt as old as the two settlements. West of this imaginary boundary line are placed Sevenstangs and Mansfield-dale, drawn roughly to scale ; the position of the former being probably correct, that of the latter purely conjectural. The site of Tupcoates cottage and its four acres of land is given as just eastward of where to-day Park-street joins the Anlaby-road. The latter was apparently the alta via near Tupcoates mentioned at p. 160 ante ; whilst the frequent reference in the court rolls of Tupcoates-with-Myton to "Tupcoates corner" suggests a junction of two roads. A further clue to the situation of Tupcoates is, moreover, afforded by the mention on the rolls in 1659 of the " angulus de Tupcoates p'pe domu' pestifera," which, taken in conjunction with the name given by the commissioners in 1771 to the road which they awarded at the north-east end of Myton Carr, " Pesthouse-lane," warrants the position assigned in the plan. And, of course, if near the junction of these two 196 Notes Relative to the Manor of Myton. thoroughfares, Tupcoates must have lain to the east because Myton Carr lay to the west. The position of the chapel of Myton is placed in accordance with the identification of its site in note 35 on page 61 ante, and is only reliable so far as the latter is correct. The locality of the salt-pits is arbitrary merely ; whilst the portion of the plan marked as the original ten bovates of Myton, is given on the assumption that the common plough lands of the township would lie in the immediate vicinity of the hamlet for convenience of culture. Grangewyk, where the monks erected their grange, probably under Michael their eighth abbot, will be noticed on the left bank of the Hull, just outside where the gate of the town called Myton- gate afterwards stood. A close of land of this name, and doubtless the same one, is frequently mentioned in the court-rolls of Tupcoates-with-Myton as a close of 14 acres, " commonly called Grangewike or Mount Close, and lying near to Myton Gates," the plural form of the last word being always used. This clue, coupled with the fact that the close in question was situate on the east side of old Hull, is the justification for its position on the plan ; but where it is shown only for reference since it was, of course, no part of Myton as sold by Maud Camin. But the change in the course of the river appears to have considerably enlarged the lordship in legal and popular estimation, especially after the erection of its walls had decided the limits of the town of Kingston-upon-Hull. On reference to the sketch- plan it will be immediately obvious that by the removal of the river south of Sculcoates Gote into Sayercreek, several acres of land (namely those sh6wn upon the plan as lying between the town's walls and the old river), which previously were on the east of the Hull and portion of the " remaining part of Wyk," became transferred, so to speak, to the west side of the river, and needed allocating afresh. No part of Kingston-upon-Hull, nor any portion of Sculcoates, neither did they belong to the ancient lordship of Myton. Yet as regards so much of this no-man's-land as lay north of the town, it is incontestable, both from the Of the Change in the Course of the River Hull. 1 97 existence of " Aton-fee " as a component part of My ton, and the terms of Sir Michael de la Pole's charter of foundation of the Carthusian priory, that it was considered as added to and included in the lordship of Myton ; excepting, perhaps, whatever fraction of the whole was understood by the expression " the liberty of Trippett." Approximately the addition thus made to the area of the lordship, and the whole or part of which formed the Aton-fee of the previous pages, was (including Trippett) such portion of the modern town as is bounded on the south by a line drawn through the Queen's Dock to the river Hull, on the east by the section of the river between that line and a little north of the Charterhouse hospital, on the north by a line drawn from that point to about the entrance of Grotto Square, and on the west by a line descending thence into the centre of the dock. This it must be allowed is inconsistent with the present boundary of Sculcoates parish ; but some future enquirer may ascertain for us why it is so. It is not so clear that the area west of the town was also con- sidered as added to Myton. The 14 acres of Grangewyk of course still formed part of the manor of Tupcoates-with-Myton, as they did until enfranchised in recent times ; but the frequent mention in the Bench Books of lands of the mayor and aldermen on the western outskirts of the town, would rather imply that this portion (excepting Grangewyk) was reputed to belong to Kingston- upon-Hull, perhaps because of an acknowledged necessity on the part of the town to own the soil on its west margin in order to guard against inundations from that side. Apparently, too, some causes connected with the manor of Tupcoates-with-Myton were in operation, since the writer is not aware of any copyhold property of that manor (other than Grangewyk Close) on the east of Waterhouse-lane or Commercial-road, although copyholds exist up to the very west edge of the former street. The same remark applies to the north part of the town, where also no copy- hold property is found ; but in both cases the statement is only made upon a general knowledge of the subject, and not as the result of an exhaustive search of the court-rolls of the manor, 198 Notes Relative to the Manor of Myton. which probably the Corporation would not allow. If true, it is curious to find that whilst the land north of the town's walls, which lay between them and Sculcoates, was considered part of the " manor of Myton," neither it nor any portion of the new land west of the town became part of the copyhold portion of Tupcoates-with- Myton. In short, no part of what is now known as the manor of Tupcoates-with-Myton is found outside the ancient limits of Myton, assuming the course here suggested as that of the old river to be correct. And no doubt the fact that no copyhold property, other than Grangewyk, existed east of Waterhouse-lane or Commercial-road (if well-founded) is almost conclusive that those thoroughfares represent the course of the river which anciently formed the eastern boundary of the township of Myton. It may be finally observed that in Bower's plan of Hull a portion of the land lying between the west wall of the town and what has been suggested in these notes as the ancient course of the river, is marked "Corporation," which somewhat strengthens the inference drawn in the preceding paragraph ; but as against this, some weight on the other side must be attached to the lease of land under the west walls of Hull, made by Earl Michael de la Pole to the mayor and bailiffs in 1408 (see p. 119 ante). It seems more probable that the earl owned this land as part of his lordship of Myton than that he purchased it from those to whom he subsequently leased it ; whilst further, the terms of the demise imply a liability on his part to take such precautions as were necessary to preserve the town from floods on that side. This liability, again, implies an authority over the contiguous lands. CORRIGENDA ET ADDENDA. Corrigenda et Addenda. Page 36. On further consideration, and especially having regard to the comparatively short lapse of time between the Domesday survey and Maud Camin's grant, the erection of the aula should be ascribed to an earlier period. See p. 148. 37. The aula was probably destroyed as suggested at p. 148, or perhaps earlier by the Danes. 38. For a better explanation as to Kirkby's Inquest see p. 122. 41. Note 28. With this read the further definition of forin. serv. at page 56. 42. As to " Sevenstanghes " see also pp. 167 and 174, and further in these Corrigenda. 43. Line 11 : for "eighty" years read " about one hundred and eighty." See p. 95. ,, Line 29 : this quantity may be explained on the assumption that the lordship had already been enlarged by the change in the course of the river Hull. See further in these Corrigenda. 44. As to the actual boundaries of Myton see p. 192. ,, Line 31 : but it must also be remembered that any Anglo- Saxon mill or mills in Myton might have been destroyed by the Danes or Normans. 45. Line 25 : for " three acres " read " three bovates." 48. As to the erection of the aula see p. 148. 51. Line 13 : the word " Wye " will, however, equally bear the meaning of villula or hamlet without affecting the force of Maud Camin's grant. The wyk of Myton may have been the village of Myton, in the sense of the immediate site of the original settlement, the more thickly populated part of the vill, just as well as the harbour of Myton. In the word " Grange wyk " the second syllable clearly means an inclosure; and the " Wye de Mitune" may signify the 202 Notes Relative to the Manor of Myton. Paqb inclosed portion of Myton, wherein the bulk of the inhabitants dwelt. 61. Line 3 : for " Hessle, Swanland, and Kirkella," read " Swanland and Ferriby." 62. It appears that this grange did not " fall into ruins," but was pulled down by Sir William de la Pole. See p. 151. 74. As to King Edward's Manor-House see p. 149. 80. For the deed of partition of the manor see p. 139. 82. For an explanation removing the difficulty expressed here as to FitzHugh's deed, see p. 195. 85. Note 48 : for "permitted — to do so" read "permitted — to make the requisite research." 89. Line 13 : for a removal of this obscurity see pp. 122, 195, 197, and the sketch-plan at the commencement of Part V. 90. Fuller consideration has removed any difficulty in delimiting "the district which a few centuries ago was known as Myton ; " and the sketch-plan already mentioned may be taken as giving the area and outlines of ancient Myton with reasonable accuracy. See also pp. 192 and 196. 91. Line 20 : also pp. 92 and 93. It is clear that it was Aton-fee which was held of De Mowbray ; and the mill mentioned here must have been that which stood on the north of the town. 106. Line 18: for "impossible now to say" may be read " hereafter explained." iUon-fee undoubtedly became added to the area of the lordship as a result of the change in the course of the river Hull. See pp. 123 and 195. 107. The statement that King Edward acquired all the district comprised within the topographical term " Myton," is corrected at p. 123. ,, Line 33 : this statement that the ten bovates were in demesne is confirmatory of the views expressed at page 152, and also, to some extent, of the position of Tupcoates on the sketch-plan. 109. It would seem from the terms of this lease that some 30 acres of meadow in Wold Ings, the common pasture of Ferriby, Corrigenda et Addenda. 203 Page were appendant to the lordship at this time. See p. 193, and sketch-plan. 113. ) The names "Aldgate" and " Aldburghstathe " are Anglo- 114.) Saxon and suggestive of a considerable antiquity. Sheahan says of the former that it is supposed to have been the boundary between the ancient parishes of Hessle and Ferriby. Now unless the whole story of the alteration in the bed of the river Hull is a myth, " which is absurd," it is undeniable that before such alteration both were in the " reliquam partem del Wyk," the peninsula between old Hull and Sayercreek. But if so, to where and from whence was Aldgate a road, and by whom and for what was Aldburghstathe used? This is one of the problems of which the history of this district is full. Possibly the two imply a much earlier date for the change in the course of the river than Frost suspected, or the present writer has ventured to suggest. Otherwise it is not easy to account for an "old way" and an " old town staith " in Kingston- upon-Hull. Frost gives only 37 years between the diversion of the waters of the Hull into Sayercreek and the change of Wyk into Kingston-upon-Hull. 121. Lines 32, 33, &c. : the assertion " prior to Maud Camin's charter " is based on the assumption that her deed has been correctly read as giving the arable land of Myton in her day at 14 bovates, to make which quantity intelligible we must assume that the original ten bovates had already been added to by four at least. As this accretion could only have come about from the change in the course of the Hull, either (a) her deed has been misread in this respect, or (b) a still earlier date must (and perhaps rightly) be ascribed to the change in question. 122. Kirkby's Inquest must have related to Aton-fee only. 124. Line 29 : for " Sir William " read " Sir John." 129. Note 72 : Eiddell's certificate is justified at p. 169. 133. Line 3 : on the inclosure of Myton Carr an allotment was made to the vicar of Holy Trinity in lieu of the tithes of 204 Notes Relative to the Manor of My ton. Page the carr. Where and what Myton West Ing was cannot now be certainly ascertained, nor why it was tithable to St. Mary's church. Probably it was some meadow land lying north of the then carr ; but inasmuch as it was outside the town, it could hardly be within St. Mary's parish. 144. This is quoted from an extract, not from the original ; and according to Frost this mill was accounted for in Edward de Ebor's, not Oysel's, return. See p. 70 of his " Notices." 149. It is possible that Myton grange was built after the river Hull had been diverted into Sayercreek, and stood on the west side of the town of Wyk-upon-Hull. Indeed it is not unlikely that this was the case, having regard to what has been said before in these Corrigenda as to the date of the change. 151. Line 12: for "49" read "69." ,, Line 31 : the site of Tupcoates cottage and inclosure on the sketch-plan of Myton is probably correct. See p. 195. 153. Note 86 : there can be no doubt that after the gift of Myton lordship (or the manor of Tupcoates-with-Myton) to the town of Hull, the mayor and aldermen granted out much of its soil in free socage, at an annual rent, making suit of court an express condition or incident of the tenure. See the quotation from Warburton at p. 172, and with it read the excerpt from the court-rolls about Alderman Peck's mill at p. 102. 154. The first mention of the straw appears on the court-rolls in 1775, where the memorandum of a surrender is set out verbatim and expressly states that the surrender had been made by a straw " according to the custom of the manor." 159. Line 35 : for "(illegible)" read "bricks," it being with them that Mason obstructed the highway, as appears from a separate record kept by the steward of these amercements. 162. Line 10 : it was intended when these words were written to present as an illustration a reproduction of a large and excellent plan of the lordship of Myton in modern times, Corrigenda et Addenda. 205 Page belonging to Mr. Geo. Fryer, C.S.I., of Hull ; but it could not be satisfactorily reduced. 167. Line 12 : this paragraph should have been preceded by the statement (without which it is not sufficiently intelligible) that Beckwith mentions amongst the " ten'nts at will " one, Thomas Hewett, as holding at the annual rent of 106s. 8d. a " closse of pastur called 'Seven Stagnes,' conteynyng vij acres, and twoo other closses called ' Maydenhyll,' conteynyng vj acres." ,, Line 19 : there is reason to doubt this conclusion as to the stang. The word appears in Ogilvie's Imperial Dictionary as a rod, pole, or perch ; a measure of land ; a long bar or pole ; from the A.S. stang, steng. It was not, therefore, a purely local term, nor could its size at all approximate to an acre. And yet Sevenstangs (which could only be so- called from its size) is stated in De Sutton's survey to contain 12 acres (see p. 78), and in Beckwith's certificate to contain 7 acres. It will be observed that Mansfield- dale contained an area of 7 acres and "1 steng" (see p. 194) ; and in a deed of 1739 relating to land at Ferriby, I find part of the property conveyed described as " all those 9 acres and 3 stengs and a half of meadow lying in Would Ings in the parish of North Ferriby." From all which considerations it would appear that there can be no (apparent) connection between the name of Sevenstangs and the quantity of seven acres. 170. Line 36: in a later roll " escoriando" is more intelligibly translated as ' ' (Ang' — bottom-scowering) . ' ' Other instances may be given of this odd habit of occasionally explaining in the text the Latin words used by the scribe. Thus " agualicxdum ligneum {AngV — wooden trough) ; " " cataracta (AngV — vocat' Limekiln Clough);" and another Latin phrase is given as " (Anglice — annoying the spring water with soap-suds)," in a case where some reckless matron was fined for emptying her wash-tub into the spring ditch near the site of the present Eoyal Infirmary. 206 Notes Relative to the Manor of My ton. Page 183. The century here stated as that in which this change occurred is given on Frost's authority. The sketch-plan of ancient Myton is also based on his opinion that the alteration did not take place till long after the time of Maud Camin's grant. But there are some indications, as stated before in these Corrigenda, that the change may have been of much earlier date than Frost supposed. 184. Line 24 : so much of this counter-argument as rests upon the mere fact that the drainage operations of De Stuteville and De Sculcotes were chronicled in the Liber Melse, may be discounted by the reflection that it was perhaps the occupation by them during the progress of their works of the common pasture of Myton, which suggested the entry of the matter in the abbey records. 198. It is curious that in 1655 the court-rolls mention a messuage and garth in Mytongate in Kingston-upon-Hull as held of " the lords of this manor; " whilst on several occasions during the 18th century the court is stated to have been held at the sign of the Black Boy in High- street within the manor. We can only understand these state- ments, which attribute an entirely fictitious extent to the manor, on the ground of some confusion between the offices of the mayor and aldermen as such and as the lords of Tupcoates-with-My ton . «M» NOTE. A very interesting clue to the situation of the ancient her- mitage of Myton, of Sevenstangs, and of Maidenhill Closes, is afforded by a description of the three contained in a release dated the 15th day of October, 1698, and discovered after this volume was finished. It is evident from this form of conveyance that the three properties were of freehold tenure, which confirms beyond question the writer's surmise at p. 166 that the tenants at will mentioned in Beckwith's report were not copyholders in bondage but ordinary tenants from year to year of freehold portions of the lordship. It would appear from the description in question that the hermitage stood somewhere in the south- west corner of Myton, and in what a few centuries ago would be a remote and lonely part of the manor. It is also inferable that in ancient times theAown gallows stood on the Humber bank at the extreme tini ii il iii ' i n Timit of Myton, so as readily to give its grim name to the clough at the river end of Eustace de Vesci's boundary watercourse, subsequently called Galley Clough (an obvious contraction of Gallow's Clough) drain. It is also clqar from this deed that the Sevenstangs of later times lay -wwsb of this sewer and, consequently, wholly within Myton ; and an explanation of the substantial difference between the twelve acres given as its contents in John de Sutton's inquest (p. 78) and the seven acres certified by Beckwith (page 205) may lie in the fact that of its pristine area five acres lay in Wold Ings proper and seven acres in Myton proper, the former portion gradually losing its separate identity, and becoming merged in the Ings. A point discussed at p. 204 is also cleared up by this deed, from which it appears that Myton Ings lay south not north of Myton Carr ; and the West Ing would of course be the 208 Note. meadow nearer to the Wold Ings of Ferriby. The description alluded to runs as follows : — " All that close or ground called the Armitage close whereon the howse called the Armitage howse late stood, with two little closes called Pighills to the same adjoineing, And those three other closes or pastures neere adjoineing alsoe, whereof one is called Seaven Stengs, now or late divided into severall parts, another called Coate close, And the third called Maiden Hills, as the same closes and grounds lye together within the Lordshipp of Myton, al's Tupcoates cic' Myton in the saide county of the towne of Kingston-upon-Hull on south side or south part of Myton Carre, extending in lenth from the s'd com'on called Myton Carr on the north part unto a certaine p'cell of ground called a floate Pighill and the greate groaves lying upon Humber at the south p'te, and abutting towards the west upon the com'on sewer running to Gallowclow, And towards the east in p'te upon Myton Carre and in other parts upon the grounds called Myton Inges and Pattricke groundes, And alsoe com'on of pasture for two hundred sheepe called two hundred sheepegates in Myton Carre." Eeferences will be found to Sevenstangs (which has been accidentally omitted from the Index) on the pages following, viz. : an inclosure mentioned by Maud Camin, 42 ; situate in Wold Ings, 78 ; a sheep-pasture, 94 ; its situation discussed, 167, 174, 195; etymology of name, 205. postscript™. As it is not likely that a second edition of this work will ever be issued, the writer wishes to send out with it the following observations which have occurred to him since publication, and which throw light upon points discussed in Section III. as difficult of comprehension. As to the ancient Aula of Myton. Mr. C. H. Pearson remarks in his " Historical Maps of England " that " the manor before the Conquest was a property with a court of justice for those who lived on it ; " and again, " the hall was not indispensable to a manor if its owner had one elsewhere." It would therefore seem a most reasonable and suitable theory to assume that Myton had passed through the stage of self- governing township into an estate under a feudal lord (see p. 12), who had had a Mote-Hall thereon. Subsequently the estate or manor of Myton had been acquired, like Hessle, Anlaby, &c, by the owner of the township of Ferriby (either Lady Algitha, or some predecessor in title), who had thrown the whole into one great manor, reducing Myton, Hessle, and Anlaby, &c, to berewicks, the head-quarters and Court-House being fixed at Ferriby, so that the out-lying Aula (such as that at Myton) had been allowed to fall into decay. I prefer this view to that expressed on p. 148. Page 82. — Fitz Hugh's deed. This deed may have been simply a link in the chain of title prior to the acquisition of " Aton-fee " by Sir Bichard de la Pole. There is no doubt he took that portion of Myton by purchase ; very probably from this same Hugh le Taverner. This removes all difficulty in the matter. Page 91. — On thorough consideration it is clear that Sir Eichard de la Pole did not acquire his brother William's moiety of the lordship of Myton, nor ever owned more than the portion he took in severalty under their deed of partition (see p. 139) ; but which, of course, he added to by his purchase of Aton-fee. Thus the Postscriptum. words of the jury, quoted on p. 87, about the release of William's interest to Eichard, must be read as referring only to the partition, and simply meaning that of the five bovates of which Sir Eichard died seised, he died solely seised. Understood thus the matter becomes clear at once. The five bovates held by Sir Eichard of the king were his specific moiety of King's-fee ; and what he held under De Mowbray was what he had purchased, viz., Aton-fee, which originally had been portion of the fee of De Stuteville (see p. 106). What the writer urges on p. 92 was written under a reading of this Inquisition (evidently erroneous) as implying that Sir William de la Pole had sold his half of the manor to his brother. Page 93. — Deed of William de la Pole, junr. This deed very clearly is a disposition of all the local property which the grantor had inherited from his father. It will be seen, on careful perusal, to relate to the five bovates (or moiety of King's-fee) and other portions of the lordship of Myton which Sir Eichard had taken under the deed of partition, plies Aton-fee and whatever else Sir Eichard had acquired by purchase. Thus the five bovates of arable land in Myton, the windmill on Humber side, Crooked- cotedale, and Sevenstangs, he took under the partition ; and all that the deed describes as "of the fee of Aton," with the windmill on the north of the town, he had acquired by purchase. This appears beyond question when this deed and the deed of partition are read together. Again, there is no necessity to see in this deed a mortgage, or anything other than an absolute disposition of the property. Taken in this light it amply accounts for the subsequent ownership of all Myton lordship by the younger branch of the family. What Sir Eichard had owned, his heir immediately sold, and Sir William subsequently bought : and this grant may simply be one of the prior title deeds to that portion of the property. The writer has till now failed to appreciate the full suggestiveness of the reference in this deed to the buildings and dovecotes erected on Tupcoates close. This is really an un- mistakable indication that the manorial buildings at Tupcoates were originally erected by Sir Richard de la Pole, and not by Postscriptum. Sir William. There was nothing unusual in this. The brothers having divided the lordship betwixt them, each was entitled to have his own Manor-House. The existing Manor-House, the monks' grange, was allocated by the deed of partition to Sir William, being clearly what is described in that deed as " the site of the manor of Myton, with the houses, &c, thereon." Sir Eichard, therefore, erected one for his moiety of the manor at Tupcoates. What led him to choose that site ? Very probably because Tupcoates close (though degenerated into a mere sheep- fold) was the site of the ancient Aula of Myton, " the toft in ivhich the Hall once stood " of Maud Camin's charter. Pages 151 and 69. — The Liber Melse is too general and mis- leading where it states that Sir William de la Pole removed the manor buildings from Grangewyk and rebuilt them at Tupcoates. Assuredly what Sir William did, when he had acquired the ownership of the whole lordship, was to adopt Sir Eichard's Manor-House at Tupcoates as that for the entire manor, thus depriving the grange of any manorial character, and marking the new order of things by enlarging the buildings at Tupcoates out of the materials of the abandoned grange. This promotion of Tupcoates from its junior rank of Manor-House for half the lordship to the senior position of Manor-House for all Myton, vice the grange deposed, throws additional light on the expression " Tupcoates-with-Myton." Page 152. — The writer's surmises as to why Sir William selected Tupcoates are rendered unnecessary by what has been said in this postscriptum. As to the existence of villeinage in Myton. Mr. C. H. Pearson remarks : " In Yorkshire and Lincolnshire there were no slaves at the time of the Domesday Survey. The socmen, who may be called a yeomanry or free peasantry, belong especially to the north and east counties." GENERAL INDEX. GENERAL INDEX. Note. — The figures in parentheses refer to the notes, the others to the pages. Acreage of My ton, 168. Aldburghstaithe, mentioned, 114 ; and see Corrigenda p. 203. Aldgate, ancient street, 113 ; also portion of ancient highways, 177 ; and see Corrigenda p. 203. Algitha, Anglo-Saxon lady of Myton, her descent, and possessions, 33. Anlaby, foundation of, 19 ; berewick of Ferriby, 32 ; also mentioned as a manor, (22) 32. Anlaby Carr, 142. Anlaby Boad, raised against floods, 142 ; of ancient date 176, original course from Hull, 178. Anlaby Turnpike Eoad constructed, 178. Apprentice-at-law, counsel to Earl Michael de la Pole, 117, definition of, (64) 117. Archery Butts, see Butts. Area of Myton, anciently, 32 ; dis- cussed, 43, 44 ; reference to original area, 73, 80 ; increase of, 90 ; referred to in ancient fine (53) 91 ; further discussed, 106 ; as certified by Mayor Biddell, 129 ; extent of in acres, 168 ; more fully defined, 192. Assize, rents of, belonging to De la Pole family in Hull, also defined, 112. Aton, Sir Gilbert de, part of Myton of his fee, and deed relating to, 82 ; his lineage, 84 ; hold all the fee of De Vesci in Myton (50)89 ; referred to, 122. A ton-fee referred to as part of Myton in the Inquisition after the death of Sir Richd. d. 1. Pole, 88 ; dis- cussed, 89 ; referred to in deed of Wm. d. 1. Pole, junr., 93, remark thereon, 98 ; holden of Sir John de Mowbray, 106 ; mentioned in a deed of Earl Michael d. 1. Pole, 118 ; discussed, 121 ; added to Myton lordship by Sir Bichd. d. 1. Pole, 123 ; brought within Myton by change in course of river, 192 ; Augmentations Court of established, (76) 131. Aula, Mote-Hall of Myton, 36, 37 ; referred to in Maud Camin's charter, 38 ; its situation discussed, 47, 74 ; when built, 148 ; and see Corrigenda p. 201. Beckwith Leonard, his certificate as to Hull and Myton, 131 ; biographical particulars of, (75) 131 ; his report as to Tupeoates-with-Myton, 165. Benhale, Edmund de, grant of Myton to by Wm. d. 1. Pole, jnnr., 95. Benneyr, Bobert de, 53, 54. Bercharies in Myton, 76, 83, 160. Berewick, Myton mentioned as one in Domesday Book, 32 ; definition of, 147. Board, contrasted with Table, (17) 23 Bolton, Bobert de, (63) 117. Bondage, enormous rent of a cottage in b. in Myton, 89. Bond tenants in Myton, 88. Borough English custom of, 9. Boundaries of Myton lordship of old, 44 ; to-day, 168 ; ancient more fully defined, 192. Bovate of land described, 33. Brazil Gardens, commencement of Hessle Boad, 179. Breton de Buggethorp, Ralph, 54. Bricks, obstruction of highway in Myton by, 159. Brickyard of the De la Poles in Myton, 77, 114. Bryge-bot as an incident of tenure, (27) 41. Burgage, remarkable grant of free b. to the citizens of Wyk, 137. Burg-bot as an incident of tenure, (27) 41. Butts for archery in Myton, 113. Camin, Maud, or Matilda, inheritrix of Myton, 33 ; her grant of it by charter to the monks of Meaux Abbey, 38. Camyn, Lambert, 54. Carr-lane, ancient road to Myton Carr, 177-8. Carthusian Priory in Myton, reference 2IO General Index. to its history in the Liber Melsc, 47 ; founded in 1378, (66) 119 ; position of its site in modern Hull, 191. Carucate of land, quantity of, 32. Certificates as to Myton, see Beckwith, also Kiddell. Charters as used by the Normans, 102. Charterhouse Hospital founded in Myton, (6(3) 119. Children, sale of, amongst the Saxons, (3) 8. decking a dyke in Myton, 170. Colthorp's Chantry, sale of lands in Myton to, 119. Commercial Road, part of course of old river Hull, 192. Compotus, Waley's, of the Hull and Myton properties of the De la Poles, 111. Compotus of Wm. de Wroteham as to port of Hull, 137. Copyhold tenants of Tupcoates-with- Myton temp.. Hen. VIII., 165, 169. Copyhold tenure, its origin, 7, 10 ; transfer of copyhold property how conducted, 154. Corporation Field, allotment of, 175. Cottage in bondage in Myton, 88. Cottages in the township, 91. Cotarii, rents of in Myton, 143. Cote, definition of, 150. Cottingham, drainage through Myton, 184 ; a northern boundary of Myton, 192. Court Baron of a manor, 6 ; essential to a legal manor, 155 ; its powers, 156. Court Leet of do., 6 ; established at Tupcoates by Sir Wm. d. 1. Pole, and its authority, 156. Court of Myton, alleged ancient, 74, 75, 148. Court Hall manor in Hull (Suffolk Palace), 110, also (59; same page. Court of Tupcoates-with-My ton estab- lished by Sir Wm. d. 1. Pole, 154 ; its nature and powers, 156 ; ex- pressly mentioned in Beckwith's certificate, 168 ; titles of this court at various periods, 157, 158, 160, 161, 163, 164, 170. Court Polls, see Tupcoates-with- My ton. Creek, definition of, 185. Croft, definition of, (26) 41. Crown, past grants of to subjects discussed, 116. Customary Court of a manor, 6. Deeds relating to Myton : grant by Maud Camin, 38 ; grant of manor to brothers Be la Pole, 78 ; their agreement to divide the manor, 81 ; grant by Robert FitzHugh of lands of the fee of Aton, 82 ; release to the brothers De la Pole of the king's rent-charge, 86 ; grant of lands in Myton by Wm. d. 1. Pole, juur., 93 ; remarks thereon 96 et seq ; release by Wm. d. 1. Pole, junr., of a tenement in Myton, 102 ; lease of the whole or part of the lordship by Sir Michael d. 1. Pole, 109 ; grant by his successor relating to Aton-feo, 118 ; deed of the prior and convent of St. Michael's relating to the Colthorp chantry, 119 ; leaso for 100 years of land in My^on to mayor, &c, of Hull, 119 ; grants by Sir Wm. d. 1. Pole, duke of Suffolk, relating to the manor of Myton and King's- fee, 124 ; grant of the lordship to Sir Wm. Sydney, 130; to the town of Hull, 133 ; grant of free burgage to the inhabitants of Wyk by Archbp. Gray, 137 ; deed of partition of the lordship between the brothers De la Pole, 139. Beed Poll defined, (54) 93. Deirans, tribe of Engles, first enter the Humber, 17 ; early kingdom of, 18. De la Pole (lords of Myton) — Richd. and Wm. petition Edward III. for a grant of the manor, 77 ; inquisi- tion in consequence, 77 ; grant of the manor to them, 78 ; divide the lordship between them, 80 ; notice of prior deed, 81 ; deed of partition, 139 ; their release from the crown's rent-charge, 86 ; death of Sir Richard d. 1. P. solely seised of the lordship and Inquis. p. m„ 87 ; remarks on the inquisition 88 et seq ; Aton -fee added to Myton lordship by him, 123 ; death of Sir Wm. d. 1. P. solely seised of the lordship, 104 ; Inquis. p. m., 105 ; court established by him at Tup- coates, see Court of Tupcoates. William, jdnk., grant affecting Myton, 93 ; discussed, 96 et seq; his seal, 103 ; death and Inquis. p. m., 104. General Index. 211 Dame Katherine, fined for entering into possession of My ton without the royal license, her death, and Inquis. p. m., 108. Sir Michael (the first), his succession, career, death, and Inquii.p. m., 108; lease of Myton by him to John do Hedersete et al., 109. Sir Michael (the second), his inheritance, 109 ; his petition for his rights in regard to Myton, 110 ; evidence of immediate restitution, 107 ; Compotus of his Hull and Myton properties, 111 ; grant of Aton-fee to Eobt. de Bolton et at, 118 ; lease to the mayor, &c, of land in Myton, 119 ; his death and Inquis. p. m., 120; title of his court at Tup- coates, 157. Sin Michael (the third), his death and Inquis. p. m., 120 ; his fatherless daughters robbed of their inheritance, 124. •Dame Katherine (widow of the second earl), her death, and Inquis. p. m., 123. Sir William (afterwards duke of Suffolk), inherits, 124 ; grants by him relating to Myton and King's-fee, 124-5 ; his death, and Inquis. p. m., 125. Alice (dowager duchess), title of her court at Tupcoates, 158. John (second duke), his politic marriage and restoration in blood, 126 ; his Hull and Myton rental, 126-7 ; death and attain- der of his heir, 127 ; his death, 128 ; title of his court at Tup- coates, 161. Edmund (fifth earl), " londes in Mitton " restored to him, 128 ; his death, and inquisition as to his Hull and Myton proper- ties, 128 ; last of his line to be lord of Myton, 129. Demesne lands described, 4 ; King's- fee in Myton of this nature, 105 ; probably so constituted by Sir Wm. d. 1. Pole, senr., 152. See also Corrigenda p. 202. Ditches in Myton as defences against inundation, 141 ; attacks on by the Usflete family, 142 ; new one to be made through Myton Carr, 142 ; Julian ditch, 143 ; regulations as to in Tupcoates-with-Myton, 163. Domesday Book, reference to Myton in, 32. Drains, occupation of common pasture of Myton for drainage purposes by Wm. de Stuteville et al., (34) 61 ; supposed construction of Old Harbour as one by Saer de Sutton, and remarks thereon, 184 et seq. ! Dugdale's " Imbanking and Drain- ing," 141. Dymelton, John de, lessee of Myton, 109. i East Ing of Myton, 166 Ebor, Edward de, warden of Hull and Myton, 70 ; extract from his accounts, 143. Edina, Eddiva, or Edith, A.S. lady of Myton, see Algitha. Edward I. acquires Myton and Wyk, 67 ; changes name of latter to Kingston, 69; purchaser of King's- fee only, 123, (85) 149. Edward II. appoints Sir R. de Hastang, warden of Hull and Myton, 70 ; his Manor-House at Myton, 74, 149 ; " ameliorates " Sayercreek, 184, 188. Edward III. grants Myton to the brothers De la Pole, 78 ; his letters- mandatory to the townspeople of Hull in reference to their fee- farm rent, 85 ; releases Myton rent- charge, 86. Edward VI., grants Tupcoates-with- Myton to the town of Hull, 133. Eland, Sir John, freeholder of Myton, his close in Myton Carr, 165. Elizabeth (Queen), her exemplification of Beckwith's certificate, 131. Engine-street, site of waterworks, 178. Engles, first enter the Humber, 17 ; original settlers at Hull mouth, 19, 192. Escheat, incident of feudal tenure, 13. Fee Farm of Hull created, 71 ; letters- mandatory of Edward III. relating to, 85. Ferriby, a manor at the time of Domes- day Book, 32 ; common pastures contiguous to those of Myton, 192 ; judgment in favour of prior of in regard to moor and marsh lands in Myton, 90; trespass of people of upon Myton Carr, 159. 212 General Index Fine, mode of legal assurance, defined (53), 91 ; origin of as an incident of copyhold tenure, 153 ; inflicted for divers offences within Tup- coates-with-Myton, 156, 159, 100, 170, 171 ; and see Corripenda p. 205. FitzDien, Hull family of repute, 85. FitzHugh, Robert, deed of relating to lands in Myton of the fee of Aton, 82 ; discussed, 81 ; difficulty as to removed, 19. Flinton, Roger de, 54. Followers, or suitors, of a court-baron, (86) 153 ; of the court at Tupcoates, 155, 161. Forinsecum Servitium, defined, (28) 41, 56. Fortibus, Aveline de (36) 67. Frankalmoigne, a feudal tenure, (27)41. Frankpledge, view of, an ancient jurisdiction, 6 ; the court at Tup- coates so called, 155, 161, 164, 170. Freehold tenants of Myton as suitors of the court at Tupcoates, 155, 165. Friars, Dominican, wrongfully remove turf from Myton Carr, 159. Frost's "Notices" quoted; plans of Hull, 27 ; Maud Gamin's charter, 38, 42 ; the ancient aula of Myton, 47 ; town of Myton, 50 ; Meaux register, 53 ; court of Myton, 74 ; pedigree of the De la Poles, 104 ; new tilery, (62) 114 ; old roads to Anlaby and Beverley, 176 ; change in the course of the Hull, 183 ; as to Sayercryk, 184 ; date of the change in the river, 186 ; its ancient course, 189. Fyrd, incident of ancient tenure, (27) 41. Galley Clough Drain, an ancient water-course, ! 83) 143; boundary of Maidenhill closes, 162 ; a limit of Myton, 163 ; probably con- structed by Eustace de Vesci, 19. Gallows, allotment to mayor and burgesses for site of, 175. Gallows-Lane, former name of Gt. Thornton-street, 174. Gaming within Myton, fined, (87) 156. Godiva Lady, ancestress of Algitha,34. Gote defined, (96) 191. Grange of Myton, its site, 46 ; theory as to its character, 48; papal bulls relating to, 49 ; probable period of erection, 65 ; its situation, 74, 149 ; removed to Tupcoates, 46, 69, 151 ; a grange defined, 148. Grangewyk, the inclosure in which Myton grange once stood, 46, 69 ; a close of pasture land at time of Beckwith's survey, 165 ; site of, 48, 196 ; a portion of the copyholds of Tupcoates-with-Myton, 19 ; name of a sewer in Myton, 161. Gray, Archbishop, his grant of free burgage to Wyk, 137. Green Dr., quotations from his " Making of England," the Anglo- Saxon tun, 20, 22 ; its usual boundaries, 190. Hall, ancient one in Myton, see Aula. Hastang, Robert de, warden of Hull and Myton, 70, 72 ; his public services, (40) 73; unroofs a messuage in Myton, 76 ; releases his interest in the manor to the brothers De la Pole, 81. Hedersete, John de, lessee of Myton, 109. Helleward, Walter, 85. Henry VIII., his grant of Myton to Sir Wm. Sydney, 130 ; resumes possession of the lordship, 131 ; his assumption of the title Fidei Defensor, (78) 132 ; title of his court at Tupcoates, 164. Hermit of Myton, his ill-doings, 159. Hermitage of Myton, 159, 168. Herons, probable denizens of Myton. 165. Heron Closes, meadows in Myton, 168. Hessle, berewick of Ferriby manor, 32 ; also mentioned as a manor, (22) 32 ; dispute between vicar of and Meaux Abbey as to the tithes of Myton, 59, 61 ; turnpike-road to constructed, 179. Holderness, origin of name, (12) 17. Holy Trinity, vicar of, his award in lieu of the tithes of Myton, 176. Hull River, change in its course, and new Hull of old called Sayercryk, 46 ; account of the change given by the Liber Melse, 46, 183, 187 change followed by the houses forming Wyk, 51 ; supposed period of the change, 186, and see Corrigenda p. 203 ; course of the old river according to Frost, 189; alter- native theory, 191; My ton enlarged by the change, 196. Humbercote, a berchary in Myton, 76. Humbercroft, a close in Myton, 109. Humber Field, another close, 166. General Index. 213 Imparcamentum defined, (55) 95. Inclosure of Myton Carr, 173 ; re- marks on plan of, 174. Income of De la Poles from Hull and Myton property, 11G. Indenture defined, 93. Inquest, see Kirkby. Inquisition into state of Myton, 75 ; do. and first mention of Tupcoates, 76 ; taken by John do Sutton prior to the grant of the lordship to Rd. and Wm. d. 1. Pole, 77 ; ad quod damnum relating to Myton, 143 ; Eiddell's inquiry after the execu- tion of Edmund d. 1. Pole, 128 ; as to heirship of hereditaments in Tupcoates-with-Myton, 158. Inquisitions Post Mortem — Rd. d. 1. Pole, 73, 87 ; same discussed, 88 et seq ; Wm. d. 1. Pole, junr., 104 ; Wm. d. 1. Pole, senr., 105 ; same discussed, 105 et seq ; Katherine d. 1. Pole, 108 ; Michael d. 1. Pole, 108 j Mich. d. 1. Pole, 120, 121 ; Katherine d. 1. Pole, 123 ; Wm. d. 1. Pole (duke of S.), 125 ; Edmund d. 1. Pole, 128. Inundations, Myton subject to, and precautions against, 141 et. seq. Janus Anglorum, reference to Selden's, 102. Kingston-upon-Hull,contemporaneous with rilla de Myton, 49 ; remarks thereon, 50 et seq ; purchase of its site by Edward I., 67; origin of name, 69 ; first wardens of, 70 ; reference to the charter of 1331, 71 ; fee-farm rent of granted to the brothers De la Pole, 85 ; the Suffolk palace there, 110 ; streets of in 1402, 112 ; created a manor, and rents of assize in, 112 ; grant of Tupcoates- with-Myton to mayor and bur- gesses, 133 ; curious chapter in the history of, 137 ; grant to mayor, &c, of the port under the town, called Hull, 188. King's Fee, after-name of the original 10 bovates of Myton, 90, 106, 121. Kirkby's Inquest as to Myton, dis- cussed, 38 ; 89 ; 122 ; and see Corrigenda p. 203. Kirkella, origin of name (13) 18. Kylhom or Kilham, Sir Richard de, first master of the Charterhouse hospital, 112. Latin phrases in Tupcoates court-rolls with steward's translations, 170 ; and see also Corrigenda p. 205. Lease, of all or part of Myton by Sir Michael de la Pole, 109 ; of land in Myton to mayor, &c, of Hull, by the second Sir Mich. d. 1. Pole, 119. Leland quoted as to ancient tilery in Myton, 77. Letters Mandatory from Edw.III. as to the fee-farm rent of Hull, 85. Liber Melse, its account of their acquisi- tion of Myton and Wyk, and of the Carthusian priory, 45 et seq ; its further history of Myton, H8et seq; its account of the sale of Myton, &c, to Edw. I., 67 et seq ; as to the removal of their grange to Tup- coates, 151 ; as to the change in the course of the river Hull, 46, 183. Life, tenancies for in Tupcoates-with- Myton, 158. Limekiln Creek, mentioned in charter of Edwd. VI., 134; sea wall at mouth of, 163 ; suggested origin of name, 185 ; a fragment of the old Hull, 189. Limekiln Clough, unfenced and dan- gerous, 163. Limits of Myton, as an Anglo-S. tun, 44 ; difficulties of fixing same, 90 ; modern representatives of, 168 ; given more precisely, 192 ; and see also Corrigenda p. 202. Lichfield, Robert de, mayor of Hull, 85. Lyle-street, projected into Myton, 52 ; former name of Mytongate, (41) 76 ; period of change of name, 120. Lyndeby, manor or vill of, a moiety acquired by Sir Wm. d. 1. Pole, (44) 77 ; exchanged for Myton, 79 ; annual value of, (46) 80. Love Lane (now Cogan-street), 174,179. Manor (an estate), origin of the insti- tution, 3 ; nature of a manor, 4 ; derivation of the term, 5 ; courts of, 6 ; villein tenants of, 9 ; further creation of prevented by statute, 12 ; Scandinavian manors, (12) 17 ; Myton not a true manor, 49, 75, 147, 148, 156 ; further definition of, 136. Manor (a large building), instances of this use of the term, (30) 46, 105, 108, 109, 110, 125, (84) 149. Manor House, Edw. II. said to have erected ono in Myton, 73 ; its rapid 214 General Index. decay, 75 ; remarks on this Manor House, 149 ; one erected at Tup- coates by Sir Wm. d. 1. Pole, 151 ; Warburton's reference to, 152. Maidenhill closes, their situation, 162, 167, 174 ; and see also Corrigenda p. 205. Mansfield-dale, a meadow in Wold Ings copyhold of Tupcoates-with- Myton, 165 ; its situation, 19. Mark system, or village commune, ex- plained, (15) 21. Marriage, feudal right of, 13. Mayor and burgesses of Hull, grant to of Tupcoates-with-Myton, 133 ; title of their court, 170 ; allotment to of Corporation Field, 175. Melsa, Robert de, husband of Maud Camin, 53. Meaux Abbey, its acquisition of My ton and Wyk, 45 ; register of its pos- sessions there, 53 ; dispute with vicar of Hessle as to tithes of My ton, 59, 61 ; unfortunate lease of Myton to the clean of York, G3 ; sale of Myton, &c, to Edward I., 67 ; situation of its grange discussed, 47 ; grange demolished by Sir Wm. d. 1. Pole, 151. Messuage defined, (42) 76. Mills, of great antiquity in England, 26 ; many shewn in old plans of Hull, 27 ; mention of a windmill in Myton, 78, 80, 88 ; remarks thereon, 92 ; further mention of same, 105, 108, 125 ; mention of two windmills inMyton,93; remarks thereon, 101; the two again mentioned in the lease to Hedersete et al., 109, 110 ; ancient watermill in Myton, 144 ; sale of the mill in Myton rnilnecroft, (95) 177. Milnecrof t, an inclosure in Myton, 114 ; its situation, 177. Mortemer, Ralph de, first Norman lord of Myton, 35 ; perhaps built Myton chapel; (35) 61. - Mortmain, statute of, (39) 69. Mowbray, Sir John de, feudal lord of Myton, 88; remarks thereon, 91,106. My, as the first syllable of Myton, its signification, 25 et eeq. Myton, origin of the name, 20 ; its first appearance in history, 31 ; its Anglo-Saxon lady, 33; devastated by the Conqueror, 35 ; granted by Maud Camin to the monks of Meaux Abbey, 38 ; considered by Frost a lost town, 50 ; also by the editor of the YorkshireTopographical Journal, (53) 91 ; its wyk or har- bour, 51 ; ancient chapel of, (35) 61 ; its value before the sale to King Edward, 66 ; sale of to King Edw., 67 ; granted to the brothers De la Pole, and its then value, 78 ; re- marks on its diminished value, 79 ; stated to be in Holderness, (45) 79 ; divided between Rd. and Wm. d. 1. Pole, 80, 139 ; its value temp Duke John d. 1. Tole, 127 ; forfeited to the crown, 127; Riddell's certificate as to, 128 ; granted to Sir Wm. Sydney, 130; resumed by the crown, and Beckwith's certificate as to, 131 ; the then value of the lordship, 132 ; granted to the mayor and burgesses of Hull, 133 ; apparent great decline in value at that time, and remarks thereon, 134 ; the name superseded by that of Tup- coates-with-Myton, 135 ; yet ad- hered to on the inclosure of Myton Carr, 175 ; Myton never a manor according to strict legal definition, see Manor ; see also Area, and Limits. Myton Carr, the common pasture of Myton, first mentioned, 78 ; ex- pressly included in the charter of Edwd. VI., 134; ditch to be cut through, 142 ; gates and "stint" in, 1G3 and (90) (91) ; its contents at the time of Beckwith's survey, and referred to in Riddell's certifi- cate, 169 ; its final inclosure, 173. Myton Gate, see Lyle-street. Nativi, the legal term for villeins, 98. New Carr, a large close in Myton, 168 ; referred to in Riddell's certificate, 169. Ottringham, endowment of a chantry in, part of the price for Myton and Wyk, 67. Oustmersk, name of a place or district near Hull, 93 ; its nature and situation, 97 ; mentioned, 118, 125. Oxgang, what, 33. Oysel, Richard, warden of Hull, 70; accounted for rent of a watermill in Myton, 143. Parish defined, 13d. Partition of Myton between the brothers De la Pole, 80, 139. General Index. 215 Patrick Ground Lane, now part of Hessle-road, 174, 178: Pease family, their mill in Hull, 101. Peck, Aldn., reference to his mill in Myton, 102. Pest House in Myton referred to, 195. Pesthouse Lane, now Park-street, awarded, 174. Pinfold Lane awarded, 174 ; now Waverley-street, 175, 178. Plans of Hull, windmills a striking feature in old ones, 27, 28. Pole Street in Myton referred to, 102. Port of Hull, Wroteham's Compotus as to, 137 ; Saer de Sutton custodian of, 180 ; granted to mayor and burgesses by Richd. II., 188. Pound, Adam, citizen of Hull, 102. Priory of St. Michael's in Myton built, (00) 119; erected within Myton, but its site now included in Scul- coates parish, 191. Property Committee, their permission necessary for access to town's re- cords, 171 ; list of, (92) 171. Quality the, origin of expression, 25. Quia Emptores, statute of, 12. Eecords of the town, difficulties of access to, 171. Rental of Do la Pole family in Hull and Myton, 111 ; of Duke John d. 1. Pole, 120. Rents of Assize defined, and remarks on those owned by the De la Poles in Hull, 112 ; of cottagers in Myton, 143. Removal of Myton grange to Tup- coates, 40, 69, 151. Resiancy , a ground of suit of court, 155. Riddell, Mayor, his certificate as to the Myton, &c, property of Ed- mund de la Pole, 128; criticised (72) ; justified, 109. River Hull, see Hull River. Salthouse, a " place " so-called re- ferred to, 114. Salt Pits, an ancient feature of Myton, 39. Sandale, Robert de, destroyed Tap- coates cottage, 76. Sayercryk (Sayercreek), ancient name of the modern lower Hull, 46; hitherto said to have been originally a drain, and remarks on this state- ment, 184 ; suggested derivation of name, 185 ; a water-course temp, Edw. I., and known as "Hull" temp. Rich. II., 188 ; eastern boundary of the reliquam partem del Wyk, 194. Sculcoates, Benedict de, one of the early proprietors of the reliq. part, del Wyk, and his drainage opera- tions, 46 ; Frost's conclusion on the latter, 184; and see Corrigenda p.206. Sculcoates Gote, portion of the old Hull, 189, 191. Sculcoates Parish, remarks and theory on modern boundary of, 189 el seq ; derivation of name, 192 ; now in- cludes what was formerly part of Myton lordship, 197. Scutage, what, 56. Sectatores Curiae, suitors of a court- baron, 155, 161. Servitium Regale, what, 66. Sheriff of Hull, remarks on the office of, (77) 132. Steward of Tupcoates-with-Myton, originally a judicial officer, 156 ; instance of this, 157 ; his Latinity, 170, and see Corrigenda p. 205. Stint, the rule for stocking Myton Carr, (91) 163. Straw used symbolically in Tupcoates- with-Myton on surrender, 153, and see Corrigenda p. 204. Stut, Robert and others, witnesses to a deed, 82. Suffolk Palace mentioned, 109 ; called "the manor of Courthall," 110; and subsequently "the HallGarth," (79) 133. Suit of Court, an incident of feudal tenure, (80) 153 ; by reason of resiancy, 155. Surnames, local, denoting occupation, 114. Surrender, as a mode of transferring copyhold property, described, 154. Sutton, John de, his inquiry into the value of Myton temp. Edwd. HI.,77. Sutton, Saer de, reputed constructor of Sayercreek, 184 ; another theory as to this, 185 ; custodian of the port of Hull, 186. Sutton, William de, one of the early proprietors of the reliq. part, del Wyk, 45, 48. Swanland, origin of name, 19 ; men of steal sheep from Myton Carr, 61 a western boundary of Myton, 192, 195. 2l6 General Index. Sward Land in Myton purchased for Sir Mich. d. 1. Pole, 118. Sydney, Sir William, biographical particulars, (73) 129 ; grant of Myton to, 130 ; title of his court, 163. Table contrasted with Board, (17) 23. Tanhouse Lano, now Watorhouse- lane, part of the old road to Anlaby, 178 ; perhaps marked part of the course of the old Hull, 192. Taverner, Walter le, bailiff of Hull, 84. Tenant, what in the feudal system, (9) 13. Tenants at will of Tupcoates-with- Myton, 16G. Tenure, of a messuage at Wyk as an instance of feudal tenancies, 13 ; of Myton, feudally, discussed, 38, 57, 91, 98, 100, 107, 122, (85) 149. Tilery in Myton, a brickyard of the De la Poles, 77; leased to Hedersete et a!., 109 ; afterwards an archery- ground, 113. Tithes of Myton claimed in the 12th century by the vicar of Hessle, 59 ; the dispute settled, 02 ; of one meadow in Myton paid to St. Mary 's church, 133 ; of Myton Carr, an allotment in lieu upon its in- closure, 176. Toft defined, (25) 40. Trinoda Necessitas, what, (27) 41. Tun, Anglo-Saxon township, Prof. Stubbs' definition of, 20 ; its domestic economy described by Dr. Green , 22 ; its usual boundaries, 190. Tupcoates, originally a cottage des- troyed by Bobert de Sandale, 76 ; origin of the name, 150 ; removal of the manor buildings there by Sir Wm. d. 1. Pole, 46, 69, 151 ; let as a close from year to year, 166 ; site of Tupcoates cottage, 195, and see Corrigenda p. 204 ; Warburton's reference to Tupcoates close, 152. Tupcoates Corner, a recognized feature in the lordship of Myton, 170, 195. Tupcoates-with-Myton, manor of, Beckwith's reference to, 132 ; notes on, 174 et seq ; origin of this ex- pression, 161, 164 ; nature of the manorial court of, 155 ; titles of this court upon various early rolls, 157, 158, 160, 161, 163, 164, 170 ; total acreage of, 168 ; granted to the mayor and burgesses of Hull, 133, 135 ; its then value, 134 ; transfers of property in originally oral ami by a straw, 153 ; first mention of the straw on the rolls Corrigenda p. 204 ; Warburton's account of, 172 ; by-laws of temp. Hen. VIII., 162 ; fines for offences against the cus- toms of the manor, 156, 159, 160 ; life tenancies in, 158 ; Grangewyk copyhold of, 197 ; limits of its copy- hold area, 197 ; no part of such are found outside the ancient limits of Myton, 202. Cockt Bolls of, testi- mony of early ones as to villeinage in Myton, 99 ; sequence of, 153 ; abstract of earlier ones, 156 et seq. Usfleto family, their attacks on the water defences of Myton, 142. Vagrants, relieving of in Myton illegal, (87) 156. Vesci, Eustace de, places a boundary between S wanland and Myton com- mon pastures, 61 ; its probable nature, 193. William de V., feudal lord of a tenement in Wyk, 13 ; also of part of the fee of Myton (Aton-fee), 38, (50) 89, 122. Villa, or Vill, derivation of, (5) 9 ; Myton described as a, (32) 50 ; re- marks on the meaning of the term in that connection, 52, 91 ; defini- of, 136. Villain, origin of epithet, (5) 9. Villeins, their oath of fealty, (4) 8 ; of two kinds, 9 ; how liberated, 9, (8) 10 ; first mention of in connection with Myton, 93 ; remarks thereon, 98 etseq ; probably none in Myton, 141, 143. Villeinage, a feature of the manorial system, 7 et seq. Wagha, a measure of weight, (65} 118. Wake, Sir Thomas, Lord de Liddell, witness to a deed, 94. Waldinges (Wold Ings) meadows within, part of Myton lordship, 78, 109, 193. Waleys, John, his Compotus of the Myton, &c, properties of Sir Mich. d. 1. Pole, 111 et seq. Warburton MSS. quoted as to Tup- coates Manor-House, 152 ; as to Myton generally, 172. Wardship, a profitable incident of feudal tenure, 13. Warren defined, (37) 67. General Index. 217 Water House, site of, 178. Waterhouse Lane, formerly part of the road to Anlaby, 178 ; perhaps marks part of the course of the old Hull, 192. Water Mill, the mill of Domesday Book, 27 ; one in Myton, 144. Waverley Street, once Pinfold-lane, 175. West Ing of Myton, a meadow tithable to St. Mary's church, 133, see also Corrigenda p. 203 ; its acreage, 166. Weston-le-Clay, grant of j>art of Myton to a resident in, 93. Whyetcluett, a sluice in Myton re- parable by the town of Hull, 159. Wirfd Mills, not known in England until after the Conquest, 27 ; see Mills. Wold Carr, a western boundary of Myton Carr, 193 ; of Myton lord- ship, 195. Wold Ings, included Sevenstangs, 78 ; a portion of once appendant to the lordship of Myton, 109, 193. Wreck defined, and perhaps a franchise of the lords of Myton, 100. Wroteham, William de, his Compotus in reference to the port of Hull, 137. Wyk of Holderness, 57. Wyk of Myton, sold by Maud Camin to the monks of Meaux Abbey, 38 ; account of the transaction in the Liber Melse, 45 ; a trading place of great antiquity, 51 ; made a dis- tinct hamlet by the change in the course of the river, 51 ; grant of a fair there, 63 ; sold to Edward I., 67: its name changed to Kingston- upon-Hull, 69. Wye of Myton, the harbour not hamlet of the lordship, 51 ; but see Corrigenda p. 201. Wyk-upon-Hull, feudal tenure of a messuage there, 13 ; grant of free burgage to the inhabitants of, 137. Wyk, " the remaining part of," site of the abbey grange not of the ancient aula, 47 ; subsequently the site of Wyk-upon-Hull, afterwards Kings- ton-upon-Hull, 52 ; was situate east of the old river Hull, 194 ; site of Aton-fee, 195, 197. List of Subscribers. Large Paper Copies, Those marked * are on hand-made paper. *Annandale, K. C, 9 Queen Street, Hall (2 copies). 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From the 14th century the subject will be illustrated by original and hitherto unpublished documents, which have been recently discovered, relating to more than 30 of the ancient gilds and trading companies of Kingston-upon-Hull, and which are of great local as well as general interest. Special attention has been paid by the author to the place occupied by these gilds in economic history, as com- pared with the industrial problems of the present day, and also to the relation of the gild system to the municipal constitution. A chapter has also been added on the connection of the same system with the early Christian church. The March number of the Antiquary says : The Rev. Dr. Lambert, Chair- man of the Hull School Board, is preparing for early publication, a work on the Hull Gilds. . . . These Ordinances, lately brought to light, will form an unique picture of the internal organization of provincial Trade Gilds, and by com- parison with those in use elsewhere, much light will be thrown on the nature of these societies throughout the kingdom. A bibliography of works relating to the subject will be included, and numerous illustrations will add to the interest of the volume. Detailed Prospectus will shortly be issued, and may le had upon application to the Publishers. IN THE PRESS. READY EARLY IN 1891. Demy 8vo, Cloth ; Large Paper, Royal 4to, Cloth ; a limited number of the latter will be upon hand-made paper, THE LOST TOWNS AND CHURCHES OF THE YORKSHIRE COAST. ¥HIS work, by the Rev. J. R. Boyle, F.S.A., will be uniform with " The Lost Towns of the Humber," and form a companion volume. It will contain illustrations of Owthorne Church in ruins, Kilnsea Church, and Kilnsea Cross (now at Hedon), the latter from a drawing by F. S. Smith. Abundance of new and hitherto unpublished information of a most interesting nature will be found in this volume. Detailed Prospectus will shortly be issued, and may be had upon application to the Publishers. HULL: A. BROWN & SONS, Publishers, SavUe Street. London : Simpkin, Marshall, Hamilton, Kent & Co., Limited. December, 1R90. Holy Trinity Church, Hull : a Guide and Description. By J. R. BOYLE, f.s.a., Author op " The Lost Towns of the Humbeb." ¥HE need of a Descriptive and intelligent Guide-Book to the noble and com- manding Church of Holy Trinity, Hull, has been frequently expressed by the numerous visitors to the town. Mr. Boyle, who is well known for his keen and vigorous research into historical subjects that he takes under hand, has now supplied this requirement, and produced a little volume which cannot fail to be of value. Architecturally the Church is of great interest, and much important matter forms part of its history. CONTENTS: THE CHAPEL OF MYTON— THE PRESENT CHURCH— EARLY BRICKWORK— THE PLAN— THE EXTERIOR— THE TOWER— THE INTERIOR:— The Transepts— The Choir — The Chantry Chapels— The Nave — Ancient Woodwork— Monuments— The Font — Stained Glass Windows. WITH 3 ILLUSTRATIONS :— 1, The Exterior— 2, The Chancel— 3, The Naye. Price 16mo, Paper Cover net Is Od ,. Foolscap 4to (Large Paper), Bound In Ornamental Cloth 2s 6d In One Pamphlet, price Sixpence, 8vo. TWO BEVERLEY CHURCHES, Being Papers read before the Beitish Association at their visit to Beverley, September 11th, 1890. By WILLIAM STEPHENSON, m.e.c.s. By JOHN BILSON, a.b.i.b.a. Both Papers are ably written, and make a valuable addition to East Riding Literature." — ^ Hull Examiner, Price 2s net. Recollections of Hull during 1 Half-a- Century. By the Rev. JAMES SIBREE. WHIS does not pretend to be a history ; it is simply Recollections of Hull in * the palmy days of the Greenland Fishery, unreformed Corporations, Preachers, Churches, Notable Characters, etc. This gossipy volume will be read by the visitor with much interest. Price 3s 6d net, demy 8vo ; large paper, royal 4to, 7s. THE LOST TOWNS OF THE HUMBER. By the Rev. J. R. BOYLE. WfHIS throws a new light on a little-known subject, and corrects not a few * errors of previous writers on this theme. The author has drawn materials from manuscripts in the Public Record Office and the British Museum. Price 5s net, demy 8vo. PARISH REGISTERS OF ROOS (Vol. I) Transcrib*d by the Rev. Canon MACHELL. This volume contains some curious entries, and is interesting to the Antiquary F'cap 8vo, cloth, price Is. 6d. The Speech of Holderness and East Yorkshire. By W. H. THOMPSON. #JF the many branches of Science of Language, that of Dialects is one of the V most interesting. The present contribution deals entirely with a local field, and gives the Saxon element, the Norse Features, old English Words, Shakespearian Words, and curious Dialectic Forms, etc., etc. " Accept my best thanks for your ' Speech of Holderness.' It is carefully put together, and I hope you will continue your work." — F. Max Muller. HULL: A. BROWN^&~sdNS, Savlle Street. London: Simpkin, Marshall, Hamilton, Kent & Co., Limited. ■ • • „ X W- •V HHI - ■ * N\ '*• I V \