THE
PUBLICATIONS
OF THE
^efben §ocie^^
irspl iravTos t//?' eXsuOepiav
VOLUME XII
FOR THE YEAR 1898
^efben ^ociti^
FoxiNrEi> 1887
TO ENCOUEAGE THE STUDY AND ADVANCE THE KNOWLEDGE OF THE HISTORY OF ENGLISH LAW.
IPatrons :
HER MAJESTY THE QUEEN.
HIS ROYAL HIGHNESS THE PRINCE OF WALES.
HIS ROYAL HIGHNESS THE DUKE OF YORK.
HIS EXCELLENCY THE HON. T. F. BAYARD.
IPresiDent :
THE RIGHT HON. THE MASTER OP THE ROLLS.
lDtce*ipresl0ent8 :
THE HON. MR. JUSTICE ROMER. SIR F. POLLOCK, BART.
Counctl :
The Hon. Mr. Justice Bruce.
The Hon. Mr. Justice Channell.
Sir H. W. Elphinstone, Bart.
Mr. C. I. Elton, Q.C.
Mr. Chadwyck Healey, Q.C.
Mr. M. Ingle Joyce.
Mr. B. G. Lake.
Sir H. C. M. Lyte, K.C.B. Mr. a. Stuart Moore. Mr. E. Pennington. Mr. W. C. Renshaw, Q.C. Mr. S. R. Scargill-Bird. The Hon. Mr. Justice Stirling. The Hon. Mr. Justice Wills.
Ittcracg Director :
Professor F. W. Maitland (Downing College, Cambridge).
BuDitors :
Mr. J. W. Clark. Mr. Hubert Hall.
Ibonorarg Secretary :
Me. B. Fossett Lock (11 New Square, Lincoln's Inn, London).
Ifjonorars C:rea6urer :
Mr. Francis K. Munton (95a Queen Victoria Street, London).
1bon. Secretary anD a;rea6urcr for tbc TUntteO States :
Mr. Richard W. Hale (10 Tremont Street, Boston, Mass.).
^tUct Caete in t^t Coutf of (Requee^a
A.D. 1497-1569
PKIX'l'ED BY
BPOTTISWOODE AXD CO., KKW-S'JREET SQUAKE
LOSDON
^efben §}ocit(^
SELECT CASES IN THE COURT OF REQUESTS
A.D. 1497-1569
EDITED FOR THE SELDEN SOCIETY
BY
I. S. LEADAM
LONDON BERNARD QUARITCH, 15 PICCADILLY
1898
All rights reserved
3f\^-
s/.
CONTENTS.
INTRODUCTION ix cxxiv
SELECT PLEAS FROM THE RECORDS OF THE COURT OF REQUESTS.
Parties. Date. Subject.
Lacy v. Sayvil .... 1497 Trespass and Wrongful Impound- ing OF Cattle, &c. ... 2 Petition of the Mayor and Citi- 1498 Wrongful Election of Mayor ZENS OF Exeter of the Staple .... 3
Tucker v. Halle. . . . 1504 Letters of Licence and Privi- lege of the City of London . 7
Hide v. Catesby . . . 1508-30 Claim for Wages . . .10
Smyth v. Elyot .... 1509 Usury Laws 11
Joyce v. Toly and Another . 1518 False Imprisonment . . .14
Amadas v. Williams and Another 1519 Contract 17
Amadas and Another v. Bulle- 1519 Contract 22
WIRE AND Others
PeTYRSON v. FrEDRYK AND OTHERS 1521 FRIENDLY SOCIETY . . .29
Myddlewod v. Abbot of Whitby 1531 Claim for Wages . . .31 Jettour and Others v. Mayor 1533 Ancient Demesne and Customs &c. of Hull of Hull 35
Cotter v. Mayor &c. of Hull . 1533 Ancient Demesne and Customs
OF Hull 39
Netheway v. Gorge . . . 1534 Bondage 43
Emlyn and Another v. after 1536-37 Complaint against the Weavers'
Whittyngham Company of Lincoln . . 47
Brewers &c. of Holbourne v. 1539 Right to Water . . . .48
William Bobye
Burde and Another v. Earl of 1540 Bondage 48
Bath
113711
vni
CONTENTS
Date.
. 1551
, before 1541
. 1541
1543
1544
Parti e:;.
BuRDE V. Earl of Bath
BuRGEs V. Lacy .
Daryngton v. Chapman
Inhabitants of Burnam (Somer- set) V. Fynes
Kent and Others, Inhabitants 1543-44 OF Abbot's Eipton v. Seyntjohn
FOEEACRE AND PERSON, CuSTOMARY
Tenants of Bradford (Somer- set), V. Frauncys
Lewes v. Mayor and Bailiffs of Oxford
Whytting v. Cooke
YoNG V. North ....
BosTOCK V. Crymes
Drewe AND Another v. "Wilkyn
Inhabitants of Whitby v. York .
UvEDALE V. York
GuNNE V. Fletcher
Subject.
Bondage ... Claim for Priest's Wages Purveyance . Copyhold Eights .
Copyhold Eights .
Copyhold Eights .
1545 Customs of Oxford
PAGE
54 59 60 62
64
, 101
, 173
Index of Subjects .
Index of Persons and Places
|
1545 |
Contract .... |
. 185 |
|
1551 |
Contract .... |
. 189 |
|
1552 |
Depreciation of Coinage . |
. 191 |
|
1553 |
Poor Belief |
. 196 |
|
1553 |
Oppression of Tenants |
. 198 |
|
1554 |
Mining Eights . |
. 201 |
|
1569 |
Contract .... |
. 205 . 211 . 216 |
\'o f^ ^ .-i ■ Of THi
INTEODUCTION
1. The Origin and Early History of the King's Court of Eequests.
2. The Procedure of the Court of Eequests.
3. Sir JuHus Caesar on the Constitutional Controversy affecting the
Court of Requests.
4. The Common Law Courts and the Court of Requests.
5. The Decline and Fall of the Court of Requests.
6. The Books of the Court of Requests.
7. Other Courts of Requests.
8. Observations on the Cases.
9. Appendix to the Introduction.
1. The Origin and Early History of the King's Court of Eequests.
It is observed by Chief Justice Coke that the Court of Eequests is unmentioned in any legal treatise, or by any reporter of cases, down to the end of the reign of Henry VIII.' This raises a strong presump- tion against the opinion of Spence, that it had its origin either in the reign of Edward III or of Eichard 11. The descent from Edward III is sought in a writ or ordinance of 22 Edward III,^ referring all such matters as were of grace to. the Chancellor or the Keeper of the Privy Seal for dispatch. Here, however, the Keeper of the Privy Seal is mentioned as though he were merely the deputy of the Chancellor, whereas, as will hereafter be seen, the Lord Privy Seal was ex-ofiicio President of the Court of Eequests. Spence, following Palgrave, leans to the view that the Court came into existence with an order of 13 Eichard 11,^ for regulating the Council. The order nominated the Keeper of the Privy Seal, together with such of the Council as should be present for the time being, to be the tribunal for the
' Inst. iv. 9, fo. 98. Close Rolls ' (1833), p. xxviii.
^ G. Spence, ' Equitable Jurisdiction of ^ lb. p. 351. See Sir F. Palgrave, ' An
the Court of Chancei-y,' i. 337. For the Essay upon the Original Authority of the
original writ see T. D. Hardy,' Introd, to the King's Council,' 1834, p. 79.
X COURT OF REQUESTS
examination and dispatch of bills of * people of the lesser charge.' ' From this time,' he says, ' the Lord Privy Seal held a Com't of Equity called the Court of Bequests. '• For this conclusion I can find no authority, and it is directly contradicted by the statement of Coke. Nor does the apologist of the Court of Bequests, the learned Sir Julius Csesar, venture to ascribe to the court over which he presided so high an antiquity. It is true that in the orders of Edward III and Bichard II we trace a connexion between the Lord Privy Seal and the application of what were afterwards called the principles of equity to ' poor men's causes,' and that this traditional connexion was main- tained after the separate constitution of the court. But it will be observed that the Keeper of the Privy Seal, by the order of Bichard II, was to act in conjunction with and presumably as a member of the Council. The orders in fact, so far as they are applicable to the jurisdiction which ultimately became that of the Court of Bequests, simply nominated ' the commissions and delega- tions of the Council from which the Court of Chancery took its rise."-' It was as de jure a part of the Council and as such possessing the Council's customary control over civil actions that the legality of the Court of Bequests was vindicated by its most learned apologist.
The books of the court testify to its activity from the eighth year of Henry VII.^ To that sovereign it undoubtedly owes its constitution as a definite tribunal, its judges being thenceforth nominated. Even then, however, they were no more than a standing committee in lieu of the chance attendants at the board of the King's Council.'* But this comparative permanence ensured the growth of curial traditions and continuity of practice. These were developed and maintained by the legal assessors, who, at first forming but a numerically unimportant portion of the bench, succeeded eventually in absorbing the whole of its active jurisdiction.
As Lambarde has rightly stated, the Court of Bequests, as conceived by Henry VII, was a court for civil causes, correspondent to the Star
' But this is not what Palgrave says. ' xxiii"" die mensis Marcii anno etc viii",' i.e.
' From this delegation to the Privy Seal 1493, and this is the earliest 1 have found,
•we trace the authority afterwards claimed It is a case of William Bolton against
by that officer in the Court of Requests.' Bichard Sutton (probably the co-founder
Essay, p. 79. of Brasenose College, Oxford). The quin-
- R. Gneist (transh Ashworth), 'Const. dene of Easter is fixed for the production
Hist. Engl.' 1891, p. 331. of the witnesses. The judges are Bathon.
=* In the first volume, bound not very P. S., Eotfen electus, Janne,Baylye, Middel-
many years ago, the proceedings have not ton, and Rede. See pp. cii-civ and cvi,
always been carefully arranged in order of infra.
date. It opens ' xii° die mensis Februarii * Sir J. Caesar ascribes the change of
anno Eegni Regis Henrici septimi nono,' designation to ' Privy Council ' to 33 Henry
i.e. 1494 : but on fo. 149 is an entry VIII. (1541-42). P. xxxi, infra.
COURT OF REQUESTS XI
Chamber, which took cognisance of criminal matters.' The members of the' com't of the Star Chamber furnished, as will hereafter be seen,^ the judges of the Court of Bequests. The Lord Privy Seal, President of the Court of Bequests, was also an official of the Star Chamber. And when Wolsey took the further step of seating the Court of Bequests permanently in the White Hall of Westminster Palace,^ the change was expressed to be ' for thexpedition of poore raennys causes depending in the sterred Chambre,'^ i.e. before the Privy Council.
Ancient as the Star Chamber was, the importance of the interests which it assailed and of the factions which it restrained rendered, in Henry VII's judgement, a Parliamentary sanction of its jurisdiction desirable. This it obtained in 1487.^ But the Court of Bequests, established some years later, during an inter-Parliamentary period, was never placed upon a statutory basis. Its natural evolution from the King's Council, and its gradual development from a tribunal consti- tuted by a more or less shifting committee of an itinerant Council into a court with a fixed habitat and permanent and professional judges, preclude the suspicion that its establishment was due to a far- sighted policy of enhancing the royal prerogative. Its title was doubtless borrowed, as Coke tells us,*' from a similar institution in
' ' In that the Bills here be exhibited to by the Masters of Requests ; officers who
the Majestie of the King onely and to were authorised to receive petitions of the
none other & in that the Masters of subjects for justice and for favour from
Kequests were sworne of the King's the king. The building is of very ancient
Councell and the Place hath continually foundation, and if not the original great
been served with a Clarke that was ever hall of the Confessor's palace, as was
therewithall one of the clarkes of the supposed by the late Mr. Capon (" Vetusta
King's Priuie Scale, which is yet still the Monumenta," vol. 5), it must have been
originall writ of this Court, it seemeth to erected in a very early period of the
communicate with the Starchamber it selfe Norman dynasty. This may be decidedly
& to derive her Authorite immediately inferred from the bold zigzag ornamental
from the Royall Person and his councill as mouldings which surrounded the three
that doth.' ' Archeion,' p. 224. windows at the south end. . . . The apart-
'^ Pp. cviii, cix, infra. ment in which the Lords assembled did
' ' At the upper end of the Great Hall not occupy the whole of the interior, some
(Westminster) by the King's Bench is a part of the Northern portion having been
going up to a great chamber called the formed into a lobby communicating with
Whitehall wherein is now kept the Court that of the House of Commons.' E. W.
of Wards and Liveries. . . . And adjoining Brayley and John Britton, ' History of the
thereunto is the Court of Requests.' Ancient Palace and late Houses of Parlia-
Stow's ' Survey of London,' written in 1598 ; ment at Westminster ' (1836), p. 422.
2nd ed. 1755, by J. Strype, ii. 030. ' The * S. P. Dom. H. 8, iii. 571. See Appen-
old Court of Requests which was recently dix A. p. Ixxxi, infra,
the House of Lords and since the fire has * 3 H. 7, c. 2. Pro Camera Stellata.
been fitted up as a temporary House of " ' Those which in former times would
Commons is of majestic size, its entire have this court to be a court of judicature,
length from North to South being 120 feet, took their aime from a court in France
its breadth 38 feet, and its height propor- which is called Curia eorum quos re-
tionate. It obtained the above appellation questarum, i.e. supplicationum palatii
in consequence of the sittings held there magistros vocamus, apud quos causa eorum
Xll COURT OF REQUESTS
France, where the ancient conception of the king as a dispenser of patriarchal justice lingered longer than in this country. Yet even here, down at any rate to the time of Elizabeth, the form of appointment of a Master of Bequests conserved this idea. ' August the seventeenth, 1595,' writes Sir Julius Caesar in his minutes, 'being the Lord's Day, her Majesty delivered me bills offered to her and received, going to the chapel, and so possessed me of my ordinary place of Master of the Requests attendant upon her person.' ^ Nor was it until 1607 that it was finally laid down as law by Chief Justice Coke that the king in person cannot adjudge any case, either criminal or civil. ^
Conformably to this origin the Court of Requests, or, as it was at first called, the Court of Poor Men's Causes, attended the royal pro- gresses. An entry in the first volume of its Orders ^ dates from Northampton on September 25, 9 Henry VII (1493). In 1494 it sat at Sheene, Canterbury, Windsor, Langley, and Woodstock, as well as at Westminster ; in 1495 at Worcester, Nottingham, Coliweston, and Leicester. At other times the record is simply 'apud West- monasterium,' i.e. in the king's palace. According to Sir Julius Cffisar the court began to sit regularly in the White Hall in 1496, and this statement is repeated by a MS. intituled ' Collections relating to the Court of Requests,' ^ which gives a list of judges of the court together with the places at which they sat down to 1495. But the books of Orders and Decrees for many years after 1495 prove that the court was still attendant upon the progresses of the sovereign. On April 7, 12 Henry VII (1497), it dates from Shene.-^ On April 19 of the same year it is ' In novo Monasterio iuxta Turrim, London,' ^ possibly because the Tower itself was crowded with suspected partisans of Perkin Warbeck. It is at Greenwich on the 26th of the same month.^ Nearly twenty years later we find on May 5, 10 Henry VIII (1518), the court is at Woodstock ;^ on December 17 at Greenwich,^ and there again on February 27, 1519.'" In volume v. of the Orders and Decrees, which embraces the period between Hilary Term 1523 and Michaelmas Term 1533, I find two places, but two only, at which the court held sittings outside Westminster." They are at Woodstock
tantum agitur qui regis obsequiis deputati ^ Orders and Decrees, vol. i. fo. 45.
vel privilegio donati sunt.' Coke, ' Inst.', " lb. to. 47. ' lb. fo. 51.
Pt. IV. e. 9. ■ lb. vol. iv. fo. 05.
' E. Lodge, 'Life of Sir Julius Ctesar, " lb. fo. 119.
knt.' (1827), p. 18. '" lb. fo. 1.35.
= Eep. xii. 64. Prohibitions del Eoy. " Lambarde, writing in 1591, says:
3 P. 153. ' Forasmuch as they of this Court have
* B. M. MSS. Add. 25248, fo. 33 b foil. not alwayes had their standing place of
See Append. B. p. Ixxxiii, infra. resort, but have untill the age next before
COURT OF REQUESTS xili
on November 9, 15 Henry VIII (1523) ; ^ and Windsor on December •), 17 Henry VIII (1525). ^ In volume vi. of the Orders and Decrees^ is a recital under date November 6, 36 Henry VIII (1544), that ' Nicholas Mascall beforce of the King's letters of priuie seale to hym directed personally appered at Saint Albons et ther vpon consideracons shewed to the Kinges Counsail hade day to hym geuen &c.' A sitting at St. Alban's appears to have been held also in the previous year.'' But these rare instances serve to prove what at that date had become the rule, that the court sat at Westminster.
Although the statement of Sir Julius Csesar is thus capable of confutation, the books of Orders and Decrees do disclose a change dating from about the year 1497. In the first volume, which comprises the years 8-14 Henry VII (1493-99) there are frequent examples of sittings during the lawyers' long vacations. For instance, the court sat at Northampton on September 15, 1495,-^ and at Woodstock eight days later f at Winchester September 18, anno 15 (1499) ; at Easthampstead on October 6,^ and at Windsor five days later.* But in volume ii,, which extends from 14 to 17 Henry VII (1497 to 1501), some recognition is accorded to the Law Terms, even though the court continued to hold its sittings during the Long Vacation in places where the king was. The orders for Michaelmas Term, 1497, are endorsed 'Termino Michaelis.' ^ Those for the term following are headed * Termino Hillarii,' '° and when we open volume v., embracing the years 14-25 Henry VIII (1522-33), we find the vacations observed. Clearly the professional element was ousting the highly-placed persons who were its nominal associates.
Mention has been made of the assignment by Wolsey to the Court of Poor Men's Causes of a permanent seat of judgement. The date of this document, of which the original is printed in the appendix,^' is given by the editor of the Domestic State Papers as 1519. It is more probable that the chronicler Hall is correct, there being nothing on the face of the document to determine the year, and that the change was made in 8 Henry VIII, i.e. either in 1516 or 1517. Hall perhaps wrote twenty or thirty years after the event, but the omission from his description of any definite name for this court indicates that it was
this remained and removed with the king ^ Orders and Decrees, vol. i. p. 243. Note
whersoever he went.' ' Archeion,' p. 226. that the paginations of this vohune are
This takes us back to about 1530 as the confused and conflicting,
time about which, according to Lambarde's '' lb. p. 249.
information, the court ceased to be itine- ' lb. vol. ii. fol. 62.
rant. ' lb. fol. 62 b.
' Orders and Decrees, vol. v. p. 41. " lb. fo. 21 b.
2 lb. p. 59. 3 P. 360. '" lb. fo. 22.
* See p. xxvii, infra. " P. Ixxxi, infra.
XIV COURT OF REQUESTS
based upon contemporary notes and documents. His account clearly brings out the point that at this period the court was regarded less as a court of law than as one of several committees of the Privy Council acting for the king in the remedy of petitioners' grievances. ' He (Wolsey),' writes Hall, ' punysshed alsolordes knyghtes and men of all sortes for ryottes, beryng and mayntenaunce ' in their countreyes, that the poor man lyued quyetly, so that no man durst beare for feare of imprisonement, but he himselfe and his seruauntes, which were well punished therfore. The poore people perceaued that he punished the ryche, then they compleyned without number and brought many an honest man to trouble and vexacion. And when the Cardinall at the last had perceaued their vntrue surmises & fayned complaintes for the moste parte, he then wexed wery of herynge their causes & ordeyned by the kynges commission diuerse vnder courtes to here complaintes by bill of poore people. The one was kept in the White Hall, the other before the kynges almoner. Doctor Stokesley,^ a man that had more learning than discrecion to be a judge. The thirde was kept in the lord Treasurer's Chamber beside the Starre Chamber and the iiij at the rolles at after noone. These courtes were greatly haunted for a tyme, but at the last the people perceaued that much delay was used in these courtes & few matters ended, & when they were ended, they bound no man by the law ; then euery man was wery of them & resorted to the common law.' ^ The animus of the chronicler against the Cardinal leads him unduly to disparage the popularity which, as •a matter of fact, we know that the Courts of Star Chamber and of White Hall long afterwards continued to enjoy.
It is possible that W^olsey, in the pursuit of a popular policy, was the deviser of the designation of * The Court of Poor Men's Causes,' or * The Poor Man's Court,' as we find it styled by various writers. But to itself the court was the Council — that is, the King's Council. The form used in the earlier books of Orders, Decrees, and Appearances is always the Council or the King's Council. A party to a suit ' com- paruit coram Consilio,' though in the fifth volume (1523-1533) when the court was settled at Westminster the form generally runs ' com- paruit apud Westmonasterium.' I first find the name * Court of Bequests ' in 1529. ' Hereafter folowe the names of such Counsaillours as be appoynted for the heryng of power mennes causes in the Kynges courte of Bequestes.' ■* Even here, it will be observed, the fact that the judges are councillors is insisted upon. Nor did this point escape
' Offences against the statutes 1 E. 3, ^ Hall's Chronicle, 8 H. 8, p. 585 (Ed.
St. 2, c. 11 and 7, K. 2, c. 15. 1809).
- P. cxviii, n. 105, infra. * Vol. v. p. 86.
COUriT OF IIEQUESTS XV
the common lawyers when a century later warfare raged between them and the Court of Eequests. * Upon occasion of a Prohibition sued by Swinfeild executor of Swinfeild against Iveatt to the Court of Bequests, Brownloue ' remembred the Court (Common Pleas) that the Prohibition did not use to stile it by the name of a Court, but did deliver it thus : that the Party did prefer a Bill to the Masters of Bequests, and therefore it was appointed that the form should be still observed.' - Even the term common in the sixteenth century, * The King's Court in Whitehall,' or ' The Court of Whitehall,' appears in its earliest form as ' the Kinges Counsaill in the WhytehalL' ^
An edition of Sir Thomas Smith's 'De Bepublica Anglorum,' ^ published in 1635, contains a chapter^ intituled 'The Court of Bequests,' which tells us that ' this is called the poore mans Court because there he should have right without paying any money.' " It has jurisdiction, he adds, ' over all poore mens suits which are made to his Majesty by supplication.' ^ And Lambarde makes an observation the truth of which will be seen in the pleadings which follow. After recounting the dignity of many of the complainants, he says, ' How- beit, I doe remember that within these 40 yeares ^ the bills of com- plaints presented there did ordinarily carry the one or the other of these two suggestions, namely, that the Plaintiffe was a very poore man, not able to sue at the Common Law, or the king's servant, ordinarily attendant upon his person or in his houshold.' '•'
It is probable that during the reigns of the first two Tudor s the Court of Bequests endeavoured to maintain these ideals. It served, in a minor degree than the Star Chamber, as a restraint upon the oppressions of the aristocracy. Its permanent estabhshment was one of ihose acts of policy which made Wolsey odious to the nobility. ^° After the Cardinal's death, when the State was controlled by the strong hands of Thomas Cromwell, the existence of the court appears to have been accepted as a legal fact, even by the regularly constituted courts of law. If, however, we may trust some expressions of Coke, with the ground of which I am unacquainted, it may be inferred that
' Eichard Brownlow (1553-1638), Chief upon the subject. ^ Bk. iii. ch. 7.
Prothonotary of the Court of Common Pleas '^ Blackstone, ' Commentaries ' (etl. 1765-
in 1591 till his death. 'Diet. Nat. Biog.' 69), iii. 50, appears to quote to the same
^ Swinfeild's case. Hobart's Reports effect from an edition I have not seen
(1603-1625), 5th ed. 1724, p. 77. ' See p. xiii, n. 6, supra.
^ Orders and Decrees, vol. vi. (30-38 H. * His book ' Archeion ' was finished in
8) p. 259 ; 23 June anno 34 (1542). Here 1591. " lb. fo. 228.
the words ' in the Whytehall ' are interlined. '" Articles against Wolsey. S. P. Dom.
* It is remarkable that Sir Thomas H. 8, iv. p. 2557. ' We have begun to set
Smith himself omitted all mention of this up two new courts for the more .speedy
court. The original edition, published in ridding of suits — one in the Whitehall,
1583, six years after his death, is silent the other in the Rolls.'
Xvi COURT OF REQUESTS
when towards the close of Henry's reign, the court was composed of pro- fessional lawyers, civilians, and canonists, and the judges were styled Masters of Bequests, a designation which marks the change, they were not unconscious of the defectiveness of their title to jurisdiction. ' In the reign of Henry 8,' he says, ' the Masters of Bequests thought (as they intended) to strengthen their jurisdiction by commission to hear and determine causes in equity. But these commissions being not warranted by law (for no court of equity can be raised by com- mission) soon vanished, for that it had neither act of Parliament nor prescription time out of mind to establish it.' ^ The historical learning of Coke is not always unimpeachable,^ and it is possible that he is here ante-dating a later constitutional controversy. But undoubtedly, towards the close of the reign of Henry VHI, social and economic circumstances were contributing to increase the business of the court and to add to its importance.
In the sixteenth century the ancient independence of the tenants of the manorial courts had declined, and their functions had fallen to the finding of verdicts upon matters of fact, the law being declared by the trained lawyers who acted as stewards of the manor.^ When, at the conclusion of the wars of the Boses, the passion for inclosure set in, and the profitableness of sheep-farming brought a new com- mercial value to land, it cannot be doubted that gross instances of injustice occurred at the expense of copyhold tenants. From its first institution the new court took these under its protection. Towards the middle of the sixteenth century, when the dissolution of the monasteries had transferred the land to spendthrift and greedy cour- tiers, and when the rise of prices invited a rise of rent, the services of the court were increasingly invoked. The tenantry, relying on the popular policy of Henry VIII's government, were stubborn in their resistance," while the landowners were accused, and frequently, it may be believed, with justice, of hesitating at neither violence nor chicane to attain their ends. Of these movements the cases here published afford remarkable examples. That the landowners resented the interference by royal prerogative with the action of their manorial courts is certain, and in 1560 we find a protest against it made by Francis Bussell, Earl of Bedford. 'I think,' he writes to the Masters of Bequests, ' I ought to have the hearing in my manor court of a controversy for the right of copyhold lands held of my manor of Moie,
' Inst. Pt. iv. c. 9, fo. 97. * See an article by tlie Editor on the
- ' Trans. R. Hist. Sec' 1892, pp. 229, Security of Copyholders in the tiftccnth
230 235 '^"'^ sixteenth centuries in the ' Eng. Hist.
^'See 'Trans. E. Hist. Soc' 1S92, pp. Rev.' lor October, 1893.
229-35.
COURT OF REQUESTS Xvii
CO. Herts, but it has been removed thence before you. I therefore beg you will end the same, or dismiss it to my said Court, where justice shall be truly administered, for I am loth to have my tenants troubled with long and chargeable suits.' '
It is not surprisDig that the Protector Somerset, * the good duke,' the only statesman of his age who, upon the question of the land, was keenly in sympathy with the people, endeavoured to shield them with the aid of the Court of Requests against the excessive exactions and violent expropriations enforced by the landowners. ' The Protector,' says Strype, ' also raised against himself much hard speech for that Court of Eequests he set up within his own house, the good intent whereof was to hear poor men's petitions and suits. ^ And here often- times upon examination of their cases and upon the compassion he took of their oppressions, if he ended not their businesses, he would send his letters to the Chancery in their favour; which some judged to be a stopping the course of the courts and endeavouring to warp the judges with whom his letters, they said, would be apt to weigh much.' ^ To this action Somerset is said to have been persuaded by an exhortation of Bishop Latimer.^
The exasperation among the landowners which Somerset aroused both by these endeavours to protect the people' and by his in- closure commissions brought him to his fall. It must be con- ceded, too, that it was an act of imprudence on his part to resume that prerogative of personal audience which had, as will hereafter appear, been disused by the actual sovereign for thirty years. But his real offence to the reactionary cabal who opposed him in the Council >was his sympathy with the poor and oppressed. Sir WiUiam Paget, who represented the moderate oppo- sition, wrote to the Protector a long letter dated July 7, 1549, the burden of which was a censure of the general leniency of his policy, especially in the presence of popular disturbances. After recommending the application of severities, Paget goes on to say, ' By this means you shal deliver the king an obedient realm, and may in the mean time, during your office, be able for the service of the king
' S. P. Dom. Aclclencla, Eliz. vol. ix. No. men's causes.' Cf. Froude, ' Hist. Eng.'
54, p. 499. Cf. p. Ixxxvii, infra. (ed. 1860), v. 123.
■ His clerk of the court was W. Cecil, * The liberality of his policy towards his
afterwards Lord Burghley, who had studied own tenantry may be seen in 2 and 3 E. 6.
law at Gray's Inn. J. Foster, ' Register of c. 12 {' An Acte for the assurance to the
Admissions ' (1889), p. 13. Tenauntes of Grauntes and Leases made of
^ Eccl. Mem. ii. i. p. 284. the Duke of Somersette's demene Londes')
* ' Latimer's Second Sermon before Ed- which gives a statutory legality to the
ward fi on March 15, 1549 ' (Parker Soc, duke's extra-legal endeavour to convert his
Cambridge, 1844, p. 127): 'Hear them tenants at will at common law into tenants
yourself. View your judges and hear poor enjoying stability of tenure by copy or lease.
Xviii COURT OF REQUESTS
to command what you list ; and so shal be able to continue it, if you wil meddle no more with private suits, but remit them to ordinary courses. If you reply, Shal I not hear poor men's cases ? Why, Sir, when you send him to the Chancery, do you not hear him ? So I do, saith your grace, with a letter. Yea, mary Sir, but this letter marreth al ; for it hath a countenance of your grace's favour in the matter.' ' It may be on account of this practice by the Protector of hearing suits in his own house that the Orders and Decrees at this period are exceedingly few and fragmentary.
The early volumes of the books of the Court of Bequests, to apply an anachronistic but convenient name, show that of the councillors nominally appointed to the duty of entertaining these suits, the prelates did not infrequently sit upon the bench. On November 30, 1499, the Bishops of London and Eochester sat, as well as Drs. Janne, Middelton, Nykke, and Baynbrige.^ On February 22, 1499, the same bishops, the Dean of the Chapel Ptoyal, and Nikkes, Bain- brigge, and Sutton to represent the professional element.^ On De- cember 2 in the same year a decree is signed by Thomas London and Eichard Sutton."* Upon March 11, 1500, there were present the same bishops, the Dean of the Chapel Eoyal, the Dean of York,-^ the king's almoner, the Prior of the Order of St. John of Jerusalem, and Eichard Sutton.'^ On March 14, 1502," the Bishop of Eochester (presidens),^ the Dean of the Chapel Eoyal ^ and Eichard IIatton,'° distinguished as ' doctors,' George Lord Bergavenny.^^ Morgan Kydwelly,'- and Eichard Sutton.^^ But the tendency of the legal element gradually to extrude the representatives of office has already been discerned, and as the business of the court increased must have become more marked.
> Strype,'Eccl.Mem.'(Oxfordl822),II.ii. (S. P. El. Addenda, 1580-1625, p. 63) ; the p. 437. Although, considenng the excep- Lords of the Council on May 6, 1589 (ib. tional position occupied by him, this action p. 268) ; King .James I. in 1606 (ib. p. 491) ; on Somerset's part may have been injudi- Queen Elizabeth on Sept. 26, 1599 (S. P. cious as Paget complains, it must be said Doni. El. 1598-1601) ; Cicely, Lady Buck- in its extenuation that it was not unusual. hurst, on Feb. 1, 1598 (ib. p. 17); Anne, Down to a much later date the Domestic Countess of Warwick, on Oct. 2, 1602 (ib. State Papers show this practice to have been 1601-1603, p. 247). Cf. App. G. p. xcviii,infra. frequent among persons of rank. In 1564 - Orders and Decrees, vol. ii. fo. 15. Francis, earl of Bedford, wrote to VV. ^ Ib. * Ib. fo. 71. Haddon, Master of Requests, in favour of '' Geoffrey Ely the ; seep. cxix,n. 124, infra, two women litigants before the court (S. P. "■ Ib. fo. 91. ' lb. fo. 178 b. El. Addenda, p. 546). Similar letters are •* See p. cxiii, n. 39, infra, to be found from Sir Francis Walsingham " See p. cxi, n. 15, infra, on April 22, 1578 (ib. p. 541) ; the bishop '" See p. cxiii, n. 44, infra, of Winchester on May 7, 1571 (ib. p. 349) ; " See p. cxix, n. 116, infra. Robert Dudley, earl of Leicester, on May '- Attorney-General to Edward 5 and 16, 1571 (ib. p. 350) ; Sir F. KnoUys, Sir Richard 3. Created a K.B. in 1501, on the James Crofts, and Sir F. Walsingham on marriage of Arthur Prince of Wales. April 14, 1578 (ib. p. 540) ; Robert Dudley, Haydn, ' Book of Dignities,' pp. 398, 759. earl of Leicester, again on June 18, 1582 '' Sec p. cxiv, n. 57, infra.
COURT OF REQUESTS XIX
Two permanent judges, or, as they were called, ' Masters of Eequests ordinary,' ' began towards the end of Henry VIII's reign '^ to control the work of the court. Somerset's well-intentioned attempt to facili- tate the course of justice by recommending litigants to Chancery was possibly prompted by a desire to assist them under a pressure of business, for in 1552 a special commission was issued for the purpose of assisting the two Masters of Eequests Ordinary to cope with the mass of business coming before the court. ^
The difficulties of the Court of Eequests were increased with the accession of Elizabeth. Volume xi. of the Orders and Decrees, which opens with Hilary Term, 4 Elizabeth (January 1562), records that at that time there were two Masters of the Eequests, Walter Haddon * and Thomas Sekeford.-^ But Elizabeth had a passion for progresses, and it was impossible for royalty on progress to avoid the throng of suitors for rights or favours.'^ On the other hand, so much business was now transacted by the court in the Whitehall that serious in- convenience would have arisen from the closing of the court during the months on which the Queen was away from London. The plan was, therefore, hit upon of appointing two Masters of Eequests Extra- ordinary to reinforce the court. Two Masters were then free to be in attendance on the sovereign. Between the duties of the Masters Ordinary and Extraordinary there does not seem to have been any difference, unless it were that the Masters Ordinary went on progress, as may be inferred from the phrase already quoted from Sir Julius Ctesar, while the Masters Extraordinary took their places in the Whitehall.^'
' Eobert Dacres (see pp. Ixxxv and cxvi, of Requests. As Beatrice Lamb of Scawby,
n. 88, infra), who died in 1543, is described co. Lincoln, has had order long since for
by himself as ' a tabellis supplicatoriis,' but her cause in the Court of Eequests, but
tliis is not conclusive, and Sir J. Caesar will not be satisfied, and still troubles both
elsewhere assigns 4 Edward 6 (1550) as the Her Majesty and us with her continual
date at which the title became commonly clamour, we require you, in Her Majesty's
used. P. xxxi, infra. name, not to allow her to enter this castle,
'' List J. (p. cii, infra) gives the names and when she next offers to do so, deliver
of four Masters Ordinary under 20 H. 8, her to the constable of this liberty, and
but it may be doubted whether they acted command him to convey her to the next
together. ^ See App. D, p. xci, infra. constable in her way homewards.'
^ See p. cxvii, n. 100, infra. ' In S. P. Dom. El. 1601-3, p. 24G, ^ See p. cxvii, n. 101, infra. Oct. 2, 1(502, in a letter from John Cham- " In volume xi. of the Orders and Decrees berlain to Dudley Carleton, who was then I note that the orders for Feb. 3, 6 Eliz., in Paris, is a paragraph ' Dr. Dunn, inade are headed Apud Hertford. There is, how- Master of Requests for this voyage,' i.e.pro- ever, no other place-heading in the book. gross. Now Dunn had been a Master of Re- in the Domestic State Papers (El. Add.), quests since 1598 (see p. cxxi, n. 145, infra), under the date Nov. 12, 1582, is a record On the other hand, the fly leaf of volume which shows the need for the protection of xviii. of the Orders and Decrees, comprising the sovereign by these officials, and reveals 36-38 Eliz. (1593-96), gives the ' Nomina the existence of the importunate female Consiliariorum Dommae Eeginae in Curia litigant in the sixteenth century. ' Hert- Requestarum ' as Radulphus Rokebiey, ford Castle. The Council to the Masters Johannes Herbert, Willelmus Aubrey &
a2
XX COURT OF REQUESTS
Elizabeth, however, had no mtention of adding to the burdens upon her Civil List. With characteristic parsimony she paid the Masters Extraordinary with expectations, the expectation of succeeding to the reversion of a Mastership Ordinary upon a vacancy. The unfortu- nate Julius Cffisar, who bitterly complained of his onerous and un- profitable judicial posts, held the unpaid office of Master Extraordinary for more than four years.' The pay of a Master Ordinary was £100 per annum. -
After the accession of James I. the more reasonable plan was adopted of appointing four Masters of Eequests in Ordinary.^ At this time a vast amount of business, as the Order and Decree books show, came before the court. But the system of progresses still flourished,'* and demands were occasionally made upon the Masters remaining in London to fill a vacant place in the Court of the Star Chamber.'^ Li these distracting circumstances it was natural that complaints should be made of the obstruction of business in the court, largely due to the irregularity of the sittings of individual Masters and the consequent absence of continuity in the practice and orders of the court. '^
2. The Procedure of the Court.
The Court of Eequests, as conceived in the time of Elizabeth, was * a court of conscience, appointed to mitigate the rigour of proceeding in law ; ' ^ in modern phrase, it was a court of equity. It will be amply illustrated by the cases.
Julius Caesar. But when that fly-leaf Cranfielcl, and Sir Ealpli Freeman.' But
was written we know that Cresar was only I find that in 1626 a return was made to
a Master of Bequests Extraordinary. the practice of appointing a Master of
Lastly, the full title of the Master Ordi- Bequests Extraordinary. S.P.Dom. Charles
nary was ' attendant on the Queen's 1, 1625-26, p. 362. Dr. Thomas Byves,
person.' E. Lodge, ' Life of Sir J. Ciesar,' the King's Advocate, sworn Master of
p. 18. Eequests Extraordinary.
* E. Lodge, ' Life of Sir J. Cfesar,' pp. * Qu. whether it was on the occasion of
15-18. a progress that a warrant was issued on
- S. P. Dom. Jas. 1, 1603-10, Sept. 6, July 6, 1603, to certify that the two Masters
1604. Grant to Sir Daniel Dunn. Master of Bequests and the Attorney-General were
of Bequests, of a pension of £100 per not to be debarred access to the King's
annum for life. lb. 1611-18, March 17, Privy Chamber. S. P. Addenda, Jas. 1,
1617. Grant to Sir Lionel Cranfield of p. 529. At any rate, the right of access an annuity of £100 for his office of Master to the sovereign, which was perhaps the of Bequests and for other services. lb. secret of Sir John Herbert's advancement 1625-26, June 22, 1625. Grant to Sir (see p. cxx, n. 141, infra), must have been Edward Powell of the office of one of the highly prized.
Masters of Bequests, with an annuity of ^ See p. cviii, infra.
£100 for life. See also Lodge, 'Life of Sir « See the letter to the earl of Northamp-
J. CiBsar,' p. 21. ton, p. xcvii, infra.
3 S. P. Dom. Jas. 1 (1611-18), June 17, • Secretary Walsingham to Thomas
1618, p. 514. ' There are now four Masters Seckford and Dr. Dale, Masters of the of Eequests in Ordinary, Sir Christopher Court of Eequests. S. P. Dom. El. Addenda, Perkins, Sir Sidney Montague, Sir Lionel p. O'J, Nov. 5, 1583.
COURT OF REQUESTS XXI
Its procedure, Sir Julius Csesar tells us, ' was altogether according to the process of summary causes in the Ciuill Law.' ' A petition addressed to the king was followed by an ' answer ' on the part of the defendant, with a replication by the plaintiff, a rejoinder by the defendant, and so forth. In the earlier days of the court the plead- ings seem frequently co have stopped at the statements of claim and of defence. They were followed by a commission under the Privy Seal, generally issued to magistrates of the neighbourhood, to try the cases and either settle them or report to the Council. Upon this practice grew up one of framing interrogatories by counsel for either of the parties. Eventually the entire bundle of documents was referred back to the court, the parties to the suit and their witnesses apparently examined anew upon the interrogatories, and the judg- ment of the court finally given. In this way a procedure, originally summary enough when the court was on the spot, became as dilatory as, and where costs were exacted, can scarcely have been less expen- sive than that of the Star Chamber or common Law Courts.^ One merit it had which, if we are to credit contemporary writers as well as the probabilities arising out of the irregularity of their pay, was not always present in the Common Law Courts — the judges were incorrupt. Paid as part of the king's household, instead of being charged, as were the judges before Elizabeth, upon the waning revenues of the Staple at Calais, occupying also the considerable position of Privy Councillors, they were not subject to the temptations of the Common Law judges during the reigns of the first three Tudors. This may account for some of the popularity which, as the multiplicity of its business shows, the court actually enjoyed. There were several methods by which a summons for appearance was issued. Of these the most common form was an appearance ordered by writ under Privy Seal, commanding the party summoned to come before the King and his Council. In other cases a bond for appear- ance was taken. Another course was technically termed ' Proclama- tion of Kebellion,' the enforcement being arrest by a pursuivant or sergeant-at-arms. This was sometimes effected by commissioners, and was then termed ' Commission of Kebelhon.' The defendant was ordered to attend de die in diem on the Council until he had filed his
' MS. Lansd. 125, fo. 12. to be referred to the Court of Requests or
^ But among the ' Ordinances made by to the provincial councils, if the case arise
the Lord Chancellor Bacon ' in 1618 was in the jurisdictions, or to some gentlemen
one (No. 98) that ' Any man shall be in the country,' &c. John Beames, General
admitted to defend in forma pauperis upon Orders of the Court of Chancery (1815),
oath, but for plaintiffs, they are ordinarily p. 44,
XXU COURT or REQUESTS
answer to the plaintiff's bill, after which he was licensed to depart upon caution De judicio sisti et judicato solvendo, having nominated an attorney and counsel. The court did not restrict itself in juris- dictional area. It took no account, as did the King's justices on circuit, of county boundaries. It heard cases from the Counties Palatine, from the Cinque Ports, from the Marches of Wales, or of the North, though in some cases it remitted these to be tried by tlie local tribunals. It was constantly in collision with the courts of Common Law, as is apparent from the common form of plea that ' this suit is determinable at the common law.' It actually took bonds, as its vindicator Sir .lulius Cnesar humorously remarks, ' not to sue at common law, (for) good behaviour and the like.' ' Its injunctions ' to stay the sutes at common lawe ' were numerous. They included suits upon bonds or specialties for debt, for perform- ance of covenants, upon leases, upon titles of land, upon actions of the case, for trespass, and debt. Injunctions w'ere also issued to the Courts of the Cinque Ports - and to the Courts of the Universities, and all the courts were comjDrised in the injunctions laid upon defendants not to arrest, sue, or implead the plaintiff during the dependence of his suit in this court, or after judgment given by it. On the other hand, the judges of the court at times, like the Chancellor, consulted the advice of the judges of the Common Law.
3. The Constitutional Controversy.
Among the Lansdownc MSS. of the British Museum^ is a small quarto volume to which reference has already been made. It con- tains 18fi folios in all. The binding is of the last century, and the lettering ' S'" J. Cnssar on the Court of Bequests.' Of these, folios 1-8 are in MS. ; 9-22 in print with ]\IS. interleaved ; 23-42 in MS.; 43-1(32 in print with MS. interleaved; and 163-186 in MS. The handwriting of 1-22 is uniform. On 2-5 are lists of judges in the Star Chamber from 9 H. 7 to 4 & 5 P. & M., and in the King's
' Upon this practice tlie Common Law - See S. P. Dom. Jas. 1, 1619-23, p. 96,
Courts not unnaturally passed censure. Nov. 20, 1619. The Masters of Bequests
' In speaking of this case, the Court (Com- to Lord Zouch. ' The attorneys are seek-
mon Pleas) did very much condemn the ing for precedents, but have as yet found
course used in the Court of Requests in none warranting the Chancery of the
taking bonds of the parties to perform Cinque Ports to prevent subjects from
their Decrees made there ; for it was said seeking redress in the Court of Bequests.'
that such bonds were against law, and so Edward, Lord Zouch, had been appointed
it had been oftentimes adjudged.' White Lord Warden of the Cinque Ports for life
and Moor's Case, Hil. 11 .Jac. (1614) in the in 1615. J. Bridges, 'Hist, of Northamp-
CommonPleas. J. Godbolt,'Bei3orts'(1652), tonshire' (1791), ii. 317.
No. 340, p. 244. » MS. Lansd. 125.
COURT OF REQUESTS Xxiii
Court of Whitehall from H. 7 to Elizabeth. The printed title-page is on fo. 6, ' The Ancient State, Avthoritie and Proceedings of the Court of Bequests 2 Octob. 1596.' Below a vignette ' Anno 1597.' Ff. 6''-8^ in the handwriting of Sir Julius Caesar, give a list of names of judges, noblemen, and others who have been parties to suits in the court, followed by several heads of arguments with references to prove the royal prerogative in the establishment of the court and the jurisdiction of the King and his Council over public and private causes. Ff. 9-22, in the same hand, contain a number of propositions as to the authority and proceedings of the court, with references to the court's books. Ff. 25-27 b contain an epistle dedicatory to Lord Burghley in another hand marked * Copie,' but signed with an original signature ' Jul: Ctesar.' Ff. 28-32^, in a third hand, intituled ' Notes tuchinge suites made & to be made to the Kings Most excellent Maiestie 29 Julii 1604,' classify the matters of which the Court of Eequests claimed cognisance. Ff. 33-40, in the same hand, contain * orders sett downe by his majesty for civility in sittinges either in the Cappell or elsewhere in Court primo Januarii 1622.' Ff. 40''-42^, apparently in the same hand, ' Orders to be obs^rued in Assemblies of Counsell agreed on 7 Novemb. 1630.' The printed fo. next following is numbered by the printer 1, and begins with the invocation * In nomine Domini nostri Jesu Christi 13 Februarii 1592. Actes, Orders & Decrees made by the King & his Counsell, 9 H. 7, remaining amongst the Records of the Court, now commonly called the Court of Eequests.' These printed pages (ff. 43-162) are marginally annotated as well as interleaved with MS. notes in the handwriting of the notes to fif. 1-22. On ff. 163-167^ are ' A commission to certaine Coun- sellors to heare and determine the suites preferred either to the King or to his Privie Counsell,' dated 9 March 6 E. 6, and ' Articles for the manner of the commission,' ' &c., these two in a fourth hand. The articles are continued on fo. 167^ apparently in the same hand as ff. 28-42^ Ff. 169-178^ are in the handwriting of ff. 163-167, and are headed ' Herafter fohowe such orders and Rules,' &c. On f. 179, in a fifth hand, is a writ from the King to the Sheriffs of London fixing times for hearing petitions, and followed on ff. 179-181 by extracts from the Rolls of Parliament. These are continued alter- nately in the fourth and the fifth hand to f. 183\ Ff. 184-186 contain extracts and references upon legal points from divers sources, all in the fourth hand.
The object with which the volume was compiled is set forth in the ' Append. D, p. xci, infra.
xxiv COURT OF REQUESTS
letter to Lord Burghley, on f. 25, signed by Sir Julius Caesar, as follows .^
' Myne humble dutie done to yr. Lqp. About vij yeares since ^ shortlie after I was made Maister of Eequests, I found a great con- tention on foote betwene the Judges of the Comen pleas and the M""" of Requests then being, touching y*" iurisdiction of her Ma^*"' court at "Whitehall ; Whereby would haue growne manie bitter inconveniences to her Ma^*^" poore subiects, if y^ M""" of Eequests had not quenched y^ same in tyme, by their owne suffering yet necessary patience & for- bearance.
' To meet which cheife mischeiffs T held it a necessary worke, and A Labor worthie of some thanks to gather into one volume the principall Records of that court from y^ beginning of that Registrie, nowe dispersed in xvij great volumes in folio, and to make them knowne, that in this Court (as in y^ Chancery, kings benche, Comon pleas & Exchequer) Acts past might be precedents of things to come. In the perusall and gathering wherof I have obserued. First, the seuerah names wherewith that Court hathe bene termed. Secondly, ■what y® Judges haue bene whoe haue satt in that Court ; Thirdly, in what places that Court hathe bene kept ; Fowerthly, what forme of proceeding that Court hathe obserued ; Fifthly whoe the persons were which haue bene plaintiffs and defendants in that Court; Sixthly, what causes y® said court hathe embraced & decreed. And lastly howe y^ said Court hathe bene accustomed to execute ther orders & decrees, with manie other things worthy of note, not vnpropperly to be referred to some of those seauen heads ;
' Wherem as myne intent was, first to satisfie myne owne con- science & to vnderstand what aperteined to y'^ place wherein I sitt as a Judge, thereby onely intending y® glorie of God, the good of my contrie and the dischardge of A good conscience, and not anie priuate vaine glorie or affected singularity ; so I haue desired, that some others (no doubt as well affected as my self) might veiwe my Labors, that vppon this ground, they might frame some further building not unworthie the pervsall. And to that purpose, finding it ouerchargeable to write manie Copies, I caused First a breiff* table of my Collections, secondly the Collections themselves, to be imprinted, not to the end to make them common but of purpose to deliuer some of them to
' The original punctuation is preserved. Aug. 17, 1595, and reappointed by James 1
2 Sir J. CT was appointed Master Extra- May 20, 1603. E.Foss, 'Livesof the Judges'
ordinary of the Court of Requests on (1846-64), vi. 269 ; E. Lodge, ' Life of Sir
Jan. 10, 1591, Master of Eequests Ordinary J. Caesar,' p. 18.
UNIVERSIT-
COURT OF REQUESTS XXV
such, either Counsellors of State or Counsellors at Lawe or suche students of antiquities and of histories, as from whose wisedomes & good observacons either in Lawe, or storie, or antiquities there might be drawne suche admendment of things amisse or addition of things wanting, or iustification of things misconstrued, or explaning of things obscured, or reducing into course things wrested out of course, as might breed hereafter A continewall peace, between y*^ Judges of the Common Lawe & her Ma*'^ Counsell and might without offence of the subiects, establisshe her highnes prerogatiue for euer ; To the main- tenance wherof euery one Sworne of her Ma*'"' counsell is directly tyed by his oathe. And for that your Lop hathe most lastly deserued y*" most honorable & highe tytle of Pater patriae, and haue for manie yeres (especially theise xvij yeres of my knowledge, since I came to be Judge)^ bene the Father of Englisshe Justice, & my good Lord & onely Maister whome euer I serued and from whome (next to her most excellent Ma*^'®) I acknowledge my self to have Eeseuid that poore aduancement in this common wealth which I now enioye; I haue made choice of your good Lo : to be the disposer of these my labors that either vnder your allowance, after your perusall of them, they male receiue some comfort of further proceeding, or else vppon your mislyke, they male be committed to y® fire, as things vnprofitable for the Common good. But if your Lop being continewally imployed in y^ great affaires of this state, shall finde no leisure to read ouer matters of this nature ; then it male please your Lop that M'" William Lamberd,^ whoe is A gentleman of great learning & sincerity, or some other one or more of like sufficiency might be intreated to peruse suche Collections as I haue gathered, both of precedents of y*" said cort and of express Acts of Parliament, auncyent Piecords, Histories, & Common Lawe, touching this cause ; And thervppon to make report of so muche, as he, or they shall finde proued, that her Ma*"* Court of Whitehall, male enioye suche authoritie as to the same of right belongeth. And so humbly craving pardon for this my tedious letter, & the Continewance alsoe, of your Lp^ most honorable fauor towards me I beseech the Allmighty to voutchsafe your Lo : A long life
' On 9 Oct. 1581 he received his first Sir J. C-csar,' p. 11. public professional employment, which was, -The historian of Kent; born 1536;
to use his own words, that of ' Justice of the entered at Lincoln's Inn in 1556 ; author
Peace in all causes of piracy, and such like, of 'Apxaiovo/xia, sive de priscis Anglorum
throughout the land,' an otiice no longer legibus libri ; Eirenarcha, or the office of
known '....: on the fifteenth of the same Justices of the Peace ; Archeion, or com-
month he was appointed Chancellor to the mentai'y upon the High Courts of Justice
Master of the royal peculiar of St. Catha- in England; Master in Chancery 1592; diecj
rine's, near the Tower.' E.Lodge, ' Life of 1601. 'Dict.Nat.Biog.';cf.p.xii,n. 11, supra.
XXVI COURT OF BEQUESTS
enerease of Honor, & of healfche, And A full accomplishment of all your Godly desires. St. Catherins^ this xvi*^ of January. 1597.
' Your good Loi" most bounden Copie^ ' Jul. C^sar.^
' To y^ right hon'''^ my singular good Lo. the Lo. Burghley Lo. highe Tresorer of England.'
The materials for the defence being far more abundant than those which furnished the attack, it will best conduce to an understanding of the controversy to which Sir Julius Ctesar refers to set forth the elaborate historical vindication of the constitutional position of the court furnished in this volume. He begins with an appeal to authority, giving in the first place a list of the judges, including many persons of eminence in Church and State,^ and next of the eminent persons who as suitors had availed themselves of the court's jurisdic- tion. For these he adduces references to the dates or folios of the court books. 1. A list of ' Judges of other high Courtes plaintiffs in this Court.' Of these there are fifteen, but one belonging to the reign of Henry 7, and three to that of Henry 8. 2. ' Judges of other high Courtes defendants in this Court,' six cases in number, the earliest being that of Sir John Russell, Knt., Lord Privy Seal, on 4 Feb. 1 E. 6 ((1547). 3. ' That Noblemen, videl. Barons & of equall or higher degree haue bene plaintiffs in this Court.' Of these there are sixteen, the earliest being the Lord Zouch on 4 July, 24 H. 8 (1532), one other belonging to the same reign, one to that of Edward 6, the rest to the reign of Elizabeth. 4. ' That noblemen, videl. Barons & of equall or higher degree haue bene defendants in this Court.' Of these there are thirty-one, six belonging to the reign of Henry 7, and five to that of Henry 8.
The object with which these hsts were drawn up is evident. It was to show that the judges and nobility, representatives of the high- est courts of the land, recognised the legality and jurisdiction of the Court of Requests. It is to be observed by the way that the abuse of the ' Poor Men's Court ' by wealthy and influential plaintiffs, prac- tically unknown in the reign of Henry 7, grew up during the later years of Henry 8. The Court then ceasing to be the summary executor of cheap justice became afflicted with the dilatoriness and expense
' The Eoyal Hospital of Saint Katha- writing of the signatory.
rine's near the Tower, to which he sue- ^ Signed in another hand,
ceeded as Master in 1590. Lodge, p. 20. * See Appendices J, K, L, pp. cii-cx.
- This word apparently in the hand-
COURT OF REQUESTS XXVll
which in the sixteenth century, still more than in the present day, weakened the effectiveness of legal remedy. And this perhaps accounts for the larger proportion of distinguished defendants in the reigns of the first two Tudors. Where the court still attracted business was by its readiness to admit plaintiffs in forma pmcperis.
The fifth head is an argument to prove the identity of the Court of Requests with the King's Council.
It begins, ' This Court of Whitehall (so called 32 H. 8, cap. 9,' et 5, Eliz. cap. 9) '^ was called Court of Eequests,' a proposition for which it cites references to the court's books. ' Et in termino sancti Michaelis tento apud villam sancti Albani, Curia tenta per consilium Regis appellabatur Alba Aula, 15 Nov. 35 H. 8,' which shows that at that time ' Whitehall ' like the Star Chamber, had developed into something more than a merely local name. The Judges of the Star Chamber and of Whitehall in 1554 were both called the Queen's most Honourable Council in her Court of Requests or in the Whitehall at Westminster.
The sixth and two following heads address themselves to the constitutional questions involved in the existence of the court and are of sufficient importance to transcribe in full.
*6. That the K. of England is the fountaine of all English Justice in all causes, from whence all Judges (be they ordinary or delegates) derive their ordinary or extraordinary authority, no man can denie vppon the paine expressed in 1 Eliz. cap. 1 et 35 H. 8, cap. 1, & it appeareth by Bracton de rer. division : cap. 2 m. 7 et in tract, de actionibus cap. 9 et 10.
7. That y" K. of England never did nor doth graunt any Juris- diction to any Court in his Dominions, but so, as hee still reteineth in himselfe & his Counsell attendant vppon his person, a supereminent authority & Jurisdiction over them all, appeareth by K. E. y^ 1, his booke of lawes (commonly called Britton) fol. 1.
8. That the Jurisdiction of the K. & his Counsell extendeth to the hearing & determining of causes publick, mixt, & private, appeareth as followeth :
1. To prove the Jurisdiction of the K. & his Counsell in publick causes, vide 16 R. 2 cap. 5, et 40 E. 3, 34 D. Amendment 15 ter. Trinit. et vlt. Mart. 1552 in y'^ P. C. booke of 6 E. 6 & throughout that booke, & all the P. C. bookes since that time, et 22 H. 8, cap. 14, et Westm. 2, cap. 22, 13 E. 1, et 13 R. 2, cap. 2, et 4 H. 6,
' ' Agenst maintenance and embracery, persones as shall procure or commit any byeng of titles,' &c. (1540). wylfuU Perjurye ' (15G3).
' ' An Act for the Punyshement of suche
XXVlll COURT OF REQUESTS
cap. 5, et 33 H. 8, cap. 39, et 10 H. 6, cap. 3, et 37 E. 3 cap. 15, et 9 E. 3 cap. 7, et 1 H. 7 cap. 7, et 31 E. 3, stat. 2 cap. 2, et 20 E. 3, cap. 1 et 3, et 12 E. 2 cap. 10, et 2 H. 5 cap. 1 stat. 2, et 1 H. 6, cap. 1, et 12 E. 2 cap. 11. et 1 et 2 P. & M. cap. 3, et 33 H. 8 cap. 9, et 27 E. 3 cap. 1, et 28 E. 1 artic. super chartas 2, et 7 E. G cap. 1, et 25 H. 8 cap. 21, et 33 H. 8 cap. 20, et 33 H. 8 cap. 23, et 4 H. 1 cap. 30, et 11 E. 3 cap. 1.
2. To proue the Jurisdiction of the K. & his Counsell in mixt causes vbi vertitur tarn interesse partis lese quam interesse reipubhcae vide Hb. 43 assisarum 38 et 5 E. 3 cap. 10, et 12 E. 2 cap 11, et 13 H. 4 cap. 7, et 3 H. 7 cap. 1, et 21 H. 8 cap. 20, et 7 et 8 EHz, in Divers Eeports fol. 245 et 5 E. 2 cap. 8, et 33 H. 8 cap. 1, et 2 et 3 P. et M. cap. 2, et 19 H. 7 cap. 18, et 38 E. 3 stat. 2 cap. 1, 2 et 4, et 13 E. 2 stat. 2 cap 3, et 16 E. 2 cap. 5, et 8 E. 2 cap. 4, et 13 H. 4 cap. 7, et 2 H. 5 cap. 8, et 4 et 5 P. et M. cap. 8.
3. To proue the Jurisdiction of the K. & his Counsell in private causes betwene partie & partie, vide 37 E. 3 cap. 18, et 13 E. 2 cap 2, et 17 E. 2 cap. 6, et 20 lib. assisar. 14 et 13 E. 4 fol. 9, et Fitzharb. nat. brev. 233 A. in the writ de ideota inquirendo, et 46 E. 3 tit. forfeiture, in Fitzharb. abridgement 18 et 22 Hb. Assisar. placit. 75, et 27 E. 3 cap. 13, et 39 E. 3 fol. 14, et 42 lib. Assisar. plac. 5, et 4 H. 4 Eecordes in the Tower, et 8 H. 4 Eecordes in the Tower, et 8 H. 6 Eecordes in the Tower, et 22 E. 3 Eecordes in the Tower, et 35 H. 6 Eecordes in the Tower, et 21 H. 8 cap. 13. A notable decree made by the K. & his said Counsell 10 Maii, 1552, in the P. C. booke of 6 E. 6 toucliing a debt without specialty, it being lost, recovered by a private man against the Duke of Somerset,' et 26 Junii, 1551, George Sidenham appeared before the Lis. of the K's P. C. in a cause touch- ing a lordship - betwene him & his tenants, sedentibus tunc in Consilio, the L. Tresorer,^ the L. greate M'','* the L. P. S.'^ etc. as appeareth by the P. Counsell booke of that yere, et 11 H. 7 cap. 25,'
The jurisdiction of the King and his Council having been thus established, the next step is to affiliate to the Council ' the Court of Whitehall or Eequests.' Of this relationship the first evidence is derived from nomenclature. And first of the King's Council.
^ ' That Counsell, which since 33 H. 8 hath bene called commonly the K's P. Counsell, in former times hath bene
' Somerset had been beheaded on the * John Dudley, Earl of Warwick, after- previous January 22nd. wards Duke of Northumberland.
- Sic. Qu. for ' lawsuit.' ^ John Russell, Lord liussell, afterwards
3 William Paulet, Earl of Wiltshire, Earl of Bedford,
afterwards Marquis of Winchester. " In MS.
COURT OF REQUESTS XXIX
1. Sometimes called the Ks. Counsell without anie other title, as 25 E. 3 cap. 4, et 42 E. 3 cap. 3, et 17 E. 2 cap. 6, et 28 H. 8 cap. 16, et 11 H. 6 cap. 11. West. 2 cap. 49 videl. 13 E. 1, et abridge of stat. tit. Champertie sect. 3 Gilbert RoAvbay Clerk of the K' Counsell, an. 20 vel 21 E. 1 et 13 R. 2, cap. 2 in question betwiene other Jurisdictions the K' Counsell the Judge, et 4 H. 6 cap 5, et stat. de Exonia 14 E. 1, et 10 H. 6 cap. 3, et 37 E 3 cap. 15, et 9 E. 3 cap 7 et 1 H. 7 cap. 7, et 31 E. 3 stat. 2 cap. 2, et artic. super chartas 28 E. 1 cap. 20, et 2 et 3 P. et M. cap. 2, et 20 E. 3 cap. 1, et 3 et 12 R. 2 cap. 10, et 2 H. 5 cap. 1 stat. 2., et 1 H. 6 cap. 1, et 12 R. 2 cap. 11, et 8H. 6 cap. 27, et 31 H. 8 cap. 8, et 38 E. 3 cap. 1, 2, et 4 stat. 2 et 3 R. 2 cap 3, et 13 R. 2 stat. 2 cap. 3, et 16 R. 2 cap. 5, et 28 E. 1 artic. super chart. 2, et 13 E. 1, stat de mercat., et 8 R. 2 cap. 4, et21 H. 8 cap. 13, et 13 H. 4 cap. 7, et 2 H. 5 cap. 8, et
32 H 8 cap. 14, et stat. de finib. levat. 27 E. 1, et The Abridg. of stat. tit. Sherifs sect. 5, et 33 H. 8 cap. 20, et 5 E. 6 cap. 11, et 13 H. 8 cap. 12 the K'' Graces Counsell, et cap. 23, et 4 H. 4 cap. 30, et 11 E. 3 cap. 1, et 31 E. 3 cap. 9, et 4 et 5 P. et M. y° K & Q.C. in y« Starchamber.
2. Sometimes called the K's Honorable Counsell, as 25 H. 8 cap. 21, et 19 H. 7 cap. 18, the Lis. of the K^ Honorable Counsell in the Starchamber at Westminster. Adde 23 El. cap. 6, the Ho. P.C.
3. Sometimes called the K* most honorable Counsell, as 22 H. 8 cap. 14, et 24 H. 8 cap. 13, et 33 H. 8 cap. 1, et 3 H. 7 cap. 1, et 21 H. 8 cap. 20, et 2 E. 6 cap. 6, et 33 H. 8 cap. 9, et 27 H. 8 cap. 20, et 21 et 25 H. 8 cap. 2, et 27 H. 8 cap. 26, et 31 H. 8 cap. 10, the K. most ho. C.
4. Sometimes called the K^ Counsell attendant on his person, as
33 H. 8 cap. 21, et 33 H. 8 cap. 39, the K^ most Ho. Counsell daily attendant on his person, et 33 H. 8 cap. 10, the K's P. Counsell attendant on his person. Adde 5 El. cap. 4, the Q" P. Councell attendant on her person.
I finde likewise a Counsell, called the K^ great Counsell, as 37 E. 3 cap. 18 et 28 E. 3 cap. 13 the Great Counsell, & Westminster 2 cap. 22, videl. 13 E. 1, y*^ K. and all his Counsell.'
In the above citations it is of interest to note how the later designations reflected in their grandiloquence the tendency to exalt the kingly dignity and prerogative which accompanied the rupture with Rome. The writer next proceeds to connect the Court of Requests with the Council so variously described.
XXX COURT OF REQUESTS
* Eeasons to proue that the Court of Whitehall or Requests is a member & parcell of the K' most honorable Counsel! attendant on his person.
1. The M'"^ of Requests, judges of this Court, are sworne of the K^ P. or S. Counsell, as appeareth by the oath following in this booke, which my self ' and my predecessors in this place haue taken,
2. The billes here bee directed to the K. himselfe.
3. Th' apparances here are before the K. and his Counsell. ^
4. The proces here is sealed with the S. proper to y^ K' Counsell.
5. The Judges here alwaies called in the actes of this Court the Iv' Counsell, or the K^ honorable Counsell or the K*" most ho : Counsell ; sometimes with this addition, in his Court of Bequests or Whitehall.
6. The Register or Clerk here hath alwaies bene a Clerk of the P. S. & of the Counsell.
7. The yere bookes of E. 4 an. Regni 13 fol. 9, et 2 R. 3 fol. 2, touch, relieving of straungers robbed, & all the statutes, giving Juris- diction to the K" most ho. Counsell in private causes, executed by the Judges of this Court, as appeareth by the actes thereof.
8. No Court (vnder the highest Court of Parliament) can re- examine a cause decreed in Chauncery, or discharge a prisoner com- mitted from thence, saving only the K' Counsell ; but this Court hath done it, as appeareth 1 E. 6 in the records thereof; ergo vide 42 lib. Assisar. plac. 5.
9. No Court (vnder the highest Court of Parliament) hath accus- tomed to cause noblemen to attend on it de die in diem, & not to depart without license, as namely Dukes ^ Erles Barons & the like, saving onely the K' Counsell ; but this Court hath alwaies accus- tomed the same.^
' See Append. E, p. xciii, and F, p. xcv, defend. Signed by the king himselfe, &
infra. This sufficiently identities the writer subscribed by G. Simeon, the direction on
as Sir Julius CfEsar. the back of the bill, being signed by the
- The printed portion of the volume (fo. sayd Simeon, one of the king's counsell of
160) concludes with examples of process this Court. Feb. 5.'
signed by the king himself in the Court of 10 H. 8.
Requests, or otherwise indicating his pres- ' A Commission to heare and determine
ence there. To these Sir Julius Ca-sar &c. touching 10 lib. lands and 20 lib.
apparently attached so much importance sterling money betweene Eich. Tipper
that in the margin of the title, ' Processe plaintife, and Jo. Lozenge defendant, signed
signed by the king,' he writes ' nota.' by the king himselfe, and subscribed by
Of these I select the earliest and latest Doct. Veisie the sayd Deane 20 Junii.'
cases. ^ Interlined, and a word following, also
21 H. 7. interlined, struck through and illegible.
'A Commission to heare & determine " References to the Court's books here
&c. touching a messe and certaine landes follow. There are eight cases, all but the
& amercements in Arnall in the county of last in date, 5 E. 6, belonging, it is to be
Nottingham, between Christopher Hides & noted, to the reigns of Henry 7 and
Margaret his wife pi. and Rob. Jakes Henry 8.
COURT OF REQUESTS XXXI
10. This Court is one of the K^ Courts, 32 H. 8 cap. 9, et 5 El. cap. 9, & standeth onely by prescription of the K^ Counsell, as appeareth by the actes of this Court & the common lawe, it having neither commission vnder the Create Scale, or act of Parliament to establish it otherwise : but the K^ Counsell prescribeth onely for it selfe ; ergo
11. K. E. 1 in his booke of Lawes (commonly called Britton) reserveth a Jurisdiction to himselfe & his Counsell aboue all the Jurisdictions in his realme, Britton fol. 1, et Bracton de rer. divisio. cap. 2 m. 7, et in Tract, de artic. cap. 9 et 10. But every supreme Jurisdiction conteineth in it power for decision of causes publick, mixt & private ; & y'^ K^ Counsell hath not elsewhere then in this Court dealt iudicially in private causes ; ergo this Court the K^ Counsell. '
12. Some Judges of this Court haue from time to time till 1 El. sat, alternis vicibus, as Judges in the Starchamber, where none may sit as Judges but such as be of the K^ most ho. Counsell, saving onely the 2 Justices named in y® stat. of 3 H. 7 cap. 1, et 21 H. 8 cap. 20. The former is proved by the recordes of both Courts, y^ Starchamber & Eequests.
13. The Judges of this Court (nowe commonly since 4 E. 6' called M''^ of Eequests) were alwaies numbred and provided for in the bookes of the K^ howsehold as the K* Counsell, without anie distinction or difference of more Counsels than one, as may appeare by the black booke of the said howsehold, & by the titles given vnto them, who then had y*" carre to take & answere the requests and supplications made vnto the K. vlt. Jan. 27 H. 8, et 28 Junii 33 H. 8, et 6 Nov. eod.
14. Eob. Dacres Esquire in an. 1543 35 H. 8 vsed this title ensueng, as appeareth vnder his owne hand (which I have seene) in the beginning of a booke, Sum Eoberti Dacres armigeri serenissimo H. 8 dei gratia Anglias Francia3 et HiberniiB Eegi a Secretioribus Consiliis necnon a tabellis supplicatoriis.^ Mr. Dacres of Cheston in Hartfordshire hath y* booke.
15. No mans hand but a Counselors can commaund the K^ P. S. as appeareth by the auncient othe of the Clerks of the P. S. But every of the Judges of this Court his hand commaundeth the s'^ P. S. ; ergo
16. That Counsell, w'''' since 33 H. 8 hath bene called commonly the K^ P.C. was alwaies heretofore called the K^ C. without any other
' 1550. But see p. xix, n. 1, supra.
- See p. xi, n. 6, supra ; also Append. C, p. Ixxxv, and p. cxvi, n. 88.
XXXll COURT OF REQUESTS
title, or els entitled the K* Ho. or most Ho. C. with this further title sometimes, daily attendant on his person, as appeareth by the stat. imprinted : but y K^ C. in Whitehall hath all those titles, as appeareth by the recordes of that Court tempore H. 7, H. 8, E. 6, M. 1, et EL; ergo
17. Th' auncient presidents & recordes of every Court are the common lawe of the land for y^ warranting of like proceadings in that Court, as appeareth at large by the case of the mines in Plowdens commentaries T. M. 9, et 10 El. but the recordes of Whitehall prove the Judges there ye K^ most Ho. Counsell ; ' ergo . . .'
4. The Common Law Courts and the Court of Requests.
That the Judicial Bench acknowledged, at any rate, the existence of the Court of Eequests de facto is shown by copies in Sir Julius Csesar's hand of letters with regard to its proceedings. They are as follows : —
' A letter '^ written to the M''* of Eequests for the L. keeper,^ as followeth. After my verie hartie commendacions : Whereas (as I am given to vnderstand) a cause hath depended before you theise 4 yeres, in w'^^ Laurence Sill was pi. ag. Jo. Mason def. & a decree therein graunted, after w'^'' & before the same could bee executed the s*^ Mason died, so that the pi. was enforced to revive the sute ag. Tho. Gibson & Isabell his wife, y'^ widoe & executrix of the deceased Mason, vppon w'''' newe bill, (as I ame enformed) order hathe bene delivered
' The ' Actes, Orders & Decrees made by Caesar's copy are evidence that the vokime
the King and his Counsell, 9 H. 7, remain- is one of selections. The principle on
ihg amongst the Eecords of the Court now which these selections are made is appar-
commonly called the Court of Eequests,' ently to exemplify the matters alleged to
occupy ff. 43-163. They open with the be within the jurisdiction of the Court in
order of Feb. 12, 9 H. 7, already tran- the earlier printed and MS. portion of the
scribed from the originals. The book volume. They would seem also to be
affords internal evidence that it represents intended to point to the dignity of the
selections of Acts, orders, and decrees parties to suits in the Court, who evinced
which it sometimes merely notices, some- thereby their submission to its jurisdiction.
tim.es abridges. For example, ' Anno 33 For instance, ' Ann. 34 H. 8, '23 Januarii,
H. 8, 25 Maii, fol. 62. A matter of promise fol. 146. Eodem (die) Thomas Charleton
vpon marriage & of legacie decreed.' » nomine Mathfei Browne militis comparet
' Anno 23 H. 7, fo. 73, 14 Februarii. In &c.,' ' the next entry being ' 3 Martii, fol.
the matter of variance depending &c. 156. A decree for a poore woman against
betweene Joan Corway, pi. and the rever- certaine church-wardens in London for a
end father in God Siluester bishop of messuage,' etc*
Worcester it is decreede itc' '' The entries ^ Fo. 153.
in MS. or the interleaved pages of Sir J. ^ See next page, n. 2, infra.
» This in the originals is a long judgpment, cover- the Eeuerent fader in God, Siluestre, now bisshop of
ing both sides of the folio, in the case of Everyngham Worcestre,' &c.
V. Leyke. <= This is an appearance excusing Sir M. B.'s
*> This is abbreviated. The original on fo. 303 attendance on the ground of old age and infirmity,
runs: 'In the mater of variaunce depending afore "i A judgement filling the two sides of the folio in
the kinges honorable Counsayll betwene Johanne the suit of Dacres v. The Churchwardens of St.
Corwaye and John hyr sonne whome she nameth in Sepulchre's, London. hyr pretensed byll to be complayuent with hyr ayeust
COURT OF REQUESTS XXxiil
by you that the def. should come in & she^Ye cause whie the decree should not bee in force. And bycause that further daies bee still given, and y® pi. feare infinite delaies, hee hathe so greately importuned mee, as that T coulde not but satis Be his earnestnes. Wherefor I pray you to haue that consideration of the cause, that the man may haue no cause to complaine for want of vndela3'ed Justice, and that after the manner of your court you will speedily dispatch him, with that favour also (Justice regarded) as the cause requires. And so I bid you most hartely farewell. From Russell howse, this 2 of Febr. 1592.'
' Subscribed, your very loving friend Jo. Puckering C. S.'^
The speed with which the court addressed'itself to the fulfilment of the Lord Keeper's desire is shown by a note of extracts which Sir Julius Caesar has taken from the court's books : ' 7 Febr. 25 April 18 Junii et 11 Octob : 36 El.^ decreed ag. an Executor Gibson to pay that w'^'' was formerly decreed against Mason the testator 28 Nov. 33 El.' "
The second piece of documentary evidence of the recognition of the Court of Requests is headed ' A letter written to Her Ma^'*"^ Counsell of Her Court of Requests from the Justices of the Common plees, to relieue a cause after iudgement & execution in y^ com. plees, as folio we th.'
' The matter depending in the com. plees betwene Walter Hele pi. & Hugh Wilsdon & Hugh Culme def. in an action of debt of 200 lib. for x of 100 lib. was the last Hillary terme by the consent & as we take it at y'' request of the s'' Heles Counsell by order of the s'^ Court referred to the determination & ending of M'' Justice Periam ; Where- vppon at the last assises at Exon both the parties being called before the 8'^ M'" Justice Periam ^ hee thought good that Culme should pay to Hele 120 li. in full recompenee of the s'^ debt and penalty of the s'^ bond costes & damages, w""'' Culme was content presently to haue payed accordingly. But Hele though he werre earnestly requested b}' the s'^ M'' Justice Periam to accept thereof, vtterly refused the same ; and this Easter terme the s*^ Court of Common plees being verie importunately called on by Hele for execution, could not any longer stay the same, but awarded execution, the rather, for that the s^ Court thought Her Ma*'*' Court of Requests, being a Court of equity, would as is meete, take such order in the s'^ cause as to conscience should
> I.e. 1593, N.S. House of Commons in 1584-86 and 1586-
- Sir John Puckering, Keeper of the 87 ; Lord Keeper, 1592 ; died, 1596. ' Diet.
Great Seal (Gustos Sigilli), born 1544; Nat. Biog.'
called to the Bar at Lincoln's Inn, 1567 ; ' 1594. * 1590.
Serjeant at law, 1580 ; speaker of the * See next page, n. 2.
b
XXXIV COURT OF REQUESTS
apperteine. Vppon w°^ execution so awarded out of the s*^ Court, the s*^ Culme brought into the said Court the whole condemnation being in all w*^ the costes 206 13 4, w"^ was presently delivered to Heles Atturney. Thus leaving the s"^ cause to bee further ordered by your good discretions in Her Ma*'''^ s"^ Court of Requests v;"^ wee in the s'^ Court of com. plees, being a Court of the common lawe tied to the strict and precise course thereof, could not so well helpe as wee wisshed, so take leaue of you. From Serieants Inne in Flete streete, this 14 of May, 1585.
' Yo'" loving frendes.
'Edjidxd Anderson.' "William Peryam.'^
The third documentary proofs of this recognition is dated 26 Junii 1599. Fo. 165. 'A note out of the Court of Common plees licensing the def. to
procure an iniunction in the Court of Eequests, in htec verba.
' Aston versus Sherborne. ' Ordinatum est per Curiam 15 die Junii isto eodem termino quod querens procedere non debet ad nisi prius versus def. eo quod apparet Curie hie per examinationem, quod debitum solutum fuit intestato in vita sua. Ideo concessum est defendenti ad perquirendum Iniunctionem in Curia Eequisitionum per Curiam.'
The fourth is :
* A letter written to like purpose in the same cause from one of the J. in the com. plees to one of the J. in Whitehall in haec verba. After my verie hartie commendacions, Whereas one Eandoll Asheton a servaunt to her Ma^ hath procured a sute at the common lawe against this bearer Ewen Sherborne vppon a bill made to one Eich. Brocks for 24 lib. ahout 18 yeres since, w'^'' money, as this bearer affirmeth, was manie yeres since discharged, & Brockes since gon bankroute, And for that, as hee also affirmeth the profe of the payment of the same money by the circumstances thereof is more apt for hearing in your Court of Eequests, then at the Chancery, hee being the Queenes servaunt ^ ; Therefore hee hath exhibited his bill against Brocks in the
• Sir Edmund Anderson, born in 1530 ; Middle Temple, 156o ; Serjeant at law,
educated at Lincoln College. Oxford ; 1579 ; Justice of Common Pleas, 1591 ;
entered at the Inner Temple, 1550 ; ser- Lord Chief Baron of the Exchequer, 1593 ;
jeant at law, 1577 ; Queen's serjeaut, 1579 ; died, 1604. ' Diet. Nat. Biog.'
knighted and appointed Lord Chief Justice ^ Also recorded in B. M. MSS. Add.
of the Common Pleas, 1582 ; died, 1605. 25248, fo. .58.
' Diet. Nat. Biog.' * See p. xv, p. xi, n. 6, supra, pp. Ixxxv,
- Sir William Peryam, Fellow of Exeter Ixxxviii, and p. 17, n. 4, infra. College, Oxford; called to the Bar at the
COURT OF REQUESTS XXXV
same Court before you, vppon w*"'' hee cun Jiaue no proves without warrant vnder the hand of some of the ]\[''* of the Bequests. I arae therefor to entreate you hereby that you would graunt your warrant to this bearer for proces against Brock vppon the s"^ bill, and for to proceede as in yo"' iudgements the equity & right of the cause shall fall out to deserue. And so I betake you to the Almightie. Serieants Inne, this 28 April, 1599.
' Yo'" very loving friend
* Tho. Walmesley.' '
It is remarkable that, notwithstanding his evidently laborious searches among the Kecords of the Court, Sir Julius Caesar should only have been able to produce these four evidences of recognition, of which the earliest was a century after the date at which the Court stands forth as a distinct and independent tribunal. Nor does the Lord Keeper's letter amount to more than such a request for the acceleration of proceedings as was frequently addressed in those days by influential personages to members of the bench. The letter of Anderson and Peryam, JJ., by invoking in the name of the Court of Common Pleas the intervention of the Court of Piequests, as ' a Court of equity ' to stay their own common law process is, whatever its worth, a clear acknowledgment of the constitutional legality of the Court of Eequests' procedure. The same may be said of the subse- quent documents, also dating from the Common Pleas.
A writer in the ' Collections relating to the C of Requests,' ^ apparently Sir Julius Csesar himself, has supplemented the historical and constitutional defence of the Court by a series of arguments of a more personal character under nine heads, as follows :
' Moreouer if the Court of White hall be no lawfull Court fo. ssb.
' 1. Why hath it continued euer since 9 H. 7 without interruption ?
' 2. Why haue the Judges of the Common Pleas when they were serieaunts & sworne to mainteyne the course of Lawe tooke mens money for drawing bils to be preferred into this Court '?
' 3. Why haue all the learned Judges of the Common Lawe in their serieanty and tyme of practise persuaded their clients theis hundred and ten yeares past to commense causes in that Court ?
* 4. Why haue the Subiects of England thus long been deluded to spend their mony in an vnlawfull Court?
' Born about 1537 ; entered at Lincoln's Pleas, 1589 ; knighted, 1603 ; died, 1612. Inn, 1559 ; called to the Bar, 1567 ; ser- Foss, ' Lives,' vi. 191. jeant at law, 1580 ; Justice of the Common - B. M. MSS. Add. 25248.
b2
XXXVl COURT OF REQUESTS
* 6. Why haue the Judges of the Common Pleas recommended sutors to the Court of Bequests nameHe to procure iniunctions and in the meane tyme stayed the proceedmgs at the Comon Lawe m that Court ?
' 6. Why haue the noblemen and the Judges of the one Bench and the other endured the censure and paid that w"^'' hath beene decreed against them in the Court of Whitehall ?
' 7. Why haue the Kings & Queenes raigning, in their Proclama- cions or adiournements of termes respectiuelie, named the Court of Bequests or Whitehall, one of the Courts ? '
' 8. Why hath the wisedome of the whole Land, in parliam* assem- bled in Anno 32 H. 8 (cap. 9) & in Anno 5 EL (cap. 9) called the Court of Whitehall one of the Kings Courts ?
' Sarely if tyme in all other things iustlie esteemed the daughter of truth, if the learned Judges of former tymes, who haue left vnto vs that learning w°'^ we now haue if we haue any, if the common reputa- cion of the world w*^'' in causes of this nature hath bred this princiiDle receauable for the common good " Communis error facit Jus," - if the noblest and wisest of this state, if five Kings and Queenes of England successiuely, if all the three states of England correspondently, and w'^'' is more, if the foure Judges of the Common Pleas, in the tyme of their Serieanty, for a longe tyme respectiuelie haue pleaded causes in the said Court, & allowed the Court of Whitehall for a lawfull Court, I wonder what hath moved them being Judges openlye to protest and mainteyne in publique places, that the Judges of the Court of White- hall haue no authoritie to sitt, nor to committ any man to prison, and that the same is noe lawfull Court, thereby to giue advantage to the malignant overcuriously to skanne the authority of this Court, w''^ may prove a dangerous president against the proceedings & Juris- diccion of other Courts. But they are wise and strong in power, and therefore for my parte I will subscribe to their opinion if it may please them to shew mee sufl&cient reasons how I may doe it without mani- fest breach of mine Oath here ensuing.'^
The assaults by the Judges of the Common Law Courts upon the authority and jurisdiction of the Court of Bequests appear to have begun in 1590, if we may trust a contemporary defence' of the Court contained in the volume of collections from which extracts have
' The words ' at Westm"^ ' are added ^ Here follows ' The Coppie of mine oath
after the note of interrogation, in a smaller when I was sworne M'' of Eequests, Jan. 10,
and apparently a different hand. 1590, ' i.e. O.S. See p. xxiv, n. 2. This is
^ Coke, ' Inst.,' iv. 240. Sir J. Casar. Cf. App. E, p. xcv, infra.
COURT OF REQUESTS XXXVll
already been taken. ^ This paper ^ professes to give a list of proceed- ings of which the earliest originated in that year. It is headed ' Prohibitions &c granted out of her Ma*" Court of Comon Pleas to stay the Parties proceding in her Ma*" Courte of Whitehall since the 32*^ yeare of her Ma*' most happy Eaigne. The like whereof is not remembred to haue beene done in former tyme.' In another part of the volume the first of these cases is set forth at length as follows : ^
Duodecimo die Junii Anno Eegni Reginaj Elizabethse xxxvj\*
* Mathew Locke Esquier Complainant William Parsons defendant. A decree dated 9° Februarii 33°'^ Elizabethe after divers contempts by the deft, against the dignitie of this Court for w° the defendant was a long tyme Imprisoned is now confirmed for the pltffs possession of a Messuage in the parish of St. Mary Colchurch in London. The deft, in further manifestacion of his contemptuous disposicion pre- ferres an Informacion into his*^ Ma*^ Court of Comon Pleas agst. the Plaintife vpon the statute of Magna Charta and diuers other statutes in that case made. For stay of w''^ proceedings the pi. became suitor to the Lords of the Counsell who required Sir John Popham then Atturney Generall ^ and Sir Thomas Egerton * then solicitour to her Ma**'' to certifie their opinions concerning the pro- ceedings in this Court, whoe vpon due consideracion of the cause did certefie their Lo^p^ that this Court had dealt in this cause as was convenient and stood with all equity and conscience, And soe thought the pi. ought to be maintained in the possession of the said messuage accordinglie. Afterwards it pleased the Lords of the Counsell to signifie to this Cort that the matter should here be preceded in. WTierevpon after day giuen to the defendant to shew cause why the decree should not be put in execucion ; The Court decreed the pos- session to the pi. and awarded a Commission to the Sherriffes of London to put the Complt. in possession and ordered the deft, to pay him for the meane profitts for foure yeares and a halfe after xv li. the yeare 18 Octobris 36" Elizabethse. A Serieant at Armes was sent to apprehend the defendaunt 19° Octobris 36 Ehzabethte. The Serieant at Armes brought him into Court. And then he was ordered to be bound to deliuer possession.'
' Sir Julius Csesar, it will have been ob- ^ Sic. A.n indication that this was
served, dates the controversy from shortly written temp. Jac. I.
after hisappointment as Master of Eequests, ' See p. xl, n. 1, infra.
i.e. 1591, and this later date the cases seem ** Educated at Brasenose College, Oxford;
to confirm. Cf. p. xxvi, n. 2, supra. afterwards at Lincoln's Inn ; S.-G. 1581 ;
- B. M. MSS. Add. 25248, fo. 48b. A.-G. 1592 ; Master of the Eolls, 1594 ; Lord
^ lb. fo. 44b. Keeper, 1596 ; created Baron Ellesmereand
■* 1594. Lord Chancellor, 1603; Viscount Brack-
' 1591. , ley, 1616 ; died 1617. ' Diet. Nat. Biog.'
XXXVlll COURT OF REQI^ESTS
After some three years of litigation, therefore, the Court of Requests through the intervention of the Privy Council remained victorious so far as this case was concerned. But while those pro- ceedings were pending, the Court of Common Pleas on 20 May, 35 Eliz. (1593), granted a prohibition against the plaintiff in the case of Michael Lemmond v. Garret de Malignes,' brought in the Court of Piequests. Here the Court of Common Pleas maintained its ground, for it does not appear that the Council intervened or that the prohibi- tion was set aside. The Court of Common Pleas took another step in a case Tatnall v. Gomersall in 1598. Here, as in Locke v. Parsons, the equities appear to have been with the action of the Court of Requests. The suit in this Court arose out of an obligation of the plaintiff to the defendant in 121. for payment of 61. The plaintiff had paid the debt in instalments, nevertheless the defendant sued on the bond in the Common Pleas. Process was then served upon him by the Court of Requests. He refused to answer, and the Court issued an injunction to him to stay his proceeding at the Common Law. For this action on the part of the Court of Requests its apologist cites numerous examples from its books which may be taken at any rate as precedents. The Court of Common Pleas, however, granted a Prohibition on the ground that a cause first commenced there could not be stayed by any other Court. And the Prohibition, it seems, was enforced.
Meanwhile the Queen's Bench had come to the support of its fellow Court of Common Law. In 1595, in the case of Hobie v. Higford, it issued a prohibition after the Court of Requests had decreed in favour of the plaintiff, in a case parallel to that of Tatnall v. Gomersall. In 1598 the case, in some manner not stated, came before the Common Pleas, which on 30 October of that year, five days after the issue of its prohibition in Tatnall v. Gomer- sall, granted one also against this plaintiff on the ground that ' the defendant ' (i.e. the plaintiff in the Court of Requests) ' im- pleadeth the plaintiff in a plea of debt in the Court of Requests against the lawes of England.' Again the apologist of the Court of Requests parades the precedents in the books of that Court, ' where,' he adds, ' it may likewise be seene that in theis cases iniunctions have beene graunted to stay the proceedings at the Comon Lawe, w'^'' this Court forbore in this case,' a conspicuous evidence of its growing weakness.
A fundamental power inherent in every Court is that of com-
' Gerard Malynes, author of the 'Con- 1C22. He died 1G41. See 'Diet. Nat. suetudo vel Lex Mercatoria,' published in Biog.'
COURT OF REQUESTS XXXIX
mittal for contempt. At a date unspecified, but some time after Easter Term 1599, the Court of Common Pleas issued a habeas corpus in favour of a person imprisoned by the Court of Re- quests for this ofifence.' But all the Law Dictionaries, pre- sumably copying Cowel, mention a case heard in Mich. Term of the same year (40 & 41 Eliz.) as finally annihilating its pretensions to a legal existence. This is Stepney's case, the MS. report of which in the Collections of the British Museum ^ supplements in some details the version given in Croke's Reports.^ It runs as follows.
* Stepney plaintiff in the Court of Common Pleas against Floud Floud'* def: Term Mich. 40 et 41 El.-^ An attachment went out under the P. S. of the Court of Requests, to take the body of Floud by vertue whereof one Stepneth*^ then Sherriffe of the county of Carmarthen to whom it was directed tooke him, and Floud for his enlargement made an obligation to Stepney the condicion thereof was to appeare before her Ma*^^ Counsell in the Court of Requests, where- soeuer attending her person,^ and one day lymitted when he should appeare ; vpon w'"'' obligacion Stepney bringeth an accion of debt, and the opinion of Anderson and Glanduill was that this processe gave no authoritye to take the body, for that Court hath no such power by common Lawe commission nor statute, but the Sherrife ought to obey the P. S. w*^** issueth out of the Courte of Wardes or the dutchie, for they are appointed by the Statute &c. as followeth more at large there * and soe Judgm* was there giuen against the pi. The cause began in anno 37 ^ in the Court of White Hall where Flouds wife sued him for some maintenaunce out of her goods and
' Pagan v. Hearne, B. M. MSS. Add. so avoidable. And although it was alledged
25248, fo. 52b. that this obligation is within the statute,
* lb. fo. 53b. in regard the Sheriff took it by colour of " Croke's Eeports, ed. T. Leach, ii. 047. his otiice, although he was not lawfully in
* Sic. custody, it was notwithstanding adjudged
* 1598. for the defendant.' The statute cited is ' In Croke's Eeports, he, Stephens. c. 9. in the Statutes of the Kealm, which ' This, as will be seen from the endorse- prescribes the form to be taken by the
ments, ' ubicunque f uerit ' was the common bond for appearance of persons arrested
form. Croke's Keport states the obligation by the Sheriff. ' Et que null Viscount ne
to have been ' to appear before the Queen's null dez Officers ou Ministrez suisditz
Council attending in the Court of Requests preigne ou face de prendre ou fair ascun
at Westminster,' which was the actual prac- obligacion par ascun cause suisditz ou
tice. colour de lour office, sinoun tenaunt soule-
" Possibly this refers to Croke's Eeport, ment a lour mesmez, dascun persone ne
which continues : ' Wherefore they held pour ascun persone que soit en lour garde
that this obligation is not within 23 H. 6, par le cours de la leye forsque sur le noun
c. 10, for the said statute intends only de lour office & sur condicion que la dit
obligations taken by such who are in prisoner appierga a le jour couteignuz en
custody by the course of law. Wherefore le dit breve bill ou garraunt requiert.'
this obligation was taken per duress and " 1594-95.
xl COUKT OF REQUESTS
Lands w'^*' she brought to him, and he enioyed in her right, being therto occasioned by his intolerable vsage towards her, and deniall to give her any maintenance. The L. Cheife Justice of England ^ vpon complaint made to him, examined alsoe the said cause and ordered it against the said Floud, and sent his Order to the Court of White Hall, that the same by the authority of that Court might be decreed and executed accordinglie. The said Court decreed the same for the wife against Floud the husband.
' The execucion whereof was interrupted as appeareth by the act next precedent of the Common Pleas, till afterwards the said Floud being committed to the Fleete, by order of the Starre Chamber, for certeyne other his misdemeanours, he was alsoe recommended from White Hall to the said Prison.'
The constitutional importance of the decision in Stepney v. Floud is more fully brought out in Coke's account- of the judgment. ' And it was adjudged in solemne argument, that this which was called a Court of Bequests or the White Hall, was no court that had power of judicature, but all the proceedings thereupon were coram non judice, the arrest of Floud was false imprisonment, so as he might avoid the bond by dures at the common law without aide of the statutes of 23 Henry VI, c. 10.' In the same term, in an action against the Sheriff of London for seizure of goods by commission from the Court of Requests, judgement was given for the plaintiff.^
It appears to have been common ground among the legal contro- versialists of the day that a Court of Law must derive either from an ancient royal grant, from statute or from immemorial custom.^ A royal grant might take the form of a commission under the Great Seal as to Justices of Assize, Justices of Forest, &c., or it might be by letters patent under the Great Seal, as in the case of the Court of High Constable, the Courts of Fairs and Markets, Court Leets, &c., or by such ancient ordinances as those by which the King's Bench, Exchequer and other Courts were definitively constituted. To a quasi-Parliamen- tary origin the Court of Common Pleas was ascribed.-^ The Court of Augmentations derived from 27 Henry VHI, c. 27,^ the Court of Wards from 32 Henry VIII, c. 46," the Court of First Fruits and Tenths
' Sir John Popham, Chief Justice, 1592- E, p. xciv, infra.
1807. ^ ' Communia placita non sequantur
- Inst. iv. 9, fo. 97. Curiam nostram.' Magna Charta. 9 H. 3,
^ Everingham V.Wats, in F.Moore, Cases c. 11.
Collect., (tc. 2nd ed. 1688, p. 549, No. 735. * ' An Acte establisshing the Courte of
'' Cf. the judgement in Stepney v. Floud Augmentacions.'
with the argument of Sir J. Cffisar in App. ' ' The Courte of Wardes.'
COURT OF REQUESTS xli
from 32 Henry VIII, c. 45,' & the Court of Surveyors from 33 Henry VIII, c. 39.2
Custom was held to justify the jurisdiction of the Courts of Counties Palatine, of the Stannaries, of the Mayor's Court of London, of Leets, and of the Star Chamber, unquestionably long anterior to the Act of 1487.^ And at this point is the crucial difference between the assailants and defenders of the Court of Eequests, If that court was simply a delegation of the Privy Council, it ranked with the Star Chamber as justified by immemorial custom. If, on the other hand, its constitution by Henry VII or under Wolsey was the establishment of a distinct tri- bunal, it couldpleadnoneof these justifications, having no commission under the Great Seal.'' Whatever might be said as to its genesis, it is unquestionable that as a matter of fact and practice it had become a distinct tribunal.
This was apparent from the new position as regards the Council, which towards the close of the sixteenth century began to be held by the Masters of Eequests. The Privy Council, that is, the acting com- mittee of the King's Council, had now developed into a distinct existence. In a petition for a regulation of their precedence addressed by the Masters of Eequests to the King, probably to Charles 1,'^ they dwell upon this change. In former days, they observe, the Masters of Eequests, or those who under other designations discharged their functions, were members ' of the Privy Counsell to the King.' By this they really mean, were members of the King's Council, which in the time of Henry VII was the ordinary term. They are still, they say, sworn in as ' counsellours to Your Majesty,' but this notwithstanding, when James I established precedence among Privy Councillors, no place was assigned to them. Clearly then, whatever their origin, they had become a distinct body from the acting Council. The judges of Elizabeth, therefore, in passing by the plea that they were exercising the customary powers of the King's Council, were right in discarding the pedantry for the actualities of law. And the principle of their decision was re-affirmed under James I in the earl of Derby's "^ case, heard in Hilary Term, 1614. It was then resolved 'that the King cannot grant a commission to determine any matter of equity (over which the Court of Eequests claimed jurisdiction), but it ought to be
' ' The Court of first fruytes and Tenthes.' c. 2.
- 'The Bill for thestablishment of the ■* Note Coke's statement as to this, p. xvi,
Courte of Surveyors.' supra.
' ' Pro Camera Stellata. An Acte giving ^ See Appendix H, p. xeix, infra,
the Court of Starchamber Authority to " William Stanley, K.G., sixth Earl, ob.
punnyshe dyvers My(s)demeanors.' 3 H. 7, 1G42.
xlii COURT OF REQUESTS
determined iii the Court of Chancery, which hath had jurisdiction in such case time out of mind, and always such allowance hy the law.' The resolution went on to affirm that ' such commissions or new courts of equity shall never have such allowance, but have been resolved to be against law, as it was agreed in Pott's case.' '
Defendants now began boldly to defy the Court of Requests, relying upon the support of the Common Law Judges. In the case of Jukes V. Smith and Gardner,^ the defendants were on 21 April, 1600, arrested by order of the Court & brought to Whitehall. ' They were there committed to the Warden of the Fleete, one of them presentlie in Court signifyinge with great scorne of the Court and Judges there and to the verie ill example of all the Barre & standers by, that they had a Habeas Corpus ready to discharge them from that Imprisonment, which presentlie after they deliuered to the Warden of the Fleete, it bearing date 12 Febr. 42 El.^ by vertue whereof before Mr. Justice Kingswell' he discharged them vpon bonde to appeare at the Common Pleas the next morning. These appearing, 22 April 42 El.^ att the Common Pleas were set at liberty, and there openly it was said by the Judges that the decree was against Law and equitie, and that the Judges of the Court of Whitehall had none authoritie either to sitt there or to comitt any man from thence.'
It is clear from this narrative that the doctrine of the illegality of the Court of Piequests had advanced in the seven months since June 1599 when, as Sir Julius Caesar records,'' the same Court of Common Pleas gave leave to apply for an injunction there. The letter already quoted of 14 May 1585 and the case of Aston v. Sherborne in 1599 ^ coupled with numerous injunctions, some of which have been men- tioned, point to a view current among some of the Judges of the Common Pleas that the Court of Requests was in the nature of an equitable jurisdiction ancillary to the Common Law and to be set in motion by the Common Law Courts. Unhistorical though this concep- tion certainly was, it nevertheless provided a function for the Court of Requests which must have been frequently desiderated by judges whose sense of justice was not contracted within the four corners of pleading and precedent. This justification, however, did not commend itself to the growing school of constitutional lawyers, and a conflict of opinion is ap-
' Coke's Reports, xii. p. 357. I have not Kingsmill, Justice of the Common Pleas
been able to find Pott's case. 1503-1509. He was called to the bar at
- B.M. MSS. Add. 25248, fo. 56. Lincoln's-Inn in 1567 ; was made serjeant-
^ 1600. at-law in 1594 ; Queen's serjeant, 1595 ;
* Sic for Kingsmill. George Kingsmill, Justice of the C. P., 8 Feb. 1599 ; knighted
second son of Sir John Kingsmill, of 1603 ; resigned 1606 ; died April 1606. Foss,
Sidmanton, Hants, and grandson of John vi. 163. ^ P. xxxiv, supra.
COURT OF REQUESTS xliii
parent within the Court of Common Pleas itself. In the case of Pemer- ton V. Preston a ' Bill was exhibited to her Majesty,' as the form ran, ' 17 March 39 Eliz." for the stay of a suite at the Common Lawe vpon a bond of £100 for payment of £52 10s., the suite being commenced against a surety, the debt being formerlie paid by the principall in his life tyme being now deceased. Wherein order was taken 20 April 39 Eliz.' and the rather vpon the earnest recomendation of the said cause by the Judges of the Common Pleas to the M''^ of Bequests to relieve & helpe the poore pi. in equitie, since by law the said judges could not. Notwithstanding the said Judges of the Common Pleas granted a Prohibicion 13 Apr. 39 El. against the said plaintiff." '^ By the decision of 1600 the question may be taken to have been settled, so far at least as the Court of Common Pleas was concerned. We have seen evidence that the same opinion prevailed in the Queen's Bench.
The situation in which the judges of the Court of Piequests found themselves is pathetically described by the apologist of the Court.^ ' By reason of the premises and like both proceedings and speeches often tymes within the space of x yeares last past vsed in the Court of Com- mon Pleas in the open hearing of all comers thither, the Court of Whitehall hath Pieceiued a generall and publique disgrace amongst the vulgar sort, and the Judges sitting there onely vpon her Ma**^' expresse word and comaundement (as their predecessors haue euer done since 9 Henry the 7 as appeareth by the acts of that Court relying much vpon the Judgm* and censui-e of such fower Eeuerend Judges ^ as the Court of Common Pleas doth afford), are fearefull to sitt any longer as Judges in Whitehall where
* Their sittings are not warranted
' Their decrees cannot be executed
' Their authorities are contemned
' Their Prisoners are discharged by Habeas Corpus
' Their sutours proceedings are stayed by Prohibicions
' Their Orders scorned & publiquely slandered
' Themselves unmeasurablie toiled without profitt, yea to their great hinderance, and w''^' is most of all, subiect in the censure of foure graue Judges to most severe punishment as mad busybodies that sit in places of Judgment without warrant of Lawe.'
» 1597. should be 20 March.
2 B. M. MSS. Add. 25248, fo. 51b. » B. M. MSS. Add. 25248, fo. 57.
There seems some confusion in the dates, ■* They were Anderson, C.J., John Glan-
for, according to the text, the recommenda- vill.George Kingsmill, and Peter Warburton.
lion to the Court of Requests was subsequent Foss, v. 411. to the prohibition. Qu. whether 20 April
xliv COURT OF REQUESTS
Undaunted by this trying situation the judges of the Court of Eequests struggled on. They were sustained by the countenance of the Court and of all who favoured the exaltation of the prerogative. On the other hand, the judges of the King's Bench began to vie with those of the Common Pleas in raining Prohibitions upon the unhappy Masters of Eequests. A list of these ' Since his Ma*^'" Eaigne,' com- piled during the life of James I, is given in the MS. already so largely drawn upon. These assaults were reinforced by the great authority of Coke, who in 1606 was made Lord Chief Justice of the Common Pleas and at once assumed an attitude antagonistic to the prerogative and assertive of the independence of the bench. One Eobotham, imprisoned by the Court of Eequests for contempt, was released from the fleet and " comaunded by the Lord Cooke to bring his accion of false Imprisonment." ^ Even false swearing in this court received protection from the judicial bench. 'It was resolved by all the Justices of England in the Star Chamber (in 1607) in the case of one Paine of Middlesex who was sued there for perjury in the Court of Eequests . . . that this perjury was not punishable, for it is but a vain and idle oath & not a corrupt oath, because the Court of Eequests have nothing to do with nor can examine titles of land, which are real and are to be discuss'd & determin'd in the King's Courts. Quod nota.' ^
The cases of Prohibition discernible in the Law Eeports ^ show the Court of Eequests still endeavouring to assert itself, it can scarcely be doubted with the support of the high prerogative party, as late as 1640. In Michaelmas Term of that year, in the King's Bench, * Calmady prayed a Prohibition to the Court of Eequests, for that in an action of Trover for divers goods, after verdict and judgement in this Court (the K. B.) & affirmed in a writ of error, the defendant surmised matter of equity & that he was surprised in the trial & had not his witnesses there. . . . Whereupon a Prohibition was granted, and the Court resolved that so they would always do, whenever any exhibited bills were after verdict and judgement.' In view of prece- dents, especially that of Jenoar v. Alexander,'' heard in 1613, this was an audacious attempt at reaction. The very last case reported ^ is
' B. M. MSS. Add. 25248, fo. 48. * In the case of Jenoar v. Alexander in
- Paine's case. Mich. 5 Jac. B. R. the Common Pleas heard in M. T. 11 J. 1
Yelverton's Eeports, 3rd ed. (1735), i?. 111. (1(313), it was held 'that a Prohibition lies
Somewhat differently reported in Godbolt to a Court of Equity when the matter
(1652), p. 216, No. 308. It is perhaps hath been once determined by law.' See
with reference to this case that Coke also Austen v. Breerton, quoted in Cal-
denies that the punishment of perjury in mady's case, heard in 40 Eliz. (1598).
this Court by the statutes 33 H. 8, c. 9, and Godbolt's Rep. p. 208, No. 297.
5 Eliz. c. 9 thereby gives it jurisdiction of ^ Erom the various seventeenth-century
judicature. 1 Inst. iv. 9, fo. 98. reports I have collected the published
" Croke's Eeports, Car. i. p. 595. cases of prohibitions to the Court of
COURT OF REQUESTS xlv
that of White v. Grubbe, heard in the Common Pleas in Trinity Term, 17 Charles I (1641), in which a prohibition was granted to the Court of Requests because the case was ' in the nature of a debt upon account, of which a court of equity hath no jurisdiction, for by such means the king should lose his fine, the defendant should be put to another answer upon his oath, and which is above all, they would refer the merits of the cause to others and according to their certificates make a Decree, so that by this means they would create courts of equity without number.' '
Historians have been puzzled to account for the energy and persistence of the attack by the Common Law Judges upon the claims to jurisdiction of the Court of Requests. According to Sir r. Palgrave ^^ the Court of Requests was associated with the use of torture. This he believes to have been the real cause of the determined hostility of the judges, torture being unknown to English law.^ I have not come across any document showing tor- ture to have been part of the proceedings of the court, but there is evidence that persons occupying the position of Masters of Requests were present at the infliction of torture in cases where they were acting upon special commissions.'' On the other hand,
Eequests. Of these the principal, over take cognisance of all other inferior Courts,
and above those already dealt with, are as and to correct all errors and proceedings in
follows. In Wormleighton v. Hunter, them.' Croke's Eeports, iii. p. 345. In
heard in the Common Pleas in Hilary Jobbins' case, heard in the King's Bench
Term 11 James 1 (1614), a prohibition in Easter Term, 17 James 1 (161S)), ' prohi-
issued against a co-surety on a bond who bition was prayed to the Court of Eequests
had sought contribution from his co-surety for that Jobbins, admmistratrix, sues in
in the Court of Eequests. (Godbolt's that Court complaining that she had taken
Eeports, No. 338, p. 243.) In the same administration of her husband's goods,
term, and also in the Common Pleas, in thinking that he was out of debt, unless
the case of White and Moor, a defendant for small sums which he owed to labourers
in an action in the Common Pleas, after and that she had paid those debts and
judgement against him, ' exhibited an other the like and so administered the
English bill into the Court of Eequests to goods, and afterwards actions of debt upon
overthrow the judgement and to stay specialties were brought against her;
execution. Upon a motion for a prohibi- whereupon she prayed an injunction, and
tion, it was granted by the Court of had it ; & upon this matter a prohibition
Common Pleas, ' because the Plaintiffe was granted.' lb. p. 535.
there by practice did endeavour to subvert ' March's Eeports (2nd ed. 1675), p. 102.
a judgement given at the Common Law ' In the preceding year a prohibition had
(ib. No. 340, p. 244). In Penson v. Cart- been granted by the Common Pleas to the
Wright, heard in Easter Term 12 James 1 Court of Eequests in a case of account
(1616), in the King's Bench, prohibition between two executors for an unlawful
was prayed to the Court of Eequests ' for sequestration of lands. Ib. p. 99.
that they there intermedled and would - Sir F. Palgrave, 'Essay on the Authority
determine matters of legacies. And it was of the King's Council,' p. 100.
held by the whole Court, that if they of ^ Fortescue De Laudibus, c. 22. Coke
the Court of Eequests ought not to hold Inst. ii. 48.
plea thereof, this Court (notwithstanding •" Jardine goes so far as to say that ' f rom
itself cannot hold plea thereof) may well the earher instances of torture mentioned
prohibit that and other courts from holding (by him), it seems to have been considered
plea of such things, for this Court is to necessary that one of the Masters of Ee-
xlvi COURT OF REQUESTS
it is difficult to believe that judges v^ho could pronounce and even, like Coke, descant approvingly upon the horrible infliction of the peine forte et dure, would have ventured to brave the disfavour of the court ^ on account of an incident which, while it must have been rare, if indeed it ever occurred in the Court of Eequests, was too familiarly employed by the Council to have provoked an overwhelming repugnance. There is another and much more commonplace reason suggested by an inspection of the Court of Requests' books of Orders and Decrees. To judge from the extraordinary volume and multiplicity of its business the Court of Eequests in the time of EHzabeth was a great success. I have been at the pains of counting the number of its orders, apart from decrees, during the month of November, 37 Elizabeth (1594) . The volume (18) and the term were selected at random, except as belonging to the years when the conflict was in full vigour. The court sat twenty- three days, and made 336 orders, an average of over 14 orders a day. I am not aware from what sources, after the fall of Calais, the salaries of the Common Law judges were paid, but it is highly probable that, like many other officials, they were largely dependent upon fees, and that these fees were numerous and exorbitant. It may also well be that the tendency to refine pleadings and multiply distinctions which for two centuries and a half later accompanied the developement of English law drove suitors to the more intelligible and cheaper ^ procedure of the Court of Eequests. Some strong inducement must have been at work inviting litigants to fill its cause lists. And after the Courts of Common Law had done their worst, by impugning its authority and invalidating its decisions, the Court of Eequests could still produce its crowded volumes of Orders and Decrees as evidences of its popularit} and as justification of its continued existence.
quests should be present at examinations 'Ath. Cant.' i. 435).
by torture ... in order that the rules pre- ' In Croke's Reports (Car. I.) Calmady's
scribed by the civil law for the management case, M. T. 16 Car. I. (1640), in the K. B.
of such examinations should be duly ob- occurs the following passage. ' In 40 Eliz.
served.' This statement is scarcely justi- in this court (Q. B.), Austin v. Breerton
fied, seeing that there are only two examples (3 Leon. 229) in an action & judgement
in the warrants printed by him, one of them for the plaintiff, the defendant sued in the
dated September 15, 1571, directed to Sir Court of Eequests to be relieved. This
Thomas Smyth and Dr. Wilson, ' one of the court upon examination did bail the party,
Masters of our Eequestes,' the other dated and Sir Thomas Gawdy was convented
June 16 of the same year, to ' one of the before the Queen for it ; yet, notwith-
Masters of Eequests ' and two others (D. standing, it was held good enough, and
Jardine, ' On the Use of Torture ' (1837), Breerton was inforced to satisfy the said
pp.64, 78). It is said that Dr. Thomas judgement.' Sir T. Gawdy became a justice
Wilson, who was actively engaged in the of the Q.B. in 1574 and died 1589. ' Diet,
examination of prisoners implicated with Nat. Biog.'
the Duke of Norfolk, ' actually resided for ^ See the complaint at the beginning of
a time in what he terms the Bloody Tower, Append. G, p. xcvi, infra, in order to facilitate his operations ' (Cooper,
COURT OF REQUESTS xlvii
5. The Decline and Fall of the Court of Requests.
In his history of the Court of Chancery Spence affirms that ' this court continued to be resorted to down to the 41st Ehzabeth when it ceased to exist, having been virtually abolished by a decision of the Queen's Bench.' Palgrave, though less explicitly, convej's the same impression.^ This is an example of the mistakes which may be made by writing down as history the natural inferences of minds steeped in the constitutionalist prepossessions of a later age. The review of the cases of Prohibition which has just been made, to say nothing of the Order Books of the Court itself, proves this statement to be wholly erroneous. The Caroline judges were more subservient than those of Elizabeth, and with the growth of the party of high prerogative the language employed by the Common Law Courts of the Court of Eequests had manifestly abated in vigour.'^ The Court of Bequests not only maintained its existence, but flourished exceedingly. With the accession of the Earl of Manchester^ to the office of Lord Privy Seal in 1627 a new spirit was infused into it. It was no longer necessary, as it had been twenty years before, for the well-wishers of the Court humbly to suggest to the nominal chief judge of the Court that he should ' grace and honour the Court sometymes with his presence, especially at the hearing of the principall causes.' ^ The Lord Privy Seal, reviving the precedents of Henry VII, habitually took his seat as president of the Court. There were some who scoffed both at the Court and its president,'' but the crowded order books attest its general popularity. Even cases affecting the interests of the Church began to find their way into the Court, until Charles I., doubtless at the instance of the hierarchy, forbade it to take cognisance
' History of the Equitable Jurisdiction the last Lord Privy Seal of the reign,
of the Court of Chancery, i. p. 352. Essay ' Diet. Nat. Biog.'
upon the original authority of the King's ^ See the letter to Lord Northampton,
Council, p. 99. App. G, p. xcvi, infra.
- Even Coke, after declaring it to be ^ S. P. Domestic Charles I. (1034-3.i), unconstitutional, does not advocate its Sept. 2.5, 1635. 'Henry earl of Manchester abolition ; only its regulation by constitu- to Secretary Windebank. The Secretary tional authority. His conclusion is, ' And is let to know that at a public meeting at although the law be such as we have set Hatfield, co. Hertford, in presence of all down, yet in respect of the continuance the gentlemen there, it being in debate that it hath had by permission and of the how particular men should be rated for the number of decrees therein had, it were ship-money, Mr. Taverner, the man whom worthy of the wisdome of a parliament heretofore they had in question at the both for the establishment of things for Council Table, scornfully said, if any men the time past and for some certaine pro- were unequally rated, the Court of Requests vision with reasonable limitations (if so it was a tit court to relieve him in, as being a shall be thought convenient to that high court of such business. And being re- court) for the time to come : et sic liberavi proved for his terms, as not fit for him to animam meam.' Inst. iv. 9, 98. deride that court, nor the lord who sat
^ Henry Montagu. He was appointed there, answered, None should be his school- to this office on June 30, 1627, and was master.'
xlviii COURT OF REQUESTS
of them.' There was evident ground for the statement of Clarendon that ' the earl of Manchester, the Lord Privy Seal, had raised the Court of Eequests to as much husiness as the Chancery itself was possessed of.' ^
Blackstone,^ with more caution or more knowledge than Spence, affirms that the Court of Eequests was ' virtually abolished ' by the statute 16 Charles I, cap. 10. This passed in 1640. It is intituled ' An Act for the Eegulating the Privie Councell and for taking away the Court commonly called the Star Chamber.' The first section abolishes the Star Chamber. By the second, the like jurisdiction of the Courts of the Presidents and Councils of the Marches of Wales and of the North, of the Court of the Duchy of Lancaster and of the Court of Exchequer of the County Palatine of Chester was taken away. No mention is made of the Court of Eequests as such. Blackstone, however, evidently regards it as covered by the words of sections 1 and 3 following : ' And forasmuch as the Councell Table hath of late times assumed unto it selfe a power to intermedle in Civill causes and matters onely of private interest betweene party and party and have adventured to determine of the Estates and Liberties of the Subject contrary to the Law of the Land and the Eights and Priviledges of the Subject by which great and manifold mischeifes and incon- veniences have arisen and happened and much incertainty by meanes of such proceedings hath beene conceived concerning Mens Eights and Estates For setling whereof and preventing the like in time to come ... Be it likewise declared and Enacted by Authoritie of this present Parliament That neither his Majestie nor his Privie Councell have or ought to have any Jurisdiction power or authority by English Bill Petition Articles Libell or any other arbitrary way whatsoever to examine or drawe into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any of the Subjects of this Kingdome But that the same ought to be tried and determined in the ordinary Courts of Justice and by the ordinary course of the Law.' Heavy penalties were laid against great officers of State and others offending against the Act, and every person committed
' S. P. Dom. Charles I. (1638-39), Dec. 80, His Majesty knowledge thereof and moving 1638. ' Secretary Coke to the Masters of Ee- for a reference therein either to the Metro- quests. His Majesty has taken notice of pe- politan or the Diocesan to whose cognisance titions passed by you which concerned it may belong.'
Church causes, wherein for want of informa- - Quoted by H. W. Seton, ' Early Records
lion from those prelates whom the causes in Equity ' (privately printed), Calcutta,
concerned, things have passed to the preju- 1842, p. 18. The editor has not been able
dice of the Church. You are hereafter to to verify the reference to Clarendon,
present no petition concerning business ^ Commentaries, 1st ed. 1768, Bk. III.
reflecting upon the Church without giving ch. iv. p. 50.
COURT Of requests
xlix
contrary to the A.ct was entitled ' without delay upon any pretence whatsoever ' to have a Habeas Corpus.
It has been remarked that in this statute the Court of Eequests is not so much as mentioned. In the next place, assuming it to be aimed at in the words ' English Bill ' ' and ' Petition,' both of which specially appHed to the Court of Eequests, the direction of the assault is entirely changed from that of half a century before. The resolutions of the judges which have already been quoted ^ treated the Court of Eequests as a new tribunal, and carefully abstained from entering upon the debateable and dangerous ground of the legal jurisdiction of the Privy Council. But undoubtedly the real objective of the Act of 1640 was the tyrannical and odious Star Chamber, on which the acting Council, by whatever name it might be styled, never relaxed its grasp. A Bill to abolish the Star Chamber therefore necessarily took the form of a regulation of the powers of the Privy Council, and since both the preamble and the operative part of the Act applied to the procedure alike of the Star Chamber and of the Privy Council,^ quite outside the Court of Eequests, it is an arguable point whether the Court of Eequests was within its purview. That this was the opinion entertained by the law officers of the Crown may perhaps be inferred from the fact that while the Star Chamber was abolished de facto as well as de jure, the Court of Eequests maintained its activity without, so far as I have been able to discover, any attempt to enforce the Act against it.
' It should be mentioned that the pre- amble of this Act, after the Great Charter and various other statutes, recites the 36 E. 3. c. 15 ' That all pleas which shall be pleaded in any courts before any the king's Justices or in his other places or be- fore any of his other ministers . . . shall be entered and inrolled in Latine.' It will have been observed that the oflHcial en- dorsements and sometimes the orders of the Court of Eequests conformed with the law in this respect. The statute of Edward 3 spe- cially provided that the conduct of the trial should be in English.
- Pp. xl, xliv, supra.
•' It must be remembered that the Council had always retained its judicial functions, quite irrespective either of the Star Chamber or of the Court of Eequests. The justification of this was that it afforded a resort to those who could not otherwise obtain justice. This is well brought out in the memorandum by Sir John Herbert, who had been a Master of Eequests, when made Secretary of State in 1600 (see Append. F, p. xcv). By this means the sovereign had frequent opportunities of
intervening in the private affairs of the aristocracy, while ' the poorer sort ' who approached the Council were directed to the Masters of Eequests. An instructive example of the inter-connexion between the Privy Council, when acting as a judicial tribunal, and the Court of Eequests occurs in a letter of June 28, 1.592, from Henry Lord Hunsdon & Thomas Lord Buckhurst to the Masters of Eequests, asking, as commissioned by the Privy Council to hear a cause, for some depositions which had been taken in the Court of Eequests. On this Sir John Herbert and Sir J. Cssar note that as the Privy Council are members of Her Majesty's Council appointed for private suits and requests, they think their lordships may command the clerk of the Privy Seal appointed to keep the records of the Council to appear and to bring with him such depositions as they think neces- sary.' The Domestic State Papers contain numerous cases in which the king and the Privy Council entertain private suits. Cp. S. P. Dom. Addenda, 1580-1625, May 6, 1589, p. 268 ; p. 491, 1C06 (?). S. P. Dom. Car. L 1637, p. 18i, June 3, 1637.
1 COURT OF REQUESTS
, The last two of the vohimes of Orders and Decrees are numbered 102 and 103. Of these vohime 102 is fragmentary. It begins with 28 April, 18 Charles I (16-42), The folio which should continue an order made on the 17th of May of the same year is missing. An examination of the contents of the volume discloses the crowded con- dition of the cause list at this period. I have counted 556 orders made, being all contained in what remains of this volume between the 28th April and 17th May, 1612, about sixteen days' sittings. This is pretty well for a Court which according to Blackstone had been * virtually abolished ' two years before, and according to Spence had ceased to exist for nearly half a century ! The names of the judges I)resent are entered at the head of each day's sittings. They vary in number, being sometimes two, sometimes three, occasionally four. But the conspicuous industry of the Lord Privy Seal stands recorded as justifj'ing the encomium of Clarendon. At no one of these sittings did he fail to preside. In the volume of Orders for Trinity Term, 18 Charles I (1642), which is the latest of the entire number, the press of busmess appears to have continued the same. Here, however, and it is probably a sign of the troubles of the times, we find one Master ' sitting. In this volume, which is also frag- mentary, the latest entry, upon a loose leaf, is Wednesday, 17th July (1642). This was little more than five weeks before the outbreak of the Civil War by the assemblage of the royal forces at Nottingham. The cause, therefore, of the disappearance of the Court of Requests must be sought elsewhere than as has hitherto been done, in the Act of 1640. Among the public, with whom the ' ungodly jumble' of the law had become a by- word, the Court of Requests probably had more friends than foes. No doubt it was regarded with disfavour by the judicial bench and viewed with suspicion by those who, irritated by the constant encroachments of the prerogative, discerned in it a possible engine of tyraniiy. But, after ah, this dislike and distrust had not been sufficiently active or influential to secure its inclusion among the other courts expressly mentioned in the statute. Expressio unius est exclusio alterius.'^ Had it been seriously in contemplation to abolish this court, three words would have done it. I am inclined to infer that but for the Civil W^ar the court would have continued to flourish. But with the withdrawal of the Privy Setil, under which its process issued, it lost its legal machinery. Its Masters, too, were naturally attached to the royalist party. One of them, Sir Thomas Eyves, was
' E.g. on 22 and 23 June Thomas Aylisbury ; on 25 June ' Doctor Mason.' - Coke upoa Littleton, 210a.
COURT OF REQUESTS H
knighted by Charles I for his services in the field ; another, Sir Thomas Aylisbury, the father-in-law of Clarendon, died in exile at Antwerp. Neither Parliament nor the Protector was disposed to revive the creation of an unconstitutional exercise of prerogative. The Court of Bequests was not abolished. It died a natural death. It is true that under the Protectorate we find mention of officials designated by the familiar title of Masters of Bequests. It is, however, evident that these were employed not in deciding matters in litigation, but in investigating petitions for personal satisfactions. Such, no doubt, had been the function of Sir John Winter, Secretary and Master of Bequests to the Queen, whose salary was fixed at the liberal sum of £200 per annum, double that of the Masters of Bequests in Ordinary.' We find, for example, a petition from Margaret, Countess of Worcester,^ to the Protector, to which Mr. Lisle Long, Master of Bequests, returns answer that his Highness is informed she is not in want.^ In 1G55 " Mr. Bacon, his Highness Master of Bequests, attending at the door and being called in, delivered by his Highness's order several petitions about prisoners referred to Council."* On 2nd October of the same year John Sadler and Nathaniel Bacon, Masters of Bequests, were appointed with other judges upon a commission to inquire into an alleged grievance of the inhabitants of Guernsey,'^ & Jersey.'' The salary awarded to Nathaniel and Francis Bacon, Masters of Bequests, was fixed in 1656 at the rate of £500 per annum each,'' which clearly points to the former emoluments of the office as consisting for the most part of fees.
It is evident that with the Bestoration some expectation was afloat of a revival of the Court of Bequests. Petitions are found in the State Papers for appointments as Masters of Bequests, or for confirmation of appointments alleged to have been made, presumably during the Civil War or by Charles II in exile.^ The four Masterships of Bequests in Ordinary were immediately filled up, and qualified candi- dates for the office of Master Extraordinary were still forthcoming.^ In 1662 an Order in Council was made, upon a petition of the Masters of Bequests, that they should be allowed to sit in the Chapel Boyal, as
■ S. P. Dom. Charles I. 1637-38, May 11, ^ S. P. Dom. April 27, 1654.
1638, p. 428. ^ lb. 1G55, p. 340.
" Daughter of Henry O'Brien, Earl of ^ lb. Oct. 2, 1655, p. 363.
Thomond, and second wife of Edward So- " lb. July 15, 1656, p. 19.
nierset, second marquis of Worcester. Ap- ' lb. Dec. 2, 1656, p. 182.
parently she styled herself countess to dis- ' S. P. Dom. Charles II. May (?), 1660,
arm hostility, her husband's father having pp. Ill, 113.
been created marquis by Charles 1 at Ox- " June (?), 1660, S. P. Dom. Charles II.
ford, on 2 Nov. 1642 for his military services p. 10,6. against the Parliament.
lii
COURT OF REQUESTS
formerly, below the King and his Council, but in the same seat.^ They, no doubt, found ample occupation in dealing with the petitions of those whose sufferings and services during the Civil War had entitled them to some compensation at the hands of the restored sovereign,^ a subor- dinate branch of their traditional functions.^ As judges their glory had departed. Charles II was too well advised to imperil a yet unsettled throne by an exercise of prerogative which would have excited lively apprehension throughout the country. If, it would have been asked, the King despite the decisions of the judges of Elizabeth and in the face of the Act of 1640 could re-establish the Court of Eequests, then why not the Star Chamber ? The Masters of Eequests, therefore, were forced to content themselves with the humdrum but constitutional round of duties of which a specimen is to be seen in the appendix."*
6. The Books of the Court of Bequests.
For the period prior to the accession of Elizabeth, within which the present selection of cases is confined, there are eight volumes of Orders and Decrees made in the Court of Eequests and two of Orders, Decrees, and Appearances. In a list at the Public Eecord Office, printed in 1881, they are classified as follows : —
|
fumber. |
Nature of Book. |
Date. |
Remarks. |
|
1 |
Orders and Decrees. |
8-14 H. 7 |
|
|
2 |
14-17 H. 7 |
||
|
3 |
„ |
17-23 H. 7 |
Bad condition. |
|
4 |
,, |
7-11 H. 8 |
Much decayed. |
|
5 |
J) |
14-25 H. 8 |
|
|
6 |
30 H. 8 & 1 E. G |
||
|
7 |
,, |
32-37 H. 8 |
Much decayed. |
|
8 |
" |
38 H. 8, 6 E. 6, & 1 & 2 P. & M. |
|
|
9 |
Orders, Decrees, and |
||
|
Appearances. |
6 E. 6 & 1 & 2 P. & M. |
||
|
10 |
ji |
2 & 3 & 4 & 5, P. |
|
|
&M. |
Much decayed. |
||
|
There |
are 208 volumes in |
all, the latest goinj |
y down to Trinity |
Term, 18 Charles I, 1642. It will be observed that there are three unfortunate gaps in the reign of Henry VIII, viz. 1509-15, 1521-23, and 1533-39. In the reign of Edward VI they extend from 1547 to 1553. There are no volumes for 1 and 2 Mary (July 19, 1553, to July 24, 1554), nor for 3 and 4 Philip and Mary (July 25, 1556, to
' S P. Dom. Charles II. Aug. 3, 1662, p. 453.
2 July 25, 1666. Order in Council that the Secretaries of State and Masters of Eequests are henceforward to bestow no
almsmen's places in the King's donation, except on those maimed in his service at sea. lb. p. 575. ' See p. xcii, infra.
' Append. I, p. c, infra.
COURT OF REQUESTS liil
July 5, 1557), nor for 5 and 6 Philip and Mary (July 25, 1558, to November 17, 1558). Notwithstanding the existence of three volumes of Orders, &c., belonging to the reign of Henry VII, the number of cases recorded in this period which have survived is exceedingly small. This indicates an early carelessness of records aggravated, doubtless, by the itinerant habits of the Court. At a later period, after the accession of Elizabeth, a system was introduced of entering the pro- ceedings in draft books, which were afterwards written up into volumes kept with perfect method and neatness. Many of these later volumes, however, have been hopelessly injured by accident and decay. It remains to add that the documents of the Court are still in a chaotic confusion. They have been roughly sorted out for the purpose of cataloguing the names of the parties to the suits, the dates, and the subject matter of dispute. But as the pleadings have very frequently become separated, and the documents number thousands, it has been impossible for the editor in many cases to recover the whole of them, though it is not improbable that they exist, perhaps mixed up with the papers of other suits. It is much to be desired that a systematic re-sorting of them should be undertaken, and that the whole of the documents belonging to each suit should be collected together and catalogued anew.
7. Other Courts of Requests.
Besides the King's Court of Piequests, or the Court of Whitehall, there w^as established in the City of London by an Act of Common Council, another Court of Bequests ' commonlie called the Court of Conscience in the Guild Hall.' The date of its establishment was February 1, 9 Henry VIII (1518).^ This was, therefore, probably one of the courts which owed its origin to Cardinal Wolsey.^ Its jurisdiction extended to small debts, the maximum being 40s., in dispute between citizens and tradesmen of London. Its judges were ' two aldermen & foure ancient discreete commoners.' ^ Origi- nally established as an experiment, to last for two years, * as it proved a success its existence was maintained. In the time of James I, however, which was an age of legal chicane, it was found that creditors or their attorneys, for the sake of multiplying costs, pre- ferred to sue in the courts of Westminster. The statute 1 James I,
' Recital of the preamble of 1 James I, of poore Debtors in London.'
c. 14. < EepealedbyS Jamesl.c. 15(lG06)('An
- See p. xiv, supra. Acte for the recovering of Small Debtes and
^ Preamble of 1 James 1, c. 14, ' An Acte for the relieving of poore Debtors in Lon-
forEecoverie of Small Debtes and relievinge don '), which substituted fresh regulations.
liv COURT OF REQUESTS
c. 14 (1604) was passed to stop this practice, and was the first Act of Parliament giving legal vaHdity to a Court of Requests. But no similar court was originally established by statute prior to 1 William and Mary, session 1, c. 18, which founded ' courts of conscience ' for Gloucester and Bristol. • It does not, however, appear that this Act ventured to revive the ancient title. By 22 George II, c. 47, this was done on the establishment of a Small Debt Court for Southwark, under the style of ' The Court of Requests for the town & borough of Southwark.'-^ 'A Court of Requests for the City and Liberty of Westminster ' was authorised in the following year ^ and a number of similar courts were subsequently estabhshed in various parts of the country." At a later date the name was borrowed by the East India Company, which established Courts of Request in each of the three Presidencies.
8. Observations on the Cases.
The core of this volume is to be found in the four cases touching the tenure of land. They are ' The Inhabitants of Burnam, Somerset, V. Fynes ' (p. 62), 'Kent and others v. Seyntjohn ' (p. 64), 'Foreacre and others v. Frauncys' (p. 101), and ' The Inhabitants of Whitby v. York' (p. 198). These cases present various aspects of the great agricultural revolution that set in towards the close of the Wars of the Roses and increased in force during the reign of Henry VIII. Accompanying this revolution, the economic causes of which are not for discussion here, a great change took place in the relations of land- lord and tenant. The landlords, whose rapacity was whetted by the passion for extravagance which accompanied the accession of Henry VIII,-' endeavoured to extend their territorial rights. Where their tenants held at will at common law, as was the case with the large class who were originally 'bondmen in blood,' occupying lands on the demesne,'^ they evicted them and drove them into the towns. Where their tenants held by custom or copy they had resort, as
• ' An act for erecting Courts of Con- ' Cf. S. P. Dom. H. 8, iv. 5750. p. 2560.
science in the cities of Bristol & Gloucester ' We have put so importable charges to
& the Liberties thereof.' I have not been the noblemen in the king's name, what
able to find a copy of this Act, of which an in his wars & what in his triumphings,
abridgement is printed in J. D. T. Pratt, that some have been constrained to mort-
' Abstract of the printed Acts of Parliament gage their land, some to sell it outright,
for the establishment of Courts of Requests some to obtain the king's letters to go
in England & Wales ' (1824) p. 11. a-begging in the realm ' (Lord Darcy's
- Pratt, p. 18. ' Remembrances ' against Wolsey).
3 lb. 33. " See ' Trans. R. Hist. Soc' 1892, pp.
■• See Pratt's Abstract ; also J. D. Keane, 196-9, by the writer. ' Courts of Requests,' 3rd ed. (^London) 1845.
COURT OF REQUESTS Iv
will be seen in these pages, to legal chicane. On the other hand, the tenants opposed a stout resistance and found support in the royal prerogative. The policy of Henry VII had been to play off the official class against the hereditary nobles,^ and though he passed the Act of 1489^ with the object of restraining inclosure, a search of the Exchequer Rolls reveals that he allowed it to remain inoperative. The new policy of relying on the people against the aristocracy was the creation of Wolsey, and the first eminent example of it was the fall of the most tyrannical territorial magnate of his day, Edward Stafford, Duke of Buckingham.-'' To the support of this policy the Court of Requests and the Star Chamber were alike invoked— the Court of Requests in purely civil issues, the Star Chamber where broils and violence had accompanied the progress of the changes known to the advanced agriculturists of the day as ' approvement,' ' improvement,' or ' sur- veying.' The process of these tribunals was summary, simple, honest, and cheap, as contrasted with a common law procedure which was dilatory, complex, frequently corrupt, and consequently expensive. The common law courts also, at their best, had a natural leaning to the landlords' side. It was from the landed aristocracy that the judges sprang, and the juries, as the pleadings in this volume some- times disclose, were alive to the consequences of a verdict against powerful neighbours. Sensible of the force of these accumulated pre- possessions against their interest, the tenantry instinctively threw themselves upon the Crown.^ They confronted their ojDpressors with stubborn resistance and made common cause of their imperilled interests. The time, no doubt, had arrived for a substitution for the elasticity of traditionary tenures of the exact definitions of law ; but the support which the tenantry received from these extraordinary tribunals must undoubtedly have aided them in modifying, in a direction favour- able to their claims, the new relations which were the outcome of the conflict.
At the very time when the social conflagration involved in these changes was at its height, fresh fuel was thrown into the flames by the dissolution of the religious houses. This being followed within a few years by alterations in the value of the precious metals, a visionary
• ' He kept a strait hand on his nobility of Tonnes ').
and chose rather to advance clergymen and ^ See ' Trans. K. Hist. Soc' 1892, p. 189.
lawyers, which were more obsequious to See also p. Ixix, n. 3, infra,
him but had less interest in the people.' ^ ' Never did any government strain the
F. Bacon, ' Hist, of Henry VII.' (Ellis and legislation more resolutely in their [the
Spedding's ed.), vi. 242. labouring classes] favour.' Froude, 'Hist.
- 4 H. 7, c. 19 ('Agaynst pullyng down Eng.' ii. 449.
Ivi COUET OF REQUESTS
regret for the lower rents and prices ' of a previous economic condition attached itself to the reruiniscence of the ancient ecclesiastical land- lords.^ As a matter of fact, at a time when the progress of the agri- cultural revolution had become of sufficient importance to arrest the attention of the Government and had led to the Inclosure Commission of 1517, but w^h en prices were stationary or falling, the ecclesiastical landlords, if tliej^ had not been worse, had not been on the whole perceptibly better than their lay neighbours.^ But both classes of land- lords alike exhibited remarkable anomalies in the value assigned by them to their land ;^ for uniformity in rents, as in prices, is less to be looked for in a mediteval civilisation than under those modern facilities of transport and intercourse which extend the horizon both of landlord and tenant. Under any circumstances, therefore, the transfer from eccle- siastical to lay owners, or even from one class of lay owners to another, would be accompanied in individual instances by enhancement of rents or more rigorous insistence upon proprietary rights.* As actually happened, the transfer occurred at a moment when the impoverish- ment of the landlords by foreign wars, taxation, and extravagance, and the enrichment of the commercial classes in a period of internal peace, had created a new order of men whose instinct was to become posses- sors of land and to treat their acquisitions not simply as an accession of feudal dignity but as an investment to be made remunerative.*^
' ' The worlde is chaunged from that it Ever more and more encroachynge
hathe beene After tliey had spoyled gentill men
Not to the bettre but to the warsse farre ; They undermyned husbande men,
More for a penye wee haue before seene In this manner them robbynge : —
Then nowe for fowre pense, whoe list to Wheare a farme for xx li. was sett
compare. Under xxx they wolde not it lett
Eaysynge it up on so hye a some
A Eent to reyse from twentie to fiftie That many a goode husholder
Of Powndis (I meare) or shealingis whither: Constrayned to geve his farme over
Fynynge for the same vnreasonablye To extreme beggary did come.'
Sixe tymes the Eent : add this togither ■* See the table in ' Domesday of In-
Muste not the same great Dearthe bringe closure?,' i. 66.
hither?' — Sir W. Forrest, 'Pleasaunte ^ In some eases the raising of rents by
Poesye' (1-548), E.E.T.S. 1878, p. xcv. the new owners was by way of eiiuivalent
- ' And yet where the cloysters kept for the remission of services exacted by
hospitality, let out their fermes at a reason- the monasteries. See the petition to
able pryce, noryshed schools, brought vp Cromwell of the tenants of Over and
youth in good lettos, they (the new land- Weverham, in the manor of Yale Eoyal,
owTiers) did none of all these things.' T. Cheshire. S. P. Dom. H. 8, xiii. ii. 1199.
Becon, ' Jewel of Joy,' ib. p. Ixxvii. •* In l-53o Cromwell was contemiDlating
^ See 'The Domesday of Inclosures ' of an Act ' that merchants shall employ their 1517 and 1518 (1897), i. 65, edited by the goods continually in traffic and not in pur- writer. See also W. Eoy's ' Satire against chasing lands . . . and that no merchant Card. Wolsey ' (' Harl. Misc.' 1812, ix. 1). shall purchase more than i'40 lands by the ' Eede me and be nott wrothe year ' (S. P. Dom. H. 8, ix. 725, ii.). ' Wor- For I saye no thynge but trothe.' shipful men taking of farms ' was alleged as P. 64 : one of the causes of the Northern rebellion
' The abbeys then, full of covetyse of 1537 (ib. xii. 392). Whom possessions could not suiiyse
COURT OF TvEQUESTS
Ivii
Of such a class was Sir John York, whose dealings with his tenants at Whitby furnish us with one of those rare desiderata,' a statistical account of the changes over which we read so many unsatis- factorily vague lamentations. And though indeed, in point of time, York's particular instance can have supplied no example to two other defendants, Fynes and Seyntjohn, it is quite evident from their cases that the new spirit had infected the country gentry.- The last- mentioned case further discloses an attempt on the part of a religious house to anticipate dissolution, and at the same time, hy an increasing liberality of administration, to increase its popularity with its dependents. In so doing the Abbot of Eamsey emulated the example of many of his brethren who foresaw a struggle between the clergy and the Crown.-"* The case of the Inhabitants of Burnam (Somerset) v. Eichard lynes (p. 62) turns back the page of manorial history and shows the gradual development of copyholders' rights. At some time before the memory of man, as the legal formula phrases it, the manor had been, as usual, divided into three parts: the land in demesne; the land in villenage, or customary land ; and the wastes or uncultivated land. On the land in demesne were tenements which went by the name of ' old astre,''*that is, probably, small garden plots originally occupied by the bondmen of blood who cultivated the lord's ' bordland ' round his house.^ In com'se of time, by processes which I have traced elsewhere,'' these bondmen had acquired an interest in their holdings, and, subject
' ' Too reyse his Eent alas it needethe not, Or fyne texacte for tenure of the same Fowrefold double, it is a shrewde lot To the greate hynderaunces of some
menne's name I knowe this to be true.' Sir W. Forrest, ' Pleasaunte Poesye,' p. xcv. Cf. Latimer, ' Sermons ' (Parker Society), p. 99 : ' That here before went for twenty or forty pounds by year . . . now is let for fifty or a hundred pounds a year.'
'■^ ' I confesse that sume of vs that had landes given vs by the kinges highnes that belonged heretofore to Abbayes and priories and were neuer surueyhed to the vttermost before, or otherwise descended vnto vs, haue enhanced [manye] of them aboue the old rentes ; yet all that amounteth not to half the landes of the llealme.' The Knight in ' The Commonweal of this Piealm of England ' (ed. E. Lamond, 1893), p. 39.
3 S. P. Dom. H. 8, XIII. ii. 352. Sir Eic. Lyster to Cromwell : ' The monastery of Eonisey, hearing they are in danger of suppression, are making leases and aliena- ting their goods' (September 15, 1538) (cf. ib. ix. 808, x. 164 ; ib. xiii. i. 573).
Cromwell to the Abbot of : ' The
wilful waste and spoil that has lately been made in many Abbeys, as though the governors of them minded only their own dissolution ' (ib. xiri. ii. 528, 2). John P'reman to Cromwell : ' They leave neither demesnes unlet nor honest stuff in their houses ' (ib. 527). John Gostwyk to Cromwell : ' The warden (of the Grey Friars in Bedford) had sold his house the Sunday before for £40 to Sir John Seynt John ' (October 3, 1538) (cf. ib. 1153). The gentry, it is but fair to say, were equally eager for a transaction. On March 27, 153G, the Prior of Bridlington wrote to Cromwell : ' We are much troubled by gentlemen in our county for the denial of such farms as we may not forego ease- fully ' (ib. X. 501 ; cf. ib. 164, ix. 808, xiii. i. 101, 102). The sharp practices of the monks have been passed over by the learned apologist of the monasteries, Dr. F. A. Gasquet.
* See p. 63, n. 1, infra.
' In the case of Foreacre v. Frauncys ' le olde Court place ' is old astre. Cf. p. 166, infra.
' ' Trans. B. Hist. Soc' 1892, pp. 196-206.
Iviii COURT OF IJEQrESTS
to the services or rent reserved to the lords, occupied their time in cultivation for their own benefit. When, however, they had ceased to be household dependents of the lord ' the ' old astre ' became insufficient for their maintenance,"^ and they received from the wastes of the manor a supplementary grant of ' overland '^ to be held with it. According to the complainants, Fynes, ' for a singuler lucre & proffitte to him selfe & to one or towe more,' had resumed the overland and evicted the tenants. Unfortunately we are without the statement of defence, but it may be surmised that it was based upon the averment that the land, being part of the lord's waste,'* was held at will at common law,' and was not customary*^ land. In that case the act of the defendant's father could not have converted it from its primitive legal character. The law, as it stood in the sixteenth century, is explicitly laid down in an Act of Parliament " passed in the interests of the tenants for deal- ing with a similar case. The Duke of Somerset had let his * demeane landes barton landes overlandes or horde landes,' by copies of Court rolls drafted upon the precedents of those in force upon the respective manors ; ' whereas of truethe noe custome or asage can or maye by the lawes of this Eealme be annexed or knytt to any meases landes tene- mentes or hereditamentes letten or to be letten by coppje of Courte Eolle to anye person or persons, albey t these words " secundum consuetudinem manerii " be rehersed and expressed in the saide Courte Eolle or coppie thereof had or made, excepte that the same meases landes tenementes or other hereditamentes so letten be old Customarie or Coppiholde Landes and have byne used by all the tyme whereof memorye of man ys not to the contrarie to be letten or demysed by coppye of Court rolle or other wise at the will of the Lorde accordinge unto the custome of the said Honnor or Manner ; And for that cause, such and those leases demyses and grauntes made or to be made for terme of lyfe or lyves by coppye of Courte Eolle of demeane or barton landes or other the said landes, and not being old Customarie or Coppieholde Landes, nor havinge any lyverey or season of the same, byne by the lawes of this Eealme of noe better force then leases made or to be made onlye
' See 'The Last Days of Bondage in Eng- caused the cultivation after the establish-
land,' L. Q. E. 1893, pp. 35'2-3, by the writer. ment of the doctrine that the wastes were
- P. 63, infra. ' The old astres be but the lord's demesne.
small holdinges & be not sutiicient to ^ See C. J. Elton, ' A Treatise on Com-
mainteyn a plow & to here & sustein the mons and Waste Lands ' (1868), p. 216.
charges of the occupiers & tenauntes of the ' Trans. E. Hist. Soc' (1892), pp. 251-7. See
same without the sayd ouerland,' &c. also the form of admission, on p. 146, infra.
^ Cf. p. 10.5, n. .5, infra. "^ Cf. p. 105, n. 5, infra.
■* Observe that in Foreacre v. Frauncys ' 2 & 3 Ed. 6, c. 12 (1548), ' An Acte for
(p. 163) land ' ex antiqua tenura ' is dis- the assuraunce to the Tenauntes of Grauntts
tinguished from land ' ex dominicis,' of and Leases made of the Duke of Somer-
which the growth of population probably settes demene Landes.'
COURT OF REQUESTS lix
for and duringe the will and pleasure of the leassors and grauntors thereof, at and by the common lawe.'
From a legal pomt of view, the less oppressive action attributed to the defendant Fynes of excluding copyholders and freeholders from the ' greate waste grownde or common called the brode AVarthe,' was the more serious. It is to some extent in his favour that, so far as appears by this petition, none of the freeholders alleged to have been aggrieved sought legal redress. Their rights were protected by the Statute of Merton, by which the lord inclosing the wastes was bound to leave them pasture sufficient, together with free ingress and regress.' But it was not until the time of Elizabeth ^ that the Statute of Merton was held to apply to copyholders. Copyholders were, however, allowed to claim common against the lord by custom,^ and this is the foundation of the plaintiffs' case here. The dispute shows the progress of the economic movement and illustrates its contemporary description by Fitzherbert. ' And so it was of old tyme that all the landes, medowes and pastures lay open and vnclosed. And than was theyr tenementes moche better cheape than they be nowe, for the mooste parte of the lordes have enclosed their demeyn landes and medowes, and kepe them in seueraltie, so that theyr tenauntes haue no commyn with them therin. And also the lordes haue inclosed a great parte of theyr waste groundes and streytened theyr tenauntes of theyr commyn s therin, and also haue gyuen licence to dyuers of theyr tenauntes to enclose parte of theyr errable landes and to take in newe intackes or closes out of the commens, payenge to theyr lordis more rent ther- fore, so that the commen pastures waxen lasse and the rentes of the tenauntes waxen more and more.' *
The next case is that of the inhabitants of Abbot's Bij^ton against Sir John and Oliver Seyntjohn (p. 64). On the first blush it appears to have been one of those in which the transfer of a landed estate from the possession of a great corporation, such as the Abbey of Eamsey, and later the Crown, to the hands of individuals involved a change to the
• 20 H. 3, c. 4. ' Si autem recognitum of the alteration of any interest, service,
fuerit per assisam quod querentes sufiici- tenure or custom of the manor, there usually
entem habeant pasturam cum libero copyholds are within the purview of such
ingressu et egressu, sicut predictum est, an Act ' (' Co. Copyh.' § 53). And so it has
tunc licite et libere faciant domini com- frequently been held that the Statute of
modum suum de residuo, et recedant de ilia Merton applies to copyholders. See C. J.
assisa quieti.' Elton, ' Treatise on Commons ' (1868), pp.
- I have a note of this case, but have 208-226.
not been able to verify it. According ^ C. J. Elton, ' Law of Copyholds ' (ed.
to Coke's rule, copyholds would be within 1893), p. 249. Cf. id. 'On Commons
the statute. ' When the Act is generally and Waste Lands,' p. 217. ' Trans. E. Hist,
made for the good of the commonwealth, Soc' 1892, p. 210.
and no prejudice may accrue by reason * ' Surueyenge,' p. 12.
Ix COUllT OF REQUESTS
-tenants of lawless oppression in lieu of an easy security. The case pre- sented was that the new landlord had by force and threats robbed the occupiers of their copies, and had substituted leases for comparatively short terms. Against those who showed front the common law of Westminster was set in motion, and they were treated as trespassers. This was just such a case as called for the protecting prerogative of the Crown.
The threatened tenants, however, first brought their case before the manorial court. Here they had the advice of the steward, one Thomas Fitzhewghe. Fitzhewghe, clearly committed to the side of the land- lord, recommended surrender to the terms offered by the Seyntjohns, 'to relynquyshe their coppie bolides beynge allwayes voydable in the law at the wyll of the lord.' ^ As a matter of fact, their copies being, as will presently be seen, fraudulent, Fitzhewghe was right ; but the word 'allways' suggests that he perhaps endeavoured to persuade the tenants that the phrase ' at the wyll of the lord ' meant that copy- holders were no better than tenants at will at common law.^ If so, he attempted to persuade them of an untruth and failed to do so.
The substantial point of Seyntjohn's defence was that the copies were not ' tyme oute of mind ' — a condition which has already been seen to be essential to their validity at law— but had come into existence twenty years before. There were also pleaded certain acts of ' waste '^ committed by the complainants, not as avoiding their copyholds, the legality of which would have been thereby admitted, but as an equi- table justification of their eviction as tenants at will at common law, A suggestion of conspiracy ^ in the procuring of ' one common purse ' is alto thrown in.^
The depositions, while they afford an interesting review of the
' The real meaning of the phrase is, as autri emprise de ... fausement mover
Coke puts it, 'His (the copyholder's) com- plees.' In this connexion the Act 1 K. 2,
mencement is at the will of the lord.' Cf. c. 6 (1377) also applied, which is recited to
' Wright on Tenm-es ' (1780), p. 228. have been passed for the suppression of
- On the difference see ' Trans. E. Hist. those who ' se coillient ensemble a grauntz
Soc' 1892, pp. 180, 236-247. I may routes, & sentrelient par tiel confederacie
here cite Littleton. ' Et divers diversites que chescun aidra autre & contrester lours
y sont perenter tenaunt a volunte qui est seignours a fort mayn.'
eins per lees son lessour par le cours del ^ This frequently occurs among the
comen ley et tenaunt solonques le custome disputes between the landlords and
del manor en la fourmeavaundit." Tenures,' the people at this time. In an action
ed. Tomlins (1841), § 82. brought in the Star Chamber by John
3 On the law of waste as affecting copy- Mulsho, a wealthy landowner of North- holds at this period see ' Trans. E. Hist. ants, against the inhabitants of Thing- Soc' 1893, pp. 128-30. den for riotous destruction of his in-
* The law of conspiracy was 33 E. 1, st. closures, complainant says : ' The in-
2 (1305) : ' Conspiratours sount ceux qi se habitauntes of the said hole town of
entrelient per serement covenant ou per Thingden aforesaid contrary to your peace
autre alliaunce qe chescun eidera & sustendra lawes and statutes dyuers and sundry tymes
COUET OF REQUESTS Ixi
history of the manor, mcidentally throw hght upon points of Enghsh history. Extracts from the Court Eolls of the time of Eichard II ' disclose in detail, upon a small stage, the steps by which the Great Pestilence of 1349 led to the villeins' rising of 1381. The tenantry of the Abbey of Eamsey had perished wholesale. The land was left, when the pestilence had abated, with no hands to plough it. The landlords, having it in hand, were ready enough to deal leniently with their tenants, to whom, both bondmen and customary tenants, was offered by compe- ting owners the alternative of migrating to other estates upon more favourable terms of tenure.- But evidently, when a generation had passed away, the population had begun to renew its numbers.^ The landlords then pressed the tenants to reconstruct the ruined houses, and amerced them on default in the manorial court.^ The tenants, on the other hand, had tasted the sweets of independence,'^ and in 1391 and 1392 we find symptoms of restiveness under the obligations of forced labour.^ The result was, that in 1471 all the tenants were copyholders."
The effects of the Wars of the Eoses upon the fortunes of the English peasantry is one of the disputed topics of English history. Historians of repute have maintained that the struggle was a duel between aristocratic factions and their immediate retainers, and that the country population remained aloof from and unaffected by it.*^ It would be hazardous to infer the ravages of war, from the fact that in October 1468 a circular notice was sent to all the tenants of Abbot's
vnlawfully doth assemble themselfes and louer & profit des dites villeyns ct terre doo confederate and combynate them tenantz,' &c. Here ' villeyns ' are the selues ayenst the said John Mulsho their 'pure villeins' (Britton, iii. ii. 12) or bond- land lord and calle commen councelles men by blood and tenure, the ' terre tenantz and parves and make a commen purse en villenage ' being those villeins not by among them promising all of them to take blood, who became called, at a later date, parte with other saing that xx'' of them ' copyholders.' See ' Trans. E. Hist. Soc' would spend xx'' score poundes ayenst the 1892, pp. 198-202.
said John Mulsho contrary to your lawes '■' ' The tables of Sussmilch afford con-
and statutes,' &c. This was in 1530, and tinual proofs of a very rapid increase after
was heard by More as Chancellor. StarCh. great mortalities.' T. E. Malthus, ' Essay on
Proceedings, Bdl. 2G, No. 250, MS. E. 0. the Principle of Population ' (6th ed. 182(3),
' See p. 89, n. 4, infra. For the history of i. 520. the neighbouring manor of King's Eipton, * See p. 89, infra.
also belonging to the Abbot, with extracts ^ The rising of 1381 had been serious
from its Court Eolls, see the volume of the in Huntingdonshire. See a grant, dated
Selden Society for 1889, ' Select Pleas in Nov. 28, 1382, by Eichard 2 to the
Manorial Courts,' edited by F. W. Maitland, burgesses of Huntingdon of the goods and
pp. 99-129. chattels of the rebels in that town, and
- 1 E. 2, c. 6 (1377). ' Les villeyns & two other grants (Dec. 5, 1381, and another terre tenantz en villenage, qi deyvent of 1382) in recognition of the town's services & custumes a lour seigneurs, ount loyalty. E. Griffith, 'Anc. Eecords of Hunt- ore novelment retret et retreint de jour ingdon' (1827), pp. 58-61. en autre lour custumes & services duez a ^ P. 90, infra, lour ditz seigneurs per comfort & pro- ' P. 81, infra.
curement dauters lours conseillours meyn- ' J. E. Green, ' Hist, of the English
tenours & abettouis en paiis c^ont pris People,' Bk. v. ch. i.
Ixii COUET OF REQUESTS
Eipton to repair their tenements by the Christmas following.' But the deposition of William Warwyck,^ that the country was impoverished in the spring of 1471 by the invading forces of Edward IV, brings home to us the fact that in barbarous ages the operations of war are never carried out without infinite suffering to peaceful non-combatants. The Wars of the Eoses occupied a space of time less protracted and an area less extensive than those of the Thirty Years' War in Germany : but in both contests were mercenary soldiers, and the licence known to have accompanied the employment of such forces in the one case was probably not altogether absent from the other.
Very remarkable in the face of this misfortune to the tenantry was the conduct of the Abbot William Witlesey. Times had changed in a hundred years, and the landlords were again in a position to assert their powers. He impeached the copyholders of waste, by which they forfeited their copyholds,-'* and he then put in their places tenants at will at common law.* This was one of those oppressive proceedings founded upon the strict letter of legal justice, which explains the animosity sometimes felt against clerical landowners.-^ It would be interesting to learn from comparison with the Court Eolls of other manors, whether this tyranny was commonly practised by other land- lords. The motive of it was not perhaps mere lust of power. The great movement of inclosure was in progress. To hold the tenants at will would be materially to facilitate its operation.*^
For a third and last time are the changes of the outer world mirrored in the Court Eolls of the Abbey. In 1520 dissolution was already casting its shadow before it. Persons of high religious con- viction, like Margaret Countess of Eichmond, and Fisher Bishop of Eochester, had dissolved religious houses and applied their revenues elsewhere." It was time to undo the work of half a century before and to reinstate the ecclesiastical landlords in the affections of their tenants. In 1520, therefore. Abbot Wardeboys instructed his officers to grant
1 p. 91. - P. 81. chapter oa the unpopularity of the monas-
■> See ' Trans. E. Hist. Soc' 1893, pp. teries arising from such causes, and from
128-31. their activity in commerce, would furnish
* P. 81, infra. an illuminating supplement to Dr. F. A.
^ E.g. S. P. Dom. H. 8, vi. 298 (1-533), Gasquet's recent apology, a bundle of complaints against the Abbot " See ' Trans. K. Hist. Soc' 1892, pp.
of Pershore, involving several charges 219-21.
of interfering with rights of common. " F. A. Gasquet, ' Henry VIH. and the
lb. X. 216 (1.536), J. Musard, monk of English Monasteries '(1895), ch.ii. pp. 62-6.
^Vbrcester, to Cromwell : ' He (the abbot) The 14th article of Wolsey's impeachment
and his predecessor have taken 200 or 300 charges the Cardinal with having raised the
acres of land from the tenants to enlarge rents of the lands received by him through
his parks without our prince's licence, but the suppression of religious houses so as to
still makes some of them pay as much make it impossible for them to be farmed
or more rent than they did before.' A with profit. lb. p. 108.
COURT OF REQUESTS Ixiii
copies to the tenants. The tenants were, not unnaturally, suspicious and at first refused to take them. They were ' persuaded ' under threats of eviction,' and their experience that the Abbot had meant well by them rallied them in defence of their new rights against the lay intruders of a quarter of a century later.
That some copyholders existed before this date appears from the evidence of Thomas Bulleyn,- who speaks of five in 1494. These were presumably copyholds for lives or for terms. It is a fair inference that had they been larger estates the gi-ant would have been ex- tracted from the Court Eolls ; for the complainants claim, for some of them at any rate, copyholds in fee simple.^ It is very significant that the first extract produced from the Court Eolls, showing the grant of a copy in fee simple, belongs to the year 1530,^ after Wolsey's dissolutions had given the religious houses warning of what was imminent. And the evidence of the complainants' own witness, John Sewester, points the same way. He was steward from 1535 to 1539. ' And as many (copies) comenly as did chaunche to fall and to be graunted in this deponentes tyme he being steward there, this deponent made the copies to theym and to theyr heyres to holde after the custome of the said mannur at the wyll of the lord and so had maistr Eowlett that was last steward,' &c.-^ The greater number of the copies produced dated, in fact, from 1535.'^ In 1534 Cromwell's commissioners had begun their visitation.
The Crown, which appears to have always administered its landed property upon liberal traditions,^ abstained from raising any question as to the legality of the new copies. The question, however, once raised, was too clear to have but one issue. The tenants were constrained to revert to their prior and legal status of tenants at will. Nevertheless, it is characteristic of the spirit of the Government that the judges of the Court put effective pressure upon the landlords to grant to four of the complainants, who made their submission, a lease for years upon reasonable rent.**
The exclusion of two out of the three remaining plaintiffs was per- haps justified by their conduct during the dispute. Coke lays down * if a copyholder committeth waste voluntary or permissive, that this is a forfeiture ipso facto.' ^ As an example of such waste, Watkins adduces ' if he fell timber, except for the necessary botes or estovers,
s P. 101, infra.
" ' Complete Copyholder ' (ed.l673), p. 163. On 'the possible existence of exceptions to this rule, see ' Trans. E. Hist. Soc' 1893, pp. 128-130.
|
' Pp. 78-9, |
infra. |
Cf. p |
81. |
||
|
2 P. 78. |
^ |
P. 65 |
|||
|
* P. 93. |
5 |
P. 87 |
|||
|
« P. 100. |
|||||
|
' See ' Trans. K |
Hist. |
Soc' |
1892, |
PP |
|
|
199,236. Cf |
also f |
.198, |
infra. |
Ixiv COURT OF REQUESTS
-unless he be warranted bj^ a special custom.' ' These general state- ments of the law are shown by the pleadmgs to have applied to the case before us, though in point of date they are posterior. The com- plaint and the replication both abstain from claiming a common of wood or a right ' to waste or spoyll ' the copyholds. Their claim, although it is not set forth in full, is clearly intended by the expression in the replication as ' laufuU was and ys for them to doo,' to have applied only to the customary or common law rights. ' To every tenant for life, the law as incident to his estate without provision of the party giveth him three kinde of estovers, that is, housbote which is twofold, viz. estoverium aedificandi et ardendi, ploughbote that is estoverium arandi, and lastly haybote, and that is estoverium claadendi, and these estovers must be reasonable, estoveria rationabilia.' - . . . And the same estovers that tenant for life may have, tenant for years shall have.' ^ As, however, woods are of very different values, it is evident that the cutting down of timber trees for firewood would not be within this last limitation. Coke lays down that ' oak ash and elm be timber trees in all places.^ ... To cut them down is waste, and if he (the tenant) suffer the young germins to be destroyed ; this is destruction.' ^ Though one of the complainants' witnesses, John Faunt, attempted to set up a general custom to cut wood growing on the copyholds (p. 75), this was at once restricted, by the witness who followed, to house-bote (ibid.). Thomas Bell set up a claim to fell maple, hazel, and thorn, expressly excluding oak and ash *^ (p. 86). These being the customary rights as claimed by the witnesses, the evidence shows how greatly they were exceeded. Symon Kent had cut down ' xviij trees, some ashes and some elmes beinge of xxx** yeres growyng.' Further, he had expended it upon his own freehold, and not in repair of his copj'hold tenements (p. 84). William Stokeley had cut down young oaks — ten upon one occasion (p. 86) ; William Baxter had consumed his wood, sixty trees, small and great (p. 85), and had his ' housen fallen downe ' (p. 86) ; Kent's wife had cut down and burnt, apparently in pure bravado, trees twenty years old (p. 85) ; and William Byrde had felled eight 3'oung springs (p. 85) and other
' C. Watkins. ' On Copyholds ' (ed. 1825), lib. 4, fo. 222, 231, 232, and vid. fo. 136, 137 ;
p. 399. Botes, such as house-bote, plough- Fleta. lib. 4, c. 19, 2-3, 26, 27.
bote, hedge-bote, etc. 'Housebote signifies ^ 11 Co. 46.
Estovers, or an allowance of necessary * Cf. p. 126, infra,
timber out of the lord's wood for the repair- ^ ' Coke upon Littleton,' 53 a.
ing or support of a house or tenement.' ' In the case of the tenants of Bradford,
Cowel, ' Interpreter,' ed. 1727. Estover is the oak and ash were specifically excepted from
French equivalent (see ib.). the general licence to fell wood. See
' ' Coke upon Littleton,' 41 b ; Bract. p. 126, infra.
COURT OF REQUESTS Lxv
timber (p. 86). It does not appear clear that any of these acts was done upon the common heath, where some right to fell perhaps existed.^ The tenants, especially the Rents, had indulged, not in the exercise of common law or customary rights, but in the licence of private war. The exclusion of W. Yong from the amnesty enjoined by the Court, and the inclusion of W. Byrde, must have been for con- siderations which do not appear on the face of the evidence. But neither side could complain that, on the whole, justice was not fairly meted out, or that those excluded from the benefits of the judgment suffered unmerited wrong.
In the case of Foreacre v. Frauncys (p. 101) the underlying economic conflict between landlord and tenant is again discernible under the legal questions raised. Each party is seen desiring a more precise defini- tion of its rights and a definition in its own interest. The legal points raised were four. In the first place, the copyholders claimed a right to surrender their customary holding in their lifetime to a nominee of their own who should be admitted by the lord upon payment of a stint or certain fine. To this the defendants advanced the reasonable plea that as the complainants enjoyed, at most, a term for their own lives, they could not grant any further term to others. In 1615 this precise case was tried at common law with reference to the alleged custom of the manor of Beaminster in Dorsetshire. It was held that, where the party in that case brought an action against the lord for refusing to admit him to the copyhold upon such nomination, the action would not lie.- Had the tenants been copyholders in fee, their claims would have been good in law.^
The second point was a claim of Freebench for widows, with a ' dum casta ' clause, in respect alike to customary and demesne lands, upon a fine of Id. The case upon which the dispute arose was that of the widow of a tenant who had held two tenements. Of these one was ' overland,' as to which we have already witnessed one struggle.'' The wastes, out of which the overland was taken, were ' in contemplation of law parcel of the demesnes of the manor.' ^ It has already been seen that tenants of demesne, other than lessees, were tenants at will at common law. To the demesnes in dispute immemorial custom did
' See William Warwyck's evidence, p. 81. perpetuum was a good custom.' Supple -
- F. Moore, ' Cases Collect and Eeport ' ment to ' Coke's Complete Copyholder '
(2nd ed. 1688), p. 842. (1673), p. 94.
-' In 45 Eliz. (1602-3), in the Q. B. 'in ^ P. Iviii, supra.
Powell & Peacock's case, it was adjudged ^ C. J. Elton, 'Commons and Waste
that a custome that a copyholder in fee Lands' (1868), p. 216.
might nominate his successor & so in
Ixvi COURT OF REQUESTS
not attach/ whereas 'freebench is a customary right.'^ On general grounds, therefore, as well as on the evidence adduced from the Court Eolls, this claim was negatived by the judgement.
The third point was the claim that on the decease of the widow of a tenant the custom of borough English obtained and applied, in default of sons, to daughters. Mr. Elton quotes the custumal of the neighbouring manor of Taunton-Deane, which is to the same effect as that advanced here.^ It is to be observed, however, that the original custom, as stated by Littleton, is less extensive. ' Ascuns burghs ont tiel custome que si home ad issue plusors fils et morust, le puisne fils enheritera touts les tenements que fueront a son pere deins mesme le burgh come heire a son pere per force de custome ; et tiel custome est appel burgh English.'"' It does not appear that the defendants contested the validity of this larger custom, to which Mr. Elton gives the name of 'junior-right,' in the case of customary lands. Conformably to the reasoning advanced in the case of free- bench, the judgement (p. 170) excluded its application from the case of he demesnes.''
Over all these topics of controversy hovered another — the line pay- able to the lord on a change of tenancy. According to the tenants, it was a ' stint fine,' i.e. fixed. It was admitted by them that appear- ances were against this contention, but the changes were not unreasonably ascribed to the negligence of the tenants and the com- pulsion of the lords. An artful confusion of the fines with the heriots had also obscured the amount taken as fine (p. 115). How important this point was can readily be understood by those who know how universal at this period were the complaints against excessive fines.*^ A fine, as Coke said some years later, might be ' incertus,' but it must be ' rationabilis.' Seasonable was what was customary, and customary was what was reasonable.^ In early times it would appear that the homage had some voice in their assessment, and indeed, in occasional instances, this practice continued to the time of Coke. But this case is an example of the usage which, it can scarcely be doubted, had grown since the inclosing movement,* and the fine payable was
' See 2 & 3 E. G, c. 12 (' An Acte for the Hist.' pp. 191-221 ; id. ' Law of Copyholds '
assuraunce to the Tenauntes of Grauntes (1893), pp. 128-133, and tlie authorities
and Leases made of the Duke of Somer- there cited. ' A great part of Somerset '
settes demene Landes'). was under Borough Englisli (Elton,
2 C. Watkins, ' Copyholds,' ii. 65. ' Origins,' p. 188).
^ 'Origins of Eng. Hist.' p. 194. « Pp. 103 and 198-200, infra.
* ' Coke upon Littleton,' 110 b. ' See Glanvill, x. 4.
* For a discussion of the origin of Borough ^ Further as to lines, see ' Trans. E. Hist. Enghsh, see C. J. Elton, ' Origins of Eng. Soc' 1892, p. 249.
COURT OF REQUESTS Ixvii
adjudged to be determined, not by the collective body of the Court, but by the lord face to face with the isolated and unprotected tenant.'
The history of this manor as it emerges from the entries in the Court Eolls reflects, like those already examined, the social and economic changes of the country at large. Observe the date (1353) of the first concession by the lord, the written limitation of customs and services. The Crown had long set the example,- but the efficient cause in this case can hardly have been other than the dearth of labour following upon the Great Pestilences,-^ A time came elsewhere when written records such as this were destroyed by the insurgent villains.'* It is not unlikely that those manor rolls which were most obnoxious were the earlier ones which recorded how many of the customary tenants were bondmen in blood, ' talliabiles de alto & basso ad volunta- tem domini.' ■' In this case it appears that a previous lord, Thomas de Symeswurthe, had forced the customary tenants to cultivate the demesnes.** The customs enrolled by Simon de Meryett were rightly acknowledged to be concessions and as such preserved, and even the overland, it is stated, had ' been ever letten by copye.' ^
It appears to have been about the year 1542 that William Frauncys began to tighten the lax bonds of usage which had hitherto controlled the manor. ^ The change of policy had no connexion with the rise of prices following the debasement of the coinage, since debase- ment only began in 1 5-14," It was simply part of the general unrest in landlord and tenant alike, due to the spread of improved agricul- tural processes and a consequent higher value attaching to land. In this case we note again, as in that of Abbot's Eipton, the independent attitude of the homage and their repeated refusals to obey the steward at the manor courts.'° The lord of the manor, within the tether of his legal rights, seized the copyhold of Foreacre, the leader of the
' ' He hath said that the greatest trouble J. E. Green, ' Hist, of the EngHsh People,'
he had in those affairs was to satisfy some ch. iii. They ' fired the houses of the
greedy lords, or rather ladies of manors, in stewards and flung the rolls of the manor
setting the fines and in being in some courts into the flames.' Cf. T. Walsingham,
measure an executioner of their cruelty ' Gesta Abbatum Sancti Albani ' (' Rolls
upon poor men.' Roger North, ' Life of Lord Series,' 1867), iii. 308, 328.
Keeper Guilford ' (ed. 1890), i. § 26, p. 31. •' Placit. Abbrev. (1811), T. T. 30 Ed. 1 ;
- See ' Trans. R. Hist. 'Soc' 1892, Northt. p. 240. The Abbot of St. Albans
p. 222, by the writer. was forced to grant general charters of
■' 'The plague first attacked England in manumission. ' Gesta,' iii. 331.
theautumnof 1348.' It apparently lasted till "^ P. 128. This looks as though there
1350. See F. A. Gasquet, ' The Great Pesti- was an insufficiency of labour, perhaps
lence' (1893), p. 71. For other instances of owing to a pestilence. I have, however,
its devastation and the consequences, see W. failed to discover the date of this lord of
Cunningham, ' Growth of English Industry the manor,
and Commerce ' (1896), p. 332. ' P. 129. » P. 119.
* See E. Powell, ' The Rising in Suffolk,' ^ J. E. T. Rogers, 'Hist. Ag. and Prices,'
' Trans. R. Hist. Soc' 1894, pp. 221, 225; (1882), iv. 194. '« Pp. Ill, 121, 122.
d2
Isviii COURT OF EEQUESTS
recalcitrants, as a forfeiture, and threatened to do the same to the rest. Nevertheless the judgement express^ protects the tenants against the consequences of their default.' Clearly the reliance of the tenantry upon the leaning of the King's tribunal in their favour was not without good cause. That the action of the lord of the manor was disliked by the older or more conservative of the country gentry appears from the letter of Sir Thomas Denys to the Council, follow- ing upon his attempt at intervention with Frauncys on belialf of the tenantry.-
Incidental points of interest which have no strict relation to the issue may be noted. The distinction between the customary tenants in bondage — i.e. on land liable for villain services — and the ' nativi domini,' is maintained in the custumal and in the actual transactions of the Court's business.^ The responsibility of the tithing-men (decennarii) is laid down. They are, as a partial reward for their services, to be free from both the Hundred penny and Peter's penny. The nativi have to pay head money (capitagium),^ and the identifica- tion of this with the Hundred penny, or poll tax to the sheriff or lord of the Hundred,^ throws a new light on this exaction. The customary tenants may not allow their sons to take orders, nor marry their daughters outside the manor without licence. The provisions for the reeve's board present a curious picture of medieval householding.
Sir John York, merchant of London, was one of the new men whom the dissolution of the monasteries brought to the front as purchasers of land. The case of the Inhabitants of Whitby v. York (p. 198) has this peculiar value, that it reduces to figures the universal complaints of the rise of rents. Accepting the sums total of the old and new rents given on p. 200, the increase was no less than 122-48 per cent., and this was quite independent of a further total of £23 15s. 8d. exacted by way of fine upon the change of lord. In these exactions, as appears from the judgement of the Court, Sir John York had been guilty of illegal extortion. The complainants being copyholders and lease- holders, their rents were already fixed for terms of years. In order, however, to secure the presumption of law in his favour, Sir John had by threats got possession of the leases.'' By these surrenders the
' P. 172. - P. 122. proceeding; of. the allegations of theEipton
=* Pp. 12G, 127. tenants on p. 65, supra. On Jan. 27, 1538,
* P. 127. Cf. the ' Political Science Anthony Koke writes to Wriothesley, giving
Quarterly' (1893), p. 656, 'Villainage in an account of his taking possession, on
England,' by the writer. behalf of Wriothesley, of the newly granted
^ P. 127. Cf. p. 160, where 20d. is paid as monastic manors. He adds : ' I play your
a fine for living outside the manor. Note the chancellor, sealing these new indentures
forfeiture of John Bowrynge for non-resi- openly in court, and none stick to bring in
dence (p. 163). their convent seals and receive yours.' It
•* This seems to have been a common may be that this proceeding was not always
COUET OF REQUESTS Ixix
tenants had become tenants at will at common law. Imprisonment was threatened them as the penalty of holding out against the new conditions of tenure. Nor was the menace an empty one. By a charter of Henry III the franchise comprised ' infangtheof.' ^ The lord therefore had the right to the custody of a prison, and the general rule that ' the lord might keep those in his prison whom he could judge in his court "-^ might perhaps have been stretched to include these recalcitrants.'^ At any rate, the petitioners alleged that their appre- hensions had driven them to hiding.
That Sir John York was a man of a grasping disposition may be inferred from a comparison of this with the next action, Uvedale v. York, in Vv'hich he was defendant (p. 201). The Abbey of Byland, which had been re-founded in January 1537, had in the following November granted a lease of its coal and lead mines in Netherdale, Yorks, to the plaintiff's father, John Woodall, alias Uvedale, at a rent of 15 per cent, of the gross winnings, the lessors to find the necessary timber. In June 1553 York had recently come into possession of the manor, the monastery having been dissolved in 1538. He not only refused to supply the timber, but seized thirty-six loads of lead ore, the property of the plaintiff. After an arbitration he refused to carry out the award. His substantial defence is not disclosed, his plea being in the form of a demurrer.
The two cases of bondage ^ reveal that even as late as the middle of the sixteenth century serfdom was still a reality in England.' Sir Edward Gorge, lord of the manor of Walton, Somerset, sent to buy an ox of the plaintiff, William Netheway. The price alleged to have been agreed upon was 26s. On demand made for payment Sir Edward, for some reason unexplained, refused to pay, and claimed the plaintiff as his bondman. He further asserted a legal right to his goods, and threatened to seize the lands held by him of other men. Thereupon the plaintiff' repaired for redress to the Court of Bequests.
It does not appear from the plaintiff's petition whether or not he
for purposes of extortion, but to obtain a laid claim. See ' The Last Days of Bond- documentary proof of the ' attornment ' of age in England,' ' L. Q. E.' 1893, p. 364, the customary tenants, and thereby an ac- n. 1, by the writer. During Wolsey's knowledgment and completion of the legal Chancellorship (1515-29) he set the Court right of the new landlord. See ' Trans. of Chancery at defiance, imprisoning five E. Hist. Soc' 1892, p. 214. of his tenants, who had been successful in ' Dugdale, ' Monast,' i. 414, 415. htigation with him, in one of his castles in - F. M. Nichols, Britton, i. p. 47, n. c. Wales. MS. E. O., Star Chamber Pro- ^ There was precedent in the action of ceedings, Bundle 21, No. 179. Edward Stafford, Duke of Buckingham, ' Pp. 42, 48.
who during the Chancellorship of Warham ^ For a discussion of the general subject
(1504-15) confined twelve persons who see ' The Last Days of Bondage in England '
refused to pay rent for land to which he L. Q. R.' 1893, p. 348, by the writer.
Ixx COURT OF REQUESTS
held land of Gorge, either as a customary tenant or as a tenant at will. If either, the inference from Gorge's threat * that he wold sease his landes that he hyld of other men,' is that his tenure was a cus- tomary one. The seizure threatened would have been within the lord's legal right, while he would be legally unable to ' derogate from his own grant ' by seizing customary land held of himself, save for breach of custom.^ It is clear, however, that the lord claimed rights over the person of the^plaintiff as his bondman in blood (' nativus domini '), and therewith over his goods and chattels.'- Herein lies the point of the further threat ' that he (Gorge) wolde feche hym att an horse tayle and make hym to tvrne a broch in his kechyn.' In an ' exceptio villenagii ' a lord was held to prove that the person claimed * est soen astrier et demourant en son villenage,' ^ where Selden explains ' astrier ' as ' in the lord's dwelling house.' Similarly, in the case of a claim by the Duchess of Buckingham to certain persons as bondmen and villains regardants of her manor of Eompney, near Cardiff, evidence was put in ' that the pleyntiffes and others ther bloode and Auncestours have vside to do sarvice at the commaunde- ment of the late Duke and his auncestours in carying of wodde and other Busynes aboute the sayde Duke's house.' ^
Whatever the legal rights of the lord might be over the goods and chattels of his bondmen in blood, it is evident that public opinion for- bade their plenary enforcement. ' Tallages ' and ' amercements ' had, as long before as the time of Chaucer, practically taken their place."^ And even Chaucer censures those lords ' that bireven here bondemen thinges that they never gave hem.' ^ Fitzherbert denounces the same practice as * extorcionor bribery," ' using the last word in its archaic sense of robbery. It is intelligible, therefore, how the bondman Netheway was in the position to sell an ox of the value of 26s., and how the petitioners in the case of Burde v. the Earl of Bath (p. 48) had
' See ib. p. 360. ' See Chaucer's homily of ' The Persone's
- This confirms the ' Mirror.' ' Nota Tale.' ' Thnrgh this cursed synne of
que villeins ne sont my serfs. . . . Ceux avarice (and) of covettise comen these hard
ne poent rien purchaser, forqe al oes lur lordschipes, thurgh whiche men ben di-
seignur ' (ed. W. J. Whitaker, 1895, streyned by tailiages, custumes and cariages
p. 79). In an avowry for a heriot, Y. B. more than hir duete or resoun is ; and
E. T. 13 E. 3, p. 234 (ed. L. O.Pike, 1885), eek they take of hir bondmen amerci-
occurs this statement of the law ; ' Trewith, mentes, whiche mighten more resonably
arguendo " Vous savez bien qe par ley ben cleped extorcions than amerciments.
de tere tut ceo qe le vileyn ad si est a soun Of which amerciments and raunsoninge of
seignour." ' bondemen some lordes stywardes seyn that
^ Britton, ii. 155. it is rightful, for as muche as a cherl hath
* This was in 1527. See S. P. Dom, no temporel thing that it ne is his lordes,
H. 8, iv. 3447. The case is printed at as thay seyn.' G. Chaucer, 'Works,' ed.
length by F. J. Furnivall, ' Introduction to W. W. Skeat, 1894, iv. 618. ^ Ib. Ballads from Manuscripts' (1868), i. 11 foil. ' ' Surueyenge,' ch. 13, p. 31 (ed. 1539),
COURT OF REQUESTS Ixxi
been the victims of a legal spoliation to the alleged amount of no less than £400, representing some £4800 of our money.
The certificate of the commissioners in Netheway v. Gorge (p. 44) shows that in point of law the claim of the lord was good. While the defendant proved the bondage in blood of persons of the same name in the fourteenth century, from whom the plaintiff seems to have been presumed to descend,' the plaintiff' could only establish the manumis- sion of collateral ancestors. Nevertheless the royal commissioners strained the prerogative in favour of the plaintiff, and put pressure on the defendant to pay the value of the ox. It is characteristic of the temper in which even a bondman, in reliance upon the king's tribunals, could confront his oppressor, that the plaintiff declined mere restitu- tion and insisted on costs and damages. Unfortunately the case ends for us at the moment when the parties are to appear before the Court.
The other case of bondage, Burde v. the Earl of Bath (p. 48), exhibits on the part of the defendant an obstinacy and recalcitrance unusual under the strong hand of Henry YIII. On August 14, 1535, the Earl, by his agents, seized from the plaintiff goods to the alleged value of £400. Here was no pretence of purchase, as in the former case. It was simply the legal spoliation of bondmen denounced by Fitz- herbert."-^ Four years seem to have passed, the plaintiff" being probably deterred from seeking redress by the unavoidable expense attendant upon proceedings in London.^ On September 19, 1539, he petitioned the Council of the West, under the presidency of the first Lord Eussell. The Council promptly ordered restitution of the chattels seized. The Earl not only disregarded the order, but apparently (for the MS. is here mutilated) effected a further seizure in October 1540. Thereupon the Council of the West ordered obedience to the former decree. The Earl offered a passive resistance. Plaintiff then peti- tioned the king, and on February 15, 1541, the order was repeated by a writ of Privy Seal from Hampton Court (p. 54). The Earl remained obdurate. Plaintiff then procured another writ of Privy
' A dangerous inference ; cf. Fitzherbert, suffrecl by the lawe. That is, to haue any
'Surueyenge," There be many freemen taken christen man bounden to an other, and to
as bondemen, and their landes and goodes haue the rule of his body, landesand goodes,
taken fro them, so that they shall not be that his wyfe, chyldren and seruantes haue
able to sue for remedy to proue themselfe laboured for all their life tyme to be so
fre of blode. And that is moste commonly taken, lyke as and it were extorcion or
where the free men haue the same name as bribery.' ' Surueyenge,' oh. 13, p. 31 (ed.
the bondmen haue.' 1539).
- ' Howe be it in some places the bonde- ^ See the bills of costs on pp. 38, 188
men continue as yet the whiche me semeth and 191. is the greatest inconuenience that now is
Ixxii COURT OF BEQUESTS
Seal, directed to the Justices of Assize, to compel obedience to the orders of Council. The Earl defied the justices, and for the third time plain- tiff had recourse to the king. On this last occasion the effectiveness of the Privy Seal was sharpened by the threatened imposition of a fine of £200 in the event of disobedience. Plaintiff's goods were restored him in 1544, and for seven years he enjoyed freedom from molestation. But the Earl was biding his time. Pieckoning doubtless on immunity at the hands of the reactionary landowners who had deposed Somerset from the Protectorate, on April 25, 1551 he seized horses and cattle of the plaintiff. The plaintiff' again petitioned the king in his Court of Bequests. In this suit the Earl's defence is preserved, and may be inferred from the petition of the plaintiff (p. 55) to have been the same as that dismissed at the former hearing. His plea was that his ancestor who had enfranchised the ancestor of the plaintiff had exceeded his legal rights ; for that, being but a tenant in tail and there- fore only in enjoyment of a life estate, he could only enfranchise for the term of his own life.' The rest of the proceedings, with the exception of an interlocutory order, are unfortunately lost.
The fifteenth and sixteenth centuries were marked in the internal history of the towns by the growth and decline of the gild system, and the struggles which accompanied the process. Of the two gild cases in this volume, the first, that of Petyrson v. Fredryk and others (p. 29), discloses nothing of the points at issue between the parties, owing to the absence of the statement of defence. But it shows the existence of a sick and burial society of Flemings,- which probably disappeared in the general spoliation of 1547.^ Whether the petitioner was un- justly used or this was an example of the oppressive action of corpora- tions which had already become, according to Bacon, ' fraternities in evil,'"* remains uncertain.
The complaint in the case of Emlyn and another v. Whittyngham (p. 46) presents some rather exceptional features. If we may judge from the Acts of Parliament of the fifteenth and sixteenth centuries.
' I have not been able to discover any - A similar gild of French handicrafts- case turning upon this point, but if the men, held in the Black Friars, received a obiter dictum of Ashton or Aysheton, J., in grant of incorporation in 1532. S. P. Dom. the Common Pleas in E. T. 1455 be sound H. 8, v. 76G (7).
law, then the plea was invalid. ' Celuy ■' 1 E. 6, c. 14, ' An Acte wherby certaine
que est un fois fait frank ne puit estre par Chauntvies Colleges Free Chapelles and the
comon entendre fait villein ' (Y. B. E. T. Possessions of the same be given to the
33 H. 6, p. 13). From the undisguised kinges maiestie.'
leanings of the courts in favour of enfran- ' ' Hist, of Henry VII.' ' Works,' vol. vi.
chisement, this is what might have been p. 223 (Ellis and Spedding's ed. 1870). expected ('Trans. E. Hist. Soc' 1802, pp. 205, 206).
COURT OF REQUESTS Ixxiii
the general policy of the town gilds was exclusiveness, with the object of limiting the number of their members.^ The goal ultimately aimed at by this was the maintenance of prices. A statute was passed in 1437 expressly to restrain gilds from making ordinances with this object, ' encountre le commune profit du people.' '^ This being a failure was succeeded in 1504 by the statute ' De privatis et illicitis statutis non faciendis,"^ restricting the powers of the gilds to fix the prices of wares. The gilds then sought to indemnify themselves by raising the fees due on admission of apprentices, and so checking competition and raising prices by limitation of output. This was suppressed by the Act ' For Apprentices,' passed in 1536.'' The only resource remaining was to increase their revenue by enlarging their borders, which in this case we find the weavers of Lincoln endeavouring to do."^ It is possible that the defence, unfortunately missing, was a general claim of right for freemen to weave independently of the gild. Such a struggle occurred in London in 1351 when the citizens endeavoured to force the immigrant Flemings to belong to the Weavers' Gild. Lincoln, by a charter of 1199, claimed the customs of London.'^ In the London case the king in 1366 interposed to allow the foreign weavers to found a gild of their own.^ On the other hand, down to the sixteenth cen- tury the citizens of London asserted their right to add weaving to other industry practised by them, but subject to the customary con- tributions to the Weavers' Gild.**
The case of the Mayor and Citizens of Exeter (p. 3) is interesting as throwing a sidelight on a phase of the internal history of the city
' Sec 'Liber Custumarura'(ed.H.T.Eiley, F. W. Maitlaiid, 'Select Pleas' (1887),
1860), i. 424 (temp. Ed. 2). p. 39.
- 15 H. 6, c. 6. ^ 19 H. 7, c. 7. " W. Cunningham, ' Growth of Enghsh
■• 28 H. 8, c. 5. Industry ' (3rd ed. 1896), p. 341 ; T. Madox,
^ That this was a common occurrence ' FirmaBurgi,' (1726)283 ; H. T.Eiley.'Me-
and was ah-eady (in 1549) exciting the morials of London Life ' (1868), 306, 331. adverse criticism of economists, appears « See 37 E. 3, c. 6, also the ' Ordinationes
from the dialogue between the Doctor and Telariorum ' (28 Ed. 1), ' Liber Custum.' i.
the Capper in ' The Common Wealth of this 121. A very interesting case of about the
Eealm of England ' (Cambridge, 1893), p. year 1518 is to be found among the MSS.
129. 'I haue knowne goode workemen, as of the Star Chamber in the Itecord Office, in
well smythes as weavers, haue come from which the Weavers' Company of London
straunge parties to some cities within the sued a grocer for setting up Weaving with-
Realme, intendinge to set theire craftes, out licence of the Weavers' Company. In
and because they weare not free theare, but this case the bailiffs of the Weavers had
specially bycause they weare better work- refused the licence, though the defendant,
men than was anie in the towns they could as he alleged, had tendered his contribution,
not be suffered to worke theare. Such in- It is to be noted, as perhaps bearing upon
corporation had those misteries in those the bailiffs' action, that the fee farm of the
townes, that none might worke theare in London weavers was then only 24s. a year
theire facultie, except they did compound (Star Chamber Proceedings, Bundle 19, No.
with them first." 266). In 1156 they had been rated at £12
'' ' Kotuli Chartarum ' (1837), p. 5. Cf. (' Pipe Coll.' p. 4 ; W. Cunningham, p. 646).
Ixxiv COUIIT OF EEQUESTS
which was common in the fifteenth century to other EngHsh towns. Exeter had long been the scene of violent struggles for power between the commons and the governing class, who represented * the vse and laudable custom . . . in wold tymes vsed.' The quarrel, which began in 1339 with ' impetuous clamours ' by the people against the con- stant re-election of one or two men as mayors,' had lasted until the advent of Henry VII in 1497, the year after a fresh outburst of party violence. The final victory of the oligarchical party was assui'ed by the charter of July 10, 1498,- on which the plaintiffs in this case rely.^ In addition to this struggle another had been contemporaneously car- ried on between the mayor and corporation on one side and the power- ful gild of the tailors upon the other, which claimed to be free from the civic jurisdiction and immediately dependent upon the Crown. Here- again the mayor and corporation had been victorious in 1482, the Crown having begun to entertain dislike of the democracies of the boroughs. Evidently the same struggle was being renewed in the election of the mayor of the staple. The Staplers were the companies of merchants enjoying the monopoly of exporting the principal raw commodities of the country, viz. wool, woolfells, leather, tin and lead.'' These monopolies were created for fiscal purposes, the wool &c. being weighed and the customs paid at the staple towns, from which they were exported abroad. The mayor of the staple, jointly with the customers, was responsible to the Crown for the quantities shipped and duties charged. Of these staple towns Exeter was one.'' After some changes of policy " Calais was in 1465 finally made the sole staple town,' and staple wares were ordered to be shipped only from those towns in England where the king had his beam, his weights, and his customers, viz. Poole, Southampton, Chichester, Sandwich, London, Ipswich, Boston, Hull, Lynn, and Newcastle.*"
By this statute the staple of Exeter, in common with that of Bristol and other towns, was deprived of its original function.^ But
' Mrs. J. E. Green, ' Town Life in the By 12 E. 2,c. 16, it was enacted 'que lestaple
Fifteenth Century' (1894), ii. 170; E. A. soit remuez de Midelburgh aCaleys ;' by 14
Freeman, 'Exeter,' ch. viii. E. 2, c. 1 (1390), that it should be in the
- E. Izacke, 'Hist, of Exeter' (1731), Enghsh towns specified by the Act of 1353.
p. 99. In 1398 the staple was again at Calais, 21
3 P. 4, infra. ' 8 H. C, c. 17. E. 2, c. 17 (cf. 27 H. 7, c. 2).
= See the ' Ordinance of the Staples,' 27 ' 4 E. 4, c. 2.
E. 3, St. 2, c. 1 (1353) ; 38 E. 3, st. 1, ** 4 E. 4, c. 3.
c. 7 (1364) ; 43 E. 3, c. 1 (1369). " This may perhaps have been the cause
" See W. von Ochenkowski, ' Englands of the amalgamation at Bristol of the
wirthschaftliche Entwickelung ' (Jena, mayoralty of the staple with the mayoralty
1879), pp. 187, 202 ; G. Schanz, ' Englische of the town of Bristol. ' Eicart's Kalendar '
Handelspolitik ' (Leipzig, 1881), i. 330, 331. (Camden Soc. 1872), p. 74.
COURT OF REQUESTS Ixxv
there yet remained the tribunal of the staple, with its mayor and two constables, who by the Ordinances of 1353 were empowered to take recognisances of debts under seal and generally to administer the bankruptcy laws of the town.' They also tried commercial cases by the law merchant,^ and employed officials named * correctors ' to register commercial contracts.'' There remained to them, therefore, the trans- action of much important business. A statute further provided that the constables of the staple should be elected by the commonalty of the merchants of the staple town, and that no mayor of the staple should hold the office over one year except after submitting to re- election.^ According to the complaint of the Mayor and Corporation of Exeter, the election of John Bonyfaunt as mayor of the staple had been unaccompanied by the customary publicity, and had been in fact a nomination by the outgoing mayor of the staple and of the two constables of the staple, one of whom was the nominee's brother. It is evident from the language of the complainants that the nominated mayor of the staple had been one of the democratic party of 1496, and that this nomination or election was a fresh uprising against the now strengthened oligarchy. They allege that he had unsuccessfully solicited a former mayor of the staple to issue to him blank charters or recognisances of debt, possibly with the object of laying his political opponents by the heels during some of the civic contests. In his place the mayor and corporation petition for the roj-al sanction to the election, which they declare to have been lawfully held, of one William Frost, a ^yeomanof the Crown.' This person was the representative of the triumphant oligarchy of 1497, and was selected by the king him- self, about whose person he held an office, as mayor of the city for that year.'^ John Danaster, whom they recommend as first constable of the staple, evidently belonged to the same faction, having been in the same year nominated first of the four bailiffs of the city.
An appeal upon such issues to a monarch of Henry VII's temper could have but one result. In 1499 the case was remitted by the Council to the mayor who had succeeded the original complainant and the Common Council. From the number of these, however, were excepted the persons interested in the dispute, together with John Atwill, whose election as mayor for the fifth time (in 1496) had occasioned the disturbances which led to the charter of 1498." In
' See 27 E. 3, st. 2, c. 9. Meire ne teigne loffice outre un an sil ne
- lb. c. 8. ^ lb. c. 22. soit de novel eslu par la Commonalte de
' lb. c. 21, 'esluz par la Communalte Marchants, sibien estranges come denzeins.'
des Marchants du dit lieu ; et que nul ^ Izacke, p. 98. « lb. p. 97.
Ixxvi COURT OF REQUESTS
effect, the oligarchs were constituted judges in their own cause. Within two months John Bonyfaunt was making his submission to the King's Council, and his election was declared void. It was expressly- provided, however, that his legal acts as mayor of the staple should be vahd. To the Earl of Devon and Sir Wihiam Huddesfild, formerly Attorney General, was entrusted the task of examining whether mal- practices, such as those alleged as having been formerly contemplated by Bonyfaunt, had accompanied the issue of recognisances. And so the triumph of the oligarchy of Exeter was complete.
The case of Lewes v. the Mayor and Bailiffs of Oxford (p. 173) is another phase of a similar struggle. The town of Oxford claimed the right common to feudal lords of compelling the residents within its walls to grind their corn at its mills, called the Castle Mills. The plaintiff, irritated by the excessive toll which he alleged to have been demanded, and also by the miller's peculations, paid to the bailiff's a fine for permis- sion to grind his corn elsewhere, the fine being extorted from him by the seizure of his sacks. He sought, therefore, an injunction against the bailiffs. The peculations of the town miller were established by several witnesses. While the case was before the Court the plaintiff continued to send his corn elsewhere, viz. to the mills at Hinksey, Ifiey, and Holywell. The suit, however, had roused the temper of the town officers, the bailiffs, and they seized the plaintiff's carts on their return to the city. They even threw the miller of Holywell into Bocardo, the town gaol, and their violence towards the plaintiff was such that he was compelled to take refuge in the country.
The bailiffs in the first place demurred to the jurisdiction of the Court, not on account of its unconstitutional character, but because the city had, by charter, the right to determine it in the Mayor's Court.' They went on to plead that the Mayor and Corporation of Oxford have from time immemorial held of the king by a fee farm, the amount of which is unfortunately omitted. This, in the presentments at the Eyre of 1285, is set down as £63 Os. 5d.per annum.- In the pleadings of 1608 it is stated at £55 6s. 8d. per annum."' The bailiffs were the officials responsible to the Crown for this payment. They are called by Mr. Boase^ 'royal officers,' as practically they were, and 'they had the custody of offenders,' which was the justification of their imprisonment of the miller. The judgement is missing, but from a minute ''' con-
' The town claimed ' generally the ens- be distinguifihecl from the fee farm-rent of
toms of London.' J. E. T. liogers, ' Oxford the town ' (£55 6s. 8d.) (ib.).
CityDocmnents'(1801), p. 187. -Ib.p.'ilO. ''Oxford' (Historic Towns Series,
3 Ib. p. 287. Eogers observes on p. 285 1893), p. 43.
that the 'fee farm-rent of the mills must ■' Rogers,' Oxford City Documents,' p. 293.
COURT OF REQUESTS Ixxvii
tained among the papers of the similar suit in 1 606, it appears that the Court of Requests, on the proof of the dishonesty of the town miners, deHvered a decision compelling the plaintiff to take his corn to the town mills, but empowering him to employ other mihers to grind it there. By this compromise the rights of the Crown and the equity of the case were both provided for.
There are two cases in ^Yhich the ancient abuse of purveyance appears. Of these the first is Daryngton v. Chapman (p. 60), where the Major of Cambridge was called upon to provide mastiffs for the king. Unless this came within the statute of 1300,' this would seem perilously near unlawful purveyance.-
It does not, however, appear from the proceedings what the defence of the recalcitrant Mayor of Cambridge was. Probably it was a claim for Cambridge as a university town to exemption from all pur- veyance.^
In the other case, that of Gunne v. Fletcher (p. 186), it appears in- cidentally that the king's fletcher, acting upon a commission of purvey- ance, paid the market price for the feathers bought by him, a probably exceptional incident. But that purveyance was at that time exercised oppressively to the subject appears from the Act in restraint of it, passed only three years later.^
The case of Smyth v. Elyot (p. 13) is interesting as an example of the chicane habitually practised under cover of the laws against usury. The plaintiff and his wife had borrowed of the defendant's brother the sum of £25 upon mortgage of four houses in St. Clement Danes parish. The covenants were that the mortgagors should occupy the houses at a rent of five marks (£3 6s. 8d.) a year, and that within ten years they should pay the mortgagee £40 and receive a reconveyance of the estate. At this time the usury laws had been recently rendered more stringent by the reactionary legislation of Cardinal Morton, whose ecclesiastical prejudices had not yielded to the more liberal expositions of the canon law of usury beginning to claim a hearing on the Continent.-^
' 28 E. 1, e. 2. ' E des prises quil ferront that the towns of Oxford and Cambridge,
par mi les pais, demanger ou deboyure, & and five miles round, are free by custom
autres menuz necessaires pur lostel,' A'C, from purveyance of victual,
confirmed by 4E. 3, c. 4 (1330). ' 2 & 3 E. 6, c. 3, 'An Acte towchinge
- Declared to be felony by 4 E. 3, c. 4. Purveyors.'
An Act of 1445 (23 H. 6, c. 1) gave an ^ See W. Endemann, ' Studien in der
action of debt against the purveyors. A romanisch-kanonistischen Wirthschafts-
further Act of the same session (c. 13) era- und Eechtslehre ' (Berlin, 1874), i. 39, 43.
powered mayors &c. to compel redelivery Morton's principle was ' that every law
of goods so purveyed by arrest and im- should be consistent with the law of God,'
prisonment, and awarded treble damages to i.e. with the Canon Ijaw. Lord Campbell,
the injured party. ' Lives of the Chancellors' (2nd ed. 1846),
■' In 2 & 3 P. & M. c. 15, it is recited i. 431.
Ixxviil COURT OF REQUESTS
The Act of 1495 ^ repealed a previous Act, also passed under Morton's influence in 1487,- which had already proved a failure. The new Act laid down ' that all maner of persone or persones lendmg money to and for a tyme, taking for the same lone any thing more ^ besides or above the money lente by wey of contracte of covenaunte at the tyme of the same lone.^ . . . And that every persone and persones len(d)yng or taking any money to eny persone or persones to a cer- teyn tyme, and takith londes tenementes or any heredytamentis or other bondes for perfite suretie and sure payment of his or their money lent at the tyme assigned without any condicion or aventure, and also at the tyme of the same lone or taking of the said money covenaunteth appoynteth or contracteth covenaunten appoynten or contracten that he or they that so lend or take money shall have the revenues and profites of the londes tenementis or hereditamentis of him that so boroueth or taketh money by a certeyn tyme ; • that then every persone herafter upon any of the premysses convicted forfeite the moite of the value in money of the seid money goodes catelles merchaundises as is aboveseid so solde or lente, after such value as they be sold or lent for after any fourm aforseid ; wherof the king shall have the oone moite of the same forfeiture & the partie that will sue the other moite, and if no man will sue then the king to have the hole ; and this sute for the seid penaltie and forfeiture to be aswell at the king's sute as at any other that woll sue by informacion in any of the kingis courtes of recorde.' It is difficult to see how the covenants set forth in the case could be squared with these comprehensive prohibitions. Eichard Elyot, serjeant-at-law, who, presumably as his brother's heir, had come to represent the mortgagee, affirmed the whole transaction to be ' a corupte bargeyn fynabyll ' to the king, as indeed it probably was. Acting upon this opinion, he appears to have laid an information
» 11 H. 7, c. 8, ' An Acte agaynst tinent, especially in Germany, the modify-
Usurye.' nig doctrine that the damnum emergens or
' 3 H. 7, c. 5, ' An Acte agaynst usury lucrum cessans might be calculated before-
and unlawfuU bargaynes.' hand and agreed upon had fairly established
3 ' Die Kirche ergriff von der Vorschrift itself at this date. See Endemann,
mutuum date nihil inde sperantes derge- ' Studien,' ii. 252 foil.
Rtalt Besitz, dass sie bald sich nicht mehr ^ Risk was held a eround for compen-
mit dem blosen Moralgebot begniigte, son- sation in the form of a return over and
dern daraus ein Rechtsgebot zu machen above the sum lent. Gain without risk was
suohte.' W. Endemann, ' Studien,' i. 10. usury. Hence the Canon Law, here fol-
^ According to the strictest canonists, lowed by the Act, forbade the mortgagee to
interest was only permissible on the ground take the fruits of the land mortgaged in
of ' damnum emergens,' to which was addition to the capital sum lent. ' Autichre-
afterwards added that of ' lucrum cessans.' tische Benutzung eines fruchttragenden
As ' damnum emergens' was not ascertain- Pfandes . . . war nach kanonistischen
able at the time of the loan, no covenant Begriffen nicht moglich.' Endemann,
could be then legitimately made for interest. 'Studien,' ii. 337. See also ^Y. J. Ashley,
Hence this clause of theAct. On the Con- ' Economic History.' I. ii. 425.
COURT OF REQUESTS Ixxix
against the mortgagors and, it may perhaps be inferred from the com- plaint, to have recovered damages, apparently violating at least the spirit of the maxim of law laid down by Coke, ' NuUus commodum capere potest de injuria sua propria.' ' He further entered into possession, presumably for breach of covenant, and refused to accept a tender of £40 made by the friends of the mortgagor. It is unfortunate that the statement of defence is missing, and that we are at a loss to know by what procedure the serjeant procured the plaintiff's imprisonment. The case, as presented by the plaintiff, affords an illustration of the vanity of usury laws, and of the legal chicane and fraud which we know from contemporary sources to have been rampant in the sixteenth century.^
The losses entailed upon individuals in consequence of successive tamperings with the coinage are disclosed by the case of Bostock v. Crymes (p. 191). A proclamation was put forth in 1552, the object of which was to readjust the exchange and lower prices ^ by rating the coinage more nearly to its intrinsic value. The testoon, or shilling, was to be taken at 9d., and the fourpenny bit as threepence. To the creditor who was paid before the proclamation, this was evidently a loss of 25 per cent. It was the same to the debtor, who after the pro- clamation could only discharge his debts in money which had cost him a shilling in goods or labour, but had now to be parted with as nine- pence. A sharp country attorney of a debtor resident in Cheshire, having presumably heard of the proclamation in Cheapside about half- past ten o'clock in the morning of Thursday, July 9,^ hurried down to St. Lawrence Lane, where the creditor Crymes lived, and tendered him the amount of the debt in coins reckoned at their customary value. The news, however, had travelled faster than the attorney,"
' ' Coke upon Littleton,' 148 b. base mony here styll and that onsse the
'^ The methods of evasion described by exsesse of the private gayne in quinynge to
Bentham are shown, by the writer's inves- other men, supposed as to the kynge, maye
tigation of the Eolls of the Court of Ex- be takyn awaye and also owre bare quyne
chequer, to have flourished during the six of whyte mony callyd doune to xv" the
teenth century. See ' Defence of Usury,' pound wyche altho' hyt be not I now yet
Letter viii. ' Works ' (1843), iii. 13. wyll hyt do grete sarvys for the tyme and
'■' This was a dominating anxiety among kepe owre golde here & olso kepe many
the statesmen and economists of this thinges at astaye wyche elles wyll come to
period. The measure taken in 1552 was a mesere.'
recommended, with the reasons for it, by ■* This date (see p. 195) settles a doubtful
WiUiam Lane, merchant of London, in a point, the proclamation itself, in the Society
lucid and interesting letter to Cecil, dated of Antiquaries, being undated. The procla-
Jan. 18, 1551 (S. P. Dom. E. 6, xiii. 3, MS. mation was drawn up on July 2, and a week
K. 0.). Lane says : ' In the mene tyme and allowed for its transmission to all parts of
owte of hand for gods sake forward summ the country. See R. Ending, ' Annals of the
remedy . . that we the merchants cary nat Coinage' (3rd ed. 1840), i. 320, n. 5.
awaye oil owre ryche mony and ieve the ' This seems the most probable story, as
Ixxx COURT OF REQUESTS
and Crymes refused to accept the debt except as rated by the pro- clamation. Bostock, the attorney, thereupon lodged a petition in the Court of Requests to compel Crymes to accept payment at the old rate. The result is missing.
The last ease in the volume is again illustrative of the confusion and ruin arising out of interference by Government with the course of trade. Since the Treaty of Utrecht in 1474,' the expression of the gratitude of Edward IV for their assistance in the recovery of his throne in 1471,- the Hanse, Easterlings, or Merchants of the Steelyard, as they were variously named, had enjoyed valuable commercial privileges. These, which had long been in jeopardy, were withdrawn in 1552, and the ruin of the original purchaser of the cloth in dispute, a Hanse merchant ' of greate welthe,' was a consequence. The creditor then sought to shift the responsibility on the plaintiff in the present case by a suit in the Court of Requests. In this he was unsuccessful, and after a lapse of seventeen years, according to the plaintiff's story, brought a fresh action founded upon the same transaction.^ The defence is missing.^
The remaining cases — with the exception of Jettour and others v. the Mayor of Hull (p. 35), which is sufficiently elucidated in the notes- are selected as giving a picture of the ordinary transactions of daily life, and need no special comment. The bills of costs on pages 38, 188, and 191 are of interest as showing that, with the best of intentions, it proved impossible to make litigation a cheap luxury.
In publishing these selections the judgement of the Editor has been largely guided by the sense that it was desirable to print as much of a case as possible. The papers appear to have been catalogued as they happened to be handled, with the result that the original chaos has been diminished but not remedied. It will be seen, for instance, that the case of Jettour (aHas Cotter) and others v. the Mayor of Hull is made up out of two independent bundles. Similarly with Burde v. Earl of
told by the witness Thomas Brencle (p. 195). extended to the Court of Requests or to
Woodall's evidence (p. 192) that the tender transactions of this class. See 21 Jas. 1, c. 16,
was made between seven and eight in the § 3 ('An Acte for lymytacion of Accions
morning is in itself unlikely, since Crymes and for avoyding of Suites in Lawe ').
would then have had no justificatiou in •• The only clue to the date of this doeu-
refusing the tender, and is uncorroborated. ment is the reference to the withdrawal of
' B. M. MSS. Lansd. 170, l!f. 234-5. the privileges of the Hanse seventeen years
- See p. 81, n. 1, infra. before. I have taken this to mean the
■' There was no statute of hmitation, nor decree of 1552, and not the final rescission
if there had been would it necessarily have under Elizabeth.
COURT OF REQUESTS Ixxxi
Bath (pp. 48, 54). Besides this difficulty the Editor has had to contend with that arising from the loss or defacement of some of the books of orders and decrees. The copyhold cases are among the few which it has been possible to present entire from plaint to judgement.
In giving biographical details of persons whose names appear in the text, the Editor has selected only a few relative particulars in the case of those whose careers are well known or are accessible in the pages of the ' Dictionary of National Biography.' On the other hand, where persons who played a considerable part in their day have fallen into oblivion, he has thought it desirable to give fuller details of their lives. Instances of this are the Pollards (p. 50, nn. 4, 5) and W. Fermour (p. 173, n. 4).
The Editor is under many obligations to the courtesy of Mr. E. Salisbury, of the Public Piecord Office, for facilities of access to the papers, and for assistance kindly rendered in deciphering faded parts of the documents. He also desires to thank Professor F. W. Maitland, of Cambridge, for valuable suggestions.
I. S. Lbadam.
March 31, 1898.
9. Appendix to the Introduction,
S. P. Dom. H. 8, iii. 571 (MS. R. 0.).
For thexpedition of poore mennys causes dependyng in the starred Chambrb It is ordred by the moste Reuerend father &c Thomas Lorde Cardinale chaunceler of Englond & thother lordes of the kinges mooste honorable^ that thes causes her mentioned shalbe herd & determined by the kinges councei- lours here vndre named Thewhich councelours have appoincted to sitte for the same in the White haule here at Westminster, vnto the which place the pleasure of the saide mooste Reuerent father &c & thother &c is that the
See p. xi, supra. - Sic. ' Council ' omitted.
Ixxxii
COUET OF REQUESTS
saide poore suyters shall resorte before the saide commissioners for the decision & determinacion of their saide causes as apperteineth where they shalhave herjaig with expedicion.
That is to say
Mylorde of Westminster ' Mr. Deane of Paules - My lorde of saincte Johns ■ Sir Thomas Nevyle ' Sir Andre we \Yiadesore '' Sir Eichard ^Yeston "^ Mr. Doctor Clerc " Mr. Kooper ^
• See p. 98, n. 4, infra.
2 Eichard Pace, born c. 1482 ; educated at Queen's CoUege, Oxford ; envoy to the Swiss, lolo ; Dean of St. Paul's, 1519 ; Pleader in Greek at Cambridge, 1520 ; Am- bassador to Eome 1321, to Vienna 1523 ; died 1536. ' Diet. Nat. Biog.'
3 Sir Thomas Docwra, Prior of the Knights of St. John, 1501 ; Ambassador to France, 1510, 1514 and 1518, to the Emperor, 1521 ; died 1527. 'Diet. Nat. Biog.'
* See p. cxv, n. 75.
^ Sir Andrew Windesore, Keeper of the Great Wardrobe under H. 7 and H. 8 (S. P. Dom. H. 8, i. 5490) ; a friend and trustee of the will ot Edmund Dudley, attainted in 1510 (ib. 1212, 1484, 1965, 5427) ; a Com- missioner of the Navy (ib. 5316, 5317) ; ' learned in the Temporal law ' (Wolsey to H. 8, Aug. 1517, ib. ii. App. 38) ; a Com- missioner for Inclosures, 1517 ; created a Baron, 1529 ; died 1543. See further, ' The Domesday of Inclosures' (1517, 1518), by the writer, i. 75.
« Sir Eichard Weston or Weyston, nephew of Sir William Weston, Grand Mas- ter of St. John of Jerusalem, and son of Edmund Weston, of Boston (0. Manning and W. Bray, ' Hist, of Surrey,' i. 135). At the accession of Henry 8, Weston was lieu- tenant of the castle and forest ot Windsor, a post to which he had been appointed by Henry 7, and in which he was confirmed by the new king (S. P. Dom. H. 8, i. 1705). On May 26, 1509, little more than a month after Henry's accession, he received three grants : first, the keepership of the park of Hanworth, Middlesex, with the farm of the manor of Cold Kennington ; second, the stewardship of the lordships of Marlow, Bucks, Cokeham and Bray, and Stratfeld Mortimer, Berks; third, the governorship for life of Gucrnsev, Alderney, Sark, itc, as
held by Edmund Weston and Thomas St. Martyn, deceased (S. P. Dom. H. 8, i. 92, 93, 94). On June 28 following he was made steward of the manor of Flamsted, Herts (ib. 231). He was soon afterwards nomi- nated a Squire of the Body, and received the grant of a wardship on Aug. 16 of the same year and another on Jan. 28, 1510 (ib. 424, 828). On Feb. 14, 1510, he first appears on the commission of the peace for Berkshire (ib. 885), on which he was frequently afterwards nominated. On the following Aug. 11 he received a grant of the manor of Ufton Pole, Berks (ib. 1207), and a licence to freight a ship with wools, to be shipped through the Straits of Morocco, i.e. probably to Italy, where he could secure a higher price than in the Calais market, through which all wools were compelled to pass. In April 1512 Henry lent him £250 (ib. ii. p. 1455). He was present among the gentlemen attend- ing the marriage of Henry 8's sister, the Princess Mary, to Louis 12 of France, on Oct. 9, 1514 (ib. i. 5483), and was knighted about the same time (see ib. 5684). On Dec. 19, 1515, he was appointed keeper of le Mote Park in Windsor Forest (ib. ii. 1304). In 1516 he was attached to the Eoyal Household as a knight of the Body (ib. 2735). On March 3, 1517, he was ap- pointed steward of the lordship of Caver- sham, Oxfordshire (ib. 2983), and on the following June 19 keeper of the royal swans on the Thames (ib. 3380). On Jan. 26, 1518, he was made keeper of the chase of Cramborne [ ? Cranborne] (ib. 3904). In the following September he was one of the ' gentlemen of the palace ' assigned to at- tend on the French ambassadors (ib. 4409). On the following Dec. 1 he received a grant of another wardship (ib. 4620)- His frequent signature (liic. Weyston) to the grant of wardships, and acquisition of them
COURT OF REQUESTS
XXXIU
B.
In the British Museum is a bound folio MS. ' Collections relating to the Court of Requests, tempp. Ed. Vl.-Jas. I.' ' It opens as follows :
Court of Request
Richard Oseley Esquire an Auncient Clarke of the King and Queenes Counsell in their Court of White Hall being Required about xix yeares since ^ by the then Lord Treasurer^ of Eno-- land to signifie his knowledge of the Antiquitie & Authoritie of that Courte, answered as followeth, amongst other things.
And whereas your Lordshippe demaunded of mee what Commissions they had that sate there, and what Antiquitye the Court was of, I humblie say, that for Commissions I never heard or knew of any but from the Princes mouth onely. And for the Antiquitie, I by tradition from my M^' & vncle my predecessour received that he did never know the beginnino- of the same, for it never was in question in his tyme, but that he did know one William Lacye to be Clarke of the same Counsell in King R, 3. his tyme. And that he continued about 2 or 3 yeares in H. 7*'' tyme And dyed and was buried in a Religeous house (called Rowncivall)"* And that after his
for himself, was clue to his office of keeper of the king's wards (ib. iii. 206, IG). On Oct. 2, 1518, he was a signatory of the Treaty of Universal Peace (ib. 44(39), and two days later of the treaty of marriage between the Princess Mary, daughter of Henry 8, with the Dauphin (ib. ii. 4475). He accompanied Nicholas West, Bishop of Ely, on his em- bassy to France in 1519 (ib. iii. 9, 57). On May 20, 1519, he received promotion at Court (ib. 246) and was granted an annuity of £100 for life (ib. 278, 20). His ' wages ' at Court, as Knight of the Body, in 1520 were £100 a year (ib. 1114, 1121, 10 ; iii. p. 1538). He attended the Field of the Cloth of Gold in 1520 as the knightly representative of Hants (ib. pp. 240, 243), was present at the meeting of Henry and Charles 5 at Grave- lines (ib. 906), and was a witness to the treaty signed at Greenwich between the King and the Emperor on April 12, 1520 (ib. 739, 2, 741). He appears to have been in Henry 8's confidence (ib 1233), and was a
member of the Privy Council (ib. 1266). He was afterwards Treasurer of Calais and sub-Treasurer of the Exchequer. His only son, Sir Francis Weston, was convicted of adultery with Queen Anne Boleyn and executed in 1536 (0. Manning and W. Bray, ' Hist, of Surrey '(1814), iii. 122). Sir Eichard died between 1540 and 1547. ' See p. cxiv. n. 64.
^ William Eooper or Koper (1496-1578), eldest son of John Eoper by his wife Jane, daughter of Sir John Fineux, Chief Justice of the King's Bench ; Clerk of the Pleas and prothonotary of the K.B. in 1523 ; biographer of his father-in-law. Sir Thomas More ; died 1578. ' Diet. Nat. Biog.'
' M.B. Add. MSS. 25, 248. On fo. 39" is apparently a draft or copy, prior to Sir J. Cifsar's corrections, of the printed portion ofhisbook, ff. 9-21'^ - I.e. 1573. ^ Lord Burghley. ' ' The hospital of St. Mary Eouncival,
e2
Ixxxiv COURT OF REQUESTS
decease M'' Eobert Sampson (who was my vncles M"") was a Clarke there. And after a few yeeres King Henry the Seventh seeing his Court pestered with sutours and sometymes out of due season, His Highnes did appoint divers of his Counsell to keepe termes in this White Hall as they now doe, and as in Registers may appeare. And I of mine owne knowledge did know in King Henry the viij*'' tyme, One Pheysey ' then Bishop of Eseceter to bee sent downe by the Kings 'Ma}'^^ to be the first ^ president in the Marches of Wales who (amongst others) had before been one of His Highnes Counsell in this Court. It should seeme that this Lacy had beene of some continuance in the same office for he was of good age when he died, And the tyme alsoe when he served was in division between the two Howses of Lancaster and Yorke (as your Lordshippe doth better know than I doe). By w*''^ meanes the Actes of the Counsell were not soe exactly kept and conserved as they are now by meanes of her Ma*'^* most blessed and peaceable Government whose prosperous estate I beseech God it may con- tinue to the worlds end.
My good Lord if it might please your Lordshippe to call one John Yavasor of New Lme gent, he can report of his owne knowledge what records of Pleadings he did find in the Tower of London for Mr. Henry Denny touching a cause in contencion between the Abbatt of Waltham, and a great noble man pleaded shortlye after the Conquest before the king then raining and his Comisell. Mr. Yavasor did see the Copies of divers plead- inges touching a matter before the then King and his Counsell Pleaded by the Abbot of Waltham against a Duke or a great Lord who was then Lord of Cheston. Mr. Henry Denny did shew the same pleading vnto him. They were had out of the Tower of London shortly after the Conquest. A° 1591.3 The 4 of February 34 Ehzabeth.
a cell to a Priory of that name in Navarre.' p. 1345.
It was founded by William Marshall, Earl ' John Veysey, alias Harman. See 'Trans.
of Pembroke, temp. Hen. 3. It occupied the E. Hist. Soc,' 1894, p. 98.
site on which Xorthmnberland House, Char- - This is a mistake. The first President
ing Cross, afterwards stood. It was sup- was William Smyth, bishop of Lincoln, in
pressed by Henry 5, together with the alien 1501. E. Churton, ' Life of Bishop Smyth '
priories, but refoundedasafraternitj-by Ed- (Oxford, 1800), p. 57.
ward 4 in 1476. It was finally dissolved by ^ I.e. O.S.
Henry 8. W. Maitland, 'Hist. of London,'
COURT OF REQUESTS Ixxxv
Herafter ^ f ollowe such orders and Eules as are appointed by the Kinges Ho. Counsell to be observed and kept in all manner of causes & suites afore them, to be heard in the court of Requests, ■w*^'^ herafter consequentlie ensue founde written in an old paper booke written by Robert Dacres esq' P. C. to the K. H. 8 and M. of Requests a° R. dicti Regis 35.^
First that all makers of Bills brought into the same Court subscribe their names, both to answers, Replicacions and Reioynders, and euery person omytting the same to repaie the fee by him receaued to the parties thereby hurte and damnified. And in case the same maker for lack of learning or knowledg shall otherwise penne or sett forth any poore mens causes cou- trarie to the truth or matter afore him shewed in writing, or other good or sufficient informacion to him evidentlie geuen, wherby the parties so greeved shall be compelled of reason to reforme and make newe matter by that occasion onlie ; then the maker to repaie his fee receaued, w*^ such other chardges as shall be thought requisite for his negligence or remisse doeing in that behalf.
2. Item that euerie person vpon his appearaunce by the Kinges Privie Seale, or otherwise bring their answere at the daie to them assigned by the Court. And in like case the Replicacion and Reioynder, and euerie partie that not performing to paie the partie thereby offended viij'^ by the daie, to be satisfied and deliuered immediatlie into y" Court, and so consequentHe for euery daie so assigned as aforesaid. The Court dayes therfore appointed of common course to be Mondaie and Wensdaie and Fridaie. Those dayes to be peremptorie to all parties for bringing their said answers Replicacions and Reioynders ; the same to be brought in their proper persons, and not by their Counsell learned, considering that therby arise chardges without neede.
3. That all gentlemen w'^^' bringe Complaintes to the Kinges Grace or his Counsell, not being his Graces howsehold, servants attendant vpon his person,'' having landes to the yearlie value of .^ Or all such other persons that haue goodes and chattells to the somme of ' be remytted to the common lawe, and in default of remedie there, to the Kinges high Court of Chauncerie, considering their suites to be greatlie to the hin- deraunce of poore mens causes admitted to sue to the Kinges Grace, and that all such persons be tried by their oathes, touching their landes and goodes.
' From Sir Julius Casar on the Court has been adequately discussed by Hallam,
of Bequests. MS. Lansd. 125, p. 169. Palgrave, and other writers, it has not been
Transcribed also in ' Collections relat- thought necessary to deal with it in this
ing to the Court of Bequests,' MS. B. M. introduction. The selections have there-
Lansd. 25248. See p. xxxi, supra. fore been omitted.
'^ I.e. following a number of excerpts from ^ 22 Ap. 1543-21 Ap. 1544.
' books of the Common Law * the Statutes ■* Cf. pp. xv, xxxiv, supra, and p. Ixxxviii,
affording evidence dating from the reign of p. 17, n. 4, infra.
Edward III, of the supreme judicial author- ^ Left blank in MS, ity of the King's Council.' A.> this subject
IxxXVl COURT OF UEQUESTS
4. Item that all persons contemning the Kinges Privie Seale to them deliuered be from henceforth chardged and chardgable w*'^ the payment of the second processe against them sued out in defaulte of their apperaunce if due prouf doe appeare of the first deliverie made accordinglie. And if not, then the plaintif to stande to his owue chardges.
5. Item that all gentlemen bemg learned in the lunges lawes having any cause for their clients to be heard and determined by the Kinges Counsell keepe three dayes appointed afore them, sitting the Courte, so that therby their Clientes may not be chardged w**^ double fees in default of their Counsell learned or of themselues for lacke of solliciting of them, \'pon the danger that may therof followe and ensue, w*'^ the payment of such Costes as shall be assessed to be paide by the offenders.
6. Item that all persons presenting Complaintes to the Kinges Grace or his Counsell, \f'^^ prosecute not the same during the space of one whole terme neither by himself neither his Counsell learned, nor sheweing cause sufii- cient to the Contrarie be compelled to paie the defendantes Costes, and the matter remitted to the common lawe.
7. Item it is ordered that noe person after his appearaunce made before the kinges counsell, departe before his answeremade and to them presented, and licence to them geuen in the Courte where they shall in like case enter the name of his Atturney and Counsell learned to speake in his absence, so therby noe delaie from henceforth be made and vsed to the hurte and preiudice of any partie, whether he be plaintif or defendant, that so wilfullie departeth noe licence had, w'^'^ daylie is vsed to the great hinderaunce and delaie of poore mens causes. And euerie offender in this behalf to be chardged w*^ such Costes as by the Kinges Counsell shall be awarded.
8. Item that all persons w"^'^ refuse or wilfully disobaie any decrees made by the Kinges Counsell supposing them to haue matter or title sufficient to disprove the same ; be vpon the said surmise so alleadged chardged to paie all such Costes as in the decree were awarded, and that done to be heard accordinglie. And in case the matter prove not sufficient in dischardge of the said decree then the partie to be compelled to paie all such other Costes, as by the Counsell shall be awarded afore his departure out of the Court or such other punishmentes as may be thought convenient for his Contempt in that behalf commytted and done, And over this, that the same partie so disobeying as aforesaid be examined who was his Counsellor or provoker to doe the same. And that proved and founde, the Counsellor to be compelled to paie all such Costes as shall be awarded and further to be punished as by the Counsell shall be devised.
9. Item that all bills presented and brought afore the Kinges Counsell, whereby yt may be knowen or seene, that the plaintif nor his auncestors haue not bene possessed of such landes, as are in the same complaint specified by the space of ^ the same parties and the matter by them brought to be remytted to the common lawe, and the Court therof to be dischardged foreuer. The parties in such case are to be examined by their oathes.
' Blank left in MS.
COURT OF REQUESTS Ixxxvii
10. Item that all persons wittinglie of their owne knowledg, w^'^ doe of their wilfull mindes provoke and hring afore the Kinges Counsell such causes as against them haue bene determined, either by the Courtes of the Kinges common lawes, the Courtes of Chauncerie Starrechamberor otherwise by their owne releases w"^ warrantie and such hke matter being against them a sufScient barre in the lawe, as now is dayhe practised by wilfull persons be dischardged of their suites and commanded to paie the parties Costes being so greeved and wilfullie vexed without iust cause. Ne also that noe woman being vnder Covert baron, their husbandes neither blinde ne lame be suffered to sue afore the Kinges Counsell, but such persons to be sequestred consider- ing their importune and vnreasonable requestes daylie vsed to the hin- deraunce of good matters.
11. Item that all bills concerning Copie hold landes (noe default alleadged against the Lord or his Steward) be alwayes remitted to the Lords officers of the mannour, wherof the landes are holden, there to be tried according to the custome of the same. And if default be supposed against the Lord or his Steward, then a Commission to be awarded to some indifferent gentle- men by the Counsell nominated to sitte with the Steward for knowledg of the truth in that behalf.'
12. Item that all persons w^^'' vpon their requestes, or suites made to the Kinges Counsell, doe obtaine and haue processe to them graunted and made vnder the privie seale doe fetch, and sue to the Clerk of the Courte for the same at tyme convenient and in default therof if the partie sufficient made processe to remayne aboue the space of one terme, the suter therof to be chardged w**^ the payment of the fees due to the Clerk.
13. Item yt is finallie ordered by the Kinges Counsell, to thintente that all manner of causes afore them depending may be well and indiflerentlie heard without any exclamacion, or intervptions of any persons standing, or being present at the hearing of the same that they and euerie of them not being Counsellours in the same cause, doe keepe silence without intervpting therof, vntill such tyme, as order in that behalf be had or taken, vpon the daunger and perill that by the said Kinges Counsell againste the offendours from tyme to tyme, shallbe by their discretions ordered and deuisedfor their condigne punishmentes in that behalf.
Of the above articles the first appears to be an honest endeavour to keep down the cost of legal proceedings and to protect illiterate suitors against a form of legal chicane, the multiplication of proceedings with a view to the increase of costs. The same motive, to avoid 'chardges without neede,' governs the second article excluding Counsel from the delivery of pleadings into Court. It would have been interesting to know the yearly value of lands or the sum of personalty which by the third article was fixed as the line qualifying litigants as poor men for the right to sue. In this article is also to be noticed the definition of the King's servants as ' attendant vpon his person.' It seems to follow from this that the appearance, already
' But the practice temp. Eliz. seems to have been otherwise. See the Earl of Bed- ford's letter, p. xvi, supra.
Ixxxviii COURT OF REQUESTS
noticed, of judges as plaintiffs, in all instances after tlie date of these articles, must have been by a removal of the cause on the part of the defendant from some other Court. If, however, by a legal fiction the judges were taken to be within the restriction, it is evident that its elasticity must have rendered it of little effect. Assuming the patriarchal view of kingship to have sug- gested the systematisation of royal justice, as traditionally practised, by the constitution of this Court, it is intelligible that the king's household should be privileged. It was an age of progresses, and the royal attendants would have enjoyed but rare opportunities to settle their differences either in the Courts at Westminster or in the Assize Towns. The fifth article is another attempt to limit costs by curtailing the privilege of Counsel, maintained to the present day, of accepting fees without attending a case. To be logical, however, the Court should have empowered Counsel to recover fees where services had been rendered. The sixth like the twelfth article is an endeavour to check ' the law's delays ' by insisting that a case entered should be carried through with expedition on the part of the litigants. The rule would have been more impressive had not the later records of the Court shown it choked with business, a fact of which we have already had an illustration.' The seventh article directed ' against the great hinderaunce and delaie of poore men's causes' by the wilful absence of defendants, taken in conjunction with the ' contemning the Kinges Privie Seale ' mentioned in the fourth article seems to hint at a disposition to contest the powers of the Court which came to a head under Elizabeth. It may be inferred from the language of the eighth article upon contempt of Court that this resistance was fomented by the Bar who are thereby held responsible for their clients' contumacy. The ninth article perhaps refers to those copyhold cases which, as we know, crowded the Court. They frequently arose out of endeavours on the part of the copyholders to transform copyholds for lives into copyholds in fee and on the part of the lords to repossess themselves of land which had descended in the families of copyholders for generations that they might grant it out upon leases re- serving rents commensurate with the improved agricultural values. The tenth article seeks to protect the poor litigant against a vexatious invocation of the process of the Court upon matters already determined at Common Law or in Chancery. The multiplication of suits was a favourite engine of oppression in days of imperfectly defined limitations of jurisdiction on the one hand and chaos of local franchises on the other.- The eleventh article is an indication of the diminished influence of the tenants of the manorial courts which becomes evident in the fifteenth century. With that decline, as I have elsewhere shown,^ came a corresponding enlargement of the protective power of the Crown. But the intrusion of Crown commissioners between the judge of the Court and the Lord's tenants was a new invasion of manorial rights
' See the letter of Lord Keeper Puckering, brought by a copyhold farmer Henry Selby
on p. xxxii, supra. against John Mulsho, the lord of the manor
- It seems sometimes to have been of Thingden, in 1526-34, ' Security of Copy- resorted to by poor litigants and to have holders in the Fifteenth and Sixteenth Cen- been favoured by the readiness of the turies,' ' Eng. Hist Eev.' 1893, p. 692,by the Courts to allow appearances ' in forma present writer, pauperis.' See the numerous actions ^ ' Trans. K. H. S.' 1892, pp. 228-246.
COURT OF REQUESTS Ixxxix
which could not fail, as the event proved/ to provoke the reseutiiient of the landowners.
As a matter of theory only certain persons and causes were entitled to come before the Court, though these classes were so large and so elastic that not many desiring to be suitors could have been excluded. ' The persons plaintifs and Defendants betweene whom they (the Court) judged, were alwayes either priuiledged as officers of the Court, or their seruants, or as the king's seruants or necessarie attendants on them ; or els where the Plaintifs pouertie, or mean estate was not matchable with the wealth or greatnes of the Defendant, or where the cause was specially recommended from the King to the examination of his Councell ; or causes concerning Vniuersities, Colleges, Schools, Hospitalles and the like.' ^ The other categories of causes cognis- able by the Court are distributed by Sir Julius Ctesar among the cross divisions of Maritime, Ecclesiastical, Temporal, and Ultramarine, ' but properly of Temporall causes, and onely of the other sort, as they are mixt with Temporall.' ^ These which would otherwise absorb the whole juris- diction both of Admiralty & Common Law are limited in a MS. note that such causes ' triable by the common lawe arc not to bee determined in this Court, vnles there bee some matter of equitie in them not remediable in their proper Courts ; videl : to remidie fraudes, breach of trust, extremity of common lawe, or vndue practises,' an apparent encroachment upon the province of the Chancery. We shall see presently that it is also embraced Criminal Law.
The extensive powers thus assumed by the Court are set out by Sir Julius Ciesar with the references showing that they had actually been enforced. Questions of title to and possession of land, especially as to copyholds, fines and commons, tithes, annuities, trusts, extents, debt with specialties and with- out, executorships and administratorships, contracts, villainages, watercourses, leases, covenants generally, highways, wardship, dower, jointure, escape, forfeitures to the king by recognisance or otherwise, riots and routs, forgery and perjury, where goods were seized as forfeited by the lord of any manor, or by force, cosenage or dishonest dealing, questions affecting the conduct of executors, questions of marriage settlements of lands or goods, suits for money due upon account or received by the defendant to the plaintiff's use, damages claimed for injuries sustained from violence — all these were tried by the Court of Requests.
9 Martii 6" Ed. 6'.^ A Commission to certaine Counsellours to heare and determine the suites preferred either to the King or to his Privie Counsell.
Edward the vj*'^ &c. To our trustie & right welbeloved Cosen & Coun- sellour John Earle of Bedford ^ keeper of our Privie Scale, our right trustie and right welbeloued Counsellour Sir Thomas Darcy knight of our order
' See p. xvii, supra.
- Sir J. Ceesar, fo. 12. References to the Court's books arc given for these propositions.
^ Fo. 12\ ' 1552. ■■ See p. 55, n. 1, inf.
Fo. 163.
Fo. 163 b.
XC COURT OF REQUESTS
L. Darcy Cliichey ' L. Chamberlaine of our bowse, Sir George Brooke knight of our order, L. Cobbam,- tbe right reuerend father in God Nicholas Bishop of London,^ our trustie and right welbeloued Counsellours Sir John Mason ^ and Sir PbiUipp Hobye' knightes, and our trustie and welbeloued John Cocke "^ and John Lucas *■ Esquires Masters of our Eequestes ordinarie greeting. Wheras through the great number of suites and requestes which be daylie exhibited vnto vs, and the importune calhng on of the suitors of all sortes the Counsellours of our privie Counsell have heretofore and yet be often tymes so encombred and overchardged as they cannot so well attend the great and waightie causes of our Estate Eoyall as were requisite, We minding the redresse therof , and being also desirous that suiters of all sortes aswell our owne subiectes as strangers, making their suites vnto vs or our Councell of estate may haue speedie answers, and be reasonablie dispatched without longe delaie trusting in your approved wisdomes discretions, and vprightnes haue appointed you our speciall Commissioners for the heareing examming and ordering of all the suites and requestes aforesaid and such other suites as to you altogether eight seaven, sixe five or fower of you shall be exhibited. And because the suites and requestes commonlie exhibited be of such seuerall natures as doth require seuerall orders and directions, We haue caused certaine speciall instructions signed with our owne hande to be made for the manner of your proceedinges & ordering of all sortes of matters according to their seuerall natures. Wherefore our pleasure and expresse commaundement is, that following th' order which we haue by our said instructions appointed you eight, seven, sixe, five or fower of you shall from henceforth diligentlie applie thorder and speedie dispatch aswell of all such suites and requestes as remayne not yet ordered, as also of all others that from henceforth shall in forme aforesaid be made and presented, straightlie chardging and commaunding all Justices, Mayors, Bayliffes, Sheriffes and other our officers ministers and subiectes, that they and euerie of them be to your ayding and assisting in th'execucion of this our Commission, as they tender our pleasure and will answere to the contrarie. In witnes &c. Teste Eege apud Westmonasterium 9° die ]\Iartii Anno Regni Eegis Edwardi sexti sexto.
Per ipsum Eegem.
' Lord Darcy of Chiche, co. Essex, 5 Ap. Ambassador to France, looO ; Privy Coun-
1551 ; K.G. ; died 1558. Nicolas, ' Hist. cillor, 1550 ; Master of Requests, 1551 ;
Peerage.' Chancellor of the University of Oxford,1552 ;
- Eighth Lord Cobham ; K.G. ; died 1558. Ambassador to the Emperor, 1553-5G ;
^ Kidley, born c. 1500, Fellow of Pem- died 156G. 'Diet, Nat. Biog.'
broke Hall, Cambridge, 1524; master, 1540; ^ Sir Philip Hobye or Hoby (1505-58),
bishop of Rochester, 4 Sept. 1547 ; of gentleman usher to Henry VIIL, knighted
London, 12 Ap. 1550-53 ; bm-nt at Oxford, 1544 ; Master of the Ordnance, 1545 ;
16 Oct. 1555. ' Diet. Nat. Biog.' bassador to the Emperor, 1548 and 1553 ; to
* Sir John Mason (1503-66), Fellow of France, 1551 ; Privy Councillor, 1552; died
All Souls College, Oxford, 1521 ; Secretary 1558. Ibid.
to Sir T. Wyatt, ambassador to Spain, ^ See p. cvii, n. 04.
1537-41 ; Clerk to the Privy Council, 1543 ; " See p. cxvii, n. 06.
COURT or REQUESTS
D.i
Articles ^ for the manner of the commission directed to certaine of the Privie Councell and others associat vnto them for the hearing and determyning of certaine requestes made as herafter fo. leii followeth.
The L. Priuey Seale
The L. Chamberlaine
The L. Cobham
The Bishop of London
Sir John Mason
Sir Philhpp Hobie
Mr. Cocke
Mr. Lucas.
The said Commissioners shall heare all such suites as shall come to the M"^ of Eequestes handes from the Kinges Ma*'^ or by th'order of the priuie Counsell for the State or such as shall be presented and deliuered by any suitors to the same Commissioners being assembled to sitte.
The M''^ of the Requestes or one of them shall make declaracion of the suites to the rest of the Commissioners when they be assembled beginning in order with such suites as be deliuered to them in order first (except there be any that seeme to concerne the state of the Kinges Ma"'') or that is or ought to be kept secreat and those suites shall be first considered and deliuered to one of the two principall Secretaries to be declared to the privie Counsell ^°- 1^^- assembled for the state.
Item vpon th 'other suites heard and vnderstod as many of the same as be determinable in any Courtes of equitie, or may be by honest gentlemen and Justices of the Countie convenientlie determined shall be distributed thether by indorsing vpon the bills of the same suites wordes of direction for that purpose, with the handes of two of the Commissioners, and the M'''^ of the Requestes or one of them, and the dale and place of thexpedicion therof, orells in cases to them thought requisite, the said Commissioners or sixe of them may write their letters to the same Courtes or gentlemen and Justices for th'expedicion and good order of the same suites.
Item such suites as be made for to haue payment of any sommes of money out of the Kinges Ma**^ Coffers for any debt alleadged to be due to them shall as cause requireth be participated to the Commissioners for thorder of the revenewes and for calling in of debtes and vpon answere or allowance had from them or by their order, or otherwise knowledg cer- Fo.iost tainelie had of the due therof, the same requestes shall be expedited and paid by warrant signed with sixe of those Commissioners handes at the least being assembled, or otherwise the suite to be determined yf noe cause be of the payment therefore, and such other suites as be made of peticion for
' See pp. xix, xxiii, supra. tin.r; to the Court of Ecqucsts,' B.M. MSS.
^ Also transcribed in ' Collections rela- Add. 25248.
XCll COURT OF KEQUESTS
rewarde of service shall be so considered, that there be iust reportes made of the parties worthines from them, vnder whom they doe or haue served, by reason of which service the peticion is made.
And in those and all other they shall consider by their wisdomes that the parties may be relieued and helped as reason is observing comon orders, as nigh as convenientlie may be th'avoyding of the lunges Ma^^* chardge.
Item they shall participat to the Commissions appointed for the fm-ther- ance of penall lawes all such complaintes as be made against any manner of person for the breaking of the same penall lawes or proclamacions for seeing that the same suites haue likelihood of truth for thavoyding of causeles vexacions or troubles.
Item they shall provide that noe manner of booke of any graunt shall be preferred or allowed by them to be had to the Kinges Ma^^^^ Signature, but that the same bill or booke shall be subscribed with the hande or handes of some ordinarie officers of the place or Court to the which the same booke shall be directed from the Signature, and remaine of recorde, or be otherwise expedited to th'intente that the laudable order of writing of the same be not abused to the damage or deceipt of the King ; and if the same cannot con- venientlie be so subscribed for lacke of such officers in progresse tyme, then two of the Commissioners wherof one to be M' of Eequestes shall subscribe the same.
And if any letter or booke shall be thought meete to the said Commis- sioners to passe to the Kinges Ma^^s Signature, the said Commissioners or sixe of them shall signe a brief or docquet in paper contayning th'eftect of the same booke or letter, which docquet with the booke shall be ioynthe presented to the Kinges Ma*^^.
Item the M''^ of the Eequestes shall keepe an ordinarie booke of th'expe- dicions of their sittinges, and speciallie observe the names of all such as shall receaue any benefit of the Kinges Ma*'"" with the brief cause of his suite graimted, that his Ma^^^ may therby with the more equalitie distribute his benefites vpon knowledg had who hath receaued the same benefites.
Item the same Commissioners shall diligenthe cause all false clamors to be punished, and th'obstinat and shameles haiinters of the Court to be bannished.
Item in suites for Almes mens roomes in the Kinges Ma''^^ colledg and Cathedrall churches, yt shall be a sufficient warrant for the graunting of the same being voyd to haue a bill therof subscribed by three of the said Com- missioners, wherof one to be of the M'^ of the Eequestes, and those bills to be assigned at the tyme of th'assemblies, and the grauntes to be made onlie to poore men, and speciallie to men hurte & lamed in the Kinges Ma'^^ service.
Item the said Commissioners shall also cause certificat to be made to them of the state and nomber of the same roomes from tyme to tyme as they shall see occacion.
Item they shall sitte nowe in the beginning as often as they shall see yt to be needfull, but afterwardes they shall sitt but once in the weeke, if the quantitie of the causes requireth not necessariely otherwise.
COURT OF REQUESTS XClll
Provided alwaies that the said Commissioners shall not by any parte of their Commission, or by theis instructions preiudice th'aucthority of the L. Chauncellour, or any other Courtes or places ordinary for Justice.
It is to be observed that whereas the name of Sir George Brooke is included in the original Connnission, it is not in the Articles. In other respects the Articles appear to represent the ' speciall Instruction ' spoken of in the Com- mission. Apparently the two Masters of Requests were overwhelmed by the nmltiplicity of business. The King therefore fell back upon the judicial authority inherent in the Privy Council, nominating six assessors. Their first duty was to systematise and reduce the arrears by remitting to Chancery or to special commissions in the locality in which the proceedings arose all cases so determinable. They were empowered to sit continuously until they had overtaken what remained of the business. Their essential character as a delegation of the Privy Council was marked by the instructions in accord- ance with which they were commanded to advise the King upon his grants.
E.
21 H. 7.'
The oth giuen to the Kings Counsell Judges of this Court.^
Yee shall be faithful and true Counsellour to our Soueraigne Lord, Henrie by the grace of God &c. and to his Counsell shall bee diligently attendant, and due and diligent attendance ye shall giue to the same, and in euery matter touching our sayd Soueraigne Lord his honourable suretie, or profit that shall come to your knowledge, or that shall be commoned or treated in his Counsell, ye shall to the best of your wisedome giue plaine and true counsell ; Not letting so to do for meed, dread, fauour or aflection, of any person of what degree or condition soeuer he be. The kings counsell, as long as it is ordeined to be counsell yee shall conceale and keepe secret, without disclosing it to any person though he be of the same Counsell, if it touch him, & that he haue not bene made priuie thereto. And if there shall come any thing to your knowledge that may be hurtful, preiudicial or dishonourable to our sayd Soueraigne L. ye shall let it to the best of your power, and assoone as yee goodly may, shewe it to our sayde Soueraigne Lord, or such of his Counsell, as ye shall thinke will shew it to him. All which premisses, and euery of them, ye shall well and truely keepe & obserue, so God you helpe and all Saints, and by his holy Evangelists by you bodily touched. fol. 56. In an olde booke of Presidents remaining amongst the Records of this Court.
The copie^ of mine oath when I was sworne M"" of Requestes 10 January 1590.'' You shall sweare to be a true Counsellour to the Queenes Ma*'® (as one of her M''^ of Requestes). You shall not knowe or vnderstand
' Aug. 22, 1505— Aug. 21, 150G. ' Old style. This identifies the writer as
" MS. Lansd. 125. This page printed. Sir Julius Off sar: see E. Lodge, 'Lifeof Sir
^ See p. XXX, supra. J. CiPsar,' p. 18. ' MS. Lansd. 125 in MS.
XCIV COURT OF REQUESTS
of any manner of thing to be attempted done or spoken against her Ma'^^ honour, crowne or dignitie Eoj-all ; but you shall lett and withstand the same to the vttermost of your power ; And either doe or cause yt forth- with to be reuealed either to her Ma*^^ self, or to the rest of her privie Counsell. And you shall to your vttermost beare faith and true alle- geaunce to the Queenes Ma'^*^ her heires and lawfull successors, and shall assist and defend all Jurisdictions, preheminences & aucthorities graunted to her Ma"® and annexed to the Crowne, against all forreyne Princes persons, prelates or potentates &c by act of parliament or otherwise. And generallie in all thinges, you shall doe as a true Counsellour ought to doe to her Ma*'-^. So God you help, and the contentes of this booke.
Actum Richmondie die et anno prfedictis, tunc et ibidem praesentibus Sir Christofer Hatton ^ Lord Chauncellour, William L. Burghley,- L. Threr, Charles L. Howard,^ L. Admirall, Henry L. Hunsdon,^ L. Chamberlaine, Thomas L. Buckhurstj^ Sir Thomas Henneadg '' knight, vicechamberlaine, Mr. Wolley ^ & Mr. Fortescue ^ esquires of her Ma'''^ most ho : privie Counsell, And Mr. Anthony Ashley ^ Clerk of the said Counsell.
Eosse. All Courtes in England haue their beginning by one of theise three wayes. 1. By graunte from the King. 2. By Parliament, 3. By vse and custome.
1. By graunt from the King and that three waies. 1. By Commission, as Justices of Eire, Justices of Assise, Justices of Oyer and terminer. Justices of nisi prius. Justices of Forest, and high commissioners. 2. By particuler lettres patentes, as the Court of high Constable, the Court Marshall, the Courtes of marketes newly erected, Courtes of faires, and Courtes leetes. 8. by generall constitucion & ordinaunce. So Edward the 1. King of
' Sir C. Hatton (15i0-91), of the Inner died 1595. ' Diet. Nat. Biog.' Temple, gentleman pensioner to Elizabeth, ' John Wolley, M.A. of Merton College,
1564 ; Privy Councillor, 1578 ; one of the Oxford, succeeded Ascham in 1569 as Latin
commissioners for the trial of Mary Queen of secretary to Queen Ehzabeth (S.P. Dom.
Scots, 1586 ; Chancellor, 1587 ; E.G. 1588 ; El. vol. xKx. 66, p. 331). Prebendary of
died 1591. ' Diet. Nat. Biog.' Wells in 1569, though a layman, and Dean
- See p. cxxiv, n. 182, infra. of Carlisle, 1578 (Acts of Privy Council, 2
3 The Admiral commanding against the January 1578). Sworn of the Privy Council,
Spanish Armada ; eldest son of William, Sept. 30, 1586 (S.P. Dom. El. vol.'cxciv, 65,
first Lord Howard of Effingham ; born 1536 ; p. 364). Chancellor of the Garter, 1.589
created Earl of Nottingham, 22 Oct. 1-596 ; (ib. vol. ccxxiii. 96, p. 592). He was also
died 1624. ' Diet. Nat. Biog.' Keeper of the Kecords of the Court of Aug-
■• Henry Carey, son and heir of William mentations (ib. vol. cclvi. 85, p. 184), and
Carey, by Mary, daughter of Thomas Boleyn, Clerk of the Pipe (ib. cp. ib. vol. ccxli. 124,
Earl of Wiltshire, sister of Queen Anne p. 213). He was a commissioner to try
Boleyn the mother of Queen Elizabeth; Mary Queen of Scots in 1586, and was
created Baron Hunsdon of Huusdon, co. knighted in 1592. He died at Pyrford,
Herts, 13 .Jan. 1559; E.G.; died 1596. H. Surrey, where he had a seat, in 1596. A.
Nicolas, ' Historic Peerage.' Wood, Fasti Oxon. i. 154.
^ Thomas Sackville, created Baron of ** Afterwards Sir .John Fortescue, eldest
Buckhurst, co. Sussex, 8 June, 1567 ; after- son of Sir Adrian Fortescue. He was tutor
wards Earl of Dorset ; E.G.; died 1608, ibid. to Queen Elizabeth, whose second cousin he
" Sir Thomas Heneage, eldest son of was. Chancellor of the Exchequer, 1589 ;
Eobert Heneage of Lincoln, auditor of the died 1607. ' Diet. Nat. Biog.' Duchy of Lancaster, M.P. for Stamford, " Of Wimborne St. Giles, Dorsetshire ;
1553 : Boston, 1563 ; Lincolnshire, 1571 and born 1551 ; made a baronet by James I. in
1572,' and Essex from 1585 till his death. 1622; grandfather of the first earl of
A courtier in great favour with Elizabeth : Shaftesbury ; died 1627. ' Diet. Nat. Biog.'
COURT OF REQUESTS XCV
England erected the Kinges Bench, the Exchei^uer, and other Courtes as appeareth by Britton.
2. By Parliament, as the Court of common plees by the statute of Magna Charta, 9 H. 3. cap. 11. communia placita non sequantur Curiam raeam, the Court of Augmentacions by 27 H. 8 cap. 27, the Court of Wardes by 32 H. 8. cap. 4G, the court of first fruites and tenthes, eod. cap. 45 and the court of Surveyors by 33 H. 8. cap. 39.
3. By vse and custome, as the Courtes of Counties Palatine, of Chester, Durham and Lancaster, the Court of Stanneries in Cornewall, the Mayors Court in London. So divers men have leetes by prescription. So the high Court of Parliament. So the Chauncerie, as yt appeareth by 28 E. 1. cap : 5.' So the Court of Starrechamber by 3 H. 7 albeyt yt was not then first instituted nor established for before that tyme, viz' 2 R. 3 fol. 9 yt is said that the King called into his inward Starchamber divers Justices, and demaunded divers questions of them. So by custome and vse the Court of Requestes is established, in the which causes brought before the Kinges Counsel! were discussed. And as the Kinges Counsell hath power in the Starrechamber to examine criminal! causes, so in this Court the said Counsell examineth private causes betwene partie and partie. Which court being first established for the ease of suitors, and having nowe contynued euer since 8 H. 7. is by contynuaunce of tyme fullie ratified Sc confirmed, without assistaunce of the Kinges graunt or Parliament.
F.2
Tytles of matters whereof I am charged to haue regard as a Counsellor and Secretary.-'
Memorandum. That all causes to be treated on in Counsell and resolved are ether only for her Maiestie or betwixt Party and Party, or betwixt some party (^ether subiect or stranger) and the Queenes maiestie.
The first doth handle principally questions and consultacions of State growinge from forrayne Advertismentes, or some extraordinarie accidentes within the Realme.
The second (between party and party) are verie seldome heard parti- culerly, but rather ended by overrulinge an obstinate person, whoe is made to acknowleidge his fault, or els the parties are remitted to some Court of Justice or equity, or recommended by some lettres to some Justices in the country to compounde the differences ether by consent of the Partyes or by direction. Or if the cause be great the (lords) to write letters to some principal! persons to haue some circumstances better vnderstood and examyned concerninge matter of fact, whereof the Counsel! cannot be so well informed when they haue only the suggestions of one partie agaynst an
' 'Le Eoi voet qe le Chaunceleiie e les ' S. P. Pom. El. vnl. cclxxiv. 118. (Me-
Justices de soen banc lui snivent.' moiandum by John Ileiljeit.)
- See p. XXX, supra.
XCVl
COUET OF REQUESTS
other, vppon which report it often happeneth that quarrelles and differences are taken vp by the Counsayle, when it appeares clerely who is in default.
When there is any thinge in question wherein the Queen is a Party, it is commonly ether the by ' breach of Peace or for some other Tytle.
If ther be breach of peace the lordes do ether punishe the offendour by commitment, or doe referre the matter to be further provided in, in the Starchamber, where great Kiottes and Contemptes are punished.
If it be matter of Tytle, then the lordes refer it to the Queenes learned counsell, and recommend the same to the Judges care.
If there be some suites to the Queene of poore men, then doe the lordes indorse their petitions with their opinions and recommend the dispatch to the Secretarie, or for the poorer sort to the Master of the Eequestes.
Endorsed. — 26 Sep"'. Matters whereof there is to be taken regard by a Counsellour and Secretary matters of State.
Courts of Equity. To the Earle of Northampton.^
Observations of the proceedings in the Court of Requests.
Concerning the BiUes there ex- hibited.
In this Courts many Bills haue beene exhibited without Advice of Counsell or subscription by any Counsellour but framed by some Attourneye, Solicitour Clerke or Scrivenour.
Herevpon it happeneth that many of their Bills are very Imperfect, some of them insensible and doe conteyne matter determinable at the Common Law.
Ynto the Bills the defendants Counsell doe demurre in lawe and then they Spyne and Trifle out one or two termes about the exceptions for the wearing and discomfort of the Clyents who knowes that this debate is not touching the Substance of the Cause but for matter of forme.
And if the Courte doe ouer rule the demurrer or that the defendant doe wave his advantages against the Bill, and doe put in his Answere whereby the cause proceedeth to Commission hearing and decree, yet the defendant finding the decree against him, to prevent execution therevpon will obtayne a prohibition at the Common Law vpon Informacion that the matter of the Bill and decree is determinable at the Comon Law, whereby the Subiect is much grieved and the Court reproached and disgraced.
' Sic ; ' by ' inserted with a caret.
- See pp. xlvi, n. 2, xlix, n. 4, supra.
^ Henry Howard, earl of Northampton, K.G. (1540-1614) ; second son of Henry Howard, earl of Surrey, and younger brother of Thomas Howard, fourth duke of Norfolk ;
created earl of Northampton 13 March, 1604 ; Lord Privy Seal 29 Ap. 1608. ' Diet. Nat. Biog.'
■" Collections relating to the Court of Be- quests, B.M. MSS. Add. 25248. In the same hand as f ol. 1- 2 b.
COURT OF REQUESTS XCVll
The Imitation of the course in Chancery removeth this Inconvenyence where no Bill is Received without subscription of a Counsellour at Law, who for his credit sake will take Care that the Bill be perfect and that the Surmyses thereof be agreeable to the course of the Court, otherwise the Bill (w'^'^ is the foundacion of the cause) being insufficient he can obteyne no decree at all and besides he is lyable to the costs of the Court.
The Orders of this Court doe often skirmish and encountereth with other ConceruinK vpon these causes following. there.
1. First by reason of private motions for some of the Courts. fo. 4.
2. Secondly, for that the last order doth not recite the former neither yet the matter Informed nor the Reasons that begate the Order as is most necessary for the vnderstanding of the Court and of continuall vse in Chauncery,
3. Thirdly for that there is not one person certeyne that doe alwayes sit Judge there, but they sitt by turnes and by starts.
Herevpon it followeth that the Counsell finding an Order against his Clyent, and happily iustly conceived, takes opportunity to move the Court in the absence of the Judge that made the order against him, and vpon some Coulerable pretence obteynes another Order, then Contrary or much Cross- ing the former Order, for that the Judge was not Informed of the last Order Neither doth the last Order conteyne vpon what Reasons the same was fo. 4 b. made.
The incerteinty of a person to sitt alwayes Judge in the Court is a great Cause of the facilitie and multiplicity of Orders, for it cometh often to passe that Counsell moveth in a cause wherein severall former Orders haue been made, and those graunted by severall Judges, so that these Orders are not pursuing each other but differing and not tending to the conclusion of the cause but to the lengthninge out and delay of the same for the great vexation of the Subiect.
Besides for want of one person certeyne to sitt as Judge in the Court a cause at the hearing is much confounded with sundry Orders w'''' also per- plexes the vnderstanding of the Court, Whereas if one person sitt alwayes as Judge, he can easily Remember the passages and former Orders in the Cause And the matter will appeare more readily for his capacity. And thereby he will be the better prepared for a speedy & direct Course of fo.5. Justice.
And further where dyvers sitte as Judges in a Court by turnes and tymes at their pleasures, the Clyent finds the way more easy for obteyning fauour in the hearing of his Cause.
This Court doth often suffer Counsell to excepte to their decrees, and to conperuing move that they may be qualified, or changed at least in some parte thereof thecom't! w°'^ beinge graunted, their decree is suspected, and much Impeached, for thereby it ensues that there is no certaine end of Causes.
Whereas m the Chancery the decrees there pronounced are final!, and the Court suffereth no man to speake against any decree or to exhibit any Bill to rcuerse a decree, vntill the decree be performed, nor yet then to
f
XCVlll
COURT OF REQUESTS
Concerning Refez"euces.
Concerning
the Attour-
neyes of
the Court.
Concerning allowance in forma Pauperis.
exhibit any Bill to reuersti a former decree but vpon new matter not conteyned in the former Bill or proof es.
This alsoe comes to passe through the interchangeable sittings of the Judges, and their ouermuch facility or affection to grace & gratifie their friends. 1 But this makes the Clyent to murmure, for that he findeth no end of his Cause, and the Court to be contemned.
Besides at the hearing of a cause the Judge will often demaund the opinion of some at the Barre touching question in Law which doth much Impaire the Estimacion & Eeuerence of his Court.
It is often vsed by the Court that when a Cause hath long depended and is ready for hearing and some tymes heard, the Court doth many tymes referre the hearing and ending of this Cause to Knights and Gentlemen in the Countrye, whereby the Clyent who offers^ long suite and great expences in the cause expected a finall end thereof receiveth onely an Order an Order ^ of Eeference for an arbitrary end in the Countrye by persons who many tymes vnderstand not the Cause.
This sometymes proceedeth from the Counsellwho finding that the Cause will be "decreed against his Clyent Aduiseth him to labour to some of the Court that the Cause may be referred to some in the Country of purpose to tyre the Aduerse partie, or to gaine something by the Composicion.
This Eeference sometymes alsoe proceedeth from the motion of the Court, who finding that the decree wilbe frustrate by a prohibition are con- tented to declyne their disgrace therein by making these Eeferences ; but herewith the Subiects is much grieved, and is better satisfied with a decree against him vpon a Judiciall hearing then with such a Eeference, for such an end the Clyent could haue had in the Country before he began his suite or spent any money in the Law.
The Attourneyes and Examiners of the Court are meane. Ignorant & of meane estimacion and such for the most part neither know nor observe the Orders of that Court or of the Chancery, for these Attourneyes are meane Not trayned vp in the Court, but such as comes in by deare purchase, who to grace themselves, and gaine Clients, doe often contest with the Counsell at the Barre, & doe make a confused noise and a clamour in the Court, without any Eeuerence or respect of the Judges.
The Court suffering this vnseemly behaviour in the Attourneys doth make Counsell of Accompt vnwilling to come thither and much detracteth from the dignity of the Court.
Whereas the Order of other Courtes is, that Attourneyes are silent, vnlesse they are questioned, & serue onely to Informe the proceedings of their Clyents Causes, and the course of the Court.
Licences to sue in forma Pauperis are there too frequent before the Court be sufficiently Informed of the just Cause of their Complaint wherevpon it followeth that bee that sues in forma pauperis bringeth vpp three or foure deff '""^ out of the remote partes of the Eealme, and there keepe them long in suite, and in the end no Cause or matter appeareth to the Court to give them
See p. xviii, n. 1, supra.
- Sic. Qu. for ' after.'
' Sic, repeated.
venienci;!,.
COURT OF REQUESTS xcix
Reliefe. And yet the defendant is without any Kemedy for his great Costs and Charges, whereas if the Court would not allow any but vpon Certificate from three Justices of the Peace adioyning, or vpon some other Examinacion that his Cause of Complaint is Just and alsoe of his disability this would fo. 7 b. prevent much vexation.
But the great and mayne blemish of this Court is the frequency of Pro- Pmiubi- hibitions which are graunted against the Orders and decrees of this Court '''"'"'• proceeding partly from the Causes aforesaid and others.
These defects and blemishes were easily cured, if it pleased your Lord- Ti.e Eeme- shippe to grace and honour the Court sometymes with your presence these iaco"..- especially at the hearing of the principall Causes, and that hee who did alwayes sitt there as Judge, did give your Lordshippe a daily accompt of the proceedinges and accurrences ' of the Court, for this Court well ordered would be much to the honor of his Ma"^ and to the ease and contentacion of his Subiects.
For albeit the Court of Chancery is now furnished with Judges of great justice wisedome & learning, Neuertheles the Clerks of that Court who buy their places at great Rates, and ought to Eanke their Clyentes Causes for hearing according to their dependencies in Court, doe now sell their hearings at excessive Rates whereas in this Court the Clyente hath his Cause heard at the motion of his Attorney or Counsell, w<='' is but a finall charge to the Subiects.
H.^
To the King's most ExcelleMt Majesty. The humble Petition of the Masters of Requests to your Majesty.
Most Gracious Sovereign
Whereas there hath lately some Question arisen about the placing & precedency of y^ Masters of Requests to your Majesty Though for our own parts we hold our selves contented with our present Condition yet we think it our bounden dutys for the honour of your majesty in the place wherein we serve about your royal Person and for the Countenancing of so Publick ministers of Justice, we holding the place of Judges of Equity under your Majesty in the Common wealth, in all humility to besech your gracious determination and decree therein.
We find amongst the records of your Majesty's Court of Whitehall that in y^ times of divers Kings of this Realm those that then supplyd the same place of Judicature w*"'' the Masters of Requests now do were of the privy Counsell to the King.
of the Masters of Requests to (Charles I. ?)
Sic.
B.M. MSS. Add. ()297, p. 303. Petition relating to precedency. See p. xli, supn
t-2
C COURT OF REQUESTS
The masters of Requests at this day take the Oath of Coimsellours to your Majesty at the Counsell Board & have no other authority for the Exe- cuting of the places of Judges of Equity but as Counsellors to your Majesty, all Bills in the Court of Whitehall being preferred to your Majesty alone, and by the Custom of that Court a master of Requests hand is a warrant to your Majestys privy Seal.
By his late Majestys decree & establishment of precedency the privy Counsellours of his Majesty his heirs & Successours the master of the Rolls & the Judges & Barons of the Exchequer by reason of their hon"^ Imploy- ment of State & Justice have their Places ascertained. How far your Majesty will please to allow the masters of Requests the Quality & Priviledge of the one or of the other or of Both we humbly submit it to your majestys wiser Judgement. The state of France from whence it is thought the title of M"" of Requests hath been taken up in this kingdom place the M" of Requests near the primier presidents in the Courts of Parliament and we humbly beseech your Majesty will please to be informed what hath been the ancient Usage here.
We will trouble your Majesty with no further Reasons but most humbly prostrate ourselves our Conditions & Estates at your Majestys feet and pray for your long life & happiness.
A note of sundry petitions to King Charles II. in his Court of Requests. Sir John Berkenhead, knight, M" of Requests.
Audience at Wliitehall, March 7'^ 166f.
Petition of King's Answer.
1. John Wynyard, for Reversion of 1. Granted; if in king's gift, and his Place askeeperof the Pari' Cham- not in L'^ High Chamberlain's.
ber, to his wife.
2. Captain William Gardner, for y« 2. Granted ; after such (if any) next poor knight of Windsor's Place. Reversion is filled.
3. Wilham Griffith, for his services 3. Granted ; a Privy- Seal for £100. and expenses in His Maj"^^ Service
under Mr. Coventry ■ in Sweden.
4. Yeomen of the Guard, to assign 4. His Majesty will give them a a Summ of y^ £80,000 given to the good share of y^ said £80,000. Guards out of Poll-Money.
0. Robert Bishop, for a small Per- 5. Granted, sonal Estate left by Isaac Pluvier an Alien Dutchman.
' B.M. MSS. Lansd. 0.38, fo. 12-14. See - Henry Coventry, Ambassador to Sweden
p. lii, supra. in September 16C4-1666.
COURT OF REQUESTS
CI
Petition op
6. John Lacy, for y« Reversion of y*^ keeping of y^ lions after Mr. Marsh.
7. Thomas Frere Ship-chandler, for a Fly-boat of 220 Tuns.
8. Adrian Bulter y*^ King's Cabinet- maker, for £80 for work.
9. Thomas Frere, Ship-chandler, for leave to erect a convenient Store- house for Merchants powder.
10. Henry Loader (His Maj"^^ Anchor-smith) that £'1972 lately ordered him may be admitted part of his payment for security of y*' Excise at Bristol.
11. Francis Pardiny, for a Lease within three years expired in North- hamptonshire.
12. S"^ George Reeves for £1000 Fine sett by y® House of Commons on Thomas White.
13. S" Ernestus Byron, for the Escheatours place of the Barbadoes Void by his Brother-in-law's Death.
14. George Rodney, Esq'' for Trees or Money to repair Lindhouse in New Forest.
15. Major Richard Jones, for 20** per diem Pension to be paid by S"" Stephen Foxe.
16. Cap*^ Robert Davies, for y° same Pension.
17. Richard Vaughan, a poor Knight of Windsor, having lost his eyes, to live with his friends, who will take care of him.
18. John Wilson, for an empty Hoy of 25 Tuns.
19. John Singleton, of His Ma"^* Musick, for some of his Arrears.
' Eobert Bertie, eldest son of Montagu Bertie, Earl of Lindsey. Both father and son held the office of Lord Great Chamber-
King's Answer G. Granted.
7. Left to ye Com'•^ And he shall have his money.
8. M"" of Requests to finde out some way for present payment, except Privy-Purse, where there is no money.
9. Granted; if Com-"^ of Navy think fitt.
10. Referred to the Lord Treasurer.
11. Referred to M"" Solicitour to see if inconvenient for His Maj^y. And if not, granted.
12. Granted, when it comes to the King.
13. Granted, if not within y<^ grant of ye L^ Willoughby.'
14. Referred to y^ L** Treasurer to finde a way for y^ speedy repair.
15. Granted; if S' Stephen Fox have any of that Money ; and he to assign the Garrison.
16. The same Answer.
17. Referred to y^ Dean of Windsor,- if y® Rules of y^ Order will permitt to grant it.
18. Referred to y^ Ll"^^ Com-^^ for Prizes.
19. His Maj'y will take order for speedy payment ; & M"" Singleton in y® interim to finde somewhat in His Majestie's gift.
lain. Nicolas, ' Hist. Peerage.'
- Bruno Byves, D.D., 1660-71. Neve.
Le
Cll
COURT OF BEQUESTS
Petition of
20. Sir Hugh Miciaieton, to be commended to y^ Lord Major &c^ to be Treasurer of y® Coal Money.
21. Francis Creighton, for pardon of Man-slaughter in Scotland 2 years since.
22. Robert Douglas for pardon of Man- slaughter in Scotland.
23. Capt" Thomas Writtle, for one of two small vessels, prizes, called The Leyden, or y® yacht Eeles.
Endorsed. — ' Memoir of Sir J. B's IGGti.'
King's Answer
20. One named to the Place before y'' ParP prorogued : but His Maj''' will doe him a far greater courtesy.
21. Referred to L'' Lauderdale, to Report.
22. Referred to L^ Lauderdale, to Report if y*^ state of the Date be true.
23. His Majesty is engaged to y° Lords Com'■^
x\udience at Whiteh(all) March 1^^,
A note gathered out of certen olde Registers remayninge amongest the recordes of the Courte of Requestes of the names of suche Counsaylors as were appointed for the hearinge of causes in the same Courte in the tyme of Kinge Henry the VIP** King Henry the VHP'', etc.
|
Anno viij. H. vij™ ' |
Anno ix" H. vij"" |
|
Bathon P. S.'^ |
Dns. P. S.-^ |
|
Roffen elect.3 |
Sarum^o |
|
Janne '^ |
Roffen » |
|
Baylye''^ |
Decanus Capelle'- |
|
Myddleton '' |
Dns. Senescallus-' |
|
Blythe' |
Braye'' |
|
Warham ** |
LovelP |
|
LovelP |
Reede'" |
|
Reede^o |
Anno ix" H. vij-"' |
|
Dymmocke ' • |
Custos P. S.-^ |
|
Mr. Arundell '^ |
Sarum ^^ |
|
Guilforde'^ |
Rofien^ |
|
Decanus Capelle '•' |
|
|
Anno ix" H. vij'"' '* |
Sheft'elde doctor-'-^ |
|
Dns. P. S.'^ |
Ma-yowe doctor-'^ |
|
Decanus Capelle ''^ |
Comes Kancie^^ |
|
Dns. Daubeny '"^ |
Braye '7 |
|
Wareham ^ |
Loveir-' |
|
R. Braye miles'^ |
Reede'" |
|
Empson '** |
Mordaunte'^- |
B.M. MS8. Burgblcy Papere, xii. p. 124.
COURT OF REQUESTS
Anno ix° H. vij"'" '^ Epus. Bathon ^ continue Epus. Exon.^*' Epus. Roffen^, continue Dns. Prior sci. Johis Hierusalem '-'^ Dns. de Daubney '^ Dns. de Broke -^ Dns. Willmus Hussey"'^^ Robertus Eeede'° Johes Kingesmell ^'^ Andreas Dymmock^^ Reginaldus Braye ^^] Ricus. Gilforde'^ [milites continue Thomas LovelP j Janne '^ )
Ainesworth '*- - Doctores. Warham* J
Anno x" H. vij'' Epus. Bathon P. S.^ Epus. Roffen^ Decanus Capelle^''
Presidens Collegii Magdalene Oxon '^^ Raynolde Braye '^ Thomas Lovell» Mayo we ^^ Myddleton*^ LovelI9 Wyotte^' Marten 3*^ Dns. Derbye^'^ Dns. Dawbney'^ Turbervile^^ Fytz James ^^ Dymmocke, sohcito''^' John Morgan ^"^
Anno xj" H. vij <' Thomas Roffen^ Dns. Welles 42
The names of suche Counsaylors as in the tyme of Kinge Henrye the viij*''.
Anno iiij H. viij "' Thomas Wolcye, elemosinarius^^
Anno xj H. viij " Johes. Gierke decanus Capelle^^
* Sic.
Doctores
Decanus Capelle''* Decanus de Windesor '"~} Decanus sci. Stephani''^ Ricus. Myddleton^ I
Ricus. Fytz James ^^ Ricus. Hatton'*^ Willmus. Tunstall^'^
A" Supradco. Decanus Capelle'-^ Digbye miles'*'' R. Ridon^7
A" xij. H. vij" Epus. London''^ Roffen electus''''' Decanus Capelle'-^ Ricus. Hatton doctor '^ Carolus Somerset miles'^'
A" xiij H. vij " Epus. Dunelmen-^^ Epus. London ^^ Decanus Capelle'-^ Nickes Doctor''^ Viscount Welles ^2 Dns. Dacres'''' Ricus. Pole miles'''' Sutton iurisperitus ^'^ Robertus Shirburne ^^ Robertus Myddleton^
A" xiiij H. vij ^^ Epus. London-*^ Epus. Roffen '^o Decanus Capelle'^ "^ Janne ■* Martine^*^ Myddleton" Nickes ^4 Bainebrige *'" Ricus. Sutton iurisperitus'^^
did sytt in the Courte of
Ricus. Rawlens, elemosinarius^'^ Rogerus Lupton, prepositer * Eaton '^'^
Anno xviij" Doctor Bonar^^
rdoctores
de
CIV
COURT OF REQUESTS
The names of such counsaylors as in the Kinges Court of Eequestes.
Anno xx" H. viij •*' The Bisshoppe of Lyncohie ''^ Doctour Sampson, deane of the
Chappell"^ Doctour Wohnan''^ Doctour Rowland, vicar of Croydon ^^ Doctour Lupton^"^ Doctour Cromer'^'* Sir Thomas Novell, knighte''-^ Sulyarde'^ )
Sainte Jermyne''^) Thabbott of Westm^^'^ The Bisshoppe of St. Assaphe^'* The Lorde of St. Johns Jrlm.^o Sir John Husseye^' |
Sir William Fitzwillm.^^ rknightes Sir Roger Tovi^neshende**'') Sir Nichas. Hare before he was
Justice in Wales *^ Sir Robert SowthewelF'^] Sir John Tregonwell^^ | Willm. Peter, doctour'^'' j Robert Dacres, esquier^** Epus. Westm'-*'^ ] Epus. Roffen.i'o ' Wilimus. Petre"J Sir Nichas. Hare returned from
Wales "1
were appointed to sytt together dayly
Tempore Eclwardi Sexti. Sir Nichas. Hare^* | John Cockes, Esquier^'-' Epus. Westm^89 Doctor Mey, Deane of Paules"' Doctor Tregonwell ^''' Doctor Cooke, Deane of Tharches^^ Doctor Reede'-** John Cockes, esquier^^ John Lucas, esquier^*" Doctor Meye, Deane of Paules"-* Doctor Tregonwell ^^ Doctor Cooke ''^ Doctor Reede'^''
Tempore Eegine Marie. Thomas White, knight ^^ John Throckmarton, esquier^^ Doctor BoxolP^ Sir Richarde Reede^'
Tempore Eegine Elizabeth. Walter Haddon, esquier, doctor of
lawe'«o Thomas Seckford, esquier ^''^ The Bisshoppe of Rochester •"'^
The names of suche Counsaylors as satte in the Courte of Requestes in
the tyme of Kinge Henrye the Seaventhe.*
Epus. Bathon^ Epus. Exon.-** Epus. Rofi'en.^ Dns. prior sci Johis'-^ Dns. de Daubeney '^ Dns. de Brooke'-** Dns. Willms. Hussey^^ Robertus Eeede'" Johes. KingesmilP" Andreas Dymmocke-^'
* Another paper in a very similar hand, but in dil'fcreut ink, indorsed ' Counscllours
Reginaldus Braye "■ Ricus. Gilfforde ^^ Thomas LovelP
Turbervile-'* Thomas Janne^
Aynesworthc"'-
Warham '^ Thomas Roffen.^ C. Somersett, miles'"'' Ricus. Hatton^^
sitting in ye court of Requestes. Tempore llegis Henrici Septimi.'
milit. continue
doctores continue
COURT OF REQUE.sTS
Kobertus Myddleton''
Eicus. Fitz James ^^
Epus. London'*^
Dns. Welles "2
Dns. Dacres^'^
Eicus. Pole, miles''*'
Decanus Capelle'*
Eicus. Mayoe-'^
Epus. Dunelmen.2
Epus. London ■''•^
Viscounte Welles''^
Dns. Dacres'^'^
Eicus. Pole, miles''^
Decanus Capelle''
Sutton iurisperitus" Nickes, Doctour^'^
Thomas Eoffen ' Eicus. Fitz James ^^ Jolies. Morgan ^^
Martin -'" Willras. Grevile'o^ Thomas Eoffen^ Dns. Welles ^ 2 Decanus Capelle''"' "}
Decanus de Windesour^" Decanus Scti Stephani^^ i Eicus. Myddleton'' j-doctores.
Eicus. Fitz James ^^ Eicus, Hatton'*^ Willms. Tunstall^'^
The names of suclie Counsaylours as sate in the Courte of Eequestes in the tyme of Kinge Henrye the eighte.*
Doctor Veysey, Epus. Exon'*'* Doctor Stokesley, Epus. London "^'^
20 H. 8. Epus. Lyncolne'^** Epus. Assaphen'^ Dns. Abbas de Westm""'^ Dns. Scti Johis. Jrlm.**" Decanus Capelle^' Doctor Wolman^'-* Doctor Eowlande'^ Doctor Liipton*'*' Doctor Cromer ^^ Thomas Nevill''' \
Johes. Husseye^' I
Willms. Fitzwillms.'^^ milit.
Eogerus Townesende *^ j
ordinar.
Sulyarde'*'
St. Jermyne^^ Thomas Wolsey,''- Elemosinar. Thomas Englefeilde,"^*' miles ordinar. Eobertus Sowthwell,^'"' miles ordinar. Eobertus Bowes, '"^ miles ordinar. Eobertus Dacres,^^ ar. ordinar. Doctor Petres^^
Tempore Edwardi Sexti. Doctor Thirlebie, Epus. Westm.**^ Doctor Meye, Decanus scti Pauli^^ Nichus. Hare, miles ^^ ^' Johes. Cockes, armig.^^ Doctor Tregonwell*^ Doctor Cooke »* Doctor Eeade^'' Johes. Lucas, armig. ordinar.^^
rdinar.
* Another paper in a similar hand in- dorsed ' Counsaylours sitting in y" court of Requestes Temporibus Kegni Henrici Oc- taui et Edwardi Sexti.' An outer sheet is indorsed ' The names of suche Counsail- lours as did sitt in the Courte of Eequestes in the tyme of King Henry the vij"', King
Henry the viij"', King Edwarde, Quene Marye, and the Quenes Ma""' that nowe ys Quene Elizabethe.' In another hand, 'Ab Octauo Henrici vij"" ad 12 Elizabethe. Judges in y" Court of requestes mccccclxix. Eequestes. Ireland. W™ Shelly, mint.'
COURT OF REQUESTS
K.
A Memoriall of the names of such Counsellours as have beene appointed by the late Kings and Queenes of this Eealme, to sitt for the hearing of Causes in this Court of Whitehall, Commonly called the Court of Eequests.*
Tempore H. 7. Epus. Bathon, P. S.^ Custos et presi-
dens Rcffen. Elect.3 Janne'* Baylye ^ Middleton '^ Ely the ^ Wareham ^ LovelP Eede'o Dymmocke ' ' Arundell''^ Guilford '3 Epus. Exon^s Epus. London^-' Dns. Prior sci. Johis.^^ Dns. de Daubeney ^^ Dns. de Broke ^^ Dns. Willus. Hussey-^ Johis.f KingsmelP" Reginaldus Bray,'^ miles Custos ro-
tulorum Aynswoorth, doctour^^ Decanus Capelle^'^ Empson^* Dns. Senescallus^' Sheffeild, doctour^^ Mayowe, doctour^^ Comes Canc.'-^ Mordaunt ^''
Presidens Collegii Magdalene Oxon ^^ Wyot^"^ Marten 3^ Dns. Derby" TorbervilPs Fitz James ^^ J. Morgan "0
D.Wilts "53
Decanus de Windesour^^ Decanus sci. Stephani^^ Ricus. Hatton'*'* Willus. Tunstall^"* Yicecamerarius "5^ Somerset, miles'^' Digby, miles'*^ R. Eydon^7 Epus. Dunelmen.-^' Nycks, doctour-^'* Viscount Welles ■*-^
D. Dacrees'^^ Eicus. Pole, miles '^^ Sutton, iurisperitus'"'^ Eobertus Shireburne '^^ Baynebrige''''
G. Symeon'^ Edmundus Dudley ^^'^
E. Dury,t miles''^ E. Vaughan^^^
Tempore H. 8. T. Wolsey, Elemosinarius "^ J. Clerke, deane of y'' Chappell ''■* Eich. Eawlens, Almoner^' Eoger Layton, Provost of Eaton '^'^ Edmond Boner '^^ The Bishop of Lincolne^" Sampson, Deane of the ChappelF' Doctour W^olman^^ Doctour Eowland, vicar of Croydon^^ Doctour Cromer^"* Sir Tho. Nevill, Knt.^-^ W" Sulyard^e
Saint Jermin "^ Thabbot of Westm."* TheBish. of St. Asaph "^
B.M. Add. MSS. 25248, fo. 8.
t Sic.
COURT OF REQUESTS
evil
The Lord of St. Johns Jerusalem'*"
Sir John Husse'^'
Sir W™ Fitzwilliam, Knt/^
Sir Roger Townesehend, Knt.**'*
Sir Nichols. Hare*'^
Sir Robt. Southwell'^''
Sir John Tregonwell **''
Wm. Petre, Doctour^^
Robt. Dacres, Esq,^*
Epus. Westm.«»
Epus. Roffen.^"
Sir Robert Bowes '"^
Jo. Vesy, decan.'"^
Johis.* Gerbert, Ar."^^
John Stokesley'o-^
Inglefeild^oe
Ricus. Epus. Chichester^'
Tho. Thirleby ^^
Edw. Carne '^i
Tho. Dacres, Esq.'ss
Nichus. Bisshoppe of Worcester "^^
Tempore Edw. 6. Sir Nichus. Hare^-* Jo. Cokkes, Esq.92, i34 Epus. Westm.**'-'
Doctour Mey, Deane of Paules -'^ Sir Jo. Tregonwell '^'' Doctour Cooke, Deane of the Arches-'^ Doctor Reede^'^ Sir Roger Towneshend^^ John Lucas, Esq.'''^ Tho. Bp. of Norwich '32
Sir Rich. Reede, Knt."-^ Willra. Cooke. Esq.^"
Tempore Regis Phi. et 11'"= Marie. Sir Tho. White" Jo. Throckmorton,"*^ Ar. Doctour BoxolP-' Sir Rich. Reede''"'
Tempore Eegine Elizabethe. Walter Haddon'»o Tho. Sokford*, Jur. per."" Tho. Wilson '=^6 Sir W- Gerard'"
Lewes, doctour '^^ Valent. Dale, d"'-i» Rd.t Rokeby, iurisperitus "** Jo. Herbert, Ar.'^' Julius Cfesar, legum d' '^- Willms. Aubrey, legum d"" '^^ Rogerus Wilbraham, mil.'^' Daniellt Dun, mil.''''^ Xoferus Parkins, mil.''"'
Tempore Regis Jacobi. Thomas Smith, miles'^" Johes. Daccombe, miles''" Radulphus Winwood, miles '^^ Sydneus Mountagu, miles '^'^ Robertus Naunton, miles '^^ Lionellus Cranfield, miles '^•'' Radulphus Freeman, miles'^** Johes. Sucklin, miles '^^ Edwardus Powell, mil. & Baron' '^^ Johes. Cooke, mil.'^^
Tempore Regis Caroli. Thomas Aylesburie, Baronet'^" Robertus Mason, Legum doctor'^' §
To the above lists may be added
Sir William Cecil '^^ Sir John Fortescue'^'
Sir Arthur Duck "*< Sir Thomas Ry ves '
Sic.
t Sic, for Ralph.
X Sic, for David.
§ In another hand.
CVlll
COUllT OF REQUESTS
L.
' The names of such as have sat in the Star chamber since the of K. H. the 7 & vntill the 4 & 5 of P. & Mary.'*
yere
9 H. 7.'* Episcopus Exon.- custos P. S. t Episcopus Roftensis^ Dominus Prior Sancti Joannis-^ Dominus Brooke,-^ Senescalhis Hos-
pitii,2i L. Stuardio^ Dominus Gulielmus Hussey,^^ Pri-
marius Justiciarius Reginaldus Bray,'^ miles, Cancel-
larius Ducatus La,ncastrio Rich Guilford, '3 miles Tho. Lovel,^ miles, Thesaurarius
Hospitii David Williams, Custos Rotulorum '^^ Doctor Aynsworth ^'-^ Decanus Capelle Regie ''^
10 H. 7.==^ Doctor Mayo^^ Doctor Hatton^^
Jo. Morgan, Armiger"" Rich. Fitzjames, Armiger'"
11 H. 7.^' Doctor Hotoni '2
12 H. 7/' Dominus Presidens Consilii Regii^
13 H. ir- Episcopus Londinensis^^ Decanus Capelle Regie ^-^
Doctor Christofer Middleton, ^^^
J.S.C, A.A. Dominus Prior Sancti Johannis -'
14 H. 7.^' Episcopus Londinensis^^ Episcopus Roffensis'^"^
15H. 7."^ Episcopus Roffensis,^^' Regii Consilii
Presidens G. Bergavenny armiger"*'
21 H. 7.'" Robert Drury,'"^ miles 20 H. 8. Episcopus Lincolniensis^'^ Doctor Wolman72 Tho. Nevil,^'^ miles Abbas Westmonasteriensis '* Jo. Hussey,^' miles Wil. Fitzwilliams,^'^ miles Roger Townesend,**^ miles
29 H. 8."' Episcopus Cicestriensis^^
33 H. 8.'=" Jo. Tregonwell,^*" Armiger, J.S.C, A.A.i'^^
6 E. 6.'--
Nicholaus Hare,^^ miles. M"" Rotu- lorum Jo. Tregonwell,-*' miles Wil. Cooke,^^ LI. D., J.S.C, A.A.
1 Mar.'-^ Tho. White, 97 miles
3 et 4 P. et M. Jo. Boxal,^^ Secretar. Principalis
I find vppon serch that the persons aboue named haue sat in the said Court, & so of record it appeareth. Willus. Mill. A copy of his certificate to me i R.R. Eliz. 37", 3 Mart.§
All & every of the aforenamed Judges in the Starchamber sat also alternis vicibus in the said yeres respectively in the K^ Court at Whitehall, or where-
* B.M. MSS. Lansd. 125, fo. 3. Sir J. Caesar's book, t Privati Sigilli. j i-c Sir Julius Cassar.
§ 1595.
COURT OF REQUESTS
CIX
soever the K. helde his Counsel! for the hearing of private causes betwene partie & partie, as appeareth by th' actes of the s** Court.*
Over & besides th' aforenamed theise following sat as Judges in the fo. 4 b. K^ Court of Whitehall, as Counselors to y^ K.
Tempore H. 7. The B. of Bath 2 The L. Dawbeney'^ S" Andrewe Dimock,^^ knight D. Warham^ D. Martyn^s Wil. Grevile^o^ Ed.f- Shirborne,-"^* Ar, D. Benbrike^o Charles Somerset,'^' Ar, D. Hicks, t B. of Norwich '^^ Decanus Eboracensis'^'' George § Simeon, ''^-^ Ar. Edward Vaughan,'''^^ Ar. S^ Eob. Eeade,'" knight, C.J. of C.P. Vicecomes Wells'*'^ S^ Eich. Pole,''6 knight Jo. Wats.'^'^ clericus Th' Erie of Kent-'-"
Tempore H. 8. Tho.ll Benbrike,i2« AB of York. Jo. Veisie,'"'* Decanus Capelle Jo. Gilbert., '29 Ar. D. Eowland,^-'' Vicar of Croydon D. Lupton,'^'^ Eogerus P. of Eaton ** D. Cromer ^^ D. St. iermine'^'^ TheB. of St. Assaph^s TheB. of Chichester 71 Tho. Thirleby,89, '26 Ar. Edmond Bonner, ^s D.
Edward Carne'^'
Eob. Southwell,85 Ar.
Dns. Prior sancti Joannis^"
Jo. Stokesley,'"-^ D. y^ K^ Almoner
Eob. Dacres,^* Ar. P.C.
Tempore E. 6. .TheB. of Norwich '32 Wil. Mayo, '33 D. Deane of Paules Jo. Cocks,i3-i Ar. Jo. Lucas,^''' Ar.
Tempore Maria. Jo. Throgmorton,'^*^ Ar.
Tempore Eliz. Walter Haddon,'o« Ll.D. Tho. Seckford,'o' Ar. The B. of Eochester, L. Almoner "^ Tho. Wilson i«° Ll.D. Valentine Dale,!^-* Ll.D. S-^ Wil. Gerrard,!^' knight David Lewes,i=« Ll.D., J.A.A. Eafe Eokeby,'^o Ar. Jo. Herbert,"! Ar. Wil. Awbrey,"-^ Ll.D. Jul. C£esar,'42 li_d,^ j,a.A. & knight Eoger Wilbraham,"^ knight Daniel ft Dun,"^ Doctor of lawe &
knight Christofer Perkins,"^ D. of lawe &
kniffht
It appeareth likewise by the signing of the billes for P. S. that theise following were Judges in this Court in the yeres ensueng respectively, over & besides the abouenamed.
George § Simeon '^^ jn 21, 22 et 23 H. 7,"« et 16 et 17 H. S'^^ Wil. Atwater,''^o & Jas. Denton,'-^i & Jo. Jj Dalby,'-^2 ^^ Eich. Sutton,'^^ & Edward Higgons,i'^3 i^ i, 2, 3, 4 et 5 H. 8,
* This in the same hand, but in a differ- ent ink : apparently added later.
t Sic, for Robert. J Sic, for Nicks.
§ Sic, for Geoffrey.
II Sic, for Christopher.
** The words after Lupton in another ink.
ft Sic, for David.
XX Sic, for Thomas.
ex COURT OF REQUESTS
S' Tho. LoveP Tresorer of y« K. howsehold in 7 H. 8.
Eicli. Eawlins/''' Eleemosynarius Regis in 8 H. 8.
Tho. Cheiney,''^ in 11 H. 8.'-53
Jo. Clerk/'^ Decanus Capelle. in 12 H. S,''^^ et 14 H. 8.'"
Thomag,'9B. of London, 13 H 8.'^«
Rich.39 B. of Rochester, Rob.*'-^^ Sampson,'' & Tho. Hobby,"5o is H. 8.'«'
Wil. Atwater,'5o 16 et 17 H. 8.'^9
S^ Wil. Suliard, knight "^•-
* Sic, for Richard.
M.
Notes on the lists of Judges of the Court of Requests.
' August 22, 1492-Aup;ust 21, 1493.
- Eichard Foxe, Lord Privy Seal, 1487-1.516; Bishop of Exeter, 1486 ; translated from Exeter to Bath and Wells, May 4, 1492 ; Bishop of Durham (see list J. Burghley papers, p. cii, supra) 1494-1501, of Winchester, 1501-28. (Le Neve, ' Fasti '; ' Diet. Nat. Biog.')
^ Thomas Savage, LL.D., Bishop of Eochester, 1492 ; of London, 1496 ; Archbishop of York, 1501. Died, 1507. (lb.)
* Janne or Jane, Thomas, Fellow of New College, Oxford, 1454 ; Bishop of Norwich, 1499. The ' Diet, of Nat. Biog.' says : ' in 1494-5 he obtained a seat in the Privy Council.' This entry antedates his appointment by two years. Died, 1500. (lb.)
^ John Bailly or Baylye, Chaplain to Henry YII, and Canon of Windsor in 1486 (' Campbell's Materials for Hist, of Henry TH,' i. 339) ; Ambassador to Brittany in the same year (ib. pp. 508, 516). Privy Councillor in 1488 (ib. ii. 365).
^ If this be the Eichard Middleton who appears under 11 Henry VH, I have entirely, failed to identify him, but I suspect ' Eicus ' there to be a mistake for Eobertus, entered so under 13 Henry VH, i.e. Eobert Middleton, LL.D., Prebendary of York, 1491 ; and of Lichfield, 1497, and Dean of the collegiate church of Leicester, much employed by Hen. VII in diplomacy (Le Neve, ' Fasti,' i. -597). Eobert Middelton, LL.D., and Edmund Martyn, LL.D., are recorded in Pat. EoU 15 H. VII, pt. i. m. 13, to have issued a decree in a civil cause. This would be about 1498 or 1499. In list L., p. ex, supra. Sir J. Cffisar mentions a Dr. Christopher Middleton as a judge in the Star Chamber; see n. 113 infra, The list J., on p. cv, supra, gives both a Eobert and a Eichard M.
" Geoffrey Blythe, LL.D., of King's College, Cambridge. Prebendary of York in 1493 ; Dean of York, 1497-1503 ; Ambassador to Ladislaus II, King of Hungary and Bohemia, in 1502 ; Bishop of Lichfield and Coventry, 1503. Died, 1531. (' Diet. Nat. Biog.')
* Warham, William, Fellow of New College, Oxford, 1475 ; LL.D. and Practitioner in the Court of Arches, 1488 ; ordained, 1493 ; Master of the Eolls, 1494-1502 ; Bishop of Lon- don, 1502 ; Lord Chancellor, 1503 ; Archbishop of Canterbury, 1504. Died, 1532. (W. F. Hook, ' Lives of the Archbishops of Canterbury,' vol. vi.)
" Lovell, Sir Thomas, of Lincoln's Inn, appointed Chancellor of the Exchequer for life, 1485 ; Speaker of the House of Commons, 1485-88 ; Treasurer of the Household, loOO ; K.G. 1503 ; High Steward of the Universities of Oxford and Cambridge, 1504. Died, 1524. (' Diet. Nat. Biog.')
'" Eede, Reede or Reade, Sir Eobert, of Lincoln's Inn, Sergeant-at-law, 1486 ; Justice of the King's Bench and a Knight, 1495 ; Chief Justice of the Common Pleas, 1500. Died, 1519. (' Diet. Nat. Biog.")
" Dymmoeke, Sir Andrew. See note 31, p. cxii, infra.
'-' Arundell, John, of Exeter College, Oxford ; Dean of Exeter, 1483-96 ; Bishop of Lichfield and Coventry, 1496-1502 : of Exeter, 1502-4. (' Diet. Nat. Biog.')
'* Guilforde, Sir Eichard. Chamberlain of the Exchequer, and Master of the Ordnance,
COURT OF REQUESTS CXI
1485, described as a ' King's Counsellour ' in 1486 (Campbell, Materials, ii, 38). Died on a pilgrimage to Palestine, 1506. ' Diet. Nat. Biog.'
»< August 22, 1493-August 21, 1494.
'* Simeon, Geoffrey, Fellow of New College, Oxford ; Proctor of the University, 1478 ; Prebendary of Lincoln, 1485 ; Dean of the Chapel Eoyal in 1491 (Churton, ' Life of Bishop Smyth,' p. 178, n.) ; Prebendary of York, 1504 ; a Trustee of the will of Henry VII in 1504 ; Dean of Lincoln, 1506. Died, 1508. (Ant. Wood, 'Ath. Oxon.' ii, 734. Le Neve, ' Fasti,' iii. 484, 212 ; ii. 169, 140, 33. Churton, ' Life of Bishop Smyth,' p. 247.)
'* Daubeny, Giles, Lord, esquire of the Body to Edward IV ; attainted by Richard III in 1488 ; made Master of the Mint by Henry VII in 1485 ; created Baron and K.G. in 1486 ; Ambassador to Maximilian, King of the Romans, in 1486 ; and to France, 1487 ; to Brittany in 1490 ; and to France in 1492 ; Chief Justice of the Eoyal Forests, South of Trent, 1493. Died, 1508.
" Bray, Sir Reginald, Steward of the Household to Margaret, Countess of Richmond, Henry VII's mother ; pardoned for treason by Richard III, 1483 ; privy to the plot of Bishop Morton and the Duke of Buckingham to place Henry VII. on the throne ; Under Treasurer of England ; Chancellor of the Duchy of Lancaster ; a Knight and a Privy Coun- cillor, 1485 ; supposed to have designed Henry VII's chapel at Westminster, and the nave and aisles of St. Mary's, Oxford. Died, 1503. (Campbell's ' Materials ' ; ' Diet. Nat. Biog.')
'" Empson, Sir Richard, a barrister ; Speaker of the House of Commons in 1491-2 ; knighted 1504 ; High Steward of the University of Cambridge, 1504; Executor of Henry VII's will ; attainted and executed, 1510. He was the partner with Edmund Dudley in the extortions practised for the benefit of Henry VII. (' Diet. Nat. Biog.')
'" August 22, 1493 — August 21, 1494. It will be observed that this year is divided into four periods, which probably correspond with the four Law Terms, Hilary (Jan. 23 or 24— Feb. 12 or 13); Easter, which began on the Wednesday fortnight after Easter Day (April 19) and ended the following Monday three weeks ; Trinity, which began on Wednesday after Corpus Christi Day and ended on the ensuing Wednesday fortnight ; and Michaelmas Term, which began on October 9 or 10, and ended on November 28 or 29 (J. J. Bond, ' Hand-book of Dates '). In confirmation of this it will be observed that the name of the Lord Seneschal does not occur after the first term, when Fitzwalter had probably already incurred suspicion (see note 21, infra).
2" John Blythe, Bishop of Salisbury; Warden of the King's Hall, Cambridge, 1488; Master of the Rolls, 1492-94 ; Bishop of Salisbury, February 23, 1494 ; Chancellor of the University of Cambridge, 1493-5. Died, 1499. (' Diet. Nat. Biog.')
^' John Ratcliffe, Lord Fitzwalter or Fitzwauter, son of Elizabeth Baroness Fitzwalter in her own right ; was appointed Steward of the Household and Seneschal in 1485 (Campbell, ' Materials,' i. 92). Attainted in October, 1495, for taking part in the conspiracy of Perkin Warbeck; beheaded at Calais, 1496. (' Diet. Nat. Biog.') But Sir J. Cesar's List (p.cviii,infra) gives Dominus Brooke, Senescallus hospitii, for this year, who, however, appears in this list as Dominus de Broke simply. See the last term of this year. Cp. also n. 19, supra.
-- William Sheffelde, LL.D., Prebendary of York, 1483-85 (Le Neve, ' Fasti,' iii. 187) ; Treasurer of York, 1485-94, ib. 162 ; Dean of York, 1494. Died, 1496, ib. 125.
"^ Richard Mayowe, or Mayew, D.D., Fellow of New College, Oxford, R-esident of Magdalen, 1480-1505 (Le Neve, 'Fasti,' iii. 561 ; R. Chandler, ' Life of William Wayn- flete' (1811), pp. 145, 260) ; Ambassador to Spain in 1490; Chaplain to Henry VII in 1490 ; Campbell, ' Materials,' i. 508 ; ib. 513 ; Bishop of Hereford, 1504. Died, 1516. (Le Neve, i. 467.)
-' Edmund Grey, second Earl of Kent, succeeded his father in 1489 ; commanded the English Army in France in 1491. Died, December 21, 1503. (' Diet. Nat. Biog.')
" Mordaunte, Sir John, Member of Parliament for Bedfordshire and Speaker of the House of Commons, 1487 ; Serjeant-at-Law, 1495 : Chief Justice of Chester, 1499 ; knighted, 1503 ; High Steward of the University of Cambridge and Chancellor of the Duchy of Lancaster, 1504. Died, 1504. (Ibid.)
-" Oliver King, Fellow of King's College, Cambridge, Chief Secretary in French for life
CXU COURT OF REQUESTS
to Edward IV in 1476, and to Henry VII in 1485 ; Envoy to France in 1485 ; Dean of Hereford, 1487 ; Arclideacon of Taunton, 1489 ; Bishop of Exeter, 1493 ; translated to Batli and Wells in 1495. Died, 1503. (' Diet. Nat. Biog.')
2' John Kendal, nominated Grand Prior of England June 20, 1489. Died, 1501. (W. Porter, ' Hist, of the Knights of Malta,' 1858, ii. 284.) The John Kendall, an attainted Yorkist, whose manors in Gloucestershire were forfeited to the Crown in 1486 (Campbell, ' Materials,' i. 53G ; ii. 236, 397), was Secretary to Eichard III. and was killed at Bosworth. See R. Davies, 'Extracts from Municipal Records of York' (1843), p. 134.
-" Sir Robert Willoughby, first Lord Willoughby de Broke, marched from Bosworth to suppress the Yorkists in Yorkshire. (Campbell, 'Materials,' i. 1.) Knighted, 1485 ; appointed Receiver of the Duchy of Cornwall in the same year (ib. 47). Lessee for twelve years from 1486 of all gold, silver, lead, and copper mines in Cornwall and Devon ; described as a ' King's Councillor ' June 20, 1486, when he received a grant of the manor of Castlecary, Somerset, forfeited by Lord Zouche for treason (ib. 467) ; a Commissioner of Musters for Somerset in December 1488, when he is described as Sir Robert Willoughby de Broke (ib. ii. 385), in which style he was summoned to Parliament in 1492, but in January 1488 he is styled Lord Broke, and described as steward of the King's household (ib. 282). He died in 1503. (H. Nicolas, ' Historic Peerage,' 3 857, p. 512.)
^^ Sir William Hussey, Lord Chief Justice of the King's Bench ; a member of Gray's Inn. As Attorney-General in 1471 he impeached the Duke of Clarence for treason ; Ser- jeant-at-Law 1478 ; Chief Justice 1481. Died towards the end of 1495. (' Diet. Nat. Biog.')
3" See p. 12, n. 3, infra.
^' Sir Andrew Dymmock, Solicitor-General November 15, 1485 (Campbell, ' Mat.' i. 163) ; Receiver in Lincolnshire of the Duchy of Lancaster, 1488 (ib. ii. 375) ; a com- missioner of sewers for Lincolnshire in the same year (ib. 311); second Baron of the Exchequer May 2, 1496. Died, 1501 (?). (Foss, 'Lives of the Judges,' v. 48.)
^-' Henry Ainesworth, LL.D., Prebendary of Lincoln, 1483 (Le Neve, ' Fasti,' ii. 155) ; Received (March 1, 1486) the grant for life of the office of Secondary in the office of the Privy Seal at a salary of 40^. per annum (Campbell, ' Mat.' i. 328) ; a commissioner to negotiate a treaty with Scotland in June 1486 (ib. 480), with Brittany in July of the same year (ib. 508, 515), with Spain in March 1488 (ib. ii. 273), and again with Brittany in December 1488 (ib. 378).
33 August 22, 1494-August 21, 1495.
" This is the President of Magdalen Dr. Mayow, who appears by name lower in this list. The transcriber evidently was ignorant that the two entries stand for the same person. See n. 28, supra.
35 Probably Henry Wyotte or Wyot, described as ' clerk ' in a grant of the office of bayliff of the lordship of Conisborow, co. York, January 23, 1487 (Campbell, ' Materials ' &c. ii. 112). He was, perhaps, employed in the Embassy to Brittany in 1486, for a grant of forfeited houses, &c., in London, dated February 3, 1487, is stated to have been ' in consideration of services in England and beyond the seas ' (ib. 116). In 1487 he became Clerk of the Jewels to the King (ib. 296), and in 1488 Clerk of the Mint and Usher of the Exchange (ib. 305). Later in the same year he was employed in connexion with the repair of Norwich Castle (ib. 393). He was again dispatched to Brittany in 1489 (ib. 446).
3'* Richard Marten or Martyn, Archdeacon of London, 1469; a King's Councillor in Wales and Chancellor of the Marches of Wales for life, 1471 ; Ambassador to Burgundy, 1472 ; Master in Chancery, 1471-77 ; Archdeacon of Hereford and Lord Chancellor of Ireland, 1477 ; Bishop of St. David's, 1482; i-esigned or deprived by Richard III, 1483 ; resigned or deprived of his Chancellorship, 1485 (Campbell, ' Materials,' i, 22) ; Fellow of Eton College, 1499. Died, 1503. (Cooper, ' Athenai Cantab.' i. 521.)
3' Thomas Stanley, second Baron Stanley, created Earl of Derby October 27, 1485 ; Lord High Constable ; K.G. Died, 1504. (H. Nicolas, ' Hist. Peerage,' p 153.)
3" Sir John Turbervile or Turbervill, knighted at Bosworth (W. C. Metcalfe, ' Book of Knights,' p. 11) ; Constable of Corfe Castle, September 25, 1485 (Campbell, ' Materials,' &c., i. 61) ; Coroner and Marshal of the King's household in same year (ib. 64) ; High Sheriff of
COURT OF REQUESTS CXIH
Somerset and Dorset, 1487 (ib. ii. 147) ; grantee of Lands in Cornwall (ib. 18(')) ; and North Hants (ib. 187) in the same year ; Commissioner of Musters for Dorsetshire in 1488 (ib. 385).
^^ Eichard Fitzjames, Fellow of Merton, Oxford, 1465; Warden, 1483-1507 ; Com- missary (= vice-chancellor) of the University of Oxford, 1481, 1491, 1492, and 1502; Almoner to Henry VII, 1495 ; Bishop of Eochester, 1497 ; of Chichester, 1504. Died, 1522. ( ' Diet. Nat. Biog.')
*" John Morgan, LL.D., of Oxford ; made Dean of St. George's, Windsor, by Henry VII, in 1484 ; and also Dean of the Collegiate Church of St. Mary's, Leicester, in the same year. In this last grant he is described as ' the King's Clerk and Councillor ' (Campbell, ' Materials,' &c., i. 597) ; Clerk of the Hanaper ; Bishop of St. David's, 1496. Died, 1504. (' Diet. Nat. Biog.')
" August 22, 1495-August 21, 1496.
*- John, first Viscount Welles, K.G., second son of Leo de Welles, sixth Baron Welles, of a Lancastrian family. He was knighted by Henry VII on his landing at Milford Haven (Metcalfe, 'Book of Knights,' p. 9). In 1485 he, as 'John Welles Knt. Lord Welles,' was granted the office of Constable of Eockingham Castle with other preferments, and in 1486 he is described as ' John Viscount of Wellys ' (Campbell, ' Materials,' i. 482) although Nicolas assigns his peerage to 1497, the date of his summons to Parliament (' Historic Peerage,' p. 503). Having married Cecily Plantagenet, daughter of Edward IV, he is described in 1486 as ' the King's uncle ' (Campbell, ' Materials,' &c., ii. 78), in a grant inter alia of the revenues arising from the subsidies and aulnage of cloths in North Hants and Eutland. He was a Commissioner of Sewers for Lincolnshire, and also of Musters for the expedition to Brittany in 1488 (ib. 311, 384). He was on the commission of the peace for Essex (ib. 478) and North Hants in 1489 (ib. 480). Died, 1498. (Nicolas, ' Historic Peerage,' p. 504.)
*^ Edmund Martyn, LL.D. ; Envoy to treat with the Hanseatic League at Antweqi, in 1491 (Cooper, ' Ath. Cantab.' i. 523) ; Clerk of the Hanaper, 1493 (Pat. EoU 8 H. VII. pt. ii. m. 18) Master in Chancery, 1495 (Haydn, ' Book of Dignities ') ; Dean of St. Stephen's, 1496 (Churton, 'Life of Bishop Smyth,' p. 478). Died, 1507. (Cooper, I.e.)
" Eichard Hatton, Fellow of King's College, Cambridge; Chaplain to Henry VII; described in December, 1486, as ' Doctor of Laws,' and appointed a commissioner to treat, with Maximilian, King of the Eomans (Campbell, ' Materials,' ii. 77) ; Master in Chancery, 1497-1504 ; Ambassador to the Low Countries and Scotland in 1499 ; Provost of King's 1508. Died, 1509. (Cooper, ' Athena Cantab.' i. 13, 523).
" William Tonstall or Tunstall, Esquire, received in 1485 a grant of the farm of the manor of Northstead, near Scarborough (Campbell, ' Materials,' kc, i. 177). He was also made Constable and Warden of Scarborough Castle, and on March 29, 1489, received a license to transport wool-skins and wool (ib. ii. 434). I find no other person of the name, but it does not appear that he was a doctor of laws. Qu. whether William is a mistake for Cuthbert ? The two were first cousins. T. D. Whitaker, ' Hist, of Eich- mondshire ' (1823), ii. 270.
^'^ Sir John Digbye, of Eye-Kettleby, Leicestershire ; knighted at the battle of Stoke by Henry VII, in 1487; Knight-Mareschal of the Household. Died, 1533. (Brydges, ' Col- lins' Peerage,' v. 350. Metcalfe, ' Book of Knights,' p. 17).
" Eobert Eidon, clerk ; Fellow Ambassador to Spain in 1490 with Mayowe (see n. 32, supra) ; Clerk of the Council in 1508 (S. P. Dom. H. 8. i. 209). Died, 1509. (Ib. 588.)
« August 22, 1496-August 21, 1497.
'" Thomas Savage, translated from Eochester, 1496 ; see n. 3, supra.
■'" Eichard Fitz-James, Warden of Merton College, Oxford ; see n. 39, supra.
^' Sir Charles Somerset was an illegitimate son of Henry Beaufort, Duke of Somerset (Campbell, ' Materials,' &c., i. 380), attainted 1461, and beheaded 1463. In 1485 the attainder was reversed (ib. 120). In 1486 Sir Charles Somerset ' made knighte by the Duke of Austria at or before this tyme ' (1485) (' Metcalfe,' p. 11), was captain of the King's Guard and the grantee of large estates in Northants and Hunts, forfeited by Lord
g
cxiv COURT OF REQUESTS
Lovell, William Catesby, and others (Campbell, ' Materials,' i. 380) ; in 1488 he was made Admiral of the Fleet (ib. ii. 251) and captain of the ' Soveraigne.' In 1491 and 1502 he was ambassador to Maximilian ; K.G. 1496 ; married Elizabeth, daughter and heir of William Herbert, Earl of Huntingdon ; summoned to Parliament as Lord Herbert, 1509 ; Earl of Worcester, 1514. Died, 1526. (Brydges, ' Collins' Peerage,' i. 224-7.) " August 2?, 1497-August 21, 1498.
5' Piichard Foxe, translated from Bath and Wells, 1494 ; see n. 2, supra. ^^ Richard Nickes, Nix or Nykke, LL.D., of Trinity Hall, Cambridge, Vicar-General to Eichard Foxe, then Bishop of Exeter, in 1493, and to Foxe as Bishop of Durham in 1495 ; Dean of the Chapel Eoyal in 1498; Bishop of Norwich, 1501. Died, 1535. (' Diet. Nat. Biog.')
^5 Thomas Dacre, Lord Dacre of Gillesland, alias of the North, and Thomas Fenys or Fienes, eighth Lord Dacre (of the South), must have been both young men, their wardships having been granted in 1486 (Campbell, ' Materials,' i. 317, 339). Thomas Fienes, Lord Dacre, was summoned to Parliament in 1495 ; Thomas Dacre, Lord Dacre, not till 1509. Probably the former was the peer mentioned here, Thomas Dacre, Lord Dacre, being employed in the North as Warden of the Marches (ib. ii. 187). Thomas Fienes, Lord Dacre, was active in suppressing Perkin Warbeck's insurrection in 149,6-97. He died in 1534. (' Diet. Nat. Biog.')
^•^ Sir Eichard Pole, son of Sir Geoffrey Pole, whose wife, Edith St. John, was half- sister to Henry VH's mother, Margaret Beaufort ; a landed gentleman of Buckingham- shire ; made K.G. by Henry VII, and married 1491-94 to Margaret, Countess of Salisbury, daughter of George Plantagenet, Duke of Clarence. Died, 1505. (' Diet. Nat. Biog.,' where see Pole, Margaret.)
" Sir Richard Sutton, one of the founders of Brasenose College, Oxford ; probably born soon after the middle of the fifteenth century ; a Barrister of the Inner Temple ; first appeared as a member of the Privy Council February 3, 1498. Died, 1524. (R. Churton, ' Life of Sir R. Sutton.')
** Robert Shirburne, Sherburne or Sherborne, a prebendary of St. Paul's as early as 1469 (Le Neve, ' Fasti ' (ii. 411) ; Treasurer of Hereford, 1486 (ib. i. 489) ; Prebendary of Lincoln, 1488, ib. ii. 167 ; preferred by the Crown to another prebend at St. Paul's in 1490 (Campbell, 'Materials,' ii. 502); Archdeacon of Buckingham (Le Neve, ii. 69) and Huntingdon (ib. 52) in 1496 ; Dean of St. Paul's 1499-1505 (ib. 313) ; Bishop of St. David's, 1505 (ib. i. 300) ; translated to Chichester, 1508 ; resigned and died, 1536, ib. 248). See also Wood's ' Ath. Oxon.' ii. 746. In Sir J. CiEsar's list L, p. cix, supra, the name appears by mistake as Rd.
ss August 22, 1498-August 21, 1499.
•^J Christopher Bainebrige or Bainbridge, LL.D., Provost of Queen's College, Oxford, 1495 ; Dean of York, 1.503-07 ; Master of the Rolls, 1504 ; Dean of Windsor, 1505 ; Bishop of Durham, 1507; translated to York, 1508; Ambassador to Pope Julius II, 1509; Cardinal, 1511. Died of poison in Rome, 1514. (' Diet. Nat. Biog.') «' April 22, 1512-April 21, 1513.
*- Thomas Wolcye or Wolsey, the celebrated Cardinal; Dean of Lincoln, February 2, 1509 ; Almoner to Henry VIII, November 8, 1509. Died, 1530. «3 April 22, 1519-April 21, 1520.
''' John Clerke, Clerc,or Clerk, B.A. of Cambridge, 1499 ; LL.D. of Bologna; Archdeacon of Colchester and Dean of Windsor, 1519, and Dean of the King's Chapel in 1519-22 ; Ambassador to Rome, 1521, 1523, and 1.527 ; to France, 1527 ; Master of the Rolls, 1523 ; Bishop of Bath and Wells, 1523. Died, 1541. (' Diet. Nat. Biog.')
"^ Richard Rawlens or Rawlins, D.D., Fellow of Merton College, Oxford, 1480 ; Warden, 1508 ; King's Almoner, 1509; Bishop of St. David's, 1523. Died, 1536. ('Diet. Nat. Biog.' (See G. C. Brodrick, ' Memorials of Merton,' p. 162.)
""* Roger Lupton, Provost of Eton, Bachelor of Laws of Cambridge, 1483 ; Canon of Windsor, 1500 ; Fellow and Provost of Eton, 1504 ; Clerk of the Hanaper, 1509 ; King's Chaplain. 1510. Died, 1540. (' Diet. Nat. Biog.')
COURT OF REQUESTS CXV
«' April 22, 1526-April 21, 1527.
'■^ Edmund Bonar, Boner, or Bonner, of Broadgates Hall, Oxford, LL.B., 1;U;) ; D.C.L., 1525; Chaplain to Cardinal Wolsey, 1529; Ambassador to Eome, 1532; to the Emperor, 1538 and 1542 ; Bishop of Hereford, 1538; of London, 1539. Died, 15()9. (' Diet. Nat. Biog.')
«'• April 22, 1528 -April 21, 1529.
'" John Longland, D.D., Fellow of Magdalen College, Oxford ; Principal of Magdalen Hall, 1505 ; Dean of Salisbury, 1514 : Canon of Windsor, 1519 ; Confessor to Henry VIII and Lord Almoner, 1521 ; Bishop of Lincoln, 1521 ; Chancellor of the University of Oxford, 1532. Died, 1547. (' Diet. Nat. Biog.')
" Richard Sampson, B.C.L. of Trinity Hall, Cambridge, in 1505 ; D.C.L., 1513 ; Chaplain to Wolsey and Vicar-General of Wolsey as Bishop of Tournay, 1514-17 ; Dean of St. Stephen's, Westminster, 1516 ; Archdeacon of Cornwall, 1517 ; Ambassador to the Emperor, 1522-25, and in 1529 ; Dean of Windsor, 1523 ; of Lichfield, 1533 ; of St. Paul's, 1536 ; which last preferment he held till 1540, with the Bishopric of Chichester (1536) ; translatedto Coventry and Lichfield, 1543. Died, 1554. ('Diet. Nat. Biog.' ; Le Neve,' Fasti.') "-' Eichard Wolman, LL.D. of Corpus Christi College, Cambridge; a learned canonist ; Chaplain to Henry VIII, 1526 ; Prebendary of St. Paul's, 1527 ; Dean of Wells, 1530 ; Master in Chancery, 1529-36 ; Canon of Windsor, 1533 ; a member of the Privy Council and one of the Masters of Requests. Died, 1537. (Cooper, ' Athen. Cantab.' i. 63 ; Haydn, ' Book of Dignities.')
"^ This Dr. Rowland must be Rowland Philips, D.D. He was elected Warden of Merton, 1521; resigned, 1525; Vicar of Croydon, 1522. ('Diet. Nat. Biog.'; Brodrick, ' Memorials of Merton,' p. 163.)
■ ' Dr. Cromer. The only person of this name who appears to have been a doctor of any faculty mentioned in the ' S. P. Dom.' is a Walter Cromer, alias Gryme, M.D., Cromwell's physician and a clerk in orders, but who is expressly described as a Scotsman, and who could not therefore have been a member of the Privy Council. (See ' S. P. Dom.' Henry VIII, iv. 6151 ; v. 233 ; xiii. i. 91, &c.) He was made a Prebendary of Norwich in 1538 (ib. 1115 [4]). There was also Sir William Cromer, or Crowmer, of Dunstal, Kent, a military man (vol. i. 664, 685, 3428, &c.) ; a John Cromer, or Crowmer, a magistrate of Kent (ib. v. 1694; ii. 119 [13], &c.) ; besides a Jos. Crowmer and a Thomas Crowmer (ib. iii. 1036 [20], &c.), probably related both to Sir W. Crowmer and also to George Crowmer or Cromer, Archbishop of Armagh, 1522-42 (see ib. vii. Append. 30). But none of these answers to the description of ' Dr.,' and none seems to have been a member of the Privy Council. On the other hand, we find in ' S. P. Dom.' Henry VIII, x. 724, Dr. Edward Crome, ' parson of Aldermarie, London,' written ' Crowemer,' and this is in all probability the person intended here. He was a Fellow of Gonville Hall, Cambridge, D.D. in 1526. He was patronised by Queen Anne Boleyn, and was a member of the reforming party. I have not found any record of his being sworn of the Privy Council. (' Diet. Nat. Biog.')
" Sir Thomas Nevell, Nevyle, or Nevill, fifth son of George, second Baron Bergavenny ; Speaker of the House of Commons, 1514 ; appointed in 1517 a commissioner to inquire into enclosures in Middlesex; a member of the Star Chamber in 1519. Died, 1542. (' Diet. Nat. Biog.')
'•'■ Sulyarde. See p. 43, n. 1 .
'' Christopher Sainte Jermyne or Saint-German, ' a counsellor of note ' (Wood) ; the author of the legal treatise, ' Doctor and Student,' published in 1523. Died, 1540. (' Diet. Nat. Biog.')
'^ John Islip, elected in 1500 ; a member of the Privy Council, 1513. Died, 1532. (' Dugdale Monast.' i. 277 ; ' Diet. Nat. Biog.')
'" Henry Standish, D.D., Provincial of the Franciscans. He became celebrated by his defence of the jurisdiction of lay tribunals over criminous clerks in 1515. In 1518 he was made Bishop of St. Asaph by Henry VIII, in opposition to the wishes of Cardinal Wolsey. In 1523 he was Ambassador to Denmark. He was an opponent of Colet and Erasmus. He died in 1535. (Cooper, ' Athen. Cantab.' i. 55.)
g2
CXVl COURT OF REQUESTS
**" Sir William Weston, Grand Prior of England, 1527. Died, 1540. (W.Porter, ' Hist, of the Knights of Malta,' ii. 285.)
*' Sir John Husseye or Hussey, eldest son of Sir William Hussey, Chief Justice of the King's Bench. Under Henry VII he became Comptroller of the Household. He was a member of the Privy Council early in the reign of Henry YIII, and summoned to the House of Lords as Lord Hussey in 1529. He attached himself to the party of the Princess Mary. He was executed in 1537 on suspicion of being concerned in the Lincoln- shire rising. (' Diet. Nat. Biog.')
*'- Sir William Fitzwilliam, younger son of Sir Thomas Fitzwilliam, of Aldwarke, Yorks, W.E. ; intimate from childhood with Henry VIII ; knighted, 1513 ; Treasurer of Wolsey's household, 1518 ; Ambassador to France, 1518 ; Vice-Admiral, 1519 ; K.G. ; Ambassador to France, 1526, 1529 and 1533 ; Chancellor of the Duchy of Lancaster, 1529 ; Lord Privy Seal, 1533 ; Lord High Admiral, 1536 ; Earl of Southampton, 1537. Died, 1542. (' Diet. Nat. Biog.')
•^^ Sir Roger Townshende, eldest son of Sir Roger Townshend, Justice of the Common Pleas, of Raineham, Norfolk. He was thrice Sheriff of Norfolk ; was knighted in 1525 ; and appointed a Privy Councillor and a Master in the Court of Requests in 1529. He died in 1531. (Blomefield, ' Hist. Norfolk,' vii. 132.)' In hst K, p. cvii, supra, he is misplaced under Edward VI.
** See p. 174, n, 2. As Sir Nicholas Hare was not knighted nor made a Master of Requests till 1537, this entry shows that all these appointments must not be referred back to 1528-29. He was appointed Chief Justice of Cheshire and Flintshire in 1540. (' Diet. Nat. Biog.')
"^ Sir Robert Sowthwell or Southwell, of the Middle Temple, second son of Francis Southwell, Auditor of the Exchequer to Henry VIII. This mention of him as a Master of Requests as early as 1528-29 antedates his appointment to that office, recorded by Foss as first mentioned in 1541. Master of the Rolls, 1547-1550. Died, 1559. (Foss, v. 329.)
^•^ Sir John Tregonwell, of Tregonwell, Cornwall, D.C.L. ; Judge of the Admiralty Court, 1524-42 ; King's Proctor at the hearing of the divorce from Katharine of Aragon in 1529 ; Master in Chancery, 1533 ; Commissioner for a peace with Scotland, 1534 ; Commissioner of the Great Seal, 1550 ; knighted, 1553 ; Sheriff of Yorks and Somerset, 1554. Died, 1565. (C. S. Gilbert, ' Historical Survey of Cornwall ' [1817], ii. 285-7.)
8" William Petre, Fellow of All Souls', 1523 ; D.C.L. till 1533 (cp. n. 84, supra). His name is repeated, perhaps as indicative of his new official position of Master in Chancery, to which he was advanced in 1536. As he was knighted in 1543, the second entry must refer to a period prior to that date. Privy Councillor, 1545 ; died, 1572. (' Diet. Nat. Biog.')
«* Robert Dacres, a nephew of John Taylor, LL.D., Master of the Rolls (' S. P. Dom.' H. VIII. i v. iii. App. 133) ; son of Henry Dacres, Alderman of London. Commissioner of Gaol DeHvery for the Western Circuit in 1527 (' S.P. Dom.' Henry VIII, iv. 3213, 28, and in 1528 ; ib. 3991, 3). In the Commission of the Peace for Herts in 1528 (ib. 5083, 4) ; in 1531 (ib. viii. 119, 11) ; in 1532 (ib. 1694) ; in 1537 (ib. xii. ii. 1150, 41) ; in 1539 (ib. xiv. i. 1056). Se- cretary to the Compter, the reversionary title to which he seems not to have resigned at Wolsey's request in 1527, although promoted by him with that understanding to the office of Clerk of Assize (ib. iv. iii. App. 133 ; cf. xiii. i. 581). Apparently a landowner in Herts as early as 1536 (ib. xi. 506, p. 234 ; cf. the Commissions of the Peace, supra). A creditor of the King in 1536 (ib. xi. 1419, 1538 ; xiii. i. 34). Received in 1538 a grant of the Manor of Cheshunt, Herts (ib. 581 ; ib. ii. 74, 37 ; R. Clutterbuck, ' Hist. Herts,' ii. 100), In this gi-ant he is described as Robert Dacres, of London. In 1542 he received grants of land at Fingringhoo, West Mersey, &c., Essex (P. Morant, ' Essex,' i. 415, 426). He was a Privy Councillor. Died, 1543.
*'• Thomas Thirleby. See p. 123, n. 1.
"" As this name follows that of the Bishop of Westminster, who was consecrated 19 December, 1540, it probably is that of Nicholas Heath, elected to Rochester, 1540, and translated to Worcester, 1543. (Le Neve, ' Fasti,' ii. 569. See further, p. 98, n. 3.)
" After 1545. (' Diet. Nat. Biog.')
COUET OF EEQUESTS CXVll
'- This is perhaps John Cocchys, D.C.L., Canon of Salisbury, Vicar-General to Cranmer, but he died February 1546, so that, if this identification be correct, his name is here out of place, as also in list K, p. cvii, supra. See further n. 134, p. cxx, infra. Wood, ' Fasti Oxon.' i. 23. There seems to have been a Mr. Cox, Master of Requests in 1.553 (' Acts of Privy Council,' p. 289) ; but qu. whether this was another mode of writing Cooke (n. 94, infra). If so, a mistake has been made in the Christian name.
"3 See p. 191, n. 1, infra.
"^ William Cooke, Cocke, or Coke, Dean of the Arches, 1545 ; Judge of the Prerogative Court of Canterbury, 1548-58 (' Acts of Privy Council,' 27 Dec. 1558) ; Master of Requests, 13 March 15Jg (ibid. p. 410); Judge of the High Court of Admiralty, 1554. Died, 1558. (J. Haydn, ' Book of Dignities ' [1890], p. 420.)
" Sir Richard Reede, or Rede, born 1511 ; Fellow of New College, Oxford, 1528 ; D.C.L. 1540 ; knighted and appointed Lord Chancellor of Ireland, 1546 : removed and made Master of Requests in England, 1548. Died 1579. (' Diet. Nat. Biog.' )
"" John Lucas ' of the Temple ' first appears in the State Papers (Domestic) in a letter from Lord Chancellor Audeley to Cromwell in 1537, recommending him as Solicitor- General, where he is described as ' a right well learned and discreet person ' (' S. P. Dom.' Henry VIII, xii. ii. 1160). Having failed to obtain this office he procured a joint grant with Thomas Pope of the office of Clerk of the Crown in Chancery in February 1538 (ib. xiii. i. 384, 101), and in June of the same year was put upon the Commission of the Peace for Essex (xiii. i. 1309, 24). In 1548 he bought of the Crown the chantry of Hedingham, Essex (Strype, ' Memorials,' II. ii. 403). He was one of the commission appointed in 1551 to compile a body of ecclesiastical law (Strype, ' Cranmer,' i. 192, 388, and ' Memorials,' II. ii. 205), and upon another commission in 1552 ' for the collection of church stuff, plate, jewels, ornaments, etc' ib. 210 ; was one of the Privy Council who signed the instrument of Edward VI limiting the succession to the Crown (ib. Cranmer, 912). Died, 1556. (Ib. ' Memorials,' III. i. 500.)
"' Sir Thomas White first appears in the State Papers (Domestic) as co-grantee with Thomas Wriothesley, clerk of the Signet, of the reversion of the offices of Coroner and King's Attorney in the King's Bench in March 1538 (' S. P. Dom.' Henry VIII, xiii. i. 646, 23). As Master of Requests he was Knighted at Queen Mary's coronation. Sir Thomas White, Lord Mayor of London, being also knighted on the same occasion. (Met- calfe, 'Book of Knights,' pp. 220, 110.)
9" See p. 197, n. 6, infra.
^s John Boxall, D.D., Fellow of New College, Oxford, 1542 ; Secretary of State to Queen Mary ; Dean of Ely, Prebendary of Winchester and Warden of Winchester College, 1554 ; Member of the Privy Council, 1556 ; and Master of Requests in the same year. Dean of Peterborough, Norwich, and Windsor, 1557 ; Secretary of State, 1557, being the first appointed by letters patent. Died, 1571. (' Diet. Nat. Biog.')
""» Walter Haddon, born 1516; LL.D. of King's College, Cambridge, 1549; Vice- Chancellor of the University, 1549-50 ; Regius Professor of Civil Law, 1551 ; Master of Trinity Hall, 1552 ; unconstitutionally appointed by the Crown President of Magdalen College, Oxford, 1552 ; retired, 1553 ; Advocate of the Arches Court of Canterbury, 1555 ; admitted a member of Gray's Inn, 1557 ; returned to Parliament for Thetford, Norfolk, 1558; Master of Requests, 1558; Ambassador to the Netherlands, 1565. Died, 1572. (' Diet. Nat. Biog.')
"" Thomas Seckford. Presumably one of the Sekfords of Sekford, Suffolk (W. C. Metcalfe, ' Visitation of Suffolk,' 1561, p. 64). Admitted to Gray's Inn, 1540 (J. Foster, ' Register of Admissions ' [1889], p. 13). An official of the Court of Wards (Strype, 'Annals,' IL i. 419 and III. i. 200, and ' S. P. Dom.' El. Addenda [1581], p. 46, [1586] p. 180). He was long a Master of Requests, the earliest notice of him in this capacity being in 1570 (ib. p. 208), the latest in 1585 (ib. p. 165).
'"- The successive bishops of Rochester during the reign of Elizabeth were Edmund Gheast or Gest, 1560-71 ; Edmund Freake, 1572-75 ; John Pierse, 1576-77 ; and John Yong, 1578-1605. I have failed to discover that any one of these acted as Masters of Requests. See n. 135, infra.
CXviii COURT OF REQUESTS
103 William Grevile. Presumably the William Grevile of Lennington, Gloucestershire, who became a Serjeant at Law in 1504 and a Justice of the Common Pleas in 1509. He died in 1513 (Foss, ' Lives,' v. 182). Foss apparently knows nothing of his having occupied this office.
"" John Veysey or Vesey, alias Harman, LL.D., sometime Fellow of Magdalen College, Oxford, Dean of Windsor, 1515 ; Bishop of Exeter, 1519-1554. He was dean of the King's Chapel in 1514-1519, and is styled in list K, p. cvii, supra, ' decanus.' See further ' Trans. R. Hist. Soc' 1894, p. 278.
•"^ John Stokesley or Stokeslie, Principal of Magdalen Hall, Oxford, 1502-05 ; chap- lain to Ed. Foxe, Bishop of Winchester ; Ambassador to the Pope and Emperor, 1529 ; Bishop of London, 1530. Died, 1539. (A. Wood,' Ath. Oxon.' ii. 748.) Cp. p. xiv, supra.
'"" Sir Thomas Inglefeild or Englefield, Reader of the Middle Temple and Serjeant at Law, 1520 ; King's Serjeant, 1523 ; Justice of the Common Pleas, 1526-37 (Foss, ' Lives,' v. 160).
"" Sir Robert Bowes, a military commander and lawyer. Warden of the East and Middle Marches of Scotland, 1550 ; Member of the Privy Council, 1552 ; Master of the Rolls, 1553. Died, 1554. {' Diet. Nat. Biog.')
">'* See n. 21, supra. ' Senescallus Hospitii,' ' Steward of the Household.'
'"" David Williams or William, Master of the Rolls, 1487. Foss infers from the appointment of his successor on May 5, 1492, that William died before that date ; but if this list be correct, he must have been acting as a judge in 1493-94 (Foss, ' Lives,' v. 80).
"" I am inclined to think this a mistake made by the transcriber of the list, who evidently read ' ar ' for ' cler,' and that this is John Morgan, LL.D., afterwards Bishop of St. David's, see n. 40, supra. In the ' Materials ' for the reign of Henry VII a John Morgan is made Clerk of the Parliaments in 1485 (Campbell, i. 79), but the omission of ' clerk ' after his name is by no means conclusive evidence that he was a layman, since the future bishop is styled ' John Morgan ' simply when appointed to the deanery of Windsor in the same year (ib. p. 91). The subsequent entry strongly confirms my conclusion.
'" See last note. This is the Richard Fitzjames of n. 39, supra.
"'-' Obviously Dr. Richard Hatton. See n. 44, supra.
"^ There is some confusion about the Middletons ; see n. 6, supra. At any rate, it is clear that there was more than one of the name upon the Council, and Sir J. Cresar may be right in his identification of the Privy Councillor and Judge of 1497-98 with Christopher Middleton ; but from the frequent mentions of Robert Middleton, LL.D., in Ryme'r's ' Fcedera ' and elsewhere about this time, I incline to think this is a mistake and that Christopher belongs to the next generation. In 1511 we find Christopher com- missary of John, Earl of Oxford, Great Chamberlain and Lord High Admiral, in which capacity he makes a judicial decree in the Court of Admiralty, ' S. P. Dom.' Henry VIII, i. 1928. In March 1515 he was made a commissioner of oyer and terminer for piracy, being then described as ' Bachelor of Law,' ib. ii. 235, and he received a similar commission, directed to Christopher Middeltou, LL.B., deputy of the said Earl (Oxford) in the Court of Admiralty in January 1516 (ib. 1429). On May 29, 1519, he was appointed a commis- sioner to hear and determine civil causes between French and English, being then styled ' vice-admiral ' (ib. iii. 272). In 1519 he is called ' deputy to the Cardinal,' and proofs of depredations at sea are ordered to be brought to him (ib. 375), In 1527 he was appointed a commissioner to make inquisition into piracies, &c. (ib. iv. 3747), and ' Dr. Myddylton,' probably the same person, apriears as a commissioner upon an ecclesiastical inquiry in 1535 (ib. ix. 52 iii.). As judge of the High Court of Admiralty he was succeeded by John Tre- ' gonwell (see n. 86, supra) in 1524. Possibly he was Dean of the Arches, for I take the letters after his name to stand for ' Judex summus Curis (de) Arcubus (et) Admiralitatis. ' This interpretation is confirmed by the fact that William Cooke, after whose name the same letters stand (n. 94 supra), is known to have been both Dean of Arches and Judge of the Admiralty.
'" August 22, 1499-August 21, 1500.
COURT OF REQUESTS CXIX
"^ Eiehard Fitzjames, see n. 39, supra ; but I have not found any other evidence that in this year he became Lord President of the Councih
"" This is obviously a mistake for George (Neville), Lord Bergavenny, and confirms my view of the similar cases in notes 110, 111, supra. This was the third Lord Bergavenny, born about 1471, succeeded to the title in 1492 ; K.G. 1513. If this identifi- cation and list be correct it is clear that he was sworn a member of the Privy Council of Henry VII, and not, as the ' Diet, of Nat. Biog.' apparently implies, for the first time in 1513. Died 1535. ( ' Diet. Nat. Biog.' )
'"" August 22, 1505-August 21, 1506.
'"* Sir Eobert Drury, of Lincolnshire, barrister-at-law ; Speaker of the House of Commons 1495, being knight of the shire for Suffolk. This antedates his membership of the Privy Council, which the ' Diet, of Nat. Biog.' assigns to 1526, by twenty years. Died 1536. ( ' Diet. Nat. Biog.' )
"" April 22, 1537 -April 21, 1538.
'=» April 22, 1541-April 21, 1542.
'■-' See n. 113, ad fin.
'■-■- June 28, 1552-June 27, 1553.
'■-•' July 19, 1553-July 24, 1554.
'-' It is not possible to say with certainty for whom this is intended. The Deans of York during the reign of Henry VII were Eobert Bothe, 1477-88; Christopher Urswick, LL.D., 1488-94 ; WilUam Sheffield, LL.D., 1494-96 (see n. 22, supra) ; Geoffrey Blythe (see n. 7, supra), 1497-1503 ; Christopher Baynbrigg, LL.D.. 1503-07, who may be excluded from consideration, as his name appears above, and James Harrington, 1508-12 (Le Neve, ' Fasti,' iii. 125). A comparison with the other lists leads to the conclusion that this is either Sheffield or Blythe.
'-^ A mistake for Geoffrey Simeon, cler. Cf. n. 110, supra. For G. S. see n. 15, supra.
'■-" Edward Vaughan, LL.D. of Cambridge ; Prebendary of St. Paul's, 1493 ; Arch- deacon of Lewes, 1509 ; Bishop of David's, 1509. Died, 1522. (Cooper, ' Ath. Cantab.' i. 26.)
'■-' John Watts, or Wattys, D.D., was a vice-chancellor of the University of Oxford in 1463. See C. W. Boase, ' Eegist. Univ. Oxon ' (1885), p. 34. H. Anstey, ' Munimenta Acad.' (1868), p. 699. There is no account of him in Ant. Wood, nor of any clerk of this name in the Domestic State Papers.
'^•^ A mistake for Christopher. See n. 60, supra.
'■"' John Gilbert, on the Commission of the Peace for Devonshire in 1509 ( ' S. P. Dom.' Henry VIII, i. 699), 1510 (ib. 917), 1511 (ib. 1503), 1512 (ib. 3566, 3589, 3605), 1513 (ib. 3938, 4539), 1514 (ib. 4783, 5220), 1515 (ib. ii. 625, 709), 1517 (ib. 3485), 1524 (ib. iv. 137, 18), 1526 (ib. 2002, 6), 1529 (ib. 5510), 1530 (ib. 6803), 1532 (ib. v. 1694), 1535 (ib. viii. 149, 58), 1536 (ib. x. 1256, 53), 1538 (ib. xiii. i. 1519, 30), 1539 (xiv. i'. 1354, 24). In 1511 he was a Justice of Assize for the Norfolk Circuit (ib. i. 1490) and also a Commissioner of Array for Devonshire (ib. 1812). Before 1516 he was Escheator for Devon (ib. ii. 2518) and third on the sheriff roll for Devon in that year, his name not being pricked (ib. 2533). On May 28, 1517, he was nominated one of the seven commissioners appointed to inquire into inclosures in Devon and Cornwall (ib. 3297). In 1524 he was a Commissioner to collect the subsidy for Devon (ib. iv. 547). In 1533 he was present at the delivery by Henry VIII of the Great Seal to Sir Thomas Audeley (ib. vi. 73) and in the same year was appointed a Commissioner to make an inquisition post mortem for Devonshire (ib. 929, 6). This is the last mention I find of him in the State Papers.
130 i ^p I jg obviously a mistake for ' cler.' See ns. 110, 126, supra.
'^' Sir Edward Carne, D.C.L. of Oxford, 1524 ; Ambassador to the Low Countries, 1538 and 1541 ; Master in Chancery, 1538-39 ; returned to Parliament for Glamorgan- shire, 1554; Ambassador to Eome, 1555. Died at Eome, 1561. (Haydn, 'Book of Dignities,' p. 394. ' Diet. Nat. Biog.')
'^■- Thomas Thirleby, translated from Westminster, 1550. See p. 123, n. 1, infra.
CXX COURT OF REQUESTS
'3^ William Mey or Meye. See p. 191, n. 1, infra. In Sir J. Ctesar's list-L, p. cix, supra, the name is incorrectly given as Mayo. Cp. list K, on p. cvii.
'3^ So many mistakes have been made of ' ar.' for ' cler.' that I cannot help suspect- ing that this may be John Cocks, cler. and refers to an ecclesiastic of prominence at this period. John Cockes, LL.D., first appears in the ' State Papers ' (Domestic) as Commissary to William Warham, Archbishop of Canterbury in 1525. ( ' S. P. Dom.' Henry VIII, iv. i. 1518.) He was Canon of Salisbury in 1527 (ib. iii. 3307). In 1532 he was made vicar- general of the Archbishop of Canterbury by Henry VIII (ib. v. 1326), during the vacancy of the See after the death of Warham, of whom he was one of the executors {ib. vi. 300, 18). In 1535 he was Chancellor to Cranmer and also held a living at Medeley in Kent (ib. ix. 445). Cranmer in his capacity as visitor of the College appointed him in 1541 as a member of a body of Commissioners to visit All Souls' College, Oxford, then alleged to be abandoned to riotous living (Strype, ' Cranmer,' i. 130). In 1543 he was appointed to inquire into certain charges against Cranmer (ib. pp. 170-2). Whose Vicar-General he became in the same year and also Dean of the Arches Court. See further n. 92, supra. I suspect ' esquier ' there has been translated from ' ar.' in this list. If this identification is correct he is only postdated by one year, since he died in 1546. In list K, p. cvii, a graver misplacement occurs, that of Sir Roger Townshend ; see n. 83, supra.
'8^ The addition of the words ' L(ord) Almoner ' does not afford any help to the identification of the bishop intended. (See n. 102, supra.) Bishop Gest was Lord Almoner from 1560 to 1572, Bishop Freake from 1572 to 1576, and Bishop Piers from 1576-78.
'^^ Thomas Wilson, LL.D. of King's College, Cambridge, D.C.L. of the University of Ferrara. A refugee abroad during Mary's reign. Appointed Master of Requests by Elizabeth ; Master of St. Katharine's Hospital ; returned to Parliament for the borough of Michell, Cornwall, in 1563 ; and for Lincoln in 1571 and 1572 ; Ambassador to Portugal, 1567 ; to the Netherlands, 1574, 1576 and 1577 ; Secretary of State and Privy Councillor, 1577 ; Dean of Durham, 1580. Died, 1581. (Cooper, ' Ath. Cantab.' i. 434.)
'^" Sir William Gerrard or Gerard, a barrister of Gray's Inn, 1546; member of Parliament for Preston, 1553 ; Chester, 1555-72; vice-president of the Council in Wales, 1562 ; Lord Chancellor of Ireland, 1576 ; Master of Requests, November 23, 1579. Died, 1581. ( ' Diet. Nat. Biog.' )
'3^ David Lewes or Lewis, Fellow of All Souls' College, Oxford, 1541 ; D.C.L. 1548 ; Principal of New Inn Hall, 1545-48 ; Master in Chancery and Master of Requests, 1552-3 ; member of Parliament for Steyning, 1553 ; Monmouth, 1554 ; Judge of the Admiralty, 1558 ; Principal of Jesus College, Oxford, 1571. Died, 1584. ( ' Diet. Nat. Biog.' )
"'■' Valentine Dale, D.C.L., Fellow of All Souls' College, Oxford, 1542 ; LL.D. of Cambridge, 1562; Ambassador in Flanders, 1562-31; in France, 1573-76; Dean of Wells, 1575 ; member of Parliament for Taunton, 1558 ; Chichester, 1584 ; Taunton, 1589 ; Judge of the Admiralty Court, 1585 ; a judge at the trial of Mary, Queen of Scots, 1586 ; an Ambassador to the Prince of Parma in 1588. Died, 1589. ( ' Diet. Nat. Biog.' )
i^" Ralph Rokeby, of Lincolns Inn, barrister-at-law ; Chief Justice of Connaught, 1570 ; Master of Requests, 1576. Died, 1596. See further p. 203, n. 5, infra.
'^' Sir John Herbert, of Swansea or Neath, ' a man of very ordinary abilities ' (S. R. Gardiner, ' Hist. Jas. I.' i. 181) ; student of Christ Church, Oxford, 1555 ; B.C.L. 1565 : an advocate of Doctors' Commons ; returned to Parliament for Grampound, 1587 ; Galton, 1589 ; Christchurch, 1593 ; Bodmin, 1598 ; Glamorgan, 1601 ; Monmouthshire, 1604-11 ; appointed Master of Requests by Elizabeth ; sent on a diplomatic mission to France in 1598 (A. Wood, ' Fasti Oxon.' i. 188) ; to Germany in 1600 (' S. P. Dom.' El. p. 415) and 1603 ( ' S. P. Dom.' Add. Jas. I. p. 501) ; made second Secretary of State in 1600 ( ' S. P. Dom.' El. p. 439) ; active in putting down the rising of Essex in 1601 (ib. p. 575) ; knighted in 1602 (ib. p. 246) ; keeper of the Signet to the Council of the North
COURT OF REQUESTS CXXl
( ' S. P. Dom.' Jas. I. (1603-10), p. 63 ; a Commissioner to make examination of seminary priests in 1606 (ib. p. 330). Died, July 1617 (ib. 1611-18, p. 476). See J. Foster, ' Alumni Oxonienses ' (1891-92). See also Append. F, p. xcv, supra.
'*- Sir Julius Ciesar, son of Queen Mary's physician ; born, 1558 ; graduated B.A. of Magdalen Hall, Oxford, 1575 ; LL.D. of Paris, 1581 ; Judge of the Admiralty Court and Master in Chancery, 1584 ; Master of Requests Extraordinary, 1591 ; Ordinary, 1595 ; knighted, 1603 ; Chancellor and Under Treasurer of the Exchequer, 1606 ; Master of the Rolls, 1610 ; Member of Parliament for Keigate, 1588 ; Windsor, 1597 and 1599 ; Mid- dlesex, 1614 ; Maiden, 1620. Died, 1636. ( ' Diet. Nat. Biog.' )
'" William Awbrey or Aubrey, D.C.L. Born, 1529 ; Fellow of All Souls' College, Oxford ; Principal of New Inn Hall, 1550 ; Professor of Civil Law, 1553-9 ; Master in Chancery ; Vicar-General to Archbishop Grindal ; Chancellor to Archbishop Whitgift ; Master of Requests in Ordinary. Died, 1595. ( ' Diet. Nat. Biog.' )
^** Sir Roger Wilbraham, second son of Richard Wilbraham, of Nantwich ; founder of the family of Wilbraham of Dorfold, which Sir Roger bought from the Bromleys (G. Ormerod, 'Hist. Cheshire [1819],' iii. 184). Admitted at Gray's Inn, 1576 (J. Foster, ' Gray's Inn Register ' [1889], p. 49). He first appears in the ' State Papers (Domestic) ' as a Master of Requests in 1601 (p. 563). Before 1603 he was also keeper of the Records in the Tower, an office he exchanged in that year for an annuity of 100/. per annum ( ' S. P. Dom.' Jas. I. p. 15). He was knighted by James I, together with his colleague at the Requests, Sir J. Cassar, May 20, 1603 (Metcalfe, ' Book of Knights,' p. 143). On March 8, 1614, he obtained a grant in reversion of the office of Constable of Chester Castle for life (' S. P. Dom.' Jas. I. p. 226). He died in August 1616 (ib. p. 390), leaving three daughters ' heirs to 4,000/. a year ' (ib. p. 426).
"^ Sir David (not Daniel, cf. p. xx, n. 2), Dun, Dunn, or Donne, D.C.L., of All Souls' College, Oxford ; Principal of New Inn, 1580 ; Dean of Arches and Master of Requests, 1598 ; Master in Chancery about 1601 ; knighted 1602 ; member for the University of Oxford, 1603 and 1614. Died 1617. (' Diet. Nat. Biog.')
"•* Sir Christopher Perkins or Parkins, born about 1547, B.A. of Oxford, 1565 ; for a time a Jesuit ; ambassador to Denmark, 1591 and 1598 ; to Poland, 1592 ; to the Emperor, 1593 ; and the Hanse Towns, 1595 ; Dean of Carlisle, 1595 ; admitted member of Gray's Inn, 1597 ; returned to Parliament for Ripon in the same year ; for Morpeth, 1604-11 ; knighted, 1603 ; Master of Requests, 1617. Died, 1622. (' Diet. Nat. Biog.')
'^' George Simeon. I can hnd no trace of any person of this name in the materials for the history of Henry VII, nor in the ' S. P. Domestic ' for Henry VIII, nor in Cooper, ' Ath. Cantab.,' nor A. Wood, ' Ath. Oxon.' I am induced to think that ' George ' is a mistake for Geoffrey, and that 16 & 17 Henry VIII is a mistake for Henry VII. See notes 15 and 125, supra.
»« August 22, 1505-August 21, 1508.
"■' August 22, 1524-August 21, 1526.
100 William Atwater, born about 1440 ; Fellow of Magdalen College, Oxford, 1480, and probably Wolsey's tutor, D.D. 1493 ; Vice-Chancellor of the University, 1497, and 1500-02 ; Dean of the Chapel Royal, 1502 ; of Salisbury, 1509 ; Bishop of Lincoln, 1514. Died, 1521. (' Diet. Nat. Biog.')
'^' James Denton, Fellow of King's College, Cambridge ; Doctor in Canon Law of the University of Valencia ; of Cambridge in 1505 ; Dean of Lichfield, 1522 ; Chancellor to the Council of Wales, 1526 ; Died, 1533. (Ibid.)
'^- Jo. Dalby is probably a mistake for Thomas Dalby, LL.B., Archdeacon of Richmond, Yorks. He appears, though a chaplain of Henry VII (A. Wood, ' Fasti Oxon.' i. 5) to have been attached to the Yorkist party, and was excepted, together with their leaders, from the General Pardon granted at the accession of Henry VIII ('S. P. Dom.' Henry VIII, i. 12, ii.) This exception was removed in June, 1510 (ib. 1115), and in 1511 we find him a royal chaplain (ib. 1637). Although the Court of Requests is not mentioned, it is possible that the letter of Cardinal Bainbridge, Archbishop of York, to Henry VIII, written from Rome, June 18, 1514, and complaining that his servants 'were troubled by
CXXll COURT OF REQUESTS
Master Dolby,' refers to some proceedings before him (ib. 5169). He was made Prebendary of Southwell in 1505 (Le Xeve, 'Fasti,' iii. 427); of York in 1506 (ib. 205) ; and Arch- deacon of Richmond (Yorks), in the same year (ib. 140). In 1517 he was appointed one of the Eoyal Commissioners to inquire into inclosures in Y^orkshire (' S. P. Dom. Henry YIII, ii. 3297). He was also Provost of St. John's, Beverley ; Treasurer of the Household to Thomas Savage, Archbishop of York, and Dean of the Chapel to Henry VIII's son, the Duke of Piichmond (A. Wood, 1. c). He died January 26, 1526. (Le Neve, ' Fasti,' iii. 140.)
'*■' Edward Higgons, LL.D., made a Master in Chancery, 1512 (' S. P. Dom.' Henry VIII, i. 3056), to which office it appears hereby that he added that of Judge o Requests from 1509-13. In 1513, being chaplain to Henry Y'lII, he was appointed Dean of the College of St. Mary, Shrewsbury (ib. 41S4), an appointment he resigned in 1527 (ib. ii. 3227). In 1518 he became a Canon of St. Stephen's, Westminster (ib. 4298, iii. 2373). He was still a Master in Chancery in 1529 (ib. iv. 5666). In 1533 he became a Prebendary of Lincoln (Le Keve, ' Fasti,' ii. 124). On January 18, 1538, he wrote to Cromwell excusing inattention to business on the ground of a fever (' S. P. Dom.' Henry VIII,' xiii. i. 103). His death occurred in the same month (ib. 190, 21).
'" Sir Thomas Cheiney or Cheney, K.G., of Shurland, Kent ; Sheriff of Kent, 1515-16 ( ' S. P. Dom. Henry VIII,' ii. 1120) ; returned to Parliament for Kent in 1552, 1553, 1554, and 1558 : Constable of Queenborough Castle ; Governor of Eochester Castle ; Lord Warden of the Cinque Ports ; Treasurer of the Household to Henry VIII, Edward VI, and Elizabeth. Died, 1558. (E. Hasted, ' Hist, of Kent ' Tanterbury, 1782], ii. 661.)
'" April 22, 1519-April 21, 1520.
'^« April- 22, 1520-April 21, 1521.
»«■ April 22, 1522-April 21, 1523.
•^s April 22, 1621-April 21, 1522.
'^" This is obviously a mistake for Richard Sampson. See n. 71, supra.
16U gjj. Thomas Hobby or Hoby, of St. John's College, Cambridge ; born, 1530 ; knighted, 1566 ; ambassador to France, March, 1566. Died in Paris, July, 1566. (' Diet. Nat. Biog.')
"" April 22, 1526-April 21, 1527. This date evidently refers to R. Sampson.
'"- See p. 43, n. 1, infra.
'"' D(ominus) Wilts. Edward Stafford, second Earl of Wilts ; succeeded to the peerage 1473 ; summoned to the first Parliament of Henry VII in 14>!5, in which year he appears to have come of age (Campbell, ' Materials, &'C.', i. 120, 239) ; a Commissioner of Musters tor Northants in 1488 (ib. ii. 385) ; and on the Commission of the Peace for the same county in 1489, ib. p. 481. Died, without issue, 1499, when the Earldom became extinct (Nicolas, ' Hist. Peerage.')
164 Vicecamerarius. I have not been able to identify this personage. Possibly it was an office held by W. Tunstall.
'"^ Edmund Dudley. Probably a grandson of John Sutton, Baron Dudley ; studied law at Gray's Inn ; is said to have been made a Privy Councillor at the age of twenty- three, and in this capacity acted in concert with Empson in extorting fines for the king's benefit ; Speaker of the House of Commons, 1504 ; convicted of constructive treason in 1509 ; attainted and executed, 1510. (' Diet. Nat. Biog.')
"*'' Roger Layton. This appears to be a mistake for Lupton. See n. 66, supra. No person of the name of Layton was Provost of Eton. Cp. List J. sub anno xi. H. 8. p. ciii, supra. See T. Harwood, ' Alumni Etonenses ' (1797).
"*" John Gerbert. A mistake for John Gilbert. See n. 129, supra.
"^* Thomas Dacres, Esq. The only person of this name in the ' Domestic State Papers ' of Henry VIII, appears to have been a ' bastard brother of Lord Dacre (ib. xii. ii. 696 [2J), who was an officer on the Scottish borders in 1537 (ib. 249 [3, ii. 6]), and resident in Cumberland (ib. xiv. i. 320). He is perhaps the same as the Thomas Dacres, who in 1535-37 was a captain in Ireland (ib. ix. 98, 147, x. 30, xi. 934). It may be that the ' Esq.' is a mistake added to the signature of Thomas (Fienes, Lord
COURT OF REQUESTS CXXlll
Dacre, who was a minor in 1535, but was summoned to Parliament in 1536. He was executed for murder in 1541. Nicolas, ' Historic Peerage.' A third alternative supposi- tion is that the name ' Dacres ' has been repeated, as in the case of John Cockes in List J, p. civ, supra, and the wrong Christian name carelessly prefixed.
'"" Micholas, Bishop of Worcester, i.e. Nicholas Heath, elected in 1543. See further, p. 98, n. 3, infra.
170 gij. Thomas Smith, LL.D., born in 1512 or 1514 (his father was High Sheriff of Essex and Herts in 1538) ; Scholar and Fellow of Queens' College, Cambridge, and Pro- fessor of Greek in that University ; D.C.L. of Padua ; Dean of Carlisle ; as a colleague of Cecil Master of the Bequests to the Protector Somerset, 1547 ; Provost of Eton in the same year ; Secretary of State, 1548 ; Ambassador to the Emperor, 1548 ; to France 1551, 1559, 1562, 1567, 1568, and 1571 ; Privy Councillor, 1571. Died, 1577. (T. Harwood, Alumni Etonenses,' p. 4.)
'" Sir John Daccombe or Dackombe, appears to have been a dependent of Carr, Earl of Somerset. He was made a Master of Bequests in November, 1613. (' S. P. Dom.' Jas. I, 1611-18, p. 206.) In the same year, through Somerset's influence, under the style of John Dackombe, of the Savoy, he received a grant of lands in Essex (November 22, 1613), ib. p. 212. In January, 1614, he received a grant of annuities of 4,500Z., 3001., and 2,205Z., for providing French and Gascony wines for the household for twenty-one years (ib. p. 220). This was in trust for the Earl of Somerset, on whose attainder it was declared forfeited in November, 1616 (ib. p. 410). On June 8, 1616, John Chamberlain writes to Dudley Carleton, ' Sir John Dackombe knighted, and made Chancellor of the Duchy of Lancaster, though he was opposed because he was guilty of foul dealings about the pardon of the Earl of Somerset ' (ib. p. 372). In a later letter Chamberlain says that his promotion was ' by means of the Prince, or rather of Sir George Villiers' (ib. p. 373). He died January, 1618. (Ib. p. 518.)
"'- Sir Ealph Winwood, born about 1565 ; B.C.L. of Magdalen College. Oxford ; Ambassador to Holland, 1603 ; knighted, 1607 ; Secretary of State, 1614. Died, 1617. (A. Chalmers, ' Biog. Diet.,' 1812-17).
'"■' Sir Sidney Montagu, son of Sir Edward Montagu, of Boughton, Northants, and grandson of Lord Chief Justice Sir Edward Montagu. One of his brothers was James Montagu, Bishop of Winchester (d. 1618), and another. Sir Henry Montagu, Lord Chief Justice of the King's Bench. (Wood. ' Ath. Oxon.' ii. 853.)
"* Sir Eobert Naunton, born 1563 ; elected Fellow of Trinity College, Cambridge, 1585, and of Trinity Hall, 1592 ; Proctor, 1601 ; returned to Parliament for Helston, 1606 ; Camelford, 1614, and the University of Cambridge, 1621, 1624 and 1625 ; knighted, 1624 ; made Master of Bequests in 1616, on the death of Sir Roger Wilbraham (' S. P. Dom.' Jas. I., 1611-18, p. 616) ; Secretary of State, 1618-23 ; Master of the Court of Wards, 1628. Died, 1635. (' Diet. Nat. Biog.')
'" Sir Lionel Cranfield, a successful merchant adventurer; born, 1575; became a favourite of the Duke of Buckingham, through whose influence he was knighted in 1613 and made a Master of Requests in 1617 (' S. P. Dom.' Jas. I., 1611-18, p. 448) ; Master of the Court of Wards, and Chief Commissioner of the Navy, 1619 ; a Privy Councillor in 1620 ; created Lord Cranfield and Earl of Middlesex, 1622; impeached, 1624. Died, 1644. ('Diet. Nat. Biog.')
"•* Sir Ealph Freeman, made Master of Requests in 1618 (' S. P. Dom. Jas. I.,' 1611-18, p. 511) ; auditor and afterwards ' master-worker ' of the Mint. He was still a Master of Re- quests in 1642, as the Order Books show. Died some time after 1663. (' Diet. Nat. Biog.')
'" Sir John Sucklin, or Suckling, of Whitton, Middlesex, Secretary of State, 1622 ; Controller of the Household to James I and Charles I ; father of Sir John Suckling, the poet. (Wood, 'Ath. Oxon.' iii. 803.) See next note.
'■'* Sir Edward Powell, of Penkelly, co. Hereford ; created a baronet in 1622 (' S. P. Dom.' Jas. I., 1619-23, p. 335) ; made Master of Bequests (extraordinary) in 1622, on the surrender of the office by Sir John Suckling (ib. p. 365) ; married Mary, daughter of Lady Vanlore (ib. 1640, p. 605) ; lent 3,000Z. to the King, for which a warrant of repayment was issued in 1644 (ib. 1644, p. 294).
ex XIV COURT OF REQUESTS
'"' Sir John Cooke or Coke, born 1563 ; Fellow of Trinity College, Cambridge, 1583 ; Deputy-Treasurer of the Navy, 1591 ; returned to Parliament for Warwick, 1621 ; St. Germans, 1624-25 ; the University of Cambridge, 1626 and 1628 ; knighted, 1624 ; Secre- tary of State, 1625. Died, 1644. (' Diet. Nat. Biog.')
'^'' Sir Thomas Aylisbury, born 1576; educated at Westminster School and Christ Church, Oxford ; secretary to Lord High Admiral the Earl of Nottingham ; made Master of Requests and Master of the Mint, 1627 ; became through his daughter, Lady Clarendon grandfather of Anne Hyde, first wife of James IL Died at Antwerp, 1657. (' Diet. Nat Biog.')
'*" Eobert Mason, LL.D., Fellow of St. John's College, Cambridge ; ' secretary to the late Duke of Buckingham' (' S. P. Dom.' 1629-31, p. 114), and Treasurer to the Navy; Proctor of the University of Cambridge in 1619 (Le Neve, ' Fasti,' iii. 622) ; Chancellor of Winchester ; Judge of the Vice-Admiralty for Hants and the Isle of Wight (' S. P. Dom.' 1637, p. 352). Died, 1662. (' Diet. Nat. Biog.')
'«'- Sir William Cecil, afterwards Lord Burghley, ' Master of Bequests to the Lord Protector ' in 1549 (' S. P. Dom.' E. 6, Addenda, p. 401); educated at St. John's College, Cambridge ; entered at Gray's Inn, 1541 ; Custos brevium in the Court of Common Pleas, 1547 ; Privy Councillor and Secretary of State, 1550 ; knighted, 1551 ; in retire- ment under Mary ; reappointed Secretary of State, 1558 ; Master of the Court of Wards, 1561 ; Speaker of the House of Commons, 1563 ; created Lord Burghley, 1571 ; K. G., 1572. Died, 1598. (' Diet. Nat. Biog.')
'^' Sir John Fortescue, of Shirburn, Oxfordshire, tutor to Queen Elizabeth, to whom he was related through the Boleyns ; keeper of the Great Wardrobe, 1558 ; returned to Parliament for Wallingford, 1572, afterwards for Buckingham and Middlesex ; Privy Councillor and Chancellor of the Exchequer, 1589 ; Master of Requests about the same time ; Chancellor of the Duchy of Lancaster, 1601 ; a member of the Star Chamber, and an Ecclesiastical Commissioner. Died, 1607. (' Diet. Nat. Biog.')
'»^ Sir Arthur Duck, D.C.L., Fellow r)f All Souls' College, Oxford, 1604 ; returned to Parliament for Minehead, 1624 and 1640 ; Master of Requests about 1625 ; a member of the Ecclesiastical Commission, 1633 ; Master in Chancery, 1645. Died, 1648. (' Diet. Nat. Biog.')
'«5 Sir Thomas Kyves, D.C.L., Fellow of New College, Oxford, 1598 ; Advocate of Doctors' Commons, 1611 ; Master of Requests Extraordinary, 1626 ; fought for Charles I ; knighted, 1644. Died, 1652. (' Diet. Nat. Biog.')
COUET OF BEQUESTS
LACY V. SAYVIL.i
To the King our souerain lord.
1497 Greuously complaynyng shewith vnto your highnesse your most humble subget Thomas Lacy of your countie of York squier. How that the Moneday next befor the fest of Allhalowen ^ last passed oon John Sayvil bastard, accompanyed with certam mdisposed personnes to the nombre of four score or theraboutes arrayed m maner of werre that is to say with bowes arrowes bills swordes and other inuasible wepyns by the vnlieful procuring and special commandement of Sir John Sayvil ^ Knight came in riotous wise vnto the township of Southowrom within your honour of Pontfreit bilonging to your said suppliant who holdeth the same of your grace as of your Duchie of Lancastre and there with . . ."* and riot toke oxon kyne horses and other catailles above the nombre of Ixx, and thaym drove out of your said honour vnto a place of his own called Illingworth within . . .* lordship of Wakefeld where he pynded -^ thaym. Wherupon your said oratour sent vnto the Shirif for a replevie and leyd in suertie to pursue your lawes ayenst the said sir John Sayvil and John Sayvil Bastard for the wrongful taking of the said catailles, the which replevie was deliuered to the same sir John who after the sight therof
' Mr. Hunt's Calendar, Bundle 2, No. 80. made him Governor of the Isle of Wight
* Nov. 1. (ib. 107), but he was probably one of those
3 Sir John Sayvil had received (Nov. 29, who deserted to Henry 7, for immediately
1485) a grant of the office of feodary within upon his accession that king heaped honours
the Honour of Pontifract for life (Camp- and emoluments upon him (ib. 55, 338,
bell, ' Materials for Hist, of Hen. 7,' i. 592), 517). He was appointed sheriff of York
and this dispute perhaps turned upon and of York Castle on Nov. 5, 1485. He
conflicting jurisdictions. Sir J. S. had died in 1509 (S. P. Dom. H. 8, i. 54, 1301). been a trusted supporter of Kichard 3, who * MS. mutilated. ^ Impounded.
2 COURT OF REQUESTS
deliuored it ayen to the bringar and refused to deliure the said cataill but thaym deteyne ' stil in manifest contempt of jonr lawes and to thexpresse wrong and great vexacion of your said besecher. Further- more the said John Sayvil bastard with al the forsaid riotoux per- sonnes to the more greuoux offense of your said lawes came to a ground of your said supphantes the Moneday abouesaid and there with force and riot pulled down a pale conteynyng four hundreth fote. And yit nat satisffied with these vnlieful demeanynges the said bastard, with the said companye entred riotously the same day into a close of your said oratours, within the said township and brake down the hegges of the same, like as othre tymes hertofore he did in other his closes. And yit of mor crueltie he mysentreatith the seruauntes and tenauntes of your said suppliantes by fereful manaces and othre wise that thay darre nat for daunger of thaire lifes goo to thaire parisshe churches ner to othre thaire lieful besinesses nat oonly for thaire inward hevinesse and importable hurt, but also to the per- nicioux example and great audacite of othre like indisposed personnes yf these enormites shuld passe vnpunisshed as God defende. Wher- fore it may like your highnesse tendrely considring the premisses to commande the said sir John and the said bastard by your most honerable lettres vpon a reasonable peyn to restore al the said catailles to your said suppliant or to his assigne and also to appere byfore your highnesse and most discrete counsail in the Oeptas ^ of saint Hilary next cummyng to answer to the pointes and articles befor touched with the circumstances. And in the mean season to suffre the seruauntes and tenauntes of your said oratour to goo vnto diuine seruice and other their [law]ful ^ occupacions without any bodyly hurt or manaces according to your lawes. And he shal euer pray God for the blessid preseruacion of your moost noble and Koial estate.
Inde emanerunt ' litere p[riuati sigilli] vj die Decembris anno xiij° Henrici vij' ad comparendum in octauis Hillarii vbicunque &c.
Endorsed. Thomas Lacy querens Johannem Sayvelle. A lettre to sir John Sayvel knyght to obey the kinges write of replevye apon suertie tanswer.
Thomas London.''
> Sic. * Word half obliterated by careless
^ Apparently for Utas, the eighth day of imposition of B. 0. stamp.
the feast, i.e. the serventh day after the ■* I.e. Thomas Savage, Bp. of London,
ieast. or Jan. 20, U'JS. 1496-1502.
COURT OF REQUESTS 3
ORDERS AND DECREES.'
Vltimo die Januarii anno xiijo.^ Thomas Lacy habet dicto primo die Febrnarii proximi ad pro- bandum riotam per eum allegatam versus Johannem Sayvel aut per testes uel per inquisicionem captam coram iusticiariis pacis in Comitatu iibi committitur riota et hoc sub periculo cause sue huiusmodi.
^ Secundo die Decembris anno xv".*
Johannis'' Lacy contra Say vile. Partes predicte habent diem xv^"" Hillarii proximi ad producendum euidencias in causa inter vos mota et ad ulterius procedendum, Videndum in ea causa et ad examinandum per Brianum Palmes.^
' iiij'o die Decembris anno xv°.*
Dimissus est Johannes Sayvile miles ab ulteriori comparicione coram consilio domini Eegis in causa contra eum mota per Johannem Northend Johannem Lacy Nicholaum Stansfild Johannem Gledyll Johannem Gibson Elizabeth Lak^Yod Johannem Grenwodd et Johannem Sutcliff et omnes alie cause committantur examinacioni consilii iurisperiti domini Eegis ibidem fore determinande. Et admissus est Johannes Hasil\v(oode) ^ attornatus pro dicto Johanne Saivile milite casu quo &c cum clausula de Eatum habiturus & indi- cia sisti & iudicatum soluendum si &c.
PETITION OF THE MAYOR AND CITIZENS OF EXETER.
To the Kynge owre soverayn Lord.
1498 In most humble wyse shewith vnto your highnysse your true and faithfull Subiettes Eichard Unde ^"^ mayour of your citie of Exeter and
1 Vol. i. fo. 48. ^ MS. mutilated. I cannot identify this
2 1498. person.
3 Vol. ii. fo. 71. ■• 1499. " Mr. Hunt's Calendar, Bundle 2, No. 134. s Sic] • • • ,0 rjij^g name is not very clear. In K. « Probably Brian Palmes of Naburn, co. Izacke, ' Ant. of Exeter,' London, 1724, p.
York, father of Brian Palmes, who, in 1510, 103, it is given as R-^. Undy for the year as ' Brian Palmys jun.,' became a serjeant- 1498. But in the royal confirmation of his at-law. Sir B. Burke, 'Landed Gentry,' sub election as mayor of the Staple of Exeter, Palmes dated 26 Aug. 16 H. 7 (1500), it is spelt
' Vol. ii. fo. 72. Unde. Pat. Boll 16 H. 7, pt. 1, m. 19
b2
4 COURT OF REQUESTS
his brethern citezens and inhabitantes of your saide cite that where your saide highnysse atte your last beyng atte your said cite ^ for a fynall pease Eestfulnysse and comyn wele of your said cite by the advyseof your most honorable and discrete councell ordeyned enacted and stablisshed that xxiiij of the most hablyst citizens of your saide cite shuld be of the comyn Councell of your saide cite for terme of theire lyvez in lyke fourme and in lyke wyse as arre the Aldermen of your cite of London the which xxiiij citezens before reherced for the time beyng shuld have full auctorite and power yerly to ellecte and cheuse of theym sylfe a mayer iiij Bally uys and other officers ^ accordyngto the vse and laudable custom of your saide cite of Exceter in wold tymys vsed and that no man of yvell name and fame shuld be elect or chosyn to here eny office or Eule within your saide cite vppon payne of your most and high displesur as in your saide honorable ordynaunces more playnly it doith appere So it ys gracios souerayn lord that oon Robert Newton ^ that last occupied the last yere as mayer of your Stapell within your saide cite hauyng the seal of office of your said stapell there in his custody and kepyng by subtill and crafty meanys berying vnlaful favour vnto oon John Bonyfaunt * of your saide cite of Exceter hath of late certified into your Chauncery that the said John Bonyfant to be maier of your said staple and oon Eobert Bonyfant ^ his brother and one Harry Faux to be constables of the same Staple lafully to be elett and chosj^n for this yere folowyng contrary to all the gode order and vse that ever hath ben vsed with in your saide cite before thys tyme and therupon the same John Bony- fant hath priuely optayned your letters patentes '^ agayn the wyll of all your Oratours and citizens nether your saide Oratours hauying eny vnderstandyng of eny suche eleccion Wher the vse and custome of your saide cite hath ben and yet is that all your saide Oratours and theire predecessours burgesses of your saide Staple shuld be lafully warnyd viij days before the saide eleccion and that the same eleccion shuld be made openly in the Yeld hall of your saide cite of Exeter. And over that the lawdable custome and vsage of the same your saide cite ys that no man shuld be mayer of your said Staple there but yf he hath ben mayer of your saide cite before. And for asmoche as the
' In 1497, on the occasion of the disper- * Bailiff of Exeter in 1486 and 1505, ib.
sion of Perkin Warbeck's forces. R. Izacke, pp. 94, 105.
' Antiquities of Exeter ' (1731), p 98. ^ Bailiff of Exeter, 1489, 1499, ib. pp. 95,
- The charter is printed by Izacke, ib. 103.
p. 99. ' Enrolled on the Patent Roll of 14 H. 7,
' Died Mayor of Exeter in 1503, ib. p. pt. 3, m. 18, dated 18 Oct. (1498). 104.
COURT OF REQUESTS O
saide John Bonyfant was neuer mayer of your saide cite but euermore a trobelys man and also a man of yvell name and fame and before this tyme hath been reproved in many dyuers poyntes of falshode And over that hath been the mover Sterer and causer of grete variance and discorde within your saide cite and dayly malyngneth agayn your saide Oratours entendyng to distroy the comyn wele of your saide cite for asmoch as he for his Infamouse name and yevyll dispocicyon was by your saide hyghnesse and the lordys of your most discret and honorabele Councell refused and vtterly discharged to be eny of the saide xxiiij of the comyn Councell of your saide cite also the saide John Bonyfant hath cahid to hym the saide Robert Bonyfant to be oon of the saide Constables of your saide staple the which Robert of late subtilly and vntruly sollicid • and provokyd oon John Calwodeley ^ late mayer of the Stapell of your saide cite to haue made blanke Chartours ^ vnder the seall of your saide Staple in grete nomber Whereby yf the same John Calwodeley had bene of lyke disposicion it mouth have brought yn many a true man besides his godys and landys agayn al right and concience the which Almighty God forbede. Please it therefore your saide highnysse of your most habundant grace and blessed disposicion these premysses tenderly considered for asmuche as the saide John Bonyfant intendith the breche of your saide ordy- naunce and also the vexacion and trobill of your said Oratours to order and to provide suche a direccion by the advyse of your most honorable councell Whereby the saide John Bonyfant may be discharged of the occupacion and exersice of the mayeralte of your saide staple within your saide cite of Exceter and of the custody of the seall of the same staple and over that William Frost * oon of your Yomons of the Crowne may have and enioy the same office as he is therto lafully electt and chosyn and John Danaster ^ and Rafe Pudsay ^ to be constables of the same staple so that from hens forth your saide Oratours may lefully quietly and pesiblj make yerly theire free election as they have in wold tymys vsed to doo and thys for the love of God and in the way of Charite and your said Oratours shall evermore pray to God for the long contynaunce of your most Royall estate.
Endorsed, xviij" die Novembris anno xiiij'° H vij."
1 Sic. ■> The nominee of the King in 1497, and
- Mayor of Exeter, 1495, 1501, and 1507, the third Mayor of Exeter in 1503. ' The
Izacke, p. 103. plague of pestilence reigned excessively,'
^ Presumably recognisances of debt ; cp. Izacke, pp. 98, 104.
Bracton, II. xvi. (fo. 33 b) : ' Item privata- ' Died the second Mayor of Exeter in
rum (chartarum) alia de recognitione pura 1503, ib. p. 104.
vel conditionali.' See 15 K. 2, c. 9 (1391) « Bailiff of Exeter, 1497, ib. p. 96.
as to the method prescribed for taking these ' 1498.
recognisances.
COURT OF REQUESTS
ORDERS AND DECREES.
Decimo die Februarii anno xiiij".''
Johannes Bonefaunt comiiaruit virtute breuis de priuatosigillosab pena v'"^'' li. et habet ad comparendum diem lune proxime ad res- pondendum bille querele contra eum propositum et sic de die in diem quousque &c sub eadem pena.
' xxv'" die februarii a" xiiij".'^
Causa in controversia inter maiorem & inhabitantes ville de Excetre contra Jobannem Bony f aunt de & super eleccione maioris stapule facta committatur examinacioni maioris'* ville de Excetre ac ceterorum de xx*' quatuor eiusdem ville de communi consilio extra Jobannem at will Eobertum Newton Jobannem Danastre et Kadul- phus Pudsay ad examinandum an idem Johannis Bonyfaunt sit abilis ad exercendum officium maioris stapule uel non ac eciam elleccio sic habita de eodem Jobanne sit habita secundum con- suetudinem ex antiquo ibidem vsitatam et ad certificandum consilio domini Ptegis secundum comperta in eadem.
'xxix""" die Aprilis anno xiiij".-
Jobannes Bonyfaunte personaliter comparens coram consilio domini Regis libere concessit deliberare in manus comitis Devon,'^ et "Willelmi Huddesfild ^ militis literas patentes sibi factas de & super officio maioratus stapule ciuitatis Exon ac comitatus Devon & Cornubie quumcunque ad hoc requisitus fuerit citra festum penticost proximum prouiso quod acta & recogniciones per eum et suis ^ officiarios legittime accepta inter partes ibidem rat (a) & stabile * fiant ad effectum constituetum.^ Et deinde ad procedendum ad elleccionem noui maioris secundum consuetudinem dicte ciuitatis et super inde fiant litere dicto comiti Devon et Willelmo Huddesfild militi tam ad recipiendum dictas literas patentes et ad examinandum acta & recogniciones coram prefato Johanne habitas vocatis partibus et ad ratificandum eadem pro eifectu constituecionum * quam ad discernendum novam elleccionem fieri alterius maioris secundum
• Vol. ii. fo. 30 (14-17 H. 7). ^ 1499. Inn, 1457, Attorney-General to Edward 4, 3 Vol. ii. fo. 34 b. 1481 ; superseded by the Protector Kichard, < Nicholas Hamlyn. Izacke, p. 103. 28 May 1485, in favour of Morgan Kydwelly
* Vol. h. fo. 48. (see p. xviii, n. II, supra) ; called Serjeant in " Edward Courtney, created Earl 1485 ; 1 H. 7, but exempted from taking the office
died 1509. (Campbell, Mat. i. 398) ; died 1499. Foss,
' Sn- W. Huddesfild or Huddersfteld of 'Lives,' iv. 397, 470; E. Polwhele, 'Hist.
Shillingford, Devon, admitted to Lincoln's of Devon ' (1797), i. 265 n. ^ Sic.
COURT OF REQUESTS /
consuetudines dicte ciuitatis. Aceciam ad recipiendum de Roberto Newton gigillum dicti officii.
TUCKER V. HALLE.'
A. To the Kyng our soueraigne lorde.
1504 In moste lamentable wyse shewyth and compleynyth vnto your excellent Highnesse and noble grace your true and faytliefull liegeman Subgiet and dayly Oratour John Tucker of your Cite of London Coriour of the age of Ixxiiij yeres and more, That where your saide Highnesse the xiiij day of the moneth of May yn the xixth yere of your moste noble reygne ^ of your habundant grace by your gracious lettres patentes ensealed redy to be shewed at the humble peticion of your saide Oratour yave and graunted vnto him free liberte and licence to exercice vse and occupy diyng of leddir and hides yn Eeed Colour withoute any penaltie or ynterrupcion, togedir with his owne occupacion of Coriours,' duryng youre pleasure as yn your saide gracious lettres of licence more plenyly yt apperythe, It ys soo moste victorius prynce and good and gracious soueraigne lorde thai your saide Oratour vpon hope and truste of your saide gracious licence boughte and purveyed asmoche stuffe and ymplementes necessary for the coloryng and perfeccion of the saide Reed as coste hym beside his hovse cc li. sterlynges and more, and sone aftirward that notwith- standyng oon John Halle now dede than beyng oon of the Sargeantes. of sir William Capell knyghte that tyme maire of your saide noble Cite of London,* thurghe the commaundmentes and comfortes of the same sir William and of William Milborne, than chambreleyn -^ of your saide Cite, takyng no regarde vnto your saide gracious lettres of licence nor also regarde vnto your noble commaundment yevyn by your other gracious lettres vnder your signet and signe Manuell came vnto the house of your saide Oratour yn the parysshe of Saynte Sepulcre withoute Newgate of your saide cite and there and than caused oon Wilham Rotherey and other to breke the house of your saide Oratour and to cary and convey away alle his goodes to the value of ccc li.
' Mr. Hunt's Calendar, Bundle 3, No. 198. * Sir W. C. was Mayor in 1503. The
2 1504. licence, it appears from the expression
=■ By the Act 1 H. 7, c. 5 (1485), intituled 'vpon hope and trust,' had not yet been
' Tanners,' it was provided ' que null Coriour issued.
dez quirs preigne sur luy de corier ascun * This office was generally held for life
hyde de quir mez tiel quel est sufficialment (W. Maitland, ' Hist. London ' (1772), ii.
tanne, sur peyn de perder pur chescun hyde 1206), but as appears from this pleading
issint corie iijs. iiijd.' Cp. 37 E. 3, c. 6. Milborne had been displaced.
S COURT OF REQUESTS
and more, and beside that caused hyin to be bronghte to prison, and laide vpon hym the commaundement of the saide sir Wilham Capell late maire whiche sir WiUiam and the saide late Chambrelej^n aftirward spake with your saide Oratour and saide vnto hym that your highnesse had noon auctorj'te to graunte or gyf any suche licence with^ai your forsaid cite. And where as your saide Oratour at the desire of William Stele your Sadillar hadde begon to colour dyvers reed hides for your noble vse, and with the same Sadillar hadde desired yn your gracious name licence of the saide maire and Chambreleyn to fynj^sshe them, yt ys soo gracious prince that the saide mair and Chambreleyn wolde not consent therto, but manassed and thretened to ley them fast yn pry son, soo that ^your saide besechar whan he was at large toke saymtewary and lost his goodes, and toke such a grete thoughte whiche cast hjm ynto suche dyuers sekenes that he feUe blynde, and ever sythen he bathe ben blynde and ys lyke to be vttirly vndoon yn this worlde withoute that your moste noble grace haue pite and com- passion vpon hym yn this his grete age and poverte. It may therfor please your excellent Highnesse and noble grace of your blessid dis- X^osicion the premisses tendrely considered, and for asmoche as your saide Oratour ys not of habilite and power yn goodes to sue for his remedy yn this bihalve accordyng to the course of your Comen lawes, to sende your gracious lettres of commaundement vnto the forsaide sir "William Capell late maire and William Milborne late Chambreleyn chargyng them by the same to ordeyn and see that the executours of the Testament of the forsaide John Ilalle make vnto your saide Oratour playne satisfaccion and payment aswele for his forsaide goodes takyn from hym as for costes and lossis by reason of the premissis by hym had and susteyned thurghe his wrongfuU vexacion, orelles that the saide executours and the said late Maire or Cham- breleyn at a certeyn day appere bifore your highnesse and your moste noble Counsell there to answer vnto the premissis. And this at the Eeuerence of God and yn wey of charyte. And your saide Oratour duryng his lyfe shalbe your true bedeman and shalle specially l^ray to God for the preseruacion of your moste noble and Eoyall astate long to endure yn as grete comfor^e joy and felicite as evir did any christen pry nee.
Endorsed.^ John Tukker coriore London xxviij° die Nouembris. Partes deffendentes tenentur ad comparendum vbicunque in die Veneris proxime.'
Tucker versus executores Johaunis Halle.'
' Each entry m a different hand.
COURT OF REQUESTS 9
B. Thanswere of John Woodeale and William Mede execu-
tours of the Testament of Johane Halle executrice of the Testament of John Halle to the bille of Compleynte of John Toker Cory our e.
The saide Executom-s seyen that the saide bille is vntrue contryved and feyned for vexacion and trouble and also is vncerteyn and insuffi- cient to be answered vnto, and the mater therof is determynable at the commen lawe and not in this Courte. And to any mater in the saide bille conteyned the saide Executours be not bounden nor com- peUable by any lawe therto to make any answere. And for then- sufficience therof the saide Executours prayen that the saide bille may abate. Neuerthelesse for declaracion of trouthe in the premysses the
gaide Executors seyen : That sir John S ^ knyghte Sir John
Fyneux^ knyghte the kynges chef justice, sir William Capell, sir Kobert Sheffelde,^ and divers other the kynges Commyssioners of Sewers by vertue of the kjnges lettres patentes sewed '* viewed and caused to be made curraunte the water and diehe that commeth from Flete brigge oute of Thamyse and ebbeth and fioweth vnto Holborne brigge accordyng to the tenour and vertue of the saide lettres of Commyssion to them directed, and the saide Toker iiij oxe hides of leder, and as many Calff Skynnes or theraboute cast and leide them in the saide water, to the great hurt and befowlyng of the saide water to the noyaunce of the kynges people contrarie to the kynges lawes and the lawes of this Citie. Wheruppon the saide John Halle beyng a Sargeaunte of the saide sir WilHam Capell thanne Maire of the saide Citie, and also one of the saide Comyssioners toke the saide hides oute of the saide water and leide them in a Constable hous there and shewed this to the saide John Toker and his mysdemeanare therynne, and advised hym to goo and speke with the Maire therfor and to entrete hym for to have agen his saide hides, whiche so did. And after the laboure of the saide Toker to the saide Sir William Capell made the saide Toker hadde his saide hides and skynnes ay en. And the saide Executours further seyen that the saide Toker and one John Dauncye were bounden in thescheker by Kecognisaunce for one Groue
' MS. mutilated. ' Survey,' Cth edit. 175-2, ii. 242), in which
2 Born about 1441 ; Justice of the Com- last year Sir Kobert Sheflield vacated the
mon Pleas, 1494 ; Chief Justice of the office. He was Commissioner of Sewers
King's Bench, 1495; died 1525. Foss, v. 164. for Lincolnshire, Notts, Northants, Hunts,
^ Eecorder' of London, 1497, in which and Cambs. in 1509. S. P. Dom. H. 8, i.
year he was knighted ; W. C. Metcalfe, 663. Speaker of the House of Commons
'Book of Knights' (18S5), p. 30. There in 1512, ib. 2082. See further ' Trans. B.
is a gap in the City Eecords of the re- Hist. Soc' 1894, p. 303.
cordership between 1483 and 1508 (Stow's ' Apparently for ' sewered.'
10 COURT OF REQUESTS
tlienne the kynges eschetoure of Bukingham in a certein somme of money vppon a certeyn condicion whiche the saide eschetour per- fourmed not and for fere therof the saide Toker fled to Saint Bartil- mewes to Sayntwarye vnto suche tyme that the saide John Dauncye and oder of the suerties of the saide Eschetour hadde paide the saide somme of money. And the saide Executoiirs sayen that if the saide Toker was had to pryson it was for his defautes and noon obedyence to the saide sir Wilham Kapell thenne Mair. Withoute that that the saide John Halle came vnto the hous of the saide Toker and caused William Eotherey in the saide bille named to breke the bouse of the saide Toker or to carye or convey goodes of the same Toker to the value of ccc li. and more, or that the saide Halle regarded not the kynges lettres signed with his Signe in maner and fourme as in the saide bille is surmyttad. And withoute that the saide Halle caused the saide Toker to be broughte to prysone or leide vppon hym the said May res commaundement to the knowlege of the saide Executours, and yf the saide Toker was broughte to prysone and the saide Maires commaundement leide vppon hym it was for his mysde- meanure and disobedience to the saide Maire accordyng to the lawes and Customes of the saide Citie as the saide Executours suppose. And withoute that that any thyng of substaunce and materiall in the saide bille supposed is true oder thenne in this Aunswere is alleged to the knowlege of the saide Executours. Alle whiche maters they bene redy to approve as this courte woHe awarde and prayed ' to be dysmyssed oute of this Courte with their reasonable Costes and damages sustejnied for their wrongfull vexacion in this behalf. And that the saide Toker may be punysshed and imprysoned to fyne and raunsom for his saide suyte of Compleynt whiche is ayenst the kynges lawes and estatutes in suche case purveyed and made, consideryng specially that noon suche sute lieth nor oughte to be taken ayenst the said Executours "for any suche defaute doon by their saide Testatour yf he had any done as he did not to the knowlege of the saide Executours &c.^
HIDE V. GATE SB Y.'
To the KiDg our soverain lord.
1508- 29 In moost humble wise sheweth and comj)layneth vnto your high- nes your pore subgiet and dailly Oratonr Nicholas Hide late household
I Sic. ^ Mr. Hunt's Calendar, Bundle 4, No.
= The orders and decrees for this period 177. are lost.
COURT OF REQUESTS 11
seruaunt to John Catesby of Thorp Ludenham ' squier at the wages of xxvj s. viij d. by the yere with oon lyuerye conteynyng thre yerdes brode clothe, at ij s. viij d. the yerde : soo it is gracioux Lord that your Oratour at the tyme of his departure from his said late maister by his Hcence, was behynde vnpaied of his wages for oon half yere, that is to saye, xiij s. iiij d. and of his said lyuery for the hool yere to the value of viij s., whiche sommes of money he hath dyuers and many tymes demaunded of hym, and at all seasonnes by facinges and bra- cinges ^ hath been kept from the same and soo as yit is and euer shalbe oonles your grace prouyde his remedie in that behalf. Wher- fore the premisses graciouslye considered, and inasmouche as your oratour is and shalbe without remedie herin by course of the commen lawes, It maye please your Highnes that by oon of your officers at armes or otherwise as shall please your grace, the said John Catesby being dailly the moost parte of this terme in your palois at West- minster maye bee called before your honourable Counsaille and not to departe from the same to suche season as your oratour shalbe asser- teyned howe to bee answered and paied the said money and for his aforesaid lyverye accordingly. And the same your oratour shall especyally pray to God for your blissed preseruacion and moost royall estate long to endure.^
Endorsed. — Nicholaus Hyde uersus Johannem Catesby.
SMYTH V. ELYOT.*
Jhesn. A. Viito tlie kyng our sovereyn lorJe.
Io09 Moste lamentably schewyth vnto your grace your dayly beedman Wylliam Smyth who hath bene peasybly possessyd of iiij tenementes lyynge yn the parysh of seynte Clementes without the Tempyl bare the terme off xij yeres as yn hys demener ^ a fee by the gyffte yn hyr wedowhod off Alys late the wylfe off your sayd orator tyll one Eychard
' Thorp Lubenham, partly in Leicester- Catesby of Ashby St. Legers, esquire, and
shire, partly in Northants. John Catesby if this identification be correct, he perhaps
alienated it to Thomas Griffith or Griffin, retired to Thorp Lubenham after leaving
Esq., some time prior to 1.5.30. Nichols' Althorp. The date of this suit would then
' Leicestershire,' ii. 710. It lies about fifteen be between 1508 and 1530.
miles N.E. of Ashby St. Legers, the seat " To brace, to swagger. ' Facmg and
of the great family of Catesby in Northants. bracing,' Holinshed, ' Chron. Ireland,' p. 63.
This John Catesby is perhaps the John Halliwell, ' Dictionary of Archaic Words,'
Catesby of Oldthorp or Althorp, Northants, &c. (1850), sub Brace,
a little to the S.E. of Ashby St. Legers, ' No further proceedings found,
who sold his manor to tlie Spencers in * Mr. Hunt's Calendar, Bundle 2, No. 89.
1508. He was the second son. of John ^ Sic for ' in his demesne as of fee.'
12 COURT OF REQUESTS
Elyot sargaunt yn your law ' by faynyd accyonys off trespace & yndytmentes & by surmyse off xl U. lente by syr Wylliam Elyot hys brother vnto the sayd Alys vppon a corupte bargeyn fynabyll vnto your grace for the whyche trobyllys my lord Chaunceler comaundyd the Examynacyon vnto the master off the Eollys now bysschop off Yorke^ & to master KyngysmelH whyche iuggys awardydyd^ that your sayd orator schulde suffer the sayd Piychard Elyot to have the sayde b-indes & tenementes tyll he had the sayd xl U. & the frendes of your sayd orator at dyuers tymys hath offerj^d the sayd Eychard Elyot the sayd xl li. & he wyll not haue yt, but ryatybly came with xl personys & brake vp the dorys off your sayd orator & toke bothe londes & goodes & specyalteys & sente your sayd orator to preson & ther kepte sore hurte & with grete fetteres a longe tyme tyll he was compellyd by force off ynpresonment to sealle a Eealeasse & a quetance & ouer that condempnyd your sayd orator yn x li. for kepynge off hys awne lande whyche x li. your sayd orator hath payd, that notwyth- stondyng your sayd Eichard hath browght your sayd orator to out- lawry by the whyche your pore orator ys dystroyd by them that schuld geve beste ynsampyll and neuyr dare come oute off seyntory onles yt may pleasse your gracyus hyghnesse to graunte your sayd orator your gracyus pardon off" fre coste and your moste gracyus comaundment to the sayd Eychard Elyot to take hys sayd xl li. & to restore joiw sayd orator hys sayd londes & goodes a cordynge with ryght & good concyuence at the reuerence off God and yn the way of cheryte.
Endorsed. — "VVillelmus Smyzth contra Eliott.
B. Thys ys the yndentur that Syr Wylliam Elyot wolde have
had preseruyd by Wylliam Smyth & Alys hys wyffe with the oblygacyonys folowynge.
This Indenture-^ made the xij day of February in the xiij yere of the raigne of Kyng Henry the vij ^ betwene Alys Yerman of the parisshe of Saynte Clement withoute Templebarre in the subbarbys of London wydowe and Wyllyam Smyth of the said parisshe mercer of the
' Eichard Elyot was appointed serjeant- probably in 1509. His association in this
at-law April 28, 1509, S. P. Dom. H. 8, i. case with Eichard Elyot, as serjeant-at-law,
10. disproves Foss's conjecture that he died
■■^ I.e. Christopher Bainbrigg. This fixes before the accession of Henry 8 (April 22,
the date of the petition as after Dec. 12, 1509). Foss's ' Lives,' v. 158.
1508, when he became Aixhbishop of York. ■* Sic.
Foss's ' Lives,' v. 35. * This is a paper not indented, but
^ John Kyngysmell or Kingsmel, appointed apparently a copy of an original,
a Justice of the C. P. July 2, 1503 ; died " U98.
COURT OF REQUESTS 13
oon partie and Willyam Elyott of London Gierke of the other partie, Wytnasseth that the said WilKam Elyott haue grauntyd and letten to ferme vnto the said William Smyth and Alys all suche londes and tene- mentes as the said Alys hath solde unto the said William for the terme of X yeres yerely paying therfor vnto the said William Elyott v markes egally to he paid at iiij vsuall termes of the yere that ys to say at the Fest of Mydsomer Myhelmas ' Cristemas and Ester after the cnstmne of London dewryng the said x yercs, all maner of quyterentes and other charges and also sufficiently and wele to repayre the said Tenementes in all maner of thinges dewryng the said x yeres and so at thende of X yeres to leve the said tenementes wele and suffycyently repayred vnto the said William Elyott or his assignes and yf any faute be in payment in parte or in all by vj wekes after any of the said dayes of payment or doo nott suffyciently repayre the said tenementes that then it shall be leefull vnto the said William Elyott or his Eyers or his assignes to reentre into the said Tenementes & them to enjoye in his former astate and the said Alys & William to putoute this Liden- ture not withstondyng. More yt ys covenauntyd & gravntyd betwene the said William Elyott & William Smythe & Alys that ^ the said Willyam Smythe or Alys wyll geue vnto the said William Elyott or to his assignes xl li. sterlyng at any tyme within the said x yeres that then the said Willyam Elyott or his Eyers or assignes shall make and delyuer vnto the said William Smyth and Alys as good & sufficient astate in the lawe of the said tenementes as the lernyd Counsell of the said William Smyth & Alys shall devyse at the cost of the said Willyam Smyth & Alys. Provyded allwaye that the said William Smyth or Alys wyll or sylF the said tenementes or any parcell of them after that to any persone that then the said William Elyott his eyers or assignes shall haue the said tenementes for xl li. & a good and sufficient astate therof to be made vnto hym as can be devysed by the lerned Councell of the said William Elyott or his Eyers or assignes &c.
A. — Nouerint vniuersi &c. nos Wihelmum Smyth ciuem & mercerium Londonii & Aliciam vxorem eius teneri & firmiter obligari Willelmo Elyott in centum libris sterlingis &c.
B, — Noverint vniuersi &c. me Willelmum Elyott Clericum teneri & firmiter obligari Willelmo Smyth ciuis ' & mercerio Londonii & Alicie vxori sue in centum libris sterlingis &c.
A. — The condicion of this obligacion ys suche that yf the within- bound Alys & William make or cause to be made a sufficient astate in
• Sic. - Apparently ' if ' omitted. ' Evidently an omission here.
14 COURT OF REQUESTS
the lawe of her iiij Tenementes withoute Templebarre by Mydsomer next commjmg that then this obHgacion to stonde as voyde or els to stond in his full strength and vertue.
B.— The condicion of this obligacion ys suche that yf the within boundyn William Elyott pay or cause to be paid vnto the forsaid William Smyth & Alys xxv li. sterling by Whitsontyde next commyng & also make or cause to be made a sufficient astate in the lawe at any season within x yeres folowyng after the date of thies presentes vppon the payment of xl li. by the said William Smyth or Alys vnto the said William Elyott then this obligacion to stand voyde &c. vt supra.
This byll wytnasseth that I Y/illiam Elyott haue recevid of Alys Yerman iij deedes & fyne pertaynyng vnto sertayne londes of hers withoute Temple barre & vppon the said Evydences I haue delyuered vnto the said Alice xx s. In witnes wherof I haue wrj^tt this byll with my owne hande.
Wytnesses sir Wylliam Lynton & John Dent.
C. — Thys bill witnyssyth that I Wyllyam Elyot haue received of Alice Jermon iij dedes & fyne perteynyng vnto certeyn londes of hers withoute Temple barre & vppon the . . .^ euydences I haue delyuered vnto the seid Alice xx s. In wytnes [wher]eof ' I have wryte thys byll with my owne hand.
JOYCE V. TOLY AND ANOTHER.-
A. To the moste Keiierend father in God Thomas
Cardenall Legatt de latere.^ Archebjshop of
York and Chaimceler of Englond.
1518 Lamentably sheweth and compleyneth vnto your noble grace
your poore Oratour and dayly Bedeman John Joyce of Kyngesbryge
in the countie of Deuon Shomaker that where one Eobert Tolly of
dampnable envy malygnyng your seid compleynaunte a iij yeres past
moste falcely and vntruly sued oute of the kynges chauncry a wrytte
of supplicauit * ayenst your seid besechour Wheruppon your seid
besechour was arrested and so brought to the Sheryffes Warde and
there in warde styll remayned vnto such tyme as your seid Oratour
was feyne for fere of further inconvenyence to seale an obligacion to
the seid Robert Tolly of the some of x li. for the payment of xl s.
So it is gracious lorde for no payment of the seid xl s. the seid
' MS. mutilated. of York, and Chancellor, was appointed
- Mr. Hunt's Calendar, Bundle 13, No. 32. Legate in 1.518.
' Wolsey, already Cardinal Archbishop ^ See p. 16, n. 1, infra.
COURT OF REQUESTS 15
Eobert Tolly of late brought an accion of dett in the Common Place ayenst your seid besechour and theruppon was attached by one John Puttysham of Est Alyngton in the seid countie nowe Baylyffe errand vnto Thomas Denys knyght Sheryffe of the seid countie ' and there extorciously kepte your seid besechour in warde vnto suche tyme as he contented and payde vnto the seid John for his fees ix s. contrary to a statute made in the xxiij yere of the Pieigne of blessyd kyng Herry the vj'^ ayenst all Sheryffes vndersheryffes Baylyffes and other offycers for takyng of excesses ^ fees as in the seid statute with a penaltie of xl li. more at large ajjpereth ^ in grevous contempt of oure souereigne lorde the kyng and grete violacion of his lawes and to the grete punyshment and hynderaunce of your seid besechour bothe of his body and of his goodes and euery day more and more onles your gracious fauour be to hym the soner shewed in that behalfe. In tender consyderacion wherof in somoche as your seid oratour is not of poure to sue for his remedy by due course of the Common lawe that it may please your grace of your moste habondaunte charyte withoute further processe to commaunde the seid Piobert Tolly insomoche as he is nowe present at this terme to appere before your grace and other of the kynges honorable Councell in the Whitehall and there to answere aswell to all the seid premisses as to abide thorder and jugement of your noble grace. And furthermore gracious lorde that it may please your grace to graunte vnto your seid besechour the kynges wryte of subpena to be directed to the seid John Puttysham commaundyng hym personally to appere before your grace and other of the kynges Councell in the seid Whitehall at a certeyn day and vnder a certen payne in the same by your grace to be lymytte and sette and there to answere aswell to the seid penaltie of xl li. as to abyde thorder and jugement of your noble grace as you shall think to stond with ryght and conscience and your seid besechour shall dayly pray to God for your noble Estate long to endure.
Endorsed. Johannes Joyce versus Eobertum Tolly et Johannem Puttysham.
Committitur domino Decano capelle regie * et aliis De Consilio.
' Sir Thomas Denys was Sheriff in 1518 Inclosures in 1517 and 1518 ; Bishop of
(S. P. Dom. H. 8, ii. 4562), in 15'2-2 (ib. iii. Exeter, 1519. See 'Transactions of the E.
2067), and in 1527 (ib. iv. 3581). The date Hist. Soc' 1894, p. 278, n. Veysey was
of these proceedings is probably 1518. See employed on the Inclosure Commission
the note on Sir J. Shilston, infra. See during the summer and early autumn of
also pp. 50, n. 3, and 122, n. 2. 1518. As Wolsey was appointed legate
2 Sic. May 17, 1518 (S. P. Dom. H. 8, ii. 4193),
^ 23 H. 6, c. 9. this case probably belongs to the close of
* John Veysey, alias Harman or Hermon, that year. LL.D., Chairman of Commissions into
16 COURT OF REQUESTS
B. The aunswere of Robert Toly to the bill of complaynt put
ayenst hym by John Joyce.
The said Eobert Toly seweth that the said bill is vncerteyn & insufficient and procured of malice & evill wjdl & for none other cause and also the mater in the same bill is mater determynable at the Comyn lawe wherof he praieth allowance and thauauntage therof to hym savid if he be compellid to make ferther aunswere then he saieth that he beyng sworn emonges other men at Kyngesbrige at the Courte of the Archedekyn of Totnes holdyn & kepte at Kynges- brygge aforsaid presented & shewed accordyng to his Othe as trouth was that the said John Joyce kepte evill rule & evill gouern- ance in his house as fornycacion with oone Alice Polyng for the which presentement made the said John Joyce offten tymys gave him grete thretenynges & put hym in daunger & fere of hys lyff. Wher- uppon the same Eobert Toly purchassed a writt of supplicauit ' oute of the kynges Courte of Chauncerie a.yenst the said John Joyce for sauffgard of his Body & for fere of his lyff. Whervppon the said John Joyce made Intercession to sir John Shilston ^ knyght to be at an ende with the said Eobert Toly and offered to seale hym a general! acquytance and to geve hym xl s. in amendes for his costes to be paid at certeyn daies at whose instance & desire the said Eobert Toly toke a generall acquytance to hym made & sealed by the said John Joyce of his own free wyll writyn with the hand of William HuUmore of Totnes and delyueryd in his presence and afterward the same John Joyce of his own freewyll made & settled an obligacon of X U. to the said Eobert Toly for suertie of paiement of xl s. at certeyn daies nowe paste to be paid wherof as yet is no peny paid, wherfor the said Eobert Toly pursuyd an accion of dett ayenst hym vppon the said obligacion at the comrayn lawe as laufull it was for hym to doo, vppon which proces he was attached by his Body, which was but lawfull and as for paiement of any fees by the said John Joyce to the Shireff or to any of his Bailliffcs the said Eobert Toly had no medlyng therewith. Withoute that the said Eobert Toly of
' A writ by which the Lord Chancellor, ordains that certain persons in Chancery
in the exercise of his Common Law juris- shall be assigned to take care of the peace.'
diction, took security for the peace. G. Cowel. s.v.
Spence, ' Equitable Jurisdiction of the - Sir J. Shilston was in the commission
Court of Chancery, London,' 1846, i. 690. of the peace for Devon in 1515, and sheriff
' It is directed to the .Justices of Peace of of the county in 1.515-16. S. P. Dom. H.
the County and Sheriif, and is grounded 8, ii. 625, 1120. He was presumably here
upon the Statute 1 E. 3, c. 16, which appealed to in his magisterial capacity.
COURT OF REQUESTS 17
any en vie or malice vntruly snyd the said John Joyce by supplicauit or otherwise in maner as by his Bill ' complaynt be hath surmyttid. All which mater &c.
AMADAS V. WILLIAMS AND ANOTHER.^
A. To the king our s[ouer]ain ^ lord.
1519' Lamentably complaynyng shewith vnto your Highnes your true and faithfull seruaunt John Amadas yoman of your most honour- able garde.-^ That where as oon John Williams Churchewarden of the parishe churche of Tavestok in your countie of Devon and other of the substancial personnes of the same parishe hertofor instauntly desired and required hym to bye for them a crosse for their churche of Siluer and gilte in London, vpon whoes request and desire and vpon their promes to haue payment therfore, that is to say, an old crosse of siluer and the residue in redy money, your said seruaunt bought for theim a crosse of siluer and gilt weyeng twelf score and foure vnces at v s. i d. the vnce summe Ixij li. iiij d. whiche crosse by your said seruaunt so bought and deliuered to the said churchewarden and other the substanciall of the same parishe, who promysed hym the said old crosse and payment of the rest in redy money within viij dayes aftre. How be it now most gracious souerain lord the churchwardens and parisshoners now refuse and denye to deliuere the said old crosse or any parte or parcell of the money for the same new crosse to your said seruaunt whiche amountith to Ixij li. iiij d. to his expresse wrong and grete hinderaunce onles youre grace be vnto hym mercifully shewed in this behalf And forasmoche as your said oratour can haue no remedie against theim by your commen lawe,*^ It may therfor please your Highnes of your most noble and habun- daunt grace having tendre consideracion vnto the premisses to addresse your most gracious lettres vnder your pryvy seel vnto the said John Williams and John Goodstoke now churchewardens ther commaunding them by the same to come and personally appere afor
' ' of omitted. ' Eobert Amadas, goldsmith of London, was
2 Mr. Hunt's Calendar, Bundle 9, No. 76. master of the mint, which perhaps accounts
' MS. mutilated. for the transaction, assuming the two to
* The date on the endorsement of the have been related ; ib. 284, 4263, &c.
other petition of J. A. is ' xj° die Julii a° ^ His qualification to sue in this Court.
xi°.' Thisisprobably the reign of Henry 8. See Introd., pp. xv, xxxiv, Ixxxv, Ixxxviii,
J. A. received a pension of iicl. a day, and Ixxxix, supra.
a grant of the havenership of Cornwall on •* But see p. 196, n. 3, infra.
July 22, 1517. S. P. Dom. H. 8, ii. 3501.
18 COURT OF REQUESTS
your Highnes and your most discrete Counsaill taunswer to the pre- misses. And he shall euer pray for your most noble and Eoyall Estate.
Endorsed. Committitur domino decano capelle ^ regie et aliis de consilio.
[/« another hand.']
Fiat priuatum sigillum ut infra petitur ad comparendum vbicunque octabis Trinitatis proxime & sub pena cli.
John Gylberd.2
B. Thaunswer of John Williams to the byll of complaynt of
John Amadas.
The said John Williams sayeth that aboute the xv dayes before the Fest of the Natyuyte of oure Lorde God last past ^ the seid John Amadas by the exortacion of certen honest men of the seid parische brought a crosse of siluer & gilte to the seid parisshens weyng xij score vnces & aboue and ther shewid the seid crosse in the seid parische churche dyuers holydays to thentent to knowe whether the seid parisshens wulde bye the seid crosse or nott. And so aboute a moneth after the seid Fest of the Natyuyte of oure Lorde, the seid John Amadas desired the parisshens to haue an aunswer of the seid parische and seid farther that if they wulde haue the seid crosse they shuld paye to the seid John Amadas for euery vnce v s. j d.^ at the whiche tyme Nicholas Yeo esquier William Hawkyns Eichard Hawke & Eichard Mayeo & the more parte & most substancyall men of all the seid parische wer contentyd to haue the same crosse & to paye for euery vnce therof v s. j d. and that the seid John Amadas shulde haue in payement a crosse of syluer not gilte at the price of iij s.^ the vnce or asmoche as coude be dulye provyd that euery vnce was worthe and the seid crosse of syluer to be delyuered to the seid John Amadas within viij dayes then nexte folowyng and the residue ouer & aboue the value of the seid crosse to be payed to the seide John Amadas in redy money within the seid viij dayes whiche crosse of syluer & gilte was delyuired by the seid John Amadas to me the seid
' See p. 33, n. 2. Eogers, ' Hist. Ag.' iii. 375, 376. The price
' See p. cxix, n. 129, supra. was therefore high.
3 Dec. 25, 1518. * The decennial average price per oz. of
'' In 1501 silver-gilt staves for Chiu'ch silver plate for 1511-20 was 3s. 9|d. Eogers, use were sold at Oxford at 4s. Gd. per oz. ' Hist. Ag.' 488. The valuation was, there- in 1520, a silver salt with a gilt top was fore, low. sold at Cambridge at 3s. 6hd. per oz.
COURT OF REQUESTS 19
John Williams then beyng warden of the seid churche by thassent & agrement of the seid parisshens to thuse of the seid Churche whiche crosse ther remaneth in the seid churche to thuse of the same churche and also the seid John Williams sayeth that the seid crosse of syluer yet remayneth in the seid Churche & he knowith nott that the seid crosse of syluer was euer delyuired to the seid John Amadas nether that any somme of money was payed to the seid John Amadas for the seid crosse of syluer & gilte. And also the seid John Williams sayeth that he not ' warden at this tyme of the seid churche of Tavy stoke but the seid John Guscote namyd in the seid byll of compleynt is nowe warden of the seid church & was made warden of the seid churche in the Sondaye before the Festof the Natyuyte of Seint John Baptist^ last past. All whiche maters the seid John Williams is redy to prove as this Courte wull awarde and prayeth to be dysmyssed oute of the same with his resonable costes & charges susteyned in that behalfe.
c. The answer of John Gooscott to the bill of compleynt of
John Amodas.
The seid John Gooscott seith that the seid bill of compleynt is insufficient & vncerten in the lawe to be answered vn truly feyned to vexe the seid defendaunt contrary to right & good consciens of the whiche he prayth allowauns and if he be ferther compelled to answer the seid defendaunt seith by protestacion that he Knewe of none suche request or desire made by the churchewardens or any of the substauncyall of the seid parisshe to the seid John Amodas for to bye a newe crosse of syluer in London as he hath allegged and if any suche request or desire were made it was made by certen persons to the nombre of vj or viij & not by the hoole inhabitauntes & rulers of the seid parisshe and also if there were any promyse made to the seid John Amodas that he shulde have the crosse of siluer that before that tyme apperteigned to the parisshe churche for that crosse that he brought out of London & the ouerplus in redy money, that promyse was made to hym by certen persons not hauyng the hoole power or auctorite that to doo without the assent of the hoole parisshe and not by the agrement of the hoole inhabitauntes of the seid parisshe and for answer the defendaunt seith that long tyme sith the seid promyse to the seid compleynaunt was made the seid compleynaunt of his parte & dyuers of the substaunciall inhabitauntes of the seid parisshe of the other parte by the mediacion of the right reuerent father in
' Sic. « The feast of the Nativity of St. John Baptist is June 24.
c2
20 COURT OF REQUESTS
God Eichard abbot of Tavystok ' & John Eowe sergeaunt at the lawe^ agreed & condiscended that the seid compleynaunt shulde clayme no ferther promyse of the seid parisshioners for to haue the crosse of silver that before that tyme belongyd to the parisshe churche or els any money in payment for his newe crosse but that the seid crofse before apperteynyng to the churche shulde be delyuered to certen persons and they within a yere next after shulde fynysshe & gilte the seid crosse at ther propre costes & charges and the stuffe therof to be sterling, To the whiche agrement the seid compleynaunt accorded. The which mater the seid defendaunt is redy to prove as this Court will awarde and prayth to be dismyssed with his reasonable costes in that behalf susteyned.
D. The replicacion of John Amadas to the Answer of John
Guscotte.
The seid John Amadas sayeth in all thynges as he hathe seid in his byll of compleynt and that the seid John Amadas was desired to bye a crosse of siluer and gilte for the churche of Tavystoke by dyuers of the most substancyall men of the same parische as in the seid byll is alleggid and Furthermore the seid John Amadas seith that vpon a monycion & warnyng of the vycar of the seid Churche of Tavystoke openly in the pulpytte to the parisshens of the same and also wher the most substancyall men of the same parische wer warned by the warden of the seid Churche to assemble to gether and make aunswer to the seid John Amadas whether they wulde have the seid Crosse or nott, and theruppon aboute a moneth after the Fest of the Natiuite of oure Lorde last paste when the hole parisshens wer assembled to gither vpon a holydaye betwyn matens & masse, the seid parisshens made aunswer that they wulde haue the seid Crosse and to paye for the same v s. i d. for every vnce and farther promysed that the seid John Amadas shulde have the seid crosse of siluer that before belongyd and apperteigned to the seid Churche at the value of
' Eichard Banham, 1492-1523. ' Dngcl. persons, obtained a lease for twenty-one
Monast.' ii. 492. years from Sir John Daunce and John
^ John Rowe appears in the commission Hales, surveyors of crown lands, of all the
of the peace for Devon in 1509, and fre- lead mines in Dartmore forest at a rent of
quently afterwards. S. P. Dom. H. 8, i. a tenth of the metal found, his interest in
699, &c. Also for Cornwall, ib. ii. H87, and which he relinquished in favour of Crom-
for Exeter in 1537, ib. xii. ii. 1850 (30). well. S. P. Dom. H. 8, vi. 1457, 1176.
In 1510 he became a serjeant-at-law. Haydn, Nominated a member of the newly formed
' Book of Dignities.' In 1533 he, together Council in the West in April 1539 (xiv. i.
with Thomas Cromwell and eight other 743).
COURT OF REQUESTS 21
iij s. every vnce orelles for asmoche money as coude be duly provyd that the vnce was worthe and that the same crosse and the residue of the same money ouer and above the value of the seid crosse shulde be delyuired and payed to the seid John Amadas within viij dayes then nexte folowyng. Without that the seid John Amadas after the seid promyse made to hym of the delyuere of the seid Crosse by the seid parisshens and payement of the seid money was euer agreid and condiscended that he shulde clayme noo farther promyse of the seid parisshens for to haue the seid Crosse of syluer or any payement of money for the same, but the seid John Amadas sayeth that if John Gardyner • Thomas Burges John Cole & Richard Langbroke wuld haue ben bounde by their dede obligatorye in the somme of one c li. to the right reuerend fader in God Eichard Abbott of Tavystoke John Eowe seriaunt at the lawe Nicholas Yeo and WilHam Hawkyns vpon this condicion that if the seide Crosse of syluer brought to London & ther provyd & made good & lawfull syluer and after to be gilted att the Costes and charges of the seid John Gardyner Thomas Burges John Cole & Eichard Langbroke without farther charges of the seid parisshens and the seid Crosse so gilted to be brought & delyuired to the seid parisshens within a yere nexte after the Fest of the Natyuite of oure Lorde God last past then the seide John Amadas promysed to take ayen the newe crosse of syluer & gilte brought from London by the seid John Amadas without requireng any farther payement of any money of the seid parisshens and the seid John Amadas sayeth that ther was neuer any suche obligacion made to the seid abbott John Eowe & other as is abouesaid. Without that that after the promyse of the delyuere of the seid Crosse of siluer to be made to the seid John Amadas by the seid parisshens the seid John Amadas made any other promyse then is abouerehersyd all whiche maters the seid John Amadas is redy to prove as this Courte wull awarde and prayeth that he maye be payed & recompensid for the seid Crosse of siluer & gilte whiche the seid parisshens bought of the seid John Amadas.
E. The Interogatoryes of the parte of John Amadas ayenst
John Guscotte.
In primis whether the seid parisshens wer agreid by the most substancyall & the more parte of the seid parishe to haue a crosse of siluer and gilde of the seid John Amadas payeng therfor vs. id. for euerv vnce.
22 COURT OF REQUESTS
Item whether the seid John Amadas shuld have an olde Crosse of sihier that before belongid to the seid Churche m parte of payment of the same to the vahie of iij s. the vnce or asmoche as coude be duely provyd that the vnce was worth, and the same Crosse & the money ouer and above the value of the seid Crosse shuld be payed to and delyuired vnto the the ^ seid John Amadas within viij dayes nexte after the seid agreement.^
AMADAS AND ANOTHER v. BULLEWIKE AND OTHERS.'
F. To the kyng oure Soueraign Lorde.
1519 Humbly shewith vnto your Highnes youre faithfull seruaunt and daily oratour John Amadyez one of ' yomen of your moste honorable garde and one of the parisshens of the churche of Seint Eustas in Tavystoke and John Williams Warden of the same churche that wher John Bulwyke of Plymmouth within the seid county e of ^ Goldesmyth receyvid of the Warden & parisshens of the same churche ccc. vnces of Sterlyng siluer good and lawfull for to make therof a Crosse of siluer for the seid parishe whiche John Bulwyke made a Crosse of syluer of the same weight and delyuired the same to the seid parisshens whiche syluer is nott lawfull nor sterlyng as the seid John Bulwyke receyved by the value of viij d. in euery vnce whiche amounteth to the somme of x li. to the great hurte and damage of your seid Oratours & the seid parisshens and the seid John Bulwyke bathe gevyn certen rewardes to John Couche Thomas Burges John Durrant Eichard Langbroke & John Cole for the mayntenaunce of the seid John Bulwyke in his vntreuth and howe be it youre seid Oratours haue often tymes required the seid John Bulwyke to content & satisfye the seid parisshens for ther hurte & damages that they haue susteyned by reason of the vntrewe makyng of the seid Crosse yet that to do the seid John Bulwyke att all tymes hathe refused and yet doeth refuse contrarye to all right & goode consciens. In consideracion wherof pleas it your Highnes of your moste habnndaunt grace to graunte your gracyous letters of privy Seall to be directed aswell to the seid John Bulwyke as to the seide John Couche Thomas Burges John
1 Sic. have not been found.
■ The answers to these interrogatories * Mr. Hunt's Calendar, Bundle 9, No. 7G.
COURT OF REQUESTS 23
Durrant Eichard Langbroke & John Cole & euery of them to apper before your most honorable Councell at a certen daye & vpon a certen payne by your Highnes to be lymytted and your seid Oratours shall daily pray to God for the preseruacion of your most Eoyall estate long to endure.
Endorsed. Committitur decano capelle regie et aliis de Consilio. Amidas querens Johannes Bulwyk defendens & alii.^
Data securitate decretum est privatum sigillum fieri ut infra petitur ad comparendum vbicunque octabis Trinitatis ^ proxime sub pena c li.
xj" die Julii anno xi".'
Decretum est privatum sigillum fieri directum Johanni Guscote & Johanni Bulwyke ad comparendum vbicunque xv"^ sancti Michaelis proximi cum cruce in billa specificata et hoc sub pena cc U.
John Gylberd."
G. The aunswer of John Bullewike to the bille of complaynt of
John Amadas and John WiUiam.
The said John Bullewyke for aunswer saith that the said bille ys insufficiant to be aunswer ed vnto the mater theryn contayned, onely fayned of malice to putte hym to vexacion coste & troble without any cause of ryght and cannot by thys honerable court of ryght be putte to aunswer vnto the said bille of complaynt seuyd in the name of the said John Amadas & John William consideryng that the accion of ryght yf any wrong be doyn pertayneth vnto one John Guscotte nowe beyng warden of the church of Tauystoke Neuerthelesse for declara- cion of the trougth the said John Bullewike for aunswer saith that it was couenaunted & graunted as it apperyth by indentures of coven - auntes made bytwene one John Coych then beyng warden of the said Church Nicholas Yeo John Amadas dwelling at Court Yatte'^& William Howkens to vse of the said paroch of Tauystoke of the one partie and the said John Bullewike of the other partie which forsaid indentures weire made the firste yere of the raigne of our soueraigne lorde the kyng that nowe ys *^ & by the said indentures it was couenaunted & graunted that yf the said John Bullewike made or causaid to be made a greatt Crosse of good sufficiant stuffe of siluer or worth iij
1 This line in a different hand. * See p. cxix, n. 129, supra.
^ 26 June. " Yat, gate. Halhwell.
' 1519. 6 1509.
24 COURT OF REQUESTS
schillengges & ij d sterling euery vnce and also yf the said John Bulle- wike delyuered the said Crosse soe made vnto the said AYarden or to hys assigne withyn the yere next insuyeng the date of the said indentures & vppon snych delyuere of the said Crosse made by the said John Bulle- wike it was ferthermore couenaunted that the said Warden with the persons aforesaid beyng then dwellyng withyn the said paroch schuld diiely at there libertie sarych and prove withyn one yere next insuyeng the maj'keng & delyuere vnto the said warden of the forsaid Crosse & yf any fawte cowdebe duely proved & founde yn the makyng or yn the stuffe of the said Crosse withyn the said one yere that then vppon notice therof made vnto the said John Bullewike it was couenaunted & graunted by the said indentures vppon payne of a hundred pondes sterling that the said John Bullewike schuld make agayn the said Crosse sure & sufficiant & yf noe defawte cowde not be duely proved & founde yn the said crosse withyn the said one yere it was ferther- more couenaunted that the said indentures with a obligacion wheryn the said John Bullewike with other stode boundyn to the vse of the said paroch schuld be voide & of nane affecte. All which e forsaid couenauntes & premyses the said John Bullewike hath performed. With that he wylle awarre ' that the said warden nor noe nother person for the said paroch neuer founde fawte yn the makyng nor stuffe of the said Crosse withyn the said yere nor it doith. All which for- said maters the said John Bullewike ys redie to awarre ^ as thys honerable court wylle awarde & prayth to be dismyssaid therof with hys resonable costes & charges sustayned to hym yn thys behalf.
H. The replycacion of John Amydas and John Williams to
thaunswer of John Bulwyke.
The seid John & John sayen that the said byll is certen and suffi- cyent to be aunswerid vnto and the mater therin contej^ned is of trouthe and nott fayned to put the seid John Bulwj^ke to vexacion & trobull and also the seid John Amadas & John Williams sayen that the seid John Williams was warden of the seid Churche at the tyme of the makyng of the seid byll and they knowe nott that the seid John Guscotte is nowe warden and though the seid John Gnscotte be nowe Warden of the seid Churche of Tavystoke yet the seid John Bulwyke ought to be putt to aunswer therto, for that the seid byll was well commencyd and ther sute is for & to the vse of the seide Churche and moreouer the seid John & John sayen that they know nott of any
' Aver.
COURT OF REQUESTS 25
suche Indentures of couenaunt made betwyn the seid John Cowche & other to thuse of the seid parishe of Tavystoke and the seid John Bulwyke and if ther wer any suche Indentures made the seid John and John sayen that the couenauntes comprised in the seide Indentures to be performed of the parte of the seid John Buhvyke v^er not per- formed by the seid John Bulwyke accordyng to the seid Indentures and also the seid John Amadas & John Wilhams sayen that they knowe nott whether the wardens or the parysshens of the seid parische of Tavystok founde any defaute in the makyng of the seide Crosse or in the stuffe of the same within one yere nexte after the delyuere of the seid Crosse to the seid parisshens or nott and though noo defaute wer founde in the makyng of the seide Crosse nether in the stuffe of the same within the same yere, yet the seid John Bulwyke is not dis- charged of his vntreuth & deceptfull makyng of the seide Crosse but only of the penaltye comprised in the said obligacion specified in the seid aunswer. And for asmoche as the seid John Bulwyke hath not denyed but that he receyvyd of the Wardens & parischens of the seid Churche ccc. vnces of sterlyng syluer good & lawfull to make a Crosse therof, and also the seid John Bulwyke hathe not denyed but that the siluer of the Crosse whiche he delyuired to the seide parisshens is vnlawfull & not sterlyng nether so good in value by viij d. in euery vnce as he receyvid of the seid parisshens whiche amountith to the somme of X li., the seid John Amadas & John Wihiams prayen that the seid John Bulwyke may make recompence to the seid parishe aswell of the seid x li. as for the losces that the seid parisshens haue for the fasshyon of the seid Crosse, whiche amountith to the somme of xx markes or theraboute, and also to be punysshed for his disceyte & vntrouthe in example of other suche offenders & mysdoers.
I. The Keiounder of John Bullewike to the repHcacion of John
Amadas & John Williams.
The said John Bullewike saith that hys aunswer ys sufficiant mater of barre & determynable at comon law & ferther saith and auerith euery thyng yn hys said aunswer byfore alleged to be true and ferthermore saith yn as much as it ys not denyed but that the said John Guscotte ys nowe warden of the said Churche of Tauystoke and also that the said indentures of couenauntes for the makyng of the said Crosse weire made bytwene the said John Coych & other to the vse of the said paroche & the said John Bullewike. All which forsaid couenauntes comprisaid yn the said indentures the said John
26 COURT OF REQUESTS
Bullewike hath performed and also ys confessaid that the said John Amadas and John WilHams are nott Wardens of the said Church nor none of them the said John BuUewike praith as he hath praid to be discharged out of thys honerable court with hys resonable costes & charges sustayned to hym yn thys behalf.
J. The aunswer of Thomas Burges Eichard Langbroke & John
Coll to the bill of com^Dlaint of John Amadas & John Williams.
The said Thomas Burges Eichard Langbroke & John Coll saith that the seid bill of complaj^nte is vncertyn and insufficient in the lawe to be aunswerid vnto for that one John Gooscott was warden of the said Church of Tauystock at the tym of the commensying of the said bill and yet ys and not the saide John Williams namyd within the said bill nor yet the said John Amadas & so the saide bill ought by the lawe to abate in so moche as ther ys no warden of the saide churche namyde in the saide bill and also for that that non of the Comens ought to be namyd with the wardens of the said churche of which mater the said defendauntes prayith for to have avantage and askith iugement of the said bill and prayth to be dismyssid with ther costes in that behalf susteignyd and if they be further compellide to aunswere for the declaracion of the ferther trewith for aunswere they saith that the said def endanttes tok nor receyuyde no sommes of money nor yet no other thyng in valewe of the saide John Bullock for to mayntenew hym in his vntrewith in maner and forme as the saide complaynaunttes by ther saide bill have surmiside nor the saide defendaunttes haue not maynteignyde the said John Bullock in his vntrewith ayenst the saide complaynauntes in maner and forme as they by ther saide bill haue alleggide all whiche maters the saide defen- daunttes be redie to prove as this Court will awarde and askith iugement of the saide bill and praith to be dismysside with ther reasonabell costes in that behalf susteignyed.
Endorsed. John Amadas et alius querentes Thomam Burges et alios.
K. The Eephcacion of John Amadas & John Williams to the
aunswer of Thomas Burges Eichard Langbroke and John Cole.
The said John Amadas & John Williams say en that the seide byll is certein and sufficyent to be aunswerid vnto and that the seide John
COURT OF REQUESTS 27
Williams was warden of the seid Churche of Tavystoke at the tyme of the makyng of the seide byll and not the seide John Gustoke as is alleggid in the said aunswer and though the seid John Amadas be namyd in the byll with the seid John Williams Warden of the seide Charche yet the byll is goode & suflfycyent & ought not to abate for tiiat their compleynt & suyte is for the vse & behofe of the seide Churche ; and farthermore the seid John & John sayen in all thynges as they haue seyde in their byll of Compleynt and that the seide defendauntes receyvid money & rewardes of the seide John Bulwyke to maynteign hym in his vntrouth & mysdemeanour and also the seid defendauntes have mayntened the seid John Bulwyke in his vntreuth ayenst the seid compleynauntes in maner & fourme as they haue alleggyd in their byll of Compleynt.
L. The Interogatories for the parte of John Amadas & John
Williams ayenst John Bulwyke Thomas Burges Eichard Langbroke & John Cole.
In primis if the seid John Bulwyke receyvid of the Wardens of the Churche of Tavystok ccc vnces sterling of good & lawfuU siluer to make a Crosse for the seid parische.
Item if the Crosse whiche the seid John Bulwyke delyuired to the seid parische wer good & sterlyng siluer or not And if it wer nott good sterlyng siluer how moche it was worse in euery vnce then the sterlyng siluer.
Item if the seid Thomas Burges Eichard Langbroke & John Cole mayntened the seid John Bulwyke in his vntreuth ayenst the seid compleynauntes in the false makyng of the seid Crosse as is alleggid in the seid byll of Compleynt.
r Williams Webbe.
Endorsed. < John Williams.
I Henry Langesord.
M.' Answers to the above Interrogatories.
Eobert Cowper of . . . dun^ Goldesmyth sw[orne] . . .^ Bulwyke receyved of the Churche wardens of Tavys[toke]^ ccc vnces sterlyng of good & lawful] syluer to make a Crosse saith vpon his "* that he knoweth
' Head of document torn off. ' Mutilated.
* Mutilated, qu. Londun. '' Sic, ' oath ' omitted.
28 COUET OF EEQUESTS
not of the recepte thereof, but he sayth that he hath seen the same Crosse made by the said John Bulwyke and hath taken asay of the same and somme of the syhier thereof ys worsse in apounde weight by iij s. viij d. then sterling money and somme therof worsse by vj s. viij d., and to the residue of the Interogatories he knoweth not.
Per me Eobert Cowper.
. . .^ saithe vpon [liis o]the he knoweth well that ther was delyuered to John Bulwyke cciiij'''' vnces of siluer by the parisshens of Tauistoke wherof ther was aboute viij or x vnces that the said Bulwj^ke alowed the said parisshens viij d. in an vnce wherwith the spylle - of the crosse was made and he hathe herde diuers goldesmythes & other men say that the Crosse made by the same Bulwyke was not worthe paste viij grootes the vnnce wheirvpon the hole parisshens afterward excepte a certain of theym wer frely agreed to the byeng ^ of of ^ a newe Crosse whiche was broughte whome by John Amadas vpon a bargayne by hym made whiche this deponent saythe after his estimacion all the parisshens wold haue byn contented & so wer all then beyng in the churche excepte suche as wer mooved to the contrary by Thomas Burges Eychard Langbroke and John Cole with vj moo or ther- aboutes of theyr affinite whiche haue byn causers of the breche of the mater nowe in variauuce to the whiche bargayne this deponent was priue at the makyng & that it was agreed by the
substaunciall of the parisshens that the said John ''
to the Churche ^ payment -^ to
the value of iij s. the vnce or forasmuch ^ coulde
be duely proved that the vnce was worthe and the same Crosse & the money ouer and aboue the value of the said Crosse should be payed & delyuered vnto the said John Amidas within viij d?ijes next folowyng the agreement then made at whiche t3'me the newe Crosse broughte by the said Amidas was delyuered to John Williams then beyng churchwarde and mor knoweth not.
Per me William Webbe.
John Williams of Tavistoke of thage of 1 yeres or theraboute suorn and examined agreethe in al thynges touchyng the bargan made for the newe crosse as Webbe hath said. At the whiche tyme
' MS. mutilated. ^ ' makyng ' struck through.
- Spill, the stalk of a plaut. Devon, * Sic.
Halliwell, s.v. * MS. mutilated.
COURT OF REQUESTS 29
Eychard Langbroke was present and was not disagreed nor nothyng said to the contrary and further examined of and vpon al other the Interogatories sayth as Wilham Webbe hathe saide and that the said Thomas Burges Eychard Langbroke and John Goole do mayn- teigne the said Bulwyke in his vntrothe as fore as this deponent can perceyue for they disagre to the bargaine made and non other but suche as they move therto
AMADAS V. BULLEWIKE.
Eodem Die.^
1519 Johannes Bulwyke comparuit virtute breuis de priuato sigillo ad sectam Johannis Amidas et habet ad respondendum bille in die Veneris proxime et sic ad comparendum ut supra. Simih modo comparent Thomas Burges Eicardus Langbroke et Johannes Coole et habent ad respondendum et ad comparendum ut supra.
Eodem die comparuit Johannes Gostoke comparuit "* virtute breuis ad sectam predicti Johannis et habet ad respondendum ut supra. Postea vero primo die Juhi anno supradicto Johannes Wilhams com- paruit virtute breuis ad sectam Johannis Amidas et habet ad com- parendum ut supra. Eodem die admissi ^ sunt partes predicte comparere coram consiho domini Eegis in causa contra eos mota ex parte dicti Johannis Amidas per Johannem Eadford atturnatum & eorundem cum clausula de iudicio sisti et iudicata soluenda si &c Et hoc sub pena xl li.'^
PETYRSON V. FREDRYK AND OTHERS."
A. ' To my lorde Cardinallis grace.'
1521 < In mooste humble wise beseching your good grace your humble Oratour & feithfuU and ^ bedman Cornelus Petyrson Ducheman That where as he hath contynued brother of the bretherhed of Seynt
' MS. mutilated. ^ There are no more entries relating to
2 Orders & Decrees, Vol. iv. p. 164. this case in vol. 4, and the orders and
' This refers back to p. hVS, ' xxix die decrees for 12 and 13 H. 8 are lost.
Junii,' and p. 161, ' anno xj°,' i.e. June 29, " Mr. Hunt's Calendar, Bundle 7, No.
1519. ' Sic. 125.
30 COURT OF REQUESTS
Barbara by the space of x yeres, and hath truly payed for his mcom- myng and all other duties and charges as it is yerely ordeyned for the mayntenaunce of the same brotherhed according to the Eollis and bokes of the same. And farther gracious Lorde it is provided that if any of the brethern of the same bretherhede shall happe to falle in pouertie siknes or bedred That than he or they so being shall wekely have oute of their boxes and Tresoure xx d. to susteigne their poore lyves And at their decease to be honestly brought to be buryed with dirige and Masse of Eequiem And euery brother to offer whiche offering is for the same oportunite to awge • their bretherhed. And where now of late certeyn presumptuouse and maliciouse persones of the same bretherhed entending to breke the good ordre biforseide, and to exclude and put owte your seid bedman frome the seid Bretherhed so that your seid besecher can not haue nor enioy the custome of the seide bretherhede according to the effect of the Bokes and Eollis of the same. Wherfor to thentent that right equite and good ordre may be had and fromhensforth vsyd in the seid Bretherhed, It may therfor please your grace of your benigne charite To graunte your moost gracious lettres of commission to be directid to certeyn indifferent persons straungiers dwelling and enhabited in London To calle bifore theym the Wardeyns of the seide Brotherhed accordingly to make aunswer to the premisses And ferther the same commis- sioners to settle suche ordre therin as your seid bedman may be taken and admytted a brothre and to enioy all the customes and privileges of the same. Orellis the seid Wardeyns to restore vnto your seid bedman all suche somes of money as they haue received for his admission and yerely paymente by hym made for the same Bretherhed with his reasonable costes and charges. This gracious lord in the honour of God And he shalbe your daily bedman duringe his life.'
Endorsed. Fiat Commissio Keston Fredrik Petrus^ Flemyng Gwerdiani Fraternitatis Sancte Barbare infra London Jaspar Arnord Michaelis '^ Euerard Tylman Scole & Antonio ^ Dey Zelandrie ad audiendum & determinandum causam infra scriptam. Sin autem ad certificandum domini ^ Eegis ^ a die Michaelis archangeli in xv dies proximos futuros. Per Breve.
B. — ^Henricus dei gracia Eex Angiie & Francie & Dominus Hibernie Dilectis & fidelibus suis Keston Fredryk Petrus ^ Flemyng
' Qu. whether this is a case of phonetic land for the suggestion that it is perhaps a
speUing for ' towards,' or ' awge ' is another coined word from the Latin aiigere, the
form of ' avage,' used verbally in the sense original running ' ad augendum fraterni-
of to contribute, &c. See Halliwell .s«6 tatem.' ^ Sic.
' avage.' I am indebted to Professor Mait- " This, like the preceding endorsement.
COURT OF REQUESTS 31
Gwerdianis Fraternitatis sancte Barbare infra London et Jaspare Arnold Michaelis ^ Euerard Tylman Scole & Antonio Deye Zelandrie. Sciatis quod assignauimus vos quatuor vel duos vestrum ad inquirendum & examinandum viis & modis quibus melius sciueritis vel potueritis de & super querela in billa hiis presentibus annexa eontenta & specificata & eandem querelam iuxta sanas discreciones vestras determinandum. Sinautem vos quatuor vel due ^ vestrum consilium nostrum apud Westmonasterium a die Michaelis Archangeli in xv dies proxime futuros de omni eo quod inde feceritis reddatis cerciores remittentes nobis tunc billam predictam vnacum hoc brevi et ideo vobis quatuor vel duobus vestrum intendamus ^ quod circa premissa diligenter intendatis ac ea faciatis & exequamini cum effectu. Teste me ipso apud Westmonasterium viij die Julii anno regni regis Terciodecimo.^ Toneys.^
MYDDLEWOD v. ABBOT OF WHITBY.
A. To the Kynge our Souereign lord.
1531 In most humble & lamentably wyse compleynyng sheweth vnto your Hyghnes your true Subiett & dayly Orator Eoger Myddlewod gentyllman, That where your seid orator beyng a poore seruyng man^ and also hauyng butt fewe frendes to truste vnto for his lyuyng, to his greate costes & charges dyd apparell hym selffe meate & con- venyent for a seruyng man and also indeuered hym selffe to the beste & vttermost of his power to be with some honourable man or other substauncyall & honest man in seruyce to thentent he therby myght haue some honeste lyuyng and also be well brought vppe in his othe.*^ By reason wherof your seid oratour hadd greate offers & requeste of
appears to have been copied from a draft by whom the present instrument was drawn
by some clerk imperfectly acquainted with up in conjunction with William Burbank,
Latin. To the document is attached a LL.B.' His preferment at York dated from
fragment of the original Privy Seal, with June 14, 1516. Le Neve,' Fasti,' iii. 180, where
the letter H still visible. he is wrongly spelt Toncy. At this time he
' Sic. ^ 1521. wasoneof the clerks in Chancery, S. P. Dom.
^ Presumably Robert Toneys or Tunneys, H. 8, iii. 1083, and Wolsey subsequently
a prebendary of Lincoln and Sarum, much (1523) appointed him to the lucrative office
employed in legal business by Henry 8. S.P. of clerk of the Hanaper, ib. 2987. No
Dom. H. 8, i. 5282, ii. 1076. In ib. ii. 3437 he further proceedings found,
attested the Treaty (5 July 1517) between ^ Mr. Hunt's Calendar, Bundle 6, No.
Henry, Maximilian, and Charles, Prince of 174.
Castille, and is there described as ' Robert ^ The words ' not borne to eny landes or
Toneys clerk, canon of the metropolitan heredytamentes ' struck through.
Church of York, LL.D., and notary public, ** Youth.
32 COURT OF REQUESTS
dyuerse worshippfull men and was requyred to be in seruyce of dyuerse of them promysyng hym greate wages for his seruyce. So itt is most gracyous soiiereign lord one John Hexsam abbott of the monesterye of Whytby in the county of Yorke ^ heryng that your seid orator was mynded to goo vnto seruyce and also perceyuyng that he hadd many greate offers of wages tended vnto hym by dyuerse & sundrey worshipfull & honeste persons and that he the seid abbott had greate nede of a seruaunte, the same abbott about v yeres past requyred your seid oratour to be reteyned in seruyce with hym for certen yeres seying & feithfully promysyng vnto your seid oratour thatt he wold gyue & paye vnto your seid orator iiij markes ^ yerely for his wages as longe as your seid oratour wold abyde in seruyce with hym. Wher apon your seid orator trustyng to the seid fayre promyses & agrement of the seid Abbott was content & agreed to be in seruyce with the seid Abbott for the seid yerely wages of iiij markes and then & there at Whytby aforseid came & entred into the seruyce of the seid Abbott accordyngly and was so reteyned with the seid abbot in seruyce & serued hym by the space of iiij yeres & aboue duryng all which tyme your seid orator coude receyue ne gett of the seid abbott eny parte of his seid yerely wages but at all suche tymes that your seid orator dyd require of the seid abbott his seid wages the seid abbott with flateryng and disceytfull wordes dyd att all tymes promyse & seye vnto your seid orator that he shuld be pleased & well payde euery penny therof & moche more for his good seruyce, yet notwithstondyng your seid orator duryng all the seid iiij yeres coude nott haue ne receyue of the seid abbott eny parte of his seid wages. By occacion wherof your seid orator was ronne farre in dett, and his rayment & apparell sore worne & spent and ther apon for greate necessyte your seid orator after the seid iiij yeres exspyred & ended departed & went out of & from the seruyce of the seid abbott and albeit that your seid Orator hath often & sundrey tymes desyred & instantly requyred the seid abbot to content & paye vnto your seid orator his seid yerely wages of iiij markes amountyng in the hole to the somme of x li. xiij s. iiij d. which to do the seid abbot hath at all tymes contrary to his seid promyse of his malycious & cruell mynde wrongfully refused & denyed & yet doth contrary to all right & good conscyens, and for asmoche as your seid orator is a poore seruyng man & of very smalle substaunce & in maner brought vnto greate pouertye by the vnlawfull meanes of the seid abbot, and
' John Topcliffe, alias Hexham, elected 1527, resigned 1537. ' Dugd. Monast.' i. 408. 2 21. Us. M.
COURT OF REQUESTS oo
the seid abbot beyng & ' man of greate substaunce & power & also greatly borne & frended within the seid countrey and also pereeyueth that your seid Orator hath noo especyaltie ne wrytyng prouyng the seid contracte nor that he can haue eny indyfferent tryall there, Wherfore your seid Orator is without remedy for thopteynyng of his seid wages by the due course & ordre of the Comen lawe & otherwyse onles your most gracyous aide & socoure be vnto hym shewed in this behalfe. In consyderacion wherof it may please your grace the premysses consydered to graunte vnto your seid Orator your most dredd wrytte of pryuatte seale to be dyrected vnto the seid abbot commaundyng hym by the same personally to appere before your highnes & your moste honourable Counsell at a certen day & upon a certeyn peyne by your highnes to be lymyted then & there to make answere to the premysses & further to be ordred theryn as shall accorde with right & good conscyens. And your seid Orator shall dayly pray to Jhesu for the preseruacion of your most ryall grace longe to endure.
Endorsed. Myddlewod uersus Abbatem de Whytby.
Fiat priuatum sigillum ut petitur ad soluendum debitum vel aliter ad concordandum cum querente aut ad comparendum per se vel atturnatum suum sufiicienter instructum xv'' Trinitatis proxime sub pena c li.
Eich. Sampson 2 Dean.
xxiij" die Junii anno regni regis xxiij".'
Certificate was made afor the Kinges Consaill by Sir Robert Constable "* Knight that the parties her specified haue by theyr assentes compromitted theyr cause to the determinacion of the lorde of Northumberland' and ther vpon the parties licensed to departe at theyr liberties.'^
• Sic. < One of the leaders of the Pilgrimage
= Appointed Dean of the King's Chapel of Grace in 1536. Born about 1478 ;
of St. Stephen's, Westminster, probably hanged at Hull for high treason in 1537.
through Wolsey's influence, in 1516. Am- ' Diet. Nat. Biog.'
bassador to the Emperor, 1522-5. Dean * Henry Algernon Percy, sixth earl of
of Windsor, 1523. Ambassador to the Northumberland, born c. 1502. Steward
Emperor, 1529. Dean of Lichfield, 1533. of the Honour of Holderness, 1527, and
Bishop of Chichester and Dean of St. Lord Warden of the East and West
Paul's, 1536. Bishop of Coventry and Marches in the same year ; died 1537.
Lichfield, 1543. Lord President of Wales. ' Diet. Nat. Biog.'
Died 1554. ' Diet. Nat. Biog.' " Each of the above endorsements and
^ 1531. the signature in a different hand.
D
34 COURT OF REQUESTS
B. Thaunswere of John thabbot of Whitby to the fenyd bill of
Eoger Midylhvood.
The said abbott saith that the Bill of complajntt is insufficientt in lay^ to be aunsweryd vnto and the matteres therein contenyd fenyd of euyll wyll only to putt the said abbott to charge & for non other cause. Neuertheles yf the said abbott shalbe compellyd ferther to aunswere by order of this Courtt than for aunswere the said abbott saith that he the said abbott, by dyuers the frendes of the said complainant was greaitly laborid to taike to service the said Eoger Mydyllwood, The said abbott auns\Yering the said Eoger was a gen- tylman, a man of fortty merkes - londes or more, and that he wold thinke evyll with suche small wages as the hows of Whitby myght bere,^ neuertheles to suche tyme as the said Eoger dyd provyde hym of a better service, the said obbott said he wold be contentyd that the said Eoger com to his howse, and suche waiges as was accostomyd to gyve to other seruaunttes, the said abbott atthe medyacion & greatt labour of the said Eoger & other his frendes & of pittye to suche tyme the said Eoger myght be resonably pro vy dyd in service with any other person of more abilyte & that wold gyve hym higher waiges, the said abbott was contentyd to taike to seruice the said Eoger & to gyve the said Eoger the waiges of the howse accostomyd to be gyvyn to all other seruaunttes doyng seruyce to thabbott his predicessors or brederyn of the said howse of Whitby, whiche waiges accostomyd was forttye Shillinges by the yere and for so many yeres as the said Eoger dyd serve & do servyce to the said abbott, the said abbott at two tymes in the yere accostomyd to pay waiges, that is to say at the feste of Penticost & Martynmas by evyn porcions, dyd pay the said Eoger his said waiges, and after the said abbott and the complaynauntt agreid that the said Eoger shuld be cummyng and goyng & to haue for his waiges only thurteyn shillinges & foure pence by the yere and no more, and to nowe of laitt the saith abbott haith paid the said xiij s. iiij d. to the complaynauntt in full contentacion of the waiges of the complaynaunttes. W^ith owt that that the said abbott did reteyn the said Eoger for any suche somme of foure merkes as by the said bill vntrewly is surmyttyd, and with owt that that the
' Anglo-Saxon foiTn, perhaps intended per annum (John Speed, ' History of Great
foi^ the Anglo-Norman ' Ley,' law. Britaine,' ed. 1650, p. 826 b.). Its revenues
- '26Z. 13s. id. " were seized by the king in 1537 for alleged
^ As a matter of fact the Abbey was one complicity in the Northern rebellion.
of the great religious houses. Its gross • Dugd. Monast.' i. -lOS.
rental, according to Speed, was oOol. 9s. Id.
COURT OF REQUESTS 35
said abbott maid euer any laibour to haue the said complaynaimtt in seruice or was destjtute of any suche seruauntt, and with owt that that the said abbott doith owe vnto the said complaynauntt any suL-he waiges as by the said fenyd bill also vntrewly is surmyttyd, and with owt that that any thing in the said fenyd bill of the com- playnaunttes is trewe ' oder than ys confessed & avoided or trauersyd ys trewe/ all which matteres the said abbott is redy to prove as this Courtt shall award & prayith to be dismyssid owtt of the same with his resonable costes & charges susteynyd in this behalf.
ORDERS AXD DECREES.-
xxf die Junii anno regni regis xxiij" viz. xv" Trinitatis.
531 Henricus Diiven ^ monaciis nomine Abbatis de Whitbye in comitatu Eboracensi personaliter comparuit apud Westmonasterium die et anno supradictis ad sectam Eogeri Middlewod et habet diem sibi datam ad respondendum bille in diem Veneris proximo et sic ad com- parendum de die in diem donee et quousque aliter habet in mandato per consilium prtdictum et hoc sub pena predicta.
JETTOUR AND OTHERS v. HULL, MAYOR OF.*
A. The replicacion '■ of John Jettour John Colby el' other the
Inhabitauntes of Leystoft Kyrkeley & Pakefyld to the aunsewer of the Mayer '^ and Aldermen of the Towne of HuUe.
>33 The seid John Jettour John Colby & the other Inhabitantes of the seid Townes of Leystofte Kyrkeley & Pakefylde seye & auerre all & euery thing conteyned in their seid byll of Compleynt to be goode & true in all poyntes. "Withought that that eny of the marchauntes of the seid Townes of Leystoft Kyrkeley & Pakefylde or of eny of them • when they haue reparid to the seid Towne of Hulle with their shyppys ladyn with heryng & their in the hauyn at an anker haue at eny
' Interlined. - Vol. v. p. 209. * Mr. Hunt's Calendar, Bundle 3, No. 249.
^ Qu. whether this is the Henry Davell ^ The previous pleadings have not been
also called De Yall, who was elected Abbot found.
in locitj, and who finally surrendered the ■* James Johnson, J. Tickell, ' History of
haube to the King Dec. U, 1540. Dugdale.Z.c. Hull' (179S), ii. 675.
D 2
36 COURT OF REQUESTS
tyme pryvylye & craftely solde eny Barrelles ' of heryng ouglite of their shippys withought eny notysse or knowlege by them geuyn therof to the seid mayer & offycers of Hulle for the tyme beyng in maner & forme as in the seid aunsewer ontruly is aledgid and with- ought that that eny of the kynges subiectes haue be bygyled & disseyuid by their hying of eny barrelles of heryng of eny of the seid marchauntes of the seid Townes of Leystoft Kyrkeley & Pakefyld as in the mesurs & contentes of the seid Barrelles of heryng or in the (jualites & goodenes of the same in maner & forme as in the seid aunsewer ontruly is aledgid and withought that that it hathe byn vsid within the seid Towne of Hulle withought tyme of mynde that nomaner of marchaunte shulde sell eny heryng oughte of eny shippe their before that the heryng ware layde alonde to be sene by the officers of the same Towne of Hulle in maner & forme as in the seid aunsewer ontruly is aledgid And withought that that the seid mar- chauntes of the Townes of Leystoft Kyrkeley & Pakefyld haue vsid withought tyme of eny remembraunce to the contrarye whenne they haue reparyd them seluys with their shippys & heryng to the seid Towne of Hulle haue vsid there to selle their seid heryng in the seid Towne vppon the seid toe market dayes & not at no other days with- oughte paieng monney for that liberte in maner & forme as in the seid aunsewer ontruly is aledgid and withought that that it hathe byn vsid within the seid Towne of Hulle that if eny Stranger did bargeyn & selle eny heryng within the seid Towne of Hulle & that if they did selle eny heryng at eny other days thanne on the seid market days that thenne they shulde paye for euery laste'^ of heryng solde at suche tyme besyde the market days the somme of ij s. iiij d. towardes the Reparacions of the gettys & wallys aboughte the said havyn in maner ^l' forme as in the seid aunsewer ontruly is aledgid And withought that that it hathe be of longe tyme vsid that if eny Stranger with eny heryng thether reparyng wolde hyre eny house or shoppe within the seid Towne that thenne he shulde not opyn hys wyndowe to selle his seid hering & wares excepte he did agre therfor with the officers of the same Towne of Hulle for the tyme beyng for the summe of iij s. iiij d. ouer & beside the Ferme of the same shoppe in maner & forme as in the seid aunsewer ontruly is aledgid for the seid compleynauntes seye that in tymes paste tylle nowe of late yeers whenne they haue reparid to the seid Towne of Hulle with their seuerall shippys ladyn
' A barrel of herrings was thirty gallons carles or ten thousand, every thousand ten by 2 H. H, c. 14. Kogers' ' H. A.' iv. oH2. hundred, and every hundred six score,'
- ' A last of herring contains twenty 51 H. 3, Ht. 2, c. 2. Cowel, ' Interp.' s. v.
COURT OF REQUESTS 6t
Bumtyme with xxx*' leste of heryng eiiery of them & aboue ware wonfce to paye for their ]ybertyes & sale then their vsid but only the sum me of vj s. viij d. at the moste for all their hole marchaundyses and ferther they seye that the takyng of the seid iij s. iiij d. of euery marchaunte thether reparyng to selle their heryng for openyng of their wyndowes within the seid Towne haue be but of late tyme takyn by the mayer & officers within the seid Towne of Hulle for the tyme beyng by their exstorte power withought eny grounde or cause resonable and ferther the seid compleynauntes saye that is to seye the seid John Jettour & the other inhabitauntes dwellyng within the Towne of Leystoft that they doe holde their tenementes & londes of sir Wylliam Kyngston knyghte ' & Dame Mary his wyfe ^ as in the righte of the seid Dame Mary as of their manour of Leystoft the whiche manour ys auncient demene ^ and that all the Tenauntes within the seid manour haue vsid withought tyme of mynde to plede & to be inpledyd within the same manour by pety writte of righte close'' for all maner of ploys'* towelling their landes & Tenauncies beyng parcell of the same maner ^ by reson wherof they owe to be quytte of all maner of Tollys Customes & other exaccions for the sale of all their seid wares & marchaundyses in all markettys & faiers within this Eealme of Inglond and also the seid John Colby & other Inhabitauntes of the Townes of Kyrkeley & Pakefyld saye that they arre dwellyng within the halfe hundred of Mutford & that they holde their seuerall Tenementes & londes of the seid sir Wylliam Kyngston & Dame Marie his wyfe as in the righte of the seid Dame Marie as of their manour of Mutford & that the seid manour & all the Tenauncies & londes holden of the same arre auncient demene " & that the seid Tenauntes haue vsid withoughte tyme of eny remembraunce to the
' Constable of the Tower, d. 1540. 120 in fine ; also Fitzherbert, ' Natura
' Diet. Nat. Biog,' s. n. Brevium,' fol. 11 et seq. Cowel, ' Interp.'
- Daughter of Sir Richard Scrope of s. v. Recto. See further ' Trans. R. H. S.'
Upsall, Yorks, and widow of Sir Edward 1892, p. 252.
Jerningham of Somerleyton, Suffolk, second ^ ' Socage en ancien tenure est a tenir
wife of Sir W. K. lb. en ancien demesne ou nul briefe courte
^ For ' Ancient Demesne,' see ' Trans. R. forsque le petit brief de Droit Clos.' Fitz-
H. S.' 1892, p. 199. herbert, I.e.
■* Breve parvum de recto. ' A writ of •* Lowestoft, in Domesday Lothn Wistoft
right close is a writ directed to a lord of in the manor of Gorlesmn. Terra Regis.
Ancient Demesne and lieth for those which A. Suckling, ' Hist. Suffolk ' (1846-48), ii. 59.
hold their lands and tenements by charter ' Terra Regis, Domesday. Held by
in fee-simple or in fee-tail, or for term of Edmund de la Pole temp. H. 7, and after
life or in dower, if they be ejected out of his attainder granted .June 15, 1509, to
such lands, &c., or disseised. In this case Edward Jernyngham and Mary his wife.
a man or his heirs may sue out this writ A. Suckling,' Hist. Suffolk,' i. 274. Kirkley
of right close, directed to the lord of the and Pakefield are mentioned in Domesday
Ancient Demesne, commanding him to do as within the manor, ib. him right, A-c, in his Court.' Britton, cap.
38 COURT OF REQUESTS
contrarie to plede & to be impledid within the same manour be pety writt of righte Close for their Tenementes & londes forseid & by reson therof they owe to be quytte of all maner of Tollys & Customes & suche other exaccions in all parties of Inglond for their bying & sellyng of their marchaundyses and for asmyche as the seid mayer & aldermen haue confessid in their aunswer the wrongfull takyng aswele of the seid ij s. iiij d. for euery leste of heryng as also iij s. iiij d. for openyng of their seid Shoppe wyndowes Wherfor they praye that the seid mayer & aldermen may be ponysshid. Withought that that any other thyng eonteynid in the seid aunsewer of the seid mayer & aldermen materyall to be replyde onto is true in eny other wy^e thanne is aunswerid confessid & auoydid or elles trauersid in this Eeplicacion. All the whiche maters the seide Compleynauntes arre redy to proue as this Curte wiille awarde & praie as in their seid bill of compleynt they haue praide &c.
Termino Tiinitatis anno Eegni Eegis Henrici octaui xxv".'
1533 B. Costes and chargis susteynid by John Colby gentleman
and Eobert Hoddes for & in the name of the Inhabi- tauntes of Leystoft and Pakefelde ayens the Mayer of Hnlle and his brotherne.
In primis for Ryding from Leystoft to London John Colby & Eobert Hoddes & their seruanntes for their owne costes and their seruamites by the space of iij dayes iiij""-' & x myle '^ . . xiij s. iiij d.
Item for their owne costes & their seruanntes wyth their horce at London by the space of xxi days at xij d. euery daye iiij U. iiij s.
Item for Eyding whome ageyn to Leystoft . . xiij s. iiij d.
Item for their Councelles fees with Attornys fees . xx s.
Summa ...... vj li. x s. viij d.
' 1533.
- Distance byroad 114 miles. ' Paterson's Eoacls,' ed. E. Mogg, 1829, p. [53].
COURT OF REQUESTS 39
COTTER V. MAYOR &c. OF HUIL."
' The reioyner of the meyer & Aldermen of hull to the reply cacon of John Cotter John Colles & other.'
]L^33 ' The seyd meyer & aldermen seyn that yt hath hen of longe tyme vsyd & accustomyd withyn the seyd Town of hull that euery merchaunt not beynge burges nor fireman of the seyd Town repayr- ynge & comj^ige thether with any herynge to be sold shuld pay ij s. iiij d. for euery last therof toward the reparacon & meyntenaunce of the Gettes & walls abowt the seyd havyn '^ and also that euery stranger that wold opyn any shopp for sellynge of any warys shuld pay iij s. iiij d. to the off'ycer of the seyd Town & fardermore seyn & auerre euery artycle & clause in ther seyd answer comprysyd or conteyned to be trewe. Withowt that that yt hath ben vsyd in tymes past tyll nowe of late yeres when the seyd compleynauntes repayred to the seyd town of hull wythe ther seuerall shyppes ladyn somtyme with XXX last of herrynge somet3^me with mor vsyd to pay onel}' vj s. viij d. for ther hoole merchaundyse or that the same iij s. iiij d. hath ben takyn of late onely by tl e extort j^ower of the seyd mayer & offycers of the seyd Town of Hull for the tyme beynge in maner & forme as in the seyd replycacon ys surmysed, and wythowte that that the seyd now compleynauntes or any of them hold any landes or tenamentes of the seyd Sir William Kyngeston & of Mary hys wyffe as in the ryght of the seyd dame Marye in auncyent demeane in maner & forme as in the seyd replycacon ys ahegyd and albeyt that yfe any of them hold any suche landes or tenementes of the seyd sir William & dame Marye in ancyent demeane, yet they owght to pay aswell all maner of customes to ower souerynge lord the kynge in euery havyn Town as alle maner of tolles in any other place for alle maner of merchaundyse bowght or sold by any of them except yt be of any suche thynges bowght by them as nessessary for ther own howshold or for suche corne or other thynge sold by them as growyth or elles ys browght vp of the seyd grownd so holdyn ^ & also yt aperyth by the confessyon of
' Mr. Hunt's Calendai-, Bundle 8, No. the repelyng of certen Letters patentes
78. graunted unto the Mayre Burgesys and
. - See the Letters Patent granted to Hull Comynaltie of the Towne of Hull.'
21 June, 24 H. 8 (1532), and repealed by 2i ' This contention does not seem to be
H. 8, c. 15 (1533) : ' An Acte concernyng borne out by Fit/herbert, who gives the
40
fOriiT OF IJEgUKSTS
the seyd now compleynauntes that longe tymes past they have vsyd to pay vj s. viij d. to the ofiycers of the seyd town of hull for xxx last of herynge browght to the seyd Town to be sold wher by yt aperyth playnly that they by ther seyd lyberte of auncyent demean yf any suche they have owght not of ryght to be dyschargyd of the seyd tolles & customes whych have ben gatheryd & lewyd by a longe tyme & season vpon a resonabyle grownd & cause. Withowt that any thynge materyall or answerabyll allegyd in the seyd replyeaeon other then ys befor in this reioyner confessyd & auoyded or trauersyd ys trew all whych matere they ben redy to auerre as thys court wyll award & domandyn jugement cl' prayn as they have don befor in ther answer.'
ORDERS AND DECREES.'
viij" (lie Julii anno Eegni Regis xxv'".
'■'•^ Johannes Lambert de hulle in com, Ebor, generosus personaliter comparuit coram consilio domini Eegis apud Westmonasterium die et anno supra datis et recognouit se debere dicto domino Eegi xl //. ster- linges soluendas ad vsum dicti Eegis in festo Sancti Michaelis proxime futuro post datum presencium nisi <kc tunc Sec.
writ directed on behalf of tenants in Ancient Demesne to the bailiffs or mayor or others desiring to make them pay toll as follows : ' Eex balliuis A. de J. Salutem. Cum secundum consuetudinem regni nostri hactenus obtentam & approbatam, homines & tenentes de antiquo dominico corone Anglie quieti sint et esse debeant a prestatione tolonei per totum regnum nos- trum, vos nihilominus homines & tenentes de manerio de S. quod est de antiquo dominico corone Anglie, vt dicitur, ad toloneum vobis de bonis et rebus suis in eadem villa prestandum grauiter dis- tringitis, & ipsos ea occasione multiplici- ter inquietatis, minus iuste, ad graue dampnum ipsorum hominum & tenen- tium, & contra consuetudinem predictam sicut ex querela sua accepimus, et quia eisdem hominibus & tenentibus iniuriari nolumus in hac parte, vobis precipimus quod si ita est, tunc ab huiusmodi dis- trictionibus et inquietationibus eisdem hominibus et tenentibus ea occasione de cetero inferendis desistentes, ipsos de huiusmodi toloneo vobis de bonis et rebus suis predictis in eadem villa prestando quietos esse permittatis, iuxta consuetudi- nem predictam & districtionem si quam, etc., predictam, Ac' Tottell's ed. Lond. 15sy, I'o. 2-28. Upon this writ Fitzherbert
comments as follows, raising the precise point in this case : ' Et appert auxi que tiels sera quiets del toll pur lour bienz & chateux qeux ils maichandise one auters sibien comme pur lour auters biens, car le bref est general, pro bonis & rebus suis, etc' lb. fo. 228 A.
It is not improbable, however, that the case was decided adversely to i'itzherbert's opinion (see p. 41, n. 2, infra), and Coke limits the right just as the counsel for Hull sought to do. In his enumeration of the six privileges of Tenants in Ancient Demesne he says : ' 3. They are free & quiet from all mannor of tols in fairs and markets for all things concerning husbandry and sustenance.' In 1578-9 the privilege was further curtailed by a decision in Ward's casein the Queen's Bench, 20 Eliz , in which Lowestoft was again interested ' where it was adjudged that the privilege of Ancient Demesne does not extend to him that is a merchant, or that trades and gets his living by buying * selling, but the privilege was annexed to the person in respect of the land.' ' Law Diet.,' T. Cunningham, 1771. I have not been able to find the passage in Button's Reports.
' Vol. v. 486, 14-25 H. 8 (June 1523-Nov. 1533j.
COIT.T OF REQUESTS
41
The condicion of this Eecognisaunce ys siiche that if the mayor of the towne of Hull the aldermen & comonaltie of the same doo sende vpe and cause tapper afor the Counsaill at Westminster in crastino animarum next commyng on person as attorney sufficiently auctorised vnder theyr commen seale to make aunswer vnto suche a bylle as ys exhibite befor the said counsaill in the name of diuerse of thinhabit- auntes of the Towneshippe of leystofte in the countie of Suffolk then this Recognisaunce to be voyde orels to scande &c.
Quarto die Nouembris anno regni regis xxv'°.' 1533 Georgius IMatheson - mercator et Robf rtus Kemsley nomine maioris
et communitatis ville de Kyngston super Hull ut atturnati eiusdem ville personaliter comparuerunt coram consilio domini Regis apud Westmonasterium die et anno predictis virtute recognicionum coram dicto consilio ad instanciam inhabitantium de Leystofte & ceteris et habent diem eis datam ad respondendum bille in x™° die mensis instantis et sic ad comparendum de die in diem donee et quousque aliter habent in mandato per consilium predictum et hoc sub pena in Recognicionibus specificata.^
> Vol. V. p. 500.
- Sheriff of Hull in 1510; Mayor in 1314, 1522, and 1528. J. Tickell, ' Hist, of Hull,' ii. 675.
■' I have been unable to discover the judgement in this suit, but it is probable that it was in favour of the town of Hull, since an Act of Parliament abolishing the exactions complained of was passed in the session held in February 158(3. This Statute (27 H. 8, c. 3) is intituled, ' An Act'? for avoydyng of exaccyons taken at Kyngston upon Hull.' Tlie preamble is as follows : ' Where upon complaynt made in this present parliament by the kyngis poore subjectis, and namely the poore iyshermen inhabytyng upon the costys of the see within the Counties of Norfolk and Suffolk, which use comonly toconducte and convey theyr heryng sprottys and other fyshe to the towne of Kyngston upon Hulle, there to be utterid and solde to other the Kyngys subjectys wyllyng to bye the same. It dothe evydentlie and playnly appere that suche grete and intollerable exaccions cus- tomes and tolles be demaunded levyed and takyn of them for theyr said heryng and other fyshe by the rulers and oft'ycers of the said Towne, that onles t;ome spedy remedy be for them providid in that behalf a grete nombre of them shalbe dryven of
necessite to absent them selves from theyr said market of olde tyme contynued and holden at the said Towne, where most comonly afore tyme a grete nombre of the Kyngys subjectis and namelyeof the northe parties of this Realme haue usid toprovyde them selfe of theyr heryng and fyshe, which fynally shalbe be not only the utter impoverysshyng and undoing of the seid poore fysshermen inhabityng within the seid Counties of Norfolk and Suffolk but also a greate incomberance to all suche the Kyngis subjectis of the said northe parties as afore tyme comonly have usid to pro- vyde ther heryng a.nd fyshe at the said towne for the mayntenance of ther House- holde.' To remedy these mischiefs, the Act provided that the inhabitants of Nor- folk and Suffolk should thereafter be per- mitted to sell their fish toll-free between 1 Nov. and 25 March, every vessel above 20 tons burden paying 6s. Hd., and below 20 tons burden paying 5s. The vendors were to be well treated, and the mayor and officers of the corporation were not to abuse their right to fix prices by setting unreason- able prices on the fish, subject to a fine of 20/. upon complaint made to the Chan- cellor and Privy Council. Provided, that none but freemen of Hull should be allowed to sell fish there by retail.
42 COURT OF REQUESTS
NETHEWAY v. GORGE.
A. To the Kynge our souereygne lord.
1534 'In moost petuose maner complaynyth vnto your moost noble hyghnes your t^e^Ye and feythfull subiect and legeman William Netheway of Walton in the countie of Somerset husbandman that wher of late oon Edward Gorge Knyght ^ of the sayd countie sent his soruaunt callyd John Ballard vnto your humbly besecher to by of hym an oxe ffor his sayd master his howsholde youre sayd sup- plyant was ther with contentyd to sell hym an oxe pryse xxvj s. Whiche oxe your sayd suppliant delyuered to the sayd John Ballard to the vse of his sayd master, whiche oxe the sayd Ballard receyvyd att the same pryse and when your sayd besecher demaundyd of the sayd Edward his money for the sayd oxe the sayd Edward fferr byyond good ordere of knyghthod and good gravyte to that degre & ordre apperteynynge in moost ragyouse maner sayd vnto your poore Oratour theis wordes in effect folowynge that is to saye Thow schalt have noo money of me ffor that oxe butt swerynge grete and detestable othis that he wolde have your sayd humble subgett his goodes ffor that he toke hym as his bondman and that he would sease his londes that he hyld of other men and kepe them dewerynge his lyfe and that he wolde fi'eche hym att an horse tayle and make hym to tvrne a broch in his kechyn and ferder with lyke ffurye sayenge to youre supplyant iij or iiij tymes he wolde thrust a dagger thoroght his chekes by occasyon of whiche crewell & extreme demenour youre seyd humble supplyant nott yett recompensyd ffor the sale of the sayd oxe and beynge soo thretenyd in fforme aforsayd darnot nor knowyth nott what to doo or howe to goo or labor abowte his besyne ffor the lyvynge of hymselfe his powre wyffe & syxe powre chyldern lest that the seyd sir Edward wolde take or imprison hym ft'or a bondman, your sayd supplyant & his auncetors beynge ffreemen and of free
' Mr. Hunt's Calenrlar, Bundle 5, No. 21. He was High Sheriff of Somerset and
- Sir Edward Gorge, or Gorges, of Dorset in 1514. S.P. Doni. H. 8,1. .5561. In
Wraxall, Somerset, eldest son of Sir December of the same year he was granted
Edmund Gorges, K.B., by Anne, daughter the office of bailiff of the Manor of Port-
of John Howard, Duke of Norfolk (.J. bury, Somerset, ib. 5667 ; a grant renewed
Collinson, ' Somerset,' 1791, iii. 157), was to him in 1525 and 1538, ib. lii. 1377, 28,
knighted in 1513 for his conduct at Flodden. and xiii. 1115, 60. In 1520 he served as
W. C. Metcalfe, ' A Book of Knights,' p. 57. High Sheriff of Devon, ib. iii. 6072, 9.
COURT OF I^EQUESTS 4B
condicion and neuer bond to the sayd Sir Edward nor none of his auncetours ffor the which pleasith hit your hyghnes in consyderacion that your sayd humble subgett is a very powTe man and nott able to trye for his sayd libertie and dutie in the premysses declared with the said sir Edward by the ordre of the comen lawe the sayd Sir Edward beynge a man of grett allyans myglit and pover in the sayd countie pleasyth hit youre grace in the waye of cherytie to graunt vnto your humble supplyant Youre gracious letters of prevy seale to be directid to the sayd Edward, commandynge hym be the same to appere before youre moost honerable counsell att a cerfceyne daye and vnder a certeyne payne there to answer to the premysses and youre sayd humble sup- plyaunt schall dayly pray to gode ffor Your moost noble & Kyall astate longe to indewer.'
Endorsed. Committatur causa ista Henrico Capell militi et Johanni Ken armigeris ad examinandum testes de articulis infrascriptis et super responsionibus exhibitis finaliter detur partibus vocatis aliter ad certi- ficandum consilio Domini Eegis juxta comperta in scriptis xv"" pasche proximi iniungendo partibus ad comparendum eodem die sub pena c li.
\_In another liand.l Nethyway uersus Gorge.
"VYilliam Sulyard.
B. By the king.
Trusty and welbiloued we grete you well. And by the contynue of a bille herin closed ye may perceyue the complainte of William Nethewaye against Edward Gorge Knight. Wherupon we trusting in your wisedomes and indiffrences woll and desire you that by auctoritie herof calling the said parties afore you with their witnesses in our name and vpon the aunswer of the defeudaunte to you exhited,^ ye woll groundely examyhe the said witnesses by their othes in fourme of lawe sworne vpon the contentes of the said bille and aunswere with the cir- cumstaunces therof, Endevouring you therupon to sette suche finall ordre and determynacion therein as maye stande with our lawes and iustice, so that for lak of due administracion therof in your defaulte the said William shalhaue no cause reasonable eftsones to retourne vnto vs
' Sir William Sulyard, ' a person of great Rrandson of Sir John Sulyard, Justice of repute in the law, and one of the Governors the King's Bench, who died in 1488. Foss's of Lincoln's Inn in 23 H. S' (Ia31-ji2), ' Lives,' v. 75. - Sic.
44 COURT OF REQUESTS
for further remedie in this behalf. And if ye cannot conueniently so doo, that than ye certifie vnto vs and our Counsaille the trouthe and plaines of the matier in writing vndre your sealx by the quindezine of Ester next comyng, Yeving Iniunccion in our name vnto the said parties vpon paine of c li., to bee and personally appere afore vs and our said Counsaill at the same daye, to thentent that we may further do therin as the case shall rightfully require. No failling herof as ' tendre our pleasure and the auauncement of iustice. Yeuen vndre our priue seel at our Manour of Westminster the vj daye of Februarye.^
R. TURNOUR.^
To our Trusty and welbiloued sir Henry Capell * knight and John Kene ^ squier.
Respondeant xv Pasche.
c. The certyficathe of sir henry capell knyght & John Ken
esquyer vpon a comyssion to them dyrectyd by vertue of the kinges prevy seale.
The x**" daye of marche the xxv*^ yere of the raigne of our soueraigne lorde kinge henry the viij*'"' we the comyssioners aboueseid by vertue of the kinges mooste honorable prevy seale to vs dyrected l)eryng date the vj*'' daye of ffebruary the xxv**" yere of our saide soueraign lorde the king called before vs at Tycknam yn the countie of Somerset Sir Edward Gorge knight yn the saide prevy seale named whiche exhiby ted before vs ij Court Rolles for his evydence wherof one was yn paper & the other yn parchement wherin was contayned amonges other presentmentes as hereafter folowithe.
Curia ibidem tenta x" die mensis Februarii anno regni regis Edwardi tercii xxxj".''
Preceptum est capere Nicholaum filium NicholaiByrmore Johannem & Robertum Nethway & Ricardum Alexander natiuos domini qui fugerunt.
Curia ibidem tenta die Jovis proximo ante ffestum sancti Barnabe apostoli anno regni regis Edwardi tercii post conquestum xxxij".*
« Sic. set in 1532 and 1535, ib. v. 1694, viii. 149
^ 1534. See C. infra. (79). Kniglitecl June 8, 1533 (ib. vi. 601).
^ See p. 54, n. 3, infra. Connected through the Newtons with the
■• Sir Henry Capell, son and heir of Sir family of Gorges, Collinson, I.e.
Giles Capell, Knt. of Rainshill, Essex, by » Or Ken, of Kenn, Somerset. Collinson,
Isabel, daugliter and co-heiress of Richard iii. 592. A commissioner for the subsidy
Newton of EastHarptree. Somerset, whodied in Somerset in 1523. S. P. Dom. H. 8, iii.
in 1500 (Collinson, iii. 588). Isabel Capell p. 1366. Again in 1524 (ib. iv. p. 236).
died in 1516, S. P. Dom. H. 8, ii. 2158. « 1-534. ' 1357.
On the commission of the peace for Somer- " June 1, 1358.
COURT OF REQUESTS 45
Ad istam diem venit homagium & liberavit domino corpora Willelmi Nethwaye & Willelmi Southbroke Natiuorum domini qui per longum tempus se loiigauerunt de domino.
And ferthermore the saide sir Edward Gorge vpon xvij ye res past toke John Nethwaye Wylliam Nethwaye & Thomas Nethwaye vncles vnto the saide Wyllyam Nethwaye supplicant & chalengyd them as his bondemen whiche at the same tyme by award made by the lorde John Grey & his wyffe' compounded with hym for certeyn sommes of money and thes be all tharticles & proves that the saide sir Edward Gorge brought before vs the saide comyssioners.
And the saide Willy am Nethwaye supplycant for his parte brought before vs the same daye Thomas Hort of Walton Walter Wyllyams oi Yeatton Thomas patche of Clyvedon Eaffe Barret of Weston John Gage of Walton John Barre of Tycknam John Cotterell of portyshed John Marleborowe of Ken Wyllyam Sporyor of Clyvedon John George of Tycknam John Kyng of Clopton John Bayly of Tycknam John lewys of Tycknam Jamys Portroye of Kyngeston Eobert Eaynold of Tycknam John Ady of Walton Walter Davys of Tycknam Thomas Eaynold of Clyve Margarete Ayshe of Tycknam Thomas Arthur of Kyngeston in the countie of Somerset beyng of the age from 1 to Ixxx yeres whiche hathe deposed before vs vpon there othes that they neuer hard before the tyme that the saide sir Edward Gorge knight toke & seased the aboue named John Nethwaye Wyllyam Nethwaye & Thomas Nethwaye that the saide Wyllyam Nethwaye supplycant nor none of his aunce- tours shold be bond to the saide sir Edward Gorge nor to no other of his auncetours.
And ferthermore the saide sir Edward Gorge knight oiferid and was contentyd at our moyssons & desires to delyuer the saide sup- plicant the price of his oxe and to take an end with hym the whiche the saide Willyam Nethwaye supplicant refused to do oneles that he
' Lord John Grey was brother of Thomas became surety in 500 marks for the ap-
Grey, second marquis of Dorset. He was a pearance of the Earl of Kildare, ib. 3053.
captain of ordnance in 1513 (S.P. Dom. H. 8, He was also a commissioner for the subsidy
i. 4632), his ' wages ' being £60 16s. 8d. per of 1523, in Northants (ib. 3282, cp. 3088),
ann., ib. ii. 1465. He was present at the and in 1524 (ib. iv. p. 238, cp. ib. 9677).
marriage of the Princess Mary, the king's He appears to have been in receipt of an
sister, 9 Oct. 1514, ib. 5483. In 1516 he annuity of £6 6s. 8d. from Edward Staf-
received a grant and an annuity of £'20 from ford, duke of Buckingham (ib. p. 1522). In
the king (ib. ii. 2736, p. 874, cp. ib. iii. 999); the scarcity of 1527 he was a commissioner
he was, together with his wife, at the Field for the search of concealed corn in North-
of the Cloth of Gold in 1520 (iii. pp. 240, ants (ib. 3587). His name then disappears
245) and at the meeting of Henry 8 and from the Domestic State Papers. The name
Charles 5 in the same j-ear (ib. 906). His of his wife I have failed to discover. She
brother, Lord Dorset, writing to Henry 8 was constantly in attendance at Court. See
on 15 Ap. 1523, describes him as ill with supra (cp. ib. iii. 896). the gout (ib. 2955, ii.). In that year he
46 COURT OF REQUESTS
myght haue a greate somme of money for amendes & towardes his costes, which the saide sir Edwarde Gorge refused to do Whervpon no end cowde be taken and so we haue gyvjn inyoncyon to the parties to appere accordyng to the tenure of the saide prevy seale,^
EMLYN AND ANOTHER v. WHITTYNGHAM.-
Gild of Weavers of Lincohi.
' This ys the aunswer ^ of Eoger Whittyngham to the bill of compleynt of Symon Emlyn and henry Sharp.'
(After ' The seid Eoger saith that the seyd bill of Compleynt ys vncerteyn
1536-37) and insufficient to be aunswerd to in asmoch as it is suyd ioyntly in the name of both the compleynauntes where it ought by the lawe to haue been sued in seuerall billes and not ioyntly in on byll wherfore he prayeth that the seid bill may abate. And the aduantage therof to hym saved for the true declaracif^n of the trouth in this behalf and for aunswer he seith that as to the force of armes riot malice pretensed assaute affray betyng woundyng and all other mysdemenours sup- posed to be commytted and doon agenst the kynges lawes and peax that he is in no wyse giltie in maner and fourme as in the seid bill of compleynt is surmytted. And as touchyng the imprisonament the seid Eoger seyth that there hath been wardeyn and felaweship of weuers out of tyme of mjmd in the citie of Lincoln ■* and that they and there predecessours by all the seid tyme have had gild and cus- tomes and liberties to the same belongyng. And all person or persons which vse or doo weve any maner of cloth within the seid citie or the precynctes of the same by the space of xij myles that he or they soo doyng shalbe free of the said gilde and felaweship of weuers and also be contributarie to there actes and ordenaunces and to pay a certeyn ^ for the kynges fee ferme to the seid felaweship yerely for the same. And if any person or persons doo to the contrarie or wilbe obstinate and disobey the same contribucion and ordenaunces by them soo made then to ponysshe hym or theym soo offendyng accordyng to there good rules and ordenaunces in that behalf prouyded. And he saith that the felawship of weuers aforeseid and there predecessours by all
' No minutes of the case have been found ^ The plaint has not been found,
among the orders and decrees. With the ^ Stated by T. Allen, ' Hist, of Lincoln '
papers is a letter signed Henry Longe re- (1834:), i. 118, to have been incorporated
ferring to another case. in 1389; but see next page, n. 1,
- Mr. Hunt's Calendar, Bundle 8, No. ^ Sic, substantive omitted. 211. H. 8.
COURT OF REQUESTS 47
the seyd tyme haue vsed to pay the kyng and to his noble progcni- tours yerely in fee ferme vj li,^ of lawfull money of Englond for the same. And further the seid Eoger seyth that the seid compley- nauntes dwell within a quarter of a myle of the seyd Citie and within the fraunchese and liberties of the same And howe that they haue vsed to weve and make cloth there by the space of x yeres or ther- upon, and howe that they haue been often and many tymes required by the seyd company and felaweship of weuers to be bretheren of the seyd Gild and contributorie to the seyd payment of syx poundes for the kynges fee ferme which to doo at all tymes they haue refused, wher- fore the seid felaweship and companye accordyng to there seid liberties and custumes out of tyme of mynd vsed they sett vpon euery of the seyd compleynauntes for his contribucion xij d. by the yere like as all other brethern of the seid felaweship were and be set at which yerely summe of xij d. was vnpaid by the space of vj or vij yeres or there- about and many tymes demaunded and required of the seyd com- pleynauntes and they and eyther of them vtterly denyed payment therof, wherupon seuerall plentes of debt in the name of our souerayn lord the kyng that nowe is was taken agenst them in the Guyld hall of the Citie of Lincoln afore the Maire Aldermen and Shirrifs of the seyd City for the same wherupon processe was awarded out of the seid court directed to Thomas Holme then beyng Constable there to arrest and attach the seid compleynauntes to aunswere to our seid souerain lord vpon the seyd pleyntes ; by force wherof the seid con- stable the seyd Eoger commyng in ayde of the seid constable in executyng of his office arrested the seid compleynauntes as laufull was for liym to doo wherupon the seid compleynauntes incontynently found suerties to aunswer to the seyd pleynt accordyng to the kynges lawes, which is the same imprysonament and witholdyng in prison in maner and fourme as the seid compleynauntes in their seid bill of compleynt haue alleged. Without that that he ys giltie of any thyng conteyned in the seid bill in any other maner or fourme than he by this ansuer hath alleged. All which maters the seyd Eoger is redy to prove as this Court will award and prayth to be dismyssed with his resonable costes and charges for his wrongfull vexacion and trouble by hym susteyned in this behalf.' •^
' This was the sum paid as long before and Commerce' (ed. 1896), p. 046. as 1131. Pipe Eoll, 31 H. 1 (Kecord - No further proceedings in this case have
Commission, 1844, &c.), p. 109 ; W. Cun- been found, ningham, ' Growth of EngUsh Industry
48 COURT OF IJEQLE.STS
BREWERS, &c., OF HOLBOURNE v. WILLL\M BOBYE.'
xvij die Nouembris a" Ac. xxxj".
1539 Be it remembred that the cause in controuersie dependyiig at the
comen lawe betwene the Brewers and other inhabitauntes in Hol- bourne ayenst on Wihiam Bobye for the withdrawyng and kepyng from theym the water beyng in the well or dike at Holbourne nere Grayes Inn, from whence hertofore the same brewers and all other the kings subgiettes haue vsed to haue and cary water at theyr pleasours without interrupcion ys nowe by the kinges counsaill con- sideryng the withdrawyng the same to be moche hurtefull and preiudi- ciall to the forsaid brewers & inhabitauntes with other inconveniences that in default and forlacke of the said water myghte folowe & ensue Ordred that two labores by the said Counsaill appoynted shall immedi- ately make vpon the hede of the said dike or welle after suche rate & manner that it may holde and kepe water as afor the brekyn upe of the same it dide. And so the said Bobye it to suffer to contynue and remayne without brekyng or any other hurte doyng to said hede other by hymself or any other by his procuryng to the contrary to whome it ys commaunded by waye of Iniunccion vpon payne of c li. that he notonly obserue the same but also peasibly and quietly permitte & suffer the said Brewers to passe and repasse to the same well & the water to fette & carry at theyr pleasour whiche haue layed afor the said Counsaill xx s. in gaige for consideracions shewed to be deliuered as shalbe appoynted by theym. And in like caas shall suffer all other the kings subgiettes to take water ther as a fortyme hathe byn accus- tomed vnto suche tyme the same variaunce be ended and determined by thorder of the kings lawes or otherwise. This to be done it ys commanded to the said Boby vpon payne aforspecified and suche other punysshement that in default therof may folowe & ensue.^
JOHN BURDE AND ANOTHER v. EARL OF BATH.'
A ' To the kino- our souerain lorde;
1540 'Inmooste lamentable wyse shewith and pituously complaynethe vnto your magestie your dailly oratours and pore subgiettes John Burde thelder and John Burde the yonger. That where oon ffowke
' Mr. Hunt's Calendar, Bundle 12, No. ' Mr. Hunt's Calendar, Bundle 12, No. 7
22'4. - No other proceedings found. (cf. Bundle 5, No. 145).
COURT OF REQUESTS 49
Bourgchier late Lorde ffytzwaren ' great grauntfader vnto the right honourable Lorde John nowe Erie of Bathe- pretended and claymed con Eichard Burde Auncetour vnto your graces pore oratours and also vnto oon John Burde ^ & John Burd^ William and John sonnes of the said Pilchard Burde ^ to be his villayns appendante vnto his manour of Holle '' in your countie of Devon and after the said ffowke late Lorde ffitzwaren for great sommes of money vnto hym paide by the said Pilchard Burde auncettour vnto your graces oratours by his dede redie to be shewed sygned with his hande and sealed with his seale of Armes of the said ffowke whose date is the xviij**^ dale of October in the xviij*^ yere of the Eeigne of King Edwarde the iiij*'*'^ and ^ manymyse and clerly discharge of almaner seruitude and bondage the said Eicharde Burde Auncetour vnto your graces said oratours John, John, William and John sonnes of the said Eicharde and also there sequele then begoten and therafter to be begoten, as more playnly apperithe by the said dede of manumisse. By force wherof the said Eichard Burd, John, John, William and John sonnes of the said Eicharde and all there Issues of their bodies and sequele haue enioyed his & their goodes and cattalles termes and ffermes, and also haue enioyde the privilage, benelite and ft'redome of there bodies dis- charged of all seruitude as your graces ffre subgiettes without any interupcion of any person or personnes vntill nowe of late that is to saye aboute the xiiij*^ dale of Auguste in the xxvij"' yere of your graces excellent Eaigne^ that oon Xrofre prowse namyng hym self oon of the oflirces ** and seruauntes of the right honourable John late Erie of Bathe decessed ^ nothing regardyng the said manumission nor yet noon other manumission made by his Auncestours to dyuerse and many other your graces poore subgiettes then and at other tymes toke from your said oratours and other your graces said subgiettes the value of ffoure hundrithe poundes in goodes. Wherupon your said oratours and other of your graces said subgiettes havyng suche manumission as is afforsaid the xix*^ daie of September in the xxxj yere of your graces noble Eeigne '" exhibited their bill of peticon con- teignyng the premysses vnto the Eighte honourable Lorde Eussell '^
• Fulke Bourchier, second Lord Fytz- « Sic, apparently a clerical error for ' did.' waren, or Fitzwarine, died Sept. 12 (19 E. i), ' 1535. ^ Sic.
1479. '■' John, third lord Fytzwarcn, created
- John Bourchier, second earl of Bath, earl of Bath July 9 (28 H. 8), 1536, died
succeeded to the title on the death of his April 30 (31 H. 8), 1539. '" 1539.
father, April 30 (31 H. 8), 1539, died 1560. " Sir John Russell, created Lord Russell
Collins, ix. 450. Marcli 9 (30 H. 8), 1539, President of the
■■' Interlined. The text read originally counties of Devon, Cornwall, Somerset, and
' John, John, WilUam,' &c. Dorset in 1540. Collins, i. 267. See furlher
* Now Holnc. ^ 1478. p. 55, n. 1, infia.
E
50
COURT OF REQUESTS
then being Lorde presydent of your graces mooste honourable counsaill in the West parties and other of your graces said counsaill then in that parties. By whom it was ordered and decreede that the deffendauntes in the said peticon shulde restore vnto the playntiffes in the same all suche parcelles of goodes and cattalles expressad in the same peticon and that your graces said oratours and other playntiffes in the same peticon shulde be noo ffurder vexed nor troubled vnto suche tyme as the deffendauntes in the same peticon coulde shewe better cause then they than dyd, whie your graces oratours oughte not to bee at rest. And further mooste redoughted and souerain Lorde dyuerse of the seruauntes of the righte honour- able Lorde John nowe Erie of Bathe at Holl within your graces said countie the Tuysdaye next after the feast of Saynt Mychell tharchaungell last past notwithstanding the . . .' afforsaid. "Wher- uppon your said oratours vppon prepeticion ^ made vnto Sir Thomas Denys knighte ^ sir hugh Pollard ^ knight, Kichard pollerd ^ and John
' MS. mutilated.
* Apparently a word coined from the a7ra| ilpnfj.4poi> ' prepeto,' to strive diligently after. Festus, ' De Verborum Significatione,' s.v. praepetes, p. [182]. Ed. Valpy, 182(5.
' Sir Thomas Denys of Holcomb-Burnell and Bicton, Eecorder of Exeter in 1-537, S. P. Dom. H. 8, xii. 754 ; chancellor to Queen Anne of Cleves, ib. xiv. ii. 572 (1, 3, viii. 4). See further, pp. 15, n. 1 ; 122, n. 2.
■* Eldest son of Sir Lewis Pollard, one of the Justices of the Common Pleas in 1514 (Foss, V. 227). A commissioner of subsidy for Devon in 1523 (S. P. Dom. H. 8, iii. ii. p. 1.361), and 1524 (ib. iv. i. 547) ; in the commission of the peace for Devon in 1529, 1530, 1532, 1535, 1539 (ib. iv. 5510, 6803 [4], V. 1694, viii. 149 [58], xiv. i. 1354 [24]) ; sheritl' of Devon in 1535-36 (ib. ix. 914 [22]), and again in 1539-40 (xiv. ii. 619 [38]); knighted on Feb. 20, 1536 (ib. x. 337) ; a commissioner for the defence of the coast in 1539 (xiv. i. 398) ; employed in the same year to take surrender of religious houses (ib. 491) ; nominated a member of the newly formed Council in the West, April 1539 (ib. 743) ; apparently a supporter of the Catholic reaction in 1554 (8. P. Dom. 1-547-80, p. 56).
^ Ric. Pollard, younger brother of Sir Hugh Pollard (S. P. Dom. H. 8, xiii. i. 416; T. Westcote, 'View of Devonshire in 1630 ' (Exeter 184-5), p. 493), in commission of the peace for Devon in 1532 (ib. V. 1694); an official of the Exchequer in 1534 (ib. vii. 1691) ; and appointed by Cromwell a visitor of religions houses in that year (ib. App. 37, cp. xi.
1430 [-3], xii. i. 1307, ii. 82, 92, 144, &c.) ; ' an especial favourer of Cromwell' (Sander quoted by Gasquet, ' Hen. 8 and the English Monasteries,' ii. 353) ; in the commission of the peace for Devon in 1535, 1536 (S. P. Dom. H. 8, viii. 149 [58], ib. x. 1256 [53]) ; appointed Remembrancer of the Exchequer May 4, 1535 (ib. 802 [14]) ; a comrais.sioner to Calais in the same year, probably on financial business (ib. 1083) ; ' in good favour ' with Cromwell in 1536 (ib. x. 416) ; a commissioner to inquire into the Northern rebellion (ib. xi. 841), and into the Lincpln- shire rebellion in 1536 (ib. 85.3-4) ; a creditor of the king ' contented to forbear unto a longer day ' in the same year (ib. 1419) ; a commissioner to survey Crown lands in 1537 (ib. xii. i. 539 [40]) ; and in the same year a grantee of an annuity charged on the customs and subsidies of the port of London (ib. [44]) ; one of the King's general surveyors in the same year (ib. ii. 44) ; and in this office superintended the destruction of many of the Northern monasteries (ib. ii. 432, 489) ; and those of the Eastern counties (xiii. i. 192) ; and of the West in 1539 (xiv. i. 324) ; on the com- mission of the peace for Middlesex in 1537 (ib. ii. 1008 [31], 1539, xiv. i. 13-54 [11]) ; Sheriff of Devon for 1537-38 (ib. ii. 1150 [18]) ; and for the city of Exeter (ib. [30]) ; in 1538 received a grant of Combe Mar- tin, and a cori'espondent of Lord Lisle says of him that he ' rules all now in Devonshire ' (xiii. i. 514) ; was active in the destruction of the shrine of St. Thomas of Canterbury in Aug. (ib. ii. 303) ; and of St. Swithun at Winchester in Sept. 1538 (ib. 401); nominated a member of the
COURT OF REQUESTS 51
Eowe ' Sergeaunte at the Lawe concernyng the same, they therupon directed their lettres of comendacion vnto the said John nowe Erie of Bathe, wherby they did aduertyse hym to restore your said oratours vnto their said goodes and cattalles according to the said ordre and decree, whiche refused and yet dothe so to doo. In consideracion wherof it maye please your magestie of your moost haboundaunte grace pitieand charitie to graunte your graces lettres lettres ^ of priue seale to be directed vnto the said John nowe Erie of Bathe com- maunding and enioynyng hym by virtue of the same immediatly vppon the syghte therof to restore your said oratours vnto all their said goodes and cattalles with their reasonable costes and damages to them in that behalf susteigned. And that also that your graces said oratours maye from hensforthe remayne in goddes peax and yours and ffrely to enioye all theire goodes and cattalles as your graces subgietes of righte oughts to doo. And your said oratours shall daily praye &c.'
Endorsed :
xiiij" die ffebruarii a" regni regis xxij'^°.'
' It ys ordered by the kinges honorable consaill that a dedimus potestatem '' be directed to the Justices of Assise in the countie of Devon to take thaunswer of the within named Erie vpon his othe in forme of lawe suorne. And further ordred that the said com- missioners callyng afore theym the complaynauntes shall take bonndes obligatory of euery of theym to yelde and agayne redeliuer the goodes whiche the said Erie hathe caused to be taken frome theym if they be founde to be vilayns to the maner within writen. And the said Erie to paye to theym the charges of the kinges priuie seale to
newly formed council in the West in 1541, since the petitioners cite Lord Eus- April 1539 (xiv. i. 74i3) ; chief steward of sell's judgment as anno xxxj. The second the Marquis of Exeter's forfeited lands in seizure of the plaintiffs' goods must there- March of the same year (ib. 651, 47) ; was fore have been early in October, 1540. The a principal witness against the Abbot of King's Commission (C.) is Feb. 15, 1541. Glastonbury, 1539 (ib. ii. 399, 531). The ^ ' A writ or commission to one or more Dom. S. P. for H. 8 have not been carried private persons for the speeding of some to a later date, and as his name does not act appertaining to a judge, or a Court.' appear in those of Edward 6 he probably J. J. S. Wharton, ' Law Lexicon,' ed. J. S. died between 1540 and 1547. Will, 1876. Presumably this writ was ' See p. 20, n. 2, supra. directed to the Judges because quoad this * Sic, repeated. suit of which the council had seisin they ^ This must be a mistake for xxxij''", i.e. were but private persons.
62 COURT OF REQUESTS
the said Erie directed the retourne of the commission to be mense pasche proximi.'
William petre.'
There is also endorsed, icpside down and evidently />// error
Kesponcio
Comitis
Bathon.
B. ' The annswcr of John Erie of Bath to the byll of com-
playnt of John Burde thelder & John Burde the younger.
' The seid John Erie of Bayth sayth that the seyd byll of com- playnt ys uncertyn & insuffycyent in the lawe to be aunsweryd vnto for dyuers materz theryn apparaunte. Neuerthelesse all the advaun- tagez of the ynsuffycyency of the seyd byll to hym savyd sayth that the seyd compleynamites be namyd John Beard thelder & John Beard the younger & not John Burde the elder and John Burde the younger as is alleggyd in the seyd byll of complaynt & further for answer sayth that one Wylliam Bourgchyer & Thomasyne hys wyf ^ as in the rigth of the sayd Thomasyne were seysid of & in the maner of Holne, with ther appartenauncez in ther demean as of fiee as in the rygth of the seyd Thomasyne vnto the whyche maner amonges other thynges the seyd Rychard Burd named indede Beard, hys auncesters & blode with ther sequell haue been vyllayns regardaunt vnto the seyd manour of tyme owte of mynde and the seyd Wylliam & Thomasyne so seysid at Westminster in the terme of Ester the xxj yere of the raygn of the late kyng of Englond kyng henry the syxt^ a ffyne was leuyd betwyne Nycholas Aysheton Eobert Joce & other com- pleynauntes & the seyd William Bourgchyer & Thomasyne hys wyff defendauntes amonges other thynges of the seyd manour of Holne with ther appartenauncez by whyche ffyne the seyd William & Thomasyne Imoleggyd all ther rigth of & in the seyd manour to the seyd Nycholas Eobert & other namyd in the seyd ffyne & to the heyrez of the seyd Piobert as that the seyd Nycholas Robert Joce & other had of the gyfte of the seyd William & Thomasyne for whych ffyne & concord the seyd Nycholas Robert & other namyd yn the seyd ffyne grauntyd & renderyd amonges other thynges all tke seyd manour of holne with ther appurtenauncez to the seyd Wylliam &
' See p. cxvi, n 87, supra. - See p. 57, nn. 2, 3, infra. ^ 1443.
COURT OF REQUESTS 53
Thomasyne To haue & to holde to the seyd Wylliam & Thomasyne & to the heyrez of ther bodyes lawfully begoten & for defaute of suche yssue the remaynder ouer as by the same ffyne moer playnly apperyth of recorde by reason wherof the seyd Wylliam & Thomasyne were therof seysid in ther demean as of ffee tayll by forme of the seyd gyfte and after the seyd Wylliam & Thomasyne dyed after whois death the seyd manour of Holne with ther appurtenaunces discendyd vnto one ffoulke Bourgchyer late lords ffytz Warryn as son & heyr of the bodyez of the seyd William & Thomasyne lawfully begoten by reason wherof the seyd ffoulke entryd into the seyd manour and was therof seysid in his demean as of ifee tayll by forme of the seyd gyfte & so seysid therof dyed seysid after whois deth the seyd manour of Holne with the appurtenaunces dyscendyd & of rigth ougth to dyscende vnto the seyd John late Erie of Bayth mencyonyd in the seyd byll as son and heyr of the seyd ffoulke who entryd into the said manour & was therof seysid in his demean as of fee tayll by forme of the seyd gyfte & also was seysid of the seyd compleynauntes as vyllayns regardauntes to the seid manour after whois deth the premyssis dyscendyd to the seyd nowe Erie as son & heyre of the seyd John by reason wherof the seyd now Erie entryd into the seyd manour of Holne with the appurtenauncez & therof is seysid in hys demean as of ffee tayll by forme of the seyd gyfte & by vertue therof he the seyd now Erie claymyth the seyd compleynauntes as vyllayns & bond men regardauntes vnto the seyd manour of Holne & thervppon causyd seyser to be made of ten kyen three oxen one heyffer oone Erlynge & xj Shepe parcell of the goodes of the sejd compleynauntes as lawfull was for hym to doo. Without that that the seyd ffoulke manumysid or dyscharged the seyd Eychard Burde named in dede Beard & all his yssue & sequell of all maner of Servytude or bondage or that the seyd Eychard or any of hys yssue or sequell at anytyme ynioed any such privylage or benefyte of ffredom or were dyscharged or manumysid by any suche graunte of manumyssyon in maner & forme as untrewly is surmysid in the seyd byll of complaynt or that the seyd ffoulke of rygth ougth to make any such graunte or manumyssyon other then duryng hys lyf yf any such were or that the seyd Crystofer-prowse toke any suche goodes from the seyd com- pleynauntes by the commaundement of the seyd now defendaunt or that any other thyng comprised in the seyd byll of comjjlaynt beyng materyall to be answered vnto not answerid confessid & avoydyd denyed or trauersid is trew all whiche mater the seyd defendaunt is redy to auer as thys honerable Courte wyll award & prayeth to be
54 COURT OF REQUESTS
dysmj^sskl owte of the same with his reasonable coste expens & chargez for his wrounfull vexacion susteynyd in that behalf.'
c. By the King.
Trusty and welbiloved we grete yon well, and woll and desyre you that ye by auctoritie herof doo not only call afore you in our name our right trusty and right welbiloved cousen therle of Bathe and to receyve his aunswer to the bill herin closed vppon his othe duely taken, But also that ye in likewise call afore you the compleynauntes in the saide bill named, and vppon the delyuery and restitucion to them made by the saide Erie of such thair gooddes as lately bathe been from them taken whiche we by our former lettres to hym hereto- fore addressed have commanded hym to doo, ye then take bondes obligatory or other assurances of the said parties for redelyuery of the same gooddes, if the saide Erie duely and sufficiently j)rove afore our counsaill the saide compleynauntes to be his villayns appendaunt to his manour of Holle in the countie of Devon, and so accomplisshing our pleasour as above said, to certifie vs and our counsaill in the White Hall at Westminster in writing vndre your sealles of the same aunswer by you taken with your further i^rocedinges in this behalf in the mouse of Ester nexte commyng without fayling thus to doo as ye tendre the quietnes of our subiectes and the preferment of iustice. Yeven vndre our prive Seal at our honour of Hamptoncourte the XY^h of February the xxxij*^ yere of our Reigne.^ -
E, TURNOUR.
BURDE V. BATH, EARL OF/
D. ' To the Kynge our Soiierigne Lord.'
1551 'In most humble wise showythe and complaynethe vnto your highnes your ffeitlifull subiecte and dayly oratour John Burde that where the right honorable erle of Bathe hatlie many tymes here- tofore & yet doyth clayme your your ^ said orator to be his bondman, and by colore therof aboute a xj yeres past one Christofer prouse &
' 1541. ^ Richard Turnour, a clerk of the Privy
- The further papers of this suit have Seal. S. P.Dom. H. 8, xii. i. 1103 (15) ; cf.
not been found, but the histoiy is given in p. 175, n. 4, infra.
D. following. ^ Mr. Hunt's Calendar. Bundle 5, No. 145.
^ Repeated.
COURT OF REQUESTS 55
John halifeacre by the cummandement of the said Erie wrongfully toke from your oratour dyuers of his goodes and cattalles fibr refor- macon wherof your said oratour exybeted one bylle of complaynt to the right honorable Erie of Bedforde Lorde prevye seale that now ys then Lorde presydente of the west parties ' & other the kynges comyssyoners there ageynste the said Christofer prouse and John halffeacre for the wrongfuU takynge of your oratours said goodes & cattalles whervnto they made aunswere that your said Oratour was bondman to the said Erie of Bathe & vyllayne regardent to hys manour of holme yn the countie of Deuon & that by his lordisshippes comaundement they toke the same goodes & cattalles as laufull hyt was for theym to doe, whervnto your Oratour repplyede that he was ffree <te of ffree estate and nott vyllayne whervppon they weire at issue, and vppon the delyberatt herynge of the matter forasmych as your said Oratour showede ffourthe to the seid lorde prevye seale & to other the kynges comyssioners there that your said oratour ys manumyssyd & made ffree as by the dedes of manumyssyon therof sealed wyth the seales of the Auncestors of the said Erie of Bathe more at large dyd playnlye appeare, whervppon the said lorde presydent and the said other com- myssioners ordered & decreed that your said Oratour shulde be re- storede to the said goodes and cattalles and also be yn rest and quyetnes tyll suche tyme as better matter weire showede and that nott wythstandynge, most gracious lorde, the said erle of Bathe styll detaynede & kepte the said goodes and cattalles whervppon your said Oratour after the said lorde prevye seales departynge from the west parties was drevyn to repayre to Sir Thomas Denys - Knyght & other Comyssioners yn the said west parties, whervppon at the sute of your said Oratour^ then wrote theire letters to the said Erie for the delyuery of the said goodes and cattalles whiche hys lordisshipp lyttyll regarded, whervppon your said Oratour made humble petycion to the late kynge of ffamous memorye Henry the viij*^ your highnes ffather & obteynede his gracious letters vnder his graces prevye priue * seale directed vnto the said Erie of Bathe, wyllynge & commandynge hym by the same to delyuer your Oratours said goodes & cattalles, and yet the same letters nott wythstandynge, the saydErle refused soe to doe, by reason wherof your said Oratour was drevyn to obteyn other letters vnder the previe Seale of the said late kynge directed to the Justices of assice yn the said Countie of Deuon auctorysynge them by the same nott onJy
' John Russell, first earl, diplomatist and 1550; Ambassador to Spain, 1554; died
soldier, Lord High Admiral, 1540-42 ; Lord 1555. ' Diet. Nat. Biog.'
President of the Council of the West, 1540; - See p. 15, n. l,p.5U, n. 3, and p. 122, n. 2,
Lord Privy Seal, 1542 ; Earl of Bedford, " Sic, ' they ' omitted. ^ Sic.
56 COURT OF REQUESTS
to wylle and requyre the said Erie of Bathe to delyuer the said goodes and cattalles & to take bondes of hym by his dede obhgatory for the true performance of the same, butt also to take aunswere of the said Erie to the bylle of Complaynte of your said Oratour. Whervppon the said Justices of assice dyd aduertyse the said Erie and that notwith- standynge the said Erie refused soe to doe whervppon your said Oratour was drevyn eftesons to make suete vnto the said late kynge & obteynede his maiesties letters once ageyne directed vnto the said Erie that his lordisshipp vpon the payne of the forfeyture of too hundred poundes to his highnes ' by vertue of whiche letters your Oratours said goodes & cattalles weire delyuered whiche longe suete was to the greate hynderance and ympouerysshynge of your said Oratour, howe be yt after thesaid longe suete endyd as ys afforsaid your said Oratour pos- sessed all his goodes and cattalles yn quyetnes by the space of sevyn yeres vntyll nowe of late most drade soueraigne lorde that is to saye the XXV daye of aprylle yn thys presente ffifte yere of your maiesties Eeigne ^ one John wolcott Keve of the said manour of holme John Pieynolde John Shapter otherwise Bukler ^ Stuwarde of the said manour by the commandement of the said Erie distrayned & toke awaye from your said Oratour the nomber of xi hedde of cattle of his owne proper goodes and cattalles that is to saye one horsse and one gyldinge vij keyne and too bullockes whiche weire all the lyve cattalles that your said Oratour hadde, the saidgeldynge stone horsse and ffyve of the snid keyne strayed awaye from theire fellowes & came home ageyne to the howese of your said Oratour and the other ij keyne the said John woulcott John E-eynoldes and John Shaptor alias Butler ^ doe styll detayne & kepe notwythstandynge request made to theym for thesame, butt aunswered your Orator that he shulde seeke the best counsell he coulde gette whyche ys a greate troble to your gi-aces said Oratour beynge butt a poore man, and yslyke to be hys vtter vndowynge, onlesse your graces accustomed mercye & petie be vnto him showed yn thys behalffe. In consyderacon wherof hit may please your highnes to graunte your most drede letters of prevy Seale to be directed vnto the said John woulcott John Reynoldes John Shaptor alias Butler cummandynge thym by vetue ^ therof personally to app[ear] ^ before your highnes & your most honorable Counsell dayly attendaunt vppon your Eyolle person at a certeyn day & vnder a certeyne payne vnto theym by your highnes [and your] "* seid counsell to be lymytted therre & then to aunswere vnto the premysses & iferther
' Sic, apodosis omitted. '' Sic.
2 1551. ' MS. mutilated.
COURT OF REQUESTS 57
to stande & obey all suche order theryn as vnto your maiestie tV your said counsell [sh]all ' seme most mete to stande with equitie iustice & good conseyence, and your said poore subiecte shall according to his most bounden duety daily praye vnto god for the longe contynuance of your highnes Riolle astate longe to indure to the pleasure of God.' Endorsed. — Byrd versus Walcott Eeynoldes & alios.
E. * The Aunswere of John wolcott John Eeynoldes and John
Shaptor alias Butler to the byll of John Burde alias Berde,'
' The said defendauntes for aunswere sayen that Nycholas Aysshe- ton Eobert Joce wyllyam hyndeston and John Wydeslade were seyscd that is to saye the sayd Eobert in his demesne as of ffee and the sayd Nicholas Wyllyam and John Wydeslade in ther demesne as of ffreholde of and in the Mannour of Holne in the Countie of Deuon, whiche said Nycholas Eobert Wyllyam and John Wydeslade and all they whos estate they hadde in the said Mannor were and haue byn tyme oute of mynde whereof ther is no memorye of man to the contrarye seysed of the Auncesters of the said compleynaunt and of his Bloude as vyllaynes and nyeffes regardauntes to the sayd Mannor of Holne And they beyng theireof so seysed by godde matter of Eecorde gaue the sayd Mannor wyth thappurtenaunces amongest other Mannors londes and tenementes vnto Wyllyam Bourchyer knight lorde ffytz warryn - and to the Ladye Thomasyne his wyef^ and to the heires of ther ij bodyes laufullye begotten, By fforce whereof the sayd Wyllyam lorde ffytz- warreyn and the ladye Thomasyne were thereof seysed in there demesne as of ffee tayll And they beyng thereof so seysed dyed of suche estate thereof so seysed By and after whose death the said Mannor wyth thappurtenaunces amongest other dj^scendyd and came and of right ought to dyscend and come vnto ifoulke Burghchyer knight lorde ffytzwarreyn as sonne and heyre of the bodyes of the saide lorde wyllyum ffytzwarreyn and ladye Thomasyne laufullye begotten, By force whereof the sayd lorde ffoulke ffytz wareyn entryed into the sayd Mannor wyth thappurtenaunces and was thereof seysed in his demesne as of ffee tayll, And he beyng thereof so seysed dyed of such estate thereof by protestacion seysed * by and after whos death the
' MS. mutilated. ' Daughter and heir of Sir Richard
- WiUiamBourchier, first Lord Fitzwarine Hankford, kt., and sister and heir to Fulke
of this family, summoned to Parliament, Fitzwarine, ninth Lord Fitzwarine, who
27 H. 6. Third son of William Bourchier, died temp. H. 4. Nicolas, ' Hist. Peerage.'
Earl of Ewe, by Anne, daughter and heir ' ' Where a man pleadeth a thing which
of Thomas of Woodstock, Duke of Glouces- he dares not at'lirm or that he cannot plead
ter, Collins, ix. 450. for fear of making his plea double, as in
58 COURT OF REQUESTS
sayd Manner wyth thappurtenaunces dyscendyd and came to the right honorable John late ' Erie of Bathe as sonne and heyre of the sayd Lorde ffouUie ffytzwarryn, By force whereof the sayd John late Erie of Bathe entryd mto the sayd Mannor with thappurtenaunces and was thereof seysed in his demesne as of ffee tayll, And he beyng thereof so seysed dj^ed thereof by protestacion '^ so seysed, After whos death the sayd Mannor wyth thappurtenaunces dyd dyscende and comme to the right honorable John nowe Erie of Bathe as sonne and heyre of the sayd John late Erie of Bathe. By iforce whereof the sayd nowe Erie entryd into the sayd Mannur wyth thappurtenaunces and was thereof seysed in hys demesne as of fee tayll. And the said defend- auntes namyd in the sayd Byll of complaynt at or nere the daye & tyme mencyoned in the said Byll as seruauntes to the said nowe Erie and by his commaundement dyd take awaye the gooddes and catalles of the sayd compleynaunte inclaymyng and seysyng the same to thuse of the said nowe Erie for that that the said complaynant is vyllayn regardaunte to the seyd mannor of Holne. Withoute that that the said manumyssyon mencyoned in the byll so made by the Auncesters of the said nowe Erie whose heyre he is, ys of anye force in lawe to dyscharge the vyllynage and bondage of the bloudde of the said com- playnants ayenst the said nowe Erie fforasmyche as the said Auncester whiche made the saide manumyssyon had nothyng in the said manur but in tayll at the tyme of the said manumission made &c. Or that anye other materyall thyng in the said Byll of compleynt mencyoned and not by this aunswere suffycyentlye confessyd avoyeded trauersyd or denyed is trewe. All whiche matters the said defend- auntes are redye to auerre and proue as this honorable Courte shall awarde and prayen to be dysmyssed oute of this honorable courte with ther resonable costes and charges by them susteyned in that behalf.'
ORDERS AND DECREES.'
Eodem die (Primo die Julii a" sexto *).
1552 Berde contra comitem de Bathe.
Be it remembered that the kinges counsaill vpon consideracons to theym shewed towchyng the suete of John Berde & Wilham Berde
title to land by two descents, the defendant ' Protestando.'
must plead one of them and put the word ' ' Nowe ' is struck out and ' late ' sub-
" protestando " instead of " dicit " as to the stituted.
other, that such a one died seised &c.' '■' See p. 57, n. 4.
G. Jacob, 'Law Dictionary' (1732), stib ^ Vol. viii. p. 20. "' 1552.
COURT OF REQUESTS 59
ayenste the erle of Bathe for and towchynge the clayme of Bondage in trauerse ys nowe ordred that the playntyffes apper afor the said Coun- saill in crastino Animarum to folowe and prosecute ther suete in that mater orels the said lorde to he dismissed of any further suet afore the said [Counjsain in that behalf herafter.'
BURGES V. LACY.-
A. To the King our soueran lord.
In moost humble vise shewith & complayneth vnto your grace your dayly Oratour sir William Burges preest That where he hathe contynued in seruice with oone maistres Luce Lacy ^ of the said cite by the space of oone hole yere according to his promise & couenaunt and nowe at hys yeres ende wold lawfully departe for hys most proffet, so it is most gracious lord that the seid maistres Luce wrong- fully & vntruely surmyseth that your seid oratour shuld graunte to serue her a nother yere whyche is vntrue & but mater fayned of malis as your seid oratour can & wyll evidently prove & iustyfie by sufficient Eecordes & proves and ouer thys gracious lord the same maystres Luce of her Kyall power without cause or mater of right wrongfully with holdeth et kepeth from your seid oratour all hys quartier wagys xiij s. iiij d. and his gone the pryse ther of is xx s. iij s. iiij d. and hys letturys of his ordurys contrary to right and god conscience. Please it there fore your noble grace the premissis tendyrly to consider and that your seid oratour is but lately comme to the cite and haue small aquayntaunce & very few friendes and also is of none power to sue for his right & remede by the course of the lawe of your most godly & blessid disposicion and at the Keuerence of God & in the way of charite to commando the seid mastres Luce personally to appere before your grace there to aunswere to the premissis & ferther to be orderyd in the same as by your grace shalbe thougth most according with right lawe equitie iustice & good conscience and your seid oratour shall dayly pray to God for your prosperous and state longe to endure.
Ejidorsed. Burges querens Lacy.
' No further minutes found. St. Anthonyn,WatHng Streate, London, was
^ Mr. Hunt's Calendar, Bundle 6, No. proved in 1541. Challenor Smith, ' Judex
101. to Wills Proved in the Prerogative Ct. of
^ The will of Luce Lacy, of the parish of Canterbury ' (Index Society, 1895), p. 321.
60 COURT OF REQUESTS
B, Thaunswere of Luce Lacy to the bill of complaint of Sir
William Bruges prest.
The said Luce saith that the said bill of complaint is vntrew vncerten and vnsufl&cient to be aunswered \iito and the mater therin conteyned determjmable by cours of the comen law wherof she praith alowance. Notwithstanding for the ferther declaracion of the trought the said Luce saith that for a trowth the said sir William was in seruis and Eeteyned with the said Luce for ij yeres and the said sir William promisid couenaunted and graunted to serue the said Luce by the space of ij yeres and not for one yere in maner and forme as is in the said bill specified. And as towching the said wages and gowen the said Luce saith that she is and at all tyme hath ben redy to deliuer hit to the said sir William so that the said Sir William will doo his seruis according to the couenaunt made with the said Luce. Without that that eny thyng effectuall in the said bill conteyned is trew otherwise then is specified in this present aunswere. All which maters the said Luce is redy to prove at ^ this court will award and paieth^ to be dysmyssed owte of the same with her resonable costes for her wrongfull ^ and troble in that byhalf.^
DARYNGTON v. CHAPMAN.*
A. To the Kyng our Soiiereign lord.
1541 1\\ moste humble wyse complayneth and shewyth vnto your maieste your seruant and sublet Eychard Daryngton oone of ^ foot- men' Wher jour Heythnes by your most gracius letters of comyssion vnder your Seall before this deputed and assigned your sayd Subiect to take for your maieste bandoges *^ or mastives by vertew of wyche your most gracius letters of comyssion and accordyng to the tenor of the same your said oratour in May last past came to oon John Chap- man then & yet mayor of your towne of Cambrige requyring and desyring hym in the name of your maieste and by vertew of your sayd grasius letters of comyssion wyche your sayd Seruant and
' Sic, for ' as.' ' See p. 17, n. 5, supra.
- Sic, for 'praieth.' ^ Sic. " Band- or bond-dog, 'a dog tied or
•• No further proceedings found. chained up, either to guard a house or on
^ Mr. Hunt's Calendar, Bundle 4, No. account of its ferocity ; hence generally a
22 G. mastiff, bloodhound,' J. A. H. Murray
^ A word, presumably ' your,' deleted. ' New Engl. Diet.,' Oxford, 1888, s.v.
COURT OF REQUESTS 61
Sublet then and ther shewed to the sayd John Chapman mayor ' to haue for your grace fouer bandoges in your sayd towne of Cambrige of the wyche bandoges the sayd John Chapman then was & yt Ms owner of oon of them whose request and desyre in your gracious name the sayd mayor lytyll or nothyng regarded but in skorne sent a chyld with your sayd seruantt in to the said towne for the execucion of your comyssion so that by the neeclegenc and lyght demenour of the mayor your sayd servant and subiet was not only dissapoynted and mocked of suche bandoges as he shold have had in the sayd towne for your grace but also the sayd John Chapman in no wyse wold permyt your sayd orator to have for your maieste hys one bandoge. Wherfor your sayd seruant and subiet for the execucion of your gracius comyssion delyuered to the sayd John Chapman the same your sayd comyssion requyryng hym in your gracius name that your grace ^ pleasure shold be observyd with spade that is that he to gether with your sayd letters of comyssion shold with all expedycon send to your grace his bandoges and thre other suche as your sayd seruant and subiet then named to hym beyng within the sayd towne wyche to doo the sayd John Chapman nothing regardyng but obstynatly and proudely not only reteynyth in his handes your sayd comyssion but also hath not send to your grace the sayd doges in derigacon of your maieste and in a yll example of your gracius subietes for reformacon wherfore yt may pleas your heythnes to graunt your gracius letters of privy seall to be derected to the sayd John Chapman comaundyng hym by vertew of the same personally to apere before your honourable counsell in your Whyte Hall att Westminster att a certen day and vpon a certen payn by your maiestie to be lemytted ther to aunssuer to the premysses. And your sayd orator shall daly pray to our Lord for the most Koyall estate of your excelent heythnes long to contenew to his most blessed pleasure.
CUKSON.* ORDERS AND DECREES.^
Eodem Die (xxviij die Junii a" xxxiij"").
Johannes Chapman maior ville Cantabrigie personaliter com- paruit coram consilio domini Eegis die et anno predicto virtute brevis
' John Chapman was Mayor of Cam- - Sic, for ' yet.' ' Sic.
bridge in 1541, as appears from the entry ' Kobert Curson, of Lincoln's Inn, ap-
of his appearance (see below). He had pointed second Baron of Exchequer 1547,
been Coroner of the liberties of Cambridge died c. 1550. Foss, v. 300. in 1532 (S.P. Dom. H. 8, v. 838, 1), and on ' Vol. vii. 32 H. 8—1 Ed. 6. This voluine
the commission of the peace for the has presumably been rebound since the list
borough in 1537 (ib. xii. 1150, 22). of 1881. See p. lii, supra. •* 1541.
62 COURT OF REQUESTS
de private sigillo sub pena c li. ad sectam Ricardi Daryngton et . . . * et hoc sub . . . ^
INHABITANTS OF BURNAM (SOMERSET) v. RICHARD FFYNES.'
' To the Kynges moste Roialle maiestie our Souerian lorde.'
1543 * In moste humble wise complaynethe & shewethe vnto your moste excellent and Roialle maiestie your true & faithfull subiectes and daylye orators the inhabitantes & dwellers of the perishe of Burnam in your county of Somerset and tenauntes bye copie of courte rolle vnto Richard fifynes of Broughton in the County of Oxforde esquier latlye warde vnto your grace. That where one Edwarde ffynes late of Broughton in your sayd countie esquier decessyd & father vnto the sayd Richard ffynes was seasyd in his demeane as of fee of & in the maner of Burnam aforesayd within the whiche maner is a greate waste grownde or comon called the brode Warthe * wherin aswell your sayd orators beinge copye holders of the sayd maner as ther prede- cessors occupiers of the tenementes & holdes that your sayd suppliantes do now holde & occupie by copie of courte rolle by their seuerall rentes of the lorde & owner of the sayd maner of Burnam as also diuerse other gentilmen beinge freeholders & holdinge their freholdes of the sayd maner haue vsed tyme owt of mynd to haue common in the sayd brode warthe for their catell as the contrey can testyfye therabowte. And where also the sayd Edwarde ffynes owner of the sayd maner for diuerse greate summes of money to him payed in the name of fynes & incoms -^ granted to diuerse persons of the sayd parishe diuerse parcells of the demean landes of his sayd maner called & knowen ther by the name of Vuerland '^ which Vuerland hathe ben tyme out of mynd vsually let & granted by copye of courte rolle to the tenauntes therof for like astates as the tenementes & other landes longynge to the
1 Obliterated. close to a stream. Halliwell.
- No further proceedings found. ^ I.e. the fine at the incoming, ' ad in-
3 Mr. Hunt's Calendar, Bundle 8, No. 135. gressum,' frequently called a ' gressom,' or
This Richard Fynes (called Lord Say) 'gressum.'
died in 1579. G. Lipscomb, ' Bucks,' ii. 470. « Apparently an erasure here, as though
The manor came to this family by mar- the transcriber had had a difficulty with
riage with that of Wykeham, temp. H. 6. the original. The name, as presently
Collinson's ' Somerset,' i. 180. appears, was ' ouerland ' In modern typo-
* Warth. In Herefordbhire, a flat mcadov graphy ' Uverland.'
COURT OF REQUESTS bd
same called olde astre * hath ben let & granted for asmiche as diuerse of the sayd tenementes & holdes called the olde astres be but small holdinges & be not sufficient & able to mainteyn a plow & to here & sustein the charges of the occupiers & tenauntes of the same withowt the sayd ouerland annexed & adioined vnto the same wherbye the tenementes & bowses be the better susteyned & hospitalite amonges them the better mayntened & supported the lordes rentes the better payed & his fynes for estates & entres in to the same dayly encreased. So it is most gracious soueren lorde that sithe the sayd Eichard fiines bathe sued liuerie owt of your graces handes of the said maner by means of sinistrie & ill councell entendinge the vtter vndoinge of your said poor subiectes for a singuler lucre & proffitte to him selfe & to one or towe more at a courte there laitly holden hath not only discharged diuerse of your saied subiectes of ther ouerland granted vnto them by the said Edwarde ffynes his father as shall & may apere by ther seuerall copies but also hathe taken from your said orators & other his freholders the said common called the brode warthe & discharged them of the common in the same And the same brode warthe entendithe for his own singuler lucre & proffit to dike & enclose & to make seuerall & to graunte & let the same to ferme & holy to expelle & exclude your pore subiectes their children & posterite from ther lawfull common in the same contrare to equite & right & conscience And for asmiche as diuerse of your pore subiectes wolde not assent to haue the said common enclosed & made seuerall but resisted & did withstande the same the said Eicharde ffynes hathe lately vexed them by subpenas & sued them in your high courte of chauncerie for the same entendinge therby to putte your said oratoures to trouble vexacion & coste & therby vtterly to vndoo your sa^^d pore suppliantes so that they shall not be able to leve ^ & paye ther duities to Gude & vnto your grace & vnto him for ther said holdes onles your moste excellent maiestie beinge moved with your accustomed marcye & pitie be gracius vnto them in this behalfe hit may therfnre please your highnes to directe your gracius lettres missyves vnto the sayd Eichard ffynes commaundinge him by the same to permitte & suffre your said suppliauntes to haue hold & enioy ther sayd common in the said brode warthe as they & their prede- cessors heretofore haue hitherto vsed the same and to haue holde & enioye soche ther ouerlandes quietly accordinge to their copies and to surceasse & withdrawe his suit in the chauncerie ayenst your pore
' Astre, a hearth ; the holding at will land ' (1892), p. 56 ; ' Trans. R. Hist. Soc' by a villain in blood on the demesne. 1892, p. 200. See P. Vinogradoff, ' Villainage in Eng- - i.e. levy.
C4 COURT OF REQUESTS
subiectes and no farcler to sue vexe nor inquiett them for the same or ells to appere before your grace & your honorable councell at a certen daye to answer vnto the premisses and thervpon suche farther direction & order to be taken in the premisses as shall & may stand with equitie right & conscience. And your said subiectes shall dayly praye vnto Gode for the preseruation of your moste noble & roiall estate longe to endure.
Ma-wdley.^
Endorsed. Inhabitantes de Burnham versus Eicardum ffynes armigerum.
This mater ys dependyng in the Chauncerie at the sewte of parte of the complaynants.
Thiuhabitauntes of Burnham agayne Mr. ffynes.
ORDERS AND DECREES.^
Eodem die (xxvj"' die Januarii a" xxxiiij'").' Piicardus ffynes armiger personaliter comparuit coram consilio domini Eegis apud Westmonasterium die et anno predictis virtute brevis consilii domini Piegis ad sectam tenendum de Burneham in comitatu Somerset.
KENT AXD OTHERS INHABITANTS OF ABBOT'S RIPTON V. SEYNTJOHN.^
A. To the k} ng oure soueraigne lord.
1543-44 ' In most humble and peteous case complaynynge shewen vnto your excellent highnesse your pore dayly oratorys and true and faith- full subiectes Symon Kent "William Byrde Thomas Yong William Yong William Baxster Thomas Eogar and Wilham Stokeley tenauntes and inhabitauntes of the lordshipe callede Abbates Eipton in your countie of huntyngton parcell of the landes and possessions of the late monastery of Eamsey in the seid countie now dissoluyde ; ^ That
' Presumably signature of counsel. I dale as follows : ' Monast.' ii. 588.
have not been able to identify this person. Eipton Abbatis Manerium cum Wenyng-
2 Vol. vii. p. 147, 32 H. 8—1 Ed. 6. ton Esthorppe.
3 1543. Eedditus Assise libereTenen-
* Mr. Hunt's Calendar, Bundle 7, No. 10. tium . . . . £0 4 2f
35-36 H. 8. Eedditus Assise Custumarie
^ Eamsey Abbey was surrendered 22 Nov. Tenentium . . . 20 9 9
31 Hen. 8 (1539). The possessions of the Eedditus Tenentium ad vo-
Abbey at Abbot's Eipton are given in Dug- luntatem . . . .113 4
COURT OF REQUESTS Go
wher your seid oratorys and other the most parte of the tenauntes and mhabitaiintes of the seid lordshipe alwaies hertofore tyme out of mynde haue peasabHe vsed and accustomede to haue holde and enjoye their seuerall holdinges and Tenauncies by copie of courte Eoll to them and to their heires in fee symple or for terme of yeres or for terme of Hff or lyfes after and according to the aunciente and laud- able vsage and custome of the said manour or lordshipe paying the rentes customes and seruices due for the same to the chieflfe lorde tharof aswell in the tyme while the seid late monastery contynuede as synce the dissolucion therof while the seid lordshipe was and contynuede in your graces handes and possession without lett vexacon or destourbaunce vntill now of late that is to saye abowte twoo yers last past that on sir John Seynt John knight to whos handes and possession the seid lordshipe by reason of an Exchaunge therof to hym made by and from your highnesse is now come, Who sj^ns his entre into the same of his greate myght and powere withoute any iuste cause or grounde resonable contrary to the seid auncient vsage and custome, of his insaciable covetous mynde and for his own singulere lucre and aduauntage by compulsion threatynges and other sinistre and vnlaufull meanes hath gotten into his handes many copies of courte rolles of the seid lordshipe wherby diuerse of the seid tenauntes helde thar seide seuerall tenauncies to whom he now hath grauntede the same by seuerall Indentures of lease for terme of yeris graitlie raysing and enhauncynge the rentes due and reseruyde for the same to ther greate hurte and enpouerysshinge and by force and colour wherof he wolde in likewise cause and compell your seid oratores and all other tenauntes of the seid lordshipe so to do to ther like hurte and enpouerysshynge. And for that they nor any of them wolde be agreable so to doo the same sir John Seynt John of his further euell and vncharitable mynd entendynge to fatigate oppresse and subdue your seid oratores and the seid other tenauntes and the rather to compell them to agre to his sed couetous and vnresonable appetite hath now of late not onlie entrede vpon the falowe of the seid William Stokeley one of your seid oratores and devourede eatten and consumede with his cattail the gresse pasture and seuerall medowis of the same Wylliam and hath beaten and stryken the seruauntes and catall of the same WilHam in such wise that the same William dare not for feare and daungere of his liffe travaiie and laboure abought his laufuU and necessarie affaires and besinesse in the cuntre ther but also hath attemptide and pursued diuerse accions of trespasse agaynst them for the kepinge and occupacion of their seid tenauncies
GO COURT OF EEQUESTS
hj^oY your Justices of your commyn beanclie in Westmynster and hath caused them to be attachede vpon the same, and nat so con- tentede but myndyng to put them to further vexacion and trouble wrongfulhe nat onhe hath discontynuede the same accions and no further will procede therin, but also hath causede and procurede one Olyvere Seynt John Sonne and heire apparaunte of the seid sir John ^ to attempte and pursue sundry accions of trespas byfore your seid Justice in the seid benche agaynst your seid oratorys which Olyvere procedith in the same agaynst your seid oratorys entendynge wrong- fulhe to condempne them in the same accions agaynst all right and good conscience and to the greate losse enpouerysshinge and vtter vndoyng of your said oratores in this worlde for euer onles spedy remedy be by your highnesse providede in this behalffe. In tender consideracion and for remedy wherof and forasmuch as your seid oratores being but verey pore husbondmen having wiffes and many children to susteyn and who haue paide greate sommes of money aswell for fynes & incomes at the first entre in to ther seid holdinges as also bestowede greate coastes and charges in and vpon the repara- cions and newe buyldinges of the premisses, ben not able nor of power to trye with the seid sir John Seynt John and Oliuer beinge gentilmen of greate londes possessions and substaunce and in greate estioaacyon and auctoryte in the countre ther, for ther remedie by the due course of your Commen lawes : It may therfor please your highnesse to graunte your gracyous lettres vnder your preve seale to be directed to the seid sir John and Oliuer commaundyng them
' The identification of this personage is Parliament as burgess for Bleching Lee
rendered difficult by the circumstance that (Bletchingly),(ib.iv.p. 2691). AttheCorona-
three in succession bore the same name. tionof Anne Boleyn in 1533 Sir John St. John
Of these the eldest was Sir John St. John, and John St. John were both in attendance
knighted in 1488, whose mother Margaret, as members of the household (ib. vi. 5()2,
Bister and heir of John Lord Beauchamp i. ii.). Sir John was entrusted with the
of Bletsoe, became by her second marriage dutv of suppressing the Lincolnshire rising
with John Beaufort, duke of Somerset, the in 1.536 (ib. xi. 844, 1972, 1103), though he
mother of Margaret, countess of Eichmond, was ' a man of gentle nature ' (ib. xii. i.
and therefore grandmother of King Henry 7 810). In 1540 he was one of the knights
(Collins's ' Peerage,' ed. Sir E. Brydges, appointed to meet Anne of Cleves (ib. xv.
Ijondon, 1812, vi. 741). He was one of p. 5), and in the same year was a commis-
the executors of the countess of Eichmond sioner of gaol delivery for the Norfolk cir-
in 1-509 (S. P. Dom. H. 8, i. 406). His son, cuit (ib. 282. 6). On 3 June 1540 he
Sir John St. John, knighted in 1497 (Met- received grants of land in Bedfordshire
calfe's 'Book of Knights,' p. 27), was a previously the property of the priories
knight for the Body in 1516 (S. P. Dom. of Chicksand and Harwold (ib. 831, 16).
H.8,ii. 2735). The first Sir John St. John The eldest son John St. John having
appears to have died in or before 1528 (ib. died some time after 1539 (ib. xiv. ii. 236
iv. 4993, 4). This, the second Sir John [p. 74]), the second son Ohver, the second
St. John served as High Sheriff for Beds defendant in this action, became his father's
in 1529 30 (ib. 6072, 9), and for Beds and heir. This Oliver was created in 1559 Lord
Bucks in 1534 (ib. vii. 1498, 13) ; and in St. John of Bletsoe (Collins, l.s.c). 1528 his eldest son John was returned to
COUTJT OF REQUESTS 67
and either of them by the same vpon a certeyn payn by your highnes to be lymyttede nat onlie personalKe to appeare byfore your high- nesse and j^'our honorable counseill attendaunte vpon your most Roiall person at a certeyn day by your highnesse to be prefixed ther to answere to the premisses and to suffere and abyde such ordere and direccion theryn as shall stond with right equyte and good conscience, but also that they the same sir John and Oliuer nor eny of them nor any other person or persons for them nor in ther namys or the name of eny of them nor by their or any of their assent commaundemente or procuremente in the meane tyme do procede eny further in the said accions or any of them agaynst your said oratores or any of them. And your said Oratorys shall dailie pray to God for the prosperyte & preseruacion of your most Eoiall maiestye long to Eeigne and endure.'
Endorsed. Thinhabitauntes of Abbottes Ripton against Sir John Seynt John.
Primo die ffebruarii, anno xxxv'".'
Committatur causa ista ex assensu partium Thome Hutton & Thome Hall armigeris ad examinandum veritatem secundum consue- tudinem manerii finaliter. Detur partibus vocatis cum testibus aliter ad certificandum consilio Domini Regis iuxta compertum inscriptis xv"" pasche proxime [injiungendo partes ad comparendum eodem die sub pen a c //.
Robert Bowis.-
Oliuerum Saint Johns
Oliuerum Saint Johns armigerum continuatur causa
Thinhabitauntes of Abbottes Ripton rustice
B. ' The Answer of Olyver Seint John Esquyer Sonne & heyre
Apparant to sir John Seynt John knyglit to the byll of complaynte of Symon Kent william Byrde Thomas yonge William Baxter Thomas Roger and William Stokeley.'
* The said defandant saythe that the said bill of complaint is vntrewe and insufficyent in the lawe to be answered vnto and the matter therein conteyned devised onely of malice to putt the said defendant to vniuste costes vexacion and troble. Neuertheles the aduauntage of the insuffycyencye thereof to the said defendant at all tymes hereafter saved, The said defendant for answer saythe that
' Feb. 1, ir>44. ^ See p. cxviii, n. 107, supra.
K 2
68 COURT OF REQUESTS
within shorte space after that the said manur of Abbottes Rypton came vnto the handes of the said sir John Seynt John by exchaunge from the kynges maiestye, The said sir John Seynt John at a cowrt holden in his name at Eypton aforesaid vpon commynycacion hadd betwext one Thomas flitzhewghe ' gentleman at that tyme Steward of the said cowrte and other the tenauntes of the said mannur of Eypton dynerse of the said tenauntes disclosed vnto liym ho^Ye that the moste parte of the coppie holldes within the said maniir dyd begyn but within the space of theis xx*' yeres past."- Whereuppon the said Thomas ffitzhewghe advised them to sewe vnto the said sir John Seynt John and to relynquyshe their coppie holldes beynge all way es voydable in the laws at the wyll of the ^ lord and to take their flfermes by Indenture for terme of yeres. Whereunto the moste parte of the said tenauntes wer verye agreable and aceordenglie vppon their sewte the said sir John Seynt John dyd lett vnto asmanye of the tenauntes as dyd repayre vnto hym which wer vnto the nombre of xij or xiij perscnes their seuerall ffermes by Indenture for the terme of xP'^ yeres. And the said AYilliam Stokeley one of the said complaynauntes and all the residewe of the said ffermers, except the residewe of the said complaynauntes have in lyke mannur surrendred and yelded vpp their coppie holdes vnto the said sir John Seynt John and submytted them sellfes to stand to his ordre desyrenge to take the same by Indenture for terme of yeres. And forasmoche as the said com- playnauntes pretendyd to holde their coppieholdes by myght and strengthe and to waste and spoyle their coppie holdes And to cutt downe suche wood and trees as wer and be growynge vpon the same ^ have not onely stubbernely and Ifrowardlye refused to agree to the same resonable ordre and ffascion that the Eesidewe of the said tenauntez have done but also have labored procured and done asmoche as in them is to cause the Eesidewe of the tenauntez there and their neibors to relynquyshe their said resonable agrementes. And have procured one commen purse to be ordeyned to geyther one common stock to thentent obstynatlye to defend their peruerse and ffroward appetitez And to enioye their voyde coppie hohdes maugre of the lordes hedd Therefore the said sir John Seynt John percey- venge the vntrewthe and obstynatye of the said complaynauntez entered in to the coppie holdes of the said complaynauntez beynge
' Commissioner for gaol delivery for Bev.' viii. 688, and ' Trans, of the Eoyal
Hunts, 1538. S. P. Dom. H. S, L. & P. Hist. Soc' 1892, pp. 219-221.
xiii. i. 190, .34. ^ For the law of Waste as affecting copy-
- Cp. 2 ct 3 E. 0, c. 12. holds at this period, see • Trans. Eoyal Hist.
^ For a discussion of this see ' Eng. Hist. Soc' 1893, pp. 128-130.
COURT OF REQUESTS 69
voyde by the ordre of the lawes of this Reallme.' And vpon one Regresse made therinto by the said complaynauntes the said sir John Seynt John pursewed one Aceion of trespas agaynst the said com- playnauntez at the kynges commen lawes as laufull yt was for hym to do. And after suche tyme as the said Manur was appoynted vnto the said defendant and vnto Agnes his wiffe^ for the preferment of her Joyntor by his said ffather, The said defendant perceyvenge the said complaynauntez to contynewe in their obstynatye and peruerse mynd discharged the said complaynauntes from their occupacion of their seuerall ffermes beynge but his tenauntez at wyll.^ And vpon the regresse of the said complaynauntez the said defendant hath pursewed one Aceion of trespas agaynst them at the kynges commen lawe as lawfull it was and ys for hym to do. Without that the said com- playnauntez or any of them or any other whose estate they or any of them pretendethe to haue in their said seuerall ffermes haue holden their said seuerall ffermes by coppie of cowrte rolle tyme owte of mynd ' as in the said byll of complaynt is vntrewlye alleged. And withowt that that any other thynge conteyned in the said byll of complaynt materyall to be answered vnto And in this answer not suffycyentlye trauersed or confessed and avoyded is true. All whiche matters the said defendant is reddye to averr and prove as this honorable court shah award. And prayethe to be dismyssed owte thereof with his resonable costes and damages for his wrongfull vexacion susteyned in this behalf.'
T[este] F. Mokgan.-*
c. ' The replicacion of Simon Kent and others of the ten-
aunt:s and inhabitantes of the lordshipe callide Abbottes Eipton to the answere of Oliuer Seynt John squyer.'
' The seid compleynauntes seyn and euery of them saithe that ther seid bill of compleynt is trewe and sufficient in the lawe to be answeride vnto and the matere therin conteynede nat deviside for eny suche intente or purpose as in the seid answere vntrulye is surmysede.
' Cp. 2 & 3 E. 6, c. 12. Eev.' viii. 688, and ' Trans, of the Eoyal
^ Daughter of John Fisher, Esq.,and grand- Hist. Soc' 1892, pp. 219-221.
daughter and heir of Sir Michael Fisher to ^ Francis Morgan of Kingsthorpe, North -
large estates in Bedfordshire. Born 1526. ants, and of the Middle Temple ; ser-
Brydges, ColUns's ' Peerage,' vi. 741. jeant-at-law, 1555; justice of the Q. B.,
^ For a discussion of this see ' Eng.Hist. 1558 ; d. Aug. 19, 1558. Foss's 'Lives,' v.
385.
70 COURT OF REQUESTS
And further aueritli all and euery thinge and tliinges in their seid bill of complaynte to be good and true and that the seide answere is vntrue vncertejni and insufficiente in the laws to be repliede vnto Neuerthelesse the advauntage therof to them and euery of them savide sayen and euery of them seith that the seide complaynauntes and their Auncestores and all they whois estate they haue in the premisses tyme out of mynde haue peasablie vside and accustomyde to haue holde oceupye and inio3^e the same seuerallie by copie of courte roll to them or their heires in fee simple fee taile for terme of liffe or lyves or yeres at the will of the lorde of the same premissez for the tyme beinge in manere and forme as in their seid bill of com- pleynte is ahegide and that the seid sir John Seynt John synz his entre in to the seid lordshipe of Abbot Eipton haith gotten in to his handes and possession dj'uerse of the seid copiez of courte roll and haith made djaierse and seuerall leases of the premisses by indenture and therof hath greatlie enhauncide the rentes to the greate ympouersh- ing of the seid tenauntes and wold compell the seid compleynauntes and also dj' uerse of the tenauntes of the seid lordshipe to take ther fermys and tenementes with their appurtenaunces by like lease in maner and forme as in their seid bill of complaynt is compryside. Without that that dyuerse of the seid tenauntes discloside vnto the said Stuarde that the most parte of the said copie holdes dide begynne but within the space of xx*' yeres than last past or that the most parte of the seid tenauntes ware agreable to relmquysh their seid copiez and to take the premissez by indenture otherwyse than by for is reherside, or that the seid Stocley, one of the seid com- pleynauntes or any other of the seid compleynauntes euer surrenderid or gave vpe their seide copie holdes to the seid sir John Seynt John in maner and forme as in the answere is allegide. And yf they dide as they dide not to the knowlege of the compleynauntes yet it is not materiall to the seid compleynauntes for asmuch as euery copie holdere may surrendere his copie holde at his pleasure. Without that the seid compleynauntes pretendide to holde ther seid copie holdes by myght and streynght or to wast or spoyll the same or to cutt down any wood or treez growing vpon the premissez or any parcel! therof otherwise than laufull was and ys for them to doo or haue procuride the residue of the tenauntes their and their neigh- boures to relinquyshe their seid agrement or procuride any common pursse for such entent or purposse as in the seid answere vntrulie is mencionyde and without that that eny other thhig in the seid answere compryside other than in this repheacion is confcsside denyed^; or
COURT OF REQUESTS -71
trauersede is true all which materes the seid compleynauntes are redy to aiier and prove as this honorable court shall awarde and prayen as they before haue preid.'
D. By the King . . . '
* Trusty and welbiloued we grete you well and by the contynue of a certeyn byll of complaynte with thanswere and Eeplicacyon therunto annexed whiche we send vnto you herein conteyned ye maye perceyue a matier in sute and varyaunce apendynge afore Vs and our counseile bytwene one Symon Kent and other playntiffes ayenst John Seynt John knight and Olyuer Seynt John defendauntes w4iervpon we confiynge in your approued wisdoroes and indifferences for the due administracyon of Justice woll and desire you that by aucthoritie herof callinge afore you in our name the said parties with their witnesses ye doo groundely examyne the verite and truthe of the matier accordynge to the custome of the manour with all the articles and circumstances of the same endevorynge you therupon fynally to ordre and determyne the same yf ye can and if throughe thobstynacye of eytlier of the said parties ye cannot convenyently so doo Then we woll ye doo certifye vnto our said Counsaile by your writinges sealid in the White Hall at Westminster in the quindecym of Easter next commynge ^ the veraye truthe and playnes of the matier like as ye shall fynde by your said examynacyons yevinge Iniunccyon in our name to euery of the said parties to bee and personally appere afore our said Counsaile at the same deye vpon peyne of c li. To thentent we by thaduise of our said Counsaile maye farther doo therin as to righte and good justice shall apperteyne Not faillinge herof as ye tendre our pleasure and the preferment of justyce. Yeuen vndre our priue Seale at our Palois of Westminster the first daye of February the xxxv"" yere of our Eeigne.' ^
Endorsed. Tenentes do Abbottes Rypton
The Execucyon of this Comission aj)pereth in these scedulles her vnto annexyd.
' MS. illegible. ' April 27, 1544. ' 1544.
COURT OF REQUESTS
E.' Interrogatories for witnesse to be examynede on the partie
of Simon Kent and other agaynst Sir John Seynt John knyght and other.
i. Inprimis Wether the tenentes and inhabitance of Abbot Eipton within the countie of hunt haue tyme out of mynde vside to haue ther seueraU holdes by copie of courte roll to them and to their heires in fee simple for terme of j^eres or hffe according to the custome of the manere aforseid.
ii. Item Wether the seid tenauntes or any of them were euer vexide or troubHde for ther seid copie holde landes duryng the tyme the seid manere was in the handes of our soueraigne lorde the king.
iii. Item Wether any of the copie holders of the said manere haue surrenderide ther copie hold landes to the said sir John Seynt John or to Oliuer Seynt John his sonne yf they haue Wether they dide it frelie or by compulcion or for what consideracion they surrenderide it and how many of the tenauntes have surrenderide ther seid copie holde and what are ther namez that haue surrenderide.
iiij. Item Wether the seid sir John Sejant John or the seid Oliuer haue enhauncide the rentes of the seid manere synce it came to ther handes and yf they or eny of them haue to what value.
V. Item wether the seid sir John Seynt John or the seid Oliuer haue enteride on the landes of eny of the seid copie holderes and yf they or any of them haue vpon which of the tenauntes landes and wether they enteride peasablie or with force.
vj. Item wether the seid sir John Seynt John or the seid Oliuer or any of them have taken or destroyde the heye corn or gresse of eny of the tenauntes of the seid manere and yf they or eny of them haue whois and what it is they haue taken or distroyde or to what value.
vij. Item wether the seid sir John Seynt John or the said Oliuer haue vexide or suede the said tenauntes or eny of them for ther seid copie holde landes synce it cam to ther handes. Yf they or eny of them haue by how many seuerall accions and in what courte.
viij. Item wether the tenauntes of the seid manere may laufullie fell the timbre and other wood on ther copie holde landes growing.
ix. Item whether the seid sir John Seynt John or the seid Oliuer
' There is a duplicate of these interro- items, on which they there gave evidence, gatories with the names of the witnesses It is endorsed ' Mr. John Sewster ' (see in document F. written after the respective p. 87, n. 2).
COURT OF REQUESTS 73
or eny of them or eny other in ther name or by their procm'ment or by the procurement of his or ther bayleve haue compeUide eny of the tenauntes to geue vp ther copies and yf they haue how many of the tenauntes and what were ther names.
F. ' The deposicyons of certeyn wytnessys takyn at Abbottes
Kypton within the Countye of Hunt[ingdon] byfore Thomas Hutton^ and Thomas HalP Esquyers the xvij*'' daye of Apr ill the yere of the reign of our soueraign lord Henry the Eight by the grace of god kyng of England firance & Irland defendour of the ffayth & in Erth of the Churche of England & also of Irland supreme head the ffyve & thryttye ^ by vertue of a Commission to theym direct from the Kynges maiestye for the parte of Simon Kent & other complaynauntes.'
John Pakey of Old Hurst Clerk of the age of Ixxv yeres sworn e & examyned vpon his oyth sayth that he hayth knowen the manour of Abbot Rypton by the space of ffyftye yeres and that he was Eydyng Steward of the landes that belonged to the layt monasterye of Eamesey and many tymes by reason therof he was present with the Steward that keapt courtes asweall in this shyre of Hunt[ingdon] as Bedford Shyre Hertforth Shyre & other "VVher as any landes belongyd to the said monasterye And therupon examyned of the ffyrst article & In- terrogatorye directtly sayth, That he knewe that the comen vsage & custome was ther at that tyme that some & maney of the tenauntes of Rypton tooke dyuers landes, videlicet, thayr holdes by copye of Court Rolle some for terme of lyff some for terme of yeres and some to thaym and to thayr heyres & assignes and payd thayr ffynes renttes & other customes as yt was agreyd betwj'n the lord & tenaunt and thervpon occupyed thayr landes accordyngly. And all suche wood as greywe vpon thayr copy holdes they dyd & myght ffell & haue thaym without lett or interupcion of the Abbot or of his Offycers. And to the ij"^*" Article he sayth that he neuer knewe any man trobelyd for thayr copye hold land in Rypton, nether whyles the manour was in the Kynges maiestyes handes nor whyles yt was in the Abbottes handes.
To the iij'^'' iiij*'' v'^ vj"' vij"' viij'^' & ix*'' articles this deponent can nothyng saye of his own knowleage.
Wylliam Sylke of Benwyke in the countye of Cantebr[idge] clerk being of the age of Ix yeres it more sayth that he was rydyng Steward
' See p. 77, n. 1. = Sec p. 77, n. 2. » i54^_
74 COURT OF REQUESTS
of Ramsey by the space of xvj yeres sworn & examyned vpon his oythe sayth to the ffyrst article of Interrogatoryes as the ffyrst deponent hayth said concernyng tlje holdyng & takyng of copy hold landes. And moreouer he sayth that he hayth seayn bokkes and recordes maid in Kynge Edward dayes the thyrde at siiche tyme as Shedyngton,' Biitterwyk & Stowe wer abbottes of Ramesey ^ that the tenementes & land in Rypton byforesaid wer lettj^n by copye of Court Rolle as is byforesaid & deposyd.
To the second article he sayth as the ffyrst deponent hayth said and to all the other articles he can nothyng saye.
Richard Button of Sterile Gyddyng in the said Countye of hunt gent, of the age of ffyftye yeres sworn & examined to the ifyrst Interogatorye sayth that he was audytour & clerk of the Courtes at Ramesey and the landes & tenementes in Rypton not being no parcell of the demeans hayth beyn lettyn by copye of Court Rolle to the tenauntes far terme of yerys and in his tyme about xiij or xiiij ^ yeres sythens he knewe certayn of the copye holders ther that theye dyd renewe thayi* copyes viz. wher they wer maid to thaym for terme of yeres they re](iewyd thaym to be maid to thaym & to thayr heyres & assignes for eiier after the custome. And ffurther he sayth that ther was a blak Bokk of the Regester callyd a Garseyn * Bokk & in that Bokk is regestryd & enteryd maney copyes that belongyd to the said Monasterj'e of Ramsey To all the other Articles the said dej)onent can nothyng say.
Maister John ffaunt of Burwell in the Countye of Cant[ebridge] clerk of the age of xlj yeres sworn & examyned sayth to the ffjrst article that he hayth knowyn for hys tyme landes letten by copie hold in Rypton after dyuers sortes & costomes as the ffyrst deponent hayth said and he saith he hayth sean dyuers old Bokkes from the dayes & reign of kyng Richard the second & so hetherto Bokkes wherin was regestryd dyuers copye hold land lying in Rypton byforesaid & in other places wher the Abbot hadd landes and some for terme of lyffe, some for terme of yeres & some to thaym & to thayr heyres Which Bokkes wer callyd the Bokkes of Garseyns ^ & ffynes to the which Bokkes this deponent hadd accesse & hadd thaym in his keapyng
' In Dugd. 'Mon.' ii. 5o0 the name is given formulis et locationum chartis hfrc aut
as Shenyngton, and that this is correct similia verba pro more inserta : Pro tot
appears from the PatentRoll giving theroyal solidis vel tot libris in Gersumam sohitis vel
assent (28 July 1349) to his election. See traditis.' Du Cange, ed. L. Favre (Niort,
'Cartul. Monast. de Eamseia ' (1893), iii. 197. 1885), sub ' Gersuma.' In the ISth century
- See p. 88, n. 2. ^ I.e. 1531 or 1530. the form ' garsum ' is found ; see F. H. Strat-
'' From gerstmia, used in English medi- mann, ' Middle English Diet.' (ed. PI, Erad-
aeval law for ' fine : ' ' unde in venditionum ley, Oxford, 1891) sub ' Gsersuma.'
COURT OF REQUESTS 75
by reason he was rydyng Steward of the landes belongyng to Bamesey.
And to the other Articles this deponent can nothyng saye, But to the viij"^ article concernyng ffellyng of woodes he sayth that the tenauntes by copye ther wer accostomyd in his tyme to kytt ffell & sell wood growyng vpon thayr Copye holdes to thayr own vse without any interrupcyon.
John Martyn of Saynct Ives husbandman of the age of xlvij yeres sworn & examyned vpon his oyth he being Baylif of Eypton xv yeres sythens by the space of vij yeres ' sayth that all the tenementes in Eypton & Wenyngton ^ savyng iij or iiij tenementes wer lettyn by Copye to the tenauntes after dyuers sortes as is by foresaid.
And to the viij*^'' article this deponent sayth that the Copye holders dyd kytt ffell & sell the tymbre & wood growyng vpon thayr copye hold land so that they dyd & shold imploye the said wood or somuch other tymbre or wood vpon the buyldynges of his or thaj'r own houses.
Thomas Danyell of Lytle Eaveley husbandman of the age of Ixviij yeres sworn & examyned sayth to the ffyrst article that for the tyme & space of XX*' yeres last past ther hayth beyn accostomeably landes lettyn to the tenauntes of Eypton by copye hold as is byforesaid and byfore that tyme some was lettyn by copye & some not as this deponent sayth.
And to the seconde article he sayth ther was noo interrupcyon in the kynges tyme nor in the Abbottes tyme neyther for thayr holdes ne for thayr woodes and to all the other Articles he canne nothyng saye.
Eobert Danyell of the age of Ixij yeres sworn & examyned sayth that he hayth knowen dyuers copye holdes in Eypton viz. xl yeres sythens & more as John Pell John Byrt of the Greyn & other many moo & some he hath knowen to hold at wyll.
To the second article this deponent sayth that in harvest last he sawe oon William Smyth Baylyf of Eypton and Wyiliam Andrewe houshold seruaunt to Sir John saynt John knyght loodyng of Wyiliam Stokeleys corn that grewe vpon his copye hold land and intendyd to cary yt awaye and ther vpon come Stokeley & his wyffe & sonne with hym & seing thaym lodyng his corne sayd they shold cary no come of his of of that ground & pullyd of the Sheyffes of Barley of the carte sweryng a great oj^the that he wold rather dye than they shold carye any corne of of that ground and so by persuasion of sir John Danyell
' I.e. 1522-29. '^ A hamlet in the parish of Kipton.
76 COURT OF REQUESTS
chapla}'!! the said Andrewe said, Smyth we wyll goo hens for I se weall I cannot ffulfyll my maisters commanndment onles murder shold ense^ye which I wyll not doo lett my maister doo with me what he wyll.
Item to the Interrogatorye concernyng compulsion & threttes hy sir John Seynt John his offycers & seruauntes as by his Steward, master Spenser requj'ryd the tenauntes to delyuer in such copyes as they hadd orelles bidd th'djm avoyde out of the Court for the ^ shold here noyne of the secrettes of this Court without they wyll so doo, and that they shold sawe thayr land but they shold not mawe yt with maney other thretyng and vnfyttyng wordes.
John Walgayt of Eaveley of the age of Ivi j^eres sworn & examyned sayth that he was present at Eypton when sn- John Say net John sent ij of his seruauntes whos name this deponent knowyth not and dis- chargyd WyUiam Stokeley from aryng ^ of parte of his copye hold land lying in the Est ffeld and this was doyn by the commandment of sir John Saynt John thayr maister as the said seruaunt said.
And Thomas Danyell byfore sworn deposyth the same.
Wylliam ffolbeck of Eypton of the age of Ixviij yers sworn & examyned sayth that he hayth knowen dyuers copyes takyn within this xxij ^ yeres bat as for elder copyes he knewe but iij or iiij. And as for the compulsion he sayth as Eobert Danyell hayth said in all thynges.
Wylliam Lucey of Eypton of the age of ffyftye yerys and Wylliam Yong of the age of xx\^' sworn and examyned sayth that the Bayliff of sir John Saynt John arestyd certayn pease of Wylliam Baksters and afterward by indifferent persones they wer layd in an indifferent place to such tyme as the partyes myght be agreyd but after that the said Baylyf causyd the same pease to be tressyd & sold parte of thaym viz, a bushell or ther about.
They * said Wylliam Lucey & Wylliam Yonge * sayth that the said William Bakster maid & cokkyd certayn haye vpon his own ground and after that the said Smyth being baylyff to maister Saynt John caryed yt away agayn right & conscience.
The Whiche all and singuler the premisses Wee the aboue namyd Thomas Hutton & Thomas Hall Esquyers the kynges maiestyes com- missioners certyfyeth to the Kynges honorable Counsell of his
' Sic. 3 J g gingg 3^522,
' Earing, i.e. ploughing. Sec Ilalliwcll, s.v. ■• Interlined.
COURT OF REQUESTS 77
maiestyes Court holden in the Whyt Hall at Westminster, Yevyn vndre our sealles & subscribed with our handes accordyngly.
(Signed) Thomas Hutton.'
Thomas Hall.^
G. ' The deposycions of certayn wytnessys takyn at Abbottes
Eypton within the countye of Hunt[ingdon] byfore Thomas Hutton and Thomas Hall esquyers the xvij"' daye of Aprill the yere of the reign of our soueraigne lord Henry the Eight by the grace of God kyng of England ffrance & Ir- land defendour of the ffayth and in Erthe of the Churche of England & also of Irland supreme head the ffyve and thryttye ^ by vertue of a commission to thaym direct from the kynges maiestye for the parte of Syr John Saynt John knyght & Olyuer Seynt John esquyer defendauntes.'
Wylliam Byrde of Abbot Eypton byforesaid of the age of iiij'''' yeres sworn & examyned vpon his oyth sayth to the ffyrst Article that he hayth maid his abode in Eypton by the space of xxx yeres and about xxiiij"' yeres sythens * a certayn woman callyd mother Greyn desyryde this deponent to haue his councell howe she myght doo to renewe hir old copie that she hadd of the abbot of Eamsey and he said he
' Thomas Hutton, in the commission of for the county (ib. 142 [38], etc.). He
the peace for Cambridgeshire in 1524, and appears to have taken part in the visitation
frequently afterwards (S. P. Dom. H. 8, iv. of the nunnery of Hinchinbrook in Dec.
137, 10, etc.), and a commissioner to collect 1535 (ib. ix. 1009). He was soon afterwards
the subsidy for the same county in 1524 appointed Eeceiver to the king in Lin-
(ib. p. 237) ; a commissioner to make an colnshire (ib. xii. i. 676). He is frequently
inquisition post mortem in 1527 (ib. 3324, styled Dr. Hall, but I cannot find either
6). He is entered as liable for a fine for from Wood ( ' Ath. Oxon.' ), Cooper (' Ath.
knighthood in 1536, in the style of Thomas Cantab.') or Boase ('liegistrum Univ. Oxon.')
Hutton of Dry Drayton, Cambs. (ib. x. thathe took a degree at either of the English
1257, X.). The fine appears to have been Universities. In 1538 he was made the
incurred by his refusal of the honour, for King's Eeceiver-General of the possessions of
his name is subsequently recorded without the rebels attainted for the late rebellion in
the title (ib. xii. 1150 [22], &c.). He served Lincolnshire, Notts, and Rutland (ib. xiii.
as High Sheriff of Cambs. and Hunts in i. 1115, 9). He obtained a grant of some
1538-39 (ib. xiii. ii. 967, 26), was commis- of the lands of Haverholme Priory, Lin-
sioner of gaol delivery for Ely 6 Feb. (ib. xv. colnshire, in 1538 (ib. xiv. i. 1355, p. 608),
281. [22]) and for Cambridge Town 9 June, and was put on the commission of the
1540 (ib. 831, 29). He presumably died peace for the Parts of Kesteven in 1539
before 1547, as his name is not to be found (ib. ii. 619, 11). On 12 June, 1540, he
among the Domestic State Papers of that received a grant of land in Lincolnshire
date, and those for 1541-47 have not yet (ib. xv. 1032,26) and was a commissioner of
been published. assize for Lincolnshire (Kesteven) on the
- Thomas Hall was a commissioner of 2nd July of the same year (ib. 942, 12, cp.
sewers for Hunts in 1534 (ib. vii. 1026, 34), 282, 6). His name does not aj^pear among
and an active magistrate, enjoying the the Domestic State Papers of Edward 6.
confidence of Cromwell (ib. viii. 450, xii. i. ^ 1544.
692), being in the commission of the peace * 1520
78 COURT OF REQUESTS
wold aske coiincell of other copye holders & she said that she knewe no moo copyes m this town but that of hyrs oonly and this deponent knewe noo moo copye holders at that tyme. And ffiirther after that tyme the Abbot sent his offycers to keap court at Eypton and at that tyme the offycers persuadyd the tenauntes to take thayr holdes by copye of Court Kolle or Elles the abbot shold make other prouision for the said land and more this deponent cannot saye.
Eobert Boston of Eypton of the age of iiij'''' yeres sworn & examynyd sayth that about xxiiij'' yeres sythens ' at which time he came ffyrst to Eypton he knewe but as William Byrde hayth deposyd concernyng mother Greyn copye. But he sayth that Simon Kent bought his copye about xiiij ^ sythens ^ vpon oon Stowke and william Bakester bought his copye about v yeres sythens.'* And to the seconde Article he can nothyng say.
Thomas Gostlyn of Eypton of the age of Iv yeres sworn & exQ,mjnyd sayth that he tooke a copye about xiiij or xv '' yeres sythens and held the said land by the space of of '• iij yers byfore he tooke yt by copye which copye he surrenderyd vnto the handes of sir John Saynt John and he knowyth of no moo copyes and as concernyng Simon Rentes copye he sayth as Boston hath deposyd.
Thomas Bell of Eypton of the age of Ix yeres sworn & examyned who hayth beyn in this parishe of Eypton by the space of xl yeres and he neuer knewe no moo copyes in Eypton at that tyme he came thether,^ but mother Greyns copye layt wyff to Wylliam Pell. But within this xvj yere^ he hayth knowen many moo copyes to haue beyn takyn of the lord of Eypton and this deponent took oon copy hym self to hym & his heyres which he surrenderyd to the Baylyf to the vse of the lorde at the desyre of the Baylyff rather then then "^ he wold goo to the lawe with the lorde & therevpon he delyueryd his said copye whervpon the lord promysed hym a leasse by his Baylyf of his said copye hold land and as concernyng Simon Rentes copy hold he sayth as the other deponentes hayth said.
Thomas Bulleyn of Eypton husbandman of the age of Ixij yeres sworn & examyned sayth that he haith beyn at Eypton by the space of ffyftye yeres and at that tyme ^ he knewe but v copye holdes in Eypton viz. John Pell, Wylliam Adam, Eichard Weston, Eichard Plume & John Lyndsey which wer maid long sythens But within this
I 1520. * Sic, repeated in MS.
" Sic, ' yeres ' omitted. ' 1504.
3 1530. * J539. " I.e. since 1528.
' 1530 or 1529. ' 1494.
COURT OF REQUESTS
xx«
and this deponent hadd ij copyes hym self oon of x s. rent by yere & the other of xxxv s. rent by yere which ij copyes the Baylyf persuadyd this deponent to delyuer to the lordes vse or elles he wold not haue receyvyd his rent and therfore this deponent thrwe- or kast the said copyes to the Baylyf & badd hym take thaym & the Devyll withall.
Item he sayth that the copye holders haue always kytt down woodes growyng vpon thayr copy holdes without interrupcyon & caryed away the same wood & inyoyd yt to thayr awn vse.
John Bagley of Wellyngton^ of the age of liiij yeres sworn & examynyd sayth he neuer knewe no copyes but within this xx*' yeres ' savyng Belles copy and Adams copye.
John Adleyn of Bypton of the age of xlvij yeres sworn & examynyd sayth that he hayth knowen that ther hayth beyn copye holders in Bypton by the space of xl yeres'' and within this xx" yeres verey maney copye holdes letten.
Item to the seconde article he sayth he neuer knewe no men troblyd nor interuptyd of thayr copye holdes nor for thar Vv'ood but nowe of layt sythens the manour of Bypton came to the handes & possession of sir John saynt John.
Item to the iij'^'' article he sayth that maney were compellyd to surrender & gyve vp thayr copyes by threttcs & manj^shynges of sir John Saynt Johnes offycers for they wer threttynyd that yf they sewe theye shold not mawe thayr grayn.
Item to the iiij"' article he sayth that dyuers Eenttes be inhawnsyd some to xl d. some to v s. some to xiij s. iiij d. & some more or lesse, but what value yt amountyth to in the hoille he knowyth not.
Item to the v*'' article he sayth that the seruauntes of sir John Saynt John dyd dryve Stokeleys horse & his seruaunt of & from Wylliam Stokeley ''' land but that the said Stokeley dyd regresse agayn to the same landes & occupye the said landea for the which Olyuer Seynt John Esquyer hayth Stokeley in sewt at this present tyme.
Item to the vj article he sayth that sir John saynt John his seruauntes dyd tedre & stayk thar horses vpon vj hawyns^ of Stokeleys being his seuerall copye hold groundes and distroyd the grasse growyng vpon the same.
Wylliam Betryche of Bypton of the age of Ij yeres or ther about &
|
' Since 1524. |
* I.e. since 1504. |
" Hawyn, |
to have. |
' Arch.' XXX. 408. |
|
- Sic, i.e. threw. |
' Sic. |
Halliwell's ' |
' Diet.' s.v. |
Here apparently |
|
^ Query Ellington. |
' holdings.' |
80 COURT OF REQUESTS
bayth dwelt in Rypton by tbe space of xviij yeres & knewe many copye holdes takyn in tbat time.
To tbe second article be neuer Imewe no interrupcyon of tbe copy boldes in Rypton but nowe in sir Jobn Saynt Jobn ' tyme, and be saytb tbat dyuers of tbe tenauntes baytb gevyn vp tbeayr copyes but tbe nombre be knowytb not.
Robert Quene of Rypton of tbe age of xlv yeres s^Yorn and examyned saytb tbat be knewe dyuers copy boldes as Pelles and Yonges, about xxx" yeres sytbens^ and be baytb knowen dyuers copyes takyn witbin tbis xx yeres.^
Item be saytb tbat Wylliam Stokeley, Wylliam Lucey, Wylliam ffolbeck, Jobn Brown, Jobn Jordayn, Jobn Read, Wylliam Otey, Laurance Carter, Jobn Gostlyn in tbe name of Tbomas Bell, Wylliam Tomkyn, William Betrycbe, Edmond Tomkyn, Robert Queyn, Jobn Hygden, Wylliam Tame, Tbomas Bulleyn & otber dyd surrendre tbayr copyes vpon tbis consideracyon tbat sir Jobn Saynt Jobn dyd promyse tbaym to make tbaym leasses by Indentur yf tbey wold take tbaym for tbe terme of xl yeres.
Item to tbe iiij*'' article be saytb be paitb more rent by xij d. in tbe rent of xxx s. for tbat be badd ratber paye xij d. more rent yerely tban to pay a great ffynne and to all tbe otber articles be can notbyng saye.
Tbe Wbycbe all and singler tbe premisses Wee tbe aboue namyd Tbomas Hutton & Tbomas Hall Esquyers tbe kynges maiestyes Commyssioners certyfyetb to tbe Kynges bonorable Counsell of bis maiestyes Court bolden in tbe Wbyt Hall at Westminster Yevynvndre our sealles & subscribed witb our bandes accordyngly.
(Sir/ned) Thomas Hutton.
Thomas Hall.
H. Deposicions takyn at Westminster tbe xxiij daye of Janu-
arie a" Regis xxXvj* H. viij.'* on tbe bebalf of Symond Kent & otbers ageynst Sir Jobn Saynt Jobn knigbt & otbers,
' William Warwyck of Vpwood in tbe countie of Huntyngton busbondman of tbe age of Ixiiij yeres or tbere abowtes sworen vpon bis otbe saytb tbat be was borne in Abbotes Rypton & dwellyd tbere all bis lyff tyme tyll yt was witbe in tbis fyve yeres. And bis ffatber
> Sic. * 1514.
3 Since 1.524. ■* 1545.
COURT OF REQLTESTS 81
dwellyd in the same towne Ixvj yercs. And saythe that the Abhottes of Eamsey dyd alwayes graunte forthe copies to dyuerse of his tenauntes to theym & to theire heyres for ever after the custome of the manour, wherof this deponentes mothers fi'ather callyd John Wodkocke had one. And one Wilham lynsey of Abbotes Eypton had another. And John hys sone enioyed yt after his deathe & the said John solde his copye to one Nicholas Aberye which was clercke of the same towne. And this deponent rememberythe that dyuerse other had copyes to theym & theyr heyres for ever after the custom of the Manour as the Westons, Plonies, and of the Styles, with manve others. And further saythe that nowe in his tyme the Abbott did graunte copies to one William Adams & another to one John Pelle, & to their heyres after the custome of the manour. And after that there came plentie of tenauntes and then they were dryven to take copies of the Abbot for feare of puttyng forthe. And further examined saithe that he hathe hard hys father saye, that before the batayle whiche was callyd Ester Daye ffeld, all the tenauntes of Abbottes Eypton were copie holders & held of the Abbot of Eamsey. And the Northen men laye there so long before the ffelde was ffowghten that they impoveryshed the countrey.' And the tenauntes were fayne to yeld vp theyre copye holdes, for that they were not hable to repayre theym.^ And then came other tenauntes & occupyed theym as tenauntes at wyll & they had the Eentes abatyd. And ffurther saythe that duryng the tyme that the landes were in the kinges maiesties handes the tenauntes were never vext nor trowbelyd. And sythens the tyme that the landes came to Sir John Saynt Johns handes, the said Sir John Saynt John hathe raysed the Eentes of as many of theym as hathe takyn theyr landes by lease of hym, and will not suffer the tenauntes to ffell & enioye the woodes & trees abowte theyre yardes, and theyr woodes in the comen hethe, whiche this deponent hathe alwayes knowen to be comen to the tenauntes, And never denyed theym by anny officer tyll nowe. And further saythe that he hathe knowen his ffather & dyuerse other of the tenauntes, that hathe feld some yeres xx*^' lodys of wood a pece of theym in the comyn hethe, and solde yt to whome that would bye ytt & he that woulde
' The battle of Barnet was fought on and commyng fast on Southward accom-
Easter Day, 1471. The term ' Northern panyed with Flemynges, Esterhnges and
men ' is explained by a letter from Ed. Danes, not exceeding the nombre of all
Earl of Warwick to Hy. Vernon on March that he ever hath of ij ml. persones, nor
25, 14:71. ' In asmoche as yonder man the centre as he commeth nothing falling
Edward, the kinges oure sovcrain lord grot to him,' &c. MSS. D. of llutland ; Hist.
ennemy rebelle and traitour, is now late MSS. Comm. xii. ; Kep. pt. iv. p. 8. arrived in the north parties of this land - See p. 08, n. 4, supra.
(i
82 COURT OF REQUESTS
paye for the ffellynge shuld haue yt & tliey were never denyed nor rebiikyd for theyr so doynge. And ffurther he knowithe not as he sayth.'
(Signed idth a mark.)
I. To the kjnge our Soueraigne Lorde.
In moste humble ' shewethe and complajmethe vnto your moste noble and Abundaunte grace your dayly oratour Olyver Seynt John Esquyer Sonne and heyre apparaunt of sir John Seynt John knyght That wheare as Symon Kent William Byrde Thomas Yonge Wylliam Baxter Thomas Roger and Wylliam Stokeley of Abbottes Eyppton in the Countie of Huntyngton tenauntes to your said Oratour exibited a b3'll of comi)leynt vnto your moste noble grace pretendinge that your said Oratour shulde wrongefullye putt them owt of their pretensede coppye holdes in Abbottes Eyppton afforsaid contrarye to your Gracis lawes and the custome of the said mannour there Whereunto your said Oratour made answer and they haue replyed vnto the same and a commyssyon was awardede thereuppon to certen gentylmen in the said countie of Huntj^ngton to examyne certen Interrogatories annexed to the same, So itt is moste gracious Soueraigne Lorde that the matter thus dependinge vndetermynede before your honorable Councell the said Symon Kent Wylliam Byrde Thomas Pioger William Folbeck and William Yonge and other by their commaundement of their frawerde and perverse mynde in contempte of your said lawes haue at seuerall tj-mes cutt downe dyuerse trees of asshe and wyche growinge within and vppon the said mannour of Abbottes Ptyppton to the number of iiij-'''' trees and above to the greate hurte and dyshen- herytaunce of your said Oratour and to the evyll and perilous Example of other lyke offendours yf the same shulde not be con- dynglye punysshede and redressed. In consideracon whereof it maye please ^your Highnes of ^ your moste noble and abundaunte grace to grawnte your gracis letters vnder your gracis pryvey seale to be dyrected ^iito the said Symon Kent William Byrde Thomas Pioger "Wylliam Folbeck and Wilham Yonge enioynenge them by the same that they shall nott fromhensforthe cutt downe or cause to be cutte downe any trees growinge vppon the premisses vntyll suche tyme as the matter maye be further herde and determynede by your gracis councell, And further commaundynge them by the same personallie to appere before your moste noble grace or 3'our most honorable
' Sic, ' wise ' omitted. ^ The words ' your Highnes of ' struck through.
COURT OF REQUESTS 83
coimcell at a certen daye and vnder a certcn payne therein to be conteynede than and there to make answer vnto the contempt affor- said, and to abyde suche further order and dyreccon concernynge the same as by your moste gracious councell shall be thawght to stande with ryght and conscience. And your said oratour shall dayly praye to God for the preseruacon of your moste noble grace longe to prospere and contynewe.
F. Morgan. •
. . .^ Eypton in the County of
Imprimis what nombre of trees the said Simon Kent hathe fellede or cutt downe within the manor of Abbottes Eypton aforsaid syns the xxviij*'^ daye of Januarie in the xxxv* yere of the Eaigne of our Soueraigne Lords Henry the viij*^ ^ by the grace of God kynge of Englande Fraunce and Irelande defendour of the faithe and in Erthe of the churche of England and Jrelande the supreme hedd, and in what place the said trees dyd growe.
Item of what age and valewe the said trees so fellede or cutt downe were of and after what manner the said Simon dyd occupie or bestowe the said trees.
Item what nombre of trees the said William Byrde hathe fellede or cutt downe within the manner of Abbottes Eypton aforsaid syns the said xxviij* daye of Januarie in the said xxxv* yere of the raigne of our said Soueraigne Lorde kynge Henry the viij"' and in what place the said trees dyd growe.
ij. Item of what age and valewe the said trees so fellede or cutt downe were of and after what manner the said William dyd occupie or bestowe the said trees.
iij. Item what nombre of trees the said William Stokeley hathe fellede or cutt downe within the manner of Abbottes Eipton aforsaid syns the said xxviij* daye of Januarie in the said xxxv* yere of the Eaigne of our said Soueraigne Lorde kynge Henry the viij"\ And in what place the said trees dyd growe.
iv. Item of what age and valewe the said trees so fellede or cutt downe were of and after what manner the said William Stokeley dyd occupie or bestowe the said trees.
iv. Item what nombre of trees the said William Baxter hathe fellede or cutt downe within the manner of Abbottes Eypton aforsaid
' See p. 69, n. 4, supra. -' Head of MS. mutilated. ' 1544.'
a 2
84 COURT OF REQUESTS
syns the said xxviij* dave of Janiiarie in the said xxxv* 3'ere of the raigne of our said Soueraigne Lorde Kynge Henry the viij"' and in what place the said trees dyd growe.
iv. Item of what age and valewe the said trees so fehede or cutt downe ^Yere of and after what manner the said "William Baxter dyd occupye or bestowe the said trees.
K. Deposicons takj-n at Westminster the xxvj daye of Jannarii
a° Eegni Eegis Henrici viiij xxxyj ^ &c. on behalf of Oliuer Saynt John Esqiiyer agaynst Simon Kent William Birde & others of Abbotes Eipton.
Eobert Boston of Abbotes Eypton in the conntie of Huntingdon] husbondman of the age of Ixsxij yeres or there abowtes sworen & examined sayth vpon his othe deposithe & saythe that Symon Kent hathe fellyd and cut downe vpon the Thursdaye before Candlemas daye laste past ^ within the manour of Abbottes Eypton in a close callyd Pottars close xviij trees some ashes & some elmes beinge of XXX*' yeres growyng with all other kindes of wood growinge there in the hedge rowes & others^ groves and dyd carye the same wood the space of iiij dayes to Kentes owne grounde, & bestowed no parte thereof on Olyuer Saynt Johns grownde, but what valor the wood was of this deponent knowithe nott. And ffurther saythe that after Candlemas last past the sayd Symon Kent ffellyd xiij trees more the first weke in Lent last past in the same grounde as ij or iij of the xij men ^ dyd informe this deponent, but what valor they were of this deponent knoweth nott. And further he saythe that Symon Kent dothe waste vpon the sayd Olyver Saynt Johns grownde & hathe lett fall downe in decaye a bakhouse a maulte howse & the kechyn, whiche the xij men hathe diuerse tymes presentyd & yet yt ys nott amendyd and more he saythe that he hathe warnyd William Byrd & his servaunt also that they shulde fell no more wood in Olyuer Saynt Johns ground, whiche William Byrd hathe diuerse tymes syns Candlemas last past feld diuerse kyndes of trees & before Candlemas, but to what nomber or valor he knowithe not but the xij men hathe fownde hym to doo wast & spoyle the grounde, and further examined this deponent saythe that William Stokeley hathe ffellyd certeyn young ockes & other woodes but to what valor or number he knowithe nott but he saythe that they were fellyd syns whysontyd last past and further examined saythe that William Baxter hathe fi'ellyd myche wood both yong and olde of the
' 1545. ' 2 Peb. 1544. ^ Sic. * I.e. the jury of the manor court
COURT OF REQUESTS 85
lordes next a close callyd Harpps, to the nomber of Ix or more small & great and hathe lett fall downe & decayed a hawle house & a chymyney & twoo chambers withe loftes over theym, whiche hathe bene founde by xij men. And he hathe bene warnyd by the xij men to repayer theym but hetherto he would not, so that nowe they be downe to the hard grownd. And further this deponent knowith not towching the
Interrogator is.
{Signed with a mark.)
Wj'llyam Butterege of Welington^ in the Countie aforesayd husbond- man of the age of Ij yeres sworen & examined saythe that in Hillarii Terme last past before this, Symon Kents ^ wyf comandyd certeyn laborers dweling there in the towne & other of hyr seruauntes to fell woode in and abowte a close callyd Pottars closse of xx*' yeres growghe but what nomber or valor they were of he knowithe nott but they caryed yt of of Olyuer Saynt Johns grownd to one maister Bolles grownde & there burnyd yt. And further examyned saythe that William Byrd fellyd & causid to be fellyd xij or xiij trees of a small valor, whiche did growe in a close callyd Eastroppe whiche this deponent estymethe were worthe xvj d. And further saythe that towchyng William Stockley he knowithe nothing nor towching William Baxter, and further he knowithe nott,
{Signed loitJi a mai-li.)
Thomas Bell of Wellington ^ in the parishe of Abbottes Eypton in the Countie of Huntyngton husbondman of the age of Ixij yere or there abowtes sworen & examyned saithe that Simon Kent before Candelmas daye last past had done great waste in felling of woode whiche grewe in Pottars Close & abowte the close but what valor they were of or what number he knowithe nott. And further saythe that he hathe hard his neyghbours saye that Symon Kent hathe fellyd syiis Candlemas last paste "* wood in the same grownd & caryed yt of of the lordes grownd & bestowed yt at his plesure but none vpon Oliver Seynt Johns grownd, & also hathe lett fall downe & decayed the lordes bowsing. And further saythe that WilHam Byrde causid laborers ther in the same towne to fell & cutt down viij yong Sprynges abowte Allhaloutyd last past the valor wherof he knowith not.^ Also he saythe that William Stokeley ffellyd in a place callyd Bugg Grene one
' Qu. Ellington. ^ The words ' other wood ' here struck
- The words ' tl'ellyd wood ' here struck through,
through. ^ The words ' to the valor of xj d.' struck
^ Qu. Wenyngton or Wennington. through.
86 COURT OF REQUESTS
okke or twayne syns Midsomer last past and the baylyf toke hym fellyng of theym whiche rebiikyd him & he answeryd that he woulde doo yt & take yt as his owne in the comyn, whiche this deponent saythe was never vsid nor senne in his tyme to be done with owte the lordes licence, but he saythe that maple, hasell, & Thorne they may fell yt as comyn but neyther oke nor ashe. Also further he saythe that he dothe & hathe hard saye that William Baxters grownde ys sore wasted as the wood consumed & howsen fallen downe, whiche this deponent hathe knowen a plentyfull grounde of woud and the howsinge tenaunt lyke, but what wood he hathe fellyd this deponent knowithe nott, nor further can depose.
{Signed icitli a mark.)
Eobert Quene of Wellington aforesayd howsbandman of the age of xlvj yeres sworen & examyned saythe that Symon Kent hathe fellyd syns Candlemas day last past xiiij trees which were sparr ware but what they were wourthe This deponent knowithe nott but he saythe they were ashe & wyche for this deponent dyd se theym & tell theym & more that were fellyd before that tyme, of xx*' yeres growing or there abowtes. And further sayethe that WilHam Byrd hathe fellyd syns all haloutyd dyuerse trees wherof this deponent tolde before Christmas last past ix & syns that tyme he hathe ffellyd more but the nomber or valor of theym this deponent knowithe not. Also he hathe hard saye by his neyghbours that William Stokeley hathe ffellyd abowt x"^ yong Okkes in a platte of grounde callyd Buk Grene. Also he saythe that William Baxter hathe made grete waste in the lordes grownde as consumyng of woodes and decaying of hys howses, but to what valor this deponent knowithe not nor can depose.
{Signed with a mark.)
L. ' Deposicions takyn at Westminster the vij daye of Maye
on the behalf of Symond Kent and others tenauntes of Abbotes Eypton ageynste sir John Saynte John and others.'
John Sewster of Steple Morden in the countie of Cambrige gentilman of the age of xlij yeres or there abowtes sworen and examined the vij daye of Maye in the xxxvj yere of the reign of our moste dradd souerayn lord king henry the viij* by the grace of God king of England ffrance & Ireland defendor of the faythe, and in erthe of the cyrche of England and also of Ireland the supreme hedd. To the first of the Interrogatoris to hym mynistred deposithe and
COURT OF REQUESTS 87
saythe that by the tyme & space of iij or iiij yeres next before the dissokicion of the late monasterye of Eamsey in the countie of huntingdon & for the tyme & space of ij or iij yeres next after the dissolucion of the sayd late monastery the sayde deponent saythe that he was steward and keper of the courtes of all the manors & posses- syons of the saide late monasterye within the Eealme of Englande, and by reason of that office, this sayd deponent dyd kepe dyuers & sondry conrtes at the manor of Abbotes Ripton. And there this deponent did see & peruse as he had cawse many of the copyes of the tenauntes of that manour, and many of theym were made to theym & to theyr heyres & many for terme of lyffe, and some of theym as dyd concerne any landes that was appoyntyd to any of the monkes being officers of the sayd late Abbey were made but for terme of yeres or lyves. And the sayde deponent saythe that he by occasions of serches made for the determynacion of titles of copye holdys that dependyd in that courte in suyte before hym often tymes betwenne partys he fownde & dyd see as yt wyll appere by the serche of the olde courte Eolles of the said manour dyuers copies made in his predecessors tymes being stewardys in the office before this deponent was steward of the said Abbey, as in Mr. Eowlleyss tyme Mr. John Wyndes tyme and & ' in one Graues tyme he fownde many copyes to diuerse tenauntes there to theym & to theyr heyres & some for terme of lyffes. And as many commenly as dyd chaunche to fall and to be graunted in this deponentes tyme he beinge steward there, this deponent made the copies to theym and to theyr heyres to holde after the custome of the said mannur at the wyll of the lord and so had maistr Eowlett, that was last steward of the same possessions before this deponentes tyme made copies also to dyuerse of the saide tenauntes and to theyr heyres as this deponent perceyvyd by the president courte Eolles that he had made and were delyueryd to this deponentes handes at his firste comynge to the sayde offyce and appon like tenures by copies in a maner all the possessions of the saide late Abbey in the countey of Huntyngdon were latt in this deponentes tyme & as well in the late Abbotes tyme as in the tyme the possessions therof remayned in the kinges hande. And more this deponent rememberyth not.
Per me Johem Sewester.^
' Sic. He was in the commission of the peace for
2 John Sewester, a gentleman of Hert- that county in 1537 (ib. xii. ii. 1150, 41, Ac. ),
fordshire, one of those ' appointed by the and again both for that county and also
king to abide in their countries to keep for Hunts in 1538 (ib. xiii. i. 646, 34, 51).
good order in the absence of the rest of In 1539 he seems to have been associated
the noblemen ' during the Northern rebel- with Thomas Hall (see above, p. 77, n. 2) in
Hon of 1536 (S. P. Dom. H. 8, xi. 580, 4). dealing with the property of the attainted
88 COUET OF REQUESTS
M. * The certificat of Nicholas Luke ' one of the Barons of the
Kynges Exchequer & Thomas Hutton Esquier to the Kj'nges most honorable Counsayll by vertue of a com- maundement from the seid Counsayll to vs the said Nicholas & Thomas made & dyrectyd for to vue serche & ouersee certayn Courte Kollis belongynge & pertaynynge to the maner of Abbattes Eypton in the Countie of Huntyngdon and to certifye & make report of all suche mater as we shall see & perccave in the said Courte Rollis consernynge the custum of the said maner for the con- tynuans of the copyhold Tenure within the said maner by vertue wherof ^\e the seid Nicholas & Thomas have serched and overseen certayn Courte Eolles by one Mr. Olyver Sejnt John Esquyer to vs exhibeted the true effectes wherof particulerlye herafter folowythe. In wyt- nesse wherof we the seid Nicholas & Thomas to this present Boke haue sett owre handes.'
Tempore regis Eicardi secundi.-
Abbottes Eypton.
Memorandum. — At a Court holden at Abbottes Eypton ' Sabbato proximo post ffestum sancte luce Euangeliste primo Eicardi secundi.' ^ And ther ys no maner of mencon made of the deathe of eny copy- holder nor of eny takynge of eny copyhold tenure Surrender nor eny other thynge for eny suche purpos.
Memorandum. — Ther was a court holden at Abbottes Eypton the ffryday in the vygill of all Seyntes anno vj''' Eegis prcdicti.^ And in the same ys nothynge mencioned as ys aforseid.
rebels in Lincalnshire (ib. xiv. i. 346), and Eiehard de Shenyngton, lo49-79.
in the same year was a commissioner of Edmund de Elyngton, 1379-189(3.
gaol delivery for Herts (ib. ii. 619, 57, Thomas Butturwyk, 1396-1419.
cp. XV. 282, 95). He was a large pmchaser John Tychemarsh, 1419-1434.
of Church lands after the Dissolution. See John Croyland or Crowland, 1434-1436.
Append, ii. to the 10"' Eep. of the Deputy John Stowe, 1436-1439.
Keeper of the Public Kecords, pp. 267-8. Unknown.
S. P. Dom. H. 8, XV. 831, 45, 49. His William Witlesey or "Wyttlesey, 1468-
name does not appear in the Domestic 1473.
State Papers of Edward 6, and the inter- John Wardeboys, 1473-1488.
mediate papers have not yet been printed. John Huntington, 1488-1506.
' Only son of Sir Walter Luke, Justice John Wardeboys alias Lawrence, 1507-
of the K. B., who died 1544. Appointed 1539.
Third Baron of the Exchequer in 1540; The last abbot 'was very forward in
died 1563. Foss's ' Lives,' v. 515. procuring not only his own abbey to be
- The succession of the Abbots is given surrendered to the king's use, but in
by Sir W. Dugdale as follows (' Monast.' influencing others to submit.' Wilhs, ' Mit.
ii. 550) : Ab.' i. 156 ; cp. S. P. Dom. H. 8, xiii. ii. 612.
Robert de Nassington, 1342-49. ' Oct. 1377. " Oct. 1382.
COURT OF REQUESTS " 89
Memorandum. — At a Courte holdyn at Rj^pton aforseid the wedynsday in the fest of Mary Magdalen in anno sexto Regis predict! ^ ther is nothynge mencioned consernynge eny copyhold tenure as ys above seid.
Memorandum. — At a courte holdyn at Rypton aforseid the Sater- day next before the ffest of Seynt Denys a" viij" Regis predicti^ ther is nothynge consernynge eny copyhold tenure as is above seid otherwyse then that wase presentyd at the same courte after this ^ sorte & wordes videlicet quod Willelmus Smythe & Willelmus Marty n amerciantur ad ixd. pro eo quod dicti Willelmus & Willelmus non venerunt ad arandum terram domini quum summoniti fuerunt. Et quod Johannes Atchurche & Johannes Banke amerciantur ad iiij d. pro eo quod non venerunt ad opus domini quum summoniti fuerunt. Et quod Andreas Colyar Johannes Scotlond & Johannes Prycke fecerunt vastum super dominicum domini de domibus ruinosis.^ Ideo quilibet in miseri- cordia iij d.'^ Notandum Buke is a bondman as apperithe ad curiam tentam apud Rypton predictam anno quarto henrici quarti*^ post. Nota Johannes Prycke est natiuus in sanguine ut apparet ad curiam tentam apud Rypton anno viij" henrici quarti*" proxime sequenti.
Memorandum. — At a Courte holdyn at Rypton aforseid the Wedynsday next after the fest of Seynt Benedyct anno decimo Regis predicti^ ther wasse nothynge presentyd concernynge eny copyhold tenure otherwyse then is presentyd as ys aforeseid of John Prycke pro vasto super dominium domini de domibus ruinosis vnde amerciatur ut supra &c.
Memorandum. — At a courte holden the Saterday ante festum Simonis & Jude anno xj° Regis predicti^ presentatur in his verbis videlicet quod Johannes Steven qui de domino tenuit vnam virgatam & dimidium terre obiit post vltimam curiam & datur de hariet vs. And no other thynge ther mencioned concernynge eny copyhold tenure.
Memorandum. — -At a courte ther holden the ffryday in vigillia
' July 1382. The order is irregular, alities due to it during the vacancy,
and 'sexto' is perhaps by mistake for 'Among the Ministers' Accounts in the Re-
• septimo,' i.e. 1383. ^ Oct. 1384. cord Office (Q. R. Mins. Accts. Genl. Series
^ Here fol. 1 ends and is signed ' Thomas 871, no. 9) is a set belonging to a llamsey
Hutton.' manor at this time. Many holdings are
* These ruined houses, as also the refu- said to be in hand on account of the pes-
sals of services, are probably the conse- tilence and in one place 22 virgates of land
quences of the Great Pestilence of 1349. for the same reason.' F. A. Gasquet, ' The
This carried off Abbot Nassington on 10"' Great Pestilence,' London, 1893, p. 136.
June (' Chron. Abb. de llamsey,' p. 345). It ^ Cp. p. G8, n. 4, supra,
so thinned the numbers of the tenants of " Sept. 30, 1402-Sept. 29, 1403.
the abbey that the Crown accepted a com- ' Sept. 30, 1406-Sept. 29, 1407.
promise of a portion only of the tempor- *• March 1387. " Oct. 1387.
90 COURT OF BEQUESTS
sancti Martini anno xv™° Eegis predicti' ther 3'S notliynge presentyd nor mencioned consernynge or provynge eny copj'hold tenure.
Memorandum. — At a courte holden at Eypton aforseid the Thurs- day next after Seynt Martyn anno xvj Eegis predicti^ ther wasse presentyd in theis wordes videlicet quod Willehnus Martyn fecit vastum super Dominicum domini de domibus ruinosis. Et habet dictus emendare sub pena x s.^
Memorandum. — At a Courte holden at Eypton aforseid the Thurs- day after the ffest of all Sayntes anno xviij" Eegis predicti^ ther wasse presentyd that dyuers were amerced quia non venerunt ad metendum bladum domini in autumno ad opus domini. Et quia non venerunt ad arandum terram domini ad opus domini quum summoniti fuerunt. Et quod Johannes West qui de domino tenuit vnam virgatam terre obiit post vltimam curiam. Et datur de harriet vs. And no other thynge consernynge eny Copyhold Tenure. Nota this West is a bond- man as apperithe a° xj° Eegis Edwardi quarti.^
Memorandum — At a courte holden at E3'pton Sabbato in vigillia Apostolorum Simonis Jude a° xxi° Eegis predicti'^ ther wasse pre- sentj^d that dyuers wasse amercyd for that they dyd not bynd the lordes corne and also that they dyd not ere the lordes lond and that summe sholde have ffonde ij men & ffounde but one man to worke in harvest. And no other thynge conserning eny copyholde tenure.
Tempore Eegis Henriei quarti.
Memorandum. — At a courte holden at Eypton aforseid in vigillia ^ proxima post ffestum Apostolorum Simonis & Jude anno quarto Eegis predicti® ther ys nothynge mencioned nor presentyd concernynge or towchynge eny copyhold tenure. And ys presentyd that ther wasse many bondmen of blode videlicet Johannes Saven Johannes Atwell Johannes Martyn Andreas Martyn Eicardus Martyn Simon Lewe Eobertus Lewe, Johannes Lewe ac Willelmus Lewe Johannes Colyer Philippiis Bucke margareta thedleborow uxor Colyer.
Memorandum. — That Bucke is in a presentment before in anno octauo Eegis Eicardi secundi^ predicti.^"
Memorandum. — Ad curiam tentam apud Eypton die veneris post festum sancti martini anno viij" Eegis predicti " presentatum fuit quod
» Nov. 11, 1391. • Oct. 1397.
=^ Nov. 1392. ' Sic.
3 Here fol. 2 ends and is signed ' Thomas * Oct. 1402.
Hutton.' ' Oct. 1384.
* Nov. 1394. '° Here fol. 3 ends and is signed ' Thomas
6 March 4, 1471-March 3, 1472. Hutton.' " Nov. 1406.
COURT OF REQUESTS 91
Johannes Bebles demisit terram natiuam Willelmo Wattes sine licencia domini. Ideo in misericordia. Et Johannes Churche & alii hahent domos ruinosas. Ideo in misericordia domini &c. And ther be named & presentyd the persones above said to be bondmen. And Phihppus Bucke Kicardus hubberd Eicardus Pryck Thomas Prycke.
Memorandum. — Ad curiam tentam apud Eypton predictam die veneris proxima post festum sancti michaelis archangeli anno xiij Eegis Henrici quarti predicti^ Thomas Dade presentatur fore natiuus domini in sanguine. Johannes helland similiter. And no other thynge concernynge eny copyhold tenure.
Tempore Eegis Edwardi quarti, Ac.
Memorandum. — Ad curiam tentam apud Eypton predictam die lune post ffestum sancte fidis virginis anno primo Eegis predicti^ presentatum est quod predicti homines fuerunt natiui domini in sanguine. Et insuper Johannes Wattes Johannes Cobbe & Thomas Balett fore natiui in sanguine. And no other thynge provynge or concernynge eny coj)yhold tenure.
Memorandum. — Ad Curiam tentam apud Eypton predictam die sabati proximo post festum sancti ^ fidis anno vij° Eegis predicti ^ ther is nothynge presentyd but the names of the bondmen aforseid con- cernynge eny copyhold tenure.
Memorandum. — Ad Curiam tentam apud Eypton predictam die martis proximo post festum sancti michaelis Archangeli anno viij Eegis predicti.^ And ther is a peyn layd to all the tenauntes of Eypton aforseid that they & euery of theym shall repayre theyr tenementes ante festum Natalis Domini tunc proximum. And no other thynge presentyd or mencionyd but the names of bondmen towchynge or consernynge eny copyhold tenure.*'
Tempore Eegis henrici vij.
Eypton Abbatis.
Memorandum. — Ad Curiam tentam ibidem in festo sancti luce Euangeliste anno secundo Eegis predicti.'^ Et ad curiam tentam ibidem die Jovis proximo post ffestum sancte Etheldrede virginis,^ anno xij Eegis predicti.^ Et ad curiam ibidem tentam die sabbati ante festum sancte Etheldrede virginis^ anno xv"° Eegis predicti.'"
• Oct. 1411. Hutton.'
2 Oct. 14G1. ' Oct. 18, 1486.
^ Sic. 8 Probably the translation of St. Ethel-
* Oct. 1467. dreda, i.e. Oct. 17. ^ Oct. 1468. " 1496.
" Here fol. 4 ends and is signed ' Thomas '" 1499.
92 COURT OF REQUESTS
Et ad curiam ibidem tentam die sabbati proximo post festum sancti Michaelis Archangeli anno xvj™" Eegis henrici vij predicti.' Et ad curiam tentam ibidem die sancti hugonis anno xiij° Eegis predicti.- Et ad curiam tentam ibidem in festo sancti Dionisii anno xvij" predieti Eegis henrici vij ^ ther is nothynge presentyd or mencionyd concernynge eny copyhold tenure but only this presentment folowynge in theis wordes. Ad banc curiam tentam apud Eypton predictam in festo sancti Dionisii predieti anno xvij™° predicto venit Willelmus hobson & sursum reddidit in manus domini per virgam duo messuagia cum duabus virgatis terre ut dominus faceret voluntatem. Ideo preceptum Balliuo respicere in quo statu predicta messuagia stant. Et Thomas Wynwycke similiter sursum reddidit in manus domini per virgam vnum messuagium cum duabus virgatis terre & dimidio ut dominus faceret voluntatem suam. Ideo preceptum Balliuo videre ut supra.
Tempore domini Eegis henrici octaui.
Abbottes Eypton.
Memorandum. — At the Courte holden ther the Saturday before the ffest of the Apostolles Symon & Jude in the thyrd yere of the raigne of the kynge aforseid ^ ther is nothynge mencionyd nor pre- sentyd concernynge eny copyhold tenure.
Memorandum. — At the Court holden ther the Saterday before the ffest of Saynt Martyn Episcopi anno secundo Eegis predieti'^ ther ys nothynge presentyd consernynge eny copyhold as ys aforeseid.
Memorandum. — At the Courte holden ther the Saterday before the ffest of Seynt Luke Euangelyst anno vj° Eegis predieti "^ And at a courte holden ther the Saterday next after the fest of Saynt Luke anno vij° Eegis predieti ^ And at a courte holden ther the Saterday next after the ffest of Saynt Michell the Archaungell anno viij° Eegis predieti ® And at a court holden ther the Tuysday next before the ffest of Saynt Michaell tharchaungell anno xvj" Eegis predieti^ Et ad curiam ibidem tentam in crastino sancti Leonardi Abbatis anno xix"° Eegis predieti ^^ Nor in eny of theis Courtes ther ys nothynge presentyd consernynge eny copyhold tenure as ys above seid.'^
Abbottes Eypton.
Memorandum. — Ad Curiam ibidem tentam octauo die Octobris
' Oct. 1500. ' Oct. 1515.
2 Nov. 17, 1497. " Oct. 1516.
3 Oct. 9, 1501. " Sept. 1524.
* Oct. 1511. '" Nov. 1527.
* Nov. 1510. " Here fol. 5 ends and is signed ' Thomas •* Oct. 1514. Ilutton.'
COURT OF REQUESTS Do
anno domini Eegis henrici octaui xxij''" ' tlier ys presentyd as herafter folowythe scilicet Ad banc Curiam venit Johannes Jurden & cepit de domino vnum tenementum cum terra & pertinentiis eidem per- tinentibus nuper in tenura benrici waller babendum &c eidem Jobanni beredibus &c. Eeddendo inde per annum xvj s. Ideo &c meremium de proprio percipiendum Sec iij s. iiij d.
Ad banc Curiam venit Jobannes Eoger & cepit de domino vnum cotagium cum pertinentiis nuper in tenura Jobannis Wygyn tenendum sibi &c Eeddendo inde per annum ij s. &.c. And no mo tbynges con- cernyng any copybold Tenure.
Memorandum. — Ad Curiam ibidem tentam die Jovis proximo ante ffestum sancti Micbaelis Archangeli anno dicti domini Eegis benrici octaui xxiij'°'^ tber is presentyd tbeys tbynges folowynge in tbeis wordes videlicet quod Jobannes Smyth tenens per copy am obiit post vltimam curiam Ideo preceptum Balliuo seisire quousque &c. Scilicet Ad banc curiam Jobannes Blunte capit de domino duas elausuras in Esttborpe ^ vocatas le busshe close & all the mote close cui dominus concessit &c babendum sibi &c sicut placet domino reddendo inde domino per annum x s.
Ad banc curiam Eicardus Smyth & Alicia vxor eius cepit de domino vnum messuagium cum croft adiacente & octo acras terre iacentes in Callowe Croft quibus dominus concessit &c babendum iisdem & assignatis suis pro termino vite eorumdem & alterius eorum diutius viuentis ad voluntatem domini secundum &c Eeddendo inde annuatim domino x s. &c.
Tempore Eegis henrici viij"'.
Memorandum. — Ad Curiam tentam ibidem in die sancti Simonis & Jude anno Eegis benrici * xxv'°^ & anno domini Jobannis Wardeboys Abbatis xxvij tber is mencionyd tbeis tbynges folowynge in tbeys wordes. Videlicet Willelmus Warwjdie cepit extra manus domini vnum messuagium cum vna virgata terre & dimidia terre & prati cum pertinentiis cui dominus concessit inde seisinam babendum &c sibi beredibus & assignatis suis ad voluntatem domini secundum consuetu- dinem manerii Eeddendo inde domino per annum &c xxiij s. iiij d. & faciendo omnia alia oner a consueta &c & dat domino de gar sumo &c.'''
Silicet Compertum est per bomagium quod Willelmus Curties extra curiam sursum reddidit in manus Willelmi Stokley Tenentis buius manerii vnum messuagium cum xj acris terre nuper in tenura Eoberti
' 1530. 2 Sept. 1532. ' Oct. 28, 1.533,
^ I'art of the humlet of Wenyngton, see '^ Here fol. G ends and is signed ' Thomas
p. 04, n. 5, supra. * Blank in MS. Hutton,'
94 CO CRT OF REQUESTS
Battes ad opus & vsum Cuthberti Bagley cui dominus concessit seisinam habendum & tenendum sibi heredibus & assignatis suis ad voluntatem domini secundum consuetudinem manerii reddendo inde domino annuatim ad terminos vsuales viij s. & faciendo omnia alia onera &c & dat domino de ffine &c.
Memorandum. — Ad curiam tentam ibidem xxviij" die mensis Octobris anno Eegis henrici viij"' xxvj*° ' ther wasse taken & presentyd theis th^'nges flblowynge.
Scilicet \adelicet Ad banc Curiam Yenit Eobertus Steuene & cepit extra manus domini vnum Tenementum cum duabus virgatis terre & cum duabus clausuris nuper in tenura Thome ffolbygge cui dominus concessit seisinam habendum & tenendum sibi heredibus & assigna- tis suis ad voluntatem domini secundum consuetudinem manerii reddendo inde per annum ad terminos vsuales dicte ville xxxs. & vjs. viijd. faciendo omnia alia onera seruicia & consuetudines inde prius debita de jure & dat de garsumo ut in capite Et fecit domino fidelitatem &c.
Scilicet ad hanc curiam venit laurencius Carter & cepit extra manus domini vnum messuagium cum vna virgata terre duabus clausuris & octo le leys apud Esthcrppe cui dominus concessit seisinam habendum & tenendum sibi heredibus & assignatis suis ad voluntatem domini secundum consuetudinem manerii reddendo inde domino annuatim ad terminos vsuales dicte ville xxs. & faciendo vjs. omnia alia onera & seruicia &c. Et dat de Garsumo- vfc in capite & fecit domino fidelitatem &c.
Ad hanc curiam venit Elizabet Carter & cepit extra manus domini vnum cotagium cum pertinentiis cui dominus concessit seisinam habendum & tenendum dicte Elizabet Carter durante tempore vite sue & post decessum suum dictum cotagium remaneat Laurencio Carter heredibus & assignatis suis ad voluntatem domini secundum consuetudinem manerii reddendo inde domino annuatim ad terminos vsuales dicte ville ij s. Et fecit ^ omnia alia seruicia & onera &c. Et dat de garsumo vt in Eotulis curie & fecit domino fidelitatem &c.*
Scilicet ad hanc curiam venit Thomas Gostlyn & cepit extra manus domini vnum messuagium cum vna virgata terre & duabus clausuris nuper in tenura Johannis Browe cui dominus concessit seisinam habendum & tenendum sibi heredibus & assignatis suis ad voluntatem domini secundum consuetudinem manerii Reddendo inde domino annuatim ad terminos vsuales dicte ville xxiij s. iiij d. Et faciendo
' 1534. * Here fol. 7 ends and is signed ' Thomas
' See p. 74, n. 4, supra. ^ Sic. Hutton.'
COURT OF REQUESTS 95
omnia alia onera &c & dat domino de ffine vt patet in capite & fecit fidelitatem.
Ad banc curiam venit Johannes Bagley & cepit extra manus domini vnum cotagium cum tribus quarteriis virgatis terra cum vna clausura nuper in tenura Johannis Scott cui dominus concessit seisinam habendum & tenendum sibi heredibus & assignatis suis ad voluntatem domini secundum consuetudinem manerii reddendo inde domino annuatim ad terminos vsuales dicte ville xiiij s. Et faciendo omnia aha onera & seruicia &c. Et dat domini de garsumo ut in capite & fecit fidehtatem domino &c.
Eypton Abbatis.
Ad banc Curiam ibidem tentam viij° die Octobris anno Eegis henrici v ^ xxj° ^ ther wasse theis entrez made in theys wordes ffolowyng videhcet.
Scihcet Ad banc curiam ibidem tentam Johannes Burde cepit de domino vnum messuagium cum terra & prato eidem pertinentibus nuper in tenura Eoberti Asshebe tenendum sibi heredibus & assignatis suis ad vohmtatem domini secundum consuetudinem manerii reddendo inde domino annuatim ad terminos vsuales ibidem xl s. Et faciendo omnia alia onera & seruicia & consuetudines inde debita meremio pro reparacione inde omnino excepto ffinis x s.
Scilicet Ad eandem curiam Willelmus Stohley cepit de domino vnum messuagium cum duabus clausuris ac aliis suis pertinentibus nuper in tenura Gregorii ffrostt tenendum sibi heredibus & assignatis suis ad voluntatem domini secundum consuetudinem manerii reddendo inde domino annuatim termino consueto ibidem xxiij s. iiij d.^
Scihcet Ad eandem curiam Cutbertus Bagley cepit de domino vnum tenementum cum terra & prato eidem pertinente nuper in tenure ' Nicholai kynge tenendum sibi heredibus & assignatis suis ad voluntatem domini &c reddendo domino xxvj s. viij d. & ffaciendo omnia alia onera &c meremio omnino excepto ffinis — xiij s. iiij d.
Scilicet Ad eandem curiam predictus Cutbertus cepit vnam clausuram cum dimidia virgata terre vocate Wyslond cum omnibus aliis suis pertinentiis nuper in tenura Nicholai kynge tenendum sibi heredibus & assignatis suis ad voluntatem domini &c reddendo inde vj s. ffinem.
Scilicet Ad eandem Curiam Willelmus Tomkj^ns cepit de domino
' Sic. date ehould be ' Henrici viij xxxj°,' i.e.
- This is clearly a copyist's blunder. Oct. 8, 1539.
The Abbey was surrendered Nov. 22 (31 H. ^ Here fol. 8 ends and is signed ' Thomas
8), 1539. Dugdale, 'Men.' ii. 588. The Hutton.'
iijs. iiijd.
96 COURT OF REQUESTS
vniim cotaginm vniim quarterium terre nupcr in teniira Willelmi Adams tenendum sil)i heredibus & assignatis suis ad volmitatem domini secundum See. Eeddendo inde domino iiij s. vj d. ffinis iij s. iiij d. meremio ' percipiendo de domino &c.^
Endorsed. 'Eypton Abbatis.'
' The effect of dj^uers Courte roulles holden at Eypton afforseyd towchyng any copye hold Tenure to be within the same.' ^
Endorsed. Eypton Abbatis.
The effect of dyuers Courte roulles holden at Eypton afforseyd toAYchyng eny copye hold Tenure ^ to be within '" the same.
DECEEES AND APPEARANCES."
Primo die ffebr. a" regni regis xxxv.'
Memorandum that the cause betwene thinhabitauntes of Abbotes Eypton and sir John Saintleger ^ ys ordered by the counsaill that the tenauntes yet remaynyng in debte for the rent of ther tenementes shall befor Shrosty^ next commyng truely content and pay the rerages of the same without other delay and further that non of the said complainantes shall make or cause to be made any maner of waste to be don vpon ther land duryng the suete of ther case vpon the perill & danger that may therof folowe and ensue.
xij" die mail a" regui regis (xxxvj'")."
The tenauntes of Eypton herde.
The cause betwene the tenauntes of Abbottes Ej-pton aj^enst Oliuer Saint Johns ys continued vnto Thursday next commyng than the mater to be hearde so that the complainantes geue warnyng vnto the defendant or his counsaill.
xvj° die Maii anno xxxvj'°.'
Memorandum that the cause dependyng in trauerse betwene all suche persons being tenauntes of Eypton whiche nowe complaj-ne ayenst Oliuer Saint Johns touchyng certain suche copy holdes as ar
• ' Excepto ' struck through. 375, 383, 392 (30-38 Hen. 8). The entries
- Here fol. 9 ends and is signed ' Thomas are printed as now bound, but appear some-
Hutton.' times to have been bound out of order
^ There is a less carefully written copy of of time.
the above extracts from the Court Itolls ' 1544.
signed Nj'cholas Luke, Thomas Hutton. ** Sic.
^ Word illegible. '■' This word is not to be found in Halli-
' Interlined. well, Skeat, or Stratmann. It is presumably
« Vol. vi. pp. 322, 339, 343, 357, 370, a corruption of Shroffs- or Shroves-tide.
COURT OF REQUESTS 97
nowe in trauerse betwene theym ys nowe ordred that the said Oliuer shall suffer the said tenauntes peasably to holde and enyoie theyr pos- session of the said holdes & landes without any his interrupcion to the contrairy theym vnto suche tyme further order & direction be therin taken by the said Counsaill whiche haue commaunded the tenauntes not to fell ne cute downe any greate tymber growyng vpon the premisses ne otherwise make any wylfull waste and further haue commanded & ordered that the said Olyuer shall withdrawe & surseace all maner his suettes and accions at the commyn a3Tnst the complaynauntes commensed duryng the tyme aforsaid and to deliuer vnto theym all stresses lately taken from theym or any of theym.'
Eodem die.^
Tenauntes of Rypton v. Seint John.
Memorandum that the mater in trauerse betwene the tenauntes of Abbates Ripton and sir John Saint John knight and Oliuer hys Sonne yt ys nowe by the counsaill vpon^ assent of the lerned counsaill of bothe parties continued vnto the morowe of All soules daye next commyng.* So that the meane tyme Nicholas Luke baron of thex- chequier and Thomas Hutton squier may duely and substancially examine all suche auncient courte Rolles as belongevnto the manor of Eipton aforsaid and the playnes of the same so to certifie vnder theyr scales at the aforsaid day to thentcnt further order ther vpon the sight therof may be had and taken.
Eodem die.*
Tenauntes of Rypton.
Memorandum that the cause betwene the tenauntes of Abbotes Rypton ayenste sir John Saintjohns knight ys by the kinges counsaill continued vnto thutas of Saint Hillary next commyng "^ & in the meane tyme they to obserue and holy kepe suche former direccions as was made touchyng this mater And also further ordred that all suche witnesses as any of the parties entende to vse in this behalf be broughte and examined at the daye aforsaid which ys peremptorily
' The above entire order is struck ' Doubtful. MS. indistinct,
through. " 3 Nov. 1-544.
■' I.e. vltirao die Junii anno regni regis * I.e. xxvj'" die Nouembris anno xxxvj""
xxxvj'" (1544). « 20 Jan. 1545. [(1544).
98 COURT OF REQUESTS
geiien so that noo further delaies be had in deferying of the herring of the mater by any of the said parties.
xvj" die Mail.'
Memorandum that the sute dependyng in trauerse betwene all suche persons beyng tenauntes of Eypton whiche nowe complayne ayenst sir John Saint John knight and Oliuer Saint Johns squier touchyng suche custumary landes as ar in trauerse betwene theym ys nowe ordered bj^ the kinges counsaill with thassent of the lerned counsaill of bothe parties that the said defendauntes shall peasably permitte and suffer the complaj'nauntes & euery of them quietly to enyoie theyr tenementes and holdes without any lett or interrupcion to the contrary vnto such tyme further order & direccion be therin taken by the said counsaill whiche also haue ordred that the tenauntes shall pay the rentes nowe due by the Wennysday in the Wytsonweke weke next commyng the same recepte not to be preiudiciall to the lorde ne the tenauntes for the payment of the same and the said defendant to deliuer all suche goodes as lately wer taken frome the said tenauntes or their premisses '^ and further ordered that the said tenauntes ne the ^ defendauntes afor the tyme the said cause be determined shall fell or cute downe any great okes or other trees growyng vpon theyr closes or pastures ne non other wode excepte busshes which they comynly haue vsed to haue for bruyinge & bakinge or stoppyng of gappes and also that the forsaid defendauntes surcease and withdrawe al manor of accions & sutes by theym or eny of them commensed at the comyn lawes nor otherwyse troble the said com- playnauntes touchyng the premisses vnto the tyme afor specified This order to be obserued and kepte it ys accorded by the said counsaill \^on the danger that in defaulte therof may folowe & ensue.
NiCO WiGOEN.'
Tho. Westm.'' Edwakd Carne,^
» I.e. 36 H. 8, 1544. Westminster 1540-50. Le Neve, ' Fasti,'
- Doubtful. MS. indistinct. iii. 346.
^ Nicholas Heath, translated from Eo- = Presumably this is the diplomatist,
Chester March 22, 1544, deprived 1551, though he appears about this time to have
restored 1553, Archbishop of York 1555, been resident ambassador in the Low Coun-
Chancellor 1.556-8, d. 1579. Foss, ' Lives,' tries. The name recurs in signature to a
v. 377. He appears as Episcopus Eoffensis statement of defence in Uvedale v. York,
in the list of Judges on p. civ. p. 205. See also the list of Judges on p. cvii,
^ Thomas Thirlby, S.T.P. Bishop of and p. cxix, n. 131, supra.
COURT OF REQUESTS 99
Eodem die.^
Tenauntes of Abbottes Eypton.
Memorandum that the cause betwene the tenauntes of abbotes Rypton ayenst Mr. Samt Johns knighte ys ordred by the counsaill that the parties with ther counsailles after the furste daye of the next terme whiche ys peremptorily appoynted for heryng of the same case & that the said tenauntes then brynge all suche courte Rolles and copyes as they haue in iustificacion of theyr titles without fayling herof at ther perills, at the whiche tyme the complaynants appered not, yet of further grace, the said counsaill haue geuen theym daye ouer vnto the xxviij'^ day of Aprill viz. Tuesday next commyng then the parties tapper at whiche daye the tenauntes appered and then brought non other mater then afor was shewed wherfor vpon consideracions shewed the heryng of the mater ys yet respited to the commyng of Mr. Hare^ or some other counsaill ^ lerned ^ appoynted for the same.
Eodem die.^
det[ur] tenauntes de Abbottes Eypton . . .■** Saint Johns.
Memorandum that the cause betwene the tenauntes of Abbottes Eypton ayenst Mr. Saint Johns ys continued vnto Satturday next commyng then the parties tapper with theyr counsaill for heryng of the mater.
xv'" die Maii anno r. regis xxxvij""".®
Whereas matier in varyaunce bytwene syr John Seynt John knight and Olyver Seint John Esquier sonne and heire apparaunte of the said syr John Seynt John parties defendauntes and Symon Kent, Willyam Byrde, Thomas Yonge, William Baxter, Thomas Roger and William Stokesley compleynauntes hathe depended afore the kinges honorable covnsaille for the tryall of the Intereste, Eighte and Title of certen messuage landes and Tenementes in Abbottes Eypton in the covntie of Hunt[ingdon], whiche the said parties com- pleynauntes doo clayme and pretende to holde to theim and to their heyres of the said syr John Seynt John and Olyver his sonne as of the manourof Abbottes Eypton aforesaid, som tyme parcell of the possessions of the late Monasterye of Eamesey in the said countie of Hunt[ingdon]
' Referring to another memoraudum. ^ Interlined.
April, 37 H. 8 (1545). * I.e. quinto die Maii 1545. = Illegible.
- I.e. Sir N. Hare, apparently as legal ^ 1545. 'Decrees and Appearances,' Vol.
assessor. See p. 174, n. 3, infra. vii. p. 240.
H 2
100 COUET OF REQUESTS
now dissolued and gyven by the kinges maiestie vnto the said syr Johii Seynt John and to his heyres in exchaunge and recompence of and for other landes and tenementes of the said syr John Seynt John, fforasmoche as it dothe manyfestly appire vnto the said counsaille vpon the sighte of suche copies as were hronghte and shewed forthe before theim on the bihalfe of the said Symon Kent and others the parties compleynauntes, of the whiche copies the oldest therof whiche was but oone copye onlye shulde seme to be made in the xxi yere of kinge Edwarde the fourthe,^ And yet the same to be graunted but for terme of hffe, And that the copies whiche were made vnto the said compleynauntes were made but in thies kinges dayes, And the more parte of theim sins the xxvij yere of the kinges maiesties reigne,^ And that also the Eesidue of the Inhabytauntes and Tenauntes of the said manour of Eypton besides the said compleynauntes perceavynge their copie holdes to be of no auncyent foundacyon nor of litle elfecte in the lawe, haue surrendred their said copies and taken their ffermes b} Indenture of the said syr John Seynt John for terme of yeres, So that there was no matier of Substaunce brought before the said counsaille to approve the said copies graunted vnto the said com- pleynauntes to bee of any force or strengthe in the lawe, Therfore it is ordred and decreed by the same counsaille That the said syr John Seynt John and Olyuer Seynt John and their heyres and assignes shall fromme hensforthe well and quyetl}- haue, holde and enioye the said mesuages, ffermes, landes and tenementes now beinge in the possession of the parties compleynauntes. To graunte and lett the same to ferme to whome it shall please the said John or Olyver or their heyres or assignes, and that the said complej'nauntes and euery of them shalbe fromme hensforthe excluded and barred to have or demaunde any Eighte Tytle or Interest . . .^ to the said seuerall pretensed copieholdes or vnto any parcell of theim and th(at) the said compleynauntes and euery of them shalle fromme hensforthe peasablye . . .^ (pe)rmittand suftre the said syr John Seynt John and . . .^ their heyres and assignes and all suche other . . .^ John Seynt John or OOj'^'er) . . .^ heires or . . .^ to ferm . . .^ vnto . . .^ (oc)cupie . . .^ hegge . . .^ apon the . . .^ savynge that it shalbe lawfull vnto the said compleynauntes and to their ffermours to enhabitte in their said bowses, and to take and carrye awaye suche corne as they have now sowen vpon any parcell of the premisses, at all tymes tyU and vnto the feaste of Saynte Michaell the archaungell next commynge,
' March 4, 1481— March 3, 1482. = j^S. mutilated.
' April 22, 1535-April 21, 1536.
COURT OF REQUESTS 101
Payeng vnto the said John and Olyver, or their heires or assignes, all suche Eentes and Arreragies of Kentes as shoulde have been due vnto theim at the said feaste of Saynte Michaell the Archaungell if this present decree had not been made, But not in any wise to entremedle with the ffallowe, nor such grasse and haye as by the custome of the said manour is accustomed to be letten, and to goo or be occupied with the fallowe. Neuertheles, by the medyacion of the said Counsaille and by the assent of the said syr John Seynt John and Olyver, It is ordred and decreed that the said syr John Seynt John and Olyver vpon the humble suite and submyssion of the said Wyllyam Baxter, Willyam Birde, Thomas Yonge, and Thomas Eoger, shall make vnto the said Willyam Baxter, Willyam Byrde, Thomas Yonge, and Thomas Eoger, oone lease of their seuerall fermes and holdynges in Eypton aforesaid, for suche nombre of yeres, and for suche Seasonable Bent, as shalbe vpon communycacion bytwene theim had, reasonablye accorded and agreed, And it is farther ordred and decreed that in caas the Baillif or the seruauntes of the said syr John Seynt John, or Olyver have any of the goodes, corne, or catall of any of the said compleynauntes remayninge in their handes not yet to the said compleynauntes delyuered. That then the said John or Olyver shall cause the same to be redelyvered vnto the Owner therof, or the said Owner therof to bee otherwise reasonablye recom- pensed for the same before the said feaste of Saynte Michaell the Archaungell, excepte that there shall appire some reasonable cause whye the same oughte not so to bee perfourmed nor executed.
FOEEACEE AND PEESON, CUSTOMARY TENANTS OF BEADFOED (SOMERSET) V. FEAUNCYS.'
A. To the kyng cure soiieraigne lorde.
1544 In moste humble wise complaynyth & schewith vnto youre heigh- nes youre poore Subiectes Thomas Foreacre & Eicharde Person of Bradeforde ^ yn youre countie of Somersett Customarie Tenauntes of the manour of Bradeforde with yn youre countie aforesaid in the name of them self and all other customary tenauntes of the same manour of
' Mr. Hunt's Calendar, Bundle 10, No. * About four miles S.W. of Taunton.
174.
102 COURT OF REQUESTS
Bradeforde. That where one WiUiam Fraunces ^ & Eichard Warre "^ esquyers are owners & lordes of the said manour of Bradeford afore- said within which said manour are dyuers & soundrie laudable vsages & customes which haith byn vsed with yn the said manour the tyme oute of memorie of man amongst which said customes haith byn vsed by all the same tyme that euerye Tenaunt of the said manour may yelde geve & graunte his cnstomarie tenement or holde commynly called a bargayn with thappertenaunces to euery person & persons as Bchall pleyse hym & the same to haue after the decesse of the bargayner, By this waye & meane that is to say the said Tenaunte & tenauntes to surrender it by gevyng or yeldyng of one moote or strawe yn to the handes of one of the tenauntes of the said manour to the vse of hym that schall haue the reuersion of the said bargayn and the same person to whom suche yeldyng is made schall haue the same by the said custome when it schall falle by the surrender deith or Forfature of the person that did so surrender it, and the person that schall haue the said reuersion by the (said) ^ custome schall come yn to the Courte & take the same of the lorde accordyngly doyng & payeng therfore suche services & fyne as are of olde dew & accus- tomed, And ferder soueraign lorde it is also vsed with^in the said m)^anour that if any tenaunt of the said manour decesse with oute yeldyng his tenement or ferme that then his wiff schall come yn to the courte of the said manour to haue the same her tenement duryng . . / as long as sche contynewith sole & chaste doyng & payng for the same such Eentes & customes there of old tyme dewe. And ferder it is also vsid with the said manour that if any such tenaunt of . . } make no suche surrender that then after his decesse & after the decesse of his wiff the yongest man childe of any suche tenaunt of the said manour schall after the decesse of the said tenaunte haue his said f . .* customarye holde, and if there be no man childe that then the yongeste woman childe yn like maner schalbe admytted to suche tenement after the custome afore said: So it is moste gracious soueraign lorde . . ,"* (sa)id William Fraunces & Piicharde Warre will yn no wise admytted'' or allowe the said auncient customes & vsuages of the said manour there vsed as is before alleyged, but dayly
' Of the family of Fraunceis of Combe- and lord of the manors of Hele, Chipleigh,
Flory (see p. 151, infra), about seven miles Tolland, Milverton, HintonCrofte, Grene-
W. of Taunton, ' an ancient house descended vyleswyke , Brushford, Banwell, Lovelinch,
from the Fraunceis of Bolham in the county &c., died 44 Eliz. (1602). CoUinson, iii.
of Devon.' J. CoUinson, 'Hist, of Somerset' 260.
(1791), iii. 248. = Conjectural. MS. mutilated.
2 Richard Warre, eldest son and heir of * MS. mutilated.
Thomas Warre of Hestercombe, Somerset, * Sic.
COURT OF REQUESTS 103
tlirettenyth your said poor . . .' put them oute of there said cus- tomarye tenementes & bargayns withoiite any forfature therof com- mytted by them, and albe it youre poore subiectes & all other tenamites there haue at all t3'(mes) . . .' contente & pay to them there said rentes & all other customes there dewe but that to resceyve they haue at all tymes denyed & refused and sythens the feaste of the annunciacon of our ladye in lente last ^ . . .' suffered there said rente to remayn yn there said tenauntes handes, and also soueraign lorde the said William Fraunces & other persons by his commaundyment of late entred yn to a parcell of grounde of . . .' (sub)biectes called Milhammys & then & there did take too coltes& too mares price of ix^li. & with oute any juste cause the same there toke & caried away & yet with holdyth & deteynyth the same contrary to . . .^ (cu)stomes lawe & good conscyence, and where as also one Thomas Person was seasid & had to hym after the custome of the said manour one cotage with thappurtenaunces lyeng with yn the said manour & so sei(sed) . . .^ (acc)ordyng to the custome there vsed surrendered the same by the yeldyng of one moote yn to the handes of one William Scote tenaunt of the said manour to the behouff of one Eichard Person one of your said subiectes & son to the said Thomas Parson, which surrender was presented by the homage of the said lordshipp at the Courte nexte ensueng the deith of the said Thomas Person, & the said lordes had an heriot by the deith of the said Thomas of the value of xxxiij s. & iiij d., and albeit the said Eicharde haith often tymes comme to the said lordes &; offered them the olde fyne for the said cotage accordyng ^ the custome of the said manour & requyred a copie & to be admytted tenaunt therof. which to do the said lordes haue denyed onles the said Eicharde wold make suche grett excesse fyne therof as they haue therupon sett clere contrary to the custome of the said manour, by reason therof the said William Fraunces haith now entred yn to the said cotage & wrongfully expelled & put oute the said Eicharde from the same & the said cotage there now doith occupie & the profyttes of the said cotage not only takyth & conuertith to there awne proper vse, but also takyth the yerely rent dewe for the same contrary to all quyte & good conscience. Maye it therfore pleyse your gracyous hieghnes the premyssis con- sidered to graunte to your said poore Subiectes your gracyous write of privie seale to be directed to the said William Fraunces & Eicharde Warre commaundyng them & euerye of them by the same personally
' MS. mutilated. ^ Either ix. or x., the MS. being muti-
2 March 25, 1543. lated. ' Sic.
104 COURT OF REQUESTS
to appere before your hieghnes & your most honorable Counsell yn youre gracis honorable Courte of requeste yn the White Halle at a certeyn day & vncler a ceteyn ' payn by your hieghnes to be lymyted & appoynted & then & there to make answere ynto the premyssis & ferder to stande to abide & obey all such order & jugement concern- yng the premyssis as schalbe thought by your gracys hieghnes & your moste honorable counsell most resonable accordyng to right equytie & justice & your said poore Subiectes schall dayly pray to God for the preservacon of your most Eoiall estate longe to endure.
E. C.'' Endorsed. (Tenen)tes de Bradley ' uersus Fraunces.
xj" die Februarii anno regni regis xxxv'".'
Committatur causa ista ex consensu partium Eeuerendo in Xpo patri episcopo de Bath-* & Hugoni Paullet'^ militi Willelmo Porteman seruienti ad legem'' & Thome Dier^ armigero uel tribus eorum ad recipiendum responsum Eicardi Warre super juramentum suum et etiam ad examinandum veritatem de omnibus articulis infraspecifi- catis et super inde finaliter determinandum partibus vocatis cum testibus iuratis alioquin ad certificandum consilio domini Eegis iuxia
' Sic. a grant of an annuity for life out of the
" Initials of counsel ; possibly Eobert manor or lordship of Charleton Camvyle
Curson of Lincoln's Inn, appointed a Baron super Horethowdon, Somerset (S. P. Dom.
of the Exchequer in 1547. Foss, v. 300. H. 8, v. 1370 [16]), and shortly afterwards
His name appears in full, ' Curson,' on the a lease of the manor itself (ib. 1G93 [Ij).
pleadings in Daryngton v. Chapman (1541), In 1539 he and his wife Frances for 280Z.
p. 61. received a grant in fee of the reversion of
^ 1544. a lease of lands in Essex, granted by the
* William Knight, LL.D., who had been monastery of Bylegh (ib. xiv. i. 904, 11),
much employed by Henry 8 in diplomatic and he appears in tiie accounts of the
missions abroad. He held the see from Court of Augmentations in the same year
1541-47. See ' Diet. Nat. Biog.' sub as a purchaser of monastic lands (ib. ii.
Knight. 236 [p. 72]). He was a creditor of Crom-
^ Sir Hugh Paulet, eldest son of Sir well tor 51. 12s. 6d., ' which he lent my
Amias Paulet (d. 1538). Sir Hugh was lord' in 1539 (ib. 782 [p. 342]). In the
knighted in 1537. He was a military same year, perhaps through Cromwell's
commander, and for twenty-four years influence, he obtained a grant of an annuity
after 1539 Governor of Jersey. He sat in of SI., issuing from certain lands in West-
the Parliament of 1572 for Somerset. He bucham and Netheraxe, Somerset, together
was lord of the manor of Sampford-Peverel, with the wardship and marriage of John,
Devonshire, and held lands at Upcroft and son and heir of William Thornborowe, the
Combe, Somerset; d. c. 1572. See ib. sm6 late owner (ib. 435 [37]). He was knighted
Paulet. in 1546 (Metcalfe, ' Book of Knights,' p. 91).
•* William Porteman, Eeader in the He was concerned with the settlement of
Middle Temple 1532 and 1540, King's the Protector Somerset's colony of Flemish
Serjeant Nov. 23, 1540, Justice of K. B. refugees at Glastonbury (S. P. Dom. E. 6,
1546, C. J. of Q. B. 1555, d. 1557. Foss's v. xiii. 74 [p. 37]). The last mention of
'Lives,' V. 387. He was from time to time him in the State Papers is in 1558, when
in the commission of the peace for Somer- he is described as of Sharpham, Somerset
set. 'Diet. Nat. Biog.' 57(6 Portman. (S. P. Dom. Mary, Addenda, vol. viii. 125
' Thomas Dyer, one of the stewards of [p. 483]). the King's chamber. In 1532 he received
COUET OF REQUESTS 105
compei'tum conscrlptis et subscriptis xv pasce proxima iungendo ' partibus ad comparendum eodem die sub pena c li,
Egbert Bowis.^
B. The awnswer of William Frauncys to the bill of complaynt
of Eychard Foureacre & Eychard Person.
The seyd defendaunt seythe that the said bill of complaynt ys false & vntrew & the mater ther in conteyned alonly fayned & ymagened to the intent to put the said defendaunt to vexacion costes and charges and is mater also determinable at the comen law and not in this honorable Courte wherunto he praythe to be remytted. Neuerthelesse the aduauntage therof to him beynge alwayes saued therfor declaracon of the trothe he sayth that tru hit is that the said defendaunt and the said Eychard Warre be seased of & in the said manor of Bradford wherof the said parcell of grounde called Mylhammys is parcell in ther demean as of fee of the whiche said parcell of ground called Milhammys the said Thomas Fouracre one of the said complaynantes was seased for terme of his lyffe by copie of courte rolle of the said manor after the custome of the said manor, and they so beinge therof seased at a courte holden within the said manor the last day of Maye last ^ past the hole homage of the said manor beinge then sworen presentyd the dethe of one Eychard Eows- well beinge at the tyme of his dethe a customary Tenaunt of a certeyn Tenement parcell of the said manor wherin he at the said tyme of his dethe dwellyd, And that the said Eychard Eowsewell at the tyme of his dethe was Tenaunt by copie of courte rolle of the said manor of another Tenement parcell of the said manor called Parkes & Furlonges, and that Alyce Eowsewell wedow late wyffe to the said Eychard Eowsewell ought to haue bothe the said twoo Tenementes duringe her wydowed ■* lyving chaste by the custome of the said manor, Whervppon one John Warre beinge then steward of the same manor declared vnto the said homage that the said Tenement called Parkes & Furlonges was parcell of certeyn land lyenge within the said man our called ouerland -^ the whiche land no wedow ought by the custome of the said manour to haue any parcell therof duringe her wydowed,'* and the
' Sic ; for iniungendo. and commonly are ancient dwelling- tene-
^ Sir Eobert Bowis, Bowes, or Bowj's, ments, and is held by a customary fine and
born c. 1495, d. 1554, a military conmian- rent certain, paying heriots and doing other
der and lawyer; Master of the Rolls in suits and services to the same belonging.
1553. See ' Diet. Nat. Biog.' sub Bowes. The Overland is that whereon in ancient
^ 31 May, 1543. ■* Sic. time there were no dwellings, and is held by
' Of the adjacent manor of Taunton, Col- a fine and rent certain and fealty; but the
linson says : ' In this manor there are two tenants thereof pay no heriots, and do no
sorts of lands, Bondland and Overland : The other customs, suit, or service for the same.'
Bondland is that whereon there have been ' History of Somerset ' (1791), iii. 233,
106 COURT OF REQLESTS
said Steward said to them that the said Alyce ought not therfor to haue the said tenement called Parkes & Furlonges duringe her wydowed, and then the said Steward commaunded them to present all other maters that they hade founds worthy to be presentyd, and for that that the said stuard wold not allow & graunt forthwyth that the said Alyce showld haue & enioye the said Tenement called Parkes & Furlonges duringe her wydowed accordinge to theyr surmysed custome all the said homage wherof the said Thomas Fouracre one of the said complaynauntes beinge the cheyfe contemptuowsly refused to present other materiall thinges & cawses the whiche they then had found worthy & mete at that tyme to be presentyd at the said courte, and in despyte of the said courte then also the same hole homage malicyously departyd, and after at a nother courte ther somoned to be holden within the said manor the eight day of July last ' past the said complaynauntes & dyuers other Tenauntes of the said manor declared & said vnto the said defendaunt that the custome of the said manor was that euery customary Tenaunt of the said manor mought yeld his Tenement to whom so euer he wold payenge therfor vnto the said defendaunt & the said Piychard Warre beinge lordes & owners of the same manor a steynt fyne, and also that euery wedow after the dethe of her husband being Tenaunt at the tyme of his dethe of any tenement or other lande parcell of the said land called ouerland lyenge wythin the said manor & also parcell of the said manor, ought to haue the same Tenement duringe her wydowed, and ferdermore yf ony Tenaunt of any Tenement or land beinge parcell of the said manor do dye havinge no wyffe at the tyme of his dethe & that hathe not yeldyd the same Tenement in his lyffe tyme to another person that then the yongest son yf ony suche be of the same Tenaunt and yf he haue no sone the yongest doughter ought to haue the same Tenement payng therfor to the lordes and owners of the same manor for the tyme beinge a steynt fyne, & required the said defendaunt forthewythe to graunte & allow to them the said three maters, Wherunto the said defendaunt sayd then to them that the custome of the said manor was not soo nor hit had neuer byn so vsyd within the said manor, and also the said defendaunt seyd to them that when so euer those said maters or any of them should happen to cum & be in varyaunce betwyn hem & any of the said Tenauntes that hit shold be then tryed by the law and accordinge vnto the same be dyrectyd & ordyred. And ferder he said that in the meane tyme that all other maters showld be vsed & contynued accordinge to the
" 1543.
COURT OF REQUESTS 107
custome of the said manor, and then the steward according to the forme of the law began to kepe the said courte & caused an Oyes to be made and so he contynued the kepinge of the same courte in dew order & forme vntyll that the said Tenauntes showld be sworen to ynquere accordinge to the vsage of all courte barons & other courtes to be holden & kepte within ony manor or lordship, And then the said stuard called the said Thomas Foureacre one of the said com- playnauntes and all other Tenauntes of the said manor to be sworen to inquere as they ought to doo, The whiche to doo the said com- playnaunt and all other the said Tenauntes of the said manor obstynatly & sturdyly then & ther refusyd, & said that vnlesse the said defendaunt & the said Ey chard Warre wold graunte them forthewythe & immedyatly that they showld haue and enyoye the commodytie of the said thre matters accordinge to thoir senester clayme & former request that they ne any of them woold be sworen at that courte but wold departe & so thervppon the said com- playnauntes & all the other Tenauntes aforesaid in dyspyte of the said courte departyd owt of & from the said courte, and after at another courte ther holden wythin the said manor the thyrd day of January last past ^ the ^ hole ^ homage ^ of ^ the said manor wherof the said Thomas Foureacre beynge cheyfe, by the same Thomas Foureacre, Henry Waye, Peter Ley & Thomas Davy, as foremen of the said homage, beynge sworen,'^ presentyd ^ that ^ at the said courte ther holden within the said manor the said last day of Maye the said homage for the cawse aforsaid dyd refuse to present, & departyd also owt of the said ^ courte ^ as ^ is ^ aforesaid ^ and ... ^ at the said courte ther holden the said viij day of July the said homage for the causes aforsaid refusyd to be sworen & departyd also eftesones owt of the said cour(te) . . J . . .^ maner & forme as is aforsaid, by force whereof & for that the said homage refusyd to present & also refusyd to be sworen, and ferdermore departyd owt of & from the said courtes in maner & forme as is aforesaid the said defendaunt commaundyd Hugh Sampford his seruaunt to entre into the said parcell of grounde called Mylhammys in the name & behalfe of the said defendaunt & to clayme & sease that same grounde to his vse as a forfeyture, by force of whiche commaundement the said Hugh Sampford as seruaunt to the said defendaunt & by his commaundement aforsaid entred into the said parcell of grounde & that claymed & seasyd to the vse of the said defendaunt & toke twoo coltes & twoo mares ther damages
' 1544. the same defence put in by R. Warre.
' MS. mutilated, but words restored from ^ Both MbS. here mutilated.
lOS COURT OF REQUESTS
fesaimt & them inpoundyd in a lawfull pounde wythin the said countie, as lawfull was for hem to doo, The whiche said coltes & mares remayneth in the same pounde, for that the said Thomas Foureacre hathe not nor will as he sayth fetche them owt of the same pounde by wryte of replegiare ^ according to the order of the law, And ferdermore the said defendaunt seythe that the said Thomas Person was possessed of the said cotage with thappurtenaunces & that same helde by copy of courte Eolle of the said manor for terme of his lyfe after the custome of the same manor, and he so beynge therof possessyd dyed, after whose dethe the said cotage with appurtenaunces reuertyd & came into the handes & possessyon of the said defendaunt by force wherof the said defendaunt entred into the said cotage wythe thappurtenaunces & the yssues rentes & proify tes therof haue taken as lawfull was for hem to doo, wythout that hit hathe byn vsyd tyme owt of mynde that euery Tenaunt of the said manor mought yelde gyve & graunte his customary Tenement to suche persons as shuld please hem to haue the same Tenement after the decesse of the Bar- gaynor by suche waye & meane & in maner & forme as is allegyd in the said bill of complaynt, or that ony suche fyne hathe byn vsyd & accustomed to be payd to the lordes & owners of the said manor vppon ony suche surmysed yeldynge. And the said defendaunt seythe that the said surmysed yelding of the said Tenementes within the said manor by the Tenauntes of the same Tenementes, yf ony suche were, ys of no effecte in the law, for he saythe that the said Tenauntes of the said Tenementes within the said maner be but Tenauntes of a bond tenure & hold the same Tenementes by copy of courte rolle but for terme of their lyves at the most after the custome of the said manor. And hit is agaynst all law reason equite that they that haue but estate for terme of lyves should graunt ony ferder or gretter estate then for terme of their own lyves, wherfor the said surmysed custome & vsage yf ony suche were as in dede there is not, beinge bothe agaynst the law & reason also ys voyde & of no effecte in the law. And ferder the said defendaunt seythe that when so euer ony Tenaunt of the said manor wolde graunte over his estate of & in ony Tenement that he had ther wythin the said manor to ony other person that he to whom ony suche graunt hathe byn made hathe euer vsed to agree with the lordes & owners of the said manor to pay to them such fynes & suche somes of money for the fynes as the said lordes &
' Eeplegiare de averiis, a writ brought by on surety given to the Sheriff to prosecute one whose cattle are distrained or put in the or answer the action at law. Fitzh. ' Nat. pound upon any course by another person Brev.' G8. G. Jacob, ' Law Diet.' (1732.)
COURT OF REQUESTS 109
owners of the same manor wold haue, aswell for the chaunge of the Tenauntes therof as also for a ferder estate therof to be hade yf they wold haue ony suche ferder estate, or that the same person to whom ony suche j^eldynge as is aforsaid hathe byn made hathe vsed to haue the same Tenement so yeldyd to hem in maner & forme as they haue allegyd in the said bill of comjjlaynt, or that ony wedow woman after the dethe of her husband beinge Tenaunt of ony Tenement or lands called ouerland parcell of the said manor ought to haue the same Tenement or lond duringe her wedowed by the custome of the same maner, or that the yongest son or the yongest doughter yf ther be no sone of ony Tenaunt of ony Tenement parcell of the said manor ought to haue the same Tenement that the said Tenaunt helde & hade in his lyffe for a stent fyne by the vsage & custome of the said manor but he saythe that the yongest son of the said Tenauntes yf they haue ony & yf not ther yongest doughter ought by the custome of the said manor to haue the said Tenementes after the dethe of their fathers agreynge with the lordes & owners of the said manor for the same & so payeng to them therfor as the said lordes & owners of the same manor wolde haue payd therfor. And ferdermore the said defendaunt seythe that euer sythen the said forfeytures of the said Tenementes of the said manor commyttyd by the Tenauntes therof as is aforsaid, That the said defendauntes & the said Eychard Warre haue refusyd the said Eentes goyng owt of the same Tenementes to be payd to them by the handes of the said Tenauntes for that that they wold not by the accepting of the said Eentes affirme the said Tenauntes to be Tenauntes of the said Tenementes at ony tyme after the said forfeytures of the said Tenementes by them commyttyt as is aforsaid, wherby they mought by the law be concludyd to take & haue aduauntage of the said forfytures or that the said defendaunt & the said Eychard Warre thretenethe the said Tenauntes to putt them owt of ther said holdinges & custumary Tenementes wythowt ony for- feyture by them commyttyd or in ony other maner or for ony other cause then for the said forfeytures as before is alleged, or that ony other materyall thinge conteynyd in the said bill not confessyd nor trauersed & avoydyd is • this aunswere ys tru, all whiche matiers the said defendaunt is redy to auer as this honorable Courte shall award and prayeth to be dysmyssyd owt of this Court wythe his Eeasonable costes & charges by hem susteynyd in this behalffe. E. C.^
^ Sic, for ' in.' ' See p. 104, n. 2, supra.
110 COURT OF REQUESTS
c. The Aunswere of Rycharde Warre to the byll of com-
playnt of Eycharde Foureacre & By chard Person.
A copy of the document b. mutatis mutandis.
Endorsed. The tenauntis of Bradford agamst Mr. Frannces &c. Continuatur est ' ista causa. "^
The xiiij*^ daye of May anno xxxvj*°^ it ys agreed and by Idnges consaill ordered touchyng the fine in certente nowe as trauerset that the complaynantes shall shewe the certente by name of v tenementes and what the fynes in certente therof be. And ouer this that the tenauntes of the maner within named shall paie all suche rentes as were due at the feaste of Thannunciacion of our Lady laste paste and befor with tharreraiges of the same reseruyng vnto the defendants all maner of advauntages notwithstandyng the Becepte of the said Bente and Arrerages.
D. The Beplicacion of Thomas Foureacre Henry Waye and
all other the Custumarye Tenauntes of the Manour of Bradforde.
The seyd Thomas Foureacre k Henry Waye wyth other the cus- tumarye tenauntes of Bradeford afforseyd seyen that the seyd Byll of Compleynt ys certeyn & trewe and the matter therin conteyned ys determynable yn this honorable courte & not feyned nor imagyned to put the seyd Defendauntes to vexacon costes nor charges nor for any suche Intente nor porpose And the compleynauntes for Beplycacion seyth & averryth all and euery thynge mencyoned yn the seid byll of compleynt to be good & true yn maner & forme as in there seyd Byll of compleynte ys truely allegyd. And further seyen that at the seyd courte holden wythyn the seyd manour the last day of May men- cyoned in the seid answere the holle homage of the seyd manour beynge then ther sworne And wherof John Eowswell Thomas Webber & all other the Tenauntes there presentyd amonges other thynges the deathe of one Richard Rouswell beynge a customarie tenaunte as well of a tenemente parcell of the seyd manour wherin he dwellyd at the tyme of his death as of another Tenement also parcell of the seyd manour callyd Parkes & Furlonges & that ther was an herryott due by his death to the lord of the seyd manour which was an oxe price therty thre shyllynges & foure pence which was to the seyd lordes
> Sic. that of the entry which follows.
^ This line in another hand, the same as ^ 1544.
COURT OF REQUESTS 111
truely contentyd & payd. And further they presentyd that Alyce Rouswell wydowe late wyffe to the seyd Eichard ought to have by ther seyd custome of the seyd manour both the seyd tenementes duryng her wydowhed she levynge chaste which seid juste matter so by the homage presentj^d the seyd John Warre then beyng steward there of the seyd manour wolde j^n no wyse receve nor take the same onlesse the seyd homage wolde leve oute of then- presentement the seyd wydowys astate of & yn the seyd Tenement callyd Parkes & Furlonges which was clere contrarye to ther seyd lawdable vsage & custome of tyme out of memorye of man vsyd & allowyd Wherfore and because ther was no other matters nor thynges to ther knowlege materiall to be presentyd at that tyme nor at lest no thynge nor thynges proponyd vnto the seyd homage by there seyd steward which they thought yn ther cons(cience) ^ (t)o ' be true therfore the seyd holle homage wythout any further presentement makyng pondering their othes to be kepte true yn euery thynge fyrme & stable departyd as well & lefull yt was for them to do. And the seyd . . . ^ wythin the space of vij days next & imedyately followyng the forseyd Court holden wythin the seyd manour as ys aforseyd sommoned and warned a newe court at which seyd court so sommoned the forseyd Thomas Foure(acre)^ ... - (o)ther ' the tenauntes of the same manour apperyd and at such tyme as the steward of the seyd courte commandyd the seid Tenauntes to be sworne they answeryd & seyd that at the last court holden wythin the seyd manour of Brad (ford)' (th)e ' seyd homage was ther then sworne to enquire for the Lordes and vpon that othe so by them taken they inquyred & at the same courte made presentment & relacon of the matter geven them yn charge to the seyd steward which (w)old ' not then receve ther seyd presentment and for that that of the charge geven to them at the same court they were not as yett dyschargyd they seyd were nowe redy to geve there verdytt of the premysses eftesones requyring the steward to receve the same, whyche to do he all ways denyed clerely contrary to the vsage & custome of the seid manour of Bradford forseyd Wherfore the homage then departyd, WITHOUT that that the seyd Thomas Fouracre or the seyd holle homage or any of them contemptuusly refuseid to present any mate- ryall thynges & causes which the seyd homage had founde or that the seyd Thomas Fouracre & all the hole homage or any of them eyther at the seyd fyrst curt or at the secunde maliciusly departyd in dyspyte of the seid court or obstinatly or sturdyly refused to be sworne at the seyd last court in manour & forme as yn the seyd answere ys
' Conjectural. MS. mutilated. - MS. mutilated.
112 COURT OF REQUESTS
slaunderusly & vntruely surmysed & allegyd, And wytliout that that euer hit was presentyd by the seyd Thomas Foureacre Henry Waj^e Peter Ley & Thomas Davye that the seyd homage of the seyd court for the causes mencyoned yn ' seid answere refusyd to be sworne to presente & departyd out of the same court yn manour & forme as yn the seyd answere ys also vntruley allegyd, And for that the seyd defendaunt hath confessyd his entre ynto the seyd grounde callyd mylhams which vpon his matter apperyth without tytle or good cause, And also hath confessyd the takyng of the seyd too coltes & ij mares and the wytholdyng of them also wythout cause, The seyd Thomas Foureacre prayeth aswell restytucion of the seyd grounde as of his bestes with his resonable damages for the worngefull ' taken & longe detaynynge of the same, Also the seyd Eichard Person prayth that forasmoche as the seyd defendaunt hath confessyd yn his seyd answere the seasyn & possession of the seyd Thomas father to the seyd Richard of the seyd cotage wythapportenaunces accordynge to the custome of the seyd manour & the surrender therof made by the seyd Thomas ynto the handes of the seyd Wylliam Scote tenaunte of the seyd manour to the vse & behouffe of the seyd Eichard Person by the yel- dynge of a mote accordynge to the custome of the same manour and made presentment of the same, & the receytt of the herryott after the deythe of the seyd Thomas & the proffere made by the seyd Eichard to the seyd defendaunt of the olde & accustomable fyne due of the seyd cotage that he may be therunto restoryd & that ^ may have the same at the lordes handes by copye of court rolle accordynge to the custome of the same manour paynge therfore the fyne & doynge the servyses of olde due & accustomyd wythyssues & proffettes confessyd to be taken by the seyd defendaunt euer sethyns the deyth of the seyd Thomas Person his father, also the seyd Thomas Fouracre, Henry Waye & all other the tenauntes ther averre & seye, that yt hath byn of olde custome vsyd wythyn the seyd manour that euery wydowe after the deathe of her housbonde beynge tenaunte shall come to the court next folloyng & be taken tenaunt duryng her wydowhed by the knowelege of a penye, by the olde vsuable custome of the seyd manour, And thervpon to make an yeldynge yf she lyst as ys aforseid by the deliueryng of a mote to any of the seyd tenauntes to the vse of them whom shall please her accordynge to the custome forseid Also by the same custome yf no yeldynge be made the yongyst sone or yongyst dorter & yf ther be no sone after the ' of the father or mother ought to to ^ have the tenement or bergen of his father or mother so departyd
' Sic.
COURT OF REQUESTS 113
by the olde fyne Without that hit hath byn vsyd of olde wythin the seyd nmnour that the son or dofter of any tenaunt ther of the seyd manour shuld paye or ought to paye to the seyd lordes for ther fathers tene- ment or bargeyn such somes of money as yt shall please the seyd lorde or lordes of the seyd manour to aske or demaunde yn manour & forme as yn the seyd answere ys also vntruely allegyd And wythout that yt hath by ' of old vsyd wythin the seyd manour that when so euer any tenaunt of the same manour wolde graunt ouer his astate, that such person to whome the graunt hath byn so made haue euer agreyd wyth the lordes & oners of the same manour to paye vnto them such sommes of money for ther fynes as the seyd lordes and owners wold haue yn manour & forme as yn the seyd answere ys also vntruely surmysed & allegyd, And wythout that any materiall thynge or thynges yn the seyd answere allegyd & in the replycacon not confessyd voydyd denyed or trauersyd ys true all which matters the seyd com- pleynantes are redy to prove as thys honorable court shall awarde & prayth that the seyd defendaunt may be compellj^d to receve ther rentes of ther seyd tenementes & that they may inyoe ther seyd laud- able customes And ferther prayth as yn the seid byll of compleynt they haue prayd. R. C.^
E. Intirrogatoryes concernynge a matter nowe dependynge yn
varyaunce yn our souereigne lorde the kynges honorable court of Whyte Hall betwene Thomas Fouracre Henry Waye & other the custumarye tenauntes of Bradford beyng pleyntyjffes & Wylliam Fraunces & Eichard Warre defen- dauntes Wherevpon the wyttnesses of the seyd Thomas Henry Waye & other the tenauntes there to beexamyned.
i Fyrste to enquyre whether the custome of the seyd manour of Bradford ys & tyme out of mynde hath byn that euery tenaunt beyng a customarye tenaunte of the same manour may yelde graunte & sur- render his customarye tenaunte ' or bargayne ynto the Lordes handes or ynto the handes of any customarye tenaunte of the same manour by one mote to the vse & behouffe of any of the chylder or any other such persons as shall please the tenaunte ye or no.
ij. Item whether by the same custome any customarye tenaunte of the seyd manour may surrender as ys aforseyd one acre parcell of his seyd customarye tenement or bargayn to the vse & behouffe of enye of his chyldern or to any suche person or persons as shall hym please and to such vse that the seyd person to whome such yeldynge ' Sic. 2 See p. 104, n. 2.
1
114 COURT OF REQUESTS
ys made shall have the seyd acre so yeldyd by the same custome to- gethers wyth the reuercion of the same tenement or bargeyn when hit shall falle by the surrender deth or forfeture of hym that dyd surrender yt ye or no.
iij. Item whether by the same custome the person or persons to whome such surren(der) (b)e ^ shall come vnto the lordys courte of the same manour & take the same tenemente or bargayn of the lorde accordynge to ther surrend(er) ' (so) ' made by copye of court roUe, payng therfore an vsuall fyne of olde accustomyd — ye or no.
iiij. Item whether any such surrendere hath byn of late made & copyes grauntyd accordynge — ye or no— & yf there hath byn by what lordes the seyd copyes hath byn grauntyd, howe maynye hath byn so graunted & what fynes the seyd grauntes haue payed.
V*''. Item yf such customarye tenaunt dye wythout yeldynge then whether by the same custome his wyff comyng to the lordes courte and proferryng her peny for one knowelege shall have her seyd housbondes tenemente with his appurtenaunces duryng her wydowhed & so longe as she lyvyth chaste paynge therfore such rentes & customes of olde due & accustomyd — ye or no.
vj*. Item yf such customarye tenaunt dye without yeldyng & havynge no wyff or after her decesse, whether by the same custome the seyd tenauntes yongystes son shall have his seyd tenement that was his fathers paynge therfore to the lorde the vsuall fyne of olde ther accustomyd — ye or no. And yf hit be, whether yt ys yn lyke manour for the yongyst dauffcer yf any such tenaunt have any daufter — ye or no.
vij*^ Item whether any such wedowes astate or the yongyst son & daufter have byn admytted tenauntes by the lordes of the seyd manour — ye or no yf any such hath byn howe many they were, and by whome they were so admytted.
viij*^. Item by howe longe the seyd custome so vsyd wythin the seyd maner hath conteynued wythout any interrupcon of any of the seyd lordes of the seyd manour.
ix*^. Item whether any of the seyd lordes of the same manour have euer denyed the seyd customes or no. And yf they have byn denyed what customes they were & by whome they were so denyed.
x**". Item whether before this tyme the seyd lande callyd ouerland by the same custome hath byn lett by copye or no & howe longe yt hath byn vsyd.
xi*''. Item whether the wydowe after the death of her housboude
' Conjectural. MS. mutilated.
COURT OF REQUESTS 115
beyng tenaunt may lawfully yelde her lancle to wliome shall please ner duryng her wydowhed or no.
xij'*'. Item whether the seyd Wylliam Fraunces esquyer dyd euer allowe the forseyd custome at any tyme sens his entre ynto the same manour or no. R. C.'
Endorsed. Interogaturis ex parte querentis.
F.^ John Hiirman of Bradford h(usbandman) of the age of
Ixx yeres or ther aboute beyng tenaunt to Mr. Fraunces.
To the fyrst Interrogatory he sayth as John Wey ^ hath said.
To the second he sayth as Wey hath said.
To the thyrd artycle he saith that the custome of old hath byn that they shulde haue ther tenementes for a vsuall fyne, but he saith that by the neclygens of the tenauntes & by the compulsyon of the lordes the fyne hath byn sumtymes alteryd, and also he sayth that sumtymes the fyne & the heryats be put togethers yn the copy wher})y the fyne hath byn raysyd. Also he sayth that the old custome hath byn that for a hole yeard land he shuld paye iiij li. to fyne & for xv acres tene- ment * xl s.
To the iiij"' article he bryngyth forth ij seuerall copyes one made to hym self by Nycolas Fraunces esquyer, & to ^ the other made before that tyme to Agnes Hyndeborough by John Fraunces esquyer whych seuerall copyes be entered before word by word.
To the v*^ & vj"' articles he sayth as Harry Wey '^ hath sayd.
To the vij''' he sayth that he hath knowne dyuerse wydows ad- myttyd to ther wydows estate by a peny accordyng to the custome aswell yn the tyme of Nycolas Fraunces father to this defendaunt, as yn the tyme of the sayd Wyllyam Fraunces defendaunt. And also he sayth that one Johan, now lyuyng beyng the yongest dowghter to one John Hawkyns deceasyd & now wyff to one Thomas Davy was admyttyd to the tenement of the sayd John Hawkyns her father as yongest dowghter to hym in the tyme of Nycolas Fraunces esquyer father to the sayd defendaunt.
To the viij*^ & ix''' he sayth that the said custome withyn the sayd manor hath contynued tyme out of mynd without Interruptyon vntyll ■
' See p. 104, n. 2. before the commissioners.
^ The sheets on which are these answers ^ This witness's evidence is missing.
to interrogatories are clearly an entirely * MS. ten.
different document from L, and apparently ^ Sic.
represent the draft depositions of witnesses ' See the evidence taken before the
whom it was not found necessary to produce Commissioners, L. p. 134, infra.
116 COURT OF BEQUESTS
now of late j^n the tyme of the said defendaunts who do denj- the tenauntes of all the said custome.
To the x**" he sayth as Henry Wey ^ hath sayd.
To the xj^'' he sayth that the wydow after the death of her husband bej'ng tenaunt may lawfully 3'eld her land to whom shall please her to apoynte duryng her wydowhood payng the acustomyd fyne.
To the xij*'' article he sayth that the said AVyllyam Fraunces syns he was lord of the sayd manor hath alowed & admyttyd the said cus- tome to dyuerse persones as the sayd He(nry) "Wey before hath sayd.
Ex parte defendaunt.-
To the fyrst second thyrd fourth & fyth he sayth as he hath aunswerj'd before.
To the vj"' & vij*'' he sayth yn all thyng as Harry Wey ' hath sayd.
Eobert Mere of Bradford h[usbandman] of the age of Ix yeres or Iher aboute tenaunt vnto Mr. Warr & Mr. Fraunces sworne & examynyd saith vpon hys oth.
To the fyrst & second Interrogatory he saith as John Hurman hath sayd.
To the iij*'' he sayth that they ought to have an acustomyd fyne & whether it hath byn broken or no he can not tell.
To the iiij*'' he saith that he hath knowne dyuerse surrenders & grauntes made but whether it was for the old fyne or no he knowyth not.
To the v*^ & vj"' he saith yn euery thyng as is conteyuyd in the sayd artycles.
To the vij'^ he saith that dyuerse wydows now alyue haue enj'oyed wydows estate yn ther bargayns & haue byn admyttyd by a peny accordyng to the custome of the sayd maner but he remem- beryth not yonger son nor yonger dowghter that haue byn admyttyd tenauntes or enyoyed ther bargaynes.
To the viij*^ & ix^'' he sayth as John Hurman hath said.
To the X*'' xi'^ & xij"' he saith as Hurman hath sayd.
Ex parte.^
To the fyrst second thyrd fourth Oi: fyth he said as Hurman hath sayd.
To the vi*'' & vij'^ he sayth he knowyth nothyng.
' See the evidence taken before the Cora- - See document g, p. 120, intra,
misbioners, L. p. 134, intra.
COURT OF REQUESTS 117
Kobert Smyth of Turle ' li[usbandman] of the age of Ix or ther about tenaunt to the bj^sshop of Wynchestre sworne & examynyd sayth vpon hys othe.
To the f3Tst & second he sayth as John Hurman hath sayd.
To the thyrd he sayth that he hath herd Sir Eichard Warr '^ saye that he neuer alteryd the fyne ther but he knowyth not that they shulde haue any stent fyne ther.
To the iiij**^ he knowyth nothyng.
To the V*'' Interrogatory he sayth yn euery thyng as is conteynyd yn the sayd Interrogatory.
To the vi"' be knowyth nothyng.
To the vij**" he sayth he hath knowen dyuerse wydows hath byn admyttyd acordyng to the custome, but as for the yonger sonnes & yonger dowghters to be admyttyd he knowyth not.
To the viij'^ & ix*'' artycles he sayth he hath herd that the sayd custome hath contynued by the space of ix score yeres or ther aboute.
To the x*'' & xj**" & xij*'' he sayth he knowyth nothyng.
John Byrte of Hylbysshopes b[usbandman] of the age of Ix yeres or ther about tenaunt to the bysshop of Wynchestre ^ sworne & examynyd sayth vpon hys oth.
To the fyrst & second he sayth that he hath herd saye yn euery thyng as Hurman hath sayd.
To the iij''*" & iiij*'' ar [tides] he sayth that yn the lyff of sir Eychard Warr ^ he beyng a mason workyng yn his howse he herd my lady Warr wyf''to the sayd sir Eychard & Eobert Pery hys servaunt demaund of the tenauntes of Bradford more mony to the fyne then had byn vsyd to be paj^d for ther bargaynes before.''
Whervpon the sayd tenauntes made sute to the sayd sir Eychard AVarr, and he sayd that he wolde not rayse ther fynes nor breke ther custome for half hys land.
' Now Trull, about three miles east of commission to inquire into Cardinal Wol-
Bradford. sey's lands in Somerset. He died in .Sfi H. 8
- Sir Eichard Warr, grandfather of the (1541-42). His eldest son and heir, Thomas
Eichard Warre, Esq., already mentioned Warre, died in the following year.
(p. 102, n. 2, supra) ; created a K.B. at the ^ The manor of Bishop's-Hull belonged
marriage of Prince Arthur in 1501 (Col- to the see of Winchester. CoUinson, iii.
linson's ' Somerset,' iii. 2(51) ; appears in the 255. Cf. p. 131, n. 1, infra.
commission ol tlie peace for Somerset in 1509 ' Joan, daughter of Sir John Hody, chief
and constantly after (S. P. Dom. H. 8, i. baron of the Exchequer, Sir Eichard's
2tt7, &c.). He was High Sheriff of the second wife.
County in 1511-12 (ib. 1949) and again ^ This sheet endorsed. Bradford ex parte
in 1539-40 (CoUinson, I.e.). In May 1522 tenendum comyssyon.
he was appointed a member of a commission Deposycons of the parte of Thomas
of inquiry into a complaint by a mason Foureacre & other playntyft'es ageynst
against the Prior of Taunton (S. P. Dom. William Fraunces and Eychard Warre
H. 8, ii. 2274). In 1530 he was one of a Esquyeres defendauntes.
118 COUPtT OF REQUESTS
To the v**" & vj"" articles he sayth by reporte of others yn euery thyng as is conteynyd yn the sayd Interrogatory and to the Eesydew of the article he knowyth nothyng.
John Gill of Hylbysshopes h[usbandman] tenaunt of Mr. Tanfeld of the age of 1 yers or ther about sworne & examynyd sayth vpon hys oth.
To the fyrst second iij"^^ iiij''^ v**" & vj**' articles he sayth that one Rychard Bluet ' steward of the sayd manour reportyd yn the presence of thys deponent & others, that the custome of Bradford was better then the custome of Taundeane,^ for he sayd that they myght yelde ther land to whom so euer it pleasyd them by the lordes assent, & surrender an acre drawyng the reuersyon, & that ther wydows shulde haue ther wydows estate payng a peny acordyng to the sayd custome, & that the yongest son & yongest dowghter of the tenaunt wher ther is no yeldyng before shulde enyoye the tenement. Also he sayth that one Harry Tanner had a yeldyng acordyng to the same custome as he hath herd saye, & that sir Rychard Warr toke an yeldyng of a bargayn yn Bradford beyng parcell of the sayd manour & afterward the sayd sir Rychard Warr graunted the sayd Bargayn to an other man for xl marks & dyd put yn to the copy but vj" acordyng to the old fyne, and to the resydew of the articles he knowyth nothyng.
Wyllyam Hyte of Hylbysshopes tenaunt to the bysshop of Wynchestre of the age of 1 yeres or ther about sworne & examynyd sayth vpon hys othe.
To the fyrst second iij'^'^ iiij**^ v*'^ & vj"^ he sayth yn euery thyng he hath herd saye as is ^ is conteynyd yn the sayd Interrogatories, and farther he sayth that Wyllyam Hyte hys father had a bargayn yn Bradford which he grauntyd to Edmond Roper, and at the tyme of the graunt hys father promysyd hym that he shulde paye no more mony to the fyne for it then he payd hym self for the fyne, & yf he payd any more then hys father sayd that he wolde pay it hym self for Roper, whervpon the said Roper dyd cum to the Court of Bradford & dyd take the bargayn ther at the same fyne that Wyllyam Hyte hys father payd for it, but what the fyne was he knowyth not. And farther sayth that one John Hawkyns yeldyd hys land to one Johane hys dowghter whych afterward toke to husband one Thomas Davy & hath now contynually the possessyon of the same. And to the resydew of the articles he knowyth nothyng.
' Eichard Wane had married Catharine, « I.e. Taunton-Deane. This manor 'ex- daughter of Sir Roger Blewett of Holcombe tends over five Hundreds and no less than in the county of Devon, lord of North twenty-six parishes, besides the town of Petherton (CoUinson, iii. 2<;2). The steward Taunton.' C. J. Elton, ' Origins of English was, therefore, probably a connexion by History ' (1882), p. 11)4. marriage. ^ Sic.
COURT OF REQUESTS 119
Thomas Slj^e of Westbucklond tenaunt to the bysshop of Bathe, & of the age of Ixx yers or ther about sworne & examynyd sayth vpon hys oth.
To the fyrst second & iij'''^ he sayth that the custome is that they may yelde ther land to whom so euer shall pleise them, by an acre drawyng the reuersyon, but whether the yongest son or yongest dowghter shall clayme it by the custome he knowyth not, & farther sayth that one Anstyce Brecher dyd yelde a tenement parcell of the said manour to Agnes her seruaunt, whych Agnes toke thought for.
To the fourth he sayth that yn the tyme of sir Kychard Warr, Nycolas Fraunces & Wyllyam Fraunces now defendants he hath knowne dyuerse surrenders & yeldynges made of the whych many of them have byn taken acordyng to the old fynes & some of the fynes liaue been raysyd.
To the v'l^ & vj"^ he sayth yn euery thyng as is conteynyd yn the sayd Interogatoryes.
To the vij"' he sayth that all wydowes haue byn admyttyd to ther wydowes estate by a peny, and that the yongest son or yongest dowghter wher no yeldyng is owght to have the tenement, but he sayth he knowyth of none such.
To the viij'^ & ix"' articles he sayth that the custome of the said monour hath euer so contynued without any interuptyon vntyll now of late yn the tyme of the sayd Wyllyam Fraunces who doth denye the sayd tenauntes all the sayd customes.
To the x*"" he sayth that the landes callyd ouerland by the same custome hathe euer byn let by copy & that the wydows hane enyoyed ther wydows estate vpon the same aswell as vpon the old auster.'
To the xj*'' he sayth yn euery thyng as is conteynyd yn the sayd article.
To the xij^'' he sayth that the sayd Wyllyam Fraunces dyd euer alowe the foresayd customes syns hys entre yn to the sayd manor vntyll now of late abovt a ij yeres past.
Ex parte. ^
To the fyrst second thyrd iiij*^ & fyfte he sayth as he before hath sayd To the vi'** & vij*^ he sayth yn euery thyng as Thomas Davy ^ hath sayd.
• I.e. aster, land of the lord's demesne. 'P.Yinogra.doS, Villainage in E7igla7id, ^.56. See Villainage in England, 'Pol. Science ^ See document g., p. 120, infra.
Quarterly.'Dec. 1893,p. 663, by the writer; ^ See pp. 140-142, infra.
120 COURT OF REQUESTS
Symon Farwell of Hylbysshopes, tenaunt to the bysshop of Wynchester of the age of xl yeres or ther about sworne & examynyd sayth vpon hys othe.
To the fyrst & second he sayth yn euery thyiig as is cont ynyd yn the said Interrogatory.
To the thyrd Interrogatory he sayth that he thynkyth ther shulde be a vsuall & stent fyne yn the sayd manour but he sayth it hath byn sumtymes raysyd by the lord & other hys offycers.
To the iiij*'' Interrogatory he knowyth nothyng.
To the v**" he sayth by reporte yn euery thyng as is conteynyd yn the sayd article.
To the vj**" he sayth by reporte yn euery thyng as is conteynyd yn the sayd article.
To the vij*'' he sayth that the wyf of Thomas Davy was admyttyd tenaunt acordyng to the custome as yongest dowghter to her father. And farther he sayth by Eeporte that wydows shulde haue ther wydowes estate yn the ouerland as well as yn the old aster ^ & farther he knowyth not.
G. Interrogatoryes of the part of William Fraunces & Richard
Warre esquyers defendauntes agaynst Thomas Fowreacre & others plentyffes.
i. Fyrst whether by the custome of the manor of Bradeforde the Tenauntes of the seid manor may surrender ther custumary Tene- mentes vnto the handes of ony other customary Tenaunt of the same manor by one mote to the vse & behowffe of ony other person or nay.
ij. Item whether the seid Tenauntes may surrender ther seid Tenementes into ther iordes handes to the vse of ony other person by the seid custome withowt agreyng therfor with the same Iordes at ther pleasure or not & what persons haue inyoyed the same tenementes so surrendred without agreyng with the seid Iordes therfore.
iij. Item whither the seid Tenauntes haue vsed to haue the seid Tenementes vppon ony suche surrender as is aforeseid payng to the seid Iordes but a steynt or certeyn fyne.
iiij. Item whither the wedow women of the seid manor tyme owt of mynd haue vsed & owght to haue certeyn land called ouerlond after the deth of ther husbondes duryng ther wydowed by the seid custome of the seid manor or not.
' See p. 110, n. 1.
COURT OF REQUESTS 121
V. Item ^Yhithe^ the yongest sone or the yongest dowghter of eny of the seid Tenauntes yf they haue no sone haue vsed to haue the seid custumary Tenementes after the dethe of ther fathers & mothers heyng tenauntes therof, payng therfor to the seid lordes but a steynt & certeyn fyne, or not.'
vj. Item whither the seid Tenauntes of the seid maner beyng sworen to present aU thynges worthy & mete to be presentyd at a courte ther holden within the seid manor the last day of may anno xxxv*° Henrici Octaui ^ &c refused to present eny thyng that was then to be presentyd by them or not & yf they dyd for what cawse they dyd hit.
vij. Item whether the seid Tenauntes at a courte somoned to be holden within the said manor the viij day of July anno xxxv*° Henrici viij ^ &c refused to be sworen to inquyre of such thynges as they before that tyme haue vsed to be sworen to inquyre of by the custome of the said manor, & wold not at that tyme be sworen, but departyd owt of & from the seid court vnsworen, or not, & yf they so dyd, wher- for they dyd hit & for what causes & porposes they dyd hit.
R. C.
Endorsed. Interrogatories ex parte defendants et auxi deposieions examinandum sur susdits les articles.
H.^ — Robert Rowsewell John Rowsewell Thomas Jamys & Thomas Pavy sworne & [examynyd] " [say] ^ that by the commaundement of the lordes steward ther was a court summonyd [to be]'* kept [atj^ Bradford the thyrde day of January last past, whervpon thes deponentes & all other tenauntes of the sayd maner the same day commaundyd the Reve to pele the bell agaynst the courte acordyng to ther custome, and after an oey^ made ther & fynes & proseses callyd & the homages callyd both of Bradford & Heale to gethers & sworne before John Warr steward & also the Reve sworne ther for hys offyce they had ther charge gevyn to them vpon ij poyntes folowyng, the fyrst is why they had not made ther whole presentment at a court holden ther the last day of maye yn the sayd xxxv*"^ yere of the Raygn of the kyng,*' the second poynt was, why they wolde not be sworne at the next court holden ther the viij"' day of June folowyng yn the sayd xxxv"'
' All the above five interrogatories are which contains the answers to the whole
struck through by three vertical lines. body of the defendants' interrogatories as
- 1543. given before the Commissioners. See p.
■' These depositions apparently deal with 115, note 2 to f, supra, the uncancelled i)art of g, viz. vj and vij. ' Conjectural. MS. mutilated.
Tney are a distluct document from l, ^ Oyez. ** 1543.
122 COURT OF REQUESTS
yere. Whervppon the sayd tenauntes gave aunswer that it was don because the lordes & ther offyeers wolde not alow ther yeldyng stent fynes & wydows estates yn the ouerlandes whych they ought to haue by the custome, and therfore they consyderyng that ther othes & charge restyd to present nothyng but the trueth accordyng to ther custome and ther customes beyng denyed to them they departyd so from thes sayd ij courtes, saymg also that by ther custome they owght to haue but ij courtes yn one yere & then vpon the sayd presentment made by them at the sayd thyrd court they were bydden to departe immedyatly, & then it was sayd to them also by Mr. Mychaell Mallet beyng ther yn the Behalf of the sayd lordes that they shuld take the sayd thyrd court for no court.
I.— Yff hyt maye please your good lordshipp and other off the kynges maiestys ryght honorabell councell to be aduertysed that apon complaynt made to me twelmonethes past by the custumary Tenauntes off the manor off Bradford, Wherof master Warre & master Frances be lordes, off certene wronges dune to them agaynst the old custome off the sayd manor, I dyd wryte vnto master Frances they myght enioye ther old customes & vsages as they and all other leke Tenauntes have vsed tymes past, and for the same in advoyding off ther further vexacyon costes and charges they wer content to geue to him a convenyent pleasure as by me shuld be thought resonable, wherto he wold not assent, but wold attempt the lawe agaynst them. Whycch matter I do perceue nowe depindythe before your lordshipp & other the kynges councell, wherein as ther custumary boke & coppys doo appere vnto me, vnder your favors I thingke the sayd poure Tenauntes hetherto susteyne grett wronges, as more att large maye appere vnto you in a byll off' artycles here in enclosed, where in hyt dothe appere aswell what bond seruyce they doo vnto their lordes, as also what benyficyall customes they shuld have & vse for the same, whych customes in my opynyon their lordes be aswell bounden to suffer them to enioye as otherwyse to charge & force them to doo their l)ond seruyce, whych I doo not dowt but your good lordshipp & other off the councell concyderyng ther poverty & long vexacyon wyll marcyfully wey accordyng, as knowethe the holy Trynyte into whose tuycion I commytt you. Wrytten the xix'*" off Januarii.'
Yours to command
Thomas Denys.^
' I.e. 1544. ing to others nine, times High Sheriff of
= Sir Thomas Denys, b. c. 1480, d. c. Devonshire, knighted about 1515 (S. P.
1560, according to some lists seven, accord- Dom. H. 8, ii. 625) ; Commissioner of
COURT OF REQUESTS 123
Endorsed. To the Kyght reuerent father in God my lord bysshopp off Westmmster ' and syr Eobert Bowys ^ knyght and euery off them.
^ Here after foloythe the benyfyeyall eustomes apperteynyng vnto the Tenauntes oft" the manor oft' Bradford in the Countye of Somerset.
Fyrst the custumare Tenaunttes off Bradford haue vsed as hyt appereth by ther coppyH that yff anny take the reuercyon off anny off ther Tenures the Tenaunt shall surrender oon acre parcell oft" the Tenure to the vse off hym that takethe the reuercyon. Whych surrender shall drawe all the reuercyon off the tenement vnto the grauntee off the reuercyon, and that the fyne therfore to the lord shalbe no more then hathe byn in other takynges before off the reuercyon off the same tenure off old tyme accustomed.
Item hyt apperethe by ther coppys and custumary boke that they shuld paye noo heryottes but after the dethe oft' the tenaunttes, where as the Lordes nowe takethe heryottes fourthe with off the grauntee off the reuercyon apon the surrender off oon acre as above sayd contrary to the sayd custome.
Item that after the dethe off anny wydoer or wydow ther youngest Sonne or youngest doughter shall haue the Tenement off hys father and mother, paying no more to the lord for a fyne then after the custome oft" the sayd manor.
Here after folowethe the bond seruices that the Tenaunttes off the manor off Bradford ar bownde to doo for & in concyderacyon oft" ther above sayd beneficyall custommes.
Item att the chaunge off euery lord when soo euer the nue lord or his depute cummythe to take possessyon off the manor aforesayd, the hole homage shall cumme in open Courte and doo fealte vnto the lord and geue hym ij s. for a knowledge.
Item the tenaunttes ar bounde not to sell ther horsses oxen and swyne off the male kynde wythout the lordes lycens, yff the lordes wyll by them and geue asmytche as a nother wyll.
Assize at Exeter in 1533 (ib. vi. 544) ; ' Monast.' iii. 376). Cp. pp. 15, n. 1 ; 50 n.
recorder of Exeter 1514-44; much em- 3, supra. See further ' Diet! Nat.' Bio'g.''
ployed by Cromwell (ib. xiii. i. 453, ii. 1280, szib Dennis.
f. 35, xiv. i.398),to whom in 1538 he wrote ' The Bishop of Westminster was Thomas
a characteristic letter disavowing imputa- Thirlby, 1540 50. In 1550 he resigned
lions of disloyalty and of opposition to the bishopric and was translated to Nor-
the King's supremacy (ib. xiii. i. 12^) ; wich, and thence to Ely in 1554. He was
appointed a member of the Council in the deprived in 1559, and died at Lambeth in
West in 153'J (ib. xiv. i. 743) ; chancellor 1570. Dugd. ' Monast.' i. 280 ; Le Neve
of Anne of Cleves in 1539; a grantee of 'Fasti,' i. 342. - See p.'l05 n. 2. '
monastic lands (ib. xiv. ii. 236 ; Dugd. '■' On a separate paper.
124 COURT OF REQUESTS
Item the tenaunttes ar bounde to fynde the lord a Reve and ij Tythyng men sutche as the homage shall answere for att ther perell.
Item the tenaunttes there shall not cause ther sonnes to resceue holly orders nor mary their doughters owt off the lordshipp wythowt the lordes lycens.
Item they ar bounde to paye vnto the lordes certene mone callyd hundred pence and also Peters pence, whj^ch mone thry paye att this daye amountyng to ix s. iiij d. sterling by the yere or ther abovttes.
Item in concyderacyon also to enioye pesably their above sayd customes hyt apperethe in their custumary boke that oon John off' Montague/ sumtymes lord off Bradford, granted vnto hys custumary tenaunttes that they shuld nott be charged wyth noo nue wrongfull seruyce, and for the same graunt and to thentent they myght pesably contynue in ther old seruyce wythowt Extorcyon or wrongfull com- pulcyon they gave vnto the lord and to hys heyres xx s, yerely, whych rent they paye att thys daye over and besydes the yerely rentt off' assyse off the sayd manor.
Endorsed. Articles approvyng custom.
J.— HEC2 SUNT CUSTUME ET CONSUETUDINES CUS- TUMARIORUM DE manerio de Bradford e tenendum in Bondagio ab antiquo vsitate que custume et consuetudines Sj^mon de Meryett^ dominus de Bradforde vult et concedit pro se heredibus vel assignatis suis esse firme et stabiles et non vlterius oneratis custumariis manerii predicti imperpetuum. DATUM apud Bradforde die lune m festo Natiuitatis beate Marie Virginis anno Regni Regis Edwardi tercii a conquesto xxvij"^
videlicet
IN PRIMO aduentu noui Domini dicti Manerii venientis in propria persona seu per alium notum locum eius tenentem ad seisinam ibidem debito modo capiendum et curiam in forma iuris tenendum totum homagium eiusdem Manerii veniet ibidem et laciet domino fidelitatem et dabunt ei nomine recognicionis duos solidos monete in partibus illis tunc vsualis tantumodo et non plus.
' Probably John de Montacute, second the Meryets, married John La Warre teinp.
son of Wilham de Montacute, first earl of E. 2, and in 15 11. 2 (13"J1-U2) the land of
Salisbury, who died 1344. the Meryets, on the death of her father,
- Sic. Sir John Meryet, i3assed to the family of
^ Simon de Meryet of Hestercombe inhe- La Warre. Collinson, ' Hist, of Somerset,'
rited the manor of Hestercombe in 19 E. 3 iii. 259.
(1345). Elizabeth Meryet, the heiress of ' Sept. 1353.
COURT OF REQUESTS 125
ITEM post decessum cuiuslibet Tenentis in bondagio liabentis viua aueria. Dominus eiusdem manerii habebit suum melius auerium nomine herietis. Etsi nullum habeat auerium viuum Dominus habebit loco herietis duos bussellos frumenti, si tenens ille frumentum habeat. Et si nullum frumentum habeat in domo nee in campis Dominus nihil percipiet nomine herietis. Et eadem consuetudo est de viduis decedentibus et huiusmodi tenencias possidentibus.
ITEM cum vir habens vxorem ac possidens huiusmodi tenenciam decesserit tunc vidua ilia vna cum homagio eiusdem manerii pro eadem manucapientes ' ad dictum tenementum competenter susten- tandum et reuenciones et seruicia inde debita et consueta fideliter faciendum veniet ad proximam curiam in eodem manerio tenendam et recipietur ad dictum tenementum tenendum absque fine inde domino faciendo, et si retinebit illud tenetur per totam viduitatem suam dum tam de corpore suo casta ac continens vidua permanserit. Set si de carnali copula in fornicacione seu in adulterio deprehensa conuicta fuerit, tunc dictum tenementum capietur in manus domini et sic remanebit donee ipsa voluntate domini super hoc fuerit con- sequuta.
ITEM si viduarius seu vidua tenens in bondagio pueros habeat, junior masculus dictorum puerorum post decessum dicti viduarii patris sui vel dicte vidue matris sue possidebit tenementum dicti decedentis per finem inde domino faciendum secundum con- suetudinem eiusdem manerii. Et si masculus puer nullus sit tunc iunior, de femellis eodem modo debet admitti ad huiusmodi tene- mentum secundum consuetudinem antedictam.
ITEM omiies tenentes dicti manerii liabentis' porcos inter festum sancti Michaelis et festum sancti Martini- proxime sequens per aliquod tempus ab hora nona diei dicti festi sancti Michaelis vsque festum sancti Martini dabunt domino nomine pannagii proquolibet porco superannato ij d. et proquolibet hoggotis i d. et pro porcello seperato ' a lacte obolum. Set si lactantes fuerint porcelli ad festum sancti Martini nihil dabunt de pannagio pro eisdem. Et si ahquis dictorum tenendum concelauerit porcos seu hoggetos vel porcellos a lacte separates tunc illi porci hoggeti et porcelli sic ut premittitur concelati ad voluntatem domini erunt. Et pro pannagio antedicto omnes porci dictorum tenencium cuiuscunque etatis fuerint ibunt in omnibus boscis ac campis et terris dominicis ibidem per totum tempus antedictum absque attachiamentis et absque amerciamentis preter in gardino domini.
' Sic. - Sept. 29 -Nov. 11.
126 COURT OF REQUESTS
ITEM omnes custumarii predict! in bondagio debent communicare cum omnimodis animalibus et pecoribus suis pascendo ilia omni tempore anni in omnibus viis dicti manerii absque calumnia preter in vna via nominata Long lane scilicet a Badinghulle Stighele ' vsque terram gardinarii.
ITEM omnes predicti teuentes possunt disponere et facere de arboribus quibuscunque in tenementis eorum crescentibus ac existentibus ad voluntatem eorum quicquid viderint melius expedire scilicet preter de quercubus et fraxinis quas non debent prosternere sine licencia domini seu Balliui sui, nisi pro housebote ^ et heybote ^ videlicet pro edificacione ac reparacione domorum carrorum carectarum carucarum cum apparatu et pro aliis necessariis ad dicta tenementa spectantibus.
ITEM quilibet dictorum tenencium si indigeat potest tradere terram suam vicinis suis ad colendum et ad campipartem set non extraneis,
ITEM omnes tenentes predicti debent eligere ex sibi^ ipsis vnum prepositum competentem eorum periculo ad seruiendum domino in eodem manerio in officium prepositure cuius actibus respondere veluit et etiam duos decennarios pro duabus decennis dicti manerii scilicet Bradforde et Hele eodem modo debent eligere. Et iidem decennarii respondere debent pro toto homagio in quibuscunque curiis hundredis et comitatibus quandocunque et quotienscunque necesse fuerit pro eorum communibus negotiis. Etsi dicti decennarii seu totum homagium amerciamenti "* fuerint in communi tunc iidem decennarii leuare debent huiusmodi amerciamenta communia scilicet vterque de decennariis sua propria et erunt quieti de hundredo tam et peter speny et vterque eorum habebit vnum porcum quietum de pannagio. Et predictus prepositus habebit iiij'"' porcos de panagio quietos et percipiet de domino singulis annis sex solidos monete pro peruicio suo in denariis vel nomine allocancie responsi sui sex solidos monete tunc ibidem vsuales'' habebit etiam vnum afferum ad fenum domini in yeme et in pastura domini in estate et erit quietus de hundredpeny et peterspeny et erit Stempnefry^ cum venerit ad molendinum dum fuerit prepositus. Habebit similiter comestum suum sumptibus Domini in mensa cum Balliuo dicti manerii toto tempore utriusque seminis tam hyemalis quam quadragesimalis et similiter toto tempore autumpnalis. Etsi
' I.e. stile, A.S. stigel. W. W. Skeat, So used in Wilts, Halliwell. ' In Cornwall
' Etymological Diet." 1882, s.v. a day's work is called a stem,' ib. The
* See p. Ixiv. supra. word stempnefry means probably exemption
* I.e. Haie-bote, or permission to take from a money payment representing a day's thorns to repair hedges. work ; cf. the use of ' boon,' to mend
* Sic. highways and ' boons,' highway rates, i.e.
* A.S. stemn, a period of time, Bosworth. rates representing the boon.
COURT OF REQUESTS 127
dominus eiusdem manerii ibidem prehendinauerit, seu moram traxerit predictus prepositus manducabit in aula domini ad mensam officia- riorum per totam moram domini ibidem. Etsi niiptie facte fuerint in dicto manerio preposito non invitato nee supplicato ad communium seu ad comestum, tunc idem prepositus habebit de eisdem nuptiis vj d. secundum consuetudinem dicti manerii.
ITEM omnes Natiui domini ibidem masculi sine tenentes fuerint sine non cum fuerint etatis duodecim annorum et amplius venient in plena curia et domino facient fidelitatem et quilibet eorum portabit domino annuatim ad festum purificacionis beate Marie ' Id. de capitagio qui dicitur the hundredpenie quamdiu vixerint et venient ad curiam domini ibidem bis per annum scilicet ad curiam de Hocked^ et ad curiam sancti Michaelis.^ Sed si graui infirmitate detenti vel alia racionabili de causa impediti fuerint ita que ad dictas curias venire non poterunt et sic presentatum fuerit per decennarium etsi homagium manucapere pro eis voluerit ad ducendum illos ad proximum Lawe Daye sequentem, tunc venient dum absentes alle- gaturi causam absentie eorum et si racionabilis fuerit recedant absque amerciamentis et predicti garciones non tenentur venire ad hundredum forinsecum nee vidue dicti manerii.
ITEM garciones Natiui de Haderdone ^ etatis predicte venient ad curiam domini apud Bradforde et facient domino fideliter^ et quilibet eorum dabit domino ad ilium eventum j d. et nunquam plus nee amplius venire tenentur ad dictam curiam.
ITEM quilibet vir tenens in bondagio post mortem vxoris sue non plus dabit pro peterspenie nisi obolum dum viduarius extiterit, eodem modo est de viduis que non plus dabunt ad peterspenie quam obolum. Sed vidue nihil dabunt ad hundredpenie. ITEM equi boues et porci masculi dictorum custumariorum in dicto manerio eisdem pullonati et vitulati seu porcellati et ibidem nutriti non vendantur absque licencia si dominus illos emere voluerit et pro eisdem sicut vnus extraneus tantum dare voluerit.
ITEM non licebit dictis custumariis filios suos ad sacros ordines recipiendos mittere nee filias suas extra dictum manerium maritare absque licentia. Sed infra id manerium bene possunt illos maritare absque licentia.
ITEM tempore domini Johannis de Mountagewe ^ recordatur vt*^ veri domini dicti manerii sex custumarii tunc tenentes in bondagio ne
' Feb. 2. •• Now Heatherton, a park about a mile
* Hock Tide began on the fifteenth day S.W. of Bradford,
after Easter Day. * Sic, apparently for fidelitatem.
= Sept. 29. • Reading doubtful.
128
COURT OF REQUESTS
onerentiir' de nouis seruiciis ininriosis sed quod obseruentur in antiquis cnstumis ac seruiciis supradictis et quod per eadem seruicia antiqua absque extorcione ac compulsione incuriosa pacifice ducantur imperpetuum dederunt predicto domino suo xx s. annuatim ad festum sancti Michaelis^ vnacuni redditu eiusdem termini soluendos et sic iunguntur cum predicto redditu et ideo redditus illius termini plus est in tanto quam redditus alicuius alterius termini.
SERUICIA compulsiua seu extorciones per cobercionem quo- rumdam dominorum contra consuetudiues manerii de Bradforde antiquas nouiter interducta — videlicet. Per cobercionem Tbome de Symeswurtbe aliquamdiu domini dicti manerii coacti fuerunt primo custumarii eiusdem manerii ad arandum warectandum et rebinandum secundum exigencias seasone seu temporis totam terram dominicam Apud Bradforde arabilem, scilicet vnusquisque eorum secundum quantitatem tenure sue. Sed nihil deberent arare nee aliquid intromittere de terris domino accidentibus Eacione Warde seu per viam adquisicionis. Et percipere debent proqualibet acra arrure vj d. Et similiter pro qualibet warectatione vj et pro qualibet acra rebinata v d. Item cariabunt blada et fenum cum carucis et carectis ^ et percipient pro caruca viij d. per diem & pro carecta vj d. per diem.
Eiulorsed. Bradforde. Ex parte Willelmi Fraunces & Eicardi Warre armigerorum defendentium.
Ex parte qiierentes.''
The three first ar- ticles of customes ar verified by an olde cus- tumarie made anno xxvij Edwardi iij.^
Heni'v Way cnstum- ary tenannt depositli tliis first article.
Thomas James eo- dem modo.
Thomas Davy te- namat eodem modo.
John Eosewell te- naimt eodem modo.
Thomas Webber eo- dem modo.
Robert Smythe of Turle ^ tenaunt to the
Bryef of the matter dependyng in variaunce be- twene the tenauntes of Bra- deford compleynauntes and Willyam Fraunces and Ei- chard Warre defendants.
The claymes of the said custumarye tenauntes of Bradeforde
First their copies befor lyff and they clayme to yelde or surrender ther
Ex parte defenden- t(ium).
The defendauntes to disprove the j-eldjTig shewith that one bar- gaynewas forfaited b^'- cause it was solde with- out the Lordes licence anno xxv'" ' Henrici viij.
And also shewith a Court Roll anno xx"" Edwardi iiij" ■* that after the dethe of one of the tenauntes the bargayue remayned in the lordes handes and comaundement geven to the Bailiff to
' Apparently an omission of a verb here.
2 Sept. 29.
' Perhaps caruca here = a four-wheeled waggon, as distinguished from a carecta which had two wheels.
Sic.
" 25 Jan. 1352—24 .Jan. 1353. " See p. 117, n. 1. ' April 22, 1533-April 21, 1534. « March 4, 1480-March 3, 1481.
Bisshop of Wj-nchester eodem modo.
Symond Farewell tenaunt to the Bisshop eodem modo.
Willyam Hite te- naunt to the Bishopp.
John Coll, John Scote, Thomas Slye.
COURT OF REQUESTS
tlierof to thuse of any of ther cliilderne or of any other persons to haue the same acre with the reuer- cion of the Residue when it falleth by deathe of hym that surrendred or by his forfaiture.
provyde naunt.
129
newe tfl-
Henry Way deposith also this ij'''' article and that X wydowes enyoye the same att this day within the said manour and it hathe byn al- lowed in the tyme of Richard Warre, Sir ' Nicholas Fraunces and Willyam Fraunces de- fendant.
Thomas James eo- dem modo.
John Rosewell eo- dem modo.
And if the tenaunt dye without yeldyng havyng wyff and childe his wiff shall have the bargayne without any fyne duryng tyme she lyvethe chast and mays yelde it at her plea- sure.
To dysprove Ouer- lande.
The defendauntes shewe dyuerse copies made of Overland to hold after the custome of Overland.
Nota for it provith it custumarie.
Henry Waye depo- sith also this Article.
Thomas James de- posith the same.
And John Rowse- well eodem modo and shewith that the wiff of Thomas Davy hadde her fathers bargayne in the tyme of Nicho- las Fraunces.
And if the tenaunt have no wifjf and have childern his yongest son or daughter shall have the bargayne by fyne accordyng to the cus- tome.
Henry Waye depo- sith this article and that Ouerland hathe been euer letten by copye.
Thomas James eo- dem modo.
John Mere eodem modo.
Robert Smyth eo- dem modo.
Robert Rowsewell eodem modo.
The said tenauntes clayme wydowes estates in the ouerland of the same Manour as-well as in ther hester ^ and also all other like customes.
To dysproue stynt fynes.
They defendauntes shewe dyuerse copies differyng in the fynes but neuer one witnes- sith but one tha(t) ' folowith,
* I.e. Aster.
» MS. tha.
130
COUET or REQUESTS
Henry Waye depo- sith this article and that some tyme it hathe been chaunged.
Thomas James eo- dem modo, and bryng- eth ftirth tenne copies provyng the same and the yeldeng of an acre drawing &c and saith that syns it hathe been enlarged as he thyne- kith by compnlcion of the Lordes and his officers.
The Customary prouyth a fyne accordyng to the custome The said Te- nauntes clayme to have co- pies att ther Lordes handes apon surrenders or after the dethe of ther aunceters paing therfore a vsuall or comon fyne calHd a stynt fyne.
Thomas Davy tenaunt deposith that all though it be trewe that they shulde paye butt stynt fynes yet hathe Tenauntes beyn dyf- ferred from ther bargaynes vntill they made the officers ther freendes and geve also by compulcon to the lorde more money then the ac- customed fynes.
John Eosewell deposith eodem modo and that Ri- chard Warr knyght bought a bargayne and sold it to Roper for xl" markes and entred the olde fyne in his Copie viz. iiij li. and shewith V. copies prouyng the stynt fyne.
Willyam Holcome deposith ther is no stynt fyne.
John Hite and Tho- mas Slye and all here- vnder wrytten to the contrary.
John Eosewell saieth the olde fyne for a yarde of lande shnlde paie iiij li. and for xv acres xl s.
Thomas Webbe de- posith the stynt fyne and also Robert Mere.
Nota also that ther is two copies of ix"* senerall bargaynes prouyng stynt fynes.
Henry Waye depo- sith that the defendant hath admytted Thomas Molyns, John Hynde- borowgb, Walter Co- lyns Thomas Hynde- borow Hugh Wyld- cokes with other, and also hathe admytted one Thomas Shute to have an yeldyng apon tlie same fyne his father paied afore hym.
Howe long thes customes have contynued and by what lordes they have been allowed broken or denyed.
Robert Smythe of Turle tenaunt to the Bisshopp of Wynchester saith that he harde Richard Warr saye he neuer altered fyne.
COURT OF REQUEST.^
131
Nota the said te- nauntespaye yerly xxs. ouer ther Rent to the Lorde for the advoyd- yngf of exaccon as ap- perith by ther custum- ary.
John Gill of Hibbishopes' liuse deposith he harde Ri- chard Blewid Stuard of the maiiour saye that the cus- tomes of this manour were better then the customes of Taundene.
Nota the Customary mak- ith no raencon of Overland.
Henry Waye depo- sith that at the same court the homage pre- sentid one AHce Rose- well to have her wy- dowes estate in the Ouerland accordyng to the custome and the Stuard refiised to re- ceive it and for that cause they departid and refused to present other thinges, and saieth that the Te- nauntes ought to ap- pere butt att ij Courtes in the j^ere and att the court holden the viij day of July they wolde have byn sworne if their customes were to them allowed and for denyell therof they depertid.
Pro parte defendentium.
Thes defendants clayme thes custumarie landes by forfeiture of ther Tenauntes and allegith the cause.
First that thes Tenauntes at a Court holden within the said manour the last day of Maye anno xxxv*"'' Henrici viij refused for to present for the lordes thinges worthie to be presented and from the said Court contemptuosly and malyciously departid. And in like maner att an other Court holden the viij day of July then next folow- yng they refusid to be to be''' sworne and to present for the Lorde and in like maner departid.
MighellMalett^ gen- tleman deposithe the refnsell of the Tenaun- tes to be sworne att the said Coi;rte more vehe- mently then ^ and so doith John Warre ^ the Stuarde ther, and other ij witnesses.
Thomas Davy depo- sith moehe like cause of refusell to be swourne and of tlie departyng.
And att the thirde Courte holden their iij'' die Janu- arii anno Henrici viij. xxxv^° ^ the homage being of
' Sic. Now Bishop's Hull, about a mile W. of Taunton. Cf. p. 117, n. 3, supra.
^ Probably a connexion of Kichard Warre, whose mother was Joan, daughter of William Malet of Eninore.
' Blank in MS.
* For this John Warre see p. 147, n. 3, infra. => 1543.
" Bic. repeated. " 1544.
k2
132 COURT OF REQUESTS
Robert Ro ewell, the said Teiiauntes pre-
John Rowsewell. Tho- , t ,i ^ \
mas James & Thomas rented the cause of ther
Davy deposithe the refucell to be sworne and
cause of refusell and ,, p J^^ ■ -,
departynge. ^"^ caiise 01 their depart- yng.
Endorsed. — A breff of the mater inter les plaintiffs et les defen- dants pleynement declare ut infra.
L.' Examination taken the xxix*'' daie of Marc-he anno regni
regis Henrici viij xxxv'" ^ before vs "William Busshopp of Bath,3 Hughe Pallet" knight, William Porteman," & Thomas Dier" esquier commissioners appoynted betwen Thomas Fom-eacre and Eichard Parsune playntiff and "William Fraunces and Eichard Warr defendauntes.
Primus Henri Waye of Bradford husbandman tenaunte to Mr. testis. Warre of thage of Ix yeres sworne and examined by the
said commissioners saieth vppon the interrogatories^ as
foloweth.
j. To the first interrogatorie he saieth that the custome of the manor of Bradforde for the tenauntes there is and tyme owt of mynde hath been according as is specified in the said article.
ij. To the second e Interrogatorie he saieth the custome is that the tenaunt may surrender according as is declared in the same article.
iij. To the thridde Interrogatorie he saieth that somme tymes the landes of the said manour hath been letten to the tenauntes of the said manour by there accustomed fynes and sometymes hit hath been lett for moore.
iiij. To the iiij"' he saieth that one *^ Stalynges was possessed
of a tenement in the saide manour according to the custome in the tyme of William Fraunces defendant and surrender ' an acre of the said tenement drawing the reuersion of the residew after his decesse to one Thomas Aplys by reason wherof the said Thomas doth now
' This document which is endorsed hand. See p. 104, n. 4, supra.
' Deposicions ' is quite distinct from the * See p. 104, nn. 5, 6, 7, supra,
sheets of answers to interrogatories (r), ■'' See document e, p. 113, supra. The
which perhaps represent evidence in the interrogatories on both sides to which this
hands of the parties not produced before and the following relate are now i)ut viva
the Court. voce before the commissioners.
'' 1544. '^ Blank in MS.
* This name interlined in the same ^ Sic.
COURT OF REQUESTS 133
enloye the said tenement but what fyne he payed for hit he can not tell And saieth that the said Aplys hath a copie therof made by the said defendant. And he saieth further that one John Hyndborowe, Walter Collyns, Thomas Hyndeborowe and Huge Wilcockes with other do now hold theyre tenementes vppon l^'ke surrenders made in the tyme of the said William Fraunces but what fynes any of theym 23ayed therfore he can not tell. And he saieth also that one William Hynde toke a lyke surrender of an acre in the tyme of Nicolas Fraunces fether to the said Wilham Fraunces and enioyeth the same vnto this daie, but what he payed to fyne therfore he knoweth not.
V. To the fifte he saieth the wydowes of the said manour haue enioyed theyir tenementes in maner and forme as is specified in the said v''' interrogatorie And he saieth that there be xij wydowes in the same manour that so do enioye the same at this daye.
vj. To the vj*^ he saieth that the customc of the said manor is that the yongest sonne or yongest doughter, if the tenaunte that dieth haue no sonne and die without anye yelding made to any other, shall haue and enyoie the tenement paying no more therfore than the vsuall and accustomed fyne.
vij. To the vij*'' Interrogatorie he saieth he hath herd saie that the yongest son and yongest doughter hath be admitted to theyre tene- mentes in fourm as is specified in the same, but he saieth he knoweth no suche in hys tyme. And further he saieth that in the tyme of sir Richard Warre knight deceased Nicolas Fraunces and the said William Fraunces diuerse wydows now lyvingto the nombre of xij or moo haue be admitted tenauntes and haue enioyed theyre tenementes with thappurtenauntes during the tyme of theyre wydowhedes according to the said custome.
viij^^' ix. To the viij"^ & ix**' he saieth the said custom hathe been euer vsed and never denyed by any of the lordes of the said manour but nowe of late in the tyme of the said defendauntes who doth nowe denye to the said tenauntes all theyr said customes except the enioying of the wydows estates vppon the customarie tenementes.
X. To the x.^^ he saieth that the over landes of the same manour haue be vsed to be letten by the copie of the court rowles tyme owt of mynd And that the wydowes haue enioyed theyr estates in the same as they have done in theyr customarie tenementes vnto now of late that hit hath been denyed by the said defendauntes.
xj. To the xj''> he saieth the wydowe after the dethe of her husband being tenaunte may lawfulle yelde her lande to whome hit shall please her during her wydowed.
134 COURT OF IlEQUESTt=
xij'^. To the xij*'' he saieth that the said alowed one Thomas Shute to haue one acre of the yeldmges of Wilham Shute his father her lyving drawing the reuersion of the residu after the deth of his said father, for the same fyne that his father payed befor.
The said Henrie Waye examyned vppon certein Interro- gatories ministred by the said defendauntes ' saieth.
j. To the first Interrogatorie he saieth as he saied before.
ij. To the seconde he saieth that they tenauntes maye surrender at theyre pleasure to anye persone agreing with the lordes reasonable according to theyre olde custom es.
iij. To the iij'^'' Interrogatorie he saieth that d3-verse of the tenauntes haue enioyed the tenementes by surrendre as is aforsaid summe paying tholde fyne and summe more, but he supposeth tbat the Lorde owght to take no more but theyre custome.
iiij. To the iiij*^ he saieth that the wydows haue vsed to have the overland during theyre wydowed as they haue had the olde Aster.
V. To the v*^ he saieth as he hath answered to the thrid article of thinterrogatories ministred by the said plaintiff.
vj. To the vj he saieth at the same courte holden there the last of May the xxxv*'' yere of our soveraign Lorde ^ they presented one Alice Eowsehall to have her wydowes estate in the over landes according to theyre custome, which the stewardes did refuse to receaue, And for that cause they tenauntes ^ refused to presente any other thynges whiche they shuld have presented.
vij. To the vij*'' he saieth that they tenauntes by theyre olde cus- tome owght to appere but ij courtes in the yere that is after Estur and Mighelmasse and that at a courte holden there the viij daie of Julie the yere aforesaid when the saide tenauntes were required by William Fraunces to be sworne to enquere vppon such thynges as they shuld be charged with all at the courte they said tenauntes made answer that if they might haue theyre customes for theyre yeldinges the stente fynes, and the wydows estates vppon the over landes alowed that then they were content to make an ende of the foresaid courte holden ther the last day of May before that, And vppon the denyall of theyr saide requestes by the said Wilham Fraunces they departed and wolde medle with nothing further concernyng the saide courte.
2. testis.
j. Thomas James of Bradford husbandman customarie tenaunt of
' See Documents g, p. 120, supra, aud e, p. 113, supra. • 1543. ^ Interlined.
COURT OF REQUESTS 135
thage of Ix yers tenaunt to Mr. Frauncis and Mr. Warre sworne and examined saieth that he hath dwelled in the said manor by the space of xl yeres, and he saieth that the custome is in everie tliinge as is conteyned in the first interrogatorie.'
ij. To the seconde Interrogatorie he saieth that all thinge is true therein conteigned according as Henrie Waye hath deposed.
iij. iiij. To the iij*^® and iiij*^'' Interrogatories he saieth in maner and fourme as therein is conteigned and bringethe forthe x diuerse copies for thapproving of the stent fyne and for yelding of one acre drawing the reversion of the residue which copies doth folowe.
Ad curiam manerii ibidem tentam penultimo die Maii anno regni regis septimi ^ post conquestum Anglie xviij° ^ sic irrotulatur : Ad banc venit Thomas James et cepit de domino videlicet de Nicholao Fraunces armigero vnam acram terre vocate Eome acre parcellam illius tenementi quod Thomasia ■* Large vidua modo ibidem tenet ; continet ferlingum ^ terre cum pertinentiis quam dicta Thomasia '' nuper in curia sursum reddidit in manum domini ad vsum Willelmi Large iam defuncti, attrahendo sibi reuersionem integri tenementi predicti cum acciderit vt post mortem rursum redditum vel foris- facturam predicte Thomasie * Large vidue Tenendum dictam acram eidem Thome James attrahendo sibi residuum integrum tenementi cum acciderit vt supra secundum consuetudinem manerii predicti per redditus consuetos et seruicia inde debita et de iure consueta cum acciderint vt supra. Et dat domino de fine pro dicta reuersione in hac forma habendum xlvi s. viij d. solvendos infra proximum compotum. Et sub hac forma admissus est tenens per occupacionem illius acre. Et fecit fidelitatem &c.
Et vlterius in eadem curia ex consensu dicti domini sic conuenit inter prefatam Thomasiam et Thomam James quod dictus Thomas James habebit occupationem dicti tenementi cum pertinentiis ad libitum et voluntatem dicte Thomasie in omnibus, ilia camera in australi parte aule omnino predicte Thomasie reseruata et excepta ac etiam liberum introitum ^ et exitum ^ ad aulam dicti tenementi toties quoties ei placuerit capiendum ibidem omnimoda aisiamenta sine impedimento vel contradictione dicti Thome James sen assigna-
' See Documents e, p. 113, and g, p. 120, (feiiingi) that are 40 perches long ' (F. W.
supra. Maitland, ' Domesday and Beyond ' (1897),
- Sic, Henrici omitted. p. 373). The ' furlong was currently equi-
^ 1503. valent to the Latin " cultura," or strip in
^Thomas with an • abbreviating mark. the common-fields' (ib. 380). See further,
In the following entry Thomasia in full. Coke, ' Inst.' i. 5 b ; H. Spelman, Glossary,
* 'In Domesday Book and thence on- sub' Acra ' ; and Du Cange, sub ' ferlingus.'
wards the common Latin for furlong is * Sic. Apparently for ' libero introitu
" quarentina," and this tells us of furrows reseruato,' &c.
136 COURT OF REQUESTS
torum suorum. Et dictiis Thomas James quamdiu dictum tenementum sic occupauerit supportabit omnia onera redditus et seruicia dicti tenementi domino ex antiquo incumbentia. Et insuper reddet sine dabit annuatim dicte Thomasie quamdiu dictum tenementum sic occupauerit iiij s. legalis monete Anglie ad quattuor anni terminos principales ibidem vsuales equis portionibus solvendos vel xiij s. iiij d. ad placitum et voluntatem dicte Thomasie durante tota vita sua. Et si dictus Thomas conuentiones predictas non compleuerit in omnibus tunc dicta Thomasia ad statum suum pristinum restituetur.
Ad curiam manerii ibidem tentam xv die ApriHs anno regni regis Henrici vij post conquestum AngHe xiiii*° * Irrotulatur : Ad banc cu- riam venit Thomasia ^ Large vidua et sursum reddidit in manum do- minorum videKcet MichaeHs Framices ac Roberti Stowell armigerorum Johannis Carnyck clerici et Johannis Moor de Columpton ^ feoffatorum ad vsum dicti Nicholai vnam aream terre vocatam Bineacre parcellam ilKus tenementi quod de dicto domino tenet ad vohmtatem ad opus et vsum Willelmi Large fihi dicte Thomasie attrahendo eidem Willehno residuum integrum tenementum predictum cum pertinenciis cum acci- derit vt post mortem sursum redditum vel forisfacturam predicte Thomasie. Et quo venit dictus Willelmus et dat dominis predictis de fine pro statu et ingressu suo habendo in dicta acra pro reuersione totius integri tenementi cum acciderit vt supra xlvj s. viij d. soluendos infra proximum compotum Tenendum dictam acram terre eidem Willelmo simul cum reuersione predicta cum pertinenciis cum acciderit vt supra ad terminum vite sue secundum consuetudinem manerii per redditus consuetudines et seruicia inde prius debita et de more con- Bueta Insuper Hcentia per dominum occupare residuum vel parcellam dicti tenementi cum dicto tenemento ad eius libitum et voluntatem Et sub hac forma admissus est inde tenens per occupacionem dicte acre attrahendo residuum cum acciderit et fecit fidelitatem etc.
Et vlterius in eadem curia Hcentia domini petitur et optenta sic convenit inter prefatam Thomasiam et Willelmum videhcet quod dictus Willelmus potest occupare tenementum predictum cum dicta Thomasia ad eius libitum et voluntatem in omnibus excepto tamen quod dicta Thomasia habebit principalis "* cameram in australi parte aule dicti tenementi pro se separatim cum libero introitu et exitu ad eandem ac eum liberum introitum et exitum ad aulam dicti tenementi capiendo ibidem omnimoda aisiamenta temporibus congressus sine im-
'1499. = In full. HenryVm. to Eichard Moore. D. Lysons
'The manor of Allen Peverell in the 'Devonshire ' (1822), p 127. parish of Columpton was granted by ^ Sic.
COURT OF REQUESTS 137
pedimento vel contradictione dicti Willelmi. Et dictus Willelmus reddet et acquietabit dicte Thomasie quamdiu dictum tenementum sic occupauerit de omnibus oneribus redditibus & seruiciis dominis dicti tenementi ex antique incumbentibus necnon reddet sine dabit per quarterum dicte Thomasie xij d. legalis monete anglie et sic ' dictus Wil- lelmus et Thomasia supradictam conuentionem concordare non possunt quod tunc dictus Willelmus reddet annuatim pro pensione dicte Tho- masie xiij s iiij d durante vita sua. Et si non tunc dicta Thomasia ad pristinum suum statum restituatur.
Ad curiam termini Michaelis ibidem tentam tertio die Septembris anno regni regis Eicardi tertii primo ^ irrotulatur : Ad hunc diem venit Agnes Hindborowe que de domino videHcet Johanne Fraunces armigero tenet j tenementum contenens dimidiam virgatam terre cum pertinenciis suis secundum consuetudinem manerii ibidem vnam acram terre parcelle ^ tenementi predicti sursum reddidit in manum domini ad opus Johannis Hyndeboroghe vnde accidit domino de herietto prout patet per finem sequentem. Et super hoc venit idem Johannes et dat domino de fine iiij hbras tam pro herietto predicto quam pro statu suo et ingressu habendo predictam acram vna cum reuersione tenementi predicti cum omnibus suis pertinentiis tenendum sibi ad terminum vite sue secundum consuetudinem manerii ibidem cum post mortem sursum redditum sine forisfacturam predicte Agnetis acciderit per redditus consuetos et seruicia inde prius debita et consueta. Et in hac forma per predictam acram idem Johannes admissus est inde tenens. Et fecit domino fidehtatem.
Ad curiam manerii ibidem tentam xix° Maii anno regni regis Henrici vij xxij° ^ sic Irrotulatur : Ad hunc diem venit Johannes Hurman et cepit de domino videHcet de Nicholao Fraunces armigero j tenementum continens dimidiam virgatam terre cum pertinenciis quod Alicia Hindboroghe nuper vxor Johannis Hindeboroughe prius ibidem tenuit Tenendum sibi ad terminum vite sue secundum con- suetudinem manerii per redditus consuetudines et seruicia inde debita et consueta. Et dat dicto domino tam pro statu et ingressu suo in predictis habendo quam pro herieto dicte Alicie modo vxoris dicti Johannis Hurman relaxando iij li. solutas pre manibus.
Et sub hac forma admissus est inde tenens, et fecit fidehtatem.
Ad curiam manerii ibidem tentam xxij° die Aprilis anno regni regis Edwardi quinti primo ^ Irrotulatur : Ad hunc diem venit Johannes Mawen et dat domino videHcet Johanni Fraunces armigero de fine xliij s. iiij d. pro statu suo et ingressu habendo in j tenementum ex
' Apparently for ' si.' = 1483. = Sic. * 1507. ' 1483.
138 COURT OF REQUESTS
antiqua tenura vocatum Cockes : continet j ferlingum ' terre cum suis pertinenciis simiil cum sex acris terre de Overland in Badwell dicto tenemento ab antique adiacentis Tenendum sibi dictum tenementum necnon dictas sex acras terre cum pertinenciis ad terminum vite sue secundum consuetudinem manerii ibidem per redditus consuetos et seruicia inde prius debita et consueta. Et sub hac forma admissus est inde tenens. Et fecit domino fidelitatem.
Ad curiam manerii ibidem tentam primo die Maii anno regni regis Henrici vij xix° ^ sic irrotulatur : Ad hunc ^ venit Willelmus Normann et dat domino videlicet Nicholao Fraunces armigero de fine xliij s. iiij d. pro statu suo et ingressu habendo in vno tenemento ex antiqua tenura vocato Cockes : continet j ferlingum terre cum suis pertinenciis cum sex acris terre de Overlandes in Badwell dicto tenemento ab antique adiacentis Tenendum sibi dictum tenementum necnon dictas sex acras terre cum pertinenciis ad terminum vite sue secundum consuetudinem manerii ibidem per redditus consuetudines et seruicia inde prius debita et consueta Et sub hac forma admissus est inde tenens Et fecit domino fidelitatem &c.
Ad curiam termino ]\[icliaelis ibidem tentam xiiij*" die Octobris anno regni regis Henrici vij primo * sic irrotulatur : Ad hunc diem ve:iit Anastasia filia Johannis Kowsewill junioris et dat domino de fine xl s. pro statu suo et ingressu habendo in j. tenementum vocatuDJ Thetchers cum suis pertinenciis tenendum sibi ad terminum vite sue secundum consuetudinem manerii ibidem per redditus consuetos et seruicia inde prius debita et consueta Et per dominum concessum est Johanni Eowsewell de Bradford dictum tenementum cum suis per- tinenciis tenere occupare et manuere ^ durante minori etate predicte Anastasie Et in hac forma admissus est inde tenens.
Ad curiam manerii ibidem tentam xxv° die Octobris anno regni regis Henrici vij xxiij''"'' sic irrotulatur: Ad hunc ^ venit Thomas James et cepit de domino videlicet de Nicholao Fraunces armigero illud tenementum cum pertinenciis continens ferlingum ' terre vocatum Thatchers quod Dauid Hewell prius ibidem tenuit Tenendum sibi dic- tum tenementum cum pertinenciis ad terminum vite sue secundum consuetudinem manerii per redditum consuetos et seruicia inde prius debita et de more consueta. Et dat domino de fine pro statu et in- gressu suo in predictus habendo xl s. Ac eciam predictus Thomas dat dicto domino pro licentia sibi habenda moram trahendi extra tene-
' See p. 135, n. 5, supra. * To manure, i.e. cultivate. Not in Du
2 1504. Cange.
^ Sic, ' diem ' omitted. ' 1507. ' 1485.
COURT OF REQUESTS 139
mentiim predictum xx d. consuetudine manerii ad hoc in contrario vsitata in aliquo non obstante. Et sub bac forma admissus est inde tenens et fecit fidelitatem.
Ad curiam manerii ibidem tentam xvij die Marcii anno regni regis Henrici vij xvij° ' sic irrotulatur : Ad banc venit Willelmus Shutes et cepit de domino videlicet de Nicbolao Frauncea vnam acram terre vocatam Bohey acram parcellam iliius tenementi continentem fer- lingum 2 terre cam pertinenciis in Hele quod Johannes Cbaplen modo de dicto domino ibidem tenuit quam quidem acram dictus Johannes Cbaplen in eadem curia sursum reddidit in manus domini ad vsum dicti Wiilelmi attrahendo sibi reuersionem integri tenementi predicti cum acciderit vt post mortem sursum redditum vel forisfacturam dicti Johannis Cbaplen Tenendum eidem Willelmo dictam acram una cum reuersione integri tenementi cum pertinenciis cum acciderit vt supra ad terminum vite sue secundum consuetudinem manerii predicti per redditus consuetos et seruicia inde prius debita et consueta cum acci- derit vt supra. Et dat domino de fine pro statu et ingressu suo in predictis habendo xl s. Et sub hac forma admissus est tenens per occupationem ilhus acre terre et fecit domino fidelitatem.
Ad curiam manerii ibidem tentam xxvj^'' Aprilis anno regni regis Henrici viij xxix° ' sic irrotulatur : Ad banc curiam venit Thomas Shute et cepit de domino videlicet Willelmo Frauncys armigero ex traditione sua propria reuersionem vnius tenementi modo in tenura Wiilelmi Shute patris sui Habendum et Tenendum reuersionem predictam ac tenementum predictum cum suis pertinenciis prefato Thome Shute ad Terminum vite secundum consuetudinem manerii ibidem cum post mortem sursum redditum dimissum vel forisfacturam predicti Wiilelmi Shute patris sui acciderit per redditus et seruicia inde prius debita et de more concessa. Et predictus Thomas dat domino de fine pro tali statu et ingressu habendo xl s. quos soluit dicto pre manibus Et sic admissus est inde tenens vt in reuersionem. Et eius fidelitas respectuatur quousque acciderit.
Willelmus Fraunces.
And further he saieth that the stent fynes haue be * sometyme enlarged, which he thinketh haue been by reason of forfet or by com- pulsion of the lordes and his officers.
V. To the v"^ Interrogatorie he saieth it is true lykwise as Henrie Waye hath deposed.
' 1502. = See p. loo, n. 5, supra. » 1537. * Sic.
140 COURT OF REQUESTS
vj. To the vj"' Interrogatorie he saieth as the said Henrie "Way hath predeposed.
vij. To the \ij^^ he saieth that he knoweth diuerse wydows that haue be ' admitted tenauntes and had theyre wydowes states ^ accord- ing as is specified in this Interrogatorie. And further he saieth that the younger sonne and younger doughter owght by the custome to be admitted for tholde stynt f^'ne, and that he knoweth Thomas Davye wiff ^ being the yongest doughter to John Hawkins decessed nowe ^ lyving admitted to her bargayne according to the custome, but whether she had hit for the stynt fyne or no he can not tell.
viij. ix. To the viij he saieth the saidcustomes haue euer continued withowt any disturbance and not interrupted by any of the lordes of the manour vnto the tyme of William Fraunces now lord ther.
X. To the x^^ he saieth as Henrie Waye before examined hath deposid.
xj. To the xj he saieth hit is true that is conteigned in his Interrogatorie.
xij. To the xij*'' he saieth that the said Wihiam Frances sith his entringe in to the said manour hath alawed the foresaid customs and taken surrenders vppon theym vnto nowe of late tyme that he doth denye the Tenauntes to haue diuerse of the said customes.
The same Thomas James examined vppon the Interroga- tories of the defendauntes ■* doth aunswere and deposith as foloweth.
To the first ij"^"^ iij iiij and v''' he saieth as the said Henrie Ways hath deposed.
To the vj**" and vij Interrogatories he saieth as is declared in the depositions of Thomas Dauye the witnesse vnder examined which Thomas wrote as the said wrote ' all the maner of theyre present- mentes and departing from they ^ cowrtes and the causes wherfore the homage departed.
Thomas Dane of Bradford husbandman tenaunte aswell to Mr. Fraunces as to Mr. Warre of thaige of xl yeres sworne and examined vppon the parte of Thomas Foreacre and other the Inhabitauntes there saieth as foloweth.
i. To the first Interrogatorie '^ he saieth that the custome is in
' Sic. ' These words interlined.
' ' Estates ' originally written, but the * Document c, p. 120, supra,
first ' e ' struck through. '" Document e, p. 113, supra.
COURT OF REQUESTS 141
maner and forme as conteigned in the said first Interrogatorie and as Henrie Waye hath deposed. •
ij. To the ij'^'' ^ he saieth that it is true lykewise as is declared there.
iij. To the iij*^® ^ Interrogatorie he saieth that althoughe it is true that thinhabitauntes of the said manour ought to haue theyre bargens after tholde stent fynes of olde tymes vsed, yet he saieth that they haue be dyverse tymes differred from theyr estates or bargens vnto suche tyme as they being poore men and not ^Yi^ing to stryve with theyre lordes were enforced to make thofficers of the Lordes theyre frendes and to giff theym sometyme a noble for theyre Labour, and afterward to gyff to the lord sometyme a noble or more above thaccustomed stynte fynes because they wold haue theyre right with quietnesse ^ in the tyme of Nicolas Fraunces ^ but he bileaveth they tenauntes had wronge in that behalf.
iiij. To the iiij article ^ he saieth as Thomas James his aforewitnesse hath deposid before to the seconde Interrogatorie and reserveth the prove therof to the copies shewed and exhibet by the saide Thomas James.
V. To the v"' article ^ he saieth that all in this article is true and * Henrie Way hath deposid.'
vj. To the vj*'' Interrogatorie ^ he saieth he beleaveth this Interro- gatorie be true and further he saieth he maried one Hawkins doughter which was the yongest doughter of Hawkyns by whome he owght to haue his bargeyne. And he saieth he could not comme to his state in his bargen vnto suche tyme as he gave to one Samford than offycer vj s. viij d. to bringe hit to passe And as he remembreth he gave to the Lord v li. for a fyne where before the stynte fyne was but iiij li.
vij. To the vij**^ Interrogatorie^ he saieth he hath knowen many wydowes admitted to theyre fermes and bargens within the said manour as is expressed in this Interrogatorie, and he saieth that the yonger Sonne or yonger doughtur of diuerse tenauntes hath be admitted after tholde custome to theyre tenement but he can not tell whether they haue had it for the olde stynte fyne or no, but he saieth he hath herd saie they owght to haue hit,
viij. ix. To the viij and ix Interrogatories "^ the said customes of the manor hath be obserued and kept at all tymes withowt interruption of any of the lordes vnto the tyme of William Fraunces and Mr. Warr now lordes of the manour.
' Document l, p. 132, supra. ' These words interlined.
^ Document e, p. 113, supra. ^ yic.
142 COURT OF REQUESTS
X. To the x"' article ' he saieth that the Lancles called over Landes by the same ciistome hath ever be let by copie with the cnstomarie landes and that the wydowes haue had theyre over landes with theyr custumarie landes lykewise.
xj. To the xj"' Interrogatorie ' he saieth that the wydowe after the deth of her husband being tenaunte may lawfulle yelde her tenement to whome hit please her after her wydowing withowt the lordes licence and withowt paing of any fyne.
xij. To the xij*^'' Interrogatorie' he saieth that the said William Framices sith his entre in to the said manour hath alowed the foresaid olde customes at somme tymes. and at other tymes he hath broken theym ayenst the will of the Tenauntes.
The said Thomas Davye examined vppon the interroga- tories purposed by the said defendauntes ^ saieth as foloweth.
To the first ij''*' thridde fourthe and fyfte he saieth as the said Henrie Waye hath before deposed.
To the vj*'' and vij''' interrogatorie this deponent saieth as was conteigned in a scedule of paper by hym showed theffect whereof foloweth that the tenauntes of the said manour of Bradford had a commandement of the Lordes of the manour aforesaid that is to sale Mr. William Fraunces and Richard Warre esquier to appere at the cowrte at Holie ride ^ tyde last past '* according to the custome And so they did and after they were sworne they gave theym charge to present nothing but all thing of truith according to right, and so they did, and then they ^ saide homage comme in to giff aunswere and ij men gave aunswere for the residue according to the custome by thassent of thole homage that is to sale John Eowsewell and Thomas AVebber. Than the stuard demaundet whether there was any custo- marie tenaunte deadde sith the last cowrte And than they presented the deth of Richard Rowsewell. Than the stuard enquired what advantage the Lorde shuld haue by his deth, than for his heriot had an oxe price xxxiij s. iiij d. which was contented and payed : furthermor enquered who that they fownde tenaunte, they presented the wydowe after custome and maner which the steward graunteth the bargeyn which she dwelleth in. Ferthermore she hathe an other bargeyn which she holdeth after custome and ^ maner whiche is called Parks
' Document e, p. 113, supra. '■' Sic, for 'rude ' (rooil\
^ Document g, p. 120, supra. * Sept. 14, 1543. ^ Sic.
COURT OF REQUESTS 143
and furlonges, and tenaunte ' presented her tenannte Ij'ke maner, but he wold not take her tenaunt according to tholde custome. Than the stuard commaunded that the homage shuld present ferther, and let that mater passe. Than the homage demaunded whether that he wold alowe her wydowe estate other no accordmg to the custome, and he gaue aunswere no. Wheruppon they considering theyre othes that they shuld present nothing but all of truthe, and forbecause they wold not alowe wydaws estates which is contrarie to the custom and was neuer seen the homage departed. And within viij dales folowinge the tenauntes had a commandement of the lordes aforesaid to appere at an other cowrte, and so they did to there commandement. Than wold they haue theym sworne ageyn. And ther was one of the lordes hym self personallie videlicet William Fraunces. Further the homage had a comunicacion with hym selfe of dyvers maters belonging to theyre customes, whiche he wold in no wise alowe after custome and maner as hit hath been of old, which hath been vsed tyme out of mynde. Wheruppon the homage departed agene Wheruppon he hath promised all the homage to dryve them owt of theyre bargens and to make forfet of all, and will take no rent of theym, and hath not sith owre Ladie daye in Lent. Also the said tenauntes have sent hym his rent by honest men with the reave and he will not receave hit.
Johannes Rowsewell of Bradford customarie tenaunte of Bradford to Mr. Warre one of the lordes of the said manour of thage of xlvijth ^ yeres sworne and examined vppon thinterrogatories purposed by the partie playntiif ^ saieth as foloweth.
j. ij. To the first and seconde Interrogatorie he saieth as he Henrie Waye hath deposid before.
iij. To the thridde he saieth that somme tymes the fynes of the tenementes haue be augmented frome tholde stynte fyne by inforce- ment of the lorde and his officers but that hath not be done by the consent of the hole tenauntes which he thinketh to be necessarie to be had, if the custome and stynte fyne shuld be chaunged
iiij. To theiiij*'' he saieth that sir Richard Warre knight late one of the lordes of the manour of Bradford did take one tenement there parcell of his landes by surrender to hym self and afterward the said sir Richard Warre did sel the saide bargyn or tenement to one Roper for the fyne of xl markes or there abowte. And that the saide sir
' Sic, apparently ' tenantry.' -' Sic. ' Document r., p. 113, supra.
144 COURT OF REQUESTS
Piichard Warre did expresse vppon the said copie made to Eoper but iiij li. wbiche was tholde stent fyne of the same. And in further affirmaunee ' the said v''' article he shewed and brought forthe v. seuerall copies of the tenour folowing.
Bradforde Warre. Ad curiam legalem Manerii ibidem tentam xiiij" die Nouembris Anno Eegni Eegis Henrici vij quarto ^ sic irrotulatur : Ad banc curiam venit Editha Atwey que de domino tenuit vnum tenementum continens dimidiam virgatam terre ex antiqua tenura cum pertinenciis. Vnam acram terre parcellam tenencie predicte sursum reddidit in manus domini ad opus Johannis Atway vnde accidit dommo de herieto prout patet fine sequenti et super hoc venit iidem^ Johannes Atway et dat domino de fine xlvj s. viij d. tarn pro herieto predicto quam pro statu suo et ingressu habendo in predicta acra terre vnacum reuersione sibi habenda in tenemento predicto cum suis pertinenciis, Tenendum sibi ad terminum vite sue secundum consuetudinem Manerii ibidem per redditus et seruicia inde prius debita et consueta cum post mortem sursum reddicionem sine forisfacturam Edithe Atway acciderit. Et in hac forma admissus est inde tenens per predictam acram terre nomine Eeuersionis pre- dicte. Et fecit domino fidehtatem. Datum per copiam EotuU die et anno supradicto.
Bradforde „* Ad curiam Manerii ibidem tentam ibidem* xv° die Aprihs anno Eegni Eegis Henrici vij ^ xiiij°*^ sic irrotulatur: Ad hanc venit Johannes Norton et cepit de domino videlicet de Nicholao Frauncis ac de Eoberto Stowell Johannis ^ Moore de Columpton et Johannis ^ Carnicke clerici ^ feoftatorum ad vsum dicti Nicholai vnum cotagium cum pertinenciis quod Johannes Poore prius ibidem tenuit Tenendum sibi dictum cotagium cum pertinenciis ad terminum vite sue secundum consuetudinem manerii per Eedditus consuetos et seruicia inde prius debita et de more consueta. Et dat domino de fine iij s. iiij d. soluendos infra proximum compotum. Et sic admissus est inde tenens et fecit domino fidehtatem.
Bradforde hele ^ scilicet. Ad curiam Manerii ibidem tentam xiiij" die mensis Aprilis anno Eegni Eegis Henrici vij' nono ^ sic irrotulatur : Ad hanc venit Johannes Powre et cepit de domino videlicet Nicholao Fraunces ac Johanne Carnicke clerico Eoberto Stowell armigero et Johanne Moore de Columpton feoffatis ad usum dicti
' Sic, ' of ' omitted. ' 141)9.
- 1491. ' Hele is about a mile and a half N.E. of
^ Sic. Bradford, in the direction of Taunton.
* Le. Warre. " 1494.
^ Sic, repeated.
COURT OF REQUESTS 145
Nicholai vnum cotagium cum suis pertinenciis quod Johannes Milward prius ibidem tenuit Tenendum sibi ad terminum vite sue secundum consuetudinem manerii per redditus consuetos et seruicia inde prius debita et de more consueta. Et dat de fine iij s. iiij d. soluendos infra compotum et sic admissus est inde tenens et fecit domino fidelitatem.
Bradforde & Heale. Ad curiam manerii ibidem tentam ix" die Julii anno Eegni Kegis Henrici viij"' xxv*° ^ sic irrotulatur : Ad banc curiam venit Nicholaus Atway et cepit de domino videlicet Eicardo Warre milite ex tradicione sua propria vnum tenementum contenens dimidiam virgatam terre cum suis pertinenciis nuper in tenura Alicie Atway matris sue habendum et tenendum tenementum predictum cum suis pertinenciis prefato Nicholao Atway ad terminum vite sue secundum consuetudinem manerii per redditus et seruicia inde prius debita et de more consueta. Et dat domino de fine pro taH statu et ingressu habendo xlvj s. viij d. soluendos prout patet billa domini. Et sic predictus Nicholaus admissus est inde &c.
Bradforde et Heale. Ad curiam Manerii ibidem tentam xxvij" die octobris Anno Regni Regis Henrici viij"' xxv*° ' Et ^ sic irrotulatur : Ad hanc curiam venit Thomas Applyn et cepit de domino videlicet Willelmo Frauncis ex tradicione sua propria Eeuersionem vnius tenementi et vnius cotagii cum pertinenciis modo in tenura Johannis Stallyns habendum et tenendum sibi ad terminum vite sue secundum consuetudinem Manerii ibidem cum post mortem sursum reddicionem dimissionem vel forisfacturam predicti Johannis Stallyns acciderit per redditus et seruicia inde prius debita et consueta. Etdat domino tam iiij li. iij s. iij d. pro finem ^ quam xx s. pro herieto Johannis Stallyns — ciij s. iiij d. Et sic admissus est inde tenens ad j acram vocatam Holdiche attrahendo sibi Eeuersionem integri Tenementi et cotagii predicti secundum consuetudinem manerii ibidem soluere finem predictum prout patet billa domini.
William Frauncys.
V. To the v"' ^ he saieth as Henrie Waye his predeponent hath said before.
vj. To the vj'*" ^ he saieth that the yongest sonne or yongest doughter if there be no sonne shuld haue the bargeyne if there were no yeldyng made before payng tholde stent fyne for the same, but he saieth he hath not knowne so ^ admitted there in his tyme, because that
' 1533. - Sic. '•' P. 133, supra. * Document e, p. 114, supra.
14G COUET OF REQUESTS
comenlie there is surrendre made before by the tenanntes in theyre lyves.
vij. To the vij*^ he saieth in lyke maner as Thomas Dave ^ hath before deposed.
viij. ix. To the viij*'' and ix*'' he saieth that the cnstomes above deposed bane be peaxable obserued tyme owt of mynde vnto the tyme of WilHam Fraunces now lorde there.
X. To the X*'' he saieth as Thomas Davj^e his predeponent hath before said ' and in ferther prove of the said article he shewed a copie of the lorde of the Manour in thiese wordes videHcet.
Ad curiam manerii ibidem tentam sexto die Maii anno rep;ni regis PTenrici viij"' decimo ^ sic irrotnlatur : Ad hunc ^ venit Eicardus Ilowsewell et cepit de domino videlicet Nicholao Fraunces armigero quandam parcellam terre dominicalis vocatam Parkes cum pertinenciis simul cum aliis parcellis terre de terra dominicali vocata Furlonges cum suis pertinenciis que Thomas James sursum reddidit in manus domiini ad vsum dicti Eicardi Tenendum sibi dictam parcellam terre cum pertinenciis vt overland ad terminum vite sue secundum con- suetudinem manerii per redditus consuetos et seruicia inde prius debita et de more consueta Et dat domino de fine pro statu et ingressu sao predicto habendo xx s. Et sub hac forma admissus est inde tenens et fecit fidelitatem.
xj. xij. To the xj and xij'*' he saieth as Thomas Davye his prede- ponent hath said before.'
The said Eowsewell being examined vppon thinterrogatories of the defendauntes "* saieth as foloweth.
To the said Interrogatories he being examined saiethe as is before deposid by his said felowes above rehersed, and as it is conteigned in the bill or writting of the saide Thomas Davye before shewed in this behalf.^
Thomas Webber of thage of Ix yeres custumarie tenaunte to Mr. Warre in the manour of Bradford sworne and examined as foloweth.
j. ii. iij. iiij. To the first ij''*' and iij'^'' iiij*'' *^ he saieth as John Eowsewell his predeponent saieth And further he saieth that the tenement wherin he now dwelleth in Bradford was surrendered to sir Eichard Warr knight by a mote by one Myller than tenaunte of the
' Pp. 140-142. - l^ilS. ^ I.e. diem. ' Document g., p. 120.
' Pp. 142, 143, supra. '■ Intcilined.
COUET OF REQUESTS 147
same, which sir lUchard War sold the same bargeyn to one John Eoper for what fyne he can not tell. And afterward this deponent toke the saide bargeyn of Roper by surrender and payed to the said sir Richard Warr for a fyne vj li. as appereth by his copie shewed in his examination whiclie vj li. as the same Roper shewed vnto this deponent was tholde stynte fyne.
To the v"' and residue of the said Interrogatories he saieth and agree th with John Rowsewell as he hath before deposed in all thinges.
The said Thomas Webber examined vppon the Interrogatories of the defendauntes saieth vnto all tharticles thereof as Thomas Davyes his felaue before examined doth depose.
Deinde xxx" Marcii anno regni regis Henrici 8 xxxviij' Michaell Mallet '^ generosus Johannes Warre de Chapleghe^ generosus "* Johannes Inglisshe yoman^ et Hugo Sampford generosus testes per defendentes super eorum interrogatoriis producti iurati et examinati dixerunt et deposuerunt vt in quibusdam scedulis eorum propriis nominibus signatis coram nobis exhibitis et dimissis constat. Quas deposiciones virtute iuramentorum suorum nos dicti commissionarii recepimus. Et statim Ricardus Warr Armiger '' exhibuit responsum suum in per- gameno scriptum, quod supplicationi responsioni et replicacioni a curia domini nostri regis nobis transmissis annectimus.
Michael Malet of Pruston Torell ^ in the countie of Somerset gentleman sworen & examyned seith that he was present at Bradeforde in the seid counte the viij**" day of July last past ^ wher & at which tyme ther was a court somoned to be holden by William Fraunces &
' The pleadings show that this should geri habentnr quicunque aliquo superiori
have been xxxv, i.e. 15'44. publico in Eepublica niunere funguntur, vel
" See p. 131, n. 2, supra. I'rincipi honestiori conditione famulantur.
^ The eldest son of Sir Eichard Warre Sed hoc Armigeri nomen, quod dim officii
by his second wife Joan Hody. See p. 117, tantum fuit, inter dignitatis titulos regnante
n. 3, supra. At this time J. W. was steward Ricardo secundo primum irrepsit.
of the manor. Seep. 131, supra, and p. 149, ' Generosi vel promiscue nobiles sunt, qui
infra. natalibus clari aut quos virtus aut fortuna
^ 'Armigeri priraarii hodie censentur qui e f aece hominum extulit.
sunt pro Principis corpora selecti. Secundo . • • • • . . . _
Equitum Auratorum filii natu maximi & ' Plebeii sive Yeomen, quos alii Ingenuos,
eorum itidem filii maximi successive. Ter- lex nostra homines legales dicit, & ex agris,
tiolocohabentur filii natu maximi minorum quos optimo jure tenent, quadraginta ad
filiorumBaronum (taliorumsuperioris ordi- minimum solidos quotannis colligunt.'
nis,quandoautem primogeniti masculi defi- Guil. Camdeni 'Britannia' (Amsterdam
ciunt, deficit una cum illis titulus. Quarto 1639), p. 71.
ordine sunt quibus Eex ipse cum titulo in- The assignment of ' Armiger ' to the eldest
signia donat, aut Armigeros creat, collum and ' generosus ' to the younger son is tes-
torque SS. vel sigmatico arpenteo & can- timony to the accuracy of Camden's account
didis & argentatis calcaribus exornans, of the usage.
unde hodie in occidentalibus Eegni partibus ^ Torrel's-Preston, Collinaon, ' Hist, of
vocantur Whitespurres, ad discrimen Equi- Somerset,' iii. 16. It now appears to form
tum Auratorum qui auratis calcaribus uti part of Preston Bowyer, about seven miles
Solent ; horumque primogenitis titulus W. of Taunton,
solummodo competit. Quinto loco Armi- •■ 1543.
l2
148 COURT OF REQUESTS
Eichard Warre Esquyers lordes of the manor of Bradeforde aforesaid, at which tyme before that the court was begone dyuers of the tenauntes of the seid manor seid vnto the seid WilHam Fraunees that euery Tenaunt of the seid manor mowght yeld his Tenement parcell of the seid manor to whom so euer hit wolde please hem payeng tberfor vnto the lorde therof a steynt fyne by the custome of the seid manor, And also that euery wedow after the dethe of her husbond tenaunt of ony Tenement of Ouerlond within the seid manor owght to haue the same tenement duryngher wydowed by the custome of the seid manor. And ferdermore that yf ony tenaunt of ony tenement parcell of the seid manor dyed withowt yelding the same tenement in his Ij^ffe to a nother person, that then his yongest sone, or bis yongest doughter yf the same tenaunt haue no sone, owght to haue the same tenement, payeng therfor to the lorde therof a steynt fyne, Whervnto the said William Fra-mces awnswered & seid, that all & euery of the same maters was contrary to the custome of the same manor, & that they owght not to haue ony of those maters by the custome of the seid manor, & seid ferder that whensoeuer ony of those maters showld happen to cum in varyaunces & in debate betwen hem & ony of the seid tenauntes that then the law showld determyn hit, & in the mean tyme he seid that he wold that all the seid tenauntes showld doo in all other maters as they had vsed before that tyme to be done theryn. Wheruppon the seid Tenauntes seid that yf the seid lordes wolde not graunt & allow the seid maters as they demaunded that they woold not be sworen at that court, & thervppon this deponent exhortyd the seid tenauntes to be sworen & to doo ther dutyes in all other maters as they owght to doo, & to suffer these maters that were then in varyaunces to be tryed by the order of the law when tyme shall happen, & ferder declared vnto them that althowgh the lordes of the seid manor wolde not graunt & allow the seid maters vnto them the which owght to be graunted & allowed yf ther seid custome soo were, yet that notwith- stondyng they cowld not lawfully refuse to be sworen at the seid court, & that yf they dyd so refuse to be sworen that then therby they woolde put them selffes in more daunger then they dyd knoo of. All this not- withstondyng for that that the lordes aforeseid woold not then forth- with graunt & allow to the seid tenauntes the seid three maters they refused to be sworen then & so departyd thens owt of the seid court. And after at another court ther holden the iij day of January last past ' the seid tenauntes beyng sworen presentyd in the presens of this deponent that for the cawse aforeseid the seid tenauntes refused
COURT OF REQUESTS 149
to be sworen at the seid court ther somoned to be holden the said viij'^ day of July ' in maner & forme as is aforeseid. And ferdermore they presentyd ther also in the presens of this deponent that at a nother court ther holden the last day of May last past ^ the said homage beyng sworen presentyd by Thomas Webber & John Rowse- well the dethe of one Eichard Eowsewell Tenaunt custumarye of a certeyn Tenement that he at the tyme of his dethe dwellyd in within ^ the seid manor & also tenaunt by copy of courte Rolle of a nother tenement ther called Parkes & Furlonges, And that Alice Eowsewell wedow late wyffe to the seid Eichard Eowsewell owght to haue bothe the seid twoo Tenementes duryng her wydowed by the custome of the seid manor wherevnto John Warre then steward awnswered that the said Alice Eowsewell owght not to haue the said tenement called Parkes & Furlonges duryng her wydowed by the custome of the seid manor for that the seid Tenement was ouerlond, whereof noo woman owght to haue her wydowes estate, And therfor commaundyd them to passe that mater oner & to present the Eesydew that they had found worthy to be "* presentyd at that tyme and for that the seid Steward woold not allow & graunt that the seid Alice Eowsewell showld haue the seid tenement called Parkes & Furlonges duryng her wydowed the seid homage then departed owt of the seid court & wolde present no more & more he knoweth not.
Per me Michaelem Malet.
John Warr of Chyplegh ^ yn the County of Somerset gentleman of thage of xlviij yeres sworn & examynyd the day & yer abovewryten sayth upon hys othe that he beyng stuerd of the sayd maner off Bradford kept a Courte at the same maner the last day of maii last past ' at whych Courte the homage off the sayd manor by John Eowsewell & Thomas Webber presentyd the deth off one Eichard Eowsewell & that at the tyme off his deth he held off William Fraunces one of the lordes of the sayd maner one tenemente with hys appur- tenaunces accordyng to the custome of the sayd manor &c & apon that Alyce wyft" oft" the sayd Eichard was acceptyd as tenaunt off the sayd tenement duryng hyr wydowed but was not admyttyd tenaunt for that she was not then present yn the Courte.
And at the same tyme they presentyd ferther that the same Eichard at the tyme of hys deth dyd hold of the sayd lordes certeyn parcells of ouerland callyd Parkes & Furlonges & presentyd the cleyme
' 1543. - 1544. ^ Sic. the rest being in dorso.
* Here at foot of leaf is ' verte folium,' ^ See p. 147, n. 3, supra.
150 COURT OF REQUESTS
of the sayd Alyce hj's wyff to have the saydparcells of oiierland duryng her wydowed. But thj8 deponent refusyd to admytt her tenaunt theroff for that hyt was ouerland as ys aforeseyd vntyll such tyme as sche schold agree wyth the lordes therfor. "WTierapon the sayd holle homage beyng examj-nyd what other thyng they hadd to present seyd that yff the sayd Alyce were not admyttyd tenaunt off the sayd ouerland, they wold make no ferther presentment & ev^-n so departyd yn Contempte of the sayd Courte. Also the sayd deponent seyth that apon the viij day of June then next folowyng ' he somonyd a nother Courte to be holden at the sayd manor at wych tyme the hole homage beyng assemblyd at the place wher the Courte ys accostomyd to be kept the oyez be ^ made accordyng to the order & vsage off the sayd Courte thys deponent callyd the sayd tenauntes to the boke to be sworne accordyng to theyr custome, & then the - askyd the sayd William Frances the lord beyng present whyther he wold allow the sayd wydowys estate yn the sayd ouerland & he sayd he wpld not so allow her onless sche wold agre with h^-m. Wherappon all the hole homage vtterly refvsed to be sworne & so ageyn departyd yn con- tempte of the sayd Courte.
Item he sayth further that he somenyd ihe sayd tenauntes to another Courte to be holden yn the sayd manor the iij day off Januarii last past, at whj'Ch Courte they wer all sworne & then the sayd deponent chargyd theym apon theyr othes to present whyther they dyd refuse to make theyr full presentment at the sayd Courte ther holden the last day off Mali & for what cawse & they confessyd that they departyd from the Courte before they hadd made ther hole presentment for that that the sayd deponent wold not admytt Alyce Eowsewell to her wydowys estate yn the sayd ouerlandes callyd Parke & Furlonges & they beyng ferther examynyd wherfor they refusyd to be sworne at the Courte ther holden the viij day off June ' before rehersyd say that for as much as the sayd lord wold not graunt the sayd wydowes estate & other customes by theym chalengyd they refusyd to be sworne & departyd the Courte.
Per me Johannem Warre.
John Inglysse of Netylcombe yn the sayd countey yoman off the age off xxxiiij yeres sworne & examynyd the day & yer above wryten sayth upon hys othe that he was present at the Courte holden at Bradford the last day off Maii last past & affirmyth all thynges before deposyd by the sayd John Warr concernyng the doyng at the same
' 1543. The pleadings show that 'June' should be 'July,' seep. 107, supra. - Sic.
COUliT OF IIEQUESTS 151
Courte to be true l)ut as concernyng the demeanur off the sayd tenauntes at any other Courte ther syth that tyme he knowyth nothyng theroff.
Per me JoHANNEM Englisshe.
Hugh Samford seruaunte of WiUiam Fraunces off Colme Floley ' yn the sayd county gentleman off the age of Ixiii yeres sworn e & examynyd the day and yer abovewryten sayth apon hys othe that he was present at all the sayde iij Courtes before spoken oft" yn the deposycyon off John Warr & aftirmyth the sayng off the said John \Varr yn euery thyug as hyt ys before deposyd to be true.
Per me Hugonem Sanford.
William Holcomb of Morton yn counte of Deuon yoman of thage Ix deposid & sworne sayth that he was vnder steward to master Kiehard Bleuatt the space of xvj yer and he neuer knew tenaunt of the same manor of Bradford to haue ther tenement at eny stent fine but that the said tenauntes did allwey agre wyth the lordes of the same manor at the lordes pleasur and ferther the said deponent knowyth not.
Per me Willelmum Holcomb.
Endorsed. ' Deposicions.'
M. Copies of Court Eolls put in on behalf of the defendants.
Curia legalis termini Sancti Michaelis archangeli tenta ibidem die Bradford Jovis in festo Sancti Michaelis monte'- anno regui regis Henrici sexti post conquestum Angiie tricesimo nono.^
1. Et quod Johannes Pury qui de domino tenuit videlicet de Pioberto Warre ^ armigero vnum tenementum vocatum a ferthyng to dysprova tenement cum suis pertinenciis diem suum clausit extremum vnde & tii^ steut accidit domino de herieto vna equa deliberata super quo venit Agnes relecta^ dicti Johannis & clamauit dictum tenementum ad terminum vite sue & ei conceditur secundum consuetudinem manerii dum sola &c Set ad liunc diem venit Johannes Gibbon & dat domino videlicet Pioberto Warre armigero de tine Ixiij s. iiij d. pro statu & ingressu habendo in toto predicto tenemento cum pertinenciis Tenendum eidem Johanni ad terminum vite sue secundum consuetudinem manerii per
' See p. 102, n. 1, supra. ' Sheriff of Somerset and Dorset, 36 H. 6
- Dedicatio S. Micbaelis iu moute Tumba. (1457-58); died 5 E. 4 (1465). Collinson,
Oct. 16. iii. 260.
' 1160. ^ bic.
tyue
Finis iijli. iij s. iiij d.
152 COURT OF REQUESTS
eadem reddicionem & seruicia que predictus Johannes Pury facere & reddere solebat Itaquod predictus Johannes Gibon permittit dictam Agnetam possidere & habere aulam & cameras in oriente parte dicti tenementi ac pomarium & dimidiam partem vnius parui gardini ibidem & soluendum dicte Agnete annuatim ad terminum vite sue xiij s. iiij d. ad quatuor anni terminos per equales porciones ac vnum plaustratum focahum annuatim et sic admissus est inde tenens & fecit domino fidehtatem.
vij" die Aprilis.
Bradford 2. Curia manerii ibidem tenta ' xj""" die Octobris ' anno regni regis
Henrici septimi quintodecimo.''^
Ad hanc curiam^ venit Johannes Hervo Et cepit de domino videHcet Eicardo Warre'' armigero j tenementum cum suis^ per- tinenciis de antiquo astro quod ahcia Gibyns vidua prius ibidem tenuit Tenendum sibi dictum tenementum cum pertinenciis ad ter- minum vite sue secundum consuetudinem manerii per reddicionem consuetudines & seruicia inde prius debita & de jnreconsueta. Et dat domino de fine pro statu & ingressu suo habendo Ixxiij s. iiij d. vna
Finis iijli. solucio pre manibus xxvi s. viii d. ad festum omnium sanctorum tunc
lii] s. iii] d. -^ ....
proxime sequens xxvj s. viij d. & residuum inde sokitionis est ad festum Pasche tunc proxime sequens Et sic admissus est inde tenens Et fecit domino fidehtatem &c. Bradford 3. Curia manerii ibidem tenta termini sancti Michaehs videhcet
die Lune proximo post festum sancte fidis** virginis anno regni regis Henrici sexti post conquestum xx".^
^ Ad hanc venit Johannes Ayshcomb tenens de Johanne Warre vnum tenementum continens j ferdellam^ terre & perticam cum pertinenciis de antiquo secundum consuetudinem manerii & sursum reddidit j acram terre de eodem tenemento iacentem in le Shilfe ad opus Eoberti Ayshecomb attrahendo eidem Roberto residuum tene- mentum predictum cum acciderit post mortem dicti Johannis Et super hoc venit predictus Eobertus et dat domino de fine xlvj s. viiij d. tam pro predicta acra terre quam predicto tenemento sibi habendo secundum consuetudinem manerii cum post mortem predicti Johannis acciderit per redditus & consuetudines inde debitas & consuetas soluendo finem cum curia Et fecit domino fidehtatem.^
* Struck through. "- 1490. « Oct. 6. ^ ' Curiam ' struck through. ' 1441.
* Son and heir of Kohert Warre. He "* This entry struck through.
married Joan, daughter of Lord Stourton ; " ' Ferdella terre,' quarta pars virgatae
died without issue, 22 E. 4 (1482). Collin- terre. Du Cange, quoting Spelman. The
son, 1. c. virgate was an indeterminate area generally
* ' Suis ' struck through. between 25 and 40 acres.
COURT OF REQUESTS 153
4. Curia legalis manerii ibidem tenia die lune xij° die mensis Mail anno regni regis Henrici sexti xxvij™".'
Eobertus Ayshecomb filius Eoberti Ayshecomb dat Eoberto Warre armigero de fine xx*' marcas pro ingressu & statu habendo in j tenemento cum pertinenciis vocato Gardyners continente dimidiam virgatam'^ terre quod Johannes Person prius tenuit Tenendum eidem Eoberto secundum consuetudinem manerii per redditus & seruicia inde debita & consueta soluendo finem cum curia per plegium Eoberti Ayshecomb senioris Et fecit domino Eoberto Warre fidehtatem.
Curia legaHs termini Hokkes^ ibidem tenta die Lune ante festum omnium sanctorum'* anno regni regis Henrici sexti xxxvij".^
5. ^ Ad hanc curiam venit Eobertus Ayshecomb Junior per pre- positum attornatum suum & sursum reddidit in manus domini vide- licet Eoberti Warre armigeri vnum tenementum continensj ferdellam^ terre cum pertinenciis vocatum le Longhouse & aHud tenementum continens dimidiam virgatam terre cum pertinenciis vocatum Gardyners ad opus Johannis fihi Willelmi Eowsewell & herieta inde sunt infra finem inferius ex conuencione facta super quo venit predict us Johannes & dat domino de fine xli. vna solucio domino in manibus iiij li. tam pro herieto predicti Eoberti hac vice relexato ''' quam pro in- gressu habendo in dicta ij tenementa cum pertinenciis Tenendum eidem Johanni secundum consuetudinem manerii per redditus & seruicia inde debita & consueta sohiendo de fine xx s. ad festum Natiuitatis Domini extunc proxime sequens '^ & xl s. ad festum Pasche tunc proximo sequens ^ xx s. ad festum Natiuitatis sancti Johannis Baptiste extunc proxime sequens ^° & xl s. ad festum Sancti Michaelis extunc proxime sequens'^ per plegium Willelmi Eowsewell. Et fecit domino fidelitatem.*^
6. Curia termini Hokkes^ ibidem tenta die Lune vj'" die Junii anno regni regis Henrici sexti post conquestum septimo.^^
Johannes Vintshade qui tenet j tenementum continens dimidiam virgatam^ terre secundum consuetudinem manerii venit in plena curia & sursum reddidit j acram terre inde iacentem in le Shilfe in manus Johannis Warre ^^ domini ad opus Johannis Phelpott & Alicie
' 1449. '2 1429.
■■^ See p. 152, n. 9, supra. '^ Father of Eobert Warre, above men-
' Hock Tide began on the fifteenth day tioned. This John Warre was the son of
after Easter Day. Richard la Warre and grandson of the John
* Tlie words ' Martis secundo die mensis la Warre who by his marriage with Eliza-
Maii ' struck through. beth Meryet had brought the estate to the
^ Oct. 14.58. la Warre family. The John Warre of this
^ Struck through. ' Sic. text married Joan, daughter and heir of
« Dec. 25, 1458. John Combe of Dalwood, Dorsetshire. He
' March 25, 1459. was high sheriff of Somerset and Dorset in
'» .June 24, 14-59. 2 H. 5 (14_U-15) and 3 H. 6 (1427-28). " Sept. 29, 1459.
Finis X marce
154 COUET OF REQUESTS
vxoris sue tenendum eisdem secundum consuetudinem manerii ut pro antiqua consuetudine Et pro liac concessione habenda dat domino de line xl s. solutos cum curia. Et sic predictus Johannes admissus est tenens &c.
Curia termini Hokkes ^ ibidem tenta die ]\Iartis viij" die Maii anno regni regis Henrici sexti post conquestum xiiij'^.-
vij. Johannes Phelpott qui tenet de domino Johanne Warre j tenementum continens dimiduam ^ virgatam terre quod Johannes Yyt- shade ^ nuper tenuit in Bradford venit in plena curia per Thomam '' attornatum domini ac attornatum ipsius Johannis Phelpott & tene- mentum predictum curie reddidit ad vsum Willelmi Eo^YS\vell & Elene vxoris sue & Johannis filii eorumdem junioris vnde accidit domino pro sursum reddicione predicta j bos precio. Et super hoc venit predictus Willelmus Eowswell et cepit de domino totum predictum tenementum cum omnibus suis j)ertinenciis habendum & tenendum predictum tenementum cum pertinenciis prefato Willelmo Elene & Johanni secundum consuetudinem manerii successiue per redditus et seruicia inde prius debita & consueta. Et pro hac concessione habenda dat domino de fine xxli. soluendos ad festum Natiuitatis sancti Johannis Baptiste proxime futurum ^ x li. et ad festum Natiuitatis sancti Johannis Baptiste extunc proxime sequens " xx li. Et sic &c.
8. Curia termini Hokkes ibidem tenta die Lune v*" die Maii anno regni regis Henrici vj post conquestum xvj'^. ^
Quod Stephanus Atway qui tenet de domino Johanne Warre j tenementum continens dimidiam virgatam terre diem suum clausit extremum vnde accidit domino videlicet dicto Johanni de herieto suoj vacca que liberatur ad expressum diem apud Heystercomb. Et suj)er hoc venit Johannes Atteway filius predicti Stephani & cepit de domino predicto tenementum predictum continens dimidiam virgatam terre cum pertinenciis tenendum sibi secundum consuetudinem manerii per redditus & seruicia inde prius debita & consueta. Et pro hac con- cessione habenda dat domino de fine vj li. xiij s. iiij d. soluendos ad festum Pentecoste proxime futurum xx s. et ad festum Natiuitatis sancti Johannis Baptiste extunc proxime sequens^ xxs., ad festum sancti Michaelis archangeli tunc proxime sequens xx s. et ad festa Natiuitatis domini Pasche & Natiuitatis sancti Johannis Baptiste extunc proxime sequentia Ix s. equaliter et ad festum sancti Matthei ^ extunc proxime sequens xiij s. iiij d. Et sic admissus &c.
» See p. 153, n. 3, supra. " June 24, 1437.
' 1436. ^ Sic. ' 1438.
' Blank in MS. » June 24, 1438.
^ June 24, 1436. « Sept. 21.
Finis iijii. vj 3. viij 1 1.
COURT OF REQUESTS 155
Curia manerii ibidem tenta ix° die Julii anno regni regis Henrici BracUoni viij"^ XXV.'
9. Ad banc curiam venit Nicholaus Atway et cepit de domino videlicet Kicardo Warre milite extradicione sua propria vnum tenemen- tum contineus dimidiam virgatam terre cum pertinenciis nuper in tenura Alicie Way matris sue habendum & tenendum tenementum predictum cum suis pertinenciis prefato Nicholao Atwey ad terminum vite sue secundum consuetudinem manerii per Redditus & seruicia inde prius debita & consueta. Et dat domino de fine pro tali statu & ingressu Ixvj s. viij d. solutos prout patet per billam domini. Et sic predictus Nicholaus admissus &c.
Curia termini Hokkes ^ ibidem tenta die Lune primo die Junii anno regni regis Henrici sexti post conquestum xj°.^
10. Thomas Keyle qui tenet de domino Johanna Warre j tenemen- tum secundum consuetudinem manerii venit in plena curia & sursum reddidit in manus domini j acram terre iacentem apud v plouglond ' parcellam tenementi predicti ad opus Johannis Hyndburgh vnde ut &c. Et super hoc venit predictus Johannes & cepit de domino Johanne W^arre acram predictam vna cum reuersione tenementi pre- dicti cum acciderit cum ^ post mortem vel reddicionem predicti Thome acciderit^ habendum & tenendum sibi predictam acram terre in mediatate ^ vna cum reuersione residui tenementi predicti cum acci- derit ut supradictum est secundum consuetudinem manerii redditus inde facienti redditus ^ & seruicia sicut predictus Thomas nunc reddere et facere solet Et cum dicta reuersio acciderit admittetur tenens in
curia Et pro hac concessione habenda dat domino de fine xlvj s. viij d. vufd. '''''•' ^" vnde soluit pro manibus xx s. et residuum ad diem soluendum infra tempus compoti. Et sic admissus est inde tenens &c pro predicta acra terre taiitum.
Curia Manerii ibidem tenta ij"'° die Aprilis anno regni regis BnuUord Henrici vij^'xiij.*^
11. Ad hanc curiam venit Johannes Hyndburgh & sursum reddidit in manus domini videlicet Ricardi Warre vnam acram terre de tene- mento suo quod de dicto domino tenet vocatum v plouglond ad opus Willelmi Hyndburgh fihi sui attrahendo eidem Willelmo reuersionem riuis liij s. tocius integri tenementi predicti cum pertinenciis cum acciderit utpost
' 1533. measure was, iu fact, iodeterminate, de-
^ See p. 153, n. 3, supra. pending upon the custom of the country,
' 1433. which, no doubt, was ultimately based on
* ' Eight acres make a ploughland,' W. the fertility of the soil.
Sheppard, ' Of the otlice of Clerk of the * Bic.
Market,'&c., London, 1665, p. 23; but the ^ U'JS.
156 COUIIT OF REQUESTS
mortem siirsnm reddicionem vel forisfacturam predict! Johannis. Super quo venit predictus Willelmus et dat domino de fine iiij"'* marcas tam pro ingressu habendo in dictam acram terre quam pro reuersione tocius integri tenement! predict! cum pertinenciis cum acciderit ut supra Tenendum eidem Willelmo dictam acram terre simul cum reuersione predict! tenement! cum pertinenciis cum acciderit ut supra secundum consuetudinem maneri! per redditus consuetudines & seruicia inde prius debita & de jure consueta. Et sic idem Willelmus admissus est tenens pro predicta acra terre vocate v plouglond & fecit domino fidelitatem &c.
12. Curia termini Hokkes • ibidem tenta die lune xxviij" die Mai! anno regn! regis Henrici vj^' post conquestum octauo.^
Ad istam venit Johannes Parsons & cepit de Johanne Warre vnum diiorum ibidem molendinorum suorum aquarum vocatum Brad- Finis vjs. ford mill quod Thomas Eaule nuper tenuit cum cursu aquarum secta^ multura ■* tenendum & omnibus aliis proficuis & commoditatibus dicto molendino spectantibus Tenendum sib! & habendum secundum con- suetudinem maneri! per redditus & seruicia inde prius debita & con- sueta. Et predictus dominus inuenit eidem Johanni maeremium sufficiens de tali sicut in eodem manerio inuenir! poterit pro repara- cione & sustentacione diet! molendin! tociens quociens necessaria fuerit ex deliberacione domini vel heredum suorum qui pro tempore fuerint Et pro hac concessione habenda dat domino de fine vj s. viij d. solutos pre manibus. Et sic admissus est tenens Et iuratus est &c. Bradford Curia legalis termini Hokkes ^ ibidem tenta die Lune xij° die
mensis Maii anno regni regis Henrici sexti xxvij".''
13. Kogerus Person dat domino Eoberto Warre acram terre de Finis xi s. g^-^g ^j g_ pj,Q ingressu habendo in j molendino aquatico vna cum secta ^
tenencium ad dictum molendinum pertinente & pistarum*^ dicto molendino spectante quod Johannes Person pater eius Eogeri pretenuit Tenendum eidem Eogero secundum consuetudinem manerii reddenti inde annuatim xxviij s. ad terminos solucionis redditus ibidem vsuales. Et fecit domino fidehtatem.
14. Curia manerii ibidem tenta ij*^" die Maii anno regni regis Henrici viij"' primo.^
Ad banc venit Alexander Bowryng et cepit de domino j molen- dinum bladritie ^ vocatum Bradford mill simul cum vj acris terre de
' See p. 153, n. 3, supra. ^ 1430. " ' Quod molitori ex frumento quod molit
^ I.e. Becta ad molendinum. ' Servitium praestatur.' Id. s.v.
quo feudatarii grana sua ad domini molen- ^ 1449. ^ Sicc ' 1509.
dinum ibi molcnda perlerre et consuetudine " A aira| elp-q/meuov, presumably meaning
astringuntur.' Du Cange, a. v. ' for corn-grinding.'
Finis vi li. xii] s. iii] d.
COURT OF REQUESTS 157
ouerland vocate Milliams quam Johana Bowryng vidua mater predict! Alexandri prius tenuit Tenendum sibi ad terminum vite sue secundum consuetudinem manerii predicti per redditus consuetudines & seruicia inde prius debita & consueta. Et ex conuencione facta cum domino facta • tenetur sumptibus suis propriis de nouo edificare vnam domum sufficieotem duarum copellarum ^ super dicta terra vocata Milhamys infra annum & dimidium sub pena xv s. domino forisfactorum. Et dat domino define pro statu & ingressu suo in predicto babendo vj li. xiij s. iiij d. in hac forma soluendos videlicet in festo sancti Michaelis arch- angeli proximo xxxiij s. iiij d. & sic annuatim de anno in annum ad eidem ^ festum sancti Michaelis xxxiij s. iiij d. quousque dicta summa vj li. xiij s. iiij d. plenarie fuerit satisfacta & persoluta. Et sub hac forma admissus est &c.
To dysprove the wydowes estate yn the ouerland by the varyaunce of the custome betwyne the old aster & the ouerland.
Curia Manerii ibidem tenta ij die Aprilis anno regni regis Henrici Bradford
y^mi xiijo,3
Ad banc venit Johannes Hyndburgh & sursum reddidit in manus domini videlicet Ricardi Warre armigeri vnam acram terre vocate Hawselade de tenemento suo apud le More quod de dicto domino tenuit ad opus Willelmi Hyndburgh filii sui attrahendo eidem Willelmo reuersionem tocius integri tenementi predicti cum pertinenciis cum acciderit ut post mortem sursum reddicionem vel forisfacturam pre- dicti Johannis. Super quo venit predictus Willelmus et dat domino de fine iiij li. tam pro ingressu habendo in dicta acra terre quam pro reuersione tocius integri tenementi predicti cum pertinenciis cum acciderit ut supra per redditus consuetudines & seruicia inde prius oueriomi debita & consueta. Et super eundem finem concessum est eidem Willelmo quod habeat reuersionem ij clausorum terre de Ouerlond quorum vnum vocatum Fotelond continet v acras terre & dimidiam & aliud vocatum Le Furlong continet iiij""* acras partim de Ouerlond & reuersionem iiij*"" acrarum partim de ouerland que omnia & singula eidem ^ Johannes modo ibidem tenet Tenendum eidem Willelmo secun- dum consuetudinem de ouerlond cum acciderit ut post mortem sursum reddicionem vel forisfacturam predicti Johannis per redditus & seruicia inde prius debita & de iure consueta Et sic idem Willelmus pro predicta acra terre vocata Hawselade admissus est &c.
' Sic. - MS. copell. Not in Du Cange. Qu. ' couples.' ^ 1498.
158 COURT OF REQUESTS
Curia legalis termini Hokkes ' ibidem tenta die Martis ij'^° die mensis Maii anno regni regis Henrici sexti xxxvj*°.^
Thomas Walshman dat domino videlicet Eoberto Warr armigero de fine xiij s. iiij d. solutos eidem domino in manumproingressu habendo in j vno ^ clauso terre de Ouerlond vocato Litelbadenhill continente j acram cum quodam puteo eidem clauso annexo & pertinente quod Johannes Person quondam tenuit Tenendum eidem Thome secundum consuetudinem de Ouerlond reddenti inde annuatim xiiij d. ad iiij°'' anni terminos principales equis porcionibus. Et fecit domino fidelitatem &c.
Ad banc curiam venit Willelmus Eaule & sursum reddidit in manus domini videlicet Eoberti Warrej tenementum continens vacras terre cum pertinenciis in Bradford de antique astro ad opus Thome at J.ane vnde accidit domino de herieto j bos precii. Et idem Willelmus sursum reddidit in manus domini ad opus predicti Thome iiij"'' acras terre de Ouerlond in le Furlonges iiij""" acras terre de ouerlond in Milhamys & iiij acras terre de Ouerlond in Hethfild. Super quo venit predictus Thomas et dat domino de fine xxiij s. iiij d. solutos dicto domino in manibus pro ingressu habendo in dictum tenementum & ouerlond cum pertinenciis Tenendum eidem Thome dictum tenementum cum pertinenciis secundum consuetudinem manerii Et ouerland pre- dictum cum pertinenciis secundum consuetudinem de ouerland per redditus & seruicia inde debita & consueta Et fecit domino fideli- tatem &c.
Eogerus Person dat domino videlicet Eoberto Warre armigero de fine iiij li. vnam solutam domino j)redicto in manibus Ix s. pro ingressu habendo in ij clausa terre de ouerlond quorum vnum vocatum Genges- lond continet v acras & aliud vocatum Cosynhill continet iij acras que Johannes Person quondam tenuit die quo obiit ut presentatum est per homagium Tenendum eidem Eogero secundum consuetudinem de ouerlond per redditus & seruicia inde debita & consueta soluenti xx s. de fine predicto ad festum Natiuitatis sancti Johannis Baptiste proxime futurum Et fecit domino fidelitatem &c.
Curia legalis termini Michaelis ibidem tenta die Lune proximo ante festum onnium sanctorum anno Henrici vj*^' xxxvij".^
Ad banc curiam venit Willelmus Grigge per prepositum attornatum suum & sursum reddidit in manus domini videlicet Eoberti Warre armigeri vnum clausum terre de ouerlond continens iiij"'' acras voca- tum Smale mede ad opus Thome Brecher. Et super quo venit pre-
' See p. 153, n. 3, supra. ' Sic.
- 1458. * Oct. 1458.
Brarlforde & Heale
COURT OF REQUESTS 159
clictus Thomas & dat domino de fine xiij s. iiij d. solutos eidem domino in manibus pro ingressu habendo in dictum clausum cum pertinenciis Tenendum eidem Thome ad terminum vite sue secundum consuetu- dinem de ouerlond per redditus & seruicia inde debita & consueta Et fecit domino fidehtatem Sec.
To dysprove the yeldinge the defendauntes shewyth forthe Courte Eolles wherin 3's inrolled as yt folowyth.
Ad curiam ibidem tentam xxvij™" die Octobris anno regni regis Henrici viij"' xxv*" ^ irrotulatur inter aha sic.
Et quod Willelmus Myddelham qui de domino videhcet Willelmo Frauncys armigero tenuit j tenementum vocatum Fyveacre tenement statum suum inde vendidit & sursum redidit ^ cuidam Roberto Slade hcencia domini inde non optata ; Ideo consideratum est per homagium quod forisfecit statum suum tenementi predicti. Et precatum estpre- posito pro nouo tenente prouidere, vnde proclamacio facta fuit in curia.
Ad curiam manerii ibidem tentam penultimo die Maii anno regni regis Henrici vij™' xviij'"° ^ irrotulatur inter aha sic.
Ad banc venit Sibiha Large vidua nuper vxor Willehni Large & dat domino videhcet Nicholao Fraunces armigero de fine xlvj s. viij d. pro reuercione ihius tenementi cum pertinenciis continentis ferhngam * terre quod Thomasia Large vidua modo ibidem tenet que ^ quidem reuercionem ^ dictus Willelmus iam defunctus prius de dicto domino cepit Tenendum eidem Sibilie ac proximo marito suo. Et sic admissa est tenens in reuercione per occupacionem vnius acre parcelle dicti tenementi vocati Romer secundum consuetudinem manerii & fidelitas respectuatur quousque dictum maritum acciperit.^
Ad curiam termino Pasche ibidem tenta xxj™° die Aprilis anno Bradford & regni regis Edwardi iiij*' xx"'" ^ irrotulatur inter allia - sic.
Et quod Johannes Langley qui tenuit de domino j tenementum cum pertinenciis continens quinque acras ex antiqua tenura vocatum Langcockes secundum consuetudinem manerii ibidem diem suum clausit extremum vnde accidit domino de herieto j vacca precii x s. & reinstauracio ^ domus apud Combe flory.* Et super hoc dictum tene- mentum reinstauratur in manibus domini vnde precatur preposito domini prouidere inde tenentem.
' 1533. - Sic. ^ 1503. « 1480.
* Sic. See p. 135, n. 5, supra. ' An unique word, apparently meaning
* Sic. The MS. being originally written ' surrender,' though it may mean 'repair.' ' que quidem reuercio,' and the accusative * This shows the lord to have been subsequently inserted at the end of the last Frauncys. See pp. 102, n. 1, and 151, supra, word.
Heale
160 COURT OF REQUESTS
Hea'JJ"'^'''' * ^^ curiam legalem termini sancti Michaelis ibidem tentam die Lune proximo post festum sancti Martini anno regni regis Henrici sexti xxvj*° ' irrotulatur inter alia sic.
Ad banc cm-iam venit Johanna Cockes que tenet de Eoberto Warre armigero domino medietatis de Bradeforde & Heale secundum con sue - tudinem manerii j tenementum cum pertinenciis et sursum redidit ^ in manus eiusdem Eoberti j acram terre de dicto tenemento vocate Erode acre ad opus Juliana filie eius. Super quo venit dicta Juliana & dat dicto domino de fine xxvj s. viij d. pro ingressu habendo in dicta acra terre, cum pertinenciis tenendum eidem Juliane & marito suo primo secundum consuetudinem manerii trahendo eisdem Juliane & marito suo primo residuum dicti tenementi cum acciderit per redditus et seruicia inde debita & consueta soluenti finem cum curia & fecit domino fidelitatem.
nllie"'"^''^ Ad curiam ibidem tentam xxv'° die Octobris anno regni regis Henrici Septimi xxiij ^ irrotulatur inter alia sic.
Ad banc venit Dauid Howell qui de domino tenuit j tenementum continen.s ferlingam " terre cum pertinenciis vocatum Thatchers & illud tenementum sursum reddidit in manus dicti domini ad vsum Thome James vnde accidit domino de herieto vna vacca precii viij s. Et super hoc venit predictus Thomas & cepit de domino dictum tenementum cum pertinenciis Tenendum sibi ad terminum vite sue secundum consuetudinem manerii predicti per redditus consuetos & seruicia inde prius debita & consueta. Et dat domino de fine pro statu & ingressu suo in predicto habendo xl s. & non ultra ad presens quod erat nisi solo modo cambicione nominis Et sub hac forma admissus est inde tenens & fecit fidelitatem Et insuper pro xx d. domino solutis iuxta finem predictam licenciam per dominum moram trahere extra tene- mentum predictum consuetudine manerii in contrario vsitata in aliquo non obstante.
Braiiforcie & i^^ curiam tcrmiuo Hockedaye ^ ibidem tentam die lune proximo
post festum sancti Barnabe anno regni regis Henrici sexti xxiij'"^ irrotulatur inter alia sic.
Johannes Bonde dat Eoberto Warre armigero domino medietatis manerii de Bradforde de fine xij li. vj s. viij d. pro reuercione habenda in toto illo tenemento cum pertinenciis in Bradforde quod Willelmus Orcharde & Editha vxor eius modo tenent eidem Johanni & Juliane vxori eius secundum consuetudinem manerii statim cum post mortem
' Nov. 1447. ^ The second Tuesday after Easter week.
' Sic. ' 1507. Cowel, ' Interpreter,' s.v.
* See p. 135, n. 5, supra. "^ June 1440.
COURT OF REQUESTS 1()1
predictoriim Willelmi & Edithe accident per redditus & seruicia inde debita & consueta cum licencia manuopcrandi dictum tenementum cum pertinenciis licencia predictorum Willelmi & Edithe ad hoc prius optenta soluendo de fine predictas vj li. in die sabbati proximo ante festum sancte Margarete proxime futurum ' & vj li. vj s. viij d. viz. Ixiijs. iiij d. ad festum Purificacionis beate Marie tunc proxime sequens ^ & Ixiij s. iiij d. infra annum a dato istius curie per plegium Willelmi Ayshecombe Koberti Ayshecombe & Willelmi Brounynge.
In eadem curia irrotulatur inter alia sic. Bra.ifoidG.
Adhuc vnum cotagium cum pertinenciis vocatum Dendyll quod Johannes Ayshecombe nuper tenuit de Eoberto Warre reinstauratur in manus domini quousque &c.
Ad curiam ibidem tentam iii" die Junii anno regni regis Henrici viii Bradfonie > tercio ^ irrotulatur inter alia sic :
Et quod Agnes Fraunkelyn vidua que de domino tenuit j cotagium cum pertinenciis recessit a cotagio predicto & nichill accidit domino de herietto quia nihil in bonis. Et super hocvenit Stephanus Harres & cepit de domino dictum cotagium cum pertinenciis tenendum sibi ad terminum vite sue secundum consuetudinem manerii per redditus consuetudines & seruicia inde prius debita & consueta. Et dat domino de fine pro statu & ingressu suo in predicto habendo vj s. viij d. soluendos infra proximum compotum. Et sic admissusest inde tenens & fecit fidelitatem.
Ad curiam ibidem tentam xxvij""" die Januarii anno regni regis ^^g'^'J^^"'''^'' ' Henrici viij"' xxj™""* irrotulatur inter alia sic :
Cum in curia precedente preceptum fuit Johanni Grenewaye moram trahere super tenementum suum quia de domino videlicet magistro Fraunces vnum tenementum apud Dolbury '* secundum consuetudinem manerii ibidem ^ & moram trahit extra sed homagium dicit quod predictus Johannes Grenewaye tenementum illud sursum reddidit cuidam Willelmo Chaplyn sub condicione quod inde ha.beret voluntatem domini prout patet per scriptum dicti Johannis Grenewaye in curia ostensum cuius datum est x'"° die Octobris anno domini millesimo quingentesimo xxviij''. Et preceptum prefato Willelmo facere finem cum dicto domino citra proximum Pentecosten cuius sursum reddicione & fine factis accidit domino de herietto xx s. in pecuniis numeratis ex conuencione prius facta.
' July 1446. ^ Now Dobeiry, about half a mile S.E.
* Feb. 2, 1447. of Bradford.
' 1511. * 1530. " ' Hahot ' or ' tenet ' omitted.
162
COURT OF REQUESTS
Bradforde & Heale
Bradforde c Heale
Finis xxvj s. viij d.
Bradforde & Jleale
To dysprove the fynnes to be stent & serten the seyde defendauntes shewyth forthe Court rollys wherem hyt ys inrolled as yt folowyth.
Ad curiam ibidem tentam xxj""" die Aprilis anno regni regis Edwardi iiij*' xx"° ^ irrotulatur inter aha sic :
Et quod Johannes Langeley qui tenet de predicto domini vnum cotagium cum suis pertinenciis secundum consuetudinem manerii ibidem ac per redditus consuetudines & seruicia inde prius debita & consueta diem suum clausit extremum vnde accidit domino de herietto vna vacca precii x s. et hberatur ad staurum ^ domini et quod dictum cotagium cum pertinenciis reuertit in manus domini quia ex consue- tudine ibidem Johanna fiha dicti Johannis primus^ habere debet faciendo domino sicut aliquis ahus vult inde facere.
Ad curiam ibidem tentam vj^° die Aprihs anno regni regis Edwardi iiij*' xiiij*° * irrotulatur inter aha sic :
Ad hunc diem venit Benedictus Eyder & dat domino videhcet Nicholao Fraunces armigero de fine xxvj s. viij d. pro statu & ingressu suo habendo in j clausum terre ex dominicis domini continens quinque acras vocatum Furlonge ac pro statu & ingressu suo habendo in j clausum terre ex dominicis domini vocatum Bradeforde Parke continens XX acras nuper in tenura Johannis Norton habendum & tenendum predicta ij clausa terre ex dominicis cum pertinenciis suis prefato Benedicto ad terminum vite sue secundum consuetudinem manerii ut ouerlonde reddendo inde annuatim domino xxv s. videlicet pro dicto clauso quinque acrarum v s. & pro predicto clauso xx acrarum xx s. ac omnia aha consuetudines & seruicia inde prius debita & consueta. Et in hac forma admissus est inde tenens & fecit domino fidehtatem.
Ad curiam ibidem tentam vj° die Maii anno regni regis Henrici octaui nono ^ irrotulatur inter alia sic :
Ad banc venit Eicardus Eowswell & cepit de domino ex sursum reddicione Thome James quandam parcellam terre de terris dominicis vocatis le Parkes cum quadam parcella terre dominicalis vocate Eurlonges vnde accidit domino de herieto ut quod de terris dominicis scilicet dat domino de tine pro statu & ingressu suo in predict is habendo XX s. et sub hac forma admissus est inde tenens & fecit fidehtatem.
Ad curiam ibidem tentam vltimo die Septembris anno regni regis irrotulatur inter alia sic :
• 1480.
- Apparently for ' stallum,' stable, or more generally, ' locus ubi quis habitat. ' Du Cange. The word ' staurum ' stands for ' store ' in
the sense of supply, not in that of place of supply. See Du Cange, s.v. ■' Sic. ' 1474. * 1517. « 1512.
emeu- redJit.
COURT OF REQUESTS 163
Ad banc venit ' Robertus Lonerell cepit de domino j cotagium iuxta cemiterium ibidem quod Johannes Bowrynge niiper ibidem tenuit & iUnd forisfeoit in manus domini quia non moram corporalem traxit super eundem, ^ Tenendum eidem Roberto ad terminum vite sue reddendo inde annuatim Nicholao Fraunces armigero & heredibas suis vj s. ad iiij"'' anni terminos principales equis porcionibus sokiendos ["«' ac alia consuetudines & seruicia inde prius debita & consueta vbi ex ''J ^• antea solebat reddere nisi solomodo iij s. per annum. Et dat domino de fine pro statu & ingressu suo in predictis habendo iij li. vj s. viij d. ^'"'Viija.' Et sub hac forma admissus est inde tenens & fecit fidelitatem.
Ad Curiam ibidem tentam xv*° die Octobris anno regni regis n^le'"''^''* Henrici viij"' xiij° ^ irrotulatur inter alia sic :
Ad banc venit Johannes Colles & cepit de domino illud cotagium cum pertinenciis quod Robertus Lonerell prius ibidem tenuit Tenendum sibi ad terminum vite sue secundum consuetudinem manerii per redditus consuetudines et seruicia inde prius debita & de iure consueta. Et dat domino de fine pro statu & ingressu suo in predictis habendo rimsxs. X s. & non ultra ad presens quia erat nisi solomodo cambicio "* nominis vnde soluetur infra proximum compotum vj s. viij d. & residuum inde ad placitum domini Et sic admissus est inde tenens & fecit fidelitatem.
Ad Curiam ibidem tentam vltimo die Septembris anno regni regis BradforUe & Edwardi iiij*' xiij"'^ irrotulatur inter alia sic :
Et quod Johannes Person clericus vicarius de Bradforde '' et dat domino videlicet Nicholao Fraunces armigero de fine vj li. xiii s. iiii d. ^.'.'"''y.i."-,
o J J J xiijs. mjd.
pro statu & ingressu suo habendo in 3 ^ tenementa cum pertinenciis ex antiqua tenura in Bradforde nuper in tenura Juliane Walsheman ac in certa parcella terre & parci ex dominicis domini in Badenhyll & in j acra parci in Bradforde more nuper in tenura dicte Juliane habendum & tenendum predictum tenementum cum suis pertinenciis ac predictam terram & parcum dominicalem cum suis pertinenciis ut predictum est prefato Johanni ad terminum vite sue secundum consuetudinem manerii per redditus consuetudines & seruicia inde prius debita & consueta. Et in hac forma admissus est inde tenens & fecit domino fidelitatem.
Ad Curiam termino Michaelis ibidem tentam v° die Octobris anno Bradforde & regni regis Edwardi iiij*' xv"^° * irrotulatur inter alia sic :
Ad hunc diem venit Johannes Person clericus qui tenet de domino videlicet Nicholao Fraunces armigero j tenementum cum suis pertinenciis ex antiqua tenura prius in tenura Juliane Welsheman
' Interlined for ' ad quod ' struck out. * Cambicione would be the general form.
Hence ' cepit ' without a conjunction. ■' 1473. " Verb omitted.
- Sic. '■' 1521. ' yic, in Arabic numerals. " 1475.
ii2
164 COUTJT OF REQUESTS
ac certain parcellam terre & prati ex clominicis domini in Badenhyll & j acram prati in Bradforde more niiper in tenura dicte Juliane secundum consuetudinem manerii ibidem illud sursum reddidit in manus domini ad opus Johannis Godfraye vnde accidit domino de herietto j equus castratus & deliberatur domino et super hoc venit idem Johannes
Finis iiijii. Godfray et dat domino predicto de fine iiij li. pro statu suo & ingressu habendo in predicto tenemento cum pertinenciis suis ac in predicta parcella terre & prati ex dominicis domini cum suis pertinenciis prout antedictum est tenendum sibi ad terminum vite sue secundum consuetudinem manerii ibidem per redditus consuetudines & seruicia inde prius debita & consueta Et in hac forma admissus est inde tenens & fecit domino fidehtatem et inuenit plegio Johannem Bowrynge.
Brndforde& Ad Curiaui ibidem tentam xviij° die Octobris anno regni regis
Henrici vij xj™" ' irrotulatur inter aha sic :
Ad banc curiam venit Kobertus Hynde & cepit de domino videlicet de Nicholao Fraunces ac de Koberto Stowell Johanni Carnycke clerico cl- de Johanne More feoffatis ad vsum dicti Nicholai reuercionem j tenementi cum pertinenciis in Hele quod Johanna Hynde mater predicti Eoberti modo tenet Tenendum sibi dictam reuercionem cum acciderit ut post mortem sursumreddicionem vel forisfacturam predicte Johanne ad terminum vite sue secundum consuetudinem manerii per redditus consuetudines & seruicia inde prius debita & de jure consueta
viif d.""^^^ ^' '^^ ^^^ domino de fine pro predicta reuercione habenda xlvj s. viij d. in hac forma soluendos videlicet ad festum Inuencionis sancte crucis tunc proxime futurum' xx s. & residuum inde ante proximum compotum tunc proxime sequentem ac licencia per dominum occupare dictum tenementum cum dicto tenemento ad libitum & voluntatem dicti tenen- tis & non aliter ac occupare dictam querreriam lapidum ad opus suum proprium & non aliter & sic admissus est inde tenens in reuercione per occupacionem acre vocate querre acre attrahendo sibi integram reuercionem cum acciderit.
Hea'iJ'"^'^'^ * Ad Curiam ibidem tentam nono die Aprilis anno regni regis Henrici viij"' xvij'"" ^ irrotulatur inter alia sic :
Ad banc Curiam venit Piobertus Hynde qui de domino videlicet Nicholao Fraunces armigero tenet j tenementum cum pertinenciis in Heale continens j ferlingam * terre secundum consuetudinem manerii ibidem & inde sursum reddidit Willelmo Hynde filio suo j acram terre vocate Estwarth acre attrahens ^ sibi reuercionem integram tenementi predicti Et dat domino de fine pro tali statu & ingressu habendo
■ 1495. ■• See p. 135, n. 5, supra.
■' May 3, 1496. ^ 1526. ^ Sic.
COURT OF REQUESTS 165
iiij li. & admissiis est inde tenensin predicta acra terre & fecit domino rinisiiijii. fidelitatem.
Ad Curiam ibidem tentam xvij™° die Marcii anno regni regis Bra,iforde& Henrici vij"" xvij™° ' irrotulatur inter alia sic :
Ad banc venit Jobannes Cornysbe& cepit de domino j tenementum continens ferlingam '^ terre apnd Stowforde cum pertinenciis quod Anastasia Eowswell vidua ibidem prius tenuit Tenendum sibi ad terminum vite sue secundum consuetudinem manerii per redditus consuetudines & seruicia inde prius debita & de iure consueta Et dat domino de fine pro statu & ingressu habendo xl s. solutospre manibus Fin'ssis Et sub hac forma admissus est inde tenens & fecit fidelitatem.
Ad Curiam ibidem tentam xxj""" die Octobris anno regni regis Bradfonie* Henrici viij"' octauo ^ irrotulatur inter alia sic :
Et quod Johannes Cornyshe qui de domino tenuit j tenementum cum pertinenciis continens ferlingam - terre vocate Cockes obiit citra proximam Curiam vnde accidit domino de herietto j bos precii xx s. & deliberatur domino. Et super hoc venit Eobertus Eowsewell & cepit de domino dictum tenementum cum pertinenciis Tenendum sibi ad terminum vite sue secundum consuetudniem manerii per redditus consuetudines & seruicia inde prius debita & de iure consueta & dat domino de fine pro statu & ingressu habendo iij li. Et sic admissus est Finis ixs. inde tenens & fecit fidelitatem.
Ad Curiam ibidem tentam xiiij" die mensis Aprilis anno regni regis nrarUoi-ae & Henrici vij nono'* irrotulatur inter alia sic :
Ad hanc venit Eobertus Scote & cepit de domino videlicet Nicholao Fraunces ^ ac Johanne Carnycke clerico Eoberto Stowell armigero & Johanne More de Columpton j tenementum cum pertinenciis in Hele quod Johannes Brecher prius ibidem tenuit Tenendum sibi ad terminum vite sue secundum consuetudinem manerii per redditus consuetos & seruicia inde prius debita & de iure consueta. Et dat de fine quam pro herietto Iiij s. iiij d. in hac forma soluendos videlicet ad Finis .t festum sancti Michaelis archangeli tunc proxime futurum ° xxvj s. viij d. liij s. iiij a. & residaum inde ad festum Inuencionis sancte crucis tunc proxime sequens ^ Et sic admissus est inde tenens & fecit fidelitatem.
Ad Curiam ibidem tentam x™° die Maii anno regni regis Henrici Brafiforde&
..... <-> o licale
vnj xxvij'"° ^ irrotulatur inter alia sic :
Ad hanc Curiam venit Willelmus Skotte & cepit de domino videlicet Willelmo Fraunces armigero ex tradicione sua propria reuercionem j
!_ 1502. ^ Ar., i.e. armigero, struck out. See p.
- See p. 135, n. 5, supra. 147, n. 4, supra.
^ 1516. >* Sept. 29, 1494.
' 1494. ' May 3, 1495. ' 1535.
Bradforde & Heale
166 COURT OF REQUESTS
tenement! cum pertinenciis continentis j ferlingam ' terre modo in tenura Johanne Scote matris sue habendum & tenendum reuercionem predictam ac tenementum predictum cum suis pertinenciis prefato Willelmo Skote & \'xori sue ad terminum vite eorum cum post mortem sursumreddicionem dimissionem vel forisfacturam predicte Johanne Scote acciderit secundum consuetudinem manerii ibidem per redditus & seruicia inde prius debita & consueta. Et predictus Willelmus Skote dat domino de fine tarn pro herietto dicte Johanne Skote quam pro tali statu & ingressu habendo de & in premissis supradictis iiij li. x s. sohitas prout patet per billam domini inde factum.^ Et sic predictus Willelmus Skote admissus est inde tenens ad j acram premissorum vocatorum Northey attrahendo sibi reuercionem integram tenementi predicti & fecit domino fidelitatem et licencia eis trahere moram extra dictum tenementum cum pertinenciis consuetudine manerii in aliquo non obstante.
To dysprove the wydowes estates in ouerlond durynge
theyr wydowhode & also to dj'sproue serten other customes
cleymyd by the seyd pleyntytfes the seyd defendauntes
shewyth forthe.
Fyrst, a Custumarye indentyd beryng date die Lune in festo
natiuitatis beate Marie Virginis anno regni regis Edwardi tercii a
conquestu xxvij"°,^ wherin yt apperyth as folowyth in hec verba.^
Ad Curiam ibidem vj° die Maii anno regni regis Henrici octaui nono ^ irrotulatur inter alia sic :
Ad banc Curiam venit Eicardus Eo^Yse■well et cepit de domino ex sursumreddicione Thome James quandam parcellam terre de terris dominicis domini vocatis le Parkes cum quadam parcella terre dominice vocate Furlonges vnde accidit domino de herietto nichill quia de terra dominicali sed dat domino de fine pro statu & ingressu suo in predictis habendo xx s. Et sub hac forma admissus est inde tenens & fecit fidelitatem.
Ad Curiam ibidem tentam xxv die Octobris anno regni regis Henrici vij'"' xxiii" ''' irrotulatur inter alia sic :
Ad banc venit Willelmus Pers et cepit de domino illud mesuagium vocatum le Olde Court Place quod Johannes Skebowe prius ibidem tenuit Tenendum Tenendum " sibi ad terminum vite sue ufc antiquum
' See p. 135, n. 5, supra. The custumary is presumably document j.
- Sic. See p. 124, supra. 3 Sept. 8, 1353. s 1517.
' A space is left here evidently for the « 1507.
extract, which, however, was not inserted. ' Sic, repeated.
COURT OF REQUESTS 167
astrum secundum consuetudinem manerii sub condicionibus sequen- tibus videlicet quod ipse sumptibus suis propriis faciet de nouo ibidem domum siue mancionem honeste & illam reparabit durante vita sua in omnibus saluo tamen quod teneutes ab antiqua consuetudine onerari debent sufficienter coperare ' domum predictam cum f.tramine tociens quociens opus fuerit & insuper conuenit cum dicto domino propter facturam mesuagii predicti quod j puerorum dicti Willelmi quem ipse in vita sua domino nominare voluerit prout decessu ^ dicti Willelmi tenebit & gaudebit dictum mesuagium siue mansionem ad terminum vite sue secundum consuetudinem ^ ut prefertur soluendo siue dando domino pro statu & ingressu suo habendo cum sic acciderit xx d. & non est heriectabilis & sub hac forma dictus Willelmus admissus est inde tenens & fecit fidelitatem.
Ad Curiam ibidem tentam xv die Maii anno regni regis Henrici Bradfonie &
° " Heale
viij"^ xiiij*° * irrotulatur inter alia sic :
Ad banc ^ venit Johannes Sholer & sursumreddidit in manus domini quandam parcellam terre de ouerlonde vocatam le Parkes continentem per estimacionem v acras terre & ultra : accidit domino de heriecto quia de terris dominicis. Et super hoc venit Eobertus at Mere et cepit de domino dictam parcellam terre cum pertinenciis de cetero adiacentem tenementum suum Tenendum sibi ad terminum vite sue secundum consuetudinem manerii ut ouerlonde per redditus con- suetudines & seruicia inde prius debita & consueta & dat domino de fine pro statu & ingressu suo in predicta habendo xxxiij s. iiij d. solutos pre manibus. Et sic admissus est inde tenens et fecit fidelitatem.
Ad Curiam ibidem tentam vj*° die Aprilis anno regni regis Edwardi H^aie'"'''' * iiij*' xiiij""' irrotulatur inter alia sic :
Et ad hunc diem venit Benedictus Kyder & dat domino videlicet Nicholao Fraunces armigero de fine xxvj s. viij d, pro statu & ingressu suo habendo in j clausa terre ex dominicis domini continente quinque acras vocataFurlonges ac pro statu suo& ingressu habendo in j clausum terre ex dominicis domini vocata Bradforde Parke continente xx acras nuper in tonura Johannis Norton habendum & tenendum predicta ij clausa terre ex dominicis cum suis pertinenciis prefato Benedicto ad terminum vite sue secundum consuetudinem manerii ut Ouerlonde reddendo inde annuatim domino xxvs. videlicet pro dicta clausa quinque acrarum v s. & pro dicta clausa xx acrarum xx s. ac omnia
' Sic, an unusual form for cooperire, to ' 'Manerii' struck through.
roof. * 15'22.
■^ This word is interlined. The original ^ ' Curiam ' struck through,
text ran ' prout dictus Willelmus.' * 1474.
168 COURT OF REQUESTS
alia consuetndines & seruicia inde prius debita & consueta. Etinhac forma admissus est inde tenens & fecit domino lidelitatem. Endorsed. Copyes of Court Rolles.
DECREES AND APPEARANCES.'
Sex'" die Maii a" xxxvj'".-
Memorandum. That the cause betwene the tenauntes of Bradford ayenst Maister ffraunces & other ys ordred by the counsaill vpon con- sideracions to theym shewed that the parties apper afor theym vpon Wennesday next commyng then to the mater without any further delay.
xV die Maii a" xxxvj'".-
Memorandum. That the cause betwene the tenauntes of Bradford complainantes ayenst maister ffraunces & Eic Ware ys nowe ordred by the kynges counsaill that the said tenauntes shall paye suche heriotes as ar dew and doo all other suche services which ar not nowe in trauerse with the paymentes of the rentes now also due & the reraiges of the same shal excepte & take without anny danger or preiudice therof to ensue to the said ffraunces warre and so frome tyme to tyme to paye allmaner duetes due duryng the tyme the same mater ys dependyng in trauerse whiche nowe by assent of the parties ys continued vnto the xv^ of Saint Michell next commyng ^ for the further determinacion of the mater now in trauerse, and not ended And afterward viz. xxviij" Junii it ys ordred by the Counsaill vpon resonablc consideracions to theym shewed that nowithstanding the daye afor limitted which nowe cannot be obserued by the defendants therfor the same nowe ys continued vnto thutas of saint biliary next commyng ^ then the parties tapper.
ix"° die ffebr. a" xxxvj'".^
Memorandum. That the cause in contencion dependyng afor the kinges honorable counsaill betwene William ffraunces and Richard Ware squires and the tenauntes of Bradford ys ordered by the said coun- saill that the said ffraunces and Ware shall brynge afor theym at Westminster the tresemayns ^ of Ester next commyng all suche auncient Courte Eolles and Recordes specifying & declaryng suche costumes as hertofor hathe byn had and made in the tyme of Edward the iij'^'' litell afor or after betwene the lordes then owners of the same, and the tenauntes ther and also the particion made betwene the said lordes
• Vol. 6, Hen. 8. 30-38, pp. 33C, 341, = 1545.
382, .^92. ^ 1544. « This word does not appear in any dic-
3 Oct. 13, 1544. * Jan. 20, 1545, tionary.
COURT OF REQUESTS 1G9
of the mailer to tlienteiit ' the same may ' to shew the • said ' particion indyfferently at whiche daye . . . . - in the name of the forsaid tenauntes ^
Quinto die Maii anno supradicto xxxvij".^
Memorandum that the cause betwene the tenauntes of Bradford ayenste Mr. ffraunces ys by assente continued vnto Thursday next commyng then the parties tapper for heryng of the matter without any further traite of tyme in this behalf.
Duodecimo die Maii anno regni regis xxxvij'"".'
"Where there hathe of long tyme depended before the kinges honorable Counsaille in the white hall at Westmynster, a matier in variaunce bytwene the customary Tenauntes of the manour of Brad- ford in the countie of Somerset parties compleynauntes of the oone partie, and Willyam ffraunces and Eychard Warre Esquiers, lordes and oweners of the said manour parties defendauntes of that other partie, as by the bill of complaynte exhibited by the said Tenauntes to the kinges maiestie, and the answer of the said defendauntes thervnto made playnlye appireth, and after diuerse perfect Issues had and ioyned bytwene the said parties by their pleadinges, diuerse witnesses have ben examyned, and therapon the matiers beinge at diuerse and seuerall tymes harde & examined, and ripely perceyved, aswell vpon the sighte of diuerse writinges as by the said deposicions, it is ordred and decreed articularlye as herafter ensuith. Imprimis where thesaid Tenauntes who holde their customary Tenementes for life or lyves pretende that after their decesses their wives during their widowhoodes and lyving chastlye shulde have holde and enioye the same customary Tenementes during their said widowhoodes and lyving chastlye, which custome the said Tenauntes pretended to have taken place aswell for suche demesne landes & Tenementes whiche have been graunted by the lordes of the said manour to holde by copie of courte rolle amongst other customary landes and tenementes,^ And forasmoche as it appireth by a fayre customary booke indented, made in king Edwarde the thred his yeres*^ that the customes therein specified that doo gyve the said Tenauntes any Benefite or advaunta^e, doo extende onlye to the customary landes and Tenementes, and not to any parte of the demesne landes and tenementes of the said
' Interlined. lacunfe supplemented from the copy in
^ Obliterated. ' i545_ square brackets.
* Vol. 7, pp. 238a, 238, 238b, 239. A ' The copy here adds ' beyng parcell of
copy of this judgement is among the do- the said manor as also for the same
cuments filed in the case. The original customary landes & tenementes.'
judgement is here transcribed, and the * See Document J, p. 12'4.
170 COUET OF REQUESTS
manour, It is therfore ordered and decreed that frome hensforthe the widowes of suche Teiiauntes shall not clayme the same demesne landes and tenementes by reason of any suche pretended custome, but that it shall and maye be lefull to the lorde or lordes of thesaid manour to graunte the same demesne landes at euery advoydaunce herafter to be had of a Tenaunt at his or their wille or pleasure, and where like- wise the Tenauntes of thesaid njanour pretende by the custome of the said manour that the yongest sonne of the same Tenauntes, and for wante of Sonnes the yongest doughter of the said Tenauntes shulde haue and enioye the said demesne landes and tenementes grawnted as is aforesaid vpon and after the dethe of their father or mother, whiche custome woll in no wise be maynteyned and proved by the said cus- tomary booke Indented as is aforesaid ne yet sufiiciently proved by wit- nesses, It is therfore ordred and decreed that fromme hensforthe it shall and maye be lefull to the said lord and ' lordes of the said manour for the tyme beinge vpon euery advoydaunce of thesaid demesne landes and Tenementes to graunt the same demesne landes and tenementes at his or their will or pleasure, and that suche yonger sonne or doughter sh[all in nowise]- fromme hensforthe bee admytted tenaunt by any such pretence[d custom in and to]- the said demesne landes and tenementes excepte that such son or [dowghter can agre]^ with the lorde [or lordes of the said manor for the tyme beyng for the opteynyng] ^ of the same demesne londes and tenementes to be taken vp and graun]ted fromme [the same lorde or lordes at the will and pleasure of the same]^ lorde or [lordes of the seid Manor] ^
Item where the said Tenauntes pretende that the yonger sonne or yonger doughter shulde be admytted to the said customarye Tene- mentes apon and after the deathe of their father or mother payinge therfore a certeyne and a stente fyne, and for the proufe therof it is alleaged of the parte of the said Tenauntes that it appireth by the said writing made in Kinge Edward the threde his yeres, wherin the said customes of the said manour be declared that the yonger sonne or yonger doughter shulde bee admytted Tenauntes to the said customarye Tenementes payenge their seuerall fynes accordinge to the custome of the said manour, wherby it is not proved the said fynes to be stente and certeyne, nor the said compleynauntes coulde not declare the certeynte of the said fynes. And sins the tyme of the making of the said writinge declaringe the said customes, the said fynes hathe been diuerse and many tymes vncerteyne, that is to wite, somtyme more and somtyme lesse, and also that there hath been
' The copy has ' or.' ^ j^jg mutilated.
COURT OF REQUESTS 171
diuerse grauntes made by the lordes of the said manour, And ther- upon the ordes of the said manour hathe taken greater fynes for diuerse of the said customarie Tenementes at oone tyme then at other as by diuerse courte rolles shewed by the said defendauntes to the saide counsaille, wherof some beare date in Kinge henry the sixte his tyme, and some in Kinge Edward the iiij^^ his tyme, Kinge Eicharde the thirde his tyme, Kynge Henry the vij"' his tyme, and in the Kinge his tyme that now is, wherby it appireth that vpon the grauntes made by the lorde or lordes of the said manour of the said customarye tenementes, greter fynes have been made and taken at oone tyme more then at an other tyme in suche sorte as the Tenauntes could reasonablye agree with the lorde of thesaid manour or with his officer for the tyme beinge, for the same fyne or fynes as by the same courte rolles appireth, Therefore it is ordred and decreed that frome hensforthe the yongest sonne or the yongest doughter according to their seuerall interestes shalbe admytted tenauntes for the said customarye Tenementes to the said lordes payenge such reasonable fynes for the same as suche sonne or doughter maye reasonablye agree with the lorde or lordes of the said manour for the same. Item where the saide Tenauntes doo also pretend by the custome of the said manour that theye may yelde over their tene- mentes to any parsonne or parsones by surrendre into the lordes handes and that the lorde or lordes of the said manour shall take a certeyne and a stent fyne for the same and therapon the same parson or pa[rsons]' en[ioye]' the same accordinglye whiche yeldinge by the waye [of surrender is not]' waraunted by the said writinge indented declaringe [the said customes as by]' the same writing playnly apperith ne yet [sufficiently proued by witnes]ses ' It is [therefore] ' ordred and decreed [that the lorde or lordes of the said manor for the tyme beyng shalnot] ' in [anywise here after be bounde by reason of any suche pretended c]'ustome [to graunt any of his seid Cus- tomary landes and tenementes ne yet] ' any of [the said Demesne londes and tenementes to any suche parson or]' parsones to whome any suche yeldinge by the waye of surrendre shalbe made as is afore- said, but onlye at the wille and pleasure of the said lorde or lordes of the said manour for the tyme beinge, and to take such fyne or fynes as the partie to whome such yeldinge shall happen to be made, can agree with the lorde for the same. Item where the said defendauntes being lordes of the said manour have pretended and alleaged before the said counsaille that they have good and iuste cause to take and ' MS. mutilated.
172 COURT OF REQUESTS
sease into their handes all such copie holde landes and Tenementes as the Tenaimtes of the said manour doo seuerally hold of them by copie of Coiirte Eolle as well for that that the said Tenaimtes have hertofore refused to be sworne in the Courte to have been holden at the said manour, and there to enquire and present suche thinges as they were accustomed to enquire of, and therapon to make present- ment accordingly, and also for diuerse other causes of forfeitures, yet neuertheles it is ordred and decreed by thassentes and consentes of the said defendauntes by the mediacyon of the said counsaille, that the said defendauntes, their heires nor assignes shall not in any wise take any maner of Benefite or adauntage of any cause of forfeiture growen before the date of this present decree but that the said Tenauntes shall enioye all their saide customarye tenementes accord- inge to the custome of the said manour, the said causes of forfeiture in any wise notwithstandinge. And it is also ordred and decreed by thassentes of the said defendauntes that suche tenauntes as have any of the said demesne landes and tenementes to theim or any of theim graunted either by the said defendauntes or by any of their Auncestours being lorde or lordes of the said manour, that they shall enioye the same demesne landes and tenementes according to their seuerall grauntes to theim and euery of theim hertofore had or made onles some iuste cause of forfeiture and seasour of and in the said demesne landes and tenementes shall growe to the said defendauntes their heires and assignes after the makmg of this present decree. Provided allwaies that the wyves of suche tenauntes as now do lyve and holde the said demesne landes by copye of courte Eolle by reason of any suche grauntes hertofore made as is aforsaid, shall not in any wise clayme nor have their widowes estate in and to the said demesne landes and tenementes after and upon the dethe of their husbandes and this present decree and euery article therin conteyned to be truly obeyed and accomplished of all and euery of the said parties as they woll aunswere at theire extreme perille vntill the said complejaiauntes haue shewed [and duly proved a] ^ better title for and concernynge the matiers [conteyned in ther]^ said bill of [comp]'laynte.
' MS. mutilated.
COURT OF REQUESTS 173
LEWES V. MAYOR & BAILIFFS OF OXFORD.'
A. To the King our souerain lord.
lo-lo Humbly com[p]laynyng ^ shewitli vnto your excellent highnes 3'OUi' poore subiect and daily oratour John Lewes of Oxonford Baker. That where as he . . .- tymes disceyued in the grynding of his corne at the Castell mylles in Oxford aforesaid by excesse taking of Tolle and . . .- hath refused to bring his corne to the same mihes to be grounde, And hath vsed euer sithens to carye his said corne to other . . .^ where he hath been and is better serued, For the whiche cause so it is graci- ous souerain lord that the Baillifes of the said Towne . . .- contente that your said oratour shulde so do haue not only heretofore without any auctoritie taken from your oratour both his Corne and . . . the same deteyned to their owne vse without any recompence making for the same, But also the Baillifes now being haue . . .^ your said oratour to agree with them and to geve them money for his libertie to grynde where he list,^ to thexpresse wrong of your said . . .Mo his vndoing if remedie by your maiestie be not the soner prouided, It maye therfore please your highnes of your most habundant . . .'•^ to direct your most honorable lettres vnto the maier and Bailhfes of your said Towne of Oxford commaunding them therby vnder a . . .^ payne by your highnes and your most honorable Counsaill to be lymitted, that they from hensforth do not vsurpe vpon your said oratour . . .^ none oth[er] of your graces subiectes contrary to right, but that they maye peasibly enioye thei[r]- fredome and libertie according to justice A[n]d - y[ou]r said oratour shall daily praye to God for the prosperous pre- seruacion of your maiestie long to endure.
Endorsed. * Fiat commissio Willelmo Fermour * et James
' Mr. Hunt's Calendar, Bundle 10, No. tion or otherwise they could not there be
170. served. That in such cases of exception a
■-' MS. mutilated. Baker desiringe licence to grind elsewhere
3 ' That by a Custonie alwayes vsed in should tender to the Complainants or their
the said Towne of Oxon all common bakers Fermors a penny called a grist penny and
should and alwayes haue vsed to grinde soe should have licence.' Complaint of
their corne at the said (Castle) mills and the Mayor, &c., of Oxford against Porye
not elsewhere vppon payne that if any and others, in 1G08. Oxford City Docu-
common Baker grind his corne els where ments, edited by J. E. T. Rogers, ' Oxford
than at the said mills the same or the Hist. Soc' 1891, p. 287.
meale thereof is to be seized as forfeited ^ WiUiam Fermour, of Somerton, Oxon,
to the complainants or their fermors: second son of Thomas Ricards alias Fermour,
except licence haue beene given to grinde Fermour being the name of his mother,
elsewhere in case when for want of repara- an heiress ; appointed coroner and attorney
174
COURT OF REQUESTS
Berry ' Armigeris ad aucliendum et determinandum causam istam si poterint ali(o)quin ad certificandum quindena Michaelis proximo Termino. ^
NicH. Hake. 3
B. By the King.
Tnistie and welbiloiied we grete youe well. And by the continue
of a bill herein inclosed ye maye perceive the complaint of our subiect
in the King's Bench June 1, 1509 (S. P. Dom. H. 8, i. 122). In the commission of the peace for Oxfordshire in 1511, 1512, 1513, 1514, 1522, 1524, 1625, 1526, 1531, 1532, 1536, 1537 (ib. i. 1745, 3015, 4559, 5506, iii. 2415, iv. 137 [12], 1049 [24], 2002 [11], V. 119 [54], 1694, xi. 1217 [20], xii. ii. 157) ; and for the town of Oxford in 1512 (i. 3546, 1516, ii. 2292, 1535, viii. 149 [52]). In January 1512 he received a grant from the King of a moiety of the forfeited manor of Somerton (i. 2055), and in 1516 a pension of £10 per annum for life (ii.2736). On July 12, 1512 he sold the manor of Pinchpolles. Berks, with lands in West- brook and Farnham in that county, to Sir Richard Sutton for the endowment of Brasenose College (Churton's 'Life of Sir Richard Sutton,' p. 424). He was a commis- sioner of subsidy for Oxfordshire in 1523 (iii. p. 1362) and 1524 (iv. p. 234), and in the latter year a collector for the county of the loan for the war with France (iv. 214). In 1530 he was made a commissioner of gaol delivery for Oxon and Berks (iv. 6490 [20]). In the same year he was employed as a commissioner to make inquisition of Wol- sey's possessions in Oxfordshire (ib. 6516). As ' clerk of the Crown ' he was the official who discharged Wolsey's premunire and made out his pardon (ib. 6748 [15]), and for his services during 1530 was granted a reward of £100 on May 16, 1531 (ib. v. 240). In 1533-34 he served as High Sheriff of Oxfordshire (ib. vi. 1481 [29]). In 1536 he was employed, as in the ease in the text, under a Privy Seal, i.e. by the Council or the Court of Requests, as a commissioner to ascertain the facts in a lawsuit (ib. ix. 139). In the same year he was commanded to attend the King with thirty men raised in Oxfordshire to act against the Northern rebels (ib. xi. 580 [2]). He enjoyed the confidence of Crom- well, and in June 1537 was commissioned to inquire into allegations of treasonable language and demeanour on the part of the Abbots of Eynsham and Oseney (ib. xii. i. 127). In June he was investigating accusations against other prisoners in Norwich Castle (ib. xii. ii. 68), unless this was the W. F. of East Barsham, Norfolk,
belonging to another family. F. Blome- field, ' Hist, of Norfolk ' (Ed. C. Parkin, 1807) vii. 56. In August he was in Oxfordshire (xii. ii. 518 ; ef. xiii. i. 735). In July 1538 he was appointed a commissioner of Oyer and Terminer for treasons on the Oxford Circuit (ib. xiii. i. 1519 [14]), and again in February 1539 (ib. xiv. i. 403 [17]). In the latter year he was also nominated to attend the duke of Norfolk at the reception of Anne of Cleves, but his name upon the list is struck through (xiv. ii. 572, 3, iv.). He was commissioner of musters for the Hundred of Powghley, Oxfordshire, in 1539 (ib. xiv. ii. App. 15), and as such pro- vided ' 10 men furnished ' (ib.). In the same year, under the names and designa- tion of ' William Fermour, king's servant, and Elizabeth his wife,' an annuity was granted of £20 (xiv. i. p. 595 ; cf. ib. ii. p. 73). This was his fourth wife, Elizabeth, daughter of Sir William Norysse. The Domestic State Papers at present published end with 1539, and I have not ascertained whether, like his brother Richard, he sub- sequently suffered from Cromwell's dis- pleasure for conservatism in matters of religion. For the story of Richard Fer- mour, the ancestor of the Earls of Pomfret, see Collins's ' Peerage,' ed. E. Brydges, iv. 199 ; Churton's 'Life of SirRichard Sutton,' p. 443 ; ' Diet. Nat. Biog.' William Fer- mour died Sept. 20, 1552. Collins, I.e.
' All that I can find recorded of this person is that he bought a wardship of the king in 1516. S. P. Dom. H. 8, ii. p. 1488. - 13 Oct. 1545.
■■' Sir Nicholas Hare, eldest son of John Hare, of Homerstield, Suffolk, Reader of the Inner Temple, 1542, knighted Oct. 18, 1537, and appointed one of the Masters of Requests in the same year. Chief Justice of Cheshire and Flintshire from 1540-45. Speaker of the House of Commons 1539-40. Reappointed a Master of Requests in 1552. Master of the Rolls Sept. 18, 1553. Died 1557. ' Diet. Nat. Biog.' He appears, how- ever, to have been acting as a Master of Requests in 15^)9. Acts of Privj' Council, 1547-50, pp. 355, 358, 410.
COURT OF REQUESTS 175
John Lewes of Oxonford Baker against the Maier and Baillifes of our said Towne of Oxenford. Wheruppon we trusting in your wiesedomes and indifference woll and desire youe that calling the said parties before youe in our name ye woll groujidlye examyn them vppon the contentes of the said bill with the circumstaunces therof endevoring you ther- uppon to sett suche fynall ordre and determinacion therin as maye stand with our Lawes and iustice, So that for lack of due admini- stracion therof in your defaultes the said John shall haue no cause reasonable eftsones to return vnto vs for further remedye in this behalf. And if ye cannot conveniently so doo that th[en] ' ye certifie vs and our Counsaill attendant on our person in the white hall at Westminster in the quindecim of Seint Michele Tharchangell next ensuing, the trouthe and playneness of the mater vnder your signes and seales, To thintent we maye further doo therin as the case shall rightfullie require, And that youe conforme youe thus to doo as ye tendre our pleasour and the preferrement of Justice. Yeven vndre our pryvye seal at our manour of Horseley ^ the viij*^ daye of July in the xxxvij*'^ yere of our Eeign.^
E. Clerke.''
To our trustie and welbelouad William Fermour and James Bery
Esq. &c. &c.
Endorsed. Exicucio ^ istius comissionis patet in quadrata cedula '^ huic comissioni annexa,
Eesponsio Willelmi Fermour & Jacobi Bury Comissionariorum infrascriptorum.
c. To the king our most gracious soueraign lorde.^
Humble complaynyng shewith vnto your excellent highnes your pore subiect & dayly orator John Lewes of your towne of Oxford,
' MS. mutilated. a dependent of Wriothesley. He is described
^ West Horseley, held by Henry Court- in ib. ix. App. 14 as of Micheldever. He
ney, Marquis of Exeter, beheaded in 1538. appears to have retained his office as clerk
TJj)on his attainder it passed to the Crown, of the Privy Seal as late as 1570. S. P.
and was granted to Sir Antony Brown in Dom. Addenda 1506-79, pp. 8, 208, in
1548. Manning and Bray, ' Hist. Surrey ' which vol. his christian name is incorrectly
(1814), iii. 39. indexed as ' Edw.'
^ 1545. ' Sic.
■* In S. P. Dom. H. 8, xii. i. 1103 (15) is ^ Presumably document d, p. 177, infra.
a grant dated April 1 (28 H. 8), 1537, to ' An amended plaint inserting the names
Edmund Clerke, ' to be a clerk of the Privy of the bailiffs. The endorsement, dated
Seal upon the next vacancy by death or 27 March 1546, was perhaps added after
otherwise of Kic. Turnour, Eob. Fcithe, the return made by the Commissioners
Th. Jefferrey, or John Hever, now having some time in February of the same year,
the same rooms.' Cf. ib. xiii. i. 19, and xi. On the other hand, from the omission in the
1455, 1456, which show him to have been king's letter of 8 July 1545 (document b) to
176 COURT OF REQUESTS
baker That where as he l)eing dyvese tyme dysceyved in the grinding of his corne at the castell my lies in the said towne of Oxford, by excesse taking of tole & otherwise, hath refusid to bring his corne to the same my lies to be ground and hath vsid ever sythens to cary his said corne to other mylles where he hath been and is better serued for the which cause. So it is gracious soueraign lorde that the Balifes of the said Towne not contented that your said oratour shuld so do haue not only heretofore without any auctorite, taken from your said oratour both his corne and his sackes & the same deteyned to their own vse withoute any recompence making for the same, but also the balyfes now being haue compelled your said orator to agree with them & to gyve them mony for his libertye to grynde Where he lyste to the expresse wronge of your said orator and to his vtter vndoyng for- ever yf remedy by your Maiestie be not the soner provided, yt may therfore please your highnes of your most haboundant grace to direct your most honorable lettres of pry vy seale vnto Thomas Malysson and William Tylcok balifes of your said Towne of Oxford comanding them therby vnder a certen payne by your highnes & your most honourable Counsell to be lymyted that they from hensforth do not vsurp vppon your said orator nor other of your gracious subiectes contrary to right but that they may peasably enioy there fredome & liberte according to justice & your pore orator shall dayly pray to God for the prosperous preseruacion of your maiestie longe to endure.
Endorsed. xxvij° die Marcii an° regni Eegis Henrici octaui xxxvij".^
Decretum est per Curiam fieri versus infra nominatos Thomam Malysson & Willelmum Tilcok ad personaliter comparendum coram Consilio domini Eegis in le Wliight halle xv"^ pasche proxima ad respondendum &c. sub pena c. li.
Nigh Hare.-
Expeditum apud Grenewiche xxviij° die marcii Anno regni Eegis H. viij xxxvij"'".'
Per W. Clerc.3
recite the names of the defendants, it may amended plaint may belong to the date en- be inferred that this amended plaint was dorsed upon it, viz. 27 March 1540. filed at a later date. Possibly indeed, seeing ' 1546. that the recital of the next document fol- - See p. 174, n. 3, supra, lows that of the original plaint and is of a ^ Serjeant-at-arms. S. P. Dom. H. 8, date subsequent to 10 February 154G, this xii. ii. 1000, p. 373.
COURT OF REQUESTS 177
D.* ... Oxford and Islyp in the Countie of Oxon the iiij*'' day
of September ^ and the x*'' day of February in the xxxvij"' yere^ of the reign of our soueraign lorde Henry the [ei]gh[t]h ' [b]y ' the grace of God of England & Irelond kyng Defender of the Fayth And in Erthe of the Churche of Englande and of Irelond Supreme Headd Before William Fermour and James Bury the Kynges Maiesties Commys- sioners assigned and apoynted for the matter in varience betwene John Le[we]s ' of the citie of Ox[fo]r[d] "* Baker playntyff of the one partie, And the mayre & Baylyfies of the said Citie defendants of thother partie.
Thomas Pole of the citie of Oxford Playstrer of the age of Ix** yeres sworne and exhamend Deposith therewyth vppon his othe that now of late he sawe the meale of the said plaintiff brought ... e Ho the said plaintif his f' . . . whiche the said plaintiff said shulde haue byne ij quarters of meale, And when this Deponent sawe yt mesured in the presentes of the myller of the Castell mylles whiche grounde the sa[id]* meale, And ytt lackett one hole Busshell of meale, And at an other tyme thys deponent was desyred to se the mesuryng of an other gryste of meale of the said plaintiff And likewise ther lacked an other Busshell of meale that the said plaintiff owght to haue hadd besyde the tolle &c.
Eoger Gretwich of said Citie Taylour of the age of 1*' yeres sworne & exhamend saith & deposith vppon his othe that he was present at the metyng of all the said meale aswell at the goynge forth of the Corne of the plaintiff to the Castell mylles as also at the cummynge home of ytt in meale And syth in all and euery thyng as the said Thomas Pole bathe before deposyd.
John Hylle of the said Citie Baker of theage of 1^' yeres sworne & exhamend Deposith & saith apon his othe that he knewe Eobert Frewen of the said Citie Baker beyng his maister, That at euery gryst almost th[at] ' he grounde at the said mylles, that his said maister lackett at the leyst half a stryke ^ of meale. And colde neuer perceyve how yt was conveyde,'' But only by some Suttell crafte of the miller that noman colde perceyve But by them of the same crafte of myllers.
John P . . ^ of the said citie hathe confessed before vs the said commyssioners that he was called to the mesuryng of one of the
' This paper is much mutilated and ^ A strike = a bushel. Halliwell.
damaged apparently by wet. * ' Convey the wise it call,' Shaksp. ' Merry
■' 1545. •'' 1.546. Wives,' i. 3.
* MS. mutilated.
N
178 COURT OF REQUESTS
grj'stes of the said plaintiff att whiche tyme he laekyd one stryke of meale, And the seid plaintiff colde haiie no recompence for the said meale &c.
John Pye nowe beyng one of thalthermen of the said citie hathe lykewise confessed before vs the said commyssioners that in a certen Gryste which he putt to the said mylles [to] ^ he grounde, Att the cummyng home of hys meale he lacked one busshell of meale. How- beytt vpon complaynte therof made to the said Baylyffes he was restored therof ayens &c.
Edward Huntt of Kytlington^ in the said countie Baker late occiipyeng bakyng in the said Citie saith and complayneth to vs the said commyssioners that he was mysvsed by the said Bayhffes and myllers for the tyme beyng accordyng to thys bill of complaynte hervnto annexed ^ &c.
Also the said Koger Gretwich and one Eichard Fallowes of the said Citie a Journey man to Bakers Crafte Sworne & exhamend Deposed & said vppon their othes that the xxij*'' day of January last past they were bothe presentt with the [ajforsaid ' plaintiff, And John Hewett now beyng myller of the said castell mylles at the metyng of one Gryste of meale of the said plaintiff, And then & there the said plaintiff dydd accompte and recon with the said myller how moche meale he lacked of dyuers of his grystes sith Cristmas last past. And then the said myller colde not denye yt But dydd confesse to thies Deponentes that the said plaintiff dyd lacke v Busshelles of Whete of his dutye, And graunted to pay hym therefore heraftir when he shulde be able, And they desyred thies Deponentes to wytnes the same, And the said Eichard Fallowes knowyth all this to be trewe, for that he was att the mesuryng of all the saide Corne & meale with the said plaintiff & myller &c.
Hanmow ^ a Bedle to the vniuersitie and inhabitaunt in the said citie And Thomas Pole aftbrsaid sworne and exhamend deposith vpon their othes, that they weyre att diuers other tymes to the mesuryng of the s[aid] ' plaintiffs grystes cummyng frome the said mylles sith Cristmas aftbrsaid, And they haue reconed the hole losse of the said plaintiffs meale together And do well remembre that the said plaintiff hath lackett in all the said tymes xv Busshelles of Whete at the leyst of his dewe grystes besyde the Tolle &c.
John Eope of the said citie skynner of theage of xliiij yeres sworne
' MS. mutilated. [ford. There was a well-known Oxford family in
2 Now Kidlington, five miles N. of Ox- the fourteenth century named Handlow or
^ See document e, p. 180, infra. Handlo. See A. Wood, ' Survey of Oxford '
* Beading doubtful. MS. scarcely legible. (1890), ii. pp. 468, 9.
COURT OF REQUESTS 179
& examened deposith upon his otlie that this vj*'' Day of February last past he was called to the mesuryng of xx" Busshell of Whete of the said plaintiff whiche was delyueryd to the said mylles And at the mes[uryn]g ' theroff at the cummyng [hom]e ' of the said whete, ytt lackett ij busshelles of meale of the said plaintiff dutie, whiche he myght haue hadd att other mylles yf he hadd byne truly handled &c.
Also the forsaid Thomas [P]ol[e] • telder with Thomas Pole his sone of thage . . ij*'^ yer[es] ' Depose & saye that the last day of January aforsaid they were called to the mesuryng of one quarter of Whete, whiche was delyueryd by the said • ... [to th]e said mylles And at the cummyng home th[eroft"] • they saw it lacked iij pykes ^ meale of the said plaintiffs dutie &c.
And farther all thes[e] . . . ^ vppon their concience that the said plaintiff bakyd truely for the uniuersitie citie & contrie at the leyst vj quarters of W[hete] ' Wherein they exteme playnly that the said plaintiff losyd . Busshelles of Whete at the leyste whiche he myght haue at the said mylles beyng truly vsed.
And further the said James . . ' Eichard Fallowes beyng at the mesuryng ij ' quarters of W[hete] ' of the said plaintiff w[hic]h ' was grounde at a mylle called Hynkesey mylle And at the cummyng home of the meale theroff the seid plaintiff had xvij busshelles of meal of the said ij quarters and as well all . . ^ beyng truly vsed.
John a Novon of thage of P' yeres sworne & examind [be]yng ' a myll[er] . lez mylles . grynid at the . . saith & profith [vpon h]is ' othe that vppon Christmas eve last past when the said plaintiff cold not be serued at the said castell mylles for lake of water and therefore . . said citie with . . . whete of the said plaintiff. And bryngyng the meale therof home through the said citie on William Tyl[cock]' [Bay]ll[ifif] ' of the said citie .... Iffeley mille . . [too]ke ' awey fro this Deponent the said quarter of whete then beyng in meale And yet [retjayne . . by virtue of their lyberties as then . . . claymeth &c.
William Norres of the said Citie mercer of the age of 1 . . James Clerke of the same Citie Capper of the age of xxxiij yeres And the said Roger Gretwiche saith and deposith vppon their othes that the vj day of October last . the said plaintiff had v*'' Quarters of Whete whiche was grounde at the said Hynkesey mylle, And at the bryngyng home of the said meale in a carte by a carter of . . . one Thomas Malyson nowe beyng one of the Bayliffes of the said Citie dyd by violence take fro the said carter all the said meale as a thyng
' MS. mutilated. - Peck, i.e. ^ of a bushel in all.
180 COURT OF REQUESTS
forfytt to them by Eeason . their clayme of privyledge. And then & there the said Bayhff by greatt force [and] ' violence toke the said plaintiff and haled hym through the Stretes of the said Citie toward their prison called Boke Ardowe ^ puttyng hym in jepardy of lyve and callyng hym [perjjm'ed ' and faulce forswarne harlott to their Citie, with many other abbrobio[v]s ^ & malicious Wordes, And thretynges say[ing] ' here he shulde remayne in Ward . . . .^ colde nott haue all the said corne agens but by means of maister Fermour, whiche sendeth a seruaunt to Oxford to the s[aid] ' Baylyffes for the delj'verye therof &:c.
Per me Willel3iitm F armour. Per me Jacobum Bury. Also syth the tyme of thies deposicons taken and oour letter^ made the said Baylyffes haue taken awey one quarter of Whete meale frome the myller of Hollowell mylle cummyng home to the said plaintiffs howse in Oxford And then & there with great forse [and] ' violence toke the said myller by the necke putting a dagger to his . sayng with abbrobrons and malicious Wordes yf he Piefused to goo with the[m]' he shulde haue no other prest but that dagger And so halyd hym t[o] . prison and there Piemayned by the space of ij oweres. And after that . the said Bayliffes dothe detayne all the said mayle as a thyng forfytt and all thus the said myller hathe confessed to be trewe before William Freurt of the said citie alderman and Piandulph Walker yoman w[ith] dyuers other &c.
E. Complaynythe vnto youre maystershyp Edwarde Hunte baker nowe dwellyng at Kytlyngton and late off Oxford that wheare as the sayd Baker hathe beyne mysussed & his mealle oftyntymes tacon away at the Castell mylles in Oxford by the myllers and Baylyffes for the tyme beyng, And there off haythe complaynyd hym Dyuers & sondry tymes vnto Thomas Elwes & Eichard Whyttyngton then beyng Bayllyffes off Oxfford afforesayd & mayster oft' the sayd mylles to haue Piemydy thereoft", ifc yit culd haue none wherefore the said Edward dyd grynd his corne at the said Kytlyngton mylle/ And as hys seruand was commyng to Oxford wythe hys mealle, the sayd Baylyffes mett with hym by the way owt oft' the Lyberties off Oxford by great force & vyolence towke fro hys sayd seruaunt all hys mealle whyche con-
' MS. mutilated. at Islip, on 10 Febr. 1546, which Hunte was
^ Bocarclo. See Boase, ' Oxford,' p. 44. afraid to given in extcnso at Oxford. See the
^ The letter (document g, p. 184, infra) heading of document n, p. 177, to which
was written after the first sitting at Oxford, document e was probably once attached.
on 4 September 1545, and presumably docii- '' See Mrs. B. Stapleton, ' Three Oxford-
ment e is the evidence given at the sitting shire Parishes' (Oxford, 1893), p. 50.
COURT OF REQUESTS 181
teynd v busslielles of wheat mealle Whyche was to the valew of x s. & alsso ij sackes whyclie was worths ij s. whyche was off the goodes off thys playntyff, And then thys sayd Playntyff myssyng hys sayd seruaunt & mealle went toward the sayd Kytlyngton, & so met with the sayd Baylyffes commyng to ward Oxford with hys sayd seruaunt & mealle, & then & there the sayd Bayllyffes with malysshsyus & froward wordes dyd drawe out there weapons at the sayd playntyffe sayng that he shulde well knowe & fynde what a falsse harlot he was to the sayd cyttie of Oxford & privelydge, for gryndyng off hys corne fro the sayd Castyll my lies, And then with force dyd stryke the sayd playntyffe vnto the grownde & there had slane hym yff a colyer & other people had not cum to helpe hym, And thus Done they towke all the said mealle And sackes wythe them as a thyng forffyt & hathe occupyed it to theire owne eusse & the sayd playntyffe ys cleare wythe owt Eemydie for lack off Justyce in the premysses In so moche that the sayd playntyffe was compellyd to for sayke the sayd Towne off Oxford to hys vtter vndoyng for euer oneles yt may pleasse youre good maystershyp to provyde some Eemydy in thys behalfte.
F.i . . .2 [an]swer- of Thomas [M]al[ysson] and Will[iani]'^
T[yl]kot- to the Bill of Complaint off John Lewes.
The said defendauntes seyen that the said Bill of Coraplaynt is incerten & insufficient in the Lawe to be aunswered vnto & procured alone to thentente the said compleynant wold withdrawe the grinding of his corne from the seyd milles called the casteh myJles contrary to Eight and equite and contrary to his othe made when he was freed of the said Citie of Oxford and contrary to the auncyent Custome of the said Citie. And further they seyen that of the mater of the said Bill of complaynt the trew . . .^ the aboue^ is determinable within the said Citie before the Meyre there for the tyme being wher all accions aswell Eeah as personall & all other ki . . . - within the precinct of the said Citie of Oxford ought aswell by the auncyent Liberties of the said citie as by auncient vsage tyme owt of mynde vsed therto . . .^ ther to be h[eajrd'' & d[eter]myned ^ & not ehs where The SuburbeaeUhe-sam^.-^ And for asmyche hit apperethe by the said bill of Complaynt tha[t]^ the grieuances^ & wr[ong]es- alleged by the sayd byll of Complaynt as suj^posed to be committed & don within the precynct of the seyd Citie of Oxford & within the Lym[itt]es^ of the said [Cit]ie- [by]'^ the said
' This MS. is mutilated, and in sonae ^ Doubtful. MS. scarcely legible,
parts illegible, apparently owing to the * MS. partially legible,
action of damp. ^ fcjic. So struck through in MS.
^ MS. mutilated.
182 COURT OF REQUESTS
Defendauntes proven ' that the said mater may be Remitted to be tryed there and that they may be dismissed owt of this Court without makyng any ferther aunswer Never[theless]- iff they shalbe com- pelled to make ferther aunswere to the said bill of complapit then the seid Defendauntes for aunswere ther vnto seyen that the seid Citie of Oxford about afoure yeres last past^ was by our Souerygne Lorde the kynges Hyghnes that now is made a Citie and the same before that tyme was an auncyent T[ow]ne- & castel by the name of the towne of Oxford and hathe ben encorporate tyme out off mynde by the name of Meyre & commonaltie [of] - the same . . . [th]en ^ endowed by the kynges most noble progenitours with duees & sundry Liberties pryveledges & fraunchises and the meyre & comynaltie ther^ hathe & [hjoldethe ^ & tyme owt of mynde have had and holden the seid Citie & Suburbes of the same of the Kynges Highnes and off His most noble progenitours ... fee'' farme payng therfore yerly into the Eeceyte of thescheker the som off ■'' whiche feeferme is borne & paid by the
baylyfes of the said Citie for the tyme beyng & they are yerly charged with the payment theroff. And for the payment thereof the said meire and commynaltie haue & enioye divers landes and tenementes withein the said Citie & suburbes & other casualties Rysing within the same and the said defendauntes seyen that the said meyre & commynaltie be & tyme owt off mynde haue ben seased of the moyte oft' the said milles called the Castell milles in theire demean as of fee, as in the ryght of ther Corporacion & and of the moyte of the Tolle and other profittes belongyng to the same. And ferther they seyen that all the inhabitauntes within the said Citie & Suburbes beyng freemen of the said citie ben bounden as well by ther othes taken when they be admytted to enioy the fredome of the said citie as also by the auncyent custom vsed ther tyme out off mynd to grynde their Corne at the said milles peyeng a certen toll for the gryndyng theroff as hathe ben accustomed and ferther they seyen that at all suche tymes as any of the said inhabitantes hath ground ther corne from the said milles and the same knowen & perceyved they haue ben for that offence grevously amercyd and ferther they seyen that at suche t3'mes as anj' suche inhabitauntes haue ground his or there corne awey from the said milles and the same myght be taken by the baylyfes of the said citie for the tyme beyng or by there officers as^ commyng from gryndyng that then hit shuld be lawful! for the baylyfes there to haue & take the said Corne & to enioy the same as beyng forfeyt to the seid
' MS. partially legible. ' ^ Doubtful ; MS. scarcely legible.
- MS. mutilated. * Blank in MS.
■' Sept. 1. 1542. Eym. 'Feed.' xiv. 754.
COURT OF REQUESTS 183
towne. And ferther the said defendaiintes sayen that they beyng elect bayHfes of the said Citie for this present yere havyng perceyved that the said complaynaunt being an inhabitant withein the said Citie & a freeman off the same and a commen Baker ' hath at sundry tymes this present yere prevely withedrawen his siite from the said milles & ground his Corne away from thence haue gentelly ad- monysshed hym to reforms hym selfe offeryng hym that iff he could perceive any default to be in the miller in the gryndyng of his corne or else in excessiue taking of Tolle that they wold recompence hym for hit to the vttermost, And also offered hym to take suche a miller to grynde ther in the said milles as the said complaynaunt wold hym selfe provide & they wold content & pay hym his wages withe divers other gentell offers for ryght and equitie to be admynistred vnto hym concernyng the gryndyng of his corne suche as no reasonable man wold refuse, yet that notwithstondyng the said complaynaunt off his wilfull & couetous mynde perceyving corne to be dere this yere ^ and that he might haue his corne grounden at other milles for a porcion off monney without payeng of any Tolle hathe stille withdrawen his Corne from the said mylles gryndyng at other. Wherapon the said defendauntes beyng compelled aswell for the savyng of the Liberties of the said Citie as well for savyng of them selfes from losses & damages beyng charged to pay the fee farme to the kynges Highnes this present yere and all by certentye that they may gather to- wardes the payment theroff will not amount to the som of the sayd ferme by a good sum of m[onne]y^ but the greatest parte theroff restethe to be leuied of the proffetes of the said mills leyd at divers tymes watche to take the corne off the said complaynaunt . . .■* certcn other mylles & divers^ at sundry^ ty[mes]^ . . . "* the said corne, and yet neuertheles at divers suche tymes apon Sute made by the said complaynaunt and his freyndes vnto them and vpon promise made [by]^ the said complaynaunt that he wold amend and grynd at the said mylles accordyng to his dute they haue delivered hym his corne ayens. W[herea]s ^ hit is alledged in his said bille of complaynt that the said defendauntes haue compelled the said complaynaunt to agree with them and to give them monney for libertie to grynd wher he lyste to that the said defendauntes aunswere that they neuer toke any monney of the sayd Complaynaunt nor receued any of hym for
' I.e. not privileged ; see p. 185, n. 2, the previous year and with an average of
infra. It was upon the plea of privilege 10s. 8d. for the decade 1541-50. Kogers,
that the similar case in 1608 went against ' H.A.' iv. 288, 292.
the city. ' Doubtful ; MS. scarcely legible.
- The average price of wheat in 1545 ' MS. illegible,
was 15s. 6|d. as compared with Us. 0]d. of -^ MS. mutilated.
]84 COURT OF REQUESTS
any suche purpose, but they sey that the said complaynaunt hathe made sute with them divers tymes to haue lycence to grynde a way at his pleysour and hathe offered to give them monney therfor, whiche to do they haue refused considering with them selfes that his example shuld give corage and mynyster occasion to other to procure the Hke lycence wherby by successe of tyme the sute to the said milles myght be lost and consequently thenhabitauntes of the said Citie that shalbe Baylyves of the said Citie in tyme to come beying charged by ther office to pay the kynges fee farme shalbe ondew* bounden. Without that that the said complaynaunt hathe ben deceyved in the gryndyng of his corne at the said milles by excessyve taking of Tolle or other- wise to the knowelige of this defendauntes And without that that any other thing alledged yn the said bill of Complaynt- . . .^ material other then ys by this aunswere sufficiently aunswered vnto confessed and avoyded or trauersed is trew all whiche mater the said defen- dauntes are redy to aver a[s]^ this Court will awarde and prayen to be dismissed owt of the same withe ther costes and charges by them susteyned in this behalfe.
Endorsed Lewes versus Balliuos Oxon.
G. Eight Worshipfull oure duty remembyred yt may plese your mastership to be aduertesyd that in accomplysshyng of [the] ^ kynges maiesties comyssion to vs dyrectyd concernyng John [Lewes] ^ of the citie of Oxon baker, & the mayer & bailies of the same citie, whe acordyng to oure bounden deuties satt at Oxford the iiij*^ day of Sep- tember last past then & ther beyng before vs the said comiscioners bothe the said parties, wher whe then examend sarten wytnes at whiche tyme complaynt was made onto vs that sundry persons were then come to depose before vs for the parte of the said John Lewes, whiche durste natt tary ther to be examynd be reson of grett oppro- bryous wordes and thretes gevyn ther on to them be the citizens saieng they were but false harles * with other rebukefull wordes & that they shulde know right well &c. Wheroppon some departyd frome thens onexamynd & wolde nott be founde no more that daye & other persons ther were that were aferd to come before vs within the Citie desyreng vs then to poynt some other indyffrent place owte of the Citie & they wolde come before vs wheroppon whe then appoynted to sytt at Islyp
' Doubtful ; MS. scarcely legible. hounds, Oxon.' Apparently the word here
* MS. illegible. " MS. mutilated. means ' hounds.'
* Halliwell, s.v. ' harle,' gives ' three
COURT OF REQUESTS 185
& SO dyd as dothe apere &c. Howbeytt the day of oure comyscon was then expyred whiche now lythe in you to order att your plesure requireng your mastership this to infourme my lordes & masters with your mastership assosyatt & so whe comytt you to Ahiiyghty God Wlio long preserue your mastership to hys plesure. Wryten in haste be your owne to comawnde.
William ffekmour.* Jamys Burye.
Endorsed. To the Eyght Worshipfull Sir Nycholas Hare Knyght, one off the kyyges maiesties Councellors be this yeuen.^
WHYTTING V. COOKE.^
A. Deposicions * takyn at Westminster the xj daye of Februarii
anno &c. xxxvj**"^ on the behalff of Eaulf Cooke defendant ageynst John Why t ting.
1545 Thomas Smythe of the Citie of London Fletcher of the age of xl yeres or there abowtes sworen & examyned vpon his othe deposithe & say the that towelling the firste article he knowithe nothing but by Keporte of an honeste man callyd Cristofer Woodward of Glowcester Flecher & Father in lawe to Eauffe Cooke whiche dyd tell the kingea Flecher withe this deponent & others that his sone in lawe had bar- gayned withe one John Whytting for xx*' thousand Fethers, & had sent theym to Brystowe from Glowcestre & that the said John Whytting had refusyd theym at Brystowe, whervpon the Fethers were sent ageyn to Glocester. But this deponent rememberythe nott whether that he sayd that the holle contente of xx™ fethers were delyuer^'d or nott. But he saythe that vpon Cristofer Woodwardes informacion the kinges Flechers
' Obviously written in haste by W. F. Anno Eliz ll" Lewes being a priuiledged *
^ I have not been able to tind the judge- man aeknowledgeth the custorae to bind
ment delivered in the Court of Bequests, but him, and tooke licence for 14 li. Rent to
a summary of its effect is contained in the grind elsewhere before that he had sued in
' Oxford City Documents,' edited by J. E. the Court of llequests and was ordered to
Thorokl Rogers, 1891, p. 293 :— grind at the said mills."
" Order in the Court of Requests. Vide ^ Mr. Hunt's Cal., Bundle 13, No. 113.
the order in the Court of requests 38 Hen. 8 ■* The pleadings have not been found,
at the suite of Lewes by which he was * 1545. allowed in respect of falsehood proued in
Towne Millers to bringe other Millers to * Privilegerl persons appear to have onnsisted of
,, ,,.,, , ■-,■>■ rn • i 11 (1) Bakers for the Liiivcrsitv, and (2) Convholders
those Mills to grUKl his Come paymg toll of •mannoisthembont.' Rogvrs, > Oxford City Docu-
to the Bayliffs. meuts,' pp. 284, 285, 289.
" Vide 'also Lidenture dated 20 Martii
186 COURT OF REQUESTS
comandyd that the same Fethers shulde be sent vpp to London by vertue of theyr comission, for the tryall to knowe whether they were good & sufficient or nott, whervpon they were sent vpp & when the kinges Fletchers & others of the cytie withe this deponent had sene theym, they dyd alowe them to be accordyng to hys bargayn. And there vpon the kinges Fletcher tooke theym by commission for the kinges maiestie & payd to Eaulf Cooke xviij d. for am'' as John Whyttyng should have payd and Further this deponent knowith nott.
{Signed icitli a mark.)
John Storkey of the citie of London Flecher of the age of xxxiij yeres sworen & examyned vpon his othe saythe to the first article he knowithe nothing but to the other he saythe that those fethers that were browght vpp to London & reportyd to be refusyd by John Whyttyng, were good and lawfull fethers for theyr occupacion, wher- vpon this deponent being warden of the occupacion of the Fletchers & the kinges Fletcher withe others toke tlie same Fethers by vertue of comission for the kinges Maiestis vse & behalf, and payd to Eaulf Cooke for everye thowsand xviij d. and Further this deponent knowithe nott.
By me John Storkye.
Thomas Wynckffeld of London Fletcher of the age of xxxij yeres sworen vpon hys othe saythe that he dwellyd withe one Cristofer Woodward father in lawe to Eaulf Cooke deffendant a yere & more withe hym & hys wifif and saythe that after Easter laste paste this deponent being at worcke in a chamber ther cam John Wyttyng of Brystowe to hys maisters howse in Gloucester for certayne Fethers whiche he had bowght of Eaulf Cooke, whiche Fethers were redye for to be delyueryd, and when he had sene theym forthe of a bagge in a chamber he retusyd theym & dyd trede theym downe the stayres withe his Fette. And further this deponent saythe that there was all the holle content of xx^^ thousand redye for hym, whiche he refusyd and immedyatlye John Wytting went vpp in to thys deponentes maisters chamber where his maister ley syke & servyd a subpena vpon hym & when he had donne he went his waye & withe in a monethe after this deponent dyd Trusse vpp the same Fethers & sent theym vpp to London, but by a caryar of Glocester. And further this deponent knowithe not. (Signed tvith a mark.)
' Feathers seem generally to have been sold by weight. Rogers, 'H. A.' iv. 875.
COURT OF REQUESTS 187
Thomas Dennynge of the Citie of Glowcestre Fletcher of the age of xxxiiij** yeres sworen & examined vpon hys othe deposythe & saythe, that abowte our Ladys day in Lent was a Twelmonethe • Christofer Woodward father in lawe to Eaulf Coolie dyd promyse to John Whyttyng nowe complaynaunte that he woold provide for the said John Whytyng xx*' m' Fethers redye for the said Whyttyng ageinst a certayn daye in Gloucester in the behalf of Eaulf Cooke nowe deffen- dant, and the said Christofer Woodward so dyd accordyng to hys promes and whan John Whyttyng cam to Gloucester to Woodwardes howse he demandyd his Fethers & Christofer Woodward lyeng on hys deathe bed answeryd hym that they were redye in hys owne bagge whervpon John Whyttyng went vp into another chamber where the fethers were & in presence of this deponent he put hys hand in to hys bagg where the Fethers were & lokyd vpon a handfull of theym & lyked theym nott whervpon he showke theym forthe of hys bagg & toke yt with hym & went hys waye, and shortely after the same fethers whyche John Whyttyng refused were sent vp to London by the caryars of Gloucester and when they came to London they were takyn as good & lawfull Fethers for the kinges maiestie and the kinges officers payd the same price for theym that John Whyttyng shuld haue payd. And further this deponent knowithe nott, as he saythe. (Signed with a mark.)
B. Literrogatories on the part of Kauff Cooke ayenst John
Whyting.
Fyrst Whether the seid Rauff Cooke was redy & offered to delyuer vnto the seid John Whytting xx*' thousand fethers att Gloucetter and whether the seid John Whyttyng refused to receve the same or
Item whether the seid fethers were good & laufull fethers for Flechers occupacion or nott.
Item whether the same fethers so refused by the seid Whytting were taken by warrand to the kynges vse by the kynges Fletchers or nott and whether the kynges fletchers paied the price for them as moche as the seid whittyng should haue don accordyng to his bargayn if he had taken the same or nott.
/Thomas Smythe. The names of the wytnesses \ John Sterky.
I Thomas Wynfeld.
Endorsed. Cooke querens Whyting.
' March 25, 1544.
188
COURT OF REQUESTS
■ c. A bill of the plaintiff's costs.
Item imprymis for the Kynges preyue siell vij s. for my byll and my consell v s. which dose mont for the copy of ys answer viii d. which amont for my ry ply easy on ij s. which amount for the copy of ys rygender viij d. + * for the draying of the interrogatorys j s. + for my cost comyng vp & down at meysomer
terms vij days viij s. which dose amount . + for my cast beyng there viij deys viij s. + for my horse hyre v s. which mont + for my cost at michellmas terme for vj days
comyng vp & downe viij s. + & for vij days that I dyd tary here vij s.
for a comesson iij s. viij d. which amount . for the reytorn of my comeysoners man + for my costes at ester terme comyng iij days
which ys iij s. which dose amount + for my beyng here viij days viij s.
for the copy of the deposyssyons iij s. iiij d. . + for the cost & chargys when the comeyshinours dyd
sett which dyd cost xiij s. iiij d, which amontt + for rydyng to Gloseter when that I shold a reysey ve
my feythurs which cast me iij s. iiij d. + & for rydyng to Glosetor after ester for my
feythurs iij s. iiij d. which dose amount . + and for sendyng of my seruand to Glosetor for my feythers which dyd cost ij s. amont .
taxatur xxs. iiij li. xij s. 8 d.
VljS.
vs. ijs.
viij d.
vnj
iid.
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vnj s. |
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viij s. |
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vs. |
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viij s. |
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vij s. |
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iij s. |
viij d |
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iiij d |
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iij s. |
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viij s. |
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iij s. |
iiij d |
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xiij s. |
iiij d |
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iij s. |
iiij d |
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iij s. |
iiij d |
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ijs. |
D.^ xvij die Mail anno regni regis xxxvij".'
Wher vpon dlsclosyng and heryng of the mater in trauerse betwene John Wyting of Bristowe partie complaynaunt ayenst Eauff Coke of Worceter defendant for & consernyng a bargayne and sale made by the defendant to the complaynaunte for the nomber of xx*' thousande fethers for the some xxx s. payed vpon thagrement of the said bargayne
Marked + in MS.
Mr. Hunt's Cal., Bundle 4, No. 122.
' 1545.
COURT OF REQUESTS 189
as by the byll of the forsaid John Whyting resyting the same further ys declared It ys nowe seen to the kinges consaill vpon heryng of the witnes brought on the behalf of the forsaid parties that the said defendaunt dide not accomplisshe ne truely per forme his said convenaunte accordingly as by the testimony and sayng of the said witnes playnly appereth. In consideracion wherof and for that the defendaunt dide receyue & hade of the complainante the forsaid some of XXX s. accordj^ng to the agrement made and therfor had nother fethers nor yet his money to hym repayed but by occasion of the same bathe byn compelled to his costys and changes to sue to the kinges consaill for the same They haue nowe ordred that the forsaid Eauffe Cooke shall immediatly vpon sighte herof not only pay to the com- playnaunte the said xxx s. by hym receyved in forme aforsaid but also paye to the forsaid Whitynge xx s. to hym awarded for and towardes his costes susteigned in suete of this mater. This order to be obserued and kepte without fraude or colucion ther to be made by the defendaunt it ys commanded vnto hym vpon the daunger that therof may folowe & ensue.
This order was accomplisshed the xx*' day of the moneth aforsaid and the money payed afore the consaill & eche partie acquited other.
ORDERS AND DECREES.'
Eodem die.^ The cause betwene John Whyting plaintyf ayenste Rauff Cooke defendant ys ordred that bothe parties with theyr counsaill apper for the heryng of theyr mater vpon Fryday next commyng so that noo delaye then be made by eyther of theym to the contrary vpon payment of suche costes as shalbe in defaulte therof sessid & awarded.
YONG V. N0RTH.3
To tlie Kyng owr soueran Lord.
)51 In most humble wise showith & complenyth vnto your highnes your pore subjet Herry Yong that where one Richard North & one Anthony Eden seruaunt vnto Edmond [Copp]^yndale fatherinlawe vnto your seid orator the first daye of Nouember in the third yere of
» Vol. vi. p. 396. ' Mr. Hunt's Cal., Bundle 16, No. 70.
■ I.e. nonodie Mali anno Ac. xxxvij" (154.5). =• MS. mutilated.
190 COURT OF REQUESTS
owr soueran lord the kyng that nowe is * cam[e] ^ [ . . . ] o ^ your seid orator at Yorke then & ther showyng vnto your seid orator how that the seid Edmond Coppyndale had barganyd and sold vnto the seid North TJ fothers of lede for the somme of xxxj li. ^ and further declaryng vnto your seid orator that the will and mynde of the seid Coppyndale was that your seid orator shuld resseve of the seid North x h. parcell of the seid xxxj li. and therof to make the seid North acquytans and then your seid orator to be bound by his bill vnto the seid North that the seid Coppyndale shuld delyuer to the seid North the seid vj foethers of lede wherapon your seid orator gyffyng credans vnto the seid Edon & North ressevid the seid xli. and also made a bill in your orator * name for the delyuere of the seid lede as is aforseid to the seid North where of truyth the seid Coppj^ndale neuer coneludid upon any suche bargayne with the seid North 3'et that not withstondyng your seid orator hath often tymes requyred the seid North of the delyuere of his seid bill yet that to delyuer he vtterly refusith sayng that he will sew your seid orator for the delyuere of the seid lede apon the seid bill to the gret vndoying of your seid orator except your highnes favoor be vnto hym shown in this behalf. In consideracicn wherof it maye pleise your Highnes to graunt your lettere of privy saile to be directid vnto the seid North commandyng hym by the same personally to appere before your most honorable Counsell at West- minster attendyng vpon your person at a serten daye & vnder a serten payn by your highnes to be lymytted ther to answer vnto the premisses and after to abide suche decre it order as your seid Counsell shall take in this behalf and your seid orator shall daily praye to God for your noble estate long to endure.
FORSTER. -^
Endorsed. Apud London ix° die Maii anno regni regis Edwardi vj'' quinto.*^
Fiat priuatum sigillum versus infranominatum Eicardum Northe ad personaliter comparendum comram^ Consilio domini Eegis le Whyte Ilalle apud Westmonasterium xv"'"' Michaelis proxima " sub pena c li.
Nicholas Har. ^
' 1549. " Sic.
^ MS. mutilated. ^ Counsel's signature. I have not been
^ Tlie price of the fother in pigs in 1550 able to identify the peison.
is given by Rogers as £5 10s. 6d. ' 11. A.' "^ 1551. " Oct. 13, 1551.
iv. 480. For the fother see p. 204, n. 1. * See p. 174, n. 3.
COURT OF REQUESTS 191
Defendant's Bill of Costs.
" Charges of Eychard Northe merchand in Yorke concern3mg the mater in traves betwyxt henry yong plantyff & northe defendant.
Fyrst my charges frome yorke to london beyng ix'''' mylles xv s.
My charges home xv s.
My costes here x days xx s.
My man a lawe vi s. viij d.
Charges in thys cowrt ii s.
Summa Iviij s. viij d. tax ad xxs,
William Mey, ' " No other j^rocccdiuc/s foinid.
BOSTOCK V. CRYMES.-
A.^ Interrogatoryes to be mynystred vnto the wytnesse to be
brought in on the parte and behalff of Hugh Bostock partie complainant agaynste John Crymes partie defendant concernyng the tender of the some of xiij li. iij s. made by the said Hugh for and in the name of John Alexander of the Nantwiche in the Countie of Chester.
In primis whether the said Hugh Bostock before the kynges maiesties firste proclamacion made concernyng the falle of certayn of his Maiesties Coyne, dyd come to the said John Crymes beyng in his shoppe at London, and then and there declaryd vnto the said John Crymes that he had broughte xiij li. iij s. from the said John Alexander to be paied to the said John Crymes, and wylled the said John Crymes to receyve the same or not.
Item whether that the said Hugh at the same tyme wolde haue countyd owte the said some of money to the said John in the said shoppe or not.
Item whether the said John Crymes dyd thervpon denye to receyue the said some, and wolde not suffer the said Hugh to compte owte the said some of money vnto the said John Crymes or not.
' This is the signature of William Mey, ^ Mr. Hunt's Cal., Bundle 14, No. 28.
then dean of St. Paul's and a Master of ^ The statements of claim and defence
Requests (see p. cvii). Archbishop elect of have not been found. York, died 1560. ' Diet, Nat. Biog.'
]92 COURT OF REQUESTS
Item what manasyng or thretenyng wordes dyd the said John Crymes then & there speake to the said Hugh Bostock.
Endorsed. Bostock versus Crymes.
B. Deposiciones capte apud Westmonasterium xxj die Junii
anno regni Pie?;is Edwardi yj sexto ' ex parte Hugonis Bostocke versus Johannem Crymes.
William Woodall of the Holt in the Countie of Denbigh in Northe Walles of the age of xl yeres or ther aboute sworne & examynyd deposith & vpon his othe saithe that that ^ he was present when that Hugh Bostocke came to the Shoppe of the sayd John Crymes beyng in his sayd Shoppe in London & then & there declaryd vnto the sayd John Crymes in the heryng & presens of this deponent that he had brought vnto the sayd Crymes xiij li. iij s. frome John Alexander & desyryd the sayd Crymes to receyue the sayd xiij li. iij s, whiche tender was made between vij & viij of the clock in the mornyng the same day before the first proclamacion of the fall of money was made and that the seyd Hugh Bostock wolde haue countyd & tolde oute the sayd xiij H. iij s. in the sayd Shoppe but the sayd John Crymes dyd refuse to receyve the sayd xiij li. iij s. nor wold suffer the sayd Bostock to counte or tell out any money ther layng his hand vpon his dagger byddyng the sayd Bostocke gytt liym oute of his Shoppe orells he wold bryng hym oute callyng hym Chorlle & other probriouse wordes whiche nowe he dothe not well remembre & otherwyse he cannot depose.
Signed with a cross.
Eichard Lambley of Aldersgate Strete in London yoman of the age of xxxvj yeres or ther aboute sworne & examynyd deposith & vpon his othe saithe that he was present when the sayd Hugh Bostocke came to the Shoppe of the sayd John Crymes in Saynt Laurence lane and ther in the heryng & presence of this deponent & other the sayd Hugh Bostock declaryd vnto the sayd John Crymes that he had brought vnto hym xiij li. iij s. frome John Alexander & wolde haue payed the sayd sum vnto the sayd Crymes but the sayd John Crymes dyd refuse to receyue it & wold not suffer the sayd Bostock to tell out the sayd xiijli. iij s. but callyd the sayd Bostock this deponent & other that came with the sayd Bostock vyllaynes & sayd other opprobrious & thretenyng wordes & dryve them oute of the sayd Shoppe insomuche ' 155:^ * Sic.
COURT OF REQUESTS 193
that this deponent snpposyd that the sayd Crymes wold have stryke som of them that were ther present he was in suche a rage and bad them gytt them out of his Shoppe orelse he wold send them goyng. And saith that the sayd Hugh Bostocke tenderyd the payment of the sayd xiij li. iij s, vnto the sayd John Crymes in the same mornyng before the proclamacion was first made concernyng the falle of the money for after that the sayd Bostock had bene with the sayd Crymes he went vnto onne Master Whetston of Shepesyde & payed vnto the sayd Whetston xx li. for the sayd John Alexander in the presens of thys deponent & comyng oute of the sayd Whetstons house the first proclamacion was in proclamyng in Chepesyde & more he cannot depose.
ElCHARD LaMLAY.
c. Interogatories to be ministred in the parte and behalfe of
John Crimes against Hughe Bostocke.
Fyrste whether the said Hugh Bostock plaintiff was lawfully deputed by Alexander to paye the said monye to the said John Crymes and whether he stondeth bound to the said Alexander to paie ouer the same as he hath supposed in his said byll.
Item whether the said Bostock ded tender the money before the proclamacion puplisshed or after & yf it were after whether he proferid to paie it after ix d. the testorne or after xij d.
Item whether the said Bostock shewid forth anie monye when he came to profer it and yf he ded whether he shewid the bage wherin it was conteynid & whether he opened the bage & put forth the monie or not.
Item whether John Crimes was redie & wold haue receuid the said some of xiij li. iii s. after ix d. the testorne or not.
Item whether the said John Crymes said he wold not receiue the monie after xij d. the Testorne bycause of the proclamacion all redie proclamid or that he said to the said Bostock ' I rede the get the owt of my shoppe or I wyll send the owt & thou shalt count no monye ther ' or what woordes was betwen the said Crymes and Bostock.
Item whether the said Bostock proferid to paye it after ix d. the testorne or not & abowt what hower the tender was made & how longe after the proclamacion was made.
Endorsed Thomas Brende) . .
Edward Towe } ^'''^^^ '^""^ testes.
In another corner Crymes.
0
194 COUIIT OF REQUESTS
D. Deposiciones capte apiid Westmonasterium xiiij die Maii
anno regni regis Edwardi vj sexto* ex parte Johannis Crymes versus Hugonem Bostoclie.
Edward Towe of Bassynges HalP in London Clotheworker of the age of xlv yeirs or theraboute sworne & examynyd deposithe & by vertue of his othe saithe that he knowithe not whether the sayd Hughe Bostocke was laufully deputyd by John Alexaunder to pay any sommes of money to the sayd John Crymes for the sayd Bostocke shewyd forthe no letter of depntacion made by the sayd Alexaunder in his sight for payment of any money nor cannot tell whether the sayd Bostocke stode bounde to the sayd Alexaunder to pay ouer the sayd somme of xiij li. iij s. to the sayd Crymes, but this deponent saithe that he was present when the sayd Bostocke came vnto the shope of the sayd Crymes after that the proclamacion was publisshyd that shillynges shoulde go after the rate of ix d. the pece & the grote iij d.,^ and offer d to pay vnto the sayd Crymes xiij li. iij s. after the rate of xij d. the testone howe be it the sayd Bostocke neyther shewyd forthe money nor bagge wherin it was conteynyd. And this deponent saithe that the sayd John Crymes was redy & wolde haue receyvyd the sayd somme of xiij li. iij s. after the rate of ix d. the testone accordyng to the proclamacion but the sayd Crymes refusyd to receyve the sayd somme of xiij li. iij s. after the rate of xij d. the testone and saithe that the sayd Crymes dyd speke no suche wordes vnto the sayd Bostocke that is to say ' I rede the gytt the oute of my shoppe or I wyll send the oute & thowe shalt counte no money here,' nor no suche lyke wordes, for the sayd Bostocke neyther countyd any money ther nor shewyd forthe any. And this deponent saithe that the sayd Bostocke dyd not tender to pay the sayd money after the rate of ix d. the testoune to the sayd Ci ymes but sayd he wold pay none except the sayd Crymes wolde receyve the sayd somme accordyng to the rate of xij d. the testone and this deponent saithe that he cannot tell aboute what ower the sayd tender was made but suer he is that it was after the proclamacion was publisshed & more or other wyse he cannot depose.
By me Edward Towe.
Thomas Brend of London Scryvener of thage of xxviij yeres or more sworne vppon the holy evangelist and examyned by vertue of his
' 1552. house in Basinghall Street, and also gave
^ So named from the family of Bassing, its name to the ward. W. Maitland, ' Hist,
which during the reigns of John, Henry III. of London ' (1779), ii. p. 788.
and Edward I. filled a succession of civic ^ Proclamation of July 9, 1552. R. Eud-
olHces. Ba^siDgbhall was the principal ing, ' Annals of the Coinage,' i. 320, n. 5.
COURT OF REQUESTS 195
othe saytli that he heing in the clwelHng house of oone John Crymes in Seint Lawrens Lane of London on Thursday being the ix**" day of July anno domini 1551 aboute certeyn wry tinges that the said deponent had made for the said Crj-mes and in the meane season their came oone into the house of the said Crymes and brought with hym vnder his arme a lether bagge with money as I supposed saying that he came from oone Alexander and had brought certeyn money to pay to the said Crymes, then the said Crymes saide ' yf thow wilt pay it as it is now proclaymed I will receyve it ; that is to say, the testerne at ixd. and the grote at iij d. orels I will receyve none of the,' and then the said Bostok said that the money was not proclaymed and wold not so pay it, then the said Crymes badd hym goo out of his house and shortly after his commyng out the proclamacion was a reding in the strete, and thys was spoken and done aboute half an owre after x of the cloke, whyche tyme I knew the proclamacion was proclamed in Chepeside before this deponentes commyng to the said Crymes house, and also the said deponent by vertue of his othe sayeth that he saw no money told nor shewed forth at that tyme, and also the said deponent supposeth and saith that, it was aboute half an howre after the proclamacion was, that the said Bostok offred the money after xij d. the Testerne to the said Crymes, and also the said Crj^mes said so far as I can remembre that he knew hym not to be any detter of his, and more this deponent is not in remembraunce of at this tyme.
Per me Thomam Brende.
ORDERS AND DECREES.'
xxvij" die Maii a" sexto (E. 6.)- Eodem die.
The cause at the suete of hughe Bostocke ayenste Annyslowe •'' and Crymes ys by order of the counsaill continued vnto thutais of the holie Trinite next commyng ^ then the plaintiff to replie without other delay.
primo die Julii a° regis sexto. -
Eodem die. The cause at the suete of Hughe Bostocke plaintiff ayenste Ayenste ^ Thomas Anneslowe & John Crymes defendants ys by order of the Counsaill continued vnto the morowe after St. marten next then & ther the parties tapper & popHcacion to be made in that case without delaie aleged in staye of the suit by eyther of the parties.
' Vol. viii. fo. 20 b. since the name of Anneslow does not appear
^ 1552. in the other papers, and there is nothing to
^ No other proceedings found, and it is show that he was joined as defendant, doubtful whether this is the same case, ■* 19 June 1552. '■ Sic.
o2
196 COURT OF REQUESTS
DREWE AND ANOTHER V. WILKYN.'
To the Queene our most drad soueraigne Lady
1553 In most humble wise complayning shewyn unto your Excellent Hi<?hnes your poore subiectes and faithful! suppliauntes Jhon Drewe and Robert Melwaye nowe churehewardens for the tyme being of the parishe of Bacl?echild ^ in your Highnes countie of Kent. That where the parsonage of the sayed parishe (before tyme of memory of eny man) was and yet is apprcpried to the dean & chapter of Chichester in your Highnes County of Sussex and thereby is become parcell of the possessions of the seyed dean & chapter,
In and vppon whiche parsonage so ai)propried (alwaies tyme out of memory it hath byn vsed) that foure quarters and a halff of barly yerely euery yere upon the fridaye next before the ffeast of Easter comenly callyd goode fridaye were frely delyuered by the farmers & occupiers of the sayed parsonage at the barnes fflowre of the sayd parsonage vnto the handes of the churehewardens of the sayed parishe for the tyme being and the sayed churehewardens then & there ferthwith have vsyd to delyuer and distribute the sayed foure quarters & a haulff of barly according to theire discrecions with the consent & aduise of others honest men of the parishe aforesaied, vnto the poore people of the sayed parishe resorting thither for that same almes to the great releif & succore of the treu pouertie of the parishe aforesayed. So it is most drad soueraigne lady that one Salmon Wilkyn nowe farmer of the sayed parsonage imagyning to defraud & withdrawe the sayed charitable almes tyme out of mynd vsed (of his insaciable auerice) by the space of twoo yeres last past wrongfully without any iust cause hath witholden the sayed yerely almesse of foure quarters & a haulff of barly & refuseth to delyuer the same by reason wherof for that the certenty of the commencement of the sayed yerely almesse (whether it grewe first apon thappropriacion of the sayed parsonage or other composicion before tyme of mynde had) vnto your sayed poore suppliantes nowe is unknowne and also for that thoffice and corpora- cion of churehewardens which your sayed poore suppliantes in the Bayed parishe doo nowe exercise & serve (by the rigor of the common lawes) doth not extend to claime and demaund (suche a kynd of inhe- ritans as this is)^ therefore your sayed suppliauntes & theire successors
' Mr. Hunt's Cal., Bundle 25, No. 152. scriber dauer terres al eux et lour sucees- '■^ Now Bapchild. sours, car ils ne sont ascun Corporation
'■' 'Les Churchwardens ne poient pre- dauer terres, raes pur biens pur leglise.'
COURT OF REQUESTS 197
are without remedy for recouery of the same, to the most cruell op- pression of all the pouertie of the sayed parishe and agaynst all right equite and good consciens onlesse your Highnes mercy to them be extended in this behaulff. In consyderacion whereof maye it please your most excellent maiestie of your accustumed pittye & bening^ grace to graunt your most drad lettres of priue seale to be directed to the sayed Salmon AYilkyn commaunding hym by the same personally to appere af jre your Highnes counsell in your court of requestes at a certayne daye & vnder a certayne payne in the same to be lymited then & there to awns were to Ihe premisses and that thereapon suche order & direccion maye be taken by your sayed counsell conserning the premisses as maye stand with right & equytye. And your sayed suppliantes together with all the inhabitantes of the sayed parishe according to theire bounden deutys shalbe most specially bounden to praye to Allmighty God for the preseruacion of your maiesteis most roiall estate. Manwood.^
Endorsed.^ Securitate capta decretum est privatum sigillum fieri ut infra ad compareudum in octauis Sancti Hillarii proximi •* sub pena c. li.
Thomas Whyte * John Throkmarton.^ Drewe et Melwey Drewe & Melwey
Versus Salmon. uersus Salmon.
The Churchewardens & poore people of Backechild Kent.
P. 37, El. B. enter Longley and Meredine. 1553-4 was a Master of the Court of
H. Eolle, ' Abridgment ' (1(368), p. 393 ; cf. Bequests, and, as we know from the lists of
Coke, Inst. i. 1, 3a, c. Eent ' savoured of judges in that Court (see pp. civ, cvii, cviii),
the realty ; ' cf. ib. i. 2, 20a ; H. Finch, a knight. He was a different person from
' Description of the Common Laws ' (ed. the Sir Thomas White, also knighted in
1759), [119 b]. 1553, who was in the same year lord mayor
' Benign. of London. Tlie Master of Bequests was a
- Probably Boger Manwood, Justice of Beader of the Inner Temple in 1542 and
the C. P. 1572 ; Ch. B. Exch. 1578. He Bencher in 1555. ' Calendar of the Inner
was a native of Sandwich, of which he Temple Becords' (ed. F. A. Inderwick,
was appointed recorder in 1555. Foss's 18'J6), i. pp. 132, 178.
' Lives,' v. 516. •* John Throkmarton, seventh son of '■> Each endorsement in a different hand. Sir George Throkmarton, Knt. of Coughton, ■* 20 Jan. 1554. Warw., 'master of the Bequests to Queen * ' For Thos. White and Thos. Wriothes- Mary, Justice of Chester, and in 1565 vice- ley, clerk of the Signet. Grant in survivor- president of Elizabeth's Council in the ship of the reversion of the offices of Marches of Wales.' He received as a coroner and King's attorney in the King's grant from Queen Mary the manor of Bench, granted to W. Fermour by patent, Feckenham, Worcestershire. He was 1 H. 8, on surrender of patent Jan. 4 knighted by Queen Elizabeth in the first (27 H. 8), 1536, granting the reversion year of her reign. He died May 22, 1580. to the said Thomas Wriothesley alone.' T. Nash, 'Worcestershire' (1781), i. 440 ; xiii. i. 646 (23) ; cf. ib. x. 226 (1). This is W. Dugdale, ' Warwickshire ' (1765), p. 527 ; not improbably the same person who in S. P. Dom. Addenda, 1547-65, p. 574.
198 COURT OF REQUESTS
ORDERS AND DECREES.' Termino hillarii anno Eegni Marie dei gratia Anglie ffrancie et hibernie Eegine &c, primo.^
xxij" die Januarii a" predicto.
Eodem die. Salmon Wilkin personaliter comparuit coram consilio domine Eegine apud Westmonasterium ad sectam Johannis Drewe et Eoberti Melwaj-e et habet diem sibi datum ad respondendum bille in die Jouis proximi et sic ad comparendum de die in diem donee et quousque &c. et hoc sub pena in breui specificata.^
INHABITANTS OF WHITBY v. YORK.*
" T(o the)'^Qiienes highnes our moste dreade Souereyue ladye and to her most honorable CouQceilL"
1553 Lamentablye compleynynge Shewithe vnto your highnes, and to + ' Counceill your poore obedient Subiectes and daylie oratours poore husbandemen the + of halkesgarthe and Stenseker*^ in "VVhitby Strande in the Countie of Yorke, That the saide Inhabitauntes late beinge Tenauntes of the dissolved monestery of Whitbye (afore) saide, after yt was comen into the handes of our late sovereyne lorde, king henry + and after that yt did come to thandes and possession of the late duke of Northombre(land)^ and of late parchassed of him by one Sir John Yorke knight, who is now in possess (ion) of the premisses, whiche sayd Sir John Yorke hath lately ben therr and kepte Court on the saide premisses, at two sondry tymes, whiche saide Sir John Yorke of his extort power and might, and by great & sore Threttennynges of the saide Tenauntes and Inhabitants their and by other meanes, hatbe gotten from them all the lea(ses) (that were in their) custodies and possession, and vnreasonably hatbe reysed, an(d) + + + + Eentes, and excessyvely bathe gressomed,^ ffyned, pyllyd
' Vol. ix. p. 195. 2 1554. ' John Dudley, created duke 11 Oct. 1551,
^ No further entries found. beheaded 22 Aug. 1553.
■• Mr. Hunt's Cal., Bundle 23, No. 13. >* The ' gressom ' (ad ingressum) was
* + MS. mutilated ; ( ) conjectural. properly on the entry of the lenant. As
" Now known as the township of Haw- an exaction upon change of lord, as in this
sker-cum-Stainacre in the Liberty of Whitby- case, it was an incident of northern, not of
strand. J. A. Sharp, 'New Gazetteer,' Lon- southern copyhold (C. J. Elton, 'Law of
don 1852 (Whitby). Copyholds,' 1883, p. 171). By a decision
COliRT OF REQUESTS 199
and + + + + + makithe inqiiery all aboute for your poore oratours with grea(t) + + + + + do supposse yf he coulde fynde them, he wolde ley th + + + + + because they shulde not be able to exhibite this ther bill of C(omplaint) + + + + and your saide Counceill, how he hathe ffyned them and Raysed + + + and yerely Rentes, yf your said oratours shulde still beare and paye + + + appere by a bill herevnto annexed your oratours ha(nde)s or markes therto + + of tholde rentes the new by (t")hem to be paide vnto the said Sir John (Yorke) -f + + + (t) hereby shalbe vtterly vndone in this w(orld) + + + ffavour helpe and succour with spedy remedy + + consideracon of the premisses and forasmuche as Your saide oratours and auncestours of y(our) saide poore oratours, haue holdyn and inioyed the premisses accordinge to the olde auncient custome olde Rentes and olde fynes, as hervnder yt may playnly apere, without enhansinge, or raysinge without vexacon or troble, And in consideracon also, that the said Sir John Yorke is a man of power and might, landes, goodes, and possessions + + greatly friendid, and your poore oratours beinge soore aferyed to be imprisoned by him,' and also very poore men men ^ and not able to sue agaynst him nor hathe no remedy but onely to sue -^ + + + + + majestie of your moost gracious goodness + + -r + + said Counceill, To call before your Maiestie (an)d your saide C(ounceill) + + And to take order in the premisses, that your poore oratours accordinge to Justice Right and Good Con- science maye peasably enioy all the premisses payenge ther olde ac- customed Rentes & fynes, accordinge as they and theire Anncestoura have done, tyme out of mynde of man. And your saide poore oratours shall daylie pray to God for the prosperous preseruacon of your maiestie in your mooste Royall Estate longe to Reigne, And for Your mooste honorable Counceill longe to contynewe. Endorsed. + +^
xxj October/
The Tenauntes and Inhabitauntes of Stenseker and Halkergarthe ^ in Whitby strande in the Countie of Yorke desire to haue Sir John Yorke caled before the Counsail & to take ordre that your orators may haue + + + +
temp. Elizabeth, this last form of ' gressom ' Northumberland's plot against Mary's suc-
was restricted to cases where the change cession. He was released October 18,
of the lord was the act of God (' Coke upon 1553. (Wriothesley's ' Chronicle,' p. 92 ;
Littleton,' 74). ' Chronicle of Q. Jane,' &c. p. 32.)
' As a matter of fact, as they probably " Sic, repeated. ^ MS. illegible,
very well knew, York was at this time in * 1553. * See p. 198, n. 6, supra,
prison in the Tower for complicity in
200
COURT OF REQUESTS
The Names of the
ffirst John Coward
De henry Eussell .
De eHsabeth postgate, wedow
De thomas Eobynson .
De John Eobynson
De James Browne
De Eobert lyne
De John Nattris .
De Eobert Stor .
De thomas Coward
De thomas hodshon
De WyUiam Walker .
De henry tomson
De henry Couerdaill
De Nicholas Grame
De Wylliam Postgate .
De Wylliam Brown
De Eobert Jefraj-son
De William Bois & Eobert Jefrason ....
De Eobert Barker
De Xrofer Jefrayson
De Eic. colson & Isabell col- son wedow
De Eobt. Sutton & Kateryn Sutton wedow .
De thomas postgate yonger & henry Eussell
De thomas postgate thelder . Suthwait house.
De Eobt. huntrodes
|
tenauntes of halkesgarth & stanseker. |
||
|
The old Reot. |
The new Rent |
& the ffyne. |
|
xxiiij s. |
. iij U. xvj d. |
xxxiij s. iiij d. |
|
xlij s. xj d. ob. |
. iiij li. vij s. iij d. |
iij li. vj s. viij c |
|
xviij s. X d. |
. slj s. V d. . |
xviij s. |
|
xij s. xjd. ob. |
. xl s. vij d. . |
xxxiij s. iiij d. |
|
X s. ij d. . |
. xxxiij s. iiij d. . |
xxxiij s. iiij d. |
|
xvj s. j d. . |
. xxxvj s. X d. |
xxiiij s. vj d. |
|
xvj s. iiij d. |
. xxxiij s. X d. |
xiij s. iiij d. |
|
vij s. viij d. |
. XV s. . |
xs. |
|
xxiij s. V d. |
. 1 s. ij d. . |
XV s. |
|
xiiij s. ix d. |
. xxxj s. |
ij s. vj d. |
|
XX s. V d. . |
. 1 s. viij d. . |
xxiiij s. |
|
vij s. iij d. . |
. xvij s. |
vs. |
|
xj s. iij d. ob. |
||
|
XV s. . |
. xxxvj s. |
xj s. viij d. |
|
xxij s. vj d. |
. xlvj s. viij d. |
iij s. |
|
xxviij s. vij d. |
. iij li. vj s. viij d. |
xxiij s. vj d. |
|
xiij s. iiij d. |
. xxvj s. viij d. |
xxiiij s. X d. |
|
xiiij s. |
. XXX s. |
iij s. iiij d. |
|
xxxviij s.viij d. |
. iij li. \i s. viij d. |
xiij s. iiij d. |
|
xiiij s. vj d. |
. XXX s. |
ij s. viij d. |
|
xs. viijd. . |
. xxvj s. viij d. |
iij s. iiij d. |
|
xxsj s. |
. iij li. ij s. . |
|
|
xxiiij s. iiij d. |
. hij s. iiij d. |
xxxvj s. viij d |
|
xxvij s. \'j d. |
. iij li. vj s. viij d. |
xxxvij s. |
|
xviij s. iij d. |
. slvj s. viij d. |
xxiij s. iiij d. |
1 s. ij d.
V li. xvj s. viij d. vij s.
at lammas last past' my ladieyorke,- at Whitbie, ernestlie demaundyd of the seyd Eobt. michelmes ferme before hand, in somuche he durst not hold it but payd it to her, the summe of . . Iviij s. iiij d.
De Wylliam Jakson, likewise paid xx s. for his ferme aforehand DeMaryon huntrodes, wedow 1 s. ij d. . . v li. xvj s. viij d. vij s. Summa xxviij li. xix s. viij d.ob. Summa Ixiiij li. ix s. ix d. Summa xxiij li. xv s. viij d. Endorsed. Billa versus Yorke.^
' 1 August 1553.
* Anne, daughter of Eobert Smyth of London, Esq., and widow of —Paget ('Harl. Soc' i. 81), but, according to another pedi- gree, Paget was her second husband (ib. xvi. 357).
' Sir John Yorke or York, son or grandson of Sir Richard York, mayor of the staple of
Calais (cp. Harl. Soc. supr. cit.), himself a merchant of London (S. P. Dom. H. 8, ix. 268 and 217). He was in 1550 Treasurer of the Mint in Southwark (S. P. Dom. E. 6, x. 45, cf. p. 203, infra). He died 1569 (ib. xv. 99). For further particulars of the family see E. Davies, ' Extracts from the Municipal Eecords of York ' (1843), pp. 122-4.
COURT OF REQUESTS 201
ORDERS AND DECREES.'
xxiiij'o die Octobris anno liegni Eegine Marie iJrimo.-
Be yt Eemembrid that the cause brought afore the Queues Coun- saill m her maiesties Courte of Requestes at the sute aswell of Robert Stor as WilHam Poskett and WiUiam Browne Tenauntes to syr John Yorke Knight m the Lordeshipp of Whytbye in the Countie of Yorke Ys Nowe Ordt-rid by the saide Counsaill by thagrement of the saide syr John Who hathe promised that the saide parties afore named and euery of them shall haue and quietly enioye theyr tenementes and holdes During the yeres and termes in theyr leases and copies yet enduring payeng theyr Rentes and ffermes accustomed without any his inter vpcion to the contrary or anye other by him or in his name or procurement.
UVEDALE V. Y0RK.3
A. To our dreacle soueraine Ladie the QucDe.
In most humble wyse complaynith shewith vnto your highnes your graces subiecte & seruaunte Auere Vuedale,'' That whear the late Abbott & convent of the late dissolved monasterie of Bylande ^ in your graces countye of Yorke by their deede indentid vnder their convent seale bearinge date the last daye of November in the xxix"' yere of the raigne of our soueraine Lorde Kynge Henrye the Eight ** dyd demyse graunt & to ferme lett to John Vuedale Esquier^ all their mynes & myneralls of leade & cooles within their late manor at
• Vol. ix. p. 173 b. -1.553. lessermonasteriesand re-founded ; but in the = Mr. Hunt's Cal., Bundle 22, No. 4. 30"' of H. 8 (1538) it was surrendered, the ■* The petitioner Avery orAlveredUvedale, Abbot and rnonks receiving pensions. The
of Marrick, co. York, was the son and exe- site and most of the demesne lands were cutor of John Uvedale or Woodall (see n. 7). granted in the 32'"' of H. 8 to Sir William In 1551 Avery Uvedale is styled in Letters Pickeringe, knt., in whose family they con- Patent ' Serjeant at law <& one of the gentle- tinued in the reign of Queen Elizabeth.' men ushers of our chamber.' This ex- Dugd. ' Monast.' v. 315. But see page 203, plains his description of himself as ' servant ' n. 2. to the Queen, For further particulars of ^ 1537.
him see J. B. Nichols, ' Collectanea Topo- ' John Uvedale, which name he adopted
graphicaetGenealogica' (London, 1838), vol. in lieu of his patronymic ' Woodall,' ap-
V. pp. 246-53. The name was written vari- pointed in 1516 writer of the pells in the
ously as Uvedale,Vvedall, Vuedale, Woodall, Exchequer (S. P. Dom. H. 8, ii. i. 2736), be-
&c., Vuedale being simply the old typo- camesecretary to Queen Anne Boleyn in 1633
graphy for Uvedale. (ib. vi. 299, 1176). Doubtless through her in-
* 'On the 30"^ Jany. in the 28 of H. 8 fiuence he obtained, in that year, in conjunc- (1537) Byland Abbey was by the king's Letters tion with Cromwell and others, a twenty-one Patent preserved from the dissolution of the years' lease of the lead mines of Dartmoor
202 COURT OF REQUESTS
Netherdale in the Countye aforsaid to haiie occupye and inioye to the saide John Vuedale his executors and assignes for and dnryng the full terme of xl yeres then nexte foloyng and after the said John Vuedale made his last wyll & testament and of the same made the said Avere Vuedale his sone his executor & dyed, and the saide layte Abbote and conuent by there saide ded indented gaue and graunted to the said Auerye Vuedale his executors and assyngnes all manar of necessarie tymbre for makyng workyng and vpholdynge of the said mynes & mynerals and of either of them duringe the said terme of xl*^ yeres to be taken of the woodes standyng & gro^Ying within anye place of the said manor at Netherdale at the sight and delyuerye of the Kepar of the same woodes as often as neade shulde require ; paying therfore yerelye vnto the said Abbott & convent & their successours at the grownde wheare the said Leade ewre or cooles bee or shaibe dygged or gotten three loodes of Ewre of Coole or Leade at & of euery xx^' loodes there gotten accordinge to suche weight & measure as hereto- fore it hathe ben accustomed to be delyuered within the said manour or lordship. And by the said Indenture it was provided that if the said John Vuedale his executors or assignes at anye tyme during the said terme of fourtye yeres shulde leaue of & not intromytte or putt in vse the said misterie or occupacion of gettyng of leade or cooles within the said manor by the space of ij whole yeres to githers, That frothensforth the said lease shuld cese & be determined. So it is most gracious soueraine Ladie that of late your said subiecte & seruaunte at & by his great costes & charges in mynynge there hathe gotten xxx\'j'' loodes of leade Ewer ; ' which xxxvj*' loodes one Sir John Yorke knyght^ who hathe purchased the inheritaunce of the said
Forest (ib. 1176, 1457), though this was in which capacity his name aj^pears for
not his first mining venture, for in 1529 the last time in the S. P. Dom. in 1548
he obtained a lease from the Crown of all (ib. p. 384). He is described as ' late
iron and coal mines in the waste of the Threasaurer in the North ' in the Acts of
manor of Barnard's Castle, Durham (ib. the Privy Council for Jan. 28, 1549-50.
iv. iii. 5336). He was secretary to the His death probably occurred early in
Council of the duke of Richmond, son of 1550. His will was proved by the plaintiff
Henry 8, in 1536, and afterwards secretary in this case on 2 March 1550.
to the Council of the North (S. P. Dom. ' ' The load of Lead doth consist of 30
H. 8, xi. 164, 4, xii. i. 615, 917, &c.). He Formells.' A Formell was ' six stone except
was a commissioner for the trial of the two pounds & every stone doth consist of
Northern rebels in 1537 (ib. 1207 [1]), and 12 pound ... by which the sum in the
a member of the Council of the North in Formell is 70 lb.' W. Sheppard, ' Of the
the same year (ib. ii. 914). He was a Office of Clerk of the Market, &c.' London,
zealous supporter of Cromwell's ecclesi- 1665, p. 55, citing a ' Tractatus de Ponderi-
astical policy (ib. xiii. ii. 534), and was a bus & Mensuris,' temp. Ed. I., B.M. Cotton
commissioner to take surrenders of religious MSS. In this case then the yield was 675
houses in 1539 (ib. xiv. ii. 141, 147, 175, cwt. of lead.
663, 671). Under Ed. 6 in 1547 he was - For Sir John Yorke or York see p.
Treasurer of the garrisons of the North 200, n. 3. (S. P. Dom. E. 6, Addenda, pp. 335, &c.)
COURT OF REQUESTS 203
manor ' mynes & mynercals aforsaid about the feast of Saint John Baptist last past^ wrongfuUye & without anye good colour of Tytle tooke awaie the said xxxvj'' loodes of Ewer out of the possession of your said subiecte & seruaunte. And moreover whear 3'our said subiecte hathe of late had & and yet bathe great neade of woode and tymbre for the makyng woorkyng & vpholdyng of the said mynes & mynerals, and hathe diuerse & sundrie tymes made seuerall requestes aswell to the said sir John Yorke as to the kepars or officers of the same woodes for the delyuerie of necessarie tymbre for the said mynes and mynerals, yet aswell the said sir John Yorke as the said kepars & officers to delyuer anye tymbre or woode for the same to your said subiecte & seruante haue alwaies hitherto & yet doo refuse with that your said subiecte & seruaunte wyll averr that aswell the said John Vuedale his father after the said lease of the premisses to him made at anye tyme during his lief, nor your said subiecte & seruaunt neuer sythens the deathe of the said John Vuedale hathe surcessed or lefte of the vse exercise & occupacion of the said misterie or occupacion of mynerie & gettynge of Leade or coles by the space of ij whole yeres togither but hathe yerelye & continuallye exercised & vsed the same without anye suche intermission. And wheras vpon the contraversie & of the said matter before this tyme moved betwene your said subiecte & seruaunte & the said sir John Yorke the same matter was by their bothe assentes referred to the hearing & order of Eobert Brooke Esquier Sergent at the Lawe & Eecordar of London^ and Eafe Rowkebye Esquier serient also at the Lawe^ who vpon the hearinge of the discourse of the said matter toke order that the said sir John Yorke sholde derecte his letter to his offycers at Netherdale aforesaide aswell for the restytucion and redely uere of the said xxxvj" lodes of leade vre as for suffycient tymbre for the makyng and vp- holdenge of the saide mynes and mynerales, the said sir John Yorke
' The grantees of this manor upon the * Ealph Rokeby, of Lincohi's Inn, made
Dissolution appear to have been Kichard serjeant-at-law in 1552. He belonged to a
Seven and George Buck (App. II. to the family of the N. R. of Yorkshire (S. P.
10th Rep. of the Deputy Keeper of the Dom. H. 8, xiv. i. 652, 7), and a letter
PublicRecords, p. 267), but it was purchased written to Cecil by James Pilkington, Bp.
by Sir J. York from Sir Thomas Gresham. of Durham in 1661, recommending him
T. D. Whitaker, ' Hist, of Kichmondshire ' for a place in the Council at York, describes
(1823), ii. 111. him as ' of a good house, religious, honest,
- June 21, 1553. and zealous,' which sufficiently accounts
^ Robert Brooke of the Middle Temple for his receiving no judicial promotion
became Recorder of London in 1545, and under Q. Mary (S. P. Dom. E. 6, Addenda,
sat for the City; serjeant-at-law Oct. 17, p. 511). He became Master of St. Katha-
1552 ; Speaker April 2, 1554 ; C. J. of the rine's near the Tower some time before
Common Pleas Oct. 8, 1554 ; died Sept. 6, 1580 (S. P. Dom. E. 6, vol. cxxxviii. 34). 1558. Foss's ' Lives,' v. 361,
204 COURT OF REQUESTS
nevertheles refused to subscribe the saide letter conterary to his owne said submission, soo that youre said subiecte and seruant is not only gretely daronyfed by the said extorte iniurie of the said sir John Yorke to him doon by the takinge awaye of the said xxxvj*' loodes of leade Ewre wherof your said subiecte might haue gathered & gotten vij fowthers^ of leade which is nowe worthe to be sonlde for viij li. euerye fowther,"^ but also for lacke of the said tymbre to him to be ministered & delyuered in fourme aforsaid dothe daylye & shall daylye lose his profytt, of the said mynes l^ mynerals which els he shulde haue taken & gathered togither. In consideracion wereof & for asmuche as your said subiecte is seruaunte to your Highnes ^ & also not able to maynteyne his sute against the said sir John Yorke at the comen lawe, It may therfore please your excellent highnes of your abundante grace to graunte your graces wrytte of pryvie seale To be directed to the said sir John Yorke commaundynge him therbye forthwith personallye to appere before your Highnes & your honorable Counsell in your Courte of White Haule to make answere to the premisses & there to stande to suche ordre & direction as by your Highnes & your said honorable counsell shalbe therin taken. And your said subiecte & seruaunte shall daylye praj'e to God for the most noble and prosperous Reigne of your Highnes longe to endure.
FULLERE.'*
Endorsed. Yuedale versus York.
In another hand. Yuedale versus Johannem Yourk militem.
B. Thaunswer of sir John York knight to the bill of com-
playnt of Averye Yuedale.
The said defendaunt by protestacion not knowing ony parte or substaunce of the matters mencioned in the bill of complaynt to be
' A fother or fodder of lead weighed to audience in the Court of Eequests. See
20 cwt., but it seems to have varied by p- 17, n. 5, supra. ^
the custom of the country. In London '' Probably John Fuller, elected Eeader
it was 19.^ cwt. or 2,184 lbs. ; in Hull of the Inner Temple in 1-550 and 1556 ; a
2,340 lbs. ; in Nol'thumberland 21 cwt. Bencher in 1553 ; Treasurer, 1559, 15G0
W. Donisthorpe, 'A System of Measures,' and 15(31. F. A. Inderwick, 'Calendar of the
London, 1895, p. 209. Inner Temple Kecords,' i. (1896), pp. 157,
- This is probably an exaggerated esti- 158,170,187,202. In the Hist. IMSS.Comm. mate, even allowing for discrepancies in (lb88j,Cal. of MSS. of Lord Salisbury, Pt. II. the fother. Kogers returns no prices p. 214, IS o. 632 is a letter from John Fuller between 15-50, when it was £^5 10s. 6d., to Lord Burghley, dated Oct. 12, 1578, de- and 1556, wiien it was £6 16s. The scribing the proceedings in a Chancery suit average for this decade was ±6 19s. 6d., begun in Uich. Term 13 Eliz. (1570) be- in itself a great advance on the average of tween Avary Uvedal, plaintiff, and John £■4 153. 2d. for 1541-50. ' H. A.' iv. 486, Fuller, defendant, and asking to have it 488. referred to Burghley's decision.
^ The sovereign's servants had a right
COURT OF REQUESTS 205
true, for aunswer saith that the said byll of complaynt is incerten and insufficient in the lawe to be aunsweryd vnto, and that the matteres therin conteynyd be onely contryved feynyd and imagyned of malyce agaynst the said defendaunt to thentent to put the said defendaunt to Costes Expences Texacyon and troubles without any juste grounde or cause reasonable, of the insufficience \Yherof he demaundith Juggement. And if the same matteres were true as they be not in dede yett the same be matters determynable at the common lawe and not in this honorable courte, wherunto the said defendaunt prayth to be remytted. All whiche matters the said defendaunt is Redy to averr and prove as this honorable Courte shall awarde, And prayth to be dysemyssyd with his reasonable Costes and charges for his wrongfull vexacion by hym in this behalffe susteynyd.^
Carne.2
GUNNE V. FLETCHER.^
To our soveraigne laclie the Quenes moste excellent Maiestie.
• 69 In mooste humble wise complayninge shewith vnto your Highnes your poore subiecte and daylie Oratour Eichard Gunne of Durresley in the Countie of Glocester clothier That whereas one Richarde Fletcher of Strowedewater in the said countie of Glocester clothier aboute eaightenth yeres last paste^ did bargaine and sell vnto one Hillarius Vansoile estranger and Marchaunte of the styllyard in London foure and twentie brode clothes called stoppliste reddes-^ for the price of one hundred sixe and thyrtie poundes or there aboutes, parte whereof the said Eichard Fletcher did then presentlie receave of the said Hillarius Vansoile, and toke assuraunce of the said Hillarius Vansoile for the full payment of the residue to be paied at certaine dayes and tymes as betwene them was then agreed vpon, And after- wardes the liberties and customes of the company or felloweshippe of the marchauntes of the stylliard being reseased*' the said Hillarius Vansoyle did breake and was banqueroute, wherevpon the said Eichard
' No further proceedings found. It is England about this time and acted as
possible that Sir John York's real defence Master of Requests (see p. cxix, n. 131,
was based on the Act 31 H. 8, c. 13 § 5, supra). See further in the case of Kent and
which avoided all leases or grants made by others v. Seyntjohn, p. 98, n. 5, supra,
the abbots &c of houses dissolved within a ^ Mr. Hunt's Cal, Bundle 25, No 240.
year before the dissolution, of lands not ^ 1551. ^ See p. 208, n. 2, infra,
usually let to farm or not reserving the old * Decree of the Privy Council, Feb. 24,
rent (' An Acte for Dissolution of Abbeys'). 1551-52. This decree was annulled by a
'' This is the signature of Sir Edward convention dated 24 October 1553. B.M.
Carne, the diplomatist, who had returned to MS. Lansd. 170, fo. 238.
206 COURT OF REQUESTS
Fletcher demaunded paymente for the said clothes at your said subiectes hand, and exhibyted his bill of complaynte into this your highnes courte, surmisinge moste vntrulie the clothes to be bought by the said Hillarius Yansoyle as factour vnto 3'our said subiecte, and \*nto the vse of your said subiecte, and that he had receaved fyftie poundes percell of the said hundred sixe and thirtie poundes by the appoynt- ment of your said subiecte, and that your said subiecte did often tymes promese hym payment of the resydue of the said hundred sixe and thirtie poundes, and that the said clothes came vnto the handes of 3^our said subiecte Eichard Gunne accordinge to the entent of the forsaid bargaine, and that your said subiecte did openly avowe that the said Clothes were his and had boughte them, and paied for the dressinge of them, and shipped the same over the see, as his owne proper goodes, and paied custome for them accordinglie,' all which matters were moste false and vntrue surmises as afterwardes did manifestelie appere vnto this your Highnes court, vpon the answere of your said subiecte, for in trothe the said clothes at that tyme beinge and lyinge in the custodie and keapinge of one Margarett Bourne wydowe were sold vnto the said Hillarius Yansoyle then beinge a marchaunt straunger and one of the company or Fellowshippe of the styllj^ard in the citie of London ^ to his owne only vse and behoof, but for what sommes of money or vpon what daj^es of payment the said clothes were then sold your said subiecte dothe not knowe, but vpon the foresaid surmised bill of complajaite and by the speache of the said Eichard Fletcher, for your said subiecte was not presente at the makinge of the said bargaine nor yet privie or consentinge therevnto, but then was at Durresley in the said countie of Glocester where duringe the tyme of his abode the said Eichard Fletcher told vnto your said subiecte that he had solde foure and twentie brode clothes vnto the foresaid Hillarius Yansoyle which were then lyinge at the house and in the kepinge of one Margaret Bourne and also requested your said subiecte at his comminge to London that he would receave the
' This was an important point in deter- east is the Still-house or Still-yard, as they mining the ownership, for in 1536 whereas term it, a place for Merchants of Almaine, English exporters paid 2.5. id. a cloth in that used to bring hither as well wheat, ' whole grain,' i.e. dyed sca'-let, the mer- rye and other grain, as cables, ropes, masts, chants of the Steelyard or Hanse paid 2s. pitch, tar, flax, hemp, linen cloth, wain- only. See G. Sehanz, ' Englische Handels- scots, wax, steel, and other merchandises.' politik,' ii. 6 (Leipzig, 1881). There was. Stow, ' Survey,' i. 520. ' Der Name riihrt therefore, no object in this case in shipping angeblich daher, dass dort die aus Deutsch- them in an English exporter's name unless land eingefiihrten Tuche " gestahlt," d. h. they were really his. Cf. 1 H. 8, c. 5 (' An gestempelt, wurden.' Meyers ' Konversa- Acte for the Trewe Payment of the Kinges tions-Lexikon ' (Leipzig, 1897), sub Customes '). ' Stahlhof.'
^ ' Next to this lane (Cosin Lane), on the
COURT OF REQUESTS 207
said clothes of the said Margaret Bourne and delyuer them vnto the said Hillarius Vansoyle. And after that your said subiecte had returned home againe into the Citie of London the said Hillarius Vansoyle comminge vnto your said subiecte, did like wise declare vnto hym that he had bought of the said Eichard Fletcher the foresaid foure and twentie clothes, and that the said Eichard Fletcher requested that your said subiecte wold fetche the said clothes from the said Margaret Bourne, and to pay her for the Tackinge and lyinge of the same clothes there, and the said Hillarius Vansoyle at the same instaunte tyme did desyer and requeste your said subiecte to send the said clothes (when he had receaved them of the said Margarett Bourne) vnto the howse of one Jacob Vanhowe marchaunte Straunger then dwelling in the Tower streate in London, and the said Hillarius Vansoyle then gave vnto your said subiecte eaight shillinges to pay vnto the said Margaret for the Tackinge and lyinge of the said clothes, wherevpon your said subiecte knowinge the said Hillarius Vansoyle to be a great occupier and reputed and esteemed within the citie of London to be a man of greate welthe, meaninge to satisfie the requeste of the said Eichard his neare kj^nseman (accordinge to his appoyntement and accordinge to the requeste of the said Hillarius Vansoyle) went vnto the said Margaret Bourne, who then declared vnto your said subiecte that the said Eichard Fletcher at his beinge with her in London appoynted her the said Margarett Bourne to delyver to your said subiecte the said clothes for the behoof of one Hillarius Vansoyle marchaunt of the Styllyard, and that your said subiecte should pay vnto the said Margaret for the tackeinge and lyinge of the said clothes, whiche said clothes your said subiecte did then receave and paied vnto her for the tackinge and lyinge • of them eaight shihinges, which the said Hillarius had before that tyme delivered vnto hym, whiche said clothes your said subiecte presentlie vpon the receyte of them, did cause to be sent and conveyed (accordinge as he was willed and appoynted by the said Hillarius) vnto the howse of the said Jacob Vanhowe in Tower Streate aforesaid. And whether the said Hillarius Vansoyle did ever paye and satisfie the said Eichard Fletcher for the said clothes or no your saide subiecte dothe not knowe, all whiche foresaid matters your said subiecte did alledge then in his answere that he put into this your maiesties courte to the then surmised bill of complainte of the said Eichard Fletcher as most playnlie vnto this Courte it dothe and may appere, wherevpon the said Eichard Fletcher did then surcease and gave vpe his said sute to
' I.e. steeping in lye.
208 COURT OF REQUESTS
trouble your said subiecte any further therein, which is seaventene yeres paste^ or more vntill no we of late that the said Richard seinge that he could not prevaile against your said subiecte in his former suite haue throughe synister practise and indirecte meanes confede- rated together with one George Fletcher his brother that the said George should take vpon hym that nyne of the said clothes were his (where before in his surmised bill of complainte the said Richard Fletcher claymed all to be his owne), and he the said Richard Fletcher to be vsed as a wittenes in the matter. So it is if it may please your Highnes that the said George Fletcher by this synister practise and subtill confederacy betwene his said brother and hym haue commenced an accion against your said subiecte in London, and there haue declared againste hym supposinge that were he was possessed of nyne brode clothes called Stoplist reddes ^ whiche by casualtie were loste and are nowe come vnto the handes and possession of your said subiecte, wherein trothe your said subiecte never had any suche clothes of the said George Fletcher, nor yet of the said Richard Fletcher, nor never boughte or sould with either of them, or had other dealinges with them, but onlie that he did receave the foresaid foure and twentie clothes of the said Margaret Bourne, which the said Richard Fletcher had sould vnto the said Hillarius Vansoile, which your said subiecte conveyed vnto the foresaid Jacob Van Howe, according vnto the appoyntment of the said Richard Fletcher and requeste of the said Hillarius Vansoyle who had bought the same, but your said subiecte fearethe lesse that the said Richard Fletcher vpon the triall of the matter should come in and geve corrupte and vniuste evidence to cause the jury passe againste hym and also to put hym in daunger of the said clothes which he never had, whiche would be vnto your said subiecte a greate hynderaunce : In tender consideracion whereof and for as muche as the matter hath bene begonne firste in this your highnes Court, where he should haue had his iuste remedie yf any suche matter had bene true, And for as muche as your said subiecte shall stonde in greate daunger vpon the triall in London for that he supposethe the wittenes wilbe parciall and affectionated ^ and that witnesses of your said subiecte nowe dread to prove that your said Subiecte when he receaued the said clothes of the said Margaret Bourne and delyuered them over vnto the said Hillarius Vansoyle was
• 1552. popularity of the Hanse in London. See
^ I do not find this variety of cloth the ' Informacion of thenglisshe merchantes
mentioned in Kogers, 'H. A.' iii. iv., nor in against the merchants of the Stilliarde,'
S. W. Beck, ' The Draper's Dictionary ' (n.d.). Dec. 1554. S. P. Dom. Mar. iv. 36. ^ Perhaps because of the extreme un-
COURT OF REQUESTS 209
by the appoyntment of the said Richard Fletcher which he now denyethe contrarie to equitie and good consciens, And for that your said subiecte can not compell the said Richard Fletcher and George Fletcher to answere vpon their othes vnto the premisses by order of the common lawe of this Realme. May it therefore please your Highnes to graunte vnto your said subiecte your Maiesties mooste gracious Writte of privie seale and Iniunclion to be directd vnto the said Richard Fletcher and George Fletcher commaundinge them and either of them thereby to be and personallie appere before your Highnes in your mooste gracious Courte of Requestes then and there to answere the premisses, And also that they nor either of them doe attempte pursue prosequute or proceade in any accion or accions sute or sutes at the common lawe or in the nlarches of Walles for the said clothes, but that they and either of them doe stand and abide suche order and direccion herein as by your Highnes shalbe thought to stand withe equitie and good conscience. And your said subiecte accordinge to his bounden dutie shall dailie praie to Almightie God for the preservacion of your Highnes moste prosperous Raigne withe muche joye and felicitie long to continewe.
WlKES.'
Endorsed. Gunne querens Fletcher defendens.^
' Probably counsel's signature. I can Sir E. Atkyns, ' Gloucestershire,' 207 ;
find no particulars of this person. There S. Rudder (1779), 297. This is perhaps
was a Gloucestershire family of the name Thomas Wykes, admitted to Lincoln's Inn
of Wikes or Weekys,one of whom, Nicholas May 2, 1557. Line. Inn Admission Register
Wykes, was on the commission of the peace (1896), i. p. 64. for 1540. S.P. Dom. H. 8, xv. 282, 35. - No further proceedings found.
INDEX OF SUBJECTS
Ancient Demesne, 37-40 Archdeacon of Totnes, His Court, 16 Aristocracy, oppressive conduct of the, xiv, xv,xvi, xvii, Ixx, Ixxi, 49-51, 58, 58 Assay of silver, 28 Astre, Iviii, 03, 63 note 1, 129, 152, 158, 167
Bailiffs of Oxford, 173, 175, 180-184
Bakers of Oxford, 173, 175, 177-181, 183
Band-dogs, 60, 61
Bankruptcy, 206, 207
Bargain of customary lands, 102, 106, 113,
114, 116-118, 130, 140, 141, 143 Barton lands, Iviii
Beadle of Oxford University, 178 Black Death, the, Ixi
its effect on land tenure, Ixvii Bond, forms of, 13, 14
services, 123, 124 Bondmen (nativi), Ixviii, Ixix, 89-91, 126
claim to, 42, 44, 45, 49, 52, 53, 55, 57
goods of, restoration ordered, 50, 51, 55, 56
goods of, seized, 42, 49, 58
manumission of, 49
their legal disabilities, Ixx-lxxii
their relation to the lord, Ixix-lxxii, 126 Borough-English, Ixvi, 102, 106, 109, 114,
115, 120, 121, 123, 125,129,133,141, 145, 148, 154, 170, 171
Botes, Ixiii, Ixiv Brewers of Holborn, 48 Broadcloth, 205, 208
CASES CITED:
Aston (Asheton) v. Sherborne, xxxiv,xlii Austen v. Breerton, xliv n. 4, xlvi n. 1 Calmady's case, xliv, xlvi n. 1 Corway v. Bishop of Worcester, xxxii n. 1 d
Dacres v. Churchwardens of St. Sepul- chre's, xxxii nn. 1, d Everingham v. Wats, xl n. 2 Hele V. Wilsdon and Another, xxxiii Hides V. Jakes, xxx n. 2 Jenoar v. Alexander, xliv, xliv n. 4 Jobbins' case, xliv n. 5 Jukes V. Smith and Another, xlii Lemmond v. de Malignes, xxxviii Locke V. Pai'sons, xxxvii, xxxviii Longley v. Meredine, 196 n. 3 Paine's case, xliv, xliv n. 2 Pemerton v. Preston, xliii Penson v. Cartwright, xliv n. 5 Potts' case, xlii, xlii n. 1 Powell V. Peacock, Ixv n. 3 Eobotham's case, xliv Sill v. Gibson and Wife, xxxii, xxxiii Sill v. Mason, xxxii Stepney's (Stephens') case, xxxix, xl,
xl n. 4 Stepney v. Floud, xxxix, xl Swinfeild's case, xv, xv n. 2 Tatnall v. Gomersall, xxxviii Tipper v. Lozenge, xxx n. 2 Waltham, Abbot of, his case, Ixxxiv White V. Grubbe, xlv White V. Moor, xhv n. 5 Wormleighton v. Hunter, xliv n. 5
Cemetery, the, 163
Churchwardens contract for a church cross, 17, 19. 20, 24, 25, 27
convene a parish meeting, 20
sue for poor rate, 196, 197 Cloth, bargain and sale of, 205-208
lying, 207
tacking, 207
trade with Germany, Ixxx Coal mining, 202-204
p 2
212
COURT OF REQUESTS
Coinage, debasements of, Ixxix, 193
confusion arising from, Ixxix, Ixxx, 191- 195 Commission issued to overtake arrears in
the Court of Requests, Ixxxix-xciii Common, rights of, 02, 126 Copies of Court Rolls, 172
alleged fraudulent, 68, 70, 72, 100 surrendered by tenants, 68, 100 taken from tenants, Ix, 65, 79, 199 Copyhold cases first tried in the court of the manor, xvi, Ixxxvii land must be beyond legal memory, Iviii, Ix, 68-70, 72 Copyholders' rights in the sixteenth
century, Ivii, Ix, Ixv Copyholds do not appear in early rolls of Abbot's Ripton, 88-92 for life, 108, 136-138, 144-146, 151, 152, 160, 162-164, 166, 167 Cost of travel, Ixxx, 38, 188, 191 Council, the King's, ix, x
the origin of the Court of Requests, x-xii, xiv, xviii, xix, xxiii, xxvii- xxxii, xli, xlvii, Ixxxiii-lxxxv, xcix, c Court of the manor, decline of power of tenants in the, xvi, Ixvi, Ixvii independent action of tenants in the, 106, 107, 111 Court rolls, Ixi, Ixii, Ixvii, 65, 124-128,
135-139, 144-147. 168, 171, 172 Courts of Common Law favour the land- owners, Iv resorted to by the landowners, 66, 69 Cross, contract for supply of a silver-gilt,
17-29 Crown, the, as landlord, Ixiii
favours the tenantry under the Tudors,
xiv-xvii, Iv, Ixiii issues a commission of purveyance,
60 issues letters of dispensation from statutes, 7 Curriers not allowed to tan or dye,
7,8 Customary book, 122, 124, 130, 131, 160, 109, 170 lands let by copy, 142 lands, right of tenants to bargain, 102,
171 tenants, Ixviii.lOl, 113-115, 123. 126- 128 Customs of Bradford (Somerset), 124-128. 148
Dedimus Potestatem, issue of a, 51 Demesne lands, 146, 162, 163, 106, 167, 169, 170, 172 cultivation of, 128 their characteristics, Ivii, Iviii, Ixv Dissolution of the monasteries, Ixii, Ixiii its consequences to the tenantry, lix, Ix, Ixviii, 05, 73, 79
Escheater, the King's, of Buckingham, 10 Estovers, Ixiii, Ixiv
Farthing tenement, a, 151
Fealty, 124, 135-138, 152, 153, 156, 158-
160, 102-108 Feathers, bargain and sale of, 185-188 Fee-farm, the King's, 46, 47, 182, 184 Fees, attorneys', 38, 191
counsel's, 38
of Privy Seal, 188 Ferdel, a, of land, 152, 152 n. 9, 153 Ferling. a, 135, 135 n. 5, 138, 139, 159,
104, 105 Fines, Ixv, 102, 106, 112, 113, 115, 117,
118, 120, 130, 132, 134, 135, 138, 139, 141, 144-148, 151-161, 163, 164, 170,
171, 199 books of, 74
how limited, Ixvi, ]08, 109, 113, 143 Fish, right to sell in Hull, 36-41 Fletcher, the King's, 186 Fletchers' Company, 186 Forfeitures, 103, loV, 109, 139, 157, 159,
172, 181
Pothers of lead, 190, 190 n. 3, 204 n. 1 Freebench, Ixv, 105, 109, 112, 114, 116-
119, 125, 129, 133, 134, 140, 143, 148, 149, 157, 169, 170, 172
Garseyn (Garsumum), 74, 74 n. 4, 94, 95
Book, 74 Gild of Flemings, Ixxii, 29, 30
alleged unlawful expulsion from, 30 Gild of^Weavers of Lincoln, Ixxii, 46, 47
of Weavers of London, Ixxii Gilds, abuses in, Ixxii, Ixxiii Grote, value of the, 195
Heriots, Ixvi, 89, 90, 103, 115, 123, 125, 137, 142, 144, 145, 151, 153, 160-102, 164-107
Hocked, Hockes, Hock Tide, 127, 127 n. 2, 154-156
Horse hire, 38, 188, 191
Hundred Penny, the, Ixviii, 126
INDEX OF SUBJECTS
213
Inclosures and the Statute of Merton, lix progress of, in the sixteenth century, xvi, xvii, lix Infangtheof, Ixix
Judges of Charles I., their subserviency, xlvii of Elizabeth and James I., their in- dependent attitude, xxxvi, xxxvii, xl, xli, xliv of Henry VII., Henry VIII. and Ed- ward VI., their salaries irregularly paid, xxi Junior-right. See Borough-English
Landowners, cupidity of, xvii, Ixvii
oppressiveness of, xiv-xvii, Ixx, Ixxi, 1, 2, 62, 63, 65, 66, 76, 79
their extravagance in the sixteenth century, xvi Law costs, Ixxx, 38, 188, 191 Law day, 127 Lead, bargain and sale of, 190, 190 n. 3
mining, 202-204
price of, 190, 190 n. 3
weights of, 202 n. 1, 204 n. 1 Lease, 198, 202 Licence, letters of, granted by Crown, 7
repudiated by City of London, 8
repudiated by Cambridge, 61
to marry, 124, 127
to take orders, 124, 127
for non-residence, 160, 161, 166 Livery allowed to servant, 11
Manor, the component parts of a, Ivii,
Iviii Marriage without licence of lord, 124, 127 Masters of Bequests, xviii, xix, xli, li, lii
distribute minor patronage, li, lii, xcii, c-cii
lists of, cii-cxxiv
manner of appointment of, xii, c
oath administered to, xciii, c
precedence of, xcix, c
present at infliction of torture, xlv, xlvi Mill, a, 156
a water, 156
Hynkesey, 179
Iffeley, 179
Kytlington, 180 Mills, Castle, Oxford, 173, 176-185 Monasteries as landlords, Ixii
alienate their property, Ivii
Mortgage, 13
Municipalities of the sixteenth century, dissensions in the, Ixxiv, 4, 5 become oligarchical, Ixxiv, Ixxv enforce customs against the King's
licence, 7, 8 enjoy feudal rights, Ixxvi, 181, 182
Orders, licence of lord to take, 124, 127 Overland, 63, 105, 106, 120, 122, 129,
131, 133, 134, 138, 142, 149, 150,
157, 158, 167
Peter's Penny, Ixviii, 126, 127 Ploughland, a, 155, 155 n. 4, 156 Poor relief, 196, 197
Privy Seal, the Lord, president of the
Court of Requests, ix, x, xlvii
writ under, the mode of citation in the
Court of Requests, xxi, Ixxxvi,
Ixxxviii
Proclamation crying down the coinage,
193-195 Progresses, royal, and the administration
of justice on, xii, xix, Ixxxviii Purveyance, abuses of, Ixxvii example of, 60, 61
Quarry, a stone, 164
lleeve, 143, 159
election and payment of, 124, 126
Rent, mineral, 202
Rents raised by grantees of monastic lands, 65, 72, 198-200 refused by lord of manor, 143 rise of, in the sixteenth century, xvii
Replegiare, writ of, 108
REPORTS CITED:
Coke, Sir E., 'Reports' (ed. 1826), xii n. 2, xlii n. 1, Ixiv n. 3
Croke, Sir George, ' Reports of Select Cases adjudged in the Courts of King's Bench and Common Pleas during the Reigns of Elizabeth, James I. and Charles I.' (4th ed. by Thomas Leach, 1790-92), xxxix nn. 3, 6-8, xUv nn. 3, 5, xlvi n. 2
Godbolt, J., ' Reports of Certain Cases in the Severall Courtes of Record at Westminster in the Raignes of Q. Elizabeth, K. James, and K. Charles ' (1652), xxii n. 1, xliv nn. 2, 4, 5
214
COURT OF REQUESTS
Hobai't, Sir Henry, 'Reports in the Reign of K. James I., with some few Cases in the Reign of Elizabeth ' (oth ed. 1724), xv n. 2
Hutton, Sir Richard, ' Reports contain- ing many choice Cases, Judgments, and Resokitions in Points of Law in the Reigns of K. James and K. Charles' (2nd ed. 1682), 39 n. 3
Leonard, William, ' Reports and Cases of Law argued and adjudged in the Courts at Westminster in the Time of Elizabeth and James I.' {2nd ed. 1687), xlvi n. 1
March, John, ' Reports; or, New Cases taken in the 15th, 16th, 17th, and l.Sth Years of K. Charles I.' (2nd ed. 1675), xlv n. 1
Moore, Sir F., ' Cases (temp. Henr. VIII Eliz. et Jac. I.) public par Sir Gefrey Palmer ' (2nd ed. 1688), xl n. 3, Ixv n. 2
Year books, E. T. 13, E. III. Ixx, n. 2, E.T. 33Hen.VL, Ixxiin. 1
Yelverton, Sir Henry, 'Reports of Divers Special Cases in the Court of King's Bench (from 44 Eliz. to 10 Jac. I.) ' (3rd ed. 1735), xliv n. 2
Requests, Court of : its origin, ix, x books of the, x, lii, liii Henry VII. and the, x and the Star Chamber, their relations,
xi, xii at first itinerant, xii afterwards sitting in the White Hall of
Westminster Palace, xi-xiv Wolsey and the, xiii name when first applied, xiv abuse of the, by wealthy suitors, xv,
xxiii, xxvi the Protector Somerset as judge of the,
xvii gradual change in the character of the
judges in the, xviii, xix reinforced by Masters of Requests
Extraordinary, xix Elizabeth and the Masters of Requests,xx James I. and the Masters of Requests,
XX, xii its procedure, xxi, xcvi Sir Julius Ciesar on the, xxii-xxxii the Common Law courts and the,
xxxii-xlv
Charles I. and the Masters of Requests,
xii torture and the, xlv activity of the, temp. Elizabeth, xlvi
Charles I., xlvii erroneous statements as to the abolition
of the, xlviii-1 real history of the disappearance of
the, 1 the Protectorate and the, li Charles II. and the, li, lii persons privileged to be suitors in the,
XV, xxxiv, Ixxxv, Ixxxviii, Ixxxix elsewhere than at Westminster, liii, liv utility of the, Iv costs in the, Ixxx jurisdiction exercised by, Ixxxix arrears in the, temp. Ed. VI, xc jjroposed reforms of the, xcvi, xcix judges of the, cii cxxiv Riotous impounding of cattle, 1 Roses, Wars of, impoverish Huntingdon- shire, 81
Sanctuary, 10
Sanitary regulations enforced, 9 Servant, domestic, 11, 31-33 Sewers, Commissioners of, 9 Sheriffs' fees, statute for limiting, 15 Sick and burial society, 30 Staple, the, Ixxiv, Ixxv, 4, 5
Mayor of the, alleged invalid election of, 4,5
towns, Ixxiv, Ixxv Star Chamber :
its relation to the Court of Requests, xi, XV, xxvii, xxxi, xii, xlix
its utility under the Tudors, Ixv
its oppressiveness under tlie Stewarts, xlix
its abolition, xlviii, xlix
STATUTES :
against combining trades, 7, 7 n. 3 against conspiracy, Ix n. 4 against exactions at Hull, 41 n. 3 against excessive jDurveyance, Ixxvii,
Ixxvii nn. 1-4 against excessive sheriffs' fees, 15 against oppression by Gilds, Ixxiii against pulling down of towns, Iv n. 2 against riots and maintenance, xiv n. 1,
xxvii n. 1, Ix n. 4 against usury, Ixxvii-lxxix, 12
INDEX OF SUBJECTS
215
against withdrawal of villein services,
Ixi n. 2 for abolishing the Star Chamber, &c.,
xlviii, xlix n. 1 for Chancery to follow the King, xcv,
xcv n. 1 for dissolution of abbeys, 205 n. 1 for dissolution of chauntries, Ixxii, Ixxii
n.3 for enrolment of pleas in Latin, xlix n. 1 for establishing Court of Augmenta- tions, xl, xl n. 6 for establishing Courts of Conscience,
liii, liii nn. 1, 3, 4; liv, liv n. 1 for establishing the Court of Firstfruits
and Tenths, xli n. 1, xcv for establishing the Court of the Star
Chamber, xi n. 5, xxxi, xli n. 3 for establishing the Court of Surveyors,
xli n, 1 for establishing the Court of Wards, xl,
xl n. 7, xcv for keepers of the peace, 16 n. 1 for leases of the Duke of Somerset's
demesne lands, xvii n. 5, Iviii n. 7,
Ixvi n. 1, 68 n. 2, 69 n. 1 for limitation of actions, Ixxx, Ixxx n. 3 for punishment of perjury, xxvii n. 2 for reckoning herrings, 36 nn. 1, 2 for recognisances of debt, 5 n. 3 for recovery of small debts, liii nn. 1,3,4 for repealing privileges of Hull, 39 n. 2,
41 n. 3 for sheriffs' bonds for appearance of
prisoners, xxxix, xxxix n. 8 for shipping goods in exporter's real
name, 206 n. 1 for staple towns, Ixxiv, Ixxiv nn. 5, 6 for statutes staple, Ixxv, Ixxv n. 4 Magna Charta, xxxvii, xl, xl n. 5, xlix
n. 1, xcv Merton, Statute of, lix, lix n. 1 proving the King the fountain of justice,
xxvii proving the jurisdiction of the King's
Council, xxvii, xxviii
Statutory definitions of the King's Council, xxix, xxxii
Stempnefry, 120, 126, n. 5
StopHst reddes, a kind of cloth, 205, 208
Subpoena, 186
Suits, vexatious multiplication of, liii, Ixxxviii
Surrender of copyholds, 102, 108, 112- 114, 116, 118-120, 123, 128-130, 133- 136, 139, 140, 143, 146, 147, 152, 155, 157, 158, 160, 162, 164, 166, 171
Tenantry favoured by the Crown under the Tudors, xiv-xvii, Iv, Ixiii independent attitude of, 107, 110, 111, 121, 122, 131, 134, 143, 148-151 Testoon, the, value of the, 194, 195 Timber, copyholder's rights to, Ixiv, 75, 83-87, 97, 126 for mining, 202-204 Tithing men, Ixviii, 124, 126 Toll on grinding corn, 173, 176, 182-184 Tolls and ancient demesne, 37-41
on sale of herrings in Hull, 36, 38, 39, 41 Torture, doubtful whether employed by the Court of Requests, xlv probably not the cause of the opposi- tion of the Common Law judges, xlvi Travel, costs of, 38
Usury, illegal, 12-14
laws, their futility, Ixxvii-lxxix
Villeins' revolt of 1381, Ixi Virgate, 144, 152 n. 9, 153-155
Wages, priest's, 59, 60
servants', 11, 31-34 Wardship, 128 Waste, copyholders and, Ixiii, Ixiv, 81-
83,97 Wastes, the sixteenth-century doctrine as
to, lix, Ixv Water, fouling of, 9
mill, a, 156
right to, 48 Weavers' Gilds, Ixxiii Writ of Eight Close, 37, 37 nn. 4, 5
Yard land, 115
216
COURT OF REQUESTS
INDEX OF PEESONS AND PLACES
Abbot's Eipton, 64, 67-100
inhabitants of, v. Seyntjohn, liv, lix, Ixi, Ixvii, 64-101 Aberye, Nicholas, 81 Adam, Adams, William, 78 Adleyn, John, 79 Ady, John, 45 Agnes, — , 119
Ainesworth, Aynesworthe, Aynswoorth, Aynsworth, Henry, ciii, civ, cvi,cviii, cxii n. 32 Alderney, Ixxxii n. 6 Alexander, — , xliv n. 4 Alexaunder, John, 191-195 Eichard, 44 Almaine, merchants of. See Hanse, the Althorp, Oldthorp (Northants), 11 n. 1 Amadas, Amadyez, Amydas, Amodas, Amidas, John, 17-29 Eobert, Master of the Mint, 17 n. 4 V. BuUewike, 22-29 V. Williams, 17-22 Anderson, Sir Edmund, Chief Justice, xxxiv, xxxiv n. 2, xxxv, xxxix, xliii n. 4 Andrewe, William, 75, 76 Anne Boleyn, see Boleyn
of Cleves, 50 n. 3, 66 n. 1, 122 n. 2, 173 n. 4 Annyslowe, Anneslowe, Thomas, 195, 195
n. 3 A Novon, John, 179 Antiquaries, Society of, Ixxix n. 4 Antwerp, li
Aplys, Applyn, Thomas, 132, 133, 145 Arnall (Notts), xxx n. 2 Arnord, Arnold, Jaspar, 30, 31 Arthur, Prince of Wales, xviii n. 1, 117 n. 2 Thomas, 45
Arundell, John, Bishop of Lichfield and Coventry (1496-1502), afterwards of Exeter (1502-04), cii, cvi, ex n. 12 Ascham, Eoger, xciv n. 7 Ashby St. Legers (Northants), 11 n. 1 Ashley, Anthony, Clerk of the Council, xciv, xciv n. 9 Professor W. J., Ixxviii n. 4 Asshebe, Eichard, 95 Aston, Asheton, Eandoll, xxxiv, xlii Atchurche, John, 89 Atlane, Thomas, 158 Atmere, Eobert, 167, see Mere, Eobert Atwater, William, afterwards Bishop o
Lincoln (1514-21), cix, cxxi n. 150 Atway, Atteway, John, 144, 154 Atwey, Nicholas, 155 Stephen, 154 Atwell, John, a bondman of Abbot's Eipton, 90 Edith, 144 Atwill, John, five times Mayor of Exeter,
Ixxv Aubrey, Awbrey, William, Master of Bequests, xix n. 7, cvii, cix, cxxi n. 143 Austen, — , xliv n. 4, xlvi n. 1
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INDEX OF PERSONS AND PLACES
217
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218
COURT OF REQUESTS
cxiv nn. 54-56, 60, 64, 66, cxv nn. 68, 70, 71, 74, 75, 77, 78, cxvi nn. 81, 82, 84, 87, cxvii nn. 95, 99, 100, cxixnn. 116, 118, 121, cxx nn. 137-140, cxxi nn. 141, 142, 145, 146, 150, 151, cxxii n. 160, 165, cxxiii nn. 174-176, cxxiv nn. 179-185, 33 nn. 2, 4, 5, 55 n. 1, 104 nn. 4-6, 105 n. 2, 122 n. 2, 173 n. 4, 174 n. 3 Domesday, 37 nn. 6,7 Donisthorpe, W., 'A System of Measures '
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Ixvi n. 5, 118 n. 2 'Treatise on Commons and Waste Lands ' (1868), Iviii n. 5, lix nn. 2, 3, Ixv n. 5 Endemann, W., ' Studien in der roman- isch-kanonistischen Wirthschafts- und Eechtslehre' (1874), Ixxvii n.5, Ixxviii nn. 2-4 Festus, ' De Verborura Significatione ' (Delphin ed. by Valpy, 1826;, 50 n. 2 Finch, H., ' Description of the Common
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n. 2 Foss, Edward, ' Lives of the Judges ' (1846-64), xxivn. 2, xxxv n. 1, xlii n. 4, xliii n. 4, cxii n. 31, cxvi n. 85,
cxviii nn. 103, 106, 6 n. 5, 9 n. 2,
12 nn. 2,3, 43 n. 1, 61 n. 4, 69 n. 4,
88 n. 1, 98 n. 3, 104 n. 2, 197 n. 2,
203 n. 4 Foster, Joseph, ' Alumni Oxonienses '
(1891-92), cxx n. 141. See Gray's
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n. 1 Froude, J. A.,' History of England' (ed.
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(1869), cxx n. 141 Gasquet, F. A., ' Henry VHL and the
English Monasteries ' (1895), Ivii
n. 3, Ixii n. 7 'The Great Pestilence' (1893), Ixvii n. 3, 89 n. 4 Gilbert, C. S., ' Historical Survey of
Cornwall ' (1817), cxvi n.86 Glanvill, E. de (ed. 1673), Ixvi n. 7 Gneist, E., ' Constitutional History of
England ' (transl. P. A. Ashworth,
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Foster, 1889), xvii n. 2, cxvii n.
101, cxxi n. 144 Green, J. E., 'History of the English
People,' Ixi n. 8, Ixvii n. 4 Mrs. J. E., ' Town Life in the Fif- teenth Century,' Ixxiv n. 1 Griffith, E., ' Ancient Eecords of Hunt- ingdon ' (1827), Ixi n. 5 Hall, Edward ' Chronicle ' (ed. 1809), xiii,
xiv, n. 3 Halliwell, J. 0. (Halliwell-Phillipps),
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96 n. 8, 126 n. 5, 177 n. 5, 184
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cxxii n. 166, cxxiii n. 170 Hasted, E., ' History of Kent ' (1782),
cxxii n. 154 Haydn, J.,' Book of Dignities' (ed. 1890),
xviii n. 11, cxv n. 72, cxvii n. 94,
cxix n. 131 Historical MSS. Commission Eeports, 87 n. 2, 203 n. 2, 204 n. 4
INDEX OF PERSONS AND PLACES
219
Society, Royal, ' Transactions,' xvi nn. 2, 3, liv n. 6, Iv n. 3, Ivii n. 6, lix n. 3, Ix nn. 2, 3, Ixii nn. 3, 6, Ixiii nn. 7, 19, Ixvi n. 8, Ixvii nn. 2, 4, Ixviii n. 6, Ixxii n. 1, Ixxxiv n. 1, Ixxxviii n. 3, cxviii n. 104, y n. 3, 15 n. 4, C3 n. 1, (38 n. 3, 69 n. 3 Holinshed, 11., 'Chronicles' (1807-08),
11 n. 2 Hook, W. F., ' Lives of the Archbishops of Canterbury ' (1860-70), ex n. 8 'Inner Temple Records, Calendar of the,' ed. F. A. Inderwick (1896), 197 n. 5, 204 n. 4. Izacke, R., 'History of Exeter ' (1731), Ixxiv n. 2, Ixxvi nn. 5, 6, 3 n. 8, 5 nn. 1-5, 6 nn. 2, 4, 5, 6 Jacob, G., ' Law Dictionary '(1732), 57 n.
4, 108 n. 1 Jardine, D., ' On the Use of Torture '
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ed. 1845), liv n. 4 Lambarde, Lamberd W., ^ApxaiovofiU (1568), XXV n. 2 ' Archeion ' (1635), x, xi n. 1, xii n. 11,
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' Lincoln's Inn Admission Register '
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220
COURT OF REQUESTS
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Skeat, W. W. See 'Dictionary of
Middle-English ' Smith, Challenor, 'Index to Wills proved in the Prerogative Court of Canterbury' (Index Society, 1895), 59 n. 3 Sir Thomas, ' De Republica An- glorum ' (ed. 1583 and 1635), XV, XV n. 4 Speed, John, ' History of Great Bri-
taine ' (ed. 1656), 34 n. 3 Spelman, H., ' Glossarium Archaio- logicum' (ed. 1687), 135 n. 5, 152 n. 9 Spence, G., ' Equitable Jurisdiction of the Court of Chancery ' (1846), ix n. 1, xlvii n. 1, 16 n. 1 Stapleton, Mrs. B., ' Three Oxfordshire Parishes ' (Oxford Historical So- ciety, 1893), 180 n. 4 State Papers Dom., Hen. VIII., xi n. 4, XV n. 10, liv n. 5, Ivi n. 6, Ivii n. 3, Ixii n. 5, Ixxii n. 2, Ixxxii nn. 5, 6, cxv n. 74, cxvi n. 88, cxvii nn. 96, 97, cxviii n. 113, cxix n. 129, cxx n. 134, cxxi n. 152, cxxii nn. 153, 154, 168, 1 n. 3, 9 n. 3, 15 n. 1, 16 n. 2, 31 n. 3, 42 n. 2, 44 nn. 4, 5, 46 n. 1, 50 nn. 3-5, 54 n. 3, 66 n. 1, 68 n. 1, 77 nn. 1, 2, 87 n. 2, 88 n. 2, 104 n. 7, 117 n. 2, 122 n. 2, 173 n. 4, 174 n. 1, 175 n. 4, 176 n. 3, 197 n. 5, 201 n. 7, 203 n. 5, 209 n. 1 Edward VI., Ixxxix n. 3, cxxiv n.
182, 104 n. 7,201 n. 7,203 n. 5 Mary, 104 n. 7, 208 n. 3 Elizabeth, xvii n. 1, xviii n. 1, xix nn. 6, 7, xx n. 7, xlix n. 3, xciv n. 7, xcv n. 2, cxvii n. 101, cxx n. 141, 175 n. 4, 197 n. 5 James L, xx nn. 2-4, xxii n. 2, cxx n. 141, cxxi n. 144, cxxiii nn. 171, 174-176, 178 Charles I., xx n. 3, xlvii n. 5, xlix n.
3, li n. 1, cxxiv n. 181 Commonwealth, li nn. 3, 4 Charles II., li nn. 8-10 Stow, John, ' Survey of London ' (2nd
ed. 1755), xi n. 1, 9 n. 3, 206 n. 2 Stratmann, F. H., ' Middle-English Dic- tionary ' (ed. H. Bradley, 1891), 74 n. 4, 96 n. 8 Strype, John, ' Annals of the Reforma- tion ' (1824), cxvii n. 101
INDEX OF PERSONS AND PLACES
221
' Ecclesiastical Memorials ' (1822),
xvii n. 3, xviii n. 1, cxvii n. 96 ' Memorials of Abp. Cranmer ' (1840), cxvii n. 96, cxx n. 134 Suckling, A., ' History of Suffolk '
(18i6-48), 87 nn. 6, 7 Siissmilch. See Malthus, T. R. Tickell, John, 'History of Hull ' (1798),
35 n. 6, 41 n. 2 Vinogradoff, P., ' Villainage in Eng- land ' (1892), 63 n. 1, 119 n. 1 Walsingham, Thomas, ' Gesta Abbatum Sancti Albani ' (1867), Ixvii nn. 4,5 Watkins, C, ' On Copyholds ' (1825),
Ixiv n. 1, Ixv n. 2 Westcote, Thomas, ' View of Devonshire
in 1630 ' (Exeter, 1845), 50 n. 5 Wharton, J. J. S., ' Law Lexicon ' (ed.
J. S. Will, 6th ed. 1876), 51 n. 4 Whitaker, T. D., ' History of Eichmond- shire ' (1823), cxiii n. 45, 203 n. 2 WilUs, B., ' History of the Mitred Parliamcmtary Abbies,' &c., 2 vols. (1730), 88 n. 2 Wood, A., ' Athenae Oxonienses ' (1813-20), cxi n. 15, cxiv n. 58, cxviii n. 105, cxxiii nn. 173, 177, 77 n. 2 ' Fasti Oxonienses ' (in ' Athenae Oxon.'), xciv n. 7, cxvii n. 92, cxx n. 141, cxxi n. 152 'Survey of Oxford' (1890), 178 n. 4 Wright, Sir Martin, ' Introduction to the
Law of Tenures ' (1730), Ix n. 1 Wriothesley, C, ' Chronicle ' (2 vols. Camden Society, 1875, 1877), 199
Aylisbury, Aylesburie, Sir Thomas, Master of Requests, 1 d. 1, li, cvii, cxxiv n. 180
Ayshcomb, Ayshecombe, John, 152, 161
Ayshe, Margarete, 45
Ayshecomb, Robert, the elder, 152, 153, 161 Robert, the younger, 153
Ayshecombe, William, 161
Aysheton, Nycholas, 52, 57
Bacon, Francis, Master of Requests to the
Protector Oliver Cromwell, 11 Bacon, Lord Chancellor (1617-21), Or- dinances made by, xxi n. 1 his opinion of the Gilds, Ixxii
Bacon, Nathaniel, Master of Requests to the Protector Oliver Cromwell, li
Badenhyll (Bradford, Somerset), 163, 164
Badinghulle Stighele (Bradford, Somer- set), 126
Badwell (Bradford, Somerset), 138
Bagley, Cuthbert, 94, 95 John, 79, 95
Bainbrige, Benbrike, Baynbrige, Bayne- brige, Baynbrigg, Christopher, Master of the Rolls, Dean of York (1503-07), afterwards Abp. of York (1508-14), xviii, ciii, evi, cix, cxiv n. 60, cxix n. 124, 12, 12 n. 2
Bakechild, Backechild (Bapchild, Kent), 196, 196 n. 2, 197
Balett, Thomas, a bondman of Abbot's Ripton, 91
Ballard, John, 42
Banham, Richard, 20 n. 1, 21
Banke, John, 89
Banwell (Somerset), 102 n. 2
Barbadoes, ci
Barker, Robert, 200
Barnard's Castle (Durham), 201 n. 7
Barnet, Battle of, 81 n. 1
Barre, John, 45
Barret, Raffe, 45
Bassing, family of, 194 n. 2
Bath and Wells, Bishops of :
Richard Foxe (1492-96), x n. 3, cii-civ,
cvi, cix John Clerk, Clerc, Gierke (1518-23),
Ixxxii William Knight (1541-48), 104 n. 4, 119, 132
Bath, first Earl of, John Bourchier, third Lord Fitzwaren, 49, 49 n. 9, 53 Bathe, Bayth, second Earl of, John Bourchier, Ixxi, Ixxii, Ixxx, 49, 49 n. 2, 50-56, 58, 59
Battes, Robert, 94
Baxter, Baxster, Bakster, William, Ixiv, 64, 67, 76, 78, 82-86, 99, 101
Bayly, John, 45
Baylye, Bailly, John, x n. 3, oil, cvi, ex n. 5
Baynbrige. See Bainbrige
Beames, John, author, xxi n. 2, 1
Beaminster (Dorsetshire), manor of, Ixv
Beauchamp, John, Lord, of Bletsoe, 66 n. 1
Beaufort, John, Duke of Somerset, 66 n. 1 Margaret, Duchess of Somerset, 66 n. 1
Bebles, John, 91
Becon, Thomas, author of ' The Jewel of Joy,' Ivi n. 2
•)99,
COURT OF REQUESTS
Bedford, Earl of, Francis Eussell, xvi, xviii n. 1, Ixxxvii n. 1 Earl of, John Russell, Lord Privy Seal, xxvi, xxviii, xxviii n. 5, Ixxxix, xci, 49, 49 n. ll,51n. 3,55, 55 n. 1 Grey Friars of, Ivii n. 3 Bedfordshire, 66 n. 1, 69 n. 2, 73 Bell, Thomas, Ixiv, 78, 80, 85 Bentham, J., ' Defence of Usury,' Ixxix n. 2 Benwyke (Cambs), 73 Bergavenny, Lord, George Nevill, xviii,
cviii, cxix n. 116 Berkenhead, Sir John, Master of Re- quests, c Berkshire, Ixxxii n. 6, 173 n. 4 Berry, Bery, Bury, Burye, James, 174, 174
n. 1, 175, 177, 180, 185 Betryche, Butterege, William, 79, 80, 85 Bicton (Devon), 50 n. 3 Bineacre (Bradford, Somerset), 136 Bishop, Robert, ci
Blackstone, Sir William, xv n. 6, xlviii, 1 Bleching Lee (Bletchingley, Surrey), 66
n. 1 Bletsoe (Beds), 66 n. 1 Bluet, Blewett, Catharine. See Warre, Catharine Blewett, Blewid, Bleuatt, Richard, 118,
131, 151 Blewett, Sir Roger, 118 n. 1 Blunte, John, 93
Blythe, Geoffrey, Dean of York (1497-
1503), afterwards Bishop of Coventry
and Lichfield (1503-31), xviii, cii,cix,
ex n. 7
John, Bishop of SaUsbury (1493-99),
Master of the Rolls, cii,cvi,cxin. 20
Bobye, Boby, William, 48
Bohey, a holding in Bradford (Somerset),
189 Bois, William, 200 Boke Ardowe, Bocardo, the Oxford city
gaol, 180 Boleyn, Anne, Ixxxii n. 6, 66 n. 1, 201 n. 7 Mary, xciv n. 4
Sir Thomas, Earl of Wiltshire, xciv n. 4 Bolham (Devon), 101 n. 1 Bolton, William, x
Bonar, Boner, Bonner, Edmund, after- wards Bishop of Hereford (1539) and London (1539-49 and 1553-59), ciii, cvi, cix, cxv n. 68 Bonde, John, 160
Juliana, 160 Bonyfant, Robert, 4, 5
Bonyfaunt, Bonyfant, Bonefaunt, John,
Ixxv, Ixxvi, 4-6 Bostock, Bostocke, Bostok, Hugh, Ixxx, 191-195 V. Crymes, Ixxix, 191-195 Boston (Lincolnshire), xciv n. 6 (Lincolnshire), staple at, Ixxiv Robert, 78, 84 Bothe, Robert, Dean of York (1477-88),
cxix n. 124 Bourgchier, Bowrgchyer, John. See Bath,
Earl of Bourgchyer, William. See Fitzwaren,
Lord Bowrgchier, Bourgchyer, Fulke. See Fitz- waren, Lord Bourne, Margarett, 206, 207 Bourynge, Johana, 157 Bowes, Bowis, Bowys, Sir Robert, after- wards Master of the Rolls, cv, cvii, cxviii n. 107, 67, 105, 105 n. 2, 123 Bowrynge, Alexander, 156
John, Ixviii n. 5, 163, 164 Boxoll, Boxall, Boxal, John, Secretary of
State, civ, cvii, cviii, cxvii n. 99 Bradford, Bradeford, Bradford Warre (Somerset), Manor of, 101, 102, 105, 110, 113, 115, 117 n. 5, 118, 120, 122- 124, 127, 128, 132, 138, 142-149, 151- 155, 158-166 (Somerset), mill, 156 Bradeford (Somerset) Park, 162, 167 Bradeford (Somerset\ tenants of, Ixiv n. 6, 117, 121, 122, 132, 134, 138, 140, 168, 169 Bradley, for Bradford, 104 Brasenose College, Oxford, x n. 2, xxxvii
n. 7, cxiv n. 57, 173 n. 4 Bray (Berks), Ixxxii n. 6 Braye, Sir Reginald, Chancellor of the Duchy of Lancaster, cii-civ, cvi, cviii, cxi n. 17 Brecher, Anstyce, 119 John, 165 Thomas, 158, 159 Breerton, — , xliv n. 4, xlvi n. 1 Brende, Brend, Thomas, 193-195 Bridlington, Prior of (William Wode or
Wolde), Ivii n. 3 Bristol, Brystowe, Bristowe, city of, ci, 185, 186, 188 Court of Conscience at, liv n. 1 Staple at, Ixxiv, Ixxiv n. 9 Brocks, Brookes, Brock, Richard, xxxiv,
XXXV
INDEX OF PERSONS AND PLACES
99.q
Broke, Brooke, Sir Eobert Willoughby (Lord Willoughby cle). Lord Steward, ciii, civ, cvi, cviii, exii n. 28 Brooke, Sir George, xc, xci, xciii
Sir Robert, afterwards C. J. of the C. P., 203, 203 n. 4 Brounynge, William, 161 Browe (? Browne), John, 94. See Brown.
John Brown, Sir Ant., 175 n. 2
John, 80 Browne, James, 200 Sir Mathew, xxxii n. 1 William, 200, 201 Brownloue, Brownlow, Richard, xv, xv n. 1 Brushford (Somerset), 102 n. 2 Brydges, Sir E. See Collins Buck, George, 203 n. 2 Buckhurst, Cicely, Lady, xviii n. 1
Thomas Sackville, Lord, afterwards Earl of Dorset, xlix n. 3, xciv n. 5 Buckingham, county of, 10
Duchess of, Alianore Stafford, Ixx
Buckingham, Duke of, Edward Stafford,
45 n. 1
his oppressive conduct, Iv, Ixix n. 3
Bugg or Buk, Grene, Abbot's Ripton, 85, 80
Buke, Bucke, Philip, a bondman of Abbot's
Ripton, 89-91 Bullewike, Bulwyke, Buhvyk, Bullewyke,
Bullock, John, 22-29 Bulleyn, Thomas, Ixiii, 78, 80 Bulter, Adrian, ci Burbank, William, 31 n. 3 Burde, John, of Abbot's Ripton, 95 Burd, alias Beard, Berde, Richard, 49,
52,53 alias Beard, Berde, John (the elder), 48,
49, 52, 54, 57, 58 alias Beard, Berde, John (the younger)
48, 49, 52 alias Beard, Berde, William, 49, 58 Burges, Thomas, 21-22, 26-29
Bruges, Sir William, priest, 59, 60 Burghley, Lord, Sir William Cecil. See
Cecil Burnam, Burnham, Burneham (Somerset), 62.64 inhabitants of, v. Fynes, liv, Ivii, 62-64 Burwell (Cambs), 74 Butterege. See Betryche Butterwyk, Butturwyk, Thomas, Abbot of
Ramsey (1396-1419), 74, 89 Button, Richard, 74 Byland, Abbey of (Yorks), Ixix, 201, 201 n. 5
Bylegh,Biley (Essex), Monastery of, 104
n. 7 Byrde, Byrd, Birde, WiUiam, Ixiv, 64, 67,
77, 78, 82-86, 99, 101 Byrmore, Nicholas (father), 44
(son), 44 Byron, Sir Ernestus, ci Byrte, John, 117
Caesar, Sir Julius, Master of Requests, etc., xii, xix n. 7, xxi-xxiii, xxiv n. 2, xxv n. 1, xxvi, XXX n. 1, xxxii, xxxii n. 1, xxxiii, XXXV, xxxvi n. 3, xxxvii n. 1, xl n. 4, xlii, xlix n. 3, Ixxxiii n. 1, Ixxxv n. 1, Ixxxix, Ixxxix n. 2, xciii n. 5, cvii, cix, cxix n. 133, cxxi n. 142 Calais, Ixxxii n. 6, 50 n. 5 fall of, xlvi
staple of, Ixxiv, Ixxiv n. 6, 200 n. 3 Callow Croft, Abbot's Ripton (Hants), 93 Calmady, — , his case, xliv, xlvi n. 1 Calwodely, John, 5
Cambridge, Cambrige, Ixxxvii, 18 n. 4, 60, 61, 61 n. 1 customs of, Ixxxvii n. 3 University of, Ixxxii n. 2 Canterbury, xii Capell, Sir Giles, 44 n. 4 Sir Henry, 43, 44, 44 n. 4 Isabel, Lady, 44
Kapell, Sir William, Lord Mayor of London, 7, 7 n. 4, 8-10 Cardiff, Ixx
Carey, Henry, xciv n. 4 Carleton, Dudley, xix n. 4 Carlisle, Dean of, John Wolley (1577-9
xciv n. 7 Carmarthen, Sheriff of, — Stepney, Ste
neth, Stephens, xxxix, xxxix n. 6 Carne, Sir Edward, cvii, cix, 98, 205, 205 n. 2 Carnyck, Carnicke, Carnycke, John, 136,
144, 164, 165 Carter, Elizabet, 94 Laurance, 80, 94 Cartwright, — , xliv n. 5 Catesby, family of, 11 n. 1
John, of Ashby St. Legers, 11 n. 1 John, of Thorp Lubenham, 11, 11 n. 1 Catherine, St., Hospital of, xxvi Caversham, Oxfordshire, Ixxxii n. 6 Cecil, Sir William, Lord Burghley, xvii n. 2, xxiii, xxiv, xxvi, Ixxix n. Ixxxiii, xciv, cvii, cxxiv n. 182, 203 n. 204 n. 4 Chamberlain, John, xix n. 7
224
COUET OF REQUESTS
Chaplen, Chaplyn, John, 139, ICl Chapman, John, Mayor of Cambridge, 60,
61, 61 n. 1 Charles I., business of Court of Bequests under, 1 creates Edward Somerset Marquis of
Worcester, li n. 2 interferes with the jurisdiction of the
Court of Eequests, xlvii knigh's Sir Thomas Eyves, Master of
Eequests, 1 petitioned by the Masters of Eequests, xli, xcix Charles II. abstains from restoring the Court of Eequests, lii appointments to Masterships of Ee- quests by, li petitions to, c Charles, Prince of Castille 31, n. 3
afterwards Charles V., Emperor, Ixxxii n. 6, 45 n. 1 Charleton Camvyle super Horethowdon (Charlton Horethorne, Somerset) > 104 n. 7 Charleton, Thomas, xxxii n. 1 Chaucer, Geoffrey, ' On the Treatment of
Bondmen,' Ixx, Ixx n. 5 Cheiney, Sir Thomas, K.G., cx,cxxii n. 154 Cheshire, Ixxix, 174 n. 3, 197 n. 6 Chester, court of the County Palatine at, xcv Cheston (Herts), Ixxxiv
Mr. Dacres of, xxxi Chichester (Sussex), Bishop of, Eichard Sampson (1536-43), cv-cx, cxv n. 71, 33 n. 2 See also Fitzjames and Shirburne staple at, Ixxiv Chicksand (Beds), 66 n. 1. Chipleigh, Chaplegh (Somerset), 102 n. 2,
147 Churche, John, 91 Cinque Ports, cases from the, heard in the
Court of Eequests, xxii Clarendon, Lord Chancellor (1000-67),
xlviii n. 1, 1, li Clerc, Clerke, Clerk, John, Dean of the King's Chapel, Bishop of Bath and Wells (1523-41), Ixxxii, ciii, cvi, ex, cxvii n. 64 Clerc, W., Serjeant-at-Arms, 176, 176 n. 3 Clerke, Edmund, 175, 175 n. 4
James, 179 Cleves, Anne of. See Anne Clopton (Somerset), 45 Clyve (Somerset), 45
Clyvedon (Somerset), 45
Cobbe, John, a bondman of Abbot's
Eipton, 91 Cocke, Cooke, Coke, Dr. William, Master of Eequests, xc, xci, civ, cv, cvii, cviii, cxvii n. 94 Cockes, a holding in Bradford (Somerset), 138, 165 Johanna, 160 Juliana, 160
Cokkes, Cocks, Cocchys, John, civ, cv, cvii, cix n. 92, cxx n. 134 Coke, Sir E., Chief Justice, ix, xii, xv, xvi, xl, xli n. 4 approves the Peine Forte et Dure, xlvi assails the Court of Eequests, xliv, xliv
n. 2, xlvii n. 2 legal maxim of, Ixxix on copyholds, lix n. 2, Ix n. 1, Ixiii,
Ixiii n. 9, Ixiv, Ixv n. 3 on fines, cxvi
Sir John, Secretary of State, xlvii n. 6, cvii, cxxiv n. 179 Cokeham (Berks), Ixxxii n. 6 Colby, John, 35, 37, 38 Cold Kennington (Surrey), manor of,
Ixxxii n. 6 Cole, Coole, Coll, Goole, John, 21-23, 26-29 Coll, John, of Bradford (Somerset), 129 Colles, John, of Bradford (Somerset), 163
John, of Leystoft, Suffolk, 39 Co] son, Isabell, 200
Eichard, 200 Columpton (Cullompton, Devon), 136, 144 Colyar, Andrew, 89
Colyer, John, a bondman of Abbot's Eipton, 90 — , wife of John Colyer, 90 Colyns, Collyns, Walter, 130, 133 Combe (Somerset), 104 n. 5
Flory, Colme Floley (Somerset), 102
n. 1, 151, 159 Martin (Devon), 50 n. 5 Constable, Sir Eobert, 33, 33 n. 4 Cooke, Coke, Eauff, 185-189 Coppyndale, Edmond, 189, 190 Cornwall, 20 n. 2, 49 n. 11, 126 n. 5
Stannaries Court in, xcv Cornyshe, John, 105 Corway, Joan, Johanne, xxxii n. 1 Cosynhill, in Bradford (Somerset), 158 Cotter, John (alias Jettour), 39 Cotterell, John, 45
Couche, Coych, Cowche, John, 22, 23, 25 Coughton (Warwickshire), 197 n. 6
INDEX OF PEKSONS AND PLACES
!25
Counties Palatine, abolition of certain
Courts of the, xlviii cases from the, heard in the Court of
Bequests, xxii Courts of the, xcv Courtney, Courtenay, Edward, Earl of
Devon, Ixxvi, 6, 6 n. 5 Courtney, Courtenay, Henry, nineteenth
Earl of Devon and first Marquis of
Exeter, 50 n. 5, 175 n. 2 Court Yatte (Devon), 23, 23 n. 5 Coventry, Henry, Ambassador to Sweden, c Coventry and Lichfield, Bishoi) of, Richard
Sampson (1543-54), 33 n. 2. See also
Chichester Coverdaill, Henry, 200 Coward, John, 200
Thomas, 200 Cowper, Robert, 27, 28 Cramborne (?Cranborne), (Dorsetshire)
Ixxxii n. 6 Cranfield, Sir Lionel (afterwards Earl of
Middlesex), Master of Requests, xx
n. 2, cvii, cxxiii n. 175 Creighton, Francis, cii Crofts, Sir James, xviii n. 1 Cromer, Dr. (? Edward Crome, D.D.), civ-
cvi, cix, cxv n. 74 Cromwell, Oliver, Lord Protector, his
Masters of Requests, li petition to, Ivi n. 5 Cromwell, Thomas (Earl of Essex), xv, Ivi n. 6, ivii n. 3, 20 n. 2, 50 n. 5, 104 n. 7, 122 n. 2, 173 n. 4, 201 n. 7 Croydon, civ, cix
Croyland, Crowland, John, Abbot of Ram- sey (1434-36), 88 n. 2 Crymes, Crimes, John, Ixxix, 191-195 Culme, Hugh, xxxiii Curson, Robert, Baron of Exchequer, CI,
61 n. 4, 104 n. 2, 109, 113, 115, 120 Curteis, William, 93
Daccombe, Sir John, Master of Requests,
cvii, cxxiii n. 171 Dacres, Dacrees (Lord), Thomas Fienes, ciii, cv-cvii (Thomas Dacres, Esq.), cxiv n. 55 Mr., of Cheston (Herts), xxxi Robert, Master of Requests, xix, xxxi,
Ixxxv, civ, cv, cvii, cix, cxvi n. 88 Thomas, Esq., evil, cxxii n. 168. See Dacres, Lord Dade, Thomas, a bondman of Abbot's Rip ton, 91
Dalby, John, cix, cxxi n. 152. See Dalby, Thomas Thomas (not John), cix, cxxi n. 152 Dale, Dr. Valentine, Master of Requests,
XX n. 7, cvii, cix, cxx n. 139 Dalwood (Dorsetshire), 153 n. 13 Danaster, John, Ixxv, 5, 6 Danes in Edward IV.'s army of 1471,
81 n. 1 Danyell, Sir John, chaplain, 75 Robert, 75, 76 Thomas, 75, 76 Darcy, Thomas (Lord Darcy), his " Re- membranceis" against Wolsey, liv n.5 Sir Thomas, K.G. (Lord Darcy of Chiche), Lord Chamberlain, Ixxxix- xci Dartmoor (Dartmore) Forest, 2G n. 2, 201
n. 7 Daryngton, Richard, 60, 62 v. Chapman, Ixxvii, 60-62 Daubeny, Daubny, Dawbney, Dawbeney, Giles (Lord), cii-civ, cvi, cix, cxi n. 16 Daunce, Sir John, 20 n. 2 Dauncye, John, 9 Davell, De Vail, Henry, 35 n. 3 Davies, Captain Robert, ci Davy, Johane (nee Hawkyns), 118, 120, 129, 140 Davye, Dave, Davyes, Thomas, 107, 112, 118-121, 128-132, 140, 142, 146, ]47 Davys, Walter, 45 De la Pole, Edmund, 37 n. 7 Denbigh, County of, 192 Dendyll, a holding in Bradford (Somer- set), 161 Denny, Henry, Ixxxiv Dennynge, Thomas, 187 Dent, John, 14
Denton, James, afterwards Dean of Lich- field (1522-33), c.x, cxxi n. 151 Denys, Sir Thomas, Ixviii, 15, 15 n. 1, 50,
50 n. 3, 55, 122, 122 n. 2 Derby, Thomas Stanley, first Earl of, ciii, cvi, cxii n. 37 Earl of, W'illiam Stanley, K.G., his case, xli Devon, County of, 20 n. 2, 42 n. 2, 49 n. 11, 50 n. 5, 51, 122 n. 2 Earl of. See Courtney Dey, Deye, Antony, 30, 31 Dier, Thomas, 104, 101 n. 7, 132 Digby, Antony, 30, ol
Q
226
COURT OF REQUESTS
Digbye, Digbr, Sir John, ciii, cvi, cxii n.46 Docwra, Sir Thomas, Prior of St, John of
Jerusalem, Ixxxii, Ixxxii n. 3 Dolbury, Doberry (Somerset), 161, IGl n. 5 Dorset, Coimty of, 42 n. '2. 49 n, 11, 151 n. 4, 153 n. 13 Marquis of. Sec Grey, Thomas DDuglas, Robert, cii Drewe, John, 196, 198 V. Wilkyn, 196-198 Drury, Dury, Sir Robert, evi, cviii, ciix
n. 118 Duck, Sir Arthur, Master of Requests.
cvii, cxxiv n. 184 Dudley, Edmund, Ixxxii n. 5, cri, cxxii n. 165 John, Earl of Warwick and afterwards Duke of Northumberland, xxviii n. 4, 198, 198 n. 7. 199 n. 2 Robert, Earl of Leicester, xviii n. 7 Dunn, Dun, Sir David, Master of Requests, xix n. 7, XX n. 2, cvii, cix, cxxi n, 145 Durham, Bishop of, Richard Foxe (1494- 1501), ciii, cv, cvi, cviii Bishop of, James Pilkington (1561-76),
203 n. 5 Palatine Court of, x«v Durrant, John, 22, 23 Durresley (Gloucestershire), 205, 206 Duven, Henry, 35
Dymmocke, Dymmockf Dimcck, Sir An- drew, S.-G., cii-div, cvi, cii, ex n. 11, cxii n. 31
Eastevlings, the, Ixsx, 81 h. 1. See also
Hanse Eastham^Tstead, xiii East Harptree (Somerset), 44 n.- 4 East India Company. Courts of Requests
established by the, liv Easttroppe, a close in Abbot's Ripton, 85 Eaton (Eton), College of, ciii, cvi, cix Eden, Edon, Anthony, 189, 190 Edward I., xxxi, xciv, 194 n, 2
III., ix, X, kHx n. 1, Ixxxv n. 2, 74. 169,
170 IV., XXX, Ixii, Ixxx. 49, 81 n; i, 171 v., xviii n. 11 VI., xix n. 1, lii. Ixxxix Egerton, Sir Thomas, S.-G., xxxvii^
xxxvii n. 7 Elizabeth, Queen, xii, xviii n. 1, xix, xx, xli, xlvi, xlvii, lii, lix, Ixxxviii, xciv nn. 1, 4, 6, 7 and g. 197 n. G. 201 n. 5 Ehve?, Tbomas, 190
Ely, Bishops of ;
Nicholas West (1515-34), Ixxxii n,6 Thomas Thirlebie, Thirlby (1554-59), 123 n. 1 Elyngton, Edmund de. Abbot of Ramsey
(1379-96), 88 n. 2 Elyot, EUott, Elyott, Richard, Serjeant-
at-Law, Ixxviii, 11, 12, 12 n. 3 Elyott, Elyot, William, clerk. 12-14 Emlyn v. Whittyngham, Ixxii, 46-48
Symon, 48 Erapson, Sir Richard, cii, cvi, cxi n. 18 Englefeilde, Inglefeild, Sir Thomas, cv,
cvii, csviii n. 106 Englisshe, Inglisshe, Inglysse, John, of Netylcomb (Somerset), 147, 150, 151 Essex, County of, 104 n. 7 Est Alington (Devon), 15 Estthorpe, Abbot's Ripton (Hunts), 93, 94 Evei-ard, Michael, 30, Bl Everingham, — , xxxii nn. 1, a, xl n, 3 Exeter, Bishops of ;
Oliver King (1493-95), (afterwards Bishop of Bath and Wells), ciii, civ, cvi, cxii n. 26 Richard Foxe (1487-92), cviii Veisie, Veysey, Pheysey (alias Harman), John (1519-51 and 1553-54), Dean of the Chapel Royal, XXX n. 2,lxxxiv, li a. 4 Exeter, city of, 50 nn. 3, 5, 122 n. 2 Exceter, civic broils in, Ixxiv, Ixxv, 4, 5 first Marquis of, Henry Courtney, 50
n. 5, 175 n, 2 Mayor of, Richard Unde (Undy). 3. 3 n. 8 pestilence at (1503), 5 n. 4 petition of the Mayor and citizens of,
Ixsiii, Ixxv staple of, 3 n. 8, 4, 5 Eynsham (Oxfordshire), Abbot of. Anthony Dunstan, alias Kitchen, 173 n. 4
Fallowes, Richard, 178, 179
Farhham (Berks), 173 n. 4
Farwell, Farewell, Symon, Symond, 120, 129
Fannt. John, Ixiv, 74
Faux, Harry, 4
Feckenham, Worcestershire, 197 n. 6
Fermour, Elizabeth (nee Nory&se), 174 n, 4 Richard, 173 n. 4
(alias Ricards), Thomas, Ixsxi, 173 n, 4 Farmour, William, Ixxxi, 173, 173 n.- 4, 175. 177, 180, 184, 197 n. 5
Field of Clyth of Guld, Ixxxii n. 6
INDEX OF PERSONS AND PLACES
Tli
Fineux, Fyneux, Sir John, Chief Justice
of England, Ixxxiii n. 8, 9, 'J n.'2 Fisher, John, Bishop of Rochester (1504- 85), Ixii John, Esquire, 69 n. 2 Sir Michael, (i9 n. 2 Fitzharbert, Fitzherbevt, Sir A., Justice of
C.P., xxviii, lix, Ixx, Ixxi n. 1 P'itzhewghe, Thomas, Ix, 68, 68 n. 1 Fitzjames, Richard, Bishop of Rochester (1497-1504) and Chichester (1504-06), xviii, ciii, cv, cvi, cviii, cxiii nn. 39, 50, cxviii n. lll,cxixn. 115 Fitzwalter, Elizabeth, Baroness, cxi, 21 Fitzwalter, Fitzwauter, Lord. See Ratcliffe Fitzwaren, Fitzwarine, Fowke or Fulke Bourchier, second Lord, 49, 49 n. 1, 52, 53 John Bourchier, third Lord, first Earl
of Bath, 49, 49 n. 9, 50-52, 58 John Bourchier, fourth Lord, second
Earl of Bath. See Bath, Earl of Thomasyne, Lady, 52, 52 n. 2, 53, 57,
57 n. 3 William Bourchier, first Lord, 52, 52 n. 2, 57, 57 n. 2 Fitzwilliam, Fitzwilliams, Sir William, afterwards Earl of Southampton, civ, cv, cvii, cviii, cxvi n. 82 Flamsted (Herts), manor of, Ixxxii n. 6 Fleming, Peter, 30 Flemings, a benefit society of, Ixxii immigration of, into London, Ixxiii immigration of, into Glastonbury,104n. 7 in Edward IV.'s army of 1471, 81 n. 1 Fletcher, George, 208, 209
Richard, 205-209 Flintshire, 174 n. 3 Flodden, battle of, 42 n. 2 P'loud, — , defendant in Stepney's case,
xxxix Folbeck, Wylliam, 76, 80, 82 Folbygge, Thomas, 94 Foreacre, Foureacre, Fouracre, Fowreacre, Thomas, hv, Ixvii, 101, 105-108, 110- 113, 117 n. 5, 120, 132, 140 v. Frauncys, liv, Ixv, 101-172 Forster, — , 190 Fortescue, Sir Adrian, xciv n. 9
Sir John, Chief Justice of the K.B.,
denounces torture, xlv n. 3 Sir John, Master of Requests, xciv, xciv n. 8, cvii, cxxiv n. 183 Forlhe, Robert, 175 n, 4
Foteland, in Bradford (Somerset), 157 Foxe, Richard
Bishop of Bath (1492-94) and Lord
Privy Seal, X n. 3,cii-civ,cix,cxn. 2
Bishop of Durham (1494-1501), ciii, cvi,
cviii, cxiv n. 53 Bishop of Exeter (1487-92), cviii P'ox, Foxe, Sir Stephen, ci Fraunces, John, Esquire, 115, 137 Michael, Esquire, 13(j Nycolas, Esquire, 115, 119, 129, 133, 135-139, 141, 144-140, 159, 162- , 165, 167 Frauncys, Fraunces, Fraunceys, Fraun- ceis, William, liv, Ixvii, Ixviii, 102- 105, 110, 113, 115, 116, 117 n. 5, 119, 120, 122, 128, 129, 132-135, 1.S9-143, 145-147, 149-151, 159 n. 8, 161, 162, 165, 168, 169 Fraunkelyn, Agnes, 161 P'redrik, Keston, 30 Freeman, Sir Ralph, Master of Requests,
XX n. 3, cvii, cxxiii n. 176 Freman, John, Ivii n. 3 French Handicraftsmen, Gild of, Ixxii n. 2 Frere, Thomas, ci Freurt, William, 180 Frost, Gregory, 95 William, Ixxv, 5 Fuller, John, 204 n. 4 Fullere, — , 204, 204 n. 4 Furlong, Le, in Bradford (Somerset), 157,
162 Furlonges, Le, in Bradford (Somerset),
158, 167 Fynes, Richard, of Broughton (Oxon), liv,
Ivii-Kx, 62, 62 n. 3, 63, 64 Fyneux, Sir John. See Fineux Fyveacre, a holding in Bradford (Somer- set), 159
Gage, John, 45
Gardner, — , xlii William, Captain, c
Gardyner, John, 21
Gardyners, a holding in Bradford (Somer- set), 153
Gasquet, Dr. F. A., Ivii n. 3, Ixii nn. 5, 7, Ixvii n. 3
Gawdy, SirThomas, Justice of theQueen's Bench, xlvi n. 1
Gengeslond, in Bradford (Somerset), 158
George, John, 45
Gerard, Gerrard, Sir William, Master of Requests, cvii, cix, cxx n. 137
228
COURT OF IIEQXTESTS
Gerbert, John, cvii, cxxii n. 167. See
Gilbert Gibbon, Gibon, John, 151, 152 Gibson, Isabel (fonnerlj J. Mason), xxxii John, 3
Thomas, xxxii, xxxiii Gibyns, Alice, 152 Gilbert, John, cvii, cix, cxix n. 129 Gilforde, Sir Eichard. See Guilforde Gill, John, 118, 131
Glandvill, Glanville, Glanvill, Sir John, Justice of the Common Pleas, xxxix, xliii n. 4 ^
Glastonbury (Somerset), 104 n. 7
Abbot of (Eichard Whiting), 50 n. 5 Gledyll, John, 3
Gloucester, Court of Conscience in, liv n. 1 Glowce&ter, Gloucetter, Glcseter, Glose- tor, 185-188 Godfraye, Godfray, John, 164 Gomersall, — , xxxviii Goodstoke, Guscote, Gooscott, Guscotte,
Gustoke, Gostoke, 17, 19, 20 Gorge, Sir Edmund, K.B., 42 n. 2 Gorges, Sir Edward, Ixix, Ixx, 42, 42 n, 2, 43-46 Gorlestun (Suffolk), manor of, 37 n. G Gostlyn, John, 80 Thomas, 78, 94 Gostwyk, John, Ivii n. 3 Grame, Nicholas, 200 Gravelines, Ixxxii n. 6 Graves, —,87 Greenwich, Grenewiche (Kent), xii, Ixxxii
n. 6, 176 Grenevyleswyke, Somerset, 102 n. 2 Grenewaye, John, 161 Grenwodd, John, 3 Gretwich, Roger, 177-179 Grevile, William, Justice of the Common
Pleas, cv, cix, cxviii n. 103 Grey, Lord John and his wife, 45, 45 n. 1 Thomas, second Marquis of Dorset, 45 n. 1 Greyn, Mother, 77, 78 Griltith, Griffin, Thomas, 11 n. 1
William, c Grigge, William, 158 Grove, — , 9 Grubbe, — , xlv Guernsey, li, Ixxxii n. 6 Guilforde, Gilforde, Gilfforde, Guilford, Sir Eichard, ciiciv, cvi, cviii, cxi n.l3 Gunne, Richard, 205-209
Fletcher, Ixxvii, 205 209
Haddon, Walter, Master of Requests, xix,
civ, cvii, cix, cxvii n. 100 Haderdone(Heatherton, Somerset), 127 n.4 Hales, John, Surveyor of Crown Lands,
20 n. 2 Halffeacre, John, 55 Halkesgarthe, Hawsker-cum-Stainacre,
Halkergarthe, 198, 198 n. 6, 199 Hall, Thomas, 67, 73, 76, 77, 80, 87 n. 2 Hallam, Henry, historian, Ixxxv n. 2 Halle, Johane, 9
John, 7-10 Hamlyn, Nicholas, 6 n. 3 HamjDshire, Ixxxii n. 6 Hampton Court, Ixxi, 54 Handlow, Handlo, family of, 178
Hanmow, , 178
Hanse, the, Ixxx, 205, 206, 206 nn. 1, 2,
207, 208 n. 3 Hanworth (Middlesex), Ixxxii n. 6 Hare, John, of Homersfield (Suffolk), 174 n. 3 Har, Sir Nicholas, civ, cv, 99, 174, 174 n. 3, 170, 185, 190 Hai-pps Close, Abbot's Ripton, 85 Harres, Stephen, 161 Harrington, James, Dean of York(1508-12),
cxix n. 124 Harwold (Beds), 66 n. 1 Hasilwoode, John, 3 Hatfield (Herts), xlvii n. 5 Hatton, Sir Christopher, Lord Chancellor, xciv Hoton, Richard, Provost of King's College, Cambridge (1507-09), xviii, ciii-cvi,cviii, cxiii n. 44, cxviii n. 112 Hawke, Richard, 18
Hawkyns, Johan (afterwards Davy), 115, 118, 120, 129, 140, 141 John, 115, 118, 140, 141 William, 18, 21 Hawselade (Bradford, Somerset), 157 Heath, Nicholas, afterwards Archbishop of York (1555-60), cxvi n. 90. See sub Rochester, Worcester, Bishop of Hele, Heale (Somerset), manor of, 102 n. 2, 121, 145, 159-166 Walter, xxxiii Helland, John, a bondman of Abbot's
Ripton, 91 Henneadg,Heneage, Robert, xciv n. 6
Heneage, Sir Thomas, xciv, xciv n. 6 Henry IIL, Ixix, 194 n. 2
v. suppresses St. Mary Rouncival, Ixxxiii n. 4
IXDEX OF PERSONS AND PLACES
229
Henry VI., 52
VII., x-xiii, xxvi, xli, xliii, xlvii, liii, Iv, Iv n. 1, Ixxiv, Ixxv, Ixxxiv, xciii, xcv, cii-civ, cxix n. 116, 1 n. 3, 66 n. 1, 171
VIII., xii, xiii, xvi, xix, xxvi, lii, liv, Ixxi, Ixxxii n. 6, cii, 45 n. 1, 73, 171, 173-175, 177, 182, 190 Herbert, Sir John, Master of Requests, xix n. 7, xxi, xlix n. 3, xcv n. 3, cvii, cix, cxx n. 141 Hertford, xix n. 6
Castle, xix n. 4 Hertfordshire, 73, 87 n. 2 Hervo, John, 152 Hestercombe, Heystei'comb (Somerset),
124 n. 3, 154 Hethiild, in Bradford (Somerset), 158 Hever, John, 175 Hewell, David, 138 Hewett, John, 178 Hexsam, Hexham, ahas Topdiffe, John,
Abbot of Whitby, 82, 32 n. 1 Hicks, Dr. See Nikkes Hide, Hyde, Nicholas, 10, 11
V. Catesby, 10 Hides, Christopher, xxx n. 2
Margaret, xxx n. 2 Higford, — , xxxviii Higgons, Edward, cix, cxxii n. 153 Hinksey, Hynkesey (Berks), Ixxvi, 179 Hinton-Crofte (Somerset), 102 n. 2 Hite, John, 130
William. See Hyte Hobby, Sir Thomas, ex, cxxii n. 160 Hobie, — , xxxviii Hobson, William, 92 Hobye, Hobie, Sir P., xc, xc n. 5, xci Hoddes, Kobert, 38 Hodshon, Thomas, 200 Hody, Joan. See Warre, Lady
Sir John, Chief Baron of Exchequer, 117 n. 4 Holbourne (Middlesex), 48 Holcomb-Burnell (Devon), 50 n. 3 Holcombe (Devon), 118 n. 1 Holcome, Holcomb, William, 151 Holderness (Yorks), 33 n. 5 HoU, Holne, Holme (Devon), 49, 50, 52-
54, 56-58 Holme, Thomas, 47 Holt, The (Denbighshire), 192 Holywell, Oxford, Ixxvi Homersfield (Suffolk), 174 n. 3 Home, Robert, Bishop of Winchester (1561-80), xviii n. 1
Horseley, West (Surrey), 175, 175 n. 2
Hort, Thomas, 45
Howard, Anne, Lady Gorge, 42 n. 2
Charles (Lord), of Effingham, xciv, xciv
n. 3 Henry, Earl of Northampton, Lord Privy Seal, xx n. 6, xlvii, xcvi, xcvi n. 3 Henry, Earl of Surrey, xcvi n. 3 John, first Duke of Norfolk, 42 n. 2 Thomas, Duke of Norfolk, xcvi n. 3 William (Lord), of Effingham, xciv n. 3 Howell, David, 160 Hubberd, Richard, 91 Huddesfild, Sir William, A.-G., Ixxvi, 6, 6
n. 5 Hull (Yorks), 33 n. 4, 35-39, 39 nn. 2, 3, 40, 41, 41 nn. 2, 3 Mayor of, Ixxx, 35, 35 n. 6, 37-39, 41 staple at, Ixxiv Hunsdon, Lord, Henry Carey, xlix n. 3,
xciv, xciv n. 4 Hunter, — , xliv n. 5 Huntingdon, grant of Richard II. to, Ixi
n. 5 Huntingdonshire, 73, 87
the peasants' revolt in (1381), Ixi n. 5 Huntington, John, Abbot of Ramsay
(1488-1506), 88 n. 2 Huntrodes, Maryon, 200
Robert, 200 Huntt, Hunte, Edward, 178, 180 Hurman, Alice, afterwards Hindboroghe, 137 John, 115, 116 Hussey, Sir William, C.J. of the K.B., ciii,
civ, cvi, cviii, cxii n. 29 Husseye, Hussey, Husse, Sir John, civ,
cv, cvii, cviii, cxvi n. 81 Hutton, Thomas, 67, 73, 76, 77, 80, 88, 89,
96 nn. 2, 3, 97 Hygden, John, SO
Hylbysshopes, Hibbishopes(Bishop's Hull, Somerset), 117, 117 n. 3, 118, 119, 131, 131 n. 1 Hylle, John, 177 Hyndburgh, William, 155-157 Hyade, Johanna, 164 Robert, 164 Wilham, 133, 164 Hyndeborough, Hindborowe, Agnes, 115,
137 Hyndeborow, Hyndeborowe, Thomas, 130, 133
230
COVRT OF REQUESTS
Hyndeborowgh, Hindboroghe (formerly Hurman), Alice, 137 Hyndeborowe, Hyndeboroghe, Hynd- burgh, John, 130, 133, 137, 155, 157 Hyndeston, William, 57 Hyte. William (the elder), 118 (the younger), 118, 130
Ifley, Iffeley (Oxfordshire), Ixxvi, 179
lUingworth (Yorks), 1
Inglisshe, John. See Englisshe
Ipswich, staple at, Ixxiv
Islip, John, Abbot. See Westminster
Islyp, Islip (Oxfordshire), 177, 184
Jakes, Eobert, xxx n. 2 Jakson, William, 200 James I., xviii n. 1, xx, xli, xliv, liii, xciv n. 9, ex n. 4 Jamys, Thomas, 121, 128-130, 134-13(3, 138, 141, 146, leO, 162, 166 Janne, Jane, Thomas, x n. 3, xviii, cii-
civ, cvi, ex n. 4 Jardine, D., on the use of torture, xlv n. 4 Jefferrey, Thomas, 175 n. 4 Jefrason, Eobert, 200 Jefrayson, Christopher, 200
Robert, 200 Jenour, — , xliv. xliv n. 4 Jermon, Alys, 14. See Smyth, Alys Jerningham, Sir Edward, 37 nn. 2, 7
Mary, Lady, 37 n. 7 Jersey, 11, 104 n. 5
Jettour (alias Cottour), John, Ixxx, 35, 37, 39 (alias Cottour) v. Mayor of Hull, Ixxx Joce, Eobert, 52, 57 John, King, 194 n. 2 Johnson, James, Mayor of Hull (1533). 35
n. 6 Jones, Major Eichard, ci Jordayn, Jurden, John, 80, 93 Joyce, John, 14-17
V. Toby, 14-17 Jukes, — , xlii Jurden, John. See Jordayn
Kemsley, Eobert, 41
Ken, Kene, John, 43, 44, 44 n. 5
Kendal, John, Prior of the Order of St.
John of Jerusalem, xviii, ciii, civ, cvi,
cvii, cviii, cxii n. 27 Kenn, Ken (Somerset), 44 n. 5, 45 Kent (Kancia^, Eail of, Edmund Grey, cii.
cvi, cix, cxi u. 24
Kent, Symon, liv, Ixiv, 64, G7, 69, 71-73, 78, 80, 82-86, 99, 100 V. Seyntjohn, 64-301 Keyle, Thomas, 155 Kildare, Earl of, 45 n. 1 Kingsmill (Kingswell), Sir George, Justice of C.P., xlii, xlii n. 4, xliii n. 4 Kingesmell, Kyngysmell, Sir John, Jus- tice of C.P., xlii n. 4, ciii, civ, cvi, 12, 12 n. 3 Sir John, of Sidmanton, Hants, xlii n. 4 Kingsthorpe (Northants), 69 n. 4 Knight, Wilham, LL.D., Bishop of Bath
and Wells, 104 n. 4, 119, 132 Knollys, Sir F., xviii n. 1 Kydw^ell}% Morgan, A.-G., xviii, xviii n. 12,
6 n. 5 Kyng, John, 45 Kynge, Nicholas, 95 Kyngesbryge, Kyngesbrige, Kyngesbrygge
(Devon), 14-16 Kyngeston (Somerset), 45 Kyngston, Kyngeston, Mary (Lady), 37, 37 n. 2, 39 Kyngeston, Sir William, 37, 37 n. 1, 39 Kyrkeley (Suffolk), 35-37, 37 n. 7 Kytlington (Kidlington, Oxfordshire), 178, 180, 181
Lacy, John, ci Luce, 59, 60 Thomas, 1-3 Lacye, Lacy, W^illiam, Ixxxiii, Ixxxiv Lakwood, Elizabeth, 3 Lamb, Beatrice, xix n. 4 Lambarde, W^illiam, author of the ' Ar- cheion,' etc., x, xii n. 11, xv, xxv, XXV n. 2 Lambert, John, 40 Lambeth (Surrey), 123 n. 1 Lambley, Lamlay, Eichard, 192, 193 Lancaster, Court of the Duchy of, xlviii, xcv Duchy of, 1 Lane, William, merchant of London,
Ixxix n. 3 Langbroke, Eichard, 21, 26-29 Langcockes, a holding in Bradford (Somer- set), 159 Langesord, Henry, 27 Langley (? Herts), xii Johanna, 162 Liuigeley, John, 159, 162
INDEX OF PERSON'S AXD PEACES
231
Lai-Re, SIbilia, 159
Thomasia, 1.H5-137, 159 William, 135-137, 159 Latimer, Hugh, Bishop of Worcester (1535-39), exhorts the Protector Somerset to preside at the Court of Eequests, xvii, xvii n. 4 on the rise of rents, Ivii n. 1 Lauderdale, Lord, cii Layton (for Lupton), Roger, cvi, cxxii n.
166 Leicester, Earl of, Robert Dudley, xviii n. 1 Lemmond, Michael, xxxviii Le Mote Park, Windsor Forest, Ixxxii n. 6 Lewe, John, a bondman of Abbot's Rip- ton, 90 Robert, a bondman of Abbot's Ripton, 90 William, a bondman of Abbot's Ripton, 90 Lewes, David, Master of Requests, cvii, cix, cxx n. 138 John, 173, 175, 177, 181, 184, 185 V. Mayor and Bailiffs of Oxford, Ixxvl, 173-185 Lewys, John, 45 Ley, Peter, 107, 112 Leyke, — , xxxii nn. 1, a Leystofte, Leystoft, Lowestoft (Suffolk),
35-37, 37 n. 6, 38, 39 n. 2, 41 Liclifield, Dean of, Richard Sampson, 3B
n. 2 Lincoln, Bishops of :
William Smyth (1496- 1511), Ixxxiv n.2 John Longland (1521-47), civ-cvi,cviii,
cxv n. 70 William Atwater (1514-21), cix Lincoln, city of, 46, 47
claims Customs of London, Ixxiii Lincoln, Prebendary of, Robert Toneys, 31 n. 3 weavers of, Ixxiii, 46, 47 Lincolnshire, xciv n. 6, cxix n. 118, 50
n. 5, 87 n. 2 Lincoln's Inn, 61 n. 4 Lindhouse (Lyndhurst, Hants), ci Lisle, Viscount, Arthur Planta^enet, 50
n. 5 Litelbadenhill (in Bradford, Somerset), 158 Littleton, Sir Thomas, Justice of C.P.
Iv n. 2, Ixvi Loader, Henry, ci Locke, Matthew, xxxvii, xxxviii London, xxxii n. i, Ixxix, 7-10, 19, 38, 185-187, 194, 200 n. 3, 206-208 Aldersgate Street, 192
London —
Basinghall Street, 194 n. 2 Bassynges Hall, 194, 194 n. 2 Brotherhood of St. Barbara, 29-31 Chamberlain of, 7, 8 Charing Cross, Ixxxiii n. 4 Cheapside, Sh^pesyde, Chepesyde,
Ixxix, 193 Cosin Lane, 206 n. 2 Customs of, Ixxiii, 13 Fleet (Flete) Bridge, 9 Fleet Prison, xlii Fleet Street, xxxiv, xxxv Grayes Inn, 48 Guildhall, Court in the, liii Holborne Bridge, 9 Holbourne, 48 Hospital of St. Catherine by the Tower,
XX v, 203 n. 5 Hospital of St. Mary Rouncival, Ixxxiii,
Ixxxiii n. 4 Lincoln's Tnn, 61 n. 4 Mayor's Court, xcv Middle Temple, 69 n. 4 New Inn, Ixxxiv Northumberland House, Charing Cross.
Ixxxiii n. 4 Port of, 50 n. 5 St. Laurence Lane, 192, 195 Serjeants' Inn, Fleet Street, xxxiv, xxxv Staple at, Ixxiv Stylliard, Steelyard, the, Ixxx, 205, 206,
206 nn. 1, 2, 207, 208 n. 3 Temple Bar, 11, 12, 14 The Bloody Tower, xlv n, 4 Tower of, xii, Ixxxiv Tower Street, 207 Weavers' Company of, Ixxiii n. 8 London, Bishops of :
Thomas Savage (1496-1501), xviii, ciii,
cv, cvi, cviii, ex, 2, 2 n, 4 John Stokesley (1530-39), xiv, cv, cvii,
cix, cxviii n. 105 Edmund Bonner (1539-49 and 1553-59),
ciii, cvi, cix, cxv n. 68 Nicholas Ridley (1550-53), xc, xei London, churches of :
St. Bartholomew's (Bartilmewes), 10
St. Clement Danes, Ixxvii, 11
St. Mary Colehurch, xxxvii
St. Paul's Cathedral, Ixxxii, civ, cvii,
33 n. 2, 190 n. 1 St. Sepulchre's, xxxii n. 1, a, 7 Lonerell, Robert, 163 Longhouse, Le, 153
232
COURT OF REQUESTS
Long Lane (Braflford, Somerset), 126 Long, Lisle, Master of Bequests to the
Protector O. Cromwell, 11 Longe, Henry, 46 n. 1 Lothn Wistoft (Lowestoft, Suffolk), 37 n. 6 Louis XII. of France, Ixxxii n. 6 Lovelinch (Somerset), 102 n. 2 Lovell, Lovel, Sir Thomas, cii-civ, cvi,
cviii, ex, ex n. 9 Lozenge, John, xxx n. 2 Lucas, John, Master of Requests, xc, xci,
cv, cvii, cix, cxvii Lucey, William, 76, 80 Luke, Nicholas, Baron of Exchequer, 88,
88 n. 1, 96, 97 Sir Walter, Justice of the K.B., 88 n. 1 Lupton, Roger, Provost of Eton (1503-34),
ciii-cv, cix, cxiv n. 66 Lyndsey, John, 78 Lyne, Robert, 200 Lynn, staple at, Ixxiv Lynsey, William, 81 Lynton, Sir William, 14 Lystes, Sir Richard, Ivii n. 3 Lytle Ravely (Hunts), 75
Maitland, Professor F. W., Ixxxi Malet, Joan, 131 n. 2
William, 131 n. 2 Mahgnes, Garret de (Gerard Malynes),
xxxviii, xxxviii n. 1 Mallet, Malett, Malet, Michael, 122, 131,
147, 149 Malysson, Malyson, Thomas, 176, 179,
181 Manchester, Earl of, Henry Montagu,
Lord Privy Seal, xlvii, xlvii n. 3, 1 Manwood, Roger, afterwards Justice of
C P., 197, 197 n. 2 Marleborowe, John, 45 Marlow (Bucks), lordship of, Jxxxii n. 6 Marrick (Yorks), 201 n. 4 Marsh, Mr., Keeper of the Lions, ci Marshall, William, Earl of Pembroke,
Ixxxiii n. 6 Marten, Martin, Richard, ciii, cv, cvi, cix,
cxii n. 36 Martyn, Andrew, a bondman of Abbot's Ripton, 90 Edmund, Dean of St. Stephen's, ciii, cv,
cvi, cxiii n. 43 John, a bondman of Abbot's Ripton, 90 John, of St. Ives (Hunts), 75 Richai-d, a bondman of Abbot'^' Ripton.
Martyn, William, 89, 90 Mary I. lii, Ixxxii n. 6, 197 n. 6, 198, 203 n. 5 II. liv.
Queen of Scots, xciv n. 7 Tudor, sister of Henry YIIL, Ixxxii n. 6, 45 n. 1 Mascall, Nicholas, xiii Mason, John, xxxii, xxxiii
Sir John, Master of Requests, xc, xc
n. 4, xci Robert, LL.D., Master of Requests, 1 n 1, cvii, cxxiv n. 181 Matheson, George, 41 Mawdley, —, 64, 64 n. 1 Mawen, John, 137 Maximilian, Emperor, 31 n. 3 Mayeo, Richard, 18
Mayowe, Mayow, Mayoe, Mayo, Richard. Bishop of Hereford (1504-16). cii. ciii, cv, cvi, cviii, cxi n. 23, cxii n. 34 Mayo, William. See Mey Mede, William, 9
Melwaye, Melwey, Robert, 196, 198 Mere, John, 129
Atmere, Robert, 116, 130, 167 Merton, Statute of, lix, lix n. 2 Meryet, Elizabeth, 124 n. 3, 153 n. 13
Sir .John, 124 n. 3 Meryett, Simon de, Ixvii, 124, 124 n. 3 Mey, Meye, Mayo, William, Dean of St. Paul's (1546-53 and 1559-60), civ, cv, cvii, cix, cxx n. 133, 190, 190 n. 1 Micheldever (Hants), 175 n. 4 Middelton, Myddleton, Middleton, Christo- pher, cviii, cxviii n. 113 Richard or Robert, x n. 3, xviii, cii, ciii,
cvi, ex n. 6 Richard, cv
Robert, ciii, cv, cxviii n. 113 Middlesex, 50 n. 5 Jliddleton, Sir Hugh, cii Midelburg (Holland), Ixxiv n. 6 Milborne, William, Chamberlain of Lon- don, 7, 7 n. 5, 8 Milhammys, Mylhammys, Milhamys, Mil- hamis, in Bradford (Somerset), 103, 105, 107, 157, 158 Mill, William, cviii Milverton (Somerset), 102 n. 2 Milward, John, 145 Molyns, Thomas, 130 Montagu, Mountagu. Sir Sidney, Master of Requests, xx n. 3, cvii, cxxiii n. 173
INDEX OF PERSONS AND TLAt'ES
233
Montague. Montacute, Mouiitagewe, John
de, 124. 124 n. 1, 127 Moor, — , xliv n. 5
Moore, More, John, of Columpton, 136, 136 n. 3, 144, 164, 165 Mordaunte, Mordaunt, Sir John, cii, cvi,
cxi n. 25 More, Le, inBradford (Somerset), 157,164 (Herts), Manor Court of, xvi John. See Moor
Sir Thomas, Lord Chancellor (1529-32), Ix n. 5, Ixxxiii n. 8 Morgan, Francis, Serjeant-at-La\v, 69, 69 n. 4, 82 John, Dean of Windsor (1484-96), after- wards Bp. of St. David's (1496- 1504), ciii, cv, cvi, cviii,cxiii n. 40, cxviii n. 110 Morocco, Straits of. Ixxxii n. 6 Morton (Devon), 157
John, Cardinal, Lord Chancellor (1488- 1500), Ixxxvii, Ixxxvii n.5, Ixxxviii Mulsho, John, plaintiff in Star Chamber, Ix n. 5 defendant in other courts, Ixxxviii n. 2 Musard, J., monk of Worcester, Ixii n. 5 Mutford (Suffolk), Half-hundred of, 37
(Suffolk), Manor of, 37 Myddelham, William, 159 Myddlewod, Midyllwood, Roger, 31
V. Abbot of Whitby, 31-33 Myller, — , 146
Naburn (Yorks), 3 n. 5 Nantwiche, The (Cheshire). 191 Nassington, Robert de, Abbot of Ramsey
(1342-49), 88 n. 2, 89 n. 4 Nattris, John, 200 Naunton, Sir Robert, Master of Requests,
cvii, cxxiii n. 174 Navarre, Ixxxiii n. 4 Netheraxe (Somerset), 104 n. 7 Netherdale, Manor of (Yorks), Ixix, 202,
203, 203 n. 2 Netheway, Nethyway, Nethwaye, Neth-
way, William, Ixix, 42, 43, 45 v. Gorge, Ixix, Ixxi, 42 Nethway, Nethwaye, John, 44, 45
Nethwaye, Robert, 44 Nethwaye, Thomas, 44, 45 Netylcombe (Somerset), 150 Nevyle, Nevell, Nevill, Nevil, Sir Thomas,
Ixxxii. civ-cvi, cviii. cxv n. 75 Newcastle, staple at, Ixxiv New Forest (Hants), ci
Newton, Isabel. See Capell Richard, 44 n. 4 Robert, 4, 6, 7 Nikkes, Nickes, Nix, Nykke, Nycks, Hicks, Richard, Bishop of Norwich (1501-36), xviii, ciii, cv, cvi, cxiv n. 54 Norfolk, county of, 41 n. 3
Thomas Howard, third Duke of, 173 n. 4 Thomas Howard, fourth Duke of, xcvi n 3 Normann, William, 138 Norres, William, 179 North, Council of the. 201 n. 7
Northe, Richard, 189-191 Northampton, xii, xiii
Earl of, Henry Howard, Lord Privy Seal, XX n. 6, xlvii, xcvi, xcvi n. 3 Northamptonshire, ci, 11 n. 1, 45 n. 1 Northend, John, 3
Northey, a holding in Bradford (Somer- set), 166 North Petherton (Somerset), 118 n. 1 Northumberland, Duke of. See Dudley, John Earl of, Henry Algernon Percy (sixth earl), 33 n. 5 Norton, John, 144, 162, 167 Norwich, Bishops of :
Richard Nikkes (1501-36), xviii, ciii, cv,
cvi, cxiv n. 54 Thomas Thirleby (1550-54), cvii, cix, cxix n. 132 Norwich Castle, 173 n. 4 Norysse, Elizabeth (af.erwards Ferraour), 173 n. 4 Sir William, 173 n. 4 Novon, John a, 179
O'Brien, Henry, Earl of Thomond, li n. 2
Margaret (afterwards Countess and
Marchioness of Worcester), li n. 2
Old Hurst (Hunts), 73
Olde Court Place, Le, in Bradford
(Somerset). 166 Orcharde. Edith, 160, 161
William, 160, W31 Oseley, Richard, Ixxxiii Oseney, Osney (Oxfordshire), Abbot of,
John Burton, 173 n. 4 Otey, Wylliam, 80 Over (Cheshire), Ivi n. 5 Oxford, 18 n. 4, 173, 175-177, 180, 180 n. 3, 181-184 Bailiffs of. Ixxvii, 173, 175-178, 180, 183-185
234
COUllT OF REQUESTS
Oxford, Castle Mills at, Ixxvi, 173, 178, 180, 181, 184 Circuit, 173 n. 4 Oxford, Colleges of :
Brasenose, x n. 2, xxxvii n. 7, cxiv
n. 57, 173 n. 4 Magdalen, ciii, cvi Oxford, Customs of, Ixxvi, Ixxvii n. 3, 173, 173 n. 3, 182, 183 Earl of, John de Vere, cxviii n. 113 Holywell (Hollowell) Mill, Ixxvi, 180 Mayor of, 173, 173 n. 3, 175, 177, 181,
184 Mayor's Court, Ixxvi, 181 siege of, li n. 2 Oxfordshire, 173 n. 4
Hundred of Powghley, 173 n. 4
Paget, — , 200 n. 2
Sir William (Lord Paget), opposes the Protector Somerset, xvii, xviii Pakefylde, Pakefyld (Suffolk), 35-37, 37
n. 7 Pakey, John, 73 Palgrave, Sir F., ix, ix n. 3, x n. 1, slv.
xlv n. 2, Ixxxv n. 2 Palmes, Palmys, Brian, 3, 3 n. 5 Palmys, Brian, Serjeant-at-Law, 3 n. 5 Parding, Francis, ci
Parkes and Furlonges (Bradford, Somer- set), 105, 106, 111, 142, 146, 149, 166, 167 Parsons, William, xxxvii, xxxviii
John. See Person Patche, Thomas, 45 Paulet, Sir Amias, 104 n. 5
PauUet, Pallet, Sir Hugh, 104 n. 5, 132 William, Earl of Wiltshire and Marquis of Winchester, xxviii, xxviii n. 3 Pell, Pelle, John, 78, 80, 81
Wylliam, 78 Pembroke, Earl of, William Marshall,
Ixxxiii n. 4 Perkins, Parkins, Sir Christopher, Master of Bequests, xx n. 3, cvii, cix, exxi n. 146 Pers, William, 166, 167 Pershore, Abbot of (John Stanewell), Ixii
n. 5 Person, Persons, John, 156
John, vicar of Bradford (Somers3t), 158,
163 Parson, Thomas, 103, 108, 112 Parson, Parsune, Richard, 101, 103, 105, 110, 112, 132, 153
Person, Boger, 156, 158
Pery, Bobert, 117
Peryam, Periam, Sir William, Judge of C. P., xxxiii, xxxiv, xxxiv n. 2, xxxv
Petre, Petres, Sir William, civ, cv, cvii, cxv n. 87, 52
Petyrson, Cornelus, 29
Petyrson v. Fredryk, Ixxii, 29-31
Phelpott, Alice, 153, 154 John, 153, 154
Pickeringe, Sir William, 201 n. 5
Pilkington, James, Bishop of Durham (1561-76), 203 n. 5
Pinchfolles (Berks), manor of, 173 n. 4
Plume, Plome, Eichard, 78, 81
Pluvier, Isaac, a Dutchman, ci
Pole, Sir Richard, ciii, cv, cvi, cix, cxiv n. 56 Thomas, the elder, 177, 179 Thomas, the younger, 179
Pollard, Sir Hugh, Ixxxi, 50, 50 n. 4 Sir Lewis, Justice of C.P., Ixxxi, 50 n. 4
Pollerd, Pollard, Bichard, Ixxxi, 50, 50 n. 5
Polyng, Alice, 16
Pomfret (Yorks), Earls of (Fermour), 173 n. 4
Pontfreit, Pomfret, Pontefract (Yorks), 1, In. 3
Poole, staple at, Ixxiv
Poore, Powre, John, 144
Popham, Sir John, A.-G., xxxvii Chief Justice of England, xl
Portbury (Somerset), 42 n. 2
Porteman, Wilham, afterwards C.J. of Q.B., 104, 104 n. 6, 132
Portroye, Jamys, 45
Portyshed (Somerset), 45
Porye, — , 173 n. 3
Postgate, Elizabeth, 200 Thomas, the elder, 200 Thomas, the younger, 200 Poskett, WiUiam, 200, 201
Pottars' Close, Abbot's Eipton, 84, 85
Powell, Sir Edward, Master of Requests, XX n. 2, cvii, cxxiii n. 178
Powghley, Poughley (Oxfordshire), Hun- dred of, 173 n. 4
Preston-Bowyer (Somerset), 147 n. 5
Privy Seal, the Lord, President of the Court of Requests, ix, x
Prowse, Prouse, Christopher, 49, 53
Pruston Torell (Torrel's-Preston, Somer- set), 147
IXDKX OF PERSONS AND TLAOES
ZOO
Pryck, Richard, a bondman of Abbot's
Ripton, 91 Prycke, John, a bondman of Abbot's
Ripton, 89 Thomas, a bondman of Abbot's Ripton, 91 Puckering, Sir John,Lord Keeper(1592-9r)),
letter from, xxxii, xxxiii, xxxiii n. 2,
Ixxxviii n. 1 Pudsay, Ralph, 5, 6 Pury, Agnes, 151, 152
John, 151, 152 Puttysham, John, 15 Pye, John, 178 Pyrford (Surrey), xciv n. 7
Quene, Queyn, Robert, 80, 86
Radford, John, attorney, 29 Rainshill or Raineshall, Essex, 44 n. 4 Ramsey, Abbey of (Hunts), lix, 73, 74,
74 n. 1, 75, 87, 99 pestilence among the tenantry of the, Ixi Ramsey, Abbots of, Ivii, Ixii, Ixiii, 74, 77,
78, 81, 88 n. 2 Ratcliffe, John, Lord Fitzwalter, Dominus
Senescallus, cvi, cxi n. 21 Raule, Thomas, 156
'William, 158 Raveley (Hunts), 76 Rawlens, Rawlins, Richard, Bishop of St.
David's(1523-S6),ciii,cvi,cx,cxivn.65 Raynold, Robert, 45
Thomas, 45 Read, John, 80 Rede, Reede or Reade, Sir Robert, C.J.
of C.P., x n. 3, cii-civ, evi, cix, ex n. 10 Reede, Sir Richard, civ, cv, cvii, cxvii, 95 Reeves, Sir George, ci Reynolde, Reynoldes, John, 56 Ricards, Thomas (alias Fermour), 173 n. 4 Richard H., King, ix, x, Ixi n. 5, 74 Richard IH., King, xviii n. 1, xxx, xcv, 1
n. 3, 6 n. 5 Protector, 171 Richmond (Surrey), xciv Richmond, Countess of, Margaret Tudor,
Ixii, 66 n. 1 Duke of, Henry Fitzroy, 201 n. 7 Ridon, Rydon, Robert, Clerk of the
Council, ciii, cvi, cxiii n. 47 Robynson, John, 200
Thomas, 200 Robotham, — , imprisoned by Court of
Requests, xUv
Rochester, Bishops of :
EdmundFreake (1572-75), cxvii n. 102,
cxx n. 135 Edmund (Iheast or Gest (?) (1560-71),
civ, cix, cxvii n. 102, cxx n. 135 John Fisher (1504-35), Ixii John Yong (1578-1605), cxvii n. 102,
cxx n. 135 Nicholas Heath (1540-43), civ, cvii,
cxvi n. 90, 98 n. 3 Nicholas Ridley (1547-50), xc n. 3 Richard Fitzjames (1497-1504), xviii, ciii, cv, cvi, eviii, ex, cxiii nn. 39, 150 Thomas Savage (1493-96), x, xviii, ciicvi, cviii, ex n. 3, cxiii n. 49 Rodney, George, ci
Rogar, Roger, Thomas, 64, 67, 82, 99, 101 Roger, John, 93 Roke, Anthony, Ixviii n. 6 Rokebiey, Rokeby, Rowkebye, Ralph, Master of Requests, xix n. 7, cvii, cix, cxx n. 140, 203, 203 n. 5 Rolls, Court of the, xiv, xv n. 9 Rome Acre (Bradford, Somerset), 135 Rompney, near Cardiff, Ixx Romsey, Monastery of, alienates its pro- perty, Ivii n. 3 Rooper, Roper, Jane, Ixxxiii n. 8 Roper, John, Ixxxiii n. 8 Roper, William, Ixxxiii n. 8 Rope, John, 178 Roper, Edmoiid,118
John, of Bradford (Somerset), 130, 143, 144, 147 Roses, Wars of the, xvi, Ixi, 81 Rotherey, William, 7, 10 Rowbay, Gilbert, Clerk of the Council
(temp. Edward I.), xxix Rowe, John, Serjeant-at-Law, 20, 20 n. 2,
21, 51 Rowland, Dr. (Rowland Philips), vicar of
Croydon, civ-cvi, cix, cxv n. 73 Rowlett, Master, Steward of Abbot's Rip- ton, Ixiii, 87 Rowlleys, Mr., 87
Rowncivall (Rouncival) Hospital, Ixxxiii
Rowsewell, John (the younger), son of
William R. (temp. Henry VII.), 138,
154
Rouswell, Rowsehall, Alice, 105, 106,
111, 134, 149, 150 Rowsewill, Anastasia, 138, 165 Rowsewill, John (the elder) (temp. Henry
VI.), 138, 153 Eowswell, Elena, 154
236
rOI'RT OF REQUESTS
Eowswell,Eosewell, John, 110, 121, 128-
130, 132, 142, 143, 146, 147, 149 Eowswell, Richard, 105, 110, 111, 142,
146, 149, 162, 166 Eowswell, Eosewell, Eobert, 121, 129,
182, 165 Eowswell, William, 153, 154 Eoy, William, his satire on Cardinal
Wolsey, Ivi n. 3 Eussell, Francis, Earl of Bedford, xvi, xviii n. 1, Ixxxvii n. 1 Henry, 200
Sir John (Lord Eussell, afterwards Earl of Bedford), Lord Privy Seal, xxvi, xxviii, xxviii n. 5, Ixxi, Ixxxix, xci, 49, 49 n. 11, 51 n. 3, 55, 55 n. 1 Eyder, Benedict, 162, 167 Eyves, Dr. Thomas, Master of Requests Extraordinary, xx n. 3 knighted by Charles I., 1 Master of Eequests, cvii, cxxiv n. 185
S , Sir John, 9
Sadler, John, Master of Eequests to the
Protector 0. Cromwell, li Saint Alban's, xiii, xxvii, Ixvii n. 5
Asaph, St. Assaph, Bishop of (1518-35), Henry Standish, ci >'-cvi, cix, cxv, 79 Barbara, Brotherhood of, 29-31 Sainte Jermyne, St. Jermin, St. Jermine,
Christopher, civ-cvi, cix, cxv n. 77 Saint Ives (Hunts), 75
John. See Seyntjohn Saint John of Jerusalem, Order of : Grand Master of. Sir W. Weston, Ixxxii
n. 6, civ, cv, cvii, cix, cxvi n. 80 Prior of, Sir Thomas Docwra, Ixxxii
n. 3 Prior of. Sir John Kendal, ciii, civ, cvii, cviii Saintleger, Sir John, 96. Sec Seyntjohn,
Sir John Saint Martyn, Thomas, Ixxxii n. 6
Mary Colchurch (London), xxxvii Saint Paul's Cathedral, Deans of :
Eichard Pace (1519-32), Ixxxii, 33 n. 2
William Mey (or Meye) (1546-53 and
1559-60), civ, cvii, cxx n. 133
Saint Stephen's Chapel, Westminster
Palace, ciii, 33 n. 2
Swithun, Winchester, shrine of, 50
n. 5 Thomas of Canterbury, shrine of, 50 n. 5
Salisbury (Sarum), Bishop of, Joh Blythe (1493-99), cii, cvi, cxi n. 20 E., Ixxxi Salmon. See Wilkyn Sampford, Sanford, Hugh, 107, 147, 151 Sampford-Peverel (Devon), 104 n. 5 Sampson, Eichard, Dean of St. Stephen's (1514-16), (afterwards Bishop of Chi- cester, and Coventry and Lichfield), cv-cx, cxv n. 71, cxxii nn. 159, 161, 33, 33 n. 2 Eobert, Ixxxiv Sandwich, staple at, Ixxiv Sark, Ixxxii n. 6. Savage, Thomas, ex, cxiii n. 49
Bishop of Eochester and London. See sub Eochester and London, Bishops of Saven, John, a bondman of Abbot's
Ripton, 90 Sayvil, John, bastard, 1, 2
Saivile, Sir John, 1, 1 n. 3, 2, 3 Scawby (Lincolnshire), xix n. 4 Scole, Tylman, 30, 31 Scote, John, 129, 166 Robert, 165
Skotte, William, 103, 112, 165, 166 Scotland, cii Scotlond, John, 89 Scott, John, 95 Scrope, Sir Eichard, 37 n. 2 Sekeford, Seckford, Sokford, Thomas, Master of Eequests, xix, xx n. 7, civ, cvii, cix, cxvii n. 101 Selby, Henry, Ixxxviii n. 2 Serjeants' Inn, Fleet Street, xxxiv, xxxv Seven, Eichard, 203 n. 2 Sewester, Sewster, John, Ixiii, 72 n. 1, 86,
87, 87 n. 2 Seyntjohn, Agnes (Lady), 69, 69 n. 2 Oliver (afterwards Lord St. John), lix, 66, 66n. 1,67, 69, 71, 72, 77, 79, 82, 84, 85, 88, 96-101 St. John, Sir John (first), 66 n. 1 St. John, Saint John, Sir John (second), Ivii n. 3, lix, Ix, 65, 66 n. 1, 67-72, 75-82, 86, 96-101 St. John, John, 66 n. 1 Shapter, Shaptor, alias Bukler, Butler,
John, 56 Sharp, Henry, 46 Sharpham (Somerset), 104 n. 7 Shedyngton. See Shenyngton Sheene (Surrey\ xii Sheffelde, Sir Eobert, 9, 9 n. 8
INDEX OF PERSONS AND PLACES
23
Sheffekle, Sheffeild, Dr. William, Dean of York (1494-96), cii, cvi, cxi n. 22, cxix n. 124 Shelly, W., cv n. Shenyngton, Richard de, Abbot of Eam-
sey (1349-79), 74, 88 n. 2 Sherborne, Ewen, xxxiv, xlii Shilfe, Le (Bradford, Somerset), 152, 153 Shillingford (Devon), 6 n. 5 Shilston, Sir John, 16 Shirburne, Shireburne, Sherborne, Eobert, Bishop of St. David's (1505-1508) and Chichester (1508-36), ciii, cvi, cix, cxiv n. 58 Sholer, John, 167 Shute, Thomas, 130, 134, 139
Shutes, William, 134, 139 Sidenhani, George, xxviii Sill, Laurence, xxxii n. 1 Simeon, Symeon, Geoffrey, Dean of the King's Chapel, xviii, xxx n. 2, cii, ciii, cv, cvi,cviii,cix, cxi n. 15, cxixn. 125 George, cix, cxx n. 147. See Simeon, Geoffrey Singleton, John, ci Skebowe, John, 166 Slade, Robert, 159 Slye, Thomas, 119, 129, 130 Smale Mede, in Bradford (Somerset), 158 Smith, — , xlii
Smyth, Sir Thomas, Master of Re- quests, XV, xlv n. 4, cvii, cxxiii n. 170 Smyth, Alice, 93
Smyzth v. Elyot, 11-14
Smyzth, William, mercer of London,
11-14 Alys (afterwards Yerman or Jermon),
11-14 John, 93 Richard, 93
Robert, of Turle (Somerset), H 7, 128-130 William, Bailiff of Ripton, 75, 76 William, Bishopof Lincoln (1496-1514), Ixxxiv n. 2 Smythe, Thomas, of London, fletcher, 185
William, of Abbot's Ripton, 89 Sokford, Thomas. See Sekford Somerleyton (Suffolk), 37 n. 2 Somerset, county of, 42 nn. 4, 5, 49 n. 11, 151 n. 4, 153 n. 13 prevalence of Borough-English in, Ixvi n. 5, 104 n. 5, 117 n. 2 Somerset, Duchess of, Margaret Beaufort, 66 n. 1 Duke of, John Beaufort, 66 n. 1
Somerset, Duke of, Edward Seymour, Protector, xvii, xxviii, xxviii n. 1, Iviii, Iviii n. 7, Ixxii, 104 n. 7 Edward, created Marquis of Worcpster,
lin. 2 Sir Charles (afterwards Earl of Worces- ter), ciii, civ, cvi, cix, cxiii n. 51
Somerton (Oxfordshire), 173 n. 4
Southampton, staple at, Ixxiv
Southbroke, William, 45
Southowram (South Owram, Y'orks), 1
Southwark, Court of Requests in, liv the Mint in, 200 n. 3
Sowthewell, Sowthwell, Southwell, Sir Robert, Master of the Rolls, civ, cv, cvii, cix, cxvi n. 85
Spencer, family of, 11 n. 1
Spenser, Master, steward of Ripon, 76
Sporyor, Wyllyam, 45
Stafford, Edward, Duke of Buckingham, 45 n. 1 his tyrannical conduct, Iv, Ixix n. 3 defies the Court of Chancery, Ixix n. 3
Stafford, Edward, Earl of Wilts, cvi
Stalynges, Stallyns, John, 132, 145
Stamford (Lincolnshire), xciv n. 6
Standish, Henry. See St. Asaph
Stanley. See Derby
Stanstild, Nicholas, 3
Star Chamber, x, xi, xxii, xxvii, xxxi, xliv, xlviii, xlix, lii, Iv, Ix n. 5, Ixxiii n. 8, Ixxxvii, xcv, cviii
Steelyard, Merchants of the. Sec London, Stylliard
Stele, William, 8
Steple Gyddyng (Hunts), 74 Morden (Cambs), 86
Stepney, Stepneth, Stephens, his case xxxix, xxxix n. 6
Steven, John, 89
Stevene, Robert, 94
Stokeley, Stocley, Stockley, Stokley, Stokesley, WilHara, Ixiv, 64, 65, 67, 68, 70, 75, 76, 79, 80, 82-85, 93, 95, 99
Stokesley, John, Almoner, Bishop of Lon- don (1530-39), xiv, cv, cvii, cix, cxviii n. 105
Stor, Robert, 200
Storkey, Sterky, Storkye, John, 186, 187
Stourton, Joan, 152, 152 n. 4 Lord, 152 n. 4
Stowe, .John, Abbot of Ramsey (1436-39), 74, 88 n. 2
Stowell. Robert, Esquire, 136, 144,164,165
Stowford, in Bradford (Somerset), 165
238
COURT OF REQUESTS
Stowke, — , 78
Stratfeld Mortimer (Berks), Ixxxii n. 6 ytrowdewater (Gloucestershire), 205 Styles, Family of, of Abbot's Ripton, 81 Stylliard, Steelyard, the. Sec Hanse, also
London, Stylliard Sucklin, Suckling, Sir John, Secretary of
State, cvii, cxxiii n, 177 Suffolk, county of, 37 n. 2, 41 n. 3
the peasants' revolt in (1381), Ixvii n. 4 Sulyard, Suliard, Sir William, civ, cv,
cvii, ex, 43, 43 n. 1 Sutcliff, John, 3 Sutton, Kateryn, 200
Sir Richard, x n. 2, xviii n. 1, ciii, cv,
cvi, cix, cxiv n. 57, 173 n. 4 Robert, 200 Sweden, c Sylke, Wylliam, 73 Symeswurthe, Thomas de, Ixvii, 128
Tame, Wylliam, 80
Tanfeld, Mr., 118
Tanner, Harry, 118
Tatnall, — , xxxviii
Taunton (Somerset), 102 n. 1, 105 n. 5,
117 n. 2, 147 n. 5 Taunton-Deane, Taundeane, Taundene,
manor of, Ixvi, 118, 131 Taverner, Mr., slvii n. 5 Tavestok, Tavystoke, Tavystock, Tavi-
stoke (Devon), 22-29 Tavestok, Tavystoke, Tavystock, Tavi- stoke (Devon) : Abbot of, Richard Banham (1492-1523),
20, 20 n. 1, 21 Church of St. Eustace, 22-27 Thames, Thamyse, the, Ixxxii n. 0, 9 Thedleborow, Margaret, a bondwoman of
Abbot's Ripton, 90 Thetchers, Thatchers, a holding in Brad- ford (Somerset), 138, IfiO Thingden (Northants), inhabitants of, defendants in the Star Chamber, Ix n. 5, Ixxxviii n. 2 Thirlebie, Thirlby, Thirleby, Thomas : Bishop of Westminster (1540-50), Ixxxii, civ, cv, cvii, cix, cxis n. 132, 9S, 98 n.4, 123, 123 n. 1 Bishop of Norwich (1.550-54), cvii, cix,
cxix n. 132 Bishop of Ely (1554 59), 123 n. 1 Tliomas, — , 154 Thomond. Earl of. Henry O'Brien. 11
Thornborowe, John, 104 n. 7 William, 104 n. 7
Thorp Ludenham (Lubenham), (Leicester- shire and Northants), 11, 11 n, 1
Throckmarton, Throkmarton, Throck- morton, Throgmorton, John, Master of Requests, civ, cvii, cix, 197, 197 n, G
Throkmarton, Sir George, 197 n, 6
Tipper, Richard, xxx n. 2
Tolland (Somerset), Manor of, 102 n. 2
Toly, Tolly, Robert, 14-10
Tomkyn, Edmond, 80
Tomkyns, William, 80, 95
Tomson, Henry, 200
Toneys, Tunneys, Robert, 31, 31 n. 3
Totnes (Devon), Court of the Archdeacon of, 16
Towe, Edward, 193, 194
Towneshende, Townesende, Townesend, Sir Roger, civ, cv, cvii, cviii, cxvi n. 83
Tregonwell, Sir John, civ, cv, cvii, cviii, cxvi n. 86
Trewith, — , Ixx n. 4
Tucker, Tukker, Toker, John, 7-10 V. Halle, 7-10
Tunstall, William, ciii, cv, cvi, cxiii n. 45, exxii n. 164
Turbervile, Torbervill, Sir John, ciii, civ, cvi, cxii n. 38
Tumour, R., 44, .54, 54 n. 3, 175 n. 4
Tychemarsh, John, Abbot of Ramsey (1419-34), 88 n. 2
Tycknam (Somerset), 44, 45
Tylcok, Tilcok, Tylkot, William, 176, 179, 181
Ufton Pole (Berks), manor of, Ixxxii n. 6 Universities, Courts of the. Cases from,
heard in the Court of Requests, xxii Upcroft (Somerset), 104 n. 5 Upsall (Yorks), 37 n. 2 Upwood (Hunts), 80 Urswick, Christopher, Dean of York
(1488-94), cxix n. 124 ntrecht. Treaty of (1474), Ixxx Uvedal, Avary, 204 n. 4 Uvedale, Avere, Avery or Alvered, Ixix,
200, 200 n. 4, 202 John. See Woodall v. York, Ixix, 98 n. 5 Vale Royal (Cheshire), Ivi n. 5 Vanhowe, Jacob, 207 Viiiisoilc, Vanso.vle. Hillarius, 205-207
INDEX OF PERSONS AND PLACES
239
Vaughan, Edward, cix, cxix n. 12G Richard, ci
Vavasor, John, Ixxsiv
Veisie, Veysey, Vheysey, Vesy, John, Dean of the King's Chapel, Bishop of Exeter (1519-51 and 1553-54), xxx n. 2. Ixxxiv, ov, cvii, cix, cxviii n. 104, 15 n, 4
Vernon, Henry, 81 n. 1
Vuedale. See Uvedale
Vintshade, Vytshade, John, 163, 154
Wakefeld (Yorks), 1
Wales, 192
Courts of Requests in, liv n, i
Courts of the Marches of, xxii, xlviii, 209
Duke of Buckingham's castle in, Ixix,
n. 3 Marches of, President of the, Ixxxiv, Ixxxiv n. 2, 33 n, 2, 197 n. G
Walgayt, John, 76
Walker, Randulph, 180 William, 200
Waller, Henry, 93
Walmealey, Sir Thomas, Justice of C.P-,
XXXV
Walshman, Welshenian, Juliana, 163, 164
Thomas, 158 Walsingham, Sir Francis, xviii n. 1, xx n- 7
Thomas, chronicler, Ixvii n- 1 Waltham, Abbot of, Ixxxiv Walton (Somerset), manor of, Ixix, 42, 45 Warbeck, Perkin, xii, 4 n. 1 Warburton, Sir Peter, Justice of C.F.,
xliii n. 4 Wardeboys, John, Abbot of Ramsey
(1507-39), Ixii, 88 n. 2, 93 Warham, Wareham, William, Lord Chan- cellor (1503-15) and Archbishop of Canterbury (1504-32), cii-civ, cvi, cix, ex n. 8 Warre, Catherine (n6e Blewett), 118 n. 1 Warr, Joan, Lady (n6e Hody), 117,
117 n. 4, 147 n. 3 Warr, John, steward of the manor of Bradford (Somerset), 105, 111, 121, 131, 131 n. 4, 147, 149, 150, 152 Warr, War, Sir Richard, 117, 118, 129, 130, 143, 144, 146, 147, 147 n. a, 155 Joan (nee Combe), 153 n. 13 Joan (nee Malet), 131 n. 2 John (temp. Henry V. and Henry VL),
153, 153 n. 13, 154-156 Richard, Esquire (temp. Edward IV.), 152 n. 4
Warre. Richard, Esquire, 102, 102 n, 2, 103, 104, 106, 107, 109, 113, 116, 117 n. 5, 119, 120, 122, 128, 130, 131 n. 2, 132, 133, 135, 140-143, 146- 148, 152, 155, 157, 168, 169 Robert, Esquire, 151, 152 n. 4, 153, 156,
158, 160 Thomas, of Hestercombe (Somerset),
102 n. 2, 117 n. 2 la, John (temp. Richard H.), 124 n. 3,
153 n. 13 la, Richard (temp. Richard IT.), 153 n. la Warwick, Countess of, Anne Dudley, xviii n. 1 Earl of, Richard Nevill. 81 n. 1 Warwyck, William. Ixii, Ixv, 80, 93 Wats, John, cix, cxix n. 127 Wattes. John, a bondman of Abbot's Rip- ton, 91 William, 91 Way, alias Atway, Atwey, Alice, 155 Waye. Wey, Henry (Harry), 107, 110, 112, 113, 115, 116, 128-132, 134, 135, 139, 140-143, 145 Webbe, Williams, William, 27-29 Webber, Webbe, Thomas, 110. 128. 130,
142. 146, 147, 149 Weekys. Sec Wikes Welington, in Abbot's Ripton. Sec Wen-
yngton Welles, John, Viscount, ciii, cv, cvi, cix,
cxiii n. 42 Wells (Somerset), xciv n. 7 Wellynglon, Wellington (Ellington,
Hunts), 85 Wenyngton or Wellington, in Abbot's
Ripton (Hunts), 75, 79, 84-86 West, Council of the, Ixxi, 20 n 2, 50, 50 n. 5 John, bondman of Abbot's Ripton, 90 Nicholas, Bishop of Ely (1515-34), Ixxxii n. 6 Westbrook (Berks), 173 n. 4 Westbucham, Westbucklond (Somerset),
104 n. 7, 119 Westminster, xi, xii
Abbot of, John Ishp (1500-32), civ-cvi,
cviii, cxv n. 78 Bishop of, Thomas Thirlby (1540-50), Ixxxii, civ, cv, cvii, cix, cxix n. 132, 98, 123, 123 n. 1 City of. Court of Requests in, liv Palace of, St. Stephen's Chapel, ciii, ev, cvi
240
COURT OF REQUESTS
Weston (Somerset), -45 Weston, Family of, of Abbot's Ripton, 81 Weyston, Sir Richard, Ixxxii n. 6 Edmund, Ixxxii n. 6 Sir Francis, Ixxxii n. 6 Richard, of Abbot's Ripton, 78 Sir William, Grand Master of St. John of Jerusalem, Ixxxii n. G, civ, cv, cvii, cix, cxvi n. 80 Wey, Harry. See Waye Wey, John, 115 Whetston, Master, 193 Whitby, Whytbye (Yorks), 32, 34, 35, 200, 201 Whytby, Whitbye (Yorks), Abbey of, 34,
34 n. 3, 198 Whytby (Yorks), Abbot of, John Hex-
sam or Hexham, 32, 32 n. 1 Whytby (Yorks), Myddlewod v. Abbot
of, 31-33 Strande (Yorks), 198, 199 White, — , xliv n. 5, xlv Thomas (1666), ci Sir Thomas, Lord Mayor of London
(1553), cxvii n. 97, 197 n. 5 Sir Thomas, Master of Requests, civ, cvii, cviii, cxvii n. 97, 197, 197 n.5 White Hall, Le Whight Halle, in the Palace of Westminster, xi, xi n. 3, xii, xiv, XV, xxxii, xxxiv, xl, xlii, Ixxxi, Ixxxiv, cix, 1.5, 54, 61, 71, 76, 80, 104, 175, 176, 190 Whitehall Palace, c, cii Whittyngham, Roger, 46, 47 Whyttyng, Whyting, Wyting, Whitynge, John, 185-189 V. Cooke, 185-189 Whyttyngton, Richard, 180 Wight, Isle of, 1 n. 3 Wikes. — , 209, 209 n. 1 Wilbraham, Sir Roger, Master of Requests,
cvii, cix, cxxi n. 144 Wilcockes, Hug(h)e, 133 Wilkyn, Wilkin, Salmon, 196-198 Williams, David, Master of the Rolls, cviii, cxviii n. 109 WiUiam, John, 17-19, 23-29 Willoughby, Lord (Robert Bertie), ci
de Broke, Lord. See Broke Wilsdon, Hugh, xxxiii Wilson, John, ci
Thomas, LL.D., Master of Requests, xlv n. 4, cvii, cix, cxx n. 136 Wilts, county of, 12,) n. 5
Wiltshire, Earl of, Edward Stafford, cvi,
cxxii n. 163 Wimborne St. Giles (Dorsetshire), xcivn. 9 Winchester, Bishops of :
Robert Home (1561-80), xviii n. 1 Stephen Gardiner (1531-50 and 1553- .56), 117,118,120,129,130 Winchester, city of, xiii Windebank, Sir Francis, Secretary o{.
State, xlvii n. 5 Windesore, Sir Andrew (Lord Windesore),
Ixxxii, Ixxxii n. 5 Windsor, xii, xiii, Ixxxii n. 6 Windsor, Deans of :
Bruno Ryves (1660-7''), ci John Morgan (1484-96), cv, cvi Richard Sampson (1523-36), 33 n. 2 Windsor Forest, Ixxxii n. 6 Windsor, poor knights of, c, ci Winter, Sir John, Master of Requests to
Queen Henrietta Maria, li Winwood, Sir Ralph, Master of Requests,
cvii, cxxiii n. 172 Witlesey, William, Abbot of Ramsey
(1468-73), Ixii, 88 n. 2 Wodkocke, John, 81
Wolcott, Woulcott, Walcott, John, 56, 57 Wolley, John, Master of Requests, xciv,
xciv n. 7 Wolman, Dr. Richard, Dean of Wells
(1530-37), cv-cvi, cviii, cxv n. 72 Wolsey, Wolcye, Thomas Cardinal, Arch- bishop of York (1514-30), Lord Chan- cellor (1515-29), cfcc, cxiv n. 82,29,31 n. 3, 33 n. 2 aims at a popular policy, xi, xiv, Iv almoner to Henry VII., ciii, cv, cvi charged with raising rents, Ixii n. 7 dissolves religious houses, Ixiii establishes the Court of Requests in the Guildhall of London, liii, and in the White Hall at Westminster, xi, xiii, xiv, xii, Ixxxi impoverishes the nobility, liv n. 5 lands of, in Oxfordshire, 173 n. 4 lands of, in Somerset, 117 n. 2 odious to the nobility, xv, liv n. 5 on Sir Andrew Windesore, Ixxxii n. o petitions to, as Chancellor, 14, 15, 29-31 Roy's satire upon, Ivi n. 3 Woodall, alias Uvedale, John, Ixix, 201- 203 William, 192 Woodeale, John, 9 Woodstock (Oxfordshire), xii
INDEX OF PERSONS AND PLACES
241
Woodward, Christofer, 185-187 Worcester, xii, Ixii n. 5 Worcester, Bishops of :
Silvester de Giglis (1499-1521), xxxii
n. 1 Hugh Latimer (1535-39), xvii, xvii
n. 1, Ivii n. 1 Nicholas Heath (1544-51 and 1553-55), cvii, cxvi n. 90, cxxiii n. 169, 98 Worcester, Countess and Marchioness of, Margaret Somerset, li, li n. 2 Marquis of, Edward Somerset, li n. 2 Wormleighton, — , xliv n. 5 Wraxall (Somerset), 42 n. 2 Wriothesley, Thomas, Clerk of the Signet, 197 n. 5 Thomas, afterwards Earl of Southamp- ton, Ixviii n. 6, 175 n. 4 Writtle, Captain Thomas, cii Wyatt, Sir Thomas, Ambassador to Spain,
xc n. 4 Wydeslade, John, 57 Wygon, John, 93 Wykes. See Wikes Wyldcokes, Hugh, 130 Wyllyams, Walter, 45 Wynckffeld, Wynfeld, Thomas, 186, 187 Wyndes, John, 87 Wynwycke, Thomas, 92 Wynyard, John, c
Wyotte, Wyot, Henry, ciii, cvi, cxii n. 35 Wyslond, Abbot's Eipton (Hants), 95
Yong V. North, 189-191
William, 64, 76, 82 York, Archbishops of :
Christopher Bainbrigg (1508-14), 12,
12 n. 2 Thomas Wolsey (1514-30), 14 Nicholas Heath (1555-60), 98 n. 3 William Mey (1560), 191 n. 1 York, Canon of, Robert Toneys (1516-26), 31 n. 3 Castle of, 1 n. 3 Council of, 203 n. 5 York, Deans of :
Robert Bothe (1477-88), cxix n. 124 Christopher Urswick (1488-94), cxix
n. 124 Christopher Baynbrigg (1503-07), cxiv
n. 60, cxix n. 124 James Harrington (1508-12), cxix n.l24 Geoffrey Blythe (1497-1503), xviii, cix,
cxix n. 124 William Sheffelde (1494-96), cii, cxix n. 124 York, House of, Ixxxiv Sir Richard, 200 n. 3 Yorke, city of, 190, 191 Yorke, Anne Lady (nee Smyth), 200, 200
n. 2 Yorke, Yourk, Sir John, liv, Ivii, Ixviii, Ixix, 98 n. 5, 198-200, 200 n. 3, 201-205 n. 1 Yorkshire, county of York, 1, 1 n. 3, 40
Yeatton (Somerset), 45 Yeo, Nicholas, 18, 21 Yerman, Alys. See Smyth Yong, Henry, 189
Yonge, Thomas, 64, 67, 80, 82, 99, 101
Zelandria, 31
Zouch, Edward (Lord) (ob. 1625), Lord Warden of the Cinque Ports, xxii n.2 John (Lord) (ob. 1550), xxvi
243
Sclben Society.
FOUNDED 1887.
To Encourage the Study and Advance the Knowledge of the History of English Law.
ffiiatrons :
HER MAJESTY THE QUEEN.
HIS ROYAL HIGHNESS THE PRINCE OF WALES.
HIS ROYAL HIGHNESS THE DUKE OF YORK.
THE HON. T. F. BAYARD.
IPresiDent :
The Right Honourable The Master of the Rolls.
Dicc=ipresi5ents :
The Hon. Mr. Justice Romer. Sir F. Pollock, Bart.
The Hon. Mr. Justice Bruce. The Hon. Mr. Justice Channell. Sir H. W. Elphinstone, Bart. Mr. C. I. Elton, Q.C. Mr. Chadwyck Healey, Q.C.
Council : Mr. M. Ingle Joyce. Mr. B. G. Lake. Sir H. C. M. Lyte, K.C.B. Mr. a. Stuart Moore. Mr. R. Pennington.
Mr. W. C. Renshaw, Q.C. Mr. S. R. Scargill-Bird. The Hon. Mr. Justice Stirling. The Hon. Mr. Justice Wills.
Xtterarg Director : Professor F. W. Maitland (Downing College, Cambridge).
auditors: Mr. J. W. Clark, Mr. Hubert Hall.
1bOnorari5 Secretary: Mr. B. Fossett lock (n New Square, Lincoln's Inn, London).
•ff30norarg C:rcasurcr : Mr. Francis K. Munton (95A Queen Victoria Street, London).
Annual Subscription .
. ONE GUINEA.*
Persons becoming Members may subscribe for all or any of the preceding years of the Society's existence, and in that case will be entitled to a copy of the publications issued fot each year for which they may subscribe.
Non-members can obtain the Society's publications from
Mr. B. QuARiTCH, 15 Piccadilly, London, W. * In America, ^^'^
244
PUBLICATIONS
llie Volinnes already published are
Vol. I., for 1887. SELECT PLEAS OF THE CROWN. Vol. L, A.D. 1200-1225. Edited, from the RolL preserved in H.M. Public Record Office, by F. W. Maitland, Downing Professor of the Laws of England, Cambridge. With Facsimile. Crown 4to. Price to non-members, iZs.
A selection from the earliest records of English criminal justice. These criminal cases throw much light on the manners and customs of the people ; they illustrate the working of the ordeals of fire and water, and show how a substitute was gradually found in trial by jury. They are mostly cases of felony, but care has been taken to collect whatever throws light on the procedure of the Local Courts, the system of frankpledge, the organisation of counties and boroughs for judicial purposes, &:c., &c.
Vol. IL, for 1888. SELECT PLEAS IN MANORIAL and other SEIGNORIAL COURTS. Vol. I., Henry III. and Edward I. Edited, from the earliest Rolls extant, by Professor F. W. Maitland. Crown 4to. Price to non -members, 28^-.
A selection from the oldest manorial records. These embrace the whole legal life and much of the social life of a mediaeval village ; including land held on villain tenure, services, rights of common, personal actions for debt and trespass, leet and criminal jurisdiction, misdemeanours, the system of local police and frankpledge, trading communities, and the law merchant as administered at a great fair. The selections are from the rolls of the manors of the Abbey of Bee in 13 counties, of the honour of the Abbot of Ramsay in seven counties, his fair of S. Ives, and his manors in Huntingdon, and of other manors in Berks and Wilts.
Vol. III., for 1889. SELECT CIVIL PLEAS. Vol. I., a.d. 1200-1203. Edited, from the Plea Rolls preserved in H.M. Public Record Office, by W. Paley Baildon, F.S.A., of Lincoln's Inn, Barrister- at-law. Crown 4to. Price to non-members, 2%s.
A selection from the earliest records of civil litigation. These consist largely of actions relating to land, either directly, as in the various assises, writs of right and of entry, actions for dower, &c. ; or indirectly, as for feudal services, tolls, franchises, rivers, &c. Others do not concern land. The extracts illustrate the gradual evolution of the different forms of action, both real and personal.
Vol. IV., for 1890. THE COURT BARON : Precedents of Pleading in Manorial and other Local Courts. Edited, from MSS. of the 14th and 15th Centuries, by Professor F, W. Maitlanu and W. Paley Baildon. Crown 410. Price to non-members, 28^.
This volume contains four treatises on the business of Manorial and other Local Courts, with precedents ; and throws light on the procedure and pleading. To these are added some very interesting extracts from the rolls of the Court of the Bishop of Ely at Littleport in the Fens (principally during the reign of Edward 1 1.).
Vol. v., for 1891. THE LEET JURISDICTION in the CITY OF NORWICH. Edited, from the Leet Rolls of the 13th and 14th Centuries in the possession of the Corporation, by the Rev. W. Hudson, M.A. With Map and Facsimile. Crown 4to. Price to non-members, 28^.
This volume deals with medieval municipal life ; the municipal development of a chartered borough with leet jurisdiction, the early working of the frankpledge system ; and generally with the judicial, com- mercial, and social arrangements of one of the largest cities of the kingdom at the close of the 13th century.
Vol. VI., for 1892. SELECT PLEAS of the COURT of ADMIRALTY. Vol. I., a.d. 1390-1404 and A.D. 1527-1545. Edited by Reginald G. Marsden, of the Inner Temple, Barrister-at- law. With Facsimile of the ancient Seal of the Court of Admiralty. Crown 4to. Price to non-members, 28^-.
The business of the High Court of Admiralty was very considerable during the reigns of Henry VIII., of Elizabeth, and of the Stuarts, and played an important part in the development of commercial law. There is in the Records much curious information upon trade, navigation, and shipping, and the claims of the King of England to a lordship over the surrounding seas.
2-15
l^ol. VII., for 1893. The MIRROR of JUSTICES. Edited, from the unique MS. at Corpus Christ College, Cambridge, with a new translation, by W, J. Whi iTAKER, M.A. of Trinity College, Cam bridge, and Professor F. W. Maitland. Crown 410. Price to non-members, 28s.
The old editions of this curious work of the 13th century are corrupt, and in many places un- intelligible.
/ol. VIII., for 1894. SELECT PASSAGES from BRACTON and AZO. Edited by Professor F. W. Maitland. Crown 410. Price to non-members, 2Ss.
This volume contains those portions of Bracton's work in which he follows Azo printed in parallel columns with Azo's text. The use made by Bracton of the works of Bernard of Pavia and the canonist Tancred is also illustrated.
/ol. IX., for 1895. SELECT CASES FROM the CORONERS' ROLLS, A.D. 1265-1413. Edited, from the Rolls preserved in H.M. Public Record Office, by Charles Gross, Ph.D., Assistant Professor of History, Harvard University. Crown 4to. Price to non-members, 28s.
The functions of the coroner were more important in this period than in modern times. The volume supplies interesting information on the history of the office of coroner, on the early develop- ment of the jury, on the jurisdiction of the hundred and county courts, on the collective responsibilities of neighbouring townships, on proof of Englishry, and on the first beginnings of elective representation.
/ol. X., for 1896. SELECT CASES in CHANCERY, A.D. 1364-1471. Edited, from the Rolls preserved in H.M. Public Record Office, by W. Paley Baildon, F.S.A. Crown 4to. Price to non-members, 28s. These valuable records, of which few have hitherto been printed, throw new light on the connexion of the Chancery with the Council, and the gradual separation of the two ; on the early jurisdiction of the Chancery, its forms and procedure, and on the development of the principles of Equity. Very early cases illustrate the practice in the bill, appearance, answer, discovery, injunctions, &c., and the principles upon which the Court dealt with the execution of uses or trusts, fraud, mortgages, partition, specific performance, wards, wills, &c., *S:c. The Court also dealt with mercantile matters, especially at the suit of aliens.
lol XL, for 1897. SELECT PLEAS OF the COURT of ADMIRALTY. Vol. II., a.d. 1547 1602. Edited by Reginald G. Marsden, of the Inner Temple, Barrister-at-Law. Crown 410. Price to non-members, 28^-.
This volume is in continuation of Vol. VI., and covers the reigns of Edward VI., Mary, and Elizabeth : the period of the greatest importance of the Admiralty Court, and of its most distinguished judges. Dr. David Lewes and Sir Julius Caesar. It also illustrates the foreign policy of Elizabeth, the Armada, and other matters and documents of general historical interest, including a policy of insurance of 1548. There is a summary of all the cases dealt with in the period. The introduction treats of the Court from the 14th to the 18th century, with references to some State Papers not hitherto printed or calendared.
/ol. XII., for 1898. Select Cases in the Court of Requests, a.d. 1497-1569. Edited, from the Rolls preserved in H.M. Public Record Office, by I. S. Leadam, of Lincoln's Inn, Barrister-at-Law. Crown 4to. Price to non- members, 28^^.
The origin and history of this Court have not hitherto been fully investigated. Established by Henry VII. under the Lord Privy Seal, as a Court of Poor Men's Causes, and developed by Cardinal Wolsey, its valuable records illustrate forcibly the struggle between the Council and the Common Law Courts ; the development of equity procedure and principle outside the Chancery ; the social effect of the dissolution of the monasteries and the raising of rents ; the tenure of land ; the rights of copyholders ; the power of guilds ; and many other matters of legal and social interest. The introduction covers the whole history of the Court to its gradual extinction under the Commonwealth and Restoration.
;n 01
T/ie Vohwies in coui'se of preparation are ol. XIII., for 1899 (in the press). Select Pleas of the Forest, edited by G. J. Turner.
The Forest Plea Rolls* are very interesting and little known. They begin as early as the rei King John, and consist of perambulations, claims, presentments and other proceedmgs (such as trials for poaching and trespass on the Forest) before the Justices in Eyre of the Forest.
* For fuilher iiifoiniatioti on these Records, see the valuable and learned "Guide to the Principal Classes of Documents preserved in the Public Record Office," by S. R. Scakgill-Bikd, F.S.A. (Londun ; Eyre & Spottiswoode, i8gi.)
24()
The follozving are among the Works contemplated for ftUiLre volumes: Vol. . Memoranda of the Court of Exchequer, a.d. 1199-1272.
The Rolls* of the King's Remembrancer and of the Lord Treasurer's Remembrancer throw the fullest light both upon the curious and intricate system of accounting at the Royal Exchequer and the far-reaching jurisdiction of the Court, together with its relation to the Chancery and the Courts of Common Law.^ They deal with matters of great constitutional importance.
Vol. . Selections from the Plea Rolls* of the Jewish Exchequer, a.d. 1244-1272,
These Rolls illustrate a department of the history of English law which is at present very dark. The Justiciarii Judfeorum, who had the status of Barons of the Exchequer, exercised jurisdiction in ail affairs relating to the Jewish community, namely, in the accounts of the revenue, in pleas upon contracts made between Jews and Christians, and in causes or questions touching their land or goods, or their tallages, fines, and forfeitures.
Vol. . Select Pleas of the Court of Star Chamber. Henry VII. and Henry VIII.
The Records* of this Court consist of Bills, Answers, Depositions, and other proceedings. They are of great importance as illustrating both public and private history. None of the Orders or Decrees are known to exist. In the Report of a Committee of the House of Lords made in 1719, it is stated that " the last notice of them that could be got was that they were in a house in St. Bartholomew's Close, London."
Vol. . Select Pleas in Manorial and other Seignorial Courts, Vol. II. Vol. . Select Civil Pleas, Vol. II.
Vol. . Conveyancing Precedents of the Thirteenth Century.
There are several interesting sets hitherto unprinted. The mercantile transactions are very curious.
Vol. . The History of the Register of Original Writs : The reign of Henry III. The reign of Edward I. The reign of Edward III. The Fifteenth Century.
♦ For further information on these Records, see the valuable and learned " Guide to the Principal Classes of Documents preserved in the Public Record Office," by S. R. Scargill-Bird, F.S.A. (London : Eyre & Spottiswoode, 1891.)
The Society has also contemplated the collection of materials for an ANGLO-FRENCH DIC- TIONARY, for which practical instructions have been kindly drawn up by Professor Skeat. The Council will be glad to receive offers of help in this collection with a view to future publication.
The Council will be grateful for any information upon the contents and custody of any MSS. which may be of sufficient interest to be dealt with by the Society.
All communications may be addressed to the Honorary Secretary,
Mr. B. FOSSETT LOCK, 11 New Square, Lincoln's Inn, London, W.C.
Subscriptions should be paid, and Applications for Forms of Membership or Bankers' Orders and communications as to the issue of the publications should be made to the Honorary Treasurer
Mr. FRANCIS K. MUNTON, 95a Queen Victoria Street, London, B.C.
or, in the United States of America, to the Local Honorary Secretary and Treasurer,
Mr. RICHARD W. HALE, 10 Tremont Street, Boston, Massachusetts.
July 1S98.
Selben Society
FOUNDED 1887.
RULES.
1. The Society shall be called the Selden Society.
2. The object of the Society shall be to encourage the study and advance the knowledge of the history of English Law, especially by the publication of original documents and the reprinting or editing of works of sufficient rarity or importance.
3. Membership of the Society shall be constituted by payment of the annual subscription, or in the case of life members, of the composition. Form of application is given at the foot.
4. The annual subscription shall be £1. Is., payable in advance on or before the 1st of January in every year. A composition of £21 shall con- stitute life membership from the date of the composition, and in the case of Libraries, Societies, and corporate bodies, membership for 30 years.
5. The management of the aflfairs and funds of the Society shall be vested in a President, two Vice-Presidents, and a Council consisting of fifteen members, in addition to the ex officio members. The President, the two Vice-Presidents, the Literary Director, the Secretary, and the Hon. Treasurer shall be ex officio members. Three shall form a quorum.
6. The President, Vice-Presidents, and Members of the Council shall be elected for three years. At every Annual General Meeting such one of the President and Vice-Presidents as has, and such five members of the Council as have served longest without re-election, shall retire. For the purpose of this rule the existing President shall be deemed to have been elected for three years from March 1895, one Vice-President from March 1896, andjlie other Vice-President from March 1897.
7. The five vacancies in the Council shall be filled up at the j\nnual General Meeting in and after the year 1896 in the following manner : (a) Any two Members of the Society may nominate for election any other member by a writing signed by them and the nominated member, and sent to the Hon. Secretary on or before the 14th of February, {b) Not less than fourteen days before the Annual General Meeting the Council shall nominate for election five members of the Society, (c) No person shall be eligible
248
for election on the Council unless nominated under this Eule. (tZ) Any candidate may withdraw, (e) The names of the persons nominated shall be printed in the notice convening the Annual General Meeting. (/) If the persons nominated, and whose nomination shall not have been withdra"v\m, are not more than five, they shall at the Annual General Meeting be declared to have been elected, (g) If the persons nominated, and whose nomination shall not have been withdrawn, shall be more than five, an election shall take place by ballot as follows : every member of the Society present at the Meeting shall be entitled to vote by writing the names of not more than five of the candidates on a piece of paper and delivering it to the Hon. Secretary or his Deputy, at such meeting, and the five candidates who shall have a majority of votes shall be declared elected. In case of equality the Chairman of the Meeting shall have a second or casting vote. The vacancy in the office of President or Vice-President shall be filled in the same manner {mutatis mutandis).
8. The Council may fill casual vacancies in the Council or in the ofiScea of President and Vice-President. Persons so appointed shall hold office so long as those in whose place they shall be appointed would have held office. The Council shall also have power to appoint Honorary Members of the Society.
9. The Council shall meet at least twice a year, and not less than seven days' notice of any meeting shall be sent by post to every member of the Council.
10. There shall be a Literary Director to be appointed and removable by the Council. The Council may make any arrangement for remunerating the Literary Director which they may think reasonable.
11. It shall be the duty of the Literary Director (but always subject to the control of the Council) to supervise the editing of the publications of the Society, to suggest suitable editors, and generally to advise the Council with respect to carrying the objects of the Society into ellect.
12. Each member shall be entitled to one copy of every work published by the Society as for any year of his membership. No person other than an Honorary Member shall receive any such work until his subscription for the year as for which the same shall be published shall have been paid.
13. The Council shall appoint an Hon. Secretary and also an Hon. Treasurer and such other Officers as they from time to time think fit, and shall from time to time define their respective duties.
14. The funds of the Society, including the vouchers or securities for any investinents, shall be kept at a Bank, to be selected by the Council, to an account in the name of the Society. Such funds or investments shall only be dealt with by a cheque or other authority signed by the Treasurer and countersigned by one of the Vice-Presidents or such other person as the Council may from time to time appoint.
2i9
15. The accounts of the receipts and expenditure of the Society up to the 31st of December in each year shall be audited once a year by two Auditors, to be appointed by the Society, and the report of the Auditors, with an abstract of the accounts, shall be circulated together with the notice convening the Annual Meeting.
16. An Annual General Meeting of the Society shall be held in March 1896, and thereafter in the month of March in each year. The Council may upon their own resolution and shall on the request in writing of not less than ten members call a Special General Meeting. Seven days' notice at least, specifying the object of the meeting and the time and place at which it is to be held, shall be posted to every member resident in the United Kingdom at his last known address. No member shall vote at any General Meeting whose subscription is in arrear.
17. The Hon. Secretary shall keep a Minute Book wherein shall be entered a record of the transactions, as well at Meetings of the Council as at General Meetings of the Society.
18. These rules may upon proper notice be repealed, added to, or modified from time to time at any meeting of the Society. But such repeal, addition, or modification, if not unanimously agreed to, shall require the vote ^i not less than two-thirds of the members present and voting at such meeting.
March 1897.
FOEM OF APPLICATION FOR MEMBERSHIP.
To Mr, Feancis E. Munton, 95a Queen Victoria Street, London, E.C.,
Honorary Treasurer of the Seidell Society. 1 desire to become a member of the Society, and herewith send my cheque for One Guinea, the annual subscription [or £21 the life contribu- tion] dating from the commencement of the present year. [I also desire to subscribe for the preceding years > and I add
one guinea for each to my cheque,]
Name
Address
Descri/pt'ion
Date
[Note.— Cheques, crossed " Robaets & Co., a/c of the Selden Society," should be made payable to the Honorary Treasurer, from whom forms of bankers' orders for payment of subscriptions direct to the Society's banking account can be obtained,]
LIST OF MEMBERS. 1897.
(* denotes Life Mevibers ; f Members of the Council.)
UNITED KINGDOM.
Alsop, J. W. Anson, Sir W, R., Bart. Atkinson, J. T. Attlee, Henry
Baildon, W. Paley
BiRKETT, P.
Blakesley, G. H. Bond, Edward, M.P. Bond, Henry Brace, L. J. K. Braithwaite, J. B. Brice, Seward, Q.C. Browne, G. F. tBRUCE, The Hon. Mr. Justice Brunel, I. Buckley, H. B., Q.C. Byrne, The Hon. Mr, Justice
Campbell, R. Carpenter, E. H. Carter, A. T. Chadwick, S. J. tCHANNELL, The Hon. Mr. Justice Charles, Sir Arthur Chitty, The Right Hon. Lord Justice Clark, J. W. Cohen, A., Q.C.
COLVILLE, H. K.
*Connaught, H.R.H. The Duke of Cook, C. A.
CooLiDGE, Rev. W. A. B. Cornish, J. E.
Couch, The Right Hon. Sir R. Cozens-Hardy, H. H., Q.C, M.P. Crackanthorpe, M. H., Q.C. Cracroft, R. W. Crewe, W. 0.
16 Bidston Road, Birkenhead, All Souls College, Oxford. Selby, Yorks. 10 Billiter Street, E.C,
5 Stone Buildings, Lincoln's Inn, W.C,
4 IJncoln's Inn Fields, W.C.
13 Old Square, Lincoln's Inn, W.C. Elm Bank, Thurlow Rd., Hampstead, N.W, Trinity Hall, Cambridge, c/o Lloyd's Bank, 16 St. James Street, W. 312 Camden Road, N.
5 New Court, Carey Street, W.C, 151 Cannon Street, E.C,
Royal Courts of Justice, W.C.
15 Levonsnire Terrace, Hyde Park, W, 18 Old Square, Lincoln's Inn, W.C, Royal Courts of Justice, W.C.
5 New Court, Carey Street, W.C.
Bank Chambers, Corn Street, Bristol,
Christ Church, Oxford.
Church Street, Dewsbury.
Royal Courts of Justice, W.C.
Chelsea Embankment, S.W,
Royal Courts of Justice, W.C.
Board of Agriculture, St. James' Sq., S.W.
26 Great Cumberland Place, W,
Bellaport Hall, Market Drayton.
Buckingham Palace, S.W.
108 Park Street, W.
Magdalen College, Oxford.
16 St. Ami's Square, Manchester. 25 Linden Gardens, W.
7 New Square, Lincoln's Inn, AV.C. 1 New Square, Lincoln's Inn, W.C. 12 King's Bench Walk, Temple, E.C. Central Bdgs., North John Street, L'pool.
Cross, W. C. H. cunliffe, r.
CURREY, C. H.
Cutler, J., Q.C.
Danckwerts, AV. Davey, The Eight Hon. Lord Dees, R. R.
*Derby, The Right Hon. the Earl of Dicey, A. V., Q.C. Donnithorne, Nicholas
Bank Chambers, Corn Street, Bristol. 43 Chancery Lane, W.C. 14 Great George Street,Westminster, S.'.V. 4 New Square, Lincoln's Inn, W.C.
7 New Court, Carey Street, W.C 10 Queen's Gate Gardens. S.W. Wallsend, Newcastle-on-Tyne. Derby House, St. James's Square, S.W. The Orchard, Banbury Road, Oxford. Fareham, Hants.
tELPHiNSTONE, Sir Howard AV., Bart. Elton, C. I., Q.C. Evans, A. J. Evans, Sir John
Farwell, G., Q.C. Fisher, H. A. L. Ford, J. Rawlinson I'ry, The Right Hon. Sir E.
2 Stone Buildings, Lincoln's Inn, AV.C.
33 Chancery Lane, AA^C.
Christ's College, Cambridge.
Nash MiUs, Hemel Hempstead, Herts.
10 Old Sqiiare, Lincoln's Inn, AV.C. New College, Oxford. 61 Albion Street, Leeds. Failand, near Bristol.
Galpin, H. F. •GiFFAED, Henry A., Q.C. Grantham, The Hon. Mr. Justic Gray, AV. H. Gray-Hill, J. E. Gruchy, AA\ L. de
Hadfield. G. Hall, Hubert Halliday, J. Harris, D. J;. Harris, AV. J. Harrison & Sons Healey, C. E. H. Chadwyck, Q.C. •Heap, Ralph
HOLLAMS, J.
Hudson, Rev. AV. HUMFRYS, AA^ J. Hunter, John Hutchins, F. L,
4 George Street, Oxford.
9 Old Square, Lincoln's Inn, AV.C.
Royal Courts of Justice, AA'.C.
Ormond House, Great Trinity Lane, E.C.
Liverpool.
12 Highbury Mansions, N.
20 St. Ann's Square, Manchester. Pubhc Record OtKce, Chancery Lane.AV.C.
5 Holland Park, AV. Downing College, Cambridge. Sittingbourne, Kent.
5 J Pall Mall.
7 New Square, Lincoln's Inn, AA^C.
I Brick Court, Temple. 30 Mincing Lane, E.C.
15 Hartfield Square, Eastbourne.
Hereford.
9 New Square, Lincoln's Inn, AV.C.
II Birchin Lane, E.C.
Jackson, C. S. Jelf, a. E., Q.C. Jenkyns, Sir Henry, K.C.B. Jeune, The Right Hon. Sir Francis H. tJoYCE, M. Ingle
Kay, The Eight Hon. Lord Justice Kekeavich, The Hun. Mr. Justice King, H. C.
15 Old Square, Lincoln's Inn, AA^C. 9 King's Bench AA^alk, Temple, E.C.
3 AVhitehall Gardens, S.AV. 37 AA'impole Street, AV.
4 Stone Buildings, Lincoln's Inn, AV.C.
Royal Courts of Justice, AV.C. Royal Courts of Justice, AV.C. 17 Serjeants' Inn, Fleet Street, E.C.
253
tLAKE, E. G.
Latham, W., Q.C. Lawrknce, p. O., Q.C. Lewis, Frank B. Lewis, His Honour Judn;( fLiNDLEY, The Kight Hon. LiNPSAY, W. A.
Lister, J. fLocK, B. Fossefct
LusHiNGTON, His Honour ILyte, Sir H. C. Maxwell
10 New Square, Lincoln's Lm, W.C.
11 New Square, Lmcoln's Inn, W.C. 4 New Court, Lincoln's Inn, W.C. 11 Old Jewry Chambers, E.C.
3 Llandrindod, Radnorshire.
Sir N., M.R. Royal Com-ts of Justice, W.C.
College of Arms, Queen Victoria Street, E.C.
Shelden Hall, near Halifax.
11 New Square, Lincoln's Inn, W.C. Judge Vernon Pyports, Cobham, Surrey.
Public Record Office, Chancery Lane,W.C,
Macnaghten, The Right Hon.
fMAITLAND, F. AV.
Markham, Christopher
Marsden, R. G.
Martin, C. Trice
Matthews, J. B.
Mears, T. L. t Moore, A. Stuart
Moulton, J. Fletcher, Q.C. tMUNTON, F. K.
Nash, E. Neilson, G. North, The Hon. Norton, H. T.
Mr. Justice
Lord 179 Queen's Gate, S.W.
Downing College, Cambridge.
Sedgebrook, Northampton.
G New Court, Carey Street, W.C.
Public Record Office, Chancery Lane,W.C.
G Sansome Place, Worcester.
9 King's Bench Walk, Temple, E.C.
G King's Bench Walk, Temple, E.C.
11 King's Bench Walk, Temple, E.C.
95a Queen Victoria Street, E.G.
2 Stone Buildings, Lincoln's Inn, W.C. 34 Granby Terrace, Glasgow. Royal Courts of -Justice, W.C. 57^ Old Broad Street, E.C.
Oxford, The Rt. Rev. the Lord Bishop of Cuddesdon Palace, Oxford.
Palmer, F. Danby Parker, Kenyon C. S. Parker, R. J.
tPENNINGTON, R.
Poland, Sir H. B., Q.C. Pollock, The Hon. Mr. Baron fPoLLOcK, Sir F., Bart. PooRE, Major R. Priest, F. J.
Privy Purse, The Keeper of H.M.'s Peothero, G. W.
Radford, G. H.
Raikes, F. W., Q.C. tRKNSHAW, W. C, Q.C.
Ridley, The Hon. Mr. Justice
RiGBY, The Right Hon. Lord Justice
RiGG, J. M. tRoMEE, The Hon. Mr. Justice
Ross, Dr. J. Carne
RoYCE, Rev. David
Great Yarmouth.
13 Old Square, Lincoln's Inn, W.C.
9 Stone Buildings, Lincoln's Inn, W.C.
G4 Lincoln's Inn Fields, W.C.
5 Paper Buildings, Temple, E.C.
Royal Courts of Justice, W^C.
13 Old Square, Lincoln's Inn, W.C.
1 Carlyle Gdns., Cheyne Row, Chelsea,S. W. 1G3 Canning Street, Liverpool. Buckingham Palace, S.W.
2 Eton Terrace, Edinburgh.
40 Chancery Lane, W.C.
7 King's Bench Walk, Temple, E.C. 5 Stone Buildings, Lincoln's Inn, W.C. 48 Lennox Gardens, S.W. Royal Courts of Justice, W.C. 9 New Square, Lincoln's Inn, W.C. Royal Courts of Justice, W.C. Parsonage Nook, Whittington, Manchester. Nether Swill Vicarage, Stow-on-the-Wold.
Russell of KiLLOWEN.TheRt.Hon.Lord Royal Courts of Justice, W.C. Russell, C. A., Q.C. 2 Harcourt Buildings, Temple, E.C.
Eye. W. 16 Golden Square, W.
254
Salisbury, The Rt. Hon.
fScARGILL-BlRD, S. E.
Seebohm, F. Shadwkll, C. L. Sharp, J. E. E. S. Slatter, Rev. J. Stephens, H. C, M.P, Stevens, T. M. Stevens & Haynes fSTiRLiNG, The Hon. Mr. Stirling, Hugh Sweet, Charles
Thornely, J. L. Thornton, C. Threlfall, Henry S. Turner, G. J. Turton, E. B.
the Marquis of 20 Arhngton Street, W.
Public Eecord Office, Chancery Lane,W.C. Hitchin Bank, Hitchin. c/o Messrs. James Parker, Oxford. Public Eecord Office, Chancery Lane, W.C. Whitchurch Rectory, Reading. Avenue House, Finchley, N.
I Garden Court, Temple, E.C. Bell Yard, Temple Bar, W.C.
Justice Eoyal Courts of Justice, W.C.
II Birchin Lane, E.C.
10 Old Square, Lincoln's Inn, W.C.
5 Fenchurch Street, Liverpool.
41 Manchester Road, Nelson, Lane.
12 London Street, Southport.
14 Old Square, Lincoln's Inn, W.C.
Killdale Hall, Grosmont, Yorks.
*Walker, J. Douglas, Q.C.
Wall, C. Y.
Waller, W. Chapman
Wallis, J. P.
Walters, W. M.
Warrington, T. R., Q.C.
Watney, J.
Webster, Sir R. E., A.G., M.P. *Welby, Edward M. E.
fWESTLAKE, J., Q.C.
Whitaker, F.
IWhite, His Honour Judge Meadows Whittuck, E. a.
WiGHTMAN, A.
Williams, T. Cyprian Williams, T. W. tWiLLS, The Hon. Mr. Justice Wills, W. Wilson, J. C. Woods, Grosvenor, Q.C.
4 Brick Court, Temple, E.C.
New Exchange Buildings, Durham.
Loughton, Essex.
1 Harcoiuft Buildings, Temple, E.C. 9 New Square, Lincoln's Inn, W.C.
6 New Court, Carey Street, W.C. Mercers' Hall, E.C.
2 Pump Coiirt, Temple, E.C. Norton House, Norton, Sheffield. River House, Chelsea Embankment, S.W Duchy of Lancaster Office. W.C.
42 Sussex Gardens, W.
77 South Audley Street, W.
Bank Chambers, George Street, Sheffield.
7 Stone Buildings, Lincoln's Inn, W.C. Bank Chambers, Corn Street, Bristol. Royal Courts of Justice, W.C.
4 Paper Buildings, Temple, E.C.
Shelwood House, Oxford.
9 Old Square, Lincoln's Inn, W.C.
SOCIETIES, LIBRARIES, &c.
Birmingham :
Central Free Library Cambridge :
Trinity Hall. Dublin :
King's Inn Glasgow :
Faculty of Procurators
Mitchell Library Liverpool
Free Public Library.
Incorporated Law Society
Tate Library
Eatcliff Place.
88 St. Vincent Street. 21 Miller Street.
13 Union Court. University College.
255
London :
Guildhall Library
Gladstone Library
Gray's Inn.
Incorporated Law Society
Inner Temple.
Lincoln's Inn.
London Library
Middle Temple.
Public Record Office
SioN College
Society of Antiquaries
Guildhall.
National Lib. Club, Whitehall Place, S.W.
Chancery Lane, W.C.
14 St. James's Square, S.W.
c/o Eyre & Spottiswoode, Gt. New St., E.G. Victoria Embankment, E.C. Burlington House, W. Treasury (Parliamentary Counsel) c/o Eyre & Spottiswoode, Gt. New St., E.C. Manchester :
Free Eeference Library King Street.
Manchester Law Library Kennedy Street.
Newcastle-on-Tyne :
Literary and Philosophical Society. Oxford :
All Souls College.
COLONIAL AND FOREIGN
DENMARK :
Copenhagen Royal Library DOMINION OF CANADA:
Armour, Hon. Chief Justice
Proudfoot, W.
c/o Sampson Low & Co., Fetter Lane, E.C.
Cobourg, Ontario.
3 Queen's Park, Toronto.
Law Society of Upper Canada
Library of Parliament, Ottawa
University of Toronto FRANCE :
Tardiff, E. T.
Bibliotheque Nationale GERMANY :
HtJBNER, Professor
Berlin Royal Library INDIA :
Nichols, G. J., Cawnpore QUEENSLAND:
* Griffith, Sir W. SOUTH AFRICA :
* Finnemore, Mr. Justice SYvITZERLAND :
Universitats-Bibliothek TASMANIA :
Tenison, C. M. UNITED STATES OF AMERICA:
California :
San Francisco Law Library
District of Columbia:
* Fuller, Hon. M. W.
* Gray, Hon. Horace
c/o Stevens & Haynes, 13 Bell Yard, W.C. e/o E. G. AUen, 28 Henrietta St., W.C. c/o E. G. Allen, 28 Henrietta St., W.C.
28 Rue du Cherche-midi, Paris. Paris.
c/o W. Muller, 1 Star Yard, Carey Street, c/o Asher & Co., 13 Bedford Street, W.C.
c/o Grindlay & Co., Parliament St., S.W.
Brisbane.
Supreme Court, Pietermaritzburg, Natal.
Basel.
Hobart.
San Francisco.
Washington. Washington.
256
Connecticut :
Connecticut State Library Hartford.
Iowa:
State University.
Iowa City.
Maryland :
The Baltimore Bar Library Baltimore, The Johns Hopkins University Baltimore.
Massachusetts :
* Abbot, E. H. Adams, Walter
* Ames, Professor James B. Beale, Professor J. H. BictElow, Professor M. M. Brandes, Dunbar & Nutter Gray', Professor J. C. Hale, Richard W.
Hill, A. D. Holmes, l^on. W. Hudson, J. E. Leveritt, George V. Thayer, Professor James B.
Boston Unfversity Boston Athen^um Boston Public Library ] Harvard CollectE Library] * Harvard Law School Social Law Library
50 State Street, Room 81, Boston.
S. Framingliam.
Law School, Cambridge.
13 Chamicy Street, Cambridge.
209 Washington Street, Boston.
220 Devonshire Street, Boston.
6 State Street, Boston.
10 Tremont Street, Boston.
53 State Street, Room 1033, Boston.
Court House, Boston.
125 Milk Street, Boston.
53 Devonshire Street, Boston.
5 PhiUips Place, Cambridge.
19 Somerset Street, Boston.
8 Beacon Street, Boston.
CO Kegan Paul & Co., Paternoster House,
Charing Cross Road, W.C. Cambridge. Court House, Boston.
Minnesota :
Young, Hon. G. B.
The Minneapolis Bar Assoc.
24 GilfiUan Block, St. Paul. Temple Court, Minneapolis.
New Jersey :
Princeton University
Princeton.
New York:
Abbott, E. A. Bacon, Theodore Brainerd, C. Davies, J. T. DiVEN, George M. GULICK, J. C. Hand, Learned Keeker, Professor W. A. Kenneson, T. D. LoEWY, Benno Milburn, J. G.. Buffalo Starbuck, Henry P.
55 William Street, New York City.
Rochester.
47 Cedar Street, New York City.
58 WiUiam Street, New York City.
212 E. Water Street, Elmira.
132 Nassau Street, New York City.
224 State Street, Albany.
Columbia College, Sch. of Law, N.Y. City.
11 WiUiam Street, New York City.
206 Broadway, New York City.
c/oB. F. Stevens. 4 Trafalgar Square, W.C.
Columbia College, New York City.
257
New Yoek (continued) :
Strong, C. E. 36 Wall Street, New York City.
Cornell University Library c/o E. G. Allen, 28 Henrietta Street, W.C,
Long Island Historical Soc. c/o B. F. Stevens, 4 Trafalgar Square, W.C.
New York Bar Association c/o Boston Book Co., Boston, Mass.
New York Public Library c/o B. F. Stevens, 4 Trafalgar Square,W.C.
Ohio:
Cincinnati Law Library c/o W. A. Anderson & Co., 22 Main Street,
Cincinnati. Law School, Cincinnati Coll. Cincinnati.
Pennsylvania :
BiSPHAM, G. T. 1805 De Lancey Place, Philadelphia.
*Gest, John M. 400 Chestnut Street, Philadelphia.
Simpson, Alexander, Jr. 1,335 Arch Street, Philadelphia.
Bryn Mawr College Library c/oY.J. Pentland,38 WestSmithfield,E.C.
Law Assoc, of Philadelphia Philadelphia.
Library Co. of Philadelphia c/o E. G. Allen, 28 Henrietta St., W.C.
Vermont :
Taft, The Hon. E. S. Willston.
Washington :
Shepard, Charles J. Bailey Building, Seattle.
Wisconsin :
State Historical Society c/o H. Sotheran & Co., 140 Strand, W.C.
LOCAL SECRETARIES AND CORRESPONDENTS.
UNITED STATES OF AMERICA :
LOCAL SECRETARY AND TREASURER: RICHAED W. HALE 10 Tremont Street, Boston, Massachusetts.
CORRESPONDENTS : Illinois :
JOHN HENRY WIGMORE 710 Masonic Temple, Chicago.
Michigan :
THOMAS SPENCER JEROME 44 Newberry Buildings, Detroit.
Minnesota :
HENRY B. WENZELL 601 New York Life Building, St. Paul.
New York:
GORDON TAYLOR HUGHES 120 Broadway, New York City.
DOMINION OF CANADA:
LOCAL SECRETARY: W. McGregor young The Law School, Osgoode Hall, Toronto.
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