Sir James Leyburn (c. 1490 – 20 August 1548), also Laybourne, Labourn, etc., was a senior representative of one of the powerful families within the Barony of Kendal. He was at different times a Justice of the Peace for Westmorland, Escheator for Cumberland and Westmorland, and Commissioner for the survey of the monasteries of Lancashire. He was caught up in the troubles at Kendal during the Pilgrimage of Grace (1536–1537). As an assistant (and kinsman) to Sir Thomas Wharton, Deputy Warden of the West March, he took an important part in the Battle of Solway Moss (1542). He was one of the two MPs for Westmorland in 1542 and 1545.M.J. Taylor, 'Leyburn, Sir James (by 1490-1548), of Cunswick, Westmld.', in S.T. Bindoff (ed.), The History of Parliament: the House of Commons 1509-1558 (from Boydell and Brewer 1982), History of Parliament Online .
Leyburn of Cunswick The Leyburn family of Westmorland, which derived from the family of the same name seated at Leybourne Castle in Kent, received a grant of land at Skelsmergh, a little north-east of Kendal, in or about the second quarter of the 13th century.'Parish of Kendal (Underbarrow, &c.)', in J. Nicolson and R. Burn, The History and Antiquities of the Counties of Westmorland and Cumberland, 2 volumes (W. Strahan and T. Cadell, London 1778), I,pp. 144-46 (Google). Some corrections are pointed out by Wiper. Becoming established among the principal families of the area, in the mid-15th century the marriage of Katherine de Leyburne to Sir Henry Bellingham of Strickland Ketel (lord of the double pele tower of Burneside Hall, just to the north of Kendal'Parish of Kendal (Burneshead)', in Nicolson and Burn, Westmorland and Cumberland, I, pp. 125-26 (Google).) produced a daughter Katherine Bellingham.W. Wiper, 'The Layburnes of Cunswick', Transactions of the Cumberland and Westmorland Antiquarian and Archaeological Society, Original Series X (1889), pp. 124-57 (downloadable in pdf from ads website).
Sir Henry Bellingham suffered attainder in c. 1461 for his adherence to the Lancastrian cause, in the victory of Edward IV,'4 Edw. IV., no. 39: Henricus Bellingham attinctus', Calendarium Inquisitionum post Mortem sive Escaetarum (Commissioners, 1828), IV, p. 326b (HathiTrust). and his estates passed temporarily into the keeping of William and John Parr of Kendal.Calendar of Patent Rolls, Edward IV, I: 1461-1467 (HMSO 1897), p. 224 (Internet Archive); Calendar of Patent Rolls, Edward IV, Henry VI, 1467-1477 (HMSO 1900), p. 45 (Internet Archive). His daughter Katherine married an elder James Leyburn of Cunswick, her cousin. The Leyburn seat at Cunswick Hall, then in the parish of Kendal, was at Cunswick (Conyngeswyke, 1301Feet of Fines, CP 25/1/285/25, no. 286 (Westmorland, at York), William de Ros to Margaret de Ros.), by Underbarrow, near Crosthwaite and the head of the Lyth Valley, slightly less than midway on the road passing south-west from Kendal towards the southern end of Lake Windermere at Newby Bridge. The original Hall was replaced two hundred years ago by a house of moderate scale,'Cunswick Hall, Underbarrow and Bradleyfield', Historic England Listing List Entry No. 1145720. It is unclear why ODNB describes Cunswick Hall as being situated in the parish of Beetham. but some remains of an earlier gatehouse and outbuildings survive. The eldest son of James and Katherine Leyburn was Thomas Leyburn. In 1487, early in the reign of Henry VII, James made a contract for the marriage of Thomas as his son and heir to Margaret, daughter of Sir John Pennington, of Muncaster Castle, Cumberland, and widow of John Lamplugh.'Lord Muncaster's MSS: B.3. Agreement', Tenth Report of the Commission on Historical Manuscripts, Appendix, Part IV (By Command, London 1885), p. 228 (Internet Archive).
Early career The eldest son and heir of Thomas and Margaret was James Leyburn, born around 1490: Thomas died in August 1510, and at his inquisition post mortem held at Kendal in the following January James, aged 21, was found to be heir to his estates. None of these were held in chief: they included the manors of Skelsmergh (held from the lords of Kendal), Bradley and Cunswick, and lands and tenements in Sleddall (from Thomas Parr).'Underbarrow, Bradley Field and Cunswick: 1511. Inquest of Thomas Layburn', in W. Farrer and J.F. Curwen (eds), Records Relating to the Barony of Kendale, Vol. I (Kendal 1923), pp. 355-76 (British History Online).Wiper, 'The Layburnes of Cunswick'.Taylor, 'Leyburn, Sir James', The History of Parliament, citing The National Archives (UK), Escheators' files: Inquisition post mortem, Layborne, Thomas (Westmorland), ref. E 150/116/1 (Discovery Catalogue). Thomas also had premises in Westminster, Holborn and London.'Pardon Roll, Part 4' in J.S. Brewer, Letters and Papers, Foreign and Domestic, Henry VIII, I: 1509-1514 (HMSO 1920), pp. 256-73 (British History Online). In 1525 James had the lease of the tithes of Skelsmergh, and also those of Bradleyfield, Tranthwaite, Cunswick, Bulmerstrand and Bradeslak (which his father had occupied aforetyme), and those of Brindrigg, for 21 years, from the Abbey convent of St Mary at York.Records relating to the Barony of Kendale, I, pp. 355-76 (British History Online). He held the office of Escheator for Cumberland and Westmorland in February 1518/19, and in February to November 1522: he was a justice of the peace for Westmorland in 1524 and 1525.Taylor, 'Leyburn, Sir James', The History of Parliament. He received his knighthood after 3 November 1529 in Whitehall, in the Parliament time.W.A. Shaw, The Knights of England; a complete record, 2 volumes (Sherratt and Hughes, London 1906), II, pp. 47-48 (HathiTrust).
James Laybourn was named one of the executors to the will of Dame Mawde Parr, widow of Sir Thomas Parr, in December 1531,Will of Dame Maude Parr, Widow of Blackfriars, City of London (P.C.C. 1531, Thower quire). and by April 1532 one James Layburn had become deputy steward of the Barony of Kendal, of which the Parrs were Stewards. At that time William Parr complained to Thomas Cromwell that the Earl of Cumberland and his associate Sir Thomas Clifford were interfering in the administration of justice in the barony of Kendal, out of hostility towards Parr and Layburn, who supported the authority there (given by royal proclamation) of the Duke of Richmond.'951. William Parr, jun., to Cromwell (20 April)', in J. Gairdner (ed.), Letters and Papers, Foreign and Domestic, Henry VIII, V: 1531-1532 (London 1880), p. 445 (British History Online). A letter from Sir James Leyburn dated 26 April shows that Cumberland and his servants conducted the "sheriff's turn" at Kendal, contrary to the King's command given by the Duke of Norfolk in Clifford's hearing,'966. Sir Jas. Layburn to Jas. Layburn, Deputy Steward of Kendal (26 April): Copy', Letters and Papers, Henry VIII, V: 1531-1532, p. 453 (British History Online). and these disruptions and infringements of the Liberties increased through 1533.'(1533: Miscellaneous) 1620. Kendal', in J. Gairdner (ed.), Letters and Papers, Foreign and Domestic, Henry VIII, VI: 1533 (London 1882), pp. 661-62 (British History Online). Some have taken these letters to show that Sir James Layburn and James Layburn the Deputy Steward (both "of Cunswick") were not the same person, but authorities differ.'Kirkby in Kendale: 1532-1560; 1532', in W. Farrer and J.F. Curwen (eds), Records Relating To the Barony of Kendale, Vol. I (Kendal 1923), pp. 62 ff. and footnote 1 (British History Online): but see Taylor, 'Leyburn, Sir James', History of Parliament.
Thomas Cromwell sent letters to Robert Poulton, Abbot of the Premonstratensian house of Cockersand, Lancashire, instructing him to grant to Sir James Leyburn certain lands belonging to the abbey in the manor of Assheton. In October 1532 the abbot was able to show that these lands had been claimed by their original tenants under a custom of tenant-right, and begged to be excused from complying.'Houses of Premonstratensian canons: The abbey of Cockersand', in W. Farrer and J. Brownbill (eds), A History of the County of Lancaster, Vol. 2 (V.C.H., London 1908), pp. 154-59, at note 53 (British History Online), citing '1416. Robert Abbot of Cockersand to Cromwell (12 October)', in Letters and Papers, Henry VIII, V: 1531-1532, pp. 601-02 (British History Online). In a Star Chamber suit of 1534, Leyburn is described as being "of great power, blood and ally." Among his kin was Thomas Legh (born c. 1510), of the Cumberland family seated at Frizington, to whom he became godfather: Dr Legh gained notoriety for his work in the northern monastic closures.T.F.T. Baker, 'Lee (Legh, Leigh), Thomas I (by 1511-45), of London', in S.T. Bindoff (ed.), The History of Parliament: the House of Commons 1509-1558, (from Boydell and Brewer, 1982), History of Parliament Online.
The rising at Kendal Sir James Leyburn had a significant presence in the region during the years of the monastic closures and the Pilgrimage of Grace. In a letter to Cromwell of September 1535 he remarked that he thought it "no labour to serve the Duke of Richmond", adding "I would be glad to wait upon the King and you, as I was one of the first you put in the King's service." He asks for some fee or office to amend his finances. He had been at Asheton and Carnforth (Lancashire), where he and Sir Marmaduke Tunstall had committed several persons to prison for riots.'427. Sir James Layburn to Cromwell', in J. Gairdner (ed.), Letters and Papers, Foreign and Domestic, Henry VIII, IX: August–December 1535 (HMSO 1886), p. 138 (British History Online). He was appointed commissioner for the survey of Cartmel Priory and Conishead Priory in 1536: Sir Thomas Wharton wrote approvingly of him to Cromwell in October 1536, saying that he has been very diligent in the King's service, and lives near Kendal, "the inhabitants wherof be very troublous".'608. Sir James Layburn to Cromwell, 8 October 1536', and '666. Sir Thomas Wharton to Cromwell, 11 October 1536', in Letters and Papers, Henry VIII, XI: July–December 1536 (HMSO 1888), pp. 245 and p. 260 (British History Online).
Robert Aske's rising took shape in October 1536, and on 6 December a pardon was offered to his followers. At this time the Earl of Derby wrote to the King that it was rumoured that Sir James Layburn had sworn himself to the cause of the commons, and that many said he had done so more than a month previously.'1251. Edward Earl of Derby to Henry VIII', in Letters and Papers, Henry VIII, XI: July–December 1536 (HMSO 1888), p. 511 (British History Online). On 9 February Layburn wrote to Cromwell that he had been busy trying to hold down the commons in the barony of Kendal, while struggling with an illness in which he had been strengthened by "comfortable letters" received from Cromwell and the King. He recounted the troubles in Kendal since the pardon, in which a large group of parishioners threatened to throw the curate and church elders into the river unless they proclaimed the Pope to be head of the church. The parish priest had since made such a declaration, and had continued the custom of "bidding the bedes",H. Thurston, 'Bede', The Catholic Encyclopedia, Vol. 2 (Robert Appleton Company, New York 1907), at New Advent. against the wishes of the elders.'384. Sir James Leyburn to Cromwell', in Letters and Papers, Henry VIII, XII Part 1: January–May 1537 (HMSO 1890), p. 180 (British History Online).