Sea-Wrack (continued).
263. (C. p. 224).—The abbot of Holmcoltran before Hugh de
Cressingham and his fellow justices claimed free warren in all his
demesne lands in Flemingby; also sea-wrack in Holmcoltran, and
freedom from suits, county courts, wapentake, common of
amercements, fines, tolls, passage, pontage and stallage [1292].
263a.(H. 1).—Pleas of the Crown before Hugh de Cressingham and other justices itinerant at Carlisle, on the morrow of All
Souls, 20 Edward [Nov. 1st, 1292]. Bailiwick of Cumberland and
Allerdale; re sea-wrack claimed by the abbot of Holmcoltran
throughout the island of Holmcoltran; also by Thomas f. Lambert
de Multon in all his lands in Coupland and by the abbot of St.
Mary's, York, in all his lands in Coupland, by what warrant is
unknown. They appeared in person. The abbot of Holmcoltran said that his predecessors were seised of sea-wrack, etc.
and the jury found this, etc. [sic]; therefore the king may have a
writ against him if he should desire it, etc. [sic]. As to the abbot
of St. Mary's and Thomas f. Lambert, the case is tried elsewhere
[1292].
264. (C. pp. 225-231).—Pleas before Hugh de Cressingham
and his fellow justices at Carlisle, 20 Edward. The king by
William Hynge v. the abbot of Holmcoltran claims the island of
Holmcoltran and 30 acres of land and 8 acres of meadow at
Hildekyrk, of which king Henry his great-grandfather was
seised. The abbot in person replied with the charters of king
Henry, king Richard and king John giving the bounds of the
grant of Holmcoltran and Rabi; and as to Hildekirk he showed
the charters of king John and king Henry III. Then Hugh de
Multon, Robert de Haverington, Hubert de Multon and William
de Boyvill, knights, elected the following:—John de Hodliston,
Robert de Feritate, Thomas de Culwenne, Thomas de Neuton,
John de Terriby, Richard de Kirkebrid, Thomas de Derwentwater, Henry de Seburham, Geoffrey de Seburham, Adam de
Dolfinby, Walter de Bampton, Robert de Wyterigg and Richard
de Laton; who said on their oath that the abbot had more right
in the above than the king. The enquiry was postponed sine die.
Fines paid at the visit to Carlisle of H. de Cressingham and other
justices 21 Edward [I, 1293], £1705 12s. 4½d.
The same abbot was summoned to show by what warrant he
claimed to be free of common fines, amercements and suits of the
counties and wapentakes, toll, pontage, passage, lestage and stallage [i.e. tolls at ports and fairs], free warren in Flemingby, seawrack (wreckum, anything cast up by the sea) and 'wayf' (the
Latin bona waviata, goods abandoned by the owner or by the thief
who had stolen them) in Holmcoltran. He replied in person by
exhibiting charters of King John and King Edward; he did not
claim 'wayf' but he claimed sea-wrack by king Henry's charter
giving the whole island of Holmcoltran, etc. William Hynge
objected that the said charter did not expressly mention seawrack, but the abbot replied that his predecessors had always
taken wrack before the time of King Richard without hindrance.
The jury found that all these rights had been enjoyed by the
abbey, including sea-wrack.
In the octave of St. Hilary, 22 Edward [I, 1294] at York, the
abbot appeared by attorney. Roger de Hegham, in place of
William Hinge, pleaded that sea-wrack was not expressly included
in the charter of Henry [II] and was a crown right, not the appurtenance of any tenement. It was considered that the king
should recover sea-wrack against the abbot. The coroners of
Cumberland were directed to make a sworn statement of the
value of the sea-wrack and put it before the justices within three
weeks after Easter, and the sheriff to charge it in his accounts.
As to other liberties named in the charter, the enquiry was
deferred.