Calendar of Inquisitions Post Mortem, Volume 25, 1437-42

JOAN WIFE OF JOHN BABTHORP DAUGHTER OF JOHN LELY

522 Writ de etate probanda. 30 January 1441. [Bate]. The lands and tenements of the inheritance are in the custody of William Babthorp by commission of the king [CFR 1422–30, p. 209]. Have William informed of the forthcoming proof of age.

YORKSHIRE. Proof of age. The castle at York. 30 March 1441. [Vavasour]. [Inquisition: ms torn away at top left.]

The jurors were each examined alone regarding the true age of Joan. They swear that she was born at Drax and baptised in the parish church there on the feast of St Wilfred the Bishop on 12 October 1424 [both versions of the date in ms]. She is now 16 years, 24 weeks and more. Thomas Cerff , 60 and more, was at Drax on that day. Isabel Harper was midwife, and she brought a comb for Joan as soon as she saw her born because she had a hairy head. Thomas saw and heard his. William Mascald , 60 and more, paid fealty at Drax to John, Joan’s father, for some land that had descended to him after the death of Richard his brother. Thomas Thomasson , 60 and more, paid homage at Drax to John, Joan’s father, for some land that had descended to him after the death of William Thomasson , his father. John Rusholme of Drax, 60 and more, was at Drax and sold a horse to John, Joan’s father, for 10 marks. He then saw Joan. John Warde , 60 and more, was at Drax to promote peace between John, Joan’s father, and a certain John Sergeant , regarding various disagreements between them. He then saw Joan. Richard del Wood , 60 and more, was at Drax and made various indentures of peace and reconciliation between John, Joan’s father, and John Sergeant . John Helmeslay [no age given], was at Drax with John Warde for the peace between John, Joan’s father, and John Serjeant . He agrees with John Warde in everything. Richard Newland [no age given], agrees with John Warde in everything. John Hoberd , 60 and more, was at Drax with John Warde for the peace. He agrees with Richard Newland in everything. John Otter [no age given], was at Drax and was sent as messenger to John, Joan’s father, to tell him of the birth of Joan his daughter. John Scargyll [no age given], agrees with John Otter in everything. Thomas Nelson [no age given], agrees with John Otter in everything. [Dorse:] Before the king in his Chancery.

C 139/104/45 mm. 1, 4

523 Writ to the sheriff from the escheator . † 29 March 1441. Order to empanel 18 good and law-worthy men for a jury for the proof of age to be held on 30 March 1441 at York Castle [522], and to have their names and this order there. [Dorse:] The response of Robert Waterton, sheriff, is shown in the panel sewn to this order.

YORKSHIRE. List of men empanelled for a jury.

Mainperned by John Paly , Richard Day , Richard Clay , and Adam Hill: Thomas Cerff , sworn; William Chestre of Gateforth; John Williamson ; William Mascald , sworn; Thomas Thomasson , sworn; John Rusholme of Drax, sworn; John Warde , sworn; John Williamson [name repeated]; Richard del Wood , sworn; John Symson ; William Lawton ; John Helmeslay , sworn; Richard Newland , sworn; John Hoberd , sworn; Robert Dryffeld ; John Otter , sworn; William Otter ; John Scargyll , sworn; John Mewys of North Milford or South Milford (Milford); John Sawmon ; John Barun of Sherburn in Elmet; Richard Nelson of Balkholme; Thomas Nelson , sworn; Robert Dayle of Thorner; William Gleson ; and John Comberton . [Head:] Jurors for the king before the king’s escheator.

C 139/104/45 mm. 2–3

‘Thursday in the 4th week... [ms torn away] 19 Henry VI’. The missing word is taken to be ‘Lent’: see also 523 for the date of the proof of age. See CIPM XXIII, no. 421 for an identical statement taken in Hampshire 12 years previously.