Aughton.info

Centrally recorded land conveyances, 1172-1625

Fines, or final concords, were originally (from the late 12th century) a procedure in the king's courts for enrolling agreements, following disputes between two or more parties. Land conveyances in the medieval period suffered from not having a central registry to record conveyances and help prevent fraud. By the late 13th century a work-around was developed by lawyers of turning the conveyance into a fictitious legal dispute between the parties. This resulted in a copy of the final agreement, or concord, between the purchaser, known as the querent or plaintiff, and the seller, known as the deforciant, being filed with the records of the king's court and open to public inspection. This final agreement was normally written out three times on a single sheet of parchment - two copies side by side and one copy across the bottom of the sheet, then cut into three parts, using indented or wavy lines. The purchaser kept one copy, the seller the other and the final copy - 'the foot of the fine'- was kept by the court as a central record of the conveyance. It was a means of having title registered to guard against subsequent fraud or forgery as copies if this three piece jig-saw would only fit together if genuine.

The Feet of Fines records, held in TNA, are under references CP 25/1 for conveyances before 1509, and CP 25/2 for conveyances 1509-1833. They are arranged by year and law term. There were four legal terms per year:

There is no central index for the Feet of Fines records, but fortunately for Yorkshire the Fines for 1172-1189 have been published in the Yorkshire Archaeological Journal volume 40, and 1189-1199 in volume 11. The Fines for for the period 1199-1214 were published in the publications of the Surtees Society, volume 94.

 

These three volumes have been checked, and no Fine involving Aughton or its residents was found.

 

The period 1218-1377 is more frutiful, and has been published by the Yorkshire Archaeological Society.

1218-1377

Plaintiffs	Deforciants	Nature and Situation of the Property	Year
Feet of Fines for the county of York, from 1218 to 1231, YASRS 62
Margery, who was wife of Roger Thoch	John, Prior of Ellerton, by Jordan of Menetorp, his attorney	One third part of 20 acres of land and a toft in Aughton, which she claims as her dower	1219
William of Hammerton and Avice his wife, and Romund Tirel and Christian his wife	Adam of Linton and Agnes his wife, tenants	As to 2 bovates of land in Lathum. Endorsed: Thomas Hay puts in his claim	1226
Robert, Abbot of S. Mary of York	Thomas son of William	As to the making of bounds between the Abbot’s land of Cottingwyth and Thomas’s land of Ellerton, as to which a perambulation had been taken by 12 knights chosen by consent. The perambulation shall stand, by these bounds: from the watercourse of Derwente against the hill to the east to the dyke between Ellertonridding and Riskholm; and so by that dyke as far as the eastern corner thereof; and so towards the east as far as Blakesandwadker; and through the middle of Blakesandwadker by the metes and bounds which the said 12 knights have made; and so by the south side of the dyke which William of Estutevill made to the head of Nordscoliheved to the east; and through the middle of the moss (mussam) eastward by bounds made as far as Thursmare. So that what lies to the north side of the said bounds shall remain to the Abbot and his successors, so much as belongs to Thomas and his heirs, who shall not exact nor claim any share or common therein. And whatever lies to the south side thereof shall similarly remain to Thomas, so much as belongs to the Abbot etc. And the whole pasture of Thursmare to the east and south, between the bounds of Robert of Ros, of Scorthwait and of Medeburg, and the ancient road on the south and east side of Landrikemose, shall remain in common, as well to the Abbot and his successors as to Thomas and his heirs: so that each party may dig his turves there and sell or give the same and use the pasture at his will and convenience; saving the right of any other person.	1226/7
Roger Hay	John, Prior of Ellerton	Advowson of Aughton Church. The right of Roger. Roger gives half a carucate of land in Guthmundeham , once held by Hugh son of Robert and Herbert son of Romund: to hold to the Prior and his successors and his church of Elreton in frankalmoign, quit of all service and demand: with warranty. Roger, for himself and his heirs, quitclaims to the Prior and his successors and his church of Elreton the advowson of Elreton church, formerly a chapel belonging to Acton church. Roger also grants to the Prior and his successors 6 bovates of land in Guthmundeham and a yearly rent of 10 shillings, to be received from Herbert Godt for a bovate of land that he holds of Roger in that vill, with villans, cottagers holding villenages, to wit whatsoever he holds in that vill – saving to Roger and his heirs the capital messuage there: to hold to the Prior and his successors and his church of Elreton from Michaelmas 14-15 Henry III, for 10 full years next ensuing, so that they may take from the said bovates 10 crops (vesturas). On the completion of the said term, the whole demesne, with villenages and cottages, shall revert to Roger and his heirs. Warranty. The Prior, at the end of the term, shall give Roger 2½ marks. The Prior receives Roger into the benefactions henceforth to be made in his house of Elreton. Endorsed: Robert of Mesnil puts in his claim touching the advoson of Turgraneby church.	1228
Feet of Fines for the county of York, from 1232 to 1246, YASRS 67
Yvo, Prior of Ellerton	William, son of Hugh and Alice his wife, impedients	As to a bovate of land in Little Habeton. The right of the Prior and his church of Ellerton, as of the gift of William and Alice, to hold to the Prior, his successors and church, in frankalmoign; doing to the chief lords of the fee all service due. Warranty. The Prior receives William, Alice and her heirs, into all etc.	1240
Feet of Fines for the county of York, from 1246 to 1272, YASRS 82
John Hay of Aughton	Stephen, Abbot of Fountains	Fishery of Alemare	1250
John Hay	William Creystoc, tenant	As to 12 acres of land and 10 acres of wood in Acton . The right of John. John grants the land to William to hold to him and his heirs, of John and his heirs; rendering yearly 1 lb of cimin, at Nativity S. John Baptist, and doing forinsec service. Warranty. The wood shall remain to John and his heirs: to hold of the chief lords of that fee by the services due. William, so far as he may, grants that John and his heirs may have a way 20 feets wide, extending from Acton Cross to a wood called Lavenum; so that John and his heirs may take wood from Lavenum and whatsoever they like by carts and wagons and likewise drive their cattle by that way at will, without gainsay or let of William and his heirs. Endorsed: And the Prior of Allerton puts in his claim to common of pasture in the wood and to the way.	1252
Feet of Fines for the county of York, from 1272 to 1300, YASRS 121
Robert, prior of St. Mary of Ellerton	John de Ridale and Aline his wife, impedients	Of 4 tofts, a carucate and 4 bovates of land and 4s.-worth of rent in Guthemundham , Hugate and Lathum. Warranty of Charter.The above with the homage and whole service of William de la Gerge and his heirs in respect of the whole tenement which he once held in Hugate of John de Houeden, Aline’s cousin whose heir she is, is acknowledged as the right of the Prior and his church. Remission, quitclaim and warranty by John and Aline for themselves and Aline’s heirs. For 40s. of silver. Made in the presence and with the consent of William who acknowledges that he holds his lands of the Prior by assignment of John de Houeden.	1294
Feet of Fines for the county of York, from 1300 to 1314, YASRS 127
Nil
Feet of Fines for the County of York from 1314 to 1326, YASRS 158
Nil
Feet of Fines for the county of York, from 1327 to 1347, YASRS 42
Thomas de Pykeryng, chevalier, and Elizabeth his wife	Adam de Marays, chaplain	Of 20 messuages, 120 acres and 21½ bovates of land, 92 acres of meadow, 200 acres of pasture, 26 acres of wood, 60 acres of marsh, 7s. 8d. rent, and half a mill, in Ellerton in Spaldyngmore, Aghton, and Beilby, together with the homage and service of Thomas de Tanstem and Adam de Hayton. To hold, as to 8 acres of meadow in Aghton, to Thomas and Elizabeth and the heirs of Thomas. And as to all the residue, to hold to Thomas and Elizabeth for their lives; remainder, as to 4 messuages, 4 bovates of land, and 20 acres of meadow, in Beilby, to Richard so of the said Thomas, and the heirs of his body; remainder to Robert, brother of Richard, and the heirs of his body; remainder to the right heirs of Elizabeth. As to all the residue, remainder to the said Robert and Maude his wife, and the heirs of the body of Robert; remainder to the said Richard and the heirs of his body; remainder to the right heirs of Elizabeth.
Feet of Fines for the county of York, from 1347 to 1377, YASRS 52
Richard de Herlethorpe of Aughton	William de Neuby of York and Isabel his wife	One messuage, one toft, six bovates and eight acres of land, and nine and a half acres of meadow in Aughton	1376

There then follows a gap from 1378-1484, but this period is currently being worked on and the abstracts so far can be found on the SOME NOTES ON MEDIEVAL ENGLISH GENEALOGY website.

 

1378-1484

 

CP 25/1/278/146, number 1.

Date: The day after All Souls, 15 Richard [3 November 1391].

 

Parties: James de Pykeryng', knight, querent, and John Smyth' of Chepyngmerlay the elder and Alice, his wife, deforciants.

 

Property: 2 messuages, 2 tofts, 20 acres of land and 2 and a half acres of meadow in Ellerton' and Lathom'.

 

Action: Plea of covenant.

 

Agreement: John and Alice have acknowledged the tenements to be the right of James, of which he has 1 messuage, 1 toft, 12 acres of land and the meadow of their gift, and have remised and quitclaimed them from themselves and the heirs of Alice to him and his heirs for ever. And besides John and Alice granted for themselves and the heirs of Alice that 1 messuage, 1 toft and 8 acres of land - which Julian, who was the wife of Robert Sayne, held in dower of the inheritance of Alice in the aforesaid vills on the day the agreement was made, and which after the decease of Julian ought to revert to John and Alice and the heirs of Alice - after the decease of Julian shall remain to James and his heirs, to hold of the chief lords for ever.

 

Warranty: Warranty.

 

For this: James has given them 20 marks of silver.

 

 

CP 25/1/281/160, number 14.

Date: One month from St Michael, 28 Henry VI [27 October 1449].

 

Parties: John Vauasour and Isabel, his wife, querents, and Thomas Knyght' and Elizabeth, his wife, deforciants.

 

Property: 1 messuage, 20 bovates and 22 acres of land, 9 acres of meadow, 80 acres of pasture called Swynebankes and pasture for 9 cows in Aghton' and Spaldyngton'.

 

Action: Plea of covenant.

Agreement:             Thomas and Elizabeth have acknowledged the tenements and pasture to be the right of Isabel, as those which John and Isabel have of their gift, and have remised and quitclaimed them from themselves and the heirs of Elizabeth to John and Isabel and the heirs of Isabel for ever.

 

Warranty:             Warranty.

 

For this: John and Isabel have granted for themselves and the heirs of Isabel that they will render each year to Thomas and Elizabeth and the heirs of Elizabeth 46 shillings and 8 pence of silver, to wit, a moiety at the feast of Pentecost and the other moiety at the feast of St Martin in Winter. Thomas and Elizabeth and the heirs of Elizabeth shall have the right to distrain.

 

 

CP 25/1/281/160, number 17.

Date: One month from St Michael, 28 Henry VI [27 October 1449].

 

Parties: John Vauasour and Isabel, his wife, querents, and Alexander Lounde and Joan, his wife, deforciants.

 

Property: The manor of Wylletofte, 2 messuages, 4 tofts, 30 bovates and 22 acres of land, 9 acres of meadow and 9 shillings of rent in Aghton', Wylletofte and Spaldyngton' and pasture for 9 cows in the vill of Aghton'.

 

Action: Plea of covenant.

Agreement: Alexander and Joan have acknowledged the manor, tenements and pasture to be the right of Isabel, as those which John and Isabel have of their gift, and have remised and quitclaimed them from themselves and the heirs of Joan to John and Isabel and the heirs of Isabel for ever.

 

Warranty: Warranty.

 

For this: John and Isabel have granted for themselves and the heirs of Isabel that they will render each year to Alexander and Joan for the life of Joan 103 shillings and 4 pence of silver, to wit, a moiety at the feast of Pentecost and the other moiety at the feast of St Martin in Winter. Alexander and Joan shall have the right to distrain. And after the decease of Joan, John and Isabel and the heirs of Isabel shall be quit of the payment for ever.

 

 

 

CP 25/1/145/162, number 27.

Date: One week from St Martin, 11 Edward IV [18 November 1471].

 

Parties: John Pakenham, clerk, William Skipwith', knight, Henry Vauasour, knight, John Aske of Aghton', esquire, John Vauasour the elder, Robert Portyngton', esquire, and John Vauasour the younger, querents, and William Langholme, deforciant.

 

Property: The manors of Westmellys and Conisholme and 17 messuages, 116 acres of land, 108 acres of meadow, 142 acres of pasture, 160 acres of marsh, 200 acres of moor and 22 pence, 1 halfpenny and 1 farthing of rent in Skegnes, Malbirthorp', Conisholme, Louthenay, Garnethorp' and Somercotes.

 

Action: Plea of covenant.

 

Agreement: William Langholme has acknowledged the manors and tenements to be the right of John Vauasour the elder, as those which the same John, John Pakenham, William Skipwith', Henry, John Aske, Robert and John Vauasour the younger have of his gift, and has remised and quitclaimed them from himself and his heirs to John, William Skipwith', Henry, John, John, Robert and John and the heirs of John Vauasour the elder for ever.

 

Warranty: Warranty.

 

For this: John, William Skipwith', Henry, John, John, Robert and John have given him 400 pounds sterling.

The Fines for all of the Tudor period have been published by the Yorkshire Archaeological Society in their Record Series as volumes, 2, 5, 7 and 8, as well as the early Stuart period, up to and including the reign of James I in volumes 53 and 58. This total period spans 1485-1625, and the returns for land conveyances in Aughton and its hamlets have been extracted below.

1485-1625

Key for using the tables

Plaintiffs: the purchaser(s)

Deforciants: the seller(s)

Year-L: the Year plus the legal term, i.e M=Michaelmas; H=Hilary; E=Easter; and T=Trinity.