Durham Cathedral Archive: Registrum Parvum IV
Introduction
Contents
Arrangement
Related material - here

Catalogue

Reference code: GB-0033-DCD-Reg.Parv.4
Title: Durham Cathedral Archive: Registrum Parvum IV
Dates of creation: 1329 - 1536, most 1484 -1519
Extent: 223 leaves, foliated (modern) i-viii (near contemporary) 1-69, 69*, 70-152, 154-215
Held by: Durham University Library, Archives and Special Collections
Origination: Durham Cathedral Priory
Language: Latin and some English (entries are Latin unless otherwise indicated)

Contents

A current register of priory business transacted by the prior entered in roughly chronological order. After the register opens with the new prior John Aukland in 1484, the amount of business recorded for the early years is very thin, except for 1486 and 1487, until a new section starts in 1490 with Robert Strother as prior's chaplain. Thence around 20 to 30 documents are recorded each year, until business begins to fall away in 1512, reviving with a surge in 1515, and then dropping away again until 1519. A new register may well then have been started under the new prior, Hugh Whithead, of which Medieval Fragments 41 may be the remnant; there are a very few later entries in this volume for 1523 and 1536. The heading of the new section in 1506 also seems to mark a possible new (fifth) volume but the foliation runs on from the previous section. Around 14 non-contemporary documents dating back to 1329 are also entered in this volume, which practice scarcely occurred at all in the earlier volumes. (A 1482 grant of a corrody entered here at f.35v is noted as having been omitted from the previous register.)
Many of the documents, especially the letters, have year dates omitted, but the chronological sequence seems fairly consistent and year dates can be assigned with some confidence from a document's place in the sequence. Of those documents that are dated, some of those year dates seem possibly to be incorrect as the documents seem thereby to be out of sequence. However, the documents have been dated as recorded in the calendar below.
Headings are recorded for the start of the priorates of John Aukland in 1484 and Thomas Castell in 1494. Otherwise, the prior's chaplain Robert Strother is recorded in the heading for the new section in 1494 and it may well be that, as in the earlier volumes, this office had the responsibility for maintaining this register.
The contents of the register comprise copies of mainly documents issued by the prior, along with some received by the priory. Only a few are recorded as sealed. Letters of the prior (usually in English, business is otherwise still in Latin) feature, though they do not predominate as much as before. (The prior has some correspondence wth Lady Margaret Beaufort in 1494-1495, and others, about his patronage and good lordship.) Recurrent are memoranda of various documents, especially quittances issued for moneys received and appointments of monks to the cells of Durham. Also present are mandates, licences, certifications, citations, grants, commissions, collations, proxies, inhibitions, letters testimonial, letters of confraternity, grants of corrodies and especially places in the infirmary and Le Maison Dieu, and bonds for admissions to Durham College Oxford. A run of sanctuary petitions occurs in this volume from 1491, and other types of documents more usually to be found in the main series of registers also appear such as a number of notarial instruments, particularly over Brantingham tithes 1498-1500, and some accounts and assessments. Finally, the register in addition records a commentary on Magna Carta, reports of the 1501 convocation, Nevill and de la Pole inquisitions post mortem re the bishop of Durham's rights to the custody of minors' property, a poem on the death of Henry VII and a quantity of material about customs collectors in the port of Newcastle-upon-Tyne in 1509.
Documents issued by the prior are now done so almost exclusively at Durham. The practice of copying documents which are also registered (or vice versa) in the main series of Durham registers - Registers IV and V - happens only occasionally.

Accession details

Part of the medieval archive of Durham Cathedral Priory placed in the care of Durham University by Durham Dean and Chapter in 1948.

Custodial History

This volume has sometimes been known as Reg. Parv. III, and has also been referred to on occasion as Reg. Parv. II.

Conditions of access

Open for consultation.

Copyright and copying

Permission to make any published use of material from the collection must be sought in advance from Durham Cathedral Library (library@durhamcathedral.co.uk). The Library will assist where possible with identifying copyright owners, but responsibility for ensuring copyright clearance rests with the user of the material.

Arrangement

f.ir-viiiv Headings and contents.
f.1r-17v Register of the time of Prior John Aukland, elected 16 July 1484.
f.18r-29v Register of the time of Robert Strother, [prior's] chaplain, 1490.
f.30r-150v Register of the time of Prior Thomas Castell, elected 6 May 1494.
f.151r-215v Fifth small register of the time of Prior Thomas Castell, from Pentecost 1506.

Processing

Selected entries were listed by Martin Snape in a typescript list in 1961. The whole register was calendared by Virginia Murphy as part of a Follett-funded project 1995-1999. The resultant Wordperfect file was edited by Alan Piper, and then converted to Word and input to XMetal by Michael Stansfield in 2006.

Copies

Digitised and available online.
Microfilm negative masters are held by Durham University Library, Archives and Special Collections as PGFilm 116 and 117.

Related material - here

DCD Medieval Fragments 41 are 2 folios which may be all that survive of a possible Registrum Parvum V.

Catalogue

f.ir-viiiv
f.ir
Headed: Small register of John Awkland and Thomas Castell, priors
f.iv
Table of contents, listing (alphabetically under A) quittances, admissions, abjurations
f.iir
Headed: [?Register] of Aukland and others from 1484 to 1535
f.iiv
[blank]
f. iiir-viiiv
Table of contents classified (alphabetically) into:
f.iiir-ivv Corrodies, citations, commissions, collations to chantries, conditions, bonds, appointments of hermits, keeperships of parks and the like, articles of account of tithe collectors, and grants [“void” written on f.ivr next to two corrodies]
f.vr Institutions, inhibitions, instruments and inductions
f.vv-viir [Letters] [f.161r-84v are listed twice; ? “look for the office of steward of Lytham, f.35[rv]” appears in the upper margin on f.vir]
f.viir-viiir Petitions for licence, sanctuary petitions, proxies and appointments
f.1r-17v
Heading: “The register from the time of Mr John Awkland, elected as prior of Durham on 16 July 1484, begins”

f.1r
In inner margin; [the letter] m
f.1r   c.1519
Headings (inserted in upper margin, almost entirely in the hand of Thomas Swalwell, c. 1519): “Register from the time of Mr John Awkland and Mr Thomas Castel, priors of Durham; Fourth small register ”
f.1r   4 October 1484
Grant by John, prior of Durham to William Fawcart and Alice, his wife, with the consent of his fellow monks, of the corrody in the infirmary outside the abbey gate, Durham, lately held by a certain Thomas Porter when alive, for the term of their lives or that of the survivor of them; They are to receive what any brother or sister thereof, staying within or outside, receives, provided they keep all the statutes (etc.). If they should commit fornication or adultery, or marry again without licence from the prior or his successors, he wills they be deprived of all the aforementioned in perpetuity.
Date: Durham, 4 October 1484.
f.1r-v   12 September 1486
Mandate [by John, prior of Durham] (in margin: to the warden of (Durham) College Oxford) stating that, since he has resolved that William Smyrk, son of Richard Smyrk of Durham, Durham diocese, literatus, be admitted as scholar of [Durham] College Oxford, he commands him to examine him when he comes in person to him and the said college, and, if he is found suitable, to admit him as a scholar thereof, after he has first taken a bodily oath.
Date: Durham, 12 September 1486.
f.1v   1 November 1487
Collation by John, prior of Durham to Nicholas Stanhop', [?]chaplain, of the chantry in the chapel of Harraton, Durham diocese, provided that he resides there, serves the chantry praiseworthily, on the condition that he does not leave it unserved for three uninterrupted months and bears all incumbent charges; if he is found negligent or does not conduct himself properly or leads a dissolute life, the prior will proceed to his removal from the chantry.
Date: Durham, 1 November 1487.
f.2r   31 March 1486
Commission by John, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in [North]Allerton and Allertonshire, to his fellow monk, Thomas Pikeryng, and Mr Bertram Herbotell', LL.B., appointing them keepers of the said spirituality and committing his authority: to take cognisance of and proceed in certain matrimonial and testamentary causes and suits, as well as others, moved or to be moved before them, at the instance of the parties or ex officio mero aut promoto, and to determine and conclude them; to act in probate matters, detailed; to correct and punish transgressions and offences to places, persons or property there, especially those found in his next visitation, and to make inquiry into similar ones; and to do and carry out everything which is known to pertain to him and his spirituality by custom or right; with the presents to last at the prior's pleasure only.
Date: Durham, 31 March 1486.
f.2v   February 1486
Grant by John, prior of Durham to William Yong' the younger of the corrody in the Maison de dieu, lately held by Isabel Watson, widow, for the term of his life; he is to receive what any brother or sister, staying outside the hospital, receives, provided he keeps all the statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery or resort to another marriage after the present one, the prior wills he be deprived of all the aforementioned in perpetuity.
Date: Durham, (blank) February 1485/6.
f.2v   9 September 1484
Mandate [by John, prior of Durham] to his “beloved son” stating that, since he resolved that he should be sent from the monastery of Durham to the cell of Jarrow, he commands him to go and remain there. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 9 September 1484.
f.3r-v   3 August [?1486]
Language:   English
Letter [by John, prior of Durham] (in margin: to the bishop of Durham) informing him that he received his letters on 29 July, from which he understands his intentions regarding the support and honour of the church of Durham; and thanking him for his tender words towards the prior [and monastery] in his letters, wherein he shows that he will be a good lord to them when he comes to Durham. Whereas he wrote trusting that they will not grudge that he is not speedier in coming home, considering the great expenses brought about by his promotion as well as many other causes, he shall understand that they will always be willing to fulfil his desires and commands in this and other matters. They thank him for saying in his letters to them that if there was anything they thought necessary to the monastery which could be obtained in Rome, if they would plainly write to him about this, he would be a good lord to them and would help them. They will pray, as he exhorts them, for his prosperous homecoming.
Date: Durham, 3 August.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.ccclxix-ccclxx.
f.3v-4r   31 May 1486
Grant by John, prior of Durham to William Sclater and Elizabeth, his wife, or the survivor of them, with the consent and will of his fellow monks, of the corrody in the hospital of St Mary Magdalene near the hospital of Kepier, lately held by William Wheldale and Margaret, his wife, for the term of their lives and that of the survivor of them; they are to receive what any brother or sister thereof, staying outside, receives, provided they keep its statutes (etc.). If they do not carry out the statutes (etc.), commit fornication or adultery, or marry again without licence from the prior or his successors, he wills that he or she thus transgressing be deprived of all the aforementioned in perpetuity.
Date: Durham, 31 May 1486.
f.4r   19 November 1485
Collation by John, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire, to Thomas Crispyn', chaplain, of the chantry of St Mary the virgin in the parish and collegiate church of Howden, York diocese, vacant by the death of Richard Paton, last chaplain or keeper thereof.
Date: Durham, 19 November 1485.
f.4v   20 December 1485
Quittance by John, prior of Durham to Mr Ellis Bell, prebendary of the prebend of Skipwith in the collegiate church of Howden, for 13s 4d for the terms of Pentecost and Martinmas last past by reason of a certain yearly pension owed to the prior and monastery of Durham from the prebendary of the said prebend and customarily paid at the said terms.
Date: Durham, 20 December 1485.
f.4v   [20 December 1485]
[Memorandum] that on the same day and year a quittance was issued for the abbot of Newminster for the pension of the church of Stannington, as is evident on the eleventh folio of this register.
(The first appearance of a quittance for the abbot of Newminster is on f.20v.)
f.4v-5r   [?1486]
Language:   English
Letter [by John, prior of Durham] (in margin: to the [earl] of Northumberland) informing him that he has received his letters, first by his lady and lately by Robert Ogle, wherein he desires his fellow monk, William Ogle, to remain in the cell of Farne Island. The prior beseeches him to be his good lord in this matter and to understand that from the founding of the monastery of Durham to the present, the priors thereof have without interruption had the free rule of their fellow monks, both inward and outward, officers (it's not clear whether it's the monks or officers who are inward and outward) and others, from which has grown good governance, as his lordship has previously reported to the prior. If this good rule were broken and his fellow monks in office should continue therein by means of lords spiritual or temporal, they would set little by the prior or the good rule and observance of religion, from which many inconveniences would arise. ? It shuld be a premiss also until mu lord of duresme to desire the same as they [presumably the bishop's predecessors?] have done before, although they had no grant thereof, out of consideration of similar inconveniences. The prior beseeches him to remember this for if anyone else troubled the prior in this regard, he trusts he would defend the prior against them and would not for William Ogle or any other withdraw his tender lordship from him. The prior asks him to give credence to the bearer hereof.
f.5r-v   24 June 1486
Collation by John, prior of Durham to John Symson, chaplain, of the chantry in the chapel of Herrington, Durham diocese, provided that he resides there and serves the chantry praiseworthily, on the condition that he does not leave it unserved for three uninterrupted months and bears all incumbent charges; if he is found negligent or does not conduct himself properly or leads a dissolute life, the prior will proceed to his removal from the chantry.
Date: Durham, 24 June 1486.
f.5v-6r   16 July 1486
Collation by John, prior of Durham to Thomas Pasley, chaplain, of the chantry of St Mary the virgin in the collegiate church of Darlington, willing him to receive for his support 4 marks annually from the bursar of Durham; if, in increase of this support, the bishop of Durham confers on him another chantry within his manor of Darlington, the prior dispenses him to receive it. In the event he obtains the other said chantry, the prior enjoins him to be present and minister in divine offices in the same church.
Date: 16 July 1486.
f.6r-v   23 July [?1486]
Language:   English
Letter [by John, prior of Durham] (in margin: to the bishop of Durham) informing him that the prior and his fellow monks beseech God to preserve him and soon bring him to his diocese, as, considering his virtuous guiding and noble reputation, it would be a great comfort to have him amongst them, and thanking him for his gentle letters with the presents and great relic which he sent to the prior. The prior has written two letters to him, one delivered to Mr Mawdesley and the other to Thomas Fenton, his bailiff of Durham, which should have been delivered and sent with the pope's sergeant of arms, James de Argino, but from information from certain persons he doubts whether they have come to him. He therefore beseeches him not to be displeased if they have not, for the prior trusted they would and, if they did not, he was deceived. The letters the bishop sent to Mr Shirwod lately and to John Raket of his speedy coming to England have greatly comforted the prior and monks.
Date: Durham, 23 (altered from 22) July.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.ccclxx-ccclxxi.
f.6v   9 August 1486
Grant by John, prior of Durham to (inserted in space left blank) Alice Colynwood with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, lately held by Margaret Jakson when alive, for the term of her life; she is to receive what any brother or sister thereof, staying outside, receives, provided she keeps its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or marry again without licence from the prior or his successors, he wills that she be deprived in perpetuity of all the aforementioned.
Date: Durham, 9 August 1486.
f.7r   10 July 1486
Grant by John, prior of Durham to John Whitfeeld with the consent and will of his fellow monks, of a corrody in the Maison de dieu, which John Preston held when alive, for the term of his life; he is to receive what any brother or sister thereof, staying outside, receives, provided that he keeps its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or resort to marriage without licence from the prior or his successors, the prior wills that he be deprived in perpetuity of all the aforementioned.
Date: Durham, 10 July 1486.
f.7r-v   4 June 1486
Grant by John, prior of Durham to Agnes (written over an erasure) Wawdow, widow, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, lately held by William Wheldale and Margaret, his wife, for the term of Agnes's life; she is to receive what any brother or sister thereof, staying within or outside the infirmary, receives, provided that she keeps its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or marry without licence from the prior or his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 4 June 1486.
f.7v-8r   18 May 1486
Certification by John, prior of Durham to William, abbot of St Mary's, York, deputed visitor of the abbots, priors, monasteries and other places of the Benedictine order within York province by authority of the provincial chapter of the same order, last held at Northampton, or to his commissaries, one or many, having received on 7 May last past the following citation, informing him that he has obeyed his letters and mandate, and on their authority has forewarned and cited all his fellow monks who should be present by right or custom to appear on the day and place appointed. He has caused their names to be written in a schedule appended hereto, and has executed all else incumbent upon his office in this regard.
Date: 18 May 1486.
For another copy, see DCD Reg. IV, f.230v-231r.
   5 May 1486
Citation and mandate by William, abbot of St Mary's, York, specially deputed by the presidents of the provincial chapter of black monks, last held at Northampton, to visit all and sundry abbots, monasteries, priors and convents within York province, to the prior and convent of Durham. Since he intends to visit them in their chapter house on 1 June next, he cites the prior, and orders him to cite all his fellow monks who should be present by right or custom, to appear in person on the said day and place before him or his commissaries. By letters patent reciting the contents hereof and, in a [schedule] appended thereto, the names of those cited by him, he is to certify to him on the said day and place as to what he has done in the aforementioned.
Date: St Mary's, York, 5 May 1486.
f.8r-v   27 June 1486
Citation by John, prior of Durham, specially deputed by the presidents of the provincial chapter of the black monks, last held at Northampton, to visit the prior and convent of the cathedral church of St Swithin, Winchester, to the prior and convent of St Swithin stating that, since he intends to visit them in their chapter house on 27 June next, he cites the prior, and commands him to cite all his fellow monks who should be present by right or custom, to appear in person before him or his commissaries, one or many, on the said day and place. By letters patent reciting the contents hereof, and, in a schedule attached thereto, the names of those cited by him, he is to certify him or his commissaries on the said day and place as to what he has done in the aforementioned.
Date: Durham, 27 June 1486.
For another copy, see DCD Reg. IV, f.231r-v, which has the same problem of dating, with the visitation being on 27 June, the date of this citation.
f.8v-9r   27 May 1486
Commission by John, prior of Durham, deputed in the provincial chapter of the black monks, last held at Northampton, to visit the prior and convent of St Swithin, Winchester, to his fellow monks, Thomas Rowland, B.Th., and Robert Bailley, to visit the aforesaid prior and convent on the days and places appointed in his letters of citation; to inquire into transgressions and offences, both in spiritualities and temporalities, and others concerning the business of visitation, to correct and punish them; and to do all else enjoined on him or otherwise fit by right or custom, as if he was personally present there; since he is prevented by various, difficult matters of the monastery from attending in person.
Date: Durham, 27 May 1486.
For another copy, see DCD Reg. IV, f.231v.
f.9r-v   21 August 1486
Grant by John, prior of Durham to Isabel Rungthwate, widow, with the consent and will of his fellow monks, of a corrody in the Maison de dieu, lately held by Richard Baynes when alive, for the term of her life; she is to receive what any brother or sister thereof, staying outside, receives, provided that she keeps its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or marry someone without licence from the prior or his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 21 August 1486.
f.9v   1 September 1486
Mandate [by John, prior of Durham] [in margin: to William Cawthorn'] stating that, since he has resolved he should be sent from the monastery of Durham to the cell of Jarrow, he commands him to go and remain there. He is to show the presents to the master there so that he admits him benevolently.
Date: Durham, 1 September 1486.
f.9v-10r   1 September 1486
Mandate [by John, prior of Durham] (in margin: to William Haukwell') stating that, since he has resolved he should be sent from the monastery of Durham to the cell of Farne Island, he commands him to go and remain there. He is to show the presents to the master there so that he admits him benevolently.
Date: Durham, 1 September 1486.
f.10r   21 October 1486
Licence and appointment by John, prior of Durham to his fellow monks, Robert Bailyay and Robert Baytys, granting licence to hear each other's confessions and those of their fellow monks and other religious in [Durham] College Oxford and to absolve them, with the absolving of grave faults reserved to the prior or his deputy; and appointing them receivers and bursars of the college, and committing to them the disposition of its goods with the consent of the warden, with account rendered to the prior of receipts and expenses with the warden. They are to labour personally at common expense in the affairs of the college, when necessary, according to the deliberation of the warden and fellows.
Date: Durham, 21 October 1486.
f.10v   6 November 1486
Grant by John, prior of Durham to Alice Wightman, widow, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, lately held by Margaret Whitfeeld, for the term of Alice's life; she is to receive what any brother or sister thereof, staying within or outside the infirmary, receives, provided she keeps its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or marry again, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 6 November 1486.
f.10v-11r   9 November 1486
Grant by John, prior of Durham to Thomas Cootes and Agnes, his wife, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, lately held by Alexander Sokburn', for the term of their lives or that of the survivor of them; they are to receive what any brother or sister thereof, staying outside, receives, provided they keep its statutes (etc.). If they should not carry out the statutes (etc.), commit fornication or adultery, or resort to marriage after the present one, he wills that they be deprived of all the aforementioned in perpetuity.
Date: Durham, 9 November 1486.
f.11r   1 December 1486
Mandate [by John, prior of Durham] (in margin: to William Roy) stating that, since he resolved he should be removed from his present place to the cell of Finchale, he commands him to go and remain there. He is to show the presents to the prior there so that he admits him benevolently, and to the prior of Holy Island so that he provides him with transport and expenses.
Date: Durham, 1 December 1486.
f.11r-v   1 December 1486
Mandate [by John, prior of Durham] (in margin: to John Roose) stating that, since he considered that he should be removed from his present place to the cell of Holy Island, he commands him to go and remain there. He is to show the presents to the prior there so that he admits him benevolently, and to the prior of Finchale so that he provides him with transport and expenses.
Date: Durham, 1 December 1486.
f.11v   6 December 1486
Grant by John, prior of Durham to (inserted in space left blank) Isabel Lawson', widow, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, lately held by Agnes Burnyngayll, for the term of Isabel's life; she is to receive what any brother or sister thereof receives, provided they keep its statutes (etc.). If she should not carry out the statutes (etc.) or commit fornication or adultery or marry again, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 6 December 1486.
f.11v-12r   1 December 1486
Mandate [by John, prior of Durham] (in margin: to John Bay) stating that, since he resolved he should be sent from the monastery of Durham to the cell of Finchale, he commands him to go and remain there. He is to show the presents to the prior there so that he admits him benevolently.
Date: Durham, 1 December 1486.
f.12r   9 December 1486
Grant by John, prior of Durham to Robert Wayke with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, lately held by Agnes Lowson, for the term of his life; he is to receive what any brother or sister thereof, staying outside, receives, provided they keep its statutes (etc.). If he should not carry out the statutes (etc.) or commit fornication or adultery or resort to marriage, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 9 December 1486.
f.12r-13r   1 February [?1487]
Language:   English
Letter [by John, prior of Durham] (in margin: to John, bishop of Durham) informing him that on 18 January he received his letters, written on 24 August, in which he recalled the kindnesss and welcome shown to “my lord Imolen'”, the papal legate, and also his grant of licence concerning the resignation of a prebend in the church of Norton to the behoof of William Wake, the prior's good friend, with his letters of licence thereof which have been written twice, the first of which but not the second have as yet reached the prior, for which he thanks him. As for the confirmation, about which he wrote to the prior, of the keeping of his place of Crayke [N.R. Yorks], with its forestership, to his nephew, Thomas Fenton', they are confirmed and Thomas has the confirmation. Whereas the bishop has shown him his intention to come to England as speedily as he conveniently can, it is a great comfort to all the diocese to have him amongst them. They marvel greatly that the bishop should be informed that his duties are withheld from him and not paid as they were in his predecessors' time. People think his factors are not doing their duty, for the truth is that there were no bishops of Durham in the past forty years who had their duties and rents so well paid, however he is informed to the contrary. He beseeches God to send the bishop to them soon.
Date: Durham, 1 February.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.ccclxxi-ccclxxii.
f.13r   [?1487]
Grant by John, prior of Durham to Richard Chapman of Durham, with the consent and will of his fellow monks, of a corrody in the Maison de dieu, lately held by John Benson', for the term of Richard's life; he is to receive what any brother or sister thereof receives, provided that he keeps its statutes (etc.). If he should not carry out the statutes (etc.) or commit fornication or adultery or marry, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham.
f.13r   1 July 1487
Mandate [by John, prior of Durham] (in margin: to Thomas Brown') stating that, since he has resolved that he should be removed from his present place to the cell of Finchale, he commands him to go and remain there. He is to show the presents to the prior of Lytham so that he provides him with transport and expenses, and to the prior of Finchale so that he receives him benevolently.
Date: Durham, 1 July 1487.
f.13r-v   1 August 1487
Mandate [by John, prior of Durham] (in margin: to William Ogle) stating that, since he resolved that he should be sent from the monastery of Durham to the cell of Lytham, he commands him to go and remain there. He is to show the presents to the prior of Lytham so that he admits him benevolently.
Date: Durham, 1 August 1487.
f.13v   1 August 1487
Mandate [by John, prior of Durham] (in margin: to Hugh Lethum) stating that, since he resolved that he should be removed from his present place to the cell of Stamford, St Leonard's, he commands him to go and remain there. He is to show the presents to the prior of Finchale so that he provides him with transport and expenses, and to the prior of Stamford so that he admits him benevolently.
Date: Durham, 1 August 1487.
f.13v   30 September 1487
Mandate [by John, prior of Durham] (in margin: to John Ridell') stating that, since he resolved that he should be brought back from his present place to the monastery of Durham, he commands him to go and remain there. He is to show the presents to the prior of Finchale so that he provides him with transport and expenses.
Date: Durham, 30 September 1487.
f.13v   30 September 1487
Mandate [by John, prior of Durham] (in margin: to Edmund Moore) stating that, since he has resolved that he should be sent from the monastery of Durham to the cell of Finchale, he commands him to go and remain there. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 30 September 1487.
f.14r   4 October 1487
Collation by John, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire, to Robert Ludwyn', chaplain, of the chantry at the altar of St Thomas the martyr in the collegiate church of Howden, York diocese, vacant by the resignation of Richard Paton, last chaplain thereof.
Date: Durham, 4 October 1487.
f.14r-v   31 July 1487
Appointment by John, prior of Durham of his fellow monk, Thomas Castyll, as prior or warden of [Durham] College Oxford, since for certain reasonable and legitimate causes he resolved that his fellow monk, Thomas Rolland, prior or warden thereof, should be discharged from its care and administration towards and on 28 September next, provided that William receives the rule and keeping thereof when 28 September has passed, with authority to govern the college and all and sundry pertaining to it, both within and without, to regulate his fellow monks and other secular scholars, and to correct the latter and, if required, to expel them at his discretion and in accordance with the statutes thereof, with the advice of his fellow monks studying there; and commanding the monks and scholars, present and future, to obey him as prior or warden in all the aforementioned pertaining to them.
Date: Durham, 31 July 1487.
f.14v   30 November 1487
Mandate [by John, prior of Durham] (in margin: to William Turnour') stating that, since he resolved that he should be brought back from his present place to the monastery of Durham, he commands him to go and remain there. He is to show the presents to the prior of Finchale so that he provides him with transport and expenses.
Date: Durham, 30 November 1487.
f.14v   30 November 1487
Mandate [by John, prior of Durham] (in margin: to William Haukwell) stating that, since he resolved that he should be removed from his present place to the cell of Finchale, he commands him to go and remain there. He is to show the presents to the master of Farne so that he provides him with transport and expenses, and to the prior of Finchale so that he receives him benevolently.
Date: Durham, 30 November 1487.
f.14v-15r   1 December 1487
Mandate [by John, prior of Durham] (in margin: to John Roose) stating that, since he resolved that he should be removed from his present place to the cell of Farne Island, he commands him to go and remain there. He is to show the presents to the prior of Holy Island so that he provides him with transport and expenses, and to the master of Farne so that he receives him benevolently.
Date: Durham, 1 December 1487.
f.15r   1 December 1487
Mandate [by John, prior of Durham] (in margin: to John Porter) stating that, since he resolved that he should be removed from his present place to the cell of Holy Island, he commands him to go and remain there. He is to show the presents to the master of Wearmouth so that he provides him with [transport] and expenses, and to the prior of Holy Island so that he receives him benevolently.
Date: Durham, 1 December 1487.
f.15r   10 November 1487
Appointment by John, prior of Durham of his fellow monk, William Brown, as prior of the cell of Holy Island, committing its care and administration to him until he has a further mandate from the prior; and commanding all and sundry whom this concerns to be answerable to him as prior in all and sundry pertaining to the cell. He is to render annually a faithful account of all receipts and expenses.
Date: Durham, 10 [in inner margin: November] 1487.
For another copy, see DCD Reg. V, f.5r.
f.15v   1 December 1487
Mandate [by John, prior of Durham] (in margin: to Robert Rieton) stating that, since he resolved that he should be sent from the monastery of Durham to the cell of Lytham, he commands him to go and remain there. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 1 December 1487.
f.15v   1 December 1487
Mandate [by John, prior of Durham] (in margin: to John Riddell') stating that, since he resolved that he should be sent from the monastery of Durham to the cell of Wearmouth, he commands him to go and remain there. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 1 December 1487.
f.15v-16r   [?1487 x 1488]
Grant by John, prior of Durham to Margaret Armorer, widow, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which William Fawcart and Alice, his wife, lately held when alive, for the term of Margaret's life. She is to receive what any brother or sister thereof, staying within or outside, receives, provided that she keeps its statutes (etc.). If she should not carry out the statutes (etc.) or commit fornication or adultery or resort to marriage, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham.
f.16r   [?1487 x 1488]
Grant by John, prior of Durham to John Ingo (?Jugo) and Joanna, his wife, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which [inserted in space left blank] John Brown' lately held when alive, for the term of their lives and that of the survivor of them. They are to receive what any brother or sister thereof, staying within or outside, receives, provided they keep its statutes (etc.). If they should not carry out the statutes (etc.), commit fornication or adultery, or marry again without licence from the prior or his successors, he wills that they be deprived of all the aforementioned in perpetuity.
Date: Durham.
f.16r-v   [?1487 x 1488]
Grant by John, prior of Durham to John Whitfeld with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, lately held by Agnes Stobbs, widow, for the term of his life. He is to receive what any brother or sister thereof receives, provided he keeps its statutes (etc.). If he should not carry out the statutes (etc.) or commit fornication or adultery or contract a marriage after the present one, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham.
f.16v   25 June 1488
Collation by John, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire, to John Tomson, chaplain, of the chantry at the altar of St Thomas the martyr in the collegiate church of Howden, York diocese, vacant by the death of Robert Ludwyn, last chaplain thereof.
Date: Durham, 25 June 1488.
f.16v-17r   [?1488 x 1489]
Grant by John, prior of Durham to Richard Sclayter with the consent and will of his fellow monks, of the corrody in the hospital of St Mary Magdalene near Kepier, lately held by Agnes Steyle, for the term of his life. He is to receive what any brother or sister thereof receives, provided he keeps its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or resort to marriage without licence from the prior or his successors, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham.
f.17r   4 January 1490
Grant by John, prior of Durham to Joanna Porter, widow, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, lately held by John Clerk, for the term of her life. She is to receive what any brother or sister thereof receives, provided she keeps its statutes (etc.). If she should not carry out the statutes (etc.) or commit fornication or adultery or marry again, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 4 January 1489/90.
f.17r-v   1 April 1490
Mandate [by John, prior of Durham] (in margin: to Thomas Dukett) stating that, since he resolved that he should be sent from the monastery of Durham to the cell of Finchale, he commands him to go and remain there. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 1 April 1490.
f.17v   1 April 1490
Mandate [by John, prior of Durham] (in margin: to Thomas Holburn') stating that, since he resolved that he should be brought back from his present place to the monastery of Durham, he commands him to go and remain there. He is to show the presents to the prior of Finchale so that he provides him with transport and expenses.
Date: Durham, 1 April 1490.
f.17v   [?1490]
Quittance by John, prior of Durham to the master and scholars of Balliol Hall [Oxford] for a yearly pension of 10s for the terms of John the Baptist [24 June] and Christmas, owed to the prior and monastery of Durham by reason of the appropriation of the church of Longbenton and assigned by the authority of the ordinary.
Date: Durham.
f.17v   12 December [?1490]
Language:   English
Letter (in subscription: by John, prior of Durham) (in superscription: to Randall Pigott, knight) thanking him for his gentleness at all times and especially that he would at the prior's request keep and stop in his hands his pension of [Kirby] Sigston; and informing him that the person has sent to him his servant, telling him that Randall would not make paymemt to him ( “content hys dewte”) until he has a writing from the prior. The prior therefore desires him to deliver to the bringer hereof 73s 4d, which stands indebted to him for the same sum, with the remainder to be delivered to the person or his servant at Randall's pleasure.
Date: Durham, 12 December.
f.17v   4 February 1491
Quittance by John, prior of Durham to Mr Ellis Bell', prebendary of the prebend of Skipwith in the collegiate church of Howden, for 13s 4d for the terms of Pentecost and Martinmas last past, by reason of a certain yearly pension owed to the prior and monastery of Durham from the prebendary of the said prebend and customarily paid at the said terms.
Date: Durham, 4 February [14]90/1.
f.18r-29v
Headed: “Register of the Mr John Aukland, prior of Durham, from the time of Robert Strother, chaplain, 1490”

f.18r   [?1491]
Appointment by John, prior and the chapter of Durham of their fellow monk, Richard Tamfeld', as keeper and prior of the priorate or cell of Lytham in Amounderness by the free etc.
In the margin next to the following document but presumably referring to the previous one: “this was issued under the common seal; therefore it is not here”.
This appears in full in DCD Reg. V, f.12v.
f.18r   16 May 1491
Memorandum that the appointment of William Yowdall' as master of Farne from the priorate of Holy Island was issued in the common form previously written.
Date: 16 May 1491.
f.18r   16 May 1491
Memorandum that at the same time two appointments were issued in the common form, one to the priorate of Stamford for John Manby and the other to the priorate of Lytham for Richard Tamfeld'.
Date: 16 May 1491.
f.18r   16 May 1491
Grant by John, prior of Durham to William Hawson and Joanna, hs wife, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which formerly Matilda Elwike held when alive, for the term of their lives and of the survivor of them. They are to receive what any brother or sister thereof, staying outside, receives, provided they keep its statutes (etc.). If they should not carry out the statutes (etc.) or commit fornication or adultery or resort to marriage after the present one, he wills they be deprived of all the aforementioned in perpetuity.
Date: 16 May 1491.
f.18r   1491
[Memorandum] that the appointment of John Danby as prior of the priorate of Holy Island was issued in the form used from of old.
Date: [no place, day or month] 1491.
f.18v    1491
Memorandum that a corrody (in margin: in the Maison de dieu), granted to Alice Hostiller' and lately held by Agnes Hobbes, was issued in the form stated to a certain John Whitfeld, previously written on the twelfth folio [f.7r].
Date: [no place, day or month] [14]91.
f.18v   24 May 1491
Grant by John, prior of Durham to Alice Sharparow, widow, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, lately held by Isabel Noble when alive, for the term of Agnes' life. She is to receive what any brother or sister thereof receives, provided she keeps all its statutes (etc.). If she should not carry out the statutes (etc.) or commit fornication or adultery or marry again, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 24 May 1491.
f.18v   25 May 1491
Grant by John, prior of Durham to Robert Cachersyde with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, lately held by Helen Forest when alive, for the term of his life. He is to receive what any brother or sister thereof receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.) or commit fornication or adultery or marry again, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, <15> 25 May 1491.
f.19r   25 May 1491
Mandate [by John, prior of Durham] (in margin: to John Blenkharne) stating that, since he resolved that he should be sent from the monastery of Durham to the cell of Finchale, he commands him to go and remain there. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 25 May [14]91.
f.19r   20 May 1491
Mandate [by John, prior of Durham] (in margin: to Robert Roke) stating that, since he resolved that he should be removed from his present place to the cell of Jarrow, he commands him to go and remain there. He is to show the presents to the master of Wearmouth so that he provides him with transport and expenses, and to the master of Jarrow so that he receives him benevolently.
Date: Durham, 20 <?April> May 1491.
f.19r   25 May 1491
Mandate [by John, prior of Durham] (in margin: to Thomas Brown') stating that, since he resolved that he should be removed from his present place to the cell of Wearmouth, he commands him to go and remain there until he has a further mandate. He is to show the presents to the prior there so that he provides him with transport and expenses, and to the master of Wearmouth so that he receives him benevolently.
Date: Durham, 25 May 1491.
f.19r-v   1491
Appointment by John, prior, and the chapter of Durham of their fellow monk, William Cuthbert, as master of the cell of Wearmouth, committing to him its care and administration until he has a further mandate from the prior; and commanding all whom this concerns to be answerable to him as master thereof in all and sundry pertaining to the cell. He is to render annually to the prior a faithful account of all receipts and expenses.
Date: Durham, “etc.” 1491.
f.19v   1 June 1491
Mandate [by John, prior of Durham] (in margin: to William Godson) stating that, since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there. He is to show the presents to the prior of Lytham so that he provides him with transport and expenses.
Date: Durham, 1 June [14]91.
f.19v   1 June 1491
Mandate [by John, prior of Durham] (in margin: to Thomas Lawson) stating that, since he resolved that he should be sent from the monastery of Durham to the cell of Wearmouth, he commands him to go and remain there. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 1 June [14]91.
f.19v   1 June 1491
Mandate [by John, prior of Durham] (in margin: to Thomas Brown) stating that, since he resolved that he should be removed from his present place to the cell of Lytham, he commands him to go and remain there. He is to show the presents to the master of Wearmouth so that he provides him with transport and expenses, and to the prior of Lytham so that he receives him benevolently.
Date: Durham, 1 June 1491.
f.19v   1 August 1491
Appointment by John, prior of Durham, of John Grene as subprior of Finchale, with authority to hear the confessions of his fellow monks at Finchale, dwelling there, and of those sent there to walk about, and to absolve them, with the exception of those cases whose absolution is specially reserved to the prior.
Date: Durham, 1 August 1491.
f.19v-20r   1 August 1491
Memorandum that a letter of removal for Thomas Standrop' from the cell of Finchale to the monastery of Durham was issued in the form used from of old.
Date: 1 August 1491.
f.20r   1 August 1491
Appointment by John, prior, and the chapter of Durham of their fellow monk, John Swan, as prior of the priorate or cell of Finchale, committing to him its care and administration until he has a further mandate from the prior; and commanding all and sundry whom this concerns to obey him as prior thereof in all and sundry pertaining to it. He is to render annually to the prior a faithful account of all receipts and expenses.
Date: Durham, 1 August 1491.
f.20r   9 August 1491
Memorandum that three quittances were issued under the common form, used from of old, one for the pension of the church of Walkington, the second for the collegiate church of Hemingbrough, and the third for the pension of the church of Welton in part payment of yearly pensions etc., [for the term] of Pentecost, [written] 9 August 1491.
f.20r   1 August 1491
Mandate [by John, prior of Durham] (in margin: to Richard Riddell') stating that, since he resolved that he should be sent from the monastery of Durham to the cell of Finchale, he commands him to go and remain there. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 1 August 1491.
f.20r   1 August 1491
Mandate [by John, prior of Durham] (in margin: to William Godson) stating that, since he resolved that he should be sent from the monastery of Durham to the cell of Farne, he commands him to go and remain there. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 1 August 1491.
f.20v   1 September 1491
Mandate [by John, prior of Durham] (in margin: to John Porter from the cell of Holy Island) stating that, since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there. He is to show the presents to the prior there so that he provides him with transport and expenses.
Date: Durham, 1 September 1491.
f.20v   1 September 1491
Mandate [by John, prior of Durham] (in margin: to William Smyrke) stating that, since he resolved that he should be sent from the monastery of Durham to the cell of Holy Island, he commands him to go and remain there. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 1 September 1491.
f.20v   4 September 1491
[Memorandum of] petition by Robert Heryson who came to Durham cathedral on 4 September 1491, and, after the bells had been tolled, asked for sanctuary for the reason that on 16 August 1485 in the vill of Bewick, Northumberland, he feloniously struck a certain John Waller, alias Johnson, on the left side of the chest with le whynyard, mortally wounding him, from which blow he died shortly afterwards, for which felony he sought sanctuary.
Witnesses: William Hylton, Randall Lemely, gentlemen, William Sanderson of Durham, mason, John Hoton and Richard Skynnner of the same, glovers.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.19 no.xliv.
f.20v   14 November 1491
Quittance by John, prior of Durham to the abbot and convent of Newminster near Morpeth for 13s 4d, received on the date of the presents, for the terms of Pentecost and Martinmas last past by reason of a certain yearly pension owed to the prior and monastery of Durham from the church of Stannington and customarily paid at the said terms.
Date: 14 November [14]91.
f.21r   2 May 1491
[Memorandum of] petition by Christopher Fairbarne of the vill of Fallodon, Northumberland, who on 2 May 1491, around the eighth hour before noon, came in person to Durham cathedral and asked for sanctuary for the reason that on 19 November, around Martinmas, “in the mill of Brompton, Northumberland”, he, with the help of a certain youth called Robert Wylkynson', struck a certain William Scott on the head with a staff commonly called le yrneforkeshafte and threw him to the ground, and whilst he was lying there, Robert Wylkynson twice struck him on the chest with le dagger, mortally wounding him, from which blows he at once died.
Witnesses: Thomas Hyefeld', Thomas Watson' of Durham, litster, Christopher More, plumber, Henry Tailzour, and W[illiam] Blaxton.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.18 no.xlii.
f.21r   27 November 1491
[Memorandum of] petition by John Joy of Amcotts, Lincolns., who on 27 November 1491 came to Durham cathedral, and after the bells had been tolled, asked for sanctuary for the reason that he was indicted in Lincolns. as a principal agent of the death of a certain John Portyngton, dwelling in the same vill, although he was not present when a mortal blow had been given to John Portyngton, nor did he take part in the assault then made on him. Nevertheless he does not deny he lodged those who inflicted the lethal injury, namely, a certain John Joy, his kinsman, bailiff of Whatton in the vale of Belvoir, Nottinghams., who came to the house of John Joy of Amscotts on Friday [probably written over an erasure], 5 June in the said year [although 5 June fell on a Sunday in 1491] and with his adherents stayed the night there with him. John Joy, bailiff, and his company rose at sunrise on the Saturday next following; hastening home, they mounted horses and, riding beyond the vill, on the way suddenly encountered John Portyngton and assaulted him ?racionantem on behalf of John {Joy} of Amscotts and struck him with swords and lances on the head and arm, cutting off his right hand, from which blows he died shortly afterwards.
Witnesses: John Gray, John Brown, and John Tailyour, of Durham diocese. [Printed, Sanctuarium, pp. 19-20]
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.19-20 no.xlv.
f.21v   20 June 1491
Collation by John, prior of Durham to William Wightman', chaplain, of the chantry of St Mary the virgin in the collegiate church of Darlington', willing him to receive for his support 4 marks annually from the bursar of Durham. If, in increase of this support, the bishop of Durham confers on him another chantry within his manor of Darlington, the prior dispenses him to receive it. In the event he obtains the other said chantry, the prior enjoins him to be present and to minister in divine offices in the same church.
Date: 20 June 1491.
f.21v   1 December 1491
[Memorandum of] petition by John [?]Weddrell' {of the vill of Bolam}, Northumberland who on 1 December 1491 came to Durham cathedral and, after the bells had been tolled, asked for sanctuary because on Tuesday next after Low Sunday, namely, 13 April 1491 [although in 1491 the Tuesday after Low Sunday fell on 12 April] he feloniously struck a certain Roland Sharpe from the same vill on the head with le walshe bille, threw him to the ground and, whilst he lay there, two or three times inflicted irreparable wounds on his body with le dager, from which he died at once.
Witnesses: Nicholas Blaxton, gentleman, John Forster, John Gofden of Durham diocese and Richard Emereson, clerk of the register of the prior of Durham.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.20 no.xlvi.
For another copy, see DCD Reg. IV, f.239v.
f.21v   1 December [1491]
Memorandum that two letters of removal were issued in the form used from of old, for removing Robert Heryngton' from Finchale to the cell of Jarrow and for removing (inserted in space left blank) Robert Roke from Jarrow to the cell of Finchale.
Date: 1 December (written over an erasure) “in the abovesaid year”.
f.22r   2 January [1492]
Memorandum that a quittance was issued for the master and scholars of Balliol Hall near Oxford in the form previously used.
Date: 2 January “in the year above”.
f.22r   1 February 1492
Mandate [by John, prior of Durham] (in margin: letter of removal of [written over an erasure] Robert Roke from Finchale to the monastery of Durham) stating that, since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there. He is to show the presents to the prior there so that he provides him with transport and expenses.
Date: Durham, 1 February 1491/2.
f.22r   12 February 1492
Commission by John, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Allertonshire, York diocese, to his fellow monk, William Cawthorn', Mr John Walkar and Mr John Underwodde. LL.B., to visit the churches of Northallerton, [West] Rounton and [Kirby] Sigston and their chapels, hospitals and other dependent devout places, clergy and people; to inquire into, correct, suspend, excommunicate and punish any transgressions and faults of the churches [etc.]; to take cognisance, proceed and determine in any causes or controversies which happen to be moved in the visitation; and to do all and sundry necessary and opportune to carry out the visitation, until the prior resolves that these powers should be revoked; since the prior is prevented from attending in person by various, difficult matters of the monastery of Durham.
Date: Durham, 12 February 1491/2.
f.22r   3 February [1492]
Memorandum that a similar {commission} <visitation> was issued in the jurisdiction of the archdeaconry of the prior of Durham in all churches and chapels appropriated to him and the chapter of Durham, with the exception that only William Cawthorn' and Mr John Walker were in that commission and it proceeded in the preceding form, namely, on 3 Feburary “in the year as above”.
f.22v   29 February 1492
Memorandum that two letters of removal were issued, one from Lytham to Finchale and the other from Finchale to Lytham, in the form previously used in the register.
Date: 29 February 1491/2.
f.22v   8 March 1492
[Memorandum of] petition by Robert Atkynson' of Low Crosby (Nethercrosby), Carlisle [Cumberland] who on Thursday, 8 March 1491/2, around the tenth hour before noon, came in person to Durham cathedral, and, after the bells had been tolled, asked for sanctuary for the reason that on 10 February in the said year in consequence of an assault made on a certain William Skoloke of Crosby near le warwyke brigges (Warwick Bridge), Carlisle [Cumberland], Robert feloniously struck him on the head with a staff called le clobbe, from which blow he died at once.
Witnesses: Robert Kirke, baker (“pistore”) of the abbey of Durham, William Saunderson', mason, and John Browne, servant of the said cathedral.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.21 no.xlvii.
f.22v   [?1492]
Grant by John, prior of Durham to John Gamelsby and Marion, his wife, with the consent and will of his fellow monks, of a corrody in the hospital of St Mary Magdalene near Kepier, lately held by Richard Sclater, for the term of their lives and that of the survivor of them. They are to receive what any brother or sister thereof, staying within or outside, receives, provided that they keep all its statutes (etc.). If they should not carry out the statutes (etc.), commit fornication or adultery, or marry again without licence from him or his successors, he wills that they be deprived of all the aforementioned in perpetuity.
Date: Durham, “etc.”
f.22v-23r   [?1492]
Letters testimonial by John, prior of Durham stating that, since witnesses and evidence are employed so that the truth of a matter might emerge, a certain John Moresby, alias John Clerke, priest and bearer of the presents, who has been lawfully promoted to the order of the priesthood and to other holy orders by John, bishop of Durham (as the prior understood by his letters of ordination which have been seen and examined and which he found to be fit, sound, undamaged and entirely unsuspicious, both in their tenor and seals) has approached the prior. Since John Moresby intends, as he asserts, to travel to remote and unknown parts, chiefly for the purpose of learning and of finding ?fuller maintenance (“uberiorem exibicionem”), and is fearful that such letters if brought with him would, because of the hazards of travel or other chance events which often befall travellers, be damaged or destroyed in transport, he made entreaty to the prior to keep the letters in the chancery in the monastery of Durham, to be reserved for his use and benefit. Disposed to his entreaties, the prior has granted his petition, and having experience of his praiseworthy manner of living, caused the said letters to be kept there.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.ccclxxviii-ccclxxix.
f.23r    [?1492]
Language:   English
Letters testimonial and of credence by John, prior of Durham stating that, whereas he understands that various persons of the town of Crosby, Carlisle [Cumberland], i.e., Thomas Atkynson', Henry Atkynson' and Christopher Atkynson', are held, imprisoned (in dorance haldyn) and greatly troubled for felony, in particular, for the death of one William Skoloke of Crosby, the prior now certifies that one Robert Atkynson of Low Crosby (Nethircrosby) [Cumberland] has taken sanctuary in the church of Durham, with all the liberties pertaining thereto, confessing the said felony and death of William Skoloke and its circumstances before George Cornforth, sacristan of the church of Durham, and other honest persons, as is contained and recorded in the prior's aforesaid register, and in order that more credence be given to this, the prior is sending the copy of the sanctuary in the same form as it was taken and is registered with him.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.21-22 no.xlviii.
f.23v   8 June 1492
Citation and mandate by John, prior of Durham, specially deputed by the presidents of the provincial chapter of the black monks, last held at Northampton, to visit the prior and convent of the cathedral church of St Swithin, Winchester, to the prior and convent of St Swithin stating that, since he intends to visit them in their chapter house on 25 June next, he cites the prior and commands him to cite all his fellow monks who ought to be present by right or custom, to appear in person before him or his commmissaries, one or many, on the said day and place. By letters patent reciting the contents hereof and, in a schedule appended to his certificatory letters, the names of all those cited by him, he is to certify him or his commissaries on the said day and place as to what he has done in the aforementioned.
Date: Durham, 8 June 1492.
f.23v-24r   8 June 1492
Commission by John, prior of Durham, deputed in the general or provincial chapter of black monks, last held at Northampton, to visit the prior and convent of the cathedral church of St Swithin, Winchester, to his fellow monks, Thomas Castell', B.Th., and Robert Batys, to visit the prior and convent of St Swithin on the days and places appointed in his letters of citation and to inquire, both in spiritualities and temporalities, into any transgressions or faults and others concerning the business of visitation, to correct and punish them, and to do all else enjoined on him or otherwise fit by right or custom, as if he was personally present, since the prior is prevented by various difficult matters of the monastery of Durham from attending personally.
Date: Durham, 8 June 1492.
f.24r   8 June [1492]
Memorandum that a certain proxy of the prior of Durham, drawn up in the form previously used and addressed to Thomas Castell', warden of Durham College Oxford, was issued under the prior's seal to appear at the provincial chapter to be held at Northampton on 2 July in the name of the proctor of {the said prior} to respond to all allegated and proposed, as pertains to the office of proctor from right or custom.
Date: 8 June “in the year above”.
f.24r   20 May 1492
Citation and mandate by William, abbot of SS Peter and Hild, Whitby, of the Benedictine order, York diocese, specially deputed by the presidents of the provincial chapter of the black monks in England, last held at Northampton, to visit all and sundry places, abbots, priors and other persons of the said order in York province, to John Aukelande, prior, and the convent of Durham, stating that, since he intends to visit them himself or through his commissaries, one or many, in their chapter house on 4 June next, he commands and cites them to appear there on the said day before him or his commissaries, and commands the prior to cite or forewarn, or cause to be cited or forewarned, all his fellow monks, present and absent, who ought to be present from right or custom, to appear with him on the said day and place. By letters patent reciting the contents hereof, he is to certify to him at the said day and place as to what he has done in the aforementioned, along with the names in writing of all his fellow monks, present and absent, as aforementioned.
Date: the monastery of Whitby, 20 May 1492.
f.24v   1 June [?1492]
Memorandum that on 1 June a letter of removal was issued, in the form previously used in such [cases], for Thomas Dukett, who was elected as chaplain of the prior of Durham on the abovesaid day and year, [to remove him] from Finchale to the monastery of Durham.
f.24v   [1 June ?1492]
Memorandum that a letter of removal was issued in a similar form for William Roy from the monastery of Durham to the cell of Finchale.
Date: “on the above day and year etc.”
f.24v   16 June 1492
Appointment by John, prior of Durham, of his fellow monk, Geoffrey Forest, as prior of the cell of Holy Island, committing the care and administration thereof to him, until he has a further mandate from the prior; and commanding all whom this concerns to be answerable to him as prior. He is to render annually to the prior a faithful account of all receipts and expenses.
Date: Durham, 16 June 1492.
f.24v   [16 June 1492]
Memorandum that a commission was issued for the keeping of the jurisdiction there (Holy Island, as above), addressed to the aforesaid Geoffrey, prior, and the vicar of Berwick, separately or together, in the manner and form previously used.
Date: “on the same day and year”.
f.24v   [?1492]
Language:   English
Letter [by John, prior of Durham] (in margin: to the chancellor of England) entreating him to remain a good lord to him and his fellow monks in such matters as one of the monks, the bringer hereof, or Richard Chameley shall show him; he asks him to give credence to them and to the evidence they will show him. He trusts in him, confident in his zeal for observing good rule amd justice and for correcting and punishing those disposed to the contrary, entreating him to be their gracious lord as they will be his faithful bedesmen.
f.25r   [?1492]
Memorandum that another letter was issued in a similar form to the [?]bishop ( “domino ?epuo” ) (followed by a blank space) by privy seal on the same day.
f.25r   1 September 1492
Memorandum that various letters of removal, one for [removing] William Chawmbre from the monastery of Durham to the cell of Finchale, the second for William Hawkwell' from the cell of Finchale to the monastery of Durham, the third for John Leche from the cell of Finchale to that of Farne, the fourth for William Godson' from the cell of Farne to Jarrow, the fifth for Robert Haryngton' from Jarrow to the cell of Finchale, were issued in accordance with the manner and form used from of old.
Date: 1 September 1492.
f.25r   1 October 1492
Memorandum that a corrody, granted to Thomas Banys and Alice, his wife, for the term of their lives and that of the survivor of them, was issued in the manner and form previously used, with full power and licence to remain outside in some respectable place for the same term.
Date: 1 October 1492.
f.25r   10 October 1492
Memorandum that a certain quittance for the mayor and community of Newcastle[-upon-Tyne] for a pension of £9 13s 4d, assigned to the master of Farne, was issued in accordance with the form in this register etc.
Date: 10 October 1492.
f.25r   17 November 1493
Quittance by John, prior of Durham to the abbot of Newminster near Morpeth for 13s 4d, received on the date of the presents, for the terms of Pentecost and Martinmas last past by reason of a certain yearly pension owed to the prior and monastery of Durham for the church of Stannington and customarily paid at the said terms.
Date: Durham, 17 November 1493 (which looks like it might originally have been 1492).
f.25r   19 November 1493
Quittance by Thomas, prior of Durham to the abbot of Newminster near Morpeth for 13s 4d, received on the date of the presents, for the terms of Pentecost and Martinmas last past by reason of a certain yearly pension owed to the prior and monastery of Durham for the church of Stannington and customarily paid at the said terms.
Date: Durham, 19 November 1493 (altered from 1494, which would make sense as Thomas Castell wasn't prior until 1494).
f.25v   7 January 1493
Memorandum that the appointment of Richard Caly and Thomas Swalwell' as confessors and bursars of [Durham] College Oxford, was issued in accordance with the manner and usage first employed in this register.
Date: 7 January [14]92/3.
f.25v   7 January 1493
Mandate [by John, prior of Durham] (to the warden of (Durham College) Oxford) stating that since, as he understood, Robert Marshall, lately a scholar of [Durham] College Oxford, had left there, he commands him when he next comes to Oxford to admit John Baxster, clerk of Durham diocese, as a scholar thereof, when he has been examined by the warden and his fellow monks and if he is found suitable. He is to require a bodily oath from him in keeping with what the foundation and statutes of the college demand.
Date: Durham, 7 January 1492/3.
f.25v   [?1493]
Bond by Peter Baxster and George Birde, merchants of Newcastle-upon-Tyne, to John, prior and the chapter of Durham for £40, to be paid to the prior and chapter at Pentecost next. They bind themselves, their heirs and executors to pay this.
Sealed with their seal.
Date: 'etc.'
with
Condition of the bond that if John Baxster, son of Peter Baxter, literatus, admitted or to be admitted as a scholar of Durham College Oxford, after his admission conducts himself well and faithfully towards the warden and fellow monks thereof, obeys their canonical and lawful mandates, keeps the statutes, ordinances and customs, and the peace among the residents there, and does not do them any injury and remains in the college for three years after his admission before taking a bachelor's degree and does not presume to be made inceptor in arts within seven years of his admission without seeking and obtaining licence from the prior or warden, then the present bond will be null.
f.26r   24 January 1493
Grant by John, prior of Durham to Robert Nayler and Annis, his wife, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Agnes Coll' lately held when alive, for the term of their lives and that of the survivor of them. They are to have what any brother or sister receives, provided they keep its statutes (etc.). If they should not carry out the statutes (etc.) or commit fornication or adultery or resort to marriage after the present one, he wills that they be deprived of all the aforementioned in perpetuity.
Date: Durham, 24 January 1492/3.
f.26r   1 February 1493
Mandate [by John, prior of Durham] (in margin: to Thomas Duket) stating that, since he resolved that he should be sent from the monastery of Durham to the cell of Finchale, he commands him to go and remain there. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 1 February 1492/3.
f.26r   2 February 1493
Memorandum that three quittances were issued in the usual and customary form, one to the provost of Hemingbrough concerning the payment of his pension, namely, 33s for the term of Martinmas last past in full payment of 5 marks, the second to the rector of the church of Walkington for payment of 50s for the same term in full payment of a yearly pension of 100s, [and] the third to the vicar of the church of Welton concerning a payment of 20s for the same term in full payment of 40s.
Date: 2 February [14]92/3.
f.26r   1 April 1493
Mandate [by John, prior of Durham] (in margin: to Edmund More) stating that, since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Finchale, he commands him to go and remain there. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 1 April 1493.
f.26r-v   26 May 1493
Mandate by John, prior of Durham, archdeacon in all churches and chapels appropriated to him and the chapter of Durham in Durham diocese, to the vicar of Aycliffe and other chaplains ministering in the same church, commanding them to cease celebrating divine [services] and administering the sacraments in the said church, except in a matter of necessity, because of the various cases of discord and controversy which have arisen amongst their parishioners, from which murder and bloodshed could probably emerge, unless some suitable remedy is provided. He therefore commands them to block and close the entrance of the said church and admit no one there to divine [services] or administer the sacraments (“sacramentalia” ), except as above, until they have a further mandate from him.
Date: Durham, 26 May 1493.
f.26v   31 May 1493
Mandate [by John, prior of Durham] (in margin: to Richard Blakwell') stating that, since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there. He is to show the presents to the prior of Holy Island where he is now staying so that he provides him with transport and expenses.
Date: Durham, 31 May 1493.
f.26v   31 May 1493
Mandate [by John, prior of Durham] (in margin: to Richard Riddell' from Finchale to Holy Island) stating that, since he resolved that he should be removed from his present place to Holy Island, he commands him to go and remain there. He is to show the presents to the prior there so that he provides him with transport and expenses, and to the prior of Holy Islnad so that he receives him benevolently.
Date: Durham, 31 May 1493.
f.26v-27r   [?1493]
Letters testimonial [letters patent] by John, prior of Durham stating that he understood by common report that a certain John Man from Yorkshire, among other honest works which he has long practised daily, had determined to escape, naked, from the shipwreck of this world to the harbour of eternal quiet, and to assume the most powerful arms of the profession of hermit, under whose protection he not only hopes to subdue the tyranny of hostile savagery but also wishes to contemplate and live respectably (?as a hermit) [and], sitting with Mary at the Lord's feet, has prayed most devoutly and hence, approaching the prior, petitioned him for a religious habit of this kind. Since from the relation of trustworthy men the prior found that he had long placed the anchor of his steadfastness not in the sand of superfluous immutability but in the solidness of his very firm purpose, with the result that the prior, disposed to his manifold request and the instance of his friends, conferred on him the habit of a hermit.
Date: “etc.”
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.ccclxxix.
f.27r   15 August 1493
Mandate [by John, prior of Durham] (in margin: to William Godson from Jarrow to Finchale) stating that, since he resolved that he should be removed from his present place to the cell of Finchale, he commands him to go and remain there. He is to show the presents to the master there so that he provides him with transport and expenses, and to the prior of Finchale so that he receives him benevolently.
Date: Durham, 15 August 1493.
f.27r   15 August 1493
Mandate [by John, prior of Durham] to “his dearest fellow monk” stating that, since he resolved that he should be removed from his present place to the cell of Jarrow, he commands him to go and remain there. He is to show the presents to the prior of Finchale so that he provides him with transport and provisions, and to the master of Jarrow so that he receives him benevolently.
Date: Durham, 15 August 1493.
f.27r   1493
Memorandum that a quittance was issued to the mayor and community of Newcastle-upon-Tyne for £9 3s 4d, assigned to the master of Farne, according to the form in this register.
Date: (no day or month) 1493.
f.27r   [?1493]
Mandate [by John, prior of Durham to the warden of Durham College Oxford] stating that, since he resolved that <Richard> {John} Halyman, son of Richard Halyman, of Northallerton, York diocese, literatus, should be received as a scholar of [Durham] College Oxford [whose rule [the warden] has at present], provided that after examination by [the warden] he has been found suitable, [the prior] commands him to receive John, once he has been found suitable and when he comes in person to him and the college, as scholar thereof to some vacant place in the college, having first taken a bodily oath.
Date: “etc.”
f.27v   2 September [1493]
Memorandum that a bond, made by Richard Halyman, father of the aforesaid John Halyman, was issued, with a condition [of the bond] on the dorso, in accordance with the manner and custom previously used in this register.
Date: 2 September “in the year as above”.
f.27v   [?1493]
Memorandum that a similar letter of admission for a certain John Herbotill', son of Robert Herbotill', of Preston, Northumberland, was issued in the form immediately preceding, with a bond for £20, with a condition etc.
f.27v   [?1493]
Licence and appointment by John, prior of Durham to his fellow monk, William Cawthorn', granting licence to hear the confessions of his fellow monks and other religious in [Durham] College Oxford and to absolve them, with the absolving of grave faults reserved to the prior or his deputy; and appointing him receiver and bursar of the college, and committing to him the disposition of its goods with the consent of the warden, with account rendered to the prior of receipts and expenses with the warden. He is to labour personally at common expense in the affairs of the college, when necessary, according to the deliberation of the warden and fellows.
f.27v   31 October 1493
Memorandum that four letters of removal were issued in accordance with the form used above in this register, namely, one for William Ogle from the monastery [of Durham] to the cell of Stamford, St Leonard's, the second for John Riddell' from Stamford to the cell of Lytham, the third for Thomas Brown from Lytham to Finchale [and] the fourth for John Grene from Finchale to the monastery [of Durham]. They were issued at one time, on 31 October 1493.
f.27v   [31 October 1493]
Memorandum that the appointment of Hugh Lethum as subprior of Finchale was issued in accordance with the usage and manner employed from of old in this register above, on the said day and year immediately preceding.
f.27v   17 November 1494
Memorandum that a quittance for the pension of the church of Stannington, received from the abbot and convent of Newminster near Morpeth, as for 13s 4d, was issued in the manner and form previously used in this register, as on the third folio preceding [f.25r].
Date: 17 November 1494.
f.28r   6 December 1493
Commission by John, prior of Durham, and Ralph Both, archdeacon of Durham, officials and keepers of the spirituality of Thomas, archbishop of York (etc.), in Durham diocese, sede vacante, to all and sundry deans, rectors, vicars and other parish chaplains in the bishopric of Durham stating that lest ignorance of the sentence of greater excommunication, granted on the authority of popes, archbishops of York and bishops of Durham and promulgated and fulminated once a year by the prior and convent of Durham in Durham cathedral, turn someone away from the prayers of the holy mother church and the communion of the faithful of Christ to the great danger of their souls, they, wishing to prevent the loss of souls and see to their advancement, therefore command them to expound, read and publish in the vernacular all and sundry articles contained in the attached schedule publicly in their churches on Sundays and other feastdays during mass, so that those who knew themselves to be blameworthy and aggravated or guilty of those make due and full satisfaction, as they are bound, for the injuries inflicted on the same religious in their churches, houses, granges, lands, meadows, woods and other possessions, and obtain benefit of absolution from them, lest they incur the danger of eternal damnation.
Date: 6 December 1493.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.ccclxxxi-ccclxxxii.
f.28r   1 February 1494
Mandate [by John, prior of Durham] (in margin: to Richard Lowson) stating that, since he resolved that he should be sent from his present place to the cell of Farne, he commands him to go and remain there. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 1 February 1493/4.
f.28v   8 March [1494]
Language:   English
Letter [by John, prior of Durham] (in margin: to the king (Henry VII)) stating that, whereas by his letters he commanded the prior to deliver to his trusted servant, Sir William Tyler, lieutenant of his town of Berwick, a certain sum of such money as remains in the prior's keeping pertaining to the king, the prior has carried out his command. Whereas he commanded the prior to certify him as to what remains in his keeping of the said sum of money and also what was in gold, he will understand that there remain 500 hundred marks and more, and in gold no more than 40 marks of xxxth pons xl pons crownez & v s with few angels; Sir William Tyler wished to have this gold, with the residue of the money which was in the same bag, for such matters as should please the king, as Sir William told the prior, and so the prior delivered the said gold to him, trusting it would please the king.
Date: Durham, 8 March {9} A. R. [Henry VII].
f.28v-29r   8 March 1494
Mandate by John, prior of Durham to his fellow monk, John Manby, prior or administrator of the house or priory of Stamford, St Leonard's, stating that, since from the statutes and ordinances of pope Benedict XII concerning the ordering of black monks, from right, practice and observance and from ancient custom lawfully prescribed and from time out of mind peacefully and uninterruptedly observed, all and sundry priors, prelates and administrators of any priories, houses and places of the said monastery of Durham, [who are] subject to its then prior, are bound (although not required [to be reminded about this]) to appear in person unless legitimately impeded, {or}, [if] impeded, through suitable proctors with sufficent mandates, at general chapters held or to be held every year in the monastery of Durham on the day known to be appointed from of old, namely, on the Monday next after Ascension, with their prior or prelate of the said monastery, to have discussion about the reformation of the order, both in spiritualities and temporalities, and to render a faithful account or administration for their administrations with respect to yearly receipts and expenses. All of which John Manby, as is well known, is aware of, although he has not taken care to attend either in person or through a sufficient proctor. The prior therefore commands him under penalty of contempt and disobedience to appear in person [if] not legitimately impeded [or, if] impeded, through his proctor, on Monday next after Ascension (12 May), to assemble and appear at the chapter house at the customary hour to treat, correct, reform and render a faithful account and to do and carry out all else required, according to the abovesaid constitutions and ordinances and his customs. The prior forewarns and threatens {him} that, if he does not appear in person or send a proctor, to withdraw and absent himself (presumably from Stamford), especially so that the prior can be certified by him about the state of the priory of St Leonard's. He intends to proceed to the penalties contained in the said constitutions and ordinances and any others canonical, notwithstanding contumacy or absence.
Date: Durham, 8 March 1493/4.
f.29r-v   12 March 1494
Grant by John, prior of Durham to Alice Hostiler, widow of Robert Hostiler, with the consent and will of his fellow monks, of a corrody in the hospital of St Mary Magdelene near the hospital of Kepier, which John Porter lately held when alive, for the term of her life. She is to receive in food, drink and other necessities what any brother or sister, staying within or outside the hospital, receives, provided she keeps all its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract a second marriage without seeking and obtaining licence from the prior, she will be deprived of all the aforementioned in perpetuity. He grants licence to her to stay in some respectable place outside the hospital for the term of her life.
Date: Durham, 12 March 1493/4.
f.29v   14 March 1494
Grant by John, prior of Durham to George Smerthwate with the consent of his fellow monks, for George's good service to the prior and monastery of Durham, of the keeping of the prior's wood or park of Rainton, either by himself or his sufficient deputy; receiving annually, by the hand of the prior's officials and others whom this concerns, the wages and fees which a certain John Porter, deceased, customarily received in years past. He grants to George one valet's garment every year when the prior should make a general livery, and all bark and branches of trees given to outsiders and the branches of all trees, downed by wind or age, in which timber cannot be found, provided the trees do not fall down through weather generally, with the bark and branches of all trees, taken up for the use of the prior or his tenants, reserved to him. He commands all his officials and tenants to heed and assist George in these matters known to pertain to that keeping.
Date: Durham, 14 March 1493/4.
f.29v   [?1494]
Memorandum that on 23 April 1494 a certain John Roderfford', servant of Robert Maners, knight, of Etal, Northumb., came to the exchequer of Thomas Durham, bursar of Durham, and there received from him one silver basin with one gilded rose (?rosary) (described), and two silver lavers (one described), the basin and lavers being previously given as security to the office of bursar for a certain sum of £10.
f.30r-150v
Headed: “The register from the time of Thomas Castell', prior of Durham, elected as prior on 6 May 1494, begins”

f.30r   13 May [?1494]
Language:   English
Letter [by John, prior of Durham] (in margin: to the bishop of Bath and Wells) thanking him for his good lordship to him and his fellow monks, not only in such matters for which the prior has made entreaty to him regarding [Durham] College Oxford but also in the matter for which he and his fellow monks in the name of the whole convent lately made suit to him at Canterbury, to which the [bishop's] favour was so benevolently shown and obtained, especially to the prior's promotion, that he has obliged the prior and all his fellow monks to be his continual bedesmen. The bearer hereof can show him more plainly than the prior can write of the time and manner of [his] election and confirmation, with all the circumstances thereof. As for making his obedience in accordance with [the bishop's] wish, he has caused a protestation to be ready thereto at the bishop's cummyng into the cuntre, wherein the prior will not be wanting [fault]. Whereas the prior is called to this position of great responsibility as prior of Durham, being young in years, inexperienced in temporal business, with the livelihood also of the monastery in divers parts withdrawn and encumbered (as he has desired the bearer hereof to tell him), he beseeches him to continue his good lordship to them.
Date: Durham, 13 May.
f.30r   1 May 1494
Mandate [by John, prior of Durham] (in margin: to Richard Riddell', from Holy Island to Stamford) stating that, since he resolved that he should be removed from his present place to the cell of Stamford, St Leonard's, he commands him to go and remain there. He is to show the presents to the prior there so that he provides him with transport and expenses, and to the prior of St Leonard's so that he receives him benevolently.
Date: Durham, 1 May 1494.
f.30r   16 May 1494
Mandate [by John, prior of Durham] (in margin: to Robert Mody) stating that, since he resolved that he should be sent from the monastery of Durham to the cell of Holy Island, he commands him to go and remain there. He is to show the presents to the prior there so that he receives him benevolently.
Date: 16 May 1494.
f.30r   [?1494]
Mandate [by John, prior of Durham] (in margin: to John Blenkharn') stating that, since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there. He is to show the presents there to the prior of Lytham so that he provides him with transport and expenses etc.
f.30r   1 August [?1494]
[Memorandum] that a letter of removal for Hugh Lethum from the cell of Finchale to the monastery of Durham and for Thomas Holburn' from the monastery to Finchale was issued in the form used above.
Date: 1 August “etc.”
f.30r   14 August 1494
Mandate by Ralph Bothe, archdeacon of Durham, lawfully deputed official and commissary of Richard, bishop of Bath and Wells, keeper of the spirituality of the city and diocese of Durham, sede vacante, by authority of Thomas, archbishop of York (etc.), to the prior of Durham, archdeacon in all the churches appropriated to him and the chapter of Durham in Durham diocese, or his official, having admitted Thomas Dobson', chaplain, to the vicarage of Billingham, Durham diocese, vacant by the death of Robert Brerly, last chaplain thereof, on the presentation by the prior and chapter of Durham to [the bishop] ( “dicto reverendo patri” ) and Ralph Bothe, and having instituted him therein, with the charge of continuous and personal residence, on which he has taken an oath in accordance with the legatine constitutions in this regard, and having done all else incumbent on him and his office in this regard, commanding him to induct or cause to be inducted Thomas Dobson or his proctor into corporal possession. By letters patents containing the tenor [of the presents], the prior is to certify him as to what he has done in the aforementioned, when required on the part of Thomas Dobson.
Date: Durham, 14 August 1494.
f.30v-31r   16 August 1494
Grant by Thomas, prior of Durham to Rowland Harper with the consent of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Joan Palicer lately held when alive, for the term of his life. He is to receive in food, drink and other necessities what any brother or sister staying outside receives, provided that he keeps its statutes (etc.). If he should not carry out the statutes (etc.) or commit fornication or adultery, the prior wills that he be deprived of all the aforementioned in perpetuity.
Sealed with the seal of the officiality (?official) of his archidiaconal jurisdiction, since he does not yet have his own to hand.
Date: Durham, 16 August 1494.
f.31r   [?1494]
Appointment by Thomas, prior of Durham of his fellow monk, William Chawmbree, as subprior of the cell of Finchale, with special authority to hear the confessions of his fellow monks dwelling there and of those sent there for the purpose of walking about, and to absolve them, with the exception of those cases whose absolution is specially reserved to the prior.
Date: “etc.”
f.31r   23 August [?1494]
Language:   English
Letter (in subscription (and in part in margin): by Mr John Hert, chancellor of York minster) to “his lord” informing him that whereas he desires John Hert to sequestrate the fruits and rents belonging to the chantry of St Thomas in the college of Howden because of the non-residence of the chantry priest thereof, the priest, called John Thomson', has left the said chantry and wishes no more of it. According to his lordship's wish, shown to him in writing, he has appointed Thomas Lowson', the bearer of the lord's letters lately directed to him in that regard, to serve the said chantry. He is ready [to carry out] his lordship's further pleasure regarding the aforementioned.
Date: Sutton upon Derwent [E. R. Yorks.], 23 August.
f.31v
Opening address of a letter by Thomas, prior of Durham to his fellow monk, William Chawmbre, (followed by a blank space, approximately one fifth of a page long).
f.31v   23 September 1494
Mandate by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire, to the keeper of the said spirituality stating that since he intends to visit the churches, prebends and other places of the spirituality and its people, he commands him to cite or cause to be cited all and sundry rectors, prebendaries, vicars, beneficed clerks, any others celebrating divine [services] and the ministers of all and sundry churches, chantries, chapels and places mentioned below and from each vill there (depending on its size) twelve, eight, six, four or two trustworthy men, to appear, either in person or by proctor, before him, his commissaries, one or many, or lieutenants on the days and places contained in the attached schedule. Those holding benefices are to exhibit their titles and letters of their acquisition of their benefices and incumbency. They as well as other parish chaplains and those celebrating divine services are to exhibit their letters of ordination and anything else canonical which they have on their behalf in this regard. He is to admonish or cause to be admonished all and sundry beneficed clerks within the prior's jurisidiction to make provision on the said days and places for the accustomed procurations attached to the jurisdiction to be paid in full. By letters patent reciting the contents hereof, he is to certify him or his commissaries on the days and places appointed as to what he has done regarding the aforementioned and how he has executed the prior's mandate, along with the names of those cited by him.
Date: Durham, 23 September [14]94.
f.32r   [?1494]
Grant by Thomas, prior of Durham to Richard Swan' of Finchale with the consent and will of his fellow monks, of {a corrody in the infirmary outside the abbey gate, Durham}, which John Smyth' and Joan, his wife, formerly held when alive, for the term of his life. He is to receive what any brother or sister thereof, staying within the infirmary, receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or contract another marriage without licence from the prior or his successors, the prior wills that he be deprived in perpetuity of all and sundry thus granted to him.
f.32r-v   26 September [?1494]
Commission by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire, to Mr John Hert, precentor of York minster and keeper of the prior's jurisdiction in Howden, his fellow monks, Henry Dalton, bursar, and Robert Bates, chamberlain, Mr John Undrewode, LL.B., and Mr Robert [?]Chestan', N. P., to visit the churches of Holtby, Skipwith, Hemingbrough, Howden, Eastrington, Brantingham, Welton and Walkington and their chapels, chantries and other dependent devout places, clergy and people; to inquire into, correct, suspend, excommunicate and punish any transgressions and faults of the churches (etc.); to take cognisance, proceed and determine in any causes or controversies which happen to be moved there in the visitation; and to do all and sundry necessary and opportune to carry out the visitation, until the prior resolves that these powers should be revoked; since he is prevented from attending in person because of various, difficult matters of the monastery of Durham.
Date: Durham, 26 September “in the abovesaid year”.
f.32v   [?1494]
Grant by Thomas, prior of Durham to Alice Laveroke [?Laneroke], wife of Roger Laverok of Holy Island [it's not, clear whether it's Alice or Roger - or both? - who's from Holy Island] with the consent of his fellow monks, of a corrody in the hospital of St Mary Magdalene near the hospital of Kepier, lately held by John Hughonson when alive, now vacant through John's death, for the term of her life. She is to have what any brother or sister thereof, staying within or outside the hospital, receives, provided she keeps its statutes (etc.). If she should not carry out the statutes (etc.), commit adultery or fornication, or have recourse to marriage, other than the present one, without licence {from the prior} or his successors, he wills that she be deprived in perpetuity of all and sundry thus granted to her.
Date: “etc.”
f.32v-33r   [?1494]
Language:   English
Letter by Thomas Castell, prior of Durham (in margin: to William Stanley, the king's chamberlain) thanking him for his support of the rights and liberties of St Cuthbert, especially of the cell of Lytham, of which he is chief steward; and beseeching him to continue to protect the cell and his fellow monks there. Whereas the prior understands that James Skaresbeke, esquire, who was deputed understeward to the cell under William has lately died, he beseeches William to put his will to Alexander Houghton, knight, to be substituted in the same office under him which James occupied when alive, so that by means of Alexander fortifying their rights and liberties under William's authority, he may be sure of the continual protection of St Cuthbert's rights in the cell. He beseeches him to be a good lord to Alexander in admitting him to him to be promoted to the office.
f.33r   [?1494]
Language:   English
Letter (by Thomas, prior of Durham) (in margin: to the [earl] of Derby) thanking him for his great love towards him and his fellow monks, especially the cell of Lytham, in fortifying their rights and liberties. They arysheu [?aryshen] in giving him the thanks and praise due him; where they are unable to make due recompense for all such benefits done to them, they shall be his bedesmen; they beseech him to continue to defend their rights.
f.33r   [?1494]
Language:   English
Letter (by Thomas, prior of Durham) (in margin: to lord Le Straynge) thanking him for the great support shown to him and his fellow monks, especially those of the cell of Lytham, and beseeching him to continue thus.
f.33v   6 January [?1495]
Language:   English
Letter by Thomas Castell', prior of Durham (in margin: to Mr John Haryngton, D.C.[L.]) informing him that he has received his letter, delivered to the prior by John Haryngton's servant, from the king's mother [Lady Margaret Beaufort], in which he understood she desired to have an advowson of a prebend in the collegiate church of Howden, claiming that the prior's immediate predecessor promised her this, in particular, the advowson of such a prebend as shall fall vacant, with the exception of the one to which Robert Fischer, chaplain to the bishop of Carlisle, was last presented. Neither the prior nor his fellow monks knew of this, among whom he has made due inquiry; they replied that they had previously heard no talk of the matter being put into practice or desired of them. He knows as well or better than the prior that it is not consistent with the law that he make such a promise of an advowson or presentation. The prior therefore entreats him to beseech her to excuse him, considering that he may not in conscience make such a grant, for if he did make such a promise against the common law his fellow monks would not consent to introduce such a custom which was never previously used in the chapter. He asks him to bring his eloquence to bear in excusing the prior to her.
Date: Durham, 6 January.
f.33v-34r   18 December [?1494]
Language:   English
Letter (in margin: by the king's mother [lady Margaret Beaufort]) (to Thomas, prior of Durham) stating that whereas his predecessor, the late prior, granted to her the advowson of the prebend in his collation within the church of Howden which should first fall vacant, with the exception only of that lately given to Mr Robert Fysher, chaplain to the bishop of Carlisle, she, trusting he is as well disposed to her as his predecessor, prays him to grant the advowson of the next prebend to fall vacant there, to send her by the bearer his sufficient writing under his [and the chapter's] common seal, and to place credence in his trusty servant and counsellor, Dr Harington', in what he shows to him on her behalf concerning this.
Under her signet.
Date: the Tower of London, 18 December.
f.34r   1 January [?1495]
Language:   English
Letter [to Thomas, prior of Durham] (in margin: by Mr John Harington, D.[C.]L.) stating that in her letters, which this bearer brings to the prior, the king's mother [Lady Margaret Beaufort] has related that his predecessor had promised her the next vacant prebend in Howden (with the exception of the one which Mr Robert Fisher has) and that the prior should give credence to John Harington, his servant, who, coming to him to tell him this, is staying at St Agatha [Easby, N. R. Yorks.], somewhat diseased and pained, so that he cannot come to the prior at this time. He has therefore sent this bearer with her letters to the prior, which he does not doubt he will receive thankfully and show himself as loving towards her as his predecessor. If he does so, her tenderness towards him will be so firmly established that, if he makes a request of her in anything reasonable concerning him and his monastery, she, recalling his kindness in this regard, will be his good lady. He is to certify her by John Harington as to what she may trust in this regard. The prior is therefore to write to him by this bearer as to what answer he should give to her on the prior's behalf, beseeching it be such that John may be bold in pursuing any causes on behalf of the prior or his friends.
Date: St Agatha, [Easby], 1 January.
f.34r-v   1 January [?1495]
Memorandum that two letters of removal were issued in accordance with the manner previously used in this register, namely, for [removing] John Grene, appointed subprior of Finchale, from the monastery of Durham to the cell of Finchale and for Robert Billyngham from Jarrow to the monastery of Durham.
Date: 1 January.
f.34v   8 January 1495
Appointment by Thomas, prior of Durham of his fellow monk, John Grene, as subprior of the cell of Finchale with special authority to hear the confessions of his fellow monks dwelling there and of those sent there for the purpose of walking about, and to absolve them, with the exception of those cases whose absolution is specially reserved to the prior.
Date: Durham, 8 January 1494/5.
f.34v   18 January 1495
Collation by Thomas, prior of Durham to Richard Shotton', chaplain, of the chantry in the chapel of Herrington, Durham diocese, provided that he resides there, serves the chantry praiseworthily, on the condition that he does not leave it unserved for three uninterrupted months and bears all incumbent charges. If he is found negligent or does not conduct himself properly or leads a dissolute life, the prior will proceed to his removal from the chantry.
Date: Durham, 18 January 1494/5.
f.35r   30 January 1495
Quittance by Thomas, prior of Durham to Mr Ellis Bell', prebendary of the prebend of Skipwith in the collegiate church of Howden, for 13s 4d for the terms of Pentecost and Martinmas last past by reason of a certain yearly pension customarily paid to the prior and monastery of Durham at the said terms.
Date: Durham, 30 January 1494/5.
f.35r   14 February 1495
Letter of confraternity and consorority by Thomas, prior and the chapter of Durham to George (in margin: Stanley), lord le Strange, and (blank), his wife, repaying them for the devotion and affection which they have for the monastery of Durham and the cell of Lytham in Amounderness, which the prior and chapter know plainly and have experienced by their deeds, by admitting them to the spiritual brethren and sisters of the chapter, and granting them special participation in perpetuity of all masses, vigils, fasts, orisons (etc.) and other good works in the monastery of Durham and its dependent cells, with prayers for them, just as for their other spiritual brethren and sisters, for all time after their deaths, once the prior and chapter have certain knowledge thereof.
Date: “etc.” 14 February 1494/5.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.ccclxxxii-ccclxxxiii.
f.35r-v   14 February 1495
Appointment by Thomas, prior of Durham of George Stanley, lord le Strange, as chief steward of the cell of Lytham in Amounderness and of all lands and tenements pertaining thereto; provided that he duly upholds and defends, or causes to be defended and upheld, the said office and {those} [duties] incumbent on it, for the benefit and honour of the prior and church of Durham. He is to receive in the said office the due and customary fees and wages. The prior commands all his officials and tenants dwelling there and those whom this concerns to obey George as steward in the said cell and in all matters pertaining to it.
Date: Durham, 14 February 1494/5.
f.35v   [?1495]
Language:   English
Letter [by Thomas, prior of Durham] (in margin: to lord George Strange etc.) thanking him for his great support of [the monastery's] rights and liberties in the cell of Lytham and the livelihood pertaining thereto. He understands from the prior of Lytham that it is neither advantageous to the cell nor pleasing to George (but rather the contrary) to have an understeward under him. The prior therefore commits all to him in that matter and [entrusts him] to have the prior's present understeward discharged, if he thinks it can be done, notwithstanding that it is a custom of the monastery not to discharge any old officer or servant without reasonable cause.
f.35v-36r   31 October 1482
Grant by Robert, prior of Durham to Christopher Wrangham with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Robert Lyndley held when alive, for the term of Christopher's life. He is to receive what any brother or sister, staying outside the hospital, receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or contract a second marriage without licence from the prior or his successors, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: 31 October 1482.
(In margin: corrody, granted in the infirmary to Christopher Wrangham [?Wraugham], which was effaced [ “oblit'” - ?or forgotten] in a previous register in the time of Mr Robert Ebchestre and is therefore inserted here.)
f.36r   [?1 January x 24 March 1495]
Mandate [by Thomas, prior of Durham] (in margin: to John Riddell') stating that, since he resolved that he should be removed from his present place to the cell of Finchale, he commands him to go and remain there. He is to show the presents to the prior there so that he provides him with transport and expenses, and to the prior of Finchale so that he receives him benevolently.
Date: Durham, “etc.” [149]4.
f.36r   30 June 1495
Mandate [by Thomas, prior of Durham] (in margin: to Edmund More) stating that, since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there. He is to show the presents to the prior there so that he provides him with transport and expenses.
Date: Durham, 30 June 1495.
f.36r   30 June 1495
Mandate [by Thomas, prior of Durham] (in margin: to Thomas Lawson) stating that, since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there. He is to show the presents to the master there so that he provides him with transport and expenses.
Date: “etc.”, 30 June [14]95.
f.36r   [30 June 1495]
Mandate [by Thomas, prior of Durham] (in margin: to William Cliff) stating that, since he resolved that he should be removed from the monastery of Durham, where he presently is, to the cell of Monkwearmouth, he commands him to go and remain there. He is to show the presents to the master there so that he receives him benevolently.
Date: “as above”.
f.36v   31 May 1495
Appointment by Thomas, prior of Durham, of his fellow monk, John Hamsterley, as master of the cell of Jarrow, committing to him its care and administration both in spiritualities and temporalities until he has a further mandate from the prior; and commanding all whom this concerns to be answerable to him as master thereof in all and sundry pertaining to the cell. He is to render annually a faithful account to the prior for all receipts and expenses.
Date: Durham, 31 May 1495.
f.36v   [?1495]
Letter of confraternity (incomplete) by Thomas, prior and the chapter of Durham, to Thomas Stanley, earl of Derby, stating that they have been persuaded by his devotion and affection for them, the cell of Lytham and the monks dwelling there, as the prior and chapter know plainly and have experienced by his deeds charitably bestowed on them, the monastery of Durham and the said cell. [Followed by a blank space, approximately a quarter of a page long.]
f. 36v-37r   14 August 1495
Grant by Thomas, prior of Durham, to Thomas Shele of Durham with the consent and will of his fellow monks, of a corrody in the hospital of St Mary Magdalene near Kepier, lately held by Alice Hostiler of Gateshead, for the term of his life. He is to receive what any brother or sister, staying outside the hospital, receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or marry again without licence from the prior or his successors, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 14 August 1495.
f.37r   3 October 1495
Mandate [by Thomas, prior of Durham] [to the warden of Durham College Oxford] stating that since he has resolved that Robert Lawson, son of John Lawson, Durham diocese, literatus, should be received as a scholar of [Durham] College Oxford (whose rule [the warden] has at present), provided that he is found suitable after examination by [the warden], [the prior] commands him to receive John, once he has been found suitable and when he comes in person to him and the college, as scholar thereof to some vacant place in the college, having first taken a bodily oath.
Date: Durham, 3 October 1495.
f.37r-v   3 October 1495
Bond by John Lawson and Thomas Hilton, in county Durham, yeomen, to Thomas, prior of Durham, for £20, to be paid to the prior and his successors or their certain attorney at Pentecost next. They bind themselves, their heirs and executors, and all their goods, wherever found, to pay this.
Sealed with their seals.
Date: 3 October 1495
(with)
Condition [of the bond] that if Robert Lawson, son of John Lawson, literatus, admitted or to be admitted as a scholar of Durham College Oxford, after his admission conducts himself well and faithfully towards the warden and fellow monks thereof, obeys their canonical and lawful mandates, keeps the statutes, ordinances and customs, and the peace among the residents there, and does not do them any injury and remains [in the college] for three years after his admission before taking a bachelor's degree and does not presume to be made inceptor in arts within seven years of his admission without seeking and obtaining licence from the prior or warden, then the present bond will be null; otherwise it should remain in force. If Robert acts contrary to the aforementioned in any way, he will be deprived of every right and title acquired by him in the college.
f.37v   [3 October 1495]
Memorandum that a similar letter of admission for a certain Cuthbert Singilton of Northumberland, to be admitted as a scholar of the same college, was issued in the preceding manner and form.
Date: “on the day and year abovesaid”.
f.37v-38r   [?1495]
Letters testimonial by Thomas, prior of Durham, stating that at the request of Mr W[illiam] Appelby, vicar of the prebendal church of Norton, Durham diocese, who is requesting the support of the prior's testimony for the reason that (as he asserts) he has been unjustly troubled about the repair of the chancel of the said church of Norton by the prebendaries thereof, who wish to compel him against his will to repair the church, although neither he nor his predecessors, the incumbent vicars there, from time out of mind were charged with such a repair. Certain knowledge can only be attained about making this repair through the custom of the area [ “patriae” ] which has been used and hitherto practised elsewhere in various places; to this custom and the modern practice, especially that of his churches, indeed of his vicarages, the entire matter of the issue joined is referred in this respect, as is said. To remove this ambiguity the prior makes known by the presents that in all his churches, incorporated and canonically annexed to him, in which vicars were instituted and admitted on his presentation, he, as rector, is charged and bound to repair the chancels, whenever the chancels threaten to fall down or are in need of repair, just as lengthy custom requires. Whereas doubt is raised about a certain writing previously exhibited, namely, concerning the division of prebends, he makes known that such a writing is included in a certain ancient book in their possession, which treats the foundation of the monastery of Durham, under the chapter or rubric “concerning the introduction of monks and the expulsion of seculars”, in the following tenor:
On Friday, 26 June 1093 [1083 in Symeon (see note below)], the 397th year from the passing of Cuthbert, the 89th year from when his uncorrupted body was brought to Durham by bishop Aldhun, which is the eighteenth year of William's reign, the tenth from when Aldhun (Aldwin in Symeon) came with two associates to the province of the Northumbrians, the third of the episcopacy of William, the aforementioned bishop led the monks, assembled together from two monasteries, Jarrow and Wearmouth, to Durham; the monks having been led to the church of St Cuthbert on the fourth [third in Symeon] day after Pentecost, he revealed the command of the pope and the will of king William to the assembled people. Commending the monks to Mary and St Cuthbert, he handed the church over to them and them over to the church. He commanded those who had previously dwelt there, who had the name of canons but in no respect followed the canonical rule, that, if they wished to reside in the church, they should spend their life with the monks in the monastic way of life. They preferred to leave the church rather than thus enter it except one, namely, their dean, who with difficulty was persuaded by his son, a monk, to become one. It is therefore said that the prebends of Auckland, Darlington, Norton and Heighington (?recte Easington) had been made only for those canons from papal provision so that they might have the wherewithal to live in perpetuity.
Date: “etc.”
(The passage quoted is found in Symeon, iv. c. For Easington rather than Heighington, see Symeon of Durham : historian of Durham and the North, ed D. Rollason, (Stamford 1998), p.230, fn.20.)
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.ccclxxxiii-ccclxxxiv.
f.38r   17 November 1495
Commission by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire and within the bounds of the parish of the collegiate church of Hemingbrough, York diocese, to Mr John Hert', canon of York minster, and Mr Hugh Wren', LL.B., vicar of the church of Brantingham, York diocese, appointing them keepers of the jurisdiction of the spirituality and all its parishioners; and committing to them authority: to act in various probate matters, detailed; [to take cognisance of, proceed and determine] in causes relating to marriages and their dissolution, and any other suits or controversies moved or to be moved, both ex officio and at the instance of a party, and known to pertain to him from custom, right or privilege by reason of this jurisdiction; to make inquiry into faults or offences to persons and property there and to punish and correct them; and to induct those henceforth lawfully presented and admitted into the corporal possession of any benefices within the jurisdiction or spirituality; and to do and carry out all else necessary or opportune with regard to the aforementioned. The presents are to last at the prior's pleasure.
Date: 17 November [14]95.
f.38v   28 November 1495
Grant by Thomas, prior of Durham to (Christian name blank throughout but William supplied in margin) Stere (?Store) with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which John Tailyour lately held when alive, for the term of his life. He is to have what any brother or sister thereof receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.) or commit fornication or adultery or marry again, the prior wills that he be deprived in perpetuity of all and sundry thus granted to him.
Date: Durham, 28 November 1495.
(In margin: this was not issued in this form but in the later one on the following folio [39r].)
f.38v-39r   19 November [?1495]
Language:   English
Letter (in subscription: by Thomas, prior of Durham) (in margin: to lord Tailbos) stating that whereas when one of his fellow monks, John Manby, late prior of St Leonard's, well known to his lordship, came home from there to the monastery of Durham, he brought with him one gown of red velvet, formerly his lordship's mother's, which he bid one embroiderer of the sacristan of Durham to take apart and make one cope or vestment to the honour of God and the monastery and for her soul, saying to the sacristan that his lordship would never ask for it again. The sacristan, however, did not do so but kept it whole and so it is ready to his lordship's pleasure. It has been requested various times but because the prior has no writing from his lordship which is sufficient for his discharge, he would not deliver it and asks to be informed in writing of his lordship's mind. If his lordship wishes to have it, the prior will send it to him by any servant his lordship sends with sufficient writing. If he should be so good a lord as to give it to be disposed to the honour of God and the monastery, the prior will take it upon himself to arrange this and also that his lordship and his mother's soul be prayed for. The prior beseeches his good lordship that he may understand his mind in this matter.
Date: Durham, 19 November.
f.39r   17 December 1495
Grant by Thomas, prior of Durham to William Stere (?Store) of Norton and John, his son, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which John Tailyour lately held when alive, for the term of their life or of the survivor of them. They are to have what any brother or sister thereof receives, provided they keep all its statutes (etc.). If he should not carry out the statutes (etc.) or commit fornication or adultery or marry again, the prior wills that he be deprived in perpetuity of all and sundry thus granted to him.
Date: Durham, 17 December 1495.
f.39r-v   2 January 1496
Licence and appointment by Thomas, prior of Durham to his fellow monks, Thomas Dun and Robert Strother, granting special licence to hear confessions among their fellow monks and other religious dwelling in [Durham] College Oxford and to absolve them, with the absolution of grave faults reserved to the prior or his deputy; and appointing them receivers and bursars of the college, and committing to them the disposition of its goods with the consent of the warden, with account rendered to the prior of receipts and expenses with the warden. They are to labour personally at common expense in the affairs of the college, when necessary, according to the deliberation of the warden and fellows.
Date: Durham, 2 January 1495/6.
f.39v   31 January 1496
Mandate [by Thomas, prior of Durham] (in margin: to Robert Roke from Jarrow to the monastery) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there. He is to show the presents to the master there so that he provides him with transport and expenses.
Date: Durham, 31 January 1495/6.
f. 39v-40r   31 January 1496
Commission by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire and within the bounds of the parish of the collegiate church of Hemingbrough, York diocese, to Mr Robert Fysher, canon and prebendary of the collegiate church of Howden, York diocese, appointing him keeper of the jurisdiction of the spirituality and all its parishioners; and committing to him authority: to act in various probate matters, detailed; to take cognisance of, proceed and determine in causes relating to marriages and their dissolution, and any other suits or controversies moved or to be moved, both ex officio and at the instance of a party, and known to pertain to him from custom, right or privilege by reason of this jurisdiction; to make inquiry into faults or offences to persons and property there and to punish and correct them; and to induct those henceforth lawfully presented and admitted into the corporal possession of any benefices within the jurisdiction or spirituality; and to do and carry out all else necessary or opportune with regard to the aforementioned. The presents are to last at the prior's pleasure.
Date: Durham, 31 January 1495/6.
f.40r   31 January 1496
Mandate [by Thomas, prior of Durham] (in margin: to Thomas Tipping) stating that, since he resolved that he should be removed and sent from the monastery of Durham, where he presently is, to the cell of Jarrow, he commands him to go and remain there. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 31 January 1495/6.
f.40r-v   2 February 1496
Grant by Thomas, prior of Durham to Thomas Gaude (?Gande) and Margaret, his wife, of a corrody in the Maison de dieu, lately held by Alice Hostiler, to be held by them and the survivor of them, for the term of their life. They are to receive what any brother or sister thereof, staying outside, receives, provided they keep its statutes (etc.). If they should not carry out the statutes (etc.), commit fornication or adultery, or resort to a second marriage without licence from the prior or his successors, he wills that they be deprived in perpetuity of all and sundry thus granted to them.
Date: Durham, 2 February 1495/6.
f.40v   3 February 1496
Memorandum that four quittances concerning the yearly pensions, owed to the office of chamberlain of Durham from the churches of Hemingbrough, Brantingham, Walkington and Welton, were issued as for the term of Martinmas in the previously written form from of old.
Date: 3 February 1495/6.
f.40v   13 April 1496
Grant by Thomas, prior of Durham to Christine Blenkharne, maid of Durham, with the consent and will of his fellow monks, of a corrody in the Maison de dieu, which Alice Ordour lately held when alive, for the term of Christine's life. She is to have what any brother or sister thereof receives, provided she keeps all its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage with someone without having sought licence from the prior and his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 13 April 1496.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.ccclxxxiv-ccclxxxv.
f. 40v-41r   4 May 1496
Memorandum that various letters of removal for various monks were issued in the usual form in this book and register, namely, for [removing] Robert Herington from the monastery of Durham to Stamford, for Richard Riddall' from Stamford to Farne, for Richard Lowson from Farne to Finchale, for Robert Rokke from the monastery to Lytham and for John Riddell' from Finchale to the monastery.
Date: 4 May 1496.
f.41r   [21 May] 1496
Appointment by Thomas, prior of Durham, of William Bulmer, knight, lord of Wilton, as steward of all the vills, lands and tenements pertaining to the exchequer of Durham within the bishopric of Durham, as long as he conducts himself well and faithfully in the said office, provided that he duly carries out the office and those [duties] incumbent on it, as should be done for the advantage and honour of the prior and church of Durham; always provided that during his time in office he does not grant a lease for the aforesaid lands and tenements by fine or for a term of years to any person, unless by special mandate of the prior or his successors. He is to receive yearly in that office the due and customary fees and wages. The prior commands all and sundry officials and tenants wtihin the bishopric to obey William as steward in all pertaining thereto.
Date: Durham, the eve of Pentecost 1496.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.ccclxxxv-ccclxxxvi.
f.41r   27 July [1496]
Memorandum that three quittances were issued on 27 July in the form previously written and employed in this register from of old, one for the church of Welton, the second for the church of Walkington and the third for the collegiate church of Hemingbrough, concerning the yearly pensions pertaining to the office of chamberlain of Durham for the term of Pentecost last past.
Date: “the year one thousand etc. and the month and day abovesaid”.
f.41v   31 August 1496
Memorandum that two letters of removal were issued in accordance with the manner employed above in this register, one for removing John Byndley from the monastery of Durham to the cell of Wearmouth [and] the second for recalling William Clyff' from the said cell to the monastery.
Date: 31 August 1496.
f.41v   7 September 1496
Grant by Thomas, prior of Durham, to William Hewet and Katharine, his wife, with the consent and will of his fellow monk, of the corrody in the infirmary outside the abbey gate, Durham, which Syssot Wrake held when alive, to be held by them or the survivor of them, for the term of their lives. They are to receive what any brother of sister thereof receives, provided that they keep all its statutes (etc.) If they should not carry out the statutes (etc.), commit fornication or adultery, or resort to marriage beyond the present one without having sought and obtained licence from the prior and his successors, he wills that they be deprived of all the aforementioned in perpetuity.
Date: Durham, 7 September 1496.
f.41v   [?1496]
[Memorandum] of lands amortised in the time of W[illiam] Dudley, bishop, and Robert Ebchestre, prior, firstly, Cleatlam, Little Haswell, Wolviston, Ferry[hill], Billingham, Aycliffe, Morton Tinmouth, Hebburn, the barony and borough of Elvet, Old Borough of Durham [Crossgate], Gilesgate, the borough of Durham (the bishop's borough) and South Bailey.
f.41v   [?1496]
[Memorandum] of unamortized lands; firstly, Simonside near Jarrow £4 8s; Hebburn 13s 4d; Little Thorpe near Easington 8s; Hamsterley 6s; Wolviston; the lands of Mr W[illiam] Mappas (?or the lands in Wolviston of William Mappas). Likewise, in the same the lands of W[illiam] Stere of Norton 13s 4d. Likewise, one cottage of a certain John Kay of East [Kirk] Merrington 26s 8d; lands of W[illiam] Whelpdall in Durham to the value of £10 etc.
f.42r-v   [?1496]
Account listing the half and whole amounts assessed for the churches of Boldon, Washington, Whitburn, <Whickham> {Seaham}, Wearmouth, Houghton[-le-Spring], Easington, Hart with the vicar (?vicarage); the portion of the prior of Guisborough; the chapel of Hartlepool; the churches of Stranton, Elwick, Greatham, Sedgefield, Brancepeth; the dean of Auckland; the portions of Eldon (Eden) minor, West Auckland, Escomb, Bishop Auckland, Eldon minor, Shildon, St Helen Auckland, Pelton in the collegiate church of Chester[-le Street], Lumley in the same place, Urpeth in the same place; the dean there; the portion of Esh in the collegiate church of Lanchester; the churches of Winston, Gainford, Staindrop, Coniscliffe, Haughton[-le-Skerne], Hurworth, Long Newton, Eaglescliffe, Redmarshall; four portioners in Darlington; the vicar of Norton; the hospital of Sherburn; the bursar of Durham; the prior of Finchale for temporalities between the Tyne and Tees; the same in Yorkshire; the same for the church of [Bishop] Middleham; the sacrist of Durham for tenements between the Tyne and Tees; the same in Yorkshire; the chamberlain for tenements between the Tyne and Tees; the same in Yorkshire; the same for the church of Dalton; the master of Jarrow for temporalities between the Tyne and Tees; the same for the church of Jarrow; the master of Wearmouth for the church there; the hostillar of Durham; the same for the church of St Oswald; the communar of Durham; the bishop of Durham for his temporalities; amounting to a total of £203 10s 8d.
f.43r   11 October 1496
Suspension by Thomas, prior of Durham, lawfully deputed collector within the bishopric of Durham of the entire tenth, granted to the king in the last convocation of the clergy of York province and to be paid to him at two different terms, stating that on the authority of the royal writ sent to the prior in respect thereof and in accordance with the faculty assigned to him in this regard, the prior suspends amd places under ecclesiastical interdict the church of A. B. for non-payment of the first half of the entire tenth previously demanded by the prior which, according to the tenor of this mandate, ought before Martinmas next to be levied and paid by him to the king's exchequer without delay.
Date: 11 October 1496.
([With the following note: this suspension was issued neither in the form stated nor according to that employed from of old in this regard; since it was challenged (literally: seen to suffer calumny), in accordance with the counsel of Richard, bishop of Durham, and his legal experts it was therefore emended {and transposed} and the citation proceeded in the following form.)
f.43r   15 October 1496
Citation by Richard, bishop of Durham, to Thomas Forster granting authority to him: to cite all and sundry ecclesiastical persons obliged to pay tenths within Durham diocese, and in their absence their farmers who are unwilling, refusing or not troubling to pay the half of the tenth now to be levied, to appear before the bishop or his official at Bishop Auckland on the fifth day after being cited to put forward reasonable cause, if any, why they should not be compelled to pay the said half of the tenth by ecclesiastical censures and other canonical penalties and further to do what pertains to right. He is to certify the bishop as to what he has done regarding the aforementioned.
Date: 15 October 1496.
f.43r   26 October 1496
Mandate by Richard Nykke, LL.D., official of the consistory of Durham, to all rectors, vicars, curates and non-curates throughout Durham diocese, stating that since he has pronounced as contumacious and has suspended in writing all and sundry whose names are contained on the back of this schedule because of their contumacy in not appearing before him on a certain appointed day and place to put forward reasonable cause, if any, why they should not be compelled to pay the half of the tenth granted to the king which they are refusing to pay, he commands them to announce publicly in their churches on Sundays and other feastdays that all the aforesaid have been suspended by them. As to what they have done regarding the aforementioned, etc.
Date: 26 October 1496.
(Written at foot of page:) To his loving [English].
f.43v   [?1496]
Quittance by Thomas, prior of Durham to the abbot of Newminster stating that he has received from him etc.
f.43v   [?1496]
Account of the prior and convent of Durham, by letters patent of Richard, bishop thereof, deputed collectors of a tenth in Durham diocese to be paid to the king by the clergy of the province of York in the eleventh year, namely, the first half at Martinmas in the twelfth year of King Henry [1496] and the second half at Martinmas then following, Percival Lambton, attorney of the prior and convent, as is contained in the attorneyships for Michaelmas term in the twelfth year, namely, for the first half, accounts for £101 14s 8¼d for the half of the tenth of spiritual and temporal goods of the clergy of the aforesaid archdeaconry [!], as is contained in the rolls of the particulars of taxation of the said goods in the treasury. The sum received £101 14s 8<½>¼ d. Respited £33 6s 8d for the half concerning the spiritualities and temporalities of the bishop of Durham in the said diocese, because the collector does not have sufficient jurisdiction in the same episcopate. Respited £66 13s 4d, paid at the receipt of the exchequer by one tally on 22 November in the twelfth year [1496]. Respited 44s for their fee at the rate of 8d in the pound etc. The sum respited £102 4s. Surplus of 9s 3¾d.
f.43v   [?1496]
Account of the prior and convent of Durham, the collectors in Durham diocese of a tenth from the ecclesiastical benefices of the clergy of York province to King Henry VII in the seventh year of his reign. They account for £203 9s 4¾d. In the treasury £180 by three tallies. Exonerated 54s 10d for the church of Haughton[-le-Skerne] and 17s 4d for the temporalities of the prioress of Neasham; and in the treasury 42s 8d on 19 July in the seventh year [1492]; and £4 6s for their expenses in collecting and levying the said tenth at the rate of 8d in the pound; in the treasury £13 8s 7d on 24 October in the eighth year [1492]. Surplus of ½d, remitted. Quit.
f.44r   [?1496]
Proxy by Thomas, prior of Durham to all and sundry fathers of the order of black monks appointing his fellow monk, William Cauthorn', B.Th., warden of [Durham] College Oxford, as proctor (etc.) at the provincial chapter to be held at Northampton on Monday next before the translation of St Thomas the martyr, namely, 29 June next (when 29 June falls on a Monday, the Monday immediately before the translation of St Thomas would actually be 6 July, unless this is St Thomas the apostle) with authority and special mandate to appear before them on the prior's behalf on the day and place appointed above and to excuse and give the reason for his absence etc.; since the prior is prevented from attending in person because of difficult and urgent business [touching] the state and advantage of the monastery of Durham.
f.44r   [?1496]
[Memorandum] of amounts due to the archbishop of York [and] granted to him for a subsidy from the prior of Durham for his pensions in Howdenshire: for the pension of Skipwith 16d, the collegiate church of Hemingbrough 6s 8d, the church of Brantingham 13s 4d, the church of Welton 4s, the church of Holtby 4s, the church of Walkington 12s.
f.44v-45r   [1496]
Record of proceedings for extending the ordinary jurisdiction of Howden in the matter of the suit between Mr Robert Kent, S.T.P., tutor and coadjutor (“tutorem et coadiutorem” ) of Mr Alexander Lee, canon and prebendary of the collegiate church of Howden, and Mr Robert Fysher, prebendary and residentiary canon thereof and official of the ordinary jurisdiction of the prior of Durham [and] defendant, in a certain matter of a suit of the withdrawing and withholding of the portion {and} rights of the said Alexander, by virtue of which, at the petition of the said plaintiff, the prior, ordinary of the jurisdiction of the spirituality of the liberty in Howden and Howdenshire, as aforementioned, issued a citation to proceed to cite Robert Fysher to appear before him in the nave of Durham cathedral etc., which was issued in the following form:
   22 October 1496
Citation by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire to William Grange, literatus, commanding him to cite or cause to be cited Mr Robert Fysher, canon and prebendary of the collegiate church of Howden in the prior's jurisdiction, to appear before the prior in the nave of Durham cathedral on Saturday next after All Saints [5 November] to make response to Robert Kent', S.T.P., deputed assistant of Mr Alexander Lee, residentiary canon of the collegiate church of Howden, who intends to proceed in a certain cause of the withdrawing and withholding of the portion and rights, by right customary and due to Alexander by reason of his residency, against Robert Fysher. William is to certify the prior on the said day and place as to what he has done regarding the aforementioned.
Date: Durham, <2> 22 October 1496
(with the following note: this citation was issued for execution.)
For a copy, see DCD Reg. V, f.38v.
f.45r-v   5 November 1496
Account of the chapter held in the nave of Durham cathedral on 5 November 1496 before Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in the collegiate church of Howden, and Mr John Walkar, LL.B., etc. in a certain cause of the withdrawing of the portion and rights of Mr Alexander Lee, residentiary canon in the said collegiate church, moved by Mr Robert Kent, S.T.P., assistant of Alexander, against Mr Robert Fysher, prebendary canon of Thorpe and residentiary of the collegiate church of Howden. The aforesaid William Grange, mandatary, reported that he has lawfully cited Robert Fysher and that he cited him [to appear] in person on Wednesday, 26 October, within the collegiate church of Howden, took a bodily oath thereupon and exhibited the citation, executed in accordance with its tenor. This term coming, as is aforementioned, Mr Robert Kent etc. appeared and appointed Mr William Coke, LL.B. & B.Dec. , Thomas Tod, LL.B. & B. Dec., Mr Robert <Fysher> Diker, N.P., as his proctors in all causes etc. (and with this clause “of substituting” etc.), who request that Robert Fysher be publicly proclaimed (“preconizari” ) in the said cause; when this was done by them (presumably the prior and John Walkar) Thomas Hudesbanke, servant of Robert Fysher [as he claimed], exhibited a certain inhibition, by virtue of which he inhibited them and Robert Kent in particular, and everyone in general. The tenor of the inhibition is such as will be explained in the following.
f.45v-47r   2 November 1496
Inhibition by the official of the court of York to all and sundry rectors, vicars, chaplains with and without cure of souls, clerks and literati throughout York province, stating that ?grave complaint was made to him ( “nobis gravi cum querela extitit monstratum”) on the part of Mr Robert Fysher, clerk, residentiary canon in the collegiate church of Howden, York diocese, and prebendary of the prebend of Thorpe therein, that, although Robert Fysher duly acquired his said canonry and prebend, undertook and kept personal residence there according to the customs and statutes thereof, and intends to keep, continue and finish it, and was in peaceable possession of the same, and has refrained from the ? (?an ablative missing here, to follow after the preposition “a”) of the withdrawing and withholding of the portion and rights, due unjustly [as he asserts] to Mr Alexander Lee, pretended canon and residentiary of the church, by virtue of his recent [as is claimed] residence there, or to Mr Robert Kent, S.T.P., pretended assistant of Alexander [who is suffering from infirmity or unsoundness of mind], and was and is prepared to obey the precepts and mandates of his ordinaries in everything lawful;
neverthleless Thomas, prior of Durham, possessing ordinary jurisdiction in the said vill of Howden and Howdenshire because of certain grants and privileges of the archbishops [and] bishops given to the church of Durham and the priors thereof, at the cunning instigation and by the persistent efforts of Robert Kent, pretended coadjutor and assistant of his [?property], which, with the yearly revenues and profits of one prebend in the church of York minster, a canonry and prebend in St Paul's London, Lincoln and Salisbury cathedrals and the collegiate church of Howden, of the churches of Spofforth, York diocese, and Houghton[-le-Spring], Durham diocese, and the hospital of Sherburn, Durham diocese, with many other benefices, whose revenues, profits, portions or pensions and other oblations and emoluments amount annually, as is commonly said and well known, to the sum of 400 marks, to which the same Alexander is well known to be entitled and publicly possessed of the same, ?are unable to content (? “contentari” a mistake for “contentare”) the same Alexander, who, when he was enjoying complete freedom of mind and of his [?person], for many years deliberately betaking himself from his said residence for temporal affairs and his own, and not returning in sound mind to his residence in the said church of Howden within the due time appointed, in accordance with the statutes, ordinances and customs thereof, long used and observed, gave up, interrupted and both tacitly and expressly renounced his personal residence there etc., [and], being in the same purpose in unsoundness of mind, meanwhile withdrew, and, in order to recommence in insanity the residence discontinued by him while he was enjoying freedom of ? and mind, ?they [?who], escorting Alexander (still continually suffering insanity and having [the capacity] neither to be unwilling nor willing, nor capable of performing office in divine [services] properly and honestly, as is fitting), to the vill of Howden and there to keep him, desiring and seeking more for their own profit than the sustaining of Alexander, and a quantity exceeding a measure beyond sufficiency, and in order to take away, remove and diminish the revenues, oblations, mortuary payments, emoluments and daily distributions assigned to the resident of the said church and especially pertaining de iure to Robert Fysher by virtue of his residence there for the present year, which can scarcely be sufficient for the residence thereof, [the prior], overcome by entreaties and requests, to the considerable detriment of the law and Robert Fysher, commanded to be cited and caused to be cited de facto Robert Fysher, residentiary canon of Howden, observing personal residence in the church according to the ordinance, statutes and customs thereof, to appear before the prior in the nave of Durham cathedral at ?too brief a term, considering the distance and his residence, to be finished at Martinmas next, that (?or because) he is obliged and bound on account of the fear of death, bodily torture or imprisonment, and the treachery of Robert Kent and especially of his other more powerful adversaries dwelling in those parts, and and daily threatening and in the said cause of the withdrawing and detaining of the portion and rights pertaining to Alexander, as is alleged, although untruly, and to Robert Kent, his pretended coadjutor, sharing possession, and where a multitude of legal experts who have the knowledge and dare on account of the displeasure and fear of Robert Kent and of his more powerful adherents to defend the cause in his name to the Robert Kent in this cause cannot be had previously, as was and is well known to the prior.
Hence, on the part of Robert Fysher, thinking himself unduly oppressed by the said charges, lawful appeal was made in writing from all and sundry of those charges, and from what is contained and can be gathered from them in future, to the court of York. The official of the court of York therefore commands the rectors, vicars (etc.), by virtue of obedience [owing to him] and under penalty of contempt, to inhibit the prior and Robert Kent in particular, and all others (whom right demands [be inhibited]) in general, lest with the matter of the aforesaid appeal pending in the said court of York, he attempts or causes to be attempted anything to the prejudice thereof that the said appellant does not have free prosecution of his appeal. They are to cite Robert Kent to appear before him or his commissary in York minster ( “in maiori ecclesia Ebor'” ) on Tuesday next before St Catherine next [20 November] to make response to Robert Fysher, appellant, and to do and receive what justice will urge in this regard, from the day of the receipt of the presents, the inhibition and citation, in the manner of such inhibition and citation. By letters patent containing an account hereof, they or he who received the presents are to certify him on the said day and place as to all that which they have done and found regarding the aforementioned.
Date: York, 2 November 1496.
For a licence, dated 8 January 1495/6, allowing Robert Fysher to begin residence in Howden collegiate church, because of Alexander Lee's incapacity due to mental illness, see also DCD Reg. V, f.33v-34r. For Kent and Lee, see also DCD Reg. V, f.49v.
f.47r   [7 January] 1511
Decision in tithe dispute [?by Thomas, prior of Durham] stating that since the decision and investigation of a dispute concerning the tithe of fish taken on the high sea between the vicar of Berwick[-upon-Tweed] and the curate of Tweedmouth, was committed to [?the prior] by Mr Hugh Asheton, chancellor etc. and compromitted to him by those concerned, having inspected volumes of books, he found that when the said fish are caught at sea where any men may freely fish and in places outside the bounds of any parish, and that the said fish are customarily caught by the parishioners of Tweedmouth and not by those of Berwick, it necessarily follows that the tithes do not belong to the church of Berwick but to the curate of Tweedmouth, in whose parish are the persons who catch the fish. This matter can be seen fully in [?]Inno Hosti[ensis] [Henricus de Segusio] in the ?fourth decretal ?third chapter “non est extra de decima” and more widely in William Anglicus (William Lyndwood) “super constitutione provinciale Cant'” which begins “Quoniam propter diversas” ?in the paragraph “de piscationibus” on the words “debito modo” etc. He therefore concludes that the tithes should wholly be paid to the church or chapel of Tweedmouth for the abovesaid reasons.
Subscribed with his own hand.
Date: the next day after after Epiphany 1510/11.
f.47v-48r   5 November 1496
Inhibition by Richard, bishop of Durham to John Forster, his sworn apparitor, stating that although ?as previously, the officials of the prior and convent of Durham, having and exercising archidiaconal jurisdiction in several churches appropriated to them, and also to the archdeacons of Durham and Northumberland on the authority of his predecessors, had been lawfully warned and indicted to celebrate and hold within Durham diocese their convocations, sessions and chapters in accordance with the constitutions of John Fordam, his predecessor, nevertheless the same officials, disregarding such constitutions and monitions, hold at will their sessions weekly in the city of Durham [and] in the vills of Darlington, Newcastle-upon-Tyne and elsewhere contrary to the said constitutions and take cognisance in matrimonial causes and other difficult matters, mentioned in the same constitutions and de jure prohibited, and finally decide them to the detriment of the said constitutions, the manifest usurpation of his episcopal rights and injury of his subjects. The prior therefore commands him to inhibit the said officials, and the prior similarly inhibits him from exceeding the praiseworthy ends of the constitutions in their sessions, convocations and chapters and especially in their taking cognisance of causes to the usurpation of the aforesaid jurisdiction against the same constitutions and duly carry [them] out as they are bound under penalty of law and of greater excommunication, mentioned in the same constitutions. In the event they neglect to obey John Forster's, nay the bishop's, monitions, he is to cite or cause to be cited those who are negligent or resistant to appear before him or the auditor of causes of the bishop's court of audience on the eighth day after their citation (if a law-day), otherwise on the next law-day then following, wherever the bishop then was within his diocese, when he or his auditor should happen to sit at the tribune at the customary hour of causes to render justice. They are to put forward reasonable cause (if any) why he ought not in law to proceed to graver [penalties] against them, and to do what is consonant to right and justice.
Date: 5 November 1496.
f.48r   30 November 1496
Quittance by Thomas, prior of Durham to the prior of Brinkburn for 3s 4d for the terms of Pentecost and Martinmas last past by reason of a certain yearly pension owed to the prior and chapter of Durham from the church of [Long] Horsley and customarily paid from of old to the office of sub-sacrist of Durham.
Date: Durham, 30 November 1496.
f.48r-v   15 December 1496
Memorandum that on 15 December 1496 in the prior of Durham's chapel of St Nicholas in the presence of the notary public and witnesses written below, Thomas Heseld' (?Hesold) of Linton, Yorks., esquire, took from Thomas, prior of Durham the tithes of corn, wool and lambs of the parish of Eastrington for the term of six years, with the term beginning at St Mark then following the date of the presents, to last uninterruptedly to the end of the six years immediately following, rendering yearly £22 to the prior and his successors and forthwith to the office of bursar of Durham at St Cuthbert in March [20 March] and in September [4 September] in equal portions, as is conditionally and expressly contained in one pair of the indentures between the prior and Thomas. The notary has seen and read these indentures, {along} with one bond concerning them, and found them sufficient both in tenor and writing and without fault, and was present at their sealing and exhibiting. Thomas, and with him Christopher Aslakby, chaplain, and Christopher More of Durham, plumber, were obliged by this bond to make payment yearly to the prior and his successors at the said terms and both Christophers have given guarantors for £100 before the notary and witnesses, namely, Richard Claxton', literatus, Hugh Holand'.
f.48v   11 January 1497
Grant by Thomas, prior of Durham to John Bedik with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which John Whitfeld' lately held when alive, for the term of his life. He is to receive what any brother or sister thereof receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or marry again without having sought and obtained licence from the prior and his successors, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 11 January 1496/7.
f.48v-49r   26 March 1497
Grant by Thomas, prior of Durham to John Forman with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Richard Swan lately held when alive, for the term of John's life. He is to receive what any brother or sister, staying within or outside the infirmary, receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or marry again without having sought and obtained licence from the prior and his successors, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 26 (followed by blank space) March 1497.
f.49r   March [?1497]
Grant by Thomas, prior of Durham to John Foster with the consent and will of his fellow monks, of a corrody in the Maison de dieu, which Agnes, his wife, lately held when alive, for the term of his life. He is to receive what any brother or sister thereof, staying outside, receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or resort to another marriage without having sought and obtained licence from the prior and his successors, the prior wills that he be deprived in perpetuity of all and sundry thus granted to him.
Date: Durham, (blank) March 149(blank).
f. 49v-50r   20 April 1497
Proxy by Thomas, prior of Durham, to Thomas, archbishop of York (etc.) or his deputed lieutenants or commissaries in the convocation of the clergy of the diocese and province of York, to be held at York minster on 26 April, as is asserted, appointing Mr Richard Nyke, D.Cn. & C.L., Edmund Cowper, Lic.Cn.L., and John Underwood, LL.B., advocate of the consistory court of York, as his proctors (etc.), with general and special authority and mandate: to appear on his behalf at the said convocation until its conclusion and to excuse his absence and put forward, make known and, if necessary, prove the reasons for it, as well as the grants, liberties and privileges granted to him and the monastery of Durham by the kings and princes of the realm and the archbishops of York; to treat with the said archbishop, his lieutenants or commissaries and the clergy, to agree to and, if necessary, to dissent from, any lawful ordinances [and] injunctions; and to treat, conclude and grant what God has permitted to be ordered there for the advantage of the English church; since he was prevented from attending in person because he was occupied with the repair or rebuilding of his keeps, manors, lands and tenements in Northumberland, lately destroyed, burnt and levelled by the incursions of the Scots, and with defending and fortifying them, part of the realm of England and his cells there against the evil intents of the Scots daily lying in wait, and by several difficult matters touching the advantage of the monastery of Durham.
Date: Durham, 20 April 1497.
f.50r   [?1497]
Licence and appointment by Thomas, prior of Durham of his fellow monk, William Dernton, granting licence to hear the confessions of his fellow monks and other religious staying in [Durham] College (Oxford) and to absolve them, with the absolving of grace faults reserved to the prior or his deputy. Moreover, [confident] in his circumspection and industry, etc., in accordance with the form used from of old.
(with marginal note: appointment of William Dernton as bursar of [Durham] College Oxford)
f.50r   16 May 1497
Appointment by Thomas, prior of Durham, of his fellow monk, Robert Bailyay, as master of the cell of Farne, committing to him its care and administration in both spiritualities and temporalities, until he has a further mandate from the prior; and commanding all concerned to be answerable to him as master thereof in all and sundry pertaining to the cell. He is to render yearly to the prior a faithful account for all receipts and expenses of the cell.
Date: <?Durham>, 16 May 1497.
f.50r   [16 May 1497]
[Memorandum] that a similar appointment of Richard Evenwod as master of Monkwearmouth was issued at the same time and in the same form etc.
f.50v   28 March 1497
Citation by Thomas, prior of Durham, archdeacon in all churches and chapels appropriated to him and his chapter within Durham diocese, to all and sundry vicars within the bishopric of Durham stating that he recently received on 16 March last past the letters of Richard, bishop of Durham, (in these words “Richard, bishop of Durham, etc.”) in accordance with the mandate to the bishop, which he received from Thomas, archbishop of York (etc.), to cite all and sundry vicars and the entire clergy of his archdeaconry to appear before [the archbishop] or his commissaries in York minster on 26 April next, concerning certain important, difficult and urgent causes to be set forth concerning the state, liberty and benefit of York minster and province, and the king, peace, public good and defence of the realm of England and its subjects. He therefore cites them (whose names are on the back of the presents) to appear before him or his commissaries in the registry of Durham on Monday next after Low Sunday [3 April] at the tenth hour before mid-day, to treat these matters put to them there and to agree to the proctor or proctors to be chosen for them so that he can more fully ?know [ “certificare” ] their consent and will. If anyone should be prevented by infirmity, old age or imbecillity from appearing on the abovesaid day and place, he should send his lawfully appointed proctor to respond on his behalf.
Date: Durham, 28 March 1497.
f.50v-51r   [?1497]
[Memorandum] that a similar citation was issued in the same form to cite all vicars of his jurisdiction within the diocese and province of Northumberland, and they were cited by a certain John Forman, the prior's servant and appointed mandatary in this regard. After they were cited, the vicars agreed to the proctor to be chosen etc. for the diocese of Northumberland; the vicars of his jurisdiction within the bishopric of Durham appeared at his citation in his registry at the tenth hour before mid-day on the day contained in the citation and also agreed to the proctor to be chosen and nominated for them and all others by the entire clergy on the following Tuesday in congregation. On the Tuesday next following, a synod was held in the nave of Durham cathedral, according to custom, and concluded in the Galilee there after the reading of the synodal constitutions before Thomas, prior of Durham, presiding there in the absence of the bishop of Durham, and Mr Richard Nyk, the bishop's official, sitting with the prior. The synod thus finished, Richard Nyk on the authority of the bishop exhibited to the entire clergy assembled there the tenor of the citation from Thomas, archbishop of York, etc., which extended to citing the entire clergy to appear in the convocation to be held in York minster through two legitimate proctors on 26 April then following before [the archbishop]; the clergy was being exhorted to take counsel and choose such proctors and they chose Mr (blank) Walkar, D.Th., within the bishopric and for the same [?bishopric] of Durham, and the rectors of Morpeth for the clergy of Northumberland. No one appeared in this congregation as cited nor had the vicars of the prior's jurisdiction then been summoned nor should they be except by the official of prior of Durham, if they should perhaps have been summoned.
f.51r   1 June 1497
Memorandum that four letters of removal were issued in the form employed from of old, one for sending William Forest' from the monastery of Durham to the cell of Wearmouth, the second for removing John Bynley from Wearmouth to Jarrow, the third for recalling Thomas Typpyng from Jarrow to the monastery, [and] the fourth for sending William Clyff' from the monastery to the cell of <Wearmouth> Finchale.
Date: 1 June 1497.
f.51r-v   13 May 1497
Memorandum [of petition] that on 13 May 1497 a certain (blank) Colson' of Wolsingham, Durham, who, having been detected for theft, seized and held in prison, at length escaped, fled to Durham cathedral to take sanctuary and whilst standing near the shrine of St Cuthbert requested a coroner be assigned to him. John Raket, coroner of the ward of Chester-le-Street, came to him. Colson admitted his felony to him, taking a bodily oath to renounce the realm of England and to leave it as speedily as possible, and never to return. He affirmed this oath at the shrine before George Cornforth', sacrist of Durham, Ralph Bows, knight and sheriff of Durham, John Rakett, Robert Thrylkett, under-sheriff, Hugh Holand, Nicholas Dixon and many others. By virtue of this, all his attire (“ornamenta”) duly belonged to the sacrist and his office; Colson was therefore enjoined to strip off his garments down to his shirt and deliver them to the sacrist. He placed them at the will of the sacrist, who, when he had them in his possession, willingly returned to him all the attire in which he had then been dressed. Colson afterwards left the church and was delivered by the sheriff to the nearest constables and then with a white wooden cross as a fugitive was brought from constable to constable to the nearest seaport to catch a shipwreck [ “naufragium” ?sic for “navigium” ], never to return.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.30-31.
f.51v-52r   23 June 1497
Citation and mandate by Thomas, prior of Durham etc. to the vicar of the church of Heighington stating that since he intends to visit the church of Heighington, its dependent chapels, clergy and people, as pertains to him from his archidiaconal right and is incumbent on his office, he commands him to cite all and sundry chaplains and ministers celebrating or administering divine [services] within the parish of the said church, and from each vill [depending on its size] eight, six, four or three trustworthy men, to appear with the vicar before the prior or his commmissaries in the said church on Tuesday, 27 June, at the ninth hour before mid-day, to receive and submit to the visitation. The chaplains and other celebrating divine [services] are to exhibit and ?show for the peremptory term their letters of ordination and the vicar the title of his incumbency. By letters patents reciting the contents hereof and the names of all those he has cited, he is to take care to certify the prior or his commissaries on the said day and place as to what he has resolved should be done regarding the aforementioned.
Date: Durham, 23 June 1497.
f.52r   [23 June 1497]
[Memorandum] that a similar citation was issued on the same day and year for holding a visitation in the church of Aycliffe at the third hour after mid-day of the same day, which had been held there in the usual manner and form.
f.52r   24 June 1497
Commission by Thomas, prior of Durham, archdeacon etc., to his fellow monk, Thomas Swalwell', B.Th. and the prior's chancellor, and Mr John Walkar, LL.B., with authority: to visit the churches of Heighington and Aycliffe, their dependent chapels, clergy and people; to inquire into, correct, suspend and punish any faults and offences of the churches (etc.); to take cognisance of, proceed and determine in any causes or controversies which should happen to be moved in the visitation; and to do all else necessary and opportune to carry out the visitation, until the prior resolves these powers should be revoked; since he is prevented from attending in person by various, difficult {business} of the monastery of Durham.
Date: Durham, 24 June 1497.
f.52v   12 August 1497
Grant by Thomas, prior of Durham, to William Forest of Durham with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Agnes Durham lately held when alive, for the term of his life; He is to receive what any brother or sister thereof, staying outside, receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or marry again without having sought and obtained licence from the prior and his successors, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 12 August 1497.
f.52v   31 August 1497
Grant by Thomas, prior of Durham to John Barne of Durham with the consent and will of his fellow monks, of a corrody in the Maison de dieu which Agnes Durham lately held when alive, for the term of his life. He is to receive what any brother or sister thereof, staying outside, receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or marry again without licence from the prior and his successors etc., the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 31 August 1497.
f.52v-53r   7 August 1497
Monition by Richard, bishop of Durham to all and sundry rectors, vicars, their farmers and proctors, deans and prebendaries of collegiate churches, or the masters or keepers of the hospitals of his diocese, accustomed to pay the tenth or tenths granted, and their farmers and proctors of his diocese, stating that since tenths, to be paid at the terms appointed, had lately been granted in the convocation of York province for repelling the shameless malice of the Scots [and] for the defence of the church and realm of England and he has according to custom appointed the prior of Durham to collect, levy and receive the tenths throughout Durham diocese, he commands and admonishes them under pain of greater excommunication, which he promulgates against all those not obeying the presents, to pay or cause to be paid to the bearer of the presents, within eight days of having seen the presents, the first tenth granted to the king, due on 1 August, to be paid to him before 1 September next in his exchequer. He commands all and sundry rectors, vicars, chaplains, and those with and without cure of souls, to announce or cause to be announced publicly during mass and other divine (services), whenever required on the part of the bearer, that all those not obeying the presents are excommunicated in their churches. He commits full authority to the prior to absolve those excommunicated.
Date: 7 August 1497.
f.53r   24 August 1497
Inhibition by Thomas, prior of Durham to the curate(s) of Hurworth, Durham diocese, stating that since he has submitted the church of Hurworth to ecclesiastical interdict by reason of the non-payment of the first tenth, lately granted to the king [by] the prelates and clergy of York province in their convocation held in York minster on 26 April last past for defending the church and realm of England and repelling the shameless malice of the Scots, and due to have been paid on 1 August, he inhibits the curate(s) and commands them to inhibit all others from celebrating, or causing to be celebrated, divine offices in the said church, until the prior has been fully satisfied of the unpaid first tenth which is [as aforementioned] in arrears.
Under his seal which he uses in this regard.
Date: 24 August 1497.
f.53rv   28 September [?1497]
Monition by the official of the archidiaconal jurisdiction of the prior of Durham, archdeacon in all churches and chapels appropriated to him and his chapter within Durham diocese, to John Warmouth, curate of the chapel of Muggleswick, stating that since in a certain cause of the violation of an oath, lately pending before him between Alice Hydwyn, plaintiff, and the aforesaid John, the guilty party, lawfully proceeeding by actions before him in judgement, he found it shown and proven that John had recklessly violated his oath and promise made to Alice in a lawful cause and had incurred the stain of perjury, he therefore admonishes and enjoins John, perjuror and violator of his oath, within eight days from the time of this monition to keep or cause to be kept his said promise, thus broken [as aforementioned], and to pay 9d for the expenses, assessed by the official, of the suit, under penalty of suspension from celebrating divine [services] in the said chapel or elsewhere, and even under penalty of lesser excomunnication which he promulgates against John doing the contrary.
Date: Durham, 28 September 14 “etc.”
f.53v   31 August 1497
Grant by Thomas, prior of Durham to Joan Cachersyde, widow of Robert Cachersyde, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which her husband, Robert, lately held when alive, for the term of her life. She is to receive what any brother or sister thereof, staying outside the infirmary, receives, provided she keeps all its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or again contract a second marriage without licence from the prior and his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 31 August 1497.
f.53v-54r   1 September 1497
Grant by Thomas, prior of Durham to Edward Patonson' of Durham with the consent and will of his fellow monks, of a corrody or place in the hospital of Witton [Gilbert] near Bearpark which Joan Bertram, widow of Mr Robert Bertram, lately held when alive, for the term of Edward's life. He is to receive what any brother or sister staying outside the hospital receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or marry again without licence from the prior and his successors, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 1 September 1497.
f.54r   13 September 1497
Grant by Thomas, prior of Durham to William Pawlyn', his beloved servant, with the consent and will of his fellow monks, of a corrody in the hospital of St Mary Magdalene near the hospital of Kepier which Elizabeth Stobs, widow of Rowland Stobs, lately held when alive, for the term of William's life. He is to receive what any brother or sister staying outside the hospital receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or resort to any marriage without licence from the prior and his successors, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 13 September 1497.
f.54r-v   6 August 1446
Notarial instrument recording that William Ebchester, prior of Durham, was present in person and read and interposed the following:
Precautionary appeal by William, prior of Durham stating that with the intention of making a precautionary appeal and, in doing so, of appealing, he declares and puts in writing that although he was and is of good character and unimpaired reputation, not implicated in any notorious offence or any sentences of suspension, excommunication or interdict imposed by man or law, and had canonically obtained the priorate and dignity of the church of Durham with all its rights and appurtenances, nevertheleess from certain probable causes and conjectures he was fearful that his rivals could in future cause him grave injury with regards to his estate, degree, reputation and dignity, he appeals directly to the apostolic see and for protection to the court of York and urgently requests apostles be given to him or drawn up, lest anyone on any authority or mandate, even episcopal, or by any other dignity, jurisdiction or power attempt or cause to be attempted anything prejudicial to him with regards to his aforementioned estate (etc.) by citing, admonishing, suspending, excommunicating, determining, pronouncing, executing, depriving, visiting, inquiring, correcting, punishing, disturbing, bringing durum penale or anything prejudicial, removing him from his administration or office, or imposing or levying pecuniary sums, prohibiting or impeding free entry and egress, seizing, imprisoning, detaining, enjoining or commanding [or] in any way injuring him or those adhering or wishing to adhere to him. The prior submits himself, his dignity and all his adherents to the protection of the said see and court. He protests that he ?may wish to add to or detract from the present appeal and to render it in a more suitable form for an appropriate place and time.
Witnesses: John Bynchestre, chaplain, William Kelinghall', John Hexham and William Bolton, literati, of York and Durham dioceses.
Done: in the chapel of St Nicholas, commonly called the prior's chapel, in the monastery of Durham, 6 August 1446.
f.54v   1 January 1498
Quittance by Thomas, prior of Durham to the master and scholars of Balliol Hall [Oxford] for a yearly pension of 10s for the terms of John the Baptist [24 June] and Christmas, owed to the prior and monastery [of Durham] by reason of the appropriation of Longbenton, and assigned on the authority of the ordinary.
Date: Durham, 1 January 1497/8.
f.54v   [?1497]
Memorandum that the appointment of William Darnton' and Richard Herington', scholars of Durham College Oxford, as bursars thereof and also confessors of the fellow monks and other religious staying there, was issued in the manner and form of the appointment of Thomas Dun and Robert Strother, previously entered in the same register on f.50 preceding.
[The appointment of Dun and Strother is actually on f.39rv whereas f.50 contains the appointment of William Dernton as bursar.]
f.54v-55r   17 October 1497
Inhibition by Thomas, prior of Durham to the curate(s) of the collegiate church of Chester-le-Street, Durham diocese, stating that since he has submitted the church of Chester-le-Street to ecclesiastical interdict by reason of the non-payment of the second tenth, lately granted to the king by the prelates and clergy of York province in their convocation held in York minster on 26 April last past for defending the church and realm of England and repelling the shameless malice of the Scots, and due to be paid on 1 November, he inhibits the curate(s) and commands them to inhibit all others from celebrating, or causing to be celebrated, divine offices in the said church, until he is fully satisfied of the unpaid tenth which is (as aforementioned) in arrears.
Under his seal which he uses in this regard.
Date: 17 October 1497.
f.55r   [November 1497]
Citation and mandate by Thomas, prior of Durham, archdeacon in all churches and chapels appropriated to the chapter of Durham, to the curate(s) of the church of [Bishop] Middleham stating that since he intends to visit the church of [Bishop] Middleham, its dependent chapels, clergy and people, as pertains to him from his archidiaconal right and is incumbent on the said office, he commands him to cite all and sundry chaplains and ministers celebrating or administering divine [services] in the said church and from each vill [depending on its size] eight, six, four or three trustworthy men to appear with him before the prior or his commissary, one or many, on Monday, 20 November at the ninth hour before mid-day, to receive and {submit} to his visitation. The parish chaplains and others celebrating divine [services] are to exhibit and ?show for the peremptory term their letters of ordination and the curate(s) the title of his incumbency. By letters patent reciting the contents hereof and the names of those he has cited, he is to take care to certify the prior or his commissaries on the said day and place as to what he has resolved should be done regarding the aforementioned.
Under the seal of his officiality.
Date: Durham (blank) November 1497.
f.55r   [?November 1497]
[Memorandum] that similar citations, one for visiting the church of Billingham, the second for the church of Hesleden, the third for the church of Dalton[-le-Dale], the fourth for the church of Pittington and the fifth for the church of (Kirk) Merrington, were issued in the form previously used.
f.55r   [?November 1497]
Memorandum that a commission for such a visitation was issued to Th[omas] Swalwell' and Mr John Walkar in the form recorded above and on the date as above etc.
f.55v   4 November 1497
Sequestration by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in [North]allerton and Allertonshire, to Christopher Symson, parish chaplain of [Kirby] Sigston, Richard Layton, William Benkys (?Beukys) and Thomas Badyson of the same parish, stating that from the report of trustworthy men it has come to his hearing and especially had been detected in the last visitation held there before his commissaries that a certain Ralph Snydale, present rector of [Kirby] Sigston, in taking himself to remote places has left his said church derelict and unserved and has neglected to reside there in person, as he is bound. In his absence the manse or rectory there threaten to fall down and are in every respect ruinous. The prior, wishing (as he is bound) to have regard for their benefit and unwilling any longer to endure them unrepaired, has for the aforementioned causes sequestrated by decree the profits, revenues and all other moveable and immoveable goods, in whosesoever hands they are. He commands them to announce publicly in the said church during mass that the revenues, income and any other goods pertaining to the rector have been sequestrated by him, inhibiting all and sundry from presuming to lay hands on any goods thus sequestrated under penalty of greater excommunication and committing to them the keeping of what has been sequestrated, to keep it safely and securely, until they have another mandate from him. If all of them are unable to be present when these are carried out, they may be carried out by two or three of them.
Date: Durham, 4 November 1497.
f.55v
At lower right foot of page: the ?twenty-ninth day.
f.55v-56r   [?1497]
Grant by Thomas, prior of Durham to Roger Laverok (?Lanerok) of Fenham near Holy Island, with the consent and will of his fellow monks, of a corrody in the hospital of St Mary Magdalene near the hospital of Kepier, which Alice ?Laverok, his wife, lately held when alive, for the term of his life. He is to receive what any brother or sister, staying within or outside the hospital, receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or resort to another marriage without lience from the prior and his successors, then the prior wills that he be deprived in perpetuity of all and sundry thus granted to him.
(With marginal note: corrody granted to Roger ?Laveroke, deceased, but now diverted ( “occupatur” ) by William Brown for the relief of boys)
f.56r-v   [?1497]
Commentary on Magna Carta quoting the statute of freeholders by military service, as from the beginning of the Magna Carta (c. 2) of Henry III, king of England:
If any of our earls or barons or others holding of us in chief by knight service shall die, and his heir is of full age and owes relief, he shall have his inheritance by payment of ancient relief, namely, the heir or heirs of an earl £100 for a whole earldom, the heir or heirs of a baron 100 marks for a whole barony, the heir or heirs of a knight 100s at most for a whole knight's fee, and he who owes less shall give give less according to the ancient usage of fiefs etc. It should be known that this preceding statute has to be understood about a whole knight's fee and any part thereof, [whether] mentioned or not in such an heir's charter, whether this fee or any part thereof is of substantial or little annual value. Likewise, if any heir, owing relief to his lord having regality, held his lands from the same chief by knight service, provided that neither a whole knight's fee nor any part thereof was mentioned in the heir's charter, then the heir shall pay for the relief of such a fee, whole or divided, according to the size of the annual value of the said lands assessed by inquisition of diem clausit extremum of the heir's predecessor, with reprises deducted, namely, 100s for the relief of the annual value of one knight's fee valued at £40 and 50s for the relief of the annual value of half of one knight's fee and thus for the other particulars in descending, by an eighth part of the yearly value of the said lands, to those worth 4d annually, for whose relief he shall render ½d. Although the annual value of one knight's fee sometimes exceeds £40, the relief of such fee shall never exceed 100s. Likewise, if this heir, holding such lands by knight's service, mentioned or {not}, at the same time holds other lands with them in socage or in burgage, then the lord of the chief of such fees will have and receive the farm of all such lands or fees pro rata for the period from the day of the death of the heir's predecessor to the day of delivery to the heir for such lands and the heir's expenses. Nevertheless, he shall render for the relief of those lands which he holds in socage or in burgage double their frank-farm, as if he held them by himself without other lands of knight's fee. Likewise, if anyone shall acquire lands, to be held by himself and his heirs in perpetuity, from any lord having regality, without having sought and obtained licence from the lord, then the lord after inquiry about this alienation can seize these lands into his hands and hold them until such buyer or purchaser of the said lands pays him a fine for this alienation according to the value of the same lands, to be reckoned from the day of the seizing the lands into his hands to its delivery to the buyer by the said lord.
f.56v   3 February 1498
Grant by Thomas, prior of Durham to Joan Willy, widow of John Willy, lately deceased, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which John Bedyke lately held when alive, for the term of her life. She is to receive what any brother or sister thereof receives, provided she keeps all its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery or marry again without having sought and obtained licence from the prior and his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 3 February 1497/8.
f.56v-57r   31 January 1498
Memorandum that three quittances in full payment of the pensions pertaining to the office of chamberlain of Durham, namely, from Hemingbrough, Welton and Walkington, were issued in the form used from of old.
Date: 31 January [14]97/8.
f.57r   3 February 1498
Quittance by Thomas, prior of Durham, to Mr Ellis Bell, prebendary of the prebend of Skipwith in the collegiate church of Howden, for 13s 4d for the terms of Pentecost and Martinmas last past by reason of a certain yearly pension owed to the prior and monastery of Durham from the prebendary of the said prebend and customarily paid at the said terms.
Date: Durham, 3 February 1497/8.
f.57r   10 February 1498
Mandate by Thomas, prior of Durham, archdeacon in all the churches appropriated to him and the chapter of Durham, to the vicar of the church of Billingham, Durham diocese, stating that although God declared the church His house and wished it to be designated a house of prayer not business, and so abhorred commerce being carried out in the temple that He ejected with a whip those selling and buying, indicating how detestable was the offence of those who carry out business [and] other disreputable acts in churches and churchyards dedicated to Him, lately the prior has often heard trustworthy report that in the said church of Billingham, especially in its churchyard, or at least near the churchyard's wall, markets are conducted almost uninterruptedly on every Sunday and feastday and goods publicly put up for sale by persons of either sex and considerable things perpetrated to the contempt of the holy canons, the dishonour of the church and offence of God. Since the constitutions of the holy fathers inhibited and decreed that markets, trade [and] business should not be conducted in any churches or churchyards and, by virtue of obedience and under pain of contempt, it was enjoined upon bishops, archbishops, and their officials or vicegerents to cause this statute to be faithfully observed by ecclesiastical censure, the prior therefore, wishing [as he is bound] to obey such traditions and monitions, commands him publicly and solemnly to admonish in general and [if necessary] in particular all his parishoners of Billingham and its other dependent places [whom the prior admonishes by the presents] lest in future they hold markets, do business [or] put merchandise up for sale in the said church or churchyard under penalty of the interdict of the church and churchyard (which in this document he imposes on them in their localities, if they do not obey the vicar's, rather, the prior's monition). He is also to put into effect the prior's present mandate not once but, if necessary, repeatedly and often on Sundays and feastdays during mass and restrain the people from transgressing the aforementioned under penalty, as is aforementioned.
Date: Durham, 10 February 1497/8.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.ccclxxxix-cccxc.
f.57v   17 February 1498
Letter by the commissary of the bishop of Durham to the chancellor of the monastery of Durham informing him that Richard Jacson, his apparitor, cited a certain Isabel Smyth of the parish of Pittington in the commissary's jurisdiction, apprehended by Richard Jacson on 26 September last past for the offence of adultery, detected by the commissary and his office and publicly denounced within the said parish, to appear before the commissary in the church of St Nicholas, Durham on Saturday next after Michaelmas following (6 October) to be answerable in person for the said offences and to obey the law ( “iuriparitur”), just as he sufficiently confirmed before the commissary.
Date: Durham, 17 February 1497/8.
f.57v   [?1498]
Letter (incomplete at end) by the commissary of the bishop of Durham to Thomas Swalwell', monk of Durham, chancellor and keeper of the spirituality thereof, informing him that Robert Smyth of Lan[g]ley within the parish of Lanchester and Alice Stevenson' of the parish of Hesleden in the commissary's jurisdiction were detected by the commissary and his office and publicly denounced for the offence of adultery on the part of Robert [and] that of fornication on the part of Alice, and he caused them to be summoned and cited by Richard Jacson, his apparator, to appear before the commmissary on a certain suitable day and place before Christmas last past to be answerable in person for the articles touching the aforementioned offences. Robert and Alice, for appearing and carrying out the punishment imposed upon them by the commissary for the said offences committed and confessed by them.
f.57v-58r   14 April 1498
Letters testimonial by Thomas, prior of Durham stating that John Ellys, lately of the parish of Brancepeth, Durham diocese, a man of good reputation and respectable living, took a special oath, as he asserted, of his own volition and after mature deliberation, to offer himself and to fight against the Turks and other enemies of Christ's cross for the defence of the Christian faith, in accordance with the oath taken before the prior. With due and requisite instance he made entreaty to the prior to sign him with the sign of the cross in witness of his praiseworthy intention and to grant him letters testimonial. In acceding to his wishes as just and legitimate, the prior caused John, present in person in Durham cathedral on 13 April 1498 and on bended knee by the shrine of St Cuthbert requesting the sign of the cross be made on his breast, to be signed and branded with the sign of the cross, at least on the right side of his breast, by the prior's fellow monk, Richard Caly, B.Th., his feretrar and almoner. The prior requests all the faithful who see the presents benevolently to take John under [their] protection when he, signed with the cross as aforementioned, in travelling should come to them or their localities, and not to inflict, or allow to be inflicted, anything prejudicial on him in respect to his goods, property or person.
Date: Durham, 14 April 1498.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.cccxc-cccxci.
f.58r   [?1498]
[Memorandum] that similar letters testimonial were issued under the same seal and in the previously written manner, namely, one for a certain John Blenkensop' of Chester[-le-Street], co. Durham, and the other for a certain William Brown' of the parish of Morpeth in the same county [sic] etc.
f.58r   5 May 1498
Citation and mandate by Thomas, prior of Durham, specially deputed by the presidents of the provincial chapter of black monks, last held at Northampton, to visit all and sundry abbots and priors, monasteries and convents of the Benedictine order within the province of York, according to the form of the general council, to the abbot and convent of the monastery of SS Peter and Hild, Whitby, stating that since he intends to visit them in their chapter house on Thursday, 7 June next after Pentecost next, he cites the abbot and all and sundry of the convent to be present on the said day and place before the prior or his commmissaries, and he commands the abbot to forewarn and cite, or cause to be forewarned and cited, all his fellow monks who by right or custom were usually present at a visitation, to appear with him on the said day and place. By letters patent reciting the contents hereof, he is to certify the prior or his commissaries as to what he has done regarding the aforementioned, with the names of all those he has cited.
Date: Durham, 5 May 1498.
f.58r   [5 May 1498]
[Memorandum] that three other citations were issued in the aforesaid form on the aforesaid day and year, namely, one to the abbot and convent of York, St Mary to appear before the said commissaries on Monday, 11 June next after Trinity, the second to the abbot and convent of St German of Selby to appear before them on Friday, 15 June, and the third to the prior and convent of Monk Bretton to appear before them on Tuesday, 19 June.
f.58v   5 May 1498
Citation and mandate by Thomas, prior of Durham, specially deputed by the presidents of the provincial chapter of black monks, last held at Northampton, to visit the abbot and convent of SS Mary and {?Bodwen (sic for Modwen) the virgin} of Burton-upon-Trent, according to the form of the general council, to the abbot and convent of the said monastery stating that since he intends to visit them in their chapter house on Monday, 29 June next (except the 29th was a Friday not a Monday), he cites the abbot and commands him and all his fellow monks who by right or custom should be present at a visitation to appear in person on the said day and place before the prior or his commmissaries. By letters patent reciting the contents hereof and, in a schedule attached hereto, the names of all whom he has cited, he is to take care to certify the prior or his commissaries as to all he has done regarding the aforementioned.
Date: Durham, 5 May 1498.
(With marginal note: “this was not issued”.)
f.58v-59r   2 June 1498
Commission by Thomas, prior of Durham, specially deputed in the provincial chapter of black monks, last held at Northampton, to visit all and sundry monasteries, abbots, priors and convents of the Benedictine order within the province of York, to his fellow monks, William Cawthorn', B.Th., warden of Durham College Oxford, and Thomas Swalwell, B.Th., the prior's chancellor, committing to them authority: to visit the monasteries of SS Peter and Hild of Whitby, St Mary of York, St German of Selby and St Mary Magdalene of Monk Bretton, the abbots, priors, convents and individual monks thereof on the days and places appointed in his letters of citation and also to make inquiry both into spiritualities and temporalities concerning any transgressions and offences and others concerning the business of the visitation, and to correct and punish them; and to do and carry out all else enjoined on him or otherwise fit by right or custom, as if he was personally present there; since the prior is prevented from attending in person by various, difficult business of the monastery.
Date: Durham, 2 June 1498.
f.59r   [?1498]
Proxy by Thomas, prior of Durham to all and sundry fathers of the order of black monks [attending] the provincial chapter thereof to be held by apostolic authority on Monday, 2 July next at Coventry, appointing his fellow monk, William Cauthorn'. B.Th., warden of Durham College Oxford, as his proctor, and granting him full authority and a special mandate: to appear before them on the aforesaid day and place appointed above, to excuse and give the causes of the prior's absence and to swear an oath in that regard; to treat and come to an agreement concerning all and sundry articles proposed by them or the other prelates there present for the honour of the order; to agree to all and sundry which shall be decreed in the chapter by the common counsel of all and sundry present; and to do all else necessary or appropriate for the aforementioned and known to pertain by right or custom to the office of proctor, even if it requires a special mandate; since he is prevented from attending in person by such difficult and urgent business [touching] the state and advantage of the monastery of Durham (whose rule he has).
Date: Durham.
f.59v-60r (foliated 50, with 59 having been erased)   [?1498]
List of churches in the diocese of Durham.
Under the headings of:
the deanery of Durham on Monday: the churches of Gateshead, Jarrow, Washington, Boldon, Whitburn, Monkwearmouth, Bishop Wearmouth, Seaham, Houghton[-le-Spring], Pittington, Easington, Dalton[-le-Dale], Hart, Hartlepool, Castle Eden, Hesleden, Elwick, Greatham, Billingham, Sedgefield, Kelloe, [Bishop] Middleham, [Kirk] Merrington, St Andrew Auckland, Wolsingham, Stanhope, Edmundbyers, Muggleswick, Brancepeth, Lanchester, Whickham, Ryton, Chester[-le-Street], Kimblesworth, Witton [Gilbert], Whitworth;
the deanery of Darlington: the churches of Middleton, Winston, Gainford, Cockfield, Staindrop, Heighington, Coniscliffe, Aycliffe, Darlington, Haughton[-le-Skerne], Hurworth, Dinsdale[-on-Tees], Sockburn[-on-Tees], Middleton St George, Long Newton, Stainton-in-the-Street, Eaglescliffe, Redmarshall, Elton, Norton, Bishopton, Grindon, Ebchester, Trimdon, Rowley;
the deanery of Newcastle[-upon-Tyne]: the churches of St Nicholas in Newcastle, Newburn[-on-Tyne], Heddon, Bolam, ?Whalton [W{h}elton], Morpeth, Stannington, Bedlington, Meldon, [Long]benton, Mitford, Bothal, Tynemouth, Woodhorn, [Long] Horsley, Ponteland, Hartburn, Warkworth;
the deanery of Corbridge: the church of Bywell St Andrew on the same day, the churches of Corbridge, Bywell St Peter, Kirk<haugh> {harle}, Whitfield, [Kirk] Whelpington, Knaresdale, Elsdon, Stamfordham, Corsenside, Chollerton, Warden[-on-Tyne], Ovingham, Haltwhistle, Alston, Kirkhaugh, Simonburn, Slaley, Denton in Gillsland;
the deanery of Alnwick on Wednesday: the churches of Felton, Shilbottle, Lesbury, Embleton, Ellingham, Ingram, Alwinton, Alnham, Holystone, Whittingham, Eglingham, Rothbury, Edlingham, Howick, Hartburn;
the deanery of Bamburgh on the same Wednesday: the churches of Bamburgh, ?Carham [Kirkham], Newton in Glendale, Ilderton, Ford, Norham, Holy Island, Chatton, Chillingham, Wooler;
likewise, the churches of Durham on Thursday: the churches of St Oswald, St Nicholas, St Giles, St Mary in North Bailey, St Mary in South Bailey, St Margaret the virgin.
f.60v   [?1498]
Language:   English
List (incomplete at the end) of the baronets and knights made by the king at the field of Blackheath'.
Under the heading of baronets: sirs Thomas Lovell', Charles Somerset, Reginald Bray, Richard Gilforde, Rhys uppe Thomas, William Trewhit, Robert Hercourt', Richard Heryngton', Thomas Grene, Thomas Terell', Robert Brayton, Nicholas Wawysse, John Sant John', Henry Willyby.
Under the heading of knights: sirs Edward Blount, Thomas Brandon, Henry Taye, Simond Wiseman, Giles of Borgys, William Baron of Barford, Louland [?sic for Rowland] Willesfeld', John Mongomry, Mirylke, Robert Waws, Robert Lovell', Robert Terell', Robert Paton, George Wentworth', John Ferys, Henry Heyn, George Tailbus, John Saymer', William of Suffolk, John Grene, Edward Stanop, Robert Rewrey, Edmond Mendale, John Pecche, John Darell', Thomas Dagby, Robert Constable, John Skipwith, Richard Puddessay, John Savag', Thomas Brysen, Benet Samford, John Denam, Thomas Rotherham, John Awdley, Philip Koke, John Brewton, John Wellement', Thomas de ?Lasanand, John Hongryford, John Tait, mayor of London, John Schaw, sheriff of London, Robert Schafeld, recorder of London.
At the making of these barons and knights there was a battle at the abovesaid Blackheath against the commons, to whom the lord Aldley and his brother, with one who called himself (blank) Smyth.
In upper left corner: 1497.
f.61r   2 May [1498]
Memorandum that two letters of removal were issued in accordance with the form used from of old in this register, namely, one for removing Thomas Duket from Finchale to Farne and the other for Richard Riddell' from Finchale to Farne to stay there.
Date: 2 May “in the year above”.
f.61r-v   [?1498]
Certification by Thomas, prior of Durham, to William, abbot of the monastery of SS Mary and Modwen the virgin of Burton-upon-Trent of the Benedictine order, Coventry and Lichfield diocese, visitor, deputed in the general chapter last held at Northampton, for the monastery of Durham of the same diocese (i.e. Durham) or to his commissaries, one or many; having received on 16 May the following mandate. On the authority of these letters and mandate, which the prior has obeyed, he has caused all his fellow monks, who should be right or custom be present at a visitation, to be forewarned and cited to appear on the day and place appointed therein. He has caused their names to be written in a schedule attached to the presents and has carried out all incumbent on his office.
Date: Durham.
   12 May 1498
Mandate by William, abbot (etc., as above) to the prior and convent of Durham, since he intends, either himself or by others, to visit their monastery, both head and members, on 27 June next in their chapter house at the capitular hour and to carry out all and sundry pertaining to the visitation, he forewarns and commands the prior to cite all his fellow monks, both present and absent, to appear with him before the abbot or his commissary on the aforementioned day and place. By letters patent reciting the contents hereof and, in a schedule attached hereto, the names of all his fellow monks, he is to take care to certify the abbot or his commissary on the aforesaid day, place and hour as to the date of the receipt of the presents and what he has done or resolved should be done regarding the aforementioned.
Date: the aforesaid monastery [Burton-upon-Trent], 12 May 1498
f.61v   15 June 1498
Grant by Thomas, prior of Durham to Alice Ripon', wife of George Ripon' of Durham, with the consent and will of his fellow monks, of a corrody in the Maison de dieu which Christine (written over an erasure) Blenkharne lately held when alive, for the term of Alice's life. She is to receive what any brother or sister thereof receives, provided she keeps all its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or resort to another marriage without having sought licence from the prior and his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 15 June 1498.
f.61v   [?1498]
Grant by Thomas, prior of Durham to William Jacson, his beloved servant, with the consent and will of his fellow monks, of a corrody in the Maison de dieu which Isabel, his wife, lately held when alive, for the term of his life. He is to receive what any brother or sister thereof receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or resort to another marriage beyond the present one without having sought and obtained licence from the prior and his successors, the prior wills that he be deprived of all the aforementioned in perpetuity.
f.62r   7 August 1498
Memorandum that three quittances for the office of chamberlain of Durham were issued in accordance with the form used from of old in this register, in part payment of the pensions of the churches of Hemingbrough, Welton and Walkington for the term of Pentecost last past.
Date: 7 August 1498.
f.62r   1 September 1498
Memorandum that two letters of removal were issued, one for recalling John Grene to the monastery of Durham and the other for sending (in margin: Thomas Holburn') from the monastery to Finchale.
Date: 1 September 1498.
f.62r-63v   8 August 1498
Inhibition and mandate by William Coke, B.Dec., commissary general of Richard, bishop of Durham, to all and sundry rectors, vicars, curates and non-curates, clerks and any other literati throughout Durham city and diocese, stating that although both from common law and praiseworthy custom hitherto practised, lawfully prescribed and peaceably observed, probates and registrations of the testaments and last wills of any of the subjects of Richard, the present bishop of Durham, who die within Durham diocese, and the committing of the administration of such property (even if they died intestate), the auditing of the accounts of such administration and final quittances from them, and the taking of cognisances of causes, which by defendants and legatees or any other plaintiffs against the executors of wills or administrators of property or otherwise on the occasion of any such administration were moved concerning property within Durham diocese at the time of their [?his] death, have by their right as ordinary pertained successively to the then bishops of Durham, the predecessors of Richard, the present bishop, and to Richard (and in future should pertain to them), and all his predecessors in their times from ten to sixty years and more, and since, and also from time out of mind, and the said Richard in his time, by himself, his commissaries and ministers, were on the church's behalf in uninterrupted and peaceful possession of the admitting of probates of wills and last testaments, the proving and registering of the testaments, the committing of the administration of the property of the deceased, even those intestate, the auditing of the accounts of such administrations and final quitting from them, the expediting of them, and the hearing, taking cognisance, deciding and determining of causes which by reason of such property should happen to be moved in Durham diocese among any parties, and thus by themselves and their commissaries and ministers they have admitted probates of wills, proved and registered wills, committed the administrations of such property to the executors named therein and to other suitable persons, audited the accounts of the same administrations and finally quitted such executors or administrators, heard, took cognisance of, decided and determined such causes thus moved, and Richard has done likewise in his time, and presently hears (etc.) causes and peaceably and uninterruptedly carries out all the aforementioned, with the exception of what is written below.
William Coke has lately heard, because rumour has reported it and the fact is well known, that a certain Thomas Swalwell', claustral monk of Durham, who was sufficiently aware of all the aforementioned, and notwithstanding them but in opposition to them, caused and ordered to be cited William Denom of Durham diocese, executor or at least administrator of the property then within Durham diocese which belonged to Mr Thomas Denom, deceased, when he was alive and at the time of his death, in which he [?Swalwell] neither had nor has any jurisdiction in this regard, to appear before him on certain days and places to respond in person to certain articles, to be put (? “abiciend'”sic for “obiciend'” ) to William Denon at his coming by Thomas Swalwell at the promotion of a certain John Tailyour, concerning the impediment of the testament of the said Thomas Denom, and de facto (since he could not do so de iure) heard and took cognisance in the same testamentary cause, as he daily hears and takes cognisance in the same cause, and he proposes, endeavours (as he asserts) and intends to decide and determine the same cause, usurping the jurisdiction of the present bishop, the ordinary, to the considerable injury of the bishop and his jurisdiction.
Unwilling for the bishop's ordinary jurisdiction to be ?diminished by Thomas Swalwell or for him to be deprived of his possession by the same Thomas, William Coke commits to them, separately or together, and commands them under penalty of contempt to inhibit Thomas Swalwell and all others whom right demands be inhibited (whom he inhibits by the presents) from presuming to take further cognisance in the said cause moved de facto against William Denome, as is aforementioned, but to desist from taking any further cognisance in the cause under penalty of law. If any are found refusing to obey their, nay, his inhibition, they are to cite or cause him to be cited to appear before him in the church of St Nicholas, Durham, on Saturday next {after} the citation, if a law-day, or otherwise on the next law-day then following when he should happen to sit before the tribune at the accustomed hour of causes to render justice, to respond in person at his or their coming to certain articles or interrogatories concerning the contempt to William Coke and the bishop's jurisdiction. Having returned the presents, they are to certify him within four days from the date of the presents as to what they have done regarding the aforementioned and how they have executed his present mandate.
Under the seal of his office.
Date: 8 August 1498.
(In margin of f.62r: [This] inhibition [was] unjustly employed against the official of the prior of D[urham] and, since it was as is here evident, it did not therefore take effect, but notwithstanding that, he pursued his matter and at the considerable instance of the matter written below in reconciling himself again to the church etc., as by right was able advantageously to be done. Many things are included here inconsistent with the prior's jurisdiction and truth.
Iin margin on f.63r: ?because it is against the law, namely, that a claustral [monk] exercise jurisdiction.)
f.63v   1 September 1498
Appointment by Thomas, prior of Durham of his fellow monk, Thomas Typping, as subprior of the cell of Finchale, with authority to hear the confessions of his fellow monks who are to stay there for a time and of those sent there for the purpose of walking about, and to absolve them, with the exception of those cases whose absolution the prior considers should be reserved to himself.
Date: Durham, 1 September 1498.
f.63v   1 September 1498
Mandate [by Thomas, prior of Durham] (in margin: to Robert Mody) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he provides him with transport and expenses.
Date: Durham, 1 September 1498.
f.63v   20 November 1498
Quittance by Thomas, prior of Durham, to the abbot of Newminster near Morpeth for 13s 4d for the terms of Pentecost and Martinmas last past by reason of a certain yearly pension owed to the prior and monastery of Durham for the church of Stannington and customarily paid at the said terms.
Date: Durham, 20 November (written over an erasure) 1498.
f.63v-64r   16 November 1498
Quittance by Thomas, prior of Durham, to the prior of Brinkburn for 3s 4d for the terms of Pentecost and Martinmas last past by reason of a certain yearly pension owed to the prior and chapter of Durham for the church of [Long] horsley and customarily paid from of old to the office of subsacristan of Durham.
Date: Durham, 16 November 1498.
f.64r   [?1498]
[Account] of the prior of Durham, by letters patents of R[ichard], bishop thereof (as contained in his letters of certification to the treasurer and barons of the exchequer in the keeping of the king's remembrancer) deputed collector of the first of the three tenths to be paid in Durham diocese to King Henry VII by the clergy of York province in the twelfth year of his reign, namely, the first tenth before 1 September in the thirteenth year [1497], John Bentley, the prior's attorney, as contained in the Memoranda of the thirteenth year, namely, in the attorneyships for Michaelmas, accounts for £217 2s 10¼d; in the treasury £137 13s 4d in two tallies, and in the treasury 71s 1d on 4 July in the thirteenth year [1498]. Exonerated £70 16s, due in the particulars of his account for the same tenth, namely, for various spiritualities and temporalities; for expenses in collecting and levying the tenth, £4 14s at the rate of 8d in the pound, as is contained in his aforesaid grant, as above. Surplus 1d; the prior has in his other account for the eleventh year ?cons 9s 1½d. Quit.
f. 64r-v   [?1498]
[Account] of the prior of Durham, by letters patent of R[ichard], bishop thereof (as contained in his letters of certification to the treasurer and barons of the exchequer in the keeping of the king's remembrancer) deputed collector of one tenth to be paid in Durham diocese, granted to King Henry VII by the clergy of York province in the eleventh year of his reign, namely, of the first half of the said tenth at Martinmas in the twelfth year [1496] and the other half at Martinmas in the thirteenth year [1497], John Bentley, the prior's attorney, as contained in the Memoranda of the thirteenth year, accounts for £203 16½s; in the treasury £131 7s 2d in two tallies. Exonerated £68 10s 8d, due in the particulars of his account for the same tenth for various spiritualities and temporalities; for expenses in collecting and levying the tenth £4 7s 4d at the rate of 8d in the pound, as in the aforesaid grant. Surplus 9s 1½d.
f.64v-65r   [?1498]
[Account] of the prior of Durham, by letters patent of R[ichard], bishop thereof (as contained in his letters of certification to the treasurer and barons of the exchequer in the keeping of the king's remembrancer) deputed collector of [the second of] the three tenths, to be paid from Durham diocese, granted to King Henry VII by the clergy of York province in the twelfth year of his reign, [namely], of the second tenth before 21 November in the thirteenth year [1497] John Bentley, the prior's attorney, accounts for £217 2s 10¼d; in the treasury £139 11½d in two tallies and in the treasury 52s 4½d on 4 July in the thirteenth year [1498]. Exonerated £70 16s, due in the particulars of his account for the same tenth for various spiritualities and temporalities; and for expenses in collecting and levying the tenth £4 14s at the rate of 8d in the pound, as contained in his aforesaid grant, as above. Quit.
f.65r   31 January 1499
Mandate by Thomas, prior of Durham (in margin: to William Warmouth) stating that since he resolved that he should be sent from the monastery, where he presently is, to the cell of Holy Island, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 31 January 1498/9.
f.65r   29 April 1499
Collation by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire, to Robert Buterfeld', chaplain, of the chantry at the altar of St Thomas the martyr in the collegiate church in Howden, York diocese, vacant by the resignation of Thomas Lawson, last chaplain thereof.
Date: Durham, 29 April 1499.
f.65r   30 April 1499
Quittance by Thomas, prior of Durham to the rector of the church of Appleby, Lincoln diocese, for 13s 4d owed to the prior of Durham and the prior of the cell of Lytham and assigned and accustomed to be paid yearly at Easter by the said church.
Date: Durham, 30 April 1499.
f.65v   1 May 1499
Grant by Thomas, prior of Durham to William Pawlyng with the consent of his fellow monks, for George's good service to the prior and monastery of Durham, of the keeping of the prior's wood or park of Rainton, either by himself or his sufficient deputy, receiving annually, by the hand of the prior's officials and others whom this concerns, the wages and fees which a certain George Smyrthwat customarily received in years past, as long as he conducts himself correctly towards the prior and his successors. He grants to George one valet's garment every year the prior should make a general livery, and all bark and branches of trees given to outsiders and the branches of all trees, downed by wind or age, in which timber cannot be found, provided that the trees do not fall down through weather generally, with the bark and branches of all trees, taken up for the use of the prior or his tenants, reserved to him. He commands all his officials and tenants to heed and assist William in these matters known to pertain to that keeping.
Date: Durham, 1 May 1499.
f.65v-66r   [?1499]
Mandate by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire, keeper thereof, to the keeper of the said spirituality, stating that since he intends to visit the churches, prebends and other places of the spirituality and its people, he commands him to cite or cause to be cited all and sundry rectors, prebendaries, vicars, beneficed clerks, any others celebrating divine [services] and the ministers of all and sundry churches, chantries, chapels and places mentioned below and from each vill there (depending on its size) twelve, eight, six, four or two trustworthy men, to appear, either in person or by proctor, before him, his commissaries, one or many, or lieutenants on the days and places contained in the attached schedule. Those holding benefices are to exhibit their titles and letters of their acquisition of their benefices and incumbency. They as well as other parish chaplains and those celebrating divine services are to exhibit their letters of ordination and anything else canonical which they have on their behalf in this regard. He is to admonish or cause to be admonished all and sundry beneficed clerks within the prior's jurisidiction to make provision on the said days and places for the accustomed procurations attached to the jurisdiction to be paid in full. By letters patent reciting the contents hereof, he is to certify him or his commissaries on the days and places appointed as to what he has done regarding the aforementioned and how he has executed the prior's mandate, along with the names of those cited by him.
Date: Durham.
f.66r   [?1499]
Commission by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire, to Richard Caly, third prior, feretrar and almoner of Durham, Thomas Swalwell, B.Th., the prior's chancellor, and Mr John Underwode, LL.B., advocate of the court of York, to visit the collegiate churches of Howden and Hemingbrough and the parish churches of Eastrington, Brantingham, Welton, Walkington, Skipwith and Holtby, with their dependent chapels; to make inquiry, correct, reform, and suspend (etc.) any transgressions and offences etc., as is expressed in other commissions, up until the end etc.; since the prior is prevented from attending the visitation in person by various, difficult business of the monastery of Durham.
f.66v   4 July 1499
Grant by Thomas, prior of Durham to Alice Denand, widow, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which William Cuke lately held when alive, for the term of her life. She is to receive what any brother or sister thereof, staying within or outside the infirmary, receives, provided she keeps all its statutes (etc.). If she should not carry out the statutes (etc.) or commit fornication or adultery or resort to a second marriage, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 4 July 1499.
f.66v   4 July 1499
Commission and appointment by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire, to Robert Marshall, vicar of the prebend of Barmby in the collegiate church of Howden, committing to him his authority, until revoked by the prior, with regards to the choir of the church and to any ministers thereof in the divine offices to be sung and celebrated in the choir and church: to rule and order the offices, to punish and reform the transgressions of any ministers, committed in and concerning the said offices, and their negligence and absence from the choir, and to impose salutary penances on them. The prior appoints him rector of the choir, revoking any of his letters previously directed to him in this regard, and commands the ministers of the church, by virtue of the obedience binding them to the prior, to obey him. He inhibits him from admitting any persons of inferior degree to minister in the same church, unless they are found suitable after diligent examination in reading and song for the ? of the church.
Date: Durham, 4 July 1499.
f.67r   28 March 1497
Citation by Thomas, prior of Durham, archdeacon in all churches and chapels appropriated to him and his chapter within Durham diocese, to all and sundry vicars within his jurisdiction of Northumberland, stating that he has lately received on 22 March last past the letters of Richard, bishop of Durham (in these words “Richard, bishop of Durham etc.”), in accordance with the mandate which the bishop received from Thomas, archbishop of York, to cite all and sundry vicars and the entire clergy of the prior's archdeaconry to appear before [the archbishop] or his commissaries, one or many, in York minster on 26 April next, concerning certain important, difficult and urgent causes to be set forth concerning the state, liberty and benefit of the realm of England, York minister and province, and the king, the peace, public good and defence of the realm and its subjects. The prior therefore cites them (whose names are on the back of the presents) to appear before him or his commissaries in the registry of Durham on Monday next after Low Sunday next [3 April] at the tenth hour before mid-day, or at the second hour after mid-day, to treat those matters there and to agree to the proctor or proctors to be chosen for them, so that the prior can more fully ?know ( “certificare”) their consent and will. If anyone should be prevented by infirmity, old age or imbecillity from appearing on the day and place, he should send his lawfully appointed proctor to respond on his behalf.
Date: Durham, 28 March 1497.
f.67r-v   7 October 1499
Mandate [by Thomas, prior of Durham] [to the warden of Durham College Oxford] stating that since he has resolved that Thomas Bentley, son of Thomas Bentley of Durham, literatus, should be admitted as a scholar of Durham College Oxford (whose rule [the warden] has has at present), provided he is found suitable after examination by [the warden], he commands him to receive Thomas, once he is found suitable and when he should come in person to him and the college, as scholar thereof to some place presently vacant in the college, having first taken a bodily oath.
Date: Durham, 7 October 1499.
f.67v   7 October 1499
Bond by William Bychburn' of Durham to Thomas, prior of Durham, for £40 to be paid to the prior or his certain attorney at Pentecost next. He binds himself, his heirs and executors to pay this.
Sealed with his seal.
Date: 7 October 1499
(with)
Condition (of the bond) if Thomas Bentley, one time son of Thomas Bentley of Durham, literatus, admitted or to be admitted as scholar of Durham College, Oxford, after his admission conducts himself well and faithfully towards the warden and fellow monks thereof, obeys their canonical and lawful mandates, keeps the statutes, ordinances and customs, and the peace among the residents there, and does not do them any injury and remains in the college for three years after his admission before taking a bachelor's degree and does not presume to be made inceptor in arts within seven years of his admission without seeking and obtaining licence from the prior or warden, then the present bond will be null; otherwise it should remain in force.
f.67v   27 January 1500
Grant by Thomas, prior of Durham, to Isabel Cornforde, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, lately held by Isabel Lawson, for the term of her life. She is to receive what any brother or sister thereof receives, provided she keeps all its statutes (etc.). If she should not carry out the statutes (etc.) or commit fornication or adultery or contract marriage beyond the present one, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 27 January 1499/1500.
f.67v   30 April 1500
Memorandum that a letter of removal was issued for William Wermouth from Holy Island to the cell of Lytham, in the previously written form. Another letter was issued for John Thirlkyll' from Lytham to Holy Island in the form previously noted.
Date: 30 April 1500.
f.67v, in the lower margin   c.1500
Note mentioning Robert Fawdon', <William> ?Bydnall', son of Henry, the son of Robert Fawdon of the vill of Newcastle, a merchant.
Between f.67v and 68r
The stubs of four folios, with the remains of writing on them.
f.68r-72v (incl. 69*)   [1500]
Notarized certification to Antonius de Monte, D.Cn.&C.L., papal chaplain and lieutenant for the causes specified below in place of Antonius Floris, bishop of Castellamare [to identify], one of the auditors of causes of the papal palace, on account of the bishop's absence from the Roman curia, specially deputed thereto by the pope by force of a commission-general until the bishop's return, by Robert Selby, literatus of Durham dioc., the bishop's sufficiently deputed mandatory for the following matters, having received on 11 July 1500, the bishop's letters, under the lieutenant's seal and the seal and subscription of Mr Gotschalius Rogge, clerk of Cologne dioc., N.P. by apostolic and imperial authority, taken on as a scribe for this purpose, as follow:
informing the auditor-lieutenant that having been duly asked on behalf of the prior and chapter of Durham to execute the letters, not wishing “mandatum apostolicum et vestrum comminentibus” (no such word?) “oculis intact' pertransire”, having taken on the notary Mr John Whitehede and the witnesses, amd descending with suitable speed upon the township of Howden with the notary and witnesses, on 15 July he cited William Stewerd of Howden, chaplain, found in person in the chapter-house of the collegiate church of Howden, to appear before Antonius de Monte or his substitute (&c, as in de Monte's mandate, above), handing to William Stewerd' a true copy of the auditor-lieutenant's letters in the presence of the said notary and Anthony Hawme of Howden, chaplain, and John Carter, literatus, of York dioc.; and that on 17 July he served an inhibition upon Thomas Metcalf, self-styled commissary of the said Mr Martin Colyns, official aforesaid, in person in the house of Mr Richard Latoner, N.P., in the city of York, before the witnesses John Rotheley and Frederick Freys, literati, sojourning in the said city; and that \on 18 July/ he served an inhibition upon Mr Martin Colyns, official of the court of York, found in the hall of his principal residence within the close of York minster, that he should not presume to attempt anything (&c, as in de Monte's mandate, above);
and, without pause, by force of the auditor-lieutenant's apostolic letters of compulsion, likewise directed to him for execution, and having been requested on behalf of the prior and chapter, he required and warned the same Mr Martin to show and deliver, in the form of notarial instruments, all written evidence in his records touching the cause or causes in question to the prior and chapter or their lawful proctor or to him in their name; with which done, Mr Martin refused to read, examine or hear the letters of compulsion presented to him, with a true copy thereof, but granted that copies of the documents touching the cause or causes in question be exemplified in due form and delivered to the prior and chapter, and sent Robert Selby to Mr William Rokysby, his commissary, seated in judgment in York minster, to show him the said letters of compulsion, which was what he did; whereof a true copy was compared and judicially shown before the commissary, and it was left and remains there now; before the witnesses Mr John Undirwod', LL.B., Robert Cheston', N.P., and John Carter, literatus, of York and Durham diocc.; the tenor of which letters of compulsion being as follows:
Letters of compulsion by Antonius de Monte “ut infra patet” (the first two citations have been entered in the wrong order, as indicated in the margin by the letters B and A with the symbol _ between them)
and having been thwarted thus in his intent on the morrow, \the last day/ of August he cited Mr John Martok, canon and prebendary of Saltmarshe in the collegiate church of Howden, at his stall in the said church, also at the lodging or manse of his prebend there, and then by public citation openly affixed in the doorway of the said church, and with a copy of the letters of citation \and inhibition/ left there, since John was not found and the mandatory might not safely or readily pass to his whereabouts, nor was certain where he might have his presence, to appear before the auditor-lieutenant (&c) for his interests, if such he had or claimed to have, by reason of his prebend, to answer to the prior and chapter (&c); before the witnesses George Taylbus, chaplain, of the city of York, and Frederick Freys, literatus, of the same city; and further, on the <29> penultimate day of August, the mandatory required \by the said authority [given]/ to him \and after many and varied requests oft made herefor (i.e. for the documentation described below)/ one Mr John Deyce, N.P., scribe and registrar of the said official of the court of York, found in his dwelling-house, and with a suitable fee having been offered to him for his efforts, to hand over to the prior and chapter all and sundry the transacted legal actions and the whole process held before the said official in the said court of York after the sentence given in the principal cause and howsoever concerning the appeal interposed at the apostolic see on behalf of the prior and chapter and certain grievances on account of which [the appeal] has been repeatedly lodged at the apostolic see, remaining in the registers of the said court or with the said official (at that time absent from the city of York) at his usual place of residence, according to the form and effect of the said papal letters of compulsion; and Mr John handed over to Robert Selby the said proceedings in the principal cause between the said parties held in the court of York, brought into the form of a public instrument under the seal of the official and Mr John's own sign and name;
and Mr John, conceding that he was prepared to [hand over] all acts, enactments and proceedings held, borne and innovated before the official and his commissaries in the court of York between the said parties and interposed at the apostolic see after the sentence given in the principal cause and the appeal, nevertheless claimed he had orders to the contrary from the official, and refused to hand over those things asked for as above; on 1 September he, the mandatory Robert Selby, passing to the township of Bugthorpe, York dioc., \by force of the auditor-lieutenant's letters of compulsion/ repeatedly required Mr Martin Colyns, official aforesaid, who was in a certain field by the same township, to hand over all transacted legal actions and proceedings held and carried before him and his commissaries in the court of York, between the said parties, to the prior and chapter or their proctor or to the mandatory in their name, in the form of a public instrument; the official refused to hand over or to permit the transacted legal actions and proceedings, instruments and letters of execution [of the lawsuit] held before him in the court of York after the sentence given in the principal cause and manifestly concerning the appeal interposed at the apostolic see on behalf of the prior and chapter and touching certain grievances, on account of which [the appeal] has been repeatedly lodged at the apostolic see, to be handed over; and the mandatory cited the official to appear eighty days after citation (&c); “in quorum omnium et singulorum &c ut patet fol. seq.” ;
and thus frustrated in his intention he passed to the collegiate church of Hemingbrough on 1 September where certain letters or a mandate of the said official, as was said, concerning the said transacted and appealed legal actions, had been executed and left in the south part of the said church by Mr Thomas Babthorpp', provost of Hemingbrough, and Robert Marshall', vicar of the prebend of Barmby in the church of Howden, to whom the mandate to be executed had been committed by the said official for execution; and the mandatory asked them, Mr Thomas and Robert being there present, whether the official's said mandate remained with them or with either of them in its original form or in any other authentic form; and they said that they had published the mandate in the said collegiate churches on the instruction of the official, after which they had handed it to William Stewerd', keeping a true copy of the same with themselves, which true copy Mr Thomas and Robert showed to the mandatory in the presence of the notary and witnesses, having sworn that it was a true copy of the said mandate or letters executory, as follows:
and on the same day, in the afternoon of 1 September, the mandatory (though dating clause and notarial eschatocols follow, the narrative of the certification stops abruptly at this point).
Witnesses: “the abovenamed, always present”.
Notary: John Whitehede, clerk of Coventry & Lichfield dioc., N.P. by apostolic and imperial authority (eschatocol recited, showing extensive corrections and describing the physical form of the instrument).
Date: on the days and months aforesaid, Pont. 8 and 9 Alexander VI.
68r-69*v   24 March 1500
Notarized mandate by Antonius de Monte, lieutenant of Antonius Floris, bishop of Castellamare,
dated Tuesday, 24 March 1500, Pont. 8 Alexander VI.
A copy of the mandate by Antonio de Monte recited below, f.95r-97v, which is more fully calendared. The witnesses' surnames appear here as Tiuillet and Denkys.
f.72r-v   13 November 1499
Mandate by the official of the court of York to Robert Marschall', vicar of Barmby in the collegiate church of Howden, and to all vicars of the collegiate churches of Howden and Hemingbrough, and to all other rectors, vicars, chaplains, curates and non-curates, clerks and literati in the province of York, stating that it has been shown on behalf of William Stewerd' of Howden, chaplain, that although he appealed directly to the apostolic see and to the court of York for protection from certain injuries and from a pretended definitive sentence pronounced by Mr William Cooke, pretended subdelegate of the abbot of Newminster, alleged delegate, in a certain cause of appeal on the part of the prior and chapter of Durham interposed at the apostolic see against a definitive sentence given against them in the said court of York on behalf of William Stewerd', and obtained revocation of all injuries attempted after and against their appeal; and by authority of the court of York William Stewerd' arranged that Mr William Cooke be inhibited lest, with this cause of appeal pending at the Roman curia, he attempt anything to his prejudice; nevertheless, Mr William Cooke, pretended subdelegate, notwithstanding the foregoing, proceeding against William Stewerd' de facto since he could not de jure, unjustly excommunicated William Stewerd', over whom he had no jurisdiction, declared him excommunicate, and wrongly threatened to aggravate this sentence; and, since the official finds that Mr Cooke has carried the sentence of excommunication upon William Stewerd' contrary to both the order of law and the official's inhibition, [in] manifest contempt of the apostolic see and the court of York, he absolves William Stewerd' from this pretended sentence of excommunication, and orders them to declare publicly that William Steward' has been absolved by him, and also inhibiting them, on pain of contempt, from executing any letters or sentences directed or committed to them by Mr William Cooke, or another representing themselves as delegate or subdelegate in that regard, against William Stewerd', with the cause of appeal pending in the Roman curia.
Date: York, 13 November 1499.
f.73r-84r   30 August 1500
Notarial instrument recording that Thomas, prior of Durham, appeared, on his own behalf and that of the chapter of Durham, and asked the notary to draw up, show and hand over to them or their proctor, for a suitable fee, one or more public instruments, upon all and sundry legal actions transacted and the whole of the proceedings sometime held before the late Mr William Cooke, then official of the bishop of Durham and commissary or subdelegate of Robert, sometime abbot of Newminster, who was the judge delegated, along with colleagues, by the apostolic see, as expressed in his papal letters obtained thereon, including a clause stating that they, or two or one of them, [should preside] in the case of an appeal between the prior and chapter of Durham, appellants, on one side, and William Stewerd' of Howden, chaplain, the appealed, on the other side, which remain in the hands of the notary and, for various reasons, as he claimed, concern his and the chapter's right; wherefore, considering the request to be reasonable, and since William Cooke, who had most responsibility for these proceedings, had died, he has faithfully extracted and copied the following public instrument from the notes and protocols of the said proceedings, nothing added or changed which might alter the substance of fact or vary its intention in any way.
Witnesses: John Rakett and John Clerves, gentlemen, literati of York and Durham diocc.
Done: St Katherine's chapel by the manor-house of Bearpark, 30 August 1500.
f.73r-84r   25 June 1499
Notarial instrument recording that before Mr William Cooke, B.Dec., principal official of the consistory court of Durham, seated in judgment, Thomas Swalwell, monk of Durham, proctor of the prior and chapter thereof, showed his letters of Proxy \ “as appears on folio 41 in the large register”/ (Register V lacks f.41 of its original foliation) sealed with green wax, and took on the burden of this proxy; he then showed certain letters of delegation or commission by the pope Alexander VI, which lacked any suspicion, directed to Robert, abbot of Newminster by Morpeth, deputed as judge delegate in the causes described in the letters, along with his colleagues in this regard, including the clause “ye, two or one of you”, and the said abbot's letters of commission or subdelegation, directed to Mr William Cooke, the contents of both of which letters appear in Register V, folio 54 (now f.47v-48r), and besought Mr William Cooke, seated in judgment, to take on the burden of execution of the letters of subdelegation, or papal rescript, and proceed according to the form thereof and according to past proceedings held by the abbot; and, after the notary, Robert Diker, had read out the letters of delegation and subdelegation, Thomas Swalwell showed [a record of] certain proceedings incorporated in a notarial instrument “as appears in Register Five, folio 55” (now 48v) under the sign and subscription of Mr Richard Emerson', N.P. by apostolic authority, and Thomas called upon the said official to order the notary to enter these proceedings in the book of his acts; William Cooke, considering the request reasonable and wishing to execute the papal rescript and the letters of subdelegation, took on the burden of their execution, decreed that he would proceed, according to the tenor of the letters and the demands of law, and took on Robert Dyker, the notary, as scribe of things done and to be done before and by him in the execution of these letters; and one Richard Wren of Durham St Nicholas par., literatus, mandatory of the judge-delegate, appeared before Mr William, judge-subdelegate seated in judgment, and brought forward the following citation, sealed in red wax with the seal of the abbot of Newminster:
and Richard Wren, on oath given then and there before the subdelegate, certified aloud that he, on 5 June [1499], cited and inhibited William Stewerd in person in Howden, according to the form of the rescript aforesaid, to appear (&c) as specified in the said citation to answer to the prior and chapter of Durham or their proctor concerning the matters contained in the said apostolic letters and to do and receive what justice demands, and William Stewerd' saw, touched and read the rescript, citation and inhibition, as will appear to the mandatory; and Richard Wren also inhibited Mr Martin Colyns, D.Dec. (&c), in person in the town of [North]allerton, according to the form of the rescript; after which Mr William Cooke, judge-subdelegate, on the petition of one Mr John Undirwodd, LL.B., nominated as first proctor of the prior and chapter, and taking on the burden of proxy regarding the remaining proceedings, ordered William Stewerd' publicly to be declared cited; once this had been done and after waiting a little while for William Stewerd', one Mr John Metcalf, LL.B., advocate of the court of York, as he claimed, proctor in name of William Stewerd appeared, under the following appeal:
and showed his proxy, under the green wax, elliptical and pendant seal of the archdeacon of Richmond, as follows:
and, taking on the burden of proxy, John Metcalfe asked for copies of the original papal rescript, the delegation and commission or subdelegation, the letters of citation and inhibition and the certification thereof, to be ordered and delivered at the expense of the prior and chapter and of William Stewerd equally, in presence of Mr John Undirwodd', [who was] claiming that it ought to be done at the expense of the party asking therefor; and with the consent of the proctors the subdelegate appointed the morrow, namely 26 June, for them to appear before him at 10 a.m. in the church of St Nicholas, so as to inform himself of what the laws require in the foregoing dubious rendition; on which day, before William Cooke, on the bench, the proctors appeared, with Mr John Metcalf standing by his appeal interposed earlier, and, after some debate between them concerning at whose expense the copies ought to be made, the said judge-subdelegate decreed that the copies were to be made and given to the party of William Stewerd' and that the term of forty days following Whitsun were to be assigned to him to put forward dilatory exceptions; the subdelegate assigned the Tuesday following, namely 2 July, at 10 a.m. in the church of St Nicholas, to Mr John Metcalfe to propose dilatory exceptions, and to Nr John Undirwodd' for considering these exceptions; “eodem Magistro Johanne Metcalfe, procuratore et procuratore nomine dicti domini Willelmi Steward omnino dissenciente et protestatur de gravamine et appelland'”, upon which Mr John Metcalfe called upon Mr William Wright, N.P., present in person, to draw up one or more public instruments, in the presence of Mr John Undirwod, who was protesting non-acceptance of the trustworthiness of instruments produced by William Wright because the said William was proctor of William Stewerd' in the principal cause before Mr Martin Colyns and then before Thomas Metcalfe, chaplain, from which the appeal has been made; on the said 2 July, before Mr William Cooke, judge-subdelegate, Mr John Undirwod', proctor of the prior and chapter, appeared in person and accused William Stewerd', chaplain, ofttimes publicly called, at Mr John's petition and by mandate of the subdelegate, long awaited and not appearing, of contumacy; the subdelegate decreed that he would be awaited until 4 p.m. that day, with Mr John Undirwod' protesting against this; 4 p.m. came and the subdelegate, on the petition of Mr John Undirwod', declared William Stewerd, ofttimes called and in no wise appearing, contumacious and in pain of contumacy until further process and the judicial actions successively to be pursued until definitive sentence, notwithstanding the absence or contumaciousness of William Stewerd'; and then Mr John Undirwod', proctor of the prior and chapter of Durham, the proprietors of the church of Brantingham and its dependent chapels of Ellerker and Blacktoft, offered the following written
Libel of rejoinder“&c” (the original of which remains with the register);
after the libel had been read out on the order of the subdelegate [by] Robert Diker, N.P., taken on as his scribe for this purpose, the judge, on the petition of Mr John Undirwod', declared the joining of the issue to this libel; after which, on the petition of Mr John Undirwod', the judge ordered the making of letters of compulsion against Mr Martin Colyns and Thomas Metcalfe for the documentation of the proceedings held by the said Mr Martin and Thomas in the case of despoliation of tithes from which this appeal has been made, the documentation to be sent to the church of Durham St Nicholas by 10 a.m. on 16 July; as follows:
Letters of compulsion by William Cooke “&c” (not recited)
at which time and place the said judge's mandatory Robert Selby, literatus, appeared before the said judge, seated on the bench, and brought the acts of the proceedings held before Mr Martin Colyns and Thomas Metcalfe, pretended judge, on three or four pieces of parchment sewn together and with the name and sign of Mr John Deyce, N.P., registrar of the court of York, keeper of the register and clerk of the acts thereof, and the seal (described) of office of Mr Martin Colyns, official of the said court, (some opening and closing words from the proceedings recited); on the petition of Mr John Undirwod' accused William Stewerd' for his contumacy and, at Mr John's petition, William Cooke declared William Stewerd', often summoned, long awaited and in no wise appearing, contumacious and in pain of contumacy, and assigned the following Friday, 19 July, at 10 a.m. in the same place, to Mr John to appear and set out his opinion concerning the iniquity and invalidity of the said proceedings as judicially shown before the said judge; and on 19 July Mr John Undirwod' appeared and accused William Stewerd' for his contumacy and asked the judge to pronounce him contumacious and in pain of contumacy until further process in this cause (&c, as above); whereupon there was some conversation with Mr John concerning the attitude of the law in respect of the acts and proceedings before Mr Martin Colyns and Thomas Metcalfe, from which this appeal has been made; and, at the request of Mr John, the judge appointed 4 p.m. for setting out all and sundry consistent with the law; when that hour came the judge, on the petition of Mr John Undirwod', pronounced William Stewerd' contumacious (&c, as above), and Mr John Undirwodd' handed over the following written material, kept with the register, as in the followinf instrument:
and that, after inspection of the foregoing by the judge, after it had been publicly read out on his orders, the same being admitted and a second date granted for the pursuit of the appeal, Mr John Undirwod' showed all transacted legal actions led, proposed and proven so far as they were made on behalf of the prior and chapter and asked for a conclusion, for which the judge assigned to him the morrow, namely 8 a.m., 20 July, in the same church; on which date, on the petition of Mr John Undirwod', William Stewerd' was pronounced contumacious (as above) by the judge, who came to a conclusion with Mr John, and 10 a.m., in the same place on the following Tuesday, was given by the judge to Mr John, on his petition, to hear a definitive sentence, confirmatory or invalidatory, being pronounced; at which time and place Mr William Cooke, the said judge-subdelegate in that regard, pronounced William Stewerd contumacious (as above) and, on the petition of Mr John Undirwood' that a definitive sentence of invalidation be carried on his behalf, he read and promulgated the following sentence:
and, at the request of Mr John Undirwood', the judge-subdelegate assigned to the same proctor the Saturday following, namely 27 July, in the said place at 10 o'clock, to hear the assessment of costs; on which day Mr John Undirwood' appeared before Mr William Cooke and accused the contumacy of William Stewerd' (&c, as before); Mr John showed an itemised schedule of necessary and lawful expenses incurred on the part of the prior and chapter in this lawsuit; at Mr John's request Mr William saw, received and read the schedule and assessed the expenses at £28, and Mr John swore then and there to the truth of the expenses; and the judge decreed [the issue of] the following mandate:
and on 7 November [1499] Thomas Swalwell', proctor of the prior and chapter of Durham, appeared before the said subdelegate, seated on the bench, and brought the following certification:
and with these letters of certification having been read out on the order of the subdelegate, Thomas Swalwell' accused the contumacy and rebellion of William Stewerd' because he had not paid the sum to the prior and chapter, or even to their proctor, within the said term of fifteen days after monition; the subdelegate had William Stewerd' called, with which done the said William did not appear either in person or through his sufficient proctor; on the petition of Thomas, the said proctor, the subdelegate, declared William Stewerd' contumacious in writing and ordered him publicly to be declared excommunicate for his contumacy and rebellion, upon which were issued the following mandate:
and on 19 November [1499] the aforesaid Thomas Swalwell' appeared in the church of St Nicholas before the said subdelegate and brought the following certification:
and, after these letters of certification had been read out on the order of the subdelegate, the proctor of the prior and chapter, Thomas Swalwell', accused the contumacy of William Stewerd'; on the petition of the said proctor the subdelegate, in writing, declared William Stewerd', ofttimes called on the order of the subdelegate, long awaited and in no wise appearing, contumacious and in pain of his manifold contumacy pronounced him excommunicate, if communicant, and decreed that he be publicly declared thus excommunicate; he judicially aggravated the sentence of excommunication originally carried against William Stewerd' “the tenor whereof follows in these words as is shown below on folio (no number given)”.
Done: church of Durham St Nicholas, c.10 a.m., 25 June 1499 (and other dates as given above).
74r-75r   [1 June 1499]
Citation and inhibition by Robert, abbot of Newminster, judge-delegate, lawfully deputed by Alexander VI, pope, along with the abbot of Alnwick and the treasurer of Lichfield, with the clause “that ye, two, or one of you &c” in the cause and causes between the parties written below, in the undermentioned manner, to all and sundry rectors, vicars, chaplains, curates and non-curates, clerks and literati, throughout the province of York and wheresoever else they be, having received, in the chapter house of Newminster on 1 June 1499, the said pope's letters of commission or delegation, under a lead bull, unerased, uncancelled, whole and entire and lacking suspicion, lately directed to him on behalf of the prior and chapter of Durham, named as principals in these letters, as in the following bull:
and, after receiving and accepting the letters of commission and having been asked on behalf of the prior and chapter to take on the burden and execution of the commission and order, citation and inhibition upon William Stewerd' of Howden, alleged chaplain of York dioc., principally named as adversary in the commission, and all others having an interest, considering the request to be just, taking on the commission, and intending to proceed according to the force and effect of the letter, having decreed the citation and inhibition against the said William Stewerd' in particular and against whatsoever others in general whom it shall concern, ordering all and sundry aforesaid [the addressees] to cite William Stewerd', priest, and whatsoever others, or to have them cited, in person if they may be apprehended and if safe access to them be clear, otherwise at their dwelling houses, parish churches, and other churches and public places “quibus eos magis conversari contigerit” and, if need be, in York minster, at masses and other solemn services when a great number of people would be present, in a loud and clear voice, such that the citation be likely to come to the attention of those to be cited, lest they be able to claim ignorance of the foregoing in future; summoning those whom the abbot cites by the presents to appear in person or through sufficient proctors, adequately prepared for the cause or causes, with all documentation concerning the same, on the twentieth day after citation by the addressees or any of them, if it should be a law-day, otherwise the next law-day thereafter, before the abbot or his commissary or subdelegate, in the church of Durham St Nicholas at 10 a.m., with continuation of hours, days and places if need be, to answer to the prior and chapter or their proctor concerning all things contained in the commission (&c); informing those cited that whether or not they care to appear in the said term of citation, nevertheless he or his subdelegate will proceed to prosecute the cause or causes of the party attending and having regard for justice, and proceed with all the foregoing, notwithstanding the absence or contumacy of the other party; ordering [the addressees] to inhibit Martin Colyns, D.Dec., bearing himself as official of Thomas, archbishop of York, and Thomas Metcalf', alleged clerk, and William Stuard', pretended chaplain, of Howden and named as principal ex adverso, and all and sundry whom it concerns, whom the abbot also inhibits by the tenor of the presents, from presuming to attempt anything in contempt of the abbot's apostolic jurisdiction or in prejudice of the party of the prior and chapter while the cause and causes are pending undecided before him; otherwise he will take care to bring the whole matter back to its original condition, by means of justice; requiring that they certify the dates of citation and inhibition, and the form, and what they shall have done in the foregoing, to him or his commissary or subdelegate in person or by letters patent incorporating the contents of the presents, along with the present date and place.
Date: “aforesaid” [Newminster].
Another copy: DCD Reg. V, f.47v-48r.
f.74r-v
Bull by Alexander VI, pope, to the abbots of Alnwick and Newminster, and the treasurer of Lichfield “&c”
Recited: DCD Reg. V, f.47r-v.
f.75v
[Precautionary] appeal by him, John Metecalve, LL.B., proctor of William Stewerd', chaplain, stating that he appears under the protestation that he and his said lord, William Stewerd', are constrained by law and not otherwise, and declares it is not his or his lord's intention, through anything said, alleged, asked or proposed, or to be said, alleged, asked or proposed here before the judge to consent to the judge as competent in this regard or to submit to his judgment except to the extent that he and his lord are obliged; and if he should say (&c) any things which appear to be of the opposite to his said protestation, he and his lord will that they be taken as unsaid, and not alleged, nor asked nor proposed; not withdrawing from the foregoing appeal, but rather adhering thereto.
f.76r-v   20 June 1499
Proxy by William Stewerd of Howden, chaplain, appointing Mr John Metcalf, LL.B., advocate of the court of York, and Thomas Water, N.P., proctor-general of the court of York, as his proctors to act in his name in all causes and business, suits and pleas, both appeals and others, brought or to be brought, howsoever concerning him, his person or estate, before whatsoever judges ordinary, delegate or subdelegate, or their commissaries, one or more, giving them general and special power and special mandate (responsibilities listed); promising to approve the result under pledge of all of his goods. Under the seal of the archdeacon of Richmond, commissary-general in the church of York, because his own is unknown to many (with statement by the archdeacon confirming this).
Date: 20 June 1499.
f.78v-79v
Instrument [by him, Mr John Undirwod'] proctor of the prior and chapter of Durham, before Mr William Cooke, official of Richard, bishop of Durham, and subdelegate appointed by Robert, abbot of Newminster and papal commissary in the cause of appeal between the prior and chapter of Durham, appellants, and William Stewerd' of Howden, the appealed, stating that although from the first-appointed time of the appeal against the sentence given in the court of York by Thomas Metcalf', pretended commissary of Mr Martin Colyns, official of the said court, interposed at the apostolic see, with the said cause of appeal not yet totally completed, there appears a lapse of time, as by inspection of certain proceedings sent to the judge from the court of York by force of certain letters of compulsion, nevertheless, his lords the prior and chapter and he, their proctor, ought not to be denied the pursuit of this cause of appeal, and the judge ought not to abstain from having further cognizance in the said cause, because the prior and chapter have taken care to apply all possible diligence to conclude the cause within the July past, and it was not their fault that there was no due decision made during the said month, but rather were they unable, for evident and compelling reasons, to attend to the completion of the cause within June: after the pretended sentence given against them a term of 28 days of the month of July was set by the said pretended commissary for receiving the letters of appeal and, because of distance of places [involved] and the scarcity of messengers passing between [them] they had hardly been able to be prepared within the month concerning the sentence, appeal and petition of letters authorizing appeal; and hindered more because the city of Durham is in the remotest parts of England, in the north towards Scotland, 208 miles and more from the city of London where an assemblage of Italian merchants dwelling in England is only found, by means of whom is business in the Roman curia expedited more suitably and swiftly than through other men; [and] it has been found from practice that the said merchants and others forewarned and sanctioned to dispatch bulls or commissions being obtained in the Roman curia do not agree with appellants at the curia to deliver bulls or commissions to England in less than six months; nor, however much they have applied due diligence to have this favour done, and even if they had had diligent discussion with experts in like matters and composed for £4 of English money beyond nuncios' expenses, they could not have received the rescript or commission before the middle of the following March; and they sent this rescript to the court of York before Lady Day [25 March] last past, to make faith for the prosecution of the appeal according to the form of the letters of its authorization delivered to their proctor in the court of York, 48 miles from the city of Durham; thereafter followed the holy days of Passion Week after which the prior and chapter maintained their efforts in searching for a capable man, expert in the law, to undertake the burden of the apostolic letters, since the abbot [of Newminster] named first in the said letters and manifoldly worn out by old age, could not take on the burden to the extent of personal cognizance, and the abbot of Alnwick, named second in the letters, also exhausted by old age, more than two days away from the bounds of York dioc. and unable to set out from his monastery without difficulty, could not be present at any appropriate place, and the treasurer of Lichfield, named third, long residing away from his cathedral and occupied with great causes and business at the court of Arches in London, could not take the burden upon himself; with such labours and excessive expenses oppressing [them], the Rogation days and Ascension day came, which, and the days up to the following Sunday, are kept as holy days, free from the clamour of causes, according to the custom of the province of York; they kept the following week for holding the annual chapter, celebrated in that week time out of mind according to the constitutions of Benedict XII; Whit-week following, until Trinity Sunday, is also kept free of judicial contest according to the custom of York prov.; (stressing the well-known efforts made by the prior and chapter in the prosecution of the case) and asking the judge, notwithstanding the delay, to declare an indult for his lords and have sufficient time restored to them for this cause of appeal.
f.80v-81r
Definitive sentence of invalidation by him, William Cooke, B.Dec., principal official of Richard, bishop of Durham, and appointed along with the abbot of Blanchland, the prior of Brinkburn, and Edward Stranguays, D.Dec., precentor in Llandaff cathedral, as judge-subdelegate of Robert, abbot of Newminster, the judge-delegate appointed by the apostolic see in the cause or causes below, as expressed in the papal rescript thereon and in his letters of subdelegation, by reason of a definitive sentence unjustly given, as is suggested, in a case of the removal of tithes, between the prior and chapter of Durham, proprietors of the church of Brantingham and its annexed chapels, and William Stewerd' of Howden, chaplain, held first before Mr Martin Colyns, official or commissary-general of Thomas, archbishop of York, and then before Thomas Metcalfe, chaplain of York dioc., pretended commissary of the said official, from which sentence an appeal is pending before him (&c, summarizing the proceedings to date) in which he has seen fit to proceed in this fashion: whereas by the evidence shown in this appeal, which he wishes to be taken as here inserted, he finds the accusation made by the prior and chapter, as expressed in the following libel (not recited beyond “In Dei nomine amen &c”) which he has read through here, to have been proven and established, and finds nothing effectual to have been led, alleged or proven on the part of William Stewerd' which might overcome or weaken the accusation of the prior and chapter; having investigated the whole of the process, with the counsel of jurists, pronouncing definitively that the prior and chapter appealed justly and for just and evident causes and grievances, invalidating and annulling the definitive sentence unlawfully given by the said official and Thomas, the pretended commissary; also declaring null and void the injuries following from the foregoing, contrary to and before their appeal, and William Stewerd, the appealed, to be condemned to the restitution of three-quarters of the tithes arising at the times and places specified in the acts of the first process, to the value of 9s; also imposing perpetual inaction upon the said William concerning the said tithes growing in the said places, and condemning him to pay the costs lawfully incurred by the prior and chapter in this regard, reserving assessment thereof to himself later.
Present: Thomas Schallok, of Durham dioc., Richard Emerson', N.P., “and others in a copious multitude”.
f.82r   7 October 1499
Mandate by William Cooke, B.Dec., official of Richard, bishop of Durham, and commissary and subdelegate appointed by Robert, abbot of Newminster, deputed judge-delegate (with others, his colleagues) by the apostolic see in the cause of appeal interposed at the said see by the prior and chapter of Durham against certain injuries caused by Mr Martin Colyns, D.Dec., official of the court of York, and against a pretended definitive sentence pronounced by Thomas Metecalf, pretended commissary-general of the said official, in favour of William Stewerd' of Howden and against the said prior and chapter, to all rectors, vicars and other chaplains within the provinces of Canterbury and York, having given sentence in the said appeal for the prior and chapter of Durham and against William Stewerd, and condemned the latter to the costs incurred by the prior and chapter in that regard, reserving assessment of the costs to himself and having set the sum at £28 at a date and place for which William was lawfully summoned, ordering them or any of them to warn William Stewerd' to pay the £28 within fifteen days from the time of their monition or to treat with them as he ought, or else, if he should fail to obey their and his monitions, his contumacy, delay, guilt and offence continuing, he intends to compel him to comply by means of ecclesiastical censure; requiring them, or he who shall have received this mandate, to certify him, by the eighth day after serving the monition upon the said William, as to how they or he shall have executed the mandate.
Under the seal of his officiality.
Date: Durham, 7 (poss. not the right date - cf Reg. V, f.50r) October 1499.
f.82v   20 October [1499]
Certification to Mr William Cooke, B.Dec., commissary or subdelegate (&c), by Robert Marschall' of Howden, chaplain, Mr William's mandatory for the things written below, having, on 20 October, received the following mandate by William Cooke “&c”, by authority thereof he warned William Stewerd', found in person within the manor house of the bishop of Durham at Howden on 20 October, to pay the said sum of £28 to the prior and chapter of Durham within the set term, under pain of law.
Under the common seal of the vicars-choral of the collegiate church of Howden.
Date: Howden, 20 October.
f.83r   7 November 1499
Mandate by William Cooke, B.Dec., official of Richard, bishop of Durham, “&c, as in the letters of monition, up to in hac parte factis condempnavimus” stating that he has declared William Stewerd' to be excommunicate and to be denounced as such because he had failed to obey certain monitions committed to him concerning the payment of expenses and of other things adjudged in the said cause; ordering them to declare publicly, in their churches and in others which they serve, that William Stewerd' is thus and has been excommunicated, and to cite the said William Stewerd' to appear before him in the church of Durham St Nicholas on the eighth law-day after citation to show reasonable cause why the subdelegate ought not to aggravate the sentence of excommunication against him, for his growing contumacy and continuing delay, guilt and offence, and further to do and receive what the law demands; requiring them or any of them to certify him, the presents have been returned, at the said date and place, of the date of citation and of what they shall have done in the foregoing.
Under the seal of his officiality.
Date: 7 November 1499.
f.83r-v   11 November [1499]
Certification to Mr William Cooke, B.Dec., commissary or subdelegate (&c), by Robert Marschall', vicar of the prebend of Barmby in the collegiate church of Howden, chaplain, Mr William's mandatory for the things written below, giving notice that on 9 November he received the following mandate by William Cooke “&c” by authority whereof he publicly declared excommunicate William Stewerd', found in person within the collegiate church of Howden on 10 November, and cited him to appear before the subdelegate in the church of Durham St Nicholas on the eighth law-day after this citation and show reasonable cause why the subdelegate should not increase the sentence upon him (&c, as in William Cooke's mandate); and thus the mandate has been executed.
Under the common seal of the vicars of the collegiate church of Howden since his own seal is not known (with a note confirming this added by the vicars of Howden).
Date: Howden, 11 November.
f.84r   28 February 1499
Commission by Richard, bishop of Durham, to Mr William Cooke, B.Dec., appointing him as his principal official, to take cognizance of and proceed with all causes and business whatsoever, opened or to be opened in the bishop's consistories (responsibilities and powers summarised).
Date: castle of Brancepeth, 28 February 1498/9.
f.84v   28 July 1498
Letters [by Thomas Metcalf, commissary-general of the court of York] to Robert Cheston', calling himself proctor of the prior and chapter of Durham, appellants in the suit concerning tithes lately brought and pending before the commissary, between the said prior and chapter and William Stewerd', the appealed, who has appealed to the apostolic see, as he claims, against the definitive sentence given in favour of the said William and against the prior and chapter in the said suit, and asked for letters authorising the appeal, replying (except only that the alleged appeal be from frivolous and contrived causes and, in circumstances prohibited by law, for the purpose of impeding a party's right and the execution of justice) that, on account of reverence for the apostolic see, he has appointed for his lords and him in their name the term dates Tuesday before St Katherine next to come (20 November 1498) to represent his said lords, or him in their name or any other their sufficiently-constituted proctor, for pursuit of their appeal in the Roman curia, and Tuesday after Lady Day next to come (26 March 1499) to certify the official or “us” (Thomas Metcalf) or another president of the court, in York minster, concerning the representation and presentation of this case of appeal, the manner and form thereof; not intending (to confer upon the appeal) by the foregoing that the appeal be dealt with in the said Roman curia unless the nature of the case demands; handing over these things in writing, in place of and representing letters of appeal, to the prior and chapter and to Cheston' in their name.
[Date: 28 July 1498, for which see f.111r, below, where the date for certification is given as Tuesday before Lady Day.]
f.85r-86r   [?1499]
Petition before the abbot of Blanchland, the prior of Brinkburn and Mr William Cooke, B.Dec, principal official of Richard, bishop of Durham, one or more of them, judges subdelegate (in the case and cases of appeals lawfully interposed at the apostolic see against a pretended sentence given by one Metcalf, unreasonably bearing himself as commissary-general of Mr Martin Colyns, D.Dec., alleged official of the court of York, opened between the below-written parties and expressed in the papal rescript obtained thereon) delegated (to the examination of injustice, invalidity, and all injuries contained in the said rescript, and to give a decision thereon) by Robert, abbot of Newminster (judge originally nominated thereto, along with other unnamed colleagues, by Pope Alexander) the proctor of the prior and chapter of Durham says and proposes against William Stewerd', chaplain, of Howden, and against anyone appearing for him before the judges, also against the said pretended sentence and the case of the said William, by whatever better and lawful means he might, that: although the parish church of Brantingham, along with its annexed chapels of Ellerker and Blacktoft, has been united to the capitular mensa of the church of Durham, as it still is, and the prior and chapter have held the church with its rights and appurtenances from the time of this union, and have taken and raised the tithes of both crops and wool and lambs within the bounds of the parish as well as the offerings, obventions and emoluments in the church and chapels, in person and through their agents, nevertheless William Stewerd' of Howden has presumed to take, raise and turn to his own use the whole tithes of wool and lambs in certain places and fields or closes expressed in the process held successively before the said official and Thomas Metcalf, bearing himself as his commissary, and other tithes of crops growing in places in which the tithes belong to the prior and chapter; wherefore the prior and chapter, in seeking that William be condemned and forced to restore these tithes to them or to those persons with whom they had come to an arrangement, brought him to court before the aforesaid official; whereafter the official had proceeded to certain judicial acts between the parties and had admitted and examined certain witnesses partial to William who were by rights not to be admitted or examined, with the proctor of the prior and chapter protesting against the admission; the lawsuit, long held in abeyance, had been committed to Thomas Metcalfe for resumption, hearing and conclusion; however, Thomas Metcalfe, pretended commissary, proceeding wrongly in the suit resumed by him, gave a definitive sentence in favour of William and against the prior and chapter, unfairly condemning the prior and chapter to pay costs, with assessment thereof reserved to himself [Thomas Metcalfe], and unjustly absolving William of their accusation, to the injury of the right of the prior and chapter; feeling themselves unduly harmed, an appeal was made lawfully on their behalf to the apostolic see against the sentence and against other injuries visited on them by the official and Thomas, and letters of appeal were sought at a suitable time and received, which is public knowledge in the cities of York and Durham and the town of Howden and neighbouring places; the proctor of the prior and chapter asks that: the prior and chapter and their party be declared finally and definitively by the judges to have appealed well and lawfully, by rights and for credible reasons; that the aforesaid definitive sentence be annulled; that all injuries brought to the prior and chapter, from the foregoing things and other matters to be set out later at greater length, contrary to this appeal, [be declared] to have been and be unlawful by the judges' arbitration, decree and judgment; that William be pronounced condemned to restore three-quarters of the tithes produced at the places and times specified, and at other times up to this point, if assessed, or else at a value to be certified in the course of this trial; that the prior and chapter be declared restored to the possession of the said places, fields and closes which they had before the interruption attempted by William; that perpetual silence be imposed on William concerning the said tithes; that he be declared condemned and compelled to pay the prior and chapter their lawful expenses incurred in this regard; and that what is right in the foregoing be ordered to be done in all respects; not binding himself to prove all the foregoing, but in so far as they will have shown proof in the foregoing, to that extent should he win the case, saving benefit of law in all things.
f.86v-87r   2 July 1499
Mandate by William Cooke, B.Dec., principal official of Richard, bishop of Durham, and lawfully deputed along with the abbot of Blanchland, the prior of Brinkburn, and Edward Strangwysse, D.Dec., precentor in Llandaff cathedral, with the clause “to you jointly and severally”, as judge-subdelegate in the cause or causes of appeal written below, to all rectors, vicars, chaplains, curates and non-curates, clerks and literati whomsoever within the kingdom of England, since (in the cause or causes of appeals, described in the original letters of delegation and subdelegation, by reason of a definitve sentence unjustly given by the judge [Thomas Metcalf'], as is claimed, in a suit between the prior and convent or chapter of Durham, proprietors or rectors of the church of Brantingham and its annexed chapels of Ellerker and Blacktoft, plaintiffs, and William Steward' of Howden, chaplain, defendant, concerning the despoliation of tithes, first before Mr Martin Colyns, D.Dec., official or commissary-general of Thomas, archbishop of York, and next before Thomas Metcalf', chaplain of York dioc., commissary of the said official, as is claimed by him, the judge from whom an appeal has been made and was lately pending;) proceeding lawfully, he has, on the petition of the prior and convent of Durham, ordered letters of compulsion to be drawn up for the documentation and records of the whole process in the said case of despoliation of tithes, held before Mr Martin Colyns, official, and Thomas Metcalf', judge, from whom the appeal has been made, to be handed over by them [Colyns and Metcalfe] to William Cooke or one or more of his colleagues at the date and place given below; ordering them jointly and severally to warn and induce the aforementioned Mr Martin Colyns and Thomas Metcalfe, and their clerk or clerks of acts in the said case, and any others with whom records of the proceedings remain, to send all acts, enactments, decrees, letters, and the whole record of proceedings made in the said case of despoliation of tithes, authentically and close, in such manner that trust might be placed in them, in court or outside, to William Cook or his colleagues at the church of Durham St Nicholas, on Tuesday 16 July, at 10 a.m. or before, at the reasonable expense of the prior and convent of Durham, to be assessed by William Cook in case they should ask too much for the same acts and record; requiring that he or his colleagues be certified, at the said date, time and place or before, in person or by letters patent along with the presents, as to what they shall have done in the foregoing; wherewith his present apostolic mandate would be executed.
Under the seal of his office of official.
Date: Durham, 2 July 1499.
Another copy: DCD Reg. V, f.49r.
f.87r-88v   10 December 1499
Mandate by William Cooke, B.Dec., principal official of Richard, bishop of Durham, and lawfully-deputed commissary and subdelegate of the abbot of Newminster, delegated, with others, his colleagues, by the apostolic see in the cause or causes of appeal below, interposed at the apostolic see on behalf of the prior and chapter of Durham against certain injuries brought by Mr Martin Colyns, D.Dec., official of the court of York, by a certain pretended definitive sentence against the prior and chapter and for William Stewerd' of Howden, chaplain, given by Thomas Metcalfe, calling himself commissary-general of the said official, to Thomas, archbishop of York, and whomsoever his vicar-general in spiritualities, official, commissaries and ministers, the prebendaries and canons, resident vicars and ministers in the collegiate church of Howden, and all other abbots, priors, deans, archdeacons, provosts, (&c, addressing all categories of clergy, regular and secular in the provinces of Canterbury and York) and to any of them, jointly and severally, since he, lawfully proceeding in the said case of appeal, has given a definitive sentence in favour of the prior and chapter and against William Stewerd', and condemned the latter to pay the costs of the former, which he has assessed at £28, and, because William Stewerd' has failed to obey certain monitions made to him concerning the payment of these costs and other things adjudged by him, he has excommunicated the same William Stewerd' in writing, decreeing that he be declared thus excommunicate; and, notwithstanding the foregoing things, he finds William more contumacious and contemptuous, and more disobedient to his warnings and mandates, turning away from William Cooke's and indeed apostolic jurisdiction and obedience, withstanding the excommunication for twenty days and more after sentence thereof, as he withstands it at present; considering that the penalty ought to grow for growing contumaciousness, lest ease of indulgence allow boldness of wrongdoing, lest William Stewerd' appear to gain advantage from his rebellion, and he, William Cooke, be found inactive and negligent, he is increasing the sentence of excommunication at the instance of the prior and chapter, with justice demanding it, reiterating and renewing the denunciation, and so, by his apostolic authority committing to them and ordering them under pain of excommunication, within three days of being asked on behalf of the prior and chapter, on Sundays and high days and holidays, with the present letters or public edict published and affixed in the doorways of Howden collegiate church and their churches, monasteries and chapels whatsoever within York prov., wheresoever established, to publish and denounce William Stewerd' by name as excommunicate, renewing and reiterating the excommunication during masses and other solemn services, with communicants and particpants (present), except in circumstances permitted by law, and to cause him to be denounced by others and to be more strictly shunned by all Christians, not ceasing from this until ordered otherwise by William Cooke or his superior; prohibiting all and sundry of them, and especially the official and president of the court of York, and whatsoever others of any rank, from obstructing or procuring the obstruction of these letters or public edict, to be affixed at the doors of Howden collegiate church and elsewhere, from removing or defacing the same or causing them to be removed or defaced, from causing impediment to the prior and chapter of Durham, their proctors or the executors of the present letters, so that they might not execute the same, or from giving aid, advice or favour, in person or through others, to those so impeding (imposing penalties for non-implementation of or acting against the foregoing).
Date: Durham, 10 December 1499.
f.89r-91r   [1500]
Notarized letters by Edward Strangwais, D.Dec, cantor in Llandaff cathedral and canon of Lichfield, notifying all to whom the present letters come that before him, on 18 August 1500 in the church or chapel of SS Mary and Cuthbert in Greatham hospital, appeared Thomas Swalwell, S.T.B., monk of Durham and proctor of the prior and chapter thereof, in person, sufficiently constituted as he claimed, holding the following proxy letters, under the seal recognized as the common seal of the prior and chapter of Durham (describing the seal in detail):
and the said Thomas showed him a commission of Mr William Cooke, principal official of Richard, bishop of Durham, under the vesicular, pendant seal in red wax, recognised in the presence of Edward Strangwais; and Thomas, on behalf of the prior and chapter, begged Edward to take on and execute the commission \ “the true tenor of which commission follows: William Cook &c, as above 70” / (the significance of the arabic figure 70 is not immediately apparent); taking on the commission, Strangwais took on Mr John Whitehede, N.P. by apostolic and imperial authority, as clerk and registrar, and, seated in judgment, proceeded to its execution as shown in the following:
the proctor showed Strangwais letters of the appropriation of the church of Brantingham, with its annexed chapels of Blacktoft and Ellerker, to the monastery of Durham, by authority of William, sometime archbishop of York, and with the consent of the chapter of York, for the maintenance of eight monks of Durham and eight scholars studying in the college in the university of Oxford called Durham College, granted under the seal of the said archbishop and with the seal of the chapter of York minster (seals described), recognised before Edward Strangwais; asserting that his lords had to convey the letters, [of] which they did not have duplicates, to a distant place and show them there, which, until brought for exhibiting, might be lost on account of the perils of the roads, asked Strangwais to inspect the letters and, if he found them not to be suspect, to order that they be copied and brought into public form by the said notary, and that as much trust be placed in the copy as in the original; the tenor of which letters follows:
consenting to the proctor's requests, he examined the letters and found them whole and unaltered, and not wanting in any respect but lacking suspicion, and on the proctor's petition and for the reasons set out above he published the carrying out of copying and exemplification, having summoned all whom the copying concerns or might concern in future, according to the custom in Durham dioc., and ordered the said notary to copy and publish the letters, and put them in public form; one Robert Sebby (properly Selby) of Durham dioc. appeared before him when seated in judgment and showed certain letters of compulsion by Antonius de Monte, D.Cn.&C.L., papal chaplain and lieutenant for the causes specified below in place of Antonius Floris, bishop of Castellimaris, one of the auditors of causes of the papal palace, under the lieutenant's seal along with the subscription of Mr Gotschalius Rogge, clerk of Cologne dioc., N.P. by apostolic and imperial authority, the lieutenant's clerk in place of Mr Johannes Pichery, N.P. by apostolic and imperial authority, as follow: (not recited here, but recited in full on f.68r-69*v and 95r-97v) by authority whereof Robert Sebby warned and required Strangwais, the judge or commissary aforesaid, that within 12 days of this monition he should show and hand over the said letters of appropriation, known to concern the case and cases expressed in the said letters of compulsion (the latter remaining with Strangwais) in their original form or a true copy thereof and their original form, put into public form or otherwise under authentic seal and in such a form that full faith could be placed in them in the Roman curia and elsewhere in judgment, to the said prior and chapter or their proctor or to Sebby, for a suitable fee, and to have them copied and exemplified and their seals and notaries' hands recognized, for conveying to the said Antonius or another auditor standing in for him in the said case at the Roman curia, under the penalties contained in the letters of compulsion; wherefore he, as required by the said letters of compulsion, ordered the said notary to copy the said letters of appropriation to be handed over to the said prior and chapter or their proctor without delay, for a suitable fee; wherefore we (incomplete).
Since our seal is unknown, sealed with that of Mgr Roger Layburn, archdeacon of Durham
Witnesses: Robert Bland, chaplain, and George Maleverer, literatus, of York diocese.
Notary: John Whitehede, clerk of Coventry and Lichfield diocese, N.P. by apostolic and imperial authority (eschatol recited)
(Various interlineations, cancellations and insertions.)
f.89r   28 July 1500
Proxy by the prior and chapter of Durham, rectors of the church of Brantingham, along with its annexed chapels of Ellerker and Blacktoft, appointing: Mr William Cathorn', S.T.P.; John Hamsterle, Richard Caly and Thomas Swalwell, S.T.B., monks; Mr John Undirwod', LL.B., Mr William Tong', LL.B., and Mr John Walker, B.Dec.; Mr Robert Cheston', proctor-general of the court of York; and Mr Robert Diker, clerk of the consistory court of Durham, short of recalling any proctors previously appointed by them &c, as shown in Reg. V, fol. 58.
Date: [Durham] 28 July 1500.
f.89v   4 August 1458
Letters by William, archbishop of York, “&c, as shown in the cartulary, fol. 3”.
Date: manor of [Bishop]thorpe, 4 August 1458.
f.91r-92v   5 July 1498
Notarial instrument recording that Mr Robert Cheston', N.P., proctor of the prior and chapter of Durham, made, read and interposed the following:
Appeal by him, Robert Cheston', proctor of the prior and chapter of Durham, proprietors of the church of Brantingham with its annexed chapels of Ellerker and Blacktoft (&c) stating that although the right to take the tithes of corn, hay, chickens, calves, lambs and wool arising within the bounds of the parish of the chapel of Blacktoft has belonged time out of mind, from the time of the appropriation of the said church and its annexed chapels, belongs and ought to belong in future to the said prior and chapter and their monastery, excepting a fourth part of the corn and hay, one William Stewerd' of Howden, chaplain, received, removed without just title, kept from the prior and chapter and keeps now the whole wool and lamb tithes for the years 1495 and 1496 from sheep at pasture in certain places and fields or closes called: Thoretoft, Ferme, Howflat, 3 score acres, 25 acres, 18 acres; Grothes containing 8 acres; Grothez containing 12 acres; Grothes containing 9 acres; Karras feld' 36 acres; in four closes of meadow containing 16 acres; in lez Grothis of meadow containing 12 acres; in lez small Grothes of meadow containing 4 acres lying to the south of Metham in Howdenshire; within the parish of the chapel of Blacktoft, and, though duly asked, he has refused and refuses at present to hand over these tithes to the prior and chapter or to come to an arrangement with them, rashly despoiling the said proprietors and their church with dependent chapels of their possession therein, or ordering or at least agreeing to the despoliation; and although the prior and chapter have taken the same William Stewerd to court, before Mr Martin Colyns, D.Dec., official of the archbishop of York and of the court thereof, concerning the removal of the tithes, and have sufficiently established and proved their case, the said Martin Colyns, not attending to the truth of the case and to the process before him but more than duly favouring the entreaties or worth of William Stewerd', deferred sentence for no little time, although often asked because the matter demanded speed, and refused to give sentence in favour of the prior and chapter; and, with the prior and chapter dissenting, he postponed the term-date for a sentence in the case from day to day without pressing legitimate reason, and at length, against the interests of the prior and chapter, he committed the case to one Thomas Metcalfe, chaplain, for sentencing and ordered him to give sentence against them; this Thomas, claiming to be the commissary of Martin Colyns, not attending to the proof of the cause but only to the orders of the said official, not concerned with the proofs of the prior and chapter but more than duly favouring the depositions, upon directly contrary articles, of certain false and corrupt pretended witnesses on the opposing side, admitted by the said official, in favour of William Stewerd', after the term-date for producing them, when the statements of previous witnesses had been published, with the proctor of the prior and chapter protesting; and what had been produced as proof was not proved but was lacking in proof; and he gave an unjust, alleged definitive sentence, if sentence it deserve to be called, for William Stewerd' and against the prior and chapter, saving the reverence of such a judge, and unfairly awarded costs against the prior and chapter; and appeal has been made to the apostolic see against this sentence on behalf of the prior and chapter and letters of appeal have been sought; wherefore he, Robert Cheston', perceiving his lords to be oppressed by all the foregoing injuries and what might be gathered from them, appeals aloud to the apostolic see and asks for letters of appeal to be handed to him, subjecting himself and his lords and all adhering to him and them to the protection of the apostolic see and the pope, protesting that there are things to be alleged in the case which have not been alleged and to be proved which have not been proved, and that he will alter his appeal and bring it into a competent form if need be and notify it to those having an interest at a suitable time and place, swearing that ten days have not passed since he and his said lords were apprised of the foregoing things, and that he does not know for certain where he would find a judge for appealing in his presence;
written in a paper schedule which he held in his hands
Witnesses: Mr William Tongg', LL.B., advocate of the court of York, Richard Latomer' and William Wright, N.P.s, proctors-general of the said court, of Durham and York diocc.
Notary: John Deyce, clerk of Coventry & Lichfield dioc., N.P. by apostolic authority, registrar and clerk of acts of the court of York (eschatocol recited in part).
Done: York minster, in the place of the consistory court thereof, 5 July 1498.
f.92v-94v   19 July 1499
Notarial instrument recording that Thomas Swalwell', monk of Durham and chancellor of the cathedral church thereof, appeared in person, “&c” as proctor of the prior and chapter thereof, proprietors of the appropriated church of Brantingham and its annexed chapels of Ellerker and Blacktoft, saying that: although his said lords had impleaded one William Stewerd' of Howden, chaplain, before Mr Martin Colyns, D.Dec., pretended official of the court of York, concerning certain tithes of wool and lambs belonging to the prior and chapter by reason of appropriation, the same pretended official (with the proctor of the prior and chapter dissenting) by admitting certain partial witnesses favouring a victory for the said William, by examining the witnesses on contrary articles when the declaration of articles extracted and altered from the libel submitted on behalf of the prior and chapter against William, due previously, had been made, by publishing the witnesses' statements, and by otherwise proceeding wrongly, had unjustly and manifestly done harm, favouring William's party as much as he could; this lawsuit had long been suspended; thereafter he had committed the case to one Thomas Metcalf, chaplain, for decision, as was alleged by him; Thomas, having never seen or read through in whole the acts of the case, proceeding by order of the said official, abruptly and with some deliberation beforehand, gave definitive sentence against the prior and chapter, from which an appeal was made on their behalf at the apostolic see; the appeal was committed by the pope to the abbot of Newminster, with certain unnamed colleagues, under the clause “three of you, two or one”; the case was committed by the abbot, prevented by various reasonable causes from further examination thereof in person, to Mr William Cooke, principal official of Richard, bishop of Durham, with others his colleagues, before whom, on the day set by the abbot in his letters of citation for William Stewerd' to appear in the church of Durham St Nicholas before him or his commissaries, Mr John Metcalfe, advocate of the court of York, and Thomas Wallter, proctor-general of the same court and N.P., proctors of the said William, appointed in writing, along with Mr William Wright, William Stewerd's proctor in the first instance [i.e. the original hearing], appeared; with a term to propose objection and dilatory exceptions assigned to them by the subdelegate [William Cooke], copies having been ordered for them of all and sundry shown on behalf of the prior and chapter in the trial, they objected and contumaciously withdrew, caring not to appear further before the subdelegate; the contumacy of William Stewerd' and his party was accused on the part of the prior and chapter and, with further proceeding in the case requested, the subdelegate, in punishment for contumacy, noting the term-dates requested and examining the merits of the case, pronounced definitive sentence against William Stewerd' in writing; in the meantime the pretended official, at the instance of William Stewerd, procured letters of citation to be directed against the prior and chapter, to answer before him in the court of York concerning the business of a protective appeal, maliciously originated in prejudice of the aforesaid process and the authority of the subdelegate and the apostolic see, at too early a date (within two or three days), during the harvest and vintage festivals beginning in August according to the custom of York prov.; the prior and chapter, rightly fearing by the pretended official for the foregoing reasons and especially because by authority of Robert, abbot of Newminster, judge-delegate, he [William Stewerd'] was inhibited lest anything were attempted in prejudice of the undecided case of appeal such that they would not have free prosecution of their appeal to be completed and that the said proctor asked the notary to draw up instruments, one or more as need be and as appear most useful to him or his counsel, for his lords and himself in their name.
Witnesses: John Nesshe and John Clerke, chaplains, Edward Patonson', literatus.
Done: in the registry of the monastery of Durham, 19 July 1499.
f.95r-97v   24 March 1500
Notarized mandate by Antonius de Monte, D.Cn.&C.L., papal chaplain and lieutenant for the causes specified below in place of Antonius Floris, bishop of Castellimaris, one of the auditors of causes of the papal palace, on account of the bishop's absence from the Roman curia, specially deputed thereto by the pope by force of a commission-general until the bishop's return, to all abbots, priors, deans, archdeacons, scholastics, cantors, wardens, treasurers, succentors, sacrists, of both cathedrals and colleges, canons, rectors of parish churches, or their lieutenants, rural deans, rural subdeans, curates and non-curates, vicars-perpetual, acolytes, other priests, clerks, notaries public, throughout the city and diocese and wheresoever else established, and to those to whose notice the present letters should come, giving notice that Alexander VI, the pope, has caused to be presented to him by a certain papal courier the following commission,
after receipt whereof, and having been asked thereby on behalf of the prior and chapter to see fit to grant them lawful citation, along with inhibition and citation outside the curia, against William Stewerd' of Howden, chaplain, and Mr Martin Colyns, official of the court of York, principal opponents, and all others deeming themselves to have an interest, the auditor-surrogate, noting this just request and wishing to proceed lawfully in the causes between the parties set out in the commission, and to do justice to them, as he ought, requires the addressees of these letters, on pain of excommunication, within six days of presentation or notification of the presents, to cite William Stewerd and Martin Colyns, the principal parties, and any others concerned, in person, if possible, otherwise in their dwelling-houses, if safe access thither be clear to them, in par. Brantingham, in York minster, in the parishes in which they reside, and in other churches and public places where it might be useful, during services of mass and other divine hours when a multitude of people have gathered, and in other places when a multitude has lawfully assembled (providing that it be probable that the citation should come to the notice of those to be cited, lest they be able to show or claim ignorance of the matters foregoing or written below) that, on the eightieth day after citation, if a law day, or on the next law day thereafter, they appear, in person or through their proctor or proctors, sufficiently instructed for such a cause or causes before Antonio de Monte or another of the auditors in his place, seated in judgment to hear causes and do justice, in Rome or elsewhere where the pope will be residing, in the Roman curia, in the palace of apostolic causes, at the customary hour of the morning for hearing causes and doing justice, with all documentation touching upon the case, and answer to the prior and chapter or their proctor in all the aforesaid things presented to Antonius de Monte and contained in the commission, proceeding with the causes until definitive sentence is given and doing what justice demands; stating that [he] or a substitute will proceed with the foregoing whether or not those cited appear on the date set; observing that nothing should be innovated or attempted on behalf of the parties by anyone while the lawsuit remains undecided in the curia; ordering all to whom the presents are directed that, after lawful execution of the citation, they inhibit by apostolic authority the archbishop of York and his vicar-general in spiritualities and temporalities, and the rest of his officials, judges, commissaries, delegates, subdelegates, ordinary and extraordinary, throughout the city and diocese of York, and others, wheresoever constituted, and especially William Stewerd and Martin Colyns, principal opponents, and all others having an interest or who might have an interest in future, of whatsoever name or rank (concerning whom they or any of them might be asked on behalf of the prior and chapter), lest they presume to innovate or attempt anything in the lawsuit pending undecided, in contempt of the apostolic see and to the prejudice of the prior and chapter; and if this should be done, he will take care to revoke all of it and return it to its original state; requiring to be informed by their letters patent or a public instrument, incorporating the contents of the presents, of the date or dates and form of their citation and inhibition and of what they or any of them shall have seen fit to do in the foregoing; reserving absolution of all who incur the auditor-lieutenant's sentence of excommunication.
Under his seal and with the subscription of the notary.
Witnesses: Mr Benedictus Tiolleti, N.P., and Mr Thomas Denkis N.P., of Lyons and Leodiensis diocc., clerks to Antonius de Monte.
Notary: Gotschalius Rogge, clerk of Cologne dioc., N.P. by apostolic and imperial authority, clerk in place of Mr Johannes Pychery, N.P. by apostolic and imperial authority, (eschatocol recited)
Date: the dwelling-house of Antonius de Monte, Rome, Tuesday, 24 March 1500, Pont. 8 Alexander VI.
Another copy: above, f.68r-69*v.
95r-96r
Commission or schedule of supplication to Alexander VI, pope, on behalf of the prior and chapter of Durham, setting out that although the right of taking the tithes greater and lesser, and in particular of wool, from the lands, meadows and titheable places within the bounds of the parish church of Brantingham and the chapels of Ellerker and Blacktoft annexed thereto, by custom inviolably observed of old, should belong to the pope's devoted bedesmen the prior and convent or chapter of Durham, who have been accustomed hitherto to raise and take these tithes; nevertheless, William Steward of Howden, chaplain of York dioc., has unjustly taken and removed some tithes of lambs and wool in the parish, or ordered or approved their removal in his name, to the harm and prejudice of the prior and chapter; the prior and chapter, wishing to protect the right of the church by way of law, impleaded William concerning this before the official of the church of York, and the official, proceeding wrongly, presumed to have a number of suspect, corrupt and suborned witnesses received and examined on oath, after the publication of other examined witnesses, after contrary statements, upon contrary articles, with the prior and chapter gainsaying and objecting; judgment was given in favour of the said William and against the prior and chapter, which unfair sentence was appealed against on behalf of the prior and chapter; the appeal was committed by papal letters to the abbot of Newminster, along with others, his colleagues, and by force of these letters Mr William Cooke, chief official of the bishop of Durham, was subdelegated in place of the abbot, the latter being unable to attend to the case; Mr William pronounced definitive sentence in favour of the prior and chapter, annulled another pretended sentence given by Thomas Metcalf, self-styled commissary, condemned William Stewerd to the expenses, excommunicated him for not appearing, though warned, and ordered that he be publicly declared excommunicate; one Mr Martin Colyns, bearing himself as official of the court of York, with no power but with temerity, absolved William Stewerd from the excommunication, as is said, and ordered all curates and priests of York dioc. not to publish the excommunication; and they do not omit to threaten to have Mr William Cooke and the prior and chapter excommunicated, in contempt of the apostolic see and to the prejudice of the prior and chapter; from which injuries, threats and mandates, and other things specified at greater length in the appeal, an appeal has been made on behalf of the prior and chapter to the apostolic see (there being nowhere better for such a case &c) that the pope should deign to commit the cause and causes of appeal and the appeal of the invalidity and injustice of all and sundry done by Mr Martin, self-styled official in the principal business, also of the pretended appeal interposed on behalf of William Stewerd' against certain pretended injuries done to him by Mr William Cooke, to any papal auditor of causes for these cases to be heard and decided, with power to cite William Stewerd', Martin Colyns and all others deeming themselves to have an interest and to decree, denounce and inhibit in executing the citation, and provisionally to absolve the prior and chapter if proceedings had been taken against them on the foregoing account, notwithstanding that these cases may perhaps not lawfully have devolved upon the curia nor by rights be handled there, and notwithstanding other things to the contrary. (At the end of this commission was found a double signature by mandate of the pope: “the bishop of Castellimaris should hear, cite as asked, provisionally absolve, in person or through another, if and according as he should act lawfully and justly”; the second was thus: “Our lord the pope agrees: Jo: cardinalis Alexandrinus”.)
f.97v   30 August 1500
Mandate [by Thomas, prior of Durham] to “dilectissime fili” (in margin: <letter of removal>) stating that, since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there. He is to show the presents to the prior of Lytham so that he provides him with transport and expenses.
Date: Durham, 30 August 1500.
f.97v   30 August 1500
Mandate [by Thomas, prior of Durham] to “carissime confrat'” (in margin: letter of removal) stating that, since he resolved that he should be recalled from his present place to the cell of Lytham, he commands him to go and remain there. He is to show the presents to the prior of Lytham so that he provides him with transport and expenses.
Date: Durham, 30 August 1500.
f.97v   15 April 1501
Quittance by Thomas, prior of Durham, notifying receipt of 13s 4d from the rector of Appleby, Lincoln dioc., owed to the prior and to the prior of Lytham and accustomed to be paid at Easter each year, and acknowledging that they have been paid the sum and that the rector and his church are quit thereof.
Date: Durham, 15 April 1501.
f.98r-112v   11 July 1499
“Instrument upon the unjust process before the official of the court of York”
Notarized letters testimonial by Martin Colyns, D.Dec., official of the court of York, with the archiepiscopal see being vacant, that with the registers, acts and muniments of the consistory court of York examined, he has clearly established that on Tuesday, 15 November 1496, in a cause concerning tithes, between the prior and chapter of Durham, proprietors of the church of Brantingham, with its annexed chapels of Ellerker and Blacktoft, plaintiffs, and William Stewerd' of Howden, chaplain, opened and pending before the official or keeper of the spiritual jurisdiction of Howden and Howdenshire and, for certain reasons prompting the official, remitted to the court of York, the party of the prior and chapter gave a libel into the said court of York and a copy of it was delivered to William Stewerd', defendant, in these words:
Libel “&c”
and that the president of the said court assigned Saturday after the Conception of St Mary [10 December] to the defendant to notify his lord concerning the pending lawsuit and to answer the libel; on which day, with the plaintiffs appearing through Mr Robert Cheston', N.P., constituted in writing as their proctor, and the defendant appearing through Mr Richard Latoner, N.P., constituted by acts of court as his proctor; and after the libel had been forcefully denied and an oath of objection (“calumpnia”) had been given, the parties were given 2 p.m. of that day to do something; at which time, with the parties attending through their proctors, and when the accusations had been entered by the plaintiff's party, with the oath that he believes he and his lords are relieved by the responses of the chief defendant given and thereafter the oath by the defendant to answer them faithfully, and the answers to the accusations and answers thereto having been published on Tuesday 20 December with the agreement of the parties, the tenor of these accusations and the answers given thereto follows, word for word:
(f.98v-99v)
Accusations made by the proctor of the prior and chapter of Durham, against William Stewerd' of Howden, chaplain, extracted from a libel in a lawsuit against the said William, pending undecided before “you” (? Martin Colyns), and for certain reasons remitted by the official of Howden and Howdenshire to the court of York, the accusations being put forward severally by the proctor, who asks that they be answered faithfully by the principal party under his oath:
[1] That the prior and chapter were and are rectors and proprietors of the church of Brantingham and its dependent chapels of Ellerker and Blacktoft, and have been publicly known as such from the time of the appropriation. (He accepts)
[2] Since appropriation of the said church and chapels the tithes of corn and hay in: lez Thornetoft, Ferme, Howflat 60 acres, 25 acres, 18 acres; in Leth' Grothis 7 acres; in the other Grothis 12 acres; next to lez Girthes 9 acres; Karras feld' in a close 26 acres; in four closes of meadow 16 acres; in a close of meadow in lez Grothis containing 12 acres; in a small close of meadow 4 acres lying next to the highway called Metham lane to the south, by the manor of Metham in Howdenshire, have belonged to the prior and chapter in the name of their church of Brantingham. (He believes this is true of three-quarters, and the fourth part belongs to the prebendary of Saltmarshe)
[3] Since appropriation the prior and chapter have been in full possession of the right to take the tithes of corn and hay in: lez Thornetoft (he doubts), Ferme, Howflatt, 60 acres, 25 acres, 18 acres; Grothis 7 acres, in the other Grothis 12 acres, by lez Brothis 9 acres; Karras feld', a close of 26 acres; four closes of meadow, 16 acres; a close of meadow in lez Grethis containing 12 acres; in a small close of meadow lying next to Metham lane to the south; in the bounds of the tithe area of the church of Brantingham and Blacktoft. (He says that the prior and chapter were in possession of three-quarters of these tithes and the fourth quarter was and is in the possession of the prebendary of Saltmarshe.)
[4] The tithes of chickens, calves, lambs and wool in the said places belong to the prior and chapter; he deposes that this concerns every last place and close and any type of animal aforesaid. (He does not believe this.)
[5] In 1495 Thomas Metham of Metham, knight, for a time kept 300 and more sheep in the said places in the tithe area of Blacktoft, of which the wool tithe, according to the rate of the time, extended to 10 st. of wool; he deposes that this concerns every last stone of wool and any lesser number of sheep down to 20 sheep(He doubts the number)
[6] That the tithe lambs of the said sheep in the same year extended, according to the rate of the time, to 30 lambs; and deposes that this concerns any lesser number down to four tithe lambs. (There were 23 tithe lambs.)
[7] William Stewerd', chaplain, unjustly took the wool tithe of Thomas Meitham's said sheep for the said year in the said places, which extended to 10 st.; he deposes that this concerns every stone of wool down to (He received wool worth 2s 4d and no more.)
[8] William Stewerd' took the tithe of lambs that year in the said places, extending by the rate of the time to 26 lambs; he deposes that this concerns any lesser number down to three tithe lambs. (He received 23 lambs)
[9] William Stewerd' unjustly took the tithes of lambs and sheepswool from the sheep of Thomas Meitham, knight, in the said places, for the rate of the time, 1496: ten tithe lambs and 25 st. wool; and he deposes that this concerns any lesser number of tithe lambs down to three lambs and any stone of wool down to two fleeces.(He had six tithe lambs and less than one stone of wool.)
[10] William Stewerd' has often been asked on behalf of the prior and chapter to hand over the said tithes of lambs and wool, or else to come to an agreement with them or their proctor. (He accepts this.)
[11] William Stewerd' has utterly refused to hand over the said tithes of the said years, as he refuses now, despoiling the prior and chapter and their said church of their right. (He accepts the refusal and denies the despoliation.)
[12] That the foregoing things are true “&c”.
Next, on Saturday following Epiphany [7 January 1497], the Thursday following Hilary [19 January] was given to the parties for drawing up articles and production [of witnesses]; on which date, 19 January, with both parties appearing through their proctors, the following articles were given [in] and a copy thereof was delivered to the defending party:
(f.99v-100r)
Articles judicially extracted from a libel in a certain ecclesiastical cause against William Stewerd' of Howden, before “you” [Martin Colyns] and which the proctor of the prior and chapter of Durham intends to prove:
[1] That Thornetoft, Ferme, Howflatt 60 acres, 25 acres, 18 acres; in Lez Grothis 7 acres; in lez othir Grothis 12 acres; next to lez Grothis 9 acres; Karras feld' in a close 26 acres; in four closes of meadow 16 acres; in a close of meadow in lez Grothis containing 12 acres; in a small close of meadow 4 acres lying next to the highway called Metham lane to the south, by the manor of Metham in Howdenshire, have been and are in and of the parish of Brantingham and the chapel of Blacktoft from the time of appropriation of the church of Brantingham and the chapel of Blacktoft, and within the bounds of the tithed places thereof.
[2] That by right and custom the tithes of corn, hay, chickens, calves, lambs and wool in the said places during the said period belong and ought to belong to the prior and chapter in the name of their church of Brantingham and chapel of Blacktoft.
[3] That William Stewerd' unjustly received the whole tithe of lambs and wool in the said places for the year[s] 1495 and 1496 and applied it to his own nefarious use, wrongly despoiling the said religious of their possession therein.
[4] That the foregoing things are true, notorious and manifest in York dioc., and especially in Howden and Howdenshire.
And when the witnesses Thomas Stag, chaplain of Fangfoss par., Thomas Jhonson' of Blacktoft and Thomas Botheby of Blacktoft had been produced the president of the court admitted them and took their oaths; and the defending party protested verbally against the same witnesses and against their statements, if and in so far as they were to make depositions contrary to [his lord's] intention; the Tuesday next after the Conversion of St Paul was given for production [of witnesses] again, on which 31 January, with the parties appearing through their proctors, the term lapsed because no witness was produced; Thursday in the first week of Lent was set for production of witnesses again, on which day, 16 February, the plaintiffs appeared through their proctor Mr Robert Cheston' and the defendant appeared through Mr George Evers, substitute for his original proctor, Mr Richard Latoner; the plaintiffs' party produced as witnesses Thomas Grisby, Henry Rotherham and William Hille of Blacktoft; the president admitted them and took their oaths and Evers protested verbally against them (&c); subsequently, on Saturday 15 April 1497, Mr Robert Cheston', in presence of Mr William Wright, substitute for Latoner, the defendant's original proctor, gave the president the names of two witnesses, namely Peter Pynder and John Jerman of Blacktoft, and swore that they were necessary in this lawsuit and had lately come to his notice; the president admitted the witnesses and took their oaths, and the said Wright protested (&c) (f.100v); whereafter, on Saturday 22 April, the president, with the consent of the parties, published the statements and depositions of the witnesses produced, sworn and examined in this case, and ordered copies to be handed over to the parties:
(f.100v-102r)
Depositions on examination concerning the [above] articles [1]-[4].
By Thomas Stag, chaplain of Fangfoss par., who says: that [1] contains truth and, as to the cause of his knowledge, says that he was sworn parochial chaplain at Blacktoft, part of Brantingham par., 7 years ago and more, and he knows all the places given in the article, that they are within Brantingham par. because the chapel of Blacktoft belongs to Brantingham par., and that each year while he was chaplain there he, in procession with his parishioners, went round all the said places on Rogation Days because they belong and belonged to Blacktoft chapel and the church of Brantingham; the said places are within the bounds of the tithed places of the said church and chapel, he has heard as much said by his elders and never heard the contrary; as to [2], he has seen the proctors of the prior and chapter of Durham on many occasions receive without interruption three quarters of the corn and straw [tithes] in the articled places, and he cannot depose otherwise; on [3] he does not know; on [4] his foregoing depositions are well-known to be true as articulated.
By Thomas Johnson of Blacktoft (32 years old) who says: that [1] contains the truth, because he originated in Blacktoft par., part of Brantingham par., as had his father, grandfather, and great-grandfather; he knows from his time and has heard it said by his elders that the articulated places are within the bounds of Blacktoft par., under the church of Brantingham, and has never heard the contrary; every year, at the time of the Rogation Days, the parishioners go round the said places as a sign that they are of Blacktoft par.; on [2] (&c as in Thomas Stag's deposition, above) also saying that there is a certain dwelling-house called Grothe howse, and whoever should inhabit the same pays his parochial dues, namely the oblations, mortuary payments and others, to the proctor of Blacktoft; on [3] he does not know; on [4] his foregoing depositions are well-known to be true as articulated.
By Thomas Botheby of Blacktoft (38 years old) who says: that he has known the said places for 30 years, since he is from Blacktoft par., and therefore says that the contents of [1] are true, and he has heard as much from his elders and never heard to the contrary; as a token that the articled places are in Blacktoft and Brantingham par. the parishioners go round the said places in procession on sundry Rogation Days and drink at Grothe Hows and at the house of Sir Thomas Meitham; he says that [2] contains the truth, because both he and his father saw things done as articled above; on [3] he does not know; on [4] his foregoing depositions are well-known to be true as articulated.
These witnesses were examined by the commissary on 19 January 1496/7.
By Thomas Grisby of par. Blacktoft (70 years old) who says: that [1] contains the truth and, as to the cause of his knowledge, says that he has known it to be so for 60 years and has heard thus from his elders that it has been the usage since time out of mind, and that he has seen and gone round the articled places in many years with the procession of Blacktoft, par. Brantingham; that he knew one Herryson' and his wife who resided within the articled places upon lez Owsebank, and that the wife of Herryson' and their only boy died there, were buried at Blacktoft and paid their mortuary dues there around three years previously, as he believed; as to [2] he knew for certain that he saw that the proctor of Blacktoft received two thirds and the proctor of Howden received a third part of the corn and hay tithes, but he is not able to give a deposition as to the tithes of chickens, calves, lambs and wool; on [3] he does not know; on [4] his foregoing depositions are well-known to be true as articulated.
By Henry Rotherham of Blacktoft (72 years old) who says: on [1] that on certain occasions around 50 years ago and since he has carried two-thirds of the corn and hay tithes issuing from certain lands and meadows, whose names he does not know, lying to the south of Metham, as far as Blacktoft for the use of the prior and convent of Durham; that the church of Howden had a third part; that all the lands and meadows lying between the manor of Metham and Humbreside and Trent Side are within the bounds of Blacktoft; that every year the parishioners of Blacktoft go round the said lands and meadows as a token that they are of Blacktoft par., and they drink at Metham; upon [2] he cannot give a deposition as to the tithes of chickens, calves, lambs and wool; upon [3] he cannot give a disposition and says that there is a certain house on lez Ouse Side, opposite Whitgift church, within the circuit mentioned in his deposition upon [1], where the wife of one Herrison' died, and her mortuary payment was made to the chapel of Blacktoft, where she was buried; upon [4] stating that the foregoing things deposed by him are true, public, well-known and manifest.
By William Hille of Blacktoft par. (70 years old) who says: he has many times in various years gone in procession with the parishioners of Blacktoft on Rogation Days, from Blacktoft by the bank of the Ouse as far as Southwest Noke of Metham field, whence to the manor-house of Sir Thomas Meitham, where they drink, and so by Metham lane and Plankbrigg as far as Yokefleet field, and thus by the dike side to Warwicks, whence to Scalby and around Scalby to the Humber, and so to Blacktoft; he says that part of the area so enclosed is of Howden par. and part of Blacktoft par.; he does not know the names of the articled pieces of land and meadow except for Thornetoft, nor does he know of which parish they are, but he knows that the proctor of Blacktoft receives two-thirds of the corn and hay tithes in all fields belonging to master Meitham, and the proctor of Howden receives a third part; as to other pieces of land, like Yokefleet and so on he is unable to give deposition; one Herrison' dwelt in a house on lez Owse side, opposite Whitgift kirk, within the circuit above deposed, and his wife died and her mortuary payment was made to the chapel of Blacktoft, where she was buried; as to [2] and [3] he is unable to depose; as to [4] the foregoing things deposed by him are true, public, well-known and manifest.
By John German of Blacktoft (50 years old) who says: upon [1] that the places given in the article are located within the par. Blacktoft, he has known this to be so from the time of his discretion and has heard his 80-year old father, still living, and others his elders saying the same; the procession of Blacktoft each year on Monday in Rogation Week encompasses the articled places as a token that they are of Blacktoft par.; upon [2] he says that a quarter of the tithe of corn and hay belongs to the church of Howden and three-quarters to the church of Blacktoft, but he is unable either to give a deposition as to the tithes of lambs, wool, chickens and calves, or upon [3]; as to [4] he says the things deposed above are true, public, well-known and manifest.
These witnesses were examined on 15 April 1497.
And on Tuesday 23 May, a date given to William Stewerd' for making his case through witnesses and their statements, with the plaintiffs appearing through Evers, replacement for Cheston', the defendants through Wright, replacement for Latoner, the following was brought by the said Wright, and a copy thereof was handed over to the said Evers:
(f.102r-v)
Objection by [Mr William Wright], proctor of William Stewerd' of Howden, chaplain, before the official of the court of York, or his commissary-general or any other judge competent in this regard, against the prior and chapter of Durham and anyone intervening for them before the official, also against Thomas Stagg, chaplain, Thomas Jhonson', Thomas Botheby, Thomas Erisby [appearing previously as 'Grisby'], Henry Rotherham, William Hille, Peter Pynder, and John Jerman, pretended witnesses produced on the part of the prior and chapter and sworn, admitted and examined, and against their statements and depositions, stating that the judge should put little or no faith in the pretended witnesses or their depositions in the present lawsuit because: before, since and to this day they were and are supporters of the case for the prior and chapter, prepared, influenced and corrupted, with no small favour or price rendered to them; they are and were at all times aforesaid of fickle reputation, of ill fame and a disgrace in law and in fact, besmirched adulterers and fornicators, such to whose statements little or no faith is to be applied and such that were and are accustomed in courts spiritual, secular and otherwise to be corrupt and speak and testify falsehood; the witnesses are perjured of their depositions where they say that the places articled in pretended article [1] are within the bounds of the tithed places of Brantingham par., when in truth they are and have been time out of mind in Howden par. and are publicly and plainly held to be so by the whole district; the witnesses artfully say that there is a house called Grothe hows and any who might inhabit the same pay parish dues to the chapel of Blacktoft, when in truth the said house is within the bounds and tithed places of the church of Howden and was erected there within the last eleven years, and if any persons living in the house have paid parish dues to the chapel of Blacktoft or the church of Brantingham, this was unknown to the proctor of Howden and to the prejudice of the church of Howden; these things are known and manifestly true and public in Howden par. and in neighbouring parishes, and upon these things was and is public opinion concerned; wherefore the proctor pleads that no trust be placed in the said witnesses or their statements, but that they be pronounced suspect and invalid, that the said William be freed from the interference of the prior and chapter, who should be condemned and compelled to pay the costs incurred and to be incurred by the said William; he puts forward, asks and intends to prove the foregoing things, by no means binding himself to excess proof, saving benefit of law in all things.
The president of the court set Saturday 3 June for the said Wright to prove his objection, and on Saturday 27 May, when articles drawn from the same objection had been given in by the party of William Stewerd and admitted, and ten witnesses (Thomas Meitham, knight, Thomas Hotham, gentleman, John Lowson', William Thomlynson', Thomas Thomlynson', William Wellys, Thomas Hudson', Thomas Lawte, William Crosser, and John Wilson' of Saltmarshe par. (numbered 1-10 with interlinear arabic numerals)) had been produced in the presence of the said Cheston', the president of the court admitted and took the oath of the witnesses in form of law; once a copy of the articles had been handed to him, Cheston' protested verbally against the witnesses in so far as they would give evidence against the case of his lords and asked that they be not examined, and dissented from the admission of the same
(f.103r-v)
Articles which the proctor of William Stewerd' makes, gives, shows and intends to prove, offered and extracted from an objection against the prior and chapter of Durham and the witnesses produced on their part and judicially examined:
[i] Thomas Stagg, chaplain, Thomas Jhonson', Thomas Botheby, Thomas Grisby, Henry Rotherham, William Hille, Peter Pynder, and John German, witnesses on behalf of the prior and chapter, and at all times before and since their production, reception, admission, examination and deposition in the present suit were, and are now, particular supporters of the case for the prior and chapter (&c, as on fol. 102r).
[ii] The witnesses are perjured of their depositions where they say that the places articled in pretended article [1] are within the bounds of the tithed places of Brantingham par., when in truth (&c, as on f.102v).
[iii] The witnesses artfully say that there is a house called Grothe hows and any who might inhabit the same pay parish dues to the chapel of Blacktoft, when in truth (&c, as on f.102v).
[iv] These things are known and manifestly true and public “&c”.
On the said Saturday 3 May set for proof of the objection, with the said parties appearing through their proctors, the president of the court published the statements and depositions of the produced and examined witnesses with consent of the parties; on Thursday 22 June the president of the court published the statements of the witnesses produced by William Stewerd' against the prior and chapter, in presence of the proctor[s] of the parties, and Cheston', proctor of the prior and chapter, dissented from publication and asserted that he did not wish to agree except to the extent that he is bound by law;
(f.103v-105v)
Depositions on examination concerning the [above] articles [i]-[iv]. By Thomas Meitham, knight, (58 years old) who says:
upon [i] that he knows Thomas Stagg, Thomas Jhonson', Thomas Botheby, Thomas Grisby, Henry Rotherham, and John German well, and that he does not know William Hill' and Peter Pynder; that Thomas Stag is a notorious fornicator and that Thomas Jhonson' and Thomas Botheby are base, ill-governed persons; that all of abovenamed witnesses are supporters of the cause of one Robert Genyson', farmer of Blacktoft;
upon [ii] he says Thornetoft, Ferme, Howflat, 60 acres, 25 acres, 17 of 18 acres; 7 acres in lez Grothis; in othir Grothes 12 acres; next to lez Grothis 9 acres; Karras feld' 36 acres; from 26 acres and 16 acres of meadow in four closes; in a small close of meadow 4 acres; 12 acres of meadow, but not in lez Grothis are in and of Howden par. and neither in nor of Blacktoft par. or Brantingham; and the chapel of Blacktoft from the time of appropriation of the church of Brantingham and the chapel of Blacktoft, and within the bounds of the tithed places thereof; as to the cause of his knowledge, he says he has known it to be true from the time of his discretion, and that he is lord of the said places and they belong to him, and that all parochial dues arising in the said places have pertained to the church of Howden during the aforesaid time and since before the memory of man, and he has heard as much said by his elders, except that three-quarters of the corn and hay tithes within the articled places belong and have belonged to the church of Blacktoft and Brantingham, and that the places are within the bounds of Howden, for reasons previously given by him;
upon [iii] he says that about eleven years ago he had a house called Grothe Hows built, and a certain Peter Hudd', the wife of John Herryson' and her two boys died there, and he says that he caused them to be buried at Blacktoft because they died in the plague and Howden is much further away from that house than Blacktoft; the proctor of Howden did not know of this because Sir Thomas did the foregoing and sought no advice; he has not been induced, instructed or influenced to depose as he has deposed, nor is winning [the suit] his concern, except that justice be done.
By John Lowson of Howden par. (60 years old) who says: upon [i] he cannot make a deposition; upon [ii] he says that the places described are within the bounds of Howden par., and that all the parochial dues, namely tithes, offerings and others, barring three-quarters of the corn and hay tithe in the said places which belong to the church of Blacktoft, belong to the church of Howden, and have done since time out of mind; as to the reason for his knowledge, he says that he has known this to be so for forty years, and he has been ?farmer of the prebend of Saltmarshe for 21 years and heard it said by his elders; he says that [iii] contains the truth, because he saw it done as articled, and says that he has not been induced, instructed or influenced to depose as he has deposed, nor is winning [the suit] his concern, except that justice be done.
By Thomas Hothome, gentleman of Howden par., (60 years old) who says: that he cannot give a deposition regarding [i]; as to [ii] he says that the places mentioned are in the bounds of Howden par. and the church of Blacktoft has no right therein, barring three-quarters of the corn and hay tithe, and all other tithes, offerings, mortuary payments and other parish dues belong and have belonged time out of mind to the church of Howden; he knows this to have been so for the time of his discretion to his certain knowledge and has heard the same said by his elders; he says that the contents of [iii] are true and that if the inhabitants of Grothe Howse have paid any parish dues to the church of Blacktoft, this has been done contrary to justice and without the knowledge of the proctor of Howden, and that the foregoing is true because he has been farmer of the said places for six years.
By John Wilson' of Howden par. (30 years old and more) who says: that he cannot give a deposition regarding [i]; (his evidence upon [ii] is the same as Thomas Hothome's) and he agrees with Thomas Bothome [sic] in all things.
By Thomas Thomlynson' of Howden (42 years old) who says: that he cannot give a deposition regarding [i]; as to [ii] he says that the places mentioned are in the bounds of Howden par. and have been so time out of mind, as he has known well since the time of his discretion and has heard the same said by his father and others of his elders, whom he firmly believes; the church of Blacktoft and Brantingham has no right in the articled placed, beyond the right to three-quarters of the corn and hay tithe, and this he knows because he collected a quarter of the corn and hay tithe belonging to the prebendary of Saltmarshe at the time when Thomas White of Howden was farmer there; all other parochial payments belong to the church of Howden, and he heard his father, aged forty and more at the time of his death, saying as much; as to [iii] he says that he knows when the articled house was built, before which time all ecclesiastical emoluments arising from that place were paid to the church of Howden, and that when Peter Hudd', who first inhabited the house, died, Thomas Meitham buried him at Blacktoft because it was nearer than Howden, and did the same when others died of plague, lest they should infect the town of Howden; he says that he has not been induced, instructed or influenced to depose as he has deposed, nor is winning [the suit] his concern, except that justice be done.
By William Thomlynson of Howden par. (45 years old) (whose depositions regarding [i] and [ii] are the same as those of Thomas Thomlynson' [evidently his brother] above, although a short passage has clearly been omitted, with the result that his evidence has three-quarters of the corn and hay tithe belonging to the prebendary of Saltmarshe) who agrees upon [iii] with Thomas Thomlynson' in all things.
By Thomas Lawty of Howden (66 years old) who says: that he cannot give a deposition regarding [i]; as to [ii] he says that the places mentioned are in the bounds and tithed places of Howden par. and have been so time out of mind, as he has known to be so since the time of his discretion and has heard the same said by his elders, whose statements he believes are true; during the deposed period the church of Blacktoft had no right in the articled placed, beyond the right to three-quarters of the corn and hay tithe, since the rest of the parochial payments belong to the church of Howden, and he has seen this to be so during his time and heard it from his elders; as to [iii] he says that it contains the truth and that the wife of one Herryson' and her two boys died of plague in the articled house, and because of the disease there was no-one who would bury them, and there would they have lain until the crows had dealt with them had it not been for Thomas Meitham, knight, who had them buried at Blacktoft because it was nearby and he did not want the town of Howden to be harmed by the disease; and he says that he has not been induced, instructed or influenced to depose as he has deposed, nor is winning [the suit] his concern, except that justice be done.
By William Croser of Howden (50 years old) who agreed with Thomas Lawty in all things.
By William Wellys of Howden (70 years old) (whose depositions upon [i] and [ii] are the same as those of Thomas Lawty, except that he supplies the Christian name of John Herryson' and adds that:) he and his father collected a quarter of the tithe of corn and hay from the said places and the whole of the tithe of lambs and wool and of other things for fifteen years at the time when Mr John Marschall was prebendary of Saltmarshe.
By Thomas Hudson of Howden par. (40 years old and more) who says: that he cannot give a deposition regarding [i]; as to [ii] he says that he agrees with William Wellys up to the clause “and he did not want the town of Howden to be harmed by the disease”; that he has collected a quarter of the corn and hay tithe from the said places for eleven years and that he knows the church of Blacktoft has no right in the said places beyond the other three-quarters of the said tithe, because they neither had nor claimed anything different before the present suit; and he says that he has not been induced, instructed or influenced to depose as he has deposed, nor is winning [the suit] his concern, except that justice be done.
These witnesses were examined by the commissary on 27 May 1497.
And on Saturday 1 July the president assigned Saturday 8 July to the parties for calling upon counter-witnesses, on which day the term was continued to the following Tuesday, and on that day, 11 July, with the parties appearing through their proctors, an objection against the witnesses was handed in, a copy of which, as follows, was handed over to the opposing party:
(f.106r-v)
Objection by the proctor of the prior and chapter of Durham, proprietors of the church of Brantingham with the chapels annexed thereto, before the official of the court of York or his commissary-general, against: William Stewerd' and anyone appearing for him; the pretended objection put forward on his behalf against the prior and chapter and their witnesses; against the articles drawn, as pretended, from the same objection; and against Thomas Meitham, knight, John Lowson', Thomas Hothome, John Wilson', Thomas Thomlynson', William Thomlynson', Thomas Lowty, William Croser, William Wellez, and Thomas Hudson', pretended witnesses produced on behalf of William Stewerd', deposing directly contrary statements most suspiciously in the lawsuit between William Stewerd' and the prior and chapter, concerning tithes and pending undecided before the commissary; taking exception to the form and effect of their statements to the extent that they make them against the case of the prior and chapter; proposing that the judge should put no faith in these witnesses or their depositions in this suit, but rather that faith be applied to Thomas Stagg, chaplain, Thomas Jhonson', Thomas Erisby, Henry Rotherham, William Hille, Peter Pynder, John German, and Thomas Botheby, witnesses on behalf of the prior and chapter, because they were and are trustworthy persons of good reputation (&c), speaking the undiluted truth where they said that the places specified in the suit, and especially the house called Grothe Howse were and are in Brantingham par. and its annexed chapel of Blacktoft, and within the bounds and tithed places thereof, because one Peter Hudd', who has resided in Grothe Howse and dwelt there for certain years, paid all parochial burdens to be borne, whenever the need was pressing, along with the parishioners of Blacktoft, heard divine offices in the chapel of Blacktoft, received the sacraments from the chaplain of Blacktoft as if from his own curate, both in prosperity and suffering at the point of death (afflicted with no mark of the plague), as a parishioner thereof, just as others residing in the same house received, and paid his mortuary dues there, with all those considering themselves to have an interest knowing and approving; and that the witnesses produced on behalf of William Stewerd' are supporters and furtherers of his cause and are extremely suspect where they say and depose: that the tithes, oblations, mortuary payments and other parish dues from the articled places belong and have belonged time out of mind to the church of Howden, giving no sufficient reason for their statement; and that three-quarters of the tithe of corn and hay from the said places belong to the church of Brantingham and chapel of Blacktoft, when in truth the articled places have time out of mind yielded no other profit or produce than grain and hay, excepting only in a few years to be specified further in this trial; nor is it likely that the church of Howden had all tithes, oblations and mortuary dues, except for three-quarters of the tithe of corn and hay, from the said places and the chapel of Blacktoft within whose precincts they are situated, because this cannot withstand the forceful presumption of law and fact; these things are well-known to be true in the county and diocese of York and in Howdenshire, and public opinion there has laboured and still labours upon these things; wherefore the proctor asks the judge to pronounce valid the statements and depositions of the witnesses produced for the prior and chapter, and declare that faith be put therein, and to put little or no faith in the statements of the pretended witnesses produced for William Stewerd'; notwithstanding the objection on behalf of William Stewerd, the articles and the witnesses examined thereon, the proctor of the prior and chapter intends to prove the premisses, not constraining himself or his lords to the proof of all of the foregoing, but in so far as he has shown proof in the foregoing, to that extent should he win the case, saving benefit of law in all things.
The president of the court, with consent of both parties, assigned Thursday next after St James to the party of the prior and chapter to prove the objection; and on that day, 27 July, with the parties appearing through their proctors, when articles had been handed in and a copy thereof delivered to the opposing party, with the names of twenty witnesses copied on the dorse of the articles, and an oath had been given that the witnesses have been duly required to bear witness in this case and been offered travelling expenses and they refuse to come, the president ordered, with consent of the parties, that they be compelled in preparation for Saturday after St Matthew [23 September]; thereafter, on Tuesday 3 October 1497, the said Cheston', proctor of the prior and chapter, in the presence of Latoner and Wright, proctors of William Stewerd', produced eighteen compelled witnesses [only twelve are named here], namely Richard Chapman of Blaktoft, Robert Frampton of Yokefleet, Robert Skyn, John Willyanson, Roland Benkkis, John Bilton', Robert Jakson', John Pynder, John Leedis, Roger Craven, Henry Jhonson, Richard Webster, all [following Frampton] of Blacktoft par., to prove the said
(f.107r-v)
Articles which the proctor of the prior and chapter makes, gives, shows and intends to prove, from an objection against William Stewerd' of Howden, chaplain, and the pretended witnesses produced on his behalf and sworn and examined;
[1] (seeming omission of text here) faith is to be applied by the judge to their statements and depositions for the reason that the witnesses Thomas Stagg, chaplain, Thomas Jhonson', Thomas Rotheby, Thomas Grisby, Henry Rotherham, William Hill, Peter Pynder, and John German', were and are trustworthy persons of good reputation (&c).
[2] That the said witnesses spoke the undiluted truth where they said that the places specified in the first articles shown for the prior and chapter, and especially the house called Grothe House were and are in Brantingham par. and its annexed chapel of Blacktoft, and within the bounds and tithed places thereof, since one Peter Hudd', who has resided in Grothe Howse, paid all parochial burdens to be borne, whenever the need was pressing, along with the parishioners of Blacktoft, heard divine offices there, received the sacraments from the chaplain of Blacktoft, both in prosperity and suffering at the point of death (afflicted with no mark of the plague), as a parishioner thereof, just as others residing in the same house received, and paid his mortuary dues there, with all those considering themselves to have an interest knowing and approving.
[3] That Thomas Meitham, knight, Thomas Hotham', gentleman, John Lowson', William Tomlynson', William Wellys, Thomas Hudson', Thomas Lawty, William Croser, and John Wilson', pretended witnesses produced for William Stewerd' are supporters and furtherers of his cause and are extretmely suspect where they say and depose: that the tithes, oblations, mortuary payments and other parish dues from the places articled in the first articles belong and have belonged time out of mind to the church of Howden, except for three-quarters of the tithe of corn and hay which belong to the church of Brantingham and chapel of Blacktoft, giving no sufficient reason for their statement but ex favore, as is clear from the contents of their depositions; since it is unlikely that the church of Howden had all parochial dues, except for those excepted as above, and that the chapel of Blacktoft had possessed three-quarters of the tithe of corn and hay time out of mind from the said places, which have yielded no other profit or produce than grain and hay, excepting only in a few years most recently past to be specified in this trial.
[4] That these things are true, public, well-known and manifest “&c”.
The president of the court admitted the witnesses and took their oaths; the said Latoner protested verbally against the witnesses and their statements if and in so far as they might give depositions against the case of his lord; subsequently, on Saturday 14 October, the said Cheston' produced Richard Pye and Thomas Kelle of Blacktoft par. in the presence of Latoner, and Cheston' gave his oath that the witnesses were necessary to him and his lords and had recently come to his and his lords' notice; and, with these witnesses admitted and sworn, the said Latoner protested verbally (&c); consequently, on Tuesday 17 October, the statements of the said witnesses, produced, sworn and examined with the consent of the parties, were presented, as follows:
(f.107v-109v)
Depositions:
By Richard Chapman of Blacktoft (70 years old) who says: upon [1] that it contains the truth, because he does not know the contrary; upon [2] he does not know whether the places in the article are in Howden par. or Blacktoft, but that he has known well since the time of his discretion that three-quarters of the tithes of corn and hay from the said places were paid to Blacktoft chapel and and quarter to the church of Howden; he cannot give a deposition upon the tithes of lambs, wool and others; the procession from Blacktoft used to go round the articled places on the Rogation Days every year; Peter Hudd' once lived at Grothe Howse, and he died there and was buried at Blacktoft, but from what ailment he is unable to depose; nor can he depose as to where Peter Hudd' received the sacraments, or to whom he made his mortuary payment, or whether he made any payment or not; upon [3] he is unable to depose; upon [4] that his foregoing depositions are true.
By Robert Frampton of Yokefleet (40 years old) who says: upon [1] that it contains the truth, because he has never heard the contrary; as to [2] that he does not know in all conscience whether the said places are in Howden par. or Blacktoft par., because he knows that for eighteen years the chapel of Blacktoft received three-quarters of the corn and hay tithe coming from the articled places, and the church of Howden a quarter of the same tithe, and the whole of the tithe of lambs and wool and other lesser tithes, and that is why he is unable to say of which parish these places are; the contents are true regarding Peter Hudd', but he did those things articled for the reason that the chapel of Blacktoft was nearer to him than his proper head church, the church of Howden, and did them without any advice; upon [3] that the witnesses articled are such that he does not believe they would want to say anything against their good conscience, and otherwise that he is unable to make a deposition.
By Robert Skyn of Blacktoft par. (60 years old) who says: upon [1] that Thomas Stagg did not know as much as he now recalls; as to the others, that the contents of the article are true; upon [2] that the contents of the article are true, and, when asked whence his knowledge came, that he knows because Blacktoft chapel receives three-quarters of the tithe of corn and hay in the articled places, and the church of Howden receives a quarter thereof and the other lesser tithes, and he has gone round the said places with the procession on Rogation Days for the greater part of his life, namely since the age of sixteen; as to Peter Hudd, the contents of the article appear to be true, though he is unable to depose from what ailment Peter died; upon [3] he is unable to give a deposition.
By John Williamson of Blacktoft par. (50 years old) who says: that [1] contains the truth, because he knows the contrary [sic]; upon [2], as far as “cum in rei veritate”, that he cannot depose whether the articled places are within Blacktoft par. or Howden par., because Blacktoft chapel received three-quarters of the tithes of corn and hay from the said places and the church of Howden a quarter; he cannot give a deposition upon the tithes of lambs, wool and other lesser tithes; to his certain knowledge the procession from Blacktoft has been accustomed to go round the articled places on Rogation Days for thirty years; for the rest of [2] the contents are true where they concern Peter Hudd', except that he belives that he died of the plague; he cannot depose as to whether he made any mortuary payment or not; regarding [3] the named witnesses would depose nothing [against] their consciences.
By Roland Bynkys of Blacktoft par. (50 years old) who says: (upon [1] the same as Richard Chapman) as to [2], as far as “cum in rei veritate”, he does not know in all conscience whether the said places are in Howden par. or Blacktoft par., because he knows that for fifteen years the chapel of Blacktoft received three-quarters of the corn and hay tithe coming from the articled places, and the church of Howden a quarter thereof and the whole of the tithe of lambs and wool and other lesser tithes, and that is why he is unable to say of which parish these places are; he knows well that Peter Hudd' resided at Grothe House, received sacraments and sacramentalia at Blacktoft, paid a stipend to the parish clerk there, as he heard the said clerk saying, and died there, not of plague, and paid his mortuary due of one cow, which Richard Bynkys later bought, to Blacktoft chapel; the contents of [3] are true.
By John Byllton' of Blacktoft par. (74 years old) who says: (upon [1] the same as Richard Chapman) upon [2], as far as “cum in rei veritate”, that he cannot depose whether the articled places are within Blacktoft par. or Howden par., because Blacktoft chapel received three-quarters of the tithes of corn and hay from the said places and the church of Howden a quarter; he cannot give a deposition upon the tithes of lambs, wool and other lesser tithes; to his certain knowledge the procession from Blacktoft has been accustomed to go round the articled places on Rogation Days every year, unless impeded by weather, from the time of his discretion; Peter Hudd' made a mortuary payment to the chapel of Blacktoft, though whether a horse or a cow he did not know; regarding [3] he is unable to give a deposition.
By Robert Jacson of Blacktoft par. (40 years old) who says: (upon [1] the same as Richard Chapman) upon [2], as far as “cum in rei veritate”, that he cannot depose whether the articled places are within Blacktoft par. or Howden par., because during his life, and he has heard as much from his elders, three-quarters of the tithes of corn and hay from the articled places have been paid time out of mind to Blacktoft chapel and a quarter to the church of Howden, and that is why he cannot determine to which parish they belong; he cannot give a deposition upon the tithes of lambs, wool and other lesser tithes; the procession from Blacktoft has gone round the articled places every year, time out of mind, and he has heard this from his elders; concerning Peter Hudd' the article contains the truth, except that he cannont depose whether he died of the plague or whether his mortuary payment was a cow or not; as to [3] he is unable to give a deposition.
By John Pynder of Blacktoft par. (50 years old) (whose depositions are the same as those of Robert Jacson, except that he states that Peter Hudd' paid a mortuary cow to Blacktoft chapel).
By John Leed of Blacktoft par. (40 years old) (whose depositions regarding [1], [2] as far as “cum in rei veritate”, and [3] are or are stated to be the same as those of Robert Jakson and John Pynder) who says, regarding Peter Hudd', that he did not die of the plague, but from an illness called pyned sekenes.
By Roger Craven of Blacktoft (30 years old) who agrees in all things with John Leed'.
By Henry Jhonson (40 years old) who agrees in all things with John Pynder, except that he cannot give a deposition as to from what illness Peter Hudd died, nor whether his mortuary payment was a cow or not.
By Richard Webster of Blacktoft par. (48 years old) who agrees in all things with Roger Craven.
By Thomas Kellow of Blacktoft (c. 60 years old) who says: as to [1] that, from his knowledge, it contains the truth; upon [2] as above, and also that he does not know but that lez Grothe Howse is in Blacktoft par., because the three people who resided there, namely Peter Hudd', Richard Bynkis, and the wife of John Herrison' paid all parochial dues to the church of Blacktoft, and Peter Hudd', who died of le pynyng seknes, and the wife of John Herrison', who died of plague, were buried at Blacktoft; further, that there is a barn at Metham called Whetlayth', which is in Blacktoft par., as he has heard many say; as to the rest he agrees with Richard Webster; further, that the wife of John Herryson' paid a mortuary horse, “&c, as above”.
By Richard Pye of Blacktoft (50 years old) who agrees with Thomas Kellow except that he says that the wife of John Herryson' paid an animal as her mortuary due, but he does not know whether a horse or an ox.
These witnesses were examined on 14 October 1497.
Next, on Thursday 21 November (21 November was a Tuesday in 1497; xxiij was originally entered as the day of the month, but this has been altered to read xxjo; the Thursday of that week was appointed for the continuation of the hearing, as follows:) at the request and with consent of the parties, the Thursday following was given to the parties for all proposals; on which day, 23 November, with the parties appearing through their proctors, namely Cheston' for the plaintiffs and Wright for the defendant, Cheston' handed in a letter testimonial concerning the absolution of certain witnesses produced, sworn and examined in this lawsuit, and Wright handed in a copy of an ordinance made concerning the division of the church of Howden into five prebends; William Stewerd' gave his oath that he had diligently sought to obtain the original charter of the ordinance and had been unable to acquire it, and he asked for a compulsion to be ordered for the said charter, and the official stated that he would deliberate on this request on the Saturday following, to which he postponed the case in its present state, and ordered for the [other] party a copy of the copy which had been shown; on which Saturday, 24 November [a Friday in 1497], with the parties appearing through their proctors, Wright, proctor of William Stewerd', showed the archbishop's register from the time of Walter Grey (Walter Giffard, in fact), sometime archbishop of York, with a copy of the said ordinance; when the register was looked at there was written therein the
[Extracts from] the Ordinance by Walter, archbishop of York, “&c” stating that the prior and convent of [Durham] have submitted the church of Howden to his ordinance in the form of this
Submission by the prior and convent of Durham although the church of Howden, York dioc., “&c”
Date: Durham, 10 Kal. March 1267 [20 February 1268] enacting that there be five prebends in the church of Howden in perpetuity “&c” and that the prior and convent have a resident vicar in the chapel of Eastrington, once they have appropriated the portions thereof, who is to tend to the cure of souls, and to whom the bishop wants a suitable portion to be assigned from the revenues of the portions of the chapel for his maintenance, which he reserves to his own assessment; assigning the rest of the portion of the parish of Howden to five prebendaries, separating the prebends so that all the predial tithes of hay, wool and lambs from the townships of Howden belong to the first prebend “&c” and from the townships of Saltmarshe, Cotness, Metham and Yokefleet to the fifth “&c”.
Under the seals of the archbishop, the chapter of York, and the prior and chapter of Durham. Date: 6 Kal. March 1267 [25 February 1268]. [Original: 3.1.Archiep.1]
Cheston' disagreed with the production of this register, and the official ordered the register to be compared with the copy for the Tuesday next following or before, and Cheston' agreed that the comparison be done; on Tuesday 12 December the official, at the request and with the agreement of the proctors, appointed the Saturday following to hear definitive sentence in the case; and on Saturday 16 December the case was continued from day to day, with consent of the proctors aforesaid, until Thursday next before Peter and Paul; and on that Thursday, 28 June 1497 [recte 1498], with the parties appearing through their proctors and demanding the delivery of sentence, the following
Definitive sentence by Thomas Metcalf, commissary-general of the official of the court of York, having heard the merits of the case between the prior and chapter of Durham, plaintiffs, represented by Mr Robert Cheston', and William Stewerd of Howden, chaplain, defendant, represented by Mr Richard Latoner, N.P., and then by Mr William Wright, N.P., with the following
Libel (not recited)
having been offered for the plaintiff and been contested for the defendant, oaths having been given by the parties, and everything to be observed by law having been observed, a term having been given to the parties to hear sentence, and the parties appearing through their proctors, Mr Robert Cheston' for the plaintiffs and Mr William Wright for the defendant, and demanding sentence he has seen fit to proceed thus: Sentence
Since he finds the case of the plaintiffs brought before him has not been sufficiently established or proven, he has therefore cleared William Stewerd' of the charge of the prior and chapter and condemned the plaintiffs to pay the costs lawfully incurred by the defendant, reserving assessment of the costs to himself or his superior. from which sentence Cheston', proctor for the plaintiffs, appealed by oral statement directly to the apostolic see and asked to be given letters of appeal, and the president of the court assigned a date to him for receipt [thereof]; and following this, on Saturday 28 July [1498], the commissary handed letters of appeal to Cheston' and offered him for his appeal the Tuesday before St Katherine [20 November], for him or his lords to appear in the Roman curia for prosecution of their appeal, and Tuesday before Lady Day [19 March 1499] for certification in the court of York concerning the prosecution of their appeal; the propositions and responses made thereto, as given above (f.98v-99v), follow:
(f.111r-112r)
Accusations made by the proctor of the prior and chapter of Durham, proprietors of the church of Brantingham and its dependent chapels of Ellerker and Blacktoft, against William Stewerd' of Howden, chaplain, extracted from a libel in a lawsuit against the said William, pending undecided before the commissary and for certain causes remitted to the court of York by the official of Howdenshire, the accusations being put forward severally by the proctor, who asks that they be answered faithfully by the principal party under his oath:
[1] That the prior and chapter were and are rectors and proprietors of the church of Brantingham and its dependent chapels of Ellerker and Blacktoft, and have been publicly known as such from the time of the appropriation (He believes this).
[2] Since appropriation of the said church and chapels the tithes of corn and hay in lez Thornetoft, (he doubts) Ferme, Howflat 60 acres, 25 acres, 18 acres; in Grothis 7 acres; in the other Grothis 12 acres; next to lez Grothes 9 acres; Karras feld', a close 26 acres; in four closes of meadow 16 acres; in a close of meadow in lez Gret Grothis containing 12 acres; in a small close of meadow 4 acres lying next to Metham lane to the south, in Howdenshire, of and within the bounds and tithed places of the church of Brantingham and Blacktoft. (He says that the prior and chapter had three-quarters, and the fourth part was and is in the possession of the prebendary of Saltmarshe)
[3] Since appropriation of Brantingham and its chapels the tithes of corn and hay in: lez Thornetoft, Ferme, Howflat, 60 acres, 25 acres, 18 acres; lez Grothis 7 acres, in the othir Grothis 12 acres, by lez Grothis 9 acres; Carras feld', in a close 26 acres; in four closes of meadow, 16 acres; a close of meadow in le Groths containing 12 acres; in a small close of meadow 4 acres lying next to the highway called Metham lane to the south, by the manor-house of Metham in Howdenshire; have belonged, belong and ought to belong to the prior and chapter in name of their church of Brantingham with the chapels of Ellerker and Blacktoft. (He believes this in respect of three-quarters of the tithe and says the fourth quarter belongs to the prebend of Saltmarshe.)
[4] The tithes of chickens, calves, lambs and wool in the said places belong to the prior and chapter; he deposes that this concerns every last place and close and any type of animal aforesaid. (He does not believe this.)
[5] In 1495 Thomas Meitham of Metham, knight, for a time kept 300 and more sheep under the shepherd's crook in the said places in the tithe area of Blacktoft, of which the wool tithe, according to the rate of the time, extended to 10 st. of wool; he deposes that this concerns every last stone of wool and any lesser number of sheep down to 20 sheep. (He doubts the number.)
[6] That the tithe lambs of the said sheep in the same year extended, according to the rate of the time, to 30 lambs; and deposes that this concerns any lesser number down to four tithe lambs. (There were 23 tithe lambs.)
[7] William Stewerd', chaplain, unjustly took the wool tithe of Thomas Meitham's said sheep for the said year in the said places, which extended to 10 st.; he deposes that this concerns every stone of wool down to ... (He received wool worth 2s 4d and no more.)
[8] William Stewerd' took the tithe of lambs that year in the said places, extending by the rate of the time to 26 lambs; he deposes that this concerns any lesser number down to three tithe lambs. (He received 23 lambs.)
[9] William Stewerd' unjustly took the tithes of lambs and sheepswool from the sheep of Thomas Meitham, knight, in the said places, for the rate of that time, 1496: ten tithe lambs and 25 st. wool; and he deposes that this concerns any lesser number of tithe lambs down to three lambs and any stone of wool down to two fleeces. (He had six tithe lambs and less than one stone of wool.)
[10] William Stewerd' has often been asked on behalf of the prior and chapter to hand back to them the said tithes of lambs and wool unjustly taken by him, or otherwise come to an agreement thereon with them or their proctor. (He accepts this.)
[11] William Stewerd' has utterly refused to hand over the said tithes of the said years or to come to an agreement with the prior and chapter, as he refuses now, despoiling the prior and chapter and their said church of their right. (He accepts the refusal and denies the despoliation.)
[12] That the foregoing things are true “&c”.
Under the seal of his office and with the sign and subscription of the notary.
Witnesses: John Batemanson' and William Jhonson, literati of York dioc.
Notary: John Deyce, clerk of Coventry & Lichfield dioc., N.P. by apostolic authority, registrar of the court of York and keeper of the register, clerk of the acts by mandate of the official and specially called upon on behalf of the prior and chapter (eschatocol recited, recording that he has examined the register, held in safe-keeping, found all the foregoing therein and made a true copy of the things done and shown, which he has written himself or caused to be written in this public form.)
Date (of sealing): 11 July 1499.
f.113r In the upper margin:
These following ten folios are inserted out of order.
[This quire (f.113r-122v) is marked R in the lower left corner and follows the quire (f.110r-112v) marked S.]
f.113r   7 April 1329
Charter by Robert Barker of Hesleden confirming the grant to the keepers of the church and image of St Mary the virgin of Monk Hesleden of one messuage with a garden and all its other appurtenances which he had from the gift and feoffment of Richard Symond', as ?are contained in the said vill on the northern side and at the eastern end of the vill, to be held for the maintenance of the image in the aforesaid church from the lords-in-chief of that fee through services due and by law customary; rendering yearly one ?light or ?pound to the prior of Durham on St Peter ?ad vincula [1 August], if it should be required with regards to the same land. Robert, his heirs and assigns will warrant (etc.) for the said keepers and their successors the entire messuage and garden, with all its appurtenances, easements and pasturage, in accordance with the form of the ?neighbourhood [ “proximorum” ] of the said vill .
Under his seal.
Witnesses: Richard Hode, John Mewburne, John Nicoll', Henry Taylor, Thomas Smyth and many others.
Date: Hesleden, 7 April 1329.
f.113r-114r   6 May 1479
Language:   English
[Declaration] concerning the rents and tenements, liberties and possessions following, with all other reversions and appurtenances, moved by the gift and will of the elders of William of Hulam and Thomas Preston', vicar of Monk Hesleden, and by others of their elders before, making it known that it was their gift and will that all the messuages and lands, rents and tenements should be ruled and upheld by the vicar of the said church and four of the chief lay men of property and discretion living within the parish of Hesleden with the advice and counsel of all the parish to put the farm of the said rents and tenements to the greatest benefit of the image of Mary in the church of Hesleden, especially that her lights are sufficiently made and maintained, as they should be, and also that the image be painted gloriously, and after the reversion of the farm [for it] to be put to the greatest welfare and worship of our Lady in future, and to go to the increase and benefit of the said image, principally, a messuage and a garth in Hesleden on the north part of the town and bounding the prior of Durham on the east and west part, and the pastures of a cow and five sheep in the field of Hesleden; a messuage and a garth in Sheraton on the north part of the town, bounding Aske on the east part and Thornton' on the west, and two acres of arable land in the field, bounding cary eche kare on the east part and Bellows Burn (bellers burns) on the west, and the pastures of four cattle, twenty sheep and a horse in the field of Sheraton in cowrce of neghburheyd; a messuage and a garth in the west end of Howton on the south part of the town, bounding Hebburn on the east part and Esche on the west, and an acre of arable land lyeng on estiebrimlow spurnyng (i.e., projecting) on holl carerflat and bounding Esche on both parts. This messuage and land was given to Saint Thomas's light of Hesleden church, with the pasture following of a cow and five sheep be cource of neghburhed; a messauge and a garth in the said town of Hoton' on the south part which comes from the gift of William of Hulam and Annes Syssone, who gave it to our Lady in the said form, bounding Esche on the east part and John Ward on the west, with three acres and a rood of arable land in the field of Hotton', a rood in the moor heads projecting on the common moor, three roods in Kottland, and bounding Esche on the east part and the prior of Finchale on the west, a rood on bitter well schoytte projecting on greyn croft and bounding Esche on the ?either part, a rood and a half on the north deyne schott spurnyng of ye horce deyne, a rood and a half on the same shot, bounding of the horce deyne and bacons land on the east part, three roods on the milne peyce in two lands spurnyng of Holom piece and rigg of Eschis between half an acre on pittelles croust spurnyng of Hulam moor between two balks bounding the prior of Finchale on the south part, a rood on hownde landes, bounding lyon claxton on the east part, with the pastures following be cource of neghburhed in the said field of Hoton', as it ought to have; a chapel of our Lady and a hermitage with a garth on the north side of Hoton', bounding Esche on the east part and the lords and heirs of Heron' on the west, which heirs and their ancestors gave the aforesaid chapel for the welfare of their souls, to be prayed for in the said chapel and oratory of Hotown' forevermore, to have and to hold all these aforesaid messuages, rents and liberties in the aforesaid form of the said heirs and ancestors forevermore.
Under the seals of William Claxton' of Hulam, esquire, Thomas Turpyn, vicar of Monk Hesleden, William Watson', senior, Thomas Watson', Robert Watson', Thomas Birden', John Ranoldson', John Sowthwik, William Hawell', John Smyrk of the grange, John Button', Thomas Elenor', John Hydwyn'.
Date: Hesleden church, 6 May 1479.
Also a message and three acres of arable land in the town and manor of Hulam which is called St John's land, given for the support of St John's light in the church of Hesleden.
f.114r   13 November 1500
Memorandum that a quittance for the pension of Skipwith was issued in the form above on f.4 and elsewhere.
Date: 13 November 1500.
f.114v   19 December 1500
[Memorandum of] petition by Richard Seyll who came to Durham cathedral on 19 December 1500 and, after the bells had been tolled, asked for sanctuary of the said church for the reason that on Friday, 25 November before the date of the presents (25th was a Wednesday in 1500) at the end of the vill of ?Askrigg (Ashcrike), York diocese, he feloniously struck a certain Thomas Layfett on the head with a staff called a clobb from which blow he died within ten days, for which felony he sought sanctuary.
Witnesses: John Brown', John Werdall' and John Forman, with many others standing by and listening.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.33-34 no.lxxvii.
f.114v   1 January 1501
Quittance by Thomas, prior of Durham to the master and scholars of Balliol Hall Oxford for a yearly pension of 10s for the terms of St John the Baptist [24 June} and Christmas, owed to him and his monastery by reason of the appropriation of the church of Longbenton and assigned by the authority of the ordinary.
Date: Durham, 1 January 1500/1.
f.114v   1 January 1501
Mandate [by Thomas, prior of Durham] (in margin: to Robert Standropp') stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Farne, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 1 January 1500/1.
f.114v   1 January 1501
Mandate [by Thomas, prior of Durham] (in margin: to Robert Rokk) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master of Farne so that he provides him with transport and expenses.
Date: Durham, 1 January 1500/1.
f.114v-115r   10 December 1500
[Memorandum of] petition by William Thorpp of the parish of Welwick (E. R. Yorks,), York diocese, who came to the church of Durham on 10 December 1500 and, after the bells had been tolled, asked for sanctuary of the said church for the reason that William and John Dorand' and Nicholas (surname blank), [his] accomplices, on 8 November last past {entered} a certain park called Wysten parke to remove a certain dog from there, which dog, belonging to the park-keeper of the park, they first took back, as he alleged. William and his accessories demanded from the park-keeper to have their dog back since he had entered the park against their will. The park keeper and [his] accomplices refused and threatened and assaulted them. Nicholas, one of William's accomplices, was shooting at the park keeper and them, and struck a certain (blank) March on the neck with an arrow, from which blow he died within ten days. William denies he inflicted any wound on him but, since he was present with Nicholas and was an accessory to him when that crime had been perpetrated, therefore was fearful of being indicted for that, although deservedly he was not guilty of the action, as he alleged. For this felony, William, as Nicholas's accessory there, took sanctuary.
Witnesses: John Brown', John Werdall' and William Wright, with many others.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.33 no.lxxvi.
f.115r   1 March 1501
Mandate [by Thomas, prior of Durham] (in margin: to John Thirlkill') stating that since he resolved that he should be sent from his present place to Stamford, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 1 March 1500/1.
f.115r   May 1501
Mandate [by Thomas, prior of Durham] (in margin: to John Thirnkill') stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of the cell of Stamford so that he provides {him} with transport and expenses.
Date: Durham, (blank) May 1501.
f.115v   29 January 1501
(In the upper margin) Corrody granted to Agnes Shele, vacant by the death of her husband.
Grant by Thomas, prior of Durham to Agnes Schele of Durham, with the consent and will of his fellow monks, of a corrody in the hospital of St Mary Magdalene near the hospital of Kepier, which Thomas Schele, her husband, lately held when alive, for the term of her life. She is to receive what any brother or sister thereof, staying within or outside the hospital, receives, provided she keeps all the statutes (etc.) thereof. If she should not carry out the statutes (etc.), commit fornication or adultery, or resort to another marriage without licence from the prior and his successors, he wills that she be deprived in perpetuity of all thus granted to her.
Date: 29 January 1500/1.
f.115v   8 May 1501
Appointment by Thomas, prior of Durham, of his fellow monk, Thomas Durham, as master of the cell of Farne, committing to him its care and administration, both in spiritualities and temporalities, until he has a further mandate from the prior; and commanding all whom this concerns to be answerable to him as master thereof in all and sundry pertaining to the cell. He is to render yearly to the prior a faithful account of all receipts and expenses of the cell.
Date: Durham, 8 May 1501.
f.116r-117r   [20 November 1500]
(Confirmation by Richard, bishop of Durham, of licences given by certain of his predecessors (named) to certain predecessors (named) of the prior and convent of Durham to acquire lands and incomes in mortmain; with licence to the prior and convent to acquire further lands and rents, to the value of £20 yearly.)
Original in DCD 2.10.Pont.1 (two copies), where it is dated 20 November [1500]. For another copy, see DCD Reg. V, f.60r-61r.
f.117r   24 May 1501
Appointment by Thomas, prior of Durham of William Cathorne, S.T.P., as prior of the cell of Holy Island, committing to him its care and administration in both spiritualities and temporalities, until he has a further mandate from the prior; and commanding all whom this concerns to be answerable to him as prior thereof in all and sundry pertaining to the cell. He is to render annually to the prior a faithful account of all receipts and expenses of the cell.
Date: Durham, 24 May 1501.
f.117r   24 May 1501
Appointment by Thomas, prior of {Durham} of his fellow monk, John Danby, as prior of the cell of Jarrow, committing to him its care and administration in both spiritualities and temporalities, until he has a further mandate from the prior; and commanding all whom this concerns to be answerable to him as prior thereof in all and sundry pertaining to the cell. He is to render annually to the prior a faithful account of all receipts and expenses of the cell.
Date: Durham, (inserted in space left blank) 24 May 1501.
f.117v   [?1501]
List of the amounts assessed for a tenth in Howdenshire for the prebends of Howden, Saltmarsh, Barmby, Skelton and Thorpe, the common fund of the church, the church of Eastrington, the church of Skipwith, the pension of the prior of Durham therein, the vicar [?vicarage] thereof, the church of Hemingbrough, the prior's pension therein, the church of Walkington, the prior's pension therein, the church of Brantingham, the prior's pension therein, the church of Welton, the prior's pension therein, and the prior's pension in the church of Holtby, amounting to the sum of £23 6s 8d.
f.117v   [?1501]
Memorandum that all the pensions were probably unpaid because they were not ?crossed (crus').
f.117v-118r   [?1501]
List of the second half of the subsidy granted within [North]allerton and Allertonshire to Thomas Rotherham, archbishop of York, for the churches of Osmotherley, Leake, Crayke, North Otterington, [North]allerton, the pension therein, the church of [Kirby] Sigston, the pension therein, the pension of the church of [West] Rounton, amounting to the sum of 117s 4d.
f.118r-v   12 May 1501
Grant by the prelates and clergy of York city and diocese, assembled in convocation on Wednesday, 12 May 1501, held on the authority of Thomas, etc., in the chapter house of York minster, with their unanimous consent and assent, [?considering] the weighty expenses and various charges which the bishop has hitherto borne there, because of the honour of God and of York minster at the beginning of his translation to the metropolitical see, and afterwards probably will bear, [?and considering] the compensation for such expenses, and to some extent alleviation and relief; of one whole tenth by means of a subsidy at the following terms, to be paid to the bishop, the first half of the tenth or subsidy to be paid at Martinmas next, the second half at Michaelmas 1502, from any goods, ecclesiastical benefices, pensions and portions, both spiritual and temporal, accustomed to pay at the rate of the royal tenth, according to the new assessment or, where the new assessment has not been made, the old, or in support of the archbishop, excepting the goods and benefices of any nuns in the said diocese, the lands and possessions of the monastery of Meaux which are utterly devastated by the waters of the sea, the Humber and other rivers, and benefices assessed below 100s, provided that neither benefices appropriated within the past 300 years to the same nuns nor benefices (as is aforementioned) assessed below 100s, in which the incumbents are not resident in person, are included; and excepting from the half of the grant any ?goods, benefices, pensions and portions, spiritual and temporal, of Watton, on account of the great number of nuns living there and the diminution of its revenue and profits because of the unusual flooding in Hull, and the benefices appropriated for the use of scholars of the universities of Oxford and Cambridge.
f.118v-119r   12 May 1501
Account of convocation by John Deyce, N. P., recording that on 12 May 1501 after the ?announcement (preconizacionem) of the prelates and clergy of York city, diocese and province in the provincial convocation of the archbishop, held on the authority of Thomas, archbishop of York (etc.), in the chapter house of York minster by his lieutenant [and] commissary, the same prelates and clergy, having assembled at the second hour after mid-day on the same day in a certain building, commonly called the school at the common house, in York minster, named and chose Mr William Rokeby, D.Dec., commissary-general of the official of the court of York, as their prolocutor and referendary to report faithfully all and sundry unanimously treated and granted by them in convocation, and John Deyce as their scribe and notary of all their acts there, and named and requested Lawrence, abbot of the monastery of Selby, and James, prior of Watton, to present the aforesaid William, their referendary, to the said lieutenant and commissary in the usual manner; the prior and abbot agreed to their request, and Mr Edmund Cowper, proctor of the bishop and the prior of Durham, as he asserted, in no way agreed to this act and to all the aforementioned, saving his protestations elsewhere made and interposed before the lieutenant and commissary. On the following day at the ninth hour, the abbot and prior, with the consent of the prelates and clergy and in their presence, presented the aforesaid referendary to the lieutenant and commissary, and after certain propositions and opinions (tractatibus) were put forward between the lieutenant and commissary and the referendary, and the reasons for the convocation explained by the commissary, the prelates and clergy with the referendary took themselves at once to the said common house and Edmund Cowper protested that he did not wish to appear further in this convocation as proctor for the bishop or prior to treat the aforementioned. Finally, the prelates and clergy of York city and diocese granted a certain subsidy, in a certain form and with certain exceptions, to the archbishop, as is evident from the tenor of the grant which begins thus “the prelates and clergy etc” (?the preceding document). Edmund Cowper as proctor of the bishop dissented and refused to agree to the grant and all the prelates' acts, inasmuch as the grant touches the bishop of Durham's temporalities, annexed to the spiritualities, within York diocese.
f.119r   24 May 1501
Appointment by Thomas, prior of Durham, of his fellow monk, Henry Dalton', as prior of the cell of Wearmouth, committing to him its care and administration in both spiritualities and temporalities, until he has a further mandate from the prior; and commanding all whom this concerns to be answerable to him as prior thereof in all and sundry pertaining to the cell. He is to render annually to the prior a faithful account of all receipts and expenses of the cell.
Date: Durham, (inserted in a space left blank) 24 May 1501.
f.119v   2 June 1501
[Memorandum of] petition by Reynold (sic as subsequently Roland; also Roland in the margin) Borow, residing in the vill of Kirby Lonsdale in the county of Appleby, who came to Durham cathedral on 2 June 1501 and, after he had rung the bells, asked for sanctuary, for the reason that in connection with an assault made upon him, as he alleged, he feloniously wounded in self-defence a certain Hugh Wilkynson of the vill of Aikrigg on the throat with a certain le dagger on Thursday next after Ascension last past [27 May] in a certain vill called Lupton, from which blow Hugh died at once, for which felony Roland sought sanctuary.
Witnesses: William Jakson, William Borow, Hugh Wall' and John Whitehede, N. P.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.34 no.lxxviii.
f.119v   April 1501
Quittance by Thomas, prior of Durham to the rector of the church of Appleby, Lincoln diocese, for 13s 4d, owed to the prior of Durham and the prior of the cell of Lytham and assigned and accustomed to be paid yearly at Easter by the same church.
Date: Durham, (blank) April 1501.
f.119v-120v   23 July 1501
Monition by Edmund Cowper, L.Dec., principal official of the episcopal consistory court of Durham and president thereof, to the curate of the church of Bamburgh in his jurisdiction and to all and sundry rectors, vicars, chaplains, curates and non-curates throughout Durham city and diocese, stating that he has received a grave complaint from Thomas, prior of Durham, that although his fellow monk, Robert Bayly, [who], when he was alive and at the time of his death, [was] master or keeper of the cell of Lindisfarne Island in Edmund's jurisdiction, dependent on the church of Durham, was lately drowned near the coasts of the cell by force of wind and sea (which Edmund sorrowfully relates) and that the disposition and administration of all and sundry goods, debts and chattels (in whosesoever hands they are), whose use and administration pertained to Robert when alive (etc.), and also the full payment and satisfaction of the debt to the use of the church of Durham and the cell by Robert or his ministers, for which Robert was bound to his creditors, are well known to pertain entirely to the then prior of Durham and not to another person inferior to him, several persons of either sex of the parish of Bamburgh and of other parishes near the aforesaid hamlet, whom Robert reportedly asserted were indebted to him, contrary to good conduct publicly declare and boast that they are creditors, and they endeavour and intend to have his fellow monk, Thomas Durham, the present master or keeper of the said cell, having nothing of his own and entirely removeable, seized and imprisoned for the aforementioned, as he asserted, to the manifest injury of right, danger to their souls and scandal of Thomas, prior, the plaintiff in the suit, and his fellow monks.
Thomas, entirely ready (as he asserts) to pay and make satisfaction to any of Robert's creditors, therefore made entreaty to Edmund on his ordinary authority to admonish and cite all of Robert's creditors and debtors [to appear] at a certain day and place, namely, Robert's alleged creditors to receive sums of his money, and his debtors to compound with the prior for sums owed. Disposed to the prior's requests and wishing to spare the said creditors and debtors trouble and expense, Edmund therefore commands the curate of Bamburgh, the rectors (etc.) on Sunday or the next feastday after receiving the presents, during mass and other divine [services] when the greater number of parishioners shall be present who claim that they were creditors of Robert, lately deceased, to admonish or cause to be admonished publicly in their churches those whom Edmund admonishes by the presents to appear in person before 31 August next exclusively (which day he wills to be assigned and by the presents assigns to them for the term) before the prior to introduce and exhibit all their bonds and simple bills and all their other special [bonds] (if they have any), by which they frequently boast, as is aforementioned, Robert had been bound to them.
The curate, rectors (etc.) are to threaten them that if they are unwilling to appear within the term before the prior and exhibit their lawful proofs, or negligently delay doing so, that Edmund will deny them audience regarding the debt sought, imposing perpetual silence on them. They are to admonish all and sundry in general ?who or ?since they are or ?he is indebited to Robert for any sums of money (whom he admonishes by the presents) to obey their, nay, his monitions under penalty of sentence of greater excommunication, to be fulminated against those refusing to appear before the prior within the term, to acknowledge a certain sum to the prior and to compound with him for the same.
The one of them who has executed the present mandate is to certify Edmund, wherever he is within Durham diocese, in person or by letters patent, authentically sealed, reciting the contents hereof, of the date of the receipt of the presents and of their execution, and of all they have done regarding the aforementioned, within twelve days after the date of the presents.
Date: 23 July 1501.
f.120v   10 August 1501
Grant by Thomas, prior of Durham, to Ralph Wynter, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Robert Naler lately held when alive, for the term of Ralph's life. He is to receive what any brother or sister thereof receives, provided he keeps all the statutes (etc.) thereof. If he should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage again, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 10 August 1501.
f.121r   30 September [1501]
Grant by Thomas, prior of Durham, to William Herryson', with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Thomas Cotes, and Agnes, his wife, lately held, for the term of his life. He is to receive what any brother or sister thereof, staying outside, receives, provided he keeps all the statutes (etc.) thereof. If he should not carry out the statutes (etc.), commit fornication or adultery, or resort to marriage without licence from the prior and his successors, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: (?inserted in space left blank) 30 September “in the above year”.
f.121r   1 November 1501
Appointment by Thomas, prior of Durham of his fellow monk, William Smyrk, as subprior of the cell of Finchale, with authority to hear the confessions of his fellow monks staying at Finchale and those sent there for the purpose of walking about, and to absolve them, with the exception of those cases whose absolution is specially reserved to the prior.
Date: Durham, 1 November 1501.
f.121v   1 November 1501
Mandate [by Thomas, prior of Durham] (in margin: to John Porter) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Holy Island, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 1 November 1501.
f.121v   1 November 1501
Mandate [by Thomas, prior of Durham] (in margin: to Robert Stayndrop') stating that since he resolved that he should be recalled from his present place to (written over an erasure, probably “our monastery” since “Finchale” below is followed by “Durham”, which presumably should have been erased when “our monastery” was, and since “recalled” rather than “removed” is used) the cell of Finchale, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Holy Island so that he provides him with transport and expenses.
Date: Durham, 1 November 1501.
f.121v   18 November 1501
Grant by Thomas, prior of Durham to Margaret Sawmon', with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which William Herryson' lately held, for the term of her life. She is to receive what any brother or sister thereof, staying outside, receives, provided she keeps all the statutes (etc.) of the infirmary. If she should not carry out the statutes (etc.), commit fornication or adultery, or resort to marriage without licence from the prior and his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 18 November 1501.
f.122r   21 January 1502
Grant by Thomas, prior of Durham, to Elizabeth Clerk, widow, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Alice Wightman lately held, for the term of Elizabeth's life. She is to receive what any brother or sister thereof, staying within or outside the infirmary, receives, provided she keeps all the statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage again, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 21 January 1501/2.
f.122r   21 February 1502
<Grant by Thomas, prior of Durham, to Henry Baly, with the consent and will of his fellow monks, of a corrody in the Maison de dieu which the wife of Thomas Gaude lately held when alive, for the term of his life. He is to receive what any brother or sister thereof, staying outside, receives, provided he keeps all the statutes (etc.) thereof. If he should not carry out the statutes (etc.), commit fornication or adultery, or resort to another marriage, without having sought and obtained licence from the prior and his successors, the prior wills that he be deprived in perpetuity of all thus granted to him.
Date: Durham, 21 February 1501/2.>.
(In the margin: “void” )
f.122v   9 August 1500
[Memorandum of] petition by John Bulman of Ripon, York diocese, who came to Durham cathedral on 9 August 1500 and, after the bells had been tolled, before witnesses, namely, Hugh Wall' and Christopher Easby, asked for sanctuary for the reason that in connection with an assault made upon him by a certain (blank) Wales of <Ripon> {Studley} he struck (blank) Wales, le cowper, on the throat with a dagger on the day after St Wulfran the bishop [16 October], from which blow he died at once, for which felony John sought sanctuary.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.32 no.lxxiv.
f.122v   31 October 1501
Mandate [by Thomas, prior of Durham] (in margin: to Richard Riddell') stating that since he has resolved that he should be removed from his present place to the cell of Holy Island, he commands him to go and remain there until he has a further mandate from him. He wills him to show the presents to the prior there so that he provides him with transport and expenses, and to the prior of Holy Island so that he receives him benevolently.
Date: Durham, 31 October 1501.
f.122v   19 October 1501
[Memorandum of] petition by John Key of Skenynglif of the parish of [West] Bretton, York diocese, who came to the cathedral of Durham on 19 October 1501 and, after the bells had been tolled, asked for sanctuary for the reason that he furtively stole two cows, namely, one fattened cow from the goods of John Marschall' of Borrowby on Michaelmas {in the night} and the other from the goods of Elizabeth Dalton' of Guisborough on the eighth day of Michaelmas, killed them and unjustly turned the money received for them to his own use, for which felony he sought sanctuary.
Present: John Brown', Hugh Wall', John Nicolson' and John Yowt, masons.
In the lower margin: on the eighteenth day.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.34 no.lxxix.
f.123r   2 January [?1501]
Language:   English
Letter (in subscription: by Thomas, prior of Durham) (in margin: to the bishop of Durham) stating that whereas the bishop has hitherto written to him, as he has done in his last letters, and desired various and (as the prior and his fellow monks think) very many confirmations be made of his grants, including some which the bishop's predecessors, as far as the prior can discover, have not been previously granted. He beseeches the bishop to be content that the confirmations for which he lately wrote do not proceed but that the bishop's servants may be content only with the bishop's own grants, and also to refrain from desiring any more grants.
Date: Durham, 2 January.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.cccxciv; Letters of Richard Fox 1486-1527, ed P.S. and H.M. Allen (Oxford 1929), p.22-23.
f.123r-v   31 January [?1501]
Language:   English
Letter (in margin and subscription: by Richard, bishop of Durham) (in margin: to the prior [of Durham]) stating that whereas he has written to him at many, various times for the confirmation under the convent's seal of certain grants to his servants for their service to him and his church, in war and peace, especially in Norham castle in the time of the seige, as well as before and after, for as long as the war lasted, he has understood that the prior makes great difficulty, with lengthy delays in making the confirmation. The bishop marvels greatly at this, since he makes these grants only for good causes and great service performed more for the defence of his church's lands than for him; he also only makes old and usual grants such as his predecessors made. He is not yet going from the prior who does him great wrong to imagine his departing from him; it is a sign that he is wary of the bishop, who has never given him cause. He thinks he has been as kind and loving to him as any bishop of that see was to any of the prior's predecessors, and the prior has been the same to him; he therefore marvels from where this estrangement grows. He prays him again not to make any difficulties in confirming any of the grants he has made or will make, as the prior desires the continuation of his favour.
Date: Coventry, 31 January.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.cccxciv-cccxcv; Letters of Richard Fox 1486-1527, ed P.S. and H.M. Allen (Oxford 1929), p.23-24.
f.123v-124r   14 August [?1501]
Language:   English
Letter (In subscription: by Thomas, prior of Durham) (in margin: to the aforesaid bishop) stating that whereas the bishop recently wrote to him for the confirmation of the bailiwick of Darlington to William Bettes, there is one office passed previously to Mr Hadoke of the office of Darlington, and the prior has searched his records of the same office and can find no precedent that the episcopal office was ever charged with any such fee. At his former command, the prior has confirmed his grant both of Gateshead and Auckland, ?although [whereas] he cannot perceive that any such grants were ever previously made either by their bishop's records or his. The prior is content to carry out his command in every regard and yet may it please the bishop to recall what he would say to the prior in a similar case if he should charge the episcopal office with a fee which was never previously in the bishop's records or his; the bishop might be discontent. The prior does not know how the bishop's successor will lay such a matter to the charge of the prior and his fellow monks but fears the worst. Secular people will say that, if the prior and monks confirm an office or thing with which the bishop or his successor is not content, they will ask their fee of the prior and monks, which is against all right and conscience. The prior and monks fear not this wanton saying, for it is consistent with neither law nor conscience. He beseeches the bishop not to be displeased with him, although he reveals his mind to him, as he has no other refuge in time of need, and beseeches him to show his good lordship.
Date: Durham, 14 August.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.cccxcv-cccxcvi; Letters of Richard Fox 1486-1527, ed P.S. and H.M. Allen (Oxford 1929), p.24-25.
f.124r-v   6 September [?1501]
Language:   English
Letter (in subscription and margin: by Richard, bishop of Durham) (in margin: to the prior [of Durham]) recalling that amongst others the bishop wrote to him for the confirmation, [in letters] patent, of William Bettes of the bailiwick of Darlington. He understands from the prior's last writing that he makes a difficulty for two causes, one that the bishop's servant, Thomas Haidok, has one office of Darlington, the second that the prior cannot find in his registers any such grants of the said office with such a fee. The truth is that Thomas Haidock has a grant but it is of the custody of the manor and not of the bailiwick. Where the boroughs have commonly before his time been let to farm, which was the occasion of evil justice and much extorting and hindering of the lord's profits at Darlington, Auckland and Gateshead, he has in his time caused all the said boroughs to be occupied by way of approvement, and so he has granted this office of Darlington to William Bettes by way of improvement, which has been much more profitable to him (and will be to his successor) than letting or putting them to farm. He will desire the prior to do nothing which will harm or prejudice the episcopal office and again prays him to let William have the said grant confirmed. He has written to his chancellor to expedite the pardon the prior desires, who should call upon him for its expediting. As for any money for the other grant, if the money shall come out of the prior's purse, the bishop desires none, although it was worth £1000, and therefore the prior should not be concerned about that matter. The prior should send him a copy of the confirmation that he would have for the custody of such lands that are held of him by knight service and the bishop will look on it. He would gladly act for the prior in all matters which are not hurtful to his successor. The bishop has always doubted that matter and does so yet. The prior cannot claim the custody of any lands except those which are held of him by knight service, for of the others, neither he nor the bishop can have the custody unless they come by means of others that are held by knight service, as by the prerogative. He should send the bishop a copy who shall examine it and do thereupon what he may lawfully. As for new election, the prior shall not need to send this quarter of a year.
Date: Richmond, 6 September.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.cccxcvi-cccxcvii; Letters of Richard Fox 1486-1527, ed P.S. and H.M. Allen (Oxford 1929), p.25-26.
f.124v-125r   5 April 1502
Commission by Thomas, prior of Durham, ordinary of the spirituality of St Cuthbert in Howden and Howdenshire, to Mr William Kent, S.T.P., and Mr John Undirwod, LL.B., advocate of the court of York, to visit the collegiate churches of Howden and Hemingbrough, the churches of Eastrington, Brantingham, Welton, Walkington, Skipwith, Holtby and their dependent chapels, {chantries and other devout places}, clergy and people; to make inquiry, reform, suspend, excommunicate and punish any transgressions and faults of the churches (etc.); to take cognisance, proceed and determine in any causes and controversies which should happen to be moved in the visitation; and to do all and sundry necessary and opportune to carry out the visitation, until the prior resolves these powers should be revoked; since he is prevented from attending in person for various, difficult matters of the monastery of Durham.
Date: Durham, 5 April 1502.
f.125r-v   6 April 1502
Commission by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire, to the keeper of the said spirituality stating that since he intends to visit the churches, prebends and other places of the spirituality and its people, he commands him to cite or cause to be cited all and sundry rectors, prebendaries, vicars, beneficed clerks, any others celebrating divine [services] and the ministers of all and sundry churches, chantries, chapels and places mentioned below and from each vill there (depending on its size) twelve, eight, six, four or two trustworthy men, to appear, either in person or by proctor, before him, his commissaries, one or many, or lieutenants on the days and places contained in the attached schedule. Those holding benefices are to exhibit their titles and letters of their acquisition of their benefices and incumbency. They as well as other parish chaplains and those celebrating divine services are to exhibit their letters of ordination and anything else canonical which they have on their behalf in this regard. He is to admonish or cause to be admonished all and sundry beneficed clerks within the prior's jurisidiction to make provision on the said days and places for the accustomed procurations attached to the jurisdiction to be paid in full. By letters patent reciting the contents hereof, he is to take care to certify him or his commissaries on the days and places appointed as to what he has done regarding the aforementioned and how he has executed the prior's mandate, along with the names of those cited by him.
Date: Durham, 6 April 1502.
f.125v   1 May 1502
Mandate [by Thomas, prior of Durham] (in margin: to John Clifton') stating that since he has resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Jarrow, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 1 May 1502.
f.125v   1502
[Memorandum] that a letter of removal was issued to John Porter from the monastery [of Durham] to the cell of Wearmouth.
Date: (day and month blank) 1502.
f.125v   12 September 1503
[Memorandum of] petition by George Byrket of Gressingham, Lancs., who came to Durham cathedral on 12 September 1503 and, after the bells had been tolled, asked for sanctuary for the reason that, in connection with an assault made on him by a certain John Robyns, he struck John on the head with a staff in the king's highway within the vill of Gressingham on Saturday next before St Bartholomew next last past [19 August], from which blow he died at once, for which felony George sought sanctuary.
Witnesses: Richard Farne, John Dan of the vill of Newcastle etc., Th(omas) Wren', William Crostwhett and others.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.38 no.lxxxix.
f.126r   [?1503]
Language:  English and Latin
Memorandum that in the statute concerning the royal prerogative, c.1., there is this exception: with the exception of the fees of the bishop of Durham between the Tyne and Tees.
f.126r   [?1503]
[Memorandum] likewise, an inquisition in the bishopric of Durham by the writ of the bishop after the death of Ralph, earl of Westmorland, namely, Daw Raby and Ralph, his kinsman and heir, was then nineteen years of age, in the following tenor:
f. 126r-127v   19 November [1425]
Inquisition post mortem
It was found by inquisition taken at Durham before Robert Eure, escheator, etc. on 19 November 20 Pont. of Thomas [Langley], bishop of Durham, by virtue of a writ by oath etc. that Ralph, lately earl of Westmorland, named in the said writ, held on the day he died for himself and his heirs male from the handing over of Robert Coverham, Gilbert Elvett and others the castle and vills of Brancepeth, Stockley and Willington with the advowson of the church of Brancepeth, held from the bishop in chief by homage, fealty and knight's service of two fees and common suit at the county of Durham and worth 100 marks p.a..
Likewise, that Ralph died seized in his demesne as of fee of:
20 messuages, 300 (400 in the i.p.m. in TNA) acres of land, 40 acres of meadow and 2000 acres of moor and pasture in the forest of Brancepeth with Crook (Cruyk) and one water mill there, worth £12 p.a. and held from the bishop in chief;
of the manor of Helmeland with appurtenances, held from the bishop in chief and worth £14 p.a.;
2 messuages and 2 bovates of land in Hunwick, held from the bishop in chief and worth 6s 8d p.a.;
the manor of Tudhoe with appurtenances, held from the bishop in chief and worth £30 p.a.;
10 burgages in Sunderland near the sea, held from the bishop in chief and worth 40s p.a.;
2 messuages and 100 acres and a coal mine in Woodifield, held from the bishop in chief and worth 40s p.a.;
the manor of Holywell with appurtenances, held from the bishop in chief and worth £10 p.a.;
the manor of Birtley with appurtenances, worth 10 marks p.a. and held from the bishop in chief;
2 messuages and 200 acres of land in Fishburn, held from William Claxton and worth 40s p.a.;
the manor of Oxenhall with appurtenances, held from the bishop in chief and worth £20 p.a.;
one messuage and 3 bovates of land with appurtenances in Cockerton, held from the bishop {in chief} and worth 13s 4d;
the manor and vill of Stanley and Billy Row, held from the bishop as a parcel of the manor of Brancepeth, by what service the aforesaid jurors do not know, and worth 40s p.a. above reprises;
the manor of ?Wooley Hill (Wyllyhall) with appurtenances, held from the bishop as a parcel of the manor of Brancepeth, by what service the jurors do not know, and worth 26s 8d p.a. above reprises;
one messauge with appurtenances called Coksidehouse near Hedleyhope, held from the bishop in chief and worth 2s p.a. above reprises;
7 messuages, 12 cottages, 24 burgages, 6 bovates, 6½ acres of land and 6 acres of meadow with appurtenances in Darlington and one enclosure and one dove-cot there, held from the bishop in chief and worth 40s p.a. above reprises;
one messuage and 10 acres of land in Haughton[-le-Skerne], held from the bishop in chief and worth 5s p.a.;
one enclosure called Mawfelde with a mine there and one enclosure called Colteparke, held from the bishop in chief and worth 40s p.a., by what service the aforesaid manor, lands and tenements are held the jurors do not know;
Thomas, duke of Exeter, John Carbonell, knight, William Mounteney, clerk, and William Wawton, esquire, were lately seized (etc.) of the castle and manor of Raby and Staindrop with the advowson and patronage of the collegiate church of Staindrop with its members and appurtenances, namely, the forest of Langley, Newsham, Eldon, Shotton, Ingleton, Snotterton with the moiety of the vill of Cleatlam, Hylton and Wackerfield with their appurtenances, and the manor of Cockfield with Wodland and the advowson of the church thereof with their appurtenances; they let, demised and confirmed to the said Ralph and Joan, his wife, still surviving, by the name of Ralph, earl of Westmorland and Joan his wife, the aforesaid castle and manor with the aforesaid advowsons and members by the name of the castle and manor of Raby with the park of Raby and the forest of Langley, the manor of Cockfield with the advowson of the church thereof with its appurtenances, and all other lands and tenements, revenues, services, assets and profits with their appurtenances which they had in the vills of Raby, Staindrop and Cockfield in the bishopric of Durham, to be held of Ralph and Joan and his heirs male by a certain writing of theirs [?his], composed in respect thereof and shown to the jurors. By virtue of this, Ralph and John were seized of the aforesaid castle, manors [and] advowsons with all their members named above, namely Ralph in his demesne as of fee tail and Joan as of freehold, and in that state Ralph died seized jointly with Joan. This castle, the manor of Raby and Staindrop with the advowson of the collegiate church there with Newsham, Eldon, Shotton, Ingleton [and] Snotterton with the moiety of the vill of Cleatlam, Hylton and Wackerfield with the aforesaid members are held from the prior of Durham by service of one deer and 100s and are worth £100 p.a.; the forest of Langley, the manor of Cockfield and the advowson of the church thereof with their appurtenances are held from the bishop in chief, the forest worth £16 p.a. and the manor £20 p.a.;
Ralph died seized (etc.) of one messuage and 100 acres of land and meadow in Allenshiel, worth 60s p.a and held of the bishop in chief;
The said Ralph, named in the writ, did not hold on the day he died many lands or tenements in the said county from the bishop or another, as can be established at present, for the reason that Ralph, earl, by the name of Ralph, earl of Westmorland, lord of Neville, Raby and [Bishop] Middleham, granted and confirmed by his charter to William Tunstall', William Horne, clerks, Gilbert Wawton, John Morton and John Qwixley, their heirs and assigns, his manors of Keverstone, Blackwell, West Brandon with Ivesley, Rowley (Roules), Hedley, Cornsay with Hedleyhope, Thornley, Greenwell, Helme Park, Binchester, Byres, Whitworth, Whitlow, West Burdon, Pelton, Winlaton with the coal mines of Fullaput and Morlayputt with their appurtenances and all other lands, tenements, revenues, services, fees, advowsons, reversions (etc.) and all other property and possessions which he had in the aforesaid vills by a certain writing of theirs [?his], composed in respect thereof and shown to the jurors;
By a certain other writing shown to them, Ralph, named in the writ, gave and confirmed to the said William (etc.) his manors and vills of Stotfold and Newton with all their appurtenances and all other lands, tenements, revenues, services, enclosures, pastures, profits and possessions which he had in the aforesaid manors and vills. By virtue of this, William (etc.) were and are seized of the aforesaid manors and vills. The manor of Keverstone is held of the prior of Durham, and the manor of West Brandon (etc.) with the said mines and the manors of Stotfold and Newton with appurtenances are held from the bishop.
Ralph died on 21 October last past. Ralph, son of John Nevill, deceased, is the kinsman and heir of the aforesaid Ralph, the late earl, namely, the son of John, son of the aforesaid Ralph, the late earl, and is nineteen years and nine weeks of age.
f.127v   [?1503]
[Memorandum] Likewise, the grant of the bishop of Durham concerning the keeping of lands and tenements which had been Ralph's, the late earl, within the bishopric of Durham, in the following tenor:
f.127v-128r   16 April [1426]
Grant by Thomas, bishop of Durham that for £200 which William Eure, knight, William Spence, clerk, and William Hoton of Hardwick acknowledged that they owe to him, to be paid at St John the Baptist [24 June] and Christmas next in equal portions, he committed to them the keeping of the manor and vill of East Brandon with appurtenances, 20 messuages, 40 acres of land, 40 acres of meadow, and 2000 acres of moor and pasture in Brancepeth with le Crewik and one water mill there, the manor of Helmeland with appurtenances, 2 messuages and 2 bovates of land in Hunwick, the manor of Tudhoe with appurtenances, 10 burgages in Sunderland near the sea, the manors of Holywell and Birtley with appurtenances, 2 messuages and 200 acres of land in Fishburn, one messuage and 3 bovates of land in Cockerton, the manor and vill of Stanley and Billy Row, the manor of Wellhall with appurtenances, one messuage with appurtenances called Coksidehouse, 7 messuages, 12 cottages, 24 burgages, 6½ acres of land, 6 acres of meadow with appurtenances in Darlington, one enclosure and one dove-cot there, one messuage and 20 acres of meadow in Nethircunscliff, one burgage in Durham marketplace, 2 messuages in Durham, 5 tofts with gardens and 8 acres of land in Gilesgate, a certain annual rent of 20s in Houghton[-le-Spring], a certain annual rent of 20s in West Morton, an annual rent of 2s in Gilesgate in Durham, the manor of Cambois in Bedlingtonshire, one messuage in Netherton, the moiety of the manor of ?Westlikburn, 6 messuages with appurtenances there, the manor of Choppington, and one messuage and 6 acres of land and meadow with appurtenances in Medomsley, and also the keeping of two parks of the castle of Brancepeth with the vill of Brancepeth and Stockley, excepting le Westparke, ?Allenshiels (Aleynshaw), Heryngfelde and Rontokhall in Stockley as they were enclosed, which were Ralph's, lately the earl of Westmorland, deceased, which he held from the bishop in chief, and which by the death of the aforesaid earl, <kinsman>, and by reason of the minor age of Ralph, son of John, son of the aforesaid earl, his kinsman and heir, came into and remain in the bishop's hands, to be held from Michaelmas last past until 16 September next, saving to him and his successors the revenues, farms and services which were accustomed to be rendered to him and his predecessors before they came into his hands, in supporting the houses and buildings on the manors, lands, tenements and two parts of the said castle and also all other charges incumbent on the same manors (etc.) for as long as they have custody.
Date: 16 April 21 Pont.
f.128v   [?1503]
[Memorandum] Likewise, the assignment of dower, made in the bishop's chancery, of Joan, who was the wife of the late earl, of the lands and tenements which had been the earl's, on oath that she will not marry without licence from the bishop, in the following tenor:
f.128v   6 April [1425]
Assignation of dower by Thomas, bishop of Durham to Robert Eure, his escheator in the county of Durham, commanding him to cause to be assigned to Joan (who was the wife of Ralph, the late earl of Westmorland, deceased, who held from the bishop in chief on the day he died), whose oath the bishop received that she will not marry without his licence, her reasonable dowry of all the lands and tenements which had been the earl's in Robert's bailiwick on the day he died and which by the death of the earl and by reason of the minor age of Ralph, son of John, son of the aforesaid earl, his kinsman and heir, were taken into and remain in the bishop's hands, according to the law and custom of the realm of England and his royal liberty of Durham, by the extent made thereupon or another, if necessary, to be made, delivering to Joan the revenues, if Robert has taken any from the time of the death of the said earl, to be held from the bishop's gift. When he has thus made the assignment, he is to send it under his seal to the bishop so that he can cause it to be enrolled in the rolls of his chancery.
Date: etc., 6 April 20 Pont.
f.128v   [?1503]
[Memorandum] Likewise, livery after age [was] proven by virtue of the writ etc., made outside his chancery of Durham, for all the lands and tenements which had been the late earl's and [have come] into the bishop's hands by reason of the minor age of the aforesaid heir and ?with homage respited etc., in these words:
f.128v-129r   8 September [1431]
Livery by Thomas, bishop of Durham to his escheator in the county of Durham since Ralph, son of John Nevill, knight, deceased, the kinsman and heir of Ralph, the late earl of Westmorland, deceased, who held from the bishop in chief, sufficiently proved his age before the escheator, as was found by that proof taken from the bishop's mandate and returned into his chancery, he resolved that the homage and fealty of Ralph, the son, due to the bishop for all the aforesaid lands and tenements with appurtenances which Ralph, the late earl, held from the bishop in chief on the day he died, should be remitted from the bishop's special (?spiritual) grace and by fine of 6s 8d, paid into his hanaper, until Christmas next. The bishop therefore commands him to cause the same Ralph, the son, to have full seisin of all the aforesaid lands and tenements with appurtenances and all other lands and tenements of which the aforesaid Ralph, the late earl, was seized in his demesne as of fee in the escheator's bailiwick on the day he died, which by the death of Ralph, the late earl, and by reason of the minor age of Ralph, the son, were taken into the bishop's hands, saving anyone's right and the reasonable dower of Joan, who was the wife of Ralph, the late earl, from all the aforesaid lands and tenements which the bishop previously assigned to her in his chancery.
Date: etc. 8 September 27 Pont.
f.129r   [?1503]
Memorandum that after the death of the said late earl, inquisitions post mortem by virtue of the writs of king Henry VI, 4 A.[R.]. [1 Sep. 1425-31 Aug. 1426] were found in all the counties where the same earl had any lands or tenements outside the bishopric. It was found by them that his said heir was the kinsman and heir of the same earl, namely, the son of John, son of the said earl, nineteen years of age, and they agree with the inquistion in the bishopric of Durham, namely, about the day of the death of the said earl, the age of the said heir, and the same heir. Likewise, the same heir had livery outside the king's chancery in all the same counties outside the bishopric of Durham, according to the standard procedure of the king's chancery, namely, 7 A.[R.] Henry VI [1 Sep. 1428-31 Aug. 1429], in this tenor:
f.129r-v   24 February [1429]
Livery by the king [Henry VI] etc. to his escheator in the county of Westmorland since Ralph Nevill', son of John Nevill, knight, son of Ralph, lately the earl of Westmorland, deceased, the kinsman and heir of the same earl and the son and heir of Elizabeth, who was the wife of the aforesaid John who held from the king in chief, sufficiently proved his age before William Lowther, the king's escheator, in the county of Cumberland, as was found by that proof taken from the king's mandate and returned into his chancery, he received the homage and fealty of Ralph, the son, due to the king both for all the lands and tenements which the late earl and Elizabeth held in their demesne as of fee and for those lands and tenements which Lucia [nee Visconti], who was the wife of Edmund [Holland], late earl of Kent, held in dower for the term of her life from the inheritance of the said Ralph, the son, from the king in chief on the days they died, he surrendered to him those lands and tenements with appurtenances. He commands him to cause Ralph, the son, to have without delay full seisin both of all the aforesaid lands and tenements with appurtenances, of which the said earl of Westmorland and Elizabeth were seized in their demesne as of fee, and of those lands and tenements which Lucia held in dower for the term of her life from the inheritance of Ralph, the son, in the escheator's bailiwick on the days they died and which by the death of the late earl, Elizabeth and Lucia [and] by reason of the minor age of Ralph, the son, were taken into the king's hand, saving anyone's right.
Witness: etc.
Date: Westminster, 24 February 7 A. R. Henry VI.
f.129v   [?1503]
Memorandum that in none of the aforesaid inquisitions outside the bishopric of Durham was there any mention of any lands of the said late earl in the bishopric, nor did the king claim or have any.
f.129v   [?1503]
[Memorandum] Likewise, an inquistion in the bishopric of Durham by writ of the bishop after the death of Joan, who was the wife of the late earl, by which it was found that the said heir was then of full age, etc., in the following tenor:
f.129v-132v   [11 January 1441]
Inquisition post mortem It was found by a certain inquisition taken at Durham on Wednesday next after Epiphany 3 Pont. [11 January 1441] of Robert, bishop of Durham, before William Pudsay, the bishop's escheator in the county of Durham, by virtue of the bishop's writ of diem clausit extremum, directed to the same escheator and sewn to this inquisition, by oath etc., that Joan, lately countess of Westmorland, named in the said writ, held in dower for the term of her life on the day she died from the assignation (the document on f.128v) of Robert Eure, lately escheator of Thomas Langley, lately bishop of Durham, in the aforesaid county, by virtue of the late bishop's writ, directed to the late escheator, concerning the inheritance of Ralph, the present earl of Westmorland, kinsman and heir of Ralph, the late earl of Westmorland, namely, the son of John, son of the late earl, pertaining by reversion after the death of the said Joan to the present earl in the said county, the manors, lands and tenements written below, namely:
the outer ward or court of the castle of Brancepeth outside the bridge and ditch of the inner court with all walls, houses, chambers and outbuildings situated in the same outer ward or court which are worth nothing p.a. above reprises, and it is held from the bishop as a parcel of the castle of Brancepeth;
the third occasion of presenting to the church of Brancepeth which is worth nothing above reprises;
the third part of the bridge of the outer court or ward along with the ditch of the nearer fish pond outside the walls of the same ward which is worth nothing p.a. above reprises;
the third occasion of presenting to the church of St Mary in the South Bailey, Durham, worth nothing p.a.;
all and sundry of these parcels are held from the bishop as a parcel of the castle and manor of Brancepeth;
the vill of Willington, common pasture and its other appurtenances with the free farm of 100s, 2 parts of one stone of wax, one barbed arrow, one pound of pepper, one pair of gloves and 2 hens, to be paid yearly at Easter and issuing yearly from the lands and tenements of William Bowes, knight, in the same vill.
And there are in the same town:
20 messuages, each worth 6d p.a. above reprises, 400 acres of arable land and meadow, each worth 3d p.a. above reprises, 300 acres of pasture which is common to all the tenants of the vill, and worth nothing p.a., and one park within the vill of Stockley, in which 300 acres are contained from the lands and wood, each worth 3d p.a. above reprises;
a certain place called Akynshaw, Eringtonfelde and Ruttokhall, as are enclosed by the walls and palisades within the same park and they contain 30 acres of land, each worth 3d p.a. above reprises;
the manor of Oxenhall, containing one ruined messuage, worth nothing p.a., and one carrucate of land and meadow, worth £4 p.a., and one messuage and 100 acres of land and meadow with appurtenances in Alaneshaw, worth 30s p.a., and one enclosure called Coltparke with Mawfelde and the coal mine there, worth 60s p.a., and one messuage and 10 acres of land with appurtenances in Haughton[-le-Skerne], worth 3s 4d p.a..
They say that the said whole manor and castle of Brancepeth with all their members and appurtenances above are held from the bishop by service of two knight's fees and common suit at the county of Durham.
Likewise, they say that John Galaway, clerk, was seized in his demesne as of fee of the manors of Staindrop and Raby with their members and appurtenances, namely, the forest of Langley, the vill of Newsham, Eldon, Shotton, Ingleton, Snotterton, the moiety of the vill of Cleatlam, Hylton and Wackerfield with appurtenances, with the advowson and patronage of the collegiate church of Staindrop and by fine, drawn up in the court of Thomas Hattfeld, lately bishop of Durham, on Friday, the day after St Matthew 24 Pont. [22 September 1368] before John Mowbray and his associates, justices of the bishop, he granted and surrendered the same manors of Staindrop and Raby with the aforesaid members, namely, the forest of Langley (etc.), by the name of the manors of Staindrop and Raby with appurtenances, to a certain John Nevill, knight, to be held for his life, with remainder after his death to Alice, who was the wife of Ralph de Nevill, knight, to be held for her life, with remainder after her death to Ralph, late earl of Westmorland, and his legitimate male heirs, by the name of Ralph, son of the aforesaid John. By virtue of this John and Alice were seized as of freehold and died seized in that state. After their death the late earl entered those manors and advowson with their aforesaid appurtenances and members and was seized in his demesne as of fee tail by virtue of the aforesaid fine. Thus seized, he gave and granted the manors of Staindrop and Raby with their members, namely, the forest of Langley (etc.) to Thomas, late duke of Exeter, John Carbonel, knight, William Mounteney, clerk, and William Wawton, esquire, to be held by them and their heirs and assigns in perpetuity. By virtue of this, they were seized in their demesne as of fee and gave the same manors of Staindrop and Raby with their aforesaid members, namely, the forest of Langley (etc.), to Ralph, the late earl, and to Joan, lately his wife, to be held by them and his heirs male. By virtue of this, Ralph and Joan were seized of the aforesaid manors with their members, namely, the forest of Langley (etc.), namely, Ralph in his demesne as of fee tail and Joan as of freehold, and in that state Ralph died, seized jointly with Joan. After his death, Joan gave and granted the aforesaid manors with their said members, advowson and patronage with appurtenances to Richard [Beauchamp], earl of Warwick, Thomas [Montague], earl of Salisbury, Richard de Nevill, earl of Salisbury, her son, John, lord of Talbott and Fourenevale, William Fitzhughe, lord of Ravensworth, William Haryngton, Thomas Tunstall, knights, and Thomas Chawter, esquire, to be held by Richard and Thomas, earls, and their co-feoffees for the term of Joan's life. By virtue of this, they were seized for the term of her life and continued their position and possession during her life and at the time of her death. They say that the said castle [and] manors of Staindrop and Raby with the aforesaid patronage, members and appurtenances, namely, Newsham (etc.), are held of the prior of Durham, by what service they do not know. They say that in the same manor of Raby a castle [was] built, worth nothing p.a.
There are in the same manor 100 messuages and cottages, each worth 8d p.a. above reprises, and 300 acres of arable land and meadow, each worth 3d p.a., and there is one park there worth 100s p.a. above the support of the game and the repair thereof, and there are 300 acres of pasture in severalty, worth 20s p.a., and one water mill for grain worth 6s 8d p.a. and 200 acres of common pasture, worth nothing p.a. There are in the same manor of Staindrop 100 messuages and cottages, each worth 8d p.a., and 400 acres of arable land and meadow, each worth 3d p.a., and a certain parcel of meadow called le Carr', worth 53s 4d p.a. and one enclosure, worth 10s p.a., and 300 acres of pasture which are common to the tenants of the manor, and therefore worth nothing p.a. There are two water mills there, worth 100s p.a. above reprises. There is 100s there from the assise rents, to be paid annually by the hands of divers freeholders there at Pentecost and Martinmas. They say that the patronage of the collegiate church of Staindrop is worth nothing p.a. The aforesaid vill of Newsham is worth 40s p.a., the vill of Eldon with appurtenances £8 p.a. above reprises, the vill of Shotton 40s p.a. above reprises, the vill of Ingleton 10s p.a. and the vill of Snotterton and the moiety of the vills of Cleatlam, Hylton and Wackerfield 60s p.a. above reprises. They say that the forest of Langley is held from the bishop in chief by fealty and is worth 20 marks p.a. above reprises.
Likewise, they say that the aforesaid Thomas, duke of Exeter (etc.) were seized in their demesne as of fee of the manor of Cockfield with Wodland with the advowson of the church of Cockfield. They gave and granted the said manor with Wodland and the advowson to Ralph, late earl of Westmorland, and to Joan, his wife, named in the aforesaid writ, and his heirs male. By virtue of this, Ralph was seized in his demense as of fee tail and Joan as of freehold. In that state Ralph died, seized jointly with Joan. Joan afterwards gave and granted the said manor with Wodland and the advowson to Richard, earl of Warwick, (etc.), to be held by them for the term of Joan's life. By virtue of this, they were seized for the term of her life and continued at the time of her death, with reversion after her death to Ralph, the present earl of Westmorland, as kinsman and heir of the late earl, namely, son of John, son of the late earl. They say that the manor of Cockfield with Wodland and the advowson is held from the bishop by service of the third part of one knight's fee. They say that there are 20 messuages in the same manor of Cockfield, each worth 8d p.a., and 10 ruined cottages, worth nothing p.a. above reprises, and 300 acres of land and meadow, each worth 3d p.a. above reprises, and one great wood called Cockfield park, worth nothing p.a., and 300 acres of common pasture, worth nothing p.a. above the pasture of the tenants of the manor.
The jurors further say that Ralph, the late earl, by the name of Ralph, earl of Westmorland, lord of Nevill, Raby and [Bishop] Middleham, by certain writing of his, shown to the jurors, granted and confirmed by that charter to William Tunstall, William Horne, clerks, Gilbert Wawton, John Morton and John Qwixley, their heirs and assigns the manors of Keverstone, West Brandon, with Ivesley, Rowley, Hedley, Cornesay with Hedleyhope, Thornley, Greenwell, Helme Park, Binchester, Byres, Whitworth, West Burdon, Pelton and Winlaton with the coal mines of Fullaputt and Morleyputt with their appurtenances among others and all other lands, tenements, revenues, services, fees (etc.) and all other property and possessions which the late earl had in the vill of Keverstone, West Brandon, Ivesley, Rowley, Hedley, Cornesay, Thornley, Binchester, Byres, Whitworth, West Burdon, Pelton [and] Winlaton with all their appurtenances. By the same writing the late earl bound himself and his heirs to warrant for them all and sundry manors, lands, tenements, revenues, possessions and property contained in the same writing. By virtue of this, they were seized in their demesne as of fee and continued their position afterwards. They say that Joan did not die seized of any parcel nor in any way held a parcel of any of them on the day she died.
The said jurors say that the late earl, by the name of Ralph de Nevill, earl of Westmorland, by his charter shown to the jurors, granted and confirmed by that charter to William (etc.) his manors and vills of Stotfold and Newton with all their appurtenances among others and all other lands, tenements, services, enclosures, woods, meadows (etc.) and possessions with their appurtenances which the late earl had in the same manors and vills. By the same charter the late earl bound himself and his heirs to warrant for them the manors, vills, lands, tenements (etc.). By virtue of this, they were seized in their demesne as of fee and continued their position for the entire life of the late earl and at the time of his death and for a long time afterwards. They say that Joan, did not die seized of any parcel of the manors, vills, lands (etc.) or held a parcel of any of them on the day she died.
The said jurors say that: Joan did not hold any other or many lands or tenements in demesne or service for the term of her life, or in dower from the bishop or any others within the county of Durham on the day she died; she died on 13 November last past; Richard, earl of Salisbury, is her son and next heir and is forty years of age and more; Ralph, the present earl of Westmorland, is kinsman and heir of the Ralph, the late earl, namely, the son of John, son of the late earl; the present earl is thirty years of age and more.
Date: the day, place and year abovesaid.
f.132v   [?1503]
[Memorandum] that the heir had livery, made outside the chancery of Durham, of the land which the said Joan held for the term of her life and in dower after the death of the said late earl. The same heir did homage to Robert, bishop of Durham. This homage was remitted by the predecessor of the bishop ?concerning the livery made to him after the death of the said earl, in the following tenor:
f.132v-133r   1 October [1441]
Livery by Robert, bishop of Durham to his escheator in the county of Durham. Since he received the homage and fealty of his kinsman, Ralph, earl of Westmorland, son and heir of John, son of the late earl of Westmorland, due to the bishop for all the lands and tenements which Joan, lately countess of Westmorland, who was the wife of the late earl, held from the bishop in chief both in dower and for the term of her life on the day she died, from the inheritance of the aforesaid present earl, and the bishop surrendered those lands and tenements with appurtenances and he made satisfaction to the bishop in his chamber for his reasonable relief, the bishop commands him to cause the present earl to have full seisin of all the aforesaid lands and tenements with appurtenances which the said countess held both in dower and for the term of her life from the hereditament of the present earl in the escheator's bailiwick on the day she died and which after her death were taken into the bishop's hand, saving anyone's right.
Date: Durham, by the hand etc., 1 October 4 Pont.
f.133r   [?1503]
[Memorandum] Likewise, that inquisition by the writ of the bishop after the death of Michael de la Pole, the earl of Suffolk, for the lands in the bishopric around the fifth year of Henry V [21 March 1417-20 March 1418] in the time of Thomas, bishop of Durham, by which it was found that Michael de la Pole was his son and heir and of full age, in the following tenor:
f.133r-v   16 October [1415]
Inquisition post mortem It was found by inquisition taken at Durham, 16 October 10 Pont. [1415] of Thomas, bishop of Durham, before William Claxton, knight, the bishop's escheator in the county of Durham, that Michael de la Pole held from the bishop in chief in [his] demesne etc.:
the manors of Bradbury and the Isle there by half of one knight's fee and common suit at the county of Durham from quindene to quindene, excepting one messuage, 2 bovates of land, 29 (39 in the i.p.m. in TNA) acres of land, 7 acres of meadow and one garden, lately Richard Muskelerd's, with appurtenances in Bradbury, [?granted] to a certain Thomas Jacson by the said late earl for Thomas's entire life by his charter, etc., rendering yearly to the same earl and his heirs 26s 8d at Pentecost and Martinmas; and the aforesaid manor with appurtenances, excepting that previously excepted, along with the aforesaid rent worth £20 p.a. above reprises.
Likewise, the earl held from Matilda Bowes and John Boys in chief in [his] demesne etc, one messuage, three tofts and two carrucates of land with appurtenances in Great Chilton, by fealty and service of one pound of cumen p.a., worth 6 marks p.a. above reprises and the aforesaid service.
Likewise, he held from Isabel de Claxton 100 acres of land and 2 acres of meadow with appurtenances in Fishburn by fealty and service of the third part of one pound of pepper, worth 30s p.a. above reprises and the aforesaid service.
Likewise, he held 115 acres and 2 bovates of land and 7 shillings worth of rent with appurtenances in Foxton from John Sayre and Thomas de Seton by fealty and service of 2s p.a., worth 40s p.a. above reprises and service.
Likewise, 5 acres of meadow with appurtenances in Stillington from the master of Morton hall by fealty and service of one rose p.a., worth 13s 4d above reprises and service.
Likewise. one messuage, 3 tofts, 20 bovates of land and 5 acres of meadow and one pound of pepper in Preston-le-Skerne from Ralph, earl of Westmorland, by fealty and foreign service and by 3 appearances at the court of Brancepeth p.a., worth 6 marks p.a. above reprises and the aforesaid service.
There remains, as above.
Michael de la Pole, the son of the late earl, is his next heir and is of twenty-one years of age.
f.133v   [?1503]
[Memorandum] Likewise, livery, made outside the bishop's chancery and ?with homage respited etc., for William de la Pole, kinsman and heir of Catherine, one of the daughters and heirs of Michael de la Pole, son of Michael de la Pole, lately earl of Suffolk, sister and heir of Isabel, another sister and heir of Elizabeth, third of the daughters and heirs of the aforesaid Michael de la Pole. Michael, the son, Elizabeth, and Isabel, lately died when they were under age and the said Catherine lately, when she was under age and in the bishop's custody, assumed the religious habit etc., in the following words:
f.133v-134r   17 September [?1423]
Livery by Thomas, bishop of Durham, to his escheator in the county of Durham that from his ?special grace he has respited until St John the Baptist [24 June] next the homage and fealty of William de la Pole, earl of Suffolk, kinsman and heir of Catherine, one of the daughters and heirs of Michael de la Pole, son of Michael de la Pole, the late earl of Suffolk, sister and heir of Isabel, another of the sisters and heirs of Elizabeth, third of the daughters and heirs of Michael de la Pole, the son (Michael, the son, Elizabeth and Isabel lately died when they were under age and in custody, and Catherine lately, when she was under age and in the bishop's custody, assumed the religious habit, in which she was professed, as Ellen, abbess of the Minoresses in Bruisyard, Suffolk, certified the bishop in his chancery, due to the bishop from all the lands and tenements which the aforesaid late earl held from him in chief on the day he died in the escheator's bailiwick, excepting those lands and tenements which Elizabeth, who was the wife, still surviving, of Michael, the son, is assigned, and the bishop surrendered to her those lands and tenements with appurtenances. The bishop commands him, having accepted security from the aforesaid earl for his reasonable relief to be paid to the bishop at his exchequer, to cause the same earl to have full seisin, along with the revenues received from Pentecost last past, of all the lands and tenements which the late earl held from the bishop in chief in the escheator's bailwick on the day [he died], excepting that previously excepted, and which by the death of the late earl and by reason of the minor ages of Michael, the son, Catherine, Elizabeth, the daughter, and Isabel were taken into and remain in the bishop's hand, saving anyone's right.
Date: etc., 17 September “in the eighteenth year etc.” [?18 Pont.]
f.134r-v   21 July [1501]
Grant [by letters patent] by Richard, bishop of Durham that for £100, paid to his hands by Roger Layburn, clerk, and William Bulmer, knight, of which the bishop acknowledges himself paid and Roger and William quit, and for 1000 marks, to be paid to him at Martinmas next, he sells, bargains and grants to them the custody of all and sundry castles, demesnes, manors, lands, tenements, revenues, services, reversions, knight's fees, advowsons of churches, chapels, chantries, colleges and all other advowsons and all other hereditaments which were lately Ralph's, late earl of Westmorland, deceased, within the bishopric of Durham and the liberty thereof, and which by fine after the death of the late earl and by reason of the minor age of Ralph, his kinsman and heir, the present earl, came or should come to and are now in the bishop's hands, excepting all those lands and tenements which were lately the late earl's in Stotfold, Keverstone and Hunwick within the bishopric of Durham, all and sundry aforesaid castles (etc.) with appurtenances and the keeping of the same, excepting that previously excepted, to be held and enjoyed by them and their assigns, during the minor age of the aforesaid heir, to their own uses and to the uses and purposes of paying and causing to be paid all the annual rents to be had and levied by the bishop from the aforementioned castles (etc.), before these times by his letters patent, howsoever granted or assigned. If the said heir dies before he reaches full and legal age, his heir or heirs being under age, the bishop wills and grants to them <and their assigns> for the aforesaid sums paid and to be paid to him, as aforementioned, the custody of all and sundry castles (etc.) with appurtenances, excepting that previously excepted, to be held by them and their assigns during the minor age of the then heir or heirs until their full and legal age etc. from heir to heir until some heir reaches full and legal age and for as long as the aforesaid castles (etc.) should be or remain in the hands of the bishop, his successors or assigns by reason of the minor age of the present heir or of some heir or heirs or otherwise, to their own uses and the uses and purposes of [making] payments of the aforesaid annual rents without rendering or otherwise paying any account or any other to the bishop or his successors. They are quit in perpetuity towards the bishop and his successors from all that which above the payments of the said annual rents was left or will remain from the farms, revenues, profits or reversions of the said demesnes, manors, lands, tenements and others aforementioned with appurtenances, excepting that previously excepted. All that which was thus left or will remain should be converted and remain to their own uses for the reason that no express mention was made of the true annual value or of any value or certificate of the aforementioned or about any gifts or grants made to them before these times, notwithstanding any act, statute, ordinance (etc.) to the contrary or any other matter or cause.
Witness: Roger Layburn, clerk, the bishop's chancellor.
Date: Durham, 21 July 16 A. R. Henry VII.
f.134v-135r <90>   24 July [1392]
[Grant to] Thomas, duke of Gloucester, the king's uncle, for £888 17s 10½d p.a., of the custody of 2 parks, all the castles, manors, demesnes, lands, revenues and tenements with appurtenances which were Thomas's, lately the earl of Stafford, the king's kinsman, deceased, who held from the king in chief, and which by the death of the aforesaid earl and by reason of the minor age of William, his brother and heir, are in the king's hand, excepting the dower of Anne, who was the earl's wife, and the castles, manors, demesnes, lands, revenues, tenements, annuities and offices with appurtenances from the earl's inheritance, granted before these times by letters patent to any persons for [the term] of life or years, excepting fees and advowsons;
on 24 July 16 A. R. [Richard II] [1392] the king granted this custody to the aforesaid duke, to be held from the time of the death of the said earl until [William] reaches legal age, rendering to the king at farm in any year at the king's exchequer at Michaelmas and Easter in equal portions however much the farmers of the said castles (etc.) rendered to the king for the same, while the aforesaid earl was of minor age and in the king's custody, excepting the third part of the said farm for the aforesaid dower and excepting the value of all the aforesaid excepted, and further rendering to the king the value of the castles (etc.) which, by the death of those who held them or by any other route, hitherto came or will come to the said earl before his death after the farm [was] granted to the farmers, although the said duke thus had custody, provided always that the duke finds sufficient support for the earl and causes to be kept and maintains the said castles (etc.) without waste and destruction in a good or better state and sustains all the charges incumbent on the same castles (etc.) for as long as the duke has that custody in which the aforesaid farmers were obliged to sustain. The king further grants that the said Anne has her reasonable dower from the castles (etc.), along with the revenues received and to be received after the death of the abovesaid earl in the original of 16 A. [R.] in the twenty-second roll. The late earl died on 4 July 16 A.[R.] [1392], as is contained in the ?account of Thomas Waleweyn, lately the king's escheator in the counties of Gloucester and Hereford, from 6 December 15 A.[R.] [1391] until 24 October following, in the roll of the escheator's account. For this entire custody the aforesaid farmers rendered to the king yearly 2000 marks, excepting the lands and tenements which are held from the archbishop of Canterbury by knight's service and excepting the other manors, lands and tenements of which certain persons at the time of the death of the earl of Stafford had been enfeoffed, as is said, as contained in the thirteenth roll of Staffordshire and in the tenth roll. £213 17s 11½d for the past year. Sum of £1102 15s 9d.
f.135v   9 August 1502
[Memorandum of] petition by (written over an erasure) Roger Raw, merchant, of the vill of Newcastle-upon-Tyne, Northumb., who came in person to Durham Cathedral on 9 August 1502 before the third hour after mid-day, and, after the bells had been tolled, as customary, asked for sanctuary for the reason that on 6 August in Newcastle in the street commonly called le Syde, he assaulted a certain man called Anthony Ray with le Scottes axe and grievously struck and wounded him on four parts of his body, namely, he wounded him on le flank, and near the breast on the left side of his body, and he grievously struck him on both arms. Fearing Anthony would die from these wounds {and blows} and that he would undergo the rigour of the law, Roger sought sanctuary, as abovesaid, and in the register-house of the prior of Durham [written over an erasure] that recognizance was made.
Present: William Inskyp of Durham, John Syde, merchant of the vill of New{castle}, and Christopher Raw, merchant of the same vill, and others.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.34-35 no.lxxx.
f.135v   12 August 1502
Memorandum of petition by Richard Cowpland of Egremont (altered from Richard Egremont of Cowpland), who came to Durham cathedral on 12 August 1502 and, after the bells had been tolled, asked for sanctuary for the reason that in connection with an assault made on him by a certain {John} Coltman from the same place on (blank) 1490 last past he struck and wounded him on the chest with le dagar in self-defence, from which blow he died at once, for which felony Richard sought sanctuary.
Witnesses: Robert Bird, John Lowder and William Inskipp'.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.35 no.lxxxi.
f.135v   12 September 1502
[Memorandum of] petition by William Turnor of Guisborough who came to Durham cathedral on 12 September 1502 and, after the bells had been tolled, asked for sanctuary for the reason that in connection with an assault on him by a certain Robert Rothe on 10 September he struck and wounded Robert on the chest with his own le dagar in self-defence, from which wound and blow he died at once, for which felony he sought sanctuary, as abovesaid.
Present: Richard Pollerd', gentleman, Christopher Rotheman' and Richard Warcopp'.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.35-36 no.lxxxii.
f.136r   1502
Quittance by Thomas, prior of Durham, to the master and scholars of Balliol Hall [Oxford] for a yearly pension of 10s for the terms of John the Baptist [24 June] and Christmas 1503, owed to the prior and monastery of Durham by reason of the appropriation of the church of Longbenton and assigned on the authority of the ordinary.
Date: Durham, (day and month blank) 1502.
f.136r   5 October 1502
Quittance by Thomas, prior of Durham, to the mayor and community of Newcastle-upon-Tyne, by the hands of a monk of Farne Island, for £9 3s 4d, received on the date of the presents, for the term of Michaelmas last past in full payment of a certain yearly pension [granted] to the prior and monastery of Durham by the king's progenitors from the fee-farm of Newcastle, by the hands of the men thereof.
Date: Durham, 5 October 1502.
f.136r   29 September 1502
Appointment by Thomas, prior, and the chapter of Durham of Richard Caly, monk of Durham, as prior of the priorate or cell of Finchale, committing to him its care and administration, both in spiritualities and temporalities, until he has a further mandate from the prior; and commanding all whom this concerns to obey him as prior in all and sundry pertaining to the cell. He is to render yearly a faithful account of all receipts and expenses of the cell.
Date: Durham, 29 September 1502.
f.136v   10 October 1502
Licence and appointment by Thomas, prior of Durham, to his fellow monk, Richard Denand, granting licence to hear the confessions of his fellow monks and other religious in [Durham] College Oxford and to absolve them, with the absolving of grave faults reserved to the prior or his deputy; and appointing him receiver and bursar of the college, and committing to him the disposition of its goods with the consent of the warden, with account rendered to the prior of receipts and expenses with the warden. He is to labour personally at common expense in the affairs of the college, when necessary, according to the deliberation of the warden and fellows.
Date: Durham, 10 October 1502.
f.136v   18 October 1502
[Memorandum of] petition by Thomas Stokdell', lately of Bainbridge, Richmonds., York diocese, who came in person to Durham cathedral on 18 October 1502 and, after the bell had been tolled, asked for sanctuary for the reason that on 14 October eight years ago he feloniously struck a certain William Strikker in the vill of Bainbridge on the head with a pike staff, from which blow he forthwith died within three days, for which felony Thomas sought sanctuary.
Witnesses: Atkyn Watson', John Dichburn' and John Whitehed, clerk, N. P. by apostolic and imperial authority, and many others.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.36 no.lxxxiii.
f.136v-137r   [10 October 1502]
Language:   English
Grant by Thomas, prior of Durham, whereas Richard Tenand' of Langstroth, Yorks. (?Langstroth Dale., W. R. Yorks.) gentleman, with others, is bound by an indenture made between them and the prior of Durham, dated 15 May 1501, to pay yearly the sum of £44 to the prior or the prior of Finchale, their successors or assigns, the said(!) Thomas, prior, grants [on] the day abovewritten to Richard and his fellows for the terms of the indentures a fee of £4 yearly, to be taken in their own hands of the said £44, so that if Richard or his fellows will at the times specified in the said indentures or within the next forty days make satisfaction yearly to the said priors {or to his assigns} for £40, the said priors will be content therewith, without claim or duty of the said £4 or any part thereof.
Date: “the day and year abovesaid”.
f.137r   24 December 1502
[Memorandum of] petition by John Sherparow of Holme End of the parish of Crosby, York diocese, who on 24 December 1502 came to Durham cathedral and, after the bells had been tolled, asked for sanctuary for the reason that Robert Sherparow, his kinsman, of Litil Corbe, co. Carlisle, with John unaware and acting in distant parts, struck a certain Christopher Iveson' of Little Corbe and pierced and wounded his chest with a lance staff in the vill of Corbe around the Invention of the holy cross [3 May] in the past year, from which blows and wounds he died. Since John is afraid he will be unjustly indicted, imprisoned and troubled for Christopher's death by the secular officials of co. Carlisle and other officials of the king of England, {if it should so happen}, as he affirmed by oath to them, he asked for sanctuary.
Witnesses: Christopher Rotheman', John Brown' with many others standing round.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.36 no.lxxxiv.
f.137r   15 January 1503
[Memorandum of] petition by William Smertwhet of Masham, Richmonds., who on 15 January 1502/3 came to Durham cathedral and, after the bells had been tolled, asked for sanctuary for the reason that, in connection with an assault made on him and his father by a certain Edward Yngram, Richard Yngram and John, brothers, and George Horsman' in a certain narrow road near the church of the same vill on the eighth day past, he feloniously struck John Yngram on the chest in self-defence with a certain lez baselard, from which blow he died on the next day, for which felony William sought sanctuary.
Witnesses: Thomas Smertwet, Richard Wercop, Reginald Smertwhet, Robert Harvy and others.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.37 no.lxxxv.
f.137v   31 March [1502]
Language:   English
Letters testimonial by Richard Thornton, mayor of the city of York, the aldermen and sheriffs thereof, certifying that Richard Wallson, glover, the bearer, as a loving friend has been common pledge and surety for various persons and is lately deranged and out of his right mind and lies under great kepyng at great and insupportable expense to him, by reason of which he is greatly impoverished and through the said suretyship lately sued and committed to prison, where he has been for a considerable period until, by the mediation of well-disposed persons, upon great surety is allowed for a time to go among well-disposed creatures to gather their alms and relief towards his great expenses and payments, without which he is in jeopardy of lying in prison for his natural life and his wife of perishing. May it please them out of charity and at the instance of this testimony to accept him into their charitable favours and relieve him with their alms, by which they shall do something of great merit and charity, causing the mayor (etc.) to show favour hereafter to their requests in similar cases.
Under the seal of the office of mayoralty of York.
Date: York, 31 March 17 A.R. Henry VII.
(In the margin: copy of a testimonial letter to help someone fallen into some misfortune.)
f. 137v-138r   22 January [1503]
Language:   English
Letters testimonial by Thomas, prior of Durham, George, lord Lumley, Sir Ralph Bowez and Sir William Hilton, knights, Thomas Lampton and John Hedworth, esquires, Cuthbert Billingham, Robert Lewyn and John Rakett, gentlemen, Robert Blunt and Richard Wren of Durham, yeomen, stating that whereas it is meritorious for a christian to support a christian in need, they declare that their neighbour, William Young of Durham, labourer, who by casual fortune has lost his goods and by misfortune and sudden chance has found his wife suddenly dead, a young child, eight weeks old or thereabouts, at her breast, and also having four or five young children, none able to dress himself, by which William is greatly impoverished and not able to provide for his children unless all christians to whom this letter comes give him charitable alms. The prior etc. therefore exhorts them to support him with their alms towards his great charges in providing for the children, considering that it is one of the seven works of mercy to sustain a christian in need and that every good deed shall be rewarded in the kingdom of heaven.
Under their seals.
Date: Durham, 22 January 18 A. R. Henry VII.
(In the margin: another form.)
f.138r-v   28 February 1503
Grant by Thomas, prior of Durham, to Ellen Huchonson, with the consent and will of his fellow monks of a corrody in the infirmary outside the abbey gate, [Durham], which Emma Wright lately held when alive, for the term of Ellen's life. She is to have what any brother or sister thereof, staying (outside) the infirmary, receives, provided she keeps all the statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage again without licence from the prior or his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 28 February 1502/3.
f.138v   3 February 1503
Quittance by Thomas, prior of Durham, to Mr William Curwen, M.A., prebendary of the prebend of Skipwith in the collegiate church of Howden, for 13s 4d for the terms of Pentecost and Martinmas last past by reason of a certain yearly pension owed to the prior and monastery of Durham from the prebendary of the aforesaid prebend and customarily paid at the said terms.
Date: 3 February 1502/3.
f.138v-139r   [?23 March 1503]
Grant by Thomas, prior of Durham to Agnes Hobbis, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Joan Wylly, widow of John Wylly, lately held when alive, for the term of Agnes's life. She is to have what any brother or sister thereof, staying outside the infirmary, receives, provided she keeps all the statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage again without licence from the prior or his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 33 (sic) March 1502.
f.139r   27 March 1503
Grant by Thomas, prior of Durham, to Richard Robynson, with the consent and will of his fellow monks, of a corrody in the hospital of St Mary Magdalene near the hospital of Kepier, which Marion Gamlesby lately held when alive, for the term of his life. He is to have what any brother or sister thereof, staying outside the hospital, receives, provided he keeps all the statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage again without licence from the prior or his successors, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 27 March 1503.
f.139r-v   24 July 1502
Grant by Thomas, prior of Durham, to Henry Balye and Ellen, his wife, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Isabel Cachersyd lately held when alive, for the term of their lives and that of the survivor of them. They are to have what any brother or sister thereof, staying outside the infirmary, receives, provided they keep all the statutes (etc.). If they should not carry out the statutes (etc.), commit fornication or adultery, or resort to marriage beyond the present one without licence from the prior or his successors, he wills that they be deprived of all the aforementioned in perpetuity.
Date: Durham, 24 July 1502.
f.139v   5 April 1503
Grant by Thomas, prior of Durham, to Alice Rey, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Ralph Wynter lately held when alive, for the term of her life. She is to have what any brother or sister thereof, staying outside the infirmary, receives, provided she keeps all the statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage again without licence from the prior or his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 5 April 1503.
f.140r   28 April 1503
Grant by Thomas, prior of Durham, to Agnes Thomson, widow, with the consent and will of his fellow monks, of a corrody in the Maison de dieu, which Elizabeth Stevynson lately held when alive, for the term of Agnes's life. She is to have what any brother or sister thereof, staying outside, receives, provided she keeps all the statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage with someone, without licence from the prior or his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 28 April 1503.
f.140r   1 May 1503
Mandate [by Thomas, prior of Durham] (in margin: to Robert Heryngton) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of the cell of Stamford so that he provides him with transport and expenses.
Date: Durham, 1 May 1503.
f.140r   [1 May 1503]
[Memorandum] that a letter of removal for Robert Stayndrop from the cell of Finchale to the cell of Stamford [was issued] in the aforesaid form.
Date: “on the same day and year”.
f.140r-v   6 May 1503
Language:   English
Abjuration by Katherine Murra who from the time of her birth to 29 April last past openly called herself a Jew, had herself so reputed among christians in various parts of England and pretended to have knowledge of secret things, judging men's and women's fortunes, both past and future, against the laws of the Church, where she had no such knowledge, as she here openly acknowledges. On Saturday last past [30 April] without compulsion she took the sacrament of baptism and there protested to live according to the laws of the Church. Nothwithstanding this, on Wednesday and Thursday last past [3 and 4 May] in the parish of St Nicholas, Durham, against the faith to which she has bound herself, she renewed her old errors and opinions in various ways, which she utterly forsakes and asks God's forgiveness for. She prays all present to let this open confession be an example not to give any credence to any such [furhter errors] in future and to pray for her.
(In Latin:) this abjuration or protestation was made in Durham market on 6 May 1503, dominical letter A.
Printed in: J. Raine, Saint Cuthbert: with an account of the state in which his remains were found upon the opening of his tomb in Durham Cathedral, in the year MDCCCXXVII (Durham 1828), p.165n.
f.140v-141r   31 December 1502
Grant by Thomas, prior of Durham, to Margaret Falkett, with the consent and will of his fellow monks' of a corrody in the infirmary outside the abbey gate, Durham, which Isabel Clerke lately held, for the term of Margaret's life. She is to have what any brother or sister thereof receives, provided she keeps all the statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage beyond the present one, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 31 December 1502.
f.141r   30 June 1503
Mandate [by Thomas, prior of Durham] (in margin: to W(illiam) Burgh') stating that since he resolved that he should be removed from the monastery of Durham, where he presently is, to Holy Island, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 30 June 1503.
f.141r   [30 June 1503]
Memorandum that a letter of removal was issued to Th[omas] Durham from Holy Island to the cell of Jarrow.
Date: “on the same day and year”.
f.141r   [1503]
Memorandum that a letter of removal was issued to John Clyfton from the cell of Jarrow to the monastery [of Durham].
Date: “in the abovesaid year”.
f.141r   4 September 1503
[Memorandum of] petition by Edmund Cok who, dwelling in Kirkby Lonsdale, co. Appleby, on 4 September 1503 came and asked for sanctuary for the reason that, as he asserted and affirmed by bodily oath, he wounded in self-defence a certain Adam of the Scottish nation, called Adam Scott in English, under the short ribs with a dagger on St Peter ad vincula [1 August] last past from which blow, made at the end of the bridge in the field of Casterton, Adam shortly died, for which felony Edmund asked for sanctuary.
Witnesses: John Thomson', Ralph Manard', Thomas Best, Robert Wrangham and Robert Harvy, with many others.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.37-38 no.lxxxvii.
f.141r-v   11 September 1503
[Memorandum of] petition by John Wescard of Thrimby of the parish of Morland, Carlisle diocese, who on 11 September 1503 came in person to Durham cathedral and, after the bell had been tolled, asked for sanctuary for the reason that on 15 August past he feloniously struck a certain Nicholas Brown' on the head with le walsh bill' on the king's highway in the vill of Morland near the churchyard entrance, with his brother, Henry Wescard, {present} but nevertheless not guilty of Nicholas's death, as John affirmed by oath to them [the witnesses below]. Within eight days Nicholas died from this blow, for which felony John sought sanctuary.
Witnesses: Hugh Wall', John Nicolson' and John Baly, with others.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.38 no.lxxxviii.
f.141v   2 August 1503
Memorandum of petition that on 2 August 1503 Thomas Wylkynson of Gateshead came to Durham cathedral and, after the bells had been tolled, as customary, asked for sanctuary for the reason that after an assault had been made on him, as he alleged, by a certain John Rede of Alnwick on Michaelmas 1502 he struck and lethally wounded John in self-defence with a certain instrument called le whynyart, twice on the chest and once on the neck, from which blows and wounds John died at once, for which felony he sought sanctuary.
Witnesses: Nicholas Richardson and Thomas Tod of Durham, literati, and many others.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.37 no.lxxxvi.
f.141v   7 October 1503
[Memorandum of] petition by William Tempill of Barforth [?N. R. Yorks.], who came to Durham cathedral on 7 October 1503 and, after the bell had been tolled, asked for sanctuary for the reason that after an assault had been made on him, as he alleged, by a certain Christopher Slynger of Barforth on Thursday past [5 October] he feloniously struck Christopher on the abdomen with one le dager, although in self-defence, as he alleged, from which blow be believes Christopher died, for which felony he asked for sanctuary.
Present: Robert Lambert, gentleman, John Smyrk, Thomas Foster and Thomas Sandirson'.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.38-39 no.xc.
f.141v   31 October 1503
Mandate [by Thomas, prior of Durham] (in margin: to Robert Mody) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Finchale, he commands him to go and remain there until he has a further mandate from the prior etc.
Date: 31 October 1503.
f.142r   October 1503
Grant by Thomas, prior of Durham, to Agnes Fox, with the consent and will of his fellow monks, of a corrody in the Maison de dieu, which Thomas Ryhop lately held when alive, for the term of her life. She is to have what any brother or sister thereof, staying outside, receives, provided she keeps all the statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or resort to another marriage beyond the present one, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, (blank) October 1503.
f.142r   31 October 1503
Mandate [by Thomas, prior of Durham] (in margin: to John Bynley) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Finchale so that he provides him with transport and expenses.
Date: Durham, 31 October 1503.
f.142r   20 March 1505
Quittance by Thomas, prior of Durham, to the rector of the church of Appleby, Lincoln diocese, for 13s 4d owed to the prior and the prior of the cell of Lytham and assigned and accustomed to be paid yearly at Easter by the same church.
Date: Durham, 20 March 1504/5.
f.142v   4 January 1504
Grant by Thomas, prior of Durham, to Robert Fawcondell (in margin: alias Kerner) and Agnes, his wife, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Margaret Salmoun lately held, to be held by Robert and Agnes or the survivor of them for the term of their lives. They are to have what any brother or sister thereof, staying outside, receives, provided they keep all the statutes (etc.). If they should not carry out the statutes (etc.), commit fornication or adultery, or resort to another marriage beyond the present one, without having sought and obtained licence from the prior or his successors, he wills they be deprived of all the aforementioned in perpetuity.
Date: Durham, 4 January 1503/4.
f.142v   7 February 1504
Commission to induct by Thomas, prior of Durham, ordinary of the liberty of St Cuthbert in the churches and chapels appropriated to the prior and monastery in [North]allerton and Allertonshire, to Christopher Symson, chaplain, stating that Thomas, archbishop of York, has lately commanded him without delay to induct, or cause to be inducted by another, John Robynson, {chaplain} of the chantry at the altar of St Mary in the church of [Kirby] Sigston, York diocese, or his proctor, who on the archbishop's authority has been canonically admitted and instituted therein, into the corporal possession of the chantry; and committing to him his authority to induct the same John or his suitable proctor in due form of law, requesting him duly to certify the prior at a suitable place and time of all he has done regarding the aforementioned.
Date: Durham, 7 February 1503/4.
f.143r   18 October 1500
[Memorandum of] petition by Richard Goldtwhate of the vill of Ripon, York diocese, who came to Durham cathedral on 18 October 1500 and, after the bells had been tolled, sought sanctuary for the reason that he, accessory to a certain Richard More, around the Invention of the holy cross last past [3 May] at Richard More's request went together to a certain enclosure called Sutton Leys where Richard More with Richard Goldthwate committed an assault on a certain William Bradethwate of Azerley, co. Kirkby [Malzeard], when the said Richard [More] struck {him} on the knee with a sword, in connection with which blow William died at St Peter ad vincula next [1 August]. Richard Goldthwat does not admit that he had inflicted any wound but that he was present with the said Richard More and was an accessory to him when that misdeed was perpetrated; he therefore fears he will be indicted for that although unjustly, nor was he guilty of the action, as he alleged. For this felony Richard Goldthwet as accessory to Richard More [and] present there with him, took sanctuary.
Present: Richard Kendall, Hugh Wall and others.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.32-33 no.lxxv.
f.143r   13 February 1500
[Memorandum of] petition by Reginald Bromwell', goldsmith, who came to Durham cathedral on 13 February 1499/1500 and, after the bells had been tolled, asked for sanctuary for the reason that he furtively took one dagger of a certain Baldwin, goldsmith, of the vill of Boston, for which theft committed by him, he sought sanctuary.
Witnesses: Mr John Whiteheved, N. P., and John Browne [Printed, Sanctuarium, pp. 31-2]
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.31-32 no.lxxiii.
f.143r   5 February 1504
[Memorandum of] petition by Robert Skafe of the parish of Ripon who came to Durham cathedral on 5 February 1503/4 and asked for sanctuary from George Corneforth, sacrist thereof, for the reason that Robert with Ralph Blesdell', his accessory, on 15 January in the vill of Ripon on the king's highway assaulted a certain Reginald Middilton' when Robert grievously struck Reginald on the shin with a sword, from which blow he died and for which Robert sought sanctuary. Since Ralph, fearing, as he alleged, that he would be indicted and imprisoned because he was present when Robert feloniously struck and wounded Reginald, sought sanctuary, as above.
Witesses. Nicholas Todd, chaplain, William Todd, Peter Steley etc.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.39 no.xci.
f.143v   15 February 1504
[Memorandum of] petition by Robert Middilton', William Jakeson' and John Joy who on 15 February 1503/4 came to Durham cathedral and asked for sanctuary from <Henry> {George} Corneforth, sacrist thereof, for the reason that they were accomplices and present when Robert Skafe with Ralph Blesett, his accessory, assaulted Reginald Middilton' and when Robert feloniously struck and wounded Reginald on the shin with a sword, from which blow he died. Fearing they would be indicted, imprisoned and undergo the rigour of the law by reason of the aforementioned, they sought sanctuary, as abovesaid.
Present: Richard Colenson, William Luen', gentleman, John Vessy, Thomas Nesse and John Taylor.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.39 no.xcii.
f.143v   18 February 1504
[Memorandum of] petition by Anthony Bekwith of Clint of the parish of Ripley, York diocese, who on 18 February 1503/4 came to Durham cathedral and asked for sanctuary from <Henry> {George} Corneforth, sacrist thereof, for the reason that he with his two accomplices on SS Fabian and Sebastian last past [20 January] at the park of Mr Yngliby, on its east side, by an unfortunate chance encountered John Parker, when Anthony grievously struck and wounded him on the shin with le Basulerd, from which blow and wound he died, for which blow Anthony sought sanctuary.
Witnesses: John Florians, Richard Sotheron' and Robert Harvy.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.39-40 no.xciii.
f.143v   27 March 1504
Grant by Thomas, prior of Durham, to Christopher Trotter, with the consent and will of his fellow monks, of a corrody in the Maison de dieu, which Agnes Thomson lately held, for the term of his life. He is to have what any brother or sister thereof, staying outside, receives, provided he keeps all the statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage with another woman without licence from the prior or his successors, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 27 March 1504.
f.144r   20 April 1504
Mandate to induct by William, bishop of Durham, to the prior of Durham, archdeacon in the churches appropriated to him, or to his official, stating that since on the presentation of the prior and chapter of Durham he has admitted Thomas Lynns, chaplain, to the vicarage of the church of Hesleden in his diocese, vacant by the death of Robert Rudd, last vicar thereof, and instituted him as vicar thereof, with cure of souls, he commands him to induct Thomas or cause him to be inducted into the corporal possession of the vicarage, with all its rights and appurtenances.
Under the seal of the officiality of his consistory court of Durham, since his great seal is not to hand.
Date: 20 April 1504.
f.144r   25 April 1504
Commission to induct by the official of the archidiaconal jurisdiction of the prior of Durham to Thomas Wilkynson, curate of Hesleden, stating that he has lately received from William, bishop of Durham, a mandate to induct Thomas Lynns, chaplain, into the corporal possession of the vicarage of the church of Hesleden, Durham diocese, vacant by the death of Robert Rudd, last vicar thereof, to which on his presentation Thomas was admitted and instituted by the bishop. Since the official is presently unable to attend to and be present at such an induction, he commits his authority to him to induct Thomas into the corporal possession of the vicarage, with its rights and appurtenances. He is to certify him as to what he has done regarding the aforementioned.
Date: Durham, 25 April 1504.
f.144v   28 May 1504
Grant by Thomas, prior of Durham, to Robert Hogeson and Alice, his wife, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which John Forman lately held, to be held by Robert and Alice for the term of their lives and that of the survivor of them. They are to have what any brother or sister thereof, staying outside, receives, provided they keep all the statutes (etc.). If they should not carry out the statutes (etc.), commit fornication or adultery, or resort to another marriage beyond the present one, he wills they be deprived of all the aforementioned in perpetuity.
Date: Durham, 28 May 1504.
f.144v-145r   29 May 1504
Proxy by Thomas, prior of Durham, to all and sundry fathers of the order of black monks [attending] the provincial chapter, to be held by apostolic authority on Monday next (blank) the translation of St Thomas the martyr [7 July], namely (blank) July next at Coventry, appointing his fellow monks, Mr Thomas Swalwell', S.T.P., and the warden of Durham College Oxford as his proctors, and granting Mr Thomas and dom Thomas [?Castell] full authority and a special mandate: to appear before the said fathers on the aforesaid day and place appointed above, to excuse and give the causes of the prior's absence and to swear an oath in that regard; to treat and come to an agreement concerning all and sundry articles proposed by them or the other prelates there present for the honour of the order; to agree to all and sundry which shall be decreed in the chapter by the common counsel of all and sundry present; and to do all else necessary or appropriate for the aforementioned and known to pertain by right or custom to the office of proctor, even if it requires a special mandate; since he is prevented from attending in person by such difficult and urgent business [touching] the state and advantage of the monastery of Durham (whose rule he has).
Date: Durham, 29 May 1504.
f.145r-v   30 June 1504
Mandate [by Thomas, prior of Durham] (in margin: to John Porter) stating that since he resolved that he should be removed from his present place to the cell of Holy Island, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master of Wearmouth so that he provides him with transport and expenses, and to the prior of Holy Island so that he receives him benevolently.
Date: Durham, 30 June 1504.
f.145v   30 June 1504
Mandate [by Thomas, prior of Durham] (in margin: to W[illiam] Burghe) stating that since he has resolved that he should be removed from his present place to the cell of Wearmouth, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Holy Island so that he provides him with transport and expenses, and to the master of Wearmouth so that he receives him benevolently.
Date: Durham, 30 June 1504.
f.145v   1 June 1504
Appointment by Thomas, prior of Durham, of his fellow monk, Richard Evenwod, with special authority to hear the confessions of his fellow monks dwelling there and of those sent there for the purpose of walking about, and to absolve them, with the exception of those cases whose absolution is specially reserved to the prior.
Date: Durham, 1 June 1504.
f.145v-146r   18 June 1504
Grant by Thomas, prior of Durham, to Agnes Thomson, widow, with the consent and will of his fellow monks, of a corrody in the Maison de dieu, which John Swynton and Katherine, his wife, lately held when alive, for the term of her life. She is to have what any brother or sister thereof, staying outside, receives, provided she keeps all the statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage with another man without licence from the prior or his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 18 June 1504.
f.146r   1 June 1504
Appointment by Thomas, prior of Durham, of his fellow monk, Richard Heryngton, as master of the cell of Farne, committing to him its care and administration both in spiritualities and temporalities until he has a further mandate from the prior; and commanding all whom this concerns to be answerable to him as master thereof in all and sundry pertaining to the cell. He is to render annually a faithful account to the prior for all receipts and expenses.
Date: Durham, 1 June 1504.
f.146r   8 March 1504
[Memorandum of] petition by John Rudd of Burtirgell of the parish of Warcop, co. Westmorland, who on 8 March 1503/4 came to Durham cathedral and asked for sanctuary from George Corneforth, sacrist thereof, for the reason that on 12 February in self-defence he struck a certain Christopher Kirke on the head with a staff in a certain place called Braken side, from which blow he died [and] for which John sought sanctuary.
Witnesses: Richard Jhonson', Thomas Haghton' and William Jhonson'.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.40 no.xciv.
f.146v   30 June 1504
[Memorandum of] petition by Thomas Warener and Henry Couk of the parish of Kendal Holy Trinity, co. Appleby, who on 30 June 1504 came to Durham cathedral and, after the bell had been tolled, asked for sanctuary from George Corneforth, sacrist thereof, for the reason that in connection with an assault by Thomas and Henry on Christopher Man of Whitewell of the parish of Kendal they ?came together (fecerunt) in a certain place called Petmoss where Thomas feloniously struck Christopher on the head with a plain staff on 10 June last past in Henry's presence, from which blow Christopher died. For this felony they sought sanctuary.
Witnesses: John Whitehed, N. P., Robert Adthe, John Wilson' and Robert Smyth etc.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.40 no.xcv.
f.146v   18 July 1504
Appointment by Thomas, prior of Durham, of William Percy, brother of Henry, earl of Northumberland, as steward of the vills of Hemingbrough, Brackenholme, Woodhall, Hunsley and Drewton, with their appurtenances, provided that he performs the said office and those [duties] incumbent on it, by himself or through his sufficient deputy (for whom ?or which he shall be answerable to the prior), for the benefit and honour of the prior and church of Durham. He is to receive yearly similar fees and emoluments as the noble man, John Haistynges, one time knight, lately exercising the said office, customarily received. The prior enjoins all his officials and tenants there whom this concerns to obey William and his deputy as his steward in all and sundry pertaining to the said office.
Date: Durham, 18 July 1504.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.cccciii.
f.146v-147r   October 1504
[Memorandum of] petition by Ralph Cotes of Thirkleby, York diocese, who on (blank) October 1504 came to Durham cathedral where, after the bell had been tolled, he asked for sanctuary from George Corneforth, sacrist thereof, for the reason that he was present when Ralph Fynche assaulted William Seill of Bagby, York diocese, on a certain day {in the week} before the Invention of the holy cross [3 May] in the year past, when the said Ralph [Fynche] struck him on the arm with a long plain staff by reason of which blow William died. Since he was present when the said Ralph [Fynche] feloniously struck William, he sought sanctuary.
Witnesses: Thomas Haghton' and Robert Gibson', with many others.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.40-41 no.xcvi.
f.147r   1504
Mandate [by Thomas, prior of Durham] (in margin: to Nicholas Gamelsby) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Lytham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Lytham so that he provides him with transport and expenses.
Date: Durham, (day and month blank) 1504.
f.147r   1504
Mandate [by Thomas, prior of Durham] (in margin: to William Wermouth) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Lytham so that he provides him with transport and expenses.
Date: Durham, (day and month blank) 1504.
f.147r   28 November 1504
[Memorandum of] petition by John Bulman' of Shilvington of the parish of Morpeth, Northumb., who on 28 November 1504 came to Durham cathedral and, after the bell had been tolled, asked for sanctuary from George Corneforth, sacrist thereof, for the reason that in connection with an assault on him by Robert Symson' on a certain Friday before St Matthew last past [before 21 September] he struck and wounded {Robert} in the groin (the lisk) with a dagger in self-defence in the field of Shilvington, from which blow and wound he died, for which felony John asked for sanctuary.
Present: William Smeders, Richard Madeson' and Hugh Wall', with many others.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.41 no.xcvii.
f.147r-v   24 December 1504
Mandate [by Thomas, prior of Durham] (in margin: to Henry Wille) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Finchale, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 24 December 1504.
f.147v   24 December 1504
Mandate [by Thomas, prior of Durham] (in margin: to William Yong) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Finchale, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 24 December 1504.
f.147v   22 January [1505]
Mandate [by Thomas, prior of Durham] to “his beloved son” stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Lytham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 22 January “in the abovesaid year”.
f.147v   31 January 1505
Mandate [by Thomas, prior of Durham] to “his beloved son” stating that since he resolved that he should be removed from his present place to the cell of Finchale, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Holy Island so that he provides him with transport and expenses, and to the prior of Finchale so that he receives him benevolently.
Date: Durham, 31 January 1504/5.
f.147v   31 January 1505
Mandate [by Thomas, prior of Durham] (in margin: to Thomas Barnes) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Holy Island, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 31 January 1504/5.
f.148r   26 March 1505
[Memorandum of] petition by John Symson' of ?Arkengarthdale (Arkill'), Richmonds., who on 26 March 1505 came to Durham cathedral and, after the bells had been tolled, asked for sanctuary from George Corneforth, sacrist thereof, for the reason that on the day before the date of the presents outside the churchyard he struck the head of Laura Payok with a staff, from which blow she soon died, for which blow and felony he asked for sanctuary, as above.
Present: John Brown', Hugh Wall' and others.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.41 no.xcviii.
f.148r   29 March 1505
[Memorandum of] petition by John Appilbe, Thomas Appilbe, John Appilbe alias Jenkyn Appilbe and Henry Snell, kinsmen and accomplices of the said John, who came to Durham cathedral on 29 March 1505 and asked for sanctuary from George Corneforth, sacrist thereof, for the reason that, following from an assault made upon them by a certain William Wilson' and his friends, the same John Apilbe in defence and support of his kinsmen struck William on the head with le walshbill' in the field of ?Hunderthwaite (Hyndirwhet), from which blow he died; John therefore sought sanctuary. Since Thomas, John alias Jenkyn and Henry were present with the said John when that misdeed was perpetrated, fearful that they would be indicted and imprisoned for it, each sought sanctuary.
Present: Richard Jhonson', William Huchonson' and George Huchonson'.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.41-42 no.xcix.
f.148r   6 November 1505
[Memorandum of] petition by John Lee of Halifax who on 6 November 1505 came to Durham cathedral and, after the bells had been tolled, asked for sanctuary, as above, for the reason that on a certain Monday before All Saints next before the date of the presents in the vill of Halifax he was in dispute and struggled together with a stranger, whose name he did not know, over one lez dagar, where among other things the stranger had the point of the dagger in his hand and John had its le heft in his hand, when by an unfortunate chance the stranger withdrew le dager from John's hands and struck himself in the abdomen, from which blow he soon died, for which blow and misdeed John sought sanctuary, as above.
Witnesses: Richard Jhonson', John Brown', Edmund Couke and Thomas Warener.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.45 no.cviii.
f.148r   17 May 1505
[Memorandum of] petition by John Burnell' and William Burnell' of ?Thorpe (Thropp, Yorks., and John Alan thereof, who on 17 May 1505 came to Durham cathedral etc, and asked for immunity etc., for the reason that they struck a certain John Smyth' on the head on the king's highway on the thirteenth day preceding from which blows he died, for which they sought sanctuary etc.
Present: John Ramschaw and Nicholas Moresson'.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.42 no.c.
f.148r-v   22 May 1505
[Memorandum of] petition by William Migeley, lately of Horsforth, [W. R.] Yorks., who on 22 May 1505 came to Durham cathedral and, after the bells had been tolled, asked for sanctuary from George Corneforth, sacrist thereof, for the reason that he was present {when} William Rydyng and Richard Berestall' of of Ovenden Wood (Ovyndenwod) of the parish of Halifax [struck and wounded] the head of a certain William Smyth with their staffs seven years ago from the date of the presents, from which blows he died within three days. William likewise asked for sanctuary, as above, for the reason that he took and drove away certain animals, namely, twelve oxen and one cow, from the property of the abbot and convent of Kirkstall (Cristall') and drove them into the bishopric of Durham, unbeknownst to the abbot and convent, and left them there. Since the said William was fearful he would be indicted and imprisoned {because he was present when} the above William and Richard struck and wounded William Smyth, and for this theft he asked for sanctuary, and the said William denies he had had inflicted any injury himself.
Witnesses: Thomas Shawden', Anthony Thomson' and Geoffrey Ledell', with many others.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.42 no.ci.
f.148v   1 June 1505
Memorandum of petition that on 1 June 1505 Cuthbert Apilbe, John Apilbe of Cornepath (?Corn Park), William Taylor and Ralph Bell of the parish of Runmow (?Romaldkirk) came to Durham cathedral and, after the bells had been tolled, asked for sanctuary from George Corneforth, sacrist thereof. John Apilbe of Cotherstone came on 16 June next etc., as above, and asked for [sanctuary], as above, for the reason that, following from an assault made upon them by Christopher Smythson' alias Wilson' of Hewrice (?Holwick) of the parish of Runmow near the ditch called Hunderthwaite dyke on a certain Wednesday in Easter week he struck and wounded [Christopher] on the head and through the middle of the leg with le pikestaff and an arrow, from which blows and wounds he died, as is said. The said John Apilbe of Cothersone admits that he had struck him on the head with a staff, for which they asked for sanctuary.
Witnesses: William Smeders, John Foster and Thomas Herryson', Thomas Grenewell' and John Kyrkman etc.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.43 no.cii.
f.148v   14 July 1505
[Memorandum of] petition by Thomas Brass' of Nether Silton of the parish of Leake, York diocese, who came to Durahm cathedral on 14 July 1505 and, after the bells had been tolled, asked for sanctuary from George Corneforth, sacrist thereof, for the reason that on Wednesday last past he struck a certain Thomas Colby of Kepwick of the parish of [Over] Silton on his head with a long pike staff in the aforementioned vill, from which blow he died within three days, for which felony he asked for sanctuary.
Present: Richard Wilkynson' and Robert Adthe, masons, Richard Stevynson' and William Jhonson', chaplains.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.43 no.ciii.
f.148v-149r   July 1505
Commission by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Allertonshire, York diocese, to his fellow monk, Richard Denand', B.Th., Mr John Undirwodd', LL.B., and Mr Thomas Farne, LL.B., to visit the churches of Northallerton, Brompton and [Kirby] Sigston, their dependent chapels, hospitals and other devout places, clergy and people; to inquire into, correct, reform, suspend, excommunicate and punish any transgressions and faults of the churches (etc.); to take cognisance, proceed and determine in any causes or controversies which should happen to be moved in the visitation; and to perform all and sundry necessary or opportune to carry out the visitation, until the prior resolves these powers should be revoked, since he is unable to be present in person because of various, difficult matters of the monastery of Durham.
Date: Durham, (blank) July 1505.
f.149r   6 August 1505
[Memorandum of] petition by Rowland Ferrour who on {6} August 1505 came to Durham cathedral and, after the bells had been tolled, as customary, asked for sanctuary from George Cornforth, sacrist thereof, for the reason that he feloniously struck a certain Alexander Marley {in the head} in a certain field, called Peak Field, near Frosterley with a certain staff, called a pike staff, from which blow he died within eight days, for which felony he asked for sanctuary.
Present: Robert Bentley, George Davison and John Brown.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.43 no.civ.
f.149r   12 August 1505
[Memorandum of] petition by Edward Benson' of Sedgewick, co. Westmorland, who on 12 August 1505 came to Durham cathedral and, after the bell had been tolled, asked for sanctuary from George Corneforth, sacrist thereof, for the reason that he feloniously struck and wounded a certain William Sand with his own le dager in the leg in the field of Wodhowes of the parish of Hersen on Wednesday before St Margaret, from which blow and wound he soon died, for which felony he asked for sanctuary.
Witnesses: Robert Lambert, gentleman, and Thomas Hoghton.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.44 no.cv.
f.149r-v   27 August 1505
[Memorandum of] petition by John Barwyk of Halton, co. Lancs., who on 27 August in the year as above, came to Durham cathedral and, after the bells had been tolled, sought from George [Corneforth, sacrist] etc., for the reason that, in connection with an assault made upon him by a certain Christopher Walys, he first grievously wounded Christopher in self-defence in a field called Halton Moor on Saturday preceding [and] struck [his] head with le dager, from which blow he soon died. John therefore asked for sanctuary.
Witnesses: John Huchonson', chaplain, and George Birkett.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.44 no.cvi.
f.149v
Language:   English
In upper margin: pen-trial “my loving son John”.
f.149v   1 & 2 September 1505
[Memorandum of] petition by John Mudd' and Thomas Mudd' of Tunstall of the parish of Catterick, Richmonds., who on 1 September 1505 came to Durham cathedral and, after the bells had been tolled, asked for sanctuary from George Corneforth, sacrist thereof, for the reason that on St Peter ad vincula preceding [1 August] they struck in self-defence a certain Henry Raw of the same vill [and] the head of the same Henry with a pike staff, from which blows he died on the last day of (month blank but must be August), for which felony each of them asked for sanctuary.
Witnesses: John Brown, Peter Steley and William Yates.
On the following day, Oliver Mudd' and John, son of the aforesaid John, came and asked for sanctuary, as above, for the reason that they were present when the said John and Thomas, as above, struck Henry.
Witnesses: John Ramshaw, John Blith, Richard Wilkynson'.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.44 no.cvii.
f.149v   October 1505
Collation by Thomas, prior of Durham, to Robert Forest, chaplain of the chantry in the chapel of Witton [Gilbert] near Bearpark, vacant by the death of Richard Tempill, last chaplain or keeper thereof, provided that he resides there, serves the chantry praiseworthily and bears all incumbent charges. If he is found negligent or does not conduct himself properly or leads a dissolute life, the prior will proceed to his removal from the chantry.
Date: (blank) October 1505.
f.150r   10 November 1505
[Memorandum of] petition by William Dikson' of Farlam, co. Carlisle, who on 10 November 1505 came to Durham cathedral and, after the bells had been tolled, asked for sanctuary for the reason that he feloniously struck a certain Humphrey Bell' of the same [Farlam] on the chest on 10 October next preceding in the field of Farlam with le dager, from which blow he soon died. William therefore asked for sanctuary.
Witnesses: Alexander Federstonhagh', Christopher Barburn' and John Brown'.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.45 no.cix.
f.150r   31 December 1505
Grant by Thomas, prior of Durham, to Isabel Emerson, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which William Forest lately held when alive, for the term of her life. She is to have what any brother or sister, staying within or outside the infirmary, receives, provided she keeps all the statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage again without licence from the prior or his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 31 December 1505.
f.150r   [?1506]
Grant by Thomas, prior of Durham, to Isabel Blaxton', with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Alice Worseley lately held when alive, for the term of Isabel's life. She is to have what any brother or sister, staying within or outside the infirmary, receives, provided she keeps all the statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage again without licence from the prior or his successors, he wills etc., as above.
f.150v   1 April 1506
Memorandum that two letters of removal were issued for Robert Mody from the cell of Holy Island to the cell of Lytham and for Robert <Leith> {Stayndrop} from the cell of <Lytham> {Stamford} to Holy Island.
Date: 1 April 1506.
f.150v   20 April 1506
Mandate [by Thomas, prior of Durham] (in margin: to Robert Mody) stating that since he resolved that he should be removed from his present place to the cell of Stamford, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Holy Island so that he provides him with transport and expenses, and to the prior of Stamford so that he receives him benevolently.
Date: D[urham], 20 April 1506.
f.150v   [20 April 1506]
[Memorandum] that a similar letter of removal was issued to Robert Standropp from the cell of Stamford to the cell of Finchale.
Date: “on the said day and year”.
f.150v   28 September 1504
Collation by Thomas, prior of Durham, to Richard Stowe, chaplain, of the rectory of the parish church or free chapel of Muggleswick, as the tithe incomes were now insufficient to support a chaplain, he wills him: to receive, as his predecessors did, two marks yearly by the hand of the then bursar of Durham and one quarter of wheat from the prior's granary; and to have pasture for one horse and four cows with their offspring of one year; and that by the assignment of the reeve he may for the support of the said horse and cows mow one or two cartloads of hay in the places left after the prior's meadows have been mown.
Date: Durham, 28 September 1504.
f.151r-215v
Headed: “The fifth small register from the time of Mr Thomas Castell, prior of the church of Durham cathedral, begins at Pentecost 1506”.
Initial “I” decorated with strapwork and an animal head.
[This may well originally have been conceived as the start of a new volume in this series. There are also three sets of stabbings in this new quire which are not a carry-over from the previous one. However, the [contemporary] foliation runs straight on.]

f.151r   1506
Appointment by Thomas, prior, and the chapter of Durham, of their fellow monk, Mr William Cathorne, as prior of the priorate or cell of Finchale, committing to him its care and administration, both in spiritualities and temporalities, until he has a further mandate from them; and commanding all whom this concerns to obey him as prior thereof in all and sundry pertaining to the cell. He is to render annually to them a faithful account of all receipts and expenses of the cell.
Date: Durham, (day and month blank) 1506.
f.151r   1506
Appointment by Thomas, prior of Durham, of his fellow monk, Henry Dalton, as prior of the cell of Holy Island, committing to him its care and administration, both in spiritualities and temporalities, until he has a further mandate from the prior; and commanding all whom this concerns to be answerable to him as prior thereof in all and sundry pertaining to the cell. He is to render annually to the prior a faithful account of all receipts and expenses of the cell.
Date: Durham, (day and month blank) 1506.
f.151v   1506
Appointment by Thomas, prior of Durham, of his fellow monk, Robert Strodur, as prior of the cell of Wearmouth, committing to him its care and administration, both in spiritualities and temporalities, until he has a further mandate from the prior; and commanding all whom this concerns to be answerable to him as prior thereof in all and sundry pertaining to the cell. He is to render annually to the prior a faithful account of all receipts and expenses of the cell.
Date: Durham, (day and month blank) 1506.
f.151v   1506
Appointment by Thomas, prior of Durham, of his fellow monk, William Godson, as subprior of the cell of Finchale, with authority to hear the confessions of his fellow monks staying at Finchale and those sent there for the purpose of walking about, and to absolve them, with the exception of those cases whose absolution is specially reserved to the prior.
Date: Durham, (day and month blank) 1506.
f.151v   30 June 1506
Mandate [by Thomas, prior of Durham] (in margin: to William Hertilpole] stating that since he resolved that he should be removed from the monastery of Durham, where he presently is, to the cell of Finchale, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 30 June 1506.
f.151v-152r   1 July 1506
Mandate [by Thomas, prior of Durham] (in margin: to Edmund More) stating that since he resolved that he should be removed from the monastery of Durham, where he presently is, to the cell of Holy Island, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 1 July 1506.
f.152r   1 July 1506
Mandate [by Thomas, prior of Durham] (in margin: to William Ogle) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Holy Island so that he provides him with transport and expenses.
Date: Durham, 1 July 1506.
f.152r   28 July 1506
[Memorandum of] petition by Nicholas Wilson of Wilton, [N. R.] Yorks., who on 28 July 1506 came to Durham cathedral and, after the bells had been tolled, as customary, asked for sanctuary for the reason that on 27 July 1506 he struck a certain Richard Abbot on the right chest with one le whynyerde in the vill of Guisborough, [N. R.] Yorks. and mortally wounded him, from which blow he died, for which felony Nicholas sought sanctuary.
Witnesses: Henry Rosse, Willaim Turnour and John Turnour.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.45 no.cx.
f.152r-v   12 August 1506
[Memorandum of] petition by Robert Robynson of Hedgeley [Hegley], Northumb., who came to Durham cathedral on Wednesday, 12 August 1506 at the seventh hour after mid-day and, after the bells had been tolled, as customary, asked for sanctuary for the reason that around the Purification of Mary last past [2 February] he struck and mortally wounded a certain N[?omen] Whiet on the body with one le whynyerd near the castle of Blenkinsopp in the said county, from which blow he died at once, for which felony he sought sanctuary.
Witnesses: John Browne, Thomas Hawghhton; and Thomas Sanderson.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.45-46 no.cxi.
f.152v   31 August 1506
[Memorandum of] petition by William Westell' and Christopher Westell' of the parish of Brough under le Staynmore, co. Westmorland who came to Durham cathedral on Monday, 31 August 1506, and, after the bells had been tolled, as customary, asked for sanctuary, for the reason that on 26 August 1506 they struck a certain Richard Jafeld in the field of Warcop in the said county with one bill on the left shin below the knee and mortally wounded him, from which wound the blood issued unto death and thus he died at once, for which felony they sought sanctuary.
Witnesses: John Marshall', Thomas Hawghton and Henry Eden', literati.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.46 no.cxii.
f.152v   4 October 1506
Quittance by Thomas, prior of Durham, to the mayor and community of Newcastle-upon-Tyne, by the hand of his monk of Farne Island, for £9 3s 4d, received on the date of the presents, for the term of Michaelmas last past, in full payment of a certain yearly pension [granted] to the prior and monastery of Durham by the king's progenitors from the fee-farm of Newcastle, by the hands of the men thereof.
Date: Durham, 4 October 1506.
f.153
No folio 153 (evidently the result of misnumbering as no leaf is missing from the quire.)
f.154r   6 November 1506
[Memorandum of] petition by Matthew Mire who came to Durham cathedral on 6 November 1506 and, after the bells had been tolled, asked for sanctuary for the reason that at Carlisle, co. Cumb., he feloniously struck a certain Robert Robynson with a certain blow around twelve years ago and wounded him on the head with one le Carlill axe, from which blow he died within thirteen days. Matthew therefore sought sanctuary.
Present: William Smeders, Robert Wilson and others standing round.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.46 no.cxiii.
f.154r   3 November 1506
Grant by Thomas, prior of Durham, to Katherine Lowson, widow, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Isabel Lawson, widow, lately held, for the term of Katherine's life. She is to have what any brother or sister thereof receives, provided that she keeps all its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage again, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 3 November 1506.
f.154r-v   30 November 1506
Mandate [by Thomas, prior of Durham] (in margin: to Cuthbert Marshall) stating that since he resolved that he should be removed from the monastery of Durham, where he presently is, to the cell of Stamford, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 30 November 1506.
f.154v   21 November 1506
Bond by John Peirson of Ferryhill, co. Durham, John Lax thereof, yeomen, and Robert Peirson of Middlestone in the same county, yeoman, to Thomas, prior of Durham, for £40, to be paid to the prior or his successors or their certain attorney at the Purification of Mary next [2 February]. They bind themselves, their heirs and executors to pay this.
Sealed with their seals.
Date: 21 November 1506.
(with)
Condition of the bond that if they, or one of them, or any another on their behalf, pay or cause to be paid to the said prior, his successors or their certain attorney in the following manner, namely at the Purification abovesaid £16 14s 7¾d and at Easter then following £16 14s 7¾d, then the present bond may be considered null; otherwise it should remain in force.
f.155r   19 December 1506
Collation by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire, to ?Alfred (Elverdus) Richardson, chaplain, of the chantry at the altar of St Thomas the martyr in the collegiate church of Howden, York diocese, vacant by the free resignation of Robert Butterfeld, last chaplain thereof.
Date: Durham, 19 December 1506.
f.155r   21 December 1506
[Memorandum of] petition by John Excelby of Landmouth, Yorks., gentleman' who came to Durham cathedral on 2{1} December 1506 and, after the bells had been tolled, asked for sanctuary for the reason that on Tuesday 9 December 1506 in the vill of Northallerton in the said county, he feloniously struck a certain Ralph Tiplady with one le whynyerd on the right upper arm, mortally wounding him, from which blow and wound he died within nine days, for which felony he sought sanctuary.
Witnesses: Robert Alder and William Lee, literati, Anthony Thomson and Alexander Loksmyth of Durham.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.46-47 no.cxiv.
f.155r-v   12 January 1507
Grant by Thomas, prior of Durham, to Hugh Holand, with the consent and will of his fellow monks, of a corrody in the Maison de dieu, which Christopher Bainford [?Bamford] and Joan, his wife, lately held, for the term of his life. He is to have what any brother or sister thereof, staying outside, receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or resort to another marriage beyond the present one, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 12 January 1506/7.
f.155v-156v   8 January [1507]
Memorandum that Ralph, lord Ogle, of Bothal, Northumb. and Robert Claverying of Callaly in the same county, esquire, on 8 January 22 A. R. Henry VII [1507] before Thomas, prior of Durham, and Christopher Brigham, the king's commissioners, by virtue of a certain writ of dedimus potestatem, directed to the same commissioners and others by the king and sewn to this schedule, acknowledged at the monastery of Durham that they owe to the king £100, to be paid to him at Easter next. Unless they do [so], they concede and each has conceded that the said money may be raised from their lands and chattels in the said county and elsewhere within the realm of England for the king's use etc.
(with)
Condition of the recognisance (English) that if Eleanor Ogle, widow, satisfies and pays, or causes to be satisfied and paid, 100 marks to the king, his heirs or assigns at the Purification of our lady [2 February] 1507/8, then this recognisance is to be void; otherwise it is to remain in force.
Recognisance The same Robert [and Ralph] on the said day and year before the said commisssioners acknowledged that they owe to the king £100, to be paid to him at Easter next. Unless they do [so], they concede and each has conceded for himself that the said money may be raised from their lands and chattels in the aforesaid county and elsewhere within the realm of England for the king's use etc.
(with)
Condition of the recognisance (English) that if Eleanor Ogle, widow, satisfies and pays, or causes to be satisfied and paid, 100 marks to the king, his heirs or assigns at the Purification of our lady [2 February] 1508/9, then this recognisance is to be void; otherwise it is to remain in force etc.
Recognisance The same Ralph and Robert on the said day, year and place before the said commissioners acknowledged that they owe £100 to the king, to be paid to him at Easter next. Unless they do [so], they concede and each {by himself} has conceded that the said money may be raised from their lands and chattels in the said county and elsewhere within the realm of England for the king's use etc.
(with)
Condition of the bond (English) that if Eleanor Ogle, widow, satisfies and pays, or causes to be satisfied and paid, 100 marks to the king, his heirs or assigns at the Purification of our lady [2 February] 1509/10 then this recognisance is to be void or otherwise is to remain in force.
If one or both of those who have made the recognisances shall die before full payment and satisfaction of the 300 marks specified to be paid in the first three recognisances, as is aforementioned, then Eleanor from time to time whenever either or both should die, should cause [to be designated] another person or persons of similar lands and means, or such person or persons whom the king's counsellors will accept, who, within three months after the death of one or both, before the king in his chancery in place of the deceased, shall be willing to make acknowledgement of similar sums, by which they were bound in their life for the full payment of 300 marks, then the present recognisance should be considered null; otherwise it should remain in force etc.
The said Ralph and Robert on the said day, year and place before the commissioners (below) acknowledged the aforesaid recognisances, as abovewritten, [and] that they were their deeds and asked that they be enrolled in the king's chancery rolls at Westminster as their deeds.
Present: the prior and Christopher Brigham.
f.156v   25 January 1507
Collation by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire to John Leek, chaplain of the chantry of St Mary the virgin in the parish and collegiate church of Howden, York diocese, vacant by the death of Thomas Crispyn', last chaplain or keeper thereof.
Date: Durham, 25 January 1506/7.
f.156v-157r   13 February [?1507]
Language:   English
Letter (in margin and subscription: by Thomas, lord Darcy) (in superscription: to the prior of Durham) reminding him of the trust the king has put in him at the suit [of and as a result of] the trust that his lady Neville, whom lord Darcy has married, had in him for the well-being of her son and his heirs, as to put in the prior's keeping a certain special piece of evidence belonging to her son's inheritance. No one knows better than the prior what a great responsibility it is to have the custody of such evidence. The prior spoke to lord Darcy to help him obtain a discharge thereof from the king. Lord Darcy disclosed this to the king, who informed him that he would write to the prior therein in accordance with the prior's wish. Lord Darcy wishes to know from the prior in writing whether or not the king has written to him to deliver the same evidence to any person, and, if so, to whom it is so delivered, and to have from the prior a copy of the bill between the prior and the person having the evidence, the copy to be sent with this bearer.
Date: Berwick, 13 February.
f.157r   17 Feburary [?1507]
Language:   English
Letter (in subscription: by Thomas, prior of Durham) (in margin and superscription: to lord Darcy) recommending himself to him, his young lord and to his lady, lord Darcy's wife. Whereas lord Darcy has written to the prior concerning a special piece of evidence belonging to the said young lord's inheritance, and [asking] the prior to certify him by his servant, the bearer, whether or not the king has written to the prior to deliver the evidence to any person, and, if the king has done so, to know to whom it was delivered and [to have] a copy of the bill between him and the prior of the delivery, the king has written and commanded the prior to deliver it to the abbot of St Mary's abbey besides York, lately deceased. The prior did so, as is evident by the bill indented between him and the abbot, a copy of which he has here sent to lord Darcy.
Date: Durham, 17 February.
f.157v   1 March 1507
Mandate [by Thomas, prior of Durham] (in margin: to William Godson) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he provides him with transport and expenses.
Date: Durham, 1 March 1506/7.
f.157v   1 March 1507
Mandate [by Thomas, prior of Durham] (in margin: to William Burgh') stating that since [he resolved that] he should be sent from his present place to the cell of Finchale, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master there so that he provides him with transport and expenses.
Date: Durham, 1 March 1506/7.
f.157v   16 January [?1507]
Language:   English
Letter (in subscription: by the king's mother [lady Margaret Beaufort]) (in superscription: to the prior of Durham) stating that whereas she is informed that the parsonage of Kirkby on Bain, Lincs., near her lordship of Tattershall, is shortly likely to be vacant at the disposition of the prior, by reason of the great age and feebleness of the incumbent thereof, she desires him to grant to her the nomination of the said parsonage, when it next happens to be vacant, for the preferment of one of her chaplains, and to inform her in writing by the bearer of his good mind herein.
Under her signet.
Date: the manor of Hatfield, 16 January.
f.157v-158r   2 March [1507]
Language:   English
Letter [by Thomas, prior of Durham] (in margin: to the king's mother [lady Margaret Beaufort]) stating that whereas she has written to him to have the nomination of Kirkby on Bain [Lincs.] at the next vacancy thereof, touching the said benefice he and his fellow monks are in this position: three years ago a certain gentleman, a singular friend to them and their ?property (lyveloyde) nearby him, wrote and made entreaty to them, as he did twenty years past. Not only did he do so but so did some of the prior's own fellow monks, the prior of Stamford, St Leonard's, for the vacancy of the said church ?for his learned sons. When he last wrote, the prior and his fellow monks, with the consent of all, wrote to him that, inasmuch as they ought not by law to make any such grant as the incumbent was alive, whenever the vacancy occurred they would so do therein that he would be well satisfied; upon their writing he has various times thanked them and through their said writing has been beneficent to them and their property. Considering this and especially their promise in their writing, which he beseeches her to remember, they think they cannot honestly do otherwise than grant it to him at the next vacancy thereof, which grieves the prior deeply, given her wish, who has been so gracious to them.
Date: Durham, 2 March.
f.158r-v   29 March 1507
[Memorandum of] petition by William Migeley, lately of Horsforth, [W. R.] Yorks., who on 29 March 1507 came to Durham cathedral and, after the bell had been tolled, as customary, asked for sanctuary from George Cornfurth, sacrist thereof, for the reason that he was present when a certain William Ryding and Richard Baresto of Ovenden Wood (Ovyndenwode) within the parish of Halifax struck a certain William Smyth on the head with their staffs near the churchyard of the church of Halifax nine years ago, from which blows (as he alleges) he died within three days. Likewise William Migeley asked for sanctuary, as above, for the reason that he took and drove away certain animals of the abbot and convent of Kirkstall (Cristall), namely, twelve oxen and one cow and, driving them into the bishopric of Durham, left them there. Likewise, he asked for sanctuary, as above, for the reason that he bound himself by his bond to a certain Thomas Horsefall of Leeds, Yorks., for £5. Fearing he would be indicted or imprisoned, William sought sanctuary for his presence at the time of the blows, for the abduction of the animals and the bond, and also for any other debt or felony charged or to be charged to him.
Present: John Clerke, N. P., John Bukeley, literatus, and John Loksmyth of York and [?Durham] dioceses.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.47 no.cxv.
f.158v-159r   8 April 1507
[Memorandum of] petition by Thomas Knages of Sneaton, [N. R.] Yorks., and George Birkehede thereof, yeoman, who on 8 April 1507 came in person to Durham cathedral and, after the bells had been tolled, as customary, asked for sanctuary from George Cornfurth', sacrist thereof, for the reason that on 5 April last past at Whitby Strand near Whitby, Yorks., the said Thomas struck a certain (blank) Colynson and [as he alleged] in self-defence nearly cut off his right arm with one sword and George Birkehded mortally wounded him on the abdomen with another sword, from which blows and wounds he died at once on the same day, for which felony they contritely sought sanctuary.
Present: John Browne, Thomas Huchenson, John Clerke, N. P., and other witnesses of York and Durham dioceses.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.47-48 no.cxvi.
f.159r   14 April 1507
Grant by Thomas, prior of Durham, to John Barbore, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Agnes Wawdow, widow, lately held, for the term of his life. He is to have what any brother or sister, staying within or outside the infirmary, receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage without licence from the prior or his successors, he wills that John be deprived of all the aforementioned in perpetuity.
Date: Durham, 14 April 1507.
f.159r-160r   7 May 1507
Proxy by Thomas, prior of Durham to all and sundry fathers of the order of black monks [attending] the provincial chapter thereof to be held by apostolic authority on Monday next before the translation of St Thomas the martyr [7 July], namely, 2 July next, at Coventry (the Monday before 7 July was actually 5 not 2 July which fell on a Friday), appointing his fellow monks, Mr Thomas Swalwell', S.T.P., and Thomas Castell', B.Th., and warden of [Durham] College Oxford, as his proctors; and granting to them full authority and special mandate: to appear before the said fathers on the aforesaid day and place appointed above, to excuse and give the causes of the prior's absence and to swear an oath in that regard; to treat and come to an agreement concerning all and sundry articles proposed by them or the other prelates there present for the honour of the order; to agree to all and sundry which shall be decreed in the chapter by the common counsel of all and sundry present; and to do all else necessary or appropriate for the aforementioned and known to pertain by right or custom to the office of proctor, even if it requires a special mandate; since he is prevented from attending in person by such difficult and urgent business [touching] the state and advantage of the monastery of Durham (whose rule he has).
Date: Durham, 7 May 1507.
f.160r   9 May 1507
Appointment by Thomas, prior of Durham, of his fellow monk, Richard Evynwode, as master or keeper of Farne Island, committing to him its care and administration, both in spiritualities and temporalities, until he has a further mandate from the prior; and commanding all whom this concerns to be answerable to him as master or keeper thereof in all and sundry pertaining to the cell. He is to render annually to the prior a faithful account of all receipts and expenses of the cell.
Date: Durham, 9 May 1507.
f.160r-161r   4 May 1507
Certification by Thomas, prior of Durham, to John, abbot of the monastery of SS Peter and Hild, Whitby, of the Benedictine order, visitor of the abbots, priors, monasteries and other places of the order within York province by authority of the provincial chapter of the order, last held at Coventry, or to his commissaries, one or many, having received on 17 April the following citation and mandate, informing him that the prior has obeyed his mandate and on its authority has caused all his fellow monks, who should be present by right or custom, to be forewarned and cited to appear on the day and place appointed and contained in the abbot's letters. He has caused their names to be written in a schedule and attached to the presents, and has carried out all else incumbent on his office in this regard.
Date: Durham, 4 May 1507.
For another copy of the abbot of Whitby's citation, see DCD Reg. V, f.81v-82r.
   16 April 1507
Citation and mandate by John, abbot of the monastery of SS Peter and Hild, Whitby, York diocese, specially deputed by the presidents of the provincial order of black monks in England, last held at Coventry, to visit the monastery of Durham of the Benedictine order within Durham diocese, and to enquire into the state thereof and of the persons and regular observances therein, and to correct and reform in both spiritualities and temporalities those things he would perceive as in need of correction or reform, and to do all else pertaining by right or custom to the exercise of the office, in accordance with the general council and Benedictine observance, to the prior and convent of Durham. Since he intends to visit them, by himself or through his commissaries, in their chapter house on 4 May next, he commands and cites them to appear in person at the capitular hour on the said day before him or his commmissaries in the chapter house. He commands him to forewarn and cause to be cited all his fellow monks, both present and absent, who by right or custom should be present, to appear with him on the said day and place. By letters patent reciting the contents hereof, he is to certify the abbot on the said day and place as to all he has done or resolved to do regarding the aforementioned, along with the names in writing of all his fellow monks, present and absent, as aforementioned.
Date: his chapter house [at Whitby], 16 April 1507.
f.161r   31 May 1507
Mandate [by Thomas, prior of Durham] (in margin: to John Lawson) stating that since he has resolved that he should be removed from the monastery of Durham, where he presently is, to the cell of Wearmouth, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 31 May 1507.
f.161r   9 June 1507
[Memorandum of] petition by John Sharparow of the vill of Newcastle-upon-Tyne who on 9 June 1507 came to Durham cathedral and, after the bell had been tolled, as customary, asked for sanctuary for the reason that on 6 June, in consequence of an assault made upon him by a certain Edward Gallon of the said vill, he feloniously struck Edward with a dagger, mortally wounding him on the right side of the neck, from which blow he died on the next day, for which felony John sought sanctuary.
Present: Thomas Watson, literatus, John Barbour and Richard Peyrson of Durham diocese.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.48 no.cxvii.
f.161r-v   2? June 1507
[Memorandum of] petition by Nicholas Bowman, lately of Howston within the parish of Allenton, York diocese, who on 2(blank left for second digit) June 1507 came to Durham cathedral and, after the bell had been tolled, as customary, asked for sanctuary for the reason that on 2(blank left for second digit) June 1507, as a consequence of an assault made upon him by a certain Christopher Hewetson at the aforesaid Harston, he feloniously struck Christopher on the head with a sword, mortally wounding him, from which blow he died on the next day, for which felony Nicholas sought sanctuary.
Present: John Vesse, Thomas Hawgton and George Sparke of Durham diocese.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.48 no.cxviii.
f.161v   30 June 1507
Mandate [by Thomas, prior of Durham] (in margin: to William Ogle) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Finchale, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 30 June 1507.
f.161v   17 July 1507
[Memorandum of] petition by Thomas Uthwayt of Garsdale of the parish of Sedbergh, Yorks., who came to Durham cathedral on 17 July 1507 and, after the bell had been tolled, as customary, asked for sanctuary for the reason that {on 6 July} he drove away twenty animals from Garsdale to one vill called Grymsby super le walde in the said county, [which were] furtively taken by a certain Gilbert Gy of Garsdale, Thomas's uncle. Fearing he sould be imprisoned for the said felony, Thomas sought sanctuary.
Witnesses: (blank).
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.48 no.cxix.
f.161v-162r   12 June [1507]
Language:   English
Letter (in margin: by the king [Henry VII]) (to the prior of D[urham]) stating that whereas certain indulgences granted by the pope to the hospital of St James in Compostella in Spain have been published by his licence in every diocese in the realm and divers great sums of money have been levied by reason thereof, of which part yet remains in the hands of the curates and commissaries deputed in each of the said dioceses for that purpose, the king, intending the said money to be employed to the use of the hospital, desires him to cause the same, with all the letters of the indulgence remaining undistributed within Durham diocese, to be speedily brought to the archbishop of York's place at Westminster and there to be delivered by indenture to the king's trusty clerks and chaplains, Dr Rokeby, Mr John Esterfeld and the proctor of the hospital (or to two of them), whom he has appointed to receive the same, with due account made to the use of the hospital, and to deliver sufficient quittances accordingly, with allowance by them to the bringers of the money for their reasonable expenses.
Under his signet.
Date: his manor of Greenwich, 12 June.
f.162r-v   4 July [1507]
Language:   English
Letter (in margin: by the king [Henry VII]) (to the prior of Durham) stating that he understands from [the prior's] letters, lately sent to him, that he has granted to him the disposition of the prebend of Barmby, now vacant by the resignation of Mr Ralph Colyngwood, and of the prebend of Thorpe, likewise vacant by the resignation of the king's trusty clerk and chaplain, Mr Robert Fyssher, the incumbent thereof, for which the king thanks him. He desires him to cause to be made sufficient letters for Robert Fyssher for his preferment to the prebend of Barmby and similarly other letters for Mr Robert Blakewall', one of the masters of the king's chancery, for his preferement to the prebend of Thorpe.
Under the king's signet.
Date: his manor of Greenwich, 4 July.
For various notarial instruments and presentations relating to this, see DCD Reg. V, f. 83r-84r and 85r.
f.162v   31 Juy 1507
Grant by Thomas, prior of Durham, to Thomas Shawden', with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Agnes Smyth', widow, lately held, for the term of his life. He is to have what any brother or sister, staying within or outside the infirmary, receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage without licence from the prior or his successors, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 31 July 1507.
f.162v-163r   2 August 1507
Grant by Thomas, prior of Durham, to Isabel Recherdson, wife of Thomas Richerdson, with the consent and will of his fellow monks, of a corrody or place in the hospital of Witton [Gilbert] near Bearpark which Edward Patonson lately held when alive, for the term of her life. She is to receive what any brother or sister staying outside the hospital receives, provided that she keeps all its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or marry again without licence from the prior and his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 2 August 1507.
f.163r   18 August 1507
Grant by Thomas, prior of Durham, to John Wynter, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Alice Sharparow lately held, for the term of his life. He is to have what any brother or sister, staying within or outside the infirmary, receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.) or commit fornication or adultery etc.
Date: 18 August 1507.
f.163r   29 August 1507
[Memorandum of] petition by John Lynsay alias John Hakbarrowe, lately of {the city} of York, in All Saints parish, merchant, who came to Durham cathedral on 29 August 1507 and, after the bell had been tolled, asked for sanctuary for the reason that on 6 April 1507 in the street called Ousegate within York, as a consequence of an assault made upon him by a certain William Rawden, lately of York, yeoman, he feloniously struck William on the head with a sword, mortally wounding him, from which wound he died within three days, for which felony John sought sanctuary.
Present: John Huchonson', chaplain, Richard Stevynson', butcher, Nicholas Hunter and others of Durham diocese.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.49 no.cxxi.
f.163v   24 August 1507
[Memorandum of] petition by Mark Thomson, lately of Beverley, Yorks., who on 24 August 1507 came to Durham cathedral and, after the bell had been tolled, as customary, asked for sanctuary for the reason that a certain William Kyde had feloniously stolen certain of his goods, namely, merchandise, for which felony Mark had pursued and found him. He also caused him to be put in prison at Nottingham as a felon of the king for the said felony, and in order for the law to be justly executed against William, he found a certain William Johnson of Nottingham in Nottinghams., pinner, and N[icholas] Hawden of Loughborough in the same county, yeoman, as his pledges. Nevertheless, fearing William's friends and kinsmen, he defaulted in his execution against William and fled to Durham cathedral for his bodily safety in that he had not pursued William for the said felony, and sought sanctuary.
Present: Richard Billingham, gentleman, and Edward Milner alias Notman of Durham diocese.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.49 no.cxx.
f.163v   9 October 1507
[Memorandum of] petition by Edward Lancastre of Hoff of the parish of Appleby, co. Westmorland, who on 9 October 1507 came to Durham cathedral and, after the bell had been tolled, as customary, asked for sanctuary for the reason that on 26 September 1507 at Dufton in the said county he feloniously struck a certain Thomas Sawghell' of Dufton on the head with a sword, from which blow he died within four days, for which felony Edward sorrowfully sought sanctuary.
Present: Thomas Hawghton' and William Lee, literati, of Durham diocese.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.49-50 no.cxxii.
f.164r   16 October 1507
[Memorandum of] petition by Robert Stevynson of Castle Carrock in Gilsland in Cumb. and Richard Stevynson, his brother, who came to Durham cathedral on 16 October 1507 and, after the bell had been tolled, as customary, asked for sanctuary for the reason that at Castle Carrock around the Invention of the holy cross [3 May] two-and-a-half years ago Robert fatally struck a certain Thomas Hudson' in the chest with a lance, commonly named a lance staff, from which blow he died at once, for which felony Robert as the doer (actor) and Richard as accessory (because he was present at the time of the blow although he denied that he in any way struck Thomas) sorrowfully sought sanctuary.
Present: Alexander Faderstonhawgh, gentleman, John Lokesmyth, Thomas Thomson and Ralph Walker.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.50 no.cxxiii.
f.164r   29 November 1507
[Memorandum of] petition by Ralph Shotton' who on 29 November 1507 came to Durham cathedral and, after the bell had been tolled, as customary, asked for sanctuary for the reason that in the territory of Brompton near Southalverton, York diocese, around the translation of St Edward last past [either 13 October or possibly 18 February (the first translation) or 20 June (the second translation)] he took (rapuit)a certain Alice Colsin without and against her will and that of her parents, and abducted her to a vill called Usworth, Durham diocese, for which surreption he sought sanctuary.
Present: (blank).
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.50 no.cxxiv.
f.164r-v   18 December 1507
[Memorandum of] petition by Robert Ussher, lately of Prudhoe, Northumb., who came to Durham cathedral on 18 December 1507 and, after the bell had been tolled, as customary, asked for sanctuary for the reason that at Nafferton in the said county around Easter ten years ago [26 March] he struck, [although] not fatally, a certain Thomas Pawston of Matfen in the said county on the back with a lance, nevertheless he was present when the said Thomas received a mortal wound, from which, as Robert alleged, he died at once. For this blow and for [his] presence at the time of death, Robert sought sanctuary.
Present: William Smythers, Robert Smethers, John Bulman' and John Corbett of Durham and Lancaster (sic) dioceses.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.50-51 no.cxxv.
f.164v   15 January 1508
[Memorandum of] petition by Cuthbert Law, lately of ?Nether Witton [Witton of the Water] in Northumb., who on 15 January 1507/8 came to Durham cathedral and, after the bell had been tolled, as customary, asked for sanctuary for the reason that around the Exaltation of the holy cross last past [14 September] at the said Witton, in consequence of an assault made upon him by a certain John Crawfurth' of Witton, he struck and mortally wounded John on the chest with a certain dagger which he then held in his hand, as he alleged, from which blow John died at once, for which felony Cuthbert sought sanctuary.
Present: John Browne, Richard Wilson and John Blythe'.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.51 no.cxxvii.
f.164v   10 January 1508
[Memorandum of] petition by Robert Spore of Kylne House in Redesdale and Henry Spore of Shittleheugh in Redesdale who on 10 January 1507/8 came to Durham cathedral and, after the bell had been tolled, as customary, asked for sanctuary for the reason that Robert and Henry, together with others, were present at and assisted the felonious killing of a certain John Pottes and Andrew Pottes of Doretres in Redesdale, [who were] feloniously killed then and there, for which felony and all other felonies perpetrated outside the liberty of St Cuthbert by the same Robert and Henry [or either of them] they sought sanctuary.
Present: Thomas Hawghton', John Barbour and Richard Watson of Durham diocese.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.51 no.cxxvi.
f.164v   18 January 1508
[Memorandum of] petition by James Bocle of Healaugh [Heley] of the parish of Grinton in Swaledale who came to Durham cathedral on 18 January 1507/8 and, after the bell had been tolled, as customary, asked for sanctuary for the reason that, in consequence of an assault made upon him by a certain Richard Clersson', he feloniously struck Richard in self-defence on the head with a staff, called a clubstaff, from which blow Richard died in the three days preceding this petition, for which felony James asked for sanctuary, as above.
Present: John Huchenson', Edmund Huchenson, John Browne and other witnesses.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.51 no.cxxviii.
f.165r   9 February 1508
[Memorandum of] petition by William Wynship of Dinnington in Northumb., who on 9 February 1507/8 came to Durham cathedral and, after the bell had been tolled, as customary, asked for sanctuary for the reason that he allowed a certain Thomas Alenson to kill sheep within his house (mansum), which Thomas had stolen and driven to William's house on the Friday before Christmas last past [24 December]. Fearing therefore he would [have to] submit to the law for the said felony thus perpetrated on the part of Thomas, he sought sanctuary, as above.
Present: John Eland and George Scott of Durham diocese.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.52 no.cxxix.
f.165r   11 February 1508
[Memorandum of] petition by Roger Hayclay of Samlesbury (Samysbury) near Preston in Amounderness, Lancs., who came to Durham cathedral on 11 February 1507/8 and, after the bell had been tolled, as customary, asked for sanctuary for the reason that at Samysbury Lonyng [?Lovyng] near Samlesbury on 29 January preceding he feloniously and fatally struck a certain Roger Sharphouse on the front of the head with a staff, called a pikestaff, in self-defence, as he alleged, mortally wounding him, from which below he died within four days, for which felony Roger sorrowfully sought sanctuary.
Present: John Browne, Alexander Gybson and Thomas Hawghton, literati.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.52 no.cxxx.
f.165r   12 March 1508
Mandate [by Thomas, prior of Durham] (in margin: to Thomas Durham) stating that since he resolved that he should be removed from his present place to the cell of Finchale, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior thereof so that he receives him benevolently.
Date: Durham, 12 March 1507/8.
f.165v   12 March 1508
Mandate [by Thomas, prior of Durham] (in margin: to Richard Lawson) stating that since he resolved that he should be removed from his present place to the cell of Jarrow, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 12 March 1507/8.
f.165v   31 March [?1508]
Mandate [by Thomas, prior of Durham] (in margin: to Robert Keyth) stating that since he resolved that he should be removed from his present place to the cell of Farne Island, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Lytham so that he provides him with transport and expenses, and to the master of Farne so that he receives him benevolently.
Date: Durham, 31 March 1507 (given the adjacent documents, is this a mistake for 1508?).
f.165v   1 April 1508
Mandate [by Thomas, prior of Durham] (in margin: to Thomas Holburne) stating that since he resolved that he should be removed from his present place to the cell of Lytham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master of Farne so that he provides him with transport and expenses, and to the prior of Lytham so that he receives him benevolently.
Date: Durham, 1 April 1508.
f.165v-166r   25 March 1508
[Memorandum of] petition by William Bowman of the parish of Allenton', York diocese, who on 25 March 1508 came to Durham cathedral and, after the bell had been tolled, as customary, asked for sanctuary for the reason that at Howsty near the church of Allenton he was present when Christopher Hewetson was killed by a certain Nicholas Bowman, William's father, to which killing William gave assistance, and also William broke out of Hexham gaol on Tuesday, 21 March 1507/8, for which felonies William sought sanctuary.
Present: Thomas Fawderley and Robert Reidman of Durham diocese.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.54 no.cxxxviii.
f.166r   5 June 1508
[Memorandum of] petition by John Potter' of North Cowton, York diocese, who on 5 June 1508 came to Durham cathedral and, after the bell had been tolled, as customary, asked for sanctuary for the reason that on 4 June at Uckerby, York diocese, he feloniously broke into a certain mill and removed divers mixed grains therefrom, namely, wheat, rye and barley, in the quantity of four measures (modiorum), for which theft feloniously committed and the other debts he owes to divers persons, he sorrowfully sought sanctuary, as abovesaid.
Present: Richard Colynson, chaplain, John Barbour and Thomas Hawghton of Durham diocese.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.52 no.cxxxi.
f.166r-v   [?1508]
Formulary of letters testimonial by abbot A of the monastery of B making it known that he has given licence to his fellow monk and canon, A. C., professed priest (sacerdotali professo) of the aforesaid monastery [and] bearer of the presents, to visit and go on pilgrimage to St Thomas at Canterbury for the salvation of his soul and those of all the faithfully departed. Knowing from his behaviour, for as long as he stayed religiously and respectably with the abbot and his fellow monks in the said monastery, that he is a devout, orthodox and faithful Catholic priest, not charged with any notorious offence but of good behaviour and of sound and unimpaired reputation (in which matter they can [have] him ministered with the sacraments and not be deprived of a Christian burial, wherever he should go or happen to stay) the abbot requests them to receive and treat him thus when he should come amongst them, as the prior wishes to receive and treat them. The abbot licences and gave special licence to him to choose a suitable confessor, regular or secular, who, after his confession had been heard, can absolve him on the prior's authority and enjoin a salutary penance on him, whenever it seems necessary to him. This licence and grant of going on pilgrimage will last and should continue in full strength until the nativity of Mary next [8 September] without further delay, and is to last no further. If on the nativity of Mary next, he has not returned to the monastery, the abbot will from day to day declare him an apostate and transgressor of his religion and of the abbot's mandate, unless the testimony and report of trustworthy men, among whom A. C. is unwell, has made known to the abbot that pressing infirmity and illness has impeded [him].
With the seal of his office appended hereto for the aforesaid term.
f.166v   20 June 1507
Memorandum that on 20 June 1507 a corrody in the infirmary outside the abbey gate [Durham] was granted to John Salamond, which Joan Bee held when alive. Likewise, on the said day a corrody in the hospital of St Mary Magdalene near the hospital of Kepier, granted to the said John and lately held by the said Joan when alive, was issued. Likewise on the said day, as above, a corrody in the hospital of Witton [Gilbert] was granted to the said John, which the said Joan held when alive, in the common form.
f.166v   14 May 1508
Memorandum that a corrody, lately John Forster's, in the Maison de dieu was granted to James Nycholson' for the term of his life, under the prior's long seal (in accordance with the form of the similar corrody granted to the said John when alive and previously written in this book on f.49[r]).
Date: Durham, 14 May 1508.
f.167r   [?1508]
Statement of the liberties of the church of Hexham that the church of Hexham from that prerogative of ancient honour holds this liberty and authority that neither because of a synod nor chrism nor any ecclesiastical cause it does not owe any duty or customary service to the bishop of Durham or his archdeacon or their officials, unless perhaps, because of determining some ecclesiastical cause, the bishop of the church shall have commanded the prior or some brother of the church to come to him. If the bishop of Durham or [his] archdeacon perhaps because of some ecclesiastical cause at Easter should refuse to give holy oil to the said church, from the decrees of the metropolitan of York, it may accept that [?oil] from the church of York, [and] may send its clerks for ordaining wheresoever it wishes, which privilege it is established it has had from ancient time. From any place of Durham or other episcopate it may take the bodies of any deceased [who are] to be buried with their just oblations who, when living, handed themselves to the brothers of the church and chose a place to be at rest among them. From the liberality and confirmation of kings, archbishops, bishops and princes it holds this liberty that nowhere does it pay any duty or customary service for the transferring or exchange of its own goods. Therefore, whether in cities and areas of jurisdiction or in towns, vills and ports, for the use or enjoyment of the church, it may buy or sell anything ?by [?or to] its officials or when they go from place to place with their money ??without all action they are accustomed to do that and should ( “sine omni accione et consuet' id agere solen' et debent”).
f.167r   10 July 1508
[Memorandum of] petition by John Tod', lately of Swine in Holderness, York diocese, who came to Durham cathedral on 10 July 1508 and, after the bell had been tolled, as customary, asked for sanctuary for the reason that he at Westminster near London around St James [25 July] nine years ago feloniously removed one horse and certain moneys to the amount of 5 marks from the goods and chattels of a certain N[?omen] Dale, chaplain, then steward of the lord of Hastings. He also asked for sanctuary, as above, for the reason that he owes divers debts to divers creditors within York diocese. For this felony perpetrated by him, he sought sanctuary, as abovesaid.
Present: Thomas Huchenson and Thomas Hawghton.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.53 no.cxxxii.
f.167v   ?19 August 1508
Mandate [by Thomas, prior of Durham] (in margin: to Edmund More) stating that, since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Holy Island so that he provides him with transport and expenses.
Date: Durham, ?19 [altered from ?15] August 1508.
f.167v   30 August 1508
Mandate [by Thomas, prior of Durham] (in margin: to Ralph Blaxton') stating that, since he resolved that he should be removed from the monastery of Durham to the cell of Holy Island, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 30 August 1508.
f.167v   31 July 1508
Mandate [by Thomas, prior of Durham] (in margin: to John Lawson) stating that, since he resolved that he should be removed from his present place to the cell of Jarrow, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 31 July 1508.
f.167v   31 July 1508
Mandate [by Thomas, prior of Durham] (in margin: to Richard Lowson) stating that, since he resolved that he should be removed from his present place to the cell of Wearmouth, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 31 July 1508.
f.167v-168r   23 August 1508
[Memorandum of] petition by John Gowland of Skirwith in Kirkland parish, Carlisle diocese, who on 23 August 1508 came to Durham cathedral and, after the bell had been tolled, as customary, asked for sanctuary for the reason that on 13 April 1507 he, together with others, feloniously broke into the house of a certain vicar of Kildwick in Craven, York diocese, and took certain sums of money and other silver objects from the vicar's goods, for which felony he sought sanctuary.
Present: Thomas Chalmer, master of the masons, Robert Kervir {and} John Harde.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.53 no.cxxxiii.
f.168r   15 September 1508
Grant by Thomas, prior of Durham, to George Scott and Alice, his wife, of a corrody in the Maison de dieu which William Yong lately held, for the term of their lives and that of the survivor of them. They are to receive what any brother or sister thereof, staying outside, receives, provided they keep all its statutes (etc.). If they should not carry out the statutes (etc.), commit fornication or adultery, or resort to another marriage beyond the present one, he wills that they be deprived of all the aforementioned in perpetuity.
Date: Durham, 15 September 1508.
f.168r-v   3 November 1508
Commission by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire and within the bounds of the parish of the collegiate church of Hemingbrough, York diocese, to Mr John Withers, M.A., vicar general of Christopher, bishop of Durham, and canon of St Paul's, London, and of Salisbury cathedral, and canon and prebendary in the collegiate church of Howden, stating that since, occupied elsewhere, the prior had lately caused his commissaries to visit the churches of Howden and Howdenshire, Hemingbrough, Skipwith and Holtby in his jurisdiction, and the clergy and people thereof, and they, duly carrying out the office of visitation, detected and found by legitimate inquest divers crimes, offences and moral corruption of the said clergy and people and defects in the repairing of divers churches, their ornamentation, and of other necessities pertaining to them, which, requiring fuller consideration or knowledge, could not be fully corrected and reformed by them during their visitation, the prior therefore, wishing all and sundry detected or found in the visitation to be wholly reformed, commits to him authority, until revoked by the prior, to correct [and] reform any transgressions, faults, morals and offences and all else of the clergy and people found in the visitation which should be reformed, and to do, carry out and reform all else necessary and opportune to the office [of visitation] and the carrying out of this commission, with authority to substitute others [in his place] if he is otherwise impeded.
Date: Durham, 3 November 1508.
f.168v-169r   30 October 1508
[Memorandum of] petition by Christopher Ward' of Cotisflate, co. Westmorland who on 30 October 1508 came to Durham cathedral and, after the bell had been tolled, as customary, asked for sanctuary for the reason that on 15 October 1508 he feloniously broke out of and escaped from the king's prison at Appleby, co. Westmorland, for which felony he sought sanctuary.
Present: Robert Wardell', literatus, and Henry Cuke of Durham, shoemaker, of York and Durham dioceses.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.53 no.cxxxiv.
f.169r   7 November 1508
[Memorandum of] petition by Edward Robson of Tynemouth, Northumb., who came to Durham cathedral on 7 November 1508 and, after the bell had been tolled, as customary, asked for sanctuary for the reason that on the Saturday next before Palm Sunday last past [15 April] in a certain street commonly named Clothmarket in the vill of Newcastle-upon-Tyne he feloniously struck a certain Edmund Tailyour on the upper arm with one le dager, mortally wounding him, from which blow he died at once.
Witnesses: Richard Stobbis and William Raper.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.53-54 no.cxxxv.
f.169r-v   10 November 1508
[Memorandum of] petition by John Thomson of le Malyng of the parish of Bellingham in Tyndale, who came to Durham cathedral on 10 November 1508 and, after the bell had been tolled, asked for sanctuary for the reason that he [was present] when a certain Alexander Chorleton of Shitlington Hall in Tyndale feloniously struck with one le dager on [his] left side under the arm a certain Alexander Illott in a place called Esplewodholp (Espleywood holp) near Faregirslowgh in Tyndale around St James [25 July] one year ago, from which blow Alexander Illott died at once, for which felony John Thomson sought sanctuary.
Present: William Wren, William Forster and Henry Olyver.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.54 no.cxxxvi.
f.169v   1 December 1508
Mandate [by Thomas, prior of Durham] (in margin: to Richard Lowson) stating that, since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master there so that he provides him with transport and expenses.
Date: Durham, 1 December 1508.
f.169v   14 December 1508
Grant by Thomas, prior of Durham, to George Smyrttwhait, with the consent and will of his fellow monks', of a corrody in the Maison de dieu, which John Barne lately held when alive, for the term of George's life. He is to have what any brother or sister thereof, staying outside, receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage again, without having sought and obtained licence from the prior and his successors, the prior wills that he be deprived in perpetuity of all and sundry thus granted to him.
Date: Durham, 14 December 1508.
f.170r   22 December 1508
[Memorandum of] petition by James Elvald, a Scots by birth, who on 22 December 1[5]08 came to Durham cathedral and, after the bell had been tolled, as customary, asked for sanctuary for the reason that at Horsley near Prudhoe, Northumb., he, together with others, feloniously broke into the dwelling house of a certain (blank) around the Exaltation of the holy cross two years ago [14 September], for which felony perpetrated by him he sought sanctuary.
Present: Cuthbert Billyngham, gentleman, William Bell' and Nicholas Wynter, literati, of York and Durham dioceses.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.54 no.cxxxvii.
f.170r-v   3 February 1509
Proxy by Thomas, prior {*and the chapter} of Durham appointing Mr William Thomson, B.Th. {*S.T.P.}, Mr John Underwode, LL.B., advocate of the consistory court of York, and Robert Cheston', N. P., as his proctors (etc.), with general and special power: to appear on his behalf in the convocation of the clergy of York province, [to be held] in York minster on {(}7{)} February {October} inst. before Christopher, archbishop of York (etc.) or his deputed lieutenant, commissaries or commissary, to treat with the archbishop or his commissaries and the other prelates and proctors of the clergy of York province about those things which should happen to be set forth there; to give their advice concerning the aforementioned and to agree to what should by agreement be ordered there; and, when necessary, to assert the rights, liberties and privileges concerning the prior and his monastery.
Date: Durham, 3 February 1508/9.
*Alterations in {} ?by Thomas Swalwell, probably for a subsequent issuance of the proxy.
For a nearly identical proxy by the prior and chapter of Durham, see DCD Reg. V, f.114v.
f.170v   31 March 1509
[Memorandum of] petition by Robert Bynkes of the vill of Newcastle-upon-Tyne who on 31 March 1509 came to Durham cathedral and, after the bell had been tolled, as customary, asked for sanctuary for the reason that on Passion Sunday last past [25 March] he feloniously and mortally struck on the right chest with one le dager a certain Robert Tailyour in the house of a certain Thomas Sanderson, situated near the churchyard of the church of St Nicholas in Newcastle, mortally wounding him, from which blow he died within five days. For this felony perpetrated, as aforementioned, Robert sorrowfully sought sanctuary.
Present: Roland Busby and Edmund Elyson.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.55 no.cxxxix.
f.170v   6 March 1509
Letters testimonial by Thomas, prior of Durham, S.T.P., making known that Robert Lomley, hermit, and Cuthbert Billingham, gentleman, of Durham diocese, bearers of the presents, intend to visit and make a pilgrimage to the shrines of saints in divers parts of the world. He therefore requests that, when Robert and Cuthbert, men of good reputation and respectable behaviour, should visit them and their localities, they treat them benevolently as good and honest Christians, causing them to be provided with the necessities of life and everything due to Christian persons. When they should come to his parts, the prior will receive and treat those [so doing] in an equal manner.
Date: Durham, 6 March 1508/9.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.ccccxi-ccccxii.
f.171r   14 April 1509
Proxy by Thomas, prior of Durham, to all and sundry fathers of the order of black monks [attending] the provincial chapter thereof to be held by apostolic authority on Monday next, namely 2 July, at Coventry, appointing his fellow monks, Mr Thomas Castell', B.Th., and warden of [Durham] College Oxford, and Hugh Whiethed as his proctors; and granting to them full authority and special mandate: to appear before the said fathers on the aforesaid day and place appointed above, to excuse and give the causes of the prior's absence and to swear an oath in that regard; to treat and come to an agreement concerning all and sundry articles proposed by them or the other prelates there present for the honour of the order; to agree to all and sundry which shall be decreed in the chapter by the common counsel of all and sundry present; and to do all else necessary or appropriate for the aforementioned and known to pertain by right or custom to the office of proctor, even if it requires a special mandate; since he is prevented from attending in person by such difficult and urgent business [touching] the state and advantage of the monastery of Durham (whose rule he has).
Date: Durham, 14 April 1509.
f.171v   14 April [?1509]
Language:   English
Letter (in margin and subscription: by Mr Thomas Dalby, Mr Marmaduke Constable and Mr Thomas Magnus) (in superscription: to the prior of Durham) stating that whereas there is a matter in dispute [which is] pending between the vicar of Eastrington on the one part and the parishioners thereof on the other, whereupon the said parties are obliged to carry out and fulfil the award of Dr Hanaball' and Dr Lovell', arbitrators, and inasmuch as there are certain articles wherein no decision can be made or given without licence from the ordinary, [and] inasmuch Thomas Dalby (etc.) would be glad to help the same greatly troublesome matter to be at some good end, and the arbitrers will not meddle with the articles without the prior's licence as ordinary (as the said vicar, bearer hereof, shall show to the prior), they desire him, in order for a quiet and final end to be had and maintained between the partie[s], to authorise the said doctors with his ordinary power touching the articles, or otherwise to send one of his own chaplains, fully authorised to accomplish the aforementioned.
Date: York, 14 April.
f.171v-172r   20 April [?1509]
Language:   English
Letter (in subscription: by Thomas, prior of Durham) (to the abovesaid Mr [Thomas Dalby], Mr [Marmaduke Constable] and Mr [Thomas Magnus]) stating that whereas he understands from their writing that there is a matter in dispute between the vicar of Eastrington and his parishioners, and both he and they are bound to carry out the award of Mr Dr Hanaball' and Mr Dr Lovell', who in certain articles will give no determination without ordinary licence, and they thereupon desire him to authorise the said doctors with ordinary power touching the said articles, or else to send some[one] of his own chaplains fully authorised to accomplish the aforementioned, he thanks them for their charitable labours and thought for the quietness of the said parties and likewise [?he thanks] the two doctors, to whom in accordance with their desires he gives his full ordinary power to end and determine the said articles, in accordance with the law and good custom, touching the instance of the said parties without prejudice to any other.
Date: Durham, 20 April.
f.172r   [20 April ?1509]
Language:   English
Letter [by Thomas, prior of Durham] (to Dr Hanaball' and Dr Lovell') thanking them for their good labour and thought touching the good end and peace to be had between the vicar of Eastrington and his parishioners; whereas he understands by the most honourable counsel of Yorkshire that they think his ordinary power is expedient to them for determining certain articles between the said parties, he gives them full power to end and determine the articles, in accordance with the law and good custom, touching the instance of the same parties without prejudice to any other.
Date: “as above”.
f. 172v   9 May 1509
Commission by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire, to Mr Thomas Lovell', D.Dec., and Mr John Withers, M.A., {Mr Robert Claxton, M.A.} and Mr John Underwod, LL.B., stating that since, then occupied elsewhere, the prior had lately caused his commissaries to visit the churches of Howden and Howdenshire, Hemingbrough, Skipwith and Holtby in his jurisdiction, and the clergy and people thereof, and they, duly carrying out the office of visitation, detected and found by legitimate inquest divers crimes, offences and moral corruption of certain of the said clergy and people, and defects in the repairing of divers churches, their ornamentation, and other necessities pertaining to them, which, requiring fuller consideration or knowledge, could not be fully corrected and reformed by them during the aforesaid visitation, the prior therefore, wishing all and sundry found in the visitation to be wholly reformed, commits to them authority, until revoked by the prior, to correct, reform, suspend, excommunicate and punish any transgressions, faults and crimes and all else found in the visitation which should be reformed, and to do, carry out and reform all else necessary and opportune to the office [of the visitation] and the carrying out of this commission.
Date: Durham, 9 May 1509.
f.172v   10 August [1503]
Language:   English
Letter (in subscription: by Harry Northumberland [Henry Percy, earl of Northumberland]) (in superscription: to the master forester and keepers of his three parks within his lordship of Alnwick, or in their absence to their deputies) charging them to kill three bucks in season in summer and three does in winter for his friend, the prior of Durham, to be taken as his gift within his three parks within his lordship of Alnwick, of which they have the keeping yearly during his pleasure, and to send the said deer to the prior by the bearer hereof or any other in his name so that it is not left undone. This writing shall be sufficient warrrant and discharge for the delivery thereof before his auditors at the forester's and keepers' accounts towards him in this behalf.
Under his signet.
Date: the abbey of Durham, 10 August 18 A. R. Henry VII.
f.173r-v   28 April [1509]
Language:   English
Pardon by the king [Henry VIII] of high treason, petty treason and all manner of treasons, murder and felonies;
all judgements and outlawries of and for the same, [and] the issues and profits, goods and chattels forfeited by reason thereof;
all escapes, both willful and negligent, and all prisoners attainted, convicted or otherwise;
all rebellions, insurrections and misprisions;
all trespasses, forcible entries, embracery, perjury, maintenance and extortion;
misuse, non-use and usurpation of liberties and franchises, and profits taken for the same;
all misdemeanours of sheriffs, undersheriffs, escheators, stewards, mayors, bailiffs, constables, all justices and commissioners, and forfeitures and penalties by reason thereof;
for hunting in forests, parks, chases or elsewhere, and the selling of wood therein;
all [of]fences touching sewers [and] weirs, and the penalties and judgements thereof;
all payments of gold and bullion to strangers;
all alienations into mortmain without the king's licence, or to any other to that use;
intrusions and entries into temporalities of archbishops, bishops [and] priors for the issues and profits thereof, deodands, treasure trove, wreck, waif and stray;
penuries and suits in spiritual courts in derogation of the king's crown and penalties thereof;
ravishment of wards and entries into their lands, and the value thereof, marrying of wards and of the king's widows and heirs female without licence, and the profits thereof;
all intrusions, entries [and] alienations without licence, with the issues and profits thereof;
all waste of lands of heirs within age and all which belongs to the king by reason thereof;
benevolences and the selling of alum;
usuries, corrupt bargains, making of cloth, loaning for days to strangers of chevisances and unlawful exchanges and all other forefeitures concerning merchants or merchandise by reason of any statute or otherwise, and all penalties therefor;
forestalling and regrating, and misusing of false measures and weights;
concealments and withdrawing of customs, wrongful entries of merchandise;
all debts and forfeitures by reason of any recognisances, mainprize, injunction or obligation to the king or to any other to his use, made only for the keeping of the peace, for good abearing, allegiance and appearance;
all manner of outlawries, goods and chattels, issues and profits therefor;
all forfeitures for misusing of apparel statute, labourers for all unlawful games;
demolishing and ?dismantling houses against the statute;
building of towers and embattling;
fines and amercements of cities and towns.
Over all this, the king has pardoned the breach and violation of all statutes, ordinances and condemnations, judgements, executions, debts and penalties that should, do or might grow by reason thereof. He has granted that this pardon is to be expounded and taken to all his subjects.
Date: 28 April 1 A. R. Henry VIII.
Almost the same as Henry's proclamation of 23 April, which is printed in Tudor Royal Proclamations, vol.I, ed. P.L. Hughes & J.F. Larkin, (Yale 1964), p.81-83.
f.173v   10 February 1511
[Memorandum of] petition by Thomas Werener, {horse gelder} (horslibber), of ?Selside (Selsed) of the parish of Kendal (Kirkebykendale), York diocese, who came to Durham cathedral on 10 February 1510/11 and, after the bell had been tolled, as customary, asked for sanctuary for the reason that he owes divers debts to divers persons and, since he does not have the wherewithal to make satisfaction and was fearful that he would be indicted or imprisoned for non-payment and satisfaction of such debts or for any other offence or felony perpetrated by him, he sought sanctuary.
Present: Henry Coke and Thomas Werener of Durham, smith.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.60 no.cliii.
f.174r-v   [?1509]
Assessment of churches within every deanery of Northumberland for the visitation of Christopher, bishop of Durham listing the amounts assessed, under the heading of the deanery of Newcastle,
for the portion of the bishop of Carlisle in the church there; the portion of the prior of Carlisle therein; the portion of the prior of Tynemouth therein; the vicar thereof; the bishop of Carlisle, rector of Newburn[-on-Tyne]; the vicar thereof; the abbot of Blanchland, rector of Heddon; the vicar thereof; the rector of Whalton Whawton; the portion of the prior of Tynemouth; the rector of Morpeth; the appropriators of Mitford; the vicar thereof; the appropriators of Stannington; the vicar thereof; the appropriators of Bedlington; the vicar thereof; the rector of Meldon; the appropriators of [Long]benton; the vicar thereof; the rector of Bothal; the appropriators of Woodhorn; the vicar thereof; the appropriators of [Long] Horsley; the vicar thereof; the appropriators of Ponteland; the vicar thereof; the appropriators of Hartburn; the vicar thereof; the portion of the prior of Tynemouth therein; the appropriators of Corbridge; the vicar thereof; the appropriators of Bywell St Andrew; the vicar thereof; the appropriators of ?Kirkharle (Kyrkehale); the rector of Whitfield; the appropriators of ?Kirkwhelpington (Whehonigton'); the vicar thereof; the appropriators of Bywell St Peter; the vicar thereof; the rector of Knaresdale; the vicar of Stamfordham; the rector of Elsdon; the appropriators of Holystone, Alwinton and Corsenside; the vicar thereof; the appropriators of Chollerton; the vicar thereof; (f.174v) the appropriators of Warden[-on-Tyne]; the vicar thereof; the master of Ovingham; the vicar thereof; the portion of the prior of Tynemouth therein; the appropriators of Haltwhistle; the vicar thereof; the appropriators of Alston; the vicar thereof; the rector of Kirkhaugh; the rector of Simonburn; the vicar thereof; the appropriators of Slaley; the master of Carham; the appropriators of Carham; the appropriators of Newton in Glendale; the vicar thereof; the appropriators of Ilderton; the vicar thereof; the appropriators of Branxton; the vicar thereof; the rector of Ford; the appropriators of Norham; the vicar thereof; the appropriators of Holy Island; the appropriators of Chatton; the vicar thereof; the appropriators of Chillingham; the vicar thereof; the rector of Wooler and Fenton; the portion of the prior of Tynemouth therein; the appropriators of Ellingham; the vicar thereof; the appropriators of Bamburgh; the master thereof; the appropriators of Felton; the vicar thereof; the appropriators of Warkworth (Warpeworth'); the vicar thereof; the appropriators of Shilbottle; the vicar thereof; the appropriators of Lesbury, [?Long] Houghton, Alnwick and Alnmouth; the vicar of Lesbury; the appropriators of Embleton; the vicar thereof; the appropriators of Edlingham; the vicar thereof; the rector of Ingram; the appropriators of Alnham; the vicar thereof; the rector of Rothbury; the appropriators of Eglingham; the vicar thereof; the rector of Howick; the appropriators of Whittingham; the vicar thereof; the master of the hospital of Bolton; the master of the hospital of Westgate in Newcastle; the master of the chapel of Jesmond; the master of the hospital of St Mary Magdalene; the master of the Maison de dieu; the appropriators of Tynemouth; the vicar thereof.
f.175r-v   [?1509]
Assessment of churches within every deanery of the bishopric of D[urham] for the visitation of the aforesaid bishop [of Durham, Christopher] (with a note in the hand of Thomas Swalwell: this should not be shown because of an ill-considered assessment, <as is evident>), listing the amounts assessed, under the heading of the deanery of Durham,
for the churches of Gateshead, Jarrow, Boldon, Washington, Monkwearmouth, Whitburn, Bishop Wearmouth, Seaham; the vicar of Seaham; the church of Houghton[-le-Spring]; the church of Pittington; the vicar thereof; the church of Easington; the church of Dalton-le-Dale; the vicar thereof; the church of Hart; the vicar [thereof]; the portion of the prior of Tynemouth therein; the portion of the prior of Durham in the church of [Castle] Eden; the portion of the prior of Guisborough in the same church and in Hartlepool; the church of Stranton; the vicar thereof; the portion of the prior of Tynemouth therein; the church of Hesleden; the vicar thereof; the church of Elwick; the church of Trimdon, the church of Greatham; the vicar [thereof]; the church of Billingham; the vicar thereof; the church of Sedgefield; the church of Kelloe; the vicar thereof; the church of Bishop Middleham; the vicar thereof; the church of [Kirk] Merrington; the vicar thereof; the church of Wolsingham; the church of Stanhope, the church of Durham St Oswald; the vicar thereof; the churches of Brancepeth, Edmundbyers, Durham St Nicholas, Whickham, Ryton; the chapel of Hylton; the church of Whitworth and Witton [Gilbert]; the portions of Kepier in divers places; the church of Durham St Giles.
Under the heading of the deanery of Auckland: the deanery there; the prebends of Eldon major, Morley, West Auckland, Bishop Auckland, Fitches, Witton[-le-Wear], ?Woodifield Row (Woodfeldrawe), Eldon minor, Shildon, Byers, St Helen Auckland, Escomb.
Under the heading of the deanery of Chester-le-Street: the prebends of Pelton, Lumley, Urpeth, Birtley, Chester[-le-Street], Tanfield.
Under the heading of the deanery of Lanchester: the prebends of Newbiggin, Esh, Langley, Knitsley, Iveston, Greencroft, Medomsley.
f.175v-176r   [?1509]
Assessment of churches within the deanery of Darlington, as above listing the amounts assessed, under the heading of the deanery of Darlington, for the portion of the prior of Durham in the church of Dinsdale[-on-Tees] and of Heighington; the church of Middleton-in-Teesdale; the church of Gainsford; the vicarage thereof; the church of Winston; the church of Cockfield; the church of Staindrop; the vicarage thereof; the church of Heighington; the vicarage thereof; the church of Coniscliffe; the vicarage thereof; the church of Aycliffe; the vicarage thereof; the church of Haughton[-le-Skerne], the church of Hurworth, the church of Dinsdale[-on-Tees]; the church of Sockburn[-on-Tees]; the vicarage thereof; the first portion in the church of Middleton St George; the second portion therein; the churches of Long Newton, Stainton-in-the-street; ?Eaglescliffe (Egleswyke); Redmarshall; Elton.
Under the heading of the portion of Norton: the portion of the vicar of Norton; the first portion therein; the seven portions following each.
Under the heading of the portion in the church of Darlington: the deanery of Darlington; the prebend of Cockerton; the prebend of Blackwell; the prebend of [?Long] Newton; the prebend of Priestgate.
f.176r   [?1509]
Appointment by Thomas, prior of Durham, of (blank) as steward of all the vills, lands and tenements pertaining to the cell of Lytham, as long as he conducts himself well in his office; provided that he duly carries out the office and those [duties] incumbent on it, as should be done for the advantage and honour of the prior and church of Durham. He is to receive the due and customary fees and wages. The prior commands all his officials and tenements whom this concerns to obey (blank) as steward in all and sundry pertaining to the office.
Date: Durham.
f.176v-177r   [?1509]
Language:   English
Poem lamenting the death of Henry VII, comparing him to Solomon, Phoebus, Hector, Ulysses, Croesus and Julius, and rejoicing in his son [Henry VIII].
Printed in: J. Raine, Saint Cuthbert: with an account of the state in which his remains were found upon the opening of his tomb in Durham Cathedral, in the year MDCCCXXVII (Durham 1828), p.166.
f.177v   12 June 1509
Grant by Thomas, prior of Durham, to William Howlett, with the consent and will of his fellow monks, of a corrody in the hospital of St Mary Magdalene near the hospital of Kepier, lately held by William Pawlyng, for the term of William's life. He is to have what any brother or sister thereof, staying outside, receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or resort to some marriage without licence from the prior and his successors, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 12 June 1509.
( “void” is written next to this and the following document in the table of contents on f. ivr.)
f.177v   12 June 1509
Grant by Thomas, prior of Durham, to Katherine Toller', with the consent and will of his fellow monks, of that corrody in the infirmary outside the abbey gate, Durham, which Thomas Shawden lately held when alive, for the term of her life. She is to have what any brother or sister thereof, staying within or outside, receives, provided she keeps all its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage beyond the present one without licence from the prior or his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 12 June 1509.
(See preceding note.)
f.178r   8 July 1509
Commission by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire to Mr Thomas Lovell', D.Dec., Mr John Withers, M.A., Mr Robert Claxton, M.A., and Mr John Underwode, LL.B. stating that since, then occupied elsewhere, the prior had lately caused his commissaries to visit the churches of Howden and Howdenshire, Hemingbrough, Skipwith and Holtby in his jurisdiction, and the clergy and people thereof, and they, duly carrying out the office of visitation, detected and found by legitimate inquest divers crimes, offences and moral corruption of certain of the said clergy and people, and defects in the repairing of divers churches, their ornamentation, and other necessities pertaining to them, which, requiring fuller consideration or knowledge, could not be fully corrected and reformed by them during the aforesaid visitation, the prior therefore, wishing all and sundry found in the visitation or even after it, howsoever committed, to be wholly reformed, commits to them authority, until revoked by the prior, to correct, reform, suspend, excommunicate and punish any transgressions, faults and crimes and all else found in the visitation which should be reformed, and to do, carry out and reform all else necessary and opportune to the office [of the visitation] and the carrying out of this commission.
Date: Durham, 8 July 1509.
f.178r-v   31 July 1509
Mandate [by Thomas, prior of Durham] (in margin: to Robert Marshall from the cell of Finchale to the monastery of Durham) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he provides him with transport and expenses.
Date: Durham, 31 July 1509.
f.178v   31 July 1509
Mandate [by Thomas, prior of Durham] (in margin: to Richard Murton) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Finchale, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 31 July 1509.
f.178v   30 September 1509
Mandate [by Thomas, prior of Durham] (in margin: to Edmund More) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Wearmouth, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 30 September 1509.
f.178v-179r   14 April 1510
Proxy by Thomas, prior of Durham, to all and sundry fathers of the order of black monks [attending] the provincial chapter thereof to be held by apostolic authority on Monday next, namely 2 July, at Coventry, appointing his fellow monks, Mr Thomas Castell', B.Th., and warden of [Durham] College Oxford, and Hugh Whiethed, scholar of the said college, as his proctors; and granting to them full authority and special mandate: to appear before the said fathers on the aforesaid day and place appointed above, to excuse and give the causes of the prior's absence and to swear an oath in that regard; to treat and come to an agreement concerning all and sundry articles proposed by them or the other prelates there present for the honour of the order; to agree to all and sundry which shall be decreed in the chapter by the common counsel of all and sundry present; and to do all else necessary or appropriate for the aforementioned and known to pertain by right or custom to the office of proctor, even if it requires a special mandate; since he is prevented from attending in person by such difficult and urgent business [touching] the state and advantage of the monastery of Durham (whose rule he has).
Date: Durham, 14 April 1510.
f.179r   31 October 1509
Memorandum that six letters of removal were issued, one for Ralph Blaxton from the cell of Holy Island to the cell of Finchale, one for Robert Keyth' from the cell of Farne Island to the cell of Finchale, one for Thomas Durham and another for William Burghe from the cell of Finchale to the monastery of Durham, one for Robert Standrop from the monastery to the cell of Finchale, and one letter for John Castell' from the monastery to the cell of Holy Island.
Date: 31 October 1509.
f.179v   22 November [1509]
Appointment by letters patent by Henry [VIII], king of England (etc.) of John Dalton' to levy, collect and receive to the king's use his custom of wool, hide and wool-fell, due to him, in the port of Newcastle-upon-Tyne and in the sundry places and harbours adjacent thereto, and to keep his seal, called cockett, in the aforesaid port, provided he is answerable to the king at his exchequer for the money arising therefrom. He is to hold the office at the king's pleasure with the wages, fees and rewards customarily due to it. The king commands him to attend diligently to the aforementioned and to carry them out in the aforesaid manner.
Witness: the king.
Date: Westminster, 22 November 1 A. R. [Henry VIII].
“By treasury bill and of the aforesaid date, by authority of parliament Yong”.
For another copy, see DCD Reg. V, f.123v.
f.179v-180v   22 November [1509]
Letters patent by Henry [VIII], king of England (etc.) to John Dalton', informing him that foreign and alien merchants, coming to his realm of England and power, with their goods and merchandise, in order to obtain in perpetuity certain liberties and immunities [?granted] to them by E[dward I], lately king of England, for himself and his heirs, within the same realm and power are bound to pay to him (in addition to the ancient customs due to him or others) for importing any of their merchandise and goods within his realm and power and exporting therefrom, the payments and customs written below: 2s for any scarlet of cloth dyed in grain; likewise, 18s for any cloth in which part of the grain was intermixed; likewise, 12d for any other cloth without grain; likewise, 12d on any quintal of wax; likewise, for avoirdupois and other fine goods (examples given) and horses also and other animals, corn and other goods and merchandise which cannot easily be put at a fixed custom, for each pound of silver of the value of such goods and merchandise, by whatsoever name they be distinguished, 3d in the pound at their entry into his realm and power within twenty days after they have been brought into his realm and power and unloaded or sold there; similarly 3d for any pound of silver at the export of any such goods and merchandise purchased in his realm and power, in addition to the aforesaid customs previously given to him or others, provided always that concerning the value of such goods and merchandise purchased, for which 3d on each pound of silver, as is aforementioned, is to be paid, credit should be given to them by the letters which they may show from their lords or fellows, and if they do not have letters, it should stand in this regard by the oaths of the merchants, if they were present, or of their valets in the merchants' absence, and [provided] that the said merchants, after they have once paid in the abovesaid manner in one place in his realm and power the custom granted above to him for their merchandise and have their warrant thereupon, they should be free and quit for all other places within the said realm of payment of such custom for the same merchandise or wares by the same warrant whether such goods and merchandise remain in his realm or are carried outside. (This is extracted, with a few differences, from the Carta Mercatoria of 1303, printed (among elsewhere) in N.S.B. Gras, The Early English Customs System, (Cambridge 1918) p.259-264).
The statute published in the parliament of H[enry] IV, lately king of England, held 11 A. R., contains, among other things, that all such alien merchants should thenceforward pay custom and subsidy for clothing made and fashioned from cloths of scarlet and sanguine and others colours of whole or half grain and also from cloths dyed in grain and all other cut woollen cloths to be exported outside the realm, according to the rate and quantity thereof. (This is a reference to 11 Henry IV, c. 7.)
He appoints him to levy, collect and receive to the king's use, at the king's pleasure, in person and not by a substitute, the aforesaid subsidies in the port of the vill of Newcastle-upon-Tyne and in sundry places and harbours adjacent thereto, both with respect to the same custom and subsidy for such clothing thus fashioned, according to the form of the aforesaid statute, and with respect to the said customs and payments in the said ports and places, and also to the custom of woollen cloths made in England [which are] to be taken to foreign parts, according to the ordinance lately made thereupon, namely, 14s for a denizen and 21s for an alien for any cloth of assize, 2s 4d for a denizen and 3s 6d for an alien for any cloth of scarlet and other cloth of whole grain, and half of such custom for any other cloth of half grain in which part of the grain was intermixed, and also the rate of the same customs for any other cloth beyond or within the assize, as was greater or lesser according to the relevant portion, and 1d for a denizen and 1½d for an alien for one cloth of whole worsted, 5d for a denizen and 7½d for an alien for one cloth and one plain bedcovering of worsted, 9d for a denizen and 13½d for an alien for one covering for a double bed, and [appoints him] to keep in the aforesaid ports the king's seal, called the cockett, provided that he is answerable to the king at the exchequer <at Westminster> for the money issuing therefrom. He commands him to attend to the aforementioned matters and to do and carry them out in the aforesaid form.
Witness: the king.
Date: Westminster, 22 November 1 A. R. [Henry VIII].
“By treasury bill and of the aforesaid date by authority of parliament Yong”.
f.180v   20 November [1509]
Writ of dedimus potestatem by Henry [VIII], king of England (etc.) to the prior of Durham giving him power to take the recognisances of two mainpernors, each of whom has lands and tenements of the annual value of twenty marks above reprises, under penalty of 100 marks to be levied from their lands and chattels for the king's use, that John Dalton', nominated collector of customs and subsidies in the port of the vill of Newcastle-upon-Tyne, conducts himself well in that office in accordance with the form of a certain schedule enclosed in the presents. The king therefore commands him to receive the aforesaid recognisances, and, when he has procured them, to deliver to the said John the king's letters patent, prepared for him in the said office (which the king sends to the prior by the bearer of the presents) and without delay to send under his seal the recognisances, when thus received by him, to the king in his chancery in the quindene of St Hilary next [13 January]. He should by no means disregard this and should have this writ there.
Witness: the king.
Date: Westminster, 20 November, 1 A. R. [Henry VIII].
“Yong”
With marginal notes: the execution of that writ is evident in a certain schedule sewn to this writ; the response of Thomas, prior of Durham, commissioner, [is] written below (presumably referring to the memorandum on f.181v-182r.)
f.180v-181r   [?1509]
Formulary for a recognisance A. B. C. of L. in the county of N., gentleman, and C. D. of R. in the county of E., gentleman, acknowledged that each of them owes to the king 100 marks, to be paid at the Purification of Mary next [2 February]. Unless they do [so], they conceded and each conceded for themselves, their heirs and executors that the said money may be raised for the king's use from their lands and chattels, into whosesoever hands they have come.
Witness: etc.
(with)
Memorandum that that recognisance is under the condition, namely, that if John Dalton', the nominated collector of the king's customs and subsidies in the port of Newcastle-upon-Tyne, was faithful to the king in his aforesaid office for as long as he remains in it, and if he did not import any merchandise or wares liable to custom from his own property into this realm of England at the said port or export [them] by way or pretext of trade, nor did he appoint any clerk or deputy under him who practises such occupation of trade in the said port in the aforesaid manner, and if the same collector did not hold any inns or taverns from his own [property] nor had any clerk or deputy holding or occupying such inns or tables (sic tabulas for tabernas), and the same collector made his cockets and certificates good and true, and took sufficient security from certain foreign merchants for committing sums of money received by them for their merchandise in this realm concerning the commmodity of the same realm, according to the form of the statute published in respect thereof to certain merchants who have imported their merchandise into this realm in galleys or carracks and also to certain Spanish merchants excepted from taking this security, and also if the said collector appears yearly, namely at Easter term, before the barons in the king's exchequer at Westminster and faithfully makes an inspection of the said customs and subsidies, and for all that which he should owe, namely, at Michaelmas [term] in any year for as long as he remains in the said office, makes satisfaction to the king or otherwise exonerates himself before him, and also if the same John yearly before the barons in the said exchequer, namely at Michaelmas term, appears to render a faithful account to the king for the said customs and subsidies, and for all that which should be owed to the king, yearly, namely, at Easter term in every year for as long has he continues (as was aforesaid) in the said office, makes satisfaction to the king or sufficiently exonerates himself before him, then the said recognisance should be considered null; otherwise, it should remain in force.
f.181r-v   3 December [?1509]
Language:   English
Letter (in subscription: by John Cutte, undertreasurer) (in superscription: to Thomas Castell', prior of Durham) stating that whereas the king has directed to him his writ of dedimus potestatem, commanding him to call before him John Dalton', named to be one of the king's customers in the port town of Newcastle[-upon-Tyne], and other persons with him to acknowledge before the prior a recognisance, according to the tenor of the writ and of a note enclosed therein, it is the king's pleasure that John Dalton and Ralph Euers, knight, and two other persons, each [either] of them having lands of the yearly value of £20 or 20 marks at least, be bound before him in recognisance accordingly, that is, each of them jointly and severally by themselves to the sum of 400 marks. John Cutte thus requests the prior to take the said bonds and certify the same according to the king's said commandment.
Date: Westminster, 3 December.
f.181v   [?1509 x 1510]
Grant by Thomas, prior of Durham, to Joan Marnduke (Marneduke in margin), widow, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which William Stere lately held when alive, for the term of her life. She is to have what any brother or sister thereof receives, provides she keeps all its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage again, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham.
f.181v-182r   22 March [1510]
Memorandum by Thomas, prior of Durham, that John Dalton' of the vill of Newcastle-upon-Tyne, gentleman, Ralph Euers, knight, William Eshe of Skerningham in the bishopric of Durham, gentleman, and Ralph Bransby of Kepwick in Yorks., gentleman, on 22 March 1 A. R. Henry VIII [1510] at Bearpark near Durham before the prior, the king's commissioner by virtue of his writ of dedimus potestatem, directed to the prior and sewn to this schedule, acknowledged that separately and together they owe 400 marks to the king, to be paid to him at the Purification of Mary next [2 February]. Unless they do [so], they concede and each for himself has separately conceded for themselves, their heirs and executors that that said money may be raised for the king's use from their lands and chattels, into whosesoever hands they have come etc.
(with)
Condition of the recognisance that if John Dalton', the nominated collector of the king's customs and subsidies in the port of Newcastle-upon-Tyne, was faithful to the king in his aforesaid office for as long as he remains in it, and if he did not import any merchandise or wares liable to custom from his own property into this realm of England at the said port or export [them] by way or pretext of trade, nor did he appoint any clerk or deputy under him who practises such occupation of trade in the said port in the aforesaid manner, and if the same collector did not hold any inns or taverns from his own [property] nor had any clerk or deputy holding or occupying such inns or taverns, and the same collector made his cockets and certificates good and true, and took sufficient security from certain foreign merchants for committing sums of money received by them for their merchandise in this realm concerning the commmodity of the same realm, according to the form of the statute published in respect thereof for certain merchants who have imported their merchandise into this realm in galleys or carracks and also for certain Spanish merchants excepted from taking this security, and also if the said collector appears yearly, namely at Easter term, before the barons in the king's exchequer at Westminster and faithfully makes an inspection of the said customs and subsidies, and for all that which he should owe, namely, at Michaelmas [term] in any year for as long as he remains in the said office, makes satisfaction to the king or otherwise exonerates himself before him, and also if the same John yearly before the barons in the said exchequer, namely at Michaelmas term, appears to render a faithful account to the king for the said customs and subsidies, and for all that which he should owe to the king, yearly, namely, at Easter term in every year for as long as he continues (as was aforesaid) in the said office, makes satisfaction to the king or sufficiently exonerates himself before him, then the said recognisance should be considered null; otherwise, it should remain in force.
Under the prior's seal and signed by him.
Date: “the day, place and year abovesaid”
(The final two lines appear to have been written over an erasure.)
f.182v-183r   [?22 March 1510]
Recognisance (incomplete, the beginning having been erased) to be paid to the king at the Purification of Mary next [2 February]. Unless they do [so], they concede and each for himself has separately conceded for themselves, their heirs and executors that that said money may be raised for the king's use from their lands and chattels, into whosesoever hands they have come etc.
(with)
Condition of the recognisance that if John Dalton', the nominated collector of the king's customs and subsidies in the port of Newcastle-upon-Tyne, was faithful to the king in his aforesaid office for as long as he remains in it, and if he did not import any merchandise or wares liable to custom from his own property into this realm of England at the said port or export [them] by way or pretext of trade, nor did he appoint any clerk or deputy under him who practises such occupation of trade in the said port in the aforesaid manner, and if the same collector did not hold any inns or taverns from his own [property] nor had any clerk or deputy holding or occupying such inns or tables (sic tabulas for tabernas), and the same collector made his cockets and certificates good and true, and took sufficient security from certain foreign merchants for committing sums of money received by them for their merchandise in this realm concerning the commmodity of the same realm, according to the form of the statute published in respect thereof for certain merchants who have imported their merchandise into this realm in galleys or carracks and also for certain Spanish merchants excepted from taking this security, and also if the said collector appears yearly, namely at Easter term, before the barons in the king's exchequer at Westminster and faithfully makes an inspection of the said customs and subsidies, and for all that which he should owe, namely, at Michaelmas [term] in any year for as long as he remains in the said office, makes satisfaction to the king or otherwise exonerates himself before him, and also if the same John yearly before the barons in the said exchequer, namely at Michaelmas term, appears to render a faithful account to the king for the said customs and subsidies, and for all that which he should owe to the king, yearly, namely, at Easter term in every year for as long as he continues (as was aforesaid) in the said office, makes satisfaction to the king or sufficiently exonerates himself before him, then the said recognisance should be considered null; otherwise, it should remain in force.
Under the prior's seal and signed by him.
Date: “the day, place and year abovesaid”
(In the margin on f.182v: “void”. )
f.183r   6 February 1510
Grant by Thomas, prior of Durham to Elizabeth, lately widow of John Baxter of the vill of Newcastle[-upon-Tyne,] merchant, of a corrody in the Maison de dieu which Agnes Fox lately held when alive, for the term of Elizabeth's life. She is to have what any brother or sister thereof, staying outside, receives, provided she keeps all its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or resort to marriage beyond the present one, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 6 February 1509/10.
f.183r-v   22 March [1510]
Memorandum by Thomas, prior of Durham, that Ralph Euere, knight, on 22 March 1 A. R. Henry VIII [1510] at Durham before the prior, the king's commissioner by virtue of his writ of dedimus potestatem directed to him, acknowledged that he owes to the king 400 marks, to be paid to him at the Purification of Mary next [2 February]. Unless he does [so], he conceded for himself, his heirs and executors that the said money may be raised for the king's use from his lands and chattels, into whosesoever hands they have come.
The condition of the recognisance is written word for word as in the condition of the recognisance immediately preceding.
(In the margin: “void”.)
f.183v   1 May 1510
Mandate [by Thomas, prior of Durham] (in margin: to Thomas Barns from the cell of Holy Island to the monastery of Durham), stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he provides him with transport and expenses.
Date: Durham, 1 May 1510.
f.183v-184r   7 May [1510]
Certification by Thomas, prior of Durham, to Robert, abbot of the monastery of St German of Selby of the Benedictine order, visitor of the abbots, priors, monasteries and other places of the order within York province, by authority of the provincial chapter thereof, last held at Coventry, or to his commissaries, one or many, having received on 24 April 1510 the following citation and mandate, informing him that he has obeyed his letters and mandates, and on their authority has caused to be forewarned and cited all his fellow monks who should be present by right or custom to appear on the day and place appointed and contained in his letters. He has caused their names to be written in a schedule appended hereto, and has executed all else incumbent upon his office in this regard.
Date: Durham, 7 May “in the abovesaid year”.
   14 April 1510
Citation and mandate by Robert, abbot of the monastery of St German of Selby of the Benedictine order, York diocese, specially deputed by the presidents of the provincial chapter of black monks in England, last held at Coventry, to visit all and sundry places, abbots, priors and other persons of the order within York province, to the prior and convent of Durham. Since he intends by himself or through his commissaries to visit them in their chapter house on Monday, 13 May next, he commands and cites all of them to appear in person on the said day in the chapter house at the capitular hour before him or his commissaries. He commands the prior to forewarn and cite, or cause to be forewarned and cited, all his fellow monks, both present and absent, who should be present by right or custom, to appear with him on the said day and place. By sealed letters patent reciting the contents hereof, he is to certify him on the said day and place as to what he has done in the aforementioned, along with the names in writing of all his fellow monks, present and absent, as aforementioned.
Date: in the chapter house at Selby, 14 April 1510.
f.184r-v   [?1510]
Language:   English
Oath to be taken by the king's customer that he shall swear that he will abide continuously in the port of Newcastle-upon-Tyne and will oversee the charge of wool, wool-fell, all other merchandise and things liable to custom, and the number of the sacks in the said ports, and, insofar as he can, will not allow the king to incur hurt or loss there and will render true account thereof and be answerable for the issues of the customs without deceit.
f.184v    27 February [1510]
Writ of dedimus potestatem by Henry [VIII], king of England (etc.) to the prior of Durham and John Rakett, esquire, to receive the oath (the preceding document) of John Harbotell', one of the king's customers in the port of the vill of Newcastle-upon-Tyne and in sundry [places] and harbours adjacent thereto, concerning the faithful performance of his office, in accordance with the form of a certain schedule enclosed in the presents, and [to receive] the recognisances of John Fenwike, Richard Alder, John Harbotell' of Preston [Northumb.] and John Hebburn' who each, under penalty of £400 to be levied for the king's use from their lands and chattels, wished to stand surety for the aforesaid John that he render annually to the king at his exchequer the customs due in the aforesaid port, places and harbours, in accordance with the tenor of the king's letters patent, drawn up in respect thereof for him. The king therefore commands them to receive the oath and recognisances and, when they have done so, to deliver to John the king's letters patent (which the king sends to them by the bearer of the presents) concerning that office, as is aforementioned. Returning this writ to the king, they are without delay to inform him, under their seals, in his chancery about that oath and their every action in this regard.
Witness: the king.
Date: Westminster, 27 February 1 A. R. [Henry VIII].
f.184v   20 April [1510]
Memorandum [by Thomas, prior of Durham ?and (as below) John Rakett] that, by virtue of this writ directed to them and in accordance with the form of a certain schedule enclosed therein and sent to them (which they return with the writ) on 20 April 1 A. R. Henry VIII within the monastery of Durham at Durham they received the oath of John Herbottel', one of the king's customers within the port of the vill of Newcastle-upon-Tyne and in sundry places and harbours adjacent thereto, in accordance with the form of the schedule, and word for word, as the same schedule requires.
f. 184v-185r   20 April [1510]
Memorandum [by Thomas, prior of Durham, and John Rakett] that John Fenwyk of ?Ryal ( Ryhall), Northumb., gentleman, John Herbottel' of Preston in the same county, gentleman, Richard Alder of Alnwick in the same county, gentleman, and John Hebbarne of Hardwick, co. Durham, gentleman, on 20 April 1 A. R. Henry VIII at Durham before the prior and John Rakett, the king's commissioners by virtue of his writ of dedimus potestatem, directed to them and sewn to this schedule, acknowledged that they owe £400 to him, to be paid to him at Pentecost next. Unless they do [so], they concede and each for himself has conceded for themselves, their heirs and executors that the said money may be raised for the king's use from their lands and chattels, into whosesoever hands they have come etc.
(with)
Condition of that recognisance that if John Herbottel', one of the king's customers in the port of the vill of Newcastle-upon-Tyne and in the sundry places and harbours adjacent thereto, annually pays to the king the customs there due to him at the exchequer at Westminster, and there annually renders faithful account to him, in accordance with the tenor of his letters patent composed thereupon for the same John concerning that office, then the present recognisance should be considered null; otherwise it should remain in force.
Under the seals of the prior and John Rakett, the king's commissioners, and signed by them on the aforesaid day, place and year.
f.185r   31 May 1510
Mandate [by Thomas, prior of Durham] (in margin: to Richard Wolfe) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he wills him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he provides him with transport and expenses.
Date: Durham, 31 May 1510.
f.185r   1 June 1510
Mandate [by Thomas, prior of Durham] (in margin: to William Bukley) stating that since he resolved that he should be sent from the monastery of Durham to the cell of Holy Island, he wills him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 1 June 1510.
f.185v   1 June 1510
Mandate [by Thomas, prior of Durham] (in margin: to William Elvett) stating that since he resolved that he should be sent from the monastery of Durham to the cell of Lytham, he wills him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Lytham so that he receives him benevolently.
Date: Durham, 1 June 1510.
f.185v   14 July [?1510]
Language:   English
Letter [?by the king] [?to the prior of Durham] stating that whereas a person having a benefice in his patronage in Lincolnshire near to Kirkstead is content to leave and resign it to the use of the abbot of Kirkstead aforesaid, who wishes to have it more for the good air there than for any profit or covetous mind that he bears, considering that he is sickly and diseased because of the corrupt and unclean air about his monastery, hearing that he is patron of the said benefice, he desires him to grant his presentation of the benefice to the abbot upon the due and lawful resignation which is to be had in that regard. He shall be glad to do anything, when he can, for the prior's pleasure or the profit of his place.
Date: the castle at Windsor, 14 July.
f.185v   4 October [?1510]
Language:   English
Letter (in subscription: John Seyndre) (to “my singuler good lorde” [?the prior of Durham]) thanking him for manifold benefits and especially for his grant of the next advowson of his benefice of Kirkby on Bain, Lincs., which is now vacant by the resignation of the last incumbent there, as he is lately informed. He beseeches him to present his dear friend, John Rawlynson, priest, to this, which would bind him to his lord as if his own beloved son were so presented, as the bearer can further instruct him, to whom he beseeches him to give credence, with his special thanks to all his masters, his lord's brothers, for whom he and his son will pray.
Date: Gotham [Lincs.], 4 October.
For the presentation, dated 7 November 1510, of John Rawlynson, abbot of Kirkstead, to Kirkby on Bain, see DCD Reg. V, f.130v.
f.186r   30 November 1510
Mandate [by Thomas, prior of Durham] (in margin: to Edmund More) stating that since he resolved that he should be sent from his present place to the cell of Finchale, he wills him to go and remain {there} until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 30 November 1510.
f.186r   1 December 1510
Mandate [by Thomas, prior of Durham] (in margin: to William Wermouth') stating that since he resolved that he should be removed from the monastery of Durham, where he presently is, to the cell of Finchale, he wills him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 1 December 1510.
f.186r   12 November 1510
Appointment by Thomas, prior of Durham, of the noble man, (in margin: Mr) William Percy, brother of Henry, earl of Northumberland, as steward of the vill of Yokefleet [E. R. Yorks.] with its appurtenances, provided he duly carries out the said office and those [duties] incumbent on it, as should be done for the advantage and honour of the prior and church of Durham. He is to receive the due and customary fees. The prior commands his officials and tenants there whom this concerns to obey William and his deputy as steward in all pertaining to the office.
Date: Durham, 12 November 1510.
Printed in: [J. Raine, ed.], The Priory of Finchale, (Surtees Society 6, 1837), p.53.
f.186r-v   5 January 1511
Collation by Thomas, prior of Durham, to Robert Hobson', chaplain, of the rectory of the parish church or free chapel of Muggleswick, as its tithe incomes are now insufficient to support a chaplain, he wills him: to receive, as his predecessors did, two marks yearly by the hand of the then bursar of Durham and one quarter of wheat from the prior's granary; and to have pasture for one horse and four cows with their offspring of one year; and that by the assignment of the reeve he may for the support of the said horse and cows mow one or two cartloads of hay in the places left after the prior's meadows have been mown.
Date: Durham, 5 January 1510/11.
f. 186v   6 January 1511
Grant by Thomas, prior of Durham, to Joanna Barne, widow, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Joanna Hawson' lately held when alive, for the term of Joanna Barne's life. She is to receive what any brother or sister, staying outside the infirmary, receives, provided she keeps all its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or resort to marriage, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 6 January 1510/11.
f.187r   6 January 1511
Memorandum that on 6 January 1510/11 a corrody was granted to John Wynter in the infirmary outside the abbey gate, Durham, which George Smyrthwayt held, for the term of John's life. He is [to have] what any brother staying outside [receives], to keep the statutes and to do the other things etc., as above. He had a letter thereupon in the common form.
f.187r   1510
Appointment by Thomas, prior of Durham, of his fellow monk, Edmund More, as cellarer of Finchale under the prior thereof, until the prior of Durham revokes the presents, provided he makes a faithful account of all receipts and expenses to the prior and monks there every month. He is to show the presents to the prior there so that he admits him benevolently to the said office.
Date: Durham (day and month blank) 1510.
f. 187r-v   6 January 1511
Commission by Thomas, bishop of Durham, to Thomas, prior of Durham, stating that since for certain difficult and legitimate causes it is necessary for him to be away from his city and diocese of Durham for some time and to act in distant [parts], he appoints him in his absence as vicar general in spiritualities, committing to him all and sundry known to pertain from custom or right to the office of vicar, and especially the authority: to make enquiry into, correct and punish the transgressions of any subjects; if right requires, to remove from the benefices (etc.) those holding benefices, administrations and ecclesiastical offices in the said city and diocese and in any jurisdictions immediately subject to the bishop by reason of his episcopacy by lawfully made exchanges of ecclesiastical benefices of those curates and non-curates, whose collation, presentation or nomination does not belong to him, even if they were dignities of his aforesaid city, diocese and jurisdictions, mutually among themselves or with others of a foreign jurisdiction, and to agree to them; to admit the resignations of such benefices to be made in that regard, to determine and approve the causes of such exchanges and to authorise and expedite them; to admit those thus wishing to exchange to be transferred to the said benefices of his city (etc.) and those who have been presented de iure, and to admit those who are to be instituted to such churches and benefices to which they have been presented and to institute them canonically therein and induct or cause them to be inducted into the corporal possession thereof and to commit the business of such exchanges to another or others, to appoint penitiaries even in cases specially reserved to him by right, to grant letters dimissory there and to summon any Catholic bishops, having a grace of the apostolic see, to celebrate orders in his said city (etc.); to take cognisance from right or custom in all and sundry ecclesiastical causes and matters which ex officio or at the instance of a party ought to be heard or examined in his court at Durham or before him and to determine and conclude them with any [matters] arising; and to do and carry out all else which is necessary or opportune regarding the aforementioned, even if it requires a special mandate, until the bishop revokes his authority.
Date: 6 January 1510/11.
f.187v-188r   14 October 1489
Inhibition by John, bishop of Durham, to all and sundry rectors, vicars and curates of churches and chapels throughout the city and diocese of Durham, stating that he has newly heard by public report and often ponders by eye-witness testimony that several artificers, workers and especially cobblers, subject to his jurisdiction, on Sundays and feastdays are unafraid to hold public markets in churchyards and other places nearby, put up for sale their goods and wares and sell them to others, even at times of divine [offices], prohibited to them by law, manifestly violating their Saturdays (which according to God's precept they ought to revere) to the grave danger of their souls, offence to God and transgression of His law. Unwilling for such a damnable deed to prevail among his subjects to their destruction, rather, wishing to curtail it for the salvation of their souls, he enjoins all merchants and especially cobblers and other artificers of Durham city and diocese to desist from such buying and selling and other illicit works on Saturdays and feastdays, {especially Good Friday}, to observe divine offices and be zealous in celebrating Saturdays with devout prayers, under penalty of law and even of the loss of 6s 8d, whenever it is to be levied from anyone henceforth transgressing and applied to his alms. He therefore commands all and sundry aforesaid curates, in virtue of the obedience [owing to him] and under penalty of contempt, to take care to expound publicly in their churches to the people these letters or the present decree. They are to cite violators and gainsayers of Saturdays, if they know or find any blameworthy, to appear before him or his commissary on any day to be appointed at their discretion, to declare reasonable cause, if any, why they should not be declared excommunicated, and to receive what is just in that regard. They are duly to certify him as to how they have executed the presents and he who executed the present mandate is to certify [him].
Date: in his manor or castle of Bishop Auckland, 14 October 1489.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.ccclxxvii-ccclxxviii.
f.188r   14 November 1510
Grant by Thomas, prior of Durham, to Joan Stanper [?Stauper], wife of George Stanper of the vill of Newcastle-upon-Tyne, merchant, and to Nicholas Stanper, Joan and George's natural son, with the consent and will of his fellow monks, of a corrody in the hospital of St Mary Magdalene near the hospital of Kepier, which Roger Laveroke lately held when alive, to be held by them or the survivor of them, for the term of their lives. They are to receive what any brother or sister, staying outside, receives, provided they keep all its statutes (etc.). If they should not carry out the statutes (etc.), commit fornication or adultery, or resort to another marriage beyond the present one, without having sought and obtained licence from the prior or his successors, he wills that they be deprived of all the aforementioned in perpetuity.
Date: Durham, 14 November 1510.
(Both the marginal caption and the table of contents, f.ivr, state that the corrody was granted to Joan and George Stanper.)
f.188v   27 April 1511
Commission by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire and within the bounds of the parish of the collegiate church of Hemingbrough, York diocese, to Mr John Withers, M.A., canon and prebendary of the collegiate church of Howden, York diocese, appointing him keeper of the jurisdiction of the spirituality and all its parishioners; and committing to him authority: to act in various probate matters, detailed; to take cognisance of, proceed and determine in causes relating to marriages and their dissolution, and any other suits or controversies moved or to be moved, both ex officio and at the instance of a party, and known to pertain to him from custom, right or privilege by reason of this jurisdiction; to make inquiry into faults or offences to persons and property there and to punish and reform them; and to induct those henceforth lawfully presented and admitted into the corporal possession of any benefices within the jurisdiction or spirituality; and to do and carry out all else necessary or opportune with regard to the aforementioned. The presents are to last at the prior's pleasure.
Date: Durham, 27 April 1511.
f.188v   30 June 1511
Mandate [by Thomas, prior of Durham] (in margin: to John Castell' from Holy Island to the monastery [of Durham]) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he wills him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he provides him with transport and expenses.
Date: Durham, 30 June 1511.
f.188v   June 1511
Mandate [by Thomas, prior of Durham] (in margin: to Edmund More) stating that since he resolved that he should be removed from his present place to the monastery of Durham, he wills him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Finchale so that he provides him with transport and expenses and to the prior of Holy Island so that he receives him benevolently.
Date: Durham, (blank) June 1511.
f.188v   30 June 1511
Mandate [by Thomas, prior of Durham] (in margin: to Richard Wolf) stating that since he resolved that he should be sent from the monastery of Durham to the cell of Finchale, he wills him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 30 June 1511.
f.189r   12 June 1511
Appointment by Thomas, prior of Durham, of Richard Wolfe as cellarer of Finchale under the prior thereof, until the prior of Durham revokes the presents, provided he makes a faithful account of all receipts and expenses to the prior and monks there every month. He is to show the presents to the prior there so that he admits him benevolently to the said office.
Date: Durham, 12 June 1511.
f.189r   16 June 1511
Letters dimissory by Thomas, prior of Durham, vicar general of Thomas, bishop of Durham, to his fellow monk, Thomas Bailye, professed in the Benedictine order in the church of Durham, observing a regular life therein, suitable in birth, manners and knowledge, granting faculty that he may lawfully be promoted to the order of priest, which he has not yet attained, by any bishop, holding a grace from the apostolic see, notwithstanding that he originated in Durham diocese and is a professed monk in the church of Durham, observing a regular life therein, provided that another canon does not stand in the way.
Under the seal which he employs in this office.
Date: Durham, 16 June 1511.
f.189r   14 June [?1511]
Language:   English
Letter [by the king] (in margin: to the prior and convent of Durham) stating that whereas they are informed that the gift of the master and provost of the college of Hemingbrough within York diocese of his foundation pertains to them, his servant, Christopher Willughby, squire of the body, desires to have the next vacancy thereof for a friend of his, a right virtuous and well-learned man, as he has affirmed to [the king]. Considering the aforementioned, with Christopher's true and faithful service, he desires them to grant to his servant by their sufficient writing under the convent seal the next vacancy of the said master or provost with all rights due thereto.
Under his signet.
Date: his manor of Eltham, 14 June.
Printed in T. Burton, The History and Antiquities of the Parish of Hemingbrough, ed. J. Raine (York 1888), p.380.
f.189v   4 July [?1511]
Language:   English
Letter (in the margin and subscription: by Thomas, prior of Durham) (in the margin and superscription: to Mr Christopher Willughby, esquire) stating that the king has written to him for the next vacancy of the provostship of Hemingbrough for a right virtuous and well learned friend of Christopher's, to be had under their common seal. To make any such grant under their common seal with the incumbent alive (as the prior is as yet unaware of the contrary) is not only against the law but the old custom of their monastery, that is, their common seal twice forth concerning one promotion. At such time as he knows that the said provostship is really vacant, either by death or resignation, Christopher shall at the instance of the king have such an answer that the prior does not doubt he will be content. So that this grant to him shall not be forgotten, the prior has caused the king's letter and his own letter and promise to be registered with them, and for further surety herein, whensoever Christopher shall perhaps know of the vacancy, he should send this same letter of the prior again and he will immediately after have his desire. The prior thus beseeches him to be content for this time.
Date: Durham, 4 July.
Printed in T. Burton, The History and Antiquities of the Parish of Hemingbrough, ed. J. Raine (York 1888), p.380-381.
f.189v   31 July 1511
Mandate [by Thomas, prior of Durham] (in margin: to Ro[bert] Todd') stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Wearmouth, he wills him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 31 July 1511.
f.189v-190r   26 June [?1511]
Language:   English
Letter (in margin and subscription: John Stakhous of Cottingham [E. R. Yorks.) (in margin: to the prior (of Durham)) stating that whereas it has pleased [the prior] to recall the contents of a letter which the king's grandmother (God have mercy on her soul) sent to the prior for him for a farmhold called ?Hunsley [E. R. Yorks] (Honsley or Housley), he understands [the prior] would have been a good lord to him in the preferment thereof, for which he thanks him. He understands that [the earl] of Northumberland has written to him, desiring his good will thereof for one of his own servants. Nothwithstanding his promise, if there were any such which [the prior] made to her or any other person for him, he is content for [the prior] to satisfy [the earl] of Northumberland in that matter or any other.
Date: Cottingham, 26 June.
Present at the sealing hereof: Thomas Kelke, gentleman, William Clerke, priest, Robert Walker, priest, [and] Edward Baxter, priest.
f.190r   4 October [?1511]
Language:   English
Letter (in subscription: by Thomas, prior of Durham) (in margin and superscription: to the king [Henry VIII]) stating that he has received his letters concerning the promotion of Mr Robert Marshall' to the provostship of Hemingbrough, notwithstanding any motion, labour or writing made to him for any other person, according to the tenor of the king's letter. The prior and his fellow monks are entirely glad to fulfull his desire but beseech him for pardon from giving forth any writing thereof under their common seal until such time as the provostship is really vacant, either by death or lawful resignation, since it is against the custom of the monastery to do so with the incumbent alive. As soon as it becomes lawfully vacant and Mr Marshall brings this writing from the king, which will be as sure to him as if he had their convent seal, then, once the letter has been seen, Mr Marshall will immediately have the collation of the provostship.
Date: Durham, 4 October.
f.190r-v   20 September 1511
Licence and appointment by Thomas, prior of Durham, to his fellow monks, Edward Hyemars and Christopher Willy, granting licence to hear each other's confessions and those of their fellow monks and other religious in [Durham] College Oxford and to absolve them, with the absolving of grave faults reserved to the prior or his deputy; and appointing them receivers and bursars of the college, and committing to them the disposition of its goods with the consent of the warden, with account rendered to the prior of receipts and expenses with the warden. They are to labour personally at the common expense in the affairs of the college, when necessary, according to the deliberation of the warden and fellows.
Date: Durham, 20 September 1511.
f.190v   20 September [1511]
Appointment by Thomas, prior of Durham, of his fellow monk, Hugh Whiethed, as prior or warden of [Durham] College Oxford, with authority to govern the college with all and sundry pertaining to it, both within and without, to regulate his fellow monks and other secular scholars, and to correct the latter and, if required, to expel them at his discretion with the advice of his fellow monks studying there; and commanding all the monks and scholars thereof to obey him as prior or warden in all the aforementioned pertaining to them.
Date: Durham, 20 September “in the abovesaid year”.
f.190v   21 November 1511
Grant by Thomas, prior of Durham, to John Floraunce and Matilda, his wife, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Robert Hogeson' lately held when alive, for the term of their lives or that of the survivor of them. They are to have what any brother or sister thereof, staying outside, receives, provided they keep all its statutes (etc.) If they should not keep the statutes (etc.), commit fornication or adultery, or resort to another marriage beyond the present one, he wills that they be deprived of all the aforementioned in perpetuity.
Date: Durham, 21 November 1511.
f.191r   1 December 1511
Mandate [by Thomas, prior of Durham] (in margin: to Thomas Carr') stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Finchale, he wills him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 1 December (both supplied later in blanks left) 1511.
f.191r   1 December 1511
Mandate [by Thomas, prior of Durham] (in margin: to Thomas Yonge) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Finchale, he wills him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 1 December (both supplied later in blanks left) 1511.
f.191r   1 April 1512
Appointment of his fellow monk, William Wermouth, as cellarer of Finchale under the prior thereof, until the prior revokes the presents, provided he makes a faithful account of all receipts and expenses to the prior and monks there every month; He is to show the presents to the prior there so that he admits him benevolently to the said office.
Date: Durham, 1 April 1512.
f.191r-192r   23 March 1512
Commission by Thomas, bishop of Durham, to the prior of Durham having received on 18 March {inst.} the following citation, on the authority of which, he cites the prior and commands him to cite his chapter to appear (the prior in person and them by a proctor) before John Withers, or his lieutenant or the archbishop's commissaries on the day and place contained in the letters, to do what the tenor of the king's writ requires. He makes known to him that John Withers does not intend to consider him excused from appearing personally in convocation but intends to punish his contumacy if he is absent. By letters patent reciting the contents hereof, he is to take care to certify him or his vicar general or commissary before 23 April next as to what he has done in the aforementioned.
Date: 23 March 1511/12.
   4 January 1512
Citation by John Withers, M.A., canon of St Paul's, London, and Salisbury, vicar general of Christopher, cardinal (etc.), archbishop of York (etc.), and keeper of the spirituality of the archbishopric of York, to Thomas, suffragan bishop of Durham, or to his vicar general, having lately received, directed to him, the following writ.
By virtue of the authority specially committed to him, he cites {him} and commands him to cite the prior and chapter of Durham, and all and sundry abbots (etc., as above), with the said abbots, priors, archdeacons and deacons in person, [and] the convents, chapters, colleges and clergy by their individual proctors, the clergy of any archdeaconry and jurisdiction by two proctors, deputed by the convents, chapters, colleges and clergy, to appear in York minster on Monday, 26 April next, before him or his lieutenant or the archbishop's commissaries, one or many, deputed by him, to treat concerning these matters which should be set out there [touching] the king, the peace, the public good and defence of the English realm and its subjects, and the state, honour and advantage of the church, city, diocese and province of York, along with him or his lieutenants or other commissaries of the archbishop and other prelates of the said city (etc.) and to weigh their sound advice, and to agree to these matters which should be ordered there. He makes known to him and commands him to make known to every abbot, prior, archdeacon, dean and others of his city and diocese that he does not intend to consider him or them excused from appearing personally in such convocation on the said day and place, but will punish their contumacy if they are absent.
By letters patent reciting the contents hereof and (in a certain schedule attached thereto) the names of all those cited of the said city and diocese, he is duly to certify him or his lieutenant or such commissaries on the said day and place of the receipt of the presents and what he has done in the aforementioned.
Under the seal of his office.
Date: 4 January 1511/12.
   28 November [1511]
Writ by Henry [VIII], king of England (etc.), to the keeper of the spirituality of the archbishopric of York, for certain difficult and urgent matters concerning the king, the security and defence of the English church and the peace, public good and defence of his realm and subjects, he commands him to cause all the bishops of his province, the deans and priors of cathedral churches, the abbots and priors and other elect, exempt and non-exempt, and also the archdeacons, chapters, convents, colleges and the entire clergy of any diocese of the province to be summoned to appear with suitable speed before the keeper in York minster or elsewhere, as seems right, to treat and come to an agreement concerning the aforementioned and other matters which should then be more clearly set out to them there. He should not disregard this.
Witness: the king.
Date: at Westminster, 28 November 3 A. R. Henry [VIII].
f.192r   30 April 1512
Mandate [by Thomas, prior of Durham] (in margin: to Robert Standrop) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he wills him to go and remain there until he has a further mandate from the prior. He is to {show} the presents to the master of Farne Island so that he provides him with transport and expenses.
Date: Durham, 30 April 1512.
f.192r   30 April 1512
Mandate [by Thomas, prior of Durham] (in margin: to William Hertilpole) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Farne Island, he wills him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 30 April 1512.
f.192v   31 May 1512
Mandate [by Thomas, prior of Durham] to “his beloved son” stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Lytham, he wills him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 31 May 1512.
f.192v   29 May 1512
Collation by Robert Herington, almoner of Durham, to (written over an erasure) Thomas Benett, chaplain, of the chantry at the altar of St Mary the virgin in the church of Durham St Nicholas, vacant by the promotion of John Tailyour, last priest thereof, and pertaining to the collation of the then almoner of Durham, with the consent of the rector of St Nicholas, along with the advice and provision of four trustworthy men of the parish, provided he celebrate divine [services] at the altar for the soul of Reginald called merchant, one time burgess of Durham, and for the souls of Billa, his one time wife, and of all the faithfully departed, and he duly supports the said chantry and all the rights thereof.
Under the seal of the officiality of the archidiaconal jurisdiction of the prior of Durham, archdeacon in the churches and chapels appropriated to him and his chapter, along with the impression of Robert's signet on the dorse of the same seal.
Date: Durham, 29 May 1512.
f.192v-193r   April 1512
Proxy by Thomas, prior of Durham, to all and sundry fathers of the order of black monks [attending] the provincial chapter thereof to be held by apostolic authority on Monday next before the translation of Thomas the martyr, namely 2 July (in 1512 the Monday before St Thomas was 5 not 2 July), at Coventry, appointing his fellow monks, Hugh Whiethede, B.Th., warden of [Durham] College Oxford, and Edward Hyemars, scholar thereof, as his proctors; and granting to them full authority and special mandate: to appear before the said fathers on the day and place appointed above, to excuse and give the causes of the prior's absence and to swear an oath in that regard; to treat and come to an agreement concerning all and sundry articles proposed by them or the other prelates there present for the honour of the order; to agree to all and sundry which shall be decreed in the chapter by the common counsel of all and sundry present; and to do all else necessary or appropriate for the aforementioned and known to pertain by right or custom to the office of proctor, even if it requires a special mandate; since he is prevented from attending in person by such difficult and urgent business [touching] the state and advantage of the monastery of Durham (whose rule he has).
Date: Durham, (blank) April 1512.
f.193r   21 July 1512
Grant by Thomas, prior of Durham to Isabel Thomson, widow, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Joan Wrangham, {widow} of Christopher Wrangham, lately held when alive, for the term of Isabel's life, provided she keeps all its statutes (etc.); if she should not carry out the statutes (etc.), commit fornication or adultery, or resort to another marriage beyond the present one, without having sought and obtained licence from the prior or his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 21 July 1512.
f.193r   1 August 1512
Memorandum that on 1 August 1512 a letter of removal was issued for Robert Standrop' from the monastery of Durham to the cell of Finchale under the common form. On the said day and year another letter of removal [was issued] for James Dukett from the cell of Finchale to the monastery of Durham under the same form.
f.193v   3 August 1512
Grant by Thomas, prior of Durham, to Richard Robynson and Marion, his wife, with the consent and will of his fellow monks, of a corrody in the Maison [de] dieu which Hugh Holand lately held, for the term of their lives or that of the survivor of them. They are to have what any brother or sister [thereof] receives, provided they [keep] all its statutes, etc. as in the common form.
Date: 3 August 1512.
f.193v   20 August [1512]
Grant by Thomas, prior of Durham, to Edward Willy and Margaret, his wife, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which John Wynter lately held when alive, for the term of their lives and that of the survivor of them. They are to have what any brother or sister thereof, staying outside, receives, provided they [keep] its statutes, etc., as in the common form.
Date: Durham, 20 August “in the abovesaid year”.
f.193v   28 August 1512
Collation by Thomas, prior of Durham, to Christopher Heryson', chaplain, of the rectory of the parish church or free chapel of Muggleswick as its tithe incomes are now insufficient to support a chaplain, he wills him to receive, as his predecessors did, etc., as in the form of the same collation immediately preceding.
Date: “etc.”, 28 August 1512.
f.193v   4 September 1512
Memorandum that a corrody called the Maison de dieu was granted to John Browne and Agnes, his wife, which John Wynter lately held when alive.
Date: 4 September 1512.
f.194r   31 October 1512
Memorandum that on 31 October 1512 a letter of removal was issued for William Bukeley from the cell of Holy Island to the cell of Finchale under the common form. On the said day and year another letter [was issued to remove] Thomas {Carr} from the cell of Finchale to the monastery of Durham under the same form.
f.194r-v   28 March 1513
Certification by Thomas, prior of Durham, to Richard, abbot of the monastery of Winchcombe, Worcester diocese, of the Benedictine order, by authority of the provincial chapter thereof, last held at London, deputed visitor of the abbots, priors, monasteries and other places of the same order within the realm of England, or to his commissaries, one or many, having received on 24 March the following citation. On the authority of this, he has forewarned and cited all his fellow monks who are accustomed to be or should be present in person at his visitation, whose names are supplied in the schedule appended to his certification, to appear on 31 March and other days following to which prorogation has been made in the chapter house before him or his commissaries. He intends to appear before him or his commissaries, as aforementioned, on the same day and place, and has thus executed his mandate.
Date: Durham, 28 March 1513.
Printed: Chapters of the English Black Monks III, ed W.A. Pantin (Camden 3rd Series vol.liv, 1937), p.234-235.
   21 March 1513
Citation and mandate by Richard, minister of the monastery of Winchcombe, deputed by the two presidents in the last provincial chapter held at London to visit several monasteries of the order within the realm of England, to the prior and convent of Durham. Since by reason of the abovesaid office it is incumbent on him to inquire into the state of the said monasteries and regular observance therein, and duly to correct and reform those matters needing correction or reformation, and to carry out all and sundry pertaining to the office of visitation from right or custom, he has taken care to inform them and wishes them forewarned that he has determined, by himself or through his commissaries, to visit them and their monastery on 31 March next in the chapter house at the usual capitular hour. He therefore forewarns the prior and commands him to forewarn all his fellow monks of the monastery, both present and absent, to be present and appear before him or, as he said before, his commissaries, on the said day, place and suitable hour. By letters patent reciting the contents hereof and (in a schedule separately written and appended to his letters of certification) the names of all his fellow monks, he is to take care to certify him or his commissaries on the aforesaid day and place of the receipt of the presents and as to what he has done or determined to do in the aforementioned.
Date: Selby, 21 March 1512/13.
f.194v   18 April 1513
Collation by Thomas, prior of Durham, to Henry Tailboys, priest, B.A., of the chantry of St Mary the Virgin in the church of Dinsdale, vacant by the death of Thomas Dawson', last chaplain thereof, willing him to receive for his support four marks yearly from the bursar of Durham; in the event that an increase should otherwise be provided for him from some other suitable portion in support of his provisions and the chantry, the prior wills and dispenses him to receive that [which is] to be possessed in perpetuity. He enjoins him to be present and minister in the divine offices to be celebrated in the church, at the prior's pleasure and as enjoined upon him by the prior and his successors.
Date: Durham, 18 April 1513.
f.195r   30 April 1513
Mandate [by Thomas, prior of Durham] (in margin: to Edmund More) stating that since he resolved that he should be removed from his present place to the cell of Farne Island, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Finchale so that he provides him with transport and expenses, and to the master of Farne Island so that he receives him benevolently.
Date: Durham, 30 April 1513.
f.195r   [30 April 1513]
Memorandum that three letters of removal, one for removing James Dukett from the monastery (of Durham) to the cell of Finchale, the second for Robert Standrop' from the cell of Finchale to the monastery, and the third for William Hartilpole from the cell of Farne Island to the monastery, were issued under the common form and under the date of the immediately preceding removal.
f.195r   3 May [1513]
Memorandum that two letters of removal, one for removing John Gresden' from the monastery [of Durham] to the cell of Finchale and the other for Thomas Carr' from the monastery to the cell of Farne Island were issued under the common form, dated 3 May in the abovesaid year.
f.195r   3 May [1513]
Memorandum that on 3 May in the abovesaid year three letters of removal were issued, one for sending Thomas Howburne from the monastery [of Durham] to the cell of Finchale, the second for Thomas Clyff from the monastery to the cell of Wearmouth, and the third (third name omitted) from the monastery to the cell of Jarrow, under the common form, dated 3 May, as above.
f.195r   31 May [1513]
Memorandum that two letters of removal {were issued}, one for removing Henry Beyke from the monastery [of Durham] to the cell of Wearmouth and the second for Robert Todd from the cell of Wearmouth to the monastery, under the common form, dated 31 May in the abovesaid year.
f.195r   31 May 1513
Appointment by Thomas, prior of Durham, of his fellow monk, Richard Eveynwode, as master of the cell of Wearmouth, committing to him its care and administration until he has a further mandate from the prior; and commanding all whom this concerns to be answerable to him as master thereof in all and sundry pertaining to the cell. He is to render annually to the prior a faithful account of all receipts and expenses.
Date: Durham, 31 May 1513.
f.195r   10 February 1515
Memorandum that a corrody, lately Agnes Thomson's, {in the house of God} [the Maison de dieu], was granted to Agnes Jakeson, dated 10 February 1514/15.
f.195v   31 May 1513
Memorandum that on 31 May the appointment of Thomas Barns, to be admitted as master of Farne Island, was issued under the common form in 1513.
f.195v   16 July 1513
Language:   English
Indenture between Thomas, prior of Durham, and Mr William Hilton, esquire (described in the margin as the baron of Hilton), that Mr William has borrowed from the prior, Dr Caly, subprior, Dr Swlwell (sic), terrar, and Robert Strother, bursar, in the name of the whole convent of Durham, a banner [and] a standard with the coatarmour of the full arms of the Hiltons (which was William Hilton's, knight, late father of the said Mr William Hilton) which Mr William has promised by the presents to deliver and restore to the monastery, his business at the making of the presents being conveniently done.
In witness whereof the prior and Mr William have set their signets interchangeably hereto.
Date: 16 July 1513.
f.195v   17 April 1514
Grant by Thomas, prior of Durham, to Agnes, widow of James Nicolson, and Agnes, their daughter, with the consent and will of his fellow monks, of a corrody in (written over an erasure) the Maison de dieu which the said James lately held when alive, for the term of their lives and that of the survivor of them. They are to have what any brother or sister thereof, staying outside, receives, provided they keep all its statutes, etc, as in the common form.
Date: 17 April 1514.
f.195v
Note of sanctuary granted to a certain John Apilton, as evident on the ninth folio following [f.204v].
f.196r   31 May 1514
Appointment by Thomas, prior of Durham, of his fellow monk, John Halywell', as master or keeper of the cell of Farne Island, committing to him its care and administration until he has a further mandate from the prior; and commanding all whom this concerns to be answerable to him as master or keeper thereof in all and sundry pertaining to the cell. He is to render annually to the prior a faithful account of all receipts and expenses.
Date: Durham, 31 May 1514.
f.196r   1 August [1514]
Memorandum that on 1 August 1504 (?a mistake for 1514) six letters of removal were issued, namely, for Thomas Holburne from the cell of Finchale to the cell of Lytham, for John Bulye from the cell of Finchale to the cell of Lytham, for William Elvet from the cell of Lytham to the monastery [of Durham], for John Babyngton' from the cell of Lytham to the cell of Finchale, for Henry Strother from the monastery to the cell of Farne Island and for William Kendale from the cell of Farne Island to the cell of Finchale, under the common form.
f.196r   3 September 1514
Mandate by Thomas, prior of Durham [to the warden of [Durham] College Oxford] stating that since for certain legitimate causes he has resolved that William Jacson', son of John Jacson', lately of Stainton, Durham diocese, literatus, should be admitted as a scholar of [Durham] College Oxford, (whose rule [the warden] has at present), provided he is found suitable after examination by [the warden], he commands him to receive William, once he is found suitable and when he should come in person to him and the college, as scholar thereof to some place presently vacant in the college, having first taken a bodily oath.
Date: Durham, 3 September 1514.
f.196v   3 September 1514
Licence and appointment by Thomas, prior of Durham, to his fellow monks, William Pykering and Peter Lee, granting them licence to hear each other's confessions and those of their fellow monks and other religious in [Durham] College Oxford and to absolve them, with the absolving of grave faults reserved to the prior or his deputy; and appointing them receivers and bursars of the college, and committing to them the disposition of its goods with the consent of the warden, with account rendered to the prior of receipts and expenses with the warden. They are to labour personally at the common expense in the affairs of the college, when necessary, according to the deliberation of the warden and fellows.
Date: Durham, 3 September 1514.
f.196v   1 November 1514
Memorandum that on 1 November 1514 four letters of removal were issued, one for William Wearmouth from the cell of Holy Island to the monastery [of Durham], the second for John Babyngton' from the monastery to the cell of Holy Island, the third for John Bailys from the cell of Lytham to the monastery, and the fourth for William Elvet from the monastery to the cell of Lytham, under the common form.
f.196v   8 December 1514
Revocation of appointment by Thomas, prior of Durham, to his fellow monk, William Ogle, stating that although (?or since) he lately appointed him as subprior of the cell of Finchale, granting him authority to hear the confessions of his fellow monks there, for certain legitimate causes he discharges [him], revoking all authority granted to him by the prior before the date of the presents to hear such confessions and to carry out other matters.
Date: Durham, 8 De[ce]mber 1514.
f.197r   9 December 1514
Appointment by Thomas, prior of Durham, of his fellow monk, William Wearmouth, as subprior of the cell of Finchale with authority to hear the confessions of his fellow monks staying at Finchale and those sent there for the purpose of walking about, and to absolve them, with the exception of those cases whose absolution is specially reserved to the prior.
Date: Durham, 9 December 1514.
f.197r   9 December 1514
Collation by Thomas, prior of Durham, to John Forster, chaplain, of the chantry of St Helen over the abbey gate, Durham, with the chapels of SS Bartholomew and Leonard, near Durham.
Date: Durham, 9 December 1514.
f.197r-v   [?1514 x 1515]
Inspeximus by Thomas, prior of Durham, having inspected a grant by Henry II, king of England etc., as in Register III, f.131[r] and requesting all not to trouble for toll his officials, contrary to the said grant and confirmation, when buying, selling or transporting any goods and chattels or allow others to do so.
f.197v   [January 1515]
Proxy by Thomas, prior of Durham, appointing Mr Thomas Pattenson, B.Th., John Underwod, B.Cn. & C.L., advocate of the consistory court of York, Christopher Werdale, B.Cn. & C.L., and Robert Cheston, general proctor of the consistory court of York, N. P., as proctors, ?before (citra) the recall of his other proctors previously appointed by him; granting them general and special authority to appear for him in the convocation or congregation of the clergy in York minster on Monday, 22 January inst. before Thomas, archbishop of York (etc.) or his lieutenant or deputed commissaries concerning these [matters] which should be set forth there, treat with the aforesaid archbishop or his lieutenant or commissaries and other prelates and proctors of the clergy of York province, and give their sound advice concerning the aforementioned, etc., as in Register IV, f.160 (more precisely 159r-160r).
Date: [January 1515].
f.198r   24 January 1515
Grant by Thomas, prior of Durham, to Joan Holand, widow, with the consent and will of his fellow monks, of a corrody in the hospital of St Mary Magdalene near Kepier, which Agnes Thomson', widow, lately held, for the term of Joan's life. She is to have what any brother or sister staying outside receives, provided she keeps all its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage without licence from the prior or his sucessors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 24 January 1514/15.
f.198r-v   26 February 1515
Grant by Thomas, prior of Durham, to Robert Wryght, with the consent and will of his fellow monks, of a corrody in the Maison de dieu which Agnes Thomson', widow, lately held when alive, for the term of his life. He is to have what any brother or sister thereof, staying outside, receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage with another woman beyond the present one without licence from the prior or his successors, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 26 (day supplied subsequently) February 1514/15.
(In the margin: corrody granted to Robert Wright and Joan, his wife, although the woman is not named here.)
f.198v   February [1515]
Grant by Thomas, prior of Durham, to Agnes Jakson', widow, with the consent and will of his fellow monks, of a corrody in the Maison de dieu which Agnes Thomson' lately held when alive, for the term of Agnes Jakson's life. She is to have what any brother or sister staying outside receives, provided she keeps all its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage with another man without licence from the prior or his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, (blank) February “in the year as above”.
f.198v   16 February 1515
Letters dimissory by Thomas, bishop of Durham, to Richard Whelden', monk of Durham, professed deacon of the Benedictine order there, observing a regular life therein, suitable in birth, manners and knowledge, granting faculty that he may lawfully be promoted to the order of priest, which he had not yet attained, by any bishop holding a grace from the apostolic see, notwithstanding that he originated in Durham diocese and was a professed monk in the church of Durham, observing a regular life therein, provided some canon does not stand in the way.
Under the seal of the officiality of the consistory court of Durham.
Date: Durham, 16 February 1514/15.
f.199r   [?1515]
Formulary of letters dimissory by Thomas, prior of Durham, vicar general of William, bishop of Durham, to A. B. of C., Durham diocese, granting licence to a bishop of conferring orders and to A. B. of receiving them, so that he may freely and lawfully be promoted to <holy> both minor and holy orders, which he had not yet attained, by any bishop holding a grace from the apostolic see and willing to lay hands on him, provided that he is found suitable in learning, birth, manners and age by his ordainer and exhibits sufficient title to him, and that some canon, which is presently unknown to the prior, does not stand in the way, notwithstanding that he originated in Durham diocese.
Date: “etc.”
f.199r   [?1515]
Formulary of licence by Thomas, etc., as above to A. B. and C. D. granting licence, to last for one year as thus for three years from the date of the presents, to them, their children and household to hear and to any chaplain or chaplains to celebrate masses, so that they freely and lawfully may cause masses to be celebrated in the chapel within the manor of C. or any respectable place assigned to divine worship within Durham diocese by any suitable chaplains in their presence, provided that no injury is occasioned to the parish church of that place.
Date: “etc.”
f.199r-v   [?1515]
Formulary by Thomas, etc., as above to M. X.(?i.e., Ch) P., B.Dec. commissary in ?the archdeaconry of D[?urham], stating that on the part of A. B., lately of C in the county of D, clerk, lately indicted in the secular jurisdiction before the king's justices concerning that which A. B on day etc. and the entire indictment is inserted and found guilty by a certain justice and committed to prison of [the bishop] etc., at Durham according to the custom of the English church, to be judged in one way or another in accordance with canonical sanctions in the ecclesiastical jurisdiction, having been gravely defamed to the prior, insistent entreaty was made that, since the aforesaid A. B., asserting himself [to be] innocent with regards to all the aforementioned, is prepared to purge himself canonically, the prior sees fit to admit him to such compurgation. The prior commands him on Sundays and feastdays in the parish churches of C. and D. and other public places nearby during Mass as well as on Wednesdays in the public market of C. and D. and other public places publicly to proclaim and cause to be proclaimed that if there are any, who wish or are able to accuse the said A. B. with regards to the said offences or to put forward anything reasonable against the same clerk why he should not be admitted to his compurgation, they should appear before the prior or his commissary in the Galilee etc. on such a day etc. [which the prior assigns for a peremptory term] to allege anything canonical against the compurgation of the said clerk with regards to the aforementioned offences. By letters patent reciting the contents hereof, he is to certify him or his commissary before the said W[ednesday] as to what he has done regarding the aforementioned.
Date: “etc.”
f.199v   31 March 1515
Mandate [by Thomas, prior of Durham] (in margin: to William Ogle) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he wills him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he provides him with transport and expenses.
Date: Durham, 31 March 1515.
f.199v   2 March [?1515]
Language:   English
Letter by the king [Henry VIII] (in superscription: to the prior of Durham) stating that whereas he is informed that Thomas Babthorpe, M.A., provost of Hemingbrough in Yorks., which is in the prior's gift, intends to resign the same to the king's chaplain, Richard Wilson, prior of Drax within the said county, considering the preferment of his chaplain, he desires him to grant the same to the chaplain immediately upon the resignation of Thomas. By this the prior will impart pleasure to him, to be remembered hereafter. He is to inform the king in writing by this bearer of his intention herein.
Under his signet.
Date: his manor of Greenwich, 2 March.
f.200r   2 April [?1515]
Language:   English
Letter (in subscription: by Thomas, prior of Durham) (in superscription: to the king [Henry VIII]) stating that he has received his letters concerning the preferment of the prior of Drax in Yorks. to the provostship of Hemingbrough by the resignation of Mr Thomas Babthorpe, M.A., provost thereof. May it please the king to recall that he previously wrote for the similar preferment of one Mr Robert Marshall', M.A., to the provostship and for him to have their common seal thereupon, notwithstanding any motion, labour or writing made to them by any {other} person, according to the tenor of the king's said letters. The prior and his fellow monks were and are glad to carry out his desire with this answer (as appears in their register [fo 190r]) [that] they besought his pardon from giving forth any writing in that regard under their convent seal until such time as the provostship was vacant, either by death or lawful resignation, since it was against the custom of the monastery, but in so far as they might, according to custom, [they] gave their full consent to Mr Marshall' when the provostship should fall vacant, which was as certain as a sealed writing, and [they] so showed to the said party. They beseech him to recall the aforementioned and do not doubt he will be content with his former desire accomplished by them at that time.
Date: Durham, 2 April.
Printed in T. Burton, The History and Antiquities of the Parish of Hemingbrough, ed. J. Raine (York 1888), p.381-382.
f.200v   [?1515]
Language:   English
Letter (in subscription: by Sir Christopher Willougby) [to the prior of Durham] stating that whereas he was so good a lord to him at the instance of the king as to grant him the next vacancy of the provostship of Hemingbrough, as appears by his kind letter which he has shown to the king, with which the king is well satisfied, he thanks him. He understands that the provost is departed and therefore beseeches him to send him the presentation thereof by his servant, George Andrew, by whom he has sent his letter.
f.200v   12 April [?1515]
Language:   English
Letter (in supscription: by Thomas, prior of Durham) (in superscription: to Christopher Willoughby, knight) stating that whereas he understands by his last writing to him, sent by George Andrewe, (which he has received) that the late provost of Hemingbrough is departed, of which provostship he desires the presentation according to the prior's writing (which he has also received by the said George), the prior had a writing from the king of a later date than the king's letter for Christopher, concerning the said provostship for another person, with this clause, “notwithstanding any other motion, labour or writing made to the prior by any manner of person”, whereupon the prior and his fellow monks were glad to carry out the king's desire. So it is passed in all that he may [do], although he was well disposed towards him before the king's latter writing, with which both the prior and Christopher must be content, inasmuch as it was and is the king's pleasure.
Date: Durham, 12 April.
f.200v-201r   [?1515]
Language:   English
Letter (in subscription: by Thomas, [bishop] of Durham) to “brother prior” [the prior of Durham] stating that whereas for divers reasonable considerations he has granted and let to farm for certain years his manor of Wheel Hall [E. R. Yorks.], with the demesne thereof, to the abbot of Selby, and, whereas he has granted to his servants Richard Waldgrave the office of bailiff of Darlington and to Thomas Bankes the coronership of Norton, as by his several demises and grants made thereupon, which will be showed to him by the bishop's treasurer, Mr Franklyne, it appears, he desires him to cause the same to be ratified and confirmed under his convent seal.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.ccccxiv.
For the prior and chapter's confirmation, dated 14 April 1515, of the bishop's lease of Wheel Hall to the abbot of Selby, see DCD Reg. V, f.158v. For their confirmation of his grants to Richard Waldgrave and Thomas Bankes, dated 11 August 1515, see DCD Reg. V, f.161r-v.
f.201r   23 April [?1515]
Language:   English
Letter (in subscription: by James Strangways k[night]) [to the prior of Durham] stating that he and his wife recommend themselves to him. Whereas he has previously written to him for his assent and good will of the farmhold of the tithes of Northallerton, with all else pertaining thereto, he has cast up his ploughs (“cassen up my plowys”) and has no corn except what he buys with his money. He now requires of his good will of the said farmhold, doing as any other would do, and he will find him sufficient security to pay him, as his farmer pays him now, for if he may have his grant of the aforementioned, he would then make entreaty to the vicar, his farmer, for his good will in that regard. If he is such a good lord to him as to grant this, he will be much obliged to him. He beseeches his answer in writing by this bearer, his servant, to whom it may please him to give credence.
Date: “scribbled” at Wrelton, 23 April.
f.201r   [25 April ?1515]
Language:   English
Letter (in subscription: by T[homas], prior of D[urham}) [to James Strangways] stating that he has received his writing and well understood the contents thereof concerning the tithes of [North]Allerton and other[s]. He has previously written his full thoughts to him [about this], just as he does now. He prays him to be content for he and his fellow monks by their common assent have made a decree in their chapter that whosoever is vicar of [North]Allerton will occupy the said tithes for divers considerations. Therefore, if the present vicar was never so well disposed to any person for his good mind therein, it is not for the aforesaid cause, which in no case may be relaxed and broken but will continue forever. He prays him to take this for a full and final answer and be content therewith.
Date: Durham, St Mark's day.
f.201v   1 May 1515
Mandate [by Thomas, prior of Durham] to “his beloved fellow monk” stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Wearmouth, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 1 May 1515.
f.201v   22 April [?1515]
Language:   English
Letter (by the king [Henry VIII]) (in superscription: to the prior and convent of Durham) stating that whereas he understands that in consideration of his letters previously addresssed to him, in favour of his clerk, Mr Robert Marshall', student in divinity, for his grant of the next vacancy of the provostship of Hemingbrough within York diocese, in his patronage, he has granted the same, as the king was certified by his clerk, Dr Chambre, to the use of Mr Marshall', to the king's pleasure. Now having been reminded by Dr Chambre of the prior's grant to Mr Marshall' upon the sight of these letters, he desires him to continue his favour in his same grant, so that upon the next vacancy of the said provostship, whether by death, resignation, exchange or otherwise, Mr Marshall' may be admitted thereto with all the rights, duties and other emoluments pertaining thereto, notwithstanding the king's letters previously written to him. He will bestow singular pleasure on the king therein, which he will remember hereafter.
Under his signet.
Date: his manor of Richmond, 22 April.
f.201v   30 June 1515
Mandate (in margin: by Thomas, prior of Durham) (in margin: to William Elvett) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Lytham so that he receives him benevolently.
Date: Durham, 30 June 1515.
f.202r   30 June 1515
Mandate (in margin: by Thomas, prior of Durham) (in margin: to William Swanne) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Lytham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Lytham so that he receives him benevolently.
Date: Durham, 30 June 1515.
f.202r   30 June 1515
Mandate (in margin: by Thomas, prior of Durham) (in margin: to John Bayley) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Finchale, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 30 June 1515.
f.202r   15 September 1515
Mandate (in margin: by Thomas, prior of Durham) (in margin: to John Erysden) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Lytham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior <there> of Lytham so that he receives him benevolently.
Date: Durham, 15 September 1515.
f.202r-v   4 September 1515
Collation by Thomas, prior of Durham, to Thomas Cavert, chaplain, of the chantry of St Mary the virgin in the church of Dinsdale, vacant by the death of Henry Tailboys, last chaplain thereof, willing him to receive for his support four marks yearly from the bursar of Durham; in the event an increase should otherwise be provided for him from some other suitable portion in support of his provisions and the chantry, the prior wills and dispenses him to receive that [which is] to be possessed in perpetuity. He enjoins him to be present and minister in the divine offices to be celebrated in the church, at the prior's pleasure and as enjoined upon him by the prior and his successors.
Date: Durham, 4 September 1515.
f.202v   8 September [?1515]
Language:   English
Letter (in subscription: by Queen Katharine) (in superscription: to the prior and convent of Durham) stating that whereas she understands that they have certain prebends in their gift within the collegiate church of Howden, having divers chaplains daily attending upon her, whose promotion she desires for their sundry merits, she therefore desires them in consideration of these her letters and her first request to them, to grant to her under their sufficient writing for the purpose abovesaid one of the said prebends, if any of them are now vacant or when any should fall vacant, and to send their letters to her at this time by this bearer.
Under her signet.
Date: at her lord's manor of Oking, 8 September.
f.202v-203r   19 September [?1515]
Language:   English
Letter (in subscription: by Thomas, prior of Durham) (to Queen Katharine) stating that he received a writing from her on 18 September concerning the promotion for some of her chaplains [to a prebend] within the collegiate church of Howden [which is] in the gift of the prior and his fellow monks, presently vacant or next to fall [vacant]. There was one [prebend] lately vacant in the same church by reason of the natural death of Dr Kentt, prebendary thereof, of which prebend and promotion grant was passed by him and his fellow monks before her writing came to their notice, insomuch as they beseech her not to be displeased with them. At such time as they conveniently can they will gladly carry out her desire therein.
Date: Durham, 19 September.
f.203r   15 September 1515
Memorandum that a letter of removal for Thomas Holburne from the cell of Lytham to the monastery of Durham was issued under the common form.
Date: 15 September 1515.
f.203r   29 September 1515
Appointment by Thomas, prior of Durham, of his fellow monk, Edward Hyenmars, B.Th. as prior or warden of [Durham] College Oxford, with authority to govern the college with all and sundry pertaining to it, both within and without, to regulate his fellow monks and other secular scholars, and to correct the latter and, if required, to expel them at his discretion with the advice of his fellow monks studying there; and commanding all the monks and scholars thereof to obey him as prior or warden in all the aforementioned pertaining to them.
Date: Durham, 29 September 1515.
f.203v   10 September 1515
Letters testimonial by Thomas, prior of Durham, making known that a certain John Huchenson', priest, bearer of the presents, was lawfully promoted and ordained to the priestly order by Thomas [?Carr], bishop of Curensis (?Carensis) on the authority of Thomas, bishop of Durham, and to all other orders both holy and minor, as the prior understood by John's letters of ordination which have been seen and examined. Since out of necessity John is travelling to unknown places chiefly for the purpose of learning and searching out ?fuller maintenance ( “uberiorem exhibicionem” ), he left his letters of ordination with his friends, fearing imminent dangers of places everywhere. The same John, lawfully ordained priest, as the prior said previously, [is] of respectable manner of living and implicated in no offence, and thus the prior entreats them to receive him for charity's sake {when} he [comes] amongst them.
Under the seal of his officiality of his archidiaconal jurisdiction.
Date: in the monastery of Durham, 10 September 1515.
f.203v   6 October [?1515]
Language:   English
Letter [?by King Henry VIII] [to the prior and convent of Durham] informing them that the parsonage of Kirkby on Bain within the diocese and county of Lincoln is shortly likely to be vacant and in their gift as patrons, by reason of the feebleness and infirmities with which the incumbent, the abbot of Cristed (?Kirkstead) is troubled. Moved by certain causes, he desires them to grant by his writing under their convent or chapter seal the next advowson thereof, to his servant, John Hasylby, clerk of the queen's counsel, to be sent to him by [the king's] servant, the bearer, to whom he desires them to give credence.
Under his signet.
Date: his castle at Windsor, 6 October.
f.204r, upper margin   [?1515]
Form to be made of the granting of an advowson of the parish church of Kirkby on Bain.
f.204r   [?1515]
Formulary by N[?omen], prior of the monastery or conventual church of St N[?omen] etc., and the convent thereof, stating that since they are the true and undoubted patrons of the church of Kirkby on Bain, Lincoln diocese, they have granted to John Haxilby, literatus, the next and first vacancy, advowson, presentation and nomination of the said church, the right of patronage of the same or the right of presenting to the same for the first or sole and next occasion only when the same church should next be vacant, either by resignation, deprivation, surrender, death or otherwise, provided that John freely and lawfully is allowed to present some respectable ecclesiastical person thereto when the said church, as is aforementioned, should next be vacant for this occasion only and the next such vacancy, from which it will better seem to be advantageous to John, provided that, after such presentation made or to be made for this occasion only and [after] canonical institution in the said church obtained by reason of that presentation, the right of patronage of the said church, with every right thereof, immediately reverts to the prior.
Date: the chapter house, “etc.”
f.204r-v   26 October [?1515]
Language:   English
Letter (in subscription: by Thomas, prior of Durham) [to King Henry VIII] stating that he has received his letters concerning the promotion of one John Hasylby, clerk and servant of the queen's counsel, to the parsonage of Kirkby on Bain after the death of the parson thereof, presently incumbent, next to be vacant. The prior and his fellow monks are entirely glad to carry out his desire but they beseech his pardon from giving forth any writing thereof under their convent seal until such time as the said parsonage shall really be vacant, either by death or lawful resignation, as it is against the custom of the monastery to do so with the incumbent alive. As soon as the parsonage is lawfully vacant and if the said parson or servant, John Hasylby, sends or brings this writing, it will be as sure as if he had their convent seal thereof, in consideration of [the king's] letters with all their good assistance.
Date: Durham, 26 October.
f.204v   3 June 1515
Grant by Thomas, prior of Durham, to Edmund Huchenson' and Katharine, his wife, with the consent and will of his fellow monks, of a corrody in the Maison de dieu which George Rippon' and Alice, his wife, held when alive, for the term of Edmund's and Katharine's lives and that of the survivor of them. They are to have what any brother or sister thereof, staying outside, receives, provided they keep all its statutes (etc.). If they should not keep the statutes (etc.), commit fornication or adultery, or resort to another marriage beyond the present one, he wills that they be deprived of all the aforementioned in perpetuity.
Date: Durham, 3 June 1515.
f.204v   5 May 1514
[Memorandum of] petition by John Apilton' of Langthorne, Richmonds., who on 5 May 1514 came to Durham cathedral and, after the bell had been tolled, as customary, asked for sanctuary for the reason that he killed a certain Robert Uthwayt in Bedale, Richmonds. with one le dager and sanctuary was granted to him, etc.
Witness: Cuthbert Billyngham, gentleman, John Turnour, and many others.
Printed:
For another, more detailed petition by John Apleton, also dated 5 May 1514, see DCD Reg. IV, f.152r-v, printed in Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.65 no.clxx. )
f.205r   12 November 1515
Collation by Thomas Swalwell', S.T.P., almoner of Durham, to Thomas Horne, chaplain, of the chantry at the altar of St Mary the virgin in the church of Durham St Nicholas vacant by the resignation of Thomas Benett, last priest thereof, and pertaining to the collation of the then almoner of Durham, with the consent of the rector of St Nicholas, along with the consent and provision of four trustworthy men of the parish; provided he celebrates divine [services] at the altar for the soul of Reginald called merchant, one time burgess of Durham, and for the souls of Billa, his one time wife, and of all the faithfully departed, and he duly supports the said chantry and all the rights thereof.
Under the seal of the officiality of the archidiaconal jurisdiction of the prior of Durham, along with the impression of the signet which Thomas Swalwell employs on the dorse of the same seal.
Date: Durham, 12 November 1515.
f.205r-v   31 December 1515
Grant by Thomas, prior of Durham, to John Clerke, notary, with the consent and assent of his fellow monks, of that corrody or place in the hospital of Witton [Gilbert] near Bearpark which John Salomonde lately held, for the term of John Clerke's life. He is to have what any brother or sister thereof is accustomed to receive, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or resort to a marriage other than the one presently contracted without licence from the prior or his successors, he wills that he be deprived of all the aforementioned in perpetuity. The prior further grants him licence to stay in some respectable place outside the hospital for the term of his life.
Date: Durham, 31 December 1515.
f.205v-206r   31 December 1515
Grant by Thomas, prior of Durham, to Robert Carver alias Faconer with the consent of his fellow monks, of a corrody in the hospital of St Mary Magdalene near the hospital of Kepier which John Salomon' lately held, for the term of Robert's life. He is to receive in food, drink and other necessities what any brother or sister thereof receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or resort to another marriage beyond the present one, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 31 December 1515.
f.206r   10 May 1516
Grant by Thomas, prior of Durham, to Henry Kelyngall' with the consent and will of his fellow monks, of a corrody in the Maison de dieu which William Wright and Agnes, his wife, lately held, for the term of Henry's life. He is to have what any brother or sister thereof, staying outside, receives, provided he keeps all its statutes (etc.). If he should commit fornication or adultery, not carry out the statutes (etc.), or resort to another marriage beyond the present one, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 10 May 1516.
f.206r   10 May 1516
Mandate [by Thomas, prior of Durham] to “his beloved fellow monk” stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Finchale so that he provides him with transport and expenses.
Date: Durham, 10 May 1516.
f.206r   10 May 1516
Appointment by Thomas, prior of Durham, of his fellow monk, Robert Elande, as cellarer of Finchale under the prior, until the prior revokes the presents, provided he makes a faithful account of all receipts and expenses to the prior and monks there every month. He is to show the presents to the prior there so that he admits him benevolently to the said office.
Date: Durham, 10 May 1516.
f.206v   16 June 1516
Grant by Thomas, prior of Durham, to John Blythe [in margin: mason] and Marion, his wife, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Ellen Huchenson lately held when alive, for the term of their lives and that of the survivor of them. They are to have what any brother or sister thereof, staying outside, receives, provided they keep all its statutes (etc.). If they should not carry out the statutes (etc.), commit fornication or adultery, or resort to another marriage beyond the present one, he wills that they be deprived of all the aforementioned in perpetuity.
Date: Durham, 16 June 1516.
f.206v   30 September 1516
Mandate [by Thomas, prior of Durham] (in margin: to Thomas Trewhite) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Lytham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 30 September 1516.
f.206v   30 September 1516
Memorandum that a similar letter of removal was issued for the removal of John Erysden from the cell of Lytham to the monastery [of Durham].
Date; 30 September “in the abovesaid year”.
f.206v   1 October 1516
Mandate [by Thomas, prior of Durham] to “his beloved fellow monk” stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Finchale so that he provides him with transport and expenses.
Date: Durham, 1 October 1516.
f.207r   22 October 1516
Grant by Thomas, prior of Durham, to Edith Robynson' with the consent and will of his fellow monks, of a corrody in the Maison de dieu which Ellen Dunne lately held, for the term of Edith's life. She is to have what any brother or sister thereof, staying outside, receives, provided she keeps all its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage with another man, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, 22 October 1516.
f.207r-v   22 October 1516
Grant by Thomas, prior of Durham, to Isabel Thomson', widow, and Margaret Browell' with the consent and will of his fellow monks, of a corrody in the hospital of Witton [Gilbert] which John Bell and Mundana, his wife, lately held, for the term of Isabel and Margaret's lives or that of the survivor of them. They are to have what any brother or [sister] thereof, staying within or outside, receives, provided they keep all its statutes (etc.). If they should not carry out the statutes (etc.), commit fornication or adultery, or resort to marriage or contract [it] without having sought and obtained licence from the prior or his successors, he wills that they be deprived of all the aforementioned in perpetuity. He further grants them licence to stay in some respectable place outside the hospital for the term of their lives or that or the survivor of them.
Date: Durham, 22 October 1516.
f.207v   1 January 1517
Mandate [by Thomas, prior of Durham] (in margin: to John Erysden) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Finchale so that he provides him with transport and expenses.
Date: Durham, 1 January 1516/17.
f.207v   1 January 1517
Mandate [by Thomas, prior of Durham] (in margin: to Edmund More) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master of Farne Island so that he provides him with transport and expenses.
Date: Durham, 1 January 1516/17.
In the margin: “this was not issued”.
f.207v   31 January 1517
Mandate [by Thomas, prior of Durham] (in margin: to John Erysden) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Farne Island, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master there so that he receives him benevolently.
Date: 31 January 1516/17.
In the margin: “this was not issued”.
f.207v-208r   1 February 1517
Mandate [by Thomas, prior of Durham] (in margin: to Henry Stroder) stating that since he resolved that he should be removed from his present place to the cell of Finchale, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master of Farne so that he provides him with transport and expenses, and to the prior of Finchale so that he receives him benevolently.
Date: Durham, 1 February 1516/17.
In the margin: “this was not issued”.
f.208r   [?1517]
[Account] the prior and convent of Durham, by letters patent of T[homas], bishop of Durham (as contained in the same letters of certification directed to them, existing here in court in the custody of the king's remembrancer), deputed collectors of two tenths to be paid in the archdeaconry of Durham, granted to King Henry VIII by the clergy of York province in the convocation of prelates and clergy begun and held in York minster on Monday, 26 April 1512 and continued to 4 February then following, namely, the first tenth before St Peter ad vincula [1 August] in the abovesaid year and the second before the Conception of Mary [8 December] 1513, account for £406 9s 9d, received from the said two tenths of the temporal and spiritual goods of the archdeaconry. In the treasury £393 19s 11d in three tallies for the king's chamber; for their expenses in collecting, levying and paying the tenth £13 2s at the rate of 8d in the pound. Surplus 12s 2d, allowed to the same collector in his other account for three tenths of three tenths in Durham diocese. Quit.
f.208v   [?1517]
[Account] of the prior and convent of Durham, by Brian Higden, lately vicar general of Christopher, lately archbishop of York, (as contained in the vicar's letters of certification to the treasurer and barons of the exchequer, existing here in court in the custody of the king's remembrancer), deputed collectors of three tenths to be paid to King Henry VIII, granted to him by the clergy of York province [in the convocation] begun and held in York minster on Monday, 26 April 1512 and continued to 4 February then following, namely, the first of the three tenths before St Peter ad vincula [1 August] 1514, the second at Michaelmas 1515 and the third and final at Michaelmas 1516, George Blaxton', the collectors' attorney, accounts for £640 12s 1½d for the said three tenths; in the treasury £615 7s 8d in three tallies for the king's chamber; and in the treasury 52s on 9 February in the eighth year [1517], and in the treasury 28s 4d on 14 February in the eighth year [1517] for the king's chamber; for their expenses in collecting, levying and paying the tenth, £20 12s at the rate of 8d in the pound; he owes 12s 1½d. In surplus which the collectors have in their other account for two tenths of two tenths in the archdeaconry of Durham 12s 2d. He thus has a surplus, ½d, remitted. Quit.
f.209r   13 February [1517]
Language:   English
Indenture by George Blaxton, attorney for the prior of Durham, collector of two of the first tenths and of the three last tenths granted to King Henry VIII, that he has delivered into the king's receipt at Westminster to Robert Watno six indentures of the payment of certain sums of money for the said tenth paid to the abbot of St Mary's, York, the first indenture for the sum of £189 2s 2d, the second for £8 2s 6d, the third for £196 15s 3d, the fourth and the first of the three tenths for £206 10s 3d, the second of the second of the three tenths for £206 10s 3d, the third of the last of the three tenths for £202 7s 2d, which he has delivered to the receipt for the purpose of a tally, to be allowed in the exchequer, being made for every indenture.
Date: 13 February 8 A. R. Henry VIII “by R(obert) Watno”.
f.209r   31 March 1517
Memorandum that five letters of removal were issued under the round seal and under the usual form, namely, one for sending John Browne from the monastery [of Durham] to the cell of Stamford, the second for recalling Cuthbert Marshall' from the cell of Stamford to the monastery, the third for sending Thomas Carr' from the monastery to Finchale, the fourth for sending John Babyngton' from the monastery to the cell of Farne Island, and the fifth for recalling Henry Stroder from the cell of Farne Island to the monastery.
Date: 31 March 1517.
f.209v   15 May 1516
Commission by Thomas Dalby, B.Dec., canon and residentiary in York minster, archdeacon of the archdeaconry of Richmond therein, to Robert Strother, prior of the house or priory of Lytham, or at least [a house] accustomed to be governed by a prior [and] situated in his aforesaid archdeaconry, since it is believed to be meritorious to lead those wandering from the way of truth into the path of justice and care is taken in law that an ordinary be bound to watch over his people and purge his province from evil men, he commits to him authority to inquire into, take cognisance of and chastise any transgressors of either sex within the church of Lytham and precinct of the jurisdiction of his archdeaconry, to summon them before him, to treat concerning any offences and transgressions committed by them within his parish, to correct and reform those whom he finds guilty, to impose a salutary penance on them and punish them. The presents are to last at the prior's pleasure until revoked.
Date: York, 15 May 1516.
f.209v   12 May 1516
Appointment by Thomas, prior of Durham, of his fellow monk, Robert Strother, as prior of the cell of Holy Island committing to him its care and administration, both in spiritualities and temporalities, until he has a further mandate from the prior; and commanding all whom this concerns to be answerable to him as prior thereof in all and sundry pertaining to the cell. He is to render annually to the prior a faithful account of all receipts and expenses of the cell.
Date: Durham, 12 May 1516.
f.210r   31 May 1516
Mandate [by Thomas, prior of Durham] (in margin: for William Elvett) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Lytham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 31 May 1516.
f.210r   [31 May 1516]
Memorandum that a similar letter of removal was issued under the aforesaid form and on [the abovesaid] day, month and year for William Swanne from the cell of Lytham to the monastery [of Durham].
f.210r   1 July 1517
Mandate [by Thomas, prior of Durham] (in margin: to William Hartilpoyle) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Lytham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 1 July 1517.
f.210r   6 July [?1517]
[Memorandum of] petition by Thomas Wylson, then dwelling in a town called Westow [E. R. Yorks.], York diocese, who on 6 July 1507 (sic) came to Durham cathedral and asked for sanctuary for the reason that, owing certain moneys to divers creditors, especially to a certain William Barker, gentleman, of York diocese, and not having the wherewithal to make satisfaction, he is afraid he will be imprisoned and [have to] submit to the law for this unpaid debt. He therefore sought sanctuary.
Present: John Ildreth and Percival Elyson, of Durham diocese.
Printed: Sanctuarium Dunelmense et Sanctuarium Beverlacense, (Surtees Society [5], [1837]), p.76 no.ccv.
f.210v   18 November [1516]
Language:   English
Letter [?by the earl of Northumberland] (in subscription: to his servant, Geoffrey Proctour, treasurer of his house and master forester of his game there, and to the then keepers thereof) charging them, having set aside any excuses and delays, to deliver or cause to be delivered yearly to his friend, the prior of Durham, one stag in season in summer and one hind in season in winter, to be taken as his gift, within his forest of Langstrothdale in Craven [W. R. Yorks.] in Yorks., whose keeping they have, and to cause the same to be delivered to him or to the bringer hereof in his name yearly when he sends for this, until they have another commandment to the contrary from him, notwithstanding any previous restraint or other commandment from him. This writing shall be sufficient warrant and discharge to them towards (anempste) him and before his auditors at their accounts yearly. They are to see that this is not left undone.
Under his signet and sign manual.
Date: at his manor of Leconfield [E. R. Yorks.], 18 November 8 A.R. Henry VIII.
Printed in: Historiae Dunelmensis Scriptores Tres (Surtees Society 9, 1839), p.ccccxv.
f.210v   14 August 1517
Mandate [by Thomas, prior of Durham] to “his beloved fellow monk” stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he provides him with transport and expenses.
Date: Durham, 14 August 1517.
f.210v   30 September 1517
Mandate [by Thomas, prior of Durham] (in margin: to John Erysden) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Farne Island, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master there so that he receives him favourably.
Date: Durham, 30 September 1517.
f.211r   1 September 1517
Mandate [by Thomas, prior of Durham] (in margin: to Edmund Moyre) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master of Farne Island so that he provides him with transport and expenses.
Date: Durham, 1 September 1517.
f.211r   [?1517]
Memorandum that a letter of removal was issued under the common form for Thomas Holburne from the monastery [of Durham] to the cell of Farne Island.
With a note: “this was not issued”.
f.211r   8 October 1517
Memorandum that on 8 October 1517 a quittance was made for the mayor and community of the vill of Newcastle-upon-Tyne concerning the full payment of £9 3s 4d to the prior and chapter of Durham, owed by reason of a certain yearly pension, under the form more fully recorded on f.152[v] of this book.
f.211r   7 October 1517
Grant by Thomas, prior of Durham, to John Champney with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Katharine Toller lately held when alive, for the term of his life. He is to have what any brother of sister thereof, staying within or outside, receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or contract a marriage beyond the present one without licence from the prior or his successors, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 7 October 1517.
f.211r   8 November 1517
Grant by Thomas, prior of Durham, to Katharine Davyson, wife of Robert Davyson of Alnwick, of a corrody in the infirmary outside the abbey gate, Durham, which John Champney lately held when alive, for the term of her life, as in the immediately preceding form.
Date: 8 November 1517.
f.211v   31 December 1517
Mandate [by Thomas, prior of Durham] (in margin: to Cuthbert Marshall) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Finchale, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 31 December 1517.
f.211v   14 July 1515
Lease by indenture by Thomas, prior of Durham, to William Worme of the vill of Hunsley and all lands and tenements, with appurtenances, in the vill and its fields in Yorks., to be held from the Annunciation [25 March] 151(blank) until the end of the term of twenty-one years then following and fully completed; rendering yearly £12 to the prior and his successors or the then chamberlain of Durham, [to be paid] at two terms, namely, Pentecost and Martinmas, in equal portions. If the said rent should happen to be in arrears, in part or in whole, for twelve days after any of the aforesaid feastdays when, as is aforementioned, it ought to be paid, or William dies within the said term, or leases, sublets or alienates the said vill or the lands and tenements or any parcel, to any other during the term without licence from the prior or his successors, then the prior and his successors may re-enter the vill (etc.), recover and possess it as before, and dispose it to his use and that of his successors or lease it to another, notwithstanding the present lease.
Sealed alternately.
Date: 14 July 1515.
f.211v-212r   [?1497]
Lease by indenture by Thomas, prior of Durham, to Robert Constable, senior of the vill of Hunsley and all lands and tenements, with appurtenances, in the vill and its fields in Yorks., to be held from the Annunciation [25 March] 1497 to the end of the term of twenty-one years then following and fully completed, rendering yearly during nineteen years of the said twenty-one £10 to the prior and his successors or the then chamberlain of Durham, to be paid at two terms, namely, Pentecost and Martinmas, in equal portions, and £12 for the further two years at the aforesaid feastdays in equal portions. If the said annual rent of £10 or £12 should happen to be in arrears after any feastday when, as is aforementioned, it ought to be paid, then the prior and his successors may enter and distrain upon the vill (etc.) and lead away, drive off and retain the goods thus distrained until fully satisfied of the rent and arrears, if any. If the said annual rent of £10 or £12 should happen to be in arrears (etc., as above) for one whole year, and no sufficient distraint can be found in the said lands and tenements, or if Robert or his executors lease or grant the vill, or the lands and tenements, or any parcel to any others without licence from the prior or his successors, then the prior and his successors etc.
f.212r   [?1517]
Memorandum (incomplete) that a corrody, lately Christopher Wrangham's, was granted in the infirmary to Ro[bert] (followed by a blank space approximately one fifth of a page long]
f.212r   31 March 1518
Mandate [by Thomas, prior of Durham] (in margin: To Thomas Carr') stating that since he resolved that he should be removed from his present place to the cell of Jarrow, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Finchale so that he provides him with transport and expenses, and to the master of Jarrow so that he receives him benevolently.
Date: Durham, 31 March 1518.
f.212r   1 April 1518
Memorandum that two letters of removal were issued from Alexander <Wodmosse> {Durham} and William Browne from the monastery (of Durham) to the cell of Finchale under the common form etc.
Date: 1 April 1518.
f.212v   7 May 1518
Memorandum that a corrody in the infirmary outside the abbey gate, Durham, which Roland Harper lately held, was granted to Katherine, widow of Reginald Goldsmyth, lately of Durham, in the common form.
Date: 7 May 1518.
f.212v   31 May 1518
Mandate [by Thomas, prior of Durham] (in margin: to William Hertilpole) stating that since he resolved that he should be recalled from his present place to the monastery of Durham, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior of Lytham so that he provides him with transport and expenses.
Date: Durham, 31 May 1518.
f.212v   [31 May 1518]
[Memorandum] that a similar letter of removal was issued under the aforesaid date for John Bailye from the monastery of Durham to the cell of Finchale in the common form.
f.212v   31 May 1518
Mandate [by Thomas, prior of Durham] (to James Dukett) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Finchale, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the prior there so that he receives him benevolently.
Date: Durham, 31 May 1518.
f.212v   1 September 1518
Memorandum that four letters of removal were issued under the common form, one for Henry Strother from the monastery [of Durham] to Holy Island, the second for Robert Keyth' from Holy Island to the monastery, the third for James Dukett from Finchale to Farne Island, and the fourth for John Babyngton' from Farne Island to the monastery.
Date: 1 September 1518.
f.212v   23 August 1518
Collation by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire, to Thomas Benett, chaplain, of the chantry of St Mary the virgin in the parish and collegiate church of Howden, York diocese, vacant by the death of John Leeke, last chaplain or keeper thereof.
Date: Durham, 23 August 1518.
f.213r   4 October 1518
Grant by Thomas, prior of Durham, to Richard Robynson with the consent and will of his fellow monks, of a corrody or place in the hospital of Witton [Gilbert] near Bearpark which Isabel Whelpdale lately had, for the term of his life. He is to have what any brother or sister thereof is accustomed to receive, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or resort to marriage beyond the present one without licence from the prior or his successors, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 4 October 1518.
f.213r   13 October 1518
Mandate [by Thomas, prior of Durham] (in margin: to John Maynarde) stating that since he resolved that he should be sent from the monastery of Durham, where he presently is, to the cell of Wearmouth, he commands him to go and remain there until he has a further mandate from the prior. He is to show the presents to the master there so that he receives him benevolently.
Date: Durham, 13 October 1518.
f.213r   6 December 1518
Memorandum that a collation of the chantry of St Mary the virgin in the collegiate church of Howden, granted to John Alenson, chaplain, was issued under the form of the collation, granted to Thomas Benett, chaplain, on the immediately preceding folio.
Date: 6 December 1518.
f.213v   19 December 1518
Commission by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire and within the bounds of the parish of the collegiate church of Hemingbrough, York diocese, to Mr William Farehare, LL.D., appointing him keeper of the jurisdiction of the spirituality and all its parishioners; and committing to him authority: to act in various probate matters, detailed; to take cognisance of, proceed and determine in causes relating to marriages and their dissolution, and any other suits or controversies moved or to be moved, both ex officio and at the instance of a party, and known to pertain to him from custom, right or privilege by reason of this jurisdiction; to make inquiry into faults or offences to persons and property there and to punish and reform them; and to induct those henceforth lawfully presented and admitted into the corporal possession of any benefices within the jurisdiction or spirituality; and to do and carry out all else necessary or opportune with regard to the aforementioned. The presents are to last at the prior's pleasure.
Date: Durham, 19 December 1518.
f.213v   29 December 1518
Grant by Thomas, prior of Durham, to Joan Wright, widow, with the consent and will of his fellow monks, of a corrody in the infirmary outside the abbey gate, Durham, which Elizabeth Batmanson lately held, for the term of Joan's life. She is to have what any brother or sister there, staying outside, receives, provided she keeps all its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage with another man, he wills that she be deprived of all the aforementioned in perpetuity.
Date: 29 December 1518.
f.214r   January [?1519]
Grant by Thomas, prior of Durham, to Annabel Browne, widow, with the consent and will of his fellow monks, of a corrody in the hospital of St Mary Magdalene near the hospital of Kepier which William Hawlett lately held, for the term of her life. She is to have what any brother or sister thereof, staying outside, receives, provided she keeps all its statutes (etc.). If she should not carry out the statutes (etc.), commit fornication or adultery, or resort to another marriage without licence from the prior and his successors, he wills that she be deprived of all the aforementioned in perpetuity.
Date: Durham, (blank) January (blank).
f.214r   [?1519]
Commission (incomplete) by Thomas, prior of Durham, ordinary of the spirituality of the liberty of St Cuthbert in Howden and Howdenshire, to the keeper of the said spirituality stating that since he intends to visit the churches, prebends and other places of the spirituality and its people, he commands him to cite or cause to be cited all and sundry rectors, prebendaries, vicars, beneficed clerks, and any others.
(Followed by a blank space approximately one third of a page long.)
f.214v   10 June 1519
Proxy by Thomas, prior of Durham, to all and sundry fathers of the order of black monks, [attending] the provincial chapter thereof in the realm of England, to be held by apostolic authority on the day and place assigned or to be assigned by the presidents of the chapter, appointing his fellow monks, Edward Hyenmars, B.Th., warden of [Durham] College Oxford, and Peter Lee, scholar thereof, as his proctors, and granting them full authority and special mandate: to appear before the said fathers on the aforesaid day and place, to excuse and give the causes of the prior's absence and to swear an oath in that regard; to treat and come to an agreement concerning all and sundry articles proposed by them or the other prelates there present for the honour of the order; to agree to all and sundry which shall be decreed in the chapter by the common counsel of all and sundry present; and to do all else necessary or appropriate for the aforementioned and known to pertain by right or custom to the office of proctor, even if it requires a special mandate; since the prior is prevented from being present in person because of such difficult and pressing causes and business [touching] the state and advantage of the monastery of Durham (whose rule he has) {and also by bodily infirmity}.
Date: Durham, 10 June 1519.
f.214v   14 July 1519
Mandate [by Thomas, prior of Durham] (in margin: to the warden of [Durham] College Oxford) stating that since he has determined that Richard Kay of Durham diocese, bearer of the presents, should be admitted to some place presently vacant in [Durham] College Oxford, he commands him to examine him when he should come in person to [the warden] and his place and, if he is found suitable and nothing contrary to the statutes of the college stands in the way, to receive him as a scholar thereof, having first taken a bodily oath.
Date: D[urham], 14 July 1519.
f.215r   19 July 1519
Grant by Thomas, prior of Durham, to Thomas Sanderson of a corrody in the infirmary outside the abbey Gate, Durham, which Joan Porter, widow, lately held, for the term of his life. He is to have what any brother or sister thereof receives, provided he keeps all its statutes (etc.). If he should not carry out the statutes (etc.), commit fornication or adultery, or contract marriage again, the prior wills that he be deprived of all the aforementioned in perpetuity.
Date: Durham, 19 July 1519.
f.215r   31 August 1519
Mandate [by Thomas, prior of Durham] (in margin: to the warden [of Durham College Oxford]) stating that since he has determined that John Wright of Durham diocese, bearer of the presents, should be admitted to some place presently vacant in [Durham] College Oxford, he commands him to examine him when he should come in person to [the warden] and his place and, if he is found suitable and nothing contrary to the statutes of the college stands in the way, to receive him as a scholar thereof, having first taken a bodily oath.
Date: Durham, 31 August 1519.
f.215r-v   26 April 1523
Bond by Peter Lee, warden of the college of St Cuthbert in Oxford Univeristy, commonly called Durham College, and his fellow monks and fellows thereof, to John West, chaplain, lately vicar of the church of Bishop Middleham, Durham diocese, for £100, to be paid to John West, his heirs and executors or his certain attorney, at Pentecost next. They bind themselves and their successors to pay this.
Under the seal of Hugh, prior of Durham.
Date: 26 April 1523
(with)
Condition of the bond that if Thomas ?Clifton, chaplain, ?vicar of the church of [Bishop] Middleham pays or causes to be paid a certain annual pension of seven marks yearly at two terms, namely, at St Mark [25 April] and All Saints, during the term of the natural life of John West, chaplain, without further delay, having put aside all deceit and fraud, the first term of the payment of such pension beginning at All Saints next after the date specified above, then the present bond should be considered void; otherwise it should remain in force.
For the presentations of John West and Thomas Clifton to the vicarage of Bishop Middleham, see DCD Reg. V, f.199v and 200r.
f.215v   29 January 1536
Memorandum that Hugh, prior, and the convent of Durham have granted to Arthur Layton, clerk, the first advowson of one canonry or prebend in the collegiate church of Howden, York diocese, when it should happen to be vacant next after the promotion of Mr Babthorppe, M.A.
Date: 29 January 1536.
f.215v   28 January 1536
Grant by Hugh, prior, and the convent of Durham to Simon Shepard, clerk, at the instance of Henry Norrys and Thomas Hennege, esquires, of the first advowson of the collegiate church of Hemingbrough or the provostry thereof when it should happen to be vacant after the death of Mr William Whithed, M.A., the present incumbent.
The prior has signed this schedule in his own hand.
Date: the monastery of Durham, 28 January 1535/6.
f.215v   31 January 1536
Grant by Hugh, prior, and the convent of Durham to Thomas Legh., LL.D., by their unanimous consent and assent, of the right to present some suitable clerk to the prebend of Saltmarsh in the collegiate church of Howden, York diocese, when it should next happen to be vacant.
Signed in their own hands by the prior and William, subprior of Durham, in their name and that of the convent.
Date: Durham, 31 January 1535/6.