Ellerton.info

Centrally recorded land conveyances, 1172-1625

Fines, or final concords, were originally (from the late 12th century) a procedure in the king's courts for enrolling agreements, following disputes between two or more parties. Land conveyances in the medieval period suffered from not having a central registry to record conveyances and help prevent fraud. By the late 13th century a work-around was developed by lawyers of turning the conveyance into a fictitious legal dispute between the parties. This resulted in a copy of the final agreement, or concord, between the purchaser, known as the querent or plaintiff, and the seller, known as the deforciant, being filed with the records of the king's court and open to public inspection. This final agreement was normally written out three times on a single sheet of parchment - two copies side by side and one copy across the bottom of the sheet, then cut into three parts, using indented or wavy lines. The purchaser kept one copy, the seller the other and the final copy - 'the foot of the fine'- was kept by the court as a central record of the conveyance. It was a means of having title registered to guard against subsequent fraud or forgery as copies if this three piece jig-saw would only fit together if genuine.

The Feet of Fines records, held in TNA, are under references CP 25/1 for conveyances before 1509, and CP 25/2 for conveyances 1509-1833. They are arranged by year and law term. There were four legal terms per year:

There is no central index for the Feet of Fines records, but fortunately for Yorkshire the Fines for 1172-1189 have been published in the Yorkshire Archaeological Journal volume 40, and 1189-1199 in volume 11. The Fines for for the period 1199-1214 were published in the publications of the Surtees Society, volume 94.

 

These three volumes have been checked, and only one Fine was found.

 

 

1172-1214

 

Surtees Society, volume 94, pages 110-111

CCLXXX VII. Ibid . a die Paschae in unum mensem, Inter Gilebertum de Gant pet., per Johannem Clericum positum loco suo etc., et Willelmum filium Rannulphi [Note 1] deforciantem, de annuo servitio duorum osturcorum, quod exegit ab eo de una car. terrae cum pert, in Elreton, quod servitium ei non cognovit. Et unde recognitio magnae assisae summonita fuit etc., scil. quod predictus Gilebertus remisit etc. de se et her, suis eidem Willelmo et her. suis totura clamium etc. in uno predictorum osturcorum. Et pro hac quieta clamantia idem Willelmus recognovit eidem Gileberto servitium alterius osturci, ita quod predictus Willelmus et heredes sui tenebunt de ipso Gilebcrto et her. suis predictam car. terrae cum pert. per servitium unius osturci sori, et sane et integre reddendo per annum ad curiam ipsius Gileberti apud Hundemaneby inter festum Assumptionis B. Mariae (Aug. 15) et festum Nativitatis ejusdem (Sept. 8) pro omni servitio, salvo forinseco servitio.

 

Between the plaintiff Gilbert de Gant., by John the clerk his attorney, etc.., and William son of Rannulph, [Note 1] deforciant, of an annual service of two goshawks, one of which is renderdered for a carucate of land, with appurtenances, in Ellerton, which service was not recognized. And in recognition of which the great assise was summoned, etc.., Namely,. that the said Gilbert acknowledged etc. concerning himself and his heirs, to the said William and his to heirs his entire claim etc. in one of the aforementioned goshawks. And for this quitclaim the said William acknowledged to the said Gilbert the service of the other goshawk, in such a way that the said William and his heirs shall take hold of him and her Gilbert the said carucate of land, with appurtenances, by the service of one sor goshawk, and with more of the same court, paying yearly, and in its entirety to Gilbert at Hundemaneby, between the feast of the Assumption of the Blessed Mary (Aug. 15) and the feast of the Nativity of the same (Sept. 8) for all service, saving forensic service.

 

Basically: (April 22-May 20, 1207) William son of Ranulf (the son of Ranulph Fiiz Walter, and father of Thomas de Greystoke) made an acknowledgment that he would render yearly to Gilbert de Gant one sor goshawk, to be delivered yearly...... in respect of one ploughland which he held of Gilbert at Ellerton

 

 

The period 1218-1377 is much fuller, and has been published by the Yorkshire Archaeological Society.

 

1218-1377

 

Plaintiffs	Deforciants	Nature and Situation of the Property	Year
Feet of Fines for the county of York, from 1218 to 1231, YASRS 62
Margery, who was wife of Roger Thoch	John, Prior of Ellerton, by Jordan of Menetorp, his attorney	One third part of 20 acres of land and a toft in Aughton, which she claims as her dower	1219
Robert, Abbot of S. Mary of York	Thomas son of William	As to the making of bounds between the Abbot’s land of Cottingwyth and Thomas’s land of Ellerton, as to which a perambulation had been taken by 12 knights chosen by consent. The perambulation shall stand, by these bounds: from the watercourse of Derwente against the hill to the east to the dyke between Ellertonridding and Riskholm; and so by that dyke as far as the eastern corner thereof; and so towards the east as far as Blakesandwadker; and through the middle of Blakesandwadker by the metes and bounds which the said 12 knights have made; and so by the south side of the dyke which William of Estutevill made to the head of Nordscoliheved to the east; and through the middle of the moss (mussam) eastward by bounds made as far as Thursmare. So that what lies to the north side of the said bounds shall remain to the Abbot and his successors, so much as belongs to Thomas and his heirs, who shall not exact nor claim any share or common therein. And whatever lies to the south side thereof shall similarly remain to Thomas, so much as belongs to the Abbot etc. And the whole pasture of Thursmare to the east and south, between the bounds of Robert of Ros, of Scorthwait and of Medeburg, and the ancient road on the south and east side of Landrikemose, shall remain in common, as well to the Abbot and his successors as to Thomas and his heirs: so that each party may dig his turves there and sell or give the same and use the pasture at his will and convenience; saving the right of any other person.	1226/7
Roger Hay	John, Prior of Ellerton	Advowson of Aughton Church. The right of Roger. Roger gives half a carucate of land in Guthmundeham , once held by Hugh son of Robert and Herbert son of Romund: to hold to the Prior and his successors and his church of Elreton in frankalmoign, quit of all service and demand: with warranty. Roger, for himself and his heirs, quitclaims to the Prior and his successors and his church of Elreton the advowson of Elreton church, formerly a chapel belonging to Acton church. Roger also grants to the Prior and his successors 6 bovates of land in Guthmundeham and a yearly rent of 10 shillings, to be received from Herbert Godt for a bovate of land that he holds of Roger in that vill, with villans, cottagers holding villenages, to wit whatsoever he holds in that vill – saving to Roger and his heirs the capital messuage there: to hold to the Prior and his successors and his church of Elreton from Michaelmas 14-15 Henry III, for 10 full years next ensuing, so that they may take from the said bovates 10 crops (vesturas). On the completion of the said term, the whole demesne, with villenages and cottages, shall revert to Roger and his heirs. Warranty. The Prior, at the end of the term, shall give Roger 2½ marks. The Prior receives Roger into the benefactions henceforth to be made in his house of Elreton. Endorsed: Robert of Mesnil puts in his claim touching the advoson of Turgraneby church.	1228
John, Prior of Ellerton, by brother Godfrey his canon and attorney	Walter son of Geoffrey of Hugate, impedient	As to half and acre and the site of a sheepfold in Hugate. The right of the prior to hold to him, his successors and his church of Elreton, of Walter and his heirs in frankalmoign, quit of all secular service and demand warranty	1230
Feet of Fines for the county of York, from 1232 to 1246, YASRS 67
Walter, so of Gilebert	Yvo, Prior of Ellerton, whom William son of Walter has called to warrant, warrantor	As to 2 bovates of land save 1½ acre, and a toft in Ellerton. And between the same claimant, and the same Prior, whom Simon son of Aubrey has called to warrant, warrantor. As to 2 bovates of land, save 1½ acre, in that vill. Quitclaim by Walter to the Prior, his successors and church. The Prior gives 18 marks of silver.	1240
Yvo, Prior of Ellerton	William, son of Hugh and Alice his wife, impedients	As to a bovate of land in Little Habeton. The right of the Prior and his church of Ellerton, as of the gift of William and Alice, to hold to the Prior, his successors and church, in frankalmoign; doing to the chief lords of the fee all service due. Warranty. The Prior receives William, Alice and her heirs, into all etc.	1240
Geoffrey, Prior of Ellerton	Alan of Nevill and Johan his wife, impedients	Two tofts and one bovate of land in Houhom	1246
Feet of Fines for the county of York, from 1246 to 1272, YASRS 82
John Hay	William Creystoc, tenant	As to 12 acres of land and 10 acres of wood in Acton . The right of John. John grants the land to William to hold to him and his heirs, of John and his heirs; rendering yearly 1 lb of cimin, at Nativity S. John Baptist, and doing forinsec service. Warranty. The wood shall remain to John and his heirs: to hold of the chief lords of that fee by the services due. William, so far as he may, grants that John and his heirs may have a way 20 feets wide, extending from Acton Cross to a wood called Lavenum; so that John and his heirs may take wood from Lavenum and whatsoever they like by carts and wagons and likewise drive their cattle by that way at will, without gainsay or let of William and his heirs. Endorsed: And the Prior of Allerton puts in his claim to common of pasture in the wood and to the way.	1252
Geoffrey, Prior of Ellerton, by brother Hugh of Wytheton, his canon and attorney	Alan of Nevill and Johan his wife, impedients	Half a carucate of land in Howm	1247
Feet of Fines for the county of York, from 1272 to 1300, YASRS 121
Robert, prior of St. Mary of Ellerton	John de Ridale and Aline his wife, impedients	Of 4 tofts, a carucate and 4 bovates of land and 4s.-worth of rent in Guthemundham , Hugate and Lathum. Warranty of Charter.The above with the homage and whole service of William de la Gerge and his heirs in respect of the whole tenement which he once held in Hugate of John de Houeden, Aline’s cousin whose heir she is, is acknowledged as the right of the Prior and his church. Remission, quitclaim and warranty by John and Aline for themselves and Aline’s heirs. For 40s. of silver. Made in the presence and with the consent of William who acknowledges that he holds his lands of the Prior by assignment of John de Houeden.	1294
Feet of Fines for the county of York, from 1300 to 1314, YASRS 127
Nil
Feet of Fines for the County of York from 1314 to 1326, YASRS 158
Nil
Feet of Fines for the county of York, from 1327 to 1347, YASRS 42
Thomas de Pykeryng, chevalier, and Elizabeth his wife	Adam de Marays, chaplain	Of 20 messuages, 120 acres and 21½ bovates of land, 92 acres of meadow, 200 acres of pasture, 26 acres of wood, 60 acres of marsh, 7s. 8d. rent, and half a mill, in Ellerton in Spaldyngmore, Aghton, and Beilby, together with the homage and service of Thomas de Tanstem and Adam de Hayton. To hold, as to 8 acres of meadow in Aghton, to Thomas and Elizabeth and the heirs of Thomas. And as to all the residue, to hold to Thomas and Elizabeth for their lives; remainder, as to 4 messuages, 4 bovates of land, and 20 acres of meadow, in Beilby, to Richard so of the said Thomas, and the heirs of his body; remainder to Robert, brother of Richard, and the heirs of his body; remainder to the right heirs of Elizabeth. As to all the residue, remainder to the said Robert and Maude his wife, and the heirs of the body of Robert; remainder to the said Richard and the heirs of his body; remainder to the right heirs of Elizabeth.
Henry le Scrop of Manefeld and Agnes his wife	Robert de Pykeryng of Ellerton and Maude his wife	One messuage in York	1343
Ralph de Lascels, chevalier, and Isabel his wife	Simon de Munketon, parson of Escrick, and William, son of John Jakeson of Ellerton, chaplain	House and land in Hessay and Merston	1344
Feet of Fines for the county of York, from 1347 to 1377, YASRS 52
Nil

There then follows a gap from 1378-1484, but this period is currently being worked on and the abstracts so far can be found on the SOME NOTES ON MEDIEVAL ENGLISH GENEALOGY website.

 

1378-1484

 

CP 25/1/278/146, number 1.

Date: The day after All Souls, 15 Richard [3 November 1391].

 

Parties: James de Pykeryng', knight, querent, and John Smyth' of Chepyngmerlay the elder and Alice, his wife, deforciants.

 

Property: 2 messuages, 2 tofts, 20 acres of land and 2 and a half acres of meadow in Ellerton' and Lathom'.

 

Action: Plea of covenant.

 

Agreement: John and Alice have acknowledged the tenements to be the right of James, of which he has 1 messuage, 1 toft, 12 acres of land and the meadow of their gift, and have remised and quitclaimed them from themselves and the heirs of Alice to him and his heirs for ever. And besides John and Alice granted for themselves and the heirs of Alice that 1 messuage, 1 toft and 8 acres of land - which Julian, who was the wife of Robert Sayne, held in dower of the inheritance of Alice in the aforesaid vills on the day the agreement was made, and which after the decease of Julian ought to revert to John and Alice and the heirs of Alice - after the decease of Julian shall remain to James and his heirs, to hold of the chief lords for ever.

 

Warranty: Warranty.

 

For this: James has given them 20 marks of silver.

 

 

CP 25/1/280/153, number 21.

Date: The day after St Martin, 3 Henry [12 November 1415].

 

Parties: William Whitby, querent, and William Walker of Smeton' and Alice, his wife, deforciants.

 

Property: 4 tofts, 17 acres of land and 3 and a half acres of meadow in Ellerton' in Spaldyngmore.

 

Action: Plea of covenant.

 

Agreement: William Walker and Alice have acknowledged the tenements to be the right of William Whitby, as those which he has of their gift, and have remised and quitclaimed them from themselves and the heirs of Alice to him and his heirs for ever.

 

Warranty: Warranty.

 

For this: William Whitby has given them 10 marks of silver.

 

 

CP 25/1/294/77, number 138.

Date: One week from the Purification of the Blessed Mary, 21 Edward IV [9 February 1482]. And afterwards two weeks from Easter, 22 Edward IV [21 April 1482].

 

Parties: Richard, duke of Gloucester, William Beuerley, chaplain, Richard Danby and John Kendale, querents, and Geoffrey Fraunk', esquire, and Margaret, his wife, deforciants.

 

Property: The manors of Eskerig' and Ellerton' sup Derwent' and 47 messuages, 500 acres of land, 54 acres of meadow, 200 acres of pasture, 200 acres of wood and 50 shillings and 8 pence of rent in Eskerig', Ellerton' sup Derwent', Naburn' and Scorouton' and also the advowsons of the churches of Eskerig' and Kirkeby Underknoll' in the county of York and the manor of Barbron' and 20 messuages, 300 acres of land, 20 acres of meadow, 200 acres of pasture and 200 acres of wood in Barbron' and Middilton' in the county of Westmorland.

 

Action: Plea of covenant.

 

Agreement: Geoffrey and Margaret have acknowledged the manors, tenements and advowsons to be the right of William, of which William, the duke, Richard Danby and John have the manors and 66 messuages, 800 acres of land, 74 acres of meadow, 320 acres of pasture and the wood and the rent and the advowsons of their gift, and have remised and quitclaimed them from themselves and the heirs of Margaret to the duke, William, Richard and John and the heirs of William for ever.

 

For this: The duke, William, Richard and John have granted to Geoffrey and Margaret the same manors, tenements and advowsons and have rendered them to them in the same court, to hold to Geoffrey and Margaret, without impeachment of waste, of the duke, William, Richard and John and the heirs of William for the lives of Geoffrey and Margaret, rendering yearly a rose at the Nativity of St John the Baptist for all service, and doing to the chief lords all other services. And besides the duke, William, Richard and John granted for themselves and the heirs of William that 1 messuage and 80 acres of pasture in the vill of Eskerig' - which John Lawney and Eleanor, his wife, hold for the life of Eleanor of the inheritance of William on the day the agreement was made, and which after the decease of Eleanor ought to revert to the duke, William, Richard and John and the heirs of William - after the decease of Eleanor shall remain to Geoffrey and Margaret, to hold, without impeachment of waste, together with the aforesaid manors, tenements and advowsons of the duke, William, Richard and John and the heirs of William by the aforesaid services for the lives of Geoffrey and Margaret. And after the decease of Geoffrey and Margaret all the manors, tenements and advowsons shall revert to the duke, William, Richard and John and the heirs of William, quit of the heirs of Geoffrey and Margaret, to hold of the chief lords for ever.

 

 

The Fines for all of the Tudor period have been published by the Yorkshire Archaeological Society in their Record Series as volumes, 2, 5, 7 and 8, as well as the early Stuart period, up to and including the reign of James I in volumes 53 and 58. This total period spans 1485-1625, and the returns for land conveyances in Ellerton have been extracted below.

1485-1625

Key for using the tables

Plaintiffs: the purchaser(s)

Deforciants: the seller(s)

Year-L: the Year plus the legal term, i.e M=Michaelmas; H=Hilary; E=Easter; and T=Trinity.