Mowbray Deed of 1360 – from Peck’s Isle of Axholme (1815)

A true copy of the ancient deed of JOHN DE MOWBRAY, some time Lord of the ISLE of AXHOLME, and the Honour of BREMBER, made to the Freeholders there, after he had made an approvement to himself of some of the Wastes within the Manor of EPWORTH in the said Isle; and is now translated out of French into English by WILLIAM RYLEY, keeper of the records, in the Tower of LONDON. The said MOWBRAY and his predecessors, and also successors, Dukes of NORFOLK, were a long time lords of the said manor.

THIS INDENTURE, between their thrice honoured lord SIR JOHN MOWBRAY, lord of the Isle of Axholme and of the honour of Brember, of the one part; RAWLYN of BRUMHAM, WILLIAM of BRUMBAM, ROGER OF BRUMHAM, JOHN of THETILTHORP, THOMAS MELTON, JEOFFERY LUNDELS, VINCENT BAVANT, JOHN GARDNER, JOHN CUTWULF, RICHARD OF BELWOOD, and JOHN at HAGH, his tenants of the Isle of Axholme, and all the tenants and resiants within the said isle, on the other part, Witnesseth that all the said tenants and resiants, have supplicated their said lord, Sir John Mowbray, to remedy divers claims touching their right, and divers debates and grievances to them made by the ministers of the said lord Sir John Mowbray, upon which supplication it is agreed, that the said Sir John, lord aforesaid, hath granted for him and for his heirs, to the said Rawlyn, William, Roger, John, Thomas, Jeoffery, Vincent, John, John, Richard, and John, tenants aforesaid, and to their, and to all having their estate, or parcel of their estate, and to all the other tenants and resiants, within the Isle of Axholme, and to their heirs, and to all that hereafter shall have their estate, all the things underwritten that is to say : That the said Sir John, not his heirs, shall not approve any waste, moors, woods, waters, nor make or shall make any other manner of approvement of any part within the said Isle of Axholme. And that the said Rawlyn, William, Roger, John, Thomas, Jeoffery, Vincent, John, John, Richard, and John, and their heirs, and those that shall have their estate, or parcel of their estate, and all other tenants and resiants within the Isle of Axholme, shall have their common which is appendent to their free tenements, according to that which they have had and used time out of mind.

And also that the aforesaid Rawlyn, William, Roger, John, Thomas, Jeoffery, Vincent, John, John, Richard, and John, and their heirs, and all those which their estate, or parcel of their estate, shall have, and all other the tenants and resiants within the aforesaid Isle, may dig in the moors and marshes, turfs, trees and roots found within the soil of the said moors and marshes. And that one pound, containing one half acre, be made at the cost of the said tenants, and maintained hereafter by the said lord and his heirs, in Belton Carr, and one other in Haxey Carr, containing as much, and that they be made in places for the most ease of the said tenants. And that no chase of beasts of commoners be made but once a year, and the said beasts be not otherwise driven but to the pound of the pasture where they shall be taken, and there the beasts of the said tenants to be delivered by the tenants aforesaid, or by their servants; and saving always to the said tenants, and to their heirs, and to their servants, that they may take their beasts and receive them in the drift, or before the drift, so that the drift of beasts of strangers be not thereby disturbed.

And that in the severalities of the said lord adjoining to the places in which they have common, which are open and not inclosed, no beasts of the said tenants and commoners be taken nor impounded, but easily driven out. And that the said tenants and resiants and their heirs, and all those which their estate, or parcel of their estate, shall have, may dig, and take turf, or other earth, for the walls of their houses, and for all other necessaries of the said houses, and for to inclose the walls of their messuages or mansions. And to dry flags in all the said wastes, for to cover the ridges of their houses and walls, and for bringing the trees to repair the river of Trent, when cause of repairing is, and to make them new.

And that the said Rawlyn, William, Roger, John, Thomas, Jeoffery, Vincent, John, John, Richard, and John aforesaid, and all other the tenants and resiants, their heirs, and all those which shall have their estate, or parcel of their estate, hereafter, be not for the future amerced or grieved for default of not appearing to ring their swine. And that they may put hemp to be rated in all the waters of the isle, (except the skires which are severed to the said lord, Sir Jonn Mowbray,) and that the said lord, nor his heirs, nor his ministers make no molestation nor grievance to the dogs of the fore-named tenants and resiants afore. said, nor to their heirs, not to those which have their estate, or parcel of their estate, and if they do, the tenants shall have their recovery at the common law.

And that the aforesaid Rawlyn, William, Roger, John, Thomas, Jeoffery, Vincent, John, John, Richard, and John, tenants aforesaid, and all the tenants and resiants, their heirs, and all those which hereafter shall have their estate, or parcel of their estate, may fish through all the waters and wastes of the said isle, without impediment of the minister of the said lord Sir John Mowbray, except the skires aforesaid; and also that they may dig turf, and all other manner of earth, in all the wastes aforesaid, to carry and improve their land at pleasure. And that none of the tenants aforesaid, or of their heirs, or of those having their estate, impeached or trespass by the ministers of the said lord, be amerced for trespass without answer given in court, and then by their peers to be fined and taxed if they be amerciable.

And the said John granteth, that all the tenants, and their heirs, and all those which shall have their estate, which are bound to inclose the woods of the lord, may take underwood to make them new hedges, or to repair them, as much as shall be necessary, that is to say-the places of the said woods of the said tenants, their heirs, and of those which shall have their estate, without being impeached or grieved by the ministers of the said lord Sir John Mowbray. And the said John granteth, for him and his heirs, that all the things and articles aforesaid be of effect and force in the law, as well to those which are generally named tenants, and their heirs, as those which shall have their estate, or parcel of their estate, as to those which are named by proper names, and their heirs, and those which shall have their estate or parcel of their estate. And if in the articles aforesaid there be any point which may have divers interpretations on intendments, that it shall be taken to the best advantage of the names, or of the tenants aforesaid, and of their heirs, or of those which shall have their estate, and not otherwise.

In witness whereof the parties aforesaid have interchangeably put their seals. Given at our Manor of EPWORTH, the First day of May, in the year of the reign of EDWARD the THIRD (after the conquest) Thirty-Three.

This copy agrees with the original French deed, translated and examined by WILLIAM RYLEY, clerk of the records, in the Tower of London, 1652.

THE freeholders and commoners had a trial, verdict, judgement, and execution upon it, at the Exchequer Bar, in Michaelmas Term last, in the name of Thomas Vavasour, a gentleman of an ancient family, son of Henry Vavasour, son of Thomas Vavasour, the grandfather; son of Henry Vavasour the great-grandfather, who married Joanne, one of the daughters of Robert At-Hall; to whom, by partition made between her and Elizabeth and Mary her sisters, the same place called Belwood, did come. Robert At-Hall was son and heir to Oliver At-Hall, who was son and heir of Margery, one of the daughters and heirs of Thomas Beltoft, and Emmot, his wife; to whom, by partition with Elizabeth her sister, the said place called Belwood came. Emmot was daughter and heir to Richard de Belwood, who is one of the eleven specially named in the deed of Mowbray, and layeth entombed in the parish church of Belton, in a tombe called Belwood tombe; and Thomas Vavasour, the grandfather, desiring upon his death-bed to be buried near the said tombe, was, after his death, laid in the tombe, (the tombe being broken open for that purpose) where a pair of slippers was found at the feet of Richard de Belwood, whose bones are there yet in lead.

All things have ever since passed according to this deed, till now of late that the projectors came in against law.