York. 4 John.
No. 143.—At York, on Saturday in the feast of St. Clement
at York (sic), 4 John [23rd November, 1202].
Between William, son of Arkill, (fn. 1) plaintiff, and Benedict, the
chaplain of Tateham, tenant, of twenty acres of land with
appurtenances in Tateham.
William released his right in the land to Benedict and his
heirs, for which Benedict gave him 4 marks of silver.
Divers Counties.
"Lancastre—Westmeriland." 9 John.
No. 51.—At Westminster, on the Octave of St. Hilary,
9 John [20th January, 1208].
Between William, Prior of Cartmell, plaintiff, and Ralph de
Buethum, deforciant, respecting common fishing in the water of
Kent.
Ralph acknowledged the common of fishing of the said water
of Kent to be the right of the Prior and of the Church of St.
Michael of Cartmell, upon this wise, to wit, that when the water
of Kent shall lie between the said Ralph's land of Swinesnese
and Heuesholme, the fishing from opposite Swinesnese, by the
head below Heuesholme—when the water lies upon the sand so
that men can pass between land and water on either side,—shall
be common throughout and for all, both to the Prior and his
successors, and to Ralph and his heirs, down to the sea. When
however the water of Kent shall lie close to Ralph's land of
Arnuluesheued (fn. 2) or Heuesholme, on any portion of Heuesholme
(ex quacumque parte de H.), or to the crags thereof, and there
shall be pools there (Wellæ), lying close to the land and to the
crags, these pools shall be solely, freely, and quietly to Ralph and
his heirs, and all the remainder of the water shall be common,
from the said Swinesnese by the head below Heuesholme, down
to the sea. And when the water of Kent shall lie between the
land of Cartmell and Heuesholme, the fishing shall be common
from opposite Breidegate, by the head below Heuesholme, both to
Ralph and his heirs, and to the Prior and his successors, unless
the water shall lie hard upon the land of Cartmell (nisi eadem
aqua jaceat firmiter ad terram de C.), and there shall be pools
there. Then in that case those pools shall be solely, freely and
quietly to the Prior and his successors. For this acknowledgment
the Prior gave Ralph five marks of silver. (fn. 3)