THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES Two Hundred and Sixty-five copies only printed^ of which this is No.L^. ANALECTA EBORACENSIA : SOME REMAYNES OF THE ANCIENT CITY OF YORK. COLLECTED BY A CITIZEN OF YORK. LONDON : PKINTEO AT THE BEDFORD PRESS, 20 AND 21, BEDFORUBUKY, W.C. TABLE OF CONTENTS. I.- II.- III.- i\'. V.- VI.- VII.- VIII.- IX.- X.- XI. XII.- XIII.- XIV.- XV.- XVI.- XVII.- XVIII.- XIX.- XX.— XXI.- XXII.- XXIII.- XXIV.- Introductory Chapters by the Editor - . - - Dedication and Testimonials .... -The Antiquity, Names, and several Conditions of the City of York - -The Liberties, Rights, and Immunities of the City and Citizens -Customs, Prescriptions, and Usages of the City - -The City within the Walls, and the Gates, Bars, Wards and Walls thereof ...... -Government of the City of York .... -Courts of Justice in the City of York . - . . -The Rivers and Bridges in the City of York -The Suburbs of the City of York . . . . -The Bounds of the City of York .... -The Ainsty of the City of York . . . . -The Churches ...... Archbishops of York . . . . . -The Dean and Chapter of St. Peter's of York . -The Hospital of St. Leonard, in York, and the Hospital of St. Nicholas ...... -Lesser Hospitals in the City of York and Suburbs ■The Abbey of St. Mary, and other Religious Houses -Davy Hall, or Lardinar's Hall .... -The Castle of York ..... -Parliaments, General Councils, and the General Courts of Justice held at York ...... Several Statutes and Acts of Parliament which concern the City of York ....... The Case of York and Kingston-upon-Hull . . . The Earl and the Dukes of York .... Persons of Fame for Greatness, Learning, or Otherwise, born in the City of York ...... The Names of the Benefactors of this City PACK vii 3 '5 52 67 73 78 90 113 121 129 131 212 221 235 238 249 261 268 275 280 285 294 Notes : The " Sad Complaint" is printed on p. x. The list of Mayors prepared by Widdrington is cancelled by him ; vtde p. 84 It might be well to print it separately some time. 7JF v^y J-. .■ ; vi Contents. LIST OF ILLUSTRATIONS. IX xiii xvi xvii xviii xxxii IN THE INTRODUCTORY CHAPTERS. The Arms of Sir Thomas Widdrington Drake's certificate - - - - - Facsimile of the Enerlon MS. The Siffnature of Sir Thomas Widdrington Facsimile of the Bodleian MS. A letter by Sir Thomas Widdrington - PLATES. 1. An ancient drawing of York - - - - - 7 2. A Roman Altar - - - - - - 28 3. The Emperor .Severus - - - - - -30 4. St. Mary's Tower - - - - - - 97 5. Walter Malbysse - - - - - - 136 6. Healaugh Priory - - - - - - 136 7. Sinningthwaite Priory - - - - - -138 8. The Tomb of Ferdinando Fairfax - .... 138 9. The Minster : Saxon work - - - - - '59 10. The Minster: Saxon work ..... 159 11. The Minster: Norman work ..... 160 12. The Minster : Norman work - - - - - 160 13. The West Door of the Minster - - - - - 163 14. PlandeYorke- - - - - - - 166 15. The door of the Church of St. (iilcs .... 172 16. The door of the Church of St. Maurice .... 172 17. Whitehall - - ■ - - . - 178 18. Coins of the Archiepiscopal Mint - - - - - 181 19. The Life of St. Oswald ...... 203 20. Tobias Matthew, .Archbishop ..... 209 21. Chartulary of the Hospital of St. Leonard .... 225 22. Chartulary of the Hospital of St. Leonard .... 221; 23. Abbot Stephen's account of the Abbey of St. Mary - - - 238 24. Abbot .Simon's continuation ..... 238 25. Consuetudinarium of the Abbey of St. Mary - - - 241 26. Grant of Henry VIII ...... 276 IN THE TE.XT. Bellona - - - - - - - - 36 St. Anthony ---.... 237 INTRODUCTORY CHAPTERS THE EDITOR. CHAPTER I. Some Account of Analecta Eboracensia. UAINT old Fuller, at the end of his section on York' says: "Let me adde, I am informed that Sir Thomas Widdrington, a person accomplished, in all Arts, as well as in his own Profession of the Laws, hath made great Progress in his Exact Description of this City. Nor doc 1 more congratulate the happiness of York coming under so Able a Fen, then Condole my own Infelicity, whose unsuccessful attendance hitherto could not compass speech with this worthy knight. Sure I am, when this work is set forth, then indeed York shall be, — what? A city most compleatly Illustrated in all the Antiquities and Remarkables thereof" These words were published in 1662, two years before the death of Sir Thomas Widdrington. The commendable hope expressed by Fuller, that Sir Thomas would publish the materials he had collected for the history of York, was not realised. More than thirt\- years later, we find an historian lamenting that ' 'rhomas Fuller, Worthies oj England, 1662, p. 232. b2 viii Introductory Chapters. Widdrington's history of York is still in manuscript, and likely to remain unpublished. Bishop Gibson, in his edition of Camden's Britannia} published in 1C95, says: "This ancient and noble city might have had an agreeable light, if Sir Thomas Widdrington, a person accomplisht in all arts, as well as in his own profession of the laws, after he had wrote an entire history of it, had not upon some disgust prohibited the publication. The original- manuscript is now in possession of Thomas Fairfax of Menston, Esquire." There is a most unaccountable error concerning this collection in Memoirs of the Protectoral House of Cromwell. It is there stated that Sir Thomas Widdrington published his Analecta Eboracensia in 1660.3 Analecta Eboracensia represents the first known attempt to preserve the memory of the historic events of the Northern Capital, and was completed nearly a century before Francis Drake, the great historian of York, published his Eboracum.* Thomas Widdrington was a barrister of Gray's Inn, Holborn,* his coat of arms being preserved in one of the compartments of the bay window of the Hall there.^ He was Recorder of York during the reign of the unfortunate Charles I and the Commonwealth, and represented that constituency in Parliament in 1654, 1656, and 1660. He spent some years in collecting and arranging materials for his local history, and offered to the Mayor and Corporation, that in pub- lishing the book, he would be pleased to dedicate it to the " Mayor, Aldermen, Sheriffs, Common Council, and Citizens". It was generally felt that a man occupying a position so high and influential as that held by Sir Thomas might have attempted something of a more • P- 734- * Drake speaks of the Menston MS. as a copy. In Anecdotes of British Topography (1768), p. 547, and Gough, British Topography (1780), p. 418, the same statement appears. ' Noble, M., Memoirs of the Protectoral House of Cromwell (\>wh. 1787), vol. i, p. 428. * Drake's work appeared in 1736. ' He was admitted in 1618, and his elections were as follows :— Barrister 16— ; Ancient 1639 ; Bencher 1639 ; Lent Reader 1640 ; Serjeant 1641. • These arms are figured in Dugdale's Grigs, furid., p. 303, being copied, as in the present instance, from the window at Gray's Inn. Sotne Accotmi of "Analecta Eboracensia" . ix material character for the advancement of the city, such as obtaining an Act of Parliament for the improvement of the navigation of the Ouse, etc. Nor can it be said that the people, greatly reduced as they were in resources by the events of the recent Civil War, had no just grounds for their complaints, especially considering that their The Arms of Sir Thomas Widdrington, Km., copied from tlie Window at Gray's Inn. votes had contributed to secure for Widdrington his position in Parliament. The proposed dedication' of the work, a draft of which was forwarded to the city authorities for approval, was received with coldness by those whom it was designed to honour, and not only with coldness, but even derision. Hence the " disgust" of the author, and his prohibition of the publication spoken of by Bishop Gibson. ' This dedication is given later, in the place assigned to it by Sir Thomas, vide p. 3. Introductory Chapters. The following reply,' expressing despair concerning the state and prospects of the citizens, and concluding with a vehement sting, was sent to the learned and industrious author : — "Sir, — You have told us by the former discourse what the city was, and what our predecessors have been. Wc know not what this may have of honour in it : sure we are, it hath but httle of comfort. The shoes of our predecessors are too big for our feet, and the ornaments which they had will not serve now to cover our nakedness, nor will their wealth feed us, who are not able to tell you what we are, unless it be this, that we are poor and miserable. Our predecessors, if they could see us, would either disclaim us, or be ashamed of us. You have told us that this city was some time the metropolis of the liritons ; the Royal Court of the Roman Emperors, and a seat of justice anciently, and also in later limes ; how is it now become unlike itself? The inhabitants have many of them forsaken it, and those who have not, she cannot maintain, whilst some cities are become so big with buildings, and numerous with inhabitants, as they can be hardly fed or governed. ^'ork is left alone, situate in a country plentiful for provisions, and stored, if the people had money to buy them. Trade is decayed, the river become unnavigable by reason of shelves. Leeds is nearer the manufactures, and Hull more com- modious for the vending of them ; so York is, in each respect, furthest from the profit. The body of York is so dismembered, that no person cares for the being the head of it ; the suburbs, which were the legs of the city, are cut off; the late Court of Justice, which, indeed, was built upon the sand only, is sunk, and with it many considerable persons are swallowed up ; you cannot now see any confluence of suitors and people ; he that looks upon the city may see her paps dry, and her eyes bedewed with tears, refusing to be comforted, because all these are gone. Now, sir, for the Britons you mention ; we can neither derive pedigree nor wealth from them ; nor can we hear of any of their descendants, unless in Wales and Cornwall, or upon some mountain or hill in Cumberland ; and when we have found them, we fear that they will not own us for their kindred or relations ; we have lost our genealogy, and forgot the British dialect ; they tell us that our blood is not British, but Roman, Saxon, and Norman, which, or some of which, did expel these ancient Britons, and we might expect the same reception from the Roman, Norman, or Saxon, if we should appeal to any of them ; and we find by experience that it is not a long series, or beadroll of ancestors, and predecessors, but wealth and estate which set a value upon men and places. As for our wealth, it is reduced to a narrow scantling ; if we look upon the fabric and materials of the city, we have lost the suburbs which were our skirts, our whole body is in weakness and distemper, our merchandize and trade, our nerves and sinews, are weakened and become very mean and inconsiderable : for the earls, dukes, archbishops, deans, prebends, and abbots of York, they are no homogeneal parts of our body, but only our garnishments, embroideries, and ornaments, and sometimes pricks and goads ; our present misery is, that we can hardly keep together our homogeneal and essential members, some of them using us, as Absalom's mule did him, either leaving of us, or refusing to act as magistrates amongst us, when our very Govern- ' A copy of this reply is bound up with the MS. at the end, and entitled "A sad complaynt by the City of York to the Author". Some Account of " Analecta E boracensia" . xi ment seems to hang by a weak, or upon some slender twig. Now for all the monuments of our former state and glory we find no warmth or comfort from them ; but it seems to add to our unhappiness that our predecessors were so happy. Give us leave for conclusion to tell you that a good purse is more useful to us than a long story, which might enable us : — (l) To make our river more navigable ; (2) To re-edify the decayed parts of the city ; (3) To raise a stock to set up some manu- facture in the city ; (4) To relieve our poor, into which number we may all of us fall if some timely course be not taken by which, through God's blessing, this tottering and wasted city may be upheld." This answer, we confess, with all our sympathy for the good Mayor and Citizens, goes beyond the characteristic frankness of the people of the North, and seems to revel in its bluntness, whilst manifesting little or nothing of the reputed hopefulness and optimism of the Northern character. Sir Thomas felt the rebuff most keenly, and it is not to be wondered at that he prohibited the publi- cation of his collection, though it represented researches extending over many years. As already stated, the original MS. was in the possession of Fairfax of Menston in 1695. It was at first the property of Thomas Lord Fairfax, the Parliamentary General,' brother-in-law to Sir Thomas Widdrington. Doubtless it came into the possession of the Menston family at the death of Lord Fairfax in 1671. At a later date it passed into the hands of a Mr. Richardson, an " apothe- cary", of London, who was a well-known book collector. From his hands it passed, by purchase, into the possession of Sir Robert Smith, of Suffolk,'- and contains on one of the end papers the arms of that gentleman. While in his hands it was introduced by Dr. Vernon,^ of St. George's, Bloomsbury, to Francis Drake, who was then engaged upon his Eboracum, and who had some time previously discovered another copy of this manuscript history among the records of the city.* Drake used these manuscripts freely, and incorporated ' Drake, Eboracum, Preface. See also the notes appended to the other copies described farther on. ' This baronetcy was created in 1714, and expired in 181 1. — Burke, Extinct and Dormant Baronetcies. ' Inducted Feb. 23rd, 1731. — Geo. Clinch, Bloomsbury and St. Giles, p. 129. * Drake says he had previously tried to get access to the Menston manuscript, but had failed. It was kept at that time sub sij^'llo. Drake, in speaking of the Menston MS. of his day as a copy, says he only repeats what is a matter of common report. Is it not possible that, though the original MS. was at Menston in 1695, xii Introductory Chapters. extracts from them into his own work. Drake's remarks are as follows :— " And now, since Sir Thomas Widdrington's name is on the carpet, I must own my obligation to that gentleman, who was the first that I know of who undertook to write in a particular way the history of this city. This writer in all probability began to make his collections for his history in King Charles the First's time, when he was Recorder of York. For in a speech to that monarch, at his coming to the city, in the year 1C39, he pays a strained compliment to the King of its being more honoured by his having been Duke of York, than by the residence and deaths of the Emperors, which shows that he had then read something of the antiquities of it. The civil wars intervening, in which our author could not be unconcerned, his history seems only to be finished in the halcyon days fur his party that ensued. And it must be after the Restoration that he sent the city word he intended to print and dedicate his elaborate performance to them."i Concerning the particular copy which belonged to Lord Fairfax, Drake says: "This is the very original which he himself (Sir Thomas Widdrington) intended for the Press" ; and again, he says, it is " the very book which he himself dressed up, and put the last hand to for the Press."' Happily this manuscript is easily accessible, and to a careful reader the evidences of what has just been quoted from Drake are abundant. Let one illustration suffice. On fol. 157 one or two lines are struck out. The author on further consideration has determined to let them stand, and has written on the top margin of the page, " Print what is here struck out". This copy ultimately became the property of Christopher Sykes, Esq., from whom it was purchased in April 1 881, by the Trustees of the British Museum, in which institution the volume is now preserved — Egerton MSS., 2578. Upon one of the first pages of the work there is the following inscription, written by Drake's own hand : — " This manuscript was the work of Sir Thomas Widdrington, Knight, and as I appre- hend, for several reasons, which I have given in the preface yet in 1736 only a copy remained there? Drake does not attempt to account for the vicissitudes of the original MS., after it left the library of Lord Thomas Fairfax until it appears in the possession of Mr. Richardson. ' Drake, Eboracum Preface. 2 Drake, ibid. Some Account of "Analecta Eboracensia'. xiii to my Ehoracmn, is the original. — Francis Drake, August 14, 1736." Not seldom has the regret been expressed that this valuable manuscript has not been published. The author of Eboracum wrote : " What remains is only to recommend it to the present proprietory of the other copies that they would print it ; since one of them is offered for sale, and since no injunction from the author obliges them now to the contrary-." ^f- ^ ' Z)Mjit Facsimile op Drake's Entry in WinnRiNCTON's Manuscript. Widdrington's method of work, in one respect at least, leaves nothing to be desired, and furnishes an example to all those giving attention to the study of historic subjects. For his information he goes, whenever possible, to original documents. Of course, as one of the pioneers in topographical work, he was compelled to take this course. The Public Records (then in the Tower of London),* the Archives of York Minster and the City Corporation, the ecclesiastical documents then lying in St. Mary's Tower (York), the evidences of ' Many references will be found to the Charter Rolls, Patent Rolls, Close Rolls, Exchequer Rolls, Statute Rolls, etc. xiv Introductory Chapters. Yorkshire families — the Vavasours, the Fairfaxes, the SlinEjsbys and others — the Hotlley MSS., the Cotton MSS., and other original sources, are laid under contribution for his work. It must be remembered also that, at the time Sir Thomas was making his collection, many of the works with which we are familiar had not been put into type, and could only be consulted by him in manuscript form. Domesday Book was unpublished. There were no Calendars to the Rolls except the imperfect manuscript one.s. Such documents as Testa de Nevill were only accessible in the same form. Hearne had not issued Leland's Itinerary. Robert of Gloucester, Fordun, and other writers were still unpublished. These and similar facts lend additional credit to the achievement of our author. Reference has been made to Drake's acknowledged indebtedness to VViddrington. Without detracting from Drake, and without giving to VViddrington prai.se which is not his due, it may be said that VViddrington's collection is the basis of Drake's masterpiece. I have read and compared the two books for years, and I have been con- firmed in this opinion at almost every point. I have been surprised to find that sometimes VViddrington is more correct than Drake, though Drake had the opportunity of revising VViddrington's work. As an example of what I mean, I will refer to the quotations from the Charter Rolls on p. 55. Drake transfers this list (with two additions) to his Eboracum, p. 211. On comparing the two lists, it will be found that Drake differs from VViddrington. In each instance it is Drake who is incorrect. Reference is made in the notes to other inaccuracies in Drake, e.g.. Dr. Lister's account of a Roman altar, p. 28, note 2 ; the Fairfax pedigree, p. 149, note 2 ; the sites of the houses of the Augustine and Franciscan Friars, p. 246, note 3 ; the confusion of John Scotus with Alcuin, p. 290, note i ; the Fairfax epitaph, p. 304.' These are only specimens from a considerable list which might be ' Whilst referring to these errors, I will mention another matter to which the late Canon Raine directed my attention, viz., that there was no Mayor of York until the reign of Henry III (1216 — 72). I find a digest of the information given me by Canon Raine in his York (Historic Town Series), pp. 193-4. He says (the italics being mine) : — Some Account of ''Analecta Eboracensid" . xv presented. The time has arrived when a revised and extended edition of Drake's monumental work would be of immense ad- vantage. I do not say that Sir Thomas is always correct. I have, indeed, repeatedly found it necessary to use the notes for the purpose of making corrections. But, again, it must be allowed that many of these faults are slips on the part of the amanuensis, and would have been corrected had the book passed into print during the lifetime of the author. The collection of Widdrington presents one grave fault — a lack of order and method in the arrangement of the chapters, and in the subject matter of the respective chapters. At first I suspected that the binder of the papers was in some measure answerable for this apparent confusion, so far as the order of the chapters is concerned ; but this is not the case. I shall have need to refer to these faults again in the Preface to the present edition. There are, at least, three other copies of this manuscript besides the one I have reproduced. I. As already stated, Drake found a copy oi Analecta Eboracensia among the City Records. This MS. was a " first draft", without the author's corrections. Drake says that this copy was endorsed as follows : — " This is the first draft out of his own papers. A second, my Lord Fairfax has by his delivery, with this note in the front, '•/>., that in the last and perfect copy he " King John, by deed dated March 25, 1200, confirmed to the citizens their Merchant Guild and their houses in England and Normandy, and their lastage, as freely as they had them in the time of Henry his grandfather, and as they are specified in the charters of Henry his father and Richard his brother. When John granted this charter, York was still under the rule of a praepositus, or reeve ; the claim w/tich Drake makes to its hainiig a mayor at an earlier period being quite unfouiuied. We learn from evidences preserved at Durham that whilst Robert Wallensis was sheriff of Yorkshire (1206-11), Gerard, the bell-founder, was praepositus or reeve of the city, and that William Fairfax was holding that office about the same time. Iti 12IY -we find a mayor in the place of the praepositus. and, no doubt, there were bailiffs as well. In that year the king orders the sheriff of Yorkshire to give to Hugh de Selby, mayor of York, the house which belonged to Leonard the Jew." This note should be read in connection with pp. 80-81 following. <;Bvnirtl.|i? 2rrl^^ i^^-JlUi yye-tS-^st.itm .y»wH '^Snthi JL,M /T f-/; ''' ^ ■. ^ ^ yy^ ir'M »*» — ■ «!&• A PAGE OF THE EGERTON MS. NOW PRINTED. (Size of the original writing, lo inches by sJ inches. ) See p. 195. Some Account of "Analecta Eboracensia" . xvii has expunged divers things in both the former, and made some small additions as were defective in both. This is a more imperfect copy than that which Sir Thomas Widdrington delivered to my Lord Fairfax, for it evidently appears that my lord's book was copied out of this. And yet without question this is much more compleat then the last, because in the last he has expunged (it is his own word, but very improper for so learned a work) divers things in the former." This book is no longer among the Records of the City, but it, or a copy of it, is still extant in York. I regret that I have had extreme difficulty in viewing this manuscript : the owner, for good reasons of his own, being adverse to an examination of the volume. Signature of Sir Thomas VViDDRiNGtoN, Knt. 2. There is a copy of this history at Oxford in the Bodleian Library.! This has a bookplate of Thomas Beckwith,- painter, of York. The titlepage (fol. o) is here presented in facsimile.* The notes on this folio indicate, and the comparatively recent character of the penmanship confirms, that this is a copy of the York manuscript just described.* 3. Another copy was in the possession of Sir Robert Shaftoe (of Whitworth, Durham),^ who married a daughter of Sir Thomas ' Gough, /I Catalogue of Books relating lo British Topography bequeatlied to the Bodleian Library in I7g7, p. 327. ■ For an account of this gentleman, see Davies, Walks through York, p. 238. ' Vide p. xviii. ■• This MS. also contains a list of the Mayors, copied from a MS. belonging to Dr. T. White, of York. ' For particulars concerning Sir Robert Shaftoe, see Notes on the jamily of Sir Thomas Widdrington, p. xxii. tj/ti aJa^ /T*^ a*»"?> /^^cXw- •^f JV<-J> ^/^ ^/^ajf S^^Xo^ y_-^'>^*"^. Title-page of the Bodleian MS. It is evident (hat this is a comparatively recent copy of the unrevised first draft of Widdringtoa's work. Some Account of '' Analecta Eboracensia". XIX Widdrington. No description of this copy has transpired, nor is its present possessor known to the lovers of Northern antiquities. Drake himself was not able to obtain access to this copy. I have evidence of other copies having been in existence. Some of these were probably copies made from other copies. But it will serve no practical purpose to carry these investigations further. The fact that we have the MS. corrected by the author himself renders all other copies comparatively unimportant. CHAPTER II. Further Particulars of the Life of Sir Thomas Widdrinsfton. AVING given this account of the manuscript of Sir Thomas Widdrington, it is needful to supply further particulars concerning the author himself To have given these matters in the previous chapter would have over- burdened it with irrelevant details. Sir Thomas Widdrington was descended from the Widdringtons of Widdrington Castle, an ancient North- umbrian family. His paternal home was Cheeseburn Grange,* in the parish of Stamfordham, Northumberland, a manor which once belonged to the Priory of Hexham. PEDIGREE. Preliminary Notes. The Widdringtons' were settled at Widdrington Castle before the Norman Conquest. They are memorialized in the ballads of Chevy Chase and the Hermit of Warkworth. They were styled Lords of Widdrington as early as Henry I, though it was not till 19 Charles I that they were created Lord Widdrington of Blankney, co. Lincoln, which title expired in 1715. For pedigrees see : — Burke, Extinct Baronetcies ; Landed Gentry. Banks, Dormant and Extinct Baronage. WoAgson, Northumberland. Foster, Visitation of Northumberland. Surtees, Durhatn. Genealogist, vol. i, p. 312. Harleian ' This estate passed through the female line to Ralph Riddell, the present Lord of the Manor being E. F. Riddell, Esq. ' Various ways of spelling the family name : Widderington, Witherington, Wdrington, Uddrington, Woderynton, Wodrington, Wytherington. The Life of Sir Thomas Widdringion. XXI Society, vol. xvi, p. 348 : vol. xvii, p. 349. Gentleman^ Magazine, 1853, vol. i, pp. 173, 280. Howitt, Visits to Celebrated Places, p]). 402-407. Archaeologia Aeliana, 11 series, vol. iii, p. 189. .Soon after 1300, scions from the parent stock began to root and thrive in various parts of Northumberland, and the adjoining counties. \X the London Visitation in 1634, Rowland Widdrington, of London, entered his pedigree from his grandfather Thomas Widdrington, of Ashinglon, the father of Lewis Widdrington, of Cheeseburn Grange. This is printed in Harl. Soc. vol. xvii, p. 349, and is as follows. "Widdrington. Faringdon lVi''in. Thomas Widdrington, of Ashington,= in Com. Northumberland. I Lewes Widdrington, of Ches- borne Grange, Com. North- umberland. Katherine, daughter of William Lawson, of Little Vsworth, of the Bishopdricke. I I. Thomas Widdrington, Eldest son. I I Heni-y. 3. Rowland Widdring- ton, of London ; liueing a° 1634. 4. Rafe. 5. Nicholas. I I Katherin. Ellen. Row. Widdrington." The Family of Sir Thomas Widdrington. Lewis Widdrington, of Cheeseburn' Grange, Co. Northumberland, gentleman (see above), descended from Widdrington of Widdrington. Will proved 1630. ^Catherine, daughter of William Lawson, of Little Usworth. Cheeseburn Grange was left to her, bj- her husband, for life. .1 Sir Thomas Widdrington,: Knt. He was executor to his father in 1630, being then at Gray's Inn. Died May 13, 1664. Arms : Quarterly, arg. and gu., a bend sable : on the last a mullet for difference. Frances, the third daughter of Fer- dinando Lord Fairfax, 2nd Baron Fairfax, of Cameron, the Parlia- mentary General, by his first wife, Lady Mary, daughter of the Earl of Mulgrave. Died m childbed. May 4, 1649. There is preserved in Analecla Fairfaxiana, a MS. volume compiled by Charles Fairfax (brother to Lord Ferdi- nando), a poem, by Jo. Favour, apostrophising this last-named event. The lines are addressed to the bereaved husband. They are printed by Johnson, Fairfax Correspondence, vol. i, p. Ixxx. Four other sons and two daughters. See the pedigree above, entered by Rowland Widdrington. ' Various ways of spelling the name of this Manor : Chesburgh, Cheseburgh, c X.Xll Introductory Chapters. \ i I Thomas, Dorothy, Frances, who was married to Sir John Legard, Bart., only son who died of Canton. and heir, in 1649, John Legard, Esq., of Canton, descended from who aged 12. an ancient Norman family, and only son of John died in Legard, Esq., by Mary, daughter and heiress of John his Uawney, Esq., of Hotter Brompton, was created a father's baronet December 29, 1660. Sir John represented lifetime. Scarborough in Parliament, and was amongst the first of those gentlemen, who, upon Ceneral Lam- bert's republican intentions being openly avowed, embodied themselves under the command of Lord Fairfax, and surprised ^■ork, in order to facilitate the march of Ceneral Monk out of Scotland. He married twice : first, (jrace, one of the daughters of Lord Conyers, by whom he had a daughter ; and, secondly, Frances, second daughter and one of the co-heiresses of Sir Thomas Widdrington, Knt., by whom he had four sons and two daughters, and, dying in 1678, was succeeded by his eldest son. — Hurkc. Catherine, who was married to Sir Robert Shaftoe, Knt., of Whitworth, Durham. Sir Robert Shaftoe was a Barrister of Cray's Inn : .'Xdmitted 1648 ; Barris- ter 1659 ; Ancient 1662 ; Bencher 1671 ; Autumn Reader 1673 ; Serjeant 1675. The arms of Sir Robert occupy a compartment of the 4th window on the north side of the Hall of Gray's Inn — Gu., on a bend urg., 3 mullets azure. He received the honour of knighthood at White- hall in 1670. He was twice Recorder of Newcastle. On the first occasion he held the position from 1660 to 1685. He was reap- pointed in 1688. Died 1705. Vide Surtees, A/tsf. and Antiq. of Durham, vol. iii, p. 295 ; also Douthwaite, Hist, of Grays Inn. I Mary, who was married to Sir Robert Mark- ham, Bart., of .Scdgebiooke in Nottingham- shire who was a descendant of Judge Mark- ham, displaced for his integrity by Edward IV. In the British Museum Add. MSS. 18,721, pages 16-20,' there is an ac- count of the death and burial of Lady Markham, written by .Sir Robert in a pocket-book. She died on April 7, 1683. Ursula, who was married to Thomas, Earl of Plymouth. His lordship was created Earl of Plymouth on Decem- ber 6, 1682, in considera- tion of the eminent services he had rendered to the royal cause, during the civil wars, when, even in his fifteenth year, he had commanded a troop of horse, and greatly distinguished himself at the battle of Naseby in 1645. He married twice : first Anne, daughter of .Sir Wil- liam Savile, of Thornhill, baronet. His lordship mar- ried secondly, Ursula, young- est daughter and co-heiress of Sir Thomas Widdrington, by whom he had four sons and five daughters ; the eldest of whom, Thomas, was created Viscount Windsor, in Ireland, and Baron Mountjoy, in Eng- land (which honours expired in 1758). The Earl died in \b%T.— Burke. or Cheiseburgh ; Chyseburgh ; and Chisboume. The earliest form is Cheseburgh. It appears in this form in Calendarium Rotulorum Ckartarum, a° 1286 (printed in 1803), and again in 1298 ex Rot. Cart., 27 Edward I. Cheiseburgh is found in 10 Elizabeth, 1568. ' "'Kc^rifiipig : or a Diary Astronomical," etc., for the year 1681, "by John Gadbury". A printed book, interleaved, and used as a memorandum book by Sir The Life of Sir Thomas Widdnngton. xxiii One of Sir Thomas Widdrington's earliest public offices was the Recordership of Berwick-on-Tvveed. Afterwards, when Recorder of A^ork, he represented Berwick in Parliament.' One of the first events by which Widdrington became prominently associated with the City of York occurred in 1639. In that j-ear the King, Charles I, made York the rendezvous of his army, being resolved to proceed to Scotland in order to put down the Covenanters by force of arms. Upon the entrance of his Majesty into the City, he was received at Micklegate Bar by the Lord Mayor in state. Sir Thomas Widdrington, being Recorder, delivered, upon his bended knees, an address to the King. This speech, though absurdly florid and fulsome in style, indicates the sincere interest of the speaker in the archaeological affairs of the neighbourhood. The speech was as follows : — " Most gracious and dread Sovereign : — Be graciously pleased to pardon this Stay, that we the least and meanest Motes in the Firmament of your Majesty's Government, should thus dare to cause you, our bright and glorious Sun to stand. Give us Leave, who are the Members of this ancient and decayed city, to make known to your Majesty, even our Sun itself, where the Sun now stands in the City of York, which now, like an ill-drawn picture, needs a Name ; a Place so unlike itself, that I may venture to say that Niobe was never so unlike Niobe ; never old man so unlike himself being young, as is the City of York so unlike the City of York ; heretofore an Imperial City, the Place of the Life and Death of the Emperor Constantius Chloms, in whose Grave a burning Lamp was found many centuries of years after : the Place honoured with the Birth of Constantine the Great, and with the most noble Library of Egbert. I might go further, but this were only to shew, or rather to speak of ancient Tombs. This City was afterwards twice burned, so that the very Ashes of these Antiquities are not to be found ; and if later Scar had not defaced our former glory, what was it truly in Effect of what we now enjoy ? The Births, Lives, and Deaths of Emperors are not so much for the honour of York, as that King Charles was once Duke of York : your very Royal Aspect surmounts our former Glory and scatters our latest Clouds. It is more honour to us that King Charles has given a new Life, Nativity, and Being, by a Robert Markham, Bart., of Sedgebroke, co. Lincoln ; who has entered in it extracts from printed works of English history, private prayers, expenses, and genealogical notes respecting his own family. Paper ; .xvilth cent. ; in the original morocco binding. Octavo. — Vide Cat. of Additions to the MSS. in the B. M. in the years 1848-1833, p. 135. The manuscript notes in this pocket-book were printed in 1869, edited by Clements R. Markham. The book is there wrongly quoted as Add. 10,721 for Add. 18,721. ' He was elected for Berwick April 13 and Nov. 3, 1640 (the Long Parliament), April 25, l66o, and May 8, 1661. C 2 xxiv Introductory Chapters. most benign and liberal Charter, than that Constantine the Great had his first Being here. And as for the lamp found in the grave of Chlorus,' your Majesty maintains a Lamp of Justice in this city, which burns more clearly than that of Chlonis, and shines into five several counties, at which each subject may light a Torch, by the brightness whereof he may see his own Right, and find and taste some of that sweet and wholesome Manna, here at his own door, which drops from the Influence of your Majesty's most just and gracious Government.'' So that if the Library of Egbert was now extant amongst us, that very Idea of Eloquence, which the most skilful Orator could extract out of it, would not be able to express what we owe to your Majesty, there being not any acknowledgments answerable to our obligations. For besides all this, the Beams and Lightnings of those eminent Virtues, sublime (jifts, and Illuminations, wherewith you are endowed, do cast so forcible Reflections upon the Eyes of all Men, that you fill not only this city, this kingdom, but the whole universe with splendour. You have established your Throne on the two Columns of Diamond — Piety and Justice ; the one gives you to God, the other gives Men to you, and all your Subjects are most happy in both. For ourselves, most gracious King, your Majestj-'s humblest and meanest subjects, Obedience, the best of sacrifices, is the only sacrifice we have to offer to your most sacred Majesty. Yet vouchsafe to believe, most mighty King, that even our works, such as they are, shall not resemble those sacrifices, whereout the Heart is plucked, and where, of all the Head, nothing is left but the tongue ; our sacrifices are those of our Hearts, not of our Tongues. The memory of King Charles shall ever be sacred unto us as long as there remains an Altar, or that Oblation is offered on Earth. The most devout and fervent prayers of your Majesty's daily Votaries, the poor citizens of York, are, and ever shall be, that the sceptre of King Charles may, like Aaron's rod, bud and blossom, and be an eternal Testimony against all Rebels ; and our most cheerful and unanimous Acclamations are, that King Charles may long live and triumphantly reign ; and that this kingdom may never want a King Charles over it." ^ Although it would be manifestly unfair to hastily judge a man by one act or utterance, yet the matter and style of this address are so exceptional that, after perusing it, one is ready to endorse the censure passed upon Widdrington by the historian, who speaks of him as " fussy, pedantic, obsequious, and full of small ambitions." * It would appear, however, that the address was not wholly unacceptable to the King, for it was on this occasion that his Majesty conferred on Widdrington the distinction of knighthood.* ' See p. 31, note 4. ''■ These words refer to the Court of the Lord President of the North. ■^ For other speeches by Sir Thomas, see p. xxx. ■* Markham, Life of the great Lord Fairfax, p. 390, note i. ■' An opposite view of the effect of this address on the royal mind has been expressed. " So false and fulsome an address could not be but repulsive to the acknowledged good taste of the King." — Johnson, The Fairfax Correspondence, vol. I, p. 348. The Life of Sir Thomas Widdrington. xxv To saj' that this accomplished lawyer was a time-server is to do his memory no injustice. When Charles was absolute, as we have seen, he did not demur to go down upon his knees and inform his Majesty that all his subjects were but " motes" in a firmament of which he, the monarch, was the resplendent sun ! Later, when a member of the Long Parliament (1640-1653),^ he subscribed to the Solemn League and Covenant, than which no act of the Parliament was more contrary to those tenets which the King regarded as most sacred and dear. In a few years the Presbyterians lost much of their influence, and the Independents became supreme. Sir Thomas at first had some scruples of conscience, but soon accommodated himself to the changed condition of affairs. He became a favourite of the Lord Protector, and accepted many preferments and honours from the Republican party. At the Restoration Sir Thomas found a place in the new and strongly Royalist Parliament, which met June i, 1660, being returned by both York and Berwick. Widdrington was now advanced in age ; he possessed wealth which placed him beyond the necessity of accepting any office for pecuniary reasons, and in his day he had worn some of the highest honours the State could confer. It would have been a graceful thing, therefore, if in the changed circumstances of the realm he had retired into private life. But he chose another path. Through influence at the new Court favour was shown to him, but it was of a scanty kind as compared with his former position and influence. Widdrington, in a spirit which has been characterised as " mean", readily, if not greedily, accepted these doubtful honours and faint praises. He possessed, both in his private life and in his professional capacity, good and great qualities, but as a public man he was a "trimmer", like so many of his contemporaries in those troubled and changeful times. But we have travelled too fast. In 1648 Sir Thomas was appointed a Commissioner of the Great Seal, as shown by this minute : — '■^ Die Mercurii 15 Martii, 1647. An Ordinance of the Lords and Commons assembled in Parliament for committing the Great Seal of England into the hands and custody of Commissioners. — The Lords and Commons in Parliament assembled, do order and ordain, and be it ordained, that the Great Seal of England shall be ' Called together again for the last time in 1660. xxvi Introductory Chapters. committed to the custody and keeping of Henry Earl of Kent, William Lord Grey of Werke, Sir Thomas Widdrington, Knight, and Bulstrode Whitelock, Esquire, who are hereby ordained Cominissioners for that purpose, for and during the time of the whole year, from the passing of this Ordinance,' which said persons are hereby constituted and appointed to be Commissioners for the custody of the said Great Seal of England during the time aforesaid ; and they, or any two of them, whereof one member of the Lords' House, also one member of the House of Commons shall have, and are hereby authorised to have the custody and keeping, ordering and disposing thereof, as also all such and the like Powers and Authorities, as any Lord Chancellor, or Lord Keeper, or Commissioners of the Great Seal of England for the time being hath lawfully had and used, or ought to have had or used — "John Brown, Cler. Parliamentorum ; Henrv Elsinge, Cler. Parliam. Dom. Com." Towards the close of 1648, Widdrington was most active in pro- moting the affairs of the Parliament, and was frequently engaged in confidential consultations with Cromwell. But when the " Rump" Parliament, in December of that year, appointed a Committee to prepare a charge against the King, Widdrington fled into the country in order to avoid being involved in so disagreeable a matter. Bulstrode Whitelock, who was a personal friend of Sir Thomas, thus narrates this episode.^ " 26th Dec, 1648. — This morning Sir Thomas Widdrington and 1 being together, Mr. Smith, who was clerk to the Committee for preparing the charge against the King, came to us, with a message from the Committee that they required us to come to them this day, they having some matters of importance wherein they desired our advice and assistance, and that we must not fail them. I knew what the business was, and I told Sir Thomas Widdrington that 1 was resolved not to meddle in the business about the trial of the King, it being contrary to my judg- ment, as I had declared myself in the house. Sir Thomas Widdrington said he was of the same judgment, and would have no hand in that business, but he knew not whither to go to be out of the way, and that the Committee might not know- whither to send to him. I replied that my coach was ready, and 1 was this morning going out of tow n purposely to avoid this business, and if he pleased to go with me, we might be quiet at my house in the country, till this business should be over, and 1 should be glad of his company. He immediately consented to go with me, and was not long in preparing himself for the journey." On the same day that the " Rump" Parliament proceeded to nominate a High Court of Justice for the trial of the King, January 6, 1648-9, for levying war upon the people of England, it appointed ' Widdrington held the ofl^ce till the death of the King. ' Whitelock, Memorials of English Affairs, p. 365. The Life of Sir Thomas Widdrington. xxvii a committee to prepare a design for a new Great Seal. This com- mittee brought up its report on the 9th of the same month. A design was decided upon, and the matter was referred back to the committee to be carried out. The engraving of the seal was entrusted to Thomas Symons, who received the sum of ;^ 200 for his work. The new seal was brought to the House by Sir Thomas Widdrington and Bulstrode Whitelock, Esq., on February 8. The old seal, made when the King was at Oxford, was also produced and handed to the Speaker. The House enacted that this old seal should be forthwith destroyed. It was accordingly broken into several pieces, by a workman who was brought into the House for the purpose. These were delivered, with the purse, to Sir Thomas and Whitelock, to be disposed of at their pleasure. On the same day an Act was passed adopting the New Seal as the Great Seal of England, and making it high treason to counterfeit it. After the death of the King (Jan. 30), Widdrington was ill at ease, and a few days later he accordingly rose in the House and desired to be relieved of the office of Commissioner of the Great Seal. There can be little doubt that the reason for this was the disquiet of mind he suffered in consequence of recent affairs. The reason he assigned was bad health. This was considered by the House to be an insufficient plea for vacating the post, and it declined to comply with his request. But Widdrington was determined to secure the relief he sought, and ventured to state that he was urged to press for the acceptance of his resignation by other circumstances also — conscien- tious scruples as to the manner in which the affairs of the land were being conducted. After considerable discussion on the matter, Sir Thomas was allowed to surrender the position, and in consideration of the faithfulness of his past services the Parliament conferred certain favours upon him, one being " a quarter's wages more than was due." In December, 165 1, Widdrington attended, as a member of the Council of State, the meeting held at the house of the Speaker to discuss the settlement of the nation after the battle of Worcester. The suggestion of Widdrington was that the third son of the King, the Duke of Gloucester, who had been the least embroiled in the affairs of state, should be made monarch with limited powers. How xxviii Introductory Chapters. Cromwell broke up the Council, and soon after turned the whole Parliament out of doors, is well known. When Cromwell called his second Parliament in 1656, more than ninety duly elected representatives were not permitted to take their places, because of their known opposition to Cromwell's autocracy. Sir Thomas Widdrington was returned by the electors of York, and not only took his place in the new Parliament as a trusted supporter of the Protector, but was promoted to the position of Speaker. In the following year (June 26, 1657), Cromwell was inaugurated for a second time Lord Protector, with authority to name his successor, and to create a House of Peers, and received from each member of the Parliament the oath of allegiance. The event was signalised by all the paraphernalia of regal pomp and display, and Widdrington, as Speaker, was the chief functionary at these formalities.^ His speech was very fanciful, and treated of the " cloak of purple velvet, lined with ermine", the Bible, and golden sceptre, which had been provided for the occasion by a special order of the Parliament. A detailed account of this event has been preserved by a contem- porary tract, entitled. An exact relation of the investiture of the Lord Protector. This pamphlet is made additionally interesting by a pictorial representation of the scene (see p. xxxi, par. 7). In 1658 Sir Thomas became Chief Baron of the Exchequer. In 1660, when the Long Parliament reassumed the government, he was transferred from the Court of the Exchequer to be principal Com- ' A Presbyterian tract, published in 1657, complainingly refers to the emoluments and distinctions conferied upon Sir Thomas. It says : " Sir Thomas Widdrington, as Speaker of the House, has thirty-five pounds a week, which is one thousand eight hundred and twenty-nine pounds per annum ; as Commissioner of the Treasury one thousand pounds per annum ; in all two thousand eight hundred and twenty nine pounds ; and hath besides for every private Act five pounds, and for every stranger that is naturalised or is made a free denison ; and hath gotten for that already, as is supposed, one thousand and five hundred pounds. He is Recorder of York. Having these great engagements on him, he can do no other, if he be required, to put the King's old robe upon his Protector." This tract (63 pages) is entitled, A Narrative of the late Parliament {so called), their election and appearing : the seclusion of a great part 0/ them : the sitting of the rest : luith an account of the places of profit, salaries and advantages, which they hold and receive under the present power, etc. Published for the information of the people by a Friend to the Commonwealth, and its dear bought rights and freedom." The Life of Sir Thomas Widdrington. xxix missioner of the Great Seal. Another honour conferred upon him must not be overlooked. Widdrington and Thomas Coghill became, by purchase, the owners of the Manor of Crayke, belonging to Durham Cathedral. At the Restoration this manor reverted to the Church again. B)' way of compensation for his loss, Widdrington was made Temporal Chancellor of the Province (Dec. 2r, 1660). About this time his official connection with York ceased. Soon after he had received the remorseless " sad complaint", Sir Thomas had a final proof that he was losing his hold upon the sympathies of the people of this city. In 1661 he failed to secure election as a member of Parliament for York, though he was elected by Berwick. He resigned the Recordcrship of the City of York in 1663. This was, without doubt, the result of his further "disgust" at the attitude of the citizens. In 1663I Widdrington founded and endowed a free school for boys in the parish of Stamfordham. This school was reorganised under a scheme given by Order in Council, June 29, 1878, and new school premises were erected in the following year. The present yearly value of the endowment is about £170, with a house and garden for the master, and a small field in the village. Sir Thomas Widdrington died in London in 1664, and was ' In this year we find the following rents were held in Northumberland by Sir Thomas : — Du.\field .... Slealey Town Colepitts .... VVhitchester .... Eachwike .... Heugh Towne Hawkwell . - . - Cheeseboume Grange - Nesbitt .... Ouston .... Keednall Lord'p Cowpan - . . . Whitehouse . . - - Rough Lees - . - - Heddon-on-lhe-\Vall - I s. d. 20 3 4 100 60 8 8 80 So 40 300 20 40 6 '3 6 30 Z799 •3 6 xxx Introductory Chapters. buried in the chancel of St. Giles -in-the-Fields,' where, ten years later, a monument,- now demolished, was erected to his memory by his four daughters.-^ The house occupied by Sir Thomas in York was removed early in the last century. The site of the mansion, now appropriated by two smaller houses, is in Lendal, exactly opposite the building known as Judges' Lodgings. I am sorry to be unable to present a portrait of the author of Analecta Eboracensia as a frontispiece to this volume. When a diligent search for one in all other places failed, it was reasonable to anticipate success in turning to his home at Cheeseburn Grange. The present owner, however, assures me that there is no portrait there which can be identified as that of Sir Thomas Widdrington. There are a few scattered literary remains of Sir Thomas Widdrington in the form of speeches, letters, reports, etc., but they are so fragmentary that they add nothing to his reputation. I. — The following is a list of his extant speeches. A list of these is given in Athenae Oxouieiiscs, but the one numbered 4 below is not mentioned there. 1. Speech to his Majesty, King Charles I, June 2, 1633, at Berwick-on-Tvveed, when the King was proceeding to Edinburgh to be crowned. Sir Thomas was at this time Recorder of Berwick. — Vide Rushworth. 2. Speech to His Majesty, March 30, 1639, at York, when the King was marching with his army against the Scots. — Vide Rush- worth. 3. Speech at a conference between both Houses of Parliament, July 20, 1641, at the transmission of the impeachment against Matthew Wren, D.D., sometime Bishop of Norwich, and afterwards Bishop of Ely. Printed on a single sheet. ' The interment took place May 16 [vide Register). The church, which had only stood about 100 years, was removed at the beginning of the last centurj', and was superseded by the present structure. - Described as a neat white marble monument, on the north side of the altar. It contained the arms of Sir Thomas, and a long Latin inscription. Vide Parton, Some Account of the Hospital and Parish of St. Giles-in-the- Fields^ p. 221. ^ See the family table, p. xxii. The Life of Sir Thomas Widdrington. xxxi There is a copy B. M., E. 199 {i).— Vide also Pari. Hist., vol. ii, pp. 861, 886. 4. Speech to His Majesty, March 18, 1641, at York, "what time His Majesty made his entry into Yorke, met by the Lord Maior". Given in outline, in a letter, by Symon Rodes, Minister in York, to his brother in London, and printed, London, 1642. There is a copy, B. M., 669, f. 3, 61. ♦ 5. Speech at the swearing of His Honour Judge Rolle to the office of Lord Chief Justice of the King's Bench, Nov. 15, 1648, one of the six Judges who accepted commissions from the Commonwealth after the death of the King. 6. Speech to Oliver Cromwell, April 4, 1657, when the request of the Parliament was presented to Cromwell that he should accept the title of King. 7. Speech to Oliver Cromwell, June 26, 1657, at Westminster, when Cromwell was inaugurated Lord Protector. The most interesting account of this speech is preserved in the tract, already named, entitled An exact relation of the investiture 0/ the Lord Protector. There is a copy B. M., E. 1954 (4). H. — A selection of the letters of Sir Thomas Widdrington is printed by Johnson, Fairfa.v Correspondence, and Bell, Memorials of the Civil War, the originals being preserved among the Add. MSS. at the British Museum. A letter from his pen, containing a humorous hit at the way news slowly circulated in the middle of the seventeenth century, appears in Whitelock's Memorials, under date September 5, 1649. HI. — It is worthy of notice that in the Appendix, p. 18, of Rushworth's Historical Collections, Part I, there are Reports of Arguments B. R. "taken by Mr. Widdrington of Gray's Inn." IV. — Again, the long Latin inscription on the monument of Lord Ferdinando Fairfax (d. 1647), in the Church of Bolton Percy, is supposed to be the composition of Sir Thomas Widdrington.' Biographical notices and notes of Sir Thomas Widdrington appear in : — Rushworth, Historical Collections, from 161S to 1648 (pub. 1659- 1701). ' See p. 304. ,<»«..-/'_ '^_^.. ,^7^~^ • ^^'^~'~'~^ /»-^<^^t ^.Ji^ ■^ v~*t »-iA jA^l^ ifv- /A^ ^~*- ^'^"^ ■ - j> aItx ;>%^ ^^/^ ^z ^V^>7>C^J A Letter by Sir Thomas Widdrincton. Printed : Bell, Memorials of the Civil War, toI. i, pp. 316-317. The Life of Str Thomas Widdrington. xxxiii Whitelock, Memorials of English Affairs, from the beginning of the reign of King Charles the First to the restauration of Charles the Second (pub. 1732). There are about forty references to Sir Thomas here. Wood, A.,Aehenae Oxonienses (ed. 1721), vol. ii, p. 335. Noble, M., Memorials of the Protectoral House of Cromwell (1787), vol. i, p. 427. Fuller, J., History of Berwick (1799). Johnson, G. VV., Fairfax Correspondence (1848). Bell, R., Memorials of the Civil War (1849). Foss, fudges of England (1848 — 1864), vol. vi, pp. 5 13-5 18. Markham, C. R., The Great Lord Fairfax (1870). Douthvvaite, W. R., History of Gray's [tin (1886). Scott, John, Berzuick-upon-Tweed (1888). There are also notices in the early lives of Cromwell, the best biographical dictionaries, and the topographical works on Northum- berland. A few personal reminiscences of Sir Thomas arc tabulated in the Index. CHAPTER III. Preface to the Present Edition. SHALL briefly indicate the general lines upon which this unique manuscript has been prepared for the press. I. I have endeavoured to ratify all the author's numerous* references to manuscript authorities. In some cases it has been need- ful to make these references more complete, e.^., p. 185, note 3, or p. 234, note 3. In other cases it has been necessary to give the correct reference where the reference given by Sir Thomas is wrong, e.g., p. 177, note 1, or p. 218, note 4. In a few instances I have not been able to identify the quotation, e.g., p. 264, note 3. Vide Index, under Correctiofis. 2. As a rule, the quotations from the Public Records are very correct {vide p. 250, note i), but here and there it has been necessary to direct attention to a word, e.g., p. 188, note i, or p. 242, notes 7 and 8. 3. Whenever an incorrect reading has been detected in the MS., I have allowed it to stand, placing the correct word or letter in the notes, e.g., p. 162, note 2, or p. 171, note i, or p. 260, notes 2, 3, 4. 4. In the case of printed authors, Widdrington often quotes early and rare editions. In such circumstances, where necessary or advisable, I have given references to more easily accessible copies of the respective works. ' The references to the Patent Rolls, for instance, alone number about one hundred and fifty. Preface to the Present Edition. xxxv 5. Analecta Eboracensia V12.S in part published, from my transcript, in the Yorkshire Herald. Some of the citizens interested desired that when putting Analecta Eboracensia into permanent form, I should give an account and estimate of the authors quoted by Sir Thomas. Since the author designed his work for the citizens, I have thought it wise to accede to this suggestion. This course is indeed almost rendered necessary, because Sir Thomas attempts no criticism of his authorities, but throws the whole responsibility upon them. He tells us, at the outset, that he adopts the motto Eides sit penes auctores {vide p. 16). Another request reached me in the same way. It was that a translation of the Latin quotations should be given. I have thought it well to accede also to this wish. A free translation of the charters, etc., will be found in the notes. 6. Nearly all the notes of Sir Thomas Widdrington have been incorporated with the text. Where, for some reason, this has not been done, his notes appear at the foot of the page signed T. W. In a few cases I have felt it necessary to extend the note, and in such places the T. VV. marks the termination of the original note and the beginning of mj' addition. See p. 273, note 3. 7. One has only to read Analecta Eboracensia to know that Sir Thomas Widdrington was a lawyer, and devoted to his profession. Some chapters abound with law terms. All definitions of law phrases I have based on Cunningham's Dictionary of Law Terms, especial 1\- in those cases where the words are obsolete. 8. Sometimes Widdrington spells the same word three or four different ways in the course of a few lines. For some time I debated whether this capricious spelling of the seventeenth century should be preserved. Were this characteristic retained the work would be additionally interesting to some ; but thus weighted, these chapters, which are at times b)' no means light reading, would be too heavy for the general reader to sustain. I have therefore eschewed all obsolete spelling, except in the case of proper nouns, and words used as proper nouns. I have amended proper nouns in such cases only where the word is offensive to the eye, and spelled without any regard to etymology. 9. Here and there a word is missing in the MS. Such words I xx.wi Introductory Chapters. have supplied in brackets, e.g., p. 230, line 14 from the bottom of the page. I should like to add that I have not had the time at my disposal which I deem desirable for my task. The only time I have been able to devote to this undertaking has consisted of brief and far too infrequent pauses in an intensely busy life, and leisure secured by extending my days far into the nights. In conclusion, I beg leave to acknowledge, with sincerest thanks, my indebtedness to E. Salisbury, Esq., B.A., of the Record Office ; Francis B. Bicklcy, Esq., and J. A. Herbert, Esq., B.A., of the Manuscript Department, BritLsh Museum ; and J. H. Cockburn, Esq., Solicitor, Rotherham, for many valuable suggestions made by these gentlemen. Nor do I forget the genial kindness of one who occupied a unique place in his knowledge of all archaeological matters concerning the North, and whose removal by death will be long lamented — the late Rev. Canon Raine. The deceased Canon was generously interested in my work, and afforded me assistance in many ways, visiting with me points of interest in the old city, and not hesitating to lend me manuscript notes from the great store amassed by him. His death was a personal sorrow, and for a time the event seemed to rob me of a powerful incentive to continue this work. The memory of my humble and respectful acquaintance with so good and learned a man is now a treasured influence in my daily life, for which, whatever words are used, I am sure to express inadequately the gratitude I feel. The illustrations are almost entirely from my own negatives. The representation of objects in Oxford has been facilitated by the courteousness of Horace Hart, Esq., of the University Press. The west door of the Minster, and the two church doors (opp. p. 172) are repro- duced from photographs by the late Mr. Joseph Duncan, of Minster Gates, who acquired an almost exhaustive collection of negatives of ancient doorways in and around the city. In compiling the plate of coins (opp. p. 181) I was favoured with the kind assistance of George F. Hill, Esq., M.A., of the Coin Department, British Museum. C^SAR CaINE. St. Thomas's Day, 1896, Ballaughton, Forest Drive West, Leytonstone. Hnalecta Eboracensia : OR, SOME REMAYNES ANCIENT CITY OF YORK COLI.KCTED RY A CITIZEN OF YORK. ^ ©ebtca^ton. "Sic quod fuit ante, relictum est : Fitque, quod baud fuerat."' " Nee manet ut fuerat, nee formas servat easdeni ; Sed tamen ipsa eadem est."* " York's not so great as old York was of yore. Yet York it is, though wasted to the eoare. It's not that York which Ebrauc built of old, Nor yet that York which was of Roman mold, York was the third time burnt,^ and what you see Are York's small ashes of antiquity." To the honourable the Lord Mayor of the City of York, and to the Aldermen^ Sheriffs, Common Council, and Citizens of the same City, Y Lord Mayor and Gentlemen, — I shall not tell you what time I spent in gathering these fragments, but assure you I spent no time at all to consider to what persons I should direct them. Most of the things con- cern you, and the rights of the city, with the government whereof you are trusted. The Dedication hereof is as proper to you as TuUy's book, De Sencctttte^ was to an old man. No persons are so ' Ovid, Met., lib. xv, 1. 184 (Fab. iii). "Thus what was before is past; and that which was not now exists." ' Ibid., 1. 170 (Fab. iii). " It neither remains as it was, nor keeps the same forms, for all that it is the very same." ^ York was burnt by the Saxons, the Danes, and the Normans.- T. W. ^ Marcus Tullius Cicero, Dc Sencctute. This dialogue on old age was suggested to Cicero by the opening of Plato's Rtpublic, which touches upon ihe enjoyments 1! 2 Dedicatiou. fit for this frontispiece as yourselves, for whose cause they were collected ; and the rather also because if anything be mistaken, wanting, or omitted, you are both able to correct or supply it. I will acknowledge now, in the beginning, that which is usually set at the end of imperfect pieces, Mtilta Dcsutit. And really I have not taken in all to this, which I have met withal, for I have done with these materials, which I have found, as the poet Virgil did with the verses of Ennius' — Pauca ex muliis, et optima ex illis paiicis eligenda {^{it^' out of many, and the best (as my weak judgment would serve me) out of those few). Nor have I found out all, yet I was not discouraged by that from doing what I have done. He, that cannot see so far nor so clearly as Lynceus did, must be content with that eye-sight which he hath. I thought fit to put it into an English habit considering the persons for whom I chiefly intended it, lest it might be said of it as Aristotle said of his Acroasis, " It is published, and not published", i.e.} to the advantage of those for whom I design it.^ The dial of this city hath a long time gone backward, and many special pieces of antiquity are already mouldered to dust, and I was doubtful that the small scattered remains of it might also in time vanish (cities as well as persons being subject to mortality), peculiar to that period of life. The treatise, particularly in the case of early English translations, has been, not infrequently, referred to as Tulley's, Tully's, or Tulle's essays, etc. Ca.\ton printed a translation under the title of Boke of Olde Age of Tulle. ' Eiinius is frequently imitated, and also quoted verbally by Virgil. The Aencid supplies many illustrations of this, as for instance, vi, 846 : — " Unas qui nobis cunctando restituis rem." This is taken from the well-known lines of Ennius, A. 9, fr. 8, preserved by Cic, Off., i, 24, and others : — " Unus homo nobis cunctando restituit rem : Noenum rumores ponebat ante salutem : Ergo postque magisque viri nunc gloria claret." Oonatus, a commentator on Virgil, who wrote about the beginning of the fifth century, says that he spoke of borrowing from Ennius as gold taken from a dung-hill. - This arrangement of the sentence is necessary, though the MS. shows no punctuation. ' Upon Aristotle publishing a certain work, Alexander, his once pupil, was jealous, lest he should not be able to maintain his mental superiority over others, in which he gloried more than in his conquests. Aristotle assured Alexander that the work would be useless in the hands of any except those instructed in philosophy by Aristotle himself. The correspondence was preserved by Andronicus of Rhodes. — Vide Plutarch, Alexander, c. vii. Dedication. which gave an edge to m)' desires and endeavours to preserve the memory of those things from the injury of time in such a way, as this poor confused pamphlet can afford. It is not unprofitable for us to know the passages of former times, nor can it be any regret unto us to hear that our predecessors were rich and great, though we ourselves be little and poor. But it is rather a shame and reproach unto us to be ignorant of the ancient rights of the city. An Egyptian priest told Solon that the most ancient Greeks of his time were but babes and children, because they could tell nothing bej'ond their own and their fathers' memory. It was a foul shame to the men of Syracuse, a city of Sicily, that they could not tell Cicero the place of the sepulchre and monument of their famous Archimedes though it were amongst them, which he, being a stranger, could do.^ As it has been my care in this to recount things, privileges, and persons, w hich conduce to the honour of this ancient city : so I have not concealed the misfortunes and miscarriages of our predecessors. The memory of the obliquities is peradventure as useful, though not so pleasant, as that of the former. Herein, as also in those matters which relate to the possessions or rights of other persons within the body of this city, I have dealt clearly and impartially. I cannot, nor will not, do the city right by doing wrong to others. My love to the city set me upon this work, but it cannot carry me beyond, or besides, the bounds of truth, so far as the light, or the glimmerings thereof, have appeared to me. I have touched little in this upon the present government of the city or things lately acted. Things fresh in your memories need not a remembrancer. Though we cannot but see poverty rushing in upon us as an armed man, or this city, if you please, in a deep con- sumption, there being a decay in the vital parts of trade, commerce, and confluence, yet I may say thus much without adulation or ostentation, that the present government of the city is very com- ' Cicero narrates, Ttisculanae Dispntationes, Bk. v, c. .\xiii, that, when he was Quaestor in Sicily, 75 n.c, he found ihc numunient which had been on the tomb of the great mathematician, near Syracuse. The site was overgrown by shrubs and briars, and had been entirely forgotten by the Syracusians. Indeed, it was not until the spot had been cleared by workmen that a satisfactory examina- tion of it could be made. This praiseworthy antiquarian search was adequately rewarded. Not only was the monument recovered— a sphere and cylinder — but the inscription, with the latter part of the verses effaced, was found on the front base of the pedestal, and deciphered. Leland similarly complains that at Malmes- bury they had nearly lost all remembrance of William the historian, the brightest ornament of that monastery. Dedication. mendable, unanimous in itself, [and retains also a good harmony with their Spiritual Guides. There is no strife between Moses and Aaron.]' Thcmistoclcs boasted that he could make of a little city a great one. If I were master of that art, York should be as great as ever it was. You will see by the following discourse what I can do, which is no more than what a little bee doth — she sucks from several flowers that honey which she afterwards brings into one hive. What I have learned out of Histories, Records, Year Books, Acts of Parlia- ment, and your own Records in books remaining in the city, and from the relations of other persons, or by my own observation in the course of my service to the city, they are all digested in this little model, which is but a nosegay of some flowers of the city, which lay con- fusedly scattered before. Julius Caesar did, by his will, give a legacy in silver to each citizen of Rome.^ Though I have a large affection for the City of York, yet my purse is not wide enough for such a distribution. This rude Collection is what I have to bestow upon all my fellow citizens of York, not a gift to each citizen, but one poor contracted legacy to them all, which I do heartily offer unto you as that which may remain as a lasting testimony of the truth and sincerity of my affections to the City and Citizens of York. ' The part in brackets is marked out in the MS. - The amount is variously stated. Vide Plutarch, Julius Caesar, c. Lwiii ; Suetonius, Caesar, c. Ix.wiii ; Dion Cassius, XLIV, c. xxxv ; Plutarch, Anlonius, c. xiv ; Plutarch, Brutus, c. xx. For the speech of Antonius on the opening of Caesar's will, vide Uion Cassius, XLIV, c. xxxvi-xlix ; Appianus, Civil Wars, ii 144-146 (in Oratorum Romanorum Fntgmeiita, ed. Meyer, 455). 7f^ j^ote on t!)r Illustration : AN EARLY REPRESENTATION OF YORK. I have taken this from B. M. Bid. Reg., 13, A. iii, f. 32. This volume is a 14th-century MS. of Geoffrey of Monmouth, with flourished initials in red and blue, and numerous drawings of persons and places. The ancient writer of this book cannot be charged with filling up his margins with purely imaginary or fancy sketches. Some of the drawings display a surprising correctness. In his drawing ofEbrauk, here reproduced, the east end of the Minster will be recognised at once. This drawing is perhaps the earliest architectural representation of York in existence. On the first page of this MS. there is the name of PONTICVS Virvnivs or LODOVICO DA PONTE, a commentator on the classics, who was born at Belluno 1467, and died at Bologna 1520. — C. C, Ed. ^ea^imomafe anb (Bfe^tea of i^tCit^ of ^orft. ATTHEW of Westminster! says that in the third period" of the world Brutus' built a city upon the River of Thames and gave it the name of Troja Nova, which afterwards by corruption of the word was called Trinovan- tum.' The same author tells us that in the fourth period^ of the world, in the time when King David did reign in Judea, Ebraucus, the son of Mempricius, did build a city beyond Humber, which he called from his own name Caer Brauk — the city of Ebrauk." Sylvius Latinus did then reign in Italy. Again, the same writer' says that in this foufth period, but somewhat later, the City of Rome ' In Flores Historiartan (14th centurj-), which has gained him the name of FlorHegus, and which comes down to the close of the reign of Edward I. The early portions of this history are httle more than a collection of legends and quasi- miracles. After this point, the work begins to be really valuable. Sir Thomas would have access to three editions, 1567 (an incorrect edition), 1570, and 1601. Of course, the best edition (three vols.) beyond comparison, for consultation now, appears in Chronicles and Memorials oj Great Britain. ^ This would be about 1 100 B.C., Chron. and Mem. G. B. : Flores //istoriarum, vol. i, p. 25. ^ The stor)' of Brutus and the descent of the liritons from the Trojans is un- known to the historians of Greece and Rome. This legend first appears in the romantic creations of Geoffrey, Archdeacon of Monmouth, and afterwards (1152) Bishop of St. Asaph. He does not profess to be an independent collector of materials, and a historian in the strict sense of the word, but principally the trans- lator of an ancient history originally written in the British tongue. — Geof. Mon., Historia Britonum, Bk. I, c. i. See also page 23, note 2. * Vide Geof Mon., Hist. Brit, Bk. I, c. xvii. ' About 1055 B.C., Chron. and Mem.; Flores Hist., vol. i, p. 31. ' This is found first in Geof Mon., Hist. Brit., Bk. 11, c. vii. ' Chron. and Mem. ; Flor. Hist., vol. i, p. 43. Testimonials and Elegies of the City of York. was built by the twin brothers Remus and Romulus. Certabant fratres Roniain Remainne vocarent} From these facts it appears tliat London and York are both more ancient than Rome. Circa 1 140, Joannes Sarisburiensis^ in Polycratiats? lib. viii, c. xix :* " Ibi, sicut Orosius et alii historici refcrunt, apud oppidum Ebora- cum (Severus) morbo obiit. Siquidem Britannia vencno semper exhorruit, et in principes non novit, sed pro suis principibus invictos gladios exercere. Praefatumvero oppidum, in id virium et temeritatis, temporis processu excrevit, ut urbibus antiquis audeat se conferre. Hoc ei forte tanti Imperatoris contulit scpultura."'' Joannes Picardus," Bellovacensis Canonic, in Annotat. ad Ep. Anselmi ad Gerardniii Archiepiscopmn Ebor., etc., lib. Ill, 121 ;" " Eboracum vero, Anglice Jortz,^ Gallice York, est urbs celeberrima, insulae Anglicanae ad Aquilonem inter Uscam et Fossam flumina, quae ipsam praeterlabuntur civitatem, ac inde simul juncta Humbrum influunt."^ Paulus Jovius,^" Episc. Nucerinus, in Descriptio Britanniae, Scotiae, Hyberniae, et Orchadnm ;" " In hac (viz. Northlandia) Urbs Yorca summam obtinet claritatem, Eboracum antiquis dicta, victricis legionis sede, et Sever! Imperatoris ■ " The brothers strove whether they should call (the city) Roma or Rema." - John of Salisbury was born about 1 1 10. ' A lengthy and celebrated philosophical work. * Vide Giles, P aires Ecclesiae Anglicanae. ' "There, as Orosius and other historians relate, he (Severus) died from disease at the town of Eboracum. * * * * Indeed, the aforesaid town has grown, in process of time, in vigour and enterprise to such an extent as to aspire to rank with the cities of antiquity. The burial here of so great an Emperor perhaps conferred this distinction on it." ' Died 1617 ; to be distinguished from the astronomer priest of the same name. " Anselmi . . . opera omnia . . . studio . . . J. Picardi, etc., (pub. 1612). Epist., lib. Ill, fol. 147, col. 2. ' Sic. The word also stands thus in Picard's Notes. " " Eboracum indeed, English Jortz, French York, is a most famous city in the north of the island of England, lying between the rivers Ouse and Foss, which flow through the city itself and thence united run into the Humber." '" Bishop of Nocera, historian and litterateur : 1483- 1552. " Ed. 154S, p. iia. I o Testivionials and Elegies of the City of York. morte insignis. Ab Eboracense Archiepiscopo et totius Scotiae et Orcadum Insularum I'raesules sacra pctebaiit, sicut nunc petuntur a Scotis, tanquain a Primario universae Britanniae."' William of Malmcsbury- records that Alcuinus, the great honour of this city,^ being with Charles the Emperor in France, in his epistle, Ad Eboracenses, writes thus : — " Civitas Eboraci caput est totius regni."^ William of Malmesbury gives the following testimony of it : " Secundae post Cantuariam dignitatis est Eboracum, urbs ampla et metropolis elegantiae Romanae praeferens inditium. A duabus partibus Husae fluminis edificata includit in medio sinus sui naves a Germania et Hibernia venientes."* * " In this (viz., in North-land) the city of York, called by the ancients Eboracum, obtains very great renown as the seat of the Victorious Legion, and also through the death of the famous Emperor Severus. The Bishops of all Scotland, as well as of the Orkney Islands, used to seek consecration from the Archbishop of York (as they now seek it from the Scottish Archbishops) as though he were primate of the whole of Britain." ^ William (B. 1095, D. 11 50), librarian and precentor of the Monastery of Malmesbury. The works ascribed to him number more than a score, the best known being Gesta Regum An^hniiii and Historia Novella. The former closes at 1 125. His Modern History continues the story to 1 142. He is regarded as having a worthy if not an adequate conception of the responsibilities of the historian. He coveted the position of successor to Bede (674-735), and so far did he attain this ambition, that he is placed, in order of time, as the second important historian of England. ^ Albinus Flaccus .A.Icuinus (English name, Ealhwine) was born about 735 in York. He was educated by Egbert, Archbishop of York. Upon the death of Archbishop Aelberht, Egbert's successor, Alcuin was made head of the school or University of St. Peter, a position formerly occupied by the Archbishop. He was induced by Charles the Great to forsake Northumbria for France in 7S2, where the abbeys of Ferrieres, Troyes, and St. Martin at Tours were conferred upon him. Here he died in S04. He was a great educationalist and a voluminous writer. For further references to Alcuin see Index. ^ " The City of Eboracum is the head of the whole kingdom !" Reference is here made to a letter by Alcuin to King Ethelred (.'V.D. 793) in which he speaks of a calamity coming from the north— the Danish invasion. — Citron, and Mem. ; Willelmi Malmesbiriensis Monarchi gesta Pontificum Anglorum, Prolog., Bk. lU (p. 209). ' "Eboracum is the second in dignity after Canterbury, a large city and a metropolis, affording evidence of Roman splendour. Built on the two banks of the river Ouse, it receives into its very centre (haven) ships coming from Germany and Ireland."— Will. Malmes., Cesta Pontificum, Prolog., Bk. Ill (p. 208). Testimonials and Elegies of the City of York. 1 1 John Leland,' in his commentary Cygnea Cantio, saith thus " Eboracum Regina Aquilonaris Britanniae urbs."- John Johnston,^ poet, of Aberdeen, says : " Londinum caput est, et Regni urbs prima Britanni, Eboracum a prima jure secunda venit."' ' Chaplain, Librarian, and Royal Antiquary to Henrj' VIII. - The complete passage is : " Hinc properat Eboracum reginam Britanniae aquilonaris urbem ubi orientem versus Fossain amnem Calerterii nemoris alumnum placido accipit alueo." Vide Leland, Commentarii in Cygneam Cantioreiii, etc. Londini, mdxlv, unpaged. Translation: "Hence it reaches York, the Queen City of Northern Britain, where, towards the east, it receives into its placid bosom the Foss, a tributary river from the Forest of Galtres." ^ John Johnston (B. 1570, D. 161 1) held the Divinity Chair of St. Andrews from 1593 till the year of his death. He appears to have been an epigrammatist rather than a poet, for although his epigrams are neatly turned they lack poetic quality. His chief work consists of a series of epigrammatic addresses to the Scottish Kings. He also contributed some epigrams on Scottish towns to Camden's Brilannia. ■* The whole passage runs : — " Praesidet extremis Artoae finibus orae Urbs vetus, in veteri facta subinde nova ; Romanis aquilis quondam ducibusque superba, Quam post barbaricae diripuere manus. Pictus atrox, Scotus, Danus, Normannus et Anglus, Fulmina in banc Martis detonuere sui. Post diras rerum chides, totque aspera fata, Blandius aspirans aura serena subit. Londinum caput est, et Regni urbs prima Britanni, Eboracum a prima jure secunda venit." These words have been thus rendered :— " O'er the last borders of the northern land, York's ancient towers, tho' oft made new, command. Of Rome's great princes once the lofty seat, 'Till barbarous foes o'erwhelm'd the sinking state. The Picts, the Scots, the Danes, and Normans, here Discharg'd the loudest thunders of the war. But this once ceas'd, and every storm o'erblown, A happier gale refresh'd the rising town. Let London still the just precedence claim, York ever shall be proud to be the ne.xt in fame." This verse is introduced by Philemon Holland into his edition of Camden's ^r;Vn/;«/ name of Burgham Castle.' It was heretofore part of the possessions of the Barons Veteriponte or Vispontes,- and came to the Lord Clifford by the marriage of one of the daughters and heirs of Lord Vispontes, and is now enjoyed by the Rt. Hon. the Lady Clifford, Countess Dowager of Pembroke, Dor.set, and Montgomery, the only daughter and heir of George, late Earl of Cumberland. (2) It appears by Caesar and Tacitus that several colonies of the Gauls seated themselves, as in other countries, so in Spain ; from whence again being disturbed by the Romans, Carthaginians, and other nations they were forced to seek new habitations, and might either first seize on the western part of middle England ; or, from Ireland, that place not sufficing them, empty themselves into this island, where they might give the name Kboracum to York, from Ebora,^ a town in Portugal, or Ebura in Andalusia, the former of which is to this day called Evora ; to which if you add c, being in the 1 Brougham Castle, or anciently Burgham, is identified as the Roman station of Brocarum, founded by Agricolo a.d. 79. The medieval castle was built, it is said, in part, out of the Roman remains. The estate was in possession of the Brougham family, of which Lord Henry Brougham was a late and conspicuous ornament, since Sa.xon days. In the time of King John (i 199- 12 16), Gilbert de Burgham gave one-third of the estate to Robert de Veteriponte to relieve it of certain rights of seigniory over the manor, given to Veteriponte by William I at the Conquest. This grant included the site occupied by the castle, which was greatly enlarged, if not built, by Veteriponte. The ancient manor house remained in the hands of the Brougham family, and is known as Brougham Hall. The castle was in ruins in 1403 through the incursions of the Scots. In 1617 James 1 lodged here. The building was restored again by the Lady Clifford referred to by .Sir Thomas, in 1651 and 1652. It was occupied by a garrison of foot in 1659. It fell into utter ruin early in the following century. - The chief representatives of this house : — 1. Robert de Vipount, slain in 1085. 2. Robert de Vipount, who was living in 1107. 3. William de Vipount, who was living in 1203. 4. Robert de Vipount, brother of the said William, held the honour of Totnes 1165, ob. 1227. 5. John de \'ipount, ob. 1242. 6. Robert de \'ipount, ob. circa 1265, leaving Isabel, wife of Roger de Clifford, and Idonea, who married firstly Roger de Leyburne and secondly John de Cromwell, his daughters and heirs. — Vide Nicholas N. H., Peerage of England, p. 666. The Roger de Clifford named above was slain in an e.xpedition against the Welsh in the time of Henry III. — Burke, Extinct Peerages, art. Clifford, p. 122. •'' Evora (anciently Ebora) lies 72 miles from Lisbon, and is one of the most interesting cities of Portugal. Quintus Sertorius took it 80 B.C. An aqueduct erected by him, and restored in modern times, still supplies the city with water. Derivation of York. 19 ancient Gaulogifts a diminutive, you have Eborac, the rest (um) being a Latin termination. And of this opinion is George Buchannan.^ (3) If you will have it more immediately derived from Gaul, or Gallia Belgica, you may deduce it from the Eburones, a people that inhabited about Li^ge in the time of Caesar ; who, possibly, might be transplanted hither, and gave it the name of Eburack, or Little York. There are also the Eburaici or Ebroaci (for it is read both ways) in Gallia Celtica, whose chief city Eboraicum, or Ebroicum, now Evreux,- in Normandy, favours exceedingly this etymology of York, and may very well augur a transplanting of the natives hither.* [Derivation of the name York.] (i) Verstegan in his Book of tJie Restitution of Decayed Intelligence says that the ancient Britons called the city of York Caer-Efroc. Our ancestors called it Everwick and Eberwick, which, by vulgar abbreviation, might come to Voric or Boric, and so lastly York. Ever or Eber is, in the ancient Saxon language, a wild boar (though the latter name be English also). Wic is a refuge or retreat, and it may be that it had of our ancestors this appellation as being the refuge or retreat from the wild boars, which, heretofore, might have been in the Forest of Galtres, which is within a mile of that city. And the more like it is for that there remains yet a toll called Guyd-law, which is for cattle at Bootham Bar, a gate of the city so called, and was first made for the payment of guides, which conducted men, belike to save them ' This historian is repeatedly quoted by Widdrington. Of Buchannan's history nineteen editions attest the value which succeeding generations have attached to it, but strange to say the last was pubhshed so far back as 1762. Judging him from a modern standpoint, his history lacks criticism in the use of authorities, and is unequal in merit. The three first books are considered the best portions. ^ Evreux (anciently Mediolanum, and later Eburovices) is the capital of the French department of Eure, and is situate 67 miles W.N.W. from Paris. Exten- sive Roman remains exist in the vicinity. ^ The etymology of this name has been a fruitful source of controversy. To the three suggestions given by Sir Thomas, others have been added. For instance, it is said to be made up of aber (Welsh signifying the meeting of waters) ; AC (Celtic signifying field, as AGH in Irish, and auch in Scotch), and the Latin terminal um. The name would thus signify the field at the meeting of the waters — an appropriate description of York. Among scholars two points have now received acceptation, (i) It is held that the Roman name was not derived from the British, but that the British Caer Ebrauk was derived from the Roman appellation. (2) Again, it is not improbable that the root of Eboracum is the name of a tributary of the Ouse, which once gave its name to the whole stream— the Eure. The question is one which cannot now be satisfactorily solved. C 2 20 Derivation of York. from being hurt by thfs cruel beast through the said forest. This is Verstegan's conjecture.' (2) But some rather believe that the name of it is derived from the river Eure, so that the signification of the name amounts to this much — a city placed upon Eure ; and so they, the Eburauci, a people of France, sat down by the river Eure, near to Evreux in Normandy, and from thence contracted their name. But it is true that the river Eure, which hath the name of Eure at Boroughbridge, 12 miles from this city, hath gained the name of Ouse, from a petty rivulet, which ariseth near a village named Ousburn, to which it hath given the name, and robbed the river Eure of its proper name. John Leland .says that the river Nidd goeth into Eure, corruptly there called Ouse, at Nunmonckton. This city hath had several masters from whom it hath obtained several names. Ptolemy called it Brigantium, because it was the chief city of Krigantes. Nennius called it Caer Ebrauc. The Saxons, eVOR-piC and GOFOR-pii:, that is Evor- wick, or Eoforwick." (3) John Leland thinks thus, esteeming the river of Ouse for one of the rivers of Isis : " The river Ouse", says he, " arises in the farthest part of the little province of Richmond, at a place called Cotterhill or Cotterend. It passeth through divers places, and comes at last to Boroughbridge, and there is called Isurium, the name of Isis being preposed to Eure. Ptolemy,* speaking of the cities of the Brigantes, mentions this of Isurium, and so doth Antonine'' in his Itinerary, but it came to nothing when the Danes destroyed all England, with fire and sword, Nunc seges est et villa rustica ubi Isurium fuit!" " Here the ploughman frequently found the relics of some ancient ' Verstegan, Richard : A Restitution of decayed intelligence in Antiquities ; concerning the most noble and renowned English nation. Published at Antwerp in 1605. It is a valuable and most interesting work treating of some of the ancient manners and customs of the Saxons ; their idols, with plates of some of the principal ; the invasion by Danes and Saxons ; and some interesting chapters on the language. The book, however, must be used with care, as many mistakes have crept in. Fol. 108. * Drake develops this at the end of his first chapter (p. 6). ' This eminent scientist of the ancients flourished in the time of Hadrian and the two Antonines. His geographical treatise continued to be the standard work, and the handbook of all the schools, until the fifteenth century, when the explora- tions of the Portuguese and other nations revolutionized this science. * Antonini Itinerarium : This is an exhaustive Itinerary of the entire Roman world. It was completed before the death of Augustus, a.d. 14, but received considerable additions under Antoninus Pius (a.d. 138-161), and M. Aurelius Antoninus (A.D. 161-180). ' "Where Isurium stood there is now a cornfield and farmhouse." A Theory from Leland. 2 1 walls, and some Roman coins. The name of the place is now Aldbrough, as much as to say, an old town. Now here is the difficulty, for the neighbours about here say that Ouse, a little below Boroughbridge, doth receive Eure, which seems not very probable, since Isurium anciently, as may be collected out of the very word, doth carry the name of both the rivers, and lesser rivers do many times give the name to the greater, as appears both in this and Thames. And the river after it is a little passed below Boroughbridge, the people affecting brevity, wholly leaving out Ure, hath taken up the first part of the name and called it Isis, vulgarly Ouse. And if a man shall fully consider the name Yorcwik, which by contraction is York, he will understand that it hath taken that name from Isurewick, retaining the first letter and casting away the second, and changing the third letter into O (as lorewic or Yorewic), which is soon thrown into York." So far goes John Leland.^ But I doubt I have gone too far in this, being a matter only conjectural, and wherein my guides profess little knowledge or certainty. And therefore I shall conclude with that which is certain, that it is called Eboracum in the Book of Domesday, and the modern name of it is York. [The several Conditions of the Citv.] Howbeit, I am not willing to go along with some historians who will not look into the original of this city beyond the time of the coming of the Romans to this island ; yet it must be acknow- ledged that before that time the memory of it is very dark and obscure, or if it ever had any light it is now set under a bushel. Hardly any glimmerings of it are derived to us, which is not to be attributed only to the great distance and space of time between them and us, but also to the barbarousness and rudeness of the ancient Britons, and to a particular doctrine infused into them by the Druids, who were both their priests and judges, which was not to commit any of their dictates or actions to writing,- which ' Of this name, a less laboured origin than those given by Sir Thomas, is as follows : — The Anglo-Saxon name of the city was, with slight variations, Eoferwic, signifying, probably, the chief city. In Danish times this became contracted to Yorvik. How readily this could be reduced to York is very easily seen. ' " Magnum ibi numerum versuum ediscere dicuntur. Itaque nonnulli annos vicenos in disciplina permanent. Neque fas esse existimant ea litteris mandare, <|uum in reliquis fere publicis privatisque rationibus [Graecis] litteris utantur. Id mihi duabus de causis instituisse videntur : quod neque in vulgus disciplinam 22 Paucity of Information. is the grand preserver of things. Nennius/ himself a Briton, complains of this in the beginning of his History ; so that what they were and what they did is in a great measure vanished with themselves. And those petty monuments, which they had, either of their country or their cities or towns, they appear not, but, as Gildas- writes, were either burnt by the fire of the enemies, or carried away by themselves when they were driven out. And some have observed that the small light we have had of any of the passages of those times hath been from the ancient Fathers of the Church, who did write in or near those times. So that little can be found or said herein, unless we could find a thread to guide us to our first bottom, or could happen upon such a discovery of things in the dust as Matthew of Westminster reports of those who found out the head of King lulmund (commonly called the Martyr) in the woods by a voice which cried unto them, " Here ! Here ! Here ! "^ This is not to be expected. Where there is no penman to record the memorable acts and passages of times, the memory of them is swallowed up in the gulf of oblivion. In the first and second ages of the world there was nothing written to convey to our knowledge the memory of the first creation, or of the general deluge, till Moses, the Divine penman, did put the same into writing in the third age of the world. And so it is reported of Memnon in Egypt, and of Cadmus in Greece.* The memory of the Britons fell near this oblivion, for it does not appear from their first habitation that any man ever set forth the history of their beginnings, or wrote the lives of their kings except Gildas, whose book or epistle is rather a satirical lamentation, or a lamentable satire against the governors and the people than a history. efferri velint ; neque eos qui discunt, litteris confisos, minus memoriae studere. Quod fere plerisque accidit, ut, praesidio litterarum, diligentiam in perdiscendo, ac memoriam remittant." — Caesar, Commen/artes, Bk. vi, c. xiii. ■ Little is known of the author of this book, save that he wrote in the early part of the gth century, and was a disciple of Elbodug, Bishop of Bangor. Nennius abounds with legends, but has preserved some valuable early material relating to the Saxon Conquest. See a review of Zimmer, Nennius vindicatus, by A. Nutt, in The Academy, Aug. 12 and 19, 1893. ^ What has been said as to the uncertainties which envelop the life of Nennius, may be repeated, without reserve, concerning Gildas, who was also a monk of Bangor. He wrote, in the 6th century, an account of the occupation of Britain by the Romans, their departure, and the invasion by the Saxons. The book is interesting as the first attempt to write the history of Britain. ' This extravagant fable appears previously in William of Malmesbury.— /?eror Consianiiiis Ckloriis. 31 and yet may serve for the glory of the Tribunal of this city to have such a judge. And, from this place, it was that Severus and Antonius, the Emperors, consulting in a question of right, gave forth their Imperial constitution, De Rei Vindicatione.* Here the good Emperor Flaccus Valerius Constantius, surnamed Chlorus,- having laid good beginnings for the introduction of Christianity, ended his life, and was deified according to the custom then used among the Romans. Upon the suppression of abbeys, in a certain chapel, or little vault underground, where Constantius was supposed to have been buried,^ there was found a lamp burning.'* Constantine, the great,'' who was the son of Constantius and Helena, the daughter of King Gallius or Coel, was first saluted Emperor in this place, and, as some conjecture, born here.** But of that I shall speak more afterwards. because of the high station that he filled, his penetration, or his knowledge that he left an imperishable name ; his e.xcellent understanding, guided by integrity of purpose, has made him the model of a true lawyer." — Vide Smith, Class. Diet. ' See Appendix, No. i. ^ Emperor a.d. 305-306. ' Nennius, section 25, locates the tomb of Constantius at Caer Segont (near Carnarvon). * Camden is responsible for first placing on record the medieval fable as to the finding of a burning lamp in the tomb of Constantius Chlorus. There is no proof that this Emperor was buried in York, all authorities being silent concerning his funeral obsequies. It is highly probable that his body was cremated according to Roman custom, and the ashes removed to the Imperial city on the Tiber, as in the well known case of Severus. Tradition says that the tomb of Constantius was found in the parish church of St. Helen-on-the-Wall, which stood in Aldwark. Possibly a church was erected here in Roman times, and even by the order of Constantine when converted to Christianity, the site being contiguous to Bedem, the area of the Praetorian Palace in the palmy days of Eboracum. What could be more fitting than that such a church should be dedicated to the mother of the great Christian Emperor, and the lady who was the reputed discoverer of the true Cross. From the unique situation and dedication of this church there sprang, doubtless, the legend of the burial of Constantius here, a theory favoured at least by the fact that there was no direct evidence to the contrary. This story of the burning lamp does not stand alone. Such a lamp is said to have been found in the tomb of Tullia, the notorious daughter of Cicero, and of Pallas, the Arcadian, who was slain by Turnus in the Trojan war. Bishop Wilkins, in hxs MathemiUical Mugic (pub. 1691), devotes three chapters to these "subterranean lamps", quoting cases in which lamps are supposed to have burned for 500, 1,500, and nearly 3,000 years ! No schoolboy with a smattering of modem science would give credence to such fables. But the medieval greed for the quasi-miraculous would easily transfer such a wonder to the reputed grave of an Emperor whom there was reason to distinguish and honour. * Emperor, a.d. 306-337. ' York is no longer authoritatively regarded as the birthplace of Constantine, Religion in Eboracum. [Eleven^ years before the first Council of Nice,^ three British bishops were present and subscribed to the Council of Aries,' of which Eborus of York was one ; the other two were Restitutus of London and Adelphius of Colchester* Some write, but I doubt upon no sure grounds,'' that St. I'aul, though there are some who, through affection for the old city, still contend that this distinction is her due. .Sir Thomas speaks of this as a mere "conjecture", showing that he doubted the worthiness of the tradition. In these days of more complete investigation the claim of York to this honour is not admissible, even as a conjecture. The oft quoted authorities— the Panegyrists, the Ambassadors at the Councils of Constance and Basil, also Baronius, .Selden, etc.— have been abandoned on this question. ' The whole of the paragraph in brackets is introduced from the British section where it is inopportune. The e.xact words are preserved. .See page 23. - Convened by Constantine, a.d. 325. Theodoret says 31S bishops were present. ■' Convened by Constantine, .\.l). 314. ^ Adelphius is supposed to have represented Caerleon-on-Usk, not Colchester. They thus represented the three divisions of Roman Britain : Maxima Caesariensis, Britannia Prima, and Britannia Secunda. ■■ SirThomas does well toe,\press doubts as to the trustworthiness of his authorities on this matter. He quotes, for instance, Sophronius, De Lahorihus: et peregrina- tionibus SS. Petri et Pauli. This work is only a fragment of fifty lines, and is generally considered as spurious. Some writers attribute it to the Bishop of Jerusalem in the 7th century, and others to Sophronius the Presbyter, who flourished in the 4th century. This fragment may be seen in Migne, Patrologiae Graecac, vol. Ixxxvii, Part III, and in La P>igne, Maxima lUbl. I'elerinn Palnim (Ed. 1654), vol. V. Another author quoted is Callistus Nicephorus, a monk of Constantinople, who flourished in the 14th century. He gained the name of " Ecclesiastical Thucydides" because of the elegance of his composition, and the " Theological PHny" because of the marvellous fables contained in his writings. The work referred to here is Historiae Ecclesiastiau. The fourth authority jjroduced is Dorotheus, Bishop of Tyre. The title of his book is Synopsis de vita et morte prophciarum ac apostoloruni et discipulortim Christi. Kn English translation was appended in 1636 by Meredith Hanmer, to his translation of Eusebius, Ecclesiastical History, under this title : The Lives, the Ends, and the Martyrdomes of the Prophctes, Apostles, and scvcntyc disciples of our Sai'iour, •written in Greek by Dorotheus, above a thousand years ago. This treatise is the only surviving fragment of the works of Dorotheus. His other writings, casually referred to by Eusebius, are lost. The lives are merely brief notes. The whole synopsis does not contain thirty pages. Of Simon Zelotes he says : — " Simon Zelotes preached Christ through Mauritania and Aphrick the lesse. At length he was crucified at Bretannia, slaine, and buried." A marginal note says : — " It is doubted where this Bretannia should be." It is suggested that it may be Bethania. According to Eusebius he was crucified under Trajan. Hanmer Religion in Eboracum. 33 Simon Zelotes, and Joseph of Arimathea, preached The Word here in Britain. And Venantius Fortunatus/ in his life of St. Martin, about the year 570, writes thus of St. Paul the Apostle : — "Transit occanuiii, vel qua fatit insula portuni, Quasque Britannus habet terras, atque ultima Thule."- Sophronius, Patriarch of Jerusalem, in his book, Dc peregrinatione Petri et Pauli, and Nicephorus, and Dorotheus Tyrius in Synopsi Apostolonivi, say plainly that Simon Zelotes both preached and suffered here. The like witncsscth the hi.story of Glastonbury concerning Joseph of Arimathea. Sir Henry Spelman, in his book, De Conciliis^ writes thus : — In this age there was little notice taken of the Archbishops of York. But the city itself became more eminent in the time of the Romans, for then it was the head of this kingdom (as Alcuinus reports), Britannici orbis Roma alterai Palatium, Curia, et Praetorium Caesaris. In these times the Temple of Bellona was there, and was so at the time of the death of the Emperor Severus, for he was unawares led into it. There was then no receptacle for the Christian religion in this city. And there are but four Bishops mentioned in this city from the time of King Lucius (A.n. I So) until the coming of Austin (a.d. 597) the monk, into England, which was full 400 years, though it seem to be the first seat, and Britannorum Patriarcluitus. Thus far Sir Henry Spelman. states that Simon succeeded James in the Bishopric of Jerusalem, when 112 years of age ; it is therefore not improbable that he was crucified at Bethany. The tradition which connects the name of Joseph with the Abbey of Glaston- bury is purely legendary, and can in no way be substantiated. The earliest mention of the tradition is in the Chronicle of Melkin of the 6th century. It is not, however, improbable that he derived his information from one of the early Abbots, who, anxious to increase the fame of the oratory, as well as the revenues, fabricated the whole story of Joseph's visit to Britain, of his building the original small wicker edifice at Glastonbury, and his burial therein. ' Fortunatus (Venantius Honorius Ciementianus), a Latin poet, and Bishop of Poitiers 530-600. De Vita S. Martini appears in La Bigne, M. Bibl. Vet. Pat. (1654), vol. viii, fol. 753. ^ " He traverses the sea wherever an island affords a harbour, and the lands the Briton possesses, and the remote Orkney." De Vita S. Martini, lib. IV (In La Bigne, fol. 766, col. 2). The form of the quotation suggests that T. W. has taken the extract from Usher, Brit. Eccles. Antiq., fol. 4. ' Sir Henry Spelman, Concilia., Decreta, Leges, Constitutiones,in re Ecclesiarum Orbis Britannici {1629-64), fol. 22. This passage, of which Sir Thomas gives a synopsis (not a translation), is headed, " De Archiepiscopis Eboracensibus ante Augustinum." D 34 Register of Simon Russell. Ponticus Virunius' relates^ : — "Sedes aiitem Archiflaminum (quae fuit antiquissima religio), in tribus nobilioribus civitatibus fuerant, Lundoniis videlicet, atque Eboraci, et in Vrbe Legionum."' The city was formerly the seat of one of the Arch-flamens, and afterward in the time of King Lucius turned into an Archbishopric* This appears by the Book oft/ie Commandry or Prepositure of Beverley^ which was compiled by Simond Russcl, A.D. 1416, and begins thus : — " Liber Tractatus divcrsarum cvidentiarum tangentium dignitatem beneficium et dominium Praepositurae Ecclesiae Collcgiatae Beati Johannis Beverlaci, antiquitus fundatac in Comitatu Eborum in quadam patria vocata Dayra, viz., sylva Deyrorum, tempore Lucii, illustrissimi Regni Britanniae, primi Christian! Regis ejusdem, filii Coyl Regis pagani, uncti ab Eleuthcrio, Papa post Petrum, A.D. nostri Jesu Christi Filii Dei Patris Omnipotentis, Crcatoris cocli et terrae, cum Sancto Spiritu, secundum computationcm Ecclesiae Anglicanae 126, et postea destructum^ per paganos Ursum et Enggistum et iterum renovatum" et fundatum^ per praedictum Johannem Archiepiscopum Eborum."^ ' Already referred to, p. 7. 2 Britannicae Historiae, at the end of Liber Quartus. Pub. m.d.xx.xiiii, Ed. Anemoecius. ' " Moreover, the seats of the Archflamins (which was a most ancient religion) had been in three celebrated cities, viz., London, Eboracuin, and the City of the Legion (Caerleon-on-Usk)." ^ Though the story of King Lucius is so extremely mythical, it is profoundly interesting to know that we have buildings which testify to the existence of the Christian church in Roman Britain. The Venerable Bede (Bk. I, c. 26) says : — " There was on the east side of the city (Canterbury) a church dedicated to the honour of St. Martin, built whilst the Romans were still in the island, wherein the queen, who, as has been said before, used to pray." (Giles' Trans.) The walls of the nave of the present church of St. Martin are constructed of Roman bricks. This venerable building was reconstructed in the 13th century, and the pre- Augustine Church was embraced in the enlarged fabric. Within these walls The Word has been preached, and the Sacraments have been administered, for a period of more than 1500 years. Antiquaries ascribe to the churches of St. Mary, Dover, and St. Peter-upon-Cornhill, London, an equally early origin. * For an excellent account of this book see Poulson G., Bcverlac, p. 520. This book may have been the Iciger book of the Collegiate Church of Beverley, in which all grants and leases were entered. Various names have been given to it, z>., Tlie Register of Simon Russell, The Provosts Book, The Great Register, The Town Book of Beverley, etc. See also Leland, Collectanea (Ed. 1770), vol. vi, p. 43, and Mon. Ang. (Ed. 1830), vol. ii, p. 127. ° destructum, renovatum, fundatum ; sic, for ae. ' "The Book of the treatise of divers testimonies as to the dignity, property, and jurisdiction of the Provostship of the Collegiate Church of the Blessed John of Beverley, anciently founded in the province of Eboracum, in a certain district Flamens. 35 This Arch-flamen^ had a temple here called the Temple of called Deyira, namely, in the wood of the Deyirians — in the time of Lucius, of the most illustrious Kingdom of Britain, the first Christian king of the same, who was the son of Coil a pagan king, and who was baptized by Eleutherius, Pope after Peter — in the 126th year (according to the computation of the English Church) of our Lord Jesus Christ, Son of God the Father Almighty, Creator of heaven and earth, with the Holy Spirit, and afterwards destroyed by the heathen Hengist and Horsa, and rebuilt and founded by the said John, Archbishop of Eboracum." ' The only authority for the reputed existence of the Flamen and Archflamen in England is Geoffrey of Monmouth, a writer of undoubted fertility of imagination, whose writings must be used with extreme caution. His conclusions must by no means be accepted without being fully supported by others. His tradition of the British Church and the Flamens is bound up with the story of Lucius, which is now accepted on all sides as fabulous. He relates that in the time of this king there were 28 Flamens and 3 Arch-flamens in Britain, who, in conformity with pagan rites elsewhere, used to offer incense, and sacrifice cattle to the pretended deities. These ceremonies of heathenism being suppressed, and all things being governed by Christianity, Bishops were consecrated in the room of Flamens, and Arch-Bishops in the jurisdiction of Arch-Flamens. The residences of the Arch-Flamens being in the principal cities of London, York, and Caerleon, these became Archbishoprics, and the other 28 cities of lesser note they erected into Bishoprics, and settled the bounds of every diocese. Geoffrey cites Gildas as his authority, but no such reference is made by Gildas, neither is any mention made of the Flamens by either Malmesbury or Giraldus. The first Archbishop of whom we have any record is Alexander, the predecessor of St. Athanasius, in the see of Alexandria, in the 4th century. Now, accepting for a moment Geoflfrey's statement as correct, how is it that two centuries are allowed to lapse before the institution of the Arch-episcopate is recognised in any other part of the world ? Further, how is it that this fact of the consecration of Bishops and Archbishops, as advanced by Geofl^rey, is ignored by all chroniclers from the 2nd century until the 12th century, when Geoffrey wrote ? Furthermore, there never was a distinction between Flamens and Arch-flamens, as there is between Bishops and Archbishops. To show this we must briefly review the office of Flamen. These sacrificial priests were consecrated to the service of some particular deity, and originally numbered three : Dialis, Martialis, Quirinalis. Later, every god had his Flamens, and even the Roman Emperors, when they were dead and deified, had their Flamens. The Flamens, it is true, were divided into Minores and Majores, but this distinction in style did not carry with it any difference of power. It was simply indicative of the antiquity of their order. The three first Flamens instituted by Numa were styled Majores, whereas those that were added afterwards were styled Minores. Of this society or order, which formed a college or corporation, there was one head, the " pontifex maximus", but this high priest was only head of the college, and, what is more, the jurisdiction of the whole society was confined to a single city, and by consequence could not reach to the pretended primacy of an Arch-flamen, or include a provincial superintendency. Fuller, with amusing brevity, thus disposes of the elaborate theory of Geoffrey. He says, "His Flamens and Arch-Flamens seeme Flamms and Arch-Flamms, even notorious falsehoods" {Church History, Pt. I, p. 12, par. 9). Flamm = n. a lie ; V. to deceive. D 2 36 Bcllona. Bellona,' referred to above, which did stand till the time of Constantine the Great. And, howbeit, that the Temple of Bellona be long since removed hence, yet in most of the intestine troubles of England York hath had the misfortune to be a seat of war, and therefore the Temple of Bellona may seem as proper for it, in the heathen times, as the Temple of Minerva or Hercules was for Bath, whom the poets Bellona. J. L. Gerome. ' Bellona was the Goddess ot War, and is spoken of as the companion of Mars : — " Saevit medio in certamine Mavors Coelatus ferro, tristesque ex aethere Dirae ; Et scissa gaudens vadit Dis- cordia palla : Quam cum sanguineo sequi- tur Bellona flagello." ("Mars rages in the midst of the battle * * * whom Bellona follows with her bloody scourge." — Vide Virgil, .^?«., lib. VIll, /. 700.) To her a temple was erected in Rome and the principal cities of the empire. Ale.\. Donatus, in Roma veins ac Rccens, by a plan shows the position of this temple in Rome — outside the city on the north-west {vide Ed. 1639, p. 36). This plate is copied, on a reduced scale, by Drake, Ehora- cum, pi. viii, p. 56, fig. I. Before the temple there stood the Mar- tial Pillar, from which a spear was hurled as a declaration of war. Speaking of the court be- fore this temple, Ovid says : — " Est ibi non parvae parva colunina notae. Hinc solet hasta manu, belli praenuntia, mitti. In regem et gentes cum placet arma capi." (There is therein a little column of no small fame. Hence the spear is flung from the hand, as a challenge to war, whenever it is decided to take up arms against the The Saxon Invasion. 37 anciently feigned to be presidents of the hot-bath. But in process of time the Temples, vowed by the idolatrous priests to profane gods, were consecrated to the service of the only true God.] If there were no other te.xt to prove mortality and change, York might serve for that purpose. Cities, as well as persons, being the subjects of vicissitudes, Britain, and, in it, this city must again change its masters. The Roman Empire is under declension in the time of Valentinian the younger. Vortigcrn, ambitious of the rule of the Britons, will set up for himself, but doubting of his power to oppose the Romans and his ancient enemies, the Picts and Scots, prays aid of the Saxons — a sturdy and valiant people.^ They arrived here, under the conduct of Hengist and Horsa, and after a little pause, these new guests became enemies to their first hosts, and take part with the Picts and Scots. The poor Britons are driven out of the best part of the land, and became as miserable as the Conquerors could dare, or the conquered could bear. And not York only but Britain, in a great part, is now become Saxon. These Saxons were called Angles from the place of their habitation, called Old Anglia. " Saxonia protulit Anglos Hoc patet in lingua niveoque colore."' king or the nations. — Vide Ovid, Fasti, lib. vi, /. 206.) If the temple in Eboracum occupied a seat corresponding to the one assigned to it in Rome, it without doubt stood outside Bootham Bar. This martial shrine is connected with an event in the life of the Emperor Severus (193-21 1). When this great soldier returned from his expedition against the Caledonians to Eboracum, he was desirous of presenting his thanks to the gods. He was led, in error, by an ignorant soothsayer, to the Temple of Bellona. Here black cattle were brought out for sacrifice. These he refused to offer, and betook himself to the Imperial Palace. By the neglect of the attendants, these intended sacrifices followed him to the Palace threshold. This circumstance was regarded as an omen of the approaching death of the Emperor. Such is the story of Spartian in his life of Severus. This narrative is interesting, as confirming the supposition that the Temple of Bellona stood without the present Bootham Bar, for, returning from the north, Severus would enter the city by the gate to which the present Bootham Bar corresponds. I have sought in all directions for representations of Bellona, but have met with nothing so powerful as the statue in ivory, with drapery, weapons, and ornaments in coloured bronze, by J. L. Gerome, which was exhibited in the R.A. in 1893. Some representations are lameness itself, and others have too many fanciful accessories. For the representation here given see Academy, June 3, 1S93 ; A//ie»a-um,]\\nt 17. 1893, etc. ' The Saxons arrived in a.d. 450. ' " Saxony produced the English. This is evident from their language and fair complexion." 38 King Arthur. And now came in the name of Gens Anglica, and England. This fell out in the 31st year of Theodosius the younger, and of Christ 430 or 428,' according to Bede's accompt. It was very shortly divided into a Heptarchy. But still he that had the greatest power, as Bede says, was King of the English nation. They were heathenish, serving vain gods, and used customs which were abominable, and continued so till Austin, commonly termed the Englishmen's apostle, was sent here by Gregory the Great, where, with happy success, he planted Christ in their hearts, and converted them to the Christian faith, but had little influence on the northern parts. But before I go into the particulars, more especially relating to York and the Saxons, I shall tell you somewhat of the story of Arthur,^ the warlike British King, the son of Uther Pendragon,^ who prosecuted the war against the Scots and Picts, and al.so against the Saxons, whom he valiantly defeated in several battles, for now the Britons have some rule again, and herein you will find some mention of this city of York. Besides his inclination to protect the Christian faith, he was adorned with many honourable virtues, but chiefly renowned for the love of chivalry. He instituted an order of knights, who sat with him at a round table, and were called Knights of the Round Table. Ex Itinerario Jo. Lelandi (a.D. MDXXXVlll), fol. 63 : — " Withyn a Mile of Perith, but in Westnierland, is a Ruine, as sum suppose, of a Castel withyn a flite Shotte of Loder and as much of Emot Water, stonding almost as a mediamnis betwixt them. The Ruine is of sum caullid the Round Table, and of summe Ariure's Castel."^ I mention him the rather because I find, out of a Scotch Chronicle, that after he had overthrown the enemy, in two great battles, he took London the chief city of that kingdom, and setting matters in order there, marched directly towards York, but the brute" of the aid coming out of Germany, and the winter approaching, forced * This date is certainly too early. The Romans were hardly out of the country at this time. ^ King of Britain A.D. 516, said to have been crowned at the age of eighteen. ' Geoffrey of Monmouth, Hist. Brit., Bk. vill, c. .\iv-xvii, relates that he gained this name — "Dragon's Head" — from a comet of dragon shape, from which Merlin, the prophet, predicted Uther would be King. ■* The eight volumes known as Leland's Itinerary were deposited in the Bodleian Library in 1632. These were published by Heame in 1710-12. Sir Thomas quotes, of course, from the MS. Fol. 63 refers to par. i of vol. vii. ^ Brute = rumour. King Arthur. 39 him to raise his siege.^ But he came to Yori< the winter following, and through great fear of the sudden success of the former year the town was rendered, and he lay there that winter. All neighbours about, and noblemen of the county came in unto him, and made merry in the end of December, gave themselves up to excess and riot most men doubling, and the rich trebling, Saturnalians ; during which time they held work unlawful, they sent gifts each to other, and no servant was to be corrected. Thus far gocth that Scotch Chronicle, wherein, says Buchanan, men celebrated rather the feast of Bacchus than the memorial of a Saviour. This they say was the original and spring of all the loose and licentious pranks at York for Christmas, and of that proclamation which used to be made at York, that for the twelve days, all loose and naughty persons were to be suffered to come and go, and act libertine practices without control for that time ; and thereupon lords of misrule were set up. Ye shall hear some ancient verses of this King Arthur out of an ancient manuscript of the Lives of tJu Popes and Emperors, and of the British Kings. This book, reciting King Arthur's battle with the Romans, goes on thus : — - " Greater battayle fan fis, I wene, was never none But hit were fat of Troy, for per unef' none Prince, in all the world, but he was fer fider send, From pe west side of fe world to Jie Est-end. Tho had Arthour y-won, from ]>e west sea. All \& lond of f e Mons, or he came to a zee, He fought to win Rome, but A messinger came from fis lond, and new tidyngs to him seyd, Pat Modred his Nevew, to whom he toe his lend. Had y-nome fis kingdome all hole into his hand. ' This was in the year 520. The relieving force of Saxons was commanded by Childric, and came over in 600 transport ships. 2 We notice at a glance that Malory's Le Morte Dartkur, and this extract, diverge from each other in certain main particulars. The extract presents the earlier form of the story of King Arthur as told by (leoffrey of Monmouth (lib. xi, cap. i, ii), before "certain books of French", to use Caxton's phraseology, added the stories of love and chivalry, the guilt of Guinevere and Lancelot, the quest of the Sangrael, the doom which hung over Arthur's life, and other things which have enchanted generations of readers. ' Gloss.\RV.— There are only two or three words which present any difficulty. Uneth : scarcely ; Tho : then ; Or : ere ; Toe : delivered ; Nome : took ; Rede : counsel ; Dradd : afraid ; Yed : went ; Hendy : polite, gallant ; Blive : quickly ; Y : this prefix denotes the imperfects and participles of verbs, being a corruption of the A. S. £e. 40 King Arthur. And y-crowned himself King Jirough )>e Queen's rede, And held her in spousbrcach in foul flesshely dede. Alas, ['0 kiper trechery how migt hit be more ! Tho was King Arthour full of sorrow, And so, wij) \q powers of ))is lond home hiderward he drove. Tho Arthour, wi|) his power arived, in Jiis lond ; Mordred began, wi|) his host, ageyn him fast to stand. Att I'e haven,! one battayle per |)ey smit, wif great mayn. Per was y-sleyn |e hendy man, \aX noble knight, Sr. Wawaine, And Aunzel, King of Scotland, and many |)0usand also. And the lepry man Modred, tho all ))is was y-do, Flee, wij) all his power, to Winchester, fast, So pat King Arthour, |)e feeld had, at |)e last. Tho (Jwenhuner, ))e luper Queen herd of his case. From Eurewic to Karlcon, she flee wi|> wcel quick pas. And bycam per a Nonne to lyve in chast life. Sumwhat she was y-dradd pat she yed soe blive. She hyed not to her lord to welcome him to lond. Yet hur was better Nonne to be, pan come under his hand." Some are of opinion that the faith of Christ was planted in some particular places of this island in the time of the Apostles. Most write that Eleutherius, Bishop of Rome, at the request of Lucius, King of Britain, sent Duvanus, Faganus and other learned preachers to sow the seed of the Gospel here in the year \.V). i8o. The Church was weakly planted, and had many eclipses and inter- missions. The first Archbishop, I hear, of York was one named Sampson, appointed by King Lucius. Some say that King Arthur made one Piraunus Archbishop here, and that Tadiacus was the last Arch- bishop before the coming of the Saxons. As I said before, the knowledge of the Gospel was in this island formerly. But the north parts remained in ignorance a long time after. The occasion of their conversion was the marriage of Edwin, King of Northumberland,- with Edilberge, a Christian lady, the sister of Edbald, King of Kent (Goodwin : Catalogue of Bishops, p. 432).* Paulinus, formerly Bishop • Geoffrey says this was Rutupiae, now known as Richborough, one mile from Sandwich, Kent. This was the favourite port of the Romans when crossing from the continent. It is mentioned by Ptolemy, Geography ; Antoninus, Itinerary; in the Notitia; and also by such writers as Lucan, Juvenal, Tacitus, Orosius, and others. ' King from 617 to 633. ' Francis Godwin, Bishop of Llandaff and afterwards of Hereford. His Catalogue was published in 160 1 and 161 5. T. W. quotes from Ed. 1601. King Edwin. 41 of Rochester, with the lady, was the instrument to draw this king into the service of Christ, whose service is the greatest liberty, and the most resplendent honour of kings. The King was baptised by him. Bede says that this was done on the holy day of Easter, being the twelvth of April (627).! Paulinus also converted a great number of the commons and nobles, as Stubbs writes.- For 60 days together, he never ceased one moment, but cither informed the people by preaching or imparted Christ in baptism, which he ministered in the open fields and rivers, churches being then not built. He used the river Swale, in the North Riding of this county of York, to this purpose, which was reputed from thence a sacred river, where in one day, with festival joy, he did baptise ten thousand men, besides women and children. Rede reports this of Faulinus, though others apply it to Austin, the monk. An English poet writes thus of King Edwin : — " Hopen man he was, and first to Christendome Thorue the Archbishop S. Pauhn he come." King Edwin, against the time of his own baptism, caused a little church to be erected of boards in the City of York, which he dedicated to St. Peter. Afterwards, he laid the foundation of a very stately building which his successor Oswald finished. Edwin made Paulinus Archbishop of this place, and he afterwards received a pall from Pope Honorius. Cadwalla, King of Wales, and Penda of Mercia came against this good King Edwin, and overthrew him in the field,^ and slew him, and his head was interred in this church in York in the year 634.* As the day of religion dawned more clearly in this place, so did that of learning also at this time. In the year 731, Egbert, the brother of King Eadbert, was made Archbishop of York, in whose time the Episcopal pall was restored to this See."^ He erected a famous ' Bede, Ecc. Hist., Bk. 1 1, c. xiv. 2 Stubbs, Actus Pontificum Eborum, f. 1687. — T. W. ' The battlefield was called Heavenficld because of the number of Christians there slain. It is now known as Hatfield by corruption. The place is near to Doncaster. * Bede, Ecc. Hist., Bk. 11, c. xx. ^ Egbert, a Prince of the Royal Family of Northumbria, was appointed Bishop of York by Ceolwulf, in 732. There had been a continuous line of Bishops of York since the Northumbrian Christian King Edwm was slain at Hatfield (633 A.D.),and the consequent flight of Archbishop Paulinus to the Court of Eadbald of Kent, but the -4rc/rbishopric had been in suspension. Paulinus died Oct. loth, 644, at Rochester, and there left that distinction of the pall which he had received from 42 York Library. library in this city, plentifully stored with excellent books. William of Malmesbury terms it " The closet and cabinet of all liberal arts". And now was York become a seat of the Muses, as well as of Mars, and of trade, and the Athens of the North. Flaccus Alcuinus, some- time keeper of this library, and the great honour of this city, then schoolmaster to Charles the Great, first founder of the University of Paris, of whom I shall write more hereafter, in an epistle of his to the Church of England, writes thus' : — " Give me the books of deeper and more exquisite scholastical learning, such as I had in my own country of England, by the good and most devout industry of the Archbishop Egbert, and / will send back unto you some of our boys, who may exemplify out of them all those things which shall be necessary, and bring the flowers of Britain in France, that there may not be a garden of learning enclosed only within York walls, but that the streams of Paradise may be also at Tourcs."- But now we are falling into the lamentable time of the Danes. For the condition of the city in the time of the Danes 1 shall not say much. The sad ditty of this discourse can be no other than the lachryme of York, for it hath nothing in it but sadness, miseries, and almost confusion. About the time of King Egbert, in the year of Christ, 800, the Danes first landed in England — barbarous and cruel Pope Honorius {Bede, Bk. 11, c. xx). In 735 Pope Gregory III sent Egbert a pall, thus creating him the second Archbishop. Egbert was both a saint and a scholar, and the reputed founder of the celebrated university and library of York. ' Sir Thomas is at fault in describing the letter, and also in giving the sense of it, the incorrect portion being shown by italics in the text. The latter may be seen in Migne, Patrologiae cursus complelus, vol. 100, Alcuinus ; Epistola, 43 : Ad Carolum magnum. This letter was addressed to the Emperor while Alcuin was in France, a.d. 796. The letter is quoted by Will. Malmes., De Gest. Reg. Attgl. Bk. I, chap. iii. The passage reads in the somewhat briefer form given by Malmesbury : — " Give me the more polished volumes of scholastic learning, such as I used to have in my own country, through the laudable and ardent industry of my master, Archbp. Egbert. And, if it please your wisdom, I will send some of our youths, who may obtain thence whatever is necessary, and bring back into France the Flowers of Britain : that the garden of Paradise may not be confined to York, but that some of its scions may be transplanted to Tours." (Giles.) 2 This library must have suffered when the city was seized by the Danes, in 867, but doubtless its destruction was completed at the time of the Norman desolation of the city and province. Alcuin, in a poem on the saints of the church of York, gives, in metre, a catalogue of the books in this famous library. See Migne, Patro. cursus comp. ; vol. loi, Alcuinus, col. 843. Mullinger, Tht Schools of Charles the Great, pp. 61-68, whilst pointing out the deficiencies of this list, shows that this was the best library in England or France at that time, and for some hundreds of years afterwards. The Danish Period. 43 guests — Lords and Lordanes.^ Now is all England in tumult and hurly-burly — cities rased, churches fired, counties wasted, and new tributes raised called Dangelt. The Danes did waste and spoil this city in the year a.d. 867. The walls were so battered and shaken by reason of continual wars that Osbert and Ella, Kings of Northumberland, whilst they pursued the Danes, easily broke into the city, and, being both of them slain in the midst of it, left the victory and the city to the Danes. And for some time the Danes enjoyed it, but they were afterwards defeated.^ The Danes afterwards had some overthrows, but in the drowsy time of King Ethelred they got footing again, and began to play their old pranks. They were so insolent that the English by an epidemical conspiracy killed most of them in one night. But this blood quenched not, but rather increased, the flame. Sweyn, King of the Danes, sent an army to revenge this slaughter, by which he gained the whole country, and left it to his son Canute.'* Willielmus Gemiticensis in De Ducibus Normannends, writes thus : — " Suenus congregato exercitu ad Eborum domicatum Angliae regnum tradidit ultricibus flammis. Videntes id Eboraci se subigunt illius dominationi."^ Alcuinus, in his epistle to the King of Northumberland, presaid this : — " What signifieth", says he, " that raining of blood which in Lent we saw at York, the head city of the whole kingdom, in St. Peter's Church, to fall down violently in threateningwise, from the top of the roof in the north part of the house, and that in a fair day? May it not be thought that blood is coming upon the land from the north parts ?"5 And you shall hear that in the time of King Edward the Confessor, the city had rest again ; and yet it received a further mischief from, or by occasion of, the Danes afterwards. The city is again out of the great Danish cloud ; the bright rays of the government of this good King Edward shined upon it and the * The Danes first landed in England a.d. 832. They attacked the sacred island of Lindisfarne in 793. ' In the MS. this paragraph appears after the incursion of Sweyn. ' Sweyn invaded England 1013. Ethelred died 1016. Canute succeeded to the throne in 1017. * Gulielmus Gemiticensis, De Ducuin Normannorum Gestis (Ed. 1602), Bk. iv, c. vii, in Camden, ^;»2_^//ir« Scripta. Translation: King Sweyn assembling his army at York, the Capital of the Kingdom of England, delivered it to the avenging flames. The inhabitants of York seeing this, submit to his authority. T. W. quotes from some epitome. " See p. 10, note 4. 44 Domesday Book. whole land. The king is highly honoured for two things — i, his piety to God ; 2, his love to the laws of the land. The first occasioned him to be canonised as a saint, and for the second he was voted by that and succeeding ages for a good patriot. My business is to tell you what the condition of York was in the time of this king, which I shall do from authentic testimony of the Book of Do))tcsday, though taken after his death,' remaining in the Receipt of the Exchequer, a copy whereof, as to this city of York, I had from the Chamberlains of the Exchequer.- The Survey was begun in the fourteenth year of King William I, and perfected in the twentieth year of his reign.^ The book is in Latin, and York is therein called by the name of Eboracum, and it is in several parts thereof called a city, though the citizens arc called Burgesses in other parts. It appears, by that book, that in the time of Edward the Confessor, there were in the city six divisions or shires, besides that of the Archbishop.'' One of these was laid waste for the castles or forts. In the five divisions there were 1,418 dwelling mansions, to give entertainment, and in the Archbishops' 200 dwelling mansions besides. "In one of these shires the Archbishop hath yet a third part. In these no man hath any custom besides Mcrlesuain in one house which is within the castle, and besides the Canons of the Church, wherever they shall dwell, and besides the four Judges, 1 The introduction of this matter is indeed premature ! It was my intention to transfer these paragraphs to their proper place in the Conquerors reign, but fearing this would be too serious an interference with the MS. I have allowed the matter to stand as I find it. ^ Students and readers had to wait more than a century after this for an edition of Domesday Book. It first appeared in 1783, edited by A. Farley, printed from types made in 1768 for the purpose. Ten years were occupied in passing the sheets through the press. The edition of 1816, edited by Sir Henry Ellis, is used for reference in these notes. ' The following dates have been given to this work : — 1083, by Robert of Gloucester, vol. ii, p. 373, and by the Chronicle of Bermondsey, B.M., MSS. Harl. 231 ; 1084, by Henry of Huntingdon, Rerum Anglic. Script, ap. Savile, p. 212, Ed. 1596; 1085, by the Saxon Chronicle; 1086, by Bromton, Script, x. Twysd., p. 979; Simeon of Durham, Ibid.., p. 213; Roger Hoveden, Script, ap. Savile, p. 263b, Ed. 1596, and others. This latter date agrees with the Memorial of Completion at the end of the second volume of the work. By Stow, Annals, p. 1 1 8, we are told : " The Booke of Bermondsey says this Booke was laid up in the King's Tteasurie (which was in the Church of Winchester, or Westminster), in a place called Domus Dei or God's House, and so the name of the Booke, therefore, was called Domus Dei, and, since, shortly, Domesday." * Domesd. Bk., vol. i, p. 298. Domesday Book. 45 to whom the King, by his writ, hath given mansions during their lives. " But the Archbishop hath the full custom in his own shire. " Of ail the said houses there are 400' now dwelt in, in the hands of the King ; and 40^ mansion houses not dwelt in which render some more, some less, rent ; and 540'' arc void which render nothing ; and 145 are held by the French. " The Bishop of Durham holds, of the gift of the King, the Church of All Hallowes, which belongs to him, and all the land of Uctred, and the land of Ernuin, which Hugh, the Sheriff, did deliver unto Walcher,* the Bishop, by the King's writ. And the burgesses, which dwell in it, say that they hold it under the King. "The Earl of Morcton has 16 mansion houses here, two stalls in the Shambles, and the Church of St. Crux." This record reckons up several thanes and persons by name which had houses there, among which I find the name of William de Perci, that he held 14 mansions formerly belonging to other persons there named, and the Church of St. Mary's. And the said William Perci claimed the Church of St. Cuthbert from Earl Hugh, and seven little mansions, containing 50 foot from one mansion, of one Uctred. " The burgesses say that William de Perci did take it away into his castle when he returned from Scotland. But William de Perci denies that he had the land of Uctred, but says that he carried it into the castle by the leave of Hugh, the Sheriff in the first year after the demolition of the castle." Under the title of Eurewicschyre in the Book oj Domesday I find this : — " Terra Willielm. Perci.^ "Will. Perci habet in Tadcaster, in Linton, in Normanbi."'' ' This should be 391. - This ought to be 400, not 40. ' This ought to be 545. ^ For an account of the honours showered upon Walcher by William, and his death in 1080 at the hands of his own vassals, see Surtees, R., Hist. Durham, vol. i, pp. xvi, xvii. Will. Malmes. relates his death in Gcsta Ponti/., lib. in, par. 132, and also in Gesta Reg., lib. ill, par. 271. ' He was the founder of the Abbey of Whitby, of which his brother Serlo was the first Abbol. He had three sons, Alan, Walter, and William. Uugdale gives a minute account of his descent, Baron., Tom. i, p. 269. His lands in Yorkshire and Lincolnshire seem to have been given to him after the suppression of the rising in 1069. Vide Ellis, Index to Tenants in Capile, sub Perci. ' The three names are selected from a list of about So places in the Percy estates, Domesday Book, vol. i, fols. 321^-323. There is no apparent reason why these places, in particular, are named. 46 Domesday Book. And in another place of the same book : — " Clamores' dc Eurewichire. " Calumniatur Hugo Comes super Willielmum de IVrci carucatam terrac in Figch"ngae dicens cam pertinere ad Witebi.- " Sex carucatas terrac Vlchil in Aluuintonc quas habet WiUrelmus de Perci ad opus Roberti Malet quia pater suus habuit superiores terras.-' " Willielmus Perci advocat pares sues in testimonium quod vivcnte WiUielmo Malet et vicecomitatum tcnente in Eurewick fuit ipse seisitus dc Bodctonc ct eam tenuit."* " Robert Malet hath 18 mansions, and Gospatric hath the Church of St. Martin, and the Church of Trinity. " In the .shire or division of the Archbishop there are the Archbishop's Palace, and the Canons' houses. The Archbishop hath as much power in his shire as the King hath in his shires." The book goes on with the geldable lands of, or near, the city, which are very large, consisting of many carucatcs of land, which are to extend not only to the suburbs of the city, but into several towns adjoining, namely, Osbaldwic, Mortun, Whitchester, Rouclif, Sceltun, Stoctun, Sambura, Hewarde, Fuleford. " In the circuit of the city" (by which I understand to be meant the suburbs), " are 84 carucates of land, each of which is geldable as much as one house in the city. "In these towns they had soc, sac, them,'' and all customs. "In the manors of the Crown the Earl hath nothing, nor the King ' The clamores or claims entered in the survey were usually between Norman and Norman, on King William's donation, Kelham, Domesday lik. illustd., p. 126. In most counties they occur under the respective property. Those in the counties of York and Lincoln are entered by themselves, Ellis, Gen. Intro, to Domcsd. Bk., vol. i, p. 32. 2 Domesd. Bk., vol. i, fol. 373. Abbreviated. In full it reads: — "Earl Hugh claims of William de Percy (one) carucate of land in Filing (in the Wapentake of Langbargh) saying it belongs to Whitby (but he has no proof)." 3 Domesd. Bk., vol. i, fol. 373.^. Abbrev. " Six carucates of land of Ulchil in Elvington which William de Percy has, are affirmed to belong to Robert Malet, because his father had (them as well as) the above lands." * Dotnesd. Bk., vol. i, fol. 374. " William de Percy summons his peers to witness that during the life of William Malet, and while he held the Lieutenancy of Yorkshire, he was himself seised of Bolton and held it." ' These words are thus defined by Sir Henry Ellis, Intro. Domesd. Bk., vol. i, pp. 273-275 :— Saca was the power and privilege of hearing and determining causes and Domesday Book. 47 in the manors of the Earl, besides what pertains to Christianity, which is under the Archbishop. " In all the land of St. Peter Eurwic, St. John's, St. Wilfred, St. Ciithbert, nor of St. Trinity, neither the King, nor the Earl, nor any other had any custom. "The King had three ways, by land, the fourth by water. In these ways all forfeitures belong to the King, and to the Earl, where- soever the ways be, either through the King's land, the Archbishop's, or the Earl's. " Wherever peace, given by the king's hand, or seal, be infringed, to the king only must the amends be given by the 12 Hundreds, every Hundred £Z. "If peace given by the Earl be broken, by any person, amends must be made to the Earl by Six Hundreds, every Hundred £'^!' It may be observed from hence that those which are now called Wapontacks, and have been so termed for many j-cars, had anciently the name of Hundreds. " If any man be outlawed by the law, none can give him peace but the king. But if the Earl or Sheriff turn any man out of their territories, they may recall him again, and give him peace if they will. " These thanes" (many of whose names I have omitted being at this day uncouth and obsolete) " pay relief to the king only for their lands, viz., such of them as hold above 6 manors, paying for relief ;^8. " If a thane holds six manors, or under, he pays for relief, to the Sheriff, 4 marks of silver only. " The Burgesses of York city pay no relief" I wish I could end this chapter in this pleasant story, but it must conclude with a tragedy, for by the death of this good King Edward, the diadem of England wanting a head, Harold, the son of Earl Goodwin (who had been contriving this design whilst King Edward and he lived), thinks his head fit for it, and he puts it on in the absence of the other competitors, which were three : first, Edgar Etheling, whose title wanted nothing but strong supporters ; second the Danish interest ; and, thirdly, Duke William, who by the help of a good sword proved the best. But Harold was sacred, and crowned disputes, le%'ying forfeitures and fines, e.xecuting laws, and administering justice within a certain precinct. Soca was the territory or precinct in which the Saca and other privileges were exercised. Team, or, T/icaine, signifies a royalty granted by the King's charter for the having, restraining, and judging bondmen, neifs, and villains, with their children, goods, and chattels. 48 The Battle of Stamford Bridge. by Aldredus, Archbishop of York. And soon after falls out a great misery upon this city for (not to mention the passages which con- cerned the other parts of this nation), Tosto, the fierce Earl of Northumberland, brother to Harold, by the assistance of Harold Harfager, King of Denmark, who, with 300 ships had entered the River of Tyne in Northumberland, joining his fleet to these Danes, both of them enter the mouth of the great River of Humber, and drawing up the River of Ouse, landed their men at Richall' near this city. They were opposed by the Earls Edwin and Morcar, but with no effect, for many of them were slain, and more drowned. The enemy swelling with this success hasted towards York, where the siege was no sooner planted but the city was yielded. And now they thought themselves secure with such advantages as are before mentioned. But Harold comes to York, defeats and scatters these late conquerors, and amongst them, Harfager and Tosto, their chief- tains are killed.- By this victory fell unto Harold an exceeding booty besides the great armada of Harfager and Tosto. But York was miscrabl}' plundered, left in a sad condition, and yet not quite ridded of the Danes, or otherwise they afterwards kennelled here again, which was the occasion of almost an utter destruction of it, as will appear afterwards. When Daniel, the prophet, had the vision of the estate of the four great monarchies of the world — the Chaldean, the Assyrian, the Grecian, and Roman — it was set out unto him by the four winds. And indeed what are all the Empires of the world but as wind ? The wind hath now blown the Norman Duke into the Empire of this nation, which with the three former of the Roman, Saxon, and Dane, makes up the fourth change of this nation.^ This was an ill wind to the city of York, as the sequel of this chapter will declare. All natural things are set upon a wheel,* like the wheel in the chariot of Sesostris, king of Egypt,^ which was ' I.e., Riccall. ^ In the Battle of Stamford Bridge, .Sept. 25th, a.d. 1066. ' The Handbook Y.P.S. says that comparatively few remains of the Saxon possession of the city have been discovered, and that there is a still greater paucity of memorials of the Danish occupation. One of the most interesting "finds" of later years occurred in 1884, and consists of the refuse and waste of some Danish workshops. ' Jas. iii, 5. The tongue is said to set the whole course of nature on fire. The word in the original is ypoxoi the wheel of nature. — T. W. ^ According to Greek historians an Egyptian King who conquered the world. The name of this legendary monarch is variously spelled. The form adopted here is that given by Herodotus. William iJie Conqueror. 49 drawn by four kings. And from the turning of it, one of the kings observed the mutability of earthly things, because that part of the wheel which was just now upon the height, is ere soon at the bottom, and so a converso. The Norman is now on the top of the wheel ; the Briton, Roman, Saxon, and Dane, are below, or rather quite cast off the wheel. The nation of England hath (as the moon) had several changes, and this city upon every one of these changes hath, like Proetus altered its shape, and the shape of it now becomes as sad and miserable as ever. King Edward being dead without issue, Harold (as you have heard) took up the sceptre, and held it not long, for a stronger came, that is to say William, Duke of Normandy, and took it out of his hands, although Edgar Atheling had the best right, as being the only issue male of the Saxon line, but — -jus sibi vendicat ense} This Norman Duke, upon his first victory, (the manner whereof I shall not mention) is made King. It is very certain what Ingulphus- writes, who lived in the days of that king, that he took the survey of the whole land, that there was not a hide in England but he knew the value and the owner thereof, and there was not locus nee lacus, neither plash or place, which was not set in the King's Roll. This Roll was called the Roll of Winchester ;' and by the Englishmen Domesday ; and by learned Mr. Camden Liber censualis, Angliae Notitia, and Angliae Lustrum, the Survey of England. But my purpose is only in this to show the great change now upon the city of York. You have observed that upon each of the former changes of masters, York was under a great eclipse. But now is York almost at an upshot, for this city opposed the great Conqueror, as appears by a charter of his, dated at the siege of York.* In this ' " Right comes to him who maintains it by the sword." ' The work here referred to cannot be regarded as authoritative. Ingulphus, the reputed author, was born in 1030, and after varied e.vperiences and successes in Normandy and the East, became prior of the Abbey of Crowland in 1076. The writings attributed to him were published by Savile in 1596, and by Gale 1684. Early in the present century Sir Thomas Palgrave argued that these works were not from the pen of Ingulphus, but the product of a later period, and that they were as valueless as a novel for historical purposes. His conclusions are now generally accepted as correct. Professor Freeman has declared that, " it is certain he did not write the book which is called by his name," and that " it must have been written several hundred years later." ^ Ingulphus gives this name also to the roll which he says was made by King Alfred when he divided the kingdom into Counties, Hundreds, and Tithings (Hist Ingulfihi, Ed. Gale, pp. 79, So), all of which is extremely doubtful. * To his nephew Alan to be Earl of Richmond. — T. VV. Drake prints the Charter, which is very brief. £ 50 The Conqueror s Cruelty. great combustion of England you will ere long find this city in a flame. I shall give you the relation in as few words as I can, which is made good by several authors. The sons of Sweyn the Dane landed in these parts with a fleet of 240 sail. The Normans lying in garrison and keeping two forts or castles (as Polychronicon names them) within the city, set the suburbs on fire. A high wind advanceth this mischief and spreads the fire through the city, which is now on burning. The Danes enter and put the Normans to the sword. This so incensed King William that he showed much cruelty to the citizens by putting them to death, at least to a decimation, by the execution of every tenth man. The smoke of this fire was carried further than the city, or the suburbs, for as William of Malmesbury writes, he depopulated the villages adjoining. "Mantua, vae, miscrae nimium vicina Cremonae.'" And as Polychronicon writes, he destrojcd the whole province, that for great hunger, men ate horseflesh, hound's-flesh, cat's-flesh, and man's flesh. And also that land that licth between York and Durham was nine years without tiller and dweller, outtake only Saint John's land of Beverley. These are the words of the historian : " That fertile region was so wasted, that the ground, for the space of sixty miles, lay untilled so that a stranger could not have looked upon the places without sorrow, and if an ancient inhabitant had beheld the same he could not have known it." " O, Niobe ! Niobe ! quantum distabat ab illa."^ You shall hear the sad complaint of one who was a canon of the Church of York, who compiled the book called Magnum Rcgistrum Albuvi in Registro Archiepiscopi Eborum^ (which was kept in the ' Virgil, Eclog., ix, 28. " Mantua, alas ! too near unfortunate Cremona." ' " O, Niobe, how changed from herself!" Adapted from Ovid, Metam.y lib. VI, 1. 273. The illustration is an apt and striking one. " Heu quantum haec Niobe Niobe distabat ab ilia, Quae modo Latois populum summoverat aris, Et mediam tulerat gressus resupina per urbem, Invidiosa suis ; at nunc miseranda vel host! !" " Alas ! how different is this Niobe from that Niobe who had lately driven the people from the altars of the Latona, and, with lofty head, had directed her steps through the midst of the city, envied by her own people, but now to be pitied by an enemy." (Riley.) Virgil has a passage resembling this, re Hector. — Acn., Bk. 11, 1. 274. ' This is a thick volume, the vellum leaves being about 14 inches by 10 inches. The writing is extremely neat. It does not seem to possess any special feature to earn for it the title of the IVhite Register. See Appendix, No. 2. Magnum Regi strum Album. 51 registry of the Archbishop of York). The boolv begins thus : — " De adventu VVillielmi Ducis Normanniae in Angliam," etc. The book is in Latin, but grant me leave to give you the tenor of this complaint in the English dialect, and it is shortly this : — He that will take upon him to recount all the miseries and misfortunes which befel the city, and the Church of York, afier that England was subjugated to the Duke of Normandy, hath for his subject a sad, and long story, and hath no less a task than he that undertook to re-collect the scattered leaves of the Sibyllac. But I shall contain myself within the circle of some particulars. The Duke becoming victorious was metamorphosed into a King, and consecrated, and crowned by the Venerable Aldred Archbishop of York. But the city of York, and the region about, though they had given their faith and troth to the King to keep his peace, are cruelly, unfaithfully, and perfidiously dealt withal against the articles of peace and fidelity. The city is wasted by the Normans with fire, sword, and famine, three unjust invaders after truce and peace. The city, the metropolis of St. Peter, and all the ornaments, charters, and privileges of them both, are burnt and destroyed. Quis talia fando temperet a lack>yinis} And so goes on the story, especially relating to the Church of York. I shall trouble you with no more, the theme not being pleasant.- • " Who saying such things, shall refrain from tears ?" ^ Domesday Book bears unmistakable witness to the ferocity of the Conqueror. In the time of Edward the Confessor there were in York : — Houses in five shires or divisions of the city i.4i8 Houses in the Archbishop's shire ... ... ... 200 Houses which may be added for the shire desolated for castles, on the above basis 283 Approximate total of houses, T.R.E 1,901 In the time of the Conqueror there were in York : — Houses of the Burgesses paying rent ... 391 Houses occasionally inhabited but not paying full rent ... 400 Houses in the Archbishop's shire... ... ... 100 Houses occupied by Normans 145 Approximate total of houses, T.R.W >,o36 Domesday Book speaks of 545 void and useless houses standing in the city in the time of King William, but the above tables show that nearly a thousand dwellings must have been destroyed or rendered wholly useless. It has been estimated that there was not in the time of William one-third of the population in York which lived here in the Confessor's reign. Such a picture of the wrecked and wretched city outlined by this estimate is extremely painful to contemplate. E 2 CHAPTER II. ♦ 4 T is not to be expected that I should produce a Grant, or Charter, or Act of Parliament for each particular privilege, and interest of the city. It is to be remembered the City is ancient, and by prescription ; and all their good customs and liberties are confirmed by several charters, and Acts of Parliament. The most ancient charters are burned and consumed. King Henry II, in the 28th year of his reign, did grant to the citizens of York all their liberties and customs, and " Gildam suam mercatoriam' et hansas- suas", etc.,^ as the same were enjoyed in the 1 Gilda Mercatoria is the Guild Merchant (Register Original, fol. 219^), and is a certain liberty or privilege belonging to merchants to enable them to hold certain pleas within their own precincts. The word Gcldcs in 37 Edw. Ill, c. 57, and 15 Rich. II, c. 15, and Gnildlnilda Teutonicorum, is used for the fraternity of Esterling Merchants in London, called the Steelyard. — T. VV. ^ Hanse signifies a certain Society of Merchants for the good usage and safe passage of merchandises from kingdom to kingdom. The Society had some principal seats where the Almaine or Dutch merchants, being the erectors of it, had a special house, one of which was in London called the Steelyard. — T. W. The Steelyard derived its name from the King's steel-yard, here erected to weigh the tonnage of all goods imported into London. — Vide Walford, Old and New Loudon, vol. ii, pp. 32, 34. The site is now covered by Cannon Street Railway Station. The MS. speaks of this place as the Stillyard. ' "Their Mercantile Guild and their Hanses." Early Charters. 53 time of King Henry his grandfather — " aut sicut ea melius, liberius, et quictius usi fuerunt". In the seal of this charter the effigies of the King and two citizens are delineated. By a charter of the loth year of this King (Henry H) the citizens shall not serve upon Juries and Inquests in the county. The like grants were made by King John in the first and fourth years of his reign. And by the last, King John did grant to the citizens of York the town of York, with all the appurtenances and liberties for and under the farm of £\6o per annum. The Charter of King John makes mention of" Lastagia sua per totam costam maris".^ Lastage or Lestage proceeds from the Saxon word last. It is a custom challenged in fairs and markets for carrying of things. — Vide Rastall,- Exposition of Words? And Fleta'' terms it Lesting, and says that it signifies " acquietanciam lestagii". I find also a short charter of Richard I in these words : — RiCARDUS Dei gratia Rex Angliae, Dux Normanniae Aquitaniae, Comes Andegaviae, Archiepiscopis, Episcopis, Abbatibus, Comitibus, Baronibus, Justiciariis, Vicecomitibus, et omnibus BalHvis, et fidelibus suis totius terrae suae, citra mare et ultra, salutem : Sciatis nos dedisse concessisse et presenti carta nostra confirmasse omnibus Civibus Eborum quietanciam cujuslibet Thelonii, et Lastagii, et de le Trespas, et de omnibus Customis, per totam Angliam et Norman- niam, et Aquitaniam, et Andegaviam, Pictaviam et omnes portus et costeras maris Angliae, et Normanniae, et Aquitaniae, et Andegaviae, et Pictaviae. Ouare volumus, et firmiter praecipimus quod inde sint quieti, et prohibemus ne quis super hoc eos disturbet super •x.£ forisfactum. Concedimus etiam praefatis civibus, quod namia capiant pro debitis suis, et ut se defendant ab omnibus appellationibus per Juramenta xxxvi hominum civitatis, nisi quis appelatus fuerit de corpore nostro. Testibus H. Dunelmensi, R. Bathoniensi, Huberto ' " Their Lastages throughout all the coasts of the sea." — Cart. I, Job. p. 2, m. 16, n. 135. - John Rastall was a printer, and also a lawyer ; died 1536. ' An exposition of certain difficult and obscure ivords, and termes of the lawes of this realme, etc. This book, which is the work of John Rastall, enlarged by his son William (.Serjeant-at-law, and afterwards Judge), has appeared in various forms. The definition of the word Lastage, in the edition of 1579, appears on fol. 13S. * Sir Thomas refers to Fleta as an author, a form of quoting this book which is not infrequent. This work is an anonymous Latin text book of English law, supposed to have been written by one of the corrupt judges confined to the Fleet Prison by Edward I. This e.\plains the device — Fleta — which the MS. bears (Cotton IAS. Julius, B. vili), and by which the book is known. It was printed by Selden in 1647 and 1685. 54 Early Charters. Sarum, J. Norwiccnsi, Episcopis. Willielmo de Sancto Johannc Marcscallo, Robert de Witefcild. Data per manum de Longo Campo, Canccllarii nostri, Eliensis Electi, Apud Cantuariam 27 die Novembris, anno primo Regni nostri."' (One word in this Charter requires explanation) — naviia. Some derive it from the Dutch word noiimcn, i.e., capio. It signifies the taking of another man's moveable goods, and it is of vis or mort, quick or dead. — Vide Horn, Mirrour of Justices, lib. II, c. De vetito nainio. King Richard II, by his charter in the Parliament at Westminster, did grant to the Mayor and citizens of the city of York that the justices of peace and of labourers and artificers, in the trithings of the county of York, or of any of them, shall not intromit within the City or suburbs, or Liberties of them, of anything within the said Liberties or suburbs, but that the Mayor, twelve aldermen, or any four or two of them together, with the said Mayor, shall have the full correction, punishment, and power Oyer and Terminer of all things within the said City and Liberties, as Justices of Peace, Labourers and Artificers. But it is true that King Henry IV did declare, by his charter, that " by colour of this charter the Maior shall not enter into the close, and churchyard or bederage of the vicars of the said church, nor into their mansion houses without the close". Of this I shall speak in another chapter. 1 " Richard, by the Grace of God, King of England, Duke of Normandy, and Aquitaine, Earl of Anjou, to the Archbishops, Bishops, Abbots, Earls, Barons, Justices, Sheriffs, and all the Bailiffs, and to his faithful of all his land, on this side of the sea and beyond, greeting ; Be it known unto you that we have given, conceded, and by this our present charter, confirmed to all the citizens of York, quittance of all manner of Toll, Lastage, and of Trespass, and of all Customs, throughout all England, and Normandy, Aquitaine, Anjou, and Poitou, and all the ports, and coasts of the sea of England, Normandy, Aquitaine, Anjou, and Poitou. Wherefore, we will and firmly command that they may be quit thereof, and we forbid that anyone shall disturb them on this matter under a penalty oi £10. We also grant to the aforesaid citizens that they may take pledges for their debts, and that they may defend themselves from all appeals by the oaths of thirty-six men of the city, unless anyone shall have been appealed of our body. These being witnesses : — H(ugh Pudsey, Bishop oO Durham. R(eginald Fitz Joselin, Bishop of) Bath. H(ubert Fitz Walter, Bishop of) Salisbury. J(ohn d' Oxford, Bishop of) Norwich. William de St. John, Marshal. Robert de Witfield. Dated by the hand of (William de) Longchamp, our Chancellor, the Elect of Ely, at Canterbury, the 27th day of November, in the first year of our reign." Vo7'/e seized into the Kinc;' s hxnds. 55 In an Assize, the tenant pleaded the release (jf the plaintiff in bar, which bore date at York, and the witnesses were to it. And there it is agreed, that this shall be tried by them of the City, and not by foreigners, because the Citizens have a privilege that foreigners shall try nothing there. In the Book of Domesday, in the recei[)l of the Exchequer, we read: " Burgenses autem Eborace civitatis non dant rele\ationem."' Conusance of pleas- was demanded by the Bailiff of York in the year of our Lord 1275. You will find the Charters of this city fre(iuentl)' confirmed in the reigns of several kings : — An. I, Hen. IV, p. i, No. 9. An. 19, Rich. II, No. i. An. 2, Hen. V, p. 1, No. 10. An. i, Kdw. Ill, No. 35. An. (, Hen. V'l, No. 8. An. 5, Edw. II, No. 23. An. 2, Rich. 11, No. 12, An. 10, Edw. II, No. 46.* An. 15, Rich. II, No. 14. King Henry VI gave power to the Sheriffs of York and their successors to confer the office of the Clerk of the Sheriff of the County of the City there from year to year (P. 23, Hen. VI, p. 2, m. i ). And in the second year of Edward IV that office was granted by them to John Sherwood for the term of his life (P. i, Edw. IV, p. i, m. 24). The liberties and franchises of the city being all, for certain causes, seized into the king's hands,* were restored unto them by King Henry IV (P. 7, Hen. IV, p. 2, m. 29).'' ' " The Burgesses of York pay no relief." - .A. claim of conusance was a claim to withdraw the ca^e from one lurisdiction, and transfer it to the court preferring the claim. ^ This list might 1)e greatly e.xtended. ♦ The rights and privileges of the city had been twice previously seized into the King's hands, in the lime of Ed ward I (1272-1307). (i) From 1280101282. .\t this time Richard de Rummondeby was appointed Cuslos. (2) Krom 1292 to 1296. Roger de Easingwald was first appointed Cuslos^ and afterwards .Sir John do Melsa or Manx. The liberties, franchises, and privileges 01 the city were again seized into the king's hands at the close of the reign of Charles II. They were restored by a Writ of restitution, November 9th, 1688, in the early years of James II. This writ begins ;—" James II, etc., to the sheriffs of the city of York, greeting: whereas in Hillary term, in the 35th and 36th years of the reign of the late king, a certain information was exhibited in his majesty's court of king's bench, by Sir Robert Sawyer, knight, then attorney-general, against the mayor and commonalty of the city of York," etc. ' M. 30 is also quoted, but incorrecily. When Richard 1 1 was deposed, and had ended his imprisonment by a wretched death in Pontefract Castle, the man E* 56 Privileges claimed by the Citizens. I find these and other liberties claimed in Justice seats. I shall mention sonic of them. (1) They claimed their Merchants' Guild, and Hanses in England and Normandy, and their Lastages by all the coasts of the sea, with all liberties and customs belonging to the said Guilds, Hanses, and Lastages.* (2) To be free of all manner of Toll, Lestage, Wreck, Puntage, Passage, and of Trespass, and from all Customs in England, Normandy, Aquitaine, Andcgavia, and Tictavia, and by all the ports, and sea coasts of the sea of England, and that they may take pledges for their debts, and may defend themselves by the oaths of thirty-six men of the city when occasion shall fall out, unless some be appealed of the body of the King. (3) To be freed from the lawing of dogs in the suburbs of the city : And that they pay to the King's Exchequer for the farm of the city £\6o by their own hands, when they have the city in their hand : And that they make answer to the King in his Exchequer of every summons of the Exchequer concerning the citizens : And this they are to do by their own hands so that no Sheriff or Bailiff of the King shall intromit either concerning the rent or summons aforesaid. (4) That no citizen do implead or be impleaded before the King, or any of the justices without the city, for any lands or tenements lying within the Liberty of the City.^ The suits for the.se intrinsical who was chiefly responsible for his sad end was not welcomed by the people of York when he assumed the dignity of Henry the Fourth (1399-1413). Of the many plots to displace Henr>', one was organised by Henr^' Percy, Earl of Northumberland, Richard Scrope, Archbishop of York, and others. It was at this time, and for this reason, that the king disfranchised the city. The royal mandate is dated at the Castle of Pontefract, the third day of June, 140; — five days before the execution of the Archbishop. Soon afterward a general pardon was issued by Henry, in his progress northwards to suppress the Earl of Northumberland. The restoration of the city's privileges is dated from Ripon.— Vide Act. Pub. ' While each country had laws particular to itself as to personal rights and rights relating to property, there were mercantile usages which were recognised as laws throughout civilized Europe. ^ !t is manifest that this was a valuable privilege. Before Magna Charta the King's Court was bound to follow the King's Household, in all his progresses and expeditions. It was enacted by Magna Charta that, " Comm.on Pleas shall not follow the King's Court, but be held in some certain place." This place was established at Westminster as regards the country generally. Further, by being judged before their fellow citizens, they were not subject to the oppression of neighbouring barons. Many English towns in mediaeval times were dominated by powerful lords. Privileges claimed by the Citizens. 5 7 tenures are to be before the Mayor and Bailiffs, and if they cannot determine them, then they may be determined at the suit of the plaintiff, before the King's Justices to this specially appointed next itinerant, within the city and not without. And that the citizens be not convicted by any foreigners upon any appeals, rights, injuries, trespasses, crimes, calumnies, or demands imposed, or to be imposed upon them, but only by their fellow citizens, unless the commonalty of the city be in fault of any of the premises, or that the matter concern the commonalty, and then in such case let things be done according to their approved and hitherto used liberties. And that they may not be put to answer for any land or tenement within the Liberty of the City, nor for any trespass done within the Liberty, before any of the King's Justices Itinerant at York, elsewhere than in the Guildhall at York, and this at certain days, and to have pre- monition thereof from the Justices. That the citizens be not put upon Juries or Assizes in the country without the city, for any their intrinsical tenures within the citj-. And that as touching all debts concerning them, and the city, they answer into the Exchequer by their proper hands, and be drawn to their accompts in the Exchequer according to the customs of the Exchequer, as the Sheriffs of England are drawn there, upon their accompts. (5) They claim this, that no arrest shall be made upon their goods in what place soever within the King's dominions for any debt, for which they are not " fidei jussores " or principal debtors, and unless they have goods of the principal debtors in their power, whereby they have power to satisfy those debts in all or in part. (6) That they may by one or more of their fellow citizens, having their letters testimonial in that behalf, as well before the King or the justices of his bench, or any other bailiff or ministers of the King, demand their court and liberty of all persons, things, and suits, which belong to them by any of their charters. (7) That all who dwell or shall dwell in the city or suburbs exercising merchandise, and desirous to enjoy the liberties aforesaid, shall pay scot and lot with the citizens in tallages, contributions, and other common burthens falling upon the city. (8) They claim to hold the said city with all things belonging to the farm of the city, as they have hitherto held it, with all the laws, liberties, and customs of their lands and tenements, within and without the city, as they have hitherto held the same. (9; They claim the Assize of Bread and Beer, and the Assay of Measures and Weights, and all that belongs to the office of the Clerk of the Market in the city, and suburbs. And all fines, amerciaments, and profits, thereupon arising, in aid of the farm of the city. 58 Privileges claimed by the Citizens. (lo) They claim to have one Mayor, three Coroners, and two Bailiffs of their own proper choice, who may jicrform and hold the pleas and offices belonging to the crown. (ii) They claim infanthef and the chattels of felons condemned in the court of the city, as belonging to the farm of the citj-. (12) They claim to have a prison, gallows, [)illory, and such things as belong the office of the market. (13) They claim return of the King's writs, and to hold |)leas by writ of right of lands and tenements by force detained, within forty days after the disseisin. (14) They claim to devise' their lands and tenements within the city suburbs, tauqnaiii catalla sua. (15) They claim the Wapontack of the Ainst\', with all the issues and profits thereunto belonging, to the said city. (16) They claim to have toll, metlagh, housgabul, scramefootc, the farm of the Wapontack of the Ainsty, the fines and amerciaments of the Courts of the City, the toll of Doncaster, the toll in the rivers of Ousc and Ayre to Dykesmarsh on the one side, and to Stouper- stokes and Dovescrosse on the other side, and the toll of Melton, Skirnierscales, and Wandeford to York, which toll, in the .several places aforesaid, is called THE THROUGH TOLL of the said city. And it w'as said by some ancient men that Boroughbridgc did of old time belong to this city till it was withdrawn by the Earl of Cornwall. (17) They claim to have two fairs in the city by the jcar, the one at Pentecost, and the other at the feast of St. Peter and St. Paul ; and 2 markets in the week, one in the place which is called Mark Skyre,- which is for the sale of corn and other victuals (and it ought to be held three days in every week, viz., Tuesday, Thursday, and Saturday) ; and another market in the place, which is called ' Power to devise lands and tenements was in existence before the Conquest, but under the Feudal Law no estate greater than for a term of years could be devised, except only in Kent and a few ancient boroughs (including the City of York). By the joint operation of the Statute of Wills (Stat. •52 Hen. \"III, c. i) and the Act for the abolition of military tenures (12 Car. II, c. 24) the power of devising became general throughout England. But although there was a general power to devise lands and tenements in York earlier than in the greater part of England, it was not until 4 and 5 William and Mary, c. 2 {i.e., at a later date than in the case of the country generally), that a man was empowered to dispose of the whole of hi^ personal estate lo the exclusion of the "reasonable parts'' of his wife and children. ' The Pa\cnieni. See Appendix, N'o. 3. Vor^ Fairs. 59 Thursday-market, which is for the sale of cloth and merchandise, and it is to be kept 2 days in every week, viz., Thursday and Saturday. And it is to be known that heretofore, the Lord's Day was the market day, as well as for the sale of victuals as other merchandise, till the same was inhibited by the King's writ in the time of King Edward the second {Teste Rege apud Eboruni 6 die Martii anno Regni sui xv), and hindered by William de Melton, then Archbishop of York. The form of that writ was (being put into English) : — " The King to the Bailiflfs of York, greeting : Forasmuch as it is to the honour of God and the honour of the Holy Church, that upon the Lord's Day no market be kept from henceforth, nor market be held in any place, or any trade exercised in any public place, we command you that by all your balywic you cause it to be publicly proclaimed, and firmly forbidden from us, that upon the Lord's Day no man hold any market, or exercise any trade of merchandise, in any public place, upon the peril of losing all their merchandise, except those victuals which shall be sold upon that day to persons commorant, passing, or being in their inns, which may be sold as formerly. And if any person, after this our proclamation and inhibition, shall be found to contemn our commandment, then you are to seize their goods and merchandise, which they shall so expose to sale, which you are forthwith to take into our hand, and cause safely to be kept, till we shall give you other commands therein." ^ 1.2 — In the I2th year of Elizabeth a justice seat in Eyre was held at the Manor or Palace in York before George, Earl of Shrewsbury, within the Forest of Galtres : wherein the Mayor and citizens made claim to several matters. And particularly, (i) They claimed the suburbs, to wit, all Bootham, the Horse Fair, Pamley Crofts, Barker Hill, Gillygate, which lie within the Forest of Galtres, to be part of the city according to ancient bounds.' (2) To be free of toll. (3) No Sheriffs, bailiffs, to meddle there, but only the citizens. (4) Felons' goods, deodands, escheats within those suburbs. (5) Two fairs there in a place called the Horse-fair, to be held, the one on Whitsun Monday, and the other on St. Peter's Day. (6) Common of pasture from Michaelmas Day till Lady Day in 1 Statute 29 Car. 11, c. 7 (1678), "for the better observance of the Lord's Day commonly called Sunday" is still in force throughout England. * The author now proceeds to give illustrations of the foregoing by specific cases. ' These all lie outside the city walls. 6o The Sword of Richard II. 300 acres of land in Bootham Ward ; and Common at all times in the year in 1,000 acres of land in Clifton, Roucliffc,' Hiintins^ton, and VVigginton.'- The claim as to the Common in 300 acres was traversed,* and the verdict passed therein for the city. II. — Trinity term: 21 Eliz., 27 Junii 1579, between Richard Tempest and others plaintiffs, and Richard Calom, and John Dyneley and others defendants, in the Duchy Court at Westminster, there was a decree for the citizens of York to be discharged of Toll at Wakefield Fair. And there was the like decree, the same day, in the same court, for them to be discharged of Toll at Bradford P'air : this latter was between John Dynely and others plaintiffs, and Richard Tempest, and Edward Bowling defendants. III. — King Richard II did by his charter, often since confirmed, amongst other things grant to the City as followeth, being only put into English : " And moreover we have granted, and by this our Charter, confirmed for us and our heirs aforesaid, to the aforesaid citizens, and to their heirs and successors for ever. That the Mayor of the said City, and his successors, that shall be for the time, may have carried, and may cause to be carried before them, their sword by us given to them, or other sword such as they please, out of the presence of us, and our heirs : the point upwards in the presence as well of other great men, and lords of our kingdom of England of our blood, and of others whatsoever, as after any other manner whatsoever." When the noble Edmund, Lord Sheffield, afterwards Earl of Mulgrave, was Lord President of the North, and Lord Lieutenant of Yorkshire and York, his Lordship challenged two things: (i) to have the Lord Mayor of York meet his Lordship at the City gate, at every time that he, having been out of the circuit, or limits of his Lieutenancy, enters into the City, and there in solemn manner to deliver up the sword usually borne before the Lord Mayor, unto his Lordship, and to take it again at his Lordship's hands. (2) To have the said sword to be abased and carried with the point downwards in places within the limits and jurisdiction of the city at all times in his Lordship's presence or within his view or sight. ' Rawcliffe. 2 The strays, Micklegate, Bootham, Monkstray, and Lowmoor, etc., are still used as open fields on which cattle graze. The profits are divided among the Freemen of the city. •'' Traverse — from the French (yai'erser. It is much used in answers to bills in Chancery, or it is that which the defendant pleadeth, or saith in bar to avoid the plaintiflPs bill, either by confessing or avoiding, or by denying the material parts thereof. The demand of Lord Sheffield. 6 1 His Lordship gave reasons for his demands : and the city their answer thereunto. Appeal was made by petition from the City to King James in the year 1608, and the King was pleased to refer the consideration thereof to the Earls of Northampton, Suffolk, and Worcester, being then Commissioners for causes determinable in the Earl Marshal's Court, this question depending upon the words of the said Charter, granted to the City by King Richard the 2nd, and the Lord Sheffield's claim upon his patent of Lieutenancy.^ Their Lordships, the 15th of December 1608, desired the opinion of Sir Edward Coke, Chief Justice of the Court of Common Pleas,'^ and Sir Laurence Tanficki, Chief Baron of the Exchequer,^ upon these matters, in the Charter of the City, and the Patent of Lieutenancy of the Lord Sheffield, and their opinions were certified accordingly upon advice and mature deliberation, as well in matter of precedent and practice as otherwise for the city. And they grounded their reasons principally upon the said Charter of King Richard II, that in this case the sword was not to be debased before the Lord President, who was also Lord Lieutenant. And the Lords Commissioners did concur with them therein : and thereupon they did acquaint His Majesty with the whole proceedings : and His Majesty was pleased to deliver his royal opinion and censure to this effect, that for his own part, ever since the first reading of the petition, he had been of that opinion, though it pleased him for his own better satisfaction to require the opinion of the Lords Commissioners for the office of Earl Marshal who do commonly examine matters of this nature with great judgment and equity ; wherefore finding now upon further consideration, the Laws of Honor do so fully concur with the laws of the land, and the Judges of the Court of Chivalry in their opinion with the Judges of the Law, His Majesty doth likewise declare himself to agree resolutely with both in their opinions. Therefore for avoiding all future and farther differences he did order and determine that from henceforth the said Lord Mayor, Aldermen, and Sheriffs, and Commonalty of the said City shall quietly and peacefully enjoy the liberty and privilege of the said Charter, and the ' This relation I have out of a book which belonged to Mr. Justice Hutton, and his name subscribed with his own hand. He was then Recorder of York. — T. W. * Chief Justice C. P. 1606 ; Chief Justice K. B. 1613 ; died, Sep. 1633, aged 82. — Vide Voss, Judges of England, vol. vi, pp. 108-128. ^ Ch. B. E. 1607 ; Died, April 1625. His residence in the Temple called Bradshaws' Rents, was re-named Tanfield Court in compliment to him by his appreciative contemporaries. — Dugdale, Orig., p. 146. Vide Foss, Judges oj England, vol. vi, pp. 365-366. 62 The Liberties of York allowed. true intent and meaning of the same plainly expounded by the said Lords Commissioners, and those two grave and learned judges of the law, and confirmed by His Royal Majesty, and may have the sword carried before the said Lord Mayor for the time being, with the point erect upwards, and not to be abased in the presence of the Lord Lieutenant for the time being, without any delivery up of the same at all, the aforesaid challenge or claim of the said Lord Sheffield as Lieutenant of the said County and City of York, or any challenge or claim of any other Lieutenant for the time to come, or any other pretence or former president to the contrary in anywise notwith- standing. IV.' — The Liberties of the City of York allowed by virtue of the Charter of Richard II, King of England, granted in an assize taken before Hugh Huls- and John Markham,^ justices of our Lord the King, assigned to take the Assizes in the County of York, on Friday next after the Feast of St. Bartholomew the Apostle in the 19th year of the reign of Richard H, Anno 1396. The assize came to take cognisance if Richard Roberts, of Brighton,* and Margaret, his wife, William Aldegate, and William Gisburne Taylor, and Richard Inesson did wrongfully and without judgment disseise William Holm, of Touthorpe, John Jakesson, of Skipwith, and John Pyn, of Ercewyke,* of their free tenements in the suburbs of York after the first, etc. ; And whereupon the same William Holme, John Jackson, and John Pyn, by William, their Attorney, complain that the aforesaid Richard and others wrongfully, etc., dissei.sed^ them of one messuage with the appurtenances, etc. And the aforesaid Richard and Margaret, William Aldegate, William Gisburne, and Richard Inesson, came not, but one Raph Forrester answered for them as their Bailiff. And hereupon, the Mayor and Bailiffs of the City of York came, by Thomas EUerbek their Attorney, to demand and challenge their * In this paragraph there are two false dates, evidently a slip on the part of the amanuensis. These are corrected. * Also called Hugo de Holes. Just. K. B., 1389; died 1415.— Foss, Jud/^es Eng.y vol. iv, p. 204. ' Just. C. P. ; died 1409. He was united with Chief Justice Thirning in the Commission to announce to Richard II his deposition from the throne. One of his descendants was Dr. W. Markham, Archbishop of York 1777 to 1807. — Foss, Judges Eng., vol. iv, p. 172. * Brayton (?). ' Earswick. ' Seisin is a term derived from the French, and signifies possession. Premier or Primer seisin is first possession. To seise is to take possession. -Seisin is two- fold : Seisin in fact, when a corporal possession is taken, and seisin-in-law, when something is done which the law recognises as possession, such as an enrolment. The Liberties of York allowed. 63 liberties, etc. ; and hereupon he challenged their liberty, to wit, of having the conusance of that plea of assize to be held and taken before them in the Guildhall of the City aforesaid, for they say that our now Lord the King of his special grace and at request of his beloved lieges the Mayor and Citizens of the city aforesaid, by his Charter, hath granted for him and his heirs, as much as in him was, unto the fore- said Mayor and Citizens, and to their heirs and successors mayors and citizens of the city aforesaid among other things : That they should have cognizance of all pleas of Assizes of Novel Disseisin' and of Mort d'Ancestor of all manner of lands and tenements within the said city, and suburbs of the same, as well before his Justices of cither Bench, Justices assigned for the taking of Assizes and Justices Itinerant, as all other justices and ministers of the same King, and of his heirs for the holding and taking of such Assizes in the Guildhall of the city aforesaid, before the Mayor and Bailiffs of the said city for the time being, as it is more fully contained in the Charter aforesaid : And they produce here in Court the Charter aforesaid testifying the premises, the date whereof is at Winchester, the xith day of February, in the 19th year of his reign. Here also is a certain Writ Close of the said Lord the King to the foresaid Justices of Assizes here directed, which followeth in these words : — " Richard by the Grace of God, King of England and France and Lord of Ireland, to His Justices assigned to take the Assizes in Yorkshire, greeting : — " Whereas we have granted, by our Charter, for us and our heirs, as much as in us is, unto the Mayor and citizens of the city of York, and to their heirs and successors. Mayors, and citizens of our city afore- said : That they should have cognizance of all pleas of Assizes of Novel Disseisin and of Mort d'Ancestor," of all manner of lands and tenements within the said city, and the suburbs of the same, as well before our Justices of either Bench, Justices assigned for taking * Novel Disseisin was a remedy for the recovery of lands, tenements, rents, common of pasture, common way, office, or toll, of which a person had been disseised, and who was tenant in fee, absolute or conditional, or for term of life. In this case there was a wrongful putting out of him that was seised of the freehold, not as in abatement or intrusion — a wrongful entry — where the possession was vacant, but an attack upon him in actual possession, and turning him out. It was an ouster from a freehold in deed, as abatement and intrusion are ousters in law. ^ The Assize of Novel Disseisin and Mort d'Ancestor were abolished by the Act 3 and 4 William IV, c. 27. 64 Writ Close of Richard II. Assizes, and Itinerant Justices, as before all other Justices and ministers of us, and our heirs for the holding and taking of such Assizes, to be holdcn, and taken before the Mayor and Bailiffs of our said City for the time being in the Guildhall of our city aforesaid, as in our Charter aforesaid is more fully contained : We command you that you suffer the mayor and citizens of our city aforesaid to use and enjoy the liberty aforesaid, and before ye, and that ye allow the same unto them according to the tenour of our Charter aforesaid, not molesting in any thing, grieving them, or any of them against the tenour of the same : Witness ourself at Southwell the 26th day of August in the 19th year of our reign." And they desire thereupon their liberties, etc. And upon this it was asked of the parties aforesaid if they had, or knew anything to say for themselves why the foresaid Mayor and Bailiffs ought not to have their liberty in this Assize : who said that they had, nor knew nothing. And the Charter aforesaid of our now Lord the King, and also the writ aforesaid being seen, it was con- sidered that the foresaid Mayor and Bailiffs should have liberty in this Assize. And upon this the same Mayor and Bailiffs set a day to the parties aforesaid before them at York in the Guildhall aforesaid on Monday next before the Feast of the Nativity of the Blessed Mary next to come : And it was said to the same Mayor and Bailiffs that they should do full and speedy justice unto the parties aforesaid otherwise they should return, etc. And it is to be known that the transcripts of the writ and panel of the Assize aforesaid, and the process thereupon had, were delivered unto the same Mayor and Bailiffs. v.— Liberty allowed before the clerk of the market of our Lord the King's House, the 15th day of March, the 19th year of the reign of King Richard the Second. William Coreby, clerk of the market of our Lord the King's household sent to the Mayor, Bailiffs, etc., in these words : — " William Coreby, clerk to the market, of our Lord the King's household. — To the Mayor, Bailiffs, and Constable of York, greeting : — I command ye, on the King's behalf, that ye cause to come before me, or my Lieutenant, at York, on Monday next, after the Feast of St. Gregory the Pope, twenty-four free and loyal men of the better and more discreet of the town aforesaid, there to hear and do those things that shall be enjoined on our Lord the King's behalf, according to the form of the Statute. And have ye there this precept, upon pain of C£." On which day the said Mayor and Bailiffs appeared before the Clerk aforesaid and delivered unto him our Lord the King's writ for the allowing of their liberty : Which being opened and seen together with the Charter of our Lord the King concerning Liberty of the City Allowed. 65 the Liberty of the City of York in this particular, granted unto the Mayor and citizens, presently the foresaid cleri<, by virtue of the writ and Charter aforesaid, allowed the said Liberty, and intended to act nothing to the contrary. VI. — Liberty allowed by Thomas Strangeways, Marshal of the Marshalsea, of our Lord the King, by virtue of the Charter of Liberty of the City of York, in the 9th year of the reign of King Henry the Fourth as it appeareth by tlic Record of the Court of the said Marshal, sealed under the seal of the same office, whose tenor is in this manner : — Plp:as of the Court of our Lord the King's Household, at York, before the Steward and Marshal of his Household on Monday next after the Feast of St. Ambrose in the ninth year of the reign of King Henry the Fourth after the Conquest. It was commanded to the Mayor that he should cause to come before the Steward and Marshal this instant Friday, ne.xt after the Feast of St. Ambrose wheresoever etc. xviii free and loyal men of the neighbourhood of the city of York, by whom etc., for hearing and doing those things which shall be enjoined them on behalf of our Lord the King. At which day prefixed for the pleas of the Household aforesaid came the Mayor, Sheriffs, and Citizens of the City of York and desired their liberty, to wit that the Steward and Marshal should not enquire nor cause to be enquired, nor any way intermeddle themselves concerning anything done or happening within the Liberty of the City aforesaid, because they say that our Lord Richard the 2nd, after the Conquest, late King of England, among other liberties, hath granted for him, and his heirs, and successors for ever. That the Steward and Marshal of his hou.sehold, or of his heirs hereafter, neither in the presence, nor in the absence of him, or his heirs, should not enter nor sit within the Liberty of the .said City, nor do, nor exercise their office there, nor enquire or cause to be enquired of anything done, or to be done, or happening within the same Liberty, nor by any means intermeddle therein. And our Lord the King hath confirmed his Charter and hath also granted to the same Mayor, Sheriffs, and Citizens "that although they hitherto have not used any one, or more of the Liberties, Franchises, and Immunities, contained in the same Charter, that they, their heirs and successors may fully enjoy, and use those Liberties, Franchises, and Immunities, and any of them", as is more at large contained in the Charters, and in his confirmation aforesaid And they produced to the court our Lord the King's Charter of Confirmation witnessing the promises .sealed, with the great seal, whose date is at Westminster the 28th day of November, in the first year of his reign. And the Charter aforesaid being viewed and diligently seen, it is said to the foresaid Mayor, Sheriffs, and Citizens K 66 York a Pattern. of the city aforesaid, that they be dismissed of the Inquest aforesaid. Our Lord the Kingf his Right always saved. VII. — The City iiath by ancient right one penny in the week for stallage of every butcher who sells flesh in the city. So it was determined in the Exchequer (Rot. 394) in one Westby's case. And upon search in that case it was found to be so in the great Roll in the 20th year of King Edward, son of King Henry, in the accompt of John Maux, Sheriff of York. VIII. — The liberties of this city were of old held in so high esteem and honour that in the time of King Henry II, when the old Borough of Appleby in Westmoreland obtained a new grant from that King, they could not find out a better expression than this : — " That Appleby should enjoy the same Liberties which the City of York did, and be discharged of Toll except in London and York." Whereby you may also observe the case that was had in those times of London and York, that though they be usually made the patterns for the Liberties of other places, yet no entrenchment must be made upon their Liberties. IX. — Inter memoranda dc Parliamotto anno 33 Ed. I. .Andrew de Belingbrook and others did petition in Parliament, setting forth that they and others of the City of York, upon the prosecution of Peter Sturgis (who followed for the King) were indicted before Peter de Mai } , comfiagnons Justices of Oyer and Terminer of a certain confederacy which was supposed to be had between them and others for the reviving of a certain guild within the city. And after, the petitioners, for this trespass, made fine before the Treasurer. But Peter Sturgis and others published to all the commons of the city that the petitioners were convicted before the Council of a certain confederacy or collusion. And therefore the petitioners are not admitted to come amongst the Commons of the city, nor know the counsels or secrets of the Commons, but are looked upon as men out of the Common law ; And prayed remedy. The answer was this : — " Mandetur Maiori Baliivis et Communitati, Civitatis praedictae, quod a Consiliis non excludantur, scd sint omnino in statu quo fuerunt,"2 ' Peter de Mauley (or Malo Lacu). In 1305 (and again in 1307) he was appointed chief of the Justices of Trailebaston for Lincolnshire, Yorkshire, and other counties. He died 3 Edward II (1310). 2 " It is commanded to the Mayor, Bailiffs, and Commonalty of the aforesaid City, that they (Andrew de Belingbrook and others) are not shut out from the councils, but they may occupy exactly the same position which they held before." CHAPTER III. of t^t Cit^. 1 s i 1 ^ *J 1 i HFL customs of this city are mentioned, in the genera], in the Book of Domesday, in the Exchequer, and are confirmed by several charters of the kings unto the citizens. King John granted to Baldwin, Earl of Albemarle and Holderness, and his wife Haw ys, a burgage in Hedon, which is an old borough in the East Riding of Yorkshire, to hold in free burgage,' and to use the same customs as York and Lincoln did.^ I shall herein observe no method, but mention such of these customs as have occurred unto me out of books, records, or observa- tion. I. — There is a custom in this city that the husband may give his lands, which are of his own purchase, to his wife during the coverture^ between them, as well as to any other person. And this, says the book was adjudged a good custom (12 Henry HI, F. I'rcs. 61). * Burgage is a tenure proper to boroughs, whereby the inhabitants by ancient custom hold their lands or tenements of the king or other lord of the borough at a certain yearly rent. 2 Camden, Brit., i. 713.— T. W. ^ Coverture, derived from the French couvrtr, signifies anything that covers. It is particularly applied to the state of a married woman who was disabled to make bargam with any to the prejudice of herself or her husband without his assent or pri\ily, or at least without his consent and confirmation. F 2 68 Sheriffs instead of Bailiffs. II. — And there is a custom there that if the wife do not claim her right within a year and a day, after the death of her husband, the wife shall be barred. And the woman was barred in a Cni in vita^ upon this custom (12 Menry III, F. Pres. 62). III. — There is such a custom within this city that it is lawful for any creditor to distrain the goods of his debtor, found within the city, without a bailiff. But judgment was given in that case against one who distrained the debtor of his father, which was so adjudged, says the record, because it was ulicnuin dcbituvt- (Placita dc Termino Trin. 31 Edward I, Rot. i. In B.R. Eborum). IV. — See a prescription of wares foreign sold, and foreign bought, to be forfeitable and seizable by the Mayor, Sheriffs, and Citizens of the City of York. And they prescribe as Mayor, Bailiffs, and Citizens, time out of mind, till the ist year of Richard II, in which year by the Letters Patent of the King they were incorporated bj' the name of the Mayor, Sheriffs, and Citizens. And this manner of prescription was allowed and traversed. And at the suggestion of the Plaintiff the venire facias'^ was awarded to the Sheriff of the county of York de vicincto castri Eborum, which was next adjoining to the city of York, because the Sheriff and Coroners were citizens. Lord Coke, viii, fol. 125, in the case of the city of London, mentions this case of York in my Lord Dyer, and observes the custom to be good, yet such a privilege cannot commence by charter. V. — There is a custom in this city, and indeed in the whole archi- episcopal province of York, and it were to be wished to be common throughout England, that after debts and funeral expenses paid, the wife shall have the third part of her husband's goods : the younger children, not advanced, a third p;irt : and the third part is called the death parls.^ This is known by constant experience in this city and province, and is so mentioned by Mr. Swinburne a learned civilian, who was a judge in the Ecclesiastical Court at York,* in his book of ' Cui in vita is a writ of entry that a widow hath against him to whom her husband alienated her lands in her lifetime, which must contain in it, that during his lifetime she could not gainsay it. ' "The debt of another, not his own debt." ' Venire facias is a writ judicial awarded to the sheriff to cause a jury of the neighbourhood to appear, when a case is brought to issue, to try the same. ^ See Appendi.x, No. 4. ' Henry Swinburne died about 1624 (will proved 12th June of that year). He was Judge of the Prerogative Court at York. His work here referred to, A briefe Treatise o/Tes/aiiicufa and last IVilles, etc., has passed through seven editions, 1590 (date in the colophon is 1591), 161 1, 1635, 1677, 1728, 1743, ^"d 1803. The sixth edition has an account of the author. Intestates Effects. 69 Wills and Testaiiioits, p. 105. And this custom is admitted to be so, by many other books and authorities. And the words of the writ of Rationabili parte bonnnini are, " Secundum consuetudinem in Comitatu praedicto hacteniis obtentam."' But Brooi': in Rationabili parte bonoriDii, I, abridi^in!,' the case of 28 Hen. VI, and in Rationabili parte boHoniin, 6, reports that it was said for law, in 31 Hen. VIII, that it had often been ])ut in use for common law. And this he grounds upon the case of 31 Edw. Ill, with which 17 Kflw. Ill, and 30 Edw. Ill, 25 seems to accord. But surely the law is otherwise, for it is apparently known that in most counties of England there is no such custom. This custom extends not to the dividing of leases for years, unless there can be a special custom proved in that particular city or place for the dividing of leases for years. In Riche-Mont See or Richmondshire, within this county, there is a special custom for the dividing a lease for years. VI. — Lands are devisable in this city by custom. In 29 Edw. Ill, f. 27, in the case of Thomas Sipse, of York, for land in the city of York, the defendant pleaded a Devise by Will, and it is admitted by the court and parties that the lands are devisable b)- custom. VII. — Civitas P^borum 32. It appears in a long plea in Tr. 20 Edw. Ill, that William Savage and five others, the children of Jordan Savage, by virtue of a bequest, by the will of the said Jordan, did recover, according to the custom of the city aforesaid, their seisin of Xj-. rent issuing out of some tenements in the city of York, and £<^ damages against Raph Savage by default, which Raph brought a writ of error, and among other errors did assign this for one that by the custom of the city aforesaid, freehold tenements cannot'^ be devised by nuncupative will,^ etc. Several days were given ; and after (in Rot. 38) the children of Jordan did make answer to the errors in a long plea which contains two rolls of parchment. Day was farther given, and I find no judgment upon the roll. VIII. — In B. 28, H. VI 1 1, in a case between one Castonand Shitting- ton, there a custom was alleged to be in York, that a merchant stranger shall not sell any merchandise, within the Liberties of the City of York, to any other merchant stranger, nor any merchant ' " According to a custom in the aforesaid county hitherto obtaining." - Uracton, lib. IV, De Morte Antecessor, f. 34. Lands devisable by custom possunl tegari lit catalla. 21 Edw. Ill, 21 |)er Thoip, burgages are as chattels. — T. \V. ' 29 Car. II, c. 3, abolished nuncupative wills except when made by mariners at sea, and soldiers in actual service. This statute is confirmed by T/tc Wills Act Vict. c. 26, s. ■) and s. 1 1. 70 Vori Held of the King. stranger shall buy any merchandise of any other merchant stranger, under pain of forfeiture of the merchandise. And there the custom was traversed, and the venire facias was awarded to the next vill, which is the Castle of York. — Vide Bendloes, Reports, f 5. IX. — In 29 Eliz. B. R., in Bland and Moseley's ca'^e, the plaintiff brought an action upon the case against the defendant, wherein he declared that one James Bland was seised in fee of an ancient house in Nether Ousegate, in the parish of St. Michael, in the City of York, and that he and all those whose estate he had in that house, time out of mind, have used to have for them, etc., in the west side of the said house 12 windows against a piece of land in that parish adjoining to that house, which piece of land wa.s, time out of mind, without any building till the 28th Sep., 28 Eliz. ; And that James Bland demised to the plaintiff that house for three years ; and that the defendant, to deprive him of this casement, and to stop the lights, 20th November, 29 Elizabeth, erected a new building upon that piece of land, so near that the said lights are stopped. In bar of which action the defendant pleaded that within the City of York there is, and, time w hereof the memory of man hath not been to the contrary, there hath been such a custom, viz., that if any person hath windows and view by the same against the land of his neighbour, that such neighbour hath used, he may obstruct the light of those windows as shall seem most expedient to him. By which custom he justified the stopping of the windows. Upon which the plaintiff demurred in law. And judgment was given for him, for there is no sufficient bar against him because one custom is pleaded against another, and the one is as ancient as the other. And yet it is there admitted that such a prescription, as is pleaded by the defendant, might have a lawful commencement. X. — This is taken out of an ancient book remaining upon Ouse Bridge.^ The city of York is held of the King in free burgage and without mesne} And all the lands, tenements, and services within the city and suburbs, as well in reversion, as in (/^w^.?;;^, are devisable by the usage of the said city ; and the citizens may devise them ; and they may also devi.se a new rent out of the same tenements in such manner as ' Upon the old Ousebridge there stood a chapel dedicated to Archbishop William Fitzherbert (12th century). At the Reformation the chapel was converted into an exchange for city merchants. Upon the decay of trade it was divided into a Council Chamber, a Record office, and a prison for the freemen of the city. The building was taken down in 18 10. - Mesne signifies him that is a lord of a manor, and so hath tenants holdmg of him yet himself holds of a superior lord. York was therefore held of the King /'/; capite, or in chief, and was not a baronial fief. Registration of Wills. 71 they shall think best. And, as it is said, he that holds a tenement jointly with others may devise that which to him belongeth without making other severance. But an infant can in no wise make a devise. XI. — And all the Testaments by which any lands are devised may be enrolled in the Guildhall on Record, at the pursuit of any who may take advantage by the said Testaments. And these Testaments shall be brought in, or caused to come before the Mayor, and Aldermen, in full court of the Mayor, and there shall the said Testaments be published by the Sergeant, and there proved by two honest men of mature years, who shall be sworn and e.\amined severally of all the circumstances of the said Testament, and of the estate of the testator and of his seal. And if the proof be found good, and agreeing, then shall the Testament be enrolled in the Guildhall of Record, and the fee shall be paid for enrolment.' And no nuncupative Testament or other Testament may be of record unless the seal of the testator be put to the same. But the Testaments which are found good and true are effectual notwithstanding that they be not enrolled of Record. XII. — By ancient custom of this city the citizens, or ministers of the same city, ought not to be obedient to any commandment or to any seal, but to the commandment and seal of the King immediately. And no minister of the King, no other, ought to make session or any execution within the said city, nor within the Franchises of the same, by land, or by water, but only the ministers of the city. XIII. — By an ancient custom of the city all the liberties, privileges, and other customs, pertaining to the city used to be recorded, and declared by mouth without being put or sent elsewhere in writing.- XIV. — By an ancient custom of the city no man inhabiting within the city was wont to be taken, or carried forth, of the same, by colour or claim of villanage^ before the matter were determined by course of law. XV. — The constables, sergeants, and other people of the same city. ' When an Act of I'arliament was passed in the reign of Queen Anne, and George II, requiring all deeds .and wills relating to lands to be registered at Wake- field (West Riding), Beverley (East Riding), and Northallerton (North Riding), the City of York, including the Ainsly thereof, were excepted from the operation of those acts. Deeds and wills relating to real property in the Ainsty of York have now to be registered at Wakefield. — Yorkshire Registries Act, 1884. - This means that the Recorder would have to give oral testimony as to what the customs of York were. ' Villanage signifies a servile kind of tenure belonging to land or tenements, whereby the tenant was bound to do all such services as the lord commanded, or were fit for a villain {servus) to do. From this paragraph it is clear that cities and boroughs were in ancient times the strongholds of liberty. 72 Law against Fire. of ancient time, have used to carry to the Kidcotc' and tliere imprison trespassers going in the night against the peace, and other incn and women, chaplains, and men of religion found in the night time in suspicious places with any woman, and to carry them before the ordinary to be punished according to the law of the Holy Church. XVI. — The prisoners that are cotidcmned and arrested within the city and are committed to prison at the suit of the party, and after sent bj' writ to the Exchequer, or in any other place of the King, with their causes. The same prisoners, after they are delivered in the King's Court, ought to be sent back to the city, to answer to the parties, and to expect their deliverance there. XVII. — If any house of the city be on fire, so that the flame of the fire be seen without the house, the master of the house shall pay to the bailiff of the city, XL. pence because he had no more care of his fire, by which the subjects of the King are frightened. - XVIII. — It hath been, time out of memory, ordained that if any Freeman of the City maintain any cause, or suit, against the Fran- chises and Liberties of the City, by which suit the Franchises and Liberties of the City are prejutliccd or impaired, his trespass being proved before the Mayor and Bailiffs of the City, or before any other judge in the Court of Record or otherwise, he shall be forejudged of his freedom and of all other benefits pertaining to the Franchises and Liberties of the city. ' The Kidcote was in the crypt of the chapel of St. William upon Ousebridge (see p. 70, note 1). We find numerous references to this prison. .Archbishop Hutton (1594-1605) by his Will left "to the prysoners of the Kidcote iij^ \\s viiji/" ; Correspondence of Matthe-M Hutton, p. 181 (Surtees Society). ' An excellent law when houses were largely built of wood, and the roofs were thatched. CHAPTER IV. t^t CU^ IXfit^in t^t T}?aee0, an^ t^c (Bake, (gave, TZ^arba, arii) IXla^h t^mof. AXTON, out of Po/jc/ironicon, writes that York is a straight city on either side Ouse, and seemed as fair as Rome before it was burnt by William the First. I shall not speak much of the buildings or houses. The streets are not very large, but some of the buildings are very good. William Neubrigensis' writes that the Jews formerly were very profuse in their expenses in building most large houses in the middle of the cit)', which he says were to be compared with royal palaces.- William Malmsbury says that York is second in dignity, a large city, and a metropolis, resembles Rome, is divided into two parts by the river Ouse, and receives ships in the middle of it, coming from Germany and Ireland. ' Gulielmus Neubrigensis, William Petit or Parvus, was a monk of the Abbey of Austin Canons of Newburgh in the N. Riding of Yorks, and is known as William of Newbury. He lived in the I2th century (born in 1136), and his principal literary work is Historia sive Chronica Kenim Anglicarutii. This chronicle begins with the Norman Conquest and ends with the year 1 198, and is regarded as thoroughly trustworthy. The writer does not forget to tell how Eboracum fared in these stormy times. ^ Commerce House, in Coney Street, marks the site of one of these houses. The vicissitudes of this place illustrate the historic associations which cling to many another locality, apparently common-place, or wholly modem. See Appendix, No. 5. 74 Aula Regis In Skeldergate and North Street abutting on the south side of the river bank have been, and are, many ancient built houses, as the fashion of some of them yet shows, which probably belonged to merchants where they might have cranes at their backsides to take up their wares, the river Ouse being then more navigable than now it is. Of this I shall speak more in another chapter. The King's house at York was heretofore called M.^NERIUM SUUM DE Toft, and in after years had the name of Duke Gild Hall, and is in ancient records called Aula Regis. And Christ's Church adjoining to it is called Ecclesia Sanctae Trinitatis in Curia Regis} It is called in some records the Church of St. Trinity in Coney-gate, or Coningate, which by likelihood maj' be Kaningate, or Kuningate, viz., King's-gate." The house which formerly belonged to Alderman John Hans is thought to be part of that which was the King's house anciently, and it may be probably concluded that it was the King's house, when the kings kept court here. And it is not known that they had any other palace anciently in this city. And also on the north side of it, in some gardens, have been found coins, where formerly were the stables or out-houses as conjectured. There is a street in this city called Footeless Lane,^ in the parish of St. Wilfrid's, wherein stands a house, which did belong to Walter Strickland, of Boynton, Esquire. This street is over against the Hospital of St. Leonards, where the master of St. Leonards used to keep diseased people, before they were, in some measure, helped of their infirmities to prevent the infection of others in the Hospital. That which is now and hath been for many years the Common Hall of the city, and where the Sessions and A.ssizes for the city are holden and where the Lord President and Council formerly sat, was heretofore part of the possessions of the Prior and Convent of Durham, for I find in an ancient Coucher-book of this city a fine from the Prior of Durham. In that book the title before the fine is Finis de Aula Communi. Over the gates of the Common Hall, there is a ' "The Church of the Holy Trinity in King's Garth, or King's Square." ' Cyning (Anglo-.Saxon) = King. ^ This was a declivity running down to the river. On the rixer bank was a small wharf or " landing", belonging to the Hospital of St. Leonard, close by. This " landing" ultimately gave to the street the name of Lendal Hill (a corruption of Landing Hill). The place is now called Museum .Street. It was originally a very narrow lane — Black Lendal it was sometimes called. It was widened in 1782 and agam in 1846. The name Lendal has been transferred to a portion of Coney (Conyng) Street. Other names by which Footeless Lane was known were Fictele's Lane, and Finkle Lane. The origin of this nomenclature is very obscure. Pavement. 75 statue or image of this city in the form of a goodly or big woman.* Anciently the statues of cities used to be set out in the feminine form. It hath a crown on the head. The Pavement, or Mark's-street, or Mark-skyre, which is the chief market place, is not very large. The learned and reverend Doctor Thomas Morton, late Hishop of Durham- (who was born in this city), did purpose to have bestowed some considerable cost in the enlarging of it, but one who was owner of a house, which he intended to have bought and pulled down for that purpose, stood upon so high terms in the sale of it that this good purpose was frustrated. It is conjectured by some that this place, called the Pavement, which we find in some records called the Pavement alias Havergate, and the street about it was formerly a marish^ ground, for upon digging for cellars and wells, sea coal, ashes, and other rubbish have been found very deep. A person yet living in the city, of great years, and an ancient inhabitant in the city, affirms that Alderman Marshall's house, and another house built by Mr. Bolt over against Alderman Peacock's house, at the end of the Upper Ousegate, do stand upon forced ground. And the Church St. Saviourgate in the same tract is known by the name of Ecdesia Sancti Saivatoris in marisco. John Leland in his Itinerary describes the west part of the city of York thus : — " The west part of the city of York is thus enclosed. First a Turret ; then the walls runneth over the side of the dungeon of the Castle on the west side of the Ouse, right against the Castle on the east bank. The plot of this Castle is now called the Old Bale, and the area and ditch of it do manifestly appear. Betwixt the beginning of the first part of this west wall and Micklegate, be 9 towers, and betwixt it and the bank again of Ouse be 1 1 towers, and at the tower of the i ith a postern gate to draw over the chain on Ouse betwixt them." In this west part was a priory of Black Monks called The Trinities. There was also, not far from Micklegate, a ' The Guildhall was built in the middle of the 1 5th century on the site of a former hall. Very many years were spent in its erection, and when completed, it was an unseemly structure, having only louvre windows, in 1760 an order was issued by the corporation for its repair. The old cupola in front was removed in 1772. Perhaps the statue, which had been taken down with \.\\^ gates, about the time of the erection of the Mansion House, in 1726 (see p. 17, note 3, Gent.) was carried away durinj,' these renovations. In 1786 a statue of George II, which had been executed by Charles Nutley, and which had been placed on the cross in Thursday Market in 1739, was removed to the front of the Guildhall, where it still remains. Nutley's remuneration for the work was a grant of the freedotn of the city. ^ From 1632 to 1660. '■* Marish = marshy (see p. 58, note 2). 76 The Walls and Bars. house of Black Friars ; nor far from this is a place called Bishophill where Henry Vavasour of Hesehvood, Esquire, had a messuage held of the Kiii<,\ in free burgage, and he died seised thereof in the 7th j'car of Henry VIII. I think this is the house which was of my Lord Fairfax common!}' called Bishophill. The nunnery of Clementhorpe stood without the wall on the west part right against St. Andrews. I shall be the shorter in this chapter in regard that in other chapters, I shall have occasion to speak of the churches of the Arch- bishop, and of the Dean and Chapter, and their houses within the city, as also of the religious houses and hospitals, and of Davy Hall, anciently the Gaol for the Forest of Galtres, and also of the Castle, all which stand within the walls of the cit)'. In the fourth year of King Richard II, the custody of the walls of the City of York is arrayed, and ordained, as appears by the book kept in the chapel of St. William upon Ousebridge. I cannot assign the time when the walls of the city were first reared. The building with stone is not very ancient in this nation. The Picts wall, first set up by the Roman Emperor Severus, if we may believe Bede and Matthew Westminster, was " magis caespites quam lapide factus."' But about 100 years before a wall of stone was set up by the Emperor Adrian, the relics of which appear very evidently at this day in many places.'- There are besides the posterns four principal gates in this wall : — (i) Micklegate,^ or Mickle Bar, as we would say, the great gate; (2) Bootham ;* (3) Monkgate ; and (4) Walmgate. Posterns : — Lendall, Skeldergate, Castlegate, Fishergate, Laythorp, Goodramgate.* Leland says the wall from the bank of Ouse on the east part goeth thus : — " First a great tower with a chain of iron to cast over the Ouse. And then another tower and so to Bowthamgate. From Bowdam Bar or gate to Goodrame Gate or Bar ten towers. Thence four to towers Laythorp, or Posterngate, and so by the space of two flight shots the blind and deep water of Foss coming out of the Forest of Galtres defendeth this part of the city without wall. Then ' Bede, Eccles. Hist., Bk. i, c. v. " A wall of turf rather than a wall of stone." The work of Severus was largely a reparation of Hadrian's wall. " The amanuensis has made a serious slip in the date, which is corrected as printed here. "But about 100 years before" reads in the MS., " But 200 years after." (!) ^ More correctly : M ickle = great ; Gata = street ; Micklegate Bar = The Bar on the Great Street. * Sir Thomas spells this name in many ways : Bowtham, Boutham, Bowdam. ° Often given as Gotheramgate. Fishergate. 7 "J to Walmgate three towers, and thence to Fishergate (stopped up since the rebels burnt it in the time of Henry VII); and in the wall, by this gate is a stone, with this inscription : ' LX yards in length A.D. 1445 William Todd Mayor of York did this cost'; thence to the bank of Foss three towers, and in the third a postern, and thence over Foss by a bridge to the Castle."* Leland hath this farther : " Some say that Walmgate was erected at the stopping up of Fishergate." But I doubt of that. These gates and some parts of the walls have been repaired of late." By ancient charters, which are also confirmed by the Charter Carol! Regis Primi, the Mayor and Aldermen may assess the inhabitants for the reparation of the walls. And there were former charters to that purpose in the times of Henry II and of King Henry the VI. ' Ex Itinerariojoh. Lelandi incepto, .\.Vi. 1538(30 Hen. VIII). — T. W. - Sir Thomas refers to the restorations after the siege of 1644. CHAPTER V. iBo^ttnmtni of t^t &it^ of ^orl s U i 1 /n^^i ^l Mi U^i ^ HE justice, by whicli the people of this land is governed, is (vested) in the King, and other substitutes under him. The King, as Sir John Fortescue observes, " sits not in judg- ment himself." The streams of this justice arc carried to the people by the great Courts of Westminster, the Chancery, King's Bench, Common Pleas, and the Exchequer. These, as to their several capacities, have an universal influence on all parts and people of the nation. But there are some less rivulets of justice for smaller matters, which are derived to the people in the Hundred^ and Wapontack Courts, which, as Ingulphus writes, were first instituted by King Alfred in the year DCCCLXXX, and also in some counties palatine, and in the bounds of boroughs, and cities, in which latter number this city is one. The government of this city is in several persons according to their several stations and capacities— the Mayor, who is the chief, twelve Aldermen, and two Sheriffs, the Common Council, who are served by a Town Clerk, six Sergeants- at-Mace, and two Esquires which are a Sword-bearer and the Common Sergeant who goes before the Lord Mayor, with a great mace on the left side of the sword. ' They are called Cantreds in Wales, for cantre (as I am informed) in the British tongue signifieth centum. — Vide IVIalmesbur>', De gestis Rcguin, lib. II, cap. 4. '■ Dicitur Cantredus composito vocabulo tarn Britannica quam Hibernica lingua tanta terrae portio, quanta 100 villas continere solet." Silvest. Giraldus, in Itinerar. Cambriae. — T. W. See note i, cap. Ainsty of York. The Lord Mayor. 79 This city is as the city of Rome was. It had yearl)- Bailiffs, and now Sheriffs, instead of Consuls. It hath the dignity of Senators or Aldermen. It hath under officers, several courts, and several assemblies, or councils upon certain days. There is a Recorder also, who is assistant to the Lord Mayor, and takes his place in councils, and in courts next to the Mayor, and delivers the sentence of the whole court as occasion requires. He is also assistant to the Sheriffs in their court. But in this chapter I shall primarily mention the chief magistrate and governor, and reserve the Courts of Justice for another chapter. I shall begin with the chief magistrate of the city, who hath now the name of the Lord Mayor. Some are of opinion that the word lord is a superfluous addition to mayor, for maire being a word in the old Saxon, derived from the Chaldee or Syriac (as many other words of that language are) signifies dominus, or lord.' I cannot determine what his ancient name was, nor is it very easy to say, when the name of mayor began, but it hath anciently been used in York as in London. As for London, the great city of England, I find that the ancient name of the chief magistrate of it was portreeve or portreeves, which appears by a charter of King William the First, mentioned by Ingulphus, in these words (being Englished) : " William, King, grccteth ' The repetition by Sir Thomas of the conjecture that the title lord is merely a redundancy, repeating in another form the title mayor, is not worthy of his scholarship. Our author afterwards correctly states the case when he makes it a distinct title conferred in the 12th year of Richard 11. This monarch came to York in 1389 in order to settle some differences which had arisen between parties represented by the archbishop on one side and the mayor on the other side. It is reported that by the exercise of great tact the King brought about a pacific settlement, though the matter of dispute involved considerable difficulties. Richard appears to have been verj' desirous to please the citizens. Among other favours he presented to the city a sword of .State, and conferred upon its chief officer the semi-baronial title he now sustains. Only thirty-five years before the same prefi.x had been added to the Mayoralty of London by Edward III (1354). This title is now enjoyed by the Mayors of Dublin, Liverpool, and Manchester. It may be well to remember that while the title mayor refers to the official's superior position and great influence (Lat. major) the prefix /oni hds reference to the character of benefactor which he should sustain. This latter word is derived from the Sa.\on lihicf, bread, and ford, to give (Skinner, Bosworth, etc.), or weard, keeper (Stiemhielm). These words are contracted to laford, and then lord, signifying the provider of bread. Verstegern, in The Restitution of Decayed Intelligence, speaking of the origin of this term and its counterpart lady (Saxon hlae/dige, she who kneads the loaf), says they are " honourable appellations with which our ancient and yet continued custom (that our lords and ladies do carve, and serve their guests at the table, which in other countries is altogether strange and unusual) doth well accord and correspond." 8o Early Lord Mayors. William, Bishop, and Godfrey, Portreeve, and all the Burgesses that in London be friendly, etc." In the 4th year of King John, " Burgcnses de Eboriim dant C;^ pro habenda benevolentia Domini Regis eo quod non vcncrunt obviam Domino Regi in adventu suo apud Eborum, et non hospitati Halistarios Domini Regis.'"^ The learned Baleus- writes that the first Mayor of London was appointed by King John in the gth year of his reign, 1209. I find the writ of Right Patent in London : " Rex Maiori vel Custodi et Vicecomitibus." — London Register, fol. 2. The first mayor I can find mention of at York is : — I. — One Nigellus in King Stephen's time.-' 2. — Drugo Bercntine was Mayor in Richard I's time. 3. — Tooke Flower, father of Saint Robert of Knaresborough, was twice Mayor of York,^ circa Richard I. — See Viewer, Funeral Monu- ments, fol. 143,^ and Fuller, Eccles. Hist., f 274 et infrn?" ' "The Burgesses of York gave /loo to gain the goodwill of the Lord the King because they had not come to meet the Lord the King on his arrival at York, and did not entertain the cross-bowmen of the Lord the King.' ■^ This refers to John Bale, Bishop of Ossory, the Latinised form of whose name is Baleus, or Balaeus. He was born in 1495, and died in 1563. Though at first a zealous Romanist, he became a convert to Protestantism through the influence of LordWentworth. He became a zealous writer against Popery, and an industrious antiquary. His writings display great learning and vigour of e.xpression, but are wanting in good taste. It has been said that no writer of the Reformation equalled Bale in acerbity, for which reason he was known as " Bilious Bale". His most important work is Illustrium Majoris Britanniae Scriptorum Summarium in quinque cetttiirias divisum. It is a catalogue of authors and their works, chronologically arranged. ' Stowe, and other chroniclers, state that " when King .Stephen re-built the Hospital of St. Leonard, dedicating it to St. Peter, and endowing it with certain threaves of corn, he commanded Nigel, then Mayor of York, to deliver up a place in the city near the west wall to receive the poor and lame in." ' The son of Tooke Flower spent his early years in the monasteries at Whitby and Fountains. Afterwards he retired to the rocks of Knaresborough as a hermit. .A.mong his patrons were Kmg John, William Estotville, Lord of Knaresborough, and a lady of the Percy family who bestowed upon him the chapel of St. Hilda. Many fables are preserved concerning his sanctity and miraculous powers. Matthew Paris has this absurdity for instance : " Anno 1209, Claruit fama Roberti * Weever (John), Ancient Funcrall Monuments within the united Monarchie of Great Britain and Ireland and the Islands adjacent, etc. (pub. 1 631). Weever quotes from Cotton MSS. " Fuller, The Church History of Britain, pub. in six parts, fol. (1655). Each part is separately paged. The page quoted by Sir Thomas refers to Part 11. Henry de Sexdccim VoJli'ms. 8i 4. — Thomas Palmer was Mayor, anno Verbi Incarnati 1219, 3 Hen. III. 5. — I find Henry dc Sexdecim Vallibus, or Cezcvaux, was Mayor in the beginning of the reign of Henry HI, and Agnes, his only daughter and heiress, was married to Thomas Fairfax, of Walton, Esquire. She was his widow about the 45th year of Henry HI, and after that was married to John de Camera. This Agnes in 12 Edw. I, in her second widowhood (as by the deed appears) did release to her son William Fairfax as followeth : — ^ " Relaxavi etc. Williclmo Fairfax filio meo totum jus etc. in quatuor mercatis et dimidia annui redditus cum pertinentiis in Eborum quas idem Willielmus habct de dono Johannis de Camera viri mei ex dono meo." And recites the parcels of lands, " Habend. et Tenend. etc. et quae mihi et haeredibus meis jure haereditario quoquo modo acciderint de haereditate Hcnrici de Sexdecim Vallibus patris mei seu aliorum antecessorum aut parentum suorum vel meorum pro omnibus aliis haeredibus meis, praedicto Willielmo et haeredibus suis de me etc. Testibus Domino Gilberto de Luda tunc Maiorc Eborum ;" Jacobo de Lissington ; Willielmo Stegt ; Rogero de Bonavilla tunc Ballivis de eadem.-' Dat. die Sancti Andreae 12 Ed. I Anno 1283." 6. — Hugo de Selby was Mayor in the 15th year of Henry HI, 1230, and the same Hugh was Mayor the second time. In a charter where Alice Bugthope gives the stone house, near the Church of St. Gregory, Micklegate, these are witnesses : Hugo de Selby, then Mayor, and Rogero Decano.* Hermitae apud Knaresburgh, cuius tuniba oleum emisse." Saint Robert was interred at Knaresborough, but the monks of Fountains desired that the body of their quondam brother should rest with them. They even proceeded to remove the remains, and were only deterred from carrying out their purpose by armed retainers despatched against them from the neighbouring castle. The cave, in which the remains of the victim of Eugene Aram (executed 1758) were discovered, was originally the home of this famous hermit. His name is also associated with a tiny chapel hewn in a rocky clift" overlooking the river, and which once, it is said, possessed considerable claims to completeness and artistic display. " Each proper ornament was here That should a chapel grace. With reaching columns neatly fonned, And holy water vase." ' Only the signatures to this deed are immediately interesting. - Notii; another Mayor of York. — T. W. ' It appears also by this that the ancient government of this city was in Mayoi and Bailiffs. Sheriffs were added afterwards. — T. W. * It appears by another charter of the 4th year of Henry III that this Roger was Dean of York. — T. W. Decanus = a dean. G 82 Mr. Walter Strickland's MS. 7. — In a deed dated the 22nd of March, in the 33rd year of Henry III, in the Coucher book of Hclagh} there is " Nicholas Orgar major Eborum." 8.— In the 36th year of Henry III (1252) John de Selby was Mayor.- 9. — In the 43rd year of Henry III (1259) Adam de Cresse was Mayor. 10. — 44 Henry III, Idem. II. — In a deed dated 1263, I find, John Selby Mayor ; Ivone dc Usegate, Simone de Grant, and Johanne de Cunnington then Bailiffs. 12. — In the 56th year of Henry III, Walter de Stokes was Mayor. There is a catalogue of all the Mayors, and Bailiffs, and Sheriffs of this city, from the beginning of the time of Edward I. This catalogue, as to some parts of it, is in the hands of divers persons. But I have some notes upon this, which were taken by Mr. Roger Dodsworth out of a book of Mr. Walter Strickland, a worthy gentle- man^ well versed in antiquity, some of which I shall mention in this chapter, and the rest I shall forbear to mention. I shall go over these as summarily as I can. 1272. — Edward I : Mayor, John Spencer or Spicer ;* Bailiffs, Gilbert Lude, Henry Holtby, John Coniston. 1273. — Idem. 1274. — Mayor, Idem ;'' Bailiffs, John Sutton, John Coniston, Henry Holtby. 1275. — Mayor, John Bromholmc ; Bailiffs, Robert Bloome, Robert Moore, Adam Bullingbroke. 1276. — Mayor, Idem ; Bailiffs, John Spicer, John Coniston, John Sutton. 1277. — Mayor, Idem ; Bailiffs, Stephen Tighten, Roger Bomell, J. Coniston. 1278. — Mayor, Walter Stokes. He was aged, and in the midst of his Mayoralty Sir Gilbert Robert Ludley, Knight, was made Mayor ; Bailiffs, Nicholas Selby, Peter Saynton, William Sleight. ' Healaugh, near Tadcaster. - In the 41st year of Henry III Gacius de Calvo Monte or Chamont was Mayor. ^ Walter Strickland of Boynton, Esquire, was a learned antiquary, and owner of many choice pieces of antiquity. They were all embezzled some few years since (i643)--T. W. ■■ John I'Espicer. As a witness to an old grant to the Abbey of Fountains he is called Johannes Apotecarius. Espicer, espicier, or epicier, is an old French term for druggist or apothecary. ' Ought to be Robert de Bromholme. Liberties Forfeited. 83 1279. — Mayor, John Sampson ; Bailiffs, Nicholas Spicer, Roger Vasy.* 1280-1281. — The Mayoralty and liberties were seized in the King's hands, in the 9th and loth years of Edward I, and Richard do Romondely was Custos Eboruni'} This signature I find to a deed dated 9th Edward I, A.D. 1280. John Lythgresnes, the Sheriff of the County of York, accoinptcd (at this time) in the Exchequer for all the profits which the city held in farm, and for which they paid £\(yO per annum. ^ In the year 1282, upon the Feast of St. Edmund the King, the citizens of York for 1,000 marks did obtain again the seisin of the liberties of the city, which formerly they had lost — " propter* quandam falsum chartam quam coram Justiciariis monstrabant."* I do not forbear to mention this seizure, though it reflects upon the misgovern- ment of the Mayor. Indeed, it was frequent in ancient time to have such seizures of liberties of cities and corporations into the King's hands, occasioned by the miscarriages of Mayors. I shall only mention one of London. In Libro Magna, MS. Itineruui, Itinere London, 14 Edw. II, fol. 100 : — It was found by verdict, that "whereas the freemen of the town of London have such Franchise, that if any of them were indicted of felony, he ought to be let to viainprize'^ till the coming of the Justices Itinerant, and in the meantime ought not to be put to answer to any indictment or appeal ; and that one Henry Brenden, who was no freeman of the town, was indicted for the death of a man in the si.xth year of the King, that now is, John Gisors, being then Mayor of London, after the felony committed did cause the name of the said Henry to be put in his paper, amongst the names of those who were received for freemen of the town, and made the date of the entry two weeks before the felony committed, and afterwards mainprized him as a freeman ; this was charged upon the Mayor, at the suit of the King, and of the party, as a thing against common right ; and because the Mayor was chosen by the Commonalty, > List of Bailiffs. This list corresponds with that printed by Lawyer Hildyard in 1664 and Torr in 1719. Nicholas de Selby is omitted under date 1279. - See p. 55. ^ This fee farm was afterwards abated in some measure by King Henry VIII.— T. W. Richard III also remitted ^60 of the fee farm rent to the city. See p. 85. * Annates MonasUrii B. Mariae Eborum, in Bibliotheca Bodleiana, Oxon.— T. W. ' " By reason of a certain false charter which they displayed before the Justices." ' Delivery into custody of a friend upon security for appearance. The writ of mainprize is now obsolete. G 2 84 Sword of Richard II. therefore his fault ought to turn to their prejudice. And inasmuch as he had abused his power to the disinherison of the King, and blemish of the crown, it was awarded that this Franchise shall be lost for ever; and because he had not well used his office and his mayoralty, the same was seized into the King's hands, and Sir Kaph Bcrcsford was assigned Guardian on the part of the King, and command was given to the sheriffs, ministers, officers, and other people, to obey him. And so Gisors was put in prison and left to the King's mercy. And afterwards, in the place of Sir Raph Reresford, Sir Robert de Kendall was assigned Guardian of London, for the King, by the Commission of the King in Eyre." The like is in Itincre Nottiughain, 3 Edw. Ill, in the same book, Eol. 209, and the Mayor of Nottingham was put out of his Mayoralty. Of late years for miscarriage of a mayor, or abuse in an undue election, the course hath been to remove the maj'or and place another. But I proceed no further in this Catalogue, but leave it for an Appendix, if I can obtain a perfect one.' Unto William Selby, then Mayor of York, King Richard II, about the 1 2th year of his reign, gave the first sword, from about him, to be borne before this Mayor. And he was then first named Lord Mayor, as 1 have heard. " In nomine domini Amen. Strenuissimus Princeps et dominus Richardus 2''"^ Rex Angliae et Dominus Hiberniae Illustrem volens Civitatem suam Eborum prae cacteris in honore praeferri anno 1388 Regni vero sui 12 in tempore Williclmi Selby tunc Maioris concessit et confirmavit pro se et heridibus'^ suis Civibus Civitatis Eborum et eorum successoribus in per[pc]tuum quod Maior dictae Civitatis et successores sui qui pro tempore fuerint Gladium suum ipsius Civitatis per ipsum dominum Regem tunc primo datum aut alium Gladium qualem eis placuerit, extra praesentiam suam et haercdum suorum habeant portatum et portari facere possint coram iis per punctum erectum in praesentia tarn aliorum magnatum et Dominorum Regni Angliae qui nos linea consanguinitatis attingunt et quorumcumque aliorum quam alio modo quocumque."* ' Sii- Thomas gives a list, as here promised, as an appendix to ihe A >iah-c/ '^s. yearly.* I shall conclude this history of the Lord Mayor with the Statute to the citizens of the city of York and to their successors for ever, that the mayor of the said city and his successors for the time being may have and cause their sword of the same city, then first given by the Lord King himself, or such other sword as they shall please, to be borne before them, out of his presence and that of his heirs, with the point erect as well in the presence of other magnates and lords of the realm of England who touch us in line of kin and of any others whomsoever, as in any other manner whatsoever." ' Widdrington mentions four swords. There are now only two — that of the German Emperor, and that of Sir Martin Bowes. It is much to be regretted that the gift of Richard II has disappeared. - The MS. quotes here, " i or 19 Rich. II, rot. 29; and loEdw. IV," which, upon search of the Rolls, I find to be an error of the amanuensis. ' Sir Thomas has /8 5^. here, which is not correct. Vide Appendi.x, No. 6. 86 Recorders. of 29 Henry VI, cap. 3, a law not unfit to be mentioned, when persons are so unwilling to undertake this place. Yet I must acknowledge, not without grief, that poverty hath seized upon this city, and the citizens are not of that condition as formerly they have been. By this statute all Letters Patent granted, or hereafter to be granted, to citizens of York to be exempt of the offices of Mayoralty, Sheriffwick, Chamberlain, collector of dismes and quinzismes, and citizens for the Parliament shall be void : And the citizen which purchaseth or taketh such exemption shall forfeit ^40 to the King, and to the Mayor and citizens of York. By the Statute of Acton Burnell made 13 Ed. I (1285), ordaining the Statute Merchant for recovery of debts, the party is to come before the Mayor of London, YoRK, or Bristol, etc. In the second year of FIdward IV, for the relief and amelioration of the citizens, the King grants that the Mayor, Recorder, etc., shall be the conservators of the rivers Humber, Ouse, Wharfe, Derwent, Aire, and Don. By virtue of this Grant, there was a Session at York the 26th of June, in the 25th year of Henry VIII, before the Mayor, Recorder, and two Aldermen, where it was presented that the Priors of Drax and Durham had severally levied gortes and fish-garths,' which they, upon their view, found accordingly, for which they set upon them severally taxes and assessments, and upon certificates thereof unto the King's Bench, that they had used there some engines for fish, but that the passage was still open enough, issue was taken whether it were a purpresture- or no ; and the King's attorney, upon the certificate of the Commissioners, that the nuisances were removed, confessed the plea of the Prior of Durham, and he was discharged by judgment. For the Recorders of the city I shall give the names of such of them as I find, but not the precise time of their constitution, for some of the ancient court books being lost or mislaid, my accompt of them cannot be perfect.^ (i) I find William Wandesford was Recorder in the 5th of Henry V, but when he was made so I know not. (2) Guy Roucliff, who married the sister and heir of John ' Garth, the same as girth, from gyrdan (A.S.), to surround, to enclose, an enclosure about a house, a close, a dam, a weir. 2 Anything done to the nuisance or hurt of the King's demesnes, or the highway, etc., by enclosure, or building, endeavouring to make that private which ought to be pubhc. The difference between pourpresture and nuisance is that the former is an invasion o{ the jus privatum of the Crown, but when \\\^ jus publicum is violated it is a nuisance. ' Drake takes his list from the MS. of Sir Thomas. Recorders. 87 Broiigh, by whom he had issue, Bryan Rouclifir, second Baron of the Exchequer in King Henry VII time.' In the first year of Henry VII, the Year Book, mention is made of Bryan Radcliff, the 2nd Baron of the Exchequer. The name is misprinted, for it should be RouclifT. He was owner of the manor of Calthorp, in the county of the city of York, and of lands in Bickerton Moor. (3) And I have heard a tradition which is derived to me from the report of Mr. William Girlington, of Lincoln's Inn, 1612, that in the time of the wars between the Houses of York and Lancaster there were two brothers of the Girlingtons, both lawyers ; the one of them sided with the House of York, the other with that of Lancaster. And they were interchangeably Recorders of this city, as the White Rose or the Red was more weighty in the balance, so that these two brothers were the alternative oracles of this city for some time. But I find not their Christian names. (4) Sir Guy Fairfax, Serjeant-at-Law, Recorder. It appears not, to me, when he was made Recorder.- He was made Serjeant-at- Law in third year of Edward IV, at a general call of .serjeants. And in the sixteenth year of Edward IV^ he was made one of the judges of the King's Bench, and so continued till the eleventh year of King Henry VII. Sir Henry Spelman hath, in his Glossary^ in the Catalogue of the Chief Justices, that he was appointed Chief Justice in the eleventh year of Henry VII, but lived not to be installed in the place. John Dawtree, by his will, made in the thirty-seventh year of Henry VI, may seem in some sort to have presaged this, when he gave a book, which had been the book, of the most famous Chief Justice, Sir William Gascoyne, in these words, " I give to Guy Fairfax, one great register, sometime William Gascoigne's, Justice of England." It appears by an inquisition taken before the Lord Mayor of London, Escheator, after the death of John Lord Scroope, that the said Lord Scroope died seised in fee, by the will of Sir Guy Fairfax, Knight, one of the King's justices, made to him the said Lord Scroope and others in the 9th year of King Henry VII, of one house or tenement late called Serjeants' Inn in Holborn held in burgage. It is now called Scroop Inn or Scroup Court.^ ' He became Second Baron of the Exchequer, 26th June, 1483 (Richard III). - He became Recorder in 1476. ^ Vide Y. B., 17 Edw. IV, fol. 4/'. * H. S. . . . Archatologus. In modum Glossarii ad rem ant., etc. (pub. 1626), fol. 417. ' Vide Dugdale, The History and Antiquities of the four Inns of Court, and the nine Inns of Chancery, also of Serjeants Inn, and Scroop's Inn (pub. 1780). 88 Sir Richard Hutton. (5) Miles Metcalfe, Recorder, who was also one of the Justices of Assize at Lancaster. I find an indenture of Composition made for Fulford in the 2nd year of Henry VII, in which were Arbitrators, Sir Guy Fairfax, one of the judges of the King's Bench, John Vavasour, Serjeant-at-Law, Miles Metcalfe, Recorder of the City of York, and William Eland, Recorder of Hull. (6) Sir John Vavasour, Knight, Recorder," Serjcant-at-Law. He was the King's Scrjeant-at- Law, and so made in the 1st year of Henry VII,- the 13th of October, and was afterwards one of the Judges of the Common Pleas. (7) William Fairfax, Serjeant-at-Law, Recorder. He was made one of the Justices of Assize at Lancaster, in the ist year of Henry VIII, and in the 2nd year of Henry VIII one of the Judges of the Court of Common Tleas, at Westminster, and was the oldest son of Sir Guy Fairfax. (8) In the i8th year of Henry VII : Bryan Palmes, afterwards Serjeant-at-Law. (9) In the 1st year of Henry VIII : Richard Tancred.* (10) In the 27th year of Henry VIII : JOIIN PULLEIN. (11) In the 3rd year of Edward VI : WiLLIAM Tancred. (12) In the 17th year of Elizabeth : William Birnanu. (13) In the 25th year of Elizabeth : William Hildyard. (14) 1608.— Sir Richard Hutton,* Knight, Serjeant-at-Law, born at Penrith, in Cumberland, was Recorder. He was afterwards one of the Judges of the Court of Common Pleas at Westminster, and Temporal Chancellor of the County Palatine of Durham, in both of which places he continued about twenty years. He lived and died in great honour and esteem for his learning, justice, courage, and integrity, and I may add his charity and hospitality.^ The memory of the just shall not perish. His body was buried in St. Dunstan's ■ Elected August i486, in opposition to the recommendation of Thomas Middleton by the King (Henry VH). ^ He was made Serjeant-at-Law within a few days of the death of Edward V. Patent renewed by Richard III, and Henry VH. ^ There is a serious omission of three names here. They are : loth year Henry VIII, Sir Richard Rokeby ; 14th year Henry VIII, Sir WilHam Gascoign ; 18th year Henry VIII, Richard Page, Esq. * Just. C. P. 1625 ; died at Serjeants' Inn, Chancery Lane, February 1638-9. He compiled Reports on Sundry Cases, which were published after his death. Toss, Judges Eng., vol. vi, p. 332. ^ "A very venerable Judge." — Clarendon, Bk. ix, § 125. "A grave, learned, pious, prudent Judge, of great courage, and patience."— Croke, Rep. Car., 56, 504, 537. Johnson of Wittchester. 89 Church, in Fleet Street, where you may find this true memorial of him^: "Hie reqviescvnt ossa Richardi Hvtton, militis vnivs Jvstitiari- orvm Dmi. Regis dc Coi : Banco qvi obijt vicessimo sexto die Febrvarij anno Dmi. 1638. Annoq Aetatis svae 79°. Faelix iter a secvlo ad Coeknn"'- (15) 1616.— Bernard Ellvs, Esq. (bom in Cumberland). (16) 1622.— Sir William Belt, Knight, born in the city. An eloquent orator, in a Lipsian dress, ot> bonus, dicendi peritus? He never wanted words for his matter, nor did his words ever exceed the matter. The most curious auditor could not observe deficiency or redundancy in his style, which was so pleasant, that what Seneca said of Severus might truly be said of him, " Nemo non illo dicente timebat ne desincret."^ Doctor Johnson,* sometime schoolmaster of Winchester Schools, who wrote the poem of Wickham,*' having praised all his predecessors in some distichs, in the la.st place he wrote this of himself: " Ultimus hie ego sum, sed quam bene quam male nolo Dicere : de me qui judicet alter erit."^ ' Originally this stone occupied a place near the altar. — Vide Denham, Views of S. Dunstan's in the IVesl (published 1829). .'\t the restoration of the Church (1832) it was placed on the west wall, near the door com- municating with Clifford's Inn. " " Here repose the remains of Richard Hutton, Knight, one of the Justices of our Lord the King, of the Common ISench (of the Court of Common Pleas), who died on the 26 Feby. a.d. 1638, in the 79th year of his age. Happy journey from this world to heaven 1" ' " A good man, and e.xpert in speech." * " When he was speaking, there was no one, who did not fear lest he would stop." (He spoke with such effect that all desired him to continue.) ' Christopher Johnson (1536- 1597) was appointed Head-Master of Winchester College by Archbishop Parker in 1560. " Ortus atquc vita Gut. Wykchuini W'inton. Episcopi, (published 1564). Written in elegiacs. Johnson was esteemed as the most elegant Latin poet of his day. ' " Here I am, the last, but, whether for good or evil, I am not willing to say : let it be another who shall decide concerning me." CHAPTER VI. Course of ^uBtiu in t^t . 1421), in the 9th year of Henry V." * Time shall be given. ' A week. I02 Sheriffs Court. under 13^. i4- he may perform hi — Charta de an., 15, 16, et 17 Rich. II, m. 20, n. 14. Leland mentions Foss-bridge to consist of .... '^ arches ; Monk- bridge on Foss, without Goodramgate, of five arches ; Layerthorpc on Foss, three arches. — Ex Inter. Joh. Lelandi, incepto a.d. 1538, an. 30 Henry VIII. Anno Domini 1268, in the vigils of the Blessed Virgin Mary, the citizens of York did make their peace with John Comin, Baron of Scotland, for ;{l300, to be paid to the said John, and for two chaplains to celebrate divine service for ever upon the Bridge of Ouse, where the offence was committed {Annates Monasterii B. Mariae Eboru»i)} There is another river which runs through some part of this city. It runs near the Castle, upon which York Mills do now stand, commonly called the Castle Mills,* which as I have heard are not very ancient. Before the building of them, the place where they stand was a fair green, and a passage from Fishergate Postern to the Castle, and used for bowling, shooting, and other diversions. Part of this river goes through the city, but invisible, it running under a bridge in the way to the Castle, beset on both sides with houses. It appears by Inquisition that in the 30th year of Edward III divers had fished " in stagno Domini Regis de Fosse" at divers times, and had TaKila porcaviav:^ upon the bank aforesaid to the prejudice of the fish. I find that in the time of King Edward III, upon the complaint of Oliver Sandhus, to whom the custody of the fish-pond was ' Mortmain signifies an alienation of lands and tenements to any guild, corporation, or fraternity, and their successors, which may not be done without the licence of the sovereign, and the lord of the manor, or of the sovereign alone, if it be immediately held of him. Property which cannot be employed in any temporal use is thus spoken of as lying in a dead hand — inaniis tuorlua. ' The omission is in Leland. — Vide Itinertiry, vol. i, fol. 6i. '' Whether the Chapel of St. William was built on this occasion, or previously when the bridge was constructed, is a matter which still remains a question. * There is, in the Museum (Y.P.S.), a relic of these mills. This is a stone "with a plain cross in relief, brought from the Castle Mills, destroyed in 1S56. These mills originally belonged to the Knights Templar. The chapel, over the doorway of which this stone was placed, belonged to the Guild of St. George." ' Porcavia=l'ig-sty. 1 1 S Regulation of Fishing in Ouse. committed by the King, that he pretended he was hindered to take the profits belonging to the river, and that others challenged a right of fishing there. Upon which the substance of the writ was " to survey, enquire, and certify the accustomed bounds of the fish-pond, and what other profits belong thereto." The patent bears the date of Skipton- in-Craven, 20 Oct., 17 Edward III. And this was done by 24 Knights and other good men of the city of York. By virtue of this an inquisition was taken at York on Saturday next after the octaves of St. Martin, by the oaths of — Thomas Bolton, Thomas Rivers, William Wyvell, Geffrey Upsale, Jo. Minor, William Darell, Alexander Percy, Richard Goldsborough, Henry Hartington, Hugh Pickworth, Richard Davering, John Flcmyng, Thomas Sheffield, and John Nevill, Knights, and others. The justices and jurors did view the fish-pond, and found that " one head thereof extends to the King's Mills, under the Castle of York, towards the south. And towards the north and east the fish-pond is divided into two arms, whereof that towards the north extends itself to the water-mill of the Abbot of St. Mary of York,^ and the other arm extends itself to a certain woody cross anciently situated at the end of the said arm, between the land of the Prebendary of Tang and the land of the Hospital of St. Nicholas,' near York. And the old and accustomed bounds of the said fish-pond are, that is to say, so much as the water of the said fish-pond occupies, so that the water be in the channel, within the banks everywhere and not without. And that the King hath not any ground of his own without the banks afore- said, or near the arms aforesaid, or profit, unless it be as much as the fisher of the said fish-pond can mow of the grass and rushes, one of his feet being in a ship or boat, and the other foot without upon the ground of the bank, with a little scythe in his hand in summer-time, the water being in the channel within the banks' aforesaid." They say also that " the water of the said river rising or falling, the fishing of the same belongs to the King. And that no other hath fished there in the time of the King. In witness", etc. By the statute of 13 Edward I, it is provided that the waters of the Humber, Ouse, etc., shall be in defence for taking salmon, from the Nativity of our Lady till St. Martin's Day ; and likewise that 1 Like the Castle Mills, this flour mill was on the Foss, but situated some distance from the city, on the way to Huntington, at Earsley Bridge. 2 This hospital stood without Walmgate Bar, the name being retained to-day in Nicholas Street. The house was an ancient one, and enjoyed Royal patronage, the Empress Maud, wife of Edward I, making a grant to the brethren of a rarucate of land. Drake gives this inquisition in his Appendi.x XL. ^ In English— " withinnen the brinks". — T. W. Grant of Henry IV. i IQ young salmon shall not be taken nor destroyed by nets, nor by other engines at mill pools from the middest of April until the Nativity of St. John Baptist (Regulation of Fishing in the River Ouse, 13 Edward I, c. 48 ; 19 Richard II, c. 19). King Henry IV, in the 4th year of his reign, did in aid of the making of Foss bridge, make a grant in these words : — " Rex dilectis sibi Maiori et Communitati Civitatis nostrae Eborum salutem. Sciatis quod in auxilium facturae pontis vocati Fosse- brigg ultra aquam nostram de Fosse infra Civitatem nostram praedictam, qui in casu ruinae existit, ad grave dampnum dictae Civitatis et totius patriae adjacentis, ut accepimus ; Concessimus vobis quod a die confectionis praesentium usque ad fincm quinque Annorum proxime scquentium plenaric complendorum, capiatis per illos [quos] ad hoc deputaveritis, de qualibet carecta carcata cum victualibus merchandisis seu aliis rebus venalibus ultra dictum pontem transeunte, vel ad mercatum ejusdem pontis veniente unum denarium, et de quolibet sumagio equi cum victualibus mercandisis seu aliis rebus venalibus ultra pontem praedictum transeunte vel ad mercatum praedicti pontis veniente unum quad- rantem. Et ideo vobis mandamus quod Consuetudines praedictas usque ad finem praedictorum 5 annorum recipiatis, et eas circa facturam pontis praedicti convertatis in forma praedicta. Volumus autem quod completo termino praedicto Consuetudines hujusmodi penitus cessent et deleantur. In cujus, etc., per praedictos quinque annos duraturas. Teste Rege apud Westmonasterium xxvi die Octobris"' (Pat. 4 Henry IV, p. i, m. 22). ' "The King to his beloved the Mayor and Commonalty of our city of York, greeting. Know that, to help the making of the bridge called Foss-bridge, across our water of Foss, within our aforesaid city, which is in a state of ruin, to the grave damage of the said city and of the whole adjacent country, as we have been informed ; we have granted to you that, from the day of the making of these presents until the end of five years next following fully completed, you may take, by those whom you shall appoint for the purpose, one penny from every cart laden with victuals, merchandise, or other things for sale, crossing over the said bridge, or coming to the market of the same bridge, and one farthing for every horse-load of victuals, merchandise, or other things for sale, crossing over the aforesaid bridge, or coming to the market of the aforesaid bridge. And, therefore, we command you to receive the aforesaid customs until the end of the aforesaid five years, and to convert them, as aforesaid, to the making of the aforesaid bridge. We will, moreover, that when the aforesaid term is completed these customs shall entirely cease and be abolished. In witness, etc., to last throughout the aforesaid five years. Witness the King at Westminster, 26th day of October." CHAPTER VIII. t^t ^ixUxU of t^t tit^. 1 1 1-", suburbs of late amounted to a sixth part of the city, wherein there were many parish churches, and many fair and substantial houses, but all these were wasted to ashes with fire in the year 1644, and there is very little new being given to any of them at this day. Bootham, where the Abbey of St. Mary stood, is part of the suburbs of this city, which fact engendered many differences between the City and the Abbot. I shall speak of the Abbey distinctly in another chapter. Bootham hath been, time out of mind, part of the suburbs of the city of York. It is the King's street, and extends in length from Bootham Bar to a wooden gate at the farther end of that street, which anciently was called Galmhawlith' where the officers of the city used to stand to take and receive the toll and customs. And the breadth of it is from an ancient stone wall which encloseth a court there, lately called Earleborough,- where the Monastery of St. Mary was afterwards seated, to a ditch called Kenyngsdyke, which en- closeth the suburbs on the other side. Within which bounds there ' This name of an ancient gate which separated the city from the Forest of Galtres, is through corruption variously spelled. The derivations of the first and last syllables are fairly certain, the former being borrowed from the name of the forest, and the latter (hithe) being the Anglo-Saxon for gate (J>orius). ^ This is now known as Marygate. The Case of Boot ham. i 2 1 is a street called St. Gillygate' and another street which is called the Horse Fair, where the Mayor and Bailiffs do every year hold their chief fairs belonging to the city. An ancient claim of the citizens to this district is given in these terms : — (i) The citizens say that the street of Bootham is a suburb of the city of York, and all the tenants of the same are giidable to the King, and the tenements there are giidable, and are held of the King by husgabul,^ and they be devisable by will, and they are in all things of the same condition and custom as the other tenements of the city, and they pay no relief (De articulis ct rcsponsionibus liberatis coram Domino J. dc Kirkby^ per 12 Juratores.)* (2) That in the said street of liootham there was never any market, fairs, tumbrell, pillory, or any other thing that belonged to a free borough, levied ; but all things belonging to a market or toll were taken and done by the Mayor and Bailiffs as within the suburbs of the city. (3) The street of Bootham doth begin from the great gate of the city which is called Bootham Bar, and goes to an outer gate, which anciently was called Galmhawlith, and to the ditch of the said suburbs which is called Kenynsdyke. (4) In all the Eyres of the Justices, time out of mind, as well the Pleas of the Crown as other pleas of Bootham have been pleaded within the city, as a suburb thereof : and the same have been presented and terminated by twelve men, and by the Coroners ot the city. (5) And whereas the Citizens have by the charters of the King's Progenitors, and by confirmation of the King himself, that the dogs in the suburbs of the said City should not be e.vpeditated, in the suburbs of Bootham, which is within the Forest of Galtres to the great gate of Bootham Bar, the dogs have not been expeditated.^ (6) In the book o{ Domesday where all the viils and boroughs of England are named there is no mention of Bootham. ' So called from the Church of St. Giles which stood here. Given in the MS. as St. Jellygate. '■* Husgavlum is rent lax, or tribute laid upon houses. • John Kirby was Lord Bishop of Ely, A.D. 1286 ; died 1290. * "Articles and Answers delivered before Sir J. de Kirby and twelve Jurors." ' In the forest laws, to expeditate signifies to cut out the ball of dogs' forefeet, so causing lameness, for the preservation of the King's game. Every person who kept a dog not expeditatcd forfeited 3^'. to the King. The ball of the foot of the mastiff was not cut out, but the three daws of each forefoot were cut to the skin. Ex Magno Rot. Pipae de anno 9 Ed. II. — Vide Blount, Law Dictionary. T22 The Case of Bootham. (7) Anciently, upon the river Ouse, between the Kinjj's street of Bootham, and the river aforesaid, there was an ancient street inclosed with a ditch, and doth yet appear, which in English is called Earles- borough : and it was of old time the land of Alan, Earl of Richmond, who gave that street to Stephen de Lastingham Abbot : within the bounds of which street, Bootham, or any part of it towards the north, is not contained. (8) And if Bootham were the Borough of the Abbot, the Abbot should rather be called the Abbot of Bootham, than the Abbot of York. (9) And by the law of the land, no man ought to have a free borough market, or fair, unless it be at least five miles from the neighbour boroughs and markets. And if a borough so near as this should be tolerated, the King would lose all his contributions, fines, amerciaments, escheats, and other aids, to the disinherison of the King, and subversion of the city. (10) And this appears, by an inquisition, taken before M. Pate- shulP and his companions. Justices Itinerant, at York, in the third year of King Henry son of King John. It is found that the said Abbot did challenge to himself liberties as well within the cit)', as without, in the suburbs of the same. And the seisin of the said Abbot was enquired of by twenty-four knights, and no seisin was found in him, of the Liberties within Bootham. (11) And in the same inquisition it is contained that Walter Daniel, a serjeant of the Liberty of the Abbot, was appealed of the death of his wife by William Shiftlyng, brother of the wife. And the Abbot did demand his Liberty, but he could not have it. And a duel was joined between them, and Walter was vanquished in the field and hanged, and his goods and chattels forfeited to the King. And after this the men of the Abbot came and took away the body and interred it in the garden of the Abbot, which he claims to be within ' Martin de Pateshull held some office in the Court of King John. Early in the reign of Henr>' III he was raised to the Bench. In 1226 he was made Archdeacon of Norfolk, and in 1228 became Ue.in of -St. Paul's, London. "The fourth report of the public records (App. ii, 161) gives an amusing testimony to his activity in performing his legal functions. In a letter to the authorities, a brother Justice appointed to go the York circuit with him prays to be excused from the duty, ' for", says he, ' the said Martin is strong, and in his labour so sedulous and practiced, that all his fellows are overpowered by the labour of Pateshull, who works every day from sunrise until night.' The writer therefore prays to be eased of his office, and allowed to go quietly to his church in the county of York, to which he had been lately presented, and to have letters of dispensation." Pateshull died in 1229. — I4V/ear of ... . ;- and in the Iter, of Silvester Bishop of Carlisle, and R. de Thurkelby and his companions at York, in the 35th and 36th years of .... ;* and in the Iter, of R. de Thurkelby, in the 4th year, and before G. de Preston* and his companions. Justices of the King's Bench, where it is found that William de Edghes remaining in Bootham, was indicted of the death of Margaret his wife, before the Coroners of the city, in the 17th year of the then present King, and was arraigned before the said William and his companions in the Guildhall of the said city and acquitted. (12) And in the Iter, of the Justices Itinerant at York, in the Sth year of King Edward, son of King Henry, it will be found that the Abbot of St. Mary's had no right, claim, or liberty, in Bootham, nor challenged an)'. (13) And in the Book of Domesday, it is contained, that no man hath custom, as burgess, except Merlesuain in one house, which is within the Castle, and except the Canons where they dwell. (14) William of the Abbey, and William of Sutton, Richard Trusey, Lawrence. Benchard, and Lawrence Bootham, dwelling in Bootham, were hertofore Bailiffs of the city of York. I shall in this mention an agreement, which was made between them by the mediation of William de Thoresby, Archbishop of York, in the 26th year of Edward 1 1 1, which was expressed in an indenture, which I have seen, dated the i6th day of January 1353, in the 26th year of Edward III. This was done by Commission under the Great Seal made to William de Thoresby, Archbishop of York and Lord Chancellor of England, as appears by P. 24 Ed. 1 1 1, p. 2, m. 29 in dorso. And in the meantime, till the agreement was made, the King did grant a Com- ' Roger de Thurkilby : Just. Itinerant 1240; Just. 1241 ; died 1259. He is represented as being second to none of his contemporaries in his knowledge of the laws. — Foss,y;/(/i,'('j Ent;., vol. ii, p. 483. - Henry III. Thurkilby's name first appears in Midsummer, 24 Henry 111 (1240), when he was one of the four Justices Itinerant appointed to the souihciii district. » Henry III. ' Gilbert de Preston : Just, llin., 1240. His name appears last in the list of the four justices referred to in note above. Just. 1242 ; Ch. C. P. 1272 : died 1274. — Voss, yuJt,^es £njf., vol. iii, p. 140. 124 Joint lie 7'horesby. mission in the nature of a sequestration for Bootham unto Sir William Taylcboys, and Sir Robert Ros of Igmanthorpc, reciting that out of the fulness of his kingly power he had taken the same into his own hands. This Commission bears date the 14th of July, 24 Ed. III. And by that give they the boundaries of this part of the suburbs. The substance of which is that Great Bootham, with the curtilages,' postcrne, and all appurtenances (except one street which is called St. Marygate and some other small tenements) is declared to be within the jurisdiction of the city and the franchises thereof. And the street of St. Marygate and all the tenements within the same, from the round tower (then newly built) unto the river of Ouse, and the place called Alemory,- inclosed with a wall and hedge, against the north to the field of Clifton, and then against the west by one ditch to the water of Ouse, the site of the Abbey, and without the walls to the water, shall be to the Abbot, the city being excluded, of ail jurisdiction there. It shall be lawful for the Abbot to cleanse the ditch which descends from the said round tower, butting on St. Marygate, against the gate of the said city, which is called Bootham Bar, which ditch is within the suburbs of the city, for the safeguard of the walls of the city, by which the city is inclosed, against the great street of Bootham. And when there is occasion to repair the walls of the Abbey, the Abbot shall have convenicncy in the high street for the said tower and walls. The city shall not build in the place where the said ditch is, which descends from Marygate against Bootham Bar, but the Abbot may build houses there. But in such case they shall be within the jurisdiction of the city, as parcel of the suburbs of the city, but not otherwise. The Abbots nor monks shall not be arrested or attached by their persons in any part of Bootham except for felony, or trespass by commandment of the King or of his justices, stewards, or marshals of the King's house, nor their victuals, or chattels, shall be arrested nor taken in any part of Bootham by the Mayor. And the Mayor and Commonalty of their goodwill and liberality, do will and grant that if ' Curtilage, from the French " cour", court, and Saxon " leagh", locus. The word signified a yard, backside, or piece of ground lying near a dwelling-house where hemp, beans, and such like were sown. The word as used above refers to the lands adjoining the postern or gate. ^ Almry Garth. This was the name given to the meadow in which the Abbot of St. Mary's used to keep his prime cattle, or cattle bestowed upon the Abbey for charitable purposes. The word is derived from almoner. The site lies immediately behind the houses on the west side of Marygate. The Decision. 125 any cattle be attached, they shall be carried to the gate of the Abbey so as they may not perish, be lost or purloined. And because it is against reason that the tenants of the Abbot should be doubly charged with payments, both to the city, and to the Gildable, the Mayor and Commonalty is to take care that they be not charged with the Gildable to contribution. And they shall not be outrageously charged, but charged as they were wont to pay. And to be of the same condition and privilege with men of trade, in the water of Ouse, between the ditch which runneth between the Abbey and the walls of the city, and that ditch which runneth on the backside of the Alemory garth, between the meadow and the abbey, which is called The Little Inge, and the meadows of Clifton, so always as the Mayor and Commonalty have their jurisdiction as before. The Abbots nor monks shall not be arrested, nor any of their ministers, except for trespass or felony, for any cause saving for matter of bonds, deodands, chattels of fugitives, and of felons, and of other franchises real, belonging to the said Mayor and Commonalty. And that the goods, victuals, chattels, or carriages of the Abbot or monks, shall not be arrested for any manner of debts within the manors of Paynelaythe, and Seywardshow, nor shall be arrested within the street of St. Gillygate, by their goods, chattels, victuals, beasts, or carriages, which shall come, or be sent, within the said manors, except it be for debt or damages recovered against the said Abbot. And that shall be days after such judgment given, within which time, no execution shall be done. But in all other places arrests may be made by the Mayor. And saving all other privileges and franchises to the Mayor and city, in all other places. This is the substance of that agreement expressed by indenture under their hands and seals. Thomas Stubbs, in his book of Act. Pont. Ebor., fol. 1732, 1733, mentions this as a memorable act of John de Thoresby, the Archbishop, and Lord Chancellor of England, that he did most prudently settle and appease this great difference. And surely the making of peace in a neighbourhood is an honourable and blessed act ! I find in Clo.se Rolls 25 Edward III, m. 33, the King did direct a writ to the Escheator of Yorkshire in these words : — " Rex dilecto et fideli suo VVillielmo de Plompton Escaetori suo in Comitatu Eborum salutem. Quia inspecto placito pendente coram Cancellario et Thesaurario nostris ct aliis de Consilio nostro inter dilectos nobis in Christo Abbatem ct Conventum Ecclesiae Beatac Mariae Eborum ct dilectos nobis Maiorem et Ballivos Civitatis nostrae Eborum de quadam placea terrac vocata Bouthom ct libertatibus ejusdem, videtur peritis de Consilio nostro dictum placitum absque 126 Priory of St. Clement. brevi originali et alio debito processu indc habitis fuisse inchoatum, per quod cidem placilo ultcrius coram dicto Consilio nostro tencndo duximus supersedendum. Et ideo vobis mandamus quod placeam pracdictam occasione pracmissa in manum nostrum captam ct in custodia vestra cxistcntem, ut dicitur, una cum libcrtatibus, pracfatis Maiori et Ballivis sine dilatione restituatis. Tenendam prout cam tenucrunt ante captionem ejusdcm in manum nostram. Volumus cnim vos inde erga nos cxnunc exonerari. Praefato Abbati diccntes, quod versus dictos Maiorem et Ballivos ad communem legem prosequatur. Teste Rege apud Westmonasterium 13° die Februarii. "Per breve de private sigillo."' Civitas Eborum Rot. 47. That Roger Wale, and Johan his wife should recover their seisin of 3 tenements in the suburbs of York without Mickleditch of which they had been disseised by the Escheator there by virtue of an Inquisition thereof taken before. The Priory of St. Clement stood in the suburbs near Skeldergate postern, which Priory was founded by Archbishop Thurston. The charter whereof is mentioned in Alonasticon Anglicanuin, f 510., and also the charter of the Confirmation of the Dean and Chapter of St. Peter's of York, and King Henry. And King Henry, as it appears by an Inspeximus, Charta I Ed. HI, No. 44, did confirm all other grants made to this priory.^ ' "The King to his beloved and faithful William de Plompton, his Escheator in the County of York, greeting. Whereas, after inspecting a plea still proceeding before our Chancellor and Treasurer and others of our Council between our beloved in Christ the Abbot and Convent of the Church of St. Mary at York and our beloved Mayor and Bailiffs of our city of York, concerning a certain plot of and called Bootham and its liberties, it appears to the skilled ones of our Council that the said plea was begun without original writ and other due process being had thereanent, wherefore we have thought fit that the said plea should be dismissed from further proceeding before our said Council. And, therefore, we command you without delay to restore to the aforesaid Mayor and Bailiffs the aforesaid plot, which w;is taken into our hand on the aforesaid occasion, and which remains (as is said) in your custody, together with its liberties, to be held as they held it before the taking of the same into our hand. For we will that you be forthwith exonerated thereof as regards ourself Saying to the aforesaid Abbot, that he may proceed at common law against the said Mayor and Bailiffs. Witness the King at West- minster, the 13th day of February By writ of Privy Seal." ^ This nunnery was founded about 1130, not in 1145, as stated by Drake and others. Hugh, the Dean of York, who was one of the witnesses to Archbishop Thurstan's charter, died in 113S. ^ Later grants were confirmed by King John when at York, in the first year of his reign, and afterwards by King Edward III, in the first year of his reign, at York. Priory of St. Clement. 127 Roger Hoveden says that Anno Gratiae MCXCII^ Geoffrey Arch- bishop of York, did give, and grant to the Abbey of Godstowe, the Priory of St. Clement in York. But, says he, the monks' who were all so free from their first foundation, would not obey the Abbot, but appealed to the Pope for the liberty of their church.^ There was a street, as I have been informed, without the walls, either called Jewesbury,^ because the Jews were buried there, or Jewes- brough for that the Jews dwelt there. ' Roger of Hoveden (Howden, Vorks.) is said to have been bom at York. He was a secular cleric and Itinerant Justice temp. Henry II, ob. circ. 1201. His history covers the period 731 to 1201. Only a fragment can be regarded as original work, i.e., 1192-1201. The other portions are borrowed from Simeon of Durham, Henry of Huntingdon, the Chronicle of Melrose Abbey, the letters of Thomas \ Beckett, the Chronicle of Benedict of Peterborough, etc. Hoveden was first printed in Savile, Reriim Aiiglicarum Scriptores, p. 401. Extracts appear in Leland, Collee/aiiea, vol. i, pp. 123-136; vol. iii, pp. 171-212. The original MS. is probably in existence, a text contemporary with Roger being preserved, in part, in the British Museum, and the rest in the Bodleian Library. - This was a house of A'uns (Benedictines). The Abbot mentioned in this sentence is Geoffrey Plantagenet, the Archbishop. Alicia, the Prioress, visited Rome in order to present the appeal of the sisterhood to the Pope. ' As the result of their appeal to the Court of Rome, the nuns preserved the liberties of their house. The last prioress, who surrendered the nunnery to Henry VIII, was Isabella Warde. The house and site of this priory were granted, in the 33rd year of Henry VI 1 1, to Edward Skipwith. After passing through various hands the house was allowed to fall into ruins, and the stones were used for the reparation of the city walls, etc. "4th October 1745. "At the Guildhall of and in the city of York, the fourth day of October 1745. "And now Mr. Telford, on behalf of Mr. Perrott, agreed that this Corporation shall have stone of the old building of Clementhorpe for the repairing of the city walls, paying for the same, the part proposed to be taken down being in length eighty-five feet, in height nine feet." — Vide Martial Annals of the City of York, p. 221. In 1 730, during some works on the river bank, the wharf or staith of this nunnery was disclosed, and at first the masonry was mistaken for the remains of an ancient bridge. * There are two localities which perpetuate the memory of the Jews who lived and traded in this city. One of these has been variously called Jubbergate, Jewbargate, and Joubretgate, and lies to the east of Coney-street. The other site lies outside the walls between Monk Bar and Layerthorpe Bridge, and is known as Jcwbury or Jewborough. There can be little doubt that the former place indicates the locality where the Jews chiefly resided in the city. Tradition says that their synagogue was here. It is still more probable that Jewbury marks the situation of the ancient burial ground of these people. Prior to 1 177 deceased Jews were taken to London to be interred, but Henry II granted a licence for Jews to have a 128 Priory of St. Clement. There were also several streets, and many good houses without the other three gates of the city, that is to say, Monkgate, VValmgate, and Miclclegatc, but these all being of late years destroyed by fire, in time of war, there is hardly left any footsteps of them.' I shall forbear the further mention of them, and in the next place make known unto you the ancient bounds of the city. burial place outside the towns in which they dwelt. It is very likely that the Jews who were massacred in York Castle in the 6th year of Richard I were interred without the city walls at Jewbury or Jewburgh. ' At the time Sir Thomas wrote the suburbs were much reduced by the havoc wrought by the recent siege (1644). »>:d- r^fe CHAPTER IX. t^e (gounba of t^t Cii^ of ^otL HE bounds of the city are larger by much than the buildings of the suburbs of late were. These arc the ancient bounds of the city as they were agreed on in the first year of King Henry V, and afterwards in the year 1637, upon a difference then compromised between the city and the Dean and Chapter of St. Peter's at York, with the latter of which I was then acquainted.' " From the river Ouse on the north, as far as a certain bridge in the Fiitzing, called, in English, Little Ing; and so extending by a ditch and a moor against the Spittal Well, by a way near the mill of the Abbot of St. Mary's of York ; and from thence to Maudlyn Spittal, in the highway which leads from the city of York to Clyfton ; and so to the mill late of John Rocliff, but now of the heirs of Sir William Ingleby, knt., and from thence by the way to the gallows of the Abbot of St Mary's aforesaid. And there was anciently a watergate in the outgang which leads to the forest of Galtres, to a certain wood bridge there ; and so by the moor to White-Stain Cross upon Astill Briggs ; and so by the great stone as far as the river of Foss, descending all along by the river on the west side to the water mills of the aforesaid Abbot; and from thence beyond the river of Foss, over against the said mills on the south, e.xtending to a certain place where a cross of wood ' The former part of this description is an error. The " boundary" which Sir Thomas gives was taken in the 33rd year of Henry VI (1422-1461). K Tkc Bounds of the City of York. stands upon Heworth Moor, over against the way which leads to Stociat conteynet> an hundred towns, and is also in Englische y-ca!led wepentake." The word luiipentake is pecuhar to the northern counties. It is derived from A. S. waepen = arms or weapon, and tac (borrowed from the Norse) = to touch. The word is fully explained in the laws of Edward the Confessor. When a man was elected overlord of a wapentake, he was met at a set place and time by the men of the district, who in token of fealty touched his upraised spear with theirs. The whole abstract is as follows : — " De Hundredis et Wapentagiis, et quare Wapenlac vocatur. " Everwichescire, Nicholescire, Notingehamscire, Leicestrescire, Norhamtune- scire et usque ad Watlingestrete, et VIII niilliaria ultra Watlingestrete, sub lege Anglorum. Et quod alii vocant hundredum, supradicit comitatus vocant wapentagium, et hoc non sine causa : cum enim aliquis accipiebat prefecturam wapentagii, die constituto, conveniebant omnes majores contra eum in loco ubi soliti erant congregari, et, descendente eo de equo suo, omnes assurgebant contra eum, et ipse erigebat lanceam suam in altum, et omnes de lanceis suis tangebant hastam ejus, et sic confirmabant se sibi. Et de armis quia arma vocant wappa, et taccare, quod est confirmare." — Leges Regis Edwardi Confessoris XXX. Sir Thomas uniformly spells the word wapontack, a form recognized in some of the Charters. 1 The Nidd, Ouse, and Wharf. - Ter. Pasc, Rot. 32. ' See page 53 re Charters of King John. The Mayor Imprisoned. 133 of £\6o ; and because the Hundred aforesaid was not specified in the Charter of Anno Quarto, and also because that Charter was rased, Judgment was given against the Mayor and Citizens, and the Charter quashed. And this appears there also in Parvo Recordo, Rot. 8. And the Mayor was committed to prison, but shortly after bailed. In 4 Edward I, in Majori Rotulo} the Mayor and Bailiffs were summoned to answer the King, Quo Warranto they held the Wapontack of the Ainsty. And the same is also in Minori Rotulo. And it may be doubted whether they had good warrant saving for the Leet, and some other liberties till the 27th year of Henry VI, by whose Patent or Charter it was annexed to the city.'- John, the son of David of Cawood, held a messuage of the King in capite per servititDn custodicndi forestain Regis dc Ure et Derwetit. This Wapontack was formerly a forest, but was disafforested by Charters of King Richard I and of King John.'' Mr. Camden says that it is called by some the Ainsty or Ancienty, from the antiquity of it ; but others have derived it from the Dutch word anstossen, which betokcneth limits or bounds, for which conceit I see no ground, because it had the name Ainsty many years before it became the bounds or limits of this city.'' This Wapontack is not very large. The City and Ainsty have been heretofore accounted the eighth part of the West Riding, or a twentieth part of the whole county of York, but it never was really so much. Now, by the poverty of the city, it is not answerable to half that rate. The bounds of it on the north and south are the three rivers, Nidd, Ouse, and Wharf, and on the east side the river Ouse also, and on the west a dry march, in some part between it and the Wapontack of Claro. There is a little rivulet called Foss, which waters a great part of the Ainsty. It begins about Wetherby Woods, runneth through Walton Park, Wighill Park, Helagh Park, by Catherton, over Tadcaster Moor, by Steeton, Paddockthorp, and into the wharf at Bolton Percy. ' Tcr. Pasc, Rot. 5. - J)e annex. Hundred, de Ainsty, Com. civ. Ebor., Pat. 27, Henry V'l, p. i, ni. 14. ' For the first of these grants the inhabitants paid /19 o.f. \\d., and for the second the sum of 120 marks and 3 palfreys : Mag. Rot., 5 Rich. I, Rot. 5 c iilr(H (Skk Ai'I'Eni>i\, Ni>. 151. IlKAI.ALT.ll I'RIORV: NOW PARI OK IIIK Ol'llll'lI.IUMIs 01 A lARM (>KK I'. I43). Opfi. A i.;6. Bolton Percy. 137 (8) Brocket Hall.* This was anciently the seat of the Brockets in this county. (9) Bolton Percy alias Bodelton. " Robert Percy to Roger, Archbishop of York : Be it known unto you that Picot Percy my father, a long time before the death of King Henry the Elder,- granted in perpetual alms the Church of Bolton to the Canons of St. Oswald of Nostell."* But the Archbishop of York had it.* The Church was built by one Thomas Parker, the Rector, as appears by his epitaph in the Church.'"* King Edward the first granted licence to Robert Percy to embattle his mansion house of Bolton (Pat. 21 Edw. I)." In the Book of Domesday the land of William Percy (is said to be) in the West Riding, in the Wapontack of the Ainsty. Amongst other things it is said that he had a wood there a mile long and half-a-mile broad. A great part of it was afterwards given by the Lord Percy towards the building of the Cathedral Church of York.7 This was some time the Lord Beaumont's, where they dwelt and had a manor house by the Church. Their arms are in divers places of the Church. This was a seat formerly of Percy. Here is one of the fairest country churches,** which I have seen in these parts, whereof the ' Part of the parish of Jiolton Percy. - Henry I (1100-1135). ' Nostell Monastery, dedicated to St. Oswald, king and martyr, was begun by Ilbert de Lacy, temp. Will. Ruji, and finished by his son, Robert de Lacy, temp. Hen. I. The monks were Canons Regular of the Order of St. Augustine. * The patronage was transferred to the Archbishop by the Prior in 11 50. ^ Thomas Parker, ob. circ. 1423. The epitaph was on the south side of the altar. • Mem. 17 ; (2uod Robt. de Percy possit kerncllare inaiisa sua de Sutton et Boulton in com. Ebor. ' The Percys were munificent benefactors of the Minster of York. The Fabric Rolls show that they both sold and gave timber for use in its construction. See the chapter entitled, "The Cathedral Church or Minster of York." y ' This Church was built about 1420. The heads of five of the i5th-centur windows, and other portions of two of them, are to be seen in the collection of stained glass in the Y. P. S. Museum. The heads are specimens of fine canopy work. The other parts represent heraldic quarterings, which are so injured and confused that it is impossible to make them out. One of them is the coat of Cholmelev. T3S Col ton. famous preacher, Mr. Riinny^ was one parson. Within it is the tomb of Ferdinando Lord Fairfax. - (10) COLTON. In the 20th year of Edward I.Garo Chaumont was seised of the manor of Colton, ami it has sometimes been called Colton Chaumont. In the 10th year of Richard II (10 Richard II in Plac. cor. Reg. Rot. 81) it was found before the Escheator that Sir John Savoy, 48 Edward III, died seised of three acres of land in Colton and that his daughters, " Margaret and Joan, are his heirs. Margaret was married to William Mowbray, and Joan is a nun." In the 22nd year of King Henry VII, Henry Ouijhtred of Kexby, Esquire, in consideration of the right good counsel to him given by William Fairfax, Esq., Serjeant-at-Law, did, for the pleasure of the said William, grant to him, and his heirs, free liberty and licence to hunt and hawk in the manor and town of Colton in the shire of the City of York, with licence to fish and fowl there, rendering one red rose at midsummer only. (This grant is) dated at York, Sept. 2nd, in the 22nd year of King Henry VII. (11) Steeton Hall'* alias StivetoN. It was in the hands of ' Edmund Bunny, b. 1540 at Chalfont St. Giles, Ducks; d. Feb. 1618-19 at Cawood. His father (Richard Runny of Newton Hall, Wakefield) desired that he should follow the profession of the law. Edmund preferred to enter the Church, and for carrying out this determination, he was disinherited. In 1570 he became Chaplain to Grindal, Archbishop of York, who made him sub-dean (Wilhs, Survey of Cathedrals, vol. i, p. 89), and also rector of Bolton Percy {Ibid., p. 180). He was an indefatigable preacher, and devoted much of his later life to the work of an itinerant evangelist. He is well known as a theological writer of the Calvinistic school. There is a monument to his memory in York Minster. ^ The MS. continues "with this epitaph", but the inscription is not supplied. In the margin is this note, " Gett the epitaph in Bolton Church". One of the happiest hours I ever spent in Yorkshire was that occupied by viewing this profoundly interesting Church. The epitaph runs as follows : — " M.S. Amplissimi desideratissimiq Ferdinand! dfii Fairfax baron de Cameron, qvem in Britannicae virtutis & fidei theatrv ager Eboracensis edidit. Maiorvm splendore clarum curatorem pacis studiosissimum irarum (si quas peperit vicinia) sequestrv aequi boniq tenacissimum. Quippe summa donii forisq auctoritate pariq apud omnes ordines gratia publicae quietis amans sed belle insuperabilis dextra gladium sinistra statera tenens utrivsq lavdis tropaea retulit ; Religionis cultor Literarum patronus Humanitatis repumicator. Nobilissimae prolis numero et pietate felix qua virum Maria Edmondi com. Mulgrav. filia novies beavit. Quid igitur novi ? si (quos singularis amor tamdiv tamq multiplici pignore sociavit) mors ipsa non dirimat. 11 ^1 ■■. f Aetatis suae 64. ' Obut anno \ , „ See Appendix, No. 7. I Salutis humanae 1647." * This place, like Brocket Hall, was part of the parish of Bolton Percy. Steeton Hall. I'^Q Osberne de Archis in William the Conqueror's time (in the Book of Domesday). Sir John Chaumont, Knight, was owner of the greatest part of the lands thereof in the 48th year of Edward III (1375), and had issue two daughters and heirs, Margaret married to William Mowbray, and Joan who was a nun. Yet, I find that in the 52nd year of Henry III (1268), Sir Richard Stiveton was owner thereof, and in the 37th year of Edward III the King granted free warren to Richard Stiveton in all his demesne lands of Stiveton and Skelthorp. In the 18th year of Edward the third. Sir John Depeden, Knight, estates 150 marks, per annum, upon William Mowbray, son and heir of Sir John Mowbray, Knight, and Margaret the daughter of the said Sir John Depeden, and the heirs begotten on the body of the said Margaret of the manors of Colton, Stevington, etc. In the 7th year of Edward IV, Elizabeth, daughter of John Thwaytes, was married to Edward Brocket, with whom he had half of Steeton entailed upon him. This Steeton is now the seat of William Fairfax, Esquire, the son and heir of Sir William Fairfax. It was heretofore the dwelling house of Sir Guy Fairfax, Knight,* one of the Judges of the King's Bench in the time of Edward IV and Henry VII, and it doth yet remain in a younger branch of his posterit\-. (12) HoRNlNf.TON. The manor of Hornington, according to Pat. 32 Edward I, m. 5, No. 38, belonged to Sir William Ryther, Knight, and he had free-warren- there by the grant of King Edward I. It was afterwards the land of Henry Topham, Esquire, a Reader of Gray's Inn,^ and very famous in his time for wit and learning. (13) OxTON, or HOXTON. The greater part hereof belonged to the Abbot and monks of Sawley.* (14) PaddoCKTHORP. This belonged to Gilbert Umfraville, Earl of Angus. » See p. 87. ■■^ A pLire privileged by prescription, or grant of the King, for the keeping of beasts and fowls of the warren. Free-warren cannot be parcel of a manor, though it be held with the manor. This franchise is almost fallen into disregard since the new statutes for preserving game. 'Admitted, 1581; Ancient, 1598; Lent Reader, 1609.— Douthwait, Grays Inn, p. 64. •• A Cistercian establishment founded about the middle of the 12th century by William de Percy, a short distance from Clitheroe. The last Abbot was hung at Lancaster for taking part in the rebellion, known as the Pilgrimage of Grace, in 1537. The ruins of this house, though meagre, are very interesting. 140 Wolsington. (is) Wolsington, alias Wolston, alias Ouston^ alias Weston. In the time of Edward III Sir Bernard Brocas, Knight, was owner of the manor of Wolsington, near Tadcaster. This I think he had by the marriage of the daughter and heir of Sir Mauger Vavasour, for Sir Mauger Vavasour was owner thereof by the grant of Robert Aiou, who by the deed of purchase held it by an annual rent to the King of twelve pence, called Alba-Firvia or Blanch-Fating and to appear at the Wapontack, held at the Ainsty Cross. In the extent of the lands of Mauger Vavasour, who married Agnes the daughter and heir of Walter Denton, it is found (Esch. 4 Edward I, No. 24) that he had the manor of Denton, and also that he had land at Wolsington, " which is worth by the year 5 marks, 7 shilling.s, and 4 pence", and he held it of Philip Kyme by the fourth part of a Knight's fee. This Mauger Vavasour had issue, Agnes, who was his only daughter and heir, who was married to Sir Bernard Brocas,^ but afterwards divorced (Close Rolls, 34 Edw. Ill, m. 31).* This land of Ouston was afterwards given to the monks of Sawley, in 30 Henry II, by William Vavasour, which he saith by that deed, he bought of Malger his son, and Agnes his wife, the daughter of Walter de Denton. And he also granted unto them " to have all necessaries in his stone quarry of Heselwood for the health of the souls of himself, and his wife, and his illustrious King, Henry II, and his heirs, and of all his lords and advocates". There are witnesses to this deed : — Geoffrey, Abbot of Newminster ; Nicholas, Dean of Tadcaster ; Richard Vavasour ; Walter Percy ; William, the son of Robert Belasis ; and many others. The copy of this was shown unto me by Sir Walter Vavasour of Heselwood, Baronet, written in a little Coucher Book of his evidences. (16) Tadcaster. That part of Tadcaster which stands upon the north side of the River of Wharf is within the bounds of the Ainsty. The other part, which is most of the town, where the Church stands, and where the castle was (there being nothing left but the round hill on which it stood), stands on the .south side of this river. > This vill is represented to-day by a farm in the township of Oxton, in the parish of Tadcaster. 2 White-farm signifies a yearly rent or tribute rendered in silver, and not in cattle, etc. The term appears in Coke : — " Duplex tenura in com. Westmoreland, scilicet, una per albam firmam et alia per cornagium." 2 Inst. 10. ' See Froissart, Chronicle (ed. 1523), vol. ii, cap. CCXLll. ♦ I find an error in entering this item in the Calendar (manuscript) of the CI. Rot., Edw. III. Tadcaster. 1 4 1 I find amongst the Records in the Exchequer remaining with the Chamberlains, Tadcaster written several ways : — In Richard I's time, Tadcastr ; in the time of Edward I, Tatecastr and Tattecastr ; in the time of Richard II, Tadcastre and Tadecastr; in the time of Henry IV, Tadcastre ; in the Book of Domesday, Tatecastre ; in the time of Henry V, Tadcastre and Tadcastr ; in the time of Henry VI, Tadcaster. It is part of the possessions of the most noble Earl of Northumber- land, of which his ancestor the Lord Percy was owner in the time of the first William, commonly called the Conqueror. In the Rook of Domesday, under the title " Eurvicscire", it is said thus':— "XIII Terra Willklmi de Perci Jg In Tatecastre . habuer Dnstan -5 Turchil . viii . carucatas trae ad gtd . ubi posi . 5? . Illl . car . Nc . ht Witts de pci . ibi . ill . car . -) XIX . uitt . -) XI . borct . hntes nil . car . ^ II . mold . X . sol . -] I . piscar . V . solidox . Ibi XVI . ac pti . Tot CD . v . qrent Ig . ■] V . lat . T. R. E. ual . XL . sol . m . c . sol." Henry Lord Percy, by his deed, dated at York, 20th May, in the 28th year of Edward III did for the good affection his ancestry had borne to St. Peter, the Patron of the Church at York, and toward the Church itself, grant to the Archbishop, Dean and Chapter, Canons, Vicars, and other ministers of the Church, for them, and their servants, that they should pay nothing for their carriages as well near the causey,'' as on the causey of Tadcaster, but should be free from all chj-minage, pedage, custom, and payment. ' Fol. 321* (Ed. 17S3— 1816). " II Manors. In Tadcaster Dunstan and Turchil had eight carucates of land to be taxed, where there may be four ploughs. William de Perci has now there three ploughs, and nineteen villains, and eleven bordars having four ploughs, and two mills of ten shillings, and one fishery of five shillings. There are sixteen acres of meadow. The whole manors five quarcntens long and five broad. Value in King Edward's time forty shillings, now one hundred shillings." ' The appearance of a most interesting word. Causey is now written and pronounced causeway. Etymologically the old form is the correct one (F. Chaussie). The word is printed causey in Froissart's Chronicle (trans, by Bemers), published in 1523; Lambarde's Perambulation, published 1596; the first edition of the authorised versions of the English Bible, published 161 1, etc. The following excerpts are interesting and conclusive : — " This word by a false notion of its etymology has been lately written causeway". — Johnson. " Dryden and Pope write it causeway, and these authorities appear to have fixed its pronunciation." — Walker. " Causey is etymologically correct, but the other form prevails." — Smart. " Causey is spoken causeway from a mistaken notion of its etymology." — Nares. 1 4 2 Tadcaster. Dr. Eadcs, afterwards Dean of Worcester, a great admirer and lover of Toby Mathew,' a famous Archbishop of Yorl<, upon his removal from Christ Church, in Oxford, to Durham, intending to go but one day's journey with him, but being betrayed by the sweetness of his company, he not only brought him to Durham, but for their pleasant pennance wrote their journej- in Latin verse.- Of Tadcaster he writ the following verses, which are better known than the occasion of Dr. Eade's journey : — " Nil Tadcaster habet musis vel carmine dignum Praeter magnifice structum sine flumine pontem."' But in his return toward winter, he was convinced of the water as well as of the bridge. " Quae Tadcaster crat sine flumine pulvere plena, Nunc habet immensum fluvium, et pro pulvere lutum."* But John Leland, in his Cygnea Cantio-' written also in Latin, calls Tadcaster " vicunt celeb er rimuni' ^ wherein I doubt the swan was as much mistaken in his song of the town, as the itinerant poet was in the water. Yet that I may do all the right I can to the town as also to the witty historian, John Leland, give me leave (and I hope the digression will be pardoned) to look a little into the grounds of his assertion. Peradventure it may be from the great plenty of lime stone near it. From this some think that this is the town which Antonine calls Calcaria, deriving it from calx, which is chalk or lime, as Mr. Camden ' Tobias Matthew was appointed Archbishop, April i8th, 1606. He was born in 1546, and died 162S. For particulars of the life of this remarkable man, see Camden, Britannia; Fuller, Church History j Godwin, De Praesulibus Angliae; Granger, Biographical History ; Le Neve, Lives of the Bishops since the Reforma- tion ; Thoresby, Vicaria Leodicnsis ; Wilson, History of the Merchant Taylors' School; Wood, Athenae Oxon.; also the Calendars of State Papers, and the Registers of the Univ. of Oxford (Boase and Clark). His portrait is at Christ Church, O.Nford. - Sir John Harrington in his Supplement of Bishops. — T. W. Sir Thomas quotes no page, but, doubtless, refers to p. 197. Harrington says Dr. Eades gave him a copy of the verses. For a description of this Supplement see p. 145, note 2 in the present volume. ^ " The Muse in Tadcaster can find no theme But a most noble bridge without a stream." ' " The verse before on Tadcaster was just. But now great floods we see, and dirt for dust." ° John Leland, Com. in Cyg. Cant., fol. 15. — T. W. ' " A most famous hamlet" (Accus. case). Healaugk Priory. m3 observes.! And Bcde calls it Calacester. The Romans called the burners of lime Calcarienses. Or the fame of this place might arise from what Bede notes that the first woman, who in this tract of the country put on the religious habit of a nun, retired herself to this place. Give me leave to add that which hath for many years made it the more memorable which is the greatness of the owners, the Lords Percy, who have been owners of it ever since the beginning of William the First, and who, since the first year of Henry II, have been Earls of Northumberland. Whatever the grounds be, I am willing to subscribe to learned John Leland that it is victis celeberrimus, adding that as one part of it now stands united to York, it is the very outpost and gate of the city of York. But I am on the south side of the river of Wharf and without my bounds. I now retreat, and as I am going over the bridge it puts me in mind of a suit which was, in the 23rd year of King Edward III, against the collectors of the pontage at Tadcaster, for not expending the moneys thus raised upon the repairs of the bridge. (Placita coram Domino Rcge apud Eborum de Termiiio Hilarii A" regni Regis Edwardi post Conquestum 23, remaining with the Chamberlains of the Exchequer.) (17) Hel.^gh Priory. Leland says that "from Tadcaster to Helagh Priory is about 2 milei by inclosed ground. One Geoffrey Haget,'- a nobleman, was first founder of it.^ In this Priory were buried some of the Depedales and Staplctons, gentlemen, of whom one, Sir Brian Staplcton, a valiant knight, is much spoken of Geoffrey Haget was owner of the Helagh lordship, and, besides, a great owner in the Ainsty." "From Helagh Priory", says the same Leland, "scant a mile to Helagh village" he saw " great ruins of an ancient manor place of stone, that belonged, with the fair wooded park thereby, to the Earl of Northumberland." He says it was, as far as he could perceive, .some time the Haget's land. Thus far John Leland. Stephen de VValeys, and Alice la Vavasour, " parceners of the manor oi Helaw, within their park oi Helaw, which is closed and hath three gates, claim'' these liberties. " I. That they may shut these gates, and have a porter at each ' Camden, Britannia, p. 69.— T. \V. ' Ex Itiiurario Johannis I^landi, etc., fol. 48. — T. W. ' This is an error. Vide Mon. Ang., vol. il, p. 2S7. The founder was Benram Haget. Sir Thomas names Bertram Haget later. * Inter clamia in Com. F.horum per manum Willielmi de Rarncby jjencralis .Xtlornali Regis libcrnta. — T. W. 1 44 Rilbrough. gate, and keep them shut every night until the morning, and that no Bailift" of the King shall enter within those gates to make any summons, attachment, or distress, or to do anything there, but in the presence of the Bailiffs of the said Stephen and Alice. "2. If any malefactor shall do any trespass within the said park, so that hue and cry is levied, Stephen and Alice and their men are not bound to follow it further than the gates of the park : And that no thief, or the head of a thief, shall go or be carried further than to the gate of the park, but shall be returned by the King's street. " 3. — They claim free warren." This priory of Helagh Park I have read was founded by Bertram Haget and Geoffrey Haget his son, and confirmed by Walter then Archbishop of York. This Helagh is a seat of Philip Lord Wharton, and hath been a seat of his ancestors, as I have heard, almost ever since the dissolution of the monasteries. (18) BiLBROUGH or BlLHROUGH-UPON-THE-HII.I, stands upon the greatest rising of ground, or hill, in this whole tract of ground. The hill is very inconsiderable, yet a small plump of trees, standing upon it, appear as soon to the view as any part of Yorkshire, and may be seen at 40 miles distance. It was the birthplace of the noble Sir Thomas Fairfax, Knight, the first Lord Fairfax of the family of Denton,^ whose name I cannot mention without due reverence and honour. The house was afterwards pulled down, upon an unhappy contention between two brothers of that family, and which indeed was begun before his birth. That contention was afterwards happily reconciled, but the house is not re-edified. Diruit, aedificat- — run smoothly one after the other, in the poet's verse, but the latter is a work more difficult than the former. (19) WiGHILL, alias WlKELL, alias WiCHALE. Wighill was anciently the lands of Geoffrey Haget, who had four sisters, and one of them, viz., Lucia, was married to Peter Turet, with whom he had Wighill and Esedyke. Nicholas Stapleton was owner of it in the 17th year of Edward III, and had issue Sir Miles Stapleton.-' It appears by the Fines of 49 and 50 Edward III that Sir Bryan Stapleton and Alice his wife were owners of it. ' Father of Lord Ferdinando Fairfax, the Parliamentary General. • " He destroys, he builds." ' Made Knight of the Garter at the first institution of the Order. Wif^hill. 1 45 It had f(jrmcrly been the lands of Sir John Klaminynster, Knight.' V\'ij:jhili is now the scat of Sir Miles Stapleton, Knight, of the worthy family of Stapleton. There have been many worthy knights of this family. I have heard that two of them have been Knights of the Garter, the last Sir Robert Stapleton, who lived in the beginning of King James' time, and not inferior, as I have heard, to any of his ancestors. I will only tell you what Sir John Harrington writes in his book to Prince Henry- of him. His words are these: — "Sir Robert Staple- ton, a Knight of Yorkshire, whom Your Highness hath often seen, was a man well spoken, properly versed in languages, a comely and goodly personage, and hath scant an equal, and except Sir Philip Sydney no superior in England."'' (20) Thorp Arch. This was anciently the land of Archis or Arcis,* and afterwards part of the lands of John Depeden. In the Rolls of I-"ines, 7 Edward III, it appears that Thomas Fairfax had ^5 rent in Thorp-Arch. And this appears also by a deed made bj' Richard Fairfax, Esq., owner of Walton in the 8th year of King Henry VI, whereby he settles Walton, and this Thorp ' .\nnn 9 Edward II, Rand, de I5leininstrc was Lord of Wychale, Esdykc and Hamlakc. - ilarington was eiUiii'^tcd by James I with some part in the education of Prince Henry. " |}y way of instructing the young Prince in his future duties, and counteracting the influence of the Puritans on his mind, Harington recommended to him the work of liishop Godwin, De Praesulibus Angliae, which had been pubhshed in 1601 ; and, to make it more interesting, he appended to it some remarks of his own upon the characters of the EHzabethan bishops. This docu- ment is full of gossip, and contains many good stories, and much shrewd observation. It was written for the private use of the Prince, but was published by a grandson of Harington, John Chetwind, in the interests of the Puritans in 1653." — Diet. Nat. liiog. The full title of this book (which has been quoted on p. 1 10, and p. 142), is this : — " A brief view of the state of the Church of England, as it stood in Queen Elizabeth's and King James his reigne, to the yeere 1608. Being a character and history of the Bishops of those times. And may sene as an Additional Supply, to Doctor Goodwin's Catalogue of liishops. "Written for the private use of Prince Henry, upon the occasion of that proverb — " Henry the ciKhlh pull'd down Monks and their Cells. " Henry the ninth should pull down Bishops and their Bells." (Pub. 1653.) ^ A Brief Review, p. 174. * A family that came in with the Conqueror, and held much land in these parts. L 146 Thorp Arch. Arch, and all his other lands upon himself, his brothers, and uncles by name. There was a Park there, but by the following verses, made by some who came from York to hunt in it, it appears there was no great store of game : — " Hinc parvum siltum petimus, Thorpe nomine dicunt. Longum itet, ct friistra fattuin, nam fallimus illic Spemque dienique simul, rara est aut nulla voluptas, Non puto tarn damis quam dumis esse repletum."' The Sacrist of the Chapel of St. Mary and of the Holy Angels,'- in York, did present to the vicarage of Thorp-Arch, in the 4th year of Melton, Archbishop of York. Walton was a member of Thorp-Arch. There were five knights' fees belonging to the manor of Thorp Arch, which John Belew held in right of Laderana his wife (Escheat. 7 Fldw. I, No. 32). This Thorp- Arch is sometimes called Ivetthorp, and so called, as I have heard, from Ivetta, the mother of the first Peter Brus, who gave some lands in this place to the nuns of Monkton, with the wood as it is inclosed between the aforesaid Thorp and the town of Werby — now called Wetherby. Upon a controversy between the Prior of St. Oswold at Nostell, and the nobleman Peter Brus, for the 20th part of his bread or corn of his manor of Thorp, it was compounded thus by Henry, Dean of York, and Jo. Roman Canon of York, b)' virtue of a precept, dated at Sawley, the 3rd year of King John, made unto them by Pandulph, Bishop-elect of Norwich, Chamberlain of the Pope, and Legate of the See Apostolique, upon a complaint made to him by the said Prior, that Peter Brus should grant ten skeps of corn, viz., three skeps of wheat, three of oats, and four of mastyn and barley, for the main- tenance of one canon at Scokirk, for ever, to be received out of Thorp dc Arches ; And the Prior was for ever to find a canon priest to say Divine service ; And means are there prescribed how the one party and the other should be perpetually tied to performance. This was done by an instrument, to which were affixed the seal of the Dean > " Hence we take our way to a small forest called Thorp — a long journey and to no purpose. For there, both our hope and our day are lost. We have little or no pleasure. It is fuller of bushes than bucks." (Drake.) ' .A. Chapel in York Minster. That the Sacrist of this Chapel was Patron of this living is explained by Torre. He says (339) that the Church of Thorp-Arch was given by Adam de Brus, and Ivetta de Archis his wife, to the Chapel of St. Mary ;ind Holy Angels then founded by Archbishop Roger. Walton. 147 and Chapter of York, the seal of the above said Judges, and of the Prior and Convent, and of Peter Briis. Through this tract of ground, as J. Lcland observes, in Henry VIII's time, gocth Watling Street, that leadclh to Carlisle. It crosseth over the wharf at a place called St. Helen's Ford, one mile and a half above Tadcaster. On the other bank was St. Helen's Chapel. I am informed that there are no remains of that Chapel at this day, but there is a spring there called St. Helen's Well, to which there is some resort of people as to a holy place. (21) VV.\LTON ijiias FIast Walton. It was held of the manor of Wakefield. Walton hath been the seat of the family of Fairfax for a long time. William Fairfax^ of Walton. Peter de Brus granted to William Fairfax, and his heirs, nine oxgangs of land, and one acre and three perches of land with tofts and crofts, in Walton of the Fee of Mowbray, and four tofts and four crofts in the same town. This deed is without date. Henry dc Sexdecim Vallibus,- and thirty-six others are witnes.ses. Thomas Fairfax, son of William ; m. Anne, daughter and heir of Henry de Sexdecim Vallibus, or Se.ZLi.'aux. Peter de Brus, nephew and heir of William, sometime Baron of Lancaster, granted and confirmed to Thomas Fairfax, all the land in Walton, with the wood, etc., which the father of Peter de Brus gave to William Fairfax, father of the said Thomas. This deed also is without date. William Fairfax, son and heir of Thomas. Anne, daughter and heir of Henry dc Sexdecim Vallibus (commonly Sc/.evaux), after the death of Thomas Fairfax, her husband, married John de Camera. In her second widowhood, 12th year of Edward I, she released to William Fairfa.x her son, all her right in four marks and a half of yearly rent in York, which he " hath of the gift of the foresaid John and Anne in the Ides of April 1282, 10 Edward I, which descended to me, Anne, of the inheritance of Henry Sezevaux, my father". This deed is dated at York, on St. .Andrew the .\postle's Day, in the 12th year of King Edward I.^ fohn, the son of William. Thomas, son of John. ' Vide Thoresby, Ducatus Leodiensis, p. 67 ; Nichols, Herald and Genealogist, vol. vi, p. 385 (based on Analecta Fairfaxiand) ; Ibid., vol. tII, p. 145 (corrections by Skaife). ' He was Mayor of York temp. Henry III, and the son of William Fairfax married his daughter. See the note on Thomas Fairfax. ' .See p. 81. L 2 148 Wallon. IVilliavi, son of Thomas. Thomas, son of William ; m. Elizabeth Elton. B}' this marriage Fairfax, though long after, came into the possession of Gilling Castle, in Rydale, which is yet enjoyed by the family. Thomas Fairfax (sec below), in the 7th year of Henry VII, exhibited a Petition of Right to the King in Parliament, for the manor of Gilling with the appurtenances thereof, in the County of York, and for three tofts and three oxgangs of land in Everton in the same county. Whereupon the King issued out a commission under the Great Seal to Edmund Thwaytes, Robert Constable, and some other gentlemen, to enquire of the right of the petition by the oaths of Sir William Mallory, Knight, Sir John Waterton, Knight, Thomas Crathorne, Richard Aclum, James Rosse, Robert Lassells, Robert Stokes, Richard Gower, Sneth Snawfell, John Inglethorp, Robert Gower, and John Lancring, Esejuircs, who said upon their oath that Robert Foxley and others, being seised in fee of the said Manor and premises, did by deed let the same to Thomas Etton and Elizabeth his wife, for the term of their lives, and that after their death the same should remain to Thomas Etton, the son of the said Thomas and Elizabeth, and to the heirs male of his body ; and for want of such heirs male then to remain to the heirs, males or females, of the body of the said Thomas, the father ; and if they die without such heirs, then the same to remain to Thomas Fairfax and Elizabeth his wife for the term of their lives, and after their decease to remain to William, son of the said Thomas Fairfax, and of Elizabeth his wife. They find a seisin accordingly. The father and mother died seised ; And Thomas Etton the son became seised entail, and died seised, and the same descended to Alexander Etton, as cosen and heir of Thomas the .son, to wit, as to the son of John the son of the said Thomas ; And he being seised, enfeoffed' Sir Tho. Nevill, Knight. By his death the same descended to Humphrey Nevill his son who was seised until he was attained of treason, by Act of Parliament, in the ist year of King Edward IV, and all his possessions thereby given to the King, saving the rights of other persons. It was found by Office before the Escheator that he was seised in fee of this manor and premises at the time of treason, and attainder, and that from that time, one Sir Edward Hastings, ' Feoffment is from the Gothic v:o\(\ feuduin. It signifies, in our common law, any gift, or grant of any honours, castles, manors, messuages, lands, or other corporeal and other immovable things, of like nature, unto another in fee-simple, that is, to him and his heirs for ever, by the delivery of seisin, and the possession of the thing given, whether the gift be made by deed or writing. Walton. 149 Knight, had taken the profits till the first year of Henry VII, and that since that time, one Sir Charles Somerset, Knight, had taken the profits, but by what right they know not ; And that by that Act ol Parliament, the same manor and premises came to the King, and yet is in his hands. But the right remained, by virtue of the gift aforesaid, to Thomas Fairfax, the petitioner, as cosen and heir male of the aforesaid William, son of the aforesaid Thomas and Elizabeth his wife, to wit, son of William, son of Richard, son of Thomas, son of the said William, son of the said Thomas and Elizabeth.* And that the said Thomas and Elizabeth Etton his wife are dead, without sons or daughters begotten by the body of the said Thomas ; And there is not any son or heir male of any son, nor any daughter of the said Thomas Etton now alive ; And that Thomas their son is dead without heir male of his body, and that Thomas Fairfa.x and Elizabeth his wife are dead. The manor of Gilling is still in possession of Charles Fairfax, Lord Viscount Emelay, the heir male of this family. William, son of Thomas ; m. Constance, daughter of Peter Mauley or de Mala, the seventh Baron of that name. Thomas, the son of William. Ricluxrd, son of Thomas? ' Six descents in the right line of Fairfax are here proved : — Thomas Fairfax m. Elizabeth Elton ; William, son of Thomas, m. Constance Mauley ; Thomas, son of William ; Richard, son of Thomas ; William, son of Richard ; Thomas, the oetitioner, son of William. — T. W. - Widdrington now states that Richard had three sons (p. 1 50). Drake's arrangement of the pedigree at this point is thus : — Richard Fairfax. William. Guy : one of the Justices of the Kings I I Bench, temp. Edw. IV. I I I ~l Thomas, Knight Sir Nicholas Fair- Guy. William, of the Bath, fax. Knight of | 10 Hen. VI!. Rhodes. Thomas. Thomas (Lord Fairfax of Cameron). Widdrington and Drake agree in making William (the ancestor of Viscounts Emelay) and Guy (the ancestor of Barons Cameron) sons of Richard. But Drake makes .Sir Nicholas the son of William and the nephew of this said Guy, and not their brother. In this Drake is incorrect. Drake is certainly wrong again in making the first Baron Fairfax of Cameron to be descended from Guy Fairfax in the third, instead of the fourth, degree. He omits William the son of William, concerning whose marriage there is one of the most romantic traditions in the whole extent of Yorkshire family life. See p. 1^7, note 1. I50 Walton. son of Williaw, Richard. Thotnas, son of Williatn, Plaintiff (in the above case). After- wards Knight of the Bath, lo Henry VII. Sir A^icliolas Fairfax, Knight of Rhodes. A special ornament of this family was Sir Nicholas Fairfax of BuUingbrook ! He served the Venetians, and in their war against the Turks, and by several recom- mendations from them was made Knight of Rhodes, which isle he twice relieved, being sent out for provisions in the time of the siege, which Solyman the Magnificent had laid against it, (it be- ing afterwards taken by him). There, I sup- pose. Sir Nicholas died in the defence thereof There are divers French authors in print who give an honorable testimony of this Sir Nicholas. lacomo Bosio, in his Italian history of St. John of Jerusalem,* says that Sir Guy Fairfax, Knt., Justice of the King's Bench, in the several times of 4 Kings, viz., Mdward IV, Edward V, Richard 1 1 1. Henry VII.' William Fairfax, Justice of the Com- mon Bench in the time of Henry VIII.- William Fairfax, Knight. Thomas Fairfax, of Denton, Knight. Thomas Fairfax, Knight, (and after- wards) Lord Fair- fax.' ' See also p. 86. He was the third son of Richard, and Nicholas the fifth. '- See p. 88. ^ Created Baron Fairfax of Cameron in 1627. He was the father of Ferdinando Lord Fairfax, the distinguished Parliamentary General. * Bosio (Giacomo), DelP Istoria della sacra religione et ill. ma militia di San Giovanni Gierosolimitano, pub. in three parts, 1594- 1602. The following is a translation of the whole sentence : " Then the Grand Master, seeing the perilous e.xtremity in which the city of Rhodes found itself, sent, in the night following the aforesaid day, the knight Friar Nicholas Fairfax, an English- man, very clever and prudent, with a brigantine to Candia, to see whether he could secretly enlist, and bring back to Rhodes, any number of soldiers to succour and defend that city ; and also to arrange that a barque and a galleon freighted with provisions and ammunition, which some days before had been retained by the Duke of Candia, should, by the aid of that regiment, proceed to Rhodes." Walton. T 5 1 Nicholas Fairfax was sent out of Rhodes, when it was in great distress, to Candia for rch'eving men and provisions, which he so well performed that the town held out for some time longer. He gives him also this character in his own language, "... Caualiero Fra Nicholo Farfan Inglese, Huomo multo spiritoso, e prudente "' Thomas, the son of Thouias. He died in the 12th j'ear of Henry VIII. Nicholas Fairfax. Thrice he was High Sheriff. Died in the 13th year of Queen Elizabeth. William Fairfax. He was High Sheriff, in the 30th j-car of Oiieen Elizabeth. Thomas, Viscount Emelay'r He was Sheriff in the 3rd )'ear of Charles I, and died in 1636. Thomas, Viscount Emelay. Died in 164 1. William, Viscount Emelay. Died in 164S. Charles, Viscount Emelay? He is the present Viscount, j I. William h'airfax died before his father.^ ( 2. The Viscount died 1651.^ (22) EsEDVKE.* Here were four sisters of Sir Geoffrey Haget and one of them, viz., Luce, was married to the father of Bartholomew, Turet, with whom he had Wighill and Esedyke. (23) WiVF.M.STHOKl'.''' This was anciently the lands of de Wivels- thorpe in the time of King John, but in the time of luluard I, I find, according to Esch. 34 Edward I, \o. 12, that Robert Pontcfract was owner of this manor. From the Clo.se Rolls, 40 Henry III, m. 15, in dorso, it appears that the King gave respite to Robert Wivelsthorp not to be made a Knight from Easter, next to come, till a year ; and ' Parte Secunda, fol. 578. * The title was Viscount Fairfa.x, of Emelay, co. Tipperary. Me was so created in 1639. ' He was the second son of Thomas, the second Viscount. The title became extinct in 1772. * These remarks refer to the sons of William. He had two sons, Thomas (the fourth Viscount) and William. William died shortly before his father, and the infant Viscount shortly after. These facts explain the lucession of Charles, their uncle. ' Part of Wighill, and should appear under that heading. * This township is in the parish of Kirk Hammerton, and was for many centuries the scat of the family W'iuclslrctp. The .1/5, which forms the te.\t of the greater portion of Kirkbys Inquest formerly belonged to a distinguished member of this family— Sir Miles Wilstrop, the King's Escheator in Yorkshire, 1470-1. — Vide Kirkbys hiq., p. 27, note k. 1 5 2 Bilton. it was commanded to the Sherifi" that he should not distrain him in the interim. This Wilstrop was lately the seat of Sir Oswold Wilstrop, which was an ancient familj- in this part. (24) BlLTON. This was heretofore the land of the Waleys. I find in the 7th year of Edward I, in the Roll Quo Warranto, Rot. 26, in dorso, that John Vavasour did hold, in the name of Alice his wife, together with one Stephen Waleys his partner, the manors of Helagh, Thorpe, and Bilton, in which they claimed to have free- warrcn.' This Bilton came afterwards to Snawfell by the marriage, as I ha\e heard, of Alice, the daughter and heir of William Davill,- Lord of Bilton. And Hugh Snawfell is now owner thereof (25) HOLTON, alias HUTTON, alias HUTTON Wandsley. In the 35th year of his reign King Edward I did grant to Wandsley, for his good service done in Scotland, a market at his manor of Wandsley in the County of York on Wednesday, and a fair there for three days in the j'ear. This Hutton Wandsley was formerly the lands of Ingleby. (26) Marston. This was amongst the Knights' fees of John Bclew in the 29th year of Edward I. Much of this land was given to the Abbey of Fountains in the time of Edward II. This Long Marston is now the seat of the Thwaytes. It was some time the lands of WMlliam Ingleby.^ (27) AsKiiAM Bryan. Askham Bryan, Colton, Hessay, Stevington, Nun-Appleton, were part of the possessions of Sir John Depeden, who gave them in marriage with his daughter Margaret, to William Mowbra)', the son and heir of Sir John Mowbray. Askham Bryan came afterwards to Sir Miles Stapleton, by the marriage of the daughter and heir of Mowbray. John Geldart, Esq., one of the Aldermen of the city of York, hath lately built a fine house there.^ (28) Askham Richard. The nuns of Monkton had, by the Bull of Pope Celestine, the vicarage of Askham Richard. (29) RuFFORD.^ Geoffrey Roughford was owner. Afterwards it ^ Inter clamia in Com. Eborum liberata per manum Willielmi de Barneby generalis Attornati Regis No. 21 Edw. I. — T. W. ^ ? Daniell or Danyel. ^ Thus this and the former place were spoken of as Marston-r;/;«-Hoton- Wandesley. * He was Lord of the Manor in the time of Charles I. ^ Now known as Ruffbrth. Rufiorth. 153 came to Geoffrey Burgchicr, by the marriage of the daughter and heir of Fuik Roughford. Alan Breton was owner thereof in the time of Edward I, and he had, by grant of the King, free-warren in all his demesnes there. Much of it was afterwards given to St. Leonard Hospital in York. In a book of abbreviation of pleas from the ist year to the 7th year of Edward II, by Mr. Scipio Squire, remaining in the Treasury, it appears that, in the time of this King, Nicholas Stapleton, son of Miles Stapleton, sued John Malcvcrcr that he should restore unto him William Bugthorp to his custody, who holds of him four carucates of land in Useburn, by homage fealty, and suit of court at Alnerton Maleverer. Nicholas said that the aforesaid William, the father, held of him the manor of Rufford by half a knight's fee, and suit of court of the said Nicholas at Thorparches from three weeks to three weeks. The plaintiff replied that William, the father, was purchaser as well of the tenancy in Useburn, as of the tenancy of Rufford and Tockwith from Alan Breton, and William had, for a long time, purchased the tenements in Useburn of the same Alan, and held them of the same John before by inquisition. (30) KnaftoN. This was the land of Alan Breton, in the loth year of Edward I, and afterwards of Sir John Mowbray of Kirkling- ton, Knight.i (31) SCAKEl-THOKl'.- Thomas Ughtred was owner hereof, and in the 8th year of Edward III had licence from the King to empark his woods of Kexby, Monkton-upon-the-Moor, and Scakelthorp. In the Book of Domesday, in Scakelthorp, and the two Poppletons (are) "six carucates of land and a half, of the land of Erenum Catenas, which Osborn de Archis holds". It is so witnessed, to the use of William Mallet. ' Drake has an interesting note here, of which the following is a digest. In the list of the lords of the Ainsty, taken the 9th of Edward II, Episcopus Cestrien. is put down as owner of this manor. This is surprising, as it is well known that the bishoprick of Chester was founded long after by Henry VIII. The explanation is that the bishops of Lichfield and Coventry were anciently styled Episcopi Cestricnses. This manor, however, did not belong to that see, but was the private property of Walton de Langton, then Bishop, who belonged to an old York family. This appears in the Rolls of the Pipe, 16 Edw. II : — " Thomas de Burgh, Escheator dom. regis ultra Trenlain r. c. de exit, manerii de Knapton, quod fuit Walteri de Langeton, nuper Covent. et Lichfield epis. et quod tenuit de Galfrid. Lutterel senncio unius militis." ' Scaggelthorpc, or Skekelthorp, is now depopulated. The site lies in the township of Moor Monkton near the road leading to Popplelon. 1 54 Sinningthwaite. (32) SlNVNTIlWMT. Here, at Sinynthwait, was a house of nuns dedicated to St. Mary, founded, as I have heard, by Peter Brus, and to which also Alice Haget, sometime wife of Jordan de St. Maria, was a good benefactor.' All which were confirmed in the time of Henry HI by the King (Ch. Rolls, 39 Henry HI). These nuns made the country people anciently believe that they had there the arm of St. Margaret, and the coat of St. Bernard, which help women in labour, as was believed. (33) Skuekirk,'- or rather, ScoKiRK, was a cell to the Prior and Convent of St. Oswald at Nostell. King Richard II granted to the Prior and Convent free-warren in all their demesne lands there. It is now the seat of Sir Thomas Harrison, Knight. (34) TOCKWITH alias TODWICK. This was part of the possessions of Robert Trusbut, which was divided between his three sisters. Rose Ros, Hiiaria of Huiiers,:* and Agatha Manifolin (CI. Rolls, 20 Edw. I).* It was sometime the land of Brian Davill of Bilton, Esquire. The Prior of Sinynthwait had divers lands here. There was a Chapel in the wood at Tockwith, and some lands, which Ebrardus gave to the Church of All Saints, at Scokirk. (35) RedhoUSE. This hath been of late a seat of the Slyngesbycs, Sir Henry Slyngesby (elder) having built a fair house here. But Scriven, near Knaresborough, is a much more ancient seat of this family, for William de Slyngesby, their ancestor, married the daughter and heir of Thomas de Scriven, by which marriage he had Scriven, and many other good possessions. He had also the office of Forester of the Forests and Parks of Knaresborough, in which family of Scriven that office had anciently been, as appears by an inquisition which I have seen, taken at Knaresborough, in the 2nd year of King Edward, son of Edward. Slyngesby, by this marriage, became heir also to Thomas de Walkingham, whose daughter and heir Scriven had formerly married. 1 The account given in Dugdale, Mon. Ang., differs from this. There we are told that this nunnery, which was of the Cistercian Order, was founded by Bertram Haget who gave the site of the building, his act being confirmed by Roger de Mowbray his lord. Geoffrey de Ludh.im, Archbishop of York, took these nuns under his protection about the year 1300, denouncing a malediction against those who should injure them, and a benediction upon their benefactors. King Henry II confirmed the founder's donation. * Skewkirk. ^ Sic, for Budlers. * Mem. 12 : The first husband of Agatha is apparently referred to here. Vide Dugdale, Baronage fpub. 1675), Tom. i, fol. 542. Redhouse. 155 One of the ancestors of Slingesby did also marry a daughter and heir of WiUiam de Nesfield, by whom he had an accession also of the manors of Scotton, Brercton, and Thorpe, touching which I find a controversy between John, King of Castile, and Duke of Lancaster, commonly called John of Gaunt, on the one part ; and William de Gargrave and Hykedon de Slyngcsby, who had married the two daughters and heirs of the said William dc Nesfield, on the other part. The Uukc claimed by purchase from Nesfield, and the two heirs claimed by an entail. This controversy is mentioned in an indenture written in French dated the xxvith of July, A.D. 1387, a copy of which was showed unto me by Henry Slyngcsby of Rippax, Esquire, the son and heir of Sir William, who was a younger son of the family of Slyngcsby. The controversy is, by that indenture, referred to twelve of the best knights and esquires of the County of York, near Scotton. Mr. Slyngcsby did also favour me with view of a deed, without date, touching lands in Scotton by which it appears that some lands, in Scotton, were mortgaged to a Jew for debt, to which there is a label affixed in Hebrew, without pricks, in the nature of a release. As Mr. Slyngcsby informed me, it was translated into Latin by the mirror of antiquaries, John Selden, Esq. ; and it is thus in Latin : — " Ego infrascriptus confiteor confessione plena seu perfecta quod praedium quod est Alexandrae de Zechowsia in villa de Scottona ilium scilicet praedium liberum esse ab omnibus debitis litibusque a creatione mundi usque ad finem ejusdem quantum nempe attinet ad debitum aliquod propter quod erit obnoxium aut incurrerit mihi qui sic confiteor, et quod dixi signavi. " ISAACK Ben Chereb." ^ The Redhouse is now the seat of Sir Thomas Slyngcsby, Baronet. (36) POPI'LETON. There was a mayor of York killed at Poppleton in the time of Richard H. I cannot assign the occasion, but con- jecture that it might be in reference to some controversy between the city and the Abbot of York,- to whom Poppleton belonged. ' " I the underwritten confess with full or perfect confession that the estate which belongs to Alexandra de Zechowsia in the vlll of Scotton, that that estate, to wit, is free from all debts and lawsuits from the creation of the world until the end of the same, so far namely as regards any debt for which it may be liable, or which it may incur, to me who thus confess ; and what 1 have said, I have signed. " Isaac Ben Chereb." " The Poppletons were given to the Abbot of St. Mary by Osbem de Archis. See .Appendix, No. 8. 156 Bickerton. And I am the rather inclined to think thus in regard that men- tion is made of this amongst the Records of the Tower in Rotulo Romano. Poppleton is now the seat of Thomas Hutton, Esq.' (37) ACOMB. Acomb is the seat of Thomas Newark, Esq.* (38) Catherton, aZ/Wj KATHERTON,rt//(?i- Kaderton. Thomas Fairfax of Walton was owner of lands in Catherton in the 19th year of Richard II, and made an entail thereof with other lands. It was formerly the land of William Catherton, which he held of William Kyme, Lord of Newton Kyme, in the 44th year of Henry III. According to the Register of Fumess, in the Office of the Duchy of Lancaster, Sir Alan Catherton gave some part of it to the Monastery of Furness, in the year 1256, the 40th year of Henry HI. (39) Hagenby.* This was anciently the lands of Hugh Lelay, and he gave the same to the Prior of the Monastery of Helagh Park. (40) Bickerton. This was formerly (16 Edward I) the land of Alan Walkingham of Bickerton, which he held over of Sir Rowland Ouakin, Knight (Mich. 16 Edw. I, Rot. 42). It was afterwards the lands of Walkingham, and he had free- warren there (Tr. 31 Edw. I, Rot. 21). Andrew de Gramare (4 Edw. II) had also lands there, and al.so the manor of Calthorp, which was afterward the land of Richard Brough, Esquire. Thomas Brough, Esq., son and heir of Thomas Brough, brother of John Brough, late of Calthorpe, E.squire, ratified the estate and possession of Bryan Roucliff, one of the Barons of the Exchequer, son of Joan, wife of Guy Roucliff, sister of the aforesaid John Brough in ■ A descendant of Archbishop Hutton, through whom it came from the Church to the Hutton family. See p. 1 10. 2 Acomb, or Akeham, or, earHer still, Ascham, was anciently part of the posses- sions of the Cathedral Church of York. In Domesday Book, the Church of St. Peter, at York, has Acho as a manor. The Vicarage of Acomb was surrendered to the Crown in 1547. By James I, in 1609, it was granted to Thomas Newark. 3 This place appears in Domesday Book as Haghendebi. Some have held that it is the same as Angram, in the parish of Long Marston. Mr. Skaif, by extracts from the Chartulary of Healau^h Priory, proves this to be incorrect. Hagenby was within the present township of Tadcaster East.— Vide Kirkbfs Inquest, note on Hagenby. Bickerton. 157 the manor of Calthorpe, with the advowson of the Church there, and lands in Bickerton. I have not held an even course in my journey in the Ainsty as to the situation of the towns and places. I desire pardon for my aberrations having fallen so often out of the way. I am now returning to York. CHAPTER XI. €h C^UtC^tB. I. — The Cathedral Church, or Minster of York. MIS Church' is at this day an excellent, fair, and stately fabric. John Leland observes that there be eight arches in each of the side aisles of this church, and four on each part of the cross aisles, and nine on each of the aisles of the sides of the east part of the church. But I shall deduce it from its original, which was not so great. Upon the conversion of King Edwin by Paulinus, the first Arch- ' Besides Bede, the old historians, and Stubbs, see also Raine, T/ie Fabric Rolls of York Minster, with an Appendix of illustrative documents (pub. 1859, Surtees Society) ; Willis, Tke Architectural Hist, of York Cathedral (pub. in Proceedings of meeting of the Archaeological Institute at York, 1846) ; Browne, 1. The Hist, oj the Metropolitan Church of St. Peter, York (pub. 1838-47) : 2. A lette* to the Rev. R. Willis in Vindication, etc. (1849): 3. Fabric Rolls and Documents of York Minster, a reply, etc. (second edition, 1863) : 4. Guide for Strangers and Visitors to York Minster (pub. 1872) ; Poole and Hugall, An Historical and Dcscrip. Guide to York Cathedral, etc. (pub. 1850); Dixon and Raine, Fasti Eboracenses (pub. 1863); Britten, The Hist, and Antiq. of the Metropolitical Church of K<7r^ (pub. 1819) ; Wellbeloved, A Guide to the Cathedral Church of St. Peter (Fourth edition, 1815); Dugdale, The Hist, of St. Paul's .... likewise an Historical Account of tke Northern Cathedrals, etc. (pub. 1 7 16); Gent, The famous great Eastern Window in St. Peter's Cathedral, York (Tfah. 1762); Hildyard, The Cathedral Churches of Canterbury and York (pub. 1755) ; Halfpenny, Gothic Ornaments in the Cathedral Church of York (pub. 1795). The North Wall. The South U'all. REMAINS OF THE. SAXON CHURCH OF ST. PETER THE APOSTLE, YORK. 0pp. p. 159- The Norman Builders, 159 bishop of this place, the King, against the time of his own baptism,' caused a httle church to be erected of boards in the city of York, and did dedicate it to St. Peter. Afterwards he laid the foundation of a very stately building round about the wooden church, which, he being taken away by untimely death, his successor Oswald finished.'- The church was destroyed, and indeed the whole cit}-, by fire, in the time of William the First, upon a controversy between the Danes and Normans, as is set forth at large in another chapter.^ Thomas,^ the 25th Bishop of York, made so in the year 1070, first new covered and repaired the church for a time. But afterwards he pulled down the old building, and erected a new one, and the church newly built by him he furnished with books and all kinds of necessary ornaments.^ In the latter end of the time of Archbishop Thurstan, in June 1137, this church was again burnt by casual fire, as also St. Mary's without the walls, and an hospital, and thirty-nine other churches were destroyed. Indeed, the whole city was almost utterly consumed. Afterwards Roger, the 31st Archbishop of York, a great gatherer but a bountiful benefactor, of whom it was said, " Bonus servatius facit bonum Bonifacium," about the year 1154, built anew the choir of the Cathedral church,' and the vaults of the same deca>ed with fire. ' See page 41. - Bede, Ecc. His/., Rk. ll, c. xiv and c. xx. Parts of this fabric were discovered beneath the choir of the present cathedral during the repairs rendered necessary by the mad act of the incendiary Jonathan Martin. ^ This was only the beginning of the disasters of this period. These devasta- tions are described in Brompton, col. 966 ; Hoveden, aptid Savilc, p. z-jZb ; Knyghton, col. 2344 ; Malmesbury, Bk. Ill, .^.D. 1069 ; Saxon Chron.,'E.d. Ingram, p. 271 ; Hymeon, col. 199 ; Hist. Eccl. Dunclm., p. 183 ; Wendovcr, Ed. Giles, vol. I, p. 337. * Thomas of Bayeux, also known as Thomas the Norman. With him there began a new dynasty of archbishops. Aldred, his predecessor, was the last of the Saxon successors of Paulinus. ' Willis, The Architectural History of York Cathedral, pp. 14-15. Professor Willis confirms this statement that Archbishop Thomas repaired the Saxon church, and afterwards superseded it by a new building. See also Stubbs, Act. Pont. Hist. Ang. Scrip. Decern., cols. 1708-1709. ' Stubbs, Act. Pont., col. 1723. " Idem etiam Rogerus chorum ecclesiae cathe- dralis sancti Petri Eboraci cum criptis cjusdcm et palacium archiepiscopale in Eboraco, quod juxta ipsam ccdesiam situm est, de novo construxit. Condidit etiam capellam Sancti Sepulcri ad januam ipsius palacii ex parte boreali ejusdem ecclesiae beati Petri, ac ipsam in honore Dei genitricis Mariae et sanctorum Angelorum dedicavit," etc. i6o Chapel of St. Sepulchre. He rebuilt the palace,' and erected and made from the g^round that Chapel of St. Sepulchre near the Palace Gate, upon the north side of the Cathedral Church,'- and appropriated eleven benefices^ for the maintenance of the ministry therein.^ He was buried in the middle of the choir which he himself had built in the year 1 181. Sewall, the 34th Archbishop of York, who after his death was reputed a saint, about the j-ear 1259 caused the stipends of the ' Canon Raine has thus summarised the history of this ancient palace: "The palace was granted on long leases to the Ingram family at a time when the main- tenance of so many residences was an intolerable burden to the sec, and -Sir Arthur Ingram, the first lessee, repaired and decorated the house, and laid out the grounds with a taste which made them for a long time one of the chief sights of the city. The large space which now constitutes the gardens of the deanery and the residence was then occupied by flower beds, and shady walks ornamented with statuary, interspersed with fish-ponds, a bowling-green, and a tennis-court. It was here that Charles I resided during his last visit to York. The great house, how- ever, fell into decay and the fair gardens were neglected, and, in 1817, the dean and chapter, to whom the position was of the greatest importance, were allowed by Act of Parliament to purchase them of the Marquess of Hertford, the representative of the Ingrams, and the archbishop. The price paid was ^2,200, a small sum according to our present idea of their value. The old buildings on the site, which had become little better than ruins, were removed by degrees, and here a new deanery and a residence-house were erected, the old principle of having a separate abode for every prebendary having been given up. The space thus occupied is cut off from the city by iron gates and rails, and the public enjoy the privilege of a thoroughfare only by permission of the dean and chapter, the gates being occasionally locked to vindicate the right. The elm-trees in the enclosure, originally twenty in number, were planted by Dean IMarkham in 181 8. The palace was nearer to the minster than the present re%\d.cnce-hou%^" {York, \n Historic Towns series, p. 157). - This chapel, which is spoken of as a "gem of ecclesiastical art", was restored in the time of Archbishop Thoresby (1352-1373). It was certified in the thirty- seventh year of the reign of Henry V'lII to be of the yearly value of ^192 l6s. 6d. It was standing here much later, for we find that the tithes belonging to this chapel, and the chapel itself, were sold to one Webster in the fourth year of Queen Elizabeth. Soon after it was removed. Portions of its rich carvings in Derby- shire marble have been unearthed at various times, and are now in part preserved n the Museum of the Yorkshire Philosophical Society. ^ Ex Registro MS. Miscellaneo in custodia majoris Ebor. signato cum litera C. fol. 231(5.— T. W. * " Of his own bounty he gave them the churches of Everton, Sutton with Scroby chapel, Heyton, Bredesey, Ottely one mediety." He " procured, of the liberality of other faithful persons, the church of Calverley, ex done Willielmi de Scoty ; the church of Hoton, ex done Willielmi Paganel ; the church of Harwood, ex dojio Advicie de Ruminilly ; the church of Thorpe, ex dono Ade de Bruys et Ivette de Archis uxoris suae." The churches of Collingham, Clareburg, and Retford also belonged to this chapel (Torre). I ■J. o o 'J. as O as r-' CO u aj U as O X 2 a as Charter of Robert Vavasour. i6i ministers of St. Sepulchre's Cliapel to be increased, and appointed them to be called Canons.' In the time of King Stephen this church was burnt by the casualty of fire, and with it the noble library of Egbert.- It lay long before it held up its head again ; and not before King Edward I's time, and that by John Roman,' and his son John,* William Melton,' and John Thorcsby," all archbishops as is herein set forth. But that was not done without the helping hand of the nobility and gentry in that county, especially of the Percys and Vavasours, which the arms of their houses standing in the church, and their images at the west gate of the church do show. Percy, who gave the wood out of his manor of Bolton Percy, near York, is pourtrayed with a piece of timber, and Vavasour, who gave the stone out of his quarries, near Hcsclwood,' with a stone in his hand.* " Charta Domini Roberti Lc Vavassur de Lapidiscina apud Tadcaster." " Universis Christi fidelibus ad quos hoc praesens scriptum pcrvcn- erit Robcrtus Le Vavasour'" aeternam in Domino salutem. " Noverit universitas vcstra me dedisse concessissc et hac praesenti charta mea confirma.sse in puram et perpctuam elecmosynam et liberam ab omni salutari .servitio Deo et Beato Petro et Ecclesiae Eborum pro salute aniniac meae et uxoris meae Julianac ct anteces- sorum et succcssorum mcorum et ut [jarticipes simus nninium boiiorum cjuae in eadem ecclesia fient in perpeliium plenum ct iibcriim usum I.apidiscinae meae et liberum transituni per antiquas ct consuetas vias ' Stubbs, col. 1725-6. '-' CamclLii, Brit., f. 706.- T. \V. Sec p. 42. ^ John Romanus, or Ic Roman, was the Treasurer of the .Minster of York. He was not an archbishop. He built the north transept [fib. 1256). * Archbishop from 1286 to 1296. '" Archbishop from 1317 to 1340. '' Archbishop 1352 to 1373. ' Hazlewood near Tadcaster. * This is the popular and still prevailinj,' account of these two figures. The supposed piece of timber held by Percy is a stone worked with mouldings. " The ashlars, in their different states, are perfect emblems of the different degrees of ability possessed by individuals, or of merit assigned to them." I'ercy is represented "as a superior benefactor (Vide Met. Ch. St. Peter, p. 50)." But Mr. Browne goes too far when he says, " None of the records of the church notice a donation of timber by the Percys" (p. 50), as he afterwards admits on p. ic/j. (See also ante, p. 137, note 7.) '' I have this, lately, by the favour of Sir Walter Vavasour of Hesclwood. Ex Kei^hlro Fabricae Ecclesiae Beati I'etrti Ebor. manuscript. This is the first deed in'thalbook.— T. W '" Sic. M i62 The Nave. et semitas' sine omni impedimcnto ct contradictione in eundem- et redeundo in Theuisdale quod est de libero teneinento meo ad sufficientiam fabricae ejusdem ecclesiae quotiescunquc opus fuerit dictam ecclcsiam emendare rcedificare vcl amplificare. Et ad majorem securitatem hujus concessionis praesentem paginam sigilli mei appositione dignam duxi communire. Ego vero et haeredes mei warrantizabimus banc donationem nostram in perpetuam. His Testibus Rogero Decano, Galfrido de Norwich praecentore, Gulielmo Thesaurario, Magistro Waltero Archidiacono."' This was about the 4th year of Henry IH, A.D. 1220, for Roger was then Dean of York.'* John Roman, the 38th Archbishop of York, built the cross aisle in the north side of the church towards the Palace, and a goodly steeple in the middle of the church at his own proper cost." With his own hands he laid the first stone of the great body of the church upon ■ "Transitum per antiquas et consuetos et semitas." This is not the grant of a new quarr>', but a confirmation of the right to use an old quarry, using the old and accustomed ways and paths. Browne, Met. Church of St. Peter, argues that the original donor was a Percy, vide p. 13. On p. 47 he also urges that Archbishop Thoresby (1364) speaks of the Percys as donors of stone from their quarries. ^ Sic, for eundo. ^ "Charter of Lord Robert Le Vavasour, concerning a stone quarry at Tadcaster, " To all the faithful of Christ to whom this present writing shall come, Robert Le Vavasour [sends] eternal greeting in the Lord. " Know all of you, that I have given, gr.mted and by this my present charter confirmed, in pure and perpetual alms, and free from all salutary service, to God and the Blessed Peter and to the Church of York, for the health of my soul and of the souls of my wife Juliana and my ancestors and successors, and in order that we may be partakers of all good things that shall be done in the same Church for ever, the full and free use of my stone-quarry and free transit to the same by the old and accustomed ways and paths without any impediment and contradiction in going and returning along Thevesdale, which is of my free tenement, so as to suffice for the fabric of the same Church, whensoever there shall be need for mending, re-building or enlarging the said Church. And for the greater security of this grant I have thought fit to fortify the present page by affixing my seal. Moreover I and my heirs will warrant this our gift for ever. Witnesses, Roger the Dean, Geoffrey de Norwich, Precentor, William the Treasurer, Master Walter the Archdeacon." This charter is also given in Monast. Anglic, being quoted, as in this case, from a Register of the Church of St. Peter. Browne says that no such register is now extant (p. 46). * There is no date to this grant. Roger the Dean appears as a witness to a grant in 1230 (Vide p. 81 ante). Willis, Sut-i'cy Cathedrals, vol. i, p. 98, mentions Walter de Wysebech as Archdeacon, 1221-25. 1225 may be safely taken as an approximate date. ' This is an error. The North Transept and the Tower were the work of the Archbishop's father. THE WEST DOOR, YORK MINSTER. O/A /- 163- The Minster Fa fade. 163 the south gate of the same.' Rut he lived not to bring that noble work to any perfection, being taken away b>' death, March 15th, 1295. William dc Melton, the 42nd Archbishop of York, finished the west part of the body of the church- with the expenses of 700 marks* He bestowed great costs upon the shrine of St. William, and died about the year 1 340. In the year 1352 William de la Zouch, the 43rd Archbishop of York, who had formerly given the Scots a defeat at Nevill's Cross,* near Durham, began the foundation of a chapel,* in the south side of the church, intending to be buried in the same, but he was prevented by death, and he was laid before the altar of St. Edmund the Confessor. John Thoresby, the 44th Archbishop of York, being translated from Worcester in October 1352,'' the tenth year after, began to build anew the choir of the Cathedral Church, laying the first stone himself July 29th.^ Towards the charge of this work he presently laid down ;{rioo, or, as some say, ;^50o,*and promised to contribute yearly ;^200 till it was finished, which he performed as long as he lived.^ He bestowed much cost in building the Lady Chapel,'" and in removing the bodies of his predecessors, who were buried elsewhere within the ■ He laid the foundation of the present nave on April 6th, 1291. - Dixon and Raine, Fasti Eboracenses, p. 423 : " He fini^ihed the western portion of the nave of the Minster, and on the exterior, in the most conspicuous position, on that glorious facade, his munificence is strikingly illustrated. He sits above the central doorway, graven in stone, in his archiepiscopal attire, with his hand still raised in the attitude of benediction. Over his head is the finest Gothic window in the world, built in all probability by himself, and still beaming with the glowing colours with which he adorned it." •■ This should read 500 (not 700) inarks. * Martini Annals, ch. vi. ' This chapel, which was finished after the Archbishop's death, was removed when the eastern part of the Minster was rebuilt. The vestry indicates the position of the original chapel, and is said to embrace part of the old work. See Fasti Ebor., p. 448. " His association with Worcester was very brief. He was enthroned Sept. 12th, 1351. — Thomas, Hist. Worcester, p. iSo. ' July 29th, 1361. ' The amount was \oo marks. The order to pay it is in Thoresb/s Reg., and is dated Aug. ist. • These payments were made half yearly, ^100 at a time, and are all accurately entered in the Register u( this Archbishop. It is estimated that the donations of Thoresby to this work amounted to about ^37,cxx). — Fasti Ebor., p. 484, notes. '" This Lady Chapel forms the most easterly part of the Minster beyond the altar. Gent, Hist. York, p. 24, note, and others, identify this Lady Chapel with the Church of St. Sepulchre, an extraordinary blunder. — Vide Fasti Ebor., pp. 4S5-6, notes. M 2 164 Central Tower Begun. church, and caused them to be interred within the said chapel.' He was himself buried in the middle hereof November 6th, 1373." Walter de Skirlaw, Bishop of Durham, built a great part of the lanthorne of the Minster, where his arms are fixed.^ He was interred in the church of Howden,^ where there was of late years some small monument of him. Thomas Avondell, who was Archbishop in the )ear 1388, gave to this church, besides many rich ornaments, two great basins of silver and two cruets, a silver cup of great weight, and to the Canons a massive and co.stly bowl of silver. Henry Bowet, Archbishop in the year 1406, and for a year Lord Treasurer of England, a great housekeeper, built the altar of All Saints, in the east part of the Minster of York, and was there buried. In the year 1464 the Minster of York was again burnt, in the time when William Booth, sometime a student of the common law in Gray's Inn, was Archbishop. Thomas Scot, alias Rotherham, the 54th Archbishop of York, born at Rotherham in Yorkshire, gave a rich mitre instead of that which King Edward IV had taken from Archbishop George Nevill. He was buried in the year 1500 in the north side of the Lady Chapel, in a marble tomb which he himself erected in his lifetime.^ ' Five of these were, Gerard, ob. 1 108 ; Tlwmas II, ob. 1 1 14 ; Henry Murdac, ob. 1153; Walter Giffard, ob. \1T^ \ John Romanus, ob. 1296. — Leland, Itin. (Ed. 1769), vol. viii, fol. 14. There was a si.\th stone which Leland could not decipher. For an interesting and conclusive discussion of this matter see the works of Professor Willis, and also Fasti Ehor., pp. 487-8, notes, where there are extracts from Thoresby's Register and Fabric Rolls, showing payments for making and fixing the tombstones, and setting the brasses. ' Leland saw his tombstone as here described. Widdrington takes this information concerning the Lady Chapel from Stubbs. ' Namely, six osiers, interlaced after the manner of a sieve. ' William the Conqueror gave the church at Howden or Hoveden, probably the birthplace of the annalist who bears that name (see p. 127), to the Bishops of Durham. They also had a palace here, and here some of them died, viz., Hugh Pudsey, 1195 > Walter de Skirlawe, 1405 ; and Walter de Kirkham, 1560. Skirlawe was not buried at Howden. Canon Raine says (1863), " I saw him about fifteen years ago at Durham, when his tomb was disturbed, swathed in lead, through which the outline of his crozier could easily be traced. He now lies in the north aisle of the choir, between the organ and the wall, before the stone seat which he erected for the aged men who were to sit thereon and ofler up their prayers for his soul. A gorgeous brass, 15 ft. in length, once covered his remains. The matrix is now laid before the altar steps, and is erroneously ascribed to Bishop Beaumont." — Fasti Ebor., p. 461, note m. * This tomb is under the north end of the east window in the Lady Chapel. This monument was restored in 1S32 at the expense of Lincoln College, Oxford, of The Chapter House. 165 Aeneas Sylvinus, who was Pope Pius II, and who is thought to have written his own life, but in the name of another person, saith, " this church for workmanship and greatnes is famous over all the world, and a chapel there, most lightsome. The glass windows are fast bound between pillars that be most slender in the middest." This Chapel, says Mr. Camden,' is that most dainty and beautiful Chapter House,'- in which this verse stands painted in golden letters ; " Jtit rosa flos flonim Sir fBt Domus ilia tiomoniin."-' But as I cannot, so I hope the reader will not be of opinion with him who would comprehend all the excellencies of this city: " i, in the Chapter House; 2, mustard, innstardum caciim capitolium est Eboracum ; 3, mayne-brcad." The Liberties of this church were allowed in the 38th year of Edward HI (Pat. 38 Kdward Hi, p. 2, m. 15). The advow.son of the Church of Cottingham was annexed to the vicar of this church, and his successors, in the 3rd year of Richard III (Bund, de priv. sigillo 3 Richard HI). The Corporation of the Vicars Choral of this church was renewed and confirmed in the 9th year of Henry V (Pat. 9 Henry V, p. 1, in. 16). The Church of Huntington, near York, was appropriated to this vicarage (Pat. 25 Edward HI, p. i, m. 23). The Church of St. Sampson was appropriated to this vicarage without the which College the Archbishop had been one of the largest tienefactors. Formany years he was Lord Chancellor to Edward IV. After the death of Kdward he was imprisoned by Richard III, because of his adherence to the Queen. ' Fol. 706.— T. W. - It is not possible to definitely fix the date of this magnificent slruc tare, the extant records of the church bearing no account of it. Stubbs, who is particular enough in his memoirs of the rest of the building, entirely omits this. The popular opinion, based upon the elaborate arguments of Drake, that the building owes its existence to Walter de (Iray, is discredited by the later authorities. Probably it was completed about the same time as the west pari ol the nave — the first half of the fourteenth century. Drake says, '"This building is an octagon of 53 ft. diameter ; the height of it, to the middle of the roof, unsupported by any pillar, is 67 ft. loin. The eight squares of the octagon have each a noble window, adorned with coats of arms, pennances, and other devices, except one square, which is joined to the other building over the entrance ; and this has been painted with the representations of saints, kings, bishops," etc. In 1845, tlie whole interior, by means of the bequest of Dr. Heckwith of /3,ooo for the purpose of its repair, underwent ;i thorough restoration. The roof, which had foinierly been decorated with paintings of kings, and saints, was illuminated after the old style, and the pavement was taken up and replaced with the present encaustic tiles. The whole Chapter House now forms a splendid specimen of CiOthic architecture. ' " .^s the rose is the flower of flowers, so is this the chief of houses." 1 66 Parish Churches. endowment of a vicar there according to the Statute 17 Richard II (Pat. 17 Richard II, p. 2, m. 28; et anno 19, p. 2, m. i ; et anno 4 Henry IV, p. 2, m. 21). There was a confirmation of an ordinance formerly made for the profits and oblations of the Church of St. Sampson to be divided between the \icar of the Cathedral Church and that church (Pat. i Henry IV, p. 5, m. 34). There were several Guilds and Fraternities in this Church : — (i) The guild or fraternity of St. Christopher (Pat. 19 Richard II, p. 2, m. 6 et 9 ; confirmatio ejusdem i Henry V, p. 2, m. 14; et 2 Henry V, p. i, m. 36). (2) The guild or fraternity of Corpus Christ! (37 Henry VI, p. i, m. 17). (3) Gilda Jesu Christi ct B. Mariae (Pat. 31 Edward III, p. i, m. 18) ; which was afterwards converted into an hospital (Pat. 2 Richard II, p. 2, m. 21).' (4) The guild or fraternity of St. Martin (Pat. 24 Henry VI, p. 2 m. 2y II. — Parish Churches within the City and Suburbs OF York. In the time of King Henry VI there were thirty-nine parish churches^ in this city ; found so, by an Inquisition upon Commission for collection of a subsidy granted by Act of Parliament.^ > Anno 20, not 2. ^ Mem. 20, not 2. ' See Lawton, Collectio Rerum Ecdesiasticarwn de Dioecesi Eboracensi (pub. 1840); Parker, Notes on York Churches {Archaeological Journal, vol. iii, pp. 211, 212, etc.) ; Fawcett, The Churches of York (pub. 1843). * The City Registers contain a list of forty-one parish churches in the time of Henry V (1413-1422). Indeed, as many as forty-five have been counted as existing in the city at one tiine. These are some of the ancient churches not in the list quoted by Sir Thomas : — The Church of St. Andrew : Site between Andrewgate and Spen Lane ; part of the building still remains, but is fast hastening to decay. The Church of St. George : The burial ground still remains within Fishergate Bar ; united to St. Dionis in Walmgate (according to Stat, i, Edw. VI, c. 9). The Church of St. Nicholas, extra Walmgate : Site near the tan-yard in Lawrence Street ; the Church of St. Edward (p. 16S) stood on the opposite side of the road. The Church of St. Michael, e.xtra Walmgate : Site just outside the Bar on the east side of the road leading to Fulford ; united to St. Lawrence in 1365, temp. Edward III. The Church of St. Benedict : Site indicated by Benet's Rents, Little Stonegate ; this church was in ruins temp. Edward III (Pat. 33 Edw. Ill, p. 2, m. 6). The Church of St. Clement : Site in Clementhorpe ; a fragment of the contiguous nunnery wall remains {vide p. 127). The Church of St. Nicholas, Micklegate : Site at the The Union of Churches. i6; (i) The Church of St. Mary,» in Castlegate. There was a chantry- erected in this church, and six marks granted by Roger iJassy (Pat. 4 Edward II, p. 2, m. 13). And a chantry and five marks rent granted out of Naburn by Thomas Norfolk (Pat. 13 Edward II, m. 30). Another chantry, Pat. S' Edward III, p. i, m. 28. And another, Pat. 3 Richard II, p. 2, m. 28. And another, Pat. i Richard II, p. I, m. 14.3 (2) The Church of St. Mary, in Layerthorp, without the postern, united to St. Cuthbert.-* junction of Toft Green and Bar Lane. The Church of St. Bridget: Site in " Mucclegata" {Mon. Ang., vol. i, p. 564). The Church of St. Stephen : Site un- certain. ' In the museum of the Y. P. S. there is a Saxon cross, 15 inches long, found during the renovation of this church. — Cat., p. 76. - " Chantries were small buildings, originally founded, and endowed with land and other revenues, for the maintenance of one or more priests to say daily mass for the souls of the founder and his relations, or other benefactors. A chantry was often annexed to cathedral and parochial churches, either within the walls or attached to the exterior of the building. Chantries were dissolved by the statute of I Edward VI, c. 14." — Benham, Z?iV/. of Relig. Cantaria=a chantrj'. ' See also 11 Edw. Ill, p. i, m. 2 ; 12 Edw. Ill, p. 2, m. 6 ; 6 Rich. II, p. 3, m. 9 ; 7 Rich. II, p. i, m. 24 ; 8 Rich. II, p. i, m. 39 ; 10 Rich. II, p. i, m. 34 ; and 15 Rich. II, p. 2, m. 2. ' An Act of Parliament was obtained in the first year of King Edward VI for uniting churches in York and pulling down such as were superfluous. The preamble to the Act is as follows : — "Whereas in the ancient city of York and suburbs of the same are many parish churches, which heretofore, the same being well inhabited and replenished with people, were good and honest livings for learned incumbents, by reason of the privy tithes of the rich merchants, and of the oft'erings of a great multitude, which livings be now so much decayed by the ruin and decay of the said city, and of the trade of merchandize there, that the revenues and profits of diverse of the same benefices are at this present not above the clear yearly value of six-and-twenty shillings and eightpence ; so that a great sort of them are not a competent and honest living for a good curate ; yea, and no person will take the cure, but that of necessity, there is some chantry priest, or else some late religious person being a stipendiary, taken and appointed to the said cure and benefice, which for the most part are unlearned and ver)' ignorant persons, not able to do any part of their dutys ; by reason whereof the said city is not only replenished with blind guides and pastors, but also the people much kept in ignorance, as well of their dutys towards God, as also towards the king's majesty and the commonwealth of this realm, and to the great danger of their souls. " In consideration whereof, and for the better relief and order of the said city," &c. The statute was not put in full execution till the twenty-eighth of Elizabeth ; when the Archbishop, the Lord Mayor, and six Aldermen met by virtue of this i68 Domesdav Book Quoted. (3) The Church of St Mary, in Bishophill (the new),^ and the Church of St. Mary {veteris, or the elder), Bishophill.'-' A chantry issuing out of the moiety of the manor of Bilbrough (Pat. Henry I V,^ p. I, m. 2). (4) The Church of Allhallows in the Pavement. In \hQ Book of Domesday it is said : — " Habet Episcopus Dunelmensis ex dono Regis Ecclesiam Omnium Sanctorum, et quae ad eam pertinent."^ There was a chantry erected in this church and five marks rent granted bj- the executors of Thomas Alwathorp (Pat. 4 Edward II, p. i, m. 4). [Another by I ^ the wife of John de Acaster (Pat. 7 Richard 1 1, p. 1, m. 22. And Pat. 2 Henry IV, p. 3, m. 6. The like at the altar of St. Peter in that church, and a messuage called Stanbow (Pat. 2 Henry IV, p. 3, m. 6 ; and Pat. 19 Richard II, p. i, m. 26).]" (5) The Church of Allhallows in North street. A chantry in this statute, and agreed that certain parishes should be united, as indirated by the following list : — St. Peter the Little to Allhallows in the Pavement. .St. Helen on the Wall "1 St. Mary without Layerthorpe-postern 'to St. Cuthbeit. Allhallows in Peaseholm (ireen I St. George at Bean-hills to St. Dennis. .St. Helen without Fishergate ) , ... , ,,,,,, . , . " HO St. Lawrence. Allhallows within „ ) St. Clement to St. Mary the Elder, Bishophill. St. Peter in the Willows to St. Margaret. St. Gregory to St. Martin in Micklegate. St. Edward to St. Nicholas without Walmgate bar. St. Giles in Gillygate to St. Olave. St. John in Hungate "1 . c> e •" ^ yto St. Saviour. St. Andrew ] St. John de la Fyke \ ^^ ■Yr\m^y^ Goodramgate. St. Maurice J St. Nicholas to St. Trinity (both Micklegate). St. Wilfrid to St. Michael le Belfry. The Church of St. Helen was also demolished, but was afterwards rebuilt, by .111 Act obtained by the parishioners in the first year of Queen Mary. ' These churches contain undoubted Saxon work. This may be said of one or two others. Considering the importance of York in Saxon days, it is surprising that comparatively little work of that period has been found in these old churches. '•' These ought to be counted 3 and 4 — two. not one. ^ In the fourth year of his reign. ■* " The Bishop of Durham has, of the gift of the king, the Church of All Saints, and what pertained to it." — Ed. 1783, fol. 298. ' The name on the roll is Isolda. ' This paragraph in brackets appears in the MS. under Allhallows, North Street, which is a mistake. The Priests grant to Tliwaits. 169 church and five messuages (Pat. 11 Henry IV, p. i, m. 7). And another of five marks by Stephen BuHinbrook (Pat. 9 Edward II, p. 2, m. 9). The like for another chantry by John Benge (Pat. 18 Edward II, p. i, m. 20). (6) The church of Allhallows in Pesholme united to St. Cuthbert. " The company or society of the house of priests near Allhallows-in- the-Marsh in the city of York, to the worshipful man John Twayts, Lord of Denton in the parish of Otley. Every year upon the 7th of May, and for publication thereof, the day before, they will procure the under-bellman of the city of York to sound the bell about the city as the manner is, for which John Twayts released of his annual rent of 13^. issuing out of that house the moiety thereof, and granted unto him a charter, in the said house to lodge, when he came to the town." This wanted a seal of the Crown, but the deed bears date the 30th of March, 1498, in the 13th year of King Henry VII. (7) The Church of Allhallows in Fi.shergate, united to St. Lawrence. (8) The Church of Trinity in Micklegate. [Chantries founded in this church are Pat. 2 1 Icnry IV, p. 2, m. 37 ; Pat. 21 Edward III, p. i, m. 29 ; Pat. 6 Henry IV, p. i, m. 4 ; Pat. 18 Richard II, p. 2, m. 41 ; Pat. 16 Richard II, p. i, m. 11 ; Pat. 8 Richard II, p. i, m. 7.]' (9) The church of Trinity in Coney Street.^ A chantry and si.x marks rent granted by Robert Roston (Pat. 14 Edward II, p. 2, m. 9). [And another chantry in Eaiesia Sanctae Trinitatis in Curia Regis, Pat. i Richard II, p. 6, m. 30. And the like in the same ' The paragraph in brackets should be transferred to St. Martin, No. 21. For oly Trinity see 6 Edw. HI, p. 3, m. 10 and m. 14. - Not the Conyng (Coney) .Street of the present day. This church, which stands in ColHergate, at its Junction with Goodranigate and I'eiergate, is denomi- nated Ecclesia S. Trinitatis in Aula (vei curia) lie^iis, or in English, Saint Trinityes in Conyiig-garthe, and Cliristys Chyrchc in Conynt^s- Yard. The church is commonly spoken of as Christ Church to-day. Probably the name arose in this way. There is no doubt that the Praetorian palace stood near this site in Roman times. It is hardly less certain that the Northumbrian kings had their residence here in the .Sa.xon and Danish periods. For mstance, Tostig, the outlawed Earl of Northumbria, had his palace in York {Saxon Chronicle, 1065). f.oodranigatc, indeed, takes its name from liodram or Ciuthrum, a Danish official and warrior, who resided here. Later still, the English kings appear to have held this place as a manor. Hence arose the distinguishing phrase in the Court of the King, or in King's Square. .Sir Thomas has some interesting facts respecting this matter on p. 74. Drake suggests, as an expla- nation of the term l^ukc Gild Hall, that the manor passed from the Kings of Englanil to the Dukes of York. f/O Si. Michael le Berefrido. church, Pat. 44 Edward III, p. i, m. 9. Another, Pat. 8 Henry IV, p. 2, m. 24.] 1 (10) The Church of Trinity in Goodramgate. A chantry made in this church, at the altar of St. Nicholas, and two messuages, granted by Elias de VVandesford (Pat. 17 Edward II, p. i, m. 12, and Pat. 2 Edward III, m. 26). The like for another chantry in that church (Pat. 9 Edward II, p. 2, m. 9). Another, Pat. 35 Edward III, p. 3, m. 36. (11) The Church of Holy Cross in Fossgate." A chantry erected in this church, and six marks rent granted issuing out of the tenements of Robert (Pat. 10 Edward II, p. i, m. 24).* (12) The Church of St. Clement in Fossgate. (13) The Church of St. John the Evangelist on Ouse-bridge end. A chantry and six marks granted by John de Shupton (Pat. 12 Edward II, p. 2, m. 25). And another, Pat. 39 Edward III, p. i, m. 24. (14) The Church of St. John del Pyke, beside the Minster, united to St. Trinity in Goodramgate. (15) The Church of St. John in Hungate, united to St. Saviour. A chantry erected here, and eight marks rent called the chantry of Richard Russell, and Jo. Thresk'' (Pat. 39 Henry VI, m. 19), and another chantry erected there by Jo. Thresk (Pat. 6 Edward IV, p. 2, m. 12). (16) The Church of St. Helen at the walls, united to St. Cuthbert's. (17) The Church of St. Helen in Fishergate, united to the Church of St. Lawrence. (18) The Church of St. Michael de Belfry, or St. Berefrido.* (19) The Church of St. Michael at Ouse-Bridge end. Confirma- ' This paragraph in brackets appears in the MS, under the next church, Trinity in Goodramgate, which is surprising, especially as Sir Thomas is very clear in another place, viz., p. 74. See also Pat. 2 Edw. Ill, p. i, m. 34. - This church stood just outside one of the gates of ancient Eboracum, like Calvary of old. It was a beautiful Christian sentiment which planted the Church of Holy Cross here. Nor can one regard the site to-day without emotion. ' See also 6 Edw. Ill, p. 3, m. 12 and m. 14. There is a most interesting and curious collection of masonry, glass, and bells, from this church, in the museum (Y. P. S.). "• A form of Thirsk. ^ Mr. Brown {Hist. Afei. C/i., pp. 160, 161) says: "The term Berefridus, Berfridus, Verfridus, Belfridus, etc. (for it is variously written), originally denoted a lofty wooden tower, moved on four wheels, having several storeys, and used in war. Afterwards, the name was applied to towers erected in cities or castles, in which guards were stationed, who, by striking a bell, might give notice of the approach of danger. They were also used in times of peace for the purpose of calling the citizens together on any public occasion. Hence, a tower attached to a church, Domesday Book Misquoted. 1 7 1 tion of a chantry founded there (Pat. 11 Edward III, p. 2, m. 31). And another issuing out of two messuages in Clementhorp in the suburbs, and in Ousegate (Pat. 8 Richard II, p. 2, m. 38). (20) The Church of St. Martin in Coney Street. In Libro de Domesday : " Gospatric habet Ecclesiam Sancti Martini".' Cantariae in Ecclesia Sancti Martini in Conynge Street: Pat. 49 Edward III, p. I, m. 14; Pat. 9 Edward III, p. i, m. 9 ; Pat. 8 Edward III, p. i, m. 6 ; Pat. 5 Henrj' V, m. 35. and containing a service bell, would be called by the same name. The Berefridus of the Cathedral was a turret or square compartment, formed at the ape.x of the roof of the south transept. The compartment was formed partly by the thickness ot the wall, partly by the opening of the cuspated triangular window, and partly by the assistance of large brackets bending towards the church, the whole of the compart- ment being externally about ten feet square, but the height of it is uncertain. Yet some idea of it may be formed by an inspection of the 28th plate, vol. i, of Du^AaXe's Monasticon, tA. 1718. The Berefridus had a broche or spire, probably of wood, covered with lead, and thus it became an object in the plumber's engage- ment. In this belfry, two bells appear to have been placed, one of them being the prayer-bell and the other the clock-bell. At what period the belfry was erected is uncertain, but there is reason to believe that it existed in the time of Thoresby, and at that time contained two such bells, liut the last prayer-bell placed there bore the date 1492, and the following lines : — ' .Surge cito, propera, cunctos citat excitat hora ; Cur dormis ? vigila, me resonante, leva.' " This bell, in the time of Dean Finch, was removed to the top of the lanthom, and thence, about the beginning of the present century, into the south-west bell tower, where it was destroyed with the other bells in the fire of 1840. " A new clock-bell was placed in the Berefridus in 1371 in the time of Archbishop Thoresby, and there such a bell remained till about 1752, when the clock and bell were removed. " It is very probable that the clock of the Cathedral was the oldest, and perhaps for a long period the only public clock in the city, and that the sound of its divisions of the day being so important, its tower became a distinguishing appellation for the church adjoining, or near to it, as 'St. Michael le Berefrido', aliiu 'St. Michael the Archangel de Berefrido', alias 'St. Michael de Belfrido', alias 'St. Michael called le Belfrey', to distinguish the church from the one of St. Michael in Spurrier- gate, as 'St. Mary in Castlegate', or 'at the gate of the Castle', had that special appellation to particularise it from any other St. Mary in the city. " The church of St. Michael le Belfrey certainly did not derive its name from being near the general bell tower, which was formerly in the centre or great tower of the Cathedral ; for if it had been styled from its proximity to that tower, it would have been called St. Michael de Cainpanili, which is not, nor ever was, its title." ' This is an error. Domesday Book says, " Erneis de burun. hi . iiii . mans . Grim . Aluuini . Gospatric i Gospatric. i ecclam . S . .Martini ." (Erneis de Burun has four houses of Grimm, Alwin, Gospatric and Gospatric ; also the Church of St. Martin.) Kol. 298. 1 7 2 Fur I her references lo Domesday Book. (21) The Church of St. Martin in Micklegate.^ (22) The Church of St. I'cter-the-Little, united to Allhallow.s in the Pavement. In the Church of St. Peter-the-Little there was the chantry of B. Mariae Virginis (Pat. 33 Edw. Ill, p. 2, m. 22; and anno 24, p. 3, m. 17). (23) The Church of St. Peter-in-the-Willows in Walmgate, united to St. Margaret. A chantr>' founded in that church, (Pat. 19 Richard II, p. 2, m. 20). (24) The Church of St. Maurice at Monkgate. (25) The Church of St. Margaret in Walmgate. (26) The Church of St. Gregory, united to St. Martin in Micklegate. (27) The Church of St. Sampson in Thursday Market. In coemi- terio Ecclesiae Sancti Sampsonis confirmatio fundationis cantariae ibidem : Pat. 1 1 Edward III, p. i, m. 28 ; another, Pat. 6 Henry IV, p. 2, m. 7 ; and 2 Richard II, p. 2, m. 13. (28) The Church of St. Wilfrid in Blake Street. In the Book of Domesday it is thus: — "In omni terra Sancti Petri de Euerwick, et Sancti Johannis, et Sancti Wilfridl, et Sancti Cuthberti, ct Sanctae Trlnltatis.'"- The parson of this church " hath 26s. 8r/. issuing out of tenements upon Blshophill, Eborum" (Plsc. i Edw. Ill, No. 83). (29) The Church of St. Cuthbert in Layerthorp. In the Book of Domesday, in the title In Eboraco Civitate : " Ecclesiam Sancti Cuthberti advocat. Wlllielmus de Percy ab Hugone Comlte."^ (30) The Church of St. Dionls In Walmgate. (31) The Church of St. Andrew in Flshergate. In the Book 0/ Domesday : " Hugo filius Baldri habet Ecclesiam Sancti Andreae quam emit."'' (32) The Church of St. Saviour in Savlourgate. One chantry founded, Pat. 23 Richard II, m. 7. Another, 12 Richard II, p. 2, m. 9. Another by the executors of Richard Wartre (Pat. 6 Edward IV, p. i, m. 9). And another, Pat. 10 Henry IV, p. 1, m. 6. (33) The Church of St. Lawrence without Walmgate Bar. (34) The Church of St. Edward, without Walmgate Bar, united to St. Nicholas. (35) The Church of St. John at the Bean Hills. A chantry erected ' For entries on the Rolls see p. 169, No. 8. - " In all the land of St. Peter in York, and St. John, and S/. Wilfrid, and St. Cuthbert, and Holy Trinity."— Fol. 298;^. ' "William de Percy claims of Earl Hugh the Church of St. Cuthbert."— Fol. 298. ■* " Hugh, the son of Baldric, has the church of .St. Andrew, which he bought." — Fol. 298. o < c a Id I ? O 72 D u Q ■Si as O O O •r. Chapels in the City. 173 there (Pat. 39 Henry VI, m. 19) called the chantry of Richard Russell, and Jo. Thrcsk.' (36) The Church of St. Mary in St. Marygate. {n) The Church of St. Olave in St. Marygate. (38) The Church of St. Giles united to the Church of St. Olave, Marygate. (39) The Church of St. Helen in Stonegate. Chantries there, Pat. 45 Edward HI, p. i, m. 38, and Pat. 3 Richard II, p. i, m. 38. The parson of this church hath a tenement in Davygatc Lardinar, in the same parish (Pat. 19 Richard II, p. 2, m. 13). This church was, in the time of Edward VI, united to another church, but afterwards, by a special Act of Parliament, revived again. - Note that in this Inquisition there is one church omitted, Christ Church with lands in Street.^ III. — There .\re, or were, also divers Ch.\pels within the City, of which I sh.vll make a verv s.mall mention. (i) The Chapel of St. Stephen within the Minster. (2) The Chapel of our Lady, at the .\bbe>'. (3) The Chapel of our Lad\-, at the VVhitefriars. In Pat. 16 Edward II, p. 2, m. 6, a confirmation of a convention made between the chaplain hereof, and the Abbot of Kirkstall for the tithes of the Abbot "in the manors of Colingham and Bcrdeshay". And 4 Edward III, No. 10, a petition in Parliament for the discharge of these portions from the payment of tithes. (4) The Chajjel of St. Anne in Fosse Bridge. The fraternity or guild of Pater Noster made use of this chapel as appears in the margent.^ (5) The Chapel of St. .Vnne in the Horse Fair. ' This is a reference to the Church of St. John in Ihing.itc. .See No. 15 \\\ this hst. For m. ig read tn. 18, so also in No. 1 5. ' See p. 168. For jg Richard read g Richard. ' Sir Thomas Is mistaken here. Christys Chyrche is mentioned under its alternative name of Trinity. .See No. 9, anil my note there. Counting Nos. 15 and 35 as one, and counting No. 3 as two, the total number is 39 exaitly. * Drake says that the wooden piles that supported this chapel were on the north side of the bridge, part of which were drawn out in the year 1754. when, by an order re sewers, the Fo^s was ordered to be 1 leansed up to Monlvbridge. Camden mentions this bridge as so crowded with houses, that he knew not wlicn he was on It. 1 74 Chapel of St. George. (6) The Chapel of St. James, without Micklegate.' (7) The Chapel of St. Mary Magdalen. (8) The Chapel of St. Christopher. (9) The Chapel of St. George, between Ouse and Foss. This chapel was endowed of one messuage and one acre of land in Standford late of William Baston. And Cart. 19 Richard II, m. 7. And in Escheat. 46 Edward III, No. 65,- an Inquisition of certain lands and rents belonging thereto. And Escheat. 30 Edward III, No. 68 : " whether a peice of land called The Holme do belong to the said chapel ". (10) The Chapel of St. Thomas beside St. Nicholas. (11) The Chapel of our Lady in Marygate. (12) The Chapel of St. Katherin in Homer Lane.^ (13) The Bishop's Chapel, in the fields, beside Clementhorpe. (14) The Parsonage of the Horse Fair. (15) The College or Chapel of William, Ousebridge.'' (16) The Chapel of Holy Trinity in Colliergate.' A chantry there and six marks rent in York, by Nicholas Langton (Pat. 8 Edward II, p. i, m. 32).*' ' This chantry chapel stood on the Mount, a little beyond Holgate Lane, but on the opposite side of the road. It was remarkable as being the place where the Dean and Chapter met the Archbishop when proceeding to the Minster for enthronization. After they had sprinkled him with holy water, he put off his shoes, and so proceeded thence barefoot to the Minster, being attended by the clergy and people (Torre). The cloth which was spread along the roads for that purpose was afterwards given to the poor. Gent says the ruins were standing in 165 1. The greater part of the foundation of this chapel was razed in widening the road out of Micklegate. More of these stones were laid bare in 1769 in digging for gravel, and a large leaden coffin, greatly decayed, containing some bones, was also found in the VVindmillhill near. ' In the Second Numbers. ^ Haver Lane. * The etching of the doorway of this chapel, by Halfpenny, is exceptionally fine. Only a fragment of this very beautiful piece of work has been preserved. It now stands in the lower room of the Hospitiuni in the grounds of the Y. P. S. See pp. 70, 72, and 117. * A chapel attached to Christ Church. " The Chapel of St. Maudlin stood in Clifton. Gent says that in his day the site was known as Chapel Garth (Hist. York., p. 216). CHAPTER XII. tU (^tc^Biegope of ^oxL SHALL not spend much time in the disquisi- tion when the name of Archbishop began in England. Some think that the name was not amongst the Britons. VVilh'am Xewburgensis,' in the preface to his History, saith, " Ne unum quidem archiepiscopum unquam habuerint Britones".- I think it to be a plain truth that York is the most ancient metropolitical sec of England, being so made at the first general admittance of the Gospel in the time of King Lucius. This was A' Gratiac i8o. Some say that the first Archbishop was Taurinus. Some mention alsoTadiacus, the last Archbishop in the Britons' time, and Taurinus and Piraunus. Upon the conversion of the Saxons, Pope Gregory restored this see to its former honour, and a little while after Paulinus was made Archbishop. In the year 314 there were three Bishops went out of Britain to the Council of Aries, whereof Eborus, Archbishop of the city of York, was the first, Restitutus, Bishop of London, was the second, and Adelphius, the Bishop of Colonia Legionensium, the third.' ' Vide Chroti. and \fem. Willelmi Parvi, Canonic! de Novoburgo, Historia rcrum Anglicarum, \o\. i, p. 16. ^ William of Newburgh was ahead of his times as a discriminating historian. In his Pre/ace he severely criticizes Geoffrey of Monmouth, and in the place referred to says, " The Britons, at that time, never had an Archbishop" (see p. 73, note i). ' Doctor Usher, Archbishop of Armagh m Ireland. — T.W. See page i-. i^S riie Pall Granted. Anno 627, by King Edwin, upon his conversion, York was to have as many Suffragan Bishops as London, then designed for the other metropolitical see. The number of York was supplied out of those of Scotland, of which I shall speak more in this chapter, which I shall dispatch in the discourse of three matters, which are : — I. — The privileges and greatness of the Archbishop. II.— His superintcndency over the Bishops of Scotland. III. — Lastly, with the nomination of such of the Archbishops as have been either accounted Saints, made Cardinals, Lord Chancellors, or Lord Treasurers, omitting the names of all the rest. I. — For the first, I shall mention but few amongst many, and not in any method of time. This Archbishop had a pall given unto him by Pope Gregory' in the year . Chart, anno 1 1 Edward I m. 3, mention is made lie in Archiepiscopuni Ehorum impcrpetuum remanendo. Ex Registro Archiepiscopi Eborum, Lib. Grenefeild, fol. 44, parte i : Pope Honorius did give a pall to Thurstan, then .Archbishop of York, and his successors, which grant mentions the former made by Pope Gregory. Et ex original! charta nuper in Turri B. Mariae Eborum, the title of which is, Pallium conccss. Archiepiscopo Eborum ? Alex. Papam : Pope Alexander granted a pall to this Archbishop, wherein he appoints upon what days and occasions he should use it. This Archbishop had this privilege, that if a clergyman died in his province, and delivered not his goods away by hand before his death, the Archbishop should have the disposition of them. This grant was procured by Roger, Archbishop of York, about the year 1159, from Pope Alexander (III), and, as the report goes, himself was served with the same measure, for the King (Henry II) seized upon the gold plate and household stuff which he left, and converted it to his own use, saying, it was no reason that his will should stand good, who had disannulled the testaments of so many other persons. In Rot. Pari. 8 Edward II, m. 22 : A petition of the Archbishop against one B., that he did hinder him in this right of Institution in the Church and Vicarage of Ludham. The answer upon the roll is, " Let justices be assigned." * When Paulinus was sent by Pope (Iregory as a missionary to England in 601, he bore a letter to Augustine, directing that York should be a Metropolitan See with twelve suffragans. The pall was not actually bestowed till more than twenty- five years later, and was designed for Paulinus himself. When it arrived, Paulinus had fled from York, in consequence of the anarchy following the death of King Edwin. Archbishop Gray. 177 In Pat. 19 Edward TI, m. 3, in dorso} mention is made of a grant made by King Athelstan to the Archbishop for prisage in the Port of Hull. And in the 33rd year of Edward I, in Parliament (Memorandum de Parliamcnto anno 33 Edw. I, fol. 104, H.VV.) there was a petition exhibited by the Commander of St. John of Beverley that where "he ought, by his Bayly bearing of a little rod or verge, to make all summonses and attachments, within the fee of the said commandry, as well in the time of the vacancy of the Archbishopric as at other times ; that yet the Guardian of the Temporalities of the said Arch- bishop doth now hinder him so to do." The answer was, " Let it be inquired in what state it was in the time of the Archbishop, and so let it be done." It appears by the Book of Domesday that one of the five shires or divisions in the City of York belonged to the Archbi.shop. And there : — " Terra Episcopi Eboracensis. Archiepiscopus habet in Patrick- ton, in Swyne, in Scircburne, in Ripon."- Walter Gray,^ an Archbishop here in the time of King John, purchased, in the year 1217,* two houses for his successors, the first Bishop-Thorp, or St. Andrew-Thorp, near the City of York, and the second a house near Westminster, being a house built by Hubert de Burgo, Earl of Kent, and given by him to the Predicant Friars,* in London, which he bought of them, and also gave to his successors, and called it York Place.' It was afterwards re-edified by Cardinal Wolsey. When the Cardinal was attainted in the praemunire^ he • This is a very incomplete reference. There are two parts for 19 Edward II. On mem. 3 there is no entry //; dorso. The correct reference is Pat. 19 Edward II, p. 2, m. 13, in dorso. There is an earlier reference to this matter, Pat. 51 Henry III, m. 23. ■■' " Land of the Bishop of York. The Archbishop has land in Patrickton, Swyne, Scireburne, and Ripon," fol. 302. The exquisite Church at Patrington is dedicated to St. Patrick, hence the name. King Athelstan had a palace at Shcrbum, which he gave with certain lands to the Archbishop of York. Archbp. Thorcsby pulled down part of the palace, and used the stone in the building of York Minster. Later, the Sherburn estates were exchanged for lands at Cawood and liishopthorpe. * Walter de Gray was Archbishop from 1 21 5 to 1253 ; King John reigned from 1 199 to 1 2 16. He was a favourite of King John, but not less of his son Henry HI (1216-1272). ' This date is too early. ' The Dominicans, or IMack Friars. Their first home in London was in Holborn, and afterwards near the confluence of the Th.uncs and the Fleet, where their name still lives. * Hollinshead, fol. 192.— T. W. ' An action in contempt of the prerogative of the sovereign, involving forfeiture ; or the writ founded upon such an act. N 178 Whitehall, alias York Place. made ii feoflmciil thereof to King Henn' VIII, find it is now called White- Hall.i and is part of the Palace of Westminster by Act of Parliament.'- Hcxham (which Bedc calls Augustald, the Romans Uxelodunum)^ was given by King Egfrid to Saint Wilfrid in the year 675, that he might erect in it an episcopal see.'' He built a gallant church there. And the King placed an episcopal sec there, wherein sat seven Bishops.* But that dignity vanished in the Danish wars. But this manor or regality (for so it is called), continued in the Archbishop till of late. I find a proviso in the Statute of 27 Henry VIII, c. 24, that Edward, then Archbishop of York, and his successors Archbishops, and their Temporal Chancellor of the Shire and Liberty of Hexham, ali/is Hextoldesham, for the time being, and every of them, shall from thenceforth be Justices of Peace within the Shire and Liberty of Hexham. But by the Statute of 14 V.Wz. cap. 13, Hexham, and Hexham-shire, are made and declared part of the County of North- umberland. King Edward IV did, by Charter, in the first year of his reign, grant to William, then Archbishop of York, and his successors that they should have their proper prisons, or gaols in the towns and lordships of Beverley and Ripon, and power to assign Justices of * Shakspeare alludes to this change in the name : — " Sir, You must no more call it York Place, that's past ; For since the Cardinal fell, that title's lost. 'Tis now the King's and called Whitehall." Hetiry VIII, Act iv, sc. i. ' It was a royal residence from the time of Henry VIII to William 111. The portion of the building still standing is utilised as a museum, library, etc., by the United Service Institution. ^ Camden, Brit., fol. 107. — T. W. General forms, Augustaldia, and Uxelludamo. * Registro Episcopi Eboracensis, Libra Grciicfeild, fol. 44, parte i, where Honorius granted a pall to Thurstan, Archbishop of York, it is there subjoined : — " Quod possessiones Eboracensis Ecclesiae in Ecclesia .Sancti Andrcae Hagustaldensis, Sancti Johannis Beverlaci, Sancti Wilfridi de Rippon, Sancti Mariae de Suwella, Sancti Oswaldi de Gloucestria in omnibus libertatibus et consuetudinibus integrae semper et quitae permaneant." — T. W. Translation : — " From the Register of the Bishop of York, Greiiefeild Book, f. 44, part i . . . . That the possessions of the Church of York in the Churches of St. Andrew of Hexham, St. John of Beverley, St. Wilfrid of Ripon, St. Mary of Southwell, and St. Oswald of Gloucester, remain always complete and undisturbed in all liberties and customs." ^ This See was founded in 67S. There was a succession of thirteen bishops, the last, Tydfrith, dying in 821. ^ y. c a: F \r- - ■y, - 1 Dispute with Canterbury. 179 Peace there, and Justices of Oyer and Terminer, and to have all the forfeitures, fines, issues, and amerciaments there : and that the Treasurer and Barons of the Exchequer should not make process against the Justices of Peace there for any estreats in their Sessions to be delivered in the Exchequer. This Charter, and the confirmation of it by King Henry VIII, in the 26th year of his reign, are enrolled amongst the Records of the Exchequer, Anno 26 Ilcnry VIII. Hut this point concerning assigning Justices of Peace, and Justices of Oyer and Terminer, is altered by the Statute of 27 Henry VIII, c. 24, by which it is enacted, that no person shall make Justices but the King. After this the Justices of Peace in these Liberties were, upon the desire of the Archbishop, a[)pointed by the King's com- mission. I shall cra\'c leave to mention, by way of story only, a former question of precedencj- between this Archbishop and the .Archbishop of Canterbury, which did arise at last into a great controversy, but it is long since settled, and so enjoyed, and so may it ever rest ! In the time of Henry 1, in the year 11 14, the heat was great between Ralph d'Escures, then Archbishop of Canterbury, and Thurstan, elected Archbishop of York, who refused to receive his consecration from him, or to make profession of obedience to him. The King deprived Thurstan, who complained to Pope Pzischal. The Pope writes to the King on Thurstan's behalf At Salisbury, a solemn assembly of nobles meets, but they could not end it, nor the Council at Rheims,* where complaint was also made. At last, the King and the Pope meet,- and Thurstan was afterwards admitted, but it was for fear of the Pope's buU.^ The like happened in the year 1177 in the time of Henry II. The Archbishop of Canterbury would not admit him of York to bear a cross before him in the Province of Canterbury, nor the Archbishop of York suffer him to bear a cross before him in the Province of York. For the first see Hoveden, and for the latter, 5 Rich. I, A.n. 1194, at the Parliament at Nottingham, HoUinshead, f. 142. Cardinal Hugo, the Pope's Legate, came to England. At a meeting of all • Pope CalLvtus II consecrated Thurstan at Rheims on October 20th, 1119. The Saxon Chronicle says, " Because he received consecration from the I'opc, against right, and to the prejudice of the See of Canterbur)', and against the King's will, Henry wholly forbade his return to England." ' They met at Henry's castle of (iisors, near Rouen. No agreement was made. Neither King nor Pope would grant any concessions to each other in the matter. ^ Thurstan was welcomed at York by enthusiastic multitudes of people of all ranks, and was enthroned three days after his arrival. N 2 1 80 Extract from the Greenfield Register. the Bishops at Westminster the Bishop of York came first, and placed himself on the right-hand of the Legate. When Canterbury came, York would not yield the place. It came to blovv.s.i I shall not determine who had the better cause, nor did the noble Cardinal stay to decide it, for he ran away from the place. But, as the story mentions, York had the worse in the fray, for Canterbury was the stronger. This controversy was afterwards, for Canterbury was to be Primate of All England: and York Primate of England. This was not so in the beginning, for I find by several stories, that by Pope Gregory's institution, he, of the two Archbishops, who was first con.secrated, should have precedency of the other. And it appears ex Registro Archicpiscopi Ebor., Libra Grenefeild, fol. 44, jxirte I, in the grant made by Pope Honorius (II) unto Thurstan, Archbishop of York, and his successors, of a pall, where are the words : " Antiquam banc Eboracensis Ecclcsiae dignitatem integram conservari Auctorc Deo cupientes, authoritate Apostolica prohibemus, ne ulterius aut Cantuariensis Archiepiscopus professionem quamlibet exigat aut Eboracensis Cantuariensi exhibeat, quod penitus a beato Gregorio prohibitum est. Sed ista inter eos honoris distinctio imperpetuum conservetur, ut prior habeatur qui prior fuerit ordinatus."- Answerable whereunto I find that at a council held at London, in the time of King Edred, in the Nativity of the Virgin Mary, in the year of grace 948, there being present Wulstan, Archbishop of York, Odo, Archbishop of Canterbury, and other Bishops, Abbots, Dukes, and Earls, etc., the Archbishop of York subscribed in the first place : — " Ego Wlstanus Archiepiscopus Eborum subnotavi. " Ego Odo Dorobernensis Archiepiscopus assertavi." And then, a little after, thus : — " Ego Edgarus totius Albionis Basileus. " Ego Dunstanus Dorobernensis Archiepiscopus. " Ego Oswald us Eboracensis Ecclesiae Archiepiscopus." ' The event was disreputable enough, but the storj', told in Fullei-'s inimitable style, is almost entertaining. — Fuller, Church History, Book III, pp. 38-9. '' " Desiring that (with the authority of God) this ancient dignity of the Church of York be preserved in its entirety, we forbid with apostolical authority that from henceforth either the Archbishop of Canterbury exact any profession [from the Archbishop of York] or the Archbishop of York yield any to the Arch- bishop of Canterbury (which is altogether forbidden by the Blessed Gregory) ; but this distinction of honour shall be for ever preserved between them, that he who shall have been first ordained shall be held the ereater.' COINS OF THE ARCHIKl'ISCOI'AL MINT. NORK. (See Appendix Xi>. q. ) l'c:ni:i< 1 ■/■ >^u IvANliAI.n i%: \\'ri.FKRF.. Q-^/; WiGMUND. Wl'l.l'KRK. i:<-E^^ Coin shkwi.m. quatrefoii. in the centre of the cross, I^ETER Pence. ENCLllMNc; A pei.i.et. on IHE REVERSE. Thoma.^ rotherha.m. CHKISTOI'HEK H.MMiKllH.E Thomas rotherham. Ej)\\ari) Lee. HOMAS WOI.SKN- KiiWAKi) Lee. I'he insertion of the name \\ ii.mam, in the excerpt Ironi the Clcse Rolls, on llie opposite page, is an error. The words of the roll are, " ven'abilc p'rem W. Ebor. Archiep'm." I'he abbreviation W. refers to Walter Gra^. 'I'here are two rolls for 2 Henry HI. Tiie entry quoted is on pars seiiinda. Of p. p. I Si. The Archbishop's Mivt. i8i The Archbishop had a mint or two in this city.' Ciaus. Rot., 2 Henry III, m. 6; "Rc.\ vicecomiti Eborum saUitcm : Mandamus tibi firmiter praccipientes quod facia.s venerabilem patrcm nostrum Dominum W'iliiclmum Kborum .'\rchiepiscopum bene et libera habere cuncos sues monetae nostrae in civitate nostra Eborum sicut praedecessores sui Archicpi.scopi Eborum melius et iiberius habuerunt.'"- And a writ of the like nature was directed to the Mayor of York, vnitdtis viutandis. An Inspeximus Chart. Rot, 3 Henry V, No. 15: Amongst the Pleas Quo zvaranto held at York before John de Metingham^ and his companions, in the 8th year of Edward I,' a Quo zoaranto was brought against William, Archbishop of York, for that he claimed to have 2 mints for coining of money within the city of York, without the King's licence. To which the Archbishop pleaded that he and his predecessors had been in seisin of these 2 mints time out of mind. And further said that in the time of King Henry, son of William the Conqueror, one Odo, sheriff of Yorkshire, did hinder one Gerard, the Archbishop of York, from holding pleas and giving judgment in his Court dc tiionetariis. The Bishop complained to the King and shewed his seisin, and the right of the Church of St. Peter. Whereupon the King did send his Letters Patent to the Sheriff, the effect of which was to will and command him that Gerard, Arch- bishop, in the lands of his Archbishopric, should have pleas in his own Court tie vionetariis suis, as of thieves and of all others as Thomas, Archbishop, had in the time of his father or brother, and that he should execute the King's new statutes of judgments or pleas of thieves and false coins, and " that he may do this by his own proper instance in his own court, and that neither he nor the Church ' See Appendix, No. (;. ' "The King to the Shcriffof York, greeting. We command and strictly charge you to cause our venerable father, Lord William, Archbishop of York, to have well and freely his own coins of our money in our city of N'ork, as his predecessors the Archbishops of York have had better and more freely." ' John de .Metingham was King's .Serjeant in 1275 (3 Edward I) ; Just. K.B., 1276 : C. Just. C.V., 1290. He died in 1301. He and Elias dc IJeckingham were alone found uncorrupt in the administration of justice in the exposure of the ISench by King Edward in 1289. This explains Metingham's promotion the following year. — Voss, Judges of Enf;land, vol. iii, p. 131. * This record of 8 Edward 1 is in the custody of the Chamberlains of the Exchequer marked thus : "J. de V'allibus : I'lacita de Juralis et .Assisis ibidem in crastino S. Mich. A" Rcgni Regis Edwardi octavo, incipiente none." Rotulus placitorum. Quo waranto, Jo. dc \'allibu.s, Kot. <;. -T. W. iS2 Other Liberties. shall lose anything by our new statutes, but let him do in his own court by his own instance according to our statutes. Teste R. Cestriae Episcopo, apud Winton." And the Bishop said that he and his predecessors had had the said mints as he claimed them. Issue was joined upon this. And the jury found for the Bishop. And the judgment was given that the Bishop should be without day. Many other liberties of the Church of York are also mentioned in this Inspeximus of 3 Henry V, No. 15. The Quo IVaranto, of 8 Edward I, goes farther, to know by what warrant he claims to have gallows, return of writs, estreats, pleas of withernam, and his proper coroners, within the City of York, and without, and to have coroners on each side of Hull, and to take prizes in that river, and to have the assize of bread and beer, broken wreck of sea, and waif at Patrickton, and to have free-warren, and his land quit from suit in Wilton, Beverley, and Burton, and elsewhere in his lands in that county, and to have a free-warren, and his lands quit from suit at Beverley, Burton, Wilton, Ripon, Otley, Shircburne, and Thorp, and to have a park and free-warren at Cawood. To which the Archbishop said, that as to the gallows he claimed them in his Baronies without York, Shireburn, Wilton, Patrickton, and Otley time out of mind. At Beverley and Ripon by this warrant, that King Athelstan gave the said manors to the Archbishop of York, and his successors, before the conquest, from which time all the said Archbishops of York had enjoyed the said liberties. And that after- wards King Henry I, the son of the Conqueror, did amongst divers other liberties grant to the Archbishop infangthef in the aforesaid lands by his Charter, which he produced in court. And did claim return of writs, and pleas of withernam, in Beverley and Ripon, with their members, and the taking of estreats by the hand of the Sheriff for the levying of the King's debts upon those persons who had nothing without his liberty. And this they have used time out of mind. And as to the coroners within the City of York, he said he claimed none. This I have by Charles Fairfax, Esq., who told me he had it from Toby Matthew, the famous Archbishop of York.^ " The Archbishop of York claims to have by the grant of King Athelstan, and the con- firmation of other kings his successors, soc, sac, toll, them, a market every Thursday, assize of bread and ale, and of weights and measures, and the emendals of the pillory, tumbrell, thief wheresoever he be taken, infangthef, outfangthef, judgment of iron and water, gallows, gibbet, prison, gaol-delivery, his own coroners, goods and chattels 1 See p. 142. Notes by Chas. Fair/ ax. 1 8 J of felons and fugitives, chattels owned by felons, wreck, waif, stray, mcrchet,* lieth commonly called blodwit,- his own court, cogni- sance of false judgment, and of all manner of pleas wheresoever moved by his burgesses and tenants among themselves, to do justice to the parties in his court, and do in all process as the justices of the King and to make execution by his bailiffs, to have pleas of freshforce, and de vetito namio, to make inquisitions of felonies and robberies, and termination of sheriffs, and to do all that belongs to a sheriff before his bailiffs. That the archbishop and the tenants of his soc, wheresoever they reside, be free and quiet from suits of assize, county, wapontack, trithing, geld, and from performance to the King, and from tollage, portage, passage, pannage, throughout all the dominion of the King, and that he hath his fair twice in the year. He claims to plead in his court by his own justices in the presence of one or two of the justices of the King, all pleas of the Crown, as others which arise within his liberty." And King Henry did grant and confirm that neither his Steward nor Marshall of his House, nor his Clerk of the Market, nor his deputy, shall enter within the bounds of the liberty of the Archbishop. King Athelstan's Grant. "In Nomine Sanctae et Individuae Trinitatis' Adelstanus Rex Dei gratia Anglorum omnibus hominibus suis de Eborasira et per totam Angliam salutem : Know you that I do confirm to the Church and Chapter of Kipon their peace and all their liberties and customs. And I grant to them the court of all suits, and in all courts of the men of Saint Wilfrid, for them and their men, or against them, or amongst themselves, vel quae fieri posstmt : And their judgment for free mortcll :* And that their men ' Merchet = a fine paid by a sokeman or villain for licence to give his daughter in marriage. ' Blodwit = a fine for drawing blood (wyte = foris-factura, or fine). ' Often written thus :—" i . n . D . 1 S . T i . T ." " In the Name of God and the Sacred and Undivided Trinity." * Freed mortell, or frodmortell = free pardon for manslaughter or murder. Chairs of stone were erected with this inscription, " Haec sedes lapiden Krced- stol dicitur, id est, I'acis Cathedra, ad quam reus fugiendo pcr\'enicns omnimodam habet salutem."— T. W. in several of the churches in England, to which the right of sanctuary was granted, a stone seat was placed beside the altar, for those who sought the protection afforded by the sacred plate. This Frteii Slool still exists at Keverley and Hexham. Camden and Leland refer to the inscription above quoted, but it has long since disappeared. For salutem at the end of the inscription securita- tent is generally read (see p. 203). There is an excellent tract on Sanctuary by the Rev. Samuel Pcgge in Archaeologia, vol. viii, pp. 1-44; sec also Moneuticon ed. 1819), vol. i, p. i;S, note c. 184 King A thelstaris Grant. be believ'ed by their yea and by their nay } And all their lands which they have, or shall have, and all their men so free that neither the Kincj of England nor his ministers shall have or do anything within the land or soke of the Chapter. " These witnesses, " T.- Archbishop of York. " P. Commander or Provost of Beverley."* Carta Adelstain Regis concess. Archiepiscopo'' Eborum pro liber- tatibus infra Inrhypun^ vulgo Rippon in comitatu Eborum : — " Witten all )'at is, and is gane That Ic Kinge Athelstanc Has giffen als freelish as Ic may To kirk and chapell of Wilfray, Of my free devotion, par peese at Rhypun On ylk side the kirk a myle For all ill deeds, and ylk agyle.'' And within the kirk yeate And on the stane that Girstol height Within the kirk dore and the where phay haf par pees for less and meare. Ylken of these steds Sail ha peas of freed niortell and yll deeds pat wifjouten it don is. Toll, Them, Soc, Sac, with iron, and with water deme, And do wrack. And all the lands of Saint Wilfray Of ilken gild free sail bene ay. And Ic ne ha nane that langs me to In far'' Harshap sail haf at doe. And for Ic would (lat fay bene safe Ic will ])at J'ay ylken freedom haf And in all things be als free Als hart ma think, or egh ma see. ' " Fidelis sermo pro juramento est." — T. W. - Sic. ' See Mon. Ang., ed. 1S19, vol. ii, fol. 133, num. vi. * See Mon. Ang., vol. ii, fol. 133, num. v. ' So given by Bede. • Glossary'. — gyle: an act of treachery ; Girstol: grithstool, ?.f. (A.-S.), the stool of protection ; height (hate) : benamed ; sted : a place, a position ; deme : judg- ment ; bene : to be ; ay : for ever ; langs (langez) : belongs ; at : to (prefix to a verb) ; egh : eye ; puyar : power. ' Dukedome. — T. W. Mon. Ang. has Herpsac = immunitatis locus. Kin^ Athelstan s Grant. 185 At )>e puyar of a King pat must ma make free ani thing. And my sele haf Ic set farto For Ic will that na man this gift undo." This charter is in rhyme. Tlie age before, and the time about the Norman Conquest, as Mr. Selden observes, was much affected to rhyming charters (vide Titles of Honour, fol. 303).' In this short charter, which you have in the proper dialect, are contained many great and large privileges. In the 1 2th year of King Edward I, when William VVickwaine, Archbishop of York, went to Rome, the King did grant that such person as he should appoint to supply his spiritualities might excommunicate persons within the diocese and certify their names into the Chancery, that thereupon process might be made against them (Rot. Pari. 12 Edward I, m. 6). And in the 34th year of l*ldward I, when the King went into Scotland, he made William, Archbishop of York, and Walter, Bishop of Coventr)' and Litchfield, Custodcs Angliae dum Rex in Scotia 1/iovatnr (Rot Pari. 34 Edwartl 1, m. 15). He was taxed as well in Spirituals as Temporals to the sum of 2,000 marks, and for the Bcdcrn of Beverley and the Church of Kynaldstowe in the county of Nottingham (Claus. anno 12 Edward II, m. 2 ; at in 4 ; dc libcrtate sua in villa Bevcrlaci de gaola fleliberanda, etc.). He claimed a passage over the river of Hull where there used to be a bridge (Fin. 17 Edward II, m. 25). He hath his port or haven, and prisage- of wines in the river of Hull, and of all merchandise there coming as the King hath elsewhere (Pat. 19 Edward II, m. i 3^ — De inquircndo dc libcrtate conce.ssa olim per Regem Athelstanum, et alios pregenitores Regis de prisis vinorum in fjortu de Hull codem modo quo Rex capcrc debet ct solebat in aliis locis ; et 4 Edward III, No: 41 — Petitio in Parliamento apud Wcstmonasterium pro hac libcrtate; et Claus. anno i Edward 111. p. I, m. I i,et p. 2, m. 18). There was a question moved before the King's Council between the Archbi.shop and the Mayor and commonalty of the city of York which of them should have the cu.stody of a place called the Old Bailc* ' Sec Appendix, No. lo. ' The custom or share that belongs to the King. ' Secunda pars, in dorso. * In old registers, in the accounts of the conslableries of the city, and their proper officers, this is left lor the nomination of tin- airlibishop- vttus Mlium in 1 86 Land for tlie Palace Enlargement. against the assaults of enemies (Claus. anno i Edward I, m. 17 ; et Claus. anno i Edward III, p. 2, m. 27, in dorso)} He had view of frank-pledge,'- pleas of withernam, return of writs, quittance from sheriffs'-turns, and from presentments at the hundred, of hue and cries levied in his manors of Southwell, Lathom, Scroby, Sutton, Askham, and in the members of them which are of the Barony of Shireburne (Pat. 51 Henry HI, m. 7 in dorso). A grant was made to him of a certain piece of land near his palace in the city of York, for the enlargement of his palace (Pat. 52 Henry HI, m. 4, et in sedula pro libertatibus confirmandisj.' He had/«r« Regalia within the liberty of Hextoldesham and the levyings of the Tenths and Fifteenths there by his own ministers (Claus. anno 13 Edward HI, p. 2, m. 34). He had lands in the county of Nottingham, described by bounds, custodia archiepiscopi, Ebor. How it came from a state fortress to be the arch- bishop's prison is uncertain. From an old register we learn — 1326, l Edward III — a dispute arose betwixt the citizens and William de Melton, then archbishop, which of them were obliged to repair the walls round this place. The cause was heard before Isabel, the queen- mother, at that time resident in the archiepiscopal palace at York, in council, where Nicholas Langton, then mayor of the city, alleged that this district was the express jurisdiction of the archbishop exempt from the city, and therefore he ought to keep up the fortifications of it. The archbishop pleaded that it stood within the ditches {infra fossatas civitatis), and therefore belonged to those who repaired the rest. Upon hearing, it was given against the archbishop, who was obliged to repair these walls. The site of Old Baile, and the district extending towards Ousebridge, is still called Bishophill. It is uncertain how, or when, the church gave it up to the civil magistrate, for at present it is part of the possessions of the lord mayor and commonalty. The area of this old castle was afterwards enjoyed by the citizens for sports and recreations. (Drake.) 1 The first reference to the Rolls is an error. In the second, for vt. 2J read m. 17. 2 The ancient custom of freemen of England, for the preservation of the public peace, was that every free bom man at fourteen years of age (religious persons and a few others excepted) should find surety for his truth toward the King and his subjects, or else be kept in prison : whereupon a certain number of neighbours usually became bound one for another to see each man of their pledge forthcoming at all times, or to answer the transgression committed by any gone away, so that whosoever offended, it was forthwith enquired in what pledge he was, and then they of that ^/^rfgf either brought him forth within thirty-one days, or satisfied for his offence. This was cs.\\e.di frank-pledge. This custom was so kept that the sheriffs at every county court, from time to time, did take the oaths of young ones, as they attained the age of fourteen years, and see that they were comprised in somedozen. Whereupon this branch of the sheriffs authority was called Visiis franci plegii — view of frank-pledge. ^ Sir Thomas also quotes Pat. 52 Henry III, m. 32, which is incorrect. Various Privileges of the Archbishop. 187 without the bounds of the forest, and had h'berty to hunt by all the wood of Blyworth (Pat. anno 55 Hcnrj- III, m. 13). He had return of writs, goods and chattels of felons, treasure trove, wreck of sea, waif and stray, and other liberties granted unto him (Chart. Rot. i Edward IV, p. 2, No. 13). He had a market and a fair at his manor of Otley, and a market and a fair at Shireburne, and a market and a fair at his manor of Patrickton, in the county of York, and a fair at Southwell, in the county of Nottingham, and a fair at Hextoldesham in the county of Northumberland (Claus. anno 11 Henry 111, m. 10). All the collations to the vicarages in the county of Northumber- land, did belong to this Archbishop in the vacancy of the Bishop of Durham (Escheat. 12 Edward I, No. 61). He did exercise the jurisdiction of a visitor in the college called Queen's Hall, in Oxford (Pat. 12, Henry IV, m. 19). He had his prison and justices in the towns of Ripon and Beverley, and other great liberties there (Pat. 7 Edward IV, p. i, m. 13). He had a most ample charter of confirmation of all his charters, liberties, privileges, and gifts. They arc too large for my enumera- tion (Pat. 20 Henry VI, p. 4, m. 11). The words Itoniines sui in the Bishops' charters are to be understood tam de liberis tenentibus qttam de 7iativis(YzX. 10 Edward II, p. 2, m. 3). De libertatibus allocandis etc. de non hospitandis extraneis in aedibus ct de aliis quietanciis ct libertatibus (Claus. anno 15 Rich. II, m. 2 ; et Claus. anno 6 Rich. II, p. I, m. 19). That it may not turn to the prejudice of the Archbishop that some of the King's household were lodged in his houses against the tenour of his privileges (Pat. 4 Henry IV, p. 2, m. 13 ; et 9 Henry V, p. I, m. 26). The turbery' called The Hay- of Langneth was heretofore granted by the Prior of Wartre unto the Dean of York, and an assize was brought thereof against the Archbishop of York (Brevia Regis,^ I Richard II, No. 14). There is another ample confirmation of the Charters and privi- leges of this Archbishop (Pat. 3 Edward IV, p. 2, m. 3 ; et 6 Henry VI, p. 2, m. 3). 1 mention but some of many grants made unto this Bishop : A house in Battersea granted unto him ad fabricam ecdesiae manutenendam (Pat. anno 16 Richard II, p. 2, m. 19). ' Turbery = undrained or boggy ground. - Hay, or Haw, i.e., an enclosure. => This does not appear in the Assize Rolls. Brevia Regis is an old form of reference, not now in use, and cannot be identified. 1 88 nfillery Hall, Stonegale. The church of Mistcrton appropriated unto him pro sustentatione fabricae et luminariitm ecclcsiae predictae {)^dX. ax\no 20 Richard II, p. 2, m. 3; et anno 12, p. i, m. 27). The Bishop and the Dean and Chapter had, for the maintenance of the fabric of the church, which were called " The Fabric Rents", Langncth Woods, and other possessions. Whitehall was anciently parcel of his possessions, and was called York Place ; but by an Act of Parliament in the 28th year of King Henry VIII, it was made parcel of the King's Palace at Westminster (anno 28 Henry VIII, cap. 12, entitled "An Act of Parliament declaring the Limits of the King's Palace of Westminster"). A devise made unto him by William Hanyngham for the term of xxiv years of a messuage called Millery HalP in the street Stayne- gatc' in the city of York (Pat. anno 50 Edward III, p. i, m. 40; et anno 51, m. 8). II. — I am now come to the second part which I propounded for this chapter. Mr. Camden, and most of our late and more ancient English historians, take it for a truth that this Archbishop had power over the Bishops of Scotland, and that they ought^ obedience to him. And I incline to this opinion. Yet in regard the historians of Scotland^ are of a contrary opinion, and for that this superiority was not enjoyed without some opposition, the nation of Scotland for some time opposing the Pope, who usually had his hand in all affairs, interpos- ing for the most part, therefore I shall in this give you the story of this superiority, by acquainting you with what antiquities and histories I have met withal on the one side and the other. And though the question seem not unlike the game of the Scottish and English, I shall carry it on according to the truth of the matter ; in fact, as it doth appear to me, as well out of the Scottish as English stories — non partis studiis agininr. ' Sic. Mulbery or Mulbury-Hall (part of the prebend of North-Newbald) anciently stood on the east side of Stonegate, towards Grape Lane. The devisor's name is Honyngham, or Hovyngham. For in. 40 read m. 24. - Stonegate, anciently Staynegate, fronts the south transept door. It is said that this name was given to it because of the vast quantity of stone led through this street for building the cathedral. ' Ought is used here in the sense of to owe (A.-S.). Becon has "A certain King, which, when he called his servants to accompt, had one brought unto him which ought him ten thousand talents." ■* In Libra de Homines, a book written by a learned Scotchman, G. Buchanan Hector Roethius.— T. W. John Fordun Quoted. 189 I shall first begin with the Pope's bulls and letters in this case, which were in the Archbishop's Records at York. I confess I have not seen the things themselves, but only some extracts out of them. (1) Inter Archiva Ecclesiae metropoliticae Eborum, p. i,f 21 (there is) a bull of Pope Calixtus to all the Bishops of Scotland to give obedience to the Metropolitical Church of York. (2) The Pope's letters of the subjection of the suffragans, which seem to be Durham and Scotland. (3) A letter of the King of the Scottish I.sles that his Bishop should be consecrated of the Archbishop of York. This was Comes Insularum or Orcaduvi. (4) A bull of Calixtus II about the contention of the Primacy. (5) A letter of Pope Calixtus II, directed to the King of Scots, that all the Bishops of Scotland should be consecrated by the Arch- bishop of York. (6) A letter of David, King of Scots, De siibjectione episcopi Candidae Casae, which is Whithern or Galloway. (7) A letter of the Pope directed Episcopo Candidae Casae. (8) Pope Clement III, in a letter to the King of Scots, concerning the subjection of the Churches of Scotland to the Archbishop of York, doth declare that the Scottish Church, being a special daughter of the See Apostolic, ought immediately to be subject to it, and ordains the same, and threatens the offenders with many maledictions. (9) At the council held at Northampton in the year 1 176, William, King of Scots, did, by the command of King Henry II of England, resort thither with the Bishop of St. Andrews and other Bishops and Clerks of Scotland. And there. King Henry II of England com- manded them, by the faith they did owe unto him, that they would perform that subjection which they ought and wont to do in the time of his predecessors, Kings of England. To which they answered that they never did nor ought subjection to the Crown of England. Roger, Archbishop of York, replied that the Bishops of Glasgow and Whithern were subject thereunto, in the time of his predecessors, as he could show by several bulls and privileges from the Pope. I have this out of a Scottish MS.,' which I rather follow than the ' This is abstracted from John Fordun, who probably died about 1384. His works are Chronica Gentis Scotorum ; Gcsla Aiinaliit ; and certain notes or materials preser\'ed in some of the MSS. Kordun's Chronicle was continued by Walter Howmaker or Bower, Abbot of Inchcolm, who died in 14 19. The Scoti- Chronicon, sift Scotorum hisloria, was printed by Gale in Keriim Ani^licarum Scriptorum Veterum, vol. iii, pub. 1691 -about thirty years after Sir Thomas Widdrington had completed his work. It was again printed by Hcame in 1722 1 90 The Speech of Gilbert. English historians in tills particular, because I would not do this noble young priest any wrong in the relation. At this Northampton Council, in the year 1 176, in the time of King Henry II of England and William I of Scotland, there were present, as also both the Arch- bishops, the clergy of both nations. One, Gilbert, a noble Scotch priest, being touched with some words that were spoken against the Scotch Kirk, grew as red and hot (as the Scotch story saithjas iron in the fire. And when he stood up in that great council, some of the English whispered that his face was of brass, and said amongst themselves that the young Scot had taken pepper in the nose. But he, with an undaunted spirit and countenance, broke out into an oration to this effect in his own language, but rendered here in substance in the English dialect : — " Most noble Kings, most Reverend Eathers, and Honourable Lords ! And because you are really so, I may justly be charged with rashness, folly, and presumption to speak in this matter, which is so weighty, and before you who are so great, and wise, and learned. The matter indeed doth as much transcend the narrow limits of my know- ledge, as your fatherhoods doth me in knowledge, }-cars, and experience. I am conscious to my self that I may seem to be arrived at the same degree of folly that he was in, who adventured to speak of seats of war before Hannibal. And I am sensible that whilst I speak I stand upon English ground in Northampton, the very navel and centre of England, and yet I must go upon Scottish principles. I see all these disadvan- tages, and there be others which peradventure I see not, yet speak I must, for who can be silent when the rights of his native country, his dearest Ithaca, are in question ? " O noble nation of England ! must all the Kirks of Scotland be subjugated to that of York ? This you can never do by solid arguments, set aside your strength of arms, and the fullness of your coffers, in which you too much confide. You will find by good and ancient records and evidences that the Church over which j'ou would rant and domineer is more ancient than your own, nay, the mother of yours ! It was this Church which first reduced your Kings, Princes, and people to the Fold of Christ, that washed them first in the laver of Baptism, instructed them in the commandments of God ; nay, did consecrate and ordain your Bishops and Priests for the space of 30 years or more, and had the Primacy of all Churches north of Humber (5 vols). There is a modem edition by W. F. Skene in The Historians of Scotland, pub. 1 87 1. It would serve no useful purpose to discover the particular MS. used by Sir Thomas. There is a MS. of Scoti-Chronicon in the British Museum (Royal Library, 13 EXj. There Fordun is described as capellanus ecclesiac Aberdoiiensis. Archbishop Rocrer. tgl as your pwn Venerable Bade confirmeth. What retribution are you framing! j-q u^ ? \Yill you make us your slaves who have been your spiritual guides and saviours? We expected grapes from you, but they arc very sour ones which you would obtrude upon us ! We might justly have expected justice, and we hoped for righteous judg- ment, but the wormwood of injustice is appearing ! What gratitude is it to requite all our favours with injuries ? The more we have given the more we are hated. He that loads another with bounty makes him his greater enemy. We may, as King David formerly, complain that you render unto us evil for good and hatred for our good will. You now endeavour to take that from us which is our due, and to impose that upon us which is not yours. I am a real tribune of the liberty of the Scotch Church. And if all the clergy of Scotland should be of a contrary opinion, yet I shall hold mine, and would be a dissenting brother. I do here instantly appeal to the Pope, to whose precepts only the Church of Scotland is subject. I would, if occasion required, submit my head to the block in this question and become a martyr. I do not think it fit, nor consent that we consult further in this business. It is the plainest and most honest course to give a very quick denial to unjust demands that we may not deceive the expecta- tions of them who would subjugate us 1" When Gilbert had concluded this passionate and confident oration, the Englishmen spake variously of him amongst themselves. Some said he was a bold and impetuous Scot. Others said that he spake for his countr)', and Decorum est pro patria loqitt.'- Roger, Archbishop of York, whose particular cause this seemed to be, put an end to the Assembly, and, laying his right hand upon the head of Gilbert, with a pleasant countenance, though much displeased, said, " Well shot, Sir Gilbert ! But these arrows came not out of your own quiver !" Gilbert went home. William, the King of Scots, did make him Chamberlain or Chancellor of Scotland, and afterwards Bishop of Caithness.^ And he was after his death reputed a saint. The Scottish history laycth the burthen of this question upon this Roger, then Archbishop of York, being puffed up, as they objected, with pride, for that he was u.sed in the coronation of the young King, in contempt of his primate, as they called him, Thomas Bishop of Canterbury, that he thought all was not well unless he could command the Kirks. Thus far goes that history. ' Framing, a Northern word, meaning to attempt. ^ " It is befitting to speak for one's country." » This is not likely to be true. The council which Gilbert addressed was held 1 176. St. Clilbert, the Dishop of Caithness, did not die till 1245. 192 Homage of William of Scotland. (10) In the meantime, by the death of the Bishop of Glasgow, one Angclram was elected into that sec, and consecrated by Pope Alexander III, which the said Roger took not well, for he, relying upon the help of his young Henry, gaped at the superiority over all the Bishops of Scotland. Having clancularly gained a legation from the Pope, he came in great pomp to the castle of Norham-upon- Tweed, and sent to the Bishops of Scotland to wait upon him as the Pope's Legate. Angelram, a bishoji elect, and the King's Chancellor, did take this in foul scorn, and being assisted by some of his brethren of Scotland spake boldly to the Legate, " Why do you so presume upon your clan- destine honour to usurp upon us ?" And they fell into a hot debate. But the Scots at last appealed to the Pope. And after, Angclram was consecrated by Pope Alexander III. I will give you the words of the Scotch historian : " Ad confusionem maximam Anglorum et ad Scotorum gloriam inestimabilem."^ For I am resolved to carry myself swimmingly in the controversy between the two seas. "Andreas Petrusque mihi discrimine habentur Nullo."- (11) Poi)e Innocent HI writes in a letter to William, King of Scots, according to the example (so he writes) of his predecessor, Pope Celestine HI, wherein he declares that the Scottish Church, a special daughter of Rome, was and should be immediately subject to the See of Rome, and concludes with a curse against the infringers. This is the like bull, at large, of Pope Celestine in writing, also with a curse. This bull was granted in the year MCC. (12) It appears by the Pope's letters, written to King Edward 1 of England, that the Archbishop of York did claim to be Metropolitan over the Prelates of Scotland, but could never obtain any sentence for him therein. In answer whereunto, King Edward I did write amongst other things, that "in the 20th year of King Henry II, William, King of Scots, began to rebel, came with a great army into Northumberland, and committed great outrage and spoil there. The knights of the County of York did come and oppose him, and did take him prisoner at Alnwick, and sent him to King Henry. And after- wards at York, 17th of the Kalends of September, by the grant of the Prelates, Earls, Barons, Lords, and other great men of Scotland, did recognise by Letters Patent unto his liege lord, Henry, King of Eng- land, the son of Maud the Empress, that he, his heirs and successors, ' " To the greatest confusion of the Enghsh, and to the inestimable glory of the Scotch." - " Andrew and Peter are esteemed by me with no difference." Letter to the Pope. 193 Kings of Scotland, the Bishops, Abbots, Earls, Barons, and such other men of Scotland as King Henry should desire, should do unto the King of England fealty and allegiance as to their liege lord, against all men. And in token of that subjection, the same King William did offer scabellum, lance, and saddle upon the altar of the Church of St. Peter at York, which there remain, and are preserved to this day. And the Bishops, Abbots, Earls, and Barons of Scotland co7iventionaveriint, as the word of the history is, did covenant and agree with King Henry and Henry his son, that if the King of Scotland should recede from this convention, they would hold it with the King of England as with their liege, against the King of Scotland till he should return to his fidelity." This composition Pope Gregory IX did, in divers letters written to the Kings of England and Scotland, command to be firmly observed. In these letters are also contained that William and Alex- ander, Kings of Scotland, did their liege homage and fidelity to John and Henry, Kings of England, and that the King should do his homage accordingly. (i3j Pope Clement IV, writing to the King of England for John, Bishop of St. Andrews, who was e.xpulsed out of his bishopric by the King of Scotland, says that he should admonish and draw him, and, if need be, compel him by his legal distress, that he ma\- remit all rancour to the Bishop, and permit him to enjoy his bishopric in peace. After this convention, the relation whereof is taken out of the Scottish story before mentioned, the King of England, the King of Scotland, and David his brother, the Bishops, Earls, and Barons, did in the Church of St. Peter at York swear to observe it. And, after William, King of Scots, came, by the command of the King of England, to the meeting of Northampton, as before shewed. In pursuance of this, in the 4th year of King Edward I, William, King of Scots, did write to the Pope in this manner :— Ex Registro tte Giffard, fol. 116: — " Reverendissimo Domino suo et Patri A[driano] summo Pontifici W[illiclmus] Dei gratia Re.x Scotiae salutem ct dcvotam revcrcntiam. Novcrit E.xcellentia vestra quod de subjectione Ecclesiae Scotiae, quam Eborum Ecclesia antiquo jure sibi vendicat, tam ex scriptis autenticis quae inspexi quam ex relatione et tcstimonio virorum aiitiquorum et juridicorum dili- genter veritatem investigando compcri, quod antiquis tcmporibus ad Eborum Ecclesiam de jure pertineat, et (juod possessionem ejus hostilitate et potentia Regum praedecessorum meorum amiserit. Sed jam pergratiam Dei inter Dominum meum Rcgem Angliaeet me pace impcrpetuum rcformata, supplicitcr postulo quatinus Domino mco Rcgi et regno suo ct Eborum Ecclesiae pracdicta[m] pos.scssionem ct sub- O 194 Letter to the Pope. jectionem vestra auctoritatc omni occasione et appellatione remota, rcstitui et redintegrari praecipiatis. Nee sine maximo damno meo et terrae meae detrimento deteriorari potest quin ita fiat, quoniam pace rcformata inter Dominum meum Regem et me convenit et illud idem juramento firmavi. Scio enim quod in maximum dampnum animarum nostrarum rcdundaret, si id quod pro certo scimus competcre debcre, cffcctui non manciparetur. Valcat semper Sanctitas vestra."' But being resolved to conceal nothing in this cause, on cither side, I shall tell you that I have seen a tractate in Latin," written by a learned Scotchman, in the reign of Queen Mary or James VI of Scot- land. It is intituled thus : Dc Hominio dispiitatio adversus eos qui Scotiam foedujn ligeuiH Angliae asserunt ;^ wherein he handles this present question rhetorically and sharply, and he flatly denies this superiority of the Archbishop of York, and inveighs stoutly against Geoffrey Monmouth, H. Huntingdon, Malmesbury, Hoveden, Mathcw Paris, Mathew Westmin.ster, Florence Worcester, Thomas Walsing- ham, and Hollingshead. I forbear to relate his arguments, because they are long, and most of them are otherwise named in this chapter. I shall also acquaint you with what I have by the help of a worthy friend out of Benet* College Library, in Cambridge. 1 "To his most reverend Lord and Father A[drian], the Supreme Pontift", W[il- liam] by the grace of God King of Scotland, greeting and devout reverence. Be it known to your Excellency that by diligently seeking out the truth concerning the subjection of the Church of Scotland, which the Church of York claims for itself by ancient right, as well from authentic writings, which I have examined, as from the relation and testimony of men of ancient times and learned in the law, I have found that it belonged by right in ancient times to the Church of York, and that it (viz., the Church of York) lost possession of it through the hostility and power of the kings my predecessors. But now, since by the grace of God a perpetual peace has been re-established between my Lord the King of England and me, I humbly pray you to command with your authority that the aforesaid possession and subjection be restored and made whole again to my Lord the King and to his kingdom, and to the Church of York, without any hindrance or appeal. And the eftect of this cannot be impaired without very great loss to me and damage to my land, since (peace being re-established between my Lord the King and myself) it both befits me [to fulfil it], and I have bound myself by oath to do so. For 1 know that it would redound to the utmost harm of our souls if that, which we know for certain is justly due, were not carried into effect. May your Holiness ever be well." - MS. De Hominio Disputaiio per Scotuni Anonymum, c. 25 et 26, p. 183. — T. W. ' " A Disputation concerning Homage, against those who assert that Scotland is the Lawful Fee of England." * Corpus Christi College, at times called Benet College, because of its nearness to the Church of St. Benedict. The manuscripts of Eadmer are preserved here. Letter to Eadmer. 195 The title is — inter opuscula Edmeri Cantoris* — Epistola Nicholat, quae sic incipit : " Electo per Dei gratiam in Sancti Andreac Cathc- dram Edmero suus Nicholaus."- A little after the beginning he writeth thus : — " De Eboraccnsis autcm Ecclcsiae Primatu super Scottos unde interrogasti, nulla est authoritas, nulla ratio vel exemplum patet quod hoc astruat, quippc cum Eboraccnsis Ecclesia fidem et doctrinam Christianitatis necnon et Pontificum consecrationcm a Scottis sacpenumero mutuaverit, Scotti vcro ab ipsa nunquam practer quod in Thurgodum actum est. Nam postquam Eboracenses a fide aposta- tantcs primum Pontificem suum I'aulinum a Cantia eis ordinatum cxpulerunt, Sanctus Aidanus Scottus et a Scottis destinatus et ordinatus fidem Christi fideique Sacramenta toti Northimbriae strenuus invexit ; deindc ejus successores Eboraccnsis Ecclesiae Praesules usque ad quartum omnes a Scottis ordinati imbuti et illi Ecclesiae dcstinati sunt. Unus etiam ex eis propter suam indiscretionem inutilis illi Ecclesiae judicatus, ab ipsis Scottis depositus est. His omnibus Sanctus Beda attestatur in Historia Anglorum. Praesulem vero seu Doctorem aliquem Scottis destinatum vel ordinatum ab Eboraca nulla docet Historia nee etiam fabula practer supradictum Thurgodum. Cesset ergo Eboraccnsis Ecclesia Primatum Scottiae sibi vcndicando appetere, quem si haberet cum praesul Sancti Andreae summus Pontifex Scottorum appclictur, summus vero non est nisi qui super alios est, qui autcm super alios episcopos est quidem Archicpiscopus est licet barbaries gentis Pallii honorem ignoret; si inquam super hunc qui summus vocatur Pontifex .suae gentis, praelationcm haberet praesul Eboracae, jam non tantum Metropolitanus, imo Primas esset alterius etiam Regni ; quod nusquam legitur."^ ' Sir, for Cantuariensis. 2 The title is (among tracts of Eadmer the precentor) A Idler of Micholas, which begins thus : — " To Eadmer, elect by the grace of God to the See of St. Andrews, his own Nicholas." ' " I5ut in regard to your question concerning the Primacy of the Church of York over the Scots ; no authority exists, no reason or example is apparent, in support of this— on the contrary, the Church of York has frequently derived the faith and doctrine of Christianity, and also the consecration of bishops, from the Scots, but the Scots from it never, except what was done in the case of Turgot. For when the men of York, apostatizing from the faith, had expelled Paulinus, their first Bishop ordained to them from Kent, St. Aidan, a Scot, and appointed and ordained by the Scots, zealously introduced the faith of Christ and the sacraments of the faith into all Northumbria ; then his successors in the see of York, down to the fourth, were all ordained, anointed and appointed to that Church by the Scots. One of them indeed, being judged unserviceable to that Church by reason of his indiscretion, was actually deposed by the Scots. To all these things St. Uede O 2 196 Bishop Turgot. Now in respect that Turgot^ is named and seemed to be blamed by this epistle, I shall shortly tell you that story. This Turgot, whom I acknowledge for an Englishman, was Prior of Durham, and was made Bishop of St. Andrews in the year 1 109, and consecrated by Thomas, Archbishop of York, and continued there twenty-five years.* This Edmerus^ was also an Englishman, a monk of Canterbury (Harpsfieldii Historia, fol. 278),* and as Mr. Selden^ in his Edvierus bears witness in the lUstory of the English. But neither history nor even fable teaches that any Bishop or teacher was ever appointed or ordained from York to the Scots, except the above-mentioned Turgot. Let the Church of York, therefore, cease to claim the Primacy of .Scotland ; for if she had it, since the Bishop of .St. Andrews is called the supreme pontiff of the Scots, but he only is supreme who is over others, and he who is over other bishops is an Archbishop, even though a barbarous race ignore the honour of the pall ; if (I say) the Archbishop of York had prerogative over him who is called supreme pontiff of his nation, then he \sc. the Archbishop of York] would be not merely Metropolitan, but even Primate of another kingdom ; which is nowhere recorded." ' Of the initiation of this Turgot, see the annotations of Picardus Bellovacensis to the epistle of Anselmus, written to Thomas, elect Archbishop of York, lib. in, Epis. 149. — T. W. Vide ayite, p. 9, note 7. - Stubbs, De Vitis Archicpisc. Elwr., fol. 1712-13.— T. \V. ' Eadmerus, or Edmer, the friend of Archbishop Anselm, was selected by Alexander, King of Scotland, for the archbishopric of St. Andrews in 1120. His historical and biographical works are highly valued. The eulogy passed upon him as a historian by William of Malmesbury is well known {De Gest. Pontif.). His chief works are : I. Historia Novorttm in Anglia (edited by M. Rule in Mevi. and Chron.) \ 2. Life of St. Anselm (pub. Antwerp 1 551) ; 3. Lives of St. Uunstan, St. Oswald, St. Bregwin (pub. by Wharton in Anglia Sacra) ; 4. Life of St. Wilfrid (pub. by MabiUon in Act. Ord. Bened.). ■* Nicholas Harpsfield was born about 1519, and died in the Tower of London under arrest in 1575. As an ecclesiastical judge he is reputed as having been extremely severe with those charged with heresy. He was diligent in the employ- ment of his pen, and the following of his works have been published : i, Six Dialogues (in favour of the Papal primacy, monasticism, etc.). This work was written in prison, and published by Alan Cope at Antwerp in 1566; 2., Historia Angli- cana Ecclesiastica in quindecim centiirias distributa (pub. 1622) ; 3, A Treatise on the pretended divorce between Henry VHI and Catherine of Arragon (pub. 1878). '' Selden edited Historia Novorum from the Cotton manuscript in 1623. The title is as follows : Eadmeri monachi Cantuariensis historiae novorum sive stii saeculi libri vi., res gestas . . . sub Gulielinis I et II et Henrico /. Angliae regibus, ab anno neinpe salutis MLXVL ad MCXXH. potissimum complexi. In lucem ex- Bibliotheca Cottoniana emisit \. Seldenus, et notas porro adjecit Spicilegium. (Meighen and Thomae Dew : Typis et impensis Guilielmi Stanesbeii, ex officinis Richardi, Londini, 1623). Edmerus. 197 writes, Abbot of St. Albans.^ This man, upon the recommendation of Ralph, then Archbishop of Canterbury, in the year 1 120, Alexander I, King of Scots, surnamed the Fair, did make Archbishop of St. Andrews. And there being at that time, as frequently there was, some difference between the Archbishop of Canterbury and Thurstan, Bishop-elect of York,' this man being made Bishop by the favour of Ralph, Archbishop of Canterbury, was desirous to be consecrated by him, and not by Thurstan elect of York ; upon which occasion it seems that he had written to the Pope, which occasioned the above-mentioned letter. The result at this time was, the King of Scots being afraid of Henry I, King of England, that Edmerus received not consecration at all. (Edmeri, Htstona, fol. 130-133.) But upon this and some other displeasure arising between him and the King, he laid down his elec- tion, he delivered back his ring which he had received from the King, and laid down his crozier upon the altar. (Archbishop Spotswood's History, fol. 33-36.)* One Robert, Prior of Scone, was elected the Archbishop of St. Andrews, and he received benediction at the hands of Thurstan, Archbishop of York, and reservation of the privileges of both churches. Now for the e.xercise of this supremacy : though it past not without opposition, yet our English historians make frequent mention of it. In the time of Alexander, King of Scots,^ this question was set on foot concerning the confirmation of the Bishop of St. Andrews, and his confirmation was deferred for a year or more. At last the King of Scotland did desire King Henry of England to command the Arch- bishop of York to consecrate him without any exaction of subjection, sak'a utriusquc eccUsiae aut/torttate.'' Eroderoth, Bishop of St. Andrews, did by the counsel and com- mand of Malcolm IV, King of Scots, and of Margaret his wife, confess his fault that he was consecrated by the Scots, and not by the ' This is a palpable mistake. Eadnicr, Abbot of St. Albans, died in 980. Leiand, Bale, and Pits all fall into the error of confounding the Archbishop-elect of St. Andrews with the Abbot of St. .Mbans. ' Polydori Yirgilii, Hisloria Anglicana, fol. 136.— T. W. SeeAin(5i't.tj|fe meinoraniu' » _pAftniniAlent- ^•^-— ■■-- » i^iiv,iipdt\rr iiilo'cofibipitriiLccro'l . • XJpc fncanTC7«3o:'«iuir dcpofico ^, i qcfmnicliQr AppidLtf ramfrakiT- ; % "—• •''5-'— '— »''-^-~f^« "-■'-'^■^i ' cciiicioiflujuiititTcfminuAppTD / pmqium • qcffiemo irurcilti) porrfif ], eiunea"--6^rirruiTnq.iirfTTC|urTTf * drtiin- noWifrumi- notilica •nmerido dm- Ac TTunddtaf diendc>T)inarairmcnrnunnuf tTiowinpfttirKldiaTnefiqr; ^^ iMCxmnenfjrmonalrrni- fu/li^^ .WmrTrfTur ftjual/r- dfif^"'^"^ d^nm- PCD cxomrrrr • quernpJt* , niiTTnurcnmfrfcopleconuLucc ad^iic dm confiimamir -Ifidic^ mox cjiifjm Tin adumt ■ qavyv^ canuf honcK dno-^'i uir dfii o6 VMAlDyS corn^fir (cti poen^if fie cuaficpiailij manf Aftjiprum pnanfienfltuxurT' concunf bicTO lolimC bcnafliTne ciuitanrppKi- num Jioftcm (Voccmxii ei tnceirain - tfrft^milit): coruzTtKjriiu ddpcxqiii iienenanrpiadiloTup»~r- (piaibr (St'dmifeaTionJfra. "'=I!Ii mci drtidAnuerremn crumcin vHunc (upfion monrirculjnmfcir utcroi. dcmuplx» caionaaif ^tniftco Liu - ro-podoe ueftnuTafwr^io • Oidir mfiCTuf opmnt: ^audium quod tna3irwri^icend6i^hitrrh.vncaiAii^ iMbArquodqudtuirQiicfiiJit Ain ncmclmicntr requiem aniniJ^"'^ ufccmdcnduTTir atru-TTC nimiLic A FOLK) FROM I'HE BIOGRAPHY OF ARCHBISHOP OSWALlJ Bv A Saxon Siriue. (See p. 203, Note sJ Ol>p. p. 20 Si. Egbert. 203 hermit at Harneshalg, upon Tyne bank, near Hexham, in Northumber- land. He was a great favourite of King Alfred (the Wise). After the resignation of his bishopric he lived privately at his college in Beverley, where he died the 7th of May 72 1, and was buried in the church porch of that college, which King Athelstan' made a sanctuary for his sake, and placed a chair of stone in the church there, with this inscription : " Haec sedes lapidca dicitur Freed-stol, id est Pacis Cathedra." - In a convocation held at London in the year 14 16, the day of his death was appointed to be kept holy yearly in memorial of him. (5) St. Egbert, brother of King Eadbcrt,' was the seventh Archbishop. The famous Alcuinus, of whom I shall speak in another chapter, was his scholar. He erected a famous library in this city, of which I have said more in another place. He wrote many books himself You may see the catalogue of them in Baleus, De viris illustribus.* (6) Oswald, the 19th Archbishop, was made so in the year 972 by King Edgar. He was the first founder of the Abbey of Ramsey,* in the Isle of Ely, a great patron of monks, and a terrible persecutor of married priests. trinis accurate institutus a summo Doctore sunimum conscendit apicem philoso- phiae." ( Vila Sancti Jokannis, cap. i ; Hist. Ch. York, p. 244.) This life also appears in Migne, Patrologiae Cursus Completus, etc., vol. xlvii. ' Dodsworth, Moniist. Anglic, fol. i6g, ex libro incerti authoris. — T. W. The Monast. Anglic, first appeared as the joint work of Dodsworth and Dugdale. See p. 97. - See p. 183. As an illustration of tlie stirring events which have transpired in connection with sanctuary 3.\. IJeverley, reference may be made to an incident which occurred in the reign of Richard II (i377-i399)- '" 1385, during an expedition against the Scots, King Richard lay with his army at Bishopthorpe, near York. In a brawl. Sir John Holland (half-brother of the King) unwittingly slew Sir Ralph Stafford, the eldest son of the Earl of Stafford. Holland took refuge at Heverley ; but Richard deprived him of his estates and offices, and banished him from the kingdom,— reverses which so affected his mother (Joan, the Fair Maid of Kent) as to cause her death. Later, Holland was pardoned by the intervention of the King's uncle, John of Gaunt, Duke of Lancaster. ( Vide Stowe, Hollinshead, and Knighton.) ' We have many touching and beautiful pictures of the lives of these noble brothers. "A. 738. After four years, Eadbert succeeded to the kingdom of the Northumbrians, and his brother Egbert discharged the archiepiscopal office ; and now they both lie buried in the city of York, under the shade of the same porch." —Ethelwerds Chronicle, c. xv. * Includingepistles, commentaries, also dogmatic, liturgical, and poetical works, with miscellaneous writings. .See p. 42. ' A biography of Archbishop Oswald, written shortly after his death by one 01 the monks of Ramsey, lies in the British Museum. It is an excellent MS., cover- ing 21 folios of vellum. Nero. E. i. 204 '5'/'. William. William Malmesbury reports that the day before his death he told divers of his friends that he should die. He died, kneeling down to pray, the 28th of February, 992, and was buried at Worcester in the church which he had built. ^ Many miracles are reported to have been done at his tomb, and he was reverenced afterwards as a saint. (7) William, the 30th Bishop of this Sec, gained the name of Saint William. This William was son to Emma, King Stephen's sister, by Earl Herbert, poisoned, as it was thought, in the sacrament. I'olydore Virgil reports of him that passing over the the bridge of Ouse — some say of Pontefract — when he came to York, the bridge being then of wood,- the number of the people was so great that came to honour him, that it brake just as the Bishop was over, and many fell into the water. But by the prayer and blessing of this holy man they were all preserved from drowning. He died the 8th day of June, 1 1 54, and after his death was canonized for a saint, and the yearly day of his death appointed unto the celebration of his memory.^ Many miracles are reported to have been wrought at his tomb in the Cathedral Church at York. I doubt not but that this Saint William of York was as good a saint as St. Thomas of Canterbury, and his miracles as creditable as those of Saint Dunstan, another Archbishop of Canterbury, whose harp, hanging upon the wall, did play by itself : — " St. Dunstan's harp upon the wall fast by a pinn did hang Without man's help, with lye and all, and by itself did twang." Fox, Martyrs, vol. i, fol. 220. Though some write that St. Bernard procured the deprivation of this Saint William, I thought to have inserted the instrument of his canonization, which was done by Honorius, and which I had out oi Magnum Registruni Album, in the Archbishop's Registry at York. The title of it is thus : — ' Oswald was appointed to the see of Worcester in 961, and was translated to York 972. ' The first stone bridge was built 1235— 126S, but there is no documentary or contemporaneous evidence of any kind concerning its foundation. It is conjec- tured that the Chapel of St. William was built at the same time as the bridge. See p. 174, note 4, and the references given there. Cave {Picturesque Buildings) suggests that the chapel was built in two portions at different dates, as there were two distinct styles of architecture in the building. ' An interesting testimony to the esteem in which he was held is seen in the fact that his figure was frequently reproduced in the old glass of the city churches. Cardinal Bainbridge. 20: Sequittir litem Papalis cum filo de serico et vera bulla btdlata super Canonizationem Sancti Williclmi} But it is too long, and therefore I omit it.= 2. Some of the Archbishops were Cardinals. I go now not by reality of honour, but by the esteem which was then of Cardinals, for I remember what Chaucer saith .•■' "i!rf)r)) mafern prisons' for tfjr Dfnnij, Jlnb tffnnons of' firr yTartinals, ' ^Innrtfjrs amonost linn all is anp iTfiaf l)r iif liatl) glossrt H)f (5osprl fals. ,iFor ''''■, for autem. ' " But lest you should be in ignorance concerning us, [I tell you that] we do not wish, we are not accustomed, we are not able, we ought not, to domineer in discourses. We preach not ourselves, but Jesus Christ, and [we declare] ourselves your servants for the sake of Jesus. Our ministry is not lordship, nor is your lord- ship a ministry." ■• " You, Campian, you domineer, not only in discourses, but over the consciences of men." ^ He was born 1552 ; appointed Regius Professor of Civil Law by Queen Ehzabeth 1587 ; died 161 1. He produced many works, the chief being De Jwe Belli Commcntatio. " Albericus Gentilis, A. G. ... ad Tit. C. de malejicis et math, et cetet . simili- bus commentarius. Item argumenti ejusdem commentatio ad L. Hi. C. de professorib' et. medic. (Hanoviae, 1604). " Sic, for abducto. '...." Who, I pray, is there (he says) who competes with thee in the contest for universal applause and glory ? 1 do not assert my own unsupported opinion, but proclaim with others an undoubted truth ; and I complain that deprived of thee, beyond compare the greatest and brightest light of this Academy, we are left S/. Jionaventura. 211 His library of many ancient books — Fathers, Schoolmen, His- torians, and all sorts of learning — was, after his death, brought to the Minster of York, ami there is kept as a library serviceable to the use of such scholars as will repair thither, which, though it be a good gift, yet it doth antiquuni reuovare dolorem to remember by this that pile of books in Alcuin's time, under Archbishop Egbert, when York was a little Athens, and as famous for many students as books. Bonaventura,' the great schoolman, is said by the Italians to have had the Archbishopric of York given him by the I'ope about 1274.- Besides Onuphrius Octavianus de Martinis, Advocate Consistorial of the Pope's Palace, in his oration upon the life and merits of Bonaven- tura, saith, " Clement the Fourth preferred him to the rich Arch- bishopric of York, but he could not effect it that the holy man would accept of that promotion, resolving to keep his more private and religious monkish life." And at the end of his book called Luminaria Ecclesiae, it is writ, " Before he had finished his sermons of the vision of the 5th day, he was called by Pope Clement to the Archbishopric of York." But yet, good man, as devout a monk as he was to refuse a Bi.shopric, it never hindered him to receive a Cardinalship, which is more Arch than a Bishop. And yet he was made bishop too — Episcopus Albanensis. He must needs after his death be sainted and canonized, and good reason if they could make that true which Alexander Ales, his master, used to say of him, " Verus Israelita iste est, in quo Adam non peccasse videtur."^ almost in darkness— half our lijjht, at all events, is cxtinguislied ; that since thou, the most eloquent of all, hast left us, this Academy seems to have almost become dumb." ' This paragraph appears twice in the MS. St. Bonaventura (Giovanni Kidanza), b. 1221 ; elected general of the Franciscan Order 1256; created cardinal by Ocgory X ; d. at Lyons 1274. Mis writings were prized by Martin Luther. ' Sic. Clement was pope from 1265 to 1271. 1270 may be read as an approxi- mate date. ' " He is a true Israelite, in whom Adam seems not to have sinned." P 3 CHAPTER XIII. t^t ^tan an^ C^apttx of ^t ^tkxB of ^ora, * ♦ \i E Dean and Chapter had, formerly, the name of the Dean and Canons, but the possessions, then and afterwards, were the same under the different names of the body. At first, the possessions were joint, and all were maintained out of the common dividend ; and as they had one purse, so they had one common hall and diet. I read that the lands were first divided unto prebends by Thomas fSein'or), a Norman Archbishop of York, in the year 1070.* He came there in the troublesome times of the Normans and Danes, at the first entry of the Normans, between whom the City and Church were wasted as by the cankerworm and caterpiller. The Archbishop found but three Canons in the place— the rest fled or dead. And afterwards- he erected a new Minster, built a hall, and a dortour.^ He thought good to divide the lands of St. Peter's Church unto prebends, and to allot a particular portion unto each Canon.'* I find an exemplification of their charters in the time of Henry HI, and their privileges were great. King Henry I granted the first Charter unto them (I speak of the time since the Norman Conquest). All former charters, both of the M i w^ ^ See page 159. ^ Goodwin, Catalogue 0/ Bishops, fol. 451. — T. W. ' Dortour, dortoure, dortor, dorter, or dortoire := the sleeping apartments of a monastery, etc. * Vide Stubbs, col. 1 708-9. Charter of Henry II. 2 1 3 city and Dean and Chapter, were burnt in the general flame of the city in the Conqueror's time, as I have before shewed. This charter of Henry I is not extant, at least I have not seen it, nor doth it other- wise appear than by an Iiispexiiiiiis^ of later time. Henry II granted and confirmed their liberties, granted unto them by ancient kings and archbishops, first mentioning those given by King Edward, and Archbishop Alfred." Many of their privileges are mentioned in that Charter of King Henry II, which I shall give you as succinctly as I can. (i) Any person, convicted or guilty of any crime, shall not be taken or arrested by any person infra atriutn Ecclesiae? The person that takes him shall make amcmls by the universal judgment of the hundred. If he take him within the Church he shall be fined £1200. If he take him within York, ;f XVIII.^ And further he shall do pen- ance as a person guilty of sacrilege. But if any person shall take a man who is in the stone chair near the altar, which is called in English Fridstolc,'' a chair of quietness and peace, this wicked sacri- lege is not to be redeemed by money, and is therefore by the English called boteles!' These amendals belong, not to the Archbishop, but to the Canons of St. Peter "in bird", scilicet, in their domestical and intrinsical family, and called the Canons' Supper, or properly the Table of St. Peter. (2) If ail)- offend in the Church yard, or in the Canons' lands, or if the Canons offend against any there, the forfeiture shall not go to the Archbishop, but to the Canons. (3) The Archbishop, in the matter of the Canons hath only this right, that if a canoti or prebend die, the .Archbishop may conserve the place, but not without the counsel and consent of the Dean and Chapter. (4; If the Archbishop offend against the King, and for the ' Certain Letters Patent, confirming royal grants, commence : Jnsfiexiiiius, i.e., We have inspected. The word has thus supplied a name for such confirmations. ' Archbishop from 766 to 782. ' Within Ihe court of the Church. Churches were anciently divided into two parts— the atrium, allotted to tlie laity ; and the sanctuary, for the use of the clergy. We find the terms in use in the middle of the 6th century. * Sic. Read :— " If he take him within the church he shall make amends by 12 hundredors. If he take him within York by 18 hundredors." Vide Mon. Anj;. (ed. 1817-30), vol. vi, fol. 1 180. '' Sec pp. 183 and 203. • A.-S., /^(7/=compcnsation. The word is one in common use— Ijootless, unav.iiling, etc. 2 1 4 Privileges Enumerated. redemption or pacification thereof money is necessary, the Canons shall give nothing of it against their will. And the money of the Canons, or of their men, shall not be in pledge for the fault or debt of the Bishop. (5) The Canons are to have in their houses and lands, " socam,* saccam,'- toll, theam, intoll, outtoll, and infangthef." The words of one of their Charters go further, and indeed could not well go higher, viz., that they shall have all their customs of honour and libert)' which the King had in his lands, and which the Archbishop held of God and the King. (6) Upon the lands of the Canons of St. Peter no man was to have wapon, chanot, nor tridingmote, nor sheriffmote, but he must sue for his right ad ostiian nionasterii? The reason was, the Canons must not go out of the toll of the bell, that by hearing of that they might at canonical hours return to their devotions. Nay, such reverence was given to St. Peter's possessions in this place, that if any land were given or sold to St. Peter it should not be afterwards charged with soc, sac, toll, or them. (7) If the King did raise an army, there was, for that army, only one man to be charged for all the lands of the Canons, and that man was to carry the banner of St. Peter. And, as I apprehend from the Charter, he was to be captain of the citizens and ensign, and he was to go before the citizens and not without the citizens. (8) The Canons of St. Peter had the grant of King Edward, which I take to be King Edward the Confessor, that none of the King's family or army should lodge in any of the houses of the Canons, neither in the city nor out of it. (9) If any duel be tried at York, the oath ought to be made upon the texts of scripture, and upon the relics of St. Peter, and when the duel is ended the victor shall bring the arms of his conquest into the Church of Saint Peter, and there shall give thanks to God and Saint Peter for his victory. ' " Soke significat libertatem curiae tenentium, quam sokam appellamus." — Fleta. Or, rather, as Skene takes it, De 7'crborum significatione : " Secta de hoiiiinibus suis in curia secundum consuetudinem regni." — T. W. The reference to Fleta is lib. I, c. xlvii (De expositione diversarum libertatum), N. 6. Skene's Ititerpretation of terms is printed with the Laws and Acts of Parliament (Scot.), part v. See nnte, pp. 46, 47. - Sacca is a royalty or privilege touching plea and correction of trespasses within a manor. Vide Kastall, in his Exposition of Words. — T. W. See ante, PP- 46, 47- ^ " At the door of the monastery." Privileges Enumerated. 2 i 5 (10) If the Canons or their men shall bring any cause into the King's Courts, their cause shall have precedency of hearing before others. (11) They shall have all amerciaments /w////«///;/ i-«c7r//«/, and the goods and chattels of persons, outlawed and cundemncd, and fugitives (5 Jul., 37 H. Ill, at Portsmouth). (12) They, and their men, were to be free in city and borough, in fair and market, upon the water and by sea, and in all passage of bridges, and ports of the sea, and that in all places of England, Ireland, and Wales. In all the King's lands and waters they were to be free from all toll and tollage, hidage,' wardagc, passage, pcdage,- lastage, stallage, works, and aids of castles, bridges, parks, walls, ditches, and warrens, of the Royal Navy, building of the King's houses, the work and custody of castles, and from all carriage and summage,' nor shall their carts, carriages, or horses be taken, nor their woods used for any of these works. (13) They are to be free of all gelds, Dane-gelds, fengelds,* horn- gelds, forgelds, penigelds, tithing-peni, hundred-peni, miskenning, chivage, chiminage, and herbage, and from victuals, and tributes, from arms (horse and foot), and from all secular service and exaction, except the service of one ensign according to what is contained in the Charter of Henry I. (14) They arc to be free from suit at county, wapontack, and ' Glossary (par. 12). — Hidaye : a tax levied on every hide of land ; Wardagc : contribution tor the custody of a castle ; Pedage : toll paid by travellers, especially through forests ; Stallage : payment for erecting a stall ; Suminage : a horse-load, or obligation to supply pack-horses, or loll for horses. " " Pedage, a pede dictum est quod a iranseuntibus solvitur." Cassanus, £>e consuetudinibus Burg., p. n8. — T. W. This is an unusual form of describing the work referred to. If there is a reprint under the title given by -Sir Thomas, I ha\e not seen it. The full title is: Chasseneux (li. de), Consueiuiiines Duailtis liiirgitiiiliae ftri-i/iic tctius Galliae, etc. (pub. I6l6). ' 1 cannot remember the word in any book of the laws of England. I5ut suminage seems to be a toll for carriage on horseback.— Crompton,y//r;WjV//Wi 0/ Courts. It is also called a stame, and a seanie, as I hear, in the Western parts, is a horse-load. — T. W. Crompton was a barrister of note (Wood, Al/i. Oxon., vol. i, p. 634). His principal work, above quoted, appeared in 1594, the full title being, LaulhoritU et 'UiisJiilion dus Courts de la Miiiislic de la Koygiie, etc. * Glossary (par 13).— Fengeld : a tax exacted for the repelling of enemies ; Peni : penny ; Miskenning refers to a wrongful citation. This privilege is mentioned as granted by Edward the Confessor to Ramsey Monastery, Men. Ang., vol. i, fol. 237 ; Chivage : payment by a born serf to his lord for liberty to leave his lord- ship ; Chimniage : a toll paid for a road through a forest. 2 1 6 Further Privileges. tithing, and from escape of murder or felony, and concealment thereof, hamsome,' blodwite, fitwite, forstall, leirwite, hongwite, ward-peni, brough-peni, trat-peni, and from all aids of the Sheriff and his ministers, and from scutagc,'- and from assizes, recognitions, and inquisitions, and from all summonses, unless it be for the business and liberty of the Church of York. (15) If the plea be between men of the Church and the Canons themselves, or between their men on both sides, all the men of the Jury shall be of the Liberty of the Church, and of the Liberty of St. Mary's if the other suffice not. If the suit be between the Uean and Chapter, or any of them, or the particular Canons and their men, or any who is not of their Liberty, the moiety of the assize shall be by the men of the Liberty aforesaid and the other moiety of foreigners. (16) The Dean and Chapter shall have their court and their justice, with soc, sac, toll, them, infangthcf, outfangthcf, flemcnfreth, ordel,^ and orest, within time and without, with all other immunities, liberties, customs, and acquittances. (17) If the Dean and Chapter, or Canons, or any of their men, have any action against others, or others against them, that action shall not be held but at the door of the Church of St. Peter, salvis placitis Coronae} King Edward III, by charter, doth declare the words homines suos shall extend to freemen as well as to natives of the Dean and Chapter (15th June, 10 Edward III, at Westminster). King Richard II doth declare that the Dean and Chapter and each of the Canons shall be quiet of murage,'' pontage, picage, pan- nage, and of a certain custom which is called metlagh (20th June, I Richard II, at York). The same King granted that the Dean and Chapter may inquire by their steward of the Statutes of Labourers and Artificers (Jul. 17 Richard II, at Winchester, in Parliament). Henry IV declared that they may do this for matters happening ^ Hamsome, or Hamsoke, is derived from hani^ which in the Sa.xon signifies a house ; and scchcn, w hich is to seek or search : et " significat quietantiam miseri- cordiae intrusionis in alienam domum vi et injuste". Flcta, hb. I, c. 47. — T. W. ''■ Scutage, payment instead of military service, paid by one holding estates by knight-service. ' The right of administering oaths, and adjudging ordeal trials within their precinct or liberty. * "Saving Pleas of the Crown." ^ Glossary. — Murage ; a ta.\ levied for repairing the walls of the town ; Pontage : a ta.x levied for repairing a bridge ; Picage : payment to a landowner for breaking ground to erect booths ; Pannage : payment for feeding swine in a forest. Horn of Ulphus. 2 1 7 in the close, churchyard, and Bedern of the Vicars of the said Church, and in their mansion houses without the close. The Mayor of York and the Aldermen, have the like power within the cit\-. I find that one Ucan of York, in 49 Henry III, had a general summons to Parliament by writ, as Bishops and Barons have (Claus. Rot. 49 Henry III, m. 10, dorso in sedula ; Selden, Titles of Honour, pp. 723, 724). But I cannot learn that ever any other Dean was so called. As their privileges were great, so their possessions were large. I shall not mention them all, but some of them. Ulphus, the son of Thorald, who ruled in the west part of Dcira,' upon some controversy like to arise between his sons, about his lord- ships and seigniories after his death, for they were dividing the bear's- skin in his lifetime, levelled them forthwith ; for he went to York, taking the horn* with him out of which he was wont to drink, filled it with wine, and before the altar of God and St. Peter, kneeling upon his knees, he drank, and thereby infeoffed them in all his lands and revenues. This horn was kept as a monument in the Church till very lately, and it is still extant in the hands of a noble gentleman. I saw it very lately.^ ' Camden, A'r;/., fol. 704. - There is a curious paper, containing considerable information, in Arch., vol. i, pp. 168-182, entitled An Historical Dissertation upon tlie Ancient Danish Horn kept in the Cathedral Church of York. MDCCXVll, by Samuel Gale. ' Sir Thomas evidently doubted whether he was acting judiciously in making this statement, for he eliminates the last two sentences. The gentleman here referred to was Sir Thomas Fairfax, in whose hands the horn was also seen by Dugdale. One would suppose that it might have come into the possession of Fairfa.\ during the civil strife of his day, and several writers have taken this for granted ; but it was not so, for this relic of Sa.\on art was not to be found in the days of Camden. This historian says : " I was informed that this great curiosity was kept in the Church till the last age.' It is probable that it was removed from its rightful place during the period of the Reformation. Sir Thomas Fairfax bequeathed the horn to his son Henry, who restored it to the Minster. The Chapter restored the decorations of it, and added the following inscription :— "CORNU HOC, VLPHVS, IN OCCIDENTAL! PARTE DEIRAE PRINCEP.S, VNA CVM OMNIllVS TERRIS ET REDUniBVS SVIS OLIM DONAVIT. AMI.SSVM VEI. ABKKPTUM HENRICVS DOM. FAIRFAX UKMVM RE-STITVIT. DEC. ET CAPIT. DE NOVO ORNAVIT A.D. M.DC.I,XXV." [This horn, Ulphus, prince of the western parts of Deira, originally gave (to the Church of St. Peter's, York), together with all his lands and revenues Henr>' 2 1 8 Possessions of the Dean and Chapter. Two things appear by this gift : — (i) That it hath been an ancient custom of our ancestors to endow churches with lands and possessions. (2) That the ancient use was not only, as of late, to give seisin and possession by a clod of earth, or at the door, but even by things very heterogeneal and collateral to the possessions given, for it was in this case by a drinking-liorn.' I may call it Cornucopia, or Cornucopy to the Church of York. There is yet to be seen in the church wall of the Minster, under a high window, a scutcheon with si.x lions, and hard by it the picture of a horn in stone.'' Sundry other donations of lands were made to this Church by the Saxon kings, viz., I'ldgar, Athelstan, and others ; as appears by the Couchcr-book of the Uean and Chapter of York, called Magnum Registnuii Album. Some of them are in the Saxon tongue, and some in Latin — the particulars and bounders^ in the Sa.xon tongue, but in an English character. A confirmation was made unto them of one house and five shops, in the parish of St. Dunstan in Fleet Street (Pat. 10, Henry IV, p. 2, m. 3^). This is now Serjeant's Inn."' This was done originally by the will of Dalby, who did devise ;^400 to the Dean and Chapter of York to find a chantry in their Church perpetually, and an obit for the soul of Dalby, and that the chantry priest should have 48 marks yearly, etc. King Henry IV granted licence unto them to purchase the house now called Serjeant's Inn, in Fleet Street, and some houses thereto adjoining, and some other lands in York, ad onera et opera pietatis, in the will of Dalby Lord Fairfax, at last restored it, when it had Ijeen lost, or conveyed away. The Dean and Chapter decorated it anew \.\i. 1675.] For a description of the decorations on the horn, see Pool and Hugall, Vv7k Cathedral, plate opposite p. 191 ; Robert Brown, The Unicorn, a Mythological Investigation (pub. i88i) ; Robert lirown, Remarks on the Gryphon, Heraldic and Mythological {Arch., vol. xlviii, p. 370). ' On this subject there is much scattered information. See Blount, Fragmentu Antiquitatis (ed. 1784), p. 186 ; Pegge, Of the Horn as a Charier or Instrument of Conncyance. This paper is made additionally valuable by being freely illustrated by excellent drawings {Arch., vol. iii, p. i) ; Ellis, Observations on sonic Ancient Methods of Conveyance in England {Arch., vol. xvii, p. 31 1) ; etc. ^ Above the arches of the choir and nave. •* Sic, i.e., the particulars and boundaries of the land. * For m. J read m. 3j. '" This place was afterwaids granted by the Uean and Chapter to Henry VJ, as a residence of the .Serjeants-at-Law, by a lease dated the first day of October, in the 2 1st year of his reign. — Vide Dugdale, The Four Inns of Court, etc., p. 240. Disputes with the Citizens. i \ 9 mentioned to be performed. And they purchased these houses and lands accordingly, and made ordinances how the priest should be maintained, and agreed with the executors of Dalby for finding him perpetually. They received the ^^400, and obliged themselves ac otnnia bona sua ad performanduin, etc. The Dean and Chapter employed ;^8 yearly for the maintenance of a priest, and other sums for the maintenance of an obit. These lands were, in the 1st year of Edward VI, certified to be employed for a chantry, and that the King had it as chantry-land, and gave it to Sir Edward Mountague. All this appeared upon a special verdict in the Court of Common I'leas ;' where it was adjudged contrary to the opinions of Daniel- and Warburton^ (there being five judges then in that Court),* that these lands were not given to the King by the statute of i Edward VI, because there be not any lands given by Dalby, and his intent cannot make a chantry. And the Dean and Chapter did wA make any chantry or appoint any land thereunto, but obliged their goods for the pajment of an annual sum to the priest, and the sum paid is not out of this land onl)-, but out of all their possessions. These large possessions spangled and embroidered, as you sec, w ith great privileges did much elevate this body. It became as much greater than the city of York, as the gates of M Indus were than the city of Mindus. From this root did spring nianj- unhappy difiercnces between the City of York and them. Some of them are mentioned in the book called Magvum Registntvi Album. I hope they shall all now rest in perpetual oblivion. In the year 1275, and in the fourth year of King Edward, son of King Henry, " XV Calend. Aprilis coram Roberto de Nevilj,"* .Alexandro de Kirkton," Johanne de Reygate," Ricardo de Chaccum, and Wiilielmo ' M. 2, Jac. C. li., Ilolloway ct Watkins,— T. \V. = William Uanlcl(U'Anyers): Entered Gray's Inn 1556; Reader 1579; Depniy Recorder of London 1584 ; Serjcant-at-Law 1594 ; Just. C. 1'. 1604.— Koss,yW^« Eng.,\o\. vi, p. 135. 3 Peter Warburton : Member of Lincoln's Inn 1561 ; Lent Reader 1584 ; Virc- Chamberlaln of Chester 1593 ; Just. C. P. \6oo.—/fiit/., vol. vl, p. 195. ♦ The other three were Edm. Anderson, George Kingsmill, and Thos. Walmsley. — Vide Dugdale, Chronica Serifs. » Just. Itin. 1262. Also .Sheriff of \orksWnc.—Voss, Judges Etif.., vol. ii, p. 429. • Sheriff and Escheator of ^■orkshire, 9 Edward I. — Mado.x, Hist. 0/ llit Ex- chequer, vol. ii. p. 175. ' Just. K. U. l2<}').—Foss, Judges En^., vol. iii, p. 14 3- 2 20 Dispute with the Citizens. de Northbrough,! et postea crastino qiiindenac Purificationis Beatae Mariac apud Eboriim", between the Mayor and Citizens and Dean and Chapter an inquest was taken, and charged to enquire of certain articles, which I have seen, and they remain with the Dean and Chapter. But they are too long for this plan. There is mention also made of this inter Annates Monasterii B. Alariae Eborum, ex Bibliotheca Bodlciana Oxon., S°, w. 46. Theol. MS. This was by grand assize of twenty-four knights who are all there named. And the verdict was given up at " Scarthburth" before the King and his Council as is said in Amiales Monasterii B. Mariae E born in. - ' Just. Itin. 1275. — Yo'^.i. Judges Eng., vol. iii, p. 136. ' The articles and judgment, filling twelve folios, are struck out. CHAPTER XIV. t^t ^oBpita^ of ^t Btomv^, an'b t^c J^oepi^af of ^L atic^ofae. I.— The Hospital of St. Leonard. !K JOHN llAWARD'iT/ireeXon,m>,sJo\.220) dotli observe that King William Rufus, of an old monastery in this cit)-, founded a new hospital, and did dedicate it to St. Peter. This afterwards was augmented by King Stephen, and dedicated to St, Leonard,- whose name it hath since then retained, but he did not augment the possessions nor endowments of it, which, besides what they had from the Kings, did by piecemeal arise out of the Treasury of this hospital and grew into a great bulk. They were secular Canons, and did consist of a master and thirteen brothers, four secular priests, eight sisters, thirty choristers, two schoolmasters, two hundred and six beadsmen, and six servitors. It was of Royal foundation, and endowed by the Kings of England of a thrave of corn of every "plow land" in the counties of York, Cumberland and West- moreland.* The following is taken out of the Coucher* of the Hospital of St. Leonard in the library of Sir Thomas Cotton : — ' The historian ; also spelled Hayvvard : b. 1564, d. 1627. Hayward quotes no authorities. ' See p. 113. ' The like of this was done to the Church of Beverley, for King Alhclstan j;ave to the Church of .St. John of Heverley four thravcs of corn of every "plow-land" in the East Riding of Yorkshire. K;V/^ Seldcn : //is/, of Tithes, fol. 271.— T. W. * In the Cotton MSS., Nero, D, iii, i, there is Registrum Ch,trlarum tl muni- mentorum Hospitatis S. Leonanii Eboracensis. This record covers more than 300 222 Cii!dee$ or Colidcx. " Be it remembered that in the year of our Lord DCCC, Egbert, King of all Britain, in the Parliament at Winchester, changed the name of the kingdom by the consent of his people, and commanded that thenceforth it should be called England. After which Egbert, in the year 924, Athclstan, after Edward the Elder, his father, crowned king at Kingston, in Southwark, presently after his coronation over- came Hobcl, King of Britain, and Constantine, King of the Scots, which Constantine the said Edward had made King of Scots, saying, 'The glory was more to make a king than to be a king.' And the same King Athelstan, in his return afterwards from Scotland, whilst he was in the City of York, and the monastery also of Blessed Peter there, gave thanks to God and Blessed Peter, that he was, in safety, returned home with victory. Seeing in the said Church of York religious men of honest conversation called at that time Colidei^ who were very charitable, and had but small means, he granted to God and Blessed Peter, and to the Colidci aforesaid, and to their successors for ever, that they might better give to the poor that leaves of large-size vellum, and is justly accounted a fine manuscript. It was written about the time of Henry V. Other documents in the Cottonian Library, besides this Register, referring to the Hospital of St. Leonard are : (i) Vitellius, A, ii, 24 ; Inquisitio inter R. Hcm-icuin III et Dccamun et Capitulu7ii Hospitalis Sci, Leonardi. (2) Vespasianus, F, xiii, 60 ; a grant of the Wardenship of the Hospital of St. Leonard in York to George Nevill, the King's cousin, upon the surrender of William Scroop. Signed by many of the Council, Jan. 14, 1457. There is also a Chartulary of this hospital among the Rawlinson MSS., Oxon. ' "An ancient religious order in Ireland and North Britain. The etymology of the name is doubtful ; some suppose it to come from the Gaelic kill, " a cell ", and dee "a house", and to imply that they were dwellers in a cell-house ; but there is nothing in their habits to bear out this supposition. It is more likely to be derived from the Celtic cele-de, servus Dei, Latinised into colidei. This appears to have been the earliest order of Monks among the Celts of Britain, and the name was in course of time given to all, whether in Scotland, Ireland or Wales, who gave up the secular life for the religious. The head of the original order was the Abbot of lona, but he ceased to be so as the order spread far and wide over Great Britain. Dr. Hook says that they included also cathedral canons, who were frequently married, but lived near their cathedral, with an abbot or prior at their head. Some of the Scottish cathedrals, e.g., St. Andrew's and Dunblane, were entirely served by them. Though originally independent of Rome, they came in course of time to adopt Roman customs as the other monks did, under the centralising influence of the Middle Ages. All trace of them disappears after the thirteenth century. An interesting account of the Culdees will be found in Mr. Skene's Celtic Scotland, vol. ii." — Blenham : Diet. Rel., p. 29S. Vide ante, p. 200. Sir Thomas has a marginal note here which says : — Vide Mr. Jno. Seklen in Preface to the old monks set out by Mr. Bee. Hospital rebuilt by William II. flocked to their house, keep hospitahty, and do other works of piety, of every plough going in the Bishopric of York, one thrave of corn in the year 936, which to this day is called Peter Corn. At those times Kings, by their special power, might give and assign such thraves to religious houses. And notwithstanding, the King had the thraves aforesaid to him and his successors by the consent of the inhabitants of the Bishopric of York, on condition to destroy the wolves that were pernicious to the country : for there were then in the diocese such a number of wolves that they had almost devoured ail the cattle the villains had. Which wolves, being killed by King Athclstan, and the same Colidci, in process of time, being endowed of lands by the gift of faithful Christians, and especially by Thomas the elder, to whom King William the Conqueror gave the aforesaid Bishopric at Whitsuntide, in the year 1069 (which Thomas did also build the church of York and greatly enriched the clerks thereofj, the same Colidei in the city of York on the King's waste, which the King gave them to make their structure upon, together with the said thraves, did found and erect a certain hospital or almshouse for the poor of the city, to which poor they assigned the thraves aforesaid. And the same Colidei or clerks chose one of themselves to be Master for the better governance of the same poor, and for the preservation of their rights in the mentioned thraves. And the said William the Conqueror, at the request of Thomas, Archbishop aforesaid, not only confirmed the gift of the thraves aforesaid, made to the hospital aforesaid by the same Colidei or clerks, but also by his prerogative as Conqueror for the greater security thereof, of his abundant grace, gave the said thraves to the hospital aforesaid. William Kufus, the son of the Conqueror, aforesaid, the King immediate!}- succeeding, founded or changed the site of the said hospital unto the King's place where it is now sited, as appears by many houses still standing in the said hospital which were anciently employed to the King's use. And he gave and confirmed the said thraves to the hospital aforesaid, as the Conqueror his father had done. And the .same hospital from the time of its first erection or foundation until the time of King Stephen was called the hospital of St. Peter, and their present common seal hath this about it, ' The Seal of the Hospital of St. Peter of York." But the same Stephen built in the said hospital a certain church in the honour of St. Leonard. And the same Colidei from the same year of our Lord 936, for the space of near one hundred years held and peaceably enjoyed the thraves aforesaid." The grant of the thraves of corn was confirmed by Pope Adrian IV, in the year of our Lord MCLVi, and by Pope Celestine the Third in the year Mriciii. >24 Tkraves of Corn Confirmed. Vide De priiiieva ejitsdem fundatione per Regan Willielmum II, etc., convenient statuiu, etc., ejusdein exempt, inquisitivnis : — Pat. 10 Edward III, p. i, m. I2 ; Pat. s Edward III, p. 2, m. 5 ; Pat. 7 Henry V, m. 5 ; et Clau.s. 10 Henry VI, m. 17 in dorso. The Jurors between King Henry HI, and the Chapter of Ble.ssed Peter of York, concerning the right and possessions of the lord the King, and concerning the Hospital of St. Leonard of York : They say upon their oaths that a certain King before the conquest in the time of Engleschyiy gave them that served the Church of St. Peter of York, then called Colidei, who are now called Canonici, of every carucate of land of the whole county of York one thrave of corn, so that when after the conquest there grew a great famine in the land, these Colidei did out of their revenues do many good deeds to the poor, by reason whereof many rich and noble men gave them lands, possessions and money, with which money they afterwards purchased much land, so that they came to King William the Conqueror, and beseeched him that he would bestow upon them a certain place on the west part of their Church where they might build a certain hospital ; who freely gave them his grant. And he built there the aforesaid hospital and gave them for maintenance thereof the foresaid thraves, etc. In the end of the Coucher ot St. Leonard, in Cotton's Library (Pat. 3 Edw. II, m. 34): — " Be it known to all, etc., that I Clement, Abbot of the Church of St. Mary in York, with the common counsel and assent of the Chapter, have granted and given to God, and the poor of the Hospital of St. Peter of York, all parochial right, as well in living as dead, that belonged to our Chapel of St. Olave in that land, in the which the foresaid poor first had an orchard, to wit, in St. Giles Street, that it be lawful to them to build upon that land for the benefit of their house. This land, in the front thereof, near the way, containeth 21 perches (and a perch ought to contain 16 foot and a half), which land begins at the stone cross, and extends northward to Bar Dyke, and from the King's way to the dyke which is called Wyrche Dyke." I find very great care taken for the payment of the thraves afore- said. In the 25th year of King Edward 1 11,^ the King sent out a commission to William de Hoton to inquire of some alms annexed to this hospital, which is of the King's patronage, that is to say, of every carucate of land, a thrave of corn, of which the hospital had been seised time out of mind, as it is there said, from their first foundation by the * 25 Edward III, fol. 50 and fol. 56 in the book at large, and F. Barr, 288.— T. \V. Gift of King Stephen. 225 King, and confirmed by the bulls of the Apostle (for the Pope is so called in that case). And he was to inquire by whom they were withdrawn. He found the seisin of the hospital, and that those thravcs were withdrawn by the Archbishop of York-, and the Abbot of St. Mary, and others. This presentment being returned into the King's Bench, process was issued against the parties to answer as well to the King as to the Master of the hospital. It was said by the defendants that the Master had remedy for those thraves at law ; yet afterwards issue was taken upon the seisin of the Master and his predecessors. But it appeared that the Master had no remedy at law for those thraves. And therefore, in after time, the statute of 2nd Henry VI, c. 2, was made for the release of the hospital in that behalf, which statute mentions the hospital to be of the foundation of the Kings of England, and to have been endowed in the first foundation by the progenitors of the King of a thrave of corn to be taken yearly of every plough earing within the said counties, of which thraves the " Master and Brethren have been seised time out of mind, but now of late divers people have withholden the said thraves, for which the hospital had no remedy by the common law as complaint had been made (to) this Parliament". .■\nd for remedy therein it is enacted by the said statute, "that he may levy, gather, and take the said thraves in the places where they of right ought, and were wont, after the custom and usage formerly had, and may have actions by writ.s, or plaints of debt or detinue, at their pleasure, against such as shall detain the said thraves to recover them with their damages. But for such proprietaries as have compounded with the Master and Brethren they shall be no further charged than what is comprised within their compositions". King Stephen did give " in perpetuam eleemo.synam" to this ho.spital " omnem decimationem de theolonio ville de Thicahilla et omnem decimationem molcndinorum ejusdem ville, etc. Teste Henrico de Essex, et Adam de Belyn, et Willielmo Clarasay. .\pud Sanctum Edmundum."' William de Mowbray, by his charter, which is called Charta Willielmi de Mowbray in Turri B. Marine Eborum} recites that Roger de Mowbray, his ancestor, had given to this hospital the ninth sheaf of all the corn growing within all his lordships in England. .And William did, by this last charter, confirm it. This grant of Roger de Mowbray was in King Stephen's time. ' In Keg. Cliarl. .S. Leonard Ebor. in Hib. Cotton. Selden, Hist. Tilhts, p. 336.— T. W. « " Charter of William Mowbray, in the Tower of St. .Mary, York." This appears to have been written prior to the destruction of the Tower of St. Mary. Q 226 An htquisition re St. Leonard's. There were formerly many hospitals in this city. And such hath been the fate and injury oft time upon the city itself that most of the inhabitants may stand in need of the benefit of an hospital. But it is to be lamented that the number of hospitals is decreased, since the number of the poor of the city is increased. I shall spend most of this chapter in this hospital which was the greatest, and is long since mouldered to ashes. A commission, issued the 15th day of November in the 8th year of King Edward I (which was exemplified in the 7th year of Henry V), directed to Alan de VValkingham' and John de Lythgraynes- to certify the King of the state of this hospital, the advowson whereof he had then lately recovered by judgment, and for that purpose to inquire by the oaths of knights and other good men of the city of York, both of the ancient and modern state of that hospital : and a writ to the Sheriffs to summon knights and others to appear before them. By virtue whereof an inquisition was taken by the oaths of Sir William Holtby and six other knights, and divers gentlemen, and some clerks, and citizens. Several points were inquired and found. I shall only mention the first article, which makes most to my purpose, which was concerning the state of the hospital, as to which they found shortly thus : — 1. That William II founded this hospital and a chapel there, and in honour of St. Peter called it The Hospital of St. Peter of York, and founded it for the sustentation of poor people, made a master and custos, and brethren, chaplains, and also sisters, and ga\e unto them certain thraves, which are called, by reason of the chapel, The Thraves of St. Peter — that is to say, of every carucate of land in the counties of York, Lancaster, Westmoreland and Cumberland, one thra\'e of every sort of corn. This he did by charter, which the Dean and Chapter have seized upon and detained. 2. That Henry I gave unto them the common which they have in the Forest of Eboracksliire, with pasture for all their cattle, and wood to burn and build withall : and this he did by his charters. 3. King Stephen, in the King's street, which joined upon the hospital, did at his own charge build a chuich for the said hospital in ' Alan de Walkingham, whose family had considerable possessions in Yorkshire, was appointed in 8 Edward 1 (1280), one of the Justices to take .'\ssi2es in several counties. — Vo%%, Judges oj England^ vol. iii, p. 169. ^ John de Lythegrenes is first mentioned in 52 Henry III, when he was employed on the part of the King against the Mayor of Newcastle-on-Tyne. He was appointed Sheriff of Yorkshire in 8 Edward I, and held the office for five years (Rot. Pari., I, 29, 38). He was one of the Justices Itinerant in 1293. — Vo%%, Judges of England, vol. iii, p. 124. Jn the Star Chamber. 227 honour of St. Leonard, and changed the name of the hospital to St. Leonard. 4. King Henry II gave to this hospital Acomb Grange and divers other lands and rents. 5. King Richard I did confirm all the gifts of the former Kings and of other donors. C. King John did likewise confirm the same. And after two years .space in the time of the wars of King John against the Barons, the Dean and Chapter did with force and arms eject the Master of the hospital and made a Master of their own, and usurped the advow- son of the hospital. 7. King Henry III did confirm all their grants and gave the lands in Easingwold unto them. As I have said before several other points were inquired of and found, but they are too tedious for mention. They were not subject to any visitors, but to the King or his Deputies. The ordinaries had no power to make visitations in the court of St. Giles of York, nor in the church of Boghes which they held to their proper use. But in other churches, viz., Saxton, Newton, and Rufibrth, they were visitable. The Master had nothing proper to himself but reliefs, perquisites of courts, and alterages, which he might dispose of in small gifts and courtships for his own honour, and the honour of the house, as he should see expedient. He was to deliver the common seal of the house to the keeping of two of the brethren, under the seal of the Master. A decree in the Star Chamber mentioned in the dialect of that time, in which it was written : In the eighth year of King Edward the fourth,^ the Master and Brethren of this hospital complained to the King and his Council in the Star Chamber, that Hugh Hastings, Knight, John VVomwell, Alexander Drax, Thomas Methelay, Squires, Richard Jackson and others, " by their stirying in the Courte of York late have wlthdrawen and withdrawe from the sayd Hospitall a yerely profitte and commodite called thraves of corne, otherwise called I'cter- corne, beseching his good grace, consideryng that the seid hospitall is not of power to sue the redresse therof aftire the cours of his commune law, to ordeign thcime a convenable rcmedie and provision in that behalfe. Wheruppon the said I high, John. .Alexander, Thomas, and Richard, called by the King's auctoritc and commandemcnt apperyng in his counsaill, answered to the said complaints. To which answer ' Pal. S Edwani l\', p. 3, 111. 14: I'ro Magistro cl fratribus Sancli Lconanli Eboruni. — T. W. O 2 2 28 Confirmation 0/ the Thraves. by the partie of the seid hospitall it was replyed : And agcnward bj' the said Hugh, John, Alexander, Thomas, and Richard thereto rejoined. Which complainte, answere, replication, and rejoynder, afterward by great deliberation radtie and understand, cither partie allso herd oftentymes in that he coude seie and allcgge for him to the entent ripely to understande and know the clcrness of the trouthe, that Justice and Equitj- might duely be mynystered accordyng unto right and conscience. Oure seid souveraignc lord the King com- mitted the examinationn of the right and title thcrof first unto John Markham^ and Robert Danby," Knights, his Chief Juges of his Benche and Commune Place, and after that unto his right trusty and right well belovyd cou.syn the Erie of Warrewyk and unto the seid Chief Juges. Afore whomc, not oonly in the Escheqer Chambrc at VVestm. but allso afore his highncsse atte dyvers tymes in his playne counsail. There the seid matier, by the seid partyes was playnly opened and understande, and the title and right of the seid Maister and Brethern therein to the Kings Highnesse and theime severally shewid, that is to say, the seid Maister and Brethern and their successours to have yerely of every plough erande within the countees of Yorke, West- merland, Cumbreland and Lancastreshire, within the province of Yorke, a thrave of alia manere of corne such as by such plough were gayned at the Fest of S. Martin in wynter. For the right title and possession wherof the seyd Maistre and Brethern shewid confirmations of the same thraves to the seyd hospitall as well of King William Conqueror, progenitours to oure sayd souerayne lord by thees words : ' Illam antiquam eleemosynam super quam dictum Hospitale fundatum existit videlicet de qualibet caruca in Episcopio Eborum travam unam bladi',* as the confirmations therof of the King's progenitours King Henry the seconde, and King Henry the thirdde by expresse words making mention of the seyd thraves, and of alle other progeni- tours of our seyd souveraigne lord successifly sith the seid conquerour, Kings of England, and the confirmation allso of the seid oure ' His father is mentioned on p. 62, and in note 3 on that page. The son, because it was held that he suffered for conscience sake, was popularly known as the "upright judge" [State Trials, vol. i, p. 894 ; Fuller, Worthies, vol. ii, p. 207). He was Just. K.B., 1444, and Ch. Just. K.B., 1461. The last ten years of his life were spent in retirement, " discarded but not disgraced", and he died in 1479. Foss, Judges of England, vol. iv, p. 441. ' Just. C.P., 1452 ; Ch. Just. C.P., 1461. Probably he died about 1471. Foss, Judges of England, vol. iv, p. 426. ^ "That ancient charity upon which the said Hospital was founded, viz., one thrave of corn from every plough in the Bishopric of York." Numerous Eiidences. 229 souveraigne lord of the same ; Aivl over that the Letters Patentes of the high and mighty prince, of blessid memorie, the Due of Yorkc, fader unto oure seyd souveraigne lord the King, than protectour of Knglande, whome God pardon, affermyng and declarj'ng the right, title, and possession of the seid Maister and Brethcrn in the same thraves ; And besides this, confirmations of Dukes, Bishopes, Erles, Barons, Knights, and other persons afore this, lordes, and greet possessioners of honours, castciis, lordships, maners, fees, seignuryes, and other possessions, within the said Bishoprice, and countees, then contributories and chargeable to the paiement of the same thraves ; And compositions of Abbottcs, Priours, and other sp.uell persones ; Divers recoverees allso of Record, at the commune law, of the seyd thraves as well agenst the Archebisshop of Yorke for the tyme being, the Abbot of Saint Marie Abbey of Yorke, and other greet and notable persones, sp.uell and temporell within the said partycs, at divers times, by the predecessours of the sayd Maister and Brethern, had as well by tryall as be knoulachc ; And the awardes and decrees by solempnc greet avis and deliberation atte severall tymes made as well by John late Erie of Shrowesbury as by William Babington' Knight than Chief Justice of the Common Benche and Justice of Assize within the seyd shire of Yorke, betwyxt the predecessours of the seid Maister and Brethern, and the inhabitants of the said partycs and countree, whereby the right title and possession of the said Maister and Brethern of the said thraves was and is affermyd, and the said inhabitants to the payment therof charged. Thcr was shewid allso a statute and Acte of Parlement which concerneth, declareth, and affermeth ye planne and open title of the seyd Maister and Brethern therein ; And allso bokes of collectes and accompts shewyng and provyng reall possession of the said Maister and Brethcrn in the .said thraves and of ye yerely receyte therof; And over all thisdyvcrs Bulles of Popes confermyng the same, and allso letters of the blessid martyr Saint Thomas of Caunterbury, and the holly confessours Saint William of Yorkc, under ther scclcs, and of many and divers other archebisshops and bisshops conteignyng greet matier and sentence of cursyng agenst the withholders of the same thraves, their counsellours, comfortours, and abcttours. By the which the right, title, and pos- session of the said Maister and Brethcrn in and to the said thraves was thought unto the said Erie and Juges, as they saide, good, true, ' William Babington helJ the office of Chief Baron of the Exchequer (appointed 1419), and a place on the Bench of Common Pleas (made a justice 1429) conjointly. He became Ch. C. P. 1423, and sustained the presidency of that Court thirteen years. He died in \^'-,i.— '?(>%■>. Judges nf England^vaV iv, p. 283. 2-^0 The Decree. and effectuell, and the matier shewed and allegged by the said Hugh, John, Alexander, Thomas, and Richard in this partye agcnst the sayd Maister and Brethern of noo substance to avoyde the right and title in this behalve of the said Maister and Brethern. " Oure seid souveraigne lord the King in the Sterre Chamber at Westminstre the XXIth day of hiyll in the viiith ycre of his reigne, having consideration to the premisses, also howe in substance, by the seid thraves, otherwise called Peter-corne, the seid Maister, XIII Brethern, I III secular priests, VIII sustres, XXX chorestiers, two scole- maistres (oon to the Grammer, another to the Musyke), CCVI bedemen and wymcn, and VI servantcs to kepe them in sykenesse and disease in the said hospitall, have and must be susteigned and kepte ; Ccin- sidcred, allso the long prescription, generall custumc, and commune opinion, and fame of the right, title, and possession in and to the seid thraves of the said Maister and Brethern, willing divine service, finding and sustentation of the seyd Maister, Brethern, and other persones above rehercid, not to be dimunisshed, hurt, disperbuled, nor dissolved, but rather to be continued, amplyed, and encreced to the pleasur of All Mighty God, and promotion of vertue : " By the avis of his counsaill willed, ordeigned, and decreed that as well the said Hugh, John, Alexander, Thomas, and Richard, as every other persone of what astate, degree, condition he be, havying, or that, atte any tyme hereafter, shall have any such plough eryng within the seid countees, paye and deliver yerely to the seid Maister and Brethern of the seid hospitall, according to their seid right, title, and possession a thrave of all manere of suche come as by the said plough yerely happith to be gayned at the Feste of St. Martin above said, excepte suche persone or persones as by composition and wryting betwyxt thayme and the seid Maister and Brethern be agreed to paie a certayne (sum) therfore, which persone or persones the King, by the avis above seid, woll they paye and deliure yerely to the seid Maister and Brethern and to their successours their duetee for the seid thraves or Peter-corne according to such composition or writing ; And allso that as well the said Hugh, John, Alexander, Thomas, and Richard as other inhabitants within the seid countees paie and contcnte unto the seid Maister and Brethern all that is behinde, withdrawen, and not payed of the seyd thraves, otherwise called Peter-corne, in time passed hiderto. And heruppon, and for the execution of the same to be doo and observed in manere and forme above reherced in tyme commyng. And the Chancellor of Englande and Keper of the King's prive seel for the tyme being doo make from tyme to tyme suche and as many writtis of proclamation and othir- wise and allso letteres under the King's greet and prive seeles to be Gift of Richard Talbot. 2;i directed as well unto the Shirrefs of the seyd countees and everyche of theyme, as unto other suche as it shall appcrteigne in this partye, as unto the sayd Maister and Brcthcrn and their successours shall be thought necessarie and in any wise behovefull ; And over this Letters of Exemplification of this prescnte Act under the seid sceles and either of them, if it soo shall bee desired by the seyd Maister and Brethern for and in perpctuell remembrance thcrof in time to come. " Present ther lords : — "The Archebissop of Yorke. The Bisshops of Bathe (Chancellor of England), Durhamc, and Rouchestcr (Keeper of the King's Privc Seel). The Erles of VVarrcwyk, Essex, and Northumberland. The Priour of Saint John's of Jerusalem in England. Maister Thomas Kent and William Notingham. " Sic signatum Langport. Nos autem tenorcm acti praedicti ad requisitionem magistri et fratrum Hospitalis praedicti duximus exemplificandum per praesentcs. In cujus rei testimonium has literas nostras fieri fecimus Patentes. Teste Rege apud West- mona.sterium xv' die Novembris. " Per breve de privato sigillo ct de data, etc."' This I have given unto you in the proper language and dialect in which I found it written. Besides the revenue, which was co-eval with the hospital, this hospital had great possessions in lands and rents. ill the time of Henry ill they had by the grant of Richard Talbot one toft in Conegeston- in Craven, two acres and a half of land, and common of pasture for lOO ewes and lambs, twenty beasts, and two horses, but I cannot insist upon the particulars. Inter Brevia Regis' de anno primo Richardi II, No. 26, in Turri London : King Richard \\, tcrcio Novoiibris in the first year of his reign, sent a writ to Roger de Fulthorp, mentioning a commission sent by King Edward III, in the 49th year of his reign, directed to him and others to visit this hospital and to perform other things in that commission mentioned, and to certify the King what was done therein. Whereupon that commission and all the proceedings ' " Signed thus, Langport. .'\nd we, at the request of the Master and Hrcthrcn of the aforesaid hospital, have resolved that the icnor of the aforesaid Art lie exemplified by these presents. In witness of which thinj; we have caused these our letters to be made Patent. Witness, the King, at Westminster, the 15th day of November. " By writ of the privy seal, and of date, etc." • Conegeston =^Coniston ' i^*""- P '*'''. """ = 232 Possessions of the Hospital. thereupon were certified to the King in Chancery whereby the possessions of the hospital, the increase and diminution of the revenues, the number of the brethren, and the sisters, and choristers, and officers arc all particularly set forth. I find the following by the collections of Tenths and Fifteenths in the Exchequer in the time of Henry V of England, the title whereof is thus : — Partiadae compotorum collectionis unius decimae quintae et decimae oinniiiin comitatuuni ct singularum civitatton totiiis Angliac Rcgi Henrico ijuinto anno regni sui tercio a laicis conccssarum proiit partictdaritcr annotatur infcrius in isto libra} There, fol. 196, in the title o{ Libertas Sancti Lconardi, is " Lugate Rawneby Lokington North lane South lane Bromflette Hoplington These were their possessions in the East Riding only. And as for their liberties in other parts of the county of York I find in the same bool<, fol. 186: " De tenemcntis of the Liberty of the Hospital of St. Leonard in the townc of Bramhop, Ribston, Nappay, Caupemow- thorpe, Halgh, Ulthvva}te, Lethelay, Stockhill, Middleton, Wicheton, and Doncaster s. cm d. nil.' s. LXXIII d. iiii." I have seen the Chartulary of their possessions and of the convey- ances and grants of them, whereby it appears that they had lands in several towns of the county of York, and the county of the city of York. As their lands were great so their privileges were many. I find amongst the pleas of the King's Bench at York in Easter Term in the ist year of Edward HI : ' "Particulars of the accompts of the collection of one fifteenth and tenth of all the counties and single cities of all England, granted by the laity to King Henry the Fifth in the third year of his reign, as is set forth in detail below in this book." Mint Yard. 233 " Eborum Rot. 46 : Allocatur Libcrtas sancti Leonard! Eborum quod omnia placita sua terminentur infra portam dicti hospitalis."* And in the 12th year of Edward I, Chart. Rot., m. 4 : " Pro magistro et fratibus Hospitalis Sancti Leonardi Eborum." And ibufein, m. 5 : There is a grant made to the Master and Brethren of the hospital of a market and market cross, etc. But at the latter end it is thus said : " Memorandum : That the .same Charter was re.stored to the Chancellor by the command of the King. The reason there rendered is because it was granted to the nuisance and damage of the citizens of York."^ Since the dissolution of it the site of it hath had the name of the Mint-yard. There was an attempt in the year 1637 and 1O3S to have erected a mart in it, but upon an Ad quod damnum^ it came to nothing, because it was found to be to the great damage of the City. This hospital had return of writs and other liberties granted unto them (Pat. 4, Edward II, p. 2, m. 10, in dorso)} They had felons' goods oviiiiuiii tenciitiuin suoruin, as appears by the book case of 22 Ass., p. 49 ; but in that case it was adjudged that where John at-Hill, of Flawith, one of their tenants, was attainted of treason that they should not have the forfeiture of his good.s. For their thraves of corn in the counties before mentioned, vide Pat. 4 Edward I, m. 5 et 6 ;* et Pat, 52 Henry III, m. 34'': " Rex mandavit vicecomitibus Eborum, Cumbriae, VVestmorlandiae. et Lancastriae quod distringant omnes dctincntes, etc., travas bladorum," videlicet dc singulis carucis arantibus in comitatibus praedictis unam travam, videlicet ad sustentationem pauperum Hospitalis praedicti."" • " The liberty of St. Leonard of York, that all its pleas be determined within the gate of the said hospital, is allowed." ' These two references are incorrect. Vide 22 Edw. I, mems. 4 to 10, all of which relate to this hospital. ' Ad quod damnum is a writ to the sheriff to enquire what damage it may be to others for the kinj; to grant a fair or market ; or for the king, or any other person, to give any lands holden in fee simple to any house of religion, or other boily politic. ' Walter, Bishop of Worcester, Master of the Hospital of .St. Leonard, complains that Nicholas, son of Capin, Mayor of the City, had infringed the liberties and immunities granted to the said Hospital by the late King, etc. ' The Calendar (pub. 1802) quotes m. 3. This is an error. Sir Thomas is correct. ' The roll is re-numbered. The nuinber given here is the old one. The present number is 33. ' See also Pat. 4 Henry V, m. 12, and Pat. 8 Edward lY, p. 3, m. 14. ' "The King commanded the Sheriffs of York, Cumberland, Westmorland and Lancashire to distrain all those who keep back, etc., the ihravcs of com, viz., from each several working plough in the aforesaid counties one thrave, viz., for the sustenance ui' the poor of tlic aforesaid Hospital." 234 ^■^'^ Hospital of St. Nicholas. They had liberty to enclose their wood of Beningbrough, con- taining 36 acres, and to make a park (13 Henry VI, m. 37).' They had liberty to cut wood in their park called Beningbrough, in the Forest of Galtrcs (Claus. Rot. 10 Richard II, m. 9). Walter, Bishop of Worcester, Master of this hospital, did make com])laint that he was hindered of divers of his liberties b\- the Church of York (Edward II). You may find an inquisition, in 49 h'dward III, of all the lands and profits of this hospital, and of all their alms and works of charity. It is exemplified in i Richard II, No. 26; and Claus. Rot. 10 Edward 1 1 1 , m. 19, in dorso? This hospital was, as is shewed before, of the King's foundation, and you will find it visited (Pat. 8 Henry IV, p. 2, m. 3 et 8 ; Pat. Henry V, m. 20^) by the Bishop of Ely, Chancellor of England. II.— The Hospital of St. Nicholas. The Master of this hospital did arraign an assize against William de Selby of tenements in the city of York and Gorton (Pat. 4 Edward I, m. 28). There is a confirmation and pardon of divers messuages and lands purchased by them without the King's licence (Pat, i Henry IV, p. 6, m. ey There is an inquisition of lands and tenements belonging unto them, but withdrawn from them (Esch. 30 Edward III, No. 43J. There is an ample confirmation of all their ordinances, charters, and privileges (Pat. 21 Richard II, p. 3, m. 31). The like for some messuages, and tenements in Fishergate, Walm- gate, and Micklegate, appears in Pat. 22 Richard II, p. 3, m. 8. There is an inquisition of a carucate of land granted unto them by Maud the Empress, which was granted upon this condition, that the brethren of the said hospital should find to all lepers which shoulfl come to the said hospital in the vigils of the Apostles Peter and Paul these victuals, afterwards mentioned, bread with butter, salmon and cheese (Esch. 3 Edward I, No. 76}.^ ' Reference incorrect. Does he refer to Pat. 13, Edward I, m. 35 ? - A writ directing obedience to the Master of the hospital. Sir Thomas also quotes Inquis. 17 Edward II, m. 197, which is an evident error of the scribe. ^ Anno prima, and Quinta pars. * This exemplification, by King Henry I\',of the pardon granted by Richard II, refers to the " Hospital de Fisshergate", not the Hospital of St. Nicholas. Sir Thomas mentions this "Hospital de Fisshergate" in the next chapter. — Vide p. 237, No. II. ' Further references to the Hospital of St. Nicholas : Pat. 20 Edward I, m. 23 ; 11 Edward I, m. 14 ; 22 Richard 11, p. 3, m. 8 ; 10 Henry IV, p. i, in tiorso. CHAPTER XV. BtBBtt ^oapifafe in t^t Cit^ of '^orR HERE was an hospital of St. Marj-' in Bootham,^ which was founded^ by Robert de Pickering,'' and did consist of one secular chaplain and of two other chaplains and six priests. The Church of Stillingflcet was appropriated unto them. — The King's Letters to the Pope, 14 Edward II, m. 3.' (2) According to Leland, in his Itincnnj, there was an hospital northward above Fossbridge, of the foundation of the merchants of the town, and dedicated to the Trinity." (3) There was a place of the Bigots hard within Layerthorpe Gate, and by it an hospital of the Bigots' foundation. But Sir Francis Bigot let both the hospital and his house go all to ruin.^ (4) There was a foundation of an hospital hard without the very side of Micklegate, of the erection of Sir Richard of York, Maj'or of York, ' A note in the margin says : " This must begin a new leaf, being intended for a new chapter." ' St. Mary Magdalene. ' Near the south-west end of the present Union Terrace. * In 1330. ' Dean of York. ' It was converted into a free jjranimar-school by King Philip and Queen Mar)-, and was afterwards absorbed into St. Peter's .School. ' Converted into a regular almshouse, Merchants' Hall, Fossgate. The charity shelters five poor men and five poor women, who also receive monthly 8j. b\d. ' The site of this mansion is opposite the Church of St. Cuthbert, within Layer- thorp Postern. 236 Other Hospitals in York. whom the commons of Yorkshire, when they entered into York, by burning of Fishergatc, in the reign of King Henry VI I, would have beheaded.' The foundation was never finished. (5) There was a Chapel, and the Town Hall, above Ousc Bridge, on the east bank, with a guild and an hospital. (6) The Hospital of St. Andrew. (7) The Hospital of St. Catherine beside St. Nicholas. (8) There is yet extant an hospital of St. Catherine, near to the place where St. James Church was. (9) The Hospital of St. Anthony in Pcasholmc.^ I am not certain whether this was an hospital or a religious house. There is a place still called St. Anthony's Hall. Because these dull relations, for .so I fear they may prove to a quick-witted reader, had need to be savoured with some intermixture of .some things more pleasant to the taste, though of less weight, I will here tell you the story of Saint Anthony as I have it from others. There was anciently a great feast kept at this hall, being dedicated, it seems, of old to him. St. Anthony's monks,^ when they went a-begging to houses, for it seems they were mendicants, used to be rewarded well, for Saint Anthony's sake. If they were not rewarded with a very full alms, they used to grumble and say their prayers backward, and tell that Saint Anthony would be angry with them. There is a disease which is hot and burning in the flesh that is called " Saint Anthony's Fire", and the friars made the people believe that unless they set themselves devoutly to please Saint Anthony they should be plagued with this, but that by serving him it was to be cured by his merits. In time the people grew so devout to Saint Anthony, that when their sows pigged they set apart one, which they fed as fat as they could, to give Saint Anthony's monks, that they might not be plagued with this fiery disease. Hence ' In the reign of Henry VII, John k Chambre and others fermented a rebellion, of which Sir John Egremont was chosen leader, to oppose the levying of a tax imposed to maintain an army sent to Brittany by Henry to sustain the rights of Anne, heiress of Duke Francis. This rebelhon was confined to Yorkshire and Durham, all other counties having readily paid the impost. Upon the suppression of the revolt Egremont escaped to Flanders, but Chambre and some of his associates were executed at York. Fishergate was burned by the rebels ; but, instead of restoring it, the city authorities caused it to be built up. See p. 77. 2 An order of religious persons was founded in France in the year 1095, called the Order of St. Anthony, the members of which were to take care of persons afflicted with St. Anthony's fire. ' St. Athanasius refers to St. Anthony as the founder of asceticism, and the pattern for all monks. Saint Anthony. m came the proverb, " As fat as an Anthony's pig".' There is in one of the old windows in Christ Church, in this cit)-, the picture of Saint Anthony,'- with a swine rising up with its forefeet towards his middle.' (lo) The Spittle of St. Loy on Monk Bridge end. (ii) The Spittle House in Fishergate, beside St. Helen's.' ' This is interesting as a local setting of a familiar tradition, but, though several explanations are oflered, no satisfactory solution of the association of .St. Anthony and the pig is forthcoming. For an account of this saint see St. Athanasius, Vita Saiicti Antonii; St. Augustine, Con/essioncs, viil, and De Doctrina Christiana (prol.) ; Chrysostom, Hieronymus, Sozomenus ; and Tillemont, Afi'moires ; Hclyot, Histoire de Ordrcs Monasliqties ; Bollandus, Acta Sanctorum ; ■A\i,o Ca.vc, Historia Litcraria; Milncr, Church History; and Mrs. Jameson, Sacred and Legendary Art. i: :-p^zi: ' sir Thomas here refers to the Church of St. Saviour. The glass in this church has suffered complete destruc- tion. The fragments, collected and placed, without any resfard to order, in one of the windows, early in the present century, give no trace of this subject. The following representations of St. Anthony are worthy of notice: — i. Glass. — The church at Cartmell Fell, an outlying chapelry of the parish of Cartmel, Westmoreland, is one of the few churches in England dedicated to St. .\nthony. In the east window there is a picture of this saint and the symbolic pig. The arrangement of the glass_ is by no means perfect, and there is a quantity of white glass inserted replacing the coloured, which, from time to time, has been broken. This representation answers the descrip- tion, given by W'iddrington, of the window or compartment formerly in the Church of St. Saviour, York, in the pecu- liarity of the pig being erect. 2. Pottery.— Among the English pottery in the museum of the York Philosophical Society there is the mutilated figure of St. Anthony and his pig and crutch, made of brick earth, with a black glaze upon it. It is 13 in. high, and was found near St. Mary's Abbey in 1858. 3. Painting.— In the National Gallery, No. 776, St. George and St. Anthony are represented in conversa- tion, by Vittore Pisanello, a Veronese painter of the fifteenth century. 4. Scui.PTtjRE.— St. Anthony occupies a place in the second bay on the left, proceeding from the west end, in Henry VIl's Chapel, Westminster. In these and the various other representations of this saint, the emblematic accessories include, besides the pig, a crutch staff or signuin tau, a bell, and fire. ' Sir Thomas has a detached note respecting this hospital after the Dissolution. I have placed it in Appendix, No. 1 1. * Maudlyn Spittal is mentioned on page 129. There have been several alms- houses founded in York since the time of Sir Thomas Widdrmgton. T!i'' Window in ( '.irl- iiicl Fell Church. CHAPTER XVI. t2}t (gi6Bep of §t (TUarp, (xr(i> O^ger I. — The Abbot of St. Mauv's without the walls of THE City of York. HE charters of this monastery are at large mentioned in the Monasticon Anglicatmni. I shall only discourse on this abbey by way of a summary story. This abbey was founded in the year 1088, as Stephen,* a monk, and afterwards abbot, of that abbey, reports.'- The first foundation of it was contrived and framed at Gloucester, where were present Anselm, Bishop of Canterbury, and Thomas, Archbishop of York, and many others. This monastery was begun by Alan, Earl of Richmond, at the request of Stephen, Earl of Richmond. In the Charter of King William Rufus, exemplified Pat. 35 Ed- ward I, amongst other things there is mention made of the site of the monastery, and grants the same liberties, customs, and privileges to the Abbey as the Church of St. Peter of York or St. John de Beverley had, or as any other church in all England had. When King William Rufus' held a Parliament at York in the second year of his reign, he ' The first abbot. He died in 11 12. ' Annales ^fariae Elwruin, in Bibliotheca Bodleiana, apud Oxon., which learned Dr. Langbane was pleased to peruse for me ; he afterwards communicated his notes to me. — T. W. ^ Annales, ut supra. — T. W. - ', «r N o^ :u' it §^^>^ tr- Ai 'H ^v^ '^. ?.9 ^S^ -' ^■.> \^ IC^^Z- ' lit W% 2 W - y. i C s Charter of William II. 239 went at the request of Stephen, Earl of Richmond, with many of the peers and nobles to this monastery, being then not finished, and laid a stone, and changed the church and name of it from St. Olave to St. Mary, and confirmed the grants made to it by his father, and by Earl Alan, and made liberal grants himself to the Abbey. King Henry II also made a large Charter, which, as also the charters of Stephen, Earl of Brittany ; of Conan, Duke of Brittany fto which David le Lardinar is a witness before the Sheriff of York- shire) ;i of Hugh, the son of Baldric ; of Barnard de Baliol ; and of Odo Camcrarius, Earl of Richmond, and some others, are mentioned in Motiasdcou Anglicanum'} By the Charter of King William Rufus, this Abbey was to be free in all their lands from pleas, and quarrels of murders and thefts, and scutage, and gelds, and Dangelds, and hidages, and the works of castles, bridges, and parks, and from ferdwite and from breach of peace, and entry of hou.scs, and from soc and sac, and toll and them, and infangthef and outfangthef ; and that after the death of the Abbot one of the same convent shall be chosen, and if the Sheriff or his ministers have any complaint against the men of St. Mary's, they must tell it to the Abbot, and at a set day they shall come to the gate of the Abbey, and there they shall have right in all quarrels and suits ; and the men of St. Mary's shall not go to the counties or shires, or to tridings, or wapontacks, or hundreds. Master Nicholas de Esingwold, Procurator for the Abbot and Convent of St. Mary's, York, shows that though the Abbey hath long had their chapel of St. Olave in their proper use, yet did permit the parishioners to meet and offer oblations, etc., yet hearing " that the said parishioners intend to make it parochial to the prejudice of the Abbey", did in the name of his said Masters appeal against them in the Cathedral Church at York, 4th Febr., 1390: Pontificatus Bonifacii noni, anno secundo jurisdictione^ xtii.* And afterwards the same Procurator, viz., July 15th, 1398, exhibited articles against three women, Johan Park, Agnes Chandler, and Maud Bell, for that they " did bury one John , an inhabitant of Fulford, in the Chapel Yard at Fulford, and not in the Chapel Yard of St. Olave, where such inhabitants ought to be buried : the same being done without consent of the said Abbot and Convent of St. Mary, and without due solemnity and priestly function. Now, lest the inhabitants of Fulford aforesaid by this execrable example", ' Vide Mon. Aug. (ed. 1821), vol. ill, p. 550, No. VI. ' Vide Mon. Attg., vol. iii, pp. 544-560. ' Sic, for Indklione 13. ' " In the second year of the rontifuale of I'.onifacc 1\, Inditlion 13." 240 "Extra M tiros." should be drawn to commit the like offence, the Court enjoined them for penance, that the said Johan, Agnes, and Maud, should, within three days then next following, dig up the body of the said John, and carry it to the Churchyard of St. Olave, there to be buried with due solemnity. And further, that the said Johan, Agnes, and Maud should go in procession six Sundays in the Cathedral Church at York ; six Sundays before the procession of the said Abbot and Convent in the Church of St. Mary ; six Sundays about the Chapel of St. Olave aforesaid ; and six Sundays about the Chapel of St. Oswald at Fulford, bareheaded and barefoot, after the manner of penitents, each of them holding a wax candle in their hands, each of the said Sundays. "And that hereafter they do not commit the like offence, and shall submit to this pennance under pain of the greater excommunication": and to this they were made to swear upon the gospel. " In quorum omnium testimonium atque fidem praesentes literas nostras exinde fieri fecimus testimoniales per magistrum Rogerum de Cathrick clericum publicum authoritate Apostolica notarium,dictaeque Curiae scribam et registratorem. Dat. etc. Pontificatus Bonifacii Papae noni nono."' Mr. Bell wood, late vicar of St. Olave, had the original transcript hereof This Abbot was incorporated by the name of " Abbas Monasterii B. Mariae Eborum." And in the case of L. 5 Edward IV, fol. 20, an obligation was made unto him per notneii " Abbatis Monasterii B. Mariae extra muros Civitatis Eborum." And although the Abbey were " extra muros", yet because it was not the name of foundation, the obligation was held not good, and afterward he brought the action in his true name. He was a Lord Abbot, a mitred ^ Abbot, one that had a voice in Parliament,^ which was an honour no other Abbot in the North besides himself had, but the Abbot of Selby.'* He was by his order a Bene- ' " In witness and faith whereof we have caused our Testimonial Letters there- anent to be made by Master Roger de Cathrick, clerk, by ApostoHcal authority notary public, and scribe and registrar of the said Court. Given, etc., in the 9th year of the pontificate of Pope Boniface IX." 2 Vide W^WWs, A View of Mitred Abbeys. ^ He was summoned to Parliaments at Westminster, York, Northampton, Lincoln, Ripon, etc., temp. Edward II. — Vide The Parliamentary Writs, collected and edited by Sir Francis Palgrave, K.H., 1834. ' This Abbey of Benedictine Monks, in honour of St. Mary and St. German, was founded in 1069 by the Conqueror. King William II gave the patronage of it, with that of St. Oswald, Gloucester, to Thomas, Archbishop of York, in e.xchange for certain rights held by the Archbishop in Lincolnshire. The Church became parochial in 16 James I. For the attendance of the Abbot at Parliament, see Palgrave, Parliamentary Writs. y^- 551 hM- /XPt/vgmtFj ;w^V tr ZTaiv im^ m / ^I^Cmt ^c^ fufit a^tijna'V^itnrf^r tn" .J fONSUETUniN'ARIUM OR THE CUSTOM BOOK OF ST. MARY'S ARBEY A Foi lo SHEWiNi; Mi'SKAi, St WES. (fly s^cc/'a/ permission LOmmufii^atcd hy Jatnfs Bass Mtillin^cr, Es(f., M .A i Off. A 241. Service Book of the Abbey. 241 dictine, of which order were many of the Engh'sh monks. He was such an Abbot as Chaucer seems to speak of : "JT^at a man sljoulli a monkr lort rail, iflf' srrbr on fenrrs, as a feing: ?i>f IS as prou^ as prinrr in pall, In mratr anl) tirink ant all tfjing : ^•onir tofarrn mptrr anb rnng, ffiiWitl) lioublr tDorstfl) torll ijTiigiit, fJlitf) ronal mratr an)? luitl) tirinfe, anil ritirfl) on a roursrt as a fentgijt. "?12aitf) ijaufe ant) toitf) fiounlis ffet, JlSlliti) trorljrs or ourfjrs on fits fiobr : *omr sap not massr in all a lurrl:, (J!>f l)nint))rs in f)rr most foolir. M4itf) ?lortsf)ips ant toitf) (lontmrn «irf)is 13 a royal rrligion. Saint LJrnrt matr nrbrr nonr of f)rm 2ro l)abr iLortsljip of man nr JTotonr.''^ This Abbey was without the walls of York, but very near them, and many controversies did arise between the city and it. Of some of these I shall give you a particular accompt, peradventure with some disadvantage to the city, in regard I have them out of the Annals of the Abbey,^ who were much more diligent observers of the memory of their own rights, than the city hath been. But before I enter into that discourse I shall in a word tell you the manner and course of their devotion. You have heard of a Service Secnnduvi Usum Sariim. But for the course of the service of this Abbey there is in the library of St. John's College, in Cambridge {Consuetudinarium B. Mariae Eborum) a Psalter and Office for the devotion of this monaster}', which was agreed upon and published the 30th of May, iigo. The Abbot had large possessions and great liberties. For their possessions I find several of them mentioned in these Records (of the Tower of London) following, which I think not fit to mention particularly and severally: — Pat. 2 Edward II, m. 16;* PaL • Glossary.— Me : often used redundantly by our old writers ; y-dight : dressed ; eke : also ; ouches : jewels ; Hode : hood, or other head-piece. * Chaucer, Works, ed. 1561, fol. xcv. ' Annul. B. Afar. Ebor., Bib. Bod.— T. VV. * Secunda pars. K 242 The Liberties of the Abbey. 3 Edward II, m. i ; Pat. 4 Edward II, p. 2, m. 3 ;' Pat. 5 Edward II, m. 20 ;- Pat. 8 Edward II, p. t, m. 14 ;' Pat. 8 Edward II, p. 2, m. 9 ; Pat. 9 Edward II, m. 23 ;* Pat. 10 Edward II, p. i,m. 7, et m. ii\'-' Pat. II Edward II, p. 2, m. 25 ; Pat. 12 Edward II, p. i, m. 23 ; Pat. 14 Edward II, p. i, m. 9 ; ct itcrum ibidem Pro ccclcsia de Doncaster approprianda Pat. 16 Edward II, p. i, m. 8 ; Pat. 16 Edward II, p. 2, m. 23 ; Claus. Rot. 17 Edward II, m. 23 ; Pat. 20 Edward II, m. 29 ; Fin.^ II Edward III,m. 7 : the manor of Whitgift with its members of Usflete, Swyncfleete, Hooke, and Armyne, and the moor in Incle.s- more, late of S. le Scroope, were granted to the said Abbot in fee- farm rendering 2 marks. And Claus. Rot. 38 Henry VI, m. 16, in dorso the advowson and patronage of the church of Bethom," in the county of Westmoreland, were granted by this Abbot to Nicholas Bryan^ and others and to their heirs, reserving to the Abbot and his successors a pension of 40 shillings per annum. Pat. 27 Henry III, m. 7 :' a grant to this Abbot of tenements in Gilling, Rydale, Appleton, Clifton, Huntington, Bootham, Brincotes in Newson, Kelskild, Welorhouses, Eskirk. And for several other lands : Pat. 7 Richard II, p. I, m. 13 ; Pat. 24 Henry VI, p. i, m. 20 ; Pat. 14, Henry VI, m. 2 ; and 16 Richard II, p. 2, m. 30. This Abbey had also large Liberties. Anno 5 Edward II, m. 21, m dorso :^^ De libertate tenementorum suorum de non praestando theolonium.^^ And Pat. 4 Edward II, p. i, m. 5, in dorso: the like allowed and also for pontage and murage. Claus. 14 Henry III, m. 13, et 15 -y- De terris in Naburne et Estwick claudendis ita quod ferae Regis intrare non possint.'' Pat. 53 Henry HI : a confirmation of their liberties formerl)- granted. 1 This is incorrect. There is a reference to the Church of St. Mary, Old York, on m. 13. " Secunda pars. See also p. i, m. 14. •' Sic, for m. 14 read m. 4. ^ Secunda pars. ° Mems. 1 1 and 12 are also given, but incorrectly. ° Ratificatio status et relaxatio redditus, Pat. 20 Edward IV, p. 2, m. 4. — T. VV. ' Sic. The entry says : " . . . ecclie. de Betham alias diet. Bethome." * Sic, for Byron. " There are only four membranes in Pat. Rot. 27 Henry III. The Chart. Rot. for the 27th year of this King has certain Letters Patents entered upon it, but they do not give the information here recited. '" This is in the Pat. Rot., Secunda pars of the year quoted. " " Concerning the liberty of their tenements in the non-payment of toll." " There are only eight membranes in Claus. Rot. 14 Henry III. " "Concerning the enclosing of lands in Naburn and Estwirk so that the deer of the King shall not trespass there.'' Monks attacked by the Citizens. 243 Pat. 27 Henry VI :' a confirmation, with an explication and augmentation of their liberties. Pat. 5 Edward III, m. 14 -^ and 9 Edward III, m.6? the whole hunting of the Forest of Spaunton and Rlackamorc, between the waters of Done and " Syvena", were granted to this Abbot, in exchange for the tenth of the venison of this Forest of Galtrcs, which it appears they had b>' Pat. 2 Edward III, m. 24.' In Chart. Rot. 5 Edward IV, No 15, there is a large confirmation of their charters and liberties in the Forest of Spaunton. Yet in 25 Edward III, m. 6, I find that ho had tlie custody only of the Forest of Spaunton. King Henry I did grant the tithe of all his venison in Yorkshire to this Abbot, as appears in the Eyres of Pickering.' This Abbot had a several piscary at Epworth, anciently granted by Roger de Mowbray (Inquis. 2 Henry IV, No. 45).'' For their jurisdiction within Bootham, in the suburbs of the city of York, by agreement: Pat. 26 Edward HI, m. 6, in dorso ; et 28 Edward HI, p. 2, m. 17. Liberty was granted to the Abbot to inclose his wood at Overton, and to make a park by metes and bounds (Pat. 18 Richard H, p. i, m. 24 ; confirmed 22 Henry VI, p. 2, m. 3). An inquisition and an examination was made throughout all England of weights and measures by faithful servants of the King, amongst which were sent Mr. Robert Benevcn and John de Swyneford. And the libert>- of St. Mary of York was saved. This was in A.D. 1274, the 5th of the Ides of March. Great controversies did happen between this Abbot and the citizens of York. In the year 1262, viz., 18 Kal. September, being the day of the Assumption of the Blessed Marj-, there was an extreme violence used by the citizens of York against the Abbot and Convent of St. Mary in killing of their men, plundering of their goods, and burning of their houses in Bootham. But the day after, during the conflict, the Abbot, for peace sake, made an agreement for £\GO, of which he paid at the same time lo marks ; and the Abbot, to avoid further danger, did absent himself for a year or more.^ In the ' This refers to m. 25. - .Secunda pars. ^ Secunda pars. This is based upon a rharter of Henry II, and begins: "Whereas Henry 11", etc. The charter of Henry II Is entered in Man. /4nt,'., vol. iii, p. 560. ' Secunda pars. ' Selden, History of Tithes, fol. 352.— T. W. " This reference is wrong. ' Annalts Men. ft. .)A, l!ib. Bod. — T. W. K 2 244 Pleas within the Gate of the Abbey. year 1264, viz., the loth of the Kalends of Jan., the Lord Simon, the Abbot who had been absent for one whole year, by occasion of this, did return to his house. Anno Domini, 1266, in the third of the Kalends of May, upon the instance of divers persons, the citizens of York were reconciled unto the Abbot and Convent of St. Mary, but especially by the procure- ment of John de Eketon, and did gratis make several releases each to other, with a saving of the liberties of each party, and of those things that belong to the Crown. A.l). 1281, scilicet nonis Julii, the Abbey of St. Mary was set free de Judaismd^ against the Queen of England for a certain false letter containing 300 (F) libras due to Joce the Jew. Anno 1282, viz., the Vlth of the Ides of June at Leicester, the Abbot of St. Mary did put himself upon the grace of the Queen Eleanor for ;^SOO, and use incurred for the same, from the time of the Lord Robert of Langham, the Abbot, by a false letter forged by the Jews with the impression of the seal of the Chapter hanging to it, but falsely made, which did pardon all things unto him lax £yx). Upon which cause there was a message sent by all the schools of the Jews in England that they might shew their cause if they had any, or otherwise the same to be of no value. A.D. 1 301, pleas were held of the liberties of St. Mary's of York, within the gate of the said Abbey, scilicet upon Friday in the Quinden of the Purification of the Blessed Virgin Mary, scilicet the 14th of the Kalends of March, G being the Dominical letter, in the time of Benedict the Abbot, before the King's Justices Sir Ralph de Metingham,'-^ William de Bereforth,^ William de Hauward,* Peter Mallore,* E. de Bermingham," and Lambert de Trickingham," Justices of the Bench in the 30th year of the reign of King Edward, son of King Henry, in the presence of the Lord Edward, Prince of Wales. A.n. 1306, Clement the Pope did grant many provisions improvi- dently to everyone almost who sued for the same, viz., eight to ' Judaismiis = Jewry. - Sic. Is not John de Metingham here referred to? See p. 181, note 3. ■^ William de Hereford : Just. C. P. in 20 Edward I ; C. Just. C. P. 1309, in succession to Ralph de Hengham. He died in 1326. —¥osi, Judges of Eng., vol. iii, P- 234- * and * William de Haward and Peter Mallore receive notice (with L. de Tri- kingham)to continue in the office of J. C. P.: — Claus. Rot., i Ed. II, m. \<), indorse. * Sic, for Richard de Bernyngham ; d. about 1330. ' Lambert de Trikingham is named as a Justice Itinerant 27 Edward I (1299). He was made a Just. C. P. 1300, Just. K. B. 1316. He retired from the King's Bench in 1320, nnd was made a baron of the E.xchequer. — Yoss, Judges of Eng., vol. iii, p. 533. A Maj'ket in Bool ham. 245 St. Peter of York, and three to the Abbot of St. Mary'.s, and every- thing which could be sold for money ; and thereupon saith the record : — " Inconstans semper fuit et erit in aeternum. Demens mira nititur plurima. Et in suis actibus non .... Nam quod fecit hodie eras vult infirmare Post eras pro pecuniae summa revocarc. Hene dici poterit Papa stupor mundi, Quern ve.xant ut credimus spiritus immundi, Qui totius Anj^liae cleruni vult confundi, Pro quo sicut debent preccs debent fundi."' " Pauperibus sua dat gratis nee munera capiat Curia papalis. Quod bene perspicimus." These two verses were well inverted : — " Perspicimus bene quod Papalis curia captat Munera, nee gratis dat sua pauperibus."' Anno Domini, 1308, there was a charter obtained for the liberties of St. Mary's of York, and confirmed by Kin, soc, sac, and uifanythef, and with all his customs and liberties with which he ever held them belter and more freely in the time of Kinj; Henry. Witnesses: K. de \"crc and Robert, son of Richard. At Nottingham." ' Called Silvester de Everdon, from his church in Northamptonshire. He was Archdeacon of Chester in 1246 ; Bishop of Carlisle 1247 ; Just. Ilin. 125J. VUe Yoii,Juiiges Eng., vol. ii, p. 322. - See p. 123, note 1. ' Ihe MS. says Henry II. 252 Liberties of the Lardinars. (2) To keep the prisoners of the forest.^ (3) And sometime to have the measure of the King for corn, and to sell the King's corn. (4) And that they had daily out of the King's purse ^d. ; and for these his ancestors had charters. (5) Sometimes they used this Liberty : To take every Saturday from every window of the bakers where bread was set to be sold a loaf or a halfpenny, of every brewer of ale a gallon of ale or a half- penny, of every butcher's window a pennyworth of flesh or a penny, of every cartload of fish sold at Foss Bridge, four pennyworth of fish as they were bought at the sea side or fourpence, and of every horse- load of fish a pennyworth or a penny. (6) That they used to make distresses for the King's debts in the city, and to take ^d. for every distress ; and that they were Aldermen of Minstrels. (7) The ancestors of David le Lardinar have used these Liberties in the time of King Henry, grandfather of the King that now is, and in the time of King Richard, till they were hindered, and they used all these Liberties in the name of the serjeanty which they held of the King. This record was sent to the King. In the Purification of St. Mary, in the 38th year of Henry HI, before Hugh, Abbot of Selby, and Adam of Hilton,^ justices of the King at York, mention is made of a fine which was levied at West- minster, in Easter Term, in the 37th year of King Henry HI, son of King John, before the King and before Ralph, the son of Nicholas, and other justices there named, in all seven in number, between David le Lardinar, plaintiff, and John de Selby, Mayor,' and the Citizens of York, defendants, by which the said David de Lardinar did remit and ' This forest formerly reached to Aldborough (Isurium), and was the home of the bear, the wolf, and the wild boar. It is reputed as having been a favourite hunting- place of British, and after them of Saxon, kings. From a Perambulation of the Forest of Galtres contained in Forest Rolls, g Edward II (1316), it appears that it comprised about 100,000 acres of land, and that within this area were sixty town- ships. This perambulation was made by " Robert de Umframvill, Earl of Angous, Keeper of the Forests of our lord the King beyond Trent". A perambulation made in the 28th year of Edward III (1355) shews that the forest then extended to the walls of the city on the north-west. The word Galtres is said to be derived from the British 6'a/tz Ire, which signifies the wood adjoining the town. ' Just. 1251. Vide 7ois, Judges Ettg., vol. ii, p. 366. ' See p. 82. Lardinars came zi.ni/i the Conqtteror. 253 release to the Mayor and Citizens all his right and claim to the taking of toll, the measures, the fish toil before mentioned, and the flesh toll, and the brew toll of every brewer of ale, and the making of distresses for the King's debts and the a,d. for every distress. For this remission the Mayor and Citizens gave to David 20 marks of money. This was done by the assent of the King for the meliora- tion of the city because the said David did claim all these as belonging to his serjeanty, which he held of the King. The said David did also by his deed make a full release accordingly of all these particulars. The deed was dated at York, the last day of April, in the 37th year of Henry III, son of King John, wherein he doth promise that if the Mayor and Citizens will chirograph that deed in the King's Court, he will be willing to do it. And he swore tactis sacrosanctis to observe it. It is attested with these witnesses, amongst others ; Sir Thomas Sandford, the King's Clerk ; Robert de Creping,' then Sheriff of Yorkshire ; Adam de Everingham ; Robert de Stapleton ; William de Botehall ; Gerard Salvayn ; John de Rowndeby ; William de Leirton ; Simon de Halton ; John de Hamerton ; Alan deCathcrton; Simon de Lilling ; William de Ilaget ; Robert Guer, and others. Amongst the Pleas of Quo Warranto, in the time of Edward II, David Lardinar saith, " Quod proavus proavi venit in Angliam cum Willielmo Conquestore." ^ Amongst the records of the term of St. Michael in Memorandis Scaccarii,^ in the 7th year of King Edward II ; Inter Fines de Termino Sancti Michaelis Rot. 3 : It appears that Ralph de Leake and Margaret his wife, daughter, and one of the heirs of Philip le Lardinar, made F'ine to the King by 2 marks for the relief of Margaret after the death of the said Philip for the moiety of a messuage in the City of York, which is called The Lardinar's Prison, and for £,W \\s. and a half-penny yearly rent, payable out of the King's Farm of the said city by the hands of the Hailiffs of York, anti 1$. 6d. rent for the part of Margaret, for which Margaret had done homage to King Edward the father of the King. And they paid relief for y. Od. rent in Thorp, as it appears by the original uf 33 Edward I. The whole relief was is. Sd. J\feworanduw, that the said house and rent were of the scrjcant)- of David le Lardinar which he held by the service of keeping of the Gaol of the Forest, and selling the cattle that were taken for the ' Mentioned Ca/. /nguis., p. l, m. 60 fsee Foss). ' "That his jfre.it-grantlfather's great-nrandfatlicr came into Kn>;land with the Conqueror." ' Scaccarium = The Exchequer. 254 Gaol of the Forest of Gait res. King's debts. This serjeanty after the death of David did descend to Philip, but he did not die seised of the sale of cattle, because the serjeanty of that sale was seized into the King's hand in the Eyre of Henry de Crcsingham' and his fellow Justices Itinerant in the said city. The \s. was charged upon him as the moiety of xj. which the said Philip used to pay to the King for his land in Thorp Bustard by the >'car, and was part of the serjeanty of the said Philip. Ellen, the younger daughter of the said Philip, did pay the like fine for her part (/« memorandis praedictis). In Anno 3, Rotulo Computorum de Escheatis, Regis Hen. VI, in the Accompt of William Ormeshead, late Mayor and Escheator of the King in the same city, from the 3rd of February in the third year of the King to the 3rd of February in the fourth year, that is, for one whole year, it is contained thus ; " De aliquibus exitibus manerii de Davygate dictc prisone Lardinariae cum pertinentiis in Civitate praedicta " : That Robert Thornton deceased held, the day that he died, of the King in his demesne as of Fee, by the service of the keeping of the Gaol of his Forest of Galtres, receiving the rent of £"] \2s. id. from the King and his heirs by the hands of the Sheriffs of the city, at the feasts of Michael and Easter by equal portions, and two oaks in the Forest every year, and a buck in summer, and a doc in winter yearly ; and to hunt foxes and hares in the said Forest at all times in the year except fifteen days before and after the Feast of St. John Baptist ; and that the said manor is extended as is contained in a Transcript and Inquisition of Extent thereof before the said Mayor and Escheator by virtue of a writ oi diem clausit extreiimni" and delivered upon this accompt, that is to say, a die Dominica next before the Feast of Pentecost, in the 3rd year of the King, upon which day the said Robert died. But no profits received because no rent days incurred, nor since because the said Mayor and Escheator had, by virtue of the King's writ under the Great Seal, dated the 3rd of July, in the said 3rd year, delivered the said manor with the appur- tenances unto John Thwaytes, and Johanna his wife, the daughter and heir of the said Robert. In which wTit it is contained that the 1 Justice Itinerant 1292. He appears at the head of the Justices for the northern counties. He became Treasurer of Scotland, and was slain at Cambus- kenneth in the victory of Wallace over the English troops, 1296. Yoss, Judges Eng.^ vol. iii, p. 82. - Diem clausit extremum was a writ that issued out of Chancery to the Escheator of the county, upon the death of any of the King's tenants in Capite, to enquire by a jury of what lands he died seised, and of what value, and who was the ne.\t heir to him. Entries Copied on a separate Membrane. 255 King for a mark paid unto him in the hamper,' had respited the homage of the said John the husband of the said Johanna, the daughter of Robert Thornton, for all the lands and tenements which the said Robert held of the King in Capitc the daj- of his death, because the said John hath issue by his said wife and hath delivered the land unto them. And by the said writ the Mayor and Escheator was com- manded that he should take the fealty of the said infants and security from the said John and Johanna for their reasonable relief to be paid in the Exchequer, etc. It appears by the Sheriffs' Accompts of the city, in the 4th year of Henry VI, inter praecepta de Termino Hilarii, Rot. 3, that the said rent of £-j \2s. id. was allowed to the Sheriffs upon their accompt, being paid by them to the said John Thwaytes and his wife, which David Lardinar and his heirs have used to receive out of the Farm of the City as is contained in the Great Roll of Richard II in Civitate Eborum, and in Memorandis Anno. 20 Rich. II, Rot. 3, and the pa)'ment is allowed by the Barons. There is the like accompt and allowance made in Memorandis Scaccarii 5 Henry VI inter praecepta Sancti Hilarii, Rot. 3, where amongst other things there is a recital of the former inquisition taken before William Ormeshead, i2tli Jul)-, in the 3rd year of Henry VI, wherein are set down as "membra manerii dc Davygate called Prisona Lardinariae, a ruinous house which is worth nothing", ?>s. rent issuing out of 2 carucates of land in Bustard Thorp which William Davis held ; and js. rent issuing out of the moiety of a "carve" of land in Bustard Thorp which Sybil Inculbeck held ; and one pound of pepper issuing out of 2 carucates of land in Hesill which Thomas Santon held as part of the said serjeanty. Memorandum, that all the Pipe Rolls from the 9th year of Henry II until the 19th year of Richard II inclusive, being above 230 years, so much in every one of them as containeth Lardinar are transcribed into one Roll, which arc endorsed, R. Thornton, hoc inodo : Rot. 9 Regis Hen. II, inter alia continetur sic- — " Et in liberalione ;^12 I2J-. i. 1. ■' Sic, for Cf. • Should be fol. 680. See fol. 378 in the printed copy. • A balistarius was a cross-bowman. Jlulisla is used for the cross-bow, but the full word is arcubalista. ' This refers to Ciivendale. • \/V, for Wallingham. » Sic, for Ci. '" Sic, for iiijj. 264 Cross- bowmen for the Castle. the serjeanty of keeping the Forest between Ouse and Derwent, but the value is not known. '■ (9,1 Robert de Gevedale and Thomas de Gevcdale, do hold all Gevedale, by balistcrj' to the Ca-^tle fif \'()rk." That book goes thus far. Ivscheat. 25 Edward III, No. 51 : Ankctync Salvayn, Knii;ht, did hold the day of his death, four tofts and four oxgangs and a half of land in North Dalton of the King, in Capite, as of his crown, by homage, and the sixth part of a certain serjeanty ; which entire serjeanty is held of the King in Capite, by the service of finding one man with bow and arrows in the Castle of York, at his own charge for forty days if there be war in the County of York ; and paying to the King in his Exchequer, b)- the hands of the Sheriff of Yorkshire, xvj. at Easter and Michaelmas. Escheat. 20 Edward III, No. 46:' John le Archer held the day of his death, one messuage and four acres of land in Yapam, or Yarom,- of the King in Capite, by the seventh part of a certain serjeanty, which entire serjeanty is held of the King in Capite, by finding one man with bow and arrows in the Castle of York as before. Escheat. ly Edward III, No. 48;^ (et) Escheat. 3 Edward II, Adam de Staveley : William, the son of Cecily de Staveley, of North Gevendalc,^ held the day of his death certain lands in that town, and in East Gevendalc,^ of the King in Capite, by the service of a ninth part of a certain serjeanty, which entire serjeanty is held of the King by the service as abo\c. Escheat. 51 Edward III, No. 13 : Agnes de Gevcndale at the day of her death held one messuage and land in East Gevendale of the King in Capite, to find, with her fellows, one ballister within a certain tower in the Castle of York, for the safe custody of the Castle in time of war. The round tower near the Castle was built by William the Conqueror, and is called Clifford's Tower. Probably it hath derived the name because the Lord Clifford was Castellan, Warden, or Keeper of it, as Walter Strickland, of Boynton, Esquire, a good antiquary, was of opinion. The Lord Clifford hath also anciently claimed to carry the sword of the city before the King in this city at such time as the King came there. I find some memorials of this in the books of the city. The first which I find was upon the coming of the late King James, ' Sic. For No. 46, read No. 6. ° Yapham, near I'ncklington. ' This reference is wronfj. ^ Near Ripon. ° Near Pocklinglon. The Castle Warden carries the City Sword. 265 in the year 1603, out of Scotland, which is mentioned in the city book in this manner : — "The 26th of April, 1603, one Mr. Lifter came from the right noble Lord George, Earle of Cumberland, Lord Clifford, Knii^ht of the Most Honourable Order of the Garter, to acquaint the Lord Mayor and Aldermen how that the said Earlc, according to his Right, expected to beare the Sword before the King in this City, in such sort as his Ancestors have been accustomed to do ; To whom this Answer was made, That for as much as it doth not appeare by any of the ancient presidents of the City, that cither the Earle or any of his Ancestors have before this tyme borne the said Sword before any of the King's progenitors, nor hath the said Earle shewed any writing in that behalf, but claymes this by Prescription ; Therefore they ordered that Mr. Recorder and Mr. Robert Asqwith, alderman, should wayt upon the Earle, and answer him. That ye Lord Mayor will deliver the Sword to the King himself, and leave it to his pleasure who shall beare the same, whether the Lord Mayor, or Earle, or any other. And the same 26th day of April, before the King came to the City, Sir Thomas Chaloner came to the Lord Mayor, Recorder, and Aldermen, to know from them who had formerly borne the sword before the King in the City, because he heard that the Earle of Cumberland did clayme to carry the .same within the City, as his Inheritance, and that the Lord Burleigh pretended to carry the same as Lord President of ye Counsell established in the North parts. And Sir Thomas Chaloner affirmed That ye King's special care was, that such persons as had right should carry the same. Hereunto the Lord Mayor, with the advice of Mr. Recorder and of the Aldermen made their Answer that the Earle of Cumberland had oftentimes affirmed in the tyme of Queen Elizabeth, That he ought and had Right to carry the Sword before the Queen, if she came to the City of York, and that his Ancestors had borne the same before other her progenitors Kings of England within this city, and that it was his inheritance ; And since the death of the late Queen he hath claymed the same, and the common and general report of the antient citizens is, and of long tyme hath been, that it belonged to the said Earle, and that by report of antient men the last tyme that King Henrj- VHI was at this City, the then Lord Clifford, father of this Earle (the then Earle of Cumberland, father to the .said Lord Clifford, being imployed in the special affaires of the said King in the north parts) offered to carry ye Swoid before the said King Henry VHI within the City, which was then opposed by some honourable persons in favour with the King ; and the Lord Clifford then made the Earle his father's Right and Title thereto so clear and apparent, that the opposers 266 Visit of Henry VIII, and James I. could not gainsay the same ; but to prevent the Lord Clifford's desire for the present, did alledge, that howbeit the Earle of Cumberland had such Right, yet his son the Lord Clifford could have no Title thereunto in the life of his father ; and they also objected that the Lord Clifford rode on a Gelding furnished in the northern fashion, which was not comely for that Place. To ye first, the Lord Clifford answered that the Earle his father being employed in the King's affairs, he trusted that his absence should not be made use of to the prejudice of his Inheritance, And for the supply of the defects of his horse and furniture Sir Francis Knollys, a pensioner, alighted from his Horse and gave it to the Lord Clifford, and King Henry VHI perceiving the Earl's Right dispensed with his Absence, and delivered the Sword to the Lord Clifford his son, who carried it before the King within the city." " In the year 1617 the late King James in his progress towards Scotland came to this City ; but before the King's entry into the City, the King being then in the Aynsty, the County of the City, the Earle of Pembroke, then Lord Chamberlayn, asked for Sir Erancis Clifford, Lord Clifford, then Earle of Cumberland for to carry the King's Sword before the King, which the sayd Earle refused, answer- ing That his Ancestors had allways used to carry the City Sword, before ye King and his noble progenitors, ivitltin the city. The Lord Sheffield, then Lord President of the North, hearing this, said, ' If he will not carry it, give it me to carry.' " The Lord Chamberlain replied, ' Shall the King ride in State, and have no Sword carried before him ? ' Thereupon the Lord Chamber- layn and the Earle of Cumberland went to the King to know his pleasure, which the King signified to be that the Earle of Cumberland should carry his Sword till he came within the Gates of the City, and then should take the City's sword, which the Earle did accordingly ; And when the King came within the Bar of the city, Robert Askwith, Lord Mayor, delivered the Keys, Sword, and Mace to the King, and the King delivered the Sword of the City to the Earle of Cumberland, which he carried before the King in the City." The 30th of March, 1G39, when the late King Charles came to York, in his progress toward Berwick, I find an entry made in the book of the City to this effect anent this matter : — " The Sword of the City was borne before the King b\' Thomas Earle of Arundel and Surrey, Earle Marshall of England, for that the Lord Clifford, who was chief Captain of this city, was then absent and in the King's service at the city of Carlisle, who of Right should otherwise have borne the same, as at other times his father and others of his Ancestors had done ; and the Lord Mayor bore the City's Mace, and afterwards Visit of Charles I. 26: durinij the King's abode in the City (which was for the space of one month) tlie Swoid of the City was borne before the King by divers of the lords in their Courses, severally, and not allways by one and the same person, till the Lord Clifford came to the City, and then he bore the Sword before the King, as of Right due to his father, ye Earle of Cumberland, who was then infirme and not able to attend the service." CHAPTER XIX. • , . I • ■) ^atftawenfe, (Beneraf Councifa, &tMx(x^ Course of '^xxeiiu ?efb af ^otR» IlK business of this chapter is to speak of Parliaments, and other great Courts and Councils kept and holden at York anciently. In the fifth age of the world,' some 400 years before the birth of Christ, after the death of Molmutius,'- King of Britons, who enacted certain laws called Molmutine Laws, his two sons, Belinus^ and Brennus divided his king- dom between them, till Brennus, the younger, aspiring at the whole, was vanquished and expelled by his brother into France. In this war, Gurthlac, King of Denmark, was taken prisoner by Belinus, qui congregavit omnes regni proceres apud Eborum consilio eoruni tracta- tiirus* what should be done with Gurthlac, who proffered submission and the payment of an annual tribute.^ ' Geoffrey of Monmouth, lib. in.— T. W. ^ Matthew of Westminster, Etate 5, p. 53 et 54.— T. W. ' Belinus built a good new port at Troynovant, or London, which to this day is called Belingsgate.— T. W. For these fabulous matters see Geoffrey of Monmouth, Brit. Hist., Bk. 11, c. .wii, and Bk. m, c. v. Dunwallo Molmutius is said to have begun to reign 444 E.G., and to have been the i6th King of the Britons. ■* " Who called together all the nobles of the realm at York to debate by their council.' 6 Matthew of Westminster, Etate 5, p. 56.— T. W. Parliament of William II. 269 The nobles resolved that he should be enlarged upon that condition. In the year of our Lord 1072, beinfj the 6th year of King William the First, the 6th of the Ides of April, a General Council for England was held at York.^ In the 2nd year of William the Second, commonly called Rufus, a Parliament was held at York — 1089.- Justiciarii Itinerantes apud Kbonim, 30 llciu>- 11, being the first that appears for that shire, though they began in the 22 Henry II, as appears by Mr. Selden's notes upon Henghain : Galfridus de Luci,* Hugo de Norwic, Hugo Murdac,'' Rogerus Arundell,^ Galfridus de Nevill," Willielmus le Vavasour,^ et Galfridus Hagcf^ Justiciarii Itinerantes apud Eborum. In the time of Richard I, in the year 1196, after his return from the Holy War, a Council was held at York, but little effected. A Council was held at York in the time of King Richard I, Pope Celcstinc being Pope, by Hubert,' the Pope's Legate, then Archbishop of Canterbury, and Chief Justice of England. This was the time when [Geoffrey] was Archbishop of York. Roger Hoveden in his A ntials {{o\. ^2g, pars posterior) makes mention of Pope Celestinc's letters in that behalf, and of Decrcta Eboracensis Concilii. In the Mth year of Henry III, I find an Assize levied "in Curia Domini Regis apud Eborum in Crastino Epiphanie anno Regni Regis Henrici Filii Regis Johannis imdecimo, coram Roberto de Veteri * Matthew of Westminsler, lib. ii, p. 4. — T. \V. ' Moil. Aug., Ex vetusta nienibrana in Turri S. Mariae Eborum quae fuit in esse, 1628.— T. W. ^ See p. 257. ■• He belonged to the same family as the Abbot of Fountains Abbey, who was promoted to the Archbishopric of York 1 147. Just. Itin. 1179. — Toss, Judges Eng., vol. i, p. 282. ■' Just. Itin. at the close of the reign of Henry II, 1189. He was also cuslos o( the farms and manors of the See of York during its vacancy at this time. » Sic, for Alan de Neville.— Just. 1 165. ' Ibid., vol. i, p. 422. Vide ante, 257. ' He, and his father Bertram, are mentioned on pp. 143, 144, concerning Healaugh and its priory. He died unmarried, and his property was divided between his sisters {Vide p. 144, Wighilt). His sister Alice is named on p. 154 under SiniiiiigtlraHiite. ("iCotTre) Haget and William de Stuteville were custodes over the county of York, when .Archbishop GeotTrcy I'lantagencI, who was Sheriff of the county, refused to appear before the Commissioners appointed to dctennine the controversy between the Archbishop and the Canons of York. Ibid., vol. i, p. 384. " Archbishop of Canterbury 1193-1207. 270 Curia Domini Regis. Fonte,' Johanne filio Roberti,- Marlino do Fateshill,^ Thomas de Mulcton,^ Briaiio dc Insula/' Williclmo dc Insula," Richard de DuketJ Justiciariis Itinerantibus et aliis Domini Regis fidelibus tunc ibidem presentibus inter Willicimum Fairfax ct Aliciam uxorem ejus petentes et Hugonem Magistrum Sancti Leonard! Eborum tencntcm de terris, etc., in Acomb. The fine was levied upon an Assize of Mort d' Ancestor."* The like appears by another fine levied in Curia Doint7n Regis apud Eborum? Another fine was levied^" " in Curia Domini Regis apud Eborum in Crastino S. Johannis Baptiste anno Regni Regis Henrici filii Regis Johannis tricesimo coram Rogero de Thurkelby," Gilberto Preston, '^ Magistro Simone de Walton," et Johanne de Coleham," Justiciariis Itinerantibus et aliis Domini Regis fidelibus tunc ibidem praesentibus inter Rogerum le Wanton et Mildon uxorem ejus petentes, et fratrem Willielmum Magistrum Hospitalis Sancti Petri Eborum tenentes, de uno tosto cum pertinentiis in Wichton unde placitum fuit inter eos in eadem Curia," etc.'-^ ' See ante, p. 18. Just. Itin. 1218. — Vide Foss, Judg-es Eng., vol. ii. p. 496. - Ibid. I do not find when he was made a Justice. ^ See p. 122, note. ■• Thomas de Muleton was a man of restless and determined ambitions, and suffered repeated disgrace, but quickly rose again into favour. Just. Itin. 1219; Just. 1224 ; C. Just. 1236 Q).— Vide Foss, /udges Eng.,\o\. ii, p. 415. '" Brian De I'lsle was a devoted adherent of King John. Under Henry III he was at first in disgrace, but rapidly rose into favour. It is not certain whether his name refers to the Isle of Ely or the Isle of Wight. Just. Itin. 1226. — Ibid., vol. ii, P- 370- " Just. Itin. 1225 ; Just. 122S. — Ihid., vol. ii, p. 373. " His father was Chamberlain of the City of London at the end of the reign of Richard I. His own name appears on grants 5 and 8 John. Just. Itin. 1225. It is probable that he became a regular Justiciar. — Ibid., vol. ii, p. 312. * This I find in a Chartulary of the Hospital of St. Leonard. — T. W. » Ibidem, Fol. 8.— T. W. "' Chart. S. Leonardi Eborum, fol. 232 — T. W. " See p. 123, note i. '- See p. 123, note 4. " " Magister Simon de Wautone" ( Vide Claus. Rot. 30 Hen. Ill, m. 8 in dorso), so called from the place of his birth, became Bishop of Norwich in 1257 (Aug.). He was appointed Just. Itin. 1246 ; Just. 1247 ; C. Just. 1257 (April). " Sic, for Cobeham, or Cobbeham. This John was son of Henry (Just. Itin. 3 Hen. Ill), and father of John (Just. Itin. 1268 ; Just. 1270 ; B. E. 1276). He became a Justice in 1244. — Comp. Uugdale and Foss. ''"... in the Court of the Lord King at York on the morrow of St. John the Baptist in the thirtieth year of the reign of King Henry, son of King John, before The Exchequer at York. 2 7 i Anno Domini 1268, the day before the Ides of June, there did sit four Justices and many other great men in the Old Bale of the City of York. There was to be tried by duel which concerned a certain pasture lying between the bounds of the towns of De Sexdecim Vallibus and of Brideshale, distinguished by metes and measures in a chirograph made thereof and publicly debated by the Justices of Assize, and adjudged to the Plaintiffs, who were three, that is to say the Abbot of St. Mary's of York, the Prior of Kirkham, and the Lady Gcneser, as belonging to their town De Sexdecim Vallibus. But at the instance of the Justices and of other great men, the parties, who had the Judgement, gave by their own voluntary recognition, before them all, to the other parties, that is to say to the Lady Peter de Malo Lucu LX marks of silver for their expenses, and for their love, and to Geneser, that is to say, Peter de Brus.' Anno 1299, in 26 Edward I, a Parliament was held at York, but little done in it, but the same Parliament was afterwards adjourned to Westminster. At a Parliament held at London at Easter in the 26th >'ear of King Edward, son of King Henry, it was ordained that the Exchequer and the Bench should be held at York, at the Feast of the Holy Trinity, and that they should be held within the Castle. And command was given to the Sheriff that if there should be any want of houses, or other things, he should cause them to be made. There was a Parliament held at York in the time of King Edward I, where that King, making war for the repression of the insolencies and rebellions of the Scots, and to subdue them to obedience, .sent for the chief men of Scotland thither. But they not coming, the King went from York to them with a strong army, and had a battle, in which many of the Scots fell, and the crown of the King of Scots was taken. And after, in the Feast of St. Martin, the King came to York, the Parliament being held there. /\nd it should seem that when this King was in his wars against Scotland, and there himself, that the General Courts of Justice were Roger de Thurkelby, Gilberl Preston, Master Simon de Walton and John de Cobeham, justices itinerant, and other faithful servants of the Lord King being then present there, between Roger Ic Wanton and Mildon his wife, demandants, and lirother William, Master of the Hospital of St. I'eter of York, tenant, of a toft witli appurtenances in Wichlon, concerning which there was a plea between them in the same Court, etc." ' In Bibl. Bodleiana 0.\on., Svo, W. 46, Theol. .Mb. AnmiUs MoiuisUrii li. Marine Ebonnii. T. W. >^2 Preparations at the Castle. then frequently held at York. The words of Thomas Walsingham ' are these, the idiom being only changed : " The King having subdued Scotland to his will, came into Elngland, and when he came to the City of York, he did command the Sessions of the Justices of the Bench and Exchequer, which had remained at York seven years, to be transferred to London." In Edward II's time, after the battle of Stirling, where the English were defeated,^ the King came to Beverley, and afterwards to the City of York, ubi magnum aim clero tcnuit consilium et regni magna- tibus universis. Claus. Rot. II Edward II, m. 14'— " The King to the Sheriff of York greeting : Whereas we have ordained that our Chequer and our Common Bench should be transferred to York, and should be there held, we command you that you cause our houses, within the Castle of York, at other times ordained for the Chequer and Bench aforesaid, by the view and witness of honest and lawful men of your Baylywickc forthwith upon sight hereof, out of the issue of your Baylywicke to be repaired and amended, And hereof you are in no wise to fail. And those charges which you shall be at in the premises we will cause to be allowed in your accompt at our Exchequer. Witness : The King at York, the 20th day of August." " The King to our Beloved and Faithful Henry le Scroope* greeting : Because by the Counsel of the Prelates and Peers of our Kingdom, we have ordained that our Exchequer and our Bench be transferred to York, and there held, whilst, for the expedition of our war of Scotland,* our stay shall be necessary in the north parts, or until we shall think fit to ordain otherwise, we demand ye, that setting all other business apart, ye be at York in the Octaves of St. Michael, 1 Thomas Walsingham, fols. 75, 89, 106.— T. W. Thomas Walsingham was a monk of St. Albans, and the chief copyist of that Abbey at the close of the 14th century. His Hisloria brevis Angliae, compiled largely from the Chronicle of St. A/ians and Polyc/ironUon (^set ante, p. 12, note 3), was published by Archbishop Parker in 1574. Walsingham also wrote a history of Normandy, and had much to do with the continuation of the famous Chronicle named above. "^ The battle of Bannockburn, fought June 25th, 1314, about two miles from Stirling. King Edward escaped by taking refuge in Dunbar ; thence by sea he fled to Berwick. It is said that the English and Scotch troops numbered 100,000 and 30,000 respectively. ^ There is no such entry on this Roll. There is a similar order on m. 6, of 12° Edward II, dated 30th May, and other orders referring to the same occasion. * Just. C. P. 1308 ; Ch. K. B. 1317 ; Ch. B. E. 1330. He died in 1336.— K/Vd- Tos%, Judges Eng., vol. iii, p. 499. The Statute of York. -/.I next coming, to hold the Pleas in the same Bench, together with other our lieges according to the law and customs of our kingdom. " Witness : The King (etc., as above)."' There was a command in Parliament to carry the Rolls of Parlia- ment, as also the Rolls of other Courts, to York, that the Exchequer and other Courts might be holdcn there, and it was done accordingly (B. W., 12 Edward II, m. 14). The Statute commonly called the Statute of York- was made there, at the Parliament held there, 20th of October, 12 Edward II, A.D. 1 318.'' In Polychronicon, lib. VII, fol. 312, it says that in the 15th year of Edward II (a.d. 1322), about the Ascension of our Lord, the King held a Parliament at York, and there made Hugh le Spencer, Earl of Winchester, and Andrew Hardee,^ Earl of Carlisle. In the 7th year of Edward III the Court of Common Pleas was held at York. A fine levied there between Thomas le Vavasour, and Joane his wife, complainants, and Mauger le Vavasour deforciant of the manor of Denton, and the moiety of the manor of Askwith.'' And it appears by a writ of Prohibition directed to the ^layor and Bailiffs of York for a Clerk in Chancery (M. 8 Ed. Ill), that the Chancery was then held at York, the writ bearing Teste at York, the 12th of December, in the 8th year of Edward III (Reg. of Writs, fol. 47). There was another Parliament held at York, in the 9th year of Edward III (.\.i). 1335), and the Statute for Money" was made there the same year. In the 14th or i6th year of King Richard II, the Court of the King's Bench and Chancery, and the other Courts of Justice, were removed from London to York, Neville, the Archbishop of York, the Lord Chancellor, being very tender of the advantages of the Cit)- of York. And there they remained from Midsummer till Chri.stmas following ( Vide Stowc's Annals, fol. 308). ' This does not appear in the place named above, but there is a siniil.ir entr>' in Claus. Rot., )2 Ed. II, ni. 29, in dorso. ' \'idc Statutes of the Realm, ed. mdcccx, vol. i, fol. 177— e.\ Magno Rot. Slat., 12 Edward II, m. 32. The title appears in the printed series of the Statutes, but it is not on the Roll. 3 Tho. de la Mort, De Vita Eihcardi II, fol. 596.— T.W. See Camden, Anglica Scripta. * Sic, for Harkelcy. ' Inter Fines apud Eboruni, M. 7 Edward III coram Willielmo Herle et aliis sociis suis in all 7, and recorded M. S Ed. III. And a line M. S Ed. Ill of the same lands. — T. W. • Vide Statutes of the Realm, vol. i, fol. 237- e.x Rot. Fin., 9 Edward 111, m. 10. T .74 Great Council of 1640. Ill llic 2i\\<\ year of King Richard II, the Court of King's Bench was held at this City, as appears by a Book case, F. Challenge 177. King Henry IV did remove from London the Courts of Justice and Terms to be kept at York, that is to say, the Chancery, King's Bench, the Common Pleas, and the Exchequer, where the same con- tinued from IMidsummcr until Christmas.' And King Henry VI, by his Charter, dated the 27th year of his reign, made to this city, doth recite that the City of York for the present is much diminished, and in great decay, and for a long time hath no help nor relief by the King's presence there, nor by his Courts, Councils, nor Parliaments. Prince of Wales crowned at York, 29th Aug. 1483.^ King Richard III came to the City of York, the Queen and the Prince with him, and many of the great men, and was received in procession by the City at the Chapel of St. James, and so entered into the City, and went to the Cathedral Church of St. Peter, and there was honourably received by the Dean and Canons, at the west door of the Church; and afterwards the King went into the Archbishop's Palace, and in the fea.st of the birth of St. Mary next following the King and Queen came crowned in procession to the Church, the prince and all the lords attending on him till six o'clock, and afterwards returned into the Palace, and then the Prince was created by the King before dinner in the hall, and sat crowned at dinner four hours.^ In the year 1640, in the year of the late King Charles, the 24th day of September, there was a great council held by the King and Lords, in the Dean's Hall, in the City of York,* which was dissolved the 18th day of October following, and was preliminary to the Great Parliament, which began the 3rd day of November, 1640. And indeed in that council the Lords did advise the King to call a Parliament. And all the writs for that Parliament have Teste at York. ' The following appears as a detached note on fol. i6i in the MS. : — [6 H. IV, Pari., numero 21 : It is enacted that the King for one whole year shall take the profits of all annuities, fees, and wages granted by King Richard U, except of Justices, Barons of the E.xchequer, and other officers of any of his Courts whatsoever.] - Edward, Prince of Wales, son of Richard III. He was born before his father secured the throne, about 1476, and died 1484. ' This appears as a detached note in the MS. * The Council was called because of the disaffection and hostile attitude of the Scotch. The writs of this assembly of the Peers were issued on Sept. 7th. Terms were made between the two countries, to the disadvantage of Charles, by the Treaty of Ripon. CHAPTF.R XX. ^M concern t^t C\(^ of ^orR, 4 ♦ V the Statute made at Acton Huriiell,' in 13 ICdward I, ordaining the Statute Merchant for recovery of debts, this ordained that the inerciiant for his debt shall cause the debtor to come before the Mayor of London, VORK, and Bristol, which there are all the particular towns named in that Act. By the Statute of the 2nd year of Henry the VI, cap. 14, it is ordained that in the Cit)- of York, Newcastle- upon-Tyne, etc., that every one of them shall have diverse touches- ' In Shropshire. \'ide Slaliites 01 the Realm, vol. i, fol. 98 — e.v. Mag. Rot. Stat., 13 Edward I, m. 46, /// Jorso. This Statute commences : " Forasmuch as merchants, which heretofore have lent their goods to divers persons, be fallen in poverty, because there is no speedy remedy provided whereby they may shortly recover their debt at the day of payment ; .And for this cause, many merchants do refrain to come to this reahn with their merchandize, to the damage of such merchants, and of all the realm, The King, etc., hath ordained, etc., for the remedy of such merchants, etc." This is referred to on p. 86 also. ^ Touch — that by which anything is examined, tested or approved. "Equity, the Wwe loiich of all laws.' — CaRKW. The use of the woid as employed in the text is very fully explained by the Statutes of the Realm, vol. ii, fol. 224— ex. Rot. Slat., 2 Henry \'I, m. 12-10. Under London it is said, "That no goldsmith nor jeweller nor any that worketh silver shall set any of the same to sell within the city, before that it be touched with the Touch of the leopard's head ; . . . . And if it may be found that the keeper of the Touch touch any (vessel) with the leopard's head, except it be as fine as the sterling, that then the Keeper of the Touch .... shall forfeit," etc. T 2 T/ic Grana Jury in an Attaint. according to the ordinance of the Mayors, Bailiffs, and Governors of the said towns. By the Statute of the 15th year of Henry VI, cap. 5, every juror in an attaint ought to be able to expend £\^ a year, unless it be in cities and boroughs. In 12 Edward IV, 13, an attaint was brought in the City of York upon an assize (Pigot).' This forprise is of cities which arc not counties of themselves, but the City of York is a county of itself, and the writ is directed to the Sheriff of the said City of York. But it was resolved that the exception being general it shall be intended as well of cities which are counties as of others.- 29 Henr)- VI, cap. 3 : Letters Patents, granted to the citizens of York, to be free from the offices in the City, are declared void. 12 Edward IV, cap. 8: All Letters Patents granted for searching of wines and victuals in the City of, etc., are void. But there is in that a proviso that officers in York may sell wine and victuals by retail during the time of their office, which proviso only extends to York, London and Coventry. See the Statute of 3 Henry VIII, cap. 8, which qualifies the body of that Act in some particulars, but contains a proviso as to York, and the two other places before mentioned. By the Statute of 21 Henry VII, cap. 17 : Letters Patents made to the aid of York, concerning shipping and conveying of wool, and woolfells, are repealed. By the Statute of 4 Henry VIII, cap. 7 : That no person within the City of London and York, or without, either cast or work any pewter vessel or brass. The Letters Patents, made by King Henry VIII, the 22nd of August, in the isth year of his reign, unto the Mayor and Citizens of York, to ship, convey, transport, and carry unto the port of Hull, in the County of York, wools and fells of the growing of divers places in the said county expressed, are by Act of 21 Henry VIII repealed and annulled. 23 Henry VIII, cap. 13: Fishgarths, piles, and other engines, set in the Rivers of Ouse and Humber, shall be pulled down ; and 23 Henry VIII, cap. 19, the commissions in this behalf are to be directed to sage persons, whereof four are to be of the Citizens of the City of York and Kingston-upon-HuU, the King to have the moiety of the forfeitures and fines, and the Mayor and Citizens of York the other moiety. A private Act anent the City of York : It is directed upon the petition and complaint of the Mayor and Commonalty of the City of ' F. Challenge, 59, 178. ■ See Appendi.x, No. 13. T <9. iJiW, i r- : 5; - E 1 5 1 s 4 t^ J, ' 4^ ^Asf I I I s If V?*t' ^ * -5 v J b> ' .?»«'= ^f.^i *,*■.* -^ Of, 5 .. I' 1= ■/) A Private Act. 277 York- that where Thomas, Earl of Rutland, claimed a hundred pounds a year to him, and his heirs, by reason of an exchange betwixt King Edward II, and Thomas Lord Ros, ancestor to the Earl, whereof there had been paid but only 20 marks by year, and no sufficient discharge for the rest, For that the city is and long hath been in ruin and decay, and not able to pay the said rent, and other rents that they stand charged with, viz. : To the Dean and Canons of St. Stephens at Westminster .... ^^5 j^ 7 To Sir William Fairfax, Knt. in the right of his wife - - - . - 7 12 2 To the Lord Darcy for his life - - - 9 2 6 To the King in the Exchequer for the proffers and charges of accompt - - -1500 To nine Chantries - - . - 42 o o Besides the Recorder's fee, the fees of the other Councillors and necessary Officers, the keeping of their houses in repair, besides casual charges, as well in time of war in finding of a Captain and one hundred armed men, as at all other times, for the maintenance of four great stone bridges and the walls of the cit)', amounting to the sum of £afiO ; And the rents and jjrofits certain and casual received do but amount to ^100, so the charge surpasseth the receipt ; And the tolls which the Mayor was commonly wont to have, amounting to ;^240, were discharged by Letters Patents from King Richard III, who had also released the F"ce Farm to the city, but the release was repealed and yet the discharge of the tolls stood ; Now it was in consideration hereof enacted that the Mayor and Commonalty should be discharged of all rent which they paid for the Chantries, and of ;^6o parcel of the ;(rioo to the Earl of Rutland, and of ^5 14J. to the Dean and Canons of St. Stephen's, Westminster. The rent of the Earl is to be paid at Michaelmas, and our Lady-day, or within fort)- da\-s, w ith a nomine poenae oi £'^. There is this clause in the Act : — " And that all and singular grants, gifts, covenants, fines, judgments, recoveries, and assurances whatsoever, heretofore had, or made by, or against the said Mayor and Commonalt)', or their predecessors, or any of them for them and their successors unto any person or persons, or body politic for ye same payments, charges, and assurances of the same j-early rents, annuities, and other charges wherewith the .said Mayor and Common- alty stand charged as is aforesaid, shall from henceforth be also clearly void and of none effect." Another clause runs thus: "Provided always that [neither] this present Act, nor anything therein contained, shall 27'6 Manufacture of Ccjerlets. [be] in any wise hurtful or prejudicial to the said Dean or Canons of St. Stephen's, nor to their successors, for or in the yearly payment of ^30 sterling, residue of the said yearly rent oi £},•■, ly} yd. above the said deduction, as is aforesaid, but that the said Mayor and Com- monalty and their successors for ever shall stand, and be charged and chargeable unto the said Dean and Canons, and their successors for and in the yearly payment of the same £10 sterling yearly, after and according to such form, manner, and condition, as hath been hereto- fore used and accustomed. And that all grants, patents, and other assurances heretofore had and made, shall for and in the right title and demand of the said ^^30 sterling yearly, and not above, stand in full strength, virtue, and effect : This Act in any wise to the contrary notwithstanding." A grant from King Edward IV to the Dean and Canons of St. Stephen's of ;^35 14J. jd., " to be perceived yearly from the Feast of St. Michael the Archangel last past out of the Farm of our city aforesaid by the hands of the Sheriffs that shall be for the time, until it shall be provided them by us, or our heirs, or revenues and posses- sions ecclesiastical, or of other revenues to the value of the sum aforesaid, yearly to be had to them, and their successors, making mention by express words that the grants thereupon to be maJe shall be in recompense for the same thirty five pounds, fourteen shillings, and sevenpence." This patent bears date the i6th day of Jul)' in the first year of Edward IV. York is one of the places appointed for Sanctuary by the Statute of 32 Henry VIII, cap. 12. This was an Act made for limitation of sanctuaries, and nominates the City of York for one of the places of sanctuary appointed by that Act. This Act seems to be repealed by a general clause in the Statute of the ist year of King James, cap. 25, which takes away all Statutes made concerning abjured persons and sanctuaries. Yet the same Statutes are again revi^•ed by the Statute of 21 James, cap. 28, by which later Statute nevertheless it is further enacted that no sanctuary or privilege of sanctuary shall thereafter be allowed or admitted in any case. Upon the Statute of 32 Henry VIII divers commissions issued. One was at York. 34 Henry VIII, cap. 10: This is an Act concerning the making of coverlets at York, and not elsewhere in Yorkshire, if they be put to sale.^ ' St'c, for i4.f. '' The preamble of this Act gives an interesting testimony to the importance of York in the days of the Tudors. .Sir Thomas, in his Elegies^ refers to this. " WTiereas the city of York, being one of the antientest and greatest citties within Eight Taverns Alloived. 279 There was an Act of Paiiiament made in the first year of Edward V'l, for uniting of certain Parish Churches in the City of York,' with divers articles containing that matter which you may read more at large in the chapter " Of Parish Churches."— Vide tlie Book of Statutes at large. By a Statute made in the 7th year of Kdward VI in the City of York- there shall be but eight taverns. In the first year of Mary, the first Parliament, cap. 14, an Act was made for re-edifying the Parish Church of St. Helen's in Staynegatc- in York, which was put down by the Statute i Edward W.— Vide the Book of Statutes at large. the realme of England, before this tyme, hath been maynteyned and upholden by divers and sundry handicraftes there used, and most principally by making and weaving of covciletts and coverings for beds : and thereby a great numbor of inhabitants and people of the said citty, and suburbs thereof, and other places within the county of York, have been daily set on work in spinning, dying, carding, and weaving of the said coverletts," etc, This Act contains the right for the sole making and vending of the said commodity in York. ' See pp. 167, 168. - The old mode of spelling this word varies greatly ; Stainegate, Staynegate Steyngate, etc. See pp. 100, 173, 18S. CHAPTER XXI. upon;;35uff. HE relations between this city and the town of Kingston-upon-Hull in trade and commerce have occasioned this chapter. This city and the town of Kingston-upon- Hull are two sister towns in this respect, and yet differences (as sometime between sisters) have heretofore fallen between them : but I find they were all settled by an Agreement made the 28th June, a.d. 1578, in the twentieth year of the late Queen Elizabeth, by certain articles agreed upon between Hugh Graves, then Lord Mayor of the City of York, and the Citizens of the said City of the one party, and John Thornton, Mayor of Kingston- upon-Hull, and the Burgesses of the same, of the other party, by the mediation and before the right honourable Henry, Earl of Huntingdon, etc., Lord President for the then Queen's Majesty's Council established in the North parts, for quietness and a final end and order then after to be had between them. I forbear the mention of the particular articles, which are long, and they are not so fit for this discourse. They are concluded with this agreement. That if any doubt of difference do arise upon any of the articles agreed upon, that the Lord President then being, during his time shall expound and order the same ; and after that, the said Lord Mayor of York, for the time being, and the Mayor of Hull, with the advice of their Recorders, shall compound all doubts and differences arising between them, the said parties ; and if they cannot agree, the said Lord Mayor of the City of York and the The Story of Hull. 281 Mayor of Kingston-upon-Hull, to make choice of some one person, or more, as they shall think fit to order and determine the same. I wish this peace and unity may long continue between them ; for they are sisters, as I have said before, and York the elder sister. The town of Hull is situate with more conveniency for foreign trade. I hope it may not weary the reader, nor offend the town of Mull, if in a few words 1 tell you the story of Hull, even from the beginning. It is no disparagement to greatness to have been little, which is the case of Hull. But .somewhat mi.scrable for a place to be little that hath been great, which is the case of the City of York. Hull, if we may believe John Leland in his Itinerary, was but a mean fisher town in the days of King Edward 3rd, and a member of the village of Hascll.* The first growth of it was trading for fi.sh into the islands, from whence this town had the trade of stock fish. In the time of King Richard 2nd, it waxed very rich, and Michael de la Pole,' merchant of Hull, became in so great favour with the former King Edward 3rd and the present King, that he was first (as Sir Roger Owen in this particular reports) made Chief Baron of the E.\chcquer, and afterwards Lord Treasurer of England. This great man being then in high esteem and honour, with his promises, procured many grants and privileges from the King to this town, (for what shall not be done to the town which the King's favourite did favour) and the town hath since that time continued in good repute, and is very considerable for trade at this day. Leland writes of Heddon,^ an ancient port not far from Hull, that as Hull increased, so Heddon decreased. I wish the like may not be applied to York. I mention not these things out of any disaffection to Hull ; I really affect it, and desire it may still grow and flourish. ' Leland, MV/., vol. 1, fol. 53. Hull, to-day, has a population of about 200,000, but that of Hessle does not reach 3,000. ' In 1332, Edward III had created William de la Pole, the father of this Michael, the first Mayor of Hull. Before this, the chief officer of the town had been Citslos. The story of the De la I'oles is one of the most eventful in the annals of northern families. John dc la I'ole, who died in 1491, married Elizabeth, the sister of Edward 1\' and Richard III. The last male heir of this family was killed at the battle of Pavia in 1525. ' Leland, /liii., vol. i, fol. 69. Hedon is a verj- ancient township. A charter was granted to it by King Athelstan. The liberties of the burgesses were confirmed by King John (Mag. Rot., 3 John). The population to-day is not quite 1,000 persons. CHAPTER XXII. t^t ^c^ti an^ ®u^^0 of ^oxL IE first and only Earl of York was Otho, son of Henry Leo, Duke of Bavaria and Saxony, by Maud, the daughter of Henry H, King of England, and sister to King Richard I. He received this honour in the first year of King Richard's reign, anno Domini 1190.' But many of the Yorkshiremen, as I find by some historians, resisted this new Earl, saying that ihcy would yield no homage to any but the King, until such time as they might speak with the King face to face, and afterwards the King retained York, and gave to Otho the Earldom of I'oictou in exchange for the Earldom of York. This Otho was afterwards proclaimed Emperor, and styled by the name of Otho the Fourth. (i) King Richard H created Edmund of Langley, fifth son of Edward HI, Duke of York. (2) Edward, his eldest son, was after this Duke of York, and lost his life in the battle of Agincourt,'- in France. (3) His second son,^ Richard, did marry Anne, the sister of Edmund Mortimer, whose grandmother was the only daughter and heir of Lionel, Duke of Clarence. He lost his life for practising with Edmund Mortimer for obtaining the Royal dignity in the time of Henry V. Sixteen years after, by the unadvised favour of Henry VI, the son of this Richard was restored, and declared Duke of York. This made way to the ruin of the King, and ushered in the wars ' Camden, fol. 724.— T. W. ' I.e., the second son of Edmund of Langley. 2 He left no issue. Edward, Duke of York. 283 between the Houses of York and Lancaster. Now began the dis- tinction of the White Rose and the Red — two Roses beset with many pricl' will always be prized. It is printed in Stow's Sunuy. and Leland's /////fn^n' (Heame's ed.). '' Gulielmus Stephanides, Descriplio nobitissime civitatis I.ondoniac. ' Stow, Sun'cy (cd. 159S), p. 482 :— " In temporibus Christianis nobilem ilium edidit Imperatorem Constantinum." ' See oben, .Migne, etc. For a compact and suggestive modern sketch, see ihc Die/. Christian lUog. ■ The title of liale's book is so abbreviated here as to render it, upon first sight, indistinguishable. The work referred to is : Illustrium Maioris Brilimniae Scn'ptonim, hoc esf, Aiigliae, Cambriiu; ac Scoline uimmariii in qutis,i>tm centurins divisiim, cum divcrsitnte doctrimiru ntg ; aniwrii recta suppuMione per omnes acUttcs ajitphcio satulissiiiti Xoa/i flio, ad annum domini .mkxi.vmi (|)ub. 1 548}. ' " The foremost glory of his o» n York." The words arc Camden's. U 290 Alcuin. Albinus, a Scotchman.^ His words are : " Quo e numero (de monachis loquitur) Johannes cognomento Scotus sive Albinus quod idem valet, Scoti enim se Albiones sua lingua vocant, Caroli Praeceptor, ctc."- {vidc Buchanan, lib. V, cap. 5, p. 157). By the .same reason which this learned writer insists upon to prove this Alcuinus a Scottish man, because he is called Albinus, which he makes synonymous to Scotus, I might prove any man, whose name is Scotch or Irish, to be a Scottish man or an Irish man. Harpsfieid, in his Ecclesiastical History (p. 177), says that he was Northumbrian : " Eboraci nutritus et educatus."^ You shall hear what Alcuinus himself says in an epistle to the Church of England, in these words :* " Date mihi eruditionis libelios quales in patria mea Anglia per industriam Magistri mei Egberti habui, et remittam vobis aliquos ex pueris nostris ut cxcipiant inde necessari[a] et revehant in Eranciam flores Britanniae, ut non sit tantum in Eboraco hortus con- clusus, sed etiam in Turonia emissiones Paradisi."'' And in his epistle to Eboracum, being then with the Emperor Charles in France,^ " Ego paratus eram cum muneribus Caroli Regis ad vos venire et ad patriam reverti, sed," etc. ' 1 Sir Thomas is quite mistaken in supposing that Buchanan speaks here of Alcuin. He refers to John Scotus, sometimes called Erigena, who died in 875, about 70 years after Alcuin. Neither does Buchanan refer to Charles the Great (d. 814), as Widdrington evidently supposes, but to the grandson of that monarch, Charles the Bald (d. 877). Drake falls into this same blunder (vide Ebor., p. 371). There is an account of John Scotus in William of Malmesbury, Chron. of ilic Kings of England, Bk. 11, c. 4. Roger de Hoveden gives one or two witty stories concerning him under date a.d. 883. There are good epitomes of all we know of this famous monk in Tanner, Bibliotheca Britanntco-Hihernica, pp. 263-4, and Wright, Biogniphia Britannica. Literaria, p. 419, but for a complete list of authorities see Repertoire des sources historiques du moyen-age, par Ulysse Chevalier. John Scotus must be distinguished from John Duns Scotus ; see ante, p. 286. Notwithstanding the confusion pointed out above, it should be noticed that all that Buchanan says of Scotus because of the appellation Albinus might have been urged concerning Alcuin, for he, too, bore that word as part of his name, ^ " Of which number (he is speaking of monks) John, surnamed Scotus, or Albinus (which means the same, for the Scots call themselves Albions in their own tongue) teacher of Charles, etc." ^ " Bred and educated at York." ^ Goodwin, Catalogue of Bishops, fol. 441.— T. W. ^ " Give me lesson-books such as 1 had in my own country, England, through the industry of my master Egbert, and I will send you some of our boys, to take what is necessary from them, and to bring back the flowers of Britain into France, so that there may not be only a garden shut up in York, but also some emissions of Paradise in Tours." See ante, p. 42. * William of Malmesbury, fol. 12. — T. W. ' " I had been prepared to come to you with gifts from King Charles, and to return to my native land, but," etc. John Bate. 291 This man was first the scholar of Bede,' and afterwards of Egbert, Archbishop of York, and some say keeper of his great library at York, and schoolmaster of Charles the Great, founder of the University of Paris about the year 782. He did sometime teach the liberal sciences at Cambridge and afterwards at York under Egbert. Some of the English historians look upon this man as the only glory of the city. Many worthy things are written of him, which I shall comprehend in this : — He was a person singularly skilled in the languages of Latin, Greek, and Hebrew [Caius, Ilist. Cantab. Acad., lib. I, p. 37-], and in all liberal sciences, being the chief of the philosophers of his time, and as Haleus writes of him,^ he was most learned in Divinity, and second to none of his time in the knowledge of human learning ; a good poet and a good orator, which are endowments rarely con- curring in one person. He gained much honour by his opposition to the Canons of the Nicene Council,^ wherein the superstitious adora- tion of images was enjoined. He wrote many pious and learned works, above thirty in number, one of which is Ad Anglorum Eccle- stam. The Frenchmen had him in that esteem that they judged him equal to the most learned Roman or acute Grecian. (3) John or Robert VVald by,' born at York, a Friar Austin eremite, was a man of a ready wit and eloquent tongue. He did so well please the Rabbins of York, that upon the death of Alexander Neville, they elected him for their Archbishop.'^ But the Pope was of another opinion, and placed Thomas Arundell there. He was present at the great Council held at Stamford in the year 1391 ; was afterwards Archbishop of York.' (4) John Bate^ was born at York," and educated in the I louse of the Carmelites there. He afterwards went to Oxford, where he profited so much in the sciences that he was esteemed as one of the • Baleus, De viris illust., fols. 55, 56.— T. \V. But Alcuin was only born in the year of Hede's death. ' John Caius, Itistoriae Cantebrigiensis Atademiai a/> urbe condita. ' Baleus, De viris iltustribus, fols. 55, 56.— T. \V. • The Deutero-Nicene Council of 786. ' The facts given refer chiefly to Robert. There was also ^JcJin Walby living at this time. Sir Thomas is not the only writer who has confused them. " His preferments were : Bishop of Sodor and Man ; Bishop of Aire (Gascony) ; Archbishop of Dublin ; Bishop of Chichester ; .Vrchbishop of ^■ork, lj97- ' After the translation of Thomas .\nmdell to Canterbury m i3, Waldby held the Archbishopric of York from Jan. 13th, 1397, to May 29th, 1398. • Baleus, De viris illiislribus, fol. 191.— T. W. ' Leland says he was bom inter Trtxnsabrinos (west of the Severn). Others hold he was born in Nortliumbcrland. U 2 »92 Thomas Morton, Bishop of Durham. prodigies of learning in that time. He wrote many books.^ He was afterwards Governor of the House of Carmelites at York, and died there anno Christi 1429, in the time of King Henry VI. (5) John Erghom- born at York, was a Carmelite also. He was an eminent Doctor in Divinity, and delighted in typical interpreta- tions. He lived in the year 1490, in the time of King Henry VH. He also wrote divers books, and died at York. (6) George Tankerficld was born at York. He was but a cook in London, and was roasted and burnt to death for Christ, by Bishop Bonner, Antichrist's great cook. He was of such note for answering Bonner readily and punctually that he called Tankerficld Master Speaker, and Smith, his blessed companion. The Comptroller, because he rebuked Bonner for swearing. (7) Sir Martin Bowes, Knight, I mention as a person famous for wealth and charity. He had a full hand, and a liberal charitable heart. He became Alderman and Mayor of London (Stowc, Siin-ey of London, f 388).^ He was the son of Thomas Bowes of the city of York (Munday's Chronicle, fol. 601),* and was born there, and died the 4th of August, 1 566. He gave bountifully to this city,^ and to other places.® (8) Thomas Morton, the son of Mr. Richard Morton, was born in this city, near the Pavement. He was bred in the famous college of St. John's in the University of Cambridge, of which college he was Fellow for divers years. He was afterwards Parson of Long Marston, in the County of the City of York, Dean of Gloucester, Dean of Winchester, then Bishop of Chester, then of Lichfield and Coventry, and lastly of Durham. He was a person of great learning and know- ledge, and a great antagonist against the tenets of the Church of Rome. He fully purposed in the year 1639, as it is well known to myself, and to divers others yet living, to have enlarged the Market- place in the Pavement in the City of York, and to have erected a cover for market people for the exposing of their commodities to sale, ' The works attributed to him are named in Leland, Bale, Pits, Tanner, and others. ' Baleus, De viris tllusf., fol. 2 1 2. — T. W. ' A portrait of Bowes is preserved in the Committee Room of Goldsmiths' Hall, London. * Anthony Munday, b. 1553, d. 1633, poet and playwright, "tried his hand at every variety of literature in vogue at his day Except .Shakespeare and Marlow, few Elizabethan writers contributed more largely to popular information and amusement." In the place referred to above, Munday gives a list of the Lord Mayors of London. * See page 296. • He founded alms-houses at Woolwich, etc. Robert Flower. 293 antl to have bestowed therein £dfiO. ]5ut he was hindered of this noble work, for a person who had interest in that house which he would have bought and pulled down for that purpose, would not sell it but upon very hard terms. He did also purpose, when he was " somebody" (these arc his own words in a letter written by him to me) to have made a statue of Constantine the Great in the Minster of York. The occasion of it is mentioned before in this chapter. He deserves a place in this catalogue for his worth, piety and learning, and because he fully had it in his heart to have built such a syna- gogue (as I may call it) for the city. He died full of honour and days, being ninety-five years of age, and was a Bishop forty-four years.' The people which would have recommended Dorcas being dead, shewed those fine and curious pieces, which she made when she was living." I had purposed to have mentioned his learned works, which will preserve the memory of the learned and pious author fresh in the memorj' of men ; but this and other matters relating to this pious life and happy death of this reverend and good Bishop, I find of late very elegantly set out by Doctor Barwick, who was some time his Chap- lain, and now Dean of Durham,' in his book entituled, A suiiiiiian'e account of the holy life & happy death of the Right Rei'erend Father in God, Thomas, late Lord Bishop of Durham.* (9) Robert Flour, son of one Tooke Flour,' who had been twice mayor of this city. He was the first beginner of the Priory, near Knaresborough," which stands beneath March-bridge. He had formerly been a monk in Newminstcr Abbc)-, near Morpeth in Northumberland. Forsaking the lands and goods of his father, to whom he was heir as eldest son, and affecting a solitary life as a hermit, he resorted to the rocks of the river of Nid, and thither upon the opinion of his sanctity resorted others. Then he instituted a ' .Sir Thomas wrote this sketch before the death of the Bishop, and says in the MS., " I am the more sparing in giving; these praises, which are justly due to him, because 1 understand that he is yet Hving of the age of ninety years and upwards." This first draft is corrected, and the paragraph closes as given above. - Sir Thomas gives ten publications from the pen of Uishop Morton, but the final sentence, as given above, is substituted for the catalogue. ' He became Dean of Durham in iWo, and soon afterwards was made Dean of St. Paul's, Lonilon. He died in 1664. < John liarwick, •U^or«ij», or the fij^ht, victory, and Iriumph of S. Paul, accommodated to Tlwmas, L. Bisliop of Durtsmt : In a sermon prauhed at Mii funeral on Micluuhmis Day 1659.- Togetlier -i-ith the life of the said lUikop. London, 1660. The Life begins on p. 54. ' See p. So. The surname there appears as Flower. ' lix Itinerario, Jo. Lelandi.— T. W. 294 Christoplier Cartwright. Company in the sect of Friars of the order De Redemptione Capti- vorum, alias Sanctae Trinitatis. (lo) Christopher Cartwright, my coetonean in Cambridge, late^ parson of St. Martin's Church, in Micklegate in this city. I shall tell you what Mr. Edw. Leigh,^ in his Treatise of Religion and Learning and of Religious and Learned Men^ saith of liim. His words are these: — "Christopher Cartwright, a learned, pious Divine, of Peter House in Cambridge, not onely well skilled in the three learned languages, Hebrew, Greek, and Latin, but allso well versed in the Hebrew Rabbins, for which he is honourably mentioned by Voetius,* in his last edition of his Bibliotheca^ His annotations on Genesis and Exodus" are well liked by the learned generally. Mr. Pocok^ styles him, ' virum eruditissimum',* in Not. Miscellan., cap. 4."" This learned and pious man i.s lately deceased, therefore give me leave here to insert what I find in a preface to a posthumous work of his, being an excellent commcntarj' or exposition upon the whole 15th Psalm. The substance of it is this : that his life was pious and exemplary, and that if anyone shall read that treatise, who knew Mr. Cartwright, he shall find that he prayed as he lived, and he lived as he prayed, and that he himself was the right citizen of heaven whom he described out of that Psalm. He writ also some other learned treatises.^* ' This was written during the life of C. Cartwriyht, "late" having been sub- stituted for "now". 2 A Biblical and miscellaneous writer ; b. 1602, d. 1671. The works which bear his name number nearly ;i score ; but his life was by no means wholly spent in literary pursuits. He saw something of the stormy political life of his day, being M.P. for Stafford and a Colonel in the Parliamentary Army. ^ This work was published in 1656. It was re-issued in 1663 under the title Felix Consortium^ or a fit conjuncture of learning and religion. * A Dutch theologian, and Professor of Oriental languages ; b. 1593, d. 1677. ^ Gisbertus Voet, Exercitia et Bibliotheca studiosi Theologiae, ed. 165 1. " Electa Thargumico-Rahbiitica ; sive Annotationes in Genesin ex triplici Thargum item ex R. Salomone et Ahcn-Ezra, atiisyue Hebraeis excerptae. Londini, 1O48. Electa Thargumico Rabbinicaj sive Annotationes m Exodum, ex triplici Thargum seu Chaldaica Paraplirasi, nempe Onkeli,Jonatlianis, et Hierosolymitana, item ex Cominentariis Rabbinorum . . . excerptae, etc. Londini, 1658. ' Edward Pocock, the Orientalist, in Porta Mosis. ' Sic (accus.), for ?'/>- eruditissimus. » Leigh, Religion and Learning, p. 155. Leigh's regard for Cartwright is seen in the fact that he published two of his sermons. The Magistrates Authority in matters of Religion, and The Soul's Immortality vindicated, in two sermons {on Rom. xiii, 4, and Eccles. xii, 7). With a preface by E. Leigh. London, 1647. '" To this list Sir Thomas might have added one or two other good names, e.g., Henry Swinburne, mentioned ante p. 68. CHAPTER XXIV. Z^t (Ttantea of t^t (genefacfore of t^is Cifp« HIS chapter is not large, nor does it mention large gifts, but the smallest gifts deserve a thankful acknowledgement. The widow's mite had a good acceptance, and hath the honour of a memorial. It may seem strange that this ancient city cannot recount more ancient and greater bene- factors than you will hear of in this chapter. I have heard it made an objection that Constantine the Emperor was not born at York, because he hath not honoured it with any gift or badge of honour. But surely that may rather be a fault of Constan- tine than of York his birth-place. And he that looks upon the following catalogue may easily be induced to believe that divers others born in this place, as well as Constantine, though they have not been so great, have been as unmindful of this poor city. This city hath wanted a remembrancer to insinuate into dying men, « hen they were making their wills, and such a person as Tircsias advised Ulysses himself to be in order to be rich : " Testamenta senum captcs astutus ubique." ' > These words are adapted from Horace {Saf., lib. ll, s. 5,1. 13). This dialogue between Ulysses and Tiresias is a humorous txpos/ ot the methods of those who, greedy for fortune, seek to inveigle old men to make them their heirs. The line* are : — " Captes astutus ubique Testamenta senum : " (Lie in wait astutely everywhere for the last wills of old men.) 296 Sir Afar/in Bowes. I have here mentioned the names of such benefactors, as I have found, without omission of an)-, for the smallness of the gift. And I trust occasion will be given by the future bounty of others for some other pen to enlarge this chapter. Nicholas Girlington, gentleman, to be lent gratis to poor citizens ;^40 o o William Drew, butcher, gives to be lent to butchers - 80 o o Sir Martin Bowes, Alderman of London, born at York, gives to this city a bason and ewer gilt : a large sword, and rich scabbard ; and in money to pay to the poor of St. Cuthbert's, and other charitable uses ..... ;;/;6o o o Mr. Thomas Smith, Clerk of the Statutes, gives to be lent 500 Lady Catherine Constable gives to be lent - - 40 o o Robert Askwith, Alderman, father of Sir Robert, gives to be lent ;^20 o o Mr. James Cotterill gives to be lent, and the interest to go towards a preacher of Saint Nicholas Church, and gives also six silver spoons, and a gilt salt and cover, i6th Aug. 1595 - /^loo o o Mr. Richard North, Examiner before the Council, gives to be lent at I2d. per pound, and the interest to go to the poor - ;^20 O O Sir Thomas White, of London, settles lands for payment of ;^ICX) per annum to several corporations by turns, and this city receives it once every twenty-one years, and has already received four hundred pounds ... ;^ioo per annum. Mr. Christopher Turner gives to be lent, and also one house which pays £7 rent to six poor widows for ever - - ;£"20 o o £7 o o for ever. Robert Brook, Alderman, gives to be lent - - ;£^io o o Lady Herbert gives to be lent - - . 20 o o Lady Askwith, wife of old Alderman Askwith, gives to be lent ;£'20 o o Francis Ager, tanner, gives to be lent - - 30 o o Mistress Jane Yong gives to be lent . - 40 o o John Barley, gentleman, gives Z'icxd to be lent at six per cent., and the interest to go to the prisoners in the low gaol of the castle /^ICX) o o Fabian Farley, Officer at Mace to the Lord Mayor, gives £20 to be lent at laa'. per pound, and the increase to go to the poor of Bootham Ward, and also a siver bowl of five ounces and a quarter ^30 o o Richard Byns gives to be lent at I2rt'. per pound, and the interest to go to the poor of Micklegate Ward - - ;{!^20 o o Sir Robert Waters. 297 Sir Robert Waters, Knt. and Alderman, gives to be lent, and the interest to go to a preacher at Crux Church - ;{;i2o o o ^'■''° ;^ 50 to be lent to poor citizens gratis - 50 o o He also gave a gold chain, weighing nineteen ounces and a half. He gave also three large goblets of silver. Mc gave a large house to the Company of Haberdashers, now called the Hatters' Hall, and two tenements adjoining. He erected an hospital for nine widows, and a reader, and to each widow a room and 40J. per annum - - £1% o o per an. And to the reader a room and £t, per annum 3 o o per an. He repaired the Common Hall at his own charge, which cost him ^200 .... /-soo o o Richard North gives by will, to be lent, and the interest to go to the use of the poor of .All Saints in North Street - £20 O O Mr. William Weddell gives to be lent at interest, and the interest to be paid to the poor. 1st Feb. 161 8 - - /■200 o o George Buck gives ;6'20, which is lent at 12a'. per pound, and the interest is paid as by his will for a sermon at Castlegate Church Xs., and the same to tlie poor yearly. 23rd Dec. 1622 - ;{;'20 o o Thomas Harrison, Alderman, gives to be lent gratis - 30 o o William Robinson, Senior, Alderman, gives to be lent gratis 80 o o Lady Jane Mosley gives to be lent gratis - - 20 o o William Hart, Pastor of the KngUsh Church in Embden, gave ^^300 to be lent gratis .... ;^3oo o o Christopher Topham, Merchant, gave £so to be lent gratis till the poor be set on work, and then to be employed to that use. 22nd June 1630 .... £^0 o O Mr. Richard Brewster, the Pursuivant, gave to be lent gratis 30 o o Mr. Richard Scott gave towards setting the poor on work 20 o o Alderman Agar gave towards setting the poor on work, and erected an Hospital for four widows . - - ;^ioo o o Mr. Brian Dawson, and Mr. P'rancis Ewbank, late Sheriff, gave to be lent for the u.se of the poor, ;(^50 each - - ;ticx) o o Mr. Thomas Metcalf, citizen and goldsmith of London, gave a bason and ewer, part gilt. Alderman D>-ncley gave a nest of goblets, weight fifty-two ounces. Alderman Maltby gave a large beer bowl. John Jaques and Robert Peacock, vintners, gave a silver beer bowl. Mr. Robert Maskcn gave a silver salt and cover. William Tankard, Esq., gave a pot and cover, gilt, twelve ounces. Mr. William Hawley, Town Clerk, gave a bowl of eight ounces and a half 2g8 .lull Middlctoil. Christopher Consett, Alderman, gave a siver bowl of xi ounces and a half. William Robinson, Alderman, gave a gilt bowl and cover, thii tj ozs. Mr. Klwick, Attorney, on Ouse Bridge, gave a bowl of eighteen ozs. Alderman Moseley gave a gilt bowl and cover, twenty-five ounces. Lady Frances Harrison gave a bowl of twenty ounces and three quarters. Alderman VVeddell gave a silver bowl of fourteen ounces and three quarters. Alderman Topham gave a gilt bowl and cover of thirt)- ounces. John Vaux, Alderman, gave a silver beer bowl. James Hutchingson, Alderman, gave a bason and ewer. Thomas Herbert, late .Sheriff, gave two large silver bowls and .£'20 to bind four ap[jrenticcs - - - /^20 O O Leonard Besson, Alderman, gave two silver cans, and two goblets, part gilt, and £'^0 to bind poor children apprentices £<^o o o Thomas Jackson gave a silver can, seventeen ounces. Sir William AUenson, Knight, Alderman, and twice Lord Major of the city gave . . . . Since the writing of the former names I hear that Mrs. Ann Middle- ton, widow, the late wife of Mr. Peter Middleton, a merchant of this city, hath by her will in writing given to the city these several sums hereafter mentioned, that is to say, 1. For the binding of poor freemens' children apprentices the sum of ^100 o o 2. Towards a stock for the setting of the poor on work - 10 O o 3. To be bestowed in silver plate for the city - 100 o o 4. For the erecting and building of an hospital in this city for twenty poor widows, whereby each to have jearly £^, and lands to be purchased for that purpose, the sum of - - £2000 o o The house for the hospital is already built, and the poor widows placed in it.^ ' This sentence appears to have been added subsequently. (^^ppenbicee (liBetng longer (Tlofce 6p t^t Qbitor). .Vo. I A» Ancient Roman Law. seep. 31. I i 1 S judgment is quoted at length in A Commentary on Antoniiis his itinerary or joiiriiies of the Roman Empire as Jar as it comerneth Britain, wherein the first founda- tion of our cities, /awes, anttgorernmcnt, according to the Roman policy, are set forth, by William Burton, (pub. 1658), p. 72. IJiirton says : " More than three years after, he and his son Antoninus sat also at \ork about common business, and gave their judgment in ordinary cases, as in that ofCaecilia about recovery of right of possession. Their Rescript or Law, thereabout, is still preserved in the COUK, to the great gloi7 and renown of this City, and dated as you see from thence, with the names of the Consuls of that year: neither can I forbear to publish it here, as the gallantest monument of Antiquity that it hath. Etiam per alienum servuni, bona tide possessum, ex re ejus, qui eum possidet, vel ex operis servi acquiri dominium vel obligationem placuit. Quare si tu quoquc bona fide |)ossedisti eunilum servum et ex nuiiunis luis niancipia eo tempore comparuit, potes secundum juris forinam uti defcnsionibus tuis. Mancipium autem alienum mala tide possidenti nd potest acquirere, sed qui tenet, non tantum ipsum, sed etiam operas ejus, nee non ancillarum partus et animalium foetus rcdderecogitur. I'.I'. III. i\on. .\faii Kboraa. Faustina et Rufo Coss.' "That is : It seems just that a man may have right of Lordship and propriety in a foreign slave (possessed (bona fide) m of his own proper goods) and also of his services. So that if thou hadst possession of the said servant, and he with iliy money, in the lime of his servitude, purchased any estate, thou mayst be relieved by the Law. Hut he that possesses a strange servant, unlawfully, can have no remedy, but shall be forced not only to restore him, but also his scr\'ices, and all the increases both of the women and cattle." The matter receives further notice from Selden, .Savile, Drake, and others. ' Cod. lib. 3 : tit. J2 . l)e Rei vin- dicatione. Appendices. No. 2 ; see pp. 50-51. Magnum Registrum Album. There is a full description of this book by the late Canon Raine in The Historians of the Church of York (Chron. and Mem. of dt. IJritain). The volume was compiled in the 14th century from ori),'inal documents, and contains grants, confirmations, dispensations, letters of the kings and the popes, forming a " noble repository' of ancient evidences." The first part (quoted ante, page 51) consists of biographies of Archbishops Thomas I, Gerard, Thomas II, and Thurstan. Hugh Sottovagina, the author of these "lives", was probably a Norman priest introduced by the first Archbishop Thomas (1070-1100). In the time of Archbishop Thomas II (1109-1119), he was a member of the Chapter, for when speaking of this body in the time of that Archbishop he employs the pronoun " we" {nos). He is described as the " Chantor and Archdeacon of the Church of St. Peter, York (Cotton MSS., Vitellius, A. xii). In Mon. Ang. (vol. iv, p. 325) he appears as a witness to Archbishop Thurstan's foundation deed of the Nunnery of .St. Clement. He seems to have been one of the militant clergy who were present at the battle of the .Standard, of which event he wrote a poem [.Meiiioria/s of Hexham, vol. i, pp. 90-91). The method and style of his history is thus summarised by Canon Raine. After remarking that Hugh was personally involved in the dispute between Canterbury and York for precedence, he continues : " The just claims of York, and the wrongs of his diocesan were burnt in upon his mind, and he almost sternly casts aside as alien and impertinent everything that diverted him from the duty of stating the truth in a single controversy which he had resolved to set forth." (^Hist. Ch. York, vol. ii, p. 15). No. 3 ; see p. 58. The Pavement. Hargro\e (^Hist. and Descript. of the Ancient City of York, vol. ii, p. 266) says, speaking of Pavement, " We do not find that it has borne any other name for time immemorial." Drake and Davies suggest no other name. But Sir Thomas Widdrington (p. 58 ante) speaks of it as Mark Skyre, or Markskyre, and also gives Havergate (p- 75 ante) a.i an alternative name. Mark .Skyre is evidently a corruption of Market .Square. Pavement was originally an enclosed space as well as a market. The churchyard of Holy Cross and Hosier Row occupied the area towards Whip-ma- Whop-ma-Gate ; houses stood against the chancel of All Saints, thus flanking the opposite side ; and a row of shops occupied the present spacious entrance to Parliament Street. The other name given by .Sir Thomas is not so easy of explanation. Was there any connection between this place and Haver Lane ? Does the word point to the mercantile associations of the neighbourhood being a corruption of Hanie f N'o. 4 ; see p. 62,. T/ie Custom re Intestates' Effects. The special custom of the archiepiscopal Province of York (excepting the Diocese of Chester) with respect to the distribution of intestates' effects was not abolished until ist January 1857, from which date the rules for distribution were assimilated to the remainder of England. Under the old custom referred to in the text, the personal property of an intestate, after payment of his debts and funeral expenses, and deducting for the widow her apparel, and the furniture of her bed- chamber, was divisible into three parts, one of which went to the widow, another to the children, and the third to the administrator. By 22 and 23 Car. II, cap. 10, and I Jac. II, cap. 17, the administrator's third Appendices. 301 had to be divided also in accordance with the general Statute of Distributions, but the custom was observed as to all the other parts as formerly. The custom and usage ihc-n worked out as follows :— If the intestate left a widow and 2 children his estate would be divided into 1 8 parts. The widow got 6 parts by the custom, and 2 by the Statute, total ,"nths ; the two children got equally between them 6 parts by the custom, and 4 by the Statute, total i'i|ths. If there were a widow and no children the widow got Jths of the whole, namclyi i by the custom, and ]th by the Statute ; the remaining ith went to other relations. This was more beneficial to the widow than under the general law which now applies to York in common with the rest of England ; for now, if a man dies intestate, leaving a widow and children, she lakes Jrd, and they jjrds. If there be no children she takes i, and the other relations 4. Under the custom of York the widow had Jths, and Jths respectively.— K/V/f Williams, Law of F.xeaitors and Adiiiinistralors (6th Ed.), p. 1412, also The Slaliitcs of the Realm, Index, sub York. No. 5 ; see p. ■/i. The Site of an Ancient Jewish House. During the reign of Henry II (1154-1189), a mansion stood on the site of Commerce House, in Coney Street, occupied by a Jew, Joses, the son of Aldrete, one of the most noted money lenders of his day in the whole of England. This man had a brother, as well known as himself, named IJenedict, who having attended with Joses the coronation of Richard I (i 1S9), received such rough usage in the shameful assault upon the unoffending Jews who shewed themselves in London that day, that he died at Northampton, in his attempt to return to York. In the following year, Joses fell a victim to the anti-Hebrew hate which so power- fully excited the mobs of those early days. He perished in the slaughter of some 500 Jews in York Castle, a massacre which surpasses, in horror, every other such tragedy wrought by rabble fury. The descendants of Joses, however, lived in York for a century afterwards. Henry III (1216-1272), we are told, plundered a Jew of York, Aaron, the son of Joses, of whom mention has just been made, of large sums of money. The varied persecutions of the Jews culminated in their expulsion from England in 1290. Their property in York w.is largely confiscated, even their cemetery, the site of which is marked by the present Jewbury, being given to an Englishman. The site of Commerce House was last occupied as a private mansion in the time of Queen Elizabeth (1558-1603). Towards the end of this reign, John Stephenson had a house here, which was occupied by him, and a secretary of the Council of the North, one Ralph Rokeby, Esq. Soon afterwards it became an inn, mine host bearing the name of John Bilbowe. He died in 1606, when Thomas Kaye became landlord. From about this time, for two centuries and a half, this hostelry was known as "The George Inn". It appears that eight years after Kaye had entered the premises, he purchased the property from the widow of John Stephenson, the owner. Everyone who has read the topography of York has been delighted with the drawings of Cave, published in 1813, and could not have passed over without considerable interest the plates numbered \' and .\.\.\l. The fonncr displays the gable of "The (ieorgc", immediately over the entrance to the yard, ami the latter the main porch to the house. These drawings stamp the architecture of the house as that of the Stuart period, with Georgian additions. There can be no doubt that when Kaye bought the property he renovated it, his alterations and adornments 302 Appendices. remaining until nearly the middle of the present century. The most striking feature on the gable was a seated Hacchus. The porch also possessed an unique feature, The Pelican in her pie ly, rut in the j;roin of the ceiling. This porch had doubtless been brought from some demolished religious house. The name of Kaye has been "immortalized" by John Taylor the water poet. Taylor embarked on the 25th July 1622, in an open boat at London to travel to York by water, a journey he successfully performed. He gives an account of this journey in a i6-paged pamphlet, entitled, A vcrry merry wherry-fcrry-voyaj^e ; or, Yorke for my money : soinclimcs perilous, sometimes quarrelous, performed by a paire o/oares, by sen from London, by John Taylor and Job Pennell, and written by /. T. He amusingly describes his arrival at Hull, Cawood, and other places, and particularly his visit to Archbishop Toby Matthew. On reaching York he offered to sell his boat to the Lord Mayor, whose refusal gives Taylor an opportunity of expressing his disgust in a goodhumoured and entertaining style. The boat was disposed of to the landlord of " The George". Taylor says : — " I sold the boat, as I supposed most meet. To honest Mr. Kayes, of Cunny Street. He entertain'd me well, for which I thank him. And gratefully amongst my friends I'll rank him." Kaye died in 1624. A great-grandson of his became a Canon of York Minster. In an old newspaper of 1642 I find an interesting, though not pleasant, memorial of this ancient inn. It will be remembered that in 1642, at the beginning of the strife between Charles I and his Parliament, that the monarch came to York, where he had numerous and warm supporters. The record which I name has reference to this event. It runs: "Upon the 16th day of April, in the City of Yorke, were some twenty men drinking at The George, and staying long, began to be much in drink, who being not able to stir because of their drunkennesse, fell into many discourses. And among other things some fell to rejoicing that the king was there, others wishing him at London with his Parliament. Upon which, not well agreeing, they fell to blowes, some with knives, some with swords, and staves, so that the city was in an uproar, none knowing what they fell out for, some holding one thing, another wishing another thing, so that they were faine to be appeased by the magistrates of the city." This inn was a place of repute in the later Stuart times. The banqueting room possessed to the end of its days a coloured window, which has given rise at various times to discussions, and fanciful conjectures as to why it was placed there. This window contained the arms of Charles II ; James, the Duke of York (afterwards James II); Algernon Percy, the loth Earl of Northumberland; George Villiers, the 2nd Duke of Buckingham (who married the daughter of Lord Thomas Fairfax) ; and William Wentworth, the 2nd Earl of Strafford. The suggestion of Mr. Davies, given in his Walks through York, appears to be the most likely explanation of the origin of this window. He says, "The merry monarch, with his royal brother and the three distinguished noblemen, their personal friends, whose heraldic symbols are associated with theirs in the memorial, had frequently been partakers, in this very apartment, of the good cheer of mine host of ' The George', and he (the land- lord), had chosen this mode of commemorating the patronage of his illustrious visitors." A colonnade was added to the front of "The George" in 1716. One of these columns appears in Cave's etching (Plate V). Photographs, of a comparatively recent date, of course, are also in existence, showing the whole series. Further and Appendices. 303 extensive alterations were made in this building about the middle of the present century, the whole of the Jacobean work being carried away, no one knowing where I The property passed into the hands of Messrs. Leak & Thorp in 1868. by whom it was taken down, and upon the site the present extensive block of premises was erected. There are, however, a few details left upon whi. h an antiquary's eye will rest with pleasure. It is not generally known that the old water stairs to the river still exist. A large portion of the yard of the inn also is preserved, though most people pass through it never dreaming of the busy scenes once enacted there. No. 6; see p. 85. Richard III bids for popularity. Richard HI, when he acquired the reins of government, sought in a variety of ways to conciliate the people of England. His favours bestowed upon the city of York, in particular, were not less than munificent. Nor did his policy fail to secure a measure of passing popularity. In the Christ Church Letters., No. XLll (Camden Society, 1867), there is a letter by Thomas Langton, Bishop of S. David's, probably penned when Langton was at York with the King, in which he thus refers to this fact : — ". . . . I trust to God ye shall hear such tidings in haste that I shall be an Englishman and no more Welsh.' — Sit hoc clam omnes.' The King of Scots hath sent a courteous and a wise letter to the King for his case, but I trow ye shall understand they shall have a sit up or ever the King depart from York. They lie still at the siege of Dunbar, but I trust to God it shall be kept from them. I trust to God soon, by Michaelmas, the King shall be at London. He contents the people where he goes best that ever did prince ; for many a poor man that hath suffered wrong many days have been relieved and helped by him and his commands in his progress.^ .-\nd in many great cities and towns were great sums of money given him which he hath refused. On my troth I liked never the conditions of any prince so well as his ; God hath sent him to us for the weal of us all. . . . Our Lord have you in his keeping. T. L.^NGTON. To my Lord the Prior of Christchurch of Canterbury." No. 7 ; seep. 138. Tomb of Lord Ferdinando Fairfax. On visiting Bolton Percy Church, one of the principal subjects of investigation is the tomb of Ferdinando Lord Fairfax. The first effect produced by a view of the mural tablet to the memory of the great general is not pleasant. One is somewhat startled and pained to see the capital of one of the pillars, and the main arch of one of the transepts, cut away in order to admit a monumental stone. The arrange- ment creates an impression on the mind that the sacred place is subordinate to what has been brought to it. This note was already written when '/'he Churches " He hoped for an English bishopric. * " Let this be secret from all." * Through the north. 304 Appendices. of Yorkshire (Ed. (".. A. Poole, and others) fell into my hands. The writer there not only confirms these views, but in his drawing of the interior of the church refuses to reproduce the memorial stone, and completes the pillar and the arch {vide No. iv, plate opp. p. 8). Markham, The Life of the Great Lord Fairfax, judges from the internal evidences of the composition that the inscription on this stone is the work of .Sir Thomas Widdrington. He says (p. 302) : " We shall not be far wrong in ascribing it to his erudite son-in-law." Again (p. 303), he says : " Lord Fairfax is called Hiimanitatis Rt-puiiiicalar" which smacks strongly of Widdringtonian erudition." The inscription is given by Drake, Gent, and others, but strange to say not two of them agree. My transcript differs from each, but I believe mine is correct, though I have had no opportunity of comparing my copy with the original while these sheets have been going through the press. Gent, in his History of the Loyal Toiun of Ripon, p. 50 (2nd paging), gives a characteristic translation of this long Latin eulogy. I submit the following rendering : — "Sacred to the memory of the most noble and beloved Ferdinand Lord Fairfax, Baron de Cameron, born in the county of York, to adorn the field of Britain's valour and faith. Distinguished by his ancestors' renown, a zealous promoter of peace, a mediator in the quarrels of the neighbourhood should any arise, in his defense of justice and kindliness unwearied. Possessed indeed of the greatest authority at home and abroad, and held in equal regard by all ranks, a lover of his country's peace, but invincible in war, bearing in his right hand the sword, in his left the balance, — in each he carries off the proud trophies of renown. A defender of religion, a patron of learning, and the standard of humanity. Nine times blessed in his wife, Maria, daughter of Edmond, Earl of Mulgrave, fortunate in the number and worth of a high-souled ofl^spring. What wonder, then, if death cannot separate those whom a rare love has united so long and by so numerous an issue ? He died in the 64th year of his age, and in the year 1647 of the salvation of No. S ; see/>. ISS- ^^ Major 0/ York killed at Poppleton, iciitp. RicJiard II. Knowing that Drake had tried but failed to ratify this statement, 1 postponed making any note respecting the matter, so as to make as extended a search as possible. My investigation, I regret to say, has been fruitless. There is no Roman Roll so late as Richard IL These rolls date from 34 Edward I to 31 Edward III {Vide Appendix II to the Second Report of the Deputy Keeper of the Public Records, p. 45). Some of these are composite, and are classed with the French Rolls. No.g; seep. 181. The Archiepiscopal Mint at York. The privilege of Minting exercised by the Archbishop of York is of undetermined antiquity. The coins, which can be with certainty identified as having been struck by particular Archbishops, because of the peculiar marks which they bear, form two non-continuous series. I. — The first set extends over a period of about 150 years of the .Xnglo-Saxon times. The following Archbishops are represented : — Egbert, 732-766. — Vide Keary, English Coins (Anglo-Saxon series), vol. i, Appendices. 305 p. 140 ; Hawkins, The Silver Coins of England, p. 66. RudinR attributes these coins to Egbert, the King of Kent, vide mo\. i, p. ii6. Numismatists agree that Kuding is incorrect in this. Eanbald.— It is not quite certain whether these are the coins of Eanbald I (782-796), or Eanbald II (796-812). VVlGMUND, 837-854. WULFERE, 854-895. In 928, King Athelstan enacted a law for the regulation of "money-smithies", by which he suppressed all ecclesiastical mints, except those of Canterbury and ^ar\\t%\.tT {La'.us 0/ Kine; Athchlan, No. 14). There are coins ascribed to Ethelbald (895-928), Redewald (928-931), and even Wulstan I, whose accession took place in 931, but they bear no distinctive marks. Wulfere is the last Archbishop whose name appears on a coin of the ecclesiastical mint at York. Little was known of these more ancient coins until 1808, when a hoard was unearthed by a plough at Kirk Oswald, Cumberland. These coins are classified by Kuding, vol. i, p. 1 11. The Peter Pence, which were all struck at York during this period, will be referred to later. H. — The second set extends over a period of nearly 150 years, during the Lancastrian and Tudor times. When the Archbishop of York again became seised of his mint, under Norman rule, the ecclesiastical coins were assimilated to the regal ones. There are ample evidences of the activity of the Archbishops' moneyers in the Public Records {vide ante, p. 181, respecting Archbishops Gerard, Walter Gray and William Wickwaine), and in the Archbishops' Registers preserved at York (vide Raine, Fasti, re Arch- bishops Melton, Thoresby and others), but the coins bear no distinctive marks by which they can be identified with absolute certainty as the work of any particular Archbishop until the time of John Kemp, Archbishop, 1426-1452. There are coins earlier and later than the time of this Archbishop bearing a quatrefoil, enclosing a pellet, in the centre of the cross on the reverse. This is the mark of the ecclesiastical mint at York. Such coins have been attributed to those dignitaries whose names are printed in the list below in italics. Those whose coins bear their initials, or some other distinguishing marks, are printed in capitals. Henry liowelt, 1407- 1 426. John Kemp, 1426- 1452. William Booth, 1452- 1464. George Neville, 1464-1476. In the Catalogue of the Montagu Collei:tion,novi dispersed, there is a coin, tempore Henry VI, described as having the letter G on the right of the neck. Brice says that this was struck by Archbp. Neville, prob- ably in 1470, during the brief restoration of Henry VI. Lawrence Booth, 1476-1480. Thomas RoTHERH.AM, 1480-1501. Thomas Savage, 1 50 1 - 1 508. Christopher liAiNiiRiDr.E, 1508- 15 14. Thomas Wol.sev, 1514-1531. Edward Lee, 1531-1545- The most historic coin of the York ecclesiastical series is the groat of Cardinal Wolsey. Upon the fall of the Cardinal, the issue of this coin, which bore the device of a Cardinal's h.it under the roy.il arms, was included in the bill of X ^o6 Appendices. indictment against him. Shakspeare's reference to this is familiar. Tlie Duke of Suffolk is made to say to the Cardinal :— " That, out of mere ambition, you have caused Your holy hat to be stamped upon the King's coin." Hen. VIII, Act iii, sc. 2. The words of the indictment {vide Lord Coke) are ambiguous, and it is not clear whether the offence was the use of the Cardinal's h:U, or placing the device on so large a coin as a groat, or whether, as some have supposed to have been the case, Wolsey presumed to meddle with the groats of the Royal Mint at York, having the cap also placed upon them. Reference has been made to the Peter Pence. This penny belongs to the .\nglo- Saxon period, and was produced only by the ecclesiastical mint at York, but by whose authority it is uncertain (Ruding). Some assign this coin to the period prior to tiie accession of King Athelstan. Others place it late in the tenth century. The coin bears some resemblance to those of Eric of Northumbria, who died in 951. The Peter Pennies have no connection with the tribute of the Roman Catholic Church which has the same title. This Anglo-.Saxon penny bears the name Peter in reference to the .Xpostle as the patron of the Church of York. Robert Davics wrote an admirable tract on the mints in \oxV— Historical Notices oj the Royal and Archiepiscopal Mints and Coina^^es at York — which embraces everything in Ruding and furnishes original extr.acts from the archives of the Corporation of the City. No. 10; seep. 1.85. Carta Adclstani Regis Sancto Wilfrido de Rippon concessa. This rhyming charter is also printed by Kemble, Codex Diplomaticus Ae^ii Saxonici (Tom. ii, ccclx) ; by Thorpe, Diploinatarium Anglictim Aevi Saxonici (p. 182) ; and by Earle, A Handbook to the Land Charters and Other Saxonic Documents (Group xv). The remarks of the last compiler are suggestive. He says : " In this group we have three specimens of that last stage in the descent of Saxon documents, in which they were cast into popular rhyme. ... I would not venture to assume that rhyming records were a very late invention. . . . Far as these records are removed from any genuine documentary form, they do in all probability preserve the memory of actual grants. These rhymes can only have had vogue with the peasantry, and therefore they suggest a strong sense of attachment to the monastery under which they held their lands. I do not know whether it is possible that such rhymes could ever have had any sort of value as legal evidence in this country, though such a state of things is recorded in Ireland {Ency. Brit.., ed. 9, -,i. Brchon La-cu)." There is a great mass of scattered notes on this subject. The matter has repeatedly appeared in Notes and Queries [vide Series ill, vol. xii, pp. 33, 175, 259 (not 209 as in A', and Q. index) ; S. iv, vol. xii, pp. 69, 170, 395 ; S. v, vol. i, pp. 157,217,337 ; S. VI, vol. xii, pp. 84, 194, 253, 314, 410, 475 ; .S. VII, vol. i, pp. 94, 231. 316, 376]. Appendices. 307 No. II ; seep.2T,y. A detacheii note respecling St. Anthony's Hospital. The feast of Yule you may have in the Records of the City, exactly how it was, with the guise and rites of it, and the mystical allegory of that foolery, and when it first had the vacation, and was put down. Rut it is to be remembered that this feast was made by a Master chosen every third year and twelve under him who were called St. Anthony's Pigs, and the master was called the keeper. Sec the manner of the feast, their rites with great garlands of flowers, which every one of twelve, from shoulder almost to foot, did carry, every garland having bushels of best flowers compacted, and bound up in a fine composure, tied about a great girth of a vessel.' Mayor, Alder- men, and best of city, with city's public musicians of loud music playing before them. See all these with the law of their feast, and the time when this office and feasting was put down, both which ma)' be seen in the city's Rccord.s. And it would be mentioned and set down in the book that this Anthony's house is a hospital at this daj-, and hath a huge large hall, or great U[)per chamber, where most of the common trades of York now have their meetings, and each company have their tables and scats, and known to them, being distinguished by the names of the trades to which each division belongs, as innhoklcrs, bakers, sadlers, pinners, etc., with the arms of those trades over them, etc.— T. \V. No. 12 ; see p. 25S. Translation of the Lardinar pedigrfe. David, King's = Larderer. John the Lard- erer. This David, the King's Larderer, came into England with the Conqueror. At the same time William de Albini, Karl of Arundel, was Chief Hutler of Enj;land at the time of the Coronation, by which service he held Uuckcnham Castle and Wymondham Manor, in the County of Norfolk. Stephen, King of England, restored and granted to John, his Larderer, of York, and to David his son, the land which he holds of him with his oflice of Larderer and his livery, as he held it on the day on which King llcnry was alive and dead. He and his ancestors used divers liberties, which see here in full ; and amongst others, they were Aldermen of Min5trills; see ^)i).,' and as I have heard^ Chief Constables of the City of York by hereditary right. ' Sic. » See ante, pp. 251-251. .\ 2 3o8 Appendices. I" David, son of John the Larderer. Thomas, son of^p Uavid Lardi- dinar ; died 2 Hen. Ill This David, son of John, died 26 Hen. IT. 2 Rich. I. Pipe Roll, and in the Account-Book of Thomas, son of David le Lardinar, £,^ \2S. \d. for a whole year. 3 Rich. \. Pipe Roll, and in the Account-Hook of Thomas, son of David le Lardinar, £j \is. \d. He had lands in Skclton, held nf Robert Ncvile, kni<;ht. David, son= Beatrice, 3 Hen. III. Pipe Roll. In the farm of the citi/.cns of York is allowed thus, and in the Account- Hook : to David, son of Thomas Lardinar — ^15 4.r. 2d. of Thomas Lardinar. vife of David, 3 Hen. III. David, son: of David Lardinar. I Philip, son: of David Lardinar. Matilda, daughter of John Le Spicer, Mayor of York. This David, son of Thomas, died in the escheatorship, 55 Hen. III. A.n. 1273, I Edw. I, David, son of David Lardinar, acknowledged that he ouy^ht to make two suits of the Court of Lord Robert de Nevill at Eskelfe yearly for a tenement in Skelton. And he granted rij^ht in service to the same David of the lands which Jo. Spicer, then Mayor of York, had. David, son of David, did homage 56 Hen. Ill, and died 4 Edw. I. In the Pleas of Quo Warranto in the time of Edw. II, David the Larderer says that his great-grandfather's great-grandfather came into England with the Con- queror. 7 Edw. -2, among the fmes of Michaelmas Term, Roll 3, Ralph de Lekc and Margaret his wife, first born of the daughters and one of the heirs of Philip de Lardinar, made a fine for the moiety of a house in this city, called Davy Hall, and for 76.r. rent, etc., after the death of Philip. This Philip, with Matilda his wife, had an oxgang of land in Skelton in free marriage, Patent 7 Edw. III. II Edw. I. Pipe Roll for York. In the farm of the citizens of York is allowed thus, and in the Account- Book of Philip, son and heir of David Le Lardinar — £l ^2s. id. 22 Edw. I. Pipe Roll, as allowed thus to John Le Means in his Account of the city of York, and in the Account-Book of Philip, son and heir of David Le Lardinar — £1^ 4s. 2d., for this year and the year before. Ralph Leke=(Margaret.) of Leke. I 16 Appendices. 309 RoI>crt 'Ihornton. — Alice, daughter and i sole heir j of Ralph Lck«. John = 1 = Joan, I hwaytes of daughter T huavtes. and 1 sole heir, her sister having died. 1 1 hoinas = Alice, Thwaytes. daughter and heir of Thomas dela Hay. 46 Edw. III. Robert Lardinar, son and heir of John dc Thornton, thus [styled] by reason of his office ; but in 3 Edw. Ill Robert Thornton, son of John de Thornton. Tlionias, son and heir of William Gra, rele.-ises to Robert Thornton, called Lardinar, and to Alice the wife' of John de Thornton, children and heirs of I'hilip Lar- dinar : see p.* See page^. In the Account of William Ormcshead, 3 Hen. VI, after the death of Robert Thornton, when the Mayor delivered, by the King's writ, the aforesaid manor of Davygate to John Thwa>-tes and Joan his wife, daughter and heir of the aforesaid Robert. Sec the indenture of marriage. I, Robert Thornton of Davygate, on 5 April, 3 Hen. V, have granted to John de Thwaytes and Joan his wife, my daughter, all the lands, etc., which I have in the parish of Leke, etc. Roger Joud-=Alice, one of the coheirs of Robert Thom- rell. ton, died without issue. 19 Rich. 1 1. Her father gave her for [dower] 100 marks ; and she died without issue in her father's lifetime. And the covenant is to this effect : That Robert alienate no part of his inheritance so as to disinherit his said daughter ; and in case the said Robert shall provide that the said Roger can recover any of the said, etc., which belong to his inheritance, then Roger and Alice shall enjoy it, to them and to the heirs of their bodies for ever. His second wife was Ann = John Thwaytes.==Agnes,the 1st wifcof JohnThwaytcs, Knevct, Aunt to the ist Lord Knevet. He died seised of the manor of Davy Hall. Inquis. 2 Hen. VI 11, May 26. He bore for his coat, fr, 3 bend lets gules. had for jointure lands, etc., in Kighly, Scolds, Rawdcn, Newsam, Hinglcy and Askwith, 19 Hen. VII. Afterwards wife of Thomas Merjng, Esq. Elizabeth was one of the co- heirs, married to Sothill of Northdighton. Thomas Thwaytes, died in his father's=pEmota, daughter and heir of Nicholas lifetime. Middleton. John Thwaytes, died in infancy. William Fairfax of --Isabella, daughter of Thomas, and StcctOD, Knight. heir of John Thwaytes. ' In the translation I have left out the vntx^X fitiat. Sec antr^ p. 259, note 1. ' See ante, p. 256. ^ Sec ante, p. 254. 1 1 Q Appendices. \c Thomas Fairfax, Knight. =Dorothy, daughter of George Gaile, Esq. ! Thomas, Lord Fairfax.=ElIen, his wife, daughter of Robert Ask, Esq. Ferdinand, Lord Fairfax.=Mary, daughter of Edmund, Earl Mulgravc. ^1 Thomas, Lord Fairfax. = Anne, daughter and coheir of Horace Vere, Baron of Tilbury. AV. 13; seep. 27C. The punishment of attainted jurors. An attaint was a writ to enquire whether a jury of twelve men had ,i;iven a false verdict, so that the judgment thereon might be reversed. The Grand Jury to try the false verdict had to consist of twenty-four men, " for the law wills not that the oath of a jury of 12 men should be attainted, or set aside, by an equal number nor by less, indeed, than double the former." A Forprise is an exception or reservation. From this item we learn that in the City and County of York it was not essential that the Grand Jurors, to try an attaint, should be worth ^20 yearly. It is not possible to look into a paragraph like this without recognising the thoroughness with which our ancestors provided for truth and justice. Comparing the English love of truth with the state of things among Latin races, one can see how beneficial such institutions as Attaint, and their consequences, were in building up the character of the English race. If the Grand Jury found the verdict a false one, the judgment of the Common Law was that the jurors (i) should lose their liberam legem, and become for ever infamous ; (2) should forfeit their goods and the profits of their lands ; (3) should themselves be imprisoned, and their wives and children thrown out of doors ; (4) should have their houses razed, their trees extirpated, and their meadows ploughed ; and (5) that the plaintiff should be restored to all that he lost by reason of the unjust verdict. But the severity of this punishment had its usual eftect in preventing the law from being executed. Therefore, by Statute 11 Henry VII, c. 24, (made perpetual by 13 Elizabeth, c. 25), a more moderate punishment was inflicted upon attainted jurors, viz., (i) perpetual infamy and (2) forfeiture of /20 each, by the jurors, if the cause of action was above £i,o in value, or ^5 each if the cause of action was under ^40, to be divided between the king and the party injured. The practice of setting aside verdicts upon motion, and granting new trials, has so superseded attaints that verj' few instances appear in our books later than the 1 6th century. No. 14 ; see p. 284. Tlic Duties of Yorii. The following complete the list of the Dukes of York : — (5) Richard, second son of Edward IV, who with his brother, Ed. V, was murdered in the Tower. (6) Henry VIII, second son of Henry VII. (7) Charles I, second son of James I. ()5) James 11, second son of Charles I. Appendices. 3" (9) Ernest Augustus, brother of George I. (10) Edward Augustus, brother of George III, and second son of Frederick Lewis, Prince of Wales. (11) Frederick, second son of George III. (12) George Frederick, second son of Albert Edward, Prince of Wales. No. 1 5 ; sec p. 1 36, and tlie plate opposite tluit page. Walter Malbysse. The following table presents the correct account of Walter Malbysse and the Acaster lands. John de Malbysse, Sheriff of the==Agnes. County in 1314. j Walter. He went to the Holy Land, and for certain monetary obligations made over his estate to VVilliam Fairfa.\, his brother- in-law, should he not return. This was in 1366, temp. Edward 111 (1327-1377). The Crusader was never heard of again. William. Elizabeth, wiirntv/ William Fair- fax of Walton. When the death of Waller was no longer a question or doubt, the descend- ants of William Fairfa.\ and his wife Elizabeth were seised of the Acaster lands. This would probably be in the time of Henry VI (1422-1461), the monarch named by Widdrington. It is surprising that Widdrington, who was so familiar with the Fairfax pedigree and history, did not make a conclusive emiuiry into this matter. Thomas Ueckwith, painter, of York, published an engraving of this effigy. GENERAL INDEX THE I'KhNCIPAL REFERENCES TO PERSONS, PLACES, EVENTS, AUTHORS, Etc., IN THE TEXT AND NOTES. N.D. — The .-Archbishops, Churches, Religious Orders, Justiciars, and .Mayors, .ire placed under these headings respectively, and are not given separately. Acaster, Isolda, i68 ; John de, l68 Aca.slcr Mall)ys, 136 Actslur Sclby, 136 .\coiTib, 156, 270 .\ci)inb Grange, 227 Act of ParlianiciU, res|x;ctint; the ch.irges iHjainst York, 276-278 ; for the uniting of certain parishes in York, 167, 168, 279 ; for the restoration of the Church of St. Helen, 16S. 279 Acton Burnell, Statute of, mentions York, 86, 275 .\(l quod damnum, a writ of, 233 Agar, Alderman, 297 ; Francis, 296 Agricola, the importance of the work of, 25 Ainsty of York, annexed to the City, 133 ; derivation of the term, 133 ; described, 131-157 Ajou, Kolvrt, 140 Alan, nephew of the Conqueror, 49, 122, 238 Alba (irma, 140 Alcuin, an epitome of his life, 10, 289-291 j a letter of, to Charles the Great, 42, 290 ; a letter of, to King Ethelred, 10, 43 ; vide Library of York Aldlmrough, 1 15, 252 AMegatc, William, 62 Alilcstonmar, John, viiU .-Kustinmore Aldwark, mentioned, 31 Ales, Alexandi-r, saying of, 211 Alfred, King, the Wise, 203 Allenson, Sir William, Alderman, 29S Almry Garth, 1 24, 125 AInerton Malcverer, 153 Altar, Koman, found in York, 28-29 Alwathorp, Thomas, 168 AnaUita Eboracemia, an account of, vii-xix ; copies of, xiv-xix ; not published before, viii Andrew, St., the College of, at -Acaster, 136; the Priory of, Fishcrgate, 240 Angelram, Itishop of Glasgow, 192 Anselm, Archbishop of Canterliury, men- tioned, 238 Anthony, St., authorilie.s for the life of, 237 ; representations of, 237 ; the I losnital of, 236, 307 ; the Hall of, 236 ; the Order of, 236 Antonine, llinerarium described and quoted, 20 Appleton, 136 ; lands of St. Mary's Abbey in, 241-242 A(|uitanus, ProsiK-r, quotctl, 2C Archbishop of \ ork, mentioned in Domaday Book, 45; dispute with Cinterbury, 179- t8oi lil>erties of the, 176-188; su|Kr- intendency of the Scotch bishops disputed, I88-20I ; vidt Pahcc Archbishojiric of York, in susjiension A.O. 633— A.I). 735. 41-42 ArchbishoiK of York, the, who are spoken of, traditional names, 175; .-Xrundell, Thom.as. 2o8, 291 ; .'Xvondell, Thoma.s, 164 ; lUin- bridge. Cardinal, 205, 305 ; vidf IVina- Ventura; B>K)th, Lawrence, 305; Ifemth, Willi.am, 164, 305 : Uos.i, 202 ; Bowett, Henry, 164, 305; Kanlnld, 305 ; Khnrius, 32, 175; Eglicrt, 41. 203,291,304 : Kthel- Ittld, 305; GeolTrey l'l.uit.igenel. 206; Gerard, 164, 181, 300, 305 ; Gillard, Walter, 164, 193, 207 ; (">r.iy, Walter de, '34. '77> '81, 206-207, 305; Greenlicid, \Villi.im, 176, 178, 180, 207 (vide Greer»- field); Grindal, 138; Heath, Nichola.*, 209; Hutton, .Matthew^ 72. 109; John, St., 177, 202 ; Kemp, Cjirdinal, 205, 20S, 30s ; Lee, Edward, 19S, 199. 3"5 i Ludham, Geoffrey de, 154 ; Matthew, Tobias, 142, iSj, 209-211,302; Melton, 3'4 General Index. Williiini (li;, 146, 161, 163, 207, 305 ; Murdac, Henry, 164; Neville, Alexander, 273, 291: Neville, George, 164, 199, 208, 30s ; Oswalil, 180, 203 ; I'aulinus, 41, 176, 200, 201, (the personal appearance of) 202; Kedcwakl, 305; Roger, 159, 176, 192, 246; Roman, John, 161, 162, 164 ; Rolherhani, Thomas, 305 ; Savage, Thomas, 305 ; Scot, Thomas, 164, 208 ; Sewal de bovill, 247; Thom;is I, 159, 198, 212, 300; Thomas II, 164, 238, 300 ; Thoresby, John de, 123, 161, 163, 164, 208, 305; Thurstan, 126, 159, 179, iSo, 197, 198, 24S, 300 ; Waldby, Robert, 29 1 ; Wick- waine, William, 181, 185, 305 ; Wignunid, 305; Wilfrid, St., 178, 202 ; William, St., 204, 205 ; Williams, John, 209 ; Wolscy, Cardinal, 177, 206, 20S, 305, 306: Widstan, iSo, 305 ; Voting, Thomas, log ; Zouch, William de la, 207 Archbishops of York, bodies of, removed, 163-164 Archer, John le, 264 Archimedes, the discovery of the tomb of, 5 Archis, Osberne de, 139, 153 ; the family of, 145 ; vide Thorpe Arch Aristotle, Acroasis referred to, 4 ; Alexander and, 4 Artluir, King, ancient verses concerning, 39-40 ; appoints an Archbishop of \'ork, 40 ; the siege of York by, 38 ; Leland quoted, 38 ; Robert of Gloucester quoted, 286 Arundell, Roger, 248, 269 ; Thomas, Earl of, 266 Ashmolcan Museum, Oxford, 256 Ask, Robert, 257 Askiiam Bryan, 152 Askliam Richard, 152 Askuith, 273, 260, 309 A.skvvith, Lady, 296; Robert, Alderman, 265, 296 Aslakeby, Richard and Vido, 263 Assize of Mort d'Ancestor, 63 ; of Novel Di.sseisin, 63 ; of Coverlets quoted, 12, 278 Athelstan, ICing, founds the Hospital of St. Leonard, 222 ; grant of, to Beverley, 221 ; to Ripon, 184, 306 ; the Laws of, 305 Athill, John, 233 Aton, Thomas, Sheriff, loi Atrium, the, in the Church, 213 Attaint, a case of, at York, 276 ; remarks concerning, 310 Austinmore, John, Sheriflf, loi Bailc, the Old, 185, 186, 207, 261, 271 Bailiffs of York, a list of early, S2-83 Baliol, Barnard de, 239 Baldric, Hugh, son of, 172, 239 Baldwin, Earl of Albemarle, 67 Bale, John, an account of, 80 ; quoted, 80, 203, 289, 291, 292 Balistarius, Robert, 263 Bannockburn, the battle of, 272 Banwell, John, 98 Bapthorpe, William, no Barlow, Samuel, 134 Baronius, Cardinal, quoted, 287 Bars, the, of York, 76 Bartas quoted, 13 Barton, John de, 256 Barwick, John, 293 ; the life of Thomas Morton by, quoted, 293 Bas.sy, Roger, 167 Baston, \Villiam, 174 Bate, John, a Carmelite, 291-292 Battersea, a house at, granted to the Cluirch of St. I'eter, 187 Beaumont, the family of, 137 Bede, Eccks. Hist, quoted, 17, 41, 76, 159, 201, 202 ; Livis of Ahhots quoted, 24 Belasis, Robert and William, 140 Belinus, 268 Bell, Maud, 239 Belew, John de, 114, 146, 152 Bellingbrook, Andrew de, 66 Bellona, the goddess, referred In, 23 ; had a temple in York, 33 ; Ovid's description of, 36 ; \'irgirs description of, 36 ; a descrip- tion of the temple of, in Rome, by Hona- tus, 36; a representation of, by Geromc, 36-37 Bellwood, \ icar of the Church of St. Olave, 240 Belt, William, Recorder of York, 89 Belyn, Adam de, 225 Ben Chereb, Isaac, 155 Benedict Biscop, Abbot ofWearmouth, 24 Tienefactions to York, the, remarks on, 295 Beiidlowes, Reports quoted, 70 Benge, John, 169 Benningbrough, 234 Berentine, Drugo, 80 Bergomensis, Philip, quoted, 17 Bernard, St., 154 Berners', Lord, edition of Froissart quoted, 13 Berwick-on-Tweed, xxiii Besson, Leonard, Alderman, 298 Bethome, the Church of, 242 Bevenen, Robert, 243 Bevercotes, Samuel, III Beverley, mentioned, 182, 203 ; the Bcdern of, 185 ; Edward II visits, 272 ; a grant of thraves of corn, 221 ; the monastery at, founded by John, Bishop of York, 202 ; the right of sanctuary at, 183, 203 Bickerton, 156 Bigod, the family of, 235 ; Constance, 97-99 ; Francis, 235 ; John, 97-99 Bilbrough, 144, 168 Bilbowe, John, 301 Bilton, 152 Binglay, John, 99 Binglcy, 260. 309 Birn.and, William, Recorder of York, 88 Bishophill, a noted house at, 76 ; a house at, belonging to the parson of St. Wilfrid, 172 Bishops, early, of York, 40 ; at the Council of Aries, 320 Bishopthorpe, 134 ; the palace at, purchaspd by Archbishop Gray, 177, 206 Blackmore, the forest of, 243 Blaminynster, John, 145 Blanch Farm, 140 General Index. 315 Bland, James, 70 Bloonie, Robert, 82 Blount, /.aw /.i/c/WHa'^ quoted, 121 Blunderston, Lawrence, 1 1 1 Boetheus, Hector, quoted, 18S, 200; an account of, 199 Bolt, Mr., of Upper Ousegale, 75 Bolton Percy, 137, 303-304 ; Thoni.-is, 118 Bomell, Koger, 82 Bonaventura, said to have been made Arch- bishop of York, 211 Bonavilla, Roger de, Bailiff of York, 81 Bonner, Bishop, 292 Book, the Black, of the City, loi Bootham, mentioned, 235 ; is declared to \k part of the suburbs of the City, 120-123 • the claim of the citizens concerning, 123-125 ; the lands of St. Mary's Abl)ey in, 242 ; the jurisdiction of St. Mary's Abbey in, 243 ; a fair or market in, 245 Bootham ]!ar, the image of Ebrauk at, 17 ; the temple of Bcllona at, 37 ; toll at, 19 Bootham, Benchard, 123; Lawrence, 123 Bootham Ward, 296 Boroughliridge, 20, 115, 116 Borough-English, 105 Bosio, Giacomo, DtlC Istoria, itc, quoted, ISO Botehall, William de, 253 Boulton, Robert de, 256 Bounds, the, of the city, 129 Bowes, .Martin, gives a sword to the city, 65, 296 ; biographical notice of, 292 ; the l>ene- factions of, 296 ; Robert, 1 1 1 Bowett, Ralph, 1 10 ; Thomas, 292 Bowmen, 264 Bracton, quoted, 69 Bradford, the citizens of York discharged of a toll at, 63 ; vnu Wa'kcfield Braly, Jordon, 98 Bramhop, 232 Br;iss, the casting of, 276 Brennus, 268 Breton, Aian, 153 lircwsler, Rich.ard, 297 Brideshale, 27 1 Bridges, Humphrey, III Brincotcs, 242 British Christi.^nity, Hede's testimony con- cerning, 34 ; a criticism of Widdriiigton's authorities, 32-33 Brocas, Bernard, 140 Brocket, Kdward, 139 Brocket llall, 137 Bromllette, 232 Brompton, (|Uotcd, 159 Brook, quoted, 69 ; Christopher, III; Robert, 296 Brough, John, 87, 156; Richard, 156; Thomas, 156 Brougham Castle, «7, l8 Brown, (jeorge, 110 Browne, Hist. .Mel. Cliunh quoted, 163, 170 Brus, Adam, 247 \ Ivetta, 146, 247 ; I'eter, 146, 147. "54. 27' Brutus, the romance of, 8, 16 Buchanan, G., quoted, 19, 188, 200, 2S9 Buck, George, 29/ Budlers, Hilaria, 154 Buglhorpc, Alice, 8 1 ; William, 153 Buleford, Robert de, 115 Bullingbrook, Adam, S2 ; Stephen, 169 Buhner, |ohn dc, 115 Bunny, Edmund, 138 Burchier, Geoffrey, 153 Burgage, 67 Burgesses of York [ay no relief, 47, 55 ; vul< Citizens Burgo, Hulwrt de, 177 Burleigh, Thomas, Lord, viik Exeter Burley, John, 296 Burton, 182 Burton, Roger de, 115 Burton, William, Itintiary oj AiUonius quoted, 299 Bustard, Robert, 257 ; Thomas, 134, 249 BustardlhoriJo. 134, 249, 254, 255, 257, 258 Butchers of York, 66, 296 Byland, the Ablwy of, 134 Byns, Richard, 296 Byron, Nicholas, 242 Cailwallader, the British King, 23 Caesar, Julius, Commentaries i\Mo\.eA, 21, 23, 24 ; a legacy by, 6 Caithness, 191 Caius, John, a biographical note of, 17 ; quoted, 17, 287, 291 Calciria, 142, I'iiie Tadcastcr Cillhorp, 156 Calverley, the Church of, 247 Cambrensis, Giraldus, quoted, 2S5 Cambrian Kegisler quoted, 23 Cambridge, 291 Cambridge, Corpus Christi College, 194 ; St. John's College, 209, 241, 292; I'eter house, 294 Camden referred to, 11; Uritannia quoted, 12, 27, 28, 31, 67, 142. «6l, 165, 178, 202, 2S7, 288 Camera, John dc, 81, 98 Camerary Docket Homo, 263 Campion, Edmund, quoted, 209-210 Candida Casa, ;•/Hord before the King, 264-267 ; the Exchetjucr and King's Bench held in, 271, 272 ; the giiol of, 296 Castle Mills, the, 262; vidi Mills Caston, a [larty in a lawsuit, 69 Catherine, St., the two hospitals of, 236 Catherton, .Man de, 156, 253 ; William, 156 Cathrick, Roger de, 240 Caupcmowihor|>c, 3J2 ; tiJe Cupiiunihuip Cave, Drawings of \\>xV by, 204, 301, 302 ;i6 General htdex. Cawood Castle, 206 CawtKxl, Daviil, 133 ; John, 133, 263 Ccdrcn i|umccl, 286 C'haccimi, Richard, 219 Chaloncr, Thomas, 265 Challoncr, Robert, 1 10 Chambrc, John k, 236 Chandler, Agnes, 239 Chantries in the Churches: of Isolda, wife of John de Acaster, 16S ; of Thomas Alwa- thorp, 168 ; of Roger Bassey, 167 ; of John Benge, 169; of Stephen liulhng- brook, 169; of Dalby, 218 ; of Nicholas Langlon, 174 ; of Thomas Norfolk, 167 ; of Robert Roston, 169 ; of Richanl Russell, 170, 173 ; of John de Shuplon, 170; of John Thirsk, 170, 173; of li. Mariae Virginis, 172; of Elias de Wandes- ford, 170; of Richard Watre, 172 Chapels in York — St. Ann, Fossbridge, 173 ; St. Ann, Horse Fair, 173; the Bishop's Chapel, Clementhorpe, 174 ; at the Castle, 262 ; St. Christopher, 174 ; St. George, 174; St. James, Micklegate, 174, 274; St. Katherine, Homer Lane, 174 ; the Chapel of Our Larly, in the Abbey, 173 ; the Chapel of Our Lady, in Marygate, 174 ; the Chapel of Our Lady in the Min- ster, 163-164 ; the Chapel of Our Lady in Whitefriars, 175; St. Mary Magdalen, 174; St. Maudlin, 129, 174; Tarsonage in the Horse Fair, 174; St. Sepulchre, 146, 160, 163, 246-247 ; St. Stephen, 173 ; St. Thomas, 174 ; Holy Trinity, 174 ; St. William, 174, vide William Charter, a, of Athelstan, 177, 183; of William n, 238, 239 ; of Henry I, 213 ; of Stejjhen, 250; of Henry H, 52, 213, 239. 243 ; of Richard L 53, 133 ; cjf John, 53, 132, 133; of Richard H, 54, 60, 85; of Henry IV, 54; of Henry VI, 77 ; of Edward IV, 17S ; of Charles I, 77 ; of Edmund, Earl of Cornwall, 113-1 14 Charters of the City, the ancient, burnt, 52 ; a group of, 55 Charters, rhyming, 184-185, 306 Chasseneaux, B. de, Consudtidines, etc., quoted, 215 Chaucer quoted, 205, 241 Chaumont, Garo, 138; John, 139; vide Savoy Chaworth, George, 1 1 1 Christ Church Letters quoted, 303 Chichester, Joseline, Archdeacon of, 257 Churches in York — the number of, 166 ; the union of, 167, 168, 279 ; Saxon work in the, 168; works on the, 166; All Saints, I'lvement, 168, 300 ; All Saints, North Street, 168, 247, 297 ; All Saints, Peasholm, 169 ; All Saints. Fishergate, 169 ; St. Andrew, 166 ; St. Andrew, Fi.shergate, 172 ; St. Benedict, 166 ; St. Bridget, 167, 247 ; St. Clement, Fossgate, 170 ; St. Clement, Clementhorpe, 166 ; St. Crux, Fos^ate, 45, 170, 297, 300 ; St. Cuthbcrt, 45, 47, 172, 296 ; St. Dionis, 172 ; St. Edward, 166 ; St. George, 166 ; St. Giles, 173 ; St. Gregory, 172 ; St. Helcn-at-lhe-Wall, 170; St. Helen, Fishergate, 170, 247; St. Helen, Stonc- g-ate, 173 ; St. John de la Tike, 170 ; St. John, Hungate, 170, 172-173 ; St. John, Ousebridge End, 170; St. Laurence, 172; St. Margaret, Walmgate, 172 ; St. Martin, Coney Street, 171 ; St. Martin, Mickle- gate, 172, 294 ; St. Mary, Castlegate, 167, 297; St. Mary Junior, 168; St. Mary, Layerlhorpe, 167 ; Si. Mary, Marygate, 173 ; St. Mary Senior, 16S ; St. Maurice, Monkgate, 172; St. Michael, extra Walmgate, 166 ; St. Michael le Belfry, 170, 171 ; St. Michael, Ousegate, 170; St. Nicholas, Micklegate, 166 ; St. Nicho- las, extra Walmgate, 166; St. Olave, '73i 239; St. Peter, Cathedral Church of, 158-166; St. Peter-in-the-Willows, 172; St. Peter the Little, 172; St. Saviour, 172 ; St. Sampson, 166, 172 ; St. Stephen, 167; St. Trinity, Goodranigate, 170; St. Trinity, in Aula Re,^is, 169, 170 ; St. Trinity, Micklegate, 169 ; St. Wilfrid, 172 Cicero, De Senectute i\\myt:A, 3 ; Off. quoted, 4 ; Tus. Disptit. quoted, 5 Citizens of York, the, attack the monks of St. Mary's Abbey, 243, 245, 246 ; fined ;^loo, 80 ; forfeit their privileges, 55 ; privileges claimed by, 56-6 1 ; charges against, 277 ; the " sad complaint" of, X Clarasay, William, 225 Clarendon quoted, 88 Clark, G. T., quoted re the Castle, 261 Claudian, Bell. Get. quoted, 28 Clement, Abbot of St. Mary's, 224 Clement, St., Priory of, Fishergate, 248 Clementhorpe, 171 Clementhorpe Nunnery, 76, 126, 127, 248, 300 Clifford, Lord, warden of the Castle, 264 ; the claim of, to carry the City sword, 265-266 Clifford's Tower, 264 Clifton, 125, 242 Coffin, a Roman, of historic importance, 26 Coke, vide Justices Colchester, 287 Colingham, 173 Colliergate, an image of Ebrauk at, 17 Colonia, the name applied to York, 26 ; does not appear on any coin, 27 Colton, 138 Comin, John, 1 17 Common Hall, 297, see Guild Hall Common lands, 60 Coniston, John, 82 Coniston-in-Craven, 231 Conon, Duke of Brittany, 239 Consett, Christopher, 298 Constable, Catherine, 296; Simon de, 114 Constantius Chlorus, Emperor, dies at York, 31 ; the f.able of the burning lamp, 31 Constantine the Great, not born in York, 31, 32, 285 ; proclaimed Emperor in York, 31, 288 ; panegyric on ; 288 ; a monument to the memory of, proposed for York Min- ster, 287, 293 ; a biographical sketch of, 285-289 ; made no gift to Y'ork, 295 General Index. 3'7 ConsuetuJinarium of St. Mary's AbtH:y, 241 Ci.pnianlhorp 135, wV/r Ciui)cmo\vthi)rp<: Corcby, William, 64 Cornubiensis, Girardus, mentioned. 285 Cornwall, Edmund, Earl of, a charter of, 113-H4 Corrections, the principal by the Editor— 16, note I ; 88, note 3 ; 170, nite i ; 171, note ' ! 173. notes 1,2, 3; 177, note 1 ; 186, notes •> 3i '9li note 3 ; 195, note I ; 197, note I ! 210, notes 2, 7 ; 211, note 2 ; 213, note 4 ; 233. note 2 ; 234, notes 2, 3, 4 ; 239, note 4; 242, notes, l, 3, 5. 7, 8, 9, 12 ; 246, note 3 ; 249, note 6 ; 250, note I ; 251, note 3 J 255, notes 3, 4 ; 259, note I ; 263, notes 2, 4, 5, 8, 9, 10 ; 272, note y, TJl, note I ; 285, note 3 ; 290, note I Cotterill, James, 29i6 Cottingham, the Church of. 165 Cotton, Thomas, 221 Council, the, of Ailes, 31 ; of Nice, 31, 175 ; the DeuteroNicene, 291 ; at Northamp- ton, 189 ; of kheims, 179; at Stamford, 29I Council, of the North, 107-1 1 1, 280 Councillors of Kec, I lo-i 1 1 Courts of Justice, not to follow the King's Household, 56 ; in the City of York, 90-112; Mayor's Court, 90; Court of Record, 101 ; Court of Chancery. 103-106 Coverlets ni.-ide at York, I, 12, 278 Coverture, 67 Crackanthorpe, Richard, quoted, 288 Crcping, Roliert de, 253 Croke, Kip. quoted, 88 Cronipton, ywr, of Ci>«r« quoted, 215 Crura superiora, 249 Cui in vita, 68 Culdees, 200, 222 Cunnington, John de, 82 Curia Regis, or King's Square, 169 Curtilage, 124 Customs anil usages, 67-72 Custos, of the City, 55, S3 ; of the farms and manors of the See, 257, 269 ; of the King- dom, 185, 207 Dalby, makes a devise to the Dean and Chapter, 218 Dalton, William, III IJanes, invade England, 42-43 ; relics of the, in York, 48 Daniel, Walter, 122 Darcll, William, 118 Davering, Richard, 118 Davies, The King's Afnnor quotecdiiale, 121 I'oiuesday Hoik mentioned, 21, 121, 123, '35. '37, 139; quoted, 4447. 141. 153, 156, 168, 171, 172, 177 ; the date of, 44 ; descrilx;nre.ss»r, 44 ; viJ/ Utw.i Edwin, King of Norlhumbria, 40 :ciinverti'd, 41 ; l>.ipti>cd, 41, 1^9; slain nl ll.ittiild, 41 ; the head of, burioi in York Minster, 41 Egremont, Sir John, 236 Eketon, John de, 244 Eland, William, Recorder of Hull, 88 Eleanor, ck, Thomas, 62 Ellis, George, III : William, III Ellis, Intro, lyomesd^sy /io>>k tjuotcd, 45, 46 Ellys, Uern.ird, Recorder, 89 ; Thomas, III Elvington, Simon de, 97, 98 Elwick, Mr., 298 3i8 General Index. Ely, the Bishop of, 234 Ennius quoteil, 4 Epworlh, 243 Erglmm, John, r> Carmelite, 292 Erneham, the Church of, Lincolnshire, 247 EsUirk, the lands of St. Mary in, 242 Essex, Henry ile, 225 Estwick, the lands of St. Mary there to be fenced, 242 Essoine, 91 Eston, Emma, 99 ; John, 99 Etton, Elizabeth, 148 ; George, 256 ; John, 256 Eusebius quoted, 2SS Everingham, .\dani de, 253 Everton, the church of, 247 Evora, Portug-ai, 18 Evreux, France, 19 Ewbank, Francis, 297 Exeter, Thomas, Earl of, no, 205 Exgravi querela, 91 F.ibric Rolls, referred to, 137, 161, 164 Fairfax, the family of, 135, 136 ; the pedigree of 147-151, 260, 309-310 ; Ana a/a Fa'i- faxiana, 147 ; Charles, 96, 1S2, 189 ; Charles (Viscount Emelay), 136, 151 ; Fer- dinando, 138, 257, 303-304 ; Guy, 87, 88, I39i 150; Henry, 217; John, 98, 147; Nicholas (of Rhodes), 150 ; Nicholas, 151 ; Richard, 145, 149 ; Thomas (the Parlia- mentary General) held possession of a Roman altar, 28, also of a MS. quoted, 97, also of the horn of Ulphus, 217, also of Widdrington's MS., xi, xv, xvii, built a house at Nun-Appleton, 136, owned a house in Skeldergate, 76 ; Thomas (temp. H. Ill), 81, 147 ; Thomas (son of John), 98, 147 ; Thomas (son of ■\ViIliam), 98, 148, 156 ; Thomas (gr.and- father of Guy), 149 ; Thomas (younger son of Guy), no; Thomas (nephew of Guy), 150 ; Thom.is, 150 ; Thomas (Viscount Emelay), 151 ; Thoni.is (the first Lord Fairfax of Denton), 144, 149, 150, 257 ; Thomas, of Menston, viii ; \Vil- li.am (/<»//. II. Ill), 81, 98, 147 ; William, 98, 148; William, 149; William, 150; William (the Justice, son of Guy), 88, 138, 150 ; William (son of the Justice), 150, 257 ; William, 151 ; William (Viscount), Fairs in Vork, 58, 59 Falconberg, Richard, 136 ; Walter de, 114 Farley, Fabian, 296 Fawcett, 1 he C/iiirc/ies of York quoted, 166 Fee Farm of the City, 53, S3. 85 Fells, " grown in the county," 276 Feoffment, 148 Fire, the custom respecting, 72 Firmicus, Julius, quoted, 286 Fishergate, 234 ; the Bar burned, 77, 236 ; the Postern, 262 Fishing, the regulation of, in the Foss, 1 18 Fitz-Stephen, \\'illiam, Pe.'eri/i'ioii of London quoted, 287 Flamens turned into Bishops — a myth, 34 Flawith, 233 Flemyng, John, 1 18 fle/a, quoted, 53, 214 ; a description of, 53 Flower, Robert, viiie St. Robert Folcarc/iis Canliiariinsis, 202 Footeless Lane, 74 Fordun, John, an account of, 189; quoted (from the MS.), 189 Forest of (.laltres, vide Galtres Forrester, Ralph, 62 Fortunatus, Venantius, J'ila S. Afartini quoted, 33 Yoss, /iiJges (f England (\\w{iii\, 61, 62, 66, 88, 104, 122, 123, 181, 219, 220, 22O, 22S, 229, 244, 252, 257, 269, 270, 272 Foss, the River, 117; the bridge of, 117, "9i 23s, 251, 252 ; the King's fishixind on the, n7 Foss, the, another river in the Ainsty, 133 Fountains, the Abbey of, 152 Fox, Alartyrs quoted, 204 Frank-i)Iedge, 186 Frobisher. Francis, 1 10 Froissart, C/fOT/V/fj quoted, 13, 140 Froderoth, Bishop of St. .Andrews, 197 Fulford, the churchyard of, 239 Fuller, Chu'ih //z'/r"^ quoted, 35, So, I So, 286 ; ]\''oyt'i-is of Eni^lanih\Wi\.Gd^ vii Fulthorp, Roger de, 231 Furness, the monastery of, 156 Gale, George, 257 Gale quoted, 27 ; An HiitoHcnl lUs.'erlalioii quoted, 217 Galmhawlith, 120, 121 G.altres, the Forest of, 59, 76, 121, 234, 243 ; derivation of the name, 252 Gamsteed, S., 262 Gardiner, Stephen, Chancellor of Engl.and, 209 Gargrave, William de, 155 Gascoine, William, Recorder. 88 Gascoyne, William, Chief Justice, a book belonging to, 87 Gavelkind, 105 Geldart, John, Alderman, a house built by, at Askham Bryan, 152 Gemiticensis, zide William Geneser, Lady, 271 Gent, Hist. Kor/' quoted, 17, 174; Hist, oj Rifon quoted, 304 Gentilis, Albericus, an eulogy by, on Arch- bishop Matthew, 210 GeoflVey of Monmouth, the value of as an his- torian, 8, 23 ; quoted, 8, 23, 25, 38, 39, 268 George, Inn, the. Coney Street, 301-303 Geta, son of Severus, 30 Gevedale (Givendale), 263 ; Robert de, 264 : Thomas de, 264 Gevendale, 264 ; Agnes de, 264 ; vide Geve- dale Gibson, Bishop, quoted, viii GifTard, Archbishop, Register of, quoted, 193 Giglis, Silvester de. Bishop of Worcester, 206 Gilbert, a .Scotch monk, 190-191 Gildas, biographical note of, 22 ; quoted, 22, 25, 26 General Index. 319 Gilling, comes into the |X)sscssion of Kair- fax, 14S-149; the lands of St. Mar/s Abljey in, 242 Girlington, Nichohis, 296 ; William, 87 ; two brothers who were Reconlers, 87 elisors, John, Mayor of London, 83 (JIass, a remarkable piece of, in the Church of St. Saviour, 237 ; figure of St. William reproduced in, 204 ; fragments of, from the Church of Holion I'ercy, 137 ; an interest- ing window in the George inn, 302 Glastonbury, the legend of St. Joseph, 33 Glossiiries, 39, 46, 47, 184, 205, 215 (two), 216, 241 Gloucester, 238 Godstowe, the Ablxry of, 127 Godwin, Catah^iie of Bishops quotetl, 40, 145, 212, 290 Goldslwrough, Richard, 118 Gocnei|, 164 ; Archbishop Melton's opened, 207 Greenfield, Archbishop, KegisUr of, 1 76, 178, 180 Guer, Robert, 253 Guild Ilall, general facts concerning the, 74-75 ; wills enrolled there, 71 ; viitr Common Hall Cluild, merchant, the, 52 Guilds, various, 166 Gurthlac, 268 Guthruni, 169 Guyd-law, a toll called, 19 I laberdashers, the Company of, 297 Hadrian, the Emperor, overlooked by Wid- drington, 29 Ilagenby, mentioned, 156; the prolnble site of, 156 Haget, Alice, 154, 269 ; Bertram, 144, 269 ; (ieoffrey, 143, 144, 151,269; Lucia, 144, 151 ; William, 253 Ilainault, John de, at York, 12, 246 I lales, Charles, 1 1 1 Ilalgh, 232 Hall, Edward, Chronicle quoted, 284 Halton, Simon de, 253 Ilammerton, John de, 253 Hamjivr, an Exchequer term, 255 Hanyngh.am, William, t"i/if lluvinghani |{anlakenby, I law lake de, 1 15 Haver I-ane, 300 Hans, John, Alderm.\n, 74 Harclee, Andrew, 273 Harewood, the church of, 247, 256 Hargrove, Hist, of York quolcrield, llnlorii quoted, 196, Ii>8, 290; an account of, 196 Harrington, John, an account of, 145 ; A Hriefl/'iew quote>l, IIO, I42, 145, 201,209 Harrison, Lady Frances, 289; Thomas, 154; Thom.as, 297 Hart, A'illiam, 297 Hartington, Henr^, 118 Hurtlington, William de, I15 H:isthorp, William Ue, 115 H.Lstings, Hugh, 227 Hatters' Hall, in Yurk, 297 I laverpate, 75 ; viJe I'avement Hawkms, The Silver Coins of Eni^asid <|Uote, 62 Holme, RoU-rt, I15 Holme, the, 174 Iloltby. Henry, 82 ; Willi.am de, 1 15, 226 Hoplington, 232 Horace, EpoJ. quoted, 25 ; Sal. quolol, 107, 295 Horn of Uljihus, 217 Horn, Mirr'r of Justices quoted, 54 Horningtnn, 139 Horse Kair, the. 121 Horsley, Am'.'. A'umana quotcti, 28 Hosier Row, 300 Hospital, the, of Si. Peter or St. I.«onirared with York, 280-281 ; the first mayor of, 281 ; William Eland, recorder of, 88 Hundred, the term defined, 78, 131, 132 Huntingdon, Henry, Earl of, 109, 280 Huntington, the church of, 165 ; the lands of St. Mary's in, 242 Hurleston, Ralph, 1 1 1 I lutcliingson, James, 298 Hiitlon, Richard, Recorder, 89, MS. of his quoted, 95, vide Judges; Luke, iio; Thomas, no; Thomas, 156; Timothy, no Hutton-Wandesley, 152 Igmanthorpe, 124 Incullieck, Sybil, 255 Inesson, Richard, 62 Ingleby, the family of, 152; William, 152 Ingulphus, the value of as an historian, 49 ; quoted, 49, 78, 79 Intestates' effects, York custom concerning, 68, 300 Isurium, 20, 252 Jackson, Richard, 227 ; Thomas, 29S Jakesson, John, of Skipworth, 62 Jaques, John, 297 Jew, a, held a mortgage on the lands of Slingsby, 155 Jewbargate, 1 27 Jews of York, Aldrete, Benedict, Joses, 300 ; Joce, 244 Jews, houses of the, 73i '27, 301 ; the synagogue of the, 127 ; the burial-place of the, 127 ; massacre of, in York Castle, 300 Jewbury, 127 jewiy, 244 ; vide Joubretgate and Jubbergate John, Bishop of Glasgow, 198 John, St., of Jerusalem, the Order of, the I'rior of, 231 John, the son of Michael, 115 John of Gaunt, 155 John of Salisbury, Polycratiius quoted, 9 Johnson, Christopher, of Winchester, 89 Johnston, John, an account of, 11 ; quoted, 1 1 Jones, Hist, //arewood quoted, 256 Joubretgate, 127 Jovius, Paul, Dcsciiflio Britatmiae quoted, 9 Jubbergate, 127 Jurors, attainted, 276, 310 Justices : Anderson, Edmund, 104 ; Arundell, Roger, 269 ; Babington, William, 229 ; Bereforth, William de, 244 ; Bernyng- ham, Richard de, 244 ; Ciibbeham, John de, 270 ; Coke, Edward, 61, quoted, 68, 106, loS, 109, 202; Cressingham, Henry de, 254 ; Chichester, Joselin, archdeacon of, 257 ; Danby, Robert, 288 ; Daniel, William, 219 ; Ducket, Richard de, 270 ; Gascoyne, William, 87 ; Gawdy, Francis, 104 ; Gawdy, Thomas, 104 ; Haget, Gal- fridus, 269 ; Haward, William de, 244 ; Hengham, Ralph, loo ; Herle, William, 272 ; Hilton, Adam de, 252 ; Hobert, Henry, 104 ; Hubert, Archbishop of Canterbury, 269; Huls, Hugh, 62; Hutton, Richard, 88 ; Insula, Bryan de, 270; Insula, William ile, 270; Kirkby, John, 121 ; Kirkton, Alexander de, 219; Langton, John de, 245; Lyth- grenes, John de, 226 ; Luci, Godfrey de, 257, 269 ; Mallore, I'eter, 244 ; M.arkham, John, 62 ; Markham, John (son), 22S ; Mauley, Beler de, 66 ; Metingham, John de, 181 ; .Mulcton, Thomas de, 270 ; Murdac, Hugo, 269 ; Nevill, Robert dc, 219 ; Nevill, Galfridus, 269; North- borough, William de, 220; I'aleshull, Martin de, 122, 270; I'opham, John, 104 ; Preston, Gilbert de, 123, 270 ; Reygate, John de, 219 ; Savile, John, III ; Scrope, Henry le, 272 ; Silvester, Bishop of Carlisle, 251 ; Tanfield, Lawrence, 61 ; Thurkilby, Roger de, 123, 251, 270; Trikingham, Lambert de, 244 ; Vavasour, William, 257, 269 ; Veteri Ponte, Robert de, 270 ; Walkingham, .\lan de, 226 ; Walmsley, Thom;vs, 104 ; Warburton, Peter, 2ig ; Wautone, Simon de, 270 Kaye, Thomas, 301 Keary, English Coins quoted, 304 Kelham, Domesday Book Illustrated, quoted, 46 Kelskild, 242 Kemble, Codex Diplomalieus quoted, 306 Kenyngsdyke, 120, 121 Kent, Thomas, 231 Keyes(or Key), Sergeant-at-mace, 103 Kexby, 153 Kidcote, the, on Ouse Bridge, 72 Kighly, 260, 309 Killingwick, Ednnmd of, 98 Kinaldstowe, tlie church of, 185 King, the, early residence of, in York, 74 ; the Manor House of, 246 Kinsius, Bishop of Glasgow, 20I Kirkby, or Kirby, John, 121 Kirkby s I mjuest, 134, 151 Kirkby, Robert, sheriff, 97 Kirkham Abbey, the Prior o(, 271 Kirk Oswald, 305 Kirkstall Abbey, the Abbot of, 173 Knapton, 153 Knaresborough, 80-81, 116, 293 Knevet, Lord, the first, 260, 309 Knighton, quoted, 159 Knollys, Sir Francis, 266 Kynie, William, 156 Lancaster, John, Duke of, 155 Lancaster, the oflBce of the Duchy of, 156 Lands, various methods of bestowing, 218 Lanfranc, Archbishop of Canterbury, 198 Langbane, Dr. , 238 Langton, Nicholas, 174 ; Thomas, Bishop of St. David's, 303 Langneth, the H.aw of, 187 Langneth Wocjds, 188 Lardiner, the pedigree of the family, 258- 260, 307-310 ; David, 134, 239, 249, 251- 258, 262, 263 ; Philip, 253, 256 , Thomas, 256 ; the family of, came over with William General Index. 321 '• 253. -59. 308 ; the hereditary privileges of the family, 251 Lardinar Prison, 253, vide Davy Hall Lathom, 186 Laxi'! of Edward Ike Confessor, the, quote, .IK* Mayors Lugatr, 232 Lj-nceui, mentioned. 4 Madox, The Ex.he^uer quoted, 257 Mapuim Kegistrum AU'um, described, 50, 218, 300 ; quoted, 51, 204, 219 Malbyssc, the family of, 136; Walter, 136; William, 135 .Malevcrer, John, 153 ; vide Mauleverer Malet, Robert, mentioned in Dometday Book, 46, 153 Malmesbury, ride William Maltby, Alderman, 297 Manisolim, Agatha, 154 Manor, the King's, Tide King Mansion House, 17 .Margaret, St., a legend of, 154 M.irkcis in York, on the week d.ays, 58, 59 ; on Sundays, 59 Markham, Life of the great Lord Fairfax quoted, 304 Maria, St., Jordan de, 154 Mark Skyre, 58, 75 ; z-ide Pavement Marmora O.toniensia quoted, 28 Marshall, .\lken of: — .-Xikwith Robert, 2OO ; Broniholm,John,S2; Calvo MontcGracius de, 82 ; C'revse, Adam . (juoted, 106 Nutley, Charles, executes a .statue of George n for the city, 75 Odo, Archbishop of Canterbury, 180 ; Sheriff of Yorkshire, 181 Odo Camerarius, 239 Olave, St., the original dedication of St. Mary's Abbey was to, 239 ; the church of, 239 ; the churchyard of, 239 ; a vicar of the church of, 240 Orders, religious, in and near York — Augus- tine Friars, 246, 291 ; Benedictine monks, vide the Abbey of St. Mary, Clemen- thorpe Nunnery, and Holy Trinity Priory in ^iicklegate ; Carmelite Friars, 246, 291, 292 ; Crutched Friars, 24S ; Dominican Friars, 177, 24S ; Franciscan Friars, 246 ; Premonstratentians (Norbert, St.), 248 Orkney, Bishop of, 198 ; Earl of, 19S Ormeshead, William, 254, 255, 260, 309 Oswald, King, 159 Otley, 169, 187, 182 ; the church of, 247 Oughtred, Henry, 138; Thomas, vide Ughtred Ouse, the river, 112; fishgarths in, 276 ; a great flood in, n6; navigation of, 115 ; Roman forts on, 136 Ouse Bridge, 116, 117, 250, 298; broken down, 204 ; the chapel on, 70 ; the Court of Record on, loi ; documents preserved there quoted, 70, 1 12, 116, 250: the hospital on, 236 ; the kidcote on, 72 Ousegate, 171 ; Nether, 70; Upper, 75; vide Usegate General Index. 323 Overlon Park, 243 Ovid, Met. quuled, 3, 23, 50 Oxford, yueen'i Hall, 187; Taylor Galleries, 29 Paddockthorp, 139 Paganel, or PagncI, 247 ; vidt Paynell Page, Richard, Recorder, 88 Palace, the Archbishop's, near the Minster, 160, 186 ; at Cawixid, 206 ; at Bishop- thorpe, 177, 207 ; viile Whitehall Palgruve, Krancrs, Fart. Writi i{ut)tcd, 240 Pall, the Archiepiscuiial, lx;stuwcr,{- (Historic Towns) quoted, .\ivxv, 160 Ralph, Bishop of Orkney, 198 Ralph d'Hscures, Arch'bp. of Canterbury, ■79, 197 Ralph Niger, the value of as an historuui, 29 ; quoted, 29 Ralph, the son of William, 1 14 Ramsey, the .Mitx-y of, founded, 203 Rastall, John, Exfos. of Words quoted, Rawden, 260, 309 Rawneby, 232 Recorders of Vork, the list of the, 86-89 Redhousc, 154 Rees, Welsh Saints quoted, 23 Replevin, 90 Rhys, Celtic Britain quoted, 23 Ribston, 232 Richard HI, 85, 303 Richard Cirencester quoted, 25 Richmondshire, 69 Riot in Vork, 302 Ri|>on, 1 82, 202 Rivers and bridges of Vork, 112-119 Rivers, Thomas, llS Roliert of Gloucester, the value of as an historuui, 286 ; quoted, 286 Rotiert, St., 80, 293 Roberts, M.-irgarct, 62 ; Riclmrd, 62 Robinson, the Common Law of Kent quoted, 105 Robinson, William, 297 ; William, 298 Roger, nean of Vork, 81, 162 Roger Wendover quoted, 159 Roteby, K-ilph, 110, 301; Richanl, Rccorilcr, 88 Ronuin, John, Treasurer of Vork Minster, ibi, 162, 164 Ronvans, the occupation of York by the, »6- 37. 299 Rome, Vork compared to, 9, 7J, 79 Romondley, Richard de. Custot Eboium, h% 324 General Index. Rookby, Ralph, 1 1 1 ; vide Rokeby Roose, William tlf , 1 14 kos, Koberl, 124; Thomas, Lord, 277 Roston, Robert, 169 Rothcrham, 164 Roucliff, Guy, Recorder, 86, 156; Bryan, Baron of the Exchequer, 87 Roughford, Kulk, 153; Geoffrey, 152; vide Rufforth Roundeby, John de, 253 Ruding, Roger, quoted, 305 Kue, Aniand de, 1 15 Kufl'orth, 152, 227 ; vide Roughford Rumellye, Alice de, 247 Russel, Simon, l.ei^er Book of Bcvetky quoteil, 34 Russell, Richard, 170, 173 Rutland, Menry, Karl of, 109 ; Thomas, Earl of, 277 Rutupiae, 40 Rydale, the lands of St. Mary's in, 242 Ryther, William de, 115, 139 Salisbury, John of, l'oly.v., .Vrchbishop of Canterbury, 191 Thoresby, John i>hop, A'fgisUr of, 164 Thoresby, Diualus /j,>Jifnsis(\\ioMcti, 147 Thornton, John, 250, 256, 259, 309 ; J.ihn, Mayor o^ Hull, 280 ; Richard, .Mayor of York, 235 ; RolK-rl, 254. 255. 256, 259, 309 Thorp quoted, 69 Thorp Arch, 145-147, 153: tin- lUmch ..f. 247 ; thc|ark of, 146 Thorp (Bishopthorpe), 182 Thorp, OsUrl de, 257 ; -.■i./e Busl.ardth4ir()e Thor|>e, Oif'lomalarium .iiigluum tjuuled, 306 Thraves of corn, Ti.te Hosiiiul of St. Lcmard Thurs4kiy-market, 59 Thwaites, Elitibcth (lemf. Ed. lY), 139 ; Joh.anna (//•/«/. Hen. YI), 254, 255, 256, 260, 309 ; John (ihiit.), 254-256, 200, 309; John and Isaliella (/<•»«/. Ed. IV), 256-257 ; Thomas (/f«/- ""^"- ^ "'• *57' 260, 309 ; villi- Twayts Tighion, Stephen, 82 Tildesley, Thomas, ill Tockwith, 153, 154 Tophaui, Alderman, 298 ; Christopher, 197, Henry, 139 Torre quoted, 83, 256 Touch, defined, 275 Touthorpc, John de, 100 Tower, lhe,'of St. Mary's .-Vbliey, an ac- count of, 97 ; manuscripts preserved in. 176, 225, 24S, 269 own clerk. three Town clerk, 297 Trinity, Holy, the Priory of, 247-248 Trusbiiit, RlilK-rt, 135, 154; the sisters of, 135, 154 Truscy, Richard, 123 Turet, Biirtholomew, 151 ; Peter, 144 Turgot, Bishop of St. .-Andrew's, 196, 20J Turner, Christopher, 296 Twayts, John, 169; :•/,/<■ Thwaiies Tweng, .Marm.»duke, 114 Ughtrod, Thomas, 153 Ulnhus, the gift of, to the Church of Si. Peter, 217 Ulthwayte, 232 L'mfravile, C.ill)ert, 139 Union Terrace, 235 Upsale, CicofVrey, 118 Usebum, 153 Uscbum, lohn de, Sherift', 97 Usegate, Ivone de, 82 ; viJi Ousefate Usher, D* AHtiq. Brit., quoted, 23 Vasy, Roger, 83 Vaughan, John, 110 Yaux, John, 29S Varasour, Agnes, I40: Alice, 143: Henry 326 General Index. (lemf. Iltn. \ HI), 76; Joan, 273 ; John (temp. Ed. I), 152; John (lemf. Hen. VII), 88 ; Maiigcr, 140, 273 ; Richanl, 140; Robert, 161-162 ; Thomas (lemf. Ed. Ill), 273 ; Thomas (lemp. Eliz.), 135 ; Thomas, 135; William, 140 Venire facias, 68 Vcre, Horatio, 257 Verstegan, Restitution of Dccayid Intelligence quoted, ig, 20, 79 ; an estimate of, 20 Veteri Ponte, the family of, 18 Villanage, 71 Villiers, George, Duke of Buckingham, 136 A'irgil, referred to, 4 ; Aeneid quoted, 4 ; Eclog. quoted, 50 Voetius, Bibliothcca quoted, 294 Vortigern, 37 Wakefield, the citizens of York discharged of toll at, 60 ; viJe Bradford Waldby, John and Robert, confounded, 291 Waldby, Robert, 291 Wale, Roger, 1 26 Wales, the Prince of, Edward, son of Richard HI, 274 Waleys, the family of, 152; Stephen de, 143, 152 Walkingham, Alan, 156; John de, 263; Thom;is de, 154 Walls of Vork, the origin of the, 76 ; the reparation of the, 77, 127 W^almgate mentioned, 234; the Bar destro)'cd in the siege of 1644, 128 Walsingham, Thomas, quoted, 272 Walter, Archdeacon, 162 Walter, Bishop of Coventry, 185 Walter, Bishop of Worcester, 233, 234 Walton, 147- 15 1 Wandsford, William, Recorder, 86 Wandsley, the family of, 152 Wanton, Mildom, 270 ; Roger de, 270 Wapentake defined, 131-132 Ward, Cat. a/ /i!i>manh;iin, Kent. 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