Roger Brigham shall pay the said Tho. Greenside 100 and interest. upon the 26th day of September next then the said term shall cease, determine, &c., and the said Roger Brigham doth covenant, &c. that he will pay the said Tho. Greenside the said £100 as aforesaid, and also that the said term now is good and valid in the law and in full force and in no wise merged, changed, surrendered, &c., and that the said Roger Brigham and John Routh have good right, &c. to confirm, &c. unto the said Tho. Greenside the said house and garth and the said Tho. Greenside shall and may after default shall be made in the payment of the said £100 and interest occupy and possess the said premisses, and take the rents, &c. thereof without lett, &c. from the said Roger Brigham and John Routh, and moreover the said Roger Brigham shall at any time after such default at the request of the said Tho. Greenside make such further act, &c. for the better assigning, &c. of the said mess. as shall be reasonably required, and the said John Routh doth covenant, &c. that he hath not done anything whereby the said messe., &c. may be charged, merged or anyway incumbered, and lastly, it is hereby declared and agreed that the said Roger Brigham shall and may peaceably, and quietly hold and enjoy the said messge., &c. and take the rents, &c. until default shall be made in payment of the said £100 and interest.

Inrolled August 13, 1723.

Indenture, May 4, 1724, between Bradshaw Peirson of Gray's Inn in the county of Middlesex, Esq., of the one part, and John Thomas of Newton in Cleveland, yeom"., of the other part, witnesseth that the said Bradshaw Pierson hath granted, released, &c. unto the said John Thomas (in his actual possession and seizin by an Indenture of bargain and sale dated the day next but one before the date of these presents and of an Indenture of release between Benjamin Pyne, Citizen and Goldsmith of London, of the one part, and the said John Thomas on the other part, and do purport the conveyance of the messge., barne, little close or garth, oxgang of land and hereditaments herein mentioned to the use of the said John Thomas by the said Benjamin. Pyne,) the messe. wherein the said John Thomas now inhabitts in Newton abutting upon a garth belonging to the said Benjamin Pyne in the possession of Math. Rigg on the south, upon a messe. belonging to Will. Norton, Esq., on the north, upon the town street of Newton upon the west, and upon Newton Pasture on the east; also a barn

**

This, I think, is, as a document involving a variety of matters of interest to such as care to note old usages and customs, old or obsolete terms, and matters cognate or connected with them, one of the most fertile and communicative I have almost ever met with. We have Newton Pasture, Newton Lower Pasture, the New Close Pasture, all specified: we have the characteristic description of the Oxgang,

and a little close over against the said messge.; an oxegang of land, arable, meadow and pasture lying dispersedly in the townfields of Newton in several pieces, all in the mannor, &c. of Newton and now in the tenure of the said John Thomas; two beastgates in the lower pasture of Newton; a beastgate in Langbargh Riggfield; three avarage gates in Newton Fields in avarage time; two and a half wintergates in the pasture; the sixth part of a gate in the new close pasture; the fourth part of a summer-gate in a place called Milnbeck, some years in the Summer Pasture and other years in Langbargh Rigg fields, as accustomed; two sheepgates in the Fallowfield, and a beast gate in Newton-Ings from Lady Day to the third day of May as fully and to all intents and purposes as the said John Thomas hath held and doth now hold and enjoy the same, and also so much of the ground and soile of the said pastures as doth belong to and will fall to the shares of the owner of the said mess, and oxgang of land in respect of the said cattlegates when the said pastures shall come to a partition or division, together with all manner of houses, outhouses, &c. and the reversion, &c. to the only proper use and behoofe of the said John Thomas.

Inrolled October 8, 1723.

Indenture, May 4, 1723, between Bradshaw Peirson of the one part, and John Jackson of Great Ayton, gent"., of the other part, witnesseth that the said Bradshaw Peirson hath granted, &c. unto the said John Jackson by vertue of an Indenture of bargain and sale for one year, dated the day next but one before the date of these presents, and of an Indenture of release dated the day next before the date of these presents between Benjamin Pyne of the one part and the said John Jackson of the other part, purporting the conveyance of a mess., oxegang of land, &c. to the use of the said John Jackson by the said Benjamin Pyne, the messe. with two orchards and a garth on the backside thereof in the town of Newton; an oxgang of land, arable, meadow and pasture lying dispersedly in several parcells in the townfields, that is to say, one rood piece adjoining on the Milnbeck on the "arable, meadow and pasture, lying dispersedly in the townfields in several pieces": beast-gates, average gates in "avarage time," summer-gates, winter-gates, all mentioned; the fact that such gates might and did vary as to their location in different years; sheep-gates named, the duration of time as to which some of these "gates " were limited, and the distinction between winter-gates and summer-gates, set out for notice in a marked way. And besides all this there is the more than admitted probability that all these several rights or privileges were approaching a foreseen termination" when the said pastures shall come to a partition or division." One such "partition or division," the formal award connected with which I copied out in full a few months ago, was singularly instructive as well as interesting. Its date was thirty-five years later than that of the present document.

south; one Milnbeck-wand adjoining also on the Milnbeck; one wand called Lowsy bush-wand lying within the Ings gate; another wand called Greystone-wand; another wand lying a little from Carrfootgate all in the field commonly called Newton Ings; also two lands lying together in a field called the Flatts, about an acre, four lands lying together in the middle of the same flatts; two butts † lying together within Greenhowcar-gate in the same field; and another butt also in Greenhowcar-gate; a butt lying in Ramshaw-Hill-field or Spout-field a little from the Spout Runnel; a land lying a little from Skammell Beck; half a land at the farr side of the Spout-field; two lands lying together on that side towards the town on Ramshaw-Hill; two lands and a gaire ‡ lying together called Calf-Criblands in the field called Chappell-Well in Newton, a little from the Oxclose-Nook; two swaithes § a little from Chappell-Well || in the said feild; two lands

* This document from the quality of its contents is even of greater interest than the last, with which in other respects it is most closely connected. In fact it supplements the other in a singular manner by reason of the details it proceeds to give as to local matters, in which the former was deficient. The present term, or wand, is one I have not previously met with in this connection. That its signification is a division, rather than a measure," of land is, of course, apparent; that it was a long and narrow division, or slip, is surely to be inferred; and I think it is more than an inference that it was a slip of pasture-land as distinguished from arable. If that be so, it shuts out any supposition that the term is an abbreviation of wandales: for the wandales originally were long divisions or slips of the common-field of the vill. I am inclined to couple it with the winds or wynds of the old towns of the North of England as well as Scotland. There were, for instance (if not "there are ") "weends" (so sounded) in Yarm, and these winds were lanes or alleys, not so very narrow, several of them. The pronunciation of wind, with the i long, in Cleveland is " weeănd," the a syllable being as short and sharp as possible; and provided only the term wand was pronounced waind, as I think it must have been, the connection of the word might be looked upon as established. But the origin or derivation would still be to seek. Halliwell gives the word "wand, to inclose with poles," but with no further information. It is quite possible that these wands were marked out by the aid of dowells or stubs, set at the ends of the slips at proper distances apart : nor do I know that that consideration is inconsistent with what is stated before. My fishing-rod in Berwickshire fifty years ago was usually called my "wahnd."

+ I have contended, in opposition to Mr. Seebohm and others, that these pieces of land, or rather the pieces of land called "butts," did not depend for their names on the circumstance of their abutting on this or that object or thing; but that they were the short ends of "lands" cut off from the longer portions or slips they belonged to by casual circumstances, such as the passage of a road or a foot-way, a small water-course or what not. This idea is singularly confirmed by these entries.

This is Mr. Seebohm's "gore" or "gored acre." At p. 6 he writes "corners of the fields which, from their shape, could not be cut up in the usual acre or halfacre slips, were sometimes divided into tapering strips pointed at one end and called "gores" or "gored acres." The more customary name for these angular-shaped pieces in the more purely Scandinavianised parts of the district was "wra," a term of much more frequent occurrence in the North Riding than gore or gair. This word has been dealt with before. See Vol. IV., p. 162. See note on Chappellkell at a previous page: p. 56.

lying near Littleworth-Style; a land lying in a place called the Cattwhinns; a land lying upon Whitegate Hill; and a land lying at Fisher Style; also two cowgates in the cowpasture; † a beastgate in Langbarugh Rig-field; and so much of the ground or soile of the said pasture as doth belong to the said oxgang &c.; together with three avarage gates and two pasture gates till Lady Day, and a gate in the Ings till the 3rd day of May, and so many sheepgates in the Fallow-fields as do belong to the said oxgang, together with all houses, outhouses, &c.

Inrolled October 8, 1723.

Indenture May 4, 1723, between Bradshaw Peirson of the one part, and Leonard Hoggard of Newton in Cleaveland, yeom"., of the other part, witnesseth that the said Bradshaw Peirson, hath granted, &c. unto the said Leonard Hoggard by virtue of Indentures of sale and of release between Benjamin Pyne of the one part, and the said Leon. Hoggard on the other part, the mess, wherein the said Leonard Hoggard doth now inhabit; an oxgang of land, arable, &c., lying dispersedly in the townfields of Newton; two beastgates in the cow-pasture; a beastgate in Langbargh Rig-field; three avarage gates in Newton-fields in avarage time; two and a half winter-gates in the pasture; the sixth part of a gate in the winter-gates; the fourth part of a gate in a place called Milnbeck, some years in the sumer pasture, and other years in Langbarugh Rigg-field; two sheepgates in the Fallow-field; a beastgate in Newton Ings from Lady Day to the 3rd May as fully as the said Leonard Hoggard hath held and doth now hold and enjoy the same, and so much ground, &c., as doth belong to the owner of the said messge, and oxgang, with all houses, &c. for the only proper use of the said Leonard Hoggard.

Inrolled October 8, 1723.

Indenture May 4, 1723, between Bradshaw Peirson, of the one part, and John Bennison of Newton in Cleaveland, Mason, of the other part, witnesseth that the said Bradshaw Peirson hath granted, &c. to the

* Of interest from a botanical point of view. The plant named is the wild rose (Rosa canina). In the Freeholders' Wood near Aysgarth falls, there are said to be growing thirty different varieties of the " dog-rose." I myself saw fourteen gathered by a non-botanical party one day a year or two ago, and without deviating ten yards on either side from the ordinary foot-way from the station to the falls. There must have been a similarly distinguished spot at this place.

Here we have to note the special cow-pasture of the township, with pasturage for so many cows, and no more in it.

The limitation of the sheep-gates to the fallows is the noteworthy matter here. The beast-gates, cow-gates. . . and so forth were in special pastures. Not so with the sheep.

said John Bennison by virtue of Indenture of sale, and of release between Benjamin Pyne and the said John Bennison, the cottage house or tenement in the tenure of Tho. Moone, Blacksmith, with the smith-shop and a garth or curtilage; a grass garth, part of an oxgang of land; several pieces of ground in the townfield which, with the said grass garth, make up an oxgang of land, that is to say, three lands in a field called Farflatts; four swaithes near the Greystone in Newton Ings; two swaithes in the said Newton Ings in a place called Milnebeck; two lands in Newgate-field at a place called Fisher Style; a land at Whitegate-hill in the same field; three lands at the washing-stone; a land in the said last mentioned field in a platt called the Cottwhinns; at Langbarughgate two half-lands lying next the east hedge; two lands near Dimbledough-hill; a bogg-butt and two lands in Spout-field near Ramshawhill; two lands in the same Spoute-field in a place called the Butt of the Ashes; a land in the same field at the town-end, the next land save one to the hedge; two swaythes in the same field under the wood; two beastgates in the cow-pasture; a beastgate in Langbarugh Rigg-field; and so much of the ground &c., together with four avarage-gates in Newton fields in avarage time, one whereof doth belong to, and hath been used in right of the said cottage, and the other three in the right of the said oxgang of land; also two wintergates in the pasture; two sheepgates in the Fallow-field and a beastgate in the Ings from Lady Day to May 3rd yearly, also all other lands and grounds within the townfields which the said Tho. Moone doth now hold as part of the said oxgang of land, together with all houses, &c., unto the said John Bennison.

Inrolled October 8, 1723.

Indenture May 1, 1723, between William Dinmore of Sowerby, chirurgien, and Sarah his wife, of the one part, and Tho. Marshall of Earsley Peele, yeom"., of the other part, whereas the said Will. Dinmore and Sarah his wife or the one of them is by several good and [?] mesne conveyances lawfully possessed of, interested in, or intituled unto a mess., and an orchard, garden or croft in the said Will. Dinmore's possession; four oxgangs of arable land in Sowerby field; four gates in a field called Oxmoor; five closes called the Sandholmes in the possession of Will. Johnson; a garth called the Brick-garth in possession of Tho. Routh; a close called the Streetfield in possession of Rob. Young all in the lordship or mannor of Sowerby, for several numbers or long terms of two thousand years heretofore made and granted by Sir Tho. Lascells, Knight, deceased, and Will. Lascells his son, also deceased, in the reign of our late Sovereign Lady Queen Elizabeth now this Indenture witnesseth that the said Will. Dinmore