East Malham Court Roll 1577

East Malham Court Roll – Nov 1577

Malhom

Este.

 The Court of John Lambart esqr held there the 18th day of November in the year of the reign of Elizabeth by the grace of God of England, France and Ireland queen defender of the faith, &c, the twentieth 1577.
Free

tenants.

 John ffaldshay, present; William Proctor, present; the heirs of Thomas Scothorp, absent (fined) iiijd ; the heirs of John (sic) under age ; Ada Preston of Airton, appears by her son ; the heirs of Richard Otterburne, absent (fined) iiijd ; John Lawson, absent, iiijd , John Preston, absent iiijd ; the heirs of Thomas Hill, present, but under age, and Henry Sclater, present.These are free tenants and owe their suit at this court.
Tenants

at will
John ffaldshay fa’ oia id
Henry Serjantson, bailiff
Thomas Serjantson fa’ oia id
Thomas Thompson fa’ oia iid
Henry Anderson fa’ oia id
Henry Hirde fa’ oia iid
Richard Lawson fa’ oia id
The widow of Henry Hill fa’ oia id
The widow of John Hill fa’ oia id
William Lawson fa’ oia iid
Richard Knolles fa’ oia id
Richard Hodshon fa’ oia id
The widow of Thomas Bateson fa’ oia 0
The widow of William Airton fa’ oia id
Henry Leyland fa’ oia id
Thomas Preston of Scosthrop o 0
Edward Spencer, absent o iiid
Christofer Pickehan’, absent o iiid
William Browne fa’ oia id
Roger Spenser, absent o iiid
Thomas Spenser, absent o iiid
John Silverwoodd o 0
John Shage o 0
Henry Preston o 0
Anthony Preston o 0
Richard Holgayte o 0
The widow of Wm. Thompson o 0
John Tenant o 0

These are tenants at the will of the Lord

(fa’ oia – perhaps an abbreviation of “facta omni,” meaning that all services had been rendered.)
Jurors for the lord An Inquest taken at the same place on behalf of the lord by the oaths of Thomas Serjantson, Thomas Thompson, Henry Hird, William La\vson, Richard Knolles, Richard Lawson, Henry Leyland, Richard Hodshon, William Browne, John Silverwoodde, Richard Holgayte and John Shay jurors.
Pleas. William Preston of Airton claims from Anthony Preston of the same place in an action of debt concerning the delivery of 29/- which he owes him and unjustly withholds, as he says, viz. for a black cow, etc. Defendant comes into court and confesses the aforesaid debt and is therefore in mercy iiijd.

A day is appointed to the Jury of this Court for the return of their verdict (namely) until the and day of December next ensuing under a penalty for each defaulter of 3/4 to be levied for the lord.
Presentments of the Jury The jurors say upon their oath that William Windsor has over stocked the pasture called the Lyngs with one mare (and is) therefore in mercy xiid ; and that Ada Preston xiid and Christofer Preston xiiid are guilty of a like offence and are therefore in mercy as appears above their names ; and that Christofer Todde is guilty of a like offence as well in the fields as in the pasture aforesaid with his horses and therefore in mercy xiid ; and that Richard Thomplynson of Conysheton Coulde has depastured, trodden down and eaten the grass and herbage growing on the pasture (called) the Lyngs aforesaid with two mares and one foal, therefore in mercy IIIs ; and that William Wetherhirde has not made (fecih) his walls and ditches (? repaired his walls and opened his ditches) about the pasture called the Wetes close according to the order of the Court, therefore in mercy xiid ; and that the widow of Henry Hill has not made her walls and ditches about the cross field according to the order of the court, therefore in mercy xiid ; and that Christofer Todd has made like default, therefore in mercy xiid ; and that the widow of Henry Hill aforesaid has not made her walls and cleansed her ditches about the new close, therefore in mercy xiid; and that Christopher Todde has made default as above, therefore in mercy xiid ; and that Ada Preston has trespassed within the fields of Malham aforesaid with one ox wrongfully straying beyond the Wetes Close, therefore in mercy IIIs iiijd; and that Christopher Preston IIIs iiijd, the widow of John Hill IIIs iiijd and John Hurtley have similarly trespassed, therefore in mercy as appears above their several names ; and that the widow of John Hill has trespassed within the fields aforesaid with her cows and lambs depasturing the grass and herbage there growing, therefore in mercy IIIs iiijd ; and that John Preston of Malham aforesaid has trespassed within Bunbye Head with his lambs, therefore in mercy vid ; and that Henry Hirde has similarly trespassed with one ox, therefore in mercy xii; and that Richard Hodshon has overstocked the pasture (called) the Lynges with two cows, therefore in mercy iiijd ; and that Thomas Smyth has been guilty of a like offence with one cow, therefore in mercy iid ; and that Robert Barrow, William Wyndsor and Ada Preston (? broke the common meadow without deest and that William Wyndsor viij d, Henry Wyndsor iiijd, Robert Barrow iiijd, Ada Preston viijd, Christopher Preston viijd, William Wetherherd viijd, Nicholas Whitfield viijd, have trespassed in the fields aforesaid with their cattle (averies) straying beyond the close (called) the Riddyng, therefore in mercy as appears above their respective names ; and that William Wetherhead aforesaid has drivenone ox (? . . ) through the Hathorns contrary to the order of the court, therefore in mercy xiid ; and that Thomas Patricke has overstocked the pasture (called) the Lyngs with one cow, therefore in mercy ijd ; and that John Tennant of Bordley the elder has depastured, trodden down and consumed the grass and herbage growing within the Crossefelde with his sheep contrary to his promise and to the order of the court, therefore in mercy Xs ; and that the widow of William Thomson has allowed her gate to be unfastened at Gordell Heade, therefore in mercy iijs. iiijd ; and that Christopher Preston has not repaired a gate situate in Malhom Reykes, therefore in mercy xiid ; and that the widow of Henry Hill has overstocked the aforesaid fields with her stock in the season of fog (tempore foggei), therefore in mercy iiijd ; and that Richard Preston of Malham aforesaid has depastured, trodden down and consumed the growing grass (bladum) of his neighbours of East Malhom with two pigs in a certain place called Bunbye, therefore in mercy iis ; and that John Preston has overstocked the New Close with iiij of his cattle, therefore in mercy Xs ; and that Henry Atkinson of Malhom the elder has trespassed consuming the grass of his neighbours of East Malham aforesaid with one pig within the field (called) Bunby aforesaid, therefore in mercy xijd ; and that Roger Lawson has similarly trespassed with two of his pigs, therefore in mercy viijd (sic) ; and that Robert Leyland has trespassed as above with one pig, therefore in mercy iiijd.
Afferers to the Court – Thomas S(e)riantson, Richard Lawson – Jurymen

Total of this Court, vi £ xi s. xi d

Cost of the same o.

By me Roland Brashay,

Clerk to the Court aforesaid.

Translation by JW Morkill from his book “THE PARISH OF KIRKBY MALHAMDALE”

Originally published in 1933, this important local history work has now republished in support of St Michael the Archangel, Kirkby Malham, Restoration Campaign. Copies of this limited edition may be still available (approx’ £60), please contact MLHG.