1323-06-08, Cowick

Inspeximus and confirmation of an indenture dated at York, 14 Kalend. March, 1291, between Master Thomas de Corbrigg, sacristan or warden of the chapel of St. Mary and the Holy Angels, York, and the abbot and convent of Kirkestall, of the Cistercian order in the diocese of York. A contention having arisen between the said sacristan and the said abbot and convent, represented by Roger de Roderham, their fellow monk and proctor, touching the tithes of lands and meadows cultivated at their own expense by the abbot and convent in their manors of Colingham and Berdeshay, which they hold of the king at fee farm, which manors are in the parishes of Colingham and Berdeshay; the said contention was settled with the counsel and consent of Master John de Craucumb, archdeacon of the East Riding, vicar general of J. archbishop of York then absent in distant parts, and official of the court of York, as follows. The abbot and conyent and their successors to be quit of all tithes on their said lands and meadows in the said manors, whether of ancient cultivation or to be newly assarted, so long as they shall hold the said manors of the king at fee farm; but as regards those lands and meadows which divers tenants, whether free or servile, rich or poor, hold in the said manors from the abbot and convent at the time of these presents, in case any or all such lands and meadows shall come to the hands of the abbot and convent, . Parr 2. 297 and shall be cultivated at their own expense, the abbot and convent _shall pay tithes without question, as the said tenants have paid. On the other hand, if the abbot and convent or their successors shall hereafter at any time demise to other persons any of the lands or meadows in the said manors, whether cultivated by them at the time of these presents or hereafter brought into cultivation by them, the said sacristan or the rectors of the churches of Colingham and Berdeshay for the time being shall receive the tithes thereof until they return to the hands of the abbot and convent. For this immunity the abbot and convent have given to the said Master Thomas and his successors all the land of Upper Wodeacre, without impediment to closing it at close time and opening it at opening time, and the several meadow called Appelgardheng lying near the churchyard of Berdeshay on the south side, with its dykes, so long as they hold the said lands and meadows of the king at fee farm, to hold as freely as the said church of Berdeshay and the said sacristan hold the land wherewith the church of Berdeshay is endowed ;. and will warrant them against all persons. Also they will pay the said Master Thomas and his successors or their attorneys 10 marks 3s. 8d. a year at York in half yearly instalments, the first payment to be made at the Purification, 1292, so long as they hold the said lands and meadows of the king at fee farm, with this proviso, that if by fraud or simplicity they fall away from this immunity, and are compelled to pay the tithes of the said lands against the form of the present letters, the said land of Upper Wodeacre with the said meadow shall revert to them, and they shall not be bound to pay the said money. And if they shall fail in their said terms of payment or in their warranty of the said land and meadow, it shall be permitted to the official of the court of York, whether the see be void or not, to compel them by ecclesiastical censure to pay the said money and also 36s. 4d. a year for the value of the said land and meadow. And if the beasts of the abbot and convent and their successors or of their men enter the said several meadow because of any defect of enclosure, they shall not be impounded, but shall be chased away without hurt. By fine of 20s.