Escheat and recognisances 1605. And Pacification document 31b
Escheat: The process under common law by which freehold land in England and Wales, which has become ownerless, reverts to the Crown as the ultimate owner of all land.
Before starting this post proper, here are a few more key terms:
Recognisance: A promise, or undertaking, made in a court of law to do what the court requires. Often on behalf of another person. And backed by a bond (sum) of money which will be forfeited to the court if the undertaking is broken.
Eg, Jack is bound over to keep the peace, backed by the recognisance of his brother Jim in the sum of £50. If Jack then breaches the order, Jim has to forfeit the money to the court.
Custos Rotulorum: Principal justice of the peace of the county, who is also keeper of the rolls and records of the sessions of the peace.
Recettor: a variant of ‘receptour,’ a harbourer of criminals.
Escheat in the 1600s
Generally speaking, escheat happens when someone dies without making a will and without having any legal heirs able to claim probate.
However, if you were the King in centuries past, you didn’t have to wait for someone to die to grab their land and possessions. (Or even speed up that natural process with the axe!).
And if you were the captain of Carlisle Castle in 1605, tasked with helping to pacify the border, you could always ask the King to use other people’s land to fund your efforts.
He might not jump at the chance to enrich you without a few checks. But it would also help things if the landowners had made recognisances and could be accused of breaking them.
Pacification folio 31b
Which brings us to Pacification folio 31b, as found on on the Reivers website.
As a reminder: I’ve been working my way through them slowly, in no particular order to be honest. You can find more-interesting ones here
and here
Escheat and recognisances
The first part of folio 31b is dated June 27, 1605, and is a letter from King James I/VI to the English Commissioners, wanting to know which recognisances have been forfeited, and why. Ie which undertakings to the courts have been broken, and how.
The second part is a letter from the Earl of Northampton. This was Henry Howard, who was ‘known for his unscrupulousness and treachery’ and if nothing else, a survivor, given that at one point, he hoped to marry Mary Queen of Scots and overthrow Queen Elizabeth I.
Henry says that Sir Henry Leigh has asked for the escheats of the goods of English fugitives and those aiding or harbouring them, with the benefit of all forfeited recognisances.
There is some confusion over Sir Henry Leigh (there appear to have been two of them) but the one doing the asking has to have been the bloke charge with ‘suppressing tumults on the border.’
The fugitives aren’t named, but some of the Grahams, for sure, had made recognisances, and it’s likely other reiver families had been obliged to do the same.
In the folio, the earl reports that the King will not grant the seized assets to Sir Henry Leigh until he (the King) has heard the English commissioners’ report on the subject.
My transcription follows:
Pacification folio 31b
The copie of His Majesty’s warrant to the English Commissioners
concerning the forfeited wrecognizances in the counties
of Northumberland, Cumberland and Westmorland.
James R
Trusties and welbeloved, we greet you well. We are informed that there are remayning
of record before the Custos Rotulorum of the counties within your commission many
recognisances forfeited, whereof no ?execution hath – been made, whereof our pleasure
is that you call to the said Custos Rotulorum and clarke of the peace to deliver your
each of them under their hands a note of such recognisance as do remayne forfeited
before them and for what cause. -th you shall put ?foreward up to us, and likewise that
from henceforth once in the yeare you do make it a like certificate. Given
under our signet at the Palace of Westminster the 27th day of January in the third
year of our rayne of Greata Brittaine, France and Ireland.
To our trusties and welbeloved the commissioners for our middle shires of Greate Brittaine,
The copie of the Earle of Northampton to Sir Wilfed Lawson, Sir William Selby and the rest of the commissioners for causes concerning the late
borders of Scotland.
After my verie hartie commendations whereas His Majesty hath been moved in the be-
-half of Sir Henry Leigh that in recompense of his service and the better to
inable him to beare the burthen and to discharge the duties of the place he houldes
His Highness would be pleased to grant unto him the escheats of the goods as well
of the fugitives, and such as are denounced disobedients by the proclamation on the
English side, as Sir Wililam Cranston hath on the Scottish side, as also of all the
recettors, aiders, abettetors, comfortors or harbourers with the benefytt of all recognizances
forfeited by His Majesty by their ?sureties for their not ?appearance according to the
?severall conditions of their recognizances as should or ought grow due to His Majesty by vertue
of the commission, within the county of Cumberland, for s-ing as His Majesty is grati-
—ly disposed to doe him reasonable favour, yett not to grant this his suit until
he shall be satisfied by you (that best knowing the substance thereof) of the equitie or
Inequities of his position. His Majesty’s pleasure therefore is that you take special care
to inform yourselves throughlie of the ?state of this suit and that you ad-
your opinions thereof as soon as conveniently you may, that his Majesty may therebye
take such further consideration for answer as shall be necessary. And so I bid you
hartily well to ?fare . From the court at Grafton the 20th of August 1605.
You verie loving friend
Northampton