It will be seen that, beyond recording the marriage with the Malbis heiress, this pedigree throws no light whatever on the change of name.

William Fairfax ;=Catherine Neville
died 1453 A

Foster's pedigree is practically identical with this.

The contradictions between these are numerous and important; it is not necessary to point them out in detail. Unfortunately, none of the families immediately concerned were tenants in chief, so that we miss the invaluable assistance given by the Inquisitions post mortem in fixing dates of deaths and names and ages of heirs. Ivo de Etton was a prominent man in Yorkshire in the reign of Edward I., and it is quite clear that Flower was wrong in placing the marriage with his heiress so low down in the pedigree.

The pivot on which the story hinges is John Fairfax, the Rector of Gilling; he it was who acquired the manor of Acaster Malbis, and settled it on his nephew Richard Fairfax, son of his brother William, on condition that he assumed the name and arms of Malbis. This settlement does not appear to be in existence, but the fact and the general purport of it appear from the subsequent legal proceedings. I shall have something more to say on this head presently.

The Rector's will' was dated June 7th and proved June 15th, 1393. He bequeathed to Richard Malbys a gold brooch, set with emeralds, a phylactery or charm [breve], which he usually wore on his breast, and a silver cup with the arms of Neville. A note on page 190 states that he was a younger son of William Fairfax of Walton, by Ellen, daughter of John Roucliffe of Roucliffe. There can be little doubt that this legatee is the Richard son of William Fairfax who took the name of Malbis.

One other Fairfax will helps us, that of Thomas of Walton, dated on the feast of SS. Fabian and Sebastian [Jan. 20], 1394-5, and proved on January 26th following. He appointed Richard Malbys, his brother, one of the supervisors. This Thomas is stated in a footnote to have been the son of William Fairfax, by Constantine, daughter and coheir of Peter de Mauley VII., and to have married Margaret, daughter of John de Friston of Marton and widow of Sir Robert Roucliff of Roucliff. This does not appear to be quite accurate; Thomas's mother was Ellen, daughter of John Roucliffe, and Margaret Friston was Thomas's second wife, his first wife and the mother of his children being Margaret Malbis.

Richard Malbis, formerly Fairfax, died on November 1st, 1401. He was not a tenant in chief, but for some reason or other the usual writ was directed to the Escheator to hold an inquisition. This is a fortunate circumstance, as we gain from it some very useful information.

1 Test. Ebor. i. 186.

2 The testator had been appointed one of the executors of the will of John, Lord Neville of Raby, in 1386, and had

a gilt cup left to him, probably the cup mentioned above. (Surtees Soc., Wills and Inventories, i. 40, 42.)

3 Test. Ebor. i. 203.

Inquisition held at York, July 12th, 3 Henry IV., 1402, after the death of Richard Malbyssh. The Jury say that he held no lands in Yorkshire in chief; but he held the manors of Acastremalbyssh, Copmanthorp and Scalton' to himself and the heirs of his body by grant from John Fairefax, clerk; the manors of Acastremalbyssh and Scalton are held of Richard Fairefax by knight service. He died on All Saints' Day last; William is his son and heir, aged 9 years and more.2

Here we get John Fairfax, the settlor, described as "clerk," which, coupled with the notes from the two wills just given, leaves little doubt, I think, of his identity with the Rector of Gilling.

The Richard Fairfax, of whom Acaster Malbis was held, was Richard Malbis's nephew, the eldest surviving son of Thomas, who married the Malbis heiress.

Skaife's pedigree states that Richard Fairfax alias Malbis died s.p. [which this Inquisition proves to be incorrect] at Bishopthorpe, leaving a widow Isabella, who proved his will on November 13th, 1401. This will is not in the printed Calendar, and no authority is given.3

Isabella, the widow, was not left in peaceful possession of Acaster; for, on the very day of her husband's death, Richard Fairfax, his nephew, took forcible possession. This we learn from her petition to the King in Parliament in the following year.

Petition of Isabell widow of Richard Malbys, 1402, 4 Henry IV. She had been peaceably seised of the manors of Acastre Malbys, Skalton and Coupmanthorp, co. York, by the gift and grant of Sir Thomas Colvyll, Sir Thomas Fitz Henry, John Conyers, and others, for a long time past, until All Saints' Day, 3 Henry IV., [1401], when one Richard de [sic] Fairefax, with a great number of armed persons, ejected her. She prays to be restored to possession, but is met with the curt answer: "Sue a la Commune Ley."

Apparently she took this advice, and sued at Common Law, having in the meantime married a second husband, one Nicholas Saxton.

Nicholas Saxton and Isabel his wife complained of Richard Fairefax, Guy Fairefax, "Rohandus" [or "Rohaudus"] Fairefax,

1 Now Scawten.

2 Inq. p. m., Chancery, 3 Hen. IV.,

No. 14.

3 After the above was in type, Mr. William Brown, F.S.A., sent me the following note:—“ Archbishop Scrope's Register, fo. 141d. Nov. 13, 1401, will of

Richard Malbys, esq., deceased, proved by Isabel, the relict and executrix. Unfortunately, the will has not been entered in the register."

4 Rot. Part. iii. 520; the original petition has been preserved, Ancient Petitions, No. 1096.

Thomas Fairefax, John Fairefax of Walton, Brian Fairefax, clerk, William Thwaytes of Merston in Ansty, William Davyll of Bilton, Thomas Davyll, Robert Bilsthorp,' Thomas Bilsthorp of Bilsthorp, William de Fencotes, esq., John de Synderby, John de Bentley of Benyburghlaunde, John de Hoton of Cathall, Richard de Basyngby [and others, named], for forcibly breaking the closes and houses of the said Isabel at Coupmanthorpe, Scalston and Acastre Malbys, and killing two oxen, four bullocks and twenty sheep, value 10 marks, there found, and seizing and taking away twenty oxen and thirty bullocks, value £30, there found, and trampling and consuming her corn and grass there, value roos., by depasturing cattle therein, and assaulting her men and tenants there, and beating, wounding and ill-treating them, and threatening them with death or mutilation, so that they for a long time dared not cultivate her land or do any other business there for fear of death, and thereby the said Isabel lost the rents and services of her men and tenants; and for doing other enormities, to the grave damage of the said Isabel and against the King's peace. The plaintiffs, by John Wither, their attorney, say that on the Monday after the Feast of St. Peter ad Vincula [Aug. 1], 2 Henry IV. [1401], the said Richard Fairefax and the others, armed with swords and bows and arrows, did these things, and assaulted and threatened William Duffeld, John Campsall and William Kitson, all of Acastre, her men and tenants, as aforesaid; etc. etc. She claims £100 damages.

Richard Fairfax appears by Thomas Lynton, his attorney, and denies the coming with force and arms, and the whole of the alleged trespass, except the taking of twenty oxen and thirty bullocks; and as to this he says that four of the oxen belonged to William Morys of Acastre, four to Roger de Walton of Acastre, six to John Betonson of Acastre, and six to John Campsall, and that ten of the bullocks belonged to John Moreton of Coupmanthorpe, eight to Henry Constable, six to Robert Watson, and four to Richard Morton, all of which persons had delivered the oxen and bullocks to him, so that it was lawful for him to take them, and he denies that they belonged to Isabel.

2

The plaintiffs thereupon joined issue, and the Sheriff was directed to summon a jury.3

I have not found any record of a judgment in this case. Richard Fairfax had started a cross-action against the Saxtons, and it is not unlikely that they abandoned their own action on having judgment given against them in the other.

1 Query, Wilsthorpe or Wilsthrop, near Bridlington.

2 This only makes 28, instead of 30.

3 De Banco 575, Mich., 6 Hen. IV., m. 134.

1404. Michaelmas Term.

Richard Fairfax v. Nicholas Saxton and Isabella his wife to give up to him the wardship of the land and heir of Richard Malbyssh, which belongs to the plaintiff by reason that the said Richard Malbyssh held his land of him by military service. The defendants did not appear, and had been distrained. The Sheriff was ordered to distrain them further, and in the meantime to make public proclamation at three full County Courts for them to appear in Easter Term.1

I cannot say whether the Saxtons appeared in Easter Term or not, but in Trinity Term, 1406, the case was argued.

1406. Trinity Term.

Nicholas Saxton and Isabel his wife were summoned to answer Richard Fairfax in a plea that they do give up to him the wardship of the land and heir of Richard Malbyssh, which belongs to him by reason that the said Richard Malbyssh held his land of him by military service. The said Richard Fairfax, by Thomas de Lynton, his attorney, says that whereas the wardship of the manors of Scalton, Acastre Malbys and Coupmanthorpe, and of William, son and heir of the said Richard Malbyssh, belongs to him by reason that one John Fairfax, Rector of the church of Gillyng in Ridale, kinsman of the said Richard Fairfax, whose heir he is, was formerly seised of the said manors in his demesne as of fee, and gave the same, with all appurtenances, etc., together with the name and arms of Malbys [cum cognomine et armis de Malbys], as fully and freely as he, the said John, ever had them, to one Richard, the son of his brother William Fairfax, to hold to the said Richard son of William and the heirs male of his body lawfully begotten, of the said John and his heirs by the service of one knight's fee and a yearly payment of 100 marks [£66 6s. 8d.] for the first 6 years, and thereafter one rose at the Nativity of St. John the Baptist, if demanded, and doing therefor to the chief lords of the fee the services due and of right accustomed. John Fairfax died without heir of his body, and the right to the services and the reversion descended to one Thomas, as kinsman and heir, namely son of William, brother of the said John; and from Thomas the right descended to Richard the plaintiff, as son and heir. The said Richard Malbyssh died in the homage of the said Richard Fairfax, and the said Nicholas and Isabel have unjustly deforced the said Richard Fairfax of the wardship aforesaid, whereby he is damaged to the amount of £300.

1 De Banco 575, Mich., 6 Hen. IV., m. 121d.