faciant et disponant, prout sibi viderint oportunum. In cujus rei testimonium huic presenti testamento meo sigillum meum apposui, die et anno Domini supradictis. (Proved March 30, 1433, by the executors.) (Reg. Test., iii. 352b.)

V.

INQ. P. M. OF SIR JOHN DE ETTON, KNT., 1433.

York Castle, Monday before the feast of the Nativity of St. John the Baptist, 11 Hen. VI. (June 22, 1433), before Robert Mauleverer, escheator. John de Etton, knt., died seised of the manors of Kyrkeburn and Kyblyngcotes for term of his life by the law of England (per legem Anglie),' after the death of Katharine, late his wife, of the inheritance of Isabella, now wife of John Roos, Elizabeth, now wife of John Northwode, Margaret, now wife of Robert Moresby, and Anne, now wife of Robert Rouclyff, cousins (consanguinearum) and next heirs of the aforesaid Katharine, that is, daughters and heirs of Miles de Etton, son and heir of the said Katharine. Manor of Kyrkeburn held in chief by the service of the twentieth part of one knight's fee. Site of the manor worth nothing beyond expenses; 40 acres of demesne land, 4d. an acre; 12 acres of demesne meadow, 12d. an acre; 100 acres of arable land, 4d. an acre; 13 cottages with crofts adjacent, each worth 14d.; a water-mill, 6s. 8d.; perquisites of court, 25. Site of the manor of Kyblyncotes, worth nothing since it is utterly wasted (nichil eo quod totaliter vastatur); 50 acres of arable land, 3d. an acre; 100 acres of pasture, id. an acre and no more as they are not enclosed. Manor of Kyblyngcotes held of the Archbishop by unknown service. He also held in tail an acre of land in Burn of the grant of Thomas Frebody worth 6d., held of the King by fealty. Also in tail male the manor of Gillyng in Rydale, 3 tofts and 3 bovates of land in Everle of the grant of Robert Foxley, rector of the church of Steyngref, Robert Cruel, rector of the church of Oswaldekyrke, John de Flaynburgh, vicar of the church of Helmesley, and Thomas de Askham, vicar of the church of Ampelford, made to a certain Thomas de Etton and Elizabeth, his wife, for their lives, rem. to Thomas, their son, in tail male, rem. to other sons and daughters in tail male, rem. to Thomas Farefax and Elizabeth, his wife, for life, rem. in tail male to William, Thomas, and John, their sons, rem. to Alice, sister of the said Thomas

1 Generally called the courtesy of England, jus curialitatis Anglia, an estate which by favour of the law of England arises by act of law, and is that interest which a husband has for his life in his wife's fee-simple or fee-tail estates, general

or special, after her death. One of the circumstances, necessary to the existence of this estate, is the birth of issue alive and capable of inheritance.

2

Yearsley, in the parish of Coxwold. Called Yearseley and Yeresley in 1571.

de Etton, wife of William de Thorneton, and her heirs. Thomas and Elizabeth de Etton were seised for life of the premises, then Thomas, the son, entered and was seised in tail, and had issue John, George, William, and Richard, sons, and Katherine and Elizabeth, daughters. John, son of Thomas, was seised, and had issue Miles, Ivo, William, and Alexander. Miles had issue Isabella, Elizabeth, Margaret, and Anne, and died without heir male. Ivo, son and heir male of the said John, son of Thomas, aged 30 and upwards. The manor of Gilling, etc., held of Elizabeth, Duchess of Norfolk, of her manor of Thrysk by unknown service. Worth Ioli. a year. Lands in Everle worth IOS. John de Etton, knt., died March 25 last past (1433). Isabella, 25, Elizabeth, 24, Margaret, 22, and Anne, 17, his nearest heirs, that is, daughters and heirs of Miles, son and heir of the said John. (Inq. p. m., 11 Hen. VI., no. 29.)

Ancaster. Thursday after the Nativity of St. John the Baptist, 11 Hen. VI. (June 25, 1433). John de Etton died seised of nothing in chief. Died March 25 last. Isabella, 25, wife of John Roos, Elizabeth, 24, wife of John Northwode, Margaret, 22, wife of Robert Moresby, Anne, 17, wife of Robert Rouclyff, his heirs and next of kin, that is, daughters and heirs of Miles de Etton, son and heir of the said John. (Ibid.)

Newarke. Saturday before the same Feast (June 20). Died seised of the manor and advowson of Laxton, and of the manors of Egmanton and Northleverton, held for term of his life by the law of England after the death of Katharine, late his wife, of the inheritance of Isabella, now wife of John Roos, etc. Also of a messuage in Shelford. (Ibid.)

VI.

INQ. P. M. OF HUMFREY NEVILLE OF BRANCEPETH, 1463.

Malton. June 28, 3 Edw. IV. (1463), before Edmund Hastynges, knt., escheator. Humfrey Neville, late of Brancepeth in the county of Durham, was seised in his demesne as of fee of the manor and vill of Gillyng in Rydalle from May 4, 1 Edw. IV. (1461), to Nov. 4 in the same year; which manor and vill with the appurtenances have come into the hands of the same now King by reason of the forfeiture of the said Humfrey, who was attainted of high treason by the authority of a Parliament of the said now lord King, held at Westminster on Nov. 4 in the first year of his reign (1461). Worth 100s. a year. The said Edmund Hastynges, knt., had taken and held the rents and profits coming from the same, from the said fourth day of May to the day of the taking of this Inquisition, but by what title the Jurors were entirely ignorant. (Inq. p. m., 3 Edw. IV., no. 10.)

Rolls of Parliament, v. 478b. Among the persons attainted at the Parliament above-mentioned were Thomas Nevill, late of Brauncepath in the Bishopryke of Durham, clerk, and Humfrey Nevill, late of the same, squier, who "the xxvi day of Juyne last past, at Ryton and Brauncepath in the Bishopryke of Durham, with Standardes and Gyturons unrolled, rered werre ayenst oure seid Lord Kyng Edward, purposyng to have deposed hym of his Roiall Astate, Coroune and Dignite, ayenst their feith and Liegeaunce "And that they, and also the seid... Thomas Nevill, clerk, .. Humfrey Nevill, Squier, for their traitourse offenses and transgressions afore declared, committed and doon ayenst the seid Astate, Coroune and Dignite of oure seid Soverayne Lord Kyng Edward the fourth, stand and be convycted of high Treason," etc. (Ibid., 480b, 481a.)

Ibid., p. 511b. 21 Jan., 1464-5. "And where Humfrey Nevile, knyght, atteinted of Treason by the seid Acte made the iiiith day of Novembr' aforesaid for the causes in the same Acte specified, was and abode after the same Atteyndre in prison in the Toure of London, in the kepyng of the Constable of the same Toure, brake the same prison, eskaped fro thens into the seid Shire of Northumberlond, and there made commotion of people ayenst oure seid Soverayn Lord; It pleased not for that the Kinge oure seide Soverayn Lord, havyng respecte to his birthe, uppon his lowely and humble sute made unto his Mageste Royall, to resceyve hym to grace, and by his Lies Patentes under his Grete Seall, to pardon unto hym all trespasses and other offences, accordyng to the tenour of the same Lies Patentes; the which and the grete and large bountie shewed unto hym right largely by oure seid Soverayn Lord, and also the trust that his seid Mageste toke hym in notwithstondyng, the same Humfrey, as an unkynde and innaturall man, and fals to his Liege Mageste, traiterously adhered unto the seid Henry, late called Kyng, and with hym, and in his fals and usurped quarell, fro the first day of Aprill, the iiiith yere of the reigne of oure seid Soverayn Lord, at Bamburgh forseid, toke hoole and full parte, purposyng and ymagenyng there and then the distruction of his moost noble persone, alteration and alienation of the D'nation of his said Reame, into the power and D'nation of the innemyes of oure seid Soverayne Lord."

p. 5126. It was enacted "that the seide Acte, made in the seid Parlement holden the seid iiiith day of Novembr', stonde in his strength, force and effecte ayenst the seid Henry, late Duke of Somers', Humfrey Nevill and Henry Bellingham, eny Acte or Lřes Patentes made to the contrary notwithstondyng. And that the seid Acte of restitution and every of the seid Lřes Patentes, be voide, and of noo force nor effecte,"

VII.

THE FAIRFAX CLAIM TO GILLING

(from the York Corporation Papers, vol. ii.).

By deed of settlement, dated at Gilling, 18th Aug., 1349, Thomas de Etton and Elizabeth, his wife (dau. of Thomas Fairfax of Walton, by Elizabeth, dau. of Sir Ivo de Etton), granted the manor of Gilling to themselves for their lives; remainder to Thomas, son of the said Thomas and Elizabeth, and his heirs male; remainder to the other son or sons of the said Thomas, the father, one after another, and their heirs male; remainder to the sons and daughters of the said Thomas, the father, in tail general; remainder to Thomas Fairfax and Elizabeth, his wife, for their lives; remainder to William, son of the said Thomas Fairfax and Elizabeth, and his heirs male; remainder to Thomas, brother of the said William, and his heirs male; remainder to John, brother of the said William and Thomas, and his heirs male; remainder to Alice, sister of the said Thomas de Etton, wife of William de Thornton, and her heirs in fee. Witnesses, Sir William Malbys, knt., Sir John Moryn, knt., Ralph de Burton, Robert de Sproxton, William Ward, etc. (p. 1017.)

1492. Petition of Thomas Fairfax to King Henry VII.

Sets forth the settlement of Gilling in 1349 and the limitations thereof, and that by virtue thereof the said Thomas de Etton and Elizabeth, his wife, entered into possession, and after their deaths the said Thomas, their son, entered and was seised and died; and after his death the said manor and tenements descended to a certain Alexander Etton as cousin (consanguineus) and heir of the said Thomas, the son, viz. the son of John, the son of the said Thomas the son, whereby the said Alexander as cousin and heir of the said Thomas entered and was seised, and being so seised he enfeoffed one Sir Thomas Nevill, knight, in fee, by virtue of which feoffment Thomas Nevill entered and was seised and died, and upon his death the said manor, etc., descended to Humphrey Nevill as his son and heir, and the said Humphrey entered and was seised, until the said Humphrey, by an Act of Parliament of 1st Edward IV., was attainted, and all his estates that he held on 4th March, 1st Edward IV., were forfeited.

And afterwards, by an Inquisition held at New Malton, 12th June, 4 Henry VII. (1489), before Marmaduke Clairvaux, Esq., your escheator in co. York, it was found that, by the said Act of Parliament, Humphrey Nevill, late of Brauncepeth in Bprick of Durham, Esq., was attainted and his estates forfeited as above. And that on the said 4th March he was seised in fee of the manor of Gyllyng in Ridale, co. York, etc. Value, £20 per ann,

And that Sir Edmund Hastings, knt., had possessed the same from the said 4th Nov. (sic), 1 Edw. IV., to the accession of the present King, but quo jure they know not, and that Sir Charles Somerset, knt., from the said accession till now had held the same, but quo jure they know not.

And the Petitioner Thomas Fairfax says that the said manor, etc., ought to remain to him as cousin (consanguineus) and heir male of the said William, son of the said Thomas Fairfax and Elizabeth his wife, viz. son of William, son of Richard, son of Thomas, son of William, son of them the said Thomas and Elizabeth, eo quod the aforesaid Thomas Etton and Elizabeth his wife are dead without sons and daughters of the body of the said Thomas lawfully begotten. And that there is not any son or heir male of any son nor any daughter of the same Thomas now surviving. And the said Thomas their son is dead without heir male of his body him exeunte, and the said Thomas Fairfax and Elizabeth his wife are dead, etc. All which petitioner is ready to prove, and he prays for justice. (p. 1020.)

Inquisition taken at the castle of York, 1st Aug., 7th Henry VII. (1492), before Edmund Thwaites, Robt. Constable, Wm. Babthorpe, and Nicholas Girlington, Commissioners of the King, on petition of right of Thomas Fairfax, Esq., of the manor of Gilling in Ridale, upon the oaths of

Sir Wm. Mallory, knt.
Sir John Waterton, knt.
Thos. Crathorne, Esq.
Richd. Acclome, Esq.

James Roose, Esq.

Robt. Lassels, Esq.

Robt. Stokes

Nichs. Gower
Seth Snawsell
John Oglesthorp
Robt. Gower
John Lavening

Esquires

They find all the facts as stated in the petition. (p. 1024.)

Writ of Restitution to the said Thomas Fairfax (date not given). (p. 1028.)

VIII.

INQ. P. M. OF SIR THOMAS FAIRFAX, KNT., 1505.

York Castle. June 4, 20 Hen. VII. (1505). Sir Thomas Fairfax, knt., died seised of the castle and manor of Gyllyng in Rydall, etc., held of Thomas, earl of Derby, as of his manor of Thyrske, by unknown service, worth £6 a year. Also of the manor of Rudston, with lands, etc., there and at Sheyrburn in Hertforthlyth' and Rippon. The property at Rudston held of Sir Walter Griffyth, knt., as of his manor of Agnes Burton, in socage and by a rent of 4s., worth 8li. a year; at Sheyrburn in Hertforthlyth of the King, as of his manor of

1 Sherburn (E. R.) near Malton,