Award of Robert, Archbishop of York and President of the Council in the North, Thomas Mangnus clerk, William Babthorpe, Robert Chaloner and Thomas Gargrave esqs., commissioners appointed (with Sir Marmaduke Constable dec'd.) by the Crown to settle disputes between the inhabitants of Wheldrake and Askryge (Escrick) concerning rights in Wheldrake More and Askryge Mosse (which led to a 'great assaute, assemble and affrey mayd upon Wheldrake More' on 18 May 1542).

Reference No:
U DDPA/10/2
Dates:
4 Apr 1546
Description:
After setting down: (i) that there is a parcel of ground called Eskryge Moss at the S.W. end of Wheldrake More, which belongs solely to the lordship of Eskryge and in which, the inhabitants of Eskryge have, time out of mind, taken turves for fuel. (ii) that there is an 'old great cawsey or banke of erthe dychyed on both sydes' in the said Moss, stretching from a lane out of the East Field of Eskryge called Kyldfeld towards Wheldrake More, by which beasts put into the said moss from Eskryge 'in all wete seasonz and tymez myght goo & rake' to Wheldrake More (iii) that the tenants of Eskryge, time out of mind, have had intercommon and rake on Wheldrake More for all beasts put on Eskraryge Mosse 'goyng for rakyng frome the seyd mosse without dryfte' to Wheldrake More. (iv) that there is no division between Wheldrake More and Eskryge Mosse except a shallow ditch made by one of the abbots of Fountains Abbey 'aboute xl yers agoo', who was then in possession of the lordship of Wheldrake. Which ditch 'within a very short space' was cast down by the inhabitants of Eskryge and so has since remained. (v) that at the beginning of the dispute sundry of the inhabitants of Eskryge did drive their cattle through the lordship of Dyghton (Deighton) to the common of Wheldrake, which appears unlawful. (vi) that, upon this, the inhabitants of Wheldrake did 'dogge and dryve (as they call yt)' (i.e. drive off with men and dogs) from Wheldrake Common all the cattle of Eskryke driven in through Dyghton as well as those which came into Wheldrake More through Eskryge Mosse or other adjoining grounds of Eskryge 'as before tyme they hayd usyd' which driving of the cattle coming 'by their auncient wey' appears to be a wrong committed by the inhabitants of Wheldrake, as a result of which an affray began in which Richard Penrose, John Rowle, William Clerkeson and William Hergyl now dec'd., inhabitants of Wheldrake, and Thomas Barbour and Rolland Hogeson now dec'd., inhabitants of Eskryg, were injured. The Commissioners Award: (i) the inhabitants of Eskryg to have intercommon and rake on Wheldrake More with all their beasts which go and rake 'without dryfte' from Eskryge Mosse to Wheldrake More (ii) Inhabitants of Eskryge not to drive their cattle to Wheldrake More through Dyghton lordship nor by any other way, but only to have intercommon there by rake of their cattle without drift from Eskryge Mosse. (iii) Inhabitants of Wheldrake to have intercommon and rake on Eskrygge Mosse for all their beasts raking, and going without drift from Wheldrake More. (iv) Although it cannot be proved who began the said affray, because four persons of Wheldrake were 'very sore hurt bett & woundyd' and only two inhabitants of Eskryke (and they 'not so sore hurt'), the inhabitants of Eskryge to pay £4 to Richard Pemrose, John Role and William Clerkson, who shall divide £3 among themselves 'according to the quantytes of their hurtes' and pay the other £1 to Thomas Barbour. The Award was made in three parts, one being sent to the Court of Augmentation, the second to John Haxbye, bailiff of Wheldrake, and the third to John Dunyngton, bailiff of Eskryge.
Format:
Archive Item
Extent:
1 item
Language:
Access Conditions:
Access will be granted to any accredited reader
Repository:
Hull University Archives
Collection:
Papers of the Palmes Family of Naburn