masons carpenters glasoners & plummers did viewe and survey the said chancell & decaies thereof and did minister unto everie of those artifices oths to depose (weighinge and consideringe the former chardge imploied and the present staite of the decaies what more sommes would yett be necessarie & needful to be imploied for the present reparations of the said chancell above the former charge. bestowed) And Thomas Walker & John Dobson masons have sworne and before us deposed by their othes, that the charge of the stonne skaffoldinge and workmanshipp of the stonne worke will yet cost thirtie pounds And George Chapman and James Bradley carpenters have sworne and deposed that the wood timber & bords is in decaie and will cost with the workmanship to be repaired the some of xxxiijli vjs viijd And Hercules Blande Xpofer Blande glaisoiers have sworne & deposed that there wanteth five hundred twentie fowre foot of glasse wch with the settinge upp thereof in .... workmanshipp will cost xiijli ijs And the said Xpofer Bland Hercules Bland Thomas Barker also exercisinge the arte of plummers have said and have testified by their othes that the Lead, sowder & workmanship will cost the somme of xxxli wch cometh in the whole to the some of cvili viijs viijd wch we thinke to be true and wilbe needfull. Theis things we testifie unto your honors to be that wch we have doone and expediated concerninge the exequution of his Maties Commission annexed. Thus with our praiers to thalmightie for your honors we humblie take our leave In testimonie whereof we have hereunto sett our handes and seales the ninth daie of Maie 1606. In the fourthe yeare of his Maties happie Reigne (of England) and of Scotland the thirty ninthe Henry Swinburn Richard Remington. 6 James I. Whereas Sir Samuell Sandes knight hath heretofore exhibited his byll of Complt. into this honourable Courte (against) Thomas Smyth & henrie Were defendts for & concerning three oxegangs of lande in Howden in the county of Yorke called Pall oxgange Clement oxgange & fflatt oxgange heretofore demised to the Plt. by the late Queene Elizabeth under the yearlie Rent of xxxijli xijs p. annm wch the deft® with helde from the sayd complt. and thereuppon the sayd defts. appeared & the said Smyth answered layinge downe therein that he claymed interest in fower oxegang of land there & p'tended the same to be Coppihold land holden by Coppie of Courte roll of the mannor of houlden accordinge to the custome of the sayd mannor and that he held the same as tennt to one Arthure Robinson but denied that he knewe any of those oxganges to be p'cell of Pall oxgange Clement oxgange & fflatt oxgange and thereupon the pft replied & the deft rejoyned & joyned in Comission for exaiačon of Witnesses in that matter wch beinge executed & returned and thereuppon publication beinge had & the cause this day beinge appointed to be heard. fforasmuch as uppon the hearinge of the sayd cause it appeared unto this Courte that the said Smyth claymed the p'mises in the right of the said Arthur Robinson whoe is not made ptie to the sayd suite and also for that it seemeth that Henrie Gates, gent. sonne of John Gates Esquire from whome the sayd Robinson claymeth to hold some pte of the sayd oxganges & is not named in this by wthout whome & the sayd Arthur Robinson being made pties to this suite the Courte conceaveth they cannot well pceed to end this cause. It is therefore thought fytt and ordered by the Courte that the sayd Robinson & Henrie Gates their names shalbe inserted in the plts bill & they to be named therein as defts and that thereuppon the sayd Robinson & Gates shall make an answere & thereuppon this Courte intendeth to pceed to the rehearinge of the same cause and in the meane tyme it is ordered that a Comission shalbe awarded to some of the Kings officers & to such others as Mr Baron Altham shall noiate to aucthorize them to enquire & fynde out where the oxgangs in question doe lye and in whose occupačon the same are & to sett the same out from thother oxganges which comission is appointed to be retornable mense Michis next. Howden Com. Ebor vijo die Octobr 1609. Fanshawe. We finde that there is three such oxganges of Lande as in the orders annexed to this Comission are sett downe in be inquired for lyeinge in the feildes of Howden called by the names of Polly oxgange Clement oxgange and flatt oxgange, one of the saide oxganges is now in the occupacon of one Frauncis Davye or his assigns The other two oxganges are in the occupacon of Arthur Robinson of London, gent., & Henry Gaites of Howden aforesayde, gent., or theire Assignes And that the full valewe of one oxgange or more if the same is in the saide Mr Robinson his occupačon or his Assignes And that there hath bine yearely Rent paide for the same to the Assignes of the Leassees of the Divident or Prebende of Skelton in the Countye of Yorke before the same Landes came to the handes of the sayde Mr Robinson & Mr Gates. Per Sacrm Thome Geare Steph. Fingley Gregory Rainforthe Willm Thackwray Robti Robinson Thome Smythe R'ci Cattall Willi Moreton Joħis Awdhus ffr: Pennington, Robti Osborne Nichi Petwardine Hugonis Eaxbye, Robti Nelson Jur: The writ attached is dated at Westminster xxx° June 7 James I. and directed to Walter Jobson Esquire, Feodary of the County of York, William Rookebie, gentleman, Marmaduke Machell, gentleman, and John Higdon, gentleman. Deposicons of Witnesses pducte sworne & examined by Frauncis Hildesley knight Henry Akewynde and Peter Langdale by virtue of a Commission to them and others directed taken at Howden the xith daye of September in the Tenth yeare of his Mat Raigne A.D. 1612. Cutbte Musgrave of Howden gent. aged lviij or thereabouts deposeth and sayeth as followeth : Beinge examined whether he doth knowe the lande nowe in question called Paley oxgange Clement oxgange and flatte oxgange he sayeth That he doth knowe of the said three oxganges of lande But sayeth that by the space of Eighteene yeares or thereabouts he did yearely receive the Rente of xxiiij for the said three oxgaungs of Lande videlt for two of the saide oxgange xxjli p. annu: at the handes of Anthony Atkinson and others the occupiers of the saide two oxgangs And that the said two oxgangs were then p'cell of a farme of three oxgangs & a half then in the occupačon of the saide Anthonye Atkinson or his assignes And the other viijli p. annu. for another of the said three oxgangs of Lande of one Jo. Birkenshawe & others the occupiers of the said lande. Cuthbert Musgrave. Robto Jackson of Howden in the Countye of Yorke Laborer aged lxviij yeares or thereabouts sworne & examined deposeth & sayeth as followeth : Beinge examined whether he knoweth two oxgangs of lande now in controv'sie called Paley oxgange and Clement oxgange he deposeth and sayeth That his mother, one Margaret Mascall did occupye & possesse three oxgangs and a halfe of lande lyeinge in Howden feildes of wch three oxgangs & a half he sayeth that two of them were the sayde two oxganges called Paley oxgange & Clement oxgange But wch of the three oxgangs & a half were the said to oxgangs he knoweth not, But sayeth he dothe knowe the bounders of the whole three oxgangs and a halfe but cannot bounder or laye out the two oxgaungs by itselfe And further sayeth that his said Mother did paye yearely xxjli Rente for the saide two oxgangs of lande to Mr Cutbte Musgrave or his Assignes Beinge further examined whether theis sayde three oxgangs and a halfe of land menconed in this former deposition of Cutbte Musgrave in the occupacon of Anthonye Atkinson were the same three oxgangs and a half of lande menčoned in his owne deposičon to be in the tenure of Margaret Mascall his mother he sayeth that they are the same three oxgangs and a half and noe other. Robert Jackson. The verdicte of Thomas Geare Xpofer Concett Thomas Smyth Thomas Dunne Edward Foxe Robt Nelson Robt Atkinson Thomas Wetherell Laurence Pattrick Robte Apethorpe Richard Jackson & Willm Storme sworne by the saide commissons for enquirye of the said two oxgangs of Lande called Paley oxgange & Clement oxgange given up under theire handes to the handes of Sr Frauncis Hildesley knight & Henry Ackwyd gent. two of the Commissions aforesaide the ffiftht daye of October in the yeare aforesayd. We find by one evidence that there is such two oxgangs in the feildes of Howden as abovenamed nowe enquired of and that they have bine in the occupacon of one Richard Mascall and after in the occupačon of Mr John Gates Esquier wch occupiers paide Rent to the Divident of Howden yearely xvijli And yt doth further appeare by the Oath of Robert Jackson of Howden that Richard Mascall his ffather in lawe had three oxgangs and a halfe of lande in Howden ffeldes in his occupačon and the saide three oxgangs and a halfe of lande is nowe in the occupacon of Thomas Smythe of Howden & others as appeareth by a bounder sett forthe by the said Robert Jackson of the saide lande he sayth that two out of the saide three oxgangs & a halfe are the two oxgangs nowe enquired of being called in antient tyme the Church Lande. But the landes of the said two oxgangs from the landes of the other oxgange and a halfe he knoweth not pticlerlye but doth sett them forthe together as followeth : Theis are in the occupacon of Thomas Smythe of Howden as followeth : Imprimis in the Flatt feilde & Bownell two acres & a halfe. Itm in the Nornebye one acre and a halfe. Itm in the Corne Close three Roodes. It in the Little Close joyneinge uppon the old Lawne three Roods. It in the Howeinge three Roods being two dales together. It in the yarnshawe one acre three Roodes & a halfe lyeinge in three dales & three single Roodes, Itm in the Townend Close one acre & a halfe and halfe a Roode & the fourth pte of halfe a Roode. Itm in the Buttfeilde one acre in three landes buttinge uppon the Townend Close. Itm three Roods buttinge uppon the broades, one acre and three Roods in a furlonge lyeinge East & West. It two halfe Acres Lyeinge together in the same feilde. Itm one headlande conteyninge a Roode & a halfe one half acre Itm in the dikesmarshe feilde three halfe acres. Itm in the Elromes three Roodes & a halfe in two landes. Itm in the Owsecarr feilde three acres beinge foure halfe acres one of them beinge a headlande one three Roode Lande and a single Roode. Itm in Owsecarre foure acres three Roods & a halfe lyeinge in five three Roode landes & three halfe landes. Itm in the Booth feilde three acres in five landes one beinge an acre and a halfe one halfe acre two beinge three Roodes and a single Roode. Itm in the Spainbridge foure landes conteyninge an acre and a halfe three of them buttinge uppon Knedlington feild & two three Roode Landes buttinge uppon boothe feilde. It more in the occupacon of Willm Anderson of Boothe one five Roode Lande in the Buttfeilde. More in the occupacon of Robte Stevenson of Howden, Draper, as followeth : Itm halfe an Acre in the Bownell. Itm in the Buttfeilde three Roodes buttinge against the Broades and three Roodes buttinge against the Smaleings bottomes and two Roodes more about the midest of the feilde. More in the occupacon of Robte Stephenson. It in the Smaleings bottomes one acre lande. Itm in the Elromes one acre & a halfe in two landes. Itm in the one three Roode lande, one halfe acre lande, two landes conteyninge three Roodes and two Roodes. Itm in the Boothefeilde one Acre in three landes beinge one halfe acre and two Roodes. It in the Spainbridge feilde one three Roode lande in the Lowe Spainbridge & one three Roode lande buttinge against Boothe feilde & one Roode & a halfe buttinge against Boothe feilde. |