Wawn Family Records - Part I

WAWN FAMILY RECORDS

CHAPTER I.

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1033—1350.

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ACCORDING to a charter by King Cnut dated 1033, the full text of which is set out in Farrer's Early Yorkshire Charters a the King granted to Alfric, Archbishop of York, 43 casatib of land in Patrington,c the boundaries of which land are given in the Anglo-Saxon of the original, the charter ending thus: "I Knut, king of the English, with a willing mind, have made this gift; I Aluiua, the queen, have consented; I Athelnod, the archbishop, have confirmed; I Alfric, the archbishop, have confirmed; I Alfwine, the bishop; I Atheric, the bishop; I Brihtmer, the bishop; I Athelstan, the bishop; I Godwine, duke; I Leofric, duke; I Siward, duke; I Alfwine, duke; I Osgod; I Toui; I Thurcil; I Harald; I Thord; I Auti; I Halfden; I Godric; I Alfric; I Rold; I Swane; I Orm; I Ulfkitel; I Forna; I Godwine; I Fartheni; I Ketel; I Mergeat; I Gamel Asbearn; I Rafen; I Gamel; I Basing; I Orm."

Then in a list of Alfric's "Festermen," or sureties, circa 1050,d we have (amongst others) the following names: Ulfcetel,e the king's reeve, Wulstain, Ulf,f Fardain,g the greeve, Ascetel, Gamal,h

Vol. I, p. 23.

(b) The casatus, or the habitation of a family, was the equivalent of the later carucate.

(d) Farrer's Early Yorkshire Charters, Vol. I, p. 27. The Alfric named must not be too readily accepted as Alfric, Archbishop of York 1023—1050 (ibidem, p. 28).

(e) Ulfkitel is mentioned in the charter of 1033.

(f) Ulf is mentioned in Domesday Book.

(g) Fartheni is mentioned in the charter of 1033.

(h) For Gamellus Fitz Ketel, vide Chronica Monasterii de Melsa, post, where he is stated to have come from France with William I. His name, however, appears more Saxon than Norman, and he may have been a Saxon who adhered to William after the Conquest, and accompanied the King when the latter returned to France in 1067. The exit of Gamellus from France mentioned in the Chronica Monasterii de Melsa would thus refer to the King's return to England after his expedition to France.

the priest, Godwina,a Ardolf and Forna,b Siuerd,c Ceteld the priest, Gunner, Ulfcetel the priest, Ulf the priest, Wulfric and Justan.

After the Norman Conquest in 1066, the Domesday Survey was made in 1086, and this Survey supplies considerable information as to the King's tenants-in-chief and their undertenants in that year.

Apparently the archbishop had retained Patrington and also held the township of Waghen, which is stated to be a soke belonging to Aldbrough,e where also Ulf held nine carucates of land to be taxed, whilst of the eleven instances in which Basing is mentioned in the Yorkshire section of the Domesday Book f those in the East Riding are as follows: in Ballebi,g Orm and Basin have four bovates of King's lands to tax;h in Cave,i Basin and Ulf and Torchil hold two manors, the lands of Count Morton;j in the other Cave,k Tored, Basin, Mule, Aldred, Turstan and Ulfiet hold seven carucates and two bovates to be taxed, being lands of Robert Malet;m in Hode,n Orm and Basin hold one carucate and a half to be taxed, being lands of Robert Malet;o and in Sprotele,p Basinc, Forne and Tor have four carucates of land to be taxed, being lands of Drogo of Bevrere.q

(a) Godwine is mentioned in the charter of 1033.

(b) Forna is mentioned in the charter of 1033. Forne is mentioned in Domesday Book.

(d) Ketel is mentioned in the charter of 1033. Ketel also held before the Conquest the manor of Acaster Selby.

(e) Aldbrough, 11 miles N.E. of Hull.

(f) Horsfall Turner's Yorkshire Place Names in Domesday, p. 246.

(g) Now Belby, a parish in the East Riding of Yorkshire, one mile N.E. of Howden. Orm and Basin had each a hall at Belby (Skaife's Yorkshire Domesday Book).

(h) Domesday Book (Ordnance Survey, facsimile copy (Yorkshire Section), pub. 1862), p. vii. Orm and Basin are both mentioned in King Cnut's charter of 1033 ante.

(i) Now South Cave, 10 miles west of Hull.

(j) Domesday Book, 1086, p. xvii. Basing and Thurcyl are both mentioned in the charter of 1033.

(k) Now North Cave, 12 miles west of Hull.

(m) Domesday Book, 1086, p. xlvi. Thord and Basing are both mentioned in the charter of 1033. A carucate of land varied from 120 to 180 acres.

(n) Now Hotham, three miles N.W. of South Cave. See Farrer's Early Yorkshire Charters, p. 17.

(o) Domesday Book, 1086, p. xlvi. Orm and Basing are both mentioned in the charter of 1033.

(p) Now Sproatley, seven miles N.E. of Hull.

(q) Domesday Book, 1086, p. lv. Basing and Forna are both mentioned in the charter of 1033. The Forne here named may be Forne of Skirpenbeck, who had with Orme three dwelling-houses in York under Odo the crossbowman, lord of Skirpenbeck, at the time of the Domesday Survey.—Vide Farrer's Early Yorkshire Charters, p. 173.

Basing also had a manor in Badthorpe, for it is found according to the biographical notes on the Yorkshire tenants named in Domesday Book given in the Yorkshire Archaeological Society's Journala that Landric acquired, how it does not appear, Basin's manor in Badthorpe,b and Chetel'sc in Acaster.d

In describing the foundation of the abbey of Meaux, Poulsone says an instrument, set out in Dugdale's Monasticon Anglicanum,f explains how the founder became possessed of Meaux, or Melsa, itself also the cause of the name and of its separation from the adjoining lordship as follows: Before this time, Gamellus Fitz Ketele, of Melsa, the grandfather or father of the said John de Melsa, with William Bastard, the king and conqueror, withdrawing from the aforesaid city of France, the place called Meaux, with others in these parts of Holderness, is allotted for their habitation; and from the memory of the city of their departure, put the name to this place which they inhabit, that it might be called Meaux. Afterwards, Adam, our first abbat, with the consent of the aforesaid earl and of the said Lord John de Meaux, knt., put the latin name, that it might be called Melsa, because it might differ in name from the said city of France, called Meldis; and by reason of the delight of religion continually to be obtained therein, it might not unjustly be compared to the savour of honey. The said Gamellus, an inhabitant, and others, collateral lords, also inhabitants,—to wit, the lord Basyng de Waghen, Siward de Sutton, Franco de Fawconberge, of Rise, Richard de Scruteville, of Rowthe,g—were contemporaneous and

(a) Vol. IV, p. 397.

(b) The present name of Badthorpe is not known, though it was somewhere in the Ainsty. Skaife, in his Yorkshire Domesday Book, suggests that it was the place now known as Middlethorpe, two miles south of York.

(d) Acaster Selby, according to Farrer (Early Yorkshire Charters, Vol. I, p. 356), where, in King Edward's (the Confessor's) days Chetel held a manor assessed at six bovates of land, which manor at the time of the Domesday Survey Landric, possibly the carpenter of York Castle, held.

(e) Poulson's History of Holderness, Vol. II, p. 291.

(f) Dugdale's Monasticon Anglicanum, Vol. I, p. 793 et seq. Evidently Dugdale obtained his information from the Chronica Monasterii de Melsa where this same passage is found (Chronica Monasterii de Melsa, Rolls Series, Vol. I, p. 78); or he may have taken it from Burton's manuscripts, in the abbat's own hand, in the Bodleian at the British Museum.

(g) Chronica Monasterii de Melsa, Vol. I, p. 78.

agreeable after the war of the Normans in the aforesaid towns; who, after the aforesaid war, the kingdom being in peace, of their common council, and providing for the convenience of their heirs, placed bounds between themselves, distinguishing certain measures of their possessions to bear evidence in time to come: (then follow the boundaries of Meaux.)

This is the earliest mention to be found of the name of Waghen from which it appears that Lord Basyng de Waghen was contemporary with Gamellus Fitz Ketel who came to England from France with William I.a Whether Lord Basyng de Waghen also came over from France with the Conqueror it is impossible to say, though the fact that he was, after the conquest, a feudal lord may lend force to such an argument, but in face of the earlier records of Basing it appears more strongly that he was a Saxon who had held lands before the conquest as a thegn and after the conquest as an under-tenant. Certainly as a feudal lord he would be in possession of considerable lands.

Fuller, in his Ecclesiastical History, states that surnames were brought out of France into England in the time of the Confessor, but not universally settled till some hundreds of years afterwards,b but it appears to be clearly established that the descendants of Lord Basyng de Waghen adopted and retained the surname of de Waghen. Certain it is, says Camden,c that the better sort of people, from the time of the Norman Conquest, by little and little, took surnames, although surnames were not fully settled among the common people until about the time of Edward the Second, in the beginning of the fourteenth century.

(a) According to Farrer's Early Yorkshire Charters, Vol. I, p. 372, Henry II, in 1159-1160, granted a mandate to Gamel son of Basing (bailiff of Snaith), that the monks of Selby should have their share of land improved from the wood of Balne, since the death of Henry I, proportionate to their land in the fields of Pollington, to which that wood belonged. The same year the king granted a mandate to Gamel son of Basing (bailiff of Snaith), that the monks of Selby should have in peace those five bovates of land in Pollington, particularly near the Went, as they had them in the time of Henry I. The incidence of these names tends towards the inference of some connection.

(b) Thompson's History of Swine, p. 252.

That the family took the surname of de Waghen from the earliest times is supported by the fact that the son or grandson of Lord Basyng de Waghen was Sir Peter de Waghen, knt.,a who was the principal feudal tenant of the Earl of Albemarle,b and whose descendants all retained the surname of de Waghen.

For records of this Sir Peter de Waghen and his descendants we are fortunate in having The Chronicles of the Monastery of Meaux for reference. These Chronicles, in Latin, have been reprinted by the Government in their Rolls Series. They were written about 1400, after his retirement, by Thomas de Burton, 19th abbot of Meaux, who was elected in 1396 and resigned in 1399. They are a record of the monastery, and it should be remembered that he wrote only from the point of view of the monks, whose chief consideration was the matter of their possessions and their manner of acquiring them.c

The chronicler statesd that William le Gros, Earl of Albemarle, gladdened by the progress made by the monks in the building of the monastery after its foundation by him in 1150, followed up his first foundation by a further extensive grant of land, viz., the wood of Routh and the whole of his proper patrimony in Waghen, or Wawne, immediately to the south of Meaux itself, which he held of the Archbishop of York, together with the service of Peter de Waghen, his knight, his tenements and the church of Waghen; but coupled unfortunately, says the chronicler, with the condition that the earl should compensate

(a) The church of Waghen is dedicated to St. Peter. Prior to 1230 the living was in the gift of the abbot and convent of Meaux.

(b) William le Gros, Earl of Albemarle, grandson of Drogo de Bevrere, under whom Lord Basyng de Waghen held lands in Sproatley. Vide Chron. Monast. Melsa, Vol. I, pref. p. xviii.

(c) Upon the founding of the monasteries the common people soon began to revere the voluntary severities which the monks suffered. Their hard food and harder beds, their constrained attitudes and short interrupted rest, their haggard looks and constant prayer, made them not only appear examples of faith and penitence, but induced their worshippers to heap wealth upon them in proportion as they professed to despise it, and to lay before them the gratifications of the world— distinctions and obedience—in proportion as they declared both to be evil and unworthy machinations. "My vow of poverty," exclaims a Benedictine abbot, "has given me a hundred thousand crowns a year, my vow of obedience has raised me to the rank of a sovereign prince." (Gibbon, c. xxxvii, note 56.)

(d) Chron. Monast. Melsa, Rolls Series, I, pref. p. xviii. The references herein are all to the Rolls Series reprint.

Sir Peter with another estate elsewhere and in the meantime that the abbey should be content with the services due to the chief lord.a

About 1160, Robert de Meaux (or de Melsa), son of Sir John de Meaux, who owned Melsa, gave the abbey an oxgang and six perches of land in Waghen, which he held of Sir Peter de Waghen.b Rayner de Sutton gave two bovates in Waghen, which he, as well as Robert de Meaux, held of the said Sir Peter de Waghen, knt., and which Sir Peter held of the abbey by knight service.c In the same year Sir Peter de Waghen gave all his land in Waghen to the abbey in exchange for de la Lund, and gave them leave to make a ditch in the marsh of Waghen to the river Hull, for releasing him from foreign service.d We also find that Sir Peter de Waghen assisted Sayer de Sutton, the king's bailiff and son of Amandus de Sutton, in improving the lands in and near to the West Carr at Sutton by drainage works.e

In or about 1160 Matilda (or Maud) Camyn, the daughter of Hugh Camyn and wife of the said Robert de Meaux, made a grant to the monks of four oxgangs of land in Wyk de Miton (Myton) and pasture for 800 sheep, together with certain tofts, fisheries, saltpans and all liberties and free customs thereto belonging, and the grant was witnessed by (amongst others) Juliana, the wife of Richard de Waghen,f and mentions Lady Anor, the mother of Juliana.

About 1199, Osbert, son of Sir Peter de Waghen (to quote

(a) Burton says unfortunately; it was so for the monastery, for as the earl died without having fulfilled the condition, Sir Peter and his heirs retained the land in their holding until, ninety-nine years after, a lineal descendant, in his extreme old age, became a monk in the house and the estate came absolutely to the convent. (Chron. Monast. Melsa, I, pref. p. xviii.)

(b) Poulson's Holderness, Vol. II, p. 281.

(d) Poulson's Holderness, Vol. II, p. 281.

(e) Blashill's Hist. of Sutton-in-Holderness, p. 33.

(f) Sheahan's Hist. of Kingston-upon-Hull (pub. 1866), p. 36. A facsimile copy of this grant appears between pp. 8 and 9 of Frost's Notices of the Early History of the Town and Port of Hull (pub. 1827).

the words of the monkish chronicler concerning the lands acquired by the monastery in Waghen and Sutton and the pasture land in the West Carr at Sutton) "by divers charters and interchanges gave to us one bovate of land and one toft appurtenant to it, one farm and a man, the tenant of the said farm, with his children, one selliona and two cultures and a water there which then (1199) was called Thornefleet; but which was this water is entirely unknown. Moreover, the same Osbert gave a capital house at Beverley which we have acquired from Hugo Porter and Isabella his wife. He gave also to the priory of Kyllyngb a tenement which he held there. And his issue were Peter, who died a monk amongst us, and Elena and Ineta, sisters of the said Peter, to whom reference is made hereafter."c

This same Osbert de Waghen is also found as a witness to a grant by Robert de Skirlaw of a parcel of garden ground in Beverley 60 feet in length and 30 feet in breadth (formerly held by William Fitz Leofric) to the church of St. Mary at Rievaulx.d

To continue in the words of the chronicles, "In the year of our Lord 1235,e our seventh abbot, Richard de Otringham, having resigned and gone away, lord Michael de Brune was elected abbot. Then this abbot Michael built a substantial mill near the piscary pool. At that time Peter, the son and heir of Osbert de Waghen, not being followed by children of his own procreation, and having divided his inheritance, namely six bovates of land, between his sisters Elena and Ineta, shortly hereafter to be referred to, became a novice with us, where-

(a) Sellion, an uncertain measure of land. Properly a ridge between two furrows. (Jacobs.)

(b) Now known as Nunkeeling, five miles W.N.W. of Hornsea.

(d) Transactions of the Surtees Society,Vol. 83, Chartulary of Rievaulx,pp. 107 and 262. No indication of the date is given.

(e) In 1235 a great dispute (lis grandens) arose between the abbot of Meaux and the provost of Beverley, relative to William de Waghen, a villein (nativus); at length an agreement was come to between the parties, the provost had the villein and gave to the abbey of Meaux two marks. (Poulson's Holderness, II, p. 281.)

upon he was admitted to our monastery. He afterwards became our gatekeeper, and from this he caused to be built an addition (appendicia) outside the great gate and a road (calcetam) through the middle of the wood (boscum). However, Andrew de Rowceby took the aforesaid Elena (de Waghen) in marriage and Thomas Kamyn took the aforesaid Ineta (de Waghen). As a consequence of this, the said Peter de Waghen, before he had entered into religion, committed to the charge of the said Andrew and Thomas, for the purpose of paying his debts so far as due to our lord the King or any other persons whatever, the aforesaid six bovates of land which he divided between his sisters in this manner for the purpose of liquidating his debts, that the lands, which either he or his father gave as alms, free, unincumbered and from all debts and exactions discharged, through the aforesaid six bovates of land, should remain in perpetuity. And of these same six bovates of land, the said Andrew de Rowceby occupied four bovates and Thomas Kamyn occupied two bovates. But the said Andrew and the aforesaid Elena had a son Geoffrey de Waghena who afterwards on account of the importunity and shamelessness of our conversation in Waghen was not able to live there in peace and gave whatever lands he had there to the lord William de Fortibus, earl of Albemarle, in exchange for a certain manor which the aforesaid earl had in Hornseburton.b However the said four bovates with the appurtenances in Waghen were afterwards granted to our monastery by the gift of king Edward the First. Then the said Thomas Camync had issue Peter and Elena by the aforesaid Ineta and, this Peter having no children, the said two bovates of land were given to us together with his body. But in what manner they afterwards devolved to the aforesaid Elena his sister we are entirely ignorant though Elena sold the said two bovates of

(a) Proofs frequently appear of sons assuming the maiden name of the mother, especially when she happened to be an heiress. (Camden's Remains. Vide also Thompson's Hist. of Swine, p. 252.)

(b Now known as Hornsea, 18 miles N.E. of Hull.

land to Robert Hylyharda whose heir holds them at the present time by succession. Nevertheless the said two bovates of land are held of us in capite by homage and an annual rent of two denarii and a halfpenny as was discovered afterwards in the time of the lord Adam our fourteenth abbot. Moreover the above-written Peter de Waghen before he divided his inheritance as aforesaid gave to a certain Reginald de Ulram, a burgess of Beverley, one close and twenty cart-loads of peatb in Waghen which the said Reginald granted to our monastery. Finally Richard the son of Hugo de Halsham gave to us a croft with pasture for five cattlec there which Osbert de Waghen gave in marriage to the abovesaid Hugo with Marjorie his sister. All of which things Andrew de Rowceby and the aforesaid Elena his wife, with an additional three and a half acres, confirmed to our monastery, and the aforesaid Geoffrey de Waghen, their son and heir, before his exchange gave to us one and a half acres of land there; and all the lands which we had acquired from his ancestors and all the dykes and inclosures which we had made in Waghen he confirmed to us."d

Writing of a period a few years later, the chronicler says, "Edward the First, moreover, gave to us one farm, four bovates of land and sixteen acres of pasture which are called le Criland with their appurtenances in Waghen which are now held by us and which formerly belonged to Peter de Waghen, knight, and which Geoffrey de Waghen and his heirs surrendered to William de Fortibus, earl of Albemarle, in exchange for certain tenements in Hornseburton and which holdings in Waghen became vested in our lord the king by escheat." e

According to the Feet of Fines for Yorkshire, 26 Hen III,

(a) Forerunner of the present family of Hildyard.

(b) This would no doubt be a common of turbary or a right of cutting and taking away twenty cart-loads of peat a year from lands belonging to another, or probably from the bogs or marshy land in or near the ville of Waghen.

(d) Chron. Monast. de Melsa, Rolls Series, II, pp. 3, 4 and 5.

(e) Ibidem, II, p. 189.

on the 4th May, 1242, at Westminster, Geoffrey de Waghne was summoned to answer Peter de Hedon, that he hold to a covenant made between them as to 13 bovates of land in Rouscebya and 6 acres of land and a messuage in Selgarghing. Geoffrey de Waghne appeared and they agreed to the effect that Geoffrey admitted that he had granted to Peter 2 bovatesb of the land in Rousceby and the 6 acres of land in Selgarghing, to hold to Peter and his heirs in demesne and service with II bovates of land in Rousceby, as in the charter held by Peter is more fully set forth, and the 22nd June was the day given to take their cirograph. The Sheriff was later to make Robert son of Walter, Alan de Whitegate, Roger de Appelton, Robert son of William de Fermanby, Adam son of Roger and Roger son of Alan and John son of the parson of Torinton to come and admit by what service they held their tenements of Geoffrey in that vill, and Geoffrey appointed Thomas de Rotomage his attorneyc Pursuant to the said summons a Fine was suffered at Westminster on the Morrow of Saint John, 26 Hen. III (25 June, 1242), before Robert de Lexinton, William de Culeworth, Roger de Thurkelby, Gilbert de Preston, Jollan de Nevill, Justices, wherein Peter de Hedon was plaintiff and Geoffrey de Waghne was deforcient with reference to two bovates of land in Rouceby, six acres of land and a messuage in Selfgargdhing and a messuage in Thorneton, it being found that it was the right of Peter, as of the gift of Geoffrey, in demesnes, homages, services of free men, wards, reliefs, and escheats when they should occur, to wit: the homage and service of Robert son of Walter, Alan de Whytegate, Roger de Apelton, Robert son of William de Fermaneby, Adam son of Roger, Roger son of Alan, John son of the Parson of Thonton and their heirs, for all their tenements held of Geoffrey in Rouceby: to hold to Peter and his heirs, of Geoffrey and his heirs, paying yearly a penny at Whitsuntide and doing to the

(a) Rouceby, quaere whether this is not now known as Roxby, four miles north of Scunthorpe, Lincs., and whether Geoffrey did not acquire these lands from his father, Andrew de Rowceby.

(b) Bovate, or oxgang, was the same as a carucate, i.e. as much land as a team of oxen could plough in a year and generally computed at 120 to 180 acres. It varied according to the nature of the land.

(c) Yorkshire Archaeological Society (Record Series), Vol. LXVII, Yorkshire Fines, 1232—1246, p. 112, n. Also Curia Regis Roll, 123, m. 3.

chief lords of the fee, for Geoffrey and his heirs, all other services due: And Peter granted to Geoffrey two bovates of land, which Peter bought from Matthew de Wytheton, in Waghne, to hold to Geoffrey and his heirs, of Peter and his heirs, by forinsec service, and Peter also gave fourteen marks of silver.a

On the 30th March, 1257, Henry III, by patent granted at Westminster, gave pardon to Richer de Arnhale for the death of Alan de Waghene, as it appeared by an inquisition made by Roger de Thork[ilby]b that he killed him in self defence.c On the 10th May, 1268, at Westminster, the King renewed the pardon made the 30th March, 1257, under the old seal to Richer de Arnehaled for the death of Alan de Waghne,e as the said letters had been lost.f

On the 8th June, 1272, at Westminster, Henry III granted a patent giving simple protection, without clause, for one year, for Isabel, late the wife of Geoffrey de Waghen, and John her son.g

In 1278 Nicholaus Wawan was made a Freeman of the City of York.h

In 1287 the heirs of Richard Tyrwhyte paid 2s. 1d. and homage on entry into a toft at Beksyde, Beverley, formerly held by Thomas Waghne by the rent of sevenpence halfpenny per annum.i

(a) Ibidem, p. 112. (Case 264, File 37, No. 9.)

(b) Roger de Thorkilby was one of the Justices in Eyre. He appears before in the Fine of the 25th. June, 1242.

(d) Master Richard de Arnall occurs, temp. Henry III, as holding lands in Askham Richard. (Farrer's Early Yorkshire Charters, p. 428.)

(e) It is regrettable that no details of the encounter and of the manner of Alan's death are available. Howbeit, Statutum est omnibus semel mori.

(f) Calendar, p. 547, Patent Rolls, 52 Henry III.

(g) Cal. Pat. Rolls, 56 Henry III.

(h) Surtees Society, Vol. XCVI, Freemen of York, p. 3.

(i) Surtees Society, Beverley Chapter Act Book, II, 314.

On the 2nd November, 1296, Edward I at Thornhaugh,
granted a commission of oyer and terminer to John de Lythe-
greynes and Hugh de Cave, on complaint by Roger Russel of
Northcave, that whereas he had given all his lands in Northcave,
Suthcave, Dreweton and Spaldyington, co. York, to Thomas
de Mecham in return for his finding the said Roger and Margery,
his wife, in victuals and clothing for their lives, and a suitable
marriage for Elizabeth, daughter of Thomas de Gunby, and
whereas the said Thomas afterwards granted them for their
maintenance some lands which he had in Belassise with the
corn, oxen and other goods thereon, the said Thomas, Adam le
Serjaunt and Robert le Waghene carried away his corn and
other goods there. The commission was granted for the good
services of the said Roger in the Scotch war.a

In 1297 appears Geoffrey Wawan, he being made a Freeman of the City of York in that year,b whilst in 1302 Nicholas Wawan appears as having been made a chamberlain of the City of York with Tho. le Aguiller and Nich. Knyght (Camerariis) and John le Specer as Mayor (Majore) c

Edward I, on the 25th November, 1303, at Dunfermline, granted a commission of oyer and terminer to John de Haveryng, William Inge and Walter de Beyssin, on complaint by Isabella Borry, that Richard Stury, William Waghhan and about fifty others invaded her dwellinghouse at Shrewsbury, broke her

(a) Cal. Pat. Rolls, 24 Edward I.

(b) Surtees Society, Vol. XCVI, Freemen of York, p. 6.

(c) Surtees Society, Vol. XCVI, Freemen of York, p. 9. Apparently the same Nicholas who was admitted a freeman in 1278. The admission to the freedom was virtually admission as a citizen or burgess and could be claimed by patrimony (per patres), or servitude, or could be granted gratuitously or by purchase, but, in all cases, a vote of the Corporation was required to constitute the fact of admission. The claim by patrimony was limited to the eldest son born after the admission of the father to his freedom; such son having attained the age of twenty-one years. If the eldest son died in his minority, the claim descended to the next or first son afterwards, who attained the age of twenty-one years. The claim by servitude could only be substantiated by persons of twenty-one years of age or upwards, who had served an apprenticeship of seven years to a freeman admitted as such before the date of the indenture; and in case of transfer of service the new master must have likewise been previously admitted to the freedom. The sum paid for freedom by purchase was discretionary with the Corpora-tion, it being generally twenty guineas. A freeman had many privileges, and the ancient forms of oath on admission as a freeman of the City of York are set out in Drake's Eboracum, The Freedom of a town or city at the present time, however, is purely honorary and confers no rights or privileges.

gates and houses there, carried away her goods and beat and maimed her servants.a

Whilst at Jedburgh, King Edward I, on the 21st August, 1304, granted a pardon to Robert le Shethere of York, for the death of John Waweyn of York, and all trespasses,b and it appears from the list of members sent to Parliament by the Borough of Scarborough that in 1307 that borough sent ap Karl Almaricus Gegg and Robtus Wawayn. c

"Willelmo Waryn, clerico," appears in certain proceedings in the Church of the Blessed John of Beverley on the 7th June, 1309, though the purport of the document is not very clear.d The same William Waryn signed as a deacon on the I3th December, 1309, a letter to the "clerk of Pokeligton."e

On the 18th March, 1310-11, sequestration was ordered of the goods of Sir Robt. of Nottingham, late sacrist, who died at Brandesburton, and was published at Beverley in the sacristy there in the presence of Sir Nigel, sub-prior of Drax, and Sir William of Hasthorpe and Richard Warin, priests, and John Risby, sequestrator.f

On an Inquisition held the Tuesday after St. Laurence, 6 Edward II (1312) under writ dated l8th May, 5 Edward II, on John, son of Thomas de Metham, it appears that " in the lifetime of the heir's father, Sir Jordan de Metham took the heir to the manor of Belasise, and after the said John's death by the command of Lady Sibyl late his wife, Thomas Verjon and

(a) Cal. Pat. Rolls, 32 Edward I. Apparently William afterwards felt contrition for his violence for on the 4th March, 1309, the King granted license for the alienation in mortmain by William Waghan of a toft in Shrewsbury to the prior and brethren of the Order of St. Augustine, Shrewsbury. (Cal. Pat. Rolls, 2 Edward II.)

(b) Cal. Pat. Rolls, 32 Edward I.

(d) Surtees Society, Beverley Chapter Act Book, I, p. 238.

(e) Ibidem, p. 258. Pokeligton, i.e. Pocklington.

(f) Surtees Society, Beverley Chapter Act Book, I, p. 383.

John de Waghen eloigneda him beyond the Humber, and after three weeks the said John de Waghen brought him back to the said Thomas, who delivered him to Sir William le Conestable who still detains him."b

A Commission of oyer and terminerc was granted at Windsor
by Edward II on the 26th December, 1312, to John de Grey,
John Wogan and Alan la Zusche on complaint by John Cherleton
and Hawisia his wife, that Griffin de la Pole,d John Waghhan,e
parson of the church of Whitingtonf and several others, with
horses, arms, and banners displayed, approached their castle,
which was in the Marches of Wales upon the confines of the
counties of Hereford, Salop and Stafford, besieged it, burned
the doors of the castle and their houses, broke their park and
hunted therein, cut the grass and corn growing there and at
Butyngton, Talgarth and Peupres, which were in the Marches
upon the confines of the same counties and of the lands of
Caus and Mont Gomery, fished uieir stews, took away horses
and colts of the price of 1001. and carried away his game, fish,
grass and corn.g

In 1319 Edward II, at York, granted a commission of oyer and terminer to John de Hotham, the elder, William de Roston and Robert de Hedon, touching an appeal in the county of York by William le Whyte against John le Swyne, Thomas de

(a) Eloigned, i.e. carried away by stealth.

Inquisitions Post Mortem, Edward II [C. Edward II, File 24 (15)].

Our present day assizes are commissions of oyer and terminer. At the present day, Commissioners of Assize are frequently appointed to act as judges where the judges available for circuit are insufficient.

(d) The association here of John Waghhan with Griffin de la Pole is interesting, and points to this John being connected with the Waghens of Waghen. The family of de la Pole, forerunners of the Earls of Suffolk of the fifteenth century, originated from Ravenserodd, a town formerly at the mouth of the Humber and now submerged by the sea. Sir William de la Pole was the first Mayor of Hull, 1332-5- Griffin de la Pole, however, does not appear in the de la Pole Pedigree at p. 31 of Frost's History of Hull.

(e) This John and a number of others of the name of Waughen occur frequently in South Wales and on the borders of Wales about this period, and I am inclined to think they may be the forerunners of the present day numerous families named Vaughan in South Wales, and no doubt descended from the family of Waghen. Henry Vaghan occurs as Sheriff of Bristol in 1478.

(f) Whitington, i.e. Whittington, three miles east of Lichfield, co. Staffs.

(g) Cal. Pat. Rolls, 6 Edward II. All this seems a truly high-handed proceeding for a Wawn; and a parson, too 1 It has the one redeeming feature, however, that they went in true regal fashion with horses, arms, and banners displayed.

Waghen and others, for the death of Thomas le Whyte his brother.a

Whilst at York on the 4th May, 1322, the King granted a patent giving protection, with clause nolumus, for one year for Thomas de Waghen of Beverley, merchant, and his men, going with a ship to the southern parts of the realm to buy corn and victuals and to convey the same to York and the town of Newcastle-upon-Tyne, and other parts in the North; he having found surety in the Chancery that he will not take such provisions elsewhere, and that he will not communicate with the Scots or the Flemings.b

According to the Close Rolls of Edward III, there was enrolled in Chancery in 1327 a deed dated at York the18th . August, I Edward III, whereby Thomas de Waghyn of Beverley, acknowledged the receipt from Thomas Ughtred, knight, of ten marks due to him by a recognizance made in the late king's chancery, which the said knight ought to have paid at Martinmas, 16 Edward II, and granting that the chancellor or keeper of the rolls of chancery may withdraw and cancel the said recognizance when he may wish, although Thomas de Waghen be not present. However, Thomas de Waghen came into chancery at York on the said day and acknowledged the above deed.c

A commission of oyer and terminer was granted at Rocking-ham on the 12th April, 1334, to William de Twenge, John de Shardlowe and Robert Parnynge, on complaint by William, archbishop of York, that whereas he and his predecessors had time out of mind been used to have in Beverley the assise of bread and ale, .... Thomas de Waghen, John de Sighelstorne, merchant, Thomas son of Thomas de Waghen and many others had forcibly prevented him from having the amends of breaches of the assise and his bailiffs and ministers from making examination and assise of bread and ale, whereby he had lost his profit

(a) Cal. Pat. Rolls, 12 Edward II, Pt. 2.

(b) Cal. Pat. Rolls, 15 Edward II, Pt. 2.

(c) Close Rolls, Edward III. Possibly this was the recognizance entered into by him as surety for hot trading with the Scots or the Flemings.

therefrom for a great while. Further, they had many times assaulted the said bailiffs and ministers and his other men and servants, and had so threatened those that he could then scarcely find any one in the town to serve him. Apparently the offenders were mulcted in a fine of 20s.a'

In 1338 there was allowed to Thomas de Waghen of Beverley a sum of £86 4s. 10d. in the port of Kyngeston-upon-Hull, for customs overpaid to the King.b

The same year, on the 3rd September, at Windsor, a commission of oyer and terminer was given to Henry de Percy, Ralph de Neville, Robert de Scardeburgh, William Scot, William Basset and John Moryn, under the following circumstances: whereas the king lately appointed Ralph de Hastynges, sheriff of York, to make inquisitions in the country touching concealments of wool made to prevent the purveyance of the same for his service, and the said Ralph came to Beverley to make such inquisitions there, Thomas de Holm, Adam Tirwhyt, Thomas Waghen, Thomas del Clay, John del Clay, William del; Clay, all of Beverley, and others, assaulted him and his men and servants there and prevented the taking of these inquisitions.c Evidently Thomas Waghen was not successful in concealing his wool, nor did his violence avail him anything, for we find that on the 1st July, 1339, at Berkhampstead, promise was made] to Thomas de Waghen to pay half at Michaelmas and half at Purification, sixty shillings for fifteen stones of wool at four shillings the stone, taken by Ralph de Normanville and his fellows, appointed to take for the king a moiety of the wool in the county of York.d

During the Easter Term, 14 Edward III (1341), an action was brought by Thomas, son of Thomas Waghen, of Shrewsbury,

(continued Part II)

(a) Cal. Pat. Rolls, 8 Edward III. It looks as though Thomas and his son were attempting to make amends for the generosity of their ancestors towards religion.

(b) Close Rolls, Edward III. Evidently the King was a bad payer, for in 17 Edward III (1343) Thomas was obliged to take out a writ for the recovery of the money. (Close Rolls.)

(d) Cal. Pat. Rolls, 13 Edward III.

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