King Charles I; Margaret Jobson and Walter Jobson.
Refers to a case of Easter Term, 1632, brought by Edmund [Sheffield], Lord Sheffield and Earl of Mulgrave, Thomas [Wentworth], Viscount Wentworth, Lord Lieutenant and President of the Council of the North, Sir Richard Button of Goldsburgh, knt., Justice of the Court of Common Pleas, Sir Thomas Dawney of Cowick, knt., Sir John Jackson of Hickleton, knt., and other feoffees in trust for the minister, schoolmaster, usher, and six almsmen of Snaith, with Sarah Yerburgh, late wife of Edmund Yerburgh, deceased, and Charles Wood of Cowick, as complainants, against Walter Jobson, nephew of Walter Jobson of Brantingham, esq., deceased, Marie Harby, Adrian Bower, Edmund Bower, Margaret Jobson, widow, and Thomas Martin, or the survivors of them, as defendants.
The Bill declared that, 23-24 years before, Walter Jobson (now deceased) held, among other properties, the cell or priory of Snaith with all its rights and privileges, sometime belonging to the dissolved monastery of Selby, with the close called Prior Haggs, 10 acres in Freeman Haggs, 13 acres in the south field of Snaith, and the small and privy tithes of Pollington and Balne, then or late in the occupation of Richard Rowth, with the Priory Pighill, a windmill, a flatt of land in the south field containing 12 acres, then or late in the occupation of George Lambert, the Priory Garth, a dovecote, and the churchyard, then or late in the occupation of William Headlie, a close, 2½ acres land, and 4 acres meadow, then or late in the occupations of Thomas Daniell and Richard Laverocke, a close of arable or pasture then or late in the occupation of William Bradley, 6 acres land in the closes of John Stanhope, gent. (the whole containing 30 acres) then or late in the occupations of Nicholas Riccard, William Casson, Thomas Motherby, Bryan Bouth, John Rudd, Christopher Lonnesdale, and George Harrison, a flatt of land or meadow in the south field containing 12 acres, then or late in the occupation of Richard Laverocke, and other parcels of land or meadow containing 30 acres, then or late in the occupations of Robert Gravell, Francis Lambert, John Brigg, Thomas Gleadall, William Bradley, Richard Laverocke, and Paul Peeres, 2 acres in the south field, the mill baulk, Scottgarth, a house then or late in the occupation of William Sampole, 2 more acres in Mr John Stanhopp's close, ½ acres in Bawne Garth, ½ acres in Are Garth, then or late in the occupations of Guy Taylor, Robert Hawton, and Thomas Riccard, all the properties lying within Snaith and Cowick; with all privy tithes of lambs and wool and all great and small tithes (other than growing hay and corn) in Heck, Hensall, Pollington, Balne, Gowdall, Snaith, and Cowick, and a moiety of the same tithes (except as excepted) at Whitley, and all other rights and privileges of Snaith Priory.
By indenture of 29 October, 6 James I , Jobson conveyed all the above to Nicholas Waller the elder and Nicholas Waller the younger, his son and heir. He had previously granted an annual rent charge of £60 to William Barker, D.D., deceased, the details of which were unproved, but Jobson had entered into a statute in £800 for the payment, and a further bond of £3000 with the Wallers to preserve their estates from the charges of the annuity. During his lifetime, Jobson, had continued to pay the annuity from his other properties.
By indenture of 3 December, 15 James I  the Wallers had sold to the complainants, Tobias [Matthew], archbishop of York, deceased, and others, the close called Priory Garth with all tithes and other receipts from Snaith, Cowick, Phipping, Park, Balne Croft, Gowdall, Hensall, Heck, Little Heck, Pollington and Bull Croft, with a moiety of the small tithes etc. of Whitley. These were to be held to uses of the Wallers during the life of the father, and thereafter to the uses of the younger Waller for ever on condition that he pays to the minister of Snaith (appointed at his nomination) an annual sum of £40 as set out in the deed, and so long as the minister takes the profits of Priory Garth and inhabits the house built thereon. If Waller breaks this arrangement by non-payment within 20 days, or otherwise, then the properties to revert to the archbishop and the other complainants as feoffees in trust, subject to same payments (but the patronage to remain with the Wallers and their heirs). This arrangement had been implemented, and had been maintained for several years without being affected by the annuity of £60, the statute of £800, or any other encumbrances.
Nicholas Waller the younger had since died, and the property had reverted wholly to his father. He, by deed of 20 May, 21 James I  had conveyed to Matthew, the complainants, and others named, a messuage or tenement in Snaith, then in the occupation of Henry Arthington, having the tenement of Sir Thomas Dawney (then in the tenure of Thomas Denby) to the east, and that of Thomas Daniell (in the tenure of William Wayd) to the west, Priory Pighill, the windmill in the west field called Priory Mill, Prior Haggs, 12 acres in Freeman Haggs, 2 flatts of land and meadow in the south field called East and West Prior Flatts, 2 acres land or meadow in the south field (one lying beyond the Deepsike, the other at the Over Lowpe, then in the tenure of Richard Laverocke), 8 acres meadow in the Longdoles in Snaith Ings at the [ ] Acre Flatt, then in the tenures of George Harrison, William Casson, Bryan Bowth, Mark Hollings, Robert Thornebrugh, Robert Gravell, Margery Lambert, and Thomas Gleadall, 3 acres meadow in the Priory Flatt in the Half Acres in Snaith ings, in the tenures of Bryan Bowth, Thomas Gleadall and Christopher Lownsdale, 3 acres meadow in Snaith Haggs and 1 acres meadow called Humas Acre in Snaith ings, then or late in the tenure of Mark Hollings, a moor in the English moors in the moors of Cowick and Snaith, called the Prior Moor, then in the tenures of Paul Johnson and George Cooke, the Prior Flatt Close in Middle Oxney in the west field of Snaith, the mill baulk, in the tenure of Robert Hawton, the site of a messuage in the west end of Snaith with a little garden at the south and west end and the buildings thereon established as almshouses for six poor widowers of Snaith, 2 closes of pasture in the Prior Haggs then in the tenures of Henry Motherby and Thomas Fisher, 2 closes in Prior Haggs then in the occupations of Isabell Motherby and William Motherby or one of them, 6 acres 3 roods arable in two flatts in the east field of Snaith and Cowick (one lying on the south side of the way near the windmill called King's Mill, the other lying beyond the Fishe Close and abutting Capp Garth), 1 acres meadow in the Prior Flatt in the Half Acres; 1 acres meadow in the Nine Acres, Pryors Flatt in the Longdoles in Snaith Ings, a flatt of meadow in the south field, being Middle Prior Flatt, then in the tenure of Mark Hollings, with all the rights and titles of Nicholas Waller the father to the above properties, all formerly part of the possessions of the late dissolved monastery of Selby. Some of the properties were to be held by the archbishop and the other parties to uses of Waller for life, and thereafter to uses of Edmund Yerburgh and Sarah his wife and her heirs, subject to an annual payment of £30 to the schoolmaster and usher of Snaith (£22 per annum to the master and £8 per annum to the usher), they being nominated by Waller for life, and thereafter by Yerburghs and her heirs. The payment to be made quarterly, but if in arrears by more than 20 days after Waller's death, the properties were to be held by the archbishop and others as trustees in fee to allow the schoolmaster and usher to receive the income, but the right of nomination was to remain vested as above. The remainder of the properties were to be similarly held, subject to payment of £20 per annum to the almsmen of Snaith, who were to be nominated as above. Again, if payments in arrears by 20 days, the reversion to be as above. These incomes had been duly received and paid without being subject to the annuity of £60 or the statute in £800.
During his lifetime, Walter Jobson also possessed a grange or farm with other lands called Mowthorpe Grange, worth at least £120 per annum, which had been mortgaged to Sir Michael Wharton for £600, subject to repayment with interest at a time now past. The indenture ensured that Mowthorpe Grange would pay the annuity of £60, to release the Snaith properties from any involvement therein. The mortgage deed remained in the hands of Walter Jobson the nephew or his associates. Jobson (deceased) also had property at Brantingham worth at least £20 per annum, which in equity should be charged with the statute. The complainants claimed that only Mowthorpe Grange and the Brantingham property should be charged with the statute and attendant obligations.
Shortly after the death of Walter Jobson, his nephew had discharged the mortgage from Wharton, knowing of the provisions for the annuity, and had taken possession of Mowthorpe Grange and the Brantingham properties. He had continued making the payments of the annuity, without making any claim on the Snaith properties. By collusion with Adrian Bower, acting as executrix of Edmund Bower, in turn executor of William Barker, the original grantee of the annuity, and with Marie Harby of London, widow, sometime wife of the above Barker and now the rightful recipient of the annuity, the payments had been allowed to lapse and the statute of £800 had become forfeit. Adrian Bower had thereupon sought recompense from all the lands previously belonging to Walter Jobson the uncle, excluding those at Brantingham but including the Snaith lands. Jobson the nephew then went to court against, but in collusion with, Harby and Adrian Bower, gaining an order to allow him to distrain on the lands for £800. Thereafter, under pretended contract with Harby and Bower, and the defendant Bower (who claimed that Adrian Bower was dead and he was the executor for the interest in the annuity and statute), Jobson attempted to charge the free lands with the annuity or greater part thereof, proceeding on the extent of the statute against the Snaith lands and Mowthorpe Grange, but no others, charging the former with £30 per annum a moiety of the annuity, although Mowthorpe Grange and the other properties were twice as much. Edmund Bower, as executor of Adrian, had continually sought to press the extent against the Snaith priory lands, thus causing constant actions, to the detriment of the minister, master, usher, and almsmen. The complainants had brought them to court under sub poena, and the defendants had confessed most of the material points.
The case had first come to court on 18 June last, when the grant of the annuity by Jobson the uncle for 3 lives yet subsisting and the other above circumstances were recited, and the case passed to Mr Justice Vernon for decision. He found that Jobson could act as above, the plaintiffs having redress against him on the bond in £3000. An order was accordingly issued on 1 July, subject to appeal, which was duly made, on 9 October, on the grounds that the complainants were not party to the previous case. Their complaint was duly upheld, and the lands accordingly discharged, when on 26 October 8 Charles I  it was decreed that no assignment of the extent on the statute of £800 could be allowed, and the order of 1 July was rescinded. With the assent of James Watt, minister of Snaith, and of Margaret Jobson and Walter Jobson, it was also decreed that Watt should pay £5 per annum to Walter Jobson, Margaret Jobson his mother, and Michael Jobson his brother, during the joint lives of Watt and Margaret Jobson, half-yearly at Lady Day and Michaelmas, commencing at Lady Day next, in the south porch of Snaith parish church. It was also decreed that the Snaith lands were to be free of all extents and encumbrances, the annuity being wholly payable from the Mowthorpe Grange property, and that the case should thus be ended.