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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. 


vnj  s. 

viij  s. 

vs. 

viij  s. 

vij  s. 

iij  s. 

viij  d 

iiij  d 

iij  s. 

viij  s. 

iij  s. 

iiij  d 

xiij  s. 

iiij  d 

iij  s. 

iiij  d 

iij  s. 

iiij  d 

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 

AUTHOES   CITED: 

'  Acts  of  the  Privy  Council '  (ed.  J.  E. 

Dasent,  1892),  201  n.  7,  205  n.  6 
Allen,  T.,  '  History  of  Lincoln  '  (1834), 

46  n.  4 
Anstey,    H.,  '  Munimenta  Academica  ' 

(1868),  cxix  n.  127 
'  Archffiologia '    (Transactions    of    the 

Society  of  Antiquaries,  vol.  xxx), 

79  n.  6 
Ashley,    W.  J.,    '  Economic    History,' 

Ixxviii  n.  4 


INDEX    OF    PERSONS   AND   PLACES 


217 


Atkyns,  Sir  R.,  'Gloucestershire  '  (17G8), 

209  n.  1 
Bacon,  F.,  '  History  of  Henry  VH.,'  Iv 

n.  1,  Ixxii  n.  4 
Beames,  Jolin,  '  General  Orders  of  the 

Court  of  Chancery  '  (1815),  xxi  n.  2 
Beck,  S.  W.,  the  Drapers'  Dictionary, 

208  n.  2 
Becon,  Thomas,  '  Jewel  of  Joy  '  (Early 

English    Text    Society,  1878),    Ivi 

n.  2 
Bentham,  Jeremy,  '  Defence  of  Usury,' 

Ixxix  n.  2 
Blackstone,SirWilliam('Commentaries,' 

ed.  1765-69),  xv  n.  6,  xlviii  n.  2 
Blomefield,   F.,   'History  of   Norfolk' 

(1805-10),  cxvi.  n.  83 
Boase,  C.  W., '  Oxford '  (Historic  Towns 

Series,  1893  •,  Ixxvi  n.  4,  180  n.  2 

'  Eegist.Univ.  Oxon'  (1885),  cxix  n. 
127,  77  n.  2 
Bosworth,  J.,  'Anglo-Saxon  Dictionary  ' 

(1852),  126  n.  5 
Bracton,  H.  de,  '  De  Legibus  et  Consue- 

tudinibus  AngHae,  Libri  quinque,' 

(ed.  1640),  xxvii,  xxxi,  Ixiv  n.  2, 

5n.  3 
Bridges,  J.,  '  History  of  Northampton- 
shire,' xxii  n.  2 
Britton  (ed.  F.  M.  Nichols,  1865),  xxvii, 

xxxi,  Ixi  n.  2,  Ixix  n.  2,  Ixx  n.  3, 

37  n.  4 
Brodrick,  G.  C,  '  Memorials  of  Merton 

College '  (1885),  cxiv  n.  65,  cxv  n.  73 
Camden,  W.,  '  Britannia  '  (Amsterdam, 

1639),  147  n.  4 
Campbell,  John  (Lord),  Lord  Chancellor, 

'  Lives  of  the  Chancellors  '  (2nd  ed., 

1846),  Ixxvii  n.  5 
W.,  '  Materials  for   the    History  of 

Henry   VIL'   (1873-77),   ex  n.   5, 

cxi  nn.  13,  15, 17,  23,  cxii  nn.  27, 

28,  32,  35,  36,  38,  cxiii  nn.  40,  42, 

45,  51,  cxiv  nn.  55,  58,  cxxii    n. 

163,  1  n.  3,  6  n.  5 
Capon,W., '  Vetusta  Monumenta,'  xi  n.  3 
'  Cartularium  Monasterii  de  Rameseia,' 

vol.  iii.  (ed.  W.  H.  Hart  and  P.  A. 

Lyons,  1893),  74  n.  4 
Chalmers,  A., '  Biographical  Dictionary' 

(1812-17),  cxxiii  n.  172 
Chandler,  E.,  '  Life  of  William  Wayn- 

flete  '  (1811),  cxi  n.  22 
Chaucer,   Geoffrey  (ed.  W.  W.   Skeat, 

I860),'  The  Persone's  Tale,'  Ixx  n.  5 


'  Chronicle  of  Queen  Jane,'  Ac.  (Camden 

Society,  1850),  199  n.  2 
'  Chronicon  Abbatiae  de  Ramsey'  (ed.W. 

D.  Macray,  1886),  89  n.  4 
Churton,     Ralph,    '  Life      of     Bishop 
Smyth  '(1800),  Ixxxiv  n.  2,  cxi  n.  15, 
cxiii  n.  43,  173  n.  4 
'Life   of  Sir  R.  Sutton  '  (1850),  cxiv 
n.  57,  173  n.  4. 
Clutterbuck,  R.,  '  History  of  Hertford- 
shire '  (1815-27),  cxvi  n.  88 
Coke,  Sir   E.,  '  Complete  Copyholder  ' 
(ed.  1673),  Ixiii  n.  9,  Ixv  n.  3 
'  Institutes '  (including  'Coke  on  Little- 
ton ' ),  (19th  ed.  1832),  xi,  xi  n.  6, 
xxxvi  n.  2,  xl  n.  2,  xlv  n.  3,  xlvii 
n.  2, 1  n.  2,  Ix  n.  2,  Ixiv   nn.  2,  5, 
Ixxix  n.  1,  135  n.  5,  196  n.  3, 
199  n.  1 
'  Reports.'     See  sub  Reports 
Collins,  A.,'  Peerage  '(ed.  Sir  E.  Brydges, 
1812),  cxiii  nn.  46,  51,   49    nn.  2, 
11,  57  n.  2,  66  n.  1, 69  n.  2, 173  n.  4 
Collinson,  John,  '  History  of  Somerset ' 
(1791),  44  n.  4,  62  n.  3, 102  nn.  1,  2, 
105  n.  3,  117  nn.  2,  3,  118  n.   1, 
124  n.  3,  147  n.  5,  151  n.  4, 152  n.  4 
'  Common  Weal  of  this  Realm  of  Eng- 
land '  (ed.  E.  Lamond,  1893),  Ivii 
n.  2,  Ixx  n.  4 
Cooper,  C.  H.  and  T.,  'Athenae  Cantabri- 
gienses  '  (1858),  xlv  n.  4,  cxii  n.  36, 
cxiii  nn.  43,  44,  cxv    nn.  72,  79, 
cxix  n.  126,  cxx  n.  136,  77  n.  2 
Cowel,  Cowell,  John, '  The  Interpreter  ' 
(ed.  1701),  xxxix,  Ixiv  n.  1,  37  n.  4, 
160  n.  5 
Cunningham,    T.,    '  Law    Dictionary  ' 
(1771),  39  n.  3 
William,'  Growth  of  English  Industry 
and  Commerce  '  (1896),  Ixvii  n.  3, 
Ixxiii  nn.  7,  8,  47  n.  1 
Davies,  R.,'  Extracts  from  the  Municipal 
Records  of  York  '  (1843),  200  n.  3 
'Dictionary  of  Middle   English   1150- 
1580 '  (ed.  A.  L.  Mayhew  and  W. 
W.  Skeat,  1888),  96  n.  8 
'  Dictionary  of  National  Biography,'  xxv 
n.  2,  xxxiii  n.  2,  xxxiv   nn.  1,    2, 
xxxvii  n.  7,  xxxviii  n.  1,  xlvi  n.  1, 
xlvii  n.  3,  Ixxxii  nn.  2,  3,  Ixxxiii  n. 
8,  xc  nn.  3-5,   xciv   nn.   1,  3,  6, 
8,  9,  xcvi  n.  3,  ex  nn.  2-4,  7,  9, 
10,  12,  cxi  nn.  13,  17,  18,  20,  24, 
25,  cxii  nn.  26,  29,  cxiii  nn.  39,  40, 


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 ' 

(1895),  204  n.  1 
Ducange  (C.  du  Fresne,  Siem-),  '  Glos- 
sarium  Mediae  et  Infimae  Latinita- 
tis '  (ed.  G.  A.  L.  Henschel,  1840-50), 
135  n.  5,  138  n.  5,  152  n.  9, 156  nn. 
3,  4,  157  n.  2,  162  n.  2 
Dugdale,     Sir     William,    '  Monasticon 
Anglicanum '  (ed.  1846),  Ixix  n.  1, 
cxv  n.  78,  34  n.  3,  35  n.  3,  64  n.  5, 
74  n.  1,  88  n.  2,  95  n.  2,  123  n.  1, 
201  n.  5 
'  History    of   Warwickshire  '   (1765), 
197  n.  5 
Elton,  C.  J., '  Law  of  Coypholds '  (1893), 
lix  n.  3,  199  n.  1 
'  Origins  of  English  History  '  (1882), 

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 

Laws  '  (ed.  1759),  196  n.  8 
Fitzherbert,   Sir  A., '  Natura  Brevium  ' 
(ed.  1588),  37  nn.  4,  5,  39  n.  3,  108 
n.  1 
'  Surveyenge  '  (1539),  lix  n.  4,  Ixx  n. 
7,  Ixxi  nn.  1,  2 
Fleta  (ed.  1685),  Ixiv,  n.  2 
Forrest,  Sir  William,'  Pleasaunt  Poesye' 
(Early  Enghsh  Text  Society,  1878), 
Ivi  n.  1,  Ivii  n.  1 
Fortescue,  Sir  John, '  De  Laudibus,'  xlv 

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 

Inn 
Freeman,  E.  A.,  '  Exeter'  (1895),  Ixxiv. 

n.  1 
Froude,  J.  A.,'  History  of  England'  (ed. 

1860),  xvii  n.  4,  Iv  n.  4 
Furnivall,  F.  J.,  '  Ballads  from  Manu- 
scripts'  (1868),  Ixx  n.  4 
Gardiner,  S.  E.,  '  History  of  James  I.' 

(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, 

1891),  X  n.  2 
'Gray's  Inn  Admission  Eegister  '  (ed.  J. 

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), 

'  Dictionary  of  Archaic  Words,  &c.' 

(1850),  11  n.  2, 23n.  5,  30 n.  1,62  n. 4, 

96  n.   8,    126  n.  5,   177   n.  5,  184 

n.  4 
Hardy,  Sir  T.  D.,  '  Introduction  to  the 

Close  Eolls  '  (1833),  ix  n.  2 
Harleian  Society  Publications  (I.  1859, 

XVI.  1881),  200  nn.  2,  3 
Harwood,T.,' Alumni  Etonenses '(1797), 

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  ' 

(1837),  xlv  n.  4 
Keane,  J.  D.,  '  Courts  of  Requests '  (3rd 

ed.  1845),  liv  n.  4 
Lambarde,    Lamberd    W.,   ^ApxaiovofiU 
(1568),  XXV  n.  2 
'  Archeion '  (1635),  x,  xi  n.  1,  xii  n.  11, 

XV,  XV  n.  8,  XXV,  xxv  n.  2 
'Eirenarcha  '  (1581),  xxvn.  2 
Latimer,   Hugli,  '  Sermons  '  (ed.  1844), 

xvii  n.  4 
Leadam,  I.  S.,  'Domesday  of  Inclosures 
1517-18  '  (1897),  Ivi  nn.  3,  4 
'  Last  Days  of  Bondage  in  England  ' 
('  Law  Quarterly  Review,'  1893), 
Iviii  n.  1,  Ixix  nn.  3,  5 
'  Security  of  Copyholders  in  the  Fif- 
teenth and  Sixteenth  Centuries  ' 
('English  Historical Review,'Oct. 
1893),  xvi  n.  4,  Ixxxviii  n.  2,  68 
n.  3,  69  n.  3 
'  Villainage  in  England  '    ('  Political 
Science  Quarterly,'  1893),  Ixviii 
n.  4 
See  also 'Royal  Historical  Society's 
Transactions  ' 
Le  Neve,  John, '  Fasti  Ecclesiae  Angli- 
canae  '  (ed.  1854),  ex  nn.  2,  3,  6,cxi 
nn.  15,  22,  23,  cxiv  n.  58,  cxvn.  71, 
cxvi  n.  90,  cxix  n.  124,  cxxi  n.  152, 
cxxii  n.  153,  cxxiv  n.  181,  98  n.  4, 
123  n.  1 
'Liber  Custumarum  '  (ed.  H.  T.  Riley, 
1860),  Ixxiii  nn.  1,  8 


'  Lincoln's    Inn   Admission    Register  ' 

(1896),  209  n.  1 
Lipscomb,  G.,  'History  of  Buckingham- 
shire '  (1857),  62  n.  3 
Lodge,  E.,  '  Life  of  Sir  JuHus  Ctesar,'  xi 
n.  1,  xix  n.  7,  xx  nn.  1,  2,  xxv  n.  1, 
xxvi  n.  1,  xciii  n.  5 
Lysons,  D., '  Magna  Britannia  :  Devon- 
shire '  (18'22),  136  n.  3. 
Madox,  T.,  '  Firnia  Buigi '  (1726),  Ixxiii 

n.  7 
Maitland,  F.  W.,  'Domesday  and  Be- 
yond '  (1897),  135  n.  5 
'  Select  Pleas    in  Manorial    Courts  ' 
(Selden  Society,  1889),  Ixi  n.  1, 
Ixxiii  n.  6 
Maitland,    W.,    '  History    of   London ' 

(1766),  Ixxxiii  n.  4,  7  n.  5 
Malthus,  T.  R.,  '  Essay  on  the  Principle 

of  Population'  (1826),  Ixi  u.  3 
Malynes,  Gerard,  '  Consuetude  vel  Lex 

Mercatoria '  (1622),  xxxviii  n.  1 
Manning,  0.,  and  W.  Bray,  '  History  of 
Surrey  '  (1814),  Ixxxii  n.  6,  175  n.  2 
Metcalfe,W.  C,  'Book  of  Knights '(1882), 
cxii  n.  38,  cxiii  nn.  42,  51,  cxvii 
n.  97,  cxxi  n.  144,  9  n.  3,  42  n.  2, 
66  n.  1,  104  n.  7 
Meyer,  '  Konversations-Lexikon  '  (Leip- 
zig, 1893,  foil.),  206  n.  2 
'  Mirror  of  Justices  '  (ed.  W.  J.Whitaker, 

1895),  Ixx  n.  2 
Morant,  P.,  '  History  of  Essex  '  (1768), 

cxvi  n.  88 
Murray,  J.  A.  H.,  '  New  English  Dic- 
tionary '  (Oxford,  1888),  60  n.  8 
Nash,  T.,  '  History  of  Worcestershire  ' 

(1781),  197  n.  6 
Nichols,  John,   'History  of  Leicester- 
shire '  (1795-1815),  11  n.  1 
J.     B.,    '  Collectanea     Topographica 
et  Genealogica  '  (1838),  201  n.  4 
Nicolas,  Sir  H.,  '  Historic  Peerage  '  (ed. 
1857),  xc  n.  1,  xciv  nn.  4,  5,  cxii 
nn.  28,    37,  cxiii  n.  42,  cxxii  nn. 
163,  168,  67  n.  3 
Ochenkowski,  W.  von, '  Englands  wirtli- 
schaftliche  Entwickelung  '  (1879), 
Ixxiv  n.  6 
Ormerod,    G.,    '  History    of  Cheshire  ' 

(1819),  cxxi  n.  144 
Palgrave,  Sir  F.,  'Essay  upon  the  Ori- 
ginal   Authority     of     the    King's 
Council '  (1834),  ix,  ix  n.  3,  x  n.  1, 
xlv,  xlv  n.  2,  Ixxxv  n.  2 


220 


COURT   OF   REQUESTS 


Paterson,  E.,   '  Eoads  in  England  and 

Wales  '  (ed.  E.  Mogg,  1829),  38  n.  2 
'  Pipe  Eoll '  (Record  Commission,  1844, 

&c.),  47  n.  1 
'  Placitorum   Abbreviatio  '    (ed.    1811), 

Ixvii  n.  5 
Polwhele,  R.,  'History  of  Devon'  (1797), 

6n.  5 
Porter,  W.,  'History  of  the  Knights  of 

Malta  '  (1858),  cxii  n.  27,  cxvi  n.  80 
Powell,  E.,  '  The  Rising  in  Suffolk  '  (R. 

Hist.  Soc.  Trans.  1894),  Ixvii  n.  4 
Pratt,  J.  D.  T.,  '  Abstract  of  the  Printed 

Acts  of  Parliament  for  the  Estab- 
lishment  of  Courts  of  Requests  ' 

(1824),  liv  nn.  1-4 
'Privy  Council,  Acts  of  the  '  (1890  seq.), 

xciv  n.  7 
'Registrura   Universitatis  Oxoniensis.' 

See  Boase,  C.  W. 
Ricart's  '  Kalendar  '  (Camden  Society, 

1872),  Ixxiv  n.  9 
Riley,  H.  T.,  '  Liber  Custumarum,'  q.v. 
'  Memorials  of  London  Life '  (1868), 
Ixxiii  n.  7 
Rogers,  J.  E.  T.,  '  History  of  Agriculture 

and  Prices '  (1882),  Ixvii  n.  9,  36 

n.  1,  183  n.  2,  186  n.  1,  190  n.  3, 

204  n.  2 
•Oxford    City  Documents'    (1891), 
Ixxvi  nn.  1-5,  173  n.  3,  185,  185 
n.  2 
EoUe,  H.,  '  Abridgment '  (ed.  1668),  196 

n.  3 
•Rotuli  Chartarum'  (1837),  Ixxiii  n.  6 
Roy,  William,  '  Satire  against  Cardinal 

Wolsey  '    (Harleian    '  Miscellany,' 

1812),  Ivi  n.  3 
Ruding,  R.,  '  Annals  of  the  Coinage  ' 

(ed.  1840),  Ixxix  n.  4 
Rutland   MSS.    (Hist.   MSS.   Commis- 
sion, xii),  81  n.  1 
Rymer,  T.,  '  Foedera '  (1737-45),  cxviii 

n.  113,  182  n.  3 
Schanz,  G.,  '  Englische  Handelspolitik  ' 

(1881),  Ixxiv  n.  6,  206  n.  1 
Seton,  H.  W.,'  Early  Records  in  Equity  ' 

(Calcutta,  1842,  privately  printed), 

xlviii  n.  1 
Shakspeare,  William,  '  Merry  Wives  of 

Windsor,'  177  n.  6 
Sharp,  J.  A.,  '  New  Gazetteer '  (1852), 

198  n.  4 
Sheppard,  W.,  '  Of  the  Office  of  Clerk  of 

the  Market '  (1G65),  155  n.  4, 202  n.  1 


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 : 

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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. 
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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). 

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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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