The family of Malbis
(Malebisse or Malbys) had been in Yorkshire since the time of Henry I or earlier.
I don’t want to give a long pedigree here, but I would like to show the how family
died out, their heirs and some of their connections with other families.
In the early fourteenth
century, the head of the family was Sir John Malbis who died shortly before 8
March 1316, when the writ for his inquisition post mortem was issued. [1]
He is the last of the family for which a post mortem exists and it allows us to
see the family’s main land holdings: - The manors of Acaster Malbis, Copmanthorpe
near York, Scawton (Scalton) near Helmsley, and land in South Otterington and Little
Ayton. As well as the land holdings shown in the inquisition, the family also
held land in Muston, Filey, Hawnby, Sutton-under-Whitestonecliffe and the
advowson of Newbo Abbey in Lincolnshire, founded by John’s ancestor Richard
Malebisse (instigator of the murder of the Jews in York in 1190).
Sir John Malbis was succeeded
by his son William, who was born about 1299 (aged seventeen in 1316). In 1341,
Sir William Malbis was married to a lady named Mary (probably Sampson), who was
presumably the mother of his children. [2]
William and his wife had five sons and probably two daughters. The eldest son
William married, by a settlement dated 31 January 1341, Isabel daughter of Sir
Roger Bigod of Settrington by Joan his wife (this marriage is not mentioned in
Complete Peerage). [3]
The younger William died shortly afterwards, and Isabel married secondly before
Easter term 1348, Sir Roger de Burton (who was born 21 September 1306, and died
before 10 October 1359), of West Harlsey, Burton in Kendal, etc. She married
thirdly, before 15 January 1360, as his second wife Walter de Faucomberge, Lord
Faucomberge of Skelton, etc. He died on 29 September 1362. She died s.p., on 19
May 1401, having lived a widow for over 38 years, and was buried in Guisborough
Priory. [4]
In Easter term 1348, a fine was
made between William Malbis knight, plaintiff and Master Thomas Sampson,
William Sampson, John de Sutton, parson of Acaster and William de Harum, parson
of Hawnby, deforciants, of the manors of Acaster Malbis, Copmanthorpe, Scawton,
Muston, Filey and Aton in Cleveland, and ten pounds rent in South Otterington.
The manors, etc., with the homages and services of Roger de Burton and Isabel
his wife which they held of the plaintiff were settled upon William Malbis for
life, with remainders to Thomas, son of the said William Malbis in tail male;
remainder to John, Thomas's brother in tail male; remainder to Richard, John's
brother in tail male; remainder to Walter, Richard's brother in tail male;
remainder to right heirs of Richard Malbys. [5]
The next eldest son was Sir Thomas
Malbis, who married a lady named Isabel, by whom he had two sons, John and
Roger who died young, and two daughters, Elizabeth and Margaret, the eventual
heirs of the family whom I shall come to later. The next two sons, John and
Richard died, probably in the plague of 1349. The youngest son, Walter, was a
knight and in late 1363 after the deaths of his elder brothers, he went on a
pilgrimage to the Holy Land. His father Sir William Malbis died in early 1365
and when Sir Walter returned from his pilgrimage a few months later, he was in
for a surprise, because under the fine of 1348, he, as the last male heir should
have inherited his father’s lands. But, Sir William de Saint Quintin of Harpham
and Elizabeth his wife were occupying his lands when he returned to England. On
5 August 1365, Sir Walter Malbis and Sir William de St. Quintin came to an agreement.
William said that he had entered the lands as the lawful heritage of his wife,
supposing that Sir Walter was dead. [6]
The term “lawful heritage of his wife” makes it almost certain that Elizabeth,
the second wife of Sir William de St. Quintin of Harpham (died after March
1370) was a daughter of Sir William Malbis and that she considered herself her
father’s heir when she thought that all her brothers had died.
In 1346, Sir Thomas Malbys (the
second son of Sir William Malbis) was holding one quarter of a knight’s fee in
Naburn. [7]
Apparently, he or his father had been enfeoffed in this land by William son of
Nicholas Palmes of Naburn. It’s possible that Thomas’ wife Isabel was a
daughter or sister of William Palmes. On 20 August 1351, William son of
Nicholas Palmes of Naburn murdered William de Grove of Naburn for which he was tried
by the king’s justices and found guilty. To avoid the hangman’s noose, William
Palmes claimed that he was a clerk in holy orders and was handed by the sheriff
to the ecclesiastical authorities for punishment. Out of the frying pan and
into the fire for poor William, because he spent the next fifteen years in the
prison of the Bishop of Winchester. Sir Thomas Malbis died in early 1359, and
his wife Isabel in 1360. Their two young sons John and Roger were also dead, so
their heirs were their two daughters, Elizabeth and Margaret. In 1363,
Elizabeth and her husband, John Herring petitioned the king to recover the
manor of Naburn and the advowson of the church of St. George, Fishergate, York,
as the inheritance of Elizabeth and her sister Margaret. [8]
This had the perhaps unintended consequence that on 16 December 1363, the king
ordered an inquisition into who had possession of the manor of Naburn and the
advowson since William Palmes was convicted of murder in 1351, and for the
sheriff to seize the property into the king’s hand as an escheat. The first inquisition
in January 1364 reported that William Palmes had been siezed of the manor and
advowson on the day that he committed the murder of William de Grove. [9]
On 18 February 1364, as an interim measure, the manor of Naburn was granted at
farm to John Herring and Elizabeth his wife until it should be decided whether the
manor should belong to the king as an escheat, or to John and Elizabeth. [10]
On 24 September 1364, the king granted the manor of Naburn to the king's
esquire Walter Whithors to hold at pleasure. [11]
A further inquisition was held
at York castle on 14 January 1365 when it was found that after 20 August 1351,
when William Palmes committed a felony, Sir William Malbis had occupied Naburn
until 11 November 1353. The manor was then occupied by Sir Thomas Malbis until
March 1359, then by his widow Isabel until November 1360, then by Sir William Malbis
as guardian and next of kin of Elizabeth and Margaret Malbis until November
1361, when Elizabeth married Thomas Redmayne. Thomas Redmayne had died before
November 1362, Elizabeth occupied it until April 1363 and then John Herring,
who had married Elizabeth, held it until January 1364 when the manor and the
advowson were siezed into the king’s hand. [12]
William Palmes was finally released from
prison and he obtained a royal pardon in May 1370, [13]
although Walter Whithors had extorted an annuity from him in order not to
obstruct the pardon. Later William complained to the king about Whithors waste
in the manor and requested damages. [14]
The Palmes family continued to hold the manor of Naburn until the 20th
century.
Coming back now to Walter
Malbis, the last male heir of the Malbis family. No doubt childless himself, he
knew that after his death, the Malbis name would die out and his inheritance
would go to the descendants of his nieces Elizabeth and Margaret. Although
there is no documentary proof of this, he came to an agreement with John
Fairfax, rector of Gilling, Yorkshire and Prescott, Lancashire, that Walter would
enfeoff John with all his lands and in return John would arrange the marriage
of Margaret Malbis with John’s nephew and heir Thomas Fairfax, son and heir of
his brother William Fairfax of Walton and that John would enfeoff another
nephew, Richard Fairfax, brother of Thomas with the Malbis lands provided that
Richard Fairfax changed his name to Malbis and carried the Malbis arms. The
transfer of the Malbis lands to the Fairfax family was probably not so
straightforward as I have suggested because on 25 April 1368, William de St.
Quintin granted his capital messuage and land in Acaster Malbis to William
Fairfax. [15]
There is also a puzzling lease by William de St. Quintin on 19 June 1369, of a
wood in Little Ayton, which was part of the Malbis lands, where the rent was
payable, half to William de St. Quintin and half to William Fairfax. [16]
On 4 November 1369, John
Fairfax granted his manors of Acaster Malbis, Copmanthorpe and Scawton to his
nephew Richard Fairfax, with “the name and arms of Malbis.” [17]
Walter Malbis was probably dead at this time. The last mention of Walter Malbis
is in the inquisition post mortem of Ralph Bulmer, held on 3 June 1367, when
Ralph was said to be holding a messuage and land in Lazenby of Walter. [18]
About 1365-6, Margaret Malbis
married Thomas Fairfax, and by him had at least 5 children; William, Richard, Guy,
John and Ellen. Margaret must have died before 1382, when Thomas Fairfax was
married secondly to Margaret de Friston, widow of John de Clifton of Clifton
near York and Sir Robert de Rocliffe of Helperby, whose will is dated 16
September 1381. [19] Thomas
Fairfax made his will on 20 January 1395, proved on 26 January, in which he
mentions amongst others, his wife Margaret, his brother Brian, and his brother
Richard Malbis. [20] He
left a son and heir Richard Fairfax, his eldest son William, who had married
Constance Mauley, having pre-deceased him.
Elizabeth Malbis’ second
husband John Herring died and she married thirdly, Adam de Beckwith. In July
1383, John Fairfax and Richard Malbis granted a share of the Malbis lands to
Adam and Elizabeth, consisting of the manors of Muston, Filey, Hawnby, Sutton-under-Whitestonecliffe,
South Otterington, and Little Ayton, with the advowsons of Hawnby and South
Otterington churches. [21]
In January 1384, Adam and Elizabeth de Beckwith quit-claimed all their rights
in the manors of Acaster Malbis, Copmanthorpe, Scawton and the advowson of
Newbo Abbey to Richard Malbis. [22]
Adam de Beckwith died before March 1400, when Elizabeth’s feoffees granted her
the manor of Muston and land in Filey, with remainders successively to William
Beckwith her son; John Beckwith his brother; Ralph Beckwith his brother;
Katherine wife of John Kellawe; Elizabeth sister of Ralph; Elizabeth Herring
daughter of Thomas Herring; and the right heirs of Elizabeth. [23]
Richard Fairfax, who had
changed his name to Richard Malbis married Isabel and died on 1 November 1401, holding
the manors of Acaster Malbis, Copmanthorpe and Scawton and leaving a son and
heir William aged 9. [24]
His widow Isabel married secondly Nicholas Saxton and started a series of legal
actions against Richard Fairfax, the heir of Margaret Malbis, claiming the
manors of Acaster Malbis, Copmanthorpe and Scawton. [25]
William Malbis, the son of Isabel and the last of the name, married Sibyl,
daughter of Sir Alexander Neville of Thornton Bridge. Sir William Malbis died
s.p. before July 1420, [26]
starting a new round of legal actions by
his widow Sibyl, claiming the manors from Richard Fairfax. Sibyl died leaving a
will proved on 4 October 1426. [27]
And so the Malbis name disappeared from Yorkshire, leaving the Fairfax and
Beckwith families holding the Malbis lands.
[1] Calendar of Inquisitions Post Mortem,
vol. 5, Edward II (1908), 362, no. 551.
[2] The Manuscripts of Sir George O. Wombwell.
Bart., at Newburgh Priory, Historical Manuscripts Commission, 53 (London,
1903), 15.
[3] M.
J. Hebditch, ed., Yorkshire Deeds,
vol. 9, Yorkshire Archaeological Society, Record Series, 111 (1948), 1.
[4] Complete Peerage, vol. 5 (1926), 272-6,
vol. 14 (1998), 318.
[5] C.
V. Collier, ed., "Documents at Burton Agnes," The Transactions of the East Riding Antiquarian Society, 18 (1911),
56.
[6] C.
V. Collier, ed., "Documents at Scampston," The Transactions of the East Riding Antiquarian Society, vol. 21
(1915), 25.
[7] Inquisitions and Assessments Relating to
Feudal Aids, vol. 6 (1920), 223.
[8] Special
Collections: Ancient Petitions, SC
8/51/2538.
[9] Calendar of Inquisitions Miscellaneous
(Chancery), vol. 3 (London, 1937), 197, no. 538.
[10] Calendar of Fine Rolls, vol. 7, Edward
III: 1356-1368 (1923), 281.
[11] Calendar of Patent Rolls, Edward III,
vol. 13: 1364-1367 (1912), 18.
[12] Calendar of Inquisitions Miscellaneous
(Chancery), vol. 3 (London, 1937), 200, no. 546.
[13] Calendar of Patent Rolls, Edward III,
vol. 14: 1367-1370 (1913, 409.
[14] Special
Collections: Ancient Petitions, SC
8/198/9867.
[15] J.
M. Stanley Price, ed., Yorkshire Deeds,
vol. 10, Yorkshire Archaeological Society, Record Series, 120 (1955), 3.
[16] C.
V. Collier, ed., "Documents at Scampston," The Transactions of the East Riding Antiquarian Society, vol. 21
(1915), 44.
[17] J.
M. Stanley Price, ed., Yorkshire Deeds,
vol. 10, Yorkshire Archaeological Society, Record Series, 120 (1955), 4.
[18] Calendar of Inquisitions Post Mortem,
vol. 12, Edward III (1938), 98, no. 125.
[19] James
Raine, ed., Testamenta Eboracensia,
Part I, Surtees Society, 4 (1836), 118.
[20] James
Raine, ed., Testamenta Eboracensia,
Part I, Surtees Society, 4 (1836), 204.
[21] Feet of Fines: CP 25/1/278/143, number
1.
[22] Feet of Fines: CP 25/1/289/54, number
104.
[23] M.
J. Hebditch, ed., Yorkshire Deeds,
vol. 9, Yorkshire Archaeological Society, Record Series, 111 (1948), 127.
[24] Calendar of Inquisitions Post Mortem,
vol. 18, Henry IV (1987), no. 568.
[25] W.
Paley Baildon, "Acaster Malbis and the Fairfax Family," Yorkshire Archaeological Journal, 19
(1907), 21-27.
[26] Calendar of Patent Rolls, Henry V, vol.
2: 1416-1422 (1911), 295.
[27] W.
Paley Baildon, "Acaster Malbis and the Fairfax Family," Yorkshire Archaeological Journal, 19
(1907), 29.
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