Equity Suits

Equity suits, or civil litigation, mainly concerned disputes over inheritance, lands, debts, marriage settlements, etc. The main court of equity was the Court of Chancery, but from the mid 16th century until 1873 the Exchequer Court also dealt with matters of equity. After 1873, all equity jurisdiction passed to the Chancery Division of the Supreme Court of Judicature.

The equity side of the Court of Chancery handled an enormous amount of business, dealing with disputes over inheritance, lands, debts, marriage settlements, etc. It functioned from the 14th century until 1873, when all equity jurisdiction passed to the Chancery Division of the Supreme Court of Judicature. The equity jurisdiction of the Exchequer Court ran from the mid sixteen century to 1841, when it was taken over by the Chancery.

Litigants had to satisfy the Court that their claims were just, and in many cases, particulary in those concerning land, the evidence they presented to the Court demonstrated relationships, and land transfers, going back, sometimes, for several generations.

In contrast to the common law courts, the amount of detail given in equity cases is almost overwhelming. The records abound in vivid sketches of daily life, particularly of disputes among families: they are also in English.

All the Bubwith references below came from the TNA Catalogue.

The following references for Ellerton have all been taken from the TNA Catalogue.

Reference Details Date
C 143/53/22 John Hassok, Adam Crust, William Sayf, Thomas son of John son of Simon, John de Waplington, and Alice de Hayton to grant land in Lathum, Ellerton, and Great Bergh to the prior and convent of Ellerton, retaining land. York. 1305-1305
C 241/70/165 Debtor: Richard, the son of Henry de Ellerton, Thomas Spynk of Ellerton, and John, the son of Henry de Ellerton [of Yorks]. Creditor: The Master and Brothers of St Leonard's, York. 1310 Nov 26
C 241/76/45 Debtor: Thomas de Pickering, knight [held part of Ellerton in Harthill Wapentake, E.R.Yorks]. Creditor: Reyner le Fleming [merchant of York] 1312 Oct 10
C 241/117/359 Debtor: Robert, the son and heir of Thomas de Pickering, [Thomas held part of Ellerton in Harthill Wapentake, E.R., Yorks.]. Creditor: Agnes, who was the wife of William de Midgley [of Yorks.]. 1342 Dec 17
C 241/117/369 Debtor: Robert, the son of Thomas de Pickering [Thomas held part of Ellerton in Harthill Wapentake, E.R., Yorks.], knight. Creditor: William Fox, citizen and merchant of York. 1342 Oct 13
C 241/117/159 Debtor: Robert, the son of Thomas de Pickering, knight [Thomas held part of Ellerton in Harthill Wapentake, E.R.Yorks.] Creditor: Ralph de Lascelles, knight [held land in Ellerton and Escrick, Harthill and between Ouse and Derwent Wapentake, E.R.Yorks, and in Kirby Knowle, Birdforth Wapentake, N.R. Yorks.] 1343 Aug 29
C 143/298/10 Gerard Salvayn, knight, to grant messuages and land in Thorpe-le-Street (Parva Thorp juxta Haiton) to the prior and convent of Ellerton, retaining the manor of North Duffield. York. 1350-1350
C 241/130/220 Debtor: Robert de Pickering of Ellerton [N., or E.R., Yorks.]. Creditor: John Fleming of Couplands [of Clifton, Morley Wapentake, W.R., Yorks.], knight. 1351 Nov 12
E 322/81 Ellerton Priory, Yorks (East Riding); Gilbertine Canons 1538 Dec 11
E 211/69 Indenture Parties: Sir Henry Knyvet, kt., and Anne his wife; Thomas, Lord Audley, Lord Chancellor; Thomas Duke of Norfolk, Lord Treasurer; Sir Richard Ryche, kt., Chancellor of the Court of Augmentations, and Edward North esq., Treasurer of the same. Places or Subjects: Escrick, Bielby, Latham, Thorganby, Wigginton, Ellerton, Scruton and Naburn. County Yorks. 1540-1540
C 1/1325/63-68 Thomas WOOD v. Peter VAVASOUR, knight, J.P.: Grange of ggate of the demise of the late master of the order of Sempringham and convent of Ellerton.: YORK. 1553-1555
C 3/14/85 Plaintiffs: Francis Barker. Defendants: Richard Coo and others. Subject: lands previously belonging to Hutton Chapel, Newbrugh Abbey, Ellerton Priory etc in Sessay, Skerne, Wighton, East Cottingwith, Naborne, Thornethropp, South Newbolde, Thorgansby, Tykhill, Thornton, Faukus alias Faukefosse, Pocklington, Kirk Heaton, Garton upon the Wolds, Greisborough, Sunderland Wick, Patrick Brompton, Cleisly Chapel, Stapleton etc, Yorkshire. 1558-1579
C 147/88 Grantor: John Garnons, of Garnons [in Mansell Gamage], esquire, and Robert his son and heir-apparent. Grantee: Hugh Bethell, of Ellerton, Yorks [?E.R], esquire, and Thomas Powell of London, gentleman, executors of the will of Blanche Parrye, principal gentlewoman of the Queen's Privy Chamber deceased. Place or Subject: Manors of Garnons and Barr's (Bares) Court in Hereford; lands in Hereford, Mansell Gamage, Byford, Shutton [in Mansell Gamage] and Peterchurch. County: Heref 1590-1590
E 134/14Jas1/East16 Phillip Padmore v. Walter Bethell, George Butler, Wm. Crawe, Wm. Fawcett.: Lands in Ellerton, Nunappleton, Fronstead Garth, in Ellerton, lands in the suburbs of York; whether parcel of the late priory of Clementhorp? Lands in Cottam, in Cleveland, and East Cottam. Rent. Meets and bounds. Survey. Whether the marks and bounds of such lands have been removed to defraud His Majesty of his rents? [Geo. Middleton, and the possessions of Lord Coniers and Lord Lumley, in East Cottam, are mentioned.]: York 1615-1616
C 3/394/47 Plaintiffs: Richard Aske. Defendants: Roger Blancharde. Subject: property in Ellerton, Aughton, Lathom, West Cottingworth, Thorganby, Holme, Goodmanham, Huggate, Deighton, Naburn and Cleaving, Yorkshire. 1625-1640
E 134/8Chas1/Trin10 Sir Robert Ducie, knight and bart. v. Sir Arthur Robinson, knight, Henry Robinson.: Ellerton Grange, &c., lands in W.Cottingwith and Thorganby, &c., &c. Touching the payment of a fee-farm rent of 13l.9s.2d. to the Crown.: York 1632-1632
C 91/8 Ellerton Subject: Charity 1640-1640
E 134/35Chas2/Mich6 William Bethell v. Thomas Fligg, John Rotherforth, Peter Fawcett, Thos. Swan, senr., Henry Hodgson, Richd. Webster, Robt. Williamson, Margt. Blanchard, John Fligg, Robert Gray, Edwd. Horsley, John Webster, Willm. Spright, Mary Swan, Geo. Bradley, John Hotham, Jane Blanchard, John Blanshard, Nathl. Fligg, Hugh Swan, Thos. Rotherforth, Robert Cliffe, Thos. Swan, junr.: Rectory or parsonage of Ellerton and East Cottingwith, the manor, &c. of East Cottingwith, and the monastery near York. Metes and bounds. Tithes. [The names, &c. of Sir Hugh Bethell, junior, deceased (plaintiff's late father), Walter Bethell (eldest son of Sir Hugh, and elder brother of the plaintiff), and Hugh Bethell (only son of Walter), are mentioned.]: York 1683-1683
C 110/41 DRAPER v DRAX: Deeds (original and copies) relating to:Ellerton, Yorks, and Claxby Pluckacre, Lincs 1692-1692
E 134/4Geo1/Hil7 Bethell Robinson, gent. v. Jane Hewitt, widow and executrix of Francis Hewitt, late of the city of York, gent., Thos. Keighley, gent., and his wife Mary, Robt. Appleton, junr., gent., and his wife Frances, Elizabeth Hewitt and Frances Hewitt, spinsters.:Messuages, &c., in Ellerton, Ellerton Pickering, and Ellerton Priory (York), formerly the estate of Walter Bethell, late of Ellerton (grandfather of the plaintiff), who was thrice married, whose daughter (by his first wife Mary Bethell) married Arthur Robinson, late of York city, merchant (plaintiff's late father), &c., &c. Mortgage, &c. Touching an extent (made about 25 years ago) upon the lands of said Arthur Robinson, upon a bond given by him as security for Isaac Sugden's due performance of his office as one of the receivers or deputies to Ralph Williamson, who was then receiver-general to their Majesties King William and Queen Mary of the land tax arising in the county of York and elsewhere. [The names and possessions of Richard Hewitt, late of York city, gent., John Priestley, late of same city, grocer, Isaac Sugden, late of said city, merchant, Ralph Williamson, of London, esquire, Francis Hewitt, late of York city, grocer, Hugh Bethell (son of said Walter Bethell by his second wife), and Christobella Bethell (daughter of said Walter Bethell by his third wife), who married William Stringer, are mentioned.]: York 1718-1718
C 11/1317/3 Plaintiffs: John Brown aged 15 years (by William Young, yeoman of Ellerton, Yorkshire). Defendants: William Blanshard, Peter Brownridge and Richard Corney. 1731-1731