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The
following is a transcript of DX/28/6, a transcript document held by
the Brynmor Jones Library, Hull University, to whom go my thanks for
permission to use it here. Written in the year 1517, it is a
Hull Bench Book entry catalogued at Bench Book 3 pp 103 6, folios
104 6, concerning a Star Chamber ruling between the Prior of Haltemprice
and the Mayor of Hull. It is written in the English of the time,
so I have endeavoured herein to make it easier for the uninitiated,
easier to read and make sense of (hopefully). The syntax remains
the same, many of the spellings have been updated, and a certain but
restricted amount of punctuation inserted. It resides within
the web page as a separate window because it is a very long passage.
Using the thumbnails on the main page can access photographic images
of the original.
This
indenture made the 26th day of the month of June in the
nineth (sic) year of the reign of our sovereign lorde King Henry the
Eighth Witnesseth that where as certain variances and controversyes
(sic) hath been moved and strived of and for diverse claims between
John Nandych (sic) prior of the priory and house of Haltemprice within
the county of Kingston upon Hull and the convent of the same place
on the one part, and Roger Busshell (sic) now mayor of Kingston above
said by consent wills and agreement of all the aldermen and burgesses
of the same have given and committed their
. power and auctoryte
(sic)[authority] unto John Elland, George Matheson, and Edward Madyson
aldermen of the same town of Kingston on that other part; Whereupon
it is covenanted accorded and ffully (sic) concluded between the said
priory and convent and the aforesaid John Elland, George and Edward
Madeson, aldermen, by virtue of the said authority so to them jointly
committed to one end determine and conclude all such said controversies
as have been depending between the same priory and Kingston aforesaid
as in manner and form hereafter ensuing, that is to wete (sic) [that
is to say] / of and for all and singular royalties within the fore
said county of Kingston and for the spring of fresh water there named
the east wealle (sic) [well] of Anlaby within the same county
The same mayor aldermen and burgesses of the same Kingston granten
and permission for them and their successors mayor aldlermen and burgesses
for the time being by these ascent perpetually that the said prior
and convent and their successors for the time being shall have, occupy,
and enjoy peaceably and quietly forever the Lordships of Willerby
and Newton [my emphasis] within the precinct of the said priory
as hereafter followeth the bounds thereof, that is to say from a gate
called Le Gate without gang unto the end of Willerby on the south
part with all the Lordship of Willerby bounding to Cottingham on the
north side with the Saryned (sic) dyke of the east side and unto the
said gate, as the said precinct of the said lordship hath been customably
occupied and used in times past And the said mayor aldermen and burgesses
of the said town wollen (sic) and granten for them and their successors
for the time being for ever to the said prior and convent and their
successors for the time being for ever to have and occupyeth and
within the said bounds without any interruption vexation trouble
or aggressiveness of the said mayor aldermen and burgesses or of any
other persons of the same town [my emphasis] to have hold and
peaceably to enjoy to the said prior and convent and to their successors
for which as is above said court of lets within the said precinct
with all manner of profits and advantage and commodities growing or
coming of the same court from time to time thereunto belonging or
anywise appertaining without any let interruption or contradiction
of the said mayor aldermen and commonalte of the said town for the
time being Also it is fully agreed between the said parties that the
said mayor aldermen and comonalte (sic) [commons] of the said town
shall have course of the descending of the fresh water of the said
spring called Est Wille within the town of Anlaby within the county
aforesaid and in like manner and form as they have the same enjoyed
And also it is further accorded and agreed that the township of Anlaby
and the township of Heysyll (sic) [Hessle] customably shall have course
and
.. of the said spring and water called Est Welle as it hath
been used and occupied in times past and the said well and the course
of the water by the agreement of the said parties shall be ordered
as hereafter followeth, that is to say that the said township and
comonalte (sic) [commons] of the town of Anlaby shall sufficiently
cleanse and secure the said spring and head at two times of the year,
that is to say, within the month of Michaelmas and within the month
of Easter and so to continue the same cleansing for ever Also it is
fully determined and agreed that the said spring and well and the
head of the same [Spring Head?] be not sufficiently cleansed at the
times aforesaid that then it shall be lawful to the said mayor and
his successors for the time being at their proper cost and expenses
shall cause the said well and head sufficiently to be cleansed at
the sight of four persons of the township of Kingstown aforesaid and
to be associate to them two persons of the township of Anlaby and
other two persons of Haysyll (sic) [Hessle] above said so that one
of then shall be officer to Sir George Talbowse (sic) [Tallboys],
Knight, and to his heirs and so hereafter perpetually to continue
and the said officer of the said Sir George at the making of these
present being hath promised covenanted and granted in the name of
the said Sir George that he and all other officers after him in that
same being shall defend and keep that the salt water shall not corrupt
nor hurt the said freshwater as much as is within the precinct of
his office / Also it is fully determined and agreed that the course
of the said water shall be indifferently looked upon by eight men
named within the said towns of Kingston upon Hull Anlaby and Hasyll
(sic) [Hessle] to ley (sic) [lay] the stok (sic) [stock] so that the
said stok maybe laid indifferently that the water of the said welle
and spring may have right course unto the said Kinstown upon Hull
Anlaby and Hasyll in like manner as it hath been used and occupied
in times and as ever continually to endure
.. by these present according
to the agreement aforewritten in witness whereof to the one part of
these indentures remaining toward the said Prior and convent the common
seal of the said town of Kingston is put and to the other part of
the same indenture abiding with the said mayor and aldermen the aforesaid
prior and convent have put their convent seal the day and year first
above written.
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