Equity Suits

Equity suits, or civil litigation (law suits between two parties) makes up a large part of the TNA's holdings at Kew. The main equity court was the Chancery, where the Chancellor acted as the King's deputy, but from the mid 16th century until 1873 the Exchequer Court also dealt with matters of equity. After 1873, all equity jurisdiction passed to the Chancery Division of the Supreme Court of Judicature.

The equity side of the Court of Chancery handled an enormous amount of business, dealing with disputes over inheritance, lands, debts, marriage settlements, etc. It functioned from the 14th century until 1873, when all equity jurisdiction passed to the Chancery Division of the Supreme Court of Judicature. The equity jurisdiction of the Exchequer Court ran from the mid sixteen century to 1841, when it was taken over by the Chancery.

Litigants had to satisfy the Court that their claims were just, and in many cases, particulary in those concerning land, the evidence they presented to the Court demonstrated relationships, and land transfers, going back, sometimes, for several generations.

In contrast to the common law courts, the amount of detail given in equity cases is almost overwhelming. The records abound in vivid sketches of daily life, particularly of disputes among families: they are also in English.

All the Aughton, East Cottingwith and Laytham references below came from the TNA Catalogue.

Reference Details Date
E 210/8518 German Hay, lord of Aughton (Acghton) to Robert de Percy: Grant of a rent in Sutton-on- Derwent: (Yorks, E.R.) 1294-1294
C 241/45/114 Germannus Filcok of Wakefield [Agbrigg Wapentake, W.R. Yorks]. Creditor: William le Clerk of ? Aughton {Ayketon} 1304 Nov 6
C 241/65/198 Debtor: Germanus de Hay, knight [held land in Spaldington, and Seaton Ross, Harthill Wapentake, E.R.Yorks]. Creditor: Walter de Bubwith [held land in Aughton, Harthill Wapentake, and Bubwith cum Harlthorpe, both in Harthill Wapentake, E.R.Yorks]. 1309 Nov 4
C 241/105/161 Debtor: Alice, who was the wife of Roger Hay [Roger held Aughton in Harthill Wapentake, E.R. Yorks], and John Hay, his son. Creditor: Sir John de Wythton, chaplain. 1334 May 20
C 143/313/11 John Hay and Elizabeth his wife to grant a messuage and land in Brigham to a chaplain in the chapel of Brigham in Foston [on the Wolds], retaining the manors of Everthorpe and Aughton, and messuages and land in Pocklington. York. 1354-1354
C 44/27/7 Rex v Milton Subject: Manors of Aughton & 'Yuerthorp' County: Yorks 1434-1434
E 321/1/12 William Grave v William Sandwyth. Land in East Cottingwith, Yorkshire. 1536-1544
C 1/1227/82 Nicholas of GYRLYNGTON of Drax v. Robert RAWSON, gentleman.: Lease of a messuage called `Brumhill,' a meadow, and `closyng' etc., in Aughton and elsewhere during the minority of Robert Ashe.: YORK. 1544-1551
C 3/101/62 Plaintiffs: Christopher Jewitson. Defendants: John Webster and another. Subject: property in Bubwith, Aughton and Willitoft, Yorkshire. 1558-1579
C 3/14/85 Plaintiffs: Francis Barker. Defendants: Richard Coo and others. Subject: lands previously belonging to Hutton Chapel, Newbrugh Abbey, Ellerton Priory etc in Sessay, Skerne, Wighton, East Cottingwith, Naborne, Thornethropp, South Newbolde, Thorgansby, Tykhill, Thornton, Faukus alias Faukefosse, Pocklington, Kirk Heaton, Garton upon the Wolds, Greisborough, Sunderland Wick, Patrick Brompton, Cleisly Chapel, Stapleton etc, Yorkshire. 1558-1579
C 3/25/28 Plaintiffs: Francis Barker. Defendants: Thomas Fyssher and others. Subject: property in Hutton, Sezay, Wighton, Cottingwith, Mormuncton, Naborne, Thornthrorp, Newbold, Thoganbye, Hovingham, Tikhall, Thornton, Kylmesey, Latham, Faukefosse, Poklington, Kirkeheaton, Thurtelbye, Garton-upon-the Woldes, Greyesborowe, Sunderlandwickw, Milford, Hunton, Patrick, Brampton, Cleysbye, Yorkshire. 1558-1579
C 3/27/31 Plaintiffs: Francis Barker. Defendants: Bartholomew Savage and others. Subject: lands in East Cottingwith, Yorkshire. 1558-1579
C 2/Eliz/A7/20 John Aske esquire of Aughton, Yorkshire v John Sugar of Shoe Lane, London, 'innholder'. Attachment of horse of plaintiff for disputed debt. Bill, answer, repliction Short title: Aske v Suger 1598-1598
C 3/394/47 Plaintiffs: Richard Aske. Defendants: Roger Blancharde. Subject: property in Ellerton, Aughton, Lathom, West Cottingworth, Thorganby, Holme, Goodmanham, Huggate, Deighton, Naburn and Cleaving, Yorkshire. 1625-1640
E 134/35Chas2/Mich6 William Bethell v. Thomas Fligg, John Rotherforth, Peter Fawcett, Thos. Swan, senr., Henry Hodgson, Richd. Webster, Robt. Williamson, Margt. Blanchard, John Fligg, Robert Gray, Edwd. Horsley, John Webster, Willm. Spright, Mary Swan, Geo. Bradley, John Hotham, Jane Blanchard, John Blanshard, Nathl. Fligg, Hugh Swan, Thos. Rotherforth, Robert Cliffe, Thos. Swan, junr.: Rectory or parsonage of Ellerton and East Cottingwith, the manor, &c. of East Cottingwith, and the monastery near York. Metes and bounds. Tithes. [The names, &c. of Sir Hugh Bethell, junior, deceased (plaintiff's late father), Walter Bethell (eldest son of Sir Hugh, and elder brother of the plaintiff), and Hugh Bethell (only son of Walter), are mentioned.]: York 1683-1683
C 5/146/53 Plaintiffs: George Bradley. Defendants: Matthew Clarke, Edward Clarke and Richard Clarke. Subject: property in East Cottingwith, Yorkshire. 1695-1695
C 5/136/15 Plaintiffs: Thomas Benninton. Defendants: Thomas Gill and others. Subject: property in East Cottingwith, Yorkshire. 1698-1698
E 134/10Wm3/East24 Thomas Lamplugh, clerk, administrator of Geo. Pockley. v. Ralph Cheatham: Mortgages of the manor of Bucton, and several messuages in Ouldrome, Asseby, Blacktoft, East Cottingwith, Langrick, Kilpin, Skelton, Hunnanby, Bempton alias Benton, Speeton, and Righton (York), and of a fee farm rent of 60l. 9s. 5½d. per annum issuing out of the scite and demesnes of the manors of Fryeston alias Monk Fryeston and Killom, and a fee farm rent of 5l. 15s. 2d. per annum issuing out of the manor of Thorpe, in the county of York, and a fee farm rent of five shillings and sixpence per annum issuing out of lands in Brayton (York), part of the estate of the aforesaid Geo. Pockley, nephew and heir of John Pockley, &c., &c.: York 1698-1698
C 6/395/69 Plaintiffs: Rose Clench widow. Defendants: Sarah Saunderson (alias Sarah Wray) Viscountess Castleton. Subject: the separate maintenance arrangements for the viscountess and the payment of her debts: mentions Dr Clench doctor of physic, Sir John Wray baronet, George Saunderson Viscount Castleton and Samuel Heyrick citizen stationer of London: property in Winteringham, Lincolnshire and Aughton, Yorkshire. 1701-1701
E 134/13Wm3/East41 Thomas Lamplugh, clerk, administrator of George Pockley. v. Ralph Cheatham: Estate of George Pockley, gen., including a fee-farm rent issuing out of the manors of Fryeston alias Monck Fryeston, Hillom, and Thorpe; lands in Brayton, Oulrome, Blacktoft, Langrig, Kilpin, and Skelton, East Cottingwith, Asselby, the manor of Buckton, lying in Buckton, Hunnanby, Bempton alias Benton, Speeton, and Righton, late the estate of John Robinson, and lands in Bempton and Buckton, &c., &c.: York 1701-1701
E 134/9Geo2/East2 Mary Lowther, Barbara Lowther, Frances Lowther, Eleanor Lowther, spinsters, John Brown, yeoman. v. Humphrey Trafford, Esq., Walter Vavasour, James Cade, Nathaniel Guy, John Burton, clerk, Peter Wilson.: Parishes of Bubwith and Aughton, and the townships of Spaldington, Willitoft, Harlethorpe, and Gripthorpe (York). Metes and bounds. Survey. Tithes.: York 1736-1736
C 16/461/U/V31 Plaintiffs: John Brabbs, Jane Brabbs his wife and others. Defendants: Isabela Voase. In the matter of the estate of Thomas Voase farmer late of Laytham, Yorkshire, deceased 1867-1867