Wawn Family Records - Part 2
against William, Walter and Roger Banastre and John le Procuratour, in respect of a debt of 300l., for which the defendants were jointly and severally bound.a
In 1343 Philip de Weston, who in 1347 became Dean of York, was made a commissioner to treat with the Flemish in company with Master John Waweyn who, as "canon of Derlyngton learned in bothb laws," often occurs with John de Montgomery, knt., in public instruments in 1336, being called by the King his "trusty proctors and ambassadors."c
A commission of oyer and terminer was granted at Westminster on the 13th June, 1344, on complaint by Gilbert de Umfraville, earl of Angus, that John Waghen and several others depastured and trampled down his crops and grass at Stalyng-burgh, co. Lincoln,d with their cattle, and assaulted his men and servants, whereby he lost their service for a great time. It appears that the proceedings terminated in a fine of twenty shillings.e Also at Westminster on the 11th July in the same year, a similar commission of oyer and terminer was granted on complaint by Geoffrey, abbot of Seleby,f that John de Waghen and others at Stalyngburgh, co. Lincoln, depastured and trod down his crops and grass with cattle, which proceedings were settled by a fine of one mark.g
It appears that in 1346 Robert de Waghen held two bovates of land at Warrum juxta Strete of the fee of de Maulay.h
At Westminster, the quindene of Michaelmas, 22 Edward III (1348), a fine and recovery was suffered by Richard de Ask and Joan his wife at the suit of William de Percy, chivalier, Thomas Playce, chivalier, and William de Neusom, chaplain, of the manor
(a) Year Books, 14 Edward III. (R. 215 d.)
(b) Civil and canon. (c) Rymer's Foedera. Also Longstaffe's Hist. of Darlington, p. 80.
(d) Stallingborough, co. Lincs., 5 miles W. N.W. of Great Grimsby.
(e) Cal. Pat. Rolls, 18 Edward III. (f) Selby, co. Yorks.
(g) Cal. Pat. Rolls, 18 Edward III. A mark was 13s. 4d., but a mark of gold weighed eight ounces; and as Cowell states it out of Stow, it came to the value of £16 133. 4d., but this is uncertain. (Selden's notes on his Janus Ang. Also vide Drake's Eboracum, Vol. II, p. 140.)
(h) Feudal Aids, 1284—1431, Vol. VI. Wharram le Street is 6 miles South-East of Malton.
of Wele, near Beverley, and of nine messuages, thirteen bovates and forty-six acres of land, eighteen acres of meadow, a rent of eighty shillings, and the fourth part of one knight's fee in Houeden, Grenayk, Estryngton, Gilberdyke, Hythe, Southclyf, Bisshopburton, Cotyngham, Barneby near Houeden, and Lynton, near Balkholm, To hold to Richard and Joan and the heirs of their bodies as to the tenements, rent and fourth part, together with the homage and service of (amongst others) Alan de Waghen and his heirs.a
(a) Yorkshire Arch. Soc. (Record Series), Vol. LII, Feet of Fines for Yorkshire, p. 19. A fine and recovery was an ancient method of assurance of land by means of a fictitious action at law. The procedure was abolished in 1834.
CHAPTER II.
1351—1400.
N the 28th September, 1353, at Westminster, was granted a commission to William Basset and others, reciting that whereas Agnes the wife of Henry de Beverlay appeals against Thomas de Swanlond of Beverley, "skynner," and Nicholas his brother, "bogher,"a of Beverley, John Hebson of Beverley, and Nicholas de Rypon of Beverley, " mason," of the death of her said husband and, amongst others, Nicholas de Waghen, "skynner,"b of aid thereto, without the king's writ, in the county of York, the king considering that that appeal cannot be determined in a lower court than before him or elsewhere before his justices at his command, and not wishing that the appeal remain undetermined, has appointed them to hear and determine the appeal at the suit of him and the said Agnes, etc.c
Lord Robert de Hilton, Sir Richard Tempest, knt., Sir John Mounceaux, knt., Richard de Aske, John de Ellertone, Thomas de Routhe, William de Waghen and others appear as witnesses to a grant made the 25th June, 1354, by Constance, daughter of John de Eshlyngton, to William de Routhe of her property at Overframelyngton, now Long Framlington, co. Northumberland. The deed was executed at Richmond in Yorkshire.d
(a) "Bogher," a butcher. (b) "Skinner," one who deals in skins, pelts or hides.
(c) Cal. Pat. Rolls, 27 Edward III.
(d) Archaeologia Aeliana, or Miscellaneous Tracts relating to Antiquities published by the Society of Antiquaries of Newcastle-upon-Tyne (New Series), Vol. XXV (1904), p. 69. In order to shew the nature of the ancient documents extracted in this work this grant is set out in full as follows:—" Sciant presentes et futuri quod ego Constancia filia Johannis de Eshlyngton' dedi concessi et hac presenti carta mea confirmaui Willelmo de Routh' omnia terras et tenementa cum pertinenciis in Ouerframelyngton' in Comitatu Northumbrie que michi descendebant jure hereditario post decessum Thome de Eshlyngton' fratris mei. Tenend' et habend' omnia predicta terras et tenementa cum pertinenciis prefato Willelmo heredibus et assignatis suis tam in dominiis quam in dominicis libertatibus aysiamentis et commoditatibus vt in moris boscis piscariis viuariis viis aquis molendinis stagnis semitis pascuis et pasturis et omnibus aliis dictis terris et tenementis quoquomodo spectantibus seu pertinentibus de capitalibus dominis feodi illius per seruicia inde debita et de jure consueta imperpetuum. Et ego yero predicta Constancia et heredes mei omnia predicta terras et tenementa cum pertinenciis vt predictum est prefato Willelmo heredibus et assignatis suis contra omnes homines warantizabimus et imperpetuum defendemus. In cuius rei testimonium huic presenti carte sigillum meum apposui. Hiis testibus dominis Roberto de Hilton' Ricardo Tempest Johanne Mounceaux militibus Ricardo de Ask" Johanne de Ellerton' Thoma de Routhe Willelmo de Waghen et aliis. Dat' apud Richemond die Mercurii proxima post festum Natiuitatis Sancti Johannis Baptiste anno regni Regis Edwardi tercii a conquestu Anglie vicesimo octauo." Dorso: Framelyngton. Seal destroyed.
In 1354 it appears that Richard de Waghen, mercer, and Simon de Waghen, mercer, were made freemen of the city of York.a
The quindene of Hilary, 30 Edward III (1356), at Westminster, a fine and recovery was suffered by William de Waghen of Hesill and Margaret his wife at the suit of William de Skyren, chaplain, and Robert de Howme, chaplain, of one messuage and five acres of land in Tranby and Hesill, to hold to William de Skyren and Robert and the heirs of William, with release and warranty by William de Waghen and Margaret for themselves and the heirs of Margaret, and thereupon William and Robert gave ten marks.b
Amongst the freemen of the city of York enrolled in 1366, appear the names of William de Waghen, mercer, and Hugo de Waghen, "coteller."c
In 1367 (41 Edward III), at Westminster, the quindene of Trinity, Robert Lange and Joan his wife suffered a fine and recovery at the suit of Adam de Setryngtond and Simon de Waghen, of four toftse in Malton, to hold to Adam and Simon and the heirs of Adam, and thereupon Adam and Simon gave ten marks. There was a release and warranty by Robert and Joan for themselves and the heirs of Robert. f
The same year at Westminster, the octave of Michaelmas, William de Righton, citizen and mercer of York, and Isabel his wife, suffered a fine and recovery at the suit of Simon de Waghen, citizen and mercer of York, of one messuage in York, to hold to Simon and his heirs and thereupon Simon gave twenty marks. There was also release and warranty by William
(a) Surtees Society, Vol. XCVI, Freemen of York, p. 48. Qucere, whether "mercer" does not in these and many other instances mean " merchant" (mercator).
(b) Yorkshire Arch. Soc. (Record Series), Vol. LII, Feet of Fines for Yorkshire, p. 54.
(c) Surtees Society, Vol. XCVI, Freemen of York, p. 60. "Coteller," Le. cutler.
(d) The village now known as Settrington is situate about 3 miles East of Malton.
(e) A toft, originally a homestead, the site of a house and its out-buildings.
(f) Yorkshire Arch. Soc. (Record Series), Vol. LII, p. 126.
and Isabel for themselves and the heirs of William. The transaction was confirmed the octave of Hillary, 1368. a
In 1367 Ric. de Waghen, mercer, appears as having been elected a chamberlain of the city of York together with John de Cottyngham and Will. Fyssh, with Rog. de Hovyngham and Will. Gra, mayors.b The same Richard de Waghen appears to have been Bailiff of the city of York in 1370.c
Richard de Waghen, citizen and mercer of York, was the purchaser for ten marks, the quindene of Trinity, 1371, from John Gaudyn, of York, "spicer,"d and Agnes his wife, of one messuage in York, to hold to Richard and his heirs.e
In 1373, the quindene of Michaelmas, at Westminster, Richard de Waghen and Margaret his wife and Simon de Waghen and Alice his wife suffered a fine and recovery at the suit of William de Helmeslay of York, "draper," of one messuage in York, to hold to William and his heirs and he thereupon gave ten marks.f
Dated St. Michael the archangel, 48 Edward III (29th Sept., 1374), was a lease whereby Eufemia, who had been the wife of Walter de Heslarton, knt., demised to Roger de Moreton, junior, citizen and merchant of York, a messuage in St. Saviourgate in York, which lease was witnessed by (amongst others) Richard de Waghen.g
In 1375 John de Waghen, cook, was made a freeman of the city of York.h
(a) Yorkshire Arch. Soc. (Record Series), Vol. LII, p. 126. The property was in Colliergate as appears by the will of Simon de Waghen, post.
(b) Surtees Society, Vol. XCVI, Freemen of York, p. 62. According to Drake (Eboracum, Vol. II, p. 30) the office of Chamberlain entitled its bearer to the appellation of Gentleman, and the title Master or Mr. is always prefixed to their names in writing or speaking to them ever after, a title which the vulgar take so much notice of that when they hear it, as they think, misapplied, they repeat, "Mr. quoth'a !Pray who was Lord Mayor when he was Chamberlain ? " (c) Drake's Eboracum.
(d) Le Espicer is an old French term for what we call a druggist.
(e) Yorkshire Arch. Soc. (Record Series), Vol. LII, p. 153.
(f) Yorkshire Arch. Soc. (Record Series), Vol. LII, p. 167.
(g) Yorkshire Arch. Soc. (Record Series), Vol. LXV, Yorkshire Deeds, p. 160.
(h) "Johannes de Waghen, cocus." Surtees Society, Vol. XCVI, Freemen of York, p. 72. Probably John was a baker.
According to the rolls of Miscellaneous City Rents for the city of York for 1376, Simon de Waghen paid eighteen shillings rent for one plot of land "in Hundegat."a
The octave of Purification, 51 Edward III (1377), at Westminster, Alan de Beseby, Robert Draper, chaplain, and Thomas de Waghen, chaplain, suffered a recovery at the suit of Thomas de Malton of Kyngeston-on-Hullb and Ancellina his wife, of one messuage in Kyngeston-on-Hull, to hold to Alan, Robert and Thomas and the heirs of Alan. Alan, Robert and Thomas gave twenty marks.c
According to the Patent Rolls of Richard II, on the 29th October, 1377, the king at Westminster granted a patent of presentation of Richard de Waghen, vicar of the church of Northwell, in the diocese of London, to the church of Redlegh, in the diocese of Rochester, on an exchange of benefices with John Keteryng.d
William de Feriby, archdeacon of Cleveland, by his will, dated the last day of the month of June, 1378, directs his body to be buried in the Cathedral church of the Blessed Peter at York, and leaves " to Gilbert de Waghen 40s. Likewise I leave to his sister,e the mother of Robert de Waghen, 40s. Likewise to Sirf Robert de Waghen 40s. . . . ." The will was proved at York the 23rd December, 1379.g
(a) Surtees Society, Vol. CXX, York Memorandum Book, p. 9. Hundegate, now Hungate. This was probably a quit rent payable in respect of the property in Hungate devised by the will of Simon de Waghen.
(b) Kingston-upon-Hull is the correct full name of the present town known commonly as Hull.
(c) Yorkshire Arch. Soc. (Record Series), Vol. LII, p. 204. The exact nature of the transaction here recorded seems a little obscure.
(d) Cal. Pat. Rolls, Richard II. Redlegh is now Ridley, co..Kent. The same Richard de Waghen appears again in 1380 and 1383, post.
(e) I.e. sister-in-law. It was customary at that time for sisters-in-law to be designated sisters.
(f) Domino. " The title of Sir was not formerly peculiar to knights, it was given to priests, and sometimes to very inferior personages. Dr. Johnson thinks this title was applied to such as had taken the degree of A.B. in the universities, who are still styled Domini, 'Sirs,' to distinguish them from undergraduates, who have no prefix, and from Masters of Arts, who are styled Magistri, ' Masters.' "— (Percy's Reliques.) General usage in the early times gave the title Domnus to an ecclesiastical superior, reserving Dominus for our Lord. Caelestem Dominum, terrestrem dicito domnum. Qucere, if this Sir Robert de Waghen was vicar of Nafferton whose Probate Act is dated 1398.
(g) Surtees Society, Vol. II, Testamenta Eboracensia, Pt. I, p. 103.
In the assessments for Poll Tax imposed in 1379 by Richard II, the following appear:
bysshopthorp' cum midelthorp'.
Johannes Waghan & vxr ejus iiijd.a
[Name of place gone. ? hessle. ]
De Beatrice de Waghen seruant iiijd.b
acastre malbysshe.
Matilda Wan iiijd.c
villa de bramwyth'.
Johannes Waryn iiijd.
Simon Waryn iiijd.
Ricardus Waryn & Johanna vxr ejus iiijd.d
Long Newton, in the bishoprick of Durham, was anciently held by the Baliols under, or as a member of, their great lordship of Gainford. After their forfeiture it was held of the Beau-champs, Earls of Warwick, their successors in the honour of Barnard Castle. In 1367 Goceline Surteys died seised of 100 acres in Long Newton, held of the Earl of Warwick by fealty and 13s. 4d. rent, and eight acres by fealty only. Sir Thomas Surteys, his heir, died seised of the same in 1379; but the eight acres were held by as many shillings rent of William Wawan.e
On the 16th October, 1380, at Westminster, was granted a patent of presentation of Ralph Hale, parson of a moiety of the church of Teriswell, in the diocese of York, to the church of
(a) Yorkshire Arch. Soc. Journal, Vol. VII, p. 180. Bishopthorpe is three miles South of York.
(b) Yorkshire Arch. Soc. Journal, Vol. IX, p. 138, Assessment of the Poll-Tax for Howdenshire in the Second Year of the Reign of King Richard II. Hessle is four miles West of Hull. Beatrice appears to have been the widow of William de Waghen of Kingston-upon-Hull.
(c) Yorkshire Arch. Soc. Journal, Vol. VII, p. 179. Acaster Malbis is four miles South of York in the Ainsty. The will of Matilda Whawen of Acastre Malbys was proved at York on the 23rd July, 1408, by Richard Brown, one of the executors named in the will, Thomas Whawen, the other executor, having renounced probate (Vol. 2, folio 578, Prob. Act.) The will does not appear to have been recorded for the reason that in some cases the wills were handed back to the executors without being registered.
(d) Yorkshire Arch. Soc. Journal, Vol. VI, pp. 9 and 10. Bramwith in the wapentake of Osgodcross, co. York, six miles North-East of Doncaster.
(e) Mackenzie's An Historical, Topographical and Descriptive View of the County Palatine of Durham (1834), Vol. II, p. 61. Long Newton is six miles East of Darlington.
Redelegh, in the diocese of Rochester, on an exchange of benefices with Richard de Waghen.a
The same year Robert de Waghen, wright, was made a free-man of the city of York.b Also in 1380, according to Gent's History of York, Richard Waghen was elected a Bailiff of the city of York.c
In the Guild Hall at York on the 3rd February, 1380/1 d before Simon de Quixlay, then mayor, and the commonalty then and there assembled, Hugo de Waghen was elected one of the common serjeants for the city along with Walter Shethor.e
In 1381 Richard, son of Richard de Waghen, mercer, was made a freeman of the city of York, per patres.f
In 1382 John de Waghen, shether, was made a freeman of the city of York.g
According to the York Memorandum Book, Simon de Waghen, Simon de Clapham and Henry de Bolton, bailiffs of York, in 1382, brought an action against divers butchers of the city for Schamel Toll, when a decision was come to by the Court in favour of the bailiffs.h
(a) Cal. Pal. Rolls, Richard II. Teriswell is now known as Treswell, co. Notts. In view of the subsequent patent of 1383 it seems that effect was not given to this patent.
(b) Surtees Society, Vol. XCVI, Freemen of York, p. 76.
(c) Drake's Eboracum gives Richard de Alne for this Richard Waghen. Gent, however, appears to be correct.
(d) Previously to September, 1752, the civil or legal year in this country commenced on the day of the Annunciation, the 25th March, whilst the historical year began as at present, on the day of the Circumcision, the 1st January; thus a confusion was created in describing the year between the 1st January and the 25th March, for civilians called each day within that period one year earlier than historians. For example, the former wrote January 7th, 1658, and the latter January 7th, 1659, though both described the 25th of the following March, and all the ensuing months, as in the year 1659. To prevent errors, that part of each year is usually written agreeably to both calculations, by placing two figures at the end, the upper being the civil or legal year, and the lower the historical year, thus :
February 3rd, 1648/9 civl or legal year / historical year.
Hence, whenever the year is so written in the following pages, the lower figure indicates the year now used in our calendar. The alterations in the calendar, which formed what is usually called the old and new style, took place on the 2nd September, 1752, on which day the old style ceased, and the next day, instead of being called the 3rd, became the 14th September. When a second figure is not used in this work, it is to be remembered the historical year is uniformly expressed. (Poulson's Beverlac, Pref. p. xi.)
(e) Surtees Society, Vol. CXX, York Memorandum Book, p. 19. Hugo, latin for Hugh.
(f ) Surtees Society, Vol. XCVI, Freemen of York, p. 79.
(g) Surtees Society, Vol. XCVI, Freemen of York, p. 79.
(h) Surtees Society, Vol. CXX, York Memorandum Book, p. 125. Schamel, later shambles. Gent's Hist. of York, gives Simon Awnne as Bailiff for 1382 and Drake gives Simon de Alne as Bailiff for the same year. There is no doubt, however, that Simon de Waghen is meant.
A patent was granted on the 3rd June, 1383, at Westminster, of presentation of John Langtoft, parson of Whinbergh, in the diocese of Norwich, to the church of Redlegh, in the diocese of Rochester, in the king's gift by reason of his custody of the land and heir of John Hastynges, late earl of Pembroke, tenant in chief, on an exchange with Richard Waghen.a
By the rolls of the Esshton Chantry Lands and Tenements for 1384, it appears that Simon de Waghen paid three marks and three shillings rent for a house with three garden sites and one garden.b
On the 3rd May, 1385, Simon de Waghen made his will as follows:—
In the Name of God Amen the third day of the month of May in the year of our Lord a thousand three hundred and eighty five I Simon de Waghen citizen and mercer of York publish ordain and make my will in this manner First I leave and commend my soul to God Almighty to the Blessed Mary the Virgin and to all the saints c and my body to be buried in my parish church And I leave to the fabric of the same church for my burial in the said church vjs. viijd. Likewise I leave to my parish chaplain xijd. And to the parish clerk vjd. Likewise I leave fifteen pounds of wax to be burnt around my body and two pounds of wax to be burnt yearly in my house in accordance with custom And I leave to any chaplain aforesaid celebrating mass for my soul on my burial and for the ministering and singing of a Dirige on the eighth day following xijd. Likewise I leave to be distributed among the poor infirm weak and oppressed in the City of York on the day of my burial xxs. and for the eight days following xs. And to the gathering of my friends and mourners on the day of my burial cs. Likewise I leave to the poor of the Infirmary house of the Hospital of St. Leonardd in York xxs. Likewise I leave to the four leper houses in
(a) Cal. Pat. Rolls, 6 Richard II, Pt. III.
(b) Surtees Society, Vol. CXX, York Memorandum Book, p. 47.
(c) John Brompton by his will proved the ulto. July, 1446, gave his soul to God, St. Mary, St. Michael, Gabriel and Raphael, archangels, St. John Baptist, St. Peter and Paul, Andrew, James, and John, apostles, St. George, St. Thomas Dionis Alban, St. Edward, Remigius, Nicholas, John de Beverlac, John of Brid-lington, St. Anne, Magdalen, Bridgett, Wenefrid, Katherine, Barbara, Hadrede, Ursula, and 11,000 virgins, and all virgin saints of the whole celestial quire; and his body to be buried in the collegiate church of St. John Beverlac (i.e. St. John of Beverley), near the corpse of Elene his wife. (Poulson's Beverlac, p. 708n.)
(d) It does not seem necessary to give particulars of the religious houses mentioned in these pages. All information can be obtained from the many histories of the localities to which they refer.
York viijs. by equal portions. Likewise I leave to the poor in the prisona upon the Ouse bridge at York iijs. And to the poor of the hospital of Thomas de Suffield xijd. And to the poor brothers and sisters of the Franciscan house in Fossegate in York vjs. viijd. Likewise I leave to one honest chaplain who shall celebrate divine service for my soul and for the souls of all those who believe and for all the children of the dead for one whole year after my decease in my aforesaid parish church cs. in silver. Likewise I leave to Beatrice formerly the wifeb of William de Waghen of Conyngstonnc vs. And to be distributed amongst the poor brothers and sisters of the hospital of St. Nicholas near York vjs. And to the fabric of the greater church of the Blessed Peterd at York xiijs. iiijd. And to William de Waghen my servant sixty shillings in silver if he shall accept the administration of this my will And to the same William a small white goblet of murra and a basin of silver without a cover Likewise I leave to John the son of Robert Chapman formerly my brother vjs. viijd. And I leave to the endowment of the salary of the chaplain officiating at the altar of St. Anne in the church of St. Sampson in York for the coming year for the salvation of my soul xiijs. iiijd. Likewise I leave to William my son my silver girdle Likewise I give and leave to my executors undermentioned to sell the same all that my messuage with the garden dovecote and appurtenances which I have by the grant and feoffment of Sir John Briggenhall the chaplain in hundgate e in York and I wish that out of the money arising therefrom William my son shall have viij pounds sterling to commend the said William to the Court-house in London or wherever else the chancellor of our lord the King may sit in England for one complete year And I wish that my executors will administer the remainder of the money for my soul and my unbequeathed goods as their discretion shall guide them and in giving in charity and other pious works Likewise I give and leave to Richard my son and the heirs of his body lawfully begottenf all that messuage with the buildings and appurtenances which I have by the grant and feoffment of William de Rightonn in Colyergate in York and if the aforesaid Richard shall die without heirs of his body lawfully begotten then after the decease of the said Richard the said messuage buildings and appurtenances shall become the property unsold of the said
(a) The word here is ergastulum, which literally is a prison, but there is no record of there ever having been a prison at this period upon the Ouse bridge. Before the Reformation there was on the bridge a hospital or Maison-Dieu, and before the dissolution of the monasteries a chapel dedicated to St. William, whilst Leland speaks also of the Town-hall and a Guild being upon the bridge. Prior to 1778 there had been, however, a prison for felons there, and in 1724 a gaol for debtors was built at the equal expense of the City and Ainsty. (Vide Drake's Eboracum, Vol. II, pp. 163, 273 and 274.)
(b) I.e. the widow.
(c) Kingston (-upon-Hull), the ancient name of Hull. Coney Street in York was anciently Coning Street (i.e. King Street).
(d) I.e. York Minster.
(e) The testator appears to have held this property since, and possibly before, 1376, in which year he paid 18s. rent for it. This payment may have been a fine on the alienation to him, or a quit rent payable out of the property.
(f) These words of limitation would create an estate in tail general, i.e. an entailed estate. The property appears to have descended under the entail to the Testator's grandson, Simon, down to a date approaching to 1467. The Testator acquired the property in 1367.
William my son and the heirs of his body lawfully begotten And if the said two sons of mine shall die without heirs of their bodies lawfully begotten then after the deaths of the said Richard and William my sons I give and leave to my executors the same aforesaid messuages with the buildings and their appurtenances to be sold and the money to be received to be administered as alms for my soul and in pious works And all the residue of my goods not hereinbefore bequeathed I give and leave to be distributed amongst the poor and infirm in the neighbouring houses and in other good works and amongst the poor hospitals for lepersa and the indigent as my executors shall consider the more almsworthy to dispose amongst them And to see my will faithfully executed and in all respects in the form aforesaid I make and constitute Alice my wife and the said William de Waghen my servant my executors In witness of these presents being my will I have affixed my seal Given at York the day and year aforesaid.
(Proved at York the 28th November 1391b by the said Alice the relict of the deceased and William Waghen the executors named in the said will and by William the son of the same deceased by the consent and at the request of the said executors they having been sworn in due form.)c
Under date the 25th May, 1387, an arbitration was settled concerning the repairs to a house adjoining "les Toftes," in which Robert de Waghen, wright, was one of the disputants. d
In 1391 Thomas de Waghen, cottiler, was made a freeman of the city of York.e
On Wednesday the 26th July, 1391, a ship laden with cloth and owned or freighted by John Dandson, Robert Duffield and Simon de Waghen was totally lost at Skelton Garth, on the north side of the Ouse. The ship and cargo were valued at £60. The cause of this loss and of that of many other ships is to be attributed to the existence of weirs, nets and other
(a) At one time there were 95 religious hospitals for lepers in Great Britain and 14 in Ireland. During the I5th century the disease underwent a remarkable diminution and practically disappeared in the civilized parts of Europe, and the leper-houses were given up.
(b) According to Drake's Eboracum (Vol. I, p. 184) in 1391, a raging Pestilence, which then overran the Kingdom, swept out of the City of York alone 11,000 persons.
(c) From the original probate entry in abbreviated latin in the York Probate Registry, Vol. I, Fol. 41.
(d) Surtees Society, Vol. CXXV, York Memorandum Book II, p. 31. The "Toftes" were at York, now Toft Green.
(e) Surtees Society, Vol. XCVI, Freemen of York, p. 90.
obstructions by which the course of the river was perilously narrowed.a
By an Indenture dated the 16th December, 1392, a dispute between John de Popilton, parson of the church of Patrik-brunton,b and Nicholas de Skelton of York, respecting the building of a house for the said John, was referred to four arbitrators, who included Robert de Waghen.c
In 1391/2 (no day or month stated) the subsidy on wool was paid at the port of Hull by Thomas Waghen in respect of ten cloths, £15; three dozen strait cloths, 25s. Value, £16 5s. 0d. Sent by ship of Erbold, son of John, called the Goldenbergh of Fleythinge. d The same year (no day or month stated) Thomas Waghen sent twelve cloths ............ subsidy 18s. by the ship of Thomas of P......... (rest obliterated). e
In 1394 John de Waghen, chapman, was made a freeman of the city of York.f
Amongst the expenses of the Abbey of Whitby taken from the Rolls for 1394, 1395 and 1396, appears an item of xiijs. iiijd. paid to Master (M'ro) Richard Waghen, Official (Officiali) of Cleveland.g
In 1395 William de Waghen, wright, was made a freeman of the city of York.h
According to the Ulnager's Rolls for Yorkshire, on the 25th March, 1395, John Wawne paid 20d. in respect of three blue cloths, one plunket cloth and one white cloth.i
(a) Yorkshire Arch. Soc. (Record Series), Vol. XLIV, Early Yorkshire Woollen Trade, p. xvii. There is a will at York of John Dandson of Kyngeston super Hull dated the eve of the Assumption, 1407, and proved the 20th Oct., 1407 (Vol. 3, Fol. 273), also the will of Robert de Duffield, citizen and merchant, of York, dated the Thursday before the Feast of St. Margaret, 1398, and proved the 29th July, 1398 (Vol. 3, Fol. 2). Particulars of the will of the latter are given in the Surt. Soc., Test. Ebor., Vol. 3, p. 127 footnote.
(b) Patrick Brompton, 31/2 miles north-west of Bedale.
(c) Surtees Society, Vol. CXXV, York Memorandum Book II, p. 15.
(d) Yorkshire Arch. Soc. (Record Series), Vol. LXIV. Early Yorkshire Woollen Trade, p. 12.
(e) Ibidem, p. 23. (f) Surt. Soc.,Vol. XCVI, Freemen of York, p. 93.
(g) Surtees Society, Vol. LXXII, The Whitby Chartulary, II, p. 624. The judge appointed by the archdeacon to preside over his court was his Official. The office is in existence at the present day.
(h) Surtees Society, Vol. XCVI, Freemen of York, p. 95.
(i) Yorkshire Arch, Soc. (Record Series), Vol. LXIV, Early Yorkshire Woollen Trade, Ulnager's Rolls for Yorkshire, p. 74. This John Wawne appears to have been the "chapman" of York, admitted a freeman in 1394.
The will of Master Richard de Wawne is dated the 10th June, 1395, and is as follows:—
In the name of God Amen in the year of our Lord a thousand three hundred and ninety five the tenth day of the month of June I Master Richard de Wawne being of sane mind and judgment publish my will in this manner In the first place I leave my soul to God to St. Mary the Virgin and to all the Saints and my body to be buried in the parish church wherever I may die Likewise I leave for my mortuarya if 1 shall die within the city of York my superior garment in accordance with the custom Likewise I leave to one honest chaplain who shall celebrate Mass for my soul and lay my body to rest vs. to augment his salary for three years Likewise I leave to my sister Alice the wife of Adam Del Brygb one cow one cupboard and one chest and for her prayers iiijd. Like-wise I leave to my said kinsman xls. and one entire horse the saddle in the storeroom and the usual harness for the same horse and my silver Baslardec Likewise I give and leave to Agnes my wife all my lands and tenements and one garden with two dovecotes and whatever I have in the city of York and in the suburbs of the same and outside the city that is to say in Holdernesd for all her life and after her decease I give and leave to Alice my daughter and her heirs lawfully begotten all the aforesaid lands and tenements with the garden aforesaid And if the said Alice my daughter shall die without heirs lawfully begotten as aforesaid I wish that all the aforesaid lands and tenements with the garden shall go to the said Alice my sister and her heirs lawfully begotten And if the said Alice my sister shall die without heirs lawfully begotten I wish that all the aforesaid lands and tenements with the garden aforesaid shall go to my nearest in blood and his heirs for ever These being witnesses Richard de Thornton Sir William Boseville Sir John Belevoir chaplains Robert Wrench Hugo de Wawn Thomas Clugh Likewise I wish that after the death of Agnes del Wawne my widow the quit rent of ten shillings arising out of property in Girdelergat in York shall go to Agnes my wife for the whole of her lifee and after her death to Alice my daughter and her heirs lawfully begotten And if Alice my daughter shall die without heirs lawfully begotten I wish that the aforesaid rent of xs. shall go to Alice my sister and her heirs lawfully begotten and if that Alice shall die without heirs lawfully begotten I wish that it shall go to my aforesaid nearest in blood and his heirs for ever The residue of all my goods I give and leave to my wife and my daughter that they shall pay all my debts and all alms as soon as possible after my
(a) A mortuary was a gift left by a man at his death to his parish church, for a recompense of his personal tithes and offerings not duly paid in his lifetime. In the thirteenth century noble matrons used to give their beds, fully furnished, to the churches in which they were buried, as their husbands gave their arms, horse, or other warlike accoutrements; and this custom so prevailed that ecclesiastics often demanded it as a right; hence their beds were often redeemed for money. The custom is of great antiquity, called a corse-present. A horse or cow was led before the corpse at the funeral for this purpose. (Poulson's Beverlac, p. S77n.)
(b) This Alice was also executrix of the will of Hugo de Waghen, 1405, post.
(c) Baslard, a species of dagger or hanger, usually worn at the girdle.
(d) It appears that this Wawne still held lands in Holderness.
(e) Apparently a mistake has arisen here.
decease Likewise I ordain and appoint as my executors my wife and Adam Del Bryg to dispose for the health and profit of my soul These being witnesses Richard de Thornton William de Bosevill and John Belevoir chaplains and others Given at York the day and in the year of our Lord aforesaid.
(Proved at York,—July 1398.a)
The will of Nicholas de Waghen of Hull is dated the Monday following the feast of the Purification, 1395,b and is as follows:—
In the name of God Amen I Nicholas de Waghen the Monday following the feast of the Purification of the Blessed Mary in the year of our Lord a thousand three hundred and ninety five publish my will in this manner In the first place I leave my soul to God and the Blessed Mary and all the saints and my body to be buried in the church of the Carmelite Friars at Hull before the image of the Glorious Virgin Likewise I leave my better cloak in the name of my mortuary Likewise I leave to the fabric of the chapel of the Trinity at Hull vjs. viijd. Likewise I leave in wax to be burnt around my body on the day of my burial xij pounds of wax Likewise I leave for forgotten tithes vjs. viijd, Likewise I leave to the Order of the Convent of St. Augustine at Hull iijs. iiijd. Like-wise I leave to the Guild of Corpus Christic vjs. viijd. Likewise I leave to Sir Walter my son j silver basin my silver seal and my silver girdle with two silken cords Likewise I give and leave to Alice my wife my two tenements with their appurtenances in Kingeston upon Hull in the street called Fynkel Street to have and to hold the said two tenements with their appurtenances to the said Alice my wife for the whole of her life in fee of two chiefs for the payment of my debts and customs And I wish that the remainder of the said two tenements and the rented tenement in which I reside shall be sold by my executors and the money arising from such sale shall be handed to the Convent of the Carmelite Brothers in Kingston upon Hull in order that the same brothers and their successors for ever shall pray and celebrate masses for the souls of myself and my wife and all believersd And the residue of all my goods my debts paid I place in the disposition of Alice my wife which same Alice Robert de Ruddestan and Sir Hugh de Wyghton the chaplain I constitute my executors In witness of this aforesaid will I have affixed my seal Given at Kyngston upon Hull the day and year aforesaid.
(Probate granted of the said will at York the tenth day of the
month of May in the year of our Lord 1396 the said Alice
having renounced.e)
(a) From the original probate entry in abbreviated latin in the York Probate Registry, Vol. I, Fol. 86.
(b) The actual date of this will would be the Monday following the 2nd February, 1395/6.
(c) Full information upon the Guild of the Corpus Christi will be found in Surtees Society, Vol. LVII, The Guild of the Corpus Christi, York.
(d) And for many a day the monks sang "Messe, placebo and dirige, and Messe of requiem" for the welfare of their souls,
" But now no masse is said, no requiem sung—
The priest is mute, the choristers are gone."
There was a William de Waghen, a monk of Meaux, and camerarius from the feast of St. Martin, 1393, to the same feast in 1394. He was also a member of the choir of the same abbey at the feast of St. Martin, 1396, having the eighth choir seat from the West on the South or decani side. (Chron. Monast. Melsae. Also East Riding Arch. Soc. Trans., Vol. I, p. 3.)
(e) From the original probate entry in abbreviated latin in the York Probate Registry, Vol. I, Fol. 96.
In 1396 Will. Alne, according to Drake, but William Awyne, according to Gent, was made Bailiff of the City of York.a
At York Probate Registry it is recorded that a Probate Act was made in respect of the will of Sir Robert de Waghen as follows:—
Memorandum that on the seventeenth day of the month of January in the year of our Lord God Almighty 1398 probate of the will of Sir Robert de Wahgne vicar of Nafertonb was granted to Thomas Benyngton and Isabel the wife of the said Thomas the executors named in the said will.c
There is also at the York Probate Registry a will of John Wawan of Scardeburgh (i.e. Scarborough) dated the 2nd September, 1398, and proved at York the 4th September, 1398. It refers to his wife Isabella but no children or other relatives, and it is probable he was of the family of Wawayn of Scarborough, of which several members appear in the fourteenth century.d
On the 27th October, 1399, at Westminster, a mandate was granted by the King on the information of the Constable of England, to all admirals and others on the supplication of John de Waghen of Beverley that whereas he sued before Albert, count Palatine, duke of Bavaria and count of Holand and Seland, for payment of 852 1/2 nobles 22d. of English money due to him from Pelegrin Florenson, merchant and burgess of Leyd[en] in Holand, and Diedrich Jacobson of Delf in Holand and Richard II by letters patent wrote to the duke asking for justice
(a) The same William Waghen who was Lord Mayor in 1415.
(b) Nafferton, two miles North-East of Great Driffield.
(c) From the original entry in abbreviated latin, Vol. 3, Fol. 13. The will has not been registered. See note (c) p. 23 ante. How far these records of priests are of use in a genealogical work is doubtful. At a council held in London in the year 1102, archbishop Anselm forbade wives to the English priesthood and clerical celibacy was one of the most violently disputed questions at the Reformation; for eight years it was felony in England to defend sacerdotal marriage as permissible by the law of God.—(Statute of the Six Articles, 31 Henry VIII, c. 14.) The fullest and best work on this subject is the History of Sacerdotal Celibacy, by Henry Charles Lea (3rd Ed., 1907, 2 vols.)
(d) This will in latin is printed in Surtees Society, Vol. IV, Testamenta Eboracensia, Pt. I. Robert Wawayne was sent to Parliament for Scarborough in 1307 (ante p. 13). Robt. Wawayn, joint Governour of Scarborough Castle, 1322 (Baker's Hist. of Scarborough). On Edward II visiting Pickering in 1323, there was paid to Dighton Wawayn, valet of Robert Wawayn, carrying letters from his master to the king, gift—2s. (Wardrobe Accounts, Edward II),
but he has had no remedy, the king should grant him letters of marque against the duke and his subjects, to seize all ships of the parts of Seland and Holand in any ports and places within the realm with the masters, mariners, goods and merchandise in them and to certify thereon to the king in Chancery.a
According to the inventory of the estate of Thomas de Dalby of York, Archdeacon of Richmond, made the 21st May, 1400, it appears the deceased owed at the time of his death to William de Wawen and, John de Midilton xiijs. iiijd. for a decree against the Prior of Lancaster (pro placito contra Friorem Lancastricae).b
(a) Cal Pat. Rolls, I Henry IV, Pt. I. The document in latin is set out in full in Poulson's Beverlac, p. 160. Beverley was at this period a seaport town. This mandate shews the singular method prevailing at that time of enforcing payment of debts due from subjects of a foreign country, and a method which would be thought to be subject to grave risks. The letters of marque above do not appear to have had the effect required, for, according to Rymer's Foedera, Vol. II, they were renewed on the 7th May, 1412, and again on the I4th May, 1414. They were countermanded by the King on the 24th July, 1414, but, notwithstanding this, the King on the 5th December, 1414, again ordered the arrest of ships of Holand for the reprisal of John de Waghen of Beverley. A noble was of the value of 6s. 8d., a gold coin now long since obsolete.
(b) Surtees Society, Vol. XLV, Wills and Inventories III, p. 17. This William de Wawen was a lawyer, and was appointed on the commission dated the 7th April, 1401 post.
