Sixteenth Century Yorkshire Fines
In sixteenth century England, the best way of ensuring that there was a legal record of a land transfer, was to use the Fine system. This involved the new owner of the land (the "plaintiff") taking the former owner of the land (the "deforciant") to court to force him to relinquish the land. This he readily agreed to do, and after paying the required "fines" to the court, the decision, and hence the transfer, was recorded in the court records.
The agreements were normally written out three times on a single sheet of parchment – two copies side by side and one copy across the bottom (the foot) of the sheet, separated by an indented or wavy line. The purchaser kept one copy, the seller the other and the final copy – "the foot of the fine" – was kept by the court as a central record of the conveyance. Using one piece of parchment separated in this way gave protection against fraud or forgery as only the genuine copies would fit together.
The following sections are extracts from the Yorkshire Feet of Fines which record land transfers involving the Manor of Hebden. Feudal property law was complex, and at this time was in a state of flux, with limitations put on the right to entail property, and more importantly, on the ability to convey land to another with restrictions. Many of the conveyances listed below would effectively have been the modern equivalent of a lease with limitations.
The Manor of Hebden had been owned by the Tempest family of Bracewell, near Barnoldswick, since about 1399 when Sir Piers Tempest married Grace, the daughter and one of two heiress of Sir Nicholas Hedben. According to Whittaker, the Tempests only inherited a moiety, the other half going to the Angevyn family. Other evidence, as below, gives reason to doubt this.
The line of succession for the Tempests involved with these Fines is complex. It starts with Sir Richard Tempest, who played a major role in the Battle of Flodden. Unfortunately, he joined the Pilgrimage of Grace following Henry VIII's break with the Catholic Church, and died of disease in Fleet Prison in 1537 whilst awaiting trial. He fared better than his brother Nicholas, who was hanged, drawn, and quartered at Tyburn for his involvement in the rebellion. In 1522, Richard Tempest is known to have been the Overlord of the Manor Of Hebden, so he must have held it all at that time.
Richard's first son, Sir Thomas Tempest, who was High Sheriff of Yorkshire, died without issue in 1545, so the second son John inherited. John Tempest was knighted by the Earl of Hertford on September 23rd 1547 in Berwick-on-Tweed. His is the first name to appear in the Fines below. He also died without surviving issue, and the estate passed to Richard's third son, Nicholas. On his death, the estates were inherited by Nicholas's son, Richard Tempest, Esq., who was the last Tempest to own the Manor of Hebden. The names of Richard and his brother Robert also appear on the Fines.
The Fines show the Manor of Hebden, together with other parts of the Tempest lands, being transferred several times within a period of 35 years. It was in a lot mortgaged for £1,420 in 1572, and a subsequent attempt to redeem it in 1587 failed. The mortgagee then sold the Manor in 1589 to William Toppan, Robert Eshe, and Peter Blande who became the Trust Lords. The first two individuals were were almost definitely from Hebden, as their family names were recorded in the 1543 Lay Subsidy Assessment. Only two of the 12 cottages in the vendor's original mortgage were included in the sale. The other ten must have been retained or sold separately.
There is no evidence that the land was sold on to the tenants, and it is unlikely that they could afford it. It is likely that most of the township continued to be owned by absentee landlords until the start of the twentieth century.
In the early 20th Century, Eleanor Blanche Tempest of Broughton Hall, near Skipton, wrote a manuscript, “Tempest Pedigrees” which is a detailed account of the Tempest family from the early 12th Century to the early 20th Century. It is held in the British Museum, but a transcript of the document is available on the web, and those extracts which relate to the transcribed Fines are included below.
Transcriptions of the Feet of Fines
1555 - TRINITY TERM. 1st and 2nd Year of the reign of Philip and Mary.
Plaintiff: John Tempest, kt.
Deforciant: Charles Awngevyn, esq., and Anne his wife
Property: The moiety of the manors of Hebden, Conystone, Burnesall, and Thorpe, and of 100 messuages and 60 cottages with lands there, also the moiety of the advowson of Burnesall church.
"Tempest Pedigrees": "In October 1555, he paid 60s for licence to convey to Charles Awngevyn and Anne his wife the moiety of the Manors of Hebden, Conyston, Burnsall and Thorpe &c. and moiety of the advowson of Burnsall church"
Comment: "Moiety" is half, and "advowson" was the right to appoint a vicar or rector to a parish post. Burnsall had two rectors, and so there was a right to appoint one them. A "messuage" is a dwelling house with outbuildings and land assigned to its use. John and Charles Awngevyrn were the joint tenants of Burnsall and Hebden in 1552. The significance of this transaction is unclear. According to Whittaker, the Angevyns and Tempests originally each owned a moiety of the land, but other evidence indicate that the Tempests had sole title to the Manor of Hebden, at least. However, Burnsall was split into two, hence having two rectors until 1876.
1557 - EASTER TERM. 3rd and 4th Year of the reign of Philip and Mary.
Plaintiff: George Keynsham, gent., and Elizabeth his wife
Deforciant: John Tempest, kt.
Property: Manors of Hebden, Conystone, Burnesalle, and Thorpe, and 60 messuages with lands in the same and the advowson of Burnsalle church.
"Tempest Pedigrees": "He mortgaged his estate for £400 to George Keynsham (Close Ro: 4 & 5 P & M pt 8) and in April 1557, George Keynsham and Elizabeth his wife paid £6 to concord with Sir John as to the manors of Conyston, Burnsall and Thorpe, 60 messuages, &c. and the mediety of the advowson of Burnsall; the fine being levied at Easter (Com. Plea: Ro:, No. 1170, Easter, 3 & 4 P & M, m.20 & Yorks Fines, vol. 1, p.206).... In May 1562, Sir John with his nephew Richard Tempest, acknowledged a debt due November 62 to George Keynsham for £1000."
Comment: They have mortgaged the Manor of Hebden to George Kenynsham.
1563 - HILARY TERM. 6th Year of the reign of Elizabeth.
Plaintiff: Richard Tempest de Bollynghall, esq., Thomas Watterton, esq., Alexander Ryssheworthe and Richard Tempest de Newstede, gent.
Deforciant: George Kensham, esq., and Elizabeth his wife
Property: Manors of Waddyngton, Esyngton, Pathorne, Hebden, Conyston, Burnsall, Thorpe, and Bollyng als. Bollynghall, and 100 messuages, 6 cottages and 6 watermills with lands in the same and in Great Horton, Little Horton, and Bradforde, also the advowson of the church of Burnsall.
"Tempest Pedigrees": "His wife being dead and having no children, the 31 July 1563, he (Sir John) enfeoffed Thomas Wentworth of Woodhouse, Matthew Redman of Harewood esqs. Francis Waterton and John Rydeyarde, gents, to hold the manors of Hebden, Conyston, Burnsall and Waddington, after his death for his nephew, Richard son of his brother Nicholas Tempest...
... At Hilary term 1563-4 Sir John, Nicholas and Richard Tempest with Thomas Waterton, Alexander snworth and Richard Tempest of Newstede were deforciants in a fine of the above manors and advowson, 100 messuages, 60 cottages, 2 water mills and one windmill, with lands etc: in the same places, Thomas Wentworth, Matthew Redman etc: being plaintiffs (York Fines, vol. 1, p.280)
Comment: Sir John Tempest seems to be sorting out his affairs whereby he was transferring land to be held in Trust for his nephew.
1567 - EASTER TERM. 9th Year of the reign of Elizabeth.
Plaintiff: William Brogden.
Deforciant: Richard Tempest, esq.
Property: Land in Hebden and the moiety of the advowson of Burnsall church.
Comment: Significance unclear.
1567 - TRINITY TERM. 9th Year of the reign of Elizabeth.
Plaintiff: Richard Sheffeld and John Dycconson
Deforciant: Richard Tempest, esq.
Property: Manors of Waddington, Hebden, Conyston, Burnesall, Thorpe, Thorneton, and Easington, and 200 messuages, 100 cottages, and 8 watermills with lands in the same and in Wylsden, Collynworth, Hayneworth, Bredford, Bollynge, and Horton, also the advowson of Burnesall church.
"Tempest Pedigrees": A fine of their manors also of Waddington, Hebden, and Thornton, with land etc: in the same and in Wilsden, Collingworth, Hayneworth, Bradford, Bolling and Horton, with the advowson of Burnsall church, was levied at Easter 9 Elizabeth 1567, Richard Tempest being deforciant and Richard Sheffield and John Dycconson plaintiffs (Yorks Fines, vol. 1, p.341).
Comment: Significance unclear.
1572 - HILARY TERM. 15th Year of the reign of Elizabeth.
Plaintiff: Richard Tempest, esq.
Deforciant: Robert Savile, esq.
Property: Manor of Hebden, and 30 messuages with lands in Hebden, Burnsall and Lynton.
"Tempest Pedigrees": At Hilary 1572-3, Richard Tempest was plaintiff against Robert Savile esq. in a fine of the manor of Hebden, 30 messuages etc. with land there and in Burnsall and Lynton, and at the same time Richard and his brother Robert Tempest conveyed the same to Nicholas Bateman (Yorks Fines, vol. 2, pp.28 & 29)....
Richard Tempest of Bowling having agreed 18 December 1572 to convey to Nicholas Bateman of Kendal co. Westmoreland, gent., the manors of Hebden for a sum of money (mortgage) under pressure his brother Robert joined in the conveyance and became bound with Richard in a Recognizance for £1420 to Bateman (Chanc: Proceed. Eliz: Series 2, Bdle 219, No. 12). At Hilary 1572-3, Richard Tempest was plaintiff against Robert Savile esq. in a fine of the manor of Hebden, 30 messuages etc. with land there and in Burnsall and Lynton, and at the same time Richard and his brother Robert Tempest conveyed the same to Nicholas Bateman (Yorks Fines, vol. 2, pp.28 & 29)."
Comment: Sir Richard Tempest was taking out a mortgage for £1420 on the Manor of Hebden, and land in Burnsall and Linton. The mortgagee was Nicholas Bateman.
1572 - HILARY TERM. 15th Year of the reign of Elizabeth.
Plaintiff: Nicholas Bateman
Deforciant: Richard Tempest, esq., and Robert Tempest, gent.
Property: Manor of Hebden, and 30 messuages, 12 cottages, and a watermill with lands in the same
Comment: Hebden obviously wasn't wanted, because almost immediately Richard and his brother Robert re-mortgaged it.
1589 - EASTER TERM, 31st Year of the reign of Elizabeth
Plaintiff: William Toppan, Peter Blande, and Robert Eshe
Deforciant: Randal Bateman, gent., and Ann his wife
Property: Manor of Hebden and 30 messuages and 2 cottages and a water-mill with lands there.
"Tempest Pedigrees": Early in 1587, he (Richard Tempest) tried to redeem the manor of Hebden from Randolf, son and heir of Nicholas Bateman, which the 18 December 1572, he had joined his brother Richard in conveying (for mortgage) to said Nicholas Bateman (Chanc: Proceed: Series 2, Bdle 219, No. 12).
Comment: The attempt by Richard Tempest to redeem the mortgage taken out on the Manor of Hebden in 12 for the Manor of Hebden was unsuccessful, and it was sold by the mortgagees to three locals.